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HomeMy WebLinkAbout01101996 Special City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETiNG WEDNESDAY, JANUARY 10, 1996 7:00 P.M. OR SOON THEREAFTER (following 6:30 P.M. Board of Adjustment) CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED iN THE OFFICE OF THE CITY CLEiU(- 1225 MAIN STREET, SEBASTL4N, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-95-33) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 96.001 PGS 1-2 96.001 PG 21 PG 5-6 96.002A PGS %8 96.002B PGS 9-10 96.002C RESOLUTION NO. R-96-08 - Designating "Arbor Day" - Authorizing Tree Advisory Board to Develop Ceremony (R-96-08) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN KIVER COUNTY, FLORIDA, DESIGNATING THE THIRD FRIDAY IN JANUARY OF EACH YEAR AS "ARBOR DAY" IN THE CITY OF SEBASTIAN; AUTHORIZING THE CITY OF SEBASTIAN TREE ADVISORY BOARD TO DEVELOP ANNUAL ARBOR DAY FESTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PROCLAMATION - Arbor Day - January 19, 1996 (Tom Cecrle Accepting) RIVERFRONT WATER PROJECT MATTERS (City Manager Transmittal 1/4/96) 96.002/95.222 Approve Grant of Easement for Public Utility Purposes (Grant of Easement) Approve Grant of License - City of Sebastian to William and Lois Legue (Grant of License) PUBLIC HEARING IN ACCORDANCE WITH F.S. 170.07 - RIVERFRONT WATER PROJECT ASSESSMENT 2. 3. 4. Presentation by Earl Masteller Mayor Opens Hearing Testimony from Affected Property Owners Mayor Closes Hearing Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. 2 96.002D PGS 11-14 96.002E 96.002F PGS 15-48 RESOLUTION NO. R-96-0~ - Approving the Riverfxont Water Project - Considering Testimony on Propriety and Advisability of Funding Project with Special Assessments (R-96-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A PROJECT FOR WATER MAINS, WATER SERVICE, VALVES, FIRE HYDRANTS, AND OTHER WATER DISTRIBUTION FACILITIES TO AN AREA KNOWN AS THE RIVERFRONT WATER PROJECT EAST OF U.S. 1 TO THE INDIAN RIVER, RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; CONSIDERING THE TESTIMONY ON THE PROPRIETY AND THE ADVISABILITY OF FUNDING THE PROJECT WITH SPECIAL ASSESSMENTS; MAKING THE FINAL DECISION ON LEVYING THE SPECIAL ASSESSMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. EQUALIZATION BOARD HEARING 1. Mayor Calls Equalization Board Hearing to Order to Consider Any and All Complaints as to Special Assessments 2. Adjourn Equalizing Board Heating 3. Call Regular Meeting Back to Order RESOLUTION NO. R-96-05 - Authorizing Riverfront Water Project - Confirming Final Approval of Propriety and Advisability of Making Improvements - Equalizing and Levying Special Assessments (R-96-05, Cost Estimate (A), Final Assessment Roll (B), Modifications (C)) A RESOLUTION OF THE CITY OF SEBASTIAN, IND~ KIVER COUNTY, FLORIDA, AUTHORIZING A PROJECT FOR WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTION FACILITIES FOR THE AREA EAST OF U.S 1 TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; CONFIRMING THE FINAL APPROVAL OF THE PROPRIETY AND ADVISABILITY OF MAKING THE iMPROVEMENTS FOR THE PROJECT; EQUALIZING, APPROVING, CONFIRMING AND LEVYING SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITTED BY THE PROJECT TO PAY THE COSTS THEREOF; PROVIDING FOR THE PAYMENT AND COLLECTION OF SPECIAL ASSESSMENTS BY THE METHOD PROVIDED FOR BY CHAPTER 170, FLORIDA STATUTES; PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 96.002G PGS 49-52 Go Amendment to Interlocal Agreement Between Indian River County and the City of Sebastian - Construction of the Riverfront Water Project (Amendment to Agreement) CONSENT 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. PGS 53-71 A. 96.003 B. PGS 73-79 96.004 C. PGS 81-87 Approval of Minutes - 12/15/95 Workshop, 12/20/95 Regular Meeting RESOLUTION NO. R-96-01 - Delete Community Development Director Job Description (Human Resources Director Transmittal 10/30/95, R-96-01) A RESOLUTION OF THE CITY OF SEBASTIAN, RqDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-88-67, WHICH ADOPTED THE JOB DESCRIPTION OF THE OFFICE OF DIRECTOR OF COMMUNITY DEVELOPMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-96-02 - Delete Engineer/Public Works Director Job Description (Human Resources Director Transmittal 12/21/95, R-88-65) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-88-65, WHICH ADOPTED THE JOB DESCRIPTION FOR AN OFFICE OF CITY ENGiNEER~UBLIC WORKS DIRECTOR; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 4 96.005 D. PGS 89-105 96.006 E. PGS 10%130 96.007 F. PGS 131-136 96.008 G. PGS 137-138 RESOLUTION NO. R-96-03 - Assignment of Airport Lease - to B & S Investments (Airport Transmittal V~/96, R-96-03, Assignment of Lease to B & S, Assignment of Lease to Sebastian Aero, Original Lease and Modification - Fly Florida) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT OF A LEASE BETWEEN THE CITY OF SEBASTIAN AND FLY FLORIDA CORPORATION, SUBSEQUENTLY ASSIGNED TO SEBASTIAN AERO SERVICES, INC., TO B & S INVESTMENTS, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works - Parks & Recreation Division - Bid Waiver - Purchase Ballfield Grooming Rake with Plow and Infield Attachment - $7,416 - NuCrane Machinery - Landerhill Bid Price and Sole Source John Deere - Bid Waiver - Purchase Automatic Four Wheel Drive Front Deck Mower - $13,380 - Sunrise Ford Tractor - Veto Beach Bid Price (PW Director Transmittal 12/12/95, McCarthy Memo 11/29195, Price Confirmations) Wentworth/Blossom Ditch Interlocal Maintenance Agreement - City of Sebastian and Indian River County (PW Director Transmittal 12/12/95, Cain Letter 12/11/95, Agreement) Request for Yacht Club - Angelone Birthday Party - 1/13/96 - 5 p.m. to 9 p.m. - A/B - Security Paid - Permittee DOB 1/11/65 (City Clerk Transmittal 12/27/95, Application) i 9. pRESENTATIONS 10. I 96.009/ 95.175 i PGS 139 COMMITTEE REPORTS/RECOMMENDATIONS A. RIVERFRONT TASK FORCE 1. Membership Appointment (Vice Mayor Corum) I I I 11. OLD BUSINESS 95.221 PGS 141 12. 96.010A/ 95.218 PGS 143-151 A. Appoint Wayne Kroegel Fourth of July Co-Chairperson - Tabled from 12/20/95 Meeting - Motion Required to Remove from Table (City Manager Transmittal 12/12/95) NEW BUSINESS ORDINANCE NO. O-96-01 - Charter Amendment - Providing for Extension of City Council Terms to Four Years (City Manager Transmittal for Ail Ordinances, O-96-01) 1st Reading, Set Public Hearing for 1/24/96 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER. COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II AND ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE TERMS OF CITY COUNCIL MEMBERS BE EXTENDED TO FOUR YEARS, WITH ELECTIONS HELD EVERY TWO YEARS ON EVEN NUMBERED YEARS BEGINNING IN MARCH OF 1998 AND THE TERMS OF TWO OF THE CITY COUNCIL MEMBERS ELECTED 1N MARCH, 1997 EXTENDED TO THREE YEARS AND THE TERM OF ONE OF THE CITY COUNCIL MEMBERS ELECTED IN MARCH 1997 REDUCED TO ONE YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6 96.010B/ B. 95.218 PGS 153-162 ORDINANCE NO. 0-96-02 - Charter Amendment - Providing for Election of Mayor at General Election ia Each Even Numbered Year (0-96-02) 1st Reading, 'Set Public Hearing for 1/24/96 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I AND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY OTHER YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 96.010C/ C. 95.218 PGS 163-169 ORDINANCE NO. 0-96-03 - Charter Amendment - Providing for Appointment and Removal of City Clerk by City Manager - Appointment of Canvassing Board by City Manager (0-96-03) 1st Reading, Set Public Hearing for 1/24/96 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE RI AND ARTICLE iV OF THE CITY CHARTER TO PROVIDE THAT THE CITY CLERK SHALL BE APPOINTED BY THE CITY MANAGER AND MAY BE REMOVED BY THE CITY MANAGER WITH THE CONSENT OF THE CITY COUNCIL, AMENDING ARTICLE Ri REGARDING THE DUTIES OF THE CITY MANAGER, AMENDING ARTICLE IV REGARDING APPOINTMENT OF A CiTY CANVASSING BOARD; PROVIDING FOR THE MANNER IN WI-I/CH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 7 96.010D/ D. 95.218 PGS 171-175 ORDINANCE NO. 0-..9.6,,-04 - Charter Amendment - Providing for 50 Year Airport Leases (0-96-04) 1st Reading, Set Public Hearing for 1/24/96 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR LEASES OF AIRPORT PROPERTY WITH A MAXIMUM TERM OF 50 YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 96.010E/ E. ORDINANCE NO. 0-96-05 - Charter Amendment - Election - Tie 95.218 Votes (0-96-05) PGS 177-180 1st Reading, Set Public Hearing 1/24/96 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COIYNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 8 I 96.011 F. PGS 181-184 13. 14. 15. 16. ORDINANCE NO. 0-96-06 - Airport Manager Duties (City Manager Transmittal 1/4/96, O-96-06) 1st Reading, Set Public Hearing 1/24/96 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING SECTION 22-29 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR THE CITY MANAGER TO PERFORM THE DUTIES OF THE AIRPORT MANAGER OR APPOINT A QUALIFIED INDIVIDUAL TO PERFORM THE DUTIES; DELETING SECTION 22-29 (a) (2) REQUIRING A FIXED BASE OPERATOR TO SERVE AS AIRPORT MANAGER; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Raymond Halloran C. Mayor Arthur Firfion D. Vice Mayor Carolyn Conun E. Mrs. Louise Cartwright CiTY ATTORNEY MATTERS CITY MANAGER MATTERS I 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY CO UNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0~05 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 10 RESOLUTION NO. R-96-08 I A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORiDA, DESIGNATING THE THIRD FRIDAY iN JANUARY OF EACH YEAR AS "ARBOR DAY" IN THE CITY OF SEBASTIAN; AUTHORIZING THE CITY OF SEBASTIAN TREE ADVISORY BOARD TO DEVELOP ANNUAL ARBOR DAY FESTiVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, each state in the nation was given the authority to designate a day on which it would observe Arbor Day, a special day set aside for the planting of trees; and WHE~S, the State of Florida annually observes Arbor Day on the third Friday in January of each year, a time at which new planting is most favorable; and WHEREAS, the City of Sebastian Tree Advisory Board wishes to develop Arbor Day ceremony festivities for the City. NOW, TII~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. ARBOR DAY. The City Council hereby designates the third Friday in January of each year as "Arbor Day" in the City of Sebastian. ~ ARBOR DAY FESTIVITIES. The City of Sebastian Tree Advisory Board is hereby authorized to develop the annual Arbor Day ceremony festivities for the City. ~EAf~[_Q_~L~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ SEVERABILITY. If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. 5.EE_TI_QI~ EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1996. ATTEST: CITY OF SEBASTIAN By: Arthur L. Firtion, Mayor Kattuyn M. O'Halloran, CMC/AAE City Clerk (SE ) Approved as to Form and Content: Clifton A. McClelland, Jr., City Attorney 2 PROCLA TION WHEI:IEAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, the nation observes Arbor Day on the third Friday in April; crud WHEREAS, each state may designate a day on which to observe Arbor Day, and the State of Florida has chosen to observe Arbor Day on Jcmuary 19th, a time at which new planting is most favorable; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate temperature, clean the air, produce oxygen and provide habitat for wildlike; ctnd WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vltatity of business areas, and beautify our community, and wherever planted, are a source of joy and spiritual renewal; and NOW THEREFORE, I, Arthur L Ftrtion, cts Mayor of the City of Sebastian, Florida, do hereby proclaim January 19, 1996 as ARBOR DAY in the City of Sebastian, and urge all citizens to support efforts to protect our trees and woodlands and to support our ctty's urban forestry program; and further urge all citizens to plant trees to gladden hearts and promote the well-being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Sebastian, Indian River County, Florida this 10th day of January, 1996. ATTEST: Kathryn M. O'Halloran, City Clerk Arthur L Firtion, Mayor City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Assessment Approval For Submittal By: City Manager AGENDA NO. Dept. Origin: City Manager Date Submitted: 01/04/96 For Agenda Of: 01/10/96 Exhibits: I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY In order to maintain continuity of thought, we have grouped the actions required of City Council for the Riverside Water Assessment at the beginning of the Council Meeting. For the most part, the action is ministerial, except for the required equalization hearing. The following sequence applies to the actions of City Council. Approve grant of easement and the grant of license. This procedure provides the authority for a property owner to utilize a City owned easement for the purpose of water connection line. City Council hears testimony, if any, from affected property owners as to the propriety and advisability of making the improvements and funding them by a special assessment on property. City Council makes the final decision on whether to levy the special assessment. The City Council performs as the "Equalizing Board", to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and fight. Approve the "Amendment" to the Inter Local Agreement between the City and Indian River County regarding the construction of the Riverfront Water Project. 2 PREPARED BY A~FD RETUI~N TO: Timothy M. Williams, Esquire pOTTER, MCCLELLAND, MARKS & HF.~-LY, P.A. 700 S. Babcock Street, Suite 400 P.O. Box 2523 Melbourne, Florida 32902-2523 GRANT OF EASEMENT THIS INDENTURE. made this __day of January, 1996 by the City of Sebastian, Indian River County, Florida. WiTNESSETH, that the said party of the first party, having determined that the grant of an easement for public utility purposes is in the public interest, does hereby establish, grant, and dedicate on behalf of the public, an easement for installation and maintenance of public utilities on the property described in Exhibit "A" attached hereto. THE CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of January, 1996, by , who is personally known to me or produced a as identification and who did not take an oath. NOTARY PUBLIC My Commission Number:__ My Commission Expires:__ SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY MAIN STREET · ~ ~ .,~,~-g~ -, ~ '] ~ - 10,22' POINT OF BEGiNNING GRAPHIC SCALE 1 tnoh = 50 fL. Legal DescripLion: A TEN FOOT WlOE S~RIP OF LAHD, TO BE USED AS A UTIUTY E:ASEIdI~iT. LYINO IN GOVERNMENT LOT 5, SECTI(~ O. TOWNSHIp 31, RANGI~ 59 EAST, INDIAN RIVER COUNTY, FLORIOA. ANO ALSO LYING tN BLOCK I Of' CARROLL ROBE,~TS SUBDIVISION NO. 1 AS RECORDE0 IN PLAT~OOK 4, PAGE: 54 OF THE PUUUC RECORDS OF ST. LUCIE COLINTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FCLLOWS: COMMF_NClNG AT 11-1E NORTHWEST CORNER OF SAID GOVERNMENT LOT 5, SECTION 6, TOV~ISHIP ~Sl, RANGE 59 EAST; THENCE SOUI~iERLy ALONG THE WEST LINE OF SAID GOVERNM£NT LOT 5, .382.06 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY OF' }JAIN S'IREE'T: THENCE N8:3'2§'.31'[, 179.00 F~ET TO THE SOUTHEAST CORNER OF THE INTERSECTION OF MAIN STI~EET AN0 U.S. HIGHWAY NO.1; TH£NCE $17'29'29'E, 20.3,4 FEET ALONG THE EAST RIGHT-OF-WAY OF U.S, HIGiIWAY NO. 1; THENCE CONTINUE S$7'~g'2g°E, lg2.50 FEET ALONG THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO.i~ THENCe: N 7.3X~'51'£. 254.7 FEET TQ THE WEST RIGHT-OF-WAY OF DI.D DIXIE: HIGHWAY; THENCg' N2~*'2g'29'W. 181,25 FEET ALONG THE WEST RIGHT-OF-WAY LJNE OF OLD 01XiE: HIGHWAY TO THE POINT OF BEGINNING; THENCE: S76*24"q'W. i24.97 FEET; THENCE H13'.3S'29'W, 10.00 FEET; THENCE N76'24'St'E0 12'2,87 FELT TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF OLD DIXIE HIGHWAY; ~ENCE S25"29'29'E, 10.22 FEE:T TO THE POINT OF aEGINNiNG. SAi0 PARCEL CONTAINS i2.39.21 SQUARE FEET +/- AHO IS SUBJECT TO EASEMEN'P~. RESERVATIONS A~I0 RESTRICTIONS OF RE:CORD. HORlI~ IS EIA~ O~ A 01~ BEARING 04~ ~7~'29'E ~G ~[ [~T RI~T ~ WAY ~ U.~ HIGHWAY P~ O~ REC~ IN 0~, B~ ~, P~ 2~ iN~ RI~ ~JC SKETCH OF LEGAL DESCRIPTION PREP.O~EID MASTELLER, MOLER & REED ~e23 N. US t SUl1'~ D~ SEB.,~qTLA~, FL. 32950 CE:RTIFIED correct to the beet of my knowledge =nd b*Jlef In ¢oelforrnlty with the minimum technl~ol etond~rd~ let forth by the F1.ORIOA BOARD OF PROFE$-~IONAL SURVEYORS and MAPPERS pursuant to eectlon 472.027 of the R.ORiOA ~l,~tutes end 61017-6 of the odmlnls[rqtlve code, · '' sur~.ey~r s ~aal o1 ihe.undermlgned. STUART A. HOUSTON, P.L.S. ~490 PREPARED BY ~ RETURN TO: Timothy M. Williams, Esquirm POTTER, MCCLELLAND, MARKS & HEALY, P.A. 700 S. B~bcock S~ree~, Suite 400 P.O. Box 2523 Melbourne, Florida 32902-2523 GRANT OF LICENSE THIS INDENTURE, made this day of January, 1996 between the City of Sebastian, Indian River County, Florida, party of the first part, and William Legue and Lois Legue, his wife, whose post office address is 1208 US HWY 1, Sebastian, Florida 32958, party of the second part, WITNESSETH, that the said party of the first party, for and in consideration of the sum of one dollar, ($1.00) and other valuable considerations to him in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, grants to the ~arty of the second part, and their heirs, successors, and assigns, a license to excavate for, install, maintain, and use, a water line over the property described in Exhibit A attached hereto, provided that the party of the second part and their heirs, successors, and assigns will indemnify the party of the first part against any damage to said lands or to public utilities located on said lands caused by the acts or omissions of the party of the second part or their agents or employees. THE CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of January, 1996, by , who is personally known to me or producsd a as identification and who did not take an oath. NOTARY PUBLIC My Commission Number:__ My Commission Expires:__ SKETCH OF LEGAL DESCRIPTION NOT A 130UNDARY SURVEY ~ ~ Nt3'~5'29'W lO.O0' of U.s. P0~NT OF' 0EC4NNING met b GRAPHIC SCALE 0 ~ 50 ir, oh = 50 ft. Legal De~oription: IN GOVF. RNMENT LOT S, SECTION 6, TOWNSHIP 31, RANGE 39 EAST. INDIAN RIVER COUNTY, [~IOA, ~O A~O L~NC IN gL~ 1 OF C~RO~ SU~OI~0N NO.I AS REC~O IN PLA~O~ 4, PA~ ~4 ~ ~E PUBUC RECORDS ~ ST. LUCI[ C~N~, ~OR~A. UOl~ PAR~L~Y ~SCRIGEO AS C~M~C~O AT ~E NOE~ST C~HEE ~ SND 00~R~ENT LOt SEC~ON 6, ~SHIP ~1, RANGE 5g [~T: ~CE S~E~Y ALONG ~ST UHE OF SND ~RNM[NT LOT 5, ~82.~ ~ET TO A P~NT RIGHT-~ WAY OF MAiN ~E~: ~tEN~ N8~5'~1'[ 17g.00 ~T TO S~AST CORNER ~ ~E IN~RSEC~ON ~ MAIN S~T ~O U.S. HIOHWAY NC.l: ~IENCE SIT29'29'[. 205.4 rEEl ALONG ~E EAST RIGHT-~-WAY U,S, HI~tWAY NO.I: ~ENCE CONniE S17'2g'2g'~ 192.50 ~T EAST RICHT-~-WAY ~ U.S. HIGHWAY NC.l: ~[N~ N TO ~[ ~ST RI~T-OF-WAY OF ~O ~XlE HIGHWAY; ~[N~ N25~g'29'W. 18~.25 FEET ~ONO m~ ~ST mGHT-OF-WAY UNE ~ ~ DIXIE HIGHWAY TO ~ POINT ~ BECIN~NG: ~[NCE S76~4'51'W. 124.97 ~T~ N15'55'2g'W, 10.~ FEET; ~CE N76~4'31'~ 122.87 ~ET TO A P~NT OH ~ ~ST RIOIIT-0F-WAY UN[ 0r ~ DIXIE HICHWAY: mEN~ 10.22 FE~ TO ~ POINT OF BEGINNING. SAID PARCEL CONTAINS 12~9.21 S~ARE ~E7 +/- AN0 IS SU~CT TO EASEMENt. RESERVA~OHS ~lO RES~ICll~S OF RECORD. SKETCH OF LEGAL DESCRIPTION PRIgPARED BY: MASTELLER, MOLER & REED 1623 N. US i SUITE B~' SRITAEI~AN, FI,. 