HomeMy WebLinkAbout07231997 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX
(561)
589-5570
DATE:
TO:
MEMORANDUM
July 18, 1997
Mayor Barnes and City Council Members, City Manager, City Attorney
FROM: Kathoaa M. O'Halloran
City Clerk
7/23/97 AGENDA - ITEMS DEFERRED FROM 7/9/97 REGULAR MEETING DUE TO
LACK OF TIME
Please bring your July 9, 1997 agenda packet to the July 23, 1997 Regular Meeting for agenda items 9 A
through D which are the items deferred from July 9th due to lack of time. Backup for those items will not be
~. Also please remember to bring the Cavcorp plans which were distributed under separate cover
for July 9.
The items are on pages 63 through 98 of your July 9th agenda packet.
During the July 9th meeting the Primeco Lease Agreement and Review of the Pending List were also
deferred to the July 23, 1997 meeting. Those items will be recopied in the new agenda packet and are listed
under Old Business since there is a revised contract for Primeco and an updated pending list.
sam
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 23, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
.1225MAINSTREET, SEBASTIAN, FLORIDA
Individuals shah address the City Council with respect to agenda items immediately prior to deliberation, of the
item by the City Council - limit often minutes per speaker ('R-97-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION/MOMENT OF SILENCE
4. ~?~Ad~ALL
5. AGENDA MODIFICATIONS (ADDITIONSAND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council
members (R-97-21)
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR p. RESENTATIONS
CITY ATTORNEY MATTERS
CITy MANAGER MATTERg
ITEMS DEFERRED FROM 7/9/97 REGULAR MEETING. DUE TO LACK OF TIME
97.071
Review the Final Plans for Par'king Area on the Cavcorp Property Prepared by CRA Engineering and
Determine the Council's Satisfaction Prior to Staff Submitting the Plans to the Planning and Zoning
Commission for Site Plan Approval and the Solicitation of Bids for Construction (Community
Development Director Transmittal 7/1/97; Site Plans Attached)
97.176/
96.110
Old Pgs
65-78
97.192
Old Pgs
79-82
97.177
Old Pgs
83-84
97.180
Old Pgs
97-98
10.
1
97.184
37-49
97.185
51-52
Do
Adopt Resolution R-97-40 - Supplemental A~eement No. 2 with CRA En~neering. Inc.
to Provide Consulting Services - Communi~ Block Grant~(Communitv Development Directgr
Transmittal 7/1/97. R-97-40. Supplemental Agreement No.2. Scope of Work3
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHOR~ING THE CITY
MANAGER TO SIGN A_ND THE CITY CLERK TO ATTEST, ON BEHALF OF TIlE CITY, SUPPLEMENTAL
AGREEMENT NO. 2 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDiNG FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading of O. rdinance 0-97-55, Schedule Second Reading and Public Hearingfor ~.
Au~st 13.1997 (City Manager transmittal 7/2/97: O-97-55)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
CREATING A NEW SECTION TO CHAPTER 98, ARTICLE li OF THE CITY OF SEBASTIAN CODE OF
ORDIN4~CES EN2TI7323'~DESIGNATION OF 'NO PARKING' AREAS" PROVIDING THAT THE CITY COUNCIL
MAY ESTABLISH '~NO PARKING" OR 'q~ESTRICTED PARKING" ZONES WITHIN THE CITY OF SEBASTIAN B Y
RESOLUTION; PROVIDING THAT 1T IS' UNLAWH~ TO PARK IN A DESIGNATED NO PARKING ZONE;
PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Approve the Airport Manager Position Job Description with the Modification Regarding Unicom
Communications (City Manager Transmittal 7/1/97, Airport Manager Job Description)
Consider the Request for a Waiver of the perimeter Setback for a Proposed Gasoline Canopy.
(Community Development Transmittal 7/I/97; Letter from R. Mosby to B. Massarelli Dated
6/25/97; Site Plan)
CONSENTAGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 6/25/97 Regular Meeting, 7/9/97 Workshop, 7/9/97 Regular Meeting
Bo
Adopt Resolution No. R-97-41 - Vacation of Easement - Jursik (City Clerk Transmittal 7/15/97,
R-97-41, Application; Site Map, Survey, StaffReport, No Objection Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDO~G AlqD DISCONTINUING THE WEST F1VE (5) FEET OF LOT 12 AND THE EAST FIVE (5) FEET OF
LOT 13,BLOCK 117, SEBASTIAN HIGHLANDS LrNIT 2, LESS THE SOUTH 10 FEET THEREOF, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDINCr, AND PROVIDING AN EFFECTIVE DATE.
Bid Award - Community Development and Council Chambers/Engineering Hurricane Shutters -
Central Window of Vero Beach. Inc. in the Amount of $5,156.00, (City Manager/Asst. to City
Manager Transmittal 7/14/97, Bid Tabulation Form)
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97.167
53-64
97.186
65-72
97.187
75-86
97.188
87-88
97.189
89-91
11.
12.
13.
97.190
93-116
97.191
I1~120
97.192
121-122
97.157
123-128
Approve St. Johns River Water Management District Agreement for Fully Funded Grant in an
Amount Not to Exceed $7,997 for Placement of Educational Interpretive Display Panels on
Riverview Park Observation Pier as Part of Shoreline Stabilization Project (City Manager
Transmittal 7/17/97, Weaver Letter 7/3/97, Agreement)
Approve Annual Florida Department of Corrections Interagency/Public Works Agreement with
Indian River County Correctional Institution for Inmate Labor (City Manager Transmittal 7/17/97,
Matthews Letter 6/26/97, Agreement)
Schedule Public Hearing for Consideration of a Permit and Certificate of Public Convenience and
Necessity for A.D.M. Transport in Accordance with Section 106-54 of the Code of Ordinances (City
Manager Transmittal
Approve Sebastian River Art Club - Request Use of Riverview Park for Annual Art Shows -
11/15/97 (11/16/97 raindate), 12/13/97, 12/14/97 raindate), 1/17/98 (1/18/97 raindate), 2/21/98
(2/22/98 raindate), 3/21/98 (3/22/98 raindate); 4/18/98 (4/19/98 raindate) - Standard Conditions
(City Clerk Transmittal 7/8/97, Dougherty Letter 7/8/97)
Approve Lions Club Request for Use of Riverview Park and Electricity on September 1, 1997 from
7:30 a.m. to 7:30 p.m. for Labor Day Family Barbecue - Standard Conditions (City Clerk
Transmittal 7/17/97, Ellis Letter 5/12/97, Flyer)
PUBLIC HEARING - None
IiVTRODU~ION OF NEW BUSINESS FROM THE PIJB. LIC
Which is not otherwise on the agenda - sign-up required - limit o:f ten minutes:for each speaker
COMMITTEE REPORTS/RECOMMENDATIONS
A. Planning and Zoning Commission
Interview and Appoint Regular Member - Term to Expire 6/1/00 - Board Recommends
Horry Johns (Community Development Director Transmittal 7/15/97, Applications, P & Z
Minutes 6/19/97)
Handica~oed Self-Evaluation Committee
Interview and Appoint Regular Member - Unexpired Term to Expire 6/99 - Only One
Application Received - Committee Recommends Catherine Ackerman (City Clerk
Transmittal 7/10/97, Application)
C. Riveffront Committ~
Accept Resignation of Edward Moore Effective Immediately (Director of Community
Development Transmittal 7/I 6/97, Moore Letter 7/14/97)
E. Tree Advisory Board
Appoint Alternate Member - Unexpired Term to Expire 11/98 - Only One Application
Received - Committee Recommends William Brognano (Director of Community
Development Transmittal 7/16/97, Application, Minutes)
97.179
129-140
Approve the Proposed Lease Agreement with Primeco Personal Communications and Authorize the
City Manager to Execute Said Lease (City Manager Transmittal 7/I/97; Primeco Personal
Communications Lease Agreement)
97.175
141-175
Review Pending List (7/10/97 List)
97.080
147-148
149-157
159-162
Bid Award for Police Facility HVAC Improvements to Hill York Corporation in the Amount of
$306,100 and Appropriate $103,0 l0 from Undesignated Non-Departmental Funds (City Manager
Transmittal 7/16/97, Bid Committee Recommendation)
Release $2,900 Code Enforcement Lien for Property in Rivers Edge Subdivision for Value of
Property Deeded to City in May 1997 (City Manager Transmittal 7/17/97, County Attorney Letters
7/7/97 and 7/15/97, Deed 5/13/97, Lien)
Proposed Settlement in the Case of Richard Fey vs City of Sebastian (City Manager/City Attorney
Transmittal 7/17/97, Proposed Release)
16. CiTY COUNCIL MATTERS
A. Mrs. Louise Cartwright
B. Mr. Larry Paul
C. Mm. Ruth Sullivan
D. Mayor Walter Barnes
E. Vice Mayor Richard Taracka
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council}
ANY PER~ON WHO DECIDF~ TO APPF_ML ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO A3IY MA TI'ER CONSIDERED
AT THIS MEETING (OR HEARING) iYILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBAT1M
RECORD OF THE PROCEgDINGS IS MADE, IgItlCH RECORD INCLUDES THE TEST1MONY AND EViDENCE UPON WHICH THE APPEAL
IS TO BE HF_.ARD. (286.0105F. S.)
1N COMPLIANCE WITH THE AbiERICANS IVITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LF_.4$T 48 HOURS IN ADVANCE OF THIS MEETING.
Ut~coming ?v[eetln es:
Open Forum - Wednesday, duly 30, 1997 ~ 7pm
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 25, 1997 - 7:00 P.M.
CITY COUNCIL CRAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
The Invocation was given by Police Chaplain Frank Carnillo
Ci[y Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Communi .ty Development, Bob Massarelli
Public Works Director, Pat Brennan
CiLy Engineer, Martha Campbell
Deputy Ci.ty Clerk, Sally Maio
Regular City Council Meeting
June 25, 1997
Page Two
97.157
97.168
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELt~TIQN~]
Items not on the 'written agenda may be added only upon majority vote of City Council members (R-97-21)
None.
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Present Plaque to Donna Starck - Tree Adviso~ Board
Donna Starck was not present.
B. Proclamation - Amateur Radio Week - June 22 - 28_ 1997 - Bill Wrocklage. President of Veto
BeachAmateur Radio_Club Accepting(3YrocklageLetter 6/12/97)
Mayor Barnes read and presented the proclamation to Bill Wrocklage. Mr. Wrocklage invited all to
visit their site at the Environmental Learning Center this weekend.
CITY ATTORNEY MATTERS.
97.118
Schedule Attom~/Client Meeting Re: Libertino/Ordonez Appeal - Authorize Staffto Obtain
Services of Court Reporter (Ci~ Manager Transmittal 6/19/9.7)
The City Attorney requested an attorney/client meeting. It was the consensus of City Council to
schedule the meeting for Tuesday, July 1, 1997 at 6:30 p.m. The City Attorney said this is not a
public meeting.
CITY MANAGER MATTERS
The City Manager reported on a meeting with Indian River County Emergency Management meeting on June
17, 1997. He said the same staff members will attend a similar meeting tomorrow morning.
CONSENT AGENDA
All items on the con:tent agenda are considered to be routine and will be enacted by one moO'on. There will be no separate
di,acu~'on of con.~t agenda item~ unle~ a member of Cio~ Council ~o requests; in which event, the item will be removed and acted
upon separate~.
A. Approval ot'Minutes - 6/4/97 Workshop, 6/11/97 Workshop, 6/11/97 Regular Meeting
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Regular City Council Meeting
June 25, 1997
Page Three
97.169 B.
97.170 C.
97.138 D.
Adopt Resolution No. R-9%36 - Vacation of Easement - Burr - Lots 16 & 17, Block 54, Unit 2 (City
Clerk Tran.mfittal 6/17/97, R-97-36, Application, Site Map, Survey, Staff Report, Non-Objection Letters)
A RESOLI. FI'ION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANI~NING AND DISCONTINUING THE WEST FIVE (5) FEET OF LOT 16 AND TIIE EAST FIVE (5) FEET OF
LOT 17, BLOCK 54, SEBASTIAN HIGHLANDS UNIT 2, LESS TI-[E EAST TEN (10) FEET THEREOF, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PBI 5-36, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLLrrlONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Approve Purchase of Savin Model #9500 Copier for Community Development Department and 49
Maintenance Agreement- Piggyback University of Florida Bid #96K-2YC - from Max Davis
Associates, Inc. - West Palm Beach - $11,328 plus Monthly Maintenance (City Manager/Assistant
to City Manager Transmittal 6/17/97)
Award Contract for Barber Street Sports Complex Drainage and Improvements to Henry Fischer and
Sons, Inc. in the Amount of $85,693.g0 (City Manager/Assistant to the City Manager/Purchasing
Agent Transmittal 6/16/97, Bid Tabulation, Pgs 1 & 2 of Proposal, Insurance Certificate)
The City Manager read the consent agenda and the City Attomey read Resolution No. R-97-36 by
title.
Mrs. Cartwright removed item B, Mayor Barnes removed item A.
MOTION by Taraeka/Paul
I move to approve items C and D of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Canwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Item A - Minute~
Mayor Barnes changed "anyone" to "everyone" on page 12 of the 6/I 1/97 Regular Meeting minutes.
Regular City Council Meeting
June 25, 1997
Page Four
10.
MOTION by Barnes/Sullivan
I'I1 make a motion to approve item A as amended.
ROLL CALL:
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Item B- Vacation of Easement
In response to Mrs. Cartwright, the Director of Community Development said the two lots have a
unity of title and there is no reason for the easement.
MOTION by Cartwright/Taracka
I move to approve item B of the consent agenda.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTIONCARR/EDS-0
PUBLIC HEARING
Procedures for public hearings: (It-97-20
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
· StaffPresentation
· Public Input - Limit oflO Minutes Per Speaker
· StaffSummation
· Mayor Closes Hearing
° Council Action
Anyone }Fishing to Speak is Asked to Sign Up Prior to the Meeting F/hen Called go to the Podium and
State His/Her Name for the Record
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Regular City Council Meeting
June 25, 1997
Page Five
97.048 A.
Second Reading. Public Hearing and Final Adoption of Ordinance No. Q-9%39 (Director of
Communi _ty DevelopmentTransmittal 6/19/97. O-97-39)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-9.7.K4. OF
THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO MAJOR SUBDIVISION PROCEDURES BY
REQUIRING A PRE-APPLICATION MEETING AND REVISING THE REQUIRED INFORMATION TO BE PROVIDED AT THE PRE-
APPLICATION MEETING, BY SUBSTITUTING PLAT FOR PLAN, BY REQUIRING COPIES OF INFORMATION PROVIDED TO
BE IN A g 1/2 INCH BY 11 INCH FORMAT, BY REQUIRING A CONCEPTUAL MASTER STORMWATER PLAN FOR A
PRELIMINARY PLAT, BY REQUIRING STATEMENTS OF COMPLIANCE, BY ELIMINATING THE REFERENCE TO REQUIRED
IMPROVEMENTS IN THE PRELIMINARY PLAT, BY SUBSTITUTING APPLICATION FOR APPLICANT, BY PROVIDING
PROCEDURE~ FOR REQUIRED IMPROVEMENT DF_.~IGN APPROVAL, BY PROVIDING FOR CITY COUNCiL APPROVAL OF
A FINAL PLAT, BY AMENDING THE REQUIRED COMPLIANCE, BY MODIFYING THE TIME RESTRICTIONS ON
DEVELOPMENT, BY PROVIDING FOR THE APPLICATION OF FINAL PLAT APPROVAL TO THE COMMUNITY
DEVELOPMENT DEPARTMENT, AND BY EI..RdINATING REFERENCE TO THE APPENDIX; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading
Originally $ch~lul~l for $/14/97 and i~ferr,d to 5/28/97, Revised and Publi,, Hearing Set for 6/25/97)
The City Attorney read Ordinance No. O-97-39 by title and Mayor Barnes opened the public hearing
at 7:22 p.m.
The Director of Community Development reviewed the changes since fa'st reading and pointed out a
scriveners error in the title, a reference to the wrong section number and had been assured by the City
Attorney that the ordinance did not need to be readvertised.
Mrs. Canwright pointed out a minor error, i.e. "maintained".
Mayor Barnes pointed out a minor error, i.e. "compliance" instead of"complacence".
Mayor Barnes closed the public hearing at 7:30 p.m.
MOTION by Taracka/Paul
I move to approve Ordinance O-97-39 as amended.
ROLL CkLL:
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
- aye
~ aye
- aye
- aye
MOTION CARRIED 5-0
Regular City Council Meeting
June 25, 1997
Page Six
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97.049 B.
Second Reading. Public Hearing and Final Adoption of Ordinance No. 0-97-40 (Director of
Communi _ty Development Transmittal 6/19/97.0-97-40)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-18.2, 20A-
18.6, AND 20A-IS.7. OF THE LAND DEVELOPMENT CODE P,Y_K}ARDING PROCEDURES RELATING TO THE CONSTRUCTION
OF REQUIRED IMPROVEMEN'~ BY PROVIDING THAT CONSTRUCTION MAY BEGIN AIl'ER APPROVAL OF THE REQUIRED
IMPROVEMENTS DESIGN, BY AMENDING THE TIME EXTENSION PROVISIONS, AND BY MODIFYINO THE ACCEPTANCE
AND MAINTENANCE OF REQUIRED IMPROVEMENTS PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLIC'~; PROVIDING FOR SEVERABIla'TY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading Originally Scheduled
for 5/14/97 ~ Deferred t~ 5/28D7, Revised and Publi~ Hearing Set for 6/25/97)
The City Attorney read Ordinance No. O-9740 by title and Mayor Barnes opened the public hearing
at 7:32 p.m, and being no public input, dosed the public hearing.
MOTION by Taraeka/Paul
I move to approve Ordinance O-97-40.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
97.050 C.
MOTION CARRIED 5-0
Second Readine. Public Hearing and Final AdOption of Ordlnan¢~ No, O-9%41 - Second Readine
and Public Hearing Deferred from 5/28/97 (Director of Communi _ty Development Transmittal
6/19/97_ 0-97-4 I)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDiNG SECTIONS 20A-I 8.2, 20A-
18.3, 20A-I&4, 20A-IKS, AND 20A-I&7 OF THE LAND DEVELOPMENT CODE REGARDiNG PROCEDURES RELATINO TO THE
CONb"I'RUCTION OF REQUIRED IMI~RO~ BY SUBSi 11 u'rING COMMUNITY DEVELOPMENT DIRECTOR FOR CiTY
ENGINEER AND CITY CLF, RK; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVER. ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 4/23/97, Aflver~i~nt 5/14/97, Public Hearing Originally
Scheduled for 5/28/97, Revised and Public Heating Scheduled fee 61'25/97)
The City Attorney read Ordinance No. O-97-41 by title and Mayor Barnes opened the public hearing
at 7:33 p.m. and, being no public input, closed the public hearing.
MOTION by Cartwright/Taracka
I move to adopt Ordinance 97-41.
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!
iRegular City Council Meeting
I J
une 25, 1997
Page Seven
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97.140 D.
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ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Second Reading. Public Hearing and Final Adoution of Ordinance No. 0-97-45 (Director of
Community_ Develonment Transmittal 6/19/97. Q~97.45)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE CODE OF ORDINANCES TO REQUIRE TERMITE SHIELDS ON ALL NEW CONSTRUCTION OF WOOD FRAME
BUILDINGS AND STUCCO STOPS ON ALL NEW CONSTRUCTION OF STUCCO BUILDINGS, PROViDINO FOR CODIFICATION,
PROVIDING FOR CONFLICTS, PROVIDING FOR SEVER.ABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. (ist Reading
5/28/97, Revised and Public Hearing Set for 6/25/9T)
The City Attorney read Ordinance No. O-97-45 by title and Mayor Barnes opened the public hearing
at 7:35 p.m.
The Director of Community Development said he had asked the Building Official to write out
standards in detail for distribution to developers.
Mayor Barnes closed the public hearing at 7:37 p.m.
Harry Thomas, 654 Balboa Sweet, Sebastian, said copper sheet is used in different areas of the
The Director of Community Development said he would add it to the list of materials. Mrs.
Cartwright asked if the language could be changed to "shield approved by the Building Department".
MOTION by Taracka/Paul
I move to approve Ordinance O-97-45 as amended.
ROLL CALL:
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
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Regular City Council Meeting
June 25, 1997
Page Eight
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97.142 E.
Second Reading_ Public Heating and Final Adoption of Ordinance No, 0,97-47 (Directorial
CornmuniW Development Transmittal6/19/97. O-97-47~
AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.11.D.6. OF
THE LAND DEVELOPMENT CODE REGARDING MINIMUM SIZE OF A GARAGE OR CARPORT IN THE MARINE
COMMERCIAL AND RESIDENTIAL ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Ist Reading 5/28/97, Public He. ring Set for
6/25/9~
The City Attorney read Ordinance No. O-97-47 by title and Mayor Barnes opened the public hearing 1
at 7:40 p.m. and being, no public input, heclosed the public hearing.
MOTION by Cartwright/Taracka
I move to adopt Ordinance 97-47.
ROLL CALL:
Mr. Patti - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mas. Cartwright - aye
97.144 F.
MOTION CARRIED 5-0
Second Reading. Public Hearing and Final Adoption of Ordinance No. 0-97-49 (Director of
Communi _ty Development Transmittal 6/19/97. O-97-49~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-5.7.D.4. OF
THE LAND DEVELOPMENT CODE REGARDING REQUIRING ACCESSORY BUILDINGS TO COMPLY WITH THE
COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDiNG FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 5/'28/97, Public Hearing Set for 6/25/97)
The City Attorney read Ordinance No. 0-97-49 by title and Mayor'Barnes opened the public hearing
at 7:42 and, being no public input, he closed the public hearing.
MOTION by Taracka/Paul
I move to approve Ordinance No. 0-97-49.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
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Regular City Council Meeting
June 25, 1997
Page Nine
97.145 G.
97.096 H.
Second Reading. Public Hearing and Final Ado~ti.on of Ordinance Nq, Q-97-50 (Directqr. of
Communi _ty Development Transmittal 6/19/97.0-97-50)
AN ORDINANCE OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 13.13 OF THE
LAND DEVELOPMENT CODE REGARDING VISIBILITY TRIANGLES; .PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FoR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst R,'adlng 5/28/97, Public
Hearing Set for 6/25/9T) ',
The City Attorney read Ordinance No. O-97-50 by title and Mayor Barnes opened the public hearing
at 7:43 p.m., and being no public input, he closed the public heating.
MOTION by Taracka/Paul
I move to approve Ordinance No. O-97-50.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Second Reading. Public Hearing of Ordinance No~..O-97~52 - Final Public Hearing and Adoption
Scheduled for 7/9/97 (Director of Community I~velopment Transmittal 6/19/97. O-97-52~
AN ORDINANCE OF ~ CITY OF SEBA,.qTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-3.7 AND
20A4.8 OF THE LAND DEVELOPMENT CODE REGARDING THE DELETION OF RESIDENTIAL MANUFACTURED HOMES
IN THE PUB.MH DISTRICT, THE MODIFICATION OF THE DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN
TIlE RMH DISTRICT, PROVIDING FOR A DEFINITION OF RF_~IDENTIAL MANUFACTURED BUILDING IN PUD-MH, AND
PROVIDING FOR THE USE OF A RESIDE~ MANUFACTURED BUILDING AS A PERMI'FEED USE IN THE PUD-MH
DISTRICT; PROVIDING FOR CODIFICATION; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (l~t R~ading 5/28/97, 1st Public Hearing Set for 6/25/97, 2nd Public Hearing and Adoption
The City Attomey read Ordinance No. O-97-52 by title and Mayor Barnes opened the public hearing
at 7:44 p.m. and, being no public input, he closed the public hearing.
The City Attorney pointed out that "manufacture" should be "manufactured" in the title.
MOTION by Cartwright/Paul
I move to hold a second public heating second reading for July 9, 1997.
ROLL CALL: Mr. Taracka
Mrs. Camwight
Mr. Paul
Mrs. Sullivan
Mr. Barnes
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
9
Regular City Council Meeting
June 25, 1997
Page Ten
11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Harry Thomas, 654 Balboa Street, Sebastian, reques, ted that information for the press be filtered through the
City Manager's Office.
TAPE I - SIDE II (7:50 p.m.)
Leonard Bassi, 573 Browning Terrace, SebaStian, discussed an alleged police investigation. Mayor Barnes
requested that he have the item placed on an agenda.
Mary Ellen Barrett, 526 Park Avenue, said the lot next to her is a jungle, had been to Code Enforcement and
been told unimproved properties do not have to be cleared. The City Manager said perhaps them is
something in the nuisance code and that he will look into it.
Sal Negiia, 461 Georgia Boulevard, SebaStian, said he does not believe that board applicants have to appear
before a committee when a current member is up for reappointment.
Fred Wininger, 106 Thunderbird Drive, SebaStian, said Fischer and Sons hauled fill out of Barber Street
Sports Complex several years ago, and aSked why Mosby didn't set the grades properly back then; aSked if
there were specs for the Police Station during its construction; asked what was John Hill's expertise on weed
control; said the new sound system stinks; asked when and by whom fire hydrants will be maintained; and
asked when he was going to get a response to his concerns as expressed at the last meeting.
Mayor Barnes responded to some of Mr. Wininger's concerns.
12. COMMITTI~E REPORTS/RECOMMENDATIONS
None.
None.
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Regular City Council Meeting
June 25, 1997
Page Eleven
14. I~3~3LIllJ.$J2!F.~.
97.167 A.
97.090 B.
Authorize Desi_ma of Proposed Observation Pier at Riverview Park and Transfer of $7.740 frorg~
Undistributed Non-Departmental Budget (Ci _ty Manaeer Transmittal 6/19/97. Permit Modification
fi.om DEP. 1/22/97 Minutes Excerpt. Indian River Lagoon SWIM Pro.am Letter. Votapka
Discussion took place on installation of a wave attenmator and protective rapping on pipes. The City
Manager said he would look into it.
MOTION by Sullivan/Cartwfight
I move to authorize the design of the proposed observation pier, utilizing 12" pilings instead
of 8" pilings and authorize the transfer of $7,740 from the undistributed line of Non-Departmental
budget for the City.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
Authorize City Manager to Execute Appropriate Change Order Not to Exceed .$132.800 with {~,R,
McClellan. Inc. for Culvert Installations as Outlined in John Hill's 6/18/97 Memo (City Manager
Transmittal 6/19/97. Hill Memos 6/I 8/97 and 2/27/97~
The City Manager said he would like to ask Public Works to review whether they could install the
pipes and at what cost and sought direction on Mrs. Edward's property.
John Hill, Craven Thompson, said he had spoken with the Edwards advising them that other property
owners were contributing. He said they contacted him today to say that they are not in a position to
pay their share and thought it was a safety issue for the City to address.
II
Regular City Council Meeting
June 25, 1997
Page Twelve
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Mrs. Cartwright suggested waiving the fee to the Edwards because it is a safety issue and the other
property owners knew it was a cost share issue and willingly participated.
MOTION by Taracka/Bames
I move to execute the appropriate change order not to exceed $132,800 with C.R.
McClellan, Inc. for the culvert installations as outlined in Mr. Hill's June 18, 1997 memo and
authorize the City Manager to compare in-house costs for piping with contractor costs and exempt
Mrs. Edwards.
TAPE II - SIDE I (8:37 p.m.)
ROLL CALL:
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cmwright
- aye
- aye
- aye
- aye
- aye
97.171'
Co
MOTION CARRIED 5-0
Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:52 p.m. All present.
Approve Clerk's Officeto Utilize Services of NCR. Inc. as Sole Source for Computer Services (Ci~
Manager Transmittal 6/19/97. City_ Clerk Memo 6/11/97~
The City Manager explained the reasons why the City Clerk would like to utilize NCR as a sole
source.
MOTION by Taracka/Paul
I move to approve NCR as a sole source for the purpose of providing continuing computer
services for the Clerk's office.
ROLLCALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka ~ aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
June 25, 1997
Page Thirteen
97.172/ D.
96.138
97.071 E.
Request Site Plan Extension for Sandridge Estates Apartments - StaffRecommends Six Months to
Expire January_ 6. 1998 (Director of Community Development Transmittal 6/18/97. Site PI~
Application. Site Map)
The Director of Community Development reiterated his recommendation for a six month extension.
John King, 103 Harbor Point Drive, Sebastian, said he was uncertain when he would start the project
and requested a one year extension.
The Director of Community Development said the comprehensive land use plan is coming up for
amendment and that modifications to the land use and.COR zoning are being considered. Discussion
took place on any consequences which would result from a one year extension.
MOTION by Cartwright/T, aracka
I'll move to approve a site plan extension for one year to Sandridge Estates Apartments
expiring 7/6/98.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Review Final Plans for Cavcom_ B'opertv Prepared by CRA En~eering - Determine Council
Satisfaction Prior to Submitting Plans to Planning and Zonine~Commission for Site Plan Approval
and Solicitation of Bids by Staff (Communi~ Development Transmittal 6/I 9/97. Site Plan Under
Separate Cover. CATF Minutes 1/6/97. Council Minutes Excerpt 2/12/9_7.)
The City Council requested input and direction from Council on the proposed design.
The Director of Community Development introduced Mike Scipelli, with CRA Engineering, and
reviewed the proposed plan (see attached).
Mike Scipelli, CRA Engineering, reviewed the plan and responded to questions from Council.
Mrs. Sullivan said this plan is not what the Citizens Advisory Task Force recommended. She said
the plan prohibits boat trailer parking and bitterly opposed it.
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Regular City Council Meeting
June 25, 1997
Page Fourteen
The Director of Community Development said 16 boat trailer parking spaces would be eliminated by
the landscaping. He said the code requires a hedge for parking areas and if Council wants the hedge
removed, it could go to Board of Adjustment for variance.
TAPE II - SIDE ii (9:40 p.m.)
