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Home My WebLink About11201996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, NOVEMBER 20, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No pub§c input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-96-53). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 96.112 ROLL CALL WORKSROP ITEMS A. Review Proposed Stormwater Ordinance 5. ADJOURN (Workshops shouM not exceed one hour in duration) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. 0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 (561) FAX (561) 589-5570 TELEPHONE 589-5330 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225MAINSTREET, SEBASTIAN, FLORIDA Individuals shah 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-96-53) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL AGENDA MOD13FICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) PROCLAMATIONS, ANNOUNCEMENTS AND/OR P, LRESENTATIONS CITY ATTORNEY MATTERS CITY MANAGER MATTERS 1-18 96.098 19-54 96.247 55-56 96.248 5~58 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/13/96 Workshop, 11/13/96 Regular Adopt Resolution No. R-96-89 - Option Agreement for Sale and Purchase of AGC Industrial Tract Scrub, Addendum I to Conceptual Approval Agreement, Grant Award Agreement and Purchaser's Reconciliation of Total Project Costs (Community Development Transmittal 11/14/96, R-96-89 w/Attached Agreements) RESOLUTION NO,..R~96-89 A RESOLUTION OF TttE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO INITIAL CHANGES TO THE OPTION AGREEMENT FOR SALE AND PURCHASE FOR THE AGC INDUSTRIAL TRACT SCRUB; AUTHORIZING THE MAYOR TO SIGN AND TI-IE CITY CLERK TO ATTEST ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, GRANT AWARD AGREEMENT, AND PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS FOR THE PURCHASE OF THE AGC INDUSTRIAL TRACT SCRUB; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITYi~ AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager to Enter into Agreement with L.A.W. Publications - Printed Materials for Police Department Presentations - Anti-Drug/Crime Prevention/Crimes Against Elderly - Requires Letter of Introduction from Chief on Department Stationary (Chief White Transmittal 11/6/96) ,. Do Thursday Nite Bridge - Small Christmas Party During Regular Bridge - 12/12/96 or 12/19/96 - A/B - DOB Verified (City Clerk Transmittal 11/15/96 2 96.137 59-65 96.127 6~72 10. PUBLIC HEARING Procedures for public hearings: (R-96-53) Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input - Limit of 10 Minutes Per Speaker Staff Summation Mayor Closes Hearing Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, Podium and State His/Her Name for the Record Yfhen Called go to the Second Reading Public Heating and Final Adootion of Ordinance No. 0-96-31 - Mayoral Election - Proposed Charter Revision (0-96-31) ORDI2qANCE NO. 0-96-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE II OF TIlE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY ODD NUMBERED YEAR; PROVIDING FOR TIffE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAiD ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading Public Hearing and Final Adoption of Ordinance No. 0-96-32 - Airport Leases - Forty Years - Proposed Charter Revision (O-96-32~ ORDINANCE NO, 0-96-32 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE I OF ~ CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY, FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING TI-IE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF TI-IE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE ~ SUPERVISOR OF ELECTIONS OF iNDiAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 96.249 73-80 96.112 96.234 81-83 11. 12. 13. 14. COMMITTEE REPORTSfRECOMMENDATIQN$ A. Planning and,Zoning Commission Interview - Recommendation to Reappoint Kelly Mather (Sole Applicant) to Three Year Term to Expire 11/1/99 (Community Development Transmittal 11/13/96, Mather Application, P & Z Memo 11/8/96) OLD BUSINESS NEW BUSINESS Ao First Reading of Ordinance No. O-96-33 - Stormwater Utility - Set Public Hearing for 1/~6 (Backup Forthcoming) ORDINANCENO. O-96-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW CHAP~R OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "STORMWATER LrrILITY SYSTEM CODE"; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND PURPOSE; PROVIDING FOR TI~ CREATION OF A CITY STORMWATER MANAGEMENT PROGRAM; CREATING STORMWATER MANAGEMENT SYSTEM BENEFIT AREAS; PROVIDING FOR THE nVIPOSITION OF FEES; ESTABLISHING WITHIN THE CITY PROCEDURES FOR THE COLLECTION OF STORMWATER FEES; ESTABLISHING A STORMWATER UTILITY TRUST FUND; PROVIDING A PROCEDURE FOR APPEAL; PROVIDING AN EXEMPTION FOR GOVERNMENTAL AGENCIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Compensation to Golf Professionals for Golf Lessons at Sebastian Municipal Golf Course (City Manager Transmittal 11/14/96, Compilation of Hours and Lesson Revenues) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda- limit of ten minutes for each speaker 4 i '1 I I I I I I I I I I i I i I I i City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589~5570 MINUTES SEBASTIAN CITY COUNCIl. WORKSHOP WEDNESDAY, NOVEMBER 13, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwfight called the Workshop to order at 6:00 p.m. The Pledge of Allegiance was recited. City_ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norrna Damp Mr. Raymond Halloran Staff.Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City_ Council Absent: Mr. Richard Taracka (excused) City Council Workshop November 13, 1996 Page TWO 96.150 WORKSHOP ITEMS A. Review Resolution No. R-96-87- OuasMudicial Procedures fR-96-87) MOTION by Cartwright/Halloran I'd like to move that we allow public input here at tonight's workshop. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - absent Mrs. Camvfight - aye MOTION CARRJED 4-0 The City Attorney reviewed some minor changes to the resolution suggested by Mayor ": Cartwright and Mr. Halloran. (See revised resolution attached). '~:' Mayor Cartwright inquired about whether extensions of site plans, etc. should be treated as quasi-judicial. The City Attorney said each issue would have to be treated on a case by case basis and that modifications can be made by the City Attorney or at the request of the Mayor or presiding officer. Carl Fischer, Planning and Zoning Commission, asked if reference to the Mayor also refers to board chairpeople. The City Attorney said it does. Being no further business, Mayor Cartwright adjourned the Workshop at 6:15 p.m. Approved at the Regular City Council Meeting. Louise R. Canwright, Mayor Kathryn M. O'Halloran, City Clerk City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 13, 1996 - 7:00 P.M. CITY COUNCIL ~ERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. The invocation was given by Chaplain Frank Camillo. City_ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran St~ffPre~ent; City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Police Captain, David Puscher Deputy City Clerk, Sally Maio City_ Council Absent: Mr. Richard Taracka (excused) Regular City Council Meeting November 13, 1996 Page Two 96.235 AGENDA MODlleICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) The City Manager requested withdrawal of item 10 A - Resolution No. R-89-86 to be rescheduled at a later date. MOTION by Cartwrlght/Halloran I move to pull item 10 off.the agenda at the request of the City Manager's request. ROLL CALL: Mr. Halloran - aye Mr. Taracka - absent Mrs. Cartwright - aye Mr. Bames - aye Mrs. Damp - aye MOTION CARRIED 4-0 PROCLAMATiONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificate to Employee of the Quarter Mayor Cartwright read a brief biography and presented a certificate to Employee of the Third Quarter, Officer Tom Poore. CITY ATTORNEY MATTERS None. CITY MANAGER MATTERS The City Manager announced the Police Department has a boat on loan indefinitely from the Marine Patrol; and reported the city had received a Florida Urban and Forestry tree grant in the amount of $2400. Regular City Council Meeting November 13, 1996 Page Three 96.151 96.120 96.236 96.237 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 10/15/96 Special Meeting, 10/16/96 Special Meeting, 10/23/96 Regular Meeting Adopt Resolution No. R-96-85 Granting an Additional Sixty Day Extension to Falcon Cable Franchise (City Manager Transmittal 11/4/96, R-96-85) RESOLUTION NO~ R--96--85 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION :.. FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIM]~ IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Expenditure of $7,448.72 for Council Chambers Sound and Recording System - Central Audio Visual, Inc. - Ft. Lauderdale - Piggyback Broward County School Board Contract (Purchasing Agent Transmittal 10/28/96, Quote, Warranty, Reference and Equipment Description) Do Approve Consolidated Continuous Preventative Maintenance Programs for Mita Copiers - EGP, inc. for Cost Saving (Purchasing Agent Transmittal 10/21/96, Service Cost Comparison) Approve Purchase - Public Works - Bobcat Model 325 Excavator from Melroe Government Sales - GSA Contract - $27,593 (Public Works Transmittal 11/6/96, Quote, Budget Sheet) Regular City Council Meeting November 13, 1996 Page Four 96.238 F. 96.239/ G. 96.240 96.099 H. 96.241 I. 96.242 J. Approve Purchase - Public Works/Engineering - Ford Fl50 ½ Ton Pickup Truck - Don Reid Ford, Maitland -Piggyback Florida Sheriffs Association Contract - $14,098 (Public Works Transmittal 11/7/96, Don Reid Quote, Bid Award Announcement FL Sheriffs Association, Budget Sheet) Authorize Staffto Proceed with Solicitation of Bids for an Annual Contract for Aquatic Weed Control and Culvert Pipe Replacement (City Manager Transmittal 11/4/96, Hill Letter 11/4/96) Authorize City Manager to Execute Agreement with Mechanical Engineers Ralph Hahn and Associates, Inc. to Correct Police Dept. HVAC Problems - Lump Sum of $38,370 (City Manager Transmittal 11/6/96, Proposed Agreement) Peeler - Community Center Rental - Wedding Reception - 12/14/96 - 4 pm to 8 pm - Request - Security Pd. - DOB Verified (City Clerk Transmittal 11/1/96, Application) Rocha - Community Center Rental - Anniversary Party - 11/30/96 - 8 pm to 1 am - A/B Request - Security Pd. - DOB Verified (City Clerk Transmittal 11/4/96, Application, R-94~50 Pg 2) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R- 96-85 by title. The City Manager noted that Engineering is repeated in item D and that one of those references should be to Community Development for the same dollar amount, them is a one year warranty on item E, and that a minor correction has been made to item H. Cartwright removed item G, J and C. MOTION by Bames/Halloran I'll make a motion to approve items A, B, D, E, F, H, and I of the consent agenda. 4 Regular City Council Meeting November 13, 1996 Page Five ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - absent -~e -~e -~e MOTION C~D 4-0 ~em C-Sound Sy~em Kerry Antley, Central Audio Visual, Inc., described the system to City Council. He said once the purchase order is received, the installation will take place in three to four weeks. MOTION by Cartwright/I-Ialloran I move to approve item C of the consent agenda. ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka - aye - aye - aye - absent MOTION CARRIED 4-0 Item G - Aquatic Weed Control and Culvert Installation Martha Winninger, 106 Thunderbird Drive, Sebastian, discussed the need for bid for a new aquatic weed control contract and recommended better specifications in the bid and better monitoring. She then discussed the removal of culvert pipe adjacent to her property by FPL at the request of the former City Attorney without a St. Johns permit and described the resulting condition of the waterway. She asked that the culvert pipe be replaced. The City Manager gave a brief background on the removal of the culvert pipe by FPL. Regular City Council Meeting November 13, 1996 Page Six John Hill, Craven Thompson, said the aquatic weed control contract will be based on performance and require reporting by the contractor; and in regard to the culvert, he said the city could put in series of culverts to raise the water elevation TAPE I - SIDE II (7:35 p.m.) or put in a low water earthen dam as a temporary solution until such time as the Elkcam is repaired. The City Manager reminded Council the recommended annual contract for culvert pipe replacement is not tied to any specific area. Mr. Barnes requested ballpark figures on the two options for the culvert pipe. Mr. I-~ said the low water dam option would be approximately $10,000 with an additional $5000 to dig out the rest of the fill, however, the four 72" culvert pipes may be much more expensive. Mrs. Winninger requested if there is extra money in the St. Johns grants, the culvert pipes be installed. Mayor Cartwright requested a comparison and recommendation report back to City Council. Mr. Hill said he can bring back a cost estimate by the December 11 meeting. MOTION by Cam~ghtfBames I move to approve item G of the consent agenda. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - absent Mrs. Cartwright - aye MOTION CARR~D 4-0 6 Regular City Council Meeting November 13, 1996 Page Seven 10. 96.243/ 96.075 Item I - Rocha Community_ Center The City Clerk said previous Councils had not approved use past midnight. MOTION by CartwrighffI-Ialloran I move to approve item J of the consent agenda. ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwri~t Mr. Barnes - aye - absent - aye - aye MOTION CARRIED 4-0 OUASI-J'UDICIAL HEARING Ouasi4udicial Hearing and Adoption of Resolution No. R-96-86 - Approval of Minor Subdivision Known as Barber Street Dedication and Acceptance of Plat (CommuniW Development Transmittal 11/7/96. StaffRermrt. R-96-8~ RESOLUTION NO. R-96-86 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A M/NOR SUBDIVISION KNOWN AS THE BAKBER STREET DEDICATION; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PLAT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. This item was previously withdrawn and will be rescheduled. 7 Regular City Council Meeting November 13, 1996 Page Eight 96.009 96.244 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Riverfi'ont Advisory_ Committee I. Pro_cress Report (Community_ Development Transmittal 11/6/96. Report) Tom Collins, Chairman of the Riverfront Committee, gave a progress report on behalf of the committee. Mayor Cartwright asked for a time frame on the sidewalk and the Director of Community Development said he will make a phone call tomorrow. B. Tree Advlso~ Board Interview and Appoint Two Alternate Members Pursuant to 0-96-27 (Communitv~. Development Transmittal 11/6/96~ Six Applications. Tree Board Memo 11/6/96. Sec.. 10 ofR-94-51. Pg 1 of O-96-27] City Council interviewed Ann Putman, 563 Cross Creek Circle, Sebastian and David Cox, 1740 Arch Court, Sebastian. MOTION by Damp/I-Ialloran I would like to make a motion to recommend Ann Putman for the two year tenn. ROLL CALL: Mr. Taracka - absent Mrs. Cartwright - aye Mr. Barnes - nay Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 3-1 (Barnes - nay) Regular City Council Meeting November 13, 1996 Page Nine MOTION by Cartwright/Barnes I move to appoint David Cox to the one year tenn. ROLL CALL: Mr. Halloran - aye Mr. Taracka - absent Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 4-0 .~ 12. OLD BUSINESS 96.123 A. Sebastian River Area Historical Society Re'~ City Buildin~ at Main and U.S. 1 (15 Arlene Westphal and Joan Kostenbader, Sebastian River Area Historical Society, gave a brief pr_e, sentation on the history of the subject building which was completed in 1957 as the City s first City Hall, Fire Department and Police Department and requested support for its use as a museum. Harry Thomas, 654 Balboa Street, Sebastian, objected to the Historical Society taking over the building, inquiring whether they are asking taxpayers to Pay to renovate the building. Bob Freeland, 733 Wentworth Street, Sebastian, inquired whether the Mayor had negotiated a lease for the building with the Historical Society and the Chamber. She said she had not. Ruth Sullivan, Indian River Drive, Sebastian, urged approval of the use by the Sebastian Historical Society and Chamber of Commerce. TAPE II - SiDE I (8:24 p.m.) Mayor Cartwright called recess at 8:25 p.m. and reconvened the meeting at 8:38 p.m.. All members at roll call were present when the meeting was reconvened. Regular City Council Meeting November 13, 1996 Page Ten 13. NEW BUSINESS 96.112/ A. 95.098 Approve Proposed Supplemental A_m'eements for Engineering Works for Fiscal Year 1996-97 bv Craven Thompson and Associates (.Ciw Mana~r Transmittal 11/6/9.6. Hill Letter 10/21/96. Supplemental Agreements 7 - 11) The City Manager gave a brief explanation of each proposed supplemental agreement and recommended approval. Mayor Cartwright inquired whether there was an option to piggyback with Indian River County on supplement #8, while they are surveying for water north of Barber. John Hill said it was a viable option and if directed he would pursue it. MOTION by Halloran/Barnes I move to approve engineering supplement agreements 7 through 11 with Craven Thompson and Associates and authorize the City Manager to execute said agreements on behalf of the City Council. i '1 I I I I I I i I I I I I I I I I I ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - absent MOTION CARRIED 4-0 96.245 B. Side Yard Swale Culvert Installation (Ci~ Manager Transmittal. 11/4/96. City_ Manager Memo 8/20/96. Craven Thompson Report on File in Ci~ Clerk's Office) The City Manager gave a brief presentation on the installation program which has had a moratorium imposed since 1995, recommended not proceeding as was initially set up and sought direction from Council. l0 Regular City Council Meeting November 13, 1996 Page Eleven The City Manager said twelve property owners had entered into agreements which had not been executed by the City since the work had not yet been scheduled. j.R. Richardson, 1073 Gardenia Street, Sebastian, asked what property owners are to do now and what happens to the money. Jack Good, 387 Main Street, Sebastian, said he paid for the permit in 1995 and then never received a straight answer from the City. He asked what the city was going to do. Don Coblentz, 381 Main Street, Sebastian, said he paid his deposit nineteen months ago and has not been told until a few weeks ago that nothing was going to be done. Joseph Walker, 809 Cain Street, Sebastian, reiterated that he had the same problem. John Hill, Craven Thompson and Associates, said there is a definite need to do something, noting the original GDC design did not anticipate the amount of fill that is used for septic tanks. He said that some of the twelve are major outfalls and that at least three of the subject properties will be part of the overall stormwater program. Mayor Cartwright asked if all of the properties can be incorporated when the stormwater project gets into each of those areas. John Hill said they can be incorporated and that it is just a matter of Council allocating the funds when the time comes. The City Manager suggested looking at alternative pipe types. Mr. Halloran agreed he'd like to see these merged in with the stormwater plan. Mayor Cartwright said she would like to see the work done no later than two years from now and a that a report be brought back within 60 days. Mr. Hill reminded Council that funds will need to be allocated. The City Manager said he would like to come back to Council with a reallocation analysis within 60 days. Mr. Barnes reiterated that this work will not include the four major outfalls. Mr. Hill said the cost analysis was based on concrete and HDPE pipe. He said the overall cost would be approximately $40,000 for the eight projects. 11 Regular City Council Meeting November 13, 1996 Page Twelve The City Manager said in the case of major outfalls, the responsibility for ditch maintenance should not be put on the property owner. TAPE II - SIDE II (9:25 p.m.) 96.150 C. Adopt Resolution No. R-96-87 - Ouasi-ludicial Procedures .(R-96-87~ RESOLUTION NO. R-96-87 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; SETTiNG OUT RULES; DESIGNATING THE CO~S OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULiNGS; PROVIDiNG FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-87 by title. Mayor Cartwright noted that the resolution was amended at tonight's workshop. MOTION by Bames/Halloran I'll make a motion to adopt Resolution No. R-96-87 as amended, quasi-judicial procedures. Mayor Camvfight requested that a copy of the resolution be distributed to board secretaries. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - absent Mrs. Canwright - aye Mr. Barnes - aye MOTION CARRIED 4-0 12 Regular City Council Meeting November 13, 1996 Page Thirteen 96.246 D. Adopt Resolution No. R--96-88 - Golden Horn Aviation. Inc. Airport Lease (City_ Manager Transmittal 11/6/96. R-9648LProposed Lease_A~eemen~ RESOLUTION NO. R-96..-.88 A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AND CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN AIRPORT LEASE AGREEMENT BETWEEN ~ CITY OF SEBASTIAN AND GOLDEN HORN AVIATION, 12qC. (FORMERLY JACOBSEN AIR-AG, INC.); PROVIDRqG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS 12q CONFLICT H~EREWlTH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-88 by title. The City Manager had previously distributed a revised proposed lease and gave a brief explanation of the changes and the effect of the lease. MOTION by Barnes/Damp I'll make a motion to adopt Resolution No. R-96-88 for Golden Horn Aviation, Inc. airport lease. ROLL CALL: Mr. Halloran - aye Mr. Taracka - absent Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 4-0 13 Regular City Council Meeting November 13, 1996 Page Fourteen 96.032 E. 14. Request by Skydive Sebastian for City_ to Provide Cost for Additional Driveway (City_ Manager Transmittal 11/4/96_ Grimwade Letter 10/10/96) MOTION by Cartwright/Halloran I move to support staff's recommendation that we deny the request. ROLL CALL: Mrs. Cam, night - aye Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - aye Mr. Taracka - absent MOTION CARRIED 3-1 (Damp - nay) INTRODUCTION OF NEW BUSINESS FROM TIlE PIJBLIC Which is not otherwise on the agenda - limit of ten minutes for each speaker Charles Silva, 414 Tulip Drive, Sebastian, recommended volunteers count where boat trailers parked at Cavcorp are coming from. The City Manager said growth will continue and that perhaps the Council needs to press the issue with the Indian River and Brevard County Commissions to look at additional boat ramps in Indian River and Brevard. Bob Freeland, 733 Wentworth Street, Sebastian, distributed backup and requested that if approved, the mayoral election charter amendment be implemented in 1998 rather than 1999 as in the previous charter. Martha Winninger, 106 Thunderbird Drive, Sebastian, asked whether the City Manager had contacted the County regarding maintenance of fire hydrants; suggested that policies be established regarding staffremmg phone calls, responding to letters, designating chain of command on weekends, and staff calling in pothole locations; reported bad road conditions on Greenbrier and Gulfstream; suggested a master list for contracts; recommended no taxpayer money be used for charitable organizations; and objected to council chairs being purchased. 14 Regular City Council Meeting November 13, 1996 Page Fifteen 15. CITY A. COUNCIL MATTERS Mrs. Norma Damp None. Mr. Raymond Halloran None. Mr. Richard Taracka None. Mayor Louise Cartwri~t Mayor Cartwright said she had asked for the proposed charter revisions to be brough~ back for review by Council; said she was opposed to the Mayor question; said the City Manager does relay information back to City Council and designates a person on the weekends if he is going to be away. The City Manager said he is a resident of Indian River County and intends to move his family here. Mayor Cartwfight said it was the consensus of City Council to change the numbers fi.om two Council and one Mayor and then two Council to make it better as was recommended by the former City Attorney. She noted Council does not intend to buy new Council chairs. Vice Mayor Walter Barnes Vice Mayor Barnes thanked the City Manager for the new fish cleaning table, to which the City Manager responded thanks should go to Jerry Converse who constructed it; TAPE 1211 - SIDE I (10:10 p.m.) expressed concern for Falcon problems, suggesting Falcon notify people when they are going to shut down the system to do work on it; discussed problems with tree ordinance compliance; and gave the City Manager photos of proposed City limit signs. 