3~956 CERTIFIED correct to [he best of my knowledge and belief In conformity with [he minimum [echnl'col ~tond~rda eet forth by the FLORIDA BOARD OF PROi~'ESSIONAL SURVLrYORS ond MAPPERS pursurJn[ [o ~ectlon 472.027 of the FI. CRIDA et,:,tutee ond 61G17-6 of the odmlnletrotlve code. ¢ ' ~ur','eycJr ~ ~eal ~)f Ihe.utl(Jer$1g~qed. STUART A. HOUSTON, P.L,S, ~4490 First Resolution under 170.08 1/10/96 Meeting RESOLUTION NO. R-96-0~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A PROJECT FOR WATER MAINS, WATER SERVICE, VALVES, FIRE H~DRANTS, AND OTHER WATER DISTRIBUTION FACILITIES TO AN AREA KNOWN AS THE RIVERFRONT WATER PROJECT EAST OF U.S. i TO THE INDIAN RIVER, RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; CONSIDERING THE TESTIMONY ON THE PROPRIETY AND THE ADVISABILITY OF FUNDING THE PROJECT WITH SPECIAL ASSESSMENTS; MAKING THE FINAL DECISION ON LEVEING THE SPECIAL ASSESSMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida (City) finds that drinking water in the areas from U.S. 1 to the Indian River, running from the City's southern boundary to its northern boundary, is high in chlorides and does not always meet the public drinking water standards; and, WHEREAS, the provision of a central public water supply would provide a dependable and safe supply of public water which would meet the public drinking water standards; and, WHEREAS, a central water system will provide public fire hydrants which would aid in fire protection; and, WHEREAS, the provision of a safe and dependable public drinking water supply to the area adjacent to the Indian River would promote the public health and economic growth; and WHEREAS, the City, on September 28, 1994, adopted Resolution R-94-53 to provide for a public water project for the area east of u.S. 1 to the Indian River running from the northern City limit to the southern City limit of the City of Sebastian, hereinafter referred to as the "Riverfront Water Project"; and WHEREAS, the City has furnished notice by publication and by mail to the owners of property that they may appear at a hearing conducted under the provisions of Sections 170.08 and 170.14 of the Florida Statutes. NOW, THEREFORE, BE IT RESOLVED B~ THE CIT~ COUNCIL OF THE CITY O~ SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. HEARING. The City of Sebastian has met and heard a testimony under the provisions of Sections 170.08 and 170.14 of the Florida Statutes on the propriety and advisability of making the Riverfront Water Project improvements, and funding them with special assessment on property in the Riverfront Water Project area. SECTION 2. PUBLIC INTEREST: After hearing all of the testimony at the hearing, the City does hereby determine and declare it is in the public interest to provide the Riverfront Water Project which is to furnish public water service with water mains, water services, valves, fire hydrants and other water distribution facilities to parcels located east of U.S. 1 to the Indian River running from the City's northern boundary to its southern boundary, the nature and location of which are described in Resolution R-95-68 and more particularly described in the plans and specifications on file in the Office of the City Clerk. ~ 3, FIN/tL DECISION: The City does hereby determine and declare its final decision to levy special assessments for the Riverfront Water Project. The City shall meet hereforth as an equalization board to hear any and all complaints as to the special assessments and shall adjust the special assessments on a basis of justice and rights. SECTION 4. SECTION 170.14, FLORIDA STATUTES: The City imposed a special assessment against certain properties for the Riverfront Water Project with the adoption of Resolution R-94-53 dA-ted September 28, 1994. The City has undertaken the construction of the Riverfront Water Project. The City finds that certain of the assessments set out in the assessment roll adopted with Resolution R-94-53 dated September 28, 1994, are defective and cannot be collected. This Resolution is for the purpose of making a final decision to levy special assessments for the Riverfront Water Project under the provisions of Sections 170.08 and 170.14, Florida Statutes. ~ 5. SEVERABILITX: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 6. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. 3 SECTION 7. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise R. Cartwright Councilmember Ray Halloran adopted this The mayor thereupon declared 'this Resolution duly passed and day of , 19__. CITY OF SEBASTIAN, FLORIDA by: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney Second Resolution under 170.08 1/10/96 Meeting RESOLUTION NO. 96- 03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A PROJECT FOR WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTION FACILITIES FOR THE AREA EAST OF U.S. i TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY;CONFIP~MING THE FINAL APPROVAL OF THE PROPRIETY ANDADViSABILITY OF MAKING THE IMPROVEMENTS FOR THE PROJECT; EQUALIZING, APPROVING, CONFIRMING AND LEVYING SPECIAL ASSESSMENTS ON PROPERTY SPECI~?.?.Y BENEFITTED BY THE PROJECT TO PAY THE COSTS THEREOF; PROVIDING FOR THE PAYMENT AND COLLECTION OF SPECIAL ASSESSMENTS BY THE METHOD PROVIDED FOR BY CHAPTER 170, FLORIDA STATUTES; PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF ~ECORD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ~EPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida (City) imposed a special assessment against certain properties for the Riverfront Water Project with the adoption of Resolution R-94-53 dated September 28, 1994; and whereas the City finds that certain of the assessments imposed by Resolution R-94-53 dated September 28, 1994, are defective and cannot be collected; and whereas this Resolution is for the purpose of equalizing assessments and causing an assessment to be made for the Riverfront Water Project under the provisions of Sections 170.03 and 170.14, Florida Statutes. NOW, THEHEFOHE, BE IT~ESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapter 170, Florida Statutes. ~ 2. FINDINGS: The City hereby finds and determines as A. The City is authorized under Florida law to provide public water projects within the city limits of the City of Sebastian; and B. The City is authorized by Chapter 170, Florida Statutes, to levy special assessments to pay the cost of any such project. C. It is necessary to the public health, safety and welfare that the City provide the project. The project is the Riverfront Water Project which is to provide public water service with water mains, laterals, valves, fire hydrants and other water distribution facilities to parcels located east of u.S. 1 to the Indian River running from the City's southern boundary to its northern boundary, hereinafter referred to as "Riverfront Water Project", the nature and location of which are described in Resolution R-95-68, and more specifically described in the plans and specifications on file in the office of the City Clerk, the cost of such project to be assessed against lands specifically benefitted by such project; and D. The provision of the Riverfront Water Project and the levying of such special assessments serve a proper, essential, and valid public purpose; and E. The City imposed special assessments against certain properties for the Riverfront Water Project with the adoption of Resolution R-94-53 dated September 28, 1994. The City finds certain of the assessments are defective and can not be collected. This resolution is for the purpose of causing an assessment to be made for the Riverfront Water Project under the provisions of Section 170.03 and 170.14, Florida Statutes. By Resolution R-95-68 adopted by the City, the City determined to provide the project and defray the cost thereof by making special assessments on benefitted property. Resolution R-95- 68 was adopted in compliance with the requirements of Section 170.03, Florida Statutes, Section 170.14, Florida Statutes, and the requirements of Section 170.04, Florida Statutes, have been complied with; and F. As directed by Resolution R-95-68, said Resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the City Clerk; and G. A preliminary assessment roll was prepared and filed with the City as required by Section 170.06, Florida Statutes; and H. As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Council adopted Resolution R-95-69 fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the City Council and be heard as to (i) the propriety and advisability of making the improvements, (ii) the cost thereof, (iii) the manner of payment therefore, and (iv) the ~mount thereof to be assessed against each property specially benefitted property and providing for the mailing publication of notice of such public hearing; and I. Notice of such public hearing has been given by publication and by mail as required by Section 170.07, Florida Statutes, and affidavits as to such publication and mailing are on file in the office of the City Clerk. J. At the time and place specified in the Resolution and notice referred to in Paragraph i above, the City Council met and heard testimony as to the propriety and advisability of making the improvements, the cost thereof, the manner of payment thereof and made a final decision to levy special assessments for the Riverfront Water Project. Such final decision was set out in Resolution R-96- K. At the time and place specified in the Resolution and notice referred to in Paragraph I above, the City Council met as an Equalization Board, conducted such public hearing and heard and considered all complaints as to the matters described in Paragraph H above, and based thereon, has made such modifications in the preliminary assessment roll as it deems desirable in the making of the final assessment roll; and L. Having considered the cost of the project and all complaints and evidence presented at such public hearing, the City finds and determines: (i) That the estimated cost of the project is specified in Exhibit "A" hereto and the amount of the cost is reasonable and proper; (ii) It is reasonable, proper, just and right to assess the cost of such project against the properties specifically benefitted thereby using the methods determined by the City Council, which results in the special assessment set forth on the final assessment roll identified as Exhibit "B" to the Resolution and as so marked and filed with the City Clerk; it is hereby declared that the project will constitute a special benefit to all the parcels of real property listed on said final assessment roll and that the benefit, in the case of each such parcel, will be in excess of the special assessment thereon; and (iii) It is desirable that the special assessment be paid and collected as herein provided. SECTION 3. FINAL AUTHORIZATION OF THE CITY PROJECT: The Riverfront Water Project described in Resolution R-95-68, as more specifically described by the plans and specification on file at the office of the City Clerk at 1225 Main Street, Sebastian, Florida, are hereby authorized and approved and the proper officers, employees and agents of the City are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be constructed and accepted by the City. ~ ~ ESTIMATED COST OF IMPROVEMENTS: The total estimated cost of the Riverfront Water Project and the cost to be paid by special assessment on all specially benefitted properties are set forth in Exhibit "A" which is attached hereto and made a part hereof by this reference. ~ 5. EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY OF SPECIAL ASSESSMENTS: The special assessments for the Riverfront Water Project on the parcels specially benefitted by the project, all as specified in the final assessment roll marked as Exhibit "B" w~ch is attached to this Resolution, are hereby equalized, approved, confirmed and levied. Promptly following the adoption of this Resolution, those special assessments shall be recorded by the City Clerk in a special book, to be know as the "Improvement Lien Book." The special assessment against each respective parcel shown on such final assessment roll and interest thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such parcel until paid; such lien shall be coequal with the lien of all state, county, district, municipal or other governmental taxes and superior in dignity to all other liens, titles and claims. The special assessment imposed by this Resolution prevails over any special assessment which is imposed by Resolution R-94-53 dated September 28, 1994, and the special assessments imposed by this Resolution supersede and substitute for the special assessment imposed by such prior Resolution. Exhibit "C" sets out special assessments which are modified or released by this Resolution. The City's agents, employees and attorneys are authorized and directed to take all necessary steps to record any modifications or releases authorized by this Resolution. proj sc= ~as been conG~c=ed Or othe~ise provided ~o ~e ~atisfac~ion of the City, ~he City shall adop~ a resolution accepting ~he same and de~e~ining the actual cos~ thereof, as Irequired by Sections 170,08 and 170.09, Plorida Statutes. The City shall credit to each special assessment for the project ~he I special as hereby made, approved di£ference be=ween the and confirmed and ~he proportionate part of the actual cost of the I project =o be paid by special assessment, as finally determined Iupon completion thereof, but in no event shall the final amount of any such special assessment exceed the amount of benefits Ioriginally assessed hereunder. Such credits shall be entered in the Improvement Lien Book. Once the final amount ~f ~he special I assessments for all of the improvements have been de=ermined, the i term "special assessment" shall, with respect to each parcel, mean the sum of the cos= of the project. Any landowner who has Iheretofore paid such special assessment shall be credited for such payment. I ~CTION ~ PAYMBNT OF SPR~ZAL A~SEBSXENT AND M~THOD OP COLLECTION: i Ail special assessments shall be payable in no more than ten (10) equal yearly installments of principal plus interest charged at a rate of 6.75% per year on =he sum of 2he unpaid principal. The due da~e (credit da~e) shall be fo~y- five (45) days from the e£fec=ive date of the Resolution which accepts the improvements after completion of~he improvements. 7 The first installment of principal and interest shall be due on the credit date. B. The City will record this Resolution, which describes the properties assessed and ~he amount of the I I I assessments on the public records, which shall constitute prima facie evidence of the validity of ~he special = assessments. S~CTION~__. SNV~RABILIT¥= If any section or pa~cof a sec=ion of ~/%ls Resolution is declared invalid or unconstitutional, the i I i validity, force and effect of any other section or part of a section of ~his Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or I i I unconstitutional. ~ 9. ~O~FLXCTB: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 10. ZFFECT~VB D~T~: This Resolution shall take I I i effect immediately upon its adoption. I The foregoing Resolution was Councilmember by councilmember into a ye=s0 the vote was as follows; moved for adoption by i . The motion was seconded and, upon being put I I I Mayor Arthur L. Fir~ion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councllmember Louise R. Car~wright ........ councilmember Ray Halloran The mayor thereupon declared =his Resolution duly passed and adopted this ATTEST: day of ., 19 . CITY OF SEBASTIAN, FLORIDA Az~hux L. Flrtion, Mayor i Kathryn M.'"0tHall0'ran, CM¢/AAE (Seal) Approved as to Form and Con=en~: ¢lff=on A. McClelland, Jr. city A=torney EXHIBIT "A" FINAL COST FOR WATERFRONT IMPROVEMENT Change Oraer ~ January 10. 1996 DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE MOBILIZATION 1 EA 6" DIA DIP/PVC WM 4,477 LF 4" DIA DIP/PVC WM 1,043 LF 6" DIA GATE VALVE 15 EA 4" DIA GATE VALVE74 5 EA FITTINGS 1.79 TON SIDEWALK RESTORATION 31 LF PVD ROAD RESTORATION 568 LF PVD DRIVE RESTORATION 1.416 LF NON-PVD DRIVE RESTORATION 1.875 LF SOD 13.220 LF 2' DIA LONG SERVICE W/METER BOX 6 EA Z' DIA SHORT SERVICE W/METER BOX 4 EA 1" DIA LONG SERVICE W/METER BOX 26 EA 1" DIA SHORT SERVICE W/METER BOX 31 EA SURVEY, STAKEOUT, ASBUILTS 1 LS 2" 8LOW-OFF 10 EA 16" DIA DIP WATER MAIN 11,15'7 LF 16" DIA BFV 22. EA FIRE HYDRANT ASSEMBLY 28 EA 16" DIA AERIAL CROSSING ! LS BOND/INSURANCE 1 LS JACK & BORE 1 LS 1" DIA LONG SERVICE W/METER BOX ON 1 6" WM 26.00 EA 1" DIA SHORT SERVICE W/METER BOX ON 16'NVM 25.00 F_.A JUMPER ASSEMBLY 1 EA 1~" DIA LONG SERVICE W/(2)METER BOX ON 16" WM 4 EA I"A" DIA SHORT SERVICE W/(2)METER BOX ON 16'~/V 4 EA 1~" DIA LONG SERVICE W/(2)METER BOX ON 4&6" W 2 EA 1",~" DIA SHORT SERVICE W/(2)METER BOX ON 4&6" 4 EA 1~" DIA SERV WI(l) METER BOX 1 EA 2- 0lA SERV WI(2) I"DIA SERV & (2) METER BOXES 1 EA REMOVAL & DISPOSAL OF CONCRETE 6 EA REPAIR OF ELECTRICAL SUPPLY 1 LS SURVEY, STAKEOUT. ASBUILTS OF ADD'L SERVICE 1 LS 30,000.00 $ 30.000.00 8.60 38.502.20 6,50 6,779.5O 350.00 1,750.00 5,000.00 8,960.00 7.00 217.00 20.00 11,360.00 15.00 21,240.00 2.00 3,750,00 1,80 23,796.00 1,000.00 6.000.00 400,00 1,600.00 500.00 13.000.00 430.00 12.400.00 10,362.00 10,362.00 350.00 3JS00.00 28.43 245.4~4.00 1,710.00 24,000.00 2,203.48 56,000.00 6,100.00 S,100.00 10.339.77 5.500.00 21,4,97.52 20,500.00 541.00 13,000.00 427.50 10,000.00 6.B70.93 4,800.00 1.125.00 4,000.00 800.00 3,060.00 1,000.00 2,000.00 765.00 3,060.00 1,795.00 1,795.00 2,800.00 2,800.00 150.00 900.00 530,39 530.39 1,662. S0 1 ,$62.50 CONSTRUCTION TOTAL $ 603,278.59 ENGINEERING DESIGN, PERMITTING CONTRACT AOMINISTRATION & INSPECTION SUPPORT SERVICES RELATIVE TO ASSESSMENT PROGRAM 40,400.OO 9,000.00 7.500.00 I I I I I i I I I I I I I I i TOTAL ESTIMATED PROJECT COST ESTIMATED LEGAL ESTIMATED INTEREST ESTIMATED COUNTY OFFICERS FEES 660,178.59 12.500.00 0 0 27,700.00 700.378.59 i I I EXHIBIT B RIVERFRONT WATER PROJECT ASSESSMENT ROLL COLUMN HEADING Gov LOT MAP ID PARCEL ID NUMBER Last & First Name, Street, City, St, and Zip Code Square Footage Unit Cost Total Assessment 10 Annual Installments @ 6.75% DESCRIPTION An asterisk (*) in this column indicates that the property is under public ownership. Specim!~.Note: No special assessment lien is imposed on any property which is publicly owned. A platted map of the special assessment area showing the MAP ID number of each parcel is available in City Hall The legal parcel number of the lot assigned by the County Tax Assessor The name and address of the legal owner of the parcel as contained in the County Tax Assessor's Office records Number of square feet the parcel contains Cost per square foot of project area; Total Cost + Total Square Footage = Unit Cost $700,379 + 5,152,724 = $0.135924 per sq. foot Unit Cost x Square Footage of parcel The annual payment if the property owner elects to pay in installments over the 10 year period 00000~I 0010000~i~.I :n I m~omooooO00000000000oOoooooooOooO0000~ Io o ???T??~??? ooo ....... ooo ........ ooo ...........~ ............................. 888;;¥!8888; §o o o o oo ~§g: ....... o§ ...... .......... I~ .......................... __ © m ITl © m .-~ i'rl rn 0 'TI m > 0 m 0 m i-- ITl RIVERFRONT WATER PROJECT ASSESSMENT 06-. $746.37 Final 5O CITY OF SEB - DOCK 700 MAiN STREET SEBASTIAN ST - BLDG 3295 SUB NO $ PBS 4-74 LOT S 21.5 FT OF LOT 2 BLK 3 'Uq . U Preliminary $784.32 Final $746.63 CITY OF SEBASTIAN 700 MAIN STREET SEBASTIAN FL MAiN ST - DOCK 32958 PART OF GOV LOT 5, A SUBMERGED PAR AS FOLL; FROM ~W COR OF GOV LOT 5, RUSS ALONG W BDRY 382.06 FT TO S R/W OF MAiN ST N 83 DEG 25 MIN 31 SEC E 386.77 FT TW R/W OF OLD DIXIE HWY S 25 DEG 29 MIN 29 SEC E ALONG SAID R/W 235 FT; N 82 DE 18 MIN 31 SEC E 118.76 FT TO W BANK OF IR TO N R/W OF OLD MAIN ST BEING 60 FT I WIDTH. N 63 D~G 56 MIN 09 SEC E 170.62 FT TO ESTHED BLKHD; TE S 25 DEG 33 MIN 51 SEC E 295.2~ ~T; S 63 DEG 56 MIN 09 SEC W 170.62 FT TO P.O.B. AS R BK 214 P 78 arce± ~ 1 Lnary $4,478.23 Final $4,262 CITY 820 SEBASTIAN [VER DRIVE YACHT CLUB 32958 PART OF GOV LOTS 7 E OF FR NE COR BLK 2, 36 MIN Z & p.