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11171993
City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 17, 1993 - 7:00 EM. 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, FLORH)A. 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 INVOCATION - Reverend Tom Kempf - Riverside Assembly Church of God 4. ROLL CALL 5. AGENDA MODIFICATION~ (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCL/%MATIONS AND[ORANNOUNCEMENTS 93.085 PGS 1-14 PGS 15-34 7. PUBLIC HE~RING.. FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 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. RESOLUTION NO. R-93-62 - Sebastian Lakes Development Agreement (Director of Community Development Transmittal dated 11/10/93, R-93-62, Development Agreement) 2nd Public Hearing and Adoption 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, 11/10/93 1st Public Hearing) 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. Approval of Minutes - 11/8/93 Special Meeting, 11/10/93 Regular Meeting 93.347 PGS 35-38 93.348 PGS 39-43 93.349 PGS 45-47 11. 12. 13. 14. 93.089 PGS 49-66 RESOLUTION NO. R-93'64 - Updating Unlimited Time Status Positions in Standard Operating Procedures (Personnel Director Transmittal dated 11/9/93, R- 93-64) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE STANDARD OPERATING PROCEDURES BY ADDING THE TITLES OF PERSONNEL DIRECTOR, STAFF ACCOUNTANT AND ASSISTANT GOLF COURSE SUPERINTENDENT; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. De First Church of the Nazarene - Specimen Tree Removal Request - Tract F, Block 490, SH, U 15 - Three Pines (Director of Community Development Transmittal dated 11/10/93, Application, Survey) Sebastian Area civic Association - Waive Rental Fee - Use of Yacht Club - December 9, 1993 - 8 am to Noon - Donations to Worthy Causes (City Clerk Transmittal dated 11/11/93, Application, Phelan Letter dated 11/10/93) PRESENTATIONS MAYOR AND CITY COUNCIL MATTERS A. Mrs. Carolyn Corum B. Mrs. Norma Damp C. Mr. Robert Freeland D. Mayor Lonnie R. Powell E. Vice-Mayor Frank Oberbeck CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATiONS OLD BUSINESS Tennis - Raquetball Court Complex (city Clerk Transmittal dated 11/8/93, Excerpt of 3/3/93 Minutes, Transmittal dated 2/25/93 w/ Backup) 15. 93.263 PGS 67-115 93.350 PGS 117-127 93.351 PGS 129-131 93.263 PGS 133-141 NEW BUSINESS ORDINANCE NO. O-93-19 - Adding New Chapter to Code of Ordinances - "Water and Wastewater Utility Rate Ordinance" (Utilities Director Transmittal dated 11/12/93, Cloud Letters, O-93-19, R-93-59) 1st Reading, Set Publlc Hearing 12/1/93 Special Meeting AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE ENTITLED "THE WATER AND WASTEWATER UTILITY RATE ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS; PROVIDING GENERAL TERMS ANDCONDITIONS REGARDING UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES, CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT OF THE WATER AND WASTEWATER CAPITAL IMPROVEMENT FUNDS; RETURNED CHECK CHARGES; PROVIDING MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF WATER AND WASTEWATER RATE SCHEDULES; TERMS OF PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. Interlocal Agreement - City of Sebastian/Indian River County - Walmart Water and Wastewater Service (Utilities Director Transmittal dated 11/12/93, Proposed Agreement, Sketch of Service Territory Expansion, Legal Description) Amend Sebastian River Area Little League, Inc. Lease Agreement (city Engineer Transmittal dated 11/8/93, Diamond Letter dated 10/17/93) Environmental Audit of Existing General Development Utilities Treatment Plant Sites in Sebastian (Utilities Director Transmittal dated 11/10/93, Engineering Science Letters dated 10/21/93 and 11/1/93) 16. INTRODUCTION O__F NEW ~USINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-95-19 Limit of Ten Minutes for Each Speaker) 93.352 A. PGS 143-157 Jeanine Chapp - Indian River County Juvenile Justice Council - Request to Collect Donations Along U. S. 1 Corridor (city Clerk Transmittal dated 11/8/93, Puscher Memo dated 11/9/93, JJC Memo dated 10/20/93 w/Backop) 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. 5 City of Sebastian 1225 Main Street s SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 $ FAX (407) 589-5570 SUBJECT: PUBLIC HEARING FOR SEBASTIAN LAKES DEVELOPMENT AGREEMENT Approval for Submittal By: y Manager 32958 Agenda Num~ber: Dept. Origin: Commu~ity..Dev~lopment. Date Submitted: ~1/10/93 For Agenda Of: 11/17/93 Exhibits: 1. Resolution R-gB-62 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMAR~ STATEMENT At its regular meeting of November 10, 1993 the City Council would have held its first public hearing regarding the development agreement for Sebastian Lakes PUD. Florida Statutes requires two public hearings for a development agreement which, this is the second and final hearing for adoption. RECOMMENDED. ACTION Move to approve Resolution R-93-62. RESOLUTION NO. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN COUNTY, FLORIDA, AUTHORIZING THE I~YOR ~ CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT AGREEMENT NITH 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, the City Council of the City of Sebastian, after reviewing the 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 1. RECITALS. The recitals contained in this Resolutlon are hereby adopted by the City Council of the City of Sebastian. c~ ~. AGREEMENT. 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. ~ .~. RECORDING AND BUBMITTAL. 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. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ ~. 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. 2 Sect/on ~. 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 DEVEL~)PER~ AGREEMENT RE~.ATING TO..~B~TL~ LAKES I THIS AGREEM~vr is rn~ae this day of , 1993 between SEBASTIAN LAKES ASSOCIATES, a Florida general parmen, hip and its successors in interest to the I Property as hereinafter defined ("Assoc/at~'), and the CITY' OF SEBASTIAN, a Florida man/c/pal corporation ('~he City*). A. As,mc/am is the owner of property located w/thl, the City of Sebastian and more particularly d~cn'bed hi Exhibit A (attache~ hereto and made a part hereof), hereinafter referred to as the Property. I B. The Property, pursuant to Ordinances 202-8 and 0.88-45 of the City o! Sebastian adopted on June 11, 1984, and D~cember 7, 1988 res~ct/vely, consists of 35.5 .a~'. es which h included w/thin a Res/dent/al Planned Unit Development (PUD-R) zon/ng I district ('Sebastian Lakes PUD*) and 1737 acres which is zoned CG Commercial. Of the acreage designated commercial, approximately 3.3~ acres h or shall be required ~o be i dedicated for Roseland Road. C. As of the date of thk Agrecu~nt the ~bastian Lakes PUD has been developed with 64 multi-fan~'ly un/ts and a County Library facility. D. Ordinances 202-8 and 0.88~$ require the developer of the Property to undertake certain tram'portation improvements and to dedicate the right of way for certain roadway improvements in conjunction with ce. hain development on the Property. 15, The City wishes to have certain of those roadway improvements constructed at this time and to have dedications of right of way made at this time although Assodates 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 certa/n development ri£hts as ne~ to ensure the rights of Associates and its successors in title to develop thc Property as described herein. G. This is a Developer's Agreemem as author/zed by Ordinance of the City of sebastian and by Sections I63.3220 to 163.3243, Florida Statutes, the Florida Local Government Development Agreement Act. H. The City h~ conduaed two public hearings prior to the approval of this Agreement. Those hcarin~ were held on November 10, 1993 and November 17, 1993. NOW, THEREFORE, in consideration of the promises and muuml covcnanu contained herein, the receipt and sufficiency of which are hereby acknowiedged, the parties agree as follows: herein. 2.. Uses Permitted. Th.e. present comprehensive plan la~d usc and zoning dcsignatior~ ~-~ the Proper~ pemut the Property to be developed with 17.57 acres of I commercial use (less the acreage dedicated or required to be dedicated for fight-of-way) and 284 additional residential uniu on 35.~ acres.('Permined Uses*). I ADDt'ovils R____e,~!~t,d nndJRenuir~. a. The Property has received the following approvals: (2) Thc ncocssar~ comprehensive plan land use approval and zoning approvals U) permit the Property m be developed with the Pertained Uses; The Property is included withi,~ a Plat entitled the Sebastian Lakes, Unit 1 Plak wh!,ch h .r. eeorded in Plat Book 12, Page 11-A of the Public Records of Indian River County, (3) Conceptual approval for the Sebastian Lakes PUD. B~fore the Property may be developed with the Permilted Uses, the developer of such uses shall be required to obtain the following additional approvals (1) Tracts O and G-1 ~re final development plan approval nnd building permits; (2) The remainder of the ProperLy requires preliminary and final development plan approval and building permit. B 4. ]~ublic Facilities. The public facilities necessa~ lo serve the development of the Property with thc Permitted Uses are as follows: Traffic Facilities. The additional roadway imlrrovemenls necessary to provide adequate capacity and safe access to serve the Property are the following: O) The construction of Laconia Road fi'om Grandeur Avenue to Fellsmere Road as a two-lane facility. -2- (a) Associates has submitted to the City plans for the conswa~on of Laconia Road, which are describe~ as dated (*Laconia Road Plans'). I The Laconia Road Plans have been approved by the Cit7 and the City hereby agrees w i~sue a permit in accordance with the Laconia Road Plans. (b) Associates has applied for a water management permit from the St John's Water Management District (*SJWMD*) to bu/ld Laconia Road. Associates will commence construction of Laconia Road in accordance with thc Laconia Road Plans within 15 days after the date that the SJWIdD issues the water management permit in accordance with thc Laconia Road Plans. Assodates shall be responsible for all construction costs to construct Laconia Road in accordance with the Laconia Road Hans. If the S.iWMD/ails to issue a water management permit in accordance w/th the Laconia Road Plans within 90 days of thc date of thh Agrccmcnt, then Associates and the City w/l] rcnegotiate th~ section of the Agreement in order to determine thc most appropriate method of completing the construct/on of Laconia Road. (d) (e) Upon completion of the construct/on .of Laconia Road in accordance with the Laconia Road Plans, thc City agrees to approve the construction and accept the road. Assodates will, prior to the City's acceptance of the addition to Laconia Road, convey to the City a drainage ~asemcnt over that properly 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 d¢ficiendes that may exist 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 Basement Area to meet the City's landscape requirements for the development of the Property. Associates ha,~ previously placed into escrow with the City Attorney $65,000.00 for the construction of Laconia Road, Within five (5) working day~ after this Agreement is fully executed, the City Attorney shall return to Associates $65,000,00 which is being held in escrow, -3- The dedication of n additional 20 fkmt of' riEht-of w~ tot Rosehnd I Rosd and the construction orRo.ebLUd Road f~fn Fellmere Hishwsy ~Kldition~l 20 fee: of ri~bt-of-w~ ~s desc:n'bed m ~hibi: 'C' to ~ Agreen~nt to thc City of Sebaslian within ~ (60) days of the date of this Agrezmem. Amociams or its successors in interest ~, the property tha~ h in a CG Commerelal land use des/gnat/on shall be requ/red to .co .n~ruct Rosehnd Road from lrdl.qmere Highway w Laconia Road lmor to the issv*-,,'e of the Rrst certificaze of occupan~ connmcted as a ~wenty-four foot wide ~wo-lane ~ili~ without curbing and with the ctwtomary swale draina~e. Torn Lanes and Traffic Signalization, As. sociates or iU successors ~u in. rest %o the Property may ~flso be required io construct turn lanes or deceleration lanes to serve the Property from Roseland Road or from Fellsmere Highway and to provide for such traffic signalization as/s warranted at thc/mersection of Fellsmere Highway nad Roseland Road. Such irnprovemems which are necessary to provide safe and adequate access to the Prol~rty shall bc determined at the time of site plan approval for the development of the Property, [ ~W. frier and Sewer. The water and sewer facilities .necessary W serve the Property are, based upon the dam in the Comprehensive Plan, expected to be adequate w provide for the development of the PropertT with the Permitted Uses as descn'bed in Exhibit D to thi~ Agree.m.,ent. The reservation of capacity and conditions for connecting to thc utility systems ~at serve the P .~_. rty are thc subject of separate agreements, or where not covered by ex[sting agreements shall be addressed through future agreements. __ Rccrea.tion and. O~e. S~ace, ,The, City's level of semce for parh and rea'eational facilities a~ ~loptcd m ]ts ~rehensive Plan is two acres per one thousand residents. Thc Comprchermve Plan states that based upon the adopted level of service, thc City bas adequate park and recreational facilities · to accommodate thc growth of the C/ty beyond the year 2010. I ~_o]/O_~Y_~,~. The City's Comprehensive Plan shows that the existing landfills that serve the City have adequate capacity to serve the City's needs for %oore than 25 years. _DeveloDment Rights of Associates. Pursuant to this Agreement: The C/ty shall not durin~ the effective period of this agreement alter the Comprehensive Plan Land Use dcsignation and/or zoning for the Property, -4- except at the request of the then owner of the portion of the Property for which the cha~e is r~ Associates shall be entitled w develop the Property in accordance with the Permitted Uses provided that Associates complies with provisions of I Section 4.s. above and obtains the further approvah required ss d~ under Section 3.b. City shall not unreasonably withhold such approvah and shall review applications for such approvals based on the findings as set forth in Section 4 regarding the adequacy of public fadlities. The de~.,lopment of the Property in accordance with the abov~ stated provisions of ~ ,a.~reement i~ congsteat with the Compr~ensive Plan ~ land dcvelopmen! rel,mlatio~ of the City of Sebastian and will meet all traffic, parks and recreation, and solid waste concurrency rexluire~ for the development of the Property with the Permitted Uses. i d. Should Assoda~s or its successors in interest to all or a port,on of the Property, obtain approval for an amendment to the Comprehensive Plan ~ Use designation and zonin~ for the Property to change the Perm/lied Uses, then the Property shall be deemed to meet =tra~. c concurrency for the development of uses that d.o not ex,ed the traffic unpacts of the Permitted Uses as desto'bed in Exhibit D to this Agreement. If such a change of uses does exceed the lraffic impacts of the Permitted Uses then the Developer of .such new uses shall be required to meet lraffic concurrency only for the traffic unpacts which are additional to the traffic impacts of the Permitted Uses. Such ~ditional tra~c impacts shall be calculated by compari~ the trip genera~on of the Permitted Uses to the trip generation of the new uses. In addition such a change of Permitted Uses shall be deemed to have concurrency for Parks and Recreation for that number of residential units which generate the same number of residents as the Pertained Uses. 6. Additional Permits, Conditio.ns, Restrictions and Terms. To the extent ~at this Agreement has failed to address a reqturemen~ for a particular Permit, term, condiuon or restriction, such failure shall not relieve Associates of the necessity of comply with the law goven~, such permitting requirements, conditions, term or restriaion provided that ~ such City permit, condition, term or restriction does not przveat Assodate~ from enjoying the developm, ent r/ghts as set forth ill Section $ of this Agreement, which rights have been granted tu exchange for Associates agreement to provide infrastructure improvements prior to the development of the Permitted Uses. ~. City shall support and provide reasonable assistance to 7. Associates/n obtai~i~ impact fec credits from Indian River County for the dedication of fight-of-way for and construction of Ros¢land Road. -5. I 8. Term. Th~ Developer's Agreement shall be valid r a period of ten years I from the date of the Agreemen~ ~ I 9. ~l~tafl/lll. This Agr~ shall be recorded m the publ/c records of Indian .River County and shall bc binding upon aug inure to the benefi! of the successors and amgns of the parties, I 10. ~ddr~.~: All notices ]mmmnt to tsl, Agreement shall be sent to thc following As ~o Ci~ Seb~fian Lakes As,~.'ates c/o Sc Paul Corporauon i c/o Ch~ ~ Bank, 101 Park Avenue New York, New York 10178 Auen~m: Cheryl Freindlich Community Development Director P.O. Box 780127 1 Sebastian, Florida 32978 I 11. Attorneys' Fees and Costs. The prevailing p..arty in any suit brought to enforce the terms of tkis Agreement shall be entitled to recover ~ts reasonable attorneys' fees and costs incurre, xl in the Ikigation and appeal of such an action. The prevailing party shall be the party that prevails follow/ng the exhaustion of all appeah, 12. V~ue. Venue for .pu~. oses of any .liti~a_, tion brought by .either party ~o enforce this Agreemen~ or determine rights and obligations of the paffoes pursuant to this Agreement shall be Indian River County, Florida. 13. Dste oi' this Aeree~euL The date of ~hl, Agreemenl shall be the date the Agreement is fully executed: 14. Entire _Agreement. Except ns specifi, cally stated herein, this Agreemem and I thc F_oda~its referenced hercin comtltute the ent3rc agrecmcnt between the parties and supersedes all agreements, represerna~ions, warranties, statem..ents, promises and 1 understandings not specific~ly set forth in this Agreement and specafically supersedes and · rcndcrs null and void that Agreement between Associates and thc City dated March 31, 1992. Neithcr party has in any way relied, nor shall in any way rely, upon any oral 1 agreements, not specifically set forth in this Agreement or in such documents. -6- I I I ~ Ne/ther this Agreement aor any term hereof ma), bc cha~ wa/v~d, discharged or terminated orally, but only'by an ins~ in writing signed by the par~ aga/~ which enforcement of thc change., waive~, d/~charge or termination is sought, 16. ~. The headings in this Agreement are for pm'poses of reference only and shall not limit or other~e a/~ea the meanin~ hereof. IN wrI"NE.qS WHEREOF, the pan/es have executed this A~eement on the da~e spec/fled below, with the City author, ed to execute fids Agreement follow/n~ public h~ari,~ on and . I crr~ I ~ OF SE~, a music/pal corpora~on , Mayor ATTEST: City of Sebastian Approved as to form: City Clerk Charlcs Ian Nash, Attorney day of__ .7. STAT~ OF ) ) COUNTY OF ,, ) 1Vota,-y: Print N~me: Not~ Public, Sta~ of -8- The foregoi%v instrument was ~cknowled~ed before me this _ day of ,1993 by as Mayor of the CITY OF SI~TiAN, $ Florida municipal corporation, on behalf of the corporation. He/she personally appeared before me, h/are personally known w me or produced as identification, and [did] [did not] take an oath. Florida general partn~ I By: St. Paul Coxpot~on, General i Partner Witness: Ti'de: .... 101 Park Avenue New York, NY 10178 STATE OF ) ) ss: OF ) The foregoing instrument wa~.acknowiedged before me this _ day of ,1993 I by of St. Paul CorpOration, Manag/ng Gcncra] Partner of Sebasthn Lakes Assodates, and Sebnstian Lakes Assoc/ates, I a Florida. mtmicipal general partnership and its successors in interest on behalf of the parmership. He/she personally appeared before me,/s/are personally known to me or produced _ as identification, and [did] [did not] take an oath. [NOTARIAL SEAL] Notary:. _ Print Name: .... Notary Public, State of My comm/ssion expires: -9- City of Sebastian 1225MAIN STREET g SEBASTIAN, FLORIDA32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING MONDAY, NOVEMBER 8, 1~)3 - 7:00 EM. CITY COUNCIL CHAJVlBERS 1225 MAIN STREET, SEBASTIAN, FLORmA 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. ~URPOSE: Discuss Habitat Conservation Plan Implementation Mayor Powell called the Special Meeting to order at 7:00 p.m. and explained its purpose. The Pledge of Allegiance was recited. ROLL C~L.,L 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 Deputy City Clerk, Sally Maio Special City Council Meeting November 8, 1993 Page Two 93.336/ 4. 