HomeMy WebLinkAbout1204199494.284
94.285
PG i
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 7, 1994 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF TIlE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Coum:il with respect m agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet providedprior m the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION -
Presbyterian
ROLL CALL
Reverend Donald E. Swope - First
Church of Sebastian
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Presentation of Plaque - Edwin Gilcher - Past
Chairman - Emergency Management Committee - 7/91
to 11/94
B. Proclamation - Arbor Day - 1/20/95
94.260
PGS 3-11
94.248
PGS 13-16
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(in accordance with R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
Indian River Tree Recyclinq and Mulch - Request
for Special Use Permit (Director of Community
Development Transmittal dated 11/29/94,
Application, 10/10/94 P & Z Memo, 8/30/94 Dietz
Memo, 8/5/94 Boling Memo, 8/3/94 Petty Memo,
8/2/94 Johns Memo, Plans Under Separate Cover)
ORDINANCE NO. O-94-13 - Airport Rezonin~
(Director of Community Development Transmittal
dated 11/29/94, O-94-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONiNG; REZONING
CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL
AIRPORT FROM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT
AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
2
PGS 17-41
94.203
PGS 43-84
94.286
PG 85
94.287
PGS 87-90
94.184
PGS 91-111
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
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 - 11/9/94 Regular Meeting,
11/16/94 Regular Meeting, 11/21/94 Special
Meeting
Bid Award - Annual Contract for Utility Sites
Mowing and Grounds Maintenance (Utilities
Director Transmittal dated 11/21/94, Bid
Tabulation, Proposed Contract w/Attachments)
Fleming Street Bridge Reconstruction Bids -
Reject Ail Bids (City Manager Transmittal dated
11/18/94)
Bid Waiver - Purchase Ten 1995 DS Electric Club
Cars - $23,600 (Golf Course Transmittal dated
11/28/94, Chandler Letter, Quote, Budget)
RESOLUTION NO. R-94-65 - Modification #1 to
Statewide Mutual Aid Agreement (City Manager
Transmittal dated 11/14/94, Modification #1)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND
RESPONSE BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT,
INDIAN RIVER COUNTY AND ITS MUNICIPALITIES;
AUTHORIZING THE CITY MANAGER AND CiTY CLERK TO SIGN,
ON BEHALF OF THE CITY, MODIFICATION #1 TO THE
STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
94.288
PGS 113-115
94.289
PGS 117-119
10.
11.
94.290/
93.297
PGS 121-122
94.290
PGS 123-128
12.
94.226
PG 129
13.
94.291
PGS 131-133
Request Use of Community Center - C. Patrick
Flood - Wedding Reception - 12/17/94 - 8 pm -
Midnight - A/B - Security Paid - Permittee DOB
2/4/70 (City Clerk Transmittal dated 11/29/94,
Application, Excerpt from R-94-50)
Request Use of Yacht Club - Rotary Club -
Fundraiser Turkey Raffle and Dance - 12/17/94 - 3
pm to Midnight - A/B - Admission - Security Paid
- Permitte DOB 2/3/55 (city Clerk Transmittal
dated 11/22/94, Application, Excerpt from R-94-50)
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
Police Officers' Retirement Trust Fund Board of
Trustees
Accept Resignation of Marjorie Poole (City Clerk
Transmittal dated 11/30/94, 10/27/94 Poole
Letter)
Appoint Member to Police Officers' Retirement
Trust Fund Board - Unexpired Term to 10/1/95
(City Clerk Transmittal dated 11/30/94, Board
List, Section 58-51 Code of Ordinances)
OLD BUSINESS
Chamber of Commerce - Request Early Access to
Electricity in Riverview Park for Winter
Wonderland (King/Malek Letter dated 12/1/94)
NEW BUSINESS
A.
RESOLUTION NO. R-94-66 - Designate Hardee Oak
an Historic Tree (City Clerk Transmittal dated
11/30/94, R-94-66)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DESIGNATING THE "HARDEE OAK TREE"
(QUERCUS VIRGINIANA) LOCATED ON MAIN STREET BETWEEN
U.S. HIGHWAY ONE AND INDIAN RIVER DRIVE AS AN
HISTORIC TREE IN ACCORDANCE WITH SECTION 20A-14.4 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
94.292/
93.196
PGS 135-136
94.029
PGS 137-146
14.
15.
16.
17.
Consider Amendment to Schedule "B" of Airport
Lease between Charles Clay Price and City of
Sebastian (City Manager Transmittal dated
12/1/94, Second Addendum to Lease)
Charles Clay Price Request to Enter Into New
Sublease with Skydive Sebastian, inc./Andrew J.
Grimwade (City Manager Transmittal dated
11/30/94, 11/28/94 Price Letter, Proposed
Sublease, 10/3/94 Van Antwerp Letter, 1/26/94
Minutes Excerpt)
CiTY COUNCIL MATTERS
A. Mr. Frank Oberbeck
B. Mayor Arthur Firtion
C. Vice-Mayor Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
PROCLAMATION
WItEREAS, in 1872, J. Slerling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WI~IEREAS, fids holiday, called Arbor Day, was first observed wilh the
planting of more than n million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the
world; and
WHEREAS, tile nation observes Arbor Day on the third Friday in April; and
WHEREAS, each state may designale a day on which to observe Arbor Day,
and the Slate of Florida has chosen to observe Arbor Day on Jammry 20th, a time
at which new planting is most favorable; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water,' cut heating and cooling costs, moderate temperature, clean Ihe air, produce
oxygen and provide habilat for wildlife; and
WHEREAS, trees are a renewable resonrce giving us paper, wood for our
homes, fnel for fires and countless olher wood prodt,cts; and
WItEREAS,' trees in oar City increase property value~, enhance the economic
vitality of business areas, and beautify oar community, and wherever planted, are a
source of joy and spiritnal renewal; and
NOW, THEREFORE, I, Art. hut L. Firtlon, as Mayor of the City of Sebastian,
Florida, do hereby proclaim January 20, 1995 as
ARBOR DAY
in the City of Sebastian, and urge ali citizens Io support efforts to protect our trees
and woodlands and to sa~pport oar City's urban forestry program; and furlher urge
all citizens 1o plant trees 1o gladden hearts and promole the well-being of present
and futnre generations.
I hereby set my hand and affix the seal of the City of Sebastian, this 7th day of
December, 1994.
Arthur L. Firtion, Mayor
Kathryn M. O'llalloran, City Clerk
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: PUBLIC HEARING FOR
SPECIAL USE PERMIT REGARDING
INDIAN RIVER TREE RECYCLING
AND MULCH FACILITY
Approval for Submittal By:
CityManager ~-~0
) Dept. Origin: Community Develop~ent~
) (BCy
)
) Date Submitted: 1~29/94
)
) For Agenda Of: 12~O7/94
)
) Exhibits:
)
) 1. Application for Special Use Permit
) 2. Memo dated October 10, 1994 from
)
) 3. Memo dated August 30, 1994 from
) Daniel Dietz
) 4. Memo dated August 5, 1994 from
) Stan Boling
) 5. Memo dated August 3, 1994 from
) Earle Petty
) 6. Memo dated August 2, 1994 from
) Horry Johns
) 7. Plans prepared by Mosby
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of October 6, 1994 the Planning and 'Zoning'
Commission held a public hearing for a special use permit for Indian
River Tree Recycling and Mulch Facility pursuant to Section 20A-2.6 of
the Land Development Code.
At the conclusion of the public hearing, the Planning and Zoning
Commission passed a motion to recommend to City Council to approve the
special use permit for five (5) years for the mulch facility subject to
the following:
1. Meeting the requirements of the noise ordinance.
2~ Meeting the requirements of the Fire department.
Page 2
3. Submission of site plan pursuant to Ar rice X of the Land Development
Code.
The petitioned area is adjacent to the recently approved Vickers Grove
Sandmining operation and is bordered by the Florida East Coast Railroad
on the east side. This area is currently zoned Industrial and is
currently unplatted. The City Council approved Resolution R-89-44 for
a preliminary subdivision plat on September 13, 1989 but, the owners
never pursued a final plat within the proper time allotted pursuant to
the Land Development.
Ail truck traffic will enter via Vickers Grove (99th) off of U.S.#l,
which is a County road. Within your exhibits is a memorandum from Stan
Boling indicating no comments from the County regarding this project.
The proposed site will consist of 36 debris cells with a maximum size of
75 by 125 feet. There will be a 20 foot separation between all debris
cells. The plan indicates a 16 foot stabilized road along the east and
west side of the debris cells.
The Indian River County Fire Department has reviewed this project and
has no objections subject to the conditions outlined in the Bureau
Chief's memorandum dated August 30, 1994.
In the preliminary review of this project, staff recommended that this
site provide an emergency access road via Concord Avenue. A crash gate
or vegetated buffer that can be driven over by large emergency vehicles
would be recommended. The plan indicates a landscape berm on the north
side to buffer the existing residential area to the north.
Staff has met with the applicant's engineer and reiterated the Planning
and Zoning concerns and recommendation, which they will be prepared to
address at the meeting. Staff will be prepared to make a recommedation
after the applicant provides additional information at the public
hearing.
RECOMMENDED ACTION
Hold public hearing.
City Council may, in its sole discretion, grant a special use
permit in any district for s use which is not provided fo= in tile
zoning regulations. Ail such uses shall not be otherwise
illegal, and shall not be specifically probib~ted pursuant to the
comprehensive plan or other applicable law o= regulatl~.?
The City Council shall not grant any ~peclal use
1) The g:ant~ng of the pt=mit will not be det~en~L~.%
public safety, health or welfare or be ~,j~us tO
other properties o= improvements w~ehin the~ate
2) The use requested is consistent with the purpos~~
lnten~ of the respective ~str~ct, and can be
demonstrated to be s~milar ~n nature and compatible w~th
khe uses allowe~ in such d~strict.~~
The f~ fora special use pe=,~ ~s ,150~[establish~ by v
ResolUtion No. R-88-09). In a~tion the applicant must pro ~e
~he Cf~y Clerk's office w~th a l~st of the surroun~ing property
owners w~htn a 200~ ta~us of the sub~ect property along with
the appropriate certif~e~ return receipt mailing fee (currently
$2.29 for U.S. mailing).
NAME OF ~PLICANT. Henry A. Fischer a Sons, Inc.
ADDRESS OF APPLICANT~ ~0729 U.S. ~
Sebastian, Florida 32958
APPbICANT PHONE It (407)~89-3~59
.
L~G~ D~S~R~PT~ON OF ~UBJ~CT PROP~R~ See A~ched
$ONING OF SUBJECT PROPER~ Ind~trial
REASON FOR REQUEST FOR SPECI~ US~ PE~ITt
The
requested
use is not a listed p~rmittal nor nonpermittal use in th~
LDC but is compatible with ~the existing zoning. ·
b: specuse, app
WAIVER AND CONSENT m
i/we, the owner(s) of the property located at Vickeri_s Grove ,
Sebastian, Indian River County, Florida, (the .Proper~y"), hereby
authorize e~h and eve~ me.er of the Planning
Board/Cotillion of the . City of Sebastian ( the
"Board"/"Co~ission") to physically enter upon the property and
view the Property in connection with ~/our pending Special Use Permit
the "Proceeding" ) · --'
(
I/We hereby waive any objection or defense I/we may have, due to
the quasi-judicial nature of the proceeding, resulting from any
Board/Co~ission me.er entering or viewing the property, including
any claim or a~sertion that my/our procedural or substantive aue
process rights under the Florida Constitution or the United States
Constitution were violated by such entering or viewing.
This Waiver ~d Consent is being signed by me/us voluntarily and
not as a result of any coercion applied, or pro~ses made, by any
employee, agent, contractor or official of the City of Sebastian.
Dated this ~& day of 0,,1~- , 199 ~/ .
~0~ to and ~b~o~ibed before me thie ~ da~
m
I
ThE BUILDING OFFICI~ ~Y ~OUIRE ~DITION~ BACKUP INFO~ATION m
m
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
MEMORANDUM
October 10, 1994
TO:
FROM:
REFERENCE:
Mayor and City Council
Gerry Kubes, Secretary ~--
Planning & Zoning Commission
Indian River Tree Recycling & Mulch Facility
At its regular meeting of October 6, 1994, the Planning and
Zoning Commission passed a motion to recommend to City
Council to approve a special use permit for five (5) years
for Indian River Tree Recycling & Mulch Facility subject to:
1. Meeting the requirements of the noise ordinance,
2. Meeting the requirements of the Fire Department,
3. Submission of a site plan pursuant to Article X.
\gk
irtrmf.doc
INDIAN RIVER COUNTY
FiRE PREVENTION BUREAU
MEMORANDUM I
To: Bruce Cooper ~~;'~;'~ I
City of Sebastian
. i -'
From= DanielJ. Dietz, BureauCh,e~ /i I
Fire Prevention Bureau '-/~""
Date: August 30, 1994 . . ~~-- I
Subject: Indian .River Tree Recycling & Mulch faczlity I
~ Se_ast~an,b. Florida. . . --~ I
The Fire Prevention Bureau has rewewed the rewsed drawings dated August 24,1994
pertaining to the above referenced project. The fire protection features have greatly I
improved from the original plan, however, this office would like to make the following
comments on the revised plan; i
1) The west access road should be equally constructed and as stable as the
east access road to assure fire apparatus movement under all weather
conditions. , . I
2) The use of dry fire hydrants on 600 ft. centers is acceptable providing;
A) They are installed and positioned per the attached I
specifications. .
B) A "hard suction hose" (10'x 5") is required to be kept on site
to allow fire trucks to attach to the dry hydrant and draft I
water (see attached specs).
I
If any additional information is required, please contact me.
i
cc: Mr. Randy Mosby, w/enclosure I
I
TO:
FROM:
DATE:
SUBJECT:
INDI~ RI~R COUNTY, FLORIDA
MEMORANDUM
Bruce Cooper
Sebastian Director of Community Development
Start Boling,~ICP
County Planning Director
August 5, 1994
Fischer & Sons Special Use Permit for a Mulch Facility
Off Vickers Road (in the City of Sebastian)
County staff appreciates the opportunity to review the referenced
site plan (1 sheet, dated July 26, 1994). Based upon our
understanding that no burning/incineration operations are proposed,
planning staff has no comments. Also, please be advised that
county traffic engineering staff and Public Works Director Jim
Davis have reviewed the plans and have no comments.
I have forwarded the plan to Dan Dietz of the fire department for
his review and comments. You may wish to contact Dan at 562-2028
for his department's comments.
SB/ca
CC:
Robert M. Keating, AICP
Bill Strange, P.E.
John King, Emergency Services
Randy Mosby, project engineer
Jim Davis, P.E.
Dan Dietz, Fire Dept.
u\c\s\fischer.mem
SEBASTIAN
POLICE
DEPARTMENT
Earle L. Petty, Chief of Police
DA~
TO
FROM
SUBJECT
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
! b I IIII II IIIL
August 3, 1994
Bruce Cooper, Director of Community Development
Earle L. Petty, Chief of Pol~e~.;
Special Use Permit for Mulch Facility
Upon reviewing the site plan submitted by Mosby I can find nothing
which would cause concern or alarm for the police department.
This area is currently being frequented by large vehicles i.e.,
dump trucks, and earth moving equipment and has posed no recorded
problems to the surroundingarea residents.
Additionally there appears to be a tremendous volume of accessible
water in the event of a fire.
DJP/jh
City of Sebastian
1225 MAIN STRE~ D SEBASTIAN, FLORIDA 32958 '.."--'~. ;..~ ....
,,~ ~ .,~_1~--.-~
TELEPHONE (40~ ~9-5330 a F~ (407) 589-5570 "<..
DATE:
TO:
FROM:
RE.~
MEMORANDUM
August 2, 1994
Bruce Cooper
Director of Community Development
Special Use Per'or Mulch Facility
Please be advised that I have no comments in addition to the ones
set forth in your memo of August 1, 1994.
Thank you.
ITEM N~O~
ROLL CALL
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
ITEM NO.
ROLL CALL i
ROLL CALL
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
ITEM NO.
ROLL CALL 3
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
Mrs. Damp
ITEM NO.
ROLL CALL 4
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
ITEM NO.
ROLL CALL
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
iTEM NO.
ROLL CALL
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
Mrs. Damp
ITEM NO.
ROLL CALL 4
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
Mrs. Damp
Mr. Freeland
ITEM NO.
ROLL CALL
Mayor Firtion
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
Mrs. Damp
Mr. Freeland
ITEM NO.
ROLL CALL 5
Mayor Firtion
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
ITEM NO. .
ROLL CALL i
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
ITEM NO.
ROLL CALL
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
ITEM NO.
ROLL CALL
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
Mrs. Damp
ITEM NO.
ROLL CALL 4
Mr. Oberbeck
Mayor Firtion
Mrs. Corum
Mrs. Damp
Mr. Freeland
ITEM NO.
