HomeMy WebLinkAbout03081995 City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
I SEBASTIAN CiTY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 8, 1995 - 7:00 P.M.
CITY COUNCiL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND iNFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
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-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend
Presbyterian Church
Dr. Donald E. Swope - First
4. ROLL CALL
5. AGENDA MODIFICATIONS ,(ADDITIONS ~OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ]tNNOUNCEMENTS
PUBLIC HEARING~ ~ ACTION - None
95.014
P~S 1-4
8. COMMUNITY DEVELOPMENT BLOCK GRANT ISSUES
~ NO. 0-95~,08 - Redevelopment Trust Fund
(0-95-08)
1st Reading, Set Public Hearing for 3/22/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE
ESTABLISHMENT AND ADMINISTRATION OF A COMMUNITY
REDEVELOPMENT TRUST FUND; PROVIDING FOR THE
DESIGNATION OF THE COMMUNITY REDEVELOPMENT TRUST FUND
AS THE RECIPIENT OF FUNDS PURSUANT TO SECTION
163.387, FLORIDA STATUTES; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
95.014
PGS 5-8
RESOLUTION NO. R-95-15 - Citizen Participation
Plan (R-95-15, Plan)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDiAN RIVER
COUNTY, FLORIDA, ADOPTING A CITIZEN PARTICIPATION
PLAN TO PROVIDE CITIZENS WITH INFORMATION CONCERNING
THE COMMUNITY DEVELOPMENT BLOCK GRANT; PROVIDING AN
EFFECTIVE DATE.
95.014
PG 9
Appoint Citizen Advisory Task Force Members
(List)
- George Reid
- Anthony Donini
- Ruth Sullivan
- David Dabrowski
- Stanley Krulikowski
INTRODUCTION OF NE~ BUSINESS BY THE pUBLIC (Which is
Not Otherwise on the Agenda - By Resolution No.
R-93-19 - Limit of Ten Minutes for Each Speaker)
10. CONSENT AGENDA
PGS 11-28
Ail 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.
Approval of Minutes - 2/22/95 Regular Meeting,
3/1/95 Workshop
95.011
PGS 29-49
95.035
PGS 51-54
95.O45
PGS 55-64
RESOLUTION ~Q, ~ - Bank Financing and
Required Bank Accounts - Water Line Assessment
(City Manager Transmittal dated 3/2/95, Barnett
Letter dated 12/21/94, Indian River National
dated 2/23/95, Sun Bank/Treasure Coast Letter
dated 2/16/95, R-95-11)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
COUNTY, FLORIDA, ESTABLISHING THE NECESSARY
REVENUE AND EXPENDITURE ACCOUNTS FOR THE WATER
DISTRIBUTION ASSESSMENT; APPROVING THE FINANCING
AGREEMENT FOR $750,000; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION ~0. R-95-16 - Vickers Grove
Preliminary Plat - Amending Commencement Date
(City Manager Transmittal dated 2/27/95, R-95-16)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY
SUBDIVISION PLAT FOR AN AREA KNOWN AS VICKERS
GROVE SUBDIVISION; PROVIDING CONDITIONS FOR SUCH
APPROVAL; PROVIDING AN EXPIRATION DATE; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE OF THE
RESOLUTION.
RESOLUTION NO. R-95-18 - Vacation of Easement
(City Clerk Transmittal dated 2/28/95, R-95-18,
Application, Survey, No Objection Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE NORTH THREE FEET
OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT, OF LOT 2, BLOCK 364, SEBASTIAN
HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 7-56A, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING
AN EFFECTIVE DATE.
95. 046
PGS 65-74
95.047
PGS 75-105
95.048
PGS 107-108
95.049
PGS 109-110
95.050
PGS 111-113
95.051
P~S 115-117
RESOLUTION NO. R-95-19 - Vacation of Easement
(City Clerk Transmittal dated 2/28/95, R-95-19,
Application, Survey, No Objection Letters)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE NORTH EIGHT FEET
OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT, OF LOT 7, BLOCK 339, SEBASTIAN
HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 7-82F, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING
AN EFFECTIVE DATE.
Award Refuse Collection Franchise to Browning-
Ferris Industries of Ft. Pierce - $6.49 Per
Residential Customer (City Manager Transmittal
dated 2/28/95, Proposal Form Clarifications and
Exceptions/Capital Sanitation, Proposed Ordinance)
Bid Waiver - City Clerk Computer Software Upgrade
- AT&T Global Information Solutions (Formerly
NCR) - $2,769.00 (City Clerk Transmittal dated
2/22/95, Proposal)
Bid Waiver - Pine Street Paving - Dickerson of
Florida, Inc. - Approximately $7,270.00
(Engineering/Public Works Transmittal dated
2/28/95, IRC Commodities Contract Award)
L.I. Tree Service/Walter Smith - Specimen Tree
Removal Request - Lot 19, Block 120, Unit 4 - One
21 1/2" Oak (Director of Community Development
Transmittal dated 2/17/95, Application, Plot
Plan)
Sebastian Jaycees - Request Use of Community
Center - Charge Admission Fee for Fundraiser Teen
Dance - 3/24/95 - Security Paid (City Clerk
Transmittal dated 2/28/95, Application, Page 5 of
R-94-50)
4
95. 052
PGS 119-120
95.053
PGS 121-122
95.054
PGS 123-124
95.055
PGS 125-127
11.
12.
13.
95.056/
94.220
PGS 129-145
14.
15.
Rodney Dyke - Request Use of Community Center -
A/B Use - Wedding - 6/17/95 - Security Paid -
Permittee DOB 6/1/65 (City Clerk Transmittal
dated 2/22/95, Application)
Emma H.'Trevino - Request Use of Community Center
- Wedding - A/B Use - 3/25/95 - Security Paid -
Permittee DOB 2/9/69 (City Clerk Transmittal
dated 2/28/95, Application)
Learning Nest Child Development Center - Request
Use of Yacht Club - A/B Use - PTA St. Patrick's
Day Party - 3/18/95 - Security Paid - Permittee
DOB 12/23/58 (City Clerk Transmittal dated 3/1/95,
Application)
Indian River Lightning Speed Skating Club -
Request Use of Riverview Park - 3/25/95 - 8 am to
4:30 pm - Use of Electricity - Fundraiser Craft
Show and Swap Meet - Standard Conditions
(Director of Community Development Transmittal
dated 2/27/95, Coburn Letter dated 2/22/95)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
NEW BUSINESS
Aa
ISS Landscape Management Service, Inc. (City
Manager Transmittal dated 3/3/95, Pgs of Current
Agreement, Letter dated 3/1/95, Exhibits A, B, C
from ISS)
CITY COUNCIL MATTERS
A. Vice-Mayor Carolyn Corum
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mr. Frank Oberbeck
E. Mayor Arthur Firtion
CITY ATTORNEY MATTERS
5
16.
17.
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TOANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
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.
6
CITY OF SEBASTIAN, FLORIDA, ORDINANCE NO. ~;-~?,~-~
AN ORDINANCE OF THE CITY OF SEBASTIAN, FIX)RH)A, PROVIDING
FOR FINDINGS OF FACT; PROVIDING FOR THE ESTABLISHMENT AND
ADMINISTRATION OF A COMMUNITY ~TIEVELOP~ TRUST FUND;
PROVIDING FOR THE DHSIGNATION OF THE COMMUNITY
P, EDEVELOP~ TRUST FUND AS THE RF_~IPIENT OF FUNDS
PURSUANT TO SECTION 163.387, FLORA STATUTNS; PROVIDING FOR
ENFOR~; PROVIDING FOR SEVERAB]LITY; AND PROVIDING AN
EFFE~ DATE.
WHEREAS, the City Council of the City of Sebastian has by Resolution ~tablished a
finding of blight; and,
WHF_REAS, the City Council desires to provide for the removal of such blighted areas and
redevelop such areas, pm'stmnt to the Community Redevelopment Act of 1969, hereafter referred
to as the "CRA", as contained in Florida Statutes, Chapter 163, Part Il'I, and,
WtiERF_AS, the City Council has, by Resolution approved a Community Redevelopment
Plan for the City.
NOW, TI-~REFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, as follows: ~'
Section 1. There is hereby established and created, in accordance with the provisions
of Section 163.387, Florida Statutes, a Community Redevelopment Trust Fund, hereafter referred
to as the 'Fund".
~ The monies allocated to and deposited into the Fund are hereby appropriated
to the City of Sebastian Community Redevelopment Agency, hereafter referred to as the
"Agency', to finance projects within the Community Redevelopment Project Area, hereafter
referred to as the "Project". The Agency shall utilize the monies and the revenue paid into and
earned by the Fund for all and every Community development purpose delegated to it by the
established Community Redevelopment Plan, hereafter refe..n~ to as the 'Plan', and as further
provided by law. The Fund is to exist for the duration of the Project programs or until legally
terminated by ordinance. Said monies shall be held by the City for and on behalf of the ^geney
and distributed to the Agency in accordance with a subsequent agreement to be established
between the City and the Agency.
S~fion 3. Thea'e shall be paid into the Fund each year by all taxing authorities within
the Project, excluding the school dkntrict, the inereanental increase in ad valorem taxes levied each
year by the above-referenced taxing authorities over the amount of ad valorem taxes levied by the
referenced taxing authorities in the base year, as established in Section 5 below.
~ The tax roll used in connection with the taxation of such property for the
base year shall be the Tax Roll of 1994 in Indian River County. All deposits into the Fund shall
begin with the inca'emental inca'eases in ad valorem tax revenues recdved subsequent to November
1, 1995.
S~fion 5. The tax increment shall be determined and appropriated annually in an
amount equal to the difference between:
a. that amount of ad valorem taxes levied each year by all taxing authorities,
excluding the school district, on taxable real property contained within the geographic boundaries
of the Project; and,
b. that amount of ad valorem taxes which would have been produced by the rate
upon which the tax is levied each year by or for all taxing authorities, excluding the school
district, upon the total of the assessed value of the taxable property in the Project, as shown upon
the 1994 assessment roll used in connection with the taxation of such property by all taxing
authorities, excluding the school district. If any conflict occurs between the provisions of this
Ordinance and the provisions c~f Chapter 163, Part Ill, Florida Statutes, concerning tax increment
financing, the statutory provisions shall control and apply to this Ordinance.
~ The tax increment shall be computed by using the assessed value of taxable
proport7 in the Project for the year 1994 as the base, and in subsequent years using the assessment
value of prol~rty in the Project for that year as the second factor in determining the amount of
tax increment in that year.
~ Ail taxing authorities, excluding the school district, will annually
appropriate to the Fund the aforestated sum at the beginning of their fiscal year. The Fund shall
receive the tax increment above described only as, if and when such taxes may be collected by the
taxing authorities, the taxing authorities' obligation to annually appropriate to the Fund shall
commence immediately upon the effective date of this Ordinance and continue until all loans,
advances and indebtednesses, if any, and interest thereon, incurred by the Agency as a result of
the Project have been paid and only to the extent that such tax increment recited above accrues.
S~on g. The Agency with the approval of the City Council is directed to establish
and set up the Fund and to develop and promulgate rules, regulations and criteria whereby the
Fund may be promptly and effectively administered, including the establishment and the
maintenance of books and records and adoption of procedures whereby the Agency may,
expeditiously and without undue delay, utilize said monies for their allocated statutory purpose.
S~fion9. The Agency accepts full responsibility for the receipt, custody,
disbursement, accountability, management and proper application of ail monies paid into the Fund
subject to the provisions of Section 2 of this Ordinance.
~ Any and all ordinances or parts of ordinances that are in conflict herewith
are hereby repealed.
If any part of this Ordinance is held to be invalid o~ unenforceable for any
reason, such holding.shall not affect the validity or ~nforceability of the remaindex, which shall
remain in full force and effect.
This Ordinance shall take effect as provided by law.
PASSED AND DULY ADOS, this ~ cl~.y of
,1995.
ATTP~T:
Clerk/Deputy Clerk
Mayor
RESOLUTION NO. -_~
A RESOLUTION OF THE CITY OF SEBASTIANt INDIAN
RIVER COUNTY, FLORIDA, ADOPTING A CITIZEN
PARTICIPATION PLAN TO PROVIDE CITIZENS WITH
INFORMATION CONCERNING THE COMMUNITY
DEVELOPMENT BLOCK GRANT~ PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Community Development Block Grant program
requires adoption of certain policies and plans; and
WHEREAS, the City Council of the City of Sebastian is desirous
of providing information to its citizens concerning the Community
Development Block Grant; and
WHEREAS, in compliance with the appropriate rules and
regulations of the Community Development Block Grant requirements,
the proposed plan requires formal adoption.
NOW, THEREFORE, be it resolved by the City Council of
Sebastian, Florida, as follows=
SECTION 1. FORH~L ADOPTION OF CITIZEN PARTICIPATION PLAN.
The City Council of the City of Sebastian, in compliance with the
City of Sebastian Community Development Block Grant application,
hereby formally adopts the Citizen Participation Plan attached
hereto as Exhibit A.
SECTION 2. CONFLICT. Ail Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 3. EFFECTIVE DATE.
immediately upon its adoption.
The foregoing Resolution
Councilmember
Councilmember
vote was as follows:
This resolution shall take effect
was moved for adoption by
The motion was seconded by
and, upon being put to a vote, the
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma j. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of , 1995.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion,
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Clifford A. McClelland, Jr.
City Attorney
2
CITY OF SEBASTIAN
CITIZEN PARTICIPATION PLAN
In order to provide
Development Block Grant
following actions:
citizens with information concerning the Community
(CDBG) program, the City of Sebastian will take the
Make available to the public, in a reasonable and timely
manner, information concerning the amounts of funds
available for various activities and the range of activities
that may be undertaken.
Provide citizens with adequate notice of public hearings,
which are to be held at times and locations convenient to
potential or actual beneficiaries, and with accommodation
for the handicapped. If a significant number of non-English
speaking residents could reasonably be expected to attend
a public hearing, an interpreter will be provided for the
language expected to be represented.
If any party representing Iow to moderate income persons
requests assistance for developing a proposal for the CDBG,
the governing body shall determine the eligibility of the
proposed activity. If such activity is eligible for funding, the
party's ideas will be discussed at the First Public Hearing in
the CDBG application or amendment stage. Information
available from the state regarding the application process
will be provided to interested parties.
Hold at least one Public Hearing to obtain the views of
citizens on community development needs.
A citizen advisory task force shall be established (composed
of citizens of the jurisdiction) to provide input relative to all
phases of the project process. Residents of Iow and
moderate income neighborhoods shall be included in this
task force. The task force members will be appointed by
the governing body before the Second Public Hearing on
the project. Members may be reappointed.as a standing
committee.
The task force will meet at its discretion and will offer
recommendations as it deems appropriate.
Develop and publish a summary of the proposed application
that will provide citizens with an opportunity to examine its
contents and submit their comments.
;Consider any comments and views expressed by citizens on
the proposed application and, if appropriate, modify the
proposed application.
Hold at least one Public Hearing to obtain the views of
citizens on the final application prior to its submission to the
department.
Hold at least one Public Hearing during the grant
implementation process to review the program
performance. This may be combined with the Public
Hearing on amendments, if any such hearings are required.
The following Complaint/Grievance Procedure will be followed for the CDBG program:
Complaints or grievances may be filed by local citizens, property or
business owners, or their representatives, on the basis of their belief that
the CDBG program design or implementation is inappropriate or illegal
based upon such factors as environmental considerations or civil rights.
Complaints shall be issued in writing to the chief elected official within
30 days of the perceived problem and delivered or mailed to the official
address of the local government.
The local government shall investigate the complaint/grievance and
respond in writing within 1 § days, although conclusion of the matter may
take more than 15 days.
The investigation may be performed by local officials, staff, consultants,
the citizen advisory task force, or others as determined appropriate by
the local government.
If the party filing the complaint or grievance is not satisfied with the
response, they may appeal to the Florida Department of Community
Affairs.
Nothing in this policy shall prohibit a person from filing a complaint with
HUD or any regulatory agency or court. Housing discrimination
complaints may be filed directly by calling the discrimination hotlines.
HUD:
State:
1-800-424-8590
1-800-342-8170
Adopted by governing body the ~
day of 19
.uthorized
Representative
CITY OF SEBASTIAN
CITIZEN ADVISORY TASK FORCE
FOR 1994/95 CDBG PROGRAM
The following citizens are hereby appointed to serve on the Citizen Advisory
Task Force:
1. Name: George Reid
Address: 202 Delmonte Road, Sebastian, FL 32958
Name: Anthony Donini
Address: 673 Bayfront Terrace, Sebastian, FL
· Name: Ruth Sullivan
32958
Address: 1215 Indian River Drive, Sebastian, FL 32958
Name: David Dabrowski
Address:...1.532 North Indian River Drive, Sebastian~ FL
Name: Stanley Krulikowski
Address: 482 Azine Terrace, Sebastian, FL 32958
32958
Approved by governing body the
__ day of , 19
Authorized Representative
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 22, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
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-93-19)
1. Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Merril E. Dewey -
Church of the Nazarene.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
February 22, 1995
Page Two
95.038
A~ENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
PROCLAMATIONS AND~ ANNOUNCEMENTS
PreseBtation of Certificates of Appreciation
Police De a_~ ~ommunity Service Volunteers
Mayor Firtion presented certificates of appreciation
to Police Department Community Service Volunteers:
Howard Brauer, Julio Carosi, Terry Carosi, Marvin
Goldman, Frank Gorchess, Christian Gumbrecht, Albert
Jordan, Earl Kieffer, Joseph Morozowski, Paul Mouser,
Jerry Puthoff, James Stanberry, J. Paul St. Amand,
Robert Stuart, William Ward, and Carl Wolf.