~OJLLLEL E R/W LINE ST RD ~5, SAID E 150 FT, TH N 70 DEG 45 MIN INDIAN RIVER, TH MEANDERIi OR LESS TO A PT AT MIN E 20 FT MORE O] TO PO] BOUNDED & DESC FR NE PBI 1-23, DEG 36 MIN R/W LINE ~5, TH S 20 DEG 45 MIN FT FOR OR LESS TO TH N 70 DEG 45 MINE 190 70 DEG 45 MIN W 190 FT TO MHW MARK 150 FT MORE OF E RD 5: MOR] DESC AS FOLL: SUB PBI '; RUN N 72 DEG AVE, 80.14 FT TO TH S 20 DEG 45 MIN 'FT, MORE OR LESS TO W BANK OF SAID W BANK 150 F! MORE )B, TH S 70 DEG 45 TOG ~BMERGED LAND R BLK 2, PARK SUB 80.14 FI TO CT WITH ELY 5 MINE 150.0 FT, 70 DEG MARK OF INDIAN DB, TH N 20 DEG 45 MIN W MARK OF INDIAN RIVER, TH SS TO POB by Finance Department 1/5/96 Page 8 ID '.m/nary 13005 RIVERFRONT WATER PROJECT ASSESSMENT $2,674.50 SES PRTSP RIVER DR FL BRADDOCKS ,S 4-45 LOT 9 LESS BK 21 PP 182 & K 31, PPS 325 & Final 32958 , STS & ALLEYS, , AS AL DES IN $2,545.9~ D 345 PP 4 Prelim/nary $2,363. PRATT SEBASTIA/q HARDEES SUB NO B PBS 4}74 LOTS LOTS 18, 19, & 20 & R/W OF BLK 1 & ALSO LOTS 9, 10 & 11 Parcel ID Prelim/nary PRUESS 936 U S ~1, W A 6-31-3 $2 10 A FL SUB PBS 3}12 LOT 6 LESS .11 FT BLK 3 'inal $2,249.92 & PART OF ALLEY BTWN 1 AS R BK 29 PP 32 $2,427.55 [I~L & JOAN 32958 LY 26.11 PT & LOT 7, Preliminary $2,429.79 Final $2,313.02 RAYNOR P O BOX 780115 SEBASTIA/q STELLAR 32978-0115 W A MARTINS SUB PBS 3}12 LOT 7 WITH RIP RTS AS D BK 83, PP 475 & AS R BK 93 PP 34 BLK 5 OR E & A PARC OF SUBMERGED LAND BEING PART OF GOV LOT 6 AS FOLL: FR N COR OF LOT 7 BLK 4, W A MARTIN SUB SAME BEING INTERSECTION OF N R/W OF LOT 7, W R/W OF A 16FT ALLEY, RUN N 74 DEG 28 MINE 377.46 FT, BEING EXTENSION OF N LINE OF LOT 7, TO W BA/~K OF IND RIV, SAID PT BEING POB, TH N 70 DEG 45 MIN 3 188 FT TO INTERSECT WITH ESTBLD BLKD LINE S 21 DEG 08 MINE 50.14 FT, S 70 DEG 45 MIN W 188 FT TO W BANK OF IND RIV N 21 DEG 08 MIN W 50.14 FT TO POB AS R BK 216 PP 488 Prepared by 'Finance Department 1/5/96 Parcel fD Preliminary RIVERFRONT WATER PROJECT ASSESSMENT 31-~0-39-00000-0020~000~4 0 $1,150.71 Final $1,095.41 SEBASTIA/~ HARBOUR LTD. 10 NE THIRD ST FT LAUDERDALE 33301 COM ON THE MEA/q HIGH WATER LINE OF THE W BANK OF THE !ND RIVER WHERE THE SAME INTERSECTS THE S LiNE OF GOVT LOT 2, THENCE RUN W ALONG THE S LiNE OF SAID GOVT LOT 2 A DIST OF 116.57 FT TO THE E R/W OF IND RIflER DR. THENCE RUN NWLY A_LONG SAID E R/W A DIST OF 71.35' FT THENCE RUN 3 & P.~TALLEL WITH THE S LINE OF GOVT LOT 2 A DIST OF 116.57 FT MORE OR LESS TO THE MEAN HIGH WATER MAR OF THE W BANK OF THE IND RIVER. THENCE MEANDOR SAID MEAN HIGH WATER LINE IN A SELY DIRECTION TO THE P.O.B. ALSO A PARCEL OF SUBMERGED LAND DESC AS FOLLOWS; COM AT THE INTER- SECTION OF THE S LINE OF GOVT LOT 2 WITH THE MEAN HIGH WATER MARK OF THE W BANK OF THE IND RIVER. RUN N 70 DEG 45 MIN E A DtST OF 145 ET THENCE RUN N 19 DEG 15 MIN W A DIST OF 65 FT. THENCE RUN S 70 DEG 45 MIN W A DIST OF 140 FT MORE OR LESS TO THE MEAN HIGH WATER MARK OF THE W BANK OF THE IND RIVER. THENCE RUN SELY ALONG SAID W BANK TO THE POB(OR BK 492 PP 283) 'minary $i7,726.31 Final $16,87 INLET MARINA & TRAJDING CO 9301 SUITE 4 VERO FL 32963 INDIA/~ RIVER 5S SUB PBI 4- PA~RT OF 21 BLK INC ABND ORD ~92.13 Parcel ~ Prelirainary $3,794 LOTS 8, 9, 10, R/W PER Lg, 20 & OF SEBASTIAN $3,611.72 SEBASTIAN INLET MARINA & ~RADING CO VERO BEACH 32963 INDIAN RIVER HILLS warce~ ~ Jo- 8,9 & 10 BLK 2 Preliminary ,741.53 Final $1,657.84 POPOW LEONARD 1627 U ~1, SUITE 12 ~ 7L 32958 RIVER HILLS SUB PBi 4}5 iALL LOT 5 & LOT 6 LESS S LK ~ = (OR BK 491 P 290) Oeparument 1/5/96 43 RIVERFRONT WATER PROJECT ASSESSMENT $1,617.14 Final 1,539.42 VELDE W 1395 US ~1 VERO BEACH 32960 S 112.6 FT PP 507 9, 10, BLK 5, LESS HWY 650 PP 401) iN DB 11 Prelim-~nary $1,670.03 Final VELTMAN MARY P O BOX 781658 SEBASTIAN FL 32978-1658 $1,589.77 COM ON THE MEAN HIGH WATER MARK OF THE W BANK OF THE IND RIVER WHERE THE SAME iNTERSECTS THE S LINE OF GOVT LOT 2, RUN W & A~LONG THE $ LiNE OF SAID GOVT LOT 2 A DIST OF 116.57 FT TO THE E R/W LINE OF OLD DIXIE HWY.THENCE NWLY & ALONG THE SAID E R/W LiNE OF OLD D/H A DIST 0F71.35 FT TO THE P.O.B., THENCE CONT N~4LY ALONG SAiD E R/W 100 FT, THENCE E & P.~d~J~LEL WITH S LINE OF GOVT LOT 2 124.75 FT TO THE MEAN HIGH WATER MnARK OF THE W BANK OF THE !ND RivER, THENCE SEL A_LONG THE W BANK OF THE IND RIVER 100 ET TO A POINT THENCE RUN W & PA3U~LLEL TO S LINE OF GOVT LOT 2 TO THE POB. ALSO A P.~RCEL OF SUBMERGED LAND DESC AS FOLL: COM AT THE INTERSECTION OF S LINE OF GOVT LOT 2. WITH THE MEAN HIGH WATER M3kRK OF THE W BANK OF THE IND RIVER. RUN N 70 DEG 45 MINE A DIST 0F145 FT. THENCE RUN N 19 DEG !5 MIN W A DIST OF 65 FT TO THE P.O.B., TH RUN N 19 DEG 15 MIN W 100 FT TO A POINT. TH RUN S 70 DEG 45 MIN W 135 FT TO THE MEAN HIGH WATER M3kRK OF THE W BA~K OF THE IND RIVER. SELY ALONG THE W BA/~K OF THE IND RIV 100 FT, TH N 70 DEG 45 MINE 140 FT MORE OR LESS TO THE POB (OR BLK 492 PP 282) ID $ .0 $6,779.54 Final 53.73 VERO BEACH PRESS BOX 1268 VERO BEACH 32961-1268 EDGEWATER PARK LOT 17 AS I: BLK 2 1}23 ELY 40 FT PP 449 SLK 2 & LOTS 4, 5 3 & ELY 40 FT OF .9, 20 & 21 Prepared by F£nance Depar~menn 1/5/96 Page 52~ Parcel ID ~ RIVERFRONT WATER PROJECT ASSESSbIENT 0~-~i~-~)000 i-0020-00005. I ........ Preliminary $2,052.52 Final HART MARIA (TR) 1546 g US ~1 SEBASTIAN FL 32958 $0.00 MIDDLETON SUB PBI 2}56 S 5 FT OF LOT 5 LOT 6, LESS HWY R/W AS 'IN D BK 111, PP 509 BLK 2 $476.85 Final $45~ HART MARIA (TR) 1546 N ~1 32958 RIVER OAKS OR BK 667 698 UNIT A-8 ~a£cel j Preliminary 669.66 Final $3,493.30 HjKRT 1546 N US ~1 SEBASTIg_N MARIA OCEAN BREEZE HTS SUB PBI AT NW COR OF LO 5, BLK 6, THENCE SELY ALONG N BDRY OF 5. THENCE $ TO NE COR OF LOT 5 PP 118 & LOTS 5,6,7 & LOG 8 LE: Parcel ID Preliminary $1,554.9 A AS FOLLOWS. BEG TO NW COR OF TRACT A, PT DUE N OF NE COR OF LOT 50 FT TO P.O.B. D BK I01, R/W BLK 6 $i,48o.zi HEEN ORGER 729 CLE%rELAND ST SEBASTIAN 32958 VERNA EDGEWAT~R PBI 1-23 LOTS .0 & 11 BLK 2 Parcel ~t 06-31-39-00016-0, )0-00004.0 :y $2,~74.50 Final 45.97 Hg] KE RCNALD 0 CLEVELAND ST FL 32958 RESUBDiVISIOb! OF BLK i OF EDGEWAT PARK PBI 2-40 LOTS 4, $ & 6 Pr ' ' inance Department 1/5/96 Page 21 Re: AMENDMENT TO THE INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and the CITY OF SEBASTIAN, FLORIDA Construction of the Riverfront Water ~oject THIS AGREEMENT, made this day of January, 1996, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960, (hereafter COUNTY), and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, the address of which is 1225 Main Street, Sebastian, Florida 32958, (hereafter CITY), WI TNE S S E TH THAT: WHEREAS, the City of Sebastian entered into an Interlocal Agreement with the COUNTY to construct a public water project known as the Riverfront Water Project, within the City of Sebastian, on January 11, 1995, and WHEREAS, thereafter the CITY and the COUNTY entered into an Agreement dated 20th day of September, 1995, for the CITY to sell the COUNTY its utilities system, and WHEREAS, the CITY has a legal obligation to complete and pay for the Riverfront Project, and WHEREAS, the CITY is in the process in imposing a special assessment to pay for the Project, and WHEREAS, the Agreement of January 11, 1995 requires the COUNTY the completion of the project to transfer title to the project to the CITY, and WHEREAS, the COUNTY has substantially completed the Riverfront Project, and WHEREAS, the CITY desires to accept the Project on completion and transfer and convey the Riverfront Project to the COUNTY in accordance with the September 20, 1995 agreement. NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the COUNTY and the CITY agree as follows: 1. Recitals True and Correct: The Recitals set out in this Agreement are true and correct. 2. Completion of Project: The COUNTY shall notify the CITY in writing when the Riverfront Project is complete. The COUNTY'S professional engineer shall certify completion of the work in accordance with the plans and specifications of the Project. On completion of the project the CITY shall adopt a resolution accepting the project under the provisions of Section 170.09 of the Florida Statutes. 3. Transfer of Title: The COUNTY shall furnish a bill of sale to the CITY upon completion of the project. The CITY will make a final payment to the COUNTY for the project and execute any documents necessary to transfer the Project to the COUNTY. 4. AGREEMENT: This Agreement amends and supersedes the Interlocal Agreement dated January 11, 1995, between the CITY and the COUNTY. Any provisions of the January 11, 1995 agreement which are not specifically amended in or superseded in this Agreement shall remain in full force and effect. 5. Severabilit¥.: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. 6. Entirety: This Agreement represents the entire understanding and Agreement between the parties and no other Agreements, either oral or written, exist between the parties. ~ I~ WITNESS WHEREOF, COUNTY and CITY have entered into this Agreement on the date first above written. Attest: Jeffrey K. Barton, Clerk INDIAN RIVER COUNTY By: Chairman Attest: CITY OF SEBASTIAN By: Clerk Mayor Approved as to form and content: Clifton A. McClelland, Jr. City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of January, 1996, by , as Chairman, and Jeffrey K. Barton, as Clerk, of the Indian River County Board of County Commissioners, on behalf of said COUNTY. They are personally known to me. NOTARY PUBLIC My Commission Number: My Commission Expires: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of January, 1996, as Mayor, and Kathryn O'Halloran, as Clerk, of the City of Sebastian, Florida, on behalf of said CITY. They are personally known to me. NOTARY PUBLIC My Commission Number: My Commission Expires: I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP FRIDAY, DECEMBER 15, 1995- 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a workshop, unless provided in the meeting call (in accordance with R-95-33) 1.. Mayor Firtion called the workshop to order at 6:05 p.m. 2. ROLL CALL City_ Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran City Manager, Joel Koford City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Mayor Firtion announced that there will be no public input at tonight's workshop. He advised that any objections to any items be submitted to the City Clerk. City Council Workshop December 15, 1995 Page Two 3. WORKSHOP ITEMS 95.213 A. Ci.ty Manager Selection Procedure ,ICMA Range Rider W.E. Pete Knowles (Backup Previously Distributed) Pete Knowles, ICMA Range Riders representative, went over backup he distributed to City Council (see attached). He advised the City Council members to talk among themselves and determine what they want in a City Manager and reported that he had received a commitment fxom two other Range Riders to serve with him as a screening committee. He said he intends to have the applications to the other members by the end of next week and that it is normal procedure to screen down to a suggested list of ten or two groups of five for City Council consideration. Mr. Halloran said he was looking for a professional City Manager who functions through staff. Mrs. Cartwright said she was looking for someone action oriented, having knowledge of growth management a team builder, having financial background and planning skills, and a person who has served as a senior department head for five years as well as City Manager or assistant City Manager. Vice Mayor Corem said she was looking for someone with the ability to evaluate department heads, a team builder, planning skills, a well seasoned manager, someone pro-active, with knowledge of state and federal agencies including FAA, and knowledge of regulations for a coastal community. Mayor Firtion said he was looking for someone who lives in the community, said he did not put too much weight in airport and block grant matters, a real manager who can step in and help department heads rather than cut heads, and someone pro-active. Mrs. Damp said she was looking for a professional with City Manager experience, knowledgable in the finance field and knows the budget, someone who understands the need for industrial development, aggressive in meeting deadlines, a communicator with Council and public, responsive to the public and to political factions, strong on scheduling, and a motivator City Council Workshop December 15, 1995 Page Three and people person. Mr. Halloran went on to list courage of convictions and responsibility for decisions made. Mrs. Cartwright went on to list ability to communicate with Council and staff and someone who requires personal integrity and is strong in ethics. Vice Mayor Corem went on to list someone who meets deadlines, a good communicator and motivator, a facilitator type personality, someone who doesn't like to hear themselves talk, someone who is not afraid to discipline, someone who isn't afraid to make changes, someone who will hire the best person they can get and not be bullied. Mr. Halloran said it was unique that the City will be bringing new people on board simultaneously with the new manager. Mr. Knowles then went over his handout regarding goals and objectives. TAPE I - SIDE II (6:52 p.m.) In response to Mr. Halloran, Mr. Knowles defmed "village", "town", "city" stating that each state defines them differently. Vice Mayor Corem also recommended someone with enterprise fund experience, waterfront experience and knowing where grants are to delegate to staff. Mr. Knowles said he had access to a list of all federal and state grants. Mr. Knowles said he should have a reply from the screening committee by the end of this coming week and have it to City Council by the beginning of the following week. He advised City Council to begin its review of applications now. He advised City Council to sit down with its new manager and review goals and objectives and advised City Council about performance evaluations. City Council Workshop December 15, 1995 page Four 95.2i~8X- B. Recommended Changes to City_ Charter (Proposed Changes) The City Manager presented suggested changes to the City Charter. ~e City Attorney advised that each question be kept separate. He said he wb~[[d review each issue to determine whether it requires a ballot question. 1) ~xtend airport leaces to 50 years. Discussion took place on the appropri)~[e number of years for leases. City Council concurred with 50 2) Chan~ Tenns for Elected Officials. The City Attorney said the date of the elec~0~ can be changed, however, changing terms for elected officials will requir~a referendum. The City Manager further explained his proposal for four ~,ear staggered terms for all but the Mayor who would serve two years and be~cted by the voters. x, TAPE Ii- SIDE I (7:39 p.m.) Nkkx Consensus Poll: Mrs. Cartwright - yes 4 years - no Vice Mayor Corem - yes to 4 years - Mayor by people every 2 years Mayor Fixtion - yes to 4 years - yes to years Mr. Halloran - yes to 4 years - no to election Mrs. Damp - yes to 4 years - no to election years of Mayor by people questions - yes to election of of Mayor by people every 2 by people by people every 2 Mayor Firtion recommended rotation of Vice Mayor. Discussion of salaries and reimbursement of expenses took Manager said salaries can be changed by ordinance. The City Discussion took place on changing the date of the election to which the City Attorney said he believed could be done by 4 City Council Workshop December 15, 1995 Page Four 95.218 B. Recommended.~hanges to City Charter (Pronosed Change.~) The City Manager presented suggested changes to the City Charter. The City Attorney advised that each question be kept separate. He said he would review each issue to determine whether it requires a ballot question. 1) Extend airport leaces to 50 years. Discussion took place on the appropriate number of years for leases. City Council concurred with 50 years. 2) Changing Terms for Elected Officials. The City Attorney said the date of the election can be changed, however, changing terms for elected officials will require a referendum. The City Manager further explained his proposal for four year staggered terms for all but the Mayor who would serve two years and be elected by the voters. TAPE II - SIDE I (7:39 p.m.) ~onsensus Poll: Mrs. Cartwright - yes 4 years - no to election of Mayor by people Vice Mayor Corum - yes to 4 years - separate questions - yes to election of Mayor by people every 2 years Mayor Firtion - yes to 4 years - yes to election of Mayor by people every 2 years Mr. Halloran - yes to 4 years - no to election of Mayor by people Mrs. Damp - yes to 4 years - no ~ to election of Mayor by people every 2 years Mayor Firtion recommended rotation of Vice Mayor. Discussion of salaries and reimbursement of expenses took place. The City Manager said salaries can be changed by ordinance. Discussion took place on changing the date of the election to November which the City Attorney said he believed could be done by ordinance. 4 City Council Workshop December 15, 1995 Page Five It was decided to wait until the new Supervisor of Elections is on board before ,any discussion of changing the date took place. 3) Delete Charter Officer Reference and Place City_ Clerk as Department Head under the Ci_ty Manager. The City Manager said he believed this required a charter change. Mrs. Cartwright said FLC reports that it is a 50-50 between City Clerks as charter officers or appointed. Consensus Poll: Option A - keep appointed by Council - Option B - delete Charter Officer reference Mrs. Cartwright - Option A Mr. Halloran - Option B Corum - Option B Damp - Option B Firtion - Option B The City Manager recommended that language be proposed that the removal of the City Clerk by the City Manager must be ratified by the City Council. Mayor Firtion recommended a contract for the City Clerk. TAPE 11 - SIDE II (8:35 p.m.) The City Attorney said he would review which items require referendum questions. It was decided to split the question on the four year terms/elections every two years and the election of the Mayor. Vice Mayor Corem inquired about the proposed 4.14 amendment relative to the emergency selection of the Council by the Mayor rather than the Clerk. Being no further business, Mayor Firtion adjourned the workshop at 8:37 p,m. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 FAX (407) 589-5570 i I I I I MINUTES SEBASTiAN CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 20, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY CLERK- 1225 MAIN STREET, SEBASTIAN, 'FLORIDA I I Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-95-33) 1. Mayor Firfion called the Regular Meeting to order at 7:00 p.m. I 2. The Pledge of Allegiance was recited. I 3. Invocation was given by Paul E. Hauenstein, Christ the King Lutheran Church. I 4. i I I City_ Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio I I Regular City Council Meeting December 20, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) The City Manager requested that item 10B Appointment of Co-Chairperson for Fourth of July be tabled to January 10, 1996. MOTION by Halloran/Damp So moved. ROLL CALL: Vice Mayor Corum Mrs. Cartwdght Mrs. Damp Mr. Halloran Mayor Firtion MOTION CARRmD 5-0 - aye - aye - aye - aye 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. PUBLIC HEARING, FINAL ACTION None. 2 Regular City Council Meeting December 20, 1995 Page Three 95.143 95.219 CONSENT 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 - 12/6/95 Regular Meeting Sebastian Jaycees - Dancemania IV Teen Dance Fundraiser - Originally Scheduled and Approved for 12/15/95 - Change Date to 1/19/96 (City Clerk Transmittal 12/5/95, 8/23/95 Minutes Excerpt, Application) RESOLUTION NO. R-95o67 - City Clerk Pay Increase (Human Resources Director Transmittal 12/12/95, R-95-67) A RESOLUTION OF THE CITY OF SEBASTIAN, PROVIDING FOR THE CONSIDERATION OF A PAY INCREASE FOR THE CITY CLERK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read the consent agenda and the City Attomey read Resolution No. R-95-67 by title only. MOTION by Cartwfight/Halloran I move approval of the consent agenda as presented. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 5-0 Regular City Council Meeting December 20, 1995 Page Four 9. PRESENTATIONS 95.041 A. Eric Nielsen - Greiner. Inc. & FDOT Representative - Supplemental A_~eement #2 - Aimort Runway 4/22 (City_ Manager Transmittal Eric Nielson, Greiner, Inc. responded to questions from City Council relative to funding for the master plan, noting statements made during his last attendance are still valid. He said he believed the question of City Council is why did the FDOT not approve the airport master plan. Harry Downing, FDOT District 4, said FDOT was not offered an oppommity to officially approve the plan and had no participation in funding the plan, said FAA accepted the plan with certain reservations, therefore, FDOT would not stand in the way of projects just because it did not officially approve the plan nor was it required to officially approve it. He said Mr. Van Antwerp provided the final master plan to FDOT approximately ten months ago. He said none of the projects directly related to the reactivation of 9-27 have been entered into the work program because FDOT has not been asked to enter them into the work program. Mr. Downing said FDOT has agreed to reconstruction of 4-22 at this time. He responded to Mr. Halloran that the City, based on FAA's approval of the master plan, would not be hampered from seeking additional funding from FDOT. Eric Nielson responded to Vice Mayor Corum that his statement at his last appearance was that FDOT has not approved the document and that the funding from FDOT and FAA is very marginal because of priorities. He said a lot of the projects to reactivate 9-27 are of low priority. Mr. Downing said his gut feeling was that because of a downswing in funding levels for district 4 plus the low priority of the projects in the plan, these projects would not compete well. Mr. Downing said that runway 4-22 would be 90-10 split, and that in his opinion land acquisition, airport drive west, poweflines, FBO facilities, clear RPZ and OFA would probably be a 50-50 split, and reconstruction of runway 9-27 would probably be a 90-10 split. 