HomeMy WebLinkAbout06231999DRAFT
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 23, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Pastor Marcos Batista - lglesia Pentecostal El Milenia
KQ~ALL
City Council Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barezyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff Present:
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Clerk, Katluyn O'Halloran
Chief of Police, Randy White
Finance Director, Mark Mason
Public Works Director, Terry Hill
Building Director, George Bonacci
Deputy City Clerk, Sally Maio
Regular City Council Meeting
June 23, 1999
Page Two
DRAFT
99.046
e
10.
AGENDAMODIFICATIOiN~ (ADDITIONS AND/OIl DELETIONS)
Items not on the written agenda may be added one, upon a majority vote of CiO, Council members (R-99-21)
None.
PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESE~rTATIQNS
Presentation of PIa.questo Employees of the Quarter - First Quarter ] 999 -~[erl:y Converse, ttucky
Gerber, John T~o~rowicz- Ste~e DiTrapano and M~rk Veidt
Mayor Wininger presented certificates to four of the five employees of the quarter and read a brief on their
renovation of the City Manager's office and cost savings for the City.
CITY ATTORNEY MATTERS
The City Attorney announced the birth of his new daughter.
CITY MANfi_C.,ER MATTERS
The City Manager requested a workshop on June 30, 1999 following the quarterly forum, relative to
unlimited time status salaries. Mr. Bishop said he would not be able to attend and Mr. Majcher said he may
not be able to attend. It was the consensus of City Council to schedule the workshop for July 7, 1999.
CITY CLERK MATTER~
The City Clerk report~ that steps are being taken to solve the audio problem with Falcon Cable, noting she
had spoken to Commissioner Adams about the matter.
CITy COUNCiL MATTERS
A. Vice Ma~or Neuberger
Received a report from the City Attorney regarding discussions he had with Attorney Rene
Van de Voorde relative to options available for the U.S. 1 Chamber building agreement and
deed.
Inquired about backup for the exempt salaries workshop, and the City Manager said backup
could be provided Friday.
Expressed concern about service vehicles parking in the road.
Inquired about progress on benches at school bus stops.
2
Regular City Council Meeting
June 23, 1999
Page Three
DRAFT
B. Mr. Barczyk
Reported on the Council of Public Officials meeting relative to proposed redistricting and
future population for Sebastian, urging assuring accurate counts for the census.
Reported on the Treasure Coast Regional Planning Council meeting and the wealth of
planning and development information available at a Iow cost to the City.
Reported that Roland DeBlois has advised that the scrub plan is near completion and will be
presented to the City for approval in the near future.
Discussed. the idea of placing a pump at the Schumann fountain
C. Mr. Bishop
Reported that he attended the Recreation Advisory Board meeting on behalf of the
Skateboard Committee to attempt to obtain their involvement in the project; and suggested
Council approve a feasibility and cost study. Mayor Wininger noted the county is '
considering a park and perhaps one park in the county was sufficient. It was the consensus
of City Council to direct the Recreation Advisory Board and Skateboard Committee to
conduct a joint meeting to proceed with a feasibility study.
D. Mr. M~her
Reported on his discussions with a county commissioner relative to a July 6, 1999 public
hearing in the County Commission Chambers on a proposed facility similar to Leisure
Square/recreation/pool for the north county and urged attendance. The Finance Director
explained the formula for distribution of the discretionary sales tax.
E. Mayor Wininge[
Reported on the Stormwater Project Meeting conducted by St. Johns River Water
Management District and City station June 22, 1999.
Received a consensus of Council to conduct a workshop to review wish lists and shortlist on
July 7, 1999. The City Manager said he would combine and rank City Council's lists.
11.
CONSENT AGENDA
~411 items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unless a member of Ci~ Council so requests; in which even~ the item will be removed and acted upon separately.
A. Approval of Minutes - 6/9/99 Regular Meeting
Regular City Council Meeting
June 23, 1999
Page Four
DRAFT
99.136 B.
99.137 C.
99.138 D.
99.139 E.
99.135 F.
Resolution No. R-99-39 - Vacation of Easement - Schleicher - Lots 7 & 8, Block 234, Sebastian
Highlands Unit 6 (Growth Management Transmittal 6/17/99, R-99-39, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASEMENT OVER LOTS 7 & 8, BLOCK 234, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-99-40 - Vacation of Easement - Jabusch - Lots 15 & 16, Block 232, Sebastian
Highlands Unit 6 (Growth Management Transmittal 6/17/99, R-99-40, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASEMENT OVER LOTS 15 & 16, BLOCK 232, SEBASTIAN I-IIO~S UNIT 6; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR REC ORDINCr, PROVIDING FOR EFFECTIVE DATE.
Rodriguez Request for Community Center - Wedding Reception - 7/10/99 - 6 pm to 11 pm - A/B -
Age Verified - Security Paid - Police Services Not Required Based on Number of Attendees (City
Clerk Transmittal 6/7/99, Application)
Sebastian River Area Chamber of Commerce Request for Riverview Park w/Electric - Tastes
"N" Treasure - 11/13/99 with 11/14/99 Raindatc - 7 am to 10 pm - Close Indian River Drive
Harrison to Fcllsmcrc - Close Fcllsmere Road from Hess to Indian River Drive (City Clerk 6/8/99,
Chamber 11/13/99)
Change Dates for Sebastian River Area Chamber of Commerce Summer Concerts in Riverview Park
Approved by City Council on 6/9/99 (City Clerk Transmittal 6/15/99, Chamber Letter)
The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-99-39 and
R-99-40 by title. It was noted that there is another revised date for item F (see memo attached)
Vice Mayor Neuberger removed items A and D.
MOTION by Neuberger/Majcher
"I move to approve items B, C, E and F of the consent agenda."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Regular City Council Meeting
June 23, 1999
Page Five
DRAFT
99.138
12.
A. Approval ofM~l~t~ - ~/9/99 Regular Meeti0_g
Vice Mayor Neuberger noted a correction to circle page 3 - change "handbook" to "proposed
strategic plan".
MOTION by Neuberger/Wininger
"I'll move to approve item A."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
D. Rodriguez Request for Commutlily Center - Wedding Reception
Vice Mayor Neuberger was advised the cut-off number for requiring an officer was 75 attendees.
MOTION by Neuberger/Bishop
"I move to approve item D."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
PUBLIC HJ~ARI,NG
Procedures for public hearings: (R-99-21)
o Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· Staff'Presentation
° Public Input - Limit often Minutes Per Speaker
° StaffSummation
· Mayor Closes Hearing
° CouncilAction
Anyone Wishing to Speak is Asked to Sign Up before the Meeting, IVhen Called go to the Podium and State Itis or Her Name for
the Record
Regular City Council Meeting
June 23, 1999
Page Six
D AFT
99.082 A.
Ordinallge blo, O-99-03 - Water Restriction Plan - Secorld Reading, Public H~aring and
~toption - As Revised 6/9/99 (Cil~ Attorney Transmit~ 5/20/99. 0-99-03 Revised)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Wininger opened the public heating at 7:42 p.m. and the City Attorney read revised
Ordinance No. 0-99-03 by title. He reviewed the changes and cited a revised page 8 he' had
distributed prior t° the meeting (see attached). A brief discussion followed.
TAPE I - SIDE ii (7:46 p. m.)
Being no input, Mayor Wininger closed the hearing at 7:48 p.m.
MOTION by BishopAVininger
"I would move to approve Ordinance No. O-99-03 water restriction plan as amended."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
13.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
Sal Neglia, Sebastian - offered his opinion on City Council wish lists
14. C,.OMMITI;EE REPORTS/R~COMMENDATI ONS
99.056
Board of Adjustment (City Clerk Transmittal 6/14/99, 2 Applications, Member List, Ad)
1. Interview Applicants, Unless Waived, and Appoint as Follows:
a. One Regular Member with Term to Expire June 2002 (Schmitz Position)
b. One Regular Member with Term to Expire June 2002 (Crockett Position)
Interview was waived.
MOTION by Neuberger/Barczyk
"I'd like to make a motion to appoint regular member James Schmitz as a regular member
with term to expire in June 2002 and recommend that we ad Mr. Clive Beckwith to the regular
member position with term to expire June 2002 and of course we readvertise for the two alternates."
Regular City Council Meeting
June 23, 1999
Page Seven
DRAFT
99.007
99.104
15.
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
Construction_BoaLd (City Clerk Transmittal 6/14/99, 1 Application, Member List, Ad)
1. Interview Applicant, Unless Waived, and Appoint as Follows:
a. One Regular Member Contractor Unexpired Term to Expire 9/30/2000 (Doyle
Position)
Meredith Fox addressed City Council. Discussion took place on code requirements for the P°sition.
The City Attorney said contractor certification was a preference but not an absolute requirement.
MOTION by Barczyk/Majcher
"I'd like to recommend approval of agenda item number 99.007 to appoint Meredith Fox to
the regular member to the Construction Board."
Mayor Wininger requested that voter registration identification numbers be obtained.
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - nay
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 4-1 (Nenberger - nay)
OLD BUSINESS
A. Stillman Retaining Wall ~eiltabursement (City Manager Trinomial 6/8/99, Stillman Letter 6/2/99)
Discussion took place on where responsibility lies in this matter.
The Building Director addressed City Council on the permitting procedures and timetable; the unique
location of the rear ditch on the property; and explained that during his inspection on the pool, he had
been contacted by the pool contractor relative to concems about the location of utility lines and poles
on the property. He said the pool deck was so undermined and eroded that he could not issue a
certificate of occupancy and required a stem wall. He said FPL had moved its poles and lines to the
other side of the ditch and a stem wall plan was submitted.
7
Regular City Council Meeting
June 23, 1999
Page Eight
DRAFT
Mr. Stillman addressed City Council.
TAPE II- SIDE I (8:33 p. mO
MOTION by Majcher/Bishop
"I make a motion that the City make some type of monitory restitution on possibly what it
would have cost to repair the ditch so it was," -- Mr. Bishop suggested, with the permission of the
Motioner: "$2,800' split it three ways alleviate the City of future disputes with Mr. Stillman and let
Mr. Stillman go after Final Touch and MGB for the balance of that." Mr. Majcher stated that he
would be in agreement with that. He then further stated the motion "I make a motion that we pay
restitution/compensation to Mr. and Mrs. Stillman for the sum of one-third which would be $933."
Vice .Mayor Neuberger said he believed this was a civil matter.
..~e City Attorney requested verification that this settlement would release the City from any further
obligation when the Stillmans accept and agree to this proposed plan in
"release the City upon acceptance." was added.
ROLLCALL:
Vice Mayor Neuberger - nay
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 4-1 (Neuberger - nay)
Mayor Wininger called recess at 8:43 p.m. and reconvened the meeting at 8:52 p.m. All members
were present.
16. NF.3N BUSINESS
99.140
Police Captain and Lieutenants Pay - Increase by 7% for Fiscal Year 1998/1999 - Track Pay
Increases aS Dictat¢O lly PBA Contract (City Manager Transmittal 6117/99, Payroll Analysis)
The City Manager reiterated his recommendation to increase Police Captain and Lieutenant pay to
make them equitable with Sargeants' salaries.
Rich Taracka, Coverbrook Lane, Sebastian, addressed City Council.
Vice Mayor Neuberger suggested this wait until the other exempt salary survey comes before Council
on July 7, 1999. The Finance Director said the Captain and Lieutenants' salaries are not in
Regular City Council Meeting
June 23, 1999
Page Nine
DRAFT
the survey because they chose only to track the PBA contract.
Discussion continued on authority for setting pay rates. The City Manager said it is an
administrative function once City Council has set the budget and the City Attorney agreed pay raises
are a management call under a Council/Manager form of government.
A lengthy discussion continued on the City's current budget, Captain/Lieutenants, union, etc.
MOTION by Barczy 'k/Bishop
"I'd like to recommend that agenda item 99.140 based on the input I've been receiving and
the information i've received be approved authorizing the City Manager to take the necessary action
to increase the police Captain/Lieutenants pay by 7% for the fiscal year 1998-1999 and to cOntinue
to track their pay increases as dictated by the PBA contract."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - nay
Mayor Wininger - nay
Vice Mayor Neuberger - nay
MOTION FAILED 2-3 (Majcher, Wininger, Neuberger)
99.080
]3~:llso. lllhMobility T¢le~mm~j~;a~;ioltS Facility Lease (Ciw Monager Transmjttol 6/8/99,
Agreement Extension, Original Agreement, Proposed Long Term Lease)
The City Manager gave a brief presentation on Bellsouth Mobility's request for a long term lease.
Mark Ciarfella, BellSouth Mobility, addressed Council on a request for a site at the Police station or
Public Works compound.
TAPE II - SIDE 1I (9:30p. m.)
The City Attorney said the term could be negotiated.
MOTION by Bishop/Majcher
"I move to authorize staff to negotiate the terms of a Lease Agreement between the City of
Sebastian and BellSouth Mobility for a new telecommunications facility."
9
Regular City Council Meeting
June 23, 1999
Page Ten
DRAFT
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barezyk - aye
MOTION CARRIED 5-0
17. Being no further business, Mayor Wininger adjourned the Regular Meeting at 9:40 p.m.
Approved at the
999, Regular City Council Meeting.
Martha S. Wininger
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
10
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 23, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Pastor Marcos Batista - iglesia Pentecostal El Milenia
~tOLL CALL
City Council p.resent:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
StaffPresent:
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Clerk, Kathtyn O'Halloran
Chief of Police, Randy White
City Engineer, Martha Campbell
Deputy City Clerk, Sally Maio
Regular City Council Meeting
June 23, 1999
Page Two
AGENDAMODIFICATIONS (ADDITIONS A]~iD/O~OI~J.,ETION.~
Items not on the written agenda may be added only upon a majorRy vote of Cio~ Council members (R.99.21)
99.046
PR/~AMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS '
· ~. Prese. lllt~tjon of Plaques to Empl~.yl:¢s of thC Q~ter -.F.kst Ouarter 1999 - Jerry Con_ver~se. Bucky
\ ~rbel. John Tenerowicz, Steve DiTral~O~O and Mark V~i(tt
Mayor Wininger presented certificates to the five employees of the quarter and read a brief on their
renovation of the City Manager's office.
CITY ATTORNEY MATTERS
CITY MP~Nfi..G!~R MATTEP~
9. CITY CLERK MATTERS
2
10.
CITY COI. q~CIL MATTERS
B. Mr. Barczyk
11.
99.136
CON~ENT AGENDA
All item~ on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
conz,~t agenda items unle~ a member of Cio~ Council so requests; in which eveng the item will be removed and acted upon separately.
A. Approval of Minutes - 6/9/99 Regular Meeting
Resolution No. R-99-39 - Vacation of Easement - Schleicher - Lots 7 & 8, Block 234, Sebastian
Highlands Unit 6 (Growth Management Transmittal 6/17/99, R-99-39, Application, Site Map, Staff
Report, Utility Letters)
A RESOLLrrlON OF THE CITY OF SEBASTIAN, INOIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN F. ASEMENT OVER LOTS 7 & 8, BLOCK 234, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDiNG FOR RECORDING-, PROVIDiNO FOR EFFECTIVE DATE.
99.137
Resolution No. R-99-40 - Vacation of Easement - Jabusch - Lots 15 & 16, Block 232, Sebastian
Highlands Unit 6 (Growth Management Transmittal 6/17/99, R-9940, Application, Site Map, Staff
Report, Utility Letters)
A RESOLLrrION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASElVIENT OVER LOTS 15 & 16, BLOCK 232, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDiNG FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
99.138
Do
Roddguez Request for Community Center - Wedding Reception - 7/10/99 - 6 pm to 11 pm - A/B -
Age Verified - Security Paid - Police Services Not Required Based on Number of Attendees (City
Clerk Transmittal 6/7/99, Application)
99.139
Sebastian River Area Chamber of Commerce Request for Riverview Park w/Electric - Tastes
"N" Treasure - 11/13/99 with 11/14/99 Raindate - 7 am to 10 pm - Close Indian River Drive
Harrison to Fcllsmere - Close Fellsmere Road from Hess to Indian River Drive (City Clerk 6/8/99,
Chamber 11/13/99)
99.135
Change Dates for Sebastian River Area Chamber of Commerce Summer Concerts in Riverview Park
Approved by City Council on 6/9/99 (City Clerk Transmittal 6/15/99, Chamber Letter)
The City Manager read the consent agenda and the ~ey rem Resolution Nos. R-99-39 and
R-99-40 by title. It was noted that there is another~evised da~l~or item F (see memo attached)
MOTION by
I move to approve items Q, B, C,~, E and F of the consent agenda.
4
A. Approval of Mimltes - 6/9/99 Regular Meeting
99.136
MOTION by
I move to approve item A of the consent agenda - approve 6/9/99 regular meeting minutes as
amended.
Resolution No. R-99-39 - Vacgio[0f l~asemen[ - Schloicher - Lots 7 & 8, Block 234, Sebastian
Highlands Unit 6
99.137
MOTION by
I move to approve item B of the consent agenda - adopt Resolution No. R-99-39,
Resolution No. R-99-40 - Vacation of~.~eroent - Jabusch - Lots 15 & 16, Block 232, Sebastian
[-Iighland$ Unit 6
99.138
MOTION by
I move to approve item C of the consent agenda - adopt Resolution No. R-99-40.
Rodriguez Request for Commt~ity (2e0ter - Wedding Re;~¢l>tion
99.139
MOTION by
I move to approve item D of the consent agenda.
Seb~tian Riwr Area Chamber of Commerce Request for Riverview Park w/Electric - Tastes
"lq" Irea ur
99.135
MOTION by
I move to approve item E of the consent agenda - grant the Sebastian River Area Chamber
of Commerce permission to use Riverview Park along with electrical power on Saturday, November
13, 1999 with a rain date of November 14, 1999 from 7 am to 9 pm for a Tastes "N" Treasures
event and to coordinate the requested street closures with the Sebastian Police Department.
Change Dates for Sebastiall River Area Chamber of Commerce Sun'~r (2o[~qerts in Riverview Park
MOTION by
I move to approve item F of the consent agenda - changing dates for summer concerts in the
park.
5
12.
99.082
PUBI,IC HEARING
Procedures for public hearings: (R-99-21)
o Mayor Opens Hearing
o Attorney Reads Ordinance or Resolution
· Staff Presentation
° Public Input - Limit ofTen Minutes Per Speaker
StaffSummation
· Mayor Closes Hearing
· CouncilAction
Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for
the Record
Ao
Ordinance No. 0-99-03 - Water Restriction Plan - Second Reading. Public Hearing and Final
fi~lOption - As Revised 6/9d99 f. City Attorney Transnljtt~l 5/20/99~ 0-99-03 Revise~ '
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAlq WATER RESTRICTION PLA_N; PROVE)lNG FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Wininger opened the public hearing at __
No. O-99-03 by title.
and the City Attorney read revised Ordinance
MO.TION by
I move to adopt Ordinance No. O-99-03.
6
13.
