HomeMy WebLinkAbout11201991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.326
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 20, 1991 - 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.
2.
3.
4.
5.
6.
7.
8.
9.
A.
B.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - No One Available
ROLL CALL
AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETIONS)
PROCLAMATIONS AND/OR ANNOUNCEMENTS
PUBLIC HEARING, FINAL ACTION - None
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA
Approval of Minutes - 11/13/91 Regular Meeting
Request Use of Yacht Club - Bermel Wedding
Reception - 11/24/91 - A/B - Permittee Hellen
Bermel DOB 5/10/14 - Security Paid (Application)
91.327
91.235
91.325
RESOLUTION NO. R-91-43 - Abandonment of Easement
(R-91-42, City Engineer Memo dated 11/8/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTHEAST SIX FEET
OF LOT 5,THE NORTHWEST AND SOUTHEAST SIX FEET OF LOT
6, AND THE NORTHWEST SIX FEET OF LOT 7, BLOCK 207,
SEBASTIAN HIGHLANDS UNIT 8 ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 6 12, 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.
10. PRESENTATIONS
11.
12.
PGA Management Audit of Golf Course (Staff
Recommendation dated 11/14/91, Report Under
Separate Cover)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
13. CITY ATTORNEY MATTERS
14.
15.
A. Elkcam Waterway Dam Claims (No Backup)
CITY MANAGER MATTERS
COMMITTEE REPORTS~RECOMMENDATIONS
2
16. OLD BUSINESS
91.129
91.045
91.144
90.290
91.328
RESOLUTION NO. R-91-45 - Authorizing CAVCorp
Property Loan and Related. Transactions for
Purchase (Staff Recommendation dated 11/14/91, R-
91-45, City Attorney Opinion, Promissory Note,
Officers' Certificate, Settlement Statement)
A RESOLUTION OF THE CITY OF SEBASTIAN, AUTHORIZING
AND PROVIDING FOR THE ESTABLISHMENT OF A LOAN WITH
BARNETT BANK OF THE TREASURE COAST OF $750,000
PRINCIPAL AMOUNT TO PAY FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY; AUTHORIZING THE iSSUANCE OF
AND THE FORM, DATE, MATURITY, INTEREST RATE AND OTHER
DETAILS WITH RESPECT TO A NOTE TO EVIDENCE THE LOAN;
AUTHORIZING A NEGOTIATED SALE OF THE NOTE TO BARNETT
BANK OF THE TREASURE COAST; DESIGNATING THE
OBLIGATION FOR THE APPLICABLE EXCEPTIONS TO THE
PROVISIONS CONTAINED IN THE INTERNAL REVENUE CODE
WHICH DENY FINANCIAL EXPENSE ALLOCABLE TO TAX EXEMPT
OBLIGATIONS; MAKING CERTAIN COVENANTS AND AGREEMENTS
FOR THE BENEFIT OF THE OWNER OF THE NOTE; AUTHORIZING
ACCEPTANCE OF RESPONSIBILITY OF PAYING AGENT AND
REGISTRAR; AUTHORIZING FURTHER OFFICIAL ACTION IN
CONNECTION WITH THE DELIVERY OF THE NOTE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
Review and Discuss Ail Options Concerning CR 512
Pro3ect (Staff Recommendation dated 11/14/91,
City Engineer Memo dated 11/14/91, Davis Letter
dated 10/22/91)
Review Police Station Electrical Service (City
Manager Recommendation dated 11/14/91, City
Manager Letter dated 11/8/91, ADG Letter dated
11/13/91 w/ Attachments)
GDC Status Report (City Manager Recommendation
dated 11/14/91, City Manager Letter dated
11/13/91)
17. NEW BUSINESS
City Manager Employment Agreement Renewal (City
Manager Recommendation dated 11/14/91, Employment
Agreement)
3
91.329
90.272
18.
