HomeMy WebLinkAbout08261998
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Review of Citizen's Complaint filed by Herbert Sturm on 02-07
96, pertaining to him beings intimidated by Eeputy Chief
Puscher is not cause to initiate an Internal Affairs
investigation for there [s no Florida .qtate Statute or
Department General 0r~er or Standar~ O?erat[~g ~rocedure which
has been violated in regards to the complaint az it is
reported. ~!o threats were indicated in the com~! ~int made by
Sturm which would show need for an invest~c~ation
Name cf Cfficer L~der In%~s~i~car_~cn
SEBASTIAN ,
POLICE u io Street
DEPARTiVW NT
Date
To
From
Reference
02-08-96
Chief Petty
Sgt. Bayer
Citizen's Complaint 00~-02-07-96
In review of this Citizen's Complaint several
questions came to mind concerning what violation or offence
had occured regarding what. was being described in the
Complaint. The complainant , Sturm , stipulates that he was
intimidated by what Deputy Chief Puscher said to him. r The
that are specified in the complaint~, or words to that
words
effect , were not threatening , just a statement that was made
to Sturm by Deputy Chief Puscher. The investigation into iother
complaints made by Sturm implicating Deputy Chief Puscher'as a
violator of State law/Genera! Order/Standard Operating
Procedures has prompted ill feelings between the two
individuals.
Intimidation by definition means to make
timid or fearful, frighten. Timid meaning lacking courage or
self-confidence. It is my belief that the statements made by
Deputy Chief Puscher were not intimidating but direct as to
actions that were going to be or are being taken by the
Sebastian Police Department. is the threat of an action
when an exoression of intention to inflict evil, injury or
damage is Said and the ability to be carried ou~
The review of said ccmp!aint reveals that it
lacks substance and does not afford the need for further
investigation. This csm~!aint is UNFOU~E~
Date
To
From
Reference
: 02-"12-96
: Herbert Sturm
: Sgt. Michael P. Beyer
: Citizen's Complaint # 001-02-07-96
Upon review, of this complaint, it is the
determination of this investigating officer that the
basis of this complaint does not provide grounds to
warrant further investigation due to no State
Statutes, Department General Orders or Standard Operating
Procedures being violated. The review of this complaint is
concluded and is determined to be ~unf°undedland concurred
by the Chief of Police.
P. Beyer 204
SE.BASTIAN
POLICE
DEPA RTb4I~NT
II I
1225 Main Street
Sebastian, FL 329-~8
(407)
02-07-96
Received Citizen's Complaint
Sturm making the complaint
Deputy Chief Puscher
Form , Herbert
against Deputy
02-08-96
02-09-96
Reviewed Citizen's Complaint
disposition upon review.
Fo~4arded Complaint to Chief
review.
Forr~, wrote
Petty for
MisCOnduct ....... ·
Criminal 'Investiga~ions.-:'/~:~{~al Affairs
.... ' ,.,.. - '~~ra t ed . ,
.-,_.. .... -:~.; . .
Chie~
Reviewed By:
further investigation
office
agency
My complaint is against 3gt. Michael P Beyer ~204. The alleged charges
are ne~!ect of duty, when he r~vlew~ complaint ?.~0. 001-02-07-96. F.S. 839.24
Failure to perform duty required of officer. Misdeme~qor 2m~ degree 60 days.
Additionally Sgt Beret made a false statement. F.S. 837.06 False of.~iclal
statements. Misdemeanor 2nd degree ~0 days. Sgt Beyer disolayed gross incomoetance
in the handling of this complaint, a violat[on of item D. of the City of Sebastian
Personnel S.O.P. Section ~5.07.
COMMENT~ &BOUT REPORT
It appears that Sgt Beyer is making an issue out of what I said in the
complaint. His words, "in regards to the complaint as it is reported." I didn't
realize that how I worded the complaint was going to be on trial. Sgt Beyer
said, "there is no F.S." NOT TRUE. There is a Florida Statue. F.S. 914.22
Tampering with a witness, victim, or informant. (1) A person, (C~t Pqs¢~er~
who knowingly uses Intlmi~tion, or engages in misleading conduct, (KnowijQ~K~v
making ~ false statement~, toward another person, [Herbert Sturm aYL~ SKt Beret),
with intent to cause or induce any person, (Herbert Sturm and S~t Beret)to withold
other object, (cr%minal offense com~aint ~ainst Cpt Puscher)from an official
investigation, or official proceeding~ commits a felony of the third degree.
Punishable by 5 years jall time. Sgt Beyer said, "there is no D.G.O. or $.O.P.
which has been violated." Certainly for Cpi Puscher to stick his finger in my
face is Notoriously disgraceful personal conduct, item H of. 15.07. Sgt Beyer
said, "ND threats were indicated." NOT TRUE. Cpt Puscher threatened me with
filing a complaint against me for making a false statement.
COMMENTS ABOUT REPORT DATED 0~-08-~6
If Sgt Beyer knew and understood F.S. 914.22 there would be no questions
as to what violation or offense had occured. Because of Sgt Beyer's incompetenSe
he doesn't realize that the phrase "or words to that effect", is a figure of
speach, used when someone is not sure of the exact words whichW~<en~. 3gt Beyer
said in part, "The investigation ~ prompted ill feelings between the two indi-
viduals.'' NOT TRUE. The lack of an investigation has me boiling mad. Intimida-
tion means: Unlawful coercion extortion duress putting in fear. Such fear must
arise from the willful conduct of the accused, rather than from some mere
temperamental timidity of the victim: however, the fear of the victim need not
be so great as to result in terror, panic, or hysteria. S~t Beyer said,"direct
as to actions that were going to be or are being taken by the S.P.D." NOT TRUE.
No complaint has been filed by the S.P.D. against me for filing a false sworn
statement. Sgt Beyer's sentence, !'It is etc. "is another example of his incomp-
etence. Sgt Beyer is a witness to Cpt Puscher sticking his finger in m~' face,
and threatening me with Nicki Rnbinson. If Sgt Beyer does not understand the
complaint, why doesn't he ask me to explain whatever he thinks lacks subst~nce
in my complaint. Pursu~qt to page 6 of D.C.0. 2010 a classification of Une~,m~ed
means~ The alleged act 4id not occur. THIS C~{TAR:LY IS i. IOT THUE.
COMM~D~TS kBCUT REPORT DATED
I finally see the pattern. 7 Feb 96 Review of Citizen's Como!aint.
8 Feb 96 In review of this Citizen's Comolaint. 12 Feb 96 Upon review of this
ccmo!airi~. The only thln~ S~ ~eyer has done is review zy complaint. He has
not done anythinE according to his job duties or D G.O, 2001 a~nd o.~.O. ~01~.
122.5 MAIN STRE,_=T 0 SEBASTIAN, FLORIDA 329,58
TF__LE?HONE (407) 589-8200 m FAX 1407) "'~"' '~'-r'
MEMORANDUM
DATE: t)~ember 13, 1996
TO:
~-T!.. OM:
9ennis ~ ~tfhite,.Chief of Police
Thnmas W. ~rame, City I~ger
SUBJECT: ComplaLnt~ flora ,.Mr. Herbert Si-arm
,~ I understand, Herb Sm had filed complaints against Dot. Sgt. Beyers on the basis that he
failed to follow proper investi~tive procedures. I had given you a copy of a newspaper article
referencing complainrS against Herb Stm,-ra on issues orior to his bombing comments at a City
comncil meeting. Lastly, Captain Puscher made a comment on the attached form wherein he
writes ;'He has not been completely truthful t.his time or in tt,,e past." Mr. Storm is requesting to
know what Captain Puscher meant when he wrote that particular statement.
I would appreciate a concise answer to all these issues. I l~ow your concern on support for your
command staff, but these issues are of ~eat concern to me to insure total creditability vdthin ge
department. -.
Please advise as to when there may be answers to ~ese. If there is any question as to what this
memo seeks pleasz call me or meet xt'ith me at your convenience.
,,.r. ~?.~.. ,,,,
Bruce H. Colton
State Attorney
OFFICE O~ ~
NINETEENTH FUDICIAL C2RCU1T OF FLORIDA
SERVING
INDIAN RIVER, MARTIN, OKEECHOBEE
AND ST. LUCIE COUNTI]~
2000 SLxteenth Avenue, Suite 329
Vero Beach, Florida 32960
(561) 778-5060
FAX (561) 778-7211
August 25, 1997
Mr. Herbert Sturm
549 Saunders Street
Sebastian, FL 32958
Re: Request for copies of Complaints
Dear Mr. Sturm,
Please find enclosed your requested copies of the complaint
referred to in a letter written by Nikki Robinson of t.his office
dated Novembe~ 1996.
Lyr~ ~Park
AsSistant State Attorney
Attorney in Charge, Indian River County'
LP/jeb
Bruce H. Col,:on
Share At:at'ney
OFFICE OF THE
NINETEENTH JUDICIAL CIRCUIT OF FLORIDA
SERVING
INDIA~M RIVER. MARTIN; OKEECHOREE
~ ST. LUCIE CO~T!ES
2000 Skxteenth Avenue, Suite 329
Veto Beach, Flo~da 32960
(40~ WS~0~0
FAX (407) 77~J211
November 4, 1996
Captain Puscher
Sebastian Police Department
!225 Main Street
Sebastian, Florida 32978
RE: Herb Sturm
Dear Captain Puscher:
I have reviewed your comoi!ation of complaints and
investications concerning Herb Sturm as well as cross referenced
those complaints wiuh my correspondence file.
My research indicates that all of Mr. Sturm's complaints
have been addressed by the State Attorney's Office and-been
determined to be without merit. I would like the record to
reflect that despite my responses to Mr. SturTa'S complaints he
has chosen to report what he believes to be my misconduct tO. a
higher authority. Attached please find copies of correspondence
from FDLE and the Office of Governor.
Should you recuire any further clarification of any item,
please feel free to contact my office.
N!KKi E. ROSiNSON
Assistan~ Stale Attorney
CC:
1201 Main Street
Sebastian, Florida 32958 Telephone 56!/589-52~3
DE,iS R. WHiTe, Chief Fa:= 561/559-2207
December 31, 1996
Mr. Herb Sturm
549 Saunders St.
Sebastian, FL 32958
~ea'~= Mr. Sturm,
My review of your complaint, dated 10/23/96, cn Sgt. Michael
Beyers of this department has been completed.
A review of your allegations by the State Attorney's Office
found no violations of the law by Sgt. Beyers. In my review
of his work on the investigation that you filed your complaint
on,_i found no wronc doinc on Sot. Beyers Dart.
I have, therefore, given this complaint a classification' cf
"Unfounded".
Thank you for bringing your concerns to our attention.
Sincerely,
Dennis R. White
Chief of Police
c: Tom Frame, City M3. na.~.e:
NA~' ~AT1VE CONTINUATION
S~-~ASTIAN POLIC~
~ z.z' C
~ d
1
Cit of Sebastian
T~=LEPHGNE (40~ E89-5330 = FAX (~0~ 58~-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
January 1!, 1994
David Puscher, Captain \
Kay O'Halloran '--,~
City Clerk/Acting city Manager
Mr. Sturm's Problems
One day in my office, quite some time ago, Mr~ Sturm, Robb
McCla~f' and I discussed Mr. Sturm's problems.
The discussion Became a bit heated between Storm and McC!ary and
McClary stood up and s~atad to Sturm that Sturm would receive the
pa~ers he (McClary) wanted him to. McC!ary left my office and
Sturm asked me if I heard this statement. I'acknow!edqed that I
had heard it.
McCla~!, in no way, has ever directed me to withhold information
from Mr. Storm.
rf'I can be of further assistance, p!easa 'do n6=~esitata to call
on me. ~
.iplaint number 95-003661
,il' If"hd"i Il .,Lib
~trg ToPe: HD .:0d~. 099 report For 099 dmputq CALIFF, BRIAN
~te of 0r~g~nal report O1/16/95
~te & time of this report 01/17/95 15:O?
!ace 0f 0ccurrmn~e SEBASTIAN CiTY COUNCIL
mpt c,tg VERO BEACH
!ct~m's nam~ N/A
ddres~ citu VERO BEACH
· ig~nal incident M ISCEI_LANEOUS
-~g~nal incident reclassified to
c0~01aint ! 95-00:3661
0219 unit ! 402
r~ieMer's id 0549
s~to~ 044.0
st FL
.!et~Re message
letgpe 1
.he~ i~vestigative units notified
record clerk'S id
evidence seized NO
her agencg
[.lr, J;..~r~uar.g ].:L, 199'5. I -::.'po~e t,:.~ Herbert c'tt..rm who made -the allegation
· t.l"~,~t Sebastian Citty CleF. k, KaL, O'Hal Ioran, w~s Forced not to process
dncumen't.s he presenr, ea 't.o her . On rna't, date I ir~tc-r-,,,iewed Ms.
O'H~l'Jc)ran ~ho ,~dvised I-.l~,~-t. no on~ ?orc:e,~ I~r~r to ~n anything- and~
h~rl dc, I'l~ hE.P pP,",I'~F''JL' iR ~ eq~Pd'.~ f.o Hr'. ~'~l~Pm~
job
... 1.r,., I met-;4;* St~ rm at, t~:~e SheriFF's OF{'ice a'~ wi~ich
f. ime ho pr~>-¢;enT, ed rn,.~ v x'th t.[.Jo b,'ic?{'c4s~s Fu'l 1 o~' miscel laneous court
dc,,':~m,)m't,'~tior~ and {..l'.l",er p.~p;~rwork. .[ asked ~im 'to present me with
evidr:.-'~ce of' his al lc. cation o{' temper*iht ~;'th a ~itJ'~ess, mt which time
h~? [.J,.:.',nt o¢.r on se'uercl dif'rer-ent tcp~(:m. He sho~md mm several
doct.',e,~ts which I d(') no't f'eel ~ihow a,-ig tope o~ tampering. I did advise
Mr. ~;'t'.t.zrm 'that I m~,,..~'ld ag,~in inLe 'vn,~ ~s. 0'H:~'llor;,n to see i~ 5here
[,~.:~s a,',U oLh~..:.r ir, f'r~rr;'~,.',tic, n 9~vmn th,~t uc)ul,:l violate Florida State
~l-..~tzl.t.~ 91.4.'22r [,-~ml,t...2F ;..;g W~t-.h a ~.litnec. s, '~:tim o,' InFormant.
(],) .J,:,r~,~orL! 1.&, ] ....... ..~.. I ,.'~oain inter'view~:~d Kat.j 1] H~l]oran who stated 'that
't.l",v:~ l:,u i '1 (.1 ~n~ d,;~p-~r I.~,~..~-~ ',,oJ,l';; ,~ I 'l the i.'~ F,]rm ~'t
ChJr'g:~s, e'Lc... ,..?,~ I,., I:",e t::t t'g [;'l~:~rk.
/~'i l'.,".Fi/,.-:,Llv ~;~ if"f( T('r''~tl '.,¢, ,;'.',-i, ~.~'~ C,,r :,,
eli.
LIST OF CO~W~LAINTS FILED WITH $.P.D.
30 Jun 95 Complaint a.~ainst Kay O'Hallor°~:~ ,;_,se no; 9~-13650 false statements.
No investigation, incident rcport is incorrect, case closed by Cfc. Francisco
23 ~:~zr 95 Cc. mplaint against :(ichard Tot.ny ca~o ac; 9~-05750 fa!s~: st:,_te~cnt
and tampering with a ~itness.
Sgt ~e~er Is tnv,.:s~,i.g~tng my r~at to ~ile thin coapiatnt.
Sep 9~ Complaint a..gainst Cpt Puscher case no; 9a-20240 false statement.
investigation, incipient r~port is incorrect, case closed by .~gt Hardison
13 Jan 94 Coa~laint a~alnst Henry Fisher case no; 94-~0po7 filing
unofficial document as an official order.
No investigation, incident report is incorrect.
5 Jan 9~ Complaint against Jo~u Kastenbader'case no; 93-283~2 filing falsi-
fied order.
No investigation, incident ~eport is incorrect, narrative continua~ion
is incorrect.
23 Nov 93 Complaint a~ainst R6bh McClary case no; 93-27249 Official MiscOn-
duct P.S. 839.25.
Incident report is incorrect, conflicting statements given by Kay O'Hallkran
and Cpt Puscher.
3 Dec 92 ComplAint agatnst~Bob Nichotson case no; 92-26421 perjury false
statement and two affidavits which don't agree.
N~ ~-vesti~ation.
16 Nov 92 Complaint against C.E.B. case no 92-25280 levying illegal fines
"Fraud"
No investigation.
28 JungO Complaint against Leona Kopcins~i case no; 90-13908 perjury false
statement to investigating Officer.
Investigation was conducted on me not on Kopcinski.
10.
3 Dec 90 Complaint against Ted F. Zeuch case no 90-13908 p&rjuz-y false
statement to investigating Officer.
No investigation, complaint vacated, see Puscher letter dated 9 Jan 91
29 Se~ 95 Comn~-in~.a~ainst Cpt Puscher case no; 004209-29-95. false statement
The investigation did not comply wi+h F.S. 1!2.532. No questions were ask,
anti nc answers were given under oath.
12.
15 Dec 95 Complaint against Bruce Cooper case no; 95-29778 false official
s tat ement.
No investl~%tion. ~ was told to see the S.A.
Jehas~ia~l, F!. 32958
City of Sebastian
1225 MAIN STREET o S;:::BASTIAN, FLORIDA 32_c58
TELE.=HONE (561) 589-5.330 r: FAX (E61) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 26, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
DRAFT
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CALL
(~i~ Cg~rke, iLP_res~nt;
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
5[~ff Pr. gs_ent:
City Manager, Thomas Frame
Acting City Attorney, Timothy Williams
Chief of Police, Randy White
Finance Director, Janet Isman
Deputy City Clerk, Sally Maio
Administrative Assistant, Linda Galley
Re .g~..1~ ~t~C~fi~cil Meeting
Page'Twd'
98.154
98.037A
AGENDA M_ODIFICATIO~S (ADDITION~ &ND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
The City Manager requested addition of New Business item G regarding a request for a construction staging
area for water expansion phase IIA at Blossom Park.
MOTION by Cartwright/Neubcrger
I move to add item G Blossom Park staging area to the agenda.
VOICE VOTE on the motion carried 5-0.
PROCLAMATIONS. ANNQUNCEI~I~.NTS AhrD/OR PRESENTATIONS
A. Presentation of Certificate - Joseph Generazi0 - Code En£orcemerl~ Board
Mayor Sullivan presented a certificate of appreciation to Joseph Generazio.
B. Presentation Qf (~ertificate - David NisbeL- Recreation AdyLsory Board
David Nisbet was not in attendance.
CITY ATTORNEY MATTERS - None
CITY MAJ~AGER MATTERS
The City Manager stated:
· Indian River County has started ambulance service at the Barber station
· Discussed a meeting relative to the FDOT proposal to six lane US 1 in 15 to 17 years and the City's
opposition
· Reported that work has begun on the CDBG improvement project for Indian River Drive and
Cavcorp
· Discussed a Recreation Advisory Board recommendation to put out a request for proposal for a
skateboard park at Barber Street Sports Complex, advised Council to look carefully at the site, and
said he would try to bring the matter back to the next agenda
CON~;I~NT AGENDA
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 - 8/12/98 Regular Meeting, 8/19/98 Special Meeting, 8/19/98 Workshop
The City Manager read the consent agenda.