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
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 the Council.
2
Regular City Council Meeting
February 22, 1995
Page Three
95.028 A.
ORDINANCE NO. O-95-01 - Tree Protection (City
Manager. Transmittal dated 2/16/95, O-95-01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XiV OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO TREE PROTECTION, BY DELETING THE EXISTING ARTICLE
IN ITS ENTIRETY; PROVIDING DEFINITIONS; PROViDiNG FOR
THE APPOINTMENT OF AN ENVIRONMENTAL ADMINISTRATOR;
REQUIRING PERMITS FOR REMOVAL OF CERTAIN TREES;
REQUIRING SITE PLANS; PROVIDING FOR PENALTIES;
ESTABLISHING REQUIREMENTS FOR PERMITS; ESTABLISHING
APPLICATION PROCEDURES; PROVIDING FOR CREDITS FOR
EXISTING TREES; ESTABLISHING CRITERIA FOR ISSUANCE OF
PERMITS; PROVIDING FOR FORMATION OF A TREE ADVISORY
BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROViDiNG FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/8/95,
Advertised Legal Notices 2/10/95, PH 2/22/95)
Mayor Firtion opened the public hearing at 7:06 p.m.,
and the City Attorney read Ordinance No. O-95-01 by
title only.
The City Manager handed out new pages 4, 6, 7 and 10
and the City Attorney briefly explained the changes.
Additional changes were made as follows:
- "diameter" changed to "circumference" in the
definition of "Protected Tree".
- delete references to "4 inches or greater in DBH"
on page six definition of "Tree Survey" and page
seven items (20A-14.6(C) and (D)) and (20A-
14.5(B) (2)) and leave in only "protected, historic,
or specimen tree"
- "Quercus (Oak)" definition was changed to "Quercus
(Scrub Oak)"
- reference to "Quercus (Oak)" in the definition of
"Protected Tree" was changed to "Quercus (Scrub
Oak)"
Mayor Firtion closed the public hearing at 7:28 p.m.
3
Regular City Council Meeting
February 22, 1995 ~
Pa~e Four
MOTION by Freeland/Oberbeck
I would move that we adopt Ordinance No. O-95-01
with the changes recommended by the Attorney.
It was noted that a resolution identifying specific
native trees will be brought back to City Council for
adoption prior to the effective date of this
ordinance.
Vice Mayor Corum inquired about reference to
measurement at eighteen inches for replacement trees.
Vice Mayor Corum was excused for a moment from
Council Chambers to view trees brought in by the
Director of Community Development for comparison.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
The Director of Community Development said there will
be a meeting in Council Chambers on March 1, 1995 to
review the ordinance.
95.028
~ NO. 0-95-02 - Landscaping (City Manager
Transmittal dated 2/16/95, 0-95-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XIII OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING
TO LANDSCAPE REGULATIONS, BY DELETING PORTIONS OF
SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 2/8/95, Advertised Legal Notices
2/10/95, PM 2/22/95)
Mayor Firtion opened the public hearing at 7:35 p.m.,
and the City Attorney read Ordinance No. 0-95-02 by
title only.
The Director of Community Development gave a brief
explanation.
Mayor Firtion closed the public hearing at 7:36 p.m.
Regular city Council Meeting
February ~2, 1995
Page FiveI
MOTION by Damp/Oberbeck
I move we adopt Ordinance No. 0-95-02.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
95.014
Ct
First Public ~ on community Development
Block Grant ~
Mayor Firtion opened the public hearing at 7:37 p.m.
The City Manager introduced Robert Johnson, Clark,
Roumelis and Co.
Robert Johnson explained the grant program and the
City's options.
He listed the options as Housing Rehabilitation,
Neighborhood Revitalization, Commercial
Revitalization, and Economic Development and reported
that surveying had begun in a 1/2 mile radius from
the project area with commercial revitalization in
mind. He requested that a decision be made tonight
on the option.
TAPE I - SIDE II (7:45 p.m.)
Mayor Firtion closed the public hearing at 7:49 p.m.
It was the consensus of City Council to go with
Commercial Revitalization.
5
Regular City Council MeetiDg
February 22, 1995
Page Six
8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ~TEMS
95.014 A.
O~ NO. O-95.~07 - Fair Housing Ordinance
(City Manager Transmittal dated 2/16/95, 0-95-07)
1st Reading - Set Public Hearing for 3/22/95
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
PROVIDING FOR A DECLARATION OF CITY POLICY TO
PROHIBIT DISCRIMINATION IN HOUSING ON THE BASIS OF
RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, RELIGION,
SEX, MARITAL STATUS, FAMILIAL STATUS, HANDICAP, OR
AGE; PROVIDING DEFINITIONS; DESIGNATING AS UNLAWFUL
CERTAIN DISCRIMINATORY HOUSING PRACTICES IN THE SALE
OR RENTAL OF HOUSING AS WELL AS IN ADVERTISING IN
CONNECTION THEREWITH, IN THE FINANCING OF HOUSING,
AND IN BROKERAGE SERVICES RELATED TO HOUSING;
PROVIDING FOR CERTAIN EXEMPTIONS AND EXCEPTIONS;
PROVIDING FOR AN ADMINISTRATOR TO BE DESIGNATED BY
THE CITY COUNCIL AND PRESCRIBING THE GENERAL POWERS
AND DUTIES OF SUCH ADMINISTRATOR; PRESCRIBING ACTION
UPON A DETERMINATION OF PROBABLE CAUSE, AND
AUTHORIZING THE PROMULGATION OF FORMS AND REGULATIONS;
MAKING PROVISION FOR THE FILING OF COMPLAINTS AND
RESPONSES THERETO, AND THE PROCESSING THEREOF BY THE
ADMINISTRATOR; PROVIDING FOR ADDITIONAL REMEDIES;
iNFORMATION; PROHIBITING UNTRUTHFUL COMPLAINTS OR
FALSE TESTIMONY; AND PROVIDING FOR PENALTIES FOR
VIOLATION OF SUCH ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-95-07 by title
only.
MOTION by Corum/Freeland
I make a motion to accept Ordinance No. 0-95-07
first reading and set the public hearing for 3/22/95.
Robert Johnson explained that the city is required to
adopt and adhere to this Ordinance.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
6
Regular City Council MeetiDg
February 22, 1995
Page Seven
10.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Keith Miller, 961 Riviera Avenue, Sebastian,
spoke on behalf of the handicapped for walkways at
Barber Street Sports Complex; discussed drainage
concerns adjacent to his home; and proposed selling
the northern 2/3 of the Cavcorp property and using
the funds for drainage in the City.
Sal Neglia, 461 Georgia Boulevard, Sebastian,
inquired when the Christmas lights will be removed
from the trees in Riverview Park.
Mayor Firtion called recess at 8:00 p.m. and
reconvened the meeting at 8:10 p.m. Ail members were
present.
Richard Taracka, 1320 Coverbrook Lane, Sebastian,
discussed use of the Cavcorp property and recommended
against use of railroad ties for curb stops.
Robert Johnson, Clark, Roumelis and Co., explained
tax increment financing.
Herbert Munsart, 1464 Seahouse Street, Sebastian,
discussed use of the Cavcorp property and expressed
concern for use of grant funds and implementation of
parking fees.
Herbert Sturm, 549 Saunders Street, Sebastian,
discussed Pine Street drainage and requested an
accounting for the increase in price from the City
Manager.
CONSENT AGENDA
Ail 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.
Regular city Council Meeting
February 22, 1995
Page Eight
95.035/ B.
94.073
95.039/ C.
94.189
Approval of Minutes - 2/8/95 Special and Regular
Meetings
RESOLUTIOn NO. ~-95-07 - Vickers Grove Sandmining
Special Use Permit (Director of Community
Development Transmittal dated 2/17/95, R-95-07)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING
OF A SPECIAL USE PERMIT FOR THE MINING OF SAND
AND SOIL MATERIALS PURSUANT TO SECTION 20A-2.6 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN FOR A TRACT OF LAND APPROXIMATELY 30.2
ACRES IN SIZE, LOCATED IN SECTION 17, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE
WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE
SPECIAL USE PERMIT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
~ NO. R-95-08 - Fey Mulch Special Use
Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-08)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT TO RICHARD FEY, L.I. TREE SERVICE, INC.
AND DAMiEN GiLLIAMS ON APPROXIMATELY 11 ACRES OF
LAND; ESTABLISHING CONDITIONS FOR THE PERMIT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
8
Regular City Council Meeting
February 22, 1995
Page Nine
95.017 D.
95. 040 E.
95o041/ F.
94.196
95.015 G.
RESOLUTION NO. R-95-09 - Fey Sandmining Special
Use Permit (Director of Community Development
Transmittal dated 2/17/95, R-95-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE
PERMIT AND MINING PERMIT TO RICHARD FEY FOR
SAND MINING ON APPROXIMATELY 11 ACRES OF LAND;
FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC
SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH
THE PURPOSE AND INTENT OF THE INDUSTRIAL
DISTRICT; FURNISHING CONDITIONS; PROVIDING AN
EXCEPTION TO THE 150 FOOT SETBACK; MODIFYING
CONDITION NUMBER EIGHT IN THE TREE RECYCLING AND
MULCHING RESOLUTION ON THE PROPERTY BY DELETING
THE PROHIBITION ON SAND MINING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
RESOLUTIQN NO.. R-95-10 - Budget Transfer - Police
Retirement Fund (City Manager Transmittal dated
2/7/95, R-95-10, Finance Director Memo dated
2/3/95 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET
OF THE CITY OF SEBASTIAN, FLORIDA FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1994, AND ENDING
SEPTEMBER 30, 1995; AUTHORIZING THE TRANSFER OF
FUNDS FROM GENERAL RESERVES NON-DEPARTMENTAL TO
POLICE DEPARTMENT CHAPTER 185 RETIREMENT FUND;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Approve Supplemental Agreement - Greiner
Engineering, Inc. - Runway 4-22 Resurfacing
Project Engineers (City Manager Transmittal dated
2/6/95, Supplemental Agreement No. 1)
Receive Lonnie R. Powell Formal Withdrawal of
Name from March 14, 1995 Ballot (City Clerk
Transmittal dated 2/16/95, Powell Letter)
Regular City Council Meeting
~ebruary 22, 1995
~age Ten
95.042
American Cancer Society - Request Use of
Community Center - 3/4/95 - 5 pm to 11 pm - Chili
Cook-Off - A/B - Security Paid - Permittee Board
.of Directors (city Clerk Transmittal dated
2/6/95, Application)
The City Manager read the consent agenda and the City
Attorney read titles for Resolution Nos. R-95-07,
R-95-08, R-95-09 and R-95-10.
Vice Mayor Corum removed items B and F.
Mrs. Damp removed item C.
MOTION by Freeland/Oberbeck
I'd move to approve items A, D, E, G and H of
the consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Item ~ ~ ~solution No. R-9~-07 - Vickers ~
$~ndmininq S e_~ ~se Permit
Vice Mayor Corum inquired about the developer's
future plans for the 95 acre lake and expressed
concern for loss of tax base.
Vice Mayor Corum made a motion to deny but it failed
for lack of a second.
MOTION by Damp/Oberbeck
I move to approve item B of the consent agenda.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
10
Regular City Council Meeting
February 22, 1995
Page Eleven
11.
12.
13.
Item c - ~esolution No. R-95-08 ~ FeY ~ ~
Use Permit
Mrs. Damp referred to the one year time limit in the
sandmining resolution and the five year limit in the
mulch resolution and suggested the mulch be six
years.
MOTION by Damp/Oberbeck
I move that we approve item C on the consent
agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Item F - Greiner Supplemental Aqreement
Vice Mayor Corum requested an update on airport
grants. The city Manager replied that the Airport
Manager will have further information subsequent to
a meeting in Tallahassee.
MOTION by Corum/Freeland
I move approval of item F of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
COMMITTEE REPORTS/RECOMMENDaTIONS
None.
OLD BUSINESS
None.
NEW BUSINESS
None°
11
Regular City Council Meetimg
February 22, 1995
Page Twelve
14. CITy COUNCIL MATT,ERS
A. Mr. Frank Oberbeck
Mr. Oberbeck suggested that swale parking be
addressed to alleviate swale damage and then deal
with on-site parking.
TAPE II - SIDE I (8:41 p.m.)
Discussion followed. The City Manager said a
resolution could be passed making parking on any city
property illegal unless posted specifically for
parking.
Mr. Oberbeck discussed letters received by City
Council and inquired whether action is being taken;
inquired whether Mr. Sturm's concerns relative to
Pine Street will be addressed; and urged people to
read a Quality Cities magazine article regarding
water and sewer.
B. Mayor Arthur F~rtion
Mayor Firtion recommended that staff look into
allowing Walmart to have vehicle sales in its parking
lot. The Director of Community Development said
Planning and Zoning will look at it at its next
meeting.
Mayor Firtion reiterated his voter turn-out challenge
to the City of Fellsmere.
C. Vice-Mayor Carolyn Corum
Vice Mayor Corum reported on a workshop at the
Environmental Learning Center for native landscaping
and distributed a brochure to City council and the
City Manager. She noted the cost is $25 and
requested approval for her to represent the City.
12
Regular City Council Meeting
February 22, 1995
Page Thirteen
MOTION by Corum/Oberbeck
I make a motion to put the Going Native Landscape
workshop March 4, 1995 on tonight's agenda.
Mr. Oberbeck suggested that a city employee also
attend.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
MOTION by Oberbeck/Freeland
I would move that we authorize Mrs. Corum to
attend the Going Native Landscape Workshop on
Saturday, March 4, 1995.
ROLL CALL:
Mr. Oberbeck - aye
Mayor ¥irtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Vice Mayor Corum discussed behavior by members of the
audience; reported on the Land Acquisition meeting
relative to purchase of wetlands to buffer Pelican
Island.
D. Mrs. Norma Dame
None.
E. Mr. Robert Freeland
Mr. Freeland discussed his concerns about the Finance
Department referring to a report he received today
from SCT. He reported on missing check numbers from
check registers, errors in the last operating
statement, computer problems, and requested
authorization for the City Manager to contract with
SCT to train personnel.
13
Regular City Council Meeting
February 22, 1995
Page Fourteen
15.
16.
17.
MOTION by Freeland/Oberbeck
I move to put the item for the Finance software
on the agenda.
ROLL CALL:
Mayor Firtion - nay
MOTION failed due to lack of unanimous vote.
Mr. Freeland said he would turn his information over
to the City Manager.
Mayor Firtion said he expected the City Manager to
take needed action and bring back a recommendation to
Council.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
The City Manager said he needs first and second
choices from each Council member on professional
engineers for drainage by Friday; inquired whether
City Council concurred that another resolution be
adopted to rescind the expiration date in Resolution
No. R-95-06, adopted February 8, 1995, for the
rickets Grove preliminary plat to give them eighteen
months from the time of the resolution adoption.
City Council concurred.
The City Manager explained the Fleming Street
bridge closure.
Being no further business, Mayor Firtion adjourned
the Regular Meeting at 9:25 p.m.
Approved at the
1995, City Council
Meeting.
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
14
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, MARCH 1, 1995 - 7:00 EM.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
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 providedprior
to the meeting - limit often minutes per speaker (R-93-19)
Introduction of New Business from the Public shall not be allowed at City Council
Workshops (R-93-199.
Mayor Firtion called the workshop to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
Assistant City Attorney, Tim Williams
City Clerk, Kathryn M. O'Halloran
Deputy City Clerk, Sally Maio
City Council Workshop
March l, 1995
Page Two
95.043/
94.003
AGENDA MODIFICATIONS .(ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
5. ANNOUNCEMENTS
The City Manager reported that the Fleming Street
Bridge should be open by the weekend; announced that
on Saturday March 4th certain areas of the City water
system will be without water due to relocation of
water mains for installation of stormwater for the
twin pairs between 9:30 a.m. and 2:30 p.m.
6. WORKSHOP ITEMS
Eguity Study commission Recommendations for
Occupational License Fees - Direct Attorney to
Draft Ordinance (City Clerk Transmittal ~ated
2/22/95, Final Report.
Equity Study Commission Chairman, Carl Fischer,
named commission members Rod Reed, Charles Neuberger,
and Tom Cecrle. He then gave a brief explanation of
the Commission's duties.
Discussion took place on the need for a city
occupational license.
A lengthy discussion took place. Equity Study
Commission members Carl Fischer and Tom Cecrle, and
secretary Linda Galley responded to questions from
City Council.
Mr. Oberbeck questioned the increase in proposed
revenues from current revenues. He suggested that
the difference in revenues be divided by the number
of license holders to reduce individual fees.
Mr. Freeland and Vice Mayor Corum inquired about the
fee for storage warehouse rentals.
The City Clerk and City Attorney briefly explained
state law relative to occupational licenses.
2
~ city Council Workshop
March/l, 1995
Page Three
MOTION by Corum/Damp
I make a motion to accept the study.
Mr. Oberbeck thanked the Commission members for their
time spent on this study.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - nay
Mayor Firtion - aye
MOTION CARRIED 4-1 (Oberbeck - nay)
The City Clerk also commended the Commission for
their efforts.
95.044
B. Discuss Fourth of July Committee (No Backup)
The City Manager explained that spending public funds
for public purpose must have accountability,
suggested either 1) a committee with a City Council
member and staff member participation could be formed
and have finances flow through the city's books or
the City could contract with a private entity.
TAPE I - SIDE II (7:48 p.m.)
A lengthy discussion took place relative to the pros
and cons of a city committee versus contract.