ROLL CALL
Mayor Firtion
Mrs. Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 13 FAX (407) 589-5570
SUBJECT: ORDINANCE O-94-13
PUBLIC HEARING REGARDING
REZONING OF CERTIAN AIRPORT
PROPERTY FROM IND TO AI
Approval for Submittal By:
City Manager ~
)Agenda Number: ~. 2~
)
) Dept. Origin: Community. Development
Date Submitted:
For Agenda Of:
Exhibits:
11/29/94
12/07/94
Ordinance O-94-13
EXPENDITURE
REQUIRED-.
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of October 26, 1994 the City Council approved the
first reading of Ordinance O-94-13 and the set the public hearing for
December 7, 1994.
~ECOMMENDED ACTION
Move to adopt Ordinance 0-94-13.
WHEREAS, =he Airport Master Plan was adopted by the City of
Sebastian~ and
WHEREAS,
the current zoning is consistent with airpor~ mas=er
'plans except for a strip of land which is described in this
ordinance; and
WHEREAS, the city Council of the City of Sebastian, Florida,
has considered the criteria identified in Section 20A-11.6 of the
Land Development Code. to~ether with ~he recommended
recommendations of its staff and Planning and Zoning Commission:
and
WHEREAS, the City CoUncil of the City mf Sebastian, Florida,
has deter~ined that the req~lested change in zoning should Be made
findings and I
in the public interest to provide the property described in this
Ordinance is zoned in accordance with the Airport Masker Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIA/4,' INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the following described real property:
A PARCEL OF LAND LYING IN SECTION 29 OF THE
FLEHING GRANT B~ING MORE FULLY DESCRIBED AS
FOLLOWS: cOMMENCING AT THE MOST WESTERL~
CORNER OF SAID SECTION 29; THENCE S 44' 09'59"
E, 818.81 FEET TO T~E CENTER--NE OF ROSELAND
ROAD; THENCE N 04 ' 37 ~ 30" W ALONG SAID
cENTF~NE 514.65 FEET; THENCE S 89'57.45~ E,
644.46 FEET TO THE POINT OF BEGINNING; TI~CE
N 00'02~15" E, 1936.00 FEET; THENCE S
89.57~45" E, 425.00 FE~T; THENCE S 00'02t15" W
3970.00 FEET; THENCE N 89'57t45" W 425.00
FEET; THENCE N 00'02~15 E, 2034.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1,687,250 SQUARE FEET OR 38.73 AC~S,
MOI~E OR LESS - SAID PROPERTY BEING LOCATED iN
INDIAN RIVER cOUNTY, FLORIDA.
th. iS Ordinance is he, reby rezoned from IN (industrlal Distrio~.) .to
C~tY zoning Distrzct AI (Airport and industrial Facilities
District). The official City zon.ing Map shall be amended to
reflect =his change in zoning
~ CONFLICT. All ordinances or parts of ordinances
in conflict herewi=h are hereby re~ealed. ,,
Sec~ SEVER~BILITY- In the event a court of oompeten, t
2rdinanoe is invalid or uncons=l:utional, t_he remainder cz
ordinance shall not be affected an~ l~ shall be pressed ~at ~he
City Council of ~e City of Sebastian aid not intend to enact suc~
invalid or unconstitutional provision. It shall f~er be assumed
Ordinance without said invalxd and unoonsti=utzonal provision,
=hereby causing said reminder =o remain in full force and effect.
~ This ordinance shall become mffeouive i~ediately
upon its adoption.
The
Councilmea~er ........ ·
by Counoilmember
into a vote, the vote was as folloWs=
foregoing Ordinance was moved for adoption by I
The motion wag seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn corum
Counoilmember Norms J. Damp
councilmember Robert Freeland
Councilmember Francis J. Obsrbeck
The Mayor ~hereupon declared this Ordinance duly passed and
adopted this
, 1994.
day of
CITY OF SEBASTIAN, FLORIDA
By:
Xrthur' L. Fir~i"~'~, Mayor
ATTEST:
Kathryn M. ~'%'~alloran, cMCiAA~-
(Seal)
Approved as to Form and Content:
dlifton A. McClelland, Jr. I
City Attorney _
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 9, 1994 - 7:00 EM.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the Cio, Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
(This meeting begins in the middle of TAPE I - SiDE I,
following 11/9/94 Board of Adjustment)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. No invocation was given.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Deputy City Clerk, Sally Maio
Jr.
Regular city Council Meeting
November 9, 1994
Page Two
94.272
$
5. AGENDA MODIFICATIONS .(A~DITIONS AND~OR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
The City Manager requested the addition of a request
from Sharky's Drafthouse, Inc. dba No Name Bar for
outdoor entertainment at its anniversary party on
November 19, 1994.
MOTION by Corum/Oberbeck
I make a motion to add Sharky's No Name Bar
request under New Business item 13 C.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - "Neiqhborhood Clean-Up D__~_y" -
Sebastian Junior Women's Club - 12~10/94
- Alice Russell AcceDti~q
Mayor Firtion read and presented a proclamation to
Alice Russell, Sebastian Women's Club.
Alice Russell addressed the public and urged
cooperation with "Neighborhood Clean-up Day".
7. PUBLIC HEARING, FINAL ACTION
None.
2
i
I
I
I
i
I
i
I
I
I
I
I
I
I
.I
I
I
i
I
Regular City Council Meeting
November 9, 1994
Page Three
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Sal Mancino, 1625 Whitmore Street, Sebastian,
addressed City Council on the poor condition of
Whitmore Street asphalt and drainage and requested
the City take action. Mayor Firtion advised Mr.
Mancino to speak with the City Manager and Mr.
Oberbeck requested a report from the city Manager
within five days.
Mary Burgelin, 532 Quarry Lane, Sebastian, addressed
city council on high grass and overgrowth of trees on
the vacant lot behind her home. She was informed
that there is no ordinance regarding growth on
undeveloped lots.
Mayor Firtion suggested this item be placed on a
future workshop agenda.
TAPE I - SIDE II (7:24 p.m.)
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately. '~'
Approval of Minutes - 10/26/94 Regular Meeting,
11/2/94 Workshop
Regular City Council Meeting
November 9, 1994
Page Four
94.224 B.
Resolution No. R-94-59 - Sebastian Inlet Marina
and Trading Company - Special Use Permit -
Captain Hiram's Miniature Golf Course (Director
of Community Development Transmittal dated
10/31/94, R-94-59)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO THE
SEBASTIAN INLET MARINA AND TRADING COMPANY TO
CONSTRUCT AN EIGHTEEN HOLE MINIATURE GOLF COURSE ON
APPROXIMATELY TWENTY THOUSAND SQUARE FEET OF LAND AT
1606 NORTH INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA,
32958; FINDING THE USE IS NOT DETRIMENTAL TO THE
PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT
WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE
COMMERCIAL DISTRICT; PROVIDING FOR SEVERABiLITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
94.273/
94.245
Resolution No. R-94-60 - Barnett Bank Corporate
Resolution for Payroll Imprest Fund (Finance
Director Transmittal dated 11/2/94, R-94-60
w/Exhibit Corporate Resolution)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A
BARNETT BANK CORPORATE RESOLUTION FOR THE PURPOSE OF
PROVIDING A PAYROLL IMPREST BANK ACCOUNT FOR THE CITY
OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. '~-
94.274/
93.129
Resolution No. R-94-61 - Amending Treasure Coast
Council of Local Government Membership (City
Clerk Transmittal dated 11/2/94, R-94-61, Joint
Resolution, Braisted Letter)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-93-15
WHICH AUTHORIZED COMBINING WiTH CERTAIN OTHER
GOVERNMENTAL UNITS TO FORM A COUNCIL OF LOCAL
GOVERNMENTS PURSUANT TO SECTION 163.02, FLORIDA
STATUTES; AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST, ON BEHALF OF THE CITY, THE JOINT
RESOLUTION, ATTACHED AS EXHIBIT "A" AMENDING THE
PRIOR JOINT RESOLUTION TO ADMIT THREE NEW MEMBERS TO
THE "TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS";
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Regular city Council Meeting
November 9, 1994
Page Five
94.275/
93. 140
94.087/ F.
93.119
94.276 G.
94.224
Bid Award - Groundwater Cleanup for Central
Garage - ViroGroup - Low Bid - $60,369.00
(Director of Community Development Transmittal
dated 11/2/94, Bid Tabulation, Bid Specs, DEP
Letter, Contract)
Yacht club Pier Modification Bids - Reject Ail
Bids and Rebid Project (city Manager Transmittal
dated 11/1/94)
Sweet Pea Pageants - Request Use of Riverview
Park - 1/14/95 - 9 am to 2 pm - Use of
Electricity - Standard Conditions (Director of
Community Development Transmittal dated 10/27/94,
Doane Letter)
The City Manager read the consent agenda and the City
Attorney read titles for Resolutions No. R-94-60, and
R-94-61.
Mr. Oberbeck removed items B and E at the request of
the City Attorney; Mrs. Corum removed item G.
MOTION by Oberbeck/Corum
I'd move for the approval of items A, C, D and F.
The City Attorney read titles for Resolutions No.
R-94-60 and R-94-61.
ROLL CALL:
Mrs. Damp - aye
Mr. Yreeland - aye
"~Mr. Oberbeck - 9ye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Resolution No. R-94-59 - Sebastian Inlet Marina
and Trading Company - Special Use Permit -
Captain Hiram's Miniature Golf Course
The City Attorney stated he had submitted a sketch
not included in the agenda packet, made reference to
it in Section 2 of the Resolution and he read
Resolution No. R-94-59 by title only.
Regular City Council Meeting
November 9, 1994
Page Six
94.275/
93. 140
MOTION by Corum/Freeland
I'd move the approval of R-94-59.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Mr. Oberbeck requested that the policy established in
the past for Council not to act on items presented at
the meeting be adhered to in the future.
Bid Award - Groundwater Cleanu~ for Central
Garag_~ - ViroGroup ~ Low Bid - ~69.00
The City Attorney noted a change to Paragraph 2 a of
the proposed agreement, which he submitted to City
Council tonight, which, he said makes the agreement
correspond to the bid documents.
Mrs. Corum suggested these matters be taken care of
before the agenda packet is submitted to City
Council.
The City Attorney read the changes.
City Council requested that all contracts be reviewed
by the City Attorney prior to submission to Council
in its agenda packet and the City Manager said this
contract was prepared by the preyious City Attorney
and future procedures have already been addressed.
MOTION by Freeland/Oberbeck
I'd move to approve item E.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Regular City Council Meeting
November 9, 1994
Page Seven
94.276
94.277
10o
G. Sweet p~.a Paqeants
Mrs. Corum expressed concern regarding this use.
MOTION by oberbeck/Freeland
I would move to allow this lady (Sweet Pea
representative) to approach Council and explain to
us what this program is about.
VOICE VOTE on the motion carried 5-0.
Cindy Doane, Sweet Pea Pageants, said the
organization would be willing to pay for use of the
park, that they charge $25 for each participant, the
purpose of the pageants is to promote self-esteem and
that she had been requested by Sebastian residents to
conduct a pageant in Sebastian.
The city Manager questioned the use for commercial
purposes.
MOTION by Damp/Oberbeck
I move to grant the request for the Sweet Pea
pageant to use Riverview Park on January 14.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - nay
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 3-2 (Corum, Freeland - nay)
Mayor Firtion called recess at 7':56 p.m. and
reconvened the meeting at 8:10 p.m. All members were
present.
PRESENTATIONS
Craft Club of Sebastian - Presentation of $500
Check to City - Riverview Park Restrooms - Velita
Brooks
Kathy Staab, President of the Craft Club of
Sebastian, presented a check for $500.00 to the City
for Riverview Park Restrooms.
7
Regular City Council Meeting
November 9, 1994
Page Eight
11. COMMITTEE REPORTS/R~COMMENDATIONS
None.
12. OLD BUSINESS
None.
13. NE__W BUSINESS
94.278/ A.
90.018
Revised Golf Course Lease Aqreement - DTF. ~nc.
..(Finance Director Transmittal dated 10~
Pr__~p_posed Aqreement)
The City Manager presented the revision to the DTF,
Inc. Golf Course concession lease agreement with a
five year renewal and noted that DTF has requested an
amendment to alcoholic beverage gross receipts
percentage fee.
City Council discussion followed.
TAPE II - SIDE I (8:25 p.m.)
Discussion continued.
Mr. oberbeck requested an annual adjustment in the
CPI. Mrs. Corum requested the lease be bid out
again.
MOTION by Freei'and/Damp
I recommend adoption of the Golf Course
restaurant as written, the agreement as written.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - nay
MOTION CARRIED 4-1 (Corum - nay)
8
Regular city Council Meeting
November 9, 1994
Page Nine
94.188 B.
94.279
Resolution No. R-94-62 - Uniform Fee Application
for Building Permits - Canceling Waivers (City
Manager Transmittal dated 11/3/94, R-94-62)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GOVERNING THE ISSUANCE OF BUILDING
PERMITS; PROVIDING FOR UNIFORM APPLICATION OF THE FEE
SCHEDULE TO APPLICANTS FOR PERMITS; CANCELING ANY
WAIVERS OR REDUCTION FOR RELIGIOUS OR NON-PROFIT
ORGANIZATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-94-62 by
title only.
MOTION by Corum/Oberbeck
I make a motion for Council to accept R-94-62.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Consideration of Authorization of Shark¥'s Draft
House Inc., DBA No Name Bar. 490 U.S. 1 Outside
Entertainment 8:00 p.m. to Midniqht
Damian Gilliams, 713 Layport Drive, Sebastian,
presented the r~quest to Council.
MOTION by Corum/Freeland
I move Council approves for Sharky's No Name Bar
to have outside entertainment as he requested on the
date of November 19, 1994 from 8:00 p.m. to midnight.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
9
Regular City Council Meeting
November 9, 1994
Page Ten
14.
15.
16.
~ITY COUNCIL MATTERS
A. Mrs. Norma DamR
Mrs. Damp discussed an anti-litter program for the
City.
B. Mr. Robert Freeland
None.
C. Mr. ~rank Oberbeck
None.
D. Ma_M~ Arthur Firtion
Mayor Firtion announced the United Way tournament on
Saturday, November 12 and commended Sebastian River
High School students for their participation.
E. Vice-Mayor Carolyn Corum
Vice Mayor Corum discussed Laconia Street; the
Sembler platform; too many signs at the Creative
Playground suggesting they can be reduced to one
sign; and requested staff obtain a vertical profile
of well field zone of influence.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
The City Manager requested that the policy be
confirmed that the family golf course membership fee
be limited to only husband and wife and children
under 18 years of age and not include two sisters,
two brothers, etc. City Council concurred.
The City Manager discussed the concept of "block
parties" stating the policy he has used in the past
is to request the applicant to obtain approval from
all affected property owners. He said he had
received a request for a block party on November 19,
1994 and indicated that the. city would be responsible
for blocking the streets.
Regular City Council Meeting
November 9, 1994
Page Eleven
17.
Following some discussion, it was the consensus of
City Council to object to block parties.
The City Manager reported that an ordinance will be
presented in the near future which will incorporate
mandatory commercial trash pickup with the current
franchise ordinance.
Being no further business, Mayor Firtion adjourned
the meeting at 9:05 p.m.
Approved at the
Meeting.
, 1994, City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
11
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 16, 1994 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
There was a mom.~nt of silent prayer
Tuesday's tornado in Brevard County.
for victims of
4. ROLL CALL
city Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Attorney, Clifton A. McClelland,
Director of Community Development,
Bruce Cooper
Deputy city Clerk, Sally Maio
Administrative Secretary, Joanne
Jr.
Sandberg
Regular City Council Meeting
November 16, 1994
Page Two
m
AGENDA MODIFICATIONS IADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(R-94-54):
- Mayor Opens Hearing
.- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public InformatioD Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
2
Regular city Council Meeting
November 16, 1994
Page Three
94.280 A.
RESOLUTION NO. R-94-63 - Atlantic Gulf
Communities - E & E Development, Sebastian Acres
- Minor Subdivision Plat (Community Development
Transmittal dated 11/8/94, R-94-63, Application,
Atlantic Gulf Letter, LDC Sections, Masteller
Memo, Watters Memo, P & Z Memo, Williams Memo,
Fowler Memo)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF SEBASTIAN ACRES; CONSISTING OF
5.35 ACRES, MORE OR LESS, LYING IN SECTION 23,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO
SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT
THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN
RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Firtion opened the quasi-judicial hearing at
7:03 p.m.
The Deputy City Clerk administered an oath to all
those planning to give testimony.
The City Attorney read Resolution No. R-94-63 by
title only.
The Director of Community Development briefly
explained the requested minor subdivision plat for
Sebastian Acres"'from E & E Development, stated the.
application meets the criteria of Section 20A-
16.1.c.1 of Land Development Code and submitted a
warranty deed and letter indicating that E & E
Development holds title to the property.
Shirley Kilkelly, 950 Franciscan Avenue, Sebastian,
suggested a condition be imposed that no clearing
may begin until construction is ready to start and.
until a drainage plan is approved.