Regular City Council Meeting
August 26, 1998
Page Three
Mrs. Wininger removed the August 12, 1998 minutes and amended them as follows: Page two, last
sentence, change to "She questioned the Applied Aquatic contract which had expired 5/19/98 and was
not brought before the Council for renewal."
MOTION by Wininger/Neuberger
I would move to approve item A as amended.
VOICE VOTE on the motion earned 5-0.
10. PUBLIC HEAI~!ING - None
11.
INTRODUCTIOBI OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Herbert Sturm, 549 Saunders Street, Sebastian, read from twenty pages of documents he had submitted to City
Council today, alleging non-compliance of a police department report of one of his complaints against former and
current city staff and officials.
A point of order was called when Mr. Sturm questioned the City Manager and Mayor Sullivan advised Mr. Storm
to address Council for his allotted ten minutes.
Leonard Bassi, 573 Browning Terrace, Sebastian, read his list of charges against former and present city staff
and officials.
Mrs. Cartwright read from Council meeting procedures Resolution R-97-2 lwhich states "Introduction of New
Business from the Public is defined as an item that has occurred or was discovered within the previous six
months." Mayor Sullivan concurred but said that she would allow him to continue for his allotted ten minutes
this time, since Mr. Sturm had been given ten minutes.
The Acting City Attorney advised Council not to discuss any pending litigation.
12. COMMITTEE REPORTS/RECOMMENDATIONS
98.03711
Recreation Advisor7 C_grnmittee
1. Interview and Appoint 2nd Alternal.e Menlll~r - Ullr, Xlljred Term to Expire 12/98 (City Clerk
Transmittal_8/18/98, 4 Application,. Melrlber_List,.Advertisement)
It was noted that Mr. Baker had withdrawn his application today by phone to the City Clerk's Office.
City Council interviexved Andrea Coy and Nan~ Pfister.
MOTION by Cartwfight/Neuberger
I move to appoint Mrs. Pfister to the second alternate member position.
VOICE VOTE on the motion carried
Regular City Council Meeting
August 26, 1998
Page Four
TAPE I - SIDE II (7:48 p.m.)
98.119 B.
13.
13udgq~ A~j~ory Commit~
I. Presentation of Recommendation for Fisc~ll year 1998/99 13udget (CRY Manager
Transmittal 8/20/98, Draft Recommendatim0
Joe Barczyk, member of Budget Advisory Committee, presented the committee's f'mal report to
Council (see attached).
Mrs. Wininger read from her letter dated 8/14/95 questioning the need for the sign shop.
Discussion took place on whether or not to continue or disband this committee. It was noted that
Council's original intent was to form a permanent board in the future, therefore, discussion continued
on whether or not to appoint the current members or appoint new members.
MOTION by Sullivan/Neuberger
I would move that we direct the City Attorney to write an ordinance establishing a permanent
Budget Review Committee for the City of Sebastian.
Mrs. Wininger noted that once the board is permanent, certain members who are members of other
boards would have to choose one board or the other. Mrs. Sullivan said since there is no motion on
the floor to discontinue this committee, it was her assumption that this committee would continue
until a new ordinance is passed.
VOICE VOTE on the motion carded 5-0.
MOTION by Sullivan/Wininger
I would move to accept the recommendation of the Budget Review Committee for the
Council's review and consideration of the proposed city budget of the year 1998/1999.
VOICE VOTE on the motion carded 5-0.
The committee was commended for its review and recommendation.
OLD BIJ~;I]SF~ - None
Regular City Council Meeting
August 26, 1998
Page Five
14. ~[~Y~_ BUSINESS
98.102 A.
R~sgltltiOll No. R-98-39 - Bond forPa~zing Pi'ogrgln - Authorize Mayor, Vice Mayor and Clerk to
Execute Closing Documents (Finance Director Transmittal 8/20/98, R-98-39)
A RESOLLrrlON OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA; AUTHORIZING THE ISSUANCE OF A NOTE
OF THE CITY IN THE PRINCIPAL AMOUNT OF $3~6&890 TO FINANCE COSTS OF ROADWAY IMPROVEMENTS; PROVIDING
THAT SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM THE MUNICIPAL FUEL TAX AND
LOCAL OPTION FUEL TAX REVENUES OF THE CITY AS PROVIDED HEREIN; PROVIDING FOR THE RIGHTS, SECURITIES,
AND REMEDIES FOR THE OWNER OF SUCH NOTE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
HEREWITH: AND PROVIDING AN EFFECTIVE DATE.
The Acting City Attorney read Resolution No. R-98-39 by title only.
Mark Raymond, attorney with the firm Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A.,
introduced Leslie Down of Suntrust Bank South Florida National Association, gave a brief
presentation on the resolution authorizing a promissory note to be issued tomorrow in the amount of
$3,268,890 with an interest rate of 4.4%, and to be repaid from municipal gas tax and local option
gas tax funds. He said, for the record, he had prepared the resolution and it had been reviewed by the
Acting City Attorney and he concurs.
MOTION by Cartwright/Sullivan
I move to approve Resolution 98-39.
The Acting City Attorney said he reviewed the note and resolution, would defer to bond counsel's
expertise, but found the note to be straightforward and found nothing wrong with the resolution.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 5-0
Mayor Sullivan called recess at 8:20 p.m. and reconvened the meeting at 8:37 p.m. All members
were present.
Regular City Council Meeting
August 26, 1998
Page Six
98.160 B.
Special Waterway Projects Program (SWPP) Grant Applications ,Apprc~vals (Public Works
Transmitt~] 82.18/98, R-98-36, R-98-37)
The City Manager gave a brief explanation of grant funds available on a 50/50 match, no funds were
set aside for match, and said that he was merely seeking authority at this time to apply for the grants.
1. [~c~gMio..n N0. R:98-36 - Main Street Ramp
A RESOLUTION OF TH~ CITY OF SEBASTIAN, INDIAN RIVER CO~, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE, APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE
CITY OF SEBASTIAN, A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS
PROGRAM (SWPP) GRANT FOR THE MAIN STREET BOAT RAMP EXTENSION; PROVIDINO FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The Acting City Attorney read Resolution No. R-98-36 by title only.
MOTION by Sullivan/Neuberger
I would move approval of Resolution No. R-98-36.
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
2. Resolution No. R-98-37 - Yacht Club Ramp
A RESOIAJTiON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE, APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE
CITY OF SEBASTIAN, A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS
PROGRAM (SWPP) GRANT FOR THE SEBASTIAN YACHT CLUB BOAT RAMP EXTENSION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The Acting City Attorney read Resolution No. R-98-37 by title only.
MOTION by Neuberger/Cartwfight
I move to adopt
ROLL CALL: Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
Regular City Council Meeting
August 26, 1998
Page Seven
Mrs. Sullivan said she had received materials from Robert Johnson on available grants for the Barber
fire station addition. Discussion took place on ownership of the land on which the station sits, and its
effect on obtaining grants. She turned the documents over to the City Manager for review.
98.001
R~solution No. R-91J-38 - Falcon Cable 60 Day Extension - 9/4/98 to 11/2/98 (Cil¢' Manager
Transmittal 8120/98, R-9~38)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTiAN, FLORIDA, GRANTING 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 RESOLI.rT1ON OF THE CiTY COUNCIL; PROVIDING FOR THE
RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOP, AN EFFECTIVE DATE.
The City Manager had distributed a dratt cable franchise Ordinance prior to this meeting; said he was
also trying to tie in an ordinance from Safety Harbor, and that he hoped to have something completed
within 30 days.
The Acting City Attorney read Resolution No. R-98-38 by title only.
MOTION by Paul/Cartwright
I'd like to move to approve Resolution No. R-98-38 extending the existing cable franchise
with Falcon Cable Media for an additional 60 days.
Mr. Neuberger objected to any more cable extensions.
TAPE II - SIDE I (8:54 p.m.)
ROLL CALL:
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
- aye
- aye
- nay
- aye
MOTION CARRIED 4-1 (Neuberger - nay)
7
Regular City Council Meeting
August 26, 1998
Page Eight
98.161 D.
Approve Extension of Contract with Applied Aquatic: Management, Inc, for One Additional Year in
[he Amount of $29.500 (Asst~ to Ci[v MoIllger/Pttrchasing Agelat Transmittal 8/19/98)
The City Manager said the difference in the mount was due to a change order during the first year of
the contract.
MOTION by Wininger/Cartwright
I would move that the contract be extended for one year effective May 19, 1998 to expire
May 18, 1999 and at that time it will be subject to renewal again and at the price of $29,340.
ROLLCALL:
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
98.162 E.
Approve Renewal of Flodgh I~¢~lgilo 0f Citj~ lasurance Policies in ~!le Amount of $239,655 to be
Appropriated_in 1998~99 Fiscal yeor and A~jthQt~e City Manager to Execute Two Year Premium
Agr~m~llt f. Finance Director Transmittal 8/18/98, Rertc~a[Quotes, 2 Yr, Premium_Guarantee)
Following discussion on the pros and cons of locking in for two years at this rate or paying one year
at a time at a lower rate, whether the amount had been negotiated, direction to the City Manager to
review the past five years' premiums, and a withdrawn motion, a final motion was made.
MOTION by Cartwright/Paul
I move to defer the item until September 9, 1998 and ask staffto return us with the
requested information.
VOICE VOTE on the motion carded.
98.025 F.
Apgrove Pur.~ha$~ Order with C.R. McLellan for $7,500 for Installation of Manhole in Main Street
pip~lit!~.j. Plllolic Works Transmittal 8/18/98)
MOTION by Neuberger/Cartwright
I move to approve purchase order with C.R. McLellan for $7,500 for installation of a
manhole in Main Street pipeline.
ROLL CALL: Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Regular City Council Meeting
August 26, 1998
Page Nine
98.163
15.
G. geg~[ fo~ Construction Staging Area fo[ Y(~I E,-xlllll~ion Phase IIA at Blossom Park
This item was added to the agenda during agenda modifications (see City Manager memo dated
8/26/98 attached).
Mike Hotchkiss, Indian River County Utilities, addressed Council, requesting the Blossom Park site.
It was suggested that the County approach Shiloh Ranch to use its property or look to other County
property.
MOTION by Cartwright/Sullivan
I move to deny the request for the staging area at Blossom Park but ask the City Manager to
work with the County to help find another location.
VOICE VOTE on the motion carded 5-0.
CITY CQUNL'-]L MATTERS
A. Mrs. Louise Cartwright
Recommended that a review of the circumstances of Mr. Neglia's code enforcement
violation be placed on the September 2, 1998 special meeting agenda. A consensus poll
resulted in a vote not to place the item on that agenda.
Mrs. Canwright - aye
Mr. Neuberger - nay
Mr. Paul - aye
Mrs. Sullivan - nay
Mrs. Wininger - nay
B. Mr. Chuck Ncuberg¢l:
Said he was not impressed with the walking excavator and suggested cleaning ditches and
coming behind with a badger to pick up debris.
C. Mr. Larry.
Said he had received calls fi.om Emerson Lane residents stating their road needs patching
Discussed calls he received urging location of county offices in the old Vero Mall to save
money
Suggested street light on the curb area of Caravan and Crystal Mist or striping Periwinkle
9
Regular City Council Meeting
August 26, 1998
Page Ten
TAPE II - SIDE II (9:40 p.m.)
Mayor ~utll Sullivan
Requested concurrence of Council on seeking a grant on the ambulance building.
It was suggested this be coordinated with the county by the City Manager.
16.
E. Vice Mayor Martha Wininger
Said she had found an invitation after the fact from the Acting Public Works Director to
attend the walking excavator demonstration, and apologized for not attending.
Chief White announced that he had just been informed that the Police Department had just had its
first save with the aid of one of the recently purchased automated external defibrillators.
Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:43 p.m.
Approved at the
1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
10
ACTION LIST
THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 8/26/98
REGULAR MEETING
All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material
put in chronological order and placed in clips within the file
City Manager, City Cleric and City Attorney get a full set of draft minutes, therefore, they do not need copies of
minutes pages for items relating to their positions
98.154
Presentation of Certificate -_Joseph Generazio - Code Enfon:emcn[ Board - presented
98.037A
Presentation of Certific,.at~.- David Nisbet - Recreation Advisory Board - not present
call him to pick up
Approval of Minutes - 8/12/98 R~g~[~ Meeting, 8/19/98 SpecialMeeting, 8/19/98
¥i/Qrls~hop - approved - 8/12/98 amended
note amendment
sign, seal - copy to Finance - place in book - make sure all attachments are included
98.037B
Recreation Advisory (~9lnmittee - Interview and Appoint 2nd Altema~; Member - Unexpired
Term to Expire 12/91~ - Pfister appointed
letter to Pfister w/appropriate materials
copy minutes to file, Recreation Adv Bd
update board handbook
file vault - BOARDS/COMMITTEES - Recreation
98.119
Budget Advisory. Commillee - Presentation of Recommendation for Fiscal Year 1998/99
~ . presented and accepted - City Attorney directed to draft ordinance for
permanent board
copy minutes to file (Budget Advisory Committee)
place final report in 98/99 budget file and in Budget Advisory Committee folder
98.102
Resolution No. R-98-39 - Bond for Paving.Progr. gm -Authorize Mayor, Vice Mayor and
Clerk to Execute Closing Dgcurnents - adopted and all documents signed during recess -
Deputy given one set of signed documents
copy minutes to file, Finance, Purchasing, PW
Mark Raymond will provide copies of closing documents to CM, Finance Director
file copy of full set of documents in vault - FINANCE - label "SUNTRUST PAVING
LOAN" - note its location on green sheet in res backup
blue back original set of documents and file vault - 98 ORIG RES
update \wp-resXr-98 as to adopted date
copy resolution to counter, attorney
98.160
98.001
98.161
98.162
98.025
~;pecial Waterway Projects Program ~WPP).Grant Applications Ai~provals - R¢~ol.ution
No. R-98-36 - Main_Str~[Ramp - Resolution No. R-98-37 - Yacht Club.l~amp - both
resolutions adopted
sign, seal - copy to file, counter, Attorney
certified copies of resolution given to Angie in PW for application - she will make additional
copies they need
blue back original - file vault - 98 ORIG RES
file backup in vault - FINANCE - Grants Applied for - note its location with green sheet in
res backup
update wp-res~r-98 as to adopted date
Resolution No. R-98-38 -Falcon Cable 60 Day Extension - 9/4/98 to 11/2/98 - adopted
sign, seal - copy to file, counter, attorney, Falcon with cover letter
blue back original - file vault - 98 ORIG RES
file backup in vault - AGREEMENTS - Interlocal/Govt - Franchise Agreements- note
location of file on green sheet in res backup
index expiration 11/2/98
update \wp-res¥-98 as to adopted date
Approve Extension of Contract with Api~lied Aquatic Management. bac. for One Additional
Year in the Amount of $29~500 - motion to approve renewal from 5/19/98 to 5/18/98
subject to another renewal in 99 at $29,340
copy minutes to file, Purchasing, PW, Finance
Paul will handle renewal contract and bring final signed for file
update \wp-files\agree.cur - Miscellaneous - Applied Aquatic
file vault - AGREEMENTS - Miscellaneous
Approve Renewal of Florida Leagu~ of Cities Insurance Policies in th~ Amount of $239,655
to be Agpropdatedin 1998/99 Fi~;cal Year ~nql Authorize C,j[v Manager to Execute Two
Year Premium Agreement - deferred to 9/9/98 for CM review of last 5 years premiums
copy minutes to file, Finance, Human Resources
file pending credenza - 1st regular meeting
Approve Purchast OrdEr with C.R. McLellan for $7,500 for Installation of Manhole in Main
Street Pipeline - approved
copy minutes to file, Purchasing, PW, Finance
Paul will handle PO
update \wp-files\agree.cur - Miscellaneous - McLellan annual culvert
file vault - AGREEMENTS - Miscellaneous - McLellan annual culvert
2
98.163
Request for C~>n~tructiou Staging Area for Water Expansion PkasellA at Blossom Park -
denied and CM to work with IRC to find another location
letter to Mike Hotchkiss, IRC Utilities
copy minutes to file
file vault - IRC
BUDGET ADViSORY COMMITTEE
RECOMMENDATIONS TO CITY COUNCIL
The Budget Advisory Committee was approved by the City Council in July 1998. The
Committee, in accordance with its adopted Mission Statement, conducted an in-depth
review of the budget during the period ofluly 12 through August 12, 1998. The review
consisted of personal contacts, briefings and review of documentation provided by the
City Manager and Staff. The procedures enabled the Budget Committee to address and
clarify gray areas in the budget and forward their recommendations to the City Council
before the established budget deadline. It should be noted that comparison of the current
budget and the proposed 98-99 budget revealed a vast improvement in the preparation,
clarity and submission. It was the Committee's opinion that many of the citizen concerns
and recommendations voiced during last years review were implemented in the proposed
budget. The City Manager, Finance Director and Staff should be commended for their
time and effort in the preparation of the budget.
The Capital Improvement Funds expenditures (budgeted through Discretionary Sales Tax,
FDRP grants, gas tax, etc.) were reviewed in-depth and in general approved, as
expenditures would not have a negative effect upon the millage rate.
The Enterprise Funds, (Golf Course, Airport) were reviewed and approved as written. No
action was taken on the Golf Course request for the purchase of mowers, the Council is
looking into this item. The Budget Committee scrutinized the Operating Expenditures and
found minimal cost reduction.
This report contains the following recommendations for the City Council to direct the City
Manager to investigate and provide a report to the City Council. These recommendations
could result in future savings for the City. Due to the time constraints, it would be
difficult to complete the review for implementation in this years proposed budget.
Listed below are the recommendations/suggestions of the Budget Advisory Committee:
The City Council should direct the City Manager to study the feasibility of the
reorganization and transition of the current dispatch system with the goal of
transitioning the current system to a backup system for the County with the County
having primary responsibility for radio dispatching Sebastian Police in response to 911
ca~s.
Specific elements of the study should include as a minimum: Improving response time
by eliminating double handling of emergency calls; Sebastian dispatchers providing
backup and redundancy to the County system and providing 24 hour support to Police
Officers from a fixed site; Twenty four hour manning of the Police station; Improved
cooperation and backup between City and County Law Enforcement; In the long
term, reducing dispatch staffing from 2 to 1 dispatchers around the clock;
Implementing a system for dispatchers to help Police Officers prepare reports thereby
increasing overall Police patrol time, similar to the County's CARE program;
Reducing overall spending on the Police Dispatch system while improving efficiency;
Providing for a transition over time that ensures overall effectiveness and does not
have an adverse impact on morale and esprit of the dispatchers and police officers. The
Committee recommends hiring of additional personnel to be delayed until the report is
completed and presented to the Council.
The City Council should direct the City Manager to evaluate the proposal of a RFP for
employees health insurance. The RFP should start and be completed by the end of the
first quarter of the budget year.
The opinion of the Committee is that there may be other plans available that can offer
the same, if not more, benefits to possibly include complete family coverage at a cost
savings to the City and employees.