15 Regular City Council Meeting November 13, 1996 Page Sixteen 16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 10:15 p.m. Approved atthe ,1996, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Hallorart, CMC/AAE City Clerk 16 City of Sebastian I 1225 MAIN STREET ~! SEBASTIAN, FLORIDA 32958 TELEPHONE 1407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Revisions toAGC Industrial Tract Scrub purchase documents Approval for Submittal By: City Manager ~e~. ) ) ) ) ) ) Date Submitted: ) _.__For agenda Of: Agenda Number: ~-C '~ Dept. Origin: Community Dev. (RM) 11114/96 11/20,!96 Resolution R-96-89 Option Agreement Addendum I to CAA Grant Award Agreement Purchaser's Reconciliation (/ ) Exhibits: ) 1. ) 2. ) 3. ) 4. ) 5. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On July 24, 1996 the City Council approved the County/Florida Community Trust Conceptual Approval Agreement regarding the purchase of the AGC Industrial Tract Scrub. The expiration date of the option agreement is being extended to December 31, 1996. In addition, thence three other documents required for the closing on this property. The first is an Addendum I to the Conceptual Approval Agreement that extends the date of the of the CAA previously approved by the City to allow time for the closing. The second is a grant award agreement that is recorded at the time of closing and spells out the County's management commitments to the Flodda Community Trust. The third document is a Purchaser's Reconciliation of Total Costs which provides a break down of the costs to be paid by the County and the Flodda Community Trust at closing. The County is buying the land with the environmental land bond funds and will be responsible for the management of the property. The City's approval of the above documents is required by the Flodda Community Trust because the property is located within the City limits. There is no cost to the city. RECOMMENDED ACTION Approve Resolution R-96-89 authorizing the Mayor to initial the changes to the option agreement and the Mayor to sign and the City Clerk to attest Addendum I to conceptual Approval Agreement, the Grant Award Agreement, and the Purchaser's Reconciliation of Total Project Costs. RESOLUTION NO. R-96-89 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO INITIAL CHANGES TO THE OPTION AGREEMENT FOR SALE AND PURCHASE OF THE AGC INDUSTRIAL TRACT SCRUB; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, GRANT AWARD AGREEMENT, AND PURCHASER'S RECONCiLIATION OF TOTAL PROJECT COSTS FOR THE PURCHASE OF THE AGC iNDUSTRIAL TRACT SCRUB; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County and the Florida Communities Trust is purchasing a tract of land in the City of Sebastian known as the AGC Industrial Tract Scrub; and WHEREAS, the Florida Communities Trust requires the City of Sebastian to approve all agreements concerning the purchase of said tract; and WltF~REAS, Indian River County has requested the City to approve amendments to the option agreement for sale and purchase and to approve Addendum I to Conceptual Approval Agreement, Grant Award Agreement and the Purchaser's Reconciliation of Total Project Costs, NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. EXECUTION. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to initial changes to the option agreement to sale and purchase and to sign, and the City Clerk to attest, on behalf of the City of Sebastian, the Addendum I to Conceptual Approval Agreement, Grant Award Agreement and the Purchaser's Reconciliation of Total Project Costs. Section 2. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon final passage. EFFECTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmemeber and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka day of The Mayor thereupon declared this Resolution duly passed and adopted this __~ 1996. CITY OF SEBASIAN, FLORIDA ATTEST: By: Louise R. Cartwfight, Mayor Kathryn M. O'Halloran, CMC/A. AE City Clerk (Seal) Approved as to Form and Content: Valerie Settles ..~ity Attorney Project: AGC LN'DUSTRIAI. SCRUB Contract ~: Project #: 95-025-P56 Property. Tax I.D.#: 21303800006005 00000. I Parcel =: OPTION' AGREEMENT FOR SALE .-~N'D PURCI-L~SE THIS AGREEMENT is made this day of , 1996, between ATLANWIC GULF CONDvlU.'N1TI2ES CORPOR,-~TION, a Delaware Corporation, whose address is 2601 S. Bayshore Drive, Nfiami, Florida 33133-5460 as "Sell~', and the FLORIDA CONk-ML'NTi~S TRUST, a nonregulatory agency within the Department of Community ,-WI=airs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Tallatmssee, Florida 32399, and the CITY OF SEBASTL(Xr, a municipality within indian River County, Florida. a political subdivision within the State of Florida, whose address is 1225 Main Street, Sebastian. Flor/da 32958. and INT)L-MN' RI'VER COU~'NTY, a political subdivision of the State of Florida, whose address is 1840 25~' Street, Veto Beach, Florida 32960 (collectively referred to as "Local Government"). Acquiring .~gency and Local Government will be collectively referred to as 'Tm:chaser". 1. GRAN-F OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in Indian River County, Florida. described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this ,~greement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. ~. The option payment is S 100.00 ("Option Payment"). The Option Payment. in the form cfa state warrant, will be forwarded to Seller upon its receipt by .acquiring ,Agency from the Comptroller of the State of Florida.r,~,~'~:cr :.\.-.n Co,cbc, .31, i~3,5. The option may be exercised during the period beginning with the Purchaser's aFproval of this _Agreement and the Acquiring Agency's governing body granting _ uroject plan approval in accordance with Rule 9K-4 011, Florida Administrative Code and endin,, on 25. i~9~ ("Option Expiration Date"), unless emended by other provisions of this Agreement. I i ....... - ............ /ii ,..: 3._~ TOT.~.PU~CHASE P~ ~c total p~chase price ('~otal Purchase Pdc~") for ~c Propers FOU~ ~~D ~OUS&~d no,"100 Dollan ($400,000.00) wNcN a~ reduction bv ~e amomt of · c ~fim Pa~m~ will ~aid by Acqu~g .~cy and ~cal ~v~ent at clos~g to ~cll~ or Sellers dcsi~ated acmt w~c~ ~c r~quirmen~ o~Sccdon 25~.025. Florida Sumtcs, ~ ~ roamer set )~ ~c To~~ ~ffS= ~all bc paid to Scllc as follows:' Acqu~g Agency shall pay ~e lesser of g~gO,aGG.OG cz :09 ~ of ~c Final adjmted Total ~hasc Price for ~c Propc~ as dctcmned M accordance ~ pm~ph 3.B. (".~g .~mcys ~chase Price"), which aff~ reduction by Acqui~g Agency of ~fion Pa~m~ ~ ~ paid to Seller by state wa=ant at closing; and Local Govcmcnt shall pay ~c of S2~gO.$~ 5,~.% cftc ~I adjm~ Total ~chas~ Phc= for ~e Propc~ as detcmcd ~ accordance ~5~ p~p~3~'Z~l ~v~mt's ~hase Price' ), will be paid to Seller by Local Oove~nt check at closing. ~e ~m~ ~rchase Price is subject to adj~tment in accordance'wi~ para,pr o.B. July determination of the final Toul Purchase Price can only be made a~er the completion and approval of the ~urvey required in paratraph 5. This A~r¢¢ment is contingent upon approval of Total Pu~has¢ Acquiring .~gency's Purchase Price. and Local Govc~mmem's Purchase Pric~ by Purchaser and upon con.fianarion that the Total P~rchase Price is not in excess of the ~'mal maximum approved purchase pric.~ of the Propert3t as determined in accordance with Rule 9K-6.007, Florida Administrative Code ('~faximum Approved Purchase Price"). This .-kgr~ement is also contingent upon Local Government's funds for closing being available at closing and upon Local Government giving written notice to .-X~quiring Agency, prior to the exercise of' the option, that the~: funds ar~ available to clo~ in accordance with this Agreement. If such notification is not accomplished, .~uiring .M3~n~. may in its sole discretion declare this .A~eernent void and of rio fi.u'ther force and effect as of that dare. Local G~'~ara~t's funds are the sole respon.sibility of Local Government. Seller shall have recourse whatsoever, at law or equiD', agairut Acquiring Agency or the Property as a result of any matter arising at any time whether b~fore or at%r fcc simple title is conveyed to Local Gov~mrnent, relating to Local C.~'enmaerues ftmcta, Acquiring Agency shall have no obligation urider this Agreement to provide any portion " of Local Government's funds. Acquiring .agency's fimds necessary to close are thc sole resporaibiliry of .~iring .agency. Seller shall have no recourse whatsot,-ver, at law or equity, against Local Government or the Property aa a r~ult of any matter arising at any time, whcther befor~ or after fcc simple title is conveyed to Local Crov~-maent, r~lating to .&o:luifing Agency's funds. Local Government shall have no obligation under this Agreement to provide any portion of Acquiring .agency's funds. Should Local Government's funds or Acquiring Agency's funds .not bc available for any r~ason, FMrchaser or.~.~cller may elect to terminate this Agreement by written notic,, to thc parties without liability to any party ~-,x r,o e.,~¢-, e ~,,~ t ~.tl~.,- Acquiring Agency and Local Government am'Ce that the Local Government shall take fee simple title to all of the Property at thc closing notwithslandin~ that Acquiring .agency and Local Government ar= required to pay all of the Total Purchase Price in the manner set forth in this Agre~nent. Conveyance of the Property in f~ simple from Seller to Local Gov~-nment will take place at the closing, in exchange for the payments to made by .~g .~g~-~cy arid Local C, ov~nment to Seller at closing as set forth above in this paragraph 3 3.lB. ADJT~'STN~N-I' OF TOTAL PL'RC'HASE PRIC~, If, prior to closing, Acquiring Agency determines that the Total Purchase Price slated in paragraph 3.A. exceeds the f'mal .~,faximum Approved Purchase Price of the Pmlx.~.-, thc Total Purchase Price will be r~duced to the final Maximum Approved Purchase Price of the Property. Upon determination of the final adjusted Total Pu~hase Price..acquiring Agency's Purohase Price and Local G-overnment's Purchase Price will be determined and adjusted in accordance with paragraph 3..-X. Ifthe f'mai adjusted Total l:~ha,~ laric~ is less than 9005 of the Total Purchase Price stated in paragraph 3..a,. bo:ause ora reauction in the .Maximum Approved Pu~hase Price of the Property, Seller shall, in his sole diszcetion, have thc fight to tenninat~ this .~ent and neither party, shall have any fiirther obligations under this .a~r~-menr_ if Seller ¢l~:t.s to terminate this Agreement, Seller shall provide written notice, to Acquiring Agency and Local GoveaTa-nent of his election to terminate this Agreement within l0 days attar Seller's receipt of'~'itram notice fi-om Acquiring Agency of the f'mai adjusted Total Purchase Price. In thc event Seller fails to give Acquiring Agency and Local Government a written notice of t¢~iidnation within the aforesaid time period fi:om r~aipt of Acquiring .a, genc.,,'s written notice, then Seller shall be deemed to have waived any right to t~'ninate this Agreement based upon a reduction in the Total Purchase Price stated in para_re'apb. 3..&. In: Charles J. Harclee II] To: John He§gy 4.A. EN'V]RON3IE~-i',-xL SITE ASSESSN[E~-- The Co~ shall, prior to ~e ~tion Expkation Date, conduct an envko~enml site assessment of ~e Prop~y w~ch mee~ ~e standard of practice of .~ Society ofTest~g N[atefials (".~["). Seller shall re~b~e ~chas~ for 50% (not to exceed ~500) of~e ~ of~e ~ko~enml assessment at ctos~g, such rcimb~ement to be ~dicated as a credit ~ ~e cl~g sm~t ~~ ~H ~e ~e s~ices of compet~ professional eo~ulmn~ wi~ exp~ise in the envko~ml site assess~g process to dete~e ~e emstence and ex~en~ · any, of ~zardo~ N~ah on ~e Propc~. ~e exa~afion of hazardo~ materials conta~ation s~ll be p~o~ed standard of ~actice of ~e .