HomeMy WebLinkAbout11101993 City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 10, 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Harold
Church
4. ROLL CALL
Lee - First Baptist
AGENDA MODIFICATIONS IADDITIONS ,AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
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i
I
93.337/
89.003
P~S ~-~
93.085
PGS 3-16
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please ~ote: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
Sebastian Municipal Community Compatibility Study
and Airport Master Plan (Final Master Plan Was
Previously Distributed) (Advertised 11/5/93 and
11/10/93) (City Clerk/Acting City Manager
Transmittal dated 11/3/93)
B. ~ESOLUTION ~0. R-93-65 - Sebastian Lakes
Development Agreement (Director of Community
Development Transmittal dated 11/3/93, R-93-62,
Development Agreement)
1st Publlc Hearing, Znd Public Hearing to be Held on
November 17, 1993
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices)
8. 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.
PGS 17-43
93.338
PGB 45-47
93.339
PGS 49-50
93.340
PGS 51-53
93.341
PGS 55-63
93.263
PGS 65-96
Approval of Minutes - 10/27/93 Regular Meeting,
11/3/93 Special Meeting, 11/3/93 Workshop
Rotary Club - Request Use of Community Center -
Thanksgiving Turkey Raffle - 11/15/93 - 6 p.m. to
12 p.m. - Rental Fee Waiver - A/B - Permittee
Anthony Donini DOB 2/3/55 (City Clerk Transmittal
dated 10/26/93, Application, Donini Letter dated
10/26/93)
Waiver of Bidding Procedure - Police Department
Rental Vehicle through M.A.C.E. - Mear's
Leasing - $350.00 Per Month - Below Current Lease
Price (city Clerk Transmittal dated 11/2/93,
Acting Chief of Police Memo dated 9/24/93)
Waiver of Bidding Procedure - Police Department -
Purchase One '94 Chevrolet Cargo Van - Jerry Hamm
Chevrolet of Jacksonville - $12,777.80 - Below
Current State Contract Price (Chief of Police
Transmittal dated 11/3/93, Chief of Police Memo
dated 11/3/93)
Receive Code Enforcement Complaint Nos. 93-8571
(Holland), 93-8469 and 93-8652 (Vredenburgh)
RESOLUTION ~0~ R-93-63 - Establishing Compliance
with 180.301 F.S. and Ratification of GDU
Purchase & Sales Agreement (Finance Director
Transmittal dated 11/4/93, R-93-63, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR CERTAIN
DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED
IN SECTION 180.301, FLORIDA STATUTES; RATIFYING THE
CITY OF SEBASTIAN, FLORIDA/GENERAL DEVELOPMENT
UTILITIES, INC. WATER AND SEWER SYSTEM PURCHASE AND
SALE AGREEMENT AS SIGNED BY THE MAYOR AND CITY CLERK,
A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AS
EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
9. PRESENTATIONS
3
10. MAYOR /%ND CITY COUNCI~MATTERS
11.
12.
13.
93.312
PGS 97-113
14.
15.
93.342
PGS 115-117
93.343
PGS 119-120
93.344
PGS 121-127
16.
93.345
PGS 129-135
A. vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Freeland
E. Mayor Lonnie R. Powell
CITY ~TTORNEY MATTERS
CITY MAN~G~ MATTERS
C_~ REPORTS/RECOMMENDATIONS
A. CONSTRUCTION BOARD
Reappoint John Laman and Jerald Smith for
Additional Three Year Terms to Expire
September 30, 1996 (Director of Community
Transmittal dated 11/1/93, Sec. 26-191(b)
Code, Director of Community Development
Transmittal dated 9/17/93, 3 Applications)
OL.__D.D~USINESS - None
NEW BUSINESS
Police Department Records Division Position
Upgrades (City Clerk/Acting City Manager
Transmittal dated 11/3/93, Position List)
City Employee Health Insurance Coverage (Finance
Director Transmittal dated 11/3/93)
Waiver of Bidding Procedure - Public Works -
Backhoe - Case Power Equipment - $35,850 (City
Engineer Transmittal dated 11/4/93, Thomas Letter
dated 11/2/93, Clop, in Letter dated 10/27/93,
Proposals)
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Indian River REACT - Request Use of Yacht Club -
First Monday of Each Month - 7 p.m. to 10 p.m. -
Monthly Business Meetings - Rental Fee Waiver and
Reduction of Security Deposit to $100.00 (City
Clerk Transmittal dated 10/29/93, Rodefer Letter
dated 10/26/93 w/ Backup)
4
93.346 B.
Leroy Hiers - Discuss Use of Barber Street Sports
Complex - Softball (No Backup)
17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
iN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
City of Sebastian
~C-ST C~;-;-~C.E- 7_. ..... ~ SEBASTIAN, FLORIDA '~
TELEPHONE (407} 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Sebastian Municipal Airport
Community Compatibility Study
and Master Plan
AP~PROVE~ FOR SUBMITTAL BY:
City Manager.Q~.~_~,d
Agenda No. ~ 55 7
Dept. Origin Ci~ ~
Date Submitted 1_~
For Agenda Of
Exhibits:
Plan Previously Distributed
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
The final draft of the Sebastian Municipal Airport Community
Compatibility Study and Master Plan, as prepared by Williams,
Hatfield and Stoner, Inc., with comments from the Florida
Department of Transportation and the Federal Aviation
Administration, was received and distributed to City Council
October 27, 1993.
on
The November 10, 1993 public hearing was advertised on November
5, 1993 and will be repeated on November 10, 1993 to encourage
public participation. ,
Subsequent to the public hearing, should City Council approve the
master plan, the City Attorney should be directed to draft an
ordinance to place a referendum question on the March 8, 1994
ballot to amend the City Charter.
The tentative schedule for the proposed ordinance would be as
follows:
* ordinance First Reading - 12/15/93
* Advertise ordinance - Legal Notices - 12/29/93
* Ordinance Adoption - 1/12/94
* Advertise Referendum Question - Legal Notices - 1/31/94
and 2/14/94
* General Election - 3/8/94
If City Council approves the Airport Master Plan, direct the City
Attorney to prepare an ordinance placing a referendum question on
the March 8, 1994 ballot to amend the City Charter.
SUBJECT: PUBLIC HEARING FOR
SEBASTIAN LAKES DEVELOPMENT
AGREEMENT
City of Sebastian
1225 Main Street ~ SEBASTIAN. FLORIDA. 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570
) Agenda Number:
)
) Dept. Origin: Communitv Development
Approval for Submittal By:
Manager ...........
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
) 2.
)
1%/3/93
(BC)
11/,10/93
Development Agreement
Resolution R-93-62
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
.SUMMARY STATEMENT
I At its regular meeting of September 8, 1993 the City Council rescheduled the
two public hearings on the development agreement for Sebastian Lakes for
INovember 10 and November 24, 1993. Since that time, the City Council has
rescheduled the November 24th meeting to November 17, 1993.
i If you recall, the lastest change in this ongoing negotiation with
representatives of Sebastian Lakes was to have them provide all bidding
documents for the City of Sebastian to bid Laconia Street for a specific cost
iin order for them to understand the full impact of this project. Due to
problems with St. Johns Water Management and their existing engineer, they
have hired another engineering firm and have completed the construction
documents for Laconia Street and submitted them to the'City Engineer for
I their approval. Due to the lateness of the documents being received by this
department, we are unable to go out to bid to provide the cost in time for
the public hearing of November 10, 1993. I did advise them that I would not
irequest another time extension in this matter and their new engineering firm
and consultants have convinced the owners to bid the project and pay all
costs themselves without the City of Sebastian getting involved except for
the approval of the construction plans and the acceptance of the road
Iimprovements.
Page 2
Therefore, the proposed development agreement which would allow them to
retain the existing zoning and land use rights for ten years will provide the
following for the City of Sebastian:
1. The applicant will be responsible for. all construction costs to
construct Laconia Road in accordance with the Laconia Road plans. This
will provide a two lane roadway into County Road 512, with a right turn
in and a right turn out only.
The applicant will start construction within 15 days from the date of
issuance of the St. Johns Water Management District permit.
The applicant will provide a drainage easement for all drainage
improvements associated with the new improvements to Laconia Road.
The applicant will dedicate an additional 20 feet of right-of-way for
Roseland Road extension within 60 days of this agreement. This
agreement will also require the applicant or its successors to construct
Roseland Road and any associated turn lanes and traffic signals that are
needed prior to the certificate of occupancy for commercial use of the
property.
Prior to the final adoption on November 17, 1993, the applicant will have
received their bids concerning Laconia Road and staff should have some
direction from St. Johns on the status of issuance of their permit.
I know the City Council has been patient regarding this ongoing negotiation ·
and I believe this agreement satisfies all concerns.
RECOMMENDED ACTION
Hold the public hearing for November 10, 1993 and advise the public of the
second public hearing and final adoption of Resolution R-93-62 on November
17, 1993.
RESOLUTION NO. R-93-62
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING
FOR SUBMITTAL OF A COPY OF THE RECORDED DEVELOPMENT
AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING' FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sebastian Lakes Associates, a Florida general
partnership, has requested that the City sign a Development
Agreement; and
WHEREAS,
reviewing the
the City Council of the City of Sebastian, after
proposed Development Agreement submitted by
Sebastian Lakes Associates, for its approval, after conducting
two public hearings in accordance with Section 163.3225(1),
Florida Statutes, and Section 26-210 of the Code of Ordinances of
the city of Sebastian, and after engaging in deliberations, has
determined that it would be in the best interest of the City of
Sebastian and its citizens, and in furtherance of a valid
municipal purpose, for the City of Sebastian to enter into the
proposed Development Agreement with Sebastian Lakes Associates.
NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section !. RECITALS. The recitals contained in this
Resolution are hereby adopted by the City Council of the City of
Sebastian.
Section ~. AQREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed
Development Agreement submitted by Sebastian Lakes Associates,
the proposed Development Agreement having been attached to this
Resolution as Exhibit "A" and by this reference is incorporated
herein.
~ 3_=. RECORDINQ AND SUBMITTAL. The original
Development Agreement shall be forwarded by the City Clerk to the
Clerk of the Circuit Court for Indian River County for recording.
A copy of the recorded Development Agreement shall be submitted
to the Florida Department of Community Affairs by the Director of
Community Development.
Section A. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
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
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.
~ ~. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for
Councilmember .
seconded by Councilmember
being put into a vote, the vote was as follows:
adoption by
The motion was
and, upon
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this
day of , 1993.
CITY OF SEBASTIAN
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
DEVELOPER'S AGREEMRNT RELATING TO SE~TIAN LAKES
THIS AGRE~ is made this day of . 1993 between SEBASTIAN
LAKES ASSOCIATES, a Florida general parmer~ and its successors in interest w the
Property as hereinafter defined ("Associates'), and the CITY OF SEBASTIAN, a Florida
municipal corporation (''the City").
A. Associates. is the. owner, o.f property located withi,~ the City of Sebastian and
more particularly described m Exhibit A (attached hereto and made a pan hereof),
hereinafter referred to as the Property.
B. The Property, pursuant to Ordinances 202-8 and 0-88-45 of ~e City of
Sebastian adopted on Sune Il, 1984, and December 7, 1988 respectively, consists of 35.5
acres which is included within a Residential Planned Unit Development (PUD-R) zoni~
dis~ct ("Sebastian Lakes PUD") and 17.57 acres which is zoned CG Commercial. Of the
acreage designated commercial, approximately 3.31 acres is or shall be required to be
dedicated for Roseland Road. ·
C. As of the. da~ of ._this Agreement the Sebastian Lakes PUD has been
developed with 64 mulu-family units and a County IJbrary fac/lity.
D, O,rdinances 202-8 .and 0-88-45 require the developer of the Property t.o
undertake certain transportation ~mprovements and to dedicate the right of way for certain
roadway improvements ht conjunction with ccnnin development on the Property.
E. The City wishes to have certain of those roadway improvements constructed
at this time and to have dedications of r/ght of way made at this time although Associates
is not presently developing the Property.
F. Associates is agreeable to funding the construction of certain of those
improvements and thc dedication of right of way at this time, prior to the development of
the Property provided that the Property retains certain development rights as necessary to
ensure the fights of Associates and its successors in title to develop the Property as
described herein.
G. This is a Developer's Agreement as authorized by Ordlnnnce of the City of
Sebastian and by Sections 163.3220 to 163,3243, Florida Statutes, the Florida Local
Government Development Agreement Act.
H. The City has conducted two public hearings prior to the approval of this
Agreement. Those hearings were held on November 10, 1993 and November 17, 1993.
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NOW, THEREFORE, in consideration of thc promises and mutual covenants
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
I agree as follows: .
. 1. Recitals. Thc foregoing rccitals are u-uc and correct and are incorporated
I hereto. .
2. _UsesPermiRed. The presen! comprehensive plan land. usc and
I designations of the Property permi! the Property to be developed with 17.~? acres of
commercial usc (less the acreage dedicated or required ~o be dedicated for right-of-way) and
I 284 additional residential units on 3~.5 acres~('Permi~ed Uses').
3. A~_ pt-ovals Receivell and Re~_ulred.
i a. The Property ha~ received the following approvals:
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(1)
The necessary comprehensive plan land use ~ and zoning
approvals to permit the Property to be developed with the Permitted
Uses;
Thc Property is included within a Plat entitled the Sebastian Lakes,
Unit 1 Plat, which is recorded in Plat Book 12, Page ll-A of the Public
Records of Indian River County;
(3) Conceptual approval for the Sebastian Lakes PUD.
Before the Property may be d~veloped with the Permitted Uses, the developer
of such uses shall be required to obtain the following additional approvals
from the City:
i (1) Tracts G end. O-1 require final development plan approval and
building patrons;
I (2) The remainder of the Property requires preliminary and ~-,,~
development plan approval and building permit.
I 4. public Facilities. Thc public facilities necessary to serve the development of
the Property with the Permitted Uses are as follows:
Traffic Facilities. The additional roadway improvements necessary to providc
adcquat~ capacity and safe access to serve thc Property are the following:
The construction of Laconia Road from Grandeur Avenue to FellsmeFe
Road as a two.lane facility.
I -2-
(a)
(b)
(d)
Associates has submitted to the City plans for the construction
of Laconia Road, which are described as
dared ("Laconia Road Plans").
The Laconia Road Plans have been approved by the City and
the City hereby agrees to issue a permit in accordance with the
Laconia Road Plans,
Associates has applied for a water management permit from the
St. John's Water Management District ("SJW~") to build
Laconia Road, Assodates will commence construction of
Laconia Road in accordance with the Laconia Road Plans
within 15 days after the date that the S,IWMD issues the water
management permit in accordance with the Laconia Road
Plans. Associates shall be responsible for all construction costs
to construct Laconia Road in accordance with the Laconia
Road Plans. If the S.IWMD fails to issue a water management
permit in accordance with the Laconia Road Plans within 90
days of the date of this Agreement, then Associates and the
City will rencgotiate this section of the Agreement in order to
determine the most appropriate method of completing the
construction of Laconia Road.
