HomeMy WebLinkAbout09221993 City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIl.
REGULAR MEETING
WF_.D~DAY, SEFrF.3~ER 22, 1993 ~ 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFO--T/ON ON ITEMS
BELOW MAY BE INSPECTF_.D IN ~ OFFICE OF ~ CITY CLERK,
CITY itALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Donald Swope - Sebastian
Presbyterian Church
4. ROLL CALL
me
A~END__%A MODIFICATIONs ~ AND/OR ~ -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
~ROOLAMATIONS ~ ANNOUNCEMENTS
PUBLI~C HEARiNG~ FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
93. 148
PGE 1-,(
93.148
PGS. 5-14
~lease 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.
RESOLI~TION NO. R-93-40 - Proposed Millage Rate
of 6.900 MILLB'(2nd Public Hearing and Final
Adoption) (Finance Director Transmittal dated
9/15/93, R-93-40)
RESOLUTION NO. R-93-40 IS ~0 BE READ IN FULL IN
ACCORDANCE WITH FB 200.065 (2)(d)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM
TAXES FOR THE CALENDAR YEAR 1993; PROVIDING FOR
DEPOSIT OF TAX LEVIES; PROVIDING FOR REPFdtL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (1st Public Hearing and
Tentative Adoption 9/7/93, Advertised 9/18/93
Sebastian Page)
RESOLUTION NO. R-93-41 - Tentative 93/94
Fiscal XearBu~et (2nd Public Hearing and Final
Adoption) (Finance Director Transmittal dated
9/15/93, R-93-41, Pgs 59-60)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE
CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30,
1994; APPROPRIATING FUNDS FOR THE EFFICIENT AND
EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF
SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1994, SUCH APPROPRIATIONS
BEING FROMANTICIPATED REVENUE; PROVIDING A MEANS TO
AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD
THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND
GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1993;
PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT
GRANTS RECEIVED AFTER SEPTEMBER 30, 1993; PROVIDING A
MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD
UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND;
AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED
SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL
NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Public Hearing and
Tentative Adoption 9/7/93, Advertised 9/18/93
Sebastian Page)
93.271 C. ~ NO. ~-93-46 - Golf Course Rates
PGS 15 22 (Finance DirectOr Transmittal dated 9/15/93,
R-93-46)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO GREENS ~EES AND GOLF
CART FEES AT THE MUNICIPAL GOLF COURSE, PROMULGATING
A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES;
PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP
FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE
ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN
CIRCUMSTANCES; AUTHORIZING THE GOLF COURSE MANAGER
TO ADJUST THE SUMMER FEE SCHEDULE WITHIN THE
SPECIAL RANGE FOR MARKETING PURPOSES, AUTHORIZING THE
GOLF COURSE MANAGER TO ADJUST THE RATION OF TEE
TIMES RESERVATIONS BETWEEN MEMBERS AND NON-MEMBERS;
PROVIDING FOR REPEAL OF RESOLUTI~NS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR A
SEVERABILITY CLAUSE, .AND PROVIDING AN EFFECTIVE DATE.
(Advertised Legal Notices 9/15/93, Posted at GC)
-
93.262_ D. Fe~Gillxams Special Use Permit - Mulching
PGS 23 40 Fac~lit~ (Director of Community Development
Transmittal dated 9/16/93, Pelan Letter dated
9/13/93, Barket~ Letterdated 9/13/93, Letters
Re: Fey, Map, Tub Grinder Specs, Site Plan Under
Separate Cover)
93.263
PGS 41-56
Chapter 180 FS Public Hearing Re: General
Development Utilities Water an4 Wastewater
Facilit~ Acquisition (Finance Director
Transmittal dated 9/16/93)
8. CONSENT AGENDA
All items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item Will be removed and acted upon
separately.
PGS 57-79
ae
Approval of Minutes - 9/7/93 Special Meeting,
9/8/93 Regular Meeting, 9/15/93 Special Meeting
93.281
PGI~ 8'7-92
93.282
PGS 93-98
93.283
PGe 99~0~
RESO~ NO. R-93-4~ - Vacation of Easement -
Kline (City Clerk Transmittal dated 9/15/93, R-
93-45, city Engineer Memo dated 9/1/93,
Application, Survey)
A RESOLUTION OF THE.CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE WEST FIVE FEET OF THE EAST
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF
LOT 22, BLOCK 176, SEBASTIAN HIGHLANDS UNIT 6,
ACCORDING TO THE PLAT THEREOF, RECORDED iN PBI 5-97,
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.
~ION NO, Rr93-47 - Engineering/Public Works
Technician Job Description (City Engineer
Transmittal dated 9/10/93, R-93-47 w/Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF ENGINEERING/PUBLIC WORKS TECHNICIAN;
PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN
THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES;
PROVIDING FOR REPEAL.OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Dm
~ESOLUTIO~ ~0. ~-93-45 - Family and Medical Leave
- Add to Standard Operating Procedures (Personnel
Director Transmittal dated 9/15/93, R-93-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, ADOPTING A FAMILY AND MEDICAL LEAVE
POLICY; PROVIDING FOR THE INCLUSION OF SUCH POLICY IN
THE CITY OF SEBASTIAN'S STANDARD OPERATING
PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FORAN EFFECTIVE DATE.
Ee
RESOLUTION NO. R-93-49 - Crime Scene 'Technician -
Evidence Technician Job Description (Acting Chief
of Police Transmittal dated 9/15/93, R-93-49 w/
Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF CRIME SCENE TECHNICIAN/EVIDENCE
TECHNICIAN; PROVIDING FOR INCLUSION OF SUCH JOB
DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
4
93.196
PGS 105-134
93.254
PGS 135-136
93.284
PGS 137-139
93.285
PGS 141-143
93.286
PGS 145-147
93.287
PGS 149-150
93.288
PGS 151-152
R~ESOLUTIO~ NO. R-93-50 - Revised Price Airport
Lease Agreement'(city Clerk Transmittal dated
9/16/93, R-93-50, Revised Lease Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
CHARLES CLAY PRICE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Bid Award - U.S. Highway One Medians - Jack and
Bore - Glisson & Sons, Inc. - $5,500.00 (City
Engineer Transmittal dated 9/14/93, Bid
Tabulation)
Receive Code Enforcement Order - Patton (93-8038)
(Amended Order)
Burgoon Berger -.Specimen Tree Removal Request -
One Pine - Lots 24 & 25, Block 333, SH Unit 13
(Director of Community Development Transmittal
dated 9/9/93, Application, Survey)
Hinzman Construction Co., Inc. - Specimen Tree
Removal Request - One Pine - Lot 10, Block 81,
SH Unit 2 (Director of Community Development
Transmittal dated 9/10/93, Application, Survey)
Request for Use of Yacht Club - Askins Wedding
Anniversary - 1/22/94 - i pm to 5 pm - A/B -
Security Deposit Paid - DOB 11/13/16 (City Clerk
Transmittal dated 9/8/93, Application)
Request for Use of Community Center - Jill Frost
- Sebastian Panthers - Dance - 10/1/93 - Request
Reduction of Security to $100 and Full Fee Waiver
(City Clerk Transmittal dated 9/16/93,
Application)
5
93.289
PG; 153-156
93.249
PGS
10.
11.
12.
13.
14.
15.
93.263
P~ 15~
A. ~_~UTION NO. ~-93-51 - Florida City Government
Week - October'3 - 9, 1993 - Requested by
Councilmember Corum (R-93-51)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 3-9, 1993, AND F./qCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
B. John Malek, Chamber of Commerce - Santa Sail-In
and Winter Wonderland (City Clerk Transmittal
dated 9/16/93, King Letter dated 9/16/93)
NAYOR ;%ND ~ITY COUNCIL MATTERS
A. Mrs. Carolyn Corum
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mayor Lonnie R. Powell
E. Vice-Mayor Frank Oberbeck
,CITY ATTORNEY]~ATTERS
CITX.MANAGER ~
COHMITTEE ~EPORTS/RECOMMENDATiONS
OL__D~
~EW BUSINESS
A. Purchase of the General Development Utilities -
Sebastian Highlands Water and Wastewater
Facilities - Contracts with Consultants to
Accomplish Bond Financing and Purchase (Finance
Director Transmittal dated 9/16/93)
6
16.
~NTRODUCTION OF ~TEW BUSINESS ~Y THE PUBLI.C. (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
93.290 A.
PQ~ 161-163
93.291
PGB 165-166
93.292 C.
PQS 167-169
Joan Girardi, 917 Franciscan Avenue, Sebastian -
Senior Recreation Programs (Letter dated 9/7/93)
Lawrence Hardison - Fraternal Order of Police -
Request to Use Riverview Park North - Carnival -
10/17/93 - 10/24/93 (Director of Community
Development Transmittal dated 9/7/93, Hardison
Letter dated 9/22/93)
Cindy Tirro, Indian River Recyclers - Request to
Use Riverwiew Park - Swap Meets 9/26/93,
10/31/93, 11/28/93 and 12/26/93 with Alternate
Dates (Director of Community Development
Transmittal dated 9/10/93, Tirro Letter dated
8/26/93)
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
2~EARING) 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT ~
Resolution No. R-93-40
Set Millage Rate of 6.90 Mills
C~i~t~PROVED FOR SUBMITTAL BY:
) Agenda No. 7~J.''o
)
) Dept. Origin ~ ~v
)
) Date Submitted 9/15/93
)
) For Agenda Of 9/22/93
)
) Exhibits:
R-93-40
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED:
~RY STATEMENT
In accordance with Florida budgetary law, two public hearings in
a prescribed format, manner and time period must be held to
legally adopt by separate resolutions both a millage rate and
a budget with dollar amounts.
The millage rate resolution must be read in its entirety.
RECO~,IMENDED ACTION
Move to adopt millage rate Resolution No. R-93-40 at 6.90 mills.
.,RESOLUTION NO..,, R-93-40
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM
TAXES FOR THE CALENDAR YEAR 1993; PROVIDING FOR DEPOSIT
OF TAX LEVIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1.~ The City of Sebastian, Florida, shall levy a
general ad valorem tax of 6.900 mills upon each one thousand
(1,000.00) dollars of all real and tangible personal property
situated within the city limits subject to taxation on the first
day of January, 1993, to finance current operating expenses of the
city, the tax shall be assessed and collected in the manner
provided by law. This tentatively proposed millage rate of 6.900
mills represents a 9.454% increase over the current year aggregate
rolled-back rate of 6.304.
Section 2. It shall be the duty of the Finance Director of
the City of Sebastian to deposit the proceeds from the tax levy
into its appropriate account as provided by law and to keep such
account and make payments from it as shall from time to time be
directed by the City Council.
Section 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 4. 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 will be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Resolution without said invalid and unconstitutional provision,
thereby causing said remainder to remain the full force and
effect.
Section 5. EFFECTIVE DATE. This Resolution shall be
effective immediately upon its final passage.
,The foregoing Resolution was
Councilmember
seconded by Councilmember
put to a vote, the vote was as follows:
moved
for adoption by
The motion was
and, upon being
Mayor Lonnie Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember 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
(Seal)
2
I HEREBY CERTIFY that the foregoing Resolution was duly
advertised in the Vero Beach Press Journal on the day of
, 1993; that two public hearings were held on the
day of , 1993 and the day of
, 1993; and that the Resolution was adopted by the
day
City Council of the City of Sebastian, Florida,· on the
of , 1993.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
I
I City of Sebastian
II POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
i AGENDA FORM
SUBJECT: ) Agenda No.
i Resolution No. R-93-41 )
Adoption of Budget for Fiscal
Year 1993/1994
_~PROVED FOR SUBMITTAL BY:
Clty Manager./TWo,f7 (/j~..'~2'~r~.C~---~
q:3../¥?
) Dept. Origin 7inance
)
) Date Submitted 9/15/93
)
) For Agenda Of 9 ! 22 / 93
)
) Exhibits:
R-93-41
Revised Page 59-60 for Golf
Course Budget
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED:
in accordance with Florida budgetary law, separate resolutions
must be adopted at two public hearings in a prescribed manner,
format and time period.
Council members have previously received the following:
Revised Budget for FY 1994
Revised Golf Course Budget for FY 1994
This budget resolution and a revised page 59-60 for the Golf
Course budget along with the above reference budget detail
documents constitute the tentative budget for fiscal year 1994 in
dollar amounts.
RECOMA~nNDED AC~ON
Move to adopt Resolution No. R-93-41 to establish the budget in
dollar amounts by fund for fiscal year 1994 for which the line
item detail support is contained in the two referenced budget
books.
QLUTiO .N..,, NO. R-93..4J
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE CITY
OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1993, ~ ENDING SEPTEMBER 30, 1994;
APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE
OPEP. ATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND
ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1994, SUCH APPROPRIATIONS BEING FROM
~-NTiCIPATED REVENUE; PROVIDING A MEANS TO AMENDTHE SAID
~ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF
PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS
OF SEPTEMBER 30, 1993; PROVIDING A MEANS TO AMEND THE
SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER
30, 1993; PROVIDING A MEANS TO AMEND SAID ~UDGET SO AS TO
CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS
FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN
APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS
SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1. The following information is the summary annual
budget for the City of Sebastian for the Fiscal Year beginning
October 1, 1993, and ending September 30, 1994, which budget is
hereby confirmed, adopted and approved in all respects. Said
budget is adopted after full, complete and comprehensive hearings
and expression of all parties concerned and is made necessary to
provide required funds for capital outlays, operating expenses,
expenditures for materials, labor, equipment, supplies, and
contingent expenses of said City and represents and presents the
judgment of intent of the City Council as to the needs of the
Departments of the City Government and as to their fiscal
requirements for the next ensuing fiscal year beginning October 1,
1993 and ending September 30, 1994.
Summary Budget Expenditure Information:
General Fund
Police Education
Local option Gas Tax Fund
Debt Service
Capital Projects Fund
~apital Improvements Fund
Golf Course Enterprise Fund
Airport Enterprise Fund
Utilities Enterprise Fund
Health & Accident Self-Ins. Fund
Workers Comp. & General Liabilty
Self-Ins. Fund
Cemetery Expendable Trust Fund
TOTAL BUDGET EXPENDITURES
$5,563,825
3,520
346,140
136,496
$$1,040
147,170
1,611,518
218,760
679,653
484,015
295,000
108,660
$10 475 797
Section 2. The salaries set forth in said budget are adopted
subject to the collective bargaining agreements with the
Communication Workers of America and Fraternal Order of Police.
Section 3. The funds and monies necessary to meet the
appropriations stipulated by and in said budget are hereby
expressly appropriated out of anticipated revenues not otherwise
appropriated.
Section 4. The Finance Director is hereby authorized and
directed to increase the corresponding line item appropriations in
the budget to the extent of those purchase orders which shall have
been issued prior to September 30, 1993, but shall have not been
filled prior to that date, and authorized and directed to pay all
2
such purchase orders upon receipt of the goods and services therein
specified from the funds so appropriated. The Finance Director is
further authorized and directed to increase the within budget
appropriations to the extent of any unexpected balances from State,
Federal or other grants as of the end of business on September 30,
1993, and to the extent of any unexpended balances, whether or not
encumbered, outstanding in work orders as of the end of'business on
September 30, 1993; and all such balances shall be appropriated to
the corresponding accounts in the same funds in which they were
outstanding as of September 30, 1993; and the Finance Director
shall be authorized to expend such appropriations for the purposes
approved by the City Council in connection with such State, Federal
or other grants, and work orders. The Finance Director shall,
prior to December 31, 1993, report to the City Council all such
purchase orders, grants, and work orders. Corresponding changes in
the anticipated revenue accounts are hereby authorized. The
Finance Director is hereby authorized to carry forward any
unencumbered balance in the fiscal.year 1992-1993 Capital Projects
Fund in excess of that set forth as beginning balance in Capital
Projects. The Finance Director is hereby authorized to convert
cash basis, adopted budgets to accrual basis for annual reporting
purposes in accordance with Chapter 218, Florida Statutes.
Section 5. The Finance Director is hereby authorized and
directed to maintain and amend the within budget so as to reflect
the anticipated revenue and appropriation and expenditures of all
grant funds committed to, or received by the City subsequent to
September 30, 1993, and prior to October i, 1994, in accordance
with the directions of the City Council as to the appropriation and
3
expenditure of such grants as and when received.
~ection 6. To facilitate proper accounting for Council-
approved funding projects financed from resources originating in
more than one fund and for program/supervision allocation, the
Finance Director is hereby authorized to amend the estimated
revenues and appropriations of various funds affected to reflect
the ~ansactions pertaining to 'each fund involved.
Sect~. The Finance Director, with the concurrence of the
City Manager, shall have the authority to transfer appropriations
from one line item to another line item within an individual budget
department, so long as the total appropriations for each cost
center, including the Capital Outlay accounts related thereto,
shall not be increased thereby. Appropriation transactions
affecting fund totals, other than those authorized herein in other
sections, shall require prior approval of the City Council. Any
such transactions are subject to any restrictive statutes or
ordinances, including those authorizing the issuance of any
outstanding bonds.
Section 8. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
section 9. 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 will be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Resolution without said invalid and unconstitutional provision,
4
thereby causing said remainder to remain in full force and effect.
Section 10. EFFECTIVE DAT~. This Resolution shall become
immediately effective upon its adoption°
The foregoing Resolution was moved for
Councilmember
was seconded by Councilmember
being put to a vote, the vote was as follows:
Mayor Lonnie Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
adoption by
The motion
and, upon
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
(Seal)
5
I HEREBY CERTIFY that the foregoing Resolution was duly
advertised in the Vero Beach Press Journal on the day of
, 1993; that two public hearings on the Resolution
were held on the day of , 1993 and the
day of , 1993; and that the Resolution was adopted by
the City Council of the City of Sebastian, Florida, on the
day 6f , 1993.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash
City Attorney
6
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUB~ECT~
Resolution No. R-93-46
Adoption of Golf Course Rates
APPROVED FOR SUBMITTAL BY:
City Manager.~¥.~
EXPENDITURE
) Agenda No.
)
) Dept. Origin Finance ~/~
)
) Date Submitted 9/15/93
)
) For Agenda Of .9 22_~
)
) Exhibits: R-93-46
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED:
SVM Om,,y
In accordance with debt covenants and R-92-08, the City is
required to establish, fix and maintain such rates and charges as
shall always provide gross revenues in each year sufficient to be
at least equal to 100% of the annual debt service and 100% of
the operation and maintenance expense, reserve account deposit,
and renewal and replacement account deposits.
The following was inadvertently omitted from the draft submitted
to you on 9/7/93:
1) In Section 2. - Walking conditions
April 16. 1994 t~o ~ov~mber 14, ~994
9 and 18 Holes - Weekdays No Charge
8 and 18 Holes - W~ekends & Holidays No Charge
Ail Day
After 1 p.m.
In Section 3. - Range Ball Bucket Prices should be $1.50
small and $3.00 large.
Changes are reflected in this draft.
RECO .,M~NDED ACTION
Move to adopt the Golf Course rate Resolution Nco R-93-46 for the
1993/1994 fiscal year.
RESOLUTION ND.R-93-46
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO GREENS
FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF
COURSE; PROMULGATING A NEW SCHEDULE OF GREENS
FEES AND GOLF CART FEES; PROMULGATING A NEW
SCHEDULE OF ANNUAL MEMBERSHIP FEES;
AUTHORIZING THE GOLF COURSE MANAGER TO MAKE
ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER'
CERTAIN CIRCUMSTANCES; AUTHORIZING THE GOLF
COURSE MANAGER TO ADJUST THE SUMMER FEE
SCHEDULE WITHIN THE SPECIAL RANGE FOR
MARKETING PURPOSES; AUTHORIZING THE GOLF
COURSE MANAGER TO ADJUST THE RATION OF TEE-
TIMES RESERVATIONS EETWEEN MEMBERS AND NON-
MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 74-33 of the Code of Ordinances of the city
of Sebastian provides that modifications of golf course rates shall
be established by resolution of the City Council following one
public hearing; and
WHEREAS, the costs of maintaining the Sebastian Municipal Golf
Course and its premises have increased since the adoption of
Resolution No. R-93-25.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. ANNUAL MEMBERSHIP RATES. Commencing December 1,
1993, the annual membership fees for the Sebastian Municipal Golf
Course shall be as follows:
93/94 ANNUAL MEMBERSHIP FEES
Sebastian Resident
Membership Fee
Family
Single
$ 850.00
$ 600.00
Non-Resident
Membership, Fee
Family $ 1050.00
Single $ 800.00
Family membership means a married couple residing together and all
dependents living at home under the age of twenty-one (21) years.
Proof of residency is required to obtain Sebastian Resident rates.
All new memberships are subj'ect to a two hundred ($200.00)
initiation fee. (This is a one time non-refundable fee.)
Bag Storage (Single Per Bag) $40.00
(Double Per Bag) $80.00
Foot Locker
$15.00
Ail of the above are subject to a 7% sales tax. Renewal of an
existing membership is due on or before December 1, 1993.
SECTION 2. MEMBER DAILY RATES. Member rates, including
greens fees and golf cart fees, for the Sebastian Municipal Golf
Course are hereby established as follows:
MEMBER:
18 HOLES
$8.00-$10.00
NOVEMBER 15, 1993 to DECEMBER 14, 1993
9 HOLES CONDITIONS
$5.00-$6.00 ALL DAY
DECEMBER 15~ 19.~3 to..~pRIL 15, 1994
$8.00-$10.00 $5.00-$6.00 ALL DAY
$5.00-GREEN FEE $3.00-GREEN FEE ALL DAY
APRIL 16, 1994 to NOVEMBER 14~ 1994
$6.00-$8.00 $4.00-$5.00 ALL DAY
WALKING CONDITIONS
NOVEMBER 15, 1993 to DECEMBER 14~1993
g and 18 Holes No Charge AFTER 1:00 p.m.