~L ~actice E 1527. For p~oscs of ~s A~eem~t '~azardo~ shall mean any hazardo~ or to~c substance, ~tefial or waste of any ~d or any o~ subs~ce w~ch re~lated by any Enviro~enml Law (as h~e~a~ defined ~ para~aph 4.B.). 4.B. H~.~OUS MA~~. ~ ~e ~ent ~t ~e enviro~enml site assessm~t provided for para,apb 4.~ co~ ~e presence of~zardo~ N~t~als on ~e Prope~, ~ha~, at im ~olc optio~ may elect to t~ate ~is ~e~t and nei~ pa~ shall have any ~ obligatio~ ~d~ ~~ Should ~~ elect not to t~te ~s A~e~ Seller shall, at ~s sole cost and ~d ~ m ~e ~ of ~c option and ctos~g, promptly co~ce and dilig~tly p~ue ~y ass~sm~ cl~ ~ ~d m~g of ~e Prop~ nec~a~ to bring ~e Prop~ ~to ~11 compliance ~ any and a~fi~ble f~L ~ ~ l~1 la~ ~mtes, ord~nces, ~les, re~latio~ or o~ gov~ml res~ctio~ re~lat~g, relat~g to, or ~posing liabiliw or smndar~ of conduct conc~g ~rdo~ N~t~als ('~~ml Law'~. How~, ~o~d ~e est~ated cost of clean up ofHa~rdo~ Nht~als exceed a ~ch h ~l m 5% of~e Total ~ Price ~ stated ~ pam~ph 3..~, Sell~ may elect to t~te ~~ ~d no ~ ~H ~ve any ~ obligatio~ ~d~ ~s A~eem~t. ~ ~e ev~t ~t ~rdo~ N[atefials placed on ~e Prop~ prior to elosMg a~ disoovered aRer closing, Sell~ shall r~a~ obligated h~e~d~, wi~ such obligation to s~ive ~e <los~g and detiv~ and retorting of ~e deed described ~ph 8. of~ .~~t ~d ~s~s poss~sion of ~e ~ope~, to diligently p~ue ~d accomplish · e clean up of ~zardo~ Mat~als ~ a ma~ eomist~t wi~ all applicable Envko~enml Laws and at Sell~s sole cost and Fu~, ~ ~e ~t ~at nei~er pa~ elecm to t~ate ~s A~eement as provided above, Seller s~ll ~de~ and save ~ess ~d def~d ~c~s~, im o~em, s~anm, ag~m and employees ~om and a~ any ~d ail cla~, suim, a<do~, da~ges, liabilities~ expendimre~ or ca~e~ of action of ~d ~ ~ ~o~ ~t~aM plaid ~ ~e Prope~ ~or to elos~g whe~ ~e Hazardo~ N~t~als are discovered prior to or a~ elos~g. Setl~ shall deled, at ~s sole cost and exp~e, any legal actiom cla~ ~ M~g ~ti~ed W any p~on aga~t ~chas~ as a result of any cla~ suit' or ca~e of action for ~j~es to body, life, l~b or prope~ for w~ch ~zardo~ N~tefials placed on ~e Prope~ prior el~g ~ aHeg~ to ~ a eon~but~g legal ca~e. Sell~ shall save ~ha~er ha~ess ~om and agaimt all jud~m, ordem, decrees, anomey's fees, cos~, expeme~ and liabilities ~ and about any such ela~ sui~ ~vestigation or defoe ~eof. w~ch may be ~tered, ~c~ed or asse~ed as a result of ~e forego~g. 5. SU~M. ~e Co~ shall have ~e Prope~ s~eyed prior to exercise of ~e ~tion ("S~ey"). Sell~ shall re~b~e ~rchas~ for 50% (not to exceed S5,000) of ~e cost of ~e Su~ey at clos~g, such ~b~t m ~ ~di~t~ ~ a credit on ~e clos~g statement. ~ ~e Su~ey sho~vs any encroac~t on ~e ~ or ~at ~provemenm int~ded to be located on ~e Prope~ encroach on ~e land of o~, same shall be treated as a title defe~:. Jul',' 2-=, 1996 6. TIi-'LE INSCR.&'qGE. Seller shall, at his sole cost and expense and at least 3 5 days prior to the Option F_..,cpiration Dam, furnish to Purchaser a marketable title insurance commitment, to be followed by an owner's rnarkctable title insuranc~ policy (ALTA Form "B") from a title insurance company, approved by the AcquL, ing Agency, insuring marketable title' of Local Govcnunent to the Property in the amount of the Total Purchase Pric~. Seller shall require that the title imurer delete the standard exceptions of such policy referring to: (a) all ~x~ Co) umm:on/ed rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. Notwithstanding any other provision herein to the cam-ar},, Seller will only b~ obligated to require that the title insurer delete standard exceptioru for survey mat-tm and unrecorded easements and claims of easements if Purchaser provides a Survey of the Prop~l-y which meet s the requirements of section 62%7842(1)(a), Florida Statutes. 7. DEFECTS IN TITLE. If the title insurance commitment or Survey furnished to Purchaser pursuant to ~ Agreemmat discloses any defects in title which are not accmptable to Purchaser, Seller shall, within 90 days after notice fi:om Purchaser, rmmove said defect~ in title. Seller agrees to Me diligent effort to correct the defects in title within the time provided therefore; however S¢11~ shall not be obligated to bring suit or to ~q:~nd any surm of money to cure said defects. If Seller is umuccemqful in rm'noving the title defecl~ within ~aid ~ or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to ~ithm:. (a) a~ the tide a~ it then is with a reduction in the Total Purchase Price by an amount detmmined by. Ar, quiri~ .~gency and accnptable to Seller, (b) accept the title as it then is with no r~duction in the Total Purchase Price, (c) extend the amount of time that Seller has to cure the defects in title, or (d) tmminate this Agremment, thereupon releasing Purchaser and Seller from all further obligatiom under this .a4r~emenlk 8. INTEREST CONVEYED..~t closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to thc Property in fe~ simple fr~ and clear of all liens, reservations, mstrictiom, easements, leases, tenancies and other encumbranc~ {m:~pt for those that are acc,ptable encumbmces in the opinion of Pumhaser and do not impair the marketability of the title to the Property.. The grantee in Seller's Warranty Deed shall be Indian River County, a political subdivision of the State of Florida. 9. PREPAJRATION OF CLOSING DOCL~IENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosUre statement as required by Sections 286.23, and 3 g0.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an enviromental affidavit on Acquiring Agency forms provided by .acquiring Agency. Acquiring A4,ency shall prepare Purees closing a, atmment .MI prepared docments shall be submitted to Local C-,ovmmment and Acquiring A4,ency for review and approval at least 30 days prior to the Option Expiration Date. 10. PURCHASER REVIEW FOR CLOSING. Pumhaser will approve or reject each item required to be provided by. Seller under this Agremment within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cum and resubmit any rejected item to Purchaser. In the event Sellm- fails to timely deliver any item, or Purchaser rejects any item after delivery., Purchaser may in its discreti.6r~} ex~end the Option Ex-piration Date, but in no event later than Dec=ber-3-TT1996. July 25, 2996 1 1. ~. Seller will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this A./!reement and any other recaxdable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. T.~LX:ES .%N-D ASSESSMENTS. All real exam taxes and assessments which are or which may become a Hen against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires f~ title to the Property. between :Ianuary 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Propervy. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the coun~ tax collector an amount equal to the taxes that are determined to be legally due and payable by the county, tax collector. 1.3. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental sim ~ent, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days citer receipt of documentation curing the defects, whichever is later. The date, time and olace of clcsin,, shall ~,,- after the Option Expiration Date, =, ............... : ..... v .... ~: ...... " m ...... ~<~, ,'-' 14. RISK OF LOSS .~ND CONDITION OF RE.M~PROPER ..Ty. Seller assumes all risk of loss or damag.~ to the Property prior to the dare of closing and warrants that the Property shall be transferred and convey~t to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property, is '"' altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option,, to tmminat= this _Agreement and neither party, shall have any further obligations under this A4reement. Seller ~ and warrants that there are no parties other than Seller in occupancy or possession of any part- of the Protmrt~. Seller agrees to clean up and remove all abandoned personal property., refuse, flarba_ue, junk, rubbish, trash and debris fi'om the Property to the satisfaction of Local Government prior to the exercise of thc option by Purchaser. 15. R~IOHT TQ..EN'TER PROPERTY .&ND POSSESSIOj~T. Seller aarees that from the date this Agreement is ~xecuted by Seller, Purchas~ and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. With regard to any entry by Pun:t~ser upon the Propen-y prior to closing, Purchaser shall be responsible during the term of this Agreement for damage or injury to persons or property, resulting fi'om Purchaser's entry upon the Property.. Purchaser's liability to Seller or to any third party shall be subject to the limitations and conditions specified in section 768.28, Florida Statutes. Seller shall deliver possession of the Property. to the Local Government at closing. 16. ~. Seller warrants that there is legal ingress and egress for the Propert'y over public roads or valid, recorded easements that benefit the Property.. 17. ~. If Seller defaults under this Agrcerncnt, Ptw:hascr may waive the default and proceed to closin~ seek sF~cit~c l~fformance., or n:fusc to close and elect to tee=ire thc return of any money paid, each without waiving any action for damage% or any other remedy perrnittcd by law or in equity resulting from S¢ll~ffs default. . 18. ~. Seller warrants that no persons, f'ums, corporations or oth~ c'ntities are entitled to areai e~tate commission or other fe~ as a re. suit of this .~j~mcnt or subsequent closing, except as accurately disclosed on the disclosure stat~rne-n~ required in paragraph 9. Sell~ shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or tmdi-~closed. 19. t~,_C._QIg~. This Agreement, or notice of it, may bc recorded by Pu~haser in the appropriate county or cotmties. 20. ~=~. This Agreement may be assigned by Purchaser, in which went Purchaser will prm,'idc va-imm notic,~ ofa.ssignmcnt t~ Seller. This Agreement may not bc assigned by Seller without thc prior written consent of Purchaser. 21. [I~J~. Time is of essence with regard to all dates or tim~ set forth in this Agreement. 22. SEVER.-kBIL1TY. In the ~vcrtt any of the provisions of this Agr~aent are deemed to be un~forceablc, the ~fforceability of the r~maining provisions of this Agreement shall not be affected. 23. SUCCESSORS E'~ LNTERES_T. Upon Seller's ~xecution of this .~utjreement, Seller's heirs, legal ~tives, successors arid assigns will be bound by it. lJpon lhir~has~s approval of this Agreement and Purchaser's exercise of the option,. Purchaser and Pur~has~ffs succe,ssors and assigns will be bound by it. tk'hen~,,.er used, the singular shall include the plural and one gender shall include all genders. 24. E.N'TI~RE AGREE..M~N'F. This A~jreement contains the entire agr¢~n~nt between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agr~..~ments, representations and understandings of the parties. No supplement, modi.fication or amcndmertt to this Agreement shall be binding unless ~xecuted in writing by tho parties. 2~. ~ Failure of Purc~ or SeLler to insist upon strict performance of any covenant or condition of this Agreement, or to cx~x:is¢ any right her~in contained, shall not be construed as a waiver or mlinquLshm~t for the future of any such covenant, condition or right; but the same shall rm-aain in full force and effect. 26. .-~%[EN'DMENTS, No modification, amendment or alteration hereto, shall be ~ffective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ~..-May add~-ndum attached hereto that is signed by the parties shall be de~-~ned a part of this Agreement. . 5 1996 Jui'z 2 , 28. XO~CE. Whenever either party desires or is required to give notice unto the other, it must be ~ven by written notice, and either delivered personally or mailed to the appropriate address indicated on the f'n-sr page of this Agreernent, or such other address as is designated in writing by a parry, to this .4~r~ cement. 29. SURVIVAl_. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agre~ent shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. THIS AGREEN~E:x~r IS INITIALLY TIL,~'qSNffTTED TO ~ SELLER ~ ,~ O~R. · ~S AO~N~ ~ NOT ~~ BY ~ S~ l ~ ON OR BEFO~ AUGUST 15, 1996 ~S ~L BE VO~ ~TESS ~ PL~C~E~ AT ~S SOLE OP~ON, ELECTS TO ACCEPT ~S OFFER. SELLER U~ERST~N~S .~ AG~ES ~T ~S OP~ON AG~EN~ S~L BE ~Y B~G ~N ~ ~ OF ~ ~ OF E~CL~ON BY SELLE~ FOLLO~D ~ A ~ON~LE ~ ~~R ~O MO~ ~ 45 DAYS) BY E~CD~ON BY ~R CO~. ~ E~RCISE OF ~ OP~ON IS SU~CT TO: (1) ~PROV~ OF AG~~, TOT~ PU~~ ~, ACQU~'G AGENTS P~C~E P~CE, ~ LOC~ ~~~S PU~C~E P~ BY PU~C~E~ (2) ACQU~G AGENC~S BODY ~~G PRO~ PL~ .