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HomeMy WebLinkAbout10271993 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL RF_~ULAR MEETING WEDNESDAY, OCTOBER 27, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 12.2.5 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATiON ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Run Barber - Community Baptist Church 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS ~/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIO~.~ AND/OR ANNOUNCEMENTS 7. PUBLIC HE~ING, 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 93.246 PGB 1-15 93.311 PGB 17-32 93.312 PGS 33-47 93.313 PGS 49-50 PGS 51-62 ~ NQ~e: 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. ae Continuation of Public Hearing - Fischer Special Use Permit - Mulching and Burning ((Director of Community Development Transmittal dated 10/7/93, Application, Cooper Letters dated 6/11/93 and 7/30/93, R-92-33, Bound Information Packet Under Separate Cover & Previously Distributed) ~ CARRIED ~ FRO~ 10/13/93 AGENDA R SO_~ ~O~ R-93-54 - National Flood Insurance Reform Act of 1993 - Recommending Changes (City Clerk Transmittal dated 10/7/93, R-93-54)(From Councilmember Fr..land's Matters) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS IT IS CURRENTLY WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. B. ConstruQ%.~oD Board Reappoint John Laman and Jerald Smith for Additional Three Year Terms to Expire September 30, 1996 (Director of Community Development Transmittal dated 9/17/93, 3 Applications) C. Police Pension Board Confirm Appointment of Fifth Member to Two Year Term to Expire 10/95 - Judy Robinson (City Clerk Transmittal dated 10/7/93, Police Pension Board Memo dated 10/14/93) 9. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 10/13/93 Regular Meeting 2 93.314 PGS 63-68 93.315 PGB 69-75 93.209 PGS 77-81 93.316 P~S 83-91 Amend 9/8/93 and 9/22/93 Regular Meeting Minutes (City Clerk Transmittal dated 10/19/93, Excerpts of 9/8/93 and 9/22/93 Minutes) RESOLUTION NO. ~ - Vacation of Easement (Community Development Transmittal dated 10/19/93, R-93-55, Application, Survey, City Engineer Memo dated 10/5/93, Site Plan from 5/10/85) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING., ABANDONING, AND DISCONTINUING THE WEST SIX FEET OF LOT 1, AND THE EAST SIX FEET OF LOT 2 PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 396, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56L, 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. RESOLU~I0~ ~0. R-93-56 - Seeking Certification to Regulate Basic Cable Service Rates (Finance Department'Transmittal dated 10/20/93, R-93-56, FCC 328 Form) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO SEEKING CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION (F.C.C.) TO REGULATE BASIC LEVEL SERVICE FOR CABLE TELEVISION PROVIDERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-57 - Urging Enactment of Legislation to Stop Unfunded Federal Mandates (City Clerk Transmittal dated 10/19/93, R-93-57, Bird Letter dated 10/11/93, Macht Fax dated 10/15/93, Macht Letter dated 10/14/93, IRC Resolution) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING CONGRESS AND THE FEDERAL ADMINISTRATION TO ENACT LEGISLATION THAT WOULD RELIEVE COUNTIES AND CITIES OF ALL OBLIGATIONS TO CARRY OUT ANY NEW MANDATE ARISING FROM FEDERAL LAW, REGULATION OR POLICY UNLESS FEDERAL FUNDS ARE PROVIDED; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE. 93.263 PGB 93-121 93.317 PGB 123-124 93.318 PGS 125-127 93.319 PG 129 93.277 PGB 131-132 93.320 PGS 133-135 93.321 PGS 137-139 ~ ~Q, R-93-61 - Ratifying Fully Executed Purchase and Sale Agreement - General Development Utilities Water and Wast.Water System (Finance Director Transmittal dated 10/20/93, R-93-61, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE PURCHASE AND SALE AGREEMENT AS EXECUTED BY THE MAYOR AND CITY CLERK, ON BEHALF OF THE CITY, BETWEEN THE CITY OF SEBASTIAN AND GENERAL DEVELOPMENT UTILITIES, INC. FOR PURCHASE OF THE SEBASTIAN WATER AND WASTEWATER SYSTEM; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. G. Waiver of Bidding Procedures - Golf Course - 20 Tons 15-0-15 IBDU Fertilizer with Barricade Pre- Emergent Herbicide - Sole Source - Vigoro Industries of Ft. Pierce - $13,740.00 (Golf Course Superintendent Transmittal dated 10/8/93) H. Waiver of Bidding Procedures - Golf Course - 4,000 Lbs - Marvelgreen Supreme Ryegrass Seed - Sole Source - Sunbelt Seeds, Inc. of Norcross, Georgia - $3,200.00 (Golf Course Superintendent Transmittal dated 10/8/93) Waiver of Bidding Procedure - Finance Department - Purchase MITA 5685 Copier w/ AS-55020 Sorter and Stapler - Sole Source - EGP, Inc. (Finance Department Transmittal dated Handrails for Handicap Ramp - Smitty's Welding $1,255.00 (City Engineer Transmittal dated 10/14/93) Sebastian Police Department - Chaplain Robert Vollmar - Request Use of Community Center - christmas Party - 12/4/93 - Rental Fee Waiver - Reduction of Security Deposit to $100 and A/B - Permittee DOB 7/3/26 (City Clerk Transmittal dated 10/18/93, Vollmar Memo dated 10/19/93) Sebastian Panthers - Request Use of Community Center - Homecoming Dance 11/5/93 - 6 pm to 11 pm - Rental Fee Waiver - Reduction of Security Deposit to $100 (City Clerk Transmittal dated 10/20/93, Application, Frost Letter dated 10/20/93) 4 10. 11. 93.322 PGS 141-154 12. 13. 13. 93.323 PGS 155-184 93.324 93.325 14. 15o 93.326 P~S 185-190 PRESENTATIONB - None MAYOR AND CITY~O~NCILMATT~ A. Vice-Mayor Frank Oberbeck B. Mrs. gu%r_93J/! Corum C. Mrs. Norma Damp D. Mr. Robert FreelaDd E. Mayor L or nh i° R. Powell Appoint Alternate Member to Treasure Coast Regional Planning Council for Two Year Term (City Clerk Transmittal dated 10/19/83, TCRPC Letter dated 10/8/93, TCRPC Memo dated 2/21/92) ~ITY ATTORNE~~ ~ITYMANA~ER~ ~OMMITTEE REPO~TS/RECOMMENDATION~ A. pLANNING AND ZONING COMMISSIOn Recommend Appointment of Walter Barnes to Fill Regular Member Position Vacated by Shirley Killkelly - Three Year Term to Expire 11/1/96 (Community Development Transmittal dated 10/21/93, P & Z Memo dated 10/11/93, 5 Applications) Recommend Appointment of Second Alternate Herbert Munsart to Fill Unexpired First Alternate Term Vacated by Walter Barnes - Term to Expire 11/95 Recommend Appointment of Joseph Schulke to Fill Unexpired Second Alternate Term Vacated by Herbert Munsart - Term to Expire 1/96 OLD BUSINESS NEW BUSINES~ A° Gardenia Street Right-of-Way (City Engineer Transmittal dated 10/21/93, Map, Cooper Letter dated 9/28/93, Dill Letter dated 10/12/93) 5 16. INTRODUCTION OF NEW BUSINESS BY THE ~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 93.327 B. PGE 191-193 Doug Anderson, 7490 Agawan Road, Micco - Lion's Club Request Use of Riverview Park - Steak Fry - 11/6/93 - 2:30 p.m. to 6:30 p.m. - Collect $7.95 Donation (City clerk Transmittal dated 10/15/93, Anderson.Letter dated 10/15/93, Flyer) 17 o ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY · COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 SUBJECT: SPECIAL USE PERMIT FOR DR. HENRY A. FISCHER Agenda Number: j~roved For Submittal By: City Manage ) Dept. Origin: Communit% Development/} ) ) Date Submitted: 10/7/93 ) For Agenda Of: 10/13/93 ) Exhibits: ) 1. Application for Special Use ) Permit ) 2. Letter dated 6/11/93 from ) Bruce Cooper ) 3. Letter dated 7/30/93 from ) Bruce Cooper ) 4. Resolution R-92-33 ) 5. Binded backup material from ) applicant EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of July 22, 1992, the City Council approved Resolution R-92-33 for a mulching and burning facility for Dr. Henry A. Fischer. Although the Resolution indicates a legal description with 25.69 acres, the specific site plan that was submitted by the applicant indicated only approximately 6 acres. After reports of a fire within the facility, an on-site inspection was conducted and a determination was made that Mr. Fischer had exceeded the area that was approved by City Council pursuant to Resolution R-92-33. The applicant is now requesting to revise his site plan and also to extend the date of the special use permit for a 5 year period. Since the operation of this facility, this department has not specifically received any complaints regarding noise or smoke from the surrounding residents to the east. After talking with Chief Dan Dietz with the Indian River County Fire Department, he has indicated that their department has Page 2 received approximately 1/2 dozen complaints in the past year but, they were not aware that this facility was located within the City of Sebastian and referred those to another agency. The applicant has indicated his willingness to comply with the Fire Department's restrictions on burning which are as follows: 1. No burning when there is a northeast wind. 2. No burning when there is a west wind. 3. No burning when any wind exceeds 20 miles per hour. The applicant can call the Fire Department daily to receive permission based on the weather report. The existing facility is located at the far west end of town and access is gained at the intersection of C.R. 510 and C.R. 512. The proposed new site area will consist approximately 25 acres which surrounds the existing sandmining operation. This property is currently under a preliminary subdivision development which is soon to expire next year. The property is currently zones RS-20. The applicant has indicated a maximum stockpile of 145,886 cubic yards on 5.59 acres of land. The site plan indicates 26 areas for stock pile which will consist of a 75 x 125 foot base with a maximum pile height of 20 feet. There will be 7 sites that will be utilized for processing of top soil. There will be 4 sites for the mulching machine to be located to process the material. Basically, all 25 acres will be utilized in the operation of the facility. Prior to the meeting, the City Engineer and myself will conduct an on-site inspection and will video tape the existing area for your information. The applicant has also indicated that he will provide a professional video of the operation. I did identify in a letter dated July 30, 1993 that it might be helpful for City Council to know how much debris (cubic yards) has been received and how much has been processed and removed. The aplicant has indicated that they have shipped approximately 641 tons of timber products for use as paper and plywood. Apparently for business reasons, the applicant is reluctant to give specific information on the amounts of materials received and removed from the property. In the applicant's booklet, Empire Engineering and Testing, Inc. conducted sound readings within 300 feet of the mulching facility which indicates an average of 66 Db to the east, 69 Db to the north and 71 Db to the west. The Land Development Code would require a maximum of 50 Db to the adjacent lot or property that is zoned residential. These readings should have been conducted on the east side of the river on the closest adjacen~ residential lot to indicate a maximum DB level. Page 3 Staff would recommend that the City Council hold the Public Hearing in order to a~iow the applicant and others to testify regardigg the merits of this proposal. If the City Council. is inclined to approve this permit, a resolution should be drafted incorporating all conditions of approval. This matter could be deferred in order to draft the resolution and approve this permit at the next available council meeting. 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 Hold the Public Hearing and review the application. ~PPnlCATION FOR SPECI~b USE PEP~MIT I. auto,dance with Section 20A-2.6, Land Development Co~e, ~he Cl~y Council ~ay, in l~s sole d~so~etlon, gtan~ a special use permit tn any distrio~ for a use which Is not pzovlded for zoning regulations. AIl suet uses shall no~ be otherwise illegal, and shall no~ be specl[lcally prohibited pursuan~ to the ~omptehenstve plan or o~her appiteable,la~ ot The City Council shaiZ no~ gtan~ any speota1 use petml~ under ~his section, unless iE shall make ilnfllngs based upon ~he evidence p~esented to Ih .In ea=h oase khaki 1) The 9~an~ln9 of ~he petmiE ~111 no~ be dettimenta~ to ~he public sa[sty, health ot ~e~[are ot be ln}urious to 'other properties ot imptove~ents ~l~hln the Immediate vicinity In ~hloh ~he property is located~ and 2) The use requested Is eonsis~ent ~l~h the purpose and intent of ~be respective district, and can be demonstrated to be similar t, nature and compatible ~ith the uses allo~ed in such district. The ~ee for a special use petml~ ts $150 (es~ablished by ~esolu~lon No. R-~8-09). In addition ~he applican~ must provide ~he Cl~y Clerk's office ~t~h a list of tits surrounding property o~nets ~lthln a 200~ radius of the sub~ect property alon9 ~i~h ~he ~pprop~la~e certified te~urn reoelp~ mailing ~ee $2.29 for U.S. mailing). N~ME OF ~PLICANT~ H¢~rff A. ADDRESS OF APPLICANT~ I072S U.S. ~; Seba6tian, FL 3295~ APPLICANT PIIONE t~ (407) ADDRESS OF SUBJECT PROPERTY:. LEGAL DESCRIPTION OF SUBJECT PROPERTY~ A.~.C O~ the ~uar~er o~ Section 23, Toxin,hip 31 $o~.th, Ra.~¢. 38 F-a~t, of the Sebastian River, Indian River Count~. ZONING OF SUBJECT PROPERTY~ JfO REASON FOR REQUEST FOR SPECIAL USE PERHIT~ I) ~x~end d~¢ o~ p¢~mi~ ~ermin~tion ~o $ gear~ ~rom renewa~ date. 2) ~xte.d ~tor~ge area of permit (~ee ~ttached) to area itt 23-31-38 T~E BUIbDINO OFFICiAh MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS 'St~6a~u~e of Applicant Date J,,ne II, 1993 b~specus~.spp City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 3297U TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 June 11, 1993 Dr. Henry A. Fischer P.O. Box 780068 Sebastian, FL 32978 Reference: Resolution R-92-33 Dear Henry: At its regular ~eeting of July 22, 1992, the City Council adopted Resolution R-92-33 which authorized the operation of a mulching and burning facility on your land known as San Sebastian Springs West. Your application was submitted with a site plan identifying the specific area that would be utilized for this operation. After reports of a fire within your facility, I conducted an on-site inspection regarding this property to determine compliance of the conditions set forth by City Council. My inspection reveals that you are stock piling material~ in excess of the designated area which constitutes a violation of the conditions of Resolution R-92-33. Pursuant to our conversation last week regarding this matter, you had indicated tt3at you were going to pursue a revised site plan and present this to the City Council for their approval. Enclosed is a special use permit application which will have to be filled out and tile $150.00 fee be paid in order to process your request. Please submit this information prior to June 17, 1993 in order to place this matter on the June 23rd City Council meeting. The City Council meeting of June 23rd will only set the public hearing for the actual review and approval of your proposed amendment to the special use permit. Your anticipated cooperation in this matter is greatly appreciated. Thank you. Sincerely, Director of Community Development BC/gk R9233.wp CiO' qf i225 I, taJ.l~ ,~.ll.:rt.;etl.i ,r. jlEIIA,~.ilIAI,I, i.I.(.)IIII.)A ~.~'~',~l TELEPIIONE (407) 509-5330 ~1 FAX (,1[i/) July 30, 1993 Dr. tlenry A. Fischer P.O. Box 780068 Sebastian, FL 32978 Reference: Special Use Permit Dear Dr. Fischer: On June 14, 1993, I received your application and payment of fee for your request to amend your special use permJ, t l?ursuant to my letter dated June 11, 1993. I received the following documents: 1. Special Use Permit Application, A letter dated June 24, 1993 from Henry A. Fischer identifying the amended area, A copy of your Preliminary Subdivision for San Sebastian Springs West with a highlighted area identify.Lng the proposed new area for your facility. I will be placing this item on the City Council's age~da of August 11, 1993, only to set the required public hearing on September 8, 1993, for your special use permit. I have previouslY been in contact with }lank in regards to your application and requested additional information and data the City Council would need in reviewing your proposed amendment. I would request a site plan (to scale) having the following information; Legal description and site ~ata identifying the specific area that will be utilized in the operation. Dimensions and specific coordinates shall, be utilized from the land surveyor's PCM's. In order for field verification, proper monumentation shall be installed within, line site of each other, along the perimeter of the proposed site. The site plan should indicate the access ruad via County Road 512. Henry A. Fischer July 30, 1993 Page 2 Identify the specific location for the mulching machine, air curtain incinerator and any other apparatus or equipment that will be utilized in this operation. e. Identify tile stockpile area of the raw material. Identify any areas for processed materials such as mulch and fire wood. The City Council will need to know the maximum stockpile area that you plan to keep on site for the raw materials. This should be identified on how much land area and volume (cubic yards or other acceptable measure) that would be kept on site. You should also identify the amount of raw materials that can be processed (mulching and air curtain incinerator) in one day. With this information, the City Council could determine how long it would take to process all the materials that you may have stockpiled on the property. Since you have been in business for some time now, it Qould be helpful to identify the amount of raw materials that you currently have on your property, the amount of raw materials that you have received, and how much processed materials you have sold. If .the City Council is inclined to require a performance bond to ensure compliance of its requirements, staff will need information regarding the approximate cost that it would take to remove all of the stockpile and process materials on site. After determining the amount of stockpile materials in cubic yards or other acceptable measures, you will need to provide costs to remove the debris away to a proper disposal facility. This should also include the cost of disposing the material at a proper landfill site. Staff has concerns with the amount of existing stockpile area that you do have and your reasoning for the need for the amount of area you are requesting. I believe with the above information and an outline of your marketing strategy for this operation will be essential for City Council to review your request. Staff will need the above reference information by no later than August 31, 1993 in order to forward this to the City Council in their agenda packet. Henry A. Fischer July 30, 1993 Page 3 If you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. Sincere~,~ Director of Community Development BC/gk fsup.wp cc: Mayor & City Council RESOLUTION NO.= R-92-33 A RESOLUTION OF THE CITY OF SEBASTIANt INDIAI~ RIVER COUNTYt FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND BURNING FACILITYv PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY OF SEBASTIANv INDIAN RIVER COUNTY, FLORIDA~ PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE L~ND DEVELOPMENT CODE OF THE CITY OF SBB~BTIAN~ PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMITI PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING ~ SEVERABILITY CLAUSE; AND PROVIDING FOR ANEFFECTIVE DATE. WHEREAS, Henry Anthony Fischer, individually, ("the Applicant"), has applied for the issuance of a special use permit for the operation of a mulching and burning facility on a tract of land which is located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant, and his representative, have participated in various pre-application discussions with appropriate members of the City staff; and WHEREAS, the City staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and WHEREAS, at its regular meeting on May 21, 1992, the Planning and Zoning Commission recommended approval of the Applicant's request for the granting of a special use permit for the operation of a mulching and burning facility on a tract of land the Applicant owns located in the City of Sebastian; and WHEREAS, the City Council has considered the recommendations and comments of the Planning and Zoning Commission and the city staff; and WHEREAS, the City Council has conducted a public hearing after compliance with the provisions of Section 20A-2.6 D of the Land Development Code of the City of Sebastian to afford the input of comments and evidence from all 'interested persons, citizens and affected persons; and WHEREAS, the City Council has determined that the granting of the special use permit to the Applicant 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 Applicant's property that is the subject of the special use permit is located, and will reduce the use of the Indian River County landfill for disposal of land clearing materials; and WHEREAS, the city Council has determined that the use requested by the Applicant, that is, the operation of a mulching and burning facility, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF SEBaSTiAN, INDIAN RIVER COUNTY~ FLORIDA, that: Section 1, SPECIAL USE PERMIT. The application for the issuance of a special issue permit for the operation of a mulching and burning facility submitted by Henry Anthony Fischer, individually, for the real property located at North of County Road 512, East of the Sebastian River, and West of the western Sebastian city limits, in the City of Sebastian, Indian River County, . Florida, being more particularly described as follows: "The West 475 feet of the North 2356.24 feet of. the Northwest one-quarter of Section 23, Township 31 South, Range 38 East, lying West of the Sebastian River. Said land situate in Indian River County, Florida, and containing 25.69 acres, more or less. iS granted, subject to the requirements and conditions contained in this Resolution. ~ CONDITIONS OF APPROVAL ANDCONTINUATION OF THE SPECIAL USE PERMIT. The approval of the City Council of the application of the Applicant for a special use permit that is the subject matter of this Resolution and the continuation of such special use permit until its expiration (as provided for in Section 3 this ResolUtion) is conditioned on the continuous satisfaction of, and compliance with, the following requirements by the Applicant or his successors and assigns= " 1. Compliance with the provisions of all applicable federal and Florida statutes, rules and regulations, county ordinances and the ordinances and resolutions of the City of Sebastian, including, 'but not.by way of limitation, all sections of the Land Development Code of the City of Sebastian. 2. Securing all required permits from the Florida Department of Environmental Regulation, and all other state, federal, county and city agencies and departments. 3 3. Utilizing the private road designated by the Applicant as Watervliet Avenue (also known as the C.R. 510 extension), which is owned by the Applicant, for all vehicular traffic associated with the mulching and burning facility. · 4. Obtaining and maintaining an occupational license from the city for the mulching and burning facility. 5. Operating the mulching and burning facility in a manner that does not create any smoke, glare or other visual hazards in violation of Section 20A-5.15(C) (b) of the Land Development Code of the City of Sebastian. ~ EXPIRATION OF THE SPECIAL USE PERMIT. The Special Use Permit granted to the Applicant pursuant to this Resolution shall expire on such date that the subject property ceases to be used primarily as a mulching and burning facility or on such date as a building permit is applied for by the owner (or his or her agent or representative) of a lot ,located within the subdivision where the mulching and burning facility is located or on the two year anniversary of the granting of the special use'~ermit pursuant to this Resolution, whichever date first occurs. Section 4. CONFLICT. Ail resolutions or resolutions in conflict herewith are hereby repealed. parts of Section 5. 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 4 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. ~ EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Council Member ~~_/' Council Member .~/~.~ vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted on this ~day of ~ , 1992. Kathryn ~. O'Hallor~n, CMC/AAE city Cle~rk (Seal) I .HEREBY CERTIFY that notice of ublic he . . p arin~ on th__ Resolution was published in the Veto Beach Press Journal as required by Section 20A-2.6 D.1 of the Land Development Code of · the City of Sebastian, Florida, that one public hearin~ was held on this Resolution at 7:00 p.m. on the ~/day of ~ , 1992, and that following said public hearing this Re~61u~on ~s passed by the city, Council. I Kathryn ~M. O',Hanora~; eMC/AAE City Clerk Approved as to~d Content~ I 6 L .................. I i City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM Resolution No. R-93-54 National Flood Insurance Reform Act of 1993 A~PROVED FOR SUBMITTAL BY: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) C±tv Clerk 10/13/,9,3 Exhibits: R-93-54 w/ Backup Provided by Dr. Fallon EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: Dr. Peter Fallon was in my office this date with Councilmember Bob Freeland and requested that a Resolution be presented to City Council that has been adopted by Veto Beach and Indian River County relating to the "National Flood Insrance Reform Act of 1993". Dr. Fallon will be in the audience to answer any questions the City Council may have pertaining to the Resolution and backup material. RECOMME~ ACTION Review and adopt/deny Resolution No. R-93-54. RESOLUTION NO. R-95-54 A RESOLUTION OF THE CITY OF BEBied~TIAN, iNDIAN RIVER COUNTY, FLORIDA, OPPOBING BENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF ~993 AS IT IS CURRE~LY WORDED, AIgD RECOMMENDING CERTAIN CHANGES WHICH WOULD lq~E THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHERF~, the current Bill is being deliberated in the U.S. Senate as the National Flood Insurance Reform Act of 1993; and WHEREAS, the Bill recognizes the need for reform of the present National Flood Insurance Program (NFIP) to be more actuarily sound;'and WHEREAS, the Bill would require mapping the entire U.S. Coastline at a cost of $25-million from policy premiums to establish 30 year, and 60 year erosion control zones; and WHEREAS, the establishment of said 30 and 60 year erosion control zones is arbitrary and unpredictable throughout the entire coast of the United States on a standardized basis and is highly controversial; and WHEREAS, the Bill does not permit flood insurance for any new construction or additions to existing structures located within the 30 year zone; and WHEREAS, the Bill does not permit flood insurance for any nonresidential structure or residential structure that is not readily movable within the 60 year zone; and WHEREAS, existing structures .are grandfathered into the Bill but will ultimately be denied insurance after two claims totaling 50% within ten years; and WHEREAS, this Bill would greatly diminish the value of property within virtually every coastal community in the Nation because owners could not insure the structures of their property or sell to buyers having to finance the purchase of such property; and WHEREAS, the property appraiser of Indian River County has determined that the coastal properties within the City of Sebastian would generate over 40% of the entire City of Sebastian budget and has concluded that this Bill would drastically reduce the tax base of the City of Sebastian; and WHEREAS, this Bill would impose no similar prohibitions on the insurability of structures within the Riverine areas of the nation which are chronically and predictably flood prone, even though statistics show that number and value of flood insurance claims from Riverine areas have exceeded those from coastal areas; and WHEREAS, the severe economic impact of the Bill on coastal tax bases has not been fully considered; and WHEREAS, the Senate should not enact this Bill in its current form due to this inequity and fundamental unfairness to coastal property owners. NOW THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF SEBASTIAN, FLORIDA, THAT~ SECTION 1. The City Council urges the Senate to reject Senate Bill 1405 in its current form due to its devastating impact on the tax base and fundamental unfairness to the nation's coastal property owners and, in particular, those in Florida who make up more than 43 percent of all NFIP policy holders. SECTION 2. The City Council actuarial soundness of the NFiP strongly recommends that the be ! ! significantly increased by I enforcing regulations to mandate that the other 8.5 million uninsured structures to federally designated flood areas be brought into compliance. SECTION 3. The City Council recommends that the controversial and scientifically unreliable mapping to create 30 and 60 year coastal zones of erosion be deleted until the chronic and repetitive Riverine losses are addressed. SECTION 4. CONFLICT. All other 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 Councilmember vote, the vote was as follows: The motion was seconded by and, upon being put to a 3 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, FLORIDA By: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as ~/Form and Content: Charles Ian Nash, City Attorney 4 m COASTAL ADVOCATE, Inc a,/,,,o .~r'~ /,C.t" ,O,,..,-~o.-,/ 2101 Central Ave THE NATIONAL Prem£ums Paid In (1978 through 1991) vs. Cla£ms Paid Out (1978 to 4/30/92): ,,PREMIUMS IN ,.: .'"" P,O.Box47m ..~3 '"" Ship Bottom, Nj 08008 x (609) 361-055 FLOOD INSURANCE PROGRAM ' ~ State . CLAIM~ .OU1 ~ .PREMIUMS T~ CLAIMS m ~3,364,672 50~ 659,482 l,ll/ m L4,8~2,469 375 L9,338,958 86 )7,934,412 320 m 3,054,242 )6,02~,284 ~ m 6,940,336 315 m 101,517 2,779 m ~( ,443,270 1,222 ?(',879,097 259 m .~ ,692,892 294 508,915 1,013 )~ , 205,582 79 m ~, 886,763 129 . .~,812,161 124 ' ,2,529 ~ 768 126 m ;~ , 371,009 89 ~C,98G,552 78 252 m ,= ,4o~,402 54 ~ m :3,533,456 157 7,071,1~2 97 m 0,729,256 64 0,607,525 32 2,129,783 234 m 0,276,365 178 2,267.445 707 -- 5,291,888 172 691,252 235 618,354 2,000 )'~ 240 Kenne[h J. Smi[~ Presiden~ Alabama Alaska Arizona Arkansas Caiifornia Colorado Connecticut Delaware D.C. Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Harvland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York $46,875,439 7,329,362 55,714,254 16,531,705 344,823,555 25,749~320 63,202.426 21,828,251 2,820,607 1,911,536,341 54,146,718 86,119 40,238,920 5,155,598 65,575,999 32,118,043 14,603,670 17,082,769 42,443,411 58G,436,137 16,371,425 61,055,944 88,067,928 36,827,775 16,552,537 80,619,563 38,960,823 4,974,768 18,280,818 16,025,279 9,098,283 34G,588,962 12,317,142 201,024,859 Coastal Management Services (~.~h Restoration Lobbying by State CLAIMS ,OUT 93,364,672 14,862,469 19,338,958 107,934,412 36,026,284 156,443,270 20,879,097 13,692,892 83,205,582 24,886,763 11,812,161 13,529i768 60,942,315 657,371,009 20,986,552 24,211,060 162,406,402 23,533,456 17,071,112 120,729,256 120,607,525 10,276,365 147,691,252 138,520,863 COASTAL ADVOCATE, Inc. Sh~p  0T~L 5,7~4,595,961 3,755,510,26~ I I I Kenneth J. Smith B each Restoration Lobbying Pr~ wE ARE HERE TO SERVE YOU~ ,1840 nTH STREET VERO BE~CH, FLORIDA 32960 su~?,c~ 224-1480 (407) 770-5067 iNTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS FLORIDA CHAPTER HONORARY MEMBER TENNESSEE CHAPTER iAAO MEMBER OF THE Y~AR 1989 AMERICAN SOCIETY OF ARPRNSERS PROFESSIONAL APPR~sERs ASSOCIATION OF FLORI~ FLORIDA ASSerTION OF PROPER~ APP~ISERS David-C. N©ILm, A&A · INDIAN RIVER COUNTY PROPERTY APPRAISER Dr. Peter Fallon Septeff~ber 30, 1993 12930 Highway A1A Vero Beach Fl. 32963 Dear Dr. Fallon: It was distressing to hear that once again Congress is considering a bill that would have a major impact on the ability of local governments (coastal counties) to fund education, police, fire, repair roads, provide services for the needy, in short the whole range of local government services-without notifying the counties affected and holding local public hearings! How can it be, when legislation threatens 40% of the local tax roll that there is no fiscal impact study? Some of the proposed changes in the Federal Flood Insurance program could seriously impact over'S2,000,000,000 of the taxable value in Indian River County alone. That's $48,000,000 local tax dollars! I hope that this letter will alert our Congressmen to the fact that changes to this program effect more than just the property owners, their ability to get loans or their ability or rebuild after damage. These changes could seriously effect everyone who lives or works in a coastal county. Florida Statute 193.011 (2) mandates that we take into account ... "any law ... adopted by any government" that "restricts the development or improvement of property". Dr. Fa!lon, I hope the above proves useful. Sincerely, .- .... TESTIMONY OF DR. PETER M. FALLON BEFORE THE UNITED STATES SENATE SUBCOMMITTEE ON HOUSING AND URBAN AFFAIRS CONCERNING S. i405, "~HE, NATIONAL ~L~OD INSURANCE REFORM ACT OF 1993", SEPTEMBER, 14,1993. " MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, MY NAME IS PETER FALLON AND I REPRESENT THE NORTH BEACH CIVIC ASSOCIATION OF VERO BEACH, FLORIDA. THANK YOU FOR THE OPPORTUNITY TO TELL YOU HOW THIS BILL EFFECTS FLORIDA. WE FEEL THE NFIP HAS BEEN A VERY SUCCESSFUL PROGRAM AND AGREE THAT IT NEEDS SOME FINE TUNING. HOWEVER, THE THRUST OF ITS REFORM SHOULD ADDRESS THE 8.5 MILLION STRUCTURES IN FLOOD ZONES THAT ARE NOT CURRENTLY INSURED BUT SHOULD BE. THE PRESENT MISSISSIPPI RIVERINE FLOODING HIGHLIGHTS THIS SORRY.FACT. IF THE AVERAGE PREMIUM IS $300 AND ALL ii MILLION STRUCTURES AT RISK WERE INSURED,THE YEARLY PREMIUMS WOULD TOTAL 3.3 BILLION DOLLARS. I SUBMIT NO STORM EVENT WOULD EVER DEPLETE THIS FUND. HOWEVER, THIS BILL DOES MAKE IMPROVEMENTS TO ENFORCE COMPLIANCE AND THAT'S ENCOURAGING. IT DOESN'T TAKE A ROCKET SCIENTIST TO SEE THAT BY INCREASING THE POOL, WE'LL SPREAD THE RISK AND KEEP THE PROGRAM SOLVENT.' FLORIDA,S POLICY HOLDERS COMPRISE 43.PERCENT OF THE ENTIRE PROGRAM, WELL OVER A ~ILLION POLICIES. WE KNOW AND UNDERSTAND THE VALUE OF FLOOD INSURANCE. NOT ONLY THAT, BUT FOR EVERY DOLLAR ~A!D.O~T I~N CLAIMS. W_. ~ HAVE PA.!D...i~ $1222! THIS HAS BEEN AN EXTRAORDINARY RETURN~ON A VERY GOOD INVESTMENT. IT'S A FACT, THAT FLORIDA'S PREMIUMS HAVE 'PAID THE CLAIMS FOR A LARGE SHARE OF THE OTHER POLICY HOLDERS. TO A GREAT DEGREE, FLORIDA IS THE NFIP. WE HAVE WILLINGLY PAID OUT THESE PREMIUM DOLLARS BECAUSE IT IS AN .INSURANCE PROGRAM. NOW, WITH S.1405 WE ARE SHOCKED AT THE ATTEMPT TO TURN A VIABLE AND SELF SUPPORTING iNSURANCE PROGRAM INTO A FEDERALLY BACKED LAND GRAB. MAKE NO MISTAKE. IF THIS BILL IS PASSED WITH ITS HIGHLY CONTROVERSIAL AND SCIENTIFICALLY UNRELIABLE EROSION ZONES IT WILL BE A DISASTER FOR OUR TAX BASE. ' HOW CAN THIS BE? WELL, VIRTUALLY ALL OF FLORIDA'S COASTAL PROPERTIES WILL BE IN THE 30-60 YEAR ZONE AND BECAUSE OF THEIR HIGH REAL ESTATE VALUES THEY GENERATE ENORMOUS TAX REVENUES. LEGISLATION LIKE S.1405 THAT IMPACTS THE TAX BASE RESULTING IN THE ULTIMATE LOSS OF A COASTAL PROPERTY'S INSURABILITY WILL CAUSE A CORRESPONDING LOSS_OF THE PROPERTY'S MARKET VALUE AND ABILITY TO BE MORTGAGED. THiS BILL DENIES. FLOOD INSURANCE TO NEW CONSTRUCTION AND WILL CAUSE THE ULTIMATE REMOVAL OF INSURANCE TO EXISTING STRUCTURES IN THE 30-60 YEAR ZONES, IN WHICH, I REMIND YOU, VIRTUALLY ALL OF FLORIDA'S COASTAL PROPERTIES EXIST. THIS WILL CAUSE THEIR VALUE TO PLUMMET, AND WITH NO MARKET VALUE, PROPERTY ASSESSMENTS WILL ALSO GO SOUTH. FLORIDA IS THE ORIGINAL CONDOMINIUM STATE. THIS BILL AND ITS RESTRICTIONS POSE INSORMOUNTABLE PROBLEMS FOR OUR CONDOS. IF ONE FIRST OR SECOND FLOOR OWNER RECEIVES THE LIMIT IN CLAIMS AND HIS FLOOD INSURANCE IS DENIED, THE ENTIRE MASTER POLICY FOR THE BUILDING WILL BE CANCELLED. WITHOUT INSURANCE, ALL FDIC MORTGAGES WILL BE CALLED. MANY RETIREES WILL SUFFER DEARLY, ALL BECAUSE OF THESE ZONES. ALSO, HOW DOES A CONDO COMPLY WITH THE REGULATIONS TO ELEVATE AND BE "READILY MOVABLE" FOLLOWING STORM DAMAGE? IT'S INTERESTING TO NOTE THAT OUR PROPERTY APPRAISER, MR. DAVID NOLTE, HAS DETERMINED THAT THE COASTAL PROPERTIES OF INDIAN RIVER COUNTY GENERATE OVER $48 MILLION DOLLARS IN TAX REVENUES. THIS IS OVER 43 PERCENT OF OUR ENTIRE COUNTY BUDGET. THIS MONEY FUNDS OUR FIRE AND POLICE PROTECTION AND CONSTITUTES 26 PERCENT OF OUR ENTIRE SCHOOL BUDGET. -- IN OUR SMALL COUNTY ALONE, HE HAS ESTIMATED THAT THE COST IN LOST TAX DOLLARS WOULD HAVE THE SAME EFFECT AS A HURRICANE ANDREW EAC~H AN~D E.__VERY YEAR'. IF THIS INCOME IS NO LONGER GENERATED, EVERYONE ON THE MAINLAND WILL HAVE TO MAKE UP THE DIFFERENCE. I SUBMIT THAT THIS BILL FAR EXCEED~S ITS INTENT IF IT ENDS UP RAISING TAXES ON EVERYONE WHO DOE~-~-'T LIVE ON THE COAST. BECAUSE FLORIDA HAS THE GREATEST AMOUNT OF POLICYHOLDERS AND AN EXCELLENT, NON REPETITIVE CLAIM RECORD(UNLIKE THE RIVERINE AREAS), WE FEEL THAT THE INTRUSION, NO, THE VIOLATION OF OUR PROPERTY RIGHTS BY THE FEDERAL GOVERNMENT MAPPING THESE 30-60 YEAR ZONES WILL GUARANTEE SiGNiFICANT AND TIME DELAYING LITIGATION. LET'S EXAMINE MAPPING THE 30-60 YEAR EROSION ZONES. ALL COASTAL ENGINEERS AGREE ON ONE THING: THAT EROSION IS NEITHER PREDICTABLF NOR...STANDAR~DD. FURTHERMORE, IT'S PROPOSED TO USE A BASELINE REFERENCE FEATURE FROM WHICH TO MEASURE EROSION THAT'S NOT EVEN FIXED. IT MAKES NO SENSE TO USE A PHYSICAL LANDMARK LIKE A DUNE CREST OR VEGETATION LINE THAT'S SUBJECT TO SHIFTING BY WIND OR WATER. WE SUGGEST THAT SPENDING 25...MILLION DOLLARS OF OUR PREMIUM MONEY ON A MAPPING PROGRAM THAT'S NOT SCIENTIFICALLY VALID IS WASTEFUL. ENTER NOW THE 30 YEAR ZONE OF EROSION. WHY 30 YEARS AND NOT 18 OR 22 YEARS? BECAUSE THAT'S BEEN THE LIFE OF A TRADITIONAL MORTGAGE. THIRTY YEARS HAS NO SCIENTIFIC BASIS AS AN EROSION FACTOR YET THIS BILL IS ARBITRARILY USING THAT NUMBER AND THEN DOUBLING IT TO PENALIZE VIRTUALLY ALL OF FLORIDA,S COASTAL TAX BASE. WE SEE NO PLACE IN A SUCCESSFUL INSURANCE PROGRAM FOR SUCH A LAND MANAGEMENT INTRUSION, ESPECIALLY IN FLORIDA, THE LEADER IN COASTAL ZONE MANAGEMENT AND ESTABLISHMENT OF CONSTRUCTION SETBACKS. IN FACT, OUR ENFORCEMENT OF COASTAL' BUILDING STANDARDS HAVE RESULTED IN THESE STRUCTURES EXPERIENCING 78% LESS DAMAGE THAN THOSE NOT BUILT TO THE SAME SPECIFICATIONS. MR. CHAIRMAN, WE HEARTILY APPLAUD: -THE NEW BANKING REGULATIONS TO MANDATE COMPLIANCE~ -THE PROVISION FOR THE INCREASED COST OF CONSTRUCTION, -THE INCREASE IN COVERAGE AMOUNTS BUT WE STRONGLY ~OPPOSE THE ARBITRARY AND SCIENTIFICALLY UNSUBSTANTIATED CREATION OF EROSION ZONES THAT WILL DESTROY PROPERTY VALUES, TAX BASES, AND PROPERTY RIGHTS OF THE HUNDREDS OF THOUSANDS OF AMERICANS LIVING ON OUR COASTS. IN VIEW OF THE CURRENT MISSIPP~ODIN~-~~ FINANCIAL CONSEQUENCES OF THIS PROPOSED LEGISLATION-~Ry OUT FOR FURTHER REVIEW AND STUDY. WE ARE VERY WORRIED THAT IF A STORM DOESN'T GET US, THE GOVERNMENT WILL. WE URGE YOU TO NOT LET THE GOVERNMENT DO US MORE DAMAGE THAN A STORM. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANC,~ REFORM .A~,T 0.F..1993 AS IT IS CURRENTLY WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LAW ACCEPTABLE. WHEREAS, THE CURRENT BILL IS BEING DELIBERATED IN THE SENATE AS THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993; AND WHEREAS, THE BILL RECOGNIZES THE NEED FOR REFORM OF THE PRESENT NATIONAL FLOOD INSURANCE PROGRAM TO BE MORE ACTUARIALY SOUND; AND WHEREAS, THE BILL WOULD REQUIRE MAPPING THE ENTIRE U.S. COASTLINE AT A COST OF 25 MILLION DOLLARS FROM POLICY PREMIUMS TO ESTABLISH 30 YEAR, AND 60 YEAR EROSION CONTROL ZONES; AND WHEREAS, THE ESTABLISHMENT OF SAID 30 AND 60 YEAR EROSION CONTROL ZONES IS ARBITRARY AND UNPREDICTABLE THROUGHOUT THE ENTIRE COAST OF THE UNITED STATES ON A STANDARDIZED BASIS AND IS HIGHLY CONTROVERSIAL; AND WHEREAS, THE BILL DOES NOT PERMIT FLOOD INSURANCE FOR ANY NEW CONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES IN .THE 30 YEAR ZONE; AND WHEREAS, THE BILL DOES NOT PERMIT FLOOD INSURANCE FOR ANY NONRESIDENTIAL STRUCTURE OR RESIDENTIAL STRUCTURE THAT IS NOT READILY MOVABLE IN THE 60 YEAR ZONE; AND WHEREAS, EXISTING STRUCTURES ARE GRANDFATHERED iNTO THE BILL BUT WILL ULTIMATELY BE DENIED INSURANCE AFTER TWO CLAIMS TOTALING 50% WITHIN TEN YEARS; AND WHEREAS, THIS BILL WOULD PROHIBIT FEDERALLY BACKED .MORTGAGE FINANCING INSTITUTIONS FROM FINANCING STRUCTURES WITHIN FLOOD PRONE AREAS UNLESS SUCH STRUCTURES WERE INSURED UNDER THE NATIONAL FLOOD INSURANCE PROGRAM; AND WHEREAS, THIS BILL WOULD THEREFORE GREATLY DIMINISH THE VALUE OF PROPERTY WITHIN VIRTUALLY EVERY COASTAL COMMUNITY IN THE NATION BECAUSE OWNERS COULD NOT INSURE THE STRUCTURES ON THEIR PROPERTY OR SELL TO BUYERS HAVING TO FINANCE THE PURCHASE OF SUCH PROPERTY; AND WHEREAS, THE PROPERTY 'APPRAISER OF INDIAN RIVER COUNTRY HAS DETERMINED THAT THE COASTAL PROPERTIES OF SAID COUNTY GENERATE OVER 48 MILLION DOLLARS IN TAX REVENUE AND THIS AMOUNT IS 43 PER CENT OF THE ENTIRE INDIAN RIVER COUNTY BUDGET AND HAS CONCLUDED THAT THIS BILL WOULD DRASTICALLY REDUCE THE TAX BASE OF INDIAN RIVER COUNTY; AND WHEREAS, THIS BILL WOULD IMPOSE NO SIMILAR PROHIBITIONS ON THE INSURABILITY OF STRUCTURES WITHIN OTHER AREAS OF THE NATION WHICH ARE CHRONICALLY AND PREDICTABLY FLOOD PRONE, SUCH AS THE RIVERINP AREAS, EVEN THOUGH STATISTICS SHOW THAT NUMBER AND VALUE OF FLOOD INSURANCE CLAIMS FROM RIVERINE AREAS HAVE EXCEEDED THOSE FROM COASTAL AREAS; AND WHEREAS, THE SEVERE ECONOMIC IMPACT OF THE BILL ON COASTAL TAX BASES HAS NOT BEEN CONSIDERED AND THIS IMPACT FAR EXCEEDS THE INTENT OF THE BILL; AND WHEREAS, THE SENATE SHOULD NOT ENACT THIS BILL IN ITS CURRENT FORM DUE TO THIS INEQUITY AND FUNDAMENTAL UNFAIRNESS TO COASTAL PROPERTY OWNERS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: OF COUNTY THE BOARD URGES THE SENATE TO REJECT SENATE BILL 1450 IN ITS CURRENT FORM DUE TO ITS DEVASTATING IMPACT ON THE TAX BASE AND FUNDAMENTAL UNFAIRNESS TO THE NATION'S COASTAL PROPERTY OWNERS AND, IN PARTICULAR, THOSE IN FLORIDA WHO MAKE UP MORE THAN 43 PERCENT OF ALL NFIP POLICY HOLDERS. THE BOARD STRONGLY RECOMMENDS THAT THE ACTUARIAL SOUNDNESS OF THE NFIP BE SIGNIFICANTLY INCREASED BY ENFORCING REGULATIONS TO MANDATE THAT THE OTHER 8.5 MILLION UNINSURED STRUCTURES IN FEDERALLY DESIGNATED FLOOD AREAS BE BROUGHT INTO COMPLIANCE. 3. THE BOARD FURTHER RECOMMENDS THAT THE CONTROVERSIAL AND SCIENTIFICALLY UNRELIABLE MAPPING ~TO CREATE 30 AND 60 YEAR COASTAL ZONES OF EROSION BE DELETED UNTIL THE CHRONIC AND REPETITIVE RIVERINE LOSSES~:ADDRESSED. BUBOOHHZT?EE O~ ~OUS;~G Hon. Paul S. Sarbanes United States Senate 309 Hart Building Washington, DC 20510 Hon. Richard H.'Bryan United States Senate 364 Russell Building Washington, DC 20510 Hon. Christopher S. Bond United States Senate 293 Russell Building Washington, DC 20510 Hon. William V. Roth Jr. United States Senate 104 Hart Building Washington, DC 20510 Sen. Riegle chairs the full committee; Sen. D'Amato is ranking minority. Both serve ex officio. Sen. Sarbanes Chairs the Subcommittee. Hon. Donald w. Riegle U. S. Senate 105 Dirksen BUilding Washington, DC 20510 Hon'. Christopher j. Dodd United States Senate 444 Russell Building Washington, DC 20510 Hon. Carol Moseley-Braun United States Senate 708 Hart Building Washington, DC 20510 Hon. Connie Mack United States Senate 517 Hart Building WashingtOn, DC 20510 Hon. Pete v. Domenici United States Senate 427 Dirksen Building Washington, DC 20510 Hon. Alfonse M..D'Amatc United States Senate 520 Hart BUilding i Washington, DC 20010 Hon. John F. Kerry United States Senate 421 Russell Building washington, DC 20510 Hon. Barbara Boxer United States Senate 112 Hart Building Washington, DC 20510 Hon. Lauch Faircloth United States Senate 716 Hart Building Washington, DC 20.510 i i i I I I I I I I I I I I I i i I 37 1 (b) TRANSITION.--The Director of the Federal 2 Emergency Management Agency (hereafter in this title re- 3 ferred to as the "Director") may pay amounts under flood 4 insurance contracts for demolition or relocation of struc- 5 tares as provided in section 1306(c) of the National Flood 5 Insurance Act of 1968 (as in effect immediately before the 7 date of enactment of this Act) only during the 1-year pe- 8 riod beginning on the date of enactment of this Act. ~) SEC. 406. IAMITATIONS ON NEW FLOOD INSURANCE COV- 10 ERAGE IN EROSION HAZARD AREAS. 11 The National Flood Insurance Act of 1968 (42 12 U.S.C. 4001 et seq.) is amended by inserting after section 13 1313 the following new section: 14 'SEC. 1314~ PROPERTIES LOCATED WITHIN 30-YEAR AND 60- 15 YEAR EROSION HAZARD AREAS. 15 "(a) PROPERTIES LOCATED ~VITI-I[N 30-YF_,~ ERO- 17 SION ~ A~_~.--After the establishment of erosion 18 hazard areas under section 1360(i), the Director may not 19 make flood insurance available within a 30-year erosion 20 hazard area with respect to any new-- 21 "(1) construction: or 22 "(2) addition to an existing structure, if the ad- 23 dition makes the structure not rea~lily movable. 24 "(b) PROPERTIES LOCATED WITHIN 60-YEAR ERO- 25 SION ~D Ar~A ~ OUTSWE 30-YE~ EROSION *S 1405 IS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 HAZ,kaD .AREA.--After the establishment of erosion haz- ard areas under section 1360(i), the Director may make flood insurance available with respect to any new-- "(1) nonresidential structure; "(2) residential structure that is not readily movable; or "(3) addition to an existing structure, if the ad- dition makes the structure not readily movable; that is constructed or relocated landward of the 30-year erosion hazard area and within the 60-year erosion hazard area established by the Director under such section.". SEC. 407. ~ EROSION STUDY. (a) SruDY.--The Director shall conduct a study to determine the feasibility of identifying and establishing rive~ne croton hs.zard areas, erosion rates, and baseline reference features, and the best methods of community management of such hazards consistent with section 1361 of the National' Flood Insurance Act of 1968. In conduct- ing the study, the Director shall-- (1) investigate and assess existing and state-of- the-art technical methodologies for assessing riverine erosion; (2) examine and evaluate natural riverine proc- esses, environmental conditions, human-induced changes to the banks of rivers and streams, exam- 1405 IS I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REAPPOINTMENT, CONSTRUCTION BOARD JOHN LAMAN, GENERAL CONTRACTOR JERALD E. SMITH, REGULAR MEMBER Approved For Submittal By: City Manager ) Dept. Origin: Community Development ) (BC) ) Date Submitted: 09/~.7./93 For Agenda Of: 10/13/93 Exhibits: Applications for: 1) John Laman, 2) Gerald E. Smith 3) Joseph W. Schulke EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the Construction Board meeting held September 14, 1993, a motion was made by Mrs. Enlow, seconded by Mr. Haney to recommend to City Council the reappointment of John Laman, General Contractor, to serve a second term to expire September, 1996. At the same meeting, a motion was made by Mr. Haney, seconded by Mrs. Enlow to recommend to City Council the reappointment of Gerald Smith, Regular Member, to serve a first full term to expire September, 1996. RECOMMENDED ACTION Move to reappoint John Laman, General Contractor and Jerald Smith, Regular Member, both for additional 3 year terms to expire September, 1996. SEBASTIAN POLICE ~o~ o.,:. sox 7,0~7 DEPARTN[ENT s,~,,,. ~ 3~7~-o~ ~7 ............ (~7) ~.~=~ I~.~ ~ ~, ';'.,,, ~RO~ : Investigator willim Re~er S~JZC~: Want/Warrant Check - Applic~t Jo~ ~k L~n A check for wants/warrants for' the applicant/board member reveal that: above referenced ~ No active want or warrant for subject is on file. [ ] An active warrant or want does exist and' follow up will occur. [ ] Holds valid Florida Drivers License. Investigator v ~ .... Sebastian Police Department TO: FROM: SUBJECT: DATE: i I I City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 I TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 M E M O Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk I~yestiaa~io~ - Boar~~ John Mark Laman September 9, 1993 Attached please find board application of John Mark Laman, for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure . 3. 4. 5. 6. 7. 8. DRIVERS LICENSE NUMBER: 9. RESUME OF EDUCATION AND EXPERIENCE: ,~'Ar&', ,~'~"/ ~"q'~''/~'" (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. Are you a resident of the City? Yes No/ 12. Length of Residency 13. Do you hold a public office? Yes No /' 14. Do you serve on a City Board at present? Yes,/No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE '" 16 What qualifications do you have to serve on, 17. What reasons do you have for wishing to serve on an advisory board? 18. ~ave you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any'st~ ' Yes __No ~ 19. Would you consider serving on another Boar~ther than the one(s) you selected above? Yes J No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information removal,requested in this application is cause for disqualification or I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me/~---~ ~ Subscribed and sworn to befo e this ~ day of ~~-- , 19~3 , by ~0~ ~A~k ~3%~ , w-~is ..~natlY k~~ to-~ or has Droduced - ~iden~ification. ( SEAL ) ~~~~'i~] ~otary ~bli~ ~a-~e of F~o~ida Nam~ ~'~' Notary (Printed or Wype~'i' Commission No. \ws-form\application I S EB ASTL~N POLICE DEPARTmeNT MEMORANDUM DATE : September 14, 1993 Office Box 780127 Sel=as~ian, -Ft. 32978-0127' (407) 589-5233 TO FROM SUBJECT Kathryn M. O'Halloran, City Clerk Investigator Willi~ Render Want/Warrant Check - Applicant Jerald E. Smith, Sr. A check for wants/warrants for the above referenced applicant/board member reveal that: ~ No active want or warrant for subject is on file. [ ] An active warrant or want does exist and'follow up will occur. Holds valid Florida Drivers License. Investigator Sebastian Police Department TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 M E M O Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk ~nvestiqation -B~dAmDlication Jerald ~ Smith, Sr. September 3, 1993 Attached please find board application of Jerald E. Smith, Sr., for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure PPLICATION TO SERVE ON CiTY BOARD 3. HOME TELEPHON~: ~~ ~'~fl 4. US NESS: · 6. BUSINESS TELEPHO~: 7. SOCIAL SECURITY ~ER: O~--~O (use additional sheets if necessa~ or submit resume if available) 11. Are you a resident of the City7 Yes No~ 12. Length of Residency 13. Do you hold a public office? Yes No~ 14. Do you serve on a City Board at present? Yes~ No.,, 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") · BOARD OF ~STMENT CEMETERY CO~ITTEE · CODE ENFORCEMENT BOARD · CONSTRUCTION BOARD · PLA~ING AND ZONING HANDICAPPED CO~ITTEE . What qualifications do you. have to serve on this board? 17. ~hat reasons do ~ou have for wishing to serve on an advisor board? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? 19. Would you consider serving on another Board othe~t~an the one(s) you selected above? Yes No ~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all · information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenneSs, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is misdemeanor,indicated or informed against for the commission of any felony or I hereby authorize the Sebastian Police Department to run an active warrant check on me. A~li6an~ sigha%ure .... ' to'"'me or has Produced _ ' ..... ~~dentification. (SEAL) ' Not~ry PSbli~, Sta~e of ~6'rida Commission No. \ws- form\ appl i cation I [ SEBASTL4N POLICE · DEPA.R NT Post Office Box 780127 Sei3tsfian. FL'32978-0127 '. .~ ~'~(407) above referenced or warrant for subject is on file. An active warrant or want does exist and'follow up will I . MEMORANDUM I DATE . September 14, 1993 " TO : Kathryn :. O'Halloran, City Clerk I FRoM : Investlgat°r~- Joseph I SUBJECT. Want/Warrant Check - Applicant W. Schulke I A check for wants/warrants for the applicant/board member reveal that: I ~ No active want or warrant f ,r subj~ [ ] OA~CC~t. ive warrant or want d, ~.s exist I~ Holds valid Florida Drivers License. I ~nVe~tigatOr " Sebastian Police Department City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 M E M 0 I TO: Earle Petty, Chief' of Police I FROM: Kathry? M. O'Halloran, Cxty Clerk I SUBJECT: Investl~ation _- Board ADmlication Joseph W. S~hulke I DATE: September 9, 1993 I Atta.ched please fin.d board applicat, lon' of Joseph W. Schulke, I for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. I I ! /js Enclosure ~ I APPLICATION TO SERVE ON CITY BOARD _,~F. ~! 