HomeMy WebLinkAbout12061995 City of Sebastian
i 1295 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 6, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTiAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 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-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION
4. ROLL CALL
95.214
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (t?-95-33)
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Presentation of Plaque to Chuck Neuberger - Construction Board - '//
9/88 through 9/95
95.213
~
95.180
PGS 1-4
PRESEN, TATIONS
IC~MA Range R_i/ders - W.E. Pete Knowles - City Manager
Recruitment j
PUBLIC HEARING. FINAL ACTION
The normal order of business for public hearings ('R-95-33) is as_/bllows:
Mayor Opens Hearing
Attorney Readx Ordinance or Resolution
Staff.Presentation
Public Input
Staff.Summation
Mayor Closes Hearing
Co uncil 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 City
Council.
mo
ORDINANCE NO, 0-95,28 - Exchange of Real Property by the
City of Sebastian (0-95-28)
gan ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING SECTION 2-93 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO
AUTHORIZE THE CITY OF SEBASTIAN EXCHANGE OF REAL
PROPERTY WITH OTHER PARTIES; PROVIDING FOR THE
REViSION OF THE PROCEDURES ON THE CONVEYANCE OF REAL
PROPERTY IN ABANDONMENT OF REAL PROPERTY INTEREST IN
CITY OWNED PROPERTY; PROVIDING FOR SEVERABiLITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 11/15/95,
Advertised Legal Notices l 1/22/95, PH 12/6/95)
95.209
PGS 5-26
95.211
PGS 27-40
95.2113
PGS 41-63
10.
ITEMS CARRIED FORWARD (.NOT COMPLETED) FROM
11/15/95 REGULAR MEETING
Sebastian Soccer Association, Inc. Lease Agreement - Barber Street
Sports Complex North (Public Works Director Transmittal 11/8/95,
Revised Agreement)
Sebastian Panthers - Barber Street Sports Complex Expansion and
Schumann Football Field (City Manager Transmittal 11/6/95,
Panthers Agenda Package)
Sebastian Panthers, Inc. Lease Agreement - Barber Street Sports
Complex South (Public Works Director Transmittal 11/8/95,
Revised Agreement)
CONSENT AGI~NDA
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.
PGS A.
65-101
95.098 B.
PGS 103-107
95.215 C.
10%118
Approval of Minutes - 11/15/95 Regular Meeting, 11/29/95 Special
Meeting, 11/29/95 Business Workshop
RESOLUTION.NO. R-95-66 - Stormwater Management Plan
(City Manager Transmittal 11/30/95, R-95-66)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ESTABLISHING A POLICY ON A
STORMWATER PLAN FOR THE CITY OF SEBASTIAN;
PROVIDING FOR A STORMWATER RETENTION BASIN;
AUTHOR/ZING REPRESENTATIVES TO ACT ON BEHALF OF
THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Police Department - Purchase 1993 Seadoo Explorer Boat and PGS
Trailer with Forfeiture Funds as Authorized by FS 932.7055 - Sole
Source - $4,080.89 (Petty Transmittal 11/27/95, Petty Memo
11/27/95, Affidavit, Cost Breakdown, Specs, FS 932.7055)
95.216 D.
PGS 119-135
95.011 E.
PGS 137-140
11.
Bid Award - Used Combination Loader/Backhoe - $45,195.00 -
Falcon Power (Public Works Transmittal 11/28/95, Bid and
Tabulation, Committee Recommendation)
Riverfront Water Project - Change Order #6 - Speegle Construction,
[nc. (City Manager Transmittal 11/22/95, Change Order)
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSI~SS
95.098 A.
PGS 141-148
13. NEW
95.217 A.
PGS 149-152
95.218 B.
PGS 153-162
14.
15.
Craven Thompson & Associates, [nc. - Supplememal Agreement
No. 6 - Conceptual Stormwater Management Master Plan (City
Manager Transmittal 11/6/95, Supplemental Agreement) - Tabled
from 11/15/95 Meeting -Motion Required to Remove from Table
BUSINESS
Vero Beach/Indian River County Recreation Department Services
(City Manager Transmittal 11/27/95, Callahan Letter 9/20/95)
Recommended Changes to City Charter - Schedule Workshop for
December 14, 1995 (City Manager Transmittal 11/28/95, Proposed
Changes)
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
~Vhich is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
Vice Mayor Carolyn Corem
Mrs. Louise Canwdght
Mrs. Norma Damp
Mr. Raymond Halloran
Mayor Arthur Firtion
16. CITY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION M_ADE BY THE CITY COUNCIL WITH
RffSP/~CT TO ANYMA TTER CONSIDERED A T THIS MEETING (OR HEARING) WILL N7z'i~ED A
RECORD OF TI-IE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD £NCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPE. AL 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 LFalST 48 HOURS IN ADVANCE OF THIS MEETING.
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-93
OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, FLORIDA; TO AUTHORIZE THE CITY OF
SEBASTIAN EXCHANGE OF REAL PROPERTY WITH OTHER
PAl{TIES; PROVIDING FOR THE REVISION OF THE
PROCEDURES ON THE CONVEYANCE OF REAL PROPERTY
IN ABANDONMENT OF REAL PROPERTY INTEREST IN
CITY OWNED PROPERTY; PROVIDING FOR
. SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; AND PROVIDING-FORAN
EFFECTIVE DATE.
WHEREAS, Chapter 166 of the Florida Statutes vests in the Ci:y
of Sebastian the home rule power to establish procedures and
policies for the distribution of real property; and
WHEREAS, the City Council of nhe City of Sebastian finds it in
the public interest to revise the policies and procedures which it
currently has in force on the conveyance for real property; and
WHEREAS, the City Council of the City of Sebastian has
determined it is the best interest of the health, safety, and
general welfare of the community to so amend the Code of
Ordinances, City of Sebastian, Florida.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1. The Code of Ordinances, City of Sebastian,
Florida, is hereby amended by changing Section 2-93 to read as
follows:
Section 2-93 Sale, exchange or abandonment of city property.
(a) Personal Property. If, upon recommendation of the
respective department head, the city manager has determined that
personal property owned by the city is no longer needed or is
obsolete, the property may be sold by bid or by auction. Notice of
sale shall be published once in a newspaper of general circulation
in 5he city. The city manager shall establish a price, or
determine sale by auction; however, if the depreciated value of any
personal property is in excess of $4,000.00, approval of the city
council is required prior to such sale.
(b) Real Property. When the city council has determined that
any real property which is owned by the city should be sold it is
no longer needed for city purpoges, such property may be sold by
bid or by auction with reserve. Notice of sale shall be published
once a week for at least two weeks in a newspaper of general
circulation in the city calling for bids and specifying the terms
of purchase, including the minimum price, if any. If a suitable
offer to purchase is not received, the city may terminate the sale
procedure and may reinitiate such procedures if desired.
. ~ (c) Exchange of Real Property. When the city council finds it
is in the public interest to exchange real property owned by the
city for other real property ~ to fulfill a city purpose, the
city council shall adopt an ordinance authorizing t~le exchange on
such terms and conditiQns as the city finds is in the publ~.~.
(d) Abandonment of Interest in Real Property. The city may
abandon any city-held easement or city interest in real property by
adopting an ordinance declaring the interest abandoned. In the
case of ~ utility Qr drainage easements, or an easement 1Q~ated on
the rear !oS !iai. or side lot line of a lot located i~ a pla~ed
subdivi$ioB the abandonment may be by adopting a resolution to
abandon such easements.
(e) Bidding Procedures. The bidding procedures set forth in
section 2-92, for purchasing items shall apply to subsections (a)
and (b) of this section if the item is offered for sale by bid.
Section ~. Conflicts. Ail other Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
~ Co4ification. It is the in~ention of the City
Council of the City of Sebastian, Florida, that the provisions of
this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Sebastian, Florida, and that the sections
of this Ordinance may be renumbered, relettered, and the word
"ordinance" may be changed to "Section", "Article", or such other
word or phase in order to accomplish such intention.
Section 4. Severability. If any clause, section, or other
part or application of this Ordinance shall be held by any Courn of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applications, which shall remain in full force and
effect.
~_~. Effective Date. This Ordinance shall become
effective immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS /.~y DAY OF ~~./~./~.. , !995.
PASSED AND ADOPTED BY THE ~ITY COUNCIL/OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1995.
The foregoing
Councilmember
Counci!member
Ordinance
was moved for adoption by
The motion was seconded by
and, upon being put into a
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halioran
Councilmember Louise R. Cartwright
adopted this
The Mayor thereupon declared this Ordinance duly passed and
day of , 1995.
CITY OF SEBASTIAN, FLORIDA
by:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. 0'Halloran, CMC/AAE
(meal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SUBJECT:Sebastian Soccer
Association, %nc.
Lease Agreement
Approved for Submittal By:
City Manager _ ~~
Agenda No.
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
Dept. of Origin Public Works
Public Works Dir. ~.d' ~~
Date Submitted: Nov. 8, 1995
For Agenda of Nov. 15, 1995
Exhibits: Sebastian Soccer
Association, Inc. Lease Agreement
.........
APPROPRIATION
REQUIRED: N/A
S~Y STATEMENT
The attached Lease Agreement for the Sebastian Soccer Association,
Inc. for the use of the sports facilities located at the Barber
Street Sports Complex North between August !st and November 30th
each year and for the next ten (10) years has been finalized. The
lease has been reviewed and approved by the City Attorney's office.