Point-O-Woods Subdivision - Petition for
Disincorporation (City Clerk Recommendation dated
11/13/91, City Clerk Memo dated 11/6/91,
Petition, FS 171)
Review Request by Point-O-Woods Developer to
Transfer Maintenance of Streets and Drainage
Facilities to City (City Manager Recommendation
dated 11/14/91, City Engineer Memo dated
11/12/91, Mosby Letter dated 9/24/91, City
Manager Letter dated 8/1/88)
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)
19. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
4
NAME:
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NOVEMBER 20, 1991 REGULAR MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
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2
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M I N U T E S
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 20, 1991 - ?: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.
Mayor Conyers called the meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Rev. Chet Tokar, Sebastian
Christian Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Councilman Lonnie Powell
Councilman George Reid
Absent:
Vice Mayor Frank Oberbeck (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Golf Course Manager, Jim
DeLarme
City Clerk, Kathryn O'Halloran
Clerk II, Linda Lohsl
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None
Regular City Council Meeting
November 20, 1991
Page Two
91.326
91.327
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None
7. PUBLIC HEARING, FINAL ACTION
None
8. PUBLIC INPUT ON AGENDA ITEMS
William Bertram, 1265 George Street and Betty
Prueter, 281 Caravan Terrace addressed the Council on
the matter of the Elkcam Waterway Dam.
9. CONSENT AGENDA
A. Approval of Minutes - 11/13/91 Regular Meeting
Request Use of Yacht Club - Bermel Wedding
Reception - 11/24/91 - A/B - Permittee Helen
Bermel DOB 5/10/14 - Security Paid (Application)
RESOLUTION NO. R-91-43 - Abandonment of Easement
(R-91-42, City Engineer Memo dated 11/8/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTHEAST SIX FEET
OF LOT 5,THE NORTHWEST AND SOUTHEAST SIX FEET OF LOT
6, AND THE NORTHWEST SIX FEET OF LOT 7, BLOCK 207,
SEBASTIAN HIGHLANDS UNIT 8 ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 6 12, 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.
Mayor Conyers read the consent agenda in its
entirety, including the title of R-91-43.
Councilman Powell noted that the Consent Agenda
consisted of items "A, B and D". He noted that
Item "C" was erroneously omitted.
Councilman Holyk requested that Item A be pulled from
this agenda.
2
Regular City Council Meeting
November 20, 1991
Page Three
91.235
10.
MOTION by Powell/Holyk
i move that we approve "B" and "C" ("C" is "D" on
agenda).
ROLL CALL:
Mayor Conyers
Councilman Holyk
Councilman Powell
Councilman Reid
aye
aye
aye
aye
MOTION CARRIED 4-0.
Councilman Holyk referred to the minutes under his
matters, Page 7. He requested that a comment
pertaining to Ms. Bidol's request that public
officials remain absent at the public hearings on the
airport meeting on November 21, 1991 was omitted.
He noted that this was a specific request from Ms.
Bidol. He stated that she (Ms. Bidol) felt that the
service would be much better if the public was
speaking directly to her since that report would come
to the City Council anyway.
*This is a correction to the Minutes of November 13,
1991.
MOTION by Holyk/Powell
Move that we accept Item A as I suggested - the
amendment.
ROLL CALL:
Councilman Holyk
Councilman Powell
Councilman Reid
Mayor Conyers
MOTION CARRIED 4-0.
aye
aye
aye
aye
PRESENTATIONS
PGA Management Audit of Golf Course (Staff
Recommendation dated 11/14/91, Report Under
Separate Cover)
Mr. John Rossi, representative of the PGA Golf
Services, Inc. was introduced by the City Manager.
Mr. Rossi recited a presentation on Golf Operations
Evaluation for the Sebastian Golf Facility prepared
for the City and dated October 15, 1991. He also
answered various questions presented by Council
Members.
3
Regular City Council Meeting
November 20, 1991
Page Four
91.325
11. MAYOR'S MATTERS
Mayor Conyers acknowledged a reply pertaining to the
procedure to follow relative to "Dog Bites".
(See memo from Chief of Police dated November 14,
1991 attached). He also stated that the County is in
the process of adopting an ordinance to continue
maintenance of the program.