Mayor Firtion requested that the City Manager contact
the Chamber of Commerce to ascertain if they are
interested. City Council concurred.
7. CITY COUNCI~ MATTERS
A. M_D_vor Arthur Firtion
Mayor Firtion urged people to vote in the general
election.
B. Vice-Mayor Carolyn Corum
Vice Mayor Corum reiterated concern expressed in a
letter from a resident of George Street regarding
traffic problems.
City Council Workshop
March 1, 1995
Page Four I
C. Mrs. ~ Damp
None.
D. Mr. ~ F.reeland
Mr. Freeland urged people to vote and attend
candidate forums.
E. Mr, F.rank Oberbeck
Mr. Oberbeck inquired about the ISS contract;
requested language relative to accessory buildings;
requested amendment to application fees for special
use permits; and requested a definition of "temporary"
in the case of permits and suggested time certain.
8. CITY ATTORNEY MATTERS
None.
9. CITY MANAGER MATTERS
The City Manager requested names for the Citizens
Advisory Task Force from Council members who
previously gave names of members of the Planning and
Zoning Commission.
Mr. Oberbeck recommended that certificates of
occupancy be signed off by the contractor prior to
issuance.
The City Manager said he would discuss this with the
City Attorney.
10.
Being no further business, Mayor Firtion adjourned
the workshop at 8:20 p.m.
Approved at the
, 1995, City Council
Meeting.
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
City of Sebastian
1225 MAIN ST. REET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE 589-5330[]FAX
(407)
(407)
589-5570
AGENDA TRANSMITTAL
SUBJECT: Bank Financing and
Required Bank Accounts - Water
Line Assessment
Approval For Submittal By:
City Manager (~//~
)
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AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: '03[~2/95
For Agenda Of: 03/08/9 5
Exhibits: Letter W/Amortization
Barnett Bank dated 12/21/94
Letter/W Amortization - Indian
River National dated 02/23/95
Letter/W Amortization - Sun Bank/
Treasure Coast dated 02/16/95
Resolution R-95-11
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The usual payment method for construction of a public utility such as the water main is
property assessment and local bank short term financing. We use the short term fmancing
to pay the contractor because the construction time is usually only a few months and the
collection of the installments for the assessment is accomplished only once a year.
We have three responses to the request from the former Finance Director regarding the 10
year maximum borrowing period. We would borrow the money on a draw basis (i.e. obtain
from the bank only the mount necessary to pay the invoice) and pay the bank with the
money received from the assessment program. Separate bank accounts will be required and
are included within the language of the resolution. The three (3) proposals attached provide/
the fmancing information.
RECOMMENDATION
Approve Resolution R-95-11 accepting the interest rate from Indian River National Bank
and authorize the City Manager to enter into a contractual arrangement with Indian River
National Bank.
Barnett Bank of The Treasure Coast
900 East Prima Vista Boulevard
Port St. Lucie, Florida 34952
December 21, 1994
Ms. Marilyn Swichkow
Finance Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Level of Interest up to $750,000.00 for water line assessment
City of Sebastian
Dear Marilyn:
Barnett Bank of the Treasure Coast (the "Bank"), is pleased to inform you of our
interest in your request, to finance the credit facility described below to the City of
Sebastian (the "Borrower") subject to (but not limited to) the following terms and
conditions:
Borrower:
The City of Sebastian ( the "City")
Lender:
Barnett Bank of the Treasure Coast
Amount:
Up to $750,000.00
Facility:
Short Term Line of Credit/Term loan with a lien on a
specific revenue source for repaymem.
Purpose:
To fund the cost for construction of water line
improvements within Municipal Service Benefit Units
(MSBUs).
Closing Date:
On or before March 31, 1995
Ms. Swichkow
City of Sebastian
December 21, 1994
Page 2
Collateral:
Terms:
Estimated
Interest Rate:
1)
2)
3)
The Facility will be secured with the following:
® City will deliver a promissory note to the bank in
evidence of its obligation to repay advances under the
facility with a lien on a specific revenue source.
· The city will agree not to pledge these funds to repay
any additional indebmess without the Bank's consent.
· The City shall agree to covenant to budget and
appropriate from any legally available non-ad valorem
revenues that amount necessary to meet debt service
requirements.
The Facility will mature ten years from the date of issue
and may be redeemed any business day at a price of par
plus accrued interest with no prepayment penalty. Interest
is due semi annually or at any time of redemption if
sooner, calculated on a 30 day month, 360-day basis.
Principal shall be due and payable annually from the
origination date of the Note.
At this time these rates are estimated and are subject to
change and will be based on the actual request.
Tax-Exempt Bank .Qualified
Fixed rate option, such rate being fixed at 6.60%.
Floating at 62.24% of Barnett Bank, Inc., Prime Rate,
adjusting day of change. (e.g. 5.29 % today)
Fixed Rate of 6.50% for the first five years, then option
of:
A) The tax-free equivalent of the then current BBi Prime
Rate, adjusting date of change for the second five years.
or
B) The tax-free equivalent of the then current BBI Prime
Rate plus 1 1/4 % .fixed for the second five years.
Ms. Swichkow
City of Sebastian
December 21, 1994
Page 3
Commitment Fee:
Closing Costs:
4)
5)
6)
Tax-Exempt Non Bank Qualified
Fixed rate option, such rate being fixed at 7.35%
Floating rate option, such rate being floating at 71.06%
of Barnett Bank, inc., Prime Rate, adjusting day of
change. (e.g.6.04 % today)
Fixed Rate of 7.27% for the fa'st five years, then option
of:
A) The tax-free equivalent of the then currem BBI Prime
Rate, adjusting date of change for the second five years.
or
B) The tax-free equivalem of the then current BBi Prime
Rate plus 1 1/4% fixed for the second five years.
None
All documentation reflecting the Facility shall be
prepared, at the City's expense, by Counsel of
Recognized Standing in Public Finance, acceptable to the
Bank and its counsel. The form and substance of the
facility and all related documents and opinions in
connection therewith shall be subject to the approval of
the Bank and its counsel. The borrower will pay all
closing costs including, but not limited to, the Bank's
reasonable attorney's fee and cost. The estimated cost will
be $750.00 but shall not exceed $1,250.00.
If the Borrower does not close for any reason, the City
will pay within ten (10) days of demand, all expenses
incurred by the Bank, including the Bank's reasonable
attorney fees and expenses and any fee and expenses
incurred by the Bank in collecting these amounts.
Ms. Swichkow
City of Sebastian
December 21, 1994
Page 4
Conditions:
For the purpose of determining reasonable attorney fees,
a rate of $150.00 per hour for legal services shall be
deemed to be reasonable. The City shall be entitled to
receive all time records for legal services rendered by the
Bank's counsel.
The City, by official action, shall cause any
borrowing under this facility to be designated as a
"Qualified Obligation" pursuant to Section 265(b)
(3) (B) Internal Revenue Code of 1986, as
amended.
Should subsequent but currently unforeseen events
cause any borrowing under this facility to be
determined to be a "non-qualified" obligation
pursuant to Section 265 (b) (3) (B), Internal
Revenue Code of 1986, as amended, or in the
event that the interest on any drawing under this
proposed facility is ever determined to be taxable
for purpose of federal or state income taxation, or
in the event that any or all of the interest on any
drawing under this proposed facility is deemed to
be included in the gross income of the Bank for
federal or state income taxation, or in the event
the Bank is unable to deduct any other amounts as
result of purchasing or carrying any borrowings
resultant from the proposed facility, or in the
event of a change in the marginal tax rate
applicable to corporations or the alternative
minimum tax or in the method of ealculatlng the
alternative minimum tax to which the Bank may
be subject, or in the event of any action which
would otherwise decrease the after tax or taxable
equivalent yield to the Bank, the interest rate on
the borrowings shall be increased to the extent
necessary to preserve the Bank's after tax yield,
all pursuant to the formula acceptable to the Bank.
In no event, however,shall the interest rate on this
proposed facility exceed the maximum rate
permitted by law.
Ms. Swichkow
City of Sebastian
December 21, 1994
Page 5
The unqualified, approving legal opinion of
Counsel to the City shall deliver to the Bank at
closing without cost to the Bank and available for
review at least (3) business days prior to closing
any drawing under this proposed facility. The
opinion shall cover tax exemption of interest on
the note, the "Bank Qualified" nature of the issue,
the validity, enforceability and priority of the
Bank's security interests and the obligations, and
such other matters as the Bank may reasonably
request.
All documents shall be reviewed in form and
substance satisfactory to the Bank and its counsel.
If the Bank chooses to waive any covenant,
paragraph, or provision of this proposal, or if any
covenant, paragraph, or provision of this proposal
is construed by a court of competent jurisdiction
to be invalid, it shall not affect the applicability,
validity or enforceability of the remaining
covenants, paragraph or provisions.
This is not a Commitment Letter but rather our best estimate of the Terms and
Conditions as based on the information you have provided. Final approval is subject to
our standard underwriting guidelines.
We are pleased to assist with additional information, if needed. Thank you for you
imerest in financing with Barnett Bank. We look forward to a cominuing mutually
beneficial relationship.
Sincerely,
Barbara Tilton
Vice President
Bartnett Bank Estimate
BBLOAN 1.XLS
A simple amortization table covering 24 payment periods of a loan.
1 ) To use the table, simply change any of the values in the 'inital data" area of the worksheet.
2) To print the table, just choose "Print" from the "File" menu. The print area is already defined.
Initial Data
LOAN DATA
Loan amount:
Annual interest rate:
Term in years:
Payments per year:
First payment due:
PERIODIC PAYMENT
5750,000.00
6.60%
4/1/96
TABLE DATA
Table starts at date: ~4/1/95
or at payment number:
I
Entered payment: The table uses the calculated period/c payment amount
Calculated payment: $104,817.29 unless you enter a value for "Entered payment".
CALCULATIONS
Use payment of: $104,817.29 Beginning balance at payment 0: 801,892.39
1st payment in table: 0 Cumulative interest prior to payment 0: 49,500.00
Table
Payment Beginning Ending Cumulative
No. Date Balance Interest Principal Balance Interest
0 4/1/95 750,000.00 49,500.00 0.00 750,000.00 49,500.00
1 4/1/96 750,000.00 49,500.00 55,317.29 694,682.71 99,000.00
2 4/1/97 694,682.71 45,849.06 58,968.23 . 635,714.49 144,849.06
3 4/1/98 635,714.49 41,957.16 62,860.13 572,854.36 186,806.22
4 4/1/99 572,854.36 37,808.39 67,008.90 505,845.46 224,614.60
5 4/1/00 505,845.46 33,385.80 71,431.49 434,413.97 258,000.40
6 4/1/01 434,413.97 28,671.32 76,145.96 358,268.01 286,671.73
7 4/1/02 358,268.01 23,645.69 81,171.60 277,096.41 310,317.41
8 4/1/03 277,096.41 18,288.36 86,528.92 190,567.49 328,605.78
9 4/1/04 190,567.49 12,577.45 92,239.83 98,327.66 341,183.23
10 4/1/05 98,327.66 6,489.63 98,327.66 0.00 347,672.86
Page 1
VERO BEACH OFFICE
95~, 20TH PLACE
P.O. BOX 1030
VERO BEACH, FLORIDA 32961-1030
(407) 569-9200
SEBASTIAN/ROSELAND OFFICE
13600 U.S. HIGHWAY 1
ROSELAND P LAZ. A
SEBASTIAN, FLORIDA 32958
(407) 388-1200
February 23, 1995
Joel Hanfford, Acting Finance Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: ,~2',gO, O00. O0 LOAN FOR COST TO INDIAN RIVER COUNTY
TO INST,4 IJ'. FA TER ~ TO SERVICE iNDiAN RIVF~R DRIVE.
AND U.S. 1 FROM SOUTH CITY ~ TO NORTH CITY/]MTTS
Dear Mr. Haniford:
Per your request, I am resubmitting our January 3, 1995 proposed rates
and terms for a ten (10) year loan in the above amount. Please note that
the fixed rates have increased by 25 basis points and the cap for the
variable rate increased from 8.00% to 9.00%. I am not including an
estimate of costs for bank legal counsel and review as our counsel will
require more information as to the preparation of documents and the
structure of the collateral pledge and remedies for default before
dete~ mining an estimate.
Also, the bank would reserve the right to require additional collateral
depending on the terms and conditions set forth in the docnments;
particularly with regard to enforcement and remedies in the event of
default (including delinquency) by individual property owners on their
assessments.
The bank would require written acknowledgment from the City of
SebasUan that its total borrowings in 1995 will not equal or exceed
$10,000,000.00
Rate
Year 1:
Year 2-5:
Year 6~10:
5.75% Tax Free Rate
6.25% Tax Free Rate
6.75% Tax Free Rate
The principal will be repaid in annual payments equal to the
assessments paid during that year. Interest will be paid semi-
annually. ~
INDIAN HIVEH NATIONAL BANK
HOMETOWN BANKING A T IT'S BEST
doel Hanlford, City of Sebastian
Page
Variable Rate Pro~:
Loan to float at Wall Street Journal Prime Rate, less 325 basis
points with a floor of 4.00% tax free and a cap of 9.0004 tax free.
The rate will adjust the day following a change in the index.
Repayment will be the same as above.
Indian River National Bank appreciates the opportunity to provide
financial services to the City of Sebastian. If we may be of further service
or ff you have any questions, please call.
This letter is a proposal and not a commitment to provide financing.
Sincerely,
INDIAN RIWER NATION~K
Charles H. Lavin
President
CHL:gc
VERO BEACH OFFICE
958 20TH PLACE
P.O, BOX 1030
VERO BEACH, FLORIDA 32961-1030
(407) 569-9200
N"DIAN~
R~VER
"'~NATIONA L
SEBASTIAN/ROSELAND OFFICE
13600 U.S. HIGHWAY 1
ROSELAND PLAZA
SEBASTIAN, FLORIDA 32958
(407) 388q 200
January 3, 1995
Marflyn P. Swichkow, Finance Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
i Rir: S.75o,~.oo ZOAnr. FOR cost ~ iarD_~.~..R.W~R.COtrar]y
TO I1VSTAI2, IVATJEiR 1.2NE TO SERVICE IA,'D~ ~ DRIVE.
AND U.,S. ]
Dear Ms. Swichkow:
Per your request, I am enclosing proposed rates and terms for ten
1
o)
year loan in the above mount. I am not Including an estimate of costs
for bank legal counsel and review as our counsel will require more
as preparation of documents and the structure of the
trdormaQon
to
the
collateral pledge and remedies for default before determining an estimate,
Also, the bank would resem, e the right to require additional collateral
depending on the terms and conditions set forth in the documents:
particularly with regard to enforcement and remedies in the event of
default (including delinquency) by individual property owners on their
assessments.
The bank would require written acknowledgment from the City of
Sebastian that its total borrowings in 1995 will not equal or exceed
$10,000,000.00
Year 1:
Year 2-5:
Year 6-10:
5.50% Tax Free Rate
6.00% Tax Free Rate
6.50% Tax Free Rate
The principal will be repaid in annual payments equal to the
assessments paid during that year. Interest will be paid semi-
annually.
INDIAN RIVER NATIONAL BANK
HOMETOWN BANKING AT IT'S BEST
Marilyn P. Swlchkow, City of Sebastian
Page2
Loan to float at Wan Street Journal Prime Rate, less 325 basis ·
points with a floor of 4.00% tax free and a cap of 8.00% tax free.
The rate wm adjust the day following a change in the index.
Repayment will be the same as above.
Indian River National Bank appreciates the opportunity to provide
financial services to the City of Sebastian. If we may be of further service
or if you have any questions, please call.
This letter is a proposal and not a commitmetlt to provide financing.
Sincerely.
Charles H. Lavln
President
CHL:gc
IIRNB1 ,XLS
I IRNB Estimate
A simple amortization table covering 24 payment periods of a loan.
1) To use the table, simply change any of the values in the "inital data" area of the worksheet.
2) To print the table, just choose 'Print" from the "File' menu. The print area is already defined.
Initial Data
LOAN DATA
Loan amount:1 $750,000.00
Annual interest rate:16.75%
Term in years:Il0
Payments per year:l 1
First payment due:|4/1/96
PERIODIC PAYMENT
Yr 1: 5.75%
Yr 2-5: 6.25%
Yr 6-10: 6.75%
TABLE DATA
Table starts at date: 14/1/95
I
or at payment number:
Entered payment:
Calculated payment:
CALCULATIONS
$105.552.46
The table uses the calculated periodic payment amount
un/ess you enter a value for 'Entered payment".
Use payment of: $105,552.46
1st payment in table: 0
Table
Beginning balance at payment 0:
Cumulative interest prior to payment 0:
750,000.00
43,125.00
Payment Beginning Ending Cumulative
No. Date .......... ~a. la .nc.e ...... in,ere, st ...... Pr!nc/pal Balance Interest
0 4/1/95 750,000.00 43,125.00 0.00 750,000.00 43,125.00
1 4/1/96 750,000.00 46,875.00 56,236.34 693,763.66 90,000.00
2 4/1/97 693,763.66 43,360.23 59,751.11 634,012.55 133,360.23
3 4/1/98 634,012.55 39,625.78 63,485.55 570,527.00 172,986.01
4 4/1/99 570,527.00 35,657.94 67,453.40 503,073.60 208,643.95
5 4/1/00 · 503,073.60 31,442.10 71,669.24 431,404.36 240,086.05
6 4/1/01 431,404.36 29,119.79 76,432.67 354,971.69 269,205.84
7 4/1/02 354,971.69 23,960.59 81,591.87 273,379.82 293,166.43
8 4/1/03 273,379.82 18,453.14 87,099.32 186,280.50 311,619.57
9 4/1/04 186,280.50 12,573.93 92,978.53 93,301.97 324,193.50
10 4/1/05 93,301.97 6,297.88 93,301.97 0.00 330,491.39
Page 1
~~ SunBank~reasure Coast, N.A.