92.213 DISCUSS HABITAT CONSERVATION PLAN IMPLEMENTATION (Director of Community Development Transmittal dated 11/2/93 - List of Events and Exhibits) The Director of Community Development noted the attendance of this meeting by Dawn Zattau, U.S. Fish and Wildlife Service; Brian Tolland, Florida Game and Freshwater Fish; and Lisa Barr, Brevard County; and read a letter from U.S. Fish and Wildlife, received at City Hall today, for ~he record (see attached), the content of which advised that U.S. Fish and Wildlife will no longer issue "no take" concurrence letters on a lot by lot basis and advised that permit applicants will be able to choose between development of an individual habitat conservation plan (HCP) or wait for completion of a city-wide HCP. Edra Young, 1151 Clearmont Street; Barrett Balthaser, 679 SW Bayfront Terrace; Keith Miller, 961 Riviera Avenue; John Revella, 429 Georgia Boulevard; Wally Kramer, Micco; A1 Vilardi, 445 Georgia Boulevard; and Sal Neglia, 461 Georgia Boulevard; addressed City Council on the issue, generally objecting to the mandates established by U.S. Fish and Wildlife Service relative to scrub jay habitat. The Director of Community Development recommended that individual lots be left alone and those tracts not yet subdivided be looked at for mitigation. Lisa Barr, Director of Brevard County Outdoor Resources Management Division, informed City Council on the course that Brevard County followed to finally begin implementation of a habitat conservation plan with a thirty year duration for approximately 12,000 acres and development of a system to spread funding over as wide a base as possible, and submitted a briefing document to City Council which was prepared by Brevard County to submit to the federal government for additional funding. TAPE I - SIDE II (7:48 p.m.) Ms. Bart responded to questions from City Council. Special City Council November 8, 1993 Page Three The Director of Community Development noted ~hat Roland DeBlois, Indian River County was also in the audience to answer questions, and introduced Dawn Zattau, U.S. Fish and Wildlife Service. Dawn Zattau responded to questions from staff and City Council, updated City Council on recent reports that approximately twelve families of scrub jays have been lost within the last two years, reported that the agency has been assigned the task of protecting the species by Congress and cannot allow unauthorized incidental takes to continue, resulting in today's letter to the city. In response to Mayor Powell, she said the average territory size for a scrub jay family is twenty five acres and reported that the Golf Course property can be used but biologically will not sustain the entire scrub jay population to keep the link between the rest of Indian River County and Brevard County active. Vice Mayor Oberbeck excused from 8:08 p.m. to 8:10 pm. Discussion continued on possible alternatives to satisfy U.S. Fish and Wildlife mandates. The Director of Community Development advised that the current procedure has been for. individual lot owners to obtain "no take" letters from U.S. Fish and Wildlife on their own and advised that if Council decided to develop an HCP, in addition to implementation of the plan, funds would have to be expended for consultants and land purchase. Mrs. Damp referred to local governmental agencies, resolutions urging an end to unfunded mandates and noted that Indian River County has spent $30 million on unfunded federal mandates thus far. Mayor Powell called recess at 8:20 p.m. and reconvened the meeting at 8:36 p.m. All members were present. In response to Mrs. Corum, Ms. Zattau recommended City Council obtain a mediator to assist the city in implementing a habitat conservation plan and recommended Michael O'Connell, at the Nature Conservancy in Winter Park. 3 Special City Council November 8, 1993 Page Four Mrs. Corum recommended that the city order the book, "Reconciling Conflicts Under the Endangered Species Act", by Mr. O'Connell. Ms. Zattau said individual lots can be developed now by using mitigation methods, although definitive ratios have not yet been determined by the U.S. Fish and Wildlife. TAPE II - SIDE I (8:49 p.m.) City Council input and inquiries continued. Ms. Zattau responded to inquiries from the Director of Community Development stating that loss of scrub jays would mean loss of the habitat on which they exist, that in areas that have been developed over the last two years jay families have been lost, if birds eventually die out on preserved land the land would probably be released but it would have to be left open for a couple of breeding seasons, the map provided by Brian Tolland shows the areas of concern for U.S. Fish and Wildlife, that if the city does not develop an HCP individual lot owners will have to obtain "no take" letters and the process could take up to sixty days, it will cost individual lot owners even if the city develops an HCP, that the only way a permit would ever be denied is if it jeopardized the continued existence of the entire sub-species, and that U.S. Fish and Wildlife will have no problem with totally grass lots in scrub areas. Ms. Zattau again urged development of an HCP and recommended a mediator. The majority of City Council expressed objections to U.S. Fish and Wildlife mandates. The City Attorney explained options available and advised City Council on the legal ramifications of those options, stated that, in his opinion, U.S. Fish and Wildlife is posturing itself for action against the City of Sebastian if the city does not comply with their mandates, advised that if the city issues a development permit which results in a take of habitat it will be held liable with fines up to $25,000 per take, said that the city could 1) prepare an HCP, 2) take a posture that it will not issue a permit unless the applicant obtains a permit from U.S. Fish and Wildlife or from the State of Florida during nesting season, referring to a case in Juno Beach, and 3) to issue permits and develop a test case, which, in his opinion, the least viable option, since Special City Council Nove~er 8, 1993 Page Five it will be difficult to decide who will be the test case, could be very costly and because the city's ability to challenge the Endangered Species Act is very questionable. He recommended option two and surmised that eventually Indian River County will soon be dealing with this same issue. Mayor Powell reiterated citizen advice to send letters to Congressmen and Mr. Freeland suggested a resolution be adopted and submitted to Congress. The Director of Community Development sought direction and recommended, if it is Council's intent to pursue an HCP, his first step would be to contact Indian River County regarding land acquisition and advised that the five deslgnated scrub areas will be removed from the tax rolls regardless. MOTION by Oberbeck i say leave it up to Fish and Wildlife we'll let the property owners apply to Fish and Wildlife, burden them with paper, they can hire more people, the bureaucracy can get bigger and they can give them permits, number two, my position would be let the secure them from state and citizens request permits, Fish and Wildlife, appropriate agencies and come back to the city. MOTION died for lack of a second. MOTION by Corum I make a motion for Council to contact a mediator to start the process of an HCP. MOTION died for lack of a second. MOTION by Corum Can I make a motion that the city contacts Indian River County to discuss an HCP. MOTION died for lack of a second. Mrs. Corum explained her last motion for the benefit of Mrs. Damp. The Director of Community Development said if there is no motion he will abide by the Fish and Wildlife letter and not issue permits until individuals obtain approval from Fish and Wildlife. Special City Council November 8, 1993 Page Six MOTION by Oberbeck/Freeland I'm going to move again (tape ended) TAPE Ii - SIDE II (9:37 p.m.) I'll reword that not to issue any permits on properties where Fish and Wildlife are involved until such time as Fish and Wildlife provides the proper permits to the applicant or the property owner - option two. Mr. Freeland expressed his objection to federal mandates, Mayor Powell urged citizens to speak out against the mandate and Mrs. Corum urged implementation of an HCP. ROLL CALL: Mr. Oberbeck - aye Mrs. coru~ - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - nay MOTION CARRIED 3-2 (Corum, Powell - nay) The Director of Community Development requested further direction to pursue other avenues to assist property owners. Being no further business, Mayor Powell adjourned the Special Meeting at 9:43 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC\AAE City Clerk 6 City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCrL WEDNESDAY, NOVEMBER 10, 1993 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON 1TEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Vice Mayor Oberbeck called the Regular Meeting to order at 7:00 p.m. and announced that Mayor Powell would be late. 2. The Pledge of Allegiance was recited. 3. No invocation was given. 4. ROLL .CALL Present: Mayor Lonnie Powell (8:23 p.m.) Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Utilities Director, Richard Votapka Finance Director, Marilyn Swichkow Personnel Director, Wendy Widmann Airport Manager John Van Antwerp Deputy City Clerk, Sally Maio Regular City Council November 10, 1993 Page AGENDA MODIFICATIONS (ADDITIQ~S 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). Vice Mayor Oberbeck announced that agenda item 93.346 had been withdrawn by Leroy Hiers. The City Attorney recommended that public hearing items A and B be switched since item B will have a second public hearing on November 17, 1993 and that several people are here from out of town to speak to that item. City Council concurred. 6. PROCLAMATIONS AND/OR ANNO~CEMENTS Vice Mayor Oberbeck announced a Health Awareness Day at Barefoot Bay pavilion on November 16, 1993, and that the Boy Scouts had distributed bags on November 6, 1993 to be picked up on November 13, 1993 for collection of canned goods for the needy. 7. PUBLIC ~.FINAL ~CTION 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 ~lease Not~. Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the council. Regular City Council November 10, 1993 Page Three 93.085 B. ~ NO. ~ - Sebastian Lakes Development Agreement (Director of Community Development Transmittal dated 11/3/93, R-93-62, Development Agreement) Xst Public Hearing, 2nd 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) Vice Mayor Oberbeck announced the public hearing at 7:06 p.m., and the City Attorney read Resolution No. R-93-62 by title only. The Director of Community Development updated City Council on progress on Laconia Street and the development agreement. The City Attorney reported that the property owner has requested that the city enter into an agreement to provide water service to the development and an assurance that there is no objection to Indian River County providing wastewater service. He said he had just received a proposed agreement, advised that he will need to review the agreement with bond counsel and that there was not sufficient time to place the utility agreement on the November 17th agenda. He recommended that the development agreement public hearing be held on November 17th and that, if City Council chooses, the development agreement not be executed until the utility agreement is approved by City Council and executed. Barbara Hail, Greenberg - Traurig, addressed City Council on behalf of St. Paul Corporation, and requested that the November 17, 1993 hearing on the development agreement continue and that they be given thirty days for the utility agreement. 3 Regular City Council November 10, 1993 Page Four J.W. Thompson, 125 Main Street, Sebastian, addressed City Council. Vice Mayor Oberbeck closed the public hearing at 7:15 p.m. The City Attorney reiterated his recommendation relative to the utility agreement. MOTION by Corum/Freeland I'll make a motion that Council approves the first public hearing, sets the second public hearing for November 17, 1993 for Resolution R-93-62. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) 93.337/ 89.003 Sebastian MuniGipal Airport Community Compatibility Study and Airport Master Plan (Final Master Plan Was Previousl~ Distributed) (Advertised 11/5/93 and 11/10/93) (City Clerk/Acting City Manager Transmittal dated 11/3/93) Vice Mayor oberbeck opened the public hearing at 7:20 p.m. Jean Lindsey, Williams, Hatfield and Stoner, gave a brief overview of FAA comments on the plan as submitted in January, and advised that the role of Council, if it concurs with the plan, is to approve it as amended, at which time the plan will be sent back to FAA for final approval. She cautioned that when the city arrives at the implementation stage, further negotiations for funding for FBO relocations will have to take place, therefore, to be sure the plan is implemented holistically rather than piecemeal, staff may want to consider this when it writes referendum language. The Airport Manager said he had forwarded the city's responses to FDOT and FAA comments and has received a verbal approval from them. 4 Regular City Council November 10, 1993 Page Five The Director of Community Development said if the master plan isradopted staff will be pursuing a rezoning on the airport property. The city Attorney advised t_hat to implement the airport master plan a charter revision will be necessary. George Reid, 202 Delmonte Road; Warren Dill, 11675 Roseland Road; Frank DeJoia, 11625 Roseland Road; John Evans, 11155 Roseland Road; urged implementation of the plan in total rather than in phases and suggested that the consultants be retained until implementation; Warren Biebel, 7 Gail Road, River's Edge, thanked Council for its hard work on the plan. The City Attorney responded to comments and reiterated that he and special legal counsel had, in the past, opined that certain provisions in the charter relative to the airport are unconstitutional and should be repealed; expressed concern about how this or future City Council can be bound to the full implementation of the master plan since implementation will be dependent on funding; said a straw poll can be conducted or that the voters will have to have confidence or elect Councils to put forth projects that meet with their desires; and said he would work with the Airport Manager to draft a charter amendment to delete language that is in conflict with the master plan. The Airport Director reiterated the City Attorney's concerns relative to the airport master plan's conflict with the Charter. TAPE I - SIDE II (7:47 p.m.) Vice Mayor Oberbeck closed the public hearing at 7:49 p.m. City Council discussion followed. Mr. Freeland said he had been advised that FDOT has approved funding for airport improvements in their five year plan. The City Attorney responded to concerns expressed by Mrs. Corum relative to conflicts between the Charter and the master plan. Ms. Lindsey explained that due to a previous charter revision limiting use at the airport, the FAA said the city could not limit use under the terms of its deed requirements and had stated it would take back the Regular City Council Nove~ber 10, 1993 Page Six airport, which resulted in the current standstill agreement with FAA, the hiring of Williams, Hatfield and Stoner, and diligent efforts to establish a master plan acceptable to all concerned parties. The City Attorney again recommended that if Council adopts the master plan, it should submit a referendum to amend the Charter so that the Charter is not in conflict with the plan and advised that City Council seek input from the public on proposed Charter language. MOTION by Freeland/Damp I move that City Council approve the airport master plan and direct the City Attorney to prepare an ordinance placing the referendum question on the March 8, 1994 ballot to amend the City Charter. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) Vice Mayor Oberbeck called recess at 8:02 p.m. and reconvened the meeting at 8:15 p.m. All members present prior to the recess were present. 8. CONSENT a~ENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 93.338 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 - 11/19/93 - 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) 6 Regular City Council November 10, 1993 Page Seven 93.339 C. 93.340 D. 93.341 E. 93.263 F. Waiver of Bidding Procedure - Police Department Rental Vehicle through M.A.C.E. - Meat'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) RESO~ N0. R-93-~ - 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. The City Clerk/Acting City Manager read the consent agenda in its entirety, including the title for R-93-63. Vice Mayor Oberbeck said Harry Thomas had signed up to speak on items for bid waiver. Mrs. Corum removed item D for the benefit of Mr. Thomas. Regular City Council November 10, 1993 Page Eight 93.340 MOTION by Freeland/Corum I move that we accept items A, B, C, E and F on the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Powell - absent) ~tem ~ ~ ~ ~f BiddiDg ProG.gdure - Police DeDartmeD% ~ ~chase One '94 Chevrolgt Cargo VaD Harry Thomas, 654 Balboa Street, Sebastian expressed concern relative to waiver of bids. MOTION by Corum/Freeland I move the approval of item D of the consent agenda. ROLL CALL: Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 4-0 (Powell - absent) 9. PRESENTATIONS None. 10. ~{A~OR AN~ CIT~ 90UNCiL MATTERS A. Vice-Mayor Frank Oberbeck Vice Mayor Oberbeck passed and requested to speak last. B. Mrs, Caroled coru~ Mayor Powell arrived at 8:23 p.m. Mrs. Corum objected to Mayor Powell's treatment of Fish and Wildlife representatives at the special meeting relative to a Habitat Conservation Plan on November 8, 1993; and commended people who come prepared to speak at the podium. 8 Regular City Council November 10, 1993 Page Nine C. ~rs. NOrma Damp In response to Mrs. Damp's inquiry relative to specimen tree removal approval, the Director of Community Development responded that the tree ordinance will be back to Council in December. D. Mr. Robert Freeland Mr. Freeland said he believed Mrs. Corum uses meetings for a soapbox; reported on today's MPC meeting and commended the City Engineer for his efforts in obtaining funding for the riverfront project; reported that the MPC is required to have a citizen's committee and suggested that City Council appoint someone interested in the community; expressed concern for the process of recent formation of a county-wide committee of elected officials and suggested that the city representative be selected by the City Council or the Mayor. E. Mayor bonnie R. Powell Mayor Powell apologized for being late; explained what took place between Brian Tolland of Florida Fish and. Game and himself on Monday night; expressed concern for having no prior knowledge of Councilmember Damp's membership on a county-wide committee. Vice Mayor Oberbeck explained the purpose of the Metropolitan Planning Organization. Mayor Powell said City Council and staff have been invited to attend a tour of the new high school on November 22, 1993. 11. ~ITY ATTORNEY MATTERS The City Attorney reported that staff is working diligently on the bond issue and said that the rate resolution may have to be acted upon at a special meeting, since an ordinance may have to be put in place to authorize the imposition of impact fees prior to rates being adopted. Mr. Freeland inquired whether the city could enter into a contract with First Union when they foreclose on the Julian property with certain conditions. Regular City Council November 10, 1993 Page Ten The City Attorney said it was his belief that City Council was still interested in purchase of the property, therefore, dialogue has continued with First Union and Barnett Bank. The City Clerk/Acting City Manager recommended that the public review agenda backup in City Hall prior to meetings. 13. ~ REPOR?S]RECOM~ENDATION~ A. CONSTRUCTION BOARD 93.312 ea m _% n John m nan J raldSmith ~ 3Q, ~996 _~_~_~Of Community Transmittal dated ~ ~ 26-19~(b~ Code. ~ ~f Community ~ Transmitta~ dateO 9/17/93, ~ ADDl.iGations) John Kanfoush, 1437 Seahouse Street, Sebastian, inquired why someone from another county can be on the board. The Director of Community Development said this board's requirements allow someone from out of the county to be a member and that neither member up for reappointment is a county resident. TAPE II - SIDE I (8:45 p.m.) Mr. Freeland said he believed the two term limit was developed to avoid cronyism and that Mr. Leman has served one month short of a six year term. Vice Mayor Oberbeck and Mayor Powell concurred with Mr. Freeland's concern about tenure; Mr. Freeland said Wayne Tozzolo is interested in serving on this board and Mrs. Damp expressed concern for losing members who have gained tenure. MOTION by Freeland/Cor~m I make a motion that we send the request back to the Construction Board for another appointee in place of John Leman. 10 Regular City Council November 10, 1993 Page Eleven Mrs. Corum inquired whether there are other applications on file for this board. The Acting City Manager said she would check. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye MOTION CARRIED 4-1 (Damp - nay) MOTION by Freeland/Oberbeck I make a motion that we reappoint Jerald Smith for an additional three year term to expire September 30, 1996. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 14. OLD BUSINESS None. 15. NEW ~USIN~SS 93.342 ~ Department Record~ Division ~ion Upqrad.