2.1' MoMENAME: Joseph W. SchulkeADDRESS: ~~~~' 466 Caravan Terrace, Sebastian. FL 329~~-~,,, 3. HOME TELEPHONE: 589-9045 BUSINESS: William J. Schulke, Inc. - Building Contractor BUSINESS ADDRESS: 1249 Larkspur Streetr Sebastiant FL 32958 BUSINESS TELEPHONE: 388-1876 Vt SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: See attachDd (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. 12. i3. 14. 15. Are you a resident of the City? Yes X No Length of Residency Do you hold a public office? Yes No X Do you serve on a City Board at present? 2 Yr. 9 Mo. Yes~ Nox_x__ PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD -~ *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? 1. Resident of the City of Sebastian 2 Florida'"Licensed B~ildlng Contractor activ~'ly engaged in construct~ion in Sebastian (Lic. No. CBC 050073BC) 3. Florld~ Licensed Profes~iOnai Engineer (Lic. No. P.E. 47048) 17. What reasons do you have for wishing to serve on an advisory board? As a concerned resident of Sebastian, I would like to actively enqage in serving the community in a positive manner. 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or .any state? - Yes No X 19. W~uld you consider serving on another Board other than the one(s) you selected above? Yes No X I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant Signature Subscribed and sworn to before me this 8th day of September , 19 9% by Joseph W. Schulke ........ who is personally known to me x0xrx~%e~k~xxxxxxxxxxxxxxxxxxxxxxxxxxm~~ (SEAL) '" -- PATTI W. £SPiCH Notary Public, ~tate of Florida Patti w. Es~.ich Name of Notary (Printed or Typed) CC252213 Commission No. \ws-form\application JOSEPH W. SCHULKE 466 Caravan Terrace Sebastian, Florida 32958 (407) 589-9045 Education - Reqi~ratio- 0 University of Miami, Coral Gables, Florida Bachelor of Science, Civil Engineering, May 1989 Bachelor of Science, Architectural Engineering, May 1989 o Registered Engineer Intern, Registration No. 1088 EL 326, August 1989 Florida Certified BuildingContractor, License No. CBC 050073BC (Active 1990) Florida Registered Professional Engineer, License No. 47048 (1993) Employment Experienc~ Lloyd &.Associates, Inc.. Consulting Engineers and Surveyors 1'835 20th ~treet Veto Beach, Florida 32960 Positions: 1985 - 1986 1987 Part Time Part Time McO~een & Associates., Inc. Consulting Engineers and Surveyors 780 22nd Place, Suite 201 Veto Beach, Florida 32960 Survey Crew Draftsman Positions: 1987 - 1989 1989 - 1993 Part Time Full Time Kniaht, ~cGuire & Associates~ inc. Consulting Engineers and Planners 830 Azalea Lane, Suite 204 Veto Beach, Florida 32963 Project Engineer Project Engineer Positions: 7/93 - Present William. J. Schulke, Inc. Building Contractor 1249 Larkspur Street Sebastian, Florida 32958 Project Engineer Positions: Personal 1985 - 1990 1990 - Part Time Laborer/Admin. Duties Vice-President/Consultant and Qualifying Agent for Licensure Birthdate: December 6, 1965 Birthplace: Atlantic City, New Jersey Married: 12/90 Spouse: Nadia Alejandra I I I I I I I I I i I I I SEBAS~POLICE OFFICERS' RE NT TRUST FUND POST OFFICE BOX 780127 '® SEBASTIAN, FLORIDA 32978 TELEPHONE: CITY HALL (407) 58S-5330 · POLICE DEPARTMENT (407) 589-5233 FAX (407) 589-5570 October ll, 1993 City Council Members City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Appointment of Member I I I I I Please be advised that on October 11, 1993, the members of the Sebastian Police Officers' Retirement Trust Fund Board have appointed, by unanimous vote, Judy Robinson as the fifth member of the Board. Ms. Robinson is an accountant with fifteen years experience and for the past eight years has owned and operated Bookkeeping Unlimited located in Micco, Florida. Ms. Robinson has been a resident of Little Hollywood since 1981. We feel she will be an asset to our Board. Sincerely, Gore, Chairman, Sebastian Police Officers' Retirement Trust Fund GG:map "Serving Those Who Have Served Us." City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 13, 1993 - 7:00 P.M. CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. There was no invocation since Reverend Barber did not attend. 4. 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 City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Utilities Director, Richard Votapka Finance Director, Marilyn Swichkow Personnel Director, Wendy Widmann Deputy City Clerk, Sally Maio Regular City Council Meeting October 13, 1993 Page Two 93.283 AGENDA MODIFICATIONS .{ADDITIONS ~ DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Mayor Powell requested that the consent agenda be moved up prior to the public hearings. MOTION by Oberbeck/Corum I would move that we move the consent agenda item 8 up to Agenda Modifications, make it item 5A. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 5.A. CON~NT 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 - 9/22/93 Regular Meeting, 9/29/93 Special Meeting, 10/6/93 Special Meeting, 10/6/93 Workshop RESOLUTION No, R-93-49 - Crime Scene/Evidence Technician Job Description (Acting Police Chief Transmittal dated 10/4/93, 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. 2 Regular City Council Meeting October 13, 1993 Page Three 93.303 C. 93. 304 93.305 93.306 93.307 93.308 RESOLUTION ~O. ~-93-52 - Interpreter ServiCes in. Accordance with ADA (Personnel Director Transmittal dated 10/7/93, R-93-52, contract) 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 AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE DEAF SERVICE CENTER OF THE TREASURE COAST, INC. ("DSC") TO PROVIDE INTERPRETER SERVICES ON AN AS NEEDED BASIS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO, ~ - Trihalomethane Control for Ail Potable Water Drinking Systems Serving General Public (Utilities Director Transmittal dated 10/5/93, R-93-53) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WHICH PROMOTES AND ENCOURAGES THE FLORIDA STATE LEGISLATURE IN PASSING A NEW LAW REQUIRING TRIHALOMETHANE (THM) CONTROL FOR ALL POTABLE DRINKING WATER SYSTEMS SERVING THE GENERAL PUBLIC WHEREIN THE THM'S EXCEED THE ESTABLISHED ENVIRONMENTAL PROTECTION AGENCY MAXIMUM CONTAMINANT LEVEL (MCL); PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE. Waiver of Bidding Procedure - City Clerk - NCR Computer System Hardware and Software - $ 9,163.00 (City Clerk Transmittal dated 10/6/93) Waiver of Bidding Procedure - Finance Department - Two Laptop Computers - Color Notebook by Texas Instruments - $9,953.86 (Finance Director Transmittal dated 10/6/93) Waldo & Martha Allen - Specimen Tree Removal Request - One Oak - Lot 10, Block 302, Unit 10 SH (Director of Community Development Transmittal dated 10/7/93, Application, Map) Judy Marsiglia - Request Use of Community Center - Wedding Reception - 11/27/93 - 12 pm and 5 pm - A/B - Security Paid - DOB 11/16/67 (City Clerk Transmittal dated 9/22/93, Application) 3 Regular City Council Meeting October 13, 1993 Page Four 93.309 I. 93.310 J. Gloria MacGraw -'Request Use of Community Center - 50th Anniversary - 11/6/93 - Five Hours - A/B - Security Paid - DOB 1/3/34 (City Clerk Transmittal dated 9/29/93, Application) Christ the King Lutheran Church - Request Community Center - Fall Festival - 10/23/93 - Waive Rental Fee - Security Paid (City Clerk Transmittal dated 9/27/93, Application, Sherratt Letter dated 9/27/93) The City Clerk/Acting City Manager read the consent agenda in its entirety, including titles for Resolution Nos. R-93-49, R-93-52 and R-93-53. Mrs. Corum removed items F and J, Mrs. Damp removed items D and F. MOTION by Oberbeck/Freeland I would move that we approve items A, B, C, E, G, H, and I of the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye 93.304 MOTION CARRIED 5-0 Item D - RESOLUTION NO. R~93-53 ~ Trihalomethane Eontro1 for All ~ ~ Drinking S s_y_~_%_9~ Servinq General public Mrs. Damp suggested that the first whereas clause be changed due to the city's purchase of the GDU facility. The Utilities Director responded this is a request for general law and that the purchase is not yet complete. MOTION by Damp/Corum I make a motion that we approve the Resolution of the R-93-53 as written. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 4 Regular City Council Meeting October 13, 1993 Page Five 93.306 93.310 93.302 Item ~ z ~ver of Biddina ~r~ z FSDance Department - Two ~ Computers ~ ~olor NoteboQk bv Texas Instruments Mrs. Corum inquired about the justification for bid waiver and the City Attorney responded that City Council had the ability to waive for good cause. The Finance Director explained the purchase. MOTION by Corum/Oberbeck I move the approval of item F of the consent agenda. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item ~ ~ Christ the Ki~l~ Lutheran Church - Request Community Center m Fall Festival Mrs. Corum noted that the church had paid full fee in error, suggested that non-profit groups pay half fee in the future, and based on that made the following motion. MOTION by Corum/Damp I move the approval of item J of the consent agenda for no cost. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 A. Proclamation = ~ Buddy PoDDv Davs Mayor Powell read and presented the proclamation to Art Shilling and Dorothy Pallow of the VFW. 5 Regular City Council Meeting October 13, 1993 Page Six 93.262 The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. Fe¥/Gilliams ~ Use Permit i ~ ~ continuation of 9J22/93 Hearing (Community DevelODm~B~ Transmittal ~ated 10/6/~.~.~ Pelan ~ dated 9/27/93. coope~ ~ dated 10/1/93. PelaD ~ dated 10/6/93. Barkett Letter~ 10/6/93, Dietz Fax dated 10/5/93. All 9/22/93 ~ Mayor Powell inquired whether this public hearing must be continued as a court procedure, and the City Attorney responded that, in his opinion, in accordance with a Florida Supreme Court decision in the Snyder vs. Brevard County Board of County Commissioners case, the City Council had no choice but to conduct this as a court proceeding. Mayor Powell opened the public hearing at 7:15 p.m. The City Attorney stated that the applicant, staff and people who had signed up previously may want to offer additional testimony during this hearing. The Director of Community Development, upon being sworn in, noted that additional information and a revised site plan were provided by the applicant, discussed fire department concerns and requested that any approval be subject to fire department approval, indicated concern relative to noise levels and projectiles from some types of machinery, and noted a that he had not received confirmation from Indian River County regarding traffic impact. Regular City Council Meeting October 13, 1993 Page Seven Discussion took place, subsequent to questions to the Director of Community Development posed by the City Attorney and Attorney Barkett, relative to the existence of an improvement on the subject property, compliance with the Indian River County solid waste ordinance based on that improvement and whether subdivision procedures are appropriate in this case. The City Attorney suggested that perhaps certain issues and conditionas need to be addressed by the applicant and staff before the City Council can make a legislative decision on this matter. The Director of Community Development continued his presentation regarding the requirements of the Land Development Code relative to subdivision. TAPE i - SIDE II (7:47 p.m.) Mr. Oberbeck inquired about a letter from Eugene Freeman, an abutting property owner, and the Director of Community Development responded and noted that the notification requirement is directory, and not mandatory, in accordance with Section 20A-2.6 of the Land Development Code. The City Attorney called on those who had previously signed up to ascertain whether anyone had questions for the Director of Community Development. Greg Golien, 711 Wimbrow Drive, Sebastian; and Frances Dye, Arbor Street, made inquiries to the Director of Community Development. Ail others signed up to speak from the September 22, 1993 meeting either declined or were absent. Attorney Barkett introduced Paul Parton, President of Atlantic Equipment and Systems, 251 SW 145th Street, Ocala, Florida, and upon being sworn in, Mr. Parton presented testimony from Caterpillar relative to equipment decibel levels and safety measures and Attorney Barkett submitted a specification brochure and videotape to staff and City Council. City Council declined to view the videotape. The city Attorney inquired what type of machinery the applicant intends to use. Mr. Patton said the applicant is considering the Caterpillar Diamond Z Wood PWG 1260, model 3412. Regular City Council Meeting October 13, 1993 Page Eight Mr. Oberbeck .said he had visited the site and inquired whether this jeopardized his vote on the matter. Attorney Barkett said he had no objection to the visit and the City Attorney inquired if anyone on the sign-up sheet present had any objection and there was no response. The Director of Community Development suggested that waiver of objection to site visits be placed on application forms and the City Attorney concurred. Mayor Powell inquired whether anyone on the sign-up list had any further testimony to submit. Sal Neglia, 461 Georgia Boulevard, Sebastian, on behalf of the Sebastian Highlands Property Owners; and Arthur Firtion, 750 South Fischer Circle; upon being sworn in, offered testimony to City Council. Mayor Powell called recess at 8:20 p.m. and reconvened the meeting at 8:35 p.m. Ail members were present. Attorney Bruce Barkett, representing applicant Richard Fey, sole owner of the property, presented his client's request for a five year special use permit under Section 20A-2.6 of the Land Development Code to operate a a mulching and recycling facility, maintaining that it has been shown that his client can comply with recommended conditions, and urged approval unless it can be proven that there is substantial evidence that the facility would be a detriment to the public health, safety and welfare. The Director of Community Development advised that there are exemptions listed on noise specifications submitted by Attorney Barkett, and advised that City Council must find that the use "will not be detrimental to the public safety, health, welfare or be injurious to other properties or improvements within the immediate vicinities to which this 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". 8 Regular City Council Meeting October 13, 1993 Page Nine TAPE II - SIDE I (8:50 p.m.) The City Attorney expressed concern for items shown on the site plan and whether they would be deemed to be improvements under the Indian River County ordinance, and suggested that people signed up to speak be allowed to make closing statements. Attorney Rene Van de Voorde, representing Janee Morchesky, abutting property owner, inquired whether City Council received Mrs. Morchesky's letter dated September 23, 1993 and Mr. Barkett objected to the City Council being in possession of this letter since he had not received a copy. The City Attorney noted that any letters received were public record and available for public review in the City Clerk's office. Mr. Van de Voorde continued. Harry Thomas, 654 Balboa Street, Sebastian, and Keith Miller, 961 Riviera Avenue, Sebastian, upon being sworn in, offered testimony. Mr. Miller spoke on debris from L.I. Tree Service trucks and Attorney Barkett objected and requested that this evidence be stricken from the record. Mayor Powell closed the public hearing at 9:00 p.m. Subsequent to each City Council member's input on the special use permit and consensus as to the proposed facility's adverse impact on the welfare of adjacent property owners, motion was made as follows. MOTION by Oberbeck/Corum I would move to deny the request of Fey/Gilliams special use permit for mulching. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 9 Regular City Council Meeting October 13, 1993 Page Ten 93.246 B. Fischer Smecial Use Permit : ~ and Burnina J_~of ~ommunitv Development Transmittal dated ~ Application. Cooper Letters dated ~ and 7130/93. R-92-33. ~ou~d Information ~acket ~ Separate Cover) Mayor Powell called recess at 9:24 p..m. and reconvened the meeting at 9:33 p.m. Ail members were present. Mayor Powell opened the public hearing at 9:33 p.m. Vice Mayor Oberbeck and Mrs. Corum said they had visited the site, and Attorney Warren Dill, representing applicant Henry Fischer, waived any objections relative to visits to the site. The Director of Community Development presented a videotape of the subject site. The City Attorney, said for the record, that the Director of Community Development is under oath, and the Director of Community Development gave a brief presentation explaining that this application is presented to Council for amendment of the site survey and additional five years upon termination of the current special use permit as approved in 1992, subsequent to Mr. Cooper finding that the area had exceeded the site plan as submitted, even though the approving resolution states approximately 25 acres. He noted that any approval would have to be in compliance with fire marshall approval and went on to discuss complaints to various agencies. TAPE II - SIDE II (9:46 p.m.) The Director of Community Development continued his presentation relative to noise level readings on the east side of the Sebastian River. In response to City Attorney inquiries the Director of Community Development said the applicant has never been required to file a performance bond on the special use permit and said, in his opinion, that the applicant was in violation of the current resolution showing a site specific area. 10 Regular City Council Meeting October 13, 1993 Page Eleven Melody Manning, 7925 92nd Avenue, Veto Beach, Veto Lakes Estates, submitted a packet of information and photographs to City Council and Attorney Dillo submitted aerial hp_~ to C~ Ms. Manning said she hired someone to take the photographs and Attorney Dill did not object to their submission. Ms. Manning, upon being sworn in, made inquiries to the Director of Community Development. Sal Neglia, 461 Georgia Boulevard, Sebastian, made an inquiry to the Director of Community Development. Attorney Warren Dill, representing Henry Fischer, said the applicant is requesting to amend the current permit to reconfigure the use area and to request an extension to five years subsequent to expiration of the current permit. He said all fire safety code requirements will be met, submitted letters from the Fire Marshall and local builders, and noted that the applicant is investigating moving the facility further to the west and annexing that property into the city. At 10:28 motion was made. MOTION by Oberbeck/Corum I would move to continue this hearing to our meeting of October 27. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Mayor Powell adjourned the meeting at 10:30 p.m. and the following items, not addressed, will be carried forward to the October 27, 1993. 9. PRESENTATION~ - None 11 Regular City Council Meeting October 13, 1993 Page Twelve 10. ~%YOR ~ CITY COm~CI~ ~ A. ~r. Robert ~ 93.311 1. 11. 12. 13. 93.312 93.313 SO]~_~~~0. R-93-54 -. National Flood Insurance Reform Act of 1993 - Recommending Changes (City Clerk Transmittal dated 10/7/93, R-93-54) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS IT IS CURRENTLY WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. B. Mavo~ Lonnie R. Powell c. Vice-Ma¥0r Frank~ D. Mrs. ~ Coru~ E. Mrs. N0rma Damp ~ ~TTORNE¥ M&TTERS CITY MANAGER MATTERS O0MM,ITTEE REPORTS/RECOHMENDATIONS A. Construction Board Reappoint John Laman and Jerald Smith for Additional Three Year Terms to Expire September 30, 1996 (Director of Community Development Transmittal dated 9/17/93, 3 Applications) Confirm Appointment of Fifth Member to Two Year Term to Expire 10/95 (City Clerk Transmittal dated 10/7/93) 12 I City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Amendment to City Council Minutes - 9/8/93 and 9/22/93 f 0~__/.~.ROVED FOR SUBMITTAL BY: ~y Manager: Dept. Origin ci~ Clerk Date Submitted 10/19/93 For Agenda of ~0/27./93 Exhibits: Pgs. 4 and 5 of 9/8/93 Pgs. 10 and 12 of 9/22/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: ~ STATEMF, NT Upon review of action items from the September 8, 1993 meeting, a member of my office staff discovered that: On September 8, 1993 the agenda referred to Resolution No. "R-93-37" as the Interlocal Agreement with Indian River County for Solid Waste. That number should have been "R-93-47" as was assigned to the Community Development Department and indicated on the resolution and transmittal sheet. (See pages four and five of the 9/8/93 minutes) ® The number R-93-47 was not entered in our computer list of resolution numbers when it was assigned to the solid waste resolution and the number R-93-47 was then reassigned to another resolution for job description for Engineering/Public Works Technician and adopted on September 22, 1993. (See pages ten and twelve of the 9/22/93 minutes) Resolution R-93-47 (Engineering/Public Works Technician job description - must be changed by assigning it the next available resolution number - Resolution No. R-93-60. We will administratively amend the title page of the resolution establishing the Engineering/Public Works Technician job description to "R-93-60" and redistribute the amended R-93-60 to all those with SOPs. RECOMM I) Move to amend, in legislative format, the September 8, 1993 City Council minutes to change "R-93-37" to "R-93-47" on pages four and five; and the September 22, 1993 City Council minutes to change "R-93-47" to "R-93-60" on pages ten and twelve. A copy of this transmittal sheet will be attached'to both sets of minutes. 2 I i I I I I I I i I i i I i I I I i Regular City Council Meeting September 8, 1993 Page Four 93.273 93.266 93.274 93.085 93.275 ~ ~0~ R-93-44 - Vacation of Easement - Kocher (City Clerk Transmittal dated 9/2/93, R- 93-44, Director of Community Development Letter dated 9/1/93, Application w/ Survey) A RESOLUTION OF THE CITY'OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE SOUTHEAST FIVE FEET OF THE NORTHWEST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 44, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBi 7-56I, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. ~_0~NO. R-9~-~ R-93-47 - Interlocal Agreement - IRC/City of Sebastian - Solid Waste Disposal District (Director of Community Development Transmittal dated 9/2/93, R-93-37, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING; PROVIDING FOR AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A CURBSIDE RECYCLING PROGRAM PURSUANT TO THE SOLID WASTE MANAGEMENT ACT OF 1988; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Reviewed 9/1/93) Steve Schwartz - Request Specimen Tree Removal - Two Pines - Lot 7, Block 71, Unit 2, Sebastian Highlands (Director of Community Development Transmittal dated 8/31/93, Application, Survey) Reschedule Public Hearings for Sebastian Lakes Developers Agreement to 11/10/93 and 11/24/93 (Director of Community Development Transmittal dated 9/1/93, City Engineer Memo dated 8/13/93, Picerne Development Letter dated 9/1/93) Craft Club of Sebastian - Use Riverview Park - Approve Show Schedule - 10/2/93, 11/6/93, 12/4/93, 1/1/94, 2/5/94, 3/5/94 w/Rain Dates Following Day - Standard Conditions (City Clerk Transmittal dated 8/26/93, Deyter Letter dated 8/24/93) 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-9~-~ R-93-47. 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. ADDrOVal O~ 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 I I I Regular city Council Meeting September 22, 1993 Page Ten 93.281 C. 93.282 93.283 RESOLUTION ~Q, R-99-4~ R-93-60 - 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. ~ NO~ ~-93-48 - 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. O~NO... ~-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. 10 Regular City Council Meeting September 22, 1993 Page Twelve Mrs. Corum removed items H and I. The City Attorney read titles for Resolution Nos. R- 93-45 (Item B), R-99-4~ R-93-$0 (Item C) and R-93-48 (Item D). Mrs. Corum removed items F and D~ (Items D, E, F, H and I were removed) Mayor Powell called for a motion to approve items A, B, C, D, G, J, K and L. MOTION by Corum/Damp I make a motion to that effect with the exclusion of item D for clarification. ROLL CALL: Mr. Oberbeck - absent Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - absent Mayor Powell - aye MOTION CARRIED 3-0 (Oberbeck and Freeland absent) 93.282 Item ~ ~ RESOLUTION NO. R-93-45 ~ m~ and Medical Leave Mrs. corum requested that all occurrences of "must" and "will" be changed to "shall". City Council concurred. MOTION by Corum/Damp I make a motion to approve item D of the consent agenda with corrections - Resolution No. R-93-48. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - absent Mayor Powell - aye Mr. Oberbeck - absent MOTION CARRIED 3-0 (Oberbeck and Freeland absent) MOTION by Damp/Corum I make a motion that we extend the meeting another five minutes. 12 I City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RESOLUTION NO. R-93-55 ABANDONMENT OF EASEMENT Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community Development (BC) Date Submitted: 10/2193 For Agenda Of: 10/27/93 Exhibits: 1. Resolution No. R-93-55 2. Application dated 10-1-93 3. Survey for Lot 1, Block 396, Sebastian Highlands Unit 11 4. Memo from Dan Eckis dated 10-5-93 5. Site plan approved 5-10-85 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. & Mrs. Leonard Edwards are the owners of Lots 1 and 2, Block 396, Sebastian Highlands Unit, 11 with a street address of 110 Ablett Terrace. In May of 1985 they applied for a building permit to put an addition on their home which is located on Lot 1. A permit was issued based on the site plan information submitted with their application. The site information, however, was incorrect. A survey of the property reveals that the addition encroaches onto Lot 2 and the utility easements of both Lots 1 and 2. Mr. & Mrs. Edwards were advised by staff to request the abandonment of those easements. Staff has no objections to this request. RECOMMENDED ACTION Move to approve Resolution No. R-93-55. RESOLUTZON NO. R-93-$5 ~ RESOLUTION OF THE CZTY OF 8EB~BTI~, ZNDZAN HZVER COUNTY, FLOHZD~, V~C~TING, ~,BOLZBHING, ]~Bi~;DONZNG, ~ DZSCONTINUZ~G THE I$EST SZZ FEET OF LOT ~, ~ THE E&ST SZX FEET OF LOT 2 PUBLZC UTZLZTYiM~D DIt~IN~GE F~SF~ENT, BLOCK 396, 8EB~TZ~N HZG~B UNIT ZZ~ ~CCORDING TO THE PL~T THEREOF, RECORDED ZN PBZ 7-$6L, PUBLIC RECORDS OF ZNDZJ~N RIVER COITI~TY, FLORIDa; PROVIDING FOR REPF.