Revisit the hiring of future police officers by reviewing the criteria or justification used
in determining the ratio or number of officers required per population.
During the review the Committee had concerns as to whether the criteria of two
officers per 1,000 population was established by the State, established by the City
Council, or an arbitrary criteria used by the Local Law Enforcement Agency. It's the
Committee's opinion that other criteria or factors should be considered, such as FDLE
Crime Rate statistics, local area crime statistics, number and types of calls for services,
2 per 1,000 ratio and any other relevant statistics or criteria used in hiring of new
personnel. Even though the request for an additional officer may be partly funded by
Federal Grants, it is recommended that any hiring of new personnel, except as
replacement, be delayed until the new criteria is approved by the Council.
4. The City Council should direct the City Manager to conduct a feasibility study of the
cost/benefit ratio of maintaining the Central Garage and Sign Shop operations.
The Committee questioned whether it was economically feasible to retain these
operations. The study would provide information of the operating costs, number and
costs of fabricating signs, versus outside source purchase. Presently the Staff is
purchasing vehicles with extended warranties and heavy or complex equipment repairs
are accomplished by outside sources. The concern is whether under present
operations, minor repairs of lawn/vehicle equipment, oil changes, etc. will justify the
costs of maintaining this operation. The review would determine whether the two
operations stay as is, have a reduction of personnel, or be eliminated.
The City Council should direct the City Manager to demonstrate and evaluate the
needs of the walking excavator or any other alternative before entering into a contract
or purchasing agreement.
The Committee questions whether the excavator is the fight piece of equipment before
entering into a costly long term lease or purchase contract by the City. The excavator
is a complex piece of equipment which would require qualified trained personnel to
operate and to perform the necessary maintenance or repairs. The concerns were,
whether this complex machine with the potential operating costs, usage limitations and
cost of the extended contract/lease can best serve the department purposes or City
needs.
The City Council should direct the City Manager to investigate and report to the
Council on the potential of upgrading the present retirement system to include defined
benefit or defined contribution or any other plan of a similar nature. The investigation
should include contribution and administrative costs of the plans.
The Committee's opinion is that the current plan should be reviewed to retain and
attract qualified and skilled employees.
7. The City Council should direct the City Manager to review and revise employees' job
descriptions and rifles to conform with their assigned duties.
Review indicated that employee's tires (positions) and duties may need to be revised.
Employees tires, classifications and pay grade should be revised to reflect current
duties and task assignments.
The City Council should direct the City Manager to review the various fees for
services, permits, licenses, and any other fees such as impact, user fees, be increased or
adapted to reimburse the City for expenses incurred.
The City Manager should be directed to review present and potential fees to determine
if additional revenue can be gained or generated to cover the cost of doing business.
The present construction boom has an impact on the City services, police, wear and
tear of roads, parks/recreation activities, drainage, etc., the cost of which is paid by the
current taxpayers. Currently the average construction time, once the permits are
received, is 4 months or longer. During this period and one to two years after
completion, the business/home will be taxed on land value, with minimal revenue to
the City. Once the property is assessed and taxed, the City will receive revenue on full
value. During this period City services are rendered and often requested by the new
business and homeowner at minimal or no cost. The Committee recommends that
current fees be increased and additional fees, if identified, be approved to relieve the
shortfall in revenue to the City.
The City Council should direct the city Manager to prepare a comparison cost/benefit
analysis comparing the City's costs and benefits with participation in the County
MACE program as compared to not participating in the County MACE program.
CONCLUSION:
These recommendations will have a minimal effect of the proposed 98/99 budget, but
could have an impact on furore budgets and savings. The various actions would be
reviewed by the Committee prior to submission to the Council. The review would ensure
that the report is sound, manageable and fundable prior to the Council review. The
Committee should meet periodically throughout the year and fi'equently during the budget
development and approval process. The Committee recommends that the City Council
establish a permanent Budget Advisory Board by ordinance to continue this invaluable
process.
The budget, as written, is sound and will meet the taxpayers concerns. The City Manager,
Finance Director and Staff should be commended on their input and budget preparations.
Respectfully Submitted By:
Karen West, Budget Advisory Committee Chairman
Joe Barczyk, Budget Advisory Committee Vice-Chairman
I
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City of Sebastian
1222 MAIN STFIE=-T g SEBASTIAN, FLORIDA
TELEPHONE (~61) ~89-S3,30 ~ FAX (261) ~89-E~70
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 26, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall 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
3.
4.
5.
PLEDGE OF ALLEGIANCE
INVOCATION/MOMENT OF SILENCE
AGENDA MODIFICATIONS (~DDITIONS A~II)/ORDELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
98.154
98.037A
PROCLAMATIONS. ANNOUNCEME. NTS AND/OR PRIXSENTATION$
A. Presentation of Certificate - Joseph Generazio - Code Enforcement Board
B. Presentation of Certificate - David Nisbet - Recreation Advisory. Board
CITY ATTORNEY MATTER~
C. JTY MALq&_G_ER MATTERS
1-20
98.037B
21-38
98.119
39-44
98.102
45-58
98.160
59-64
10.
11.
12.
13.
14.
CONSENT AGENDA
~lll items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of conse,nt agenda items unless a member of Oty Council so requests;
in which event, the item will be removed and acted upon separately. I
A. Approval of Minutes - 8/12/98 Regular Meeting, 8/19/98 Special Meeting, 8/19/98 Workshop
PI~LIC HEARING - None I
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
l~hich is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
COMMITTEE RE PORTS/RE CQMMENDATI[O ~S I
A. Recreation Ad¥isok-v Co~-llni0~e
1. Interview and Appoint 2nd Alternate Member - Unexpired Term to Expire 12/98 (City Clerk1
Transmittal 8/18/98, 4 Applications, Member List, Advertisement)
1
B. Budget Advisory Committee
1. Presentation of Recommendation for Fiscal Year 1998/99 Budget (City Manager
Transmittal 8/20/98, Draf~ Recommendation)
OLD BUSINESS
A.
R~olution No. P~-98-39 - Bond for Paving Program - Authorize Mayor, Vjcc Moy_or and Clexk to
Execute Glo,ii!ag Documents 0:inal:l~;~ DireeDr Transmittal 8[20/98, R-98_-39)
A RF3OIMTION OF THE CITY COUNCIL OF THE CITY OF SEBAfflIAN, FLORIDA; ALrI~ORIZING THE ISSUANCE OF A NOTE
OF THE CITY IN THE PRINCIPAL AMOUNT OF fOL,'M-XX,~'~L~ TO FINANCE COSTS OF ROADWAY IMPROVEMENTS;
PROVIDING THAT SUCH NOTE SHALL BE A LIMITED OBLIGATiON OF THE CITY PAYABLE FROM THE MUNICIPAL FUEL
TAX AND LOCAL OPTION FUEL TAX REVENUES OF THE CITY A,S PROVIDED HEREIN; PROViDING FOR THE RIGHTS.
SECURITIF3, AND REMEDIES FOP, THE OWNER OF SUCH NOTE; MAKING CERTAIN COVENANT8 AND AGREEMENTS IN
CONNECTION HEREWITH; AND PROVIDING AN EFFECTiVE DATE.
~ll~cial Waterw&v Pro..iects Program(SWPP) Grant Applicatigns Approvals (Public Works
Transmittal 8/18/98. R-98-36L R-98-37)
1. Resolution No. R-98-36 - Main Street Ramp
A RF_.3OI.trI'ION OFTHE CITY OF SEBA.qTIAN. INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE, APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATrEST, ON BEHALF OF THE
crrY oF SEBASTIAN, A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEC'nON S?ECIAL WATERWAY PROJECTS
PROGRAM (SWPP) GRANT FOR THE ,MAIN STREET BOAT RAMP EXTENSION; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
2. R~l~i~n '~. R-0B-~7 - y~¢ht Club Ramp
A RESOLUTION OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AU'I~ORIZING THE
CITY MANAGER TO EXECU'FF, APPLY FOR AND ADMINISTEIL AND THE CITY CLERK TO AT'TEST, ON BEHALF OF THE
CITY OF SEBASTIAN, A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS
PROGRAM (SWPP) GRANT FOR THE SEBASTIAN YACHT CLUB BOAT I~,[P EXTENSION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
2
9s.oo ~ C.
65-70
Resolution No. ]~.98-38_ - Fillgon Cable 60 Day Extension - 9/4/98 to 1 I./2/98 (CiD Manager_
Transmittal 8/20/9.~1, R-98-381
98.161 D.
71 - 72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN
EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SLXTY DAYS UNLESS ADDITIONAL
TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE
RETROAC'rlvE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.
Approve Extension of Contract with Applied Aquatic Management, Inc. for One Additional Year in
the Amount of $29,500 (Asst. to City Manager/Purchasing Agent Transmittal 8/19/98)
98.162 E.
73-81
98.025 D.
83-85
Approve Renewal of Florida League of Cities Insurance Policies in the Amount of $239,655 to be
Appropriated in 1998/99 Fiscal Year and Authorize City Manager to Execute Two Year'Premium
Agreement (Finance Director Transmittal 8/18/98, Renewal Quotes, 2 Yr. Premium Guarantee)
Approve Purchase Order with C.R. McLellan for $7,500 for Installation of Manhole in Main Street
Pipeline (Public Works Transmittal 8/18/98)
15. CITY CQUNCIL MATTER~
A. Mrs. Louise Cartwright
B. Ma'. Chuck Neuberger
C. Mr. Larry Paul
D. Mayor Ruth Sullivan
E. 'Vice Mayor Martha Wininger
16.
ADJOURN (AH meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council}
ANY PERSON lt~lO DECIDF_.S TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL IV1TH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING (OR HE.4RING) MLL NEED A RECORD OF THE PROCF~EDINGS AND MAY NEED TO ENSURE THAT A VERBAT1M
RECORD OF THE PROCF~F~DINGS IS MADE, WttlCH RECORD INCLUDES THE TF_.SITMONY AND EVIDENCE UPON DTtlCH THE APPEAL
IS TO BE HEARD. (286.0105 F~.)
IN COMPLIANCE WITH THE AMERICANS VflTH DISABIHTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEE77NG SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MF_.ETING.
Hearing Assistance Headphones are Available in the Counc:t Chambers for all Government Meetings.
Upcoming Meetinl~s~
Special 3deering (Smith Hearing) - IVedneaday, September 2 @ 7pm
IVork.~op (Charter) - Wednesday, Septetnber 2. 1998following Special
Regular Meeting - IVednesday, Septentber 9, 1998 ~ 7pm
Special Meeting . (Budget Hearing) Tbursd~. September ] O. 1998 (~ 7 pm
Special ,¥[eeting - (Final Budget Hearing) - Tuesday. September 22. 1998 ~ 7 pm
Regular 3deeting - Wednesday, September 23. 1998 ~. 7 pm
i
City of Sebastian
122.:5 MAiN STRE_=T l: ,SEBASTIAN, FLORIDA
TELEFHONE (~6't} ~89-5,'.3~0 o FAX (56~)
SEBAS~N CI~ COUNC~
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 12, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CALL
~:ity Council present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Canwright
Mr. Chuck Neuberger
Mr. Larry Paul
Staff-Present:
City Manager, Thomas Frame
Acting City Attorney, Timothy Williams
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Acting Public Works Director/City Engineer, Martha Campbell
Finance Director, Janet Isman
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 12, 1998
Page Two
&GELNDA MODIFICATIONS (ADDITIONS AND/OR DKLETION._~
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
MOTION by Wininger/Neuberger
I would move to move City Council matters to SA.
ROLL CALL:
Mrs. Cartwright - nay
Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 3-2 (Cartwlight, Paul - nay)
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
98.002/
98.112
Ao
l~resentation of Certificatq$ of Completion to Councilmembers Cartwright and bl'eubqrgr, r3~ Cigt
Clerk - Attendance at Advanced_10,titute for l~ie¢.ted Municipal Official~
The City Clerk presented certificates of completion to Councilmembers Cartwright and Neuberger.
7. CITY ATTORNEY MATTERS
Nonc.
8. CITY MANAGER MATTEIL~
The City Manager discussed the City Attorney final payment, citing a letter submitted to Council today
relative to settlement; suggested a Council executive session on the union contract on August 19, 1998 at
6:00 pm in City Council Chambers; suggested Council allow him to proceed with a stand alone cable
franchise ordinance rather than a master telecommunications ordinance at this time; said a sign had been
posted welcoming the new ambulance; and reported the shoreline stabilization had been completed as well as
educational signs. He commended Carolyn Corum, Jerry Converse and Bucky Gerber for their involvement
in the signs.
15. CITY COUNCIL MATTER~
A. Vice Mayor Martha Winiog¢r
Mrs. Wininger asked that when a contract is issued to a firm with option to renew for more years and
the contract is for more than $5.000, is it necessary for the renewal to come before Council again.
She questioned the Applied Aquatic contract which was renewed in May.
Regular City Council Meeting
August 12, 1998
Page Three
The City Manager said he would look into it.
B. Mrs. Louise C,-mwright
Mrs. Cartwright reported one of the medians on US I was not being maintained.
C. Mr. Chuck Neuberger
Mr. Neuberger announced an October 10, 1998 golf scramble for the ambulance fund; and expressed
his concern for the manner in which Mrs. Settles' termination and payoffwere handled by staff.
D. Mr. La~ Paul
Mr. Paul expressed concern for the items now listed under New Business that he stated should be on
the Consent Agenda and requested a consensus of Council members.
Mayor Sullivan polled the Co,oil orl whether_to keep the proc~qlure as it is rlQW:
Mrs. Canwfight - no
Mr. Neuberger - yes
Mrs. Wininger - yes
Mr. Paul - no
Mrs. Sullivan - yes
E. Mayor Ruth Sullivan .
Mayor Sullivan said Council members should be able to use their titles, but no Council members
should individually use official City stationary unless reporting action of the Council, and asked that
a policy be established; and requested that any agreement containing financial obligations against the
City must be approved by City Council. She requested that both be on a future agenda.
CONSENT AGENDA
All items on the consent agenda are considered to t~t routine and v~ll be enacted by one motion. There w~ll be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event, the ~tem v~ll be removed and acted upon separately.
Approval of Minutes - 7/15/98 Special Meeting, 7/15/98 Workshop, 7/21/98 Workshop, 7/22/98
Regul,~r Meeting, 7/23/98 Workshop, 7/29/98 Public Forum, 8/5/98 Workshop
98.151
Authorize Mayor to Sign Letter Approving Distribution of $157,777 of Federal Fiscal Year 1998
Anti-Drug Abuse Act Funds bv Indian River County (Ci .ty Manager Transmittal 8/6/98, Proposed
Letter)
98.152
Pelican Island Preservation Socie~ Request for Use of R/verview Park on Sunday, March 14, 1999
from 10 am to 4 pm for 96th ,-~miversarv Celebration with Use of Electricity (City. Clerk Transmittal
7/23/98, Letter 7/17/98)
Regular City Council Meeting
August 12, 1998
Page Four
98.153 D.
Maria Gomez Request Use of Community Center on Saturday, August 22, 1998 from 2 pm to 10 pm
for Wedding Reception - MB - Security Paid and Age Verified (City Clerk Transmittal 8/4/98,
Application)
The City Manager read the consent agenda.
Mr. Neuberger removed items A and C. Mayor Sullivan removed item D for Chief White.
MOTION by Sullivan/Neuberger
I would move approval of item B on the consent agenda.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Ma'. Neuberger - aye
MOTION CARRIED 5-0
Item A
Mr. Neuberger requested amendment to the following minutes:
* July 22, 1998 minutes page 5, add the word "move" in the first motion.
Mayor Sullivan requested amendment to the following minutes:
· July 2 I, 1998 page 2, 4.A.ii. second paragraph - change to "Mayor Sullivan requested that
the organizational chart be changed back to separate the City Attorney and City Clerk as
covered by the City Charter"
· July 21, 1998 page 2, second paragraph, second sentence under City Manager - change to
"Mayor Sullivan objected to percentage increases made behind closed doors and said all
salary increases should be in the budget and discussed at a public meeting"
· July 21, 1998 page 3 second paragraph under City Clerk - add "employment" before
"agreements"
· July 22, 1998 - page 7 1st paragraph - add "time" before "restriction"
· July 23, 1998 - page 5 - 2nd to last paragraph - add to first sentence "since the company
contract with the City called for the company to use their own equipment."
MOTION by NeubergerAVininger
I make a motion to approve item A as amended.
VOICE VOTE on the motion carried 4-1 (Cartwright - nay)
Regular City Council Meeting
August 12, 1998
Page Five
Item C
After being questioned about vendors who sell in Riverview Park and occupational licenses not being
needed, the City Manager explained the difference between a permit and a license, and said he will
look into it.
MOTION by Neuberger/Cartwright
I move to approve item C.
VOICE VOTE on the motion carried 5-0.
Item D
The Chief of Police suggested better security for functions in city buildings at which alcoholic
beverages are in use. The City Clerk said there have been problems at the Community Center. The
City Manager said he could review the matter and bring back information for a future agenda on
establishing policy.
TAPE I - SIDE II (7:48 p.m.)
MOTION by Sullivan/Wininger
I would move approval of item D under the consent agenda.
VOICE VOTE on the motion failed 14 (Cartwright, Neuberger, Wininger, Paul - nay)
MOTION by Camvright/Paul
I'd like to move that we approve th~ request conditional upon the applicant agreeing to pay
for a one police person on the premise.
Mrs. Cartwright then mended her motion "to pay overtime for the police person" and then added
"for the time of the party". Mr. Paul agreed.
Mr. Williams said his impression Council has the fight to accept or reject any individual request for
use of facilities and add conditions. Chief White noted the pay in question would be $23 per hour.
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
10. PUBLIC HEARING - None
Regular City Council Meeting
August 12, 1998
Page Six
11.
INTRODUCTION O_F NEW BUSINESS FRO~I_THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Bob Ashcroft, 785 George Street, Sebastian, discussed futm'e streets listed in the Comprehensive Plan, noting
that there is no mention of the extension of Fleming Street to US 1. He said the City Manager had told him
he would look into it and get it into the plan.
12. COMMITTi~E REPORTS/RECOMMENDATIONS
Mr. Paul advised Council that an alternate needed to be appointed to the Treasm'e Coast Regional Planning
Council, and stated that he was unable to attend next weeks' meeting. Mr. Neuberger volunteered to be the
alternate, however, said he would not be able to attend either.
98.154
ho
~2ode Enforceme0~; 13oard
1. Accept Resignation of Joe Generazio (City Clerk Transmil~l 7/28/98, Letter 7/23/98)
MOTION by Sullivan/Wininger
I would move to accept the resignation with regret.
VOICE VOTE on the motion carried 5-0.
98.037
Reere~tion Adviso .ry Bo~d
1. Acqept Resi~atiorl of David Nisbet (City Clerk Transmittal 7/21!/98_Letter 7/15/98)
MOTION by Wininger/Neuberger
So moved. (Mm. Sullivan added "with regret")
VOICE VOTE on the motion carried 5-0.
98.141
13.
OLD BUSINESS
A.