~.s (City ClerklActinq ~ ~ Transmittal dated 11/3/93. position List} The Personnel Director advised that these positions were requested at budget time and inadvertently left out of the final budget. The Finance Director stated that the cost of the upgrades would be approximately $3,000. MOTION by Oberbeck/Freeland I would move to approve the positions requested by the Chief during the budget workshop hearings for a change in the clerical position, clerk I position in the Police Department, and upgrade and authorize a new position of Administrative Secretary. 11 Regular City Council November 10, 1993 Page Twelve 93.343 93.344 ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) City Employee Health Insurance Covera~e (Finance D~rector Transmittal ~ 11/3/93) The Personnel Director reported that the anticipated cost health insurance costs for each employee will be $4,476, an increase .of $576 over the $3,900 cap, and recommended, to alleviate individuals from dropping out of the group plan, that City Council cover the estimated increase. The Finance Director noted that the additional cost to the city will be $800 per employee since $300 per month per employee was actually allocated in this fiscal year, and recommended reallocating the money in the merit pool to the insurance cost. MOTION by Corum/Oberbeck I make a motion for the city to pay the health insurance coverage retroactive from October for the '93/94 fiscal year up to a cost of $4,476 per employee. "with the funding to come out of the merit pool that the Council set out" was added to the motion. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Ce Waiver of ~ procedure - public Works m Backhoe - Case Power EauiDment - $35,850 (Citv EnGineer Transmittal dated ~ Thomas Letter dated 1112193. CloDein Letter dated ~0/27/9.3~ Proposals) Vice Mayor Oberbeck was excused from 9:12 p.m. to 9:14 p.m. 12 Regular City Council November 10, 1993 Page Thirteen The City Engineer reiterated his justification for waiver of bid for purchase of the backhoe as presented in his backup. TAPE II - SIDE II (9:19 p.m.) The City Engineer responded to Mr. Freeland's concerns about used machinery and exceeding budget. Mayor Powell advised the City Engineer to try to cut his budget by $6,000 elsewhere in his budget. MOTION by Oberbeck/Freeland I would move that we waive the bidding procedure for public works backhoe and proceed to purchase the Case Machine for $35,850 as per the Engineer's transmittal dated 11/4/93. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 16. iNTRODUCTION_OF NEW ~USIN~SS BY T~E PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 93.345 Indian River REACT - ~ Use of Yacht Club - First ~ Df Each Month - ! ~ ~o 10 ~.m. - Monthly BusiD.~ss Meetin_iD_q~ - Renta~ ~ee Waiver and Reduction o__f Security Deposit t__o ~0.00 ~ Clerk ~ ~ 10/~.9/93, Rode(er Letter date~ ~ wi Backup) Brenda Rode(er, Space Coast REACT, addressed City Council. MOTION by Oberbeck/Freeland I would move to approve the request of REACT. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 13 Regular City Council November 10, 1993 Page Fourteen 93.346 B. beroy H~ers ~ Discuss ~ of Barber ~ Sports Complex ~ ~ [No Backup) This item had been withdrawn by Leroy Hiers. pther Herbert Sturm, 549 Saunders Street, Sebastian, addressed City Council on Code Enforcement. matters and requested that City Council appoint a board to review his case. Mayor Powell announced a meeting being held on November 16, 1993 at the Sebastian River Middle School for all those who are interested in input on the new high school. 17. Being no further business, Mayor Powell adjourned the Regular Meeting at 9:33 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 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: UNLIMITED TIME STATUS POSITIONS APPROVED FOR SUBMITTAL BY: Acting Cit~ Dept. Origin Personnel~ Date Submitted 11/09/93 For Agenda Of . 11/17/93 Exhibits: Resolution R-93-64 EXPEND ITORE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Attached is a list of all unlimited time status positions that exist within the Cit~ of Sebastian's job classification s~stem. Because of the addition of three new positions, and the clarlflcation of correct job titles, this resolution is necessary. In addition, the Charter Officers-have replaced the Cit~ Council as the correct position(s) to determine s~e¢ial compensation of unlimited time status emploTees under their jurisdiction. The Cit~ Council will continue to determine s~ecial compensation of the Charter Officers (Cit~ Manager and Cit~ Clerk). RECOMMENDED ACTION Review and approve the Resolution R-93-64. doc= agenda A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER · COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE STANDARD OPERATING PROCEDURES BY ~DDING THE TITLES OF PERSONNEL DIRECTOR, STAFF ACCOUNTANT AND ASSI.TANT OOLF COURSE SUPERINTENDENT; REPEALING R~SOLUTIONS OR PARTS I OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. WHERF2~, the City Council of the City of Sebastian has added the position of Personnel Director by the adoption of Resolution No. R-92-49; and WHEREAS, the City Council of the City of Sebastian has added the position of Staff Accountant by the adoption of Resolution No. R-93-27; and WHEREAS, the City Council of the City of Sebastian has added the position of Assistant Golf Course Superintendent as unlimited time status by the adoption of Resolution No. R-93-41, the 1993/1994 fiscal year budget; and WHEREAS, the aforementioned positions are management and supervisory positions and are not subject to overtime pay. NOW THEREFORE, BE IT RESOLVED by the city Council of the City of Sebastian, Indian River County, Florida as follows: SECTION 1. That existing Section ii of Part V of the Standard Operating Procedures is hereby repealed and a new Section II of Part V of the Standard Operating Procedures is hereby created to read as follows: "II. UNLIMITED TIME STATUS POSITIONS Employees classified in the following management and supervisory positions are not to be paid overtime pay, but may receive special compensation if approved by the appropriate Charter officer. Charter officers' compensation will be approved by the City Council. In the case of Police Lieutenants, overtime may be approved in a collective bargaining agreement. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Airport Manager Assistant City Manager Assistant ~o the Building Official Assistant Finance Director Assistant Golf Course Superintendent Assistant Public Works Director Chief Building Inspector Chief of Police City Engineer/Public Works Director City Clerk City Manager City Planner Deputy City Clerk Director of Community Development Finance Director/Treasurer Golf Course Pro/Manager Golf Course Superintendent Personnel Director Police Captain Police Lieutenant Staff Accountant Utilities Director" SECTION ~. Resolutions or parts of Resolutions in conflict herewit~h are hereby repealed. SEcTiON ~. This Resolution shall =ake effect immediately upon it adoption. The foregoing Resolution Councilmember Councilmember ~Lhe vote was as follows: was moved for adoption by . The motion was seconded by and, upon being put to a vote, Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Coumcilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. By: CITY OF SEBASTIAN, FLORIDA Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles I. Nash City Attorney I City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREES FIRST CHURCH OF THE NAZARENE Al~t~roved For Submittal.~': r?/o, ¢ LP . /7 y Manager Agenda Number: Dept. Origin: Communi~.i Development ,~ Date Submitted: 11/10/93 For Agenda Of: 11/17/93 Exhibits: Tree removal application and survey. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SU~LARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, First Church of the Nazarene is requesting removal of three specimen trees located at 50 S. Wimbrow Drive (Tract F, Block 490, Sebastian Highlands Unit 15). Two of the pine trees are located in the parking area and the other is located in the overflow parking area. RECOMMENDED ACTION Move to approve the removal of three pine trees located at Tract F, Block 490, Sebastian Highlands Unit 15. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES STREET ADDRESS: LOT NO.: ~W. SUBDIVISION: CONTRACTOR: ADDRESS~ PHONE: SUB-CONTRACTORI ZIP: ADDRESS: ZIP: PHONE: PHONE NO.: I certify,that all the foregoing information is accurate and that all work will be done in ~ompliance with the Land~ Development Code ( Article XIV · , .. Signature APPLICATION MUST INCLUDE: 1. On a survey, locate all specimen trees (20 inl diameter, or more). Indicate which trees to be .removed and/or relocated. Indicate the species of each tree. All specimen trees (20 inch diameter or more)..to be removed or relocated must obtain the approval of the Sebastian City council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. 2. Appli~ ~ust tag all specimen trees with a bright ribbon around the tree approximately 6 £eet above the grade. Office Use Only SITE INSPECTION BY DATE: APPROVED FOR PERMI~' lES: NO: .W-~--a./ / - NO: ,=~- MUST OBTAIN CITY COUNCIL APPROVAL: YES:~ IF YES, DATE OF CITY COUNCIL APPROVAL: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 NOTICE LOT .... , BLOCK , UNIT% Your project may be within habitat utilized by. the Tlorida Scrub Jay. a bird on the federal threatened species list. Therefore, the City of Sebastian recommends that before initiating any development activity, 'including land clearing, you contact the United States'Fish' and Wildlife Service (USFWS) at (904)-232-2580 for required consultation under the Endangered Species Act. According to the USFWS, this consultation must occur because of the requirements of the Endangered Species Act (16 U.S.C. 1531-1543) regarding the responsibilities in protecting endangered and threatened .species. The Endangered Species Act and implementing regulations found in 50 CFR Part 17, prohibit the "take" of any endangered or threatened species without Federal authorization. Take is defined to include, among other activities, the harassment or harming of wildlife and plants regulated under ~he law. FUrther, any activity or omission, including disruption or modification of habitat occupied by a threatened or endangered species, which significantly alters the behavior or 'creates the likelihood of injury or death, may constitute a violation of the Endangered Species Act. "Activity" in this context can .include, according to the USFWS, actions of local governments. The City of Sebastian has no authority to issue the permits required by the Endangered Species Act with regard to Scrub Jays. The City of Sebastian's approval of your project should therefore not be construed to authorize actions that may violate the Endangered Species Act. Acknowledgement Bruce Cooper Director of Communi~_ Development Attachment to Landcle'aring Permit scrubjay, wp ~' .~..0// 0 0 l - 0 / \ \ 0I 0 © 0//' ,OO'OKZ -~ 09 O' ./ City of Sebastian 1225 MAiN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 i AGENDA FORM SUBJECT: Sebastian Area Civic Association Yacht Club Fee Waiver Donations to Worthy Causes APPROVED FOR SUBMITTAL BY: City Manager: ~. 0[~ -/ Dept. Origin ~ Clerk~7 Date Submitted 11/11/93 For Agenda Of Exhibits: * Application * Phelan Letter dated 11/10/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: Florence Phelan, on behalf of the Sebastian Area Civic Association, has requested a rental fee waiver for use of the Yacht Club on Thursday, December 9, 1993 from 8:00 a.m. to noon. The Sebastian Area Civic Association has been given free use of the Yacht Club on an annual basis by City Council to enable them to distribute donation checks to worthy causes. RECO .5~N[ENDED ACT]ON Move to approve the request of the Sebastian Area Civic Association to waive the rental fee for use of the Yacht Club on Thursday, December 9, 1993. , I ReKa.L Fee. paid on (date) ~ t~e mmmt of (~ce). ~ ~ / ~. ~ ?i~ gate ~ ~e~m Oate paid oa~_.~...~~ (dace) /a ~e ~mmmt of in the '!date) pemittn's o~ age Seto©stion XIr¢o Oiv c ,4ssoo,, Ino, SEBASTIAN. F LO R I DA 32958 November 10, 1993 Sebastian City Council Sebastian, Fi 32958 Dear Council Members: The Sebastian Area Civic Association would like to use the Sebastian Yacht Club Hall on Thursday, December 9, 1993 for the morning hours until 12:00 N. Also, we would appreciate it if you would forego the nominal charge for its use. It is our plan to distribute donation checks to worthy causes which has been one of our annual affairs for quite a number of years. We will appreciate your approval. 794 Schumann Dr. Sebastian, FI. 32958 Tel: 589-2222 Very truly yours, Florence L. Phelan City Liaison Officer City of Sebastian .AGENDA FORM SUBJECT. ) Ager Tennis - Racquetball Court ) Complex - Tract D ) Dep~ ) Da~e ~ROVED FOR S~MITT~ BY: ) Fo~ City Manager: ~ . ,'~ ) E~,i EXPENDIT~E ~O~T REQUIRED: B~G~ED: George 8chum and Eay Rogers visited my c suBse~ent ~o a meetin~ with Indian Rive Director, ~im Davis, inquirin~ about a c prepared early this year for a proposed Barber/Acorn/Adams. ~. Schum and ~s. Roger~ s~ated that 3i of the oonceptual site plan, however, wa received the site plan or what course of my office staff oontaeted Mr. m~m~or of informed that he had never received su99e~ted esgimage. SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 D FAX (407) 589-5570 Agenda No. Dept. Origin Submitted For Agenda Of Exhibits: * Excerpt of 3/3/93 Minutes * Transmittal dated 2/25/93 * FL DNR "Outdoor Recreation" 1989 Petition City Clerk APPROPRIATION REQUIRED: visited my office last week, Indian River County Public Works conceptual site plan for a proposed tennis court complex at stated that Jim Davis was in possession was not certain how he had action was intended. A Davis today and was a formal request and that any request for funding should come with a cost For the information of those of you who were not on Council at that time, the City Council at its March 3, 1993 workshop, concurred with the concept of locating a tennis court/racquetball complex at that site in two phases and pursuing funding from Indian River County. With the concurrence of City Council, the former City Manager said staff would proceed. City Engineer, Dan Eckis, received no further direction subsequent to that meeting, and it seems apparent that Indian River County did not fund monies for that project. I informed Mr. Schum and Mrs. Rogers that I would bring this item back to you for further direction. RECOMMENDED ACTION Review the matter and redirect staff accordingly. City Council Workshop March 3, 1993 Page Five City Council directed staff to take this item to Planning and Zoning. 93.085/ 92.024 Sebastian Lakes (Laconia Street) Report - Set Public Hearing for 3/24/93 to Terminate the Conceptual Development Plan and Initiate Rezoning (Staff Recommendation dated 2/25/93) The Director of Community Development said he has a meeting on Friday with Sebastian Lakes representatives, however, recommended that City Council proceed to set a public hearing on March 24, 1993 to consider termination of the conceptual development plan. City Council concurred. (Sebastian Lakes Letter attached) 93.089/ G. 93.013 Tennis Court Complex Report (City Manager Recommendation dated 2/2~/93, Conceptual Plan Under Separate Cover) Tom Bounds, 414 Layport Drive, Sebastian, addressed City Council. TAPE II - SIDE II (9:37 p.m.) Tom Bounds continued. The City Manager noted that this is not a project that can be undertaken this year, however, he requested input on the conceptual plan and proposed sites. Discussion took place on making this a two-phase project starting in fiscal '94, and looking to Indian River County for funding. City Council concurred with the concept and the City Manager said staff will proceed. 93.086/ 87.146 Side Lot Drainage Report (Staff Recommendation dated 2/25/93, City Engineer Memo dated 2/24/93, IRC Bid, Agenda Cover Sheet dated 7/3/91, City Engineer Memo dated 7/3/91) Mayor Powell was excused from 9:50 p.m. to 9:52 p.m. City of Sebastian I POST OFFICE BOX 780127 ~ FLORIDA 32978 ISEBASTIAN, . TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 ~ 0/~ Courts ) . . ) Dept. of Origin: Czty Manager (RSM) Approved for Suhmxttal By= ) ) Date Submitted 02/25/93 /./~/'-~ )Yor Agenda of 03/03/93 city Manager ....) . )_Exhibits. ) Conceptual Site Plan Dated, 2/19/93 ~)- FL D1TR "Outdoor Recreation,, 1989 ) page 100 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: __l Complex, location and construction of basketball courts, and the development of tennis and racquetball courts. At t~ February 3, 1993 gorkshop ~eeting, the C~ty Council reviewed sxte plans for the 7.3 acre extension to the Barber Street. Sports Complex. Generally, the consensus of the City Councxl at these two meetxngs was: 1. The 7.3 acre extension of the Barber Street Sports Complex would include basketball courts and shuffleboard in addition to the soccer/football multipurpose fields.. 2. Basketball courts may be an appropriate neighborhood activity. 3. Tennis courts should be constructed at one complex. We have recently drawn a conceptual site plan for a tennis - racquetball courts complex for park tract "D" located at Barber Street and surrounded by Acorn and Adams. This 3.81 acre tract is identified in the City's Comprehensive Plan as a future neighborhood park or special facility. This site is ideally suited for this type of complex because of its location on a major collector. The population guidelines as reported in "Outdoor Recreation of Florida" 1989, page 100, recommends one (1) tennis court per 2,000 population. Another potential site for additional tennis courts and racquetball would be the current Schumann Park which is the location of two (2) existing tennis courts. However, the residential area around this park is nearly built out and I am not sure that a change in use would be well received by the neighborhood. Further, this park if not developed into additional tennis facilities, would continue to be used as a football and soccer practice area as well as a neighborhood park. R~COM~ENDEDA~TION Review the proposed conceptual site plan for a tennis - racquetball complex. POPULATION GUIDELZNE5 FOR USE~-OR~ENTED OUTDOOR RECREATION ACTIVITIES OopuIit~on Golf Base~ell/~oftD&ll FOOtD&ll/soccer Hand~ell/raCQuetD&11 Be~ketb&11 $~i~ing (pool) S~uffleDoarO ~olleyBall in an urban ~etting) VolleyDe11 Gener&l play 9-nolo 9olf ¢our&e E.OOO 50,OOO 25.000 1B-bole 9elf course 25.D00 65.200 SO.DO0 Te~nts Court 1.067 lO.DOD 2.0DO Bese~all/eoftoall 2.000 lO.OOO 5,OOO f~ei~ FootD&ll/~occer 4.000 25.0D0 6,DDO Hand,alt/racquetball 2.SDO 2D.ODO lO.DDO court Basketball court 500 lO.DO0 5,O0O Swimming pool~ 1,0DO SO.DO0 25,0D0 ShuffiePo&rO court 1,0DO 12,000 3,60D VolleyS&Il court 4,000 12.0D0 6.DDO Exerctse/percours lO.D00 SO.DO0 15.000 tra~1 Volleyball Court 4,ODD 12.000 MultipurpOSe riel0 500 10,000 ~.750 Multipurpose COUrt ~.000 4.000 3.500 Park lands that conserve open space and provide outdoor recreation opportunities can be classified into six types, dependent primarily on the size of their service area: equipped play areas and tot lots, neighborhood parks, community parks, urban open space, urban-district parks, and regional parks. Beach access and parking facilities technically do not by themselves satisfy outdoor recreation needs, and are not usually classified as special-use or parkland areas. Yet, their acquisition and development is crucial for use of publicly-owned beach frontage for which public access is limited or otherwise nonexistent. Consequently, a site guideline is included for this special type of support facility. ]00 m I I I i I I I I I I WILDLIFE PROTECTION PETITION THIS PETITION WILL SERVIE TD HALT AND DESIST WITH ANY AND ALL CLEARING AND REMOVAL O]~ EXISTING NATURAL H~ITAT LDP.~TEI) AT; KND~'. AS ~,ACT D DR A~ 0T~ ACTI~ WHICH WOULD WILL MA~ ~IS PAR~L DE~LATE TO WiLDLI~. WE ll4E PEOPLE WOULD INSIST THE PRESENT '6'REENBELT" PROTECTION, (A C~'RTIFIED COPY IS DN FILE AT INDIAN RIVER CDLIR~) BE HONORED. WE THE PEOPLE WDULD ALSO R_~-~ST THE ABOU~ PARCEL RENAIN '~NBEL'rt~" FOR FISrURE WILDLI~'IE, (TO INCLUDE S~'R~B 3AY) ~D~VATI~. NAME ADDRESS ....... / r'Yy~ IS P~I )O ILL ~ TO OF EXISTING NA~AL HABITAT LD~A~ AT, m PAR~L LDCA~ IN T~ ~ DF BARB~ S~E~, ACORN ~RA~ AND ADAMS STRE~ m ~o~ AS TRACT D - m oR ANY O~R A~IDN WHI~ W~LD WILL MA~ ~IS PAR~L DE~LA~ TD WiLDLI~. ~ T~ PEOPLE WOULD I~IST ~ ~ PEmLE .~LD AL~ .ILDLI~, (~ INCL~E NA~ AD~ m m ~ I I I m~ I I I I i I I I WILDLIFE PROTECTIDN PETITION 4/25/~5 THiS PETITIDN WILL SERVE TO HALT AND DESIgT WITH ANY AND ALL CLEARING AND R~DVAL OF EXISTING NATURAL HAI~ITAT LOCATED PARCEL LOI~ATEZ) IN THE CENTER DF ~P~E~ STREET~ ACORN TERRAL'~ AND ADAMS STREET KNOWN AS TRACT D DR ANY OTHER ACTION WHICH WDULD WILL FLAKE THIS PAR~L DEDDLATE TO WILDLIFE. WE THE PEDPLE WDULI) INSIST THE PFLI~SENT "GREENBELT' PRDTECTIDN, (A CERTIFIED COPY IS ON FILE AT INDIAN RZVER I~3LIRTI~) BE HDNDRE~. WE ~ PEDPLE WOULI) &Lb"O RElaUE~ 'THE ABDVE PA~:~:EL REMAIN "BRE'ENt)ELTED" Pl]R FUTUR£ WILDLiC'E~ (.'TO IN~LLq)_~ b~Ul~ )qV) L'q"Jk~_.VAT!ON. ADDRESS WILDL~F1E PRD'TE%'TIDN PETZ'T~ON THIS PETITZDN WILL SERUE TO HAL.T AN~ DESIST WITH ANY AN~ ALL CLEARING AND REl~ OF EXIS.TING NATURAL HABITAl LD~AT~D AT; m PARCEL LOC~qTED IN THE CENTER DF ~PJ)~R STREE'F, ACORN TERRACE AND ADAMS STR~ m OR ANY OTHER ACTION WHICH WOULD WILL MAKE THIS PARCEL DESOLATE TD WILDLIFt-'*. WE THE PEOPLE #DULD INSIST THE PRESENT 'BREENBELT" PROTECTION, CA L"ERTIFIED ~ IS ON FILE AT INDIAN RI~ER ~DURTI'IOUSE) BE HDI~DRED. m WE THE PEDPLE WDULD ALSO REDUE~T THE ABDVE PARCEL RE~AIN 'BREEN~ELTED' FDR Fu'ruPi~ WILDLZFE~ (TD INCLUDE 6'~RUB JAY) ~Dt~3ERYATI~N. m m ~ ROTEcTI DN PETITIDN m m OF EXISTING NATl~AL HABITAT Ll~l~ AT, WqE TI~ PEOPLE W~LD I~ZST m IS ~ FILE AT I~IAN RI~ ~~) ~E m WILDLi--,(TO INCL~E .