Indian River County
P,O, Box 1150
Vero Beach, Florida 32961-1150
407 567-7000
February 16, 1995
Mr. Joel Haniford
Acting Finance Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Mr. Haniford:
Confirming our conv~
propose to lend the
fixed rate of 7.30%
It is my understa~dir
the City's water and
the revenue gener
being covered by
Thank you for the
I look forward to
If you have any
Sincerely,
Deena H. Smith
SunTrust Bank
conversation today, Sun Bank/Treasure Coast would
City of Sebastian $750,000 for ten years at a
or 0.71% of Prime on a floating basis.
It is my understanding that the funds will be used for expansion of
sewer system and the repayment would be from
generated from the end users with shortfalls (if any)
covered by the City of Sebastian.
opportunity to again bid on this transaction and
working with you and the City of Sebastian.
questions, please give me a call at 234-7625.
Senior Vice President
SunBank/'rreasure Coast, N.A.
indian River County
P,O, Box 1150
Vero Beach, Florida 32961-1150
407 567-7000
December 13, 1994
Ms. Marilyn Swichkow
Finance Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Marilyn:
Confirming our conversation today, Sun Bank/Treasure Coast would
propose to lend the City of Sebastian $750,000 for ten years at a
fixed rate of 7.24% or 0.74% of Prime on a floating basis.
It is my understanding that the funds will be used for expansion of
the City's water and sewer system and the repayment would be from
the revenue generated from the end users with shortfalls (if any)
being covered by the City of Sebastian.
Thank you for the opportunity to bid on this transaction and I look
forward to working with you and the City of Sebastian.
If you have any questions, please give me a call at 234-7625.
Deena H. Smith
Senior ¥ice President
I
Sun Bank Estimate
AMORTIZE.XLS
A simple amortization table covering 24 payment periods of a loan.
i 1 ) To use the table, simply change any of the values in the "inital data" area of the worksheet.
2) To print the table, just choose "Print" from the "File" menu. The print area is already defined.
Initial Data
ILOAN DATA TABLE DATA
Loan amount:I $750,000.00
Annual interest rate: 17.30%
Term in years:110
Payments per year:11
First payment due: ~4/1/96
PERIODIC PAYMENT
Table starts at date:14/1/95
or at payment number:Il
Entered payment:
Calculated payment:
CALCULATIONS
$108,268.74
The table uses the calculated periodic payment amount
un/ess you enter a value for 'Entered payment".
Use payment of: $108,268.74
1st payment in table: 0
Table
Beginning balance at payment 0:
Cumulative interest prior to payment 0:
799,877.67
54,750.00
~ payment Beginning Ending CumulatiVe
No. Date Balance Interest Principal Balance Interest
0 4/1/95 750,000.00 54,750.00 0.00 750,000.00 54,750.00
1 4/1/96 750,000.00 54,750.00 53,518.74 696,481.26 109,500.00
2 4/1/97 696,487~.~2~6 ~ .5.0~,8~43~.13 57,425.60 639,055.66 160,343.13
3. 4/1/98 639,055.66 46,651.06 61,617.67 577,437.99 206,994.20
4 4/1/99 577,437.99 42,152.97 66,115.76 511,322.23 249,147.17
5 4/1/00 511,322.23 37,326.52 70,942.21 440,380.01 286,473.69
6 4/1/01 440,380.01 32,147.74 76,120.99 364,259.02 318,621.43
7 4/1/02 364,259.02 26,590.91 81,677.83 282,581.19 345,212.34
8 4/1/03 282,581.19 20,628.43 87,640.31 194,940.88 365,840.77
9 4/1/04 194,940.88 14,230.68 94,038.05 100,902.83 380,071.45
10 4/1/05 100,902.83 7,365.91 100,902.83 0.00 387,437.36
Page 1
RESOLUTION NO. R-95,11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING THE NECESSARY REVENUE AND
EXPENDITURE ACCOUNTS FOR THE WATER DISTRIBUTION
ASSESSMENT; APPROVING THE FINANCING AGREEMENT FOR
$750,000; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian and Indian River County have entered into an
"Agreement" that authorizes the Indian River County Utilities to construct a water
transmission system within the City of Sebastian; and
WltEREAS, the City of Sebastian has selected the assessment method for property
owner participation under the provisions of Florida Statutes; and
WHEREAS, the City of Sebastian will need immediate alternative financing for the
project construction; and
WHEREAS, the City of Sebastian Finance Department will require additional bank
accounts for the general fund to record and disburse the bank financing and assessment
revenues,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AUTHORIZATION. The Sebastian City Council hereby authorizes
the City Manager to establish the necessary restricted revenue and expenditure accounts
within the general fund for the revenue generated from the Water Utility Assessment
program and the bank financing construction funds.
SECTION 2. BANK FINANCING. The City Manager is hereby authorized to
execute an agreement for financing the cost of construction of the water distribution lines _.___.
within the Riverfront Project area with for $750,000 short term line of credit/term
loan, subject to the unqualified legal opinion from the City Attorney as to the tax exemption
of interest on the note.
SECTION 3~ CONFLICT.
herewith are hereby repealed.
SECTION 4. EFFECTIVE DATE.
passage.
The foregoing Resolution was
Council_member
follows:
moved for adoption by Council member
The motion was seconded by
and, upon being put to a vote, the vote was as
This Resolution was duly passed and adopted by the City Council of the City of
1995.
Sebastian, Indian River County, Florida, at its regular meeting on the
CITY OF SEBASTIAN, FLORIDA
by:
Arthur L. Firtion, Mayor
ATTEST:
thryn M. O'Halloran, CMC/AAE City Clerk
day of
All Resolutions or parts of Resolutions in conflict
This Resolution shall become effective upon
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corem
Councilmember Norma Damp
Councilmember Robert Freeland
Councilmember Frank Oberbeck
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 580-5570
SUBJECT:
Approval For Submittal By:
City Manager G~'
AGENDA TRANSMITTAL
AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: 02/27/95
For Agenda Of: 03/08/95
Exhibits:
- Resolution R-95-16
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
During the Council Meeting of 2/22/95, the Council was informed of a "glitch" in Resolution
R-95-06 and authorized the amendment. The attached Resolution R-95-16 amends the
appropriate paragraph and requires the applicant to submit the application for final plat
review on or before eighteen (18) months beginning February 8, 1995.
RECOMMENDATION
Approve Resolution R-95-16.
RESOLUTION NO. 95- /~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVIN~ THE PRELIMINARY SUBDIVISION
PLAT FOR AN AREA KNOWN AS VICKERS ~ROVE SUBDIVISION;
PROVIDIN~ CONDITIONS FOR SUCH APPROVAL; PROVIDiN~ AN
EXPIRATION DATE; PROVIDIN~ FOR CONFLICTS; PROVIDIN~ FOR
SEVERABILITY; AND PROVIDIN~ FOR ANEFFECTIVE DATE OF THE
RESOLUTION.
WHEREAS, Henry Fischer and Sons, Inc., on or about December 3,
1993, applied for approval of a preliminary plat for a major
subdivision in the City of Sebastian known as the "Vickers Grove
Subdivision"; and
WHEREAS, the applicant altered the plat as a result of the
City staff's comments on certain utilities matters and resubmitted
the preliminary plat plans on May 16, 1994; and
WHEREAS, the City Council, on May 18, 1994, conducted a public
hearing on the subdivision; and
WHEREAS, the City Council, on February 8, 1995, adopted a
Resolution approving this plat; and
WHEREAS, the applicant has requested that the commencement
date on the plat be altered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. APPROVAL OF' THE PRELIMINARY PLAT. The City
Council hereby approves the preliminary plat under the provisions
of Section 20A-16.4(b) (4) (d) of the Land Development Code of the
City of Sebastian. The preliminary plat is depicted in drawings
dated November 23, 1993, by Randall. Mosby, P.E., titled
"Preliminary Plat for Vickers Grove Subdivision" which has been
filed with the City of Sebastian.
SECTION 2. CONDITIONS: The applicant shall submit complete
construction drawings to the City of Sebastian prior to the
construction of the subdivision improvements and final plat
approval.
~ECTION 3. ADDITIONAL CONDITIONS: The applicant must meet
all of the technical requirements for the Land Development Code of
the city of Sebastian in the submission of the final subdivision
plat and the construction of the subdivision improvements.
SECTION 4. EXPIRATION DATE: The applicant shall complete all
subdivision improvements and make application for final plat
approval within eighteen (18) months of February 8, 1995, or the
revocation of the approval of this preliminary plat may result.
SECTION 5. 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.
SECTION 6. CONFLICTS: This Resolution amends Resolution 95-
06 and all Resolutions or parts thereof in conflict herewith are,
to the extent of such conflict, superseded and repealed.
2
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 Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 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
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] F,~X (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-95-18
Vacation of Easement - Szkolnik
Lot 2, Block 364, Unit 11
Approved for Submittal
City Manager
) Agenda No. ~--' ~ ~ ~"'~ ,0~
)
) Dept. Origin: city Clerk''
)
) Date Submitted: 2/28/95
)
) For Agenda of: 3/8/95
)
) Exhibits: R-95-18
) Application
) Survey
) No Objection Letters
)
)
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
N/A REQUIRED: N/A
SUMMARY STATEMENT
We have received a request for vacation of easement for Lot 2,
Block 364, Sebastian Highlands Unit 11, from Alex Szkolnik. All
utilities and appropriate City departments have been notified and
have no objections. Their letters are included in your packet.
RECOMMENDED ACTION
Adopt Resolution No. R-95-18.
RESOLUTION NO. R-95-18
~ RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
DISCONTINUING THE NORTH THREE FEET OF THE SOUTH TWENTY
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT
BLOCK 364, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI ?-56A, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. VACATION OF EASEMENT. The City of Sebastian,
Indian River County, Florida, does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The North three feet of the South twenty foot Public
Utility and Drainage Easement of Lot 2, Block 364,
Sebastian Highlands Unit 11, according to the plat
thereof, recorded in PBI 7-56A, of the Public Records of
Indian River County, Florida.
Section 2. REPEAL. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
~ection 3.. RECORDING. This resolution shall be recorded in
the public records of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall be in
full force and effect immediately upon its passage.
The foregoing Resolution was moved for adoption by
Councilmember . The motion was seconded by
Councilmember and, upon being put to a vote, the
te
was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Francis J. Oberbeck
Councilmember Norma J. Damp
Councilmember Robert J. Freeland
City
The foregoing Resolution was duly passed and adopted by the
Council of Sebastian, Florida, this day of
, 19 ·
CiTY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in Indian River County, Florida, to
take acknowledgements, personally appeared Arthu_~r L, Firtion
and KathrYn M. O'Hal~oran known to me to be Mayor and City
Clerk respectively, and neither of them took an oath.
WITNESS my hand and seal in Indian River County, Florida, the
day of , 19
Linda M. Galley
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
Clifton A. McClelland, Jr., CitY Attorney
CITY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed tn full)
· ;~;PHON; NO.~;p..~z. ~/~/ ~P; OF ;N~Z~:·
· Individu~l, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS=
(Attach descriptIo~ on atta'~ent '~f necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED=
(This item to be filled in by Building Official)
TYPE OF EASEMENT~
APPROXIMATE SIZE OF EASEMENT:~feet in length ~ win width
PURPOSE FOR REOUEST TO
(Explain in detail your need to release this easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this request to vacate by the owner of the res1
property.
Signad:(t~ie, if'anY) Date '
Corporate seal
'Please Print Name Here
Attach hereto the following:
( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW Tile EASEMENT CLEARLY ON DRAWINO.
( ) 2.
(N/A)
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for the description.
( ) 3.
(N/A)
Written authorization of the owner of the parcel of land
on which the easement exists If the applicant is not the
owner.
( ) 4.
( N/A )
IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATEb, ATTACH A DEED
OF EASEMENT TO ACCOMPLISi! THE DEDICATION OF THE NEW EASEMENT.
( ) 5.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of the City Clerk. This application fee ts not
refundable. The fee is 825.00.
Nap No. 120blOO90E, Panel
.eted Hay 6, 19B9, this
in Flood gone AE-BFE 11.5 Feet
~EAS~E (U. ~. ~U~YEY
tlOA LAN lt. A.C, elel?-I.~l?l) Tflll I~V~Y II BALED ~
THE 8~Y[YOfl NAS NOT LOCATEO ANY ~nO~ UTILITIES
;H HAY EHCflOACH,
~ A~_BFIO~N WAG PflOYl~O 9Y CCIENIA~A9 BELlY[nED ~Y
BLOCK
, ~.~c~C,,t'~ M,~ ~__~.. ~_~.~.~. ~ ~ TYPE . dOB I-c
:hpA~r~ SlOlT-8. FitPl~l AOIIfllIIPIIIvi'Cl~I. pvrlulnt to '
~l~..~the~.t~t.qep p~lwlen 'et thi~rvsyer l, I R~I I fl A gll I /11 kAflM gVRIG/ I tim
~~--G~:: - I ~ 1400 Pill e.r no,d.& E. P~t, Ol~.rl~rldl 3~g05
City of SebaStian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
February 15, 1995
Jerry Thomas
Assistant Public Works Director
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the North three (3) feet of the South twenty (20)
foot Public Utility and Drainage Easement of Lot 2, Block 364,
Sebastain Highlands Unit 11. A copy of the survey is attached
for your information.
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
Kathryn ~M. O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
(\w$-form/aban-let)
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 I::] FAX (407) 589-5570
February 15, 1995
Richard Votapka
Sebastian Utilities
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the North three (3) feet of the South twenty (20)
foot Public Utility and Drainage Easement of Lot 2, Block 364,
Sebastain Highlands Unit 11. A copy of the survey is attached
for your information.
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
."~Ost. lt '" brand fax transmittal memo 7671
CitF o.f Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 569-5330 ~ FAX (407) 589-5570
February 15, 1995
Jim Kiernan
Southern Bell Telephone
3300 Ok~ohob~ Road
Ft. Pierce, Florida 34947
Dear Sir:
!inc~ely yours, I
gathryn M. O'Halloran, CMC/AAE I
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
~67ZZO7 I
I
I
The City of Sebastian has been requested to grant approval for an
abandonment of the North three (3) feet of the South twenty (20)
foot Public Utility and Drainage Easement of Lot 2, Block 364,
Sebastain ~ighlands Unit 11. A copy of ~he survey is attached
for your information.
In compliance with City of Sebastian Ordinance ~0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at ~89-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
I ' 'City
i
Sebastian, Florida 32958
Abandonment of Easement - Lot 2, Block 364, Unit 11
Dear Ms. O'Halloran,
Falcon Cable TV has no objections to the abandonment of easement
at the referenced location.
erely, /~
Ken V~al
Falcon Cable TV
Manager
FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407) 589-3846
City o~ Sebastian
TELEPHONE (~ ~g-~30 ~ F~ (40.) S89-~70 '~
Dsar S~r:
The C~=y of Sebastian' has been 'requested =c gran= approval for
foo~ Public Utility and Drainage Ea;eme~ cf Lot 2, Block 364,
got your ingor.~on. . ,
In complian=e wzth City.of Sebaetz~ 0rd~nance ~0-36-4, =une 14,
1976, you mus= respond In ~i=ing within fifteen days.
.
Should you have any questions concerning =h~s ma=ret, please
con=act my off~ue a= 589-5330 be=ween =he hours of 8:00 A.~.
Slncevely yours,
City Clerk
(%ws-form/a~n-let)
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-95-19
Vacation of Easement - Ancanfora
Lot 7, Block 339, Unit 13
Approved for Submittal By:
city Manager
Agenda No.
Dept. Origin:
Date Submitted:
For Agenda of:
Exhibits:
~ Clerk~'0'~
3/8/95
R-95-19
Application
Survey
No objection Letters
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
N/A N/A N/A
SUMMARY STATEMENT
We have received a request for vacation of easement for Lot 7,
Block 339, Sebastian Highlands Unit 13, from Joseph Ancanfora. All
utilities and appropriate city departments have been notified and
have no objections. Their letters are included in your packet.
RECOMMENDED ACTION
Adopt Resolution No. R-95-19.
RESOLUTION NO. R-95-19
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH EIGHT FEET OF THE SOUTH TWENTY
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT ?,
BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI ?-S2F, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section .1-. VACATION OF EASEMENT. The city of Sebastian,
Indian River County, Florida, does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The North eight feet of the South twenty foot Public
Utility and Drainage Easement of Lot 7, Block 339,
Sebastian Highlands Unit 13, according to the plat
thereof, recorded in PBI 7-82F, of the Public Records of
Indian River County, Florida.
Section 2. REPEAL. Ail resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in
the public records of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall be in
full force and effect immediately upon its passage.
The foregoing Resolution was moved for adoption by
Councilmember
Councilmember
vote
was as follows:
The motion was seconded by
and, upon being put to a vote, the
City
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Francis J. Oberbeck
Councilmember Norma J. Damp
Councilmember Robert J. Freeland
The foregoing Resolution was duly passed and adopted by the
Council of Sebastian, Florida, this day of
, 19 .
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in Indian River County, Florida, to
take acknowledgements, personally appeared Arthur L, Firtion
and KathrYn M. O'Halloran known to me to be Mayor and City
Clerk respectively, and neither of them'took an oath.