Request from L.I. Tre~ Service. ~chard Fey, President - Refund of Sit~ Pl.,~m Applica~;ion F¢? -
l~ferI~ ~'qnl 7/22/98_(City Manager Transmittal 8/6/98. Fey L~tt~r 6_/6/98) I
The City Manager advised that no cover letter had been located, nor did Mr. Massarelli remember a call
fi.om Mr. Fey requesting postponement; and advised that it was up to the discretion of Council to give ~l
full refund, a partial refund, or no refund. Mrs. Wininger recommended establishment of a policy.
I
MOTION by Neuberger/Sullivan
I would like to make a motion that Mr. Fey be refunded $500, the City will retain $250 to
charge toward services rendered by the City.
ROLL CALL: 1Va's. Wininger - nay
Mrs. Cartwright . nay
Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION FAILED 2-3 (Wininger, Camwight, Paul - nay)
6
Regular City Council Meeting
August 12, 1998
Page Seven
98.102
98.155
14.
MOTION by Wininger/Neuberger
I would move to refund half the amount that Mr. Fey is requesting which would be $375.
ROLL CALL:
Mrs. Cartwright -nav
Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
Mayor Sullivan called recess at 8:20 p.m. and reconvened the meeting at 8:30 p.m. All members
were present.
~rEW BUSINESS
Ao
~llpro.3'$~mTrust Bank_Paying Loan Bid (Gas Tax Revetlge Bond) nd Authorize City Manager to
~Vaiv~ Bid Procedures al!~l Contract with Bond Counsel for l~ument Preparation (Finance Director
Transmittal 8/5/98~ Sulranary of Bid Information. 8/6/98 Quote )
The Finance Director gave a brief presentation.
MOTION by Neuberger/Wininger
I move to approve the SunTrust bid, and authorize the City Manager to waive bid procedures
and contract with Bond Counsel for the specified amount to prepare the documents in the amount of
$7,500.
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
B. Formation of Charter l~eview Committee ~q~q_Backup)
The City. Manager suggested adopting an ordinance for a charter amendment to establish a committee
and regular charter review process.
TAPE II - SIDE I (8:50 p.m.)
// 'k
Regular City Council Meeting
August 12, 1998
Page Eight
98.156 C.
Mrs. Wininger asked "I would like the City Attorney to write an ordinance for us so that we can place
this matter on the ballot in March for the establishment of a charter review commission to
periodically, and I would need the consensus of Council, I'm going for seven years, I think Mrs.
Cartwright said ten and someone else said five, every seven years to review the charter."
Mrs. Cartwright asked that she take out the time frame for now and Mrs. Wininger agreed.
Mrs. Sullivan SECONDED at this time. Mrs. Wininger said she had not yet made a motion, but did
so at this time with the addition of"I would like something by the next meeting."
Mr. Williams said he can come up with a proposed format asking appropriate questions that Council
might want to consider in forming the committee, but could not drat~ an ordinance until directed on
what to put in it. ..
The City Manager suggested a workshop on September 2 for review.
MOTION and SECOND were amended to withdraw a draft ordinance and prepare for the workshop
on September 2.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mm. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
Purcll~..e Of Toro Greensmastet for Qolf Course from I-[ec~or TurfLDeerfield Beach at GSA
Contract Pfice,.of$15LlS1,32 (Asst. to (~ity Manager/P.ur~asing Transmittal 7/28/98, Budget Page)
Discussion took place on Golf Course equipment replacement, whether ISS was to provide equipment
accordance with its contract, and the fact that the equipment is purchased with enterprise funds.
MOTION by NeubergedCaw'zight
I'd like to make a motion for approval for $15,181.32.
ROLL CALL:
Mrs. Sullivan - nay
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - ave
Mr. Paul - ave
MOTION CARRIED 4-I (Sullivan - nay)
Regular City Council Meeting
August 12, 1998
Page Nine
98.157~/ D.
97.156
98.157B/ E.
97.156
Approve First Amendment ~O Agreement with St. Johns Riyer Water Management District, ~O Exten4
Contract 97W278 for.Main Street Baffle Box_and Filtration System to 1/9/99 fAc, ling Public Works
Director/City l~rlgineer TransmjRal 7y24/98, Amcrl0lllent)
The City Engineer gave a brief presentation.
MOTION by Neuberger/Cartwright
I move to approve amendment to Contract #97W278 with St. Johns River Water
Management District extending contract to January 9, 1999.
VOICE VOTE on the motion carried 5-0.
Appro..y~ q;Ootract No. WM708 with D~artmenLof Environment~ll Protection_for Stol:m~ater
Improvements and Authorize City M~tl~itger to.~ljte (Acting Publj~: Works Director/City Erlgi~er
Transmittal 7/22/98, Contras0
The City Engineer gave a brief presentation on the contract originally begun in 1996 by John Hill,
Craven Thompson; and exhibited the City's obligations under this contract and budget for the
projects (see transmittal attached). The City Engineer stated references to Craven Thompson can be
removed in certain instances.
The City Engineer assured Council that the former City Attorney had approved the contract; and
agreed that plans should be drawn up showing the project area. It was noted there was a bound book
which had plans for the projects.
MOTION by Cartwrlght/Neuberger
I move to approve Contract No. WM708 with the Department of Environmental Protection
and authorize the City Manager to execute said contract.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 5-0
Regular City Council Meeting
August 12, 1998
Page Ten
98.157C/ F.
97.156
^pprove~ ~Supplemental #9 w~th Masteller & Moiler Contract for Engineering Services for
Reconstruction of Elkgam Dam in th~ Amount of $66,315 (.Acting Public Worl5~. l~irector/City
Engineer Transmittal 8/_5/98, Supplement3
TAPE II - SIDE II (9:37 p.m.)
MOTION by Paul/Cartwright
I move to approve Supplemental Agreement #8 with Masteller & Moler for $66,315.
ROLL CALL:
Mr. Neuberger - aye
Mr. Patti -.aye
Mrs. Sullivan - aye
Ivtrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
98.15o O.
Appropriate Funds fro~l Undistribute!J Non-Departmental~:~unt and Authorize City Manager
Execute Contract wittl $olin and Associates, Inc. for Review an~Revision of Revised Land
Development Co& (City Mantgef Transmittal 8/6/98, Proposed Contract)
The City Manager gave a bdef presentation.
MOTION by Suilivan/Neuberger
I would move approval of the proposed contract with Les Solin and Associates, and
authorize the City Manager to execute the contract and approve funding for the contract from the
undistributed non-departmental account in an mount not to exceed $34,000.
ROLL CALL:
Mr. Patti - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cart~ght - aye
Mr. Neuberge: '~ -.aye
MOTION CARRIED 5-0
I0
Regular City Council Meeting
August 12, 1998
Page Eleven
98.025 H.
98.089 I.
Approve C.R, McLellan Annual Culvert I~stailation Contract Work Orders 40-45 in the Amot,trlt o(
$45.272.75 (Acting Public Works Oirector/City__Engine~r Transmittal 8/.~4/98)
The City Engineer said these are f~xed unit prices and vary depending on what the needs are.
MOTION by Neuberger/Cartwright
I move to authorize Work Order/t40 through #45 to C.1L McLellan in the amount of
$45,272.75.
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan. - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
E'irst R~a~t~g of Ordirlittlge NO. 0~98-10 - Code Enforcement Procedures - Set Public }-J. caring for
September 9,_! 998 (City Manager T,,'at~rnittal 8/6/98LO-98-10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORID& AMENDING A PORTION OF CHAPTER
2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD;
PROVIDING FOR PRESENTATION OF CASES TO THE Ct)DE ENFORCEMENT BOARD BY A MEMBER OF THE FLORIDA BAR;
PROVIDING FOR THE RECOVERY OF ALL ~ INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT
BOARD; PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR REPEAL OF
ORDINANCF.,S OR PARTS OF ORDINANCE-q IN CONFLICT HEREWITH; PROVIDINO FOR CODIFICATION; PROVIDING FOR
SEVERABILYrY; AND PROVIDING FOR AN EFFE~ DATE.
The City Attorney read Ordinance No. O-98-10 by title only.
Following a lengthy discussion and input from Council members on proposed changes,
TAPE III - $1DE I (10:25 p.m.)
the City Manager suggested this ordinance be deferred to the August 19, 1998 workshop after the
false alarm ordinance. City Council concurred.
11
Regular City Council Meeting
August 12, 1998
Page Twelve
98.0a6 J.
98.158 K.
MOTION by Cartwright/Sullivan
I move to extend the meeting to 11 pm.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Camvright - aye
Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION CARRIED 4-1 (Paul - nay)
Mrs. Wininger was excused at 10:30 p.m.
Change O_rdcr for Asphalt Recycling£or Milling D~ml~s~y and Braddock Streets fbr
Additional $7,773.52 to l~xisting P_urcha~e Or~¢r.(.Acting~ublic Works Director/CJkv Engirl~r
Transmittal7~24~98, Ci~ Manager Mem~ 7_/:~3J.98, City_Engineer Menlo 7/23/93LCh.ange Order #)
MOTION by Neuberger/Cartwright
I'll move to approve change order with Asphalt Recycling for $7,773.52.
ROLLCALL:
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - absent
MOTION CARRIED 4-0
Questions Regarding thc AnsFering of Oues~ij..orl$ 9n an Application to be a Member of fill
~onstmction Board (City Manago' Transmittal 8/6/9g~Al~plication. Code Section)
Mr. Williams said the applicant is apparently representing that he misinterpreted the application
question "Have you ever been convicted of any felony or any misdemeanor involving moral
turpitude in this or any state?" He said the code does not provide this as grounds for removal for
cause, but Council can remove a member without cause by a vote of four Council members, but
suggested Council give Mr. Smith the oppommity to be heard.
Mrs. Cartwright asked "Tonight we could move to have a heating whether or not to remove Mr.
Smith without cause and we would schedule that as a hearing." and Mr. Williams responded "That's
the way I interpret it and then you would notify, him of that." He noted that the application form is
inconsistent with the code relative to removal for misrepresentation or omission of information on the
application form.
12
Regular City Council M~ting
August 12, 1998
Page Thirt~n
98.159
MOTION by Camvright/Neuberger
I move to have the City Clerk notify Mr. Smith of a special hearing on September 2 at 7:00
pm to determine whether or not to remove Mr. Smith fi.om the Construction Board.
VOICE VOTE on the motion carried 4-0.
November_an, d_December City Council Meeting Sch~q[ules_{Ci[v Clerk Transmittal 7/27/98,
Calendars)
MOTION by Cartwright/Sullivan
i move to adopt November 4 and November 18 as the Regular Council Meetings in
November, December 2 and December 16 as the second regular meeting in December.
VOICE VOTE on the motion carded 3-1
16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 10:55 p.m.
Approved at the
,1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
13
122E MAIN STRE=-'T c~ SEBASTIAN, FLORIDA`
TELEPHONE (E61~ ~89-~330 ~ FAX (E61)
MINUTES
SEBAS~N CI~ COUNC~
SPECIAL MEETING
QUASI-JUDICIAL HEARING(S)
WEDNESDAY, AUGUST 19, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the Special Meeting to order at 7:15 p.m.
The Pledge of Allegiance was recited.
~OLL CALL
City Coun¢l,Pre~ent:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
City Council Absent:
Mr. Larry Paul (excused)
StaffPresent:
City Manager, Thomas Frame
Acting City Attome3,, Timothy Williams
Growth Management Director, Tracy. Hass
Deputy. City Clerk, Sally Maio
Special City Council Meeting
August 19, 1998
Page Two
4. QUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTIOFi
98.018 A.
~¢solution No. R-98-35 - S~bastian Lakes Planm;d Unit Development Residential (_PUD-R)
Preliminary O~¢lopt~¢~t plarffPrel~inary Plat (Growth Management Director Transmittal 8[ 12/98,
R-98-35,.P,p. plication, P & Z Minute~._$taffReport and Location Map, PreljlBinam. Plan Under
Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE
PR~IJMINARY DEVELOPMENT PLAlq FOR SEBASTIAN LAKES PUD; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLIrrIoNS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Resolution No. R-98-35 by title only and Mayor Sullivan opened the hearing
at 7:16 p.m.
The Deputy Clerk swore in those affected parties who intended to otter testimony.
Applicant Presentation
Applicant, Lennar Northeast Partners Limited Partnership, was represented by Attorney Warren Dill,
who introduced Chuck DeSantis of Lennar; Dan Handler and Bill Handler of GHO Homes; Joe
Mayer of Bussen-Mayer, Engineers for the project; and Andy Witkin, Landscape Architect for the
project. Mr. Dill gave a background on the project and submitted documents for the record as
follows:
1. Resolution No. R-98-5 - Conceptual Development approval for Sebastian Lakes PUD
2. Developers Agreement Relating to Sebastian Lakes dated 2/9/94
3. Agreement dated 10/4/96
Chuck DeSantis offered his background in planning for the record, and displayed project, model
home, and landscaping plans for the Council and audience.
Andy Witldn displayed and explained the revised landscape plan.
TAPE I -SIDE II (8:00 p.m.)
Inquiry 0fApPlicant or Agl~licant's Witnesses by Coun il/Board (gr Staffor Applicant or Other
~ffected Parties through Mayor or Presiding. Officer)
Lennar representatives responded to questions from Council. Concerns were expressed about lack of
two permanent entrances, and perceived insufficient par'king areas. Discussion took place on the
drainage plan. Mr. Mayer said he was not opposed to adding a second outfall, but that St. Johns
River Water Management District permit was amending its permit and suggested allowing them to
guide this decision. He said the emergency entrance is proposed to be used as the construction
entrance. It was noted that adjacent area residents had strongly opposed a permanent second
entrance into their neighborhoods during conceptual approval.
Special City Council Meeting
August 19, 1998
Page Three
Discussion continued on landscaping and concrete vs. asphalt sidewalks.
Mrs. Cartwright requested inclusion of"phase C in 84 months" in condition 2 since it had been left
out.
proponents' T~stimony
Opglon~n~$' Presentation
Captain Albert Phillips, 1138 Breezy Way, Sebastian, said he preferred one entrance for security
purposes.
TAPE II - SIDE I (8:47 p.m.)
Arthur Bauer, 1164 Breezy Way, Sebastiar~ opposed any more commercial development.
Joseph Palermo, 1125 Breezy Way, Sebastian, recommended a second entrance at Laconia Street.
Louis Palle, 1112 Breezy Way, Sebastian, had nothing further to add.
Eva Schofield, 1106 Breezy Way, Sebastian, recommended a second entrance and submitted a
petition with 15 signatures (see attached)
Gary Williams, 1205 Larkspur, Sebastian, said he had not received letters relative to Sebastian Lakes
issues and asked questions about landscaping and recreation.
Roger Care,y, 1202 Larkspur, Sebastian, spoke on behalf of a committee of approximately 75
adjacent residents, reiterating their strong objection to a second entrance.
~ff Presentation
The Growth Management Director stated that the submitted plan is consistent with the Land
Development Code, Comprehensive Plan and Code of Ordinances; and said that staff and Planning
and Zoning are recommending approval. He listed conditions as stated in the staff report (see
attached) and resolution with minor amendments as follows:
1. Change the C~,te of buffering plan in condition 7 to 8/17/98
2. Addition to condition 2 to add "phase C in 84 months"
He noted the St. Johns permit (condition 4) is being revised; and recommended consideration of
rezoning of the library, tract to Public Service, as agreed to by Indian River Countv and the developer,
during the cit'-wide zoning that is anticipated.
Inquiry. o~' Staff ~ Co~cil/13oard
Discussion took place on rezoning the library tract and the correct spelling of Grandeur.
Special City Council Meeting
August 19, 1998
Page Four
Informational Testimony
~onc.
Applicant's Rebuttal Presentatiorl
Mr. Dill concluded his presentation by requesting approval as presented with amendments suggested
tonight,
Discussion took place again on one vs. two permanent entrances. Mr. DeSantis said there are four
options for gating the emergency entrance and said it will be addressed at final plat.
it was the consensus of Council to require concrete sidewalks along Laconia and Grandeur as
condition 8.
Close Hearing
Mayor Sullivan closed the hearing at 9:30 p.m.
MOTION by CartwrighffSullivan
I move to approve Resolution 98-35 as amended.
Mrs. Cartwright said "what we approved tonight was the amendment to number 2 for the phase C
and the addition of the requirement of concrete sidewalks as number 8". The Deputy Clerk noted
also "the change of the date to number 7 to 8/17/98".
ROLL CALL:
Mrs. Wininger - aye
Mrs. Canwfight - aye
Mr. Neuberger - aye
Mr. Paul - absent
Mrs. Sullivan - aye
MOTION CARRIED 4-0
5. Being no further business, Mayor Sullivan adjourned the Special Meeting at 9:32 p.m.
Approved at the
,1998, Regular City Council Meeting.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Ruth Sullivan
Mayor
4
City of Sebastian
1225 MAIN STRE_='i' g SEEASTIAN, FLORIDA '~-
TELE,=HONE (~fil) ~fl9-~330 : FAX (561)
SEBASTIAN CITY COUNCIL
WORKSHOP
MINUTES
WEDNESDAY, AUGUST 19, 1998
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called thc Workshop to order at 9:45 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
City (~ouncil Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
~itv Council Absent:
Mr. Larry Paul (excused)
~Iaff Preaent:
City Manager, Thomas Frame
Acting City Attorney, Timothy Williams
Chief of Police, Randy White
Deputy City Clerk, Sally Maio
Administrative Assistant, Linda Galley
City Council Workshop
August 19, 1998
Page Two
98.107
98.089
WORKSHOP ITEMS
A. Review Proposed False Alarm Ordinance_{Proposed Ordinance)
Chief of Police, Randy White introduced Ron Walters, Florida State Coordinator for Alarm Industry
Research and Educational Foundation Model States Program, who gave a brief video presentation on
the problems caused by false alarms; and briefly explained the Model States Program and proposed
ordinance which establishes a system which promises a 25 to 60% decrease in false alarm calls. He
said the service is grant funded and of no cost to the City.
Following Mr. Waiter's presentation, it was the consensus of City Council to proceed forward with
review of the proposed ordinance.
It was requested that a Police Department false alarm report obtained by Mr. Neuberger be
distributed to the rest of Council. The importance of requiring building permits for alarm system
installers was discussed.
l~exiew Pr~0.~t Ordinance_No. O-98-10 - (20qt¢ l~rlforCement Proc. e~dures (Please Bring 8/12/98
A~ndaBookPag~ 139-152 - Als~ PfoyiqIcd CBI'Le/I~ Code Page~ on Code Enforcement)
It was the consensus of City Council to schedule an executive caucus on Monday, August 24, 1998
at 7 pm and upon completion, conduct a workshop to address proposed Ordinance No. O-98-I0.
Being no further business, Mayor Sullivan adjourned the workshop at 10:32 p.m.
Approved at the
,1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Telephone (561) 589-5330
FAX (561) S89-5570
Subject: Recreation Advisory Committee
Approved for Submittal by: City Manager
Exhibits: Four Applications, Member Lisk Advertisement
Agenda No. 9~-.
Department Origin: City Clerk/~
Date Submitted: 8/18198
For Agenda off 8/26/98
Expenditure Required:
N/A
· ] '
Amount Budgeted: Appropriation Required:
N/A N/A
SUMMARY STATEMENT
This office advertised for the Recreation Advisory Committee altemate member vacancy due to a recent
resignation and received one new application from Andrea Coy. Three other applicants, Nancy Pfister,
John Danise, Jr. and Murray Baker have had applications on file and have been notified of this current
opening.