~L OF RESOLUTIONS OR PETS OF RESOLUTIONS ZN CONFLICT HERE1;ZTH; PROVIDING FOR RECORDZNG; I~D PROVIDING FOR ~ EFFECTIVE D~TE. BE IT RESOLVED BY the City Council of the City of Sebastian, indian River County, Florida, as follows: That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The west six feet of Lot 1, and the east six feet of Lot 2 public utility and drainage easement, Block 396, Sebastian Highlands Unit 11, according to the plat thereof, recorded ib PBI 7-56L, Public Records of Indian River County, Florida. SECTION Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of indian River County, Florida. ~N ~V This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was duly passed and adopted by the City Council of Sebastian, Florida, this day of , 19 . CiTY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared Lonnie R. powell and Kathryn M~ O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. · · , * * WITNESS my hand and seal in Indian River County, Florida, the day of , 19 . H. Joanne Sandberg NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Charles I. Nash, Clty Attorney 2 CITY OF EE2&ST3I:AN APPLICATIO~ FOR V~C~TIO~ OF ~~{S) (This request shall no be ~ unlee~ completed ~n full) ADDRESS: //O ~.~A)m~ . ~: ~.~ ~/W,, ,ff~ *Individual, corporation, '~'tc. - if oo~orat$on apply corporate LEGAL DESCRIPTION OF REAL PROPERTY ON WHI~ EAS~E~ EXISTS: (At{s~h descr~ption on attaChment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building Offioisl) APPROZIMATE SIZE OF EASEMENT: {~ feet in length ~ in width (~xple~ in de,et1 your need ~0 release this easement) I H~REBY CBRTI~ ~h~t I, the Appllcent, own the re~l pro~er~y on which the eesement I =equest to veoate exists, or Z em ~u~hortze~ to 9resent thl~ ~equest %o vacate by the owner of the TeB1 prope~y ~ Please Print N~me Here Attach hereto the following: ( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of lend on which the easement exists, with parcel(s) of lsnd sdJacent to the essement requested to be vscated. SHOW THE EASEMENT CLEARLY ON DRAWINO. ( ) 2. Complete legal description of the parcel of lend on which (N/A) the easement exists if the full description cannot be placed on the lines provided shove for the description. ( ) ~. Written suthort~tion of the owner of the parcel of land (N/A) on which the easement exists if the applicant i~ not the owner. ( )4. (N/A) ( ) 5. ( ) 6. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, 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. ~.C]< .~2. {~-~o~-~ OTHEr: Date Received by the Office of the City Clerk By: file: sban.app , kt.l · f DATE: TO: FROM: RE: City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MEMORANDUM October 5th, 1993 Kathryn M. O'Halloran City Clerk .~ Daniel C. Eckis, P.E City Engineer/Public Works Director Easement Abandonment Lots I and 2 Block 396 Sebastian Highlands Unit 11 I have reviewed the request for an abandonment of easement for Lots 1 and 2 of Block 396 and I have no objection to the abandonment provided that both lots are owned by Mr. and Mrs. Edwards. Should you have any questions or need any additional information, please feel free to contact me regarding this matter. 1131 I miracle mile City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Regulation of Basic Cable TV Rates Approved For Submittal By: oJ y Manager Agenda No. Dept. Origin Date Submitted For Agenda of 10/20/93 10/27/93 Exhibits: Resolution R-93-56 and FCC 328 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY ,STATEMENT On June 13, 1990, City Council adopted Resolution No. R-90-22 imploring the U.S. Congress to grant to municipalities the authority to regulate basic cable rates. Since that time, Congress has enacted the 1992 Cable Television Consumer Protection and Competition Act pertaining to regulations of cable television providers. One of the provisions of this act was to grant local franchise authorities, like the City of Sebastian, the right to seek certification from the Federal Communications Commission (FCC) for the purpose of regulating basic level cable television subscriber rates for cable systems operating within their jurisdiction. Appropriate City staff have prepared the necessary form (FCC 328) for filing with the FCC to seek certification to regulate basic cable service rates in Sebastian. Adoption of Resolution No. R-93- 56 will authorize the immediate filing of this form. RECOMMENDED ACTION Move to adopt Resolution No. R-93-56. RESOLUTION NO. R-93-56 A RESOLUTION OF THE CITY OF SEBASTI~N, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO SEEKING CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION (F.C.C.) TO REGULATE BASIC LEVEL SERVICE FOR CABLE TELEVISION PROVIDERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Congress has enacted the 1992 Cable Television Consumer Protection and Competition Act pertaining to regulations of cable television providers; and WHEREAS, local franchise authorities have been granted the right to seek certification from the Federal Communications Commission (F.C.C.) for the purpose of regulating basic level cable television subscriber rates; and WHEREAS, the City of Sebastian residents are provided cable services by Falcon Communications Systems, Inc.; and WHEREAS, Falcon Communications Systems, Inc. are without any effective competition in the City of Sebastian franchise area; and WHEREAS, Falcon Communications Systems, Inc. services approximately 90% of the population of the City of Sebastian; and WHEREAS, recent amendments to the Falcon Communications Systems, Inc. billing practices has resulted in approximately 80% of City of Sebastian customers being effected by the basic level service rates; and WHEREAS, the City of Sebastian, is the only authority vested with the ability to regulate basic level service rates for citizens within the City of Sebastian; and WHEREAS, the City Council of the City of Sebastian desires to protect the citizens of the City of Sebastian through rate regulation of basic level cable services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. F.C.C. CERTIFICATION. This City Council of the City of Sebastian hereby directs the City Manager to file with the F.C.C. all appropriate and necessary documentation and applications to seek certification of the City of Sebastian to regulate cable providers basic level service rates. ~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SectiQ~ 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 2 The foregoing Resolution was moved for adoption by Council- member . The motion was seconded by Councilmember being put into a vote, the vote was as follows: 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 Wadtbqm~ o. c 2os~4 FCC 328 For FCC Use Only CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATEs AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION 3. Name of Franchisin$ Authority City of Sebastian Mailing Addr~ 1225 Main Street I Sme l ziP Code ce/ Sebastian !FL.] 32958 (407) 589-5330 Pemon to contact with re~pe~ to this form: Christopher Moore, C.P.A. WIll your franchising authority adopt (within 1:20 days of certification) and administe~ r~ulations with r~spoct to basic cable service that are consistent with the rugulations adopted by the FCC pursuant to 47 U.S.C Section 543(b)1 2. i. Name (s) and addr~(as) of cable system(s) and as~:lated FCC community .unit identiflews within your jurisdiction. (Attach addition~ sheets if necessary.) i Cabie$ _,/s~_'un__'s Name , , Falcon,'Cable:.Mecfia (Falcon2Cable TV} Mallin~ddmss P.O. Box 7802q9  '~ ZIP Code c~ Sebastian 32958 Cable System's FCC Community Unit Identifier:. FL 0235 Cable System's Name Mailing Addren City IStat~ 1 ZIP Code Cable System's FCC Community Unit Identifier:. 2. b. Name (s) of system(s) and associated community unit identifier(s) you claim are subject to regulation and with respect to which you are filing thb certifkafion. (Attach ader~unal sheets if necessary.) Name of Systam ' ~ Community Unit I -. Falcon Cable .T Identifier FL 0235 I Community Unit I Identifier ' a o, [[]:. r-l.o ibted in 2J~.l r~Yes E~No With respect to the franchising authority's regulations refewed to in Question 3, [~--~ Yes ~]No a. Does your franchising authority have the legal authority to adopt thamT '-' r~yes ~No b. Does your franchising luthority have the pemonnel to administer thamt 5. Do the procedural laws and re~latlons I"lYe5 t tN° applicable to rate regulation proceedin~z by your ~ranchisin~ authorit~ provide a reasonable opportunity for consideration of the views of imerested partiesT ~'lYes E~No 6. The Commission presumes that the cable s~tam(s) liked in 2.b. is (are) not subject to effective competition. Based on the definition below, do you have reason to believe that this presumption is correct! (Effective competition means that (a) fewer than 30 percent ef the househo/ds in the franchise area subscribe to the cable service Of a cable syJtam; (b) the h~nchise area is (i) served by at least two unaffiliated multichanneJ video proszammin8 distributors each of which offers comparable video progFamming to at least 50 percent of the households in the franchise area; and (i~ the number of households subscHbin; to proLq'dmming services offered by muitJchanneJ video programming distributors othet than the largest muJtichanneJ video proErammin~ distributor exceeds lS percent of the househ(gds in the franchise area; or (c) a multichannel video programming distril)utor operated by the franchisin$ authority for that franchbe area offers v~deo proErdmming to at least SO percent of the homeholds in that franchise area.) T~le '~ st~** ':' "':' ___. Accountant .. ,: ... Date '" WlLU:UL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY RNE AND/OR IMPRISONMENT (U.S. CODE TITLE 18, SECTION 1001). :., Return the original and one copy of this certification form (as indicated in instructions), along with any attachments, to: Federal Communications Commission Attn: Cable Franchising Authority Certification P,O. Box 18539 Washington, D. C. 20036 FCC 328 AugU~l 1993 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE(407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM Resolution No. R-93-57 Urging Legislation to Stop Unfunded Mandates ROVED FOR SUBMITTAL BY: Agenda No. Dept. origin ci~ Clerk Date Submitted For Agenda Of !0/27/93 Exhibits: Resolution No. R-93-57 Bird Letter dated 10/11/93 Macht Fax dated 10/15/93 Macht Letter dated 10/14/93 IRC Resolution EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Indian River County Commission Chairman, Richard Bird and Member, Kenneth Macht have submitted Indian River County Resolution No. 93-174 to Mayor Powell and requested that the City of Sebastian adopt a similar resolution to be sent to federal and state legislators. With the concurrence of Mayor Powell, my office staff has prepared Resolution No. R-93-57. RECOMMENDED ACTION Move to adopt Resolution No. R-93-57 and send it to state and federal legislators. RESOLUTZON NO. R-93-$7 A RESOLUTION OF THE CZTY OF SEBASTZ~, [NDZ~I RZVER COUNTY, FLORIDA, URGZNG CONGRESS ~ THE FED~ ADHINZSTR~TZON TO F.N~CT LEGISL~TZON THaT WOULD RELIEVE COUNTZES ~ID CZTZES OF ~I,L OBLIGATIONS TO ~Y OUT ~ NE~ I~,NDATE ]~.ZSING FROH FEDEI~3~ L~W, REGULATION OR POLICY UNLESS FED~ FUNDS ~tE PROVIDED~ PROVZDING FOR REP~ OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLZCT HEREWITH; ~ PROVZDZNG FOR ~ EFFECTZVE DATE° WHEREAS, the number of unfunded federal mandates on counties and cities has significantly increased during the last decade, while many federal programs, which were made available to local governments to ease the burden of carrying out federal mandates, have been terminated or drastically reduced; and WHEREAS, such mandates stem from federal laws and regulations that require counties and cities to provide services and programs, and perform certain responsibilities without providing federal funding for such services; and WHEREAS, by shifting costs to counties and cities, unfunded federal mandates breach the underlying principles of federalism which assumes a working partnership and shared responsibilities between the federal, state and local governments; and WHEREAS, American citizens are unaware of the impact of unfunded mandates on local services and their own local taxes; and WHEREAS, risk assessment is an essential component to any cost benefit analysis of mandates and should be included in all bills that impose mandates on counties and cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBA~TI~, as SECTION 1- URGING ENACTMENT OF LEGISLATION. Congress and the Administration are urged to enact legislation that would relieve counties and cities of all obligations to carry out any new mandate arising from federal law, regulation or policy unless federal funds are provided and to reimburse local governments for the costs of complying with existing federal mandates. ~ ~,. PROVISION FOR ASSESSMENT OF FUTURE MANDATES. Congress and the Administration are urged to include in any future mandate, a provision that requires federal departments and agencies to provide scientifically sound assessments of purported health, safety or environmental risk prior to the imposition of any new mandate on local governments. SECTION ~. "NATIONAL UNFUNDED MANDATES DAY~ The City Council of the City of Sebastian supports a "National Unfunded Mandates Day" to be held October 27, 1993, during which county officials in all counties will be urged to hold press conferences in coordination with local and state officials to draw public attention to the problems imposed on counties by unfunded federal mandates. SECTION 4. CONFLICT. Ail other 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 Councilmember Councilmember vote, the vote was as follows: was moved for 'adoption by The motion was seconded by and, upon being put to a 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, 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 Telephone: (407) 567-8000 BOARD OF CO UNTY COMMISSIONERS 1840 25th Street, Veto Beach Florida 32960 October 11, 1993 The Honorable Lonnie Powell City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor Powell: The Board of County Commissioners adopted a resolution relating to unfunded mandates at their October 5, 1993 meeting. Enclosed is a courtesy copy for your review. We request that each municipality adopt a similar resolution to be sent to federal and state legislators. Sincerely, Richard N. Bird Chairman RNB:Rw Enclosure (1) .L IND.L HIN iiI ~'AX ~0: 1~:6~ NO.UU~ P,U1 I Z~O~J~D OF CO UJVTy ' i '... k*'~ ':~;,~ p "' ... .. D.g. ;'AI2TI'I EH'X'/D 't V.i:$ Z ON~ DATE ~ ~_ · ' ;' ~ , : . ' -'--- . ' ' ' }'ROM: . ~ Page~ at the end,of this tranamission, please call ~~ (407) 5a7-8000,' ~xLension ~. . ~ at BOARD OF COUNTY COA4NIISSIONER$ $~40 25tA Street, Veto Brach, Flon'da 32960 Telephone: (~d07) :567-8000 October"14~ 1993 I The Honorable Tom Lewis U. S, House of Representatives 231S,Rayburn House Office Bldg. WashLngton, D.C. 20515 i Dear Tom: I . The National Association of Counties is mounting a nationwide campaign to end unfunded federal mandates. The I · R~ver County Comm/ssxon has forwarded a o,,~-~ ........ ndian that effect. The onerous effects of unf~L~~'~-~%,~es°zuuz°n to -~=u manua~es are many I and are %ncreasingly destructive to local governmental o er ' . A stgnif~can~ portion of our ann,,~ ~..~--~ ~ .... P atxon mandates, many of which serve no~LL-t~Ttt-~t ~e~o~ea tO ~ederal very Oescruccive. I - - - -~ mua'puse ano some that are The PresidenC has not kept his word to sign no unfunded i mandates. The very day following that promise he signed tWol Our reliance for relief is with , the Congress. It is your responsibility to pass no legislation that obligates county and municipal i ~overnments to appropriate funds for legislation without their consent. . I believ~ that the practice of one level of overnm I ~mpose financxal requirement- ~- --~-- . g ent to threats to freedom ~-d~v--~5~-~'° ~,u~,~..~s ~mong the chief Please act to end ' ~ ~-~Auy aha cons=xtutxonal democracy. this destructive practice. KRM:rs cc: Sen. Patsy Kurth Sen. William Myers Hon. William Posey Hon. Charles Sembler Kenneth R. Macht Commissioner P. ESOL~TION NO. 93-174 A P.E~OLUTION OF- THE BOARD OF COUNTY CO~ISSION~RS OF INDIAW RI~ER COUNTY, FLORIDA, URGIN~ CONG~P~S AND LEGISLATION THAT WOULD COUNTIES AND CITIF~ OF ALL OBLI(~ATIONS TO CARRY OUT ANY N~W MANDAT~ ARISIN~ FROM ~uERAL LAW, P.P~I~ATION OR POLICY UNLESS FED~%L F~NDS A~E PROVIDED. WI~T. EAS, the number of unfunded federal mandates on counties and cities have significantly increased during the last decade, while'many federal programs, which were made available to local governments to ease the burden of carrying out federal mandates, have been terminated or drastically reduced; and #~n~EAS. such mandates stem from federal laws and regulations that require counties and cities to provide services and programs, and perform certain responsibilities without providing federal funding for such services; and WHEREAS, by shifting costs to counties and cities, unfunded federal mandates breach the underlying principles of federalism which assumes a working partnership and shared responsibilities between the federal, state and local governments; and ~, American citizens are unaware of the impact of unfunded mandates on local services and their own local taxes; and WHEREAS, risk assessment is an essential component to any cost benefit analysis of mandates and should be included in all bills that impose mandates on counties and cities: NOW, THEREFOP. E, BE IT P-ESOL~ED BY -~-~,~; BOARD OF COUNTY CO~ISSI~ OF INDI/tN RIVER COUNTY, FLORIDA, that Congress and the Administration is urged to enact legislation that would relieve counties and cities of all obligations to carry out any new mandate arising from federal law, regulation or policy unless federal funds are provided; and BE IT POK~'~ RESOLVED that Congress and the Administration are urged to enact legislation to reimburse local governments for the costs of complying with existing federal mandates; and BE IT FURTHER RESOLVED that Congress and the Administration are urged to include in any future mandate, a provision that requires federal departments and agencies to provide scientifically sound assessments of purported health, safety or environmental risk prior to the imposition of any new mandate on local governments; and BE IT Fuka~K RESOLVED that indian River County supports a "National Unfunded Mandates Day" to be held October 27, 1993, during which county officials in all counties will be urged to h~ld ~rees conferences in coordination with local and state officials to draw public attention to the problems imposed on counties by unfunded federal mandates. The resolution was moved for adoption by Commissioner Adams, and the motion was seconded by Commissioner Eggert, and, upon being put to a vote, the vote was as follows: RESOLUTION NO. 9~-174 Chairman Richard N. Bird Vice Chairman John W. Tippin Commissioner Carolyn K. Bggert Commissioner Fran B. Adams Commissioner Kenneth B. Macht Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 5 day of October, 1993. Attest: Jeffrey K. BartDn, Clerk BOARD OF COUNTY CO~ISSIONERS iNDIA~ RIVER COUNTY, FLORIDA Richard N. Bird, Chairman City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: GDU Purchase Agreement Approved For Submlttal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: Finance (MS) !~20/93 10/27/93 .R-93-61 eAgreement EXPENDITURE AMOUNT APPROPRIATION REQUIRED: * BUDGETED: * REQUIRED: * SUMMARY STATEMENT Pursuant to the conclusion of Chapter 180 Public Hearings, numerous task force meetings and subsequent negotiations between the City of Sebastian and General Development Utilities, a Purchase and Sale Agreement has been executed. At its meeting of September 29, 1993, City Council authorized the Mayor and Acting City Manager to execute this purchase agreement for the General Development Utilities Water and Sewer System upon the completion of negotiations. At that time it was agreed that council members would receive copies of the agreement when completed. A copy of the fully executed agreement is attached. RECOMMENDED ACTION Move to adopt Resolution No. R-93-61, ratifying the fully executed purchase agreement for the General Development Utilities Water and Sewer System. *Purchase will be completed utilizing funds generated via bond issue specifically for this purpose. RF OLUTION NO. R-93-61 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, R~TIFYIN6 THE PURCHASE ~ND S~E AGREENENT ~8 EXECUTED BY THE N~YOR ~ CITY CLERK, ON BEH~F OF THE CITY~ BETWEEN THE CITY OF SEBASTIAN ~ ~~ DEVELOPNENT UTILITIES, INC. FOR PURCI~J~SE OF THE SEBASTIAN WATER ~ WASTE~TER SYSTEM; PROVIDING FOR REPF~t3~ OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN COI~FLICT RERENITH; PROVIDING FoR SEVER~BILITY; ~ND PROVIDING FORA NEFFECTIVE DATE. WHERF~, as a result of Chapter 180 Florida Statutes public hearings conducted to ascertain whether the purchase of the General Development Utilities, Inc. Sebastian water and wastewater system is in the public interest; and WHEREAS, in accordance with authorization of the City Council at its September 29, 1993, regular meeting, for execution of the purchase and sale agreement for the General Development Utilities, Inc. Sebastian water and wastewater system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section ~. A~REEMENT. The City Council of the City of Sebastian, Indian River County, hereby ratifies the purchase and sale agreement between the City of Sebastian, Florida and General Development Utilities, Inc. for the Sebastian Water and Wastewater System, as executed by the Mayor and City Clerk, on behalf of the City, a copy of the Purchase and Sale Agreement having been attached to this Resolution as Exhibit "A" and by this reference incorporated herein. Section ~. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section ~. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. S_Dction 4. EFFECTIVE DAT~. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember seconded by Councilmember being put into a vote, the vote The motion was and, upon was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed 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 3 CITY OF SEBASTIAN, FLORIDA/ GENERAL DEVELOPMlgNT UTILITIF S, INC. WATER AND SEWER SYSTEM PURCHASE AND SALE AGREEMENT ~THI$ AGREEMENT is made and entered into this day of ~O~ ~--~ , 1993, by and between the CITY OF SEBASTIAN, FLORIDA ("CITY"), and GENERAL DEVELOPMENT UTILITIES, INC., a corporation authorized to do business in the State of Florida ("UTILITY"). RECITALS 1. UTILITY is the owner of a water production, storage, treatment, transmission, and distribution system, and a wastewater treatment, transmission, collection and effluent disposal system (hereinafter referred to collectively as the "Sebastian Water and Wastewater System" or the "System") known as the Sebastian. Highlands Water and Sewer System located primarily within the boun- daries of the CITY OF SEBASTIAN, FLORIDA. 2. Pursuant to the governmental powers provided in Chapters 163, 166, and 180, Florida Statutes, and other applicable laws, 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. UTILITY agrees to sell the System to CITY. 4. CITY has examined UTILITY's Water and Wastewater System Assets, has examined its existing financial structure, has examined the long-range needs and goals of CITY relative to the provision of water and wastewater service to its present and future citizens, and has ~etermined that the execution of a purchase and sale agreement for the acquisition of the Water and Wastewater System Assets is in the public interest. 5. CITY desires to acquire the System upon the terms and conditions hereinafter set forth in this Agreement. ACCORDINGLY, in consideration of the above Recitals and bene- fits 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: SECTION 1. RECITALS. The above Recitals are true a~d cor- rect, and form a material part of this Agreement. SECTION 2. PURCHASe_AND SALE OF WATER AND WASTEWATER SYSTEM. UTILITY agrees to sell and CITY agrees to buy the complete System, consisting of all real, personal and mixed property used or held for use in connection with the System, hereinafter referred to as the "Purchased Assets" or the "Water and Wastewater System Assets" or the "System." The Purchased Assets shall not include any cash derived from monthly rates of UTILITY received by UTILITY, except as set forth in Sections 3 and ll hereof. SECTION 3. PURCHASED ASSES. On the Closing Date, as defined below, UTILITY shall sell, assign, transfer, convey and deliver to CITY, and CITY sh. all purchase, accept and pay for all of the right, title and interest, in and to the following property and assets: 3.1. ~al Property. Ail real property (the."Property"), owned by UTILITY in fee simple, as described in Exhibit "3.1" attached hereto and made a part hereof, whereupon all water production, 'storage, treatment, transmission, and distribution facilities and wastewater treatment plant, wells, pumping stations, effluent disposal areas and all other water and wastewater service facilities are located. 