INTRODUCTION OF NE3y BUSINESS FROM THE PUBLIC
Item that lu~ occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
7
14. COMMITTEE REPORTSfRECOI~I~ENDATIONS
99.056
Board of A~iustment (City Clerk Transmittal 6/14/99, 2 Applications, Member List, Ad)
I. Interview Applicants, Unless Waived, and Appoint as Follows:
a. One Regular Member with Term to Expire June 2002 (Schmitz Position)
b. One Regular Member with Term to Expire June 2002 (Crockett Position)
MOTION by
I move to appoint James Schmitz as a regular member with term to expire in June 2002.
MOTION by
I move to appoint Clive Beckwith as a regular member with term to expire June 2002,
8
99.007
Construction Boar~ (City Clerk Transmittal 6/14/99, 1 Application, Member List, Ad)
1. Interview Applicant, Unless Waived, and Appoint as Follows:
a. One Regular Member Contractor Unexpired Term to Expire 9/30/2000 (Doyle
Position)
MOTION by
I move to appoint Meredith Fox to the regular member position with unexpired, term to
expire 9/30/2000.
9
~$. QLP ~_.U~INES~
99.10~
A. Stillman Retaining Wall Reimbursem~nl (.City Man~lgir. Tra. a~tnittal 6/8/99, Stillman [,~t~lr6/2/99)
lO
99.140
16.
NEW BUSINES~i
A. PQIj~;~ Captain and Lieutenants Pay - Increase by 7% for Fiscal Year 1998/1999 - Tra6k. P0,v
Increases as lpictated by PBA Contract (Ci~ Manager Transmittal 6/1.7/.99. Payroll Analysis)
MOTION by
I move to authorize the City Manager to take the necessary action to increase the police
Captain/Lieutenants pay by 7%for the fiscal year 1998-1999 and to continue to track their pay
increases as dicated by the PBA contract. ~-~
11
99.080
15ell~outh Mobility TelecOl~nunications Facility Lease (City Manager Transmittal 6/8/99,
A~'eement Exte/a~jOa, Original Agxe~l~ent, Proposed Long Term Lease)
MOTION by
I move to authorize staffto n~otiate the terms of a~ Lease Agreement between
the City of Sebastian adn BellSouth Mobility fc~r_.~e~£~un~_'._ca~i_.o_~_~_a_.c_~!i~ to replace the
existing temporary site.
17.
Being no further business, Mayor Wininger adjourned the Regular Meeting at (,4ll meetings shall adjourn at
lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council)
12
EMPLOYEE OF THE QUARTER
In February 1999, construction was done in the City Hall Building to provide
office space for the new City Attorney. The work was extensive and
required moving, replacing, rebuilding, reforming, electrical, telephone and
painting work to accommodate this addition to our staff.
Knowing the professional expertise and talents of our City employees, we
made a decision to do the work in-house at a cost of approximately $3,500,
which included all materials and labor. Had the City gone out 'to bid t:br an
outside contractor, this project would have cost approximately $7,200.
The quality and excellence of work performed Jerry Converse, Steve
DiTrapano, Bucky Gerber, John Tenerowicz, and Mark Veidt is a credit to
their talents and they helped to save the City approximately $3,700.
Congratulations to all the above workers on their team spirit and dedication
to the City of Sebastian.
CITY COUNCIL MEETING DATE:
ITEM NO.
ROLL C~!/,L 1
Mayor Wininger ~
Vice Mayor Neuberger ~
Mr. Barczyk /~
Mr. Bishop J
Mr. Majcher
ITEM NO.
MOTION
SECOND
MOTION ~ SECOND
ROLL CALL
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
Mr. Majcher
Mayor Wininger
ITEM NO.
ROLL CALL
Mr. Barczyk
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
ROLL CALL 4
Mr. Bishop
Mr. Majcher '[¥
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
ITEM NO.
ROLL CALL
Mr. Majcher
Mayor Wininger
Vice Mayor Neub~rger
Mr. Barczyk ~
Mr. Bishop ~/
MOTION /~/ SECOND
,~, MOTION ~ SECOND
MOTION
SECOND
CITY COUNCIL MEETING DATE:
ITEM NO.
MOTION
ROLL CALL
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
~. Bishop
Mr. Majcher
~ ~-~SECOND
ROLL CALL
Vice Mayor Neuberger
~. Bartok
~. Bishop
~. Majcher
Mayor Wi~nger~
ITEM NO.
ROLL CA!,L 3
Mr. Barczyk ~/xJ~
Mr. Bishop
Mr. Majcher
Mayor Wininger
/
Vice Mayor Neuberger /~/
SECOND
SECOND
ROLL CALL 4
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
MOTION
~ SECON~ C~,
ITEM NO.
MOTION
SECOND
ROLL CALL 5
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
I
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JUNE 23, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOR/DA
ALL AGENDA ITEMS MAYBE INSPECJTED IN THE OFFICE OF THE CITY CLERK
- 1225 ~IA1NSTREET, SEBASTIAN, FLORIDA
Individual~ will addre.~ the CiO' Council with re. wect to agenda iter~s immediate~p before deliberation of the item by the CiO, Council
- limit often minut~per zpeaker (1{-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
99.046
INVOCATION - Pastor Marc. os Batista - Iglezia Pentecostal El Milenia
RQLL CALL
AGI~NDA MODIFICATIONS (.AI)0ITI. ONS AND/OR DELETIONS)
Items not on the written agenda may be added on~ upon a majorio' vote of Cio~ Council members (R-99-21)
pROCLAMATIONS, ANNOUNCEMENTS AND/OR PRE:$ENTATIONS
A. Presentation of Plaques to Employees of the Quarter - First Quarter 1999 - Jerry Converse, Bucky
Gerber, John Tenerowicz, Steve DiTrapano and Mark Veldt
CITY AT~QRJ'qEY MATTERS
CITY MANAGER MATTERS
o
CITY CLERK MATTEP~
CITy COUNCIL MATTI~RJ
A. Vice Mayor Neuberger
B. Mr. Barczyk
C. Mr. Bishop
D. Mr. Majcher
E. Mayor Wininger
1-12
99.136
13-28
99.137
29-43
99.138
45-46
99.139
47-49
99.135
51-52
99.082
65-73
11.
12.
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unle~; a member ofCiO~ Council so ntquests; in which ~venl; the item will be removed and acted upon separate&.
A. Approval of Minutes - 6/9/99 Regular Meeting
Resolution No. R-99-39 - Vacation of Easement - Schleicher - Lots 7 & 8, Block 234, Sebastian
Highlands Unit 6 (Growth Management Transmittal 6/17/99, R-99-39, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAn, INDIAN RIVER COUNTY, FLORIDA, VACATINO A PORTION OF
CERTAIN EASEMENT OVER LOTS 7 & 8, BLOCK 234, SEBASTIAN HIGHLANDS UlqlI 6; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDINCr, PROVIDING FOR EFFECTIVE DATE.
Co
Resolution No. R-99-40 - Vacation of Easement - Jabusch - Lots 15 & 16, Block 232, Sebastian
Highlands Unit 6 (Growth Management Transmittal 6/17/99, R-9940, Application, Site Map, Staff
Report, Utility Letters)
A RE.SOLLrrION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASEMENT OVER LOTS 15 8, 16, BLOCK 232, SEBASTIAN HIGHIJdqDS UNIT 6; PROVIDING FOR
CONFLICTS HEREWrlTI; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Roddguez Request for Community Center - Wedding Reception - 7/10/99 - 6 pm to 11 pm - A/B -
Age Verified - Security Paid - Police Services Not Required Based on Number of Attendees (City
Clerk Transmittal 6/7/99, Application)
Eo
Sebastian River Area Chamber of Commerce Request for Riverview Park w/Electric - Tastes
"lq" Treasure - 11/13/99 with 11/14/99 Raindate - 7 am to 10 pm - Close Indian River Drive
Harrison to Fellsmere - Close Fellsmere Road fi.om Hess to Indian River Drive (City Clerk 6/8/99,
Chamber 11/13/99)
Change Dates for Sebastian River Area Chamber of Commerce Summer Concerts in Riverview Park
Approved by City Council on 6/9/99 (City Clerk Transmittal 6/15/99, Chamber Letter)
EuI~i, LC HEAmN~
Procedures for public hearings: (R-99-21)
· Mayor Opens Hearing
° ,dttorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input - Limit often Minutes Per Speaker
° StaffSummation
· Mayor Closes Hearing
· Council Action
Anyone I~ishing to Speak is Asked to Sign Up before the Meeting. IYhen Called go to the Podium and State His or Her Name for
the Record
Ao
Ordinance NO. O-99-03 - Walqr Restricli0n Plan - Second R~lding. Public Hearing and Final
Adoption - ds Revised 6/9/99 (City Att0_mey Transmittal 5/20/99, 0-99-03 Revised)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY;
PROVIDING FOR AN EFFECTIVE DATE.
13.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or wa~ discovered within tire previoua a-ix months which i.~ not ottterwise on the agenda - sign.up
required, limit often minutes for each speaker
14. COMMITTEE REPORTS/RECOMMENDATIONS
99.056 A.
Board of A4j~lstmcnt (City Clerk Transmittal 6/14/99, 2 Applications, Member List, Ad)
1. Interview Applicants, Unless Waived, and Appoint as Follows:
a. One Regular Member with Term to Expire June 2002 (Schmitz Position)
b. One Regular Member with Term to Expire June 2002 (Crockett Position)
99.007 B.
75-82
C0o~metion Boar~;I (City Clerk Transmittal 6/14/99, 1 Application, Member List, Ad)
I. Interview Applicant, Unless Waived, and Appoint as Follows:
a. One Regular Member Contractor Unexpired Terra to Expire 9/30/2000 (Doyle
Position)
15. OLD BUSINESS
99.10a
83-84
16.
A. Stillman Retaining Wall Reimbursement (City Manager Transmittal 6/8/99, Stillman Letter'6/2/99)
NEW BUSiNE~S~;
99.140 A.
85-91
Polic~ Captain and Lieutenants Pay - Increase by 7% for Fiscal Year 1998/1999 - Track Pay
Increases as Dictated by PBA Contract (City Manager Transmittal 6/17/99, Payroll Analysis)
99.080 B.
93.111
Bellsouth Mobility Telecommunications Facility Lease (City Manager Transmittal 6/8/99,
Agreement Extension, Original Agreement, Proposed Long Term Lease)
17.
ADJOURN (All meeangs shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City CounciO
ANY PERSON WHO DECIDE~ 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 VERBATlM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
HF. ARD. (286.0106 F. S.)
iN CObi?LIANCE ViITH THE AMERICANS WITH DISABII3TIES ACT (ADA), ANTONE gqto NEEDS A SPECIAL ACCOMMODATION FOR THI~
MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meetiog~:
· Quarterly Open Forum - Wednesday, 6/30/99 - 7 pm
o Regular Meeting - Wednesday, 7/14/99 - 7pm
· Regular Meeting - Wednesday, 7/28/99.7pm
. Worl~hop - Budget- Wedneaday. 8/4/99 - 71am
· Regular Meeting - Wednesday, 8gl 1/99 - 7 pm
· Workshop- Budget- Wednesday, 8/18/99- 7pm
· RegularMeeting - Wednesday, 8/23/99- 7pm
I
City of 5 b sti n
12~-5 Mdn Street ~ 5ebaslian, Floridn 3~D58
Telephone (561) 589-5330 0 F~ (561) 589-5570
E-mail: ci~seb~iu.net
SEBAS~N C~ COUNC~
MINUTES
REGUI~R MEETING
WEDNESDAY, JUNE 9, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Dr. Ronald D. Thomas, Jr., Sebastian United Methodist Church.
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ROLL CALL
City (]ogn~l Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neubcrger
Mr. Joc Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff Present;
Intefira City Manager, John Van Ant~-erp
City Attorney, Rich Stringer
Police Chief, Randy White
Deputy City Clerk, Sally Maio
Administrative Assistant, Linda Gall~
Regular City Council Meeting
June 9, 1999
Page Two
99.033A
go
AGENDA MODIFICATIOI~I$ LADDiTIONS AND/OR DELETION$~
Items not on the written agenda may be added on~ upon a majoriO~ vote of CiO, Council members (R-99-21}
The interim City Manager requested the postponement of item 99.133 16.E. Adopt-a-Street Program to the
next meeting; and requested addition of an item from the Chamber of Commerce for use of Riverview Park
on several dates for a series of family summer concerts (see letter of request attached).
Mr. Barczyk requested that the Recreation Committee appointment be moved to the consent agenda.
It was the consensus of City Council to delete item 16.E. as requested, add the Chamber of Coramerce use of
Riverview Park as item G of the consent agenda, and to move item 14.A. Recreation Committee appointment
to item F of the consent agenda.
PROCLAMATIONS. ANNOUNCEMENTS AI~II)/OR PRESENT3TIONS
Pres~rttation of Certificates of Completi00 to Mayor M/mha Wining.er, Councilmemb.eLEdward
Majqher and Council member Ben BiShgl~ II,Y City Clerk - Florida Institute of Goverrlroent -
institute for Elected Municipal Officials
The Deputy City Clerk read a letter from Florida Institute of Government and presented certificates
to Mayor Wininger, Councilmember Majcher, and Councilmember Bishop.
CITY ATTORNEY MATTERS
Reported on receipt of the appraisal for cemetery property west of US 1 and an anticipated rezoning
and comprehensive land use plan amendment to commercial general for the property to go before
Planning and Zoning July I, 1999
Reported on proposed Land Development Code text amendments which will be brought to Planning
and Zoning on July 1, 1999
Mayor Wininger stated she had been served by the Sheriffwith papers today relative to a lawsuit fi'om
Maxwell Contracting, and turned the papers over to the City Attorney.
CITY MANAGER MATTERS
Reported on Riverview Park expansion in light of budget cuts, stating that the Good Guys property
has been included in the grant application for the adjacent Riverview property.
CITY CLERK MATTERS
None.
2
Regular City Council Meeting
June 9, 1999
Page Three
10.
CITY COUNCIL MATTEI~
A. Mayor Wininger
Requested support for Sebastian Junior Women Club Zero Tolerance for unbuckled children
campaign
Noted "All over but the shoutingf means after the wedding ceremony you have the party
Discussed a letter from Louise Kautenberg regarding individual occupational licenses for real estate
agents. The City Attorney responded that it is customaa3t for professionals to hold individual
licenses.
Discussed a letter fi.om Barbara Lovett regarding clearing vacant properties
Inquired about refund information in Falcon cable bills. The City Attorney responded that Falcon
had mailed out guarantee messages and that he had sent language to Mr. Vickers on the refund
B. Vice Mi~gr ]qeuberger
Discussed prior Council directive on a proposal by Richard Bamhill to install benches in the City,
noting a need for school children at bus stops
Suggested the issue of service vehicles parking on streets be looked at
Requested the progress on exempt employee salaries
Said he thought Council wish lists would have been submitted for this agenda, noting only. two had
been given to the City Manager
Suggested Council members obtain copies of the Indian River County EMS handbook, expressing
concern for proposed cuts ~5~ ~
Mr. Barczyk
Reported that the Barber Street station ambulance replacement had arrived and was better equipped
than its predecessor
Asked if there was anything in the code as to how many signs are allowed on a construction site
D. [vlr. Bishoil
Suggested that the City Manager have staff attend Council meetings when they have items on the
agenda. Other Council members agreed that this was a good idea.
E. Mr. Majcher
Reported he had been informed that rental boats were docking at the CiG pier and that boat trailers
were parked in Cavcorp long term
Regular City Council Meeting
June 9, 1999
Page Four
99.033B
99.127
99.128
99.129
99.009
11.
CONSENT AGE~I)A
All itetn~ on the consent agenda are considered routine and will be enacted by one motion. There wiH be no separate discussion of
consent agenda items unle~ a member of City Councii so requests; in which eveng the item will be removed and acted upon separate~.
Approval of Minutes - 5/19/99 Special and Wish List Workshop, 5/26/99 Regular Meeting
Prior Approval for Reimbursement of Expenses - Councilmember Barczyk Attendance at 1999
Institute for Elected Municipal Officials - Ft. Myers Beach - 7/9/99.7/11/99 in Accordance with
State Limitations (City Clerk Transmittal 5/27/99, Conference Information)
Resolution No. R-99-28 - Approving Classification and Job Description for Support Services
Supervisor (Human Resources Director Transmittal 4/27/99, Job Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SOB
DESCRIPTION FOR THE POSITION OF SUPPORT SERVICES SUPERVISOR; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOL~ONS IN CONFLICT I-{EREWITH; AND PRO VIDING FOR
AN E_~'ECTIVE DATE.
Resolution No. R-99-38 - Metropolitan Planning Organization Extend Voting Membership to
Indian River County School District (Growth Management Transmittal 6/2/99, IR MPO
Apportionment Plan)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE 1999
APPORTIONMENT PLAN OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDINCr, PROVIDING FOR EFFECTIVE DATE.
Approve Veto Beach/Indian River County Recreation Department Halloween Parade on October 30,
1999 - Closing of Affected Streets to be Coordinated with City Manager and Police Chief- Use of
Riverview Park from 2 pm to 5 pm and Use of Electricity (City Clerk Transmittal 5/20/99, IRC
Recreation Letter)
Appoint Jo-Ann Webster as Set~;~stian River Area Little League Replesentative - Unexpired
Term to Expire 12/2000 - Moved Under Agenda ModOcations (City Clerk Transmittal 6/1/99,
Application. M¢~ber List)
Ch0jnb_ed' of Commer~ Request for Use of Ele~ty in Riverview Park ['or Summer Concvrts -
Added Under Agenda Modifications (Bishop Letter 6/8299)_
The interim City Manager read the consent agenda, and the City Attorney read Resolution Nos.
R-99-28 and R-99-38 by title.
Mayor Wininger removed items A and C.
Regular City Council Meeting
June 9, 1999
Page Five
99.127 C.
MOTION by Wininger/Bishop
"I move to approve items B, D, E, F and G of the consent agenda."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
fipproval of Mj0utes
Mayor Wininger noted a correction to the May 19, 1999 minutes page 3, roll call - Councilmember
Majcher should be absent and Mayor Wininger aye.
MOTION by Wininger/Barczyk
"I move to approve item A of the consent agenda."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
Resolution No. R-99-28 - Approving Classification 0nd Job Description for Supp~rt-s_¢rvi¢~
Supervisor
Mayor Wininger said she did not believe reclassifications should be on consent agendas, and that
upgrades should be requested through the City Manager. Discussion took place on the small pay
range between steps, the duties of the new position, and the staff member proposed for the upgrade.
MOTION by Neuberger/Majcher
I make a motion to deny Resolution R-99-28.
ROLL CALL:
Mr. Barczyk - nay
Mr. Bishop - nay
Mr. Majcher - aye
Mayor Wininger - nay
Vice Mayor Neuberger - aye
MOTION FAILED 2-3 (Barco'k, Bishop, Wininger - nay)
Regular City Council Meeting
June 9, 1999
Page Six
MOTION by Bishop/Barczyk
"I'd like to make a motion to approve Resolution No. R-99-28, approving the classification
and job description of Support Services Supervisor at pay grade 25."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - nay
Mayor Wininger - aye
Vice Mayor Neuberger - nay
Mr. Barczyk - aye
MOTION CARRIED 3-2 (Majcher, Neuberger - nay)
12.