Upon completion of the construction of Laconia Road in
accordance with thc Laconia Road Plans, thc City agrees to
approve the construction and accept the road,
Associates will, prior to the City's acceptance of the addition to
Laconia Road, convey to the City a drainage easemem over
that property described in Exhibit "B" to this agreement
("Drainage Easement Area") in order to provide drainage for
the portion of Laconia Road to be constructed. Associates shall
have no obligation to correct any drainage deficiendes that may
cx/st with respect to the portion of Laconia Road previously
constructed. Associates and its successors in interest to the
Property shall be entitled to use the Drainage Easement Area
to meet the City's landscape requirements for the development
of the Property.
Associates has previously placed into escrow with the City
Attorney $65,000.00 for the construction of Laconia Road.
Within five (5) working days after this Agreement is fully
executed, the City Attorney shall return to Associates thc
$65,000.00 which is bein~ held in escrow.
-3-
The dedication of' an additional 20 h~t of' Fight.of w~ fbr Roseland
Road and the construction oFRose]and Road f~om Fellsmere Hishway
(County Road S12) to Laconia Road. Associates shall the
additional 20 f~t of ri~ht-of-way as descn'bext in H. xhiblt "C' to th/s
of ~his Assoaa~es successors m interest W the
or
property th~! ~ in a C~ Co~ner~ hnd use d~p~tion ~ be
required w ~on~a~ Ro.~hnd Ro~d from lre~nere Hi~y W
L~con~ ~oad p~or to the ~u~.e of the Fn~! cer~5~ of oc~upan~f
for commer~ u~ on the ProperS. Ro~hnd ~oad ~ be
i constructed as a twenty-four foot wide two.lan~ facility without curbin~
and ~t~ the cnstomar~ swale drainage.
I (3) Tarn Lanes and ~ Si~nallzstion. A~.sociates or its succer, sors in
interest to the Property may also be required to construct turn lanes
or deceleration lanes to serve the Property from Roseland Road or
i from Fellsmere Hi.gh~, y and .to provide for such Irnt~c signalization
as ~s warranted at the m~ersection of Fellsmere Highway and Roseland
Road. Such improvements which are necessar~ W provide s~e and
I adequate access to the Property shall be determined at the time of site
plan approval for the development of the Property,
I b. W~-r and Sewer. The water and sewer facilities necessary to serve the
Property are, based upon the data in the Comprehensive Plan, expected to be
adequate to provide for the development of the Property with the Permitted
Uses as descn'be.d, !n Exhibit D ,.o. this Agree.m.,ent The reservation of
capacity and conditions for connecting W the utility systems that serve the
Pr..o!,~, rty are thc subject of separate agreements, or where not covered by
ems~ agreements through agreements.
shall
addressed
future
c. Recrca.ti0n and, C)p_¢~ _Space. ,The, City's level of service for parks and
I recreational facilities as adopted m ]t~ Comprehensive Plan is two acres per
one thousand residents. The Comprehensive Plan states that based upon the
I adopted level of service, thc City has adequate park and recreational facilities
to accommodate thc growth of the City beyond the year 2010.
d.
~ The City's Comprehensive Plan shows that the existing landf'flls
that serve the City have adequate capacity to serve the Ci~s needs for more
than 25 years.
Development Rt_nhts of Associates, Pursuant to this Agreement:
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The City shall not during the effective period of this agreement alter the
Comprehensive Plan Land Use designation and/or zonir~ for the Property,
-4-
except at the request of the then owner of the portion of the Property for
which the change is requested. ~l
Associates shall be entitled to develop the Property in accordance with the
Permitted Uses provided .that Associates complies with provisions of
Section 4.a. above and obtains the further approvals required as described
under Section 3.b. City shall not unreasonably withhold such approvals and
shall review applications for such approvals based on thc findings as set forth
in Section 4 regardivg the adequacy of public facilities.
The development of the Property in acc?rdance with thc above stated
·
provisions of this Agreement is consistent with the Comprehensive Plan and ·
land developmen! regulations of the City of Sebastian and will m~t all traffic~
parks and recreation, and solid waste concurrency requfrcments for the ·
development of the Property with the Permitted Uses.
·
Should Associates or its successors in interest to all, or a 1~. rt,.on of the
Property, ob*sift approval for an amendment to the Comprehenmve Plan Land
Use designation and zoning for the Property to chan~e the Permitted Uses,
then the Property shall be deemed to meet traffic concurrency for the
development of uses that do not exceed the traffic impacts of the Permitted
Uses as descn'bed in Exhibit D to this Agreement. If such a change of uses
does exceed the trnt~ic impacts of the Permitted Uses then the Developer of
such new uses shall be required to meet waffle concurrency only for thc waffle
impacts which are additional to the traffic impacts of the Permitted Uses.
Such additional traffic impacts shall be calculated by comparing the trip
generation of thc Permitted Uses to the trip generation of the new uses. In
addition such a change of Permitted Uses shall be deemed to have met
concurrency for Parks and Recreation for that number of residential units
which generate the same w~mber of residents as the Permitted Uses,
ii. Additional Permits. Conditions, RestrictlonsandTerms. To the e. xtent that
this Agreement has failed to address a requirement for a particular permit, term, condition
or restriction, such failure shall not relieve Associates of the necessity of comply with the
law governing such permitting requirements, conditions, term or restriction provided that
any such City permit, condition, term or restriction does not prevent Associates from
cnjoyin§ the d~clopment rights as set forth in Section 5 of this Agreement, which fights
have been granted in exchange for Associates agreement to provide infrastructure
imprc~,ements prior to the development of the Permitted Uses.
7. ~. City shall support and provide reasonable assistance to
Assodates in obtaining impact fee credits from Indian River County for the dedication of
fight-of-way for and construction of Roseland Road,
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8. Term. This Developer's Agreement shall be valid for a period of ~en years
from the date of the Agreement.
]l~0~l~l~ll. This Agreement shall be. recorded in the public records of
9.
Indian River County and shall bc binding upon and inure to the benefit of the successors
and of thc
~ssigl~
parties.
10. Notices. All notices pursuant to this Agreement shall be sent to the following
Associates: sebastian Lakes Associates
c/o St Paul Corporallon
c/o Ch~ ~~an Ba~
101 Park Avenue
N~w York, New York 10178
Attention: Cheryl Freindlich
As ~o City: Community Developmem Director
~ty of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
11. Attorneys' Fees nnd Costs..Th.e prevailing P.arty in m~y suit brought to enforce
the ~erms of this Agreement shall be entitled to recover ~z reasonable atto~' fees and
costs incurred in the litigation and appeal of such an action. The prevailing party shall be
the that prevails following the exhaustion of all appeals.
party
12. Venue. Venue for purposes of any litigation brought by either party to enforce
~ determine and obligallons of the parties to this
Agreement
or
rights
pursuant
Agreement shall be Indian River County, Florida,
13. Date of this _.4~eement, The date of th;_~ Agreement shall be the date the
Agreemcn~ is fully executed.
14. Entire ~A~n~eme~ Except as specifically stated herein, this Agreement and
the Exhibiti referenced herein constitute the entire .agreement between the parties and
supersedes all agreements, representations, warranties, statements, promises and
understandings not specifically set forth in this Agreement and specifically supersedes and
renders null and void that Agreement between Associates and the City dated March 31,
1992. Neither party has in any way relied, nor shall in any way rely, upon any oral
agreements, not specifically set forth in this Agreement or in such documents.
!
!
-6-
15. Ameudmeat. Neither ~hls A~reement nor any term hereof may be chau~ed,
waived, discharged or terminated orally, but only by au imtnnnent in writing signed by the
party against which enforcement of the change, waiver, discharge or termination/s sought.
16. ~l~l~,l. Th~ headin~ in this Agreement are for purposes of reference only
and shall not limit or otherwhe affect ~he mean/n~ hereof.
IN WlTNES~ WHEREOF, the parties have executed this Agreemem on the date
specified below, with the ~ity authoriz~ to execute t_hi$ Agreement following public
hearin~ on and
CITY OF
municipal corporation
SE~, a Florida
, Mayor
ATI~ST:
City of Sebastian
Approved as to form:
, CRy Clerk
day of
Charles lan Nash~ Attorney
.7.
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s'r~,~ oF )
)
couNI~ OF )
The foregoing instrument was acknowledged before me this ._ day of ,1993
I by .................. as Mayor of the CITY OF $]ERASTIAN, a municipal
Flori~
corporation, on behalf of the corporation. He/she personally appeared before me, E/are
personally known to me or produced .... as identification, and [did] [did not]
[NOT~
Notary:
Print Name:
Nots.-y Public, State of
My commission expires:
-8-
'-
SEBASTIAN LAKES ASSOCIATES, a
Florida gcneral partnership
By: St. Paul Corporation, General
Panuer
Witness:
_ 101 Park Avenue
New York, NY 10178
Witness: day d
STATI~ OF ~ )
) ss:
cou-~'y O]= . . .. ~. )
The foregmng instrument was acknowledged before me this _ day of ,1993
by ~ ~ as ~ of St. Paul Corporation,
Managing Gen.er.a] Partner of Sebastian---L~k--~ Assodates, and Sebastian Lakes Associates,
a Florida mumapal general partnership and its successors in interest on behalf of the
partnership. He/she personally appeared before me, is/are personally known to me or
produced as identification, and [did] [did not] take an oath.
[NOTARIAL SEAL]
Nota~..
Print Name: ......
Notary Public, Sme of
My commi-~ion exp/res:
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City of Sebastian
f-~C-~T CF-ICJ_ ~,CX 7E'~27 [] SEBASTIAN, FLORIDA ~
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 27, 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.
Invocation was given by Reverend Jim Brown,
Community Baptist Church.
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
Finance Director, Marilyn Swichkow
Staff Accountant, chris Moore
Deputy City Clerk, Sally Maio
Regular City Council Meeting
October 27, 1993
Page Two
93.326
~MODIFIC&TIONS (ADDITION~ ~IOR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
Mrs. Damp recommended that item 15 A (93.326 -
Gardenia Street Right-of-Way), be moved up on the
agenda, since there is a closing on this property on
Monday and it is possible that the agenda will not be
completed.
MOTION by Corum/Freeland
I make a motion to move 93.326 15A to item 6A.
VOICE VOTE on the motion carried 5-0.
The City Attorney advised that consent item F (93.263
- Resolution No. R-93-61) be removed from the agenda
until the November 3, 1993 special meeting.
Mr. Oberbeck requested that "Mayor and City Council
matters" be moved to 13 B under "Committee
Reports/Recommendation".
MOTION by Oberbeck/Freeland
I move to that effect.
VOICE VOTE on the motion carried 5-0.
MOTION by Oberbeck/Damp
I would move to remove item F of the consent
agenda Resolution No. R-93-61 item number 93.263 F.
VOICE VOTE on the motion carried 5-0.
6. PROCLAMATIONS AND/OR ~OUNCEMENTS
None.
15 .A.
Gardenia Street Riqht-of-Way (City ~
Transmittal dated 10/21/93, MaD~ Cooper Letter
dated 9 8_9_9~ Dill Letter date~ 10112193)
This item was previously moved up on the agenda.
The Director of Community Development gave a brief
explanation and he and the City Engineer responded to
questions posed by the City Attorney regarding the
condition of the road.
2
'~egular city Council Meeting
October 27, 1993
Page Three
93.246
MOTION by Freeland/Damp
I make a motion that we move to accept the east
25 feet of the out parcel in San Sebastian Springs
outlined in 93.326.
Mr. Oberbeck requested that "direct staff to have the
property properly recorded" be added and Mr. Freeland
concurred.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
7. PUBLIC HEARING~ FINAL
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 No~ 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 H~ - Fischer Special
Use Pgrmit ~ Mulching and Burninq ((Director of
~ Deve.~gpment Transmittal dated ~
AppliGation, ~ Letter~ dated 6_~ and
~ R-92-33. Dound Information ~ Under
SeDarate cover !Previouslv Distribute~).
Mayor Powell opened the public hearing at 7:12 p.m.
Melody Manning, 7925 92nd Avenue, Vero Beach,
Florida, upon being sworn in, made inquiries to the
Director of Community Development, who was also sworn
in.
Regular City Council Meeting
October 27, 1993
Page Four
Ms. Manning continued with her inquiries.
Mrs. Corum inquired how many structures are permitted
on the property, and the Director of Community
Development stated that a construction trailer and
security mobile are permitted.
Fred Mensing, 7580 129th Street, Roseland, and Harry
Thomas, 654 Balboa Street, Sebastian, upon being
sworn in, made inquiries to the Director of Community
Development.
Ail others previously signed up declined to speak or
were absent.
Attorney Warren Dill, representing Henry Fischer,
introduced Randy Mosby, Mosby & Associates, who upon
being sworn in,
TAPE I - SIDE II (7:48 p.m.)
responded to Attorney Dill's inquiries relative to
alleged violations, the purpose of the applicant's
appearance before City Council to amend the legal
description and to extend approval to five years, the
use being temporary due to the value of the land, the
site's location in proximity to other residential
properties, steps taken to comply with Fire
Department regulations, benefits to the citizens and
builders in Sebastian, and the existence of two
building structures on the site.
Mr. Mosby responded to questions posed by the City
Attorney and Director of Community Development,
relative to profit of operation as opposed to
development of sites in this subdivision and
preparation of the original legal description.
Mr. Mosby responded to questions posed by Melody
Manning, Harry Thomas and John Laman.
Robert Walker, Vice President, Empire Engineering,
Vero Beach, responded to questions posed by Attorney
Dill, and subsequently Attorney Dill submitted a
letters from Robert Walker and Daniel Dietz to the
City Clerk for the record.
Mr. Walker responded to questions posed by the
Director of Community Development, the City
Attorney, and Melody Manning.
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'.Regular city Council Meeting
October 27, 1993
Page Five
Melody Manning presented testimony to City Council
regarding alleged violations on the site and
proximity to schools and residential areas.
Ms. Manning responded to questions posed by the
Director of Community Development and Attorney Dill.
TAPE II - SIDE I (8:36 p.m.)
Attorney Dill continued his inquiries to Ms. Manning
and submitted a letter from Robert and Marian
Johnston of Vero Lakes Estates.
Mayor Powell called recess at 8:47 p.m. and
reconvened the meeting at 9:00 p.m. All members were
present.
Fred Mensing presented testimony to City Council
relative to benefits of the mulching operation and
was cross-examined by the city Attorney relative to
land clearing costs.
Harry Thomas presented testimony to City Council
relative to residential property being allegedly used
for full-scale industrial and was cross-examined by
Attorney Dill.