DECEMBER !5, ~993 to ~PRIL 15, 1994
$5.00 GREEN FEE $4.00 WALK FEE 18 HOLES AFTER 11:00 a.m.
$3.00 GREEN FEE $2.00 WALK FEE 9 HOLES AFTER 3:00 p.m.
APRIL 16, 1994 to NOVEMBER 14, 1994
9 and 18 Holes-Weekdays No Charge ALL DAY
9 and 18 Holes-Weekends & Holidays No Charge AFTER 1:00 p.m.
SECTION 3. NON-MEMBER DAILY RATES. Non-Member rates,
including greens fees and golf cart fees, for the Sebastian
Municipal Golf Course are hereby established as follows:
NON-MEMBER DAILY RATES:
18 HOLES
$12.00-$20.00
$12.00-$17.00
NOVEMBER 15, 1993 to DECEMBER 14, 1993
8.00-$10.00
$23.00-$30.00
9 HOLES
$9.00-$14.00
$7.00-$12.00
$6.00-$ 9.00
WALKING
$5.00-$8.00
CONDITIONS
7:00 a.m.-12:00 NOON
AFTER 12:00 NOON
AFTER 3:00 p.m.
AFTER 1:00 p.m.
DECEMBER 15, 1993 to APRIL 15, 1994
7:00 a.m.-l:15 p.m.
$14.00-$17.00 AFTER 3:00 p.m.
WALKING
$20.00-$25.00
$16.00-$20'.00
AFTER 11:00 a.m.
AFTER 3:00 p.m.
APRIL l~j 1993 to NOVEMBER ~4~ 1994
WEEKDAYS
RANG~
9 HOLES
CONDITIONS
$10.00-$17.00
$ 9.00-$13.00
$ 6.00-$10.00
$10.50-$13.50
$7.oo-$11.oo
$6.00-$10.00
ALL SPECIAL CARDS
7:00 a.m. - NOON
AFTER NOON
AFTER 5:00 p.m.
ALL DAY
~ALKING WEEKDAYS
$ 7.00-$10.00
$4.00-$6.00
ALL DAY
~EEKE.ND.S AND ~OLIDAYS
$10.00-$19.00
$ 9.oo-$13.oo
$ 6.00-$10.00
$1o.5o-$13.5o
$9.00-$12.00
$8.00-$10.00
ALL SPECIAL CARDS
7:00 a.m. - NOON
AFTER NOON
AFTER 5:00 p.m.
AFTER 10:30 a.m.
WALKING WEEKENDS
$ 8.00-$11.00
$5.00-$8.00
AFTER 1:00 p.m.
GROUP RATES
WEEKDAYS
WEEKENDS & HOLIDAYS
$7.5o-$12.5o
$1o.oo-$15.oo
LEAGUES
$ 6.50-$7.50
All of the above are subject to 7% sales tax. Ail replays are
at cart fee only.
Club Rental
Range Balls
Junior Bucket
Handicap Fee
$ 7.50 (9 Holes)
1.50 Sm. Bucket
.25 Sm. Bucket
$12.00 Per Person
$ 15.00 (18 Holes)
3.00 Lg. Bucket
.50 Lg. Bucket
(Yr. Beginning 12/1/93)
4
Special Green Fee Exceptions: A P.G.A. Member and Certified
Greens Superintendent may play November 15, 1993 to April 14, 1994
one (1) time and April 15, 1994 to November 14, 1994 one (1) time.
~ECTION 4. ADJUSTMENTS. The hours and conditions set forth
in Sections Two and Three may be adjusted at the discretion of the
Golf Course Manager, due to amount of play and area competitive
conditions. The Golf Course Manager is authorized to.establish
the rate within the approved range due to amount of play and area
competitive conditions.
SECTION 5. TEE-TIME RESERVATIONS. The ratio of reserved tee
times between members and non-members will be one member tee-time
reservation to one non-member reservation. The golf course
pro/manager may adjust this ratio for marketing purposes to
stimulate additional play or to reflect changing conditions
SECTION 6. REPEAL. Ail Resolutions or parts of Resolutions
in conflict herewith are repealed.
SECTION 7. 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 8. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
5
The foregoing Resolution was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put to a vote, the vote was
as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
This resolution was duly passed and adopted by the City
Council of the City of Sebastian, Indian River County, Florida, at
its regular meeting on the day of , 1993.
CITY OF SEBASTIAN, FLORIDA
by:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
6
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal on the
day of , 1993 that one public hearing was
held on this Resolution at 7:00 p.m. on the day of
, 1993 and ~hat following said public hearing,
this ~solution was passed by the City Council.
Eathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
SPECIAL USE PERMIT FOR DAMIEN
GILLIAMS ON MULCHING FACILITY
Approval For Submittal By:
City Manager-~..///
Agenda Number:
Dept o Origin: ¢ommun. ity ,Deve. lopment
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
)
) 2.
)
)3.
)
) 4.
),5.
)
9/16/93 (BC)~
9,~22/93 .
Letter dated 9/13/93 from Keith A.
Pelan
Letter dated 9/13/93 from Bruce
Barkett
Various letters of good standing for
Richard Fey
Site Plan of proposed facility
Noise specifications on Model 1200
tub grinder
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
PROCEDURES - The City Council will be reviewing the proposed application from
Damien Gilliams regarding the mulching facility as a special use permit,
pursuant to Section 20A-2.6 of the Land Development Code. Paragraph B of
this section states, "The City Council shall not grant any special use permit
under this section unless it shall make findings based on evidence presented
to it in each specific case that:
The granting of the special use permit will not be detrimental to
the public safety, health or welfare or be injurious to other
properties or improvements within the immediate vicinity in which
the property is located; and
The use requested is consistent with the purpose and intent of the
respective district, and can be demonstrated to be similar in
nature and compatible with the uses allowed in such district.,,
Page 2
!
The public hearing as required bY Section 20A-2.6(D) has been properly
advertised and notices have been sent to properties within 200 feet of th~
property.
LOCATION - The site consists of approximately 11 acres located on the west
side of Old Dixie Highway and east of the Sebastian Highlands Unit ~15. Th~
site currently is vacant except for a single-family residence, located in th~
northeast corner of the property.
NOISE - The specification for the tub grinder (mulcher) indicates that thi~!
machine will meet the requirements of the Land Development Code regardin¢
maximum permitted sound levels (Section 20A-7.4(G)).
TRAFFIC - Old Dixie Highway is currently a one-lane roadway under th(J
jurisdiction of Indian River County. The site plan indicates an average
. , Public ~
daily traffic generation of 25 to 40 trips Mr. Jim Davis County
Works Director, has stated the applicant would have to improve this roadwa
to two lanes or the County might approve this use subject to this roadway
being designated as one-way. Mr. Davis has also indicated that if th~
roadway is not improved at this time, he would require the owner t~
participate in a street assessment Program. The City Council and Indiar~
River County would have to work out details on how this property can be
assessed by the County for this program. I
PREVIOUS APPROVALS BY THE CIT~ - The City of Sebastian has approved a special
use permit in the past for a sand mining operation for this property and th~
adjacent property to the north. This property has never been actively mine
and all permits have expired.
ZONING - This site and the adjacent property to the north is zone4
Industrial. The property to the west is zoned RS-10 (Residential Single-~
Family). The property to the south is within the County jurisdiction and has
agricultural zoning, RM-6 (Multi-Family) and light Industrial. I
Staff would find that this proposed special use permit would be consistent,
similiar and compatible in nature with intent of the Industrial Zoning. ~
PERFORMANCE BOND - City Council may wish to consider requiring a performanc
bond be posted that would cover the removal of all materials from the
if the project is abandoned. If this is required, staff would nee~
property
to determine the amount of the bond based on removing all materials anam
disposing at a proper facility.
PROPOSAL- The site plan indicates a single driveway off of Old Dixie Highwa~
approximately 24 feet in width. There will be a temporary trailer to receive
and log in all vehicles coming into the site.
The first (East) facility would be the stockpile of mulch that has been~
processed which is approximately 32,000 square feet or .73 acres. To give_
you something in relation, a typical Sebastian Highlands lot is approximately~
10,000 square feet.
,
Page 3
The second facility would be the stockpile area for the actual landclearing
debris. This site consists of approximately 86,000 square feet or
approximately 2 acres. It is approximately 465 feet x 185 feet.
The third area or facility is for timber stockpile, stockpile for firewood
and an area for processing of the timber into firewood. This area consists
of approximately 1 acre or 160' x 280'
The last facility to the far west is designated as topsoil processing and
stockpile area. This area is approximately 1.2 acres in size.
The applicant is requesting a permit for 5 years. Staff would recommend thi~
approval to be consistant with the previous approval by Dr. Fischer and limit
this permit to two years.
ITEMS THAT STILL NEED TO BE ADDRESSED
The applicant proposes to explain his marketing strategy for this
business at the meeting in order to justify the amount of area needed
for stockpile and processing.
The applicant proposes to subdivide the house from the remaining amount
of property in order to exclude this property from being improved. The
applicant will need to provide the City with a new legal description fo~
the remaining area for the site for the mulching facility. Th6
applicant will also have to process a subdivision application through
the normal channels of the City of Sebastian.
The City of Sebastian approved Resolution R-91-03 for the existin~
owners to mine and cut down the existing grade to approximately 82,00C
cubic yards of sand in order to properly engineer and develop sale
property. The applicant needs to address how this property will be
utilized with the existing topography or if the property is proposed to
be sandmined to level the property out. If the applicant plans to sand
mine this property, he will need to apply for a special use permit tc
mine this property.
The applicant indicates to have a 60 day supply of materials but, there
has been no indication on how the amounts of stockpile areas have been
determined to constitute a 60 day supply.
The applicant needs to address the west facility that has been indicated
as a topsoil processing stockpile area and what processing is involved
in this facility.
The applicant needs to identify any trees to be removed.
STAFF RECOMMENDATIONS - Staff would recommend that the City Council hold the
Public Hearing in order to allow the applicant and others to testify
regarding the merits of this proposal. If the City Council is inclined to
Page
approve this permit,
conditions of approval.
resolution and approve this permit at the next available council meeting.
!
!
a resolution should be drafted incorporating alll
This matter could be deferred in order to draft the
Hold the Public Hearing and review the application.
If the City Council has determined there needs to be additional information,
then this meeting should be deferred prior to drafting a resolution.
RECOMMENDED ACTION
U R B A N R E $ 0 U R C E G R 0 U P
September 13, 1993
Mr. Bruce Cooper, Director
Community Development
City of Sebastian
1225 Main Street
Sebastian,~Florida 32958
Re: L/. Tree Service
Spec/al Use Permit
Dear Bruce:
Enclosed arc thirteen (13) prints eae~h of a boundary survey and a Spec/al Usc Permit Site Plan for
your use in reviewing this application. Under separate cover, you-will .be receiving a letter from
Bruce Barkett outlining the request in more detail.
I met this morning with Jim Davis at/nclian River County to review the plan, and told him that you
would likely ~be calling him or requesting his comments on the application.
I trust the plan and survey ~ provide you with sufficient information to prepare your
i recommendation. Should you nell any additional information from myself or the team, please call.
I will .call your office on Wednesday, September 15 to arrange to get a copy of your report.
Thank you for your time.
I Cordially,
I URBAN RF_~OURCE GROUP
''' ' ' ]ne.
Keith A. Pelan
I Asso~ate
enclosures
cc: Richard Fey
Bruce Barkett
Damien Gilliams
File
A D I V I S I O N 0 I: I( I k~ L I: ¥ . H 0 i~N & A S S O C I A T E S I N C ,
UR~AN/,DEVE[OPMENtPLANNiNG.LANDSCAPEARCHiiECiUEE.$1TEG'EAPNiCS
601 215T STREET-SUITE 400. VERO BEACH, FLORIDA 32960
VOICE 407-778.;3300 FAX
SEP-1~-1995 16:27 FROM
Collie% Brown & Caldwell
September 13, 1993
589557~
~,OiJ'n-~ liE~Ct~ CXs~-K:£:
Nr, Bruce Coopex
Director of Communi~ Developmen~ m
City of Sebas=£an
1225 Main Street
sebasti?n, Florida 3295~ i
Re. Temporary Special Use Permit for Processing of Mulch
Dear Bruce: . I
Y ' a ~ or~ s~c~a~ use
---~ate cover an application ~or P ....... ' .... 1"
~ ................ mulch. The sl=e, appro~= ~ m
feet alon Old Di~e n~g y,
360 g . · · les as a compa%iDle
~ndus~ial which pe~s processing act~vit ....
' , . · aware o~ ~is
d use ~ the Sebas=zan Code. My client was .......
w.~. ........... . ...... ~_~_~ ~r~rilv aenerau~u
u · s but not exclusively, and
by %he applicant's landscaping busines , .....
no bur~ng or other activity wi~h ~ ozz site ~pac~.
. The project si~e is bordered on the no~h ~ an existing
sand ~r
mining o~ra=ion ~d on the south by groves, ~e~efore these uses
presen% no c~patibili~y issue. On ~he ~st, ~he property
~dered ~y Sebastian Highlands. Wes~ o~ ~he ~ogect slue %he
' 100 foot drainage e~s~enU ~rderlng =he pro~ec~,
There is a 50
Highlands ha= a ·
and within the eas~en~ is a ca~l and vmgeta~lon. . _
o~ se~ack sh~ on the site plan within the pro~ecC, so
e i men~ o era=lng on =he ~s=e~ ~xx u~ u.. ~ ~ . .
noisy ~u~ --~ =- = ....... =he debris stockpile area an~ ~ne
wooo grlnQer wl~A ~ m~w~- · ' ' 1 '
mulch stockpile near =ne ea~u-~ =,u u~ ~-~ ·
any generation of noise off-slue.
~e, we feel ~ha~ :he pe~i~ will not be de~r~ensal to :he p~llc
Mr. ~ruce Cooper
September 13, 1993
Page Two
heal=h, safety or welfare and would be consistent with the zoning
code and the comprehensive plan. The fa¢ili=y will also reduce the
burden on the Indian River County landfill and will provide a
service which is needed in,he ¢ommunity~ that of processing land
clearing debris in an economical manner, without having to truck
i~ doWn ~O the county facility. In addition, my client has
researched disposal of ~he mulch which results from the process,
and has determined that he has a readily available market to absorb
all of the mulch he can process.
Because my client will have invested approximately $1.2
million in ~he proper~, the mulchLng plan~, trucks, backhoe, and
~ront-end loader necessary ~o operate this facility, we request a
pe~mi= for a duration of five years. It is an=icipated that the
facility wall cause ~h~e. employmen~ of six ~o ei.gh~ men .or women,
and we believe =ha~...~ initial cost, ~he service provided, and
the employment created, jus=i~ies an initial five-year permit.
If I can provide any additional information, please do not
hesitate ~o call, and if I do not have the answers, I will find
them and get back to you as soon as possible.
As always, I look forward to working with you.
Very truly you. rs,
Bruce Barkett
BB~bh
TO'telL P. 00:3
May 12, 1993
Indian River County
Board of County Commissioners
1840 25th Street
Veto Beach, FL 32960
Dear County Commissioners:
Mr. Richie Fey is scheduled to appear before the commission
to apply for a permit for recycling purposes. I have known Mr.
Fey for several years, and have always consider him an
outstanding businessman, as well as a conscientious, concerned
citizen of Sebastian.
I would greatly appreciate your serious consideration of.Mr.
Fey's request. If I can be of further assistance, please do not
hesitate to contact me.
~ MEMBER FLORIDA St-IER~FFS ASSOCiATiON
MEMBER OF NATIONAL SHERIFFS ASSOCIATION ·
U VERO BEACH, FLORIDA 32960-1808
993
To Whlm' I~ May Concern:
Please accept this correspondence as my endorsement of the
professional qualifications of Mr. Richard Fey, L. I. Tree
Service.
Mr. Fey has been a resident of Indian River County for a
number of years. I have known him personally and he is an
outstanding citizen and has an excellent reputation.
If you have further questions, please feel free ~o contact
me. .
Sincerely,
ry Wheeler, Sheriff
Indian River County
GCW: rw
PHONE 407-569-6700
FLORIDA'
I. AIgI'ON
DEPARTMENT OF TRANSPORTATION~
~l~fl G. WATT~
3601 Oleander Ave.
Ft. Pierce, FL 34982
April Zg, 1993
To: Whom It May Concern:
From: Les Thorne, DOT Maintenance Contracts
L.I. Tree Service is currently performing Tree Trimming and Removal
Contracts for the Florida Department of Transportation. The work
is being completed on time, in a professional and conscientious
manner. These contracts are for three (3) years each. The initial
year and then each contract is renewed for two (2) additional years,
at the same dollar amount per contract.
' I
I
ENVIRONMENTAL
L E A R N I N C C E N T E Il
John D. Oreutt, Jr.
S,,ndr~ tL i~hl~
-~f~CR£'fAR¥
M~rgsmt ~. Bown'~n
Allen ^, Edw-ard~
May 10, 1993
Stirting ~, Adams
H~l~n Il. I~hl
I~ch~rd H, h~r
B~c~ D. ~rkett
~muel A. Bilk
Janice ,B~i
Geo~e P. Bunndl
J~n
Roy C. H~rd
Jo~e Butler Kent
Tho~ W.
Ste~n Mohltr
Jack B
Michel L.
G~go~ W. Smith
HO~O~AR~ T~USTEES
Jo~ C,
P~t~t w.
S. ~llock du Porn, Jr.
F.E. Gi~r~n
a~ ~. ~h~ub, S~.
Shc~n ~. Smith, Jr.
Malone S. W~dbu~
To Whom It May Concern:
' The Environmental Learning Center has been fortunate to
receive the professional services of Richey Fey's L.I. Tree
Service in the major landscaping efforts being undertaken at
our Wabasso Island site. It is because of generous donors
like Mr. Fey that the ELC is moving from a dream into a
reality. We recognize the contributions that Mr. Fey is
making to this worthy co,unity organization and appreciate
his effo~s.
oiiy (D;ii,
Executivk-~Director '
HSD/shf
'TO ENRICH LIFE--ALL LIFE--IN OUR COMMUNITY'
255 Llv~ O^~ DR/v[ V[RO BEACH FLORID^ 32963 407.589.5050 F^X 407.589.7723
City of Veto Beach
340.5 AIRPORT WEST DRIVE- lq, O. BOX 1389
VERO BEA CH, FLORIDA - 32961-]389
Telephone: (407) 56£-542~
April 28, t993
TO WHOM IT MAY CONCERN:
RE: Letter of Recommendation
The Parks Department of Public Works has been working close at
hand with Richard Fey of Long Island Tree Service. Several years
back we had a big freeze and lost many trees within the City
limits. During the following year we bid many tree and stump
removal projects. We were always impressed with how well organ-
ized his scheduling was and how neat his workers were during the
clean up portion of our jobs. We move trees from place to place
on occasion with a tree spade and Long Island Tree Service always
seems to go the e×tra mile in coordination and follow through.
Whatever service Richard Fey intends to extend to you, you can
rest assured it will be financially sound and responsible to your
needs.
AS/mb
Sincerely,
Art Sargent / V /
Deputy City Maffager
P~blic Works Department
FtlisTa PI OPERTIES MANAGEMENT, i-Nc.
100 Vista Royale
Vero Beach, FL 329c
(407) 562-90;-
1-80C~273-88l '.
To Whom It May Concern:
I am pleased to recommend Richard Fey of L.I. Tree Service, Inc.
Richard has performed numerous tree service Jobs for properties
managed by Vista Properties. I have found him to be dependable,
conscientious, and professional. His work is consistently top
notch.
Sincerely,
Terry ~. Cornell
Prop~y Manager
Professional Condominium and Community Association Management ~ ....
HORTICULTUREiNC.
April 26, 1993
TO WHOM IT MAY CONCERN:
Mr. Fey's company, L & I. Tree Sewice, has provided services for the Town of Indian River Shores in
a professional and cost effective operation for arboriculture care on Town property. His company Is
adequately equipped and Insured for the services he has provided.
My personal experience with Mr. Fey has been on a professional level entirely. He has always'been
prompt and responsible for jobs he has undertaken..
'Ptease do not hesitate to contact me if I can be of any further assistance.
Yours very truly,
Gary C. Doyle
President
GCD/scn
617(!' 69th Street, Vero Beech, Florida 32967
Telephone (407) 567-S675
Fax (407) $67-30$2
PROFOLD INC
SEBASTIAN, FLORIDA 32978-0929
(407) 589-0063 FAX (407) 589-02'13'
April 30, ] 993
Reference Richard Fey:
To whom it may concern:
In my 4 years in Sebastian I have associated with Richard Fey in politics,
social, business and community affairs. In all circumstances I have found him to be
very fair and professional in his dealings. He is well organized with facts & figures
and presents himself very well in any situation. We have met on many topics and I
always welcome his input because of the integrity he has displayed in the past. I
would highly recommend and support Richard Fey in any venture he is pursuing
because I know based on past experience.he will follow through with what he has
proposed.
Richard L. 0lson
General Manager
"Ouali~ On The Move"
Peter R. Holyk, M.D., F.A.C.S.