RECOMME~ED ACTION
The Department of Public Works recommends that the City Council
move to approve the lease agreement between the City of Sebastian
and the Sebastian Soccer Association, Inc. for the use of the
Barber Street Sports Complex North between August !st and Novpmber~_
~0t~ eac~ year throu~ the year ~.oo~. qc ~~ ~~- ~~
LEASE
THIS L~ASE AGREEMENT, made and entered into this__day of
.... 1995, by and between the CITY OF SEBASTIAN, Florida, a
Florida municipal corporation locaZed in Indian River County,
Florida, party of the first part (hereinafter referred to as the
"Landlord"), and the SEBASTIAN SOCCER ASSOCIATION, a Florida Not-
For-Profit Corporation, party of the second part(hereinafter
referred to as the "Tenant").
W I T N E S S E T H:
WHEREAS, the Landlord is the owner of certain real property
located in the City of Sebastian, County of Indian River, State of
F!orida; and
WHEREAS, the landlord has agreed to lease such real property
to the Tenant subject to certain terms and conditions~ and
WHEREAS, the Tenant desire to lease such real property from
the Landlord.
NOW, THEREFORE, in consideration of the premises, the
covenants, terms and conditions to be performed as set forth
hereinafter, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto have agreed and do agree as
follows:
1. Leased Premises: Subject to the terms and conditions set
forth in this Lease Agreement, and for so long as the Tenant shall
continue to operate a soccer league for the area's youth, the
Landlord leases to the Tenant and the Tenant rents from the
Landlord the certain real property located at the Barber Street
Sports Complex located in Sebastian, Indian River County, Florida,
Page 1 of 21
Sebastian Soccer Association Lease Agreement
such property of the Landlord being more particularly described as
the Multi Purpose Field, and the outfields of baseball Fields ~1,
~2, ~3, ~4, and the concession stand/restrcoms building as
identified on Schedule "A" attached hereto and by this reference
incorporated herein. The aforementioned real property and any
improvements constructed thereon, including buildings and fixtures,
shall be hereinafter referred to as the "Leased Premises" The
creative playground is specifically excluded from the leased
premises.
2. ~Lease: This lease shall begin on the date of
execution of this Lease by both parties and end on November 30,
2005, unless earlier terminated or extended as provided herein.
When the Landlord determines it is in the public interest, the
Landlord may at any time terminate this Lease without cause on
furnishing to the Tenant notice in writing twelve (12) months in
advance of the date of termination of the Lease. However, the
termination of this Lease by either party shall not operate to cure
any default of any of the terms and conditions of this Lease by a
defaulting party. The term of this lease may be extended by
negotiation between the TENA/f~ and LANDLORD prior to the beginning
of the last year of the term period ending in 2005. Short term
extensions to the term of the lease for special tournaments may be
granted by the City Council.
3. Rent: The rent to be paid by Tenant to the Landlord for
the Lease Term shall consist of the sum of One Dollar ($1.00). The
parties hereby acknowledge payment by Tenant and receipt by
Landlord of said rent.
4. Additional Ren~: The Tenant agrees to pay as rent in
addition to the rent provided for in Paragraph 3 of this Lease
Agreement, any and all sums which may become due by reason of the
Page 2 of 21
Sebastian Soccer Association Lease Agreement
failure of the Tenant to comply with all of the covenants, terms
and conditions of this Lease and any and all damages, costs and
expenses, including attorney's fees (both at trial and all
appellate levels) which the Landlord may suffer or incur by reason
of such default, and also any and all damages to the Leased
Premises caused by any act or neglect of the Tenant, or its
assignees or sublettees.
(a) Liability Insurance: From August 1 through November
30 of each year during the Lease Term, the Tenant shall provide and
keep in force at its own expense public liability insurance
coverage with respect to the Leased Premises and all improvements
made to the Leased Premises. The insurance coverage to be provided
by the Tenant shall contain limits of not less than $300,000.00 for
injury or death of any one person and $1,000,000.00 for injury or
death for any one accident.
(b) Miscellaneous: Any policy or policies of insurance
required by the Lease shall be issued by one or more insurance
companies authorized to engage in business in the State of Florida
and the Tenant shall supply the Landlord with a certificate of such
insurance with evidence of the payment of the premium thereon. All
such policies shall name the Landlord as an additional insured and
shall contain provision for notice to the Landlord not less than
ten (10) days in advance of any cancellation or material change of
such policy or policies, in case of failure of the Tenant to make
premium payment when due, the Landlord may pay the amount of any
such premiums, which amount with interest thereon from the date of
payment by the Landlord shall be due and payable by the Tenant to
the Landlord immediately. Copies of renewal policies for any
insurance required under this Paragraph 5 shall be deposited by the
Sebastian
Page 3 of 21
Soccer Association Lease Agreement
Tenant with the Landlord at least ten (10) days prior to the
expiration of existing policies, and upon the failure of the Tenant
to do so, the Landlord may i~m~Lediately purchase, for the account of
the Tenant, the necessary insurance from any reputable insurance
company without notice to the Tenant, and the Tenant shall
reimburse the Landlord for the cost thereof within ten (10) days
after demand for same by the Landlord. The Tenant shall have the
right to carry the insurance provided for in this Paragraph 5, or
any portions of such insurance under a blanket or comprehensive
alS-risk policy.
Use of Leased Premises:
(a) Exclusive Rieht of Use: During the Lease Term, from
August ! through November 30, the Tenant shall have the exclusive
right of use and enjoy the Leased Premises, provided, however, that
the Tenant shall have the non-exclusive right to use the restrooms,
switch room, and all common areas, including, but not by way of
limitation, the parking lot, spectator areas and bleachers. The
Tenant shall enjoy the same rights during short term extensions to
the term of lease for special tournaments if granted by the City
Council. The City reserves the right to schedule activities on the
Leased Premises during the lease term when the Lessee is not
scheduled to utilize the Leased Premises.
(b) Use of Concession Stand: The Tenant agrees that the
concession stand/restroom building to be operated by it on the
Leased Premises will not be operated in such a manner as to
constitute a nuisance or a hazard and that in connection with the
operation of such facility, the Tenant will observe and comply with
all applicable laws, ordinances, orders and regulations prescribed
by lawful authority having jurisdiction over such facility operated
in the Leased Premises. If for any reason the Tenant is unable to
Page 4 of 21
Sebastian Soccer Association Lease Agreement
obtain, or once obtained is unable to continue to hold, the
applicable governmental licenses or permits allowing it uo operate
the concession stand, or if the Tenant shall, for any reason, cease
operating the concession stand, then, the Landlord shall have the
right to retake possession of the concession stand/restroom
building and to undertake its operation or, to enter into an
agre~ment with a third party whereby such third party shall operate
the concession stand. Thereafter, the Tenant shall have no further
right or interest in the concession stand/restroom building.
(c) Use as Recreational Faci!it~: The Tenant agrees that
the Leased Premises shall be used by the Tenant solely as a
recreational facility for its members and guests. The Tenant agrees
that the Leased Premises shall not be used for any other purpose.
(d) Possession and Use of Alcohol: The Tenant shall not
permit the possession or use of alcohol on the Leased Premises.
7. ~: The Landlord shall be responsible for
electricity, water, sanitary and storm sewer. The Tenant shall be
responsible for janitor service and any other utility or service
consumed in connection with the occupancy of the Leased Premises by
the Tenant.
8. Affirmative Covenants of Tenant: The Tenant covenants and
agrees that it will without demand:
(a) Preparation of Fields: Assume responsibility for and
undertake any and all preparations and efforts required to be
performed on the Leased Premises in order that it may be used as
a playing field for the game of soccer. Furthermore, it shall be
the Tenant's responsibility to furnish all equipment necessary to
play soccer.
Page 5 of 21
Sebastian Soccer Association Lease Agreement
(b) Waste: Conduct its use of the Leased Premises in
such a manner as not to be a nuisance, and shall not allow any
noxious odors or vapors to be emitted from the Leased Pr~aises. Use
of explosives, flammable and/or corrosive agents and other like
materials is not approved unless authorized by the Landlord in
advance. Any cleaning agent apparatus wilt be installed and vented
to the outside at the Tenant's cost and only if installation is
approved in writing in advance by the Landlord. The Tenant shall
not engage in activities that waste the Leased premises.
( c ) g-[~l~: Keep the Leased Premises and all
improvements erected thereon in a clean and orderly state,
including, but not by way of limitation, all fields and adjacent
spectator areas, the storage rooms in the announcers' stands and
scoreboards, the concession stand, and the restrcoms. Tenant's
obligation to clean shall include the duty to collect and deposit
all trash and garbage into the containers located on the Leased
Premises for this purpose. The Tenant's responsibilities under this
Paragraph 8 (c) shall also include the duty to supply the restrooms
with toilet paper and all other necessary sanitary items. The
Tenant shall permit the Landlord's duly authorized agents to enter
upon the Leased Premises and the buildings and improvements thereon
erected at any reasonable time, and from time to time, for the
purpose of inspecting and appraising the same. The Tenant shall
comply with all reasonable orders, regulations, rules and
requirements of every kind and nature relating to the cleaning or
orderliness of the premises, now or hereafter in effect, of the
federal, State, municipal or other governmental authorities having
power to enact, adopt, impose or require the same, whether they be
usual or unusual, ordinary or extraordinary, or to changes or
requirements incident thereto, or as the result of any use or
occupation thereof or otherwise, and the Tenant shall pay all costs
and expenses incidental to such compliance, and shall defend,
?age 6 of 21
Sebastian Soccer Association Lease Agreement
indemnify and save harmless the Landlord from all expense, and
damages by reason of any notices, orders, violations or penalties
filed against or imposed upon the Leased Premises or against the
Landlord as owner thereof, because of the failure of the Tenant to
comply with this covenant.