~PROV~ ~ ACCO~NCE ~ RU%E 9K4.011, ~N~~~ CODE, (3) CON~~ON ~T ~ TOT~ P~C~E P~CE IS NOT ~X~SS OF ~ ~'~ ~~ ~PRO~D PU~C~E P~CE OF ~ PROPERS, ~N~ (4) LOC~ ~~%~ .~ ACQU~'G AGENCY ~PROV.~ OF .~L DOC~NWS TO BE ~NIS~D ~U~ER BY SELLER. ~ ACQU~G AGENC~S PE~O~NCE OBLIGA~ON TO PAY U~ER ~S CON~CT IS CO~'GE~ L~ON &N' ~PROP~ON BY ~ LEG~LA~. THIS IS TO BE A LEGALLY BIND~'qG CONTRACT. · NOT F(iLLY D~'NDERSTOOD, SEEK THE ADVICE OF .aN ATTOR~NEY PRIOR TO SIGNSNG. SELLER knees to Seller Witness as to Seller July 2], 1996 Approved as to Form and Legality Date: ,~itn~ as to Local Government ,7 ,// ,/ /'./ __ /'/ Wi~u~gs as to Local Government Approved as to Form and Legality Date: July 25, 1996 95-025-P56 '1 PURCHASER LOCAL C-OVEI~NMEN-i' CITY OF SEBASTL&Xr Its: (OFFICIAL SEAL) Date signed by L/ocal Govenim=nt LOC.M. GOVER.NiVlENT IND.' RIVER COUNTY Attest: ,..'~',-<,---. ' ,/ -' r k - ' - / (omc~ sE.~) = /' - Date si~ed by Local ~ve~t Witness as to Acquiring Agency ACQUIR~'G A. GENCY FLORIDA CON~IL~TrlEs TRL'ST By: James F. Murley, Chair Witness as to Acquiring Agency Approved as to Form and Legality By: Ann J. Wild, Tm.st Cour~el Date: Date signed by Acquiring Agency STATE OF '~CO ,% J3 ) cor~'N-r-f oF g> c, ~ ) ) , by ~ C- ~W~_ , as ~e ~ ~. ~ ! ~ {~(~~ of ~e Sell~' on behaff of Sell~, who is pe~onhlly ~o~ to me or who has produced a drivels lic~e issued wi~ ~e last five yeah as id~cation. . 'ou~ ~blic ..... ~ted, T~ed or Stumped Name of I o~~ ~ "~""~" ~ w~so. ~o~ ~bhc) e'O ~0' F~. g~2~gO ~ · · · Jul'/ ?= 1996 STATE OF~) · My Commission Expires: J COL,'NTY O~ .~ The foregoing instrument was acknowledged before me this~ day of.~.,~~, 1996, by Fran B. Adams as Chairman of the Board of Commissioners of Lndian River County, Floklda 6n behalf of the County, She is pe~onally known to me. (NOTARY PUBLIC) SE ,aL (Printed, Typed or Stamped Name of Notary. Public) Commission No.: My Commission Expires: Jul'_; 25, 1996 95-025-P56 1,3 STATE OF FLORflDA ) ) COUNTY OF LEON ) The foregoing imtrument was acknowledged before me this day of 1996, by Jame.~ F. Muttey as Chair of thc Florida Communities Trust, on behalf of thc Acquiring A_s, ency. Hc is personally known to mc. ('NOTARY PUBLIC) SE.~L Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: July 25, 1996 9~-02D-.~o I ATLANTI~ GULF COMIMUNIT~ 2601 SOUTH BAYSHORE DRIVE, MIA~I, FLORIDA 33133 I I -- i I I I I I l I LEGAL DES~ON: . Lo~ 5 through 13, (less the Southwest 100 feet for road Right-of-Way, and lass the Southeast i00 feet of the Northw~t 176.30 feet of said Lot 7 for road Right-of-Way) mud Lo~s 19 and 20, all as .recorded on PLAT SHOWING SUBDMSION OF THE FLEMING GRANT REVISED FROM THE CARTER SURVEY, TOWNSHIP 30 & 31 SOUTH, RANGE 38 & 39 EAST, BREVAKD AND ST. LUCIE COUNTIES, FLORIDA by A. A. Berry, luly 6, 1913 said plat filed in Plat Book 2, Page 14., Public Records of St. Lucie CoumT, Florida. Said lands situa~, lying and being in Indian River Count, Florida and containing 66 acras~ mom or lass. All of the above subject to any easemenr~ and/or R.~ghts-of-W'a¥ of record. ! STATE OF C OLr~-FY OF I ) ) BEN-EFICL4.L INWEREST .~N'D DISCLOSLT. E ,-~=F'IDAVIT (OTHER) IBefore me, the undersigned authority., personally appeared ~ day of~~ 19_.__, who, first being duly sworn, deposes and says: II)That whose address is is the record owner of the Property. The I following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5°,/0 or more of the beneficial linterest in thc Property: ~-ddms~ (if more space is needed, attach separate sheet) Interest 2) That to the best of the afflant's knowledge, all persons who have a £mancial interest in tiffs real estate transaction or who Ihave received or will receive real estate commissions, attorney's or consultant'.$_.fees or any other fees or other benefits lincident to the sale of the Property. are: Juiv 25, 1996 Address R~ason for Pava'nent Amount 3) That, to the best of the affiant's knowledge, the following is a true history of all f'mancial transactiom (including any existing option or purchase agreement in favor of affiant) concerning the Prop~ which have taken place or will take place during the last five years prior to the conveyance of title to : Name and Address Type of Amount of of Partie.a Involved Uat¢ Transaction Transaction This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes. AND FU'RT'I-~R AFFIANT SAYETH NOT. SWOI~N' TO and subscribed before me this day of , 19 , by .. , who is personally known to me or who has produced a driver's license as identification and who did take an oath. Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: July 25, 1996 95-025-?56 I FL~DRIDA CONfN/3NITIES TRUST APPROVED AS TO FORN! A~N'D LEGALITY IBy: Ann Wild, Trust Counsel iDate: July 25, !996 95-02~-P56 (CORPCRATE/NON- FLORi DA) A. Au the same time ~hat $~i!er submits =he closing documents required by paragraph 9. of this Agreement, Seller shall also su~mi: =he following to Purchaser: !. Corporate resolution which authorizes ~he sale of the Proper~y to Purchaser in accordance wi~h the provisions of this Agreement and a certificate of incumbency, 2. Certificates of good standing from the Secretar? of State of the State of Florida and the Secretary of S~ate of the and 3. CoDy of proposed opinion of couns~! as requirmd by paragraph B. below. B. As a material inducement to Purchaser ennerinq into ~nis Agreement and to consummate the transaction contemp, la~ed herein, Seller covenan=s, represents and warrants to Purchaser as follows: 1. The execution of ~his Agreement and ~he performance by it of ~he various terms/ and conditions hereof, including, without limitation, the execution of all agreements, notices and o~her documents hereunder, have been duly authorized by the requisite corporate authority of Seller. 2. Seller is a corporation duly organized, validly axis=lng and in good standing under =he laws of the S~a=e of ~/~/~_~ and is duly licensed and in good snandin~ and qualified to own real property in -k~ e Sta~e of Florida. 3. This Agreement, when mxacu~ed and delivered, will be valid and legally binding u~on Seller and enforceable in accordance with i~ terms and neither the execution ., of this Agreement and the other instruments to be executed hereunder by Seller, nor ~ the perfo.--z..ance by in of the various terms and conditions hereto will violate ~%e Articles of Incor~.oration or By-Laws of Seller. At the closing, Seller shall deliver to Purchaser an opinion of counsel to the effect that the covenants, representations and warranties contained above in this 9ar~graph B. true and correct as of the closing date. in rendering nhe foregoing opinion, such counsel ma,/. rely as to factual matters u~on cer=if~ca~s of ~_r~ doc'~men~s furnished by partners, officers, officials and other counsel of $~iier, and upon such other documents and dana as such partners, officers, officials and counsel may deem appropriate. ~.-.'ess as Co Seller July 25, 1996 95-025-P56 I I I i I I I i I I SELLER: By: At,est: I ATLANTIC GULF COMMUNITIES CORPORATIO~ a Delaware corporation /,:,,'L.,,;~?~ .//F rig, Sr. Vice President ,/ Joe~ K. Goldman, Asst. Secre:ary I 590720444 Da~e signed by Seller: July 29, 1996 I F. g.I.D. No.: ~Lt-ne..~s as co ~.oc. al Government. Wi un~ a~ to Local Governmen~ Approved as ~o Form and Legality Wiuness as to Acquiring Agency I to Acquiring Agency Approved as to ~orm and Leqa!iny By: NCNFLCORP.AED R~/.2/94 July 25, 1996 9~-025-P56 Court) LOCAL GOVERNMENT (OFFICIA~L SEAL) Da~e signed by Local Governmen~ ACQUIRING AGLNCY FLORIDA COP~fu'NiTiES TRUST Linda Lcomis Shelley, Chair Witness as Date signed by Acquiring Agency P~qe !7 CO--CT ~ FLORIDA CON(MI.J2qTIES TRUST P56 AWARD #95-025-P56 ADDEN'DUM I TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM I to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITI-I=_S TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and INDIAN RIVER COUNTY (FCT Recipient"), this __ day of .... 199 . WI-ZEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT ]Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expires November 8, 1996; WI--IE~AS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the November 8, 1996, deadline; WHE~AS, GENERAL CONDITIONS paragraph l~o~'the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to ex'tend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and paragraph 14., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before November 8, 1996. 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby ex-tended until May 8, 1997. ADDII.95-025-P56 10-30-96 addendum. The date of execution of this addendum shall be the date that the last party signs this THIS ADDE.NT)UM I TO CONCEPTUAL APPROVAL AGKEEB, fENT, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entire Agreement between the parties. 1-N WITNESS WHEKEOF, the parties hereto have duly executed this ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT. ~XrDIAN RIVEK COUNTY By: .... Title: Date: FLORJZ)A COMMUNITIES TRUST By: James F.Murley, Chair Date: Accepted as to Form and Legal Sufficiencf.~~ Date:. //- < 4'"' f f' Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel ADDB95-025-P56 10-30-96 This document prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLOR[DA COMMUNITIES TRUST P56 AWARD#95-025-P56 FCT Contract# GRANT AWARD AGREEM]~NT THIS AGREEM2ENT is entered into this __ day of , ___, by and between the FLORDA COMMUNITIES TRUST CFCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and IN'DIAN RIVER COUNTY and CITY OF SEBASTIANCFCT Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 253,259, and 380, Florida Statutes. WHEREAS, Part III chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 1 of the Florida Preservation 2000 Act provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds"); WHEREAS, the Bonds were issued aa tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; Wlqh--TKE,~, Rule 9K4.010(2)(0, F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule Chapter 9K4, F.A.C.; /~ ~ GAA/95-015-P56 1~-~ 2-96 WH2EREAS, the FCT has approved the terms under which the Project Site is acquired and the deed whereby the FCT Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the FCT Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that aarwea'r~nd.posed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Bond NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Agreement to be recorded and filed in the official public records of Indian River County, Florida, as Exhibit "B" of the warranty deed vesting fee simple title to the Project Site in the FCT R~'cipient, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. ' 2. The FCT Recipient and FCT agree that the State of Florida 'Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel .for review. In the event Bond Counsel opines that an amendment' is required to this agreement so ~at the tax exempt status of the Preservation 2000 Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. . 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. . 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive riehts and with respect to procedures and remedies. GAA/95-015-P56 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. H. PROJECT SITE REQU'I]RE~NTS IMPOSED BY CHAPTER 259, CHAPTER 375, .~... '" A.ND CItA_PTER 380, PART III, FLORIDA STATUTES. 1. If any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title t° all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4)(e), Florida Statutes. 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the FCT Recipient in the Project Site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 4. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. GA~/gs-015-P56 3 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence ora default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. ITI. PROJECT SITE OBLIGATIONS IIVIPOSED BY FCT ON TE[E FCT RECIPIENT. 