680 Jordan Avenue
Sebastian, FL 32958-4836
May 1, 1993
Indian River County
Board of County Commissioners
Vero Beach, FL
Dear County Commissioner,
It has come to my attention that Mr. Richie Fey is coming before you in
application for a permit for recycling purposes.
In the time since I relocated to Sebastian November 1, 1989 i have come to
know Mr. Fey both socially and in personal business. During my tenure as City
Councilman of Sebastian March 1991 to March 1993 I came to know Mr. Fey
better still as he came before City Council on business matters.
It is quite easy to speak on his behalf, because at no time since I have known
him has Mr. Fey been anything short of an upstanding citizen who works hard
and consistently tells the truth. I would have no hesitation to enter into a
business with Mr. Fey, although at the present time I am in no way contractually
or financially tied to him. I hold him in highest regard.
If there are any questions in this regard, I would be most happy to answer them.
Please feel free to contact me.
Peter R. HolCk~/ID, FACS
Sebastian City Councilman,
Retired
MODEL 1200 TUB GRINDER
D,B,A. READINGS
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IN
CITY LIMITS
PROPOSEb M~/-C.I-I FA~,ILIT~i·
'/__Z
A-1 . ~X~M-i~~IL
,STIAN HIGHLANDS
RS-lO
CITY LIMITS
!
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA ;32978
TELEPHONE (407) 589-5330
AGENDA FORM
SUBJECT: )
Public Hearing pursuant to )
Chapter 180, F.S. )
on GDU acquisition )
)
APPROVED FOR SUBMITTAL BY: )
)
City Manage~'~/~ ~'~~ ~_ )
Agenda NO. q~. ~
Dept. Origin Finance
Date Submitted 9/16/93
For Agenda Of ~
Exhibits:
Proposed Purchase & Sale
Agreement
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY STATEMENT
In continuance of the City's notice of intent to purchase the GDU
water and wastewater system, a draft purchase and sale agreement
has been distributed to Council.
The GDU acquisition task force and counsel are reviewing the
draft purchase agreement and will propose changes which will be
presented to Council at a later date.
RECOMMENDED ACTION
None. For your information.
PURCHASE AND, SALE._,.~.GREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of
the day of , 1993, by and between the CITY OF
SEBASTIAN, Florida ("Ci~"), and GENERAL DEVELOPMENT UTILITIES,
INC., a Florida corporation ("Utility").
1. The Utility is the owner of a water production, storage,
treatment, transmission, and distribution system,' and wastewater
treatment, transmission, collection and effluent disposal system
(collectively, the "S~stem"), commonly known as the Sebastian
Highlands Water and Sewer System, which is located in Indian River
County.
2. Pursuant to its governmental powers, the City is
authorized to preserve and enhance present advantages, encourage
the most appropriate use of land, water and resources, consistent
with public interest, facilitate the adequate and efficient
provision of water and sewerage facilities, and conserve, develop,
utilize, and protect natural resources within its jurisdiction.
3. The City has examined the System as well as the long-
range needs and goals of the City relative to the provision of
water and wastewater service to its present and future citizens,
and has determined that the execution of a purchase and sale
agreement for the acquisition of the System is in the public
interest.
4. The Utility has agreed to sell the System to the City and
the City has agreed to purchase the System from the Utility in
accordance with the terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and
benefits to be derived from the mutual observation of the covenants
contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by the
parties, the parties agree as follows:
1. Recitals. The foregoing recitals are true and c~rrect,
and form a material part of this Agreement.
2. Purchase and Sale of System. The Utility agrees to sell
to the City, and the City agrees to buy from the Utility, the
System, consisting of all real and personal property owned by the
Utility, located in Sebastian Highlands in Indian River County and
used in connection with the operation of the System (the "Purchased
Assets").
3. Purchased Assgts. On the Closing Date, as defined below,
the Utility shall sell, assign, transfer, convey and deliver to the
City, and the City shall purchase, accept and pay for all of
Utility's right, title and interest, in and to the following
Purchased Assets:
3.1 Real ~.r. oDertv. Ail real property and interests in
real property (the "Property,,), owned by the Utility, as described
in Schedule A-1.
· ' 3.2 Rlant ~nd Oth~.~ Facilities. Ail water production,
treatment plant, storage, transmission, distribution, pumping, and
other water facilities and all wastewater treatment plant,
wastewater collection, transmission, pumping and disposal
facilities of every kind and description whatsoever including
without limitation, all trade fixtures, leasehold improvements,
lift stations, pumps, generators, controls, collection and
transmission pipes or facilities, valves, meters, service
connections, and all other water and wastewater physical facilities
and property installations in use in connection with the operation
of the System by the Utility.
3.3 ~. Ail equipment, vehicles, tools, parts,
laboratory equipment, office equipment and other personal property
owned by the Utility and located on the Property and/or utilized by
the Utility exclusively in connection with the operation of the
System, as described in Schedule "A-Z" of this Agreement.
3.4 ~. Ail easements, licenses, prescriptive
rights, rights-of-ways, and rights to use public and private roads,
highways, streets, and other areas'owned and/or used by the Utility
in connection with the construction, reconstruction, installation,
maintenance and operation of the System and the Purchased Assets
(collectively, the "Easements"). The Easements are more
particularly described in Schedule "A-3" of this Agreement.
3.5 Customer and.Supplier Lists an~ Plans. Ali current
customer records, supplier lists and business records, as described
in Schedule "A-4" of this Agreement. The Utility may make and
retain copies of all records delivered pursuant to this Agreement,
at its expense, before transferring the original or (if the
original is not available) copies of the records to the City. The
City agrees that the Utility may have access after closing to all
records delivered pursuant to this Agreement (the provisions hereof
to survive closing).
3.6 Permits .and.. Approvals. Subject to all necessary
regulatory approvals and to all cond'~tions, limitations or restric-
tions contained therein, and the transferability thereof, all
existing permits and other governmental authorizations and
approvals of any kind necessary to 'operate and maintain the System
in accordance with all governmental requirements. The City agrees
to execute necessary forms required by governmental agencies to
transfer said permits and approvals.
3.7 _Customer~Deposi~. All customers' water and se.wet
s.e.r~, ice security deposits and accrued interest held by the Utility
wl~n re. sp. ect to the System. In consideration for the transfer.by
the Uti.llty Of these cust.omers, deposits to the City, the City
agrees to continue to provide utility services to those customers
for which .a deposit is held and, to the 'extent legal and valid
under appl%,cable Florida law, to f. ully indemnify, defend and hold.
the Utility harmless for any claims, actions, expenses, liabil-
ities, costs or damages, including costs and attorneys' fees at
trial and/or appeal, to which the Utility may be exposed in the
future as a result of T~e transfer of such customer deposits. The
provisions of this paragraph shall survive closing.
3 .$ Leases. The Utility hereby agrees to assign to the
City effective the Closing Date the equipment and building leases
set forth in Schedule "A-5" at~ached to this Agreement.
3.9 Inventor~. The inventory set forth in Bche4ule "A-
6" attached to this Agreement (the "Znventor~"). A final inventory
shall be taken not earlier than five (5) days or later than the day
prior to Closing by Utility with the City's representative to
prepare the final certified list of the Inventory. At closing, in
addition to the Purchase Price set forth below, the City shall pay
to Utility an amount equal to the Utility's actual cost of the
Inventory.
The Purchased Assets, anything to the contrary notwithstand-
ing, shall not include: (i) any deposits maintained by the Utility
with any governmental authority; (ii) any cash or other f~nds or
receivables held, derived or owed tothe Utility for the providing
of service to customers prior .tothe closing date. In addition,
the City acknowledges and agrees that it is purchasing the
Purchased Assets in their "as-is" and "where-is" condition, without
representation or warranty from the Utility except only as
expressly set forth herein.
4 .. Purchase ~_rice and Pavmen~t. The purchase price
("Purchase Price") to be paid by the City to the Utility for the
Purchased Assets shall be
subject to prorations and adjustments, as
hereinafter specifically set forth, plus the cost of the Inventory
as set forth in subparagraph 3.9 above. The Purchase Price shall
be paid in full at Closing in immediately available good, federal
funds by wire transfer to a bank and bank account designated by the
Utility. Prior to Closing, the Utility shall deliver wiring
instructions to the City.
5. ~atus of Title. Within 'fifteen (15) business days
following the execution of this Agreement by the Utility and the
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City, the Utility shall deliver to the City an updated title
commitment (the "commitment,,) for an owner's title insurance policy
issued by First American Title Insurance Company in favor of the
City insuring the fee simple title to the Property. The Utility
shall provide the City with an owner's title policy subsequent to
the closing. The title commitment expenses and title policy
premiums shall be allocated between the parties as set forth in
paragraph 9 below.
i 5.s~Exc~ptions to Title. The Commitment shall show the
Utility So vested with marketable fee simple title' to the
Property, ject only to the following (the "Permitted
~xceptions"):
(1) Ad valorem real estate taxes and assessments
for the year 1993 and subsequent years;
(2) Restrictions set out in the recorded plats of
subdivisions covered by the System;
(3) Easements for utilities and.drainage set'out in
such recorded plats of subdivisions; provided, however, that none
of the restrictions or easements set out in such recorded plats of
subdivisions shall prevent, or materially inhibit the present uses
being made of the Property;
(4) Restrictions and other matters of record
(except liens, encumbrances, or mortgages) that do not impair, or
materially inhibit the present uses of the Property as permitted by
applicable zoning and land use regulations presently in effect;
(5) All laws, ordinances, and governmental
regulations, including, but not limited to, all applicable
I building, zoning, land use .and environmental ordinances,
regulations, restrictions, prohibitions and other requirements,
none of which will prevent or materially inhibit the present uses
of the Property;
(6) The Developer Agreements
paragraph 13 below; and
referred to in
(7) All matters which would be disclosed by an
accurate survey of the Property.
5.2 Status. of...Tit!e. The City shall have ten (10) days
from receipt of the Commitment within which to examine same. If
the City finds title, as shown on the Commitment, to be defective
(i.e., matters which render title unmarketable in accordance with
the title standards adopted by the Florida Bar and are not
Permitted Exceptions), the City shall, no later than the expiration
of such ten (10) day period, notify the Utility in writing
specifying the defect(s), provided that if the City fails to give
the Utility written notice of defect(s) before the expiration of
said ten (10) day period, the defects shown in the Commitment
shall, anything in this Agreement notwithstanding, be deemed to be
waived as title objections to closing this transaction and the
Utility shall be under no obligation whatsoever to take any
corrective action with respect to same nor to warrant title to same
in its deed of conveyance. If the City has given the Utility
timely written notice of defect(s) and the defect(s)'render the
title other than as required by this Agreement, the Utility shall
use its reasonable efforts to cause such defects to be cured by the
Closing J3ate provided, however, that in no event shall the Utility
be required to bring suit or to expend any sum in excess of
$25,000.00 in the aggregate to cure title defects, exclusive of
mortgages against the Property which are in a liquidated amount
and/or the Utility has the obligation to discharge on or before
Closing under the terms of this Agreement. In the event that
defects are timely raised and the Utility, after such reasonable
efforts, has not cleared same prior to the Closing Date, then, in
that event, the City shall have the right, at the City's option,
either to: ~ (i) waive the defect and close the purchase of the
Property in its then existing condition of title without a
reduction in Purchase Price and without any claim against the
Utility therefor, or (ii) to rescind and terminate this Agreement
without liability by either party .to the other. Notice of such
election shall be given by the City to the Utility, in writing, as
contemplated in this Agreement, by no later than the Closing Date
or City shall be deemed to have waived the defect.
6. Representations aR~..Warran~i.es of Ut~.ity.
makes the following representations to the City:
The Utility
6.1 Orqanizatio~., Standi~ and Power. The Utility is a
corporation, duly organized, validly existing, and in good standing
under the laws of the State of Florida. The Utility has all
requisite power and authority to own and lease its properties and
the System, and to conduct its businesses as it is currently being
conducted.
6.2 Authority for A~ree~ent. The Utility has the power
and authority to execute and deliver this Agreement and to carry
out its obligations hereunder. This Agreement has been duly
authorized by all action required to be taken by the Utility, has
been duly executed and delivered by the Utility, and constitutes a
valid and binding obligation of the Utility, enforceable in
accordance'with its terms.
6.3 No Liens. Except as otherwise specifically set
forth in Sche4ule "B", there are no mortgages or lien claims
encumbering the Purchased Assets which will not be discharged or
released at closing.
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6.4 eaLD~9~. Except as set forth in Schedule "A-5" to
this Agreement, none of the Purchased Assets are leased.
6.5 Absence Qf Chanqes. After the date of the execution
of this Agreement, the Utility shall not:
tear or course of business which are not, either in any case or in
the agg~egate,
and
(1) subject .to damage by casualty, undergo any
change in 'its condition of properties, assets, liabilities,
business or operations other than changes in the ordinary wear and
materially adverse to the operation of the System;
(2) sell any of the System's assets or properties
except with the City's consent, which shall not be u~reasonably
withheld, delayed or conditioned; and
(3) subject to available administrative remedies
pursuant toChapter 120, Florida Statutes, or any administrative or
judicial procedures or proceedings applicable to particular
permits, intentionally fail to comply with all material System
permit requirements or fail to extend or renew such permits .so that
the same remain valid as of closing.
6.6 FIRPTA. The utility is not a "foreign person,,
within the meaning of the United States tax laws to which reference
is made in Section 1445 (b) (2) of the Internal Revenue Code. On
the Closing Date, the Utility shall deliver to the City a
certificate to such effect.
6.7 Risk ..of.Loss. The Utility shall bear the risk of
loss, damage or destruction of the Purchased Assets by fire or
other casualty prior to the date of Closing. If any material
portion of the Purchased Assets is damaged by fire, "Act of God" or
other casualty before the Closing Date, the City shall have the
option of (1) closing and accepting the Purchased Assets "as is",
without reduction in the Purchase Price, together with Utility's
assignment to the City of all rights under its insurance policies
and all of the insurance proceeds, if any relating thereto, but
without any further claim against the Utility; or (2) canceling
this Agreement in which event the parties shall be released from
all further obligations to each other. If an immaterial portion of
the Purchased Assets is so damaged, the Utility shall either (i)
repair or replace same, or (ii) assign its insurance proceeds
covering same.to the City at closing (or if there are no adequate
proceeds available, the Utility shall credit the City at closing
for the reasonable uninsured value of the damaged property).
6.8 Access to Reco.rds~ The Utility will at all times
cooperate by providing reasonable access, upon prior written notice
(not less than forty-eight (48) hours in advance), to their records
and facilities for inspection to assist in acquainting the City's
operating and administrative personnel in the operation of the
System; provided, however, that no such inspection shall materially
interfere with the operation of the System or the day-to-day
activities of the Utility's personnel.
7. Re~r. esentations and .~arrant~es oS ~be city.
makes the following representations to the Utility:
The City
7.1 OrGanization. Standing an~.~ower oS tbe~ city. The
city is a political subdivision of the State of Florida and has all
requisit~ power and authority to enter into this Agreement, to own
and lease real and personal property, and to carry out and perform
the terms and provisions of this Agreement.
?.2 Authority andA~rreement. The City has the authority
and power to execute and deliver this Agreement and to carry out
its obligations hereunder. The City has held all of the necessary
public hearings to authorize the City's purchase of the System and
this Agreement has been duly authorized by all appropriate
governmental action required to be taken by the City, has been duly
executed and delivered by the City, and constitutes a valid and
legally binding obligation of the City, enforceable in accordance
with its terms.
7.3 ~. Upon closing the transaction contemplated
in this Agreement, the City shall continue to provide: (i) water
and sewer service to the Utility's customers consistent with or
superior to the services currently being provided by the Utility to
its customers; and (ii) water and wastewater service to Atlantic
Gulf Communities Corporation, its successors and/or assigns
~"A~lmn~ic ~lf"), and properties owned by Atlantic Gulf, in a
uniform and non-discriminatory manner with other property and
property owners served by the City.
8. AdJustment~...and Prora~i0ns. At the time of closing, the
parties covenant and agree that the following adjustments and
prorations to the Purchase Price shall be made:
(1) Real and personal property taxes for 1993 on
all real and personal property which is being conveyed by the
Utility to the City, shall be prorated as of 11:59 p.m. of the
Closing Date.
(2) Ail rates, fees and charges for water and sewer
service shall be prorated and adjusted between the parties as of
11:59 p.m. of the Closing Date. The City shall reimburse and
.credit the Utility for'ninety-five percent (95%) of all accounts
receivable zero (0) to sixty (60) days old as of the Closing Date.
Utility shall retain all accounts receivable which are delinquent
for more than (60) days (entitling Utility to the proceeds thereof
if and when paid). The City shall promptly turn over to Utility
any such delinquent receivables that may be subsequently paid to
be prorated as of the Closing Date and paid by the City to the
Utility within thirty (30) days of billing. Ail rates, fees,, and
charges for water and sewer service after the Closing Date shall be
the property of the City.
the City and shall use reasonable efforts to assist Utility in the
collection of same, including, without limitation, discontinuing
service to nonpaying customers. The City agrees to pay the Utility
for ninety-five percent (95%) of. all unbilled revenue, which shall
(3) The City shall reimburse and credit the Utilit
~or_th~ eost of all additional capital improvements
or behalf of the Utility pri r to the
provided the City has consented to said improvementsI
(4) The Utility shall request all of ~ts suppliers
and ~ndo~s ~o.subml? final.invoices for services, materials and
_~y_ ~os~ng_pa=~t' The Utility shall be responsfble for.
:o =e ==y, upon request, evidence of the pa ent of' H
such invoices.
.(5) For all those customers ~ho are connected to
the System on the Closing Date and have pa~d connection, plant
capacity, main extension, capital and/or other connec '
{"Connect~ -~ ..... ,,, ...... L .... ~lon charges
.... --~w-- ; uo ~ne u=l£1=y for the availability of
utility services, then any Connection Charges previously paid shall
be retained by the Utility. For all those customers who on the
Closing Date are not connected to the System, but who have paid
Connection Charges to the System, and to whom the Utility has
ex~ended pipelines to provide service, then the Utility shall
retain main extension charges previously paid in relation to the
pipelines so extended (water main extension charges for water
pipelines, wastewater main extension charges for wastewater
pipelines), the Utility shall pay to the City the plant capacity
charges paid by such customers and the Utility shall retain all
other Connection Charges paid by such customers. Ail other
Connection Charges received prior to the Closing Date by the
Utility from customers of the System who have not connected tot he
System, shall be deemed the property of the City, and shall be paid
to the City. The City agrees to the extent legal and valid under
applicable Florida law, to fully indemnify and hold the Utility
harmless for any claims, actions, expenses or damages, including
costs and attorneys, fees at trial and/or appeal to which the
Utility made be exposed in the future as a result of this transfer
of the Connection Charges. The provisions of this paragraph shall
' f-~fT. All adjustments and prorations shall be
calculated as of 11:89 p.m. of the Closing Date.
9. Closin~ Mx~enses. Documentary stamps and surtax, if any,
on the Deed and the cost of recording the Deed and any other
document required to consummate this transaction shall be paid by
the City, except for corrective instruments which must be filed to
cure title defects which shall be paid by the Utility. The cost of
the Commitment shall be paid 'by the Utility, and all title
insurance premiums shall bepaid by the city. Certified, confirmed
and ratified special assessments or governmental liens payable as
of the date of this Agreement will be paid by the Utility; all
other special assessments and governmental liens (whether hereafter
-certified or pending) will be assumed by the City. Each party
shall separately pay their respective legal counsel fees. incurred
in connection with this transaction.
10. Closing. This transaction shall be closed at the offices
of the Utility's legal counsel, Greenberg and Traurig, at 1221
Brickell Avenue, Miami, Florida not greater than sixty (60) days
following City com~issionApproval (the "CloslngDate"), beginning
at 9:00 a.m. or at such earlier date or time as the parties
mutually agree to in writing.
11. Closing~Docu~.e. nts aD~..Pirocedu~s.
11.1 Deliveries from Utility. The following documents
(duly executed where appropriate) shall be delivered by the Utility
to the City at or prior to Closing.
(1) Special Warranty Deed conveying to the City
title to all of the Property, subject to the matters set forth in
paragraph 5 above;
(2) Assignments to the City, in recordable form, of
all of the Utility's right, title and interest in and to the
Easements;
(3) Bills of sale from the Utility to the City of
all of the plant, facilities, and equipment described in subpara-
.graphs 3.2 and 3.3 above;
(4) Assignments or other appropriate documents of
transfer from the Utility to the City of all other assets included
within the Purchased Assets;
(5) Ail business records sold to the City hereby;
(6) All permits, governmental authorizatiohs and
'approvals,together with applications for or transfer approvals from
any and all agencies that have issued said permits, authorizations,
and approvals;
(7) Standard no-lien affidavit in form typically
required by the title company;
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(8) The customer service security deposits as of
the Closing Date as described in subparagraph 3.7 hereof; and
(9) a "non-foreign"affidavit or certificate
pursuant to Section 1445 of the Internal Revenue Code.
The assignments and bills of sale shall be without repre-
sentation or warranty except that the property covered thereby is
free of liens and encumbrances and has not been previously assigned
or sold by the Utility.