John King, 182 DelMonte Road, Sebastian, said the
lots cannot be further subdivided, noting that 52,000
square feet is the minimum required lot size and said
he did not agree with a required drainage plan for
the subject property based on his observations of
drainage conditions in the subject area and other
areas of the City.
Regular City Council Meeting
November 16, 1994
Page Four
Mayor Firtion closed the quasi-judicial hearing at
~7:18-~p.m.
MOTION by Oberbeck/Freeiand
I would moVe to approve Resolution No. R-94-63.
Vice Mayor Corum inquired as to criteria for minor
subdivision, whether this was considered a project
and location of run-off. The Director of Community
Development responded that run-off will depend on
development of each home and that separate retention
areas are not required of single family homes.
The City Attorney advised that any future attempt to
further subdivide the land would have to come back to
Council.
TAPE I - SIDE II (7:33 p.m.)
ROLL CALL:
Vice Mayor Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
- nay
- aye
- aye
- aye
- aye
MOTION CARRIED 4-1 (Corum - nay)
8. PUBLIC HEARING FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
4
Regular city Council Meeting
November 16, 1994
Page Five
94.105 A.
ORDINANCE NO. p-94-11 - Amending GMC and MCR.
Zoning District Uses (Community Development
Transmittal dated 11/9/94, O-94-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
6.1 C. 17. a. OF THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE TO INCLUDE BAIT AND TACKLE SHOPS AS
A CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-3.11 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR
STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE
GENERAL MARINE COMMERCIAL DISTRICT; AND AMENDING
CHAPTER 20A, SECTION 20A-3.12 C. OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING
LOTS WITHOUT BUILDINGS OR STRUCTURES.ON THE LOTS AS A
CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-6.1 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO ADD AN ADDITIONAL SUBSECTION (33) TO PERMIT
PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE
LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL
AND RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE
COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
The city Attorn~'y read Ordinance. No. O-94-11 by title
only, Mayor Firtion opened the hearing at 7:35 p.m.
and, being no public input, closed it.
Vice Mayor Corum suggested that individual issues be
addressed in separate ordinances.
The Director of Community Development advised that
there may be many amendments to the Land Development
Code in the near future and that City Council members
have the opportunity to amend an ordinance as they
deem appropriate.
The City Attorney advised that it is Council's
option to delete particular words or sections of an
ordinance at a hearing, as long as the point is not
reached where Council adds section causing a person
reading a title to be unaware of new provisions, thus
depriving the person of due process rights.
Regular City Council Meeting
November 16, 1994
Page Six
94.223
Mayor Firtion closed the public hearing at 7:43 p.m.
Vice Mayor Corum suggested removal of language
in the ordinance relative to allowing parking lots
without buildings or structures as conditional uses.
MOTION by Oberbeck/Freeland
I would move for the approval of Ordinance No.
0-94-11.
ROLL CALL:
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- aye
- aye
- nay
MOTION CARRIED 4-1 (Corum - nay)
ORDINANCE NO. O-94-12 - Amending Building Height
in GMC Zoning (Community Development Transmittal
dated 11/9/94, 0-94-12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE
GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A
MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE
OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM
BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF INDIAN
RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL
DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR
RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Firtion opened the public hearing at 7:52 p.m.
The City Attorney read Ordinance No. O-94-12 by title
only.
The Director of Community Development explained the
proposed ordinance.
Regular city Council Meeting
November 16, 1994
Page Seven
94.281
10.
Mayor Firtion closed the public hearing at 7:56 p.m.
MOTION by Damp/Oberbeck
I move to adopt Ordinance No. O-94-12.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
None.
CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
RESOLUTION NO. R-94-64 - Vacation of Easement
(City Clerk Transmittal dated 11/8/94, R-94-64,
Application, Survey, Letters of No Objection)
A RESOLUTION OF"'THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTHWEST FIVE FEET OF THE
SOUTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENT, OF LOT 81, BLOCK 299, SEBASTIAN HIGHLANDS
UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 7-56J, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR~
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
The city Manager read the consent agenda.
Regular City Council Meeting
November 16, 1994
Page Eight
The City Attorney read Resolution No. R-94-64 by
title only.
MOTION by Oberbeck
I move to approve the consent agenda.
Vice Mayor Corum requested discussion of item A,
stating she was hesitant to give up an easement
adjacent to the Elkcam Waterway.
Mr. Freeland seconded the motion.
ROLL CALL:
Mr. Oberbeck
Mayor Firtion
Vice Mayor Corum
Mrs. Damp
Mr. Freeland
- aye
- aye
- nay
- aye
- aye
MOTION CARRIED 4-1 (Corum - nay)
Mayor Firtion called recess at 7:58 P.m. and
reconvened the meeting at 8:05 p.m. All members were
present.
11.
12.
PRESENTATIONS
None.
COMMITTEE REPORTS/RECOMMENDATIONS
94.282
13.
14.
None.
OLD BUSINESS
None.
NEW BUSINESS
Discussion and Direction to City Attorney on
Pr__~g_posed Annexation, Comprehensive Land Use
Amendment and Rezoninq /Petition for AnDexation,
MaD, Land USe and Rezoninq Applications, P & Z .~
Recommendations, Bolinq Letter, Asher Letter LDC
Sections}
The City Attorney advised City Council On appropriate
procedures relative to this matter. He said that the
Department of Community Affairs advises that the
first quasi-judicial hearing on the comprehensive
land use plan amendment be conducted and then
Regular City Council Meeting
November 16, 1994
Page
submitted to them for review. When returned from DCA
with comments, if favorable, a hearing is then
conducted on the annexation, second hearing on
comprehensive land use plan amendment and rezoning in
that order.
Vice Mayor Corum inquired how the City can get
adjacent county residential property rezoned.
MOTION by Damp/Freeland
I move for the first judicial comp plan amendment
to be held on December 21, 1994.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
15. CITY COUNCIL MATTERS
A. Mr. Robert Freeland
None.
B. Mr. Frank Oberbeck
None.
C. M_D_yor Arthur Firtion
Mayor Firtion stated that the City is not involved in
a "title fight" relative to the Julian property.
TAPE ii - SiDE I (8:10 p.m.)
D. Vice-Mayor Carolyn Corum
Vice Mayor Corum expressed surprise at the Mayor's
statement, whereby Mayor Firtion further explained.
his statement; reported on the Barefoot Bay tornado,
suggesting residents invite people into their homes
for Thanksgiving; requested concurrence from City
Council to apply for City designation as a Tree City
USA, to which Mr. Oberbeck requested that Vice Mayor
Corum bring back information to Council; requested
that charges for use of Riverview Park North, events
and closing of streets, and use of Riverview Park be
placed on the January workshop with staff
Regular City Council Meeting
November 16, 1994
Page Ten
recommendations; discussed compliance with the
comprehensive land use plan by amendment of the Land
Development Code specifically the removal of
Australian pines, and suggested the comp plan be
followed relative to removal of invasive nuisance
exotic vegetation.
E. Mrs. Norma Damp
None.
16. CITY ATTORNEY MATTERS
The City Attorney reported on his endeavor, on behalf
of City Council, to ascertain how to proceed to have
the Sebastian River designated a "wild and scenic
river", stating it will require the adoption of a
bill by Congress requiring a feasibility study. The
impact of the designation would be the ability of
U.S. Park Service to comment on the use of federal
funds that affect the river.
17. CITY MANAGER MATTERS
The City Manager said the City received documentation
relative to designation as a Tree City and would
report further.
18.
Being no further business, Mayor Firtion adjourned
the Regular Meeting at 8:25 p.m.
Approved at the
Meeting.
1994, City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
10
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 13 FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
MONDAY, NOVEMBER 21, 1994 - 5:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
No public input shall be allowed at a special meeting, other than during a scheduled public
hearing, if any, unless otherwise provided in the meeting call. (R-93-19)
PURPOSE:
Consider Application from Joan Mira and Robert
Hood for Use of Yacht Club - 11/26/94 - A/B -
Wedding Reception
Mayor Firtion called the Special Meeting to order at
5:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff
Present:
City Manager, Joel L. Koford
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Absent:
Attorney, Clifton McClelland, Jr. - Excused
Special City Council Meeting
November 21, 1994
Page 2
Consider Application from Joan Mira and Robert
Hood for Use of Yacht Club - 11/26/94 - Wedding
Reception - 1:00 p.m. to 6:00 p.m. - Security Paid -
Permittee DOB 12/29/35 (City Clerk Transmittal dated
11/21/94, Application)
A very brief discussion ensued.
MOTION by Oberbeck/Corum
I would move to approve the request as submitted
for the use of the Yacht Club for Joan Mira on
11/26/94 from l:00 p.m. - 6:00 p.m. and approve
the use of alcoholic beverages at that time.
ROLL CALL:
Vice Mayor Corum
Mrs. Damp
Mr. Freeland
Mr. Oberbeck
Mayor Firtion
aye
aye
aye
aye
aye
MOTION CARRIED 5-0
ADJOURN
Mayor Firtion adjourned the Special Meeting at 5:07
Approved at the
Meeting.
, 1994, City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I
i
i
I
I
I
I
I
i
I
I
I
I
I
i
I
I
I
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.
i City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Annual Contract for Utility ) Dept. of Origin Utilities
tenance. ) Utilities Director
Approval for Submittal By:
City Manager: %F_.-~
)
) Date Submitted: November 21, 1994
)
) For Agenda Of, December 7, 1994
)
) Exhibits: Summary sheets of Bids.
Proposed Contract w/Attachments
EXPENDITURE
REQUIRED~ $11,988.00
AMOUNT APPROPRIATION
BUDGETED: $18,000 REQUIRED: N/A
SUMMARY STATEMENT
The Annual Contract for...Mowing and Grounds Maintenance for
nine (9) Utilities Sites was rebid on November 7, 1994. The three
bids received as shown on the attached exhibit were reviewed by the
Bid Review Committee on November 10, 1994. The Committee
recommended that the contract be awarded to Palm Bay Lawn Service
and Landscaping.
RECOMMENDED ACTION
It is recommended that the City Council move to award the
Annual Contract for Mowing and Grounds Maintenance for Nine
Utilities Sites to Palm Bay Lawn Service and Landscaping in the
amount of $11,988.00, effective start date to be January 1, 1995.
:>
0, o ~= g ~o oo
m ~ - o o
CITY OF SEBASTIAN
UTILITIES DEPARTMENT
BID DOCLrMENTS FOR
ANNUAL GROUNDS MAINTENANCE CO--CT
FOR NINE SPECIFIC WATER AND SEW'ER UTILITY SITES
IN THE CITY OF SEBASTIAN
OCTOBER. 1994
CITY OF SEBASTIAN
700 MAIN STREET
SEBASTIAN, FL 32958
PHONE (407) 388-5357
FAX (407) 388-5536
NOTICE OF INVITATION TO BID
SEALED BIDS FOR UNIT PRICES FOR THE MOWING AND GROLrNDS
MAINTENANCE OF THREE UTILITY PLANT SITES, AND SIX LIFT STATION SITES
WITHIN THE CITY OF SEBASTIAN WILL BE ACCEPTED BY THE CITY OF SEBASTIAN,
IN Tt{E OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET,
SEBASTIAN, FLORIDA 32958 UNTIL 2:00 P.M. ON MONDAY, NOVEMBER 7, 1994.
BID ENVELOPES AKE TO BE MARKED AS FOLLOWS:
CONTRACT MOWING AND GROUNDS MAINTENANCE OF UTILITY PLANTS,
AND LIFT STATION SITES
THE CITY OF SEBASTIAN IS SEEKING BIDS FROM LICENSED CONTRACTORS
FOR THE GROUNDS MAINTENANCE OF THREE UTILITY PLANT SITES, AND SlX LIFT
STATION SITES WITI-IIN THE CITY OF SEBASTIAN. CONTRACTORS SHOULD HAVE
L.ARGE TRACTOR MOWERS OR BUSH HOGS IN ORDER TO PERFORM THE JOB
SATISFACTORILY. MOWING SHALL BE BASED ON A UNIT PRICE FOR ALL NINE (9)
SITES FOR AN APPROXIMATE TOTAL OF EIGHT (8) ACRES. PROSPECTIVE BIDDERS
MUST CONTACT THE CITY CLERK'S OFFICE 1N PERSON, BY MAIL AT THE ABOVE
ADDRESS, OR BY TELEPHONING (407) 589-5330, FOR BIDDING DOCUMENTS AND
SPECIFICATIONS.
QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO Ti-IE CITY OF
SEBASTIAN, UTILITIES DIKECTOR, RICHARD B. VOTAPKA, P.E. BIDS WILL BE
PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON MONDAY,
NOVEMBER 7, 1994 IN THE CITY HALL CONFERENCE ROOM. THE CITY RESERVES
THE RIGHT TO REJECT ANY AND ALL BIDS.
BY:
KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH:
VEKO BEACH PKESS JOURNAL
(DATE)
Tuesday, October 25, 1994
Legal Notices
Six (6) copies of the bids shall be submitted on the Bid Proposal Forms provided by the City.
Bids shall be enclosed in a sealed envelope which shall show the date and time for the opening
of the bids, the name of the bid, and the name and address of the Bidder.
Late bids, telegraphed, or FAXed bids will not be considered. However, bids may be
withdrawn by telegraphic or FAX notice, providing such notices are received prior to the
hour and date specified on the bid.
Bids must be received at or before the specified time of opening as designated on the Notice
of Invitation to Bid. Bidders are welcome to attend; however, attendance is not mandatory.
Bids will be immediately opened after the time designated in the Notice of Invitation to Bid
and publicly read aloud, providing one or more Bidders are in attendance. A bid tabulation
will be furnished upon request after the bids have been reviewed and analyzed by the Utilities
Department.
Bid files may be examined during normal working hours, ten (10) days after bid opening by
appointment.
Bidders shall follow all instructions and provide all information requested on the Bid Proposal
Forms. Contractors wishing to qualify all or any portion of the bid shall provide a hand
printed or typed explanation on the bid or separate attachment to be submitted with the bid.
Bid proposals shall be typewritten or filled in with ink. Proposals having erasures or
corrections must be initialed by the Bidder in ink.
Prices shown on the bids must be prices for new materials.
Although the City of Sebastian is exempt from Federal and State Sales and Use Taxes,
vendors or contractors doing business in Sebastian are no._~t exempted from paying sales tax
to their supplier for materials to fulfill contractual obligations with the City nor shall any
vendor/contractor be authorized to use the City's Tax Exemption Number is securing such
materials.
Page 1 of 4
Grounds Maintenance
Instructions for Bidders
10.
11.
12.
13.
INSTRUCTIONS.FOR BIDDERS
NO BID
Where more than one item is listed, any items not bid upon must be indicated "NO BID".
Failure to bid on an item may cause the entire bid to be disqualified. A "NO BID" item should
be accompanied by an explanation of why it was not bid.
CONFLICT OF I~TEREST
The award is subject to provisions of State Statutes and City Ordinances. All Bidders must
disclose with their bid the name of any officer, director, or agent who is also an employee of
the City of Sebastian. Further, all Bidders must disclose the name of any City employee who
owns, directly or indirectly, an interest oi~ten percent (10%) or more in the Bidder's firm or
any of its branches. Should the successful Bidder permanently or temporarily hire any City
employee who is, or has been, directly involved with the Bidder prior to or during
performance of the resulting contract, the contract shall be subject to immediate termination
by the City.
LEGAL REOUIREMENTS
Contractors must show their occupational license as being current and must be registered in
the City of Sebastian. The Bidder shall submit with the bidding documents one (1) copy
of all licenses as a mowing contractor. Failure to submit evidence of licenses shall result
in the rejection of the bid. Federal, State, and City laws, ordinances, rules and regulations
that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder
shall in no way be a cause for relief from responsibility.
Contractors doing business with the City are prohibited from discriminating against any
employee, applicant, or client because of race, religion, color, disability, national origin,
gender, or age with regard to but not limited to the follo _wing: employment practices, rates
of pay or other compensation methods, and training selection.
MISTAiCES
In the event of addition errors, the extended totals will prevail and the Bidder's total will be
corrected accordingly. Bidders must check their bid proposal where applicable. Failure to
do so will be at the Bidder's risk. Bids having erasures or corrections must be initialed in ink
by the Bidder.
I
I
I
I
I
I
I
I
I
I
i
I
I
I
Page 2 of 4
Grounds Maintenance
Instructions for Bidders
14.
15.
16.
17.
18.
...I~....S, TRUCTiONS. FOR BIDDERS
WITHDRAWAL
If, within two business days after the Bids are opened, and Bidder who files a duly signed,
written notice with the City's Utilities Department, and promptly, thereafter, demonstrates to
the reasonable satisfaction of the City that there was a material and substantial mistake in the
preparation of the Bid, that Bidder may withdraw his/her bid.
WITHDRAWAL OF FUNDS
The obligations of the City of Sebastian under this award are subject to the availability of
funds lawfully appropriated for its purpose by the City Council of the City of Sebastian.