He noted that Indian River County offenders are
available to "work for freedom" and suggested again
that the city should avail itself of this program.
12. COUNCIL MATTERS
A. Vice Mayor Oberbeck
Absent
B. Councilman Holyk
Councilman Holy urged all people to seriously
participate in the "Great American Smoke Out" to be
held November 21, 1991.
C. Councilman Powell
Councilman Powell read from an article in the Vero
Beach Press Journal about the top revenue producers
for the City of Vero Beach.
D. Councilman Reid
Councilman Reid offered words of wisdom to all when
the subject of Elkcam Waterway Dam is discussed under
the City Attorney Matters. "If you have to eat a
frog it's better if you don't look at it too closely.
13. CITY ATTORNEY MATTERS
A. Elkcam Waterway Dam Claims (No Backup)
The City Attorney stated that Rick Torpy would
attend the joint City/County meeting November 26,
1991 in his stead.
4
Regular City Council Meeting
November 20, 1991
Page Five
He stated that IF R-91-45 is approved this evening
signatures of City Council Members would be required
with benefit of the SUNSHINE he requested that the
meeting not be adjourned until all documents are
signed.
Mr. Nash reported that a discussion had taken
place with the Civil Engineer and that his charges
for an initial investigation of the Elkcam Waterway
Dam would be at the rate of $75/hr. or $500/day. It
is anticipated that the initial evaluation would take
approximately 4 hours, total $300. It was assumed
that a report would be available at the December
Workshop.
A lengthy discussion ensued.
MOTION by Reid/Powell
Move to go along with the recommendation of the
City Attorney and hire this man at a maximum of $300.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
MOTION CARRIED 4-0.
Mayor Conyers called a recess at 8:10 p.m. and
reconvened the meeting at 8:21 p.m. with all members
present.
14. CITY MANAGER MATTERS
None
15. COMMITTEE REPORTS/RECOMMENDATIONS
None
5
Regular City Council Meeting
November 20, 1991
Page Six
16. OLD BUSINESS
91.129 A.
RESOLUTION NO. R-91-45 - Authorizing CAVCorp
Property Loan and Related Transactions for
Purchase (Staff Recommendation dated 11/14/91, R-
91-45, City Attorney Opinion, Promissory Note,
Officers' Certificate, Settlement Statement)
A RESOLUTION OF THE CITY OF SEBASTIAN, AUTHORIZING
AND PROVIDING FOR THE ESTABLISHMENT OF A LOAN WITH
BARNETT BANK OF THE TREASURE COAST OF $750,000
PRINCIPAL AMOUNT TO PAY FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY; AUTHORIZING THE ISSUANCE OF
AND THE FORM, DATE, MATURITY, INTEREST RATE AND OTHER
DETAILS WITH RESPECT TO A NOTE TO EVIDENCE THE LOAN;
AUTHORIZING A NEGOTIATED SALE OF THE NOTE TO BARNETT
BANK OF THE TREASURE COAST; DESIGNATING THE
OBLIGATION FOR THE APPLICABLE EXCEPTIONS TO THE
PROVISIONS CONTAINED IN THE INTERNAL REVENUE CODE
WHICH DENY FINANCIAL EXPENSE ALLOCABLE TO TAX EXEMPT
OBLIGATIONS; MAKING CERTAIN COVENANTS AND AGREEMENTS
FOR THE BENEFIT OF THE OWNER OF THE NOTE; AUTHORIZING
ACCEPTANCE OF RESPONSIBILITY OF PAYING AGENT AND
REGISTRAR; AUTHORIZING FURTHER OFFICIAL ACTION IN
CONNECTION WITH THE DELIVERY OF THE NOTE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read R-91-45 by title only.
MOTION by Holyk/Reid
I make a motion that we accept R-91-45
authorizing CAVCorp property loan and related
transactions for the purchase.
