HomeMy WebLinkAbout05261993i
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407)589-5330 D FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIl,
REGULAR MEETING
WEDNESDAY, MAY 26, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMAT/ON ON ITEMS'
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY IIALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Grant McDonald - Sebastian
Highlands Baptist Church
4. ROLL CALL
AGENDA MODIFICATION~ [~DDITIONS 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).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEkRING, 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
93.085
PGS 1-7
93.144
PGS 9-12
93.169
PGS 13-24
93.015
PGS 25-26
~ 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.
Continuation of 3/24/93 Hearing to Consider
Termination of Sebastian Lakes Conceptual Plan
and Rezoning (City Clerk Transmittal dated
5/19/93, Hartman Report on Water & Sewer [Under
Separate Cover], Hall Letter dated 3/24/93, Nash
Letter dated 4/28/93, Hall Letter dated 4/27/93)
B. ORDINANCE ~0, O-93-11 - Accessory Structures
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, AMENDING THE LAND DEVELOPMENT CODE; AMENDING
SECTION 20A-5.5.D OF THE LAND DEVELOPMENT CODE
PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN
A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING
TO THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF
THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading
4/28/93, Advertised Legal Notices 5/12/93, PH and
Adoption 5/26/93)
8. ~ CARRIED FORWARD FROM 5112/93 REGUL;~R ~EETING
A. introduction of New Business from the ~ublic
Kathy Gardinier - "Council Limited Time to
Speak" (No Backup)
9. ~~GENDA
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.
A. Approval of Minutes - 5/12/93 Regular Meeting
Be
4th'of July Request - Placement of Advent Balloon
in Riverview Park - 7/2/93 through 7/4/93 -
Subject to Receipt of Certificate of Insurance
(Staff Transmittal dated 5/19/93, Malek Letter
dated 5/12/93)
2
93. 170
PGS 27-29
93.145
PGB 31-32
10.
11.
12.
13.
93.011
PGS 33-36
93. 171
PG 37
93.172
PGS 39-47
93.173
PGS 49-52
93.174
PGS 53-77
GFWC Junior Woman's Club - Request to Use
Riverview Park - Winter Craft Fair - 11/27/93
(11/28/93 Raindate) - Subject to Standard
Conditions (Staff Transmittal dated 5/19/93,
Harle Letter dated 5/12/93)
De
Waiver of Bidding Procedure - Community
Development Mobile Shelves - International Group
Marketing, Inc. "Pipp Mobile Systems" - $9,327.59
(Martin County School Board Price) (Staff
Transmittal dated 5/19/93, Quote)
PRESENTATIONS - None
MAYOR AND CITY COUNCIL
A. Vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Fr..land
E. Mayor Lonnie R. Powell
CITY ATTOR,NE~ FATTERS
CITY MAN~k~ERMATTERS
Golf Course Promotion Plan (Staff Transmittal
dated 5/19/93, Golf Course Manager Memo dated
5/19/93)
Concur with Personnel Director Salary (City
Manager Transmittal dated 5/19/93)
Designate Depository for City Funds (Staff
Transmittal dated 5/19/93, Finance Director Memo
dated 5/19/93)
De
GDC Settlement Agreement Property Taxes (Staff
Transmittal dated 5/19/93, Schedule of Parcels
and Amounts Owed)
14. ~ REPORTS/RECOMMENDaTIONS
A. CODE ,~FORCEMENT BOARD
Recommendation - Reappoint Louis Nicolini to
Regular Member Three Year Term to Expire 6/96
(Eligible for Reappointment) (Staff
Transmittal dated 5/20/93, Applications)
3
15.¸
93. 122
PGS 79-92
OLD BUSINESS - None
NEW BUSINESS
ORDINANCE NO, 0-93-12 - Cemetery Regulations
(City Clerk Transmittal dated 5/17/93, 0-93-12
2nd Draft)
1st Reading, Set Public Hearing for 6/23/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING
SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT
SITES; AMENDING SECTION 34-8 PERTAINING TO EASEMENTS
ALONG INTERMENT SITES; AMENDING SECTION 34-9
PERTAINING TO PAUPERS' INTERMENT; AMENDING SECTION
34-10 PERTAINING TO FEE FOR OPENING AND CLOSING
INTERMENT SITES OTHER THAN DURING WORKING HOURS;
AMENDING SECTION 34-11 PERTAINING TO INTERMENT SITE
PRICES; AMENDING SECTION 34-13 PERTAINING TO SALE OF
INTERMENT SITES; AMENDING SECTION 34-14 PERTAINING TO
APPROVAL OF WORK ON INTERMENT SITES; AMENDING SECTION
34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT;
AMENDING SECTION 34-16 PERTAINING TO INTERMENT
REGULATIONS; DELETING EXISTING SECTION 34-17
PERTAINING TO PROHIBITION OF ABOVE GROUND iNTERMENTS;
ADDING A NEW SECTION 34-17 PERTAINING TO URN SIZE
REQUIREMENTS; AMENDING SECTION 34-18 PERTAINING TO
INTERMENT SITE MARKERS; AMENDING SECTION 34-19
PERTAINING TO ARTIFICIAL AND FRESH FLOWERS; AMENDING
SECTION 34-21 PERTAINING TO PRUNING AND REMOVAL OF
VEGETATION; AMENDING SECTION 34-22 PERTAINING TO
PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING
SECTION 34-24 PERTAINING TO LIABILITY; AMENDING
SECTION 34-26 PERTAINING TO PROCEDURES FOR RULE
VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING
SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED IN-
GROUND INTERMENT SITES; AMENDING SECTION 34-57
PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34-
58 PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
93.175
PGS 93-96
93.176
PGS 97-100
93.177
PGS 101-108
ORDINANCE N0~ 0-93-15 - Development Agreement
(Staff Transmittal dated 5/19/93, O-93-15)
1st Reading, Set Public Hearing for 6/23/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO DEVELOPMENT
AGREEMENTS; AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO ADD A NEW
ARTICLE VII; ADDING NEW SECTION 26-210 TO THE CODE OF
ORDINANCES TO PROVIDE THE CITY COUNCIL WITH THE
AUTHORITY TO AUTHORIZE THE MAYOR OR CITY MANAGER TO
ENTER INTO DEVELOPMENT AGREEMENTS ON BEHALF OF THE
CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Ce
De
Annual Audit for Fiscal Year 1993 - Engage Firm
of Hoyman, Dobson & Company, P.A., Certified
Public Accountants - Not to Exceed $31,900 (Staff
Transmittal dated 5/17/93, Proposed Engagement
Letter)
RESOLUTION NO. R-93-~4 - U.S. Conference of
Mayors Deferred Compensation Plan (Staff
Transmittal dated 5/17/93, R-93-24, USCM Plan
Document, USCM Investment Performance, PEBSCO
Selection Letter - Escambia County School
District, PEBSCO/NATIONWIDE No. 1 Ranking)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING AN ALTERNATIVE PROVIDER FOR
ITS DEFERRED COMI~ENSATION PLAN; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
93.178 E.
PGS 109-114
RESOLUTION NO. R.93-25 - Bank Signatories (Staff
Transmittal dated 5/17/93, R-93-25, R-87-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING POLICY REGARDING THE NUMBER
AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS,
DRAFTS, AND OTHER FINANCIAL DOCUMENTS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROViDiNG FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
93. 179
PGS 1~5-~27
17.
~UTION NO. R-93-26 - Blanket Purchase Orders
(Staff Transmittal dated 5/17/93, R-93-26,
Blanket Purchase Orders)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AMENDING PURCHASE ORDER PROCEDURES
TO PROVIDE FOR THE ISSUANCE OF BLANKET PURCHASE
ORDERS FOR ALL UTILITIES (MONOPOLIES), AND OTHER
RECURRING SERVICES PREVIOUSLY AWARDED BY BID OR SOLE
SOURCE AWARD BY CITY COUNCIL; REPEALING RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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)
93.180 A.
John Kanfoush - Handicapped Parking Enforcement
(No Backup)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A 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.)
6
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Continuation of Public Hearing
- Consider Termination of
Sebastian Lakes Conceptual
Development Plan and Rezoning
to Appropriate Zoning
Classification
APPROVED FOR SUBMITTAL BY:
City Manager:
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
ExhiBits:
City ~
5/19/93
5/26/93
* Hartman Report - Water & Sewer
(Under Separate Cover)
* Hall Letter dated 3/24/93
* Nash Letter dated 4/28/93
* Hall Letter dated 4/27/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
STATEMENT
The City Council, at its March 24, 1993, Regular Meeting,
conducted a public hearing to consider terminating the conceptual
development plan for Sebastian Lakes and rezoning to an
appropriate zoning classification.
In accordance with a request by Attorney Barbara Hall, Greenburg
- Traurig, representing St. Paul Corporation, owner of Sebastian
Lakes, to hold the matter for 60 days for further negotiations
(see March 24, 1993 letter), City Council continued the public
hearing to May 26, 1993.
RECOMMENDED ACTION
Review Hartman report and proceed accordingly.
Barbera A. I-hll
2~-768-8:t36
March 24, 1993
Jec~ L, ~
1
i
Director of Community Development
City of Sebastian
Sebastian, Florida 32978
Re: Sebn.~n~ Lakes i
St Paul Corvorafion's proposal ~ achieve a comprchensive solution to au ot our ~ssues Mm i
thc C/ty and' to provide the property with ce~ni~ dcvcloInncnt rights that ~ allow thc
diem to effectively market the property.
1. St. Paul ~oradon will ~ivc the City $65,000.00 to construct Laco~ RoM
from Crranduer Avenue to Fell~.. ere Road and will provide the C/ty with copies of its
completed plans for the consu-u~on of Laconia Road. If water management permits have
not been obtained from the St. $ohn's Water Management District, the City shall be
rcspons~le for obtaining those perm/ts and St. Paul will reimburse the C/ty for its costs in
permitting up to $3000.00
I
I Mr. Bruce Cooper
March 24, 1993
i Page 2,
I2. St. Paul Corporation w/il dedicate to the Cit~ the additional 20 feet required
for an 80 foot corridor on Roseland Road. The wnstruct/o.n of Roseland Road shall not
I b= required un~ the developxnem of commerdal uses within the property. The Civ/
cooperate w/th St. Paul Corpo~ in ~ efforts to obtain County road impact fee credit
for the dedicat/on of right of way for Ro~,,,,~ Road and for its ~on..
I convey to the City the lauds on which the uu'lity ~s located. In payment for fl~ uu'lity auo
for th~ lami the Cit~ will gra~ to the propen~ a credit which ~1 entitle ~ ovner of the
prop~ to 1200 sewer conneciions lo the City-opera~d ulilit~ without charge. In the e~nt
I ~ the City ~ to ser,'e the p~op~ny prior m ~ ~ime tha~ ~0 co~e~io~s are
ob~,~ined, the C, it~ shall ensure thc property ~ comiuue to mahns~ such ri~u with any
subsequent sewer service provider.
·
days, Thc City shall use those ~unds lo hire a consultant ~o pr~are a feas~ili~y suidy for
i thc City with respect to the City's acquisition of thc afility.
5. The C/fy will enter a developer's agreement with
trod remain within zonin~ d~fions fl~at would allow thc developm~ o~ me remamm~
undeveloped property with general comm..e~ uses in are~ w. he~. ~ use. is no.w
I pertained and allow the de~lopmen, of res,~nfial uses up w a
~cr¢ on the remaining undeveloped property that is now designated as Medi~rm Reaioen~al
I use ureter ~ Ci~s ~hensive Plan, This provision would not proem a subsequent
property owner from seeking a change in the laud use and zoning lo cha~e some of thc
commercial areas w residential aud/or to aim the density permitted. Any ~ch request
I would be evalua~l by the Ci~ based on it meriri. The agreement would not oblige the City
to approve any such change.
I . 6. The developer's agreement would also reco _g?ize that the in~.as,t~.cmre
~mprovemen~ required for the development of the property Imve bean d¢~rmmexl in the
I roadways for the development of the remau~,, undeveloped p .to. pc? yam. ~.ula~ oo..
exceed thc impaas of 145 acres of commercial uses and 2~ resadential umts. This ImTaswn
would not prevent ~he City from req~ug minor iruprovemcnu such as..mrs, lanes to se.,we
I ~e site at the gm¢ tha~ thc us~s are developed. The agreement woulo also exempt ~e
property from any f~t'ure roadway impaa fees assessed to ~c property by thc ~
Gn~£RR£RO TJtAUIHG
Mr. Bmcc Co.per
March 24, 1993
Page 3
In the int~r~t of providing you with s~ o~tti~ ~ ~fi~ for ~t's m~ong I have
~~ ~e ~ ~ a ~ehe~e ~ to ~ ~e ~~ of ~e ~ ~d
~ ~e d~opment ~ten~ of ~e ~~. ~l~ de~ ~ be wor~ out
~me ~d ~ ~ m jo~ r~ ~ ~ on ~ ~.
BAH/amc
GI~£gN~£RG TRAUItJC
RESE, N~S & Tom~. rx
Aa-ro~E~s ~? L~w
April 28, 1993
930 S.
SvrrE 505
l~noum~E. I~OP~DA 32901
(407) ~-33OO
F~ (407) 951~741
VIA TELECOPIER (305) 765-1477
AND U.S. MAIL
Barbara A. Hall, Esquire
Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A.
515 East Las Olas Boulevard
Fort lauderdale, Florida 33301
City of Sebastian
Sebastian Lakes PUD
Our File No: 89-3141
Dear Ms. Hall:
In response to your letter of April 27, 1993, I have enclosed with
this letter a copy of said letter of yours signed by me as escrow
agent. Please note that the funds of $65,000.00 have been
deposited in an account with Security National Bank in my name as
escrow agent. Per our agreement, I am utilizing the federal
employer identification number for Sebastian Lakes Associates, that
is, 59-2461632.
If you have any further questions regarding this matter. Please do
not hesitate to contact me.
Very 'tru~ yours,
FRE~~~ TORPY,
Charles Ian Nash
City Attorney
P.a.
CIN:bd
Enclosure as stated
CC:
Robert $. McClary, City Manager
w/copy of enclosure
Bruce Cooper, Director of Community Development
w/copy of enclosure
L ^ ~'
Leona~ J. Adler Michael J. Chernig& kawrenee Godofsky Ste,~en A, kandy Slevan j. Pardo
Fernnndo C. Alonso Ary Choueke Alan $. Cold Steven B.l..atpidus Rose Parlsh-Ramon
Ce~str L. Alv&r~:z Sue M. Cobb Joel K. Coldman Nancy B. I~sh Mamhnll R. i'amernaek
Linda C. And~.-.wz L- Frank Cordero Sro, eh I~. ~ldman W~I~ A. ~uer Byron G.