In the event of the failure of the Tenant promptly to
perform the covenants of this Paragraph 8 (c), the Landlord may go
upon the Leased Premises and perform such covenants, the cost
thereof, at the sole option of the Landlord, to be charged to the
Te-%a~t as additional and delinquent rent.
(d) Imorovements: The Tenant shall not cause any
improvements to be made to the Leased Premises without the advance
written consent of the Landlord. Provided, however, that this
provision shall not be deemed to prevent the Tenant from performing
or arranging for the performance of any of its duties or exercising
any of its rights under Paragraph 8. Unless otherwise agreed in
writing between the parties hereto, all costs of any improvements
shall be borne by the Tenant. All improvements made on the Lease
Premises, including the construction of buildings and installation
of fixtures, shall become the property of the Landlord upon their
construction or installation, but shall be deemed part of the
Leased Premises for purposes of this Lease Agreement.
(e) S~: The Tenant shall not erect or maintain any
sign or signs on the Leased Premises of a commercial or private
advertising nature.
(f) ~: Keep locked the announcers' stands and the
concession stand/restroom building, including related storage
areas, when such pr~ses are not being used by the Tenant.
(g) 2D/~D~k3.~: Comply with any requirements of any of
Page 7 of 21
Sebastian Soccer Association Lease Agreemnt
the constituted public authorities, and with the terms of any state
or federal statute or local ordinance or regulation applicable to
the Tenant or its use of the Leased Premises, and save the Landlord
harmless from penalties, fines, costs or damages resulting from
failure so to do.
(h) Fire: Use every reasonable precaution against fire.
(i) Rules and Regulations: Comply with reasonable rules
and regulations of the Landlord promulgated as hereinafter
provided.
(j) Surrender of Leased Premises: Upon the expiration or
other termination of this Lease, for any reason whatsoever,
surrender to the Landlord the Leased Premises together with the
buildings and improvements thereon erected or standing thereon and
the building equipment then upon the Leased Premises, together with
ail alterations and replacements thereon, in good order, condition
and repair, except for reasonable wear and use thereof, and except
for such damage by any taking by condemnation or exercise of the
right of eminent domain. The Tenant further agrees to promptly
deliver to the Landlord at its office all keys for the Leased
Premises.
(k) Notice of Casualty and Need for Remair: Give to the
Landlord prompt written notice of any accident, fire, or damage
occurring on or to the Leased Premises. Give to the Landlord
prompt written notice of any condition of the Leased Premises
requiring repair or maintenance which the Landlord has agreed to
take responsibility for under Paragraph
(1) ~: If the Tenant shall vacate or decide at
any time during the Lease Term to vacate the Leased Premises prior
to the expiration of this Lease Term, or any extension of the
Lease, or if the Tenant shall cease for any period to be a not-for-
profit corporation, or to utilize the Leased Premises as a
Page 8 of 21
Sebastian Soccer Association Lease Agreement
recreation facility, this Lease shall immediately terminate without
the necessity of any legal proceeding or other action on the part
of the Landlord, and all right, title and interest in the leasehold
created by this Lease shall revert and revest in the Landlord
immediately and automatically.
9. Negative Covenants of Tenant: the Tenant covenants and
agrees that it will do none of the following things without the
consent in writing of the Landlord first had and obtained:
(a) Use: Occupy the Leased Premises in any other manner
or for any other purpose than as above set forth.
(b) AssiGnment. etc.: Assign this Lease or hypothecate
or mortgage the same or sublet the Leased Premises or any part
hereof. Any assignment, transfer, hypothecation, mortgaging or
subletting without the written consent of the Landlord shall be
void ab initio.
(c) Alterations and Improvements: Hake any structural
alterations, improvements, or additions to the Leased Premises,
except as provided herein. All structural alterations, additions
and improvements (except trade fixtures, furniture and equipment
other than building equipment) which may be made or installed by
the Tenant upon the Leased Premises shall upon the making or
installation thereof be and become a part of the Leased Premises
and shall remain upon and be surrendered with the Leased Premises
as a part thereof at the termination of this Lease, unless the
Landlord shall, prior to the termination of this Lease, have given
written notice to the Tenant to remove the same in which event the
Tenant will remove such alterations, improvements, and additions
and restore the Leased Premises to the same good order and
Page 9 of 21
Sebastian Soccer Association Lease Agreement
condition in which they now are. Should the Tenant fail so to do,
collecting, at the Landlord's option, the cost and expense thereof
from the Tenant as additional rent.
(d) ~: Use or operate any machinery that, in
the Landlord's opinion, is harmful to the Leased Premises or the
buildings of which the Leased Premises is a part.
(e) ~: Place any weights in any portion of the
Le~sed Premises beyond the safe carrying capacity of the structure.
(f) ~: Vacate or desert the Leased Premises
during the Lease Term, or permit the same to be empty and
unoccupied without the permission of the Landlord.
(g) Recordation: Record this Lease. If the Tenant
violates this covenant, the Tenant hereby irrevocably authorizes,
empowers and designates the Landlord as its lawful attorney for the
purpose of having said Lease marked satisfied of record.
(h) Encumbrances/Liens: Allow any mortgage, lien or
other encumbrance or security interest to be created against or
attached to the Leased Premises or any building or fixture located
thereon.
10. Obligations of Landlord:
agrees that it will without demand:
The Landlord covenants and
(a) Maintenance and Repair: Keep the Leased Premises and
all improvements erected thereon in good condition and repair,
including the exterior and interior structures, the roof, all
plumbing, heating and electrical systems, score boards, fencing and
backstops, and storage rooms in the announcers' stands. In
Page 10 of 21
Sebastian Soccer Association Lease Agreement
addition, the Landlord agrees to keep in good condition and repair
all CO~L~Lon areas of the Leased Premises, including the parking lot,
spectator areas and bleachers. The Landlord further agrees to
maintain all grass areas of the Leased Premises, which duty shall
include mowing, fertilizing and operating an irrigation system.
(b) Trash Removal: Remove from the Leased Premises all
trash and garbage collected by the Tenant pursuant to its
obligation under Paragraph 8 (c).
11. Landlord's Rights: The Tenant covenants and agrees that
the Landlord shall have the right to do the following things and
matters in and about the Leased Premises:
(a) r_~L~~: At all reasonable times by its duly
authorized agent to go upon and inspect the Leased Premises and
every part thereof, and/or at its option to make repairs,
alterations and additions to the Leased Premises.
(b) Use of Leased Premises: Use the Leased Premises for
any public purpose from January 1 through July 31 each year,
provided, however, that during this period the Tenant is relieved
of performing its obligations under Paragraph 8.
12. Responsibility of Tenant: The Landlord shall not in any
event be responsible, and the Tenant hereby specifically assumes
responsibility for any personal or bodily injury or death of any
persons (including employees of the Tenant and the Landlord) and
damage, destruction, or loss of use of any property, including the
Leased Premises (except as specifically provided otherwise herein)
occasioned by an event happening on or about the Leased Premises
during the period of time the Tenant has the exclusive right to use
and enjoy the Leased Premises as set forth in Paragraph 6 (a),
except if same results from the negligence of the Landlord, its
Page 11 of 21
Sebastian Soccer Association Lease Agreement
agents, servants, or employees or from natural disasters or acts of
God. The Tenant shall defend, indemnify and hold harmless the
Landlord from and against any and all claims, demands, suits,
damages, liability and costs (including attorneys fees and
expenses) arising out of or in any manner connected with any act or
omission, negligent or otherwise of the Tenant, third persons, or
any of their agents, servants or employees which arise out of or
are in any way connected with the maintenance, use, operation, or
occupation of the Leased Premises during the period of time the
Tenan~ has the exclusive right to use and enjoy the Leased Premises
as set forth in Paragraph 6 (a), unless due to the negligence of
the Landlord, its agents, servants or employees or natural
disasters or acts of God.
The Landlord shall promptly notify the Tenant of any claim
asserted against the Landlord on account of any such injury or
claimed injury to persons and property and shall promptly deliver
to the Tenant the original or a true copy of any surmnons or other
process, pleading or notice issued in any suit or other proceeding
to assert or enforce any such claim. The Tenant shall have the
right to defend any such suit with attorneys of its own selection
and the Landlord shall have the right, if it sees fit, to
participate in such defense, it is further covenanted and agreed by
the parties hereto that in no case shall the Landlord be liable
under any expressed or implied covenant of this Lease for any
damages whatsoever to the Tenant accruing after any act or breach
of covenant for which damages may be sought to be recovered against
the Landlord.