A lengthy discussion took place on lighting, methods to increase parking and reduce landscaping, the
honeycomb design of drives, the location of drives, leaving the north side green, leaving the east side
open for the view, the fact that other ~an boaters paid for the property. The City Manager reminded
Council that it was a previous Council s direction that resulted in this design. He again sought
direction.
MOTION by Cartwright/Paul
I move to authorize staffto submit the plans to the Planning and Zoning Commission for site
plan approval and the solicitation of bids for construction.
ROLL CALL: Mr. Taracka - nay
Mas. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - nay
· Mr. Barnes - nay
MOTION FAILED 3-2 (Taraeka, Sullivan, Barnes - nay)
Mrs. Sullivan made a motion for a new plan that showed the size of the parking areas and how the
driveways will work with overflow parking when necessary but later withdrew it. Mrs. Cartwright
stated this is merely a conceptual plan and that Planning and Zoning will see the actual site plan.
Discussion continued.
TAPE III - SIDE I (10:25 p.m.)
Mrs. Sullivan with~ew the motion ~ this t~e.
MOTION by CanwfighffPaul
I move to extend the meeting a half hour.
ROLL CALL: Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs.
Cartwright - aye
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Regular City Council Meeting
June 25, 1997
Page Fifteen
97.173 F.
MOTION by Sullivan/Taracka
I would move that we receive a new drawing that will show us exactly by size by footage
exactly what the parking represents so that we can see what we're losing and what we're picking up,
with the north side let~ entirely green, the east side, I believe there's a huge oak tree there now on that
property, basically keep the growth low along the east side so as people come over that rise they can
see as much open view as exists now so that we don't lose our view of the river.
Discussion continued on how a comparison of existing to proposed parking can be made, and taking
a low floral approach to the east end landscaping. Mr. Scipelli said he can do a rough sketch revised
drawing for the July 9, 1997 meeting showing the most efficient parking in the overflow area and to
take a look at the most efficient area for the drives. He asked if he had authority to change the site
plan.
Mrs. Sullivan restated her motion "to show us what we're losing but the intention is to redraw it so
he can show us what the driveWays would represent in used up areas that can't be parked on and
what the existing parking potential is for that piece of land and to keep the north end green and to
keep the east of the property, as Mr. Frame suggested, a Iow floral landscaping so that the riverfront
view is not destroyed".
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
lVlrs. Cartwright - nay
Mr. Paul - nay
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
Adot~t Resolution No. R-97-38 - Capital Improvement Funds Transfer - 1997 Barbe~Street
Resurfacin~ to 1997 Schumann Drive Resurfacing (Public Work~ Transmittal 6/9/97LProm'am
Sheet. R-97,38)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING RESOLUTION R-96,83
PROVIDING FOR THE REALLOCATION OF CAPITAL FUNDS INCREASING THE AMOUNT OF FUNDING FOR SCHUMANN
DRIVE RESURFACING FOR FISCAL YEAR 1996-1997 AND DECREASING THE AMOUNT OF FI.INDINO FOR BARBER STREET
FOR FISCAL YEAR 1996-1997; PROVIDING FOR AN EFFECTIVE DATE.
The City Attomey read Resolution No. R-97-38 by title.
Mrs. Cartwright asked when the widening of Schumann will take place and suggested with increased
traffic by development south of the City, could staff look to Indian River County for additional
funding for striping. The City Manager said he would look into it but did not want to hold up this
paving. Mr. Paul suggested beginning paving in areas most used.
Tut Connelly, 149 Kildare Drive, Sebastian, addressed Council.
15
Regular City Council Meeting
June 25, 1997
Page Sixteen
MOTION by Cartwright/Sullivan
I move to approve the proposed Resolution transferring funds within the Capital
Improvement Program fxom Barber Street resurfacing (fiscal year 1997) to Schumman Drive
resurfaeing (fiscal year 1998)
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
The followin~ items were not addressed due tolack of time and will be carried to the Juht 9.
1997 re_c~ular meeting.'
97.174/
96.136
Determine Feasibility of One-Way Desi~ation on City Streets for Traffic Calming - If Council
Concurs with Poli~ - Adopt Resolution No. R-97-39 - One-Way Wave Street (Ci _ty Manager
Transmittal 6/19/97_ Proposed R-97-39. Location Map. Plan Under Separate Cover. Masteller &
Moler Reporfl
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE C1TY MANAGER
TO TAKE THE NECESSARY STEPS TO CONVERT WAVE STREET FROM A TWO WAY STREET TO A ONE WAY STREET;
PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
97.147
First Reading of Ordinance No. O-97-53 - Schedule Second Readin~ and Public Hearing for July
23. 1997 (Director Qf Community Development Transmittal 6/19/97. 0-97-53)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. ESTABLISHING SECTION 20A-5.47. OF
THE LAND DEVELOPMENT CODE REGARDING THE REGULATION OF MINI.STORAGE FACILITIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
97.097
First Reading of Ordinance No. 0-9%54 - Schedule Second Readin~and Public Hearing for July
23.1997 iDirector of Communi~ Development Transmittal 6/19/97. ,0-97-54)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COCPNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE REGARDING CONDITIONAL USES; PROVIDING THAT FOR CERTAIN SECTIONS THE COMMERCIAL OFFICE AND
RESIDENTIAL ZONING DISTRICT (COR) SHALL BE CONSIDERED RESIDENTIAL; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER. aBILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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Regular City Council Meeting
June 25, 1997
Page Seventeen
97.026 J.
97.175
15.
16.
First Reading of Ordinance No. O-97-17 - Schedule Second Reading and Public Hearine..for JulE
23. 1997 (Director of Communi _ty Develovment Transmittal 6/19/97.0.97-. 17)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-lO. 1 OF TIlE
CODE OF ORDINANCES BY CR.F_,AIlNG A SECTION ENTITLED "PURPOSE"; AMENDING SITE PLAN REVIEW PROCEDURES;
REQUlP, ING A PREAPPLiCATION CONFERENCE PRIOR TO FILING AN APPLICATION FOR SITE PLAN REVIEW; CREATING
NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDING FOR APPEALS FROM THE DECISION OF THE PLANNING AND
ZONING COMMISSION APPROVING A SITE PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE
PLANS MEETING CERTAIN CRITERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREVIOUSLY APPROVED SITE
PLANS; AMENDING SECTION 20A-10.2 OF THE CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SITE PLANS AND
ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTION 20A, 10.2L OF THE CODE OF ORDINANCES BY
ADDING "COMMUNITY DEVELOPMENT DIRECTOR"; AMENDING SECTION 20A*10.3.14 BY ADDING "PLANNING AND
ZONING COMMISSION"; AMENDING SECTION 20A-10.4 BY CLARIFYING APPEAL PROCEDURES; AMENDING SECTION
20A,10,5 BY LIMITING THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED TO A PREVIOUSLY APPROVED SITE
PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY
AND PROVIDING AN EFFECTIVE DATE.
K. Review Pending List
CITY COUNCIL MATTERS
Ao
B.
C.
D.
E.
Ma~vor Walter Barnes
Vice Ma_vor Richard Taracka
Mrs. Louise Cmwright
Mrs. Ruth Sullivan
Mayor Barnes adjourned the Regular Meeting at 11:00 p.m.
Approved at the
,1997, Regular City Council Meeting.
Walter W. Barnes
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
17
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
WORKSHOP
MINUTES
WEDNESDAY, JULY 9, 1997 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the workshop to order at 6:00 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
Ci_ty Council Pre~ent:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
Director of Community Development, Bob Massarelli
Deputy City Clerk, Sally Maio
Secretary, Linda Galley
City Council Workshop
July 9, 1997
Page Two
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97.001
WORKSHOP ITEMS
A. Proposed Lan~age Re: Board/Committee ADpQintment Procedure.~
It was the consensus of City Council to allow public input.
The City Attorney reviewed the proposed language (see attached) and sought direction fi.om Council
to draft an ordinance. She advised them that sections of the Land Development Code and Code of
Ordinances dealing with various boards of the City will need to be amended accordingly.
City Council discussion followed. Mrs. Cartwright suggested more general advertisements so that
alternates could be moved up and make new appointments at the Same meeting without readvertising,
and suggested special consideration for members who are up for renewal. Mayor Banes said he'd
rather readvertise but they could be given special consideration.
Mrs. Cartwright recommended a letter of warning in the event that removal is being considered. The
City Attorney said there would have to be language to give the City Council discretion to do so.
Mrs. Sullivan recommended deleting "the board or committee shall interview applicants at a
public ..... ", since the Council is the appointing body.
Mrs. Sullivan requested that all members of all boards be residents, requesting that "unless ordained
provided by this Code or by law" be deleted.
Mr. Taraeka recommended that "Prior to consideration of applicants by the City Council, the board
or committee requiting the appointment shall interview applicants at a public meeting and shall make
recommendations to the City Council concerning the filling of each vacancy" be deleted and agreed
with residents only.
Mr. Paul suggested that one person who is not a resident be permitted on a board to keep the City's
options open and not be limited. He said he would like to see CATF reworked and treated as a
board.
A consensus poll resulted in a 3-2 vote on all members being residents (Cartwright, Paul - nay)
Bob Freeland, 733 Wentworth Street, Sebastian, disagreed with board members recommending their
peers and said Council may have to go outside the City to fill some positions.
Keith Miller, 961 Riviera Avenue, Sebastian, said Council may have to go outside the City to fill
some of the Construction Board positions.
Tut Connelly, 149 Kildare Drive, Sebastian, suggested boards attend an interview seminar.
Ed Moore, 11450 Indian River Drive, Sebastian, said he has invested his life savings in a local
business and asked not to be excluded from participation.
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City Council Workshop
July 9, 1997
Page Three
Chuck Neuberger, 257 Melrose, Sebastian, said he found cronyism in a recent interview.
Mayor Barnes adjourned the workshop at 6:43 p.m.
Approved at the
Meeting.
,1997, Regular City Council
Walter W. Barnes
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCiL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 9, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
Ci_ty Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
StaffPreserl[:
City Manager, Thomas Frame
City Attorney, Valerie Settles
Director of Community Development, Bob Massarelli
City Engineer, Martha Campbell
Public Works Director, Pat Brennan
Deputy City Clerk, Sally Maio
Secretary, Linda Galley
Mavor Barnes commended the Lions Club and City staff for a successful Fourth of July celebration.
Regular City Council Meeting
July 9, 1997
Page Two
97.152
97.174/
96.136
.&
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETION~,5~
ltems not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
It was the consensus of City Council to defer item 97.179 Primeco Agreement to the July 23, 1997 Regular
Meeting.
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIQNS
A. Presentation of Plaque to Kay Rogers - Indian River CounW Recreation Committee A!ter~a~
MayOr Barnes presented the plaque to Kay Rogers.
ITEMS DEFERRED FROM JUNE 25LI99'LREGULAR MEETING DUE TO LACK OF TIME
Go
Determine Feasibili _ty of One-Way Designation on CiW Streets for Traffic Calming ~ If Council
Concurs with Poli~ - Adopt Resolution No. R-97-39 - One-V~av Wave Street (Ci _ty Manager
Transmittal 6/19/97. Prooosed R-97-39. Location Mao. Plan Under Separate Cover. Mastcller &
A RESOLIJTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AU'I~ORIZINO THE CITY MANAOER
TO TAKE THE NECESSARY STEPS TO CONVERT WAVE STREET FROM A TWO WAY STREET TO A ONE WAY STREET;
PROVIDINO FOR RESOLLYrION OF CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-97-39 by title.
The City Manager gave a brief history of this item, stated that this was ultimately a policy decision of
Council and said the City Engineer was prepared to discuss alternatives.
The City Engineer reported that she had looked at volume and safety issues, had conducted a traffic
count which resulted in a traffic count of approximately 2000 vehicles per day which is considered
light. She also noted there had been 2 traffic accidents since 1994. She said neither the volume or
safety record warranted one-waying Wave Street. She said however, there is no engineering reason
why it couldn't go one way, therefore, so she could not recommend either way.
The City Manager said the issue has been speed into the curves on George Street making it difficult
to back out of crxiveways, noting there had been a discussion of stop signs at George and Dyke but
that it had been found that Florida Statutes prohibits the use of stop signs to slow speeding. He said
the City Engineer had informed him FDOT has a manual of traffic calming methods which she could
review. He then gave a brief history on how Wave Street became a through street.
A lengthy discussion followed relative to alternative methods to slow speeders on George Street such
as stops signs, reducing the speed limit, conducting a speed study, and requirements of Florida
Statutes Chapter 316.
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Regular City Council Meeting
July 9, 1997
Page Three
Beginning at 7:28 p.m. the following members of the public spoke on the matter of one-waying
Wave Street:
Betsy Field, 149 Kildare Drive, - opposed
Al Schofield, 734 Rose Avenue - information
Bob Ashcrofc, 785 George Street ~ in favor - submitted petition
Frank Oberbeck, 601 Layport Drive - opposed
Warren Dill, 11675 Roseland Road - opposed
Ellie Roberts, 781 George Street - in favor - submitted documents
TAPE II - SIDE I (7:51 p.m.)
Louise Cuttenberg, 973 Oswego - opposed
Maria Alterton, George Street - in favor
Howard Goldstein, 425 Seagrass Avenue - opposed
Chuck Neuberger, 357 Mekose Avenue - opposed
Sal Neglia, 461 Georgia Boulevard - information
Martha Wininger, 106 Thunderbird- opposed
Tut Connelly, 149 Kildare Drive - opposed
Public input ended at 8:33 p.m. and City Council and staff discussion continued.
Mayor Barnes suggested that since it is a policy decision of City Council, that new information has
been received tonight and to allow the City Engineer additional time for review of alternatives, this
item should be deferred.
MOTION by Cartwright/Sullivan
I move to postpone the action on R-97-39 until the fa:st meeting in October 1997 for the
purpose of garnering more information from the staff and public.
Mr. Paul said the berm idea Mr. Goldstein had suggested for Wave Street residents had merit.
TAPE II - SIDE II (8:36 p.m.)
ROLL CALL:
Mr. Taracka
Mrs. Canwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
~ aye
- aye
- aye
MOTION CARRIED 5-0
Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:55 p.m. All members were present.
Regular City Council Meeting
July 9. 1997
Page Four
TAPE m - SIDE I (8:56 p.m. problem with TAPE Ii - SIDE II)
97.147 H. First Readin~ of Ordinance No. 0-97-53 - Schedule Second Re,dine,nd Public Hearin~ for Au~st
13. 1997 (D~rector of C0mmuni~ Development Transmittal 6/19/97fO-97-53) - -
AN ORDINANCE OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 20A.5.47. OF
THE I..AND DEVELOPMENT CODE REOARDING THE REGULATION OF MINI-STORAGE FACILITIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. '
The Deputy City Clerk read Ordinance No. 0-97-53 by title.
Mrs. Cartwright suggested addition of language from paragraph m. on page 177 to the list of general
regulations of mini-storage facilities paragraph B, 11. There were no objections.
It was the consensus of Council to extend hours of operation to I0 p.m and to delete all language
relative to outside storage at this time until it can be addressed separately.
Keith Miller, 961 Riviera Avenue, Sebastian, addressed Council.
MOTION by Cattwright/Taracka
I move to accept the first reading of Ordinance 97-53 as amended, set the public hearing and
second reading for August 13, 1997.
ROLL CALL: Mrs. Cartwright - aye
Mr. Paul - nay '
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Tarock, - aye
MOTION CARRIED 4-1 (Paul - nay)
97.097 I. First Re,dine of Ordlnance No. 0,97-54, Schedule Second Re,dine and Public Hearin~ for Autmst
13.1997 (D~rector of Community Devel0Pment Transmittal 6/i9/97fO,-9,7-54) -- -
AN ORDINANCE OF THE CITY or SEBP~',-"I~La~q, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE ~aA~DINO CONDmONAL US[S: P,OmDINO THAT FO, CEaTAIN SECTIONS THe COMMERCIAL OFFICE AND
RESIDENTIAL ZONING DISTRICT (CO.) SHALL BE CONSIDERED RESIDENTIAL; PROVIDING FOR CODIFICATiON;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Thc City Attorney read Ordinance No. 0-9%54 by title.
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Regular City Council Meeting
July 9, 1997
Page Five
97.026
MOTION by Taracka/Sullivan
I move to approve the first reading of Ordinance O-97-54 and set a public heating and
second reading for August 13, 1997.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Banes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
First Reading of Ordinance No. O,97,17, Schedule Second Readine and Public Hearing forAu~st
13L1997 (Director of Communi[y Development Transmittal 6/19/97. 0-97-1,7)
AN ORDINANCE OF THE CITY OF SEBAffln,3u'q, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-10.1 OF THE
CODE OF ORDINANCES BY CREATING A SECTION EN III LED "PURPOSE"; AMENDiNG SITE PLAN REVIEW PROCEDURF~;
REQUI~NG A PREAPPLICATION CONFERENCE PRIOR TO FILING AN APPLICATION FOR SITE PLAN REVIEW; CREATING
NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDiNG FOR APPEALS FROM THE DECISION OF THE PLANNING AND
ZONING COMMISSION APPROVING A SITE PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE
PLANS MELvriNG CERTAIN CRITERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREVIOUSLY APPROVED SITE
PLANS; AME2qDINO S~ON 20A-10.2 OF THE CODE OF ORDINANCES BY ADDiNG MODIFICATIONS TO SITE PLANS AND
ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTiON 20A. 10.2L OF THE CODE OF ORDINANCES BY
ADDING ~COMMUN1TY DEVELOPMENT DIRECTOR"; AMENDING SECTION 20A-10.3.14 BY ADDING "PLANNING AND
ZONING COMMISSION"; AMENDiNG SECTION 20A-10.4 BY CLARIFYING APPEAL PROCEDURES; AMENDiNG SECTION
20A-10.$ BY LIMITING THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED TO A PRE~IOUSLY APPROVED SITE
PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY
AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-97-17 by title.
Mrs. Sullivan suggested the following changes:
· Page 194 - add "or additional operations" after "any change of use" in previous paragraph
42
· Suggested references to "reconunendations" be changed to "report", however, the City
Attorney advised Council needs staff recommendation
· Expressed concern that appeal is based only on the record, however, the City Attorney
advised her to leave as is
· Page 197 - H. 1.b. should be "site" rather than "subject" - no concurrence by Council
· Page 199 - end of section 3 add "or affected parties" and delete "not" in 4.b.
· Page 201 - change "comment" to "concurrence" here and anywhere there is a reference to
city staff comment - the Director of Community Development suggested deleting "a
summary of" in the middle of paragraph b.
· Page 203 add "elevation" after "floor plan" in paragraph I.b. 1.
· Page 204 - add "affected parties" at the end of paragraph 2 and add reference to "Land
Development Code, Code of Ordinance and Comprehensive Plan" to 20A-10.2.
TAPE III -SIDE II (9:42 p.m.)
I
Regular City Council Meeting ........
July 9, 1997
Page Six I
The Director of Community Development added six to page 207 after previous in the middle of i
20A-10.5.
Mayor Barnes was advised that affected parties will be defined in the LDC. I
Mrs. Cartwright objected to only one minor modification being allowed. A poll of Council resulted
in a 3-2 (Cartwright, Paul - nay) decision to allow only one minor modification. I
· '., MOTION by Bames/Taracka
I'll make a motion to approve the first reading of Ordinance O-97-17, schedule second I
reading and public hearing for August 13, 1997, second reading and public heating as. amended.
ROLL CALL: Mrs. Sullivan - aye I
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
MOTION CARRIED 3-2 (Cartwright, Paul - nay) I
97.175 K. Review Pendine List '
MOTION bY Cartwright/Paul I
I move to defer review of the pending list until our meeting of July 23, 1997.
ROLL CALL: Mr. Barnes - aye I
~ Mr. Taracka - aye
Mrs, Cartwright - aye
· Mr. Paul - aye I
Mrs. Sullivan - aye
MOTION CARRIED 5-0 I
CITY COUNCIL MATTERS
A. Mavor Walter Bartles I
Mayor Barnes requested a name from each Council member by the end of the week for a participant I
in the meeting with Indian River County Recreation next week. Mrs. Sullivan volunteered Kay
Rogers.
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Regular City Council Meeting
July 9, 1997
Page Seven
97.054
10.
B. ~rice Mayor Richard Taracka
None.
C. Mrs. Louise Cartwright
Mrs. Camvright asked the City Manager to look at the problem of fire hydrants unraveling all over
city roads and congratulated city S?ff for its first prize float in the parade.
None.
E. Mrs. Ruth Sullivml
None.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERg
The City Manager commended staff for its float and the Lions Club for the 4th of July celebration stating he
would work with them on areas that need improvement; reported that police facility I-IVAC bids came in and
were high; discussed the proposed canoe launch area grant; and that he had obtained a copy of Indian River
County's telecommunications ordinance and would be workshopping telecommunications on July 16, 1997.
CONSENT AGENDA
All items on the cons,,nt agenda are considered to be routine and will be enacted by one motion. There will be no separate
discussion of consent agenda iteins unlexs a member of City Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 6/18/97 Workshop, 6/24/97 Workshop
Adopt Resolution No. R-97-37 - Falcon Cable Franchise Extension to September 12, 1997 (Ci .ty
Manager Transmittal 7/2/97; Proposed Resolution R-97-37)
A RESOLIYrION OF THE CITY COUNCIL OF TIq~ CITY OF SEBASTIAN, FLOR.iDA, GRAN23NG AN EXTENSION
OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS
UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY
COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANC~SE REVE-NUE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council Meeting
July 9, 1997
Page Eight
97.121 C.
Approve the Additional Appropriation of $4,340.44 from the Non-departmental Undistributed Funds
of the City Budget, Specifically for the Purchase of Two (2) Hand Held 800mhz Radios. (City Manager
Transmittal 7/1/97; Requisition)
97.178 D.
Authorize the City Manager to Execute the Letter of Agreement Between the City of Sebastian and
Adams and Associates Developers, Inc., Setting Forth the Appropriate Street Maintenance Provisions
as Identified (City Manager Transmittal 7/1/97; Proposed Letter of Agreement; Transcript of a Portion
of the Special City Council Meeting Held April 16, 1997)
97.181 E.
Recommend Approval of the License Agreement Authorizing the Pelican Island Garden Club a non
Exclusive Irrevocable License for the Planning and Maintenance of Certain Landsmping upon and Across
The Subject Property Abutting Dominican Lake (City Manager Transmittal 7/2/97; Letter from Margaret
Miquelon, President Pelican Island Garden Club; Letter from City Manager to Garden Club; Proposed
License Agreement; Map of Subject Property)
The City Manager read the consent agenda and the City Attorney read Resolution No. R-97-37 by title.
Mr. Paul removed item C and Mayor Barnes removed item E. The City Manager asked that item D
be removed.
MOTION by Cartwright/Taracka
I move to approve items A and B of the consent agenda.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
97.121 C.
Approve the Additional AppmpriationofY~4_340L44 from the Non-departmental Undistributed Funds
of the Cit~ Budget_ S~ecifically for the Purchase of Two (2~ Hand Held 800mhz Radi~
The City Manager explained the purpose of the radios for emergency/disaSter purposes.
MOTION by Paul/Taracka
I move that we approve item C of the consent agenda.
ROLL CALL: Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
MOTION CARRIED 5-0
* aye
- aye
- aye
- aye
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Regular City Council Meeting
July 9, 1997
Page Nine
97.178 D.
97.181 E.
Authorize the City Manager to Execute the Letter of Am'eement Betw~.een the CiW of Sebastian an4.
Adams and A~ociates Developers. Ine_ Settinv.~orth the Appropriate Street Maintenance
Provisions as Identified
The City Manager distributed a revised letter agreement dated July 1, 1997 and explained the change,
however, subsequent to hearing fi.om Attorney Warren Dill, he recommended approval of the
originally submitted June 2, 1997 drafk
MOTION by C~x,aight/Taracka
I move to approve item D of the consent agenda.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Ma'. Paul - aye
MOTION CARRIED 5-0
Recommend Approval of the License Am'eement Authorizing the Pelican island Garden Club a Non
Exclusive Irrevocable License for the Planning and Maintenance of Certain Landscaping Upon and
Across the Subject Property Abutting Dominican Lake
The City Manager recognized members of the Pelican Island Garden Club and commended them for
their efforts. Mrs. Miquelon briefly explained the club's plans for the park.
MOTION by Cartwright/Paul
I move to approve item E of the consent agenda.
ROLL CALL:
Ma'. Barnes - aye
Mr. Taracka * aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Regular City Council Meeting
July 9, 1997
Page Ten
MOTION by Cartwright/Taracka
I move to extend the meeting to 11:00 p.m.
ROLL CALL:
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Canwright
Mr. Paul
- aye
- aye
- aye
- aye
~ aye
MOTION CARRIED 5-0
11.
PUBLIC HI~ARING
Procedures for pub lic hearings: (R-97-21}
o Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
StaffPresentation
· Public Input - Limit oflO Minutes Per Speaker
° StaffSummation
° Mayor Closes Hearing
° Council Action
Anyone }Yishing to Speak is ,asked to Sign Up Prior to the Meeting, ~7:en Called go to the Podium and
State His/Her Name for the Record
97.146
Ao
Second Reading. Public Hearin~ and Final Adoption of Ordinance No. O-9%51 .(Director of
Community Development Transmittal 7/1/97, 0-97-51)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN ~R COUNTY, FLORIDA, AMEqqDING~ SECTION
20A-6.1.C,25. OF THE LAND DEVELOPMENT CODE REGARDING REQUIRED SCREENINO FOR DRIVE-IN
RESTAURANTS; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTiX/E DATE. Oat Reading 6/11/97, Public Hearing and Adoption 7/9/97)
The City Attorney read Ordinance No. O-97-51 by title and Mayor Barnes operied the public hearing
at 10:28 p.m. and being no input, closed it.
MOTION by Taracka/Paul
I move to approve Ordinance O-97-51.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
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Regular City Council Meeting
July 9, 1997
Page Eleven
97.096 B.
Final Reading. Second Public Heating and Final Adontion of Ordinance NO, O-97-52
Communi~ Development Transmittal 7/1/97. O-97:52)
(Director of
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS
20A-3.7 AND 20A-4.8 OF THE LAND DEVELOPMENT CODE REGARDING THE DELETION OF RESIDENTIAL
MANUFACTURED HOMES IN THE PUD-MH DISTRICT, THE MODIFICATION OF TI-IE DEFINITION OF
RESIDENTIAL MANUFACTURED BUILDING IN THE RMH DISTRICT, PROVIDINO FOR A DEFINITION OF
RESIDENTIAL MANUFACTURED BUILDING IN PUD-MH. AND PROVIDING FOR THE USE OF A
RESIDENTIAL MAlqUFAC~D BUILDING AS A PERIvffT~D USE IN THE PUD-MH DISTRICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Ist Reading 5/28/97, 1st Public Hearing Set for 6/25/97, 2nd Public
Heating and Adoption 7/9/97)
The City Attorney read Ordinance No. O-97-52 by title and Mayor Barnes opened the public heating
at 10:30 p.m. and being, no input, closed it.
TAPE IV - SIDE I (10:31 p.m.)
MOTION by Taracka/Paul
I move to approve Ordinance 0-97-52.
ROLL CALL:
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Ma'. Taraeka
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
12.
LNTRODUC~IQN OF NEW BUSINESS, FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Keith Miller, 961 Riviera Avenue, Sebastian, expressed concem for religious and confederate participants ia
the parade.
John Ellis, 602 Rolling Hill Drive, Sebastian, Lions Club, thanked all those involved for a successful 4th of
July celebration.
Bill German, 1338 Cownie Lane, Sebastian, requested that item 14 A be delayed due to the late hour and
absence of the public.
13. COMMITTEE REPORTS/RECOMMENDATIONS
None.
11
Regular City Council Meeting
July 9, 1997
Page Twelve
97.071 A.
Review the Final Plans for Parking Area on the Cavcom Property Prepared by CRA Engineering and
Determine the Council's Satisfaction Prior to Staff Submittin~ the Plans to the Planning and Zoning
Commission for Site Plan Approval and the Solicitation of Bids for Construction (Communi _ty
Development Director Transmittal 7/I/97: Site Plans Attached)
The Director of Community Development gave a brief overhead display presentation. Mrs. Sullivan
objected to any elimination of parking spaces and forcing boaters to park at the west end, stating we
need parking not a park.
Mayor Banes cited a brief history of the site, stating that boaters took over the site due to lack of
action by the city afar it was purchased, but now the public has participated in the design of the site
and have reached a compromise of parking and park area. Mr. Taracka said he was happy with the
plan in front of him now, but suggested holding up on the chain on the north side for now and
eliminating the honeycomb.
Louise Cuttenberg, 973 Oswego Avenue, Sebastian, objected to boaters parking so far from the
ramp.
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, noted the City has landscape requirements it
must comply with.
Greg Golien, 711 Wimbrow Drive, Sebastian, recommended leaving the site as is.
Sally Gore, Belfast Terrace, Sebastian, began to speak but time ran out.
Mayor Banes adjourned the Regular Meeting at 11:00 p.m.
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The following items were not addressed and will be deferred to the July 23, 1997 meeting along with the
97.176/ A..
96.110
Adopt Resolution R-97-40 - SupplementalA~eement No. 2 wilh CRA En~neering_
Inc.. to Provide~Consultine Services - Community Block Grant .(Community Development Director
Transmittal 7/1/97. R-97-40. Supplemental A?eement No.2. Scope of Work~
A P, FfOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AUTHOR/ZING THE CITY
MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, SUPPLEMENTAL
AGREEMENT NO. 2 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS ]lq CONFLICT HEREWYYH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
97.182 B.
First Reading of Ordinance O~97-55- Schedule Second Reading and Public Hearing for July 23.
1997 (Ci[y Manager transmittal 7/2/97: O-~0_7,55)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA,
CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED'I)ESIGNATION OF 'NO PARKING' AREAS"PROVIDING THAT THE CITY COUNCIL
MAY ESTABLISH'~NO PARKING" OR '~,ESTRICTED PARKING" ZONES WITHIN THE CITY OF SEBASTIAN BY
RESOLUTION; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE;
PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERAB][LITY; PROVIDING FOR AN E33~CTIVE DATE.