~.Y) ~VATI.. ~ I .- ~~ . m - . WILDLIFE PRDTE~TIDN PETITIDN THIS PETITION WILL SERVE TDI-I~LT AN~ DESIST WITH ANYANDALL CLEARING AND REMDVAL DF EXISTING NATURAL HABITAT LDDR'T~ AT; PARCEL LDEATE]) IN TIlE CENTER DF I~BER STRE~'T,~ ADORN TERRADE AND ADAMS STREET OR ANY OTHER ACTION WHIEH WOULD WILL MAKE THIS PARCEL DESOLATE TD WILgLIFE. k~ THE PEDPLE WOULD INSIST TI-IEPP~ 'GREENBELT' PROTECTiON~(A CERTIFIF_D ~'DPY IS ON FILE AT INDIAN RIVER WE 1TIE PEOPLE WDUL1) ~L~'13 REQUEST THE ABOVE PARCEL I~IN '"BREEI~LT~' FDR FDTI. IRE WILDLIFE, (TD INDLLI~E SCRUB ~AY) ~'DNSERVATION. '/ I i i WILDLIFE PROTECTION PETITIB~ I .. 4 THIS P~TITIDN WILL SERVE T0 ~LT ~ ~ESIST WITH ANY ~ ALL ~LEARIN~ AND I DF EXISTI~ NA~AL HABITAT LO~A~ I ~ OR A~ OT~ A~TION WHI~ ~LD ~I'LL MAKE ~IS PAR~L DE~LATE TO ~ILDLI~. ~ ~ PE~LE ~ULD INSI~ ~ P~ "~ELT' PRO~I~, (A ~TIFi~ m Is ~ FILE AT I~I~ RI~ ~~) ~ ~. m WILDLI~, (~ I~L~E ~ ~AY) ~VATI~. AD~ , I~ ~,- ,~ , ........ . ' .......~ ' _ ~ - . - ~ ....... ,. I I m WIL~LIF"E: PRDTL~TIDN PETITIDN _ JHIS P~IT2~ WILL ~ TO ~LT A~ DESI~ WI~ A~ A~ ALL CLEARING AN0 R~OVAL m DF EXISTING NA~AL ~BITAT LDCA~ AT, m. PARCEL LDCA~ IN TE C~ ~ DAR~ S~, A~ ~RA~ A~ ADAMS S~ m DR A~ 0~ A~IDN WHI~ W~LD WILL ~ ~IS P~L D~LA~ .T0 WILDLI~. ~ ~ P~PLE ~LD INSIST ~ P~ '~LT' PRD~CTIDN, (A ~TIFI~ ~PY m IS ~ FILE AT I~I~ RI~ ~~) E ~. m E ~ P~LE W~LD AL~ REO~ ~ A~ PAR~L ~AIN "~~L~" P~ ~ m WILDLI~, (TD I~L~E ~ ]AY) ~VATI~. m N~ __ ADDRE~ -- m ~~ ~ ........ ~ ~mm__ ~~/ ~ ~ ~ ~ ~ ~ This lette? will confirm, the neighbors of Tract D, do ;ntend to a~d~ess, the Counci! or, Ma), 12, So, the ~ty Counc:] has. the right to Oevelo~ or not tv Oeve]op tract d--lan~ owned Dy the Cit), of Sebastian--land where we are a ~es:dents, registered voters, and taw payers. Elected officials are suppose to be the voice of the peo~le, not to the people. Once again, we. are sayin~ NO to the "conceptual tenn:s comp]ex" at tra~t D. We ~ave !~sted below, the ~ormat an~ suO~ect matter to De discusseo for ),our review. We hope this a~vanced packet, will serve, to better familiarize you with our rationale concerns. According to The City of SeOastian Comprehensive Plan books; 1. Inventory of Recreation and Open Space (page ?-8) Table VII-2 Acorn Park (Tract D) is listed as "Future" NeighOorhood Park/Special facility. Activities would be provided in Passive NATU~A[ Open Space. Table VIII-5 Level of Service Standards for Recreation Sites describes facilities for sites. Keeping in mind Neighborhood Park are Oescribed as Passive/Natural Open Space. WE could have a picnic area, open f~ee play area walking/jogging trail or lanOscaping. Nothing else on the list is Passive Natural Open Space. (Community Parks mre specifically defined to include Tennis Courts not Neighborhood Pa~ks). Datm inventory and Analysis (page ?-15) sets Standards of Tennis Courts. As a special facility, tennis courts needs are 1 court/~O00. Current census shows 10,000 people in Sebastian thus needed would be 2.5 courts/10,000. Goals Objectives and Policy (page 7-6) Policy 7-1.5.1 discuss Joint School- Park Concept. Why no build courts at Sebastian Elementary School. Tract F is available and is not in an existing residential neighborhood. Other suggested sites would be; Tract N-Schumman Park Mr.Votapka pointed out at the Home Owners Association it was less costly to buy GCU's wmter plant than to build a new one. This same logic can be applied to tennis courts. ~s~-~-T~..~Sa) Bryant Ct/Nebraska~-~ems to wh~-~ight be more ~lex. One side o~ this tract Goals O0~ectives mhd Policy (page) 7-4 Policy 7-1.1.6 requires adequate landscaping and screening to protect stability of established residential area and enhance community appearance. The neighbors here want a natural park to wal~ or ~og to enhance community appearance. Not a tennis court they would not use. We live here and this would disrupt our qoality of life and not our ideal of enhanced appearance. Remember beauty is ~n the eyes o~ the beholOer an~ we woulO have to go to bed and wake up to cement and light every day! Questions: Why put ~ cDmplex in a neighborhood where Zt is net wanted? How many of the tennis players want the cou~ts at Ba~be~ Complex~ (Keep in min~ our democratic system> How man}' players a~e resi0ent~ of Sebastian? Are the t~x payers, paying for Brevar0 County ResiOen~s to pl~y tennlsO Will City of Sebastian be responsible ~or auto accidents relate0 to the entrance and exit of this facility? If the market value of our homes ~ep~eciates from the Tennis Complex ~il! the City reimburse us? if this tennis ~omplex goes in ~ould you like to rent a house? ~ee, it starting tm sound like Schumman area, huh? Would a good neighbor continue ~ith plans knowing the other neighbor strongly opposed their plans? Sincerely, Concerned ~esidents o~ "Tract D" Mayor Lonnie Powell SeOastian City Hall 1225 Maim Street Sebastian, Fi 52958 Dear Mayor Powell: As Sebastian residents, let it be known, we strongly object to the proposed tennis complex at "tract P". Area home owners bought homes in good faith being told the above parcel of land was "G~eenbelted", to remain as parkiike setting. We read a restricted covenant provision, which came with the Oeeds of our property. Each of us moved to Sebastian and choose the lots ~e did, for the beauty, natural habitat and wildlife. Each of us envisioned, this tract of land would stay naturml for a wildlife habitat or a passive park to walk and enjoy nature. Never, did we think the City of Sebastian would deface this property to put cement, bright lights, not to mention the noise in our beautiful area. An area filled with quite, mostly retired residents. Understand, we are not opposing a tennis complex placed in an appropriate location. We just don't feel "tract D" is the appropriate place. Have you seen the Schumann Park tennis and racquetball courts lately? They are ran down, unkept and definitely in need of a fresh look. Why not expand this area? I understand from the ideal police this area also attracts a certain undesirable element, which they constantly hmve to contend with! No Thank You!!! I like tennis, but why not put this proposed tennis at the Barber Street Sport Complex where it belongs! Why Oesignate an area, as Sport Complex and not put Sports there. A parcel of land was acquired though GDC across from the Creative Playground, which would be ideal for tennis courts. Parent could play Tennis while their children played nearby. I would have to question the wisdom of putting anything on "tract D" which would cremte a high volume of traffic. The road has a very sharp curve which would be very dangerous and hmzmrdous. As elected officials, we asks you to p~otect the resident of "tract D". Any person who would iixe to Oo Ousiness ~rom ~heir ici, mus~ apply form mermit from the Git>.' of Sebastimn and obtain permission ~rom their neighoors. We ask I the City on the same, as th~s p~operty is. puOl~c and we our your neighbors. We wmnt a say in what directly m~ects our neiohOo~hood, our way of life and the value oS our p~operty. We Sa>' NO to m the proposed tennis complex mt "tramt ~ D"and hmve m petition to p~ove it! We have been told the next City Council agenda does not contain any discussion on this parcel of land or the proposed tennis. When this matter is placed on City Council agenda, we woulO request notification. Since~ely,~ The Residents Jan Beach Thim Beach Andy Cortez Ava Cortez B~enda Davidson Bill Davidson Warren Dee Lena Perone Ralph Perone Janet Truex Dennis True~ Pat Smith Te~y Smith Petition Attached City of Sebastian 1225 MAIN STREET ~3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUBJECT: ordinance No. O-93-19 Water and Wastewater Utility Rate Ordinance APPROVED FOR SUBMITTAL BY: City Manager: Agenda No. Dept. Origin Date Submitted ~. 2~3 For Agenda Of ~ Exhibits: Cloud Letters dated 11/11/93 and 11/12/93 0-93-19 R-93-19 for Review EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATIOi REQUIRED: ,I I I I I I I I I In conjunction with the Bond Resolution and City of Sebastian Code of Ordinances, City Attorney Charles Nash has determined that an ordinance is required to implement revisions to the impact fees as determined in the Rate Study completed by Hartman and Associates. Ordinance No. 0-93-19 will provide for the enabling legislation to adopt the impact fees and rates as provided in Resolution No. R-93-59 It is recommended that the City Council approve Ordinance No. 0-93-19 on first reading and set a public hearing for the December 1, 1993 Special Meeting, as called by Mayor Powell today. A public hearing on Resolution No. R-93-59, adopting rates, originally advertised for November 17, 1993, will also be scheduled for the Special Meeting, subsequent to the hearing on ordinance No. O-93-19. Ordinance No. I 0-93-19 be adopted by City Council on December 1, 1993, public hearing and adoption of Resolution No. R-93-59 can take place. Per the City Attorney, bond counsel concurs wi=h the December 1, 1993 date. Move to approve Ordinance No. 0-93-19 on first reading and schedule the public hearing for the December 1, 1993 SPecial Meeting. 2 I i i i I I I I I I i i I I I I i .JAMr$ Ir. ~,AG~-, wi LLIAI~ A. T~OMA~ A. CLOUD LEO P, ~OCK, G* ROBERT~ON DILG CHARLES W. GLASS BANK BUILDING FAX {407) BuIYr 0~o, ~ 0~8o~*~o68 FAX (407~ WRITrI~'S DIRrCT DIAL Orlando November 11, 1993 Via O~..$ Overniaht ~livezry Charles lan Nash, Esquire FRESE, NASH & TORPY, P.A. 930 $. Harbor City Boulevard, Suite 505 Melbourne, Florida 32901 Re: 'Setmstia~ R~te Ordinance a.ud Resolution Dear Charles: THOM&5 C, r--HAW ALAN R, BUTT£RWORT~ ~AUL S. OUINN, DAVID L. SCHICK LO~l R. ~ONN ~. LI~A J. FRANK Mi~HA~g K, WILSON ~ATH ~RIN ~ ~. Pursuant to your request this morning Thursday, November 11, 1993, at 8:30 a.m., I have redrafted the rough draft of the Rate Resolution I received today. As I am sure you recognized, the draft document had several major legal flaws in it, including providing for the adoption of impact fees by resolution, and providing no "ear marking" language for the impact fees. I have also found a small glitch in Ordinance No. 0-92-15. In preparing these documents, I have reviewed the rate study preparedbyHartman &Associates, and had conversations today with Rick Torpy, Hal Schmidt, and Rob Ori. in order to give City Council maximum flexibility, while complying with Florida local government and utility laws, i have prepared an overall rate ordinance which forms the framework for future rate modifications in Sebastian. This ordinance is based on that adopted by a.number of cities in Florida (including Sanibel, Lake Mary, and North Port). The numbers have been modified to reflect the numbers supplied for the City of Sebastian. To the greatest extent possible, I tried to break-out the "miscellaneous service charges" into separate clauses for ease of reference. There was simply not enough time to create clauses for the other miscellaneous service charges; they are adopted as per the Exhibit "D" schedule as an insert in Section 13 of the Ordinance. Ail of these charges are subject to the annual rate indexing adjustment. I~iI~$C~ElVB~UM & PEEPLE$' Charles Ian Nash, Esquire November 11, 1993 Page 2 The section dealing with impact fees complies with all applicable Florida laws. I have provided a deferential impact fee for those retail customers whose wastewater is treated in the Indian River County system, as per instructions from Rob 0ri. Again, the annual rate indexing adjustment has been provided per the document I received from Hartman & Associates. Finally, I have provided in Sections 13 and 14 of the Ordinance that the monthly service charges ~ay be adopted and modified by resolution. This corrects the small glitch that was in Ordinance No. 0-92-15. This will enable the City =o adopt and modify the rates pursuant to resolution wi=hour having =o go back in and change the ordinance. If you or anyone else at the City have any questions regarding the Rate Ordinance or Rate Resolution, please do not hesitate to call on me. I appreciate the opportunity to be of service to the City and you. Enclosures cc: Ms. Susan Maio Mr. Hal Schmidt Sincerely yours, N0V-12-93 FRI 11:57 GRAY H~J~]S ROBINSON PA F~ NO, .407 244 5690 ATTORNEYS AT' LAW 6urT~' IIOO Iir~l ~ST PiNE irTRe'IET TJ:iJCI~,IONI' (407) e43L. illO WI~ITtl*E DIDi:C:? DIAL P'Lea, l£ N~I~L'r '/'CT. P, 02 ~UL E, QUIll. ~OR1 N. I~NTOk LISA ~, ~ANK Orlando November 12, 1993 ¥ia~T_AX Transmittal - 407/951-374'] Charles Ian Nash, Esquire PRESE, NA~H & TOR~Y, P.A. 930 S. Harbor City Boulevard, Suite 505 Melbourne, Florida 32901 Re; Substitute Pages for Ra~e Ordinance De~r Charle~= Because of the la~e hour when w~ were able %o complete ~he ra=e documents, I was no~ available ~o do =he final proofing on ~he documents. In reviewing this early this morning, I caught a few glitches. Enclosed are substitute pages to be inserted in ~he Ra~e Ordinance. We wall be sending by U.S. Mail =he clean copies of the substi=u~e pages to both you and Sally Malo at the City. I also spoke to Rich Votapka this morning regarding the ra~e documen~. He was concerned =ha= because of their length, there may need to be some level of explanation ~o the C£~y Council. I would be happy to el=her make a brief oral presentation or prepare a brie~ written summary o~ the documents if you thought ~ha~ would help. i will leave that up to you. NOV-12-93 FR] ]1:57 G~Y H~RRIS ROBINSON PA F~ NO, 407.244 5690 P.;03 I Charle~ Ian Nash, Esquire J Nov~er 12, 1993 Page 2 ~ If you or an~ne else a= the City have ~ ~estions ~ regarding ~he rate doc~ents, ~o not hesl:ate :o call on me. Sincerely ~s, ~ Thaas A. Cloud, Empire) G~Y, ~IS, ROBINSO~ ~ KI~C~~ & PEEP~ P.A. Encloses ' CC: Ms. Sally Eaio (via FAX Transmission) Mr. Hal $chmidt Kr. Rob Ori Mr. Rich Vo~apka NOV-12-B3 FRI 1]:58 GP Y tt/ RRI$ ROBINSON NO, 407 244 5890 P. 04 ORDINANCE NO. 0-93- AN ORDINANCE OF THE CITX OF SEBASTIAN, INDIAN RIVER CODNTX, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAn, BY ADDING A NEW CHAPTER TO BE ~NTITLED PROVIDI~G A TITLE ~ MAKING CE FjT/~TN LEGiSLATiVE DETERMINATIONS ~ PROVIDING DEFINITIONS ~ PROVIDING GERERAL TERMS AND CONDITIONS RF&Tw~D I~G UTILITT ~ERVIC~, ESTABLISHING METER TESTING CHARGES, CUSTOMER DEPOSIT CHARGES, CONHECTION CHARGES, AND WATER AND WASTB~ATER CAPi~ CHARGES ~ ESTABLIS~ENT OF THE WATER .AND CHARGES; PROVIDING MISCELLANEOUS SEKVICE CHARGES~ THE ~STABLIS~MENT OF ~ AND WASTEWATER RATB SCHEDULES; TERM~ OF PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, DISTrIBUtION AND TRANSMISSION COSTS; PROVIDING FOR ENFORCEMENT A~D PENALTIES FOR VIOLATION OF THIS ORDII~ANCE; PROVIDING FOR LIBERAL CONSTRUCTION; ~ROVIDING FOR SEVERABTr. ITY; ~ROVIDING FOR COHFLICTS; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIV~R COUNTY, FLORIDA= I~~. TITLE. The Code of the City of Sebastian is hereby amended by adding thereto a new Chapter which may be cited as the 'Water and Wastewater Utility Rate Ordinance," or the "Rate Ordinance." SECTION 2. ~!7NCIL FINDINGS. In adopting this Ordinance and I the rates, fees and charges incorporated herein, the City Council i of the City of Sebastian hereby makes and expresses the following . findings, purposes and intent. i (1) Pursuant to Section 102-4 of the City Code of the City of Sebastian, and Ordinance No. 0-92-15, the City Council I shall have the duty, right, power and authority to establish, adopt and amend from time to time by resolution a water system rate schedule which shall apply to each customer of the City's Water System. (2) Pursuant to section 102-4 of City Code of the City of Sebastian, and Ordinance No. 0-92-15, the City Council shall have the duty, right, power and authority to establish, adopt and amend from time to time by resolution a wastewater system rate schedule which shall apply to each customer of the City's Wastewater System. (3) Pursuant to Section 180.13, Florida Statutes, the City Council ~ay establish just and equitable rates or charges to be paid to the City of Sebastian for the use of the utility by each person, firm or corporation whose premises is served. (4) The rates established herein provide funding for water and sewer utility services which promote the health, safety, and general welfare of its customers and is, therefore, beneficial to the ratepayers of the Water and Wastewater System. (5) The City of Sebastian is in the process of issuing certain revenue bonds to, among other things, purchase a water and wastewater system from General Development Utilities ("GDU"). (6) In order to provide payment for the revenue bonds, the City must enact certain covenants certain rates, fees, and charges and meet as required by the Bond Resolution which authorized the issuance of such Bonds. in order charges. The City's engineers have performed certain studies alculate just, fair, and equitable rates, fees, and 2 (8) The City is authorized to adopt water and wastewater rates, fees, and charges pursuant to Chap=ers 166 and 180, Florida Statutes. (9) The City has provided the required public notice and . held the necessary public,hearing(s) in order to adopt said water and wastewater rates, fees, and charges. (10) The findings, conclusions, testimony, and results of the public briefing document, studies, and comments of the City's consultants and engineers are hereby incorporated into these findings and this Ordinance. (11) it is the policy and object of the City Council to ensure that rates, fees, and charges levied to pay for the cost of the Acquisition, additions, and expansions are just and reasonable and cover the true cost of said acquisitions, additions, and expansions. (12) It is just and reasonable that the cost of the System should be borne by those existing and new users on a fair share basis in accordance with applicable law. SECTION 3. DEFI~.ITIONS. When used in this Rate Ordinance, the following terms shall be defined to mean: (1) "Applicant" means'the owner of real property or the person or legal entity which has the legal right to utilize real property by means of any form of ownership which real property the Applicant desires to be served by water service or wastewater service. The terms NApplicant,' 'Developer" and "Property Owner" are synonymous and may be used interchangeably herein. (2) 'Application" means a written request from an applicant specific water service and/or wastewater service be provided to and for certain real property. (3) "Biochemical oxygen demand" or "BOD" means the quantity of oxygen in the biochemical oxidation of the organic matter in wastewater under standard laboratory procedures in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter. The BOD shall be determined in accordance with procedures set forth in the Standard Methods for the Examination of Water and Wastewater. (4) "City" means the City of Sebastian, Indian River County, Florida, a municipal corporation of the State of Florida. (5) "Collection facilities" means the lines, pipes, and appurtenance equipment and all other related equipment of facility, of whatever type or nature, used to collect sewage from sewer facilities, buildings, structures or facilities and to transmit it to wastewater transmission facilities. requesting that, pursuant to a Utility Agreement, (6) "Council" means the City Council of the City of Sebastian, Florida. (7) "Cross connection" means any physical arrangement whereby a public water supply is connected directly or indirectly 4 with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or any other device, facility or system which contains or may contain contaminated water, sewage, waste material or other material or substance of unknown or potentially unsafe quality which may be capable or imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, changeable devices or other devices through which or because of which backflow could occur are deemed to constitute cross connections. (8) "Customer" means any person, firm or corPoration who has entered into an agreement to receive water or wastewater service from the City and who is liable for the payment of that water and wastewater service. (9) "Customer installations" means all water and wastewater facilities which ordinarily and customarily exist on the consumers' side of the point of delivery, such as, by way or example and not limitation, curb stops and lateral connections. (10) 'Distribution facilities" means the lines, pipes, meters, and appurtenant equipment and any other related equipment facility, or type or nature, used to distribute water or whatever from the utility to the customer for usage. (11) "Dwelling unit" means one or more rooms in a residential or commercial building which are used or intended for use as a living facility for no more than one family and generally 5 NDU-12-1993 12:5"3 k-R~M ~R~Y,,H~RRIS~RDBINSON TO 914~Y758955~ p,. o~ including provisions for living, sleeping, eating, cooking, and sanitation. A hotel or motel roo~ is not considered as a dwelling (12) 'Sasement' me~s ~ acquired legal right for the specific use of land owned by o~hers. I (13) 'Zffluent disposal facilities' means those wastewater facilities necessary to detain, transmit, store, and d~spose of wastewate= previousl~reated at trea~nt facilities. (14) '~ivalent residen~l ~' or 'EAU' me~e a ~actor used to conver~ a given averaqe daily flow.