The URL can be used to link to this page

Home My WebLink About12021992 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING/WORKSHOP WEDNESDAY, DECEMBER 2, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE OF SPECIAL MEETING: PUBLIC HEARING AND FINAL .~READOPTION OF: RESOLUTION NO. R-92-46 - MILLAGE SOLUTION NO' R-92-47 - 1992/93 FISCAL YEAR BUDGET * RESOLUTION NO. R-92-41 - VACATION OF EASEMENT * RESOLUTION NO. R-92-48 - STEVENSON-CITY LAND TRADE * RESOLUTION NO. R-92-49 - PERSONNEL DIRECTOR JOB DESCRIPTION 1. CALL SPECIAL MEETING TO ORDER 92.155 PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC HEARING, FINAL ADOPTION A. RESOLUTION NO. R-92-46 - Millage Rate RESOLUTION NO. R-92-46 IS TO BE READ IN FULL IN ACCORDANCE WITH FS 200.065 (2)(d) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1992; PROVIDING FOR DEPOSIT OF TAX LEVIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised November 27, 1992) (R-92-46) 92.15t 92.312 /B. RESOLUTION NO. R-92-47 - 92/93 FY Budget .... CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised November 27, 1992) (R-92-47) 5. PUBLIC INPUT ON AGENDA ITEMS (SPECIAL MEETING ITEMS) Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. RESOLUTION NO. R-92-41 - VACATION OF EASEMENT - WILSON - LOT 14, BLOCK 447, UNIT 17 (R-92-41, Vacation Of Easement Memo From Dan Eckis Dated 10/8/92, Application From Wilson, Plat of Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST TEN FEET OF THE EAST TWENTY FOOT DRAINAGE AND UTILITY EASEMENT OF LOT 14, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 2 92.217 92.313 RESOLUTION NO. R-92-48 - STEVENSON - CITY LAND TRADE (Community Development Director Recommendation Dated 11/24/92, R-92-48, Special Warranty Deed) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CONVEYANCE OF A PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN EXCHANGE FOR A PERPETUAL EASEMENT FOR A PORTION THEREOF AND A PERPETUAL EASEMENT FOR THE SOUTH FIVE FEET OF ANOTHER TRACT OF REAL PROPERTY; AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A SPECIAL WARRANTY DEED TO IMPLEMENT THE CONVEYANCE OF THE PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN A FORM IDENTICAL TO THE SPECIAL WARRANTY DEED ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-92-49 - PERSONNEL DIRECTOR JOB DESCRIPTION (City Manager Recommendation Dated 11/24/92, R-92-49, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF PERSONNEL DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 9. ADJOURN SPECIAL MEETING 10 . CALL WORKSHOP TO ORDER 11. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 12. ANNOUNCEMENTS 13. PUBLIC INPUT ON AGENDA ITEMS Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. 14. CONSENT AGENDA 92.319 92.313 92.314 92.151 92.204/ 91.339 92.315 92.316 92.317 15. Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Sebastian Panthers Youth Association Fee Waiver - Reduce Security Deposit To $100.00 - Awards Banquet - Comm. Center (City Clerk Recommendation Dated 11/24/92, Rental Application) WORKSHOP ITEMS Personnel Director - Report On Salary Range (City Manager Recommendation Dated 11/24/92, Salary Survey) City Manager Contract Renewal (City Manager Recommendation Dated 11/24/92, City Manager Contract) Review Proposed Charter Revisions (Memo From Ann Robinson, Supervisor Of Elections Dated 11/20/92) (Proposed Ordinance O-92-19, 0-92-20 and 0-92-21 Previously Distributed) Street Improvement Program - Fiscal 1992/93 (City Manager Recommendation dated 11/23/92, City Engineer Memo dated 11/23/92 and Street Improvement Spread Sheet, Empire Engineering Test Reports, Gallentine Sub Plat Map) Request To Donate .To The Environmental Learning Center (Community Development Director Recommendation Dated 11/24/92, Letter From Holly Dill Dated 11/24/92, Application For Buy-A-Plank Or Pillar) Planning & Zoning Commission Membership Renewals (Community Development Director Recommendation Dated 11/23/92, Twelve (12) Applications, Memo Dated 11/20/92 From P&Z) Tree Protection Ordinance (Community Development Director Recommendation Dated 11/23/92, Memo From P&Z Dated 11/20/92, Proposed Amendments To The Tree Protection Ordinance Article XIV) 92.318 16. MAYOR AND CITY COUNCIL MATTERS A. Dr. Peter R. Holyk B. Mr. George G. Reid C. Mayor Lonnie R. Powell D. Mr. Frank Oberbeck E. Mrs. Carolyn Corum 17. CITY ATTORNEY MATTERS 18. CITY MANAGER MATTERS A. Cancel Regular Meeting Of December 9, 1992 (City Manager Recommendation Dated 11/24/92) 19. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 20. 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.) RESOLUTION NO. R-92-46 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1992; PROVIDING FOR DEPOSIT OF TAX LEVIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. The City of Sebastian, Florida, shall levy a general ad valorem tax of 6.441 mills upon each one thousand (1,000.00) dollars of all real and tangible personal property situate within the city limits subject to taxation on the first day of January, 1992, to finance current operating expenses of the city, the tax shall be assessed and collected in the manner provided by law. Section 2. It shall be the duty of the Finance Director of the City of Sebastian to deposit the proceeds from the tax levy into its appropriate account as provided by law and to keep such account and make payments from it as shall from time to time be directed by the City Council. Section 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Resolution shall be effective immediately upon its final passage. The Councilman seconded by Councilman put to a vote, the vote was as follows: foregoing Resolution was moved for adoption by The motion was and, upon being Mayor Lonnie Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Peter Holyk Councllmember George Reid The Mayor thereupon declared this Resolution duly adopted this day of , 1992. passed and CITY OF SEBASTIAN, FLORIDA' ATTEST: By: Lonnle R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) 2 I HEREBY CERTIFY that the foregoing Resolution was duly advertised in the Veto Beach Press Journal on the day of · 1992; that one public hearing was held on the day of _ , 1992; and that the Resolution was adopted by the City Council of the City of Sebastian, Florida· on the day of , 1992. Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 RESOLUTION NO. R-92-47 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: Section 1. The following information is the summary annual budget for the City of Sebastian for the Fiscal Year beginning October 1, 1992, and ending September 30, 1993, which budget is hereby confirmed, adopted and approved in all respects. Said budget is adopted after full, complete and comprehensive hearings and expression of all parties concerned and is made necessary to provide required funds for capital outlays, operating expenses, expenditures for materials, labor, equipment, supplies, and contingent expenses of said City and represents and presents the Judgment of intent of the City Council as to the needs of the Departments of the City Government and as to their fiscal requirements for the next ensuing fiscal year beginning October 1, 1992 and ending September 30, 1993. Summary Budget Expenditure Information: General Fund $ 378947~i0 3~791~,,820 Capital Projects Fund 6657000 656~000 Capital Improvements Fund Debt Service 239,320 136,400 Golf Course Fund Airport Fund Utilities Fund Cemetery Trust Fund Police Education Fund County Option Gas Tax TOTAL BUDGET EXPENDITURES 51,610 230,990 30,700 2,400 590,970 $ L 6ss, 10o ~418,.310 Section 2. The salaries set forth in said budget are adopted subjec-~-to the collective bargaining agreements with the Communication Workers of America and Fraternal Order of Police. Section 3. The funds and monies necessary to meet the appropriations stipulated by and in said budget are hereby expressly appropriated out of anticipated revenues not otherwise appropriated. Section 4. The Finance Director is hereby authorized and directed to in~rease the corresponding line item appropriations in the budget to the extent of those purchase orders which shall have been issued prior to September 30, 1992, but shall have not been filled prior to that date, and authorized and directed to pay all such purchase orders upon receipt of the goods and services therein specified from the funds so appropriated. The Finance Director is further authorized and directed to increase the within budget appropriations to the extent of any unexpected balances from State, Federal or other grants as of the end of business on September 30, 1992, and to the extent of any unexpended balances, whether or not encumbered, outstanding in work orders as of the end of business on September 30, 1992; and all such balances shall be appropriated to the corresponding accounts in the same funds in which they were outstanding as of September 30, 1992; and the Finance Director shall be authorized to expend such appropriations for the purposes approved by the City Council in connection with such State, Federal or other grants, and work orders. The Finance Director shall, prior to December' 31, 1992, report to the City Council all such purchase orders, grants, and work orders. Corresponding changes in the anticipated revenue accounts are hereby authorized. The Finance Director is hereby authorized to carry forward any unencumbered balance in the fiscal year 1991-1992 Capital Projects Fund in excess of that set forth as beginning balance in Capital Projects. 2 Section 5. The Finance Director is hereby authorized and directed to maintain and amend the within budget so as to reflect the anticipated revenue and appropriation and expenditures of all grant funds committed to, or received by the City subsequent to September 30, 1992, and prior to October 1, 1993, in accordance with the directions of the City Council as to the appropriation and expenditure of such grants as and when received. Section 6. To facilitate proper accounting for Council~ approved funding pro3ects financed from resources originating in more than one fund and for program/supervision allocation, the Finance Director is hereby authorized to amend the estimated revenues and appropriations of various funds affected to reflect the transactions pertaining to each fund involved. Section 7. The Finance Director, with the concurrence of the City Manager, shall have the authority to transfer appropriations from one line item to another line item within an individual budget department, so long as the total appropriations for each cost center, including the Capital Outlay accounts related thereto, shall not be increased thereby. Appropriation transactions affecting fund totals, other than those authorized herein in other sections, shall require prior approval of the City Council. Any such transactions are sub3ect to any restrictive statutes or ordinances, including those authorizing the issuance of any outstanding bonds. Section 8. CONFLICT. Ail resolutions or parts of res°lutions"in"conflict herewith are hereby repealed. Section 9. EFFECTIVE DATE. This Resolution shall become immediately effective u~on its adoption. The foregoing Resolution was moved for adoption by Councilman seconded by Councilman put to a vote, the vote was as follows: . The motion was and, upon being Mayor Lonnie Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Peter Holyk Councilmember George Reid 3 The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Lonnie R. Powell, Mayor I HEREBY CERTIFY that the foregoing Resolution was duly advertised in the Vero Beach Press Journal on the day of · 1992; that one public hearing on the Resolution was held on the day of , 1992; and that the Resolution was adopted by the City Council of the City of Sebastian, Florida, on the __.day of , 1992. Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved'as to Form and Content: Charles Ian Nash City Attorney 4 RESOLUTION NO. R-92-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST TEN FEET OF THE EAST TWENTY FOOT DRAINAGE AND UTILITY EASEMENT OF LOT 14, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION That the City of Sebastian does herewith abandon and discontinue all that portion of land dedicated for easement and described as follows: vacate, abolish, previously The west ten feet of the east twenty foot drainage and utility easement of Lot 14, Block 447, Sebastian Highlands Unit 17, according to the plat thereof, recorded in PBI 8-46, Public Records of indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This. resolution shall be recorded in the public records Indian River County, Florida. of SECTION IV This resolution shall be in immediately upon its passage. full force and effect CITY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this .day of , 1992. Kathryn M. O'Halloran, CMC/AAE ( S E a L ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, day of , 1992. Florida, this My Commission Expires Approved as to Form and Content: Linda M. Lohsl NOTARY PUBLIC, STATE OF FLORIDA AT LARGE Charles I. Nash, City Attorney 2 City of Sebastian POST OFFICE 8OX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: October 8, 1992 TO: Kathryn M. O'Halloran City Clerk FROM: Daniel C. Eckis, P.~.~ City Engineer/Publ~c~rks D~rector RE: Abandonment of Easement - West 10 feet of the rear 20 foot drainage easement for Lot 14, Block 447, Unit 17, Sebastian H~ghlands. I have reviewed the request for abandonment of easements and I have no objections to this adandonment being approved, for the installation o£ a storage building on the property. Should you have any further ~n£ormation, please feel free to contact our office. DCE:lk CTTy OF ,qEBASTXAN 'APPL'rCA?ZON FOR VI~CAT'YON OF EAs~'MEIq'I'(S) ' (?his ~quea~ shall fie be accepted unled~ .c, omplet,ed i_n *Individual, cogporatlon, et0, - Zi aorPoratton apply corporate ?,)=L DESCRIPTION OF Ri~!AL PROPER3~t.~ OH WHICH ~L~4g:NT DESCRZPTIV~ LOCATION OF EASlii;HEI~'A' I~ B~ ABANDON1~D: (Th£a it:am t:O be filled In bl¢ guild*lng O££talal) APPROXZMA?~ SIZE OF EASEMKNT.'~£eet in lengi:h~ln C~"" y~,, ~pa To ~alea~e th~m eaaem&n~) I HEREBY CI~RTIFY t:hat: Z, the Applioan~:, o~n 'bha real Pro~r~l~ on to present thAe request to vacate by ~ha o~nar of ~ha real gned:{ title° 1~ any) Date Please Print l~'ame ~ere" '~,.~xh hereto. ~:he ~'olloving: , . Map, plat, sux~mF, or clam~ ~Tawtng at wZth Pa~caX(a) of land ad~mcent to ~he ( ) 2, ~pXe~e X~aX deeG~p~Zon of ~ho pe~ceX o8 land on which placed on ~hm ltnem p~tded a~o ~or ~ho dmmortp~lon, ( ) 3. ~ttten au~rizmt~on of 2he omar of the pe~mX o~ land ( ) 4, IF IT IS ~SS~Y ~ G~ BA~ ~ ( ) 5. A~ach a c~eR oF ~ o~der p~able ~o '~ CA~'~:" · 0~fLcm of ~he CA~ Clerk. ~m applA~etXon refundable. The ~ee ~m 1.1'~{;I,;1¢1): (P)-I'i~'I' . (tl)-HE~L~URE~ (C)aCa.lculated R/gdRighc-o[-~uy ~S-Hea~ural Ol~-Overl~ad P. P. =Po~ec Po le I.ut 14 ~loek 447, ~SBA$~[AN HXGIII.ANOS aa cecordmJ in Plat Book 8 Pubtlq ReCocd~ o[ Brevacd County. Florida. Pactel lte~ ~,ithl. llUUNUAR¥ fillRV~¥ IIITII tHl'lUJVl~ll~f[~ FOR Al:JO CERTIF[ED 'I'L}: N/A Job No. 9 ~ = ~ 609 Field Book No.