Discussion followed relative to the procedures
followed to comply with Florida State Statutes. The
City Attorney replied that the purchase was in order.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
MOTION CARRIED 3-1. (Powell - NO)
no
aye
aye
aye
6
Regular City Council Meeting
November 20, 1991
Page Seven
91.045 B.
Review and Discuss Ail Options Concerning CR 512
Project (Staff Recommendation dated 11/14/91,
City Engineer Memo dated 11/14/91, Davis Letter
dated 10/22/91~)
Carolyn Corum, 881 Dolores St., addressed the Council
on the sensitivities of the land in this area.
The City Manager noted the city and county will
be meeting November 26, 1991 at 2:00 p.m. to discuss
the future of CR 512 and that particular section of
512 that begins at U.S. 1 and goes in a westerly
direction for about 3,000 feet up to the elementary
school. He then gave a synopsis of past events.
He called the council's attention to the fact that
they have not formed an alternative policy of what
they would prefer. He then introduced
representatives from Kimley-Horne & Associates, the
consultants for the city on the traffic circulation
study; John Atz and Steven Godfrey.
The City Engineer related his discussions with
Kimley-Horne. He requested the councils' input
relative to acceptable alternatives for CR 512.
Steve Godfrey asked the council to express their
concerns and also present questions.
Each Council Member addressed Mr. Godfrey.
Councilman Holyk offered Mr. Godfrey his complete
file on CR 512. He noted that there is no research
by the County on alternatives and he defied the County
to produce completed engineering plans on CR 512.
Mr. Godfrey replied to the Council and referred to
the Kimley-Horne report. He also noted that if
capacity does run out and the level of service is
exceeded a moratorium is a possibility in the future.
The issues are dollars vs. impacts. Impacts: scrub
habitat, uplands, wetlands and also Orange Heights.
The Twin Pairs one-way concept does impact access to
development (business) along 512.
A great deal of discussion followed.
Regular City Council Meeting
November 20, 1991
Page Eight
91.144 C.
90.290
91.328
17.
Review Police Station Electrical Service (City
Manager Recommendation dated 11/14/91, City
Manager Letter dated 11/8/91, ADG Letter dated
11/13/91 w/ Attachments)
The City Manager recited the past events leading to
this agenda item. His recommendation was to split
the cost of electrical service for the new Police
Station ($4,661.) between the City and the
contractor.
MOTION by Holyk/Powell
Move that the City of Sebastian agree to split
the cost of the electrical service and pay our share
of S2,330.50.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Councilman Powell
aye
aye
aye
aye
MOTION CARRIED 4-0.
GDC Status Report (City Manager Recommendation
dated 11/14/91, City Manager Letter dated
11/13/91)
The City Manager stated that he felt negotiations
with GDC are nearing completion. He noted that he
has kept the City Council apprised each time a
negotiation was held. He then briefed the Council
relating to the most recent changes. A reference was
made to a letter to Mr. Cain (Cap) of GDU dated
November 13, 1991.
NEW BUSINESS
City Manager Employment Agreement Renewal (City
Manager Recommendation dated 11/14/91, Employment
Agreement)
City Manager felt the backup material on this item
was clear on his request, and in addition to renewal
of the contract he has requested an automobile
allowance in lieu of a new automobile.
8
Regular City Council Meeting
November 20, 1991
Page Nine
91.329
Discussion followed relating to the fact that the
full council is not seated this evening and the City
Manager is employed by the Council and works for all
five member of the Council. Councilman Reid noted
that if one member is not present the Council should
not cease to function.
The City Manager respectfully requested that this
item be withdrawn and placed on the first regular
meeting in December.
MOTION by Powell/Holyk
I make a motion that we refer the City Managers
Agreement Contract to December 11.
VOICE VOTE on the motion CARRIED 3 - 1 (Reid - NO)
Point-O-Woods Subdivision - Petition for
Disincorporation (City Clerk Recommendation dated
11/13/91, ~ Clerk Memo dated 11/6/91,
Petition, FS 171)
Councilman Powell stated that Item B and Item C
should be in reverse order.