97.177 C..
Approve the Airport Manager Position Job Description with the Modification Regarding Unicom
Communications (City Manager Transmittal 7/1/97. Aimort Manager Job Description)
97.180 D.
Consider the Request for a Waiver of the Perimeter Setback for a.Proposed Gasoline Canopy.
(Communi~...Development Transmittal 7/1/97: Letter from R. Mosby to B. Massarelli Dated
6/25/97'~Site PIan~
Approved atthe
,1997, Regular City Council Meeting.
Walter W. Barnes
Mayor
Katlwyn M. O'Halloran, CMC/AAE
City Clerk
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589*5330 n FAX (561) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-97-41
Vacation .of Easement - jUrsik
Lots 12 & 13, Block, Unit 2
APPROVED FOR SUBMITTAL BY:
AGENDA NO.
Dept. Origin:
Date Submitted:
For Agenda Of.'
City Manager:.~ a) ~ Exhibits:
]
]
]
]
]
7/23/97
R-97-41
Application
Site Map
Survey
Staff.Report
No Objection Letters
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRiATION
REQUIRED:
SUMMARY STATEMENT
We have received a request for an abandonment of the west 5 feet of Lot 12 and the East 5 feet of
Lot 13, Block 117, Sebastian Highlands Unit 2, less the south 10 feet thereof. All utilities have
been notified and have no objections.
RECOMMENDED ACTION
Adopt Resolution No. R-97-41.
RESOLUTION NO. R-97-4t
A RESOLUTION OF THE C-TrY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATiNG, ABOLISHING, ABANDONING AND
DISCONTINUING THE WEST FiVE (5) FEET OF LOT 12 AND TtIE EAST
FIVE (5) FEET OF LOT 13, BLOCK 117, SEBASTIAN HIGHLANDS UNIT
2, LESS THE SOUTH 10 FEET THEREOF, ACCORDING TO Ti:IE~ PLAT
TttEREOF, RECORDED IN PBI 5-35, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. VACATION OF EASEMENT. The City &Sebastian, Indian River County,
Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The West 5 feet of Lot 12 and the East 5 feet of Lot 13, Block 117, Sebastian
Highlands Unit 2, less the South 10 feet thereof, according to the plat thereof,
recorded in PBI 5-35, of the Public Records of Indian River County, Florida.
~ REPEAL. All 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.
~ EFFECTIVE DATE. This resolution shall be in full force and effect
immediately upon its passage.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put to a vote, the
vote was as follows:
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Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise Cam,a'ight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this day of ,1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SE~)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River
County, Florida, to take acknowledgments, personally appeared Walter W. Barnes and Ka~;hryn M,
~ known to me to be Mayor and City Clerk respectively, and neither of them took an oath.
*****
WITNESS my hand and seal in Indian River County, Florida, the day of
1997.
Approved as to Form and Content:
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORIDA AT LARGE
My Commission Expires:
Valerie F. Settles, City Attorney
4-07-1997 3= 8GPKt ;. FROM SEBASTIAN_COMM- DEV.' ~61~892~66
CITY OF SESASTIAN
A~PLIC~T~0N FOR VACATION OF
(This recuest shall nO be accepted unle~ comn~eted in full)
*Individual, ¢or_pora~ion, eto. - If ~grpora%ion 8D~I',- ¢or;ora~ ~
LEGAL ~-SCRIFTION OF REAL PR0P~RTY ON wHICH EASEMENT
(~Cc.~¢h d~scri~tio~ on ~t't~chm~n'~ if nec~s~)
D~$CRIFT!VE ~0CATION 0F ~A~EM~T TO BZ ABANDONED:
AP ~R07, IMAT£
PURPOS~ FOR REQUEST TO VACATE~ -'
....
(~xplmin ~n d~n~l your need ~o r~lease'this ~asemen~)
HEREBY C~RT~FY ~h~t X, the Applicant, own ~h~ real property On
P!~a~e Print Nam~ ll~rg
A~tach h~re%0 th~ following:
) !. Map, p!at~ ~u~vGy, or clear drawing a~ least 8 i/2" x
to b~ vacatgd. $;{OW T~IE ~A~EMENT CLEARLY ON DRAWINg.
) 2. Compl~tm l~g~ d~er~ptlon of the ~rc~l of land on ~hioh
) 4. IF IT !S NECESSARY TO GRANT 9ACK ANOTHER ~ASENSNT TO
(N/A) R~PLACE THE EASEMENT THAT IS TO ~ VACATED, A'FTACH A DEED
OF EASE~E~-;T T0 ACCCMPLISH THE DEDICATION OF THE NEW
$ebsstlan" up~n-~ubt,ittaz Of tbJ.~ ~ppllcati~n =:
,--
OU~N
m-< ~mCC-- ~; I"~ v, ~D ~> f~l C(~ ~Om
zo~ -- ~
~z~mo-- OD mo.
Datum m ' ~z
~z~ ~ · '0
0
.
~ ' ~ WEST 12' LOT
NOT INCLUDED
mo mira r-o- l~
.
~ I10 / ~ ~ · /~
m · illx -. /
I qll ~ I
I ~i It ~ ~ ....
I ax a I1 ~ ! t ! ~ / 1
I Sll ~ ~ I~ i '( ~:~
· I m m .o , mo _1
I IIo~ ~ I ~ I ~ R~ -I
I I'
FO om ~ ~ ~m --o
O~ ~ ~ -- ' mo
/ J4,~ ~0 ,.~.~-.~
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·
I ABANDONMENT OF EASEMENT
Staff Report
1. Project Name: Property of William and Susan Jursik
Requested Action: Abandonment of the public utility and drainage easements located on the
west five feet of Lot 12 and the east five feet of Lot 13, Block 117, Sebastian Highlands, Unit
2, less the south ten feet thereof.
Project Location:
a. Address: 737 Dempsey Avenue
b. Legal:
Lot 12 and the east 68 feet of Lot 13, Block 117, Sebastian Highlands,
Unit 2
Project Owner:
a. Name:
b. Address:
W'dliam and Susan Jursik.
737 Dempsey Avenue
Project Agent:
a. Name:
b. Address:
Project Description:
N/A
a. Narrative of proposed action: Application has been made for the abandonment of
the public utility and drainage easements located on the west five feet of'Lot 12 and the east
five feet of Lot 13, Block 117, Sebastian Highlands, Unit 2, less the south ten feet thereof. The
applicant wish to construct a driveway extension with future plans that include a fence and
carport in this easement area.
b. Zoning:
c. Land Use:
RS-10 (Sin~e Family Residemial)
LD (Low Density Residential)
7. Utilities Comments:
a. Florida Power & Light: Approve
b. Southern Bell: Approve
c. Falcon Cable: Approve
d. Indian River County Utilities: Approve
e. Public Works: Approve
Community Development Director Comments: All utilities recommend approval of this
easement. The easement is in the middle of two former lots which have been joined by a unity f
title. The easement is not needed. The Community Developmem Departmem recommend
approval.
Staff Recommendation: Approve resolution R-97.41, approving of the request to
abandonment of the public utility and drainage easemems located on the west five feet of Lot
12 and the east five feet of Lot 13, Block 117, Sebastian Highlands, Unit 2, less the south ten
feet thereof.
d by
Date
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
REQUESTFOR ABANDONMENT OF EASEMENT
June 3, 1997
Description of Easement to be abandoned: THE WEST $' FEET OF LOT 12 AND THE
EAST $' OF LOT 13, BLOCK 117, SEBASTIAN HIGHLANDS UNIT 2, LESS THE SOUTH
10' THEREOF.
UTILITY: . MARTHA CAMPBELL. CITY OF SEBA,~YTIAN
APPROVED: ~ DENIED;
APPROVED/DENIED BY:
(SIGNATURE)
FAX N.. O.: N/A
DATE;
\
COMMENTS;
Return to: Linda Galley, City of Sebastian, City Clerk's Office, Fax No.
(561)S89-5570.
-1T, 97(FRI! 12:47 FPL ST, LUCIE DISTRIBUTION TEL:S61 489 6266 P,-001 I
J[IN.~'LJM ~3 97 O7:3~RM CITY OF SEBASTIRM
I
C~tV of Sebastian
1g~5 MAiN STREET o SEBASTIAN, FLORIDA 32gS8 '
TELEPHONE (S61) 5ag-53~0 ~ FAX (561)
~OUES~ FOR~DO~EN~ OF E~EM~NT
~ne 3, 1~97 ,
I
Return to: Llnda Galley~ City of Sebastian, City Clerk's Office, Fax No,
(S61)SSg. SS?O.
I .0
, 3UN 93 '~? ftT:4~qM CTTY OF' Sv~{qSTI{q{9 P.
6'. 03. 97 09 : 14 AM P0 1
"
j . Ctt~ o/
12~5 MAIN STREET : SEBASTIAN, FLORIDA
TELEPHONe (581) &ag-~330 a PAX (Eel) teg-S570
J~e $, 1991 ' '
~T ~' OF LOT i,, BLOCK II ?, SEB~T~ ~~DS ~NIT ,,
(~A~) ~)
CO~~TS:
Return to: Llnda Galley, City of Sebastian, City Clerk's Office, Fax No.
Return to: Linda Galley, City
~f $cbastL~n, City Clerk's Office, Fa~
I ,06/05/D? 10:30 EXECUTIUE SUPPORT NET~dORK -~ 58955?0 NO. 445 P001
12~ MAIN STRE~ ~ SEBASTIAN, FLORIDA 3~ '
TELEPHONE (S6~) 589-5330 ~ ~AX {561) ~5~0 :,
~OU~OR A~NDO~M~ OF
~cnu~on of E~e~nt to be ~bandoned: THE
~ ~ OF LOZ 13, BLO~
~ O' ~~0~ .
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COMMENTS: _
Return to: Llnda Galley, City of Sebastian, City Clerk's Office, Fax No.
(561)559-SS70.
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City of Sebastian, Florida
Subject: Award of Hurricane Shutters Bid/
Contract.
Approved for Submittal by: City Manager
Exhibits: Bid Tabulation
Agenda No. q/
Department Origin: City Manager/Asst. to City
Mgr./Purchasing
~'aUl
Date Submitted: July 14, 1997
For A~enda 9~fi July 23, 1997
EXPENDITLm.E
REQUIRED: $5,156.00
AMOUNT BUDGETED:
$11,500.00
IAPPROPRIATION
REQUIRED: -0-
SUMMARY
Competitive sealed bids from licensed Contractors to furnish, and install, Aluminum Hurricane
Shutters at the Community Development, and Council Chambers/Engineering Building, were received
by the City, July 8, 1997. Out of five (5) respondents, Central Window of Vero Beach. Inc., was the
low bidder, $5,156.00. It is the recommendation of this office, and the Bid Committee, that the
above named contractor be awarded the Contract to furnish and install Hurricane Shutters.
RECOi~LMENDATION
I move to award Central Window of Vero Beach, Inc., the Contract to furnish and install Hurricane
Shutters as stated.
CENTRAL CLEARSIqlELD FLORIDA ROLL-A-WAY SOUTHERN
WINDOW OF I.l:t COUNTY SHUTTERS, INC. AL~
INC. l~O., INC.
LICENSES YES
CRIME FOkM YES
DRUG FREE 'FES
COMMERCIAL
GEN LIABILITY
LIABILITY YES
INSURANCE
AUTO YES
INSURANCE
WORKERS YES
COMP.
ATTENDED YES ....
PRE-BID
BID AMOUNT $5,1 f6.00 $7,481.00 $$._°49.00 $8,061 00 $77997.00
LOW BIDDER
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BID TABIYLATIO~
HURRICANE SHUTTERS
BID OPENING 7-8-97
BID REVIEW COMMITTEE:
. trick Br,'Public Works
Mr. Paul wa g~¢r. ~tfasmg
CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
NOTE: The Bid Review Committee
recommends Central Windoxv
be awarded the contract.
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Subject: Agreement between St. Johns
River Water Management District and
City of Sebastian
City of Sebastian, Florida
Approved for Submittal by: City Manager
EXPENDITURE REQUIRED:
Reimbursement
Agenda No.
Department Origin: City Manager
Date Submitted: July 17, 1997
For Agenda of July 23, 1997
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: None
EXHIBITS:
1.' Letter from St. Johns River Water Management dated July 3, 1997
2. Agreement for Educational Interpretive Display Panel for Riverview Park Observation Pier
SUMMARY STATEMENT
The Agreement prepared by the Water Management District is a full funded grant not to exceed $7,997 to be
paid to the City on a 100% reimbursable basis for the development and installation of educational interpretive
display panels. The panels are to be place on the observation pier to be constructed by the City as part of the
shoreline stabilization project at Riverview Park.
RECOMMENDED ACTION
Approve the agreement between the St. Johns River Water Management District and the City of Sebastian.
WA?BR
MANAGEMENT
DISTRICT
July 3, 1997
J~hn R. Wehle, Assistant Executive
POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429
TELEPHONE g04-329-4~ SUNCOM ~
TOO g04,329-4450 '100 $UNCOM 860-4450
FAX (Execul~ve) ~2g-4125 (Legal) 329-4485(Petmitbns) 329-4315(Administration/Finance)
,~[t~,,IC E CENTERS
618 E. ~ ~a'~ 7775 ~ Way PERMIrrlNG: OPERATIONS:
C~"Ie~, Florida 32801 S~te lO~ 305 East 0dye
~17.~97.-43~ Jactolem, ile, F'~da 32256 Metxxtt~, P"l~da 32904
TDD 407-897-5960 904-7~0-6270 407-9~1.4940 407-752-~100
TOO 904.448-7900 TDD 407-722~53~8 TOO 407*732-3102
Mr. Thomas Frame, City Manager
City of Sebastian
1225 South Main Street
Sebastian, FL 32958
Enclosed are two original Agreements to Provide Educational Interpretive Display Panels
on the Riverview Park Observation Pier, Contract No. 97W348. Please obtain
appropriate signatures and return both to my attention ten days after receipt for full
execution by the District.
Also enclosed you will find a Request for Taxpayer Identification Number and
Certification (W-9) form to be executed and returned.
Thank you for your cooperation. If you have any questions concerning the above, please
contact me at (904)329-4271 or write me at the above address.
Contracts Administrator
Office of Procurement
AEW/pn
Enclosures
William M. Segal, CH~R~ Dan Roach, wc;c~R~ James T. Swarm, T~SU~£R Otis Mason, SECRET,mY
MAJTt. N~ FERNANDINA B F..AC~ COCOA ST, NJGU~TINE
Kathy Chinoy Griffin A. Greene James H. Williams Pa~cia T. Harden Reid Hughes
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Contract g97W348
AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF SEBASTIAN
TO PROVIDE EDUCATIONAL INTERPRETIVE DISPLAY PANELS
ON THE RIVERVIEW PARK OBSERVATION PIER
THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT"), whose address is
Post Office Box 1429, Palatka, Florida 32178-1429, and CITY OF SEBASTIAN ("CITY"),
whose address is 1225 South Main Street, Sebastian, Florida 32958.
WiTNESSETH THAT:
WHEREAS, DISTRICT is a special taxing district created by the Florida Legislature and
given those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose
geographical boundaries encompass the Indian River Lagoon; and
WHEREAS, DISTRICT has determined that its needs will be best served by entering into
an AGREEMENT for services that can be provided by CITY.
NOW THEREFORE, in consideration of the payments here specified and which District
agrees to make, CITY agrees to furnish and deliver all materials, to do and perform all work and
labor required to be furnished and delivered, done and performed to provide educational
interpretive display panels on the Riverview Park observation pier, Contract g97W348. CITY
agrees to complete the Work in conformity with the. Contract Documents and all attachments as
defined herein and on file at the St. Johns River Water Management District. The Contract
Documents consist of the following items, including all modifications thereof incorporated in the
Documents before their execution: AGREEMENT; EXHIBIT "A" - Scope of Work; and all
attachments hereto. All attachments and' Contract documents are part of this AGREEMENT as
fully and with the same effect as if they had been set forth at length in the body of this
AGREEMENT.
ARTICLE I - SCOPE OF WORK
Ail Work will be performed in accordance with EXHIBIT "A", SCOPE OF WORK,
entitled, "Provide Educational Interpretive Display Panels on the Riverview Park Observation
Pier," attached hereto and by reference made a part of this AGREEMENT.
ARTICLE II - SCHEDULE OF WORK AND EFFECTIVE DATE
The effective date of this AGREEMENT shall be this __ day of
Page 1 of i0
, 1997.
Contract ~t97W348
CITY will be required to commence work under the Contract within fifteen (15) calendar
days after the effective date of the AGREEMENT, to prosecute the Work diligently, and
to complete the entire Work for use within nine (9) months after the effective date of the
AGREEMENT, unless the date is extended by mutual agreement of the parties hereto.
Time is of the essence.
ARTICLE III - TERM
This AGREEMEN:F shall e~xpire at 12:00 midnight on the sixtieth day after 'the
completion of the Work in accordance with the date established under ARTICLE ii above.
ARTICLE 1V - LIABILITY AND INSURANCE
Each party to the AGREEMENT is responsible for ail personal injury and proPerty
damage attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. In addition, each party is subject to the provisions of
Section 768.28, Fla. Stat. (1995).
If CITY fails to comply with any of the terms, conditions, provisions, or stipulations of
this Contract, DISTRICT may avail itself of any or all remedies provided in the Contract
and shail have the fight and power to proceed in accordance with its provisions.
Each party shail aiso acquire and maintain throughout the term of this AGREEMENT
such general liability, automobile insurance, and workers' compensation insurance as
required by their current rules and regulations.
CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREEMENT does not and will not infringe on any patent rights.
ARTICLE V - RESPONSIBILITIES OF CITY
CITY's Project Manager shall be Thomas Frame, Manager, or his designee.
CITY shall follow the verbal and written direction of DISTRICT's representative
assigned to the work. All work authorized may be stopped by DISTRICT's
representative at any point, which shall not result in loss of payment to CiTY for services
performed up to the time the Work has ceased in accordance with this Contract. If CITY
fails to perform under terms of this Contract, DISTRICT may elect to have CITY cease
work until corrections are made at no additional cost to DISTRICT and with no
allowance for extension of time or to terminate if CITY fails or refuses to comply with
the terms of this AGREEMENT.
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Contract #97W348
CITY certifies it is an independent contractor and not DISTRICT's employee, nor are any
of CITY's employees performing work under this AGREEMENT, DISTRICT employees.
ARTICLE VI - RESPONSIBILITIES OF DISTRICT
The Executive Director designates Johnnie Ainsley as Project Manager for purposes of
directing CITY and maintaining coordination and review of the work. The Project
Manager shall have sole and complete responsibility to transmit instructions, receive
information, approve invoices, interpret and communicate DISTRICT policies and
decisions with respect to all matters pertinent to CITY's services. The Project Manager
and, as appropriate, other DISTRICT employees shall meet with CITY as necessary to
provide decisions for the duration of the Work, as well as to review and comment on
interim reports. No actions outside the Scope of Work shall be initiated by CITY without
prior written authorization of the project manager; however emergency situations
requiting action within less than twenty-four (24) hours may be granted verbally by the
Project Manager and followed up in writing within seventy-two (72) hours.
DISTRICT shall be available to CITY to respond to questions regarding the project.
As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of
any and all invoices and deliverables related to this AGREEMENT submitted by CITY.
Upon the satisfactory completion of the Work, DISTRICT will provide a written
statement to CITY accepting all deliverables.
ARTICLE VII - DELIVERABLES
Deliverables: CITY shall deliver all services, products, and deliverables as stated in the
Contract.
REPORTS: CITY shall submit monthly reports to DISTRICT's Project Manager in a
form approved by the Project Manager. In addition to hard copies, all written
deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form
in formats consistent with DISTRICT's standard software products. DISTRICT's
standard office automation products include the Microsoft® Office Suite (WORD,
EXCEL, ACCESS, and POWERPOINT). Other formats may be accepted, if mutually
agreed upon by DiSTRICT's Project Manager and Chief Information Officer.
ARTICLE VIII - COMPENSATION
Amount of Funding: For satisfactory, performance of the Work outlined in the Contract,
DISTRICT agrees to pay CITY a sum in the amount not to exceed $7,997.
Page 3 of 10
Contract g07W348
Invoicing Procedure: All invoices shall reference the Contract Number provided on the
first page of this AGREEMENT and shall be submitted to Director, Office of Financial
Management, P. O. Box 1429, Palatka, Florida, 32178-1429. CITY shall submit itemized
monthly invoices based upon the actual work pertbrmed and shall bill as per the Project
Budget included in EXHIBiT "A". Invoices which do not correspond to the Project
Budget will be returned to CITY without action.
Payment: DISTRiCT shall pay CITY one hundred (100%) percent of each approved
invoice within thirty (30) days of presentation. Payments due and unpaid under this
AGREEMENT shall not bear interest.
Travel: Travel expenses must be submitted on DISTRICT or State of Florida Travel
Forms. DISTRiCT shall pay the CITY all travel expenses pursuant to DISTRICT Travel
Policy, attached hereto, and by reference made apart hereof. Travel expenses shall not be
considered additional compensation, but shall be drawn from the amount provided in the
Project Budget. .:.
Release: CITY agrees that acceptance of the payment, shall be considered as a release in
full of all claims against DISTRICT or any of its members, agents, and employees, arising
out of, or by reason of, the Work done and materials furnished under this AGREEMENT.
Prior to, or in conjunction with final payment, DISTRICT shall review and determine that
CITY has fully and satisfactorily completed the required Work under this AGREEMENT.
If DISTRICT determines that CITY has complied with the terms and conditions of this
AGREEMENT, then acceptance of final payment by CITY shall be considered as a
release in full of all claims by DISTRICT against CITY, or any of its members, agents
and employees, arising out of, or by any reason of, the Work to be done and materials
furnished under this AGREEMENT.
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ARTICLE IX - OWNERSHIP OF DOCUMENTS
Ownership and copyright to all reports and all accompanying data (in all formats)
produced pursuant to this AGREEMENT shall be vested in DISTRICT and CITY. CITY shall
include language in all subcontracts which clearly indicates that Ownership and Copyright to all
materials produced pursuant to this AGREEMENT shall remain with DISTRICT and CITY.
ARTICLE X - SUBCONTRACTING
CITY shall not sublet, assign, or transfer any work under this AGREEMENT without the
written consent of DISTRICT. When applicable, and upon receipt of such consent in
writing, CITY shall cause the names of the firms responsible for such portions of the
work to appear on the work.
CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days
prior to the effective date of the subcontracts for the purpose of approval. CITY agrees to
Page 4 of 10
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Contract g97W348
provide DISTRICT with an executed copy of all subcontracts within ten (10) calendar
days after the effective date of the subcontract.
CITY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold DISTRICT harmless from any liability or damages arising under or
from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall
create any contractual relationship between any subcontractor and DISTRICT.
ARTICLE XI - CHANGES IN SERVICE REOUIREMENTS
DISTRICT and CITY may at any time, by mutual written agreement in the form of an
Amendment to this AGREEMENT, make changes within the general scope of this
AGREEMENT in the services or work to be provided. Neither party to this AGREEMENT shall
unreasonably withhold consent to any written amendment to this AGREEMENT.
ARTICLE XII - INTEREST OF CITY
Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or
employee of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat., as
amended) either directly or indirectly, in the business of CITY to be conducted here, and that no
such person shall have any such interest at any time during the term of this AGREEMENT.
ARTICLE XIII - ASSIGNMENT
CITY shall not assign the Contract or sublet it as a whole without the written consent of
DISTRICT nor shall CITY assign any moneys due or to become due to it hereunder, without the
previous written consent of DISTRICT.
ARTICLE XIV - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this
AGREEMENT for refusal by the other party to allow public access to all documents, papers,
letters, or other material related to this AGREEMENT and subject to the provisions of Chapter
119, Fla. Stat., as amended.
ARTICLE XV - AUDIT: ACCESS TO RECORDS
CITY agrees that DISTRICT or its duly authorized representatives shall, until the
expiration of three (3) years after expenditure of final funds under this AGREEMENT,
have access to examine any of CITY's books, documents, papers, and records involving./~,,
Page 5 of 10
Contract #97W348
transactions related to this AGREEMENT. CITY agrees that payment(s) made under this
AGREEMENT shall be subject to reduction for amounts charged which are found on the
basis of audit examination not to constitute allowable costs.
refund by check, payable to DISTRICT, the amount of any reduction of
B.
CITY
shall
payments. All required records shall be maintained until an audit has been completed and
all questions arising from it are resolved or until three (3) years after completion of the
Work and submission of a final invoice, whichever is later. CITY will provide proper
facilities for access to and inspection of all required records.
ARTICLE XVI - CIVIL RIGHT.~.___.~S
Pursuant to Chapter 760, Fla. Stat., CITY shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin, age, handicap
or marital status. '
ARTICLE XVII - CONFLICTI.N.G EMPLOYMENT
CITY agrees that at the time of execution of this Contract it has no retainer or
employment
AGREEMENT,
oral
or written, with any third party relating to any matters which
adversely affect any interest or position of DISTRICT. CITY shall not accept during the terms of
this Contract any retainer or employment from. a third party whose interests appear to be
conflicting or inconsistent with those of DISTRICT.
Notwithstanding the foregoing paragraph, CITY may accept retainers from or be
employed by third parties whose interests appear conflicting or inconsistent with those of
DISTRICT if, after full written disclosure of the facts to DISTRICT, DISTRICT determines that
the apparent conflict shall not interfere with the performance of the Work by CITY.
ARTICLE XVIII - NON-LOBBYING
Pursuant to Section 216.347, Fla. Stat., CITY hereby agrees that monies received from
DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any
other state agency. .
ARTICLE XIX - TERMINATIONS
Termination for Default: This AGREEMENT may be terminated in whole or in part in
A.
writing by either party in the event of substantial failure by the other party to fulfill its
obligations under this AGREEMENT through no fault of the terminating party, provided
/~ that no term/nation may be effected unless the other party is given: (1) not less than ten
(~ Page6of 10
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Contract 4~'97W348
Bo
(10) calendar days written notice delivered by certified mail, return receipt requested, and
(2) an opportunity for consultation with the other party prior to termination.
Termination for Convenience: This AGREEMENT may be terminated in whole or in
part in writing by either party provided that the other party is given: (1) not less than
thirty (30) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate, and (2) an opportunity for consultation prior to
termination.
If termination for CITY's default is effected by DISTRICT, an equitable adjustment in the
price provided for in this AGREEMENT shall be made, but (1) no amount shall be
allowed for unperformed services, and (2) any payment due to CITY at the time of
termination shall be adjusted to cover any additional costs to DISTRiCT because of
CITY's default. If termination for DISTRICT's default is effected by CITY, or if
termination for convenience is effected by DISTRICT, the equitable adjustment shall
provide for payment of all services, materials, and costs, including prior commitment
incurred by CITY up to the termination date.
Upon receipt of a termination action under paragraphs "A" or "B" above, CITY shall:
(1) Promptly discontinue all affected work (unless the notice directs otherwise), and
(2)
deliver or otherwise make available all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as may have been
accumulated by CITY in performing this AGREEMENT, whether completed or in
process.
Upon termination under Paragraphs "A" or "B" above, DISTRiCT may take over the
work or may award another party a contract to complete the work.
If, after termination for failure of CITY to fulfill contractual obligations, it is determined
that CITY had not failed to fulfill contractual obligations, the termination shall be deemed
to have been for the convenience of DISTRiCT. In such event, the adjustment of
compensation shall be made as provided in Paragraph "C" of this section.
ARTICLE XX - GOVERNING LAW/ATTORNEYS' FEES
This AGREEMENT shall be construed and interpreted according to the laws of the State
of Florida. In the event of litigation between the parties arising from or pertaining to this
AGREEMENT, the prevailing party shall be entitled to recover from the other, reasonable trial
and appellate attorneys' fees and costs.
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Contract g'97W348
ARTICLE XXI - CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against
the other merely by virtue of the fact that it may have been prepared by counsel for one of the
parties, it being recognized that both parties, DISTRICT and CIT.Y, have contributed
substantially and materially to the preparation hereof.
ARTICLE XXII - ENTIRE AGREEMENT
This AGREEMENT upon execution by CITY and DISTRICT, and the contract
documents constitute the entire Agreement of the parties. The parties are not bound by any
stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted
in this AGREEMENT. CITY agrees that no representations have been made by DISTRICT to
induce CITY to enter into this AGREEMENT other than as expressly stated by this
AGREEMENT. This AGREEMENT cannot be changed orally, nor by any means other than
written amendments referencing this AGREEMENT and signed by all parties.
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT has caused this contract to be executed in its name by its Executive Director and,
CITY OF SEBASTIAN has caused this contract to be executed in his name by its duly
authorized representatives, all on the day .and year fa'st above written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
CITY OF SEBASTIAN
By:
Henry Dean, Executive Director
By:
Typed Name and Title
Attest:
Typed Name and Title
APPROVED BY THE OFFICE OF GENERAL COUNSEL
(SEAL)
John W. Williams, Deputy General Counsel
St. Johns River Water Management District
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Contract ~t97W348
EXHIBIT "A" - SCOPE OF WORK
PROVIDE EDUCATIONAL INTERPRETIVE DISPLAY PANELS
ON THE RIVERVIEW PARK OBSERVATION PIER
I. INTRODUCTION
The City of Sebastian is currently writing the bid documents to build an observation pier at
Riverview Park in Sebastian. Permits have been secured from the Florida Department of
Environmental Protection and from the U. S. Army Corps of Engineers for the project.
II. SCOPE
Design, build and install three (3) educational interpretive display panels on and around the
Riverview Park observation pier. Panel topics are: (1) the rich diversity of life supported by the
Indian River Lagoon; (2) the importance of Pelican Island as the birthplace of the wildlife refuge
system; and (3) the shoreline restoration project.