P~BLIC HEARING
Procedures for public hearings: (R-99-21)
o Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° StaffPresentation
Public Input - Limit ofTen Minutes Per Speaker
° StoffSummation
· Mayor Closes Hearing
· CouncilAction
Anyone Wishing to Speak is Asked to Sign Up befor~ the Meeting, When Called go to the Podium and State His or Her Name for
the Record
99.082
Orqlinange.No. O-99-03 - Water R~¢~;i.9~ Plan - Second Reading. Public H~0ring.~dFina[
Adoption (City Attorney Transmittal 5/20/99, 0-99-03 Revised)
Abl ORDINANCE OF THE crl'Y OF SEBASTIAN, INDIAN RIVER COlJNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN' WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinanc~ No. O-99-03 by title and briefly explained its content.
Mayor Wininger opened the public hearing at 7:42 p.m..
Rich Taracka, Coverbrook Lane, Sebastian, thanked Council for this ordinance.
Mayor Wininger closed the public heating.
Concerns were expressed and a lengthy discussion followed regarding insufficient watering time
during water emergen~ restrictions, constantly resetting timers for the odd/even system.
TAPE I - SIDE II (7:48 p. m.)
6
Regular City Council Meeting
June 9, 1999
Page Seven
Discussion continued on suggestions to change the system to allow odd numbered addresses to water
on odd days, and even addresses on even days, and taking the odd/even system out of the year-round
restriction. It was suggested that staffbe provided a couple of weeks to mull over a more user
friendly system.
The City Attorney advised that an additional first reading would not be required for this type of
change, and noted the six areas of the ordinance that would have to be changed.
Discussion continued on a suggestion that all people water on the same days every other day, a
concern that people can only water four hours in the evening during emergencies but can wash
vehicles during other times of the day.
MOTION by Barczyk/Neuberger
"I'd like to move that we hold offon approval of this amendment until staff comes back with
the necess~ language that is easy to read by everybody and understood."
It was the consensus of Council to change to odd and even dates.
It was the consensus of Council to keep the odd/even system year round.
Discussion took place on a suggestion that the hours of 6 pm to 10 pm be changed, standardizing the
times for washing vehicles with landscaping irrigation times. It was suggested that the entire vehicle
provision be omitted and just stay with lawn watering restrictions.
MOTION and SECOND were withdrawu
MOTION by Barczyk/Majcher
"I'd like to make a motion that this be sent back to staff to review it to update the concerns
of the Council, mainly the odd and even days of watering, leave out the vehicle or leave it like it is
and that's about it, that's the only concerns I have."
Mr. Barczyk said he would leave it up to Council relative to vehicle washing but that he would just as
soon "leave it in"; and added "by the next meeting".
The City Manager noted that this public heating will be continued to the next regular meeting if the
only change requested is the odd/even dates and addresses.
ROLLCALL:
Mr. Majcher - aye
M%'or Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
7
Regular City Council Meeting
June 9, 1999
Page Eight
13.
INTI~ODUCTION OF NEW BUSINESS I~]~OMTHE PUBLIC
Item that has occurred or was discovered within the previou~ six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
Rich Taracka, Coverbrook Lane, Sebastian
· stated that sergeants' salaries will exceed that of lieutenants in the 2nd and 3rd years of the union
contract
· expressed concern for low salary for Chief of Police
· stated Strategic Planning Committee did not want to see a trolley system on Indian River Drive
Vice Mayor Neuberger noted that the Metropolitan Planning Organization is proposing a Community Coach
route on Indian River Drive in the future.
Tut Counelly, Sebastian
· Suggested lieutenants' pay be looked at by the Budget Review Board
· Talked about Tom Gustafson
Sal Neglia, Georgia Boulevard, Sebastian
· Said trolleys would only benefit businesses
Louise Kautenberg, Sebastian
· Requested Council look into the requirement for individual licenses for real estate agents
Harry' Thomas, Sebastian (given opportunity to speak by Council consensus)
· Said he objected to occupational licensing because it is only a form of taxation
· Reported on the MPO Citizens Advisory Committee plans to recommend extension'of fixed
transportation routes into Sebastian
TAPE II-SIDE I (8:35 p.m.)
14. COMMITI'EE REPORTS/RECOMMEI'qDATIONS
A. Recreation Advisory Board
99.009
Appoint Jo-Ann Webster as Sebastian River Area Little..League.g. qlpresentative - U~:3pired
Term to Expire 12/2000 (City Clerk Transmittrl[6/l/99,_Applicotion. Member List)
Moved and approved under consent agenda.
Mayor Wininger called recess at 8:37 p.m. and reconvened the meeting at 8:52 p.m. Ail members
were present.
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Regular City Council Meeting
june 9, 1999
Page Nine
15. OI,,D B_UShNES~
None.
16. N'~W BUSib'ES~
99.042 A.
l~e$olution No. R-99-37 - C~y Manager Employmen[/kgreement with Terren¢~ Moore (City
M~ager Transmittal 6/3/99. ~b99-37, Employment P, 10'eement, Excerpt of Frame Agreemen0
A RESOLU'rlON OF THE CITY OF SEBA~TIAbl, IlqDIAN RIVER COUNTY, FLOR.IDA, AUTHORIT. ING THE MAYOR
AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT FOR TERRENCE MOORE TO SERVE AS
CITY MANAGER; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
The City Attomey read Resolution No. R-99-37 by title.
Mayor Wininger suggested 1) deleting the requested living allowance due to the fact that tile City
Attorney did not receive one; 2) leaving termination pay as that approved for the City Attorney; and
3) changing the start date to 7/6/99.
Terrence Moore addressed City Council and concurred with the Mayor's suggestion to change the
start date, and relinquished his other requests. The City Attorney stated that Mr. Moore's requested
termination pay and living expense issues had not been included in the drait agreement.
MOTION by Wininger/Neuberger
"I'll move to adopt Resolution R-99-37, approving the Employment Agreement between the
City of Sebastian and Mr. Moore as amended"
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop ~ aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Mr. Moore expressed his gratitude to City Council and stated he would work to the best of his ability
for the City. Two original employment agreements were executed by all parties and one original was
given to Mr. Moore at this time.
Regular City Council Meeting
June 9, 1999
Page Ten
99.130 B.
99.131 C.
99.132 D.
Purchase of 192_~f..orql F-150 for BuildingDepartmqnt in.the Amount of $1,3.553.00 piggybacking
Florida Sheriffs Association & Florida Associatiqn of Counties Bid Contra, ct//98-06-0914 - Dural
Ford Central (Building Director Transmittal 6/2/99, ~tate (2ontract.
MOTION by Neuberger/Majcher
"I make a motion to approve agenda item 99.130 for a 1999 Ford F-150 pickup truck in the
amount of $13,553.00 and it does have an extended warranty, six years, $100,000 miles."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
Award Bid for Painting Potictl~l~anentto VIP Painting of Cor01 Springs in the AmolmLg_f,
~7.800 (PW Director Transmittal 612/99)
The interim City Manager stated this was the only bid received and that references had been checked.
Discussion took place on the referenced credit of $1600, the high cost, possibility of using employees
or rebidding, and the need for further information.
Tut Connelly addressed City Council.
The interim City Manager said the bid process must be followed, Council could reject this bid if it so
chooses, and then a rebidding process could be undertaken.
Following further discussion on rebidding the project, breaking down the project, and the need for
further information, it was the consensus of City Council to have this item brought back with more
information at the next regular meeting.
Authorize CiO Manager to Ac~;~l~_[h¢ 1999 COPS Grant for One Additional Police Officer (Police
Chief Transmittal 6/1/99LGraot Award
Tut Connelly addressed City Council.
Chief White addressed City Council and a lengthy discussion on ratio of officer to population and
crime statistics followed.
TAPE II- SIDE II (9:37p. m.)
10
Regular City Council Meeting
June 9, 1999
Page Eleven
99.133 E.
99.134 F.
MOTION by Bishop/
"I would move to authorize the City Manager and Police Chief to accept the new 1999
COPS grant for one additional police officer."
Motion died for lack of a second.
Adopt-A-Stzeet PrOgram_wilh Keep Indian_River Beautiful Parmership (City Manager Transmittal
6/3/99)
Postponed to June 23, 1999 during agenda modifications.
Chamber of_Commerce Buildings (City Attorney Transmittal_ 6/2/99, 1978 Deed and Agreement,
1/22/97 L~se and Agerlqta TransnlittoD
The City Attorney gave a report on the City's agreements with the Chamber of Commerce for the
1302 U.S. 1 and 700 Main Street sites. He stated the quit claim deed and agreement for the U.S. 1
site contains a requirement that the property be used for Chamber purposes and would revert to the
City at such time as it ceases to be used for such purposes or the Chamber dissolves.
He further discussed legal requirements for disposal of surplus property as set out by Florida law and
City Code, and the legality of the U.S. 1 property agreement.
Kathleen Bishop, Executive Director for the Sebastian River Area Chamber of Commerce, stated that
the Chamber is currently using both sites.
Sal Neglia, Sebastian, on behalf of the Sebastian Property Owners Association, expressed concern
for the way the building is being used by Weight Watchers and Red Cross for a fee to the Chamber,
and suggested the U.S. 1 site revert back to the City.
The City Attorney offered three options to resolve the issue of the use of the U.S. 1 site as follows: 1)
that the City file for declaratory action in the court; 2) that he be directed to obtain an Attorney
General opinion which would ultimately be only an opinion; or 3) try to resolve the issue with the
Chamber of Commerce.
In response to inquiry., Ms. Bishop stated there is one restroom inside and two restrooms with access
from the outside of the U.S. I building; and noted the two outside restrooms need repair and
maintenance.
11
Regular City Council Meeting
June 9, 1999
Page Twelve
17.
MOTION by Neuberger/Majcher
"I'd like to make a motion that the City Attorney meet with the Chamber people or
Chamber attorney and see if they can resolve this matter in a way that would be equitable to both
sides."
The City Attorney recommended he be directed to meet with an administrative person.
"and we put a thirty day cap on that." was added by Vice Mayor Neuberger and Mr. Majcher.
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
Being no further business, Mayor Wininger adjourned the Regular Meeting at 9:57 p.m.
Approved at the
,1999, Regular City Council Meeting.
Martha S. Wininger
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
12
City of Sebastian, Florida
Subject: Resolution No. R-99-39
Vacation of Easement - Schleicher
Lots 7 & $, Block 234 Sebastian Highlands
Unit 6
Approved for Submittal by:
Exhibits: 1) 11.-99-39 2) Application
EXPENDITURE
REQUIRED: None
Agenda No.
Department Origin: Growth Management
(TH)
Date Submitted: 6/17/99
For Agenda of: 6/23/99
3) Site Map
AMOUNT BUDGETED:
None
4) StaffReport 5) Utility Letters
APPROPRIATION ..
REQUIRED: None
S~Y
This is a request for a vacation of the public utility and drainage easement located on the west six (6)
feet of Lot 7 and the east six (6) feet of Lot 8, Block 234, Sebastian Highlands Unit 6, less the
south ten (10) feet thereof. Applicant wishes to construct an aluminum awning in the easement
area.
Adopt Resolution No. R-99-39.
RECOMMENDED ACTION
RESOLUTION NO. R-99-39
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF CERTAIN
EASEMENT OVER LOTS 7 & 8, BLOCK 234, SEBASTIAN
HIGi~LANDS UNIT 6; PROVIDING FOR CONFLICTS I~EREWITH;
PROVIDI~qG FOR RECORDING; PROVI~DING FOR EFFECTIVE
DATE.
WHEREAS, an application has been submitted for addition of an awning onto a single
family home across a double lot at 468 Seagrass Avenue within the City of Sebastian; and
WHEREAS, the owner of said home seeking to build said addition has filed a
request for abandonment of a portion of the public utility and drainage easement along the
interior lot lines of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities
have all consented to abandonment thereof,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The westernmost six (6) feet of Lot 7, and the easternmost six (6) feet of Lot 8,
all being in Block 234, Sebastian Highlands Unit 6, as recorded in Plat Book 5,
Page 94, of the Public Records of Indian River County, Florida, all less and
except the southernmost ten (10) feet thereof,
all located within the City of Sebastian, Indian River County, Florida
Section 2. CONFLICT. Ail resolutions or pans of resolutions in conflict
herewith are hereby repealed.
Section 3. RECORDING.
records of Indian River County, Florida.
Section 4.
upon its adoption.
This resolution shall be recorded in the public
EFFECTIVE DATE. This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day
of June, 1999.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Martl~a S. Wininger, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
Permit Application No.
City of Sebastian
Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Phone Number. (-5~ / ) k.¢ ~"~' ' ¢~,.~7~ FAX NUmber. ( )
Owner (If different from applicant)
Name:
Address:
Phc. ne Number:. ( ) -
-E-Mail:
· ' FAXNumben ( )
IType of permit or action requested:
PLEASE COMPLETE QNLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, ORAWINGS, ETC. SHALL BE A ~--FACHED ANO 81/2' BY 11" COPIES OF ANY ATTACHMENTS
SHALL 8E INCLUOED. ATTACH THE APPROPRIATE SUPPLE. METAL INFORMATION FORM.
Project's Name (if applicable):
B. Site Information
Indian River County Parcel
Zoning Classification:
Future Land Use:
F. xisting Use:
Proposed Use:
C. Description of proposed acti¥ity and purpose of the reque~ed permit or action (attach e~ra sheets if
necessary):
RECEIVED: ..5- /gO/ ??
cD-2oo~ I
~r~ved: 08/27/97 I Rev¢~ion:
FEE PAID:
Pa~e f of 3,
RECEIVED BY: ~ttZ---
I Develcpment Applicadcn
I F~le Name: Dca
-D. Project Pemannel:
Agent:
Name:
Address
Phone Number:. (
FAX Numben ( )
Permit Application No.
E-Mail:
Attorney:
Name:
Address
Phone Numben (
E-Mail:
Engineer:
Name:
Address
FAX Number:. ( )
Phone NumbeF. (
E-Mail:
FAX Number:. ( )
Surveyor:
Name:
Address
Plncne Numbem (
E-Mail:
FAX Number:. ( )
, BFJNG FIRST DULY SWORN, DEPOS.= AND SAY T'HA~ ~IAM THE OWNER
I L
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY 0ESCRIBED WHICH IS THE SUBJECT ,MAI'TF-R OF THIS
APptrCA~(;3N, AND TH. AT ALL THE INFORMAT'[CN, B~APS, DATA ANC/CR SK,-~'TCHES PROVIDED IN THIS APPtlCATION ARE
I ACCUFL-~.~¢_. AND TRUE. TO THE BEST OF ,MY ~NOWLE. BGE AND
· ~IGNATUR_ DATE.
i ~,'ICRNTOANCSUBSCRIBE'DBE~ORE,MEaY ~)l~) '~
WHO IS 9[RSCNALLY K~NC~IN TO ME OR PRCCUCE. g I~/.~ ~
I ' ~ ~ F II , 1911
As,OE,,m .CA,,c, .THiS DAvo / N '
I
{ Accmv~: 08/27/97 I Revi~icn:
erm~ Applica~on Na.
The following is required for all comprehensive plan amendments~ zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
JJ~, .~"~HE QWNER(.~ ~ THE ~GAL REPRES~NTA~VE OF ~E OWNer ~F TH~ PROP~R~ O~SCRI~D WHICH IS TH~
SUBJECT OF ~lS APPLICATION, HERS~Y AUTHQR~ ~CH AND ~RY MEMBE~ OF ~E ~[~ ~1~
BQARD/CQMMISSICN ~F THE C~ QF SEBASTIAN (~E '~QARD"~COMMISSICN~ TO PHYSICALLY ENTER UPON THE PRCPER~
AND VI~N ~E PRCPER~ IN CONNEC~ON WITH ~/OUR PENDING APPUCA~ON.
JJ~/VE HEREBY WAIVE ANY OBJECTION OR [3EFENSE I/M/E MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCE~.DING$, RESULTING FROM ANY BOARD/COMMiSSION MEMBER ENTERING OR VIEWING THE r~ROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER T'NE FLQRIOA
CONSTITUT~CN OR THE UNITED STAT~$ CONSTTrlJTIQN WERE VIOLATED BY SUCH ENTERING OR VIBNING.
THiS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PRCMiSE.S MADE, BY.ANY EMPLOYEE, AGENT, CONTRACTOR OR QFFIC~L OF THE CiTY OF SEBASTg-~N.
vglGNAT~JR~" · DATE
Swam to and subscribed before me by /"~IS
who is pemonally known tp me or produced
o¢
Pdnted Name of Neta~
Cemmissien NeJ~piratio~
Revisien:
Pa¢e 3 of $
DeYeicpment Appli¢3tJcn
File Name: Cea
Permit Application N~.
Supplemental Information
Easements, vacation of
Describe the easement to be vacated (provide a legal description, if possible):
Why is this vacation of an easement being request?.
3. Attach a survey showing the location of the property lines, all easements and all
structures on the property.
Form CD- 20O9
A~Droved: 8/27/97
I
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Page I of ~/
YacarJon ~f Ea.~ement:s
File Name: Siea~ev _
\o
F"
DESCRIPTION
Lots 7 & 8 Block 234, SEBASTIAN HIGHLANDS UNIT 6,
according tn tbs Plat thereof as recorded in Plat
~ook ~ PaRe 96 of the I'.blic 'Records of Indian
River County, FlorJtla.
BOUNDARY SIJRVgY WITH IMPROVEMENTS
FOR
WaJ. Cer G. & Lots A. Schtetcher/
ALSO CgRTIFIMI) TO: N/A
. ] Y. ~t~ko-p2
JJ- 7 - 9 2 gOUNDARY & PLOT Pi,UN _
?areal lies in Sec, II, T~p. 31~,, Rag.38
LOT CONTAINS 20000,0 square feet ef 0.46
;~c~e~ mote o~ Iess
S~VgYOR'$ NOTES:.
1. Bearing~ based on Record Plat line as
~s shown on above sketch of survey indicated
by ( BASIS OF BEARING LINg}.
2. Location of underground utilities end
underground foundations are not abstracted
and have not been located as part of this
surve7 except as shown.
]. Froperty situated in FLOOD ZONE
~ccordinM to FIRM MAP of [nd[an Rivet County,
~lorida, map number 12061CDO78E
a. glevaCions (if shown) are based on
assumed datum.
5- This survey was prepal:ed without benefit
................................................. mot i.di¢ate all encumb~.'ilnccs a££eCting
/ LX s ..........
ItC,
sub jet: property.
C"KRTIIqCAIION
NOT VALID UNLESS
F~O$3E~ WT'rH
SURVI~YOR'S 5qtAL
ABANDONMENT OF EASEMENT
Staff Report
Project Name:
Property of Lois Schleicher
Requested Action: Abandonment of the public utility and drainage easement located on
the west six (6) feet of Lot 7 and the east six (6) feet of Lot 8, Block 234, Sebastian
Highlands Unit 6, less the south ten (10) feet thereof.