The City Attorney was assured that the petition was
signed by 15% of the registered voter that reside in
Point-O-Woods by the City Clerk. He suggested that a
study be commenced by the City staff and one of the
requirements under the statutes is a determination as
to whether the area in question fails to meet the
criteria for annexation. If it is found to comply
with the criteria for annexation then it can not be
deannexed.
MOTION by Holyk/Powell
I would move that we direct the City Manager and
the pertinent staff to study this question of whether
or not the Point-O-Woods Subdivision did indeed meet
the criteria for annexation.
The City manager suggested that this item be placed
on the next available agenda; be it a workshop or
regular meeting.
9
Regular City Council Meeting
November 20, 1991
Page Ten
90.272
ROLL CALL:
Mayor Conyers
Councilman Holyk
Councilman Powell
Councilman Reid
aye
aye
aye
aye
MOTION CARRIED 4-0.
Review Request by Point-O-Woods Developer to
Transfer Maintenance of Streets and Drainage
Facilities to City (City Manager Recommendation
dated 11/14/91, ~ Engineer Memo dated
11/12/91, Mosby Letter dated 9/24/91, City
Manager Letter dated 8/1/88)
The City Manager requested feed back with the
assumption that Point-O-Woods remain in the City
limits. He gave a run down of the subdivision since
1982, the one and only street which was constructed
with a 50' right-of-way and drainage requirements
that are different today.
Rene Vande Voorde, attorney for the developer
addressed the Council. He reported that any
applications, permit and/or files on file with state
agencies can not be located. There are letters from
both the project engineer and the City Engineer at
the time confirming that the subdivision was built in
accordance with all the required specifications,
requirements and permits.
The City Engineer stated that the street is in
excellent condition. He discussed the lack of storm
water retention provided to treat the water.
A great deal of discussion followed.
18.
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)
Mr. Steven Pitiak, 3621W. Derry Drive and Jack
Speciale addressed the subject of water/sewer service
and how it relates to Park Place.
19.
Being no further business to come before the Regular
Meeting - ADJOURNMENT at 10:35 p.m.
10
Regular City Council Meeting
November 20, 1991
Page Eleven
Kathr~n M. O~Halloran, City ~lerk
· 1991 ~"Z~c.,'% Council Meeting.
W.~. conyers, ~a¥or
/
11
ill
POLICE
DEPARTMENT.
Earle L. Petty, Chief of Police,
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
II
DATE :
TO :
FREN :
SUBJECT :
MEMORANDUM
November 15, 1~91
RObert S. McClary, City Manager
Earle Petty, Chief of Poli~
Animal Control Procedures for Dog Bites
In reference to Mayor Conyer's questions during the counc11 meeting of
November 13, 1991, pertaining to'procedures for handling.dog bItecases or
suspected rabld animals, I offer the following information.
On November 15, lP91, I talked with Mr. Doug Wright, County Emergency .
Management Director, PX # 567-2154, who confirmed what the mayor had been
told. The State of Florida is no longer funding the Environmental Health
Agency for animal bite or rabies cases and they are now refusing to do them.
Indian River County Animal Control has taken over this responslb111ty and
when called either by a police agnecy or the clvlllan vlctlm, they wlll
respond, take the animal into custody for observatlon and appropriate
action. Animal Control is using local veterlnarians For the animal exam-
1nations with the animal belng impounded at an appropriate location.
There is an an'i~al control offlcer on duty untll 2200 hours then on call
for the remainder of the night.
Mr. Wright stated that he is presenting an ordinance to the County Commisslon
on November lP, 19Pl, which would give the counties animal control unit
authorlty to continue wlth this procedure.
In regards to a citizen in the City of Sebastian getting blt by an animal
they should call the Pollce Department and we 'would initiate the calls to
Animal Control and any other action that would be necessary at.that tlme.
If you have any questions pertalnlng to this memorandum please contract me
at your earliest convenlence.
EP/jh
CC:
Sr. Sgt. Ewert
Sergeant Beyer, Sherbrook, Wltt & Hardlson
Communications Center