CITY will choose an artist to custom design the panels. Local scientific experts shall be
consulted to developing detailed, and accurate, interpretive text. The shoreline restoration panel
shall use color photos to illustrate how the shoreline was restored. Photos showing part of the
human chain of 200 volunteers that created a "bucket brigade" to build a man-made reef. A cross
section of before and after the restoration, and other photos of the restoration project with text
explaining the importance of this project to the lagoon.
Porcelain enamel will be used for the medium. This will result in the ability to combine fine type
as well as big, bold areas of color. (See Attachment "A" for example).
The artist will make at least one (1) trip to Sebastian for research purposes. Travel expenses will
be reimbursed in accordance with DISTRICT's travel policy as referenced in ARTICLE VIII of
the AGREEMENT.
III. SCHEDULE
Design graphics for panels ............................................................................. October 1, 1997
Deliver panels ................................................................................................ January 1, 1998
Install panels .................................................................................................. February 1, 1998
Pate I of I0
IV. BUDGET
ITEM
Contract ~:97W348
AMOUNT
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1. Three 24" X 30" Porcelain Enamel Panels .............................................................. $
2. Artist Fees (inclUding expenses) .............................................................................. $
3. Frame Hardware
4. Express Mail Fees .................................................................................................... $
5. Delivery .................................................................................................................... $
6. Contingency (5%) .................................................................................................... 5;
TOTAL ......................................................................................................... $
5,565.00
1,475.00
225.00
252.00
100.00
380.00
7,997.00
NOTE: Contingency funds shall be not be spent without direct authorization of DISTRICT's
Project Manager prior to expenditure. Failure to secure authorization may result in non-
reimbursement of expenses.
CITY shall submit copies of paid invoices and supporting documentation when requesting
payment (reimbursement) for expenditures.
Page 2 of 10
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City of Sebastian, Florida
Subject: Interagency/Public Works
Agreement with the Indian River
Correctional Institution
Approved for Submittal by: City Manager
EXPENDITURE REQUIRED: [ AMOUNT BUDGETED:
None N/A
EXHIBITS:
I.
2.
Agenda No.
Department Origin: City Manager
Date Submitted: July 17, 1997
For Agenda of July 23, 1997
APPROPRIATION
REQUIRED: None
Letter from Indian River Correctional Institution dated June 26, 1997
Florida Department of Corrections Interagency/Public Works Agreement
SUMMARY STATEMENT
The proposed interagency/public works agreement is the annual agreement entered into with
State which allows the City to utilize the inmate labor offered by Indian River Correctional
Institution. The terms are deemed acceptable.
RECOMMENDED ACTION
Approve the interagency/public works agreement with the Indian River Correctional
Institution.
I
INDIAN RIVER I
CORRECTIONAL Oowr o
IN STITUTION LAWTON CHILES I
Secretary
HARRY K. SINGLETARY, JR.I
7625 17th Street S.W., Veto Beach, Florida 32968 · TelePhone: (561) 569-5100 Fax: (561) 770-3551
June 26, 1997
Mr. Patrick Brennan
Director of Public Works
1225 Main Street
Sebastian, Florida 32958
Re: Interagency/Public Works Agreement
Dear Mr. Brennan:
In accordance with Florida Statute 946.40 and Florida
Administrative Code, Chapter 33-3.003 and 33-3.017, the attached
agreement is submitted for your review and signature.
The contact persons overseeing this program at Indian River
Correctional Institution are Lieutenant Linda Cochenour and Mr.
Steve Kegerreis. They can be reach 'at 569-5100, extensions 205 and
248 respectively.
The Department continues to have as one of its goals, work programs
that provide support for the community as well as productive
opportunities for the inmate population. We are pleased to
participate with you in this program and request that you contact
us, at any time, if you have concerns or questions about the
execution of this agreement.
Respectfully,
Charl~ Matt~eZw~f-suPe~-intendent
Indian River Correctional Institution
CM/LC/lc
CC:
Jim Johnson, Assistant Superintendent
Robert B. Powers, Correctional Officer Chief
Steve Kegerreis, Classification Supervisor
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FLORIDA DEPARTMENT OF CORRECTIONS
INTE~GENCY/PUBLIC WORKS AGREEMENT
This agreement made and entered into this 30th _day of June
199--7, by and between the State of Florida Department of
Corrections,s Indian River Correctional InstitutionL hereinafter
referred to as Corrections, and City of SebastianL hereinafter to
as the Agency, is done so in accordance with Chapter s. 946.40
F.S., and Rules of the Department of Corrections, Chapter s. 33-
3.003, F.A.C., Inmate Work Program and s. 33-3.017, F.A.C., Use of
Inmates in Public Works The duration of this aqre~ment is from
07/0.1/97 to 06/3Q/98
mo/dy/yr mo/dy/yr
Work performed under this local agreement is determined to be value
added or cost savings as defined in the Community Work Squad
Manual.
X Value Added
... Cost Savings
Corrections agrees to provide for those items so indicated with a
check ( X ) to the left of each appropriate number. All other
items are to be marked "N/A" to the left of the number.
X 1.
Screen the inmates for the work to be performed to
provide a reasonable basis to believe that none
present a danger to property or persons.
X 2.
Provide up to seven inmates each workday for the
period of the aqreement. Medium custody ( lA
minimum custody ( ); both (.xx ~. *Refer to
Section II (14), Page 4.
X 3.
X 4.
X 5.
Provide one vehicle and one Correctional
Officer each workday to transport inmates assigned
to the Agency and to provide supervision as agreed
herein.
Provide food and drinks for inmate lunches.
Be responsible for the apprehension of an escapee
and handling of problem inmates. Provide
transportation from the work site to the
correctional facility for inmates who refuse to
work, become unable to work, or cause a disruption
in the work-schedule.
X 6.
,, ,X
N/A 8.
Be responsible for administering all disciplinary
action taken against an inmate for infractions
committed while under the supervision of the
Agency.
Provide for medical treatment for ill or
injured inmates and transportation of such
inmates.
Conduct a background check, which includes a
criminal history check, and obtain approval by the
institution/facility Superintendent or designee
prior to authorizing Non-Corrections personnel to
participate in training to supervise inmates.
Provide orientation and training to.non-Corrections
personnel approved to supervise inmates prior to
their assuming supervisory responsibility of an
inmate squad. Training will be in accordance with
Corrections' guidelines for non-corrections
personnel supervising offenders. Providerefresher
training each successive training year.
Notify the Agency in the event one of their
employees fails to provide proper supervision of
inmates.
x 11.
x 12.
Provide inmates with all personal items of clothing
appropriate for the season of the year.
Provide inmates for transportation/work at the
appropriate time regardless of temperature or
inclement weather, unless notified by the Agency of
suspended work operations, or the Department
determines that a squad should not check out.
13. Other (attached additional page if necessary).
II.
The Agency agrees to.provide for those items so indicated with a
check ( x ) to the left of each appropriate number. All other
items are to be marked "N/A" to the left of the number.
Provide Corrections with a schedule of hours which
inmates will be worked in accordance with the
established workday for the Agency and the
transportation time required. Any deviation from
the established schedule must be reported to an
agreed to by Corrections.
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X
X
X
· N/A
e
Provide supervision of inmates in accord with
Department of Corrections Rules and Regulations·
Non-Corrections personnel may supervise minimum and
medium custody inmates. Each such person must have
a background check, which includes criminal history
check, and be approved by the institution/facility
Superintendent or designee and complete required
orientation/training in the supervision of inmates.
Provide transportation of inmates to and from work
if such is not provided by Corrections as agreed to
in Section I of this Agreement.
Provide all tools, equipment, materials and
personal items such as gloves, rubber boots, hard
hats, etc., necessary and appropriate to perform
the required work.
Ensure that when licensing or permits are obtained
if required for the work to be performed. Provide
necessary supervision and guidance for projects
which require a permit which require technical
assistance to complete the project.
Immediately notify Corrections in the event of an
escape while the inmate is under supervision of the
Agency. Report any inappropriate behavior
displayed by inmates or any .inmate who fail~ to
perform his tasks in an acceptable manner.
Record daily the number of hours worked by inmates
using forms provided by Corrections and submit the
form on a weekly basis to Corrections.
Report all inmate injuries to Corrections.
Report all inmate injuries, regardless of how
minor in nature, to Corrections as soon as
practical.
Medically.related complaints made by an inmate
shall be reported Corrections as soon as
practical.
In cases of emergency, first aid, within the
scope of the supervisor's medical training,
shall be provided, request emergency health
care assistance, and assistance rendered to
Corrections.
N/A 9. Provide inmates with a fifteen minute rest break in
the morning and afternoon. Lunch .breaks shall
normally begin at 12 Noon and last at leas~ thir~
(~6) mi~ute~. Ensure inmates are supervise~'duri~g
rest and lunch breaks~
N/A 10. Provide an employee of the same sex as the medium
custody inmate(s) to be immediately available to
render
assistance
in
cases where the squad
supervisor is of the opposite Sex as the inmate.
~ 11. Require each non-Correction person approved to
supervise inmates and other appropriate staff
members to attend orientation/training in ~he
supervision of. inmates prior to assuming
supervision of ~n~.ates, ~nd to .. attend~ ~Dnua]
refresher trainin~ ~...the supervision of in~tes.
Orienta~i6n~train~ng to be pr°~ided by .... the
Department.
~ 12. Agency hereby agrees to be liable for,~., and shall
indemnify, defend and hold Corrections harmless
from all claims, suits, judgements or damages
including court cost and attorney,s fees arising
out of intentional acts, negligence or omissions b~
the Agency in its supervision of inmates pursuant
to this .Agreement. If agency is an agency or
subdivision of the State of Florida, this paragraph
shall not be interpreted as altering the state's
waiver of immunity in tort pursuant ~o Section
768.28, Florida Statutes, or to otherwise impose
liability on Agency for which it would not
otherwise by law be responsible. .
X 13. Ensure that all wor~..assignments/DroJects util~zinq
.iDmates are auth~.rized projects of '"the
municipality, ~i%¥, ~ountv~ ~o%ernmental'"'agenc~o~r
RQn.-profit 6rganizat%o~ and that ..... priv~t~
contractors employed by y°u~ agency" do "not us~
inmates as ianY Da~...g.f their la,.or forCe." "
x 14. other special considerations re. gardin, q activities ........
o~the work scuad that may be based on work
location, etc. (At~ach additional'' ~aq'e(s) '-~f
app!ic~bie).
* This agency requests the use of a work squad four
times a month or on an as needed basis.
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III.
The Department or the Agency may suspend this agreement or
terminate this agreement with immediate notice, in whole or in
part, when the interests of the Department or Agency requires such
termination.
Agreed to and signed this
day of ., 19
Florida Department of Corrections City of Sebastian
Name of Agency Receiving Services
Name: Name:
Title: Title:
Name: Name:
Title: Title:
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
AGENDA FORM
SUBJECT: ] AGENDA NO.
Permit & Certificate of Public ]
Convenience and Necessity ]
A.D.M. Transport ] Dept. Origin:
Mark Daniels & Russell Mann ]
] Date Submitted:
APPROVED FOR SUBMITTAL BY: ]
] For Agenda Of:
City Manager: ,4d/~M t~~_} Exhibits:
tr ]
]
]
,City Clerk40.' )4
?/1 t/97
?/23/9?
Application with supporting
documantation
Copy of Code of Ordinance
Chapter 106
E~ENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
SUMMARY STATEMENT
We have received a request for a Permit and Certificate of Public Convenience and Necessity. In
accordance with Section 106-54 of the Code of Ordinances a date for a Public Hearing must be
set by the City Council. The application has already been before the Planning & Zoning
Commission, and approved 7/3/97.
RECOMMENDED~k£TiON
Set Public Hearing for August 13, 1997
REOLTEST FOR
PERMIT AND CERTI~CATE OF PUBLIC CON'VENIEN~ AND NECESSITY
I/~e,
C}w n e r (s)
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hereby make application to the City of Sebastian for a Permit and Certificate of Public
Convenience and Necessity as set forth in Chapter 106 of the Code of Ordinances of said city to
operate a vehicle for hire over the public thoroughfares of said city.
We respectfully request consideration to obtain a permit as above specified and hereby submit
the following information.
We respecO~ully request permission to operate over the public streets of the City of Sebastian to
transport passengers. ,,tpplicant will piclc up and deliver passengers within the municipal
boundaries.
Applicant requests permission to operate ~L vehicle(s) ~r ~ c.._
(3,[odel) (Size and Weigh0
with a capacity of q .passengers and a driver. Applicant reserves the right to put
more vehicles in service as demand warrants.
The proposed rates are attached
I/We hereby agree to conform with and abide by all rules and regulations which may be lawfully
prescribed by the City Council of the City of Sebastian in respect to the operation of vehicles for
hire within the city limits.
I/gee certify that ail moior ~2ehiclesoperated by
shall be kept and maintained in safe operating condition. Ail vehicles shah be air conditioned
and radio dispatched
I/We certifiedwe will provide appropriate insurance coverage as specified by the Code of
Ordinances of the City of Sebastian, Chapter 106.
I/We respecOCuily request the CounCil approve a Permit and Certificate of PubBc Convenience
and Necessity. .
Witness:
STATE OF FLORIDA
COUNTY OF INDI~ RIVER
Subscribed and swom to (or affirmed)before me this L~ff~Tday of(~/d~ ~C~7~-,,/19~/
by////~_~-~ .,/~~ ~,~.~_:~.//~...~/~/~, who.-istare personally known to me ov4,,aa/have
./
produced /{///~2 as identification.
,~-'x-~~~:~i.v}.:.( Notary Public, Commission No.
;~Z/' 7_f'~ t (Name of Notary, Printed or T~ed)
~:~'. ...... .,. ............ ....... ...... ~:,~:~:~;~ANCEB~NDER~?~:~::i~??~!~.~::~:i~:?;~;~.~ii~:?;~;.:.-=~.~,::~?~,-~:.~.~,... ....... ~...,..:..... ........ . m
THIS I~INOER IS ......... ~" ...... '"" ............... ~"=;~'~:~'~:.'::,::..~;'{.,=::..'..~.,-: :..::./~.:[::~.;.....:::~:~:?~;:.:~.:...::~;~;:.~:~;;~:[~..:[.::~;.~:~..::~;~.;:~;7.~.?:?.:~.;:.:?.;[:=:~:.::~:;~.~.~?.;~:~.~`~.~.~.:::.?~:::~J ~ ~(~M/OO~ ".:
..... ~ 407-984~1976 %~,.r ~-~ 3n~ ~ THE R~SI~OF~I~FO~M.
~es ~oper Love ins ~9ency
A Division of USA Ins. Group
P. O. Box 700
Melbourne , FL 32902
IN~IJRED RUSSELL MANN & MARK DANIELS
DBA:
ADM TRANSPORT
748
~ 32958
Au"roMoSit; UA~I UTY
~ AUTo
Att. OWNED
NON-OWNED AUT~
A~O ~L D~E DEDUCTi~
~O~ THAN COl
.~ UMSRLet-L.A ~R&4
OEDI.~nEIUE
SCHEDULED VEH,Ct.~3
A~(~REEIATE
PENCE
$
!OICAL PAYMENTH
"ROT
I
I~ * EA ACCIO
000
000
000
$
~4,000
UNION LOCS
P 0 BOX 2080
~RO BEA~, FL 32961-2080
~;~. ~'~'~" · ~..~ .- .._~... .... · --" ....
~--DO
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Chapter 106
VEHICL~.S FOR HIRE=
Article I. In General
Secs. 106-1-106-25. Reserved.
Sec. 106-26.
Sec. 106-27.
Sec. 106-28.
Sec. 106-29.
Sec. 106-30.
Sec. 106-31.
Article II. Taxicabs
Div/sion 1. Generally
Definitions.
Operation and maintenance of vehicles.
Inspection.
Passenger capacity.
Rates; authorization by council; changes; posting.
Liability ins~ce required.
Sec. 106-51.
Sec. 106-52.
Sec. 106-53.
Sec. 106-54.
Sec. 106-55.
Sec. 106-§6.
Sec. 106-57.
106-32-106-50. Reserved.
Division 2. Permi~ and Certificate of Public Convenience and Necessity
Required.
Application.
Application fee.
Fix/ag time and giving notice of hearing.
Hearing;, considera~on of application; issuance or refusal of permit and certif-
icate.
Disposition time for reapplying alter denial.
Revocation; authority o[ council; notice; hearing, etc.
Sec. 106.58. Holder to agree to new conditions upon adoption by council.
Secs. 106-~9-106-75. Reserved.
Sec. 106.76.
Sec. 106-77.
Sec. 106-78.
Sec. 106-79.
D/vision 3. Vehicles Operating on Fixed Route
Definitions.
Loading zone application.
Permit to construct benches; restrictions. "
Revocation of permit; removal o£ facility.
=Cross references-Businesses, ch. 30; license taxes on buses and bus cempanies, trucks
and trucking companies, § 30-52; traffic ~nd vehicles, ch. 98.
CD106:! ~
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VEHICLES FOR HIRE
§ 106-30
ARTICLE I. IN GENERAL
Secs. 106-1-106.2i{. Reserved,
ARTICLE II. TA~CABS
DrvIsION 1. GENERALLY
Sec. 106-26. Def'mitions.
The following words, terms and phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning.
Operudou ora ta.~cab means the business of cmu3dng or ~ansporting passengers for hire
in any motor~iven vehicle over the public streets and alleys of the ci~.
(Code 1980, § 29-16)
Cross reference-Del'mittens and rules of construc~on generally, § 1-2.
Sec. 106-27. Operation and maintenance of vehicles.
All motor vehicles operated and used as taxicabs shall be kept and maintained in a clean
and safe operating condition and shall be operated only by e~cient and capable operators.
(Code 1980, § 29-17)
Sec. 106-28. Inspection.
If the police depar~ent determines that any of the motor vehicles operated and used as
taxicabs is unsafe, they shall advise the operator and owner thereof in writing of the nature
of items considered and found ~o be unsafe, and such vehicle shall be prohibited from operating
in the city until corrections and repairs are made.
(Code 1980, § 29-18)
Sec. 106-29. Passenger capacity.
No more persons shall be transported at one time than the manufacturer's rated capacity
spec/fled for each vehicle used as a taxicmb.
(Code 1980, § 29-19)
Sec. 106.30. Rates; authorization by council; changes; posting.
Rates charged passengers for tn.xicnb service shall be approved by the city council. Au-
thorized rates shall not be changed without the consent o£ the city council. A/1 rates for service
shall be posted in each vehicle used as a tn.~dcab.
(Code 1980, § 29-20)
CD106:3
§ 106-31
SEBASTIAN CODE
Sec. 106-31. Liability insurance required.
Every owner or operator of a taxicab operating in the city under a franchise shall obtain
and maintain in full force and effec~ and applicable to such operation at all times during the
entire period thereof a liability insurance policy in the £orrn and substance approved by the
c/fy, executed by an insurance company authorized to do business in the state and acceptable
by the city. The terms and conditions of the policy shall be such as to provide protection for all
persons suffering injury, loss or damage to person or ~o property by reason o~' the negligent
operation of such taxicab by any person. The policy shall be in the coverage amounts of not less
than $100,000.00 for injury or death to any one person and not less than $300,000.00 for injury
or death to any persons caused by any one acc/dent, and in the sum of not less than $§0,000.00
for damage to proper~y resulting from any one accident. The policy shall specifically cover
1/ability for the opera,on cfa taxicab. A duly authenticated copy of each such insurance policy
shall be Filed with the city clerk and shall contain a pro.r/s/on whereby the insurance company
executing the policy shall, in the policy, obligate itself to notify the city clerk in writing not
less than 30 days before any alteration, modification, or cancellation of such insurance pol/cy
is to become effective.
(Code 1980, § 29-21)
Seca. 106-32-106.§0. Reserved.
DIVISION 2. PEi%MiT AND CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY
Sec. 106.51. Require&
It shall be unlawful for any person to operate a tax/cab for hire or profit over any'Of the
public s~reets and alleys of the city unless and un~l such person shall have chained a permit
and certificate of public convenience and necessity from the ci~ council.
(Code 1980, § 29-43)
Sec. 106.$2. Application. ~
Any person desiring to engage in the business of operating a tax/cab over the public
streets and alleys of the city shall make application to the city council for a permit and
certificate of public convenience and necessity. The application shall be in writing, verified by
the applicant, and shall specify the following matters:
(1) The name and address of the applicant and the names and addresses of applicator's
officers, if any.
(2) The public s~ree~s and alleys over which the applicant desires to operate, or the
general territory within the corporate limits of the city which the applicant desires to
serve.
(3) A brief description of each vehicle which the applicant desires to use, including the
seating capacity, the make, the size and weight, and whether a new or used car.
CD106:4
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VEHICLES FOR HIRE
§ 106-55
(4) A statement of the rates proposed to be charged by the applicant.
(5) An agreement on the part of the applicant to conform with, and abide by, all rules and
regulations which may be lawfully prescribed by the city council in respec~ to the
operation of taxicabs.
(6) A financial statement showing profit or loss, to be filed with the city clerk on an
annual basis on or before June 30 of' each year.
(Code 1980, § 29-44)
Sec. 106-53. Application fee.
Each application under this division shall be accompanied by payment of' $50.00 to be
placed in the general fund of the city and applied to the cost of notices and hearings and for the
administration of the provisions of this division.
(Code 1980, § 29-45)
Sec. 106-54. Fixing time and giving notice of hearing.
Upon filing of an' application and payment of the fee, as required by this division, the city
council shall fix a time for hearing on the application, which shall not be less than ten days nor
more than 15 days subsequent to the filing of the application. No application for a permit shall
be granted or certificate of convenience and necessity issued without a hearing by the city
council Notice of such hearing shali be given to the applicant and to all persons who are
engaged in the taxicab business in the city, and shall be mailed at least five days prior to the
date assigned for hearing of such application to the last known address of such persons and
shall be published at least five days before such hearing in a newspaper of general circulation
in the city.
(Code 1980, § 29-46)
Sec. 106-55. Hearing;, consideration of application; issuance or refusal of permit and
certificate. ,
At the time specified in the notice of hearing under the provisions of section 106-54, or at
such time as may be fixed by the city council, a public hearing upon the application for a
permit and certificate of public convenience and necessi~ shall be held by the city council. At
or afl:er such hearing the city council may issue a permit and certificate of public convenience
and necessity az prayed for; or refuse to issue such po.whit and certificate; or may issue such
permit and certificate with modifications, or upon such terms and conditions as in its judg-
ment, public convenience and necessity may require; provided, that the city council in granting
any such permit and certificate shall take into consideration the following:.
(1) The public demands and traffic conditions.
(2) The' financial condition and moral character of the applicant.
(3) The number, kind, type of equipment and rates proposed.
CD106:5
§ 106-55 SEBASTIAN CODE
(4) Increased traffic congestion and available parking space.
(5) The safe use of the streets and alleys.
Such other relevant fact~s~ the city council may deem advisable or necessary.
(Code 1980, § 2~-47) .
Sec. 106-66. D~sposition time for reapplylng after demal.
No new application for a permit and certificate of public convenience and necessity to
engage in the business of operating a taxicab or bus service shall be permitted to be filed where
a previous application covering substantially the same provisions has been previously denied
until after the expirat/on of six months from the denial of such previous application.
(Code 1980, § 29-49) . . .
Sec. 106-57. Revocation; authority of com~cil, notice, hearing, etc. -
Whenever any person to whom a permit and certHicate of public convenience and neces-
sity shall have been issued by the city council for the operation of a taxicab business in the city
shall violate any of the terms or conditions under which such permit and certificate was issued,
the city council shall have the power to revoke the permit and certificate upon hearing duly
had, of which the applicant shall be given at least ten days' notice in writing of the time and
place of such hearing and shall be furnished with a 'copy of the charges made against such
person. Upon such hearing, if the city council shall determine thai such charges are true and
that the person involved is guilty of violating any of the ~erms or conditions under wkich such
permit and cer~cate of public convenience and necessity was issued, as specified in the
charges made ageinst such person, then such permit shall be revoked by the city council, 'and
such person shall no longer be authorized ~ be engaged in the taxicab business in the city,
unless and until a new Permit and certificate shall have been issued in accordance with the
provisions of this division.
(Code 1980, § 29-50)
Sec. 106-68. Holder to agree to new conditions upon adoption by council.
The holder of any certfficate issued by authority of this division shalLa~ree to comply with
any new, additional or further conditions or instructions which may be imposed upon the
holder by the city council within 30 days from the date of adoption of the motion, resolution or
ordinance of the city council imposing additional terms, conditions or instructions.
(Code 1980, § 29-48)
Secs. 106-69-106.75. Reserved.
DMSION 3. VEHICLES OPERATING ON FIXED ROUTE
Sec. 106.76. Definitions.
The following words, terms and phrases, when used in this division, shall have the mean-
(-~.~~ ing~ ascribed to them in this section, e.xcept where the conte~ clearly indicates a different meaning:.CD106:6
VEHICLES FOR HIRE
§ 106-79
Permit holder means any person that holds a permit and certificate of public convenience
and necessity to engage in the business of operating a taxicab over the public streets and alleys
of the city on a fLxed, established route, such taxicab being commonly called a bus.
(Code 1980, § 29-33)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 106.77. Loading zone application.
Any permit holder may apply in writing to the city clerk for and as a part of his permit
for the establishment or' a loading zone on the public streets. Such written application shall
designate the exac~ spot for such loading zone and, if and when approved by the city clerk, the
c/ty shall mark, set apart and deaignate each of the spots as a loading zone for the use and
benefit of a permit holder. It shall be unlawful for any person to stop, stand or.park any vehicle
in such loading zone ~xcept a permit holder.
(Code 1980, § 29-34)
Cross reference-Traffic and vehicles, ch. 98.
Sec. 106-78. Permit to construct benches; restrictions.
Any permit holder may apply in writing to the city clerk for a permit to erect, construct
and maintain benches or seating for the use of the general public at any loading zone estab-
Hshed under this division. Such permit shall state the kind and 5/pe of seating and shall
indicate the spot on the public street right.of-way where the bench or sea~ing shall be placed
and shall state any advertising, signs or painting to be placed thereon or at'F~xed thereto. It' and
when such application is approved by the city council, the city clerk shall issue a permit for the
specific public seating, painting and advert/sing and the permit shall not be changed or altered
except by written amendment of the permit by the city clerk. Such seating shall be placed at
such a location as will, in the discretion or' the ci~ council, constitute a minimum of inferrer-
ence with vehicular and pedestrian traiTic on the public streets.
(Code 1980, § 29-35)
Cross reference-S~reets, sidewalk~ and other public places, ch. 90.
Sec. 106.79. Revocation of permit; removal of facility. '
The city council may, after 30 days' notice in writing delivered by mail to any permit
holder, evoke, cancel and terminate any permit issued pursuant to this division and irnmedi-
ately upon such revocation, any permit holder shall remove any t'acility placed on the public
streets pursuant to such permit. Should any permit holder fail to remove such facility, then the
city clerk shall remove and destroy the fadli~y..~my permit for construction of benches granted
pursuant to this division shall become and be deemed a part of the loading zone permit of the
permit holder, and upon revocation or suspension of the loading zone permit, then any perm/is
t'or construction of benches shall likewise be suspended or revoked.
(Code 1980, § 29-36)
CDI06:7
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 u FAX (561) 589~5570
AGENDA FORM
SUBJECT:
USE OF RIVERVIEW PARK
APPROVED FOR SUBMITTAL BY:
City Manager:~ ~',~
]
] AGENDA NO.
]
]
]
] Dept. Origin :
]
] Date Submitted:
]
] ForAgenda Of:
City Clerk ~
July 8, 1997
July 23, 1997
Exhibits: Letter of Request Dated
07/08/97
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
,~UM MARY STATEMENT
Richard Dougherty, President of Sebastian Art Club, is requesting permission to use Riverview
Park for Art shows on the following dates:
Saturday, November 15, 1997
Saturday, December 13, 1997
Saturday, January 17, 1998
Saturday, February 21, 1998
Saturday, March 21, 1998
Saturday, April 18, 1998
(rain date Sunday, November 16, 1997)
(rain date Sunday, December 14, 1997)
(rain date Sunday, January 18, 1997)
(rain date Sunday, February 22, 1998)
(rain date Sunday, March 22, 1998)
(rain date Sunday, April 19, 1998)
Unless otherwise stipulated by City Council, the following are established rules for the use of
Riverview Park:
1. $100.00 security deposit.
2. No vehicles in the park.
3. Applicant to provide sufficient waste receptacles and clean up after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entrance ways.
6. Any goods for sale must be handmade by members of the orgnaization.
7. Applicant must contact and receive approval from the Health Department
regarding the sale of food.
Move to approve the request.
RECOMMENDED ACTION
July 8, 1997
Honorable Mayor Lonnie Powell
& Council Members
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Dear Mayor and Council:
The Sebastian River Art Club is in the process of setting uP our
show dates for the 1997-98 season. In order to accommodate the
Disney Complex on the beach as well as the Indian River Arts
Council and Chamber of Commerce, we would appreciate your con-
sideration'for our "Fine Arts" exhibits at the Riverview Park
location, on the following dates:
1997 - DAY MONTH DATE RAIN DATE
Saturday November 15th Sun. 16th
Saturday December 13th Sun. 14th
1998 -
Saturday January 17th Sun. 18th
Saturday February 21st Sun. 22nd
Saturday March 21st Sun. 22nd
Saturday : April 18th Sun. 19th
As usual', we only use the park frontage along US ~1 and, again,
advise that any other activity that you wish to schedule along
the river road section will not interfere with our activities
and we welcome other events in the park at our scheduled dates
as a compliment to one another.
Thank you for your consideration.