3.2. Plant and Other FaCilities. Ail right, title and interest of UTILITY in and to the following assets owned by UTILITY: all water production, treatment plant, storage, treatment, transmission, distribution, pumping, and other water facilities, including, without limitation, water wells and fire hydrants, 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/or wastewater service connections, and all other water and wastewater physical facilities and property installations in use in connection with the operation of the System by UTILITY. -~. Machinery and Equipment. Ail machinery, equipment vehicles, tools (other than non-motorized hand tools), laboratory equipment, office equipment and other personal property (other than inventory as described in Paragraph 3.13), owned by UTILITY located on the Property or utilized by UTILITY exclusively in the operation of the System, including, but not limited to, those items more particularly described in Exhibit "3.3" attached hereto and incorporated into this Agreement. 3,~. Other RiGhts. Ail rights, privileges, easements, licenses, prescriptive rights, rights-of-ways, and rights to use public and private roads, highways, streets, and other areas owned by UTILITY for the construction, reconstruction, maintenance and operation of the System of UTILITY and the Purchased Assets (collectively referred to as the ',Easements"). The Easements are more particularly described in Exhibit "3.4" attached hereto and incorporated in this Agreement. CITY and UTILITY acknowledge and agree that, as additional consideration for UTILITY entering into this Agreement, CITY shall convey to UTILITY within five (5) days following the execution of this Agreement by both parties hereto, those certain Easements set forth and described in Exhibit "3.4" attached hereto and incorporated in this Agreement. Such conveyance shall be a conveyance by the CITY of all of its right, title and interest in those certain Easements, collectively referred to herein as the "CITY Easements". The CITY Easements shall be signed by authorized representatives of CITY and delivered to UTILITY in the form attached to this Agreement as Exhibit "3.4" and UTILITY shall be entitled to immediately record the CITY Easements, at its expense, in the Public Records of Indian River County, upon receipt thereof. Upon closing, UTILITY shall reconvey to CITY the CITY Easements; provided, however, UTILITY shall not be required to reconvey to CITY the CITY Easements if the transaction contemplated in this Agreement fails to close for any reason other than fault on the part of UTILITY. 3.5. Customer Re.~rds. UTILITY shall provide CITY with all records associated with its current customers of the System, including customer files containing information such as service applications and correspondence, and all billing information, and all information pertaining to billing of customers, including names, addresses, account numbers and payment history contained in the UTILITY's master files. . 3~. Business..~ggords. Ail current business records of UTILITY as described in Exhibit "3.6" attached to this Agreement and incorporated by reference herein. UTILITY may make and retain copies of all records delivered to CITY pursuant to this Agreement, at its expense, before transferring the original or (if the original is not available, copies of the records) to CITY. CITY agrees that UTILITY may have reasonable access after closing to all records delivered'pursuant to this Agreement. The provisions of this paragraph shall survive the closing. In addition, UTILITY shall deliver to CITY all as-built surveys, water and sewer design plants, plats, engineering and other drawings, designs, blue- prints, plans and specifications for the System to CITY. ~.7. Permi%s.__and ADDrOValS. Subject to all necessary regulatory approvals and to all conditions, limitations or restrictions contained therein, and the transferability thereof, all permits and other governmental authorizations and approvals necessary to operate and maintain the System in accordance with all governmental requirements, as described in Exhibit "3.7" attached hereto and incorporated by reference herein. UTILITY shall, at its expense, be responsible for renewing any operating permits and any other permits essential to the operation of the System whfch may have expired or will expire prior to the transfer of the System to CITY. UTILITY shall also be responsible for correcting any deficiencies, at its expense (provided, however, that in no event shall UTILITY be required to bring suit or expend any sum in excess of $50,000, in the aggregate, to cure such deficiencies), which are specifically documented by any regulatory agency prior to the date on which the System is to be transferred to CITY. CITY agrees to sign all forms required by governmental agencies to transfer the permits and approvals from UTILITY to CITY. ~. Ehoses.L~.DL~A~tign. Ail choses in action pertaining to the System or the Purchased Assets, including, but not limited to, warranty claims, claims for damages, the right to sue for any past infringement, or other cause of action. 3.9. Customer Depos~.S. Cash to be paid by cashier's check or wire transfer in an amount which represents the customers' water and sewer service security deposits and accrued interest held by UTILITY. UTILITY shall provide CITY with a detailed written description of each customer deposit and any interest accrued thereon, including the name of the customer, the account number for the customer, the date on which the deposit was received by UTILITY from the customer, the amount of interest accrued on each deposit, the amount of any additional deposits received from the customer and the date such deposit was received. In the event UTILITY provides any inaccurate or erroneous information concerning the customer deposits to CITY, UTILITY shall defend, indemnify and hold CITY harmless from any claims, actions, expenses or damages, including costs and reasonable attorneys' fees at trial and/or appeal, to which CITY may be exposed.in the future as a result of UTILITY providing such inaccurate or erroneous information to CITY. In consideration for the transfer by UTILITY of these customers' deposits to CITY, CITY agrees to continue to provide utility services to those customer for which a deposit is held and, to the extent consistent with §768.28, Florida Statutes, to indemnify and hold UTILITY harmless for any claims, actions, expenses or damages, including costs and reasonable attorneys' fees at trial and/or appeal, to which UTILITY may be exposed in the future as a result of the transfer of such customer deposits to CITY. This provision shall surv~ive closing. 3..1.0. Unbilled Revenu.~. Unless otherwise agreed by UTILITY and CITY, there shall be no unbilled Revenues paid by CITY because UTILITY shall bill each customer through the Closing Date. 3.11. Contracts and Aqreements. UTILITY agrees to assign to CITY, and CITY agrees to assume,'all of UTILITY's right, title and interest in and to those certain contracts and agreements listed in Exhibit "3.11" attached to and incorporated in this Agreement. CITY shall not be obligated to assume any contracts and agreements except only those listed in Exhibit "3.11". ~. Compu~tDr Software. Subject to all applicable licensing agreements and to all applicable copyright laws, non- proprietary computer software which is used or was used, in the course of the day to day operations of UTILITY for the System, including, without limitation, billing programs and accounting programs, except any computer software that CITY does not desire to receive or to sub-license. Any license assignment fees payable to the licensor with respect to any computer software that CITY expressly elects to receive assignment for,~shall be paid by CITY. 3.13. InventorV. Ail right, title and interest of UTILITY in and to all inventory specifically described in Exhibit "3.13" attached hereto and made a part of this Agreement. For purposes of this Agreement, the term "inventory" shall include items such as hand tools, parts, chemicals, operating supplies, pipes, nuts, bolts, fittings, screws, meters and meter boxes. Exhibit "3.13" is separated into two parts, Part A and Part B for purposes of Paragraph 11.1(7) of this Agreement. CITY, at its .expense, shall conduct a physical inventory of all items of inventory as soon as practical after the signing of this Agreement by the parties hereto. UTILITY shall cooperate and make available to CITY and its representatives all items of inventory in order to facilitate the conducting of the physical inventory by CITY. SECTION4. ADDITIONAL RESPONSIBILITIES OF UTILITY. UTILITY shall provide CITY with up to eighty (80) person hours of general support services for a period commencing upon the signing of this Agreement .by the parties hereto and ending on the date that is sixty (60) days after the Closing Date, on an as-needed basis. If all time is not utilized by CITY within such period, no future obligation with respect thereto shall exist on behalf of UTILITY. In addition, UTILITY agrees to assist CITY in aid of transition following the closing by providing, at the request of CITY, assistance in billing services and transfer of files at no expense to CITY, other than any out-of-pocket costs. CITY shall, in making requests pursuant to this Section 4, avoid any unnecessary disruption of the normal business operations of UTILITY. The provisions of this Section shall survive the closing. SECTION__5. ~URCHASE PRICE AND PAYMENT. CITY agrees to pay to UTILITY on the Closing Date, and UTILITY agrees to accept as the complete and full Purchase Price for the System, a total Purchase Price in the amount of THREE MILLION SIX HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($3,650,000), subject to any adjustments provided hereinafter. Said Purchase Price shall be paid at Closing in federal or other immediately available funds by wire transfer to a bank and bank account designated by UTILITY. Prior to Closing UTILITY shall deliver wiring instructions to CITY. SECTION 6. STATUS OF TITLE. Within twenty (20) days following the signing of this Agreement by UTILITY and CITY, UTILITY shall deliver to CITY's attorney an updated title commitment (the "Commitment") for an Owner's Title Insurance Policy issued by First American Title Insurance Company in favor of CITY 5 insuring the fee simple title to the Property listed in ~.xhibit "3.1". UTILITY shall provide CITY with an owner's Title Insurance Policy which is an Owner's ALTA Form B Marketability Policy in favor of CITY in the amount of THREE MILLION SIX HUNDRED FIFTY THOUSAND AND 00/100 DOLT~RS ($3,650,000). UTILITY shall bear the cost of the title insurance policy, including all costs associated with procuring the Commitment. 6.1. Exceptions to Title. The Commitment shall show UTILITY to be vested with fee simple title to the Property show~ on Exhibit "3.1" subject to the following (the "'Permitted Exceptions" ): (1) Ad valorem real estate taxes and assessments f6rthe 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, hinder or restrict the present use of the Property; (4) Restrictions of record (except liens, encum- brances, or mortgages) that do not impair, restrict, or inhibit the present use of or improvement to the property as permitted by applicable zoning and land use regulations presently in effect and that are not coupled with a forfeiture or reversionary provision; (5) Ail laws, ordinances, and governmental regula- tions, including, but not limited to, all applicable building, zoning, land use and environmental ordinances, regulations, restrictions, prohibitions and other requirements, none of which will prevent or hinder the present use of the Property; and (6) Ail matters which would be disclosed by an accurate survey of the Property, unless a survey is provided to UTILITY i~..a form acceptable to the title insurer in accordance with recognized standards for surveys in connection with the issuance of an Owner's Title Insurance Policy. 6.2. Status of Title. If the status of title shown on said Title Insurance Commitment does not reflect the status of title as herein set out, then, in that event, upon written noti- fication thereof to UTILITY which notice.shall be given by CITY within twenty (20) days after receipt of said commitment, UTILITY agrees to use all due diligence to perfect title and shall have a period of twenty (20) days from notification of such defects within which to do so. If CITY shall fail to notify UTILITY within the aforesaid twenty (20) days, CITY shall, for the purposes of this Agreement, be deemed to have accepted the status of title as set forth in the Commitment. In the event that defects are specified and UTILITY, after exercising'all due diligence, cannot same clear within the time provided in the preceding sentence, then., i~ t~t event, CITY shall have the right to purchase the Proper~y in then existing condition of title, or to rescind ~d Agreement without liability by any party tot he other(s). A±=nougn UTILITY shall use its reasonable efforts to cause any defects to be cured prior to the Closing Date,. in no event shall UTILITY ~e required to bring suit or to expend any sum in excess of $50,000 in the aggregate to cure title'defects, exclusive of mortgages against the Property which are in a liquidated amount or which UTILITY has the obligation to discharge on or before the 91osin~ ~t~ un,er ~e terms of this Agreement. Notice of such election sna£± De given y CITY to UTILITY, in writing, by e%ther registered or certlfaed mail, within the time herein prescribed. SE~_~. SURVEY. CITY shall have the option, at_l~Se~~- pence, to prepare and provide a current survey of all the ~r p y set out ln Exhlb' ' it "3 .1" prepared by a Florida licensed surveyor in. accordance with applicable law, which survey will be prepared in accordance with, and certified to UTILITY, CITY, UTILITY's and title insurer in accordance with the CITY's attorneys and the .minimum detail standards adopted by the Florida Society of Professional Land Surveyors. Any defect reflected on such survey including, but not limited to, encroachments of improvements across a boundary line or onto a utility strip, evidence of overlaps along a property line, violation of restrictions, set back lines, possession inconsistent with the Property boundaries or any other such defect, shall be treated as a title defect under Subsection 6.2. above. CITY shall have twenty (20) days after receipt of said survey to furnish notice to UTILITY of any title defect shown on the survey which does not conform to the status of title described in Section 6 of this Agreement. If CITY shall fail to notify UTILITY within the aforesaid twenty (20) days, CITY shall be deemed to have accepted the status of title shown on the survey. CTI~. REPRESENTATIONS A~D WARRANTIEg. OF UTILITY. To induce CITY to enter into this Agreement, UTILITY represents and warrants that, as of the Closing Date: 8.1. O~aniz~tion. standing ADd Power. UTILITY is a corporation, duly organized, validly existing, and in good standing under the laws of the state of its formation, and is authorized to do business in the State of Florida. UTILITY has all requisite power and authority to own and lease its properties and the Water and Wastewater System Assets, and to conduct its business as it is currently being conducted. 8.2. AuthQrity for Agreement. 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 UTILITY has been duly executed and delivered by UTILITY and constitutes a valid and legally binding obligation of UTILITY, enforceable in accordance with its terms. 8.3. Good ap.~ Marketable Title. Subject to th~ Per- mitted Exceptions, UTILITY has good and marketable title to the Purchased Assets. Notwithstanding anything contained herein to the contrary, the Property shown on Exhibit "3.4" as easement parcels are not subject to the fee simple ownership requirements as set forth in Subsection 6 hereof. UTILITY shall transfer, convey and assign to CITY at Closing an enforceable easement interest for each of t_he easement parcels shown on Exhibit "3.4" so that the present use of the easement parcels maY be Continued by CITY for the operation of the System. The easement interests Shown on Exhibits "3.4" conveyed to CITY shall not be subordinate to any superior interests which could result in CITY losing the right to use the easement parcel for utility purposes. Any such superior interests shall be deemed a title .defect %hnder Subsection 6.2 hereof and shall be cured by UTILITY as set forth in that Subsection. At Closing, UTILITY shall assign to CITY all of its easement interests in the Property regardless of whether such easement is listed on Exhibit "3.4". 8_4. No Liens or Encumbrances. Except as otherwise specifically set forth herein or as may be released prior to the Closing Date, there are no liens, claims or encumbrances of any type or nature upon or against the Purchased Assets including, but not limited to, financing statements or security instruments filed under the Uniform Commercial Code either in the County where the land is located or with the Florida Secretary of State. 8.5. Litigation. There are no actions, suits,' or proceedings at law or in equity, pending against UTILITY before any federal, state, municipal or other court, administrative or governmental agency or instrumentality, domestic or foreign, which affect the System or any of the Purchased Assets or UTILITY's right and ability to make and perform this Agreement; nor is UTILITY aware of any facts which to its knowledge are likely to result in any such action, suit or proceeding. The UTILITY is not in default with respect to any order or decree of any court or. of any administrative or governmental agency or instrumentality affecting the System or any of the Purchased Assets. UTILITY agrees and warrants that it shall have a continuing duty to disclose up to and includinq.the Closing Date the existence and nature of all pending judicial or administrative suits, actions, proceedings, and orders which in any way relate to the operation of the System. Any such matters now known to UTILITY shall be initially disclosed within ten (10) days following execution of this Agreement, and UTILITY agrees to notify CITY of any new actions, suits or proceedings within ten (10) days after uTILITY receives notice thereof. 8~...6.. New A~reements. UTILITY shall not enter into any extension, developers' agreement, agreement concerning the opera- tion of the Water and Wastewater System, agreement concerning water and/or wastewater service capacity, or cause any agreement to be modified after the date of execution of this Agreement without the prior written approval of CITY, which approval shall not be 8 unreasonably withheld. Notwithstanding anything to the c~ntrary set forth in this paragraph 8.6, UTILITY need not obtain CITY's approval to enter into service agreements with individuals that do not commit in excess of five (5) equivalent residential connections of water or wastewater service capacity. 8.7. A_~reements.for Con~ructioD. With respect to any outstanding agreements for construction under which UTILITY has previously received cash deposits or cash contributibns in exchange for UTILITY's willingness to authorize the planning, permitting, construction, installation or extension of the water and/or wastewater system located in Sebastian, UTILITY has fully discharged all obligations on its part for such planning, permitting, construction, installation or extension, and UTILITY has no further obligations, liabilities or expenses for the future planning, permitting, construction, installation or extension of said system under said agreements. 8.8. Leases. Except as may be listed in Exhibit "3.11" hereof, none of the Purchased Assets are subject to any interest of any lessor or lessee and will not be so subject as of the Closing Date. 8.9. No Co~Dracts..~n Default. UTILITY is not aware of any defaults of any parties to any agreements set forth or listed in any of the Exhibits annexed to this Agreement. 8.10. No Governmental Violat~.ons. UTILITY is not aware and has not been notified of the existence of any violations of any governmental rules, regulations, permitting conditions or other governmental requirements applicable to the ownership, maintenance or operation of the System. 8.11. No Record Vi.q~ations. The use of the System on the property set out in Exhibits "3.1" and "3.4" is consistent with and does not violate any restrictions or conditions of record. 8.12. Absence of Cb.~nqes. After the date of execution of this Agreement, UTILITY shall not: ' (1) undergo any change in its condition of properties, assets, liabilities~ business or operations other than changes in the ordinary course of business which have not been, either in any case or in the aggregate, materially adverse to the operation of the System; (2) acquire or dispose of any of the System's assets or properties of material value (having a value in excess of $2,000), except in the ordinary course of business or with the consent of CITY, which shall not be unreasonably withheld; (3) subject to available administrative remedies pursuant to Chapter 120, Florida Statutes, or any administrative or judicial procedures or proceedings applicable to particular 9 permits, or intentionally fail to comply with all of the System permit requirements; (4) fail to seek or obtain any permit extensions or renewals reasonably necessary to insure that all permits related to the System are valid, extended, or in the process of being extended, as of the Closing Date. 8.13. Disclosure. No representation or warranty made by UTILITY, to t-he best of UTILITY's knowledge, in this Agreement contains or will contain any untrue statement of material facts or omits or will omit to state any material fact required to make the statements herein contained not misleading. · 8.14. Surviv~L.o~ Covenants. UTILITY agrees that its representations and warranties set forth herein are true and correct as of the date of the execution hereof, shall be true and correct at the time of Closing, and shall survive the Closing for a period of two (2) years. ~. ~. UTILITY is not a "foreign person" within the meaning of the United States tax laws and to which reference is made in Section 1445(b) (2) of the Internal Revenue Code of 1986, as amended. On the Closing Date, UTILITY shall deliver to CITY a certificate to such effect. SECTION 9. CONDUCT PENDING CLOSING. pending the closing: UTILITY covenants that 9.%. Business Conduct. Except as otherwise consented to in writing by CITY, which shall not be unreasonably withheld, for the period beginning on the date of execution of this Agreement and ending on the Closing Date, UTILITY shall: (1) operate the System in, and only in, the usual, regular and ordinary course and nevertheless comply with and uphold all applicable governmental requirements and laws; (2) maintain all of the System's material structures, equipment and.other tangible personal property in good repair, o~der and condition, except for depletion, depreciation, ordinary wear and tear and damage by unavoidable casualty; (3) keep in full force and effect insurance com- parable in amount and scope of coverage to insurance now carried by it for the System; (4) perform in all material respects all of its obligations under agreements, contracts and instruments relating to or affecting the System's properties, assets and operation; (5) maintain its books of account and records as to the System in the usual, regular and ordinary manner; 10 (6) subject to available administrative remedies pursuant to Chapter 120, Florida Statutes, or any administrative or judicial proceeding or proceeding applicable to particular permits, comply in all material respects with all statutes, laws, ordinances, rules and regulations applicable to it and to the operation of the System; (7) promptly advise CITY, in writing, material adverse change in the operation of System; and of any ($) not enter into any transaction, including, without limitation, the purchase, sale or exchange of property, the value of which exceeds $2,000, which relates to the System except in furtherance oft-his Agreement with theUTILITY, or the rendering of any service to UTILITY, except in the ordinary course of and pursuant to the reasonable requirements oft_he business of UTILITY. 9~. R~sk of Loss. UTILITY shall bear the risk of loss, damage or destruction of the purchased Assets by fire or other casualty prior to Closing Date. If any material portion of the Purchased Assets is damaged by fire, "Act of God" or other casualty prior to the Closing Date, CITY shall have the option of (1) closing and accepting the Purchased Assets "as is", without. reduction of the Purchase Price, together with UTILITY's assignment to CITY of all rights under UTILITY's insurance policies and all of the insurance proceeds, if any, relating thereto, but without any further claim by CITY against UTILITY; or (2) cancelling this Agreement in which event the parties shall be released from all further obligations to each other. If any immaterial portion of the Purchased Assets is so damaged, UTILITY shall either (1) repair or replace same, or (2) assign UTILiTY's insurance proceeds covering .same to CITY at closing (or if there are no adequate proceeds available, UTILITY shall credit CITY at closing for the reasonable uninsured value of the damaged property). 9.3. No Encumbrances. Except as otherwise permitted in' this Agreement, from and after the date of the execution of this Agreement, UTILITY shall not, without the prior written consent of CITY, which shall not be unreasonably withheld, dispose of or encumber 9ny of the Purchased Assets. 9.4 Access ~.Q.R~cords. At all times, UTILITY will coop- erate by opening records and by providing access, upon prior notice, to records and facilities to CITY and CITY's representatives to assist in acquainting CITY'S operating and administrative personnel in the operation of the System; provided that no such inspection shall materially interfere with the operation of the System. 9.5. Performance of C!osin~ Conditions. UTiLiTY shall perform all of the conditions to closing which should be performed by UTILITY prior to closing as provided herein. 11 9.