[d~COMMENDED ACTION
Interview the applicants, unless waived by Council, and appoint one member as follows:
1) Alternate Member Position - Term to expire De~¢mber, 1998
[t~qrREATION ADVISORY COMMITTEE
4.
5.
6.
7.
8.
The pm~at or his/her design~ of the Sebastian River Area Little Lea~e, Inc.
The prezident or his/her designee of the Sebastian Panthers, Inc.
The pmidmt or hiz/l~r de~ign~ of the Sebastian Soccer Association, Inc.
TI~ ~ or his/her d~ign~ of the Sebastian Old Boys.
The ~ or hi,lin' d~ign~ oft. he Friendly Tennis Group.
The ~ or bix/her d~igne~ oftt~ Sebastian River Art Club.
The ~ or biz/her de~igne~ of the Cratt Club of Sebastian.
Th~ Cay of Seb~tian's appointed member of the Indian River Court .fy Par'ks and Recreation
RANDALL SlqYl)~
11176 MULBERRY STREET
SEBASTIAN, FL 32958
58%8494
REPRESENT5: I~BASTIAN RIVER. A_R~-~ LITTLE LEAGUE, INC.
APPOINTED: 12/1997
TERM EXPIRES: 12/2000
MAURA RAYBORN
155 HARRIS DRIVE
SEBASTIAN, FL 32958
388-3820
REPRESENTS: SEBASTIAN PANTHERS, INC.
APPOINTED: 12/1997
TERM EXPIRES: 12/2000
CORY RICHTER
489 QUARRY I. ANE
SEBASTIAN, FL 329511
388-9341
REPRESENT$: I~tASTIAN SOCCER ASSOCIATION, INC.
APPOINTED: 12/1997
TERM EXPIRES: 12/2000
CLIFFORD MO~S
479 C'~PLY TERRACE
SEBASTIAN, FL 32958
388-2661
REPRESENTS: SEBASTIAN OLD BOYS
APPOINTED: 12/1997
TERM EXPIRES: 12/2000
VIRGINIA ~CHOLS
238 COLUMBIA AVEN'UE
SEBASTIAN, FL 32958
383-3512
RE?RESENTS: FRIENDLY TENNIS GROL?
APPOI'NTED: 12/1997
TE~M E."G)IRES: 12/2000
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MARJORIB $CHAUB APPOINTED: 12/1997
463 PER_n,VINKLE DRIVE TE1LM EXPIRES: 12/2000
SEBASTIAN, FL 32958
589-4765
REPRESEN'I3: SEBASTIAN RIVER ART CLUB
ROBERT BATES APPOINTED: 12/1997
330 MAIN STREET TERM El@IRES- 12/2000
SEBASTIAI~ FL 329511 '
589-9842
REPKESEN'I~ SEBASTIAN RECREATION ADVISORY BOARD
NANCY DIAMO~ APPOINTED' 1o/1997
437 SEAGRA~ AVENUE TERM EXP~ES: 1~i2000
SEBASTL4~ FL 32958 .
3It3-1833
REPRESEN'I~: INDIAN RIVER COUNTY PARKS AND RECREATION BOARD
CAROL MC_.I~NNELL APPOINTED: 12/1997
542 BREAICI~ATER TERR. TERM EXPIRES: 12/2000
SEBASTIAI~ ~ 32958
3811-1627
REPRESENIR CrrlZEN-AT-LARGE
LARRY VICIIJ~R~ APPOINTED: ~/11/98
1097 GARDE3FIA STREET TERM EXPIRES: 12/1999
1ST ALTER~TE
DAVID ~~.~ ~ APPO~rTED: 12/1997
1150 COVERBROOK ~ ..--'- TE~%! EXPIRES. 12/1998
SEBASTIA,X FL 32958 ~ '
2NT) ALTER,~__~~ '~-~ ...
............................................................................................
AUGUST 6, 1998
lP_2~ MAIN STFiE_~T o SF:~ASTIAN, FLORIDA
T~LE,=HC>NE (E81) E89-~0 o FAX (581)
!
!
PRESS RELEASE
RECREATION ADVISORY COMMITTEE
TIlE CITY OF SEBASTIAN IS SEEKING AN ATEKNATE MEMBER FOR THE
RECREATION ADVISORY COMMITTEE. APPLICATIONS ARE AVAILABLE AT TI-IE
CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA
BETWEEN THE HOURS OF 8:00 A.M. AND.4:30 P.M..,MN'I) WILL BE AC'CEPTED
TI-~OUGH FKE)AY, AUGUST 14, 1998.
APPLICATION TO_.S[RVI~ ON CITY BOARD/COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: t~ tx.5
HOME ADDRESS:
HON~ ~HOI~:
3~-Oq~ \ HOMEFAX:
BUSINESS: ~-~CO-~ ~_4~ ~~
BUSINESS ADDRESS: !~-5 //~
E-MAlL:
£~ ac.f__i~c~o&,~ got.-
BUSINESS PHONE: BUSINESS FAX:
ARE YOU A REGISTERED VOTER? ~£_5 VOTER REG. N0.
HOW LONG HAVE YOU BEEN A RESIDENT' OF SEBASTIAN?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
DO YOU PRMSENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? fO0
WHICH BOARDS/COMMITTEES?
PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF
PREFERENCE WITH FIRST CHOICE BEING/ti:
BOARD OF ADJUSTMENT
CODE ENFORCEMENT BOARD
CONSTRUCTION BOARD
HANDICAPPED SELF-EVALUATION COMNflTTEE
'PLANNING AND ZONING COI~fl~flSSION
POLICE RETIREMENT BOARD C'F TRUSTEES
RECRF_~TIONAL ADVISORY BOARD
TREE ADVISORY BOARD
OTHER TEMPORARY COMMITTEE
(~,'R.[TE IN COMMITTEE NAME)
PPLICABLE EDUCATION AND/OR EXYERIENCE: (att~h separate resume if necessary)
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REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE:
LiST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OK COMMITTEE:
HAVE YOU EVEI( BEEN' CON~CTED OF ANY FELONY OR. ANY MISDEMEANOR.
INVOLVING MORAL TURPITUDE IN THIS ORANY STATE? f~ O
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE oNE(s) SELECTED
ABOVE? ~ L~.~
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I hereby ~ thai I ~m qualified to hold tl~ position for which this application is made. Further, I hereby
authoriz~ thc City of S~astian to inv~tigal~ th~ lxuthfidn~ss of all information which I have provided in this
application. I uncl~'~d tha~ any misrepr~on or o~,~ission of information requ~l~l in this
applicalion is cau~ for disqualification or removal.
I have been provided wi~ read and undcrstmd City of Sebastian Code of Ordinances Sections 2-I(~6 through
2-173 (~"-~ched'). Information retativ¢ to a specific board or co~_available
Applicant $ignatu~
Subscribed and swem to before me this }% day of .i}~-(.tSt,./_.~.V ICRC/CC, by
Ac c\c_ 'q g.
, who is personally known to me, or has produc,~
(~ &C~C~' CC~' ~ '~' ~]C -~-C. ~ iden£ificadon.
, . '. KERRYk GORR
"'" a MY COMMISSION # CC 744443
; '. ,,~, ' EXPIRES: May 20, 2002
~ . ,, ~:~I~KI ~l~J Nolary Public
ANDREA B. COY
333 Pineapple Street
Sebastian, Florida 32958
Residence (561) 388-0961
OBJECTIVE
A management/supervisory position in recreation and leisure activities. To use my skills as a
program manager, trainer, facilitator, organization analyst, and negotiator to enhance recreational
programs, improve customer service, and encourage individual excellence.
HIGHLIGHTS OF PROFESSIONAL QUALIFICATIONS
Bachelor of Science degree in Physical Education - Masters degree in Education
Four years experience as Sports Director, Recreational Facility Manager, and Instructor
Three years experience as a Malcolm Baldrige examiner, trainer, and consultant.
Seven years experience in Equal Opportunity program management and training design.
Designs and conducts specialized training for senior and subordinate personnel.
Computer literacy in various word processing, spreadsheet, and graphics programs. Designs
and prepares training materials, visual aids, pamphlets, and videos.
PROFESSIONAL ACHIE~MENTS
PROGRAM - Served as Sports Director. 'Coordinated athletic programs and outdoor
MANAGEMENT recreation activities to support 10,000 soldiers and their family members.
Responsible for facility and equipment maintenance and ordering supplies to
support 14 gyrnnasiums, 10 pools, and numerous athletic fields. Coordinated and supervised special
events and activities such as the 4th of July and "Cherry Blossom" celebrations and IndianHead
Olympics.
- Supervised and managed 76 Equal Opportunity Advisors and programs at
20 locations' throughout the United States. Conducted staff' assistance visits to assess EO climate
and programs affecting 36,000 personnel. Reported findings to CEO and local senior executives.
Designed and implemented organization Affirmative Action Plan.
PROGRAM - Designed and implemented .ad-my War College EO programs, training,
DESIGN AND and Affirmative Action Plan. Conducted educational programs in
ADMINISTRATION conjunction with ethnic observances. Served as guest speaker on EO
issues for local programs and special events. Received and took action on
all EO complaints. Produced videotar~e orientation of the War College and local area tbr tbreign
dignitaries/students. Copies of this videotape are sent annually to incoming students and are
maintained bv militarv liaison officers in embassies around the world.
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Aadrea B. Coy
Page 2
TRAINING
MANAGEMENT
AND TRAINING
DESIGN
- Redesigned lesson plans for entire 7-week Physical Activities
Specialist Curse. Served as primary instructor and class advisor
for 10 iterations of the course.
all Army personnel stationed in Japan (minus Okinawa).
training programs to meet organization needs.
Supervised drug & alcohol training and urinalysis testing programs fbr
Designed and conducted specialized
MALCOLM BALDRIGE - Worked for the Chief of the Strategic Planning Office serving
EXAMINER, TRAINER, sixteen installations. Prepared and conducted briefings on Baldrige
AND CONSULTANT criteria, benchrnarking, key business drivers, and action plans.
Conducted FY 97 on-site feedback and staff assistance visits at Fort
Sill, OK, Fort' Rucker, AL, and Fort Lee, VA. Worked with Chief to develop an organizational
strategic plan measured by Baldrige criteria.
SALES AND
MARKETING
social activities.
- Solo Army recruiter in Delaware County, New York covering
fourteen High Schools. Acquired extensive public relations and
communication skills during numerous speaking engagements and
Met or exceeded recruitment goals for 36 months.
EDUCATION
Master of Education in Training and Development, Pennsylvania State University, 1993.
Bachelor of Science in Education, State University of New York College at Cortland, 1980.'
Certificate, Defense Equal Opportunity Management Institute CEO Staff Advisor Course), 1989.
EMPLOYMENT CHRONOLOGY
10/97 to Present
10/96 to 9/97
3/93 ~to 9/96
4/89 to 2/93
2/88 to 3/89
3/86 to 2/88
6/84 to 2/86
5/83 to 5/84
1/79 to 4/83
4/76 to 12/78
Retired - 21 years Active Duty U.S. Army
Malcolm Baldrige Examinerfrrainer/Consultant
U.S. Army Training and Doctrine Command, Fort Monroe, Virginia
Equal Opportunity Staff Advisor
U.S. Army Training and Doctrine Command, Fort Monroe, Virginia
Equal Opportunity Staff Advisor
U.S. Army War College, Carlisle Barracks, Pennsylvania
Education Coordinator for Drug & Alcohol, Camp Zama, Japan
Sports Director/Facility Manager, Camp Zama, Japan
Instructor, Soldier Physical Fitness School, Fort Ben Harrison, Indiana
Sports Director, ? Inthntry Division, Camp Casey, Korea
Field Recruiter, District of Albany, Oneonta, New York
Protocol Clerk. XVIII Airborne Corps, Fort Bragg. North Carolina
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APPLICATION TO SERVE ON CITY DQARD_
(Ail City Board and Committee Members Must be Residents of the
E-MAIL:
HOME ADDRESS: ~,~ (~ ~ ~/i® ~ ~
HOmE ~HON~: ~-Y~[-% %a L Ho~ FAX:
susn~ss ~D~SS: ~:Z~ ea~,,~.%o,-~ ~.
BUSINESS PHONE:~6~~ -/;"l- ~'0~ BUSINESS FAX:
ARE YOU A REGISTERED VOTER? ~'[ ¢ ~
HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
E-MAIL:
VOT~¢ ~O. NO. Y~?O~' f
DO YOU PRESE-'NTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMYFI'EES? ;lb o
PLEASE CHECK THE BOARDS ON WHICH YOU ARE [NTERES~D Eq SERVING IN ORDER OF
PREFERENCE WITH FIRST CHOICE BEING #1:
BOARD OF AD~US'r~ . -,
CODE ENFORCEMENT BOARD
CONSTRUCTION BOARD
'F, AND[CAPPED SnLS-~VALUArmN C0~,~"r~-E
~PLANNING AND ZONING COMMISSION
POLICE ~.~MENT BOARD OF TRUST£ES
R. ECRSATIONAL ADVIbORY BOARD
TRJ~E ADVISORY BOARD
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APPLICABLE EDUCATION AND/OR. EXPE~R~q~ ~ CE: (attach separate resume if necessary)
REASONS FOR WANTING TO SEKVE ON BOARD OR. COMMITTEE:
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY OR ANY MISDEMEANOR
INVOLVING MORAL TURPITUDE IN THIS 0R ANY STATE/
wou..~ You cossm~, s~.~.v~o os ^ ~o,uu:, o'r~. ~ ~ o~(s)
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hemb~
authoriz~ th~ City of Sebastim to invesfigat~ thc truthfulness of all information which I have provided in this
application. I understand that any misrepresentation or ommi~ion of information requested in this
application is cause for disqualification or removal.
I have been provided with, r~l and undemand City of S~astian Code of Ordinances Sections 2-166 through
2-173 (attached). Information relative to a ~pecific board or committee'.
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$ TO SEKVE ON BOARD OK ~ :( dMI F, EE:
NY I-'ELONY OR AI~ MISD£MEANOS.
0RANY STATE/ /~cO I
~o'~ o~ ~ ~ ores) s~
[fioa for ~ch ~s application is made. F~
m~ of ~ ~omafion w~ch I Mve pro
on or o~mi~ion of ~o~afion ~um~
Subscribed and sworn to before me this ~ day of ~"U~ 6 lqO-~.~ -by
~-~Ne~ ~-P~.~e..~ , who~ is p~onally ~mm to me, or h~ pr~uc~
~ ~o ~ ~ '~ ~ ~ ~ identification, m
Not.~. Public, State of Florida ~
~ta~ Pub~ S~ of ~
~x~-~Q~appJicat.~d ~mm. No. CC596739
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2.
3.
4.
5.
NAME:
HOME ADDRESS:
HOME TELEPHONE:
APPLICATION TO SERVE ON CITY ~i4D~~. ~.--\
BUSINESS:
BUSINESS ~JDDRESS:
~. soci.,, SECURITY
8. DRIVERS LICENSE ~ER: f ,~,O -,_~'¢/- ,.,C'/-,¢Q./~,D- - 42)
9. RESUME OF EDUCATION AND EXPERIENCE: ~ ¥~. A~ ~¢~ ,
(use additional sheets if necessary or submit resume if available)
10. Voter registration no.
11.
12.
13.
14.
Are you a resident of the City? Yes.~ No
Length of Residency
Do you hold a public office? Yes~ No
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 ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
H~ICAPPED COMMITTEE
16. What qualifications do you have to serve on this board?
17. What reasons do you-have for wishing to serve on an advisory
board?
8. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes No .~'
19. Would 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
information which I have provided in this application.
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand ~hat 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.
Subscribed and sworn to _before me this /J~ day of f~/ ,
to me or has ~rod/~d f~. ~j~w?~ as identification.
(SEAL)
Nora'-Public, State of F~o~ida
Name of Notary (Printed or Typed)
Commission No.
~ws-form~aDplication
.
3.
4.
5.
6.
7.
APPLICATION TO SERVE ON CITY BOA
/~/ ~ ~r~ ~ ~, ...-. \~.~
: ~ ,: ._ ~..- ~ ,~,
. . · ~.' ~ '. ~ ,. O&:L,.'
sUSZNESS AODR SS
8. DRIVERS LICENSE NUMBER: ~_O'~d
9. ESU E OF EDUCATION
(use additional sheets if necessary or submit resume if available)
10. Voter registration no. ~/~ 7
11. Are you a resident of the City?
Yes ~ No
12. Length of Residency
13. Do you hold a public office?
14. Do you serve on a City Board at present?
Yes__ No.~
Yes No X.
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 ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE/
16. What qualifications do you hav~ to serve o~ this board? ,,,
' .-~' ' , -x-~ ~- ~ ' .--'-'~'-' ~ ~. · : ~ -J. ~., >/ - ~ " ~ _ '
~ / _
17.What reasons do you have for wishing to serve on an advisory
board? ~- ..,
~ 6/ ~"~
18. Have you ever been convicted of any felony or any
misdempanor involving moral turpitude in this or any state?
19. Would you consider serving on another Bgard 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
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.
Subscribed and swQrn to before me this /;6 day of ~~/ ,
19 ~, by ~-~W ~//~,.~. ~ ,Wis personally ~n
tO m~ or has produced f~Z~. &~. as identification.
Public, s ate of * rida
,' ~:~=O~&-~:'i ~'~"'~'~'~':~ ........ ~, Name of Notary (Printed or Typed)
Co~m±ssion
//~.~ws-form~ap~lication
,John L. Danise, Jr.
164 SW Coply Terrace
Sebastian, FL 32958
DOB: 10-2540
561-589-4278
RESUME
USPTR Certified Tennis Professional
USTA Level 1 Sport Science Coach
USTA/USPTR National Clinician
Florida Athletic Coaches Association
AAU Coach
Professional:
President, Florida Division USPTR
District 15 Director USTA,rFlorida
Board Member, Central Florida Tennis Officials Association
District 15 Schools Coordinator
District 15 Co-chair Community Development
USTA/Florida Sectional Evaluator and Trainer
Junior Team Tennis Coordinator
Sebastian River High School Girls Tennis Coach
Experience:
1991 to May 1997
John Danise School of Tennis,. at Timber Ridge Tennis Ranch, Vero Beach, FL, Director
o~Tennis.
Duties include: Teaching private and ~oup lessons, conducting clinics for ladies and
junior teams, coaching USTA Local Excellence Training Program for ranked junior players,
conducting USTA adult and junior tournaments and conducting USTA Play Tennis Ameri'ca
clinics for beginners.
1989 to 1991
John Danise School of Tennis, at Jungle Club, Vero Beach, FL, Director of Junior
Tennis activities.
Duties include: Teaching private and ~oup junior lessons, conducting and administering
rammer junior termis camps and coaching Junior Team Tennis Team.
Awards, Achievements & Publications
1995
1990
1996
1996
1995
1995
1997
[996
1997
"Partners in Education" Indian River County. School Board.
