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Home My WebLink About09081993I City of Sebastian POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 8, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Henk Touissant Church 4. ROLL CALL - St. Sebastian Catholic ~GEND& HODIFICATIONS (~%DDITIONS ~%ND/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 ~ ANNOUNCEMENT8 93.272 Proclamation - Constitution Week (Betty Bock Accepting) 93.256 PGS 3-15 7. PUBLIC HEARING, FINAL ACTION PG8 17-56 The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. RESOLUTION NO. R-93-39 - Treasure Coast Shuttle - Permit and Certificate of Public Convenience and Necessity (City Clerk Transmittal dated 9/2/93, R-93-39, Insurance Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO TREASURE COAST SHUTTLE; PROVIDING FOR COMPLIANCE WITH .THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (8/28/93 Review, Advertised 9/2/93, Letters to Other Businesses Sent 8/30/93, 9/8/93 Public Hearing and Adoption) 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. ae Approval of Minutes - 8/18/93 GDU Rate Hearing, 8/20/93 GC Budget Workshop, 8/20/93 Special Meeting, 8/25/93 Regular Meeting, 9/1/93 Workshop 2 93.273 PGS 57-65 93.266 PG8 67-73 93.274 PG8 75-80 93.085 PG8 81-86 93.275 PG8 87-88 RESOLUTION NO. R-93-44 - Vacation of Easement - Kocher (City Clerk Transmittal dated 9/2/93, R- 93-44, Director of Community Development Letter dated 9/1/93, Application w/ Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE SOUTHEAST FIVE FEET OF THE NORTHWEST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 44, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56I, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO~. R-93-37 - Interlocal Agreement - IRC/City of Sebastian - Solid Waste Disposal District (Director of Community Development Transmittal dated 9/2/93, R-93-37, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING; PROVIDING FOR AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A CURBSIDE RECYCLING PROGRAM PURSUANT TO THE SOLID WASTE MANAGEMENT ACT OF 1988; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Reviewed 9/1/93) Steve Schwartz - Request Specimen Tree Removal - Two Pines - Lot 7, Block 71, Unit 2, Sebastian Highlands (Director of Community Development Transmittal dated 8/31/93, Application, Survey) Reschedule Public Hearings for Sebastian Lakes Developers Agreement to 11/10/93 and 11/24/93 (Director of Community Development Transmittal dated 9/1/93, City Engineer Memo dated 8/13/93, Picerne Development Letter dated 9/1/93) Craft Club of Sebastian - Use Riverview Park - Approve Show Schedule - 10/2/93, 11/6/93, 12/4/93, 1/1/94, 2/5/94, 3/5/94 w/Rain Dates Following Day - Standard Conditions (City Clerk Transmittal dated 8/26/93, Deyter Letter dated 8/24/93) 93.276 PGS 89-92 11. 93.234 12. 13. 14. 93.209 PGS 93-100 15. 93.277 PGB 101-103 93.119 PGS 105-130 93.278/ 90.016 PGS 131-148 G. Sebastian Highlands Property Owners Association - Request Use of Community Center - Rummage Sale - Charity Fundraiser - 11/20/93 - 10 am to 5 pm - Request Rental and Security Deposit Fee Waivers (City Clerk Transmittal dated 9/2/93, Letter, Application, Rules) PRESENTATIONS MAYOR AND CITY COUNCIL MATTERS A. Vice-Mayor Frank oberbeck B. Mrs. Carolyn Corum C. Mrs. Norma Damp D. Mr. Robert Freeland E. Mayor Lonnie R. Powell CITy ATTORNEY MATTERS A. Accept Mr. McClary's Conditional Resignation (No Backup) CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMM~aTIONS OLD BUBINE$~ A. Local Government Regulation of Cable TV (Finance Director Transmittal dated 9/3/93, NATOA Action Alert, Forms 328 and 329, Falcon Letter dated 8/24/93) NEW BUSINES~ A. Handicap Ramp at City Hall - city Engineer Report (city Engineer Transmittal dated 9/1/93, Drawing) B. Yacht Club Dock Improvements - Approve Additional Services for Riomar Engineering (City Engineer Transmittal dated 8/31/93, Riomar Letter dated 8/26/93 w/ Attachments) C. DTF, Inc. Intention to Renew Concession Agreement at Sebastian Municipal Golf Course (city Clerk Transmittal dated 9/1/93, Fink Letter dated 8/31/93, Agreement) 93.279 PG ~.49 16. De Temporary Account Clerk - Finance Department (Finance Director Transmittal dated 9/2/93) INTRODUCTION OF NEW BUSINESS BX TH~ PUBLXC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 17. 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.) 5 WHEREAS, our founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and WHEREAS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve, and defend it against all encroachment; and WHEREAS, the two hundred sixth anniversary of the Signing of the Constitution provides an historic opportunity for all Americans to realize the achievements of the Framers of the Constitution and the rights, privileges, and responsibilities it affords, and WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of America in accordance with Public Law 915, NOW THEREFORE, I, Lonnie R. Powell, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida do hereby proclaim the week of September 17th through the 23rd as CONSTIT~P~ION WiEK in Sebastian and urge all our citizens to reflect during that week on the many benefits of our Federal Constitution and American citizenship. /...~.-~ .... IN WITNESS WHEREOF,~ave h~ and caused the seal of the/City of/ of September, 1993. ~ ~ ATTEST: Kathryn ~. O, ~ailor~,- 'City Clerk reunto ~ my ~ fnie ~.~6~, Ma~or I City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 i , AGENDA FORM SDltJ~CT: ) Agenda No. Convenience and Necessity Treasure Coast Shuttle ) Date Submitted APPROVED/~F~ SUBMITTAI~Y .- I For. A~enda Of City Manage~ I ExhibIts: City ~ 9/8/93 Resolution No. R-93-39 Application Insurance Policy EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: STATEMENT City Council, at its August 25, 1993 regular meeting, scheduled a public hearing, in accordance with Section 106-54 of the Code of Ordinances, on Resolution No. R-93-39 for September 8, 1993 to consider a Permit and Certificate of Public Convenience and Necessity for Robert P. Wood to operate Treasure Coast Shuttle. Mr. Wood submitted an insurance policy which is included in your backup and was advised to contact Chief Petty for inspection of vehicles. Chief Petty informs this office that he has inspected the vehicles and has no objection. Mr. Wood will go before Planning and Zoning on September 2, 1993 for a home occupational license. We will be able to give you a verbal report on Planning and Zoning action on the application. RECOMMENDED ACTION Move to adopt Resolution No. R-93-39 - Permit and Certificate of Public Convenience and Necessity for Treasure Coast Shuttle. ~ESO~UTION NO,= ~-93m39 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO TREASURE COAST SHUTTLE; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVEI~tBILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, is authorized to grant permits and certificates of public convenience pursuant to Section 106-51 of the City Code; and WHEREAS, Robert P. Wood, Treasure Coast Shuttle, has submitted an application for a certificate of public convenience and necessity from the City of Sebastian in accord with Section 106-52 of the Sebastian City Code; and WHEREAS, a public hearing on the applicant's request for said certificate was held by the City Council at a regularly scheduled meeting on September 8, 1993, in accord with Section 106-54 of the Sebastian City Code; and WHEREAS, the City Council considered the requirements of Section 106-55 in assessing public demands and traffic conditions, the financial condition and moral character of the applicant, the number, kind, type of equipment and rates proposed to be utilized by the applicant; increased traffic congestion and available parking space, and the safe use of the streets and alleys and such other relevant facts as the City Council deemed advisable or necessary. NOW, THEREFORE, be it resolved by the Council of the City of Sebastian, that: Section 1. APPROVAL. Sebastian, Indian River County, and certificate subject to the terms and conditions contained in Sections 2, The city Council of the City of Florida, hereby grants a permit of public convenience to Treasure Coast Shuttle 3 and 4 of this Resolution. ~ 2~ COMPLIANCE WITH CODE AND ALL APPLICABLE L~WS. Applicant agrees to comply with the requirements of all state and federal laws and regulations, in addition to the Sebastian City Code requirements. Section ~... LIABILITY INSURANCE. Applicant, Treasure Coast Shuttle, agrees to obtain and maintain in full force and effect a liability insurance policy in accord with the Section 106-31 of the Sebastian City Code. Section 4. ESTABLISHED RATES FOR SERVICES. requirements of The following established rates for applicant are set out below. Said rates shall not be modified without prior approval of the City Council in accordance with Section 106-30 of the Sebastian City Code. Rates: Airport Rates: FROM ~ELBOURNE ORLANDO W.P. BEACH ~ BAREFOOT BAY $20.00 $45.00 $60.00 $110.00 SEBASTIAN $25.00 $55.00 $55.00 $105.00 VERO BEACH $30.00 $60.00 $50.00 $100.00 FORT PIERCE $35.00 $65.00 $45.00 $ 95.00 Prices are for i person i way - $5.00 for each additionsl person in party. Cruise Ship Terminals: $79.95 Per person roundtrip Ft. Lauderdale, Miami $44.95 Per person roundtrip West Palm Beach & Port Canaveral section 5. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. ~eotlon 6. 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 said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put into a vote, the vote was as follows: Mayor Lonnie Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilman Peter Holyk Councilman George Reid 3 The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. ATTEST: By: CITY OF SEBASTIAN, FLORIDA Mayor Lonnie R. Powell Kathryn M. O'Halloran, CMC/AAE city Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney 4 REQUEST FOR PERMIT AND CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY we, ~o ~er'{~c' ~ ~3c.e~,a (Owner) ~~ hereby make application to the Honorable Mayor and Members of the City Council of the City of Sebastian for a Permit and ~tificate of Public Convenience and necessity as set forth in Chapter~ of the Code of Or- dinances of said city to operate a taxicab over the public thoroughfares of said city. We respectfully request consideration to obtain a permit as above specified and hereby submit the following information. We respectfully request permission to operate over the public streets of the City of Sebastian to transport passengers. Applicant will pick up and deliver passengers within the municipal boundaries and throughout the surrounding communi ry. Applicant requests permission to operate one vehicle with a capacity of five passengers and a driver. Applicant reserves the right to put more vehicles in service as demand warrants. The proposed rates are listed below: RATE SCHEDULE We hereb~ agree to conform with and abide b9 all rules and regulations which ma9 be lawfully prescribed by the City Council of the Cit~ of Sebastian in respect to the operation of taxicabs within the cit~ limits. We certify that all motor vehicles operated b~ shall be kept and maintained in safe operating condition. All vehicles shall be air conditioned and radio dispatched. We certify we will provide appropriate insurance coverage as specified b~ the Code of Ordinances of the Cit~ of Sebastian, Chapter~. We respectfully request the Council approve a Permit and Certificate of Public Convenience an Necessity. STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in County aforesaid to take Acknowledgements per- to be the person described in and who executed the foregoing instrument and they acknowledged before me that the~ excuted the same. . W~e~y hand and official seal in the County and State last aforesaid ~ .... ~ o~~, ~ , e '" f io~'~a a~ 1~'rg/ ! ! ! ! ! ! ! ! ! ! ! AIRPORT RATES: _~rI~ Co ~?,oo~ ~.; ~0.~ ~'~ Se~n $25.~ ~5.~ V~o B--ch , ~'~ ~'~ Fo~ Piece ,,.,, Shuttle ~r~ Y · ---'~ e.k.~n 55.~ 1 Pgces am for ~ ~=on one ~y- $5.~ for ~ch add~o~l ~ in ~ ~ e C~e ~n~ CRUSE S~ ~~~S * Cha~cr Sc~s $79.95 Per ~n rou~P ' , · Jai-~ai & Dog Trac~ ~.~ Per ~r~n rou~p · Orlando ~ea Attractions We~ Palm B~ch & Pon ~vem, ,~: ,, . ' 24~ur Reliable ~'~;:g,~:,,:, ...; Door to Door Se~ices :~:~:: ,:~".. ,~ For Your Convenience ~~ ~4 ~our ~rport Se~ice (4o ) ~ Hours Seming ~e Licens~ Insur~ Treasure Coast Area INS~CE BINDER CONTRACT, SUHJECT TO THE BINDER NO: NBROBEUOAUTO J ISSUE DATE: PROOUCER aid Barmck Insurance 20~5 - 1&th Avenue P.O. Box 130 Veto Beach, FL 32961 COOE SUSCOOE NAME AND ADDRESS OF INSURED Treasure Co, at Shuttle Service R~rt P. 1112 Lendsdown Drive ~ ~ Sel:mstien, FL COV~/~AGE$ CONPANY: Southern Underwriters, inc. <SOU > EFFECTIVE J EXPIRATIOR G~/26;93 12:01 AH 09/25/9~ 12:01 AH THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE RANED CONPANY PER EXPIRING POLICY ~ DESCRIPTIOR OF OPERAT]ON~ ShuttLe Service IITS TYPE OF INSURANCE COVERAGE/FORNS k~2x CTIBLE PROPERTY CAUSES OF LO~$ [ ] BASIC [ ] BROAD [ ] SPEC. $ $ GENERAL LIABILITY GENERAL AGGREGATE [ ] CONI~RCIAL GENERAL LIABILITY PRI~.*CQNP/OP AGGREGATE [ ] CLAIN$1~&DE [ ] OCCUR PER~31JAL &ADV. INJURY [ ~ OUNER'S & CONTRACTOR'S PROT. EAONOCCURRENCE [ ] FIRE DN4AGECArvy orm fire) RETRO DATE FOR CLAIN$ NADE: NED. EXPE#SECAny one AUTONOB]LE L]ABILITY CONBINED SINGLE LIN%T [ ] ANY AUTO BOO]LY INJURY (Per pars,) [X) ALL OMNED AUTOS BOD]LY INJURY (Per ~cc,) £ ] SCHEDULED AUTOS PROPERTY DAKAGE [ ) HIRED AUTOS NEDICAL PAYNENT$ [ ] NON-OgNED AUTOS PER~3NAL INJURY PROT. £ ] GARAGE LIABIL]TY U#%NSURED #OTORISTS AUTO PHYSICAL DAI~AGE [ ] ALL VEHICLES [X~ SCHEDULED VEHICLES £x3 ACV [X] COLLISION: 500 £ ] BTATED ANOUNT EX) OTHER THAN COL: 500 [ ] OTHER EXCESS LIABIL%TY EACH OCCURENCE [ ] LMHRELLA FORN AGGREGATE [ ) OTHER THAN UNBRELLA FOR# RETRO DATE FOR CLAINS NADE: SELF-iHSURED RETENTION UORI~ER~S CO~PENGAT]ON STATUTORY LIN]TS AND EACH ACCIDENT ENPLOYER*S LIABILITY DISEASE-POLICY LINiT DISEASE-EACH ENPLOYEE SPECIAL CONDITIONS/OTHER COVERAGES Nm And Address Of <Al> ADDITIONAL INTEREST HONE No: ~ // Si/~ur~ OY ~hbr*ized Repreaeflt~tive m FORM 75-S (7/90) ....... I1,~ IH IIHH~ D=te Conditions This company binds the kind(s) of insurance stipulated On the ~irst page. This insurance is subject to the terms, conditions and limitations of the policy(les) in current use by the company. This binder may be cancelled by the insured by surrender of this binder or by written notice to the company stating when cancellation will be effective. This binder may be cancelled by the company by notice to the insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the company is entitled to charge a premium for the binder according to the rules and rates in use by the company. Applicable In Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00 and (B) Is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. FORM 75-S (7/90) FLORIDA AUTC~OOILE %NSURANCE I.D. CARD %nsurar~e Company: Southern Underuriters, Po[icy Nar.' NBROitEUOAUTO Date: 08/26/93 _X_Parsene[ Injure/ ProtectiorVPro~erty Damage LiabiLity N~ ]~ur~: Treasure C~st 1~0 F~ ~50 1FBJS31~LgA6~7 Not vi[id ~re than ~ ~lr f~ eff~tive ere, City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, AUGUST 18, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE iNSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE General Develot~ent Utilities. Inc. - Water Sewer Rate Increase Request Hearing Mayor Powell called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL Present: Absent: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland (excused) City Clerk/Acting City Manager, Kathryn O'Halloran Finance Director, Marilyn Swichkow City Attorney, Charles Nash Utilities Director, Richard Votapka Deputy City Clerk, Sally Maio Special City Council Meeting GDU Rate Hearing August 18, 1993 Page Two 93.183 And: Lisa Layne, CPA, P.A. - Rachlin & Cohen Bill Suratt, Camp, Dresser & McKee Charles Fancher, President - General Development Utilities Richard Melson, Esquire - Hopping, Boyd, Green and Sams Buddy Betschart, General Development Utilities Mayor Powell announced that this meeting will be video broadcast on Saturday, August 21, 1993 at 8:00 a.m. PUBLIC HEARING - General Development Utilities, inc. - Water and Sewer Rata Increase Request (City Clerk/Acting City Manager Transmittal dated 8/12/93, Rachlin & Cohen Report) Mayor Powell opened the public hearing at 7:02 p.m. The City Attorney advised the City Council as to proper procedures to follow and criteria to consider. He recommended that members of the public be heard first, then allow GDU to make a presentation, and then take staff input with all parties placed under oath. The following members of the public were sworn in by the City Attorney and addressed City Council: Edward J. Miquelon, 275 Zane Avenue; Lucille Held, 202 SW Columbus Avenue; Daniel A. McCusker, 222 Mensh Avenue; Grace Clark, 111 Indian Avenue; Thomas J. Black, 146 Capri Avenue; John Revello, 429 Georgian Boulevard; A1 Vilardi, 445 Georgia Boulevard; and Sal Neglia, 461 Georgia Boulevard. Attorney Richard Melson, Hopping, Boyd, Green and Sams, representing General Development Utilities, submitted the GDU rate case filing as Exhibit #1, said GDU is willing to accept the rates as recommended in the August 9, 1993 Rachlin & Cohen report, and requested that affidavits of Deborah D. Swain and John Guastella be entered in the record as Exhibit $2 and Exhibit #3. He asked that Charles Fancher be sworn in to address City Council and respond to public concerns. 2 Special City Council Meeting GDU Rate Hearing August 18, 1993 Page Three Charles Fancher, Jr., 2601 South Bayshore Drive, Miami, was sworn in, addressed concerns expressed by the public and said that GDU will accept the Rachlin & Cohen figures. TAPE I - SIDE II (7:50 p.m.) Mr. Oberbeck was excused from 7:50 p.m. to 7:52 p.m. Richard Melson requested that an August 13, 1993 letter from Charles Fancher, Jr. to the City of Sebastian relative to the THM matter be entered as Exhibit #4. The City Attorney requested that Lisa Layne, Rachlin & Cohen, address City Council. Lisa Layne, Rachlin & Cohen, 1320 South Dixie Highway, Coral Gables, Florida, was sworn in by the City Attorney and at his request, offered a brief background on her profession and education. She explained her engagement by the City of Sebastian and the process used in analyzing the rate increase request, detailed the adjustments made to GDU's rate case, and said GDU has agreed to the recommended rates. A lengthy City Council discussion followed. The City Attorney inquired whether Attorney Melson or any members of the public had any objection to City Council conferring with staff members. Attorney Melson stated that so long as it is just an interpretation of the report and does not go beyond the report in terms of an explanation, discussion with staff would be fine. He said if staff had any new ideas they be brought to the table. The city Attorney noted, for the record, no objections were heard from the public. TAPE II - SIDE I (8:37 p.m.) city council discussion continued. Mayor Powell called recess at 8:43 p.m. and reconvened the meeting at 8:59 p.m. Ail members were present. Special City Council Meeting GDU Rate Hearing August 18, 1993 Page Four City Council discussion continued. The City Attorney requested that the Rachlin & Cohen report and a letter from Attorney Melson to Attorney Nash dated August 12, 1993 be entered into the record as Exhibits #5 and #6. Buddy Betschart, 2055 Skyline Drive, Veto Beach, Florida, upon being sworn in by the City Attorney, responded to City Council concerns about GDU's stance on mandatory hook-up, based upon a 1957 opinion from the previous City Attorney, Thomas Palmer. A lengthy discussion, primarily touching on the THM issue, mandatory connection requirements, utility system expansion, and debt service followed. City Attorney advised City Council that if the City Council denied this request it would go to the court system, and said before the city considers reducing or eliminating its franchise fees or utility taxes it needs to first look at any pledges made for some of the city's revenue bonds. TAPE II - SIDE II (9:42 p.m.) Discussion continued on reduction of rates by expansion of the system. Upon being sworn in by the City Attorney, Bill Suratt, Associate Engineer, Camp, Dresser & McKee, 660 Beachland Boulevard, Vero Beach, addressed City Council on facility capacity. Discussion of mandatory connection and expansion into Unit 17 continued. The City Attorney said the City Council has thirty days in which to make a decision and advised that the City Clerk contact Councilmember Freeland to review this meeting tape to enable him to participate in deliberation. Attorney Melson requested that a decision be made tonight unless the record is kept open and experts are brought back. 4 Special City Council Meeting GDU Rate Hearing Auqust 18, 1993 Page Five The City Attorney said the public hearing can be closed and the decision made at another time, although he cautioned City Council against any discussion with anyone with the exception of report clarifications from staff. He said Council could not receive any additional information or evidence unless it it decided to keep the record open to receive written evidence. He said any action of City Council is subject to court review. He said the issue of mandatory hook-up and the opinion of the previous Attorney is not relevant to the rate increase case and should not be entered into the record. Mayor Powell closed the public hearing at 10:18 p.m. MOTION by Corum/ I make a motion that Council closes this public hearing for thirty days and then come back, deliberate and make a decision. The City Attorney advised that City Council deliberate prior to the thirty days so that he may draft the appropriate order and resolution authorizing the entry of the order. Mrs. Corum added "to set it for September 1, 1993". Ail City Council members concurred with the date. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Being no further business, Mayor Powell adjourned the meeting at 10:20 p.m. Special City Council Meeting GDU Rate Hearing August 18, 1993 Page Six Approved at the Meeting. Kathryn M. O'Halloran, CMC\AAE City Clerk 6 1993, City Council Lonnie R. Powell, Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL BUDGET WORKSHOP MEETING FRIDAY, AUGUST 20, 1993 - 5:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Powell called the budget workshop to order at 5:37 p.m. 2. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Finance Director, Marilyn Swichkow Golf Course Pro/Manager, Joseph O'Rourke Deputy City Clerk, Sally Maio 3. OOLF COURSE pROPOSED BUDGET A® Finance Director Recommendation (Finance Director Memo dated 8/10/93) The Finance Director noted that a new recommended compromise proposal A for membership rates has been presented this evening (see attached), noted that the single non-resident rate should remain at $800 and added "should be adjusted up to a maximum of $10 if necessary" to the $5 winter green fee. City Council Budget Workshop August 20, 1993 Page Two The Finance Director noted that the 25 carts had been reduced to 10, that this budget is a cash basis budget that covers debt service, some capital outlay and does not include any money contemplated to make up prior year or current year losses. Discussion took place on money due the city's general fund. Mr. Oberbeck inquired whether the membership date can be moved back two months and the Finance Director responded that perhaps it could be done when the next Golf Course rates resolution is addressed. B. Golf ~ourse Revenues ~ Pa~ ~0 m Buduet The Golf Course Manager noted that following revenue changes: * 347.230 Greens Fees - $421,00 * 347.231 Cart Rentals - $530,00 * 347.238 Me~bership Fees - $261,800 The Golf Course Manager reiterated figures submitted this evening that were used to come up with adjusted revenues (see attached) and reviewed his memo dated August 13, 1993 to Council in the proposed budget. Mr. Freeland inquired whether people could volunteer to maintain carts. C. Golf Course Administration m Pa~e 62 Discussion took place on administration expenses. TAPE I - SIDE II (6:25 p.m.) Council continued review of proposed administration expenses. E. Greens add Maintenance The GC Superintendent addressed this section and noted he had laid off a Maintenance Worker iii. No changes were made. D. Golf ~ourse Carts No changes were made. 2 City Council Budget Workshop August 20, 1993 Page Three F. ~olf Course Capital Improvements No changes were made. PRESENT~T~ON OF~ ~UD~ET Being no further business, Mayor Powell adjourned the budget workshop at 6:49 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 3 City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING FRIDAY, AUGUST 20, 1993 FOLLOWING GOLF COURSE BUDGET WORKSHOP CITY COUNCIL CItAMB~ 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: TO DECIDE IF CITY COUNCIL WOULD LIKE TO RE-OPEN NEGOTIATIONS WITH GENERAL DEVELOPMENT UTILITIES, INC. ON THE ACQUISITION OF WATER-SEWER FACILITIES 1. Mayor Powell called the Special Meeting to order at 7:05 p.m. 2. ROLI~ CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk, Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Deputy City Clerk, Sally Maio Special city Council Meeting August 20, 1993 Page Two DECIDE IF ~ ~O~NCIL WOULD LIK~ TO RE-OPEN NEgOTIaTIONS WITH~ ~OPMENT UTILITIES, ~NC. O__NTHEACQUISITION OF WaTER~SEW~ ~AcILiTIES The Finance Director explained her reasons for requesting that this special meeting be called, referred to concerns expressed in an August 18, 1993 memo from the City Engineer to the City Clerk/Acting City Manager regarding General Development Utilities' February request for vacation of right-of-way to gain access to GDU lift stations on properties conveyed to the City of Sebastian by General Development Corporation, stated that in light of the fact that all negotiation documents are open it might be wise for Council to decide if it wished to maintain status quo, abandon negotiations on the public record or if it wants to seek one last time to negotiate and if so, to appoint an in-house committee composed of the City Clerk/Acting City Manager, Mayor Powell, the Finance Director and Utilities Director and recommended that the city's consultants be notified. The City Attorney recommended that this not be called a committee, advised that legal counsel be used and that the group use the city's consultants. The Finance Director said it had been her intention to include the City Attorney, said she did not imply termination of contractual services and recommended that all consultants should be used on an as needs basis. Mayor Powell inquired whether there could be an alternate to his position, and the Finance Director said the alternate position could be the Vice Mayor if no information is exchanged. The Finance Director responded to Mrs. Corum's concerns about the meeting held on August 19, 1993 at the City Attorney's office attended by staff members, Mayor Powell and GDU representatives regarding GDU and explained what took place at the meeting. Mrs. Damp said she was not all that pleased with Rachlin & Cohen or Lisa Layne, said she had called Mr. Hartman of Hartman & Associates, who informed her that Lisa Layne had worked for GDU and that negotiations have been going on all along, and inquired why Mr. Hartman is not a member of the proposed committee and is being ignored at this time. Special City Council Meeting August 20, 1993 Page Three She suggested that Mr. Hartman, who was in attendance, be allowed to address City Council. The City Attorney said if City Council decides to reopen negotiations, he doesn't recommend that negotiations be held in the public. He recommended if City Council decides to continue negotiations, it utilize the benefit of Mr. Hartman's and Mr. Cloud's knowledge. The Finance Director said she had successfully negotiated the acquisition of eleven utilities in Brevard County. MOTION by Oberbeck/Corum I would move to authorize reopening negotiations with GDU for the acquisition of their utility systems in the City of Sebastian. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0. MOTION by Oberbeck/Freeland I now move that we approve establishing a task force with a representative of Council and the City Attorney to reopen negotiations with GDU for the possible purchase of their utility system utilizing consultants as necessary but keeping City Council informed. He added "establish the group as read to me earlier by Mrs. Swichkow, I believe it was made up of the Mayor, the City Attorney, our Finance Director, and our Acting City Manager, and Mr. Votapka, our Utilities Engineer". He specified in regard to consultants "if you need them feel free to use them but to keep the Council advised of costs" and included "special legal counsel". 3 Special City Council Meeting August 20, 1993 Page Four ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay). Being no further business, Mayor Powell adjourned the Special Meeting at 7:30 p.m. Approved at the Meeting. · 1993, city Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 I City of.Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES I SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 25, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE iNSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Powell called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Carl Merola, St. Elizabeth Episcopal Church. ROLL CALL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland City Clerk/Acting City Manager, Kathryn M. O'Halloran city Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Regular City Council Meeting August 25, 1993 Page Two ~MODIFICATIONS ~ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. 93.252 6. PROCLAM~TZON~ ~ND/ORANNOUNCEMENT~ George Schum announced the 1st Annual Sebastian Volunteer Fire Department Golf Tournament on October 2, 1993. 7. P~BL~C~A~i~.FI~mmACTION None. 8. ITEMS ~ARRIED FORWARD FROM THE 8/11/93 AGENDA Introduction of New Business from the Public ~%Ck Giteles ~ Exchanae C~ub/C~eative Club (No BackuRl Clay Price, 12430 Roseland Road, on behalf of the Exchange Club, requested permission to seek assistance from City employees and others to spruce up the Creative Playground. City Council concurred and advised them to work with staff and check liability coverage. The Finance Director advised that the project would be covered. 9. CONSENT~ 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 - 8/7/93 Special Meeting, 8/7/93 Budget Workshop, 8/8/93 Budget Workshop, 8/11/93 Regular Meeting Regular City Council Meeting August 25, 1993 Page Three 93.253 B. 93.254 C. 93.255 D. 93.246 E. 93.256 F. 93.257 G. 93.258 H. RESOLUTION NO~ R-93-38 - Voluntary Noise Abatement Rules - Airport (City Clerk/ACM Transmittal dated 8/19/93, Airport Manager Letter dated 8/18/93, R-93-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE ADOPTION OF VOLUNTARY AIRPORT NOISE ABATEMENT RULES; DIRECTING THE CITY MANAGER TO IMPLEMENT THE PUBLICIZING OF THE VOLUNTARY AIRPORT NOISE ABATEMENT RULES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE. U.S. i Medians - Bore and Jack - Reject B & B Properties Bid and Direct Staff to Re-advertise (City Engineer Transmittal dated 8/6/93) Bid Award - Public Works Broom Tractor w/ Attachments - Berggren Equipment - $20,105.00 (City Engineer Transmittal dated 8/19/93, Bid Tabulation) Reschedule Fischer Special Use Permit Request to October 13, 1993 (City Clerk/Acting City Manager Transmittal dated 8/19/93, Fischer Letter dated 8/16/93, Director of Community Development Letter dated 7/30/93) Schedule Public Hearing for Treasure Coast Shuttle - Permit and Certificate of Public Convenience and Necessity for September 8, 1993 (City Clerk/ACM Transmittal dated 8/20/93, Application) Welcome Wagon Club Christmas Party - Community Center - 12/10/93 - 6 pm to 12 am - A/B - Permittee Madeline Thomas - DOB 5/12/33 - Security Paid (City Clerk Transmittal dated 8/13/93, Application) Lora Williams - Wedding Reception - Community Center - 9/25/93 - 7:30 pm to 11:30 pm - A/B - Permittee DOB 2/12/45 - Security Paid (City Clerk Transmittal dated 8/17/93, Application) The City Clerk/Acting City Manager read the consent agenda in its entirety, including title for Resolution No. R-93-38. Regular City Council Meeting August 25, 1993 Page Four Mrs. Damp removed item B; Mrs. Corum removed items C and D; and Mr. Oberbeck removed item A. MOTION by Oberbeck/Corum I would move that we approve items E, F, G and H of the consent agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Item A I ~ of Minutes Mr. Oberbeck inquired about a reference in the 8/7/93 minutes to funds set out for a drainage study and the City Engineer said he had submitted a response memo to all Council members. Mr. Oberbeck inquired about Skydive Sebastian, Inc. inability to obtain liability insurance for the drop zone. The City Attorney responded that Council could require indemnification and that the lessee maintain the drop zone. MOTION by Oberbeck/Freeland I would move that we approve item A of the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye 93.253 MOTION CARRIED 5-0 .Item ~ ~ RESOLUTION NO. ~-93-38 - Voluntar~ Noise bA~_~Lg~gD~Rules m Airport Mrs. Damp inquired why the 1000 ft. altitude is being added at this time. The Airport Manager responded that this voluntary rule is being enacted now to respond to public concerns, in accordance with previous City Council action. Mrs. Corum inquired about safety issues which may arise by enactment of this regulation. Regular City Council Meeting August 25, 1993 Page Five 93.254 93.255 MOTION by Damp/Freeland I make a motion that we approve item B Resolution No. R-93-38 voluntary noise abatement rules. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 ~tem C - U.S, ~ ~ - ~9F9 and Jack - ~ ~ ~ properties Bid and ~rect Staff to Re-advertise Mrs. Corum inquired about the agreement with Martin Paving for installation of irrigation pipes and the City Engineer responded. MOTION by Corum/Oberbeck i move for approval of item C of the consent agenda. VOICE VOTE on the motion carried 5-0. Itek ~ - Fid Award - pub~%c works ~ Tractor ~[ Attachments ~ Ber~reni~ - $20.105.0Q Mrs. Corum inquired about the cost overage and the City Engineer responded that there are sufficient funds available. Mrs. Corum reiterated her request for funds availability for each purchase item. The City Engineer explained the uses for this tractor. MOTION by Oberbeck/Corum I move we approve item D 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 In response to Mrs. Corum, the Director of Community Development said the current Fischer special use permit for burning/mulching had not expired. 5 Regular City Council Meeting August 25, 1993 Page six 10. pRESEN~a?XONS None. 11. I~YOR ~ CiTY COUNCIL I~TTERB A. Mr. RobeFt Freeland Mr. Freeland spoke on the YMCA recommendation to locate a public swimming pool in the city. B. ~ ~ R~ Powell Mayor Powell expressed concern about vehicles not able to make left turns onto CR 512 adjacent to Sebastian Elementary; asked about citizen donated trees; discussed the Mosby donation of services to the city for Barber Street Sports Complex engineering; and inquired about the Chamber of Commerce question relative to ownership of the Chamber parking lot. Staff responded to his concerns. C. Vice-Mayor Frank 0berbeck None. D. Frs. Caro~Y_~Corum Mr. Oberbeck was excused from 7:40 p.m. to 7:42 p.m. All members were present. Mrs. Corum inquired about the Director of Community Development letter to Architects Design Group relative to the Police station air quality problem. The Director of Community Development gave an update. Mrs. Corum suggested City Council look into the Building Department not enforcing GDU mandatory hook- up. The Director of Community Development said he had done so based on a previous City Attorney opinion, it was decided not to discuss the matter further at this time. E. Mrs.,. NormaDamp Mrs. Damp asked the Finance Director if a public phone can be installed at the Golf Course. The Finance Director said it could be done. Regular City Council Meeting August 25, 1993 Page Seven 12. CITY ~TTORNEY I~TTERS The city Attorney said there may have been a mistatement in the GDU rate application, whereby they may have included as capital, three lift stations that they do not own. He said he had contacted Attorney Melson and informed him that he would bring this to City Council tonight, said his recommendation is that City Council should decide if it had all the facts to consider the rate increase, and that due to the fact that negotiations have been reopened for acquisition, it may not be proper for City Council to deliberate on the rate increase and suggested a hearing officer be utilized. TAPE I - SiDE II (7:51 p.m.) The Finance Director clarified that Lisa Layne, of Rachlin & Cohen, has consulted on rate cases for GDU but has never been an employee of GDU. The City Attorney stated that Mr. Cloud said it might be a conflict of interest for Rachlin & Cohen to be used by the city as consultants for the GDU rate increase request. Discussion continued on the GDU matter. It was decided to address this matter later in the meeting. 13. CITY MANAGER MATTERS The City Clerk/Acting City Manager read a memo from the Airport Manager (see attached) relative to the Airport Master Plan Environmental Assessment and requested input from City Council on whether it wants to review the master copy in City Hall or if it wants individual copies for review. The Airport Manager said that he had begun to review the lengthy report and that there are slight differences. Mrs. Corum said she would like a copy, and suggested that staff bring a recommendation to City Council. In response to the Mayor, the Airport Manager explained that trees were cut at the Airport to maintain flight path clearance. 7 Regular City Council Meeting August 25, 1993 Page Eight 14. The Director of Community Development said he has met with Brevard and U.S. Fish and Wildlife officials and reported that the Golf Course can be used for habitat and would report more thoroughly at a later time. ~01~ITTEE REPORTS/RECO~I~END~TIONS Mrs. Corum reported on the Land Acquisition' Committee's approval of a grant.application to Florida Community Trust to acquire Lost Tree Island and Prang Island. Mr. Oberbeck requested a copy of the application. Mayor Powell called recess at 8:05 p.m. and reconvened the meeting at 8:20 p.m. All members were present. Mayor Powell said Herbert Sturm had signed to speak on item 93.253 Resolution No. R-93-38 airport noise abatement rules and City Council concurred to let him speak at this time. Herbert Sturm, Saunders Street, Sebastian, inquired who he can contact regarding low-flylng aircraft. The Airport Manager said rules are voluntary and suggested that Mr. Sturm contact him. The City Attorney reiterated his concerns regarding the GDU rate increase, i.e., was the rate increase application complete if it contained a misstatement of fact by including the three lift stations located on property conveyed to the City of Sebastian by GDC. MOTION by Oberbeck/Freeland I would move that we make that an agenda item and put that at item 14 A that we consider discussion of whether the GDU rate application was accurate should be considered, provided accurate information. VOICE VOTE on the motion 4-1 (failed since unanimous vote is required). Regular City Council Meeting August 25, 1993 Page Nine 15. OLD~ 93.141 A. wash~nqton Street Contaminated~mg_~ from ~ ~ecovery systems - so$~ Treatment - ~~.Basedg~l~.5 Tons c~_~t~nqineer Transmitta~ dated 8/19/93. ~ ~ Memo ~ated89_8_~Ouotation) The City Engineer gave a brief update on the Washington Street contaminated soil issue. Mr. Oberbeck expressed concern for ViroGroup's inability to ascertain the source of the contamination. Mayor Powell inquired whether anyone is overseeing the clearing of right-of-way along CR 512 and tanks being utilized. Mrs. Corum asked what action is being taken on contaminated groundwater. The City Engineer responded that until a full excavation is done, it can't be ascertained what action will have to be taken. Mrs. Corum recommended that the city protect itself by being aware of where the treated soil is placed. MOTION by Oberbeck/Corum i would move to approve the contaminated soil quotation received from Geologic Services to thermally treat the contaminated soil at the Washington Street site for $1000 as based on 25 tons of contaminated soil. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 The City Attorney recommended minor revisions to the contract to strike the last paragraph under "terms of payment" and the "indemnification" clause. MOTION by Oberbeck/Freeland I would move that prior to signing of the contract that the item under "terms of payment" 3rd paragraph be stricken and the "indemnification" clause be stricken from the contract. 9 Regular city Council Meeting August 25, 1993 Page Ten ROLL CALL: Mr. Oberbeck - aye Mrs-. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 93 · 141~ Washington Street Contaminated $~ - Additiona~ ~ for Environmental ~ ~ ~ S0il TreatmeD% n ~ ~ z ~ ~ ~ Transmittal dated 8/19/93. City ~ Me~odated~J_~_~_~_~~~~ The City Engineer explained the need for additional services from ViroGroup, Inc. Mayor Powell expressed concerned for the price. TAPE II - SIDE I (8:52 p.m.) Discussion continued. Mrs. Corum wanted to be reassured that the city will be informed where the soil will be placed. MOTION by Damp/Freeland I move that we approve the Viro Group, Inc., for additional contract services to supervise the soil excavation at Washington Street for $927. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) 93.017 AL Approve Revised Six Month -~Bb_LLg_~_gBetween Skydive Sebastian. Inc~ and $_~ Aero ~ervlces, Inc. (City Clerk/Actina City Manaqer Transmittal dated 8;18/93, ~ Letter dated 8/8;93. orSqina~ ~~ 1/13/93 (Ex~ a}, Lease~ 7/28/9~ (E~- ~Revised~ 10 Regular City Council Meeting August 25, 1993 Page Eleven 93.259 Mark Price, 12850 Roseland Road, Sebastian, said the site being pursued for permanent lease is one and the same as that being pursued by Clay Price. Mrs. Corum inquired who is now maintaining the drop zone. The Airport Manager said the group is mowing it on occasion at this time. The City Attorney responded to questions relative to liability and advised that any responsibility be placed on the lessee when the permanent lease is addressed. MOTION by Oberbeck/Damp I would move to approve the revised six month sub-lease between Skydive Sebastian, Inc. and Sebastian Aero Services, Inc. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 ~$_Q~ ~o. ~-93-33 ~ City of Sebastian/ Ind%aD River ~ ~qreement - Airport ZO~ ~ 9f Community Development Transmittal ~ated ~ R-93-33 w/ ~LF~_~ ~Ex. A) w/ (Ex. A_~ Indian Ri~r County A_i~ort Zoninq Ordinance a~d {Ex. B) SebastiaR Airport ~onin~ ordinance) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO AIRPORT ZONING; PROVIDING AUTHORITY TO THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO EFFECTUATE A COOPERATIVE METHOD TO ADOPT, ADMINISTER AND ENFORCE AIRPORT ZONING REGULATIONS; 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-93-33 by title only. MOTION by Oberbeck/Freeland I would move that we approve Resolution No. R-93- 33 interlocal agreement regarding airport zoning. 11 Regular city Council Meeting August 25, 1993 Page Twelve 93.260 93.261 ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Pr0posed ~ Re.' Special US~ Re, it Procedures ~ Direct City Attorney to Draft Ordinance~of Communitv Ike~lomment Transmittal ~ ~/11/9~, Attorney ~ dated 8/5/93. Proposed Lan=ua~e. Deputy City Clerk Me~o date~ 8/17/93) The Director of Community Development concurred that additional language be added to require adoption by resolution. Mrs. Damp inquired why City Council would need to conduct a public hearing if Planning and Zoning would also do so and staff responded that Council action is quasi-judicial. MOTION by Oberbeck/Freeland I would move to direct the City Attorney to draft an ordinance to amend Section 20A-2.6 as outlined by staff. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 ReDort~9_~li_n~F~rs%~ ~ank's Intention to Forec%ose on Carl R~ Julian ro~ KDown a__s St, Sebastian P,U.D. ~Director o__f CommuDlty Development Transmittal ~ated ~ R-90-18 ~ ~ w/Sketch~ The Director of Community Development reported briefly and recommended that staff also negotiate for an additional 7.3 acre aviation easement. Mrs. Corum requested a copy of the entire agreement adopted by Resolution No. R-90-18. 12 Regular City Council Meeting August 25, 1993 Page Thirteen Mr. Freeland referred to a previous staff transmittal stating that the property is worth 3.75 million and he suggested the city consider taking over the 1.3 million mortgage, selling off a portion of the land, creating habitat and building the road. It was the consensus of City Council to direct staff to investigate the property value. 93.262 Set Public ~earinq on Request from Richard Fey for Special Use ~erm~t ~or Mulch~nq Facility on ~ ~ of ~ DevelopmeDt Transmittal date~8;19/93. ADDlication w/Attachments) The Director of Community Development stated that no zoning district in the city permits a mulching facility. He said if City Council wants to incorporate this type of use in Industrial zoning that can be done which would eliminate need for a special use permit in this case. The City Attorney advised that if mulching were made a permittable use and the operation of the facility is considered improvement to the property, it may be a violation of the city's agreement with the Indian River County Solid Waste District. MOTION by Oberbeck/Corum i would move that we set the public hearing for Mr. Gilliam's special use permit for September 22, 1993. Mrs. Corum inquired why there is no material to review, and the City Attorney responded that the setting of the public hearing is a formality and that the merits of the application will be addressed at that time. Damian Gilliams, 713 Layport Drive said there are two separate deeds to the property. The City Attorney said if the applicant wants to amend its application it should do so for prior to the hearing. Mr. Gilliams said an as-built survey will be presented top staff prior to hearing. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 13 Regular City Council Meeting August 25, 1993 Page Fourteen 16. 17. TNT~ODUCTION OF ~ BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Herbert Sturm, 549 Saunders Street, Sebastian, inquired whether funds have been allocated in the upcoming budget to cover legal costs for his appeal to the Code Enforcement Board decision on his case. A1 Vilardi, 445 Georgia Boulevard, Sebastian, said traffic is getting heavy on the alley south of CR 512; and expressed concern about parking in Riverview Park. The Director of Community Development said he was bringing an item to the workshop agenda regarding park policy. Being no further business, Mayor Powell adjourned the Regular Meeting at 9:30 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 14 I City of.Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING . I WEDNESDAY, SEFFF. AIBER 1, 1993 - 7.00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDiNANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Powell called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. aOLL C~LL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland City Attorney, Charles Nash Director of Community Development, Acting City Manager, Bruce Cooper Finance Director, Marilyn Swichkow Chief of Police, Earle Petty Utilities Director, Richard Votapka Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Council Workshop September 1, 1993 Page Two AGENDA MODIFICATIONS CADDIT~0NS 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). The City Attorney said he would speak on the Julian property issue under his matters. Se ANNOUNCEMENTS None. 6. ~ AGEND]% 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. 93.264 Simes Construction Co., Inc. - Specimen Tree Removal Request - Lot 16, Block 236, Unit 10, SH - One Pine (Director of Community Development Transmittal dated 8/25/93, Application, Survey) The Deputy City Clerk read the consent agenda. MOTION by Corum/Oberbeck I would move to approve item A of the consent agenda. VOICE VOTE on the motion carried 5-0. 7. ~ ~ CITy COUNC~D MATTERS A. ~ Lonnie R. Powell Mayor Powell inquired about the meeting with Orange Heights Property Owners relative to the twin pairs; and requested that Council set a public hearing in accordance with FS 180 regarding GDU water and sewer facility acquisition for September 15, 1993. The Finance Director said the hearing is necessary and in accordance with statutory law, to determine if it is in the public interest to acquire the system. 2 city Council Workshop September 1, 1993 Page Three MOTION by Freeland/Oberbeck I would make a motion that we set the public hearing for September 15. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 B. Vice-Mayor Frank Qberbeck Mr. Oberbeck requested an update on the problem that has developed relative to the "no left turn" onto CR 512 adjacent to Sebastian Elementary. The Director of Community Development/Acting City Manager reported that the county conducted a review, initially decided that the procedure is proper and said they will get back with him regarding further concerns. Mr. Oberbeck said problems have occurred on the alley on the south side of CR 512 due to the fact that no left turn is allowed on CR 512, suggested that the alley be made one way westbound or that the 20 mph zone be expanded to allow the left turn. C. Mrs. Carolyn Corum Mrs. Corum spoke on the Sembler letter regarding submittals for special legislative acts and suggested that the THM problem be addressed by the legislature to make all THM levels equal. She requested City Council concurrence on staff looking into whether it is feasible to make all public water THM levels equal. The City Attorney said this would not be considered a "special act", rather this would be considered general law. He said City Council could pass a resolution supporting adoption of a new general law. City Council concurred with directing staff to draft a resolution to support new general law. The Utilities Director said federal laws will soon require better THM controls. The Utilities Director was directed to draft the resolution. Mrs. Corum commented on the proposed commercial growth in Veto Beach and said she hoped developers would use vision and develop in the Sebastian area. 3 City Council Workshop September 1, 1993 Page Four D. ~ Norma Damp, None. , 8. E. Mr. Robert ~ Mr. Freeland spoke on annexing land west of the city for commercial growth. cITY ATTORNEY~ 93.261 93.183 The City Attorney requested that the Mayor add a · proposed Golf Course rates resolution to the 9/7/93 Special meeting agenda to set a public hearing. City Council concurred. The City Attorney reported on the proposed acquisition of the Julian property and noted existing liens on the property. The Director of Community Development/Acting City Manager handed out addLtlonal data on the property. The Finance Director listed potential funding sources. Following further discussion, it was the consensus of City Council to direct staff to proceed to review the possibility of the acquisition of the Julian property. It was the consensus of City Council for the Director of Community Development to sign a confidentiality agreement with First Union National Bank to review Julian property records. ~ ~ Recommendation ~ 1~ Cancel Deliberation Pertaining to Genera~ Development U~ilities 21Determine that GDU Ra~e Increase ~cation is ~DGomp%ete 3) Declare CQD~lict of Interest and 4L Approve Having Rate case Heard b_~ Hearing officer (No BackuP) The City Attorney reiterated his recommendation that City Council not deliberate on the rate increase tonight based on the fact that the city may own the GDU lift stations, thus making the application incomplete, recommended that City Council make a determination that a conflict of interest exists due to the current negotiation for the GDU facility, and suggested that the rate increase request be heard by a hearing officer. City Council Workshop September 1, 1993 Page Five Richard Melson, Hopping, Boyd, Green and Sams, representing General Development Utilities, stated that GDU disagrees with the City Attorney's recommendation to consider the GDU rate application incomplete, stated it is GDU's position that GDU owns the lift stations and not the city, questioned what impact the ownership of the lift stations would have on the rates application, and presented an affidavit from Debbie Swayne. The City Attorney advised that City Council determine that additional evidence can be submitted and then take the position of accepting evidence from anyone. TAPE I - SIDE II (7:50 p.m.) Mr. Melson said the affidavit is an analysis of the difference that would occur if the lift stations were not included in the rate application. He asked that the City Council review this material and make a decision on rates by the September 17, 1993 deadline. A1 Vilardi, 445 Georgia Boulevard, Sebastian, objected to using a hearing officer, and suggested the rate deliberation be postponed for thirty days while acquisition negotiations are conducted. The City Attorney inquired whether GDU would concur with postponing rate deliberation for thirty days. Mr. Melson said it is not appropriate for GDU to concur with that recommendation at this time, however, it could be looked at subsequent to the 180 hearing, based on how the hearing goes. Charles Fancher, President, General Development Utilities, through Attorney Richard Melson, then concurred with the thirty day extension to October 1, 1993. It was the consensus of City Council not to take any further action on this item or item 10 A at this time. 9. CITY MANAGER MATTERS 93.054 The Director of Community Development/Acting City Manager reported on the mechanical engineers' reports relative to the police station air quality problem and recommended a $1900 hot gas by-pass valve system. 5 City Council Workshop September 1, 1993 Page Six 93.183 93.196 MOTION by Oberbeck/Freeland I would move that we put the item pertaining to the air conditioning system on the agenda. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION FAILED due to lack of unanimous vote. (4-1 Corum nay) It was determined that a $1900 purchase does not need City Council approval, in accordance with the City's Charter. Mayor Powell called recess at 8:05 p.m. and reconvened the meeting at 8:25 p.m. All members were present. 10. ~ORKSHOP ITEMS ~ Development ~ Rate increase Request Deliberation (Finance Director Memo dated 8;24/93) This item was previously postponed thirty days to October 1, 1993. Reyiew ~evi~ed roro~ Price Aareement C/~_~.yClerk Transmittal dated 8/26~93, Propose~ Lease, 6/16/93 Special Meeting ~inutes. 6/16/93 ~ Transmittal, 6/9/93 Meeting ~ransmittal,, ~ Letter dated 6/3/93. Survey Under Separate The City Attorney noted two minor changes on page 16 of the lease, to change zip code to 32958; and paragraph four of the addendum added the sentence "This provision shall survive the termination or cancellation of the Lease or this Addendum." prior to the last sentence. Steve Johnson, Sebastian Aero Services, expressed a concern for the lease corresponding to that of a fixed base operator, said this lease is for Clay Price as an individual and questioned whether this lease will be intended for uses other than skydiving. City Council Workshop September 1, 1993 Page Seven The Airport Manager said it was appropriate for Mr. Price to address City Council at this time. Clay Price, 12430 Roseland Road, Sebastian, said he would be leasing as an individual to Skydive Sebastian, Inc., and that the primary reason that he is the lessor is for banking purposes only. He went on to address concerns regarding use of the facility and the establishment of his lease. He said improvements beyond those listed in Schedule A would have to be further approved by City Council. He exhibited the site plan for the proposed lease site. Mr. Price asked that a renewal option be included in the proposed lease. City Council discussion followed. The City Attorney said any sub-leases would have to be approved by City Council, said this proposed lease is more comprehensive than existing leases and will parallel future leases. The Airport Manager said a lease renewal is present in all existing leases and said Council should determine whether it wants to continue that provision. TAPE II - SIDE I (8:55 p.m.) said skydiving is an uninsurable act and recommended that a hold harmless agreement be expanded for all city properties in the vicinity, recommended that allindividuals utilizing the facility hold the city harmless and that that language be included in the lease, and requested clarification as to what type of activities are intended. The City Attorney said the extension of hold harmless can be required in the the sub-lease and certain language can be added to the lease in paragraph 15 "Indemnification" (..."and the use of leased premises by tenants, agents, employees, etc.") 7 City Council Workshop September 1, 1993 Page Eight 93.265 93.266/ 92.004 Mr. Price concurred with the Airport Manager's recommendation. Mrs. Corum inquired about the road and septic tank and the DCD said those items will be addressed by Planning and Zoning during site plan review. MOTION by Freeland/Corum I make a motion that we approve the lease for Clay Price with the added restrictions that were mentioned by our Airport Manager and City Attorney. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Police Depart~eRt Operational ~ fChief of Police Transmittal ~ ~ an~ Memo dated The Chief of Police was commended for his report and his performance. ~~9~Agr~emen~ Between City of Sebastian a~d Indian ~ ~ ~ Waste Disposal District ~ ~ ~ to ~ Resolution ~ of Commun't~t~ Development Transmittal dated 8/25/93, Brooks Letter dated 8/2/93, Proposed ~qreement, R-92-05) The Director of Community Development commented briefly on the proposed expanded interlocal solid waste agreement. This item was scheduled for the September 8, 1993 regular meeting for approval. City Council Workshop September 1, 1993 Page Nine 93.186 E. Review~~No. O-93-16 ~ Code F~forcement ~oard m he~~~ for 9/8/93 9nd ~ ~earinq for 0 1~ (Director of~ Development Transmittal dated 8/26/93. LulichLetter dated 6/28/93. Kubes Memo ~ ~ Proposed O-93-16) Herbert Sturm, 549 Saunders Street, Sebastian, offered suggested revisions to the proposed Code Enforcement ordinance. Following a lengthy discussion, Mayor Powell suggested that Attorney Torpy review the tape of this meeting to ascertain whether any changes need to be made. City Council concurred. Mrs. Corum said she wanted to hear the rest of Mr. Sturm's input. 93.267/ 93.010 PrQposed Land ~a~d Zoni~ e~ents Reqardinq ~ ~oninq (D~rectQrofC_9~RRi~Y Deyelopmen~ TraDsmlttal dated 8/26/93. 1/6193 Transmittal. DCD Memo ~ 12,18/92. ~6~93 Minutes, Map under SeParate ~ Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, expressed concern for a new zoning category comparable to commercial general in this district, inquired why Planning and Zoning recommendations were not included in this backup and asked that they be considered. The Director of Community Development/Acting City Manager said he was asking for concurrence with the proposed location of the changes, stated that any ordinances would have to go to Planning and Zoning, and discussed current and proposed uses for a new Riverfront zoning classification. Mrs. Corum recommended that this be sent back to Planning and Zoning for input. TAPE II - SIDE II (9:48 p.m.) City Council discussion followed. Mr. Oberbeck was excused from 9:48 p.m. to 9:50 p.m. 9 City Council Workshop September 1, 1993 Page Ten Following a lengthy discussion on proposed uses and location, it was the consensus of City Council to direct staff to bring this to Planning and Zoning for a recommendation. 93.268 ~~P_9~ CDirectorof~9~ABi~t D_9_Yg_l_qR~o~Transmittal dated~Current and suaaested ~ S~ith Memo dated 8/20/93~ Chief of Police Memo dated ~ DCD Memo ~ 8/12/93) A1 Vilardi, 445 Georgia Boulevard, Sebastian, addressed city Council. The City Attorney expressed concern for for-profit sales in city parks. Each City Council member offered input on the suggested park restrictions. TAPE III - SIDE I (10:28 p.m.) City Council discussion continued and at 10:30 p.m. motion was made. MOTION by Freeland/Corum I make a motion we extend ten minutes. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 It was decided to bring this item back for further discussion at a later date. 93.269 ~ Re~ Old Church on Bob Circle (Director of Community DeYeloDment Transmittal dated 8/25/93) The Director of Community Development requested direction from City Council on requiring the owner to repair or demolish the building. 10 City Council Workshop September 1, 1993 Page 93.270 93.242 Mrs. Corum asked the owners if one year is sufficient to repair the church. Juanita Hunnicut, 701 Barber Street, Sebastian, addressed city Council and said the new owner has funding to renovate the building. MOTION by Freeland/Damp I make a motion to authorize staff to initiate enforcement proceedings to have the church either repaired or removed. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Sebast~aD Area Soccer ~s,$0~i~ion Request use of BarbeF Street Sports ~and~pD_C=~%~[pRStand ¢Citv ~ Transmittal ~at~d 8/25/93. Richter Memo ~ ~ ~ Letter dated 8/24/93. Richter~undated ~nd8~23/93. cooper Letter dated 9115192. McClar¥ Letter dated 6/10/92. ~_gsl ~ A Little League Leasek MOTION by Oberbeck/Freeland I move to approve it. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Police Pension Board - Consider Fillinq ~ PositipDC/~_~y clerk Transmittal ~ated 8/26/93. Napier ResiGnation. Section 58-51. Committee List) MOTION by Damp/Freeland I make a motion to appoint Marge Poole to the Police Pension Board. 11 City Council Workshop September 1, 1993 Page Twelve 11. ROLL CALL: Mrs. Corum - aye Mrs'. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Being no further business, Mayor Powell adjourned the workshop at 10:40 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 12 i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SOBJECT: Resolution No. R-93-44 Vacation of Easement Elizabeth Kocher APPROVED FOR SUBMITTAL BY~ AGENDA FORM ) Agenda NO. "/,.~- ~--/,2-" ) ) Dept. Origin City Cler~- ) ) Date Submitted 9 / 1/93 ) ) For Agenda Of 9/8 / 93 ) ) Exhibits: R-93-44 DCD Letter dated 9/1/93 Application w/ Survey EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: SUMMARY STATEMY.2qT An application for vacation of a rear easement was received from Elizabeth Kocher on August 19, 1993 for Lot 11, Block 299, Unit 11, Sebastian Highlands for installation of a pool and enclosure. The application was inadvertently put aside until August 25, 1993 when the applicant called to check on its status. As a courtesy to the applicant, i made a decision to contact the utilities by phone to verify if they had any objections, to enable us to place this request on the September 8, 1993 regular meeting agenda, as it should have been. Calls were made and follow-up faxes were sent to the four utilities. The City Engineer requested that the vacated area be reduced from ten feet to five feet and the applicant concurred. No objections have been received except for a concern by FPL relative to the proximity of the screen enclosure to power lines. The applicant has been advised by the Director of Community Development to advise his contractor to be aware of those concerns. I contacted Dennis Pagano of FPL today and he informs me he will inspect the site today and contact me as soon as possible. If not included in this packet on Friday, his report will be submitted to you prior to deliberation.~If there is a problem, we will request that the item be withdrawn. RECOMMENDED ACTION If there are no objections, move to adopt Resolution No. R-93-44. RESOLUTION NO. R-93-44 A RESOLUTION OF THE CITY OF SEBABTIAN, INDIAN RIVER COUNTY, FLORIDA, V~CATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE SOUTHEAST FIVE FEET OF THE NORTHWEST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 44, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI ?-56I, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. BE iT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The southeast five feet of the northwest twenty foot public utility and drainage easement of Lot 44, Block 299, Sebastian Highlands Unit 11, according to the plat thereof, recorded in PBI 5-56I, Public Records of Indian River County, Florida. SECTION Ii Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of , 19 · CITY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (sm~) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared Lonnie R_=. Powell and Kat r~ M. o'Hall0ran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of , 19 . H. Joanne Sandberg NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Charles I. Nash, City Attorney I City of'Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 September 1, 1993 Ms. Elizabeth Kocher 289 Caravan Terrace Sebastian, FL 32958 Subject: Abandonment of Easement Dear Ms. Kocher: The City of Sebastian is currently processing your request for an abandonment of easement on your property, Lot 44, Block 299, Sebastian Highlands Unit 11. The City Engineer has objected to the abandonment of the requested 10 feet. However, he has indicated that 5 feet could be abandoned. After a discussion with Randy Kocher on August 26, 1993, the request has been amended to 5 feet and will continue to be processed. It should also be noted that Florida Power and Light has concerns regarding the location of your screen enclosure and pool in reference to the existing power lines. Please advise your contractor of their concerns. Enclosed is information from the National Electrical Code regarding this matter. Any additional questions can be directed to Florida Power & Light or this department. Sinc.~~~ ~ er Dire~;rcommunity Development BC:jk CITY OF SEBASTIAN ~ ~U~/ /~// APPLICATION FOR VACATION OF EASEMENT(S) /~ (Thl___~s reques~ ~hal_~ n_R be accepted unless Fompleted la full NAME: Randolph. Elizabeth & Lin~, Xocher f Owner~ ElijAh,th X~her ADDRESS: 289 Caravan Terrace. Sebastian. Flor~8~ ~29~R H: 388-0105 TELEPHONE NO. m~ ~-9~D9 ,., TYPE OF ENTITY:* Individual *Individual, corporation, etc. - If co~poretion apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: Sebastian ~i~hlands,,Uni%,.ll, B~ock 299, Lot 44 (see Tax Roll), (A~tach description on a%taCJ~ent 1~ necessary~ DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building Official) (A~,+ II, %_) - APPROXIMATE SIZE OF EASSMENT:~feet in length in width PURPOSE FOR REQUEST TO VACATE: seres, ned swimmin~ Pool '% . _ (Explain in detail your need t~ release %h~s easement) I IIERBBY CERTIFY'~'h'at I, the Appl~.c~nt, own ~he real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. Corporate Seal Please Print Name Here AtSach hereto the following: (¢) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW THE EASEMENT CLEARLY ON DRRWINO. ( ) 2. Complete legs1 description of the parcel of land on which (N/A) the easement exists if the full description cannot be placed on the lines provided above for the description. ( ) 3. Written authorization of the owner of the parcel Of land (N/A) on which the easement exists if the applicant ia not the owner. ( ) 4. (N/A) ('~ 5. ( ) 6. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTAC~ A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT, Attach a check or money order payable to "The City of Sabastian" upon submittal of this application to the Office of the City Clerk. This application fee is n~ot refundabZe. ?he fee is $25.00. /~. C~',9'F'~6'f'-~ F/'~./~'~ ~.r, OTHER: Date Received by the Office of the City Clerk By: file: aban.spp, CERTIFICATE OF SURVEY ORD£R .o. ! HEREBY CERTIFY THAT THE PLAT SIIO~N HEREON IS A TRUE RND CORRECT REPRESENTATION OF A SURVEY OF THE · -'' PROPERTY DESCRiBEr~ IN Tile CAPTIOrl TIIEREOF,~DE ~DER HY DIRECTION,AND 1S ACCURATE TO THE BEST STATE OF FLOfllDA~CHAPTER ~IHH-~ FLORIDA A~INISTRA[IV[ CODEJFOR TilE TYPE Or $~VEY SHOWN HERE~. 2,ilo SEARCH OF Tile PUBLIC RE~ORUS IIA5 BEEN ~DE BY 1HIS OFFICE FOR ACCURACY OR ~ISSIONS, 3,Tile SURVEY OF PROPERTY Slmtm II~flEOP IS EXCLUSIVELY IN ACCORDANCE ~iTH D[~RIPTlOfl FURHiSHED, GRE~T WESTERN BANK, ~FSB ' ~/l/~ ~' NILLIAH~L,CREECH,dR, PROFESSIONAL TITLE OF INDIAN RIVER COUNTY rtO~DA P.OrESSlO~AC ELIZABETH E. KOCHER . CERTIFICATE NU~En ~3~0 , LE~EN~: ' DATE~ ~~ ~ F~flD C~CRETE ~NT ~ F~It{D IRUN ~RKER / / ' B SET CO~RETE ~IUHENT ~ SET IRON ~KER I ~ ~_ ~ ~_ · ._ , . ~ . . , ~ ~ ~.~ .' .... ~ ~-~t :,, I ' ~/ ' . ,. ' .... ~; '~, SEBaStian, FLORZDA .... /~ PANEL D~TE DESCRIPT T ON SURVEY OF ~%NO SHOLITNG LOT 44, BLOCK SUBOIVISION OF SEB(-~$TI~N HIGHLANDS UNIT I PLAT BOOK 7, PAGE 56,56A-56L, RECORDS OF INDIAN RIVER. COUNTY. FLORIDA..~._.~, , ~r-*~-~-:r,¥.-~' r~T~;' ~ ~,,.-'.:,. ....... .;~ .... ,,, .. ~ .'... "-J ,n I.'~-JT~''~ '-j~-~j7 Ctty of Sebastian YE~EPHONE (407} ~g-6~30 [] PAX {407) 5~8~70 I a~an~onm~n~ o£ easement ~ n i aqe Ease~on~ o£ ~o~ 44, ~1oo~ 2~g ~0 £o~ F~lic u~li~¥ an- _F&_n o =ompli&n*e you ~s~amn ~he ~o~rs o~ 8~0o A.~, and City of Sebastian 1225 Main Street ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: RESOLUTION R-93-47 REGARDING INTERLOCAL AGREEMENT WITH INDIAN RIVER COUNTY TO PROVIDE CURBSIDE RECYCLING FOR MULTI-FAMILY UNITS AND MOBILE HOME PARKS Approval For Submittal By: City Manager ) Agenda Number: ~, ~ ) ) Dept. Origin: Communit¥..Dgvelopme~.t.. ) (BC) ) Date Submitted: 9/02/93 ) ) For Agenda Of: 9/08/93 ) ) Exhibits: ) 1. Resolution R-93-47 ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular workshop meeting of September 1, 1993, the City Council reviewed the request from Indian River County Solid Waste Disposal District to provide curbside recycling to the multi-family areas and mobile home parks. After a brief discussion, the City Council agreed to approve the Interlocal Agreement with the Indian River County Solid Waste Disposal District. ~EC,OMMENDED ACTION Move to approve Resolution R-93-47. RESOLUTION NO. R-93-47 A RESOLUTION OF THE CITY .OF SEBASTIAN, INDIAN RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING; PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A CURBSIDE RECYCLING PRO~RAM PURSUANT TO THE SOLID WASTE MANAGEMENT ACT OF 1988; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1988 Session of the Florida Legislature has enacted Solid Waste Management Act (the "Act") pertaining to solid waste resource recovery and management; and WHEREAS, the Act has promulgated a statewide goal to reduce the amount of solid waste being disposed of at solid waste management facilities by at least thirty percent (30%) by 1994; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the County; and WHEREAS, the City of Sebastian may not operate a solid waste disposal facility unless it can demonstrate by a preponderance of the evidence that the use of a County designated facility, when compared to alternatives proposed by the City of Sebastian, places a significantly higher and disproportionate financial burden on the citizens of the City when compared to the financial burden placed on persons residing within the County but outside of the City; and WHEREAS, indian River County has previously established a curbside recycling program for single family residences, including properties within the City of Sebastian; and 1 WHEREAS, Indian River County intends to implement curbside recycling collection for multi-family units, to include mobile home parks; and WHEREAS, the City Council finds it in the best interest of the City of Sebastian to participate in the Indian River County curbsid~ recycling program; and WHEREAS, the citizens of the City of Sebastian as well as those residing in unincorporated Indian River County would jointly benefit from the participation and cooperation of the City and the County in a single program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: SECTION 1. AGREEMENT. The City of Sebastian, Indian River County, Florida, does hereby agree to enter into an Agreement with the Board of County Commissioners of Indian River County, identified as Exhibit "A" to this Resolution, and incorporated herein. SECTION 2. EXECUTION. The Mayor and City Clerk of the City of Sebastian is hereby directed to execute the Agreement described herein as agent for the Town. SECTION 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. 2 The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor 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 Resolution 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 Approved as to Form and Content: Charles Ian Nash, City Attorney 3 INTERLOCAL AGREEMEnt" This Agreement, entered into this day of , 1993, by and between the City of Seb~stian (hereinafter referred to as the CITY) and indian River County, Solid Waste Disposal District ..