(ADF) to the equivalentnumber'of.residentialco~ections. Forth~'purposethe ADF of one (1) ~RU Ks deemed to be 200 gallons per day (GPD) for of wastewater service and 250 GTD for. water service. The number ~RUo ~ontained for a given ADF is initiallydeterminedhereunderby-- dividing that ADF by two hundred fifty GPD for wastewater or three hundred GPD for water. ERUs shall be calculated as & whole number- The rounding- of ERUs to whole numbers shall be calculated as follows: 0.5 and greater shall be rounded up to the next whole number and 0.49 and less shall be rounded down to the next whole number. (15) 'FDEP' means The Florida Department to Environmental Protection, or its successor agency. (16) 'Gallons per day' or "GPD" means gallon~ per day on ~n annual average basis. (17) "Hazardous waste" means any substance, waste, or product that is potentially damaging to environmental health becoming toxicity, ignitibility, corrosivity, chemical reactivity, radioactivity, infectious characteristics, or any other reason. (18) "Mains" refers to a pipe, conduit or other facilities installed to convey water service to individual service lines or to other mains, or in the case of sewer lines, to convey .sewer service from individual service lines to other mains. (19) "Master meter' means a single meter serving a multifamily residential or a multi-unit commercial facility. This term includes, but is not limited to, master meters serving condominiums, apartments, mobile home parks, hotels, motels, travel trailer parks, shopping centers, and office buildings. (20) "Meter" means a device used to measure water delivered to 'point of delivery" by the City. (21) "Point of delivery" means the designated point at which the applicant's property is connected to the water facilities or wastewater facilities. (22) "Private fire protection" means the existence of separate fire connections, standpipes with hose attachments and automatic fire sprinkler systems which serve a customer. (23) "Property" means the real property owned or controlled by an applicant for which water service capacity NOV-12-~3 ?RI 11:58 GRaY H~RI$ ROBINSON P~ FaX NO, 407 244 5690 ?, 05 alloca=ion, wastewater service capacity allocation, or both, is requested. (24) 'Reclaimed water' means water, treated wastewater or sewer effluent that has been appropriately treated and which, as a result of the treatment or wastes, is suitable and usable for direct beneficial uses or a controlled use by and for public agricultural, commercial, residential or industrial developments, projects or purposes including, but not limited to, zrrigation purposes in green areas of developments or o~her appropriate uses. (25) "Septic tank" means a $=bsurface impervious tank designed to temporarily return wastewater or similar waterborne wastes together with= (a) a sewer line constructed of slid pipe, with the Joints sealed, connecting the impervious tank with a plumbing stub out; and (b) a subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered. (26) "Service lines" means the pipes of the City which are connected from the mains to the "point of delivery." (27) "Service rates" or "Rates" means the City's applicable schedules of rates and charges for water and wastewater services, including, by way of illustration and not limitation, connection fees, meter set fees, and any and all other fees or charges which may be in effect from time-to-time adopted by the City. The schedules of service rates shall be of general and uniform application within the City-wide water and wastewater utility system... . Sewe or "wastewater" means a co ination any type of the wate~ carried wastes from residences, business buildings, institutions, industrial establishments, any and all other customers facilities, together with such ground, surface and storm waters as. ~ay be present, but does not mean or include hazardous or toxic wastes. (29) "System" means the City of Sebastian Water and Wastewater System. . (30) "Transmission ~ines" means those lines and appurte?ance facilities used to either transmit wastewater from the collection system to the Wastewater Treatment Plant or transn~.'t treated wastewater to a final effluent disposal s~te or transn=t water ~rom the. Water Treatment Plant to the d~stribution ~yst.em. Transmission lines.are generally six inches (6") or greater an size and serve or are ~ntended to serve more than one (1) parcel of property. . (311 "Utility agreement" means a written agreement between >h~ City and a Property Owner which establishes the terms ~t~Ofa~lj/~sj~f~uant to which the City will provide water and/or & (32) "Utility facilities", 'facilities' or "installations" means by' way of illustration and not limitation, all equipment, fixtures, pumps, lines, mains, manholes, lift stations, pumping stations, laterals, service connections, and any all appurtenances thereto together with all real property, easements and rights-of-way necessary to provide water and i wastewater service to proper~y whether located on-site or off-site. (33) "Wastewater capital charge' means a fee or charge paid to the City by an applicant for the purpose of obtaining wastewater service capacity. Capital charges are utilized for the acquisition, improvements, expansion and construction of facilities deemed necessary bythe City to furnish wastewater service capacity and related service to the property and to adequately fund capital improvements in the System. The term specifically does not include the costs of collection facilities ! ! as defined previously or i customer installations the costs for which shall be fully borne by the applicant. (34) "Wastewater service capacity' means the rate of wastewater flow on an average daily basis measured in gallons per day, which can be treated and disposed of according to a wastewater facilities design. (35) "Water capital charge" means a fee or charge paid to the City by an applicant for the purpose of obtaining water service capacity. Capital charges are utilized for the acquisition, 10 improvement, expansion and construction of facilities deemed necessary by the City to furnish water service capacity and related services to property and to adequately fund capital improvements in and for the System. The term specifically does not include distribution facilities or customer installations, the cost of which shall be fully borne by the applicant. (36) 'Water service capacity' means the amount of water which can be pumped, treated, transmitted and distributed, on an average daily basis, where such amount is measured in gallons per day and includes fire flows. SEC~. gENERAL .~MS AND CONQITIONS REGARDING WATER AND WASTEWATER $~RVICE. (1) ~i.qned App. lication ~Dquired. Water and wastewater service capacity may be furnished only after a signed application or agreement and payment of the applicable water and wastewater capital charges are accepted by the City. The conditions of such application or agreement are binding upon the customer as well as upon the City. A copy of the application or agreement for water _ and wastewater servzce accepted by the City will be furnished to the applicant on request. The applicant shall furnish to the City the correct n~me and street address or lot and block number at which water and wastewater service is to be rendered. (2) Withholdinq ~.ervice. The City may withhold or discontinue water and/or wastewater service rendered under 11 application :made by any member or agent of a household, organization, or business unless all prior indebtedness to the City of such household, organization, or business for water and wastewater service has been settled in full in accordance with City policy. Service may also be discontinued for any violation made by the customer of any rule or regulation set forth in this rate ordinance. (3) Limitation Of Use. Water and wastewater service purchased from the City shall be used by the customer only for the purposes specified in the application for water and wastewater service. (4) Continuit~ o~ Service. The City will at all times use reasonable diligence to provide continuous water and wastewater service and, having used reasonable diligence, shall not be liable to the customer for failure or interruption of continuous water and wastewater service. The City shall not be liable for any ac~ or omission caused directly or indirectly by strikes, labor trouble, accidents, litigation, breakdowns, shutdowns for emergency repairs or adjustments, acts of sabotage, enemies of the United States, Wars, United States, State, municipal or other governmental interferences, acts of God or other causes beyond its control. (5) T~De and Maintenance. The customer's pipes, apparatus and equipment shall be selected, installed, used and maintained in accordance with standard practice and shall conform 12 with the rules and regulations of the City. The City shall not be responsible for the maintenance and operation of the customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect'water or wastewater service provided by the City. The City reserves the right to discontinue or withhold water and wastewater service to such apparatus or device. (6) Chanqe Of Customer's Installation. No changes or increases in the customer's installation, which will materially affect the proper operation of the pipes, mains, or stations of the City, shall be made without written consent of the City. The customer's premises and customer shall be liable for any change resulting from a violation of this rule. (7) Protection Of CitY's PropertY. The customer shall exercise reasonable diligence to protect the City's property on the shall knowingly permit no one, but the City's agent or persons authorized by law, to have access to the City's pipes and appurtenances. In the event of any loss or damage to property of the City caused by or arising out of carelessness, neglect, or misuse by the customer, the cost of making good such loss or repairing such damage shall be paid by the customer. (8) Access To Premis. es. The duly authorized agents of the City shall have access at all reasonable hours to the premises 13 of the customer for the purpose of installing, m~intaining, inspecting, or removing the City's proper~y or the performance under or termination of the City's agreement with the customer and under such performance shall not be liable for trespass. (9) Billinc Periods. Bills for water service will be rendered monthly as stated in the rate schedule and shall become due when rendered and be considered as received by the customer when delivered or mailed to the water service address or some other place mutually agreed upon. Non-receipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof. (10) Delinauent ~£_lls. Bills are due when rendered and become delinquent if not paid within twenty (20) days after the bill has been mailed or presented to the customer for payment. Water and wastewater se=vice m~y then be discontinued only after a written notice has been mailed or presented within five (5) working days to the customer of the delinquency in payment. Water and wastewater service shall be restored only after the City has received payment for all past-due bills and reconnect charges from the customer. There shall be.no liability of any kind against the City for the discontinuance of water and wastewater se=vice to a customer for that customer's failure to pay the bills on time. Partial payment of a bill of the water and wastewater service 14 rendered will not be accepted by the City, except by the City's agreement thereof. (11) Payment Of Water An~...Wastewater Service Bills Concurrently. When both water and wastewater service are provided by the City, payment of any wastewater service bill rendered by the City to a customer shall not be accepted by the City without the simultaneous or concurrent payment of any water service bill rendered by the City. The City may discontinue both water service and wastewater service to the customer's premises for non-payment of the wastewater service bill or water service bill or if payment is not made concurrently. The City shall not reestablish of reconnect wastewater service and/or water service until such time as all wastewater and water service bills and all charges are paid. (12) ~ause. Any tax which may be levied upon the City's wastewater or water system shall not be incorporated into the rate for wastewater or water service but shall be shown as a separate item on the City's bills to its customers receiving such service. (13) Chance Of Occupancy. When a change of occupancy takes place on any premises supplied by the City with water and wastewater service, written notice thereof shall be given at the office of the City not less than three (3) days prior to the date of change by the outgoing customer. The outgoing customer shall be held responsible for all water and wastewater service rendered on 15 such premises until such written notice is so received by the City and the City has had reasonable time to discontinue the water and wastewater service. However, if such written notice has been received, the application of such a succeeding occupant for water and wastewater service will automatically terminate the prior account. The customer's deposit may be transferred from one service location to another, if both locations are supplied water and wastewater service by the City. The customer's deposit may not be transferred from one name to another. Notwithstanding the above, the City will accept telephone orders, for the convenience of its customers, to discontinue or transfer water and wastewater service from one service address to another and will use all reasonable diligence in the execution thereof. However, oral orders or advice shall not be deemed binding or be, considered formal notification to the City. (14) ~Rag~horized Connections. Connections to the City's water and wastewater system for any purpose whatsoever are made only by employees of the City. Any unauthorized connections to the customer's water or wastewater service shall be subject to immediate discontinuance without notice. Water and wastewater service shall not be 'restored until such unauthorized connections have been removed and until settlement is made in full to the City for all water and wastewater service estimated by the City to have been used by reason of such unauthorized connection. 16 (15) Ad~ust~Dt..0f Bills. When a customer has been overcharged or undercharged as a result of incorrect application or the rate schedule, incorrect reading of a water meter, or other similar reasons, the amount m~y be credited or billed to the customer in accordance with the policies of the City. SECTION 5. WATER METER INSTALLATION CHARGE. (1) Each applicant shall be charged for the meter, meter service box and for installation of the water meter as follows= Meter 5/8 x 3/4 inch 1 inch 1~ inch 2 inch 3 inch to 8 inch Service Fee $ 130.00 2O0.0O 500.00 630.00 Actual Cost plus overhead (minimum of $630.00) (2) Service charges for connections requiring installation of a meter greater than two inch (2") will be based on the actual cost of materials, labor, and overhead. A customer may elect to purchase his own meter if the required meter's size exceeds two inches (2"); provided, however, that such meter must be approved by the City prior to installation. (3) The above charges assume only the installation of the meter and does not include the costs associated the installation of a service and tapping into the water main. To the extent a service installation is required in order to provide the customer utility service, the cost of such installation, including the installation of the water meter will be based on the actual 17 cost of installation, regardless of meter size. In no event will such cost be less than the meter installation charges shown above. S CT_~. ~TER TESTING. Meter testing shall be done at the customer's request, and in accordance with the following guidelines and schedules: (1) Meter Test Request - if any customer requests a test of the water meter, ~he City will require a deposit to defray the cost of testing; such schedule of fees: deposit shall not exceed the following Servioe Deposit 5/8 x 3/4" $ 20.00 1 20.00 1½" and over Actual Cost plus overhead (2) The fee is, retained by the .City only if the test shows that the meter is registering with the acceptable accuracy limits as established by the City. If the meter is determined by the City to be registering outside of the acceptable accuracy __ limits, the meter test service fee will be refunded and an adjustment is made to the bill for the proper amount of water consumption. (3) For tests of meters equal to or greater than 2-inch, the test will be based on actual costs incurred as determined by the City. SECTION 7. ~USTQ~R .DEPOSITS. 18 (1) Establ~hm~nt,,,Of Cred~. Before rendering water or wastewater service, the City may require an applicant for service to satisfactory establish credit, but such establishment of credit shall not relieve the customer from complying with the City's rules for prompt payment. Credit will be deed so established if: m (a) The applicant for service satisfactory g~arantor to secure payment of bills m requested. (b) The applicant pays a cash deposit. m (c) The applicant for service furnishes furnishes a for service an I ! m I i I ! ! irrevocable letter of credit from a bank or a surety bond. (2) Amount pf Deposit. The a~o~nt of initial deposit shall be the following according to customer class and meter size: C~et lOSe= Cl&ee/Meter size Residen=ial: 5/8 x 3/4 inch $ 50.00 $ 50.00 inch 50,00 50.00 1/2 inch 50,00 50.00 inch 50.00 50.00 Commercial and Multi-family, Water ~aetew&te~ 5/8 x 3/4 inch $ 50.00 $ 50.00 I inch 50.00 50.00 1 1/2 inch 50.00 50.00 2 inch 50,00 50,00 Over 2 inch 50.00 50.00 Hydran~ Meter $345,00 m ! ! 19 (3) Additional DeDos~. The City may require a new deposit, where previously waived or returned, or an additional deposit in order to secure payment of current bills provided. The City shall provide the customer with reasonable written notice of not less than 30 days where such request or notice is separate and apart from any bill for service. The total amount of the required water deposit shall not exceed an amount equal t~~ the average. actual charge for water service for two monthly billing periods for the 12-month period immediately prior to the date of notice. The total amount of the required wastewater deposit shall not exceed an amount equal to the average actual charge for wastewater service for two monthly billing periods for the 12-month period immediately prior to the date of notice. In the event the customer has had service less than 12 months, the City. shall base its new or additional deposit upon the average actual monthly available. i i i billing I i SECTION 8. ~ONNECT!ON QHARG~. There shall be a charge for City service connections and for transferring of City accounts from I the name of one person to the name of another, which shall be paid before the service connection is made or accounts changed; i provided, however, that there shall be no service connection charge when the original service connection is made for which a meter i installation and/or service installation fee is paid. The charge I for the transfer of service to a new customer account at a 20 I i p~evl, ous~y served 'lo~at.~o~ or ~eco~ec~on o~ sm~ce a cu~t~ r~est~ ~sco~ection, s~11 ~ $18.00 d~ing noel ~ wor~nq ho~e ~d $25.00 a~er no~l ~r~ng ho~s.. ~ se~ice is ~scont~ued or ordere~ ~sc~=~ued because ~ of nonpa~n~ o~ ~un~s due, ~he reco~ec~on ~ee s~ll ~h~,$18.00 du~g no~ ~nq ho~a ~d $25.00 ~~q ho~. (1) ~[ The C~y he~ adopts ~d p~uant to general law, a water capi~l chugs ~d a wastewater ~pen~tures ~d the ~~ of City ind~~ess ass~iated wi~ i the ~sion of ~e City ' · wa~er supply, ~rea~ent and · r~ssion syst~ ~d the w. stewater tr~s~ssion, trea~nt, ~d I e~luent ~iopooal sysco. The wat~ capi~ c~=ge ~posed by the i and (2) those City retail City shall be ONE THOUSAND ONE HUNDRED DOLLARS ($1,100.00) per EKU, ~nd the wastewater capital charge shall be ONS TROUSAND SIX HUNDRED FIFTY DOLLARS ($1,650.00) per ERU. (2) . Applicability. Except for ( 1 ) those customers who have previously paid plant capacity charges to the previous owner of the utility and having previously been connected to the System customers who connect into the Indian 21 River County 'Wastewater eystwn, the impact fees set forth.herein i shall be paid by those new customers who (a) connect to said I Syste~, (b) request service ~r~ the Cit~, or (c) ~equest ~ increase £n water and/o~ w&steva~e~ service capacity on or after I the date the City acquires the System fram GDU. The. City may exempt any oustc~er fram the payment of all or a port,on of the i water and wastewater capita! charges .to the extent that the City I accepts a permanent contribution in a~d of construction related to ~he wa~er supply, treatment or transmission facilities or the I wastewater ~ransmission, treatment, or effluent disposalfacilities having .a value' of not less than the portion of.the water or i anything to the contrary set forth here~n, those C~ty retail I custmaers whose wastewater service capacity is provided via the i Indian River County Wastewater System Bhall pay a wastewater capital charge of TWO THOUSAND FIVE HUNDRED FIFTY-ONE DOLLARS i ($2,551.00) pe.r ERU. Except for a ~f~erent vel. us for the wastewater cap~tal cha~ge, all other provisions of th~s Section 9 I shall apply to said retail customers. ($) ~4~e o~a?