Lili~na Arm~ C, Deryl Couch Ste~n M. ~ldsmilh Moshe M. ~h~eld Bo~rto E. Pupo
Daniel H. Amain AI~ A. del ~tiDo Joseph ~. Goldmein Jam~ E S. ~haw Albert D. Quentel
David C- ~hbum A~n T. Dimond S~n S. ~dman Ma~ S. ~vin C. Ryan Reetz
Chiles M. A~nder Trial L. Donald M~t~hew B, ~n O~r ~in Mark J- Re&man
David T. At~n ~cin A. Do.bevy Di~nne G~n~rg Norman H. Lipoff ~is Railer
F~ W. B~t ~ndsce E. Duff Melvin N. G~en&~ ~rlos E. ~umiet Bar~ ~n
~ L. ~h Wi~nm B- ~k Sand~ R G~enbl*u Ju~ E ~umiet A. Jeff~ Robin~n
H~e ~ ~nn~h Edelman Robert L. Gm. man Bm~ E. M~donough ~nneth B- Robin~n
V. Dawn ~h~ Charl~ W. ~gm, HI Bnrbnm A. H~ Ro&~ P. M~ina ~quel A. Rodrigu~
Noman j. ~nfo~ Arthur J. Eng~nd, Jr, P~ge A. N~r ~ j. M~to A~n H. Rolniek
L~ J. ~r ~ ~- Ep~in F~d E H~r~ Jc In~ M~Pfie~ Matin
Dale 5. ~m~n Hen~ H. (Buck) F~ Alamo M. Hem~d~ Knfique j. M~n Rieh~ A. R~n~um
Bfidgm ~r~. J~f~ R. Fried C. Hem~nd~-~n~tein Pedro J. M~in~-F~ Ron~d
~k F, Bid~u Robin E F~men J~f~ A. ~i~h J~l D. M~r David L
~n~ Jori Bie~ Bo~n C. G~ng ~nn~h C. Hoffm~n J~ J. Ma~t, Jr. G~ A. S~ul
M~k D. Bl~m Te~im G~i~ ~ & Hoffman Bo~n ~ MeDon~d E~ot ~. ~herker
Re.rid L, ~uth~on Jc Wendy ~a ~nneth A, Hor~ John T. M~r M~k E ~hnapp
H~ B~ Ric~ G. ~t ~d J. Hou~han J~ L. O'Bfien ~o~ A. ~hulm~n
B~e D. B~old Bd~ K+ ~n ~ith A. Jam~ Mau~ ~. O~e~r Paul E. Sh~pi~
Fmnc~ ~ Bmg~, Jr. Jeff~ GH~n M~n ~ ~ R. O~nd ~ndy J.
Bu~ B~n ~ufie L G~ David ~ ~nin She~ L Orl~i~ Paul A. Shelowi~
F~n~ M. ~ B~ H. G~-~ein St~n J. ~vi~ Dabble M. Omh~ En~que Silva
David ~ ~ Riehe~ J. Giu~ Rondd C. ~a~ A. F~ner P~o M~lene K. Sil~rm~
Barbara A. Hall
305-7684236
April 27, 1993
FEDERAL EXPRESS
Charles lan Nash, Esquire
City Attorney
City of Sebastian
Frese, Nash and Torpy
Suite 505
930 South Harbor City Blvd.
Melbourne, Florida 32901
Stuart H. Singer
Holly R, Skolnick
Leura R Stephenson
Joel L. Stoeker
Douglas R. Thornburg
Rol~rl H. Traurig
Brian J, Walsh
Keith W~e~trom
Jeffrey Weithorn
Dwdd £. Wells
Bradford D. West
Howalnd W. Whimker
Jerrold A. Wish
Timothy D. WoLfe
Linda G. Worton
T. Wayne Davis, of
Arnold J. Hofi'man, Of Cou
Patrick T. O'Brien, of Courts,II
B. K. Robert~ of ~oun~l
All~n S~lovln, of C~un~el
Bri~tn J+ Sherr, of Courmel
Craig E. $~ein, of Counsel
M~ M, W~n, of ~un~l
Zachary H. Wolff, Retired
Escrow Letter:. Check for $65,000.00 pending agreement on development
issues related to Sebastian Lakes PUD
Dear Mx. Nash:
Simultaneously with the delivery of a previous draft of this letter dated April 2, 1993,
on behalf of my client St Paul Corporation, as managing general partner for Sebastian
Lakes Associates ("St. Paul Corporation"), I delivered to you, as the Escrow Agent, a check
in the amount of $65,000.00 ("Escrow Amount") to be held by you in an interest bearing
account under the tax identification number for Sebastian Lakes Assodates (592-46-1632)
pending an agreement between St. Paul Corporation and the City of Sebastian relating to
development and utility issues regarding the Sebastian Lakes PUD.
GR£ENRERG. TRAURIG. HOFPMAN, LIPOFF., ROSEN & QUKNTEL, P.A.
51.5 EAST LAS OLAS BOULEVARD FORT LAUDERDALE. FLORIDA $$301 305.765-0500 FAX 305-765-1¢77
MIAMI FORT LAUDERDALE W£STPALMBEACN JACKSONVILLE TALLAHASSEE
Charles Inn Nash, Esquire
April 27, 1993
Page 2
The terms of this Escrow are as follows:
1. If St. Paul Corporation and the City reach agreemem with respect to each of
the six issues outlined in my letter to Brace Cooper dated March 24, 1993 (attached hereto
and incorporated herein as Exhibit ~A") within 90 days of April 2, 1993, then St. Paul
Corporation and the City shall both execute a document stating: i) that each of the six issues
has'been reso!v~ and i,.') the terms upon which the Escrow Amount, together with interest
thereon, may be released to the City; and then you, as Escrow Agent, shall be authorized
to release the Escrow Amount together with interest thereon to the City, upon the terms
specified in such document. The resolution of each of the six issues need not be in
accordance with the specific terms outlined in Exhibit ~A~.
2. If St. Paul Corporation and the City do not reach an agreement as outlined
in paragraph 1 above, within 90 days of April 2, 1993, then you, as Escrow Agent, shall
return the Escrow Amount together with any interest earned thereon to St. Paul
Corporation in care of me. This 90-day escrow period may be extended only by written
approval of St. Paul Corporation.
This letter sets forth our understanding and agreement regarding the terms of this
Escrow.
If the terms of this letter are acceptable, indicate your acceptance of the terms of the
escrow by signing where provided below. Your signature below as Escrow Agem shall
acknowledge your agreement to act as Escrow Agent in accordance with the terms of this
letter. Please send me an original execution copy of this letter.
Agreement t~,act as Escr~9~w-~
Agent:
By:
Cha/les Ian Nash, Esquire
City Attorney
City of Sebastian
GREENBERG TRAURiG
ORDINANCE NO. 0-93-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING SECTION 20A-5.5.D OF THE LAND DEVELOPMENT CODE
PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A
REQUIRED REAR YARD;AMENDING PROVISIONS PERTAINING TO THE
LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, City staff and the Planning and Zoning Commission
have recommended that revisions be made to the Land Development
Code of the City of Sebastian in order to modify the existing
provisions pertaining to where screened enclosures may be located
in relation to the rear property line in residential zoning
districts; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, has determined that it is in the best interests of
the City and its residents to revise existing provisions of the
Land Development Code of the City of Sebastian, in accordance with
the recommendations of the Planning and Zoning Commission and the
City staff.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 20A-5.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection D (§20A-5.5.D) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"D. Rear yards. Detached structures, such as
utility sheds and other structures accessory to single-
family homes within a single-family zoning district may
encroach into a required rear yard, provided that any
such structure maintain a minimum distance of ten (10)
feet from the rear property line and not be located
within a dedicated easement. With the exception of
structures that consist solely of screening and beams and
supports for the screening material, no such structure
shall exceed 400 square feet in lot coverage and shall
not exceed twelve (12) feet in height. Structures that
consist solely of screening and beams and supports for
the screening material, such as screen enclosures for
swimming pool areas, shall not exceed twenty five (25)
feet in height."
Section 2. CONFLICT. Ail Ordinances or
Ordinances in conflict herewith are hereby repealed.
parts of
Sect~. 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 Land Development Code of the City
of Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and the word
- 2 -
"Ordinance" may be changed to "Section,"
appropriate designations.
"Article" or other
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
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 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Carolyn Corum
Council member Norma J. Damp
Council member Robert Freeland
- 3 -
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1993,
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 Content:
Charles Ian Nash, City Attorney
- 4 -
City of Sebastian
I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
i SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNF~DAY, MAY 12, 1993 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON 1TEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Powell called the meeting to order
2. The Pledge of Allegiance was recited.
3. No Invocation.
4. ROLL Ci~LL
Present:
Mayor Lonnie Powell
Vice Mayor Frank oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
at 7:00 p.m.
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
city Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
May 12, 1993
Page Two
93.158
93.159
93.160
93.161
AGENDA MODIFICATIONS (]%DDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
None.
6. PROCL~MATIONS ~ ANNOUNCEMENTS
Proclamation -~ADDreciation W~ek (Michael
Lanam - IR~ School ~
Mayor Powell read and presented the proclamation to
Michael Lanam.
Proclamation - Sebastian River Area Junior
Woman's Club - ~ax~; Clark Award
Mayor Powell read and presented the proclamation to
Katherine Rines.
Proclamation - National P0~ice Week (Chief o__f
Police, ~ar~ Petty)
Mayor Powell read and presented the proclamation to
Officer Jeff Chandler, 1992 Officer of the Year and
City of Sebastian Employee of the Year.
proclamation - ~ Clerk's Week - (City
Clerk, Kathrvn 0'H~oran)
MayOr Powell read and presented the proclamation to
City Clerk, Kathryn O'Halloran.
7. PUBLIC HE~RING, FII~ 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 ~ote: 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.
Regular City Council Meeting
May 12, 1993
Page Three
93.001
A. ORDINANCE NO. 0-93-08 - Airport Manager
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN
MUNICIPAL AIRPORT; AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION
22-29(a) OF THE CODE OF ORDINANCES TO PROVIDE THAT
THE CURRENT AIRPORT MANAGER SHALL BE A FIXED BASE
OPERATOR; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(1st Reading 4/14/93, Advertised 4/28/93, PH and
Adoption 5/12/93)
Mayor Powell opened the public hearing at 7:19 p.m.
and the City Attorney read ordinance No. 0-93-08 by
title only. Being no input, Mayor Powell closed the
public hearing immediately.
MOTION by Oberbeck/Freeland
I would move that we adopt Ordinance No. 0-93-08.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED (4-1 Corum - nay)
93.152
8. ~ CARRIED FORWARD FROM THE MAY 5, 1993 WORKSHOP
RESOLUTION NO. R-93-23 - Utility Rates (R-93-23
w/Exhibit A - Legislative Version)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING WATER AND WASTEWATER
UTILITY RATES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Resolution No. R-93-23 by
title only.
Steve Pitiak, 3621 West Derry Drive, Sebastian
addressed city Council on the history of the Park
Place (Lake Dolores) utility franchise and contended
that any franchise agreements approved by resolution
were invalid.
Regular City Council Meeting
May 12, 1993
Page Four
Fred Cioffi, 3425 Heather Way Lane, Sebastian
addressed City Council.
Mr. Pitiak requested City Council to table the matter
until a workshop for submittal of further information.
Joe Morozowski, 3426 Heather Way Lane, Sebastian
concurred with the request to table.
The city Manager said City Council has the ability to
extend the ten minute time limit and pointed out that
staff has met with Mr. Pitiak. He further said staff
presented the resolution only as a clean up and for
inclusion of the $10 surcharge for Park Place in
accordance with the takeover agreement with Indian
River County.
The Utilities Director reviewed the rates in Exhibit
"A" to Resolution No. R-93-23 and explained the
surcharge and increase in the returned check charge.
Inquiries were made as to whether there was validity
to Mr. Pitiak's comment regarding the franchise
agreement. The City Attorney said he was not
prepared to address this tonight and suggested that
homeowners as a group could contract with an attorney
and pursue the matter.
The Utilities Director and the City Manager addressed
the issue.
TAPE I - SiDE II (7:51 pm.)
The Finance Director noted, regardless of City Council
action on the rates, that the city will be billed for
the surcharge by Indian River County in accordance
with the takeover agreement.
City Council discussion followed. The City Manager
reiterated that the city is legally bound to collect
the surcharge and that hopefully through successful
negotiations with Nelson Hyatt, and without costly
legal costs, the city can attempt to do away with it.
Mr. Pitiak responded to questions by Mr. Freeland.
Regular City Council Meeting
May 12, 1993
Page Five
Staff responded to rate inquiries posed by Mrs. Damp.
The City Attorney expressed concern relative to
"prevailing interest rate per month" on page 3 of the
rate structure and "prevailing interest rate on state
board" was arrived at.
It was the consensus of City Council to permit Mr.
Pitiak to ask the City Attorney whether a public
hearing is required for adoption of this resolution.
The City Attorney said City Council has the ability
to adopt rates by resolution.
The City Clerk inquired whether this item can be
adopted since it was carried over from a workshop and
the City Manager responded that this is a regular
meeting and that he specifically placed it on this
agenda for adoption.
MOTION by Corum/Oberbeck
I make a motion Council accepts Resolution No.
R-93-23.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
93.122
Proposed Ordinance No. 0-93-12 and Resolution No___=.
R-93~17 - ~ ~ Clerk ReGQmmendation
d~ted 4122193, ~ 0-93-12, Resolution
~ - begis~ative Versions)
The City Engineer explained the proposed code
amendments and recommended that any language relative
to bud vases be deleted.
city Council discussion followed. Mr. Oberbeck
suggested striking the word "lots" throughout and
changing it to "sites". It was the consensus of
City Council to have staff review the wording of the
ordinance.
Mayor Powell called recess at 8:37 p.m. and
reconvened the meeting at 8:52 p.m. Ail members were
present.
5
Regular City Council Meeting
May 12, 1993
Page Six
93.157 C.
Personnel e~ActivitSes ! ~oais ~s~aff
Recommendation ~ ~ Widmann Memo ~ated
4/28/93)
The City Manager gave a brief presentation.
TAPE II - SIDE I (8:53 p.m.)
The Personnel Director briefly explained her
responsibilities, noted that there have been 17
rather than 27 vacancies filled and requested any
input from City Council. City Council inquiries and
input followed relative to implementation of a drug
free workplace policy, ADA and Standard Operating
Procedures. Ms. Widmann was commended for her
report.
9. 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.
Approval of Minutes - 4/28/93 Regular Meeting,
5/5/93 Workshop
93.162
Sunshine Quality Construction - Specimen Tree
Removal - One Oak - Lot 7, Block 52, Unit 2,
Sebastian Highlands (Staff Recommendation dated
4/30/93, Application, Survey, 3/24/93 Council
Minutes, Elder Letter dated 4/16/93)
93.163
Ameron Homes, Inc. - Specimen Tree Removal - One
Oak - Lot 7 & 8, Block 302, Unit 10, Sebastian
Highlands (Staff Recommendation dated 4/26/93,
Application, Survey)
93.164
Prudential Building Co., Inc. - Specimen Tree
Removal - One Oak - Lot 10, Block 456, Unit 17,
Sebastian Highlands (Staff Recommendation dated
5/5/93, Application, Survey)
Regular City Council Meeting
May 12, 1993
Page Seven
93.165 E.
93.166 F.
93.167 G.
SO~ NO. R-93-18 - Vacation of Easement -
Lots 6 & 7, Block 62, Unit 2, Sebastian Highlands
(R-93-18, City Engineer Memo dated 4/20/93,
Application, Survey, Authorization from Frazelle)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING, AND DISCONTINUING THE PUBLIC UTILITY
EASEMENTS OF THE NORTH FIVE FEET OF LOT 6, AND
THE SOUTH FIVE FEET OF LOT 7, BLOCK 62, SEBASTIAN
HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-37, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING
FORAN EFFECTIVE DATE.
Sebastian River Art Club - Request Use of
Riverview Park - 93/94 Season Art Shows -
Standard Conditions (City Clerk Recommendation
dated 4/29/93)
Fraternal Order of Police - Request Rental Fee
Waiver and Alcoholic Beverage for Use of
Community Center - Halloween Party - 10/30/93
(City Clerk Recommendation dated 5/4/93,
Application, FOP Letter dated 5/4/93)
The City Manager read the consent agenda in its
entirety.
Frank Cormier, Sunshine Quality Construction,
addressed city Council on item B - Specimen Tree
Removal Request - referring to a letter from Indian
River County Forestry, Tim Elder dated April 16,
1993. He submitted documentation to the City Clerk
for distribution regarding location of trees.
Mr. Oberbeck removed A, E and F.
MOTION by Oberbeck/Freeland
I move to approve items B, C, D, and G of the
consent agenda.
7
Regular City Council Meeting
May 12, 1993
Page Eight
ROLL CALL:
Mrs. Damp - aye-
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Item A - ADDro~al of Minutes
Mr. Oberbeck questioned the April 28, 1993 minutes,
page 10, regarding the motion to appoint Jean
Brantmeyer to P & Z and noted that the 2-2 vote
failed.
MOTION by Oberbeck/Freeland
I would move that we approve item A with the
corrections.
VOICE VOTE on the motion carried 5-0.