WITNESS my hand and seal in Indian River County, Florida, the
day of , 19 .
Linda M. Galley
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and Content:
clifton A. McClelland, Jr., City Attorney
CItY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This ~fShall no be accepted unless completed in full)
TELEPHONE NO..~,~}'-' ~~.OC~ TYPE OF ENTITY:*
*~ndividual, corp°~at~o'no etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WIIICH EASEMENT EXISTS:
/
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item %o be filled in by Building Official)
~ ..... ~J .... ~ ~.'~ I.~.
TYPE OF EASEMENT: ~,~T~ ~ ~,~ ~%~ ~
APPNOXIMATE SIZE OF EASEMENT: ~ feet in length ~ in width
PURPOSE FOR REQUEST TO VACATE: ~ ~' ~= ~ ~T
(Explain in de'ail your need ~ ~i'~ase this easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this reguest to vacate by the owner of the' real
property.
~gn~d~(ti~ie;$if any) Date'
~c 5~ ~ A~c~o~ Corporate seal
Please Print Name Here
At~ hereto the following:
(~ 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land On which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
( ) 2. Complete legal description of the parcel of land on which
(N/A) the easement exists if the full description cannot be
placed on the lines provided above for the description.
( ) ~. Written authorization of the owner of the parcel of land
(N/A) on which the easement exists if the applicant is not the
owDer.
( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
(N/A) REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLIS~ THE DEDICATION OF THE NEW EASEMENT.
(.) 5. Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of th, City Clerk. This application fee is not' ~¢~t, ~,~
refundable. The fee is $25.00.
( ) 6. OT~ER: /~
.....
ftXe~ ~ban.app ~
LAND
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589~5570
February 15, 1995
Jerry Thomas
Assistant Public Works Director
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the North eight (8) feet of the South twenty (20)
foot Public Utility and Drainage Easement of Lot 7, Block 339,
Sebastain Highlands Unit 13. A copy of the survey is attached
for your information.
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
S i.~ly yours,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
\ws-form/aban-let)
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
February 15, 1995
Richard Votapka
Sebastian Utilities
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the North eight (8) feet of the South twenty (20)
foot Public Utility and Drainage Easement of Lot 7, Block 339,
Sebastain Highlands Unit 13. A copy of the survey is attached
for your information.
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
athryn ~. O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
FEB 27 '95 04:32PM CITY OF Si~BRSTIAN, P'~ '
February 15, 1995
3.L1a Kiernan I
Southern Bell Telephone
3300 Okeechobee Road
Ft.
Pierce,
FlOrida
34947
Dear Sir:
The city of Seba~ia~ has been requested ~O grant approval for ~ I
abandonm?~.t of ~e No~ eight (8) fee: o~ ~he Sou~h twon~ (20)
8e~ain HighlaAds ~i= 13, A Oopy of ~e sudsy is attached ~
~or yo~ info~a:ion.
In complianoe wl~h Cl~y o~ Sebas=ian Ordinance #0-75-4, JUlte 14,
1976, yOU ~Ust respond in wrl~lnq vi~ln £1f~een ~eys. I
Should you have any questions concern~nq ~ls mac,er, please
oontaa= my of£ice a~ ~89 5330 between ~he hours of ~:00 A.M. ~
and 4~30 P.M.
Cl~y Cler~
Attachment
I
I
City of ,Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
February 15, 1995
Richard Votapka
Sebastian Utilities
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for an
abandonment of the North eight (8) feet of the South twenty (20)
foot Public Utility and Drainage Easement of Lot 7, Block 339,
Sebastain Highlands Unit 13. A copy of the survey is attached
for your information.
In compliance with City of Sebastian Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days.
Should you have any questions concerning this matter, please
contact my office at 589-5330 between the hours of 8:00 A.M.
and 4:30 P.M.
Sincerely yours,
Kathryn N. O'Halloran,
CMC/AAE
City Clerk
KOH:lmg
Attachment
(\ws-form/aban-let)
'
Sou~ern Bell Telephone
3300 Okee~obee Road
F~. Pierce, FZorida 34947
~ P~blLc U~li~y ~ ~aL~ige ~l~en~ of ~t ~, Block 339,
for yo~ ~fo~a~ion. .
oonta~ my office aC ~89-5330 be~vien ~e hours of 8.00 A.M.
and 4~30
Cl=y Clerk
A=C&~hmenC
(
I February 21, 1995
Ns. Kathryn N. O'HaZloran, C±ty Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: ~andonmen~ of. Ea.seme~t- Lot 7, .Block 339,~ Unit 13
Dear Ms. O'Halloran,
Falcon Cable TV has no objections to the abandonment of easement
at the referenced location.
Sinc~erely, /~
Ke~n ~nal Manager
Falcon Cable TV
FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407) 589-3846
City of Sebast. ian [
1225 MA~N STREET ~ 8EBA~, FLORIDA ~
TELEPHONE (40~ ~9-~30 ~ FAX (~ ~~ ~
.I
, 1995 ~
February iS ~
Cheryl Swan
F.P. & L.
P.O. Box 1967
Pa~ City, Florida 34990 ~
abandonment of the North eight (8) feet of ~he South twenty (20)
foot l~/blic U=ility and Drainage Easement of Lot ?, Block 339,
Sebastaln Highlands Unit 13. A copy of the survey is attached
for your information.
In compliance wi=h City of sebastian Ordinance ~0-76-4, June 14,
1976, you must respond in wri=ing within fifteen days.
Should you have any questions concerning this matter, please
con,act my office &~ 589-5330 be~wee~ ~he hours of 8;00 A.M.
and 4:30 P.~. ·
Kathryn H. O'Hailoran, CMC/AAE
Clerk
KOH=img
(\ws-£orm/aban-le~)
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
I SUBJECT: Residential Refuse )
Collection Services Franchise )
)
Approval For Submittal By: )
)
I City Manager (~(---~ )
)
)
)
I EXPENDITURE AMOUNT
AGENDA NO. q~. ~/~/7
Dept. Origin: CM
Joel L. Koford
Date Submitted: 02/28/95
For Agenda Of: 03/08/95
Exhibits: Proposal Form
Clarifications and Exceptions/
Capital Sanitation
Proposed Ordinance
APPROPRIATION
i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The current Residential Refuse Collection Services franchise will expire the end of this
month. This franchise is currently held by St. Lucie Waste Services, Inc. (also known as
Browning-Ferris industries (BFI)) and was granted by the City on March 25, 1992, for three
(3) years. The effective date of the new franchise would be April 1, 1995, with the award
date of March 8, 1995.
Sealed proposals for the purpose of awarding a franchise for Residential Refuse Collection
Service were opened on Friday, February 17, 1995, and the following reflects the bid
response:
NAME & ADDRESS
Capital Sanitation
1516 C-3 Capital Circle
Tallahassee, FL
Browning-Ferris Industries of Fla., Inc.
3898 Selvitz Road
Fort Pierce, FL
Kimmins Recycling Corporation
1501 Second Avenue
Tampa, FL
Harris Sanitation, Inc.
1700 27th Street
Vero Beach, FL
Treasure Coast Refuse Corp.
86 SE 1 lth Street
Vero Beach, FL
RATE
$5.90 Per month for gu'st 12
months.
Submitted financial statement does
not meet the requirement of
Appendix B to Paragraph 9.1 of the
proposal.
Proof of insurance in Corporate
statement form only, (no official
proof from an insurance
underwriter.)
$6.49 per month (plus franchise
fee)
All required forms were included.
$6.75 per month (plus franchise
fee).
All required forms were included.
Proposal contains a requirement
that disposal costs are not the
responsibility of the contractor.
$9.31 per month (plus franchise
fee).
All required forms were included.
$11.51 per month (plus franchise
fee).
All required forms were included.
DISCUSSION:
The bid of $5.90 from Capital Sanitation reflects a low bid. However, the proposal was
amended by Capital Sanitation and clarifies their position that the $5.90 per residential
customer is only valid for the first twelve (12) months. Additionally, a statement indicating
Capital Sanitation would be insured was presented rather than proof of insurance as required
by Appendix "A" to the "Instructions to Proposers". A review of the submitted financial
statements as required by Appendix "B", fails to reveal or indicate that Capital Sanitation has
a history of Residential Refuse Collection Services. The submitted financial documents
reflect a personal financial condition for the owner and his wife, and a copy of a balance
sheet with related statements of income and retained earnings for a corporation rifled R &
R Janitorial Systems, Inc. (copies attached). This company is a Subchapter S under the
Internal Kevenue Code and the financial statement reflects that the corporation was formed
to provide janitorial services under commercial and governmental conu'acts.
The next to low bid price was presented by Browning-Ferris Industries (BFI) which is the
parent company of St. Lucie Waste our current contractor. This bid was $6.49 per residential
customer and the current fee is $6.12 per residential customer, or an increase of 37 cents
(approximately 5 1/2% increase.)
RECOMMENDATION
Award the three year franchise to Browning-Ferris Industries of Ft. Pierce for $6.49 per
residential customer.
Page No.
12
12
PROPOSAL FORM
CLARIFICATIONS AND EXCEPTIONS
COMPANY N,,~vIE
C.~PITAL SA/XrITATION
Para No.
A
Section 10
Section 10
Exulanation
Capital Sanitation received confirmation from Burlington
Insurance to provide the required coverage as specified in
the Bid Specification. See appendix A in the proposal
attachment.
An current customers receix4ng garbage services will be
invoiced at $5.90 per month the first 12 months of the
agreement period. However, over the duration of the
agreement period (3 years) the customer cost shall not
exceed .05 cents. In the event that the City of Sebastian
deems the cost as contractor shall negotiate a cost that w/il
be unreasonable, the contractor shall negotiate a cost that
will be reasonable and fair to the customers.
For all new customers not receixing any garbage collection
services, the contractor will charge an initial start up cost of
$8.75 for the first and only month. All subsequent monthly
services will be at the rate of $5.90 per month.
Proposal did not indicate the monthly rate in section 10 due
to thc circumstance surrounding the contractor monthly cost
plan.
Signature'df ~opoSer
A-4
DESCRIPTION OF INSLrRANCE
Capital Sanitation received confn'mafion form Burlington Insurance to pro'~fide thc required
insurance coverage as specified in Appendgx "A", page A-4 of the proposal document.
Capital Sanitation will provide the fonowing imutance covgage:
4.
5.
6.
7.
General Aggregate $300,000
Product Comprehensive/op aggregate
Personal and adv. injury $300,000
Each Occurrence $300,00
Fire Damage $50,000
Medical Expense $5,000
$500.00
$300,000
deductible for bodily injury and property damage.
~ I
! 'I
! I
! I
I
I
I
I
i
I
I
I
JAMES MOORE & CO.
C£KTIF1ED PUBLIC ACCOUNTANTS
To the Stockholders,
R & R Janitorial Systems, Inc.:
We have compiled the accompanying balance sheet of R & R Janitorial Systems, Inc. as of
December 31, 1994, and the related statements of income and retained earnings, and cash flows for the
year then ended, in accordance with Statements on Standards for Accounting and Review Services
issued by the American Institute of Certified Public Accountants.
A compilation is limited to presenting in the form of financial statements information that is the
representation of management. We have not audited or reviewed the accompanying financial statements
and, accordingly, do not express an opinion or any other form of assurance on them.
Tallahassee, Florida
February 8, 1995
I BALANCE SHEET
DECEMBER 31, 1994
ASSETS'
Current assets
Cash and cash equivalents $ 52,178
Accounts receivable 80,882
Total current assets ~ {33~060
Property and equipment ......
Equipment 40,000
Autos and trucks 47,543
-- 95,504
Furniture and fmmres 7 961
Less: Accumulated depreciation --~
Total property and equipment ' 77,561
Other assets
Utility deposits 250
Total Assets ~' ~
..~IABIL.~. IES AND STOCKHOLDERS'_.EOUITY
Current liabilities
Current portion of long-term debt $ 8,054
Shareholder loans 10,452
Accounts payable and accrued expenses 23.26~
Total current liabilities ~ 41,770
Long-term debt, less current portion .17,24Q
Stockholders' equity
Common stock, par value $1 per share, 500,000 shares
authorized, 1,000 issued and outstanding 1,000
Additional paid-in capital 48,778
Retained earnings 102~083
Total stockholders' equity 15i,861
Total Liabilities and Stockholders' Equity ~' ~
The accompanying notes to financial statements
are an integral part of this statement.
- SEE ACCOUNTANTS' COMPILATION REPORT -
R & R JANITORiAL SYSTEMS, INCI
STATEMENT OF INCOME AND RETAINED EARN~GS
FOR TI~ YEAR ENDED DECEMBER 31, 1994
Sales
Cost of sales, selling, general and
administrative expenses
Contracted services
Advertising
Auto and truck expense
Depreciation
Insurance
Interest
Donations
Office supplies
Professional fees
Rent
Repairs and maintenance
Supplies
Taxes and licenses
Telephone
Utilities
Salaries and wages
Travel
Miscellaneous
Training and education
Uniforms
Total cost of sales, selling, general and
administrative expenses
Net income
Retained earnings, beginning of year
Dividends
Retained earnings, end of year
The accompanying notes to financial statements
are an integral part of this statement.
SEE ACCOUNTANTS' COMPILATION REPORT -
$ 677.097
165,211
1 139
10 325
12 509
37 515
5 669
1 052
651
1,093
6,493
10,811
68,278
21,402
3,875
1,170
202,074
6,685
4,510
2,755
4,264
567,481
109,616
(7,533)
$ 102,083
R & R JANITORIAL SYSTEMS, INC.
STATEMENT. OF CASH FLOWS
FOR THE YEAR ENDED DECEMBER 31, 1994
Increase (Decrease) In Cash and Cash Equivalents
Cash flows from operating activities:
Cash received from customers
Cash paid to suppliers and employees
Interest paid
Net cash provided by operating activities
Cash flows from investing activities:
Purchases of equipment
Receipt of shareholder loam
Net cash used in investing activities
Cash flows from financing activities:
Proceeds from long-term debt
Repayments of long-term debt
Dividends
Net cash used in financing activities
Net increase in cash and cash equivalents
Cash and cash equivalents, beginning of year
Cash and cash equivalents, end of year
Reconciliation of net income to net cash provided by
operating activities: Net income
Adjustments to reconcile net income to net cash
provided by operating activities: Depreciation
Increase in utility deposits
Increase in accounts receivable
Increase in accounts payable and accrued expenses
Total adjustments
Net cash provided by operating activities
The accompanying notes to financial statements
are an integral part of this statement.
- SEE ACCOUNTANTS' COMPILATION REPORT -
$ 615,143
(531,636)
77 838
(44,303)
l0 452
.... (33.851)
5,005
(8,625)
.... (7,5333
(11,153)
32,834
19,344
$ 109,616
12,509
(250)
(61,954)
,!7.917
(31,778)
$ 77 838
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R & R JANITORIAL SYSTEMS, iNC.
NOTES TO FiNANCIAL STATEMENTS
DECEMEER 31, 1994
(1) Significant Accounting Policies:
The following is a summary of the more significant accounting policies R & R Janitorial
Systems, Inc. (the "Company") which affect the financial statements:
(a) General-The Company is a Florida corporation formed to provide janitorial services
under commercial and governmental contracts.
(b) Property and Equipment-Property and equipment is recorded at cost. Depreciation
expense is provided on the straight-line method over the estimated useful lives of the assets
ranging from five to ten years.
(c) Cash and Cash Equivalents-For purposes of reporting cash and cash flows, cash and
cash equivalents include cash on hand, amoums due from banks, and investments with original
maturities of three months or less.
(2) Long-term Debt:
Long-term debt consists of the following:
10.90% note payable to corporation, payable $700
monthly including interest, collateralized by auto
9.00% note payable to bank, payable $230 monthly
including interest, collateralized by truck
$ 23,394
1,900
Total long-term debt 25,294
Less: Current portion ..8,054
Total long-term debt, less current portion $ ..... 17,240,
Maturities of long-term debt for the next five years are as follows:
Year Amount
1995 $ 8,054
1996 6,858
1997 7,644
1998 2,738
1999
;
R & R JANITORIAL SYSTEMS, iNC.
NOTES TO FiNANCIAL STATEMENTS
DECEMBER 31, 1994
(3) In. come,Taxes:
The Company has elected to be taxed under the provisions of Subchapter S of the Internal
Revenue Code. Under those provisions, the Company does not pay Federal corporate income axes on
its taxable income. Instead, the stockholders are liable for individual Federal income taxes on the
Company's taxable income.
(~)
Concentr.ations of Credit Risk:
The more significant concentrations of credit risk are as follows:
The Company has demand and time deposits with a bank at December 31, as follows:
Book Bank
Balance Balance
Checking ~ $75532
The Company has no policy requiring collateral or other security to support its deposits,
although all demand and time deposits with banks are Federally insured up to $100,000 under
FDIC protection.
(b) Accounts Receivable-The Company is engaged in janitorial services under contracts
with state and local governments and private industry located within the Sate of Florida. The
Company has contract receivables as follows:
State and local governments
Private industry
Other receivables
$ 57,127
2,075
The Company has no policy requiring collateral or other security to support its contract
receivables.
PROPOSED FRANCHISE AGREEMENT
ORDINANCE NO. 0-95-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLOR1DA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID
WASTE COLLECTION FRANCHISE TO.
; PROVIDING FOR DEFINITIONS; PROVIDING FOR
A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY
CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO
BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION;
PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING
OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE
FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE;
PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS'
FEES AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council &the City of Sebastian, Florida, has determined that it is in the
best interests &the City to grant a solid waste collection franchise to an independent solid waste
collection service; and
WHEREAS, the City has, through acceptance of public bid proposals, determined that
will provide the required service
in the City of Sebastian for the most cost effective price; and
WHEREAS, the City Council has determined that the best interests of the citizens of City of
Sebastian will be served by granting an exclusive franchise to
for the purpose of solid waste collection services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. GRANTRqG OF FRANCHISE.