__6. Insura~.C~. Prior to closing, UTILITY shall maintain existing fire and extended coverage insurance to cover the cost of any repairs to the Purchased Assets that may be necessitated by casualty damage. CITY shall not be obligated to assume or continue to maintain any policy of insurance that was originally obtained by UTILITY after the Closing Date. ~.7. Examination and Inspection. UTILITY will permit examination by CITY'S authorized representatives of all existing contractual obligations, physical systems, assets, real estate, rights-of-way, easements and inventories utilized by.UTILITY in connection with the System. Such facilities will be properly maintained by UTILITY within the custom and usage of the industry up until the Closing Date and shall not otherwise utilize any items of inventory other than for the operation of the System for the period ending on the Closing Date. SECTION 10. REPRESENTATIONS AND WARRANTIES OF CITY. To induce UTILITY to enter into this Agreement, CITY represents and warrants as follows: 10.1. Organization, Standing and Power of CITy. CITY is a municipal corporation duly organized and validly existing under the laws of the State of Florida and has all requisite municipal power and authority to enter into this Agreement, and to carry out and perform the terms and provisions of this Agreement. 10..2. Authority for Agreement. CITY has the authority and power to execute and deliver this Agreement and to carry out its obligations hereunder. This Agreement has been duly authorized by all municipal action required to be taken by CITY, including holding all required public hearings, has been duly executed and delivered by CITY, and constitutes a valid and legally binding obligation of CITY, enforceable in accordance with its terms. 10.3. Disclosure. No representation or warranty made by CITY, to the best of CITY's knowledge, in this Agreement contains or will contain any untrue statement of material facts or omits or will omit to state any material fact required to make the statements herein contained not'misleading. %0.4. Servicq. Upon closing the transaction contemplated in this Agreement, CITY shall, to the extent allowable by law, continue to provide existing: (i) water and sewer service to the UTILITY's customers consistent with or superior to the services currently being provided by UTILITY to its customers; and (ii) water and wastewater service to Atlantic Gulf Communities Corporation, its successors and/or assigns ("Atlantic Gulf"), and properties owned by Atlantic Gulf, in a uniform and non- discriminatory manner with other property and property owners served by CITY. 12 ~. Performance of Clo~nq CQnditions. CITY' shall perform all of the conditions to closing which should be performed by CITY prior to the Closing Date as provided herein. 10.6. Survival of ~Covenants. CiTY agrees that its representation and warranties set forth herein are true and correct as of the date of the execution hereof, shall be true and correct at the time of the Closing Date, but shall only survive for two (2) years following the Closing Date. ~. ApJUSTMENTS~AND PRORATIONS. 11-1. Adjustments. At the time of closing, the parties covenant and agree that %he following adjustments to the Purchase · Price shall be made: (1) Real and personal property taxes on all real and personal property which is being conveyed by UTILITY to CITY, shall be prorated as of the Closing Date based on the most current tax bills available, with the understanding that if tax bills for the current year are not available, CITY will assume responsibility for all taxes for the current year but will be entitled to a reproration when available. (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. No later than twenty (20) days after the closing, CITY shall reimburse and credit 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 sixty (60) days (entitling UTILITY to the proceeds thereof if and when paid). CITY shall promptly turn over to UTILITY any such delinquent receivables that may be subsequently paid to CITY and shall use reasonable efforts to assist UTILITY in the collection of same, including, without limitation, discontinuing service to nonpaying customers. CITY agrees to pay UTILITY for ninety-five percent (95%) of all unbilled revenue, which shall be prorated as of the Closing Date and paid by CITY to UTILITY within thirty (30) days of billing. All rates, fees, and charges for water and sewer service a~ter the Closing Date shall be the property of CITY. (3) CITY shall reimburse and credit UTILITY for the cost of all additional capital improvements made to the System by or on behalf of UTILITY prior to the Closing Date provided CITY has consented to said improvements. (4) UTILITY shall request'all of its suppliers and vendors to submit final invoices for services, materials, and supplies, including electricity for the period up to and including the Closing Date. UTILITY shall be responsible for, and shall provide to CITY, upon request, evidence of the payment of all such invoices. 13 (5) For all those customers who are connected to and receiving service (water, wastewater, or water and wastewater) from ~TILITY on the Closing Date and have paid connection, plant capacity, main extension, and/or capital charges ("Connection Charges") to UTILITY, the Connection Charges previously paid that specifically apply to the service being received (water, wastewater, or water and wastewater) shall be retained by UTILITY. For all those customers who, on the Closing Date, are not connected to and receiving service from UTILITY and have paid Connection Charges to UTILITY, and to whom UTILITY has extended completely all pipelines necessary to provide service, UTILITY may retain main extension charges previously paid that specifically apply to the pipelines extended (water main extension charges for water pipelines, wastewater main extension charges for wastewater pipelines), and UTILITY shall pay to CITY and CITY shall receive from UTILITY all other Connection Charges (including impact fees) paid by such customers. Ail other Connection Charges received prior to the Closing Date by UTILITY from customers Of the System who have not connected to the System, shall be deemed the property of CITY, and shall be paid to CITY. Except as otherwise provided in this Agreement, CITY will not accept or recognize any obligations regarding prepaid or discounted unconnected customers. Nothing contained in this Agreement shall be construed to require CITY to exercise the police power in the allocation of water and/or wastewater service capacity (hereby deemed to be a governmental function) other than in accordance with CITY's current or future service allocation or extension rules. CITY agrees, to the extent consistent with §765.25, Florida Statutes, 'to indemnify and hold UTILITY harmless for any claims, actions, expenses or damages, including costs and reasonable attorneys' fees at trial and/or appeal to which UTILITY may be exposed in the future as a result of any transfer of the Connection Charges by UTiLiTY to CITY. (6) The date of closing shall, for purposes of adjustments and prorations, be deemed to be a seller ownership day.. (7) At closing, UTILITY shall receive a credit in an amount equal to UTILITY's actual cost of certain inventory listed in Exhibit 3.13, Part B, to this Agreement. A final inventory of the foregoing shall be taken not earlier than five (5) days or l~ter than the day prior to Closing by representatives of the parties to prepare the final list of such inventory. ~1.2. Payment of Fees and Tax~s. UTILITY shall pay CITY all franchise fees and utility taxes due through the Closing Date. SEC~.IQ~ ~2. CLOSING EXPENSES. The.cost of recording any releases, satisfactions, or corrective instruments, along with the documentary stamps and surtax, if any, on the Deed shall be paid by UTILITY. The cost of recording the Deed shall be paid by CITY. Certified, confirmed and ratified special assessments or municipal liens as of the Closing Date shall be paid by UTILITY. Notwithstanding the foregoing, to the extent any of the foregoing certified, confirmed or ratified liens are payable in installments, 14 CITY shall take title subject to such liens and assume the ~alance of such installment payments, subject to appropriate prorations. ~CT~ON 13. ENVIRONMENTAL MATTERS. 13..1. UTILITY warrants that the Property described in Exhibit "3.1" and the Purchased Assets are in a clean and healthful condition, free of environmental contamination or potentially harmful physical conditions, other than such contaminants or harmful conditions permitted by law. No hazardous substance has been improperly stored upon, disposed of, spilled or otherwise released to the environment on or in the Property or Easements by UTILITY or, to the best of the knowledge of UTILITY after due inquiry, by any other party. For purposes of this Agreement .the definition of the term-"hazardous substance" shall be that set out in Section 101(4) of the Federal Comprehensive Environmental Response, Compensation and Liability Act, except that for purposes of this Agreement, the term shall also include (1) petroleum (crude oil) and natural gas (whether existing as a gas or a liquid); and (2) any substance defined as hazardous or toxic by any state or local regulatory agency having jurisdiction over the operations of UTILITY. 13.~. The operation by UTILITY of its utility business complies in all material respects with all applicable federal, state and local environmental and occupational health and safety statutes and regulations. ~. UTILITY warrants that any tanks (whether above or below) on or at the Property or Easements installed or used by UTILITY are in sound conditions, free of corrosion or leaks which could permit any release of stored material. 13.4. None of the Property has been used by UTILITY or by any oth--~-party for the processing, storing, or otherwise utilizing asbestos, polychlorinated byphenyls ("PCB's"), or radioactive substances. UTILITY has received no notice that any of the foregoing materials are present on or at any Property or Easements. ~. All hazardous waste resulting from the operations of UTILITY on or at the Property or Easements have been disposed of in an environmentally sound manner. None of those wastes have been disposed of in any site where there has been, is, or, due to the manner of disposition by UTILITY, will be released into the environment requiring corrective action, nor has UTILITY received notice from any state or federal environmental agency of its possible involvement with any disposal site under investigation by such agency. ~. ~NDEMNITY. ~. UTILITY shall, and hereby agrees to defend, indemnify and hold harmless, CITY at all times from and after the Closing Date against and in respect to any damages, as hereinafter defined, from claims of any person or entity not a party to this Agreement which arise out of facts or circumstances occurring on or prior-to the time of the Closing. CITY shall notify UTiLiTY of any such claims within thirty (30) days of its receipt of notice thereof. Damages, as used herein, shall include any obligations, losses, costs, expenses, injunctions, suits, fines~ liabilities, penalties, and damages, including reasonable attorneys' fees at trial and all appellate levels, whatsoever that CITY incurs as a result of judgment or order rendered by a Court or agency of competent jurisdiction, that arise from, (1) any materially inac- curate representation made by UTILITY in or under this Agreement; (2) breach of any of the warranties made by UTILITY in'or under this Agreement; (3.) breach or default in the performance by UTILITY of any of the covenants, conditions, commitments, agreements, duties or obligations to be performed by it hereunder; (4) any debts, liabilities or obligations of UTILITY, whether accrued, absolute, contingent or otherwise, due or to become' due, except those obligations specifically assumed by CITY pursuant to this Agreement; (5) the breach by UTILITY or the failure of any act or action to occur that is the subject of any duty, obligation, covenant, condition, commitment, agreement, representation or warranty undertaken or made by or on behalf of UTILITY pursuant to this Agreement; and (6) the ownership and operation of the Water and Wastewater Utility System or the Water and Wastewater System Assets by UTILITY prior to the Closing Date. UTILITY agrees to defend, indemnify and hold CITY harmless from and pay any costs, fees, penalties, or fines that are imposed by a court or agency of competent .jurisdiction, upon CITY or UTILITY, by reason of UTILITY's failure to fully comply with any EPA, FDEP, or Water Management District order, rule, or statute, which may arise before, during, or after the Closing out of facts or circumstances occurring on or prior to the Closing Date. 14.2. CITY shall, and hereby agrees to defend, indemnify and hold harmless, UTILITY at all times from and after the Closing Date against and in respect to any damages, as hereinafter defined, from claims of any person or entity not a party to this Agreement which arise out of facts or circumstances occurring on or after the time of the Closing. UTILITY shall notify CITY of any such claims within thirty (30) days of its receipt of notice thereof. Damages, as used herein, shall include any obligations, losses, costs, expenses, injunctions, suits, fines, liabilities, penalties, and damages, including reasonable attorneys' fees at trial and all appellate levels, whatsoever that UTILITY incurs as a result of judgment or order rendered by a Court or agency of competent jurisdiction, that arise from, (1) any .materially inaccurate representation made by CITY in or under this Agreement; (2) breach of any of the warranties made by CITY in or under this Agreement; (3) breach or default in the performance by CITY of any of the covenants, conditions, commitments, agreements, duties or obligations to be performed by it hereunder; (4) any debts, liabilities or obligations of CITY, whether accrued, absolute, contingent or otherwise, due or to become due, except those 16 obligations which were not assumed by CITY pursuant to this Agreement; (5) the breach by CITY or the failure of any act or action to occur that is the subject of any duty, obligation, covenant, condition, commitment, agreement, representation or warranty undertaken or made by or on behalf of CITY pursuant to this Agreement; and (6) the ownership and operation of the Water and Wastewater Utility System or the Water and Wastewater System Assets by CITY after the Closing Date. CITY agrees to defend, indemnify and hold UTILITY harmless from-and pay any costs, fees, penalties, or fines that are imposed by a court or agency of competent jurisdiction, upon UTILITY or CITY by reason of CITY's failure to fully comply with any EPA, FDEP, or Water Management District order, rule, or statute, which may arise after the Closing out of facts or circumstances occurring after the Closing Date. E~_~. CQV~NANT. NOT .T9 ENGAG$ COMPETING IN UTILITY B SI_~. UTILITY agrees that it shall not engage (the words "shall not" being used in a mandatory definition) in the business of providing water or wastewater service to any land located within CITY including any land annexed into CITY, for the next ten years. This provision will only become effective upon Closing. SE__~. CITY'S_INVESTIGATION. CITY has previously reviewed and considered the nature of this transaction and has, or will have, on or before the Closing Date, acted in due diligence to investigate the System and all aspects of this transaction. Except only as to those matters which UTILITY has provided for the representations or warranties in this Agreement, in electing to proceed with this transaction, CITY shall have determined as of the Closing Date that the System is satisfactory to CiTY in all respects and is purchasing the System in "as is" condition. CITY has and will rely solely on CITY's own independent investigations and inspections, except to the extent of any representations or warranties made by UTILITY in this Agreement. CITY further acknowledges and agrees that, except for the specific representations made byUTILITY in this Agreement, UTILITY has made no other representations, is not willing to make any representations and has not held out any inducements to CITY other than those specifically set forth in this Agreement. SECT~'ON 17. CLOSING. Provided that all conditions precedent to closing have, in fact, been so performed, the place of closing shall be at the City Hall of the City of Sebastian, Florida, or at · such other 'location selected by CITY in order to accommodate the closing of any municipal bonds being issued to finance this transaction pursuant tothisAgreement and such closing shall occur on November 29, 1993 (the "Closing Date"),.or such earlier date as the parties mutually agree in writing. Any party shall have the right to extend the Closing Date thirty (30) days beyond November 29, 1993, by sending written notice to the other parties at least fifteen (15) days prior to November 29, 1993. Immediately following the Closing Date, CITY shall have full right to the possession of all of the Water and Wastewater System, all of which shall be located in Sebastian, Florida. 17 tO closing and, thereby, being assigned by UTILiTY to CITY pursuant to %his Agreement. Furthermore, CITY shall deliver to UTILITY a certified copy of the Resolution of the CITY Council which approved the transaction pursuant to this Agreement. 38.3 ~onditioD$ precedent to Closinq. The obligations of CITY pursuant tot his Agreement are contingent upon satisfaction and UTILITY's performance of the following conditions set forth.in Paragraphs 18.3(a) through 18.3(d) prior to closing (or as otherwise provided below). If any of the contingencies specified below are not satisfied prior to closing, CITY shall have the right, at its option, but not the obligation, to declare this Agreement null and void by written notice to UTILITY and all parties shall be released of any further obligations and responsibilities pursuant to this Agreement. (a) CITY obtaining, at CITY's expense, a leve~ one environmental audit indicating that the Property and the Purchased Assets are in a clean and healthful condition, free of environmental contamination or potentially harmful physical conditions, other than such contaminants or harmful conditions · permitted by law. .CITY and its agents, contractors or employees shall have the right to enter upon the Property for the purpose of performing such audit, providing said activities shall not any way damage the Property or any part thereof or disrupt the normal business operations of the Property. Such audit shall be performed not less than thirty (30) days prior to closing. CITY's failure to obtain such audit or, in %he. event CITY shall close this transaction after having obtained such an audit, shall in no way relieve UTILITY of any liability with respect to the breach of any warranty or representation contained in Section 13 of %his Agreement. (b) CITY determining, in its sole and absolute discretion, that all contracts or agreements, including, but not limited to, all leases, service agreements and developers' agreements, which CITY is to assume pursuant to this Agreement or which shall affect or obligate CITY at any time after the Closing · Date, shall be suitable to CITY. For a period of %hirty (30) days commencing.upon delivery of all applicable contracts and agreements to CITY, CITY shall be entitled to inspect said contracts and agreements and UTILITY shall give to CITY and its agents, contractors or employees full access to all such contracts and commitments'and shall furnish to CITY all information concerning such contracts and· commitments as CITY may reasonably request. In the event CITY fails to notify UTILITY, in writing, of CITY's election to terminate this Agreement due.to the unsuitability of any contract or agreement within the foregoing thirty (30) day period, this condition shall be deemed waived. (c) Ail UTILITY's representations and warranties contained in this Agreement shall be true as of the Closing Date as if such representation and warranties were made at 19 such time, and all such representations of warranties shall survive the Closing for a period of two (2) years. (d) Ail corporate, governmental and other proceedings to be taken by UTILITY and CITY in connection with the transactions contemplated hereby and all documents incident thereto shall be reasonably satisfactory in form and substance to CITY, and to UTILITY, and to their respective attorneys, and CITY and UTILITY shall have received from each other all such counterpart originals or certified or other copies of such documents as CITY or UTILITY may reasonably request. SI_~. RESPONSIBILITY FOR PROF~$SION%L FEES AND COSTS. I hereto be responsible for its own reasonable Each party ~hall attorneys' fees, engineering fees, accounting fees and other costs in connection with the preparation and execution of this Agreement. I INTENTIONALLY BLANK S ~I_~. CQMMiSSIgNS. UTILITY and CITY warrant to the other that the transaction contemplated by this Agreement is a direct, private transaction between UTILITY and CITY without the use of a broker or commissioned agent. ~. F.URTHER...ASSURANCES. Each of the parties hereto I that, from time to time, upon the reasonable request of the agrees other party and at the expense of the requesting party, without further consideration, it shall execute and deliver to the I requesting party any and ~11 further instruments, affidavits, conveyances and transfers a may be reasonably required to carry .'.~ out the provisions of this Agreement. I ' SE~. ~OTICES; PROPER FORM. Any 'notices required or allowed to be delivered hereunder shall be in writing and be deemed to be delivered when (1) hand.delivered to the person hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, 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, or (3) sent by a recognized overnight courier, such as Federal Express, 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: 2O CITY: with a copy to: City Manager City of Sebastian, Florida 'City Hall 1225 Main Street Sebastian, Florida 32958 (407) 589-5330 Fax (407) 589-5570 Charles Ian Nash, Esquire City Attorney Frese, Nash & Torpy, P~A. 930 S. Harbor city Blvd. suite 505 Melbourne, Florida 32901 (407) 984-3300 Fax (407) 951-3741 UTILITY: with a copy to: Charles E. Fancher, Jr., President General Development Utilities, Inc. 2601 South Bayshore Drive Miami, Florida 33131 (305) 859-4331 Fax (305) 859-4657 Marcia H. Langley, Esq. Atlantic Gulf Communities Corp. 2601 South Bayshore Drive Miami, Florida 33133-3461 (305) 859-4231 Fax (305) 859-4524 SECTION 24. NO INTERFERENCE WITH EMPLOYMENT. UTILITY will not interfere with CITY hiring any of the present operational staff of the Water and Wastewater System. CITY shall notify UTILITY thirty (~0) days prior to the Closing Date as to which existing employees of UTILITY to whom CITY will be extending offers of employment. S~CTiON 25. ENTIRE AGREEMENT. This instrument and the Exhibits annexed hereto constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. SECTION 26. ~_~. Amendments to and waivers to the provisions herein shall be made by the parties only in writing by formal amendment. 21 S.$_CTION 27. DISCLAIMER.. OF.. THIRD PARTY BENSFIC. IARIES. This Agreement is solely for the benefit of the formal parties herein, 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 formal party hereto. ~. BINDING EFFECT. Ail of the provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by legal representatives, 'successors and nominees of CITY and UTILITY. S_~. TIME.....0F THE ESSENCE. Time is hereby declared of the essence to the performance of this Agreement. ~_~. APPLICABLE LAW. This-Agreement shall be con- strued, controlled, and interpreted according to the laws of the State of Florida, and the venue for any action or suit brought to interpret or enforce any of the provisions of this Agreement shall be filed and maintained in indian River County, Florida. S~I_~. CORROBORATION OF PAYMENT AFTER CL0~ING. In each instance in which any party to this Agreement is to receive money from another party to this Agreement after the Closing Date, the party who is entitled to receive the money under the terms of this Agreement shall have the right to 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 from the party, within thirty (30) days of receipt of the payment. The provisions of this Section shall survive the closing. ~ 32. CONSTRUCTION. Ail of the parties to this Agreemen~ 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. 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 shal~ be ~e~ to include any other and all genders, and the captions paragraph headings shall be disregarded. ST~. $~VERABILITy. In the event any term or provision of this Agreement is determined by the 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. SECTION 34. COUNT.~RPARTS. This Agreement may be executed in several counterparts, and each such counterpart shall be deemed an original, but all such counterparts will constitute one agreement. SECTION 3..~.- SP.~CIFIC PERFORMANCE. In the event any party to this Agreement fails to close on the Closing Date (without any default by another party), time being of the essence, or in the 22 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 another party, the non- defaulting shall be entitled to seek all rights and remedies available at law or equity, including specific performance. S__~. SURVIVAL_QF INDEMNIFICATIONS. Ail agreements of indemnity made by any party to this Agreement shall survive the closing for a period of two (2) years. S~. P~DON GA~. RADON iS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED iN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. STATE ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. iN 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. wendy B. Widmann Lon-ni~ R. Powell, M~or / Name: Richard B. Votapka kathr~h M. O'Halloran, ~ CMC/AAE, city Clerk as to Form and Legal Approve. d Sufficiency: ~ 'Richard E. Torp~ Assistant City Attorney 23 Signed, sealed and delivered UTILITY: in the presence of: GENERAL DEVELOPMENT UTILITIES, , INC., a corporation . Name: /~/2o~? & ~.