~nent. Beginning on the d~te the City · charges shall be paid prior to connection o~ a s~ructure or structures to be served by the City, or such other time as may be specifically provided by City-resolution, ordinance, agreement, or 22 i permit; provided, however, that the City ~ay permit installment payments oX any water or wastewater capital charges upon such tests and condition, -, the City d,em, ,ppropri-t-. _ I . (a) For purposes o~ calculating and ~slng the wastewater capital charge pr .ovided for in this Section 4, the ~RU I factor ~or any particular connection shall iimposed in the manner provided as follows~ Establishment I Residential s~ngle Family Home Duplex ( 1 or 2 bedroo~s) I Duplex (3. or more bedrooms) Mul~i-Fam~ly (1 or 9_ bedrooms ) Multi-Family (3 or more bedrooms ) Mobile Home (1 or 2 bedro~ ) Mobile Hame (3 or more bedroc:~ ) be calculated and ERU Factor Per Unit 1.000 Per Unit 0.833 Per Unit 1.000 Per Unit 0.833 Per Unit 1.000 Per Unit 0.667 Per Unit 0.833 Commercial Auditorium/Meeting Rooms Barber/Beauty Shop Food Service Restaurant/Cafeteria Restaurant (24 hours) Restaurant ("Fast Food") Bar/Cocktail Lounge ~er Seat 0.019 Per 0pr. Sra. 0.340 Per Seat 0.113 Per Seat 0.189 Per Seat 0.057 Per Seat 0.075 Hotel/Motel (not including food service banquet & meeting roams, & guest laundry) Per Room 1.000 23 NOU-12-199~ GRay, i-I~R I I~,REI~ I NSOH P. 06 Motel (See Hotel) Office Building (not including food service and re~ail space) Es=ablishment Servi~e Station Add Theater 10o S~.F~. 0.038 · er Bay 1.132 Per Wash Bay 3.663 ~erToile~ 1.132 Per Seat' '0.012 Per Seat 0.075 Trailer Park (Overnight) Per space 0.377 Dentist office Per Dentist 0.943 Per Wet Chair 0.755 Per Doctor 0.943 Doctor Office Church Schools (Middle & Bigh) Schools (ElementarY, Day Care & Nursery) Schools (Boarding) 'Laundry (Self-Service) Par Seat 0.011 Per Student 0.075 Per Student 0,028 Per Studen= 0 472 i Per Machine 11510 Re~uil Store/w Self Service I Gas Pumps. Per Restroom 1.500 (Add ro~Lt/Ltng lix~ure units) (without pumps use fixture units) I Automotive Repair & Maintenance Stores Per Bay 0.S00 (b) One equivalent reszdentisl' unit (SRU) shall, for purposes of this Section, have an assigned value of 1.00. For wastewater service capacity, one ERU is hereb~ established and 24 de~.e~ed to be e~ual to & flo~ o~ 200 gallons per d&y, average annual basis (200 GPD), or such other ~lue as My be later approved or determined~bY ~he Florida D~part~ent of Bnvironmen~al Protection. ('c) For water service capacity, one ER~ 'is hereby established and determined to be equal tO a flow of 250 gallone per day, average~nnual basis (250 GPD). (d). The 'total equivalent residential unit value' for an esCablishm~nt shall be calculated by multiplying the BRU factor liste~aboveb~the number of units, md shall be rounded up to the nearest 0.S ERU factor. (e} For all establishments not listed above, the total wastewate= equivalent residential u~it (ERU) value for wastewater .service capacity shall be determined by multiplying the number of fixture unite, as published in the Standard Plumbing Code, by thirty (30), and then dividing that numerator by two hundred fifty.(200). For.example~ Total Wastewa~er ~RU Value m N~,m~er of Fi~u=e~Unitsx 30 200 GPD/ERU The wastewa~er capital charge shall be determined by using the followlng formula~ Total ERU Value x $1,650.00 ~ wastewater capital charge (~) For &11 establishments not lasted above, the total water equivalent residential unit (ERU) value for water service capacity shall be determined by multiplying the number of 25 ~~ (30),' ~d ~h~ d~v~g ~at n~a~o= ~ ~ h~ed (250). ~ox ~le: . . Total ~U Value = ~,,~er of 'F~e U~t~. x 30 250 GPD/~Ru . · , ~e water =,pL~l' c~ge s~ll ~ de=~ned ~ uszng ~ fo11~ng I fo~la: ' ' ' . ' ~t~ ERU Value x $1,100 - wa~r cap~ chugs . (g) The ~. ERU Schedule applies m~ts ~q co~ect~ to ~he clay of Sebas=i~ Wa~er ~d S~st~. ' E~nditure ~ide~ ~-es ~ ~l~ca~ion ~Pledae to R~enue B~ds. (a) T~ water capi~l cages collect~ p~su~t 'to =his Ordinance $?11 be deposited into a fund called the #Sebas:ian i Water System Capital Improvement Fund' and the wastewater capital charges shall likewise be deposited 'into 'a fund called =he ' Sebalti~u. Wastewater S~stem Capital Improvement Fund. The water capital charge~ so deposited shall be used only for the acquisition of the City's water system and all components thereof and additions ! thereto, and the construction and acquisition of additLons and _ extensions to the City's water system and all components thereof I including raw water supply facilities, tran~sslon facilities, Mine, ground s~orage facilities, new pu~ing facilities, water I treatment plants, and' distribution facilities in order to provide 26 TOTAL P,08 additional water treatment capacity or water service capacity to those new customers who connect to the City's water system. The wastewater capital charges so deposited in the above-mentioned fund shall be used only for the acquisition of the City's wastewater system and all components thereof and additions thereto, and the construction and acquisition of additions and extensions to the City's wastewater system and all components thereof, including collection facilities, transmission facilities, treatment facilities, and effluent disposal facilities, in order to provide additional sewage treatment capacity, effluent disposal capacity, or wastewater service capacity to those new customers who connect to the City's wastewater system. (b) The City may by resolution provide for the application of some or all of the water and/or wastewater capital charges to the payment or security for the payment of revenue bonds issued in whole or in part for the purpose set out in Subsection 9(5) (a) hereof, provided that the amount of and/or water wastewater capital charges applied to the payment of such bonds shall not exceed the amount of bond proceeds actually expended for such purpose with interest at the average rate borne by said bonds. Such application or pledge may be made directly in the proceedings authorizing such bonds or in an agreement with an'insurer of bonds to assure such insurer of additional security therefor. 27 (6) ADDlication; Allocation of Water and/or Wastewater Servi~e. Capacity. No water and/or wastewater service capacity shall be sold pursuant to the water and/or wastewater permit, nor shall any such permit be issued until received by the City. application therefore is The City may reguire all information on said application that it deems reasonable and necessary, and may reject applications it determines are incomplete. Any application for a water and/or a wastewater permit shall contain a legal description of the land constituting the service area for which the said permit is to be issued. The legal description shall include only those lands owned by the applicant for which the water and/or wastewater permit is to serve. If any such person described hereinabove fails to apply for and purchase water and/or wastewater service capacity under these rules, the city may consider said failure in determining whether or not to grant or deny any development or construction permit or approval or rezoning application filed by said person. The City shall by separate ordinance establishrules for the allocation of water and/or wastewater service capacity, and may by resolution establish a fee for application review payable by applicants. (7) Annual Rate indexing Adgustment. The City hereby adopts an annual automatic rate increase to all capital charges set forth herein and which shall be applied to such charges which are in effect immediately prior to the effective date of each such 28 annual increase. The purpose of such annual rate indexing is to provide annual rate adjustments commensurate with the escalation of utility operating expenditures and inflation. The annual rate index shall be the greater of either the Consumer Price Index (CPI} factor or a minimum of 3.0% per year for the fiscal years ending September 30, 1995, through and including September 30, 1998, and equivalent to the CPI factor thereafter. Each annual increase shall take effect and be imposed on bills rendered on and after October 1st of each fiscal year. SECTION 10. RESPONSIBILITY FOR COLLECTION. DISTRIBUTION AND TRANSMISSION COSTS. In addition to the water and wastewater capital charges, the applicant or customer shall either provide, or pay the capital costs (including land costs) of the required capital improvements for= the City's collection and transmission facilities prior (1) the collection of raw sewage within the boundaries of the property owned by the developer or customer to which the City intends to provide wastewater service capacity; (2) the transmission of sewage from those boundaries to to connection to treatment facilities; and (3) the transmission and distribution of water from the City's water treatment facilities to the applicant's or customer's property. 29 The City shall allow the developer or customer to connect to the nearest feasible point as determined by the City. The City is considering the later adoption of a more detailed utility extension policy. Until such time as said policy is adopted, this Section 10 shall control. ~T_~__~. RETURNED CHECK CHARGE. There shall be a charge for each check returned to the City as a result of insufficient or non-collective funds. The fee shall amount to twenty dollars ($20.00) or 5% of the face amount of each returned check, whichever is greater, for each returned check received by the City. SECTION 1~- LATE PAYMENT FEES. There shall be a charge incurred on those customers delinquent in the payment of the monthly utility bills. The fee shall amount to $2.00 plus 1.5% per month of the unpaid balance but not amounting to less than $5.00. ~ECTION 13. MISCELLANEOUS SERVICE CHAR~ES. The City hereby adopts the following miscellaneous water and wastewater system service charges. The amount to be charged to the customer for these specific services are as follows: (1) Schedule. The City Council hereby adopts the miscellaneous water and wastewater system service charges, rates and fees schedule set forth herein. Park Place surcharge (1) $10.00 Per Month 1. The $10.00 per month surcharge will be billed though August, 1999 in accordance with the July 11, 1989 Takeover Agreement. Issuance of Duplicate Bill 2.50 Sewer Tap Cos~ Plus overhead 30 Mete~Reml&cement 5/8 Inch I Inch 1-1/2 Inch 2 Inch & Larger Meter Removal $100.00 $125.00 $300.00 Cost Plus Overhead 5/8 Inch I Inch 1-1/2 Inch & Larger 30.00 30.00 40.00 water service ¢onnect$~n 5/8 Inch Meter i Inch Meter 1-1/2 Inch Me,er Larger Than 1-1/2 Inch He,er $400.00 $460.00 $810.00 Cost Plus Overhead ~ewer Se. trice Connection Residential Commercial and O~her Paved Road cuts Road Jacking & Boring Grass Restoration Unauthorized Use of Fire Hydrant ~eneral Service Call Damage Repair LAne Location $500.00 cost Plus overhead Cost Plus Overhead $200 Minimum Cost Plus Overhead Cost Plus Overhead $ 15.00 Cost Plus Overhead $100.00 Plus Cost Plus Overhead Cost Plus Overhead EnqineertnR Serv~s Site Plan Review-under 40 Uni=s & Wi=hour Lift S=a=ion Si~e Plan Review-over 40 Units or With Lift Sta=ion ~nspec=~pn Fee Cos~ Plus Overhead $50.00 Minimum Cost Plus Overhead $150.00 Minimum Water Per Connection Sewer Per connection Hydrant Flow Test Fire Pro,sc=ion charge-Per Year $ 25.00 $ 25.00 $ 60.00 $170.00 (2) Annual Rate In.d. exlnq .Ad~usi~en%. The City hereby adopts an annual automatic rate increase to all rates, fees and charges set forth herein and set forth in Sections 5, 6, 7, 8, 11, and 12 of this Ordinance, and which shall be applied to such rates 31 and charges which are in effect immediately prior to the effective date of each such annual increase. The purpose of such annual rate indexing is to provide annual rate adjustments commensurate with the escalation of utility operating expenditures and inflation. The annual rate index shall be the greater of either the Consumer Price Index (CPI) factor or a minimum of 3.0% per year for the _ fiscal years ending September 30, 1995 through and including September 30, 1998, and equivalent to the CPI index thereafter. Each annual increase shall take effect and be imposed on bills rendered on and after October 1st of each fiscal year. SECTION 14. ESTabLISHMENT OF A WATER SYSTEM RATE SCHEDULE. The City Council shall establish and adopt by separate resolution a Water System Rate Schedule. The City Council may modify the water system rate schedule from time to time by Resolution. SECTION 15. ~STABLISHMENT OF A WASTEWAT~R SYSTEM RATE The City Council shall establish and adopt by separate The City Council may time to time by SCHEDULE. resolution a Wastewater System Rate Schedule. modify the Wastewater Rate Schedule from Resolution. SECTION 16. ~B~,QRMAL STRENGTH WAS~ SURCHARGE...~ACTOR. For those customers which the City has agreed to serve and either the customer or the City has determined that the strength of the sewage is greater than 300 parts per million (ppm) of biochemical oxygen demand (BOD, or chemical oxygen demand (COD), or total suspended the purcharge factor totaled and then multiplied by bill solids (TSS) then an abnormal strength surcharge will be applied to the monthly bill. The greater concentration of either BCD or COD will be used in the surcharge calculation, but not both. The surcharge factor is calculated in the following manner: Concentration B0D or COD in ppm less 300 ppm plus concentration of TSS in ppm less 300 ppm totaled and then divided by 300 ppm. The total monthly bill is calculated by the addition of one (1) plus the normal SECTION 17. ENFOR. CEMENT;.._VIOLATIONS: PEN~ALTIES. Violations of the provisions of this Ordinance of failure to comply with any the requirements set forth therein, including violation of conditions of any wastewater disposal permit shall be prosecuted as provided by law. Each day such violation continues shall be considered as separate events. Nothing herein contained shall prevent the City from making such other lawful actions as is necessary to prevent or remedy any violations, including seeking injunctive relief in a court or competent jurisdiction, or terminating service as permitted by law. ~ECTIQN 18. LIBERAL CONSTRUCTION AND INTERPR~.TATiON. In the interpretation and application of this Ordinance, all provisions shall be considered as a minimum requirement, liberally,construed in favor of the City, and deemed neither to i/mit or repeal any other powers granted under state law. This Ordinance is cumulative 33 11:59 GI~Y Ht~IRRIS ROBINSON P~ FAX NO, 407 244 5690 ?, 07 and supplemental to e~xisting City laws, ordinances, rules and I regulations. Where this Ordinance and t~e provision, s contained I here~n conflict or overlap with any other City law, ord-~nance, rule or regulation, whichever imposes the more stringent restriction I shall prevail. $~CTIO~ 19. SEVE~Z~T¥. If any section, subsection, I sentence, clause, phrase, or portion of this Ordznance is for any reason held ~nvalid or unconstitutional by any court of competent I jurisdiction, such portion shall be deemed a separate, distinct and I _ independent provision and such holding shall not affect the validity of the remaining portions thereof. S_~_T~_~_~. ~_~__~. In the event of any conflict between the provision of this Ordinance and any other ordinance, resolution or portions thereof, including but not limited to Ordinance No. O-92-15and Resolution R-93-23 the provisions of this Ordinance shall prevail to the extent of such conflict. ~ECTION 21. EFFSCTI%'~ DATE. The Ordinance shall take effect on the date the City obtains title to the System from GDU. The foregoing Ordinance was member Council member into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Overbeck Councilmember Carolyn Corum Councilmember Norms J. Damp moved for adoption by Council ~ · The Motion was seconded by ............. , and upon being put I 34 Councilman Robert Freeland The Mayor thereupon declared this Ordinance duly passed as adopted this day of , 1993. CIT~ OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk [SEAL] I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1993, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk [SEAL] 35 Approved as to Form and Content= Charles Ian Nash, City Attorney RESOLUTION NO. 93-59 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNT~, FLORIDA, ESTABLISHING A WATER SYSTEM RATE SCHEDULE AND A' WASTEWATER SYSTEM RATE SCHEDULE AS PROVIDED IN ORDINANCE NO. 0-93- AND THE SEBASTIAN CITY C0DE-,---~ PROVIDING FOR AN EFFECTIVE DA~. WHEREAS, pursuant to .Section 14 of City Ordinance No. 0- 93-~ and the Code of the City of Sebastian, the City Council shall have the duty, right, power and authority to establish and _ adopt by Resolution a water system rate schedule which shall apply to each customer of the City's water system; WHEREAS, pursuant to section 15 of City Ordinance No. 0- 93-~ and the Code of the City of Sebastian, the City Council shall have the duty, right, power and authority to establish and adopt by Resolution a wastewater system rate schedule which shall apply to each customer of the City's wastewater system; ..... WHEREAS, pursuant to Chapter 180.13 Florida-statutes, the City Council may establish just and equitable rates or charges to be paid to the municipality for the use of the utility by each person, firm, or corporation whose premises are served; and WHEREAS, the rates established herein provide funding for water and sewer utility services which promote the health, s~fety, and general welfare of its customers and is therefore beneficial to the ratepayers of the system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. WATER SYSTEM RATE SC~EDU!~...... Pursuant to Ordinance No. 0-93-__ and the Code of the City of Sebastian, the City Council hereby establishes and adopts the water system rate schedule as per Exhibit "A." SECTION 2. WASTEWATER SYSTEM RATES~HED~. Pursuant to Ordinance No. 0-93-__ and the Code of the City of Sebastian, the City Council hereby establishes and adopts the wastewater system rate schedule as per Exhibit "B." ~E.CTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately after the City acquires title to the GDU water and sewer system. The foregoing Resolution was moved for adoption by Council member . The motion was seconded by Council member , and upon being put into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank 0verbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilman Robert Freeland The Mayor thereupon declared this Resolution duly passed as adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor Attest: Kathryn M. 0'~alloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney a) (b) .{~amtt ~mn,i~" nmm a us~ of land ~r a ~ for a~esid~Ral public ~ ~ antl not dm~aad fox bo~setu~ o~apan~ and not k~ludlng $l.sx x, er x,OO0 rdUm ~.20 p= 1.000 plJ,m 34.20 per I.OO0 pUtm ,%-~bor :~o, x~.~mz~ur.h and in~,,,~-x sepnn~r ~o, ~ ~l ~ t~ ~c c~ o. 10,00o pllans City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 CITY OF SEBASTIAN AND INDIAN ) RIVER COUNTY TO EXTEND THE ) Dept. of Origin Utilities COUNTY'S SERVICE TERRITORY FOR) ~~.~~ PROVIDING WATER SERVICE TO THE) Utilities Director: PROPOSED WAL-MART STORE ON ) NORTH U.S. 1 ) Date Submitted: November 11. 1993 ) Approval for Submittal By: ) For Agenda of November 17. 1993 ) ) Exhibits: Interlocal Utilities City Manager ) Agreement; Sketch of Service ) Territory Expansion; Legal ) Description EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT On October 14, 1993, Interim City Manager, Kay O'Halloran; City Finance Director, Marilyn Swichkow; and Utilities Director, Rich Votapka met with County Administrator, James Chandler; County Utilities Director, Terry Pinto; and Assistant Utilities Director, Harry Asher to discuss providing potable water to the proposed Wal- Mart store near the north Sebastian City Limits along U.S. Highway #1. The City's position was to have a master meter installed at the north City limits and have Wal-Mart construct the water main to its property. The City would enter into a bulk water rate agreement with the County and bill Wal-Mart on a retail water rate basis. The County's position was that it does not have a bulk water rate agreement and the only viable method of providing water to Wal-Mart was to square off the County's service area at Wal- Mart's south property line. Since the County has the capability of providing water to Wal-Mart immediately and the City does not, and for the sake of expediency in supplying Wal-Mart with water, the City staff agreed to accept the County's proposal. The County Attorney has prepared the Interlocal Utilities Agreement which is attached. It has been reviewed for legal sufficiency by City Attorney Charles Nash. Gary Wallace of H.F. Page 2 of 2 November 11, 1993 Agenda Request Lenz has prepared %he sketch of the survey showing the proposed County annexation of %he water service area within %he City and accompanying legal description which is attached. RECOMMENDED ACTION It is recommended that the City Council move to approve the Interlocal Utilities Agreement. i BETWEEN THIS AGR~~, rode t~ .... ~y of and bIT. WIO~ , lgg3, by INDIAN RIVER COUI~TY, a political subdivision of SiaT~ of Flortch, the &ddrtss of which is 1840 St~'~et. Vex'o B.