~o- ~-o BEEVARD SURVEYING, INC 1743 CANOVA ST. S.P_. J PALM BAY FL 32909 J - ttOl'~, rd~K)SF.O ii,OOR .l~l~,~l, iOH TO M 11 ~.U. ,if.Wi pie ClOWi, i OF 111E ROAD. UNLF-5~ (~ouffrY SfAT~ 41 JJd~ AIIr)VE Ti j ~FjqKI AS fiji I,.lllag.t,ga ~n~ o. Iteco~d Plat l/al as oi) a~ve sketch og sucvey'X~cated by OP B~I~ ~IH[). ' ~co~ [o~aC/on~ ar~ fmc a~traet~ a~'have aa sh~. 3.Pto~tty sltuJ:ed Jn F~ ~o~ ff h,,r J(ha Hwq, ,m{ml~t' 1206 t c00871. 4.glevac~o.a (1~ a~)ate based on ~VD (Wsclo, m.t (~mh=c.t(: Veccical Oatlmm). t929 ~k ~o. p~olmt'ty. ~urv~y {mc[o~ on ~-~.~a~ cecengly pre~rzd by ~b~ Pco[esalmml ~1 Surw~ym'a,ami putsuan: :o a12.027 ~R~DA I)eC (:h. pCec ZT-iUI-6,FI~RLDA A~JNT5~ . , ' ~r VAblD UNL~ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RESOLUTION R-92-48 STEVENSON-CITY LAND TRADE Approved For Submittal City Manager Dept. Origin: Community Development Date Submitted, 11/24/92 (B~ For Agenda Of: Exhibits: 1. %2/02/92 Resolution R-92-48 EXPENDITURE REQUIRED: AMOUNT BUDGETED~ APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting o~ August 12, 1992, the City Council reviewed the request of Hazel Stevenson regarding a small tract of land just north o~ the yacht club that was inadvertently donated by Mr. & Mrs. Stevenson to the City of Sebastian. The proposed resolution will convey this property back to Mrs. Stevenson and the City will obtain a perpetual easement for ingress and egress to install a new seawall or repair the existing bulkhead located on the yacht club property. RECOMMENDED ACTION Move to apprOve Resolution R-92-48. RESOLUTION NO.: R-92-48 ~ RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CONVEYANCE OF A PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN EXCHANGE FOR A PERPETUa25 EASEMENT FOR A PORTION THEREOF ~ND A PERPETUAL EASEMENT FOR THE SOUTH FIVE FEET OF ANOTHER TRACT OF REAL PROPERTY~ AUTHORIZING THE MAYORAND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A SPECIAL WARRANTY DEED TO IMPLEMENT THE CONVEYANCE OF THE PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN A FORM IDENTICAL TO THE SPECIAL WARR;tNTY DEED ATTACHED HERETO AS EXHIBIT "A"~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hazel T. Stevenson and her late husband previously donated a tract of land to the city of Sebastian, Indian River County, Florida (the "City"), which mistakenly included a parcel located east of Indian River Drive; and WHEREAS, Hazel T. Stevenson has offered to grant the City a perpetual easement for a portion of the parcel which she desires the City to reconvey to her and a perpetual easement for the south five feet of another tract of real· property owned by her; and WHEREAS, the City Council has determined that accepting the exchange offer proposed by Hazel T. Stevenson is in the best interest of the residents of the City of Sebastian and that the exchange would serve a valid municipal purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ AGREEMENT. The exchange offer proposed by Hazel T. Stevenson as set forth in Agenda Item No. 92.217 discussed at the City Council meeting held on August 12, 1992, is hereby approved. $.ect$on ~. EXECUTION OF DEED. 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, a Special Warranty Deed in the form attached hereto as Exhibit "A" and by this reference incorporated herein. Sect~ CONFLICT. Ail resolutions or parts resolutions in conflict herewith are hereby repealed. of Section 4. 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 5. E~FECTIVE DATE. effect immediately upon its adoption. 2 This Resolution shall take The foregoing Resolution was moved for adoption by Council Member Council Member vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted on this __ day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 MADE this day of , A.D., 1992. BETWEEN CITY OF SEBASTIAN of P.O. Box 780127, Sebastian, the County of Indian River, in the State of Florida, the Grantor, and HAZEL T. STEVENSON, P.O. Box 6008, of tbs County of Nassau, in the State of Florida, the Grantee, BY THIS SPECIAL WARRANTY DEED, the Grantor, in consideration of Ten Dollars ($10.00) paid by Grantee, conveys to Grantee, his heirs and assigns in fee sim~le, absolute forever, the following described real property in Indian River County, Florida, to wit: A parcel of land lying in Section 6, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest co=ncr of the Southwest one-quarter of the Southeast one-quarter of said Section 6, run East along the Section llne a distance of 1377.44 feet to the centerline of U.S. Highway l, thence run Northerly along said centerline a distance of 1286.30 feet to the South right of way of Cleveland Street, as shown on the plat of Edgewater Park Subdivision, as in Plat Book 1, Page 23, Indian River County, Florida records; thence run along the South right of way of Cleveland Street and the projection of same a distance of 795.84 feet to the West shore of the Indian River and the Point of Beginning; thence meandering said West shore in a Northerly direction a distance of 40.48 feet to the North line of Block 1, Edgewater Park Subdivision, thence run S 70 degrees 45 minutes w to the Easterly right of way of Indian River Drive; thence run S 25 degrees 10 minutes 38 seconds E along said Easterly right of way of Indian River Drive to the South right of way of Cleveland Street a distance oS 40.48 feet; thence run N 70 degrees 45 minutes E to the Point of Beginning. SUBJECT TO a perpetual easement of the South 5' of the above- described property. Said easement for ingress and egress to install a new seawall or repair the existing bulkhead located on the adjacent lot owned by the City of Sebastian which seawall or bulkhead or any part thereof shall be permitted to be located within the South two (2) foot of the easement area. Said easement is for the use and benefit of the City of Sebastian and the public. Grantor covenants with Grantee that Grantor is lawfully sci=ed of the property in fee sim~le; that Grantor has good right and lawful authority to sell and convey the property; that Grantor warrants the title to the property for any acts of Grantor and will defend it against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS W~EREOF, the said party of the first part, LONNIE POWELL, Mayor of the CITY OF SEBASTIAN, hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of us. CITY OF SEBASTIAN Print Print ATTEST: CiTY CLERK BY: LONNIH POWELL, Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 1992, by LONNiE POWELL, Mayor of th--~--~ity of Sebastian and attested by the City Clerk, produced .... · They are personally kno~m to me or they ha~e take an oath. as identification and did NOTARY PUBLIC MY COMMISSION EXPIRES~ T~IS INSTRUMENT PREPARED STEVEN LULIC~, Esquire P.O. Box 781390 Sebastian, FL 32978-1390 (305) 589-5500 -2- SPEC~A~ WARa~,TY p~,E~ MADE this ~day of , A.D., 1992. BETWEEN CITY OF SEBASTIAN of P.O. Box 780127, Sebastian, the County of Indian River, in the State of Florida, the Grantor, and HAZEL T. STEVENSON, P.O. Box 6008, of the County of Nassau, in the State of Florida, the Grantee, BY TNIS SPECIAL WARRANTY DEED, the Grantor, in consideration of Ten Dollars ($10.00} paid by Grantee, conveys to Grantee, his heirs and assigns in fee simple, absolute forever, the following described real property in Indian River County, Florida, to wit: A parcel of land lying in Section 6, Township 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of the Southwest one-quarter of the Southeast one-quarter of said Section 6, run East along the Section line a distance of 1377.44 feet to the centerline of U.S. Highway i, thence run Northerly along said centerline a distance of 1286.30 feet to the South right of way of Cleveland Street, as shown on the plat of Edgewater Park Subdivision, as in Plat Book 1, Page 23, Indian River County, Florida records; thence run along the South right of way of Cleveland Street and the projection of same a distance of 795.84 feet to the West shore of the indian River and the Point of Beginning; thence meandering said West shore in a Northerly direction a distance of 40.48 feet to the North line of Block 1, Edgewater Park Subdivision, thence run S 70 degrees 4~ minutes W to the Easterly right of way of Indian River Drive; thence run S 25 degrees 10 minutes 38 seconds E along said Easterly right of way of Indian River Drive to the South right of way of Cleveland Street a distance of 40.48 feet; thence run N 70 degrees 45 minutes E to the Point of Beginning. SUBJECT TO a perpetual easement of the South 5' of the above- described property. Said easement for ingress and egress to install a new seawall or repair the existing bulkhead located on the adjacent lot owned by the City of Sebastian which seawall or bulkhead or any part thereof shall be permitted to be located within the South two (2) foot of the easement area. Said easement is for the use and benefit of the City of Sebastian and the public. ~rantor covenants with ~rantee that Grantor is lawfully seized of the property in fee simple; that Grantor has good right and lawful authority to sell and convey the property; that Grantor warrants the title to the property for any acts of Grantor and will defend it against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WN~Pd~OF, the said party of the first part, LONNIE PO~LL, Mayor of the CITY OF SEBASTIAN, hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of us. CITY OF SEBASTIAN Print ATTEST: CITY CLERK BY: LONNIE POWELL, Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument wes acknowledged before me this day of _, 1992, by LONNIE POWELL, Mayor of the City of Sebastian and attested by the City Clerk, They are personally known to me or they have produced as identification and did take an oath. NOTARY PUBLIC MY COMMISSION EXPZRES~ THIS INSTRUMENT PREPARED BY: STEVEN LUI~ICH, Esquire P.O. Box 781390 Sebastian, FL 32978-1390 (305) 589-5500 -2- v~--~--~z PR[ 11=~Z STEVEN LULICH PR ~TTY 40? DEED KNOW ALL MEN BY THESE PRESENTS THAT Ea2el T. Stevenson hereinafter referred to as 'Grantor") hereby grants to the City of Sebastian, a municipal corporation (hereinafter referred to as l"Gr&ntee"), a perpetual easement for ingress and egress to install a new seawall or repair the existing bulkhead located on the ~d]acent lot owned by the City of Sebastian which seawall or bulkhead or any part thereof shall be permitted to be located within the South two (2) foot of the easement area. Said easement is for the use and benefit of the City of Sebastian and the public. The easement il described as'followe~ ~he South 5' of a parcel of submerged land in the Indian River in ~ection 6, Townehi~ 31 South, Range 39 East, Indian River County, Florida, more partLcularly described ae followe~ ~rom the Southwest corner of the Southwest one-quarter of the Southeast one-quarter of said Section 6, run East along the Section line a distance of 1377.44 feet to the centerline of U.S. Highway No. 1, thence run Northerly along said centerline a distance of 1186.30 feet to the South right of way of Cleveland Street, as ~hown on the plat of Edgewater Park Subdivision, as in Plat Book 1, Bag* 2], Indian River County, Florida recorde~ thence run along the South right of way of Cleveland Street and the projection of same ~ distance of 795.84 feet to the West shore of the Indian River and the Point of Beginning; thence meandering said West shore in a Northerly direction a distance of 40.48 feet to the North line of ~lock 1, Edgewater Park Subdivision, thence run N 70 45' E a distance of 190.00 feet to the Bulkhead Line aa aetabliehed~ thence ~un S 20 4~' E a distance of 40.50 feet to the Sebastian Yacht ~lub~ thence run S 70 45' W along the North line of the Sebastian Yacht Club a distance of 190.00 feet to the Point of Beginning. Containing 0.17 acres, more or lees. Together will all the tenements, hereditaments and appurtenances thereto belonging or in anywise apperta~ning. TO HAV~ AND TO HOLD in perpetuity. ~ AND the Grantor hereby covenants with said Grantee that the ~rantor is lawfully seized of said land in fee simple~ and that the ~rantor has due right and lawful authority to convey this Easement thereupon~ and the Grantor hereby fully warrants the title to said land and this Easement and will defend the same against the lawful Claims of all persons whom$oever~ and that said land is free and ~lear of all encumbrances, except taxes accruing subsequent to December 31, 1991. IN WITNESS WNBR;~, the said Grantor has signed and sealed SIGNED, SEALED AND DELIVERED iN THE PRESENCE OF! P.O. Box 6008 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT= Personnel Director Job Description Approved for Submittal By: city Manager~ L agenaa No. Dept. of Origin= City Manager Date Submitted 11/24/92 For Agenda Of= 12/02/92 Exhibits= -Resolution R-92-49 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUKMAR~ STATEMENT Several weeks ago I appointed a special committee to assist me in appointing the City's first Personnel Director. Serving on the committee are local residents Norma Damp and Susan Fisher and the Personnel Officer for the City of Stuart, Anne Craig. The first task of the committee was to write a proposed job description for the position. The committee members drew on their own experience and expertise plus reviewed job descriptions for Personnel Director of approximately twenty (20) Florida municipalities to develop the attached draft job description. Committee members Norma Damp and Anne Craig are expected to be present at the December 2, 1992 city Council Meeting to address this issue. RECOMMENDED ACTION Move to adopt Resolution R-92-49 adopting a job description for the position of Personnel Director. RESOLUTION NO. 92-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF PERSONNEL DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CiTY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is impacted by the mandate · of State and Federal laws relating to public employment, such as the Americans with Disabilities Act; and WHEREAS, the City Council finds that public personnel policies and collective bargaining agreements are complex and diversified; and WHEREAS, the position of Personnel Director is necessary to direct and manage the wide array of complex employment and personnel issues. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I. The job description for the classification of Personnel Director, attached hereto as Exhibit "A" is hereby adopted. SECTION II. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION III. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION IV. This Resolution immediately upon its adoption. shall take effective The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Peter Holyk Councilmember George Reid Councilmember Carolyn Corum The Mayor thereupon declared this Resolution duly passed and adopted this day of ., 1992. CITY OF SEBASTIAN, FLORIDA BY: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Charles I. Nash City Attorney I JOB TITLE= REPORTS TO: SUPERVISES= Personnel Director city Manager No Direct .Supervision II MAJOR FUNCTION= Administrative, technical and confidential work in directing and coordinating the City's personnel program. Develops, implements and administers all phases of the City's personnel systems including recruitment, selection and placement, position classification, pay administration, training, employee evaluation, and labor negotiations. Formulates and executes the City's personnel policies. Frequent contact with employees, departmental officials, and the City Council. Work is performed with a wide latitude for use of independent judgment and is subject to direction and review by the City Manager. III SPECIFIC DUTIES: Administers and complies compensation programs. with unemployment and workers' Investigates problems incident to the reallocation of positions, working conditions, disciplinary actions, and non- union grievances. Investigates and responds to discrimination charges filed against the City through internal grievances or external agencies. Prepares labor contract proposals; acts as chief negotiator; handles all grievances arising out of labor agreements. Interprets the City policy regarding personnel matters to departmental officials, employees and their representatives, professional groups and the general public. Ensures compliance with all personnel related, Federal, State and local regulatory agencies. Administers the City's Affirmative Action Plan and acts as City's Safety Coordinator. Plans, organizes and directs the work of personnel engaged in maintaining position classification and pay plans including, position audits, job evaluations, wage surveys and staffing recommendations. Develops and implements recruitment and hiring procedures, including those activities associated with Affirmative Action guidelines. Writes and places advertisements and notices of openings. Screens and reviews applicants. Reviews personnel action requests, accident report forms, annual employee performance appraisal forms, and approves according to established procedures. Establishes, or recommends for establishment, personnel standards, procedures, rules and regulations. Creates and maintains file and record systems. Administers fringe benefits program; responsible for the processing of employee-related insurance claims, reports pension/retirement contributions. Maintains fringe benefits program and recommends changes based upon surveys and related research. EVALUATION: Evaluates assigned personnel for effectiveness and efficiency; initiates personnel actions of hiring, promotion, discipline, and termination; provides technical support and guidance in their work activities. EMPLOYEE DEVELOPMENT AND TRAINING: Develops, recommends, and implements job-related testing and personnel procedures; administers policies and testing. Receives, researches, responds and resolves questions and inquiries in related areas from employees, public, department heads and city officials. Explains personnel policy to departments, groups, and individual employees; conducts periodic orientation meetings for employees. IV REPORT PREPARATION: W-2 Payroll ADA'ongoing reporting to Federal Governments EEOC to State annually Workers Compensation Investigation Unemployment Compensation V EXPERTISE/SKILLS: Knowledge of Federal and State laws affecting employment practices, labor relations and collective bargaining, equal employment opportunity, occupational health and safety and Americans with Disability Act. Thorough knowledge of Municipal Government procedures and organization. Ability to analyze complex data and prepare and submit reports. Ability to work with little direction and/or supervision. Ability to analyze and evaluate systems and recommend and implement changes. Ability to present, explain, and/or defend policies and policy changes to employees in groups or as individuals. Ability to make and stand by unpopular policy decisions when necessary. Ability to interface with all levels of employees - from entry level employees to senior management. Effective oral and written communications. - Flexibility. MINIMUM QUALIFICATIONS: Graduation from a two year accredited college. Experience of a progressively responsible nature of personnel management, labor relations, including 2 years experience in a technical capacity of public personnel work. A comparable amount of training or experience may be substituted for the minimum qualifications. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 TO: FROM: SUBJECT: DATE: Mayor City Council City Manager City Attorney Kathryn O'Halloran City Clerk Correction On 12/2/92 Agenda Item # 92.319 A. Under Consent Agenda November 25, 1992 READS: Sebastian Area Civic Association Fee Waiver - Yacht Club SHOULD READ: Sebastian Panthers Youth Association Fee Waiver - Community Center. Attached is a copy of the corrected exhibit. KO:is attachment City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT:Sebastian Panthers Youth ) Assoc. Fee Waiver -Community Center) ) ) Approved For Submittal By: City Manager Agenda No. Dept. Origin City Clerk Date Submitted 11/24/92 For Agenda Of 12/4/92 Exhibits: Panthers Application dated 11/24/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Panthers Youth Sports Association has applied for ,use of the Community Center for an Awards Banquet on December 11, 1992 from 5:00 P.M. to 11:00 P.M. and is requesting that the rental fee be waived and that the 8250.00 security deposit be reduced to $100.00. City Council, on January 12, 1991, March 13, 1991 and July 24, 1991 approved rental fee waivers and reduced the security deposit to $100.00 for Sebastian Panther Youth Dances and Fundraiser. RECOMMENDED ACTION Move to approve the request for fee waiver and to reduce the security deposit to $100.00 for the Sebastian Panther's use of the Community Center on December 11, 1992. City of Sebastian POST OFFICE 8OX 780127 c~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 c~ FAX (407) 589-5570 SUBJECT: Personnel Director Salary Range Approval For Submittal By= city Manager: Agenda No. ~'~'.J/',J,~ Dept. of Origin: City Manager Date Submitted= 11/24/92 For Agenda Of: 12/04/92 12/02/92 Exhibits= SaZary Survey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Several weeks ago, I appointed a special committee of personnel professionals to assist me with the selection of the City's first Personnel Director. Serving on this committee are Norma Damp, Susan Fisher, Anne Craig, Personnel Officer with the City of Stuart. The committee was charged with the responsibility of developing recommendations for salary range for the Personnel Director. The committee report, which was drafted by committee chair Norma Damp, follows: "Salary Survey - Personnel Director In determining the pay matrix for this highly responsible professional position, we considered many factors. First, we looked at 16 different cities - with the populations between 10,000 to 13,000 plus, with the salary ranges of their personnel directors. That r~ did not tell us what we needed so we acquired a list of 14 cities. That gave us not only population with minimum and maximum salary range, but more importantly, the number of ~mDlovees in each city as well as the tax base and general fund of each. Of those 14, we took 6 cities that ranged from 96 to 175 employees, which averaged 134.8 employees. The 6 cities percentage of pay range, from minimum to maximum was 51%. Therefore, we felt comfortable, and all were in agreement, that we propose a 50% range with a minimum of $30,000 to $45,000." RECOMMENDED ACTION Review salary range recommendations for the position of Personnel Director. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5,.330 u FAX (407) 589-5570 SUBJECT: City Manager contract Renewal Approved For Submittal By: ) City Manager Dept. of Origin= City Manager Date Submitted= For Agenda Of= Exhibits 12/02/~2 -City Manager Contract REQUIRED Approx. EXPENDITURE= BUDGETED AMOUNT= APPROPRIATION REQUIRED~ SmlM~RY ~ My employment contract with the City of Sebastian provides for one (1) year extensions of the contract to be approved by the City Council one (1) year in advance. Therefore, the contract renewal period is for calendar year 1994. However, the contract limits the severance provisions to one (1) year's compensation in the event the City Manager is terminated without cause. Should the City Manager be terminated with cause, there is no severance payment made. The purpose of an employment contract is to provide for a smooth transition for both the City Manager and the City Council should the City Council or the City Manager elect to terminate the contract. The existing contract has been in place since 1988. The City Council and I have agreed to two (2) modifications: 1. In lieu of dependent paid health insurance premiums paid by the City, the City extended the $1.56 per hour insurance "buyout" as it did to all other full time employees. 2. Rather than a City owned automobile, the City is furnishing a monthly car allowance and I am required to furnish my own automobile for City use. Since these changes were agreed to at City Council Meetings and are a part of the record, I see no reason to modify the contract document since it is clear that both parties agreed to these provisions. Once again, I am requesting the City Council to approve an increase in the City's contribution to my retirement fund from 7 1/2% to 10%. This past year, the City Council chose not to extend the 4% cost of living increase to me since i was granted a substantial increase in salary last April. However, this is inconsistent with past practice. In the past, the City Council has adjusted wages and salaries for many positions including: Clerical Assistant I, Clerical Assistant II, Desk Clerk, Cart Attendant, Computer Operator, Mechanic, Communications Technician, Chief Communications Technician, Heavy Equipment Operator, Golf Course Manager, Golf Course Professional, City Clerk, Deputy City Clerk, Director of Community Development, Police officer, Police Sergeant, Police investigator, Police Lieutenant and others. In all cases, these employees also received the annual cost of living increase granted all other employees. Therefore, I would ask the City Council to consider an increase in the City's contribution to the ICMA Retirement Fund from 7 1/2% to 10%. RECOMMENDED ACTION Consider extending the term of the City Manager's contract through calendar year 1994 and consider increasing the contribution to the ICMA Retirement Corporation in behalf of the City Manager from 7 1/2% to 10%. This Employment Contract is entered into ~ and between the C.i~ of Sel~m, Florida. a municipal corporation, and Robert $. McClar7 (M¢CIarT) on this.~.~., da~ of /7/,~ c,,,~ 1~. WHEREAS, the Ci~ is a charter Ci~ within the meanmS of the constitution of the $~ate of Florida and is authorized to exarci.~ those powers permit~ ~ the Ci~ charter and Slate statu~ and ~, the terms and conditions of employment of a C.i~ MnnaS,~ ar~ within the ]x~wers dele~afed, ext:~ess and impfiec~ to the Cit~ b~ the Cit~ charter m~tc[ $~e statute,, and WHEREAS, it is in the lmblic interest and serves the health, safer7 and welfare of the cit/zens o~ the C. it~ to emplo~ McCIm~ ~s Cit~ ~ upon such terms and conditions as will promote his continuous woductivit7 and efficiency,, ?roy/de him ~th reasonable empto~nen~ and financial ~ecurit7 and set ~orth a ~r, equit~le and orderly' means for termination of such emplo~men~; and ~, Mc-C~ n~i the Cit7 cks/r~ to ~ upon ~ ~-t forth ~he fotlowin$ terms o~ his employment as Cit7 ~ o~ the City' of Setnstiam NOW THZKEFOI:LE in co~n o~ the mutual, covenants conlained herein, the C~t7 o~ ~ Fforida. a munici~ corporaffon, and Robert ~ Mc-~ ~ree ~ follow-c Muna~r o~ the C~t7 ~or ~n ~te term. subject to the ~ovisiorts of Article~ ~ or perm/fred ~ statute. C/t~ charter or ordinance. 1. Sa~,7 a. For the employ~nen~ ~riod of March 15. 19~, through D~emh;~ 31, 1989, McClaz7 shall receive a minimum b~se seda]~ c~ $39,500 l:ser b. For the emploFn.~.nt period of fanuar7 I, 19~0, and thereafter, McCIarF shall receive a l~ase salary, as cletemined ~ the City'. Council's lmd~t ~ocess and anF increase shall become effective on October 1 in conjunction ~ifl~ fl~e ~g o~ fl~ CRT.'s ~ a. The City aD.ms to 1~ an amount equal to sewn and one-half percent ('/.1/'~) of McClary's salar]r to ICMA.RC retirement plan. Ix The lmrties recognize and asree that the ICMA-RC retirement plan is in addition to normal employer, employe~ ~ social securl~ contributions. in ~ tnternauonal City IV~u~me~t Association (I~) anti the FIodda in other professional assoc.'ohs as maF be authorized from 4. Prof'e~onal Dev~oFment follc~n8 conf~eru:es:' 1) Annual ICMA conference. 2) Azmual City M~ent Conference held in Missouri eadx budget. Annual Florida Lm$ue of Cities conference;, and O~her training seminars and conferences as authorized by Page 3 Vehicle a. The Ci~ shall provide a pessen~r vehicle for McCIaty's 6. CommtmJt7 Servtce servi . .a. The City encourages McCiarr to participal~ ~ commtmitr ce ,org~amzatiotts such as Ro~T. International The Ci~ asrees to .per McClar/s dues and meals in one commtmih, ~,...,.~ ~.~ · .; -- · ! ,'~ · ~ u~ b, muza~OiL 7. Leave a. V~.iom McClar7. ~ be allowed the foLlowin~ vacation 1) For the period o~ March 15, I988, throush March ~4, ~98~, McCIary shall accrue vacation at the rate of one da~ v~ation leave for each one month s~'vice. 2) For the period of March 15, 19~j, and thereafter, ~ shall accrue vacation at the rate of one and one. half (1-1/2) clars vacation Zeave for each mon~ of service. vacation leave. b. Sick Leave l) McCZarr shall acc~e sick: leave et the seine fete es ~ 2) a crecUt at eighteen days ave on March 15, 1988. Said credit shall be eliminated on ],tilt 15' l~J, c. Com~ Tizne C~. a. McC2aT"shall receive reasonable time oe a~ ma7 be determined ~om time to time b~ the C~t7 Council a~ compensation for extended office hours and e~enin$ meetings. a. ::~bgtt7 Lea~e. a. McCIat7, shaft be provid~ ~~ leave a~ ma]~ be provided to other emploT, ee~ of ~he Citr. a. The Cit}, shall pa)r the hill cost on behalf of McClarlr, includin~ r*amil~, covera~, ~or the Cit,/'s group health insurance polk:},. b. The City shall pa7 the full cost on behalf of McCl~ for the Citl's ~ou? life insurance polic7. Relocation a. The City shall pay actual and necessar?, moving expenses for McClar~'s relocation to Sebastian from Brush, Colorato. 