The Tenant shall defend, indemnify and hold harmless the
Landlord from claims, d~mands, suits, liability for damages for
personal or bodily injury or death of any persons or damage or
destruction of any property (including loss of use thereof) caused
Page 12 of 21
Sebastian Soccer Association Lease Agreement
by or in any manner arising out of any breach, violation or
nonperformance by the Tenant of any covenant, term or provision of
this Lease.
13. Damace to Leased Premises: in the event the Leased
Premises are damaged by fire or other casualty not occurring
through the fault or negligence of the Tenant or those employed or
acting for it, the parties hereto agree as follows:
(a) The Landlord shall be obligated to restore the
Leased Premises if the insurance proceeds payable to the Landlord
due to damage caused by fire or other casualty is sufficient to
cover the costs of restoring the Leased Premises to their original
condition.
(b) In the event insurance proceeds payable to the
Landlord are insufficient to cover the costs of restoring the
Leased Premises to their original condition, and if facilities
comparable to the Leased Pr~mises are then available, this Lease
shall terminate and the Tenant shall have the option to lease the
comparable facilities under terms and conditions that the parties
shall, at such time, mutually agree upon.
(c) In the event insurance proceeds payable to the
Landlord are insufficient to cover the costs of restoring the
Leased Premises to their original condition and facilities
comparable to the Leased Premises are not then available, the
parties agree that, prior to instituting any legal action, they
shall make a good faith effort to negotiate a remedy equitable to
each party.
(d) In the event the Landlord undertakes to restore the
Leased Premises pursuant to subparagraph 13 (a) above, and as a
result of the damage to the Leased Pr~mises are rendered
Page 13 of 21
Sebastian Soccer Association Lease Agreement
untenantable, the lease Term shall be extended for a period of time
equal to the period of time the Leased Premises remain
untenantable.
(e) The Landlord has let the Leased Premises in their
present condition and without any representations on the part of
the Landlord, its officers, employees, servants and/or agents. The
Tenant hereby acknowledges that it has inspected the Leased
Premises prior to executing this Lease and that it finds the Leased
Pr~mises to be in satisfactory condition.
14. Miscellaneous Agreements and Conditions:
(a) -~~: The failure of either party to insist
upon strict performance of any of the covenants or conditions to
the Lease, or to exercise any option herein conferred in any one or
more instances, shall not be construed as a waiver or
relinquishment for the future of any such covenants or conditions
of this Lease or option, but the same shall be and remain in full
force and effect.
(b) Accord and Satisfaction: No payment by the Tenant or
receipt by the Landlord of a lesser amount than the rents herein
stipulated shall be deemed to be other than on account of the
earliest stipulated rent, nor shall any endorsement of statement on
any check or any letter accompanying any check or payment as rent
be deemed an accord and satisfaction, and the Landlord may accept
such check or payment without prejudice to the Landlord's right to
recover the balance of such rent or pursue any other remedy herein.
15. Remedies of Landlord: tf the Tenant:
(a) Does not pay in full when due any and all of the
Page 14 of 21
Sebastian Soccer Association Lease Agreement
rent and/or any other charge or payment herein reserved, included,
or agreed to be treated or collected as rent and/or any other
charge, ex!~ense, or cost herein agreed to be paid to the Landlord~
or
(b) Violates or fails to perform or otherwise breaks any
covenant or agreement herein contained; or
(c) Vacates the Leased Premises or removes or attempts
to remove or manifests an intention to remove any goods or property
the~refrom otherwise than in the ordinary and usual course of
business without having first paid and satisfied the Landlord in
full for all rent and other charges then due or that may thereafter
become due until the expiration of the then current term:
Then and in any of said events, there shall be deemed to be a
breach of this Lease, and thereupon the Landlord shall have the
following rights:
(1) To re-enter the Leased Premises and remove al!
persons and all or any property therefrom, either by
summary dispossession proceedings or by any suitable
action or proceeding at law, and repossess and enjoy
the Leased Premises, together with all alterations,
fixtures, signs and other installations of the Tenant.
Upon recovering possession of the Leased Premises by
reason of or based upon or arising out of a default on
the Dart of the Tenant this Lease shall terminate.
(2) To terminate this Lease and the term hereby created
without any right on the part of the Tenant to waive the
forfeiture by payment of any su/a due or by other
performance of any condition, term or covenant broken.
Whereupon the Landlord shall be entitled to recover, any
Page 15 of 21
Sebastian Soccer Association Lease Agreement
and all sums due for rent, including additions to rents
and damages for violation of the Tenant's obligations
hereunder in existence at the time of such termination.
16. Right of Injunctive Relief: in the event of a breach or
threatened breach by either party of any of the covenants or
provisions hereof, the non-breaching party shall have the right of
injunction and the right to invoke any remedy allowed at law or in
equity as if re-entry, suam%ary proceedings and other remedies were
no~ herein provided for.
17. Riahts Not Exclusive: NO right or remedy herein conferred
upon or reserved to either party is intended to be exclusive of any
other right or remedy herein or by law provided but each shall be
cumulative and in addition to every other right or remedy given
herein or now or hereafter existing at law or in equity or by
statute.
18. Right of Assiqnee of Landlord: The right to pursue the
remedies herein provided against the Tenant and to enforce all of
the other provisions of this Lease may, at the option of any
assignee of this Lease, be exercised by any assignee of the
Landlord's right, title and interest in this Lease in its own name,
any statute, rule of court, custom, or practice to the contrary
notwithstanding.
19. Remedies Cumulative: Ail of the remedies hereinbefore
given to either party and all rights and remedies given to them by
law and equity shall be cumulative and concurrent. No termination
of this Lease or the taking or recovering the Leased Premises shall
deprive the Landlord of any of its remedies or actions against the
Tenant for rent or sums due as if there has been no termination;
nor shall the bringing of any action for rent or breach of
Page 16 of 21
Sebastian Soccer Association Lease Agreement
covenant, or the resort to any other reJnedy herein provided for the
recovery of rent be construed as a waiver of the right to obtain
possession of the premises.
20. Eminent Domain:
(a) If all or any part of the Leased Premises shall be
taken under a power of eminent domain, the compensation or proceeds
awarded for the taking of the land, the building(s) and/or
imD~rovements on the Leased Premises shall belong to the Landlord.
Provided, however, that the Tenant shall be entitled to receive the
compensation or proceeds awarded for the taking of the leasehold
interest resulting from the institution of eminent domain
proceedings. Nothing herein shall prevent the Landlord from seeking
any and all damages sustained from the condemning authority by
reason of the exercise of the power of eminent domain.
(b) In the event the condemnation or taking is to such
an extent that it is impracticable for the Tenant to continue its
operations on the Leased Premises, and if facilities comparable to
the Leased Premises are then available, this Lease shall terminate
and the Tenant shall have the option to lease said facilities under
terms and conditions that the parties shall, at such time, mutually
agree upon. In the event comparable facilities are not then
available, the parties agree that prior to instituting any legal
action, they shall make a good faith effort to negotiate a remedy
equitable to each party.
21. Identity of Interest: The execution of this Lease or the
perfoz/nance of any act pursuant to the provisions hereof shall not
be deemed or construed to have the effect of creating between the
Landlord and the Tenant the relationship of principal and agent or
of a partnership or of a joint venture and the relationship between
them shall be and remain only that of a Landlord and a Tenant.
Page 17 of 21
Sebastian Soccer Association Lease Agreement
22. Notices and Reports: Any notice, report, statement,
approval, consent, designation, demand or request to be given and
any option or election to be exercised by a party under the
provisions of this Lease shall be effective only when made in
writing and delivered (or mailed by registered or certified mail
with postage prepaid) to the other party at the address given
below:
City of Sebastian
Attention: City Manager
1225 Main Street
Sebastian, Fi 32958
Sebastian Soccer Association
Attention: Rick Sweeney, President
685 Helicon Terrace
Sebastian, Fi 32958
provided, however, that either party may designate a different
address from time to time by giving to the other party notice in
writing of the change, Rental payments to the Landlord shall be
made by the Tenant at the address listed above.
23. Nondiscrimination: The Tenant for itself, its personal
representatives, successors in interest and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant
running with the land that (i) no person on the grounds of
religion, gender, age, race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be
otherwise subject to discrimination in the use of the Tenant's
facilities; (ii) that in the construction of any improvements on,
over or under the Leased Premises and the furnishing of services
thereon, no person on the grounds of religion, gender, age, race,
Page 18 of 21
Sebastian Soccer Association Lease Agreement
color cr national origin shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to
discrimination. This provision is not intended to modify or
preclude the Tenant from enforcing any of its rules or regulations
concerning age requirements or limitations with respect to
participation in its programs.
24. ~&uLr_~lr~,9~: The Landlord warrants that the Landlord has
full power to execute this Lease and that it will warrant and
defend the leasehold interest created hereby against all parties
whomsoever and that the Tenant, upon observing and complying with
the terms, covenants and conditions of this Lease shall enjoy the
use and occupancy of the Leased Premises during the Lease Term.
25. ~eadings No Part of Lease: Any headings preceding the
text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Lease nor shall they affect its meaning,
construction or effect.
26. Severabilitv: If a provision of this Lease Agreement is
held invalid, it is hereby agreed that all valid provisions that
are severable from the invalid provision remain in effect. If a
provision in this Lease Agreement is held invalid in one or more of
its applications, the provision remains in effect in all
applications.