93.165
Item ~ ~so~_~_~QL_~J~NO~ R-93r18 - Vacation of
Easement
Mr. Oberbeck inquired about the existence of the
single family house on the subject easement. The
City Engineer responded that the house is not yet
constructed.
MOTION by Oberbeck/Freeland
I would move that we approve item E of the
consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Following roll call, Mr. Oberbeck noted that the
survey shows a house on the site. Staff requested
time to review the application and respond by memo.
Regular City Council Meeting
May 12, 1993
Page Nine
93.166
Item F - ~ R~ver Art Club - ~ Use of
Riverview Park
Mr. Oberbeck noted that City Council had established
a policy to approve this type of use for only six
months at a time.
MOTION by Oberbeck/Powell
I would move for the denial of item F.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
The City Manager was directed to contact the club.
10. PRESENTATIONS
None.
11.
MAYOR AND CITY COUNCIL MATTERB
A. MaYor Lonnie R. Powell
Mayor Powell expressed concern for overdue property
taxes owed by the city and related personnel matters.
B. ~ Frank Oberbeck
Mr. Oberbeck inquired about progress on basketball
courts. The city Engineer informed him they are on a
priority list and the city Manager said the City
Engineer has seventy projects on his priority list.
Mr. Oberbeck asked that public works employees be
requested to reduce vehicle speed.
C. Mrs. Carolyn Corum
Mrs. Corum inquired whether the city is stockpiling
dirt in the area of Hinchman and stated she had been
told it is an eyesore, inquired about a padded
concrete pole at Barber Street Sports Complex,
and reiterated her recommendation for a scrub tour.
The City Attorney suggested that the tour be
considered a posted public viewing and that City
Council not talk about the matter among itself or
with anyone else.
9
Regular City Council Meeting
May 12, 1993
Page Ten
Tours were scheduled for Wednesday, May 19th and
Thursday, May 27th and the public was encouraged to
attend. Mrs. Corum stated that the City of Sebastian
should retain a City Planner to assist in
environmental matters.
TAPE II -SIDE ii (9:40 p.m.)
Discussion took place on the city's requirements
relative to scrub land.
D. Mrs. No,ma Damp
Discussion took place on changing the date of the
May 18th workshop with the Code Enforcement Board due
to the absence of Mr. DeRobertis. It was decided to
reschedule the meeting at the May 26, 1993 meeting.
E. Mr. Robert FreelaDd
Mr. Freeland inquired whether a non-smoking policy
exists at the Community Center and the City Attorney
said he didn't believe that smoking is allowed in
public buildings under state law. The City Manager
said he would review the law and act accordingly.
Mr. Freeland suggested that the policy relative to
parking cars in Riverview Park be enforced, suggested
an off-road recreational vehicle policy be
established, reported on the meeting regarding
Wentworth ditch, and made inquiries relative to the
April 1993 operating statement.
12. CIT~ ~TTORNE~~
None.
13. CITY MANAGER MATTERS
The City Manager reported on the property taxes owed
by the city on the properties acquired in the GDC
settlement agreement. He explained that the billing
was incorrect in that billing should have been only
for the first four months of 1992 and that the city
owes half of that amount and GDC owes the balance.
He said he was reviewing the oversight and would
report back to city Council.
10
Regular City Council Meeting
May 12, 1993
Page Eleven
93.168/
92.305
93. 141
14. COMMITTEE REPORTS/RECOMMENDATIONS
15.
16.
Mr. Freeland reported on the Treasure Coast Council
of Local Government meeting, stated that if the City
Council had an interest in any special legislation
he would bring it to the TCCLG legislation committee,
stated that he had material available on water and
sewer for staff and noted a proposed $50 assessment
for TCCLG members for this year and $350 per year
thereafter.
Mr. Oberbeck was excused from 10:11 p.m. to 10:13
p.m.
OLD BUS~NESS
None.
NEW BUSINESS
Barber Street Sport.s Complex Design Chanqe (citv
Mana e~ RecommeDdat.~.o.~ dated 5/6/93. Field
Layout)
The city Manager noted that Tom Mead, North County
Recreation, could not remain at the meeting and
reiterated staff recommendation.
MOTION by Oberbeck/Damp
I would move that we direct staff to modify the
plans for the Barber Street Sports Complex to modify
fields #3 and #4 to become universal fields for
either softball or baseball programs.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Cor~ - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Washington Street Environmental Consultant Bids
(Staff Recommendation dated 5/6/93)
The City Engineer reiterated staff recommendation.
11
Regular City Council Meeting
May 12, 1993
Page Twelve
MOTION by Oberbeck/Coru~
I would like to make a motion to award the bid
proposal for Environmental Consulting for a limited
Contaminated Assessment Report for Washington Street
to Viro Group in the amount of $3,175 and direct
staff to prepare contract documents for execution.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
17.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is
Not Otherwise on the Agenda - By Resolution No. R-89-
30 Limit of Ten Minutes for Each Speaker)
93.089
ae
Jan Beach - Tract "D" ~ Tennis-Racguetba~%
Complex (Letter ~ 4/27/93. city ~
Letter ~ 514193)
Jan Beach, 133 Acorn Terrace, Sebastian, objected to
placement of a tennis-racquetball complex on Tract D
and read from a prepared statement which she
submitted to the city Clerk for distribution.
TAPE III - SIDE I (10:23 p.m.)
93.089 B.
Andrew cortez ~ Tract "D" ~ Tennis-Racquetball
Complex {Letter from Cono.ern~ citizens)
Andrew Cortez, 165 Acorn Terrace, Sebastian, objected
to placement of the complex on Tract D.
The city Clerk clarified that those individuals
signed up under introduction of New Business from the
Public will be carried to the beginning of the next
agenda. The City Manager concurred.
18.
Approved at the
Meeting.
Mayor Powell adjourned the meeting at 10:35 p.m.
, 1993, City Council
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Lonnie R. Powell, Mayor
12
i City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: REQUEST FROM FOURTH OF
JULY COMMITTEE FOR ADVENT BALLOON
Approved For Submittal By:
City Manager ~ %
Agenda Number:
Dept. Origin: Community DeveloDment
(BC)
Date Submitted: 05/19/93
For Agenda Of:
05/26/93
Exhibits:
1. Letter dated 5-12-93 from John
Malek
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Fourth of July Committee is requesting permission to have an Advent
Balloon again this year at the 4th of July event at Riverview Park. Size
and location of balloon is outlined in the attached letter from John
Malek.
RECOMMENDED ACTION
Move to approve request from Fourth of July Committee for Advent Balloon
to be displayed from July 2 through July 4, 1993, subject to the City's
receipt of a certificate of insurance from the company providing the
balloon.
of
FOURTI!
OF JULY
May ~2, 1993
Bruce Cooper
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978-0127
'Re: 4th of July - Advent Balloon
Dear Bruce:- - -- ,
I am requesting an Advent Balloon again this year for our 4th
of July event. The size should be the same as last year's,
35' high with a 30' diameter. Also, the location for set up
should be the same as last year -- either the S'.W. corner of
the park, or the N.W. corner of the park.
The balloon should be set up on July 2 and removed on July 4.
The company will provide the city_ with .their cer.t~,ficate of
insurance.
Thank you for your cooperation in this matter and please do
not hesitate to call me at 589-9991 if you have any questions.
Sincerely,
Chairman
805 Indian River Drive · Sebastian, Florida 32958 · (407) 589-4131
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: REQUEST FROM SEBASTIAN
RIVER JR. WOMAN'S CLUB TO UTILIZE
RIVERVIEW PARK
Approved For Submittal By:
City Manager /~
Agenda Number:
Dept. Origin: Community Development
(BC)
Date Submitted: 05/19/93
For Agenda Of:
05/26/93
Exhibits:
1. Letter received 5-12-93 from
Susie Harle of Sebastian River
Jr. Woman's Club
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The G.F.W.C. Sebastian River Jr. Woman's Club is requesting permission
from the City Council to utilize Riverview Park on Saturday, November
27, 1993, with a rain date of Sunday, November 28, 1993, to hold a winter
craft fair. Arts and crafts will be displayed and offered for sale. No
food vendors will be allowed.
Staff has no objections to this request.
RECOMMENDED ACTION
Move to approve the request from the G.F.W.C. Sebastian River Jr. Woman's
Club to utilize Riverview Park on November 27, 1993, with a rain date of
November 28, 1993. This approval is subject to the following conditions:
1. $100.00 security deposit
2. No vehicles within the park
3. Applicant to provide sufficient waste receptacles and
clean up after event.
Page 2
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entrance
ways
6. The sale of premanufactured items is prohibited.
7. Applicant must contact the Health Department regarding
the sale of food (should they choose to do so).
8. The applicant must coordinate with the Police Department
for traffic control.
ROB MCCLARY,
IN REFERENCE TO OUR CONVERSATION ON MONDAY THE 3RD OF .MAY THE
G.F.W.C. SEBASTIAN RIVER JR. WOMAN'S CLUB IS FOR~'~ALLY
REQUESTiN~ THE US~ OF R~VERVIE'W PARK ON SATURDAY THE 27TH OF
NOVE~BER~ AND THE ~BTH OF NOVEMBER FOR THE RAIN DATE.
WE ARE REQUESTING THE USE OF THE PARK FOR OUR iST ANNUAL
WINTER CRAFT FAIR. OUR GOAL IS TO BRING A VARIETY OF CRAFTERS
FROM ALL OVER TO DISPLAY AND SELL THERE PRODUCT.
WE FEEL THIS COULD BE THE START OF AN ON GOING ANNUAL PROJECT
FOR US TO PRESENT TO THE COMMUNITY.
THERE WILL BE NO FOOD VENDORS ALLOWED. THIS WILL BE ONLY FOR
THOSE WHO HAVE ARTS OR CRAFTS THEY WISH TO SELL.
THE EVENT WILL BE SPONSORED BY THE G.F.W.C. SEBAST'IAN RIVER
WOMANS CLUB.
ONCE THIS IS APPROVED BY THE CITY COUNCIL WE CAN START OUR
ADVERTISING IN THE COMNUNITY AND SURROUNDING AREAS.
WE WILL SELL EACH SPACE WHICH WILL BE i0 TO 12 FEET IN LENGTH
FOR $IO. OO.
IF YOU HAVE ANY QUESTIONS PLEASE CONTACT hie AT 589-0~44
OR KATHERINE RINES THE PRESIDENT AT 729--6685
THE G.F.W.C. SEBASTIAN RIVER JR. WOMAN'S CLUB WOULD LIKE TO
THANK YOU AND THE MEMBERS OF THE CITY COUNCIL FOR YOUR
ASSISTANCE IN THIS MATTER.
G.F,W.C. SEBASTIAN RIVER JR. WOMAN'S CLUB
SUSI'E E. HARLE
WINTER FAIR CHARIMEN.
I City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 in FAX (407) 589-5570
SUBJECT: WAIVER OF BID PROCEDURE
FOR COMMUNITY DEVELOPMENT MOBILE
SHELVES
Approved For Submittal By:
City Manager ~
) Agenda Number: .....
)
) Dept. Origin: Community Development
) (BC)
) Date Submitted: 05/19/93
)
) For Agenda Of: 05/26/93
)
) Exhibits: Quotation from
) International Group Marketing
)
)
EXPENDITURE
REQUIRED: $9,327.59
($18,975 already expended)
AMOUNT
BUDGETED: $30,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Community Development Department is currently under construction with
our building addition to store the department's files. This project,
along with a mobile file system similar to the City Clerk's office, has
been budgeted within this current fiscal year.
International Group Marketing, Inc. has offered to sell a mobile system
constructed by "Pipp Mobile Systems" with a five-year warranty and to
honor their contract price established by the Martin County School System.
The contract price (43% discount) through the Martin County School Board
was conducted through their normal bidding procedure.
In order to keep within this year's budget, this proposal will permit the
construction of approximately 70% of the projected total capacity of
shelves, which will serve the department's needs for now. Staff will
budget the remaining shelves for the 93-94 fiscal year.
RECOMMENDED ACTION
Move to approve waiving the bid procedure and authorize the purchase of
"Pipp Mobile Systems in the amount of $9,327.59.
QUOTATION
FROM:
lntern~,.tional Group Marl(eting,
Post Office ]Box 3816
Vero Beaoh,Fla 32964
9-3¥"3 ? /
Mr.Bruoe COoper,Director
City of Sebestian
Building Department
I11¢,
INQU,I. IlY NO,579
DA~: 5/7/93
'rEI~IS: Net 30 days
DELIVERY: 3-4 Weeks
CUS~IE~'I GOODS ARE NOT REIURN-
ABLE, I 1/2% LATE CIIARGE
AFFER 30 DAYS.
Pipp Mechanical Assist Legal Size File
System per 'the attached plan. File cap-
acity for Phase One is 7,896 Useable File
inches with 7 openings per section. Pipp
Carriages are supplied with HPL End Panels
from our standard colors. Metal shelving
is Te~msco L and T File Shelving and
cludes 4 adjustable dividers per shelf.
Pipp Mobile Systems come with a 5 Year
Fac tory Warranty.
City of Sebestian pricing based on Martin
County School ~ard Contract i 91-92:27
i.s 43% discount on all materials,FOB Factory ......... $ 8,177.59
Installation is Net .................................. $ 1,150.00
Jl'repared/~
Aocep I. ed
"~ By Date
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I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Golf Course Promotion
Approved for Submittal By=
City Manager
) Dept. of Origin= Golf Course
)
) Date Submitted 05/19/93
) For Agenda of 05/26/93
) Exhibits=
)- O'Rourke Memo Dated 5/19/93
SUMMARY STATEMENT
The Golf Course allocates $11,300 for promotion. Currently, we
do not have a promotional plan in place. The attached memorandum
outlines a promotion plan for the fiscal year.
RECOMMENDED ACTION
The promotion plan is for City Council review only and no action
is requested or required.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
DATE:
FROM=
RE=
May 19, 1993
Robert
Joseph O,Rourke,
Promotion Plan
MEMORANDOM
S. Mcclary, city Manager I
Oolf Pro-Manager~
The Golf Course Budget allocates $11,300 for promotion.
Additionally, we have $2,800 set aside for the Junior Golf
Program. Golf course play is highly seasonal and most of the
promotional efforts must be geared to the nine month off-season
from mid-March to mid-December. The following plan outlines the
proposed promotional efforts for the balance of the Fiscal Year,
September 30, 1993.
Brochure - By mid-June, we hope to have a promotional
brochure published and placed in strategic visitor
areas such as motels, bed and breakfast, time share
resorts, real estate offices, health clubs, sporting
shops, and both the Sebastian and Palm Bay Chambers of
Commerce.
Cable TV - We plan to purchase scroll advertising on
the public access channel, Channel 35, of Falcon Cable
TV. Additionally, we are investigating the cost of
commercials through the cable TV system which would
appear on certain satellite stations such as ESPN, CNN
or the Weather Channel.
Newspaper Advertising - We need to get away from ads
which have too much detail and do more promotional
advertising. Since our effective market area is
approximately a twenty mile radius, we would target
display ads for the Sebastian Sun, Veto Beach Press
Journal and Florida Today.
Robert S. McClary
May 19, 1993
Page ~2
10.
11.
12.
Radio Advertising - I suggest purchase of short spots
advertising specials.
Visitor,s Channel - A local company operates the
Visitor's Channel, which is a continuous play television
advertisement which is shown in area hotels and motels.
We are investigating the costs.
Special Events - We plan to host a number of special
events including the Longest Day of Golf for the
American Cancer Society on June 21st, the Oldsmobile
$camble on June 5th, a Fourth of July Tournament,
member/guest days and the purchase of certain logo
items such as bag tags.
Junior Golf - This year, we will have no limit to the
number of youths participating in Junior Golf. The
first session will begin June 8th and run for six weeks
and the second session will begin July 20 and run for
four weeks.
Free Golf Clinics - I plan to offer a free golf clinic
to the public once a month. The June clinic will be for
men and women, the July clinic for men only, the August
clinic for men and women, and the September clinic for
women only.