~h. F~ 30980 ("COUNTY") and the CITY OF SEBASTIAN, a municipal corporation 3295e ("CITY"), and its euooessoz~ or usi~ns, WITN~Sf~TH : WHI~RI~AS, the COUNTY opera.s a ut/lily syst~ ~enet~ally th~u~hout un~o~ted a~ off In~ ~lver Co~ty WHE~S, the CITY ~ Ju0t ~w utility se~l~; ~d WHER~S, the p~per~y shown boun~ and could be ae~ved at ~ ~e WHEI~EAS, the COUI~TY can serve this property not onJy immediately but mo~e coil effectively, since lhe~ ~11 be a sma~er ~pttal Gxpense t~n the CITY would ~ve; ~d WHEREAS. the COUNTY has a~d to service this p~operty provided that the p~ope~ is t~nsfe~ed to the COUNTY*s ~e~vloe ~ pe~m~ontiy; ~od and valuable oo~ide~a~on, the ~celpt of w~ Is hereby acknowlod~d. COUNTY and CITY The property ("Property") with the legal description shown on Exhibit "A" shall be considered to be pa~l o~ the COUNTY's pe~mnent utility se~loe ar~ for water and sewer set. ce. for all intents ~d pu~oaes aa ~ the P~operty wave in the un.co.ceased a~ea of the County. COUNTY s~ll serve the Property as ~ it were a customer la the uninoo~oratod a~ of tM Counzy, i. e., the~ i hall be no dtscrl~tion ~ ~ate8 or quarry o~ lype of service based on the fact NOV 1~ '~ 4., ~:I~R:~ I R CO LrrlhITI[~ ! pe~n~ ~d ~t ~e CITY m~ ~ ~ ~h~ ~ the futu~ ~ tM P~pe~y. T~ ~mnt m~ be ~od ~ t~ pubic ~~ of pubic ~oordm ~ ln~ Rive~ County. ~s ~nd m~m On the ~ .and ~r ~lt shove w~t~en. ~OARD OF COUNTY STATE OF FLORIDA COUNTY OF INDIAN SWORN TO ~nd euboc~lbmd befo~ me ~ ~ day of , 1993, by Rio~ N. B~ ~d Joff~ K. BArton, ~ C~~ ~d~ CleFk of the B~ of Coun~ ~ms~nm~8 ~poo~vely, T~ ~ pe~o~l~ known NOTARY PUBLIC ' pFAnt~ Com~sston CITY OF SEBASTIAN, FLORIDA STATE OF FLORIDA COUNTY OF INDIAN RIVETS. SWORN TO &nd mubecxdbed before mm ~ixtm d&¥ of ..... 1993, b~ ~d ~~ O'Hallo~ae ~oe~d City Clerk of the Cit~'"0f Sobms~) Flo~dm, vempeo~vel~. They a~ pe~mon~y known to me ~d 8tKned %~ fox.inK on be~ of maid By Commission Exhibit: Attaohmen~ "A" -2- qm~mm. OF FLE.~NG GP.,ANT~_ ~ OR~ Z ~" ~s -zos/ u.s, #~ oRo i oF tiNG. 7_. o momm~ m<~m xo - oo~>m~ I ~ x~ 0CC; ~ c~ om mm~ m>~> bO°>~z C m / Z m~ ~ z LEGAL DESCRIPTION AND LEGEND OF WATER FRANCHISE SERVICE AREA C~ II ~ ;~!~ ~ 2 I~1 C~ BY SITUATE IN SEC~i~ 30 OF THE FLEMING II ~ ~ ~ ~ ~ auroral GRANT, CITY OF 8EBASTIAN, ~ ........ .I ~ ~q ~ ~ ~ I i i H.F. LENZ COMPANY PROPOSED ANNEXATION OF WATER FRANCHISE SERVICE AREA LEGAL DESCRIPTION (BY SURVEYOR) ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING PARTIALLY IN SECTION 21 AND PARTIALLY IN SECTION 30 OF THE FLEMING GRANT, SAID PIECE, PARCEL OR TRACT OF LAND LYING ADJACENT TO U.S. HIGHWAY NO. 1 (PARTIALLY EAST AND WEST THEREOF) AND EAST OF THE FLORIDA EAST COAST RAILROAD AND BEING A PORTION OF LOTS 19, 20, 21, 22, 23, 24, 25, 26, 27 AND ALL OF BLOCKS 53, 56, 57, 60, 61 AND 64, TOGETHER WITH A PORTION OF BLOCKS 54, 55, 58, 59 AND 62 OF THE PLAT OF WAUREGAN ON FLEMiNG GRANT, AS RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY IN PLATBOOK VOLUME 1, AT PAGE 75, SAID LAND NOW LYiN5G IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS; TO WIT: BEGINNING AT A POINT, SAiD POINT BEING THE INTERSECTION OF THE NORTHERLY LINE OF LOT 21 OF SAID PLAt OF WAUREGAN AND THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (120' RIGHT-OF- WAY); THENCE, PASSING THROUGH THE RIGHT OF WAY OF U.S. HIGHWAY NO. 1, BEARING NORTH FORTY-FIVE DEGREES TWENTY-SIX MINUTES ZERO- TWO SECONDS EAST (N45°26'02"E) ALONG THE NORTHERLY LINE OF SAID LOT 21 A DISTANCE OF ONE HUNDRED TWENTY-ONE AND TWENTY-SlX HUNDREDTHS FEET (121.26') TO A POINT ON CURVE OF TIlE EASTERLY RIGHT-OF-WAY LiNE OF SAID U.S. HIGHWAY NO. 1; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, BY A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF ELEVEN THOUSAND FOUR HUNDRED FIFTY-NINE AND TWENTY HUND~DTHS FEET (11,459.20'), AN ARC DISTANCE OF SlX HUNDRED THIRTY-NINE AND EIGHTY HUNDREDTHS FEET (639.80'), A CHORD BEARING OF NORTH THiRTY-FOUR DEGREES THIRTY-FOUR MINUTES ZERO-FOUR SECONDS WEST (N34°34'04"W), A CHORD DISTANCE OF SIX HUNDRED THIRTY-NINE AND SEVENTY-TWO HUNDREDTHS FEET (639.72') TO THE NORTHERLY LINE OF SAID LOT 19; THENCE, LEAVING SAID EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, BEARING NORTH FORTY-FIVE DEGREES TWENTY-SIX MINUTES ZERO-TWO SECONDS EAST (N45°26'02"E) ALONG SAID NORTHERLY LINE OF LOT 19, A DISTANCE OF THIRTY AND SEVENTY- FOUR HUNDREDTHS FEET (30.74') TO A POINT, SAID POiNT BEING THE I I H.F. LENZ COMPANY PROPOSED ANNEXATION OF WATER FRANCHISE SERVICE AREA LEGAL DESCRIPTION (BY SURVEYOR) PAGE 2 INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 19 AND THE NORTHEAST FLEMING GRANT LINE; THENCE, BEARING SOUTH FORTY-THREE DEGREES THIRTY-SIX MINUTES FIFTY-EIGHT SECONDS EAST (S43°36'58"E) ALONG SAID NORTHEAST FLEMING GRANT LINE, A DISTANCE OF NINE HUNDRED FORTY-FIVE AND ZERO HUNDREDTHS FEET (945.00') TO A POINT, SAID POINT BEING THE EASTERNMOST CORNER OF SAID LOT 21 OF THE PLAT OF WAUREGAN ON FLEMING GRANT; THENCE, LEAVING SAID NORTHEAST FLEMING GRANT LINE BEARING SOUTH FORTY-FIVE DEGREES TWENTY-SIX MINUTES ZERO-TWO SECONDS WEST (S45°26'02"W) ALONG THE SOUTHERLY LINE OF SAID LOT 21 A DISTANCE OF TWO HUNDRED NINETY-ONE AND FORTY-SIX HUNDREDTHS FEET (291.46') TO THE WESTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY NO. 1; THENCE, LEAVING SAID SOUTHERLY LINE OF LOT 21 BEARING SOUTH THIRTY-SIX DEGREES THIRTY-NINE MINUTES THIRTY-SEVEN SECONDS EAST ($36°39'37"E) ALONG SAID WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, A DISTANCE OF ONE THOUSAND NINE HUNDRED EIGHT AND FOURTEEN HUNDREDTHS FEET (1,908.14') TO A POINT, SAID POINT BEING THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT 27 OF THE PLAT OF WAUREGAN ON FLEMING GRANT AND SAID WESTERLY KIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, BEARING SOUTH FORTY-FIVE DEGREES TWENTY-SIX MINUTES ZERO-TWO SECONDS WEST (S45°26'02"W) ALONG THE SOUTHERLY LINE OF SAID LOT 27 AND ALONG THE WESTERLY EXTENSION OF SAID SOUTHERLY LINE OF LOT 27 A DISTANCE OF SIX HUNDRED EIGHTY-FIVE AND NINETY-TWO HUNDREDTHS FEET (685.92') TO A POINT ON THE EASTERLY LINE OF LANDS OF THE FLORIDA EAST COAST RAILROAD; THENCE, ALONG SAID EASTERLY LINE OF LANDS OF THE FLORIDA EAST COAST RAILROAD BEARING NORTH FIFTY-THREE DEGREES THIRTY-ONE MINUTES THIRTY-EIGHT SECONDS WEST (N53°31'38"W) A DISTANCE OF TWO THOUSAND ONE HUNDRED NINETY-ONE AND SEVENTY-FIVE HUNDREDTHS FEET (2,191.75') TO A POINT ON THE I[l j I H.F. LENZ COMPANY PROPOSED ANNEXATION OF WATER FRANCHISE SERVICE AREA LEGAL DESCRIPTION (BY SURVEYOR) PAGE 3 NORTHERLY LINE OF BLOCK 54 OF SAID PLAT OF WAUREGAN ON FLEMING GRANT; THENCE, LEAVING SAID EASTERLY LINE OF LANDS OF THE FLORIDA EAST COAST RAILROAD, BEARING NORTH FORTY-FIVE DEGREES TWENTY-SIX MINUTES ZERO-TWO SECONDS EAST (N45°26'02"E) ALONG SAID NORTHERLY LINE OF BLOCK 54 AND BLOCK 53 OF SAID PLAT OF WAUREGAN ON FLEMING GRANT A DISTANCE OF SIX-HUNDRED SIXTY- TWO AND FOURTEEN HLrNDKEDTHS FEET (662.14') TO THE NORTHERNMOST CORNER OF SAID BLOCK 53; THENCE, PASSING THROUGH THE RIGHT OF WAY OF WAUREGAN AVENUE BEARING NORTH EIGHTEEN DEGREES FIFTY-TWO MINUTES ZERO-EIGHT SECONDS EAST (IqlS°52'08"E) A DISTANCE OF EIGHTY-NINE AND FORTY-FOUR HUNDREDTHS FEET (89.44') TO THE WESTERNMOST CORNER OF SAID LOT 21 OF THE PLAT OF WAUREGAN ON FLEMING GRANT AT THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE; THENCE, LEAVING SAID EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE BEARING NORTH FORTY-FIVE DEGREES TWENTY- SIX MINUTES ZERO-TWO SECONDS EAST (N45°26'02"E) ALONG THE NORTHERLY LINE OF SAID LOT 21 A DISTANCE OF FIVE HUNDRED NINETY-ONE AND FIFTY-THREE HUNDREDTHS FEET (591.53') TO THE POINT AND PLACE OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF TWO MILLION THREE HUNDRED FORTY-THREE THOUSAND EIGHT HUNDRED SEVENTY-FOUR AND SIXTY-TWO HUNDREDTHS (2,343,874.62) SQUARE FEET O~Q~FTY-THREE AND EIGHTY-ONE HUNDREDTHS (53.81) ACRES. PTION PREPARED BY: , ~Y w:wALLAcE~ P.L:'~. /? TD^P L.s.'No. so75 x.__ ~TE/~ 1o/~.-.'I ' 1109LDI City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Amend Sebastian River Area Little League Inc Lease Agreement with the City of Sebastian Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted 11-08-93 For Agenda of 12-01-93 Exhibits: Letter dated 10-17-93 from Sebastian River Area Little League, Inc. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT I have received a request in writing from the Sebastian River Area Little League Dated October 17, 1993 (enclosed). They are requesting the use of the four ballfields at the Barber Street Sports Complex from January 1st thru July 31st to accommodate the increase in the Little League Program. Subsequent to the letter, I had received verbal concerns from the men's softball league that if Little League utilized all four fields, it would leave them without a field for their league. A meeting was held in the City Manager's conference room on November the 8th, 1993 to discuss a compromise that would be palatable to the Little League, the Mens softball, and Indian River County Recreation Department. The result of that meeting struck an accord in which all parties agreed to the following: 1. In the following season beginning in February of 1995 Little league would have the use of the four fields until the end of July. Then from August 1st to January 31st the mens softball league would use the two senior league fields. 2. For this season, beginning February 1st thru July 31st Little League would be able to use three fields including the one senior league field for five nights a week and the fourth field four nights a week. This would allow the men's senior softball league to use ballfield number four for one night of the week, Tuesday night. The senior league would have full use of both the senior fields from August 1st thru January 31st. 3. It was agreed that the Fellsmere field would be ready and complete by January 1st which will be used by the men's senior softball league in conjunction with the one night per week at Barber Street Sports Complex. 4. The county Public Works will, during the 94 season, be making improvements to the Hobart softball field which would be ready for play at the beginning of the following season. The lease agreement between the Sebastian Area Little League Inc. and the City of Sebastian identifies two fields for little league this lease should be revised to include the remaining two fields with the dates remaining the same. RECOMMENDED ACTION Direct staff to revise the lease agreement to include all four fields for Little League use from February 1st thru July 31st. and return to City Council for ratification. SEBASTIAN RIVER AREA LITTLE LEAGUE, INC. P. O. BOX 780174 - SEBASTIAN, FLORIDA 32978-0174 October 17, 1993 Mr. Dan Eckis City Hall Sebastian, FL 32958 Dear Mr. Eckis: Sebastian River Area Little League requests the use of all four fields from January 1 through July 31 be added to the lease. Due to increased population in the Sebastian area, we anticipate 600 children to participate in the little league program. Last season we had about 500 children with 10 minor league teams, 9 major league teams, 8 senior le~gue teams, 4 senior softball teams, and 6 major league softball teams. We feel the extra field will help greatly, so that the younger children in our program can start play at an earlier time. All games start at 6pm and end aroun~ 10pm on all four fields, 5 days a week with a half day Saturday and Sunday being used for make-up games. The City Of Sebastian has done a wonderful job on the sports complex and we appreciate your support. I have received many compliments on the complex from many parents involved in our program. We would also like to request some type of fee to be paid for use of our equipment in the concession stand, which could be refunded after the equipment was inspected. Please reply as soon as possible so we can schedule fields. Thank you in this matter. Sincerely, President Sebastian River Area Little League City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: ENVIRONMENTAL AUDIT OF EXISTING GDU TREATMENT PLANT SITES IN SEBASTIAN Approval for Submittal City Manager: Agena. No. -, Dept. of Origin Utilities ~{~ Date Submitted: November 10, 1993 For Agenda Of: November 17, 1993 Exhibits: October 21. 1993 Letter from Engineering Science; November 1, 1993 Letter from Engineering Science EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $2,000 MAX BUDGETED: To be Funded Thru Bond Proceeds REQUIRED: $2,ooe SUMMARY STATEMENT The General Development Utilities (GDU) Sebastian Highlands Water and Wastewater Treatment Plants each have underground diesel fuel tanks for their emergency generators. GDU had the firm of Engineering-Science, Inc. perform an environmental audit of the old GDU water plant on Manly Avenue, the present GDU water plant on Filbert Street, and the GDU wastewater plant on Bailey Drive. The audit was completed in August, 1992. As a result of recent negotiations of the Purchase and Sale Agreement for acquisition of the GDU system, GDU agreed to furnish the City with a copy of the audit report and indemnify the City against any contamination of the groundwater supply from leakage or spillage related to the buried tanks. To ensure that no environmental contamination had occurred from August 1992 to the present, the City Task Force decided that, in the best interest of the City because of the time constraints regarding the acquisition and the firm's previous work on the audit, Engineering-Science should update its August 1992 audit. GDU President, Charles Fancher, initially suggested using the firm and,therefore, did not raise the question of a potential conflict of interest on the part of GDU. Engineering-Science has agreed to update its audit on a time and expense basis for a not-to-exceed fee of $2,000.00. Page 2 of 2 November 10, 1993 Agenda Request To safeguard its position in preparing the audit for the City, %he firm has requested that the attached letter, dated November 1, 1993, ~o Charles Fancher, President of GDU and Richard B. Votapka, Sebastian Utilities Director, be signed by both the City and GDU in recognition of a potential conflict of interest. Our City Attorney, Charles Nash, has reviewed this document and has rendered his opinion that the document is all right to sign as is. However, he also recommended that the letter be presented to the City Council for informational purposes. RECOMMENDED ACTION For informational purposes only to keep Council informed on continuing developments concerning the GDU Sebastian Highlands water and wastewater system acquisition. No action is necessary. '~ ENnlNEERINCi-$CIEN~'£~ INC, 100 West Wemu; SIree~ · Pesaoen&. CaliTornma 91124 ,,. (818) 4J, 0-6000 · Fax: (818) J.40-6195 November 1, 1993 Mr, Charles Fanchea' 2601 S. Bayshore :Drive Miami, FL 33133 General Development Utilities Mr. Richard Utilities Director 1225 Main Strict Sebasti~, FL 32958 City of Sebastian Subject: Consent to Pomntial Conflict of Interest De~r Messrs. Fanchea' and Votaptm: F_,ngjneering-Scienc~, Inc. (":ES") bas pea'formed pursuant to an agreement with Genea'al Development Utilities ("GDU') an envh'onmenml assessment r¢la~g to c~rtain a~ets ("Assets") which may be the subject inter alia of a pending transaction between GDII and City of Sebastian ('S~bastian"). Sebastian has requested that ES perform environmental Servi~ which also reAate to the Assets. Prior to pedorming such Se~ees ES will need (1) to advise GDU and Sebastian that there ia a potential conflict of intexest arising from the fact that the Assets are the subject of a pending transaction between GDU and Sebastian. As the interests of GDII and Scba.~tian differ in this transaction, ES will, by performing Services r~garding the Assets for both GDII and Sebastian, be placed in a potential conffict of interest, and depending upon how GDII and Sebastian pursue the. ir respeativ¢ intemts, could place ES into an acmai conflict of interest, and (9._) to obtain the informed consent of Gl)Il and Sebastian to ES' provision of sea-vices to both GDII and Sebastian pertaining to the Assets. GDU and Sebastian by their authorized signatures hereo£ he.~b¥ acknowledge that (1) they are sufficiently advised of the potential conflict of interest to the extent of seeldng their respective legal counsel's advice, if deemed necessary, (2) they both fully consent to ES' performance of sezvices to Sebastian pertaining to the Assets, (3) ES may freely utilize any and all information it has gained pertaining to the Assets without regard to whether it wa~ gained while pezforming services to GDU or Sebastian in performing its services to GDII or Sebastian pertaining to the Assets. ES shall not be in violation of any confidentiality or other provision of either its agreements ~PARSONS November 1, 1993 Page 2 with GDU or Sebastian or otherMse, because of its use of information ~g to the Assets, so long as ES does not further publish such information beyond GDU and/or Sebastian in violation of any such confidentiality provision. ACICN0~GF23 AND AGREF_~: GENERAL DEV~;LOPM~.~F~ UTTLITI]E~ ACKNOWLEDGED AND AGREED: CiTY OF SEBASTIAN Senior Counsel CC: E.A. Bernstein J. Butner *~ ENGINEEFIIN~-SClENCE, INC. 2901 West Busch Boulevarc. Suite 905 · Tampa Roricla 33618 · (813) 933-4650 · Fax: (813) 932-7a16 October 21, 1993 Mr. Rich Votapka Utilities Director 1225 Main Street Sebastian, Florida 32958 Sebastian Environmental Audit Report Utxlate D~r Mr. Votaph: In accordance with your request, we have prepared an estimate to update the environmental audit report we prepared last year for the subject facility. The work effort would consist of: Revisit all the sites visited during our previous visits (3 sites total). Interview operators regarding any new activities since our previous visit. Review regulatory files to utxlate any activity since last year. Revise thc report to reflect any changes. Discuss the report with the city of Sebastian and make any further revisions mutually agreed upon. Engineering-Science would provide the city of Sebastian with 5 copies of the draft report and 10 copies of the final report. We propose to perform the above services on a time and expense basis with a not-to-exceed fee of $2,000. This fee assumes that no major revisions to the report are required. The attached Table 1 provides a breakdown of the cost by task. We look forward to being of service to the city of Sebastian. you have questions. 'rI'~:afs Attachment Please call me if Sincerely, ENGINEERING-SCIENCE, INC. Thomas T. Project Manager (~) PARSONS I I I I I i I I I I I I I I I I me SUPPLEMENTAL TERMS AND CONDmONS (Environmental Audit Report Agreements) The following supplementaJ terms and conditions shall take precedence over any inconsistent term and cond~ion in the AGREEMENT: 1. The information and conclusions presented in the report de?_ribed in the Scope of Work (hereinafter called the Report) shall be valid orgy for the circumstances of the site(s) investigated as described in the Report (hereinafter caJled the Premises) as they existed during the time period of the investigation. The Report shall not constitute a wan-ant~, guaranty, or representation (1) of the absolute absence of h~?~'rdous or otherwise harmful substances or conditions on the Premises or (2) if such substances or conditions are found on the Premises, that the investigations accurately define the degree and extent of poss~le cO. ntamination of the Premises. ES shall evaluate the reasonableness and completeness of all relevant information, but ES shall assume no responsibility for the truth or accuracy of any information provided to ES by others or for the lack of information that is intentionally or negligently withheld from ES by others. 4. After termination of the AGREEMENT, if ES obtains information that it believes warmms further ex~ora~on and development, ES will endeavor to provide it to the CLIENT, but ES will not be liable for not doing so. 5. The Report shall be construed neither as a legal opinion nor as compliance with any environmentaj law, 'innocent landowner defense", or 'due diligenca inquiry'. Orgy legai counsel retained by CLIENT shall be competent to determine the legai implications of information or concJusions contained in the Report. 6. Except as expressiy provided for in our agreement with our client, ES shall not be responsible ' for any effec~ upon CUENT"s or others' legai fights, obligations or liab~itles Or for any effect upon the financeab~ity, marketability or vaJue of the Premises or for the occurrence or non- occurrence of any transaction involving the Premises based upon the Information stated in the Report. The Report shall contain the following or a substantially similar'Notice to Interested Paxl~es": 'To achieve the study objectives stated in this report, we were required to base our' conclusions on the best informarJon available during the period of the investigation and within the limits prescribed by our client in the agreement. 