11.2 Deliveries from the City. On the Closing Date, the
City shall pay the Purchase Price by sending a wire transfer to the
account and bank identified by the Utility in the amount due to the
Utility as provided in paragraph 4 of this Agreement. The City
shall also deliver to the Utility at the Closing duly executed
assumptions of the agreements set forth in paragraph 13 of this
Agreement, an assumption of the leases, permits, agreements,
approvals and other interests in the Purchased Assets being sold
and assigned by the Utility, and a certified copy of a resolution
of the City commission approving the transaction. The assignments
and assumptions being prepared by the parties may be incorporated
in one document at the convenience of the parties.
11.3 Mutua% D0cu~ents. The Utility and the City shall
mutually sign and deliver counterpart closing statements and such
further documents as may reasonably be requested in order to carry
out the provisions of this Agreement.
12. Commiss.ion~. The Utility and the City each warrant to the
other that the transaction contemplated by this Agreement is a
direct, private transaction between the Utility and the City
without the use of a broker, finder or commissioned agent; and each
party ("Indemnitor,,) shall indemnify and hold the other party
("Indemnitee,,) harmless from any claim, cost, expense or liability
(including reasonable attorney,s fees and court costs at trial and
appellate levels) resulting from or arising out of any claim for
brokerage or other similar compensation on account of the actions
or dealings of the Indemnitor. The provisions of this paragraph
shall survive the closing or earlier termination of this Agreement.
13. Developer Agr.eementm.
13.1 Deve. loDer or Seryice Cgntraqts and Agreement~. The
City shall take title to the Purchased Assets encumbered by those
certain developer or service contracts and agreements that are
listed on Schedule "C" attached to this Agreement which will be
assigned to and assumed by the City effective as of Closing.
13.2 New Aqreements. After the date of the execution of
this Agreement, the Utility shall notify the City of all requests
for developer or service agreements and the terms thereof and shall
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provide a copy of the proposed agreement to the City. The Ci~?
shall approve or disapprove,in writing, said proposed agreement
within twenty (20) days of its receipt of the proposed agreement,
which approval shall not be unreasonably withheld, delayed or
conditioned. Once a proposed agreement is approved by the City,
the City shall accept and assume the terms of the approve~
agreement subsequent to the Closing Date in accordance with its
terms.
13.3 Miscellaneous. The agreements referenced in
subparac~raphs 13.1 and 13.2 above are collectively referred to as
"Deweloper Agreements". The Utility shall not cause any Developer
Agreement to be modified after the date of this Agreement without
the prior written approval of the City, which approval shall not be
unreasonably withheld, delayed or conditioned. Notwithstanding
anything to the contrary set forth herein, the Utility need not
obtain the City's approval to enter into Developer Agreements that'
individually do not commit in excess of 10 equivalent residential
connections of water and waste~ater service capacity.
14. Notices: Rr~perFor~. Any notices required or .allowed to
be delivered hereunder shall be in writing and may either be (1)
hand delivered, (2) sent by recognized overnight courier (such as
Federal Express) or (3) mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope, and
addressed to a party at the address set forth opposite the party's
name below, or at such other address as the party shall have
specified by written notice to the other party delivered in
accordance herewith:
City:
with a copy to:
Utility:
Charles Fancher, President -
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-3461
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with a copy to:
Marcia Langley, Esq.
Atlantic Gulf Communities Corp.
2601 South Bayshore Drive
Miami, Florida 33133-3461
Notices personally delivered by hand or sent by overnight courier
shall be deemed given on the date of delivery and notices mailed in
accordance with the foregoing shall be deemed given three (3) days
after deposit in the U.S. mail.
15., No Interf~rence..With EmDlovment. The Utility Will not
interfere with the City hiring the present operational staff of the
System. The City has an interest in and shall use its best efforts
in retaining employees of the Utility presently working with the
System.
16. Disclaimer of ThirdPartv Beneficiarie~. This Agreement'
is solely for the benefit of the parties hereto, and no right or
cause of action shall accrue upon or by reason hereof, to or for
the benefit of any third party not a party hereto.
17. Bindinq...Effect. Ail of the provisions of this Agreement
shall be binding upon and inure to the benefit of and be
enforceable by the legal representatives, successors and nominees
of the City and the Utility.
18. Time o~. the 'EssgDc~. Time is hereby declared of the
essence in the performance of each and every provision of this
Agreement.
19. ADD!icab~e Law. This Agreement shall be construed,
controlled, and interpreted according to the laws of the State of
Florida.
20. Additional Responsibilities _.of Utility and City. The
Utility agrees to assist the City in aid of ~rah'~iti~n f~llowing
closing by providing, at the City's request, assistance in billing
services and transfer of files at no cost to the City other than
out of Docket data~rocessing costs. J~ln addition, the Utility
oS. hall be entitled to re~in possession and make use of the building
ffice and equipment for an initial period of nine (9) months-~'~
Ifollowing closing with an option to extend for an additional nine~
~(9) months
~perations. ion
agr'6ements are set forth more particularly in Schedule "D" attached
hereto. The provisions of this paragraph shall survive closing.
21. ~orroboration of Payments After Closin,. In each
instance in which either the Utility or the City is to receive
money from another party after the Closing Date pursuant to the
provisions of this Agreement, the party who is entitled to receive
the money under the terms of this Agreement shall have the right to
- 12 -
inspect, at its own expense, those books and records of the other
party as may be necessary to corroborate the accuracy of the amount
of money received by the party, within thirty (30) days of receipt
of payment. The provisions of. this paragraph shall survive
closing.
22. -~---~--~A~. RADON IS A NATURALLY OCCURRING RADIOACTIVE
GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT
QUANTITIES, MAY PRESENT HEALTHRISKS TO PERSONS WHO ARE EXPOSED TO
IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE
GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLOR/DA. ADDITIONAL
INFORMATiON REGARDINGRADONANDRADON TESTING MAY BE OBTAINED FROM
YOUR CITY PUBLIC HEALTH UNIT.
23. Miscellaneous.
23.1 Ail of the parties to this' Agreement have
participated fully in the negotiation and preparation hereof,and
accordingly, this Agreement shall not be more strictly construed
against any of the parties hereto.
23.2 In the event any term or provision of this Agreement
be determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal
meaning or be construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed to be in
full force and effect.
23.3 In the event of any litigation between the parties
under this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial and
appellate levels
23.4 In construing this Agreement, the singular shall be
held to include the plural, the plural shall be held to include the
singular, the .use of any gender shall be held to include every
other and all genders, and captions and paragraph headings shall be
disregarded.
23.5 This Agreement may be executed in several
counterparts, but each such counterpart shall be deemed an
original, but all such counterparts will constitute only one
agreement.
23.6 In the event either party fails to close on the
Closing Date (without any default by the other party), time being
of the essence, or in the event of any other default by any party
of its obligations hereunder which continues for a period of
fifteen (15) days following written notice thereof from the other
party, the other party shall be entitled to seek all rights and
remedies available at law or' equity, including specific
performance.
- 13 -
23.7 Ail of the exhibits and schedules attached to this
Agreement are hereby incorporated in, and made a part of this
Agreement. ,
24. ~nti~e Agregmen~. This instrument constitutes the entire
agreement and.understanding between the parties and supersedes all
previous discussions, understandings and agreements between the
parties relating to the subject matter' of this Agreement. This
Agreement may not be changed, altered or modified and no waiver of
any provision hereof shall be made except by an instrument in
writing ~igned by the party against whom enforcement of such change
or wai~er would be sought.
Z~ WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
Signed, sealed and delivered CITY:
in the presence of:
Name: By:
Name:
Name:
Title': "
Attest:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Name:
City AttOrney
Signed, sealed and delivered
in the presence of:
Name:
Name:
UTILITY:
GENERAL DEVELOPMENT UTILITIES
INC., a Florida corporation
By:
Mr. Charles E. Fancher, Jr.
President
[Corporate Seal]
STATE OF FLORIDA
COUNTY OF
SS:
The foregoing instrument was acknowledged before me this
· day of , 19 by , as
of the CITY OF SEBASTIAN, FLORIDA, on behalf of
the City. He/She personally appeared before me, is personally
known to me or produced as identification.
[NOTARIAL SM]
Notary: _
Print Name:
Notary Public, State'of Florida
Commission No:
My commission expires:
STATE OF FLORIDA )
) SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19__ by CHARLES E. FANCHER, JR., as President
of GENERAL DEVELOPMENT UTILITIES, iNC., a Florida corporation, on
behalf of the corporation. He personally appeared before me, is
personally known to me or produced as
identification.
[NOTARIAL SEAL]
Notary:
Print Name:
Notary Public, State of Florida
Commission No:
My commission expires:
- 15 -
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
TUESDAY, SEPTEMBEB 7, 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 THle~ OFFICE OF ~ CiTY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
First Public Hearing - 1993/94 Proposed Millage
and Tentative Budget:
* Resolution No. R-93-40 Proposed Millage
* Resolution No. R-93-41 Tentative Budget
Schedule Public Hearing for Golf Course
Rates Resolution for 9/22/93
Mayor Powell called the special meeting to order at
7:04 p.m.
2. The Pledge of Allegiance was recited.
3. ROL.L CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Attorney, Charles Nash
Acting City Manager/Director of
Community Development, Bruce Cooper
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Golf Course Pro/Manager, Joseph O'Rourke
Deputy City Clerk, Sally Maio
Administrative Secretary, Joanne Sandberg
Special City Council Meeting
September 7, 1993
Page Two
93.
The normal order of business for public hearings
(Resolution No. R-88-$2) 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. ~ - Proposed Millage Rate
of 6.900 MILLS (Tentative Approval - 2nd Public
Hearing and Final Adoption Scheduled for 9/22/93)
(Finance Director Transmittal dated 9/3/93,
R-93-40)
RESOLUTION NO. R-93-40 IS TO BE READ IN FULL IN
ACCORDANCE WITH FS 200.065 (2)(6)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM
TAXES FOR THE CALENDAR YEAR 1993; PROVIDING FOR
DEPOSIT OF TAX LEVIES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Powell opened the public hearing at 7:05 p.m.
and the City Attorney read Resolution No. R-93-40 in
its entirety.
The Finance Director gave a brief explanation of
procedures and discussed the proposed millage rate.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
addressed city Council on the increase in the millage
rate.
Mayor Powell closed the public hearing at 7:11 p.m.
Each City Council member offered input on the
proposed millage rate.
Special City Council Meeting
September 7, 1993
Page Three
MOTION by Corum
I make a motion for the approval of the proposed
millage rate of 6.90 and and set the second public
hearing and final adoption for 9/22/93.
Mr. Oberbeck requested that "Resolution No. R-93-40"
be added to the motion, Mrs. Corum concurred and he
seconded the motion.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum -aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
93.148
RESOLUTION ~0,. R-93-41 - Tentatlve ~
Fiscal Year Bu~et (Tentative Approval - 2nd
Public Hearing and Adoption Scheduled for 9/22/93)
(Finance Director Transmittal dated 9/3/93,
R-93-41, Pgs 59-60 GC Budget)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE
CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30,
1994; APPROPRIATING FUNDS FOR THE EFFICIENT AND
EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF
SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1994, SUCH APPROPRIATIONS
BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO
AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD
THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND
GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1993;
PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT
G~S RECEIVED AFTER SEPTEMBER 30, 1993; PROVIDING A
MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD
UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND;
AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED
SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL
NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Powell opened the public hearing at 7:18 p.m.
and the City Attorney read Resolution No. R-93-41 by
title only.
Special City Council Meeting
September 7, 1993
Page Four
The Finance Director stated that the revised overall
budget dated August 16, 1993 and the Golf Course
budget dated August 16, 1993 with new pages 59 and
60 are the final proposed budgets for consideration.
Keith Miller, 961 Riviera Avenue, Sebastian~
addressed city Council on the proposed budget.
The Finance Director and Utilities Director responded
to)tr. Miller's concerns.
Mayor Powell adjourned the public hearing at 7:27
City Council members offered input on the proposed
budget.
The Finance Director said computer expenses can be
reduced by not relying on the state contract price.
Mr. Oberbeck said he would like to see some funds
remain in the budget for Christmas decorations.
The Finance Director suggested that the Christmas
· decoration funds not be appropriated at this time,
that the current contract be discontinued and
subsequent to budget adoption, funds for some type
of decorations be found.
MOTION by Freeland/Damp
I make a motion we accept Resolution No. R-93-41
and set a second public hearing for September 22,
1993.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
~ to ~onclusiQD of ~ ~mend Tentative
~ or Adopt Tentative ~ ~ If Necessary
Re¢ompu~e Proposed MillaGe Rate an~ ~
Announce ~ercent bv.Which Recomputed~=qposed
Millaq~ Exceeds Rolled-Back Rate
No action was necessary since the millage and budget
were tentatively adopted as presented.
4
Special City Council Meeting
September 7, 1993
Page Five
93.271 5.
Schedule Public ~earing o__n~roposed ~o~f Eourse Rate
~tmend~e~t ~ September 22. ~ ~ ~
~ransmittal dated 9/3/93. R-93-46)
MOTION. by Oberbeck/Freeland
I would move to hold a public hearing on Golf
Course rates Resolution No. R-93-46 for September 22,
1993.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Being no further business, Mayor Powell adjourned the
special meeting at 7:32 p.m.
Approved at the
Meeting.
, 1993, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC\AAE
city Clerk
5
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WEDNF~DAY, SEFrEMBER 8, 1993 - 7:00 P.M.
CITY COUNCiL CHAMBERS
1225 MAIN STIIEI~r, SEBASTIAN, FLORIBA
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 meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Henk Touissant - St.
Sebastian Catholic Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Attorney, Charles Nash
Acting City Manager, Director of
Community Development, Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Deputy City Clerk, Sally Maio
Administrative Secretary, Joanne Sandberg
Regular City Council Meeting
September 8, 1993
Page Two
e
A~ENDA ~ODIFI,~AT~ONS (ADDITION~ ~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.
93.272
Mrs. Corum excused from 7:02 p.m. to 7:03 p.m.
PROCLAMATIONS AND;OR ANNOUNCEMENTS
A. ~roclamation _- Constitution Week CB.trY Bock
Mayor Powell read and presented the proclamation to
Betty Bock, Daughters of the American Revolution.
Mrs. Bock announced that a new Sebastian chapter is
being instituted.
7. PUBLIC HEARING. ~NAL~TION
The normal order of business for public hearings
(Resolution No. R-88-$2) is as follows: * Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
~lease 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.
93.256
.RESOLUTION TO. 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)
Regular City Council Meeting
September 8, 1993
Page Three
Mayor Powell opened the public hearing at 7:07 p.m.
and the City Attorney read Resolution No. R-93-39 by
title only.
The Director of Community Development/Acting City
Manager noted that P & Z has approved the home
occupational license conditioned on this approval.
Mayor Powell closed the public hearing at 7:08 p.m.
Mrs. Damp inquired why Ft. Lauderdale airport was not
included in the rate structure.
Robert Wood, 1112 Landsdowne Drive, Sebastian said
he will be servicing Ft. Lauderdale, will comply with
his proposed rates and was directed by the City
Attorney to file the rate with the City.
MOTION by Corum/Oberbeck
I make a motion Council approves Resolution No.
R-93-39.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
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
3
Regular City Council Meeting
September 8, 1993
Page Four
93.273
93.266
93.274
93.085
93.275
~ESOLUTION N0,-~-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.
S0~ ~0, ~ - Interlocal Agreement -
IRC/City of Sebastian - Solid Waste Disposal
District (Director of Co~unity 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 COM)~ISSIONERS 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)
De
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)
4
Regular City Council Meeting
September 8, 1993
Page Five
93.276 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)
The Director of Community Development/Acting City
Manager read the consent agenda in its entirety,
including titles for R-93-44 and R-93-37.
Mrs. Corum removed items A and B; Mayor Powell
removed item E.
MOTION by Freeland/Corum
I make a motion that we approve items C, D, F,
and G on the consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Item A. A_~i of Minutes
Mrs. Corum asked that motion she made, and which was
not seconded, to extend the September 1, 1993 minutes
for twenty minutes be included in the minutes.
Mr. Freeland noted a correction to an August 18,
1993 meeting roll call which included his name,
although he was not in attendance.
Mrs. Corum inquired why the motion in the August 18,
1993 minutes regarding the GDU rate hearing did not
include a second. Mr. Oberbeck said he recalls
seconding the motion and the Deputy City Clerk was
directed to listen to the tape of the meeting. (Upon
review of the tape no second is indicated and the
item was placed on the 9/15/93 agenda for
ratification)
MOTION by Freeland/Oberbeck
I make a motion we accept item A of the consent
agenda with the corrections.
VOICE VOTE on the motion carried 5-0.
5
Regular city Council Meeting
September 8, 1993
Page Six
93.273
Item B. R~SOLUTION ~0. ~-93-44 ~ Vacation of
EasemeDt ~ ~ocher
Mrs. Corum inquired why the City Engineer requested
reduction to five feet and he responded that fifteen
feet of easement is adequate to bring equipment in to
Collier waterway.
MOTION by Corum/Oberbeck
I move the approval of item B of the consent
agenda.
ROLL CALL:
· Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
93..085
MOTION CARRIED 5-0
~tem~. ~eschedu~Public ~ear~ngs for~9]~
Lakes ~~~o~!]~=Q/9_~and ~1/24/93
Mayor Powell inquired how long this project will drag
on and the Director of Community Development
responded.
MOTION by Freeland/Oberbeck
I make a motion that we accept item E on the
consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MrS. Damp - aye
MOTION CARRIED 5-0
9. PRESENTATIONS
10.
None.
~ AND CITY COUNCIL MATTERS
A. MiQerMayor Frank Oberbeck
In response to Mr. Oberbeck, the Director of
Community Development/Acting City Manager reported on
the "no left turn" issue on CR 512 and stated that
the signs will be removed.
6
Regular City Council Meeting
September 8, 1993
Page Seven
B. Mrs. ~ ~orum
Mrs. Corum said the 20% increase given to the City
Clerk as Acting City Manager should go to the
Director of Community Development for the two weeks
he served.
C. ~ Norma pamp
Mrs. Damp concurred with Mrs. Corum on the 'issue of
compensation for the Director of Community
Development; inquired whether Indian River County
funds are still available for Barber Street Sports
Complex and the Finance Director responded.
D. Mr. ~obert ~land
Mr. Freeland Spoke on a Press Journal article
regarding city owned property and cited a study he
had done on the properties.
E. Mayor Lonnie R. Powell
Mayor Powell spoke on St. John's River Water
Management District taxes and property acquisitions.
11. ~~TTORNE~ MATTERS
93.234
Accent~cClary's Conditional Resiqnation ..(No
The City Attorney reported on discussions with Mr.
McClary's attorney, Tom Justice, stated that Mr.
Justice had proposed a settlement for a lump sum wage
of $45,000 with appropriate employee benefits up to
August 25, 1993, reinstatement of Mr. McClary to his
position followed by his voluntary resignation, at
which time releases from all claims by the City and
Mr. McClary. City Council discussion followed.
TAPE I - SIDE II (7:51 p.m.)
City Council discussion continued. The Finance
Director stated that she will provide a breakdown of
benefit amounts to City Council tomorrow.
7
Regular City Council Meeting
September 8, 1993
Page Eight
93.209
12.
13.
14.
MOTION by Corum/Freeland
I make a motion of Council to approve the
reinstatement and then the resignation of Mr. McClary
with $45,000 severance pay, equal FICA, his COBRA due
and his accrued vacation.
The City Attorney requested that "subject to
receiving a definitive agreement acceptable to
Council" be added and Mrs. Corum and Mr. Freeland
concurred.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
MOTION CARRIED 4-1 (Mrs. Damp - nay)
Mayor Powell called recess at 8:02 p.m. and
reconvened the meeting at 8:20 p.m. Ail members were
present.
The city Attorney ciarified that he does have a
letter from Attorney Justice with the terms he
advised City Council on previously, and said the
agreement was a result of negotiations.
CiTY--MATTERS
The Director of Community Development/Acting City
Manager said P & Z will be reviewing a site plan for
First Union which will result in an ordinance change
for drive-thru facilities.
COMMITTEE REPORTS/RECOHMENDATIONS
None.
OLD BUSINESS
ae
Local Government Requlation of Cable TV /~
Director Transmittal hated 9/3/93. NATOAAction
Alert, Forms 328 and 329. Falcon Letter hated
8/24/93)
The Finance Director requested authorization to fill
out FCC forms with the assistance of the city
Attorney and asked that City Council consider
appointment of a committee in the near future.
8
Regular City Council Meeting
September 8, 1993
Page Nine
93.277
15.
MOTION by Oberbeck/Freeland
I would move to authorize the Finance Director to
complete all applicable FCC forms and file same with
FCC with assistance of the City Attorney.
Discussion took place on citizen complaints.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
A. Handicap a~A~R at ~ ~all m Eity Enqineer ~
~ EnGineer Transmittal dated ~ Drawing)
The City Engineer reiterated his report to City
Council on the need for renovation of the handicap
ramp at City Hall.
Mr. Oberbeck offered to meet with the City Engineer
to design a removable ramp in the event that the city
installs an elevator in that location in the future.
Discussion took place on alternative locations for
the elevator.
MOTION by Damp/Oberbeck
I move that we replace the handicap city hall
ramp according to ADA requirements using expenditures
from the city hall improvements fund.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
9
Regular City Council Meeting
September 8, 1993
Page Ten
93.119 B.
~ Club Dock Improvements ~ ADDrove Additiona~
Services for Rio mar Enuineerinc ~ ~
Transmittal date~ ~ ~iomar Letter ~ated
8_8_~W! Attachmen~s~
The City Engineer gave a brief report on the proposed
improvements.