John Laman, 4500 Hunters Run Circle, Grant, upon
being sworn in, presented testimony to City Council
in support of the facility.
Attorney Dill inquired whether any city Council
members intend to bring up any issues that were not
discussed tonight. Mayor Powell said he had received
a phone message regarding smoke in the area and had
discovered from Vice Mayor Oberbeck that the smoke
was in the area of 1-95. Mr. Freeland noted that
there are some comparisons between the Fey request
and this one. Mrs. Damp said she had received calls
regarding burning and had discovered that it was on
the Coraci property. Mrs. Corum said the word in the
environmental community is that this type of burning
will be stopped in 1994.
The city Attorney called Henry A. Fischer, to
testify, and upon being sworn in, he responded to
questions posed by the City Attorney.
Regular City Council Meeting
October 27, 1993
Page Six
The City Attorney noted that based on Mr. Fischer's
testimony the operation is in violation based on the
legal description.
The Director of Community Development followed up
with questions to Mr. Fischer relative to the survey
submitted with the previous application.
TAPE II - SIDE II (9:36 p.m.)
A lengthy City Council member deliberation ensued and
each made inquiries to the Director of Community
Development, Henry A. Fischer, Randy Mosby, and Fred
Mensing.
TAPE III - SIDE i (10:20 p.m.)
Attorney Dill made closing statements relative to the
applicant's request to modify the legal description,
grant an extension of five years and correct any
alleged violations that may exist on the subject
property.
Melody Manning offered further testimony to City
Council.
At 10:30 p.m. motion was made as follows.
MOTION by Oberbeck/Damp
I would move that we extend the meeting thirty
minutes.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Mayor Powell called recess at 10:30 p.m. and
reconvened the meeting at 10:36 p.m. Ail members were
present.
Mayor Powell closed the public hearing at 10:36 p.m.
MOTION by Corum/Freeland
I make a motion that Council rejects the five
year extension for the mulching and incinerator
project.
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',Regular city Council Meeting
October 27, 1993
Page Seven
93.311
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
MOTION by Corum/Oberbeck
I make another motion that Council amends the
site plan to reflect the change in the staging area
of the mulching facility.
The city Attorney added "with a corrective legal
description" and "and direct the City Attorney to
draft a resolution to present to Council to approve
that" and Mrs. Corum and Mr. Oberbeck concurred.
The City Attorney said he would request a survey and
proper legal description from the applicant.
Discussion continued on the site that was approved in
1992.
ROLL CALL:
Mr. Freeland - nay
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-1 (Freeland - nay)
It was noted that this special use permit will expire
in July 1994.
iTEMS ~ARRIED FORW/tRD FROM 10/13/93 AGEND~
RESOLUTION NO. R-93-54 - National Flood
Insurance Reform Act of 1993 - Recommending
Changes (City Clerk Transmittal dated
10/7/93, R-93-54) (From Councilmember Freeland'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.
Regular City Council Meeting
October 27, 1993
Page Eight
~93.312
93.313
The City Attorney read Resolution No. R-93-54 by
title only.
Peter Fallon, Veto Beach, urged approval.
MOTION by Oberbeck/Freeland
I'm going to move to adopt Resolution No. R-93-
54.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-1 (Corum - nay)
B. Construction
Reappoint John Laman and Jerald Smith for
Additional Three Year Terms to Expire
September 30. ~ ~Director of ~
Development Transmittal dated 9/17/93.
!APPlications]
MOTION by Oberbeck/Corum
I move to postpone this item to the next regular
meeting.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Damp - nay)
C. ~ Pension Board
confirm Appointment of Fifth Member ~Q ~0
~ ~ to ~ 10195 - Judx Robinson
(City C~grk Transmit%~l dated 10~ Police
Pension Board Memo dated 10/14193)
MOTION by Oberbeck/Corum
I would move to appoint the fifth member of the
Police Pension Board of Trustees selected by the four
other members to a two year term to expire 10/95,
that person being Ms. Judy Robinson.
~Regular City Council Meeting
October 27, 1993
Page Nine
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
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93.314
93.315
9. CONSENT AGEND~
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 10/13/93 Regular Meeting
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 ~O. R-93-55 - 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)
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93.209
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°
Ds
RESOLUTION NO~ 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.
Regular City Council Meeting
October 27, 1993
Page Ten
93.316 E.
93.263
93.317
93. 318
93.319
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 FOR AN EFFECTIVE DATE.
RESOLUTION NO. 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.
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)
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
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'Regular City council Meeting
October 27, 1993
Page Eleven
93.277 J.
Handrails for Handicap Ramp - Smitty's Welding
$1,255.00 (city Engineer Transmittal dated
10/14/93)
93.320 K.
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)
93.321 L.
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)
Mrs. Corum removed items G and H, and item F had been
previously withdrawn from the agenda.
The City Clerk/Acting city Manager read the consent
agenda in its entirety, including titles of
Resolution Nos. R-93-55, R-93-56, and R-93-57,
(Resolution No. R-93-61 had been withdrawn)
MOTION by Oberbeck/Freeland
I would move to approve items A, B, C, D, E, i,
J, K and L of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
93. 317
Item G - Waiver of Biddinq Procedures - Golf Course -
20 Tons 15-0r1.~ iBDU Fertilizer
Mrs. Corum inquired about bid waivers due to sole
source and suggested another brand be used. The Golf
Course Superintendent responded.
MOTION by Corum/Oberbeck
I move the approval of item G of the consent
agenda.
11
Regular City Council Meeting
October 27, 1993
Page Twelve
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.318
ISem ~ z Waiver of Biddina ~_rocedures - Golf ~ ~
4,000 Lbs m ~ ~ Rve~rass Seed
Mrs. Corum reiterated her previous comments about bid
waiver.
MOTION by Corum/Oberbeck
I move the approval of item H.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
10. PRESENTATIONS - None
12. CITY ATTORNEY MATTERS
None.
93.327
~ Anderson, 7490 ~ ~ Mi~cq z Lion's
Club ~ ~ of Riverview Park
~ ~ ~ ~-m. to 6:30 D,m.
Donation (City Clerk Transmittal dated 10~15/93,
Anderson Letter dated 10/15/93, Flyer)
This item was moved to this position on the agenda
from Introduction of New Business from the Public.
TAPE III - SIDE II (10:52 p.m.)
Mrs. Corum inquired whether there were any
regulations relative to charging fees in city parks.
The City Attorney under the federal grant an
admission fee to the park cannot be charged, but that
does not preclude a person from selling a product.
12
~.Regular city Council Meeting
October 27, 1993
Page Thirteen
93.322
93.323
MOTION by Oberbeck/Corum
I would move that we approve the request of the
Lion's Club to use Riverview Park to hold a steak fry
on November 6th between the hours of 2:30 and 6:30.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Mayor Lonnie R. Powell
ADDO~ Alternate Member to Treasure Coast
ReGional plannin~ ~ for Two Year Term
(City Clerk Transmittal ~ 10/19/$3~ TCRPC
Letter dated ~ TCRPC Memo dated
2121/92)
This item was moved to this position on the agenda.
Mrs. Corum volunteered for the alternate position.
14. COMMITTEE REPORTS/RECOMMENDaTIONS
A. PLANNING AND ZONING ~OMMI~SION
Recommend Appointment of Walter Barnes
to Fill ReGular ~ember Position ~
by Shirley Killkelly - Three Year Term to
Expire 1111/96 (Community Development
Transmittal dated 10121/93, P & Z Memo dated
10~11/93, ~ ADDlications)
MOTION by Corum/Freeland
I make a motion that we with regrets accept the
resignation of Shirley Kilkelly and appoint Mr.
Walter Barnes to take her place for the year to
expire 11/1/96.
VOICE VOTE on the motion carried 5-0.
13
Regular City Council Meeting
October 27, 1993
Page Fourteen
93.324 2.
93.325
13.
Recommend Appointment of second ~nate
Herbert ~to Fill e~D~~First
Alternate Term vacated b~ Walter Barnes ~
Term to Expire ~
MOTION by Oberbeck/Freeland
I would move to appoint second alternate Herbert
Munsart to fill the unexpired first alternate term
vacated by Walter Barnes, term to expire 11/95.
VOICE VOTE on the motion carried 5-0.
Recommend Appointment of ~ ~ t__o
Fill~D_~]~ Second Alternat~ Term
Vacated by ~ Munsart - Term ~o ~
1/96
MOTION by Oberbeck/Freeland
I would move to appoint Joseph Schulke to fill
unexpired term vacated by Herbert Munsart, term to
expire 1/96.
VOICE VOTE on the motion carried 5-0.
CITY MANAGER ~
The City Clerk/Acting City Manager requested
authorization to advertise for a public hearing for
the Airport Master Plan for November 10, 1993.
Mayor Powell appointed the Director of Community
Development to the Affordable Housing Committee.
Mayor Powell adjourned the meeting at 11:02 p.m.
Approved at the
Meeting.
, 1993, city Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC\AAE
City Clerk
14
City of Sebastian
I~_.~r ~.-.";3- -,~", 72,?_,;07 [] SEBASTIAN, FLORIDA-~O{t8J~'~
TELEPHONE (407)589-5330 [: FAX (407)589-5570
i MINUTES
i SEBASTIAN CITY COUNCIL
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SPECIAL MEETING
WEDNESDAY, NOVEMBER 3, 1993 - 6:00 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, FLOR]DA.
PURPOSE: 1)
RESOLUTION NO. R-93-61 - Establishlng
Compliance with 180.301 F.8. an~
Ratification of GDU Purchase & Sales Agreement
RESOLUTION NO. R-93-58 Re: Bond for
GDU Water and Wastewater Facility.
Acquisition
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Mayor Powell called the special meeting to order at
6:00 p.m. and explained its purpose.
2. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Clerk/Acting City Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Deputy City Clerk, Sally Maio
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Special City Council Meeting
November 3, 1993
Page Two
Vice Mayor Oberbeck inquired whether City Council
wanted to permit public input, however, no one in the
audience expressed a desire to address City Council.
93.263
RESOLUTION NO. ~-93-6~ - EstaBlishing Compliance with
· 80.301 F.S. and Ratification of GDU Purchase & Sales
~greement (Finance Director Transmittal dated
10/28/93, R-93-61, Purchase and Sale Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR CERTAIN
DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED
IN SECTION 180.301, FLORIDA STATUTES; RATIFYING THE
CITY OF SEBASTIAN, FLORIDA/GENERAL DEVELOPMENT
UTILITIES, INC. WATER AND SEWER SYSTEM PURCHASE AND
SALE AGREEMENT AS SIGNED BY THE MAYOR AND CITY CLERK,
A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AS
EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Resolution No. R-93-61 by
title only, and explained the purpose of the
resolution.
City Council discussion followed. The City Attorney
noted that the plan is for an escrow closing on
December 14, 1993 with actual closing on December 16,
1993.
Mrs. Corum expressed concern for giving away water
rights on the U.S. 1 corridor.
MOTION by Freeland/Oberbeck
I move that we adopt Resolution No. R-93-61,
establishing compliance with 180.301 F.S. and
ratification of GDU Purchase & Sales Agreement.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Damp - nay)
~Special City Council Meeting
November 3, 1993
Page Three
93.263 4.
RESOLUTION NO. ~-95-58 - Bond for GDU Water and
Wastewater Facilit~ Aoquisition (Finance Director
Transmittal dated 10/28/93, R-93-58)
A RESOLUTION AUTHORIZING THE ISSUANCE BY THE CITY OF
SEBASTIAN, FLORIDA OF NOT EXCEEDING $5,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF UTILITIES SYSTEM
REVENUE BONDS, SERIES 1993, TO FINANCE THE COST OF
THE ACQUISITION OF AND THE CONSTRUCTION AND
ACQUISTION OF CERTAIN ADDITIONS, EXTENSIONS AND
IMPROVEMENTS TO THE GENERAL DEVELOPMENT UTILITIES
WATER AND SEWER SYSTEM; PLEDGING THE NET REVENUES OF
THE UTILITIES SYSTEM TO SECURE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SAID BONDS; PROVIDING
FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS;
PROVIDING FOR SEVERABILITY; AUTHORIZING THE
INSTITUTION OF VALIDATION PROCEEDINGS; AND PROVIDING
FOR AN EFFECTIVE DATE FOR THIS RESOLUTION.
The City Attorney read Resolution No. R-93-61 by
title only.
The Finance Director briefly explained bonding
procedures and introduced Mark Mustian of Nabors,
Giblin and Nickerson.
Mr. Mustian further advised City Council on bonding
procedures, and briefly explained the purpose of the
bond resolution.
city Council discussion followed relative to
development of a master plan, the possibility of
obtaining grant funds, and the city's bond rating.
MOTION by Oberbeck/Freeland
I would move that we adopt Resolution No. R-93-58
utility system bond resolution.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Damp - nay)
Being no further business, Mayor Powell adjourned the
Special Meeting at 6:40 p.m.
Special City Council Meeting
November 3, 1993
Page Four
Approved at the
Meeting.
, 1993, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
~'-C~--T---'.'-~;C~.~ -~C~Y~-~=~.~'.27 o SEBASTIAN, FLORIDA ~
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNF_~DAY, NOVEMBER 3, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND iNFORMATION ON iTEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Powell called the workshop meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. aOX,. ~
Present:
Also Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
City Clerk/Acting City Manager,
Kathryn M. O'Halloran
Assistant City Attorney, Richard Torpy
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Utilities Director, Richard Votapka
Airport Manager, John Van Antwerp
Golf Course Pro/Manager, Joseph O'Rourke
Deputy City Clerk, Sally Maio
City Council Workshop
November 3, 1993
Page Two
AGENDA MODIFICATI0~S ,,{~DITIONS AND/OR DELETIONS,}
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-95-19).
None.
5. ANNOUNCEMENTS
Vice Mayor Oberbeck announced Sebastian HosPital's
public programs.
6. ~AGEN~A
None·
7. NAYO~ AND CITY ~ MATTERS
A. Mayor ~ R. Powell
Mayor Powell expressed concerns about drainage
complaints and employees possibly being rude to
citizens, to which the City Engineer responded;
and inquired about Fischer & Sons using Riviera
Avenue to haul, to which the Director of Community
Development and the Acting City Clerk responded that
it will be checked on tomorrow.
B. ~ Frank
Vice Mayor Oberbeck inquired about Laconia Street, to
which the Director of Community Development responded
that a public hearing will be conducted November 10
and 17 and that the development agreement is in hand;
expressed concern about the drainage problem in the
city and suggested that a drainage district be
established as was once proposed; suggested that
people call City Hall first with problems; inquired
whether the city has ever taken possession of
Stratton Avenue, to which the Director of Community
Development responded that acceptance is in the
works; suggested that the pending list be reviewed,
to which the Acting City Manager responded that each
department head is reviewing the list.