'No investigative method can comp/etely eliminate the possib~ity of obtaining partially imprecise or incomplete information.. Thus, we cannot guarantee that the investigations completely defined the degree or exzent of any contaminstion by hazardous or othenvise harmful substances desc~bed in the report or. if no such contamination was found, its absolute absence. Professiona/ judgement was exercised in gathering and analyzing the information obtained, and we commit ~:~'~-o ~Ol-~Sl~t~ . ourselves to the usUal care, thoroughness, and competence of the engineering ' profession. 'This report is not a legal opiniorL It does not necessan'ly comply with recluiremen~s defined in any environmental law such as the 'innocent landowner defense' or 'clue diligence inqub'y'. Only legaJ counsel retained by you is competent to determine the legal implications for you of any information or conclusions in this report. 'Except as expressly provided for in our agreement with our client,' Engineering- Science is not mspor~e forany effec~ upon the legal rights, obligations, or liab~ities of any pat~ or for any effect on the financeability, marketability, or value of the prope~'y investigated in the stucly or for the occurrence or non-occurrence of any transaction involving the property.' ATTAC~ A PROPOSF. D CLT~NT INDEMAqTY PROVISION FOR ENVIROhrNfENTAL ASSESSMENT REPOR~G S~.RVICF-S If ~~g-$cience b made a party to any aCticm.--in~ti~te~l by City of Sebastian against a'"'th~.~ or by a thkd pa~.~,_~.agai~, r"'City of S.eb~ ari~.' g out . of or resulting from the ~ or non. Oe.~n~ce of any ~Uon concermng any. property subject to ~.ngincering-S~;_se~4ces hereun_der, or om~4~ C~ty o! Sebastian shall at its cost ~d.ar'the ~ngine~ing~..cience's~p. tion. def_en.d F. ng~n. eering- Science th~m ....a~d-..~er, exc~t to the ex'tent~.~gmeenng-Sc~ence ~s found separately liabl~...fOi" its sole negligence or willful misc~ indemni~ and hold ~gineering-Siience harmless fi-om any judgment ~n,d.~ in conn~n the~with .and ~_cost'and expenses (including reasonable attorney s fees) in~ ~eezing- .... Science in connection with such action. ~ :.: ~h~,- City of Sebasd~ shall zeimburse F. ngine~ring-Science's costs, /naluding but not flmited to hourly fees for En .gineea-ing-Science's expert, technical or other testimony and reJated Wave1, preparauon ._.a~_~d COl~.yir~.g costs, required of Engineefing-Saence by City of Sebastian ~~~ m any action instituted by city of sebast invol hereunder, but not involving Engmcering-~cience as a par~ to sucn action. party' shall include governmental organizations as weI1 as private parties. The parties agree that the proper venue for bringing any action to interpret or enforce .the Agreement, or to seek damages pursuant t_hereto, shall be brought in tl%e appropriate court situated in Indian River County, Florida. TAB 81/ATTACHAJF City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUB,CT: Indian River County Juvenile Justice Council - Request to Collect Donations in U.S. 1 Median ~_~77A]ROVED FOR SUBMITTAL BY: City Manager~~-~/ Agenda No. Dept. Origin Date Submitted For Agenda Of City Clerk 11/8/93. Exhibits: * JJC Memo dated 10/20/93 * Chapp Letter to Nason * Application to VB * IRC Code * VB Code * Council Membership List EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Jeanine Chapp, Chairperson of Ways, Means and Membership, on behalf of the Indian River County Juvenile Justice Council, has requested permission to collect donations along the U.S. 1 median on Saturday, November 20, 1993, "Juvenile Justice Dollar Day". Although this is a very worthy cause, I must voice my objection to this request due to my concern for public safety. RECOMN[ENDED ~ Review the request of the Indian River County Juvenile Justice Council to collect donations in the U.S. 1 median on November 20, 1993 and take appropriate action. 7. City of Sebastian ~¢[T 3TT;~ _;~-~ 7~7 D SEBASTIAN, FLORIDA TELEPHONE (407) ~9-~0 D F~ (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: November 9, 1993 Mayor Powell and City CouP1 Members Captain David Puscher ~ Indian River County Juvenile Justice Council Request to Collect Donations in U.S. 1 Median The Police Department objects to the request of the Indian River County Juvenile Justice Council to collect donations in the U.S. I median on November 20, 1993 due to possible safety hazards and obstruction of traffic flow. STI CE L . Box 2851 · Vero Beach. Florida 32961 · {407} 569'9788 October 20. 1993 TO: FROM: RE: AREA BUSINESS FIRMS AND OTHER FRIENDS OF YOUTH JUVENILE JUSTICE COUNCIL "JUVENILE JUSTICE DOLLAR DAY" The Juvenile Justice Council is sponsoring a special day to raise funds. We have designated NOVEMBER 20TH as "JUVENILE JUSTICE DOLLAR DAY." The funds will be used to combat Juvenile crime in the community. We need your cooperation and assistance to make this day a great success. Members of the council will be stationed outside many buildings at traffic lights collecting dollars from people as they drive by. We cordially invite you to Join us as -e rave and collect donations. Any special donation that you can make will be gratefully accepted. Please make checks payable to Juvenile Justice Council and drop them into our containers, or mail them to the above address. It Takes a Comraunity to R~ise ~ Child./ · I s~oe ~ark, a different application must be submitted to/'~he~%nsg ~ ~is. ev~n~ is ~o ~ held on .private pro~y, ~ssE~ must ~, me receives ~rom ~e o~er of ~at pro~y. ~Y'S DATE: %O-~k~'q ~ ~ B =~ o~ ~: ~ ~ ~.~ ~ .i, ~ ~- ~ ~..' ~. ~' Will ~is ev~t involve fr~ spee~ ass~ons? .~ N0 I (Appl ~~ni~i~ I- C~.._ ~. ,~ ~,.~ %~.,~ ~ ~,.~ . ~, " PRO~SED DA~(S) ~ HO~ (~om Set-up to Conclusl]On)~ 0,, ~,~ - .... ~, ...... 9 ~-~ ~ .... ~E~D ~~ OF P~ICIP~S ~0~ .. ~PE~A~ ~ ****** SIGNA~ OF ~Q~R: .' , ~=y ~age= / ' i SPECIAL~Q~REKENTS: ins~7, Police~pt.,~c' . I1 ~ k uJ ~is application must~e completed and returned to t~ty I ~nager's Office no later ~an 60 days prior to the proposed event except in the case of activities ~at are in the exercise of ~e right of free speech. Such applications related to free ,,.~ speech must be s~mitted prior to ~e activity taking place. ~ Section .2..0,7.12 Charitable._, oFganizations: o_cccas J ona I se l e.s.;--' fundra'i ~...ing; exemp.t j o.;q~ . No occupat iona ! I i censes she II be requi red of any charitable, tel iglous, fraternal, youth, civic, service or other such organization when the organization makes occasional sales or engages in fund-raising projects when the projects are performed exclusively by the members thereof and when the proceeds from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization. Secti..on 207.13 Other license taxes to be in addition to .the OCCUlO~t'iona iL ['i"cen~e tax ...... Fees or licenses paid to any board, commission or officer for permits, registration, examination, inspection or other regulatory purposes shall be in addition to and not in lieu of any occupational .license tax required by this chapter or other law unless otherwise expressly provided by law. Section 207.1~1 Exemption allowed disabled invalids, a~ged anc~Sir~gle p..a.?~nt~s w.i~h mino'r ' depend~ts All disabled persons physically Incapable of manual labor, single parents with minor dependents, and persons sixty-five ($5) years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of one thousand dollars ($1,000.00) shall be allowed to engage in any business or occupation in Indian River County without being required to pay for a license, except that his exemption shall not apply to any of the occupations specified In section 207.28 (dance halls, variety exhibition, etc.) and 207.30 (fortunetellers, claivoyant, etc.) The exemptions from taxes provided by this section shall be allowed only upon the certificate of the county physician, or other reputable physician, that the applicant claiming the exemption is disabled and unable to perform manual labor, the nature and extent of the disability being specified therein, and in case the exemption is claimed by a single parent with minor dependants, or a person over sixty-five (65) years of age, proof of the right to the exemption sha~l be made. Any person entitled to the exemption provided by this section, shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. § 36.43 VERO BEACH CODE Secs. 36.43--36.49. Reserved. ARTICLE V. PA18.ADES; ASSEMBLY IN STREETS Sec. 36.50. Permit required. It shall be unlawful to sponsor, organ/ze, or participate in any parade or assembly in a city street Or right-of-way without a permit issued pursuant to this chapter. (Ord. No. 86-35, 114-86)' , Sec. 36.51. Application procedures. An applicant for a permit to parade or assembly in a city street or right-of, way shall submit to the city manager an application for permit at least 60 days prior to the event; provided, however, that the city manager may waive the .6~ay period £or good cause shown. The following information shall be provided by the applicant: (1) The name and address o£the sponsor and, in the case ora corporate sponsor, the name and address of an individual agent or officer of the corporation. (2) The type o£ event requested, and a list of all activities and concessions. (3) The proposed date, hours, and location and route of the event. (4) The expected number of participants and spectators. (Ord. No. 86-35, 11-4-86) Sec. 36.52. Requirements for iesuax~ce of permits. The city manager shall issue permits as applied for to a qualified applicant- Prior to the issuance of a permit, the city manager may require the sponsor to provide insurance, cash or bond to be used in the event the sponsor fails to clean up the location, and also may require advance payment for costs to be borne by the city for additional security, tral~c control~ or other services as required. The city manager shall consider the nature and size of the event in determining whether to require insurance, bond, or cash payment. (Ord. No. 86-35, 11-4-86) Sec. 36.53. Exercise of rights of free speech. Notwithstanding any other requirements of this article to the contrary, no person seeking to exercise rights of free speech by parade, assembly or similar gathering shall be required to take any action other than apply for and receive a permit from the city. Such application may be filed with the city manager at any time prior to the schedule event; however, the parade or assembly shall not be permitted without a permit. The city manager shall grant the permit as soon as practicable after a completed application is received and a determination is made that the centempla'~d activity will not have a substantially and clearly adverse effect on the public health, safety, or welfare. (Ord. No. 86-35~ 11-4-86) Supp, No. 12, 10~'7 [The next page is 811] Juvenile Justice Council of Indian River County Individual Mailing List Name & Address Anderson, Chickie 130] Jonathan's Trail Veto Beach, FL 32963 Agency Health and Rehab Services CRC ~ Dist. # 9 PSPT Phone (407) 231-6488 Anderson, Margaret 2145 14th Avenue Veto Beach, FL 32960 Public Defender (407) 770-5080 Amis, Bill 2300 3rd Court, Suite C Vcro Beach, FL 32960 New Horizons (407) 778-7217 Balsinger, James, B., Judge Indian River Co. Courthouse 2145 t4th Ave. Veto Beach, FL 32960 County Court Judge (407) 770-5070 Barrett, Soren, Ph.D. 3975 20th St., Ste. G Vero Beach, FL 32960 Center for Counseling & Psych. (407) 569-3 ! 00 Bissell, Sue Sub. Abuse Counselor 1990 25th St. Vero Beach, FL 32960 Indian River Co. School Board (407) 56%7165 Black. Jim Outpatient Director 2300 3rd Court, Ste. C Veto Beach, FL 32960 New Horizons of the Treasure Coast (407) 778-7217 Bradford, Henry, Pres. and CEO 1717 Indian River Blvd. Vero Beach, FL 32960 Citrus Bank (407) 778-4100 Burke, Cheryl Ann, MSW, CF. AP 2001 19th Pl. Ste. 207B Vero Beach, FL 32960 Substance Abuse Council of IRC (407) 770-4811 Burton. Jane, Bio-Services 2501 27th Ave. A-6 Veto Beach, Fl. 32960 Alternative F. ducation Program (407) 569-2284 Bush, Ray 1.627 N. US 1 Sebastian, FL 32958 Vero Beach Sun (407) Callahan, Patricia 1725 17th Ave. Vero Beach, FL 32960 Dir. Vero Beach Rec. D~pt. (407) 770-6517 Chapp, Jeanine R.N. 330 E. Waverly Place 8A Vero Beach, FL 32960 Cook, Dan, Detective 1055 20th St. Vcro Beach, FI 32960 Coyle, .lane R. 1550 24th St. Veto Beach FL 32960 CraR, Jenny 860 20th Avenue Veto Beach, FL 32962 /Dappen, Don, Lt. 1055 20th St. Vero Beach, FL 32960 Davies, Mary Ellen Prevention/lnterven.tion 1990 25th St. Veto Beach, FL 32960 Davis, Keith 2145 14th Avenue Veto Beach FL 32960 DclOrosso, Millie Sub. Abuse Soc. Wrk. 1707 16th Street Veto Beach, Fl 32960 t! DeTota, Marion, Fin. Off. 1717 Indian River Blvd. Veto Beach; FL 32960 Dion, Rim 2001 19th Pl. Vero Beach, FL 32960 /Eastridge, Rob i 436 Old dixie Hwy. Vero Beach, Fl 32960 Eckhardt, San&a, Exec. Dir. Box 2252 VeroBeach, FL 32961 Edwards, Leonard, Director P.O. Box 2766 Vero Beach, FL 32960 Edwards, Wendy 1436 Old Dixie Veto Beach, FL 32960 Savannas Hospital Vero Beach Police Dept. MSSS, ACSW IRC School Board Attendance Officer Vero Beach Police Dept. Indian River Co. School Board Public Defender Vero Beach High School Citrus Bank Youth Guidance HRS Mental Health Association Headstart - Douglas Center E.O.C. of IRC HRS - TASC (407) 486-3006 (407) 562-4352 (407)778~7401 (407)567-6370 (407)77G5528 (407)567-4623 (407) 778-7401 (407) 56%7165 (407)77~5080 (407) 778-7067 (407) 778-41 O0 (407) 770-5048 (407)770-6746 (407)569-9788 (407) 589-8008 (407) 770-6746 Ewert, Eugene, Sr. Sgt. 225 Main St. Sebastiian, FL 32958 Foster, Annie Grace 1600 ! 9th St. Veto Beach, FL 32960 Gabbard, James, Chief of Police 1055 20th ST. Vero Beach, FL 32960 v/Gage, Ray Detective, Juvenile Div. 4055 41st Ave. Vero Beach, FL 32960 Galladhay, Geni 2001 19th Pl. Vero Beach, FL 32960 Galanis, Sonia 1436 Old Dixie Hwy. Veto Beach, FL 32960 ,/Gieiow, Melinda 3740 I st Street SW Vero Beach, Fl 32968 Godwin, Mark 2185 2nd St. Rm. 229 Ft. Pierce, FL 34950 Gollery, Tom, Dr., Principal P.O. Box 207 8895 US I Wabasso, FL 32970 Hogan, Mary, Lt. Invest. Division 4055 41 st Ave. Vero Beach, FL 32960 Hudson, A. Ron, Dr. Hughes, Dylan - SRO 4055 41 st Ave. Vero Beach, FL 32960 .Hudgons, Janet, - Supv. 8243 U.S. Hwy. 1 Port St. Lueie, FL 34952 Hurt, Bill 1422 Old Dixie Highway Vero Beach, FL 32960 Sebastan Police Dept Vero Beach Junior High Drop-out Prevention Veto Beach Police Dept. IRC Sheriff's Dept. Youth Manor of Indian River Co. HRS IRC Probation IRC School Board Court Adminstrator Wabasso School IRC Sheriff's Dept. Treasure Coast Private Industry Council IRC ShcriWs Dept. New Horizons CORE (407) 589-5233 (407) 770-5500 (407) 778-7401 (407) 569~6700 (407) 778-2619 (407) 770-6746 (407) 567-7165 ext. 234 (407) 467-1472 (407) 589-4140 (407) 569-6700 (407) 562-0700 (407) 569-6700 (407) 340-2888 (407) 567-1282 Jenkins, .lames Box 2252 Veto Beach, FL 32960 Judge, Jim 1840 25th St. VeroBeach, FL 32960 Kanarek, Paul, B., Judge Indian River Co. Courthouse 2145 14th Ave. Veto Beach, FL 32960 Keeling, Michelle P.O. Box 2822 Veto Beach, Fl 32960 Y . Kent, Thomas. Chief of Police P.O. Box 39 Fellsmere, FL 32948 King, Douglas, Dr., Principal ] 707 16th St. Vero Beach, FL 32960 King, Ivy Prevention/Intervention Specialist 1990 25th St. Veto Beach, FL 32960 Kline, Jean 1900 27th St./2nd Floor Veto Beach, FL 32960 Konst, Sylvia Administrative Dean 1707 16th Street Vero Baech, FL 32960 Koziel, Gerard 1000 37th Ave. Vero Beach, FL 32960 Krages, Debra City Clerk 22 S. Orange St. Fellsmere, FL 32948 Krupp, John 1840 25th St. Room 118 V. ero Beach, FL 32960 LaPointe, Howard, Principal 50 N. Cypress St. Fellsmere, FL 32948 Gifford Progressive League IRC School Board Emergency Services of IRC Circuit Court Judge Children's Advocate - Safespaee Fellsmere Police Dept. Veto Beach High School Indian River Co. School Board IRC PHU Vero Beach High School Indian River Memorial Hospital City of Fellsmere - City Council IRC Probation Fellsmere School (407) 567-5247 (407) 567-2154 (407) 770-5052 (407) 569-7233 (407) 571-1361 (407) 778-7021 (407) 567-7165 (407) 778-6335 (407) 778-7030 (407)5674311 (407)571-0116 (407)56%8000 ext. 316 (407) 571-0110 Lear),, Patrick D., Gen. Mgr. 7735 County Rd. 512 Fellsmere, FL 32948 Livings, Rosemarie Atten./Student Assignment 1990 25th St. Vero Beach, FL 32960 Lockhart, Bob 1201 Main Street Sebastian, FL 32958 Macht, Ken 1RC Courthouse 2145 14th Ave, Veto Beach, Fl 32960 Martin, Milton 1053 29th Str~t Veto Beach, FL 32960 Mattel, Maufie 39 Plantation Dr. # 102 Veto Beach, FL 32966 Bond, Bob Druyea, Bill Hingston, Bill Maynard, Deborah, - Investigator 1201 Main St. Sebastian, FL 32958 McKenzie, Jeanette 4175 45th Lane Veto Beach, FL 32967 Melvin, Veto H. L., Prog. Oper. Admin. Delinq. Services 1802 Okeeehobee Rd., Ste C Ft. Pierce, FL 34950 Moore McKenzie, Aquila 4331 35th Ave. Gilford, FL 32967 Mora, Ralph Ph.D. Clinical Psychologist 1717 20th St., Ste. C yero Beach, FL 32960 Norris, Gary, Dr. Superintendent of Schools 1990 25th St. Veto Beach, FL 32960 Sun Ag., Inc. (Fellsmcre Farms) Indian River Co. School Board Sebastian Police Dept. Children's Services Veto Beach Police Dept. DARE DARE DARE DARE Sebastian Police Dept. Indian River National Bank HRS District 15 Moore Pre School Indian River Co. School Board (407) 571 - 1204 (407) 567-7165 (407) 589-5233 (407) 567-8000 ext. 490 (407) 778-7483 (407) 778-9475 (407) 778-9475 (4O7) 589-5233 (407) 569-3784 (4071595-1318 (407) 569-2147 (407)567-6523 (4071567-7165 Olson, Donna - Exee. Dir. Student Support Services 1990 25th St. Veto Beach, FL 32960 Parker, Lloyd 1840 25th St. Vero Beach, FL 32960 Peak, Melva HRS Investigator 1436 C Old Dixie Hwy. Vero Beach, Fl 32960 Petty, Earl 1225 Main Street Sebastian, FL 32958 Price, Judy L., HRS Investigator 1436 C Old Dixie Hwy. Veto Beach, FL 32960 Pringle, Allen 2501 27th Ave. Suite 6 Veto Beach FL 32960 Quinones, Jose 1436 Old Dixie Hwy. Vero Beach FL 32960 Re. dstone, Dawn 1190 37th St. Veto Beach, FL 32960 Ripkey, Chaflie 1436 Old Dixie Yero Beach FI 32960 Robinson, Deb P.O. Box 7006 Vero Beach, FL 32961-7006 Robinson, Peter P.O. Box 7006 Vero Beach, FL 32961-7046 Rocke, Margaret (Peg) 2208 Nevarra Avenue Veto Beach. FL 32960 Sanders, James, PhD 2501 27th Avenue Suite F4 & 5 Veto Beach, FL 32960 Indian River Co. School Board IRC Emergency Medical Services Child Protective Services Chief- Sebastian Police Dept. Child Protective Services Institute of Substance Abuse Reaseareh I-IRS Psychiatric Institute of Vero Beach HRS Delinquency The F_xlueafionFoundation The Education Foundation Substance Abuse Council Christian Coun. Services (407)567-7165 (407) 567~8000 (407) 770-6727 (407)589-5233 (407)770-6727 (407)569-3121 (407) 770-6746 (407)5634666 ext. 1861 (407) 770-6746 (407) 234-4106 (407) 234-4 108 (407) 234-4106 (407) 234-4 108 (407) 569-5268 (407) 569-0907 Simon, Elanor J. 3370 Buckingham Trail Vero Beach, FI 32960 Smith, Charles, F., Judge Indian River Co. Courthouse 2145 14th Ave. Veto Beach, FL 32960 Smith, Leroy C.O.P.E. Prog. 4055 41St Ave. Vcro Beach, FI 32960 Smith, Mark - SRO 4055 4 ] st Ave. Vero Beach, FL 32960 Starrett, Judie, Exec. Dir. 900 27th St./2nd Floor Veto Beach, FL 32960 Swanson,Al 1436 Old Dixie Hwy. Veto Beach, FL 32960 Swanson, Bonnie Pre-K/Eiem. Programs 1990 25th St. Veto Beach, FL 32960 Tardi, Charlene 1990 25th St. Vero Beach, FI 32960 Thompson, Linda - Teacher 1600 19th St. ' Vero Beach, FL 32960 Tucker, Julie 2274 N. US Hwy I Ft. Pierce, Fl 34946 Turner, Barbara Box 2252 Veto Beach, FL 32960 Turner, Timothy I. IRC Courthouse/Juvenile Div. P.O. Box 1028 Veto Beach, F1 32961 Trujillo, Thane E., 149 Empire Terrace Sebastian, FL 32958 Substance Abuse Council Circuit Court Judge IRC Sheriff's Dept. IRC Sheriff's Dept. Healthy Start Coalition laiRS Indian River Co. School Board indian River Co. School Board Drop-out Prev./ESOLtChapter i Vero Beach Junior High School Resource Teahcer Teen Parenting Children's Home Society Treasure Coast Div. Mental Health Association I~puty Clerk Treasure Coast Counseling & Psych. (407) 567-1181 (407) 569-7905 (407) 770-5054 (407) 569-6700 (407) 569-6700 (407) 563-9118 (407) 770-6746 (407) 567-7165 (407) 567-7165 (407) 770-5500 (407) 433-0010 (407)569-9788 (407) 567-8000 ext. 503 (407) 778-3458 (407)589-2833 Vames, Ed, Sale Mang. 635 NW lnterprise Drive Ft. Pierce, FL 34950 Voeelle, Louis B., Judge 218 S. Second St. Ft. Pierce, FL 34950 Waterman, Bill 460 10th Pl. $.W. Veto Beach, FL 32962 Weiss, Jill, 0., M.S. ESE Adm. Bldg. 1901 S. llth St. Ft. Pierce, FL 34950 Wheeler, Gar3', Sheriff 4055 41st St. Vero Beach, FL 32960 Wild, Joe, Judge Indian River Co. Courthouse 2145 14th Ave. Vero Beach, FL 32960 Wild, Joyce 1849 25th St. Veto Beach, FL 32960 Williams, Phillip, Sgt., SRO 4055 41st Ave. Veto Beach, FL 32960 Wilson, Lora Lea Assistant State Auomey 2102 15th Ave. Veto Beach, FL 32960 Pepsi Cola Circuit Court Judge Children's Home Society SEDNET Indian River Co. Sheriff's Dept. County Court Judge Catholic Charities IRC Sheriff's Dept. State Attorney's Office (407) 878-0770 (407) 878-1510 (407) 770-5050 (407) 567-7821 (407) 468-5390 (407) 569-6700 (407) 770-5072 (407)569-1653 (407) 569-6700 (407) 778-5060