PUBLIC ENTITY C~S
Any person submittin~ a bid/proposal in the response to this invitation must execute the
attached SWORN STATENIENT UNDER SECTION 287.133, FLORIDA STATUTES, ON
PUBLIC ENTITY CRIMES, Form PI JR. 7068, including proper check(s) in the space(s)
provided, and enclose it with said bid/proposal.
Forms submitted with this bid/proposal will be for the remainder of the calendar year 1994
and a portion of 1995.
DRUG-FREE WORKPLACE
The Drug-Free Workplace form, in accordance with Section 20 of the Agreement and as
attached hereto, shall be submitted with the Bid Form.
BID GUARANTEE
The Bidder warrants that the unit prices, terms, and conditions quoted in his/her bid will be
finn for acceptance for a period of not less than sixty (60) days from the bid opening date.
Such prices will remain fn'm for the period of performance of resulting purchase orders or
contracts which are to be performed over a one year period.
Page 3 of 4
Grounds Maintenance
Instructions for Bidders
19.
20.
INSTRUCTIONS FOR BIDDERS
AWARD
The contract will be awarded to the lowest responsible Bidder whose bid, conforming to the
specifications and Instructions For Bidders, will be most advantageous to the City in
consideration of price and other factors as determined by the Bid Review Committee.
REJECTION OF BIDS
The City reserves the right to reject any and all Bids, to waive any and all informalities not
involving price, time, or charges in the work and to negotiate contract terms with the
successful Bidder, and the fight to disregard all non-conforming, non responsive, unbalanced,
or conditional Bids. More than one Bid from an individual, firm, partnership, corporation,
or association under the same or different names, will not be considered. Any or all proposals
will be rejected if there is reason to believe that collusion exists among the Bidders and no
participants in such collusion will be considered in future proposals for the same work.
Page 4 of 4
Grounds Maintenance
Instructions for Bidders
AGREEMENT FOR
ANNUAL GROUNDS MAINTENANCE CONTRACT FOR NINE SPECIFIC WATER AND
SEWER UTILITY SITES IN THE CITY OF SEBASTIAN, FLORIDA
THIS AGREEMENT, made this day of , 1994,
by and between the City of Sebastian, a political subdivision of
the State of Florida (hereinafter called the "City"), and
, or its successors, executors,
administrators, and assigns (hereinafter called "Contractor").
W I T N E S S E T H:
The City and Contractor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1. Scope of Work: Contractor agrees to furnish all
materials, labor, supervision, and services necessary to complete
the work as described in the contract documents (the "Contract
DOcuments") and agrees to complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance with
the Contract Documents.
2. Contract Documents:
(a) The Contract Documents consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders, Special
Terms and Conditions, Bid Form, all drawings, specifications,
exhibits, addenda issued prior to the execution of this Agreement,
other documents listed in this Agreement and modifications issued
after execution of this Agreement. The Addenda, if any, are as
f o 1 1 o w s : None
The intent of the Contract Documents is to include all ite~
necessary for the proper execution and completion of the Work by
contractor. The Contract Documents are complimentary, and what is
required by one shall be binding as if required by all; performance
by contractor shall be required only to the extent consistent with
the Contract Documents and reasonably inferable from them as being
necessary to produce the intended results.
(b) The Contract Documents shall not be construed ~to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the City and Contractor.
(c) The term "Work" means the mowing and other services
required by the Contract Documents, whether completed or partially
completed, and includes all labor, materials, equipment and
services provided or to be provided by Contractor to fulfill
Contractor's obligations hereunder. The Work may constitute the
whole or a part of the project. ~
Page i of 12
Annual Grounds Maintenance Agreement
3. Contra~t Sum and Pa_vment~o Contractor:
(a) Contract Sum: The City shall pay to Contractor for
Contractor's performance hereunder, the amount(s) specified in the
BID Documents (the "Contract Sum") Which is $ .
(b) Progress Pa_vments: The City shall make payments on
account of the Contract Sum to contractor as provided below and
elsewhere in the Contract Documents.
(i) Each Invoice for Payment by Contractor shall be
submitted to the City by the twenty-fifth (25th) day of each month.
Invoices shall be submitted for the actual work performed only.
(ii) Provided an Invoice for Payment is received by
the City not later than the twenty-fifth (25th) day of a month, the
City shall make payment to Contractor not later than the tenth
(10th) day of the following month. If an Invoice for Payment is
received by the City after the application date fixed above,
payment shall be made by the City not later than twenty (20) days
after the City receives the Invoice for Payment.
(iii) Payment to the Contractor is contingent upon
acceptance of the work by the City.
4. ~ontractor's Obligations:
(a) Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over grounds maintenance
means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under this Agreement, unless
the Contract Documents give other specific instructions concerning
these matters. '~
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide and pay for labor, materials, equipment,
tools, maintenance equipment and machinery, transportation, and
other facilities and services necessary for the proper execution
and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
(c) Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
the Work. Contractor shall not permit employment of unfit persons
not skilled in tasks assigned to them.
r persons
Page 2 of 12
Annual Grounds Maintenance Agreement
(e) Contractor currently holds and shall maintain at all times
during the term of this Agreement all required federal, state and
local licenses necessary to perform the Work required under the
Contract Documents.
(f) Contractor shall be responsible to the City for the
acts and omissions of Contractor's employees, Subcontractors and
their agents and employees, and other persons.performing portions
of the Work under a contract with Contractor.
5. w_~: Contractor warrants to the City that all
materials and labor furnished under this Agreement shall be free
from any and all defects and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved
and authorized, may be considered defective.
6. Correction of Work:
(a) Contractor shall, at no cost to the City, promptly
correct Work failing to conform to requirements of the Contract
Documents, whether observed before or after completion of the Work
and whether or not fabricated, installed or completed, and shall
correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of thirty
(30) days from the date of completion of the Work or by the terms
of an applicable special warranty required by the Contract
Documents.
The provisions of this Paragraph 6 apply to the Work done by
Subcontractors as well as to the Work done by direct employees of
Contractor.
(b) Nothing contained in this Paragraph 6 shall be
construed to establish a period of limitatio~ with respect to other
obligations which Contractor might have under the Contract
Documents. Establishment of the time period of thirty (30) days as
described in Subparagraph 6(a) above relates only to the specific
obligation of Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the
time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's obligations
other than specifically to correct the Work.
7. Subcontracts:
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the Work.
(b) A Supplier is a person or entity who has a direct
contract with Contractor to provide materials and/or supplies
required to perform a portion of the Work.
Page 3 of 12
Annual Grounds Maintenance Agreement
(c) Unless otherwise stated in the Contract Documents or
the bidding requirements, Contractor, as soon as practicable after
award of the Contract, shall furnish in writing to the City the
names of the Subcontractors and Suppliers for each of the principal
portions of the Work. Contractor shall not contract with any
Subcontractor or Supplier to whom the City has made reasonable and
timely objection. Contracts between Contractor and its
Subcontractors and Suppliers shall require each Subcontractor and
Supplier, to the extend of the Work to be performed by the
Subcontractor and the material and/or supplies to be provided by
the Supplier, to be bound to Contractor by the terms of the
Contract Documents, and to assume toward Contractor all the
obligations and responsibilities which Contractor, by the Contract
Documents, assumes toward the City.
8. Term: The term of this Agreement shall be five (5)
years, from the date of this Agreement unless otherwise specified
in the Contract Documents. The parties reserve the right to extend
the term of this Agreement for an additional term of five (5) years
on the same terms and conditions upon mutual written agreement.
9. Termination:
(a) ~: If Contractor defaults or persistently
fails or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to
Contractor and without prejudice to any other remedy the City may
have, terminate this Agreement.
(b) Without Cause: The City retains the right to cancel
this Agreement at any time, with or without good cause, upon thirty
(30) days written notice to Contractor when such termination is
deemed by the City Council, to be in the public interest.
(c) Payment Upon Termination: In the event of
termination as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the Work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
10. ~: To the fullest extent permitted by law,
Contractor shall indemnify, defend and hold harmlessthe City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from performance of
the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants, or
employees, and Contractor shall at its own cost and expense defend
the City against any such claim, suit, action or proceeding which
may be commenced against the City by reason thereof. Contractor
ereby acknowledges that the obligations imposed upon the City and
Page 4 of 12
Annual Grounds Maintenance Agreement
the terms of this Agreement are the specific consideration for the
indemnification provided herein.
11. ~: Contractor shall procure and maintain during
the life of this Agreement insurance of the types and subject to
the limits set forth below. Contractor shall also provide the City
with evidence of this insurance prior to commencement of the Work
in the form of Certificates of Insurance which shall be subject to
the City's approval for adequacy.
(a) Workers' Compensation: Contractor shall purchase
from and maintain in any company or companies lawfully authorized
to do business in Florida, workers' compensation insurance for
protection from claims for damages because of bodily injury,
including death, and from claims for damages, other than to the
Work itself, to property which may arise out of or result from
Contractor's operations under this Agreement, whether such
operations be by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of them. This insurance
shall be written for-not less than the limits of liability required
by law, and shall include contractual liability insurance
applicable to Contractor's obligations under Paragraph 10.
Coverage B, Employer's Liability, shall be written for a minimum
liability of $100,000.00 per occurrence.
(b) Commercial General Liability: Contractor shall
provide and maintain during the life of this Agreement, at
Contractor's own expense, Commercial General Liability insurance on
an occurrence basis for a minimum of $1,000,00.00 per occurrence
for claims of bodily injury including death, and $500,000.00 for
property damage.
(c) Commercial Auto Liability: Contractor shall provide
and maintain during the life of this Agreement, at Contractor's own
expense, Commercial Auto Liability insurance on an occurrence basis
for a minimum $100,000.00 per occurrence ~or claims of bodily
injury, including death, and $300,000.00 for property damage.
12. ~%~q/1~9~: Contractor shall not assign this Agreement
to any other persons or firm without first obtaining the City's
written approval.
13. Notices: Ail notices, requests, consents, and other
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
IF TO THE CITY:
city of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, Florida 32958
Page 5 of 12
Annual Grounds Maintenance Agreement
WITH A COPY TO:
IF TO CONTRACTOR:
Clifton A. McClelland, Jr., Esq.
City Attorney
c/o Potter, McClelland, Marks
& Healy, P.A.
Post Office Box 2523
Melbourne, Florida 32902-2523
14. Time: Time limits stated in the Contract Documents are
of the essence of this Agreement. By executing this Agreement,
Contractor confirms that the contract time is a reasonable period
for performing the Work.
15.
~onflict of Interest:
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services
required hereunder, as provided by law. Contractor further
represents that no person having any such interest shall be
employed in performance of the Work.
(b) Contractor shall promptly notify the City in writing
by certified mail of all potential conflicts of interest prohibited
by existing state law involving any prospective business
association, interest or other circumstance which may influence or
to influence Contractor's judgment or quality of services
appear
being provided hereunder. S.uchwritten notification shall identify
the prospective business association, interest or circumstance, the
nature of work that Contractor may undertake and request the
opinion of the City as to whether the association, interest or
circumstances would, in the opinion of the City, constitute a
conflict of interest if entered into by Contractor. The city
agrees to notify Contractor of its opinion by certified mail within
thirty (30) days of receipt of notification by Contractor. If, in
the opinion of the City, the prospective business association,
interest or circumstance would not constitute a Conflict 'of
interest by Contractor, the City shall so state in the notification
and Contractor shall, at its option, enter into said association,
interest or circumstance and it shall be deemed to be not a
conflict of interest with respect to services provided to the City
by Contractor under the terms of this Agreement.
16. Compliance With Ail Applicable Federal Laws: Contractor
shall comply with all applicable federal laws that in any way
regulate or impact the Work, including, but not limited to, The
lean Air Act (42 USC S7506(c)), The Endangered Species Act (16 USC
Page 6 of 12
Annual Grounds Maintenance Agreement
§1531, et seq.), Executive Order No. 11593, Executive Order No.
11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL
90-542, as amended), The Demonstration Cities and Metropolitan
Development Act of 1966 (PL 89-754), Section 306 of The Clean Air
Act, Section 508 of the Clean Water Act, Executive Order No. 11738,
The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination
Act (PL 94-135), Section 13 of the Federal Water Pollution Control
Act (PL 92-500), Executive Order NO. 11246, Executive Order No.
11625, Executive Order No. 12138, Executive Order No. 12549, The
Davis Bacon Act (40 USC §276), the Occupational Safety and Health
Act and applicable regulations, and the Americans with Disabilities
Act (PL 101-336).
17. Li_~uidated Damages: In the event Contractor violates or
fails to perform any provision of the Contract Documents, then the
City may elect to receive as liquidated damages the amount(s)
specified in the Contract Documents. It is expressly acknowledged
by Contractor that' said payment shall not be interpreted nor
construed as a penalty, but is in fact a good faith attempt to fix
damages which the City will suffer in the event Contractor fails to
perform as required hereunder or violates any provision of the
Contract Documents.
18. Drug~Free Workplace: Contractor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:.
(a) Publish a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
(b) Inform employees about the dangers of drug abuse in
the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required.hereunder a
copy of the statement specified in Subparagraph (a).
(d) In the statement specified in Subparagraph (a),
notify the employees that, as a condition of working on the
commodities or contractual services that are required hereunder,
the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 1893 or of any controlled
substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such
conviction.
Page 7 of 12 /~ /
Annual Grounds Maintenance Agreement
(e) Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, by any employee
who is so convicted.
(f) Make a good faith effort to continue to maintain a
drug-free workplace through implementation of Subparagraphs (a)
through (e).
19. Public Entity Crimes:
(a) Contractor hereby acknowledges, represents and
warrants:
(i) That a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of
the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
(ii) That "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt
or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, non-jury trial,
or entry of a plea of guilty or nolo contendere.
(iii) That an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
1. A predecessor or s~ccessor of a person
convicted of a public entity crime; or
2. An entity under the control of any natural
person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling
of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
87.
(iv) That a "person" as defined in paragraph
133(1) (e), Florida Statutes, means any natural person or entity
Page 8 of 12
Annual Grounds Maintenance Agreement
organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services
let by a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
(b) Based on information and belief, the statement which
Contractor has marked below is true in relation to Contractor
submitting this sworn statement. [indicate which statement
applies.]
Neither Contractor, nor any of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, nor any affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged 'with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing Officer' of the
State of Florida, Division of Administrative Hearings and
the Final Order entered by the Hearing officer determined
that it was not in the publi'c interest to place
Contractor on the convicted vendor list. [At~ach a copy
of the final order.]
(c) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 19 TO THE
CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT
THE TERM OF THIS AGREEMENT SHALL EXTEND BEYOND THE CALENDAR YEAR IN
WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE
CITY ANEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES,
ON PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO
TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO
INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS
PARAGRAPH 19.
Page 9 of 12
Annual Grounds Maintenance Agreement
20. Entire and Sole Agreement: Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between the parties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements,
promises or understandings not specifically set forth in the
Contract Documents.
21. Successors and Assigns: Except as otherwise provided.in
the Contract Documents, all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
to the benefit of the respective successors and assigns of the
parties.
22. Attorney's Fees: In the event of any action, proceeding,
suit or claim is filed, initiated or maintained to enforce any of
the provisions of the Contract Documents, the prevailing party
shall, in addition to relief to which it is otherwise entitled, be
entitled to recover such further amounts, to the extent lawful, as
shall be sufficient to pay the cost and expenses of enforcement,
including reasonable attorney's fees, both at trial and all
appellate levels.
23. ~L~: No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each and every
such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise.
24. ~overninq Law: The Contract Documents shall be construed
and enforced in accordance with and governed by the laws of the
State of Florida, and venue for any action pursuant to the Contract
Documents shall be in Indian River County, Florida.
25. ~k~: Neither the Contract Documents nor any term
thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination
is sought.
26. ~: The failure of any of the parties at any time to
require performance of any provision of the Contract Documents
shall in no manner affect the r~ght of such party at any later time
to enforce or require the same unless waived in writing. No waiver
by any party of any condition or breach shall be construed or
deemed to be a waiver of any other condition or any other breach of
any term, covenant or warranty contained in the Contract Documents.
27. ~: In the event of any conflict between the
provisions of this Agreement and any attachments or addendums
hereto, the provisions of this Agreement shall prevail.
Page l0 of 12
Annual Grounds Maintenance Agreement
IN WITNESS WHEREOF, the City has hereunto subscribed and
Contractor has affixed his, its, or their names or name.
ATTEST:
CITY:
THE CITY OF SEBASTIAN
Kathryn M. O'Halloran
CMC/AAE, City Clerk
By:
Name:
Title:
Signed, sealed and delivered
in the presence of:
CONTRACTORs
Name: By:
Name:
Name: Title:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by as
of the CITY OF SEBASTIAN, FLORIDA, on
behalf of the CITY OF SEBASTIAN. He/she is personally known to me
or produced as identification.