Mayor Powell inquired about the curb recently
constructed on Fleming Street, to which the City
Engineer and City Attorney responded.
2
.City Council Workshop
November 3, 1993
Page Three
C. Mrs. ~ Corum
Mrs. Corum expressed concern for truck traffic on
Riviera Avenue, to which the Director of Community
Development responded that the sandmining operation
was in effect prior to the implementation of the
sandmining code in the Land Development Code and no
expiration date can be established and said he was
reviewing the matter; inquired about the Vickers
Grove sandmining expansion; asked about plans for
U.S. i median strip planting, to which the city
Engineer responded that the irrigation system must be
installed after FDOT approval is given, that the city
must now bid for the plants and that the subject
plants would have to be planted in September or
early spring; inquired about positions approved for
the Police Department and not put in the budget, to
which the Acting City Manager responded that the
Crime Scene Technician was funded, however, upgrades
were not funded and will be on the November 10
agenda; suggested that Council tell each department
head to cut five percent from his/her department for
next year's budget and develop a reward system
for cost cutting efforts by staff; and noted that
Indian River Community College will offer classes in
the north county if enough people are interested.
D. Mrs.
Mrs. Damp asked if a curb can be installed on the
corner of Wave Street and George Street, to which the
City Engineer responded with alternative solutions
and said he'd look into it; inquired about sidewalks
in the area of Schumann Drive, Pelican
TAPE I - SIDE II (7:50 p.m.)
Island Elementary, and Barber to Tulip; discussed
drainage problems; suggested that people call in pole
numbers for street lights that are flickering;
inquired whether maintenance of swales and drainage
ditches is the responsibility of property owners, to
which the City Engineer responded that his department
encourages people to maintain those areas but not to
alter them in any way; and asked if there is some way
to locate a property for FPL in the city, to which
the Director of Community Development said he would
contact them relative to a trade-off.
City Council Workshop
November 3, 1993
Page Four
93.328
10.
E. Mr. Rober~ Freeland
Mr. Freeland said he'd received calls regarding a
residence on Joy Street at which 'many vehicles are
parked, and suggested that something be done about
this, to which the Director of Community Development
responded that P & Z is considering regulations;
directed the Acting City Manager to check on Golf
Course revenues; and spoke on public agencies looking
into privatization.
$. ~~TTORNEY ~TTERS
No~e.
It was decided to place criteria for interviewing
City Manager applicants on the December workshop.
WORKSHOP ITEMS
~ ~ E__~port - ~ J & S
~ (City C~lerk/Acting city Manager
Transmittal dated 10128/93. Scalabrin Letter
dated ~ ~ Aviation Export Letter
dated 10-26-93 ~
The Acting City Manager explained that Mr. Van
Antwerp had asked her to handle the matter to
alleviate any possibility of conflict.
Walter Scalabrin, American Aviation Exports, gave a
presentation to City Council relative to his firm and
its ideas for future relocation to Sebastian
Municipal Airport. Following a brief discussion,
City Council directed staff to work with Mr.
Scalabrin.
Mayor Powell called recess at 8:15 p.m. and
reconvened the meeting at 8:35 p.m. Ail members were
present.
,City Council Workshop
November 3, 1993
Page Five
93.329
~stablishing a Tree Location PolicxC/~_~
Engineer Transmittal dated~Q]_~ pw Duty
Roster. City Engineer Memo ~a%ed 9/30/93)
The City Engineer reiterated his recommendation on
relocation of trees as submitted in his backup.
Following a brief discussion, it was the consensus of
City Council that it was not economically prudent or
feasible for current public works staff to make a
tree relocation policy a priority.
93.330 C.
Dasketba~ court Bids ~ ~ Trans~itta~
dated 10/5/93. Bid Tabulation, ~ngineerin~ Cost
Estimate)
The City Engineer reported on the Fischer and Sons
bid.
· TAPE II - SIDE I (8:55 p.m.)
Mr. Oberbeck recommended a full court at Barber
Street Sports Complex, with clearing and grubbing by
staff. It was the consensus of City Council to
direct staff to rebid flat work.
93.331
De
Basketball Court bocations ~ Engineer
Transmittal dated ~ Location MaD)
John Kanfoush, 1437 Seahouse Street, and Keith
Miller, 961 Riviera Avenue, Sebastian, addressed City
Council.
The City Engineer reiterated his recommendation for
court locations. Mrs. Corum noted that she had
requested a map of all available properties and
the Director of Community Development said a map will
be prepared by the Zoning Technician and available
within thirty days.
TAPE II - SIDE II (9:30 p.m.)
It was the consensus of City Council to locate a half
court at Blossom Park, and a full court at Barber
Street Sports Complex.
5
City Council Workshop
November 3, 1993
Page Six
93. 140
Remedia~ Act~gD P~an ~ Centra~ Garage (City
~n~ineer Transmittal hated 9/19/93A
The City Engineer reiterated his recommendation that
staff be authorized to go out to bid for another
environmental agency and for purchase and
installation of groundwater equipment. No action
necessary.
Vice Mayor Oberbeck was excused 9:35 p.m. to 9:37 p.m.
93.332
Rear Drainaqe Pi De Installation ~ ~ ~ Between
Seaho~.~gandWhitmore [City Enuineer Transmittal
dated
A1 Goelz, 1618 Seahouse Street, Sebastian, submitted
to the Acting city Manager, for the record,
photographs of the subject drainage area, and
recommended that the city seek bid proposals for
stormwater drainage; Russ Hayden, 1642 Seahouse
Street; Claudean Silvio, 641 Crystal Mist Avenue;
Patricia Peltier, 1626 Seahouse Street; Albert
Fontaine, 1666 Seahouse Street; addressed City
Council.
The City Engineer clarified, for the record, that
there is no special assessment being recommended for
this area. He recommended going out to bid for a
contractor to pipe the drainage ditch, proposed it be
funded out of Schumann drainage funds or some other
source and noted that this is top priority.
Mr. Freeland was excused from 9:52 p.m. to 9:54 p.m.
It was the consensus of City Council to direct staff
to find funding and go out to bid to install the pipe.
93.333 H.
Review ~ Re: Civic Organization Signs Within
Ri~ht-of-Wav (Director of Community Development
Transmittal dated 10 27~ Ci__~ Engineer ~emo
dated 10~ McGovern ~ dated 9/28/93)
The Director of Community Development requested
direction relative to organization signs in right-of-
way
TAPE III - SiDE I (10:00 p.m.)
and recommended that they be allowed and kept at
approximately the size of a street sign.
6
',City Council Workshop
November 3, 1993
Page Seven
93.334
93.249
It was the consensus of City Council to concur with
signs in right-of-way and keep them to a minimal
size.
Reouest fro~ Earl Shrover to Have C~ of
SebastiaD Administer a Fund and To Further
Requ~ate Contractors (D~rector of Com~unitv
Transmittal dated 10127/93. ShroYer Letter dated
10/23193. ~ ProPOSal ~ 10/18/93~
Earl Shroyer, 416 Col%~bus Street, Sebastian,
addressed City Council suggesting a $50.00 fee be
added to all building permits and $100.00 be charged
to all contractors to establish a fund to review
homeowner's claims.
The Assistant City Attorney addressed city Council
on the legal aspects of establishment of such a fund.
Vice Mayor Oberbeck was excused from 10:05 p.m. to
10:07 p.m.
Mayor Powell was excused from 10:09 p.m. to 10:11
p.m.
The Assistant city Attorney stated that the property
owner can require a bond from his contractor.
Following input from each member, it was the
consensus of City Council not to take any action on
this request.
Presentation bv ~ Jones - Detailed Outline of
Events - Santa ~ Indian River Holidays,
Light UP Night ~ Clerk/Actinq C_i~ Mana eg~
Transmittal dated 10/28/93, Jones Letter dated
Peter Jones, Chamber of Commerce, requested
approval for activities on three day weekends
throughout the month of December, placement of
structures throughout the park depicting holiday
scenes, and placement of lights, offering to split
electricity costs with the city if necessary.
At 10:28 p.m. motion was made as follows.
7
City Council Workshop
November 3, 1993
Page Eight
MOTION by Oberbeck/Damp
I would move that we extend the meeting twenty
minutes.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Mr. Jones continued his presentation.
TAPE III - SIDE II (10:30 p.m.)
It was the consensus of City Council to approve the
use and requested that the Chamber work with the two
groups already approved for use of the park during
December.
93.335
Golf Course Rate~ Concerns m Nine Hole ~ ~
Henr~ ~ .(city Clerk/ActinG City Mana e~
Transmittal dated 10/28/93, Dolan Letter dated
10/28193j Rates)
Henry Dolan, Ponoka Street, Sebastian, addressed City
Council objecting to fees and times established for
nine-hole walkers.
The Golf Course Manager responded to Mr. Dolan's
concerns.
At 10:50 p.m. motion was made as follows.
MOTION by Freeland/Oberbeck
I make a motion we extend for five minutes.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
It was the consensus of City Council to try this
system this year and see how it works out.
· City Council Workshop
November 3, 1993
Page Nine
11. Being no further business, Mayor Powell adjourned the
workshop at 10:55 p.m.
Approved at the
, 1993, City Council
Meeting.
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
9
/~-~ / ;~i~- of Sebastian
I
pc~7~.;-;;j~'~5~-~-;'. 7'~-.~_7 s SEBASTIAN, FLORIDA-~i~-8-
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Rotary Club - Thanksgiving)
Turkey Raffle )'
)
'
)
Approved For '~ubmitt~'l By: )
)
'
)
Acting ~~ )
city Manager
Agenda ~o. ~5.33&
DeD~~ city Clerk
Dat9 Submitted ~
For AGenda O~ ~
ExhSbits: Letter
and application dated
10/26/93
i EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
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The City of Sebastian has received a request from the Rotary Club
of Sebastian for use of the Community Center on Friday, November
15, 1993 to hold a Turkey Raffle. The proceeds will go to RCMA
Childcare Centers in Fellsmere and possibly The Fellsmere Soup
Kitchen.
They are requesting alcohol use and waiver of rental fees at this
function. A 250.00 security deposit was submitted with
application.
According to our records, City Council waived the full rental fees
and approved use of alcohol beverages for the Rotary Turkey
raffle in 1991 and 1992.
The Sebastian Property Owners will be having a Rummage Sale the
following day and while we were unable to contact their president
it was discussed with a few members who indicated that they
didn't see a problem with the two functions back to back.
RECOMMENDED ACTION
Move to approve the request for waiver of rental fees and use of
alcohol for the Rotary Club Turkey Raffle.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
~r o~ ~o~ ~ti~ut~g ~p or o~z~tion:
Please answ~
1) Are J~tchen [achilles req~red?
2) Are ~ou a resident o[ Sebastian?
Will dec~tious be ~ut up?
MLI! there be an a~nion or door
Will alcoholic beverages be serwt?
pemttee's pmo! of age c~
(b). I~ alcoho! b to be ~e~ed. pmd~ion ~ '
~ty Ceancil. Your r~est ~Lt ~e p~ented tore~cil~f the
O0
~o~nt o~ Rent~[ 7~ Tax:
~ec~i~ Deposit: $ ~3"~.~'~ Tot~
Sec~-it¥ Beposit paid on /'~ ~
~t~ F~ ~d on (~te) ~ the ~t of
~ ~ ~ or
~ti~
Al~ho~c B~e~ge R~t heard a~ the ~n~l ~t~a on
.,,//~/'~ .-~ ........ (date).
F~ ~aiver Re~t heard at the ~
Se~rity Ue~{i~ retum~ by City ~ec~
a~unt of on (date)
I ~'~ ~ ROTARY CL~ OF SEBASTIAN
i ~ Dlspt~'o'Ct ~J8~81~1~ ~sri~d'
~ ,i~k*'~l~lR'lB~"' Sebastian, floflda 52978-1783
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city of Sebastian
1225 Main St.
Sebastian, Fl. 32958
October 26, 1993
To whom it may concern,
The Rotary Club of Sebastian has reserved the Community
Center for Friday, November 19, 1993 for our Annual
Thanksgiving Turkey Raffle.
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The cash and extra frozen turkeys proceedin~ from this
charitable event will be donated to RCMA Chlldcare Centers in
Fellsmere and, if there is enough, to the Fellsmere Soup
Kitchen.
Please waive the rental.fee.for the hall so that there will
be more money left over for these needy charities.
Thank you for your help.
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Very truy yours,
Anthony Donini,
President 1993/94
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
i AGENDA FORM
SUBJECT:
Police Department Vehicle Lease
APPROVED FOR SUBMITTAL BY:
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) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
Puscher Memo dated 9/24/93
~ Clerk
11/10/93
EXPENDITURE
REQUIRED:
$4,200.00
AMOUNT APPROPRIATION
BUDGETED: $10,500.00 REQUIRED:
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SUMMARY STATEMENT
Captain David Puscher has requested approval for a vehicle lease
agreement with Mear's Leasing of Orlando through M.A.C.E. (Multi-
Agency Criminal Enforcement) for a reduced amount of $350.00 per
month. The subject vehicle was previously leased locally for
$390.00 per month.
Due to the nature of the use of this vehicle, little or no
discussion is recommended.
Since this item will exceed $2,000.00, City Council approval is
necesary.
RECOMM~ED ACTION
Move to approve the vehicle lease agreement with Mear's Leasing
of Orlando in the amount of $350.00 per month.
SEBASTI NI
POLICE
DEPA_R NT
Post Office Box 780127
SeDastian, FL 32978.0127
(4,07) 589-523.3
MEMORANDUM
DATE =
TO =
FROM =
SUBJECT=
September 24, 1993
Kay O'Halloran, Acting City Manager
David J. Puscher, Acting Chief of Police
Cost Cutting Proposal Budget Year 1993 - 1994
In an effort to cut operating cost without a reduction in
service I am requesting your approval on the following item.
The multi agency criminal enforcement unit M.A.C.E. is
preparing to lease unmarked cars from Mear's Leasing in
Orlando, through negotiations we will be able to pig,
a rental agreement and secure a rental vehicle for
We are currently leasing a vehicle for
$390.00 per month and we are budgeted ti
budget year.
!locally for
Le 1993-1994
Mear's Leasing Supplies unmarked vehicle for many central
Florida law enforcement agencies, and they have agreed to
provide us with direct separate billing of $350.00 per month
or a savings of $40.00 per month, $480.00 year.
DJP/jh
City of Sebastian
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POgT OFFICE BOX 780121. SEBAgTIAN, FLORIDA 32978
TELEPHONE (401) 58g-1~33o
FAX
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SUBJECT:,. Request for Waiver of
Bidding Procedure
Approved For Submittal By:
Ci t:y Manager ......