(hereinafter referred to as the SWDD). W~EREAS, the Statewide goal of the Solid Waste Management Act of 1988 (hereinafter referred to as the "Act") is to reduce the amount of municipal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and WHEREAS, in an effort to reach this goal the Act required counties to develop and implement recycling programs within their Jurisdictions to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities; an4 WHEREAS, the Act required that said recycling programs be initiated by July 1, 1989; and WHEREAS, in an effort to accomplish the recycllng goals of the Act, the SWDD in fiscal year 1991-92 implemented a curbside recycling collection program for single family residences; and WHEREAS, the City, through interlocal agreement, (January 8, 1992) authorized the SWDD to provide the recycling collection program within the City; and WHEREAS, the SWDD, in fiscal year 1993-94, intends to implement curbside recycling collection for multi-family units, to include mobile home parks, and all residential units; and WHEREAS, the City, not having a recycling program, wishes to participate in both the SWDD's multi-family and single family recycling collection program; and WHEREAS, the Act created the Solid Waste Management Trust Fund to provide grants to assist qualifying counties and municipalities in the operation of solid waste management recycling and eduction programs; and WHEREAS, municipalities with populations of less than 50,000 may not apply individually for grants, but may apply jointly with the SWDD for incentive grant funds; and W~EREAS, no local government match is required for these grants if the municipalities representing seventy-five percent (75%) of the incorporated population of the County apply jointly with the SWDD, to the Florida Department of Environmental Protection (FDEP), for these grants; and W~EREAS, in order to apply Jointly for these grants the SWDD and the municipalities must enter into interlocal agreements that determine how the grant funds, if awarded, shall be used; and WHEREAS, grant applications submitted to the FDEP must include copies of the interlocal agreements between the SWDD and participating municipalities; and W~EREAS, the participation and cooperation of the CITY and the SWDD is essential to the successful award of a State grant and the development and implementation of a successful recycling and education program in Indian River County; and WHEREAS, it ie the desire of the City of Sebastian to apply jointly with the SWDD to FDEP for available recycling and education grants, NOW THEREFORE, the SWDD and the CITY hereto mutually agree as follows: This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Indian River County and shall remain in effect until modified by subsequent agreement. This Agreement may be terminated in writing by either party prior to the beginning of each fiscal year (October I of each year) with ninety (90) days written notice. The SWDD shall, in its contractual agreements with franchis- ed collectors, include recycling collection services for all mobile home parks and multi-family and single family units located within the City. The CITY agrees to the service to be provided by the SWDD and shall reasonably cooperate with the SWDD in the implementation and operation of the service. If the CITY should elect to have recycling collection services above and beyond that provided by the SWDD, the CITY shall enter into agreement with the SWDD'e contracted collector for those additional services at the CITY's expense. The CITY shall reasonably cooperate with the SWDD in pro- viding information necessary to (a) complete the grant applications in accordance with the requirements of FDEP; (b) develop a recycling program to be implemented within the COUNTY and CITY; and (c) prepare the SWDD's annual report to FDEP on recycling activities as required by Section 403.706(7) Florida Statutes. The SWDD shall submit grant applications to FDEP during the period covered by this Agreement and by the application deadlines to be established by FDEP. All grant funds provided to the SWDD, including those incentive grant funds provided to the SWDD through the participation of the CITY in a Joint application for grant funds, shall be utilized by the SWDD for the development implementation, and operation of a County-wide recycling and education program. The solid waste recycling and education grants provided by FDEP may be used for the following purposes: Capital costs, if justified to and approved by FDEP; Establishing recycling capability at the County Land- fill, the existing Solid Waste Collection Centers and other satellite sites; Provision of recycling collection service; Design and construction of recycling and composting facilities; Shredding of organic materials for composting and or reuse as mulch; f. Promotion of recycling, volume reduction, and proper disposal; Market development for recyclable materials; and -2- 10. Other uses provided for under the grants program and authorized by the FDEP. The recycling program shall also include a public education program to promote recycling, participation in the established recycling programs, volume reduction, and proper disposal of waste. The SWDD shall provide matching funds through the Solid waste Disposal District where required under the grant program. 11. Any notice that may be extended by one party to the other pursuant to or as a result of this Agreement shall -be ~ extended by regular, first class, United States mail, postage prepaid or by hand delivery as follows: 12. To the CITY: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone: 407-589-5330 To the SWDD: Ronald R. Brooks Solid Waste Disposal District 1840 25th Street Veto Beach, FL 32960 Phone: 407-567-8000 Ext. 294 Any party to this Agreement may unilaterally redesignate the address of or person to whom notice is to be directed by giving notice to all other parties hereto. This vious 1992. interlocal agreement supercedes and replaces the pre- interlocal agreement with the SWDD dated January 8, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. ATTEST CITY OF SEBASTIAN City Clerk DATE: BY: Mayor ATTEST Clerk BOARD OF COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT BY: Chairman RRB/dc SEBINTLO/S2A -3- City of.Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE STEVE SCHWARTZ Approved For Submittal By: City Manager~ ) ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Development Date Submitted: 08/31/93 (Bu~ For Agenda Of: 09/08/93 Exhibits: Tree Removal Application dated 08/30/93 Survey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Steve Schwartz is requesting removal of 5 pine trees, 2 of which are specimen trees located at 481 Layport Drive (Lot 7, Block 71, Sebastian Highlands Unit 2). See attached letter of recommendation from Building inspector, Chuck Geisz. RECOMMENDED ACTION Move to approve the removal of two specimen pine trees located on Lot 7, Block 71, Sebastian High]ands Unit 2. City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE : August 30, 1993 TO : Bruce Cooper, Building Official FROM : Chuck Geisz, Building inspector SUBJECT : Specimen Tree Removal - 481 Layport Drive On this date I made a site inspection of a request to remove trees at the above location. This request was made by the owner, Mr. Steve Schwartz, because of the damage that has occurred to his house from broken branches. He submitted copies of photos.to show recent damage that has occurred and they are attached for your review. I observed the damage and recommend that a permit be issued to Mr. Schwartz to remove the trees that I have circled on the enclosed drawing. Two of the trees are specimen trees, one 24" in diameter and one 22" in diameter and require City Council approval. CG/avr CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES STREET ADDRESS~ LOT SUBDIVISION{, CONTRACTOR.' p O OC; e Z" ' S UB-CONTRACTOR { ADDRESS { = ZIP: PHONE~ ~ ~, ~ REASON FOR THE PERMIT ~ / e ~ ~ ~ ~// ~ ~ ~ ~ ~ OWNER OF PROPERTY, ~'~ _56~/~r~ ADDRESS{ Q~I' ,L~V~ ~ ZIP: ~ ~ PHONE NO.~ %~7 ~'~- ~7/ I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( Article XIV ) Signature APPLICATION MUST INCLUDE~ 1. On a survey, locate all specimen trees (20 inch diameter or more). Indicate which trees to be removed and/or relocated. Indicate the species of each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. Applicant must tag all specimen trees wi th i.~ bright ribbon around the tree approximately 6 feet above the grade. Office Use Only SITE INSPECTION BY: ~(~7~ D ' ~ APPROVED FOR PERMIT: YES: NO:, , MUST OBTAIN CITY COUNCIL APPROVAL: YES:__~/ NO: IF YES, DATE OF CITY COUNCIL APPROVAL: City of Sebastian 1225 Main Street D SEBASTIAN. FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RESCHEDULE PUBLIC HEARINGS FOR ~SEBASTIAN LAKES DEVELOPERS AGREEMENT Approval for Submittal By: ) Agenda Number: -£cJ. vu~ ) ) Dept. Origin: Community Development ) ) Date Submitted: 9/01/9.3 ) ) For Agenda Of: .9/08/93 ) ) Exhibits: ) 1. ) 2. ) (BC)~~ Memo dated 8/13/93 from Dan Eckis Letter dated 9/1/93 from Picerne Development EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STatEMENT At its regular meeting of July 28, 1993, the City Council scheduled two public hearings for September 22 and October 13, 1993 for the developers agreement. Representatives from Sebastian Lakes were to provide bid documents to the City of Sebastian no later than August 9, 1993 which was extended to August 20, 1993. City staff has always been informed that the drainage from the new roadway pavement would be conveyed to Sebastian Lakes retention areas that have a current St. Johns permit. Please refer to a memorandum from Dan Eckis on August 13, 1993 regarding this matter. Since the permit expired, the engineers for Sebastian Lakes were attempting to modify the drainage system to require all the retention within the swales located in the right-of-way which, would require control structures and underdrains. Reviewing Mr. Eckis's memorandum, you will be able to determine that the City would not want to accept this type of system on a permanent basis, due to the maintenance problems in the future. Page 2 Because representatives of Sebastian Lakes wants this project completed and to insure proper representation, they have hired another firm, Picerne Development, in order to resolve this drainage issue. With that in mind, Sebastian Lakes representatives continued to perform in good faith regarding the developers agreement and ultimately the construction of Laconia Road. Therefore, st%fl would recommend that City Council reschedule the two public hearings to November 10 and November 24, 1993. This should be ample time to resolve the permitting issues and to finish up any changes in the bid documents to satisfy the City Engineer's concerns. If we can accomplish the bidding sooner, we will come back to request the public hearings to be scheduled earlier. RECOMMENDED ACTION Move to reschedule the two public hearings for the developers agreement for · Sebastian Lakes P.U.D. to November 10 and November 24, 1993. I POST OFFICE BOX 780127 TEL[[ C],,IE ('".~') 58g i I , ~ £ M DRJ I DATE: August 13, 1993 TO: File ~rk I FROM: Daniel C. Eckis, P.E City Engineer/Public s City of Sebastian t~ SEBASTIAN, FLORIDA 32978 TELEPttONE (~".:') 589-53,'.V) '.' FA),' (407) 589-5570 MEMORANDUM Director RE: Sebastian Lakes record of telephone conversation John Allen of Allen Engineering called to clarify the stormwater treatment system that they were proposing for their portion of Laconia Street. They are proposing a control structure approximately 6 inches above the bottom of the swale with an underdrain system for recovery. The control structure would be located within the Laconia Street right of way. My concerns, are for future maintenance costs. I was always led to believe that the stormwater treatment would occur within the boundary of Sebastian Lakes. We were assured that there was adequate capacity in the existing system for Laconia Street. The last thing I had requested was that they verify the flood stage elevation with respect to Laconia Street to insure that the system would not back up and flood local streets. Earlier, during the week, it was brought to my attention, by John Redmond, Project engineer for Allen Engineering, that the bid specifications and construction drawings were ready. A minor modification had been included that would require stormwater treatment to occur within the right of way as required by St. John's River Water Management District (SJRWMD.) I inquired with SJRWMD for the reasons for treatment in the road right of way vs Sebastian Lakes. Perry Jennings explained that their overall permit had expired and they were seeking a permit for only the improvement within the road right of way which is easier to obtain. John Allen was concerned about the cost and time delays associated with an overall drainage permit because the final configuration is not certain. He indicated that when the project became developed by either the current owner or their successors, that the overall system could be designed to treat the stormwater runoff from Laconia Street. This is a option that could be handled by a developers agreement. However, should the property be sold and the new owners are unaware of this provision, the City may experience difficulty in obtaining cooperation from the new owners. I suggested, that if an overall drainage permit was not desirous, at this time, that a stormwater easement could exist within the Sebastian Lakes boundary to treat the stormwater runoff from Laconia. With the stormw~ter easement in place this would put the perspective buyers on notice that they are required to treat the stormwater runoff from Laconia. They could then inquire into the exact written provisions that could be identified in the developers agreement. Secondly, with the stormwater treatment area located outside of the right of way, a control structure would no longer be necessary. And, there would be no future costs to the City to remove it. Thirdly, if the property remains undeveloped for the next ten or twenty years or longer, then the City would have the expense of maintenance by either cleaning or replacing the proposed underdrain system. Fourthly, the City has always been told that the treatment for the stormwater runoff from Laconia would be within the Sebastian Lakes boundary and the stormwater easement would serve this provision. John Allen explained that the easement would encumber the property and reduce its attractiveness and possibly its value because of the uncertainty of future review agencies. It is possible that the agencies could perpetually tie up that portion of the property forever. I explained to John that I would discuss this with City staff and try to obtain and recommend direction within the following week. cc: Reading Board Kathryn O'Halloran Bruce Cooper Charles Nash Dan Eckis, P.E ! ! ! i 5~NI' BY:Xerox ]'e ecopier 9020 ; g- 2-93 ; 2:01PM ; 40"/6292779-' temb~r 1, 1993 Cooper Development Director RE= ice Box 780127 , Florida 32978 .an Lakes PUD Cooper= i It pleasure speaking with you on the phone today. I wou] lik this opportunity to once again introduce ourselves. i Corporation has been hired by Sebastian Lake ASS as Developer Consultant for the above reference pro We are in the process of our own Due Diligence for th pro we are aware of the importance of the issues involved I i' ) ~ our client and the City had hoped.to have a bi spe )n package prepared by the third week of August so th? I the ld obtain bids for Laconia Road before th~--fi~-stpulrl~ hea the Developer's Agreement. Unfortunately, an issue ha ari the drainage permit for the widenin~ of Laconi Rca prevented us. from completing the bi I St. Johns River Water Management District (SJRWND has .y determined that the permit for the project ha for that reason it will not be possible to simp1 project to one of the retention ponds on the Sebastia without reinstating the permit for the entir i The technical work to prepare such a permit applicatio wou lay the Laconia Road project longe~ than we desired. gui lution to this drainage issue would have been to plac und in the swale system, however, the City Engineer ha I ind that such drainage facilitie~ may only be installs tem ~. For that reason the resolutzon of the drainage issu · wi1 further inquiry and negotiation to reach a solution tha I is ,able to all parties. In regard, we have scheduled a number of meetings over th I hex . We will be meeting with the SJRWMD Friday, Septembe 3rd fully briefed on the permit status of the project and th alt available to us for providing drainage for the widenin of oadway. We have scheduled a follow-up meeting with th I dis on Tuesday, September 7th to attempt to negotiate a acc solution with them, and we have a meeting with you at (407) 629-6 ~O00-A North Orlortdo Avenue, %'Infer Pa~h, FL 02769.2294 FAX (407] 1407589557{J ;~ 2 t ,29-2779 SENT BY:Xerox Telecopier ?020 ; 9- 2-93 ; 2:02PM ; 407629277B- 14u';buu=~'lu;= ~ :e Cooper 1, 1993 2-' in I Tuesday. It is our hope to have a determinationbyne~ the type of drainage facilities that w~llbeoonstructe we can apply for the appropriate permit and complete t~ ifioations as quickly as possible. assured that we are doing all that we oan to reeolve~h~ quickly as possible. We are aware of ~he City's interes the roadway completed and are also aware of our client' resolving the outstanding development issues for th~ to meeting with you nex~ week. odd r Assooiats bars Hall, Greenberg Traurig, et al ~1 Freindlich, Sebastian Lakes Associates t d i I I I I I i I i I i I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Craft Club of Sebastian - Use of'Riverview Park Approved For Submittal By: Dept. oriain city Cler~/~ Date Submitted 8/26/93 For AqendaOf 9/8/93 Exhibits: Application dated 8/26/93 EXPENDITURE REQUIRED: ~O~T B~G~ED: APPROPRIATION REQUIRED: S~ STATEMENT The City of Sebastian has received a request from the Craft Club of Sebastian for use of Riverview Park for shows. The Craft Club has held shows at Riverview Park since 1988. Requested dates are as follows: 10/2/93 with rain date of 10/3/93, 11/6/93 with rain date of 11/7/93, 12/4/93 with rain date of 12/5/93, 1/1/94 with rain date of 1/2/94, 2/5/94 with rain date of 2/6/94, 3/5/94 with rain date of 3/6/94. Historically this request has always been approved by Council and unless otherwise applied for to City Council, the following are established rules for use of Riverview Park. 1. $100.00 security deposit. 2. No vehicles in the park. 3. Applicants provide sufficient waste receptacles and clean up after event. 4. No alcohol beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. RECOMMENDED ACTION Move to approve the above requests. CRAFT CLUB OF SEBASTIAN P.O. BOX 781776 Sebastian, Fi. 32957 Sebastian City Council Main Street Sebastian, FI. 32958 August 24, 1993 Gentlemen: We hereby respectfully request permission to use Riverview Park for our craft shows on the following dates: Sat., Oct. 2, 1993 with rain date of Sun., Oct. 3rd Sat., Nov. 6, 1993 and Sun., Nov. 7th Sat., Dec. 4, 1993 and Sun., Dec. 5th Sat., Jan. 1, 1994 with rain date of Sun., Jan. 2nd Sat., Feb. 5, 1994 with rain date of Sun., Feb. 6th Sat., Mar. 5, 1994 with rain date of Sun., Mar. 6th Please consider this request and advise us as soon as possible of your decision so that proper advertising may be done. We thank you for your continuing support of our club. Yours very truly, AD:mmd CRAFT CLUB OF SEBASTIAN i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Sebastian Property Owners Assoc. Use of-Community Center- Rummage Sale Approved For Submitt~'~ By: City Manager Agenda No. Dept. ~ City Clerk Date~~2~ 9[2[93 For ~ Of 9/8/93 Application and letter dated 9/2/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from the Sebastian Property Owners for use of the Community Center to hold a rummage sale on November 20, 1993 from the hours of 10:00 A.M. TO 5:00 P.M. The proceeds will go towards a scholarship to a High School graduate from Sebastian, and to a needy family at Thanksgiving and Christmas. They are requesting a waiver of security deposit and rental fees. In the past Council has approved various waivers of rental fees and or security deposits, however resolution R-$9-20, Section 6 is the only exception and it states clearly that in the event that the applicant is a school, church, or any other tax exempt entity they are entitled to 1/2 of the regular rate. R~COMMEND~D ACTION Review the above requests and act accordingly. fit CITY OF SEBASTIAN · ~ENTAL PERMIT APPLICATION N~er of Pe~ c~sti~u~ing ~oup or or.talon: ~ R~ted Date ~ ~ ~;~ /~P~ ~lease ~ I~ or ~: 'A~e kitchen facilities r~ired? Are yo~ a resident d Sebastian? 3) w~ decorations be lint up? 4) Mill ~here be an adsission or imf charge? 51 will alcohol/c buy, ages be served? (a} I! an~er ~o 15 is les- pemttee'$ prod of age (b)_ Ii ~lcoho! is to be scrod. ~e~ssiun is reqg.'red ~ the ~ Counc/l. Y~n: request ~ be presented to Coundl Anount ol Runt~L 7t S~ri~y Deposit: $ ~ta l~ta:$ ?elapSe ~o.: ,~ ~-~4hte of Application ~e chec~ PaTdble to: ~IT OF ~ASrlAH Security Deposit paid (date) in the ~mount of or Ash Rental Fee paid on (date) in ~he amount of initial AlcohoLic Beverage Request heard at the Council Meeting_on (date). Request APPROVEO/ O~ED. Fee Vaiver Request heard at the Council Meetinq on (dare}. Request APPROVED / DENIED. ~ey Pickup Date ,Key Return Date Security Deoosi~ returned by City Check ,~ amount of ' on in :he (date) Sebastian City Council Sept. 1, 1993 The Sebastian Property OWNers Association would like the use of the Community Center on November, 20, 1993, from 10 a.m. to 5p.m. For the purpose of having a rummage sale. We intend to sell items donated by our membership. The money from the sales will go, toward a scholarship fund for a High school gradUate from SEBASTIAN. We also intend to give to a needy family at THANKSGIVING and CHRISTMAS TIME. We would like the feefor the use and the security waived for we are a non profit organization. THANK YOU SAL NEGLIA . PRES SEBASTIAN PROPERTY OWNERS ASSOC~ON SEC____~T.IO_~N .~. SEBASTIAN YACHT CLUB RATES. The rates for the use of the Sebastian Yacht club are hereby set as follows: A. Four (4) hours flat rate - $50.00; B. Each additional hour - $7.50; and C. Kitchen privileges - $25.00 SECTION 5. NON RESIDENT RATES. In the event that the permittee is not a resident of the City of Sebastian, an additional fee of Twenty Five Dollars ($25.00) shall be assessed. SECTION 6. NOT-FOR-PROFIT ORGANIZATIONS. in the event that the applicant is a school, church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the Sebastian Community Center or the Sebastian Yacht Club shall be one-half (1/2) the regular rate. SECTION 7. COMMERCIAL USE PROHIBITED. Neither the Sebastian Community Center nor the Sebastian Yacht Club may be used for any commercial activity. Such facilities shall not be used for any profit making activity charitable, not-for-profit, or tax exempt entity. Any admission fee, entrance fee, cover charge, food or beverage charge, or any other fee, charge, or donation associated with the use of the Yacht Club or Community Center must be approved by action of the City Council. SECTION 8. CONFLICT. Resolutions No. R-87-68 and R-87- 68A and all other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION9. EFFECTIVE DATE. effect immediately upon final passage. except by a religious, political, The foregoing Resolution was moved for adoption by Councilman ~,/~--z~;6~~ and, upon being put to a vote, the vote was as This resolution shall take City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ,n FAX (407) 589-5570 I , AGENDA FORM SUBJECT~ Local Government Regulation Of Cable T.V. APPROVED FOR SUBMITTAL BY: City Manager,',/:::~ ~ ) Agenda No. 7~-~! ) ) Dept. Origin Finance ) ) Date Submitted 9/3/93 ) ) For Agenda Of 9/8/93 ) ) Exhibits: NATOA Action Alert 8/26/93 FCC Form 328; FCC Form 329 Falcon Cable Media Letter of 8/24/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: ;UMMARy STATEMENT Some 500 pages of new federal legislation gives certain cable t.v. rate and complaint responsibilities back to local government. This area is new, complex and confusing at best, and incomplete in the agency rule making powers of the FCC at this date. However, certain provisions became effective on 9/1/93 and the City should establish its intent to exercise its regulatory responsibility and authority. RECOMMENDED ACTION Move to authorize the Finance Director to complete all applicable FCC forms and file same with FCC with the assistance of the City Attorney. Also, move to establish a Cable T.V. Committee to study and recommend certain operating and/or community standards to the City Council as these FCC requirements continue to develop over the next year. ................ The National Association of Telecommunications Officers and Advisors An af~ilial~ of he National League of Cities August 26, 1993 FILE RATE REGULATION FORMS SEPTEMBER I Rate Regulation -- both federal and local -- begins September 1. h is very important for local governments to file both the certification form for regulating basic rates, and the complaint form for FCC regulation of enhanced tiers, on September 1 or as soon thereafter as possible. CERTIFICATION - Certifying to regulate basic rates is the only way m provide your community with the full protection of the new law. Form 328 is attached - do not forget to send a copy to the cable operator. FCC COMPLAINT - Along with your certification form, file your complaint with the FCC (Form 329, attached). This triggers FCC review of thc rates for non-basic tiers I ~- often the most popular tiers. Timing is critical, because refunds for non-basic overcharges only date back to the date the complaint is filed. FILE BOTH FORMS 328 AND 329 TOGETHER! VOLUNTARY RATE RF, CONFIGURATION- Many cable operators may reconfigure their tiers and rates (form programming aad equipment) just before I September I *- in theory, to comply with the new rules. The FCC is allowing operators to do this without notice to subscribers, who will learn of it on their next bill. Be prepared to advise consumers that regulation will have its impact in several months, at which time their rates may change again, presumably downward. NATOA URGES ALL LOCAL GOVERNMENTS TO FILE FORMS 328 AND 329 ON SEPTEMBER 1. FAX A COPY OF THE FORMS TO NATOA AT 202/626-3103. PLEASE NOTE YOUR SUBSCRIBER BASE ON THE FAX COPY. WE WILL BE OMPILING A LIST OF THOSE ]URISDICTIONS WHO ARE FILING FORMS. r~ ~0 I ~ ~C Uae Only I CERTIFI~TiON OF FRANCHISING AUTHORIn TO REGU~TE BASIC ~BLE SERVICE UTES AND INITIAL FINDING OF ~CK OF EFFECTIVE COMPETITION .............. J (~ln 11o ~. ~ ~~ ~ ~Y_ ~ / ~k c~e ~ke ~t ~e ~t ~ ~ p~t ~ 47 U.S.C ~n S43~)I unit kleflflflers within Your Jurbdiction. (A ~tt~ch ~ddiUamal Cadde System', Name ~tdbs Add,~ cay Cable ~/ll~m'~ FCC Community Un, Idamflflee Cable Syotem'e Name Cable Syetem'l FCC Commnni(1, Unit Identifier: 2. b. Name 00 of lydmn(j) and amx~iatid community unit identifier(j) you claim are aublect to re~ulation and with faq~ct to which you are fllinl thb IName of Sntem J Community Unit Idamtiflee 2.¢. Hav~youtervedacopyofthblormon,.qpa~ties Dyes DNo IMed in 2J).! the peesonnd to administer them! mldi~ble to rate relulatkm proceedt,~ by your franchis~n~ amlhorlty pl~lde · reasondde o~ormn~ Ior comiderMIon of the vim of Mud I)irtk~v ::]Yew E~No 6. The Commission pflsumes that the cable lyde~4J) lilled in 2~. b ~ ~ ~ ~ ~ ~m ht ~ ~ t~n 30 ~ of ~ ~ In ~e f~be ~ ~r~ to lb ~e ~e of I of ~~ in ~ ~~ 01)~n~ of ~ ~ in ~t k~ ~.) Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE 8¥ FINE AND/OR IMPRISONMENT (U.S. CODE TITLE 18, SECTION 1001). Return the edSlnal and one relay of this certHIcaUon Iorm (~ ImJlcited in im~l~-~onl), algaI with am), attaClMnam~ lo: Atlm Cable framchklnl Authmlty Certifkndon P,O, Box 18539 Wuhinsto,1. O.C. 20056 FCC 33~& 1. ConWSt'! Name FCC 329 CABLE PROGRAMMING SERVICE RATE COMPLAINT FORM (Carefully reid Mdructbm oa reverse berM& filling ~ Iorm) Daytime TMel)hoM No. (Mdude nm code): ZiP Cede ZiP Code Cable Coml)iN~s N~nm MellleI Addre# Cable COmM~y'B KC Community Unit IdmO/iM M know~ 4. Indicate wbMhor Wis is the tim time you have film rids camel·Mt ?lth h FCC or whldhor you ire filMi e coeK11d COmldiiM to cure a defect in & prior comidllnL CHECK ONE. For fCC Use Oed¥ 8. Indicate ~ cuff&al moMIdy rite (or Ibc cabin proWaffmdng Nrvlce 14. I c~b ~ b ~ ~ of my h~ &, iat~ali~ ,~id c~~bw s I I I ~ ~ ~A~ ~ ~ ~ ~ ~ ~N~B~ ~ FIN[ rMl IncreaJe, attach · ceqay ol a pelto41 bill (if available) reflecting the Date prior complaint filM- - -. rate immediately prkw to the rate iactiiM, r-1 r'il I DM& you receiv~l FCC I have ettocl~d · copy of my previous bill .... L-.I Yes I.u/No nMltlr~tJ~, that the prior complaint wiJ ddldiv~. .... 12, I certify G~t I am Nndh~ & ~ of Ihb c4miMMnl, includln~ MtadNnen~, to the calde company Ired the ~ drinchking luth~i~/d I &. Indicate who~y you ire dmllenginl Iho fllmmabimma off (1) i (lie lddreN~ listed id)eve vb tint dau nm#, ipoKnge prepaid, at f.~.e concemin~ came pro~rlmmbll Mrvlce or MIOCklklM equilmNmt in ~ tim I m Iklm~inll a co~ of thb cowqliliint to th~ FCC. NOTE: effect on S4~4emblpr I, 1993; or C2) · rate bm~ee, (rme ~he FBNore to IMil~y M reqoirMBeflt Ii11¥ NilU# i~ di~mmal o! your Inm~tlem for diffffent filing deldllam d~mdng on which type of compLliM you Aee filing) C~K ONE, comf~lnL The cadde cimqNmy will ma4 be required to respofld unles~ I b b dfect e~ S41~mof~ I, 1~93 yeu #md e cepyofthecemldaht to thocabll compen¥ by m~iL L.~J Ibee Income r-]Ye, ~1~0 II _. _. °--. I- 1 1 i. olusratM reflecting the rate Inet&Me ab&ut which l~u are ~ng. 13. I ball&ye ~ the cable ecHnlMAy'e rite IM the cdde prolrimming it Mi" Itm K'C's rile rqtdMioM. CHECK BOW .......... ~ I lib S. I! you Are filial · corrected cewq~iM to cure i defect lea prim I have atticl~d a eopy of my cuff&at bill. . .... D ye~ DNo I Comldab~, iaclicate the date the prior COml~m wlJ f#ed with IM FCC led ~ Me you received noU'flca~km h'om Ih~ FCC tkat the prim complaint wig cldectlve. 11. C)~dlMwI: It yo~ n a wbecrk chellmq~eI the rmMmablem~l of a I I .... I ! I ! ! -- I I I · _ l L ! ! I 10. If yau are · lubecrlbar, yov mira tRich& ~ of your current bill NOTE: Failure to Mtoch i copy of your cuffaM b#l feflectiM the rate or r~e ~ rely rINdt i# dilmbMd of your compiler. Lid channels by name iecluded in theIory,ce'-: 9. in d~e labto bdow, (lim(~lbe the cable Fengr&mmlng lervice to which the con~laint k Mldrmeed and, If alNd~.able, how # hm ch4nlL"d, if this q)ICe b inlufflci4mt, lt~clul~e any MId#ioflaj COmments M~ · separate p41ile ittKhod to t#l~ form. I I Federll Core.unsticks C-emmasiee ~va~inllton, D-C. ,~0SS~ INSTRUCTIONS FOR FCC 328 FRANCHISING AUTHORITY CERTIFICATION The r-able Television Consumer Protection and Compe(itK)n enacted in October lCJ92, chan~es the manner in which cable television lyKems that am m)~ subjeo~ to effective compelitlon are. mgula~cL In general, rates for the ~ (the liar ~quired as a condition of aece.u to all uther video services and containln& among other Jorvices, ,local broadcast station signals and public, educational, and public access channels) and associated equipment will be subject to reKulatlon by local or )~te Ilovemments ('franchising authorities"). Rates for cable programmln8 servlces and es~,ociated equipment (all services except basic and pay channels) will be 'subject *to reKulMion by the FCC. Rates for pa'( channels (chanhels for which t%ere is a specific per-channel ur per-program charse) ire not tabulated. Only cable sy~lems that oR not subject to effective competition may be mlulated. Effective comp~ition means thai (a) fewer than 30 percent of the households in Ihe franchise area lubscrlbe to the cable service ora cable ayl~m; lb) tho franchise area Is {t) rmrved by al leas! two unaffillmed multlehennal vicleo prosmmmln8 dlstributor~ each which ch,'ers comparable video proBmmmlng to al llmt 50 percent of the households in the franchise ama; and (ii) the number of households subscrlbln$ to programmln$ services o((emcl by muhichannel video proBrammln8 dlstrlbuu)rs uther than the largest mukiehennel video prosrammlnK distributor eXOL'~S 15 percent of the households in the franchise area; or (c) a multlchannel video prosrammin8 distributor operated by the franchisin8 authority for that franchise ama offers video pro,-darning to at least $0 perceflt of iht households in that franchise area. In order to tabulate basic service tier rates, a franchisin8 authority muse be ~en]fl~ by ~e FCC. In orc~r to be certified, a franchlsln8 authority must complete this from. An original and one copy pi Iht compllaed form and all ad~chmontl must be rdumed to lh~ FCC b'( re~idered mall, rldurn receipt request~cl, to the FCC pt the Iddr~l on I~ form. A copy ol't'he i'orm must be served on the cable operator by first.class mall on or before the date the form is sent or delivered to the FCC. The franchlslnff I~Khority's cor(ificatlon will become effective a(l~-~r ~ dlmstamD~l ch-J the ~receiDt unle~ otherwise j~utlfled by the Commission by that date. The frinchisln$ authority canno( be~ln to tabulate rates, however, until It has lc~ually adopted the required ~Sulezions (~eo below) and until it has nMified the. cable Oporltot that it has ~ ca,tiffed and that it has adopted the required msulaltor~s. Iff (~Kler to be calcified, franchisinB authorllles must answer *yes' to Questions 3, 4, and 5, which are explained as follow~: Question 3: The frinchlstn8 authority must adopt rate tabulations conslstefll with the Commission's reRulatio~s for basic cable servi~J~. To (ulfill this requimfYmnt for certification, Iht franchising authority may simply ~lopt a mgulatlon indicatin8 that it will follow the msulatlons,estebllshed by Iht FCC. The IranchisinB authority has 120 days I, adopl these regulations after the time it is certified. 'Iht franchising authority may ncR, however, beffln lo re8ulate cable rates until after il has adopted these tabulations Ired umil it has noMfied dsc cable operator that it ha~ been certified and has adopled the required re8ulations. Question 4(a): The franchising authmaty's ~lesal aulhorit7~ to tabulate basic service must come from state law, In some su~eL only the ~am enVLV~mem may re~ulau, tibia r~. tn those slateS, the slain Iovemmem should file this c~,'ti/lcatlon. Pruvisluns in franchise asmlments ¢hat prohlbl~ rate msulaUon ate vukL and do not prevent a franchisin8 authority from m~ulaLIn8 the basic service tier and a~se~iated equipment. A~u~ovee t,y OMB 10. 11, Question 4(b): The frlnchlslng aui~ri~/ musl have a sufficient number of personnel to undenake rate regulation. A franchise authorily unable to answer "ye~" to quaSi,ms 4la) ur 4(b) may wish to review the FCC's J~:~2jG(LOtder in D~ke~ 92-26~ FCC 9.1.177 (released May 3, 1993.) for further inloematlon on the establishment of alternative federal relulatory procedures. QuesMon $: Franchising authorities must have proc~lKluml m~ulations alJowin8 for public panlclrmMon in ram mRulation proceedings. If a (ranchising aulhority dues n~ have these resulatluns already in place, it must adopt them within ! 20 days of certification and before it may undertake rate tabulation. Question 6: Mat cable syJtems are D~ subject to effective competition, as defined by the. Cable AcL (The. definition is included above and on the (arm,) The franchisin8 authority ma'( Dr~ume {hat the cable sysmm In its ~urlKllctlon is not mubject to effective compMltkm. For purpo~m uf ala0JyinR the definition of effective c°mpelldon Lsee Item 2 above], "multichannel video prolPammin8 di~ributors' include a cable operator, a multtchannel muillpoini distribution service, direct broadcast satellite service, a television receive, only satellite proBrlm distributor, a video dlaltone service, and a satellile ma~er antenna television system. A muhichenrml video prosrammin8 dlstdbutor's services will be deemed 'offered" when ihey are both technically and aclually available..Service is "technically available° when the multichannel distributor is physically able to deliver service_ lo a hhusehold wishln$ k~ sub~cribe, with oflly minimal additional investment by the distribmor. A service is "a~ualb/ available' If subsLYibers In the franchise ara are reasonably awete through madcMin~ afforts tha~ the servlee is available. Subscribershlp of those multichannel video prosrammlng distributors olferinjl wrvlce to m least $0 percent o( the households in a emnchise area will be a88reSated to el~ermine whether at least t5 parabal o( the households In the franchise ama am served by competitors, A multichannel video prosramming di~trlbutor must ~ffer at least 12 channels of proRrammln& at least one channel of which is nonbroadcast, Io be found to offer "comparable" video prosrammln& This certification form mu~ be siBned by a 8ovemment official with authority lo acz on behalf of the franchislnR authority. ICC I~K)TIC[ TiC) iNDIVIDUA/~ BSQUIEED IiV THIE PBIVACY AC1' AND TI,It llAF'r~woaK I[OUCTION ACT The solieiMIIOn or IIm~oMI inlofmllkm in ~k 19)4. m ~. T~ ~m~ will uN Satiation, m for Iiw enf~em ~, THE FOKICOINC NOllCl I~ RK~uIRIIu aY 1Hi ~IIIVACY ACT OF lt?'$, f,L ~71, MCG4ila ]1, 1~7J, J U~.C 122W~) AND Tn! PA~IWOIX I~O~CTION ACT O~ l~10, f.L t6411, I)K:b(ILt 11, 1gl0, did U.LC 1507. 1. This FCC form is to be used by subscrlber~, franchising authorities, and other relevant Irate ur local 8owmmen[ entilie~ se~.ki115 to flit a complaint with the FCC challemllnll the reasonableness of a cable company's rates/or cable pmsramminB sewlce o~ for ins~allatlon or re~tal of equipment Uled to receive title pm~llmmln8 service. 2. The arm "cable programming sewice' includes all video programming provided by a cable company e~cal~t: (1) pmsrammin6 provided oli the basic ~ervice tier; or (2) pm~'ammine provided on a pay.per, cheonei or pay~er~orolram basis. See Que~ion 9. 3. The 'basic aervlce tier" is the tier that includm ever(he.air television broadcast signals and public, educational and $o~rnmen~l access channels. Under federal law, in mo~ imiances, your focal franchisin$ euthorRy r~r than the FCC m~ula~m ~ for the basic ~ewica tier o~' a~ax:la~d equipmem. Them~me, if you believe Ihet l~ur r~e for the balic Mrvlca tle~ oe msocJated eclu~ment ii unma~ormble, you should camact your local hanchlsinl eu~orey to ~lee if it is authorized to tabulate bulc service tier rites, 4. Ueder federal law, video pmBrammin$ provlded on a pay~er.eh, lmn?l or pay, per, pmsram basis (for example, a premium movie chennel sucr~ m HBO or a pay.~er, view limes event) is nol subject to rate relulation by either the FCC or your local Irlmchlsln! authority. 5. If you eno concerned about your rata for cable pm~'amming service or asecilled Mluipment, theft you may fill out this fom~ and submk it to the FCC. The FCC will e=,lmlne the reasonablone~s of your cabbe prolrammlng service me Kcmdin! to a ~4aectflc 6~mula, If the me the cable ceml~my currently is cheqllng you for the ,cable prell, ama!n,! service is greater than the rate produced by the FCC s from.ute, rrm came company's rme will be presumed unmasendMe, tn these amummnces, unJe~ the cable company can provide cell infolmatl¢m lO justify the nea~onablene~l of IU ~te, the ;CC may order a ~eh~d and/or a prospective rate reductlcm for the cable pmlrammin8 ~ervice al ~ssue. 6. Plea~ nme the followillg time limitations for filing a complaint: * If you am chellenBin8 the masonabtene~ of a rme incraue for cable prollrammlng service or a~ocialed eqoJpmefll, your complaint mu~ be aaually received by the FCC within 45 days from the date you receive a bill from your cable company mfleclln$ the ram Increase. (No(e: a n~lucUon I11 number of channels may consthme an effe~ive ram increase even though the existin8 rMe for the cable programming service remains unchanled.) o The only exception to the 45 day time limitation collcems cable pm~'ammin8 sewice end as~oclemd e~ulpment rams in ef~et whe~ the FCC*s rules become effecUve - that Is, ~,~mmber ~, 19~3. You may chelle~e the masonablone~s of such rime, but you mus~ ilia ,/our complaint withi11 1 B0 days from September 1, 1~3 - th~ is, by I:ebmary 28,1~4. 'e After February 28, 1994, you may o61y file complalnt~ about rate Incmm~ and you must follow the lermral iS.day filing mquimmem de~dbed abMe. · Late-flied cornplelnll will be dismissed with no opportunity m mille. 7. in addition to the cable company's name and mailing address, you should pn~ide ihe cable company's "FCC Communily Unit lde110fler.' (The FCC Community Unll identifier i$ a number u~isned to each cable wKem by the r-cc for administrative pumom,) Aim, you mu~ pmelde the name and malllnl ~ldmis of the Iocel franchlst,! authority. (The local franchisin$ authority is the local municil~l, counW or other F~emmont or~11ization th~ m~ulams cable television in your community.) FCG rulel require the cable company to furnish ell this lnfom~ation to you on your monthly bill If this infonmmion does not a;,pear either on the front or back of y~ur rrmathl¥ bill, amt~ct your cable company, your I~cal franchising authority, or your local W:wemnmnt to obtain the necessary tn(ormati~n before fllling out this ~, You mint I~dlc~a whether you ~m chelleagl~l the r&Moh~kleaeis ~: a~ a~cem~n~ ~.~le p~r.~,.in8 servk- o~ mocia~_ eq~ip.ment on SMXember I, 1993~ or b~) · r~. Increm~. Ex~l~ mr a Ileal Olmmtunity to chellense e=iltlnl ~ m elks! on_$el~emb~ 1, 3, complaims may be filed only in the event of a rate mcmam. FCC 329 INSTRUCTIONS 9. If yOU i~e & subscribe¢, you must at, ach # copy of yo~r monthly cable bill reflecling [he rate of rate increa~ a~ut which you a~ complaining. you am chaliensing the ~nablaness of a rate c~rnlnR cable pmsr~min8 ~wi~ or as~i~ ~uipment in e~ on ~m~r 19~3, ~ bill should ~ Ih~ r~. If you am chall~Bin8 t~ ma~nableness of a rae i~em~, t~ bill sh~l~ mfl~ the rme. (If you am challensin8 the m~onabi~ess of a rate incma~ and have a parlous btu which ~ ~ ra~ Imm~iateiy prior ~o the i~crea~, ple~ attach a co~ ~ ihe ~iou5 bill - nora, however, thai thi~ is ~ti~al.) 10. Y~ mat c~ck the ~x statln~ ~ut ~1~ Ihat t~ cab~ pm~ammi~8 mw~ t~ is unm~onable. The FCC ~ wiil app~ t~ fo~uia monti~ in pl~r~h 5 to d~ine ~r ~ c~le ~pany's we is p~umed makable or nm - ~u ~ nm ~ to make 11. You mml fill in all info~tlon ~ul~ ~ ~is fo~. 12. Y~ may ~m~ your I~al k~i~n~ a~W for assismn~ in ~t this ~. ~ Mdi~i~, you ~ ~h a $mt~t ~ your franchil~l lulhofl~ ~rib~l ~l ~ ~ ~ m~on~l~e~ of the ~ble ~ramm~8 ~i~ r~ in q~i~. This iS fl~ I ~ul~t. If ~ do an~h s~ a staw~ ~u ;~ld It~ mail a ~y of it to t~ ~ble ~pany. 13, You mull li~ and d~ this ~. F~ ~~ ~ A~: ~ ~mmi~ ~e ~ ~i~ P.O, b 11~1 ~ c~e c~ ~ ~ ~ I~ ~ ~r ~iiflO; arid the ~1 h~ I~ ~t I~ ~ I~ ~ your ~plebU, ~~, mh~~ym~~me~ mil f~ ~ ~r ~ ~ ~ d~. 16. If your ~mptaLnt ~ t~ ~uimmems li~ ~, the FCC will ~ulm the cable ~mg~y to mJ~ m your ~mpl~nt w~htn thi~ dl~ ~d p~i~ i ju~ifl~l~ ~r the ~abl~s of ~ur rate. T~ ~le ~y muJl pr~ide ~u WI~ l ~y of ~ ~nM to the F~. 17. T~ FCC staff will e~mlne y~r ~piaint and t~ ~le company's ms~ and ~ role ~ ~ m~on~l~s ~ the ceble pmsrlmmins ~l~ r~. This cuiinS wiil ~ in ~tinL ~d you will ~Jve a c~ by mail, if t~ ~C ~ ~lnes ~ t~ rate in qu~tJon unmiGIble, iz may o~ m~nds ~ pm~i~ rite If it ~e~i~s th~ t~ r~ iff quesdon is mamnable, the FCC staff will deny the complaint. ~ NO~ 90 IN~ ~ BT T~ ~ ~ ~D ~ ~ ~ g ~ ~N~'I ~- M ~i~ ~ ~i~, or for ~ M 11, I~ M U~C )~7, Ms. Kathryn M. O'Halloran, Acging Cigy Manager City of Sebastian P.O. Box 780127. R~: Upcoming Dear I During ~he week of September 1, our subscribers will receiving a notice in the mail tha~ alerts =hem =o changes in channel line-up and rages ghag wall be occurring ~his fall as a result of the new Federal Communications Commission (PCC) I regulations.. The first of these changes will be reflected in a new channel line up and rate card. A sample copy of the notice is attached for your review. Among the changes, we are eliminating charges for basic cable I on additional ouglets; we are reducing charges for remote controls, and we are re:iering to offer more channels on basic cable. We I have made these changes consistent with our interpretation of the very complex FCC rules and guidelines. In some cases, rates will rise for our customers; for some subscribers, rates will fall dramatically; for others, there will be no change. I FCC regulations preempt the normal franchise authority 30-60 day notification requirements; those requirements have been waived to meet federal government deadlines. I We h~pe to limit the changes required to comply with the law, and certainly seek go minimize any inconvenience go our customers. Nevertheless, some of ~he future channel line-up changes are not i under our control. If broadcasters do not grant us permission to continue go carry ~heir signal, then additional channel changes will be required on or before October 6 ~o comply with the must carry/retransmission consent aspects Of the 1992 Cable Act. I The new FCC regulations are complicated and create uncertain~y for everyone, we will make every effort to keep you and all of our customers fully informed along %he way, and encourage anyone with I a question or concern to call us at our office. We are working hard to make the cable law changes w~rk for everyone, and are absolutely committed to the delivery of quality entertainment and excellent service to our community. We look I forward to continuing to work closely with during what may be you an unsettling next few months. i Ken rickets, Regional Manager FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, TM: (407) 58g-3846~ 09/0a/93 09:11 ~ q07 I:11~1 $'[,tl I'KJ:,~I:., NA~U et. iii ~. ! We &re pit. cd to announce that we ~u~ ellm[na~g monthly cha~es for tmsic cabk o~ &ddlttoe~l outlet, sti;niflc&ntly mdc~'ing char~e~ for rcmotc controLS, and in &re. as wi~cr~ technically ixtsslblc, wc ~ a~ld[ng onc or mom Dew channels. With respect to rates, some customers will see their rotes ~o up, some custome~ will see them &o down, ~d in some ~ases, rates will mm&in We ire ch)hi our w~ best to limit the inconvenlenm and confusion ~t may result from the chn~es r~Nired to comply · c new c,~le law. There may be futura channel linc-up c.l~n~ that will not be.under our con.trot, il IocaJ broid43~t s~ttons do not &rnnt us pcrmtssign m continue to carry their SI&hal, th~ &ddidoEinl ch&nncl chaa&es wiU ix: rcqui~'d on or before October 6 to comply with g~e must c&rry/rerransmissioa uDects of UM Ii,ri C.3bie Act. We will kelp IK)u uixl&tc~ ~ frcqucntly as possible with ~ to nil eha~es ~d ippmciate your p~dence &nd consideration. Lastly, we want you Io know Fnlcon Cable'l'V Is working ha~J to make the FCC r~,viidom work for everyone, and we nrc ntaolutely committed to prov~dinl quillty enteni~ment and ou,cindln~ s4~ce to our. customers incl our commmity. ~low b the channel UAe*UP &nd revised rote card effective ~eptember t, 19~3. However, stnce our bOlln~ system needs m be repro~rwnmed, thcr~ may be · delay before these mca ch~n~es appeJu' on ymir bill. $1~:argy, ICew~e~ V1ckL.~ Rqioflel M&naier - F~n ~le ~ NE~ ~VI~S U~~ ~ ..... , ....... ~~L L~ ............... ~ ~TI~E '' 15 ~E ~IE C~[L *29 ~l ~ ~ DICEY ~EL '16 H~ 9~ ~ * 2 VE~ (2) ~ ~ ~Ch, FL 17 CtN~ *31 [~ 9 3 ~L (3S) F~ ~1l~, ~ '16 ~ '~ ~TS & [NTERTAI~HT * 4 ~ (~) INO Fort Pl~e, FL *ig ~ (43) ~ ~1~1t~, FL *33 ~[Rl~ ~l[ ~51~ + 6 ~PX-~ (6) ~ ~la~, FL '21 ~TC[ (211 [~ F~t P~cn. FL '3S L~ - PEG ~ntty ~cess * 7 ~F (25) ~C T~, ~ '22 T~ W~{K C~[L *~ ~ ~l~[ NE~ ' 6 ~ (18~ ~0 KI~L~ 23 ~ '37 NI~L~ '12 ~C (12) C8S H~t Palm Beach, FL Z7 ~T -41 ~-~ f~ ING ~a_ FL '13 ~X (~) F~ H~t Pih SIKh, F~ 26 ~BS (17) INO Atlaatl, ~ .~ ~ (~ ~na_ FL '14 LIFETiHE taxes, fe~s and Othm' assessments. A L~ CAitTE SERVICF.