--.._z-,~--~_~~/~~..~ '
RICHARD----~~' ~DOUGI-t~RTY - Pr~ident
Sebastian River Art Club
P.O. Box 780534
Sebastian, FL 32958
Phone: 407-723-9238
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
Lions Club Request for Use of
Riverview Park & Electric for
Labor Day Family Barbecue
CiTY COUNC~ AGENDA
TRANSMITTAL
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMITTED:
Ci~ Clerk
7/17/97
MEETING DATE:
AP~Oc.~ .UB.~ EXHIBITS:
'
Expenditure Required: Amount Budgeted:
Ellis Letter 5/12/97
Info Flyer
Appropriation Required:
SUMMARY STATEMENT
The Lions Club has requested use of Riverview Park on September 1, 1997 from 7:30 a.m. to
7:30 p.m. to host a Labor Day Family Barbecue, similar to one held last year when the fireworks
display was delayed.
Food will be provided by Bono's and music by The George Frye and Company. The event time is
3:00 p.m. to 7:00 p.m.
Unless otherwise approved, the following current standard conditions will apply:
1)
2)
3)
4)
5)
6)
7)
$100.00 Security Deposit
No vehicles in the park
Applicant to provide sufficient waste receptacles and clean up after event
No alcoholic beverages are permitted within the park.
All displays must be clear of the sidewalks and entranceways
Any goods for sale must be handmade by members of the organization
Applicant must contact and receive approval fi-om the Health Department regarding the sale of food
Applicant is to coordinate with the Public Works Department for use of electricity.
RECOj~IMENDED. ACTION
Move to approve the request of the Lions Club for use of Riverview Park and electricity on
September 1, 1997 from 7:30 a.m. to 7:30 p,m. for a Labor Day Family Barbecue with current
standard conditions.
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John Ellis
Lions Club of Sebastian, ]nc.
602 Rolling Hill'Dr.
Sebastian, FI. 32958
City Council of Sebastian
City HallCComplex
1225 Main Street
Sebastian, Fi. 32958
May 12, 1997
Dear Council Members,
The Lions Club of Sebastian respectfully request
permission for the use of Riverview Park and electrical
power for the Labor Day Family Barbeque on Sept. 1st 1997.
The usage time w~ll be from 7:30 am until 7:30 pm.
Labor Day Family
The Lions Club of Sebast, an
September 1, 1997
at Riverview Park
3:oo-7:00
Featuring Music By:
The George Fye & Company
and
' ~ Sponsored inpartby: ~
AT&T
City of Sebastian, Florida
Subject: Appointment of Regular Member
to the Planning and Zoning Commission,
Term to expire June 2000
Approved for Submittal by:
Agenda No. qT-/~(']
Department Origin: Commu_.nity Development
Date Submitted - July 15, 1997
For Agenda of July 23, 1997
Exhibits~ 1) Applications
EXPENDITURE
KEQUIKED: None
2) Minutes from P & Z Meeting of 6/19/97
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMAKY
Mr. Horry Johns' regular member term on the Planning and Zoning Commission expired 6/97. He
was originally appointed to an unexpired term vacated by Mr. John Falke in April, 1995. Mr.
Johns is eligible to be re-appointed to a full three year term.
The position was advertised to the public, accepting applications until May 28, 1997. Seven
applications were received including Mr. Johns'. Two applicants have since withdrawn. The
remaining applicants are: Mr. David Cox, Mr. Harry Thomas Jr., Mr. Chuck Neuberger, and Mr.
Alan Shisgal.
At its regular meeting of June 19, 1997, the Planning and Zoning Commission passed a motion to
recommend the City Council to re-appoint Mr. Horry Johns to a three-year regular member term
expiring 6/1/2000. However, the provisions of Section 10, Resolution R-94-51, requires the City
Council to interview each applicant a at public meeting prior to voting for their selection.
RECOMMENDED ACTION
Interview the applicants and make an appointment to the regular member position, term to expire
6/1/2000.
5.
6.
7.
8.
9.
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE N//MBER:
1_0. Voter registration no.
Length of Residency
RESUME OF EDUCATION AND EXPERIENCE: ~--~~.~-~
(use additional sheets if necessary or submit resume if available)
12.
I 13.
14.
Do you hold a public office? Yes~~___
Do you serve on a City Board at present? ~--~ No
PLEASE CHECK THE BOARD(S) YOU ARE iNTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "l")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE ~
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE .......................
16. What qualifications do you have to serve o~ .this board?
17. What reasons do you have for wishing to serve on an advisory
I board?
18. Hav~Jyou ever been convicted of any felony or any
misdemeano~involv±ng moral turpitude in this or any state?
Yes
19. Would/you consider serving on another Board other than the
I hereby certify that ~' am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian'to investigate'the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City CoCci1 of the City of SEBASTIAN mat
suspend.or remove'from office any municipal board member for
malfeaSanCe,'mi~feasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability to perform h/s official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for. a felony or for a
misdemeanor related to 'the'duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the SebaStian Police Department to run an
active warrant'Check on me.
Subscribed and sworn to before me this ~ day of 3w1~
19~_, by ~ ~-.~-O~q~$ , 'who is DersonalleknoWn'
~D~_~or h~s'pro~uced .... as tdent~fication.
(SEAL)
\ws- form\ app!ication
Name of NOtary (Printed or Typed)
Commission No.
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Chief of the Engineering Division, responsible for planning,
organizing, designing, budgeting, directing, and coordinating large
an~ diversified engineering program of the Middle East/Africa
Projects Ofc (MEAPO). The MEAPO is en~a~ed in managing and
di~ectin~ a foreign assistance program and US military construction
program. Program involves many Middle Eastern and African
countries.
~U.S. ~y Co~s of Engineers [~,o~ Sep 8~0 Oct 86
Middle East/Africa Projects Ofc ~;e~,m~s
-Winchester, VA 22'601-1450 Je~,,,~ s
c~ Winchester
Chief, Design Branch I Ralph Wheeler
Eng~neer2ng. &
~onstruction ~ GS-15 -.
Chief of Design Branch, responsible for the design of facilbties
fo= the U.S. and various foreiEn ~overnments in the Middle East,
primarily Saudi Arabia. The program includes a wide range of
projects that are extremely diversified and complex, new city, port
facilities, service academies, airfields, etc. The branch has an
authorized strength of 100+. The work of the branch is carried out
thru seven sections which include the five major disciplines Rlus
specifications and estimates. F~ra;e"¢7~se,z~&~,zem;
U.S. Army Corps of Engineers
Middle East Division
Berryville, VA
~;ct.ue:,you;'po~.~ Asst ChieftName°j'mmed'a(esupe,v's~
Desic~ Branch lJames Couev
I { vtseq emcayee~ you
ng~neering &
~ ~-14 :
U~S:~y Corps of Engineers ~ Jul 7c j~7
Leghorn, Italy ~.. ..... " ... ~ ..
Jueq,nn,,q. " ~c~,, C~D Darby
~hief-, Civil Section ~J~es Couey ; ~
:onstruction ~ Ge-14
Chief of Civil Design Section. Supervise 15-20 civil & env engrs,
land arch, & engr teehs. Responsible for architect-engineer a in-
ho.use designs for all sitework, roads, pavement, utilities,
irrigation, landscaping & water and sewage treatment for pro3ects
in Saudi Arabia and other Middle East countries. Projects are
extremely diversified & complex and include airfields, port
facilities and new cities.
6~rp~rt UCs~ '
3onscrucc~on ~ GS-13 .' '
P~ovide technical ~uidance
District Offices located within the Southern Re,ion on design
construction of ~i~Do~ts. Makes special studies a evaluations of
airport pavin~. Ke~ps advised of uses of new materials a evaluates
experimental uses of new p~oducts a methods; ~ecommends ~e~ional
policies, p~ovides standards a p~ocedu~es fo~ design a const~uc%ion
of airports. Performs evaluati6ns and cont~uction inspections of
U.S. ~y Corps of Engineers LF,o. Mar 68 To Jul 71
H~tsville
EzaCZ ~1~ QI y;~ ~O~iflg~ iN&mi al ,mm~aie su0e~so~ Ate& ~oge Tetep~Qne NUmO~ ~umoer
Kma ~( ~,~mt~S o~ org~qauon im~ulactu~,ng, iii Federal s~r~Jce. ~v~ N m,l,tary, s~e~ 9ra~e or ranx. aaa ~ate Qi ~Your ~ea~n for leav,~
~ng:neer~ng
Construction [ GS-13 -'
Civil design engineer responsible for direction of the design of
paving, drainage, grading, & miscellaneous civil features of
facilities. Pavement design is complicated by sites being located
in different sections of country (Mass., N.D., Mont., etc.) thereby
involving many different design coordinating access roads program
with various state road departments & FHWA. Acted as consultant &
advisor to field construction forces on construction p.~mhlo~,~
assoc i &ted wi th above worlc. ]~0, ~e~ ~e ,s.,, ~=~,. ,c,
.~..j~2me ~na ]~ress Ol ~mg~oy~ $ mgam~att.n i*mc/uo~ ZIP ¢.~G'e. a ~aam.
Merrill Island
Florida
inane al ~mmemale suOervlsor
~ivil Engineer ~el-~on Ball.
ltl ~;ederal gerw¢&
~ngzneer~ng &
~ns~uction ~S-12
mApr 63 ;o Mar 68
je~,~,~ s ~ c,,y Merritt Isla]
Area C~ae [etegnone ~mO~ Numoer ~nd xma al emp~ayee~ you su0ef-
Develop & supervise the development of plans, design, analysis, &
specifications for pavin~, drainage & site preparation features of
projects assigned to Canaveral District. These projects included
design of Saturn crawlerway (which was designed to carry the
largest known land movin~ vehicle, 17,§00,000 lbs.). Also
airfields projects at PAFB. In this assignment was in almost daily
contact with field on construction problems associated with pavin~
Jacksonville
Florida
FOat~ ~)10yed Ig, Ve moron ami )'earl
,0mFeb 60 To Apr 63
IBeemm~ $
~ Efldl~ S
Plata of emplQymenl _ _
Jacksonville
;-,~-t~. title al ¥~r ..-__.:L~--.~. jN~me el ~tate Super,sot Area Code Tele~ne ~o~ jfiumaer ~ ~ Gl ~ployee~ you sug~.
Civil
Engineer
A.B. Gross
Ill F~ S~ ~d,an ~ mdBlar~ ~ gtaae~.a~aateof
Ki~ at bu~s Or orpmpt,afl ~u/actu~m~. past ~Q~IiM ' l YOU, rea~n f~ learn9
n neer ng &
I
onstruction I GS-ll " '
~os&s ~n~ olde= c[v2[ fe~u~es of p~ojec~s ~ssi~ne~ [o -
~scksonv[[[e D[sL~[e[. ?h~s ~nc[udes p~ojecLs eL [he C~pe ~n~
[en~e~ Space celled, Also p~o~ecL en~ee~ responsible ~o~
ooo~d~nsL~n~ ~o~k o~ o[he= &asian ~[sc~p[[nes end [nsu=~n~ ~h~L
comp[e[e~ ~es~n ~k~e mai us~n~ ~enoE ~equ~emen~s.
l;,omOct 55 To Feb 60
BEpdlnq S
~x~c~ title ol your posm~ J,~, ~ ,mm~,a;e Superv~5~ Arej Cooe r~leonone ,~umo~ ~umoer ~0 ~ma'cl emplOyeeS y~u super-
/
'~(na a* ~usme~s ar or~an)zatmn ~manul~Cturmg. jif FeOef~J s~c~ c~v,l,~ ~ m,ht~ Sar' ]es. ~raGe O~ tanx. ~n~oa[e of YOu~ ~eason TOt Leawn9
~;CCaUA,Ag. ~ac]~ serv,~ et~; I~St promollan .
Place o~ ~;~oymeflt
Slate
Durin~ this period had the followin~ experience:
· 2 years with an aircraft company performin~ structural
design
· S months on active duty with the Corps of Engineers as
2nd Lieutenant . (// ~'~ /
· 1 1/2 years with the Co,ps of Engineers in their junior
engineer trainee program. ~/~.,/~ ~
.
6.
7.
8.
9.
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(use additional sheets if necessar~ or submit resume if available)
10.
11.
12.
13.
14.
15.
Voter registration no. ~~
Are ~ou a resident of the City? Yes ~ No
Length of Residency ~0 ~d.$
Do ~ou hold a public office? Yes No J
Do you serve on a City Board at present?
Yes ~ No
PLEASE CHECK THE BOARD(S) YOUARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
C~METERY COMMITTEE
*CODE ENFORC~-NT BOARD
*CONSTRUCTION ~OARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
16. ~nat qualifications do you have to serve on this board?
-- ~na~ reason~ do you have 'for wishing to seize'on an adv~
board? / . . iso~z
. /
18. Have'you ever been Convicted of a~¥ felony or any
mtsdemea~°r involving moral turpitude in this or any state~
' .~F'-lP-.-"W~d you consider serving on another Board other than the
.... one(s) you selected above? Yes ~ No ~_~_
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
tnfor~.ation which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
Z understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any mun/cipal board member-for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability to perform h/s official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the sebastian Police Department to run an
active warrant check on me.
Applicant Signature
Sqb)~ribe~d_~~be~ore me this~day of , ·
~, ~I~~f~- ,.w~ &~ ~.~~~o~
to me or h~s Pro~c~d~Blf~/~O-/07-~ as identification.
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C~WS- form\ auolication
Name of Notary ~rinte~r
Commissi~ No i
Typed)
DAVID L. COX, Ph.D.
1740 Arch Court
Sebastian, Florida 32958
561.388.6058 dlcox@metrolink.net
Expertise
· Ecology, environmental education, biochemistry & physiology, history of science
· excellent oral and written communication skills
· 15 years' experience in college teaching & curriculum development
· 20 years' experience in research design, implementation and data analysis
· 12 years' experience in research supervision and project management
· · over 10 years' experience in multi-disciplinary, team-oriented projects
Positions
1997-
1994-1996
1987-1994
1986-1987
1983-1986
1981-1983
1979-1980
Naturalist, Environmental Learning Center, Veto Beach, Florida
Senior Research Fellow, Shriners Hospital, Tampa, Florida
Research Assistant Professor, Dept. of Biology, University of Oregon
Senior Scientist, College of Marine Studies, University of Delaware
Assistant Professor, Department of Biology, Vassar College
Instructor & NIH Postdoctoral Fellow, Washington U. School of Medicine
NATO Postdoctoral Fellow, University of Oxford, Oxford, England
Education
Ph.D.
B.A.
Population Biolo~ & Ecology, Division of Biological & Biomedical
Sciences, Washington University, St. Louis, Missouri, 1979
Biology, Washington University, St. Louis, Missouri, 1972
Attended Vanderbilt University, Nashville, Tennessee, 1968-1970
Research Experience
· extensive field and lab work in university, field & marine station settings
· expert with a wide array of lab instrumentation, including troubleshooting & maintenance
· in-depth knowledge of evolutionary, biology, ecology, physiology & biochemistry
· obtained and administered several mvestigator-imtiated research grants
· trained many younger researchers who have pursued careers in science
· initiated and completed successful collaborative research projects
Teaching Experience
· currently teaching K-12 environmental education programs & developing adult programs
· taught undergraduates in a variety of class sizes over the past 15 years
· subjects include intro biology, developmental biology, biochemistry, molecular biology,
advanced biochemistry, reproductive biology, ecology, marine biology, history of biology
· supervisor and advisor for many undergraduate and graduate-level researchers
· youth nature awareness programs at Missouri Botanical Garden, 1970-1972
Professional ActivitieS
iExtramural Reviewer, NSF C.eJlular and Mo!ecular Biology Program, 1985-1996
Member, NSF Colleue Scienc,~ instmmentaUon Panel, 1986-1989 / ,./-.,. -.~ .
Recipient, NSF and }4EH awards for development of innovative courses, 1984-198~ /(~J '~
Invited seminar speaker at 20-plus colleges and universities, 1980-1996
AP?LZCAT'-GN 'TO SERVE CN CiTY
!1. .~-= '/CO a rmsldent of the Cji-f?
13.
:4.
Do Fcu se_~Te cna ~_~ ~card a~ ~r~sen~? Tes ~c ~
!~. What qua!i_-'iCatlcns dc ~cu have tu seize cn .~.is .hcarf.? .. ,,~
17 Wha- -=~scr. s dc ,7cu have f - '~shizc -
~-~. .~iav=_ You ever been iccnv'-'c~ad of any
!9. Would ,!~u cons!der-~e~z!nq cn am. crib. er B~arg o~her ~.~.=._~
_r her=~bv_ c~ifv_ t~u..h-~ r 'am cua!£_--imd t= hold the .~csi~icn. far
Z ~ders~d ~Sa~ the Ci~r Council of ~e Ci~ cf S~AS'Ti.~ may
ma!f~as~c~, m!sfaas~c~, neg!ec~d du~!, ha~i~4a!
duties. F,~her, ! =derst~d ~na~ ~ne Ci~ Co~nc~l ma?
=!~deme~cr rm!a=~d to ~ne duties cf ~s off~ce cr who
misdemeanor.
ac~!ve w~~ check cn me. // ~/ ~ .
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APPLICATION TO SERVE ON CITY BOAR!
2. HOME ADDRESS: 3 ~? //~E~~ ~ ~/
(use additional sheets if necessary or submit resume if available)
11. Are you a resident of the City?
12. Length of Residenc~
13. Do ~ou hold a public office? Yes~ No
14. Do you ser~e on a City Board at present? Yes No
15.
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
I being "1")
*BOARD OF ADJUSTMENT C~METERY CO~24iTTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING ~D ZONING
I 16.
i 17.
I
what C ~- ~-" ' '. -~-
qualifications dxo you have to serve on th~_~ koard?
/
What reasons do you have for wishing to se~e cn an adviso~~
l
~.,~ 18. Have'~-~ou ever been convicted of any felony or any
~-.! misde~.eang~ involving moral turpitude in this or any state?
~,'~ ' '~.i
~~ ~ou selected above? Yes
I hereby ce~ify that I ~ ~alified to hold the position for
which this application is made. F~her, I hereby authorize the
Ci~ of Sebasti~ to investigate the t~thfulness of all
info~ation which I have provided in this application. I
understand that ~y misrepresentation or omission of info~ation
re~ested in t~s application is cause for dis~altficatlon or
removal.
Z ~derst~d ~at the Ct~ Co~cil of the Ci~ of SEBASTI~ may
suspend or remove from office ~y m~ci~al board member for
malfeas~ce, ~sfeas~ce, neglected du~, habitual ~e~ess,
incompetence, or pe~ent ~abill~ to pe:fo~ ~s official
duties. F~er, I ~derst~d ~at the Ci~ Co~cil may suspend
any m~cipal board member who is arrested for a ~elony or for a
misdemeanor related to the duties of his office or who
in--cared or ~o~ed a~ainst for the co~ission of ~ felony or
m!sdeme~or.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
. .
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------ --~''~----~____ APPLICATION TO SERVE ON CiTY BOA~I ,~ ~ ~.A ~ ~
4. BUSINESS:
~. BUSINESS TELEPHO~: [S"~l ) 3 ~ ~ -q 73 ~_ '
7. SOCIAl. SECURITY rammER: 7---61 -- 7.--~. - % f'~ F-
(use additional sheets if necessary or' submit resume if available)
10.
12.
13.
14.
15.
Voter registration no.
Are you a resident of the City?
Length of Residency
Do you hold a public office?
Do you serve on a City Board at present?
Yes /No
Yes No /
Yes No /
PLEASE CHECK THE BOArD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference .with'first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE ------
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD ~
*PLANNING AND ZONING j
HANDICAPPED COMMITTEE
16. What q'ua,!ifications do you.have to ser~e o~ this board? ........
17. What reasons ~6 you have for wzsnzng 1:o serve on an a~dvisC~or!/ ~
18. Have ~u ever been convicted of any felony or any
misdemeano~involving moral turpitude in this or any state?
.... C'/ .~es ',- No - '
19',---W~id you consider s~rving.on a~ther_,Board other than the
one(*s) you selected above? Yes No
I hereby certify that'I am qualtf£ed to ho~d. the position for
which this application ~s'made.:-Further,".-~ hereby authorize the
City of Sebastian to lnve~%igate the truthfulness of all
information which I have'provided in this. application.
r"'U~defs%and'th~t'ah~misre~r~senta%ion or 6mission of information
requested in thi~ applicatto~is caus~ for disqualification or
removal. -' '' '
derst d that of the City of may
suspend..or remove.from office any municipal board member for
malfeasance,"misfe~sah~e-, negle~t~ duty, habitual drunkenness,
..incompetenc9, or per~.an, ent inability to perform his official
duties. Further,'I'understand that the City Council may suspend
any municipal board member who'.isarrested, for:a felony or for-a'
misdemeanor related t~'the dut±~'~f his office or who t~ ·
indicated or informed against for the commission of an~ felony or
misdemeanor.
I hereb~ authorize the S'e~a~%i-~ ~olice run
Department to an
active warrant check'on me.
ap~icant Signature ~
Subscribed and sworn, to ~beEore~me this ~ day of ~~ ,
~ or has produded ~' ~ as tde~%i~f~on.
( s EAL )
. "' ..... Name of NO.~arY. (Printed
\ Commission No.
WS- form\ appi~'cation
OUALIFICATIONS
Alan M. Shisgal
St. Cert. Res. REA/~0001778
APPRAISAL EXPERIENCE
Anders, Shisgal and Associates, Roseland/Sebastian, Florida
Residential Real Estate Appraiser and Owner/Partner
April 1997 to Present
Appraisal Associates, Vero Beach, Florida
StatfAppraiser
April 1996 to April 1997
Armfietd-Wagner Appraisal & Research, Inc., Fort Pierce, Florida
StaffAppraiser
October 1991 to April 1996
Great Western Bank, Vero Beach & Port Saint Lucie, Florida
Appraiser II
1988 to October 1991
H. C. vearl Gore, Inc., Jupiter, Florida
Fee Appraiser
1986 to 1988
APPRAISAL COURSES
"Demonstration Appraisal Report Writing Seminar"
Appraisal Institute
October 1995
"Standards of Professional Practice Parts A & B"
Appraisal Institute
August 1995
"FHA Lender Selection of Appraisers Seminar"
November 1994
Alan M. $hisgal
PO Box 854
Roseland, FL 32957
Page I
(561) 3884732
Fax (561) 388-2247
Email sanders~iu, net
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1
APPRAISAL COURSES (Continued)
"Basic Income Capitalization - Course #1310"
Appraisal Institute
August 1994
"Environmental Hazards Seminar"
Great Western
July 1991
"Professional Practice Seminar"
Appraisal Institute
Sep[ember 1989
"Marshall and Swil~ Residential Cost Seminar"
June 1988
"Applied Residential Property Valuation 102"
Society of Real Estate Appraisers
May 1988
"Introduction to Appraising Course 101"
Society of Real Estate Appraisers
September 1985
CERTn~ICATIONS AND PROFESSIONAL MEMBEKSI-KP
Certified Kesidential Real Estate Appraiser, State of Florida
gRD-0001778
Registered Florida Real Estate Salesman
#SL-0394095
Associate-SRA, Appraisal Institute
EDUCATION
B. 3.. Degree of Political Science
University of Florida
Gainsville, Florida, 1979
Alan M. Shisgal
PO Box 854
Roseland. FL 32957
Page 2
(561) 3884732
Fax (561) 388-2247
Em. ail sanders~iu.net
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JUNE 19, 1997
PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1208 U.S. HIGHWAY #1 -
DALE SMIDLEY - CARPET CLEANING
Ms. Dale Smidley, 1208 U.S. Highway #i, Sebastian, was present and identified herself.
There were four (4) notices of hearing sent out and there were no objection or non-objection letters
received.
Ms. King gave staff presentation and recommended approval.
Chron. Fischer opened and closed the public hearing at 7:32 P.M. with no public input.
MOTION by Mather/Munsart
I make a motion that we approve Dale Smidley of 1208 U.S. 1 for an occupational license
for carpet cleaning service.
A voice vote was taken. 7 - 0 motion carried.
PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 141 ROYAL PALM
STREET - KEN BLEAKLEY - LAWN MAINTENANCE
Mr. Ken Blealdey, 141 Royal Palm Street, Sebastian was present.
There were twenty-one (21) notices of hearing sent out and there were no objection or non-
objection letters received.
Ms. King gave staff presentation and recommended approval, and noted that upon completion of
the carport where he will store his utility trailer, he will need an inspection by the City.
Chrrm. Fischer opened and closed the public hearing at 7:35 P.M. with no public input.
Mr. Munsart asked if unity of title had been obtained, and he was assured that it had.
MOTION by MunsarffIolms
I move that we grant a home occupational license to Kenneth Blealdey, trading as Quad
"K" Lawn Maintenance, ax 141 Ro,v~ Palm Street.
Toice vote was taken. 7 - 0 motion carried.
COMMENDATION TO CITY COUNCIL - REGULAR MEMBER POSITION TERM
The following applicants were present and interviewed:
I
PLANNING AND ZONING COMMISSION I
MINUTES OF REGULAR MEETING OF JUNE 19, 1997
Mr. Horry Johns - (present member of P & Z, term to expire) i
Mr. Harry Thomas, Jr.
Mr. Chuck Neuberger
Mr. Alan M. Shisgal I
(Mr. David L. Cox submitted an application, but was not present at the meeting.)
RECOMMENDATION by Kilkelly I
I recommend Horry Johns. I
RECOMMENDATION by Schulke
I recommend Harry Thomas. I
Roll call was taken for Horry Johns. 1
Ms. Vesia - Yes Mr. Munsart - Yes
The vote was 6 - 1. 'Mr. 1ohns was reconunended to City Council for a term to expire 6/1/2000. I
MOTION by Mather/Kilkelly ..... I
I make a motion that the Board recommends Horry Johns to the City Council for the
continuation of the term to the year 2000. I
A voice vote was taken. 7 - 0 motion carried.
RECOMMENDATION TO CITY COUNCIL - CONCEPTUAL PUD PLAN I
AMENDMENT TO SEBASTIAN LAKES - LENNAR CORPORATION
Mr. Massarelli gave staff presentation on its evaluation. He noted that a special quasi~judicial I
hearing will be held by City Council on July 16, and the public will be able to speak at this
meeting. The City Council decision will be based on evidence presented, and technical
information, namely, consistency with the Comprehensive Plan, Code of Ordinances, and the Land I
Development Code. In order to be approved, it must be found to be consistent with the
Comprehensive Plan. At the same time: in order to be denied, it must be found to be inconsistent
with the Comprehensive Plan, and specifically why it is inconsistent with the Comprehensive Plan. I
He then explained the meaning of a Planned Unit Development (PUD), and pointed out Some
differences between a PUD, and RS-10 zoning in Sebastian High_lands. He also gave a history of i
the approval and development of this particular PUD, questioning the portion that was platted out
I
City of Sebastian
i 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
I CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: Handicapped Self- AGENDA NO. 77- / ~/
Evaluation Committee
Appointment DEPT. ORIGIN City Clerk ~
DATE SUBMITTED: 7/10/97
MEETING DATE: 7/23/97
EXHEBITS: Application of Catherine Ackerman
APPROVED FOR SUBMITTAL:
City Manager: ~ c~), ~
AMOUNT
BUDGETED:
SUMMARY STATEMENT
APPROPRIATION
1~ .Q, .,IF[R~D:
A regular member position became available on the Handicapped Self-Evaluation
Committee with the death of George Schum. This was advertised as required and the only
application received was that of Catherine Ackerman who is currently an alternate
member of this committee.
RECOMMENDED ACTION
Move to appoint Catherine Ackerman to the unexpired regular member position on the
Handicapped Self-Evaluation Committee with term to expire in June, 1999.
_APPLICAT_____~ION_ T__O SERV~E O__N CI~__TY_ B__
3. HOME TELEPHONE: ~d ~_ / / ~ -~
iBUSZNESS:
4.
s. BUSZNESS ADDRESS: --
e
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER: O 0 ~-
DRIVERS LICENSE NUMBER: ~ ~ 65 --
RES~E OF E~UCATmON ~ND EXPERIENCE:
(use additional sheets if necessary or submit resume if available)
10.
11.
12.
13.
14.
15.
16.
/
Voter registration no.~OJ,'/~
Are you a resident of the City?
Length of Residency
Yes____~ No
Do ~ou hold a public office? Yes No ~
Do you serve on a City Board at present? Yes_~/No__
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE ~
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
What qualifications do you have to
-,/~...~ .~/~....
serve on this board?
17. What reasons do you have for wishin9 to serve on an advisory
board?
,""~l'8-~',,~ave~)u ever been convicted of any felony or any
~isd'e~ean~
.. ~~involving moral turpitude in this or any state?
~ou consider serving on another Board other than the
you selected above? Yes ~ No ~~'
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualifiCation or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Applicant Signature
Sub_scribed a~nd/sworn to bgfor.e.me this ~ ~ day of ~
~o9 m~-e7' brYha~~ ~~ _, who is personally known'
o as identification.
(SEAL)
~_.~~\ws-form\application
Not. ja~y Public, State of~/iorida
Name 6f Notary (Printed or Typed)
Commission No.
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.City of Sebastian, Florida
Subject: Resignation of regular member on
the Riverfront Committee.
Approved for Submittal by:
Exh,bltS Res~gnauon letter d y
EXPENDITURE I AMOUNT BUDGETED:
REQUIRED: None [ None
Agenda No.
Department Origin: Community Development
(~)~~
Date Submitted: July 16,1997
For Agenda of: August 13, 1997
APPROPRIATION
REQUIRED: None
SUMMARY
At the July 14, 1997 regular meeting of the Riverfront Committee, regular member Mr. Edward
H. Moore presented a letter of resignation to be effective immediately.
Please accept resignation.
RECOMMENDED ACTION
To my £ellow committee members...
order to make the strongest protest of the actions of the Sebastian
Riverfront Study Committee effective immediately.
.!
7114/97 I
City Council, I am resigning from the
I
At last weeks city council workshop, three the city council members voted to restrict membership on city boards
toonly city residents --- not just property owners and taxpayers -- but residents only. I pointed out at the time
that many of the tax paying owners of businesses in the city did not necessarily reside in the city, but did invest
both their time and money in the city and should be given the opportunity to participate in the various boards that
helped to mold the future of the city. The pleafor an oppormity to participate in the future of the city fell on
three sets of deaf ears.