) Dbp~. Origin Police
)
) Date Submitted 11/3/93
)
) For Agenda Of 11/10/93
)
) Exhibi~s= Memo Dated 11/3/93
) from Chief of Police
)
)
EXPENDITURE
REQUIRED: 12,777.80
AMOUNT
BUDGETED~
12,800.00
APPROPRIATION
REQUIRED:
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SUMMARY STATEMENT
Request the waiver of bidding procedure to purchase one (1) 1994
Chevrolet 3/4 ton Cargo Van from Jerry Hamm Chevrolet, Jacksonville,
Florida, for the quoted price of 12,777.80. This price is below
the current state contract price.
RECOMMENDED ACTION
Move that a waiver of bidding procedure be granted and the Acting
City Manager be given authority to purchase one (1) 1994 Chevrolet
Cargo Van from Jerry Hamm Chevrolet.
I
SEBASTIAN o.
DEPARTMENT Seba~i F58L93-259~83
Earle L. Petty, Chief of Police
!
MEMORANDUM
DATE
TO
FROM
November 3, 1993
Kay O'Halloran, Acting City Manager
Earle Petty, Chief of Poli~
SUBJECT:Request for Waiver of Bidding Procedure
I am requesting authorization for a waiver of bidding procedure
to purchase one (1), 1994 Chevrolet 3/4 ton Cargo Van to be used
by the departments Crime Scene/Evidence Technician.
If approved this vehicle would be purchased from Jerry Hamm
Chevrolet, Inc., 2600 Phillips Highway, P.O. Box 5749,
Jacksonville, Florida 32247, (904) 398-3036, Fleming Bowden
salesman.
The quoted purchase price is 12,777.80, which is below state
contract price of 13,149.00, quoted by Duval Ford.
It is my recommendation that we purchase this vehicle because of
the availability and the below state contract price.
EP/jn
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I. ~j-~~l~i~" 'H~J~'M-'~-J~:VRO'L~E~%' ~qC~.''~ hETAIL onoEn ;on A MOT0n VE#ICLE~
y ~,600 ~ HiGI4WA¥ · POST OIePlCE OC)X S73S
?e I.ephone: 3'~8-30~6 ·
' I ~.A.~,~MAI~ h~AM,: .......... &es, o.4o~c
~[~ASE ENTER MY oRDER FOR THE FOLLOWING ~"EW ~' ~R . .._.~ .~/-
~RI,S~ ~~~ ,ODY TYPE ~~ ~'OLOR ....... ~/ ~ TRIM
I TO 8E OELIVEREO ON ,R, ABOUT ~ ~ ~' STOCK ~0.
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CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
COMPLAINT NO. 93~8571
CITY OF SEBASTIAN,
Petitioner,
vs.
Travi.s.._DRd Janet Holland,
Respondent.
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on October 20, 1993,
after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FINDINGS OF FACT
That the Respondents are the owners of the residence located at Lot
2, Block 360, Uni~._.~11, Sebastian Highlands, 1589....p.leasantview
Lane, Sebastian, Florida: RV is used for sleeping/housekeeping or
living quarters, ...... Electric, water &..~V..are h~oked up..~.
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCLUSIONS OF LAW
That the ResDondents are in violation of the Land Development Code
of the City of Sebastian Section 20A-5.16(C)¢3) - Recreational
vehicles as described herein may be parked, stored or placed on any
improved lot in an~. residential district, provided that: The
recreational vehicle is not used for sleeDina, housekeeDina, or
livlng auarters while parked on any improved lot. The attachment
of one or more wires between the recreational vehicle and any
electrical vower outlet in a residence shall be prima facie
evidence of housekeeDinq.
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent shall have ~ ~le~dar days from the date of this
hearina to bring the property i~to.compliance.
Upon failure of the ResDond~t. to compl~ with this Order, o~n_
or before the 23 da7 of October, 1993, ~e Code Enforcement Board
does levy a fine of up to $50.0O.._for .ever~ day the violation
continues past the date set for com91iance. It shall be the
responsibility of the Respondent to notify the Code Enforcement
Officer that compliance has been achieved.
If Respondent does not comply on or before the date set for
compliance, an Order imposing a fine may be recorded in the
official Records of Indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
Council Chambers to hear further evidence on the issue of
compliance and may impose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member Donato Derobertis. The motion was seconded by Code Board
member George Metcalf and, upon being put to a vote, the vote was
as follows:
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
No
Yes
Yes.
yes
'Yes
The Chai~an thereupon declared this order duly passed and
adopted this 20~h day of October, 1993.
DONE MD ORDERED in Sebastian, Indian River County, Florida,
this j7~ day of ~ ~93~ ·
C~[!PJ~K~'/~Enforcement Board
NUNC PRf~
ATTEST:
~l~k, ~ode Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
CITY OF SEBASTIAN,
Petitioner,
vs.
Peter M. Vredenbu~qh,
Respondent.
COMPLAINT NO. 93-8469
FINDINGS OF FACT,
CONCLUSIONS OF LAW. AND ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on october 20. 1993.
after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FINDINGS OF FACT
That the respondent is the owner of the residence located at Lot
23, Block 277, Unit ~10 Sebastian..Highlands, 582 Brookedq~._Te~race,
Sebastian, Florida: There is no pool enclosure, junk Oldsmobile
Tornado. located on.propert¥,..and.no.building numbers on house.
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCLUSIONS OF LAW
That the Respondent is in violation of Section 26-138 of the Code
of Ordinances (No Pool Enclosure); Section 86-47 of the Code of
Ordinances (Junk Oldsmobile Tornado); Section 20A-5.46(b) of the
Land Development Code (No buildinq numbers on house) of the City of
Sebastian.
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent shall have,2~,,,,calen4ar days from the date of this
hearing to brin~ the Dro~ert_¥ into compliance.
Upon failure of the Respondent to comp17 with this Order, on
or b~ore the 11th da~ of NovemberL 1993. the Code Enforcement
Board does levy a fin~.._.9~ up to $100.00 for every day the violation
continues past the date set for compliance. It shall be the
responsibility of the Respondent to notify the Code Enforcement
Officer that compliance has been achieved.
If Respondent does not comply on or before the date set for
compliance, an order imposing a fine may be recorded in the
Official Records of Indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
Council Chambers to hear further evidence on the issue of
compliance and may impose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member Wayne Tozzolo . The motion was seconded by Code Board
member Louis Nicolini and, upon being put to a vote, the vote was
as follows:
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
Yes
Yes
Yes
Yes
,Yes
Yes
The Chairman thereupon declared this order duly passed and
adopted this 20 day of October, 1993.
DONE AND ORDERED in Sebastian, Indian River County, Florida,
this
ATTEST:
day of ~<~o4~,
,. F~ORIDA
CHAIRMAN,/Tod~ Enforcement Board
NUNC PR~
Clerk, ~de Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
COMPLAINT NO. 9.3-8652
CITY OF SEBASTIAN,
Petitioner,
VS.
Peter M. Vredenburgh,
Respondent.
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on October 20,
after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FINDINGS OF FACT
That the respondent is the owner of the residence located at Lot
23, Block 277, Sebastian Highlands unit #10, 582 Brookedue Terrace,
Sebastian, Florida: vegetation exceeded 10 inches in height and
there was trash in front and side of the property.
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCLUSIONS OF LAW
That Section 66-1 (2)(5)¢6) - (2. Offends decency; 5. In any way
renders other persons insecure in life or the use of property; 6.
Essentially interferes with comfortable enjoyment of life and
property, or tends to depreciate the value of the property of
others) and Section 66-3 (1)(2)(11) -(1. Accumulations of trash,
litter, debris, garbage, bottles, Damer~ cans, ra~s, dead or
decayed fish, fowl, meat or other animal matter, fruit, vegetables,
offal, bri~ks, concrete, scrap lumber or ~her bvilding debris o?
other refuse of any nature. 2. An~....~ondition which ~rovides
harborage for rats, mice, snakes and other vermin. 11, Growth .~
weeds, grass undergrowth ~r other.._~eqetation upon improved rea~
DroDert~Lto~ heiaht of ten inches o=.._.~ore) of the City of
Sebastian Code of Ordinances has been vi~!ated,
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent shall have 21 calendar days_.f~om the date of this
hearing to brina the property into compliance,
Upon failure of the Respondent to c.~D.l~...with this Order, on
or before ~he llth da~ of November, ~993, the Code Enforcement
Board does lev~ a fine of uD to $100.00 for eye, daY the violation
continues past the date set for =omDliance.
It shall be the responsibility of the Respondent to notify the
Code Enforcement officer that compliance has been achieved.
If Respondent does not comply on or.before the date set for
compliance, an Order imposing a fine may be recorded in the
Official Records of Indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
Council Chambers to hear further evidence on the issue of
compliance and may impose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member Donato Derobertis. The motion was seconded by Code Board
member Henry..F~$~her and, upon being put to a vote, the vote was
as follows:
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The Chairman thereupon declared this order duly passed and
adopted this 20~h day of October,1993.
DONE AND ORDERED in Sebastian, Indian River County, Florida,
this ~7% aay of ~T~, la ~.~ .
ATTEST:
C~IDA
CHAIRMk~, Cody Enforcement Board
NUNC P~
Clerk, C~e'Enforcement Board
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
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SUBJECT: GDU Purchase Agreement
E~OR SUBMITTAL BY:
Kathryn M. O'Halloran
Interim City Manager
AGENDA NUMBER:
DEPT. ORIGIN:
DATE SUBMITTED:
FOR AGENDA OF:
EXHIBITS:
- Resolution No. 93-63
- GDU Purchase Agreement
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
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SUMMARY STATEMENT
The City of Sebastian adopted Resolution Number 93-61 on
November 3, 1993, which ratified the GDU purchase agreement.
My office inadvertently omitted page 18 of the GDU purchase
agreement when the original was copied for distribution.
I regret this error and apologize for the inconvenience this has
caused staff and Council.
RECOMMENDED ACTION
Move to adopt Resolution Number 93-63 which ratifies the GDU
purchase agreement (with page 18 included).
RESOLUTION NO. R-93-63
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR CERTAIN DETERMINATIONS,
FINDINGS, AND STATEMENTS AS REQUIRED IN SECTION
1S0.301, FLORIDA STATUTE$~ RATIFYING THE CITY OF
SEBASTIAN, FLORIDA/GENERAL DEVELOPMENT UTILITIES, INC.
WATER AND SEWER SYSTEM PURCHASE AND SALE AGREEMENT AS
SIGNED BY THE MAYOR AND CITY CLERK, A COPY OF WHICH IS
ATTACHED TO THIS RESOLUTION AS EXHIBIT 0e~ PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWiTH~ PROVIDING FOR SEVEI~tBILITY~ AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2(b), Article VIII, Florida Constitution,
and the Municipal Home Rule Powers Act, Chapter 166, Florida
Statutes, authorize the City to conduct municipal government,
perform municipal functions, render municipal services and
exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, pursuant to its governmental powers granted
pursuant to Chapters 163, 166 and 180, Florida Statutes, and
other applicable laws, the City is authorized to preserve and
enhance present advantages, encourage the most appropriate use of
land, water and resources, consistent with the public interest,
facilities and adequate and efficient provision of water and
wastewater facilities, and conserve, develop, utilize, and
protect natural resources; and
WHEREAS, neither general law nor special act prohibits the
City from acquiring or operating water and wastewater utility
facilities; and
NHEREA~, General Development Utilities, Inc. ("GDU") is the
owner of a water and wastewater system know as "Sebastian
Highlands Water and Wastewater System" (the "System") located
within the boundaries of Indian River County, Florida; and
WHEREAS, GDU desires to sell the System to the City and the
City desires to purchase the System from GDU; and
WHEREAS, the City has examined the assets of the System,
has examined the System's existing financial structure, has
examined the long-range needs and goals of the City relative to
the provision of water and sewer service to the City's present
and future citizens, and has determined that the signing of a
purchase and sale agreement for the acquisition of the System is
in the public interest; and
WHEREAS, the City has successfully negotiated a purchase
and sale agreement with GDU calling for the purchase and sale of
the System to the city; and
WHEREAS, in contemplation of the acquisition of the System,
the City authorized its engineering consultants, Hartman &
Associates, Inc., to prepare a briefing document to comply with
Section 180.301, Florida Statutes (the "Briefing Document"); and
WHEREAS, the Briefing Document has been submitted to the
City Council for review pursuant to Section 180.301, Florida
Statutes; and
WHEREAS, the City has scheduled, duly noticed and held
public hearings pursuant to the requirements of Section 180.301,
Florida Statutes.
NOW, THEREFORE, BE TT RESOLVED BY THE CTTY COUNCTL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDa%, that:
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~ l- DETERMINATIONS. The City Council has reviewed
and considered the acquisition of the System, as evaluated in the
Briefing Document and in other pertinent information submitted to
the city, and in doing so has considered the following:
(a) GDU's most recent available income and expense
statement for the System;
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(b)
(c)
GDU's most recent available balance sheet for the
System, listing assets and liabilities and clearly
showing the amount of contributions-in-aid-of-
construction and the accumulated depreciation thereon;
A statement of GDU's existing rate base for regulatory
purposes as it relates to the System;
(d) The physical condition of the System;
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(e) The reasonableness of the purchase price and terms;
(f) The impacts of the purchase on utility customers, both
positive and negative;
(g) Any required additional investment and the ability and
willingness of the City to make that investment;
(h) Alternatives to the purchase and the potential impact
on utility customers if the purchase is not made; and
(i) The ability of the City to provide and maintain high-
quality and cost-effective utility service.
The City Council's determinations and findings regarding the
items listed above are set forth in the Briefing Document, which
is hereby adopted and incorporated into this Resolution. This
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Resolution and the Briefing Document are intended and declared to
be the statement required under Section 180.301, Florida
Statutes, demonstrating that the purchase of the System is in the
public interest. Furthermore, the Briefing Document contains a
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· summary of the City's experience in water and wastewater utility
operation and demonstrates that the City has the financial
ability to provide water and wastewater service. Based upon the
Briefing Document and other evidence and testimony submitted and
Iconsidered at the public hearings on September 15, 1993 and
September 22, 1993, the City Council hereby determines and finds
I that it is in the public interest for the City to purchase the
System as contemplated in the Briefing Document.
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SECTION
S;~LE ~GREEMENT.
RATIFICATION OF THE SIGNING OF THE PURCHASE AND
The City Council has reviewed and considered the
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acquisition of the System owned by GDU and has also analyzed the
city of Sebastian, Florida/General Development Utilities, Inc.
Water and Wastewater System Purchase and Sale Agreement (the
"Agreement"), a copy of which is attached to and incorporated in
this Resolution as Exhibit "A". The City Council hereby ratifies
the Agreement, as signed by the Mayor and City Clerk on behalf of
the City. The City Council also authorizes its staff and
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consultants to take all actions necessary to complete the
transaction contemplated by the Agreement, and further authorizes
the Mayor and City Clerk to sign all necessary documents, before,
at and after the closing of the purchase contemplated by the
Agreement in order to complete the purchase and sale.