~ ~ $10,45 ,,T#T /.., $2,00 T~ DI~(Y CHANNEL 9,45 ,4(I'BS SN0k'TI~ 10.46 .TN~ DISCOVERY O~#(L 2.O0 CINKHAX 10.45 TNt I'IOVIE O'WiN[L 10.45 To better sews our eus~ome~ u weU rtL' bring our businces [nm compliance with the 1992 CJbie A~ we a~ m[ormattla& our cl~nn¢l Uae-up &nd mm struclur~ I I City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Handicap Ramp City Hall Approved for Submittal By: City Manag ) Agenda No: ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda of ) ) Exhibits: ) ) ) ENG/P~ 09-01-93 09-08-93 Sketch of the Proposed ramp EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The time has come to either repair the ramp or construct a new ramp. The current ramp does not meet handicap requirements as established by the ADA. This was a finding that came from the Handicap Self Evaluation Committee referencing Personnel Director's memo. Several complaints have been received in regards to the integrity of the ramp. It has been repaired in the past on several occasions. The wood is apparently rotted and during the last replacement of the decking it was noted that the stringers had deteriorated to a point that they should be replaced. Staff had planned to replace the ramp next fiscal year and budgeted $5000 for ADA accessability requirement's. The ramp should not be repaired but replaced to meet with its own legal requirements and reduce the City's exposure. As of July's operating statement there was approximately $60,000 available in the City Hall improvements fund. Upon review of different locations around City Hall, it is staff's recommendation that the handicap ramp be located on the Northwest Entrance where the current ramp now exists. The ramp would be constructed approximately 6 foot in width between the existing roof columns. It would terminate approximately 25 feet from the porch landing to a lower landing. Then two ramps one to the north and one to the west would allow access to the handicap parking spaces. The existing concrete stoop and a major portion of the existing concrete would be removed. We are currently in the process of obtaining costs for the installation of the handicap hand rail from several vendors. It is anticipated that the cost would be less than $2000. Ail work and labor would be done by Public Works Employees including the demolition, the forming, pouring and finishing of the concrete ramp and the installation of the hand rail. Staff has prepared the enclosed sketch for the proposed access ramp. This sketch will be forwarded to the Handicap Self Evaluation Committee for any revisions and comments to not only insure with ADA but to receive direct input from our own committee. RECOMMENDED ACTION This is for information purposes only and to discuss any concerns or design criteria, and direct staff accordingly to City Council's desires. I I TELEPHONE(407) 589-5330 [] FAX(407) 589-5570 I SUBJECT: Yacht Club - additional for Riomar Eng nee Approved for Submi tal I City Manag~ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 Permit ) Agenda No. ) Riomar Engineering ) ) ) ) Submittal By: ) ) ) ) ) Dept. Origin Date Submitted For Agenda of ENG/P~ 08-31-93 09-08-93 Exhibits: Riomar letter dated 8-26-93, with attachments EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Riomar engineering and Contractors Inc. of Indialantic Florida have been working on securing DEP, DNR and Army Corp of Engineer Permits for the above referenced projects. Original scope of services was not to exceed $2000. But because of the difficulties and the numerous revisions required by the agencies they have exceeded their budget amount on the permit and have requested an additional $500 to cover their costs to complete the project. Under the original terms of the agreement they have prepared the sketches and completed the application for the project. It was my responsibility to respond to comments and requests that were received from the various government agencies. I have enclosed a copy of the type of comments that the agency has generated and the response that I have provided. As noted by the comments, this has caused major revisions to the drawings and sketches to eliminate a portion of the wave attenuator, eliminate the mooring pilings and to provide the hand rails. They have made numerous phone calls with the government agencies on the City's behalf to determine an amicable solution that would be beneficial for the residents and still comply with the agencies requirements. To this end, they have successfully negotiated today, a 120 foot wave attenuator, extension of the existing finger piers with an additional 53 feet extending to the north and attaching to the existing fishing pier. Hand rails have now been included for the south section of the fishing pier with "No Mooring" signs to be posted. It is my past experience the additional costs are fair and reasonable and typically a permit of this type would have been closer to $4500 to $5000. RECOMMENDED ACTION Move to approve the additional costs of services of $500. to Riomar Engineering and Contractors Inc. August 26, 1993 RI city of Sebastian P.O. Box 780127 Sebastian, FL 32878-0127 Attn:' Daniel C. Eckis, P.E. Re: City of Sebastian Marina Modifications Riomar Reference Number P92123 · · '";:" ~ ~ '" ':~ ~_~ ",.~r~:? .'~.~'~,~- · ' Dear Dan, ..... "-: :"";'.~ · '..' '-.:/-7~ ':,'¥..~.,-. ':: :~..' .':~ . - As per our t. elephone conversatt0h ~terday,. W~ are revising our permit applacation and sketches to reflect the Department of Environmental Protection' s (DBP' S) e~en%.. As you know, the DEP is adamant about %he pier r~ining only a~ a fishing pier, with no tempo~arymoOring to. be allowed. Evid~nt}~, when it was ~riginally permitted by GDC, there Was. language =o the effect that at would always remain aS a fishing pier.. As a result, w~ have removed %h~ %~0rary mo6~ifi9 piles/rUb raals on the south sade of th~ d~;,:$~fl~d th~ WS~ ~tte~,ator to 120 linear feet and added bac~ ih>'%~!~f&ii &l~fl~ fha ~outh side of the fishing pier, All oth~r~i~i~8%i~fi~ ~i~ th~ ~am~, · ~ . .~ .~.','."', '~ ;~:'i '-~-,~i,, .- ~ . . ~.<<":-, :~. i:':,,,:<..~..'? · . . - Due to the diffieUlti~' ~h~6~~~i~'~=o~ ~aVi.fi°n~ ~aguired by all agenciee, we hava ~8~:~ bfl~t o~ thi~ pe~t~ We respectfully request an additi~&i'~$~OO~O0 be allocated tO cover our costs to complete this pr~Jaet. Should you have any queStion~ ~i~A~ Call me. Sincerely, . _. ,. ~ cc: file 420 Fo~tnb ,'~e. ltutialantic, FL 32903 r407) 729.8000 RIOMAR Enginee~ ~ ~nt~to~ l~o~or~t~ ~u~u~ 25, ~993 . Florida Department of Environmental' Protection State Lands, East Central Florida Field Office 400 West Robinson Street, Suite 208-South Orlando, Florida 32801 Attn: Wilbert Holliday Re: C~ty of Sebastian Marina Modifications Rlomar Reference Number P92123 Fil! Number 312264604 Dear Mr. Holllday: As per our telephone conversation' of today, the referenced permit' application drawings have been modified in response to comments from the Department of Environmental Protection. Enclosed, please find copies of revised permit drawings. The drawings have been modified to show the following: l) The existing ~ishing pier will not be used for the temporary mooring of vessels and" No Mooring" signs will be posted along the structure. The City of Sebastian still requests permission to do maintenance work to the fishing pier, ie. replacing the existing decking, handrails and benches. 2) T~e proposed ~" diameter piled rub rails, on the south sade of the f~shing pier will not be required. 3) 4) The City will be allowed to add 20 foot extensions to the two ex%sting 35' x 5' boat launching docks.and add the 52 · foot d~agonal dock that ramps up to the existing fishing pier from the northern launching dock. The length of the wave attenuator will be reduced from 340 feet to 120 feet. This is to protect the loading areas only. P.O. Box 991 Riomar Reference Number P92123 File Number 312264604 August 25, 1993 Page (2) We trust that the information provided is acceptable and i adequ.ate to complete your final review. If you should have.:~a.ny.~ .... '.' questions or comments, please advise. '"'- .. :~.~ ..-, I Sincerely Yours, , ~J. Mike Schram I President JMS/uw Permit File Dan Eckis, P.E. ~ ~' ~ RAMP UP TO -- ,. MEET rn m ~' -~ ~Z DOCK EXISTING > ~ ~ EL~ATION OF , 32" ~' ~O~HE~N ~ ~ ~ VARIES ~~ ',.w " > 0 A , I ~ ~<~ ~1 - o //5- I 'V !. STATE OF FLORIDA · DEPARTMENT OF I=NVtRONMtNT,~L REGULA'rlO~°D ~t~R 1 g Io RECEIPT FO ~ION l=Et~ ANti MI§CI:LLANEOUS REVENUE Dollars $ ~' ~'~ I I I I I I I I I I i I I lXl March 18, 1993 City of Sebastian c/o Riomar Engineers & Contractors 420 Fourth Avenue Indialantic, Florida 32903 Dear Applicant: , City of Sebastian Indmn River County - WRP This is to acknowledge receipt of your application file number 31-226460-4 for a permit to. add 20 .feet t.o the existin, g.34:foot long by B-foot wida~docks n.o. rth and South Of the boat talllpl IM§t§ll It W§O{fe~ Wasa a~ia~Ha~,~ s~de of the fishing pier; add 17 rt0w IIit1 ~ tO th ..... ~,,~o.,,, =,u-u ,~.~ norm , P g e south §Ida of the let t:onne the north dock to the hshin ier and r r,I '-~ ,.,,,.+~-,., .~..-,. -_~ ,__._P! :. ..Ct . . . g P e~.ac,. =,,,o,,,,t~ u~:~, ~nu rlanOrallS to the s_tructure.m the Irldmn R~ver Aquatic Preserve., The project ts located in Section 6, Township 31 South, Range 39 East, in indian R~ver County. [X} This letter constitutes notice that a permit will be required for your proiect pursuant to Chapter 403, Florida Statutes. I ] Your application for permit is complete as of ~ and processing has begun. You are advised that the Department under Chapter 120, Florida Statutes, must take final action on your application within ninety (90) days unless the time is tolled by an administrative hearing. Your application for permit Is Incomplete. Please provide the Information listed on the attached sheet promptly. Evaluation of your proposed project will be delayed until we receive all requested information. The additional information wa~ received on , however, the Items listed on the attached sheet remain Incomplete. Evaluation of your proposed project will continue to be delayed until we receive all requested reformation. [! I ! Amtodtihfi~.,~i~..e.. n:_o .p._e.r..rrlit,_Is_re~u_i.re, d' ,for y.o..u.r.p, rojec~t by t~his Department. Any ,~o~.~,H= .. yuur pmns snoulo _DI} SUUlllltt§d fdf t§VI~.~N, e§ change§ may result In permits being tettUIred. Thl!t letter does not relieve ou from the need to obtain any other permtt~ (local, state or federal) wY~ich may be required. If you have any questions, please contact the undersigned of this office. When referring to this project, please use the file number indicated. Attachments cc: Dept. of Natural Resources AP, Brian Peele Sincerely, I amy Weingarden Environmental Specialist Wetland Resource Permitting ! - , IIEC'D MAR :1 9 ~993 /~[:'.. "" ; ,r~-__)~ Florida Department of Enwronmental Regulation ~ ...... ~ Central DIstrict · 3319 M:~ ~d, Sul~ Z32 $ Or~, ~ 3Z~3-3~7 .... March 18, t 993 City of Sebastian ~/o ~iomar E~gin~ers ~ Contractors 420 Fourth Avenue Indialantic, Florida 32903 Cit~ of Sebastian indian River County - WRP Dear Applicant: This is to acknowledge receipt of your. application file number 31-226460-4, for a permit to add 20 feet t.o the existing 34:foot long_by. 5-foot..wlde.dock. s irlltlletiletel¥ north and south of the 00§t tzfttOJ i~t§11 ii WOOU-efl W§V~ side of the fishing pier; add ~7 .~W i~,lllHg§ tO the §outh.§lde the north dock to the flshlng pter and replac~ ex!sting deck and handrails to the structure in the Indian River Aquatic Preserve. The project is located in Section 6, Township 31 South, Range 39 East, In indian River County. IXl This letter constitutes notice that a permit will be required for your project pursuant to Chapter 403, Florida Statutes. {1 Your application for permit is complete as of and processing has begun. You are advised that the Department under Chapter 120, Florida Statutes, must take final action on your application within ninety (90) days unless the time is tolled by an administrative hearing. IXl Your application for permit is incomplete. Please provide the information listed on the attached sheet promptly. Ev, aluatio,n, of your proposed project will be delayed until we receive all requested ~nformabon. I1 The additional Information wa~ received on , however, the Items listed on the attached sheet rem~ili~ Incomplete. Evaluation of your proposed project will continue to be delayed until we receive all requested reformation. I } At this time no permit is required for your project by this Department Any n od~hcations in your plans should .be ~Ubmltted for rs¥1ew, as changes may result in permits being required. Thl~ letter does not relieve you from the ne~d to oblain any other permits {local, state or federal) which may~be----~ roquired.. If you have any questions, please contact the unders,gned of this office, ~ referring to this project, please use the file number indicated, ! Florida Department of Environmental Regulation ' ~'~ OF ~tO ...--"' · COMPLETENESS SUMMARY WETLAND RESOURCE MANA~GEMENT PERMIT APPLICATION City of Sebastian cio Riomar Engineers & Consultants 420 Fourth AveMu~ Indialantic, FL 32903 NAME: ADDRESS: File No.31-226460-4 The following marked items were omitted application as submitted: (X) () (} () ( ) DATE RECEIVED: 02-23-93 DATE REVIEWED: 03-08-93 BY: Tamy Weingarden or were found to be incomplete in your Application fee, $300 has been received; $~' is due. IFAC Rule 17-4,050(4); 17-312.O60(16)!. Letter of authorization for your agent. [FAC Rule 17-312,900(1)l, Certification of drawings by.. e .professional. engineer or registered land surveyor, IFAC Rule 17-4.050{3)& 17-312.O60{4)]. One copy of aeria! photographs of project area, scale 124,000 (1" =200 ft.) or greater (more detailed) IFAC Rule 17-312,060{5)]. Consent of use of state-owned land from the Board of Trustees (Department of Natural Resources) in the form of (See application pamphlet for explanation) [Section 403,922, F,.S.]. APPLICATION FORM lRule 17-312.900(1 )] Your application was not signed; please sign and return. Your affidavit of owner§hip WaG tt0{ §lgnedtnot~IHzed; notarized, Item No..~__ was not completed, Please provide. DRAWINGS IFAC Rule 17-312.900(1 )] vicinity map: See notes below, Plan view: See notes below, Cross-sectional view: See notes below. please sign/have City of Sebastian File No. 31-226460-4 Page 2 ( ) ( ) ( ) (x) WATER QUALITY INFORMATION Your project is in Class II waters. Please provide a detailed plan protecting the area in the vicinity of the project from significant damage. IFAC Rule 17-312.08016)]. Your project is in Class__ waters. Please provide detailed plan complying with State Water Quality Standards as outlined in Rule 17-302,500, 17-302.510, and 17-302.__, FAC. Your project is in Outstanding Florida Waters. Please provide the Items demonstrating compliance with Rules 17-4.242(2)(a) & 17-312.080(3), FAC. HYDROGRAPHIC. INFO.R..MATION Your project will require a hydrographic survey or a hydrologic evaluation, to be conducted under supervislpn of the department. Please have your engineer contact at (904)488-480§ to discuss the specific details. [FAC Rule 17-312.060(5)]. Additional information is needed to complete the hydrographic review or hydrologic evaluation pursuant to FAC Rule 17-312.060(5). Please provide the following: ADDITIONAL INFORM .A..TION The following questions are asked pursuant to Rule 17-312.060(5), FAC, Please see attachment. Notes: 1. The. following questions related to the completeness of your permit apphcation are being asked by our permit processor in accordance with,F.A.C. Rule 17-12.060 to help us better evaluate the impacts associated w~th the proposed project. 2. Please note that ,your ,project as, propOsl~d Is rtUt expected to re~i;Ive a favorable technlc§l ~t§ff revlOW for tietmittlng. Thi~ doe§ not represent final agency action, howeveh It ts based on considerable experience In permitting matt. ers. The Department ~trongly suggests that the project be modified to substantially reduce Wetland Impacts on the slte, The following questions should be carefully answered If you choose to pursue the project .as proposed, if you choose to .modify the. project, the Department may require information in addition to the~e que~tions In order to fully evaluate your proposal. City of Sebastian File No. 31-226460-4 Page 3 ., 11. 12. 13. 14. 15. Please note that your pro}act is located in an Outstanding Florida Wa.t. er (OFW), therefore you must demonstrate ,that your project is ~ tn the i public interest, Furthermore, yoUr project must, not increase pollutant loading in an OFW. Based on the information provided, your project would adversely affect the biologlcal resources in and around the prolect vtcinity I because of shallow water depths {typically 2-3 feet) and extensive submerged vegetation in the area. I Please provide any available information rega_rding .pre.vious permits that have been issued {or denied) by the Department for projects on this site. Include file numbers and issuance/dental dates~ If possible. I Item number 14 has not been completed {neither box has been checked). Please affidavit is the record owner or not, indicate whether the person signing the by providing an onginal completed affidavit with the appropriate box I checked. Ple~3se provide the legal description and survey for the property where the proposed work will take place. I Please explain in detail the type, size, number and amount of draft vessels have which launch from this boat ramp on weekdays versus weekends/holidays. I P!ease explain in detail, why a wave attenuator is proposed along the north ' hin ~er In addition please explain how the proposed s~de of the tis g P-' hin " i attenuator is supposed to protect boats ~l'uring launc g... From what direction do most of the storms come from in this area? Please explain why the handrails are proposed to be ~ and not replaced I from the south side of the structure. Please explain the purpose for the proposed rub tail along the south side ofI the pier. The.,cross-sectignal_drawipg does not.show any detail to the proposed 17 plies on tho §OUth §ld~ ~f th{! I~10t. PIii§~0 bl§tlfy and r~vts§. I Please explain why the north access pier {to the boat ramp) is proposed to be extended.to the southern side of the fishing pier. I Is any work proposed at. lon th,e boa[ tamp? What are the dimensions to the ramps? How many vessels cab launch at the same time from this ramp? Please state the full function, intended t~ses and purposes to the proposedI improvements at the existi~g structures. I City of Sebastian File No, 31-226460-4 Page 4 16. 17. 18. 19. 20. How many vessels do you propose to moor at the structure? How long will the vessels moor along the south stde of the structure? Based upon the information provided, the Department is not certain whether your proiect as proposed will require additional money and be processed as a standard form application or simply as a short form. (Also, your project may require a hydrographic evaluation.) On the plan view drawing please reflect location of all seagrasses and/or oyster beds. At this time, the Department makes the following recommendations: eliminate connecting boat launch dock to the fishing pier; b. eliminate wave attenuator; c. eliminate pilings on south side of pier and all proposed mooring areas; d. propose handrai!s alon. g entire fishing pier; e. install "no mooring" s~gns at fishing pier. The Departmen. t reserves the right to request addition information once the responses to th~s request have been received. City of Sebastian POST OFFICE BOX 780127 ~ SEI~ASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 'u FAX (407) 589-5570 June 1, 1993 Department of Environmental Regulation 3319 Maguire Blvd Suite 232 Orlando, F1 32803-3767 Attn: Tammy Weingarden, Environmental specialist Wetland Resource Permitting RE: Application File No. 31-226460-4 Comment letter dated March 18th, 1993. Dear Ms. Weingarden: This letter is written in response to your comments received for the above referenced project. Response to your comments will be in the same order in which they were presented by your letter dated March 18, 1993. In your letter, you state that e permit will be required for this project pursuant to Chapter 403 F1 Statutes and that you indicated that the permit was incomplete. The completeness summary ~r W~%']~T~d~ Resource Management permit application are as follows: I. Items found to be incomplete. 1) Application fee of $$00 has been received as acknowledged by copy of receipt. However, a ~ asterisk amount has been indicated in the blank space for an amount due which indicates that additional fees would be expected. However, there is no direction as to the additional amount required nor es to reasons given for the additional amounts. It is our understanding that the department is not sure after reviewing the documents which category this project would be permitted. Therefore, you note later in your comments that a determination will be made at some later date. Application processing fees were originally identified by 17.4.050(A)(d) (D Wetland Resource Management (Dredge and fill) permits, Sub Paragraph d. Short form construction projects. ].) 0-2 new boat slips $300. This permit fee application was assumed to be the proper application fee amount since no new boat slips were being constructed by this proposed project. The application was for enhancement of existing boat slips facilities which included a breakwater system and extension of the finger pier to provide a safe access and more area for boats to tie up durigg inclement weather. 2) One copy of an aerial photograph of the project area at scale of one inch equals 200 feet has been provided for more detail as referenced in FAC rule: 17-312.060 (5) II Application Form 1) No comments were identified III Drawings 1. Vicinity Maps, you referenced, See Notes Below. Acknowledged. No action required. 2. plan View, you referenced, See notes below. Acknowledged. No 8crt. on requ].red. 3. Cross Section view, you referenced, See notes below. Acknowledged, No Action required. IV. Water Quality Information 1. Water quality information - You indicated that our project is in Class II waters and that we should provide e detail plan protecting the area in the vicinity of the project from significant damage. FAC Rule: 17-312.080(6) which recognizes that the department can deny a permit for dredge and fill in Class II waters unless the applicant submits a plan or proposes procedures to protect the waters and the waters in the vicinity. It should be clearly understood that the City of Sebastian is not proposing any filling or dredging in connection with the proposed improvements for this project. That the proposed work includes the renovation of the fishing pier deck, extension of the finger piers, construction of a breakwater system, and the setting of pilings between the bend members of the fishing pier to prevent boats from accidently getting caught under the pier. 2. Identifies that our project is in Outstanding Florida Waters and requests that we provide items demonstrating compliance with rules 17-4.242(2)(a) and rule 17-312.080(3) Rule 17-4.242(2)(A), Subparagraph 2a - Standards applies to Outstanding Florida Waters; no department permit or water quality certification shall be issued for any proposed activity or discharge within an Outstanding Florida Water or which significantly degrades either along in combination with other stationary installations in any Outs~anding Florida Waters unless the applicant affirmly demonstrates that the proposed activity or discharge is truly in the public interest. This is s public facility utilized by not only the residents of Sebastian area but the residents of the northern end of Indian River County and the southern end of Brevard County as well as the Florida Marine Patrol and the U.S. Coast Guard Auxiliary. Funding for this project has been obtained in part from the Florida Boating Improvement Program which recognizes that the improvements at the Yacht Club and the boat launching facility as being in the publics best interest. The Florida Boating Improvement Program is organized through Indian River County'~ D~m~rtment of PRrks and Recreation and the improvements were approved by the Board of County Commissioners as identified in the letter of April 8th, 1992 from Carolyn K. Eggert, Chairman. Rule 17-4.242(2)(A), Subparagraph 2(b) The existing ambient water quality within the OFW shall not be lowered ss a result of the proposed activity or discharge because no filling or dredging is required for this project. This project does meet with the FAC rule 17-312.080(3) which states that no permit shall be issued for dredging and filling which significantly degrades or is within the Outstanding Florida Waters, because this project will not require any dredging or filling to be done to complete the project as outlined in the scope of work. V. Hydrographic information 1. No comment received. No action required. vi. Addit~onsl information The following questions were asked under FAC rule 17-312.060(5) 1. References the rule to better evaluate the impacts ssociated with the proposed projects. No action required. 2. Identifies with the project as proposed is not expected to receive favorably technical staff review for permitting and the department strongly suggests that the project be modified to substantially reduce wetland impacts on site. And, therefore, all the following questions should be carefully answered. It is noted that if we do modify the project the department may require information in addition to these questions to fully evaluate the proposal - No action required. 