10. Reduction in Compensation a. The C.i~ shall not reduce McOar~'s compensation durinl~ his tenure without McCIar~'s prior written consent. 1. Provided McCIar~ is vrillin~ end able to perform the duties of: O~ Manaser, he ~all ~ 8uar~ieed a twenty, one and one-half (21-1/2) month contract from March II~, 1988, throush Decemlm-31. 1989. In the event this a~eement is terminated by' the City CouncU during this period of time McCIary' shall upon such termination of: this agreement, receive the Unlmid bedance of the salm7, retirement and insurance benefits as. specir:aed herein, plus accumulated vacation leave time. However, ~ shall receive no salar~r or other benetits as provided herein if the City Council shall terminate his employment for any' of the following reasons: a. Conviction of either the crime of roitm, lr or [he~ as the same are b. Conviction ~ an~' l'elon~'~ c. Incompetence or n~lect ~ duty' prov~ 1~ a pr~poncl~ran~ c~ evid~_nce at a hearinl~ providin~ due process ot law. 2. McCla~ shall not tm, mina~ tltis contract for tl~ h~entlr-om~ and one. half (2I-1/2} month period of March 1~. 19~8. throul~h 13ecember ~11, 1989, without the l~rior written consmt ol: the C.i~ Council. Page IV. Extension~ I. This agreement may be renewed for one ?'ear intervals by the Cit,/ Council and McCIar? at any time but in any event no later than twelve (12) months prior to the expiration date. or any renewal or extend~ one rear per~od thereafter. Zt is the ~tent of the parties to this agreement that this agreement shaU be effective for an initial, twentT.one and one-hail (21-I/2) month period as outlined above and may' be renewed for one 7ear periods thereaf~ at least one ~ in advance. 2. L~ the event the ~ Counctl does not renew or renegoUate this agreement for subse~ent one year terms, or in the event the City' Counc~ ~haLl terminate McC1aur during the term of this a~reement or any one 7ear extension thereof, McCIary shaU receive the sabuT, retirement and ~mrance benefits outl~ed above for the balance of the terzn of the contract or any renewal thereof, but in no event sha~l M~ receive more than twelve (I2) months C01:11~011. $"houJd McCIar? eject to terminate this aBreeme~t, the Ci~ ~s ~ of an? responsibilii? with respect to terminaUon benefits outlined above. ~, shouJd McOart fa'minate ~ agreement purnumt to ~ paragraph, he recei~ all normal and cusiomar? benefi~ as ot~z- terminming emploTe~. V.~ any and all claims, demands, suit~, ~ons or Froceedtn~ of any kind or nature arising out of the performance ~/~CIarr of his duties and responsibilities as 11~ ~ ~F, the C. ii? of~ has~ thi~ ~ent to he ex~ted by it~ Mayor and duJ¥ attested by it~ Cit7 Clerlt and Robert/5. McCIar7 has ~ OF SE~A~, H. ORR3A, a ' movember 20, 1992 ANN ROBINSON SUPERVISOR OF ELECTIONS 1840 25TH STREET, SUITE N-109 VERO .BEACH, FLORIDA 32960-3394 TELEPHONES: (407) 567-8187 or 567-8000 Mrs. Kay O'Halloran, City Clerk City of Sebastian P.O. Box 780127 Sebastian, FL 32978-0127 Dear Kay: Thank goodness the elections are finally over. To follow-up our telephone conversations in September and October, I am attaching a copy of the page of the City's proposed ordinance 0-92-21 with suggested changes in pencil. Also, please see my no~on page 3 of 0-92-19 pointing out that we require 90 days notice in order to hold a special election, and the expenses keep increasing. Since the City has an election each year, there may be a question as to whether or not the public wants to pay for a special election to replace a council member just for a few months. Enclosed is a copy of the expenses incurred from city elections in 199~ the City has several thousand more voters now. Sincerely, Ann Robinson Board to be composed of three (3) individuals; one (1) member shall be the City Clerk and the remaining two (2) members shall be appointed by the City Clerk. The City Clerk shall art as chairperson of the City Canvassing Board. (b) When a City Canvassing Board has been constituted, the City Canvassing Board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the City, at which time, the City Canvassing Board shall proceed to publicly canvass the. absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the Supervisor of Elections for Indian River County, Florida. The City Canvassing Board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file wiCh the City Clerk. (c) The City Council shall hold a special meeting on the first Monday following the election for the purpose of receiving the cemificate of the returns'~yth=~~--.-i=u=~=1=attcn for Indian River County, Florida, or the City Canvassing Board, as the case may be. The City Council shall then declare the results of the election and enter them in the minutes of - 4 - Section ~. That the existing Section 2.08 of the City Charter of the' City of Sebastian, Florida, is hereby amended by deleting existing Subsection (c) of said Section in its entirety and adding the following provision in lieu thereof: ~ [%/ ,~ ~% ,~Q~- "(c) Pillin~ vacancies. A vacancy in the office of such vacancy occurs more than one hundred eighty (180) election for the City. If such vacancy occurs within one h~dred eighty (180) days of ~e date of ~e ne~ general m~icipal election for ~e City, ~e City Co~cil shall appoint a person having ~e ~alifications of co.oil me.er to occupy such office for ~e reminder of unexpired term of the council office in which the vacancy exists." St_~9~_~. That the existing Section 2.12 of the City Charter of the City of Sebastian, Florida, i$ hereby amended by deleting existing Subsection (c) of said Section in its entirety and adding the following provision in lieu thereof: ".(=) voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes on -- 3 SUBJECT: Street Improvement Prog?am- Fiscal 1992,/$3 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE .(407) 589-5330 ri FAX (407) 589-5570 Approved for Submittal By: Dept. Origin ) Date Submitted ) For Agenda of 11-23-92 12-02-92 Exhibits: City Engineer Memo 11-23-92 and Street Improvement Spread sheet, Empire Test Reports Gallentine Sub Plat Map F~ENDITURE AMOUNT APPROPRIATION REQUIRED: $280,500. BUDGETED: $282,000 REQUIRED: The Street Improvement Program for fiscal year 1992/93 will be constructed by Dickerson Paving which is Indian River County's Paving Contractor listed under the Commodities Contracts. The City will be paying for asphalt to be spread in place at $29.95 per ton. Staff proposes improvements as identified on the Street Improvement priority list. Pursuant to City Code Section 2-64(j). "The City council may waive or modify the bidding procedure on specific contracts for good cause". It is anticipated that adequate funds will become available during the Fiscal year for street improvements listed 1 thru 10 in the County Option Gas Tax Fund. The City would not engage in any improvement activity until there were adequate funds for each project. Should funds become available for additional street improvements then staff would return to City Council for their approval. Move tc approve proposed Street imp_cve,~en~ Program Fiscal ~ ...... , and grant a waiver cf ncr:hal bidding _- ........... tO ....... .... ~_.~_.~ ~.wr_~r~,o:.~:-'-- - ' ....... r~=~r,,.~= .~:'~-- the -"~'~. ~iver City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: November 23, 1992 TO: Mayor and City Council T~u[ROUGH: Robert S. McClary City Manager .(~ FROM: Daniel C. Eckis, P.E City Engineer/Public Works Director RE: Street Improvement Program Fiscal Year 92/93 I have prepared a list of proposed street improvements within the City limits of Sebastian to be scheduled for Fiscal Year 92/93. Anticipated budget amount for street improvements should be approximately $282,000 depending upon revenues received from the county option gas tax funch A brief explanation of the street improvements are as follows: 1) Barber Street - This was originally approved under the 91/92 budget for $47,000. However, due to problems in the field the funding for this project will be paid for from funds from this current fiscal year. 2) Temple Avenue - Attached is a copy of the soil test report prepared by Empire Engineering which shows a layer of muck and peat approximately four feet below the existing roadway surfaces. The report recommends," to properly rebuild the road that the layer of deleterious material should be completly excavated extending three feet beyond the edge of pavement." The cost of this excavation and filling would be approximately $34,000. Because of the numerous drainage complaints, a field study investigation was done by this office to determine the existing ~ondl~,on of the drainage pipes and outfall. We were able to determine that al! the drainage pipes were inadequate ~o hamd!e the stormwater rtmoff from the subdivision. ~n. erefore, as part of this project, once the peat and muck layer, have been removed, the existing storm sewer pipes shall be replaced with new concrete pipe of the proper size. Tcta: ...... t to '~"~":~ Temple Avenue ~o approximately $81,000. Calamondin Street is the c,ontinuation of Temple Avenue. We have determined that this is part of the ~a..e~.~u~e Subdivision r-ecor~ed in ~gv~ The including anticipated muck layer., is approximately $15,000. 4) Wave S~reet - The construction of 24 feet of pavement approximately 480 feet long including grading, stabilized subgrade, base, asphalt wearing surface, and drainage, would be approximately $23,000. 5) Melrose Lane - It is anticipated that the overlay of this street to Carnation would provide a desirable alternate route to Units 6 and 8. The cost for this street improvement includeg the removal and replacement of drainage structures. The remaining portion from Carnation to Tulip could be completed during the year. Concha Drive West from Periwin]de to Laconia Street. This is the last portion of Concha Drive that has not been over!ayed. ~2nerefore, this overlay would complete the street. 7) The Fleming Street Bridge- An estimate was determined for the construction of the new guardrai!, retaining wall, sidewalk, and FDOT's punch list for this bridge. Staff realizes that there are 5 bridges that require some modest repair and that all of our bridges are still rated at their full design capacity. If the City is able to do one bridge per year, we would be caught up within an acceptable time frame. 8) Sidewalk improvement - Staff is proposing that sidewaY_ks be constructed this fiscal year commencing at C1R512 then north on FelmLug Street to Oa3: Avenue. ?he path would continue on Oak from Fleming east to Easy Lake ParP_ Another section would be built on Easy Street begining at Hibiscus and continuing north on Easy to the intersection of Main Street. Total cost for the expediture for the above street improvements would be approximately $280, 500.."i~e budgeted amo~nt available is $282,000.~ is the desire of ~=~=~ to complete as ma.ny street improvements during the Fiscal year as possible. It is uncertain what the fullex~,e~ of the excavation would be for Temple Avenue and Calamondin Street. ~.erefcre, the worse case senaric was used tc develop that cost. !t would be cur ~ .... ~,~-- * =~,~,~,~ ~-- ~,~ .... ~ne s~reets_. ;~ unit _ ~ ~. ~ the following ,~de~-~.. . ~. Picassc Street, Horizon Terrace, D~_xie Terrace, Ocea~.~ Cove e~nd Clearbrook ~ ~ ' ~ou~h e~nd Caravan Terrace.,~,~ is our Lntention that street improvement projects will be scheduled as funds become available. The proposed overlay of al! streets a~nd al! sphalt work will be provided by Dickerson Paving Company as the City would obtain the same unit prices that the County received on the commodities contract. Al! other work associated with the construction costs of streets ~d drainage improvements shall be advertised for bid throug~h the City's bidding process. stimpS2.doc EMPIRE ENGINEERING & TESTING INC. 50 Filth Court P.O, Box 776 Veto Beach, Florida 32962 Veto Beach. Florida 32961 September 28, 1992 City of Sebastian p.o. Box 780127 Sebastian, Florida Attention: Dan Eckis Reference: Temple Avenue As you requested, an investigation was performed to determine the reason for the failure of the road known as Temple Avenue Six Standard Penetration Test borings were perfomred at various locations along Temple Avenue to depths of 8 to 10 feet below top of pavement. EHGINEERING EVALUATIOH Boring numbers 2 through 6 indicate a seam of peat and peat mixed with muck approximately 3 to 4 feet below the top of pavement. This layer is very weak and compressible. The traffic and weight of overburden has caused this layer to compress, causing the failure in the roadway. The base material appears only to be fine sand with shell fragments, which does meet today's specifications for road base material. The asphalt thickness ranged from 1 1/2" to RECOHHENDATIONS In order to properly rebuild the road the layer of deleterious material (peat and muck) should be completely excavated from within the limits of the asphalt surface and extending three feet beyond. After the excavation has been completed and inspected, the exposed surface should be uniformly compacted to achieve a minimum density of 95% Maximum Density Modified Proctor for a depth of 2 feet. The excavation may then be brought to the desired grade backfilling in loose lifts not exceeding 12 inches in thickness and compacted to 95% Maximum Density Modified VERO BEACH (407) 569-0153 FaX (407) 569-8408 ST. LUCIE (407) 337-791: MELBOURNE (407) 676-995; Temple Avenue Sebastian, Florida September 28, 1992 Proctor. The excavated overburden of gray sand may be re-used as backfill material as long as it is properly segregated during the excavation procedure. With the site prepared as recommended, a conventional road section may be used to construct the new roadway. We recommend that the site preparations, filling and compaction operations be inspected by EMPIRE ENGINEERING & TESTING, INC., to ensure compliance with design recommendations, and to confirm the subsoil condition on which the recommendations were made. If you need further clarification or have any questions regarding this matter, please call our office. Respectfully, EMPIRE ENGINEERING & TESTING, INC. Consulting Engineer Project Coordinator Page 2 EMPIRE ENGINEERING & TESTING INC. Descriptic, n c,f Sc, il St~ ata l)ept h ~1 ,:,ws SI':"¥--H E1 ev blat (-_-r In Feet /6" Value From-To Table Pavement 0 ....6" Fine Brown Sand 10 30 6"-'2' w/She]! Fragments 15 15 Gray Sand Medium 4 3 4 5 11 5 Dar lc Br',,~,,,.,n Sand w/ Organi,-s --7-- Tan Sand Medium 3 3 '7 7 ' -8 ' 5 5 5 10 8 ' - 1 () ' Ter(nir)atm. d @ i0' I'),,~ t e: 9 ,, ....... '" l.~,"',F'il)l.