27. Lease Contains Ail Acreements: It is expressly understood
and agreed by and between the parties hereto that this Lease,
including Schedule "A", sets forth all the promises, agreements,
and conditions or understandings between the Landlord and the
Tenant relative to the Leased Premises, and that there are no
promises, agreements, conditions or understandings, either oral or
Page 19 of 21
Sebastian Soccer Association Lease Agreement
written, between them other than are herein set forth. It is
further understood and agreed that, except as herein otherwise
provided, no subsequent alteration, amenclmen~, change or addition
to this Lease shall be binding upon the Landlord or the Tenant
unless reduced to writing and signed by them.
28. Heirs and Assignees: All rights and liabilities herein
given to, or imposed upon, the respective parties hereto shall
extend to and bind the several and respective heirs, executors,
administrators, successors and assigns of said parties; and if
therJ shall be more than one Tenant, they shall all be bound
jointly and severally by the terms, covenants and agreements
herein, and the word "Tenant" shall be deemed and taken to mean
each and every person or party mentioned as a Tenant herein, be the
same one or more; and if there shall be more than one Tenant, any
notice required or permitted by the terms of this Lease may be
given by or to any one thereof, and shall have the same force and
effect as if given by or to al! thereof. The words "his~' and "him"
or "its" wherever stated herein, shall be deemed to refer to the
"Landlord" or the "Tenant" whether such Landlord or Tenant be
singular or plural and irrespective of gender. No rights, however,
shall inure to the benefit of any assignee of the Tenant unless the
assignment to such assignee has been approved by the Landlord in
writing as aforesaid.
29. Tenant Forbidden to Encumber Leased Premises: It is
expressly agreed and understood between the parties hereto that
nothing in ~his Lease Agreement shall ever be construed as
empowering the Tenant to encumber or cause to be encumbered the
Leased Premises in any manner whatsoever. In the event that
regardless of this prohibition any person furnishing or claiming to
have furnished labor and materials at the request of the Tenant, or
any person claiming by, through or under the Tenant, shall file a
Page 20 of 21
Sebastian Soccer Association Lease Agreement
lien against the Leased Premises, Tenant shall, within thirty (30)
days after being notified thereof, cause such lien to be satisfied
of record or cause the Leased Premises to be released therefrom by
the posting of a bond or other security as prescribed by law, or
shall cause same to be discharged as a lien against the Leased
Premises by an order of a court having jurisdiction to discharge
such lien. In the event the lien is not discharged as required
above, Landlord may advance funds necessary to discharge the lien
and recover any amounts so paid from Tenant.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Attest:
CITY OF SEBASTIAN
Kathryn M. O'Halloran,
CMC/AAE
City Clerk
Arthur Firtion, Mayor
(SEAL)
Approved as to form
and content:
City Attorney
Attest:
SEBASTIAN SOCCER ASSOCIATION
Corporate Secretary
(corporate seal)
Rick Sweeney, President
Page 21 of 21
Sebastian Soccer Association Lease Agreement
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Sebastian Panthers
Approval For Submittal By:
City Manager ~/~,[?
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 11/06/95
For Agenda Of: 11/15/95
Exhibits:
- Sebastian Panthers Agenda
Package
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The Sebastian Panthers, Inc., have requested the oppommity to address City Council
concerning the Barber Street Sports Complex expansion and the Schumann Park
football field. The attached agenda is for discussion.
Sebastian P~a, nthers, ~. ~ I
P.O. Box ~81624 I
Sabastian, Florida 32.9~78-1624
November 6, 1995
Cit~y of Sebastian
Attn? City Manager
1225 Main St.
Sebastian, FL 32958
Dear Mr. Koford:
Please submit the attached agenda package for our organization for the November 15,
1 995 meeting. This contains our major points and supporting documentation to our
areas of concern regarding the Barber Street Sports Complex Expansion Project and
the Schumann Park Football Field. We would like to have the opportunity to address
these concerns and answer questions that were raised by the City Council members
and yourself during the October 11th council meeting.
Sincerely,
MAURA M. RAFtORN
Treasurer
AGENDA PACKAGE
NOVEMBER 15, 1995
CITY COUNCIL MEETING
As the City Council did not budget anything in the 1995-1996 Budget for
capital projects at the Barber Street Sports Complex, what is the possibility of
a Budget Amendment in getting at least the lighting and rest room problems
solved this year?
A)
Lighting is necessary not only for the children's safety, but also it is a
requirement from October through the end of our season each year due
to the time change. The field currently does not even have a street light
close enough to give any light whatsoever. In the past because
Schuman Park did not have lights, the county gave us permission to use
Hobart Park and this year the City of Fellsmere gave the league use of a
lighted field from November 1 until the end of our season at no charge.
1)
We feel the lights have been approved due to the City Council
approving the comprehensive site plan during the February 3,
1993 City Council Meeting. The initial contract was approved on
the November 4, 1992 meeting and is attached with a copy of the
contract at Attachment 1. Attachment 2 is a reduced copy of part
of the comprehensive site plan that was approved, which reflects
a "lighted" football field.
2)
When the Sebastian River Area Little League signed over their
Main Street field to the City upon receiving the Barber Street
Sports Complex, there was a verbal agreement between Randy
Snyder, President of the little league and Robert McCIary, City
Manager that the old lights at the Main Street field would be
saved and used for the Sebastian Panther field. Therefore, the
lights are available and only takes an approval for installation.
Restrooms are a necessity for a league this size and are presently non-
existent. The existing restrooms are inside the green metal building and
do not have a viable drainfield or septic system according to the Public
Works department. Any restrooms for the public should have an exterior
access and should be handicap accessible.
1)
Restroom facilities were not designed in the approved
comprehensive site plan that we can see.
2)
The 2 interior restrooms that are located inside the green metal
building would not seem to be adequate for crowds of
approximately 1,000 people attending functions at this site.
Page 2
During Fiscal Year 1993 $180,000 was budgeted in the Capital Projects Fund
for the Barber Sports Complex and according to the September 30, 1993
Operating Statement only $140,1 06 was expended. Since this fund was
supposed to roll over into the next fiscal year, was the remaining $39,894
carried over7 A copy of the Operating Statement page 35 is at Attachment 3.
Have grant funds ever been applied for or do you anticipate applying for grant
funds to complete the Barber Street Sport Complex Expansion project?
The concept of an advisory recreation committee should be investigated to
assist in the planning of recreational facilities and their use. Do you have plans
to establish this type of committee?
Would it be possible to have a time table estimate for completion of the Barber
Street Sports Complex Expansion?
~. , ~. !990
Oc~ooe_ 28, -
MOSBY AND ASSOCIATES, INC.
24S5 $-['. LUC:E AVENUE
PO. BOX 6368
VERO 8EACH. FLORIDA 32961
· ',07- 569,,0035
Mr. Robert S. McC!ary
City Manager
City of Sebastian
~os~ Of=.
. =~ce Box 127
Sebastian, ~!orida 32978-0127
Subj%c%: proposal/Contract for Pro~essionai Engineering Services
for the Preparation of the Master Plan for the
Barber Street Sports Complex Expansion
Sebastian, Florida
Engineer's Project No. 92-424
Dear Mr. McClary:
At your request, we are hereby submitting our proposal to provide
professional engineering services ~or the above subject project.
We understand the City of Sebastian intends to expand the exist-
[nM Barber Street Sports Complex to include a seven (7) acre
tract of land south o~ the existing complex on Tulip Street.
This proposal is for the development o~ a master plan o~ the
meven (7) acre tract to include a recreation center, parking
~acilities, ~ootball and soccer ~ields and ~upport ~acilities
such as restrooms and bleachers. Ou= detailed scope of work
would include the ~ol!owing:
!. Project coordination with the City oE Sebastian.
Evaluation and coordination o~ the required boundary and
topographic survey. This pro~osa! does not include the
cost o~ the survey work, but i~ requested, we can obtain
and coordinate the survey wo=k to be performed.
Preparation o~ an overall develoDmenta! master plan of the
seven (7). acre expansion in conjunction with the existing
Barber Street Sports Complex.
Preliminary design of the on-site stormwater management
system.
Deve!oomenta! meeting with the City of Sebastian's Engineer-
lng and Building Departments.
We orooose to orovide the herein described services for a
f~e of $2,500.00, excluding direct costs.
total
Mr. Robert S. McClarv
October 28, 1992
Page 2
Construction inspection has not been included in this proposal,
bu~ if requested, will be provided on an hourly rate basis at the
following hourly rates:
Sr. Engineering:
Jr. Engineering:
Technician:
Jr. Technician:
Administrative:
$70.00 Per Hour
$55.00 Per Hour
$50.00 Per Hour
$45.00 Per Hour
$25.00 Per Hour
Expe~s for work required which is not covered in the herein
described items will be billed as direct costs without mark-up.
Direct costs would include such items as printing, permit fees,
long distance telephone calls and mileage reimbursement at $0.25
per mile.
Zf at any time dUring the evaluation and design of the herein
stared proposed services it becomes a~aren~ that the described
scope of work changes, we will ima~ediate!y notify you prior to
making such changes. Such changes will be considered additional
services and wi!! be billed at the herein stated hourly rates.
invoices for our services will be billed on a monthly basis with
payment due upon your receipZ of the invoice, k service charge
of 1-1/2% per month will be billed for laze payments.