MOTION by Oberbeck/Freeland
I would move to approve the additional funds for
Riomar in the amount of $500.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
93.275/
90.016
DTF. Inc. ~1~~ Renew~_9/L~ ~greemeDt
at SebastiaD ~ Golf Course lcit¥ .Clerk
Transmittal dated 9/1/93. Fink ~ dated
~131/93. A~reement)
Thomas Wojciechowski, Peterson Street, Sebastian,
urged acceptance of the one year renewal.
The Finance Director said proposed modifications will
be brought to city Council for consideration in the
near future and that City Council is only obliged, at
this time, to receive his intent to renew.
No objections were heard.
93.279
D. m~Account ~lerk - Finance De~
{Finance Director ~ransmittal dated 912/93}
The Finance Director reiterated her request for a
full-time temporary position.
TAPE II - SIDE I (9:00 p.m.)
MOTION by Freeland/Oberbeck
I make a motion that we approve the funding for a
full-time temporary Account Clerk II from October 1,
1993 to January 31, 1994.
l0
Regular City Council Meeting
September 8, 1993
Page Eleven
16.
17.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Coru~ - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
,~NTRODUCTION O__F~rEW ~USIN~SS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
None.
Being no further business, Mayor Powell adjourned the
regular meeting at 9:05 p.m.
Approved at the
Meeting.
, 1993, City Council
Lonnie R. Powell, Mayor
Kathryn M. 0'Halloran, CMC/AAE
City Clerk
11
City of. Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, SEFFF. MBER 15, 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:
Mayor Powell called the Special Meeting to order at
7:00 p.m.
The Pledge of Allegiance was recited.
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
Utilities Director, Richard Votapka
Deputy City Clerk, Sally Maio
Special City Council Meeting
September 15, 1993
Page Two
4. PUBLIC HEARING
93.263 A.
Ascertain Whether GDU ~ and Sewer Facility
Ao~uisition is in th9 ~ublic ~ - In
Accordance with 180.301 FS ~F$ ~80.301)
Mayor Powell opened the public hearing at 7:03 p.m.
Mrs. Corum proposed an agenda modification to allow
people to sign up subsequent to hearing the proposal
for purchase. The City Attorney said there will be
a public hearing next Wednesday on a proposed
agreement if the city finds the purchase in the
public interest.
The Finance Director said the intent of this hearing
is to follow FS 180.301 (see attached), to hear a
presentation by Hartman and Cloud, take public input
and then state City Council's intent in regard to the
purchase.
Harold Schmidt, Hartman & Associates, Inc.
reiterated the consultants' recommendations on each
of the eleven criteria as required by 180.301 FS and
as presented in the Hartman and Associates, Inc.
Public Briefing Document.
Joseph Scarpa, 124 Englar Drive, Sebastian; Ed
Miquelon, Sebastian; Tom Collins, 9301 A1A, Suite 4,
Veto Beach; A1 ¥ilardi, 445 Georgia Boulevard,
Sebastian; Clay Price, 12430 Roseland Road,
Sebastian, addressed city Council.
Harold Schmidt, Hartman & Associates, responded to
public concerns relative to the purchase price and
gave a brief negotiation history.
TAPE I - SIDE II (7:50 p.m.)
The Finance Director and Utilities Director gave
brief presentations relative to the acquisition.
The Finance Director recommended that acquisition is
in the best interest of the citizens of Sebastian.
Mayor Powell closed the public hearing at 8:05 p.m.,
called recess and reconvened the meeting at 8:20 p.m.
Special city Council Meeting
September 15, 1993
Page Three
Each city Council member offered his/her
recommendation on-t-he proposed acquisition.
Tom Cloud, Special Counsel, addressed City Council
on a previous offer made by the city, accepted by
GDU and then turned down.
MOTION by Oberbeck/Corum
I would move ~o authorize the Acting City Manager
to notify GDU of the intent to purchase by the City
of Sebastian the Sebastian water and sewer system
currently owned by GDU but not pursuant to section 16
of the franchise agreements.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
93.234
MOTION CARRIED 5-0
OTHER SPECIAL MEETING ITEMS
A. ~obert ~ Settlement ~_~ (Backup to
yollowl
Robert McClary addressed City Council and stated, for
the record, that it is in the best interest of all to
proceed with the settlement agreement.
TAPE II - SIDE I (8:54 p.m.)
The city Attorney advised that a motion be made to
reinstate Mr. McClary.
MOTION by Oberbeck/Freeland
I would move that we reinstate Mr. McClary and
lift his suspension at this time.
Mrs. Corum commended Mr. McClary for his
accomplishments.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
3
Special City Council Meeting
September 15, 1993
Page Four
93.183
MOTION by Oberbeck/Corum
I would move that we accept the resignation of
Mr. Robb McClary as City Manager effective August
25th, and enter into the settlement agreement,
authorize the Acting City Manager, Attorney and
.Finance to enter into the settlement agreement.
The Acting City Manager noted that the agreement is
as presented to City Council with paragraphs 11 and
12 stricken.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
The Finance Director requested that the proposed
purchase of the Julian property be added to this
agenda.
MOTION by Oberbeck/Corum
I would move that we add the item as presented by
the City Finance Manager to the agenda as item 5 C.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Ratify ~/18/93 Special Meeting Motion Re: ~
Rate ~ncrease ~xtension lCit¥ Clerk Transmittal
dated 9/9/93 w/ attachment)
MOTION by Coru~/Oberbeck
I make a motion that council closes this public
hearing for thirty days and then come back and
deliberate and make a decision and then set it for
September 1, 1993.
4
Special City Council Meeting
September 15, 1993
Page Five
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Cort~m - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Discussion on methods to recruit management was
scheduled for the October workshop.
C. Julian Property
The City Attorney reported on the directive from
First Union Bank that it needs a definitive agreement
with the city by September 28, 1993 or it will
.proceed with foreclosure and requested direction from
City Council.
City Council discussion followed.
MOTION by Oberbeck/Corum
I would move that we authorize staff to continue
negotiations with First Union Bank with regard to the
Julian property.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - nay
MOTION CARRIED 4-1 (Powell - nay)
Mayor Powell adjourned the Special Meeting at 9:20
p.m.
Approved at the
Meeting.
, 1993, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-93-45
Kline Vacation of Easement
APPROVED FOR SUBMITTAL BY:
ita ~ C
y Ma nag er "~. '/~ _~'~/~ ~
) Agenda No.
Dept. Origin City Clerk
Date Submitted 9/16/93
For Agenda Of 9]22/93
Exhibits: R-93-45
City Engineer
Memo dated 9/1/93
Application
Survey
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED:
SUMMARY
An application for vacation of easement was submitted by Earl and
Hilda Kline of 869 George Street (Lot 22, Block 176, Unit 6,
Sebastian Highlands) on August 30, 1993.
Letters were sent to the appropriate utilities and no objections
have been received thus far. The City Engineer approves the
vacation as requested so long as no improvements such as utility
sheds or fences impede the city's access for future maintenance
to the Collier Waterway.
RECOMME~ED~ ACTION
Move to adopt Resolution No. R-93-45 in accordance with the City
Engineer's recommendation.
~I~SOLI~ZO~ No. ~-93-45 ·
~ ~EBOL~/ON OF ~ czTY OF BEB~TZ~ Z~Z~
CO~Y, FLORZD~ ~TZ~G, ~OLZBHZNG, ~ONZNG,
DZBCO~Z~ZNG THE ~BT FZ~ FEET OF THE ~T
~O~ P~LZC ~ZLZTY ~ D~Z~GE ~~ OF L~ 22~
PL~T THEREOF, RECORDED ZN PB'r 5-97, PUBLZC RECORDB OF B
~~ ~ CO~Y, F~ORID~; PROdDiNG FOR ~EP~ OF
I
~EBOL~ONB O~ ~TB OF ~EBO~ZONB IN CO~LI~
~~~; PROVZDZNG FOR ~EOO~ZNG; ~ PROVZDZNG ~OR ~
EFFE~Z~ D~TE.
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 west five feet of the east twenty foot public
utility and drainage easement of Lot 22, Block 176,
Sebastian Highlands Unit 6, according to the plat
thereof, recorded in PBi 5-97, Public Records of Indian
River County, Florida.
All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
This resolution shall be recorded in the public records of
Indian River County, Florida.
S~CTIO~XY
This resolution shall be in full force and effect
i~mediately upon its passage.
The foregoing Resolution was
by the City Council of Sebastian,
, 19 ·
duly passed and adopted
Florida, this day of
CITY OF SEBASTIAN, FLORIDA
, by:
ATTEST:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(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~ pQwell and
Kathrvn ~. D'.HalloraD 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
!
City of Sebastian I
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
September 1, 1993
TO:
FROM:
RE:
Kathryn M. O'Halloran
City Clerk
Daniel C. Eckis, P.~
City Engineer/Public~rks Director
Partial Abandonment of Rear Easement Lot 22, Block 176
Sebastian Highlands Unit 6, Mr. and Mrs. Earl Kline
I have reviewed the request for abandonment of the west 5 feet of
the east 20 foot drainage and utility easement of the above
referenced property. Based on field inspection report of August
31~ 1993, I would allow the partial abandonment as requested;
with the stipulation that access to the Collier Waterway not be
closed off by improvements such as utility sheds or fencing that
would obstruct the City's access right should it become necessary
for future maintenance.
CITY OF SEBAETIAN
APPLICATION FOR VACATION OF ~ASENENT(g)
(This request shall no b__e acteD.ted unless completed i~ fu11~
· ndivtduel, corpbra~ton~ etc.'- If co~ore~lon a~
~eal below
LEGAL DESCRIPTION OF REAL PR0PER~ ON ~I~ EAS~E~ EXISTS:
(Attac~ description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in ~y Building Official)
T PE oF EASEM T: dro.
APPROXIMATE SIZE OF EASEMENT: ~0 feet in length ~O in width
(Explain in d~tail your oecd to release this easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement ! request to vacate exists, or I am author/zed
to present this request to vacate by the owner of the real
property.
Sign~d~(titt~, i~ any) Date
Please Prin~ Nasa ~ere
( ) 2.
(N/A}
( ) S.
(N/A)
( ) 4.
(N/A)
( ) 5.
Attach hereto the following:
( ) 1. Map, plat, survey, or clear drawing at least 8
showing the parcel of land on which the easement exists,
with parcel(s) of lend adjacent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided shove for the description.
Written authorization of the owner of the parcel Of land
on which the easement exists if the applicant is not the
owner.
( ) 6.
IF IT 15 NECESSARY TO ORANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office Of the City Clerk. This application fee is not
refundable. The fee is $25.00. ~. CaS~ ~o~b-~% ~
OTHER:
Date Received by the Office of the City Clerk
By:
file: aban.app
: LAT OF URVEY
( ~ O Z L / 6'~ /4/,~ T Z'-~' /a',m Y ,o /_ ,4 7- 7',~- z~ SD' p'Y /Z) E' //
LOT 22, BLOCK 176,"$BBASTIAN IIIOlILA#DS U~IT
according to tire Plat thereof es recorded l~ Plat
Book ~, Ps~e 97, PublJc Records of Indian River
Co. Flu.
BOUNDANY SU[{EY ~ITI{ IMPBOYEMENT$
93-1407
r4,u a,~ N. 110/11
LOT ~
Parcel lies in Sec. 13 , T~p. 31 $., ~nA. 38
GOT CO#TAI#S tO,OOO.OOequate rest o~ 0.23
acres ,more or l~e.
I. B~artngs based o~* Kecor~ Plat i l.e
shou. on nbo.e sketcl, of sur.ey, i.dlcoted
2. l.ocntJo, o[ u.derRround utilities
under~roufld foundations are not 8bstracted
ami hs~e not been loe~t.d ~s part o[ this
3. Property eituated in FGO0~ ZONE
~ccording to ~I{N NAP of IHDIAH ~I{[R CO.,
Florlds, wsp number 12061CO076E.
(NATIO~Ah OEODgTIC Vg~TICAL BATUR),1929.
~. This sur~ey roe prepared ~ltito. t benefit
subject property.
~ 7129193 ~~~f~
AHERON tIOflBS,INC.
City of.Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~n FAX (407) 589-5570
SUBJECT: Engineer/Public ) Agenda No. 7C~.,~0!
Job Description Dept. Origin ENG/PW
)
Approved for Submittal By:
) Date Submitted 09-10-93
)
) For Agenda of 09-22-93
)
) Exhibits: Job Description
) Resolution R-93-47
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
During the budget workshops the City Council agreed to allow a
classification for Engineering/Public Works Technician. The job
description for that position is attached and requires your
approval. The position requires a diversity of job knowledge
both in the office and in the field. This will assist the City
Engineer/Public Works Director to organize the Department and
increase productivity. The Resolution approving this job
description is attached.
RECOMMENDED ACTION
Move to approve Resolution R-93-47 Engineering/Public Works
Technician job description.
aESOLUTION NO. ~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF ENGINEERING/PUBLIC NORKS TECHNICIAN;
PROVIDING FOR INCLUSION OF SUC~ JOB DESCRIPTION IN THE
CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES;
~ROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED by the City Council of ~he City of Sebastian,
Indian River County, Florida, as follows:
~ ~. The job description for the classification of
Engineering/Public Works Technician, attached hereto as Exhibit
"A" is hereby adopted.
S~CTION ~ The City Clerk is hereby directed to supply a
copy of this job description to the Mayor and members of the City
Council and all department heads for inclusion in the Standard
Operating Procedures for the City. The City Clerk shall note the
number and date of this Resolution on said job description.
SECTION 3. All Resolutions or
conflict herewith are hereby repealed.
parts of Resolutions in
SECTION 4. This Resolution
1, 1993.
shall take effect on October
The foregoing
Counci lmember
Councilmember
vote was as follows:
Resolution
and,
was moved for adoption by
The motion was seconded by
upon being put to a vote, the
Mayor Lonnie R. Powell
Vioe Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 19 .
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form
and Content:
Charles Ian Nash
City Attorney
ENGINEERING/PUBLiC WORKS TECHNICIAN
~a~ or, Fu.nct~.ons
This is a responsible administrative staff position competent in
technical engineering, drafting and design. In addition, this
position must be familiar with the operation of heavy equipment and
must possess supervisory skills. This is a para-professional
positio~ working under the general direction of the City
Engineer/Public Works Director.
Illustrative Du%ies
1. Operates all types of heavy equipment, including, but not
limited to: front end loader, backhoe, grader and bulldozer.
2. Makes changes in the field to solve engineering problems.
3. Assists in organizing and directing all work done by the Public
Works Department on a daily basis.
4. Works closely with the Public Works staff to insure quality and
consistency of all work performed.
Supervises and directs paving and drainage crews concerning
elevations and right of way locations.
6. Handles all field layout work for special City improvements'and
park projects.
Performs field inspections of City and Commercial Site Plans
prior to Certificate of Occupancy.
Designs and draws site layout plans, paving, drainage, sewer
and water, landscaping and other plans.
Performs calculations for horizontal and vertical control
required to build roads.
10. Evaluates drainage and other problems to determine the most
feasible solution to a problem.
11. Checks records of property ownership for use in writing legal
descriptions, giving information to the public or determining
cost estimates for road construction.
12. Serves as a project coordinator for special projects.
13. Performs other duties as required.
MINIMUM QUALIFICATIONS
Knowledqe, Abilities and Skil%s
Ability to communicate clearly and concisely both orally a~d in
writing.
2. Ability to utilize auto cad and other design software.
3. Ability to tactfully deal with the public.
5. Ability to supervise and delegate work.
6. Knowledge of basic engineering principals and drainage
problems.
7. Basic knowledge of drafting and math proficiency.
Educatior~ andf ~xDer/~n~e
Graduation from high school or equivalent certification and
five (5) years of progressively responsible work experience in
a public works/engineering office with limited supervisory
experience or an equivalent combination of formal education
and at least three (3) years working experience.
DOC/engineering
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
FAMILY AND MEDICAL LEAVE OF
ABSENCE POLI'CY
A_~.~TPROVED FOR SUBMITTAL BY:
Clty Manager-~/.~ ~r')/~t4~...
AGE. DA NO. .2gL
Dept. Origin PersoDnel~
Date Submitted 9[14/~.3.
For Agenda Of
Exhibits:. F~.L.A.
· POLICY
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED: N/A
SUMMARY ~ATEMENT
The Family and Medical Leave Act of 1993 requires employers with 50
or more employees to provide up to a total of 12 workweeks of leave
during a 12-month period for employees to take care of a newborn or
adopted child, or due to a serious health condition to care for an
immediate family member or the employee him/herself. This policy
complies with the federal legislation and clearly outlines to
management and employees what their rights are under the policy.
This policy will go into effect October 1, 1993, the date the
C.W.A. contract expires and will apply to F.O.P. and non contract
employees as well.
RECOMMENDER. ACTION
Review and adopt Resolution No. R-93-48, the Family and Medical
Leave of Absence Policy, for incorporation into the Standard
Operating Procedures.
RESOLUTION NO. R-93-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A FAMILY AND MEDICAL LEAVE POLICY;
PROVIDING FOR THE INCLUSION OF SUCH POLICY IN THE CITY OF
SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian needs a policy that clearly
states the responsibilities of management, supervisors and
individual employees as relates to the Family and Medical Leave
ACT.
WHEREAS, the policy is necessary to comply with the Family
and Medical Leave Act, as passed into law on February 5, 1993.
WHEREAS, the City of Sebastian needs to let employees know
what
their rights are under this law before it goes into effect.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Sebastian, Indian River County, Florida, as follows:
SECTION I. The City of Sebastian Family and Medical Leave
of Absence Policy, attached hereto as Exhibit "A" is hereby
adopted.
SECTION II. The City Clerk is hereby directed to supply a
copy of this policy to the Mayor and members of the City
Council and all department heads for inclusion in the Standard
Operating Procedures for the City. The City Clerk shall note the
number and date of this Resolution on said policy.
SECTION III. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
SECTION IV. This Resolution shall take effect immediately
upon i%s adoption.
The foregoing Resolution was moved for adoption by
Councilmember
Councilmember
vote, the vote was as follows:
. The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember 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
Approved as to Form and Content:
Chalres I. Nash, City Attorney
City of. Sebastian I
POST OFFICE BOX 780127 E SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 1
,- FAMILY AND MEDICAL LEAVE OF ABSENCE POLICY I
A Family or Medical Leave of Absence shall be defined as an
approved absence available ~o all eligible employees for up to 1
twelve (12) weeks of paid or unpaid leave per year under particular
circumstances that are critical to the life of the immediate
family. Leave may be taken: for ~he birth of the employee's ~hild; 1
for the placement of a child with the employee for adoption or
foster care; when the employee is needed to care for a child,
spouse, or parent who has a serious health condition; or when the
employee is unable to perform the functions of his/her job because
of a serious health condition. Such leave may. be taken
intermittently, as a reduced work week, or as a consecutive 12-week
period depending on the circumstances. 1
ELIGIBILITY I
All regular full-time and part-time employees are eligible.
Temporary or seasonal employees are not eligible. Eligible
employees must have been employed by the City for at least twelve
(12) months AND worked for the City at least 1250 hours during the
previous 12-m°nth period. The only exception to this policy may be
Department Heads, if keeping the job open would result in
substantial economic injury to the City.
REASONS FOR LEAVE I
Eligible employees may take this leave for the following ~easons:
1. to care for.the employee's child upon birth or upon
placement of a child for adoption or foster care with the
employee; I
2. to care for the employee's parent, spouse, or child with
a serious health condition; or
3. when an employee is unable to Work because of the
employee's own serious health condition. ·
~OTIFICATION ,AND, REPOR~IN~ REQUIREMENTS
When the need for family or medical leave is determined, the
employee must provide reasonable prior notice, generally 30 days,
and make efforts to schedule such leave so as to not disrupt normal
operations. Employees must have a doctor's note to support a claim
for the leave and the time needed to be off. The city may require
another opinion (at the City's expense), and will require monthly
doctor's notes of the employee's health condition and will require
a fitness for duty report prior to an employee returning to work.
~ENKFITS DURING, LEAVZ
Employees taking a leave under this policy are entitled to receive
health benefits during the leave at the same level and terms of
coverage as if they had been working throughout this leave.
Employees with dependent coverage must continue to pay for
dependent health insurance while on leave.
Taking this leave will not result in the loss of any employment
benefit that accrued prior to the start of this leave. Employees
must first use any accrued vacation or sick leave, personal days
and compensatory time before they can go into an unpaid leave
status.
RET,URN TOWORK
Employees returning to work under this policy will be placed in the
same or equivalent position with equivalent pay, benefits and other
employment terms and conditions as they had before they went out on
leave. This does not give an employee greater rights to
reinstatement than if the employee had been continuously employed
during the leave.
No employee will be allowed to return to work who has been out due
to personal illness without a doctor's note attesting to his/her
fitness to return to work.
DEFINITIQNS
12-MONTH PERIOD is measured from the date the employee first uses
this leave.
PARENT means the biological parent of an employee or an individual
who stood in the place of a parent when the employee was a son or
daughter.
SERIOUS HEALTH CONDITION means an illness, injury, impairment, or
physical or mental condition that involves:
1. any period of incapacity or treatment connected with
inpatient care in a hospital, hospice, or residential medical-
care facility;
2. any period of incapacity requiring absence of more than
five calendar days from work, school, or other regular daily
activities that also involves continuing treatment by (or
under the supervision of) a health care provider; or
3. continuing treatment by ('or under the supervision of) a
health care provider for prenatal care or a chronic or long-
,term health condition that is so incurable or so serious that,
if not treated, would likely result in a period of incapacity
of more than five calendar days.