4 Regular City Council Meeting December 20, 1995 Page Five Frank De Joia, 11625 Roseland Road, urged implementation of the Airport Master Plan as adopted with nmway 9-27 as the primary nmway. Walter Barnes, 402 Azine Terrace, Sebastian, urged Council to complete nmway 4-22 before funding is lost. John Evans, 11155 Roseland Road, Roseland, urged implementation of the Airport Master Plan as adopted and to postpone action on the Greiner agreement amendment until negotiations can take place on the entire master plan. Warren Dill, 11675 Roseland Road, Sebastian, urged implementation of the Airport Master Plan as adopted. TAPE i - SIDE II (7:48 p.m.) Mr. Dill's input continued. He asked whether Greiner had been requested to pursue funding to implement the master plan. He submitted a handout to City Council (see attached) and suggested condemnation of the two existing FBOs which require being moved. Bob Freeland, 733 Wentworth Street, Sebastian, said 4-22 is currently the main runway and urged utilizing available funds to refurbish it. John Van Antwerp, 5225 94th Lane, Sebastian, gave a brief history of the airport master plan and urged City Council to try to maintain its funding for runway 4-22 and to go forward with the master plan as adopted. Steve Johnson, 12385 Roseland Road, discussed the poor condition of 4-22, urged City Council to maintain its funding for runway 4-22 and Airport Drive West paving and to go forward with the master plan as adopted. Eric Nielsen responded to questions fi.om City Council relative to the proposed program schedule. Regular City Council Meeting December 20, 1995 Page Five Mr. Downing reiterated that runway 4-22 would be a 90-10 split and that, in his opinion, land acquisition, airport drive west, power lines, new FBO facilities, clear RPZ and OFA would possibly be a 50-50 split, and reconstruction of rtmway 9-27 would probably be a 90-10 split. In response to Mr. Halloran, Mr. Downing said it is not correct that if FDOT funds are accepted, the City cannot seek FAA funds. He noted that the Joint Automated Capital Improvement program is a means by which an entity can seek funding for a project from both agencies simultaneously. The City Manager said when corrected drawings for Airport Drive West are obtained from the engineer the City can go to bid. Mr. Nielsen said funds for Airport Drive West were not available when the FDOT was approached for funds by John Van Antwerp. He said that consultants for airport projects are selected under the provisions of the rules and regulations of the CCN& based upon qualifications. He said if the City selected a consultant to design work for federal and/or state funding for the airport and not by CCNA procedures, it would be his understanding that it would not be eligible for funding. He said he believed the department must be involved in consultant selection process and the City Attorney must verify that that took place. TAPE II - SIDE I (8:36 p.m.) Mrs. Damp discussed the poor quality of the existing runways, said the ball has been dropped by the consultants and that they need to talk to higher- ups. Eric Nielson said his firms' only obligation is to design the plan and the FAA needs to hear from the City. Mrs. Cartwfight recommended that something be done to seek funding and expressed concern that runway 4-22 not go forward until other parts of the plan can be addressed. Vice Mayor Corum said Williams, Hatfield and Stoner were probably better able to go forward with the plan. 6 Regular City Council Meeting December 20, 1995 Page Seven MOTION by Cartwright/Comm I move to defer approval on supplemental agreement #2 until such time as staff can return to Council with an RFP to proceed farther with the airport master plan elements by the first regular meeting in February. Discussion of the need to pave runway 4-22 took place. The City Manager suggested Council not get sidetracked because one source of funds appeared before others and cautioned members not to expect that because it makes a decision in February funding will be readily available. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 10. COMMITTEE REPORTS/RECOMMENDATIONS A. POLICE OFFICERS RETIREMENT BOARD.OF TRUSTEES 95.220 ,Affirnl Reappointment of Fifth Member - Jud_v Robinson (Police Pension Board Transmittal 12/4/95. PPB Memo Vice Mayor Corem requested that all board members fill out applications. MOTION by Comm/C~~t i approve this recommendation from the Police Pension Board. ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwright Mrs. Damp MOTION CARRIED 5-0 - aye - aye - aye - aye 7 Regular City Council Meeting December 20, 1995 Page Eight B. FOURTH OF JULY COMMITTEE 95.221 1. 11. Appoint Wa_mae Kroegel Fourth of Suly Co,Chairperson (City Manaeer Transmittal 12/12/95~ This item was tabled to the January 10, 1996 Regular Meeting. OLD BUSINESS 95.157 ho Reauest for Extension to Re~air/Restore Mobile Home at 320 Tangelo Street (Building Detmxtrnent Transmittal 12/12/95, Fleischman Letter 9/20/95 and 11/12/95) MOTION by Cartwfight/Halloran I move to grant the request for a 60 day extension. ROLL CALL: Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MO~ONCARRIED5-0 Regular City Council Meeting December 20, 1995 Page Nine 12. 95.222/ 94.180 NEW BUSINESS Ao RESOLUTION NO. R-95-68 - Declaring Special Assessments for Riverfront Water Project (City Manager Transmittal 12/15/95, R~95-68) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDiNG FOR WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTIVE FACILITIES FOR THE AREA EAST OF U.S. 1 TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, LOCATION OF THE IMPROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, MANNER OF ASSESSMENT, ASSESSMENT PLAT, SECTION 170.14 FLORIDA STATUTES IMPOSITION ASSESSMENT ROLL, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILITY; PROVIDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attomey read Resolution No. R-95-68 by title only and noted that he had distributed a revised resolution (see attached). The City Manager explained the revisions. John Hadaway, property owner on the west side of U.S. 1 said he would address the issue at a later date. Mr. Halloran was excused at 9:00 p.m. The City Attorney explained the proceedings for adoption of the assessment documents and January 10, 1996 hearing. 9 Regular City Council Meeting December 20, 1995 Page Ten MOTION by Corem/Damp I move approval of Resolution No. R-95-68 with the changes proposed by the City Attorney. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye MOTION CARRIED 4-0 95.222/ 94.180 RESOLUTION NO. R-95-69 - Setting Time and Place for Interested Parties to be Heard - Riverfront Water Project and Assessment (See Transmittal Above, R-95-69) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE AREA EAST OF U.S. 1 TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE RIVERFRONT PROJECT INCLUDING THE WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTIVE FACILITIES, AS TO THE COST THEREOF, AS TO THE MANNER AND PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITTED THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTiVE DATE. The City Attorney read Resolution No. R-95-69 by title only. 10 Regular City Council Meeting December 20, 1995 Page Eleven 13. MOTION by Cartwright/Comm i move to approve Resolution No. R-95-69 as amended by the City Attorney and establish the public hearing date January 10, 1996. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSINESS FROM THEPUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Charles Stachel, 1698 Coral Reef Street, Sebastian, offered information relative to how the City can purchase Marker 68 Marina and adjacent property. He suggested selling the City's Main Street ramp facility and using the proceeds to purchase the marina. Walter Barnes, 402 Azine Terrace, Sebastian, discussed qualifications for a City Manager discussed by Council at its December 15th workshop and urged that goals and objectives be established and submitted to the new City Manager; discussed the City Clerk's performance appraisals submitted by City Council and inquired whether the City Clerk was given goals and objectives. Dennis O'Hara, 402 Azine Terrace, Sebastian, said his builder was quoted $3367 to hook up County water to an existing city pipe but had been previously quoted a price of $1800 when the utility was under the City. He said he had spoken to Harry Asher, Indian River County Utilities and was told that whether or not a pipe was previously installed the hookup fee was the same. He requested an answer. 11 Regular City Council Meeting December 20, 1995 Page Twelve TAPE Ii - SiDE II (9:34 p.m.) John Hadaway, 1671 North U.S. 1, Sebastian, distributed a handout including a science project showing effects of marijuana and alcohol use, a rolling paper and newspaper article about a police accident and urged the legalization of drugs. 14. CITY COUNCIL MATTERS A. Mrs. Louise Cartwrieht Mrs. Cartwright requested the City Manager meet with Mr. O'Hara's; inquired where the capital projects wish list is; and wished everyone a happy holiday and urged people not to drink and drive. B. Mrs~Norma Damo None. C. Mr. Raymond Halloran Absent. D. Mayor Arthur Firtion Mayor Firtion wished everyone a Merry Christmas. E. Vice Mayor Carolyn Corum Vice Mayor Corem reiterated that she wanted applications from all people who serve on boards, to which the City Attorney responded that the Police Pension Board was an independent board and did not have to go by the City's roles; appointed herself to the Riverfront Task Force. Mrs. Cartwright said she did not agree to a City Council member being a member of an advisory board. The City Attorney said it was a policy call by the Council and Mayor Firtion suggested delaying this matter to the next meeting. 12 Regular City Council Meeting December 20, 1995 Page Thirteen 15. CITY ATTORNEY MATTERS None. 16. 17. CITY MANAGER MATTERS The City Manager wished everyone a happy holiday. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:45 p.m. Approved at the ,1995, Regular City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 13 I I City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 i I I I i i SUBJECT: RESOLUTION R-96-01 REPEAL RESOLUTION R-88-67 THE OFFICE OF DIRECTOR OF COMMUNITY DEVELOPMENT APPROVED FOR SUBMITTAL BY: Manager: . Dept. Origin:HUMAN. RESOURCES Date Submitted For Agenda Of Exhibits: R~6~l ~R-8~-67 , 10/30/95 0,,l/.lo/~ APPROPRIATION EXPENDITURE REQUIRED: NONE CURRENT COST: N/A REQUIRED: NONE I I i I i I I I S~%DfMARY STATEMENT Resolution R-88-67 provides for an office of Community Development and assigns a job description that requires the Director to also be the Building Official. The City no longer needs the dual function of Community Development Director and Building Official. These are in reality two separate functions. RECOM~ENDATION Move to approve and adopt Resolution R-95-65 eliminating the job description of the office of Director of Community Development. RESOLUTION NO. R-96-01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-88-67, WHICH ADOPTED THE JOB DESCRiPTiON OF THE OFFICE OF DIRECTOR OF COMMUNITY DEVELOPMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council combined the positions of the Building Official and the Director of Community Development to coordinate the functions of the Building Department, Planning and Zoning, Code Enforcement and the Construction/Licensing Boards; and WHEREAS, the City of Sebastian now desires to separate the Office of Director of Community Development from the Building Department; and WHEREAS, the current job description is misleading and does not adequately meet the needs of the City. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1.~ That R-88-67 be repealed upon passage of this resolution by the City Council of the City of Sebastian, Indian River County, Florida. SECTION 2. CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVEKABILITY. That in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Council member Louise Cartwright Council member Norma Damp Council member Raymond J. Halloran The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA BY: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Clifton McClelland, City Attorney RESOLUTION NO. R-88-67 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE JOB DESCRIPTION OF THE OFFICE OF DIRECTOR OF COMMUNIT%f DEVELOPMENT; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY'S STANDARD OPERATING PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. I I I I WHEREAS, The City Council has adopted a budge= for the fiscal Fear commencing October 1, 1988; and WHEREAS, The budget so adopted provides that a job description shall be established for the Office of Director of Community/ Development. NOW THEREFORE, BE IT RESOLVED by t~s City Council of the City of Sebastian, Indian River CounT, Florida, as follows: I I I I I SECTION I The Job Description for the classification of Director of Commun/ty Development attached hereto as Exhibit "A" IS HEREBY ADOPTED. SECTION II The City Clerk is hereby directed to supply a cody of this new Job Description to City Council members and all department heads for inclusion in Par~ V of the Standard Operating Procedures of the City. The Cl%~ Clerk shall note the number and date of this Resolution on the said Job Description. SECTION Iii This Resolution s~ali take effect immediately upon its adoDtlon. CITY OF SEBASTIAN, FLORIDA R~har~ ~. Vo~a~a, Mayor Ka=hryn ~. O' Halloran, ~MC/AAE City Clerk I I I HEREBY CERTIFY that this Resolution was Dassed by th~ Clt~ Cou~¢i~ Of the Cl~ of Sebastian, Florida, on the /~ day of Ci~'Clerk A~Dro~ed as ~o Form and Con=ent: I I I I I I I I I I I I I I i I I I A i! DIRECTOR OF COMMUNITY DEVELOPMENT/BUILDING OFFICIAL JOR FUNCTION Supervises and coordinates the activities, personnel and ~unctions of community development which includes the Building ~epartment, Planning and Zoning, Code Enforcement and Construction/Licensing Board. IiLLU~T~ATIVE DUTIES irects and supervises the overall activities of the Department f Community Development. Prepares and administrates the epartment budget. As Director, this position also functions as he Building Official. as required by Code. interprets and nforces the adopted construction codes, Code of Ordinances and and Development Code. Prepares written recommendations on variances and appeals, to the Board of Adjustment. Attends, as leeded, City Council, Planning and Zoning, Code Enforcement and onstructton Board meetings. Review and make recommendations on site plans, subdivisions, P.U.D.'s, annexations, zoning and land i se amendments, grants and other urban pro~ects. INIMUM QUALIFICATIONS Abilities and Skills: Knowledge of modern construction methods, materials and equipment applied to approval of plans and specifications and the spection of building and structures. Knowledge of building electrical, plumbing and H.V.A.C. Codes. Required thorough onOWledge of land use management, plan review principles, actloes and standards applied to locations design and struction, organization of work flow; technical Judgment and dividual initiative. il!t~ to establish and maintain cooperative relationships with contractors, architects/engineers, general public, public ~ficials and to enforce building and zoning regulations with Srmness and tact. Ability to apply the principals and practices of organization, Dersonne! and financial management of the  erat!on of a municipal department. AINING AND EXPERIENCE tgaduation from High School or equivalent. Four year college tee or equivalent combination of education and experience. Certification as a Building Inspector from Southern Building Code J )ngress and Certification as Building Official from either A.B.O. or B.O.A.F. within one year from date of hire. IIOPTED BY RESOLUTION NO. R-88-67, OCTOBER 12, 1988 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 Manager: ~,Tf...;..... 4. / RESOLUTION NO. R-96-02 I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: NONE BUDGETED: N/A REQUIRED: NONE ~.UMlVLARY STATEMENT Resolution R-88-65 provides for an Office of City Engineer/Public Works Director and assigns a job description that requires the Public Works Director to also be the City Engineer. These are two separate functions and can be best coordinated through organizational assignments. RE~0MI~ENDED ACTION Move to approve and adopt Resolution R-96-02 eliminating the job description of the Office of City Engineer/Public Works Director. doc: agenda RESOLUTION NO. R-96-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-88-65, WHICH ADOPTED THE JOB DESCRIPTION FOR AN OFFICE OF CITY F_~NGINEER/PUBLIC WORKS DIRECTOR; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT PIEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Works Director and the office coordinate the two functions; and WHEREAS, the City Council combined the positions of the Public of City Engineer together to WHEREAS, the City Council eliminate the Office of Director; and now desires to separate and City Engineer from the Public Works WHEREAS, the Public Works Director should not be required to perform the duties of City Engineer. NOW, THEREFORE, BE IT RESOLVED as follows: SE T_~ 1. That R-88-65 be repealed upon passage of this resolution by the City Council of the City of Sebastian, Indian River County, Florida. SECTION 2. CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ SEVERABILITY. That in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~ This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member. The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Fir%ion vice Mayor Carolyn Corum Council member Louise Cartwright Council member Norma Damp Council member Raymond J. Halloran The Mayor thereupon declared this Resolution duly passed and adopted this day of . , 1995. CITY OF SEBASTIAN, FLORIDA BY: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE I I I i I, I I I I I I I I RESOLUTION NO. R-88-6~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-88-47 WHICH ADOPTED THE JOB DESCRIPTION FOR OFFICE OF CITY ENGINEER; ADOPTING THE JOB DESCRIPTION OF THE OFFICE OF CITY ENGINEER/PUBLiC WORKS DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY'S STANDARD OPERATING PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 22, 1988, the City Council adopted Resolution No. R-88-47, adopting the job description for Office of City Engineer. WHEREAS, The City Council has adopted a budget for the fiscal year commencing October 1, 1988; and WHEREAS, The budget so adopted provides that a Job description shall be estab~ished for the Office of City Engineer/ Public Works Director; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I The Job Descript~on for the classification of City Engineer/ Public Works Director attached hereto as Exhibit "A" IS HEREBY ADOPTED. SECTION II The City Clerk is hereby directed to supply a copy of this new Job Description to City Council members and all department heads for inclusion in Part V of the Standard Operating Procedures of the City. The City Clerk shall note the number and date of this Resolution on the said Job Description. SECTION III · This Resolution shall take effect immediately upon its adoption. SECTION IV Resolution No. R-88-47 adopted on June 22, 1988 is hereby appealed. CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor ~ST: Kathr~ O,aailoran, City C~erk · I HEREBY CERTIFY