"Certificate of Appreciation" Exchange Club of Vero Beach - Speaker
Kiwanis Club of Vero Beach - Speaker
"Certificate of Appreciation" USTA Schools Program
Tennis Magazine, "Play it Safe" Tennis Tip
Sebastian Sun weekly Tennis Tip
Florida Tennis "USPTR Florida Advantage"
to Present: Tennis Article "IT'S YOUR .&DVANTAGE" in 50 Plus Lifestyle
Coached Silver Medal Tennis Team ar :~-XU Junior Olympics
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Subject: Recommendations of the
Budget Advisory Committee
City of Sebastian, Florida
Agenda No. ~,
Approved for Submittal by:
Thomas W. Frame, City Manager
Department Origin: City Manager
Date Submitted: August 20, 1998
.~t~~_f~.~.,_.~.___._ For Agenda of: August 26, 1998
* Draft Recommendations for the Budget Review Committee
Expenditure Required: [ Amount Budgeted: Appropriation Required:
n/a [ n/a n/a
SUMMARY
The Sebastian Budget review committee has now been meeting for several weeks
reviewing the proposed budget for the City of Sebastian. The attached recommendations
are in draft format and are submitted now due to time constraints in getting this
information to the City Council in advance of actual budget hearings. The Budget
Review Committee will meet on Wednesday, August 26, to approve the final
recommendations. I f no changes are necessary, these draft copies will become final. If
changes occur as a result of the committee, those changes will be given to the Council the
night of the presentation to the City Council.
A presentation will be made to the Council by a representative(s) of the Budget Review
Committee.
RECOMMENDED ACTION
Accept the recommendations of the Budget review Committee for the Council's review
and consideration of the proposed City Budget for Fiscal Year 1998-99.
BUDGET ADVISORY COMMITTEE
RECOMMENDATIONS TO CITY COUNCIL
DRAFT
The Budget Advisory Committee was approved by the City Council in July 1998. The
Committee, in accordance with its adopted Mission Statement, conducted an in-depth
review of the budget during the period of July 12 through August 12, 1998. The review
consisted of personal contacts, briefings and review of documentation provided by the
City Manager and Staff. The procedures enabled the Budget Committee to address and
clarify gray areas in the budget and forward their recommendations to the City Council
before the established budget deadline. It should be noted that comparison of the current
budget and the proposed 98-99 budget revealed a vast improvement in the preparation,
clarity and submission. It was the Committee's opinion that many of the citizen concerns
and recommendations voiced during last years review were implemented in the proposed
budget. The City Manager, Finance Director and Staff should be commended for their
time and effort in the preparation of the budget.
The Capital Improvement Funds expenditures (budgeted through Discretionary Sales Tax,
FI)RI' grants, gas tax, etc.) were reviewed in-depth and in general approved, as
expenditures would not have a negative effect upon the millage rate.
The Enterprise Funds, (C-off Course, Airport) were reviewed and approved as written. No
action was taken on the Goff Course request for the purchase of mowers, the Council is
looking into this itenx The Budget Committee scrutinized the Operating Expenditures and
found minimal cost reduction.
This report contains the following recommendations for the City Council to direct the City
Manager to investigate and provide a report to the City Council. These recommendations
could result in future savings for the City. Due to the time constraints, it would be
difficult to complete the review for implementation in this years proposed budget.
Limed below are the recommendations/suggestions of the Budget Advisory Committee:
The City Counc/1 should direct the City Manager to study the feasibility of the
reorga~7~tion and transition of the current dispatch system as a back-up system to the
Based on information obtained from City Council meetings, interview of personnel,
and public input, there is a consensus that the above can be accomplished without an
increase in response or reaction time. 'Under present systems, calls are received
simultaneously at the County and City dispatchers. The Committee's opinion is with
the exception of the day light hours (0700 - 1800 hours) the center can be manned by
one dispatcher. During the daylight hours the Communication Supervisor, or a special
police volunteer could assist in the operation. In the event of nighttime personnel
reliefi a.patrolman could be utilized. The study should include any electronic means
(radio, pager, mobile phone, etc.) that can be urged to alert the dispatcher of an
emerging call when on relie~ The Committee recommends hiring of additional
personaei to be delayed until the report i's completed and presented to the Council.
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The City Council should direct the City Manager to evaluate the proposal of a RFP for
employees health insurance. The RFP should start and be completed by the end of the
fiscal year.
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The opinion of the Committee is that there may be other plans available that can offer
tl-. same, if not more, benefits to possibly include complete family coverage at a cost
savings to the City and employees.
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Revisit the hiring of furore poli~ officers by revie-adng the criteria or justification used
in determining the ratio or number of officers required per population.
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the review the Committee had concerns as to whether the criteria of two
o~cers per 1,000 population was e.sub~shed by the State, established by the City
Council, or an arbitrary criteria used by the Local Law Enforcement Agency. It's the
Committee's opinion that other criteria or factors should be considered, such as FDLE
Crime Rate statistics, local area crime statistics, number and types of calls for services,
2 per 1,000 ratio and any other relevant statistics or criteria used in hiring of new
personnel. Even though the request for an additional officer may be partly funded by
Federal Grants, it is recommended that any hiring of new personnel, except as
replacement, be delayed until the new crit~ia is approved by the Council.
4. The City Council should direct the City Manager. to conduct a feasibility study of the
cost/benefit ratio ofmaimaining the Central Garage and Sign Shop operations.
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The Committee questioned whether it was economically feasible to retain these
operations. The study would provide infomafion of the operating costs, number and
costs of fabricating signs, versus outside source purchase. Presently the Staff'is
purchasing vehicles with extended warranties and heavy or complex equipment repairs'
are accomplished by outside sources. The concern is whether under present
operations, minor repairs oflawrdvehide equipment, oil changes, etc. will justify the
costs ofmain~ this operation. The review would determine whether the two'
operations stay as is, have a reduction of personnel, or be eliminated.
The City Council should direct the City Manager to demonstrate and evaluate the
needs of the walking excavator or any other alternative before entering into a contract
or purchasing agreement.
The Committee questions whether the excavator is the right piece of equipment before
entering into a costly long term lease or purchase contract by the City. The excavator
is a complex piece of equipment which would require qualified trained personnel to
operate and to perform the necessary maintenance or repairs. The concerns were,
I whether this complex machine with the potential operating costs, usage limitations and
i cost of the extended contract/lease can best serve the department purposes or needs.
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The City Council should direct the City Manager to investigate and report to the
Council on the potential of upgrading the present retirement system to include defined
benefit or defined contribution or any other plan of a similar nature. The investigation
should include contribution and administrative costs of the plans.
The Committee's opinion is that the current plan should be reviewed to retain and
attract q,,ulified and sldlled employees.
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The City Council should direct the City Manager to review and revise employees' job
descriptions and tifles tO conform with their assigned duties.
Review indicated that employee's tifles (positions) and duties may need to be revised.
Employees tifles, classifications and pay grade should be revised to reflect current
duties and task assignments.
The City Council should direct the City Manager to review the various fees for
services, permits, licenses, and any other fees such as impact, user fees, be increased or
adapted to increase revenue.
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The City Manager should be directed to review present and potential fees to determine
if additional revenue can be gained or generated to cover the cost of doing business.
The present construction boom has an impact on the City services, police, wear and
tear of roads, parks/recreation activ/ties, drainage, etc., the cost of which is paid by the
current taxpayers. Currently the average construction time, once the permits are
received, is 4 months or longer. During this period and one to two years after
completion, the business/home will be taxed on land value, with minimal revenue to
the City. Once the property, is assessed and taxed, the City vail receive revenue on full
ue. During this period City services are rendered and often requested by the new
business and homeowner at minimal or no cost. The Committee recommends that
current tees be increased and additional £ee.s, if identified, be approved to relieve the
shortfall in revenue to the City due to construction.
The City Council should direct the City Manager to prepare a comparison cost/benefit
analysis comparing the City's costs and benefits with participation in the County
MACE program as compared to not participating in the County MACE program.
These recommendations will have a minimal effect of the proposed 98/99 budget, but
could have an impact on future budgets and savings. The various actions would be
reviewed by the Committee prior to submission to the Council. The review would ensure
that the report is sound, manageable and fundable prior to the Council review. The
Committee should meet periodically throughout the year and frequently during the budget
development and approval.
The budget, as written, is sound and will meet the taxpayers concerns. The City Manager
and Staff should be commended on their input and budget preparations.
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City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407)589-5330 [] FAX {407) 58%5570
AGENDA TRANSMITTAL
SUBJECT: Resolution R98-39
Paving Loan
Agenda No.
Dept. Origin:
Finance
Finance Director
Date Submitted: 08/20/98
Approved For Submittal By
For Agenda of: 08/26/98
City Manager ~ ..~~~.~~,~.xhibits: Resolution R98-39
EXPEND I TURE
REQUIRED: $7,500
AMOUNT
BUDGETED: $142,500
APPROPRIATION
REQUIRED: $ 0
SUMMARY STATEMENT
The City received bids from three lending institutions for the Paving
Loan included in the Capital Improvement Budget, with current year
amounts included in the Operating Budget. SunTrust responded with the
lowest current rate of 4.47%, which results in a loan of $3,253,404,
with $7,500 (plus estimated expenses of $500) of bond counsel costs. By
using the same Bond Counsel as the lending institution, the bond counsel
fee for representing the City are minimized. The Bond Counsel has
prepared the documents for the closing of the loan, and a Resolution to
authorize the Mayor, Vice-Mayor, and City Clerk to sign the closing
documents.
RECOMMENDED ACTION
Move to approve the Resolution, and authorize the Mayor, Vice-Mayor,
and City Clerk to sign the documents to close the loan.
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RESOLUTION NO. R-98- _'~'?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA; AUTHORIZING THE ISSUANCE OF
A NOTE OF THE CITY IN THE PRINCIPAL AMOUNT OF
SX,XXX,XXX TO FINANCE COSTS OF ROADWAY
IMPROVEMENTS; PROVIDING THAT SUCH NOTE SHALL
BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM
THE MUNICIPAL FUEL TAX AND LOCAL OPTION FUEL
TAX REVENUES OF THE CITY AS PROVIDED HEREIN;
PROVIDING FOR THE RIGHTS, SECURITIES, AND
REMEDIES FOR THE OWNER OF SUCH NOTE; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
THAT:
Section 1. Authority' for this Resolution. This Resolution is adopted pursuant to the
provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, the Charter of the City of Sebastian, Florida, and other applicable provisions of
law.
Section 2. Definitions. The following words and phrases shall have the following
meanings when used herein:
"Act" means Article VIII, Section 2 of the Constitution of the State of Florida, Chapter
166, Florida Statutes, the Charter of the Issuer, and other applicable provisions of law.
"Business Day" means any day except any Saturday or Sunday or day on which the
Principal Office of the Original Purchaser is closed.
"Clerk" means the duly appointed City. Clerk of the Issuer, or any duly authorized deputy
thereof.
"Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Re~lafions, whether temporary, proposed or final, promulgated thereunder or applicable thereto.
"issuer" means the City of Sebastian, Florida, a municipal corporation of the State of
Florida.
"Mayor" means the Mayor of the Issuer, or in his or her absence or inability, to act, the
Vice-Mayor of the Issuer.
"Note" means the Note of the Issuer authorizeg by Section 4 hereof.
"Original Purchaser" means SunTrust Bank, South Florida, N.A.
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"Owner" or "Owners' means tho Person or Persons in whose nan~ or names tho Nor~ shall
be registered on the books of tim Issuer kept for that purpose in a~.ord~,~, with provisions of this
Resolution.
"Person" means natural persons, firms, trusts, estates, associations, corporations,
parmerships and public bodies.
"Pl~lged P.~vemles" meam (i) that portion of the amount receiv~l by ~e Issuer ~om ~e
revenue ~g ~t ~d for m~p~ides p~t m P~ H, C~p~ 218, Florida S~tes,
~nsfim~g ~ "~~ ~fl~" ~ d~ ~ S~on 218.21(~, Flor~ S~t~, ~t
h ~v~ ff~ ~e ~~ ~ ~ ~s~ p~ m S~fion 206.41(1)(~), ~o~a Stamp,
a~ ~fe~ ~m ~e R~v~ ~g Trusi F~ f~ M~ap~fi~ ~t m Section
206.~5(1) Eo~a Sm~s ~ (i) ~ ~ r=iv~ by te ~r ~ proc~a of te loci
opfion'~ ~ ~o~ ~~ m S~n, 336.0~(1), ~.41(1)(e), ~d 206.87(1)(c), Florida
Smm~ ~ ~p~ ~9 of ~ Co& of Or~s of ~ ~v~ Co~, Florida.
"Princi~ Offcc" means, With respect tn the Original Purchaser, thc °ffie~ loc. amd at 222
Lakcvicw Avenue, Suite 305, West Palm Beach, Florida 33401 or such other office as thc Original
Purchaser may designate to the Issuer in writing.
"Project" mcam the implcmeniation of certain roadway improvements as determined from
rime to time by the ISsuer, including the issuan~ of the Note.
"l~solution' means ~i, P.a~solution, pursuant tn which the Note is authoriz~ to be issue,
including any Supplemental Resolutions adopted pursuant to Section 10 hereof.
"State" m~am the State of Florida.
"Supplemealal Resolution" me. am any resolution ameudamry or supplcmemal to this
Resolution adopuxi by tim ISsuer in accordance with Section 10 hereof.
S~tion.,"' l~solutian Io Co.~rnte a. Contraa. In comideration of the purchase and
acc.~ran~ of the Not~ authorized to ~ issued hereunder by those who slmll be the Owners thereof
from time to time, this l~solution shall constitute a ctmtract between the Issuer and the Owners.
Section 4. bnthorizafion of Note; Rel~'nenr Of R~nd~ Note. ~bj~ ~d ~su~t
ro ~ prov~iom of ~ ~oI~. ~ obhga~n of ~ ~s~r is ~ehy auto. ed to be issu~
under ~a s~ur~ ~ ~is ~sol~ ~ ~ p~ip~ ~o~t of ~,~,~. for ~ pu~osc
of providing ~ m pay ~
prev~l~g ~t ~ndifio~,
Note, it is ~ ~c b~t ~rest afdc 2su~ m ~t ~ off~ of~e ~ig~ ~r~ ro purch~
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the Note at a private negotiated sale. Prior to the issuance of the Note the Issuer shall receive
from the Original Purchaser the disclosure statement containing the information required by
Section 218.385, Florida Statutes.
Section 5. Description of Note. The Note shall be dated the date of its execution and
delivery, which shall be August 27, 1998 unless another date is agreed upon by the Mayor and the
Original Purchaser, and shall have such other terms and provisions, including the interest rate and
maturity date, as stated in the form of Note attached hereto as Exhibit A. The Note is to be in
substantially the form set forth on Exhibit A attached hereto, together with such changes as shall
be approved by the Mayor, such approval to be conclusively evidenced by the execution thereof
by the Mayor. The Note shall be executed on behalf of the Issuer with the manual signature of
the Mayor and shall have impressed thereon the official seal of the Issuer, and be attested with the
manual signature of the Clerk, and the said Mayor and Clerk are hereby authorized to execute and
attest to the Note on behalf of the Issuer.
Section 6. Registration2ndEXchange of.N. ctte; Persons Treated as Owners. The Note is
initially registered to the Original Purchaser. So long as the Note shall remain unpaid, the Issuer
will keep books for the regis~afion and transfer of the Note. The Note shall be transferable only
upon such registration books.
The Person in whose name the Note shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall
be made only to or upon the written order of the Owner. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so
paid.
Section 7. EaT. rnenLofprincipaLang Interest; Limited Obligation. The Issuer.promises
that it will promptly pay the principal of and interest on the Note at the place, on the dates and in
the manner provided therein according to the tree intent and meaning hereof and thereof.
Notwithstanding any other provision hereof, the principal of and interest on the Note shall be
payable solely from the Pledged Revenues. and the Owner shall have no recourse to any other
assets of the Issuer for payment of amounts due on the Note.
The Issuer covenants that forso long as the Note shall remain unpaid, k will take all lawful
action necessary to insure that it remains eligible tc 'receive amounts coratiruting the Pledged
Revenues at the same or greater level as in effect on the date of this Resolution.
Section 8. Additional lndebte,.dne,~. The Issuer will not issue any other obligations or
incur any liability payable from the Pledged Revenues and having a right to payment there.fi'om
that is prior to the right to repayment therefrom of the Note. Furthermore, the Issuer wiI1 not
issue any other obligations or incur any liability payable from the Pledged Revenues unless (i)
there is no Event of Default and (ii) one-half of the Pledged Revenues collected by the Issuer
during the 24 full months most recently concluded preceding the date of issuance of such
additional debt or incurrence of such additional liability shall be at least 1.30 times the maximum
amount of pr/nc/pal and interest or other form of payment scheduled to be made with resvezr to/-~-"x
the Note and such additional debt or liability during any twelve month period after the date of
issuance of such additional debt.
Section 9. f~ompliance with Tax Requirements. The Issuer hereby covenants and agrees,
for the benefit of the Owners from time to time of the Note, to comply with the requirements
applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of the Code to
the extent necessary to preserve the exclusion of interest on the Note from gross income for
federal income tax purposes. Specifically, without intending to limit in any way the generality of
the foregoing, the Issuer covenants and agrees:
(1) to refrain from using proceeds of the Note in a manner that
would cause the Note to be classified as a private activity bond under.
Section 141(a) of the Code; and
(2) to refrain from taking any action or omitting to take any action
if such action or omission would cause the Note to become an arbitrage
bond under Section 103(o) and Section 148 of the Code; and
The Issuer understands that the foregoing covenants impose comin.uing obligations on the
.Issuer to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1
of the Code so long as such requirements are applicable.
Section 10. Ameadment. This Resolution shall not be modified or amended in any respect
subsequent to the issuance of the 'Note except with the written consent of the Owner of the Note.
Section 11. Limitation of_Rights. With the exception of any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Resolution or :the Note
is intended or shall be construed to give to any Person other than the Issuer and the Owner any
legal or equitable right, ,remedy or claim under or with respect to this Resolution or any covenants,
conditions and provisions herein contained; this Resolution and all of the covenants, conditions
and provisions hereof being intended to be and being for the sole and exclusive benefit of the
Issuer and the Owner.
Section 12. Nole_Mutilated, Ilesla'oyed. Stolen ar Lost. In case the Note shall become
mutilated, or be destroyed, stolen or' lost, the Issuer shall issue and deliver a new Note of like
tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such
mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the
Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to
the issuer and complying with such other reasonable regulations and conditions as the Issuer may
prescribe and paying such expenses as the Issuer may incur. The Note so surrendered shall be
cancelled.
Section 13. Imgairmemt of ComracI. The issuer covenants with the Owner of the Note that
it wilt not, without the written consent of the Owner of the Note, enact any ordinance or resolution
which repeals, impairs or amends in any manner adverse to the Owner the rights granted to the
Owner of the Note hereunder.
Section 14. B~adget and Financial Inf~).nnafiom The Issuer shall provide the Owner of the
Note with a copy of its annual budget and such other financial information regarding the Issuer
as the Owner of the Note may reasonably request. The Issuer hereby covenants that it shall
promptly give writ-ten notice to the Owner of the Note of any litigation or proceeding which if
determined adversely to the Issuer would adversely affe~ the security for the payment of the Note.