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SECTION ~. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. 8EVERABILITY. 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
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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 ~. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember . The motion was
seconded by Councilmember and, upon
being put into a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1993.
ATTEST:
CITY OF SEBASTIAN
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
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CITY OF SEBASTIAN, FLORIDA/
GENERAL DEVELOPMENT UTILITIES, INC.
WATER AND SEWER SYSTEM
PURCHASE AND SALE AGREEMENT
~H~ AGREEMENT is made and entered into this day of
~~ ~--~, 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 ~ystem, and a wastewater
treatment, transmission, collection and e~fluent 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 ~o the provision of
water and wastewater service to its present and future citizens,
and has determined that the execution of a-purchase and sale
agreement for the acquisition of the 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:
SECT~0N ~. ~. The above Recitals are true a~d cor-
rect, and form a material part of this Agreement.
S~CTION 2. PURCHASE AND SALE OF ~ATER AND WASTSWATER 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.
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SECTION 3. PURCPL%$ED ASSETS. On the Closing Date, as defined
below, UTILITY ~hall sell, assign, transfer, convey and deliver to
CITY, and CITY shall purchase, accept and pay for all of the right,
title and interest, in and to the following property and assets:
3-1. R~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. ~lant and Other Fa~ilit~.~. 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.
3.3. Machinery and E~iDment. All 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.
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3.4. Qther 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
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(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 Records.
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.
~..6. Business Records.
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.
~.~. Permits and Approvals. 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.
3.8. C~hoses in Action. 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 Deposits. Cash to be paid by cashier's
check or wire transfer in an amount which represents the customers'
water and sewer service security deposits a~d 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 survive closing.
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3.10. Unbilled Revenue. 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 Agreements. 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".
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.~..12. Computer sof~ware. 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.
D.13. InventorY. 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.
SECTION 4. ADDITIONAL RESRONSIBI~ITI~SOF 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. PURCH~SEpRiCE AND PAYMENT. CITY agrees to pay to
UTILITY on the Clo~ing 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 THOUSANDAND
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
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 DOLLARS ($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 shown on
Exhibit "3.1" subject to the following (the "Permitted
Exceptions"):
(1) Ad valorem real estate taxes and assessments
f6r the year 1993 and subsequent years;
(2) Restrictions set out in the recorded plats of
subdivisions covered by the System;
(3) Easements for utilities and drainage set out in
such recorded plats of subdivisions; provided, however, that none
of the restrictions or easements set out in such recorded plats of
subdivisions shall prevent, 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 in 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 ~....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
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and UTILITY, after exercising'all due diligence, cannot clear same
within the time provided in the preceding sentence, then, in that
event, CITY shall have the right to purchase the Property in its
then existing condition of title, or to rescind and terminate this
Agreement without liability by any party to the other(s). Although
UTILITY shall use its reasonable efforts to cause any defects to be
cured prior to the Closing Date, in no event shall UTILITY be
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 Closing Date'under the
terms of this Agreement. Notice of such election shall be given by
CITY to UTILITY, in writing, by either registered or certified
mail, within the time herein prescribed.
SECTION 7. SURVEY. CITY shall have the option, at its ex-
pense, to prepare and provide a current survey of all the Property
set out in Exhibit "3.1" prepared by a Florida licensed surveyor in
accordance with applicable law, which su~ey will be prepared in
accordance with, and certified to UTILITY, CITY, UTILITY's and
CITY's attorneys and the title insurer in accordance with 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.
SECTION 8. REPRESENTATIONS AND WARRANTIES OF UTILITY. To
induce CITY to enter into this Agreement, UTILITY represents and
warrants that, as of the Closing Date:
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8.1. Orqanization, Standing And. 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. Authority for Aqreement. 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 and~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 the 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 under 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 Encumbrancgs. 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. ~i~igation. 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
including the Clo~ing 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 Agreements. 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
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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 Construction. With respect to any
outstanding agreements for construction under which UTILITY has
previously received cash deposits or cash contributions 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 Contracts in 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 Violations. 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 Violations. 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.
~,12- Absence o.f Chanqes. 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;
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(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
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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.
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8.13. ~. No representation or warranty made by
UTILITY, to the 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. Survival....0~ 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. ~
8.15. FIRPTA. 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.
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SECTION 9. CONDUCT PENDING CLOSING.
pending the closing:
UTILITY covenants that
9.1. 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, order 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;
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(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
(8) 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 of this Agreement with the UTILITY, or the rendering
of any service to UTILITY, except in the ordinary course of and
pursuant to the reasonable requirements of the business of UTILITY.
.9,2- Ri~k of Loss. UTILITY shall bear the risk of loss,
damage or destruction of the Purchased ~sets 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 any of the Purchased Assets.
9.4 Acce~ to Records. 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 Closing Conditions. UTILITY shall
perform all of the conditions to closing which should be performed
by UTILITY prior to closing as provided herein.
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(5) For all those customers who are connected to
and receiving service (water, wastewater, or water and wastewater)
from UTILITY 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. All other Connection Charges receiwed
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 §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
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 sellerownership 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 later than~the day prior to Closing by representatives of
the parties to prepare the final list of such inventory.
11.2. Payment of Fees adh Taxes. UTILITY shall pay CITY
all franchise fees and utility taxes due through the Closing Date.
~. 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,
CITY shall take title subject to such liens and assume the ~alance
of such installment payments, subject to appropriate prorations.
SECTIO~ 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 anylother 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 % 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.
13.2. 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.
13.3. 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 other 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.
13..,5. Ail 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.
SECTION 14. INDEMNITY.
14.1. UTILITY shall, and hereby agrees to defend,
indemnify and hold harmless, CITY at all times from and after the
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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 b~ 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.
!4.~. 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
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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.
SECT.IQN 15. COVENANT NO, TO ENGAGE COMPETING....IN UTILITY
BUSINESS. 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 t~ any land located within
CITY including any land annexed into CITY, for the next ten years.
This provision will only become effective upon Closing.
SECTION 16. 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 by UTILITY 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,
SECTION 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 to this Agreement 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.
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SE~ION 18.
~LO.S!NG DOCU~ENT~ AND PROCEDURES.
%8.1. Deliveries from UTILI~TY. At least twenty (20)
days prior to the Closing Date, UTILITY shall deliver to CITY:
(1) True, correct and complete copies of the
Articles of Incorporation and Bylaws of General Development
Utilities, Inc., all as amended and in effect on the Closing Date;
(2) Warranty deeds to all of the Property owned by
UTILITY as described in Exhibit "3.1" conveying to CITY all of
UTILITY's right, title and interest in all such property and
warranting that such property is free and clear of all liens,
claims and encumbrances other than the Permitted Exceptions, as
that term is defined herein.
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(3) Instruments of conveyance, in appropriate ·
recordable form, of all the Easements as described in Exhibit "3.4"
hereof, conveying to CITY all of its right% title and interest in
all such property, together with all utility improvements thereto,
and warranting that such easement rights and rights to use
dedicated rights-of-way are free and clear of all superior
interests which could result in CITY losing the right to use the
easement parcel for utility purposes.
(4) Bills of sale or other documents of assignment
and transfer, with full warranties of title, to all Water and
Wastewater System Assets, other than those assets covered by
Paragraphs 18.1(2) and 18.1(3) hereof;
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(5) Ail business records sold to CITY hereby;
(6) Title insurance policies in the form called for
in Section 6 of this Agreement;
(7) Ail permits, governmental authorizations and
approvals as described in Exhibit "3.7";
(8) Standard mechanics lien affidavit'in a form
required by the title company as to realty and personalty insuring
against any liens~ claims or encumbrances upon the Purchased
Assets; and
(9) Ail existing customer deposits for service to
CITY as required hereunder.
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18.2. CITy De%~rables. On the Closing Date, CITY
shall send a wire transfer of federal funds to the account
identified by UTILITY or shall deliver a cashier's check in the
amount due to UTILITY as provided in Section 5 of this Agreement.
In addition, CITY shall sign and provide to UTILITY at closing all
assumption agreements provided to CITY by UTILITY prior to closing
in a form acceptable to CITY's attorney with respect to all
contracts being assumed by CITY to which UTILITY was a party prior
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to closing and, thereby, being assigned by UTILITY to CITY pursuant
to this 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.
18.3 Conditions.Rrecedent to Closinq. The obligations
of CITY pursuant to this 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 Prgperty and the Purchased
Assets are in a clean and healthfu~ 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 the 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 this
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 thirty (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.
SECTION 19. RESPONSIBILITY FOR PROFESSIONAL FEES AND COSTS.
Each party hereto shall be responsible for its own reasonable
attorneys' fees, engineering fees, accounting fees and other costs
in connection with the preparation and execution of this Agreement.
$~CTION 2O.
iNTENTIONALLY BLANK
SECTION 21. COM~ISSIONS. 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.
SECTION 22. FURTHER ASSURANCES. Each of the parties hereto
agrees that, from time to time, upon the reasonable request of the
other party and at the expense of the requesting party, without
further consideration, it shall execute and deliver to the
requesting party any and all further instruments, affidavits,
conveyances and transfers as may be reasonably required to carry
out the provisions of this Agreement.
SECTION 23. NOTICES; 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:
20
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 ~4. NO INTERFERENCE WITH EMPLg~MENT. UTILITY will
not interfere with CITY hiring any of the present'operational staff
of the Water and Wastewater System. CITY shall notify UTILITY
thirty (30) days prior to the Closing Date as. to which existing
employees of UTILITY to whom CITY will be extending Offers of
employment.
SECT/~Q]~ 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. AMENDMENT. Amendments to and waivers to the
provisions herein shall be made by the parties only in writing by
formal amendment.
21
Signed, sealed and delivered
in the presence of:
Name
UTILITY:
GENERAL DEVELOPMENT UTILITIES,
Mr. Charles E. Fanche~/~_ Jr.
President / -
[Corporate Seal]
STATE OF FLORIDA ~ ,'
COUNTY OF INDIAN RIVER
Theforegging, instrument was acknowledged before me this
day of ~~A~ , 1993 by Lonnie R. Powell, the Mayor
' of THE CITY OF'
of THE CITY OF .SEBASTIAN, FLORIDA, on behalf
SEBASTIAN. 4~'~i~... persD_nally ~ or has produced
as identification.
[
Printed or Stamped
24
STATE OF FLORIDA
co~ o~ ~____~
.The foregoing in~tr~_ment was acknowledged before me this
~ day of ~C~ /~ , 1993 by Charles E. Fancher, Jr.,
President of G~E~ DEVELOPMENT ~iLITIES, INC., a Florida
Co~oration, on behalf of the corporation. ~e ~er~on~llv known
e or has produced as identification~
~ State of Florida . ~ ~
N~e of Acknowledger T~ed,
Printed or St~d
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"LIST OF EXHIBITS
TO
CITY OF SEBASTIAN, FLORIDA/
GENERAL DEVELOPMENT UTILITIES, INC.
WATER AND SEWER SYSTEM
PURCHASE AND SALE AGREEMENT
3.1 Land
3.3 Equipment
3.4 Easements, ROWS, and other similar real estate rights
and assets
3.6 Business Records
3.7 Permits and Approvals
3.11 All Assigned and Assumed Contracts and Agreements
3.13 Inventory Part A and Part B
c:\wp\cin\sebasgdu. RE2
26
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589*5330 [] FAX (407) 589-5570
SUBJECT: CONSTRUCTION BOARD
CODE REQUIREMENTS TO SERVE AS A
BOARD MEMBER - RE: JOHN LAMAN AND
JERRY SMITH
Approved For Submittal By:
City Manager
Dept. Origin: Communitx Development
(BC)~
Date Submitted: 11/Q.!.~.93
For Agenda Of: 11/10/93
Exhibits:
Copy of City Code of Ordinances,
Sec. 26-191(b).
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
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SUMMARY STATEMENT
At its regular meeting of October 27, i993, the City Council deferred any
action on the reappointment of John Laman and Gerald Smith. Staff
believes that Mr. Laman's testimony given during another agenda item,
that he did not live in the city, might have raised a concern about his
eligibility.
Please be advised that John Laman and Gerald Smith meet the following
requirements to be reappointed to the Sebastian Construction Board as the
General Contractor member to serve an additional 3 year term and Regular
Member to serve a first full term, respectively, both to expire September,
1996:
1) Are actively engaged in construction in the City of Sebastian.
2) Have established businesses within the city limits.
RECOMMENDED ACTION
Move to approve the reappointment of John Laman, General Contractor for
an additional 3 year term and Gerald Smith, Regular Member to serve a
first full term, both to expire September, 1996.
CONSTRUCTION BOARD
Sec. 26-191, Membership; terms; filling of vacancies.
(a) The city construction board shall be composed of
seven members and, as far as practical, shall consist of two
certified contractors (residential, building, general),
one electrical contractor, one heating and ventilation
contractor, one architect or engineer, one plumbing
contractor and one concerned citizen. The city council may
also appoint one or two alternate members who shall serve as
necessary to assemble a maximum of seven voting members
of the board. It is pre~erred that the alternate members
consist of one certified contractor and one concerned
citizen. Ail members and alternate members shall be
appointed by the city council. The board may make
recommendation to the city council concerning membership to
the board.
(b) To be eligible for appointment, except as
otherwise provided in this section, each contractor member
shall be actively engaged in construction in the city, be a
resident of the county, or have an established business in
the city limits. A contractor member must meet two of these
three requirements. The concerned citizen member must be a
resident of the city. The architect or engineer shall be
licensed in the state and be a resident of the county.
(c) Each member of the board shall hold'a valid
certificate issued by the board or the state in addition to
having the qualifications required in subsection (b) of this
section, excepting the one concerned citizen member. If any
member of the board, at any time during his term, no longer
possesses the required qualifications such member shall be
automatically suspended for 30 days; then, unless
qualified within 30 days, shall be replaced.
(d) Of the regular members appointed to the board:.
(1) Two members shall be appointed for an initiai term of
one year.
(2) Three members shall be appointed for an initial term of
two years.
(3) Two members shall be appointed for an initial term of
three years.
Thereafter all appointments shall be made for a term of
three years. All terms of office shall expire on September
30 of the last year of the term.
49
I City of Sebastian
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POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
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SUBJECT:
REAPPOINTMENT, CONSTRUCTION BOARD
JOHN LAMAN, GENERAL CONTRACTOR
JERALD E. SMITH, REGULAR MEMBER
Approved For Submittal By:
) Agenda Number: ~-~//--~
)
) Dept. Origin: Community Development
) (BC)
) Date Submitted: 09/17/93
For Agenda Of: .....