Printed Name:
Commission Number:
My Commission Expires:
Page 11 of 12
Annual Grounds Maintenance Agreement
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by as
of on
behalf of CONTRACTOR. He/she is personally known to me or produced
as
identification.
Printed Name:
Commission Number:
My Commission Expires:
Clifton A. McCelland, Jr.
City Attorney
Page 12 of 12
Annual Grounds Maintenance Agreement
BID FORM
TO:
City Clerk's Office
Sebastian City Hall
1225 Main Street
Sebastian, FL 32958
(407) 589-5330
PROJECT IDENTIFICATION:
Annual Grounds Maintenance Contract of Nine (9) Specific
Water and Sewer Utility Sites in the City of Sebastian
BIDDER: Palm Bay Lawn Service & Landscaping, Inc.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with
the City of Sebastian to furnish all labor, supervision, materials, tools, equipment, permits and licenses
in order to complete the required work in accordance with the specifications for this project at the
unit prices shown below:
Sites to Be Mowed, Edged, and Trimmed by Contractor in Accordance with Specifications:
5.
6.
7.
Lift Station #1, Schumann Drive (Lot 9, Block 625)
Lit~ Station #2, High Court & Kildare Drive
Lift Station #3, Caprona Street
Lift Station ti4, Schumann Drive (Tract L)
Lffi Station #5, Crawford Drive
Lift Station #6, Alexis Street
Water Treatment Plant, Tract "D",
Unit 17, Filbert St.
Water Treatment Plant, Tract "A",
Unit 9, Manly Avenue
Wastewater Treatment Plant, Bailey Drive
TOTAL BID AMOUNT
Mowable Cost Per Yr
Acres
0.37 $24O. 00
0.10 $240.00
0.08 $24O. 00
0.08 $240.00
0.06 $240.00
0.04 $240.00
3.32 $4800.00
948.00
0.65
3.25 $4800.00
$11,988.00
Based on One Year Period (35 Mowings) for Approximately Eight (8) Acres
Page 1 of 3
Grounds Maintenance Bid Form
Sites to be Fertilized by Contractor in Accordance with Sp6cifications: I
(Only labor and equipment costs are to be included; City will pay for and provide the fertilizer) I
Item
' Per Application I
1. Lif~ Station #1, Schumann Drive (Lot 9, Block 625) $ 5.0o
~2. Lift Station #2, High Court & Kildare Drive $ 5.0-~-~
.~. Lif~ Station #3, Caprona Street $~ I
4. Lit~ Station g4, Schumann Drive (Tract L) $ '~'~ 00'
5. Lift Station #5, Crawford Drive $ 5 00
6. Lift Station #6, Alexis Street $ . 0_.~.~_~ I
7. Water Treatment Plant, Tract "D", Unit 17, Filbert St. $ 20.00
8. Water Treatment Plant, Tract "A", Unit 9, Manly Avenue $ ~ 0 .--"~-~-~
9. Wastewater Treatment Plant, Bailey Drive $ ~ I
TOTAL BID AMOUNT $ 80.00 I
For Fertilizer, Labor & Equipment
_ . Based on One (1) Application
!
'Contractor to list the major items of equipment he/she plans to use for the following operations:
1. I
Gravely Promaster 72 inch 400, Gravely Promaster6Linc_~_h 300, I
John Deer 4 wheel drive 60 inch, Toro 36 inch and 52 inch
2. EDGING & ~G
Echo and Still I
3. FERTILIZING I
Lesco, Pro Spreader ,CommerciaI ...............
Page 2 of.~
Grounds Maintenance Bid Form I
!
The above prices shall be considered firm bids not subject to price adjustment unless Bidder's
provisions for price escalation are stated on a separate sheet attached to the Bid.
The Bidder has acknowledged Addenda issued by the Sebastian Utilities Department on the
lines below:
ADDENDA ACKNOWLEDGMENT
The undersigned Bidder acknowledges that he has received the following Addenda for this project
prior to the submittal of this bid and that work called for in these addenda is included in the prices
above.
Addendum No. ~
· Si~ature and Title
Respectfully Submitted By:
BIDDER Palm Bay r.awn Service & nandscaPil~ONENO.
ADDRESS P.O. Box 061791 FAXNO.
Palm Bay, Fi. 32906-1791912 DATE
· ~ §i~n;~ture
Michael a. Minick
Printed or typed name
Owner/President
Title
(407) 951-9191
n/a
11-1-94
Submitt_als For Bids A~ Required By Instruction~For Bidders
Six (6) copies of the completed Bid Form are'to be submitted.
One (1) copy of all licenses as a mowing contractor shall be submitted.
One (1) copy of the completed Public Entity Crimes Form shall be submitted.
One (1) copy of the completed Drug-Free Workplace Form shall be submitted.
Page 3 of 3
Grounds Maintenance Bid Form
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute
287.087 ~ereby certifies that Palm Bay Lawn Service and Landscaping,
Name of Business
does:
Publish a statement notifying employees that the unlawful
manufacture, .distribution, dispensing, possession, or use of
a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees
for violations of such prohibition.
Inform employees about the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be
imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or
contractual services that are under bid a copy of the
:statement specified in Paragraph 1.
In the statement specified in Paragraph 1, notify the
employees that, as a condition of working on the commodities ·
or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo
contendere to any violation of Chapter 1893 or of any
controlled subs[ance law of the United States or any state,
for a violation occurring in the workplace no later than five
(5) days after such conviction.
Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by
any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free
workplace through implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that
this firm complies fully with the above requirements.
Bi~k~r' s'Signathre
11-1-94
Date
!
!
Inc I
WORN PURSUANT TO SECTION 287.133(3)(a),
FLORIDA RFA~. ON PUBLIC ENTITY ~
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENC~ OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORW:gx~ TO ADMINISTER OATHS.
1. Tbisswoms~nentlsmbmit~dto Palm Bay Lawn Service & Landscaping, Inc
~ntnameofthepublic mri~]
b~ Michael Joseph Minick
for. . .Palm
~fint indifidmd'$ name and rifle]
Bay Lawn Service & Landscaping Inc.
[print name or enrity submitting sworn s~me~]
P.O. Box 061791
Palm Bay, Fi. 32906-1791912
and (ifapplicuble) its Federal Employer Identification Number (FEIN) ls
(If the entity has no FBIN,.include the Social Security Number of the individual signing this sworn
I understand that a "public entity cxin~" as defined in Pa~h 287.133(1)(g), Florida Statutes, memm
a violation of any state or fedewal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contrar, t for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribe~, collusion, racketeering, conspiracy, or material misrepresentation.
I understand that 'convicted' or 'conviction" as defined in Paragraph 287.133(I)Co), Florida $~t~,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt,
in any feder~ or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a re.it of a jury verdict, nonjury trial, or entry of a pica of guilty or nolo contender~.
I un~d that an 'affiilste" as defined in Paragraph 287.133(1)(a), Florida Statutes. m~suz:
1. A pred___~essor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural persun who is active in the management of the entity and who
Ixa.s be~ convlcL,~_ of a public entity crime. The term #affiliate' includes thos, officers, alrectors,
executives, permers, shareholders, employees, members, and agents who are active in the management of
an affiliam. Th~ ownership by one pewson of shas~ constituting a controlling inte~e,t in another person,
or · pooling of eqnipment or income among persons when not for fair market value under an arm's length
~t, shall be a prima facio case that one person controls another person. A person who imowingly
enters into a joint venture with a pemm who has been convicted of a public entity crime in Florida during
the precoding 36 months shall be considered an affiliate.
I under, md that a "person" as defined in Paragraph 287.133(1)(~), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United Staten with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term 'person' includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
]~ed on inform~on and belief, the statement which I ~ve ~ ~ is ~ ~ ~tion to ~e ~tity
~b~g ~ ~o~ s~t. [in~te ~ m~mt ~pli~]
~ ~ ~fi~ ~b~g ~ ~m ~~ ~ ~y of i~ offi~, &~to~, ~fiv~,
~, ~1~, ~loy~, ~, or a~ ~o ~ ~ve ~ ~ ~g~t of ~
n~ ~y ~ of ~e ~fi~ ~ ~ ~ ~ ~d ~n~ of a pubic ~ ~ ~~t W
J~y 1, 1989.
. The entity submitting this sworn statement, or one or more of its officers, directors, executives,
~:~tners, sl~ldm's, employe~s, men~, or agmts who are active in the men~t of the entity,
or an affiliate of the entity has been ~ with and convicted of a public entity crime subsequmt to July
1, 1989.
Tho entity submitting this sworn smmment, or one or more of its officers, directors, executives,
parmers, shareholders, omployees, membm, s, or agents who are ~tive in tho management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crim~ subsoquent to July
1, 1989. However, thoro has bom a subsequent procooding boforo a Hearing Officor of thc State of
Florida, Division of Adminim~vc Houings m~l the Final Order entm~ by tho Hearing Officer
a~* ~-qo'nined that it w~ not in th~ public ~ to place the entity mbmitting th/$ sworn statement on thc
convic~l vendor lig. [at~. ch a copy of the f'mal order].
I UNDERSTAND THAT ~ SUBMISSION OF THiS FORM TO ~ CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRM~ 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THiS FORM iS VALID THROUGH DECEMBER 31 OF ~ CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQtHRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUT~ FOR CATEGORY TWO OF ANY CHANGE IN
THE INFORMATION CONTAINED IN TIHS FORM.
Sworn to and subsoribod beforo mo th~s 1 $ t
OR Prodded id~tifie~ion
day of November ,19
Notary Public - Stare of Florida
94
('ryl~ of identification)
LISA A. CONROY
'lr~mrY Public-State of Rog*'
Oommlsslon Expires 6/15/g5
Form PUR 7068 (Rev. 06/I 1/92)
SPECIAL TERMS AND CONDITIONS
ANNUAL GROUNDS MAINTENANCE CONTRACT
FOR NINE SPECIFIC WATER AND SEWER UTILITY
SITES IN THE CITY OF SEBASTIAN
REIMBURSABLE EXPENSES - All reimbursable expenses such as travel from site to site
or meals purchased during the course of performing the work shall be included in the cost of
the unit price per site as listed on the Bid Form. There shall be no separate invoicing of any
reimbursable expenses.
PERFORMANCE BOND - A Performance Bond shall not be required under this contract.
However, should the Contractor not perform the mowing within the Mowing Schedule or fall
to satisfactorily trim areas where necessary, the City reserves the right to call upon the second
lowest bidder to perform the work. Should the second lowest bidder not be able to perform
the work on a timely basis, the City shall contact the third lowest bidder until a Contractor
is found to perform the work. The Contractor under Agreement with the City shall be
charged any additional amount of costs incurred by the City exceeding the unit price in the
Contract for the work. performed by the independent contractor. Failure of the Contractor
to pay the charge will result in a breach of this Agreement by the Contractor, rendering it null
and void.
Should the Contract be terminated and a new contractor be employed by the City prior to
going to rebid of the grounds maintenance contract, and once a new contract is awarded to
a new contractor, any difference in price above the original contract prices will be paid by the
previous Contractor to the City in the form of liquidated damages.
BID BONDS AND PAYM~ENT BOND - Neither Bond shall be required for this Contract.
pAYMENT - The Contractor, upon submitting the invoice for payment, shall identify the
sites, work performed, and date(s) the work was performed.
Page 1 of 1
Special Terms & Conditions
Grounds Maintenance Contract
SPECIFICATIONS FOR GROUNDS M~NANCE AT WATER TREATMENT PLANTS,
WAS..TE.WATER TREATMENT PLANT, AND LIF .T STATION $ITg..._$
The Contractor shall provide all labor, equipment, and materials necessary to satisfactorily perform
grounds maintenance at nine (9) specific utility sites listed herein in accordance with the specifications
listed below:
Mow all turf areas to a maximum height of 3". Remove all clippings from heavy growth areas
and haul away from the jobs,re.
Edge around shrubs, floral, and sidewalk areas at least twelve (12) times per year. If the
Utilities Department deems it necessary to edge areas where the appearance is unsatisfactory
or unsightly, edging will be done more ot~en as directed in writing by the Utilities
Department.
Fertilizing will be done at the City's request for all or some of the listed sites. Labor and
equipment only is to be supplied by Contractor at a unit price per application per site. The
City shall provide the fertilizer at its own expense.
All shrub beds will be trimmed and weeded as required and trees will be pruned as needed
using proper horticultural practices. String trimming with a gasoline or electric powered
weedeater will not be utilized where plants or trees might be damaged.
All vegetation will be removed from fences and around buildings. A four foot (4') area will
be cleared/mowed around outside of all fencing. A non-selective herbicide, such as "Round
Up" or equal, may be used in lieu of weed eater trimming around sewage lit~ stations and
wastewater plant fencing. All water wells and water plant sites will be trimmed with a weed
eater. Herbicides are ~ from use at water treatment facilities and well sites.
All shrubs will be trimmed and maintained to present a groomed appearance.
All berms will be mowed with proper equipment to avoid damage to the berm.
The mowing schedule will be based on 35 cuttings per year as follows:
Mo.nth Ng: of Mowing~ Month No....0f. Mowings
January 1 July 4
February 1 August 5
March 2 September 4
April 3 .... October 4
May 4 November 2
June 4 December
All clippings and cuttings produced by the contractor will be disposed of by the Contractor
offthe jobs,re at a legal dump site.
All work will be done between the hours of 7:30 a.m. and 7:30 p.m. during the standard work
week from Monday through Friday.
Page 1 of 2
Grounds Maintenance Specifications
SITES TQ BE MAINTAINED
The following sites are to be maintained by the grounds maintenance
Contractor:
1. Lift Station #1
Located on Lot 9, Block 625, Unit 9 at the
southeast comer of Schumann Drive and Caprol
Lane (16,000 sf)
Acres
0.37
2. Lift Station #2
3. Lift Station #3
4. Lift Station 84
Located on the east side of Tract "P", north
of Block 560 in Unit 16, at the southwest comer
of High Court and Kildare Drive (4,350 sf)
Located at the southwest comer of Tract "R",
south of Block 613 in Unit 16, on the east
side of Caprona Street (3,400 sO
Located on the southeast comer of Tract "L" and
.northeast comer of Tract "K" at the southwest
comer of Easy Street and Schumann Drive (3,300 sf)
0.10
0.08
0.08
5. Lift Station #5
Located in the drainage right-of-way in Unit 17
between Lot 21, Block 619 and Lot 30, Block 598,
south of Crawford Drive (2,600 sf)
0.06
6. Lift Station #6
Located on the east side of Tract "N" in Unit 17,
north of Day Drive and west of Alexis Street
(1,550 sf)
0.04
7. Water Treatment Plant #1 at 170 Filbert Street (144,500 sf)
3.32
Water Treatment Plant #2 at Manly Avenue and Donna Street
(28,400 sf)
0.65
Wastewater Treatment Plant at 810 Bailey Drive
(Unit 9) (14t,500 sO
3.25
TOTAL MOWABLE ACRES
7.95
Exhibits Included with Specifications are location and site maps for the following:
1)
3)
5)
7)
9)
Nine Utility Sites 2)
Lift Station No. 2 4)
Lift Station No. 4 6)
Lift Station No. 6 8)
Manly Ave. Water Treatment Plant 10)
Lift Station No. 1
Lift Station No. 3
Lift Station No. 5
Filbert Street Water Treatment Plant
Bailey Drive Wastewater Treatment Plant
Page 2 of 2
Grounds Maintenance Specifications
1,40 SO~..~
LIKT
ION
LI I="T
NO. '~
Lo'i-
C4 ~ ~c~L.
L/kN E'
hO-F 9
Lo-l'
N
I LIFT STATION N°-. 2..
L.o-T ~
L. o'-v ~
I
I
L iF'T '~T/~"T%OI~I Nm. ~
iOF
.N
LIF'T
iON
N-" 4
Lo~ Z t
Lo-t'
i~uoe..,~,,
MO~
Lo'-[ '~
Lo-t-
9
EY, M ts~q" 7
N
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT:
Approval For Submittal By:
City Manager (~/Y~
AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: 11/18/94
For Agenda Of: 12/07/94
Exhibits:
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED: N/A
SUMMARY
The City of Sebastian advertised for Fleming Street Bridge Reconstruction bids on 10/03/94
and received three qualified responses. However, two of the bid responses did not contain
the required submission documents pertaining to the Drag Free Workplace and the Public
Entity Crimes under FS 287.133 (3) (a), and the third bid response exceeded the project
· budget. The bidders responses were as follows:
1. Sieg & Sons, Inc. $69,900
2. Martin Paving Company $71,829
3. Seig & Ambachtsheer, Inc. $74,165
RECOMMENDATION
Reject all bids.
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: Golf Cars
Approval For Submittal By:
City Manager 5](/
AGENDA TRANSMITTAL
AGENDA NO.