Project Location:
a. Address: 468 Seagrass Avenue
b. Legal:
Lots 7 and 8, Block 234, Sebastian Highlands Unit 6
Project Owner:
a. Name: Lois Schleicher
b. Address: 468 Seagrass Avenue
Sebastian, FL 32958
Project Agent:
a. Name: N/A
b. Address:
Project Description:
a. Narrative of proposed action: Application has been made for abandonment of the
public utility and drainage easement platted on the west slx (6) feet of Lot 7 and the east six (6)
feet of Lot 8, Block 234, Sebastian Highlands Unit 6, less the south ten (10) feet thereof. The
applicant wishes to construct an aluminum awning in the easement area. Applicant has also
combined the lots with a Unity of Title.
I
b. Zoning: RS-10 I
c. Future Land Use: LD I
d. Existing Land Use: Residence
7. Utilities Comments: i
a. Florida Power & Light: approved I
b. Southern Bell: ' approved
c. Falcon Cable: approved i
d. Indian River County Utilities: approved I
e. City Engineer (drainage): approved I
8. Growth Management Director Comments: none
9. Staff Recommend tion: Approve Resolution R-99~39. i
Preparedb~,.~ ~ Date~_/7~ c~ I
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MAY. 27. 1999 8: 23AM BLDG DEPT SEBASTIAN
City of Sebastian
1225 ~ STREET 0 SEBASTIAN, FLOKIDA 32958
TELEPHONE (561) 589-5537 12 F.q,X(561) 589-2566
N0.587
REOUEST FOR ABANDONMILNT OF EASEMENT
May 26, 1999
Description of Easement to be abandoned: The public utility and drainage easement located on
the west six (6) feet of Lot 7 and the east six (6) feet of'Lot 8, Block 234, Sebastian '
Highlands Unit 6, less the south ten (10) feet thereof.
UTILITY:
APPROVED:
Pedro Rubiera, I~P & L
DEN-lED:
(signature)
APPROVED/DENq]ED BY:
FAX NO: (561) 489-6266
CO,.'vL--'v~NT S:
R ~ti1m ~o,
Jan King, City. of Sebastian, Community. Development Department
Fax No. (561) 559-2566.
BELLSOUTH AUIATION BLUD -~ 561589256~
D'~LA.~ U~J~ I 5~'-~ I I;4~4
N0.691 P001 I
~40.526 P.3
City of $~astian
1225 MAIN STREET [~ S]]23~T~. FLOP, IDA 32958
T~'~I~HON]~ (561) 589-55'37 ~ FAX (561) $89-2566
i
I
May 26, 1999
D_~ctiptioa of Easement to b~n~n~: ~ pubic u~ ~d ~ ~ ~ ~
~ w~ ~ (6) ~ ofL~ 7 ~d ~ ~ ~ (6) f~ of Lot 8, Blo~ 234, Seb~'
I
I
UTILITY: Richard Brawn, Bell Sou~ FAX NO: ~62-S180
APPROVED: ~-'~-' D~IED:
I
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Retur~ tO:
King, City of Sebastian, Comm~air~ Development D~pm-tmem
P~x No, (561) 589-2566.
POi
NU, ~'b~ I'~, -'~
May26,1999
Descrll~tlon of 2asemen~t to b~e abandoned: The public utfli~ ~ ~ ~~ lo.ted on .
· e we~ s~ (6) feet of Lot 7 ~d the e~ s~ (fi) f~t of Lot ~, Block 234, 5ebes an
~g~ds U~t 6, l~ the ~u~ (10) fe~ ~eof.
UTILITY: Ken Vlcke., Falean Cable
FAX NO~ ~89-3~71
APPI~.OV~D: ~
APPR.OVED/DENIF~ BY:
DE.N~: DATE:~~_~_
COMMENTS:
Retur~ to:
Jan King, Cie2' of Sebastian, Cornmu,'-.ity Development Department
Fax No. (561) 589-2566.
M~Y. 27. 1999 @: 3~4M BLDG
D~=T SEBASTI;;M 1'40. 589 Po 3 i
!
I
Ci~ o~ Sebastian
1225 ~ $Ilt~F~T 0 REBASTIAN, FLOR]DA. 3295&
TELEPHOI~ (561) 589-5537 0 FAX (561) 589-2566
May 26, 1999
I~OUE,gT_FDR A~ANDONMENT OF EAS.EMY. k-NT
D~¢~qOtion of Easement to be abandoned: Tli~ public ufiliIy ~nd dliinage ~as~m~t loca~d on
the we~t ~x (6) f~ o£Lot 7 and the east six (6) £~et of Lot 8, Biock 234, gebaatiaa
Highla~ Unit 6, Ie~s the south tea (10) feet ~ereof.
UTILITY: Terry H. Drum, I. tLC. Ufiliti~ FAX NO: 770-~143
APPROVED: X - DBNTk~:. DATE'. ~'-/~7/ff
COM3,,~S:
Jan ~ City of Sebasthn, Commu~ Devdopment Departmcut
Fax No, (s~l)
I
MAY. ~?. 1999 8: 32AM BLDG ~,EPT SEBASTIAN
City of Sebastian
1225 MAIN STRICT 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 £ FAX(561) 589-2566
r'.lo. ~31,3 P. 1
~Qk'E_S_T FO_Il ABAICI[Q_.I~. ,.'J~T. OF EASEMEh~r
May 26, 1999
Description of Easement to be abandoned: The pub}it utility and drainage easement located on
the west six (6) feet of Lot 7 and the east six (6) feet of Lot 8, Block 234, Sebastian
Highlands Unit 6, less the south tea (10) feet thereof.
UTILITY: Martha Campbell, City Engineer
I
I APPKOX'rED/DENTED BY:
(signature)
FAX NO: ~89-6209
CONfiMENTS:
~eturn to:
Jan King City. of Sebasuau. Community. Develepmem Department
Fax No. (561) 589-2566.
Subject: Resolution No. R-99-40
Vacation of Easement - Jabusch
Lots 15 & 16, Block 232, Sebastian
Highlands Unit 6
Approved for Submit~/~. by: '
/ Exhibits: 1) R-9940
EXPENDITURE
REQUIRED: None
City of Sebastian, Florida
Agenda No. q~-/3 7
Department Origin: Growth Management
(TH)
Date Submitted: 6/17/99
For Agenda of: 6/23/99
2) Application 3) Site Map 4) StaffReport 5) Utility Letters~
AMOUNT BUDGETED: APPROPRIATION
None REQUIRED: None
SUMMARY
This is a request for a vacation of the public utility and drainage easement located on the ~
south six (6) feet of Lot 15 and the north six (6) feet of Lot 16, Block 232, Sebastian Highlands
Unit 6, less the east ten (10) feet thereof The owner wishes to construct a new home on a double
lot.
Adopt Resolution No. R-99-40.
RECOMMENDED ACTION
RESOLUTION NO. R-99-40
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF CERTAIN
EASEMENT OVER LOTS 15 & 16, BLOCK 232, SEBASTIAN
HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, an application has been submitted for construction of a single
family home across a double lot at 325 Seagrass Avenue within the City of Sebastian; and
WHEREAS, the owner of the land upon which said home shall be built has filed a
request for abandonment of a portion of the public utility and drainage easement along the
interior lot lines of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities
have all consented to abandonment thereof,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE crrY
OF SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The southernmost six (6) feet of Lot 15, and the northernmost six (6) feet of
Lot 16, all being in Block 232, Sebastian Highlands Unit 6, as recorded in Plat
Book 5, Page 96, of the Public Records of Indian River County, Florida, all less
and except the easternmost ten (10) feet thereof,
all located within the City of Sebastian, Indian River County, Florida
Section 2. CONFLICT. )dl resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in the public
records of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a
vote, the vote was as follows:
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day
ofJune, 1999.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Martha S. Wininger, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
Permit Application No.
OCity of Sebastian
Development Order Application
Applicant (if not owner, written authorization (notarized) from owner is required)
Name: T,'9 ,'V'?~ ,,7-,g
Phone Number:. (7/~) Z'/-7~ - ~ ~ ,.~O FAX Number:. ( )
-E-Mail:
Owner (if different from applicant)
Name:
Address:
Phone Number. (
-E-Mail:
) . FAX Number. ( )
[Tym~ of permit or action requested:
P ~LEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECES.~ARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES CF ANY ATTACHMENTS
SHALL BE INCLUOED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project's Name (if applicable):
B. Site Information
Address: 3 ~
Lot: Block: Unit:
' indian River County Parcel ~
Zoning Classification:
E~bdng Use:
V/~CR /v'F
Subdivision:
Future Land Use:
Proposed Use:
I
I
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-C. Description of proposed activity and purpose of the requested permit or action (attach ext~ sheets if
I
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RECEIVED:
¢'/~/?? FEEPAID: $ /O¢, a<~ RECEIVED BY: /~ ~
[ Page I of 3
J Revision:
j Development Application
J FTie Name:
Permit Application No.
D. Proj~c~ Pers(~nnel:
Agent:
Name:
Address
Phone Number. ( ) - FAX Number:.
E-Mail:
Attorney:
Name:
Address
Phone Number. ( ) - FAX Number:.
E-Mail:
Engineer:
Name:
Address
Phone Numbe~ ( ) - FAX Number.
E-Mail:
Surveyor:
Name:
Address
Phone Number. ( ) - FAX Number,
E-Mail:
J, . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT:. J AM THE OWNER __ I
AM THE LEGAL REPRESENTATiVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH 18 THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, ,MAPS, DATA ANO/OR SKETCHES PROV1DE~ IN THIS APPUCA~ON ARE
ACCURATE AND TRUE TO THE BEST OF MY K~qOWLEDGE AND
.__.._
SiGNAT1JRE~' . DATE
~W(3RN TO AND SUBSCRIBED BEFORE ME BY ' J ~'L~,~ ~ '~c,~ ~. 5,_/-.
WHO IS PERSONALLy KNOWN TO ME OR PRODUCED ( ~ ~
AS IBENTIFICA%ON, THIS DAY OF
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./~PIRATI~N
DAVID FARRELL
Notary Public, Slate of New York
No. 02FA5067739
Qualified in Queens County
Commission E~pi~es Octsber 2% ~
Form CD-200'I
Approved: 08/'27/97
[ Revision:
J DeYetcpment Application
I File Name: Dca
Permit Application Na.
The feilewin9 is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits~ var~ances~
exceptions, and appeals.
IJ~VE, __ THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PRCPERTY DESCRIBED WHICH I$ THE
SUBJECT OF THIS APPUCATiON, HEREBY AUTHQRtZE EACH AND EVERY MEMBER OF THE
BOARD/CCMMiSSION OF THE CiTY OF SEBASTIAN (THE "BOARD'/"CCMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY
AND VlE~N THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/~JVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY E~OARD/COMMiSSICN MEMBER ENTERING OR VIE1NING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITLr~ON WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THiS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNA -
.,,.---~'~' ...~., · ·
Swum to and subscribed before me by I ~,~,,...,~ .__)~_½:, ..~
who is personally known to me or produced /.~ z;~,~_
as identification, this ].Z"' day of ~'~,-.:.-c~ ,19 c~ ...
~nt~ Same of ~ta~ ~2.-~A ~'-,~,-,x~( [
Commission No,l~piration ~ c'~ ~
Seal:
DATE
DAVID FARRELL
Notary Pufltic, State of New York
No. 017~5~67739
Qualified in (~.~:e~;s County
Commission Expire-'.' October 21, ~
CD..2o01
08/2-;/97
Pave 3 of 3
Revision:
Development Application
Fife Name: Doa
Permit Application No.
Supplemental Information
Easements, vacation of
Descdbe the easement to be vacated (provide a legal description, if possible):
2.
Why is this vacation of an easement being request?
3. Attach a survey showing the location of the property lines, all easements and all
structures on the property.
IForm CD-2009
A.l:proved: 8/27/97
I P'~7e f of 'l
I Revision:
Vacation of Easements ]
File Name: $iea~e¥
' m
..... ~. _ .~~__%_ _ ~ .... ~ ~ ~ -o~
ABANDONMENT OF EASEMENT
Staff Report
Project Name: Property ofTanya Jabusch
Requested Action: Abandonment of the public utility and drainage easement located on
the south six (6) feet of Lot 15 and the north six (6) feet of Lot 16, Block 232, Sebastian
Highlands Unit 6, less the east ten (10) feet thereof.
Project Location:
a. Address:
b. Legal:
Project Owner:
a. Name:
b. Address:
Project Agent:
a. Name'
b. Address:
325 Seagrass Avenue
Lots 15 & 16, Block 232, Sebastian Highlands Unit 6
Tanya Jabusch
254-07 75~ Avenue
Glen Oaks, NY 11004
Carroll Simes
Simes Construction Company, Inc.
4040 Hickory Street
Sebastian, FL 32976
Project Description:
a. Narrative of proposed action: Application has been made for abandonment of the
public utility and drainage easement platted on the south six (6) feet of Lot 15 and the north six
(6) feet of Lot 16, Block 232, Sebastian Highlands Unit 6, less the east ten (10) feet thereof.
The owner wishes to construct a single family dwelling on a double lot.
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b. Zoning: RS-10 'l'
c. Future Land Use: LD
d. Existing Land Use:Vuant I
7. Utilities Comments: I
a. Florida Power & Light: approved
b. Southern Bell: approved I
c. Falcon Cable: approved I
d. Indian River County Utilities: approved
e. City Engineer (drainage): approved
8. Growth Management Director Comments: none I
9. Staff Recommendation: Approve Resolution R-99-40. I
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Prepared by i
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L_~MAY.~7.1~9D 8:2~AM BLDG DEPT SEBASTiAM M0.527 P.B
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i City of Sebastian
I TEL~O~ (56t) 589-5537 E F~ (56~) 589-2566
i ~y 26, ~999 ~O~ST ~R ABXN~O~Y OF ~ASE~NT
Description of Easement to be abandoned: TM pubfic u~W ~d ~i~ e~em~t lo.ted on
~e south six ~6) feet of Lot 15 ~d the no~ ~x (6) feet of Lot 16, Block 232,
I Hig.~ds Umt 6, less ~e e~t ten (10)f.t thereof.
UT~. Pedro Rubies, FP & L F~ NO: (561) 489-6266
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COUNTS:
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R~m to: ~an ~ng, C~ty of Sebas~s Co~~ D~elopmem Depmm~t
~' Fmx No, (561) 589-2566.
I
05×28xS9
08:~0 BELLSOUTH AUIATION BLUD ~ 5615892566 N0.691 P002 I
ct~ of
122~ ~ S~T 0 S~T~, ~O~A
l%~ay 26, 1999
Degcril~tion .gf_Eassm_~nt to be ~tbsndou~l: The pu~ u3il]~ and ~ ~ located on,
the sot."~ ~x (6) feet of Lot 15 an~ the north s~x (6) fe~t of Lot 16, Block 23:2, Sebastian
~F~lam~ U~it 6, le~ thc cast ten (lO) f~.~ ~hereof
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UTILITY:
APPP. OVEI): ,----'
APPP. OVt~D/D~ BY:
Rkh.~d B~wn, Bell $ou~
(~8mmre)
FAX NO; 562-5180 I
DATE: ~.,~~ ~'
,_
Ian ~ Cil7 of Seba~an, Commu~ty Development
F~ No. (561) 589.2566.
PO2
I08 01. 99 12:50 "
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I Cay o£
1225 MAIN S~T :~ SF..BASTIAN, FLOR/~A 329~
~0~ (5~1) 5~5537 ~ ~ (561) 589-2566 ·
~ M~y26, 1999 . ' .
~e sou~ ~ (6) ~ °tNt 15 ~d ~s no~h ~ (~ f~ of Lot 16, Block 232,
I ~PRO~: ' ~ D~: ........ DA=;
I (~~)
i CO
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I R~m ~o: J~ otSeb~fi~ C ~ D~lop ~ D~ent
~ No. (561)
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1
Mly26,1999
D~¢t'it)tion of Easme,,t..to be abandaned: T)m public ufilit7 and drainage easement loca~ on
the sort&/ix (6) £ee~ oeLot 15 and the north six (6) feet o£Lot 16, Block 232, Sebastian.
Highlanda Unit 6, le-.. th~ ~ ten (10) feet thereof.
FAX NO:
DATE:
770--~143
UTILITY: Terry K Dnun, LI~C. Urilifie~
APPKOVED: ~-~ D~NIF_.D:
COMlk~.NTS:
Jan Kin~ City of Scbaztiau, Com-ruuiW Development Department
Fmx No. (561) 51t9-2566.
I MAY. ~~
I 8: 3~AM BLDG DEPT SEBASTI~fl
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City of Sebastian
1225 M.~q STREET 0 SEBAS~, FLORIDA .32958
~HONE(561) 589-5537 ~ FAX(56i) 559-2566
NO. 530 P. 3
REOUE. ST F_O_R__AB~ _.N3EENT OF EASEMENT
May 25, 1999
Des_criprion oXEas_ement_to_b.e aband.o.n.~: The public utility and draina~ easement located on
the south six (6) feet of Lot 15 and the north slx (6) feet of Lot 16, ~llock 232, Sebastian
Highlands Unit 6, less the east ten (10) feet thereof.
UTILITY:
APPROVED/DENrI~ED BY:
Martha Campbell, City Engineer
DENIED:
(signature)
FAX NO: 589-6209
DATE:_ ~ - ~_~ qc~
CO~'v~ME~S:
Return to:
Jan King, City. of Sebastian, Community Development Department
FaxNo. (561) 589-2566.
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City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Telephone (561) 589-5330
FAX (561) 589-5570
Subject: Request for Rental of Community Center
Approved for Submittal by: City Manager
Exhibits: Application Dated 6/7/99
Expenditure Required: [
Agenda No. ~
Department Origin: City Clerk
Date Submitted: 6/7/99
For Agenda of: 6/23/99
Amount Budgeted: I
SUMMARY S'rATEMENT
Appropriation Required:
An application has been received from Yolanda Rodriguez requesting the use of the
Community Center for a Wedding Reception on July 10, 1999 from 6:00 PM till 11:00 PM.
As required by R-98-43, Section 1 (B), she is requesting permission to serve alcohol at the
event
Proof of age has been verified and the security deposit has been received.
Police Services are not required.
RECOI~IENDED ACTION
Consider the request and act accordingly.
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CITY OF SEBASTIAN I
RENTAL PERMIT APPLICATION
roME OF PERMI~EE:.~O~~ ~ ~ e I /~ ~
No. Slreet City
PHONE ~ ~b/'Gg5 ~ILING ADDRESS: ~g. ~ s ~ ~o O Z
NAME OF GROUP OR ORGANIZATION: ,~-O. & O.
REQUES~D DA~: ~ ~- /~- ~ TIME: From: [~o
;/ '".,//~.~,=,, Office Use FEE
To:,,'~" Only
i~l,~'~)J~l
PLEASE ANSWER YES OR NO:
1. ARE KITCHEN FACILITIES REQUIRED? ~/~
2. ARE YOU A RESIDENT OF SEBASTIAN?
3. WILL DECORATIONS BE PUT UP? O. Total .......
4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? MC~ Tax ?.
5, WILL ALCOHOLIC BEVERAGES BE SERVED? ,, ~,,, ~ Total ........