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Section 15. Event~ o£ De£ault; Remedies of l'qoteholder. The following shall constitute
Events of Default: (i) if the Issuer fails to pay any payment of principal of or interest the Note as
the same becomes due and payable; (ii) if the Issuer defaults in the performance or observance of
any covenant or agreement contained in this Resolution or the Note (other set forth in (i) above)
and fails to cure the same within thirty (30) days; (iii) filing of a petition by or against the Issuer
relating to bankruptcy, reorg,ni;tafion, arrangement, or readjustment of debt of the Issuer or for
any other relief relating to the Issuer under the United States Bankruptcy Code, as amended, or
any other insolvency act or law now or hereafter existing, or the involuntary appointment of a
receiver or trustee for the Issuer, and the continuance of any such event for 90 days undismissed
or undischarged.
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Upon the occurrence and during the continuation of any Event of Default, the Owner of the
Note may, in addition to any other remedies set forth in this Resolution or the Note, either at law
or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction,
protect and enforce any and all rights under the laws of the State of Florida, or granted or
contained in this Resolution, and may enforce and compel the performance of all duties required
by this Resolution, or by any applicable statutes to be performed by the Issuer or by any officer
thereof.
Section 16. Severabili~. If any provision of this Resolution shall be held or deemed to
be or shall, in fact, be illegal, inoperative or unerLforceable in any context, the same shall not
affect any other provision herein or render any other provision (or such provision in any other
context) invalid, inoperative or unenforceable to any extent whatever.
Section 17. Business Days, In any case where the due date of interest on or principal of
the Note is not a Business Day, then payr,.:nt of pr~cipal or interest need not be made on such
date but may be made on the next succeeding Business Day, provided that credit for payments
made shall not be given until the payment is actually received by the Owner.
Section 18. Applicable Provisions of La'a. This Resolution shall be governed by and
construed in accordance with the laws of the State.
Section 19. tg.uJes of Inte,--p ,mati~. Unless expressly indicated otherwise, references to
sections or articles are to be construed as references to sections or arric!es of this instrument as
" ~; ..... he,eof." "here;,nbefore," ~__.
originally executed. Use oft. he words he. em. "hereby, "hereunder," -
"hereinafter" and other equivalent words refer to this Resolution and not solely to the particular
portion in which any such word is used.
Section 20. Captions. The captions and headings in this Resolution are for convenience
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Resolution.
Section 21. Officers arad Employees of the_Issuer Exemptofi-orrt Personald_2abil~. No
recourse under or upon any obligation, covenant or agreement of this Resolution or the Note or
for any claim based thereon or otherwise in respect thereof, shall be had against any
Counciimember of the Issuer, or any officer, agent or employee, as such, of the Issuer past,
present or future, either directly or through the Issuer whether by virtue of any constitution, statute
or nde of law, or by the enforcement of any assessment or penalty or otherwise, it being expressly
understood (a) that no personal liability whatsoever shall attach to, or is or shall be incurred by,
the Councilmembers of the Issuer, or the officers, agents, or employees, as such, of the Issuer,
or any of them, under or by reason of the obligations, covenants or agreements contained in this
Resolution or implied therefrom, and (b) that any and all such personal liability, either at common
law or in equity or by constitution or statute, of, and any and all such rights and claims against,
every such Councilmember of the Issuer, and every officer, agent, or employee, as such, of the
Issuer under or by reason of the obligations, covenants or agreements contained in this Resolution,
or implied therefrom, are waived and released as a condition of, and as a consideration, for, the
execution of this Resolution and the issuance of the Note on the part of the Issuer.
Section 22. /MlrahoriT, ation.q. The Mayor and any Councilmember, and such other officials
· and employees of the Issuer as may be designated by the Mayor are each designated as agents of
the Issuer in connection with the issuance and delivery of the Note and are authorized and
empowered, collectively or individually, to take all action and steps and to execute all instruments,
documents, and contracts on behalf of the Issuer that are necessary or desirable in connection with
the execution and delivery of the Note, and which are specifically authorized or are not
inconsistent with the terms and provisions of this Resolution.
Section 23. Section 265 Designation Note. The reasonably anticipated mount of
m-exempt obligations (other than obligations described in Clause (ii) of Section 265(b)(3)(C) of
the Code) which have been or will be issued by the Issuer during 1998 does not exceed
$t0,000,000. There are no entities which issue bonds on behalf of the Issuer and there are no
subordinate entities of the Issuer. The Issuer hereby designates the Note as a "qualified
tax-exempt obligation~ for purposes of Section 265(b)(3)(B)(i) of the Code. The Issuer hereby
covenants and agrees not to take any action or to fail to take any action if such action or failure
would cause the Note to no longer be a "qualified tax~exempt obligation."
Section 24. Repealer. All resolutions or parts thereof in conflict herewith are hereby
repealed.
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Section 25. Effective Date. This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows:
Mayor Ruth Sullivan
Vice Mayor Martha S. Wininger
Councilmember Louise R. Can-wright
Councilmember Chuck Neuberger
Councilmember Larry Paul
The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of
August, 1998.
CITY OF SEBASTIAN
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Consent:
~ }r~ Williams,
Acting City Attorney
G:'.19709\6\ R¢~*olution.,~lxl
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August 27, 1998 SX,XXX,XXX.00
CITY OF SEBASTIAN, FLORIDA
PROMISSORY NOTE
KNOW ALL MEN BY THESE PRESENTS that City of Sebastian, Florida (the "Issuer"),
a municipal corporation created and existing pursuant to the Constitution and the laws of the Sate
of Florida, for value received, promises to pay from the sources hereinafter provided, to the order
of SunTrust Bank, South Florida, N.A. or registered assigns (hereinafter, the "Owner"), the
principal sum of SX,XXX,XXX.00, together with interest on the principal balance outstanding
at the rate of % per annum (as the same may be adjusted) based upon a year of 360 days
consisting of twelve 30-day months. The interest rate on this Note may be adjusted as hereinafter
provided. .
If for any reas6n the interest on this Note becomes includable in the gross income of the
Owner for Federal income tax purposes (an "Event of Taxability"), this Note shall bear interest
at the rate of ~% per annum from the effective date on which the interest is first includable in
the gross income of the Owner. In addition to the foregoing, the Issuer shall pay any additions
to tax, penalties and interest, and any arrears in interest imposed upon the Owner on account of
an Event of Taxability. All such additional interest, additions to tax and penalties shall be paid
on the next August 27 or February 27 following the date the Owner advises the Issuer of such
Event of Taxability.
The interest rate otherwise borne by this Note shall also be adjusted automatically as of the
effective date of any change in the Maximum Corporate Tax Rate (hereinafter clef'meal), or in the
Preference Reduction Rate, currently 20 %, to the product obtained by multiplying the interest rate
otherwise borne hereby by a fraction, the numerator of which is equal to the sum of (i) the Fully
Taxable Equivalent times 1 minus the Maximum Corporate Tax Rate in effect as of the date of
adjustment, plus (ii) the TEFRA Adjustment in effect as of the date of adjustment, and the
denominator of which is equal to the sum of (i) the product of the Fully Taxable Equivalent times
1 minus the Maximum Corporate Tax Rate in effect on August 27, 1998, plus (ii) the TEFRA
Adjustment in effect on August 27, 1998. :~
A certificate of the Owner as to any such additional amount or mounts, in the absence of
manifest error, shall be final and conclusive. In determining such amount, the Owner may use any
reasonable averaging and attribution methods.
For purposes of this Note,
(1) "Code" means the Imemal Revenue Code of 1986, as amended;
(2) "Cost of Funds" means 100 multiplied by a fraction, the numerator of which
is equal to the total interest expense of SunTrust Banks, Inc., for its immediately preceding
fiscal year and the denominator of which is equal to the average total assets of SunTrust
Banks, Inc. for such fiscal year, but not to exceed the cost of Fed Funds.
(3)
"Fully Taxable Equivalent" means ~%,
(4) "Preference Reduction Rate" means the percentage reduction to be applied
to the amount allowable as a deduction under Chapter I of the Code with respect to any
financial institution preference item (as such term is defined in Section 291(e) of the Code).
If this Note is not or ceases to be a "qualified m-exempt obligation" as defined in Section
265(b) of the Code, the Preference Reduction Rate shall be deemed to increase from twenty
percent (20%) to one hundred percent (100%).
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(5) "TEFRA Adjustment" means an adjustment equal to the product of the Cost
of Funds multiplied by the applicable Maximum Corporate Tax Rate multiplied by the
appl!cable Preference Reduction Rate.
(6) ~Maximum Corporate Tax Rate" means the maximum marginal rate of
federal income tax imposed upon the taxable income of corporations under the Code.
Principal of and interest on this Note are payable in lawful money of the United States of
America at such place as the Owner may desi~ate to the issuer in writing.
Principal and interest hereon shall be paid in consecutive equal installments of $ ,
payable on February 27 and August 27 of each year commencing on February 27, 1999, with a
· final payment of all unpaid principal and interest due hereon on August 27, 2013. If on any
payment date, accrued interest exceeds the installment amount set forth above, the Issuer will also
pay such excess.
If any date for the payment of principal and interest hereon shall fall on a day which is not
a Business Day (as defined in the Resolution (hereinafter defined)) the payment due on such date
shall be due on the next succeeding day which is a Business Day, but the issuer shall not receive
credit for the payment umil it is actually received by the Owner.
All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then
to >ther charges, due the Owner, and the balance thereof shall apply to principal.
The principal of and interest on this Note may be prepaid at the option of the Issuer in
whole or in part at any time. The Issuer shall ~ve the Owner not more than ten, and not less than
five, Business Days' notice of any proposed prepayment specifying the prepayment date, the
principal amount of this Note to be so prepaid and the individual or individuals authorized to
notify the Owner of acceptance of the terms of prepayment referred to in the next succeeding
sentence. The Owner shall provide oral notice to an individual so specified by the Issuer on the
second business day prior to the proposed prepayment date of the amount, if any, of the
prepayment premium which shall be paid in connection with such proposed prepayment by the
Issuer or the Owner, as the case may be. pursuant to the provisions regarding premium
At the time of such oral notice, such individual designated by the Issuer shall state whether the
Issuer elects to make such proposed prepayment, and if the Issuer elects to make the proposed
prepayment, the notice of prepayment given by the Issuer shall then be irrevocable and the
aggregate principal amount of this Note so specified in such notice, together with such accrued
interest and any such additional s~m payable pursuant to the premium provisions below shall
become due and payable on the specified prepayment date. The Owner may, but shall not be
obligated to, provide written confirmation of such oral election to the Issuer, but any failure of the
Owner to provide such confirmation shall not affect the obligation of the Issuer to make such
prepayment on the agreed terms. In the event that the Issuer shall make any optional prepayment,
then the Issuer will also pay a prepayment premium equal to the amount determined by the Owner
to be the difference between the present values as of the prepayment date of the payments of
principal and interest that would have been received with respect to the portion of this Note being
prepaid using (x) a discount rate as of August 27, 1998 and (y) a discount rate as of the
prepayment date, in each case being the fixed rate determined based on quotations obtained by the
Owner in its discretion from one or more dealers or other counterparties in the interest rate sWap
market for an interest rate swap (i) with payment dates coincident (or approximately so) with the
payment dates hereon after the date of such occurrence, (ii) with a notional amount equal to the
principal amount of the Note scheduled to be outstanding after such date (taking into account the
amortization hereof), and (iii) pursuant to which such dealer or other cotmterparty is the fixed rate
payor and the Owner is the floating rate payor at the 30-day London interbank offered rate. If
only part of the unpaid balance of principal of this Note is pre-paid, the remaining unpaid
installments of principal hereon shall be reduced in an aggregate amount equal to the principal
prepaid in inverse order of their due dates.. If, on the prepayment date, moneys for the payment
of the principal amount to be prepaid, together with the prepayment premium, if any, and interest
to the prepayment date on such principal amount, shall have been paid to the Owner as above
provided, then from and after the prepayment date interest on such principal amount shall cease
to accrue. If said moneys shall not have been so paid on the prepayment date, such principal
amount shall continue to bear interest until payment thereof at the rate or rates provided for in this
Note.
In case of an Event of Default (as defined in the hereinafter defined Resolution) the Owner
may declare the entire debt then remaining unpaid hereunder immediately due and payable; and
in any such default and acceleration, the Issuer shall also be obligated to pay as part of the
indebtedness evidenced by this Note, all costs of collection and enforcement hereof, ir eluding such
reasonable attorneys' fees as may be incuh'ed on appeal or incurred in any proceeding under
bankxuptcy laws as they now or hereafter exist, including specifically but without .limitation,
claims, disputes, and proceedings seeking adequate protection or relief from the automatic stay.
Upon the occurrence of and during the continuation of aa Event of Default, the interest rate on this
Note shall be increased to the lesser of 18% per annum or the maximum rate permitted by law.
The Issuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor.
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To the extent permitted by law, the Issuer, and by its acceptance of this Note, the holder
hereof, waive trial by jury in any litigation commenced by either in respect of hereof or of the
Resolution.
THIS NOTE AND THE INTEREST HEREON CONSTITUTES A LIMITED INDEBTEDNESS
OF THE ISSUER AND THE FAITH AND CREDIT AND THE AD VALOREM TAXING
POWER OF THE ISSUER ARE NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL
OF AND INTEREST ON THIS NOTE. THE PRINCIPAL OF AND INTEREST ON THIS
NOTE ARE PAYABLE SOLELY FROM CERTAIN PLEDGED REVENUES (AS DEFINED
IN THE RESOLUTION).
This Note is issued pursuant to Article VIII, Section 2 and Article VII, Section 12 of the
Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the Issuer and
Resolution No. R-98-. .... duly adopted by the Issuer on August 26, 1998, as from time to time
mended and supplemented (herein referred to as the ~Resolution"), and is subject to all the terms
and conditions of the Resolution. All terms, conditions and provisions of the Resolution including
without limitation remedies in the event of default are by this reference thereto incorporated herein
as a part of this Note. This Note represents the entire authorized issue of obligations of the Issuer
pursuant to the Resolution. Terms used herein in capitalized form and not otherwise defined
herein shall have the meanings ascribed thereto in the Resolution.
This Note may be exchanged or transferred by the Owner hereof but only upon the
registration books maintained by the Issuer and in the manner provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and prerequisites
required to exist, happen and be performed precedent to and in the execution, delivery and the
issuance of this Note do exist, have happened and have been performed in due time, .form and
manner as required by law, and that the issuance of this Note is in full compliance with 'and does
not exceed or violate any/:onstimtional or statutory limitation.
4
IN WITNESS WHEREOF, the City of Sebastian, Florida has caused this Note to be
executed in its name by the manual signature of its Mayor and attested by the manual signature
of its City Clerk, and its seal to be impressed hereon, all this 27th day of August, 1998.
CITY OF SEBASTIAN, FLORIDA
[SEALI
By:
Arrest: Mayor
City Clerk
iForm for Transfer)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
(Tax Identification or Social Security No. ) the within Note of the City.
of Sebastian and ali rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Note on the books for registration thereof, with~ full power
of substitution in the premises.
Dated
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the face of
the within Note in every particular, without alteration of
enlargement or any change whatever.
In the presence of:
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 g FAX (561) 589-5570
City of Sebastian, Florida
Subject: Resolution R-98-36_and R-98-37
Special Waterway Projects Program
(SWPP) Grant Applications Approvals
Approved for Submittal by: City
Manager
Exhibits: R-98-36 and R-98-37
Agenda No. ~0~-/~)
Department Origin: Public Works/Parks
Date Submitted: 8-18-98
For Agenda of: 8-26-98
EXPENDITURE
REQUIRED: $-0-
AMOUNT BUDGETED:
$-0-
APPROPRIATION
REQUIRED: $-0-
~[IMMARY
The attached Resolutions R-98-36 and R-98-37 are Resolutions authorizing the City
Manager to apply for two grants to repair the Main Street and Yacht Club Boat Ramps. The grants
are through the Florida Department of Environmental Protections Special Waterwater Projects
Program (SWPP). In April 1998, the City applied for a grant fi-om Florida Inland Navigation
District (FI2qD) to repair the Main Street dock and ramp for $62,500. The FIND grant was
approved but the amount has not been disclosed. If we are successful in acquiring a SWPP grant,
a portion of the money will go towards the city's match for FIND grant for Main Street ramp. The
Yacht Club boat ramp will be repaired similarly to the Main Street ramp. Currently, there is no
budget 'for the Yacht Club ramp. If we receive the SWPP grant, we will attew'~t to find the money
to meet the City's match. The cost of repairing the Yacht Club ramp is estimated at $50,000. The
SWPP grant could require up to 50% matching funds. The match amount will not be known until
after DEP reviews all of the applications.
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RE_CQMblE~NDATION
Move to approve Resolutions R-98-36 and R-98-37 authorizing the City Manager to appl.~?,,,.
for and administer these grants if received. /(,_.~/")"~d' '~
RESOLUTION NO. R-98-36
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE, APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATTEST,
ON BEHALF OF THE CITY OF SEBASTIAN, A FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGRAM
(SWPP) GRANT FOR THE MAIN STREET BOAT RAMP EXTENSION; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian deems it in the best interest of the public
health, safety and wclfarc to extend thc Main Street boat ramp; and
WHEREAS, the City Of Sebastian has an opportunity to obtain a grant from the Florida Department
of Environmental Protection for thc cxtcnsion of thc Main Street boat ramp; and
WHEREAS, the Florida Department of Environmental Protection requires a. Resolution from the City
authorizing a designated representative to apply for and administer the grant on behalf of the applicant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:'
~ectio0 1. AUTHORIZATION FOR CITY MANAGER. The City Council of the City of
Sebastian hereby approves and authorizes the City Manager to execute, apply for and administer, and the City
Clerk to attest, on behalf of the City of Sebastian, a Florida Department of Environmental Protection Special
Waterway Projects Program (SWPP) grant for the Main Street boat ramp extension.
S¢~Iion 2. CONFLICT.
repealed.
~ection 3. EFFECTIVE DATE.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councihnember
vote was as follows:
All resolutions or parts of resolutions in conflict herewith are hereby
This Resolution shall take effect inm~ediately upon final passage.
and, upon being put to a vote, the
Mayor Ruth Sullivan
Vice-Mayor Martha Winingcr
Councilmcmber Louise Cartwright
Councilmcmber Chuck Neuberger
Councilmember Lany Paul
The Mayor thereupon declared this R~solution duly passed and adopted this
· 1998.
CiTY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Ruth Sullivan, Mayor
Kaths~ M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
City Attom~
2
day of
RESOLUTION NO. R-98-37
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO.
EXECUTE, APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATTEST,
ON BEHALF OF THE CITY OF SEBASTIAN, A FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGRAM
(SWPP) GRANT FORTHE SEBASTIAN YACHT CLUB BOAT RAMP EXTENSION;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING }'OR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian deems it in the best interest of the public
health, safety and welfare to extend thc Sebastian Yacht Club boat ramp; and
WHEREAS, the City of' Sebastian has an opportunity to obtain a grant from the Florida Department
of Environmental Protection for the extension of the Sebastian Yacht Club boat ramp; and
WHEREAS, tt~ Florida Department of Environmental Protection reqt/ircs a Resolution from thc City
authorizing a designated representative to apply for and administer the grant on behalf of thc applicant.
NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Se~:tion 1, AUTHORIZATION FOR CITY MANAGER. The City Council of the. City of
Sebastian hereby approves and authorizes the City Manager to execute, apply for and administer, and the City
Clerk to attest, on behalf of the City of Sebastian, a Florida Department of Environmental Protection Special
Waterway Projects Program (SWPP) grant for the Sebastian Yacht Club boat ramp extension.
Sect[Qn 2. CONFLICT.
repealed.
Section 3. EFFECTIVE DATE.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
vote was as follows:
All resolutions or parts of resolutions in conflict herewith are herr"y
This Resolution shall take effect immediately upon final passage.
and, upon being put to a vote, the
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise Cartwright
Councilmember Chuck Neuberger
Councilmember Larry Paul
The Mayor thereupon declared this Resolution duly passed and adopted this __
1998.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Ruth Sullivan, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
CityAttomey
day of
City of Sebastian, Florida
Subject: Temporary Extension of Cable
Franchise
Approved for Submittal by:
Thomas W. Frame, City Manager
Agenda No. q~- 001
Department Origin: City Manager
Date Submitted: August 20, 1998
~/~gz//z.] ../~~ For Agenda of: August 26, 1998
* Proposed Resolution Extending the Cabl~ Franchise with Falcon Cable
Expenditure Required: Amount Budgeted: [ Appropriation Required:
n/a n/a I n/a
SUMMARY
With the advent of the City Attomey position becoming vacant, progress to complete the
franchise agreement did become stalled. As the Council recalls, the City Attorney was
not here during almost all of the month of July, 1998, and the permanent position is not'
likely to become filled until at least September.
In attempting to expedite this process, I am reviewing the City of Safety Harbor's
agreements and ordinances associated with a cable franchise granted since the passage of
the Telecommunications Act of 1996.. It would depart from the concept of a master
telecommunications ordinance in favor of a single ordinance for the existing franchise. I
hope to have the document ready for your review with the next couple of weeks.
RECOMMENDED ACTION
Move to approve Resolution No. R-98-38 extending the existing Cable Franchise with
Falcon Cable Media for and additional 60days.
RESOLUTION NO. R-98-38
A RESOLUTION OF THE CITY COUNCiL OF THE CITY OF
SEBASTIAN, FLORIDA, GRAaNTIlqG AN EXTENSION OF AN ~XISTING
NON-EXCLUSIVE CABLE TELEViSION FRANCHISE FOR A
MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS
EXTENDED BY PASSAGE OF AN ADDmONAL RESOLUTION OF THE
CITY COUNCIL; PROVIDING FOR THE RETROACTIVE
COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WH'E~RF~S, Cable TV Fund VIH-A, a Limited Partnership, Jones Intercable, Inc., General
Partner was granted a non-exclusive franchise to operate and maintain a community antenna television
system in the City of Sebastian, Florida by the City Council on September 23, 1981, by City
Ordinance No. 218-E; and
WHEREAS, by Resolution R-87-74 the City Council assigned and transferred Ordinance
218-E as amended on May 30, 1986, fi.om Cable TV Fund VIII-A, Jones Intercable, Inc., to Falcon
Cable Media, L.P., a Califomia limited partnership on October 28, 1986; and
WRENS, the non-exclusive fi'anchise was granted and assigned to Falcon Media, L.P.,
was valid for a period of fifteen (15) years from 9/23/81; and
WHEREAS, Falcon Media, L. P., had requested renewal of the franchise from October 1,
1993; and
WFIF~REAS, recent changes have ueen enacted by the U.S. Congress establishing broad and'
new regulations affecting most telecommunications businesses; and
WItEREAS, time has not permitted adequate opportunity to assess the ramifications of the
Telecommunications Act of 1996, and those concerns as expressed by the franchisee's customers; and
WHEREAS, the City of Sebastian desires to update its franchise ordinances and other
pertinent regulations prior to the negotiations and renewal of the existing franchise with Falcon
Media, L.P.; and
WI~E~S, it is in the public's best interest to properly update the City's current franchise
ordinance and carefully proceed with the negotiations for the renewal of the cable television franchise.
WHEREAS, the City Council adopted Kesolution No. K-96-67 on September 11, 1996
extending the cable television franchise for sixty (60) days commencing on September 23, 1996 and
expiring November 21, 1996; with a provision for additional extensions by Resolution;
WHEREAS, the City Council granted (60) sixty days extensions by adopting Kesolution
Nos. R-96-85, R-97-05, R-97-15, R-97-29, R-97-37 R-97-50, R-97-77, R-97-83.
WHEREAS, the current sixty day extension expires on September 2, 1998; and
WllE~S, an additional sixty (60) days is needed to prepare a proper franchise ordinance.
NOW, THEREFORE, BE IT .RESOLVED by the City Council of City of Sebastian,
Indian River County, Florida as follows:
SECTION 1. The non-exclusive franchise established by Ordinance 218-E granted to
Cable TV Fund VIII-& Jones Intercable, Inc., on September 23, 1981, and assigned and transferred
to Falcon Cable Media, L.P., a California limited partnership pursuant to Resolution R-87-74
extended for sixty (60) calendar days commencing September 23, 1996 and expiring November 21,
1996 by Resolution No. R-96-67; extended for sixty (60) calendar days commencing November
21,1996 and expiring January 19, 1997 by Resolution No. R-96-85; extended for sixty (60) calendar
days commencing January 19, 1997 and expiring March 19, 1997 by Resolution No. R-97-05;
emended for sixty (60) calendar days commencing on May 17, 1997 and expiring July 15, 1997 by
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Resolution No. R-97-29; ex-tended for si~ (60) days commencing on July 15, 1997 and expiring
September 12, 1997 by Resolution No. R-97-37; ex-tended for sixty (60) calendar days commencing
on September 12, 1997 and expiring November 11, 1997 by Resolution No. R-97-50; extended for
an additional sixty (60) days commencing November 11, 1997 and expiring January 9, 1998,
extended for an additional sixty (60) days commencing January 9, 1998 and expiring March 9, 1998
by Resolution R-97-83; extended for an additional sixty (60) days commencing March 9, 1998 and
expiring May 7, 1998 by Resolution No. R-98-10; extended for an additional sixty (60) days
commencing on April 22, 1998 and expiring July 6, 1998 by Resolution No. R-98-18; extended for
an additional sixty (60) days commencing on July 6, 1998 and expiring .on September 4, 1998 by
Resolution No. R-98-26; shall be extended for an additional sixty (60) days commencing on
September 4, 1998 and expiring on November 2, 1998 by Resolution No. R-98-38.
SECTION 2. All revenue required by the current franchise, and any additional revenue
which may accrue to the City through changes incorporated into the franchise ordinance or franchise
renewal shall be paid retroactively commencing September 24, 1996, by Falcon Cable Media, L.P.,
a California limited partnership.
SECTION 3. Falcon Cable Media, L.P., a California limited partnership by acceptance of
the extension to the current cable franchise agrees to the terms of this resolution.
SECTION 4. This resolution shall take effect on September 4, 1998.
The foregoing Resolution was moved for adoption by Council Member
The motion was seconded by Council Member
the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha S. Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
and upon being put to a vote,
The Mayor thereupon declared this Resolution duly passed and adopted this __
, 1998.
CITY OF SEBASTIAN, FLORIDA
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'I-Ialloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Timothy Williams, Interim City Attorney
day of
City of Sebastian, 'Florida
Subject: Aquatic Weed Control Contract
Extension.
Approved for Submittal by: City Manager
Exhibits: None
Agenda No.
Department Origin: City Manger
Asst. to City M~5>urchasing
Date Submitted: August 19, 1998
For Agenda of.' August 26, 1998
EXPENDITURE
REQUIRED: $29,500
AMOUNT BUDGETED:
$29,500
APPROPRIATION
REQUIRED: -0-
MYt gy
This is a request for extension of existing Contract with Applied Aquatic Management, Inc.,
("Contractor") Eagle Lake, Florida, for certain annual aquatic weed control of the City's canal
network:. The Contractor was awarded this Contract by City Council after competitive bidding
procedures were carried out last year. The Contract language contains a one year extension clause
which both City Staffand Contractor wish to exercise at this time. The Contractor has performed all
terms and conditions of their agreement with the City well in the past year.
RECOMMENDED ACTION
Move to approve extension of the Contract with Applied Aquatic Management, Inc., as stated above.
City of Sebastian
· 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
'rE,EPHONE 89-S330 FAX 1 6 1S89-S Z0
SUBJECT:
AGENDA TRANSMITTAL
Liability, Property, & A~enda No.
Workers' Compensation
Insurance Renewal
Dept. Origin: Finance
Finance Director ~
Date Submitted: 08/18/98
Approved For Submittal By
For A~enda of: 08/26/98
EXPENDITURE
REQUIRED: $239,655
AMOUNT
BUDGETED:
Exhibits: Renewal Quotes,
Two Year Premium Guarantee
Proposed APPROPRIATION
$239,655 REQUIRED: $0
SUMMARY STATEMENT
Florida League of Cities, through the Florida Municipal Insurance
Trust, has offered to renew the City's insurance policies for
General/Professional Liability, Automobile Liability, Automobile
Physical Damage, Property, and Workers' Compensation. The renewal
quote is for less than the current year's premium of $304,641, and
includes a guarantee of this premium for two fiscal years. The
premium without the guarantee would be $228,243.
RECOMMENDED ACTION
Move to approve the renewal of the insurance policies with Flo~ i~a
League of Cities for $239,655, to be appropriated in the 1998/1999
fiscal year. Authorize the city Manager to execute the Two Year
Premium Guarantee Agreement.
,~ TUE 08:11 PM FLORIDA LEAGUE
FAX NU,
Florida League of Cities, Inc.
Public ~ Service~
EO. Bcz 530068
Orlando, FL ~2853-006!~
~, Uq
(407) 425-9142
(800) 445-6248
Suncom 34~ 0720
Fax (407) 4~.$-9378
CiTY OF SEBASTIAN
RENEW~ QUOTE FOR 1998-99
Option II - Two Year Premium Guarantee
Coverage Deductible L~t Premium
Gencral~rofessional N/A $1,000,000 , $'98,440
Liability
Automobile Liability N/A $1,000,000 $17,5~2
Automobile Physical Per Schedule $11,690
Damage
Property $1,000 $3,630,754 $12,ti05
Workers' 10/I/97 Exp. Mod. 1.06 Total Payroll $ 99,1311
Compensation $3,113,307
Total Nc~ Premium:
$ 239,655
Note: All F1V[IT coverages quoted must be purchased to receive the
premium guarantee.
Florida Mum~pal !~surance Trust
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~O TUE 06:11
F1.0RII)h LEh0UE
NO, 4073177181
P, 05
1~98-~ Rmmval Quot~ o
Reaewal pr~mium~ ar~ based on the coverages, lim~ and
deduct~l~ as ~p/r/ng.
G~eral Liability
l~ncwal premiums w~ developed using the expesur~
reported on thc 1996-97 final audit.
Automobil~ Liability -
& Physi~l Damage.
Renewal premiums J,nclude all chaag~ sent to us az of
this date, the actual billed premium may ri;fleet
additional changes received after this date.
Building and Pc-~'~onal Property valu= include ail changes
s~t to us a~ of this date, the actual bifl~ premium may
reflect additional changes received after this date.
Workers' Compe~___,~'on-
Renm~al premiums were &vdoped ming th~ payrolls
r~porl~d on the 199~-97 final audit or proje~ed payrolls
submi~ and th~ ] O/1D7 cxpericn~ modifir~on. When
the 10/1/98 modification is r~ived the pr~fium~ will b~
am~ded ar,~iingly.
*AVA1LAB .L.E CREDITS: Drug Fr~ Credit
SM~y Cnxtit ~
*ARE YOU RECEIVING ALL AVAILABLE CREDITS? IF NOT, CALL YOUR REPRESENTATIVE
FOR INFORMATION.
Your Marketing Representative is available to discuss any questions you may have or changes you wish
m~e.
TWO YEAR PREMIUM GUARANTEE:
No Audit Adjustment
Expcricncc Modification Guamuteed (including thc workers' compcn$~on
experience modification)
Streamlining of Budget Precis
0~-30-98 TUK 06:10 PM FLORIDA LEAGUE
l~l-orid~ League of Cities, inc.
Public Pdak Services
P.O. Boz 530065
Otlsnao, FL 328580065
F~X NO.
4073177181
CITY OF SEBASTIAN
RENEWAL QUOTE FOR I998-99
Option I - Standard Renewal
Coverage Deductible
Geneml/Pmf~sional N/A
Liability
Amomobil¢ Liability N/A
Automobile Physical P~ Schedule
Damage
Propelty $1,000
Workers' 10/1/97 Exp. Mod. 1.06
Compensation
'Limit
$1,000,000
$1,000,000
$3,630,754
Total Payro~
$3,113,307
Total Net Premium:
*Includes: Drug Free Credit Yes, Safety Credit Yea
Florida Municipal Insurance Trust
P, 02
(407) 425-9142
(800) 445-6248
Suncom 344-0720
Fax (407) 425-9378
$ 93,752
$16,745
$11,134
$12,195
$ 94,417
$228,243
FLORIDA ML;NICIPAL INSURANCE TRUST
TWO YEAR PREMIUM GUAiLAxNTEE AGREEMENT
October I, 1998- September 30, 2000
THIS AGREEMENT, made and entered into this __day of ,19
by and between the , (hereinafter referred to as the "lVlember") and the
Florida Municipal Insurance Trust (hereinafter referred to as the "FMIT'.').
WHEREAS, the FMIT has determined it is in the best interest of the FMIT to offer the
Member a Two Year Premium Guarantee Plan, and
WHEREAS, the Member has determined it is in the best interest of the Member to utilize
the Two Year Premium Guarantee Plan.
NOW, THEREFORE, for and in consideration of the mutual covenants, promises and
obligations herein contained which are given to and accepted by each party hereof to the other,
the parties to this insmanent covenant, stipulate and agree as follows:
1. As used herein, the following words and phrases shall have the following meanings:
"Coverage Period" means the period as shown on the Declarations of the FMIT
Agreement.
"Premium Guarantee" means that the annual net premium billed the Member
in experience modifications, annual rate review and rate change by the FMIT or to
change in approved participation credits.
"Gross Premium" means the annual gross premium as shown on the Declarations
of the F~MIT Agreement for the coverage period.
"Participation Credit" means equity credits, dividends, incentive credits, premium
credits, and any other participation credit approved by the F~MIT, and is the
annual credit shown on the Declarations of the F~MIT Agreement for the coverage
period. -
"Net Premium" means the annual net premium as shown on the Declarations of
the FMIT Agreement for the coverage period.
"Experience Modifications" mean the factors used by the FMIT in adjusting base
gross premium due to a Member's loss experience for workers' compensation,
general liability (including law enforcement and public officials errors and
omissions), automobile liability and automobile physical damage.
"Exposure Audit" means audits conducted by the FMIT to assure exposure
information provided by the Member accurately reflects actual exposures
assumed by the FMIT, which audits can result in premium adjustments to the
Member under the terms of the Indemnity Agreement.
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"Rates" mean the annual renewal rates approved by the FMIT for the FMIT's
property and casualty coverages and used for calculation of the Member's gross
premiums.
"Exposures" mean the basis on which the FMIT rates are applied to develop gross
premiums including but not limited to payroll, job classifications, population, law
enforcement officers, vehicles, real and personal properties, and other
miscellaneous exposures.
"Indemnity Agreement" means the FMIT's Indemnity Agreement, the
Participation Agreemen~ entered into between the FMIT and the member, and any
other agreement, certificate document, or other instrument executed by the
Member and the FMIT.
Subject to the terms and conditions contained in this Agreement, the Member and the
FMIT a~ee Member's Premium Guarantee during the coverage period shall be the net
premium shown on the Declarations of the FMIT Agreement.
The Member agrees that it will assist the FMIT by timely providing the FMIT with
updated information projecting the FMIT's exposure for the October 1, 1998 fiscal year
and with any other exposure information the FMIT in good faith believes might have a
material impact on the exposures to be assumed by the FMIT over the coverage period.
o
The FMIT agrees that coverage provided herein will not be canceled or non-renewed by
the FMIT during the coverage period except for non-payment of premium by the
Member.
The member agrees that coverage accepted herein will not be canceled or non-renewed
by the Member during the coverage period.
If, during the coverage period, the member cancels or non-renews the coverage or if
coverage is canceled by the FMIT for non-payment of premium, the member shall be'
liable for liquidated damages for breach of this Agreement, calculated at ten percent
(10%) of the net premium unearned by the FMIT for the coverage period, plus any
additional premium that, but for this Agreement, would otherwise have been due and
owing the FMIT as a result of exposure audits under the Indemnity Agreement. This
provision for liquidated damages is agreed upon between the parties due to the inability
of computing the loss of value to the FMIT of the unexpired portion of the Member's
coverage period under this Agreement.
In the event the Member fails to pay monies due and owing hereunder, the FMIT shall be
entitled to recover from the Member all costs and expenses incurred by the FM2[T in
collecting any such monies, including reasonable attorney's fees, costs, prejudgrnent
interest, and any other reasonable and related expenses of collection.
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In the event of conflict, the provisions of this Agreement shall prevail over any
provisions contained in the Indemnity Agreement. Provisions of the Indemnity
Agreement not in conflict with the provisions of this Agreement shall remain in full force
and effect.
Member Name Date
Elected Official or Other Official
Title
FLORIDA MUNICIPAL INSUKANCE
TRUST
'Date
Wimess
Authorized Representative
Title
Witness
City of Sebastian, Florida
Subject: Main Street Manhole Installation Agenda NO. ~.
Approved for Submittal by:
Thomas Frame, City Manager
Department Origin: Publ!.c .Wo~'ks~
Martha S. Campbell, P.E.' '~[(~t~-~ .~.-~
Date Submitted: 8/18/98
For Agenda of: 8/26/98
Exhibits:
EXPENDITURE
REQUIRED: $ 7,500
AMOUNT BUDGETED:
$ 42,000
APPROPRIATION
REQUIRED: N/A
In May 1998 Council approved a manhole to be installed on Main Street at N. Central Ave. The.
purpose of the manhole 'was to gain access for inspecting, cleaning, and repairing the pipeline.
During the inspection, a break in the line was discovered near Louisana Ave. and the termination
of the pipe was improperly plugged causing debris to enter into the pipe. The pipe .can be
repaired without extensive excavation if another manhole is installed. This request is for Council
approval for a purchase order with C.R. McLellan for $7,500 to install the manhole.
BFaCO~IENDED AC~!ON
Move to approve purchase order with C.R. McLellan for $7,500 for installation of a manhole in
Main Street pipeline.
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AUG-17' 98 (MON)
08:52 C, R.
MCLELLAN
407-728-4189
Submitted To: ~,~
PROPOSAL
Date:
Job Name: /'YY~-~ ...~~ /f~. f~/~....
We herebff submit price information on the following:
This quotation is good for 30 days.
The above prices are hereby accepted.
F~ INC.
You are authorized to do work as spec/fled.
Signah~re~ _
PLEASE SIGN ANT) RETURN ORIGAMAL TO OUR OFFICE.
P. O01