, (the "Contractor") is granted the exclusive right, privilege,
and/or franchise to operate upon, over and across the streets, alleys, bridges, and other public
thoroughfares of the City of Sebastian (the "City") for the purpose of collecting, removing and
disposing of solid waste material from residential customers in the City of Sebastian subject to the
terms, conditions and exceptions herein.
Section 2. DEFINITIONS.
A. Residential: the word "residential" shall mean and include all "residential customers,"
consisting of single family homes, multi-family units, individual mobile homes and other living units.
Multi-family units and mobile home parks with centralized collection facilities, i.e., dumpsters, etc.,
and collection containers in excess of three (3) cubic yards are considered commercial service and
not covered under this Agreement.
B, Contractor: the word "contractor" refers to
C. Curbside: the word "curbside" is defined as that portion of the street right-of-way
paralleling any public thoroughfare between the curb line and abutting property line. If a ditch
bisects the property and thoroughfare, the curbside then becomes the roadside of the ditch.
D. Garbage: the word "garbage" shall mean every refuse accumulation of animal, fruit or
vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles,
which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors,
or which, during or a~er decay, may serve as breeding or feeding material for flies or other
germ-carrying insects.
2
E. Garbage Can or Receptacle: the words "garbage can" or "reCeptacle" shall mean a
container of not greater than thirty- five (35) gallon capacity which shall be free of jagged or sharp
edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable
to protect the contents from flies, insects, rats and other animals, fitted with two handles by which
it may be lifted, and which shall not have any inside structure, such as inside bands or reinforcing
angles, or anything within that would prevent the free discharge of the contents. Such "receptacle"
may also be a waterproof bag liner, which can be safely and securely closed, and which is a type
approved by the collector and the city.
F. Hazardous Waste: the words "hazardous waste" shall be defined as hazardous under the
Resource Conservation and Recovery Act, 42 U.S.C. §1002, as amended, or regulated as toxic
under the Toxic Substances Control Act, 15 U.S.C. §2601, as amended, or under regulations
promulgated thereunder or defined as hazardous under the Florida Administrative Code Chapter
17-30 or any other applicable state or local law or regulation.
G. Solid waste: the words "solid waste" shall be a general term which includes the specific
terms garbage, trash, and household junk, but which does not include hazardous waste, industrial
or special waste.
H. Trash: accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf
rakings, palm fronds, small tree branches, (shall not exceed four (4) feet in length and four (4)
inches diameter), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually
created as refuse in the care of lawns and yards.
S.e. ction 3. TERM.
The term of this franchise shall be for a period of three (3) years from the effective date.
Section 4. MANDATORY SERVICE.
Each residential customer within the City shall be provided with solid waste pick-up and
removal services. The residential customer may avail themselves of the available service if desired.
Industrial waste and special waste accounts shall be serviced only upon the execution of individual
agreements between collector and the customer. The collector shall obtain title to conforming solid
waste at the time it is collected.
Section.. ,5. DESCRIPTION OF SERVICES.
5.1 Contractor shall provide exclusive residential solid waste collection services within the
City limits of the City of Sebastian. The contract must include all specified services; no partial or
split service will be permitted. The contractor will be responsible for both the billing and collection
of solid waste fees and has the right to discontinue services to customers for non-payment.
5.2 It is the responsibility of the contractor to become familiar with and to determine the
nature and conditions affecting the collection and disposal of residential solid waste in the City of
Sebastian. The contractor is responsible for determining the impact and complying with the Florida
Solid Waste Management Act.
5.3 The contractor shall provide at his/her own expense, all labor, insurance, supervision,
machinery and equipment, plant building, trucks and any other tools, equipment, accessories and
things necessary to maintain the standard of collections and disposal set forth herein.
5.4 The contractor shall conduct his/her work in such a manner as to avoid damage to
adjacent private or public property and shall operate with due care in the vicinity of such utilities,
and shall immediately repair or have repaired, at no additional cost to the owner, any breakage or
damage caused by its operation. The contractor shall immediately notify the Public Works Director
~ 4
of such damage and shall advise of corrective action taken or to be taken.
5.5 The contractor shall not litter or cause any spoilage to occur upon the premises or the
rights-of-way wherein the collection' shall occur. The contractor may refuse to collect any solid
waste that has not been placed in a garbage can or receptacle as provided herein, and shall provide
the proper notification to the property owner specifying corrective action. During hauling, all solid
waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the
event of any spillage caused by the contractor, the contractor shall promptly clean up all spillage.
5.6 All solid waste shall be hauled to those sites or facilities maintained by the county, or
other approved facilities within Indian River County.
5.7 The additional quantity of refuse generated by the influx of seasonal visitors and
residents will not be a justification for the contractor to fail to maintain the required collection
schedules, routes and levels of services.
5.8 This Franchise Agreement does not create a mandatory trash collection service for all
City residents.
Section 6. RESIDENTIAL COLLECTION SERVICE.
6.1 The contractor shall have the exclusive right to collect and dispose of all solid waste,
except infectious waste, hazardous waste, biohazardous waste, biological waste and sludge, from
all Residential Customers. Residential Customers consist of single family homes, multi-family units,
individual mobile homes and other living units. Multi-family units and Mobile Home Parks with
centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3)
cubic yards are considered commercial service and not covered under this Agreement.
6.2 The contractor shall collect solid waste from places of residence within the contract
collection area at least two (2) times per week, with collections at least three (3) days apart. In
addition to the solid waste collection, yard trash pickups will be made on one specified and
published day per week. All yard trash must be bundled or in reusable containers. Grass clippings
and small branches, etc., must be in biodegradable paper bags or other reusable containers. Yard
trash contained in plastic bags will not be picked up. Yard trash must be separated from all other
refuse. Household furniture need not be containerized and will be picked up with regular trash
collection service. Household appliances will be picked up at no additional charge on a one week
on call basis and must be recycled at the appropriate locations.
6.3 Collection shall begin no earlier than 7:00 a.m., and shall cease no later than 6:00 p.m.,
Monday through Friday. In the case of an emergency, collection may be permitted at times not
allowed by this paragraph, provided the contractor has received prior approval from the City
Manager or his/her designee, to be later evidenced by a written memorandum confirming the
approval. No collection shall occur on Sundays or holidays except in a time of emergency. Special
pickups may be requested by customers at additional cost which shall be billed by the contractor.
6.4 Collections of residential waste shall be at curbside or right-of-way. In the event an
appropriate location cannot be agreed upon, the City Manager shall designate the location. Any
costs associated with identification of contractors customers is to be borne solely by the contractor.
Such identification may be in a form of stickers or other medium ai~xed to the trash receptacles,
etc., or other form of identification but not to exceed 5" X 7" in size.
6.5 The contractor shall be required to pick up all residential refuse which has been properly
prepared and stored for collection. All garbage, ashes, and rubbish shall be placed in a garbage
t can not larger than 35 gallons, or in such other approved receptacle and shall be placed at curbside
or at such other single collection points as may be agreed upon by the contractor and the customer.
6.6 The contractor shall make collections with a minimum of noise and disturbance to the
householder. Any garbage or trash spilled by the contractor shall be picked up immediately.
Garbage cans or receptacles shall be handled carefully by the contractor, shall not be bent or
otherwrise abused, and shall be thoroughly emptied and then left at the proper point of collection.
6.7 The contractor shall collect trash from normal maintenance of vacant lots that are
within the City in the same manner as the collection from residences. It will not be the responsibility
of the Contractor to remove trash resulting fi'om clearing property for building purposes. If it is the
practice of the area residents to place their yard trash or solid waste in the right-of-way of a vacant
lot, that waste shall also be collected in the same manner as the collection from residences.
Section 7. SCItEDULES, ROUTES, STORMS AND ItOLIDAYS.
7.1 The contractor shall provide the City with schedules for all collection routes and keep
such information current at all times. If any change in the collection routes occurs, then the City
shall be mediately notified in writing. The City Manager shall approve all permanent changes in
routes or schedules that alter the day of pick up. Upon approval by the City Manager, the
contractor shall publish in a newspaper of general circulation in Indian River County at least seven
(7) days prior to the effective date of such route or schedule changes. The cost of publication shall
be borne solely by the contractor. In addition the contractor shall be responsible for advertising all
route and collection information in a newspaper of general circulation in Indian River County at
least twice per year, on or about the 1 st of April and the 1 st of October of each year, the cost of
which is to be borne solely by the contractor.
7.2
In case of a storm or l~urricane, the City Manager or his/her designee may grant the
contractor reasonable variance from regular schedules and mutes. As soon as practicable after such
storm, the conuactor shall advise the City Manager and the customer of the estimated time required
before regular schedules and routes can be resumed. In the case of a storm where it is necessary
for the contractor and the City to acquire additional equipment and to hire extra crews to clean the
City of debris and refuse resulting from the storm, the contractor shall be required to work with the
City in all possible ways for the efficient and rapid cleanup of the City. The contractor shall receive
extra compensation above the Contract Agreement for additional labor, overtime, and cost of rental
equipment, provided he has first secured prior written authorization from the City Manager or
his/her designee. The total cost for such service shall be based on rates jointly agreed to in advance
by the City Manager or his/her designee and the contractor, in the event of such storm or hurricane
emergency, the City reserves the right to assign route or pick-up priorities as deemed necessary by
the City Manager.
7.3 The City agrees to exempt residential collection from the normal collection schedule
on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day and Christmas Day. These holidays will be indicated in the initial
public notice to customers in a local newspaper of general circulation. The contractor will be
excused from trash pickup these days and will not be required to make up the lost pickup day.
7.4 The contractor shall have on hand at all times and in good working order such
equipment as shall permit the contractor to adequately and efficiently perform its contractual duties.
The equipment shall be of the enclosed loader packer type and all equipment shall be kept in good
repair, appearance, and in a sanitary and clean condition at all times.
Seeti..o.n.. 8. OTtIER PROVISIONS.
8.1 The contractor shall comply with all applicable City, State and Federal laws as to
wages, hours, and all other applicable laws relating to the employment or protection of employees,
now and hereafter in effect.
8.2 The contractor is required and hereby agrees by execution of this Franchise Agreement
to pay all employees not less than the federal minimum wage and to abide by other requirements as
established by the Congress of the United States in the Fair Labor Standard Act as amended and
changed from time to time.
8.3 No person shall be denied employment by the contractor for reasons of race, sex,
national origin, creed, age, physical handicap, or religion.
8.4 There will be no changes in rates for the duration of the initial twelve month period.
Adjustments to rates in subsequent years will be supported by changes in the costs of property
taxes, disposal charges and fuel charges. All changes in rates supported by fuel charges will be
limited to charges in a nationally recognized fuel index with 1992 used as a base period. Reductions
in costs must be reflected in any rate changes. All petitions for rate changes must be approved in
advance by the City Council and evidenced by corroborative evidence reviewed and approved by
the City Manager.
8.5 The contractor shall pay the City of Sebastian a gross receipts franchise fee, according
to the schedule set forth in Section 9 of this Ordinance, and agrees all contractor's records will be
available for inspection with reasonable notice and during regular business hours, to support the
franchise fee. This franchise fee will be six percent (6%) of the contractor's gross receipts. The
approved rate as set forth in Section 10 of the Ordinance shall reflect the total rate to the customer
without adjustment for the franchise fee.
8.6 The contractor shall prepare, in accordance with format approved by the City, and
maintain a register on all complaints and indicate the disposition of each complaint. Such record
shall be available for the City to inspect at all times during business hours. Unresolved customer
complaints without valid cause is considered a violation of this Franchise Agreement.
8.7 The contractor shall obtain, at his/her own expense, all permits and licenses required
by law or Ordinance and maintain the same in full force and effect.
8.8 Upon the City's acceptance of this Franchise Agreement, the contractor shall notify the
general public and all residential service customers that the contractor will be providing exclusive
trash pickup services within the City of Sebastian. Contractor shall supply necessary information
to begin service to prospective customers, and shall publish the days of pickup, holidays when no
service will be provided, general rate structure, and general information to provide a smooth
transition from the current service to the new exclusive service. Such notice shall be in a local
newspaper of general circulation in Indian River County, twice prior to beginning services, and in
two consecutive months after service begins.
8.9 A copy of the general liability insurance policy shall be filed with the City Clerk of the
City of Sebastian and proof of premium payments shall be submitted to the Clerk during the term
of this franchise, including any extensions. The general liability policy shall contain liability limits
of not less than $100,000.00 per person and $300,000.00 per occurrence.
8.10 The company will maintain and operate its residential trash collection service in
accordance with the laws of the State of Florida and the rules, regulations, and Franchise
Ordinances as are or may be set forth by the Council from time to time. Failure of the contractor
to promptly and faithfully keep, perform, and abide by each and all of the terms and conditions of
the franchise and rules and regulations as set forth by Council shall constitute a violation of the
Franchise Agreement and may be terminated by the City as specified in the Franchise Agreement.
8.11 Access to Company Records. The City shall have access at all reasonable hours to all
of the Company's contracts, accounting financial, statistical, consumer, and service records relating
to the operation of the Company and to all other records required to be kept by the Company, and
the Company shall file such accounting reports and data with the City when required.
Section 9. PAYMENTS TO CITY.
Beginning with the effective date of this Agreement, pursuant to Section 8.5 of this
Ordinance, the contractor shall pay to the City, within thirty (30) days of each preceding billing
period, an amount equal to six percent (6%) of the contractor's gross receipts for the preceding
Failure to remit the required payment to the City shall be cause for termination of
billing period.
this franchise.
Section 10.
RATE.
The rates charged by the contractor for the services hereunder shall be fair and reasonable
and designed to meet all necessary costs of the service, including a fair, greater return on the net
valuation of its properties devoted under efficient and economical management. The company
agrees that it shall be subject to all authority now or hereafter possessed by the City or any other
regulatory body having competent jurisdiction to affix, adjust, reasonable and compensatory rates.
When this franchise takes effect, the company shall have authority to charge and collect, not to
exceed the following schedule of rates which shall remain effective until changed or modified as
herein provided, to wit:
11
Monthly Garbage Rates: Monthly garbage rates shall be $__ per month, per residential
customer.
Section 11. FORFEITURE.
The failure on the part of the grantee to comply in any substantial respect with any of the
provisions of this Ordinance, shall be grounds for forfeiture of this grant.
Se. ction 12. CONFLICT.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 13. CODIFICATION.
It is the intention of the City Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be
changed to "Section," "Article" or other appropriate designations.
Section 14. SEVERABILiTY.
In the event a court of competent jurisdiction shall hold or determine that any part of this
Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid and unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 15. ATTORNEYS' FEES.
Should it become necessary for the City to initiate legal or other proceedings to enforce the
terms of this Ordinance, the prevailing party shall be entitled to recovery of reasonable costs and
attorneys' fees.
~ EFFECTIVE DATE.
This Ordinance shall become effective immediately upon its adoption.
The contractor, by and through its authorized agent, hereby acknowledges that it has read
all terms, provisions, and conditions as set forth herein. The undersigned further acknowledges that
it is sophisticated in the matters set forth in this contract and has had full opportunity to review, and
seek independent legal advice with regard to all matters set forth herein. Accordingly, the
contractor hereby accepts and agrees to all terms set forth in this Agreement.
By:
The foregoing
Ordinance was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put to a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Councilmember Norman Damp
Councilmember Robert Freeland
Councilmember Frank Oberbeck
The Mayor thereupon declared this Ordinance duly passed and adopted this __
,1995.
day of
CITY OF SEBASTIAN, FLORIDA
By:.
Arthur L. Firtion
Mayor
13
ATTEST:
Kathryn M. O~Ialloran, CMC/AAE
City Clerk
I HEREBY CERTWY 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 ,1995, and that 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 Contem:
14
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute
287.087 hereby certifies that
does:
Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against
employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the
workplace, the business' policy of maintaining a drug-
free workplace, any available drug counseling,
rehabilitation, employee assistance programs and the
penalties that may be imposed upon employees for drug
abuse violations.
Give each employee engaged in providing the commodities
or contractual services that are under bid a copy of the
statement specified in Paragraph 1.
In the statement specified in Paragraph 1, notify the
employees that, as a condition of working on the
commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of
guilty or nolo contendere to any violation of Chapter
1893 or of any controlled substance law of the United
States or any state, for a violation occurring in the
workplace no later than five (5) days after such
conviction.
Sa
Impose a sanction on,
participation in a
rehabilitation program
employee's community,
convicted.
or require the satisfactory
drug abuse assistance or
if such is available in the
by any employee who is so
Make a good faith effort to continue to maintain a drug-
free workplace through implementation of Paragraph 1
through 5.
As the person authorized to sign this statement, I certify
that this firm complies fully with the above requirements.
Date:
Bidder's Signature
PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response to this
invitation or a contract, must execute the enclosed form PUR. 7069,
sworn statement under section 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC
ENTITY CRIMES, including proper check(s), in the space(s) provided, and
enclose it with his quote, bid, or proposal. If you are submitting a
quote, bid or proposal on behalf of dealers or suppliers who will ship
commodities and receive payment from the resulting contract, it is your
responsibility to see that copy(ies) of the form are executed by them
and are included with your quote, bid, or proposal. Corrections to the
form will not be allowed after the quote, bid, or proposal opening time
and date. Failure to complete this form in every detail and submit it
with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating
Sections 287.132 - 133, Florida Statutes, effective July 1, 1989.