My wife and I have invested our entire life sav/n~ in a business that just happens to lie..1500 feet outside the
le~ city limits. We are residents of the Riverfront and have invested both our time and money to improve our
business, and with it our small section of the town. I resent the implications that only "ci~ residents'' can have
the best interest of the city of Sebastian in their minds when serving on city Boards. Any Business owner who
has invested in a business in this town needs to be given the oppormity to be heard and needs to be allowed to
participate in the committee/board method of government used by the city of Sebastian.
Someday the tax'paying residents of Sebastian will remember that they to used to Work for a living and that they
did accumulate their life savings by working for a "business". .Don't think unkindly of us who are still trying to
make a living in the o~n misunderstood world of"business". ..
In leaving the committee at this time, I wish to voice my utmost respect and professional admiration for the efforts
of Bob Massarelli and his staff The efforts of my fellow committee members for the past year and a half have
been remarkable in light of the lack of support from the majority of citizens in Sebastian. I would hope that one
persons vendetta against another does not distort the vision that we all have for the future of Sebastian. I say to
the committee .. "Don't give up, don't let the vocal minority in this town keep Sebastian from recognizing an
opportunity to move into the Ihture with a positive plan for success", I may not be able to participate, but I will
still be there to help implement whatever plans that you may get through the Council. Thanks for the
. opportunity.
Edward H. Moore Jr.
co.owner
Ferndale Lodge, Inc.
11450 Indian River Drive
Sebastian, Florida
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City of Sebastian, Florida
Subject: Appointment of one Alternate Agenda No. ~.)7. / ~" 7
Member to the Tree Advisory Board
Department Origin: Commu..nity Development
Approved for Submittal by: (RJM)
Date Submitted: July 16, 1997
~~.5~ ForAgendaof: Augustl3, 1997
Exlfibits: 1) Application ~7~'Minutes from Tree advisory Board meeting of 7/7/97
EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION
REQUIRED: None None [ REQUIRED: None
S~RY
On May 28, 1997 City Council appointed alternate member David Cox to a regular member
position, leaving the unexpired alternate member position vacant. The position was advertised to
the public and applications are being accepted until the position is filled, one application was
received.
After its interview with the applicant at their July 7, 1997 regular meeting, the Tree Advisory
Board passed a motion to recommend to the City Council to appoint applicant William Brognano
to the unexpired alternate member position to expire November, 1998 on the condition that the
City Attorney approves his residency.
The provisions of Section. 10, Resolution R-94-51, requires that the City Council interview each
applicant at a public meeting prior to voting for their selection.
RECOMMENDED ACTION
1) Interview the applicant and appoint to fill the unexpired alternate member position to
expire November, 1998.
CITY OF SEBASTIAN
TREE ADVISORY BOARD
MINUTES OF REGULAR MEETING
MONDAY, JULY 7, 1997
Acting Chron. Kilkelly called the meeting to order at 5:30 P.M.
ROLL CALL:
PRESENT:
S~l~y Ki~kelly
Martha Wininger
Sally Gore
Anne Putman (a)
UNEXCUSED ABSENCE:
Carl Fischer
David Cox
ALSO PRESENT:
Robert Massarelli, Community Development Director
Ann Brack, Recording Secretary
John Ahnada, Advisor
/a.n_ice Broda, Advisor
Chris McCarthy, Public Works Department
APPROVAL OF MINUTES:
(6/2/97)
MOTION by Putman/W~ger
I make a motion to approve the minutes of June 2.
A voice vote was taken. 4 - 0 motion carried
ANNOUNCEMENTS:
NEW BUSINESS:
None
INTERVIEW APPLICANTS FOR ALTERNATE MEMBER POSITION - TO
RECOMMEND TO CITY COUNCIL
Acting Chmn. Kilkelly introduced the members and explained the workings of the Tree Advisory.
Board to William Brognano of 144 S. Wimbrow Drive, the applicant.
The Board members and Advisors questioned Mr. Brognano and there was discussion of the
information needs of the builders in the area. There was also a question of the applicant's
residency.
Acting Chron. Kilkelly pointed out that there had not previously been a builder on this Board, and
it might be an opportunity to get more detailed information to the builders.
TREE ADVISORY BOARD
MrNUTES OF REGULAR MEETING OF JULY 7, 1997
MOTION by Gore/Wininger
I recommend to Council that we accept William Brognano's application for the alternate
position on the Tree Advisory Board on the condition that the City Attorney approves his
residency.
Roll call: Sally Gore - yes Shirley Kilkelly - yes
Martha Wininger - yes Anne Putrnan(a) - yes
The vote was 4 - 0. Motion carried.
SELECT A CHAIRMAN AND VICE-CHAiRMAN OF THE BOARD
Ms. Putraan nominated Ms, Kilkelly as Chairman, and Carl Fischer as Vice-Chairman.
Since there were no other nominations, and the members present agreed, SMrley Kilkelly was
accepted as Chairman, and Carl Fischer was accepted as Vice-Chairman.
DISCUSS COMMUNITY URBAN FOREST - JOHN ALMADA
Mr. Almada gave his presentation. There was discussion, and a tree inventory on City owned
property was mentioned.
Chris McCarthy asked what happened to the plan that the Scouts were to help with the tree
nursery. There was discussion on this. He mentioned'a Girl Scout troop and a Brownie Scout
troop who are also looking for projects. Chnm. Kilkelly gave Chris names and phone numbers of
Scout contacts.
Mr. AImada continued with his presentation. He noted some City owned parcels that would be
good sites .for parks.
Mr. Massarelli noted that the development of a plan for City owned property has been included in
next year's budget. This would include doing an inventory, identifying the current uses and current
condition, noting any limitations. He noted that many parcels are tied up with drainage and may
not be available for other uses. Other nice parcels may be available and conceptual plans should
be developed.
There was a reminder that this Board is advisory, and needs to be making recommendations to City
Council for any projects and work plans, and City Council will direct the Board.
In response to a question from Ms. Broda, Mr. Massarelli responded that further work on the land
inventory should take place approximately in the Spring of 1998.
Ms. Gore asked if there was anything that the Community Development Department would like the
Tree Board to undertake.
PPLICATION TO SERVE ON CITY BOARD
BUSINESS ADDRESS:
BUSINESS TELSP O :
9. RESUME OF EDUCATION AND EXPERIENCE:
(use additional sheets if necessary or submit resume if available)
10. Voter registration no. S ~~ \
11. Are you a resident of the City? Yes V/No
12. Length of Residency
13. Do you hold a public office? Yes~ No/
14. Do you serve on a City Board at present? Yes____ No~/
15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE ------
*CODE ENFORC~-MENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING ~--~--
CAPO~ED COMMITTEE ,.., ~-
1~. What qualifications do you have to ser~e on' this boa~d~
17. What reasons do you have for wishing to serve on an advisory
board? _
? '"- 18 Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
\/
'!_j" "~ 'i. Yes __ No ~
¥,, _19. 'Would you consider serving on another Bq%rd
other
than
the
\'~..~,, one(s), you selected above? Yes ~
No
'~4'~_hhereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which ~ have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
sus9end or remove from office any municipal board member"for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or permanent inability ~ perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a ~elony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of an~ felony or
misdemeanor. "-.
hereby authorize the Sebastian Police Department to run an
~P~l~¢ant Signature
Sub2~r±bedmnd~sworn_~e~before me this
me or has produced ~ ~/~ as~entiflcation.
/
-' J_ll I.
Name of Notary (Printed or T~ped)
Commission No.
\ws-form~application
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City of Sebastian, Florida
Subject: Ground and Tower Lease Agreement
Between the City of Sebastian and Primeco
Personal Colmnunications
Approved for Submittal by: City Manager
Agenda No. qT. / 7f/
Department Origin: City Manager
Date Submitted - July 1, 1997
For Agenda of.' Jul,y/,, 1
997
Exhibits: (i) Primeco Personal Communications Lease Agreement
EXPENDITURE
REQUIRED: None
AMOUNT BUDGETED:
N/A
IAPPROPRIATION
REQUIRED: None
SUMMARY
Primeco Personal Communications, a company providing cellular type communications services
would like to co-locate facilities on the existing Sebastian Police Tower. Such facilities would
be attachment to the existing 125 foot high police communications tower located behind the Police
Department. Primeco's use of the tower would entail a structural addition to the tower, increasing
the overall height to 150 feet above the ground surface. Such extension would require both the
approval of the FCC and the FAA. The term of the Lease would be for an initial period of five (5)
years with an annual rent of $10,000 per year. The Lease also calls for options which would allow
Prkneco to utilize the tower for four (4) additional five (5) year extension periods. Each extension
period shall entitle the City to increase the rent by 20% for each subsequent five (5) year term.
Should the Lease be continued beyond the option period, the term would be from year to year with
d.e ability of the City to increase the annual rent by 4% per year.
The concept of co-location is an extremely desirable approach to be approved by the Council in
asmuch as, it lessens tower proliferation. Secondly, this provides the City a good opportunity to
increase its revenue without additional costs to the taxpayers of the City.
RECOMMENDED ACTION
Approve the proposed Lease Agreement with Primeco PersOnal Communications and authorize the
City Manager to execute said lease.
GROUND AND TOWER LEASE AGREEMENT
$1TE lD:SebastJ, an Police T~r.-62719
( * ) PRIMECO PERSONAL C(~[fCATION~,
THIS GROUND ANO TOWER L~S~ AGREEMENT ('Lease'), is enlered
ired as of this d~y of 19 ~, by
and be~en ~ O~
A Oeluware limited paRnership ("PCS~.
In consideration o¢ the premises and of the mutual obligations and
~?eements in this Lease, the pa~les agree as ~ollows:
1. THE PROPER~
~ OWNER Is the titleholder ot t~l casein real prope~ commonly
known as 1201 ~
State gl EI~ ('OWNER's Prope~
which is described on the a~ached ~hibit "Al'. ~e padles agree that
the legal description of ~ne~s Pmpe~ may be a~ached as Exhibit
'Al" a~er execuUon ot this Lease.
B. PCS ~ereby desires to lease a potion of OWNER's Prope~, and a
ce~ain po~ton ot the tower (~owe~ located on OWNER's Prope~y,
t~gelher with obtaining a d.g~t o~ access and a right to install utilities (the
'Prope~. ~e Prope~y which is the subject og th s Lease is contained
~i{~ OWNEr'S P~pe~, }S 8pp~xJ~8,ely,, ~ (~)square
~ ~--~ '~ [ ~ ) f~ parcel of land. and is ~ualed substantially
as shown on the a~ached ~htbit
the Tower, its location ~d odenta~on are set fo~ on Exhib~ "Aa" aBached
hereto. In addition, PCS shell have the dght to ~n cables and wires
under, over and across OWNER*s Pmpe~ to conn~ PCS's equipment
on the Tower to its equipment in Its facili~ I~ated on the Prope~. PCS
may park its vehicles On OWNER*s Pmpe~ when PCS is constru~ing,
remo~ng, replscing. ~n~or se~icing its communica~ons tacitly.
C. OWNER and PCS hereby agree that the Prope~ (including an
access right.t-way thereto b~ excluding the space on the Tower) may
be su~eyed by a licensed su~eyor al ~e sole cost o~ PCS, and suc~
su~ey sAall then replace ~hibtt "~" and become ~ pa~ hereof and
shall comrol iD descdbe the Pmpe~y In the event ot a~ discrepancy
baleen su~ su~ey and ihe description cont~n~
a~ove.
2. L~SE AND EASEM~T
OWNER leases the Pmpe~ to PCS and gmn~s to PCS a non-exclusive
easement (dudng the te~ ot ~is Lease) to acces~ the Prope~ (seven
[7] days a week. ~en~-four [24] hours a day) and to install, remove,
replace, and maintain utlil~ cables, conduit~ and pipes [rom the Prope~
to the appropriate, in the discretion of PCS. source of electnc and
telephone lacilittes.
3. TERM AND RENT
A. This Lease s~all be for an initial ie~ ot ~ve (5) yearn be~innlng
('Commencement Dam~
an Annual Rent o( ~ Oolla~ ($ ~0 ,~, which rent shall
0e pai~ annually, in advance, beginning on the Commencemem Dam
aha an eac~ anniversa~ ther~f (pa~tal yearn prorated) to OWNER or
as OWNER may mhe~ise direct imm time to Ume
~hi~ (30) days before any rent payment date. Notwithstanding ~he
preceding, the pa~ies agree that, pd0r to and umil the lirst day ot the
momh tollcwing commencement o~ installation ot the PCS equipment on
(ne Prape~, the Annual Rent sh~l only be Dollars
B. PCS is granted options to extend this Lease on the same terms
and conditions for Iour (4) additional live (5) year extension period(s)
alter the original term expires. This Lease shall automatically be exmnded
tot the next extension period at the end gl the then-current term unless
PCS gives OWNER wdtten notice of its desire to terminate this Lease
before the end of the then-current term.
C. The Annual Rent for each extension pedod shall be the Annual
Rent in etlect for the linal year o( the prior term or extorts on penod, as
the case may be, Increased by'lL~Te~.'~y~ percent ( ~ %).
D. Should this Lease still be in el/ecl at me conclusion gl all of the
extension pedods provided for herein, this Le~sa shall c~ntinue in e~fect
upon the same terms and conditions [other than Annual Rent whic~ shall be
an amount equal to the AnnuaJ Rent In el'fact for the pdor one (1) year
perlod, increased by f~OIZE' pement ( 4 %)] for a furmer period
gl one (1) year, and for like annu~d periods thereafter, until and unless
terminated by either party by giving to the other written notice of its intenUon
to so terminate at least ninety (90) days before the date this Lease expires.
4. USE OF THE PROPERTY
A. PCS may use the Property lot any lawful purpose, including,
without limitation, to construct, remove, replace, maintain, secure and
operate a communications facility, including, without limitation, required
PCS antenna array (as such a~na army may be modified, added to,
Or substituted from lime to ttme/,a~d antenna support structures, and for
any other uses incidental thereto. Each such antenna or antenna support
structure may be conligured as requested by PCS from time to time,
provided PCS obtains, pursuant to Paragraph 4.B., all permits and
approvals required by applicable Jurisdictions for such requested
configuration. OWNER shall have the right tO approve plans lot any
improvements installed by PCS on the Property, which approval shall
not be unreasonably withheld or delayed, improvement of the Property
to meet PCS's needs shall be at PCS's sole expense, and PCS shall
maintain such improvements to the Property in a reasonable condition
throughout the term. (.) .ge.t. te_r~.Q~sr
B. OWNER acknowledges that PCS's abiUty to use the Property for
its intended purposes is contingent upon PCS's obtaining and maintaining,
both belore and attar the Commencement Date, all of the certificates,
permits, licenses and other approvals (collectively, 'Governmental
Approvals'} Ihat may be required by any federal, state or local authority
for the foregoing uses and Improvements to the Property desired by PCS.
OWNER shall cooperate With PCS ip PCS's efforts to obtain such
Governmental Approvals and shall take no action that would adversely
affect PCS's obtainlng'.or maintaining such Governmental Approvals.
5. TERMINATION
If any of the following occurs, PCS shall have the .right tO immediately
terminate this Lease by giving written notice to OWNER of such
terminal jori'_
A. PCS determines, in Its sole discretion, that tt will be unable
obtain all necessary Governmental Approvals Jot PCS's intended use
and improvements to the Property desired by PCS; or
B. PCS's applicallon for any Governmental Approvals necessary
PCS's use o¢ the Property and improvements desired by PCS is Denied; or
C. any Governmental Approvals necessary ~'or PCS's use of the '
Property an(t/Or improvements to the Property, whether now or hereafter .
desired by PCS. are canceled, expired, lapsed or are otherwise withdrawn,
[erminaled or denied so that PCS, in its reasonable judgment deten'nines
tt~at it will nO longer be able to use the Property for PCS's intended use; or
O, the Federal Communications Commission allocates [he
($ ~i~ich rent shall be paid in the manner described above'.
frequencies at which PCS may operate its antennas and eClulpmem and
Page I GROUND AND TOWER LEASE AGREE,WE/VT-
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~ may Iron Iime to time change such trequencies. Any change et Ibis
nature croat, in PCS's reasonable judgment, rencle~ its operation of
wireless communication5 ~aciJi~ et t~e Prc~e~ o08ote[e; or
E. it PCS de:ermines :~a[ t~e Prope~ h~ become unsu~taOle tot
PCS's opeta[ions due to changes in system or ne~o~ design or in the
~e= et aqua,men: u~ed in suc~ o0e~ttons o~ PC~'s opera:ion~ ~t
Prope~ become ~nproflta~ie.
Any ~e~ina[ion notice ren0e~ed by PC~ pumuant :o ~is P~tagrap~
cause ~ L~ase ~o expire wit~ ~e same terra and effect ~= t~oug~
~ate se: to~ in ~uc~ n~tica were :~e date originally se( as :~e expiation
~a[e et :~ Lease en~ :~e pa~les shall make an approp~a:e a01ustmen(.
as et such :e~inetJon ~ate, wi~ respe~ to payments 0ua ~o ~e
u~er :~is Lease.
6. A~SIGNMENT AND SUBL~NG
A. Ezcep[ ~o · 'P~ner Company.' 'Affiliate.' 'Su~idJa~' or a
Su~sidia~ or A~lla[e of a Pa,ne~ Company of ~C~ (~ ~ettned below).
PCS s~all not assign this Lea~e. o~ allow it to be assignS, in w~ole et
pan. ~y operation of law or ot~e~ise o~ mortgage or pleO~e ~e s~e.
~u~le( t~e Prope~. or ~y pa~ ~er~?. wi~o~ ~e pdo~ wn~en con~en(
et OWNER ~uc~ conse~ no: to ~e unre~onably wi~ael~ et deley~.
OWNER's co~en: to an a~ignment et su~le~e s~l be deemed given
if OWNER does not respond ~ PCS's request wi~in ~i~ (~0) days
after OWNER'~ recei~( of suc~ tequesL
8. NYNEX, 8ell Atlantic. AitTou~ Communi~[tons and U.S. West
a~e e~c~ a Pa~ner Company. ~ Affillate et ~ enti~ is ~y co~om~on
ti~ne percen[ (51%) et more et the st~k of whic~ is ownS, direly or
indirectly, by such enfl~. A Su~lOla~ et an enti~ is any
ei~n~ percent (80%) or more of w~ic~ is own~ by such and~.
C. NO consent by OWNER to any assignment o~ sublease by PC8
s~all relieve PCS et any obltga~on to be parleyed by PCS under this
Lease. w~e(~er ~dsing before o~ a~e~ ~e ~Jgnmen: o~ sublease. ~e
consen[ by OWNER to any ~sig~e~ or sublease snell not relieve
~mm the obligation to obtain OWNER's express w~,en co~ent to ~y
o~er assignmen~ or sublease.
O. Any sale o~ o(~e~ :~nster. ~cludlng by consolidation, merger or
~eorganization. et a ma~on~ et ~e vo:ing stoc~ of PCS. if PCS i~
corpora:ion, or any sale o~ o(her t~nsfer et a majon~ in in:e[est (whether
et ~m~i[s. losses, capital or voting powerJ o~ ~ majod~ et :he pemons
c~m0osing t~e managers et t~e ~ne~s~ip. it PC~ is ~ pa~nership.
snail no[ ~e an assignment ~or ~u~o~es o~ I~is Patagrap~ ~.
7. FIRE OR OTHER CASUAL~
A. It t~e Tower. or access to ~, W ~mag~ or dest~e~ by a c~ua~
cover~ by ~e insurance ~uir~ to be ~rd~ ~y OWNER. [~en OWNE~
shall promptly commence apprcp~a(e rep,s (to be 0illgen~ p~secuted
to comp~ entirely at OWNER's expense),.an~ this Lease $~atl
continue in tull terra and e~e~. If, ~wever. ~e Tower is ~amag~ to ~e
extent et more than one-halt (1~) of its replacement cost, or ~o any
substantial extent by a c~ua~ not so cover~ by i~umnce, OWNER
shall deliver wdEen notice to PCS. within ~enw (20) ~ays ~er the
casualS, of OWNER's el~en (a) not to raper, r~tore an~or
t~e Tower but to ~esiGnate a site on which PCS may relocate in
accotoance with Paragraph 7. C. below, or (b) ~o repair, restore an~or
r~onstmct the Tower. If. ~ a result et any such casualS, the Pmpe~
~omes totally or pa~ially unusable by PCS, rent s~aJl adore during (he
pen~ et repair in the same propo~lon to the tote rent as ~he po~lon of
~he Prope~ renOered unusable bears to ~Ae entire Prope~.
B. If OWNER (a) unde~akes the repair, restoration 3nd/or
rec~nstmmiQn ot the Tower or et ~y access thereto Out tails [o
such repair, restoration, anWor reconstmmien within fo.-tire (45) ~ays
a~er me casualW, or (b) notifies PCS et OWNER's intention no~ to repair,
~estote anWor reconstruct ~he Tower, or (c) tails ~o deliver to PCS [Ae
w~nen notice required under Paragraph 7.A. within ~enw (20) ~ays,
men PCS may immeOiateiy cancel this Lease by giving wn~en notice
its election (o cancel to OWNER.
C. OWNER agrees that (ti reasonaDly require~) dunng ~ny
et repair, restoration or ~ec~nstructiOn (or tot ~e balance et t~e lease
term it OWNER ele~s not to rep~ur ~e Tower). PCS may use an~or
construct upon an alternative 13or(ion ot OWNER's Property which is
equally suitable tot PC$'s purposes, provided suc.~ space is ~vaila~le.
~e exac~ site ~o w~i~ PC~ may rel~e will be dete~in~ by OWNER.
and it may be upon ~ po~ion of O~ER's Prope~ (or ot~er
owne~ or controlled by OWNER). pro~ed t~at PC~ reasonaDiy appr~es
the site as equally suitaOle ~Or PC~'S intended uses. OWNER w~ll
designate ~ :empo~ site to w~Jch P~ may relate within 24 houm
[~e casualS, and it ~11 designate a pe~anen: site to w~ic~ PCS may
relocate in any nodce to PCS t~at ~ does net inten~ to repair, restore
an~or reconstruct ~e Tower.
8. INoEMNI~cA~ON AND
~ Subje~ to S~pamgmp~ 8.~. PCS ~emby agree~ :o i~emm
~a h~l~ OWNER h~le~ ~m ~d ~l ~y ~ ~1 d~ms et li~iii~
¢o¢ pemonal in~u~ or pmpe~ d~age ~ ~e ~ent ~t ~ey r~uR
anse o~ of ti) ~e ~ or o~ et ~. ~ age~ ~d ~pioy~ in.
or ~o~ ~e Tower. i~g ~e Pm~. excepang ~ever. s~
or d~ages ~ may be due to or ~ sole~ by ~e ~ or om~ et
OWNER. i~ employ~ or age~. ~o¢ (~) PCS's brea~ et ~ te~ or
condition et ~s ~e ~ P~'s p~ tO be o~em~ or pedo~
a. Subj~ to S~g~h 8.E.. OWNER hereW ~re~ to inde~
~d hold PC~ ~]~ from ~d ag~ ~y ~d ~1 ct~ el l~il~ for
pemon~ fnju~ o~ pm~ d~age to ~e e~ent ~a~ ~ey ms~
adse o~ of (I) ~e e~ or omi~io~ ef OWNER. ~ ~en~ ~d employees
in. on o~ ~o~ ~e T~er, in~uding ~ Pmpe~. excepting, h~ever, suc~
clams e~ d~agea ~ may be due to er ~ sole~ by ~e a~s et PCS.
its employees or egems. ~or ~i) OWNER's b~each o~ a~
cen,ken et ~is Le~e on OWNER's p~ to be o~se~ed or pedo~.
C. PC~ s~a]l pro,de OWNER w~ a ce~flcate o~ Insurance. J~ue~
by an insurance comply licensed to do business in the state in w~cn
the Tower is Ioc~ted i~icafing ~a~ PCS ca,es comprehensive gene~t
liabili~ insurance with IJmi~ el llabil~'~ere~der of no[ less
million combined single limit fe~ bodily inju~ ~or pmpe~ damage
tege~e~ wff~ an endomamen[ ~or contmmu~ li~iti~. Suc~
shall n~e OWNER ~ ~ addffJon~ insured wffh respect to ~e
PCS will provide OWNER with · renewal ce~iflcate within ten (10)
business days of OWNER's r~uest ~or such ce~ifica~e. Any insurance
~equi~ad to ~e pmvi~ by PCS under ~is Pamg~ph 8 may be previced
by · blanke~ insurance policy covedng ~e Pmpe~ ~d other
et PCS, provided such blanket insu~ce poti~ complies with all
o~her r~uirements et ~is Lease wffh respect (o ~he ~pe an~ amoun~
insurance required. PC~ may ~so ~1~11 its requirements under
Paragtap~ 8 {brough a program of sel~qnsurance. It PCS ele~s [o se~-
insure, [~en PCS s~l ~mis~ OWNER wi~ a la,er stating that
a sell-insurance pr~ in eff~ ~a( provides ~ot ~e same. or grea~ar.
coverage t~an requir~ et PCS ~erein.
D. OWNER sh~l provide PCS ~ e ce~ca[e of tnsu~ce, issue~
by ~ J~u~nce comply licensed to do business in ~e state in w~i~
the Tower is ioca(~ in~l~ang ~a[ ~WNER ca~es comprehensive
gene~ II~ili~ insure ~ limits of Ilabili~ ~ereunder et not
lhan $1 million combin~ single limit for b~ily inju~ ~or pmpe~
damage, togethe~ w~ an endomeme~ to~ cont~ Ilabili~. Such
insu~ce sh~il name PCS ~ ~ add~onal insu~ with respe~ to ~e
Pmpe~. In addition. OWNER will ~ 'atl-ds~ h~a~ insu~nce
(he Tower wit~ stand~ extendea coverage in an amount at le~t equal
to ~e greater o~ the ~oum requJr~ by ~y m0~gagee holding a lien cn
the Tower o~ t~e amou~ in wbic~ a prudent o~e~ in t~e same a~e~
w~ere [~e Tower is Io~t~ would m~n~n wi~ tespe~ to a similar towe~.
OWNER will provide PCS with a renewal ce~ificate within ~en (10)
business days o~ PCS's reques~ ~o~ such replicate.
E. Eac~ ~a~ insurance policy ~ed by or on ~e~alt of OWNER
insunng ~e Tower ~d each h~ard insurance petit/ carried by or cn
befall of PC~ insuring PCS's ~ntenn~ and equipmen~ Incited
a~out t~e Prepe~ s~l provide stan~a~ e~ended coverage.
w~t~ou~ limitation, revenge ~gaJnst Fosses cause~ Oy tire. Eec, suc~
policy s~all Oe wn,en so ~ to provide ~t t~e ~nsu~ance company waives
~11 ,g~s et recove~ ~y way et su~ogafion it may ~ave agains~ OWNE~
o~ PCS in connection w~h any Foss or damage cove~eO ~y suc~
The p~tes fu~e~ agree an0 hereby release eac~
(FLORIDA 10/5/'95 Rev) Page 2 GROUNO AND TOWER LE,-tSE
any claim (including a claim for negligence) which the other party may
have against such party lot loss, damage or destruction of, 0r liability for
damages to, the property of the other occurring during the term of this
Lease, as same may be exlended, and normally covered under a Ilre
insurance poticy with extended coverage. Notwithstanding anything
contained in this Lease ~o the contra,,y, the provisions of this Subparagraph
8.E. shall controh
9. UTILITIES
PCS shall be responsible directly to the serving entitles for ail utilities
required by PC$'s use of the Property, however, OWNER agrees to
cooperate with PCS in ils efforts to obtain utilities from any location
provided by the OWNER or the servicing utility. Should electdc power be
provided by OWNER. PCS will Install an electdc meter and PCS's usage
shall be read by OWNER or. at OWNER's option, by PCS, on an annual
basis and the cost Of electricity used by PCS shall be paid by PCS to
OWNER annually as a payment separate from rent and shall be computed '
al the then-current public utility rate.
10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER
A. PCS's anlennas and equipment shall remain personal to and the
property ot PCS. At the lermlnation or expiration of this Lease, PCS
shall have ire right, but not the obllgatinn to renmve its antennas and/or
equipment. It PCS elects to remove its antennas and equipment, PCS
shall repair any damage caused by such removal, and shall otherwise
surrender ~he Property at the expiration ot' Ihe term, as same may have
been extended, or earlier termination thereof, in good condition, ordinary
wear and tear, damage by fire and other casualty excepted. Any of PC$'s
equipment or other property that has not been removed from the Property
at the time ot Lease termination shall be deemed abandoned by PCS
and OWNER shall be free to dispose of same In any manner OWNER
chooses and without any liability to PCS thereior.
B. Any claims relating to Ihe condition ot the Property must be
presented by OWNER in writing to PCS within thirty (30) days alter the
termination or expiration ot this Lease or OWNER shall be deemed to
have irrevocably waived any and all such claims.
11. PCS DEFAULTS
A. The occurrence of any one or more gl the following events shall
constitute an "Event ot Detault~ hereunder by PCS:
(1) The failure by PCS to make any payment gl rent orany other
payment required to be made by PCS hereunder, as and when due, where
such failure shall continue for a period gl twenty (20) days alter written
noltca thereof is received by PCS from OWNER.
(2) The failure by PCS ID observe or perform any of
covenants or provisions ot this Lease ~o be obse~ed or performed by
PCS, other than as specified In Paragraph tl.A.(1), where such failure
shall continue for a pedod ot thirty (30) days a~ter written notice thereoi'
Is received by PCS from OWNER: provided, however, that it shall not be
deemed an Event of Default by PCS If PCS shall commence to cure
sucl~ failure within said thirty (30} day period and therealter diligently
prosecutes such cure to completion.