~e are available to begin the work described herein upon our
r~ceipZ of your written acceptance of this proposa!/contracz.
Should you reguire further information or clarification, please
call.
Very truly yours,
MOSBY/AMD ,aS~C~ AT~ ,../NC.
RLM:~ee
~I TNES S
/~ ~ /1
1992.
Wi tness.j
City of Sebastian
POST OFFtCE 8OX 780127 i~ SEBASTIAN. FLORIDA 32978
TELEPHONE (4.0'7') 589-5.330 ,~ FAX (~.OT) 589-5570
SUBJECT: Barber Street Sports
Complex Expansion
Approval For Submittal By:
Ci~x Manager:
Dept. of Origin: City Hanaqer
Date Submit=ed: lO/28/91
For Agenda Of: 11/04/92
Exhibits: Hosby Proposal dated
10128192
EXPENDITURE
REQUIP~ED:
A~OUNT
BUDGETED:
APPROPRIATION
REQUII~ED:
SUMMARY STATEMENT
Randy L. Mosby P.E. of Mosby And Associates, Inc. of Veto Beach,
Florida performed all engineering work for the Barber Street Sports
Complex. This firm provided their professional services (valued at
over $16,000) as a donation to the City of Sebastian, to the youth
of the community, and in memory of Mr. Mosby's father, Fred
Mosby. Further, Randy Mosby has agreed to make several revisions to
the existing site, again as a donation to the City.
As a result of the settlement agreement with General Development
Corporation the City acquired considerable real property within the
community. One such tract is located at the intersection of Barber
Street and Tulip Street directly sou~h of the Barber Street Sports
Complex and consists of approximately 7.3 acres. With the
acquisition of this tract it is appropriate that the City review its
plans for the Barber Street Sports Complex since this tract could
easily be an extension of that project. Specifically, the existing
plans call for an 80 yard multi-purpose football/soccer field
situated next to the Creative Playground and North of Tulip Street
and South of Fields ! and 2. This area would be better utilized for
tennis courts, basketball courts, shuffle board and horseshoe pits
rather than a mutli-purpose field. The new 7.3 acre tract, which is
an entire block, would accommodate several multi-purpose/football
soccer fields and has sufficient room for the fields to have the
proper North/South orientation plus necessary amenities such as off
s~reet parking and restroom facilities. There has also been some
discussion about using the existing building as a youth gymn~
J
Barber Street Sports Complex Expansion Page ~2
recreation center and some discussion about this site being used for
a future community center. Furt~Ser, since the original Barber
Street Sports Complex design, a new youth soccer league has been
organized. Further, the Panthers Football Association wishes to
expand its program to a "pop warner" league which would require a
!00 yard field (the current field at Schumann Park is 80 yards).
The first step towards the development of this property would be to
develop a conceptual plan with a Master Plan layout with some
preliminary design of drainage, traffic circulation, etc. In
addition to the engineering, a topographical survey estimated to
cost between $1500 and $1800 would be needed.
T~e- City has engaged the professional services of Mosby And
Associates, Inc. for numerous projects. We have found Mosby And
Associates, Inc. to be competent, professional, and competitive. It
is unrealistic to expect that Mosby And Associates, Inc. could
continue to donate all the engineering necessary for City owned
youth oriented recreation facilities. However, Mr. Mosby has
assured me that he would provide such services at the lowest
possible expense to the city. The engagement of an engineer for
this project would be under the threshold limits requiring the
selection process outlined in Chapter 287 of the Florida Statues.
RECOMMENDED ACTION
Move to approve the proposal by Mosby And Associates, Inc. of Vero
Beach, Florida for preparation of a Master Plan for the Barber
Street Sports Complex Expansion as outlined in their letter dated
October 28, 1992
City of Sebastian
TELEPHONE (407) 589-5330 -.. FAX (407) 589-55"T0
SUBJECT: Barber Street Sports
Complex Expansion
Approved for Submittal By:
cit7 Hanager
Dept. of Origin: City Hanager (RS~)
Date Submitted 0!/28/93
For Agenda Of: 02/03/93
Exhibits: Mosby Site Plan
(Under Separate Cover)
EX2E~NDITURE
P. EQUIRED:
A~OUNT
BUDGETED:
A~PROPR!i%TION
R~QUI,~ED:
SU~9~RY STtTEM~NT
The City engaged Mosby & Associates of Veto Beach to develop a
conceD~ua! sits plan fur the 7.3 acre extension of ~e Barber Stree~
SDo~s Complex. The sits can adequately house three mu!~i-purp, ose
playing fields to accommodate ycu~k football, youth soccer, and other
general recreational uses. The sits would also contain amenities
such as a parking lot, rsstrooms, concession stand, storage areas,
picnic ar~a, etc. The proposed layout would maintain a picnic area
in ~he southeast section to prese~ze the oak trees in that area as
well as provide a natural buffer to the adjoining residential
neighborhoods. Ful-t~her, the parking lo~ is designed to ~%e north of
the site to work in tandem with the parking lot for the Barber Street
Spots Complex to the north and to keep traffic off the residential
streets of At!an=is Terrace and Fairfield Lane. We are proposing to
~rovide sporns lighting for the cen~ar field only.
After review and direction by the City Council, sZaff will ~hen
prepare const.~/c%ion estimates which would be used as the basis of
funding. We anticipate requesting matching funds from Indian River
County on the same basis as the Barber Street Spor%s Comp!ex.
RECOM/~ENDED ACTION
Review the proposed conceptual site plan for the 7.3 acre
cf the Barber Street Spor%s ~um~iex.
e~ansic~
City Council Workshop
February 3, 1993
Pmge Four
MOTION by Reid/Oberbeck
I move that we approve item C of the consent
agenda.
VOICE VOTE on r_he motion carried 5-0.
Item D
Discussion took place on ~he proposals submiUted.
MOTION by Oberbeck/Reid
I would ~hat we approve i~em D of ~he consen~
agenda.
ROLL CALL:
Mrs. Coru~n nay
Dr. Holyk aye
Mr. Reid aye
Mayor Poweil aye
Mr. Oberbeck aye
MOTION CARRIED 4-1 (Corum - nay).
item F
The City Manager said the request from United Way
has now been changed to a request from Easter Seals.
MOTION by Oberbeck/Holyk
i would move to approve ~e golf tournamen~ rata
for Sebastian Elementary PTA.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
M_rs. Corum aye
MOTION CARRIED 5-0.
8. WORKSHOP ITEMS
99~0~7/
92.305
Barber Street ~ Complex Expansion [city
Manacer Recommendation dated !/2$/99~ Mosby Sit~
Plan Unde~ ~ Cover]
City Council reviewed ~Se conceptual site plan and
alternative plan presented this evening for the 7.3
acre property adjacent to Barber Street Sports
Complex.
4
Regular city Council Meeting
November 18, 1992
Page Four
92.305
Barber Street Sports Commtex Expansion ~ En~ace
Services of Mosb~v ~ Assoq.~.ates, ~nc. -
PreDaration of Maste~ Plan ~ Manager
Recommendation dated 10/28/.92, Mosby Proposal
dated 10 28~
John Kanfoush, 1437 Seahouse Street, Sebastian,
requested that a basketball court be located at
Barber Street Sports Complex.
The city Manager reported on the proposed expansion
and stated a site plan will be submitted to Planning
and Zoning following approval of the conceptual plan
by City Council, at which time residents will have
opportunity for comment, that a survey of the
property will cost an additional $1750.00, and that
funding will come from County option 'sales tax fund
for park improvements which the city will ask the
county to reimburse in the future.
MOTION by Holyk/Corum
I would move that we approve the proposal by
Mosby and Associates, Inc. of Veto Beach with our
~%anks for their very reasonable price figure for
preparation of our master plan for the Barber Street
Sports Complex expansion as outlined in their letter
dated October 28, 1992 and furTl/er to approve ~%e
amount of $!,750 for the necessary surveys.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Molyk aye
Mr. Reid aye
Mayor Powell absent
MOTION CARRIED 4-0. (Powell absent)
A~rD& HODI~!CtTIONS ~D~ AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
~one.
7. PROCLAMATIONS AND / O,,R ANNOUNCEMENTS
None.