SON OR DAUGHTER means the biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person who stood in the
place of a parent, who is: under 18 years of age; or ~$ years of
age or .older and is incapable of self-care because of a mental or
physical disability.
SPOUSE means a husband or Wife. NOTE: When both a husband and wife
are eligible employees of the City and are entitled to this leave,
the aggregate number of work weeks of leave to which both may be
entitled may be limited to 12 work weeks during a 12-month period.
I City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
I TELEPHONE (407) 589-5330 rn FAX (407) 589-5570
SUBJECT: Crime Scene Technician/) Agenda No.
Evidence Technician
Approved for Submittal By:
) Dept. of Origin: Police Dept (DJP)
)
) Date Submitted: 9/15/93
)
) For Agenda of: 9/22/93
)
) Exhibits:
) - Resolution R-93-49
) - Job Description
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED: N/A REQUIRED: N/A
SUMMARY STATEMENT
During the fiscal 1993-94 Police Department proposed budget a new
Job Description for the position of "Crime Scene
Technician/Evidence Technician" for the Sebastian Police
Department was submitted. The Crime Scene Technician/Evidence
Technician will be a sworn position located in the Police
Department. This individual will receive all evidence and act as
property custodian in addition to assisting other members of the
Department and Detective Division with varied sundry duties.
RECOMMENDED ~CTION
Move to adopt Resolution R-93-49 adopting a job description for
the position of Crime Scene Technician/Evidence Technician.
RESOLUTION NO. R-93-49
A P~SOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF CRIM~
SCENE TECHNICIAN/EViDENCE TECHNICIAN; PROVIDING FOR INCLUSION
OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR
A~EFFECTIVE DATE.
BE IT RESOLF~D by the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
~ 1. The job description for the classification of
Crime Scene Technician/Evidence Technician, attached hereto as
Exhibit "A" is hereby adopted.
SECTION ~. The City Clerk is hereby directed to supply a
copy of this job description to the Mayor and members of the City
Council and all department heads for inclusion in the Standard
Operating Procedures for the City. The City Clerk shall note the
number and date of this Resolution on said job description.
SECTION 3. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
SECTION
1993.
This Resolution shall take effect on October 1,
The foregoing Resolution was moved for adoption by
Councilmember . The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of 19
CITY OF SEBASTIAN, FLORIDA
By:
Lonnie R. Powell, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE ' '
City Clerk
Approved as to Form
and Content:
Charles Ian Nash
City Attorney
SEBASTL N POLICE DEPARTNIE T
CR/ fE SCENE TECHNICiAN EVIDENCE TECHNICL %'
~This: is a sworn position located in the police department.
General job fu/~ctions include, bu= are not limited to:
A. ~vide_nce and prope~y custodian.
B. Main=enance of files, logs, reports, and other
documentation as required or as directed.
C. Repor~ and information dissemination.
D. Data entry and retrieval.
E. Crime scene processing..
F. Transporting evidence tO and from the crime lab,
coul-~, ere.
G. Giving court testimony and depositions.
Processing crime scenes (physically and through
photography) .
I. Film processing in the dark room.
Duties and ResDonsibi!ities
a. Receives property and evidence from officers and
maintains it in a secure area until
presentation, returned to owner, or is destroyed.
b. Maintains necessary paperwork.
c. The employee is required, when directed, to assist
other members of the depa~cment and Detective
Division wi~h varied and sundry duties.
d... May be required to appear in co~ and depositiohs.
e. MUSt be knowledgeable in processing crime scenes and
skilled in the use of pho~ographic equipment.
-21-
Mus= be able =o perform all func=ions associa=ed wi=h a
S~b~=ian police officer.
Mus= possess =he abili=y =o learn.
Mus= be able =o adag= =o changing work condi=ions.
Mu$= be able =o comm~/~ica'=e effec=ively bo=h verbally and in
writing.
Mus= be able =o in=erac= wi=h o~her$.
Mus= be able =o work effec=ive!y, efficien=ly and
-~upervision.
~us= have t_he abili~/ Uo main=ain high e=hic$.
and/or
Any ocher combina=ion of logical cri=eria as de=ermined by
=he Chief' of Police.
-22-
OC CUPATIONA.L C] :L CT RISTICS
DifficUlty:
This job consists of work situations which are
repetitive in nature.
Interpersonal
C~nd£tions:
The employee routinely talks, both in person
and by telephone, with individuals and groups
of.all socio-economic levels =o provide
ir~formation, and resolve problems of mutual
in~eres~ utilizing terminology and phraseology.
consistent with t_heir structure. The employee
works closely with other law enforcement
agencies, insurance companies, the various
coul~:s of jurisdiction and o~her
professionals.
Working
Conditions:
This classification requires the employee to
work a 40 hour work week wi~h a schedule
flexible to ~he needs of t. he department. Mos=
=asks are performed indoors in well lighted
conditions and appointed room~. The
repetitiveness of these tasks may occasionally
tend to cause T_he employee to become bored or
res=less: however, thhis job requires skill
and s~ric= attention to de=ail.
The employee receives generalized as well as
specific work assignments as needed, both from
immediate supervisors and other members of the
department. Their work is subjected to
continuous review by all members of t. he
department as well as the general public.
U]t[NG PREREQUISEFES
Must be a satisfactory police officer off ~robationary
status.
Must have demonstrated an acceptable level of knowledge in
work related functions.
Must have demonstrated an acceptable level of interest
enabling him/her ~o perform the duties.
be able to
perform all requirements of
this assignment.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-93-50
Price Airport Lease Agreement
APPROVED FOR SUBMITTAL BY:
Agenda NO. ~-/~
Dept. Origin city ~
Date Submitted 9/16/93
For Agenda Of 9/22/93
Exhibits: R-93-50
Revised Lease Agreement
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED:
~UMMARY STATEM~..,.~NT
The City Council, at its September 1, 1993 workshop, approved the
airport lease agreement for Clay Price with revisions as
recommended by the City Attorney and Airport Manager at that
meeting.
The. City Attorney and Airport Manager met for a final review of
the amended lease agreement on Wednesday, September 15, 1993.
The attached draft is the result of their agreement.
Hr. Price has received a copy of the revised lease agreement for
review.
RECONEME~ED ACTION
Move to adopt Resolution No. R-93-50.
RESOLUTION NO. R-93-$0
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORI'2ING THE CITY MANAGER AND CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT LEASE
AGREF2tENT ~ETWEEN THE CITY OF SEBASTIAN AND CHARLES
CLAY PRICE, PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLute. IONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed.Lease Agreement submitted by Charles Clay
Price, Individual, for zts approval, has determined that it is zn-
the best interest of the City to enter into the L~ase Agreement
with Charles Clay Price, whereby the City shall lease certain
real property located at the Sebastian Municipal Airport to
Charles Clay Price.
NOW, THEREFOREt BE ZT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~. AGREEMENT. The City Manager and the City Clerk
of the City of Sebastian, Indian River County, Florida, are
hereby authorized to sign, on behalf of the City, the proposed
Lease Agreement which is attached to this Resolution as Exhibit
"A" and by this reference is incorporated herein.
~ · CONFLICT.
resolutions in conflict
Ail resolutions or parts of
herewith are hereby repealed.
In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
~.ection 4. EFFECTIVE DATE. This Resolution shall take
immediately upon
foregoing Resolution was
effect its
The moved for
Councilmember .
seconded by Councilmember
being put into a vote, the vote was as follows:
adoption.
adoption by
The motion was
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
THIS LEASE, made and entered into this day of
1993, by and between the CITY OF SEBASTIAN, a municipal corporation
existing under the laws of the State of Florida, (hereinafter
referred to as the "Landlord,,), and Charles Clay Price,
~ ~ an
individual, maintaining his principal office and place of business
in 1623 U.S. ~1, Suite B-4, Sebastian, Florida, (hereinafter
referred to as the "Tenant"). The Landlord and the Tenant are
sometimes collectively referred to herein as the "parties,,.
WITNESSET~ :
WHEREAS, the Landlord is the owner of certain property located
in the County of Indian River County, Florida; and
WHEREAS, the certain property is being used for the operation
of the Sebastian Municipal Airport (hereinafter referred to as the
"Airport"); and
WHEREAS, the certain property is also available for use for
those activities consistent with or in support of aviation activity;
and
WHEREAS, the Landlord has agreed to lease such property to the
Tenant subject to certain terms and conditions consistent with or in
support of the current aviation use of such property; and
WHEREAS, the Tenant desires to lease the said property from the
Landlord, and to that end and in consideration of the premises, and
the covenants, terms and conditions to be performed as set forth
hereinafter; and
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter provided, the receipt and sufficiency of which are
hereby acknowledged, the parties have agreed as follows:
1. RECITALS. The above stated recitals are hereby
incorporated by reference in this Lease Agreement.
2. LEASED PREMISES. Subject to the terms and conditions set
forth hereinafter, the Landlord leases hereby to the Tenant and the
Tenant rents hereby from the Landlord that portion of the real
property of the Landlord which is described more particularly on
Schedule "A" annexed hereto and made a part hereof by reference
(hereafter referred to as the "leased premises").
3. TERM OF LEASE. The term of this Lease shall be for a
period of twenty (20) years commencing sixty (60) days after the
date the Tenant executes this 'Lease and will end on the twentieth
(20th) anniversary of such date. .~o ..long .as the Tenant is.not in
~efault .of any term. condition or covenant~Drovided in this Lease
Acreement, including any addendum hereto, the Tenant shall have the
~tion~renew this Lease for one (1) additional twenty (20) wear
term (the "option TermS!) bY Providing the Landlord with written
notice of the Tenant's decision to exercise his cDt/on no
one hundred eighty (180) da~s and no more than two huD~red ten
daws prior to the expiration of the initial~ term of this Lease. All
other provisions of this Lease Acreement shall aPplY durinc the
option Term; provided, however, the yearly rent durinc the Option
less than
Term shall be in an amount determined bv the Landlord bv and through
the City Council of the City of Sebastian, includinc the method for
calculating annual adjustments thereto.
4. ~. The parties agree that the rent, payable by the
Tenant, during the term of this Lease shall be as follows:
(a) For the leased premises the yearly rent shall be one
thousand two hundred dollars ($1,200.00) per acre. The Landlord
recognizes that the purchasing power of the United States dollar is
evidenced by the United States Department of Labor, Bureau of Labor
StatiStics, Index of Consumer Prices. In July of 1996, 2001 and
every five years thereafter the Landlord will compare the base price
index for December of 1991 and the yearly rent amount shall be
increased (or decreased) on December 1, 1996, and every five years
thereafter in the same proportion as said July index has increased
(or decreased) over (or under) the price index for December, 1991,
or for December, five years earlier. In no event, however, shall
the rent decrease below the sum of $1,200 per acre.
(b) In addition to the rental amount, the Tenant shall
pay Florida sales tax, if applicable.
(c) The above rental for the leased premises shall be
payable in advance, in monthly installments, commencing from the
date of commencement of this Lease, as described in Section
(above) and on a like day of every month thereafter during the term
of this Lease.
5. FUEL FLOWAGE
(a) In addition to the rent due hereunder, the Tenant and
any sublessee of Tenant, shall also pay to the Landlord the
following sums, which shall not be rent for the leased premises, but
shall be collected by the Landlord from the Tenant, and any
sublessee of the Tenants at the time of delivery at the Airport:
3
Two cents per gallon on all aviation fuels delivered to
the Tenant, or to any sublessee of the Tenant, at the Airport (the
preceding charge per gallon shall be subject to change at any time
by Landlord as determined by resolution of the City Council of
Sebastian. Such change shall become effective immediately upon
delivery of written notice thereof to Tenant).
· , (b) The Tenant and any sublessee of the Tenant shall
furnish to the Landlord written detailed monthly statements showing
the total amount of aviation fuels delivered to the Tenant, or any
sublessee of the Tenant, at the Airport. Said statements shall be
furnished no later than the 15th day of each month during the time
force. The Tenant agrees, both on behalf of
this
Lease
shall
be
in
itself and any sublessee of the Tenant, that said amounts may be
collected by the Landlord from %he Tenant, or any sublessee of the
Tenant, in the same manner as rent.
(c) The monthly statements referred to in the foregoing
subparagraphs pertain only to operations conducted at the Airport
and exclude any operations of the Tenant, or any sublessee of the
Tenant, conducted at other locations.
(d) The Tenant, or any sublessee of the Tenant, shall
further retain upon the leased premises all delivery bills, invoices
and related records pertaining to all aviation fuels delivered to
the Tenant, or to any such sublessee, and shall produce and make
available such books and records upon request by the Landlord for
the purpose of auditing payments to the Landlord as provided ·
hereinabove. Such books, records and other documents shall be made
available for inspection to representatives of the Landlord within
!5 days of written notice to the Tenant or any sublessee of the
4
Tenant. If said inspection reveals that payments to the Landlord
are in error, by more than 2%, then Tenant shall pay the additional
amount owing to Landlord plus all costs of said inspection.
6. ~MPROVEMEFTS TO ~H~...PREM~SE$. The Landlord acknowledges
that the Tenant is leasing the premises for the purposes described
in Paragraph 7 below, and that in order to utilize the leased
premises for this purpose, it will be necessary to erect thereon a
building and other improvements, to be constructed by the Tenant
upon the leased premises at the Tenant's sole cost and expense and
to comply with all applicable rules, laws, regulations and
requirements pertaining thereto.
(a) The Tenant shall have the right to use the leased
premises for any lawful purpose associated with the use of aircraft
and/or an airport to the extent described in Section 7 hereof, and
shall have the right to construct upon the leased premises any
buildings or other structures that may be proper for such use,
provided any such buildings or structures do not in any way curtail
the use of the airport facilities in their usual operations and
provided further that any such buildings or structures are
approved, in writing, by the Sebastian City Council and the FAA
prior to commencement of any construction. The Tenant covenants and
agrees that all such construction shall be in accordance with the
local and state codes, regulations and requirements as well as in
accordance with all requirements of the Federal Aviation
Administration ("FAA").
(b) The Tenant shall indemnify, defend and hold the
Landlord harmless from any claims, losses, damages or liens arising
out of the construction of any such buildings or structures.
5
(c)
termination of this Lease for any reason, become the sole property
of the Landlord without any further consideration from Landlord to
Tenant. In order to confirm sole ownership in the Landlord, the
Tenant shall, at Landlord's request, execute any and all documents
All improvements to the leased premises shall, upon
of transfer which Landlord deems neoessary to perfect title to said
improvements. The Tenant agrees that all improvements shall, upon
the termination of this Lease for any reason, be free and clear of
all encumbrances, liens, and title defects of any kind.
(d) In the event the Tenant is prohibited from obtaining
a building permit or license to construct the improvements described
below, within ninety (90) days from the date hereof, from the
appropriate governmental authorities having jurisdiction over the I
leased premises, for reasons not caused by and beyond the control of
the Tenant, this Lease shall be null and void and the Landlord and i
the Tenant shall have no obligation toward each other except as
otherwise provided herein. ~
(e) Attached hereto as Schedule "B" is a description of
all improvements to be constructed on the leased premises by Tenant,
including the date of commencement and completion required for each
improvement. In the event that such improvements are not commenced
on the applicable date set forth in Schedule "B", and thereafter
completed on the applicable date set forth in Schedule "B", Landlord
shall have the option to terminate this Lease and have no further
obligations to Tenant hereunder. Such option shall be exercised
within a reasonable time by written notice to Tenant.
6
7. USer, LEASED PREMISES. The Tenant agrees that no use of
the leased premises will be conducted in such a manner as to
constitute a nuisance or a hazard and that, in connection with the
use of the leased premises, the Tenant will observe and comply with
all applicable laws, ordinances, orders and regulations prescribed
by lawful authorities having jurisdiction over the leased premises.
The ~nant agrees that the leased premises shall be used by the
Tenant solely for the following purposes or uses:
The operation of aviation facility including a ~rachu~e center,
mai~tena~.oe oRerati~n~ ~nd an anro~...area. The following activities
shall be allowed when city approved facilities are oonstructed.
aircraft hangars, . aircraft parking facility an~ fuel ~rm.
Any use of the leased premises other than those specifically
stated above are expressly prohibited. No other use may be
conducted by the Tenant without the express written consent of the
Landlord. Such consent may be withheld by the Landlord for any
reason.
8.
obligated
REPAIRS AND ALTERATIONS. The Landlord shall not be
to maintain or repair the leased premises or any
improvements located or any part hereof thereon during the lease
term or any renewal thereof.
The Tenant agrees, at its sole cost and expense, to maintain
all of the improvements, including, but not limited to, buildings
(and all parts thereof) and the parking and service areas located on
the leased premises, in a good state of maintenance and repair and
to keep the leased premises in a clean, neat and orderly condition
in accordance with local ordinances, including but not limited to,
the Sebastian Land Development Code and all other community
standards ordinances.
Upon obtaining the prior written consent of the Landlord, which
consent may be withheld for any reason, the Tenant, upon completion
of the original improvements, at its sole cost and expense, may
erect such additional improvements on the leased premises as it
deems appropriate and may make such alterations or major renovations
to the existing improvements as it deems appropriate, provided,
however, that such alterations or renovations shall not disturb the
structural integrity of such existing improvements, and provided ·
that the alterations or renovations shall comply with all applicable
governmental regulations. I
The Tenant shall indemnify, defend and hold the Landlord
harmless from .any claims, losses, damages or liens arising out of or I
in any way connected with such additions or renovations.
9. .Q?TILITI.ES. The Tenant shall be responsible for all costs
of electricity, lights, water, sewer, heat, janitor service or any
other utility or service consumed in connection with the leased
premises. The Landlord shall have no liability for the failure to
procure or the interruption of any such services or utilities.
10. SIGNS. The Tenant shall have the right to erect and
maintain such sign or signs on the premises as may be permitted by
applicable law; provided, however, the Landlord must approve any
such signs in writing prior to erection. The Landlord may impose
any reasonable restrictions as, in the sole discretion of the
Landlord, are deemed necessary.
11. TAXES. The Tenant shall pay during the Lease term all ad
valorem taxes, assessments or any other governmental charge levied
or assessed against the leased premises (including the Tenant's
leasehold by the appropriate governmental authorities), together
with all ad valorem taxes assessment or other governmental charge
levied against any stock of' merchandise, furniture, furnishings,
equipment and other property located in, or upon the leased
premises. All .shall be paid by the Tenant on a timely basis and
receipts therefor shall be provided to the Landlord upon request.
12. INSURANCe. The Tenant shall provide and keep in force, at
its own expense, during the term of this Lease, public liability and
property damage insurance coverage with respect to the leased
premises, including those portions of the said premises used for
driveways, walkways, and parking areas. The insurance coverage to
be maintained by the Tenant shall contain limits of not less than
$500,000.00 for injury or death'of any one person and $1,000,000.00
for injury or death for any one accident, together with $500,000.00
for damage to property. (Tenant agrees that Landlord may alter the
minimum amounts stated in the preceding sentence during the term of
this Lease by resolution of the City Council of the City of
Sebastian. Landlord will give written notice of any such change to
Tenant, and such changes will take effect immediately.) Any policy
or policies of insurance required pursuant to this Lease shall be
issued by one or more insurance companies authorized to engage in
business in the State of Florida and which have a rating of at least
A+ by A.M. Best and Company and at least an AA rating by both
Moody's and Standard and Poors. The Tenant shall supply the
Landlord with a certificate of such insurance with evidence of the
payment of the premium thereon. Ail policies described in this
Section 12 shall contain a clause preventing cancellation of any
9
coverage before thirty (30) days written notice to the Landlord and
shall name the Landlord as an additional insured. Upon the request
of the Landlord, the Tenant shall provide copies of said policies to
the Landlord.
13. FIRE ~D EXTENDED COVERAGE INSURANCE. The Tenant shall,
at its sole cost and expense, procure and keep in effect such
standard policies of fire and extended coverage insurance as the
Landlord deems necessary and appropriate. Upon request, the Tenant
shall provide to the Landlord a certificate of such insurance with
evidence of the payment of the premium therefor. The Landlord shall
have no obligation to keep the buildings and improvements on the
leased premises insured nor shall the Landlord have any obligation
to insure any personal property used in connection with the leased
premises. Any policy or policies of insurance required pursuant to
this Lease shall be issued by one or more insurance companies
authorized to engage in business in the State of Florida and which
have a rating of at least A+ by A.M. Best and Company and at least
an AA rating by both Moody's and Standard and Poors. All policies
described in this Section 13 shall contain a clause preventing
cancellation of any coverage before thirty (30) days written notice
to the Landlord and shall name the Landlord as an additional
insured. Upon the request of the Landlord, the Tenant'shall provide
copies of said policies to the Landlord.
14. DAMAGE_..DR DESTRUCTION OF IMPROVEMENTSBY_.FIRE OR OTHER
~ASUALTY. In the event the building and/or other improvements
erected on the premises are destroyed or damaged by fire or other
casualty, the Tenant, at its option, agrees that it will cause said
building and/or other improvements to be replaced or said damage to
be repaired as rapidly as practicable. The Landlord may abate the
Tenant's rent for the period of time more than 80% of the principal
building, if any, is unusable. In the ewent the Tenant elects to
repair and/or replace the building and other improvements on the
leased premises, the Landlord shall hawe no claims against any
insurance proceeds paid to the Tenant on account of such damage
and/or destruction nor shall the Landlord have any responsibility or
obligation to make any expenditures toward the repair and/or
replacement of the building and other improvements on the leased
premises. Provided, however, that all repaired and/or replaced
building and other improvements are repaired/replaced in a manner
equal to or better than the building/improvement being repaired or
replaced.