(a) If answer to ~5 is Yes, Permiffee's proof of Ag~.~/
(b) If alcohol is to be served, ~l:)e~n,~l?o~,,~required by City Council. Your request will be
presented to council
Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be
,~CEiPT NO. I
charged for a dishonored check per City Resolution No. R-96-41)
OFFICE USE ONLY
DATEP~IID
SECURITY DEPOSrr ........ $25q.00 ''-- '~ (F~/'7/'~'
7% TAX ............................
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I'-IAPPROVED
ALCOHOL EIEVERAGE REQUEST
Police Department Agreement Vedfied Of applicable)
Key Pickup Date: Key Returned Date:
SECURITY DEPOSIT RETURNED BY CITY CHECK #
COMMENTS:
J'-JDISAPPROVED
Date
FOR $ ON:
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City of Sebastian, Florida
Subject: Sebastian River Area Chamber
of Commerce Taste' s "N" Treasure' s
Event
Agenda No.
Department Origin: City Manager
Approved for Submittal by: City
Manage~ri
Date Submitted: June 8, 1999
For Agenda of: June 23, 1999
Exhibits:
- Letter from Sebastian River Area Chamber of Commerce, Re: Use of
Riverview Park for a Taste's "N" Treasure's Event - November 13, 1999
EXPENDITURE
REQUIRED:
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
SUMMARY
The Sebastian River Area Chamber of Commerce has requested the use of Riverview Park on
Saturday, November 13, 1999, with a rain date of November 14, 1999 from 7:00 a.m., until 10~00
p.m., and the closing of Indian River Drive, fi.om Harrison Street to Fellsmere Road and the closure
of Fellsmere Road from the Hess Station to Indian River Drive. Staff has reviewed the Chambers'
request and reports that the street closures pose no problem.
RECOMMENDI~D ACTION
Gram the Sebastian Kiver Area Chamber of Commerce, permission to use River,flew Park, along
with electrical power on Saturday, November 13, 1999, with a rain date of November 14, 1999 from
7:00 a.m. until 9:00 p.m., for a Taste's "N" Treasure's event and to coordinate the requested street
closures with the Sebastian Police Department.
CHAMBER OF COMMERCE
John L. Van Antwerp
Interim City Manager
City of Sebastian
1225 Main Street
Sebastian, F1 32958
RE: Taste's "N" Treasure's
Dear Mr. Van Antwerp:
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The Chamber of Commerce has reviewed your letter of concern for the following:
Do you have an approximate number of how many people you expect?
We do not expect any more than we had for the Business Expo in March 1999.
Will you need any traffic or crowd control?
No, we do not anticipate any problems with the crowd, and or parking. During our
Business Expo the local Boy Scouts assisted us in our parking efforts and there
was not a problem.
Will there be any need for Security?
No, we have never had the need for Security at any of the Chamber's functions.
After speaking with Chief White, and I explained to him what it is that we will be doing
in the Park that day, he was fine with what we had planned.
If I can be of further assistance, please give me a call.
Sincerelyi'
Kathleen Bishop
Executive Director
TOO M,.\IN STREET Ill SEBAS'FI:\N. Fl, 32958-,t 199
PIiONE: ',15611 3~9-5969 · F:LX: (5611 589-5993
hllp://sebastian.l~.us/chamber
cra,Ill r o - sr;lchamber'l.?.seba$[iaI1, l'l. us
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I CHAMBER OF COMMERCE
!
May 10, 1999
City of Sebastian
1225 Main Street
Sebastian, F1 32958
To who it may concern;
The Sebastian River Area Chamber of Commerce will be hosting Taste "N" Treasures of
the Sebastian River Area. This event will be held on November 13th from 10:00 AM until
6:00PM.With a rain date of November 14, 1999.
The Sebastian River Area Chamber of Commerce is requesting the use of Riverview Park
on November 13~ from 7:00 Am until 8:00 PM, we are also requesting the closing of
Indian River Drive from Harrison Street to Fellsmere Road, and would like to have
Fellsmere Road from the Hess Station to Indian River Drive also closed.
If there is anything that we can do for the City, please don't hesitate to ask. I would like
to thank you in advance for your attention to this matter.
700 *lAIN STRISi']T · SEBASTIAN, FI. 32!).58--119~)
PltONE: (fiGll 5S0-59G9 8 7.-MX: (5Gi) 5S0.5003
http://sebastian,fi.us/chamber
omail lo ~ srnchamber ,):sel3astiall. I~.us
City Sebastian
1~5 Main St~t 0 Sebastian, Florida 3~58
Telephone (561) 589-5330 O Fax (561) 589-5570
E-Mail: cityseb~iu.net
Memorandum
Da~
To:
From:
Re:
City Council Members ~..~
Kathryn M O'Halloran, City Clerk :~ h ' Q'~
Change To Item 99.135 on Consent Agenda - Regular Meeting 6/23/1999
This office received a call from Jane Bishop from thc Chamber on June 18, 1999, atter the Agenda
Packets had been picked up. She would like to change the requested date of Wednesday August 18,
1999 to Friday, August 20, 1999. The two other requested dates remain unchanged.
Thanks for your consideration in this matter.
KOH/ar
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City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Telephone (561) 589-5330
FAX (561) 589-5570
Subject: Chamber of Commerce Request for
Change of Dates for Summer Concerts
Approved for Submittal by: City Manager
Department Origin: City Cle~
Date Submitted: 6/15/99
For Agenda of: 6/23/99
Exhibits: Letter Dated 6/15/99
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The City has received a letter from the Chamber of Commerce requesting the dates of the
summer concerts in the park (approved by Council on June 9, 1999) be changed from June
18, July 16 and August 20, 1999 to July 21, August 18 and September 22, 1999.
RECOMMENDED ACTION
Consider the request and act accordingly.
CHAMBER OF COMMERCE ~ "~ ~/ '~!y,
1225 Main Street
Seba~ian, Flodda 32~
AEn: Kay O'Hallomn, C~ Cle~
The Cham~r ~ Co~ along w~h the Toudsm Comm~ee is ~ue~ing the follo~ng dates
To ~ m~w~ in ~e~ Pa~:
1, July 21, 1~9- 5~ to 9~
2. Augua18,1~-5~ tog~
3. Se~em~, 1~-5~ to 9
We al~ ~uea el~
~e pu~ of this ~ is to promote ffamily o~ngs through a series of 'Con~s In ~e Pa~".
~is ~uea m~
~ailabil~ ~ ~me
Sin~mly,
K~hleen Bishop
8eba~ian ~or Ama C ~ C
hHp://sebastian.fi.us/c~amBer
cmail ~ o -. sraeh~'mBer ~sebastian. II.us
City of Sebastian
AGENDA SUBMITTAL
Agenda No.
Subject: Ordinance 0-99-03; revised
Water Restriction Plan
Approved for Sgbmitt~ by: ~ty Manager
Exhibits: O~inance 0-99-03; reviseo
Department Origin: City Attorney
Date Submitted: 6/17/99
For Agenda of: 6/23/99
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
SUMMARY STATEMENT
This ordinance revises the Water Restriction Plan to change the three-day a week
irrigation schedule to on that matches odd-numbered addresses to odd dates, etc. The
times of new landscaping irrgation were also changed to match the times for existing
installations.
The ordinance has been revised in accordance with the directions given at the second
reading held 6/9/99.
RECOMMENDED ACTION
Move to adopt Ordinance 0-99-03.
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ORDINANCE NO. O-99-03
1
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE CITY OF I
SEBASTIAN WATER RESTRICTION PLAN; PROVIDING
FOR CONFLICTS; PROVII)ING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. i
WHEREAS, Chapter 102, Article IV, of the Code o~ Ordinances for the City. of
Sebastian constitutes the "City of Sebastian Water Restriction Plan; and " I
WHEREAS, said Plan applies only during times of declared water shortage emergencies,
while year-round water conservation is in the best means of protecting the viability of the Florida I
Aquifer; and i I
WHEREAS, making water conservation a vital interest to the citizens of the City; and
WHEREAS, the City Council finds that the interests of the citizens will be best served by I
amending the Water Restriction Plan. I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE I
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: I
Section 1. That section 102-77 of the Code of Ordinances, City of Sebastian~ Florida i
is hereby amended to read as follows: I
,
Sec. 102-77. Definitions.
The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where the
context clearly indicates a different meaning:
Water means water 'taken from:
(1) Any public water system;
(2) Any groundwater system, including shallow and deep water wells
drawing water ~om the Florida aquifer; or ,
(3) Any surface water system.
The systems enumerated are intended to include, but are not limited to,
any system that uses any groundwater or interconnected surface waters
for a watersource, irrespective of whether the system is publicly or
privately owned.
Water shortage emergency means a declaration by the city council that a
water shortage exists.
Section 2. That section 102-78 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 102-78. Applicability.
The provisions of this article shall apply to all individuals, legal entities
and their agents who use water, as defined in this article, within the city.
Section 3. That section 102-79 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-79. Enforcement.
(a) Every city police officer shah be authorized and empowered
to enforce the provisions of this article through a noncriminal citation,
with jurisdiction vesting in the county court upon failure of the violator
to pay the same. 'However, where the offense is designated a
misdemeanor, the officer shall issue a Notice to Appear before the
county court.
(b) Additionally, the city code enforcement officers are authorized
to enforce the provisions of this article under the citation method of
Code Section 2-194.
(c) The following enforcement notification guidelines shall be
in effect for this article and shall supercede any conflicting provision of
Code Section 2-194:
(1) If personal contact is made with the violator, the
officer shall require immediate compliance;
(2) If personal contact cannot be made with anyone
having ownership or control of a residence found to be in
violation of this article, the enforcement personnel shall leave a
notice of violation posted on the front door thereof requiring
compliance within twenty-four (24) hours;
(3) If the notice remains posted undisturbed at said
location 24 hours later, a second notice of violation shall be sent
by certified mail with return receipt to said address; and
(4) if said violation continues more than 24 hours
after delivery of the second notice, the violator shall be cited.
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Notwithstanding any provisions of this subsection to the contrary, if
enforcement personnel has proof the premises is actively occupied, the
requirement of a mailed second notice is waived.
Section 4. That section 102-80 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-80. Exceptions to article
The city manager shall have the authority to permit a reasonable use of
water in any case necessary to maintain adequate health and sanitation
standards as set forth in the county health code or when needed to
perform maintenance and repair on an irrigation system. These permits
may be issued with conditions, shall be issued free of charge and shall
only be issued upon the showing of good cause for the uses requested.
Additionally, a permit may be issued when necessary for the economic
viability of a business venture, subject to the terms and conditions set
forth above, for a fee of $20 for a permit of limited duration or on an
annual basis for a fee of $50.
Section 5. That section 102-81 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-81. Year-round restrictions.
Outdoor irrigation by any manner is prohibited between the hours
of 9 a.m. and 5 p.m., year-round.
4
Locations in the city with odd-numbered addresses are only
allowed to irrigate on odd-numbered dates. Locations with even-
numbered addresses or no listed address are only allowed to irrigate on
even-numbered dates. However, new plantings are not required to
alternate irrigation days for an initial thirty-day period after installation.
Custodians of publicly-owned lands, in lieu of following the
restrictions set forth above, may elect to submit a year-round water use
plan to the city manager meeting the criteria set forth in Section 102-91
and subject to the same review process set forth therein.
Section 6. That section 102-82 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-82. Implementation of emergency restrictions.
The curtailments and restrictions of water uses provided for in
sections 102-83 through 102-94, below, shall be implemented upon a
declaration at any time of a water shortage emergency by the city
council and shall remain in effect until such time as the city council shall.
declare such emergency to be at an end.
Section 7. That section 102-83 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 102-83. Landscape irrigation restrictions, residential
and commercial - existing installations.
(a) For existing installations of landscaping on residential and
commercial parcels less than five acres in size, water use for irrigation is
restricted to the hours of 6 p.m. to 10 p.m. on designated days.
(b) For existing installations of landscaping on residential and
commercial parcels five acres or greater in size, water use for irrigation
is restricted to the hours of 6:00 p.m. to 2:00 a.m. on designated days.
(c) Parcels with odd-numbered addresses are permitted to
irrigate on odd-numbered dates. Parcels with even-numbered addresses
or no addresses are permitted to irrigate even-numbered dates.
Section 8. That section 102-84 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-84. Same -~ New installations.
Landscaping installations on residential or commercial parcels that
have been in place for thirty days or less shall have the following
restrictions on watering:
(a) Low volume irrigation systems or hand- watering is allowed,
in addition to the methods set forth below, at any time except between
the hours of 9 a.m. and 5 p.m.,
(b) Other irrigation systems are restricted to watering between
the hours of 6:00 p.m. and 10:00 p.m.
Additionally, cleaning and adjusting of new irrigation systems is
restricted to ten minutes per zone on a one-time basis.
Section 9. That sections 102-86 through 102-89 of the Code of Ordinances,
City of Sebastian, Florida are hereby deleted and said section numbers are reserved for
future use.
Section 10. That section 102-90 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-90. Nursery and agricultural use restrictions.
Inside overhead irrigation for nursery and agricultural uses are
restricted to 8:00 a.m. to 8:00 p.m., seven days per week. Outside
irrigation is restricted to 7:00 p.m. to 5:00 a.m., seven days a week.
Section 11. That section 102-91 of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 102-91. Use restrictions for public facilities.
Within three days of thc declaration of a water shortage
emergency, custodians of'publicly-owned facilities must submit a water
use plan to the city manager that, while considering the manpower
restraints of the entity, balances the same against the policies of water
conservation such as evaporation avoidance and spreading out the times
and days of irrigation. The city manager may approve or reject said plan,
or approve the same with modifications. Modifications to a rejected plan
must be resubmitted Within three days.
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I Section 12. That section 102-94 of the Code of Ordinances, City of Sebastian,
i Florida is hereby amended to read as follows:
I Sec. 102-94. Miscellaneous use restrictions.
(a) Boat washing and motor flushing is permitted for up to a
I maximum total of 30 minutes following operation in salt or brackish
water.
I (b) Air conditioning systems utilizing water source heat pumps
shall be permitted to utilize the discharge water of said system for
I irrigation purposes at any time notwithstanding any provision of tiffs
article to the contrary.
I (c) Washing and cleaning streets, driveways, sidewalks, or other
nonporous areas with water is prohibited.
I (d) Vehicle washing other than through a permitted commercial
car wash, is restricted to the hours from 4:00 a.m. to 8:00 a.m. and from
I 4:00 p.m. to 8:00 p.m., three days per week, using the even/odd house '
i address method.
(e) Outside pressure cleaning is prohibited except by licensed
I professionals holding a valid water use permit.
(f) Outside aesthetic use of water is prohibited. I
I ~ Section 13. That the existing section 102-95 Provisions supplemental, of the
I Code of Ordinances, City of Sebastian, Florida is renumbered as section 102-96, and in its
place section 102-95 shall read as follows:
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Sec. 102-95. Penalties.
(a) Violators of section 102-81 shall be subject to the following penalties:
(1) First offense; citation amount of $25.00, maximum fine upon
conviction in county court of $75.00;
(2) Second offense; citation amount of $50.00, maximum
fine upon conviction in county court of $150.00; and
(3) Third and subsequent offenses; citation amount of
$100.00, maximum fine upon conviction of $250.00.
(b) Violators of sections 102-83, 102-84, and 102-90 through
102-94 shall be subject to the following penalties:
(1) First offense; citation amount of $50.00, maximum fine upon
conviction in county court of $100.00;
(2) Second offense; citation amount of $150.00, maximum
fine upon conviction in county court of $250.00; and
(3) Third and subsequent offenses shall constitute a second
degree misdemeanor punishable in accordance with state law.
(c) Citations shall be paid to the office of the City Clerk at City Hall.
CONFLICT. All ordinances or parts of ordinances in conflict
Section 15.
herewith are hereby repealed.
Section 16. SEVERABiLITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
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assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 17. EFFECTIVE DATE. This Ordinance shall take effect
adoption by the City Council.
The foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this
day of June, 1999.
CITY OF SEBASTIAN, FLORIDA
following its
by Councilmember
,'and,
By:
Martha S. Wininger, Mayor
ATTEST:
Kathryn M O'Halloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
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Rich Stringer, City Attorney
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Cit7 of Sebastian
1225 Main Steer
~ebastian, Florida 32958
Telephone (561) 589-5330
FAX (561) 589-5570
Subject: Board of Adjustment
Approved for Submittal by: City Manager
Agenda No.
Department Origin: City CI
Date Submitted: 6/14/99
Exhibits: two applications, board member list, advertisement
. _ [
Expenditure Required: Amount Budgeted:
For Agenda of: 6/23/99
Appropriation Required:
SUMMARY
The Board of Adjustment advertised for two regular member positions and two alternate member
positions. Two applications were received, james Schmitz, a regular member, is eligible for
reappointment and has submitted his application for reappointment. Clive Beckwith, presently an
alternate member, has resubmitted his application and would like to fill the regular member position of
Robert Crockett, whose position expires in June, 1999 and did not wish to reapply. This would leave two
alternate positions open (Clive Beckwith's position if he is appointed a regular member and the alternate
member position left vacant by Keith Miller when he became a regular member in March, 1999).
I~£CO~M£NO£D ACTION
Interview applicants, unless waived by Council, and appoint as follows:
1. Regular member position of James &:hmitz term to expire in June, 2002
2. Regular member position of Robert Crockett, who did not reapply, and whose position would like to be
filled by Clive Beckwith - term to expire in June, 2002
The two alternate member positions will then be readvertised.
~ . APPLICATIO.N TO SERVE ON CITy BO$RD/C.OMMITT~. 1~
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PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary)
REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE:
.. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE?
WOULD YOU CONSIDER SERVINO ON A BOARD OTHER THAN THE ONE(S) SELECTED
~oVE? ~
I hereby cert~, that I am qualified to hold the position for which this application is made. Further, I hereby
authoriz~ the City of Sebastian to invesfigat~ the truthfulness of all information which I have provided in this
application. I understand that any misrepresentation or ommission of information requested in this -
application is cause for disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through
2-173 (attached). Information relative to a specific board or committee is availabl~reques, ted.
Subscribed and sworn to before me this /'~,2.,~ day
of~~_, /~'?.,~, by
I,mown to me, or has produced
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ME: .U ~---.-, e ~-
HOME ADDRESS: ~'~ "~ '"2
HOME PHONE:~//.,~'~_,jfr~'..~ HOME FAX: .
BUSINESS:
BUSINESS ADDRESS:
BUSINF. SS FAX:
VOXE~t REO. NO.
BUSINESS PHONE: - -
ARE YOU A REG]S'rERED VO'rE~.?
HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE'?. "
DO YOU pREs~rn,¥ SERVE OW A~ OTHER crrY ~OA~ O~ COM>nTrEE?
WHICH BOARDS/COMMITTEES?
PLEASE CHECK THE BOAKDS ON WHICH YOU ARE INTERESTED IN SEKVING IN ORDEK OF
PREFERENCE WITH FIRST CHOICE BEING #1:
BOARD OF ADJUSTMENT
CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years)
crrIZENS BUDGET REVIEW ADVISORY BOARD
CODE ENFORCEMENT BOARD
CONSTRUCTION BOARD
HANDICAPPED SELF-EVALUATION COMMITTEE
PLANNING AND ZONING COMMISSION
POLICE RETIREMENT BOARD OF TRUSTEES
RECREATIONAL ADVISORY BOARD
TREE ADVISORY BOARD
OTHER TEMPORARY COMMITTEE
(WRITE IN COMMITTEE NAME)
LIST ANY ADDI.,~ONAL QUALIFICATIONS TO SERVE ON. BOA>RD OR COMMITTEE.