~l ~J l~ Temple Ave~ue, 25' West Valencia (in hole) .;,.,1~ fi 92820 EMPIRE ENGINEERING & TESTING INC. Description c,f Sc, il Strata Depth Bi ow..=. ..~r-T.-N E1 ev W~ter in Feet 16" Value F r c,m.,-'T'co Table F'a yemen t -0- ¢]" -2" 10 24 ~'-"" -'"'~ ' 10 Fine Bro~n Sand ,.., ,' SI ~::. / ! -t-'- Gr ay Sand f-ledium F' ,~.at Tan Sand 1 5 2' -3' ................. 3 ................ 1 ............................................ '-- 4 3' -4' 3 7 4 ' -8' 3 4 5 3 7 :3 -84" - 4 'l'ar'~ Sand MedJ, um 4 9 8'"-1()~ 4 Tc-rminated · lC)' Date: 9/28/'B2 Bori;Ig 4t 2, Temp].e ,J,:,h ~t 9'2820 A,/enue, lC)O' W. Valencia St. interse,ztic, r~, j.n hole EMPIRE ENGINEERING & TESTING INC. l')e:s,:r ipt i,:,~ ,:,f Sc, il Strata Depth B1 c, ws SF'T'-N E1 ev In Feet /6" Value Fr,:,m'-.'T,:, Wa t er Table Pavmmen t -0- fine Brown Sand w/Shell Fragments -1- 7 7 7 ~Sray Sand Hmdi. um 3 6 2'-3' Brc, wr~ Sand :.J/Trace Peat 2 3'-4' Tan Sand Mediu~n 5 10 4' .... 10' -5- 5 5 5 5 5 1 () -- 1 0-- Terminated (~ Date: 9/28/92 125' W Valen,:ia St Boring # 3, T~.mple Aver~ue, · - Job # 92820 EMPIRE ENGINEERING & TESTING INC. Descriptic'n c,f Sc, il F'avemen t Strata l)ep t i ~ B l ,:,ws SPT-.f.I E 1 ev Ha t (er In Feet /6" Value Fr c,m --lo Table 10 ............... 2o ........................................ Fine Brown Sand 10 6 ..... w/Sh~?ll Fragments --1 .... 10 Gray Sa~d Medium 3 7 2'-3' -] r"eat & Hu,:l:' 4 3~-4' 'l',:,~l Sand r,led Jum 4 8 4 4 4 9 5 4 4 ' - 10 ' Terminated ¢_, tO' Date: 9128192 Bc, ring ~t 4, Temple Avenue, 1()0' W. Valencia St. ,f c,b ff 9:2:87:0 intersect ic, n, in h,:,! e EMPIRE ENGINEERING & TESTING INC. Strata l)~_~p t h B1 ,:,w;s SF'T.-rl El ev W.at eer Des(iripti,:,n ,:,J Sc, il In Feet /6" Value Fr,:,m-'To ]'able ........................................ = ...................................................... :~-~ ......................... F" i ~ Bt' own E;,~nd 10 1 i3 6 ....2' 9 Peat ~.: Hu,:l:: 2 3'-4' lan Stand Medi 4 5 4 4 8 4' -10' 8 East K i n g Str'eet EMPIRE ENGINEERING & TESTING INC. Strata D~r', t h FI 1 ,:,ws SPr- H E ] (~'.' t. Jat er D,:,,~:,:~ ipl' :i,:,f, c,I S,':,.i 1 Tf~ Feet /6" Valise r:'rom-Tc, 'Table I'" a ',,'ome~ ~ ~ (:)"' (~" ...................................................................................... D ......................... 2 0 .................................................................. ,,.,/~hel ] ~r~mer')k~, .... ]'- ................................................................ 7 ....................... ~ .............................. 5 ..................................................................... Gray Sand Medium 3 2'-3' Peat & Ph.,,:k 3'-~' .............................................................. 1 ....................... 5 ........................ 8 .............................................. Tan Sand Medium 4 4'-10' -5- 4 5 5 ,1 0 k Terminated @ 10' Date: 'B,'28/92 Boring 45 6, Temple Job ~ 92820 AvenuP_, I n t er se,: t i on 'Temple & Tangelo EMPIRE ENGINEERING & TESTING INC. City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT= REQUEST FROM ENVIRONMENTAL LEARNING CENTER Approved For Submittal By= City Manager ) ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Development Date Submitted: For Agenda Of, Exhibits~ l. 2. ~,/24/92 ~2/92,/92 Letter dated 11/24/92 from Holly Dill Application for Buy-A-Plank or Pillar EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED, SUMM~RY ~ATEMEN,T Holly Dill of the Environmental Learning Center has suggested that the City o£ Sebastian participate in the "Buy-A-Plank' for the proposed improvements at the Environmental Learning Center. RECOMMENDED ACTION Review the proposed request from the Environmental Learning Center. Option 2 ~ arne vdl he placed on lhe WE NEED ¥0UR ADOPT-A-TREE ELC's ~an,:~s,.:ap,: da, ,.,,t,i,:h HELP OR SHRUB win be permanently on The ELC will be landscaped display. . Opt:---_ tuu. i.' with an extensive array of I , BUY-A-PLANK OR trees and shrubs. ,° If you are thinking PILLAR For your donation, , ci year ahead, sow seed. of rive pavilions. Connect- ~'~~O~~- -.-,~,~ '" . . ~.'.~ ~-"'~, I ten veclrs c~hec'r't ~ng mose pavilions will nc '~".~ . , . '* ~ ':' ~ [ - ' ' ,,,,, ,, ,,,,..,,, lha'-A-l'i ,r [,,''3('0 ~ ~3 : BUY-A-PMNK OR Plier ~ ADOPT-A-TREE OR SHRUB J Your adopdon wiff hdp pay ~or the installation ~ tha~ ~ret o~ ~I w3nt to buy a pa~ of the ~LC ~a~wai~ and have a 5maH E sh~b on the stye of the ~LC. The Followin~ name will pique placed on it in the name o~: ~ on the land.ape plan which will be pe~anemly on disphv: ~ ~e a~ ~i nam~ only. No ~nonai m~g~. i ~s am~ and ~onal nam~ anl~. No ~nonal me~agrs. ' ~ ~ Gumbo l.imho $I~ ~ Saw Palmetto ~0 ~ Buy-a-plank $100 ~ , ~ [.iveOak Sl7~ ~ Seag~pe S25 ~ Buy-a-pillar S500 ~ : ~ WaxM~tle $125 ~ Yaupon Holly S15 i ~ ~ Cab~gePalm Sl00 ~ Wild Coffee SI0 Name .... · ~ ~ , ' .... ~~ -~~~ I Name~~ aaar~ ~ I ' ~ ......... ' ~ ....... I Address ............. C~y .......... i ci,~ ......... '. ~~, i State ....... Zip-~~ I stale_~ ........ Zip Please make your check payable to: Environmental Learning Center 255 Live Oak Drive Vero Beach, Florida 32963 As prnv~ded by law, gilts Io the Environmemal Learning Center arc mx deducubh:. Federal ID# 65-0064129. For further informaunn, call (4073~8g-~0~0, ENVIRONMENTAL i, f~. & g N I N t~ t, 1' N T V R Job, I). t)r~tm. Jr. .~ndm R, Kalde Mor~rel c.. November 24, 1992 City Council Members City of Sebastian Sebastian, FL 32958 Dear Mayor and Council It is with great appreciation that Z am writing to thank you for your involvement in the Environmental Learning Center's Grand Opening on November 14th. What a show of unity to have a representative from each of the local governmental bodies conducting our ribbon cutting to symbolize the opening of the ELC. We have had great success An one of our programs which I thought you might want to consider. Some of you might have noticed our BUy-A-Plank program while you were out visiting the ELC during the opening. For $100, a plank in the boardwalk can be purchased and the name of the purchaser placed on it. Perhaps you would like to have the City of Sebast£an's name on a plank? ELC. Araz' Z thank / MOsby, you for your part in the opening of the -'to ~NRIC:II LII~,,-AI.L LIF~--IN OUR COMMUNI'I'¥" Ltv. ~^K D~lw~ V(~RO BeaCH Ft. oelf)^ 329a3 +0?..~8O,'~OSO ~,^x 407.~8ca.771} City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: MEMBERSHIP RENEWALS FOR THE PLANNING & ZONING COMMISSION Approved For Submittal City Manager ~/~ Agenda Number: Dept. Origin, Communltv Development Date Submitted: For Agenda Of, Exhibits: 1. 2. [1/2~,/,~2 [2/02/92 Twelve (12) applications Memo dated 11/20/92 from P & Z EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED~ SUMMARY STATEMENT The Planning and Zoning Commission at their regular meeting on November 19. 1992 made the following recommendations with regard to membership renewals. The motion was made as follows, After reviewing twelve applications of individuals desiring to serve on the Planning and Zoning Commission and going through our procedures of nomina~ing individuals for each position on the Commission to be filled, we the P a Z recommend to the Sebastian City Council that the following persons be appointed to the P & Z for three year terms ending as noted for each position, Regular Member - Arthur F±rtlon term ending December 1995 1st Alternate Member - Carl Fischer term ending November 1995 2nd Alternate Member - Howard Goldstein term ending January 1996 Ail of the above individuals are now serving unexpired terms on the Commission and have submitted let=ers requesting consideration to be reappointed. RECOMMEND ACTION Review all applicants for appointment to the Planning & Zoning Commission. City of Sebastian POST OFFICE BOX 7'80127 I] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589.-5570 DATE: November 20~ 1992 TO: Mayor and City Council FROM: RE: F'lanning and Zoning Commission4~f. Membership ~enewa'ts The Planning and Zoning Commission at 'their regular meeting on November I9, 1.~92 made the following recommendations with regard to membership renewals. The motion was made as +o]lows: After reviewing twelve applications of individuals desiring to serve on 'the Planning and Zoning Commission and ~oing th~ou~h ~um p~ocedum~s ~+ nominating individuals +~ ~ach position on the commission to be filled, we the F' 3~ Z ~ecommend to the Sebastian City Council that the f,~l!owing persons be aDoointed to 'the ? & Z ~or three year Ee~-,'ns end!n~ as noted +or each ~osition: ~egu!ar Member - Arthur Firtion term ending; December !995 ls't Alternate Member - Carl Fischer term ending November 1995 2nd alternate Member - Howard Goldstein term ending .Jan 1996 All of the above individuals are now serving unexpired 'terms on the commission and have submitted letters requesting consideration '~o be reappointed, Copy of leters are attached. LK; ! k November 18, 1992 City of Sebastian Planning and Zoning Commission 1225 Main Street Sebastian, F1 32958 RE: Term appointment Dear Commissioners: I have recently b~en advised that my term is expiring in January 1993 and am hereby requesting reappointment to the board for another three year term. Please use the application on file with the City. I would appreciate your action on this matter at the November 20th meeting even though, I cannot be present. I am currently out of town at a seminar~and request an excused absence. Thank you fo~ 'your consideration in this matter. Sincerely, Howard Goldstein, Esq. HG .. lk TO $~V~ ON A~P~cAT~ON __ 2. 4. 6. ?. 8. g. NAME: Howard Gol.~S..be.in, Esq,.. HOME ADDRESSt 425 sesg~a~$ HOHE TELEPHONEr BUSINESSt fn~oMo~lo.~ ~nc, ' ' ~US~NESS TEL~PgOH~t~ juri~ Docbo~ cum ~3. Do you *COO~ ~NFORC~ 90ARD *CONST~U~0N ~oAR~ PARKS ~ R~CR~AT:O~ HA~fCA~P~D CO~ITT~ 16. What qUaliff~iOh~ ~ F°o have ~o ga~ on ~hi~ board? PLease see exhibit 2 a~acheent - 0 v E R - ptease see ~ exhibit 2 ne(~) ~ou selected above~ ~e~ which bhi~ appl~eab~on ~ made. Further, reqU~,ted in thi~ ap~lfcation i~ caul0 suspend o~ r~move ~ro~ o~oe ~n~ muflicipa~ board ~b~ duties. ~urbhev, Z u.de~d ~ha~ ~hO ci~ CO~R~ aa~ indica~ed or inEo~Od aqainab ~oe ~he co~ia~io~ O~ ~ fOlo~ or misdemeanor. .. \ws-form\board.app Xowatd t3oldstetfl~ F3q. 425 Seagrass Avenue / Sebastian, Florida 329:~8-4945 / (407) 589-7966 RESUME, ulxlated 28 May 1992 Education o - B.S. Business Administration with Honor, Computers/Data processing ¢o.centratton, Florida Institute of Technology (Au$ 88) o- Jurls Do.c. torr, ll. ttl. lai~t Stetson University .college of La~ (Dee 92)I eeclple, at. ~f A.mJur aW.~', Ftrst,pla~e: F. test~mall Mo~t ~outt(om at~uments)s L~w fill/II1 itletll ~eltOlat- sh~ps; listed m W~o ~ W~O ,4~ton~ A~trlctta Lfl~ $111de~$. Professional A~$octdt~On o - Member: The Florida Bat, the American Bat Association. Employment History {u lnf0Motlo, inc., 1991) - Au~ 86 to Self employ~ (lneorp?rated Nature of pos,tiofl: $ofl~arn development Responsibiltt!.es: D.?l~n {tad leulementntlen et d,,ltnt:omm sysiem~ hardware nad More specifically, network destlle~.l'e~l time opetatl,~ ~yste,t de~lla~ arid ~eeute datacommlDSP/di$ital vtde~ ~d tleslmlle techalqOe{. Harris Corporation / SatComlguslness Communications Systems Division / Melbourne FL 32901 Feb 86 to Jul 86 (temp~fll.t7 l~Slt[O#) Nature of position: Sol. are desl~n/pmtttttlmlfl~: es fls,b,lities' Worked extensively or the definition a~d deat~n of ~ p~upfle _b!l*y link R ~ ' ' · 'ed trion{ u[da~ link ~oR~e for rot~l for Ku-b~d satellite tet~ln~ Ilflk~, p~o~mm .~ ......... ~arns ~ Private Acces~ communi~flofl~ ~lfl~ network (PA~Mt}~ ~euu~ p~tot~ ~c~n Amateur Packet Radio, i,e. / ~c~0,. AZ ~734 Aug 83 to M~ 85 Nature of ~siHun: $o~ d~iE./p~mlng ~bilities' Sole d~l~n ~d tm lemen~flon ~nsibill~ .for ~h~M eh~net AX.25 modem, me tRrR l~[mm~ t~ ~ x- ed TNC-2 with the Shuttle Amateur Radio Et~ment II and development of enhanu software for on-orbit use. Software Engineering ~nd M~asement. inc. / Melbourne FL 32901 Aug 82 to Aug 83 Nature of position: Soft--ate desil~fllpmsramming Responsibilities:. De. sign a?,d. progt, am accounting system compliant with State of Fiotlda Accounting Slandard Board s reqmtementS. Howard Ooldstein / Appllcatlon for Pl~rfifl~ & Zonlnl~ Bo~d ~hlblt 2 .~t~temettt ot' Qunllflc~tions Academic: Ired education Iff Plottd~ law at a Plottd~ l~w sehool~ ~hlle In ~dditlon to ~ ~e,er~ ................ · ~,-~~ sch~l ~ ~ iaflfllfl ~d to~lO 6Uth0Htleg, lates to the ofl~ d ~ofld~ ~,u res~ch, which c~e~ j~HHie~ ~s le,M d mnes con dln religious u~, ex~ !o nin~ =d ~omn: ~thoS~ by I~ l~ment, my be helpful to t: PersonM Ex.hence: .... ' · ..... ~ -~' ~d mtd~ ~t~ifl ~ OBe atten ~ 0~ ~d~ Iff P~m Prior to din I~ ~i, t o~m p ment to the No~h ~ofl. ~ Pl~ ~d ~i~S of life In l ouc ~mmum~ .u, -. -,~ dtssimH~ from the ~eb,fl~ . ~u~ the CI~ es l=rge =~s develo~ b~ UDC~ my IIf~ e,~fleflce In the now ~toblemntte subdivision ennbl~ me to b~,~ to ~e ~ [ vte~t,t thnt ~tll be H,ely nt~,~ · [Votdi,~ the ~me problems now n~lc~flg PM~ ~y. Commitment to the Community: . le, I've donated Ume ~d resources for the public lj~fletlt. Pot Whenever pos.sib . _ ...... ,,..~,,.. ,,~r n,.,,~,a r"lvtlD~fetlge RACE$ (tt~tdio pie, while a Brevard resident; I..w.a..s.~a..m.c,..,~,,.~'-~'ih~'~in During my brief ~ttnt mateur Clvd Emergeticy :serv~l =u ~,, .,.,.-.. t, .... r--~- · A '. .... · ..... - -,.-..s.et of county Civil DefenSe RACES and w~ On-call Pinellas County, tnere too t was ~ ,,,,;,,,,, ., for emergency communlcatlon~ dutte~. a mtdent o{ tile Cl.ty of Seb~tl.~ for but ~t relatively Althou h t have bee, it m tm~csflt borne, · · ' ti baelc to m commumt)', .,,u u..., therefore wish to ~lve someth~ g . . ~ . . _ . .... [. . ___, ..,__:... n.~.. w uld be the most emcient use of my ~now~s= vi;inning ;I.nu /_,un,ns L,.,,~d 0 November 9, 1992 TO THE PLANNING AND ZONING COMMISSION: The unexpired term which I filled is about to expire and I would like to be reconsidered for another three year term. My application is attached. Thank you for your consideration in this matter. Sincerely, Arthur L. Firtion AME: APPLICATION T__q SERVE 9N CXT? ARTHUR L. FIRTION HOME ADDRE~S! HONE TELEPEONE: 407-J88-§885 SUSINESS: CONSTRUCTtON..SE~?IC~S, 6. 7. 8. g. SUS~N~SS 0~,.~-~,.z-z~,,4 VICE~P{ES~DENT OF OpE{~TIONS FOR TWO OF THE ~AJOR,, CONT,~.A~,,~ ~N (u~e 'add~10nai'''nfiee~d 't~ n~eedd~ or"d~t~ ~e~"~ d~i~i~) 10. 11. 12. 13. 14. 15. Length o~ Re$idenc~ PLEASE CHECK THE 90~D(g) ~OO ARE INtErESTED X~ ~E~VXNG ON~ *CONSTRU~XON ~OA~D ~ PARKS ~ ~KC~AT~ON HA~XCA~PED ~XTTEE ~ 16. Wha~ qualif~ca~f°~s dO ~0~ h~v~ ~O ~e~e o~ ~hi~ board~ EXPERIENCE IN pROJECT PLANNING THROUGH OUT THE UNITED STATES. REASONING POWER, St~C~I~P ~ONESTY. - . O Vt E R .' ~.