10/13/93
Exhibits: Applications for:
i) John Laman, 2) Gerald E. Smith
3) Joseph W. Schulke
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EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
i SUMMARY STATEMENT
At the Construction Board meeting held September 14, .1993, a motion was
I 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.
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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
i Move to reappoint John Laman, General Contractor and Jerald Smith, Regular
Member, both for additional 3 year terms to expire September, 1996.
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City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M E M 0
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TO:
FROM:
SUBJECT:
Earle Petty, Chief of Police
Kathryn M. O'Halloran, City Clerk
Investiq~.tion -BoardADDlicatiqD
John Mark Laman
DATE:
September 9, 1993
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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
SEB~kSTIAN
POLICE
DEPARTNKENT
MEMORANDUM
DATE
TO
FRoM
SUBJECT=
September 14, 1993
Kathryn M. O'Halloran, 'City Clerk
Investigator William Render
Want/Warrant Check - Applicant
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Pos~ Office Box 780127
Se~asfiart. FL 32978.-0127 ·
:-' (40.,i,?~ 589-5233 ,,
~,. ±~,/" ~ I
/~/ _ ~ .
~ ~: *2, q.~ ~':"
John Mark Laman
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 andfollow up will
occur.
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[ ] Holds valid Florida Drivers License.
investigator v
Sebastian Police Department
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8. DRIVERS LICENSE ~ER:
9. RESUME OF EDUCATJON m~TD E×PERIENCE: ///It../-, 3-~./-~./
(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
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 i-thi~" .~'~
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 sewing on another Boar~ther 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
Ci~ of Sebastian to investigate the truthfulness of all
info~ation which I have provided in this application.
understand that any misrepresentation or omission of info~ation
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 pe~anent inability to perfo~ 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 info,ed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me~ ~A~'
Subscribed and sworn to befo e this ~ day of ~~-- ,
-- ' as identification.
to me or has produced
Nota~ Public, StaTe of F~o: ~a
Name of Notary (Printed or Typed)
Commission No.
\ws- form\ appl ication
!
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City of Sebastian
i POST OFFICE BOX 780127 [~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
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M E M 0
I TO:
FROM:
I SUBJECT:
Earle Petty, Chief of Police
Kathryn M. O'Halloran, City Clerk
~nvestiqation - Board Application
Jerald ~.,.. Smith, Sr.
I DATE:
September 3, 1993
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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
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~ POLICE ~o~, o~o ~o,,
~%., ~ ~.[,,.
DATE : Sept~r 14, 1993"
TO : ~~ M. O'Hallor~', City Clerk
FR°M : Investi ator Willi~ Re.er
S~JECT: Want/W~rant Che~ - Applicant Jer~d E. ~i~, Sr.
A check for wants/warrants for the above referenced
applicant/board me. er reveal that:
~ No active want or warrant for subject is on file.
~ Holds valid Florida Drivers License.
Sebastian Polic~ Depa~men~ ,... ...
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APPLICATION TO SERVE ON CITY BOARD
m
5.
6.
7.
8.
9.
3. HOME TELEPHONE: Z/D
~,us~.ss: J~n~/ ~,'r~
/
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
DRIVERS LICENSE NUMBER: ~ ~"~5~)- ~"---~k-- ~ ~
REsumE OF EDUCATION AND EXPERIENCE: j~~ ~,,.~.~ ~~
(use additional sheets if necessary or submit resume if available)
10.
11.
12.
13.
14.
15.
Voter registration no. ~. ~lq
Are you a resident of the City?
Length of Residency
Do you hold a public office?
Yes__Nox
Yes__ No~
Do you serve on a City Board at present? Yes ~ No
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
What qualificat, ions do you have to serve on this board?
17. What reasons do you have for wishing to serve on an advisor~
board?
0
~L~ ~ ' ' ' ' / .... /: ·
.~. ~ ~-
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes ~ No ~L-~
19. Would you consider serving on another Board othe~t~an the
one(s) you selected above? Yes
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
~~ed 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.
A~lican~ Signa%ure
and sworn to before me this / day
Subscribed
t°.me or h~ Produced '' - ~~dentification.
(SEAL)
No ary P~bli~, Sta~e 6f"'~lOrida
-b
~~.~,% ShebA. Paul Name of Notary (printed or Typed)
\ws-form\application
Commission No.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
i
FAX 407-589-5570
I M It M
0
I TO.'
Earle Petty, Chief of Police
FROM:
I SUBJECT:
i
DATE:
I
Kathryn M. O'Halloran, City Clerk
Investigation - Board ~
September 9, 1993
i Attached please board application of Joseph W. Schulke,
fin~
for investigation, in accordance with Resolution No. R-91-38,
I
to serve on a City Board.
!
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/js
Enclosure
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FROM = Investzgator Willi~ ~nder
SUBJECT: Want/Wa=ant ~t J.e~ ~ Sc~e
A check for wants/warrants for the above referenced
applicant/board me.er reveal that:
~ No active want or warrant for subject is on file.
~ Holds valid Florida Drivers License.
InvestigatOr
Sebastian Police Department ,-.
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2.
3.
4.
5.
6.
7.
8.
9.
APPLICATION TO SERVE ON CITY BOARD
NAME: Joseph W. Schulke
HOME ADDRESS: 466 Cara..y.an Terrace, Sebastian. FL
HOME TELEPHONE: 589-9045
BUSINESS: William J. Schulke, Inc. - Building Contractor
BUSINESS ADDRESS: 1249 Larkspur Street.r Sebastian, FL 32958
BUSINESS TELEPHONE: 388-1876
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE NI/MBER:
RESUME OF EDUCATION AND EXPERIENCE: See ~tta~hed
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(use additional sheets if necessary or submit resume if available)
10. Voter registration no.
11.
12.
13.
14.
15.
Are you a resident of the City? yes X No
Length of Residency
Do you hold a public office? Yes__ Nox___
Do you serve on a City Board at present? Yes No X
2 Yr. 9 Mo.
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 2
HANDICAPPED COMMITTEE
16. What qualifications do you have to serve on this board? 1. Resident of the City of Sebastian
2 "Plorid~ Licensed' Building dontractor actively engaged in construction
in Sebastian (Lic. No. CBC 050073BC)
Fl'o~£'da 'Licensed ~ofe~sional E~in~er'(Lic. No. P.E. 47048)
What reasons do you have for wishing to serve on an advisory
board?
As a concerned resident of Sebastian, I would like to actively engaqe
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 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 . J0SgP~ ~. Schulke , who is persona!~¥ known'
to me~rx~%~ex~xxxxxxxxxxxxxxxxxxxxxxxxxx~
(SEAL)
N6%ary PUblic, ~ta=e of
Florida
Patti W. Espich
Name of Notary (Printed or Typed)
CC252213
Commission No.
\ws- form\ application
~OSEPB ~o SC~P.,KE
466 Caravan Terrace
Sebastian, Florida 32958
(407) 589-90~5
Education - Reqistratio-
University of Miami, Coral Gables, Florida
Bachelor of Science, Civil Engineering, May 1989
Bachelor of Science, Architectural Engineering, May 1989
Registered Engineer Intern,
Registration No. 1088 EL 326, August 1989
o Florida Certified Building Contractor,
License No. CBC 050073BC (Active 1990)
0 Florida Registered Professional Engineer,
License No. 47048 (1993)
Emplo.Fm. en~ Experience
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Lloyd & Associates. Inc.
Consulting Engineers and Surveyors
1835 20th Street
Veto Beach, Florida 32960
Positions:
1985 - 1986
1987
Part Time
Part T/me
Mc0ueen & Assoc.iate~, Iuc.
Consulting Engineers and Surveyors
780 22nd Place, Suite 201
Vero Beach, Florida 32960
Survey Crew
Draftsman
Positions:
1987 - 1989
1989 - 1993
Part Time
Full Time
Kniqht,.McGuir~ & Associates, Inc.
Consult'ing'Englneer~ an~ Planners
830 Azalea Lane, Suite 204
Vero Beach, Florida 32963
Project Engineer
Project Engineer
Positions:
7/93 - Present
William J. Sghulke, IBc.
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
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
(407) 589-5330 FAX (407) 589-5570
TELEPHONE
I AGENDA FORM
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SUBJECT=
Police Department Records
Division Positions
A_~.PROVED FOR SUBMITTAL BY:
Cxty Manager: _
) Agenda No. ~5. ~ q~-
)
) Dept. Origin city Clerk
)
) Date Submitted 11/3/93
)
) For Agenda Of ~
)
) Exhibits:
Position List
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EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
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SUMMARY STATEMENT
Chief Earl Petty, at the August 7, 1993 budget workshop,
requested "two new personnel, one sworn, one non-sworn. The non-
sworn position would be to fill a records clerk I position at the
Police Department and in addition to that, to upgrade the Clerk i
to Clerk II and upgrade the Clerk II position to Administrative
Secretary" and "an evidence crime scene technician".
The final 1993/1994 fiscal year budget, adopted September 22,
1993, included funding for the new Clerk I position and the new
Crime Scene Evidence Technician position. It did not, however,
contain funding for the upgrade for the existing Clerk I to Clerk
II and the upgrade of the existing Clerk II to Administrative
Secretary. The Administrative Secretary position would be a new
position for the Police Department.
As a result of a meeting with the Chief of Police, Finance
Director and Personnel Director, and review of the tape of the
August 7, 1993 workshop, there seems to be a discrepancy as to
direction of city Council relative to the upgrades.
In order to fund those upgrades, the City Council will be
required to approve a budget amendment. I am requesting a motion
and second to fund the upgrades and add Administrative Secretary
to the approved positions for the Police Department.
If approval is given, we will bring back the funding in our next
fiscal 1993/1994 budget amendment
RECOMMENDED ACTION
Move to approve the Police Department Records Division position
upgrades as requested by Chief Earl Petty at the August 7, 1993
budget workshop to: 1) upgrade one current Clerk i to Clerk II;
2) add the position of Administrative Secretary to approved P.D.
positions and upgrade the current Clerk II to Administrative
Secretary and direct staff to prepare a budget amendment.
POLICE DEPARTMENT
RECORDS DIVISION pOSITIONS
~ons Prior to 93/94 Budqet Workshop
* One Clerk i
* One Clerk Ii
* One Administrative Assistant
~Q~~ ~ste~ bv Chief at 93/94 Budqet Workshop
* Add new person as Clerk I
* Upgrade current Clerk I to Clerk II
* Upgrade current Clerk II to Administrative Secretary
(that position title would have to be added to approved
P.D. positions)
* Administrative Assistant Remains the Same
Positions in Effect as Result of 93/94 Budget Adoption
* Two Clerk I's
* One Clerk II
* One Administrative Assistant
posit$ons if Budqet is Amended
* One Clerk I
* One Clerk Ii
* One Administrative Secretary
* One Administrative Assistant
SUBJECT:
City Employee
Health Insurance Coverage
Approved For Submittal By:
City Manager~ &'~ ; .
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
N/A
Finance
11/3/93
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
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In adopting the FY 1993-94 budget, City Council approved an
expenditure amount of $300 per employee per month for Health and
Accident (H&A) Insurance. Since that time, actuarial reports from
the H&A Plan Administrator have indicated that, based on actual
claims history during the 12 month period of July 1992 through June
of 1993, the existing employee H&A coverage will require funding of
$374 per employee per month. The existing union contract sets a
required city contribution "cap" of $325 per month per employee.
Based on 112 full time employees participating in the coverage
plan, the existing budget shortfall is approximately $99,500 (112
X $74 X 12). Of this amount, the City is obligated to pay
approximately $33,600 because of the existing "status quo" union
contract (112 X $25 X 12). The questions at hand are how to fund
the remaining $65,900 anticipated expenditure for employee H&A
insurance and the $33,600 shortfall required under the existing
contract.
(continued on next page)
Although the possibility exists to have each participating employee
pay approximately $22.63 per pay period to cover the $65,900
balance of the cost of H&A insurance coverage, the City would be
required to allow employees to "opt out" of the plan under this
option. This creates greater risk for the City and those employees
remaining in the plan because the existing policy is self-insured
for the first $20,000 of claims per employee and it is probable
that many of the employees opting out of coverage will be those
with better health experience.
city Council approved a $100,000 merit pool for raises during the
'93-'94 FY in the budget. Staff's recommendation is to use this
budgeted appropriation to pay the additional expenditure required
for employee H&A Insurance coverage ($33,600 + $65,900).
In essence this would provide each covered employee with a "raise"
of $22.63 per pay period (or $588 annually). The existing contract
cap of $3,900 per year ($300 per month) remains unchanged, as this
is a one time exception. Additionally, no monies would remain to
grant raises during the current Fiscal Year. Therefore a salary
freeze effective October 1, 1993 would be required.
RECOMMENDED ~CTION
Move to reallocate merit pool reserve of $100,000 to cover Employee
H&A Insurance expenditures of the same amount as they are incurred,
institute a salary freeze retroactive to October 1, 1993 (excluding
specific raises already granted by Council during the budget
adoption process), and retain the existing contract cap of $3,900
per year per employee for H&A Insurance coverage paid by the city.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Purchase of Backhoe
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
ENG / P~
Date Submitted 11-04-93
For Agenda of
11-10-93
Exhibits: Letter dated 11-02-93
from Jerry Thomas and letter
dated 10-27-93 from Tony Clopein
Case Power Proposals
EXPENDITURE
REQUIRED: $35,850.
AMOUNT APPROPRIATION
BUDGETED: $30,000 REQUIRED: $5,850
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SUMMARY STATEMENT
My assistant Public Works Director brought to my attention the
possibility of purchasing a $45,000 Case backhoe for $35,850.
This is a used piece of equipment with approximately 700 hours.
It is a 1992 580 K model as budgeted in the Fiscal 93/94 budget.
At my direction, both the Assistant Public Works Director and the
shop foreman made a trip to Orlando to inspect the piece of
equipment. They reported that it is a new piece of equipment in
excellent condition with approximately 659 hours. It has been
used as a demonstrator by the Case dealership and that they would
honor a full one year manufacturers warranty if the City were to
decide to purchase it.
We have made comparisons of similar type of equipment that is on
the state commodities contract list which is for a Ford for
approximately $3000 less than the purchase price of the Case
backhoe. The comparison between a Case and Ford is like a
Cadillac and a Ford. The Case is the Cadillac and a Ford is a
Ford. Our past experience with obtaining parts and servicability
of Ford has been poor at best. Funding for this project would be
from the capital projects fund. $30,000 has been set aside for
the backhoe. It was anticipated that the small John Deere
because of the implementation of the culvert crew they would use
the small John Deere backhoe to load fill on the truck and to dig
out the culvert pipe ends under the streets. I feel it is
imperative that the City have three backhoes because of the
amount of drainage complaints that we are experiencing.
RECOMMENDED ACTION
Move to waive bidding procedures and approve the purchase of the
1992 Model 580K Case Backhoe for $35,850.
Case Power and Equipment
Fla. Pkwy.