1. a~ this project is in the publics best interest as identified from the previous response to comment no 2 Section IV. That this would serve the public at no cost. 3. b. Your comment ]_nd~c~'es th-t the project must not increase the pollutant loading in OFW> AS stated before in the previous response to your comments, this project would not increase the pollutant loading into OFW. Because there is no dredging and filling associated with th~s project, in essence, there could be amount of pollutants loading if this project a reduction of the were allowed to proceed. CurrentlF as boaters try to use the loading ramp from the Sebastian Yacht Club they have limited space in which they are able to tie off. During the time that a boater is waiting, it is typically observed that the boaters run their boats in a continual circle until the boat ramp becomes available. If tieoffs areas were increased to allow boaters to wait their turn with their motors shut off this would reduce the amount of pollutants loading into OFW. 3 c. You indicate that based on information provided that our project would adversely affect the biological resources in and around the vicinity because of the shallow water depths typically two to three feet and the extensive submerged vegetation in the 8rea. As indicated above from previous comments, there would be 8 minimal effect on the biological resources. That there will not be any filing or dredging in the project vicinity. This project is for boater safety and would reduce the boat activity while boats were being loaded onto the trailers by having boaters with their motors turned off. 4. You have requested 8n¥ ~,nformstion regardimg previous permits After research of the City files, no information is available regarding previous permits whether issued or denied by the Department for any projects on this site. 5. The person identified for the execution of the application is the City Engineer. The City Manager is not the owner of record. Since this is a municipality the property has been deeded to the City and a copy of the quit claim deed from General Development Corporation along with the correspondence have been included to show how this piece of property was conveyed to the City. Also find enclosed an original affidavit signed by the City Manager authorizing Daniel C. ~ckis, P.E., City Engineer/Public Works Director to act as owners representative for all permitting requirements. Please note that item number 14 which has not been compketed has now been ct~ .... :k~d r,~ o~;~er representative. 6. Please find enclosed a COpy of the survey and legal description for the property and where the proposed work shall take place as prepared by William Matt Land Surveying dated December 17th, 1992. 7. No detail information is available as to the type, size and number of the amount of draft vehicles which launch from this boat ramp verses weekend and holidays. However, generally the type of boats and size vary from small Jan boats for river fishing to 20 or 22 foot ocean going vessels, some. ere used by private individuals, and some for commercial purposes. The boat ramp is used on a light to moderate basis during the weekdays. However, weather pe~mitting, weekends and holidays it is not unusual to see 20 or more boat trailers parked at the Yacht Club and the adjoining Riverview Park signifying a moderate to heavy use. 8. The purpose for the wave attenuator along the north side of the fishing pier is to provide safe haven for boaters during inclement weather to protect boats during recovery not launching. Typically boats are not launched during adverse weather conditions, but try to load their boats on their trailers. The wave attenuator would work to protect the boats during recovery by breaking the wave action from storms coming from the northwest to the northeast. 9. Most of the storms come from the northwest to the northeast which is typical of most of the northern storms when most of the heaviest storms occur. lO. The hand rails are proposed to be removed and not replaced from the south side of the fishing pier to allow boaters to access the fishing pier to the trailer parking lot to pick up their boat trailer so that the boats can be loaded. The handrail as ~t now exists, only creates an obstacle for most boaters. This would help to encourage boaters to tie along the fishing pier cut their engines and then load their boats. 11. The purpose for the proposed rub rail along the south side of the pier is to provide an intermediate piling between the concrete columns that support the £~shing pier. Typically, their distance is approximately twelve fleet apart and with the installation of a piling half way between, would provide a six foot open area in which a boat of minimum to moderate size or larger may lay up against without fear of damage to the gunal or other portions of the boat. 12. The proposed seventeen pilings on the south side of the pier have been added to the cross section detailing their location. 13. The north access pier has been extended to the south side of the fishing pier to allow boats wishing to load on their trailers to be kept in the sequential order in which they have entered the facilities. In other words es the boat ahead of them is able to pull up along the pier to the loading ramp, the subsequent boat to the rear is able to take their piece in an orderly fashion until the last boat is out of the water. This would lead to fewer conflicts among boaters and this would be $ smoother operation. indicated on the enclosed survey and The boat ramp dimensions are have been added on the permit application drawings. The dimensions are 35 feet in width and approximately 54 feet of the concrete boat ramp to the approximate edge of the water. Typically no more than 2 vehicles can launch from this facility at the same time. 14. The intended uses and purposes to the proposed improvements 'at the existing structures is simply to facilitate the operation of loading boats from the water onto the trailer. Currently boats now must circle within the basin area creating prop wash and causing additional wave action within the area. The proposed facilities will be utilizing similar to the existing facilities with Just minor modifications to allow boats to stack in an orderly fashion with their motors turned off. This would allow boaters a safe haven during inclement weather in which they would be able to tie up their boats, seek shelter of the land until the storm were to pass and then withdraw the boat from the water. 16. No vessels will be allowed to moor at this structure. The intended use is for the orderly loading of boaters from the water and to enhance boater safety. 17. You indicate that the department is not certain whether our additional money and to be project as proposed will require processed as a standard form application end that also our project may require a hydrographic evaluation - so noted. action required. 18. The location of oyster beds and seagrasses are located outside the scope of this project within the Indian River Estuary. No 19. a. Unacceptable. The connection for the boat launch to the fishing pier is necessary to provide additional storage for boaters for the organized loading of boats from the water and to provide a safe haven during inclematic weather. 19 b. Unacceptable. The wave attenuator iS required to reduce wave action during squalls or northerners that occur during periods of inclematic weather and to allow the easy and safe removal of boats from the water. 19 c. Unacceptable. Pilings on the south side of the pier provide an area for boats to tie off in an organized fashion and to allow the boaters to retrieve their boat trailer and remove their boat from the water without having to spend time circling within the basin area. 19 d. Unacceptable. Handrails along the south side would only interfere with the boaters trying to gain entry to retrieve their boating trailers to remove their boats from the water. 19 e. No permanent mooring will be allowed at the fishing pier. 20 Comment acknowledged: That the department reserves the right to request additional information once the responses to the request have been received. No action required. Sincerely, Daniel C. EckiS, P.E. City Engineer/Public Works Director DCE:lk i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I , AGENDA FORM SUBJECT: DTF, Inc. Intent to Renew Sebastian Municipal Golf Course Concession Agreement APPROVED FOR SUBMITTAL BY: ) Agenda No. 7~-~,u ) ) Dept. Origin ci~ Clef) ) ) Date Submitted 9/1/93 ) ) For Agenda Of 9/8193 ) ) Exhibits: Fink Letter dated 8/24/93 Concession Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: ~UMMARy ~ city Council adopted Resolution No. R-90-43 approving a Sebastian Municipal Golf Course Concession Agreement (executed November 16, 1990) between DTF, Inc. and the City of Sebastian. The three year initial agreement expires on November 15, 1993. Provisions of the agreement give the Concessionaire the option of renewing the agreement for two additional one year periods ("Option Term") by providing the City with written notice to exercise said option no less than sixty days nor more than ninety days prior to the expiration of the current term. (see paragraph 2. Term of agreement) DTF, Inc. has submitted a letter of intent to exercise its option to renew the Agreement for an additional one year period within the required time frame. A proposal to amend the Concession Agreement from Dennis Fink will be presented to City Council at a future workshop. RECOMMENDED ACTION Receive the letter of intent from DTF, inc. to exercise its option to renew the Concession Agreement with the City of Sebastian for an additional one year period. AUGUST 31, 1993 · CITY OF SEBASTAIN CITY MANAGER THIS LETTER iS TO INFOR YOU THAT DTF, INC. iNTENDS TO EXERCISE OUR FIRST "OPTION TERM" UNDER THE CONCESSION 'AGREEMENT ENTERED ON THE 1BTM DAY OF NOVEMBER, 1990 BY AND AMONG THE CITY OF SEBASTIAN AND DTF, INC. FOR THE FOOD SERVICE CONCESSION AT THE SEBASTIAN MUN. GOLF COURSE. BECAUSE OF TIME CONSTRAINTS, A MODIFICATION OF THIS AGREEMENT MAY NOT BE MADE AVAILABLE TO CITY COUNCIL BEFORE THE SEPTEMBER 16, 1993 DEADLINE, HOWEVER I WOULD LIKE CITY COUNCIL TO KNOW THAT I HAVE PRESENTED TO THE CiTY A PROPOSAL THAT WOULD MODiFIY THIS AGREEMENT IF AGREED BY CITY COUNCIL. SINCERELY~ DENNIS R. FINK DTF, I NC. CONCESSION AGREEMENT _~day THiS_CONCESSION AGREEMENT, made and entered into this of ~/D~~ , 1990, by and among the CITY OF SEBASTIAN, FLORt/bA, a Florida municipal corporation located in Indian River County, Florida (hereinafter referred to as the "City"), and DTF, INC., a Florida corporation (hereinafter referred to as "Concessionaire") and DENNIS R. FINK and THERESA L. FINK, individually, who reside at 201 Plantation Club Drive, No. 1607, Melbourne, Florida 32940-1970 (hereinafter collectively referred to as "Guarantors"). W I T NE S S E T H: WHEREAS, the City operates a municipal golf course, the facilities of which include a clubhouse and snack bar; and WHEREAS, the City desires that a food service concession be made available within the clubhouse and snack bar facilities to provide food and refreshments for the better accommodation, convenience and welfare of the general public using said golf course; and WHEREAS, Concessionaire possesses substantial experience in the food service industry; and WHEREAS, the City and Concessionaire desire to enter into an agreement whereby Concessionaire is granted the exclusive right to provide food services in the clubhouse and snack bar facilities located on the golf course; and WHEREAS, Guarantors have a financial interest in Concessionaire and desire to induce the City to enter into this Agreement with Concessionaire by providing the guarantees set forth herein. NOW, THEREFORE, in consideration of the premises, the covenants, terms and conditions to be performed as set forth hereinafter, the receipt and sufficiency of which are hereby acknowledged, the parties hereto have agreed and do agree as follows: 1. License: Subject to the terms and conditions set forth in this Agreement, the City hereby grants to Concessionaire an exclusive, nontransferable and personal license to operate a food service business in the clubhouse and snack bar located on the City's municipal golf course, as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Concession Facilities..). 2. Term: The tarm of this Aareement shall be for three ~%) yeats commenc-6Ing on ~~~ /~ _-w-~1990 and ending on Y/~~4 /~' , 199~, ~nI~ss earlier terminated as provided herein (the "~rm")~ So long as Concessionaire is not in default of any term, condition or covenant provided herein, Concessionaire shall have the option to renew this Agreement for two (2) additional one (1) year periods (the "Option Term") by providing the City with written notice of Concessionaire's decision to exercise said option no less than sixty (60) days and no more than ninety (90) days prior to the expiration of the current Term or Option Term, as the case may be. Following the expiration of the final Option Term, this Agreement, and the terms, conditions and obligations provided herein, shall continue in full force and effect,until such time as either party shall elect to terminate this Agreement. An election to terminate this Agreement shall not be effective unless the electing party shall give the non-electing party written notice of such election at least ninety (90) days prior to the effective date of termination. 3. Concession Fee: (a) Basic Concession Fee: Concessionaire hereby agrees to pay the City lh retur~'f0r the license granted herein, the basic concession fee of Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) per year, payable in equal monthly installments of Two Hundred and 00/100 Dollars ($200.Q0) each, on the first day of each calendar month commencing on .~,~~./~ , 1990 and continuing on each successive month thereafter for as long as this Agreement remains in effect. (b) Adjustments to Basic Concession Fee: At the end of the first year during t~ Term h~6f, and fhereafter at the end of each succeeding year during said Term, the basic concession fee (and the monthly installments thereof) shall be increased in a-h-amount egual to the basic concession fee in effect immediately T~ior ~o each-suc~ ~nc'~ease'~ultiPlied ti~e~ f~ve pe~cen~ heq~aSi6~onc~sslon-fee thereby establi~he~by such incr~'~ sh~l continue in effect as the basic concession fee required to be paid hereunder until again increased as herein provided. At the end of the final Option Term as set forth in paragraph 2, the basic concession fee shall be increased in an amount equal to the basic concession fee in effect at such time multiplied times ten percent (10%) and, thereafter, at the end of each succeeding year for as long as this Agreement remains in effect, the basic concession fee shall be increased by an amount equal to the basic concession fee effective at the time of such increase multiplied times five percent (5%). The basic concession fee thereby established by each such increase shall continue in effect as the basic concession fee required to be paid hereunder until again adjusted as herein provided. (c) Gross Receipts Percentage Fee: In addition to the basic concession fee sef for~'h ~bov~, Concessionaire shall pay to the City, on a monthly basis, ten ~percent (~10~) of Concessionaire's.beer, wine and li uoqgp_~_~tro~ receiPts (sales leS~ applicable tax) as determined under and according to the terms set forth in Paragraph 6(i) of this Agreement. (d) Additions to Concession Fee: Concessionaire shall pay, in additi6n ko the concession'fee provided hereinabove, interest at the rate of two percent (2%) per month on any basic concession fee due that is not received within five (5) days of its due date. Concessionaire shall also be required to pay interest at the rate of two percent (2%) per month of the previous month's gross $1quor receipts for any gross receipts percentage fee which is not received within ten (10) days of its due date. 4. Use of EqulDment: Concessionaire shall be entitled to use the equipment provid~ by the City listed on Exhibit "A" which is attached hereto and incorporated herein by this reference. Concessionaire shall maintain all equipment used in the operation of the Concession Facilities, whether such equipment be owned by the City or by Concessionaire, subject to normal wear and tear. Concessionaire shall indemnify the City against any loss, theft or damage of the equipment provided by the City when said loss, theft or damage is the result of the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall promptly repair or replace equipment which is lost, stolen or damaged within five (5) days of such loss, theft or damage. Upon the expiration or termination of the Agreement, Concessionaire shall return to the City all equipment listed on Exhibit "A." Concessionaire agrees to pay the City an amount equal to the current replacement price of each item not returned, or returned in an unserviceable condition, ordinary wear and tear excepted. In the event of the termination, or upon the expiration, of this Agreement, the City shall have the first option of purchasing, for an amount ascertained by negotiations, any or all of the property belonging to Concessionaire and used by Concessionaire in the performance of its obligations hereunder, including, but not limited to, furniture, furnishings, equipment, utensils, food, beverages and miscellaneous supplies on hand, which option shall be exercised by the City within thirty (30) days prior to the date of the termination or expiration of this Agreement. Concessionaire and the City hereby agree to conduct an inventory of said property within the first twenty (20) days of said thirty (30) day period. Concessionaire shall also have the exclusive right to use and to exercise control over any and all vending machines located in or about the Concession Facilities which dispense food or beverages. 5. Continuous Operation: Concessionaire shall operate a food serviceLbusin~-~s in the Concession Facilities seven (7) days a week, including all holidays, during the normal hours of operation of the golf course. Concessionaire shall have the option of opening the Concession Facilities, or remaining open for business, on those days the golf course is closed due to inclement weather. Concessionaire shall open the Concession Facilities for business one-half (1/2) hour prior to the first tee time and close n_9o earlier than one (1) hour after the course is closed to the public, conce~Si6n~l~e ~ha'll ensure ~hat food'serv~ce~ available for tournaments, .special events and meetings. Concessionaire shall supply a hospitality cart at such times as mutually agreed upon by Concessionaire and the City. 6. Operation and Management: (a) Standards of Qperations: Concessionaire shall operat~ the Concession Facilities in a businesslike manner appropriate to the image of a golf course operation. The operation of the Concession Facilities shall be conducted in an orderly manner, without unnecessary disruption to the golf course operations. ~reby reserves the right to review and give final approval,.through the City Manager or his designee, on all facets of the operation of the Concession Facilities, including, but not limited to, decor, entertainment, menu, prices, hours of o~eration, parking and employees. (b) Manager: Concessionaire's president shall be available during hours of operation and shall act as manager of the Concession Facilities. If Concessionaire's president shall at any time be absent from the Concession Facilities during hours of operation, Concessionaire shall designate a facilities manager to act in Concessionaire president's stead. (c) Employees: Concessionaire shall bear sole responsibility for the con%inuous staffing of the Concession Facilities. Concessionaire shall ensure that sufficient employees are on hand at all times to provide outstanding serviCe to the public. Concessionaire shall regulate Concessionaire.s employees so that they will be courteous and helpful to the public. Concessionaire shall have the exclusive duty and right to retain and terminate employees provided, however, that the City shall have the right to require Concessionaire to replace any employee who is abusive, under the influence of or who habitually uses alcohol or drugs, or who is afflicted by diseases, or whose conduct or appearance otherwise detracts from the Concession Facilities' reputation and profitability. Concessionaire hereby agrees to give consideration to hiring three (3) current employees, including one (1) bartender and two (2) waitress/utility persons, for the operation of the Concession Facilities. (d) Menu: Concessionaire shall provide the public food and drink of a ~f~]~standard, equivalent in quality and price to that generally furnished to the public at similar places of comparable size and scope in the City and surrounding areas. Prices for all merchandise sold shall be posted in a conspicuous place on the Concession Facilities. Concessionaire shall also post, in a conspicuous place on the Concession Facilities, a notice which identifies Concessionaire as the owner and operator of the 4 concession. An identical Concessionaire's menu. notice shall be included on (e) ~: Concessionaire shall keep all fixtures, equipment and personal property which are located in the Concession Facilities, whether owned by Concessionaire or the City, in a clean, sanitary and orderly condition at all times, and conduct the food service operation strictly in accordance with all applicable rules, regulations and code requirements including, but not li~nited to, the Health Department, Indian River County Unit. Concessionaire shall also be responsible for maintaining the floors in the kitchen, storeroom and dining areas in a clean and orderly state. Concessionaire shall be responsible for the storage and collection of solid waste and shall bear the associated costs thereof. Conce~sionaire may, with the City's approval, select a site on the golf course property for storage of such solid waste. (f) ~: Concessionaire shall comply with all requirements of any or the constituted public authorities and with the terms of any state, federal or local ordinance or regulation applicable to Concessionaire or Concessionaire,s use of the Concession Facilities, and indemnify, defend and save the City harmless from penalties, fines, costs or damages resulting from Concessionaire's failure to so comply. (g) Alcoholic Beverage License: Concessionaire shall secure and mainta£~ an llC and an llCX liquor license from the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. (h) Licenses and Permits: Concessionaire shall be responsible for and shall secure the necessary permits and licenses required for the operation of the Concession Facilities. (i) Books and Records: Concessionaire shall maintain, during the Term of "'%his Agreement, or renewal or extension thereof, all books, reports and records customarily maintained in similar type operations. The form of all such records and reports shall be subject to the approval of the City's auditors. All sales of beer, wine and liquor shall be recorded by cash register which shall be read daily before sales begin by the City's Golf Course Business Manager, unless he or she shall not be available to do so. The City or its agents may audit or examine all records relating to Concessionaire.s operation during Concessionaire's normal business hours. Concessionaire shall submit to the Golf Course Business Manager a weekly sales report detailing revenues realized from the sale of beer, wine and liquor. On or before the tenth (10th) day following the end of each calendarmonth throughout the Term of the Agreement, or renewal or extension thereof, Concessionaire shall furnish to the City's Finance Department and Golf Course Business Manager a report of gross receipts earned on the sale of beer, wine and liquor during the preceding calendar month, on forms approved by the City. The said reports shall be signed by Concessionaire who shall certify the accuracy of such reports. .Monthly gross receipts percentage fees due pursuant to Paragraph 3(c) of this Agreement shall be paid with the submission of these reports. Concessionaire shall submit to the City's Finance Department a quarterly financial report detailing the beer, wine and liquor purchases and sales occurring during said period, prepared by a certified public accountant. Concessionaire shall permit, at any time and at the City's expense, a report to be prepared and certified by an independent certified public accountant, as to the correct amount of gross liquor receipts per month arising from said operation; which shall be prepared in conformance with the American institute of Certified Public Accountants Requirements for "Special Reports." Concessionaire shall pay all costs associated with said report in the event that Concessionaire.s quarterly report varies by more than three percent (3%) ' of the report prepared by. the City's independent certified public accountant. Concessionaire hereby agrees that it shall keep and preserve for at least three (3) years all sales slips, cash register tapes, sales books, cash deposit receipts, bank books or duplicate deposit slips, and other evidence of gross receipts and business transacted during the Term of this Agreement, or renewal or extension thereof. (J) Improvements: Concessionaire shall have the right to improve the Concession Facilities, subject to the approval of the City Manager or his designee. All costs of any improvements shall be borne by Concessionaire. All improvements made on the Concession Facilities shall become the property of the City upon their construction or installation. Major remodeling or expansion shall be coordinated with the City. (k) Debts and Obligations: Concessionaire shall pay promptly when du~ all bifiS, debts'and obligations incurred in connection with the operation of the Concession Facilities, including social security taxes and Withholding for its employees, and shall not permit such debts or obligations to become delinquent and shall suffer no lien, mortgage, Judgment, execution or adjudication in bankruptcy which will in any way impair the rights of the City under this Agreement. 