~e~7 you ever been convicted of any felony or any ~: 'm~sd inet involving moral turpitude in thi~ or any 18. Would you consider serving on another goard other than the one(s) you selected above? YeS X No __ I hereby certify that I ak gueliffed to hold the ~o~ition ~or removal. X understand that the cit~ Council o~ the City indto&~d or in~o~ed a~aineb ~or %he eo~i~io~ misdemeanor. Appl~6an~ 5ignatu ~g ?~, b~ ~//t~ ~. /~"/WT-/J~' , who i~ p~d~na~ ~now- to n~ or ~d a~ (SgAh) Nane of Noatry, Printed or Typed) \ws-~orm\board.apP Commission No. November 10, 1992 Mrs. Linda Kinchen Planning & Zoning City of Sebastian Dear Mrs. Kinchen: Please accept this letter as a formal request for reappointment on the Planning and Zoning Board for an additional term. I understand that my term will expire in December of this year. Please use the application I have on file. Your kind consideration regarding this matter is greatly appreciated. $incerely,~ Carl Fischer . 4. 5. 6. 7. 8. CITY 0£ S~BAS?~AN APPLICATION TO SERVE ON CITY BOARD HOME ADDR~.S~ ! HOME TELEPHON£ ! ,5 P ~;--./~; 3Z C~'c It Voter =egi=tra~ion Are you a re=id~n~ DE Length DE 10. 11. 12. 15. 14. (Please number in order o~ pte~eranee #i~h ~ite~ ehoice being *BOARD OF ADJUS~q~N? CEHETERT COI~aiTTEE *CODE ENFORCEMENT ~OARD ~CONSTRUCTION BOARD *PLANNIN~ A}~D ZONIN~ HANDICAPPED COMMITTE~ "1") 16. what quali£ica%iO~§ aD yOU have. ~o serve on %h£~ boa=a? - o v E R - misdemeanor involving moral tur~itude in ~hi~ o~ ~nF~%~ I .... ~. .... -ieltion ig ~ad{. ~urther, i herab~ ~uthoriZ{ the understand that an~ mi,ta~r{e{n~atiun o ........ requested in thio application ie clue{ ~o~ di§qualif£clc~on or removal. suspend or remove incompetence, misdemeanor. I hereby authorize ~he active warran~ chec~ Appl~an~ si~atu~e ~s/~e perac~911?Rn°wn %0 -~ ag identi~icl~ion. \we-£orm\application 2 . 4. §. 6. 7. 8. NAME: HOME ADDRESS~ HOME TELEPHONE~ SOCIAL SECURITY ORIVERS ~ICENS~ -iD*o's i-Ious 5Dq- 10. 11. 12.. 13. 14. 15. Do you hold (Please number in order o~ pre~erenc~ with ~r~% choice being *BOARD OF ADJUSTMENT CEMETER? COMMITTEE *CODE ENFORCEMENT ~OARD ,cONsTRUC-['ION BOARD *PLANNING AND ~ONING HANDiCAPPED.0GM~ITT~ What qualifications do '17;.;~ Have. you ~ver b~ ~oRvio~d O~ ~ny felony one(s) you selected above? Ye~ __ I hereby certify that I am qualLfied to hold the position for which this application iS made. Further, z hereby aufho~i~a fha city of Sebastian to investigate the truth£ulnesa o~ all information which I have'p~o~ided in' this application, i .. r~moval. z understand that the Cfr? Council o~ the ci~ o~ SEBASTIAN may suspend or ramovs',f~om o~fiee a~ municipal boa~d mamba~ ~0~ malfeasance, misfeasance, neglected,duty, habitual d~Re~n~§, incompetence, orXper~enen~ inability to pa~o~hi~ o~itcial duties. ~urther, I understand that the city council may suspend indicated o~ in~or~ed egatns~ for th~ oohunisSio~ o~ a~? £elon? b~ misdemeanor ..... I hereby authorize the Sebastian police bepartae~ td ~un an active warrant check on me. Appi~h~ Signature Subs~ribed~n~ sworn_iq ~O~,~Me this .. ~ommieai~- ~o, \ws-form\applica%ion CITY OF Sr-~ASTIAR APPLiCATiON TO ~ERVE ON CITY BOARD 3. 4. 5. 6. 7. 8. 9. HOME T£f. EP~O~E'- ~o-~ ~ ~Ce~ ..... 10. vo~er regig~ra~io~ ~6. ~ 12. Length 13. Do you hold i4. Do ~oU ~ez~,e on *GOARD C~ETERT ~XTTEE *CODE ENFORC~NT BOARD *CONSTRU~ZO" SOARS *PLANNING ~NDICAPPED CO~ITTEE 16. What - 0 V misdemeanor involving moral ~rpitude in thin or any Yes No which ~hi~ application i~ made~ ~u~ther, I he~b~ authorize the city of Sebastian to inve~tigata.~h~ truth~ulneaa ~ all ' information which ~ have p~ovid~d in ~hia applica~ion. I understand that any miar~praa~ntation or omission of info~itio~ requested in thi~ application ia cause for di~quali~icatio~ o~ removal. I understand that the Ci~T council of ~he city o~ ~uspend or remove from o~£ice ~n~ municipal Board membe~ malfeasance, mis~easance, neglected dot-F, habi%ual incompetence, or pe~anen~ inabili~ ~o p~o~ hi~ duties. Further, ~ un~era~and ~ha, ~he ci~ c~eil an~ municipal ~ard member w~ i~ arre~e~ ~or a ~lon~ or ~or a misdemeanor rela~ed ~o ~he du~ten o~ hie o~ic$ or who indicated or info.ed a~aina~ ~or ~he co~i~$ion o~ ant iOlon~ or misdemeanor. hereby aubhOrize She ~ebaa.~iaiv. ~~Oepar~menk %0 rUn an A~nt Signature STATE OF FLORIDA COUNTY OF IND~'A~ \ws-form\applic~tion PPLfCATi0N ~-"SERVE ON CITY ~oAI~ (, 7. 9. soczx,. ~¢nt~, m,.mgft:../¢ j-- 2:2.- ;2, ¢ 2 ~ ............. 10. i~. mecesei~ or iubmie ~eaume i~ ava~ab].~) voter regis~ra%fon no. .~5~/~o Are you a resid~m5 o~ 5h~ City? Length of ~esidenc~ ~e~/No 13. Do you ho18 a public 14. Do you serve on a city Board a% present? TOO_._Ns/ 16. *SOARS OF ADJUSTMENT CEMETERF COMMITTEE *coo~ £NFO~C~Mg~ 9oA~J~ *CONSTRUCTION BOARD .-. *pLANNING AN~ ZONING/ HANDICAPPED CO~ITTEE What qualificatioma do you hav~ to serve on thia board? - 0 ~ E R - ~£sdemeanor involving mo~al %u~pi~ude in %his o~ any a~ate? Yeo No ~ hereby certify ~ha~ Z am qUail{lad ~o hold which this ap~lic&~io~ i~ made. ~ur~her, z ha~ab~ au~horima ¢it~ of sebastian ~o inva~iga~e ~he ~ru~h~lne~m o~ all information ~hich ! have p~oviSad in ~hi~ ap~lica~ion. understand ~ha~ an~ mi~ep~eoe.~a~ion or om~io, o~ in~ot~a~io~ requested in thi~ application i~ cau,e ~or diOquali~icl~io~ removal. I understand %ha% %he city council o~ %he ci~ o~ ~BA~TZ~ Say suspend or remove malfeasance, misfeasance, neglected duty, habiL-~l incompetence, or pe~aflefl~ inabili~ misdemeanor rela~od indicated or info.ed againS~ ~or ~he co~iS~io~ o~ ~Y ~OlO~Y or misdemeanor. I hereby au~horize active warran~ chec~ on STATE OF FLORIDA COUNTY OF INDIA~ \we-form\application (~ame o{ Noka~, P~.in~ed o~ ~p6d) 2 . 3. 4. HOME TELEPHONer BUSINESS! BUSINESS ADDRESSt - 7. 8. 9. RESUME OF EDUCATION ~ about gO g/H'e me~kaei.g/=am~u%ee Lance - reb~red USN cpa ~pereannel managed pereanne//gen~r~L edmini~br~eian Senior Ma~aaame.b Aneiye~ [=/v[ita.)~- U~N~_ Pt~Pertt~ mudiba Cove, Are you a reaide.~ o~ fha cf~r? Length of Reeidenc~ aa ~ou hold a pubii~ 14. Do you sez~e on a ClipBoard a~ (p~ease n~bar iff otdl~ O~ · CONSTR~ZON BOARD HA~ICAPPED 16. What gualt~fet~io~ ~0 ~eU hive " -' 0 v ~ 10. 11. 12. 13. nd executed 17. ~ve you ever be~n conviCt~d oE &n¥ Eelony or any misdemeanor involving moral turpitud~ in %his or any ~ta%a? city of sebastian'to inveabi~a~a ~he t~th£~lna~ ~ all in~o~atiom which I have ~o~iaed i~ %hi~ applica~ioh, .~ understand that any miarepreaantation or ~mt~sio~ of i~fo~ation removal. ~ understand that the Ci~ Cottncil o~ the Ci~ o{ S~AS?I.~R may malfeasance, mt~fea~e~, n~l~c%~d du~, habi~Sl ~~~, incom~eb~nce, o~ pe~a.ene i~a~ili~ ~o per~o~ ht~ duties. ~u~h~, ~ ~e~a.d ~hae ~he ci~ co~il ma? misdemeanor relaeed ~o ~he ~u~iee .i hie o~i~ o~ ~h~ i~ indica~ed or in~o~d a~aina~ ~or ~he oo~i~nion o~ a~y ~lony or misdemeanor. active STATE OF FLORIDA \w~-for~\application ~ Co~mtS~ion Expires: 2 CITY OF SEBASTIAN APPbfCATfON TO SERVE ON CITY BUSINESS ADDRESS! t~. ~r~ ~ou bengLh ao ~oU hold uo ~ou ~e~e on *COO~ ENFORC~E~ ~OARD *CONSTRU~ION ~oAR~ PARKS *PLYING ~ANO~CAPPE~ CO~ITTEE - O V E R - ?aa ,,L No. . one(z) you selected &boyS? ~e~ .., No ~ removal. misdemeanor. z herebr aubhorize the Sebas%lan Police ac~ve warr~e e~eeR Off ~e.. ~ ( sEAr. ) :~ of Nene of Noe~r~C, Print commission No. or T~ \ws-form\board.ap~ . BUSfNESS ADDRE~t BUSINESS TELEPHONEr 10. 11. 12. 13. 14. 15. Are you a re,iaene et ~he ci~ ?6~t// No , PLEASE CHECK THE BOaRD(S) TOU ARE INTERESTED EN SERVING ONt *BOARD OF ADJUSTMENT. CEMETERT COMMITTEE *CODE ENFORC~4ENT BOARD*CONSTRUCTION BOARD PARKS AND REcReATION *PLANNING AN~ ZONiN~ HANDICAPPED COMMITTEE what qual£ffcabfon~ do you h&v% bo ~erve on bhi~ board? - 0 V E R - .~.lS..'-;~ould you con~id~ ~&r~ing on &nother go&rd oth&t thin you selected abd~? ?~s ., NO -- tn£or~at~on which I htv~ provi~ in ~ht~ tpplie~tion. I under~tand tha~ any ~isr~pre~entttlon or omission o~ ~£or~tion r~moval. I understand that the City Council o~ the Ci~ O~ s~pend or ramova £~om oE~ica an~ ~unicipal board ~t~demeanor rela~ed ~o ~h~ dutt&~ o~ ht~ o~t~ ~ misdemeanor. \wa- ~orm\board. app ~ ~. PLEASE CHECK THE BO~D(S) TOU ARE I~REST~ ~ SERVING OHt *BOARD OF ADJUSTM~T- CEMETER? COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS A~4D RECReATiON 7.. Xave you ever been convicted of any f~lony et any ?eg Noi,/'- . 18. Would you consider serving on another 8oard other than one(s) you selected ~bove? Yea No kw/ I hereby certify that I am ~eliftid to hold the Dosition Eot understand that any misrepre~entatio~ or omis~ion o~ in~o~ation requested in thi~ application i~ caU~ for dt~q~ali~icttion or removal. understand that the incompetence,' or permanent duties. ~urther, ~ understand t~ae the ci~fC0u~cil may lU~ehd misdemeanor r$1ated to tho du~te~ o~ hi~ o~lce ~ Who i~ misdemeanor. active warrant chock on ~. Su scribed and to before ~0 tht~ ~'''~'' dS ~-'' ~ , r ( S~Ar. ) -- ~o~i~i~n No. \ws-form\board.a~p AME: TO SERV~ ON CITZ APPLICATION __ _------ -- WALTER ¢. GOLEH~E$~ 3. 4. 6. 7. 8. g. HOME ADDRESS! HOME TELEPHONE! BUSINESS TELEPHONE:_~ SOCIAL SECURIT? NUMBER! DRIVERS LICENSE NUMBE~! RESUME OF EDucATION AND ~Xp£~f~NcE! ATTA¢~ED necessarY or su ' £ available) the city? 10. ll. 12. 13. 14. 15. PLEASE CHECK THE soARD$ TOU ARE INTERESTED IN Voter registration no. Are Fou a residen~ Length of Do you hold *come *CONSTRUCT~0~ ~0~ '-~ ~ANDICAP~D Co~ITTEE What qualifications do you have to ~ervO on 16. a3 e - o v E R - , ~ '~7. nave you ever been ~.. one(a) you understand that any nts~eOteaantatio~ or omission rgmovel. I understand that the Cit? COUncil of the cfr? 0~ ~A~T~A~ may suspend or remove from office any municipal ~ncompetence, or per. anent ~nability to misdemeanor related to the auttaa misdemeanor. active warran~ check on me. \wa-to.tm\board.apo 2 WALTER C. GoLEMBESKI FERSONAL INFORMATION Home AddresS: Place off Birth: Date of Birth: Health: Marital Status: Military Status: 660 Forstar Sebastian) Florida 32958 {aOT)388-53Al Scranton) P~nnsylvan£a January ll, i926 Excellent Married World War II~ Army Nonorabl~ Di$¢harg~ EDUCATION West Scranton ~lSh School Scranton, Pennsytvan£a Graduated 1942 FRANK J. ROONEY, INC. Subsidiary of Cyntax {Dallas, 2861 East Oakland P~rk Blvd. Fort Lauderdal~, Fl. 33306 (407)949-0032 Ty~e of Bus/ness: Job Description: Supervlgor: Projects: General Contractor Superfntendane Morgan Kln$ Project From: S~pt~mb~r 198~ eo january 1989 M£~m£ Rotel Roof Top Fac£IIty ([0,0OO,000) Dade County Aviation D~p~rtm~nt Construction: Structural steel and Concret~ From: September 1984 to September ~988 Terminal Extension North Mlam£ international Airport Concourse "B" (30,0OO,OOO) North EaSt Bus Maintenance Fac£lltLe~ Construction: Precast and Structural From: FebrUarY i98~ to September igSa Walter GolembeskL Page 2 Governmental Cente~ (iO,O00~000) Fort tauderdele~ Fl. From: April 1983 to February Federal Courthouse (15,000,000) Miami, Fl. From: February 1981 to April 1983 Metro BUS Faclllty [lO,O00,O00) Miami,' Fl. From: January 1980 to February 1981 Sheraton Hotel (6,000,000) Fort Lauderdele, Fl. From: September 1979 to January 1980 FIRST FLORIDA BUILDING CORPORATION 5900 S.W. 73rd Street Miami, Fl. Type of BusineSs: Job Description: Job Responsibilities: Supervisor: Superintende.t 'Troubleshootin~ problem jobs, Supervision Scott Shaver Division Manager Projects: From: Ausu~t i978 to A0gust 1979 American RoNp£ta.L Supply Warehou§a (9OO,0OO) Construction: PreteSt From: February i979 to August i979 Various Fast Food Restaurants (3OOO)OOO) ConstrUction: Steel and Masonry From: AuguSt 1978 to February 1979 ROBERT L. TURCHIN, INC. 1835 Purdy Ave. Miami Beach, Fl. Type of Business: Job Description: Job ResponsLbLLitLes: Superv£~or: General Contractor Superintendent Carpenter Foreman, General Foreman, Assistant Super- intendant, Superintendent Lewis C. Gentry Vice FresLdent Walter Golembeskt Page 3 Projects: From: June 195B'~o August 1978 Key Colony, 14 Stroy, Phase I (20,000,000) Construction: Post Tension From June 1977 to August 1978 Blltmore Two, 14 Story (15,000,000) Construct£on: Post Tension From: July 1975 to June 1977 Blscayne General Hosp£tal, 500-Bed [g,o00,O00) Construct[o~: PrecaSt Jo£sts~ PoSt Tens[on From: July iS72 to June 1975 Kendall Lakes Townhouses, 109 Un[ts (5~000,000) From: July 1972 to June 1973 5560 Butld[~$~ 22 Story (9,000,000) ConstructLon: Flat Plate From: June 1970 to June 1972 Carriage House, 14 Story Construction: Flat Plate Slab From: July 1968 Co May 1970 SeacoaSt Toeer~ ga~t~ i7 Story Construction: Flat Plate Slab From: August 1966 to June 1968 Dlplomat Tower~, i4 Story ConstructLo~: FLat Plate Stab From: October lg6a to July 1966 Flor'ida Memorial College 1963 Doral Beach Hotel 1962 jefferson Stores and Publix 1961 Morton Towers Phase I & [[ 1958 - i961 Resum~ of Walter Golembesk[ Page 4 Other Con~ractors: Burke Construction Company Miami, Fi. Murphy Constrution Company Palm Beach, Fl. M.R. Harrison Construction Miami, Fl. Powel[ Brothers Ft. Lauderdale, FL. Hackle Construction Company Miami, Fl. Taylor Construct£on Company Mlam£, FL. gbasary Foundations Miami, Fi. Reed Construction Company Miami, FL. Heavy Construction M/ami, Fl. A.D.H. Builders Miami, FL. Star Construc:Lon MlamL, Fl. From: 1947 to 1957 Carpenter to Carpenter Foreman . 6. ?. II. 12. 13. 14. Length o~ Reeide~c? Do you serve *BOARD OF A~JUSTMENP' C~ME?ER? coMMIT?E£ *COOE EN£ORC~lq~NT *CONSTRUCTION BOARD PARKS AND HA~ICAPPED CO~ITTEE 16. What qualifications do yo~ have bO serve on ~hig board? - 0 V E 17. Have you ever been convicted of any felony or misdemeanor involvi~g MOrAl t~rpituda in ~hi~ o~ lB. Would ~ou consider ~erving on another Bo~rd o~her ~h~"~ one(~) you selected above7 ~ Yes ~ which this applicatfom i~ Mmda. F~rfhe~, I h~t~by muthoriza,thm City of ~ebaetiin to tnvae~tgat~ the truthfulness of All :, " information which ~ have provided in tM~a applfeati0~, i .'. understand that any misrepres0ntation or omis~ion o~ inner,ilion requested in this ~p,~..ication ia c~uae-£or diaquali~icatton or removal. I understand that the City council any municipal board MaMbee #he t~ misdemean6r rela~ed ~o ~he du~ia~ o~ indicated or in~or~ed A~Si~e~ ~or ~he co~Mi§aibR d~ A~? telo~Y or misdemeanor. [ hereby authorize the ~ebaabian Police Oepa~fmen~ fo run A~ active warran~ checE on ~a~ SWO~N TO AND \ws-form\board.app 2 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 SUBJECT: PROPOSED AMENDMENTS TO THE TREE PROTECTION ORDINANCE Approved For Subml=tal By: City Manager ~ Agenda Number~ ?0,.. :?