Dept. Origin: Golf Course
Date Submitted: 11/28/94
For Agenda Of: 12/07/94
Exhibits: Copy of Pge. 43, Annual Operating
Budget Fy 1994-1995
Copy of Quote, Club Car Dated 6/23/94
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: $23,600
BUDGETED: $24,000 REQUIRED: $23,600
SUMMARY
The Golf Course has a need to buy 10 new golf carts. The Golf Course has budgeted $24,000 for golf
cart replacement, Account # 401 42-572 640. A quote has been made of $2,360 for each cart
exchange from Club Car. The City needs to purchase ten new carts.
The entire Golf Course fleet is Club Car and the recommendation is to ask City Council for a waiver
of bid, under the provisions of Section 2-940) and continue with Club Car as a single source.
RECOMMENDATION
Move to waive bidding procedure and award the purchase of ten 1995 Model DS Electric Club
Cars, at a cost of $23,600.
3301 S,E, Slater Street · Stuart, Florida 34997-5706 · Branch Office (407) 286-9904 * Fax (407) 286-9910
West Palm Beach, Florida (407) 659-3881 * Boca Raton, Florida (407) 368-8370 · Sebastian, Florida (407) 388-9891
June 23, 1994
Mr. Joe O'Rourke
Sebastian Municipal Golf Club
101 East Airport Road
Sebastian, Florida 32958
Dear Joe,
Thank you for the opportunity to present the enclosed proposal concerning your golf car
fleet. This quotation provides your club an excellent opportunity to roll out the 1988
· cars in your fleet and replace them with 1995 model cars. You will be pleased to hear
we have managed to hold our pricing and are offering your club 1995 model cars at
the same price you bought cars in March of 1993. We can guarantee these prices
provided you take delivery on or before September 7, 1994. October 1, 1994 marks the
beginning of our new fiscal year and a price increase will go into effect.
The 1988 cars you will be trading in are in moderate demand on the used golf car
market. Trading these cars now would work to your advantage before they depreciate
an additional model year.
Thank you again for the time you have allowed us, we appreciate your business and are
eager to supply your golf car needs.
Sincerely,
Jim Chandler
Territory Sales Manager
Club Car - East Florida
~ ~c=~E QUOTATION
. ® Reference No. E
IREPARED FOR: 8EBJ~BTIAN MUNICIP]~L GOLF CLOB DATE OF QUOTE: J~ 23, 1994
_ 101 ~ST AIRPORT RO~ SALES PERSON: JIM C~LER
PHO~ NO: (407)-58g-6801 ~L PR~IOOS QOOTATIONS
_ ~ w~ ~;as;o ~o su~u~ ~s ~9~9~NS, ou0~o~:,o~
~ ~ J~ ~ 1995 MODEL DS ELECTRIC CLUB C~ WITH $2,960.00
i
,,,, =. .... ..............
Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within 30 days. Applicable state or local
Ixes not included. All credit terms must be approved by CLUB CAR, INC. prior to delivery. Customer to submit required credit information for credit
proval, Delivery lead time of ___4_ to 6 weeks normally required,
ccepted By:
ompany:
Title:
I~ate:
Miller #23311-H/1 - E-FL - Rev, 10/93
c,u~c~,,~/ ///
T~e~_ TJ~ZTOR¥ S-~ES MGR. ~
~Thank you for yOur interest in CLUB C~.~ '~
I
I
I
!
I
I
City of Sebastian
1225 MAiN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Statewide Mutual Aid
Agreement
Approval For Submittal By:
City Manager ~
AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: 11/14/94
For Agenda Of: 12/07/94
Exhibits:
- Modification gl To Statewide
Mutual Aid Agreement
- R-94-65
EXPENDITURE AMOUNT APPROPRIATION
I REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The attached modification to the Statewide Mutual Aid Agreement has been received from
the Department of Emergency Services, Indian River County. The important issue is the
change in Workers' Compensation. Under the terms of the original agreement, the requesting
party was to be responsible for worker compensation claims. Under the terms of the
Amendment # 1, the responding party is to be responsible and not the requesting party.
RECOMMENDATION
Recommend approval of Amendment # 1 to the Statewide Mutual Aid Agreement.
Motion to adopt Resolution No. R-94-65.
RESOLUTION NO. R-94-65
A RESOLUTION OF THE CITY OF SEBASTI~N, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND
RESPONSE BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT,
INDIAN RIVER COUNTY AND ITS MUNICIPALITIES; AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF
THE CITY, MODIFICATION #1 TO THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND
RECOVERY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVEHABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Indian River County Board of Commissioners
approved Indian River Countyts participation in a Statewide
Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery (the "Agreement") on June 14, 1994; and
WHEREAS, the Director of the Indian River County Department
of Emergency Services requested local governments in the County
to consider participation in the Agreement; and
WHEREAS, the City Council of the City of Sebastian, in the
interest of protecting the public health, safety and welfare of
the citizens of Sebastian, '~ntered into the Statewide Mutual Aid
Agreement for Catastrophic Disaster Response and Recovery by
adoption of Resolution No. R-94-39.
WHEREAS, Modification #1 to the Statewide Mutual Aid
Agreement, specifically with regard to Workers~ Compensation
claims, has been presented by the State of Florida Department of
Community Affairs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. MODIFICATION TO AGREEMENT. The city Manager and
City Clerk of the City of Sebastian, Indian River County,
Florida, are hereby authorized to execute Modification #1 to the
Statewide Mutual Aid Agreement for Catastrophic Disaster Response
and Recovery, on behalf of the City, a copy of Modification
#1 having been attached to this Resolution as Exhibit "A" and by
this reference incorporated herein.
Section 2. CONFLICT.
resolutions in conflict
Section ~. SEVERABILITY.
Ail resolutions or parts of
herewith are hereby repealed.
In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitUtional
provision, thereby causing said remainder to remain in full force
and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember
seconded by Councilmember
being put into a vote, the vote was as follows:
The
motion was
and, upon
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, city Attorney
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtio~, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SEAL)
Approved as to Form and Content:
Charles ian Nash, City Attorney
3
I. Indian River County
Board of County Commissioners
I Department of Emergency Services
1840 25th Street, Vero Beach, Florida 32960
November 4, 1994
Mr. Joel Kolford, City Manager
City of Sebastian
1255 Main Street
C)~er the last four months, the Division of Emergency Management has presented the Statewide Mutual Aid
Agreement to the Board of County Commissioners and to each municipality's elected council. I am quite
thankful to report that each of our local elected councils authorized and approved signature to the document.
As you may remember, this was a Florida Department of Community Affairs (DCA) drafted document and we
were not given any latitude to make changes other than to two noted scrivener errors.
During this statewide approval process, several counties and municipalities raised an issue regarding
reimbursement of Workers' Compensation claims. The Florida Association of Counties as well as a group of
risk management officials sought a solution to this issue, in part by conducting an informal survey. As a result,
the Assistant General Counsel to DCA was requested and agreed to make minor corrections in terminology to
the document.
The proposed modifications, specifically with regards to Workers' Compensation, would afford our staff the
same worker's compensation benefits in other jurisdictions as currently exist in the assisting party's
jurisdiction. In other words, each assisting jurisdiction would provide for their own employees worker's
compensation benefits in lieu of the requesting party providing this coverage.
Please find attached Modification #1 to the Statewide Mutual Aid Agreement reflecting this change. I am
requesting that you process this document routinely and return it to this office as soon as possible. Once we
have a fully executed document, I will arrange for the Emergency Management Coordinator to personally hand
deliver a copy to you.
Thank you in advance for your attention to this most important matter and I apologize for any inconvenience
that this may have caused you and your staff. Should you have any questions, please call me at 567-2154.
Sincerely,
Director
Department of Emergency Services
Attachment: Modification #1
CC:
Jim Chandler, County Administrator
John King, Emergency Management Coordinator
Division of
Emergency Medical
Services
567-8000
Ext. 217
Division of
Animal Control
567-8000
Ext. 446
Division of
Fire Services
562-2028
Division of
Emergency Manage,~en~o
567-8000
Ext. 444
October 21, 1994
MODIFICATION #1 TO STATEWIDE MUTUAL AID AGREEMENT
WHEREAS, the undersigned County/Municipality (strike one),
along with the Department of Community Affairs, Division of
Emergency Management (DEM) and various other counties and munici-
palities in the State of Florida, has entered into the Statewide
Mutual Aid Agreement for Catastrophic Response and Recovery (the
Agreement); and
WHE~, the parties to the Agreement are desirous of
amending the Agreement, to revise provisions regarding the
handling of workers' compensation claims and to clarify and
correct certain other terms and conditions;
NOW, THEREFORE, undersigned signatories agree:
the
1. The title of the Agreement is revised to read: "State-
wide Mutual Aid Agreement."
2. The introductory paragraph is revised to read: "THIS
AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION
OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI-
PALITY THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CON-
TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:".
3. The first sentence of SECTION 1. DEFINITIONS,' paragraPh
A. "AGREEMENT" is revised to read: "the Statewide Mutual Aid
Agreement." The remainder of that paragraph is unchanged.
4. SECTION 1. DEFINITIONS, paragraph D. "AUTHORIZED
REPRESENTATIVE" is revised to read: "An employee of a participat-
~ctober 21, 1994
lng government authorized in writing by that government to
request, offer, or provide assistance under the terms of this
Agreement.. The list of authorized representatives for the
participating government executing this Agreement'shall be
attached hereto.as 'Exhibit A,' and shall be updated as needed by
each participating government."
5. SECTION 1. DEFINITIONS, paragraph H. "P~TICIPATiNG
GOVERNMENT" is revised to read: "The State of Florida, any county
which executes ~h~s Agreement and supplies a complete, executed
copy to the Division, and any municipality which executes this
6. A new paragraph K. is added to SECTION 1. DEFINITIONS,
t~ read as follows: "K. 'MAJOR DISASTER'- a disaster that will
likely exceed local capabilities and require a broad range of
state and federal assistance."
7. The initial, unnumbered, paragraph of SECTION 2.
PROCEDURES, is revised to read:
When a Participating Government either becomes
affected by, or is under imminent threat of, a major
disaster, it may invoke emergency related mutual aid
assistance either by: (i) declaring a state of local
emergency and transmitting a copy of that declaration
to the Assisting Party, or to the Division, or (ii) by
orally communicating a request for mutual aid assis-
2
October 21, 1994
tance to the Assisting Party or to the Division, fol-
lowed as soon as practicable by written confirmation of
said request. Mutual aid shall not be requested by any
Participating Government unless resources available
within the stricken area are deemed inadequate by that
_
Participating Government. Municipalities shall coordi-
nate requests for state or federal assistance with
their County Emergency Management Agencies. All re-
quests for mutual aid shall be transmitted by the
Authorized Representative or the Director of the Local
Emergency Management Agency. Requests for assistance
may be communicated either to the Division or directly
to an Assisting Party. Requests for assistance under
this Agreement shall be limited to major disasters,
except where the Participating Government has no other
mutual aid agreement for the provision of assistance
related to emergencies or disasters, in which case a
Participating Government may request assistance related
to any disaster or emergency, pursuant to the provi-
sions of this Agreement.
8. SECTION 2.
paragraph C. REQUIRED INFORHA-
TION, subparagraph, 6 is revised to read:
6. An estimated time and a specific place for a
representative of the Requesting Party to meet the
3
October 21, 1994
personnel and equipment of any Assisting Party.
This information may be provided on the form
attached as Exhibit "B," or by any other available
means. The Division'may revise the format of Exhibit
"B" subsequent to the execution of this agreement, in
which case it shall distribute copies to all Partici-
pating Governments.
9. SECTION 2. ~, paragraph I. WRITTEN ACKNOWL-
EDGEMENT, is revised to read:
I. WRITTEN ACK~OWLEDGEHENT- The Assisting Party
shall complete a written acknowledgment regarding the
assistance to be rendered, setting forth the informa-
tion transmitted in the request, and shall transmit it
by the quickest practical means to the Requesting Party
or the Division, as applicable, for approval. The form
to serve as this written acknowledgemen~ is attached as
Exhibit C. The Requesting Party/Division shall respond
to the written acknowledgement by executing and return-
ing a copy to the Assisting Party by the quickest
practical means, maintaining a copy for its files.
10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PERSON-
NEL, is revised to read:
PERSONNEL - During the period
of assistance
October 21, 1994
the Assisting Party shall continue to pay its employees
according to its then prevailing ordinances, rules, and
regulations. The Requesting Party shall reimburse the
Assisting Party for all direct and indirect payroll
costs and expenses (including travel expenses) incurred
during the period of assistance, including, but not
limited to, employee pensions and benefits as provided
by Generally Accepted Accounting Principles (GAAP).
However, the Requesting Party shall not be responsible
for reimbursing any amounts paid or due as benefits to
employees of the Assisting Party under the terms of the
Florida Workers' compensation Act due to personal
in3ury or death occurring while such employees are
_
engaged in ~endering aid under t~is.agreement. Both
the Requesting Party and the Assisting Party shall be
responsible for payment.of such benefits only to their
own employees. "'
11. SE.CTION 7. TERM, is revised' to read:
This Agreement shall be in effect for.one (1) y~ar
from the date hereof and shall.be renewed 17 successive
one (1) year terms unless terminated upon sixty (60)
days advance written Gev-
-
notice by the Participating
ernment. Notice of such termination'shall be made in
writing and shall be served personally or by registered
5
mail upon the Director, Division of Emergency Manage-
ment, Florida Department of Community Affairs, Talla-
hassee, Florida, which shall provide copies to all
other Participating Governments. Notice of termination
shall not relieve the withdrawing Participating Govern-
ment from obligations incurred hereunder prior to the
effective date of the withdrawal and shall not be
effective until sixty (60) days after notice thereof
has been sent by the Director, Division of Emergency
Management, Department of Community Affairs to all
other Participating Governments.
12. SECTION 10. SEVERABILITY; EFFECT ON OTHER AGREEMENTS,
is revised to read:
Should any portion, section, or subsection of this
Agreement be held to be invalid by a court of competent
jurisdiction, that fact shall not affect or invalidate
any other portion, section or subsection; and the
remaining portions of this Agreement shall remain in
full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement
have entered into other mutual aid agreements, pursuant
to Section 252.40, Florida Statutes, or interlocal
agreements, pursuant to Section 163.01, Florida Stat-
utes, those parties agree that said agreements are I
!
superseded by this agreement only for emergency manage-
ment assistance and activities performed in major
disasters, pursuant to this agreement. In the event
that two or more parties to this agreement have not
entered into another mutual aid agreement, and the
parties wish to engage in mutual aid, then the terms
and conditions of this agreement shall apply unless
otherwise agreed between those parties.
13. The document attached to the Agreement and formerly
labeled "APPENDIX A," is revised to be titled "EXHIBIT A" as
indicated in the attached EXHIBIT A. The document attached to
the Agreement entitled "REQUIRED INFORHATION" is revised to be
titled ~EXHIBIT B" as indicated in the attached "EXHIBIT B." The
document attached to the Agreement and entitled "ACKNOWLEDC~HENT"
is revised to be titled ',EXHIBIT C" as indicated in the attached
"EXHIBIT C."
14. This Modification Shall become effective only as
between those counties and municipalities, and the State of
Florida, when they have actually executed a copy of the MODIFICA-
TION #1 TO STATEWIDE MUTUAL AID AGREEMENT containing identical
terms, and when that copy has been executed by the State of
Florida, Division of Emergency Management.
7
IN WITNESS WHEREOF, the paz-ties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST:
CLERK OF THE CIRCUIT COURT
BOARD OF
OF
(County)
By: By:
Deputy Clerk
FLORIDA
Chairman
APPROVED AS TO FORM:
Office of the County Attorney
By:
ATTEST:
CITY CLERK
CITY OF
FLORIDA
By:
Title
By:
Title
APPROVED AS TO FORM:
office of City Attorney
By:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
By:
Title
Date:
BTATEWIDE MUTUAL AID AGREEMENT
EXHIBIT A
Name of Government:
Mailing Address:
City, State, Zip:
Authorized Representatives to Contact for Emergency Assistance:
Primar~ Representative
Name:
Title:
Address:
Day Phons:
FAX No.:
Night Phone:
1st Alternate Representative
Name:
Title:
Address:
Day Phone:
2nd Alternate Representative
Name:
Night Phone:
Title:
Address:
Day Phone:
Night Phone:
9
E~HIBIT B
STATEWIDE MUTUAL AID AGREEKENT
REQUIRED INFOI~H~TION
Each request for assistance shall be accompanied by the
following information, to the extent known:
1. General description of the damage sustained:
2. Identification of the emergency service function for which
assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and engi-
neering, building, inspection, planning and information assis-
tance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
10
REQUIRED INFORMATION (continued)
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
4. The amount and type of personnel, equipment, materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
5. The need for sites, structures or buildings outside the
Requesting Party's political 'Subdivision to serve as relief
or staging areas for incoming emergency goods and
centers
servic-
es:
11
REQUIRED INFORMATION (continued)
6. An estimated time and specific place for a representative of I
the Requesting Party to meet the personnel and equipment of any
Assisting Party. I
12
I
i
I
I
I
I
i
I
I
I
'1
I
i
I
i
EXHIBIT C
STATEWIDE MUTUAL AID AGREEMENT
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTATIVE:
CONTACT NUMBER/PROCEDURES:
1. Assistance To Be Provided:
Resource Type Amount Assignment
Est. Time Arrival
2. Availability of Additional Resources:
Time Limitations, if any:
13
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Community Center
Wedding Reception
APPROVED FOR SUBMITTAL BY:
City Manager: ~
Agenda No.