(a) If the Tenant,' under its option, elects not to
repair and/or replace the building and improvements upon the
leased premises, the Landlord shall have two options:
1. To continue to Lease; if the Landlord elects to
continue the Lease, the Landlord shall be entitled to any
of the insurance proceeds on account of such damage and/or
destruction, such proceeds to be the sole property of the
Landlord; or
2. To cancel the Lease; if the Landlord elects to
cancel the Lease, the Landlord shall be entitled to that
portion of the insurance proceeds paid as a result of such
damage and/or destruction to the building and other
improvements on the leased premises, the Tenant shall be
entitled to the remainder, if any, of the insurance
proceeds.
11
(b) In the event the Tenant, under its option, elects not i
tc repair and/or replace the building and improvements upon the
leased premises, the Tenant shall, at its sole expense, remove all i
remaining portions of the damaged or destroyed building and
improvements and all rubble or debris resulting therefrom. I
15. ~NDEMNIFICATION. The Tenant agrees hereby to defend,
inde~ify and save the Landlord harmless from any and all actions,
demands, liabilities, claims, losses or litigation arising out of or
connected with the Tenant's occupancy or use of the leased premises
and ~he use of the leased premises bY tenant's agents, emDloYees~
and inviteesj including all attorney's fees incurred by the Landlord
in defending any such claims. This Section 15 shall survive the
termination or cancellation of the Lease.
16. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to
indemnify, defend and hold the Landlord harmless from and against
any and all claims, lawsuits, losses, liabilities, damages, and
expenses
(including, without limitation, clean-up costs and I
reasonable attorney's fees) resulting directly or indirectly from,
out of or by reason of (i) any hazardous or toxic materials,
substances, pollutants, contaminants, petroleu~ products,
hydrocarbons or wastes being located on the property and being
caused by the Tenant or its sub-Tenants. This Section 16 shall
survive the termination or cancellation of the Lease.
17. PREVENTION OF USE OF THE PREMISES. If, after the
effective date of this Lease, the Tenant is precluded or prevented
from using the leased premises for those specific purposes
identified in Section 6 of this Lease, by reason of any zoning law,
12
ordinance or regulation of any authority having jurisdiction over
the leased premises and such prohibition shall continue for a period
in excess of ninety (90) consecutive days, the Landlord may allow
the Tenant to terminate this Lease. The right to terminate this
Lease must be granted by the Landlord, in writing, before the Tenant
shall be released from its obligations under the terms of this
Lease.
18. LANDING FEES. Landing or any other type of use of runway
fees are specifically prohibited by this Agreement, so long as all
other tenants of the property owned by the Landlord located at the
Airport are prohibited from charging any such fees, as the use of
the Airport is for the general public. Nothing in this Lease shall
act to prohibit the Landlord from charging such fees as it deems
necessary or desirous. ~ .
19. ~OVERNMENT S~IZUR~. In the event the United States
Government, or any agency or subdivision thereof, at any time during
the term of this Lease takes over the operation or use of the
airfield and/or Airport which results in the Tenant being unable to
operate under the terms of the Lease, then the Lease may be extended
upon mutual agreement of the Tenant and the Landlord for an
additional period equal to the time the Tenant has been deprived of
the value of this Lease. If the duration of the seizure exceeds
ninety (90) consecutive days, the Landlord, at the Landlord's sole
discretion, may terminate this Lease.
20. EMINENT .DOM~..IN. If all or any part of the leased premises
shall be taken under a power of eminent domain, the compensation or
proceeds awarded for the taking of the land, building and/or
improvements on the leased premises shall belong to the Landlord.
13
If the taking is to such an extent that it is impracticable for
the Tenant to continue the operation of its business on the leased
premises, the Lease, at the option of the Landlord, may be
terminated.
Nothing herein shall prevent the Landlord and/or the Tenant
from seeking any and all damages sustained from the condemning
authority by reason of the exercise of the power of eminent domain.
21. ~EFAULT BY TENANT. As used in this Lease, the term,
"event of default", shall mean any of the following:
(a) The failure of the Tenant to fulfill any duty or
obligation imposed on the Tenant by the Lease;
(b) The appointment of a receiver or the entry of an ~
order declaring the Tenant bankrupt or the assignment by the Tenant
for the benefit of creditors or the participation by the Tenant in
any other insolvency proceeding;
(c) The Tenants failure to pay any consideration, to the
Landlord, required by this Lease;
(d) The taking of the leasehold interest of the Tenant
hereunder pursuant to an execution on a judgment;
abandonment of any substantial portion of
(e)
The
Tenants
the leased premises. "Abandonment" shall be determined by the
Landlord;
(f) The Tenant or any guarantor of Tenant's obligations
hereunder, filing a petition for bankruptcy or being adjudged
bankrupt, insolvent, under any applicable federal or state
bankruptcy or insolvency law, or admit that it cannot meet its
financial obligations as they become due, or a receiver or trustee
14
shall be appointed for all or substantially all of the assets of
Tenant or any Tenant's obligations hereunder;
(g) The Tenant or any guarantor of the Tenant's
obligations hereunder shall make a transfer in fraud of creditors or
shall make an assignment for the benefit of creditors;
(h) The Tenant shall do or permit to be done any act
which ~esults in a lien being filed against the leased premises or
the property which is not released of record within %hirty (30) days
of the date it is initially recorded in the Public Records of Indian
River County;
(i) The liquidation, termination, dissolution or (if
the 'Tenant is a natural person) the death of the Tenant or all
Guarantors of the Tenant's obligations hereunder;
(j) The Tenant fails for more than one hundred twenty
(120) consecutive days to continuously conduct and carry on in good
faith the type of business for which the leased premises are leased;
(k) The Tenant submits, more than two times during the
Lease term, a statement of aviation fuel sales that understates
actual such sales by five percent or more;
(1) The Tenant shall be in default of any other term,
provision or covenant of this Lease, other than those specified in
subparts a through k above.
Upon the happening of any "event of default", the Landlord may,
at its option, terminate this Lease and expel the Tenant therefrom
without prejudice to any other remedy; provided, however, that
before the exercise of such option for failure to pay rent or
failure to perform any condition imposed herein upon the Tenant, the
Landlord shall give written notice of such event of default to the
Tenant, which thereafter shall have thirty (30) days, from the date
notice is sent by the Landlord, within which to remedy or correct
such default, unless such default is the failure to pay rent, in
which case the Tenant shall have ten (10) days, from the date notice
is sent by the Landlord, within which to remedy such default byI
paying all rent due.
22. IDENTITY OF INTEREST. The execution of this Lease or the I
performance of any act pursuant to the provisions hereof shall not
be deemed or construed to have the effect of creating between the I
Landlord and the Tenant the relationship of principal
of a partnership or of a joint venture and the relationship between
them shall be and remain only that of landlord and tenant.
23. ~0TI~ES AND REPORTS. 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 Lease shall be effective only when made in writing
and agent or I
and I
delivered (or mailed by registered or certified mail with postage
prepaid) to the other party at the address given below:
Landlord:
City of Sebastian
Attn: City Manager
1225 Main Street
Sebastian, FL 329~8
Tenant:
Guarantors: N/A
provided, however, that either party may designate a different
representative or address from time to time by giving to the other
party notice in writing of the change. Rental payments to the
16
Landlord shall be made by the Tenant at an address to be furnished
to the Tenant.
24. TIGHT TO INSPECT. The Landlord may enter the leased
premises upon reasonable notice:
(a) To inspect or protect the leased premises or any
improvement to a property location thereon;
'' (b) To determine whether the Tenant is complying with the
applicable laws, orders or regulations of any lawful authority
having jurisdiction over the leased premises or any business
conducted therein; or
(c) To exhibit the leased premises to any prospective
purchaser or tenant during the final sixty (60) days of the lease
term, or at any time after either party has notified the other that
the Lease will be terminated for any reason.
No authorized entry by the Landlord shall constitute an
eviction of the Tenant or a deprivation of its rights or alter the
obligation of the Landlord or create any right in the Landlord
adverse to the interest of the Tenant hereunder.
25. OWNERSHI. P.OF TRA~E_ FIXTURES. SIGNS AND PERSONAL PROPERTY.
At the expiration of the Lease, any and all trade fixtures, signs
and personal property, used by the Tenant in the operation of its
business, on the leased premises shall remain the Tenant's sole
property and the Tenant shall have the right to remove the same
provided any damages in removal are repaired by the Tenant at
Tenant's sole cost.
In case of breach of this Lease by the Tenant, or the
termination of the Lease, or any extension hereunder~ that may be
17
granted, the Tenant agrees to immediately surrender possession of
said facilities, and all the buildings, edifices, etc. that are
constructed by or on behalf of Tenant. The facilities, buildings,
edifices, etc. shall then become the property of the Landlord.
26.
27.
28.
RESERVED.
~EIGHT RESTRI.CTIO. N$ ·
The Tenant expressly.agrees for
itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the
leased premises to such a height so as to comply with all Federal
Aviation Regulations, State laws and local ordinances, rules and
regulations now existing and hereinafter promulgated.
The Tenant expressly agrees for itself, its successors and
assigns, to prevent any use 'of the leased premises which would
interfere with or adversely affect the operation or maintenance of
the Airport or otherwise constitute an airport hazard. The Tenant
covenants and acknowledges that the use of the leased premises as
proposed by the Tenant does not interfere with or adversely affect
the operation or maintenance of the Airport or otherwise constitute
an airport hazard. The Landlord reserves unto itself, its
successors and assigns, for the use and benefit of the public,
right of flight for the passage of aircraft in the airspace above
the surface of the leased premises, together with the right to cause
in such airspace such noise as may be inherent in the operation of
aircraft, now known or hereafter used, for navigation or flight in
the airspace, and for use of said airspace for landing on, taking
off from, or operating on the Airport.
29. ~ONDISCRIMINATION. The Tenant for itself, its personal
18
representatives, successors in interest and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant
running with the land that (i) no person on the grounds of religion,
gender, marital status, 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 Tenant's
facilities;, (ii) that in the construction of any improvements on,
over or under the leased premises and the furnishing of ser¥ices
thereon, no person on the grounds of religion, gender, marital
status, race, color or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected
to discrimination; (iii) that the Tenant shall use the premises in
compliance with all other requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964.
In the event of the breach of any of the above non-
discrimination covenants, the Landlord shall promptly notify the
Tenant, in writing, of such breach and the Tenant shall immediately
commence curative action. Such action by the Tenant shall be
diligently pursued to its conclusion, and if the Tenant shall then
fail to commence or diligently pursue action to cure said breach,
the Landlord shall then have the right to terminate this Lease and
to re-enter and repossess said land and improvements thereon.
30. ENTIRE %~REEMENT. This Lease contains all of the
understandings by and between the parties hereto relative to the
19
leasing of the premises herein described, and all prior or
contemporaneous agreements relative thereto have been merged herein
or are voided by this instrument, which may be amended, modified,
altered, changed, revoked or rescinded in whole or in part only by
an instrument in writing signed by each of the parties hereto.
~. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign
this Lease or sublet ~he leased premises or any portion thereof, or
otherwise transfer any right or interest hereunder without the prior
written consent of the Landlord, which consent may be withheld for
any reason. If the Landlord consents, in writing, to the
assignment, subletting or other transfer of any right or interest
hereunder
particular instance specified in the written consent and the Tenant
shall not be relieved of any duty, obligation or liability under the
provisions of its Lease.
32. BINDING EFFECT. The terms and provisions of this Lease
by the Tenant, such., approval shall be limited to the i
shall be binding on the parties hereto and their respective heirs,
successors, assigns and personal representatives, and the terms of
any Addendum attached hereto are incorporated herein.
33. APPLICABL~...LAW[~E~E. In the event of litigation arising
out of this writing, venue shall be in Indian River County, Florida
and the terms of this Lease shall be construed and enforced
according to the laws of the State of Florida except to the extent
provided by Federal law.
34. ATTORNEYSFEES. in any action arising out of the
enforcement of this writing, the prevailing party shall be entitled
2O
to an award of reasonable attorneys fees and costs, both at trial
and all appellate levels.
35. ~CORDIN~. In no event shall the Lease or a copy thereof
be recorded in the Public Records of Indian River County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
CITY OF SEBASTIAN
A Municipal Corporation
existing under the laws
of, Florida
Charles Clay Price,
Individually
Kathryn M. O'Halloran
Acting City Manager
ATTEST:
Sally A. Maio
Deputy City Clerk
Approved as to Form and
Content:
Charles Ian Nash
City Attorney
21
SCHEDULE "~"
This Schedule is a part of that certain Lease between the CITY
OP SEBASTIAN and Charles Clay Price dated for leased
premises at the Sebastian Municipal Airport.
Listed below is the general description of the leased premises.
The three acre parcel contigious to the Sebastian'Aero
Services, west of the 4/13 taxiway and north of Sebastian Aero,
particular description to follow.
Fleming Grant that certain parcel lying in Section 29
described as follows: beginning at the most westerly corner of
said Section 29, run south 44 degrees 21 minutes 28 seconds
east 818.81 feet on southwest boundary of Section 29 to
centerline of Roseland Road,.thence north 04 degrees 48 minutes
59 seconds west 514.65 feet on said centerline thence north 89
degrees 50 minutes 46 seconds east 644.46 feet, thence north 00
degrees 09 minutes 14 seconds west 849.00 feet to true point of
beginning, thence north 89 degrees 50 minutes 46 seconds east
425.00 feet to a point which lies 75.00 feet west of the
centerline of an existing airport taxiway, thence north 00
degrees 09 minutes 14 seconds west 307.00 feet, thence south 89
degrees 50 minutes 46 seconds west 425.00 feet, thence south 00
degrees 09 minutes 14 seconds east 307.00 feet to true point of
beginning.
Contains 3 acres more or less.
Less and except Parcel B & C whose legal description is
respectively described as:
Parcel B
Fleming Grant that certain parcel lying in Section 29
described as follows: beginning at the most westerly corner of
said Section 29, run S 44 degrees 21 minutes 28 seconds east a
distance of 818.81 feet on southwest boundary of Section 29 to
centerline of Roseland Road, thence north 04 degrees 48 minutes
59 seconds west a distance of 514.65 feet on said centerline,
thence north 89 degrees 50 minutes 46 seconds east a distance
of 644.46 feet, thence north 00 degrees 09 minutes 14 seconds
west a distance of 849.00 feet; thence north 00 degrees 09
minutes 14 seconds west a distance of 92.11 feet to a point of
beginning; thence north 00 degrees 09 minutes 14 seconds west a
distance of 79.60 feet; thence north 72 degrees 24 minutes 54
seconds east a distance of 87.62 feet; thence south 86 degrees
39 minutes 37 seconds east a distance of 94.64 feet; thence
south 69 degrees 44 minutes 03 seconds east a distance of 49.06
feet; thence south 00 degrees 09 minutes 14 seconds east a
distance of 62.21 feet; thence south 78 degrees 20 minutes 32
seconds west a distance of 49.58 feet; thence north 81 degrees
41 minutes 01 second west a distance of 95.75 feet; thence
south 72 degrees 40 minutes 02 seconds west a distance of 84.52
feet to the true point of beginning.
Containing 18,213 square feet.
Parcel C
Fleming Grant that certain parcel lying in Section 29
described as follows: beginning at the most westerly corner of
Said Section 29 run south 44 degrees 21 minutes 28 seconds east
a distance of 818.81 feet on southwest boundary of Section 29
to centerline of Roseland Road, thence north 04 degrees 48
minutes 59 seconds west a distance of 514.65 feet .on said
~enterline, thence north 89 degrees 50 minutes 46 seconds east
a distance of 644.46 feet, thence north 00 degrees 09 minutes
14 seconds west a distance of 849.00 feet; thence north 89
degrees 50 minutes 46 seconds east a distance of 425.00 feet;
thence north 00 degrees 09 minutes 14 seconds west a distance
of 143.64 feet to the point of beginning; thence south 89
degrees 50 minutes 46 seconds west a distance of 200.96 feet;
thence north 09 degrees 09 minutes 14 seconds west a distance
of 15.00 feet; thence north 89 degrees 50 minutes 46 seconds
east a distance of 200.96 feet; thence south 00 degrees 09
minutes 14 seconds east a distance of 15.00 feet to the true
point of beginning.
Contains 3,014 square feet.
With the non-exclusive Ingress/Egress easement whose legal
description described as:
Fleming Grant that certain parcel lying in Section 29
described as follows: beginning at the most westerly corner of
said Section 29, run south 44 degrees 21 minutes 28 seconds
east a distance of 818.81 feet on southwest boundary of Section
29 to centerline of Roseland Road, thence north 04 degrees 48
minutes 59 seconds west a distance of 514.65 feet on said
centerline, thence north 89 degrees 50 minutes 46 seconds east
a distance of 644.46 feet, thence north 00 degrees 09 minutes
14 seconds west a distance of 849.00 feet to the point of
beginning; thence south 89 degrees 50 minutes 46 seconds west a
distance of 100.00 feet; thence north 00 degrees 09 minutes 14
seconds west a distance of 307.00 feet; thence north 89 degrees
fifty minutes 46 seconds east a distance of 100.00 feet; thence
south 00 degrees 09 minutes 14 seconds east a distance of
307.00 feet to the point of beginning.
2
This Schedule is a part of that certain Lease between the CITY
OF SEBASTIAN and Charles Clay Price dated for leased
premises at the Sebastian Municipal Airport.
Listed below are the description of each improvement to be
constructed by Tenant on the leased premises and the required dates
of commencement and dates of completion for each such improvement:
Description of Improvement
3,000 sq. ft. Hangar
12' x 44' DCA Approved Modular
Office
D~te of
Commencement
Upon Lease
Upon Lease
Date .o~
ComDle~ion
i Year
3 Months
Times are contingent upon receipt.of required permits.
Charles Clay Pri~e,
Individually
CITY OF SEBASTIAN
A Municipal Corporation
existing under the laws
of, Florida
Kathryn M. O'Halloran
Acting City Manager
ATTEST:
Sally A. Maio
Deputy City Clerk
Approved as to Form and
Content:
Charles Ian Nash
City Attorney
SKYDIVING ADDENDUM TO LEASE BETWEEN
CiTY OF SEBASTIAN AND CHARLES CLAY PRICE
AT THE SEBASTIAN MLrNICIPALAIRPORT
This is an Addendtlm to that certain Lease between CITY OF
SEBASTIAN and Charles Clay Price relating to property at the
Sebastian Municipal Airport, which Lease is dated the day of
, 199. The terms of this Addendum shall be a part
of said Lease as though'incorporated therein.
'1~ For additional consideration of $1.00 per year payable in
advance, the first of said annual installments being paid and
received herewith, Landlord hereby grants to Tenant, its agents,
employees and invitees, the right to use the land area depicted on
Attachment "A" hereto, which area is located at the Sebastian
Municipal Airport during the term of this Lease.
2. The right of use granted hereunder shall be on a non-
exclusive basis and shall be used by Tenant, its agents, employees
and invitees solely for the purposes of a drop zone for skydiving.
Landlord may from time to time promulgate rules and regulations
regulating the use of the drop zone by Tenant and others, and Tenant
hereby agrees for itself, its agents, employees and invitees to
fully abide by all said rules and regulations.
3. Tenant also agrees that the area may be changed by Landlord
at any time during the term of the Lease and such change shall be
effective when written notice of the change is delivered to Tenant
at its offices at the Sebastian Municipal Airport, which notice
includes an attachment depicting the new drop zone.
4. Tenant agrees to indemnify and hold Landlord harmless from
any and all losses, claims, damages, liabilities or any other
obligations whatsoever imposed or asserted against Landlord which in
any way relate to this Addendum, the right of use granted hereunder
or the use of the drop zone by Tenant, its agents, employees or any
of its invitees. Tenant agrees to maintain the area in a manner
that the area will not create a safety hazard to its agents,
employees, and invitees. This....provisioD sha. ll s~rviv~ th~
termination or cancel%atio.D, of....the.Lease or this.Add~Ddum.
5. Tenant's right to use granted herein shall immediately
terminate in the event that Tenant breaches any of the terms of this
Addendum or the Lease, or Tenant or any of its agents, employees, or
invitees fail to abide by the rules and regulations promulgated by
the Landlord.
Dated this day of , 199__.
T
Charles Clay Price,
Individually
CITY OF SEBASTIAN
A Municipal corporation
existing under the laws of,
Florida
Robert S. McClary
City Manager
ATTEST:
Kathryn M. O'Halloran
C/A Z
Approved as to Form and
Content:
Charles Ian Nash
City Attorney
i City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (,407) 589-5570
SUBJECT: Bid award - U.S. gl )
Medians Jack and Bore )
)
)
)
Approved for Submittal By: )
)
)
City Manage '~~ ~'/~-~)
Agenda No.
Dept. Origin
Date Submitted
ENG / P~
09-14-93
For Agenda of
09-22-93
Exhibits: Bid Tabulation
EXPENDITURE
REQUIRED: $5,500.
AMOUNT
BUDGETED: None
APPROPRIATION
REQUIRED: $5,500.