/7 Dept. Origin: Community Development Date Submitted, 11/23/92 (BC~'/~' For Agenda Of: 12~O2/92 Bxhibits~ 1. Memo dated November 20, 1992 from P & Z 2. Proposed amendments to the Tree Protection Ordinance (Article XIV) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED, SUMMARY STATEMENT At their regular meeting on November 19, 1992, the Planning & Zoning Commission approved and recommended to the City Council proposed amendments to the existing tree protection ordinance. Ail minor changes have been incorporated in the ordinance as requested by the Planning and Zoning Commission. Even though the proposed ordinance seems extensive in the amount of pages, the basic revisions are as follows: Prior to the issuance of a landclearing permit for new construction, the homeowner shall be made aware of the tree protection ordinance and staff will be preparing a homeowner packet that will outline various methods to save trees. The minimum height of a tree that is planted to meet the requirements of the proposed ordinance has stayed the same except the proposed ordinance will require a minimum diameter of two inches. The minimum tree requirements for residential building lots has increased except for lots less than 16,0OO square feet in size, Page 2 Credits for existing trees of a certain size shall be given as outlined on page 5. If trees are removed illegally, they will be required to be replaced as outlined on page 11. ~~ RECOMMENDED A~TION Move to--he City Attorney to draft an ordinance for the proposed amendments to the tree protection ordinance. City of Sebastian POST OFFICE ROX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407') 589-5330 FAX 407-589-5570 [iATE: Novembe~ .... , '* ,") 1992 Mayor' and City Council Planning..~-~nd Zoning Commission~/~. LDC Chan~e and Tree Ordinance F'la_ase b.,'~ advised that tlne Planning and Z~nin~ Commission at 'Lheim ~eq~]a~- m~eting on Novembem I9~ 1992 passed 'ti~e changes to ~he Land Development Code ~eptainin9 to watepcpa+'t as amended by sta++ and pa~sed d~a+t 5 o+ the t~ee omdinance ,~ith some minop changes. S'ta~ to pr-~vide ~mvised ~ina] co~ies t~ c~unci'l . This motion !~assed unanimously .~o~ the ,~ater, c~,-.a.~'x changes and 5-! ARTICLE XIV. TREE PROTECTION Sec. 20A-14.1. Purpose, intent and applicability. Purpose. The purpose of this article is to establish protective regulations for trees within the city in order to: Better control problems of flooding, soil conservation, air pollution and noise; 2. Encourage reduced enerq_~ consumpt.~ 3. Conserve water; and Make the City a healthier, safer, and more beautiful place in which to live. In~emt. The intent of this article is to encourage the protection of a maximal number of trees. It is further the intent of this article to encourage, in particular, the protection of native trees of the city. Applicability. This article shall apply to all real property lying within the city, except: Public protection. If any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and requires immediate removal without delay, verbal authorization may be given by the director and a written permit shall be issued after the fact. State of public emergency. During the period of an emergency, involving natural disasters such as a hurricane, tropical storm, wind storm, freeze, flood or any other act of God, the requirements of this article may be temporarily waived by the Cit_v Manage~ or des~ so that the requirements of this article will in no way hamper private or public work to restore order in the city. Nurseries. All licensed plant or tree nurseries, o_~r active groves shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on the premises of the licensee, which are so planted and growing for the sale or intended sale to the general public{ otherwise in the ordinary course of the licensee's business. All trees classified a__s prohibited o__r undesirable exotics accordinq to Section 20A-14.25o "Definitions". Tree removal by public utilities as necessary to fulfill their function. -- Sec. 20A-14.2. Administration. ~nvironmental Administrator. The Director of Communit~ Development, acting as environmental administrator, shall be responsible for administering the provisions of this article and shall direct, regulate and control the protection of ali trees growing now or hereafter in the city. Sec. 20A-14.3. Tree protection prior to development. Destruction approval. To prevent the unnecessary destruction of trees on vacant, platted lot(s) where a building permit or subdivision approval has not been issued, the destruction of any tree(s) on any one parcel of real property within the city shall be prohibited, without first obtaininq ~ permit a__s required within this article. Land Clearinq or Grubbinq- It shall be unlawful to clear o_!r grub land within th__e city without first havinq obtained a permit as provided in this section, Tree replacement. Ail trees that are illegally removed, o__r effectively damaqed causinq decline and eventual destruction, shall be replaced in accordance with Section 20A-14.15. Replacement cost. The cost of replacing trees shall be incurred by the party that damaqed or removed the trees. Sinqle-family and two-family requirements. Prior to a bulldinq oermit beinq issued for a sinqle-family or two- familx residence, the applicant shall lndicate the minimum number of trees pursuan__t t_9o Section 20A-14.4 ~ 1 ~ of this Article. All trees that are retained or installed to meet this requirement shall be verified prior t__o ~h__e issuance o__f the Certificate of Occupancy. Sec. 20A-14.4. ApplicatiqD for Permits. This section shall ~ to all new single-family & two family Rroperties. For all new construction other than single-family o__r two-family residences, the minimum standards setforth in Article XIII shall apply. Also, any ~erson desirinq ~ permit to clear, 9rub or otherwise similarly disturb rop_~ within the cit-~, limits of Sebastian shall make written application to the department on prop,~r forms provided by ~h__e direc-~or. The application for~ mus~ b__e accurately completed, signed. Th__e applicant/contractor and owner, if other than applicant, must acknowledge a__n awareness and understanding of the requirements in this articl--~, relating to the protection of trees during land preparation for construction an____d construction activities. The completed application shall be submitted with a fil~nq fee as established by the City Council. Th__~e application shall be reviewed by the - director or designees and ~ signifvinq approv~l~ approval with modifications, or denial based on the pertinent criteria set forth in Section 20A-14.10. "Criteria for Permit Issuance". B. Permit applications and procedures. A completed "Application for Land Clearinq~ Grubbinq~ o__r Tree Removal" form shall be required before any work is don___~e o__n any lot___~, accomp_~nie~ by a survey which may be ~ by the contractor, and any of the following information an___d documentation deemed apprQpriate, as defined below: 1. Land Clearinq or Grubbing. legible, scaled drawing showing propegty boundaries~ physical or natural features, and lirait____s o__f the proposed work; statement of the ourpose for clearing and/or ~rubbing~ general description of existing vegetation, topography, an____d an___v su__rfa____c~ waters present; d. ~ description of the meuhod of debris disposal; f 4 A description of the method(s) of soil erosion and sedimentation control to be-~nderta~en durinq earthwork activities and the means and timinq of soil stabilization subsequent to the completion of the clearinq ~_Q~ ~~.g activities. Trees to be retained. The minimum number of trees shall be accordinq to the lot size, noted below. The minimum height of each tree must be at least six feet (6') and havinq a minimum two (2) inch diameter measured between four (4) & six (6) feet above the ~rade level. Excep~iom: Citrus trees ma~ be used provided that none is less than four (4) feet in height~ and shall not exceed three (3) or 25%, whichever ~ great_er_~ of the required minimum number of trees on the lot. MINIMUM TREE R~UIREMENTS FOR RESIDENTIAL BUILDING LOTS Lot Size: Square Feet Minimum Number of Trees T__o 9~ 999 SF 10,000 to 15,999 SF 1_6_~,000 to 19,999 SF 20,000 to 29,999 SF 30,000 to ~.99~9 4__0~000 or more S~F Five (5) Trees Seven (7) Trees Twelve (12) Trees Fifteen (15) Trees Eighteen (18) Trees Twenty (20) Trees If trees must be added to the lot to conform with the requirements o~f this article, trees shall be suRplied meeting~ (1) Florida Grade Number 1 or better nursery standards established ~ the State of Florida Department of Aqriculture ~n__d_ Consumer Affairs. (2) A minimum overall heiqht of six feet (6') and a minimum trunk diameter of two inches (2") measured at four to six (4-6') ~eet above grade level. Option Credft For Existing Trees. All existing trees that meet the following criteria may be a_R~ied towards meeting ~.he minimum number of trees as required in subsection "G" above. Pr__~_posed Credits 5" - 10" = 1 Tree 10" - 20" = 2 Trees 21" - 30" = 3 Trees 30'__~' _& Over = _4 Trees 2. A minimum of 5 trees saved, between 2"-4" in diameter, shall be given a credit of 1 tree. Note: Palm trees can be used on a one for one credit but, n__o Palm Tree shall be utilized in the above formula. Sec. 20A-14.5. Prohibitions. A. It shall be unlawful to remove (as defined in Section Be 20A-14.17. "Definitions"), cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees or mangroves covered by the terms of this article, except in accordance with the provisions of this article. All mangrove trimming or removal activities are subject to state permitting procedures. Attachments. It shall be unlawful to attach anything to a tree trunk or stem other than protective binding~, braces or other similar noninjurious materials. Prohibited o__r undesirable exotic trees and assessment of costs for removal. N__o person shall plant, o__r cause to be planted or permit t__o b__e planted anywhere wlthin the corporate limits of the City o__f Sebastian, %ncludinq any public street or right-of-way, the following trees: A. Ear Tree (Enterolobium cyclocarpum); B. Chinaberry (Melia azedarch); C. Australian Pine (Casuarina spp.); Pun]{ Tree or Cajeput Tree (Melaleuca quinquernervia or Melaleuca !eucadendron); E. Brazilian Pepper (Schinus terebinthifolius). Whenever the director, after investiqgtion, determines that an___~v one of the prohibited o_~r undesirable trees has been planted within the City, the director shall, within ten (10) days, cause to be served upon the owner or occupant of the real property upon which the subject trees are located, notice that such trees are in violation of this section. If after the service of the notice provided for herein, and following any requested hearinq provided for herein, it is determined that a violation does in fact exist, the Pr0Per~¥ owner shall thereafter have fifteen (15) ~ in which to remove the tree(s), or the director, shall have the tree(s) removed and charqe the costs ok removal thereof to the real property owner. Sec. 20A-14.6. Individual Tree Removal permit requirement. No person, directly or indirectly, shall cut down, destroy, remove, relocate or effectively destroy through damaging, any tree situated on any property, or clear any lot or acreage located within the.city, without first obtaining a permit as provided in this article. Sec. 20A-14.7. Tree removal permit exemptions. Prohibited o_~r undesirable trees~ as defined in Sec.20A-14.17. "Definitions", must be indicated on the survey but are considered prohibited trees (or undesirable exotics) and are subject only to a verification in_~ectlon by the department orlor to removal. Sec. 20A-14.8. Application for individual tree removal permit other than new construction. Permit Requirement. Permits for removal, relocation or replacement of individual trees or groups of trees covered in this section shall be obtained by making application for permit to the director. Th~ application shall be accompanied by a written statement indicating the reasons for removal, relocation or replacement of trees and one (1) qopy of an accurate and legible Site Plan, drawn to the .largest practicable scale, t__o show the following: Location of the tree(s) that are being removed or relocated. Location of the trees remaining or replaced t___o meet the minimum requirements of Section 20A- 14.4 B 1 ~ Sec. 20A-14.9. Permit Fee. A non-refundable permit fee, to be established by resolution of the city council, shall be applied to each acre or fractior~ thereof to be inspected. Such a fee is deemed necessary for the purpose of processing the application and making the necessary inspection for administration and enforcement of this article. Sec. 20A-14.10. Criteria for permit issuance. The issuance of a "Land .~ Grubbing or Tree Removal" by the director, as required by this section, shall be based on the following criteria: The need for vegetation removal on the property for purposes of land survey!9~ o_~r land preparation for development or other economic uses; Whether protected trees either do not exist on the site, or do not need to be removed for construction ~~ Pose a safety hazard to pedestrian or vehicular traffic or{ due to proximitZ t__o existing o__~r ~roposed structures, threaten to cause disruption to public services and public easements; d. Pose a safety hazard to buildings; Are diseased tr~es or i_~n condition weakened by age, storm, fire, disease, insect attack or other ~njury that pose a dange_r of _f.~a...l._].i_n.9 and a safety hazard to peop.