El. If there occurs an Event of Oelault by PCS. in addition to any
other remedies available to OWNER at law or in equity, OWNER shall
have Ihe option to lerminate Ibis Lease and all dghts of PCS hereunder(
C. II there occurs an Event of 0elault by PCS, OWNER shall not
have the nght, prior.to the termination gl this Lease by a court of competent
jurisdiction, tO re-enter the Property and/or remove persons or property
/rom the Property.
12. NOTICES
person listed below lo whom notices are sent.
Address: ~7 yamat~, Road~ 'St:al. to 600
Boca Rathe,, Florida 3~31
Telephone Number:
With a copy to: E~d ~lt P~.
Address:
Tampa, Florida 33637
At'tn: Legal Department I
Telephone Number. (..~_~)
OWNER: i~[~r .O~.. ~
Attn:
Address:
Telephone Numbec (~)
13. SALE OR TRANSFER BY OWNER
Should OWNER. at any time during the term ot this Lease, sell. lease,
transfer or othenvise convey all or any par~ gl OWNER's Propen'y to any
translecee other than PCS, then such transfer shall be under and subject
to this Lease and all of PCS's rights hereunder.
14. HAZARDOUS SUBSTANCES
A. OWNER warrants and agrees that neither OWNER nor. to
OWNER's knowledge, any third pa~ has used, generated, stored or
disposed of, or permitted the use. generation, storage or disposal of, any
Hazardous Material (as defined in Paragraph 14.B.) on, under, about or
within OWNER's Property in violation of any law or regulation. OWNER
and PCS each agree that they will not use, generate, store or dispose ot
any Hazardous Material (as defined In Paragraph 14.B.) on, under, about
er wilhin OWNER's Property in violation ot any applicable law or regulation.
B. OWNER and'PCS each agree to defend and indemni~y the other
and the other's patlnem, affiliates, agents and employees against any
and all losses, liabilities, claims and/or costs (Including reasonable
a~tomeys' fees and costs) adsfng ['rom any breach of any warranty or
agreement contained in Paragraph 14.A. As used in Paragraph 14.A..
'Hazardous Material' shall mean any substance, chemical or waste
identified as hazardous, toxic or dangerous in any applicable federal,
stale or local Jaw or regulation (Including, petroleum and asbestos).
15. CONDEMNATION
A. In the event the whole ot OWNER's Propen'y, including without
limitation the Property and Tower, shall be taken or condemned, either
temporarily or permanently, tot public purposes, or sold to a condemning
authority under threat ot condemnation lo prevent taking, then this Lease
snail forthwith automatically cease and terminate.
t~. In the event any portion ol the Property, including without limitation
the Tower. snail be taken or c=ndemned, either temporarily ar permanently.
lot ~ubllc ~urposes, or sold to a condemning aulhortty under threat gl
condemnation to prevent taking, then OWNER agrees lhat PCS may
All notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given if sent by ce~tlfied mail, return receipt
requested, addressed as totlows (or to any other mailing address w~ich
the pa~y to be notified may designate to the other party hy SUCh notice)
Or as Otherwise pravided under applicable state law. Should OWNER or
PCS have a change gl address, the other par~ shall immeaiatety be
notilied as provided in this Paragraph gl such change. Unless OWNER
otherwme specilJes in writing, rent checks from PCS shall be sent to the use and/or construct upon an alternative portion OI OWNER's Property
(*) and require PCS to reimburse all reasonable expenses inc'ur~ed in doin~ so.
(FLORIOA I ~ ~.~..~ Page 3 GROUND ANO 7-OWEFI LEASE ,.tGRE~MENT
I,.vhich is squaJly suitaPle for PC~'s pu~oses, provided sUCh space
,~vailable. The exac': site to whic~ PC~ may relocate will be datelined
~y OWNER, aha ~t may be u~on ~ny pe~lon et OWNER's Prepe~
at,er pto~e~ owned or c~n~r~llad by OWNE~). provided that
reesonaoly aOomves ;he site as equ~ly suit~le 10r PC~'~ intend~ uses.
OWNER will dem~na(e ~ s~te ~o 'N~iCh PC~ may reticule p~er to the
~akJng, condemnaU~n or Sate. In ~e even~ no alternates penien at
~WNER's Pr~pe~ fs equally suita~te tot ~e PU~O~es et PC3. ~en
L
asso ~ail fon~tn a~omadcafiy cease an~
C. OWNER s~ail receive ~e an~m condemnation awar~ ~or/and.
Tower and ~uc~ o~ner improvements a~ ate paid [or by ~WNE~. and
PC~ here~y ~x0ress~y assign~ to OWNER ~y ~d all ~g~t, Utle and
intete~ et PC~ now or homager adsing ~n ~d to ~y such a~r~.
snail have the ngnt to recover from such a~on~, b~ net ~om ~WNE~.
any ~m~ensadon as may ~e a~ to P~ on account et ~e leasehold
~n~erest. moving ~d telethon expe~e~, ~d deprecation to an~ remov~
et :he pemonai prope~ an~ ~Urea el
m~edo~, matefi~s ~mm~ oro~gmdam in~ ~ offer PC~. PC~
s~all, wi~in ~ (20) days ~o~ng ~e ~ o~ ~ su~
cause ~e ~ame to be mle~ o~ ~ pa~ent or ~ ota proper
bond. No wo~ wh~ OWNER pe~i~ PC~ to peflo~ on ~e
s~l be deem~ :o be for the use ~ benefit et OWN~ so t~a~ no
me~ani~ or o~er lien s~l be ~1~ agal~ ~e e~te et OWNER by
reason of its co~ent to suc~ ~. OWN~ ahml ~ve ~e fight to
~Uces ~at it is not res~onsible for payment for a~ suc~
m17, TAXES
~C~ s~all be Ua0/e f~r and S~all pay to ~e aopli~Ole t~Jng autnon~
0ified drec:ly to PC~, or :o OWNER i~ bfiled to OWNER. upon ~i~ (30)
~ays prior, written notice tree OWNE~, any eno all taxes and
~se~ments le~ed again~ ~ ~em~ pm~e~ or--de or other ~tures
plac~ ~ ~C~ ~n or abo~ t~e
PC~ shall pay as adoftlo~al rent any Jncre~es ~ re~ pmpe~ t~es
levi~ against OWNER'= Pmpe~, J~cl~lng t~e Tower. as a result et the
I'
~mprovemen[s constmc~ by PC~ on ~e Pmpe~. PCS will not be
responsible lot ~y incre~e~ In re~ pmpe~ t~es w~i~q are a result o~
reas=es~ment et OWNER's Pmpe~ due to any sale er transfer of
ownemhig ~her~t.
mia. QUI~ ENJOYME~ ANd NON-IN~RF~ENCE
A. OWNE~ war--ts and agrees ~ PC~. upon paying t~e rent
and Pedo~ing ~e cQven~ts heroin p~ided. =~all peaceaoly and quiefiy
m~ave ~d an(dy ~e Pmpe~.
8. OWNER hereby g~ to PC~. ~ a pdm~ ~ament to
anteing i~o ~is ~a, ~e fl~ p~o~ dg~ to ~s~l i~ ~e~ and
o0e~te i~ ~rele~ ~mmuntcadona ~a~ at ~e T~er. From Urea [o
~me OWNER may g~t to o~er en~ ~e dg~t ~o ope~e
~omm~den~ fa~llUea at ~e T~et ~or ~e dg~ to I~all antenn~
:n co~on ~ ~e ope~Uon at aU~ la--flUes or o~er communica~on$
~ac:fiUes: ~m~d~, h~ever ~at OWNER sh~l not allow ~e ooe~tlon et
~uc~ taciliUe~ an~ ~tenna~ by a~ertenan~ to i~e~ere ~t
' ' y ~eno~. l[ ~y su~ intolerance ~cu~.
3WNE~ agrees :o eliminate or cause ~e eilminaUon o{ ~uc~ ln{e~erence
d~ PC~'S coe~c~ w~thfn a mas~ie ~me a~e~ ~ei~t ot P~'s nedca
~ ~uc~ {ntederenca enO, i~ n~es~a~, to cause the {ntedenng aa~ go
cease J{s o0e~Uons. If =uGq intederenca continues for m~re than
addillons or improvements to the Tower that might interfere wilh.
c',,'t~ff or len~inate access to or use by PC~ o~ the Prope~ suspend.
or PCS's
antennas or equipment could cause J~CoflvenJeHce. JxDena8 ana
economic loss to PC~. ~erelore, OWNE~ agrees (ii to u~e it= best
edens ~o minimize ~ucfl inconvenience. Po~ible loss or ~xpense to PCS
by. among olher things, not s~eCutlng any dj ~e foregoing acMons,
using [~s best eflo~ not :o ~e or pe~it ~y Jnte~puon or ~nteCere
4:00 p,m. to.7:00 p.m. on any weekda% an~ 0ii te give PC~ noUca
rep~m, alte~Uo~s, aduItlo~ or impmveme~s to be ma~e ~ respect
[o the maintenance ~d ope~Uon of ~e T~wer a~d ~e Prope~
a~ pla~ =~ do~ ~s~(~ with ~e T~er for =Gfl~ule~ or m~ne
mainten~c~ that might =~etsely a~e~ the Ope~tlon et PC~'= wireless
communications tacill~, amebas or equipment.
g. OWNER =~ ~t pe~it ~ pe~n. i~udng ~o~ limitation
. any con{m=or, employee, agent, tenant, or invites, to wer~ within a
~ner to su~ ~. OWNER agrees :o g~e to PC~ re~o~ele
wn~en ~ (~cept in ~e ~e of ~e~ where a~e ~en
c~net te~on~N be g~en, ~ w~c~ evem. OWNER $~l g~e PC~
or Imp~ to be ~de ~ ~p~ ~ ~e m~t~e ~d opem~on
20. UGH~NG OF AN~NNA$
Q~ER hereby agrees ~at, J~ b~e et PCS'= opemd=~ ~ ~e Pmpe~
any taws or mgulatle~ of ~e Fede~ A~a~on Administ~tlon. Fede~
Communica~o~ ~mmi~ion or a~ o~er mlev~ g~emmental agent/
or b~ require or recommend ~at PC~'= ~tennas an~or ~e T~er be lit
an~or ma~ed, F~ may f~a~ ~d ma~tain suc~ Ilg~ng and ma~s.
In no event, however, s~afi P~ ~e responsible for ~e i~laUon or
maintenance of any Ilg~ng or ma~ing= teq~ted by ~e
OWNER or ~ o~er tenant in ~e Tower. OWNER ~II pe~it P~ access
to all pe~o~ ot ~e Tower ~at P~ may need In o~er :o ~X and
replace su~ mq~r~ or rec=mme~ed Ilgh~ng or marking.
OWNER ~ PC~ represent to ea~ o~er ~at ~ey have not negodated
with any real estate bm~er in ~e~on 'Mth this Lease. OWNER and
PCS agree ~at should ~ ~im be made ag~nst the o~er ~or a real
estate ~roke~s commission, ~ndefl lee or ~e like by reason o~ the a~s of
such pa~. ~e pa~ upon whose acts suc~ claim is pte~l~ed shall
~n~emni~ and hold the o~er p~ free ~d ha~te~s Imm afl )~ee.
damages, d~ms. ~iU~ and ~e~e= ~ ~lon ~e~
b~ not limited to. reasonable lag~ ~eem} ~d =~all delend su~ a~on by
leg~ c~unsel re~onably acceptable to ~e indem~fled o~er
22. ESTOPPEL
~ OWNER, at ~e request o~ PC~, s~all provide PC~ with a
ce~Jfl~te smUng: (1) whaler O~E~h~ ~y ~aim ag~nst
I~ so. =taUng ~e nature of'such claim; (2) ~at OWNER r~ognize=
dg~t to PCS's ~tenn~. ~uipment a~ o~er pmpe~; (3) ~at PC3 has
· e dg~t to remove P~'S ~pme~ ~d ~et pm~e~ f~m' ~e
n~dh~andlng ~at =~e may be considered a ~=ure under local law;
aha (4) that OWNER has no interest in ~d disclaims any interest
PCS'~ equipment and o~her
5. PCS. a{ the request of OWNER, s~atl provide OWNER ,Nilh a
ceni~cate staling: (1) [ha{ ~i= Lease is unmodified and In lull force
s~e~ (or, i~ there has been any m~J~cafion, [hat t~e same is
and eEect a= modfled and slaking the moqi~caUon); (2) whaler o~ not,
~o PC~'s knowteOge, t~ere are [~en exJ={lng any se(~s, o~ delenses
again~{ (he enfo~ement el any o~ the agreements, ~e~s. c=venanl=
nco. conci/lons hereof upon lhe part of PC,~ lo be performed or c=rnplled wilh
~CCa~ (and,
rent r~a,~ been paid in advance.
m oenaken or permitted ~y OWNER in making repairs, alters[
8. This Lease. inctuding attached exhibits whicl3 ate hereby
incorporated by reference, incorporates all agreements and
understandings between OWNER and PCS, and no verbal agreements
or understancings shall be binding upon either OWNER or PCS, and any
addiUon, variation or modification to this Leaee shall be indirect, ire unless
made in writing and signed by Ule ponies.
C, OWNER agrees that C)WNER's Property (including, without
limitation, the Tower), and ail Improvemenls comply and during the (arm
bt this Lease shall continue to compty with al building, Ifa/safety, disability
and other laws. codes and regulatlot,~ dj any applicable governmental Or
quaei'-govemmental authonb/. All such compliance shall be accomplished
at OWNER's sole cost and expense. E~capt for improvements made by
PCS, Owner at its sole cost shall maintain in goad condition and repair.
the TOwer and other improvements upon which the Property is located.
{~. This Lease and the per/on'nonce hereof shall be governed.
interpreted, construed and regulated by the laws of the State of
E. This Lease, and each and every covenant and condiUon herein.
ia Intended to benefit the Property and shall extend to and bind the helm.
personal ceprasentafives, suo=e~som and as.signs bi the parties.
F. The-parties agree tl~at all of the provisions hereof shall be
conslrued as both covenants and condiUons, the same as if the
importing such covenants and conditions had been used in each separate
paragraph.
G. The parties acknowledge ~at each has had an opportunity lo
review and negotiate this Lease and have executed this Lease only alter
suctt review and negotiation. The language of each part of this Lease
shall be construed simply and according to ils fair meaning, and this
Lease shall nDt be construed more strictly in favor or against either party.
H. At OWNER's option, this Lease stroll be subordinate to any
mortgage by OWNER which irom time Id Ume may encumber all or any
part et the Property, provided that every such mortgagee shall recognize
(in wriUng and in a form acceptable to PCS's counsel) the vaildlty ol this
Lease in the event of a Iorectosure'ot OWNER*s interest and also
dght tO remain in occupancy and have acoesa to the Propert~ as long as
PCS is not in default of this Lease. PCS shall execute whatever
instruments may reasonably be required to evidence this subomlnaflon.
U. as of the date of execution of this Lease, there is any deed of b'ust.
ground lease or other similar encumbrance affecting OWNER's Property,
OWNER agrees to use its best efforts in cooperating with PCS to obtain
from the holder Of such encumbrance an agreement that PCS shall not
be disturbed in its possession, use and enjoyment of the Property.
I. If OWNER breaches this Lease in any manner or subsiantlaily
breaches any material term contained in any mortgage or deed of trust
superior to PCS's estate under this Lease (other than any mortgage or
deed of trust tot which PCS has obtained a noR-disturbance agreement
in accordance with Paragraph 23.H.) or conts/ned in any lease un'der
which OWNER holds title to any portion bt OWNER's Property, and
OWNER tails to commence to cure such breach wilh/n thir'~ (:30) days
attar receiving a wdtten notice from PCS exactly specifying the violation
(or if OWNER lails thereafter to dlllgendy prosecute the cure (o
completionl, then PCS may enforce each of ils rights and remedies under
(his Lease or provided by law or it may (ailhougfl it shall not be obligated
to do so) cure OWNER's breach or perform OWNER's obligations (on
OWNER*s behalf and at OWNER's expense) and require the OWNER (o
reimburse (or otlset against rent) ail reasonable expenses incurred in
doing so ,..~. ~,.;~,~; ~;,~,. :,.,. j
............... ' ": .... ~ ...... ~ t .... I r"; .......
J. If any portion of this Lease is declared by a court of competent
jurisdiction to be invalid or unenlorceable, then such portion shall be
deemed mo(Sifted to Ihe extent necessary in such court"s opinion to render
such portion enforceable and. as so modified, such portion and the
balance ot this Lease snaU continue in lull force and effect.
K. If either party institutes any ac:Ion or proceeding in court Id enforce
any provision hereof, ar any action/Or damages Ior any alleged breach
af any provision hereof, :hen the prevading party in such ac:ion or
procee~dtled to receive Ir0m the non-prevailing pony such
amount as lhe court may adludge to be reasonable attorneys' lees ;'or
Ihe services rendered to the prevailing part7, together with its other
reasonable litigation expenses.
L In addition tO (he Other remedied provided for in this Lease. OWNER I
and PCS shall be entitled to immediate restraint by injunction of any violation
of any bi the covenants, conditions Or provisions at this Lease.
M. The captions bt the paragraphs of this Lease are tofconventence m
bt reference only and shall not affect the interpretation ot this Lease.
N. Concurrently with the execution of (his Lease, OWNER shal:l
execute before a notary and deliver to PCS tOT recorqing ~, 'Memorandum
bt Lease Agreement' Jn the lore bt the attached Exhibit '8". Such I
Memorandum shall not dlsctose any Ilnancial terms, unless required to
do so by the laws ot suc~ jurisdiction.
iN WITNESS WHEREOF, OWNER and PCS have duly executed this
Lease as of the clay and year first above written. :m
PCS: ~31il~LP.. a Delaware limited partnership
By:
Name: Roberb Ke_lLtgea
its: ~C~1 D:l_cecl:o~
Wi~esses:
(~)
(PRINT NAM& SIGNED ASQV'E)
OWN~a: ~ OF ~
By:~
Name:
(PRINT NAME SIGNED AaovE)
Its:
S.S.;Tax No.:
Wi~esses:
(PRINT NAME SIGNED AeovE'*)
ay:
Name:
Its:
$. S,.,3'ax NO.:
Witnesses:
(PRINT NAME SIGNED ABOVE)
(PRINT NA~%4E
(PRINT NAME SIGNED ~I)CvE)
P~ge $ G~(~UNO AND 7'O[,VE,~ LEASE 4G~EE,LIEAIT
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THiS INSTRU/~,IENT PREPARED
EXHIBIT "B"
SHORT FORM LEASE
THIS SHORT' FORM LEASE. made and entered Into as ot this
("PCS") whose address is
I. OWNER. on ihs lerms and conditions set (ort~ in an unrecorded document dated
day of
19~. by and between
- ~ ('OWNER") whose addre.~s is
a 0elaware llmiled
i OWN:
CT'Z'Ir OF ~
Name:
, j Ig~ and endued 'Ground and Tower Lease
Agreement" which terms arid concllUons are Incorporated herein by re(atonce, and In conslderador~ Gl the rent :~nd covenam.J Iherein prov]ded, doe':
hereby lease to PCS, and PCS hereby rents an~ acce~ts from OWNER, certain teal pto~erty ('Property") located ;it
, County o( Slate
wilhin ~he property ot OWNER which is described in E..xhiblt 'Al' attached hereto and Incorporated hereby by this
('OWNE,::I'S Property'}. together wilh a non-~xciusive easement lo access the Property and to install :'nd maintain utllllles, lot an JniJlal term ot
~ ( ~ ) years commencing on which term may be extenaed by PCS for (
additional ( .----_. ) year pedod(~) subject to the conclillons of Paragraph 3.B al the Ground and Tower Lease Agreement.
2. PurSuant lo Ihs Ground and Tower Lease Agreement. among Giber things. OWNER shall not Cause or permit any use Gl the OWNER's Procemt'
whicrl intederes with or impairs the quality ot the communications services being rendered by PCS (rom Ihs Property.
IN WITNESS WHEREOF. OWNER and PCS have duly executed this ~hort Form L~aae as Gl the day and year ~imt Ibcva ',vrilten.
PC~(~Ji~alJ~ Lp., a 0elaware Ilmiled partnership
Address.-
i(1) (=) ....
Ac~Clress:
IName;
(PRINT' HA~E SIGHED ~eOVE)
iAS ilS:
Name:
:P~INT aA~E SIGaEO .*eOve-"l '
Address:
(PRINT NAME SIGNED A8OVE)
Signed ln tile Presence ol ¢wo wilne$$e$:
SIGNED Ae~v E')
{PfliN 1' ,~AME SIGNEO ,*8OVEI
OWI',IE~.~ lbll rIALS
(FLOt~/~.4 9/~.T/95) PCS t/HiTiALc`
EXHIBIT "B"
NOTARIES -- SHORT FORM LEASE
STATE OF
·. COUNTY OF
The foregoing instrument wa~ ac~owledged before me this ,,,
who is personally known to ma Or has produced
· day st
My commission expires.'
Notary Public -- Slate of Flodda
(Printed. Typed or Slarnped Name of Notary)
Commission Numbe~
~, 19.._.__. by
as IdenUt]catlono
STATE OF
COUNTY OF
The t'oregoing instrument was acknowledged before me this day cf
ot
corporation, on behalf of the corporation. He/She is personally known lO me or has p~ducad
(CF~C~L ~;ARY SIGNA~R~
Nota~ Public -- State Of Florida
My commission expires:
as idenUl{catlon.
(Printed. Typed or Stamped Name of NotaryJ
Commission Numt~er.
STATE OF
COUNTY OF
The toregoing inslrumsnt wa~ acknowledged before me this
partner (o¢ agent) on behalt st
ha.- produced as identification.
My Commission expires:
day of
(OFF'lC/AL HO TARY
Notary Public ~ Stale ol Ffodda
19~ by~
a pannership. He/She is personally known to me or
(Printed. Typed or Stamped Name o~' Notary)
Commission Number:
OWNER INI rIALS
PCS h", I'IAL S
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ATTACHMENT I
CONSENT TO PERFORM ACQUISITION ASSESSMENT
The undersigned, as owner of the Site, Property, Premises of Easement, or as
authorized agent or representative of the owner ("Owner"), does hereby grant
permission to PrimeCo Personal Communications, L.P. and its subsidiaries, their
employees, agents, consultants and representatives '(herein individually and/or
collectively referred to as "PRIMECO"), to enter the Site, Property, Premises or
Easement, and contiguous property or properties owned or controlled by the Owner,
known as:
This Permission is granted for the purpose of performing an Acquisition Assessment,
which may include the preparation of an FCC "Environmental Assessment" (EA) as
defined by the FCC's rules (see 47 C.F.R. §§1.1301-1.1319).
Due to the type of work to be performed, the Owner hereby agrees to indemnify and
hold harmless PRIMECO from penalties, legal actions or suits from regulatory or third
party sources, arising from or related to any existing hazardous waste releases or the
presence of hazardous materials associated with or related to the Site, Property,
Premise or Easement.
By: Date:
Signature
Name
Title
Company
Page 2 of 2 '
ADDENDUM TO GROUND AND TOWER LEASE AGREEMENT
Addendum to Ground and Tower Lease Agreement made and entered into the
.. , 1997 by and CiTY OF SEBASTIAN ("Owner") and
PERSONAL COMMUNICATIONS, L.P., a Delaware limited partnership ("PCS").
day of
PRIMECO
WHEREAS, Owner and PCS wish to incorporate the following terms and conditions into
the Ground and Tower Lease Agreement and in the event of a conflict between the provisions
of this Addendum and those of the Lease, this Addendum shall control.
Continqencies: The parties acknowledge and understand that Owner owns a One
hundred twenty-five foot (125') self-support Tower on the Leased Property. This Agreement
and the obligations of the parties hereunder are contingent upon PCS obtaining, at its sole
cost, any necessary permit, approval or consent, including FAA approval, to enable PCS to
extend the Tower to a height of one hundred fifty feet (150') AGL in accordance with any
specifications required to accommodate PCS's Equipment, all as contemplated under this
Agreement. PCS acknowledges and agrees that if PCS fails to obtain any required permit
or approval for any reason whatsoever, this Agreement shall terminate and both parties
shall be released from all further obligations hereunder, except for those obligations which
expressly survive expiration or termination of this Agreement. PCS shall not take any action
whatsoever with respect to the Permit without Owner's prior written consent.
Plans and Specifications for Structural Enhancement: PCS shall submit to Owner all
plans and specifications for structurally enhancing the Tower, the names, addresses and
resumes of all architects, engineers, contractors and other workman in any way involved in
the structural enhancement of the Tower, and a structural analysis providing that the Tower,
as structurally enhanced, will accommodate all.equipment located on the Tower, including,
without limitation, Owner's Equipment, and PCS's Equipment, all of which shall be approved
in writing by Owner and such approval shall not be unreasonably withheld or delayed. PCS
shall pay all costs associated with structurally enhancing the Tower including, without
limitation, all material costs, all architectural, engineering and contracting fees, all
certificates, permits, license and approval fees, and all costs incurred by Owner to review
the plans and specifications and to monitor the structural enforcement of the Tower.
Approved Uses: PCS's installatio~ of PCS's Equipment on the Tower and the Leased
Property shall be limited to the antennas and other equipme[qt and frequencies approved
and agreed upon in advance by Owner. Further, PCS's structural enhancement to the
Tower, if any, shall be limited to the structural enhancements shown on the plans and
specifications approved by Owner in writing. Owner makes no representation as to the
suitability or lawfulness of PCS's use or occupancy of the Tower or Leased Property or
structural enhancement of the Tower.
Ownership of Structural Enhancement: Upon completion of and payment by PCS for
the structural enhancement to the Tower, such structure enhancement shall become the
property of Owner.
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Page 2 of 2
Interference: PCS shall not allow the operation of its equipment to interfere with Owner's
operation of its equipment as it exists at the time of PCS' installation, including the 800 MHZ
equipment scheduled for installation within six (6) months of this lease.
IN WITNESS WHEREOF, the parties hereto have signed, sealed and delivered this
Addendum to Ground and Tower Lease Agreement as of the date and year first written above.
WITNESSES:
OWNER: CITY OF SEBASTIAN
Print Name:
Print Name:
By:
Print Name:
its:
Date executed:
WITNESSES:
PCS: PRIMECO PERSONALCOMMUNICATIONS,
L.P., a Delaware limite partnership
Print Name:
Print Name:
By:
Robert Keltgen, Technical Director
Date executed:
97.001
97.018
97.026
97.051
97.054
97.060
97.066
97.071
PENDING LIST
(Incomplete Council Agenda Items as of 7/AdY/97)
t997
Review City Board Appointment Procedures and Direct City Attomey Accordingly - 1/8/97
Agenda - City Attorney to dra~ ordinance for another workshop - 6/24/97 workshop - Mr.
Taracka requested residents only - 7/9/97 workshop - reviewed - Ci_ty Attorney to draft
Ordinance O-97-09 - Amending the LDC Re: Procedures Re: Regulation Of Obstructions
To Visibility - 1/15/97 workshop - further review - 3/26/97 workshop - to be reviewed
fimher and revised by new PW Director
Ordinance O-97-17 - Amending the LDC Relating To Procedures For Site Plan Procedures -
1/15/97 workshop - to come back for first reading - 4/9/97 agenda - deferred for Attorney
review - 6/11/97 agenda :. First Reading, Set Second Reading, Public Hearing and Final
Hearing for 7/9/97 - revisions made and referred to 6/18/97 workshop - first reading
6/25/97 - time ran out - carried to 7/9/97 - amended and approved on Ist reading - ph set for
8/13/97
Discuss Park Use Policy - 1/22/97 workshop - City Attorney to draft ordinance for another
workshop - 5/28/97 discussion City Manager distributed drat~ recently - workshop asap
Resolution No. R-97-05 - Falcon Cable Franchise Extension to March 19, 1997 (see
96.151) - 1/22/97 agenda - adopted - expiration 3/19/97 - City Manager distributed draf~
ordinance and guide to Telecommunications Act - Adopt Resolution No. R-97-15 - Falcon
Cable Franchise 60 Day Extension to May 17, 1997 - 3/5/97 agenda - adopted - expires
5117197 - Resolution No. R-97-29 - 5/14/97 agenda - adopted - to expire July 15 - Adopt
Resolution No. R-97-37 - Falcon Cable Franchise Extension to September 12, 1997 - 7/9/97
agenda - adopted - expires 9/12/97 - Telecommunications Ordinance - 7/16/97 workshop
agenda - discussion - Ci _ty Manager to meet with IRC on 814/97
Planning and Zoning Commission Recommendation to Request City Council to Direct City
Manager to Develop Plan of Action to Address Louisiana Avenue from Main Street to
Proposed Intersection with High Street and Palmetto Avenue - 1/22/97 agenda - deferred
until after Grace's Landing appeal heard -Citv Manager directed to add to Cagital
Improvements as unfimded need
Approve Fiscal Year 97/98 Budget Calendar - 2/12/97 agenda - approved - use this number
for 97/98 budget - ~orkshops scheduled for 7/21/97 and 7/22/97 if ~¢ded
Cavcorp Property Parking Improvements - Conceptual Site Plan - 2/12/97 agenda - staff
conceptual plan approved with minor modifications - staff to have re-engineered by CRA -
brought hack to City Council for review prior to bid - management plan to be brought back
Review Final Plans for Cavcorp Property Prepared by CRA Engineering - Determine
Council Satisfaction Prior to Submitting Plans to Planning and Zoning Commission for Site
Plan ApProval and Solicitation of Bids by Staff- 6/25/97 agenda - Engineer to do sketch
showing parking for 7/9/97 - time ran out - ~
97.080
97.090
97.097
97.112
97.116
97.118
97.128
97.141
Presentation by Ralph Hahn and Associates Re: Corrections to Police Station - Proposed
(see 96.099) - 2/26/97 agenda - Council agreed with engineer recommendation B - and
Capital Improvements Budget changed to reallocate funds in the amount of $125,000 and
correct errors - staffto bid project - bid award on 7/23/97 agend~
Bid and Contract Award for Annual Culvert Installation to C.tL McLellan of Malabar -
3/5/97 meeting - awarded - was 96.240 - Authorize City Manager to Execute Appropriate
Change Order Not to Exceed $103,046 with C.R. McClellan, Inc. for Culvert Installations as
Outlined in John Hill's 6/18/97 Memo - 6/25/97 agenda - approved - Edwards property
exempted from paying - CiD Manager to compare in-house installation cost with contractor
cost -
Review When COR (Commercial Office Residential) Zoning District is to be Considered
Residential Use - 3/26/97 Workshop Agenda - carried to 4/2/97 workshop - staff to drat~
ordinance - First Reading of Ordinance No. O-97.54 - Schedule Second Reading and Public
Hearing for July 23, 1997 - 6/25/97 agenda - time ran out - carried to 7/9/97 - approved on
1st reading - ph set for 8/13/97 .