1. The Project Site shall be managed only for the conservation, protection and enhancement of' natural and historical resources and for passive, natural resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The FCT Recipient shall ensure that the fi~ture land use designation assigned to the Project Site is for a categov] dedicated to open space, conservation, or outdoor recreation uses as appropriate. [fan amendment to the FCT Redpient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5. The FCT Redpient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any. use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. GAA/95-015-P56 12-3-96 4 7. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tr~ removal, other than non-native species, and/or major land alterations shall require the written approval of'FCT. The approvals required from FCT shall not be unreasonably with- held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The FCT Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds fi-om FCT and FCT Recipient. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. 1. If the Project Site is to remain subject, after its acquisition by the State and the FCT Recipient, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax con- sequences of such activity or interest: organization; any lease of any interest in the Project Site to a non-governmental person or b. the operation of any concession on the Project Site to a non-governmental person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or orgardzation; and GAA/95-015-P56 f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale of things attach~ to the Project Site to be severed from the Project Site to a non-governmental person or organization; d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. or organization; and a management contract of the Project Site with a non-governmental person g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. D~I.EGATIONS AND CONTRACTUAL ARKANGEMENTS BETWEEN TIlE FCT KEC~[ENT AND OTHEK GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PF_JLSONS FOR USE OK MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RI:;I IEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCF. Y_DS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS THAT ARE PA_RTI~ TO THE PROIECT SITE AS A RESULT OF THE FCT APPROVED MANAGEMENT PLAN. 1. The FCT Recipient shall provide outdoor recreational facilities including nature trails, picnic areas, a boardwalk, restrooms, informational displays and limited parking on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing GAA/95-015-P56 12-3 -96 6 harm to those resources. 2. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project Site. 3. The sand pine' scrub, xeric oak scrub, scrubby flarwoods and wetland communities that exist on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these vegetative communities. 4. The Project Site shall be managed in a manner that optimizes habitat conditions for listed wildlife species that utilize or could potentially utilize the Project Site, including the gopher tortoise, Florida scrub jay and Florida scrub lizard. The FCT Recipient shall coordinate with the Florida Game and Fresh Water Fish Commission, and the U.S. Fish and Wildlife Service, on the management of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. 5. The FCT Recipient shall work in conjunction with the Florida Game and Fresh Water Fish Commission and the U.S. Fish and W'tldlife Service to implement the Habitat Conservation Plan currently being developed to. protect scrub habitat within Indian River County. 6. The FCT Recipient shall remove approximately 13 acres ofinvasive exotic vegetation from the perimeter of the freshwater wetland and the remainder of the Project Site. 7. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance ofsigniticant Sites. 8. The FCT Redpient shall ensure that the Project Site and listed animal species and their habitat are sufficiently buffered from the adverse impacts of adjacent land uses. 9. A vegetative analysis of the Project Site shall be performed to determine which areas of the Project Site require l[nechanical clearing or a prescribed burning regime implemented to maintain natural fire-depend~nt vegetative communities. The FCT Recipient shall coordinate with the Division of Forestry and the Game and Fresh Water Fish Commission on the development ora prescribed burn plan for the Project Site. .i 10. The FCT Recipient shall remove all trash and debris from the Project Site. GAA/95-015-P56 -~'96 I I I I i i I I 11. Access to the Project Site by pedestrians, bicyclists and persons on non-motorized vehicles shall be promoted except in those areas where resource protection considerations warrant limiting access. 12. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. Tills GRANT AWARD AGRY_.Y_MENT embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: Print Name: 12qDIAN RIVER COUNTY By: Its: Print Name: Witness: Print Name: Approve~~. an~,, Date: CITY OF SEBASTIAN By: Its: Print Name: Witness: Print Name: Approved as to form and legality: Date: FLORIDA COMMUNITflES TRUST By: James F. Murley, Chair Print Name: Approved as to form and legality: Date: GAA/95-015-P56 12-3-96 STATE OF FLORIDA COUNTY OF LEON 199._. to me. The foregoing instrument was acknowledged before me this ~ day of by .]'AMES F. MURLEY, as Chair of the Florida Communities Trust. He is personally known Notary Public Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 199_, by , as of Indian River County. me. day of He is personally known to Notary Public Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 199.., by , as of the City of Sebastian. me. day of He is personally known to Notary Public Print Name: Commission No. My Commission Expires: GAA/95-015-P56 12-3-96 Exhibit "A" Lots 5 through 13, (less the Southwest 100 feet for road Right-of-Way, and less the southeast 100 feet of the Northwest 176.30 feet of said Lot 7 for road Right-of-Way) and Lots 19 and 20, recorded in the Plat showing Subdivision of TEE FLEMING GRANT REVISED FROM THE C.~RTER SURVEY, TOWNSHIP 30 & 31 SOUTH, RANGE 28 & 39 EAST, Brevard and St. Lucie Counties, Florida by A.A. Berry, July 6, 1913 said plat recorded in Plat Book 2, Page 14, Public Records of St. Lucie County, Florida, lying and being situate in Indian River County, Florida. GAA/95-015-P56 12-3-96 Indian River County/City of Sebastian )-_CRC Industrial Tract FCT Project #95-02%P56 Purchase from Atlantic Gulf Communities Contract # Date PURCHASER'S RECONCILIATION OF TOTAL PROJECT COSTS TOTAL PROJECT COSTS Land Purchase Price Total Land Purchase Price Acquisition Expenses Survey Appraisals Appraisal Review Environmental Audit Acquisition consultant fee Total Acquisition Expenses 2,662.50(2) 5,400.00 727,77 950.00(2) 7,000.00 $400,000.00(1) $16.740.27 (2) Total Project Costs COMPUTATIO ,ly OF GRANT AWARD AND LOCAL MATCH AMOUNT FCT Award Computation Share of Purchase Price Share of Acquisition Expenses Total Share of Project Costs $160,000.00 6,696.10 $166,696.10(3) Local Match Computation Share of Purchase Price Share of Acquisition Expenses Total Share of Project Costs Total Project Costs $240, O00.00 10,044.17 $250~044.17 $416.740 ~27 COMPUTATION OF PREPAIDS, ADDITIONAL COSTS AND AMOUNTS DUE AT CLOSINC FLORIDA COMMUNITLES TRUST FCT Prepaid Project Costs Appraisal Review Option Payment Total Prepaid Costs 727.77 100.00 827.77 FCT Amount Due At Closing Share of Total Project Costs Less Total Prepaid Costs To~ Due From FCT At Closing $166,696.10 827.77 $165,868.33 Indian River County/City of Sebastian AGC Industrial Tract FCT Project If95-025-P56 Purchase f rom Atlantic C_mlfCommunities Contract # Date iPage 2 RECIPIENT Recipient Prepaid Project Costs Survey Appraisals Environmental Audit Acquisition consultant fee Total Prepaid Costs $ 5,325.00(2) 5,400.00 1,900.00(2) 7,000.00 $19,625.00 Additional Costs Record Grant Award Agreement Total Additional Costs Recipient Amount Due At Closing Share of Total Project Costs Plus Total Additional Costs Less Total Prepaid Project Costs Total Amount Due From Recipient 46.50(4) 46.50 $250,044.17 46.50 19 625.00 $230~46567 TOTAL AMOUNT DLrE FROM PURCHASERS AT CLOSI2NG $396,334.00 Notes: (1) Pursuant to memorandum fi-om Stephen J. Boyle to Anne Peery dated September 4,1996, the maximum approved purchase price is $450,000.00. (2) Pursuant to the terms of the Option Agreement, the County paid the costs of the survey and enviromental site assessment. The County paid total survey cost of $5,325.00 and total environmental site assessment cost of $1,900.00. The Setler is to reimburse the Purchaser for 50% of these costs, to be shown as a credit on the closing statement. The Seller paid the cost of title insurance. (3) Pursuant to the terms of the Conceptual Approval Agreement, as approved by Board action of the Florida Communities Trust, the amount of the grant shall not exceed the lesser of $231,200.00 or 40% of the total project cost. (4) Payable to Clerk of Court, Indian River County, at closing. Indian River County/City of' Sebastian AC__rC Industrial Tract FCT Project #95-025-P56 Purchase f rom Atlantic Gulf Communities Contract # Date Page 3 The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned. INDIAN RIVER COUNTY By: FLORIDA COMMUNITIES TRUST Its: James F. Murley, Chair Date: Date: CITY OF SEBASTIAN By: Its: Date: APPROVED AS TO FO~M - City of Sebastian I:(D;~T (DFFIC:E ~(DX 7801'J7 O ~E~A..qTIAN. FL(DfllIDA 3:2'~78 TELEPHONE (407) 58g-~:330 FAX 4(17-58g-~.570 SUBJECT: ) Agenda No. ) ~ ) Dept. Origin Police L.A.W. Publicatioms Booklets ~ ) Date Submitted 11/06/96 Approved For Submittal By: ) ) For Agenda Of 11/20/96 ) City Manager ~c~6.L, ~-~ To be presented by Chief White ) EXPEND !TURM AMOUNT AP P ROPR IAT ION REQUIRED: BUDGETED: REQUIRED: S~Y STATEMENT L.A.W. Pubhcations provides print~l materials for police departments for usc in presentations to schools and citizens groups. Materials range from coloring books and workbooks for grade school children on chugs, sU'anger danger, etc. Adult materials include subjects from self protection to burglary'prevention to crimes against the elderly. These materials would be used in the various Community Oriented Policing programs that the SPD will be involved in. The company provides these materials to police agencies at no cost. They make their money by selling advertisements to merchants and businesses within the jurisdiction. These sales are done in person by salespeople employed by L.A.W. Publications. L.A.W. Publications has been investigated and is endorsed by the Florida Police Chiefs' Assoc. and the Florida Sheriffs' Assoc. They provide their services to around 70 police agencies in the Cen~al Florida area. REQUESTED ACTION C,'~¥ ~~ Authorize the Ghi~f-og-Po~ to enter into an agreement with L.A.W. Publications for them to provide their materials to the Sebastian Police Department. This will require a letter of introduction from the Chief on department stationary for the salespeople to use when calling on area businesses. DATE: TO: RE: CITY OF SEBASTIAN POLICE DEPARTMENT INTEROFFICE MEMORAND~ October 24, 1996 Mr. Tom Frame, City Manager L.A.W. PUBLICATIONS PROPOSAL Attached is a proposal from L.A.W. Publications, a company which produces various grade level workbooks and coloring books dealing with drug abuse education. Their books are usually used by police officers who are teaching such programs. They also publish training materials for use by law enforcement which deals with crimes targeting senior citizens. L.A.W. Publications has the endorsement of the Florida Police Chiefs Association and is being used by over 60 police departments around our state. Of the several companies in this type of business, L.A.W. Publications is probably the best. They have been thoroughly checked out to get the FPCA's endorsement. This company furnishes the workbooks and training aids to police agencies at no charge. They make their money .by selling advertising to businesses within the jurisdiction of the police agency they contract with. Their solicitations are done in person, by their own sales people. They say they do not use a high pressure sales tactics. They do say that they are working in conjunction with the local police department, which, in fact, they are. They usually get a letter' from the police chief introducing their sales people and saying that the books in which the advertising will appear will be donated to the department for its public education programs. As far as my opinion goes, the books are something that this department could use in our COPS programs for both the elementary schools and Sr. Citizen Protection training. I am submitting this to you for your consideration. Possibly, you may want to present it to the City Council for their consideration and a decision as to whether they would want something like this for Sebastian. I I I Dennis R. White hief of Police City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 AGENDA FORM SUBJECT: REQUEST FOR SMALL CHRISTMAS PARTY DURING REGULAR THURSDAY ] NITE BRIDGE MEETING ] ] APPROVED FOR SUBMITTAL BY: ] ] ] City Manage~' ~ ¢'/// ] ] AGENDA NO. Dept. Origin : Date Submitted: For Agenda Of: Exhibits: City Clerk NOVEMBER 15, 1996 NOVEMBER 20, 1996 Application dated 11/15/96 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The City received a request from Thursday Nite Bridge to have a small Christmas Party during one of their regular Thursday Nite Bridge meetings from 7:00 p.m. to 10:00 p.m. on December 12th or 19th, at which there may be alcoholic beverages. RECOMMENDED ACTION Move to approve the request. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION DATE: ////~:¢> [ ] COMMUNITY CENTER ~<~ YACHT CLUB / for Rent~ ~ ~ P~ns ~en~g E'~nt ~ ~ ~ Please Answer YES or NO: 1) Are k/tchen fac/lities required? 2) Are you a resident of Sebastian? · 3) Will deconmions be put up? 4) Will there be cm adm/ssion or door charge? 5) Will alcoholic beveruges be se~ed? (c) If =swot to ,5 is Yes, Permittee's l:~cf o, Age: /6~F/~7-.] 1~_ ' (b) If alcohol is to be ser'~,ed, permission is required hy ~ty Couflcil! ;four request will be presented to Councit on Security Deposit $ Rental $ + 7% Tax = $ Make Checks Payable to: CITY CF SEBASTIAN "' SPECIAL NGTE: A aery/ce fee of 5% or $20.00 (wh/chever is greater) may be charged for any dishonored check per Florida State Stc~tute 166.251. ,OFFICE, USE ONLY I I i i i I I I I i i i i Security Deposit Paid On Rental Fee Paid On D~te Alcohol E~evercge Request heard ~ the C~unc!l Meeting on Key~'c~pDcte / ..~'/ ~.. ~7_ /:¢ C~sh Check Initials Cc:sh Check Initials -APPROVED/DENIED KeyReturnDcae / ~//ff ~ ~ in the amount of / on ORDINANCE NO. 0-9 6-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY ODD NUMBERED YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 Florida Statutes (F.S.) provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter for approval; and WHEREAS, the City Council of the City of Sebastian, Florida, "City Council" has determined that certain amendments should be made to the City Charter in order to provide for the Mayor to be elected at a general election on the second Tuesday in March every odd numbered year; and WHEREAS, the City Council has decided to submit the proposed amendment to the City Charter to the electors of the City of Sebastian, pursuant to Section 166.031 NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Sebastian, as follows: Section 1. That upon passage of Referendum No. 1 by the electors of the City, Article II, Section 2.01, of the City Charter shall be amended as follows: Sec. 2.01 Composition. There shall be a city council consisting of ~ ~ ~ council members elected by the qualified voters of the city at large. Section 2. That upon the passage of Referendum No. i by the electorate of the City of Sebastian Article II, Section 2.03, of the City Charter shall be amended as follows: Sec. 9_. 03 Election. e%=n numbel~ y==l. There shall be held .. a ~eneral election ion a mayor and two (~% council members on the second Tuesday in March of each odd numbered year commencing with the general election in March. 1999~ and a ~neral election for two (2) co~cil members on the second Tuesday in March of each even-numbered year commenclnq with the general election in March. 1998. Section 3. That upon passage of Referendum ,No. i by the electors of the City, Article II, Section, Section 2.04, of the City Charter is amended as follows: Sec. 2.04 Terms. (a) Beginnin~ in March of 1999. T~he terms of the council members and the mayor shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) The term of the mayor and each newly elected council member shall begin on the Monday following the election, at a special meeting of the city council to be held for the purpose of swearing in such newly elected officials. If a regular city meeting is to be held the Monday following the election, the newly I '1 I I I I I i I elected officials shall be sworn in at the conclusion of such regular meeting. Section 4. That upon passage of Referendum No. 2 by the electors of the City, Article II, Section 2.06, of the City Charter is hereby amended as follows: Sec. 2.06 Mayor; vice-mayor. (a) Mayor--Selection and term. Commencing March 1994, and endin~ when a mayor is elected in March. 1999. pursuant to Section 2.03(a)~ after the seating of any newly elected council members, at ~ at the special or other meeting of the city Council held~pursuant to Section 2.04 (b),the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice-mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a midget vote, Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. Section 5. An election is hereby called and scheduled to be held on March 11, 1997, to determine whether the above referenced amendment to the city Charter will be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City shall participate. Section ~. The places of voting in such election shall be the usual places of voting in the City of Sebastian, in the regular election, as determined by applicable provisions of Florida law, which are currently as follows: Precinct 12 ..................... The Sebastian Community Center 1805 North Central Avenue Precinct 14 ...................... First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ...................... The North Indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16 ...................... Sebastian Elks Lodge #2714 731 South Fleming Street The polls shall open at such voting places on March 11, 1997, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors residing within the city of Sebastian shall be entitled to participate and vote in such election. Section 7. Ail Ordinances or parts of Ordinances of the City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 8. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. Section 9. The purpose of this election is to present a referendum to the electors of the City of Sebastian concerning proposed amendments to the city Charter. The ballot shall be substantially in the following form: CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 1: ELECTION OF MAYOR Shall the City of Sebastian amend the City Charter to provide that the mayor be elected at.a general election in March of 1999 and in every odd number year thereafter instead of being appointed every year by the city council, and to conform remaining provisions with the amendments? Yes for Approval No for Rejection Section 15. This Ordinance shall go into effect immediately upon its passage and adoption. The foregoing Ordinance was moved for adoption by Councilmember The follows: motion was seconded by Councilmember and, upon being put to a vote, the vote was as Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor there upon declared this ordinance duly passed and adopted this day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwright, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney 6 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto 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 , 1996, and that following said public hearing this Ordinance was passed by the city Council. Kathryn M. O'Halloran, CMC/AAE City Clerk C:\WPWIN60\WPDOCS\VALERIE\ELEC 7 ORDIN~CE NO. ~'~'~- AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT TO THE ELECTORS A PROPOSED AMENDMENT TO ARTICLE I OF THE CITY CHARTER WHICH PROVIDES FOR AN INCREASE IN THE MAXIMUM ALLOWABLE TERM FOR LEASES OF AIRPORT PROPERTY, FROM TWENTY (20) YEARS TO FORTY (40) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS OF INDIAN RIVER COUNTY, FLORIDA WITH A COPY OF THE PROPOSED ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SAiD ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 Florida %tatutes (F.S.) provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter for approval; and WHEREAS, the City Council of the City of Sebastian, Florida, "City Council" has determined that certain amendments should be made to the City Charter in order to increase the maximum allowable lease term for leases of airport property from twenty (20) years to forty (40) years; and WHEREAS, the City Council has decided to submit the proposed amendment to the City Charter to the electors of the City of Sebastian, pursuant to Section 166.031 F.$. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of sebastian, as follows: Section 1. That upon passage of Referendum No.2 by the electors of the City, Article I, Section 1.02 of the City Charter hereby amended as follows: Sec. 1.02 Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: (7) Airports. To purchase, acquire, take, hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways, depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof, for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airport; to let or lease to private persons or corporation portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed tw~ (20) f~_tJ__L~u0~ years; to prescribe and promulgate rules and regulations for the operation; to accept and receive grants from the state and federal government and any body politic for the construction, maintenance, operation and management of such airport facilities. Section 2. An election is hereby called and scheduled to be held on March 11, 1997, to determine whether the above referenced amendment to the city Charter will be approved majority of the votes cast in such election, in which the qualified electors residing in the City shall participate. Section 3. The places of voting in such election shall be the usual places of voting in the City of Sebastian, in the regular election, as determined by applicable provisions of Florida law, which are currently as follows: Precinct 12 ................ The Sebastian Community Center 1805 North Central Avenue Precinct 14 ................ First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ................. The North Indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16 ................. Sebastian Elks Lodge #2714 731 South Fleming Street The polls shall open at such voting places on March 11, 1997, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. 3 Section 4. Ail Ordinances or parts of Ordinances of the City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 5. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. Section 6. The purpose of this election is to present a referendum to the electors of the City of Sebastian concerning proposed amendments to the city charter. The ballot shall be substantially in the following form: CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. 2: EXTENDING MAXIMUM ALLOWABLE TERM LEASES' OF AIRPORT LAND FROM 20 TO 40 YEARS Shall the city of Sebastian amend the City charter to extend the maximum allowable lease term for airport property from 20 years to 40 years? Yes for ApprovaI No for Rejection Section 7. This Ordinance shall go into effect immediately upon its passage and adoption by the electorate. 4 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1996. ATTEST: By: CITY OF SEBASTIAN, FLORIDA Louise R. Cartwright,Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney 5 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 , 1996, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk I '1 i I i i I I I City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 FAX (407) 589-5570 SUBJECT: APPOINTMENT TO REGULAR MEMBER POSITION ON THE PLANNING AND ZONING COMMISSION, TERM TO EXPIRE 11/1/99 ) Agenda Number: C~.~ ~ ) ) Dept. Origin: Community Developme~ ) ) ) Date S~bmitted: 11/13.