[e, bull. dings or utilities a...n.d other improvements on lot or parcel of land; The extent to which tree removal is likely to result in damage to the property of other owners, public or p~ivate, including damage to lakes, ponds, streams, or rivers, through runoff or erosion; Topography of and relief to the land where the tree o__r mangrovq is located and the future effect of tree removal on erosion, soil moisture retention and the diversion or increased or decreased flow of surface water, and coordination with the city master drainage plan g~ similar plans adopted by cit~ council; Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support~ and the number and density of trees and Fan.groves existinq elsewhere within the neighborhood, on improved or unimproved Necessity to remove trees in order to construct proposed improvements to allow economic use of the property. j. Whether the tree has been desiqnateg a historic tree. The species and size of the tree(s) proposed for removal; The extent of any damage or hardship which would result to the applicant from a denial of the requested permit. Sec. 20A-14.11. Application review General Review Procedures. The director shall act as soon as practicable but shall have no more than ten (10) w~,rking days after receipt of an application filed pursuant to this section .in which to grant or deny the requested permit. If the director denies an application, the reason(s) f__o! such denial shall b__e specified to the ~p__plicant in writing. Site plan requirement. In the case where a site plan is required to be submitted, the application shall be submitted simultaneously as a part of the site plan application, and the time of approval shall be same as required for site plan review. Sec. 20A-14.12. A_p_peal from denial of permit or other action of the director, penalty, and remedy. Appeal. Any applicant aggrieved by a decision of the director made pursuant to this article may appeal to a quorum of the planning and zoning commission sitting as a grievance board. Final ~ may be achieved by a_~pearance before the city council or a civil court, as provided by Sec. 20A-14.12.C. Penalty. Violation of any of the provisions of this article or the conditions of a permit issued hereunder shall be unlawful, and any person violating any of the provisions of this article or the conditions of a permit issued hereunder shall, upon conviction, be punished as provided in Section 1-10 of the City Code of Ordinances, and until such violation is rectified, the building and/or land clearing permits issued in accord with site plan and tree protection plan approval~ shall be rescinded. Further, whenever a violation shall be determined to exist, the building and/or land clearing permits issued in accord with site plan and tree protection ~ approval~ shall be rescinded and development work on the property shall be stopped until the violation is rectified and the permit(s) is/are reinstated by the city. In any ~ under this article, each individual tree or mangrove so removed, damaged or destroyed, will constitute a separate offense. Civil remedy available. In addition to the penalties provided in Section 1-10 of'the city's Code of Ordinances, any person who violates any provisions o__f this article shall: !. Forfeit and pay to the city a civil penalty equal to the total value of those trees or mangroves illegally removed or damaged as computed by the International Society of Arboriculture Shade Tree Value Formula. Such sum shall accrue to the city an__d ~ b__e recovered in a civil action brouq_~ b_!v the city. Such sum so collected shall be placed in a fund for the tree bank or citer street tree program, both established by resolution of the city council, and shall be expended for the purchase o__f trees for replacement i__n public properties within ~he city. Re.~lacement .o__f illegally removed trees or mangroves may be recuired as restoration in i~eu of money. This replacement wi!l be computed on an inch-for-inch bas~s, according to the to~.al tnches at DBH of ail i! ~c'~] ~v removed trees 3. A combination of money and tree and/or ma~.rove r__eplacement .may be required. Other reme_~y. N_9o person shall remove, cut down, damage, poison or in anZ other manner destroZ or cause to be damaqed or destroyed an~ tree or mangrove in violation of this article. In the event of any such violation, o__r imminent threat thereofz the city manager or designee, in addition to any other remedies provided by law, ~ institute a suit or injunction to prevent or terminate such violation. Continuing violatio,s. Each da~ 9~ violation of ~n_ff provision of this article or of a_Qn~ ordinance shall continue shall constitute a separate offense, except that in anZ case where the violation consists of a discrete act or failure to act, each violation shall constitute ~ separate offense. Sec. 20A-14.13. Duration of permit. ~Z permit issued by the citZ pursuant to the ~equirements of this article shall expire if the work authorized by th_~e permit i_~s not completed within six (6) months of the date of permit issuance. The holder of such an ~pired permit maZ a_iq. ply for re-issue within thirtZ (30) days of such expiration, and the director, at his discretion~ ~ cause the permit to ~e re-issued, ~3~3_%.~ the fee therefor. Alter{%atively, ~~ation fo___~ ~ new permit must be made. Sec. 20A-14.14. Tree Relocatio~ b_/ the City or the County~ Where the applicant for a permit has authorized the city to enter qpon his ~rt~ and remove a tree or mangrove, the cit~ shall have the 9ption t_9o relocate the tree o__r ~rove, at the g~tv's expense, t__o publicl~ owned p~operty. If the ~t~--~oes not elect to relocate such tree or mangrove, it maz give the count~ the right to acquit9 s~ ~r_~ o__r ~a_~n~rove at the county's e_xpense, for relocation on other public land w_~.~_~9 the county. Th___=e relocation, either by the cit~ or the countZ, shall be accomRlished in fifteen (15) working ~.a~ o__f_ the issuance of the permit t__9o the owner. Should the citZ o_~r q~p.~l fail to remove the tree or man,rove within the fifteen ~.~J ~gFk~'g-~.9~ period, the ~L~k~ bOl~.~ ~h~.l~ ~e allowed ~? ~.V.q~9~j~ ~.~ provided in the permit. 10 Sec. 20A-14.15. Tree replacement for illegaLl~ removed trees. Conditions and specifications for all tree replacement requi remen ts. Characteristics. The replacement tree(s) shall have at least equal shade potential, screening p~gperties, and other characteristics comparable t__o that of the tree(s) for which a removal r__eguest has been submitted. Size. Replacement of illegally removed tree(s) shall meet a size requirement providing for a standard of one-inch (1") DBH total re_placement for each one-inch (1") DBH removed, unless otherwise agreed upon by both the director and the a_Rplicant. Any number of trees may be utilized to meet the inch-for-inch requirement, provided that acceptable ~pac~ngs and design are maintained. ~pecies. The city may ~ that the species of the replacement tree(s) be the same as those for which removal is being requested, or maI require such replacement trees to be of a species native to the East Central Florida area. Acceptable exotic or "naturalized" tree(s) and palms may be used to meet ge_,placement requirements. A list of species which meet these requirements i__s available from the d__epartment. Minimum standards. At the time of planting, each r_e_placement tree must have ~ minimum o_v_~rall height ten feet (10') and a minimum trunk diameter of two inches (2") measured six (6") inches above grade level. Ail such trees shall be of Florida D~_e__p_ artment of Agriculture NurserI Grade Standard (quality} Number 1 or better. Waivers of replacement tree(s) specifications. Th__~e planning and zoning commission ~I waive the species, size, or minimum standards specifications if th____e ~pplicant can demonstrate that the current market conditions are such that tree(s) meeting these specifications are not readily available. Substitute tree(s) allowed under this ~i.~ section must have the approval 9~ ~.~ director. Sec. 20A-14.16. Establishment. Any and all trees planted, ~ep!aced or relocated in co_9~pliance with this article must be maintained in a healthZ, livinq condition after planting~ Replacements that have not become established, have declined to an unhealthZ condition to such a degree that survival is not probable, o_~r have died, must be replaced. Such replacements must continue until a tree is established at the approveg location, or if repeated failures or other factors indicate that the specified location is unsuitable, at a location approved by the director. Suzitree.doc ~2 Sec. 20A-14.17. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section: Arboriculture shall mean the care and maintenance of trees. Ci~ s__hall mean the incorporated Citl o__f Sebastianz Indian River County, Florida. Ci___t~ Manager shall mean the Cit_z Manager or designee authorized to perform one or more of the duties of the Cit~ Manager, pursuant to this article. Coniferous shall mean a tree belonging to a group of mostly evergreen trees that bear true cones or arillate fru%t__. Critical Root Zone shall mean the rootin9 area of a tree established to limit root disturbances, an__d i__s {Q ~r__e~ in which disturbances are likely to directlZ affect a tree's chance for survival. This zone is defined as a circle with a radius extending from a tree's trunk to a point no less than the furthest crown dri~line, and includes all ~round cover and understory plants growin~ within the dripline. Crown shall mean all branch parts including all stems, twigs and foliage__. ~fpartment shall mean the Community Development Department. Diameter At Breast Height (DBH) shall mean the standard measurement of the diameter, in inches.~ of a sing_~_i stemmed tree measured at four-and-one-half (4-1/2') feet above grade. The DBH of a multi-stemmed tree shall equal the sum total of the diameter of all stems measured at 4-1/2' above ~rade. Director shall mean the Director of the Community Development De_~partment, or an employee authorized by the Director to perform one o__~r more o~f th__e du__~t~e___s 9~ ~b_~ Director, pursuant to this article. Dri~line shall mean an imaginary l._~n_e. ~ong t~]__e g_round which conforms to the perimeter of the crown of a tree as ~!~ected verticallZ to the ~round. Existing Diameter At Breast Heiqht (EDBH) shall mean the total diameter measured in inches at 4-1/2' feet above grade of all protected trees existing on a site prior to the beqinninq of development on the site. EDBH shall not include anZ trees determined b~ the director to be or a prohibited species, dead or in a declininq condition, which would warrant their removal. Grubbing shall mean the removal of any type o__f rooted ve~qetation from land 9~ ~~ g_~.~!~3 ~r_~gging o__r otherwise disturbing the roots of such vegetation and the soil in which such roots are located. Hazardous Tree shall mean a tree that, in the opinion of the director, constitutes a hazard to life or has a significant potential to cause injury t__o persons or damag~ t__o ~ a__s the tree is in imminent danqer of fallinch or is otherwise considered by a representative of the department to be or to create a hazard. A hazardous three shall include, but not be limited to, dead, diseased, broken, split, cracked~ leaninq ~ Uprooted trees. 6 hazardous tree shall also include a tree harboring comnmunicable diseases o__r insects. Historic Tree shall mean a tree(s) which has been found to be of notable historic interest to the city, because 9~ i~ ~ ~ size o__r historic association with the communitZ and has been so desiqnated by resolution o__f the city councilz and the cit~ clerk shall keep ~ permanent record of all trees so desiqnated. Land Clearing shall mean the removal by any means of anz ~ of veqetation or trees from land. L~g_h_~ MachinerF shall mean h__an__d o__r mechanically operated equipment used in proximity t__o protected trees and not meeting the definition of heavy machinery_: Maf~rove shall mean anZ or all of the protected species of ~quatic woodZ plants listed by the State of Florida p~partment of Natural Resources and the Department of .~.riculture and Consumer Affairs. ~a_~_~ Vg~etati°n shall mean any and all plant and tree ~pecies that are indigenous to the City o__f Sebastian. Prohibited or Undesirable Tree shall mean the five tree ~pecLes~ ~3~ ~.~ present on the site are considered b~ prohibited trees (or undesirable exotics) and are 14 ~!~ect only to a verification inspection by the department prior to removal. Under no circumstances shall any of the named tree species be deliberately introduced into the citZ agd planted on public or private ~/ope~ and anZ such action shall be deemed a violation of this article and shall be cause for assessment of penal~y and damages for subsequent removal ~inst said violator: A. Ear tree (Enterolobium c~'clocarpum); B. Chinaberry (Melia azedarch); C. Australian pine (Casuarina spp.); Punk tree or cajeput tree (Melaleuca quinquernervia or Melaleuca leucadendron); E. Brazilian pepper (Schinus terebinthifolius). Prohibited Tree Prunin~ shall mean the removal of more than 30% of a tree's foliage, and shall apply to trees five (5") inches DBH or greater. Topping or other undesirable pruning technigues are also Rrohibited o_~n trees 5" DBH and ~reater. Exception: In the event that ~ public utility determines that such pruning or ~ is in the best interests of the community with regard to health and safetK, advance written permission shall be sought from the director, and the activity shall proceed in accordance with the specifications within this article. Protected Tree shall mean anZ tree of five (5) inches DBH (15.7 inches in circumference) o__r ~r__eater, that is not otherwise exempted herein. Protective Barrier shall mean a physical structure, composed of material c.9~piying with the specifications and ~equirements of this article which effectively limits access to a protected area. Remove or Removal shall mean anZ act which will cause a tree --to be damaged, decline or die within a period of e_i_qhteen (18) months, e.g., damage inflicted upon the root system by heavy machinery, o__[r by changing the natural grade above the root system or around the trunk___; damage inflicted on the tree, by excessive pruning or__ the g~9.~.~cation of anZ chemical, which permits infection o__r~ pest infestation o___r causes poisoning} or damag_~ qa_u__~_~ ~ other direct or indirect actions, including [5 ~av~.Q_9 with concrete, asphalt, or other impervious material to within two (2) feet of the outside diameter of a tree. The terms "Remove or Removal", when applied to a mangrove shall mean thee actual removal o__~r causing ~ effective removal throug~ da~aging~ poisoning o__r other direct or indirect actions resulting in death or ~c_~l_i~n~ o_~f a man~rove, and shall also mean the removal of anz part of a ~v__e plant through pruning~ trimming, cutting~ ~ o__~r o__t.~X direct o__r indirect actions resulting in the removal of anZ part of a 9~Y_~ plant. Roo~ Pruning shall mean the cutting of tree roots for the p. urpos___=e of moving a tree or facilitating n__e.a_rby construction or landscaping. shall mean the removal of vertical leader stems on t~ees 5" DBH or ~reater Tree shall mean any self-supporting and erect, standing.~ Rlant having at least one well-defined stem, which ~o_qether with its root system, is of a species which normally attains a minimum overall height at maturitZ of a least six (6') feet in the Sebastian service area, and shall include, but not be limited to the region- approp.~ate species listed and on file with the cit~ clerk, as adopted by resolution of the city council and revised as required, from time to time. Undesirable Tree [See Prohibited or undesirable Tree. ] Suzitre2.Doc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5,,330 ~ FAX (407) 589-5570 SUBJECT: Cancel December 9th Regular Meeting Approved for Submittal By= City Mana~ Agenda No. Dept. of origin= city Manager Date Submitted 11/24/92 For Agenda Of= 12/02/92 Exhibits= EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARy STATE,ME~. The City Council tentatively has meetings scheduled for December 2, 9, and 16th. I have placed all agenda items for December 2, and 9 on this agenda. In the event the City Council completes all agenda items we could then cancel the December 9th meeting. The December 16th meeting is scheduled as a public hearing to review the proposed Airport Master Plan. P.~COMMENDED ACTION Move to cancel the December 9, 1992 meeting.