Parking ordinance - 4/9/97 workshop - certain revisions recommended - carried to 4/23/97
workshop - 6/18/97 workshop - revisions made - to be redraf~ed and brou~t back
Police Department Purchase - Computer Voice Stress Analyzer and Training for Total of
$8,970 fi.om Drug Forfeiture Funds Account - 4/9/97 agenda - approved - CiW Manager to
lookinto funding additional traitlee
Conduct Public Hearing on Application for Special Use Permit for a Proposed Libertino
Dayeare Center - Tract E, Block 485, South Wimbrow Drive in Residential Single Family
District (RS- 10) - Consider Adoption of Resolution No. R-97-23 - 4/16/97 special meeting -
deferred to 5/7/97 special meeting - denied - Schedule Attorney/Client Meeting Re:
Libertino/Ordonez Appeal - Authorize Staff to Obtain Services of Court Reporter - 6/25/97
agenda - scheduled for 7/1/97- ??
Drainage Ditch Encroachment - Unit 1, Block 12, Lot 23, Sebastian Highlands - 4/23/97
agenda - Ci_ty Manager authorized to obtain appraisal and negotiate for vurehase of lot
Annual Review of City Attorney Contract - 5/14/97 agenda - deferred to 5/28/97 -
Manager to meet with each Council member - compile suggestions and farine back to
Council when ready
97.143
97.147
Review Proposed Ordinance No. O-97-48 - Residential Use Screening - Section 20A-
3.1 l.D.7.(c) - 5/21/97 workshop agenda - deferred for further review by recommendation Qf
Review Proposed Ordinance No. O-97-53 - Mini-Storage (96.191) - 5/21/97 workshop
agenda - to be revised and brought back for first reading - First Reading of Ordinance No.
0~97-53 - Schedule Second Reading and Public Hearing for July 23, 1997 ~ 6/25/97 agenda
- time ran out - carried to 7/9/97 - amended and approved on 1st reading - ph set for 8/13/,97
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97.152
97.159
97.166
97.167
97.174
97.175
97.176
97.177
97.179
97.180
97.182
97.183
Mayor Barnes - North County Representative to Indian River County Recreation
Appointment - 5/28/97 agenda - appointed Nancy Diamond - Kay Rogers to remain
alternate - Mayor Walter Barnes - Accept Resignation from Kay Rogers - Indian River
County Recreation Committee Alternate and Appoint New Alternate - 6/I 1/97 agenda ~
accepted with regret - leave appointment open for now - Kay Rogers plaque presentation -
7/9/97
Determine if City Council Desires to Proceed Waterfront Land Acquisition - Bird Realty
Group, Inc. - 5/28/97 agenda - council not interested - 6/24/97 workshop - ~
requested staffbe authorized to look into ~ants
Mrs. Ruth Sullivan Concern About Combined Parking Regulations - 6/I 1/97 agenda -
placed on 6/24/97 wish list workshop - to be further workshopped
St Johns River Water Management District Riverview Park Shoreline Restoration Project
Agreement Amendment - approved - Authorize Design of Proposed Observation Pier at
Riverview Park and Transfer of $7,740 from Undistributed Non-Departmental Budget -
6/25/97 agenda - approved - CiO Managerlo look into wave attenuator and piling protection
Determine Feasibility of One-Way Designation on City Streets for Traffic Calming - If
Council Concurs with Policy - Adopt Resolution No. R-97-39 - One-Way Wave Street (was
96.136) - 6/25/97 agenda - time ran out - carded to 7/9/97 - deferred to October 8, 1997 for
further review by staff
Review Pending List - 6/25/97 agenda - time ran out - carried to 7/9/97 -deferred to 7/23/97
Adopt Resolution R-9740 - Supplemental Agreement No. 2 with CRA Engineering - 7/9/97
agenda - time ran out - gilrri~[lo~/23J~
Approve the Airport Manager position job description with the modification .regarding
unicom - 7/9/97 agenda - time ran out - ¢ilrri¢~t tO 7/23/97
Approve the propsed Lease Agreement with Primeeo Personal Communications and
authorize the City Manager to execute said lease - 7/9/97 agenda - deferred to 7/23/97
Consider the request for a waiver of the perimeter setback for a proposed gasoline canopy -
7/9/97 agenda - time ran out - carried to 7/23/97
First Reading of Ordinance O-97-55 - Designate No Par'king areas by resolution - Schedule
Second Reading and Public Hearing for July 23, 1997 - 7/9/97 agenda - time ran out -
carried to 7/23/97
Quasi Judicial Procedures - 7/16/97 agenda - City__Attorney to redraR and bring back
. I
96.009
96.021
96.033
96.035
96.112
1996
Riverfront Committee (see 95.175) Membership Appointment (Vice Mayor Corum) -
1/10/96 agenda - deferred to 1/17/96 workshop - John Hill gave presentation on creation of
a master plan - Council consensus for board w/5 members - 2 alternates - City Attorney to
develop rules of procedure - Council eive names for ratification at 1/24/96 meetin~ - district
rr east to river - no. to so. city limit - 1/24/96 agenda - appoint members - City Manager
submitted five names selected by Council members and received authority to select two at
large members - on 3/13/96 agenda for final direction re: appointments - Tommy Thompson
appointed at-large member - Stanley Krulikowski appointed at-large CATF member - switch
Bennett and Moore membership affiliations - RESOLUTION NO. R-96-43 - Establish
Theme for Riverfxont - "Old Florida Fishing Village" - third revision adopted - Riverfront
Advisory Committee Progress Report 11/13/96 agenda - presented by Tom Collins - see 9.,7
catalo~e list for further action -final report will be completed 7/28/9~
RESOLUTION NO. R-96-12 - Amending Airport Field Rules Section V - Parking and
License Form - RESOLUTION NO. R-96-13 - Rescind Sebastian Aero Services Parking
Agreement - 1/24/96 agenda - postponed to 2/14/96 - City Manager to notify tenants - not
on 2/14/96 - update report at 6/26/96 meeting on pending list - City Manager to address -
1012/96 review of pending list - Ci~ Manager reportexl notices still need to eo out
ORDINANCE NO. O-96-07 - Employee Career Service System - 1st Reading, Set Public
Hearing 3/13/96 - 2/14/96 agenda - tabled to 2/28/96 at request of City Attorney - deferred
at request of City Manager at 2/28 meeting for further review - 6/16/96 City Manager report
- ordinance forthcoming 8/14/96 pending list review - City Manager said the document is
done but that he wanted staff review prior to bringing it to Council - 96~
pending list, on hold until HumanResources Director on board .....
Indian River County Recreation Department Agreement (see 95.217) - 2/14/96 agenda -
removed from agenda for workshop - at 2/16/96 meeting discussion of scheduling it for
3/20/96 - 2/28/96 meeting Firtion announced IRC will delete BSSC fi.om proposal -
Recreation Committee - 6/10/96 agenda - City Manager to set up workshop with IRC
Recreation and all recreation groups - same report at 6/26/96 -8/14/96 pending list review -
City Manager said this will be addressed after budget - 10/2/96 review of pending list - item
needs to be coordinated - on 6/24/97 wish list workshop agenda - Mayor Barnes to call
Callahan to set un meetine
RESOLUTION NO. R-96-46 - Authorizing Mayor to Execute Cost Share Agreement with
St. Johns River Water Management Agreement - Drainage Management Plan - 6/5/96
agenda - adopted as amended - 6/I0/96 - John Hill presented final Stormwater Management
System Conceptual Master Plan - consensus to have Hill work with Clerk to schedule citizen
input workshop and then 6/27/96 workshop with Council - subsequent to meeting citizen
workshops were scheduled for 6/25, 7/12, and 7/17 - Council workshop to be rescheduled -
Hill presented stormwater master plan at 8/8/96 workshop - consensus to have resolution
dralted to formaily approve plan. staffto work onPW plan by end of'November and
establish stormwater utili~before end of year with sufficient time for review - Approve
Resolution No. R-96-71 - Conceptual Stormwater Master Plan Prepared by Craven
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.96.131
96.134
96.188
96.25.7
95.012
Thompson & Associates - 9/25/96 agenda - adopted - staffto prenare stormwater utility
ordinance and schedule capital improvements meetin~ (10/15/96~ - Approve Proposed
Supplemental Agreements for Engineering Works for Fiscal Year 1996-97 by Craven
Thompson and Associates - 11/13/96 agenda - approved - First Reading of Ordinance No.
0-96-33 - Stormwater Utility - Set Public Hearing for 12/18/96 - 11/20/96 workshop
agenda - City Manager revised recommended action - withdraw ordinance from regular
agenda - obtain authority to advertise 12/19/96 ph to adopt resolution to allow collection of
non-advalorem assessment - draft new ordinance at later date as well as assessment
resolution - anthofity for advertisement and Mayor to execute agreement with iRC approved
by Council at 11/20/96 regular - Conduct Public Hearing In Accordance with F.S. 197.3632
(3)(a) and Adopt Resolution No. R-96-90. Electing to Use Uniform Method of Collecting
Non-Advalorem Special Assessments for Stormwater Management and Road Projects and
Services - 12/18/96 agenda - adopted - 1997 NUMBER TO BE ASSIGNED FOR
STORMWATER MATTERS 97.156
Refine Code Re: City Council Expenses - 6/10/96 agenda - Cartwright suggested all
expenses be presented for payment within 60 days or before end of fiscal year - Finance
Director is working on a travel and per diem policy - City Manager to review code - 8/14/96
Barnes requested this be 8/28/96 - establish policy like employee policy - 8/28/96 agenda -
staff directed to bring back ordinance amendine2-34 and resolution establishine travel
~ - 12/18/96 review of pending list - need for documents notegt
Economic Development Fund from Occupational Licenses - 6/10/96 agenda Cartwright
request - 10/2/96 review of nending list - staff to research Martin CounW - method used
uses for
Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East Side of Indian
River Drive - Authoriz~ Staffto Submit to FDOT - 8/28/96 agenda, adopted as amended -
exhibit to reflect sidewalk change - stop at Floodtide - begin again north of Archie Cart and
continue to north city limit while city negotiates with those property owners - ~
response from FDOT
Elkcam Waterway (FP&L) Crossing - Direct City Manager to Pursue Utilization of Triploid
Carp - 12/11/96 agenda - consensus to eo with carp. and bid out dred~ng
199~
Oberbeck Matters - Special Use Permits - 1/11/95 agenda - discussion - requested City
Manager to bring back proposal for upgrading permit fees - 10/4/95 workshop agenda -
staffto review and report on actual costs for applications and City Attom,y to dratt
resolution imposing $1000 bond - 6/26/96. City Manager report ~ he'll bring back staff
report on fee schedule - does not agree with bond - per Community Development Director
working on revision to fee schedule to bring to Council (5/29/97) - on 6/24/97 w/~h li~t
aeenda - Director of Community will have report for ad~iustment of fees
City of Sebastian, Florida
Subject: Award of contract or HVAC
improvements to Sebastian Police
Department
Approved for Submittal by:
Agenda Item No. q~7- 0,~0
Department of Origin: City Manager
Date Submitted: July 16, 1997
Exhibit: Bid Committee Recommendation for HAVC Modifications to Police Building
EXPENDITURE AMOUNT BUDGETED: ADDITIONAL
REQUIRED: $306,100 $250,000 APPROPRIATION REQUIRED:
$103,010
SUMMARY
Bids for improvements to the police building were opened on July 7, 1997, and out of two bids
received, it has been determined that the low bid was submitted by Hill York, Corporation for the
amount of $306, 100. The higher bid, submitted by Mechanical Services of Orlando, Inc., came
in at $382,431 and did not conform to qualifications called for in bid specifications.
Unfortunately, the engineer's estimate for the project in February was $213,000. The only
alternative would be to modify the design and re-bid. The drawback to this option is the
additional time for design and re-bidding. It is questionable as to the amount of estimated
savings that could be gained, and at the same time, maintain the desired integrity of design and
results. In light of all the problems, real or perceived, I believe it is important to move forward
with designed improvements.
Additional funding may be appropriated from the Non Departmental undesignated funds.
RECOI~VIE~ED ACTION
Accept thc bid from Hill York at the bid amount of $306,100 and appropriate $103,010 from the
undesignated Non Departmental funds.
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City of Sebastian, Florida
Subject: Lien Release of outstanding City
of Sebastian Code Enforcement Board Lien
on Tracts D & E of River's Edge Subdivision.
Approved for Submittal by: City Manager
Agenda No. ~
Department Origin: City Manager
Date Submitted: July 17, 1997
~~kz~.4 ~ ~. For Agenda of July 23, 1997
EXPENDITURE REQUIRED: ] AMOUNT BUDGETED: [ APPROPRIATION
None I N/A [ REQUIRED: None
EXHIBITS:
1. Letter from Indian River County Attorney's Office dated July 7, 1997
2. Letter from Indian River County Attorney's Office dated July 15, 1997
3. Property Deed From Indian River County to City of Sebastian dated May 13, 1997
4. Copy of Code Enforcement Board Lien flied on subject property
SUMMARY STATEMENT
The request from the County to release a Code Enforcement Board lien is the result of an
acquisition by the County for the Utility Department of property in River's Edge Subdivision
which had a previous enforcement action taken with the filing of a lien in 1987 when the
property was owned by Elliott Keppler and Pure Gold, Inc.
The Deed from the County to the City dated May 13, 1997 was a previous utility property that
was transferred to the County with the City's utilities. The County deeded the property back to
the City in May 1997. The County has requested that the City release the lien for the value of
the property deeded to the City. Clearly the value of the property is in excess of the $2,900
lien.
RECOMMENDED ACTION
Release the $2,900 lien in exchange for the value of the property deeded to the City in May
1997.
];NDTtqN RI'UER C:i3UNTY TD:56t-?70-5095 JUL 07'9-7 ].6:].3 Nn.O07 'P.02
BOARD OF COUNTY COMMISSIONERS co,~ ^,,o,~oy
INDIAN RIVER COUNTY
1840 25th Street, Vero Beach, Florida 52960 WILLIAM
Telephone: (407) 567-8000, Ext. 424
Suncom: 224-1424 TERRENCg P.
Fax:
July 7, 1997
SHARON PHILLIPS ln'EI~INAN
VIA FACSIMILE #589-5570
Mr. Thomas Frame
City Manager
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Sebastian Code Enforcement BoardLien I
Dear Mr. Frame:
Indian River County recently auctioned off several pieces of surplus
County property that it had acquired over the years..
Two parcels that were part of that sale contained a water and sewage
treatment plant and were acquired by the County in 1987 from Elliot
Keppler and Pure Gold, Inc. because of a potential environmental hazard.
These parcels are affected by a recorded 1985 Sebastian Code Enforcement
Board lien in the amount of $2,900. I
We respectfully request that you present this matter to the City Council
asking them to release this lien and remove it from the public records so
that the County may proceed with its sale' of these lots, thereby putting
them back on the tax rolls.
IIN, DIRN RIVER COUNTY ID:561-770-5095 JUL 07'97 16:13 No.O07 P.03
!
!
i Page tw
i As an aslde I wanted,to men. t~onefl to you that the auctmneer informed
I me that one o.f our p~cels w~th .a valu.e of over $10,000 was a lot that the
City of Sebastian was Intere. sted In for ~ts own use at the corner of Manley
Avenue and Donna Street in Sebastian Highlands. The County removed
i this parcel from the ones to be sold and on~ it to the City,
Thank you for your assistance in this matter. If you should have any
questions or need further information please let me know,
As this lien is holding up the County's closings on these lots, I hope to
hear from you soon.
Sincerely,
COUNTY ATTORNEY'S OFFICE
Lea R. Keller, CIA
Legal AsSistant
INDIRN RIVER COUNTY
ID:561-??0-5095
JUL 07' 97
16:15 No.O07
P.O~ I
Agent' m ffile P: G~-298 X
IJCHEn~,,,B ~ - 8ea%Aon %
/(,~)
Sebao%~sa Gods EnforcsnentBoard~ recorded tn Offtctal bo~ ~k 7S2. Pa~o
~a Irate of Ftn~a, to KorAn u. c~ and E~ N. c~e, h~mb~d and
mor~.gagors,
&l~oel~a~l ~here~O I~O completed; ~ha~ contrac~o~, I~~/e~or, ~a~r mn4
ma~er~ilMn mrs /XX pi~d h full.
· hm~ m~tvAmton rem~Ao~Aonm~ Af anT, have uo~ bees v~lm~ed, and ~ba~ ~hmrm
' I
so-vises, Xnc./chXeago ~AtXe Xnl~r&n~e oonpen¥. (Xn arSor tm dilate a~audmrd
Exeep~tonm 12 and 3 and specl~, Sx~ep~4 from Ftnml~lAcy.)
COUNTY
July 15,1997
ID:561-770-50@5
3UL 16'97
OFFICE OF CO UN T¥ 4 77'ORNE Y
BOARD OF COUNTY COMMI6:5'IONERS
INDIAN RIVER COUNTY
1840 25th Street. Vero Beach, Florida 32960
TeleiHtonc: (407) 567-8000. I:;xt. 424
$,,com: 224-1424
l.'ax: (407) 770-5095
13:32 No.O06 P.02
WILLIAM O. COLLII~tt II
~)~pU~,I County
TEIIR~NCE P, O'ilIIlN
~IIIAI~ON PHILLIPS BIll, HI, AN
,~111. C'atjr~lf ~LtlomeTf
Mr. Thomas Frame
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: City Council Meeting -July 23, 1997
Liens Against Indian River County Propertle~,
Dear Mr. Frame:
In connection with the referenced matter, I enclosing a release of lien that the
County requests the City Council execute and return as soon as possible after its
upcoming meeting. The County has rescheduled its closings on the sale of
these two properties until July 25, 1997.
We really do ~ppreclate your help in presenting this matter to the City Council. If
you should need further information or assistance from me, please let us know.
Sincerely,
COUNTY ATTORNEY'S OFFICE
Lea R. Keller, CLA
Certified Legal Assistant
Enclosures
INDIAN RIVER COUNTY
ID:56i-??0-5095
3UL 16'97
13:33 No,OO6'P.03 i
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
,I
IN THE MAT'FER OF.'
ELLIOT KEPPLER and PURE GOLD, INC.
International Office Center
100 Rialto Place, 7th Floor
· Melbourne, FL 32402
RELEASE OF ~
FOR GOOD AND VALUABLE CONSIDERATION from Indian River County,
Florlda~ the address of which is 1840 25th Street, Vero Beach, FL 32960, the receipt of
which is hereby acknowledged, the City of Sebastian, Florida, the address of which is
1225 Main Street, Sebastian, FL 32958, hereby releases the property described herein
from those certaiu Code Enforcement Board Liens recorded in O.R. Book 752, Page
2641, and O.R. Book 754, Page 2150, of the public records of Indian River Couqty,
Florida, regarding Case No. CEB 85-5.
SUBJECT PROPERTY DESCRIPTION:
Tracts D and E of Rivers Edge Subdivision, as
recorded in Plat Book 8, Page 81, of the public
records of Indian River County, Florida.
EXECUTED by the Mayor and attested and countersigned by the City Clerk of the
City of Sebastian, Florida, tiffs ___ day of July, 1997.
Attest:
CITY OF SEBASTIAN, FI.ORIDA
Kathryn O'Hailoran, City Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
By_
Walter Bartles, Mayor
The foregoing instrument was acknowledged before me this day of July, 1997,
by Walter Barnes and Kathryn O'Hailoran, as Mayor and City ~;ler~ re.~pectively of the
City of Sebastian, Florida, and who are personally known to me.
NOTARY PUBLIC:
t 002-/22 ~-/JU,9 I-/ P,~ 1:13
..,,,,~,~..~,~ ~1~"~ . ~K c,~cu~ coum
· .3..,°- .... ..,.-.'-.:.: COUNTY DEED .... .-.
~1~¢~_111, THIS DEED, made this /'.~ day of ~' _, 1997, by
INDIAN RIVER COUNt, FLORIDA, a political sUbdivisio~ of the State of
Florida, pa~y of the first pa~, whose mailing address is 1840 25th Street, Veto:
Beach, Florida 32960, and The Ci~ of Sebastian, Florida, a municipal
co~oration of the 8tare of Florida, pa~ of the second pa~, whose mailing
address is 1225 Main StreeL Sebastian, Florida 32958. .
WlTNESSETH that the said pa~ of the first paA, for and in
consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the pady of
the second pa~, receipt whereof is hereby acknowledged, has granted,
bargained and sold to the pady of the second pad, its heirs and assigns forever,
the following described land lying and being in Indian River County, Florida:
The East 200 feet of Tract A of SEBASTIAN HICH~NDS,
UNIT 9, according to the plat thereof, as recorded in Plat ·
. Book 6, Page .36-A, of ~e Public Records of Indian River
Count, Florida. '
IN WITNESS WHEREOF the said pa~ of the first pa~ has ~used
these presents to be executed in its name by its Board of County
Commissioners, acting by the Chai~an of said Board, the day and year
aforesaid.
INDIAN RIVER COUNt, FLORIDA
By its Board of County Commissioners
A~est: :..:..
. .7,.. -
J~y ~ Badon, ~k efEou~,',..~'~ ::-. ,¢,% ':Carolyn ~gge~ Cha' n
. · .2.,_.-:..:-.k;~ ,~, ~? %~ % ¢
~ %')' ..'.' ~, '~,/~'.",.; 7~, ~. tumc a~ beau --
m~s oocumen[ was prepa(~ D~.j~ '.,' ~ .~' <:
Indian R~ver County Attorn¢~ ~ce:~-,,-
1840 25th Street 7"'/?"'.:::~: ¢¢¢"~'-" :"';:" p
....... ~ ".' ', ,'~' A PROVED AS TO FORM
Vero Beach. FL 32960 "'-"":-" AND LE L S FlCIENCY
ERRENCE P. O'BR~E~
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
IN THE MATTER OF:
ELLIOTT KEPPLER and
PURE GOLD, INC.
International Office Center
100 Rialto Place, 7th Floor
Melbourne, FL 32402
CASE NO. CEB 85-5
CERTIFICATION OF FINE AND
ORDER IMPOSING PENALTIES AND LIENS
This document cancels and supercedes that Certification of
Fine filed in Official Record Book 0752, Pages 2641, 2642, and
2642.5 of the Public Records of Indian River County, Florida.
THIS MATTER came before the Board for public hearing on May
29, 1985, after due Notice to Respondent, at which time the Board
heard testimony under oath and received evidence. The Board
issued findings of facts, conclusions of law, and an Order of
Enforcement which was reduced to writing and furnished to'
Respondent. Said Order required Respondent to take certain
corrective action by a time certain, as more specifically set
forth in that Order. On May 29, 1985, this Board conducted a
compliance hearing to determine whether the Board's Order of
March 21, 1985 had been complied with. Based upon the evidence
and testimony presented at the hearing, this Board found that the
required corrective action had not been taken as ordered and that
there d'id in fact exist a violation of Section 16-1(5) of the
Code of Ordinance of the City of Sebastian.
It was thereby ORDERED that the Respondent pay to the City.
o.f Sebastian, a fine in the amount of $100.00 per day for each
and every day the violation existed and continued to exist upon
the following described property, situate in the City of
Sebastian, Florida, to wit:
Tracts D and E, -RIVgRS EDGE SUBDIVISION as recorded in
Plat Book 8, Page 81, of the Public Records of Indian River
County, Florida.
beginning the 20th day of May, 1985, a violation existed which
was the date previously set by this Board's Order dated March 29,
1985 and Certification of Fine dated June 12, 1985.
Accordingly, it is hereby ORDERED that ELLIOTT KEPPLER and
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0.R. 0754 PG
2150
PURE GOLD, INC., pay a total fine to the City of Sebastian in the
amount of $2,900.00. This Order shall be recorded in the
Official Record Books of Indian River County forthwith and shall
constitute a lien against the above-described property pursuant
to Chapter 162 of the Florida Statutes and Section 2-104 of the
Sebastian City Code. /~TI'~,
DONE AND ORDERED this day of December, 1986, at
Sebastian, Indian River County, Florida, in accordance with a
ruling made by this Board in open session on December 10, 1986,
nunc pro tunc.
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN, FLORIDA
~fUGENE BLOME, Chairman
The foregoing instrument was executed before me by EUGENE
BLOME, Chairman of the Code Enforcement Board of the City of
Sebastian, Florida, and I hereby certify that a true and correct
copy of this order has been furnished by ~. S. Mail to Mr.
ELLIOTT KEPPLER and PURE GOLD, INC., this~ day of December,
1986.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared EUGENE BLOME, Chairman of the
Code Enforcement Board of the City of Sebastian, Florida, known
to me to be the person described herein and who executed the
foregoing instrument, and acknowledged to and before me that he
executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal this
De~'~,~e~ 1986. , _ day of
' ~t ary~--P of Florida
My'~ommi~sion Expires
HY C~NKJ$~ZON ~xP. F[O tG,Jg90
OOa IHR 6[ [ AL N
A§ 'AUD eGaL SU FICIENC
STEVEN LULICH, ESQUIRE
Acting Code Enforcement Board Attorney
O.R. 0754 PG 2151
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City of Sebastian, Florida
Subject: Proposed Settlement in the case of
Richard Fey vs City of Sebastian
Approved for Submittal by: City Manager
EXPENDITURE REQUIRED:
$8,000
Agenda No.
Department Origin: City Manager/City
Attorney
Date Submitted: July 17, 1997
AMOUNT BUDGETED:
$0
EXHIBITS: Proposed General Release from Richard Fey
For Agenda of July 23, 1997
IAPPROPRIATION
REQUIRED: $8,000
SUMMARY STATEMENT
As Council may recall staffwas authorized a specific range to offer a settlement in the Richard Fey vs City of
Sebastian suit regarding the incident of sand versus general fill etc. An initial offer of $6,000 was rejected with a
counter offer of $12,000 from Mr. Fey's attorney, Mr. Brian Connelly. A subsequent new offer from the city in
the mount of $8,000 was made and accepted on behalf of Mr. Fey.
RECOMMENDED ACTION
It is recommended that the Sg,000 settlement offer made and accepted by Richard Fey along with the draft
general release be accepted by the City Council. Additionally, if the settlement is accepted, Council must
appropriate $8,000 from the undesignated non-departmental funds.
I$O~'Rrl C!~I~TIFI~D CIVIL TRIAL
July 11, 1997
Mr. Thomas FrameNalerie Settles, Esq.
City of Sebastian; City Hall
1225 Main Street
Sebastian, FL 32958
Dear Mr. Frame & Mrs. Settles;
II
3418 OCEA.~ DRIVE
VEEO BEACH, FLORIDA 32963
(561) 231' 5006
(~) ~m-~m4 ~
I have drafted the release in this matter, a copy of the release is enclose for your
attention and comments. Once I have received the draft for $8,000.00 I will
forward the executed release and file a voluntary dismissal of the lawsuit. I look
forward to your response and receipt of the draft check.
Sincerely,
Brian d. Con~y, Esq.
cc: Richard Fey
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In the matter of Richard Fey v. City of S...ebastian:
GENE .RAL RELEASE
FOR AND IN CONSIDERATION of the payment to me of the sum of EIGHT
THOUSAND Dollars ($8,000.00), the receipt of which is hereby acknowledged, I,
RICHARD FEY, being of lawful age, do hereby release, acquit, and forever discharge
THE CITY OF SEBASTIAN, its heirs, executors and assigns, from any liability now
accrued or hereafter to accrue on account of the alleged breach of contract or causes
of action which I now have against said THE CITY OF SEBASTIAN, its heirs, executors
and assigns, for personal injuries, damage to property, loss of services, medical
expenses, contribution, indemnification, losses or damages of any and every kind or
nature whatsoever, now known or unknown or that may hereafter develop, which arise
from these specific claims made in the complaint of February 4, 1997. I hereby
declare that I fully understand the terms of this settlement and voluntarily accept said
sum for the purpose of making a full and final compromise, adjustment and settlement
of the injuries and damages, expenses, and inconvenience above mentioned against
said THE CITY OF SEBASTIAN, its heirs, executors and assigns, and further intend to
release THE CITY OF SEBASTIAN, its heirs, executors and assigns, from all claims for
injury or damage or consequences thereof now known or unknown or which hereafter
arise from these specific claims made in the complaint of February 4, 1997.
IT BEING FURTHER AGREED AND UNDERSTOOD that this settlement is a
compromise of a disputed claim and that the payment is not to be construed as an
admission on the part of the party or parties hereby released of any liability whatever in
consequence of said accident.
IT IS FURTHER AGREED AND UNDERSTOOD that this release does not
release any other person, corporation or partnership not specifically mentioned.
I further state that the foregoing has been carefully read and I know the contents
thereof and have signed the same as my own free act and have not been influenced in
making this settlement by any representation of the party or parties released.
EXECUTED at Sebastian, FL, this
day of July, 1997.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Richard Fey
NOTARY
BEFORE ME, appeared
personally known to me or has provided Florida
driver license
who is
as
1
identification, and executed the foregoing Release freely and voluntarily for the
purposes therein expressed this ~. day of ,19
NOTARY PUBLIC
My commission expires:
Serial No:
Printed Name:
2
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