City Clerk4 ~'~
11/29/94
12/07/94
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
(1) Application Dated 11/22/94
(2) Copy of Section 1.,
Paragraph B. of R-94-50
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received a request from C. Patrick Flood re_questing the use
of the Community Center on December 17, 1994, from 8:00 PM to Midnight.
He is requesting the use of alcoholic beverages at the event and the use of the facility
until Midnight which requires Council approval per Resolution No. R-94-50, Section 1,
Paragraph B.
A Security Deposit of $250.00 was received with the application and a rental fee of
$100.00 + $7.00 tax will be due when key is released to applicant.
Approve the
Midnight.
RECOMhff;NDED ACTION
request with the use of alcoholic beverages and the use of the facility until
CITY OF SEBASTIAN
CO~I~ ~ ~ RENTAL PERMIT APPLICATION
]=~r of Pera~ ~stlt~tin~ ~p or o~zation: ~;~
.,, a ....-.
Please ans~ I~S or ID:
1) Are kitchen facilities required?
2) Are ~ a resident of Sebastian?
3) Will decorations be put up?
4) Will there be an a~ssion or door charge?
5) Will alcoholic beverages be served?
(a) If anser to IS.is yes ~
pemitt~'s proof o£ a~e ~'L, ~.~,
(b}, If alcohol is to he served, pe~ssion is '
C~t~ Council., Yopr r.equest rill be presented tora~lb~ the
o~
! · /
Security Deposit: ~__~fl"o. ~ Total Rental: $ /o 7, ~.~.
Nane of Pemitten: ~. _
~dd~e,a of Pe~ittee: /~ ~ ~. ~.
Telephone No,: -..~"~-'2,,~7 Date o! tpplication
Make cheeks payable to: CITY OF SEBASTIAN // ·
APPROVED / DISAPPROVED
City Clerk
-,, o~ ... ,~, ~.-~/,
initial
Rental Fee paid on
(date) ~ the amount of
(date) h the mount of
or Cash
initial
~ent ~B~ / ~.
/ -
Fee ~ver Re~est bea~' at tSe ~,~cil ~tin~o~
(~te). l~t ~PR~ / D~,
K~ Pick~ Date K~ Retu~ ~te
S~rity .De,sit retum~ ~ City ~e~ I
~t OI O~
~t k~t ~ ~ (i~ t~i~lt}.
in the
'(date)
B. The City Clerk shall issue a use permit upon a
determination that the requested use is permissible pursuant to
~his Resolution and all fees have been paid. In the event that
the proposed use may include activities involving gambling,
alcoholic beverages, the use of a facility after 11:00 p.m., or
if an admission charge is to be assessed, then the City Clerk
shall not issue a use permit until directed to do so by the City
council.
C. A use permit for a group composed of minors shall
E. The serving of
facilities is prohibited unless
be issued only to an adult who accepts the total responsibility
for the supervision of each minor throughout the period covered
by the permit.
D. No admission fee or other charge may be imposed by
the permittee unless expressly authorized in the use permit.
Prior to issuance of the permit, the City Council shall make a
determination that the proposed admission charge or other fee is
not intended to further a commercial purpose.
food and/or use of kitchen
specifically authorized in the
use permit.
F. The applicant shall disclose to the City Clerk the
nature of the proposed activity and the anticipated need for
extra work by City personnel. In the event, the City Clerk
determines that the permittee will cause extra work by city
personnel as a result of the proposed use, an additional fee
shall be charged in order to fully recoup such cost.
2
SUBJECT:
Use of Yacht
Fund Raiser
and Dance
APPROVED FOR
City Manager:
EXPENDITURE
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
Club
Turkey Raffle
SUBMITTAL
BY:
Agenda No.
City Clerk
11/29/94
12/07/94
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
(1) Application Dated 11/22/94
(2) Copy of Section 1.,
Paragraph B. of R-94-50
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received a request from Anthony Donini, Director of the
Rotary Club of Sebastian requesting the use of the Yacht Club for a Fund Raiser
Turkey Raffle and Dance on December 17, 1994 from 3:00 PM until Midnight.
He is requesting the use of alcoholic beverages at the event, the use of the facility
until Midnight and permission to charge an admission fee, all of which requires Council
approval per Resolution No. R-94-50, Section 1, Paragraph B. .
A Security Deposit of $250.00 was received with the application and a rental fee of
$120.38 will be due when key is released to applicant.
Historically this event has been approved for the past three years.
RECOMMENDED ACTION
Approve the request with the use of alcoholic beverages, the use of the facility until
Midnight and permission to charge an admission fee.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
~er o! Per~ ~o~tit~thg ~ or orgnhatio~:
I
I
I
I
I
I
(a) if. a~er to J$ .is ~ I
~mttee's pLmf 0r age '~..~ ,k~, ~ . ~ g-'~-'o - ~ / ~ - 6~-.5- -- o ~ - 0
m/D~
B. The City Clerk shall issue a use per~±t upon a
determination that the requested use is permissible pursuant to
t_his Resolution and all fees have been paid. In the event that
the proposed use may include activities involving gambling,
alcoholic beverages, the use of a facility after 11:00 p.m., or
if an admission charge is to be assessed, then the City Clerk
shall not issue a use permit until directed to do so by the City
Council.
C. A use permit for a group composed of minors shall
be issued only to an adult who accepts the total responsibility
for the supervision of each minor throughout the period covered
by the permit.
D. No admission fee or other charge may be imposed by
the permittee unless expressly authorized in the use permit.
Prior to issuance of the permit, the City Council shall make a
determination that the proposed admission charge or other fee is
not intended to further a commercial purpose.
E. The serving
of food and/or use of kitchan
facilities is prohibited unless specifically authorized in the
use permit.
F. The applicant shall disclose to the City Clerk the
nature of the proposed activity and the anticipated need for
extra work by City personnel. In the event..the City Clerk
determines that the permittee will cause extra work by City
personnel as a result of the proposed use, an additional fee
shall be charged in order to fully recoup such cost.
City of Sebastian
1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Accept Resignation of Marjorie
Poole from Police Officers'
Retirement Trust Fund Board of
Trustees
APPROVED FOR SUBMITTAL BY:
City Manager: ~/
) Agenda No.~J ~ /~-~
)
) Dept. Origin ,city cl.erk~'0'~
)
) Date Submitted 11/30/94
)
) For Agenda Of
)
) Exhibits: * Poole Letter
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
We have received a letter from Marjorie Poole stating that she is
resigning her position on the Police officers' Retirement Trust Fund
Board of Trustees effective November 4, 1994. Ms. Poole was appointee
to the position October 1, 1993 for a two year term.
RECOMMENDED ACTION
Move to accept the resignation of Marjorie Poole from the Police
Officers' Retirement Trust Fund Board of Trustees effective November
4, 1994.
~27, 1994
"'l
I
I
i
i
City of ~
1225 Main 8~e~-t
Sebastian, Florida 32958
This is to inform you that I am resigning my position as a member of the Board of the Sebastian
Police Officers' Retimm~ Trust Fund effective November 4, 1994. The decision to resign is
due to procedmal diff~ces with other board members and also an ~ in my daily
respomibilitie~.
I
Sebastian Police Ofli~' Relirement I
Trust Fund Board
City of Sebastian
1225 MA~N STREET [] SERAST~AN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Appoint Member to the Police
officers' Retirement Trust Fund
Board of Trustees
APPROVED FOR SUBMITTAL BY:
City Manager:
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
~ Clerk
11/30/94
12~7/94
* Board List
* Sec. 58-51 Code of
Ordinances
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Marjorie Poole has resigned her position on the Police Officers'
Retirement Trust Fund Board of Trustees. In accordance with Section
58-51(a) (1), that position must be appointed by the City Council. The
member must be a legal resident of the City of Sebastian and, in
accordance with Section 58-51(e), will serv~ out the unexpired term of
the previous member. Ms. Poole's term would have expired October 1,
1995.
RECOMMENDED ACTION
Appoint a member to the Police Officers' Retirement Trust Fund Board
of Trustees for the unexpired term to expire October 1, 1995.
NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS
OF 11/1/94 AND WILL BE REVISED AT THE BEGINNING OF EACH
MONTH
POLICE RETIREMENT BOARD OF TRUSTEES
2 YEAR TERMS
Two Members A_p_pointed b_y Ci~ Council
eARe~-eARSWESB
APPOINTED: 10/89
TERM TO EXPIRE: 10/91
REPLACED CARSWELL: 2/91
UNEXPIRED TERM TO EXPIRE: 10/91
(REAPPOINTMENT LATE) REAPPOINTED: 1/92
TERM TO EXPIRE: 10/93
NAPIER RESIGNED 5/93
MARGE POOLE
APPOINTED UNEXPIRED TERM: 9/93
(OF LARRY NAPIER)
TERM TO EXPIRE: 10/93
REAPPOINTED: 10/93
TERM TO EXPIRE: 10/95
GREGORY GORE (CHAIRMAN) APPOINTED: 10/89
TERM TO EXPIRE: 10/91
(REAPPOINTMENT LATE) REAPPOINTED: 1/92
TERM TO EXPIRE: 10/93
REAPPOINTED: 10/93
TERM TO EXPIRE: 10/95
Two Members A_p_pointed by Police Officers
SENIOR SERGEANT EUGENE.EWERT
(VICE CHAIRMAN)
APPOINTED: 10/89
TERM TO EXPIRE: 10/91
(CONFIRMATION LATE): 1/92
TERM TO EXPIRE: 10/93
REAPPOINTED: 10/93
TERM TO EXPIRE: 10/95
SAPTA~N-BAV~B-P~SeH~R
LARRY HARDISON
(REPLACED PUSCHER)
APPOINTED: 10/89
TERM TO EXPIRE: 10/91
(CONFIRMATION LATE): 1/92
TERM TO EXPIRE: 10/93
APPOINTED: 10/93
TERM TO EXPIRE: 10/95
One Member Appointed bv Board and Confirmed bv Ci~ Council
~H~EF-eHARAES-REYNe~BS
APPOINTED: 10/89
TERM TO EXPIRE: 10/91
RESIGNED: 9/90
~R~APPe~NTM~NT-BATSf-R~APPe~NT~B~--4~9~
T~RM-Te-EKP~R~e-~e~9~
JUDITH A. ROBINSON
P.O.BOX 780785
9744 HONEYSUCKLE DR.
SEBASTIAN, FLORIDA 32978
(407) 664-7964
APPOINTED: 10/93
TERM TO EXPIRE: 10/95
§ 58-50
SEBAS~ CODE
ih) State coatr/bu~ns. Any moneys received by reason, of the laws of the state for the
purpose of funding'and paying for.retirement benefits for the pol/ce officers of the city shall be
deposited to the fund within five days of rece/pt.
(c) City contributions. So long as the system iz in effect, the city shall xp~i~ quarterly
contributions to the fund in an ~mount equal to the balance of the total cost for any year which
shall he the total normal cost plus .any additional amount required to amortize the unfunded
actuarial accrued 1/ability over a 40-year period.
(d) Other. Donations, gifts and contributions from sources other than the city may be
deposited to the fund. Such deposits, at the discretion of the board, may be accounted for
separately and kept on a segregated bookkeeping-basis.
(Code 1980, § 2-124; Oral No. 0-92-03, § ?, 3-11-92)
Sec. 58-51. Board of.~
(a) Adm/n/stra//on vest~/n board,' membersh/p. The sole and exclusive administration
and respons~ility for the prope~ operation of the retirement system and for making effective
· the proviaions.of this article are hereby vested in a board of trustees which shall be designated
as the plan ~dm~nlW~-ator for the system. The board shall consist of five persons as follows:
(1)
Two legal residents of the city who shall be appointed by the council to serve for a
period of two years unless sooner replaced by the city council. An appointed member
may succeed
(2) Two employee members of the police department to be elected as provided in this
section; and
(3) A fifth member, elected by the other four members ofthe board, to be appointed by the
city council as a ministerial dx/ty, for a two-year term, .Such fn*th member shall be.
allowed to succeed himself in office for additional two-year terms if reelected.
(b)
for two
section.
Terms of office. The regular term of office of each elected or appointed trustee shall be
years. Each employee trustee may succeed himself if reelected as prov/ded in this
(c) Election of employee trus~. Employee trustees shall be elected in the following manner: '
the police officer elected members shall be elected by a majority vote of all actively employed -
members of their police department at places designated by the board. All qualified members
entitled to vote shall be notified in person or by written notice ten days in advance of the
election. The two candidates from the police department who receive the highest number of
votes for office shall be declared elected and shall take office immediately upon commencement
of the term of office for which elected or as soon thereafter as they shall qualify. An election
shall be held not more than 30 days and not less than ten days prior to the commencement of
the term for which a trustee is to be elected. The board shall establish and administer the
ominating and election procedure for each election.
CD58:14
i
I
I
i
I
I
I
I
I
I
I
I
I
I
.I
I
I
I
I
I
I
I
I
i
I
I
I
I
I
I
I
I
I
I
I
I
LAW ENFORCEMENT
§ 5~51
(d) Organization. The board shall elect from among its members a chairman, vice-
ehman and sec~ta~ within t~n days after a new trustee is elected or appointed.
(e) Vacancies. Ifa vacancy occurs in the office of trustee, the vacancy shall be filled for the
unexpired term in the same manner as the office was previbusly l%lled.
(f) Compensation; e~penses. The trustees shall serve without compensation, but they may
be reimbursed from the fund for all necessary expenses which they may actually expend
through service on the board.
(g) Votes; quorum. Each trustee shall be entitled to one vote on the board. A quorum shall
consist of at least three members and three afrn'mative votes shall be necessary for a decision
by the trustees at any meeting of the board. The chairman shall have the right to one vote
only. Trustees may not cast proxy votes.
(h) Rules and regulations. Subject to the limitations of this article, the board shall, from
time to time, establish uniform rules and regulations for the administration of the fund
created by this article and for transactions of its business, including provisions for expulsion
· due to nonattendance of its elected members which could result in a vacancy.
(i) Support services; legal counsel. The board shall engage such actuarial, accounting,
legal and other services as shall be required to transact the business of the retirement system.
The compensation of all persons engaged by the board and all other expenses of the board
necessary for the operation of the retirement system shall be paid by the fund at such rates and
in such amounts as the board shall agree. Funds may be distributed by a disbursing agent as
determined by the board, but only upon written authorization by the board. The city attorney
shall give advice to the board in all matters pertaining to their duties in the administration
of the system whenever requested; and he shall represent and defend the board as its attorney
in all suits and actions at law or in equity that may be brought against the board and bring
all suits and actions on behalf of the board that may be required or determined upon by the
board. However, if the board so elects, it 'may employ independent legal counsel at the expense
of the system for the purposes contained in this section, together with such other professional,
technical or other advisors as the board deems necessary.
(j) Removal of trustees. Any elected or appointed trustee who neglects the duties of his
office, as determined by the beard, may be removed by four concurring votes among the board.
fk) Minutes. For all acts and determinations of the board, the secretary shall prepare
minutes.
(1) Duties and responsibilities. The duties and responsibilities of the board shall include,
but not necessarily be limited to, the followinE.
(1) Construe the provisions of the system and determine all questions arising thereunder.
(2) Determine all questions relating to eligibility for benefits under the system.
(3) Determine and certify the amount of all retirement allowances or other benefits
under the system.
CD58:15 ~
§ 5~-51 SEBASTIA~ CODE
(4) Establish un/form rules and procedures to be followed for adm/nistrafive 'purposes,
benefit applications s~l all matters required to administer the system.
(5) Distribute to the members annually pertinent £mancial information concerning the
~j'~em.
(6) Receiwe and process all applications for participation and benefits.
(7) Authorize all payments whatsoever from the fund, and notify the disbursing agent, in
writing, of approved benefit payments and other expenditures arising through oper-
ation of the system and fund.
(8) Have actuarial ~'udies and actuarial valuations performed and ,-~M~ recommenda-
fions regmrding any and all changes in the provisions of the system.
(9) Make the final determination of a member's eligibility for the disability benefits
provided in this article.
(10) Perfom such other duties as are specifled '~n this article.
-(m) Aud/ts. The Board shall furnish to the city auditor such ava/lable investment and
actuarial information regarding the system as shall be requested. At its option, the board may
select the city's independent auditor for purposes of preparing an independent audit of the
system, prov/ded the auditor meets the requirements of F-.q. ch. 185.
(Code 1980, § 2.125)
Sec. 58412. Finauc~ ~~d~t.
(a) Ail of the contn%ut/ons and a~ets-whatsoever attributable to the system shall be
depoaited to the fund.