Guest columnist - I plan to submit a weekly column to
the Sebastian Sun for the "Golf Tip of the Week".
Tournament Play - We hope to enhance tournament play
through advertising. We also plan to do a direct,
individualized mailing to all organizations who have
sponsored tournaments in the last three years.
News Releases - We will issue news releases announcing
winners, numbers of players, etc. for all special
events such as Junior Golf, special tournaments, and
association play.
Highway Signs - We need to upgrade the directional signs
along area highways. We need to place more signs and the
signs need to be stategically placed. Also, we need to
erect a new entrance sign in a triangle form at the main
entrance at Main Street and Airport Drive East.
/sg
Promotional Item
1. Brochure
2. Cable TV
3. Newspaper
4. Radio
5. Visitors Channel
6. Special Events
7. Junior Golf
8. Golf Clinics
9. Newspaper Column
10. Tournament Play
11. News Releases
12. Highway Signs
13. Entrance Sign
TOTAL
Promotion Line Item
Junior Golf
TOTAL
PROPOSED BUDGET
Budget
$1,500
800 (300 scroll, 500 commercial)
2,100 (3 newspapers)
1,000
1,150 ($650 production +2 mos)
1,600
2,800
30O
--0--
850
--0--
2OO
1.800
$14,100
AVAILABLE REVENUES
$11,300
$14,100
I
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Personnel Directors
Salary
Approved for Submittal By:
City Manager
7!
Agenda No.
Dept. of Origin: City 'Manager (REM)
Date Submitted 05/19/93
For Agenda of 05/26/93
Exhibits: None
SUMMARY STATEMENT
On December 2, 1992, the City Council established a starting salary
range for the position of Personnel Director of $26,000 to $30,000.
Effective February 22, 1993, Wendy Widmann was appointed Personnel
Director with a starting salary of $30,000. I started Wendy
Widmann at the top of the salary scale because her qualifications
and abilities far exceeded those minimum requirements outlined in
the job description. On June 1, 1993, her salary will be increased
to $32,000. Historically, newly hired department heads' salaries
have increased $2,000 approximately six (6) months from their date
of hire. On October 1, 1993, her salary will be increased to
$34,000. I wanted to establish her salary for fiscal year 1994 in
order to avoid any appearance of self serving interests should she
perform any salary evaluations at budget time. Because it was
unusual to establish a salary for a twenty (20) month period, I
called each individual member of the City Council and requested
their concurrence. I have done this several times in the past in
appointing department heads.
Unfortunately, the City does not have a policy governing salary
ranges for department heads as it does for all other employees.
Traditionally, the City Council sets a starting salary range and
then set salaries for department heads with the adoption of each new
budget.
Recently, i have reviewed this matter with the City Attorney since a
question was raised that my actions may not have been within the
Florida Sunshine Law. City Attorney, Charles Nash has concluded
that there was no violation of Sunshine Law since i did not convey
the opinions of one member of council to another. However, Attorney
Nash suggested that I place this matter on a City Council agenda for
concurrence. In retrospect, I wish that I would have placed this
matter for City Council concurrence in January when the matter first
came up.
RECOMMENDED ~CTION
Move to concur with the salary established by the City Manager for
the Personnel Director as outlined above.
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Changing Banks for the
Consolidated and Payroll
Accounts
Approved For Submittal By:
city Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits: 1.
5.172_
Finance {MS)
5-19-93
5-26-93
Memo from
Finance Director
dated 5-19-93
EXPENDITURE
REQUIRED: NONE
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The quality of service delivered by First Union Bank has
steadily eroded to the point where the City finds it
impossible to remain a customer there. Proposals were
solicited from two qualified local banks, Barnett and Indian
River National. Both rated evenly and pursuant to city Code
Section 2-112, the selection of investments of regular funds
shall be made by the Finance Director. Indian River National
was chosen. No action is required by City Council as this is
for informational purposes only.
RECOMMENDED ACTION
None required.
ADMINISTRATION § 2-112
Sec. 2.111. Investments-Classes and types.
(a) There shall be two classes of investments:
(1) Regular funds. Regular funds consisting of all funds in any general or special account
or fund of a unit of the city which in reasonable contemplation will not be immedi-
ately needed for the purposes intended.
(2) Trust funds. Trust funds consisting of those funds, determined by resolution, in a
special account or fund or are surplus funds which in reasonable contemplation will
not immediately be needed for the purposes intended.
(b) There are two types of investment funds:
(1) New money. Funds which have been newly acquired by the city.
(2) Old money. Funds which have been invested originally according to the provisions of
this section and which require reinvestment.
(Code 1980, § 2-76)
State law references-Municipal investments, F.S. § 166.261; investment of public funds,
F.S. ch. 280.
Sec. 2.112. Same-Selection of regular funds.
(a) Selection of investment of regular funds shall be made by the director of finance,
subject to the following conditions:
(1) New money shall be invested with the financial institution having an established
place of business within the city which offers the highest percentage yield for the
amount and time offered; provided, however, if an additional one-half of one percent
or greater percentage yield thereon can be obtained from a financial institution out-
side the city limits, new money may be invested outside the city limits.
(2) Old money shall be invested with the financial institution holding the fund subject to
reinvestment unless a yield of an additional one-half of one percent or higher can be
obtained from another f'mancial institution. The same local investment restriction as
specified for new money shall apply to reinvestment of old money.
(b) Security for regular funds investments shall be required as follows:
(1) The security to be given by such financial institutions as may be designated under
subsection (a) of this section shall consist of:
a. Direct obligations of the United States;
b. Bonds or certificates of the several states;
c. County and municipal bonds or certificates; and
d. County or district school time warrants issued by any of the counties, school
districts, or cities of the state, or by any of the state agencies, departments or
commissions authorized to issue bonds or certificates, or issued by authorities
created by the state legislature.
CD2:13
§ ~,-112
SEBASTIAN CODE
Such bonds or cerf~ficates may be general obligations of the issuing authority or they
may be secured by utility revenues, or other revenues, or by excise taxes, or they may
be secured by a l~,~ted, ad valorem t~x; provided, however, that none of the foregoing
bonds or certificates shall be accepted as security for the funds mentioned in this
section unless they shall have qualities pertinent to bank investment; and provided
further, that except as to direct obligations of the United States or funds the payment
of whose principal and.interest is guaranteed by the Un/ted States or federal certif-
icates of indebtedness, or state, county or municipal general obligation bonds, the
bonds or certificates mentioned in this section shall be rated in one of the highest four
classifications by established nationally recognized investment rating services.
(2) In lieu of the actual depositing of securities provided for in this'section, the director
of finance may'accept a safekeeping receipt issued by any federal reserve bank or
member bank thereof, or by any bank incorporated under the laws of the United
States. The director shall maintain a I/st of all security placed in cdty deposits and
shall periodically and~t such list of securities for each £mancial institution main.
ta/ning a deposit of city funds to confirm and validate the safekeeping of the securities
pledged to the city.
(3) The d/rector of tin,ce may accept a telegram from s_n approved bank for a period not
to exceed four working d~ys pending the actual receipt of a safekeeping receipt,
provided the tele~ram authorizes and empowers the approved bank having actual
physical possession of such securities to surrender, release or deliver the securities or
any part thereof only to the director of finance upon the sole written direction and
authorization of the bank issuing the telegram to the director of finance.
(c) All regular funds whichin reaso~le contemplation ~ not be immed~tely needed
by the city for the purposes intended are to be placed in a pool investment account. Funds from
the pool investment account are then to be invested in accordance with the procedure pre-
scribed in subsections (a) and lb) of this section. At the end of each fiscal year an average cash
balance available for investment, through the pool investment account, shall be computed for
each respective fund. The total amount of interest earned that year shall he prorated to each
contributing fund in accordance with the a~,erage yearly balance that was available for in-
vestment in the pool investment account.
(Code 1980, § 2.77)
State law references-Surplus funds, investment, F.S. § 166.261; investment of public
funds, F.S. ch. 280.
Sec. 2-113. S-me-Selection of trust funds.
(a) Selection of investment of trust funds shall be made by resolution of the council, upon
the recomr~endation of the director of £mance and the city manager.
(b) Such funds may be deposited in the local government surplus funds trust fund, as
created by F.S. § 218.40 et seq., as amended, or shall invest moneys in the trust fund with that
degree of judgment and care, under the circumstances then prevailing, which persons of
CD2:14
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I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM.
DATE=
TO=
FROM=
SUBJECT=
May 19t 1993
Robert $. McClary, City Manager
Marilyn P. Swichkow, CPA, Finance Director
Changing Banks for the Consoliaated
ann Payroll Accounts
The consolidated and payroll checking account for the City of
Sebastian are presently with First Union, Sebastian. The quality
of service delivered by First Union has steadily eroded to the
point where the City finds it impossible to remain a customer of
First Union Bank.
Pursuant to city Code, Section 2-112, the selection of investments
of regular funds shall be made by the Director of Finance, provided
that if the money is moved out of City limits there shall be a
yield of at least one-half of one percent more. Further, the
banking institution shall be a qualified public depository pursuant
to Chapter 280, Florida Statutes.
Presently there are three qualified public depositories in the city
limits of Sebastian and they are, First Union, Barnett, and Indian
River National. Proposals were solicited from Barnett and Indian
River National with First Union being excluded from consideration.
In evaluating the proposals, several factors were given prime
consideration. The most important, of course, is the quality of
service delivered. Of a secondary consideration are such things as .
the amount of interest earned on local accounts since most of the
city's surplus funds are wired to the State Board Investment Pool
and called down as needed. In addition, neither bank.will make a
per item charge as long as certain minimum balances are maintained.
In conclusion, it was determined by past history of service from
the individuals at the local Barnett and Indian River National
banks, to be a toss up. Both banks are competitive and appear
reasonable for the banking services desired by the City.
The Finance Director has chosen to move the City's Consolidated
checking and Payroll accounts to Indian River National Bank at the
earliest feasible time.
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VERO BEACH OFFICE
958 20TH PLACE
P.O. BOX 1030
VERO BEACH, FLORIDA 32961-1030
(407) 569-9200
RIVER
"'~NATIONA L
SEBASTIAN/ROSELAND OFFICE
13600 U.S. HIGHWAY 1
ROSELAND PLAZA
SEBASTIAN, FLORIDA 32958
(407) 388-1200
May 17, 1993
Ms. Marilyn Swichkow
Finance Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
RE: Proposed Depository Services for the City of Sebastian
Dear Ms. Swichkow:
Indian River National Bank is an approved public depository.
Enclosed are the documents verifying same.
The bank proposes to offer an interest bearing general checking
account and a non-interest bearing payroll account as follows:
No monthly service fees or per item fees on payroll
account as long as the city maintains general operating
account with the bank. City will pay for printed
checks.
2. No charge for lock bag service.
3. No charge for wire transfers.
4. No per item charges.
5.. Monthly flat service fee on general account as
follows:
NONE if average
more
collected balance of $75,000 or
$ 5O.00
if average collected balance less than
$75,000. but not less than $50,000.
$100.00 if average collected balance less than
$50,0OO.
The bank will pay interest at a rate equal to the
Sebastian Hometown savings rate less 50 basis points.
The current hometown savings rate is 3.50% which means
your account at this time would earn 3.00% accrued daily
on the average collected balance.
iNDIAN RIVER NATIONAL BANK HOMETOWNBAN~NGATITSBEST
City of Sebastian
May 17, 1993
Page Two
Bank can originate ACH transactions should the city wish
to utilize electronic banking functions.
Should any city employee
paycheck with the bank
service charge.
wish to direct
we will waive
deposit their
their monthly
Bank will cash city payroll checks at no charge
proper identification.
upon
Please call with any questions
services.
Charles H., Lavin
President
or inquiries about other
banking
CHL:eae
Barnett Bank of The Treasure Coast
Barbara E. Tilton
Vice President
Branch Manager
April 6, 1993
13555 US Highway 1
Sebastian, Florida 32958
407/770-3841
Marilyn Swichkow
City of Sebastian
1225 Hain Street
Sebastian, FL 3295S
Dear Marilyn:
As we have discussed, Barnett Bank would be pleased to have
the City of Sebastian as a deposit customer. We can offer
the accounts you require on an interest bearing basis
at the City's present level of activity with no service
charges. Averaqe balances in the combined accounts could go
to as low as about $200,000 before charges would be incurred.
As you are presently keeping about twice this amount, this
would allow greater opportunity for investment of the excess
funds. Also, we would give the City of Sebastian a total
credit towards the first order of checks in the amount of
$300.00. Regular expenses for printing of checks (if ordered
through the bank) would be the only service directly charged
to the account as long as the above average balance is
maintained.
We can also provide services to City employees such as direct
deposit of payroll, package products such as Edge Accounts,
Senior Partner Accounts, and Premier Accounts. We will also
offer employees a 1/4% discount (1/2% with an auto-debit from
their Barnett account) on the stated rate on new installment
loans.
In banking with Barnett, the City accounts will receive
priority attention as you are a very valued customer. I look
forward to working with you and hope that you will call if
you have questions or concerns.
Sincerely,
Vice President
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
Taxes for Property Acquired )
from General Development
Corporation as a result of
the Settlement Agreement
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits: 1.
Finance
5-19-93
(LWN)
5-26-93
Schedule of
Parcels and
Amounts owed on
each.
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: $11,613.79
BUDGETED:-0-
REQUIRED: $5,806.90
SUMMARY STATEMENT
As a result of the settlement agreement with GDC, the City has
agreed to pay one half of the balance due for 1992 taxes. The
total bill for all parcels is $11,613.79 as calculated by the
Tax Collector's office. The City's portion amounts to
$5,806.89. The City will pay the total amount of $11,613.79
and collect the balance from Gulf Atlantic. There were no
funds allocated for this expenditure in the fiscal 93 budget
and, therefore, an appropriation of $5,806.90 needs to be
authorized from the general fund unencumbered balance.
RECOMMENDED ACTION
Move to appropriate $5,806.90 from the general fund
unencumbered balance and authorize the payment of $11,613.79
to the Indian River County Tax Collector for the 1992 taxes
owed on the GDC property settlement.
~ooo/-~oo~~ ooool
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]~. _ .L't'_~I-)_~£Rq...¢_.(!:-3_~._¢_:O.?Acj,/~ .,/_1 1 t I~t/~f~. I11111~ I 1.4,1~,r qqll ~;-¢"
I City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: MEMBERSHIP APPOINTMENT
TO THE CODE ENFORCEMENT BOARD
Approval for Submittal By:
City Manager
) Agenda Number: ~'7~/c.,,./.!
)
) Dept. Origin: ,Community Development
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
)
) 2.
) 3.
) 4.
) 5.
) 6.
~/2o/9~
5/26L~
(BC)
Letter dated March 15, 1993 from
Louis Nicolini
Application for Louis Nicolini
Application for Jean Brantmeyer
Application for Alarico Mascarenhas
Application for Vernon Slavens
Application for Keith D. Miller
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SU~SARY STATEMENT
At the Code Enforcement Board meeting of May 19, 1993, a motion was made by
Wayne Tozzolo and seconded by Vice Chairman Fischer to recommend to City
Council the reappointment of Louis Nicolini for a second term expiring in 3
years (June 1996).
RECOMMENDED ACTION
Move to recommend to City Council reappointment of Louis Nicolini for an
additional 3 year term which will expire June 1996.
CITY OF SEBASTIAN
APPLICATION TO SERVE ON CITY BOARD
I 1.
BUSINESS ADDRESS:
6. BUSINESS' "TELEPHONE ::' ' '
7. ~ SOCIAL 'SECURJCTY NUMBER
8.- DR~VERS nICENSE' NUMBS:
l~..-,,,Vqter registration no.' ,' ''..'
..',>" ~ ,.~,.,..,..:, ... , ....
1~.' Are.you'a residen='~f the' Ci~* : -%-"
., ;.....,~.~
12. '"nengtht:, °f',-. ,Resi~enc~. .. .._.-
~3- Do ~Ou hold a ~ub2i¢ office? -.
14.
15.