~ ~r. Charle~ E. Fanche~/~. Jr. , ': ~ 'W ' President / ~ ,~: _~. ' [Corporate Seal] '.. S~T-. oF ~ORI~A .' ,i.'..' COUNTY OF INDIAN RIVER " .' ~ : ' .... The foreggin.g~ instrument was acknowledged before me this ~ day of 0~~ , 1993 by Lonnie R. Powell, the Mayor ~f THE CITY ~F .SEBASTIAN, FLORIDA, on behalf of THE CITY OF' SEBASTIAN. 4~z'~is~ person~all¥ kn~ow~ t,o me or has produced . .AJ/~ as identification. ~e 6~ Ad~owledger T~ed, Printed or St~ped .. C6m~k seion Number 24 to me or has produced I STATE OF FLORIDA I .~he foregoing in~t__r!~ment was acknowledged before me this i ~ day of ~_~O /f~fc , 1993 by Charles E. Fancher, Jr., President of GEN~ DEVELOPMENT UTILITIES, INC., a Florida Corporation, on behalf of the corporation. He is Personally ..~nown I as identification. '--Sta~e of Florida Name Of AcknOwledger Typed, Printed or Stamped Con, his s ion Number NOTARY SHAL ~. L w~. CC174107 25 "LIST OF EXHIBITS TO CITY OF SEBASTIAN, FLORIDA/ GENERAL DEVELOPMENT UTILITIES, INC. WATER AND SEWER SYSTEM PURCHASE AND SALE AGREEMENT 3.1 3.3 3.4 Land Equipment Easements, ROWS, and other similar real estate rights and assets 3.6 Business Records 3.7 Permits and Approvals 3.11 Ail Assigned and Assumed Contracts and Agreements 3.13 Inventory Part A and Part B c:\wp\cin\sebasgdu. RE2 26 City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Bid Waiver - Fertilizer) Agenda No. Approved for Submittal By: Dept. of Origin: Golf Course (CM~,~ Date Submitted= 10/08/93 For Agenda of: 10/27/93 Exhibits: - EXPENDITURE REQUIRED: $13,740.00 AMOUNT APPROPRIATION BUDGETED: $60,000 REQUIRED: SUMMARY STATEMENT To continue our annual fall fertilization with pre-emergent weed control, it is crucial that we begin this application during the first week of November. Since Par Ex Professional Product is the only company licensed to market IBDU in the U.S. and Vigoro Industries of Ft. Pierce, FL is the area distributor for Par Ex Professional Products, we hereby request a waiver of bid to purchase 20 tons of 15-0-15 IBDU fertilizer with Barricade pre- emergent herbicide at a total cost of $13,740. RECOMMENDED ACTION Move to waive bid procedures for 20 tons of 15-0-15 IBDU fertilizer with Barricade pre-emergent herbicide in the amount of $13,740. City of SebasHan POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 October 7, 1993 TO: Kay O'Halloran Acting City Manage'~' FROM.- Chris McCarthy G.C. Superintendent VIA: Joe O'Rourke G.C. Pro Manager~ RE: Request for'waiver of bid for fertilizer We would like to request a waiver of bid for the purchase of 20 tons of 15-0-15 IBDU fertilizer with Barricade pre-emergent herbicide. Par Ex Professional Products is the only company licensed to market IBDU in the U.S. This has been documented in previous fertilizer purchases. Vigoro Industries of Ft. Pierce is the area distributer for Par Ex. The total cost of this purchase is $13,740.00. The cost will be split between fertilizer ($7,680.00) and chemicals ($6,060.00) in the budget. This is our annual fall fertilization with pre-emergent weed control. The timing of this application is crucial for best results on the weed control. We would like to apply this product the first week of November. If you have any questions concerning this, please contact me. cc: Marilyn Swichkow City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 SUBJECT: Bid Waiver - Seed Approved for Submittal By= City Manager --~1- ~ /I Agenda No. ~. ,~ / ~ Dept. of origin= Golf Course Date Sttbmitted= 10/08/93 For Agenda of~ 10/27/93 Exhibits= - Letter Dated 6/29/93 from Marvelgreen Supreme EXPENDITURE REQUIRED: $3,200.00 AMOUNT APPROPRIATION BUDGETED= $5~000 REQUIRED= SUMMARY STATEMENT The greens at the golf course have been overseed for the past three years with Marvelgreen Supreme ryegrass seed with excellent results. Our overseed program is scheduled for December, 1993. Marvelgreen Supreme ryegrass seed is a plant variety protected product of Lofts Seed, Inc. Sunbelt Seeds, Inc., of Norcross, Georgia is the only affiliate of Lofts Seed, Inc., authorized to distribute and sell grass seed in the State of Florida. Therefore, we request a waiver of bid for 4,000 pounds of Marvelgreen Supreme ryegrass seed at a total cost of $3,200. RECOMMENDED ACTION Move to waive bid procedures for 4,000 pounds of Marvelgreen Supreme ryegrass seed in the amount of $3,200. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 October 7, 1993 TO: Kay O'Halloran Acting City Manager FROM: Chris McCarthy G.C. Superintendent C~ VIA: Joe O'Rourke G.C. Pro Manage~ RE: Request for waiver of bid for seed We would like to request a waiver of bid on 4,000 pounds of Marvelgreen Supreme ryegrass seed. This is for our annual overseeding of the greens. Marvelgreen Supreme is a plant variety protected product of Lofts Seed Inc. or one of its authorized distributors. Sunbelt Seeds Inc. of Norcross, Georgia is the only affiliate of Lofts authorized to distribute and sell seed in the state of Florida. We have attached a letter stating this. This has also been documented in previous seed purchases. The total cost of this purchase will be $3,200.00. We have overseeded our greens with this product the last three years with excellent results. Our overseeding program is scheduled for December 1993. If you have any questions concerning this, please contact me. cc: Marilyn Swichkow P.O. Box 668, Norcross, Georgia 30091 (404) 448-9932 June 29, 1993 Chris McCarthy Sebastian Golf Course 101 East Airport Drive Sebastian, Florida 32958 Dear Chris, This letter is to confirm that the brand "Marvelgreen Supreme" is a plant variety protected product of Lofts Seed Company. It can be purchased only through Lofts Seed or one of its authorized distributors. Sunbelt Seeds, Inc. is the only affiliate of Lofts Seed authorized to distribute and sell grass seed in the state of Florida. if you have any further questions please feel free to contact me in regards to them. Sunbelt Seeds, Inc. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid Waiver Request - Copier Approved For Submlttal By: city Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: None 3.0/20/93 ..... 10/27/93 EXPENDITURE REQUIRED: $10,000 AMOUNT BUDGETED: $11,000 APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT Budget appropriation in the amount of $11,000 for purchase of the copier in the Finance Department was made by City Council when it adopted the FY '93-'94 budget on September 22, 1993. This MiTA 5685 Copier with AS-55020 Sorter and Stapler is very similar to the one located in the city Clerk's office. Therefore the two machines are interchangeable should one need maintenance work or other repairs. Employees throughout City Hall use both machines; having similar machines in both departments enables employees to use them interchangeably if one should one be down for repairs or be in use by someone else. Because similar machines are needed and this particular model is already in place, a sole source vendor situation exists. EGP, Inc., which holds the copier contract with the Indian River County School Board, has supplied the machine to the City of Sebastian at a special School Board rate of $10,000. RECOMMENDED ACTION Move to authorize this bid waiver request to purchase the specified copier from EGP, Inc. for the amount of $10,000. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 )) Dept. Origi~ ) Date Submitted 10-14-93 Approved for Submittal By: ) ) City Manage~ ~! ~ '~ ) For Agenda of Exhibits: 10-27-93 EXPENDITURE REQUIRED: $1,255. AMOUNT BUDGETED: $ 5,000 APPROPRIATION REQUIRED: SUMMARY STATEMENT Staff has contacted several vendors in the area to furnish a new hanrail which would meet with ADA requirements. Once such requirement is for a continuous top rail. Two of the three vendors could not meet this requirement because the rail must be fabricated to this site specific application. The vendor that would be able to fabricate the handrail to ADA requirements is Smitty's Welding out of Melbourne. He has verbally quoted a price of $1,255. which includes cost of delivery but not installation. Our past experience with Smitty's welding has been limited. However, the handrail they fabricated for the Yacht Club was completed on schedule and at a reasonable cost to the City. The proposed handrail will be approximately 78 feet long or approximately $16.00 per foot. The unit cost appears somewhat high if it were prefabricated. However, we are requiring that the aluminum be constructed using 0.04 in. thickness seamless aluminum tubing which shall be welded in all the joints. There are considerable 90 degree elbows or bends that increase the cost. The price that they have quoted is within my anticipated estimate of $1200. 'The ramp has been closed down since the beginning of October and I am sure Council would wish to have this project completed as quickly as possible. RECOMMENDED ACTION Move to approve cost of the handrail in the amount of $1,255. and direct staff to proceed with the installation of the handicap ral~p. City of Sebastian ~ C-77i-2..~ 7_,CX 733;--7 [3 SEBASTIAN, FLORIDA ~ TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Sebastian Police Dept. Christmas Party/Community Center Approved For Submittal By: Acting ~/~ Dept. Origin City Clerk Dat~Submitted 10/18/93 ~OF ~ Of 10/27/95 ~xhibits: Application and letter dated 10/19/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Police chaplain Robert Vollmar representing the Sebastian Police Department for use of the Community Center on December 4, 1993 to hold a Christmas Party for the Sebastian Police Department. They are requesting waiver of rental fees with a reduction of security deposit to $100.00. They are also requesting use of alcohol at this event. RECOMMENDED ACTION Move to approve the request for a waiver of rental fees and a reduction of security deposit to $100.00, with use of alcohol at this event. CIT"/' OF SEBASTIAN RENTAL PERMIT APPLICATION C0~WJ~TY C~ V/ Y;z~rf CLU~ -- ~er of ~emo~ ~titu~ng ~up or o~zati~: ~ ~ ~ ~ ~ & $~) "' 3) w~ ~~ ~ ~ ~? ~~. Y~ ~t ~ ~ p~C~ on ~ -~ -~ ~ .... AP~Z~TD / DISAI'~'ROVED Secm:it¥ Deposit paid on (date) in the m~mt .of or Cash Rental Fee paid on (date) in the amount of bT ch.~,, , or Cash initial AlcohoLic Beverage Request heard at the Council Meetino on (date). Request APPROVED / OENIED. Fee ~aiver Request heard at the Council Meetino on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Chec~ J ~mount of ' on in the '{date) ! ! m I I SEBASTIAN POLICE DEPARTMENT Office of the Chief Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 DATE : TO ': FROM = SUBJECT: MEMORANDUM october 18, 1993 city Clerk Kay O'Halloran Chaplain Robert Vollmar ~ Christmas Party The Sebastian Police Department would like to have a Christmas party on December 4, 1993 and our intention is to use the Sebastian Community Center. We are requesting a waiver of fees for this function, also we would like to be able to have alcohol for this holiday party. I would appreciate it if this could be on the agenda for October 27, 1993. Thank you for your attention to this matter. RV/jh City of Sebastian 7'CCTC~"~C? 2.~;-; 7~S~ rn SEBASTIAN, FLORIDA ~ TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Sebastian Panthers Homecoming dance/Community Center Approved For Submittal By: Acting City Manager Agenda No. / ~ Ori~i~ city Clerk Date Submitted 10J20/93 For Aqenda Of ~ Exhibits: Application and letter dated 10/20/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMAI~,% STAT~EN~ The City of Sebastian has received a request from Jill. Frost representing the Sebastian Panthers for use of the Community Center on November 5, 1993 to hold a Homecoming Dance between the hours of 6:00 P.M. and 11:00 P.M. They are requesting waiver of rental fees with a reduction of security deposit to $100.00 already on hold. RECOMMENDED ACTION Move to approve the request for a waiver of rental fees and a reduction of security deposit to $100.00. CITY OF SEBASTIAN .RENTAL PERMIT APPLICATION ~~~~~&~) l'le~e ~wer ~ or E: I) Are kitches facdlities required? Z) ~e ~ a ~idest of Sebastian? 4) Will there be an admi~ion or door charge? 5) Will alcoholic beverages be served? ~o ........ (a) If an~r to ~5 ~ ~. ~tt~'s p~t of age ~ (b)_ If ~1 is to ~ se~. ~-i~ ~ ' pr et Amount of ~mtal se~rit~ Oe~it: $ total C.%t~ C. Xee~ Sec~ritT Oepusi~ paid on /z,*--z; .~-~ (&te) in the mount of ~, ~,..x , or Cash Rental Fee paid on Alcoholic Beverage Request heard at (date). Fe~ '~aiver Request heard at the Council Meetin(~ on /~-~ ? ~~ (~te). Request APPR(TVEI) / DEl{IQ. K~ Pickup Oate Key Return Date SecuritT Deposit returned by City Check ~ amount of ' on Admo~: k~pC fo~* dmuu(~ug (1£ ~t~A~.~nll)le). (~te) ia the amount of or Casa initial the Ccmnc'il Meetinqon Request APPR(TdED /OEFIED. in the (date) /~., ..:~' .~ . ' - '" ~ ,.' 1~'~' 111 I ~ ~'~ · I ~ ~'~ ~" City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUBJECT: Appointment of Alternate to Treasure Coast Regional Planning Council Agenda No. Dept. Origin Date Submitted ~itY Clerk 10/19/93 For Agenda Of 10/27/93 Exhibits: TCRPC Letter dated 10/8/93 TCRPC Information EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: STATEMENT i The Treasure Coast Regional Planning Council has requested that Indian Raver County appoint to the Council three voting members (two county commissioners and one municipal elected official) and three alternates for two year terms. (see TCRPC letter attached) The municipal member selection in Indian River County is administered on a rotating basis by the Board of County Commissioners office. They advise us that the voting municipal member for this two year term will be from Orchid and the alternate muncipal member will be from Sebastian. The member must be an elected official, therefore, a member of City Council must be appointed as alternate municipal member. For your information, subsequent to this two year term, Sebastian will be the municipal voting member. The last time a City Councilmember was appointed to the Treasure Coast Regional Planning Council was 1986. Treasure Coast Regional Planning Council has provided information relative to its function. (see attached) RECOMMENDED ~ACTION Appoint a member of City Council as alternate municipal member to the Treasure Coast Regional Planning Council. INDIAN RIVER COUNTY ID:,~07-770-509S OCT 19'95 15:01 No.021 P.02 . ~',~'~,~,~,;:~' ,~ /,,,,,..,, ' .............. October 8, 1993 ~;~:'~.:,... . .................... J~;'~C~. ..................... Honor~le Richard N. Bird, Chai~an ..... ~'. ~ver County ~.~'?~ ~L;~. $'.,' u. ' .............. · ,, :. :..la~. ;~V~D 1~ 25th Street, Suite N-1~8 '.?~:,.:'.. .................. ' ................. V~ Beach, FL 32960 ......... ;10NE.~ · .. eot: Annual Appoin~ent of Co~ci~ Members Dear Chairman Bird= In accordance wl~h Council's Rules of Organization, the December meeting is designated as ~he Ar~ual Nesting, at which time the appointment of all members and alternates is to occur. It is therefore requested that the Board of County Commissioners take. ~he necessary action to appoint members and alternates for the upcoming year. In the case of Indian River County, three member~ and three alternates need to be appointed (two county, one municipal). It should be noted that all alternates must be elected officials. Additionally, the bylaws do not specifically indicate that municipal appointments must be either nppointed' or approved by the County. Each county is assigned =he number of appointments and the method for making the appointments i~ left to the discretion and cooperation of the local governments in the area. Finally, it would be appreciated'if the County would notify the Council of the appointments, including mailing addresses and telephone numbers, as soon as. possible, so that the t~~fashion.aVenda packet for the December meeting can be provided, in a CC = /Cz Mayor Rene Herrera, City of Fellsmere Mayor Robert $choen, Town of Indian River ~hores Nayor Ted Le0nsis, Town of Orchid Mayor Lonnie Powe11, City of'Sebastian Mayor J. Smith, City of Veto Beach 3~2m i,w. modln dennm$ blvd. Bulls 20S · p,,G. box t,S29 Palm ~lyp flodda ~34990 phone, (4O7) 22t.4060 sc; 269-4064) lax (4O7) 22'1-4067 0CT-20-1993 10:19 FROM Treasure Coast R.P.C. 84075895-5?0 P.B2 TREASUP~ COAST REGIONAL PLANNING COUNCIL To: From: 1~ E N O R A ~D~ N AGENDA ITEM 6C Subject: The Role oS Regional Planning CoGncAls I During the pa~ several nonths it has become increasingly clear ~hat there is some confusion an~ misunder~nding of i ~he role that Regional Planning Councils play in both growth management and F'~orida's sy~'cem of government. Regional Planning Councils are best known for the i ..tha..t one reads about in the things that they do, newspaper: ~ reviews, reviews of loc~1 cum~rehensive plans, ~eviews of power plant and power line i construction proposals or other special projects, emergency planning, or formulation of policy positions. If one focuses on these ~ respo~sibilities without a conpl.ete al~reciation for what ~os Regional I Coup. oils _unique, withotrt an understanding of what their and reai and fundamental responsibilities ara, then ~heir critical importanoe will be u~deres=Amate~ or I The attacheK~ document provide= a brief overview of the real and fundamental workings of Regional Planning Councils. It is useful froa several per~peotives: 1) i~ r~ainds i ourse_lv.e.s of why we are here, and the .i~or~ance of the role we piay, 2) it can help you to explain 1. eq.islators: .~he role w.e play; and ~) it provides some I xn~,ighc as =o RPC's night be USed to correct of the problen~ ~hat exist in growth mane emend--and in the relationship be~ween S~ate and local levels of I goverrunent. ~eCommenda~on I .T~.e provided' for information, -usej and attached has discussion purposes. A=~echmen~ Rxamples of po1:ential o. onfl:Lc~f~ are numerous, i One local governnan~ night look forward to the cons~ru~ion of .a regional nail for ~he ~euces and, jobs the oe~, .~r. w?uld provide; neighboring I ~urisdic~ions m~gnc ue concerned about the 2 i ef£ec~ 'the mall would ~~~.. ~e ~ g~~ ~ghc Regional Planning Councils 'provide local su~ ~~, ~ e~ ~~ ~or ~solv~g ~ose wx~ ~e ~io~ pl~ ~ ~e l~al ~cll e~fo~ ~ ~ ~ual~2 ~e~). i ~h_e,r~._. co.~.flic~z have not been conpletely _ ~e~zve~y ~~e of ~ n~e up of u~c~A s ~, ~ via ~e h~'s ~ili~y ~ ~ave' aq~cxe~, ~ ~ ~ ~ ~ir ~xli~2 ~o xn~e~e xn, or a~a~, ac~ion~ (x.e., ~eir loc~ g~e~~ ~ ~e case o~ ~s). I The system works, and works well, for two reasons: 1) ~he decision makers are ~he local _g_o~, _?~n_~ ts ?h. ewo. e_l.vss (.2/2 o~ the I ~u =~x. zens..~u, at live wX~hin ~he region (1/3 of v~$ men~eraaxp); an~ 2) w~eneve~ the council .reviews an issue, the ~najority .of ~he neuber.ship I xs zron outsAde .~he ;urisdAc~Xon .whose or potan~ial action, is under =evzev. Me enphasized that the rules and decisions a~opted by ~egiona! PXannin~ Councils .were I adopted by a group An which the a~ec~ed 3 " I 'ce ht~hvay syste~ ~ay be a mr, atewtde issue, ~t only ~ain r~io~ ~ve ~e I near t~ ~~ity to est~lt~ c~t~ rail. lines ~d high l~els o~ tr~sit _ . ~s t~/ng to _ e c._o~.~?~s, tve_ planning e~:eor'cs '~hat have ~ ~e~~ by lo~1 g~e~en~ ~ I · pas~ few 2~ are ~eplete o~ ~e s~e' $ t~or~ce of loll ....... ral l~al qove~en~ ?~z~ ~e _~ as a ~e~ of addr~s~o IIIII I I I IIIIII II III II II IIIII III I I 0(:::T~0-~993 ~0: ~ FROM Tre~ure (:;o~ I~. P0 C. 84[8'751~$570 P. W7 m vhe~o the ~sue has yet l:o roach In crAticm~ proporbions a~A~ im ~~t~ to p~t ~i~t loss ~ eveF ~~g a m ~~,_but ~e ~e p~ a~ton ~y ~ A~s ~a ~e vaFxet2 o~ a~~ m a~sstve a~on to pr~ec~ ~~t zo~ ~ a~as ~ ~e issue are offt~, no~ o~e~ m There ~s qovem~en~ ~_~ _unfortunate ~endency in . 'departmentalize and £o~us narrowly on one imsue at a time. The m Stat,ess ~ on transportation are gathered covether An one place; experts on housing and land use smnevhere else. m hre~y, ~ ever, do they work together, and rare~y, l~ ever, does policy re£lect the ~h degre~ o£. ~nteract£on0 land use end s ansportat~on Aave on one another. The m l~v:l.problen o~en occurs at the local 0CT-20-1993 10:~ ~ROM 6 i OCT-20-lgg3 10:23 FROM Treasure Coa:t ~.P.C. TO i s. ome~ms axAae vhen &gonc~es or spe~ia~ m , _.~_.~t groups v~th naxTove~ Zocus counent on : ' pz'o3effe, a and pXana under rev't.ev. ~ have . ~eX~so nec~msa~ Co understand agency and pe~s~~ e~ov8 and encourages ~hen ~:o £~Lnd ~-ea~ve solutions Chat deal w~cA a ~Ae~y o~ ~~v~ m ~~e, .~ My ~a~ally fa~ ~ issue a s~ff =o p~ide su~ semites. m .Because ..~he ~ have d:~ve~se . _e~__ .~e, and -., ~ca~e ~ey na~e ~ls ~ise avaxl~le ~o m A~A ~e~t~ aB a f~ s~ioe, or at cost, ~ ~ =ave 1~ 9ove~~8 co~id~le ~~e,. wh~le at ~e s~e t~ ass~i~ ~t do m done indiv~d~lly by say.al lo~1 g~e~~. 0CT-20-1993 10:23 FROM Treasure Coast R.P.C. TO 84075895578 P. i0 I ! ~, aaa w~ia Z~m~lt i~ ~eat ine££icie~c~. ) £a,~ of ~.he ma~-'c~ is ~-~at ..Florida ztan~ 'issues have o~ ~ ~ ~e ~, ~ ~ oz .~?~O~l .P.l.uu~...~m=~.. have x. ~a~ ~e up ~d m~~p. 2. Div~se ~~ise ~ s~ll s~f size. 3. A ~listi~, ~~~ive app~ ~ pr~l~ BOAVX~g, in~d~ ~o ~rk, ~d ~ey do ~e~ 'j~ v~l. ~ey ar~ ~ af~id to ra~e ~ issues, ~d have ~e ~ility ~ find ~. ~ey raise ~ffic~, u o~]e~ive .~~. ~ev ~ rarel- I 8 OCT-~O-19~ 10:~4 FROM Treasure Coast r.P.¢. 8407~B~%'~0 P.12 THE ROL~ANDRESI~ONSZBZLiTZR$ OF TREASUI~ ~TI~G20~j., PL~3~TG COUNCZL ?ne .~reasure coast Regional Planning Coun~l inCludes 49 I AOC~A. gov~ent Juriedtc~tons vi.~An Xnd~an River, st. Lucxe, Ha~cln, and Palm Beach countxes. The board ts made up of 23 individuals, tvo-~hix~2~ o£ which are elected, I representing member countie~ and cities, and one-~hird o£ which&re appointed by,he Governor. It ts nomt import~.~t to recognize ~hat Regional Planning I are very d~££erent £rcuany S~ate agency or specxal Cotmcils purpose district. ~eypez~OZlaa series o~unique and vital r~_les t~.t no o__~h.e? lev. e/ o~ govermaent canp er£orm. B2 wa2 I ox __exa~p.~e, _~ons~a_e~a~l~n should be given to the following generaA luncheons of Keq~onal Planning Councils. ama .unique function of xe~io.na~ Planning councils is cae provision of a ~orun through vhxch neaber local governuen~s ~nd other.affected par~.ies can discuss and resolve planning I xss~e~ aaa problems wbxch a~£ect ~han ~O~ on~ jurisdiction, munxcxpality, or county. I Land use decisions, policies, and plans mad~ ~ one JuriSdiction ~ay 8onetimes interfere with ~he realxza~xon o£ planning goals within neighboring ~ur£edictiorm. Likewise ~ar?eT~c~e developmentShave proposed to occur vlthin ?ne I ~ur~sa~c~xon may negative /~pacto on nsighborxng ~uriedxc~ions and counties. Through a review of Local ~ove.r~m. ent_Comp_rehensiv? Plans, Regxonal Planning Councils I pro~e, a formal mechanism through which potential and real con, ALoes may be resolved at a reasonably local level. Through Council review of DRIs, elim~na~ion or mitigation of i reg~gal impacts can be assured. Both of these review .fu?~%ons . allow £or more local resolution of · ntergurisd~ctional conflic~cs tha~ could occur in the absence of Regions% Plannin~ Councils. It is interesting to I note .~hat the f~rst Re~.~onal Planning Councils to be established w~thin FlorLda evolved from Codicils Government organized to meet this locally perceived need. I The Regional Comprehensive Policy Plan will guide and form the basis of all Council actions relative to mediation interJurisdictional d~fferencss and resolution of I multiJurisdtctional issues. i A second unique function of Regional Planninu Councils ~m their ability and responsibility for .coor'dinating a~ synthesizing diverse perspectives, expertxse, and opinions into a comprehensive set of balanced recommendations for I problem resolution. 0CT-20-1993 10:2S FROM Treasure Co~t R.P.C. B4075895570 P. 13 ~Ae. $~ate Plan con~uins, and t~e RagiOnal CompreAensive ~Xx~ Pi~s I~ ~o ad~ms, 25 ~1 ~m. ~eme goals c~ot_ effe~i~F ~ ad~mK vA~ co~id~atA~ being n~z~ Is a~oct~. ~ decisive ~de ~ga~g agri~~al praxis. ~r~s~ation sFst~ affect air pr=is r~at~ ~ t~ o~ ~ _ __ n~~t pr ~le ~d go~, but ~e .[~,~_. .~po~a~zon.s~s~ develo~ and level~-se~lce ~~ ~~~ a~ ~it2, _de~end~ ~ ~o~ed ....... =d ~ve._~~ise in az~ ~i~ issu~ ~t not in ~e Pm~icaix~l~ o~ tr~pomtion s~ d~lo~t. aa .pe~pective. ~rs~ctive is t~i~lly limited to ~e a~m~$~ra~ive ~d ra~la~ ~spo~ilittes o~ ~e agen~ ~d infre~en~ly inc}udas a o~r~sive evaluation o~ all ~1~ issues. ~xs is not ina~ropria~e; h~ever, ~ere. ts a ne~ ~or ~e a~a~ion, s~esis, and planneR, ~rban pl~e~, ge~aphers, and P~lemsionals wt~ e~enzse ~n econo, cs, social se~tce issues su~ as housing and a~x~l~e. A ve~ del~ate ef~o~ has be~ ~de ~; broaden .~:ho~e e~ise and o~erage of issues. ~o~xA s ~nasx$ is not on original resear~ and is no~ to , o~3o~zve zm to gm.er, cooainate, ~ $~esize inpu~ fr~ .nor~ n~wly specialized so~ces ~lex planning prowls. ~ts i~.~ ~n~_~~ ~s~ce ol ~e=im~ and. inte~re~ive r~qe of issues and ~eir ~n~errelatio~hips, This service is par~icularly useful to lo~al governments, many of whioh could not afford to retain on staff the full I range of expertise needed to address ~he broad ran. ge of ~ , -- u in v. ne DKI review process and in Council, s the clever------* --~_r_~,__~s_ .. _'inxs .a~xA.~=y ZS manifested in oversight o£ iota2 gove~rment decisions ~egardJ~g DRZs and ~mqm~~ive Polic~ Plan change~. Xn ~ee~ing it~ respormi~ility to provide a cc~prehensive, ~id~cipl~, ~d ~1~ vi~ ~e Regional Plying C~cil will ~l~t Ate ~~s~ili~i~ ~ consider~g ~e oonsi~cy of p~s~ plus ~ actions under revi~ w~ ~e ~io~1 ~~~~ ~1~' PI~ as a whole~ ~isl~ o~ a ~io~ ~Z~oa~i~ - Florida is an ~ization of ~j~iv~ ~d goals ~~ a s~i~ivAty ~o ~io~1 ~iarities. A ~ ~i~e ~a~ris~ic of ~io~l Pla~. Co, oils is ~eir r~io~l I~ is ~~~g to no~ ~ G~e consid~ Wa~er g t Dis~rA~ ~ ~gio~l agenci~. ~ a~ no~, at __ ~_ D~ s~ ~t Xogi~al Pla~g C~ncils x~C~Xon. Wa~ ~ag~t Dis~i~ repr~ent ~viro~~11y l~ical 8~ivisio~ of ~e Sta~e on ~e basis of wa~ ~g~t issues. Because boundaries were .se~ on the basis of logical · s xx~m o~ner perspectives. By way of example, South Florida water Management Dis~ric~c includes largely urban areas as well as largely agricultural areas. This DistriC~ also contains areas of divergent political and planning interes~s. Regional Planning Cou~lcils, on the o~her hand, .overall re£1ect greater consistency in the full range of issues ~hat uni.fy a true region. Water, although an important issue, Ks after a11, only one issue. In contrast, the Treasure Coast Regional. PXanni. ng Council is made up of entirely coastal counties which are all experiencing increasing growth pressures. ~ach of ~/~e four counties ~hat makes up the Treasure Coast has urban land .uses..concen.