(b) The actual custody and supervgn'on of the fund and assets thereof shall be vested in the
board. Payments of benefits and disbursements from the fund may be made by the disbursing
agent hut only upon written authorization from the board.
(c) The board shall be required to appol-t a national or state bank with trust powers for
the purpose of serving as custodian of the fund, and all assets of the fund shall be promptly and
continually deposited therewith. In order to fulfil its.investment responsibilities as set forth
in th/s article, the board shall be required to retain the services of the custodian bank, an
investment advisor registered under Investment Advisory Act of 1940, an insurance company,
or a combination of these, for purposes of investment dec/aions and management. Such invest-
ment'manager shall have full discretion in the investment of assetssubject to limi~on of this
agreement and any guidelines as prescribed by the beard.
(d) All funds and securities of the system may be commingled in the fund, provided that
accurate records are maintained at all times reflecting the l~mancial composition of the fund,
including accurate current accounts and ente/es regarding the following.
(1) Receipts and disbursements of the fund.
CD58:16
ITHE
I
CHAMBER OF COMMERCE
December 1, 1994
City Council
City of Sebastian
]225 Main Street
Sebastian FL 32958
Dear Council Members:
Re: Winter Wonderland in the Park - Christmas Around the World
As you know, the Chamber's plans for the activities in the park this Holiday Season are a bit more
extensive than last year! As the time for Santa to sail into Sebastian nears, the many, many
volunteers from the community who are working so hard to put this popular event together are
working diligently to have everything in place in time for Santa's arrival on December 9th. The
many exhibits and displays in the Park make it impossible to put them all together at the last
moment. The volunteers need to be able to work in the Park from now on, and they need access
to electricity to do so.
Although we did not specifically request early access to electricity when we made our initial
request reserving the Park, we assumed it would be available as it was last year, and now are in a
bind! We'd greatly appreciate the City's cooperation and assistance by authorizing turning on the
electricity so that we can light up the Park and greet Santa and delight the townsfolks as we've
promoted: on December 9th!
Thank you for your anticipated help in this regard!
Virginia King
Executive Director
1302 U,S. #1 · SEBASTIAN, FLORIDA 32958
PhC31Uf tan7~
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Resolution No. R-94-66
Designating the Hardee Oak Tree
as Historic
APPROVED FOR SUBMITTAL BY:
City Manager: ~.J
Agenda No. /
Dept. Origin city Cler
Date Submitted
For Agenda Of 12/7/94
Exhibits: * R-94-66
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY ~;TATEMENT
It was the consensus of City Council to direct this office to prepare
a resolution designating the "Hardee Oak Tree" as historic in
accordance with Section 20A-14.4 of the Land Development Code.
RECOMMENDED
Move to adopt Resolution No'. R-94-66.
RESOLUTION NO. R-94-66
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DESIGNATING THE "HARDEE OAK TREE"
(QUERCUS VIRGINIANA) LOCATED ON MAiN STREET BETWEEN
U.S. HIGHWAY ONE AND INDIAN RIVER DRIVE AS AN HISTORIC
TREE IN ACCORDANCE WITH SECTION 20A-14.4 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 20A-14.4.A. of the Land Development Code
of the City of Sebastian provides for determination of certain
trees as "specimen" or "historic" by Resolution; and
WHEREAS, Section 20A-14.4.B. provides that specimen or
historic trees shall not be removed except for extraordinary
circumstances and only by final permit approved by the City
Council; and
WHEREAS, application has been made to the State of Florida
by the Sebastian River Area Historical Society for designation of
the Hardee Oak Tree, which dates back to 1891, as an historic
tree; and
WHEREAS, the City 'Council of the _City of Sebastian,
Florida, desires to designate the "Hardee Oak Tree" a City of
Sebastian historic tree.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. The City Council of the City of Sebastian
hereby designates the Hardee Oak Tree (Quercus Virginiana),
located on Main Street between U.S. Highway One and Indian River
Drive, a City of Sebastian historic tree.
· __~CTION 2. CONFLICTS. Ail Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 3. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution
Councilmember
by Councilmember
to a vote, the vote was as follows:
was
moved for adoption by
The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly
and adopted this day of , 1994.
passed
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion
Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
city Attorney
City of Sebastian
1225 MAIN STREET ~3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Amend Airport Lease
Charles Clay Price/City of Sebastian
Approval For Submittal By:
City Manager
)
)
)
)
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: 12/01/94
For Agenda Of: 12/07/94
Exhibits:
-Second Addendum To Original
Lease - City of Sebastian and
Charles Clay Price, Dated 09/29/93
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
-REQUIRED: N/A
SUMMARY
The original lease entered into on September 29, 1993, by and between the City of Sebastian
and Charles Clay Price, included a schedule for the commencement and completion of the
improvements. However, when the master plan zoning for the Airport was ratified by the
City Council, a small segment was inadvertently omitted and the correction is scheduled for
a public hearing on December 7, 1994. Without this zoning correction, a building permit
cannot be issued. The attached proposed addendum to the original lease would amend the
original schedule and restate the correct commencement and completion dates.
RECOMMENDATION
Recommend approval as proposed.
fJCKBDULB "B"
This Schedule is a part of~.at certain Lease.between the CITY
OF S~ASTIAN and Charles Clay Przos da=ed September 29, 1993; for
leased premises at the Sebastian Municipal Airpu~c.
Lis=od below are the descriptions of each improvement to be
construc'ced by Tenant on =he leased pren:~_s"s and. the
of commencement and da~as of completion zor eac~ suc~
DescriD~ion of
3~000 sq. ft. Hanger
12' x 44' DCA Approved
Modular Office
February 7, 1995
February 7, 1995
April 8, 1995
April 8, 1995
TENANT
Cha~'le,~ clay ~ri~e
Approved as to Form and
Content:
Clifton A. M~Clelland,
City Attorney
CITY ~F SEBASTIAN .
A Munzcipal Corporation
existing under the laws
of Florida
Arthur L. Firtion
Mayor
ATTEST:
Ka~hryn M. O,H~'lioran
CMC/AAa
2
City of Sebastian
1225 MAiN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Approval For Submittal By:
City Manager
AGENDA TRANSMiTTAL
AGENDA NO.
e 61. o;z?
Dept. Origin:
Date Submitted: 11/30/94
For Agenda Of: 12/07/94
Exhibits:
-Letter Dated 11/28/94 From Charles
Clay Price to Joel L. Koford
- Business Sublease
- Letter Dated 10/03/94 From John
Van Antwerp to Charles Price
- 1/26/94 Minutes
EXPENDITURE AMOUNT APPROPRIATION
I REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
Skydive Sebastian, Inc., is requesting permission to enter into a sublease with Mr. Andrew
J. Grimwade. This proposed new sublease would replace the current sublease between
Charles Price and Skydive Sebastian, Inc.
The basic lease document between the City and Charles Clay Price provides for subleasing
subject to City Council approval. Copies of the proposed sublease have been forwarded to
the City Attorney for his review. A copy of the letter from John Van Antwerp to Mr. Price
regarding the hangar construction is also attached for your review. This is the letter that Mr.
Price is requesting be included or made a part of the new sublease.
RECOMMENDATION
If City Council does not have any objections to this arrangement, I would suggest the motion
to approve include language that' the hanger construction be completed not later than ninety
(days) after the issuance of a building permit and that the sublessor apply for the building
permit not later than sixty (60) days after City Council approves the Airport rezoning.
Charles Clay Price
Post Office Box 698
Sebastian, Florida 32958
November 28, 1994
Mr. Joel Koford
City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re: Sublease of Airport Property
Dear Mr. Koford:
I request that the enclosed sublease be placed upon the December 7, 1994 City Council
agenda for consideration and approval. The sublease is an exact duplicate of the~: - ·
previously City Council approved sublease between myself and. Skydive.Sebastian, Inet
with exception to the term of the this sublease. This sublease shall void and replace the'
previously mentioned sublease. ~-~.' "'-'~. -'--"..: · -
Mr. Andrew John Grimwade will be the majority owner of Skydive Sebastian of FL, Inc.
and he shall be present at the December Council meeting and available prior to that-time -
should you or any member of your staff or the City Council have questions for him.. Mr.
Grimwade can be reached by contacting Skydive Sebastian.
As an additional matter regarding the lease, I would like to clarify the terms and .... .
conditions regarding the improvements to the property. I would like to verify thai the
hanger required to be constructed by September 29, 1994 has been delayed due to a
required change in zoning by the City and has not created a default by me under the temas . ...... , ..
of the Lease. I would further like to have a date specific, that the hanger shall not be
required to be completed prior to April 30, 1995 as outlined to me by Mr. Van Antwerp
in his October 3, 1994 letter, (copy attached).
Thank you for your attention to this matter.
ce: Mr. Grimwade
BUSINESS SUB LEASE
THIS AGREEMENT, entered into this day of December 1994, between Charles ......
Clay Price, hereafter called the Lessor, party of the first part, and SKYDIVE. ' '" ' '": 'l
SEBASTIAN OF FL, INC., hereinafter called the Lessee, party of the second part: . ,.... .::_._.~.
WlTNESSETH, that the Lessor does this day sublet unto said Lessee, and said Lessee .
does hereby hire and take as tenant under said Lessor, the property as identified by as
"Attachment A" made a part of this agreement. Lessee agrees to use said property for the ..
exclusive purpose of conducting aviation activities, including skydiving operations, and 1
for no other purpose or uses whatsoever, for the remaining term of that certain Lease
agreement between the City of Sebastian and Charles Clay Price dated September 29,:... ... 'l
1993 identified by as "Attachment B", at and for the agreed total rental of $1.00 and other
valuable consideration. Lessee will not sublet the premises without Lessor's written
permission, such permission shall not be unreasonably withheld, and without the written
'l
consent of the City of Sebastian. Lessee shall not transfer 50% or more of tis outstanding.
common stock without the prior written consent of the City o'f Sebastian. .- :.... ... ..... ~..
,... ' ' , ; ..i:.A~;; ~'_~':
The following express stipulations and conditions are made a part of this sublease and are ............
hereby assented to by the Lessee:
FIRST: Lessee shall provide to Lessor a copy of any insurance, required by.the ·
City of Sebastian, with Lessor and the City of Sebastian named as additionally insured.
SECOND: The Lessee shall name Lessor and the City of Sebastian under all
indemnification and hold harmless agreements used by the Lessee's clients.
Additionally, Lessee shall provide the City of Sebastian and Charles Clay Price with a
hold harmless and indemnification agreement for actions or claims arising from the
conduct of its operations or out of this sublease.
THIRD: Lessee agrees to accept the premises in the condition they are in at the
beginning of this sublease and agrees to maintain said premises in the same condition
during the term of said sublease. ..............
FOURTH: This contract shall bind the Lessor and Lessee and their agents,
successors, and heirs as the case may be, of the sublease.
FIFTH: Violations of any provisions of this sublease or any provisions of
attachment "B" shall be grounds for the termination of this sublease. ~"
SIXTH: Lessor shall not be relieved of any obligations to_.the Ci~ of. Sebastian
under the terms of its lease with the City of Sebastian by 9ii'rue of this sublease.
SEVENTH: Lessee acknowledges the existence of the certain Lease agreement
between Charles Clay Price and the City of Sebastian dated September 29, 1993 (the
"Lease"), identified by as "Attachment B" made part of this agi'eement. The Lessee
agrees to be bound by the terms and conditions of the Lease and agrees that if there is any
conflict between the terms of this Business Sub Lease and the Lease, the terms of the
Lease shall control the rights and obligations of the Lessor and the Lessee.
IN WITNESS WHERE OF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year above written.
WITNESSES
Approved by the City of Sebastian:
By.
City Manager
Attest:
City Clerk
L~$~
Lessor
By
City Attorney . · . '
I
I
I
I
I
I
i
I
I
F
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
October 3, 1994
Mr. Charles Price
Skydive Sebastian, Inc.
PO Box 126
Roseland, Florida 32957
RE: HANGER CONSTRUCTION - 90 DAY ExTENSIoN
Dear Charles:
JVA/dl
cc: FILE
(sky)
John Vankntwerp
Airport Manager
Sebastian Municipal Airport
Regarding your request for a 90 day extension on ha~ger
construction. At this time the zoning .and land use is-in-
process of being changed from Ind. to AI. We expect the chang~ to
be completed about January 1, 1995. .t. propose.-you, apply
building permit within 60 days after ~otification of zoning change
and the building to be constructed' ~within' 60..days after .the
building permit being issued. Please advise me if this is
', ': .., :_ ~: . ~. ........ 7..', ~. :'~ '-, '-?
acceptable. -" ..... -
In regard to your~pool proposal, under our code'th~s ~.may..~e
change of use or possibly be an accessory to the existing use. The
City's Building Department can help you ;.with -thi's.--- The,,.aizloo~t'~.~.~.~
master planned land use for your lease is an aviation oriented
business, therefore, I am sending your r~quest to the
their comments before taking any further action. I will infOrm'you
of the FAA s comments. Regarding expanding .the-size of.,.the-:~.7~
proposed hangar there is no objection,' however, the reduced ramp
area does not appear to be sufficient for.
business. I suggest you construct the ramp on th~"~6r~--~Y~d~''~-~-
proposed han~er and the ramp should be sufficient in size to
accommodate the aircraft you intend to use in your business.
!
leasing of the premises herein described, and all prior
contemporaneous agreements relative thereto have been merged hereit
or are voided by this instrument, which may be amended, modified,
altered, changed, revoked or rescinded in whole or in part only b~
an instrument in writing signed by each of the parties hereto, i
31. ~SSIGN~ENT...AND SUBLETTING. The Tenant shall not assign
sublet the .leased premises or any portion thereof, o~
this
Lease
or
otherwise transfer any right or interest hereunder without the prior
written consent of the Landlord, which consent may be withheld fo~
any reason, if the Landlord consents, in writing, to thl
assignment, subletting or other transfer of any right or interest
hereunder by the Tenant, such approval shall be limited to th4
particular instance specified in the written consent and the Tenant
shall not be relieved of any duty, obligation or liability under th~
provisions of its Lease.
32. BINDING EFFECT. The terms and provisions of this Lease
shall be binding on the parties hereto and their respective heirs
successors, assigns and personal representatives, and the terms
any Addendum attached hereto are incorporated herein.
APPLICABLE LAW/~ENUE. In the event of litigation arisint
33.
out of this writing, venue shall be in Indian River County, Florida
and the terms of this Lease shall be construed and enforce4
according to the laws of the State of Florida except 'to the extent
provided by Federal law.
34. ATTORNEYS FEES. In any action arising out of the
enforcement of this writing, the prevailing party shall be'entitled
,
20 I
Regular City Council Meeting
January 26, 1994
Page Eleven
The City Attorney read Ordinance No. O-94-01 by title
only.
MOTION by Oberbeck/Corum
I would move to approve Ordinance No. O-94-01 on
first reading and schedule the public hearing to
adopt same February 9, 1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
94.029/
93.017
MOTION CARRIED 5-0
Skydive Sebastian, Inc. Sub-Lease from Clay Price
(City Clerk Transmittal dated 1/19/94, Proposed
Sub-Lease~ Ai~ort Manaqer Letter dated 1/13/94.
Price Letter dated 1/7/94. Article~ of
Incorporation)
The Airport Manager addressed City Council on the
request from Clay Price to sub-lease to Skydive
Sebastian, recommended that the names of owners of
Skydive Sebastian, Inc. be disclosed and that the
corporation submit a statement that they agree not to
convey the interest to another person without the
City's ,consent.
The City Attorney said this was a reasonable request
and recommended that the lease be amended to prohibit
the transfer of.stock with the city's consent.
Charles Clay Price, tenant of the airport, stated
that Mark Price and Wanda Price were the owners of
Skydive Sebastian, Inc., and said the corporation
would like the ability to sell no more than 49% of
the stock without coming back to the city.
Mr. Price also requested that the current Skydive
Sebastian, Inc. lease with Sebastian Aero Services be
extended for two months. Mr. Price said he will act
as agent for Skydive Sebastian, although not as
registered agent in accordance with corporate law.
A lengthy City Council discussion followed relative
to ownership of the leased property, construction on
the property, a proposed fuel truck and the question
of other commercial activities on the leased
premises.
Regular city Council Meeting
January 26, 1994
Page Two
MOTION by Oberbeck/Damp
I would move that we approve the proposed two
year lease as submitted by Mr. Price with regard to
Skydive Sebastian.
TAPE II - SIDE I (8:50 p.m.)
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
MOTION by Powell/Oberbeck
i'd like to make a motion that we add this to the
agenda, the request for extension of Skydive
Sebastian lease which expires January 31st.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
The City Attorney recommended that language
subsequent to FIRST be stricken and the word RESERVED
be added.
Mr. Price said the term of six months need to be
stricken and changed to two months.
MOTION by Oberbeck/Damp
I'm going to move to approve a sub-lease between
Sebastian Aero Services and Skydive Sebastian for a
period of two months beyond their existing lease.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0