DO. you serve o_n.._ a CttsC Board at present? .Yes.. No_~
PLEASE CHECK THE BOARDS YOU ARE 'INTERESTED IN SER%~-N~ ON:
*~0ARD OF ADJUSTMENT ' CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD
~ARKS AND RECREATION
*PLA~NING AND ZONING
HANDICAPPED COMMITTEE
16.
What qualifications do you have to serve on this board?
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City of Sebastian I
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
.TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I
I
M E M 0
TO: Earle Petty, Chief of Police
FROM: Kathryn M.. O ' Halloran, City Clerk I
SUBJECT: Investi.qatlon _- ~ ~
Louis W. Nicolini, Sr~ I
DATE: May 6, .1993 ' . I I
Attache.d please f.~nd board reapplication of Louis W. Nicolinl,
toSr' fOrservelnVestigatxOn,on a City Board.in accordance with Resolution No. R-89-13 ' I
/js i
Enclosure
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SEiIAS'rlAN
POLICE
DEI'ARTI~I Ir, NT
Ealle L. Polly, Chic! o! Police
Post OIIIce ~lox 71101:
Sebesllan, FL 32g?B-Ol;
MEMUI1ANDUM
DAlE :
IU :
FRLH :
SUtUECI:
May 12, 1993
Kathryn M. O'Halloran, City Clerk
lnvestluator W~ll i_e P~nder
Want/Warrant Cl,eck - AplJllc§!iL
Louis W. Nicolini, Sr.
A check rot wants/warrants For the above referenced applicant/board
.enOer reveal that:
¢'~ Ne active want or warrant Fur.subject is [,,, rile.
( ) gn active ,arra, t ur ,ant dues exist and relle~ up ~111 occur.
~ HO~ ~1~ r~. ~iv~'s hic~e .
Investloator ~ '~ '
Sebastian Police ~euartne. t
APPLICATION TO SERVE ON CITY BOARD
I ~' u / '""'
(use add&%&onal shee~s ~ n~c~ss~ or sub~&~ res~ if ~va&labl~)
12. Length of Residency
13. Do ~ou hold a public office? Yes No
14. Do you se~e on a City Board at Dresent? Yes No
15.
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD ~
*CONSTRUCTION BOARD
*PLANNING AND ZONING /~'
HANDICAPPED COMMITTEE
16./_.What qu. alificati~ons do.yoD ha. we to serve ~n this_board?
.- , /' '---'
17. What reasons do you have for wis~i~g to se~e on an adviso~
,.,~ beard? ~' /' /
,-
SEIIASTIAN
Di;I'A.II~ I M I;N'I'
Emle k. Polly, Chle! el Police
!
Sebasllan. FL 32g78
(407)
MEMUR~NDUM
DalE
March 19, 1993
IU :
FI'IUd :
SUUJECI'.'
Kathryn M. O'H~lloran, City Clerk
Inves[iuaLor Gary McCarthy
Want/Wa[rail[ Ul~ck - aplJllcant Jean SraRtmeyer
check for wants/warrants rot the above referenced applicant/board
meaber reveal ti,al:
~ No active .ant or warrant rot .subJect Is t., rile.
( ) an active .arrant ur .ant does exist and folio, up wlll occur.
~nyes.t!g~_r.. .
~eoashan Police Deuart,e,,t ~,~
· . !
I City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
TO:
- FROM:
SUBJECT:
M ~ M O
Earle Petty, Chief of Police
Kathryn M. O'Halloran, City Clerk
Investiqation - Board ADDlication
Jean Brantmever
DATE:
March 16, 1993
Attached please find board application of Jean Brantmeyer
for investigation, in accordance with Resolution No. R-89-13,
to serve on a city Board.
/js
Enclosure
.
3.
4.
NAME: ,-TX ~/C
HOME ADDRESS
APPLICATION TO SERVE ON CITY BOARD
HOME TELEPHONE:
BUSINESS:
5. BUSINESS ADDRESS:
6. BUSINESS TELEPHONE: A/~
7. ~ SOCIAL SECURITY NUMBER:
8, DRIVERS LICENSE NUMBER:3&/~5,~-~3'-2f?-~
9. RESUME OF EDUCATION AND EXPERIENCE:
(use additional sheets if necessary-or submit resume if available)
Length of Residency
Do you hold a public office?
Do you serve on a City Board at present?
10. Voter registration no. ~/~ ~7/
I 11. Are you a resident of the City? Yes X No
13. Yes~ No~
I 14. Yes No_~
15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING 0~[
I (Please number in order of preferen=e..w~th.,first choice '
being "1") -, '' ,~ ........
*BOARD OF ADJUSTMENT
i CEMETERY COMMITTEE
16.
*CODE ENFORCEMENT BOARD 2
*CONSTRUCTION BOARD --
*PLANNING AND ZONING / ~/o~ ,~-/,~
HANDICAPPED COMMITTEE .._~___ ..............................
What qu~iificatio~s do you have to serve on this board? ,~.
~q Y~5 ~,o,,~o~ ~-~c ,~Z~. ~r'-/~.~ ...... :.. .. - -
17.
What reasons do you have for wishing to serve on an advisory
board:~t,r,,./l..C., ,/,,,- r~, ~ ,,..~ ~ , ' d~ ,4- . ,~,,.,, ~ ~ ,~, ,,.,,-,/ ,,. ,,
/ /"~
5/7/93
ALARICO(ERIC) C. MASCARENHAS
842 HAVERHILL AV
SEBASTIAN, FL 32958-4478
407-388-1430
RESUME
EDUCATION: MS Computer Science 6/77, Union College, Schenectady NY
BS Electrical Engineering 6/56, University of Illinois, Urbana IL
PROFESSIONAL EXPERIENCE:
IRCC, Adjunct Instructor, Computer Science 10/91 - 9/92
BCC, Adjunct Instructor, Computer Science 04/93 - present
*TEACHING CERTIFICATE 8/91-8/96 COMPUTER SCIENCE prebaccalaureate
IBM Corp, Advisory Engineer, Main Frame computers 6/56 - 7/91
(took early retirement).
VOLUNTEER WORK:
Harbor Branch Oceanographic Institute, drafting & photography depts
Adult Literacy Service, student/tutor computer data base design
Sebastian Library, client/staff Personal Computer usage support
St. Vincent de Paul Thrift Store, cash register person
PERSONAL QUALITIES:
Initiative, ability to work with people, oral and written ability,
dependability, community service oriented, personable.
FRATERNAL ORGANIZATIONS:
Knights of Columbus since 1976. Presently Recorder of Sebastian
Council #8009.
AVAILABILITY:
Now
SEIIAS'I'IAN
POLICE
Emle k. Polly, Chic! of Police
Pos! OIIIce Pox 71101;
Seba$11an. rL 32gt8-01'
Illll
Iq E H O II fl tt D U M
DalE :
IU :
FRLH :
SUt3JEUr:
March 12, 1993
Kathryn M. O'Halloran, City Clerk
i~vestIua[or Gary McCarthy
Wanl/~arrant Cl~eck - AplJllcai~t
Alarico C. Mascarenhas
check for wants/warrants rot the above referenced applicant/board
.enter reveal ti,at:
~ No active sal,t or warrant rot.subJect Is o, rile.
( ) An active warrant or want does exist ar,d rollow up will occur.
5ebastlar, PolIc~ Oet~artne,,t ~5~
TO:
FROM:
SUBJECT:
DATE:
I
City of Sebastian I
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
M E M O
Earle Petty, Chief of Police
Kathryn M. O'Halloran, city Clerk
Investiqation - Board Application
Alarico (Eric) C. Mascarenhas
March 10, 1993
Attached please find board application of Alarico C. Mascarenhas
for investigation, in accordance with Resolution No. R-89-13,
to serve on a City Board.
/js
Enclosure
APPLICATIO~N T__O SERVE Q,N CITY BOAR, D:
,
3. HOME TELEP~O~:: 5'? 9- g
5. BUSINESS ~DRESS: '
8, DRIVERS LICENSE ~BER
RESmE OF EDUCATION AND EXPERIENCE: ~XO ~g- P
11. Are you a resident of the City? Yes ~No,
12. Length of Residency O ~/,-~
13. Do you hold a public office? Yes No
14. Do you se~e on a Ci~ Board at present? Yes No
15. PLEASE.~HECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please n~ber in order of preference with first "choice .
being "1" )
*BOARD OF ~STMENT
CEMETERY CO~ITTEE
*CODE ENFORCEMENT BOARD "' f'
*CONSTRUCTION BOARD
*PLYING ~D ZONING
- HA~ICAPPED CO~ITTEE --
16. What qualifications do you have to se~e on th.is board?
/ ." ~ - , .... , : -: ..... . ,,
~d ,~ Z, ~ .....................
17. What reasons do you hage for wishing to se~e on an adviso~
board?
SEIIAS'I'IAJ
POLICE
I) I;,I'Ai{TIH F. N'I'
Emle L. Polly, Chief of Police
Iq E H U R ti 1t D U M
!
Post Olllce Box
Sebastian. FL 32978-0
{407} 5m
IJ/~IE:
IU :
FflLt.t :
SLUJECI' :
March 17, 1993
Kathryn M. O'Halloran, City Clerk
InYestiua[ur Gary McCarthy
Wanl~a[ranl Cl~eck - tiplJJlcarl[
check for wants/warrants [[,[ Ute above
n~iJer reveal that:
Vernon Slavens
referenced ap[d lcant/board
No active ,a,,t ur .arrant rot .subject Is t,n file.
tin active ,arra,,t or ,ant does exist and follou up ulll occur.
Sebastian Police Ueuartne,,t
City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 tn FAX (407) 589-5570
M E M O
TO:
-FROM:
SUBJECT:
Earle Petty, Chief of Police
Kathryn M. O'Halloran, City Clerk
!nvestiqation - Board ADolication
Vernon Slavens
DATE:
March 15, 1993
Attached please find board application of Vernon Slavens
for investigation, in accordance with Resolution No. R-89-13,
to serve on a City Board.
/js
Enclosure
.
3.
4.
APPLICATION TO SERVE ON CITY BOARD
NAME:
Kelth D. Miller
HOME ADDRESS:
HOME TELEPHONE:
961 Riviera Avenue
(407) 388-9004
BUSINESS: Retired
5. BUSINESS ADDRESS:
6. BUSINESS TELEPHONE:
7. ~ SOCIAL SECURITY NUMBER:
8_. DRIVERS LICENSE NUMBER:
9.
RESUME OF EDUCATION AND EXPERIENCE:
Attached
(use additional sheets if necessary or submit resume if available)
10. Voter registration no.
11. Are you a resident of the City?
Yes X No
12. Length of Residency
4 years
13.
14.
15.
DO yOU hold a public office?
Yes No X
Do you serve on a City Board at present? Yes No X
PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLA/TNING AND ZONING ~
HANDICAPPED COMMITTEE
What qualifications do you have to serve on this board?
I have 20 years of plumbing experi.e, nce.
17.
What reasons do you have for wishing to serve on an advisory
board?
I would like to help in evaluating and improving the needs
\.
of Sebastian' s fast-growing, pppulation/community.
OBJECTIVE:
EXPERIENCE:
1983 - 1985
1975 - 1983
1971 - 1975
1969 - 1971
1966 - 1969
Keith D. Miller
961 Riviera Avenue
Sebastian, FL 32958
(407) 388-9004
Seeking a responsible and rewarding plumber's position where
previous experience, ability, and education will be of mutual
value and allow for potential growth in a new fled of endeavor.
THE DEPARTMENT OF MARINE AND AVIATION
Plumber
Duties include:
- Supervises/directs and is responsible for plumber's helpers in
a%tering, repairing, extending, and maintaining plumbing,
drainage, and gas systems
- Makes decisions relative to methods of doing work
- Prepares work schedules
- Makes work assignments
- Inspects equipment; fixtures, and piping systems in order to
be able to properly maintain
- Prepares job orders and requisitions for tools, materials, and
equipment
- Keeps records and makes reports
THE DEPARTMENT OF CORRECTION
Duties include the same as above
AL TROMER PLUMBING COMPANY
Duties include:
- Assisted plumber in preparing tools and materials for work
- Obligated for on-the-Job clean-up
- Responsible for plumbing vehicles
- Maintained plumbing shop
- Performed related duties
SERVED IN THE UNITED STATES ARMY
R. J. LYNCH, INC.
Duties include:
- Spray-painting, sandblasting, welding, and torch-burning of,'
machines
- Repaired bowling equipment
- Renovation of bowling machines and alleys
- Installed bowling machines
EDUCATION:
Community College
- Math
- Computer Science
Bill Marion School for Plumbing
Mechanics Institute
Indian River College
- Bus Driving Course
- Basic Refrigeration
- Floral Arrangements
TO:
~ROM:
SUBJECT:
DATE:
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
M ~ M O
Earle Petty, Chief of Police
Kathryn M. O'Halloran, City Clerk
Investiqation c Board AmDli_catio~
Keith D. Miller
March 12, 1993
Attached please find board application of Keith D. Miller
for investigation, in accordance with Resolution No. R-89-13,
to serve on a City Board.
/js
Enclosure
SEBASTIAN
POLICE
Ealle L. Pelly, Chlel ol Police
Post Olllce Elox
Sebasllan, FL
III
M E M U R/~ II U U M
March 16, 1993
D~IE :
Kathryn M. O'Halloran, City Clerk
IU :
FRU4 : InveslJgalor McCarthy
SUUJEC[ : Wanl/War[anl ElleEk - ~pdllcant Keith D. Miller
~ ct]eck [or wants/warrants rot the above
mi~er reveal lhal:
~ No active waist or warrant for,subject ]s on rile.
( ) An active warranl or want [bes exist and follow up will occur.
referenced appl lcant/board
Investl~[,~ - ~
Sebastian Police Deuarl,e~,t~-''
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Ordinance No. O-93-12
Chapter 34 Cemetery Amendments
APPROVED FOR SUBMITTAL BY:
City Manager: / //~
) Agenda No. ~;/5./~
) Dept. Origin C_~ clerk
)
) Date Submitted 5 / 17 [93
)
) For Agenda Of 5/26/93
)
) Exhibits: O-93-12 2nd Draft
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARy STATEMENT
The city Council, at its May 12, 1993 regular meeting (as carried from
the May 5, 1993 workshop) reviewed proposed cemetery Ordinance No.
0-93-12 and Resolution No. R-93-17. It was the consensus of city
Council to direct staff to reword the ordinance and resolution for
consistency by changing the word "lots" to "interment sites"
throughout and to delete reference to bud vases. We went one step
further and changed "lots" to "i~-~round interment sites" in those
sections that relate specifically to inground sites and not niches.
The City Manager has amended Sections 4 and 12 of the Ordinance by
adding language to Code of Ordinance Sections 34-9 Pauper's interment
sites to change approval of pauper interment by the "Cemetery
Committee" to approval by the "City Manager" and Section 34-18(a) (3)
Size to further detail marker size requirements.
The City Engineer has reviewed the ordinance and resolution and
concurs with revised drafts.
ordinance No. 0-93-12 will have a first reading at this meeting and I
suggest scheduling the public hearing for June 23, 1993. Resolution
No. R-93-17 will be placed on the June 23, 1993 agenda for adoption
subsequent to Ordinance No. 0-93-12.
RECOMMENDED ACTION
Move to approve the first reading of Ordinance No. O-93-12 and set
public hearing for June 23, 1993.