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
~VE YOU EV~ BED COmnCTED a= ~ MISDEma,~O~. mVOLV~O MORAL
Tt~)p~]~ IN ms oP. ANY STATE?
WOULD YOU CONSIDER SERVING ON m BOARD OTHER THAN THE ONE(S) SELECTED
I hereby ~rtify that I am qualified to hold the position for which this application is made. Further, I hereby
authorize the City of Sebastian to investigat~ the truthfulness of all information which I have provided in tiffs
application. I understand that any misrepresentation or ommission of information reque.stecl in this
application is cause for disqualification.
I have been provided with, md and understand City of Sebastian Code of Ordinances Sections 2-166 through
Subscribed and sw_o2 ba befog ra "
'~ as identification.
N'o~ public, State of Florida '"j
\wp- fonn\applicat, wpd
rev. 415199
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NUMBER OF BOARD TERMS AND YEAKS FOR. EACH INDIVIDUAL ARE AS OF 3/I/99 AND WILL
BE REViSED AT THE BEGINNING OF EACH MONTH. M]~ETINGS ARE HELD ON THE FIR.ST
TUESDAY OF EACH MONTH AT 7:00 P.M. IN THE CITY COUNCIL CHAMBEr.
BOARD OF ADJLISTMENT
THREE YEAR. TERMS
ROBE~, CHAIRMAN APPOINTED REGULAR
401 MIDVALE TERRAC~-~ MENfl~ER POS~_~N~. 6/96
SEBASTIAN, FLORIDA 32958 ~ TERM~n~: 6/99
388-10S4 HOME -
88. o44 susmuss
(Currently ~
RONALD A. DEVITO, VICE-CHAIRMAN
697 CARNIVAL TERRACE
SEBASTIAN, FLORIDA 32958
388-9763
(Currently in 1st full term and 3rd regular member year)
APPOINTED KEGULAK
NIEMBER POSITION: 6/96
TERM TO EXPIR.E: 6/98
KEAPPOINTED REGULAR
M~'IBER POSITION: ' 6/17/98
TERM TO EXPIRE: 6/2001
GREGORY l COKE
331 BELFAST TERRACE
SEBASTIAN, FLOR.IDA 32958
589.4565 HOME
58%0055 BUSINESS
(Currently ia lm full tern and 3rd regular member year)
APPOINTED REGULAR
MEMBER POSITION: 6/96
TERM TO EXP[KE: 6/97
P, EAPPO~ REGULAR
MEMBER POSITION: 8/27/97
TERM TO ExPnlE: 6/1/2000
JAMES G. S~ APPOINTEI)_...U3~E nlEX ~DD REGULAK
937 STAKFLOWER AVENUE ~ M~m~mPosmoN OF
SEBASTIAN, FLORIDA 32958 ~ ~.FRANK OBERBECK: 2/98
388-1493 _.-- _.--'/><~0 EXPIRE: 6/99
(c tly no =m 2nd
75
KEITH MILLER
961 RIVIERA AVtilqUE
SEBASTIAN, FLORIDA 32958
388-9004
(Aiternan: t:rn~ ami ~ars not ex.text)
(1ST REGUIa~ MI!I~F.R YF. AR - NO FULL TERM)
APP~TED UNEXP/~D ALTERNATE
~~osrr~ o~
BOB FREE~: 2/98
APPOIN~D TO ON'EXPIRED TERM
VACATED BY ANDREW ALLOCCO: 3/24/99
TEI~M TO EXPIRE: 6/1/200 !
CLIVE M. BECKW1TH
465 LIGHTHOUSE AVENUE
SEBASTIAN, FLORIDA 3:2955
388-0414 I-l'O M~
(A]tmma~ t~rms and ycm~ not counted)
BOARD SECRETARY - ANN BP, ACK
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City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
MAY 28, 1999
PRESS RELEASE
BOARD OF ADJUSTbIENT
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL TWO REGULAR
MEMBER POSITIONS AND TWO ALTERNATE MEMBER POSITIONS ON THE BOARD
OF ADJUSTMENT.
QUALI17ICATIONS: RESIDENT OF THE CITY OF SEBASTIAN
TI--IE BOARD MEETS THE FIRST TUESDAY OF EACH MONTH AT 7:00 P.M. IN THE
CITY COUNCIL CHAMBERS, 1225 MA~ STREET, SEBASTIAN. APPLICATIONS ARE
AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, BETWEEN THE HOURS OF
8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH FRIDAY, JUNE 11; 1999.
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City of Sebastian
1225 Main Street
,%ba,stian~ Horida 3295&
Telephone ($61) 5&9~5330
FAX (551) 589-5570
Subject: Construction Board
Approved for Submittal by: City Manager
Agenda No. ~'007 ~
Department Origin: City ¢ler~\h\~
Date Submitted: 6/14/99
For Agenda of: 6/23/99
Exhibits:one application, board member list, advertisement
Expenditure Required: Amount Budgeted:
Appropriation Required:
SU~VtMARY STATF~I~NT
The Construction Board has had a vacant contractor position since a member was terminated by City
Council in January. This was advertised as required and one application was received.
]~ECOMMENDED ACTION
Interview applicant, Meredith Fox, unless waived by Council, and appoint as follows:
1. Regular member contractor position of former member William Doyle - unexpired term to expire
9/30/2000
HOM~ ADDRESS:
BUS.SS: .
BUS.SS ~D~SS: -
~ YOU A ~GIS~D VO~R? ,~e~ VO~R ~G. N0 .... ~ .
~ YOU P~S~Y SEK~ ON ~ O~ C~Y BO~ OK CO~~E?
~CH BO~S/CO~ES?
PLEASE C~CK ~ BO~S ON ~CH YOU ~ ~STED ~ SEK~G ~ O~EK OF
P~~CE ~ ~T CHOICE B~G ~1:
BO~ OF
C~ ~W CO~ (~ o~ 6 mon~ eve~ 7 yin)
C~S B~6~ ~w ~ORY BO~
CODE ~ORCE~ BO~
CONSTKUC~ON BO~
~IC~PED SELF. EV~UA~ON CO~E
P~G ~ ZO~G CON.fiSSION
POLICE ~T~M~T BO~ OF ~US~ES
~C~ATIONAL AD~SORY BOA~
~ T~E ~SOKY BO~
OT~R TE~O~RY CO~E
~ ~ CO~IWEE N&ME)
EASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE:
LIST ANY ADI~rrlONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OK ANY STATE?
HAVE YOU.EVEN BEEN CONVICTED OF ANY MISDEMEANOR IN~0~.VINo MORAL
TURPITUDE IN THIS OR ANY STATE?
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
I hereby co-iffy that I am qualifi~! to bold the posRioa for which tl~ ~ipp]Jcation is made. Further, ! hereby
~uthoriz~ tho City of Sebastian to invcstigat~ the tmthfi~ess of al! iarormafion which I have provided in this
application. I uad~rsmd that amy mlsr~r~s~ntatio~ or ommission ofi~'orm~tion requ~t~ in this :
~pplic~tion is cause for disqu~!ific~on
I have been provided with, re. ad and understand City of Sebastian Code of Ordinances Seal/ohs 2-166 through
2-173 (attached). information rdafiv¢ to a sl~itic board or commit~ is available if requested.
to before
mc
this /~7-- day
~ is ~so,~,~i~-known re--me,
S~ribed and sworn
or
7 /t ' " ....
'ubli~, State otTlofida
\~'f°n ~gPplicatwlxl
14':
//f~ff, by
has produced
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NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 4/1/99 AND WILL
BE REVISED AT THE BEGINNING OF EACH MONTH
CONSTRUCTION BOARD
3 YEAR TERMS
M~ETS 2ND TUESDAY EACH MONTH - 7:00 P.M.
THOMAS CECRLE
643 CHESSER AVENUE
SEBASTIAN, FLORIDA 3295g
599-3130 - H
388-0520 - W
(currently in 2nd full term and 5th regular member year)
MICHAEL HOLDRiDGE
734 ATLANTUS TERRACE
SEBASTIAN, FL 32958
589-0834
589-4202
REGULAR MEMBER
APPOINTED REGULAR MEMBER TO
REPLACE MICKEY CAPP: 10/26/94
TERM EXPIRES: 9/30/97
REAPPOINTED: 9/25/97
TERM EXPIRES: 9/3012000
ELECTRICAL CONTRACTOR
APPOINTED REGULAR TERM TO
REPLACE C.NEUBERGER: 10/25/95
TERM EXPIRES: 9/30/98
REAPPOINTED ELECTRICAL
CONTRACTOR: 10/14/98
TERM TO EXPIRE: 9/30/2001
(Currently in 2ND full texm and 4TH regular member year)
JERALD E. SMIrI-l, SP,-
9406 126TH AVE
FELLSMEKE, FL 32948
571-0438 Home
589-6818 Bu~in~s
(currently in 2ND Bill term and 6th regular member year)
MICHAEL HERBIG
1519 CLEARBROOK ST.
SEBASTIAN, FL 329511
388-0852 - H
559-3435 - Cell
377-1522 - Page
(alternate terms and years not counted)
(Ist full term- 4th Regular Member Year)
APPOINTED UNEXP REG POSITION
VACATED BY G. CAREY: 10/28/92
TERM EXPIRES: 9/30/93
REAPPOINTED REG TERM: I 1/10/93
TERM EXPIRES: .9/30/96
KEAPPOINTED KEG TERM: 12/I 1/96
TERM EXPIRES: 9/30/99
APPTED ALT. CONCERNED CITIZEN
VACATED BY TRUMAN SMITH: 5/25/94
UNEXPIRED TERM TO EXPIRE: 9/30/95
APPTED KEG CONCERNED CITIZEN
UNEXPIRED TE1LM VACATED BY
KEITH MILLER: I0/11/95
TERM TO EXPIRE: 9/30/97
APPTD. TO PLUMBING CONTRACTOR
REGULAR MEMBER: 9/25/97
TERM TO EXPIRE: 9/3012000
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ANDREW ALLOCCO APPOINTED REGULAR MEMBER
1485 BARBER STREET UNEXPIRED ENGINEER POSITION OF I
SEBASTIAN, FLORIDA 32958 JOHN HEARNE: 2/24/1999
388.318g TERM TO EXPIRE: 9/30/2000
(NO FLrLL TERM - 1ST REGULA ~ MEMBER YEAR) I
V~iLLIAM~DOYLE . BUIEDIi~G COxNTRACTOR FOSI'FtON I
t 10 L~DRF~ ILEGF3LAR MEMBE-R-b~PPTD:. 912519~
SEBhSTtAN; FL 32958 TERbl TO EXPIRE, 9t30t2000 i
58r31657
) REMOVED AT 1/27/99 COUNCIL MEETING
(lst full term- 2nd regular member ) I
LOUIS W. NICOLINI APPOINTED I-IARV CONTRACTOR : ' I
1162 CROQUET LANE POSITION: ' 10/14/98 ·
SEBASTIAN, FL 32958 TERM TO EXPIRE: 913012001
388-5764 i
(Ist full tenn- ls~ regular member y
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PIERRE PAQUETTE APPOINTED UNEXPI]~ED ALTERNATE '
39 TREASURE CIRCLE CONCERaNED CITIZEN TERM
SEBASTIAN, FL 32958 VACATED BY H. SMITH: 12/11/96 . I
589-6976 TERM TO EXPIRE: 9130198 -
REAPPOINTED ALTERNATE CONCERNED
CITIZEN: I0/14/98 I
TERM TO EXPIRE: 9/30/2001
(Alternate tenm a~lyears not~ I
IL SCOTT TAYLOR APPOINTED ALTERNATE CONTRACTOR ': I
117 ARCADIA DRIVE POSITION VACATED BY HEARNE: I0/14/98
SEBASTIAN, FL 32958 TERM TO EXPIRE: ' 9/30/2001
589-0123 (3tOME) ~' I
(Alternate terms and years not I
SEE ORDINANCE 0-95-05 TERMS.
BOARD SECRETARY I
City of Sebastian
1~-~-§ Main 51~eet Cl Sebastian, Florida 32958
Telephone (561) §89-533013 Fax (§61) §89-§§70
E-Mail: cityseb~ime$
MAY 20, 1999
PRESS RELEASE
CONSTRUCTION BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBER
CONTRACTOR POSITION ON TIlE CONSTRUCTION BOARD.
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QUALI~CATIONS: RESIDENT OF THE CITY OF SEBASTIAN AND LICENSED OR
REGISTERED WITH THE CITY.
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THE BOARD MEETS THE SECOND TUESDAY OF EACH MONTH AT 7:00 P.M. IN THE
CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE
AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, BETWEEN THE HOURS OF
8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH FR~AY, MAY 28,' 1999.
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City of $ bosticm
1~2§ ,V, oin Stre~t' I~ Se.b~-tian, Flor'ida 39958
Telephone (561) 589-5330 El F~ C561) 589-5§70
E-Mail: cib, seb@iu.ne't
JUNE 1,1999
PRESS RELEASE
CONSTRUCTION BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBEt(
CONTKACTOK POSITION ON THE CONSTRUCTION BOARD.
QUALIFICA~ONS: RESIDENT OF THE CITY OF SEBASTIAN AND LICENSED OR
REGISTERED W1TIt TttE CITY
THE BOARD MEETS THE SECOND TUESDAY OF EACH MONTH AT 7:00 P.M. IN TI~
CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE
AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, BETWEEN THE HOURS OF
8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH FRIDAY, JUNE 1-.1, 1999.
City of Sebastian, Florida
Subject: Stillman/Retaining Wall
Reimbursement
Approved for Submittal by: City
Manager, ~
Exhibits:
Agenda No. ~./O ~
Department Origin: City Manager
Date Submitted: June 8, 1999
For Agenda of: June 23, 1999
- Letter dated June 2, 1999 from Mr. & Mrs. Stillmlan
EXPENDITURE
REQGiRED:
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQLrlRED:
SUMMARY
As suggested by the City Council at their April 28, 1999 Regular City Council Meeting,
Mr. & Mrs. Charles Stillman contacted MGB Builders regarding reimbursement for
the retention wall they were required to have constructed at their residence. MGB
Builders denied Mr. & Mrs. Stillman's request for reimbursement, and feel the
Sebastian Building Department is responm'ble. Mr. & Mrs. Stillman are of the opinion
that the City and MGB Builders are equally negligent and request that the City
reimburse them for ½ of the $2,800.00 cost.
RECOMMEND[D ACTION
Discuss and take action.
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Jtme 2, 1999 I
Dear Mr. Van Antwerp, , I
I'm writing this letter in regards to the City Council s suggestion
that my wife and I seek some kind of reinbursement from MGB builders for I
the stemwall that we had to pay for at our house on 1173 Blossom Dr.
Needless to say the builder again refered us back to the City of Sebastian I
stating that the City of Sebastian Building Dept. is responsible s/nce they
originally approved both the site plans and the permit the way they were
presented. All my w/fe and I would like is to possibly receive 1/2 of the 2,800 i
dollars from the city. Perhaps then we could take MGB to court for the other ..
half. We feel that it would be a fair settelment in that both the builder, and
The City of Sebastian were equally neglegent in the first place.
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- Sincerely Yours,
..~ Mr. & Mrs. Charles Sfillman
, ': ' :',::,, 1 11.5 blOSSOm Dr.
.'"' ~ ,. '~'-!'~':..., Sebastian, F1 32958
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Subject:
increase.
Approved for Submittal by:
John Van Antwerp, Interim
City Manager /~
City of Sebastian, Florida
Police department pay Agenda No. '~-/~'
Department Origin: City Manager
Date Submitted: June 17,1999
For Agenda of: June 23, 1999
· Payroll analysis. Pay scales for sworn officers. Memorandum dated June 17, 1999
Expenditure Required: Amount Budgeted: ~Appropriation Required:
$7489.96 n/a n/a
SUMMARY
To correct the compression of pay rates between the Police Sergeants and the
Captain/Lieutenants I propose the following; The City increase the Captain/Lieutenants by 7%
for the fiscal year 1998-1999 and make the pay rate retroactive to October l, 1998. I further
recommend the Captain/Lieutenants pay track the Sergeants pay increases in the future as
directed by the PBA contract.
RECOI~VIENDED ACTION
Authorize the City Manager to take the necessar7 action to increase the police
Captaia~Lieutenants pay by 7% for the fiscal year 1998-1999 and to continue to U:ack their pay
increases as dictated by the PBA contract.
City of Sebastian, Florida
1225 Main Street [] Sebastian, Florida 32958
Telephone (561) 589-5330 [] Fax (561) 589-5570
MEMORANDUM
Date:
To:
June 17, 1999 ·
The Honorable City Council
From:
John Van Antwerp, interim City Manager~/'~/
Subject: Police Captain/Lieutenant pay
After much research and discussion about the pay rate for the Lieutenants and the
Captain I have concluded the following;
The PBA contract that took effect on Oct. 1 1998 raised the Sergeants pay because
their pay was below average.
If the Sergeants pay was below average so was the Captain's and the Lieutenant's,
because in a rank system the pay difference between Sergeants, Lieutenants and
Captains should remain the same.
The pay for Sergeants is set by PBA contract.
The pay for the Captain and the Lieutenants should be set by the City Manager at
the request of the Chief of Police.
This whole thing should have been addressed on Oct. 1 1998.
None of this was reflected in the budget because the budget was adopted before
the new PBA contract went into effect. However there is a sufficient budget to
cover the raises due to the fact that we have salary savings when we are not at full
staff.
Although this matter should be a City Manager matter and not involve the City
Council the fact remains that I am an Interim City Manager and I will respect your
input on this matter.
Therefore with your permission I will authorize a pay raise for the Captain and
Lieutenants of 7% retroactive to Oct. 1 1998.
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City of Sebastian, Florida
Subject: BellSouth Mobility
Telecommunications Facility Lease
Approved for Submittal by: City
Manager / ~ /q
Exhibits:
Agenda No.
Department Origin: City Manager
Date Submitted: June 8, 1999
For Agenda of: June 23, 1999
Extension of temporary communication facility agreement, effective April 1, 1999
Original agreement to place a temporary telecommunications facility at the Police
Department, dated July 30, 1996
Proposed Long Term Lease to construct a new telecommunications facility,
replacing existing temporary site at the Sebastian Police Department.
EXPENDITURE
REQUIRED:
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
SUMMARY
Site Concepts, Consultants to BellSouth Mobility has expressed interest in entering into a long-term
lease agreement between the City of Sebastian and BellSouth Mobility a new telecommunications
facility that would replace the existing temporary site located at the Sebastian Police Department.
BellSouth is offering to pay $9,000 per year for the use of the property with an initial 5 year term,
which will include 4 (5) year options. Attached is the proposed lease agreement submitted by Site
Concepts, Inc., for your review.
RECOMMENDED ACTION
If it is the City Council's decision to enter into an agreement with BellSouth Telecommunications,
authorize staffto negotiate the terms ora Long-Term Lease Agreement between~he City of Sebastian
and BellSouth Mobility for a new telecommunications facility, to replace the existing temporary site.