that this Resolution was passed b~ the City Council of the City of Sebastian, Florida, on the ~ day of Kathryr(/M. 0n Halloran, CMC/AAE City Clerk Approved as to Form and Content: City A~t~ne~w ~ /' ! IMAJOR FUNCTION CITY ENGINEER/PUBLIC WORKS DIRECTOR jAdministration of all the operations of the Public Works Department and professional engineering work in the office or field. Under the direct supervision of the City Manager, assignments are usually in the form of broad instructions or  general program objectives. ILLUSTRATIVE DUTIES ~esigns, prepares plans, suecifications, time and cost estimates, supervises and inspects street, bridge, drainage, water and ~ewer, and similar public works projects; inspects site and feve~o~ments subdivisions to insure compliance with applicable prepares -codes; plans, and/or supervises engineering feasibility reports, budgets, utility rate studies, special assessment ~ro~c~s. and c~ntract administration; supervises personnel making ~prel~m~nary ann construction layouts and surveys; reviews technical aspects and makes recommendations regarding bids, I)roposa!s, contracts and development plans; may coordinate ;lanning efforts with private and public sectors; coordinates planning review process with Community Development Department. fmUpervises, directs, plans and coordinates activities within the u~lic Works Department, including road and street, building aintenance, cemetery, vehicle maintenance and parks and 'ecreation. Coordinates work activities and programs of the iepartment with other City programs and projects. Performs 'elated work as required. QUALIFICATIONS Knowlpdge,. Abilities & Skills ~ow!edge of the principals and practices of civil engineering, surveying, and public works administration; public works design, ionstruction and maintenance methods, materials, and equipment; odern development, current literature and sources of information egarding civil engineering; applicable laws and regulatory codes related to public improvement projects and developments. Ability lo plan, schedule and supervise civil engineering and public works programs; express facts and ideas clearly and concisely, orally and in writing to groups and individuals; establish and  intain effective working relationships; maintain good physical ndition. NG AND EXPERIENCE Dr's degree in civil engineering. Five (5) years gineering or related experience. Registration with the State of orida as a Professional Engineer with six (6) months of pointments. I)OPTED BY RESOLUTION NO. R-88-65, OCTOBER 12, 1988 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-96-03 - Assignment of Lease - B & S Investments AGENDA NO: ~- DEPT. OR/GIN: Airport DATE SUBMITTED: 1/2/96 MEETING DATE: APPROVED FOR SUBMITTAL: City Manager' EXHIBITS: R-96-03, Assigment of Lease to B& S Investments 12/95, Assignment to Sebastian Aero 7/90, Fly Florida Lease and Modification 6/80 I Expenditure Required: Amount Budgeted: Appropriation Required: I I I I I I I SUMMARY STATEMENT On June 18, 1980, the City of Sebastian entered into a lease with Fly Florida Inc. On the same day the lease was modified to allow fuel sales. On July 5, 1990, the Fly Florida lease was assigned to Sebastian Aero Services, Inc., owned by R.A. Van Wyck and Steve Johnson. Mr. Van Wyck and Mr. Johnson are now requesting the assignment of the Sebastian Aero Services lease to B & S Investments, a Florida general partnership. Mr. Van Wyck and Mr. Johnson are the only partners in B & S Investments. RECOMMENDATION Adopt Resolution No. R-96-03 approving the assignment of lease. RESOLUTION NO. R-96-03 I A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT OF A LEASE BETWEEN THE CITY OF SEBASTIAN AND FLY FLORIDA CORPORATION, SUBSEQUENTLY ASSIGNED TO SEBASTIAN AERO SERVICES, INC., TO B & S INVESTMENTS, A FLORIDA I i GENERAL PARTNERSHIP; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I~RE~; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTivE DATE. WI~E~S, the City Council of the City of Sebastian, after reviewing the proposed Lease Assignment submitted by B & S INVESTMENTS, has determined that it is in the best interest of the City to grant the Lease Assignment. NOW, TI~EREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: I I I i~E_C,_TIO_I~L1. AGREEMENT. The City of Sebastian approves the Assignment of the Lease between the City of Sebastian and Fly Florida, Inc, dated June 18, 1980, which Lease was assigned to Sebastian Aero Services, Inc. on July 5, 1990, from Sebastian Aero Services, Inc. to B & S Investments, a Florida general partnership. ~.,.C. ii_O.I~I. ~. All resolutions or parts of resolutions in conflict herewith are hereby repealed. iSF.,cC,/LQ~[~ SEVERABILITY. If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. I I i I I I I I I upon its adoption. EFFECTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1996. CITY OF SEBASTIAN By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr., City Attorney 2 ASSIGNMENT OF LEASE KNOW THAT for the sum of One and 00/100 Dollar ($1.00) and other valuable consideration: Assignor, SEBASTIAN AERO SERVICE, INC. ,hereby assigns to Assignee, B & S INVESTMENTS d/b/a B & S OF SEBASTIAN INVESTMENT, that certain lease between CITY OF SEBASTIAN, Lessor and FLY FLORIDA INC., Lessee, dated JUNE 18, 1980 which was assigned from FLY FLORIDA, INC., to SEBASTIAN AERO SERVICES, INC., on July 5, 1990, a copy of which is hereto annexed, as a part thereof, together with the premises therein described and the buildings thereon, with appurtenances. The assignment shall be from the 6th day of October, 1994, and for the remainder of the lease term, subject to the rents, covenants, conditions, and provisions contained in the lease. IN WITNESS WHEREOF, this Assignment has been duly executed by the Assignor this ~day of December, 1995. WI~.~SSES: STATE OF FLORIDA ASSIGNOR: SEBASTIAN AERO SERVICE, INC. COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ~0~. day of ~~F~/~ , 1995, by (title) of SEBASTIAN AERO SERVICES, INC., who is personally known to me or who produced ~J~(~ ~(.O~a as identification. WITNESS my hand and official seal.this ~ day of ~.~;~L(_ , 1995. No~ary PublicTM KAREN S. LEWIS MY COMMISSION # CC 315048 EXPIRES: October 5, 1997 BoMed Thru Notary Pu~lc Under,rulers The Assignee of that certain lease dated this .~.~. L day of C~?~L~_",' - , 1 995, a copy of which is hereto annexed as a part hereof, ~.°~ther with the premises therein described and the buildings thereon, with ~ppurtenances, hereby accepts such assignment and hereby assumes all of the obligations of the tenant n~ed in such lease. ASSIGNEE: B & S I~S~S d/b/a B & S OF SEBASTI~ I~S~S of Florida ~ounty of Indian River BY: STEVENa~. JOHNSON General Partner BY: ROBERT A. VAN WYtK General Partner I .~he forpg~ing instrument was acknowledged before me this ~~ day of ~(~/}~.~'C , 1995, by STEVEN C. JOHNSON, as general partner of B & S INVESTMENTS d/b/a B &,S~,O i~EBASTiAN!~IVESTMENTS, who is personally known to mir who produced ~Yc6LF/~~(~O.~,/~. las identification. No~ry - I t ',i.:." ,/~; ':'A MY COMMISSION # ¢8 315048 jj St e of Florida Co~ty of Indian River _~The foregoing instrument was acknowledged before me this __~_~___ day of ~~ , 1995, by ROBERT A. VAN WYCK, as general partner of B & S ~VESTMENTS d/b/a B &$ OF SEBASTIAN iNVEStS, known identification. to'me or who produced ~/~L~d ~([/6~(~l~.J~.J'~'., as who is personally Notyy ~ / I SEAL I I i CONSENT The City of Sebastian, Indian River County, Florida, hereby consents to the assignment of this lease. The City by its consent to this assignment expressly does not release SEBASTIAN AERO SERVICES, INC. (Assignor) of any I duty, obligation, rent or liability under the provisions of the lease, does not waive any of Assignor's obligations to the City for any rents, duties, covenants, conditions or obligations under the provisions of the Lease. CITY OF SEBASTIAN BY: TITLE: I i i I I I I I I I I i i I I MODIFICATION OF LEASE AGREEMENT, made this /~day of ~.~-_~ , 1980, between the CITY OF SEBASTIAN, a Florida municipality, herein referred to as Lessor, and FLY FLORIDA, INC., a Florida corporation, herein referred to as Lessee. RECITALS 1. The parties hereto have entered into a lease ~tt~~ ~ I~ , 19 _~_o , a copy of which is b Exhibit No. ~- , affecting property des- cribed as follows: SEE ATTACHMENT (Being approximately three acres in size) 2. The parties desire to enter into a new agreement supplementing the provisions of the lease. 3. The lease dated ~.o.--~-~ 1 ~ , 19o~ , between lessor and lessee for the p~operty described above, shall be modified effective _~,___~_~ !~ , 19~ , as follows: RENT The parties agree that the rent for the term of this lease shall be as follows: 1. For the airport facilities described above, the yearly rental shall be on a graduating scale set out below: Annually for the first 5 years Annually for the 6th thru 10th year Annually for the llth thru 15th year $ 9OO.OO 1,200.00 1,SO0.00 Annually for the 16th thru the 20th year 1,800.00 Plus sales tax if applicable. 2. The above rental for the land shall be payable quarterly, commencing from the date of this lease. 3. As additional rent the Lessee shall pay to the Lessor two cents (2{) for every gallon of aviation fuel sold by Lessee at the Sebastian Municipal Airport. Said payments to be paid quarterly, commencing from the date of this lease. 4. All rental payments to be made payable to the City of Sebastian and mai. led or delivered to the Director of Pi. nance, City of Sebastian, City Hall, Post Office Box 127, Sebastian, Florida 329S8. All provisi, ons of the lease are incorporated herein and are hereby modified or supplemented to confirm herewith, but in all other respects are to be and shall continue in full force. IN ~VITNESS WHEREOF, the parties have hereunto set their hands and seals this day and year first above written. CITY OF SEBASTIAN, A Florida Municipality ATTEST: Signed, sealed and delivered in the presence o£: As ~ t~he City of s~a§t~an FLY FLORIDA, INC. ATTEST: sealed and delivered in the presence of: ~§ ~o Ply'F166ida, Inc. -¸2- LEASE THiS LEASE, made and entered into this ~day of ,~_~__ , 19~_, by and between the.CITY OF SEBASTIAN, a Fl~ida municipality, party of the first part, hereinafter called the LESSOR, and FLY FLORIDA, INC. , a Florida Corpora- tion, whose officers are - Gilbert J. Swiqer , President; John M. Drew , Secretary, parties of the second part, hereinafter called the LESSEE; W I T N E S S E T H: THAT in consideration of the covenants and promises herein contained by the parties, the. Lessor does hereby lease to the Lessee the following described land, located at Sebastian, Indian River County, Florida, to wit: SEE ATTACHMENT "A" (Being approximately .3 acres in size) Lessor leases to the Lessee said land for a term of 20 years, commencing ~/~j~ and terminating ~A~3/7-~.~ , with an option on'he part of the Lessee for an a~itional 20 years, upon terms to be agreed upon at that time between Lessor and Lessee, provided Lessee notifies Lessor, in writing, at least one hundred eighty (180) days before the termination of this lease of his intention to exercise said option. At the end of term or breach by Lessee for any reason, all improvements made by the Lessee are the property of the City. RENT - The parties agree that the rent for the term of this lease shall be as follows: 1. For the airport facilities described a.bove, the yearly rental shall be on a graduating scale set out below: Annually for the first 5 years - $ 900.00 " '" " 6th thru 10th year - 1~200.00 " ..... llth thru 15th year - ...... 16th thru 20th year - Plus sales tax if applicable. 2. The above rental for the land shall be payable quarterly, commencing from the date of this lease. LESSEE AGREES to pay all utilities for the premises, to maintain the grounds, buildings and facilities on the leased property in accordance with the requirements of the Airport Advisory Board, the City of Sebastian and the FAA, to keep the buildings and hereafter erected premises insured by fire, extended coverage in full insurable value including windstorm and aircraft collision and to maintain liability insurance of not less than $500,000/$1,000,000/$500,000 with a company or companies, to be approved by the Lessor. Lessee will furnish copies of said policies showing the interest of Lessor in the leased airport facilities, and paid-up annual premium receipts to the Clerk of the City of Sebastian. Nothing in this lease shall be construed to require the Lessee to repair, replace or rebuild, as the case may be, build- ings or other property damaged or destroyed by wind, fire, water, or other agencies or events beyond the control of the Lessee except as to the proceeds of the insurance policies permitting such replacement or repair. In the event the Lessee does not elect to repair, replace or rebuild, the proceeds of said insurance policies shall be paid to Lessor and/or the mortgagees as their interest may be and the lease shall be deemed null and void. USES - LESSEE SHALL HAVE THE RIGHT to use the above- described property for any lawful purpose associated with the use of aircraft and/or an airport and shall have the right to construct upon said property any buildings or other structures that may be proper for such use, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their i I I I I I I I I usual operations and provided further that any such buildings or structures are approved by the Airport Advisory Board, the Sebastian City Council and the FAA. Lessee covenants and agrees that all such construction shall be in accordance with the local codes, regulations and requirements and pursuant to all requirements of the FAA. The primary use of said leased premises shall be aircraft sales, repair and maintenance, flight training, sale of gas & oil, charters, car rentals and all services incidental thereto, said enumeration is not to be considered all inclusive, in compliance with all ordinances of the City of Sebastian and FAA requirements. iT IS MUTUALLY AGREED that the Lessee shall not sell, transfer, assign or encumber this lease to anyone without prior City Council approval, this being a personal lease between Lessor and Lessee. There shall be no subordination, pledging, transferring, mortgaging, subletting of the lease or improvements without prior City Council approval and there shall be no transferring, pledging, assigning of forty nine (49%) per cent of the stock in the corpora- tion without prior City Council approval. All expenses incident to the operation would be at the Lessee's expense which includes any assessment for improvements, including ad valorem assessment or taxes of leasehold interest, personal property taxes, and any other assessment or taxes imposed on such property or improvement during the term of the lease. LANDING FEES - Landing fees are specifically prohibited by this Agreement so long as no one else is permitted to charge landing fees, as the use of the airport is for the general public. IN CASE OF BREACH of this lease, by the Lessee, or the termination of the lease, or any extension hereunder, that may be granted, the Lessee agrees to surrender possession of said facili- ties, and all the buildings, edifices, etc., that are constructed by the said Lessee shall then become the property of the Lessor. IN THE EVENT the United States Government at any time during the term of this lease takes over the operation or use of said airfield and/or airport with the result that the Lessee is unable to operate under the terms of the lease, then the lease shall be extended for an additional period equal to the time the Lessee has been deprived of the value of this lease. IN THE EVENT of eminent domain proceeding or any other proceeding which results in loss to the Lessee of a substantial portion of the premises leased by the Lessee, the Lessor and the Lessee agree that if this loss makes it impractical or unreason- ably difficult for the Lessee to carry out the purposes for which the premises were leased, then this lease may at the option of the Lessee be cancelled and the Lessee is relieved of any obligation to pay rent on the portion lost by the Lessee. In the event of a dispute between the Lessor and the Lessee as to what constitutes an impractical or unreasonably difficult condition for the Lessee to carry out the purposes for which the premises were leased, the dispute shall be submitted to a committee consisting of the Lessee, a member of the Airport Advisory Board and a third arbiter selected by the Lessee and the Airport Advisory Board. LESSEE will be subject to all standard lease clauses of the FAA and their rules and regulations now existing or to exist in the future. LESSEE FURTHER COVENANTS AND AGREES that the Lessor shall have the privilege at all reasonable times to re-enter the said leased premises for the purpose of inspecting the property and determining whether all terms, conditions and covenants and agree- ments herein are being complied with by the Lessee. Business to be conducted at such hours to be determined by the Airport Advisory Board which would not be an unreasonable request. LESSEE agrees to conform to ALL governmental pollution standards, requirements and guidelines. ! ! IT IS MUTUALLY UNDERSTOOD AND AGREED that if the Lessee shall become insolvent or bankrupt or if proceedings for receiver- ship or bankruptcy shall be instituted against him or if he shall make.an assignment for the benefit of creditors or in any manner seeks, permits or suffers his leasehold interest hereby created to be transferred or encumbered by operation of law, or otherwise jeopardized, except as specifically provided for in this lease, then and in such event, or in any event of the same or similar legal or equitable consequences or effect, Such event shall be deemed to constitute a breach of this lease, at the option of the LesSor, so as tO terminate all rights, privileges and interests of the Lessee herein and hereunder. IN CONSIDERATION of the foregoing, Lessee agrees to have constructed a building of approximately 2,000 square feet; Con- struction to begin not more than ninety (90) days after lease is approved by the Lessor, Lessee and the FAA and to be completed within 18~ days of starting. Lessor agrees, however, that Lessee shall have the right and option of cancelling this lease if Lessee is unable to obtain utilities, well, septic tank permit and other similar permits that are essential to the operation of Lessee's business. IN THE EVENT OF A DISPUTE between Lessor and Lessee as to the terms and conditions of this lease in a Court determination, the prevailing party would be entitled to reasonable attorney's fees and costs. THIS LEASE is subject to approval by the FAA: a. That the Lessor reserves unto itself, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation.of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. b. That the Lessee expressly agrees for itself to restrict the height of structures, objects of natural growth and other ob- structions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. c. That the Lessee expressly agrees for itself to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or mainten- ance of the airport, or otherwise constitute an airport hazard. Notwithstanding anything herein contained that may be or appear to the contrary, it is expressly understood and agreed that the rights granted under this agreement are non-exclusive and the Lessor herein reserves the right to grant similar privileges to another operator or operators on other parts of the airport. The Lessee in exercising any of the rights or priviliges herein granted to him shall not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. The Lessor is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non-discrimination covenant. SALE OF PROPERTY - In the event the Lessor ever makes the subject property available for sale, the Lessor agrees to give a first right of refusal and allow the Lessee 30 days to meet the terms and conditions of any bonafide offer Of purchase of the property presented in writing to the Lessee. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day and year first above written. I I I I I I I I I i (S E A L) ATTEST: ,City ~lerk CITY OF SEBASTIAN, a Florida municipalit_y_~ by__~~~ Mayor I i i Signed, sealed and delivered in the presence of: Tto ~it~ Of Seb~tiahv I i I in the presence of: As to Fly Florida, Inc. FLY FLORIDA, INC. President ATTACHMENT "A" PROPERTY DE'.SCRI PTION That certain 3 acre parcel lying in Section 29, Township 3l South Range 38 Fast in the Fleming Grant according to Plats made by S.B. Carter, filed and recorded in the offices of the Clerk o£the Circuit Court of Brevard. St. Lucie and Indian River Counties. Florida and described as follows: Beginning at tile most Westerly corner of said Section 29, run S 44° 21' 28" F. 818.81 feet on the Southwest boundary of Section 29 to tile centerline of Roseland Road; 3. thence. N 04° 48' 59"W, 514.65 feet on said centerline; 4. thence, N 89° 50' 46" 1~, 644.46 feet:; 5. thence, N 0° 09' 14" W, 542. 00 feet to tile True Point of Beginning; 6. thence, N 89° 50' 46" F, 425.00 feet to apoint which lies 75.00 feet West of the centerline of an existing airport taxiway; 7. thence, N 0° 09' 14" W, 307.00 feet.: 8. thence, S 89" 50' 46" W. 425.00 feet; I I I I I I i 9. thence, S 0° 09' 14" F, 307.00 feet to the True Point of Beginning; 10. Containing 3 Acres. 11. Said land lying and being in the City of Sebastian, Indian River Connty, Florida. ALSO granting an easement for ingress and egress to afore described parcel described as follows: i i I Lying 50 feet either side of a centerline which is described as being 50 feet West. of the Westerly boundary and beginning on the Westerly projection of the Northerly boundary of aforesaid parcel; I 2. thence. run S 0° 09' 14" F. 849.00 feet to apoint being an intersection with the extension of the centertine of the East/West runway; thence. 3. an e:~se,nent lying 25 fool either side of a centerline which is described as being an extension of the East/ West runway centerline and bearing S 89~ 50' 46" W, to a terminus on the Fast right-of-way of Roseland R(m d. 4. Containing approximately I. 92 Acres, PREPAIIFD BY LLOYD AND ASSOCIATES I I I i i I KHOW TilAT FLY FLORIDA, INC., a Florida Corporation in consideration o[ Dollars, paid by SEBASTIAN AERO SERVICES, lNG., a Florida hereby assigns u,to the Assignee, a certain lease made by CITY OF SEBASTIAN, a Florida Hunicipality dated Ihe 18 (lay of June modified t:he 10th day of June, 1980 Florida, covering premises Aseignor Cor poration~ssignee 19 80' and Indian River County, See At:tachment ' together with the premises therein described and the buHcling thereun, with the appurtenances, TO HAVE A~D TO iiOLD the same unto the Assigns, .qEBASTIAN AERO SERVICES, INC., a Florida Corpora tion ~heir successors and aasigne from tho day of ,19 for ali the rest of yeats mentlon~d in the said lease, subject to the rents, covenants, conditions and provisions therein also mentioned. AND the Assignor hereby covenants that the said assigned premises are free from incumbrances IH WITNESS WIIEREOF, this assignment has been duly executed by tho Aseignor. DATED: ~G~--,( { i~qO ~ /.' .,', t . - '/' ~' /~'Z'"' '--"" b~fore me, the subscffber, persoa~ll~ appe~ed to me k.own. ~I:o, being by me d~r s~ore, and say that ~h~ resides st ~/~le ~ //C~i tAa~ ~ae i~ the /'~'~' ~; Fiy Florida, Inc, a Florida Corporatior the corporAtio~ described in and which executed, the fore- goivg Hill et Snle: (Ant ~Ae knows the ~e~ of ~aid eor- por~tlon: f~at the seal a~xed to said fast--eot is ~ucb corporaee seal; H~at it w~ so a~zed by cedar o{ the Board of Directors o~ said cotporatloe: that ~ h~'L name thereto b7 ~ike order. before ma, the ~n'~sctibet. poreoaMi? appeared . to ma known to be the ladirMufl described in, and ~vho e~rec~ed the foregoing Bill of SMa, and aclmowledged that be ezec~ t~ I I I I I I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 ~ FAX (407)589-5570 SUBJECT:Purchase of Ballfield ) Agenda NO. ~'f~g. Grooming Rake and ) Automatic Four Wheel ) Drive Mower ) ) Ap~roved for Submittal By: City Manager '~_,~,'~ J Dept. of Origin Public Works Public Works Dir. ~. ~. ~~ Date Submitted:December 12, 1995 For Agenda of ' , Exhibits: November 29, 1995 Memo from Chris McCarthy RE: Purchase of Equipment & Confirm- ation Letters EXPENDITURE REQUIRED: $20,796.00 AMOUNT APPROPRIATION BUDGETED: $24,300.00 REQUIRED: $0 I I i i I I I i I i SUMMARY STATEMENT The Parks and Recreation Division would like to purchase two pieces of equipment as follows: 1) A Ballfield Grooming Rake with a plow and infield attachment in the amount of $7416 from Nu Crane Machinery in Riviera Beach, Fl. This price is based on a February 1995 bid by the City of Lauderhill. Chris McCarthy has confirmed that NuCrane Machinery will allow the City to purchase the equipment using this bid price. NuCrane Machinery is also the sole source of John Deere Equipment in the Sebastian area. 2) An Automatic Four Wheel Drive 60" Front Deck Mower in the amount of $13,380 from Sunrise Ford Tractor in Ft. Pierce, Fl. This price is based on a September 1995 bid by the City of Vero Beach. Sunrise Ford Tractor has confirmed with Chris McCarthy that the City of Sebastian can purchase the mower at the bid price. RECOMMENDED ACTION It is recommended that the City Council waive the bidding process and approve the purchase of a ballfield grooming rake in the amount of $7416 from NuCrane Machinery in Riviera Beach, F1 and an automatic four wheel drive in the amount of $13,380 from Sunrise Ford Tractor in Ft. Pierce, F1 based on other prior public bids. i I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I I DATE: MEMORANDUM November 29, 1995 I I I I i I I I I I I I I TO: FROM: Rich Votapka, Public Works Director Chris McCarthy, Parks and Recreation Foreman Purchase of two pieces of equipment budgeted in fiscal 1995-96 budget. Piggy back off.the bids from the City of Vero Beach Airport and the City of Lauderhill Parks and Recreation Department. (1) BALLFIELD GROOMING RAKE WITH PLOW AND INFIELD ATTACHMENT The Parks and Recreation Division would like to purchase a Ballfield grooming rake with a plow and infield attachment. I would like to purchase this piece of equipment from NuCrane Machinery in Riviera Beach, Fl. for the price of $7,416.00. We have $8,100.00 approved in the fiscal 1995-96 budget for this type of equipment. The City of Lauderhill Parks and Recreation Department went out to bid for this machine in February 1995. The original bid award went to Industrial Tractor for the price of $8,482.00 but because of territorial restrictions, Nucrane Machinery was awarded the bid for $7,416.00. Nucrane Machinery is the sole source of John Deere equipment in our area. I had a demo model of this equipment in October 1995 and was very pleased with its performance. The Little League has moved up its schedule one month this year, so I would like to have this equipment by January 1996. I have attached bid documents from the City of Lauderhill to this memo. (2) AUTOMATIC FOUR WHEEL DRIVE 60" FRONT DECK MOWER We would also like to purchase a automatic four wheel drive 60" front deck mower. I would like to purchase this piece of equipment from Sunrise Ford Tractor in Ft. Pierce, Fl. for the price of $13,380.00. We have $16,200.00 approved in the fiscal 1995-96 budget for this piece of equipment. The City of Vero Beach Airport went out to bid for this type of machine in September 1995. The low bid was rejected because it did not meet the automatic four wheel drive specification. Sunrise Ford Tractor the second low bidder was awarded the bid for the amount of $13,380.00. I have attached bid documents from the City of Vero Beach to this memo. ~~°_ Z Z U,J i I I I I I I I I SUNRISE FORD TRACTOR CO. INC. 6101 Orange Ave. 461-3747 Ft. Pierce 562-5771 Veto Bea~h 28.'3-0222 Stuart FT. PIERCE. FLORIDA 34947 ! ! Decen%ber 12, 1995 Chris McCarthy City of Sebastian Park and Recreation Foreman I I I I I Dear Chris, This letter is to certify that Sunrise Ford Tractor Company will honor, for the City oX Sebastian, the delivered price of the City of Veto Airport Authority's Ford Model CM224. If you have any questions concerning this issue, please give us a call. ! i  TRRC FT P Fax:40?-489-6167 Nov 29 '95 9:36 P. 02 ]." PURCHASE ORDER ~ O. ~OX 1389 V~RO B~A~Yt. FILORIOA 3296 I. Telephane (407) 770.~6 VEN~R NUMBER: O~O~O Fax: (407) 770.~ SHIP TO  SUNRISE TRACTOR ~ CITY OF VERO,BEACH 6101 ORAI,IGE AVl.-: CENTRAl_ OAI,'¢A(=E I F'T [':']:ERCE Ft.. ,5405 Aif~P'OF(T ~EST' I) F(IVE · ~4947 'b'P'"RO IE41EA(.I,-I'" ,., F'L_ 1 'E SPECIAL INSTRUCTIONS Ai' BOTTOM Of PURCHA,~I~ ORDI=R 441-O00542-665004-00000 I.'-ORD CPI224 TRACTOR AUTO 4X4 WITH 60" F'FR .~;F:'F'C l F I CA]"I DN8 3:00 PM DAYS DESTINATION BE,~T WAY I Ii fill re.il !1 0,)O5, 00000 1.00 EA lc~o80.0000 1~ 380.0( I TI)R i ITH 60" DECK..' 31~S OF BID #95-27 I I ' I I I I CONFIRMING i 10/18/95 BID #95-2; :1.5;:180.O('~ I City of Vero Beach Accoonling Divi.~ion I NOTE: 1. INVOICES AND SHIPPING RECEIPTS MUST BEAR P.O. NUMBER. 2. EACH SHIPMEN1- MU[iT BE COVERED BY A SEPARATE INVOICE. 3 MAKE ALL SHIPMENT8 A8 SHOWN ABOVE. THE CITY OF VERO BEACH iS EXEMPT FROM STATE SALES AND USE TAX CERTIFICATE NO 41-0,~,012753-54C P.O. Box 1389 4 DIRECT INQUIRIES ID PURCHASING DIV. Veto Beach, Florida 32961-1389 5. SUBMIT MATERIAL SAFETY DATA SHEETS FOR SUBSTANCES FOUND ON THE CURRENT FLORIDA TOXIC SUBSTANCE LIST. IN ACCORDANCE WITH FLORIDA · STATUTES CHAPTER 422.106. I1 ~.Illl~ TERM~ AND CONDITIO#~ ON RIIVIII~IIIL CITY OF VERO BEACR AIRPORT SPECIFICATIONS FOR ONE (1) - DIESEL POWERED TRAC Th;se are minimum specifications for one (1) newest model dj( In addition to the manufacturer's standard equipment as sho,~ and technical data sheets, the City requires the following ;quit the manufacturer's standard equipment should these items standard equipment, The equipment delivered under this proposal shall be new, the n carry the standard factory warranty. Any proposal/bid which do specifications may be rejected, and it shall be the respo manuf'actar,r's printed specifications which clearly show the rat design of the equipment which he proposes to furnish, The equipment delivered under this proposal shall remain the p~ inspection and actual operation of the equipment shows specifications and ready for continuous operation. Complete put sheets for all equipment must be witl~ the bid. ~'RA~TOR SPECIFICATION 1. One (1) newest model diesel powered tractor, Ford Model CM224 or approved equal. 2.ENGINE: 22 horsepower, 3 cylinder, diesel engine, liquid cooled 3. Transmission: Hydrostatic Automatic Four (4) wheel drive 4. Frame: Rollover protective structure, collapsible Canopy ,OR AND ACCESSORIES lei powered tractor and accessories. t on the official published literature merit items which shall be added to 3t be a part of thc manufaeturered anufacturer's latest model, and shall cs not comply with these minimum ,~sibiliiy of the bidder to furnish ings, capacities, measurements and operty of the seller until a physical it to be in compliance with the 4ished literature and technical data F-XCEPTIONS SPECIFICATIONS: One (l) newest model Ford 60" side discharge rotary Mower equipped with the following: Shaft driven T~ee (3) spindle Vertical Tilt capability for service Semi-pneumatic front eastered ltauli¢ wheels Solid~re~ gauge Anti-scalp roller~ 1.$" - 4.$" cutting heigla adjustmem All necessary hardware and equipment required for the installation on a CM224 Ford Tractor or equal Additive Option: One (1) each Ford 60" rotary broom (incl. 9802553 subffame,g8025~4 driveline, 9849139 remote valve equipped with the following:) 25 degree hydraulic angling to the right and left 24" polypropylene brush gauge wheels Hydraulic cylinder Hoses and quick couplers (incl. Tractor) All necessary hardware and equipment required for the installation on the CM224 tractor or equal OTHER REQUIREMFMTS 1. TRAINING REQUIREMENTS: The successful bidder shall conduct on site operations and maintenance training for personnel assigned to operate and maintain this equipment. The training provided will be a minimum of 2 hours or to the satisfaction of the Airp Complete specifications of unit bid shall be attached to bid fort EXCEPTIONS I I i I I i I I I I I I I I I I I I WARIL~NTY: Bidder ZllLISt Stale warranty. Successful Bidder si~all I'urnisl~ a parts catalog and service NOTE: Should the bidder choose to state components other thc bidder may do so by noting in the column marked "1~ supplied. Any bid rcccivcd which declines ~o supply any iler bc rejected, ,lanual. han specified as standard equipment, XCEPTIONS", the equipment to be rctbrenccd in 1he spccil'icm/ons will CITY OF VERO BEAC AIRPORT BID SCIIEDULE ONE (1) - NEWEST MODEL TRACTO 1.One newest model Ford CM224 or Equal ~C'ORO Manu£acturcr's Name ¢~22..~ Model Bid price, as specified $_ 11, ~,95. O0 2,Delivery (in days) a~ter receipt of' order 5 da' A. One newest model Ford 60" Side Discharge Rotary Moa Manu~cturer's Name FN 60 60" S10E DISCHRRG~ O~CK Model Bid priccl as specified $ Delivery (in days) after receipt of order 1,885,00 4 11 & ACCESSORIES r or Equal days Additive Option: One newest model Ford 60" Rotary II, room or Equal FORD , . Manul'acturer s r~am¢ FORt3 ~0" RO~ARY BROOM ~od~! 8id price, as speciRcd~ $ ~, ~ t O. O0 Delive~ (in days) aRer receipt of order ~ 5 days Totals must be for a unit completely assembled with mower Delivered F.O.B,, City of Veto Beaci~, Central Oarage, 34~ Florida 32960. All deliveries sl~all be m~de Monday - Friday 2:00 p.m. Fi~Name SUNRISE FORD TRACTDR CO.,~ INC, Address ~101 ORANGE AVE Ci~State ~T', Pi~RCE ,,,,..FL ., ]4~37 ..... Name Typed or Printed ~ I i I I I I Title SALES,., _~p Telephone 407-5~2-5771 Terrns NE T ~0 mounted on tractor, ready for work. 5 Airport West Drive, Vero Beach, between the hours ot'7:30 a.m. and I DEPARTMENTAL CORRESP~ I T O: I FROM: Carol S. Shoef, CPPB, Purchasing/l~vi$~ William F. Sherry, Airport Director( W. .,..::~... ,., i DATE: October 24, 1995 SUBJ: REJECTION OF BID ~9S-27 FOR A MONER TRACTOR I City Council on October 17, 1995, rejected the Awa~:l of Bid #95-27, for one Gravely IPromaster 400 front cut mower with 60" deck, to Pippin Tractor of Fort Pierce, Florida, in the amount of $11,822, and awarded the contract to th~ second Iow bidder, Sundse Ford Tractor Corporation, Inc., of Fort Pierce, !,or one Ford q;M224 (Auto 4X4) with 60" deck, Iin the amount of $13,380 (copy of requisition attached)l if you have any questions, please give me a call. :dfw 24C$.W1~$ I i I I I i I i i _! PURCHASE ORDER Czty of Vero Beach ): o. ,~ox ~ ~,~, ~ / o', w/~o /~,~o,,. /~co/~o~ .~.~ Telephone (407) VENDOR NUMBER: 048050 Fax: (407) 770-6~O0 SHIP TO NUMBER: i SUNRISE TRACTOR · CITY OF VER[) BEACFI 6101 ORANG[~' AVE ~ CENTRAL GARAGE IZT F'iI:ERCE Fl. J405 AIRPORT W[SI' DF(iVE 34947 VERO ~ I=ACH FL. ~O1~ SP[CiAL INSTRtJ~TIONS A:' $O~OM OF PURCHASE ORDER 9H~PMfiNiS ~(:CEPT~O MOHOAY THRU ~HIDAY O:00 AM · 3:00 PM 441-000542-66 [~004-00000 1.00 EA 15580. 0000 fiORD CF1=24 TRACTOR ~UT[3 4X4 WiTH ~O" DECK, F'ffF( SPECIFICATIONS OF BID #~5-27 CONFIRMING I I I NOTE: 1. INVOICES AND SHIPPING RECEIPTS MUST BEAR P.O. NUMBER. 2. EACH SHIPMENT MUST BE COVERE0 §Y A SEPARATE INVOICE. 3. MAKE ALL SHIPMENTS AS SHOWN ABOVE, THE CITY OF VERO BEACH I$ EXEMPT FROM STATE SALES AND USE TAX CERTIFICATE NO 41-0§-012753-54C 4. DIRECT INQUIRIES TO PURCHASING CiV. 5. SUBMIT MATERIAL SAFETY DATA SHEETS FOR SUBSTANCES FOUND ON THE CURRENT FLORIDA TOXIC SUBSTANCE LIST, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 422.106. ~. '.Ill[ TiiRM~ AND OONDmON~ ON RiVlRiF- City of Vero Beach Accounting Divi,~ion P,O, Box 1389 Vero Beach, Florida 32961-1389 VENDOR COPY laVRCWA$1NG t I I 2020 ~eabir~! Way Riviera Beach. FL 33404 ~0~ 8~2.0440 / ~0~ 842-5588 Fax December 12, 1995 City of Sebastian 122~ Main S:reet Sebastian, FL 32958 At:ention: Chris McCarthy Dear Chris, I am pleased to quote a John Deere Model 1200A Bunker & Field Rake wigh the same options as in the attached quote for the City of Lauderhill, for the same price ata~ed therein. If I can be of further assisgauce to you please do not hesitate ~o call Keno 5usser Operations ManaEer ! ! 0CT-17-1995 14:~1 NUCRANE MACH P.O. DA~ REQUISITION NO. 06/02/?5 INVOICE AND PACKAGE- MUllet' SHOW P,O, NUMBER' RIUIERP BCH 409 8425588 P.O1 :,.~' i!~Pi~R~~!E,.O R: D.E R ' ',]?~, :'.~{~',:F,'~:. ".::-' :~'' -': ,, -.,[~: ,.,=J,: ..':~..T~%X., ~ :' -: .:::+[~+,~,,,, , '. ....... ... . _ REAR MOUNT R~KE ATTACHMENT, CULTIVATING ATTACHHENT,FRONT ~LADE ATT~CHHENT ~UNKER & FIELD RRKE W/ATTACH~ . ~UNKEE & FIELD RAKE W/ATTACH. 7~ 416. O0 7; FREIGHT 001-718-~440 00i-~4i-'6440 ?',. 4].6. -i I I i BTD ~O: P95-~2 ~i~TATXON TO BID ATTACHiM]i:NTS FOR THE GOLF COURSE ! I I I I I THE CiTY OF LAUD~R~iILL INVITES BID FOR THE PURCHASE OF Th'RES (3) jOHN DEF~ 1200 B~K~ ~D FIE~ ~ES WITH ST~D~ ~ ~ ~Z A~A~E~S, T~E (3) C~TIVATING A~AC~TS ~D ~B~ (3) ~NT B~DE A~AC~S P~ THZ ATTACHED SPSC~FI~TIONS. BiDDeR HAY 'SUBMIT APP~tOVED v. QUAL FOR THE ITEMS LISTED. ~ CITY OF LAUDEKBILL RESERVES THE RIGHT TO RE~T ANY OR ALL BIDS. I I 80 'd 88SS~P8 60~ HD8 ~BIAI~ HD~W BN~DnN S66~-SC-AON DATE: ~AY, 8, 1995 I I DONALD GZANCOLI, FINANCE DIRECTO~ I RUBY L~Y, PURCHASING pURCHASE OF BUNKER AND FIELD RAKE I I PleaSe place ~e a=~ached request to rescind Resolution 95-68 I awarding bid ~o Industrial TTactor company for ~he p~ch~e o~ ~e able mentioned e~ip~nt in ~e amount of ~5,446.oo. Pl~6e ma~e a~anqemen= 20 place on ~he ~ext agenda for ~'~=un~ of $22,24..c0. (faf. P~ 0~ Sec ~-14~ c ) Budget codee =0 be charged as follows: 001-714-~440 001-718-6440 001-941-6440 $7416.00 7416.00 i I Parks & Recreation Director sandy Pm11 i ~lf & Turf Superintenden2 ~0' d 88(x~;~8 H:D~ ~S In I ~d HDIdH SNId~gnN i I I ~ U R. C H A S I N ~ M E H O It A N D U ~ DATE: ~&~', 8, 199~ TO: Donald Giancol£, Finite D~rector ~FROM ~ Ruby ~, Purc~asing 6kyla~ E~i~en~ off e~e~ ~e GSA prioee to us as we are not fe~ally f~e~. I It was decided tha~ ye shovld advertise for bids, to which we received one (1) response. (ref. ~e~o dated 3/30/~5), The bid vas awarded ~o Industrial Tractor COmpany in ~he &~oun~ I of $25,446.o0, asea ned area by &llow£ng ~he d$$tributors =o o~er discounts " '-"~ ...... ' =he bid awara, sna Industrial neglected to in~orn us. Their e~planation is they award as Nutrena Machinery ~s ~he sole au~or~e~ ue ~his re ion. Z have spoken ~o Mr. Fred =ones o~ Industrial Traoto= gCompany, he has no obSesSions to 9ur cancelling the I bid &wa~d and purchasing ~rom Nuorane ~ac~lner¥. Ksn~ Busser of Nucrano denies receiving the inv£=ation to bid i which was ~silad ~o Coral Gables, ~he address we have ~n file. Ne swplained ~ha~ ~his ~s ~e sddress o£ ~Ae corporate office and mail ks rarely forwo=dad ~o him in Riviera Beach, I although we mailed ~he bid to ~ha~ address a15o. I I i 90'd 88SS~t~8 /~Ot~ H38 ~InI~ HD~W BN~DnN S66T-8~-nON I i I I ~age ~. . I By allowing us ~he a~sooun~, we can purchase =he equipmen= I f=om .Nut=ama ~achl~er¥ ~c~ $~,42G.00 each a total cost o~ $22,249, saving ~he c~y $3,198,.00. Furthermore; Nutrena Machiner~ being a local distributor, service will be more I readily available. Tractor and awarding to Nucrane ~acn%n. er~ equipment, w&~vinq compe~i~ve_ bidding as supplier (ref. PUR ORD Sec. 2 141(C)). i Budge= codes to be charged as £ollows: 001-718-6440 $7,416.00 001-T14-6440 001-941-6440 ?,416.00 I I Pall, Turf 68' ct 88Sq~!~8 £0P HOE ~;~ I r~I~t HDIdW ~N~tDnN S66~-8~-AON i I I C C RESOLUTION NO. 95-92 RESOLUTION RESCINDING RESOLUTION 95 68, A DED TO INDUSTRIAL HEREIN THE BID WAS AWAR ELD W BUNKER AND Fi PANY FOR THREE T. RACTOR DOM E TO NUCRANE R~olutlon ~08, but Industrial Tra~or ComDany is not permitted by the manufacturer to honor that bid; and ' WHER~A~, because =f territorial reetrictione by the manufacturer t~e sola WHEREAS, Nucrane Ma=hlneW ~an sell the 0roduct to the city for $3,198.00 les~ tha~ the Industrial Tra~or Corn;any bid; and WHEREAS, bids should be wa[v~ because this su~;lier is, thus, the Sole source for the products. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CI~ OF ~UDERHILL, FLORIDA: ~ Resolution 9S-8~ is rescinded. ~ The purohase of ~ree bunker end field rakes f~m Nuerane M~chin- e~, without ~idS, for a total Dost 0f ~22,248.00 le approved. Payment is a;~rove~ from Budget Codes: ~1-714-64~ $7,416.00 . 