Section 287.132(3)(d), Florida Statutes, requires the Florida Department
of General Services to maintain and make available to other political
entities a "convicted vendor" list consisting of persons and affiliates
who are disqualified from public contracting and purchasing process
because they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as a
violation of any State or Federal law by a person with respect to and
directly related to the transaction of business with any public entity
in Florida or with an agency or political subdivision of any other state
or with the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or
with an agency or political subdivision and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
By law no public entity shall accept any bid from, award any
contract to, or transact any business in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two
(currently $10,000) with any person or affiliate on the convicted vendor
list for a period of 36 months from the date that person or affiliate
was placed on the convicted vendor list unless that person or affiliate
has been removed from the list pursuant to Section 257.133(3) (f),
Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into a
· contract (formal contract or purchase order) in excess of the threshold
amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN,
a person shall file a sworn statement with the contracting officer or
Purchasing Director, as applicable. The attached statement or affidavit
will be the form to be utilized and must be properly signed in the
presence of a notary public or other officer authorized to administer
oaths and properly executed.
THE INCLUSION OF TWR SWORN STATEMENT OR AFFIDAVIT SHALL B~
SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON-INCLUSION
OF~THTS. DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or
Contract No. for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by
.(name of
entity submitting sworn statement) whose business address is
and
(if applicable) its Federal Employer Identification (FEIN) is
(If the entity has no FEIN, include the
Social Security Number of the individual signing this sworn
statement: .)
My name is (please
print name of individual signing) and my relationship to the
entity named above is
I understand that a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a violation
of any state or federal law by a person with respect to and
directly related to the transaction of business with any
public entity or with an agency or political subdivision of
any other state or with the United States, including, but not
limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political
subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, means a finding of
guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state
trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of
a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
I understand that an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a
public entity crime; or
(2) An entity under the control of any natural person who is
active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,~--~
shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when
not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime
in Florida during the preceding 36 months shall be considered
an affiliate.
I understand that a "person" as defined in Paragraph
287.133(1) (e), Florida Statutes, means any natural person or
entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract
and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with
a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have
marked below is true in relation to the entity submitting this
sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor
any officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of
the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or
more of the officers, directors, executives, partners,
shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (Please indicate which
additional statement applies.)
There has been a proceeding concerning the
conviction before a hearing officer of the State of
Florida, Division of Administrative Hearings. The final
order entered by the hearing officer did not place the
person or affiliate on the convicted vendor list.
(Please attach a copy of the final order.)
The person or affiliate was placed on the convicted
vendor list. There has been a subsequent proceeding
before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order
entered by the hearing officer determined that it was in
the public interest to remove the person or affiliate
from the convicted vendo~ list.
the final order. )
(Please attach a copy of
The person or affiliate has not been placed on the
convicted vendor list. (Please describe any action taken
by or pending with the Department of General Services.)
Date:
(Signature)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of ~, 1993 by ,
(title) on behalf of
(name of partnership), a partnership. He/she is personally known
to me or has produced as identification and
did ( ) did not ( ) take an oath.
Name:
My Commission Expires:
Commission Number:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
City Clerk Computer Software
Upgrade - Bid Waiver - AT&T
Global Information
APPROVED FOR SUBMITTAL BY:
City Manager: ~
Agenda No.
Dept. Origin City .c.l.er~'~'/
Date Submitted ~
For Agenda Of 3[8[95
Exhibits: Proposal
EXPENDITURE
REQUIRED: $2,769
AMOUNT
BUDGETED: $8,000
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
AT&T Global Information Solutions (formerly NCR), has submitted a
proposal for upgrade of the City clerk's Office computer system
to include Microsoft Windows v3.11, Wordperfect v6.1 for Windows,
and memory upgrade required to meet Wordperfect v6.1 hardware
requirements for five networked workstations at a cost of
$2,769.00.
Due to the expertise of representatives of the firm, with whom we
have worked for the past eight years, we have been able to expand
as the City's needs arise and have not had computer failure since
addition of three UPS's in 1989 which were installed at their
suggestion. Any questions or problems that have arisen have been
addressed and resolved in less than a day.
RECOMMENDED ACTION
Move to waive bidding procedures, and approve the computer
upgrade for the City Clerks office by AT&T Global Information
Solutions of Boca Raton in the amount of $2,769.00.
Citv of Seb&~tian Fnom: 8ob HoupJnQ/AT&T-GI$ Z-Zi-~ 1:8§pm p. Z of Z
WordProcessing Upgrade
Submitted to: City of Sebastian
Submitted by: AT&T Global Information Solutions / Boca Raton
WordProcessing Upgrade
Microsoft Windows v3.11
Microsoft Windows v3.11 multi lioense pack
(1) license at $136.00 + (4) at $122.00 =
Word Perfect v6.1
$624.00
Word Perfect for Windows Corn petitive U pg rade I
(5) licenses at $99.00 = $495.00
i
Workstation Memory Upgrade
Increase workstation RAM from 4Mb to 8Mb
to meet WordPerfect system requirements
(5) Workstations ~ $195.00 =
$975.00
Installation and Configuration
1 hour per user
(5) Hours at $135.00 =
$675.00
Total for (5) Users
$ 2,769.00
Page
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
March 1, 1995
All Department Heads
Joel Haniford, Acting Finance Direc.~_~/~
Personal Computer Software System
As discussed at the last Staff Meeting, we are required to purchase the software in use
on our desktop computers.
When I read the memo from Wendy on computer software training, I decided to get
price quotes on the various software packages. They are as follows:
OFFICE BEST BUY COMPUTER
DEPOT CITY
*Microsoft Office 4.2 $459.99 $479.87 .....
Microsoft Office 4.3 ......... $599.96
Lotus 1-2-3 5.0 $299.99 $319.87 $390.00
Word Perfect 6.1 $259.99 N/A $250.00
Harvard Graphics N/A N/A $349.00
We can discuss this at the next staff meeting. As a note: Any training received on
Lotus & Wordperfect is not lost if MS Office is purchased - they are compatible.
*Microsoft Office 4.2 includes: Excel (similar to Lotus); Word (similar to Word Perfect) &
Powerpoint (similar to Harvard Graphics).
/sg
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: Bid Waiver Street
improvement program.
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
ENG/PW
02-28-95
03-08-95
Exhibits: Indian River County
Commodities Contract award
EXPENDITURE
REQUIRED: $7,270.
AMOUNT APPROPRIATION
BUDGETED: $100,000 REQUIRED: 0
SUMMARY STATEMENT
We are requesting a bid waiver be awarded to Dickerson of Florida
for the paving of Pine Street. Dickerson is the Indian River County
Commodities Contract supplier for asphalt overlay for fiscal 94/95
and the price for asphalt per ton when ordering 100 to 499 tons is
$36.35 per ton. We estimate the tonage for Pine Street to be
approximately 200 tons for a total price of $7,270. Please keep in
mind that it could be more or less depending on actual tonage used.
RECOMMENDED ACTION
Move to approve the bid waiver for the paving of Pine Street to
Dickerson Florida Inc for approximately $7,270.
~:~'~NDIAN' RIVER COUN'
PURCHASING DIVISION IN~VITATI?N T,O BID
~' 2625 19th Ave. · Veto eeach FL 32960 · 1407) 567-8000 exl. 416
sueMISSION iNFORMA,I'ION,~
-- SUU7
IN~,. ~1'ION /t: 09/07/94
e,o OPEN,,,~ .DbT6: p.M. LOCAL
T~5:
L~ATI~: INDIAN RIVER COU~ PURCHASING
2625 19TH AVENUE
/ " 'VENDOR iNF~)RMATIOI~' " / V~.FIU
bel is
please make DICKERSON FLORIDA INC
correclions-necessan/ P.O. BOX 719 ..............
o,,e~se. STUART, FL 34995 iSSuANCE O.~TE: 08 / 23 / 94
e,',,er ~u, REOUlSrnON *: PURL- 5-12653
name a,~ aU*ER: IRENE CASTER
a,d,ess.
ITEM CLASS-ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION
kNNUAL BID TO ESTABLISH FiRM FIXED
PRICES FOR THE PERIOD OCTOBER 1, 1994
THROUGH SEPTEMBER 30, 1995 FOR THE
FOLLOWING MATERIALS AND/OR SERVICES ON
AN AS NEEDED BASIS. INDIAN RIVER COUNTY
WILL NOT BE BOUND BY ANY EXACT
QUANTITIES ON THIS BID. THE QUANTITIES
ARE ESTIMATED AND MAY INCREASE OR
DECREASE DEPENDING ON THE NEEDS OF T~E
COUNTY ·
ANNUAL BID MAY BE RENEWED FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS SUBJECT
TO VENDOR ACCEPTANCE, SATISFACTORY
PERFORMANCE, AND DETERMINATION THAT
RENEWAL WILL BE IN THE-BEST INTEREST OF
THE THE COUNTY. NOTIFICATION OF INTENT
TO RENEW WILL BE MAILED SIXTY (60)
CALENDAR DAYS IN ADVANCE OF EXPIRATION
DATE OF THIS AWARD.
1 FURNISH TYPE S-3 ASPHALT CONCRETE 5000 TONS $
INCLUDING HAULING AND SPREADING BY AN
APPROVED MECHANICAL SPREADER. FOR
PROJECTS REQUIRING 499 TONS OR MORE PER
MOBILIZATION. ESTIMATED QUANTITIES:
5,000 TONS.
2 FURNISH TYPE S-3 ASPHALT CONCRETE 5000 TONS $ ,..?.~ $_L~/
INCLUDING HAULING AND SPREADING BY AN
APPROVED MECHANICAL SPREADER. FOR
PROJECTS REQUIRING 100 TONS TO 499 TONS
PER MOBILIZATION. ESTIMATED QUANTITIES:
5,000 TONS.
3 FURNISH TYPE S-3 ASPHALT CONCRETE 700 TONS $ ~t'~..'~D" $
INCLUDING HAULING AND SPREADING BY AN .....
,,APPROVEb M .E.C~Ni,~ALT~[~]~:~.~. ]~..0~ ~i~.,,.eECOMPLY-TED 'i'N FULl'- AND SIGNED V .........
DELIVERY: / O calendar days alter receipt of order. PROMPT PAYMENT DISCOUNT:
·
The undersigned hereby cerlifies that they have read and understand the contents of this solicitation and agree to furnish at the prices show~I
or all ~..4he,~tems above, sul: ect to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions
~--it o~hthi shall not b~ ause to alter any, resultj/~g contract or request additional compensation.
~gnature: ~' ~~ L~ Company Name:
Tyoed/PrintedName:~ ~-~ ~' ~~ Date;
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM L.I. TREE SERVICE FOR WALTER
SMITH (HOMEOWNER)
Approved For Submittal By:
City Manager ~
Agenda Number:
Dept. Origin: Community Development
(BC)~
Date Submitted: 2/17/95
For.Agenda Of:
3/8/95
Exhibits: Tree removal application
and plot plan.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of
May 22, 1991, the City of Sebastian Building Department requires a tree
removal permit to be obtained prior to removal of trees.
The applicant, L.I. Tree Service is requesting removal of one 21 1/2"
specimen live oak tree, located at 517 Ponoka St., Lot 19, Block 120,
Sebastian Highlands Unit #4, for Walter Smith (homeowner). Because of
the damage to the driveway, from the tree, the homeowner is requesting
permission to have it removed.
According to Richard Schofield, the inspector who inspected the tree
requested to be removed, there will be more than seven trees left on the
property if this tree is removed.
RECOMMENDED ACTION
Move to approve the removal of the specimen tree located at 517 Ponoka St.
Lot 19, Block 120, Unit #4.
CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND
-- --R~D/O~N'-~ ~ --
STREET ADDRESS; ~'~
SUBDIVISION:
z p:
PHONE: ..............
SUB-CONtRACTOR:
ADDRESS, ZiP:
PHONE: ~
_
ADDRESS: ~%~ ~O ~~
PHONE NO.: %~'
I certify that all the foregoing information is accurate
that all work will be done in compliance with the Land .....
Development Code ( Article XIV )
' Signature ~~
removed and/or relocated. Indicate the species
each tree. All specimen trees (20 inch diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
2. Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
SITE INsPEcTION BY:~ DATE, a'7'~______
APPROVED FOR PERMIT: YES~ %~ NO~ ~
M.ST OBTAIN CITY COUN¢IL - NO:_
/--~IF YES, DATE OF CITY COUNCIL APPROVAL.
.
City of Sebastian
i 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Community Center
Sebastian Jaycees
APPROVED FOR
City Manager:
SUBMITTAL BY:
EXPENDITURE
Agenda No.
Dept. Origin
Date Submitted 02/28/95
For Agenda of 03/08/95
Exhibits:
Application
Copy of Resolution No.
R-94-50
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received a request from the Sebastian Jaycees requesting
permission to use the Community Center on March 24, 1995, for a fund raising teen
dance and benefit to help with medical bills for a kidney transplant for a 12 year old
boy. Future plans are to hold a fund raising dance four (4) times this year ftr this
cause. Approximately forty (40) chaperones will be present at these events.
They are also requesting approval to charge an admission fee per Section 7 of
Resolution No. R-94-50(copy attached). This fee will be $2.50 per teen or a reduced
fee of $4.00 for two teens f~om the same family.
The required security fee of $250.00 was received when application was submitted and
a rental-fee of $63.50 will be due before scheduled use. 501C Number 7040 has been
issued by the Internal Revenue Service.
RECOMMENDED ACTION
Move to review and discuss request and act accordingly.
~ITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
R,~ber of Persons constituting group or organi;ation:
Requested Date
?iBe of ~/: iron {~, P.m. ?o
Please answer 1ES or
1) Are kitchen facilities required?
2) Are I~ a resident of Sebastian?
3} Min decorations be put
4) Will there be an ackission or d~r charge?
5) Will alcoholic, beve~ra~ be served? ~.~.._~C~.
(a) If an.~r to l$ is ~-
~ttee's p~f of age
(b) If alcohol is ~o be se~. ~i~ is .r~ired ~ ~e
City ~cil. Y~r r~t ~1 ~ prmnt~ co ~
on . . ~
~[~/
Telephone ~.: ..~.~ ~/~ Date of ~li~ti~ ~-~-~ff
~e checks ~ble to: ~ OF S~
Security Deposit paid on
b,j, Ch~.:k #
Rental Fee pa~d on
b~ Che~k t
initial
(date) in the mount of
or Cash
(date) in the mount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meetinoon
(date). Request APFIIOV~ / D~.
. ....
Xey Pickup Date K~ Return Rte
Security Deposit returned by City Check !
amount of on
P~mmt kept for ~ {if elmP&iceble!.
B. Each additional hour - $7.50; and
C. Kitchen privileges - $25.00
The Sebastian Property Owners Association is exempt from paYment of
fees up to a limit of two meetings per m~nth.
SECTION 5. NON-RESIDENT RATES. In the event that the
permittee is not a resident of the' City of Sebastian, an additional
fee of Twenty Five Dollars ($~5.00) shall be assessed.
SECTION 6. NOT-FOR PROFIT ORGANIZATIONS: In the event
that the applicant is a school, church, or other tax exempt entity, as
defined by the Internal Revenue Service Code, the charges for use of
the Sebastian Community Center or the Sebastian Yacht Club shall be
one-half (1/2) the regular rate.
' SECTIO,~ 7. COMMERCIAL USE PERMITTED PROHIBITED: Neither the
Sebastian Communit Center
Y nor the Sebastian Yacht Club may be used
for any commercial activity. Such facilities shall not be used for
any profit making activity except by a religious, political,
charitable, not-for-profit, or tax exempt entity. Any admission fee,
entrance fee, cover charge, food or beverage charge, or any other fee,
charge, or donation associated with t~e use of the Yacht Club or
Community Center must be approved by actlo~ ~f the City Council.
SECTI0~ 8. CITY COUNCIL CHAMBERS. No organization or group
may use the City Council Chambers for the purpose of conducting a
meeting or any other use unless such organization or group is an
agency, board, committee, organization or unit of local, state or
federal government, or a public official who is conducting official
business. The City Council Chambers shall be used exclusively for
the purpose of conducting governmental business by the City, its
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Community Center
Wedding Reception
APPROVED FOR SUBMITTAL BY:
City Manager:
) Agenda No.
)
)
) Dept. Origin city Clerk
)
) Date Submitted 02/22/95
)
) For Agenda of 03/08/95
)
) Exhibits:
) Application
)
)
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received a request from Rodney G. Dyke requesting
the use of the Community Center on June 17, 1995 for a wedding reception.
He is also requesting approval for alcohol beverages to be served.
The required security fee of $250.00 was received when application was submitted and
a rentaI fee of $133.75 will be due before the scheduled use.
~COMMENDED ACTION
Move to approve the request with approval to serve alcohol.
~ITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
Please ~ 1~ or ~:
Ire kitchen facilities reluired?
2] ~ I~ a mi~t of Se~tin?
3} Itill ~econtioss be pt up?
4) ~ there be an admission or door charge?
5) #ill alcoholic, beve~.~ges be served? ~.,~
{h} it alcohol is to be serve, pemission is .r~ired..W the
City Council. lout request ~ill be pr~ented ~o ~ounc~t
on
bount ot Rental "~/~,~ 7, Tax:
~l~O~ / DISA~OV/I)
~ or Cash
initial d'F/~_~_
Rental Fee paid on
b,y Ch,ock
Mcoholic Beverage Request heard at
(date).
(date) ia the amount of
or Cash
hitial
the ~oun¢il Meetinoon
Request APPROVED / DENIED.