ORDINANCE NO. 0~93-~2
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING C~APTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
L~NGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
SECTION 34-2 PERTAINING TO TRUST FUNDS; /~MENDING
SECTION 34-7 PERTAINING TO LOCATING OF INT~ SITES;
AMENDING SECTION 34-8 PERTAINING TO EASEMENTS ALONG
INTERMENT SITES; AMENDING SECTION 34-9 PERTAINING TO
PAUPERS' INTERMENT; AMENDING SECTION 34-10 PERTAINING
TO FEE FOR OPENING AND CLOSING INTERMENT SITES OTHER
THAN DURING WORKING HOURS; AMENDING SECTION 34-11
PERTAINING TO INTERMENT SITE PRICES; AMENDING SECTION
34-13 PERTAINING TO SALE OF INTERMENT SITES; AMENDING
SECTION 34-14 PERTAINING TO APPROVAL OF WORK ON
INTERMENT SITES; AMENDING SECTION 34-15 PERTAINING TO
VAULT OR GRAVE LINER REQUIREMENT; ~MENDING SECTION 34-
16 PERTAINING TO iNTERMENT REGULATIONS; DELETING
EXISTING SECTION 34-17 PERTAINING TO PROHIBITION OF
ABOVE GROUND INTERMENTS; ADDING A 1TEN SECTION 34-17
PERTAINING TO URN SIZE REQUIREMENTS; AMENDING SECTION
34-18 PERTAINING TO INTERMENT SITE MARKERS; AMENDING
SECTION 34-19 PERTAINING TO ARTIFICIAL AND FRESH
FLOWERS; AMENDING SECTION 34-21 PERTAINING TO PRUNING
AND REMOVAL OF VEGETATION; ~MENDING SECTION 34-22
PERTAINING TO PROHIBITION OF ENCLOSURES AND MOUNDS;
AMENDING SECTION 34-24 PERTAINING TO LIABILITY;
AMENDING SECTION 34-26 PERTAINING TO PROCEDURES FOR
RULE VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING
SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED iN-
GROUND INTERMENT SITES; AMENDING SECTION 34-57
PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34-5S
PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian recently purchased and
installed burial niches in the Sebastian Municipal Cemetery; and
WHEREAS, Chapter 34 of the Code of Ordinances of the City of
establishes rules and regulations for the Sebastian Municipal
Cemetery; and
WHEREAS, the City Council deems it necessary to include
rules and regulations for niches in Chapter 34 of the Code of
Ordinances;
WHEREAS, the City Council deems it necessary to amend
certain language in Chapter 34 to provide for niches.
NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION ~.. That Section 34-2 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-2. Trust Fund.
(a) A cemetery trust fund. is hereby established which
will be administered by the Finance Director under the
direction of the City Council.
(b) One-half of the proceeds from the sale of
interment sites in the cemetery shall be deposited into the
trust fund to be used solely for capital expansion of the
cemetery to provide for the plotting, acquisition, watering
system installation and related costs incidental to
providing additional interment sites for future sale.
(c) Funds in the cemetery trust fund not employed in
capital expansion shall not be used for any purpose, but
shall be invested in United States government bonds, or
notes, or in certificates of deposit fully collateralized,
or deposited in a federal savings and loan association
having insured deposits, thereby drawing interest at the
highest rate obtainable. The income from the trust fund
shall be used solely in the operation, care and maintenance,
and for capital improvements of and in the cemetery. As a
part of the consideration for the purchase of such interment
sites, the city obligates itself to use the proceeds of such
sales for no other purpose than as stated in this section."
SECTION 2. That Section 34-7 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-7. Locating of Interment Sites.
Ail interment sites must be located by the sexton or
other designated city official."
SECTION 3. That Section 34-8 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-8. Easement along in-ground interment sites.
An easement is reserved along all in-ground interment
site lines for water, sprinkler system, etc., as identified
in recorded plats."
SECTION 4. That Section 34-9 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
~'Sec. 34-9. Pauper's interment sites.
Pauper in-ground interment and permanent markers for
paupers may be permitted with the approval of the City
Manager."
SECTION 5. That Section 34-10 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Bection 34-10. Fee for opening or closing interment site
other than during workweek.
When an interment site must be located and marked by
the sexton or other authorized city employee for interment
or the site must be opened or closed, and such work is
requested to be performed other than during the regular
working hours of the sexton or other authorized city
employee, then the city shall charge a fee to the funeral
home requesting the services, such fee as set by resolution
of the city council, from time to time."
SECTION 6. That Section 34-11 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
3
"Sec. 34-~Z. Zntez~ent site prices.
Prices of interment sites in the cemetery shall be
uniformly set by resolution of the city council, from time
to time."
$~CTION 7. That Section 34-13 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-~3. Sale of interment sites.
No interment site owner shall allow interments in their
interment site for remuneration, nor shall any transfer of
interest therein be valid except by written consent of the
city. No interment sites shall be bought or sold for
speculation."
SECTION 8. That Section 34-14 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-~4. ~pprowal of work on interment sites required.
No work of any kind may be done on interment sites
except by the cemetery sexton or his designated
representative, excepting opening and closing of in-ground
interment sites by the vault company and installation of
monuments or markers that meet with the cemetery sexton's
approval in accordance with the rules and regulations."
SECTION 9. That Section 34-15 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec, 34-15. Vault or grave liner required.
All interments in standard in-ground interment sites in
the cemetery shall be required to have a concrete vault or
other approved permanent type grave liner installed before
burial. All cremains must be placed in a suitable approved
permanent type container."
4
SECTION 10. That Section 34-16 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended by deleting it in
its entirety and adding a new Section 34-16 as follows:
"Bec. 34-16. Burial of human ~ead only;
interment.
number of
Ail interment sites shall be used for the interment of
human dead only. Number of interment per individual site is
as follows:
(a) Standard In-Ground interment Sites. Only one
interment shall be made in a standard 4' x 8' in-ground
interment site except in the case of: a mother and infant;
two children under one year of age, not necessarily in one
coffin; one coffin and one cremain; and, two cremains.
(b) Cremains in-Ground Interment Sites. Only one
cremains interment shall be made in a 4' X 4' cremains
in-ground interment site.
(c) Niches.
in a niche.
Only one cremains interment shall be made
SECTION 11. That Section 34-17 of the Code of Ordinances,
City of Sebastian, Florida, is hereby deleted in its entirety and
a new Section 34-17 is added as follows:
"Sec. 34-17. Urn size requirement for niche interments.
Urns for interment in niches shall not exceed nine
inches in width, eleven inches in height and eleven inches
in depth."
SECTION 12.. That Section 34-18 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-18. Interment site markers.
(a) Standard and cremains in-ground interment sites.
(1) Design. The following provisions shall apply
to standard and cremains in-ground interment site markers:
5
i. Inscriptions. A marker may contain the full
name of an individual, date of birth and date of death.
in addition, symbolic floral carvings; family crests or
emblems; religious marking; fraternal emblems; suitable
epitaph; and designation as to relationship of the
deceased (such as son, daughter, husband, father, etc.)
may be used.
ii. Veteran's markers. Those markers received from
the Veterans' Administration may include such
information as name, rank, serial number,' date of
death, and other information such as the Veterans'
Administration from time to time places on such
markers.
(2) Placement. Ail cemetery markers shall be either
bronze, marble or granite, and shall be flush with the
ground. No permanent attachments shall be above the marker.
No slabs of any kind will be permitted; provided, however,
to preserve the historic nature of Units i and 4 of the
Sebastian Cemetery, and where there are existing slabs and
aboveground markers, restoration of existing slabs and
aboveground markers will be permitted.
(3) Size.
site markers.
The following size standards shall apply to
i. Flush Markers. Flush markers are
permitted in all sections of the cemetery. Flush
markers for standard 4' x 8' and 4' x 4' sites shall
not exceed 36" in width and 18" in depth and shall be a
minimum of 4" thick. A double marker for two adjoining
(side by side) standard 4' x 8' and 4' x 4' sites shall
not exceed 72" in width and 18" in depth and shall be a
minimum of 6" thick. Bronze markers shall not exceed
24" x 24".
ii. Above ground markers. Above ground markers
are permitted in Units i and 4 only and are allowed
only on standard 4' x 8' sites. Above ground markers
for standard 4' x 8' sites shall not exceed 36" in
width, 48" in height (from ground elevation), and 8" in
thickness. These markers may be erected on a base
which shall not exceed 36" in width, 8" in height, and
18" in thickness. A double marker for two adjoining
(side by side) standard 4' x 8' sites shall not exceed
72" in width, 48" in height (from ground elevation),
and 8" in thickness. These markers may be erected on a
base which shall not exceed 72" in width, 8" in height,
and 18" in thickness. Above ground markers are not
permitted on standard 4' x 4' sites.
6
(4) Alignment. Ail markers shall be in a line
consistent with each other as determined by the cemetery
sexton. Any unapproved marker shall be removed, repaired or
realigned at the monument company's expense.
suitable
company.
Concrete foundation.
concrete foundation
All markers shall have a
provided by the monument
(6) Period for installment after burial. Ail markers
shall be installed within 120 days after burial. -Where this
regulation renders a hardship or presents any special
problems, such as an estate not settled, special
consideration will be given. Request for special
consideration should be made in writing to the Sebastian
City Clerk, Post Office Box 780127, Sebastian, Florida
32978.
(b) Niches.
(1) Design. Ail niche markers shall be bronze
plaques, provided in the cost of the niche, engraved and
installed by the City of Sebastian.
i. Inscription. The bronze marker shall include
the full name, date of birth and death of the decedent."
SECTION 13. That Section 34-19 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Bec. 34-19. ~rtiflcial and fresh flowers.
Artificial flower arrangements will be permitted to
remain until they become faded or unsightly. Fresh flowers
will remain until unsightly. No glass or ceramic flower
containers or ornaments shall be allowed. No wires shall be
allowed to hold flower arrangements permanently in place at
the interment site."
SECTION 14~ That Section 34-21 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-21. Pruning and removal of vegetation.
No trees, plants or shrubs shall be planted, pruned or
removed except by the sexton or person in charge who shall
have authority to do so upon any 'interment site when he/she
may consider such planting, pruning or removal necessary."
7
SECTION 1S. That Section 34-22 of the Code of ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-22. Enclosures and mounds prohibited.
Enclosures of any nature, such as fences, copings,
hedges, ditches, etc., shall not be allowed around any in-
ground interment sites. Earth mounds will not be
permitted."
SECTION 16, That Section 34-24 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-24. Nc liabillty.
The city is not. responsible for
anything placed on any interment site."
theft or
damage to
SECTION 17. That Section 34-26 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-26. Rule vlolations; procedures.
If any of the rules contained in this chapter are
violated, the sexton or other city employee should bring the
matter to the attention of the city clerk for the specific
interment site involved. The city clerk will then notify
the owner of the interment site or his estate or last known
relative by certified or registered mail. The clerk shall
send a copy of the rules and regulations with the specific
items underlined in reference to the alleged violations; and
a brief letter notifying them of the appropriate action
against the violator should the violation remain uncorrected
beyond a reasonable period of time."
~ECTION lS. That Section 34-54 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
""Sec. 34-54. Min~Jnum depth for standard in-ground interments.
Interments in standard in-ground interment sites must
be excavated to at least five feet deep at the shallowest
point. Cremain urns interred in standard or cremains in-
ground interment sites must be covered by a minimum of ten
inches of soil."
SECTION 19. That Section 34-56 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-$6. Use of vehicles on platted in-ground
interment sites.
The vault company and contractor (gravedigger) shall
exercise care in driving a vehicle from cemetery roads onto
platted in-ground interment sites to haul fill for a vault.
Adequate protection by use of timbers, plywood and other
approved devices shall be provided to adjacent in-ground
interment sites. The vehicle shall remain in low gear while
on platted in-ground interment sites and proceed slowly in
and out to the roadway."
SECTION 20. That Section 34-57 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-57. Removal of tent after burial.
The vault company or contractor (gravedigger) shall
remove his tent as soon as practicable after completion of
the ceremony and interment."
SECTION 21. That Section 34-58 of the Code of Ordinances,
city of Sebastian, Florida, is hereby amended to read as follows:
"Sec. 34-58. Removal of excess dirt.
The vault company or contractor (gravedigger) shall
remove all dirt from adjacent gravemarkers, monuments, etc.,
as he completes interment. Surplus dirt shall be hauled to
the spoil site as designated by the sexton or other
designated city official."
9
~ 22. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 23. 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
that the words "ordinance" may be changed to "section",
"article", or other appropriate designation.
~ 24. SEVERABiLITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
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 25. EFFECTIVE D&TE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by Council
Member . The motion was seconded by
Council Member and, upon being put to a
10
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(S~AL)
11
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the veto Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of ,
1993, and that following said public hearing thi'~ Ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
12
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: 1ST READING OF ORDINANCE
0-93-15 ALLOWING CITY TO ENTER
INTO DEVELOPMENT AGREEMENT
Approved For Submittal By:
City Manager /~'~
) Agenda Number: ~-/?~
)
) Dept. Origin: Community Development
) (BC)
) Date Submitted: 05/19/93
)
) For Agenda Of: 05/26/93
)
) Exhibits: Ordinance 0-93-15
)
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
As you are aware, the City has been negotiating with the owners of
Sebastian Lakes Planned Unit Development. They have expressed the need to
enter into a development agreement for the protection of both parties.
The City Attorney has determined that Ordinance 0-93-15 needs to be
adopted, which will authorize the City Council to approve such an
agreement.
Regardless of the outcome of Sebastian Lakes P.U.D., the ability for the
City to enter into this type of an agreement should be a direct benefit
for the City.
ordinance 0-93-15 will only give the City authority to enter into an
agreement. Each specific agreement will have to be ratified by the City
Council.
Due to the City finalizing a possible agreement with Sebastian Lakes
P.U.D., the City Attorney felt this ordinance should be processed
expeditiously.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-93-15 and set public hearing
for June 23, 1993. ~./~.~_~.
95/93/93 14:39 ~ 407 9S1 3741 FP, ESE, NASH et al ~ 02
ORDI~CE NO. 0-93-15
CO~ F~RZDX, PERTAZNZNG TO DSVS~~
~~N~ C~BR 2~ OF THE CODE OF O~IN~CEB OF~E
26-2L0 ~ T~E CODS OF O~~CBS TO PROVIDE THS CITY
CO~C~ W~TH THE ~U~OR~TY TO ~WHOR~ZE T~E ~OR OR C~TY
~E C~TY OF SEB~STI~ P~V~D~NG FOR ~P~L OF O~N~CEB
OR ~TB OF O~N~CE8 ~N ~~CT HE~W~TH~ PROdDiNG
FOR ~NCLU~ON ~N T~ CODE OF ORD~N~CES~ PROVIDING FOR
B~~ZLZTY~ ~PROVZDZ~ FOR~EFF~CT~ DA~E.
~E~, ~he city Council of 2he C~t~ of S~bast[an has
de~e~[ned that it ~s In ~e best ~n~ere~s off ~he C~y of
Sebastian and ~ts residents for ~he Cit~ Council to have
author~t~ to ~pprove the Ctt~enterinq 2nto development aqreements
~n accordanc~ ~th 2he provisions off Sections 163.32~0
163.3243, ~or~da ~tatute~, as a~ended from t~e to time.
NO~ THE~FO~, BE ~T O~~D BY~E ClT~ COUNCIL OF THE C~TY
SECTION 1. Chapter 26 of the Code of ordinance~ o~ the City
of Sebastian is hereby amended by adding a new Article VII
"Development Agreements", ini=ially co~aining new Section 26-210,
to provide as follow~:
"~TIC~VII - D~elopment Agre~en~s.
Beu. 2~-210. Developmen~ ag~e~en~sl ~enerally.
Upon compliance wi~the applicable provisions of the Florida
~=~1 Government Development Agreement Ac~ as ~et forth in Section
163.3220, ~. ~. of Florida S~a~utes, as ~men~ed from =ime
~ime, the City Council shall have the authority, by resolution,
au~orlze the Mayor or City ~anager to enter into a ~evelopme~t
agreement o~ behalf of ~he City with the owner of real property
located in the City of Sebastian which allows ~he property owner
~roceeQ wi~h ~he developmen~ of =h~ owner's real property
accordance with existing laws and policies, subject to the terms
and conditions of the developmen~ agreement."
SECTION 2. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of %he 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 that the words ,,ordinance" may be
changed to "section", "article", or other appropriate designation.
SECTION 4. ~EVEP~ABILITY.