BELLSOUTH Mobility
BellSouth Mobility
5201 Congress Avenue
Boca Raton, Florida 33487
56z 995-3000
CERTIFIED MAIL
March 16, 1999
Mr. Paul Wagner
Purchasing and Contract Administrator/Assistant to City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re.'
BellSouth Mobility Temporary Communication Facility
City of Sebastian - Site VERO5 (T)
Dear Mr. Wagner:
BellSouth Mobility would like to extend the Agreement for a Temporary Communication Facili~,
located at the Sebastian Police Department, for an additional 12 months. The extension will
commence on April 1, 1999 and continue through March 31, 2000. The City of Sebastian w/Il
continue to reedve $700.00 a month plus applicable sales tax.
If this meets with your approval,, please indicate your concurrence by signing below and returning
one original.to my attention at the above address, ffyou should have any questions or comments,
you may contact me at (561) 995-3948.
Sincerely,
Joan Fiege
Real Estate Administrator
Real Estate & Construction
Network - South Area
ignature represents your concurrence with the above.
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BellSouth Mobility
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"l July 30, 1996
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Mr. Thom&s Frame
I City Manager
City of Sebastian
1225 Main Street
I Sebastian, FL 32958 .
Re: BellSouth Mobility T. emporary Cell Site'
I TemporarY Communication Facility Agreement
I Dear Mr. Frame:
Please accept this letter as BellSouth Mobility's written Agreement to place a temporary
I cellular communication facility at the Police Department. This site will require a piece of
property that is approximately 20 feet by 46 feet for placement of the temporary facility;
however', we will provide a temporary fence around the exterior of the facility. This
I facility will 24 hour access seven days a week including weekends and holidays for
require
our field personnel and maintenance purposes. The facility will consist of an equipment
shelter that sits on a trailer which is equipped with a crank up tower and generator. This
I shelter will be provided by BellSouth Mobility and will require electrical serdce; the
electric can be separately metered if the capacity is available or, we can install a check
' meter to monitor our use. if electric service is not available, we will use the generator
!= system that is part of the "cell on wheels". With either scenario, BellSouth Mobility will
be responsible for our power consumption and all expenses in connection to our facility.
I It is anticipated that this temporary facility,,will be located on your property for a period of
eight months which would be until March .~ 1, 1997. BellSouth Mobility, Inc will
I indemnify and hold you harmless fi.om and against any and all claims, suits, actions,
damages, causes of actions, costs and expenses which you may be subject to as a result
arisin~ out of or in any way cormected with the use of your property by BellSouth
I Mobi~ty, Inc for this temporary facility.
BellSouth Mobility is proposing to pay a rental amount of $400.00 per month plus
applicable sales tax for the duration of our occupancy for this temporary facility. You will
I be receiving the payments by the first of each month once a building permit is issued or,
when we receive the approval fi.om the City of Sebastian to place the £acility at the Police
Department.
If the above meets with your approval, please indicate your concurrence by signing below
and returning one original to my attention at the above address. If you should have any
questions or comments, you may contact me at (407)995-3580.
Sincerely,
Jo-Ellen Cox
BellSouth Mobility, in¢
Project Manager - Real Estate and Construction
.'j¢
Acknowledgment of Approval
rroperty Owner Date
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City Manager
1225 Main Street
Sebastian, Florida 32958
VIA FACSIMILE:
RE: BellSouth Mobility Lease at Sebastian Police Station (Replacement of Temporary Site)
Dear Mr. VanAntwerp:
BellSouth Mobility is interested in a long-term lease with the City of Sebastian to construct a new telecommunication facility that
would replace the existing temporary site at the police station. BellSouth would require approximately 2500 square feet to
construct the new facility.
BellSouth's facilities are designed to meet all standards specified by the South Florida Building Code as required for such
structures, and state licensed contractors will perform all of the construction work. Our use will not result in an adverse impact to
the area nor will it reduce or effect the capacity of any public facilities or infrastructure. When the equipment is operational, this
site will provide a fundamental means of emergency communication should a hurricane or other natural disasters occur. The
existing tower located at the police station will not accommodate the proposed antennas due to the current loading on the tower.
I have compiled the following specifications on the outdoor equipment that we would like to locate at your site.
Monopole (Picture Included)
Maximum height 125' (subject to FAA and airport approval)
* Panel antennas (Directional, 3-Sector), at the top of the tower
* Pre- Fab Equipment Shelter
* 12' x 26' unmaned self-contained
Utilities (Already existing for temp site) · Power connections
· Telephone line
BellSouth Mobility will be responsible for all utility consumption
BellSouth Mobility is willing to offer $9,000.00 per year for the use of your property. Bell would like to enter a long-term lease
agreement with an initial 5-year term, which will include 4 (5) year options. I have enclosed a copy of BellSouth's standard lease
agreement for your review. If appropriate, please schedule this proposal for the Mayor and Council's consideration. Please notify
me of the date, time and place of the meeting so we can be in attendance.
If you have any questions or comments, please feel free to contact me at (561) 753-7670. Thank you for your time and
consideration.
Sincerely, ] ,
- David M. HerringY
Site Concepts, Inc. - Consultants to BellSouth Mobility
$ITE CONCEPTS INCORPORATED · 299 Camino Gardens Blvd., Suite 204 * Boca Raton. Florida 33432
Monopoles
Site ID No.: ({Site ID No>>
OPTION A.ND LEASE AGREEMENT
THiS AGREEMENT, made this ~ day of
((LESSOR>> (the "LESSOR") and BELLSOUTH MOBILITY INC (the "TENANT").
, 1998 between
PROPERTY
LESSOR is the owner of certain real property located in {{County>> County, State of Florida, and TENANT desires
to obtain an option to lease a portion of such real property, containing approximately (~Square_Footage_Alpha>>
(((Square_Footage_Numeric>l) square feet, together with a fight of way thereto as hereinafter described (such
portion of real property and such right of way being hereinafter called the "Property"). The Property is more
specifically described in, and substantially shown as outlined in red on Exhibit "A" attached hereto and made a part
hereof.
OPTION
NOW, THEREFORE, in consideration of the sum of <~Option_Money_alpha>> ($<{Option_Money_numeric_>>) (the
"Option Money"), to be paid by TENANT to LESSOR within thirty (30) days after TENANT'S execution of this.
Agreement, LESSOR hereby grants to TENANT the exclusive right and option (the "Option") to lease the Property-
in accordance with the terms and conditions set forth herein.
OPTION_PERIOD. The Option may be exercised at any time on or prior to ~(Option Period>>, (the "Option
Period"). At TENANTs election, and upon TENANTs written notice to LESSOR prior to expiration of the Option
Period, the Option Period may be further extended for one (1) additional period of six (6) months, through and
including <{Extended_Option_Period>>, with an additional payment of (~Extended_Option_Amount_alpha>>
(${(Extended_Option_.Amount_numeric.2>), by TENANT to LESSOR for the extension of the Option Period. The
Option Period may be further extended by mutual agreement in writing. If TENANT fails to exercise the Option
within the Option Period, as it may be extended as provided herein, the Option shall terminate, all rights and
privileges granted hereunder shall be deemed completely surrendered, LESSOR shall retain all money paid for the
Option, and no additional money shall be payable by either party to the other.
TRANSFER OF OPTION. The Option may be sold, assigned, or transferred at any time by TENANT to
TENANTs parent company or any affiliate or subsidiary of TENANT or its parent company. OtherWise, the
Option may not be sold, assigned or transferred without the written consent of LESSOR such consent not to be
unreasonably withheld
CHAt.NGES IN PRQPERTY DURING QpTION PERIOD. If during the Option Period or any extension thereof,
or during the term of this Agreement if the Option is exercised, LESSOR decides to subdivide, sell or change the
status of the zoning of the Property or the other real property of LESSOR contiguous to, surrounding, or in the
vicinity of the Property ("LESSOR's Surrounding Property"), LESSOR shall immediately notify TENANT in
writing. Any sale of the Property shall be subject to TENANTs rights under this Agreement. LESSOR agrees that
during the Option Period or any extension thereof, or during the term of this Agreement if the Option is exercised,
LESSOR shall not initiate or consent to any change in the zoning of the Property or LESSOR's Surrounding
Property or impose or consent to any other restriction that would prevent or limit TENANT fi.om using the Property
for the uses intended by TENANT as hereinafter set forth in this Agreement.
TITLE. LESSOR warrants that LESSOR is seized of good and marketable title to the Property and has the full
power and authority to enter into and execute this Agreement. LESSOR further warrants that there are no deeds to
secure debt, mortgages, liens, judgments, restrictive covenants, or other encumbrances on the title to the Property
that would prevent TENANT from using the Property for the uses intended by TENANT as hereinafter set forth in
this Agreement.
ps40000997001~
Site ID No.: ((Site ID No)5
INSPECTIONS. LESSOR shall permit TENANT or TENANT's employees, agents and contractors during the
Option Period, and any extension thereof, free ingress and egress to the Property by TENANT or its employees,
agents and contractors to conduct structural strength analyses, subsurface boring tests, environmental inspections
(including Phase I and Phase Ii audits), radio frequency tests and such other tests, investigations and similar
activities as TENANT may deem necessary, at the sole cost of TENANT. The scope, sequence and timing of the
Inspections shall be at the sole discretion of TENANT; upon notification to LESSOR, the Inspections may be
commenced at any time during the aforementioned Option Period and if the Option is exercised, at any time during
the Lease. TENANT and its employees, agents and contractors shall have the fight to bring the necessary vehicles
and equipment onto the Property and the LESSOR's Surrounding Property to conduct such tests, investigations and
similar activities. TENANT shall indemnify and hold LESSOR harmless against any loss or damage for personal
injury or physical damage to the Property, LESSOR's Surrounding Property or the property of third parties resulting
from any such tests, investigations and. similar activities. Upon written request, TENANT shall furnish to LESSOR
copies of the environmental findings. However, LESSOR shall not rely on said test~ for anything outside this
Agreement and shall indemnify and hold TENANT harmless from such f'mdings.
SURVEYS. LESSOR also hereby grants to TENANT the right to survey the Property and LESSOR's Surrounding
Property, and the legal description of the Property on the survey obtained by TENANT shall then become Exhibit
"B", which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between '
it and Exhibit "A". If as a result of any tests or investigations conducted by TENANT, or if required in connection'
with obtaining any necessary zoning approvals or other certificates, permits, licenses or approvals, TENANT desire~
to alter or modify the description of the Property in Exhibit "A" (and Exhibit "B" if then applicable) so as to relocate
all or any portion of the Property to other portions of LESSOR's Surrounding Property (a "Relocation Site"),
TENANT shall notify LESSOR of such desire and deliver to LESSOR a copy of the survey and legal description of
the portions of the Property and LESSOR's Surrounding Property that TENANT proposes as a Relocation Site.
LESSOR shall have the right to approve any Relocation Site, and LESSOR agrees not to unreasonably withhold its
approval, such approval to be based on commercially reasonable standards. LESSOR agrees to review and consider
TENANTs relocation request and any proposed Relocation Site in good faith and to cooperate with TENANT ~to
attempt, if reasonably possible, to approve the TENANT's proposed Relocation Site or such other Relocation Sire'as
may be agreed upon by LESSOR and TENANT as will allow TENANT to use the same for the use intended by
TENANT for the Property as hereinafter set forth in this Agreement. If LESSOR approves a Relocation Site, then
TENANT shall have the right to substitute the Relocation Site for the PropeCcy and to substitute the description of
the approved Relocation Site for the description of the Property in Exhibit "A" (and Exlffbit "B" if then applicable),
and the Property shall thereafter consist of the Relocation Site so approved and substituted. If requested by
TENANT, LESSOR shall execute an amendment to this Agreement to evidence the substitution of the Relocation
Site as the Property.
GOVERNMENTAL APPROVALS. TENANTs ability to use the Property is contingent upon its obtaining all
certificates, permits licenses and other approvals that may be required by any governmental authorities. LESSOR
shall cooperate with TENANT in its effort to obtain such certificates, permits, licenses and other approvals. During
the Option Period, and during the term of this Agreement if the Option is exercised, LESSOR agrees to sign such
papers as are required to file applications with the appropriate zoning authority and other governmental authorities
for the proper zoning of the Property and for other certificates, permits, licenses and approvals as are required for
the use of the Property intended by the TENANT, if requested by TENANT, any such applications may be filed
with respect to, not only the Property, but also LESSOR's Surrounding Property. TENANT will perform all other
acts and bear all expenses associated with any zoning or other procedure necessary to obtain any certificate, permit,
license or approval for the Property deemed necessary by TENANT. LESSOR agrees not to register any written or
verbal opposition to any such procedures.
UTILITY SERVICES. During the Option Period, and during the term of this Agreement if the Option is
exercised, LESSOR shall cooperate with TENANT in TENANTs effort to obtain utility services along the access
right of way contained in the Property by signing such documents or easements as may be required by the utility
companies. In the event any utility company is unable to use the aforementioned right of way, LESSOR hereby
ps40000997001
Site iD No.: <<Site iD No>>
agrees to grant an additional right of way either to TENANT or to the utility company at no cost to TENANT. If
LESSOR fails to fulfill LESSOR's obligations to cooperate with TENANT as required herein in obtaining the
governmental approvals or utility services contemplated by this Agreement, then in addition to any fights or
remedies that TENANT may have at law or in equity, TENANT shall also be entitled to reimbursement from
LESSOR upon demand of all costs and expenses incurred by TENANT in connection with its activities under this
Agreement, including (but not limited to) costs of environmental assessments, title examinations, zoning application
fees, and attorneys' fees and other legal expenses of TENANT. In the event LESSOR desires to relocate the utilities
and utility easement(s), LESSOR will obtain all certificates, permits and other approvals required by the utility
company and bear all costs associated with such relocation. LESSOR shall ensure that all activities related to the
relocation of such utilities shall not interfere with the construction, maintenance or operation of TENANT's facility.
EXER(~ISE OF OI?TION. TENANT shall exercise the Option by written notice to LESSOR by certified mail,
return receipt requested. The notice shall be deemed effective on the date it is posted. On and after the date of such
notice, this Agreement shall also constitute a lease agreement between LESSOR and TENANT on the following
terms and conditions:
LEASE AGREEM~NT
1. LEASE OF PROPERTY. LESSOR hereby leases to TENANT the Property, which lease includes the
grant of a nonexclusive right and easement during the term of this Agreement for ingress and egress, seven (7) days.
a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and
maintenance of utility wires, cables, conduits and pipes over, under or along the twenty foot (20') wide right of w~'y
extending from the nearest public right of way, which is known as <tSjte~_Addre_s~>>, to the Property, as such right of
way is shown on Exhibit "A" hereto
2. INITIAL TERM AlqkRF~TA[,. This Agreement shall be for an initial term of five (5) years beginning
on the date the Option is exercised by TENANT at an annual rental of <{Annual_Rent_Amount_Alpha>>
($<<Anlaual_RenL.Amount_Nnmeric>>), plus all applicable sales, local, state and federal taxes, to be paid in equal
monthly installments on the first (1~) day of each month during the term, in advance, to LESSOR or to such other
person, farm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in
advance of any rental payment date. If the Option is exercised on a date other than the first (1~t) day of a calendar
month, TENANT shall make a prorated payment of the installment of the annual rental payable for the first and last
month of the term of this Agreement.
3. EXTENSION 0_~ TF~Y[. TENANT shall have the option to extend the term of this Agreement for four
(4) additional consecutive five (5) year periods. Each option for an extended term shall be deemed automatically
exercised without notice by TENANT to LESSOR unless TENANT gives LESSOR written notice of its intention
not to exercise any such extension option at least six (6) months prior to the end of the then current term. If
TENANT gives LESSOR written notice of its intention not to exercise any such option, the term of this Agreement
shall expire at the end of the then current term. All references herein to the term of this Agreement shall include the
term as it is extended as provided in this Agreement.
EXTENDED TERM RENTAI~. The annual rental for the extended terms shall be as follows:
Extended Term Annual Rental
1st $ ~Ex~ended_Term 1 >>
2nd $ ~E~xtended_Term 2 ~>
3rd $ ~Extended_Term_3_>~
4th $ {{Extended_Terms4_?
The annual rental for the extended terms shall be payable in the same manner as the annual rental for the initial
term.
5. CONTINI~AdNCE OF._ LEAB. E. If. at least six (6) months prior to the end of the fourth (4th) extended
ps4000099700~
Site ID No.: {~Site iD No>>
term, either LESSOR or TENANT has not given the other written notice of its desire that the term of this
Agreement end upon the expiration of the fourth (4th) extended term, then upon the expiration of the fourth (4th)
extended term this Agreement shall continue in full force upon the same covenants, terms and conditions for a
further term of one (1) year, and for annual terms thereafter until terminated by either party by giving to the other
written notice of its intention to so terminate at least six (6) months prior to the end of any such annual term.
Monthly rental during such annual terms shall be equal to the rent paid for the last month of the fourth (4) extended
term.
6. IJ_~l~. TENANT shall use the Property for the purpose of constructing, maintaining and operating a
communications facility and uses incidental thereto, which facility may consist of such buildings as are necessary to
house telecommunications equipment,, a free standing monopole or three (3) sided antenna structure of sufficient
height, as determined by TENANT, now or in the future to meet TENANTs telecommunication needs and all
necessary appurtenances, and a security fence of chain link or comparable construction that may, at the option of
TENANT, be placed around the perimeter of the Property (collectively, the "Communications Facility"). TENANT
shall be allowed to modify, supplement, replace, remove or relocate any of its antennas, microwaves or other
appurtenances during the term of this Agreement and any extensions thereof. All improvements, modifications,
supplements, replacements, removals or relocation's which are necessary for TENANTs use shall be made a~
TENANTs expense. LESSOR grants TENANT the right to use such portions of LESSOR's Surrounding Property
as are reasonably required during construction, installation, maintenance, and operation of the Communications
Facility. TENANT shall maintain the Property in a reasonable condition and shall be solely responsible for the
repair and maintenance of all of TENANTs improvements on the Property, excluding repair and maintenance due
to the willful misconduct or negligence of the LESSOR, its employees, agents or contractors. LESSOR shall, not be
allowed to use the Property or the Surrounding Property in any man~er which would cause interference with the
operation of LESSOR's Communication Facilities or to any Subtenants. In the event there is interference due to
LESSOR's actions or usage, LESSOR shall immediately take all steps necessary to eliminate the interference
including, if required, cutting off power to the objectionable equipment. Based on standard and accep.ted
engineering practices, if LESSOR cannot eliminate the interference within twenty-four (24) hours of its inception,
LESSOR shall immediately remove the objectionable equipment md/or cease operations.