SUMMARY STATEMENT
A single bid was received from Glisson and Sons, Inc. to jack
and bore four inch steel casing. Their unit price was $22.00
per LF. for approximately $4400 for the four separate
crossings. The jack and bore locations are where the
irrigation wells will supply water to the medians. A fifth
location will be required because negotiations with the
property owner for the placement of the pump and well within
an existing FPL easement approximately 1300 feet south of the
Washington Street intersection has been denied.
Upon review of the unit price, it is my opinion that the bid
price is fair and competitive. Funds are currently available
in the Parks Capital Improvement Fund.
RECOMMENDED ACTION
Move to award the bid to Glisson and Sons Inc for jack and
bore of the U.S. #1 medians at five locations in the amount of
$5,500.
CONTRACTOR/VENDOR
Glisson and Sons Inc
I
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE September 14th, 1993 2:00 P.M.
ITEM DESCRIPTION
Jack and Bore U.S. ~1
NO OTHER BIDS WERE RECEIVED
TOTAL
$4,400.
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
COMPLAINT NO. 93-8038
CITY OF SEBASTIAN,
Petitioner,
Herber~.C. Patton,
Respondent.
WENDED ORDER
THIS CAUSE came before the Code Enforcement Board of the City
of Sebastian on .8/18/93, by request of City staff, to amend the
order dated June 9, 1993 and dismiss the Certification of Fine
dated 7/21/93. The Board hereby cancels the Certification of Fine.
The order has been amended as follows:
FINDINGS OF FACT,
CONCLUSIONS..OF LAW, AND. ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on !gth day .of May
.1993, after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FINDINGS O~ FACT
That the respondent is the'owner of the residence located at Lot 9,
Block 5, Unit #1 Sebastian Highlands, Sebastian FL.: that a pool
enclosure is on said property which does not meet building code:
that metal debris; wood debris; masonary debris and other debris is
located on the property; and that one maroon inoperable vehicle is
located on the property.
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCb.UEIONS OF LAW
That Section 26-138 (Pool
Enclosure); Section 86-47
( Junk
Deposits); Section 66-1(2)(5)(6) (Nuisances); and Section 66-3
(1)(2)(3)(9) (Nuisances - vegetation exeeds 10 ") of the City of
Sebastian Code of ordinances have been violated.
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Upon failure of the Respondent to comply with this.Order, on
or before the 10th day of August, 19.93, the Code Enforcement Board
may levy a fine of up to One Hundred Dollars (~ 100.00) for every
day the violation continues past the date set for compliance. It
shall be the responsibility of the Respondent to notify the Code
Enforcement Officer ~hat compliance has been achieved.
If Respondent does not comply on or before the date set for
compliance, an Order imposing a.fine may be recorded in the
Official Records of indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
Council Chambers to hear further evidence on the issue of
compliance and may impose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member George Metcalf. The motion was seconded by Code Board Vice
Chairman Joan Kostenbader and, upon being put to a vote, the vote
was as follows:
Board Member George Metcalf
Board Member Louis Nicolini
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato DeRobertis
Board Member Wayne Tozzolo
Bg~rd Member Henry Fischer
Yes
Yes
Y..es .
Yes
Absen~
Abstained
The Chairman thereupon declared this order duly passed and
adopted this 18th day of August,1993.
this
ATTEST:
DONE AND ORDERED in Sebastian, Indian River County, Florida,
/ day of ~" , 19 ~
./
ORIDA
CHAIRMAN, C~de Enforcement Board
NUN~NC
~lerk, j~ode Enforcement Board
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: ~
REQUEST ~O REMOVE SPECIMEN TREE
BURGOON BERGER
Approved For Submittal By:
City Manage~
)
)
)
)
)
)
)
)
)
)
)
)
)
Agenda Number: ~. 2~
Dept. Origin: Community Development
Date Submitted: 09/09/93 (B~i
For Agenda Of:
Exhibits:
09/22/93
Tree Removal Application dated
09/09/93
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,
Burgoon Berger is requesting removal of one specimen tree on a property at
942 Franciscan Avenue (Lots 24 & 25, Block 333, Sebastian Highlands Unit
13). The tree (one pine) is located on the proposed location for the
porch.
RECOMMENDED ACTION
Move to approve the removal of one specimen pine tree located on Lots 24 &
25, Block 333, Sebastian Highlands Unit 13.
CITY OF SEBASTIAN
~,~ ~ . ~.~
........ ·
ADDRESS: ~ 2i9~ Julian A.~e.~--NE Zip: '.:3'
PHONE: 723-0388
SUB-CONTRACTOR: Fox~-ZL ~learin~ __
ADDRESS:_ P ~ Roseland, FL zIP: 32957
PHONE: 589-8961
REASON FOR THE PERMIT: SinGle F~ily
OWNER OF PROPERT%: ~ ~ K
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 )
APPLICATION MUST INCLUDE:
1. ~ ~rvey, loCate all specimen trees (20 inch
diameter 0r' more). Indicate which trees to be '
..... .and/or ~relocated. Indicate the species of
,f~ed
'e~ch' 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 with a bright
ribbon around the tree approximately 6 feet above
the grade.
~ST OBThI~ CITY COH~ClB
IF YES, DATE OF CITY COUNCIL APPROVAL:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: ~
REQUEST TO REMOVE SPECIMEN TREE
HINZMAN CONSTRUCTION CO.,INC.
_~.~proved For Submittal By:
City Manager .,C17~,
)
)
)
)
)
)
)
)
)
)
)
)
)
Agenda Number:
Dept.. Origin: Community Development
Date Submitted: 09/10/93
For Agenda Of:
Exhibits:
09/22/93
Tree Removal Application dated
09/10/93
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,
Hinzman Construction Co., inc. is requesting removal of one specimen tree
on a property at 268 Fleming Street (Lot 10, Block 81, Sebastian Highlands
Unit 2). The tree (one pine) is located on the proposed location for the
house.
RECOMMENDED ACTION
Move to approve the removal of one specimen pine tree located on Lot 10
Block 81, Sebastian Highlands Unit 2. ,
CITY OF SEBASTIAN / APPLICATION Foil CLEAII[NG AND
REMOVAL AND/OR RELOCATION OF TREES
LOT NO.: /
suBDIviSION:.
ADDRESS ~
PBONE ~
SUB-~ONTRA~TOR ~ ~.'v ~.~ ~-
ADDRESS,. · ~ ~) · -
PHONE {
' 2
REASON FOR THE PERMIT:
UNIT NO.:
OWNER OF PROPERTY~
ADDRESS:
PHONE NO.~
ZIP:
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 )
~ ~ ~rv--~ ~aCe~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 w]ti~ a bright
ribbon around the tree approximately 6 £e¢.'t above
the grade.
Office Use Only
SITE INSPECTION BY: ~ ~_---/~"2.---
APPROVED FOR PERMiT~ YES: NO~
MUST OBTAIN CITY COUNCIL APPROVAL: YES:
IF YES, DATE
NO:
WilL ,,,P-
~ , \~ [ ,,~,,~ - ~1
-,~.~'- '-']! X ~ ~ /."/ -1
-~-I,,': ~-~ ~ ~
,~,,.i PLOT p~NS NOT
· -.,.~,.~ ,. ,., ,~. ,~,~oo~. ~=..~ ~ o~ ~, ~.,., ~ ~. ~,,,, TO BE USED F~
~YOUT PURPOSE[.
PLAT OF SURVEY FOR: ~,~o.
I
TYPE 1 DATE d0B-~
ICK. BY
KEVIN A. SMITH LAND SURVEYING, INC.
City of Sebastian
Donald ~. Askins
50th Wedding Anniversary
Use of Yacht Club
POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
Approved For Submittal By:
City Manager
Agenda No.
DeDt. Oriain City Clerk
Date ~ 9/8/93
7or Aaen~aOf 92_9~
Application dated 9/9/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
The City of Sebastian has received a request from Donald Askins
for use of the Yacht Club on January 22, 1994 for a 50th
Anniversary Party.
They are requesting use of alcohol at this event.
RECOMMENDED A~ION
Move to approve request for alcohol use.
ii
CITY OF SEBASTIAN ·
RENTAL PERMIT APPliCATION
~ne o~ Ren~e~ / Orrd~a~ion /~/.~
m
Rem/ F~ ~d on {~te) h ~e ~t of
~iti~
~Uc ~mge l~t hea~ ~t the ~l ~t~oon
Fee ~ver l~t heart at the ~n~ ~t~ .on
(date). i~t ~PR~ /
g~ Pimp Oate R~ Retu~ Date
Se~rit7 _Oe~sit retum~ ~ City ~eck
~unt of on
~e ~t for ~ (1~ a~A&~Ae}.
(date) in the amount
in the
'(date)
!
I City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
i TELEPHONE (407) 589-5330 D FAX (407) 589-5570
Jill ~ost-Sebastian Panthers
Use of Community Center
Approved For Submittal By:
City Manager
Agenda No. ' ~. ,2 ~1'0~
Dept. ~ City Clerk
pate ~bmitted 9/16/93
For Agenda pf ~
Exhibits...~.
Application dated 9/16/93
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
The City of Sebastian has received a request from the Sebastian
Panthers for use of the Community Center on October l, 1993
between the hours of 6:00 P.M. to 10:00 P.M. to hold a dance.
They have a $100.00 Security Deposit on hold and are requesting
that the rental fee be waived.
Historically City Council has approved rental fee waivers and
reduced security deposit to $100.00 for Sebastian Panther Youth
Dances and Fund raiser.
RECOMMENDED ACTION
Review the above requests and act accordingly.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
~r o~ Pe~ ~titu~g ~oup or o~zation: ~_
~~~~~&~)
SecuriLT Be~si~ paid Da a--~_.~_(~te) ia the maom~t of
w ~.~ , or Cash
Fee paid on
(date) ia :he amoa~t
or CaSh
UcohoJ.ic 6eqerage Rec~est hea~ at the Coa~cL1 P~et~nooa
(date}, geqae~t
Fe~ ~aiver Request heard at the Count! MecCa on
(date}. Request APPROVED / D~D.
KeT ?idmp Date
Xes? ReLent Date
in the
7date)
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
Resolution No. R-93-51
Florida City Government Week
October 3 - 9, 1993
APPROVED FOR SUBMITTAL BY:
City Manager: ~=~tr'~ ~.~
EXPENDITURE
AGENDA FOPd
Agenda No.
Dept. Origin cit¥c_~
Date Submitted 9/16/93
For Agenda Of 9/22/93
Exhibits: R-93-51
AMOUNT
APPROPRIATION
REQUIRED: N/A ~.UDGETED: N/A REQUIRED:
At the request of Councilmember Corum, we are presenting
Resolution No. R-93-51, supporting "Florida City Government Week"
for your approval. Mrs. Corum will accept the resolution and
make a presentation.
aEC0 3 w p n
Move to adopt Resolution No. R-93-51.
RESOL~/'ZO~ NO: R-93-51
· RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RECOGNI$ING CITY GOVERNMENT NEEK,
OCTOBER 3-9, 1993, /~ ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES~
PROVIDING ~OR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING FOR
~I~EFFECTIVE DATE.
1THEREAS, city government is the government closest to most
citizens, and the one with the ~ost direct daily impact upon its
residents; and
WHEREAS, city government is administered for and by its
citizens, and is dependent upon public commitment to and
understanding of its many responsiblities; and
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public
services and their benefits; and
WHEREAS, Florida City Government W~ek is a very important
time to recognize the important role played by city government in
our lives; and
WHEREAS, this week offers an important opportunity to spread
the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the
people; and
WHEREAS, the Governor and Cabinet of the State of Florida
have set aside this week to recognize and honor the efforts of
city governments;
NOW, THEREFORE BE iT RESOLVED BY THE CITY OF SEBASTIAIq,
FLORIDA, as follows=
.Section 1_~. That the City of Sebastian does encourage all
citizens, city government officials and employees to do
everything possible to ensure that this week is recognized and
celebrated accordingly.
Section ~.~ That the City of Sebastian does encourage
educational partnerships between city government and schools.
~ ,3. That the City of Sebastian does support and
encourage all city governments to actively promote and sponsor
"Florida City Government Week".
Section 4--. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5--. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember . The motion was
seconded by Councilmember and, upon
being put into a vote, the vote was as follows.:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
2
The Mayor thereupon declared thi~ Resolutlon duly passed and
adopted this day of , 1993.
CITY OF SEBASTIAN
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
I City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I AGENDA FORM
SUBJECT: ) Agenda No.
John Malek - Santa Sail-In )
Winter Wonderland - Riverview ) Dept. Origin
Park )
) Date Submitted
ROVED FOR SUBMITTAL BY: )
EXPENDITURE
AMOUNT
~ity Clerk
For Agenda Of
9/16/93
9/22!93
Exhibits:
King Letter dated
9/16/93
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED:
The City Council, at its August 11, 1993 concurred with a request
from John Malek, Chamber of Commerce, to hold Winter Wonderland
festivities in Riverview Park and a Santa Sail-In on December 3,
1993. Mr. Malek was directed to keep City Council informed on
the progress of the activities.
The Chamber of Commerce has requested that Mr. Malek make a
presentation to City Council at its September 22 1993 Regular
Meeting. '
RECOMME~ED ACTION
No action required.
September ~ 6, ~ 993
Oi~ of Seba~ian
1225 M~ ~reet
Seba~an FL 3~58
Dear Council Members: 'L~:;~" ' ~
Regarding: Chamber of Commerce's - Santa's Sail-in & Winter-Wonderland
Plans for our community-wide Holiday festival are well under way! Public support for
the activities has been extraordinary, and we are looking forward to producing an
event that will be an asset and source of pride for our entire community.
Pursuant to our original request to the Council for use of the park for the Winter
Wonderland part of the festival, we would like for our Wonderland Chairman, John
Malek, to appear before the Council on September 2~h to update you on our hopes
and plans; and to ask for your cooperation and participation as we proceed with the
many logistical aspects of this undertaking.
Just to keep you posted, the Lighted Regatta portion of the festival is also progressing
in good time! Capt. Hiram's Seafarers Club is orchestrating and producing this
exciting part of the evening, and to our delight we already have approximately a dozen
boats that want to participate! (A nearby neighboring community had fewer than 6
their first year, so we feel we are very fortunate indeed!).
Although this entire event is a Chamber of Commerce activity, it encompasses many
people, groups and organizations that are not members of the Chamber. It's
something of an 'Abe Lincoln" sort of event: of the people, by the people, for the
people! AJthough we began rather late in the year, we are especially gratified to see
the community responding so positively to what we're trying to accomplish!
We took forward to up-dating you and to answering any questions you may have!
Thank you so much for your anticipated cooperation!
M.~o~t sincerely,
Virginia King
Executive Director
1302 U.S. #1 ,, SEBASTIAN, FLORIDA 32958
PHONE (407) 589-5969
I
City of-Sebastian
POST OFFICE BOX 780127 c SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECt. Purchase of the
General Development Utilities
Sebastian Highlands Water &
Wastewater Facilities
Approved for Submittal By:
City
) Agenda No.
)
) Dept. of Origin: Finance (MS).
)
)
) Date Submitted: 09/16/93
)
) For Agenda of: 09/22/93
)
) Exhibits: None
EXPENDITURE
REQUIRED: n/a
~O~T
BU~E~D: ~a
APPROPRIATION
REQUIRED: n/a
SUMMARY STATEMENT
Based upon city Council's acceptance of the intent to purchase
the General Development Utilities (GDU) - Sebastian Highlands
Water and Wastewater Facilities, the City's Task Force requests
authorization from the city Council to select the following:
1. Bond Underwriter - Raymond James & Associates, Inc.
2. Bond Counsel - Nabors, Giblin & Nickerson, P.A.
3. Rate Analyst - Rachlin & Cohen
4. Engineer - Hartman & Associates, Inc.
5. Certified Public Accountants - Hoyman, Dobson & Co., P.A.
RECOMMENDED ACTION
Move to authorize the Mayor and Acting City Manager to execute
contracts with the above named consultants to accomplish the bond
financing and purchase of GDU Sebastian Highlands Utility System°
September 7, !993
To whom it may concern:
W~ are permanent residents of Sebastian who are also senior
citizens. As such we pay taxes to Indian River County,
Sebastian and by extension, it seems, to Veto Beach.
In the slick, and we suppose expensive "Leisure Autumn News
'93" put out by the Recreation Department, City of Vero
Beach/Indian River County there are 16 pages devoted to
activities. On page 11 there are 3 programs for adults at
the Sebastian Community Center and page 6 has classes at the
Center in Ballet for children. Now this strikes us as a
rather lopsided line-up of activities. We seem to recall
that Sebastian had a Recreation Committee at one time. What
ever happened to it?
Since, according to the papers, we are fast approaching
Vero's population we think we are due an explanation as to
the sparcity of recreation provided by Indian River County
or Sebastian, for us.
The only visible sign of activity is the Sports Complex
which is fine and we are glad for the children, but we
wonder about fairness and equity. We are t~ayers who
contribute to the county and city and receive very little
back. We need no meals, most of us drive ourselves, and we
have no children burdening the schools and we do our share
of volunteering.
If we send taxes and recreation money to Indian River
County then why do we have so little to show for it? If a
good share of our money is going to Vero Beach then why are
we charged as non-residents in order to use facilities that
our taxes contributed to? Finally, where is Sebastian in
this whole recreation scenario?
The Center in Sebastian is getting too small to service
both the congregate meals program and Aerobics classes in
the off season. We hate to think what it will be like when
the snow birds return and want to again enjoy our classes
I
ith Kathy Falzone, our very able certified Aerobics
instructor. For years we have wanted more classes but use i
of the building is limitedI I
Ne urge the Sebastian City Council and the Indian River I
Recreation Advisory Board to look into this severely I
neglected situation in Sebastian. We would like to meet
w~ith_you~ so we can use our resources more efficiently and i
z~a~iriy for the whole community. .. I
Sincerely yours, I
Concerned Citizens of Sebastian i
_-,. · ' ' , '-~z-:--'/¢,'FsT~n-4, FZ_..I
I
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: ~
FRATERNAL ORDER OF POLICE REQUEST
TO USE RIVERVIEW PARK (NORTH)
proved For Submittal By:
City Manage~_~<///
Agenda Number:
Dept. Origin: Community Development~
3 (B~
Date Submitted: 09/07/9
For Agenda Of: 09/22/93
Exhibits: Letter from FOP dated
9/6/93.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Fraternal Order of Police Lodge $139 is requesting permission from the
City Council to utilize Riverview Park (North) October 17 through 24 1993
to hold a fund raising carnival. '
City Council, at its Workshop meeting of September 1, 1993, discussed
current and proposed park policy and deferred the matter to a later date.
Staff is bringing this item before the City Council in light, of the dates
requested by the Fraternal Order of Police. This organization has been
granted the use of Riverside Park (North) twice during the past two years
in July 1992 and again in February 1993. '
Staff has no objections to this request, provided applicant agrees to meet
all conditions set forth by City Council.
RECOMMENDED ACTION
Move to approve the request of the Fraternal Order of Police Lodge %139 to
utilize Riverview Park (North) October 17 through 24~ 1993 subject to
conditions outlined by City Council. '
P.O. Box ?82123 ·
Sebastian, Florida $29?$
6 September 1993
Subject: Request Use of City Property for Childrens
Sports Fund Raising Carnaval 17 -24 October 1993
TO: Mayor Lonnie Powell and Sebastian City Council
During the month of October 17 thru 24, 1993 The Sebastian
Fraternal Order of Police would like to hold a Fund raising
Carnaval to raise funds for our organization and the children
of sebastian. ,,
As you are aware from our last years Carnaval money was
donated to poor people and sponsor sports Activities for the
children of Sebastian.
The City pDoperty we are asking to use is located on CR-512
and US-1 & Indian River drive. Behind Gas Station.
Our Organization Will be responsible for Insurance, Clean-up
Police protection, and any monies due for overtime will be paid
back to the city of Sebastian.
Our organization request a waiver on any rental fees and
asks your support and approval on the above.
If any other thing is required please contact our Commitee
chairman, Joe Scarpa 589-3954.
Sincerely
w~Z~e ~ardison
FOP Lodge 139
President
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
INDIAN RIVE~ RECY~LERS REQUEST TO
use R VERV EW PARK
Approved For Submittal By:
· C~i~t~/t~anage ,~. -~/7 _~/ff~~--
Dept. Origin: Community Devg}gpment~,~
Date Submitted: 09/10/93 ~--
For Agenda Of: 09/22/93
Exhibits: Letter from Cindy Tirro
dated 8/26/93.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Cindy Tirro, a representative of Indian River Recyclers, has reguested
permission from the City Council to utilize Riverview Park to conduct a
swap meet. Dates requested are September 26, October 31, November 28 and
December 26, 1993, with alternate dates of October 3, November 21, and
December 19, 1993.
City Council, at its workshop mee$ing of September 1, 1993, discussed
current and proposed park policy and deferred the matter to a later date.
Staff is bringing this item before the City Council in light of the dates
requested by this organization. It should also be noted that the
requested date of November 28, and the alternate dates of October 3 and
December 19 have already been committed as rain dates to other
organizations.
Staff has discussed this request with the applicant and it seems the swap
meet would be more of a commercial venture than a fund raiser. City
Council has in the past prohibited the sale of premanufactured goods.
Therefore, staff would not recommend approval of this request.
RECOMMENDED ACTION
Move to deny the request of the Indian River Recyclers to utilize
Riverview Park for the requested dates.