~rated along ~he coast and agricultural dominance =o ~ne wes=. All must be concerned about the plan for hurricane evacuation. All face the problem of displacement of agricultural lands for urban ~xpansion. Based on public opinion surveys conducted for the Council, the cLtizens of the four counties unifo~ly share coaaon concerns. _a~e ali.f far_Gates betve.en.., the. C.ou.n. ties they are largely vez?oraA. $o~e are rapidly uroaniz~ng today; others rill do sc ~mnorrov. This difference is more unifying than bashful. Regional issues typically cannot, be addressed independently by individual lo=al governments. In sc~e cases there are limited incentives for doing so. In other cases incentives exist, but the issues canno~ be effectively addressed in the 0CT-~0-1993 10:27 FROM Treasure I ............. , . ~s~ ad~ ..... = --- - J - ~'~G ~nc~A prairies ~is ~rspo~ive ~oca~ v~e~==. ' Consistent wi~h Council,s ---ional .......... Plan ~ =_~_y~~~ye ~AA~ Fl~ ~e~ ~e State _ ue~8 ~e regional strato~ for a~ing S~te c~r~~ve Policy Plan as ~a~r consensus i~at~ for ad~ess~ng S~a~e a~d ~o~1 issues. ~1 sectors wi~in · ~vim~on ~oz Bffic~en~ ~d Bcon~y Ln ~bl~ aolv/n - A __ ~~y ~o ezzxc2~tly ~d e~on~ically ~~n,:~-~ ,co~fron, several or all-~r local It is anticipated 'that ~he Treasure Coast Regional Planning deve' ........ ~ . ~.s. in ~e pas~, C~cil has [ ~uu moue~ POllcleS a~d pla~ ~a~ could be used by several or all local gove~en~s wi~n ~e ~ion. -i I TOTAL P.15 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: APPOINTMENTS TO PLANNING AND ZONING COMMISSION 7~/roved For Submittal By: C~ty Manager ,_L ) Dept. Origin: Communi~.¥ Development ) (BC) ) Date Submitted: 10/21/93 For Agenda Of: 10/27,/93 Exhibits: 1. Memo from P & Z dated 10/11/93 2. Application - Joseph Schulke 3. Application - Herbert. Munsart 4. Application - Walter Barnes 5. Application - Joseph Generazio 6. Application - John Kanfoush EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their regular meeting of October 7, 1993, the Planning and Zoning Commission reviewed applications for a position on their board. The term of regular member Shirley Kilkelly will expire on November 1, 1993, and she is not eligible for reappointment. The Planning and Zoning Commission recommends the appointment of first alternate Walter Barnes to a regular member term of three years beginning 11/1/93. The Commission also recommends the appointment of second alternate Herbert Munsart to fill the unexpired term of the first alternate (Walter Barnes), expiring 11/95. And last, the Planning and Zoning Commission recommends the appointment of Joseph Schutke to fill the unexpired term of the second alternate (Herbert Munsart), expiring 1/96. RECOMMENDED ACTION Move to approve the appointment, of Walter Barnes to a regular member term of three years on the Planning and Zoning Commission beginning 11/1/93 and expiring 11/1/96. ~ Move to approve the appointment of Herbert Munsart as first, alternate on the Planning and Zoning Commission with term to expire 11/95. Move to approve the appointment of Joseph Schulke as second alternate on the Planning and Zoning Commission with term to expire 1/96'. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 DATE: TO: FROM: MEMORANDUM October 11, 1993 Mayor and City Council Planning and Zoning ~. Through: Bruce Cooper Director of Community Development RE: Member Recommendation for appointments At their regular meeting on October 7th, 1993, the commission reviewed pending applications for appointment to fill the seat of regular member Shirley Kilkelly whose term expires on November 1st, 1993 and who is not eligible for reappointment. The following are their recommendations: Recommend that 1st alternate Walter Barnes be appointed to a regular member three year term 11-1-93 to 11-1-96. Recommend that 2nd alternate Herbert Munsart be appointed to fill the unexpired term of 1st alternate - expiring 11-95. Recommend that Joseph Schulke be appointed 2nd alternate to fill the unexpired term of Mr. Munsart - expiring 1/96. Should you require any additional information, please feel free to contact me. $ EB ASTL POLICE DEPARTiVIE NT I . MEMORANDUM i DATE . September 14, 1993 ' TO i Kathryn M. O'Halloran, City Clerk i FROM i investigator Willia~ Render I SUBJECT. Want/Warrant Check - Applicant_ Joseph W. Schulke I A check for wants/warrants for the above applicant/board member reveal that: I ~ No active want or warrant for subject is on file. [ ] An active warrant or want does exist and' follow up will i OCCUr. ~ Holds valid Florida Drivers License. I Investigator ...... Sebastian Police Department',' .. ... referenced FROM: SUBJECT: City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investiaation -J~AT~~ DATE: September 9, 1993 Attached please find board application of Joseph W. Schulke, for investigation, in accordance with Resolution No. R-91-38 to serve on a City Board. ' /is Enclosure . 7. 8. 9. APPLICATION TO SERVE ON CITY BOARD NAME: Joseph W. Schulke HOME ADDRESS: 466 CaravartTerrace. Sebastian. FL HOME TELEPHONE: 589-9045 3295~ BUSINESS: BUSINESS ADDRESS: 1249 L~rkspur Streetj Sebastian,. FL BUSINESS TELEPHONE: 388-1876 SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: See attached William J. Schulke, inc. - Building Contractor 32958 (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. Are ~ou a resident of the City? YeS X No 12. Length of Residency 13. Do you hold a public office? 2 Yr. 9 Mo. Yes No X 14. Do you serve on a City Board at present? Yes No X 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number An order of preference with first choice being "1#) *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD 1 *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE ~ 16. What qualifications do you have to serve on this board? 1. Resident of the City of Sebastian 2. Florida ~ensed~Building Contractor activelY engaged in construction in Sebastian (Lic. No. CBC 050073BC) 3. Florida Licensed P~fessional Engineer (Lic. No. P.E. 47048) 17. What reasons do you have for wishing to serve on an advisory board? As a concerned resident of Sebastian, I would like to actively engage in serving the community in a positive manner. 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No X 19. Would you consider'serving on another Board other than th~ one(s) you selected above? Yes No X I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omtssionof information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. · APplicant Signature I Subscribed and sworn to before me this 8th day of September 19___3, by Joseph W. Scb.u~ke .., who is personally known' to me~M~k~xxxxxxxxxxxxxxxxxxxxxxxxxx~Sd~ Notary Public, ~tate of Florida Patti W. Espich Name'"~ Notary (printed or Typed) CC252213 Commission No. \ws- form\ app 1 icatlon Educa%ion - Reais%rat~o. University of Miami, ~OSEPH #. SCHULKE 466 Caravan Terrace Sebastian, Florida 32958 (407) 589-9045 Coral Gables, FlOrida Bachelor of Science, Civil Engineering, May 1989 Bachelor of Science, Architectural Engineering, May 1989 Registered Engineer Intern, Registration. N~. 1088 E~ 326, August. 1989 Florida Certified Building Contractor, License No. CBC 050073BC (Active 1990) Florida Registered Professional Engineer, License No. 47048 (1993.) I Empl ,oyment R:xPer&enCe o LloYd & Asso~_iates, Inc. Consulting Engineers and Surveyors 1835 20th Street Veto Beach, Florida 329.60 Positions: 1985.- 1986 1987 Part Time Part Time o McOueen. & Associates,. I~c. Consulting Engineers and Surveyors 780 22nd Place, Suite 201 Veto Beach, Florida 32960 Positions: 1987- 1989 Part Time . 1989 - 1993 Full Time Kniaht, McGu~re &..Associates. Ink consulting Engineers and Planners 830 Azalea Lane, Suite 20'4 Veto Beach, Florida 32963 Survey Crew Draftsman Project Engineer Project Engineer Positions: 7/93 - Present William J,...Schulke, Inc. Building Contractor 1249 Larkspur Street Sebastian, Florida 32958 Project Engineer Positions: Per~ona~ Birthdate: Birthplace: Married: Spouse: 1985 - 1990 1990 - Part Time Laborer/Admin. Duties Vice-President/Consultant and Qualifying Agent for Licensure December 6, 1965 Atlantic City, New Jersey 12/90 Nadia Alejandra City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 M E M O TO: FROM: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk SUBJECT: Investiq&tion - Board ADDlication Herbe~Munsart DATE: September 14, 1993 Attached please find board application of Herbert Munsart, for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure SEP 14~93 t S EB ~kSTIAa~¢ POLICE DEPA_RTM~ENT II Office Box 780127 Se~utian. FL 32978-0127 MEMORANDUM DATE : TO = FRoM : SUBJECT= SEPTEMBER 15, 1993 KATHRYN M. O'HALLORAN Investigator RENDER want/WarrantCheck -Applicant HERBERT MUNSART A check for wants/warrants for' the applicant/board member reveal ~hat: above referenced No active want or warrant for subject is on file. An active warrant or'want does exist and'follow up will occur. ~- Holds valid Florida Drivers License. Sebastian Police Department APPLICATION T__qO SERVE O_~N CIT.____~Y BOAR__D 2. HOME ADDRESS: I 3. HOME TELEPHONE: ~-~-- ~~" 5 . BUSI~SS ~DRESS: 7. 8. 9. BUSINESS TELEPHONE: ------- DRIVERS LICENSE NUMBER: /W ~..--.?~-->$ --..~,~/-- ~ R~S~ 0F EDUCATION ~ EXPeRIeNCE: ~ ~~~.~' (use additional sheets if necessary or submit resume if available) 10. voter registration no. 11. Are you a resident of the City? Yes/No 12. Length of Residency · /O . ~m~ I 13. Do yOU hold a public office?' Yes No J 14. 15. 16. you serve on a City Board at present? Yes /No Do PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ~ *CONSTRUCTION BOARD *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE -- What qualifications do you have to serve on this-board? .... ., ' ' / ....... ;=. - What reasons do you have for wishing to serve on an advisory board? - -J .~,.-mis~smeanor involving moral turpitude in this or any state3F '.:.'~:. 19. Would you consider serving on another Board other~n the '-' ,.one(s) you selected above? Yes __ No A/ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I ' understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. / Sub oribed and swo= to before me this of , 19~.~, by HWFS~7- M&t~;~fT- , Who is, persona ly~~ to me or has produced ~& p~.~&.,~'l,~,~f' O as identification. (S~An) . ------,-- ~ NOt~ry Public, State of 'Florida Commission No. I \ws- form\ application Herbert Munsar t 1464 Seahouse Street,Sebastian,Fi. 32958 Education: May,1949..B.S.Degree,Accounting,Rutgers Univ. School of Business 1952 ..... C.P.A.Certificate, State of N.j. Background: Various accounting positions from 1947 to 1956 February,1956..opened my own office for the practice of Public Accounting. Sold accounting practice May,19 92 and retired. Served on the Planning Board ,Town of Woodcliff Lake, N.J. for 2½ years in the mid-70's. Served on the Citizens Sewer Committee, Woodcliff Lak~ N.J. from above for another 3 years, w~ile the whole town had sewers installed. Was active in Junior Achievement Program, American Heart Assoc.,Bergan Passaic Chapter as Treasurer,Amer Heart Assoc.,N.J. State Division,Treasurer., Boy Scouts, Various positions'with N.J. Society of C. P.A.'s., Advised several clients ih the construction industry as their accountant and financial consultant. June,1993. .. Appointed as Second Alternate to the Planning & Zoning Commission. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, city Clerk InvestiGation m Board ~pplicati0n Walter w._ ~ September 16, 1993 Attached please find board application of Walter W. Barnes, for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure S EB ASTIAN POLICE Post Office Box 780127 Selsasfian. FL 32978,-012'7 MEMORANDUM DATE September 22, 1993 TO : FROM : SUBJECT: Kathryn M. O'Hallora~ City Clerk Investigator William Render Want/Warrant Check - Applicant Walter W. Barnes A check for wants/warrants for' the above referenced applicant/board member reveal that: 3>4 No active want or warrant for subject is on file. [ ] An active warrant or want does exist and'follow up will occur. Holds valid Florida Drivers License. -InvestigHtor Sebastian Police Department APPLICATION TO SERVE O_~N CIT___~Y ~ ~ ~ BOARD i. NAME: /,~ _~ . , __ 4. BUSINESS. 5. BUSINESS ~DRESS: 6. BUSI~S$ TEL~PHONE: -- 7. SOCI~ SE~RITY ~ER: - 8. DRIVERS LICENSE ~ER: ~ _ 9. RES~E OF EDUCTION ~ EXPERIENCE:~-~/~~/~~~ eets if necessa~ or submit res~e if available) 10. Voter registration no. ~/~ ~ 11. Are you a resident of the Ci~? : Yes~ No 12. Length of Residency 13. Do you hold a public office? Yes No~ 14. Do you se~e on a City Board at present? Yes. No~ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1" )*BOARD 0F ~STME~ CEMETERY C0~ITTEE *CODE ENFORCEME~ BOARD *CONSTRUCTI ON BOARD *PLYING ~ ZONING I 18. Have you ever been convicted of any felony or any I misdemeanor involving moral turpitude in this or any state? Yes No ~ i 19. Would you consider serving on another Board other than the one(s) you selected above? Yes ~ No I I hereby certify that I am qualified to hold the posit/on for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all. i info~Lation which I have provided in this application. I understand that any misrepresentation or omission of information ~:m~o~:~d in this application is cause for disqualification or I m~u ua-r~move zrom cz=lee any municipal board member for I ~lfeas~noe, m~sfeasanoe, neglected duty, habitual drunkenness, zncompe=enue, or permanent inability to perform his official f~i~_.=_~_u~_~h~r, ~ und~rsta~, d ~hat the City Council ,ay suspend I =~% ,.un~pa~ ooar~ memoer who is arrested for a felony or for a misdemeanor related to the duties of his office or who is ~~o~r ~nf°rmed against for the commission of any felony or I I hereby authorize the Sebastian Police Department tO run an active warrant check on me. I Applicant Signature ...... ~ I to m-~e' ~'' ~/~/% ~' /~. ,, , who is D~ersonan~'i~kn6wn_ ~o me or nas pro~uce~ _ ~ as identification, i (SEAL) , I ~ Name of NOtarY (Printed'Or Type~ i % ws- form \ app 1 i c at/on S EB ASTIAzN POLICE I MEMORANDUM DATE : 09-17-93 TO ~ KATHRYN O'HALLORAN I FRoM i investigator RENDER ..... I SUBJECT. Want/Warrant Check - Applicant JOSEPH C. GENERAZIO I A check for wants/warrants fo~' the above refez'~:u~ applicant/board member reveal that. I J~ No active want or warrant for subject is on file. [ ] An active warrant or want does exist andfollow up will I occur. ~x~__Holds valid Florida Drivers License. I Sebastian Police DeparTment .. .-. TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 M E M 0 Earle Petty, Chief of Police KathrYn M. O'Halloran, City Clerk Investi~ati~D Jose~hC~~ September 16, 1993 Attached please find board application of joseph C. Generazio, for investigation, in accordance with Resolution No. R-91-38 to serve on a City Board. ' /js Enclosure APPLICATI0~N T_q0 SERV__E 0__N CIT___/YBOARD.~ ~/-~ ~ '0 ..... - -- 6. BUSI~SS TELEPHON~: <V~7) ~ .- ~~ . 7. SOCIAL S~RITY ~SR: ~~- ~' ~ ~ / f-I (use additional sheets if necessa~ or submit res~e if availed) 11. Are you a resident of the Ci~? Yes o 12. Length of Residency - 13. Do you hold a public office? Yes__ No 14. Do you se~e on a Ci~ Board at present? Yes__ No 15. PLEASE ~ECK THE BOARD(S) YOU ARE INTERESTED iN SERVING 0N: (Please n~ber in order of preference with' first ~hoice being "1" ) -- *BOARD 0F ~ST~ CEMETERY C0~ITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLYING ~ ZONING ~ICAPPED C0~ITTEE__ z~. ~a~ qUalifications' ~o you ~ave ~ se~e ~,. ,'-~o~',' ', 17. What reasons do you have for washing to serve on an adviso~ boara? 18... '~Have you ever been convicted of any felony or any m/~demeanor'involving moral turpitude in this or any state? ~..~ ' ~:~ , Yes No 19. Would you consider serving on another Board other than the one(s) you selected above? Yes /~,-No. I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all · information which I have provided in this application, i understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, · understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereb~ authorize the Sebastian Police Department to run an active warrant check on me. Subscribed~nd sworn to before me this /&~day of 19_~, by~,~is personal~Y known to me or ~& . ~ - .. , N ga Pu Ii S%at f  o ~y b c, e o F~or~da - - .... N~e 5~ Notary (P~inted-6-~ T~ped) Commission No. ~ws- form\ app 1 ication SEBASTIAN POLICE DEPARTMENT _ 11 ~11 III Earle L Petty, Chief o! Police 'Sebastian. FL Dale : 10 : FREN : SUB3~CT: a check ME_.HORaNDUM M~ay 28, 1993 Kathryn M. O'Malloran, City Clerk Investigator Want/Warrant Check - ~dltcant for wanl:s/warrants for the above referenced apollcanl:/board m~Der rmveal that: (x) No active want or warrant for.subject Is om flle. ( ) ~n active warramt or wamL does exlst and follow up will occur. Inves[Iga to[ Sebastian Police Deoa~ " I APPLICATION TO SERVE ON CITY BOARD 3. ~oME TELEPHONE: _~'-~?~'~J- -- 5. 6. 7. 8. BUSINESS: BUSINESS ~DRESS: BUSINESS TELEPHONE: ~//3-~ SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) 10. Voter registration no. ¢~ ~ 11. Are 7ou a resident of the City? Yes~, ~o~. ~ 12. Length of Residency ~M ~ 13. Do you hold a public office? Yes No / 14. Do you serve on a City Board at present? Yes /~No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with'first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING --~7--.~ HANDICAPPED COMMITTEE-'al, l~~ ~ 16...What qualifications do you h~ve to serve or~ thi%-'bo~rd? ...... '"~. · ,/~t ~ v:-- ,~ ~.~ .~' ~ ~'~',,~," /'-/~,~ ~ ~ ~ '"~' ' """" 17. What reasons do you have for .wishing to serve on an advisory board? / /, ~J. Have yOU ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state~ · i Yes NO ~ 19. Would you consider serving on another Boar~other than the one(s) you selected above? Yes ~_ No I ~ereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information ~ understand that ~he Ci.t~.Council of the City of SEBASTIAN may suspenG or remove zrom ozzlce any municipal board member for ~alfeas.ance, misfeasance, neglected duty, habitual drunkenness, · ncompe=ence, or permanent inability to perfo~h his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed a~nd sworn t9 before me this ~ day of~~~ ~ to me or has P~oduced .... as identification. (SEAL) xaT~ ~&~aU~R Notary Public; State of'Florida ~ Name of Notary (Prin~ed or Typed') Commission No.- ' \ws- form\ application City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE(407) 589-5330 D FAX(407) 589-5570 SUBJECT: Gardenia Street Right of Way Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted ENG / P~ 10-21-93 For Agenda of 10-27-93 Exhibits: Location Map Letter to Warren Dill 9/28/93 Letter to Bruce Cooper 10/11/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Staff has been notified of a small oversight that took place with the platting of San Sebastian Springs. During the platting procedures, the developer for San Sebastian Springs had dedicated an additional 25 feet along his east property line comprising the west 1/2 of right of way for Gardenia Street. The City accepted this dedication and constructed a 20 foot pavement section along the right of way. As indicated on the map there was a small parcel of land that had not been annexed in the City and still remains within the County. The property owners are in the process of selling the property and discovered through the survey that the road was constructed on private property. It is the property owners desire to dedicate the east 25 feet of their property to the City so that the City would be the legal owner of the entire stretch of road in right of way known as Gardenia Street. See letter to Bruce Cooper dated October 11, 1993. Staff concurs with the acceptance of this portion of right of way and has agreed to work with the property owners. In addition staff has recommended annexation of this property into the City of Sebastian and proposed that the property be rezoned to RS 20 which would be consistent with the surrounding San Sebastian Springs subdivision. See attached letter dated September 28, 1993 to Warren Dill. Upon City Council's approval for the acceptance of this property staff would secure title insurance and process the dedication to have it recorded in the public records of Indian River County. RECOMMENDED ACTION Move to accept the east 25 feet of the out parcel in San Sebastian Springs and direct staff to have the property properly recorded. / l/ ! I I I i I I I I I I I I I I I I ~ I ~ UMITS RS-20 3 14 City of Sebastian 1225 Main Street o SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 n FAX (407) 589-5570 September 28, 1993 Warren W. Dill 9025 U.S. Highway #1 Sebastian, FL 32958 Reference: Gardenia Street Right-of-way Dear Warren: 32958 I am in receipt of your letter dated September 20, 1993, regarding the existing County enclave located on Gardenia Street which is owned by Mr. Bob Friend. Staff would encourage the annexation of this property into the City of Sebastian and.would propose that this property be rezoned to RS- 20 which, would be consistent with the surrounding San Sebastian Springs Subdivision. It has come to my attention that apparently back in 1984 when the San Sebastian Springs Subdivision was approved, the City required the developer to pave an additional 10 feet onto the existing 10 foot pavement for Gardenia Street which, created a 20 foot wide pavement. This would not have been a problem since all of San Sebastian Springs property was also dedicating an additional 25 foot of property for the right-of-way of Gardenia Street but, the City failed to identify that this enclave was not part of the San Sebastian Springs development. In effect, the 10 foot of pavement was placed over private property that was not dedicated to the City for a public right-of-way. After discussing this matter with the Assistant City Attorney, Richard Torpy, it would be staffs opinion that a favorable recommendation to the Board of Adjustment would be presented on behalf of the applicant that wishes to subdivide the parcel of land in to two lots but unable to meet the minimum lot size requirements. Since the City needs an additional 25 feet of your client's property, this would make each lot deficient of 575 square feet of the minimum 20,000 square foot requirement. Warren Dill Septe~er 28, 1993 Page 2 Please keep in mind that these reco~endations are no guarantees and the applican~ would be required to pay filing fees for the annexation, rezonlng land use subdivision plat and variance. The .land use ~en~ent would also have to be s~mitted to the Department,of Co,unity Affairs which the overall processing would take a mlnlm~ of 5 months. If you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. _ c_~ru~ cgoper ~i~~ of Co,unity Development BC/gk wdill.wp WA.[[.iLEN W. DILL OF: I~LORIDA BAP~ ~*OMiNG BAR N]~BRA~KA BAX W. P. A. AI-rOP,.NEY-AT- LAW Mr. Bruce Cooper City of Sebastian 1225 Main Street Sebastian, FL 32958 BY FACSIMILE TRANSMISSION THIS DATE re: October 12, 1993 Gardenia Street Right of Way Dear Bruce: This will confirm our conversation of yesterday, October 11, 1993, concerning thc City's acceptance of a Deed from Suzanne Friend for right of way on Gardenia Street. I understand that this matter will be placed on the Council's Agenda tbr October 27, 1993. At this meeting the Council will take final action on this matter so that closing can occur on the tbllowing Monday. The closing on this sale from Suzannc Friend to Al and Denise Frances has been rescheduled to Monday morning November 1, 1993, to accommodate the City Council Meeting on October 27, 1993. Thc title work has already been done by Commercial Title. You may contact Kim at 388- 0072. If the City wants Title Insurance, they may obtain it through Commercial Title and the title company can then prepare the Deed to the City. By copy of this letter to the individuals named below, I am advising them of the City Council Meeting and new closing date. Thanking you in advance for your assistance, I remain Very truly yours, Warren W. Dill cch Mr. and Mrs. Albert E. Frances Mr. and Mrs. Robert A. Friend Debbie Underwood, Manager of SunBank of Roseland Klm, Commercial Title City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Lions Club - Use of Riverview Park ) Lions Club - Steak Fry ) ) ) ) Approved For Submittal By: city Manager Agenda No. ~5- ~Z-? Dept. oriqin city Clerk Date Sub~$tted 10/15/93 For ~kqenda Of 10/27/93 E~h,ibits: Letter dated 10/15/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Doug Anderson representing the Lions Club for use of Riverview Park to hold a Steak Fry on November 6th 1993 between the hours of 2:30 and 6:30 P.M. They will be accepting a donation of $7.95 per dinner. They were advised that the Craft Club of Sebastian would be using the park that day also. They indicated that it would be to their advantage since it would probably generate more business. The following is a list of conditions for use of Riverview Park 1. $100.00 security deposit. 2. No vehicles within the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entrance ways. 6. The sale of premanufactured items is prohibited. 7. Applicant must contact the Health Department regarding the sale of food. RECOMMENDED ACTION Review the above request and act accordingly. · INT£LLIGrNC£ · SEBASTIAN S£BASTIAN. FLORIDA - 3::'958 COUNCIL MEMBERS CITY OF SEBASTIAN OCTOBER,15,9~ THE LIONS CLUB OF SEBASTIAN FORMALLY REQUESTS THE USE OF RIVERVIEW PARK TO 'HOLD A STEAK FRY FROM 2:30-6:30 P.M. ON SATURDAY NOV. 6TH 1993. THANKING YOU IN ADVANCE. PHONE 664-7201 7490 AGAWAM RD MICCO, FL. 32976 SEBASTIAN L IONS CLUB STEAK DIN'NER SATURDAY NOV. ;11993 2:30-6,30 P.M. RIVERVIEW PARK .S E BAS T I A.N, F L