30'1 CAPITAL PROJECTS FUND (CONT'D)
CAPITAL PROJECTS EXPENDITURES
:l
I
SEPTEMBER YEAR TO 1 gg2/g3
.;COUNT DESCRIPTION TO DATE DATE AMN BUOG
5,17 8,20
517 630
5,17 8,4O
517 BUILDINGS
BUILDINGS 21 ,42.032 07,4.06 ,43%
[MPROV. OTHER THAN BLDG 0 1,958 2,000 98%
EQUIPMENT 0 286 304
liii;iiii;:i~O~A b:;::i~:G E N EF,~A E~:' G Q.~;; B ED G S;;,i ~:::;:~:.~;~;:.:.: t iii~;~i~;:.:-:::::.:.; ~;:.:i; ~i:.i/.~::~i~:::::.~:~:~: $2:1:%; !::.~:i::~::+:i:~;;i;: $Z~';'2~ 6~;~;~'!:::;~, ::.:;i!:!;~ $99.~:8;OEi;:ii~ii;.i::iiiiiiiiiiiiii:.'.`4`4~;i
~/08193
630
5,21 POLICE
IMPROVEMENTS i,3,48 13,233 5,0.000 86%
5,24 620
5,2~ COMMUNITY OEVELOPMENT
BUILDINGS
325 31.381 32,200 97%
5,40 630
5,40 640
540 ENGINEERING
IMPROVEMENTS !3,161 49,561 91,000 54%
MACHINERY & EQUIPMENT 0 4.9,000 4.9,000 100%
5,41 ROAD & STREETS
5,41 620 BUILDINGS 0 7,008 6,000 117%
5,41 830 IMPROVEMENTS 2.4.29 3,429 37.500 9%
5,4.1 640 MACHINERY AND EQUIPMENT 0 2.4,28 2.500 97%
5,72 830
575 630
572 PARKS
IMPROVEMENTS (1,4,354) 159, 5,79 165,000 97%
~:~::::::.,,:::,. ....... ~:T,,.'G:.T-..'AE: .,P..ARKS,-: M.P.: ...... ....................... J:,,. ............. ($~1:4.~354);~ ............... $:1:.,,9~.~ ......................... $;.1:65,001~
5,75 RECREATION
IMPROVEMENTS 72,105 1,40,106 180,000 78%
5,81 001
5,81 201
599 ggg
5,81 INTERFUND TRANSFERS
TRANSFER TO GF 001 O 5,000 5,000 100%
TRANSFER TO DEBT SERVICE ¢¢201 . 0 139.400 139,400 100%
~::.::;:;: ........ .].:; , ~. ., : -:.: ................ ~-:..:.::::-: .... ;.: ....... -:. : ~-::. --: ~::.:.~ ......... ~,,r ....b::.-':~:, ~
3~
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:Sebastian Panthers,
Inc. Lease Agreement
Approved for Submittal By:
City ~anager ~/~
Agenda No.
Dept. of Origin Public works
Public Works Dir. ~.¢~
Date Submitted: Nov. 7, 1995
For Agenda of Nov. !5, 1995
Exhibits: Sebastian Panthers,
Inc. Lease Agreement
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY STATESfENT
The attached Lease Agreement for the Sebastian Panthers, Inc.
(football association) for the use of the sports facilities located
at the Barber Street Sports Complex South between July 1st and
December 31st of each year and for the next ten (10) years has been
finalized. The lease has been reviewed and approved by the City
Attorney's office.
RECOMMENDED ACTION
The Department of Public Works recommends that the City Council
move to approve the lease agreement between the City of Sebastian
and the Sebastian Panthers, Inc. for the use of the Barber Street
Sports Complex South between July 1st and December 31st each year
through the year 2005.
LEASE AGB~MENT
THIS LEASE AGREEMENT, made and entered into this day of
~ ~, , 1995, by and between the CITY OF SEBASTIAN, Florida, a
Florida municipal corporation located in Indian River County,
Florida, party of the first part (hereinafter referred to as the
"Landlord"), and the SEBASTIAN PANTHERS, INC., a Florida Not-For-
Profit Corporation, party of the second part(hereinafter referred
to as the "Tenant").
W I T N E S S E T H:
WHEREAS, the Landlord is the owner of certain real property
located in the City of Sebastian, County of Indian River, State of
Florida; and
~HEREAS, the Landlord has agreed to lease such real property
to the Tenant subject to certain terms and conditions; and
WHEREAS, the Tenant desires to lease such real property from
the Landlord.
NOW, THEREFORE, in consideration of the premises, the
covenants, terms and conditions to be performed as set forth
hereinafter, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto have agreed and do agree as
follows:
1. Leased Premises: Subject to the terms and conditions set
forth in this Lease Agree_ment, and for so long as the Tenant shall
continue to operate a football league for the area's youth, the
Landlord leases to the Tenant and the Tenant rents from the
Landlord the certain real property located at the Barber Street
Sports Complex South located in Sebastian, Indian River County,
Page ! of 21
Sebastian Panthers Lease Agreement
Florida, such property of the Landlord being more particularly
described as the football fields 1 and 2; parking areas A and B;
and the concession stand, meeting room, and restrooms in the
prefabricated metal building, and equipment building as identified
on Schedule "A" attached hereto and by this reference incorporated
herein. The aforementioned real property and any improvements
constructed thereon, including buildings and fixtures, shall be
hereinafter referred to as the "Leased Premises" The area
designated "City Storage Area'' on Schedule "A" shall not be a part
of =the Leased Premises, and the City shall retain the rights of
access to such area at all times.
2. ~Lease: This lease shall begin on the date of
execution of this Lease by both parties and end on December 31,
2005 unless earlier terminated or extended as provided herein. When
the Landlord determines it is in the public interest, the Landlord
may at any time terminate this Lease without cause on furnishing to
the Tenant notice in writing twelve (12) months in advance of the
date of termination of the Lease. However, the termination of this
Lease by either party shall not operate to cure any default of any
of the terms and conditions of this Lease by a defaulting party.
The term of this lease may be extended by negotiation between the
TENANT and LANDLORD prior to the beginning of the last year of the
term period ending in 2005. Short term extensions to the term of
the lease for special tournaments may be granted by the City
Council.
3. Rent: The rent to be paid by Tenant to the Landlord for
the Lease Term shall consist of the sum of One Dollar ($1.00). The
parties hereby acknowledge payment by Tenant and receipt by
Landlord of said rent.
4. Additional Rent: The Tenant agrees to pay as rent in
addition to the rent provided for in Paragraph 3 of this Lease
Agreement, any and all sums which may become due by reason of the
failure of the Tenant to comply with all of the covenants, terms
and conditions of this Lease and any and all damages, costs and
expenses, including attorney's fees (both at trial and all
' Page 2 of 21
Sebastian Panthers Lease Agreement
appellate levels) which the Landlord may suffer or incur by reason
of such default, and also any and all damages to the Leased
Premises caused by any act or neglect of the Tenant, or its
assignees or sublettees.
(a) Liability. insuranc.e: From July 1 through Dec. 31
of each year during the Lease Term, the Tenant shall provide and
keep in force at its own expense public liability insurance
coverage with respect to the Leased Premises and 'all improvements
made to the Leased Premises. The insurance coverage to be provided
by the Tenant shall contain limits of not less than $300,000.00 for
injury or death of any one person and $1,000,000.00 for injury or
death for any one accident.
(b) Miscellaneous: Any policy or policies of insurance
required by the Lease shall be issued by one or more insurance
companies authorized to engage in business in the State of Florida
and the Tenant shall supply the Landlord with a certificate of such
insurance with evidence of the payment of the premium thereon. Ali
such policies shall name the Landlord as an additional insured and
shall contain provision for notice to the Landlord not less than
ten 10) days in advance of any cancellation or material change of
such policy or policies. In case of failure of the Tenant to make
premium payment when due, the Landlord may pay the amount of any
such premiums, which amount with interest thereon from the date of
payment by the Landlord shall be due and payable by the Tenant to
the Landlord immediately. Copies of renewal policies for any
insurance required under this Paragraph 5 shall be deposited by the
Tenant with the Landlord at least ten (10) days prior to the
expiration of existing policies, and upon the failure of the Tenant
to do so, the Landlord may immediately purchase, for the account of
Page 3 of 21
Sebastian Panther Lease Agreement
the Tenant, the necessary insurance from any reputable insurance
company without notice to the Tenant, and the Tenant shall
reimburse the Landlord for the cost thereof within ten (10) days
after demand for same by the Landlord. The Tenant shall have the
right to carry the insurance provided for in this Paragraph 5, or
any portions of such insurance under a blanket or comprehensive
all-risk policy.
Use of Leased Premises.:
(a) Exclusive Right of Use: During the Lease Term, from
July 1 through Dec. 31, the Tenant shall have the exclusive right
to use and enjoy the Leased Premises each day of the week provided,
however, that the Tenant will make reasonable arrangements for the
use of the Leased Premises other than the concession standby other
parties when not in use by the Tenant, subject to such terms and
conditions as Tenant may reasonably impose.
(b) Use of Concession Stand: The Tenant agrees that the
concession stand, is to be operated by it on the Leased Premises
will not be operated in such a manner as to constitute a nuisance
or a hazard and that in connection with the operation of such
facility, the Tenant will observe and comply with all applicable
laws, ordinances, orders and regulations prescribed by lawful
authority having jurisdiction over such facility operated in the
Leased Premises. If for any reason the Tenant is unable to obtain,
or once obtained is unable to continue to ho!d, the applicable
governmental licenses or permits allowing it to operate the
concession stand, or if the Tenant shall, for any reason, cease
operating the concession stand, then, the Landlord shall have the
right to retake possession of the concession stand, and to
undertake its operation or, to enter into an agreement with a third
party whereby such third party shall operate the concession stand.
Page 4 of 21
Sebastian Panthers Lease Agreement
Thereafter, the Tenant shall have no further right or interest in
~he concession stand portion of the building.
(c) Use as Recreational Facility: The Tenant agrees that
the Leased Premises shall be used by the Tenant solely as a
recreational facility for its members and guests. The Tenant agrees
that the Leased Premises shall not be used for any other purpose.