In the event a court cf competent
determine that any part of this
jurisdiction shall hold or
Ordinance is invalid or
'unconstitutional, the remainder of this Ordinance shall not be
affected and it will be presumed that the city Council of the city
of sebastian did not intend to enact such invalid or
uncon~titutional provision. It shall further be assumed that the
city Council would have enacted the remainder of this Ordinance
by
without said invalid and unconstitutional provision there
causing said remainder to remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect immediately upon
final
passage.-
The
Member
foregoing Ordinance was moved for adoption by Council
. The motion was seconded by
and, upon being put to a
Council Member
vote, the vote was as follows=
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
The Mayor thereupon declared this Ordinance
adopted~his
day of , 1993.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
City Cler~
(SEAL)
duly Passed add i
~y:
~nni~ R. ~Well, Mayor
I HEREBY CERTIFY .that notice of public hearing on this
Ordinance was published ~nthe 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 __, 1993, and
that following said public hearin~is Ordln~nc~ was passed by the
city Council.
Kathryn M. O'Halloran, C~C/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
~hari'es'"Ian Nash, C~'~y'"'Attorney
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
~%NNUAL AUDIT FOR FISCAL
YEAR 1993
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits: 1.
Fina,.n.,.ce (MS)
.5,-,,,3.?-9 3
$?~6-93
PROPOSED AUDIT
EXPENDITURE FY 1994 AMOUNT FY 1994 APPROPRIATION FY 1994
REQUIRED: $31,900
BUDGETED: $31,900 REQUIRED: 831,900
SUMMARY STATEMENT
Move
Florida law requires an annual audit of the City.
Chapter 473, Florida Statutes does not allow bidding to
procure audit or attest services.
The City has a good record with its current auditors and has
followed the advice of the Auditor General by requesting and
receiving a change in the supervisory staff assigned to our
audit.
The city expects additional efficiency and savings by
utilizing a CPA firm that is thoroughly familiar with City
operations.
The City will save an additional $1,000 over prior year costs
by typing its own financial statements for a total estimated
audit fee of $31,900.
RECOMMENDED ACTION
to engage the firm of Hoyman, Dobson & Company, P.A.,
Certified Public Accountants, to audit the Comprehensive Annual
Financial Report of the City of Sebastian as of and for the year
ending September 30, 1993 for a price not to exceed $31,900.
HOYMAN, DOBSON & COMPANY, P.A.
CERTIFIED 'PUBLIC ACCOUNTANTS
6767 North Wickham Rd., Suite 500, Melbourne, Florida 32940 (407) 255-0088 Fax (407) 259-8648
Charles W. Hoyman, Jr.
Roger W. Dobson
Barbara J. Oswalt
Eugene K. Bjeming
Thomas L. Kirk
Karen E. Kirkland
May17, 1993
Mayor and City Council
City of Sebastian
Post Office Box 127
Sebastian, Florida 32958
Dear Mayor and Council Members:
We are pleased to confirm our understanding of the services we are to ·provide for the City
of Sebastian, Florida for the year ending September 30, 1993. We will audit the general
purpose financial statements of the City of Sebastian as of and for the year ending September
:30, 1993. The combined statements - all funds and account groups; combining statements
by Fund type; schedule of grant financial assistance, if applicable, .and schedules will be
subjected to the 'auditing procedures applied in the examination of the general purpose
financial statements. Our opinion on these statements and schedules will be expressed in
relation to the general purpose financial statements and schedules taken as a whole. Also;
we understand that your Comprehensive Annual Financial Report will-include the following
information that will not be reported on in our audit Opinions 'on the general purpose financial
statements:
Letters' of Transmittal, etc.
Statistical Information and Schedules
Our audit will be conducted in accordance with generally accepted auditing standards and the
standards for financial and compliance audits contained in the Government Auditino Standards
issued by the Comptroller General of 'the United States, and will include tests of the
accounting records of the City of Sebastian and other procedures' we consider necessary to
enable us to express an opinion as to whether the 'financial statements are fairly presented,
in all material respects, in conformity with generally accepted accounting principles.
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories, and
direct confirmation of receivables and certain other assets and liabilities by correspondence
with selected individuals, creditors, and financial institutions. We will request written
representations from your attorneys as part of the engagement, and they may bill you for
responding to this inquiry. At the conclusion of our audit, we will also request certain written
representations from you about the financial statements and related matters.
American Institute of Certified Public Accountants & Florida Institute of Certified Public Accountants
Private Companies Practice Section of the A.I.C.EA. & Accounting Firms Associated, Inc.
City Council
City of Sebastian
Page Two
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures
in the financial statements; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. Also, we will plan and perform the
audit to obtain reasonable assurance about whether the financial statements are free of
material misstatement. However, because of the concept of reasonable assurance and'
because we will not perform a detailed examination of all transactions, there is a risk that
material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not
be detected by us. We will advise you, however, of any matters of that nature that come to
our attention. Our responsibility as auditors is limited to the period covered by our audit and
does not extend to matters that might arise during any later periods for which we are not
engaged as auditors.
Our audit will also'be made in accordance with Chapter 10.550 and Chapter 10.600, Rules
of the Auditor General and other applicable requirements of Florida law.
We understand that you will provide us with the basic information required for our audit and
that you are responsible for the accuracy 'and completeness of that information. We will
advise you about appropriate accounting principles and their application and will assist in the
preparation .of your financial statements, but the responsibility for the financial statements
remains with you. This responsibility includes the maintenance of adequate records and
related internal control structure policies and procedures, the selection of accounting principles
and the :safeguarding of assets.
We understand that your employees will type all cash and other confirmations we request and
Will locate any invoices selected by us for testing.
Our audit is not specifically designed and cannot be relied on to disclose rePortable conditions,
that is, significant deficiencies in the design or operation of the internal control structure.
However, during the audit, if we become aware of such reportable conditions or ways that
we believe management practices can be improved, we will communicate them to you in a
separate letter.
Our fees for these services will be based on the .actual time 'spent at our standard rates. Our
standard hourly rates vary according to the degree of responsibility involved and the
experience level of the personnel assigned to your audit. Our invoices for these fees will 'be
rendered each month as work progresses and are payable on presentation. Based on our
preliminary estimates, the fee will not exceed 832,900. If the City elects to type the financial
statements, the fee will be reduced by $1,000. This estimate is based on anticipated
cooperation from your personnel and the assumption that unexpected circumstances will not
be encountered during the audit. If significant additional time is necessary, we will discuss
· it with you .and arrive at a new fee estimate before we incur the additional costs.
City Council
City of Sebastian
Page Three
We appreciate the opportunity to be of service to the City of Sebastian and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions,
please let us know. If you agree withthe terms of our engagement as described in this letter,
please sign the enclosed copy and return it to us.
Hoyman, Dobson & Company, P.A.
RESPONSE:
This-letter correctly sets forth the understanding of the City of Sebastian.
BY:
TITLE:
DATE:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: U.S. CONFERENCE OF
MAYORS DEFERRED COMPENSATION
PLAN AS ADMINISTERED BY
PEBSCO/NATIONWIDE
Approved For submittal By:
city Manager
EXPENDITURE
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Agenda No.
Dept. origin
Date submitted
For Agenda of
~ersonnel ,and.
Finance (Ms)
05.17,-93
05-26-9.3 ,.
Exhibits: 1. Resolution No. R-93-24
2. USCM Plan Document
3. USCM Investment
Performance
4. PEBSCO Selection
Letter by School
District of Escambia
County
5. Ranking of PEBSCO/
NATIONWIDE As No. 1
by State Treasurer
REQUIRED: -0-
AMOUNT APPROPRIATION
BUDGETED: -0- REQUIRED: -0-
SUMMARY STATEMENT
The city presently offers eligible employees the opportunity to
participate in an IRS Section 457 Deferred Compensation Plan
through ICMA as the Plan Administrator.
This resolution will provide employees a choice of Plan
Administrators through the U.S. Conference of Mayors Program as
administered by PEBSCO/Nationwide. The PEBSCO program offers
additional investment choices in mutual funds whose performance can
be tracked via the Mutual Funds Valuations published in most
newspapers.
RECOMMENDED ,ACTION
Move to adopt Resolution No. R-93-24 which.will allow employees an
alternative to the ICMA program at no additional cost to the city.
RESOLUTION NO.: R-93-24
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY FLORIDA, ADOPTING ANALTERNATIVE PROVIDER FOR ITS
DEFERRED COMPENSATION PLAN~ PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~
PROVIDING FOR SEVERABILiTY~ AND PROVIDING FOR AN
EFFECTIVE D~TE.
WHEREAS, the City has previously established a Deferred
Compensation Plan to be made available to all city employees,
elected officials, and independent contractors pursuant to Federal
Legislation permitting such plans; and
WHEREAS, certain substantial tax benefits could accrue to
employees, elected officials, and independent contractors
participating in said Deferred Compensation Plans; and
WHEREAS, such benefits will act as incentives to City
employees to voluntarily set aside and invest portions of current
income to meet their future financial requirements and supplement
their City retirement (if applicable) and social Security, at no
cost to the City; and
WHEREAS, The U.S. Conference of Mayors has established a
Master Prototype Deferred Compensation Program for cities and
political subdivisions permitting its member cities and their
employees to enjoy the advantages of this program; and
WHEREAS, The U.S. Conference of Mayors, as Plan Administrator,
agrees to hold harmless and indemnify the city, its appointed and
elected officers and participating employees from any loss
resulting from The U.S. Conference of Mayors or its Agent's failure
to perform its duties and services pursuant to The U.S. Conference
of Mayors Deferred Compensation Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Council hereby adopts the U.S. Conference
of Mayors Deferred Compensation Program and its attendant
investment options and hereby establishes the city of Sebastian
Deferred Compensation Plan for the voluntary participation of all
eligible city employees, elected officials and independent
contractors.
The City Manager is hereby authorized to execute for the City,
individual participation agreements with each said employee
requesting same, and to act as the City Administrator of the Plan
representing the City, and to execute such agreements and contracts
as are necessary to implement the program.
section ~....~ CONFLICT. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision.
It shall further be assumed that the City Council would have
enacted the remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Secto~_~. EFFECTIVE DATE.
upon adoption by the city Council.
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 into a vote, the
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed as
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
BY:
Lonn~e R. Powell, Mayor
Attest:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash
City Attorney
The USCM
Public Employees Deferred
Compensation Pro§ram
Nationwide® GALAXY Annuity- Investment Performance (4th Quarter 1992)
Management Results of Funds in the Deferred Compensation Variable Annuity (Approximate
Percent .Change in Net Assets with Capital Gains and Income Dividends Reinvested)
Average Annual Total Return: Non-Standardized
(Non-Standardized rates of return do not reflect the deduction of all possible charges and/or fees applicable.)
Year Year $ Years 5 Years 10 Years
1992 1991 1/1/90-12/31/92 1/1/88.12F31/92 1/1/83-12/31/92
Aggressive Growth Funds
Mass. Investors Growth Stock Fund** 5.4% 46.3% 13.3% 15.1% 12.3%
~Sum~-~'.~o~,age~ ~u'n~l.:?,,. · ........... . ~ ............. "~'-.' 8.7% .......... ;18.9%-'-*'"'--1-5~~'i1~/I ~5'.8%
Twentieth C?~_ntu_ry Growth Fund - 5.2% 67.4% 14.8% 16.9% 15.3%
.... - "~"!'i?_ '-' ' ..... ~ '"" *."~7.,~ .... ;*"'d ..... .'"'"':' ...... · ':"-' ..~?':: ...............
,. ~en'lh"h~ .~~1_.~ Fund., .,., ,. :,....~, ........... ,,,,,.~ ...... -.- 0.3% 84.7% 26.-1% ".'i'.
Gmurth Funds
Dre~l~sThird Centun~ Fund , , ~ 1.0% ~ 36.8% 12.3% 15.0% 12.5%
~ ' ~' ~D~~ '.'-i ';:".~'.?ri~-t,'~* · .~, ~w??,',%_~. ;~' ~m"7 ~ , F~t~'..- · ~
Growth Fund of America 6.4% 34.5%
~ · ' ~ ~,¢,.'x .':h, "?. .... "~,'--:'~-.'
Nationwide Fund
..... :.......,.. .... .
Putnam Investors Fund
'::':Seli~n.~(3~'FtifiB*~
Growth and Income Funds
Decatur I Fund
"Ev~fi Td~i'I~ekini Fund
Fidelity Equity-Income Fund
income Funds
Bond Fund of America
; MFS:,~,~g[i.~cotrie Fui~d*~
Monep Market Fund
Nationwide Money Market Fund***
$ ,e., p
2.0% 29.0%
5.3%' 34.8%
6.9% 27.3%
10.2% 37.5%
10.8% 15.5% 14.0%
.... :':'"?:':':.?::" 7.0%"-':"'.";'- *11.0%'"~ff:9~t~%~'?::
9.3% 14.9% 14.4%
"9.1% 12.4% ~:"?:'-"":13.9%'
9.4% 13.1% 11.8%
12.5% 14.9% .... : '12.3%
7.8% 20.6% 4.1% 10.0% 12.8%
9.0% 21.8% 7.2% 10.3% "- ...... 12.6%
13.6% 28.2% 7.4% 12.1% 13.3%
11.0% 22.6% 8.5% 12.1% ......" 12.9%
10.3% 19.9% 10.6% 10.1% 10.9%
15.9% 47.5% 12.1% 8.8%' "i.:::.' 10.4% .....
2.2% 4.6% 4.6% 5.5% 6.2%
6.6% 29.2% 9.8% 14.8% 15.1%
"These funds were added to the USCM Pros~m effective Febma~ 1, 1992.
** These funds not open to new participants after August 1, 1991.
*** This fund is neither insured nor guaranteed by the U.S. Government.
*"*' The S & P S00 is a stock market index which assumes investment in the 500 iarcjeit available stocks. This index is normally used as a comparison or benchmark
against Aggressive Growth and Growth mutual funds.
Note: The above returns reflect the deduction of an actuarial risk fee which is equivalent to 0.95% on an annualized basis, The results shown represent past pedorm?nce.
and should not be considered a representation of pedormance or investor experience of the funds in the future. Investment returns and pfindpa[ are ,not guaranteecl,u,n?er
these variable options. The unit values at the time of redemption may be worth more or less than their original cost. For complete information =bout the options avaitaoie
to you through your Deferred CompensaUon Program, including cha~ges and expenses, consult your prospectus(es) which are available from your local deferred
compensation representative. Please read the prospectus(es) carefully betore investing or sending money.
The Fixed Account ~ 1993 Interest Rate Guarantees
(The following annual effective interest yields apply to all deposits.)
January-
1993 Guarantee* March 1993'*
Money contributed to the
Nationwide* Fixed Account Option 6.80% 7.25%
* To protect your contributions from dramatic fluctuations in current interest yields, the minimum guaranteed yield applies to all deposits.
*' Nationwide declares a current interest yield quarterly for the duration of that quarler.
Sources: Nationwide Financial Se
Computer Directions Advisors. Inc.
THE SCHOOL DISTRICT OF ESCAMBIA COUNTY I
P,NsACOLA. FL 32,97-1470. PH 904/432-61'~1 , 1
DR. W. L. MALOY. SUPERINTENDENT
MEMORANDUM
TO:
FROM:
charles A. Griffin" -~/(~;4h/ '
DATE:
March 8, 1993
SUBJECT:
Recommendation from Insurance Committee on Company For
Deferred Compensation IRS Code 457
We asked our Consultant, William M. Mercer, Inc.,' to assist us
in evaluating and selecting a company to handle our Deferred
Compensation Program. We sent them our list of companies who are
participating in our Tax Deferred Annuity Program (403B). The
consultant prepared a questionnaire and sent them to companies that
would meet certain criteria. They looked at the following items:
Investment Philosophy
Credit Worthiness
Product Analysis
Administrative Issues (Availability of Local
Representation, Ability to get information to and from
the Underwriter, Availability of Multiple Investments,
Transferability among Investments, Period of time it
takes to Process Hardship Withdrawals, Sales Charges and
other fees)
Fixed Account Issues
Growth Balance and Money Market Fund'Issues
When the requests for proposals came back three companies
responded to the proposal. The companies were the Aetna Insurance
Company, PEBSCO/Nationwide and Variable Annuity Life insurance Co.