Fee ~aiver Request heard at the ~ou~cil Neetinqon
(date). Request APPROVED / DENIED.
Key Pickup Date Kelt Return Date
Security .Deposit returned ~ City Check !
aaount or on
Amput kept far ~ (~f m~q~ltc~lble).
in the
(date)
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT: )
Use of Community Center )
Wedding Reception )
)
)
)
)
APPROVED FOR SUBMITTAL BY: )
)
city Manager: ~'
~ )
)
)
)
Agenda No.
Dept.
Date
For Agenda of
Exhibits:
Application
Submitted 02/28/95
03/08/95
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY ~TATEMENT
The City of Sebastian has received a request from Emma H. Trevino requesting
permission to use the Community Center on March 25, 1995 from 2:00PM to 10:00
PM for a wedding reception.
They are also requesting the use of alcohol at this event.
The required security fee of $250.00 was received when application was submitted and
a rental-fee of $210.00 + $14.70 tax will be due before scheduled use.
RECOMMENDED ACTION
Move to approve the request with the use of alcohol.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Yacht Club
St. Patrick's Day
Party
APPROVED FOR SUBMITTAL BY:
City Manager: ~
) Agenda No. ~.~5~
)
) Dept. Origin Cit~ C~er
)
) Date Submitted 03/1/95
)
) For Agenda of 03/08/95
)
) Exhibits:
) Application
)
)
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
$,UMMARY STATEMENT
The City of Sebastian has received a request from The Learning Nest Child
Development Center requestingpermiss~on to use the Yacht Club on March 15, 1995
between the hours of 7:30 ~ 11:00 PM for a PTA St. Patrick's Day Party.
They are also requesting the use of alcohol at this event.
The required security fee of $250.00 was received when application was submitted and
a rental-fee of $50.(g) + 3.50 tax will be due before scheduled use.
RECOMMENDED ACTION
Move to approve the request with the use of alcohol.
· ~ITY OF 'SEBASTIAN
~ RENTAL PERMIT APPLICATION.
~o,~2 ,~~~,~:..~ ~,'.oo
. ~ ~ ~.~, ......
~e ~ ~e to: ~ ~ ~
/
~. ~ ~~' or ~ ...... .
R~t~ F~ ~d ~ (~te) h ~ ~t of
........... ~ ~
(~te). ~ ~./~.,
~ '(~te)
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: REQUEST FOR USE OF
RIVERVIEW PARK BY INDIAN RIVER
LIGHTNING SKATE CLUB
Approved For Submittal By:
City Manager
) Agenda Number:
)
) Dept. Origin: Community Develo~pment ,,
) Date Submitted. 2/27/95
)
) For Agenda Of: 3/08/95
)
) Exhibits:
) 1. Debra Coburn letter of 2/22/95
)
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The Indian River Lightning Speed Skating Club is asking permission from.
the City Council to utilize Riverview Park on Saturday, March 25, 1995,
and Sunday, March 26, 1995. The event will occupy the park from 8:00 a.m.
to 4:00 p.m., and the applicant has requested the use of electric.
Although the craft portion of the event is permissible, the swap meet
would be a problem. One of the standard conditions regarding the use of
this park stipulates that any goods for sale must be handmade by members
of the organization. Staff has advised the applicant of this condition,
and they haVe no problem with it.
Unless Otherwise stipulated by City Council, the following are established
rules for use of Riverview Park:
1. $100.00 Security Deposit
2. No vehicles in the park.
3. Applicant to provide sufficient waste receptacles and
clean up after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
7. Applicant must contact and receive approval from the Health
Department regarding the sale of food.
8. Applicant to coordinate with Public Works Department for ~,e ~
of electric.
RECOMMENDED ACTION
Move to approve the request from Indian River Lightning Skate Club to use
Riverview Park on March 25 and 26, 1995, including electric, with standard
conditions.
City of Sebastian '
1225 Main Street
Sebastian, Fla. 32958
Attention: Bruce Cooper
Director of Community Development
Indian River Lightning Skate Club
485 SW 27th Ave.. '
Vero Beach, Fla. 32968
Debra Coburn
Fund Raiser Chairperson
Dear Mr. Cooper,
I would like to introduce ourselves, we are Indian
River Lightning Speed Skating Club of Vero Beach.We co~pete in
speed skating competitions through out the Eastern region of the
United States. For the past three years we have sent skaters to
the National competitons in Nebraska,New York, Atlanta and this
year California.We have 35 skaters tha~ range in age from 6 to
35 with about 18 going to Nationals this year. So as you can see
fund raising is a much needed venture that we take serious.
The reason I am writting is to request a date
that our club can have a craft show and swap meet at Riverview
Park. The date that we have been told that was open and good for
us was March 25 & 26. Our hours would be from 8 am to 4 pm and
we would also need electricity .
My grandparents, mother and myself were born and
raised in Sebastian and Ive seen it grow and change in many
ways and I might say it's never looked better.
Thank you for the opportunity to voice our
request and we look forward to hearing from you. I can be reached
during the day at 778-1122 or in the evenings at 589-2971.
s
current
Agreement with specification sheet.
-Copy of the Ltr. dated March 1, 1995
-Copy of Exhibit A, B, & C From ISS
N/A
The agreement between the City and ISS Landscape Management Services, Inc., provides
language on page 2 (paragraph 4 Co) ) outlining the contractor's obligation for providing
equipment. On page 3 (a) (paragraph 5, City's Obligation) the provisions outlined for the City
When the original agreement with ISS was negotiated, the City was under the impression that
ISS would provide the equipment necessary to perform the required tasks. The specification
sheet for the golf course grounds maintenance contract states specifically in item//7, that the
equipment.
Representatives from ISS have taken the position that they submitted an exception which
states that the purchase of items to replace current items may be made by ISS or the City,
whichever is most advantageous to the City. If ISS purchases the equipment, they will want
to charge the City rent or require a lease agreement in order to repay ISS for the pur~
The City will have a lump sum payment to make at the end of the current agreement if ISS
and the City do not extend the agreement for another term. However, this interpretation is for
"replacement" equipment. The proposal from ISS for replacement equipment also includes
"new" equipment that is not replacing City owned equipment.
SUMMARY
The stuffs position is that the agreement terms require the contractor (ie ISS) to provide for
the necessary equipment that is required to perform the task of ground maintenance. The ISS
position is that either ISS or the City can provide for the equipment whichever is most
advantageous to the City. However, if ISS buys the equipment, they expect the City to pay
rent to ISS so they can recoup their investment, and also pay for replacement parts.
ISS has presented to the City three (3) purchase options regarding their interpretation of the
agreement. If the City Council agrees with ISS, then the City should obtain local financing.
If the City Council agrees with staff, there is a possibility that ISS will not agree and could
provide notice to withdraw from the current contractual arrangement which would either
cancel the contract or require a renegofiafion of the "equipment purchase" clause w/thin the
current contract.
The equipment that ISS has indicated necessary is the minimal for a course of this size. As
a result, the annual purchase price (utilizing 1995 prices) is as follows:
1st year $ 72,098.00
2nd year $ 55,337.00
3rd year $ 52,532.00
4th year $ 41,117.00
5th year .$ 56,291.00
TOTAL
RECOMMENDATION
If the City Council desires to have the golf course maintained by ISS and is
willing to accept a "break-even" fiscal picture for the golf course during the next
five years, then we should provide the equipment.
If the City Council is not willing to accept the ISS interpretation of the
"agreement" and will not accept a "break-even" fiscal position during the next
five years, then we should reject the ISS imerpretation and offer.
AGREEMENT
THIS AGREEF~EA~T, made this 16th day of September , 1994,
by and between the City of sebastian, a politi"cal subdivision of
the State of Florida (hereinafter called the "city"), and ISS
LANDSCAPE MANAGEMENT SERVICES, INC., or its successors, executors,
administrators, and asgigns (hereinafter called ,,Contractor").
WITNESSETH:
The City and Contractor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1. Scooe of Work: Contractor agrees to furnish all
materials, labor, supervision, and services necessarY to complete
=he work as described in the contract documents (the "Contract
Documents") and agrees to complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance wi~h
the Contract Documents.
2. Contract Documents:
(a) The Contract Documents consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders,
Specification Sheet, Special Terms and Conditions, Bid Form, all.
drawings, specifications, addenda issued prior to the execution of
this Agreement, other documents listed in this Agreement and
modifications issued after execution of this Agreement. The
Addenda, if any, are as follows: None
The intent of the Contract Documents is to include all items
necessary for the proper execution and completion of the Work by
contractor. The Contract Documents are complimentary, and what is
required by one shall be binding as if required by all; performance
by contractor shall be required only to the extent consistent with
the Contract Documents and reasonably inferable from them as being
necessary to produce the intended results.
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the city and Contractor.
(c) The term "Work" means the maintenance or
construction and services required by the Contract Documents,
whether completed or partially completed, and includes all labor,
materials, equipment and services provided or to be provided by
Contractor to fulfill Contractor's obligations hereunder. The Work
may constitute the whole or a part of the project.
Contract Sum and Payment to Contractor:
(a) Contract Sum: The City shall pay to Contractor for
Contractor's performance hereunder, the amount(s) specified in the
BID Documents (the "Contract Sum") which is $2~ and an annual
contract escalation equal to the Miami Consumer Price Index as of
July l, not to exceed 5% of the current annual contract price.
(b) ~ontract Payments: The City shall make payments on
account of the Contract Sum to contractor as provided below and
elsewhere in the Contract Documents. If no provision for payments
is made in the Contract Documents, each payment shall be based on
the percentage of work actually completed.
(i) Each Invoice for Payment by Contractor shall be
submitted t~ the City by the twenty-fift~h (25th) day of each month.
(ii) Provided an Invoice for Payment is received by
the City not later than the twenty-fifth (25th) day of a month, the
City shall make payment to Contractor not later than the tenth
(10th) day of the following month. If an Invoice for Payment is
received by the City after the application date fixed above,
payment shall be made by the City not later than twenty (20) days
after the City receives the Invoice for Payment.
4. Contractor,s Obligations:
(a) Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over maintenance means,
methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these
matters.
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide an pay for labor, materials, equipment,
tools, maintenance equipment and machinery, tansportation, and
other facilities and services necessary for the proper execution
and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
(c) Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
the Work. Contractor shall not permit employment of unfit persons
sons not skilled in tasks assigned to them.
2
Contractor curren.ly holds and shall maintain at all
times durin~i)the term of this Agreement al! required federal, state
and local licenses necessary to perform the Work required under the
Contract Documents.
(f) Contractor shall ~e responsible to the City for the
acts and omissions of Contractor's employees, Subcontractors and
their agents and employees, and other persons performing portions
of the work under a contract with Contractor.
5. City'.s Ob!loaf!on:
(a) The City shall, at no cost to the Contractor,
provide the following sez-vices and materials or facilities.
(1) water & Sewer
(2) Electrical
(3) Cost for repair parts and materials required
for proper maintenance and utilization of Ci_~i_~ty
(4) ~]~pair parts for the irrigation system.
(5) Adequate parking spaces designated for
contractor employees.
(6) Maintenance facility meeting all OSHA
Standards for a maintenance ~nd repair
facility.
(b) The city shall provide a City representative at the
golf course with the authority to authorize repair part purchase
order submission to City Finance and who represents the City
Manager for superwisory decisions regarding golf course maintenance
and other related activities as outlined within the contract
documents.
6. w ~~: Contractor warrants to the City that all
materials and labor furnished under this Agreement shall be free
from any and all defects and that the work will conform with the
requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved
and authorized, may be considered defective.
7. Correction of work:
(a) Contractor shall, at no cost to the city, promptly
correct Work failing to conform to requirements of the Contract
Documents, whether obsez-ved before or after completion of the Work
and whether or not fabricated, installed or completed, and shall
correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of thirty
(30) days from the date of completion of the work or by the terms
of an applicable special warranty required by the Contract
Documents.
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City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
SPECIFICATION SFIEET FOR GOLF COURSE GROUNDS
MAINTENANCE CONTI~CT
TIlE CONTRACTOR WILL PROVIDE TIlE FOLLOWING:
1. Total payroll costs, benefits and uniforms for all employees.
An annual fertilizer program for greens, tees, fairways and roughs.
An annual chemical program to include pre and post emergency programs for nuisance
weeds and other damaging pests, such as crowfoot, goosegrass, poa armua, mole crickets
and nematodes.
PrevenUvo maintenance and repairs of all equipment on site including reel and bedknife
grindh',?, ,.and sharpening.
Preventive maintenance and repairs of flow well, pump station and entire irrigation
system.
Coordinate scheduled maintenance activities with Resident Superintendent.
10.
11.
Purchase new equipment when needed to replace old equipment.
Mowing program for tees, greens, fairways, roughs and clubhouse grounds.
Grooming program for sand bunkers including raking, edging, mowing around edges and
adding new sand. '
Soil analysis to help determine fertilizer programs.
Golf Course supplies - Pins, flags, tee markers, ball 'washers, trash cans, water coolers
with stands, stakes, rope, marking paint, hazard and out- of- bound stakes, nuts, bolts,
washers, screws, cotter keys and pins, cleaning supplies, sand trap rakes, divot mix sand,
sand trap sand, top-dressing mix and any other supplies that are required.
Aerifying and verticutfing programs for tees, greens and fairways. Top-dressing programs
for tees, greens and low fairway areas.
IS$ Lancl=¢ape Uanagement Services, Inc.
1704 W. North "A" Street
Tampa, FL 33606
March 1, 1995
Mr. $o,~ Koford
City Manager
The City of Se. bast. tan
1225 Maia Street
Sebastian, Florida 32958
Re: Sebastian Municipal Golf Course Equipment Needs
Dear Mr. Koford:
Tel.: (813) 254-755?
Fax: (813) 254-5657
As I stated in our meeting last w~k, it is the goal of ISS Golf Serv/ces. to work with you and your
smft'm~ to r¢ach a Solut/on to tim ~:lthpmemt problem that is b~clrmial to both the City of
Seba~an and ISS Golf Services.
Following for your review are the various options wc ar~..pruposing for your consideration to bring
th~ ~luipmcat misun6a~muding to a mtaually agreeable conclmioa, It is impexative that this
sim-~oa be resolved in a timcly manner aG that w~ may proceed with the maintenance programs
scheduled for thc Municipal Golf Court. Thc options arc as follows:
City of' Sebastian purchase thc required equipment as outlined in attached exhibit "A".
h should be noted that the prices listed am bas~ on GSA pricing and the prices for
year 2 thru year 5 have been increased by 5% per year to allow for annual price
incr~,-as~s based on price quotations provided to ISS Landscape Management Scrvicc~
Inc. on February 28. 1995.
B. ISS Golf Services. will lease the required new ~xtuipmeat as outl/ned in aUached exhibit
"B" to the City of SebasSaa at the monthly and annml dollar amounts mnlined/n sa/d
cxh/b/t. It should b~ noted that the prices listed for yenu' 2 thru y~ar 5 have
increased by 5% per year to allow for annual prio~ in~$ based on pri~ quotations
provided to ISS Golf Scrvic~ from our national pricing sm~m~. It would bc our
recornm,ndation that the pricing oullined ill this =xtu'bit for year 2 thru $ be utilized
for budgciing purposes, howewr. ISS would revisit the quot~ price prior to placing an
ord,r for said eqaipm,nt and pass on to th, City of Sebastian any savings we realize.
At the conclusion of the five year ~eat the City of Sebastian Would purchase
equipm,nt from ISS Oolf S,rvices at thc Equipm~ Buy OuI Figure indicated on
Exhibit "B" ~ as r~visexi to reflect purchas~ savings,
C. ISS Coif Serv/ces will Icas~ the required new and used equipment as outlined in
attached exhibit "C" to the City of Sebastian at the monthly and annual dollax amounts
outlined in sa/d exhibit. It should be norad that the prices listed for year 2 thru year 5'
~$$ ~naacagn Manager Servic~, inc. 0~oe~dea landz~a~
maintenance and i~rigstton ~ervices ac, o,~ the $0e~rum of land$caplng
utilizations, It ir, a sub$iaiary of ISS imem=,lgx~l Servk;e Sy~etn, thc.
which L~ part o! the I,,RS Gn3up with heeOC~Unnem in Denmark,
and companle,~ In Europe, No~q and South
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quotations provided to I$S Golf Sc-rvic~, from our .~,ti,'onal pricing structure, It would
b~ our rccommcndation ttmt th~ pricing outlined in th/s .c~,. 'bit for ¥~ar 2 th~ 5 ~
utilizc-d for budgeting purposes, ho',~v~r ISS would r~m~ the quoted price prior to ·
placing.an or~r fi~r said equipment and pass on tn thc City of Sebastian any savings
w, r~ahz~. A, ~.e conclusion o£.tl~ fly, year alp~cm~t th~ City of Sebastian would [
purcha.~ th~ cqmpm~t from iSS C.,oli' S~ic~s. at thc Eqttipm~t Bu~ Out Figure
incticat~ on Exhibit "C' or as r~ised to reflect purchase savings,
It is my opinion that these ar~ tb~ o~i.y opt/ohs available that can b~ m~ually b~¢ficial to both the ~
City of Sebastian and I.qS Golf Service~ .
~ reviewi~ th~ abov~ and att~h~i, please con.~t me ~t (Sl~) 2~4-?~? so mst ~ may ~w~r[
any questions you may hav~ and assist you in brin~ this mater m a conclusion. ·
Thank you for your t/m~ and comid~rat/on in tb/~ matt~ ~ad I lookin~ forward to a workable
$ohlt/ol% ~.' [
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