~96 ) ) For Agenda Of: 11/20/96 Approval for Submittal By: ) City Manager ) Exhibits: 1. Application 2. Memorandum dated 11/8/96. from Commission Secretary EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. Kelly Mather's regular member term expired 11/1/96, for which he is eligible to be reappointed. The position was advertised to the public until November 1, 1996. Applications were received from Mr. Mather and Mr. Louis Nicolini. After its review of all the applications at its November 7, 1996 meeting, the Planning and Zoning Commission passed a motion to recommend to City Council to reappoint Mr. Kelly Mather to a 3-year regular member term, expiring 11/1/99. On November 12, 1996, the Construction Board voted to recommend to City Council the appointment of Mr. Nicolini to its HARV regular member position. On November 13, 1996, Mr. Nicolini withdrew his application for the Planning and Zoning position. The provisions of Section 10, Resolution R-94-51, requires that the City Council interview each applicant at a public meeting prior to voting for their selection. RECOMMENDED ACTION Interview the applicant, and appoint a regular member, term to expire November 1, 1999. ~ 2. 3. 4.. HOME ADDRESS: HOME TELEPHONE: BUS INES S: BUSINESS ADDRESS: BUSINESS TELEPHONE: 8. DRZV~RS LZCENSE mmmER: ~ /da -J-lo - YF -23~ -¢ (use additional sheets if necessar~ or submit resume if available) !0 Voter registration no. il. 12. 13. 14. 15. Are ~ou a resident of the City? Yes ~/No Length of Residenc~ . ~, Do you hold a public office? Yes No / Do you serve on a City Board at ~resent? YeS'No PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of ~reference with first choice being "1") *BOARD OF ADJUSTMENT C~ETERY COMMITTEE ~ *CODE ENFORCEMENT BOARD ~ *CONSTRUCTION BOARD ~ *PLA~ING AND ZONING ~/ EANDICAPPED COMMITTEE ~ 18. What qualifications dg you ,~ave to serve oEL this board? ,,., ,. -,- 7d . r,,.,., e .. /-'4 17. ../ What reasons do you have for wishing to se~e on an adviso~t~ board? ' - · ' 18. Have you ever been convicted of any felony or any misdemeanor involv±ng moral turpitude in this or any state? 19. Would you consider serving on another Board other than the one(s) you selected above? Yes ~/ No ! hereby certify that ! am qualified to hold the Position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. i understand that the City Council of the City of SEBASTIAN may sUSpend or remove from offi~e~any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or Permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. ! hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed and~ swo~n to befDre me this _.//~ da~/. .~. as identification. ( SEAr. ) Ccmmission~----~-6~.o. ~~.~=ormlauDlication KELLY J. MATHER West CAREER SUM1VIARY Th/ny years exper/once in management and cng/hooting in the follow/rig are~: · Management of multiple turbine projec~ , Program management · Corporate plarming and budgeting (foreign and domestic) Administration of government contracts Comperidve/co-~t evaluation of engines (diesel, turbine, Stifling) CAREER HISTORY Maker of small gas turbines with $250 million in annual sales. 1982 to 1992 Pro,am Manager/Chief En~neer/Pmducx Manager Chief trouble shooter for company on ,alvaging programs that were in cost and schedule trouble. Directed 100 cng/nee.rs and :~100 million contract_ Clearanc~ granted - top secret, Accomplishmentq: · Developed Fl12 engine treed in ACM (Advanced Cruize MJxsite). Directed program from concept through produc::/om · Managed 9XX class/fled program which was s/tailor to Fl12. · Managed Prop Concept Engine, a joint venture with AI.INon. · Directed Forward Area Air Defense S~tem (FAADS) program from qualification ttxough support of Martin Marietta ~it point testing for Army. M~ECttA2qCAL TECltNOLOGIES INC. (M'IT) Eng/neering development company w/th $150 million in sales. 1979 to 1982 Prom'am Manager o~ Deoarrment of Ener~ Stirting Automot/ve Eh.g/ne Pr6. gram Controlled budgem ($98 million) and work schedules of ~ and provided ,ma/dance to United St/rting Sweden and AM General (sub c~ntracmrs) in program areas. Re=resented ~ in Sweden Managed and directed the ~ and USS design efforts to produce a new automotive St/rting engine. Resided in Sweden for one year. CUMMINS ENGINE COMP,~ Maker of diesel cng/nos, one of top 200 mmpanies in U.S. 1971 to 1979 Government Contract Administration (I978-I979) Directed engineering operations relating to c~ntract requirements and established separate billing procedures. Soecia. l ,-Ms/gnme~ (1977) Analyzed test operations and subsequently designed and instituted computer system to trace and record work load of support manpower. Result: 1.7% increase in test cell utilization. Kc!fy L Mather Page Two CUMMINS ENGINE COMPANY (Continued) .Assistant to V~ce Pres/dent of' En~nee,~n, Handled staff responsibilitie~ for Vice Pr~dent's o~ce. Prepared and presented ~at R~earch and En~nee~ng budget w~ch w~ sub~tted ~ead of schedule and accepted ~/hou/ change by co~ora~e office. Sn~n~eHng Mana~emen~ (1~197~ D/mc:ed ~emal ~d ~temal en~ee~g effo~ to produ~ d~i~ and fe~ib~ studi~ on ~urb/ne engine. ' Organized ~ Turbine Co~eren~ of 1~ w~ch w~ attended by al~ demotic and international major g~ turb~e manufac~rem. ~ ~ a one ~ o~u~ence- * Selected ~ pan o~ a t~ m~ t~am sent to P~ips to study Stfft~g en~e d~i~. ~mplet~d competitive engine renew (fore~n and dom~tic) of Cu~ C~orate Pl~nnin~ and BudKetink (1971-1974) Planned and ~plemented the mo~g of ~ automated head ~ne ~m ~lumb~, ~di~a Scotlan~ Orgmd ~d ~o~at~ ~e ~g of four ~der en~e ~om ~lumb~ to ~di~ Set up ten year ba~ of p~ [or ~ en~e and ph~ed ~ diesel out of product/om C~~ ~OR CO~ 1967 to Pro~ect Manager. En~ne Grouu Managed g~ turbine Pm~~m d~ ~ to t~ting of en~n~ D~etopcd proto~ mach~ ~or miring, lo~ng and camtmction. PRATt Lead Engineer, End/ne Grouo Led engine group on J$8 (m~eh S) engine. /n the salvage of ~lJ mill/on ha haventory. 1966 to 1967 1962 to I963 Developed new d~ign for fiaef nozz2~ Which resulted BOEING 1964 to 1966 Lead E.n~neer, Contract Fulfillment Led group charged w/th c'ontract ~ulfill~ent on ground station of Saturn V. Total complex integration; hardware installation and cab%rat/on to complex setl of/' testing. Wrote documentation for configuration c~ntrol of ground stat/on. PROCTOR & GAMBLE 1961 to 1962 De:artment Manage. · Selected as one of three pe,-'mns for management train/ne ro ' Managed Prefl and Secret production l/ne~ Incr, e~-~ _,~_~ gra,m. · ~, ~mc:ency oy 5%. Kelly .L Mather Page Three EDUCATION/PROFESSIONAL Pennsylvania State University BSME in Mechanical Engineer/rig 1961 Sam Houston College, Fellowship in nuclear physi~ Caurae work completed for Maste,-z degree 1963-196~ 1962 Ocaduate coursea in thermodynamics Coast Guard Academy 1956 State' of Alabama, Profecaional Engineers license Dale Carnegie Management Course; several management cour~e~ at Cummins and at WiIliams hate,national PROFESSIONAL ACTIVI'13:ES C"nairrnan, Turbine Manufacturing Committee A&M2E (National) V~ce Chairman Turbine Manufacturing Committee Program Chairman ASM2E Central hadiana Acdve member SAE Active member ASMiE 1981 -1982 1979 -1980 1979 ~ 1980 City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MEMORANDUM DATE: TO= FROM= REFERENCE= November 8, 1996 Mayor, City Council D_orri. BoswO~tzh, Secr~ta~ Planning an oning ommlssion Board Recommendation for Vacant Position At its regular meeting of November 7, 1996, the Planning and Zoning Commission reviewed all applications it received for its expired regular member position currently held by Mr. Kelly Mather. Mr. Mather is eligible for re-appointment. A second applicant, Mr. Louis Nicolini, was present for the interview. Mr. Johns nominated Mr. Mather for the regular member position. Mr. Johns then made a motion to recommend to City Council Mr. Kelly Mather for the regular member position, term to expire November 1, 1999. Ms Vesia seconded the motion. A voice vote was taken, motion carried 7-0. City o~ Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 Subject: Compensat for golf lessons given at Sebastian Municipal I . Golf Course I Depa_nment Origin: City Manager ~ate Submitted: November 14, 1996 Approved for Submittal by: City Manager ~ .. _ For Agenda of November 20, 1996 ~ I Exhibits: ~ Compilation of Hours worked I within a year's time for Greg Gardner; I ~) Compilation of lesson revenue .................... I generated by Greg Gardner ............... Expenditure Required: Will I Amount Budgeted: $0 I Additional Appropriation vary with .number oflesson....s. ] ...... I Required: Yes ............... SUMMARY At the October 18, 1996 City Council meeting, I brought up a matter regarding golf lessons at the Sebastian Municipal Golf Course. Specifically, this matter concerned the providing of lessons by the two City employees at the course. These positions are the Head Golf Professional and the Apprentice Golf Professional. Both of the individuals were apparently told that they would receive some type of bonus for any golf lessons given. Currently there is no policy that would allow this type of reimbursement. As an example of activity by the Head Golf Professional, Mr. Greg Gardner, he has worked a total of 2550 hours in the last year. That is 470 hours more than more than would be used if he had only worked a 40 hour week every week for a year. Predicated just on his hourly rate those 470 hours of time for which he was not reimbursed would be worth more than $4,500. Thus the total value of time and lessons is worth over $7,000 to the City through the golf course. The apprentice golf professional makes $6.59 per hour. His job duties normally do not allow h/m the flexibility to provide as many lessons as the head golf professional, but he does provide these on a much lower earning rate. As I explained to the Council, there would be some advantages to allowing some sharing of the golf lesson proceeds with both apprentice and head golf professional. This would be an incentive to teach more lessons. More people taught most likely will result in more play and expenditure at the course increasing the cash performance of the course. This would also be a small incentive for the golf professionals to remain at the golf course for a longer term. The proposal I would like to offer for the Council's consideration is to allow a 50/50 sharing between the two professionals and the City of the proceeds for lessons given by the two professionals. The mount to be paid to each professional would be only one half of the lesson fee collected less the cost of salary and matching costs (federal income tax and social security including any that has to be paid by the City as matching costs). This would only slightly reduce the current cash collections for lessons and may in the longer term actually increase the cash flow. As a final matter, Mr. Garnder was told at the time he was hired that he would be paid some bonus for lessons given. I would suggest that he be paid an amount based on the formula as explained in the preceding paragraph. RECOMMENDED ACTION Move to approve the City Manager's recommendation that both the Apprentice and Head Golf Professionals at the Sebastian Municipal Golf Course be compensated for lessons each individual gives and for which the Golf Course receives payment. Such compensation shall be additional pay based on the individual receiving one half of lesson fee less all appropriate taxes and social security payments either due from the employee or payable as matching cost by the City, 'GREG GARDNER LESSONS IDATE IAMOUNT I 10/24/95 50.00 10/26/95 25.00 10/31/95 25.00 11/03/95 25.00 11/10/95 25.00 11/16/95 25.00 11/22/95 25.00 11/24/95 25.00 11/27/95 25.00 01/05/96 25.00 01/19/96 25.00 01/24/96 25.00 01/25/96 25.00 01/26/96 25.00 01/30/96 60.00 02/01/96 25.00 02/02/96 35.00 02/08/96 25.00 02/10/96 25.00 02/11/96 50.00 02/19/96 35.00 02/20/96 50.00 02/21/96 240.00 02/28/96 60.00 02/29/96 50.00 03/06/96 85.00 03/15/96 60.00 03/19/96 35.00 03/20/96 50.00 03/22/96 25.00 03/27/96 35.00 04/04/96 25.00 04/06/96 25.00 04/09/96 60.00 04/10~96 120.00 04/11/96 60.00 04/12/96 35.00 04/16/96 25.00 04/24/96 25.00 05/31/96 50.00 06/02/96 25.00 06/06/96 150.00 07/03/96 25.00 07/10/96 25.00 07/13/96 35.00 07/16/96 25.00 07/28/96 35.00 08/05/96 240.00 08/08/96 35.00 08/10/96 25.00 08/20/96 35.00 08/21196 25.00 08/28196 35.00 TOTAL 2460.00