(VALIC). The consultant evaluated each of those companies and
submitted a report to the Insurance Committee.
On Thursday, March 4, 1993, the Insurance Committee alohg with
our consultant Interviewed the 'representatives for each of the
companies. After spending the time with each of the companles,,the
Insurance Committee in further discussion felt that the PEB$CO
group would do the best Job for our employees for the 457.
Affirmative aclmn I equal opportunity employer
..pEBSCO is the acronym for Public Employees Benefit Services
~poration. The insurance company is the Nationwide Insurance
jompany. PEBSCO writes Deferred Compensation for the, City of
Pensacola Board, Escambia County Board of County Commission~rs, the
State of Florida and the City of Panama City. We have con~acted
the City of Pensacola and the Board of County Commissioners and
they advised that this company does an excellent Job for them.
They have a local representative by the name of Harold Garrett.
Mr. Garret~ has been in the business 10 years and has been the
agent with PEBSCO for four years.
The Insurance Committee recommends that the contract for the
457 Deferred Compensation Program be placed with PEBSCO/Natlonwtde.
We are' requesting that this be placed on the March ~genda for
approval. This plan will be very beneficial to those employees.who
are retiring and will need to shelter some of their sick leave
money. The School Board Members will be eligible to participate in
this Deferred Compensation Program.
CAG/pf
O~1~ OF TI~ ~uI~R
DEPARTMENT OF INSURANCE
The Capltol~ T~l~h~, Plorid~ 3Z399-0300
IMPORTANT
PLEASE READ
MESSAGE
CAREFULLY
IN~IP, ANCI3 COMMi~iON]~
JUly 20, 1992
Dear Deferred compensation Participant:
The purpose of this message is to bring you up to date on the current status of
your deferred compensation program, and to explain a special time period during
which you may transfer assets among insurance providers without penalty.
APPROVE_D INVESTMENT PROVIDERS
'
We are pleased to advise you of the names of the approved Investment Providers
who will be serving you during the next five years effective July 1, 1992, We used
several rating factors and the approved Investment Providers are Listed according
to their compo~i~ ranking in each category by our evaluat/on teams,
~ Approved ~nvestmenl: Providers TvUe
! Nationwide Insurance company Ins. Company
2 Aetna Life and Annuity Insurance Company Ins. Company
3a Great-West Life and Assurance company Ins. company
* 3b Variable Annuity Life Insurance Company Ins. company
'.4 Great American Reserve Insurance company Ins, company
$ security First Life Insurance Company Ins. Company
*#1 ~'ldellty Institutional Retirement Mgr. Co. Mutual Fund
2 T. Rowe Price Associates MutUal Fund
! Oreat Western Bank Savings Bank
* Indicates a newly added company
# Funds will be available by window period
OPEN WINDOW- TRANSFER OF ACCOUNTS - INSURANCE.. COMPANIES
Beginning August 3, 1992, and ending September 4, 1~;92, an open window period
will be offered ~o participants who are presently with an approved insurance
company and who wish to transfer their account to another approved insurance
company.
This transfer opportunity wi]/ be offered to any participan~: with an approved
insurance company who has an active or suspended account with a balance. This
excludes those part~cipants/beneficiarles who are already in annuity payout
p~r~.letDanl:~ in ~he Plan will have the following opportunities to transfer their
i City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Bank Signatories
Approved For Submittal
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
Finance (MS)
05-17-93
05-26-93
1. Resolution No. R-93-25
2. Resolution No. R-$7-43
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: None
BUDGETED: None
REQUIRED: None
SUMMARY STATEMENT
Federal and State regulations now require almost
immediate turnaround of payroll tax deposits,
employee deductions, pension and other benefit
checks related to the issuance of payroll checks.
The present bank authorized signatories resolution
only provides for two required signatures of a
total of three authorized signatories.
Based on demonstrated and predicted circumstances,
the City has a need for additional flexibility in
meeting legal requirements of payroll-related
disbursements, timely vendor payments to take full
advantage of discounts and avoidance of penalties
and late fees.
RECOMMENDED ACTION
Move to adopt Resolution No. R-93-25 which adds two
additional officials for a total of five authorized
signatories on checks and certain other financial
instruments as presented.
RESOLUTION NO.: R-93-25
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY FLORIDA, ADOPTING POLICY REGARDING THE NUMBERAND
FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS, DR;kFTS,
AND OTHER FINANCIAL DOCUMENTS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR' AN
EFFECTIVE DATE.
WHEREAS, Federal and State regulations now require almost
immediate turnaround of payroll tax deposits, employee deductions,
pension and other benefit checks related to the issuance of payroll
checks; and
WHEREAS, the present bank authorized signatories resolution
only provides for two required signatures of a total of three
authorized signatories; and
WHEREAS, based on demonstrated and predicted circumstances,
the City has a need for additional flexibility in meeting legal
requirements of payroll-related disbursements, timely vendor
payments to take full advantage of discounts and avoidance of
penalties and late fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Council of the City of Sebastian hereby
establishes the following policy regarding the number of signatures
and the form of such signatures that must be placed on certain
documents regarding financial matters, including negotiable
instruments, purchase orders, and other financial papers.
· The following five officials are hereby authorized to sign
all such financial documents unless in a given case or cases a
statute of law may require a different requirement:
a. Finance Director
b. city Manager
c. vice Mayor
d. Assistant Finance Director
e. Acting city Manager
· The Finance Director or the City Manger may sign, as the
sole signatory, checks and other negotiable or non-negotiable
instruments, and other papers when the total of the financial
obligation of any such instrument is five hundred dollars ($500) or
less, except for payroll checks of the city, which shall be signed
by two signatures, actual or facsimile.
· Any such instruments that have a financial obligation of
more than five hundred dollars ($500.00) shall require the actual
manual signature of two of the above listed officials, and the
signature of the Vice Mayor and Assistant Finance Director or the
Acting city Manager shall be allowed only in the absence or
inability of the Finance Director or the City Manager to affix his
or her signature.
Section 2. CONFLICT. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3~. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the
City Council of the city of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
2
that the City Council would have enacted the remainder of this
Resolution without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This resolution shall take
effect immediately upon adoption by the City Council and shall
repeal Resolution No. R-87-43.
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 Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed as
adopted this day of , 1993.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
BY:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash
City Attorney
RESOLUTION NO. ~
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, SETTING
POLICY REGARDING THE NUMBER AND FORM OF SIGNATURES THAT
MUST APPEAR ON CHECKS, DRAFTS~ AND OTHER FINANCIAL
DOCUMENTS~ PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
The City Council of the City of Sebastian hereby establishes
the following policy, regarding the number of signatures and the
form of such signatures that must be placed on certain documents
regarding financial matters, including negotiable instruments,
purchase orders, and other financial papers.
1. The following three officials are hereby authorized to
sign all such financial documents unless in a given case or cases
a statute or law may require a different regulrement~
a. Finance Director (City Treasurer)
b. Chief Executive Officer
c. Vice Mayor
2. The Finance Director may sign as the sole signatory
checks and other negotiable or non-negotiable instruments, and
other papers when the total of the financial obligation of any
such instrument is five hundred dollars or less, except for
payroll checks of the city, which shall be signed by two
signatures, actual or fascimile.
3. Any such instruments that have a financial obligation of
more than $500.00 shall require the actual manual signature of
two of the above listed three officials, and the signature of the
Vice-Mayor shall be allowed only in the absence or inability of
Finance Director or the Chief Executive Officer to affix his or
her signature.
This Resolution shall he effective immediately upon passage
by the City Council and shall repeal Resolution R-84-14B.
CITY OF SEBASTIAN, FLORIDA
Kathryn~. Benjamin{~
City Clerk
I HEREBY C~.~TIFY that c this Resolution was passed the City
Council on the ~__~__day of ~- , 1987. by
Ka~hry~{ M. ~nJam~, City C~erk
Approved as to Form and Content~
I
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT=
PROCEDURE FOR
BLANK, ET PURCHASE ORDERS
Approved For Submlttal By:
city Manager
)
)
)
)
)
)
)
)
)
)
o..._ )
)
)
Agenda No.
Dept. Origin
Date Submitted
5~17-93
For Agenda of
...2
Exhibits: 1. RESOLUTION No.
R-93-26
2. BLANKET PURCHASE
ORDERS BY DEPARTMENT
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED
APPROPRIATION
REQUIRED:
SUMMARY S TA. TEMENT
The implementation, authorization and approval of blanket
purchase orders will improve the efficiency and timeliness of
the payment of certain utility and other routinely recurring
service agreement invoices. These items would qualify for a
bid waiver under Section 2-92(j) which states, in part: "Bids
shall not be required for items that are available as a matter
of commercial reasonableness from one source only .... "
RECOMMENDED ACTION
Move to adopt Resolution No. R-93-26 and to approve blanket
purchase orders for postage, water, electricity, telephone
service and refuse removal.
RESOLUTION NO. R-93-26
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTYt FLORIDA, AMENDING PURCHASE ORDER PROCEDURES TO
PROVIDE FOR THE ISSUANCE OF BLANKET PURCHASE ORDERS FOR
~LL UTILITIES (MONOPOLIES), AND OTHER RECURRING SERVICES
PREVIOUSLY AWARDED BY BID OR SOLE SOURCE AWARD BY CITY
COUNCIL; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida
has established procedures requiring the issuance of purchase
orders for all goods and services in excess of $250; and
WHEREAS, the City Council adopts an annual budget and amends
that budget as may be necessary which establishes monetary amounts
for specified utilities and other contractual services and
maintenance agreements; and
WHEREAS, the City Council awards, authorizes and executes
other contracted service and maintenance agreements exceeding
$2,000 in accordance with existing purchasing procedures; and
utilities are monopolies and with no alternative
WHEREAS,
vendor; and
WHEREAS,
the Finance Department has the need to improve
efficiency and decrease the time required to obtain new purchase
orders and department head signatures for these recurring monthly
charges; and
WHEREAS, these items have been previously approved and
authorized by the City Council.
NOW, THEREFORE, BE IT RESOLVED BT THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIFER COUNTY, FLORIDA, THAT=
SECTION 1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SEBASTIAN DOES HEREBY AUTHORIZE AS FOLLOWS:
Blanket purchase orders will be issued annually for
the budgeted amount for all utilities.
Blanket purchase orders will be issued annually for
contracted services or maintenance agreements for
the annual budget amount or that amount determined
by bid award, if applicable.
Blanket purchase orders will be authorized and
approved annually by City Council.
· Blanket purchase orders will authorize the Finance
Department to pay these monthly recurring charges
(such as electricity) in accordance with the annual
appropriation, thereby eliminating the need for new
purchase orders or department head approval prior
to payment.
· Copies of all invoices paid pursuant to this new
blanket purchase order procedure will be
immediately, upon payment, provided to applicable
department heads. Adjustments, if necessary, will
be made on the subsequent invoice.
· This blanket purchase order procedure is designed
to avoid finance, penalty or interest charges on
recurring monopoly-type services and is not to be
2
construed as an open purchase order.
SECTION 3. CONFLICT. Ail other resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. BEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it will be presumed that
the city Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECT~ 5. EFFECTIVE DATE.
effect immediately upon adoption.
The foregoing Resolution
Councilmember ·
Councilmember
the vote was as follows:
This Resolution shall take
was moved for adoption by
The motion was seconded by
and, upon being put to a vote,
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie Powell, Mayor ·
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash
City Attorney
4
Police De~a _rt~,*nt
P.O. Box 780127 - Sebastian, Flofl.~a 32~78~127 - Tel. (305) 58g-52~
INDIAN RIVER UTI~S
DEER PARK WATER
TO
L ~ DELIVERY:
92 OCT. THRU OCT. 93
WHITE -'VENDOR
By
$10,000.
CANARY- FINANCE DEPARTMENT
PINK - ISSUER'S COPY
GOLDENROD - ATTACH TO ~TATEMENT
MM-1 2/79/Rev. 1/87)
Gold (last CODY) retained by re{lUeator
I ~ Purch~ OrgM~r , I
N.O OOg 40
lnls~tion De~nt - City C~
Office Bo~ 7~0127- Sebastian, Florida 32978~127 - Tel. (305) 589-53~
POSTMASTER - SEBASTIAN SHIP TO:
TO
WHITE- VENDOR
DELIVERY:
OCT. 92 THRU OCT. 93
$9,530.00
CANARY - 'FINANCE DEPARTMENT
PINK - iSSUER'S COPY
GOLDENROD- ATTACH TO STATEMENT
BY
I
I
I
I
I
Purchlme Order
CITY OF SEBASTIAN
Inlstration Dep,,rtment - City Cterk
Po~t Offi=e Box 780127 - Sebaltis, n, Floridl 32978-0127 - Tel. (305) 589-5330
I WHITE - 'VENDOR
]-- FPL "~ SHIP TO:
DEER PARK WATER
INDIAN RIVER UTILITIES
L -J
DELIVERY:
Oct. 92 thru Oct. 93
$12,000
I
I
i
i
I
I
I
CANARY - FINANCE DEPARTMENT
FINK - ISSUER'S COPY
GOLDENROD-ATTACH TO STATEMENT
MM-1 2/79 (Rev. 1/87)
Gold (last copy) retained by requestor
TO
WHITE- VENDOR
Purchase Orcler
CITY OF SEBASTIAN
Vehicle Maintenance Division
fica Box 780127 - Sebastian, Florida 32978-0127 -Tel. (305) 589-5330
FPL
DEER PARK WATER
HARRISE SANITAION
INDIAN RIVER UTiLITiES
3
SHIP TO:
DELIVERY:
,~,tt COee.~se.O~D~NC£. le~vO~CES
PUBLIC WORKS
UTILITIES
OCT. THRU OCT 93
I
i
~ 0 i N:~ I
105,000. i
i
I
i
I
CANARY - FINANCE DEPARTMENT
PINK - ISSUER'S COPY
GOLDENROD - ATTACH TO STATEMENT
MM-1
2/79 (Rev. 1/87) Gold (lsat copy) retained by re¢lueator
I ~~ purchase Order
: Park~ Recreation Department
post Office Box 127 --- Sebastian, Florida 32958
~-- FPL
GDU
HAP. RISE SANITATION
TO pOP,TOLET
[__ INDIAN P,IVEP' cOUNTY
Tet. (305) 589.5330
· '-~ SHIP TO:
UTILITIES '-~ DELIVERY:
UTILITIES
OCT. 9:2 thru Oct. 93
$2#.000
WHITE ' VENDOR
CANARY ' FINANCE DEPARTMENT
PINK ' ISSUER'S COPY
GOLDENROD ' ATTACH TO ~TATEMENT
MM-1 2/79 (Rev. 1/87)
Gold (last copy) retained by reclu.tor
PurChlM Order
CITY OF SEBASTIAN
Admintatration Department - City Clerk
Polt Office Box 780127 - Sebastian, Florida 32978-0127 -Tel. (305) 589-5330
SHIP TO:
N°' 000;239
TO SOUTHERN
OCT.
BELL TELEPHONE
DELIVERY:
92 THRU OCT. 93
$10,500.
WHITE * VENDOR
CANARY * FINANI~E DEPARTMENT
PINK · ISSUER'S COPY
GOLDENROD - Al'TACH TO STATEMENT
BY
MM-1
2/79 (Rev. 1/87)
Gold (last copy) retained by r~ueltor
I pu~la Offer
I P.O. Box 780127 - Sebastian, 78~127 - Tel. (305) 589-5233
SOUTHERN BELL~
TO
/
SHIP TO:
DELIVERY:
OCT. 92 THRU OCT. 93
$8,000.
WHITE - VENDOR
CANARY - FINANCE DEPARTMENT
PINK * ISSUER'S COPY
GOLDENROD - ATTACH TO ~I'ATEMENT
MM-1 2/79 (Rev. 1/87)
Gold (last copy) retained by reflue.tor