001-71S-6440 ~7,~16.00 001 -~41 - 64~ $7,416.00 ~ This resolution shall t~ke effe~ immediately upo~ its passage. DATED thla 30 ~h day of . i Resolution No. gs-g2 '['~ 'd 88SS~-t,8 ~ot~ HDE[ ~BlnI~ HDt~H ~N~;~:}nN S665-8~--AON SECOND W. ELFERS T, JONES R. KAPI.~N A. REITER Yes ¥~s ..... I~,e~lution No. e~-e2 I I~1-s ;~ HU#~I;I'~; PR[PARED APPROVEO AS ;O FORM BY RICHARD R. MI(;HEL$ON, C1TY ATTORNEY TOTAL P. 12 I i i I I i I I I I i I I P.O. DATE REQUISII~ON NO. ~NVOICE AND PACKA~3~' MU~'T SHOW ~.O, NUMBER' ,,' ,'- ,~,;;~b:;=,-¢~~,',..L~, ,,:; ,,- REaR MOUNT RAKE ~TTAOHMENT~ OULTIV~TIN6 ATT~OHMENT,F~QNT ~L~DE.ATTACHHENT BUNKER & FIELD RAKE W/ATTACH~ 7.,416.00. BUNKE~ & F~ELD ~AKE W/ATTAOH. 7~41&.00 7: 4J. 6,, 2,2 .,. 2.4 8 ~ C. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 I I i I SUBJECT:Wentworth -Blossom ) Ditch Maintenance ) Agreement between City) of Sebastian and ) Indian River County ) ) ) Approved for Submittal By: City Manager ~ -' Agenda No. Dept. of Origin Public Works ~b~c wor~s Dir. ~,~. Y~ Date Submitted:December 12, 1995 ~-~.~/ For Agenda of Exhibits: December 11, 1995 Letter to Mayor Firtion from Roger Cain, County Engineer and f~signed agreement~ EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: N/A APPROPRIATION REQUIRED: $0 I i I i I i I I i I S UMPLARY STATEMENT The City Department of Public Works staff, City Manager, and Assistant City Attorney have been involved in discussions and reviews with Indian River County staff since July of this year to negotiate the subject Agreement. The Agreement resolves the joint and separate maintenance responsibilities with specific regard to the Wentworth and Blossom Ditches north of County Road 512 extending from the western boundary line of Sebastian Highlands Unit 5 to the southwest corner of the Sebastian Elementary School property. The Indian River County Board of County Commissioners has approved the Agreement on December 5, 1995. The document awaits the approval of the Sebastian City Council to be finished. RECOMMENDED ACTION Move to approve the Interlocal Agreement between Indian River County and the City of Sebastian for the purpose of providing for the maintenance of CR 512 Wentworth and Blossom Ditches, and authorize the Mayor to sign on behalf of the City of Sebastian. Telephone: (407) 567-8000 December 11, 1995 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960 The Honorable Arthur Firtion Mayor of the City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Wentworth- Blossom Ditch Maintenance Agreement Dear Mayor Firtion: County and City Staff, including both attorney's offices, have completed negotiating a maintenance agreement for the Wentworth- Blossom Ditches paralleling CR 512. The County Commission has approved and directed the Chairman to execute the agreement on the county's part. We are transmitting this agreement to you, requesting that you have the City Council consider the agreement and hopefully approve it as soon as it is convenient. We believe this agreement will benefit all our citizens, city and county residents alike, in providing efficient maintenance of the subject easement. We thank you for your cooperation, and if you have any questions, please call me at 56% 8000, exten i r l. ,% Roge}/D. Cain, P.E. Coun~ Engineer RDC:rdc Enclosure CC: James W. Davis, P.E., Public Works Director file C: V,/P60\DATA95\ldENTAGRT . RDC INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and CITY OF SEBASTIAN, FLORIDA THIS INTERLOCAL AGREEMENT, entered into this _5' day of ~.ex.~/c~, 1995 by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as COUNTY and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, hereinafter referred to as CITY, for the purpose of providing for the maintenance of CR 512 Wentworth and Blossom Ditches. WITNESSETH: WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Chapter 163, F.S.) grants the COUNTY and CITY the authority to enter into interiocal agreements; and WHEREAS, the COUNTY and the. CITY recognize that each entity has certain responsibilities with respect to the maintenance of the CR 512 Wentworth and Blossom Ditches; and WHEREAS, it is in the public interest to set forth, by way of agreement, each entities responsibilities. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter set forth, and pursuant to the statutory authority set forth hex, ein, the COUNTY and the CITY agree as follows: The limits of the Wentworth Ditch shall be from the inter- section of the common range line between Ranges 38 East and 39 East with the County Road 512 right-of-way, also commonly referred to as the southwest corner of the Sebastian Elementary School property, to the Roseland Road right-of-way. The limits of the Blossom Ditch shall be from the Roseland Road right-of-way to the western boundary line of Unit 5, Sebastian Highiands as recorded in Piat Book ~ Page No./o~. Both ditches are located along and adjacent to the north right-of-way line of CR 512 and are shown more specifieially on Exhibit 1 as attached. The CITY agrees to bear the cost for spraying the bottom of the ditches with herbicide. The COUNTY agrees to mow the side slopes of the ditches at least three (3) times per year depending upon the rate of growth of the vegetation and rainfall frequency. If by mutual agreement, the ditches need to be mowed more than three (3) times per year, the CITY and COUNTY agree to share the cost equally. If any contractual work for mowing, clearing, grading, sodding, etc., is necessary during the fiscal year, the CITY and COUNTY agree to share the costs equally. Where erosion occurs on the side slopes of the ditch banks, and slopes must be regraded, stabilized, and sodded, the CiTY and COUNTY agree to share the costs equally. The COUNTY'S responsibility shall not extend beyond the northernmost easement line of the Wentworth and Blossom Ditches and specifically excludes tributary ditches, pipes, and headwalls of Sebastian Highlands north of the northern- most easement line of the Wentworth and Blossom Ditches. The CITY'S ~esponsibility shall not extend beyond the top of slope south of the centerline of the Wentworth and Blossom Ditches and specifically excludes maintenance of the outfall pipes and. headwalls south of the centerline of the ditches. The CITY and the COUNTY mutually agree to share the cost of cleaning, repairing, replacing, and maintaining pipe crossings for the Wentworth Ditch under Barber Street, Fleming (Voeelle) Street, Wimbrow Drive, and Easy Street north of CII 512 and within the right-of-way only and associated pavement repairs specifically relating to the pipe maintenance. The CITY and COUNTY shall notify each other when scheduled maintenance will take place at least one week prior to the maintenance being performed. In case of emergencies, the CITY and COUNTY should notify each other on the same day or as soon as possible after the emergency occurs: 10. Any procedures developed, as a result of this agreement, which would require budget amendments said procedures shall be developed which will give both entities ample time to budget accordingly. 11. A copy of this agreement and all subsequent amendments hereto shall be recorded in the Public Records of Indian River County, Florida, upon execution by all parties hereto. 12. This agreement may be amended only by written consent of the parties. 13. The term of this agreement is for one year, effective on the date of execution, and renewed automatically for successive one year periods on the anniversary date, unless either party, by written notice to the other party, at least thirty (30) days prior to the beginning date of the renewal period, desires to cancel the terms of the agreement. IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to be executed by their duly authorized officials on the day and year first above written. INDIAN RIVER COUI~TY',"I~LORIDA Attest: CITY OF SEBASTIAN, Attest: Arthur Firtion, Mayor Kathryn O'Halloran, Clerk FLORIDA City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: ] AGENDA NO. Use of Yacht Club for ] Birthday Party ] APPROVED FOR SUBMITTAL BY: City Manager: Dept. Origin : City Clerk ~ .~' ~ Date Submitted: December 27, 1995 For Agenda Of: __January 10, 1996 Exhibits: Application EXPENDITURE AMOUNT APPROPRIATION REQUHLED: BUDGETED: REQIflRED: SUMMARY STATEMENT An application has been received from Opheila and Raniero Angelone requesting the use of the Yacht Club for a surprise birthday party on January 13, 1996 from 5:00 PM until 9:00 PM. They are also requesting the use of alcohol at the event. A check for $250.00 was received with the application and a rental fee of $75.00 will be paid when key is released. RECOMMENDED ACTION Move to approve the request with the use of alcohol. DATE: ~';~/~ Name of Permittee · Address of Perrmttee · CITY OF SEBASTiAN RENTAL PERMIT APPLICATION [ ] COMMUNITY CENTER [X] YACHT CLUB ,~/~A.J/~/~ eL Telephone No.: ~C, '7- ~ Y~'-:~"~ / ~ '~'~ Name of Orgamzation or Group ff Applicable: Re~son for Rer~tal: Requested Date: Please Answer YES or NO: 1) Are kitchen facilities required? Approx # of Persons Attending Event: Time of Day: From-,~-~ To:~ 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? ~ C 5) Will alcoholic beverages be served? _~'~-~ (a) [f answer to #5 is Yes, Permittee's ~roof of.~ge:~)~ <~e-r~.~ r~¢ ,~/~A.5~: (b) If alcohol is to be served, permission is required by City Council. Your request w/Il be presented to Council on Security Deposit $ ...~. -.~'"~ -'- Rentals ~" Make Checks Payable to: CITY OF SEBASTIAN ' ~" SPECIAL NOTE: A service fee of 5% or $20.00 (whichever is greater) may be charged for any dishonored check per F~orida State Statute 166.251. OFFICE USE ONLY Sec=ty Deposit Pa~d On ~: ,~ /? Z~'"- Date Rental Fee Pcdd On Date Atcohot Bevenzge Request heard ~ the Council Meedng on Key P/ckup Date Security Deposit Returned By City Check No. Comments: Cash Cash Check Check Key Return Date in the c~mount of Imtials Imtials APPROVED/DENIED on i I I i I Regular City Council Meeting December 20, 1995 Page Twelve TAPE II - SIDE II (9:34 p.m.) John Hadaway, 1671 North U.S. 1, Sebastian, distributed a handout including a science project showing effects of marijuana and alcohol use, a rolling paper and newspaper article about a police accident and urged the legalization of drugs. 14. CITY COUNCIL MATTERS A. Mrs. Louise Cartwrieht Mrs. Cartwright requested the City Manager meet with Mr. O'Hara's; inquired where the capital projects wish list is; and wished everyone a happy holiday and urged people not to drink and drive. B. Mrs. Norma Damp_ None. C. Mr. Raymond Halloran Absent. D. Mayor Arthur Firfion Mayor Firfion wished everyone a Merry Christmas. E. Vice Mayor Carolyn Corum Vice Mayor Corem reiterated that she wanted applications from all people who serve on boards, to which the City Attorney responded that the Police Pension Board was an independent board and did not have to go by the City's roles; appointed herself to the Riverfront Task Force. Mrs. Cartwright said she did not agree to a City Council member being a member of an advisory board. The City Attorney said it was a policy call by the Council and Mayor Firtion suggested delaying this matter to the next meeting. 12 I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL I SUBJECT: 4th of July ) ) ) Approval For Submittal By: ) ) I City Manager (~ ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 12/12/95 For Agenda Of: 12/20/95 Exhibits: I I EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A i I I I I I I SUMMARY We now have one possible candidate for serving as the Chairperson for the 4th of July Committee. 1. Wayne Kroegel I would recommend establishing a Co-Chairperson category so the workload is not excessive for any one individual. However, I do not have the name of anyone for you to consider at this time therefore, Mr. Kroegel will have to handle the Chairperson position alone until the Co-Chairperson is appointed. RECOMMENDATION Appoint Mr. Wayne Kroegel as the Co-Chairperson for the 4th of July festivities. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 I I I I I I I I AGENDA TRANSMITTAL SUBJECT: Proposed Charter Questions for the March Referendum Approval For Submittal By: City Manager AGENDA NO. Dept. Origin: City Manager Date Submitted: 01/04/96 For Agenda Of: 01/10/96 Exhibits: - Ordinance No. 0-96-01 - Ordinance No. 0-96-02 - Ordinance No. 0-96-03 - Ordinance No. 0-96-04 - Ordinance No. 0-96-05 I EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A I I I I I I i SUMMARY The attached five (5) ordinances pertain to the proposed Charter Changes by providing the ballot question. Each ordinance must be read as if the other ordinances were not acceptable to the voting electorate. Two (2) of the proposed questions effect the length of terms for the council and the election of a Mayor. The other three (3) questions effect 1) the period of time for leasing of property at the Airport, 2) the appointment and removal of the City Clerk and 3) the method for selecting the winner in the event of a tie vote for an elected position. In order for these questions to be placed on the ballot, the ordinances must have the public heating and final adoption not later than the last day of qualifying (ie January 26, 1996). RECOMMENDATION ,Approve the first reading and set January 24, 1996 as the public hearing date. I i I i I I I I I i ORDINANCE NO. 0-96-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II AND ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE TERMS OF CITY COUNCIL MEMBERS BE EXTENDED TO FOUR YEARS, WITH ELECTIONS HELD EVERY TWO YEARS ON EVEN NUMBERED YEARS BEGINNING IN MARCH OF 1998 AND THE TERMS OF TWO OF THE CITY COUNCIL MEMBERS ELECTED IN MARCH, 1997 EXTENDED TO THREE YEARS AND THE TERM OF ONE OF THE CITY COUNCIL MEMBERS ELECTED IN MARCH, 1997 REDUCED TO ONE YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should I I i be made to the City Charter in order to provide that the terms of city council members be extended to four years, with elections held every two years on even numbered years and the terms of two of t~e city council members elected in March, 1997 extended to three years and the term of one of the city council members elected in I I I I March, 1997 reduced to one year; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of Referendum No. 1, the existing Section 2.03 (a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: (a) There shall be held a general election for council members on the second Tuesday in March of each even numbered year commencing with the general election in March, 1998, for the seats of council members whose terms expire in such year and for council seats which are vacant. The term of office for two of the three council members elected in the general election in March of 1997, shall be three (3) years, and the term of office of the other shall be one year. Thereafter, the term of office for council members shall be four years. Section 2. That upon the passage of Referendum No. 1, the existing Section 2.04 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.04. (a) The terms of the council members shall be four years, or until a successor has been duly elected or appointed a~d sworn. (b) The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. Section 3. That upon the passage of Referendum No. 1, the existing Section 4.12 (a) of.the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected for four (4) year terms, or the balance of the term. Section 4. That notwithstanding the foregoing, if both Referendum No. 2 and Referendum No. 1 are passed, the existing Section 2.03 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.03. Election. (a) There shall be held a general election on the second Tuesday of March of each even numbered year commencing with the general election in March, 1998, for a mayor and for the seats of council members whose terms expire in such year and for council seats which are vacant. The term of office for two of the three council members elected in March of 1997 shall be three (3) years and the term of office of the other shall be one year. Thereafter, the term of office for council members shall be four years. (b) The city elections shall have at large voting; provided that the city council shall have the authority to submit by ordinance to the voters a referendum for the election of city council by districts to be designated by the city council. 3 (c) During the period between the general election of March, 1996 and March, 1998, the office of mayor shall be filled by the procedure in effect prior to the general election of March, 1996. Section 5. That notwithstanding the foregoing, if both Referendum No. 2 and Referendum No. 1 are passed, the existing Section 2.04 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.04. Terms. (a) The term of the mayor shall be two (2) years and the term of the council members shall be four years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected mayor and council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. Section 6. An election is hereby called and scheduled to be held on March 12, 1996, to determine whether the revisions to t~e City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 7. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12 ........................ The Sebastian Community Center 1805 North Central Avenue Precinct 14 ........................ First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ........................ The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ........................ Sebastian Elks Lodge No. 2714 731 South Fleming Street The polls shall open at such voting places on March 12, 1996, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 8. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 1: 5 EXTENSION OF CITY COUNCIL TERMS TO FOUR YEARS Shall the City of Sebastian amend the City Charter to provide that the terms of city council members be extended from two years to four years, that elections be held every two years on even numbered years, that the terms of two of the three council members elected March of 1997 be three years, that the term of the other be one year, and to conform remaining provisions with the amendments? Yes for Approval No for Rejection Section 9.. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council Member Council Member vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The mayor thereupon declared this Ordinance duly passed and adopted this __ day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor 6 ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1996, and that the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 7 ORDINANCE NO. 0-96-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I AND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY OTHER YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. W~EREA$, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and W/4EREAS, the City Council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the City Charter in order to provide for the Mayor to be elected at a general election on the second Tuesday in March every other year; and W~ER~AS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, T~EREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF T~E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. existing Section 2.01 of the City Charter of the Florida, shall be amended to read as follows: That upon passage of Referendum No. 2, the City of Sebastian~_~ Section 2.01. Composition. There shall be a mayor and a city council consisting of four (4) council members elected by the qualified voters of the city at large. Section 2. That upon passage of Referendum No. 2, the existing Section 2.02 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.02. EliGibility. No person shall be eligible to,hold the office of mayor or council member unless he or she is a qualified elector in the city and actually continually resided in the city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office. Section 3. That upon passage of Referendum No. 2, the existing Section 2.03 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.03. Election. (a) There shall be held a general election for a mayor and two (2) council members on the second Tuesday in March of each odd numbered year commencing with the general election in March, 1997, and a general election for two (2) council members on the second Tuesday in March of each even numbered year commencing with the general election in March, 1998. (b) The city elections shall have at large voting; provided that the city council shall have the authority to submit by ordinance to the voters a referendum for the election of city council by districts to be designated by the city council. (c) During the period between the general election of 2 March, 1996 and March, 1997, the office of the mayor shall be filled by the procedure in effect prior to the general election of March, 1996. Section 4. That upon passage of Referendum No. 2, the existing Section 2.04 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.04. Terms. (a) The terms of the council members and the mayor shall be two (2) years or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected mayor and city council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. Section 5. That upon passage of Referendum No. 2, the existing Section 2.06 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.06 MAyor and Vice-Mayor. (a) Mayor - Duties, general. The mayor shall preside at each meeting of the city council, shall vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (b) Vice-mayor - Selection and term. At the first regularly scheduled city council meeting subsequent to the second Tuasday in March, the city council shall elect a vice-mayor from among its members. The term of the vice-mayor shall be one year or until his or her successor is elected. (c) Vice-mayor - Duties, general. In the absence or disability of the mayor, the vice-mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice-mayor, the senior member of city council shall serve as mayor during such absence or disability. Section 6. That upon passage of Referendum No.2, the existing Section 2.08 (c) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: (c) Filling vacancies. In the event of a vacancy in the office of mayor or of a council member, the city council shall appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members'has not expired, or (2) the expiration of the term of office in which the vacancy exists. Section 7. That upon passage of Referendum No. 2, the existing Section 2.10 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.10. City council-employee relationship. Neither the mayor nor members of the city council shall in any manner dictate the appointment or removal of any city employee nor shall the mayor or members of the city council give orders to any employee, other than city council orders. The city council shall implement all policy matters through the city manager. Section 8. That upon passage of Referendum No..2, the existing Section 4.14 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 4.14. Interim qovernment. Should a condition arise where there should be no city council serving, either through death, resignation or otherwise, in the interim until a special election can be called to fill such vacancies, the mayor shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the mayor to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city clerk shall do so. Section 9. That notwithstanding the foregoing, if both Referendum No. 1 and Referendum No. 2 are passed, the existing 5 Section 2.03 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.03. Election. (a) There shall be held a general election on the second Tuesday of March of each even numbered year commencing with the general election in March, 1998, for a mayor and for the seats of council members whose terms expire in such year and for council seats which are vacant. The term of office for two of the three council members elected in March of 1997 shall be three (3) years and the term of office of the other shall be one year. (b) The city elections shall have a large voting; provided that the city council shall have the authority to submit by ordinance to the voters a referendum for the election of city council by districts to be designated by the city council. (c) During the period between the general election of March, 1996 and March, 1998, the office of mayor shall be filled by the procedure in effect prior to the general election of March, 1996. Section 10. That notwithstanding the foregoing, if both Referendum No. 1 and Referendum No. 2 are passed, the existing Section 2.04 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Section 2.04. Terms. (a) The term of the mayor shall be two (2) years and the term of the council members shall be four years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected mayor and council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city council meeting is to be held the Monday following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting. ~ Section 11. An election is hereby called and scheduled to be held on March 12, 1996, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 12. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12 ........................ The Sebastian Community Center 1805 North Central Avenue Precinct 14 ........................ First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ........................ The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ........................ Sebastian Elks Lodge No. 2714 731 South Fleming Street 7 The polls shall open at such voting places on March 12, 1996, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 13. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 2: ELECTION OF MAYOR Shall the City of Sebastian amend the City Charter to provide that the mayor be elected for a two year term at a general election in March of every other year instead of being appointed every year by the city council, and to conform remaining provisions with the amendments? Yes for Approval No for Rejection Section 14. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council Member Council Member vote, the vote was as follows: .The motion was seconded by and, upon being put to a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The mayor thereupon declared this Ordinance duly passed and adopted this __ day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1996, and that the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AA~ City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney ORDINANCE NO. 0-96-3 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III AND ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE CITY CLERK SHALL BE APPOINTED BY THE CITY MANAGER AND MAY BE REMOVED BY THE CITY MANAGER WITH THE CONSENT OF THE CITY COUNCIL, AMENDING ARTICLE III REGARDING THE DUTIES OF THE CITY MANAGER, AMENDING ARTICLE IV REGARDING APPOINTMENT OF A CITY CANVASSING BOARD; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION~ ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. W~.REAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and W~W. REAS, the City Council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the City Charter in order to provide that the city clerk shall be appointed by the city manager and may be removed by the city manager with the consent of the city council, amending Article III regarding the duties of the city manager, and amending Article IV regarding appointment of a city canvassing board; and W~.REAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, T~{W. REFOR~., BE IT ORDAINED BY T~E CITY COUNCIL OF T~. CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon the passage of Referendum No. 3, the existing Article III, Division 1 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: Article III: ADMINISTRATION AND LEGAL DEPARTMENT DIVISION 1. Generallv Section 3.01. Creation. The city council may after receiving recommendation from the~city manager, establish city departments, offices or agencies in addition to those expressly created in the City Charter. Notwithstanding the foregoing sentence, no function specifically assigned in the City Charter to a particular department, office or agency may be discontinued or reassigned to a different department, office or agency by the city council, except to the extent allowable under the provisions of the City Charter. Section 3.02. Appointment of officers. The city attorney and city manager shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. Section 3.03. Removal of appointed officers. Any officer appointed by the City Council may be removed by a majority vote of the city council after a public hearing is called for the specific purpose of addressing the removal and in accordance with the provisions of the employment contract. Section 3.04. (a) City manager; powers and duties. The city manager shall be the executive officer 2 and the chief administrative officer of the city. The city manager shall, as the executive officer of the city, require the laws and ordinances of the city to be faithfully executed and enforced, and as the chief adminisUrative officer, shall implement the policies of the city council as promulgated from time to time. (b The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the office of the city attorney. He shall attend all city council meetings unless excused by the mayor or city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall submit the annual budget, budget message, and capital improvement program budget to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. (f) The city manager shall designate a qualified 3 city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, may sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. Section 3.05. City clerk. There shall be a city clerk appointed by the city manager who shall give notice of city council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by the city manager. The city clerk may be removed by the city manager if the removal is approved by the city council. Section 2. That upon passage of Referendum No. 3, the existing Section 4.08 (a) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city manager shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk and the remaining two (2) members shall be electors of the city appointed by the city manager. The city clerk shall act as chairperson of the city canvassing board. Section 3. An election is hereby called and scheduled to be held on March 12, 1996, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. ~ Section 4. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12 ........................ The Sebastian Community Center 1805 North Central Avenue Precinct 14 ........................ First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ........................ The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ........................ Sebastian Elks Lodge No. 2714 731 South Fleming Street whether or not to adopt revisions to the City Charter. The polls shall open at such voting places on March 12, 1996, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 5. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of The ballot shall be substantially in the following form: BALLOT CiTY OF SEBASTIAN, FLORIDA Referendum Referendum No. 3: APPOINTMENT OF CITY CLERK BY CITY MANAGER Shall the City of Sebastian amend the City Charter to provide that the city manager have the authority to appoint the city clerk and the authority to remove the city clerk with the consent of the city council, and that the city manager shall have the authority to appoint the city election canvassing board, and to conform remaining provisions with the amendments? Yes for Approval No for Rejection Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council Member Council Member vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum CounCilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The motion was seconded by and, upon being put to a The mayor thereupon declared this Ordinance duly passed and adopted this __ day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Haltoran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1996, and · that the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/A_AE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 7 ORDINANCE NO. 0-96-4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR LEASES OF AIRPORT PROPERTY WITH A MAXIMUM TERM OF 50 YEARS; PROVIDING FOR THE MA1TNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the City Charter in order to authorize leases of airport property with a maximum term of fifty years; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of Referendum No. 4, the existing Section 1.02 (7) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: (7) Airports. To purchase, acquire, take, hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways, depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof, for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airport; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed fifty (50) years; to prescribe and promulgate reasonable rules and regulations for the operation; to accept and receive grants from the ~tate and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. Section 2. An election is hereby called and scheduled to be held on March 12, 1996, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: ~ PRECINCT POLLING PLACE Precinct 12 ........................ The Sebastian Community Center 1805 North Central Avenue Precinct 14 ........................ First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ........................ The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ........................ Sebastian Elks Lodge No. 2714 731 South Fleming Street The polls shall open at such voting places on March 12, 1996, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 4. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum 3 Referendum No. EXTENDING MAXIMUMALLOWABLE TERM LEASES OF AIRPORT LAND TO 50 YEARS Shall the City of Sebastian amend the City Charter to extend the maximum allowable lease term for airport property from 20 years to 50 years? Yes for Approval No for Rejection Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council Member Council Member vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The mayor thereupon declared this Ordinance duly passed and adopted this day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor 4 ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1996, and that the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney ORDINANCE NO. 0-96-5 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the City Charter in order to provide a procedure to resolve ties in elections in which there are more than two candidates for office; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That upon passage of Referendum No. 5, the existing Section 4.12 (b) of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: b) In the event that at any election two or more candidates for the same office should receive the same number of votes, the question shall be decided by lot, conducted by the city council at the meeting of the city held for the purpose of canvassing the returns of the election, and the results thereof shall be certified in the minutes of such meeting by the city clerk. Section 2. hel~ on March 12, An election is hereby called and scheduled to be 1996, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12 ........................ The Sebastian Community Center 1805 North Central Avenue Precinct 14 ........................ First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ........................ The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ........................ Sebastian Elks Lodge No. 2714 731 South Fleming Street The polls shall open at such voting places on March 12, 1996, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 4. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA ReferendLun Referendum No. 5: PROVIDING PROCEDURES TO RESOLVE TIES IN ELECTIONS FOR OFFICE Shall the City of Sebastian amend the City Charter to provide that in the event two or more candidates for the same office receive the same number of votes, the question shall be decided by lot? Yes for Approval No for Rejection Section 5. Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Council Member Council Member vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum 3 Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The mayor thereupon declared this Ordinance duly passed and adopted this __ day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk I ~EREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1996, and that the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney I I I I City of Sebastian 1225 MAiN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Ordinance No. 0-96-06 - Airport M~tnager Duties AGENDA NO: DEPT. ORIGIN: I DATE SUBMITTED: 1/4/96 I I I MEETING DATE: 1/10/96 APPROVED FOR SUBMITTAL: City Manager' ~ EXHIBITS: 0-96-06 i Expenditure Required: Amount Budgeted: Appropriation Required: I I I I I I i i SUMMARY STATEMENT The recent action of the City Council regarding the budget for the Airport requires an amendment to the existing Code of Ordinances. The attached proposed changes brings the current Ordinance in concert with City Council action. RECOMMENDATION Approve Ordinance No. 0-96-06 on first reading and schedule a public hearing for January 24, 1996. ORDINANCE NO. 0-96-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 22-29 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR TH~ CITY MANAGER TO PERFORM THE DUTIES OF THE AIRPORT MANAGER OR APPOINT A QUALIFIED INDIVIDUAL TO PERFORM THE DUTIES; DELETING SECTION 22-29 (a) (2) REQUIRING A FIXED BASE OPERATOR TO SERVE AS AIRPORT MANAGER; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHE~, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances to provide for the City Manager to perform the duties of Airport Manager or to appoint a qualified individual to perform the duties. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 22-29 of the Code of Ordinances, City of Sebastian, is hereby amended to read as follows: "Sec. 22-29. Airport manager. (a) General duties. (1) The city manager may either perform the duties of the airport manager or appoint a qualified individual to perform the duties outlined herein. The airport manager shall administer and be responsible for the enforcement of field roles, operation procedures and all maintenance and storage requirements in compliance with Federal Aviation Administration roles and regulations, state statutes and roles and city ordinances. The airport manager shall present for review, as requested by the city manager, complete reports regarding any and all airport activities. All copies of Federal Aviation Administration reports, U.S. Department of Transportation reports and Florida Department of Transportation reports will be submitted to the city manager. (b) Field rules. Field rules (reference: Resolution No. R-79-11) are to be established and prominently displayed at the airport by the airport manager. Field roles and city ordinances would, for the purpose of enforcement, be mandated on all air, ground, vehicular and pedestrian traffic. Penalties for noncompliance with any of such rules and ordinances would be disbarment form the airport for 30 days for first offense, or permanent disbarment for a second offense by air or ground. None of the roles required by this section are mean to except, duplicate, or relieve an offender of other existing FAA, state, county, civil or penal codes, rules or regulations." ~ Section 22-29 (a) (2) of the Code of Ordinances, City of Sebastian, is hereby deleted in its entirety. ~ it is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Secti~ All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section~ If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. 2 Section 6. This Ordinance shall become effective on September 30, 1995. The foregoing Ordinance was moved for adoption by Councilmember The motion Was seconded by Councilmember Mayor Arthur L. Firtion and, upon being put into a vote, the vote was as follows: Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright day of The Mayor thereupon declared this Ordinance duly passed and adopted this ,1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 3