FL 32821
(407) 859-1050
850-9176
NAME ~ _r_r_r_r_r_r_r_r_r~, c.~",m~_~
!' .
OF
MODEL
1604 Tampa East Blvd.. N.E.
Tampa, Florida 33619
Phone: (813) 621-6811
Fax: (813) 621-6355
1-800-866-6098
PRICE
QUOTATION
3760 N.W. 17th Place
Ocala, Florida 34475
Phone: (904) 867-1570
Fax: (904) 867-1755
1-600-879-1570
Date,,,
PHONE
STATE
ZIP 32958
DELIVERY DATE ]0 1~ ~
DESCRIPTION
TOTAL.,
}0/31/93
Case Power and Equipment '
158:~ Central Fla. Pkwy.
Orlando, FL 32821
Phone: (407) 859-1050
Fax: (407) 850-9176
1-800-879-8770
COMPANY NAME
1604 Tampa East Blvd., N.E.
Tampa, Florida 33619
Phone: (813) 621-5811
Fax: (813) 621-6355
1-800-866;6098
PRICE
QUOTATION
ADDRESS
CITY -~~AN',, STATE
PUBLIC WORKS
3760 N.W. 17th Pla(~
Ocala, Florida 344;~
Phone: (904) 867-1570
Fax: (904) 867-17~
1-800-879-15;
!
ATTENTION OF
Date
PHONE 407-589-5330
FAX 407-589-5570
~, __ZIP~~L~
DELIVERY DATE 30~v~ ~n_
MODEL DESCRIPTION TOTAL I
580SK NEW 1993 CASE BACKHOE-LOADER EQUIPPED AS FOLLOWS: I
4-390 CASE DIESEL ENGINE I
4 ~%iEEL DRIVE
BACKHOE EXTENDAHOE W/CASE CONTROLS
12 X ]6.5, 8PR LUG TREAD FRONT TIRES
].9.5L X 24, ].OPR R4 REAR TIRES
CANOPY - ROPS
DELUXE VINYL SUSPENSION SEAT
COMBINATION FLIP OVER PADS
].-CU. YD LOADER BUCKET - 82" WIDE
24" BACKHOE BUCKET
AUXILIARY 8 GALIJDN FUEL TANK
TWO ].2 VOLT BATTERIES
12 MONTH WARRANTY
DELIVERED PRICE FOB SEBASTIAN, FL $44,550.00
].0/3]./93
Case/l~er ~5~lulpment I
uote good thru ~~
Accepted by by:
TO:
FROM:
DATE:
SUBJECT:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
Dan Eckis
Jerry Thomas.~,
November 2, 1993
PURCHASE OF BACKHOE
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I am requesting a purchase of one 1992 Case Model 580K Backhoe
loader combination.
The machine is currently owned by the J.I. Case Company located
in Orlando and they will sell it with a new machine warranty.
This piece of equipment was used as a demonstrator and I have
personally inspected it along with Tony Clopein, our equipment
maintenance foreman, and it was found to be in new condition.
J.I. Case Company purchase price is $35,850.00.
The Ford Motor Company was awarded the state contract this year
for this type of equipment and we can purchase a Ford Loader
Backhoe for S32,463.00. The difference of $3,387.00.
It is my recommendation that the City should purchase the Case
Backhoe.
In the past, in our area, we have had problems with the Ford
dealer on parts and service.
JT/dl
MEMORANDUM
DATE: October 27, 1993
TO: Dan Eckis, Public Works
FROM:
RE:Ford
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Tony CloDein, Vehicle Maintenance I
Equipment I
It was brought to my attention that you needed some
information on the problems we are having with the Ford ec/uipment
that we have in our fleet.
The first problem is the mower in the Parks Department,
which is a CM272. Soon after purchase, we needed a belt for this
machine, and it took them approximately one month to get the belt
and approximately two weeks to get blades for this machine, these
are items that should have been in stock at the dealership and
were not, they had to be ordered from the factory. We have had
many problems getting parts, as well as technical advice on the
repairs that we did here at our garage. When it was time for the
first fifty hour service, we called to get filters sent to us,
and there were no filters available from the dealer, which meant
we had to wait approximately two weeks for the filters to come in
just so we could do routine service. Two weeks after the service,
it was brought into the garage for a belt replacement as the
original one had been torn off at the Golf Course, and once again
we were told this item was not in stock, and that it would be
ordered that day from the factory. It took approximately one and
one-half weeks to get the belt.
The second machine we have had problems with is the Ford
7740 tractor with the interstator. We had a problem with the
transmission locking in second gear, and when we called Ford, we
were informed that they had to take it to their shop for repairs,
and that we would be responsible for the transportation charges
to and from their shop, which was $140.00. Approximately one week
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later, the tractor stuck in second gear again. I called the shop
on Monday, to get them to send a mechanic to Sebastian for the
repair, we were scheduled for Tuesday morning at 7:30 a.m. and
the man never showed. I called again this morning, and was told
that they forgot to come up and the serviceman would be here on
Thursday.
The next problem we have is a Rhino hogger that we purchased
from Ford. When the clutch went out on the driveshaft, which is
normal wear and tear, we called to order a part. A Dart was
delivered. It was the wrong Dart and not even the Dart number I
had given them. It will take about another week to get the
correct Darts.
These are some of the ongoing problems we are having with
the Ford dealership and the Ford equipment that we have. In
general, the lack of support for parts, and the lack of warranty,
would make me suggest that we do not go with another Ford product
at this time and go with an alternate brand of equipment.
Technical support and parts availability are the biggest factors
in deciding which piece of equipment to purchase. If the
machinery is down for any length of time because the dealer
doesn't stock oil filters, air filters, belts, or blades, then
the machine is not doing the City any good.
City of Sebastian
,~-.~T~.-?!C~DXJ~t~_.27 u SEBASTIAN, FLORIDA ~
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:"Indian River React"
Use of Yacht Club
Approved For Submittal By:
Acting _, ~
city Manager~f.]T9 ~/~")~ '~/~-~,-~
)
) ~ Origin City Clerk
)
) Date Submitted ~0/29/95
)
) For A enq~da Of 11/10/93
)
) Exhibits: Letter
and backup dated 10/29/93
)
m
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
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SUMMARY STATKMENT
The City of Sebastian has received a request from "Indian River
React" for use of the Yacht Club on the first Monday of each
month between the hours of 7:00 P.M. and 10:00 P.M. to hold their
monthly business meetings.
Indian River React is a non profit, all volunteer organization
that has assisted Sebastian Emergency Management and are
branching off from Space Coast React so that a React Unit will be
more accessible to this area.
They are requesting waiver of all rental fees and a reduction in
security deposit to $100.00.
RECOMMENDED ACTION
Review the above request and act accordingly.
0ctcbs~ 26, 1993
328 San Na~D N~sd, S.W.
rD later ~ 10:00 P.M..
3) qt~ l~D~2~ Int~ letter (rD ar~ t~
4) ~ ~ RE~/~
~y
I KATI; D. 'rucKE~
STATE OF FLORIDA
DEPARTMENT OF HEV~NTTE
TALLAHA.~$E~ FLORIDA 32399-010~
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D~I, $ir/~iadam:
App~ ~oat~on Aooep~m~e
~no~osu~e
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AN EQUAL OPPORTUNITY/AFFiRMATIVE ACTION EMPLOYER
nternal Revenue Service Department of lhe Treasury
Washington, DC 20224
REACT, International, Inc4
111 East Wacker Drive
Chicago, Illinois 60601
DO 36
En~: 510168558
Key District:
Accounting Period Ending:
Form 990 Required:
Foundation Status Classification:
Advance Ruling Period Ends:
Group Exemption Number:
Gentlemen:
Person lo Contact:
· elephooe Number;
Reler Reply
Oa,e: 7-30-76
Chicago
December 31
9Yes /-~ No
(a)(2~-
John. Donoghue
E: EO:T:R: 2-6
This is in further reference to your application for
cognition of exemption for you and your subordinates as
organizations described in section 501(c)(3) of the Internal
Revenue Code of 1954.
,..(Materiel pertaining only to REACT International, Inc., deleted in
the interests of clarity and brevity)...
Based on information supplied, we recognize you and
your named subordinate organizations on the list you
submitted as being exempt from Federal income tax under
section 501(c)(3) of the Internal Revenue Code effective
April 1, 1976.
...(Material pertaining only to REACT International, Inc., deleted in
the interests of clarity and brevity)...
Organizations that are not private foundation are
not subject to the excise taxes under Chapter 42 of the Code.
However, you are not automatically exempt from other
United States excise taxes. If you have any questions
concerning these taxes, please let us know.
Additionally, we have classified the subordinate organi-
zations you operate, supervise, or control, and which are
covered Dy your notification to us, as organizations that
are not private foundations by virtue of section 509(a)(2).
of the Code.
You are required to file Form 990, Return of Organiza-
tion Exempt from Income Tax by the 15th day of the fifth
month only if your gross receipts each year are normally
more than $5,000.
Each of your subordinate organizations whose gross
receipts annually are normally more than $5,000 are also
required to file Form 990, Return of Organization Exempt from
Income Tax by the 15th day of the fifth month after the
close of their annual accounting period unless you include
the subordinates in a group return. The law imposes a
penalty of $10.00 a day, up to a maximum of $5,000 for
failure to file a return on time.
international, Inc.
You and your named exempt subordinate organizations
are not required to file Federal income tax returns unless
you and the subordinate organizations are subject to the tax
on unrelated business income under section 511 of the
Code. tf you or the subordinate organizations are
subject to this tax, an income tax return on form 990-T
must be filed. In this letter we are not determining
whether any of your activities or those of your subor-
dinates are unrelated trade or business as defined in
section 513 of the Code.
You and your na~s5 subordinate organizations are not
liable for social security (FICA) taxes effective April 1,
1976, unless you and they file a waiver of exemption
certificate as provided in the Federal Insurance Contributions
Act. You and your named subordinate organizations also are
not liable for the taxes imposed under the Federal
Unemployment Tax Act (FUTA) effective April 1, 1976.
Donors may deduct contributions to you and your named
subordinate organizations as provided by section 170 of the
Code effective April 1, 1976. Bequests, legacies, devises,
transfers, or gifts to or for the use of you and your
named subordinate organizations are deductible for Federal
estate and gift tax purposes under section 2055, 2106, and
2522 of the Code effective April 1, 1976.
You should advise each of your subordinate organizations
of the provisions of this ruling, including the requirements
for filing information or other returns.
· ..(Material pertaining only to REACT International, Inc., deleted in
the interests of clarity end brevity)...
This exemption letter is not applicable to an of
your
subordinate organizations which are organizedYand
operated in a foreign country.
This letter supersedes our ruling letters to you
dated December 3, 1975, and February 13, 1976, to the
exten~' that they are inconsistent with this letter.
This letter also supersedes the individual ruling
letters under section 501(c)(3) and section 501(c)(4)
that have been issued to the subordinates that are
covered by this ruling letter.
We are sending a cop>, of this letter to your Rey
District Director, Chicago, Illinois.
Sincerely yours,
(Signed)
£. D. Coleman
Chief, Exempt Organizations
Iechnical Branch
REACT International, Inc.
242 Clevelancl, Wichita. Kanse$ 67214
(316) 263-2100
Au~uet 2, 1989
Space Coa.~ REACT W&577'
PO Box 360292
Nelbourhe FL 32936
Deer REACT International Teem:
This letter is notification end aupportive documentation that REACT
International, Inc. hes received eh IRS Group Exemption for itl officially
recognized Teeme end Council.. Our humber 274~6 va. permanently elaiened
July 2&, 1979 by the Internal Revenue Service. '
8accuse Space Cooer REACT ~&577 ia e Teem in good steadies vith REACT
Intern&tiohelt Inc.. your Teem ia exempt from Federel income end FUTA
taxa.. Contrtbutiona to your Team are deductible by your donora.
Federal tax lev. require your Teem to file iRS Form 990, "Return of
Organlzattoha Exempt from ZhCome Tex,' vlthin e specified time if you
normally hoe gross receipts in exceaa of $25,000 in · fiscal year.
Stere rex lave may differ. You .hould ask your stere about the note.aery
filth8 requiremehte.
Your Teem rill automatically be included in the group exemption oh e
cohtinuoua beaia, provided you comply vith the follovih8 requirementa:
A. Continue your affiliation vith RE. ACT 2nternetiohel, Inc. by .ubmittin&
end peyin$ ell required feel.
your Teem.
C. rile Form 990 ~ith the IRS on time, if your gross receipt, ere $25,000
or mOre. Alao~ .end · copy to REACT International.
Failure to cooperate in providing th/a information vii1 Jeopardize your to:
Gee~rBI Mln~e e x · m p/t,..._a..t..~,~u a.
RH/sv
WHAT IS REACT
RK~CT (Radio Emergency Associated Communications Teams) is
an international public service organization composed of
affiliated ~CT Teams. A RE~CT Team is a chartered member of
REACT International. Headquartered in Wichita, Kansas; Pdt%CT
Inte=natioaal works with other national groups as F.E.M.A.,
N.O.V.A.D., The American Red Cross, A.R.R.L., The Salvation
Army, N.O.A.A., local and state authorities.
REACT is NOT a CB Club in any sense of the word. It is an
over-all, all volunteer.non-profit tax exempt organization
and one of the largest public service organizations in the
United States. P~LCT Teams tailor their operations to suit
local needs and conditions. Many teams have a Junior program
or sponsor a Boy Scouts of America, Explorer Post.
RE~CT Teams monitor Emergency Citizens Band channel 9, and
many other authorized frequencies for any t~pe of emergency
calls. Purposes in=lude the correct usage of CB'Emergency
Channel - 9 ". Developi~g the skilled use of the CB Radio
Service, G.M.R.S.'(UHF), Amateur, Cellular and other radio
services as additional aources of communications in
emergencies through public information programs and the
coordination of efforts with other emergency organizations.
There are over 800 chartered teams active in the
United States, Puerto Rico, Trinidad-Tobago, Canada, United
Kingdom and in the United States owned territories.
In addition to monitoring channel 9, the REACT teams supply
communication assistance for many worthwhile community
events, such as the Special Olympics, March of Dimes,
Multiple Sclerosis, parades, runs, walk-a-rhone, bike tours',
hot air balloon festivals to name a few. During major
holiday weekends, many RF~tCT Teams host (KEEP AWAKE) Safety
B~eaks aIong the highways, to help often tired and weary
motorists combat fatigue or DUI.
Being a member of REACT has a different meaning to different
people. To some it fills time; to others, it is an extension
of themselves; and to still others, it is a means of helping
people when they have no other way to do so. Whatever reason
for belonging, when a party you have helped during an
emergency comes back later and says "THANKS-, then you will
know it is all worth the belonging.
WEL -'OME- TO t EACT