7. GovERNMeNTAL APPROV3~I~. LESSOR shall cooperate with TENANT in its effort to obtain and
maintain in effect all certificates, permits, licenses and other approvals required by governmental authorities for
TENANTs use of the Property. The obligations of LESSOR as set forth herein during the Option Period with
respect to governmental approvals shall continue throughout the term of this Agreement. If at any time during the
term of this Agreement, TENANT is unable to use the Property for a Communications Facility in the manner
intended by TENANT due to imposed zoning conditions or requirements, or in the event that after the exercise of
the Option, any necessary certificate, permit, license or approval is finally rejected or any previously issued
certificate, permit, license or approval is canceled, expires, lapses, or is otherwise withdrawn or terminated by the
applicable governmental authority, or soil boring tests or radio frequency propagation tests are found to be
unsatisfactory so that TENANT, in its sole discretion, will be unable to use the Property for a Communications
Facility in the manner intended by TENANT, TENANT shall have the right to terminate this Agreement by written
notice to LESSOR and all rentals paid to LESSOR prior to the termination date shall be retained by LESSOR. Upon
such termination, this Agreement shall become null and void and LESSOR and TENANT shall have no other
further obligations to each other, other than TENANTs obligation to remove its property as hereinafter provided.
8. ~. TENANT shall be responsible for making any necessary returns for and paying any and all
property taxes separately levied or assessed against the improvements constructed by TENANT on the Property.
Taxes are not to be considered as additional rent, but rather as reimbursement to LESSOR and to be separately
billed, TENANT shall pay for any increase in ad valorem real estate taxes levied against the Property which are
directly attributable to the improvements constructed by TENANT on the Property and are not separately levied or
assessed by the taxing authorities against TENANT or the improvements of TENANT. LESSOR shall pay all other
ad valorem real property taxes lev/ed against the Property on or before the date such taxes become delinquent.
ps40000997001
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Site ID No.: (4Site ID No>>
LESSOR hereby agrees that if the taxes which are levied against the LESSOR and TENANT's improvements on
LESSOR's property are incorrectly assessed, TENANT maintains the right to appeal the tax assessment to the
appropriate governmental authority, said appeal shall be paid for by TENANT. Should the State in which the
property is located offer an early payment tax incentive, LESSOR hereby agrees that TENANT shall be allowed to
pay the taxes under the incentive plan which shall allow for TENANT to take advantage of any offered incentives.
LESSOR shall furnish TENANT within thirty (30) days of receipt by LESSOR or LESSOR's representative of the
tax assessment for any assessed taxes which are levied against the Property.
9. INS_I.YB2tNCI~. TENANT shall, at its sole cost and expense, at all times during the term of this Lease
maintain in effect a policy or policies of insurance: a) covering its personal property located on the Leased Property
and TENANT's improvements to the Leased Property paid for and installed by TENANT, providing protection
against any peril included under insurance industry practices within the classification "fee and extended coverage,"
providing protection as deemed desirable by TENANT with respect to its personal property and to the full insurable
value of its TENANT improvements paid for by TENANT; and b) Commercial General Liability insurance with
minimum limits of One Million Dollars ($1,000,000) for injury to or death of one (1) or more persons in any one
(1) occurrence and One Million Dollars ($1,000,000) for damage to or destruction of properties in any one (1)
occurrence. TENANT shall name the LESSOR as an additional insured as its interest may appear in regards to the
aforementioned policies and shall furnish LESSOR with a certificate of insurance upon request by the LESSOR..
Should the Leased Property and/or TENANT's personal property be sublet upon, said Subtenant shall be required to'
maintain similar insurance and to agree to furnish LESSOR, if requested, certificates or adequate proof of such
insurance.
10. SEI~F- INSURANCE. LESSOR acknowledges that TENANT is or may be a self-insurer with respect to
all or a substantial portion of the risks commonly insured against under standard ftre and extended coverage and
commercial general liability insurance policies. Notwithstanding any provision of the Lease to the contrary, so long
as TENANT is BellSouth Mobility, Inc., or any subsidiary, or principal or other affiliate thereof, and has a net worth
in excess of Fifty Million Dollars ($50,000,000), TENANT shall not be requked to obtain or maintain any insurance
policies otherwise required of TENANT under this Lease and any such insurance as may be, from time to time,
maintained by TENANT will be for the sole and exclusive benefit of TENANT in furtherance of its risk
management and self insurance policies and programs. In the event that TENANT should no longer be BellSouth
Mobility, Inc., or any subsidiary, or principal or other affiliate thereof, such TENANT shall be obligated to obtain
and maintain the required insurance policies.
11. INDEMNLFI[(YAT[OI~. TENANT shall indemnify and hold LESSOR harmless against any liability or
loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property
by TENANT or its employees or agents, excepting, however, such liabilities and losses as may be due to or caused
by the acts, omissions or negligence of LESSOR, its employees, agents or contractors.
12. SALE OF PROPERTY. Should LESSOR, at any time during the initial or any extended term of this
Agreement, decide to sell the Property, or all or any part of LESSOR's Surrounding Property, to a TENANT other
than TENANT, such sale shall be subject to this Agreement and TENANT's rights hereunder. LESSOR agrees not
to sell, lease or use any areas of LESSOR's Surrounding Property for the installation, operation or maintenance of
other wireless communications facilities if, such installation, operation or maintenance would interfere with
TENANT's facilities; the existence or the potential for interference shall be determined by performing radio
propagation tests. TENANT hereby agrees to have radio frequency propagation tests performed in order to determine if
interference might exist; any and all tests shall be paid for by the purchasing party. If the radio frequency propagation
tests demonstrate levels of interference unacceptable to TENANT, LESSOR shall be prohibited from selling, leasing or
using any areas of LESSOWs Surrounding Property. LESSOR shall not be prohibited from the selling, leasing or use
of any of LESSOR's Surrounding Property for non-wireless communication use.
13. ASSIGNMExNT. This Agreement may be sold, assigned or transferred at any time by TENANT to
TENANT's parent company or any affiliate or subsidiary of TENANT or its parent company, to any entity with or
ps40000997001 ~
Site ID No.: (<Site ID No))
into which TENANT is merged or consolidated, or to any entity resulting from a reorganization of TENANT or its
parent company. Otherwise, this Agreement may not be sold, assigned or txansferred without the written consent of
LESSOR, such consent not to be unreasonably withheld. TENANT may sublease the Property, but will provide
notice to LESSOR of the sublease. Should TENANT permit other parties to sublease the Property and TENANT's
tower, there shall be no obligation f'mancial otherwise to LESSOR other than providing notice to LESSOR.
However, if additional property is needed by the Subtenant, LESSOR and Subtenant shall negotiate a separate
ground lease between each other. The Subtenant shall be responsible for the terms and conditions of the ground
lease and any additional compensation due to the LESSOR.
14. (20~IDEM/qATION. If the whole of the Property, or such portion thereof as will make the Property
unusable for the puqaoses herein leased, is condemned by any legally constituted public authority, then' this
Agreement, and the term hereby granted, shall cease from the time when possession thereof is taken by the public
authority, and rental shall be accounted for as between LESSOR and TENANT as of that date. Any lesser
condemnation shall in no way affect the respective fights and obligations of LESSOR and TENANT hereunder.
However, nothing in this paragraph shall be construed to limit or adversely affect TENANTs right to an award of
compensation from any condemnation proceeding for the taking of TENANT's leasehold interest hereunder or for
the taking of TENANT's improvements, fixtures, equipment, and personal property.
15. ~UBORDINATIO~. At LESSOR's option, this Agreement shall be subordinate to any deed to secur, e'
debt or mortgage by LESSOR which now or hereafter may encumber the Property, provided, that no such
subordination shall be effective unless the holder of every such deed to secure debt or mortgage shall, either in the
deed to secure debt or mortgage or in a separate agreement with TENANT, agree that in the event of a foreclosure,
or conveyance in lieu of foreclosure, of LESSOR's interest in the Property, such holder shall recognize and confunn
the validity and existence of this Agreement and the rights of TENANT hereunder, and this Agreement shall
continue in full force and TENANT shall have the right to continue its use and occupancy of the Property in
accordance with the provisions of this Agreement as long as TENANT is not in default of this Agreement beyond
applicable notice and cure periods. TENANT shall execute in a timely manner whatever instruments, includin§ a
Subordination Agreement or Estoppel Certificates, as may reasonably be required to evidence the provisions of this
paragraph. In the event the Property is encumbered by a deed to secure debt or mortgage on the date of the exercise
of the Option, LESSOR, no later than thirty (30) days after the Option has been exercised, shall obtain and furnish
to TENANT a Non-Disturbance Agreement in recordable form from the holder of each deed to secure debt or
mortgage.
16. TITLE INSI. YRA~CE. TENANT, at TENANT's option, may obtain title insurance on the Property.
LESSOR, at TENANT's expense, shall cooperate with TENANTs efforts to obtain title insurance by executing
documents or obtaining requested documentation as required by the title insurance company. If LESSOR fails to
provide requested documentation within thirty (30) days of TENANT's request, or fails to provide any
non-disturbance agreement required in the preceding paragraph of this Agreement, TENANT, at TENANT's option,
may withhold and accrue the monthly rental until such time as all such documentation is received by TENANT.
17. HAZARI~OUS MATERlz~LS. LESSOR warrants, represents and agrees that neither the LESSOR nor, to
the best of LESSOR's knowledge, that any third (3~) party has used, generated, stored or disposed of any
Hazardous Materials (Hazardous Materials shall mean petroleum or any petroleum product, asbestos, and any other
substance, chemical or waste that is identified as hazardous, toxic, or dangerous in any applicable Federal, State, or
Local law, rule or regulation. In the event that hazardous materials are found in, on, or under the Property, which
occurred prior to the date of this Agreement, LESSOR shall assume the liability and costs for any clean up resulting
therefrom. TENANT and LESSOR shall be responsible for any and all damages, losses, expenses and will
indemnify each other against and from any discovery by any persons or such hazardous materials or wastes,
generated, stored or disposed of as a result of TENANT's or LESSOR's respective equipment, uses of the Property
or any of the Surrounding Property.
18.
OPPORTUNITY TO QLIRg. If TENANT should fail to pay any rental or other amounts payable under
ps40000997001
Site ID No.: (4Site ID No>>
this Agreement when due, or if TENANT should fail to perform any other of the covenants, terms or conditions of
this Agreement, prior to exercising any rights or remedies against TENANT on account thereof, LESSOR shall first
provide TENANT with written notice of the failure and provide TENANT with a thirty (30) day period to cure such
failure (if the failure is a failure to pay rental or any other sum of money under this Agreement) or a sixty (60) day
period to cure such failure (if the failure is a failure to perform any other covenant, term or condition of this
Agreement). if the failure is not a failure to pay rental or any other sum of money hereunder but is not capable of
being cured within a sixty (60) day period, TENANT shall be afforded a reasonable period of time to cure the
failure provided that TENANT promptly commences curing the failure after the notice and prosecutes the cure to
completion with due diligence.
19. NQTI[C$~. Except as otherwise provided herein, any notices or demands which are required by law or
under the terms of this Agreement shall be given or made by LESSOR or TENANT in writing and shall be given by
hand delivery, telegram or other similar communication or sent via facsimile followed up by an original hard copy
or by certified or registered mail, or by a national overnight receipted delivery services which provides signed
acknowledgments of receipt (including Federal Express, UPS, Emery, Purolator, DHL, Airborne and other similar
couriers delivery services) and addressed to the respective parties set forth below. Such notices shall be deemed to
have been given in the case of telegrams or similar communications when sent; in the case of certified or registered
mail when deposited in the United States marl with postage prepaid, and in the case of overnight receipted delivery.
service the day the notice is deposited with the overnight delivery service. Every notice, demand, or request.
hereunder shall be sent to the addresses listed below:
If to LESSOR:
If to TENANT:
((LessoD>
(~Lessors_Street>>_
(~Lessors_City_State_Zip>>_
BellSouth Mobility Inc
5201 Congress Avenue
Boca Raton, FL 33487
Attention: Network Real Estate Manager
Rejection or refusal to accept delivery of any notice, or the inability to deliver any notice because of a changed
address of which no notice was given, shall be deemed to be receipt of any such notice.
20. CASUALTY. If TENANT's Communications Facility or improvements are damaged or destroyed by fzre
or other casualty, TENANT shall not be required to repair or replace the Communications Facility or any of
TENANT's improvements made by TENANT. TENANT shall not be required to expend for repairs more than
twenty-five percent (25%) of the replacement yalue of the Communications Facility or any improvements.
Additionally, if completion of the repairs is not possible within ninety (90) days following the date of the damage or
destruction, TENANT may terminate this Agreement by giving written notice to LESSOR. Termination shall be
effective immediately after such notice is given. Upon such termination, this Agreement shall become null and void
and LESSOR and TENANT shall have no other further obligations to each other, other than TENANTs obligation
to remove its property as hereinafter provided.
21. TERMINATION. Notwithstanding any other termination rights available to TENANT under this Lease,
TENANT, at its sole and absolute discretion, shall have the right to terminate this Lease with ninety (90) days prior
written notice to LESSOR and a lump sum payment to LESSOR in an amount equal to twelve (12) months rent or
the total of the remaining months of the term, whichever is less. The rental rate shall be computed at the rate which
is in effect at the time of termination. Upon termination TENANT shall execute upon the request of the LESSOR a
written cancellation of the lease upon the TENANT vacating the Property or upon termination of the lease, in
recordable form and TENANT shall have no other further obligations, other than TENANT's obligation to remove
its property as hereinafter provided.
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22. REMOVAL OF IMPROVEMI~.T$. Tire to all improvements constructed or installed by TENANT on
the Property shall remain in TENANT, and all improvements constructed or installed by TENANT shall at all times
be and remain the property of TENANT, regardless of whether such improvements are attached or affixed to the
Property. Furthermore all improvements constructed or installed by TENANT shall be removable at the expiration
or earlier termination of this lease or any renewal or extension thereof, provided TENANT shall not at such time be
in default under any covenant or agreement contained in this lease. TENANT, upon termination of this Agreement,
shall, within ninety (90) days, remove all improvements, fixtures and personal property constructed or installed on
the Property by TENANT and restore the Property to its original above grade condition, reasonable wear and tear
excepted. If such removal causes TENANT to remain on the Property after termination of this Agreement,
TENANT shall pay rent at the then existing monthly rate, or on the existing monthly pro rata basis if based upon a
longer payment term, until such time as the removal is completed.
23. MISCELLANEOUS. This Agreement cannot be modified except by a written modification executed by
LESSOR and TENANT in the same manner as this Agreement is executed. The headings, captions and numbers in
this Agreement are solely for convenience and shall not be considered in consuming or interpreting any provision in
this Agreement. Wherever appropriate in this Agreement, personal pronouns shall be deemed to include other
genders and the singular to include the plural, if applicable. This Agreement contains all agreements, promises and-
understandings between the LESSOR and TENANT, and no verbal or oral agreements, promises, statement, '
assertions or representations by LESSOR or TENANT or any employees, agents, contractors or other
representations of either, shall be binding upon LESSOR or TENANT.
24. QUIET ENJQ. YM~IT. LESSOR covenants that TENANT, on paying the rental and performing the
covenants, terms and conditions required of TENANT contained herein, shall peaceably and quietly have, hold and
enjoy the Property and the leasehold estate granted to TENANT by virtue of this Agreement.
25. ,SECURITY i~ITEREST. It is the express intent of the parties to this Lease that LESSOR have 'no
security interest whatsoever in any personal property of TENANT whatsoever, and, to the extent that any applicafile
statute, code or law grants LESSOR such an interest, LESSOR does hereby expressly waive any rights thereto.
26. REPRESENTi$1~ON. LESSOR and TENANT warrant to each other that they were represented in this
transaction by t(Les~0L.lgepresentative>} and SBA, Inc. as authorized agent for TENANT, respectively an.d by no
other real estate brokerage fu'ms. Additionally, the parties warrant to each other that they will each hold the other
harmless from and indemnify each other against claims made by any broker claiming to have represented the
indemnifying party in this transaction.
27. GOVERNING LAW. This Agreement shall be governed and interpreted by, and construed in accordance
with, the laws of the State Florida.
28. ATT_QI~rEy's FEES. In any proceeding which either party may prosecute to enforce its rights here-
under, the unsuccessful party shall pay all costs incurred by the prevailing party (as such parties are hereafter
defined), including reasonable attorneys' fees.
29. M'EMORANDI~M OF LEASE. At the request of TEN)uNT, LESSOR agrees to execute a memorandum
or short form of this Agreement, in recordable form, setting forth a description of the Property, the term of this
Agreement and other information desired by TENANT for the purpose of giving public notice thereof to third
parties.
30. CONFIDISNTIALITY. LESSOR agrees not to discuss publicly, advertise, nor publish in any newspaper,
journal, periodical, magazine, or other form of mass media, the terms or conditions of this Lease Agreement. Doing
so shall constitute a default under this Agreement immediately. It is agreeable that both parties will not discuss
terms and conditions with any parties not directly involved with this Lease.
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31. BINDING EFFECT. This Agreement shall extend to and bind the heirs, personal representatives,
successors and assigns of LESSOR and TENANT and shall constitute covenants running with the land,
32. COUNTERPARTS, This Agreement may be executed in several counterparts, each of which shall
constitute an original and all of which shall constitute the same agreement.
33. RADON GAS. In accordance with Florida law, the following statement is hereby made: "RADON GAS:
Radon is a natural occurring radioactive gas, that when it has accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State
guidelines have been found in buildings in Florida." Additional information regarding radon and radon testing may
be obtained from your County Public Health Unit.
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IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals
Signed, sealed and delivered
in the presence of: LESSORS:
Wimess
Name Printed
Wimess
Name Printed
<~Signator~l >)
Social Security No.: <<Tax ID 1>>
Telephone No.: <<Phone>)
Date:
Witness
Name Printed
Witness
Name Printed
~(Signator_2>>
Social Security No.: <(Tax ID 2>>
Telephone No.: {{Phone>>
Date:.
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
1997, by ~<Signator_l>> who is personally known to me or who has produced
identification.
My Commission Expires:
(NOTARY SEAL)
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
1998 by {(Signator_2>> who is personally known to me or who has produced
identification.
day of
NOTARY PUBLIC
day of
My Commission Expires:
(NOTARY SEAL)
Print Name:
NOTARY PUBLIC
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Signed, sealed and delivered
in the presence off
TENANT:
BELLSOUTH MOBILITY INC
Witness
Name Printed
Steve Gray
Title: Vice President / General Manager
Wimess
Name Printed
Date:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
1998 by Steve Gray who is personally known to me or who has produced
identification.
day of
My Commission Expires:
(NOTARY SEAL)
NOTARY PUBLIC
Print Name:
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EXHIBIT "A"
(Description of Landlord's Property)
Site ID No.: ~Site ID No~
*The parties agree that this Exhibit "A" will be replaced with an Exhibit "B" which shall more particularly describe
the location and dimensions of the Property, if any, when the survey has been completed. To the extent of any
inconsistency between the areas depicted in this Exhibit "A" or any replacement to it, and the areas described in the
Lease, the replacement Exhibit "B' shall control.
INITIAL HERE
Site ID No.: <<Site ID No>>
EXItlBIT "A" (continued)
(Site Sketch)
*The parties agree that this Exhibit "A" will be replaced with an Exhibit "B" which shall more particularly describe
the location and dimensions of the Property., if any, when the survey has been completed. To the extent of any
inconsistency between the areas depicted in this Exhibit "A" or any replacement to it, and the areas described in the
Lease, the replacement Exhibit "B" shall control.
INITIAL HERE