7. Utilities: Concessionaire shall be responsible for and shall pay on a monthly basis sixty percent (60%) of the electricity costs reflected on the electric account for the Club House building in which the Concession Facilities are located. The City shall provide water but shall not guarantee its quality. Should the Indian River County sewer system become available and should the City connect the Concession Facilities to said system, Concessionaire shall be responsible for and shall pay a proportionate share of the monthly service charge, including all taxes and franchise fees related to said sewer service. Concessionaire shall provide, at Concessionaire's sole cost and expense, extermination and pest control services as needed. 8. Taxes: Concessionaire shall pay, or cause to be paid before delinquency, any and all taxes levied or assessed which become payable during the Term of this Agreement, or renewal or extension thereof upon all Concessionaire's equipment, furniture, fixtures and any other personal property located in the Concession Facilities. In the event any or all of Concessionaire's lmprovsments, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Concessionaire shall pay to the City its share of such taxes applicable to Concessionaire's property. Concessionaire shall pay all sales or use tax relating to the Concession Facilities, and for any improvements thereon, which might arise or become due during the Term of this Agreement, or renewal or extension thereof, and Concessionaire shall indemnify, defend and hold the City harmless against the same. 9. Insurance: (a) Worker's Compensation Insurance: Concessionaire shall provide and ~'eep in f6'rce ~t i{s own expense worker's compensation insurance as a required by Florida Statutes. In the event Concessionaire or the City undertakes to improve or remodel the Concession Facilities, Concessionaire shall provide and keep in force at its own expense worker's compensation insurance on all personnel engaged in such activities and shall require any and all subcontractors to provide worker's compensation insurance for all of said subcontractors, employees who are engaged in such work, unless such employees are covered by the protection afforded by Concessionaire's insurance. Concessionaire shall indemnify, defend and hold the City harmless from any and all claims or lawsuits resulting from injury to or actions of the employees of Concessionaire. (b) Liabili~y Insurance: Concessionaire shall provide and keep in force at Concessionaire.s own expense public liability and property damage insurance coverage with 'respect to the Concession Facilities and all improvements made thereto. The insurance coverage to be provided by Concessionaire shall contain limits of not less than $500,000 for injury or death of any one person and $1,000,000 for injury or death for any one accident, together with $1,000,000 for damage to property. (c) Contractual Liability Insurance: Concessionaire shall provide and keep in force at' c~nCe~ionai~e~s own expense contractual liability insurance covering all liability arising out of the terms of this Agreement. (d) Liquor Liabilitv Insurance: Concessionaire shall provide and keep-ih' for'Ce ~tL~oncesSionaire.s own expense liquor liability insurance containing limits of not less than $1,000,000 per occurrence. (e) Miscellaneous: Concessionaire shall furnish certificates of such insurance a~d copies of insurance policies to the City Clerk, 1225 Main Street, P. O. Box 780127, Sebastian, Florida 32978, at least fifteen (15) days prior to the commencement of operations under this Agreement, and annually thereafter. Said certificates shall clearly name the City as an additional insured, and shall contain a clause specifying that the insurance carrier shall be obligated to advise the City in writing at least thirty (30) days in advance prior to the cancellation of any coverage. The City reserves the right to annually review and revise any policy of insurance required hereinabove, however, any increase in amounts or types of coverage shall not be unreasonable or excessive. 10. ~: Concessionaire shall indemnify, defend and hold the City harmless against and from any and all claims, costs, damages, judgments, expenses and attorney's fees incurred by the City arising from Concessionaire's use of the Concession Facilities or from the conduct of Concessionaire's business or from any activity, work, other things done, permitted or suffered by Concessionaire or Concessionaire's employees, guests or invitees in or about the Concession Facilities; from Concessionaire's failure to comply with any law, rule, regulation or order of any governmental authority; from any and all claims arising from any breach or default in the performance of any obligation on Concessionaire's part to be performed under the terms of this Agreement; or, from any employee, guest or lnvitee of Concessionaire, and, from all costs, attorney's fees and liabilities incurred in the defense of any such claim or action or proceeding brought thereon. Concessionaire, as part of the consideration to the City, hereby assumes all risks of damage to the property or injury to persons in, upon or about the Concession Facilities, from any cause other than the City's willful or intentional acts; and Concessionaire hereby waives all claims in respect thereof against the City. Concessionaire shall give prompt notice to the City in case of casualty or accidents in or about the Concession Facilities. 11. Entry by the City: The City reserves, and shall at any and all times have'% the right to enter the Concession Facilities to inspect the same. The City also reserves the right, from time to time, at the City's own expense by its officers, agents and contractors, to make such renovations, repairs or changes in, about and to the Concession Facilities, other than those repairs or improvements undertaken by Concessionaire herein, as the City deems desirable, including renovation/replacement of the existing Concession Facilities with new Concession Facilities. Concessionaire hereby waives any claim for damages or for any injury or inconvenience to or interference with Concessionaire's business during such renovation, repairs or changes; provided, however, that concession fees shall be abated for any period during which Concessionaire is prevented from conducting Concessionaire's business due to such renovations, repairs or changes. 12. Default by Concessionaire: The occurrence of any of the followin~'~hall constitute a'~efault by Concessionaire: (a) Institution by Concessionaire or Guarantors of a voluntary proceeding in bankruptcy; (b) Institution of an involuntary proceeding in bankruptcy against Concessionaire or Guarantors if such proceeding continues for a period of ninety (90) days; (c) Assignment by Concessionaire or Guarantors for the benefit of creditors; (d) Abandonment of the Concession Facilities which abandonment shall be Concessionaire's absence from the Concession Facilities or the cessation of business in said Concession Facilities for a period of seven (7) days or more; discontinuation of Concessionaire operations hereunder; (e) Nonpayment of any sum due hereunder, when such nonpayment continues for a period of thirty (30) days after the due date for such payment; (f) Nonperformance by Concessionaire of any covenant, term or condition of this Agreement; or any other action or inaction constituting a breach of this Agreement and the failure by Concessionaire to cure such nonperformance or breach within thirty (30) days of receiving a notice to cure from the City; (g) The conduct of any business or the merchandising of any product or service by Concessionaire not specifically authorized herein; (h) A final Judicial determination that any litigation instituted by Concessionaire against the City was groundless or frivolous to the extent that attorney's fees may be awarded pursuant to Florida Statute Section 57.105; (l) The lapse, suspension or revocation of any of Concessionaire's alcoholic beverage licenses, or other license or permit required to operate the Concession Facilities; (j) The issuance by the City, pursuant to Paragraph 13 below, of three (3) or more notices of breach within any twelve (12) month period. 13. Remedies of the C%.~y: In the event of any default as described above or breach by Concessionaire, the City shall provide written notice to Concessionaire of such default or breach. and the Concessionaire shall have fifteen (15) days within which to cure such default or breach. In the event Concessionaire fails to cure said default or breach within said fifteen (15) day period to the satisfaction of the City, the City may, at any time thereafter, at its sole discretion, with or without notice or demand and without limiting the City in the exercise of a right or remedy ~hlch the City may have by reason of such default or breach: (a) Terminate this Agreement, in which case Concessionaire shall immediately vacate the Concession Facilities and the City shall be entitled to recover from Concessionaire all damages incurred by the City by reason of Concessionaire's default including, but not limited to, the cost of recovering possession of the Concession Facilities, necessary costs for the renovation and alteration of the Concession Facilities and reasonable attorney's fees; (b) Pursue all other remedies now or hereinafter available to the City under the laws or Judicial decisions of the State of Florida. 14. Concessionaire's Right to Terminate: Concessionaire shall have the right to ter~Linate this Agreement upon thirty (30) days advance written notice to the City upon the occurreace of any of the following: (a) Issuance by a court of competent Jurisdiction of any permanent injunction substantially restricting the use of the Concession Facilities for commercial purposes when said injunction remains in force for ninety (90) days or more; (b) A breach by the City of any of the terms or conditions of this Agreement and failure by the City to remedy such breach during a period of thirty (30) days after receipt of written notice of the existence of such breach; (c) The assumption by the United States Government or any agency thereof, or any other governmental agency, of the operation, control or use of the Concession Facilities or any substantial part thereof in such a manner as to substantially restrict Concessionaire's operations for a period of ninety (90) days or more. 15. Damage to Concession Facilities: In the event that the Concession Facilities are d~troyed or damaged by fire or other casualty so as to render the Concession Facilities unfit for their intended use, this Agreement shall be suspended until such time as the Concession Facilities are again rendered fit for their intended use. The City shall be under no obligation to rebuild or repair 10 the Concession Facilities in the event they are damaged or destroyed. In the event the City elects not to rebuild or repair the Concession Facilities, it shall notify Concessionaire of same and, upon furnishing such notice, this Agreement shall terminate. 16. Vacation of Concession Facilities: On the expiration or other term~nation of {~ls Agreement, for any reason whatsoever, Concessionaire shall vacate the Concession Facilities and shall leave the Concession Facilities in good order, condition and re~air, except for reasonable wear and use thereof.. 17. Right of Injunctive Relief: In the event of a breach or threatened bleach by any party of any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction a~d the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. 18. Rights Not Exclusive: No right or remedy herein conferred upon or reserved to any party is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 19. Rlgh~ of Assignee of City: The right to pursue the remedies herein provided against t~ Concessionaire and to enforce all of the other provisions of this Agreement may, at the option of any assignee of this Agreement, be exercised by any assignee of the City's right, title and interest in this Agreement in its own name, any statute, rule of court, custom, or practice to the contrary notwithstanding. 20. Remedies Cumulative: Ail of the remedies hereinbefore given to any party ~nd all rights and remedies given to them by law and equity shall be cumulative and concurrent. No termination of this Agreement or the taking or recovering the Concession Facilities shall deprive the City of any of its remedies or actions against Concessionaire or Guarantors for concession fees or sums due as if there has been no termination; nor shall the bringing of any action for concession fees or breach of covenant, or the resort to any other remedy herein provided for the recovery of concession fees be construed as a waiver of the right to obtain possession of the Concession Facilities. 21. Attorney's Fees: if any action is commenced to enforce any term, covenant or condition of this Agreement, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 11 22. Eminent Domain: (a) If all or any part of the Concession Facilities shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, the building(s) and/or improvements on the Concession Facilities shall belong to the City. Nothing herein shall prevent the City from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. (b) In the event the condemnation or taking is to such an extent that it is impracticable for the Concessionaire to continue operations in the Concession Facilities, this Agreement shall terminate. 23. Identity of interest: The execution of this Agreement or the pe~f°rmance o~ any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the City and the Concessionaire the relationship of principal and agent or of a partnership or of a Joint venture and the relationship between them shall be and remain only that of City and Concessionaire. 24. Notices and RgpoFts: Any notice, report, statement, approval, consent, designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: City: City of Sebastian Attention: City Manager P.O. Box 780127 Sebastian, Florida 32978 Concessionaire: Guarantors: DTF, inc. 201 Plantation Club Drive, #1607 Melbourne, FL 32940 Dennis R. and Theresa L. Fink 201 Plantation Club Drive, #1607 Melbourne, FL 32940 provided, however, that any party may designate a different address from time to time by giving to the other parties notice in writing of the change. Concession fees to the City shall be made by the Concessionaire at the address listed above. 25. Nondiscrimination: The Concessionaire for itself, its personal representatives, successors in interest and assigns, 12 as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (l) no person on the grounds of religion, gender, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Concession Facilities; (ii) that in the construction of any improvements on, over or under the Concession Facilities and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 26. Headings No Part of Agreement: Any headings preceding the text of {he several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. Severability: If a provision of this Agreement is held invalid, it is here~ agreed that all valid provisions that are severable from the invalid provision remain in effect. If a provision in this Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 28. Contains Ail Agreemen~g: it is expressly understood and agreed by'and among the parties hereto that this Agreement, including the Exhibit, sets forth all the promises, agreements, and conditions or understandings between the City, Concessionaire and Guarantors relative to the Concession Facilities, and that there are no promises, agreements, conditions or understandings, either oral or written, among them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the City or Concessionaire unless reduced to writing and signed by them. 29. Assignment: Concessionaire shall not assign Concessionaire's: rigors and obligations under this Agreement without the written consent of the City, which may be denied for any reason by the City. 30. Heirs and Assignees: Ail rights and liabilities herein given fo, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Concessionaire or Guarantor, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Concessionaire.. or "Guarantors" shall be deemed and taken to mean each and every person or party mentioned as a Concessionaire or Guarantor herein, be the same one or more; and if there shall be more than one Concessionaire or Guarantor, any notice required or permitted by 13 the terms of this Agreement may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "City," "Concessionaire," or "Guarantor" whether such City, Concessionaire, or Guarantor be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of Concessionaire unless the assignment to such assignee has been approved by the City in writing as aforesaid. 31. Concessionaire Porbidden to Encumber Concession Facilities: It is expressly agreed and understood ~-tWeen the parties hereto that nothing in this Agreement shall ever be construed as empowering Concessionaire to encumber or cause to be encumbered the Concession Facilities in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of Concessionaire, or any person claiming by, through or under Concessionaire, shall file a lien against the Concession Facilities, Concessionaire shall, within thirty (30) days after being notified thereof, cause such lien to be satisfied of record or cause the Concession Facilities to be released therefrom by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Concession Facilities by an order of a court having jurisdiction to discharge' such lien. In the event the lien is not discharged as required above, the City may advance funds necessary to discharge the lien and recover any amounts so paid from Concessionaire. 32. FAA Appr_oMal and Regulation: Concessionaire and the City acknowledge that this Agreemen~ may be subject to approval by the Federal Aviation Administration ("FAA"). The parties, therefore, agree that in the event FAA approval is required and the FAA refuses to either grant its approval or issue a letter of no objection with respect to this Agreement, the parties shall modify the terms of this Agreement in the manner and to the extent necessary in order to obtain the FAA's approval. In the event any such modification would serve to materially increase the obliga- tions of a party hereunder, the affected party may terminate this Agreement upon giving thirty (30) days advance written notice to the non-affected party. 33. Division of Alcoholic Beverages and Tobacco Re~ulation: ConcesSionaire a~d the ~k"tY acknowledge th~'~ in order for Concessionaire to secure and maintain the alcoholic beverage licenses required hereunder, this Agreement must comply with certain regulations of the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. The parties, therefore, agree that in addition to those rights previously granted to Concessionaire herein, Concessionaire shall have access to the entire golf course and all facilities located thereon to the extent necessary to secure and maintain the required 14 alcoholic beverage licenses. Concessionaire shall also have the right to refuse to sell alcoholic beverages to patrons of the golf course, or its facilities, who are not golf course club members or their nonresident guests. The City hereby agrees to prohibit, on the golf course and in all facilities located thereon, the possession or consumption of alcoholic beverages not sold by Concessionaire. 34. Personal Guaranty: (a) Guam: Guarantors, Jointly and severally, do hereby guarantee onto the City the full, complete, faithful and timely performance of each and every of the obligations, covenants and agreements which Concessionaire is required to do or perform or cause to he done or performed from and after the execution of this Agreement and for so long as said Agreement remains in effect including, but not limited to, the payment of all concession fees and other sums required to be paid pursuant to this Agreement. (b) Enforcement: The City shall have the right to proceed against Concessl~naire without first proceeding against Guarantors, and shall have the right to proceed against an individual Guarantor without proceeding against Concessionaire or the other individual Guarantor, and the City shall, and does have the right to, release Concessionaire or an individual Guarantor from any and all liability under this Agreement or under this Paragraph 34 and the same shall not in any way prejudice the rights of the City against Concessionaire or the other Guarantor not so released. (c) Defenses: No defense which Concessionaire or an individual Gu~ may have with respect to this Agreement (including, but not limited to, any defense based upon or arising from any insolvency or bankruptcy or otherwise) shall operate as a defense with respect to the other Guarantor, the other Guarantor remaining fully liable hereunder to the City. Nor shall any waiver by the City of any of the obligations of Concessionaire or the modification or amendment of this Agreement in any manner by the City and Concessionaire operate to release Guarantors from any obligations or liabilities under this Agreement; Guarantors being bound by, and deemed to consent to, any such waiver, modification or amendment. (d) Notice: Guarantors shall be deemed to have notice of any matter or %hing as to which Concessionaire has notice. Guarantors hereby waive any right to notice of any matter or thing as to which Concessionaire is not entitled to notice under this Agreement. (e) Remedies Cumulative: The rights and remedies of the City under this Paragraph 34 are in addition to and not in lieu of the City's rights and remedies provided by law or under other 15 provisions of this Agreement in the event of a default by Concessionaire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Attest: Kat.b~n M. O'Halloran, CMC/~AAE City Clerk CITY OF SEBAS~A~ W%'~. Con¥~ayor (SEAL) Approved as to form City Attorney CONCESSIONAIRE: DTF, INC. DENNIS R. FINK, ~'ir~sideht GUARANTORS: DENNIS R. FINK THERESA L. I~INK~-~ 16 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: TEMPORARY ACCOUNT CLERK - FINANCE DEPT. Date Submitted. 9/02/93 For Agenda Of Exhibits: None EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: REQUIRED: $4,717 SUMMARY STATEMENT The Finance Department currently has a part-time temporary Account Clerk II (4 hours a day) to help with the work load. Due to the work load in the Finance Department and the excellent skills of the temporary employee, the Finance Department respectfully requests that the City Council appropriate funds from October 1, 1993 to January 31, 1994 to fund this temporary position full-time. The Finance Department is anticipating that a current employee will be retiring at the end of January. The temporary position can begin learning those duties so that when the employee retires, there will be a smooth transition of the work load she currently performs. In addition, this position can help with the monthly operating statements, now being done by the Finance Director and the Staff Accountant; can help close out the Fiscal Year books; can help prepare information for the Auditors; and can continue to help with the property inventory and purchase procedures that need to be updated. Without this position, the Finance Department will not be able to meet deadlines required by the City Council and standard fiscal operating procedures. In addition, this position can assume additional responsiblities in other areas that current staff cannot keep up with. R~COMMENDED ACTION Approve the funding for a full-time temporary Account Clerk II from October i to January 31, 1994. The amount, $4,716.80, is derived from the pay of the temporary Account Clerk II ($7.37/hr) times 80 hours bi-weekly times 8 payperiods.