(d) Use of Meetina Room During Remainder of Year No~
Co~ered bv Lease Term. The Tenant may have privilege of using the
meeting room during the period outside the lease te_~m providing
that use of the room does not conflict with another organization
which has previously reserved the room for its use.
(e) Possession and Use of Alcohol: The Tenant shall not
permit the possession or use of alcohol on the Leased Premises.
7. ~: The Landlord shall be responsible for
electricity, water, wastewater disposal and stormwater management.
The Tenant shall be responsible for janitoral service and any
other utility or service consumed in connection with the occupancy
of the Leased Premises by the Tenant.
8. Affirmative Covenants of Tenant: The Tenant covenants and
agrees that it will without demand:
(a) Preparation of Fields: Assume responsibility for and
undertake any and all preparations and efforts required to be
performed on the Leased Premises in order that it may be used as
a playing field for the game of football, including, but not by way
of limitation, lining. Furthermore, it shall be the Tenant's
responsibility to furnish all individual equipment necessary to
Page 5 of 21
Sebastian Panthers Lease Agreement
play football provided, however, that the Landlord may, at
Landlord's option, provide Scoreboards and goal posts for each
field.
(b) Waste: Conduct its use of the Leased Premises in
such a manner as not to be a nuisance, and shall not allow any
noxious odors or vapors to be emitted from ~he Leased Premises. Use
of explosives, flammable and/or corrosive agents and other like
materials is not approved unless authorized by the Landlord in
advance. Any cleaning agent apparatus will be installed and vented
to the outside at the Tenant's cost and only if installation is
approved in writing in advance by the Landlord. The Tenant shall
not engage in activities that waste the Leased premises.
(c) ~: Keep the Leased Premises and all
improvements erected thereon in a clean and orderly state,
including, but not by way of limitation, all fields and adjacent
spectator areas, the announcers' stands and scoreboards, the
concession stand, meeting room and the restrooms. Tenant's
obligation to clean shall include the duty to collect and deposit
all trash and garbage into the containers located on the Leased
Premises for this purpose. The Tenant's responsibilities under this
Paragraph 8 (c) shall also include the duty to supply the restrooms
with toilet paper and all other necessary sanitary items. The
Tenant shall permit the Landlord's duly authorized agents to enter
upon the Leased Premises and the buildings and improvements thereon
erected at any reasonable time, and from time to time, for the
purpose of inspecting and appraising the same. The Tenant shall
comply with all reasonable orders, regulations, rules and
requirements of every kind and nature relating to the cleaning or
orderliness of the premises, now or hereafter in effect, of the
federal, state, municipal or other governmental authorities having
power to enact, adopt, impose or require the same, whether they be
Page 6 of 21
sebastian Panthers Lease Agreement
usual or unusual, ordinary or extraordinary, or to changes or
requirements incident thereto, or as the result of any use or
occupation thereof or otherwise, and the Tenant shall pay all costs
and expenses incidental to such compliance, and shall defend,
indemnify and save harmless the Landlord from all expense, and
damages by reason of any notices, orders, violations or penalties
filed against or imposed upon the Leased Premises or against the
Landlord as owner thereof, because of the failure of the Tenant to
comply with this covenant.
In ~e event of the failure of the Tenant promptly to perform the
covenants of this Paragraph 8 (c), the Landlord may go upon the
Leased Premises and perform such covenants, the cost thereof, at
the sole option of the Landlord, to be charged to the Tenant as
additional and delinquent rent.
(d) Improvements: The Tenant shall not cause any
improvements to be made to the Leased Premises without the advance
written consent of the Landlord. Provided, however, that this
provision shall not be deemed to prevent the Tenant from performing
or arranging for the performance of any of its duties or exercising
any of its rights under Paragraph 8. Unless otherwise agreed in
writing between the parties hereto, all costs of any improvements
shall be borne by the Tenant. Ail improvements made on the Lease
Premises, including the construction of buildings and installation
of fixtures, shall become the property of the Landlord upon their
construction or installation, but shall be deemed part of the
Leased Premises for purposes of this Lease Agreement.
(e) ~: The Tenant shall not erect or maintain any
sign or signs on the Leased Premises of a commercial or private
advertising nature.
Page 7 of 21
Sebastian Panthers Lease Agreement
(f) ~l~: Keep locked the announcers' stands and the
concession stand and restroom building, including related storage
areas, when such premises are not being used by the Tenant.
(g) ~D~: Comply with any requirements of any of
the constituted public authorities, and with the terms of any state
or federal statute or local ordinance or regulation applicable to
the Tenant or its use of the Leased Premises, and save the Landlord
harmless from penalties, fines, costs or damages resulting from
failure so to do.
(h) Fire: Use every reasonable precaution against fire.
(i) Rules and Reculations: Comply with reasonable rules
and regulations of the Landlord promulgated as hereinafter
provided.
(j) Surrender of Leased Premises: Upon the expiration or
other termination of this Lease, for any reason whatsoever,
surrender to the Landlord the Leased Premises together with the
buildings and improvements thereon erected or standing thereon and
the building equipment then upon the Leased Premises, together with
all alterations and replacements thereon, in good order, condition
and repair, except for reasonable wear and use thereof, and except
for such damage by any taking by condemnation or exercise of the
right of eminent domain. The Tenant further agrees to promptly
deliver to the Landlord at its office all keys for the Leased
Premises.
(k) Notice of Casualty and Meed for Remair: Give to the
Landlord prompt written notice of any accident, fire, or damage
occurring on or to the Leased Premises. Give to the Landlord
prompt written notice of any condition of the Leased Premises
Page 8 of 21
Sebastian Panthers Lease Agreement
requiring repair or maintenance which tke Landlord has agreed
take responsibility for under Paragraph !0.
(1) ~Q_~Q~: If the Tenant shall vacate or decide at
any time during the Lease Term to vacate the Leased Premises prior
tc the expiration of this Lease Term, or any extension of the
Lease, or if the Tenant shall ceaSe for any period to be a not-for-
profit corporation, or to utilize the Leased Premises as a
recreation facility, this Lease shall immediately terminate without
thq necessity of any legal proceeding or other action on the part
of t~e Landlord, and all right, title and interest in the leasehold
created by this Lease shall revert and revest in the Landlord
i~L~LLediately and automatically.
9. Negative Covenants of Tenant: the Tenant covenants and
agrees that it will do none of the following things without the
consent in writing of the Landlord first had and obtained:
(a) Use: Occupy the Leased Premises in any other manner
or for any other purpose than as above set forth.
(b) Assignment. etc~.: Assign this Lease or hypothecate
or mortgage the same or sublet the Leased Premises or any part
hereof. Any assignment, transfer, hypothecation, mortgaging or
subletting without the written consent of the Landlord shall be
void ab initio.
(c) Alterations and Improvements: Make any structural
alterations, improvements, or additions to the Leased Premises,
except as provided herein. All structural alterations, additions
and improvements (except trade fixtures, furniture and equipment
other than building equipment) which may be made or installed by
the Tenant upon the Leased Premises shall upon the making or
Page 9 of 21
Sebastian Panthers Lease Agreement
installation thereof be and become a part of the Leased Premises
and shall remain upon and be surrendered with the Leased Premises
as a Dart thereof az the termination of this Lease, unless the
Landlord shall, prior to the termination of this Lease, have given
written notice to the Tenant to remove the same in which event the
Tenant will remove such alterations, improvements, and additions
and restore the Leased Premises to the same good order and
condition in which they now are. Should the Tenant fail so to do,
collecting, at the Landlord's option, the cost and expense thereof
from'the Tenant as additional rent.
(d) ~l~: Use or operate any machinery that, in
the Landlord's opinion, is harmful to the Leased Premises or the
buildings of which the Leased Premises is a part.
(e) ~j~: Place any weights in any portion of the
Leased Premises beyond the safe carrying capacity of the structure.
(f) ~: Vacate or desert the Leased Premises
during the Lease Term, or permit the same to be empty and
unoccupied without the permission of the Landlord.
(g) Recordation: Record this Lease. If the Tenant
violates this covenant, the Tenant hereby irrevocably authorizes,
empowers and designates the Landlord as its lawful attorney for the
purpose of having said Lease marked satisfied of record.
(h) Encumbrances/Liens: Allow any mortgage, lien or
other encumbrance or security interest to be created against or
attached to the Leased Pr~mises or any building or fixture located
thereon.
Page 10 of 21
Sebastian Panthers Lease Agreement
10. Oblications of Landlord: The Landlord covenants and
agrees that it will without demand:
(a) Maintenance and Remair: Keep the Leased Premises and
all improvements erected thereon in good condition and repair,
including the exterior and interior structures, the roof, all
plumbing, heating and electrical systems, the field !ighzing, score
boards, fencing, and announcers' stands. In addition, the Landlord
agrees to keep in good condition and repair all common areas of the
Leased Premises, including the parking lot, spectator areas and
bleachers. The Landlord further agrees to maintain, all grass areas
of the Leased Premises, which duty shall include mowing,
fertilizing, and operating an irrigation system. Provided, however,
the Landlord shall have no obligation to repair any damage caused
by Tenant or Tenant's members, guests, invitees, or agents.
(b) Trash Removal: Remove from the Leased Premises all
trash and garbage collected by the Tenant pursuant to its
obligation under Paragraph 8 (c).
11. Landlord's Richts: The Tenant covenants and agrees that
the Landlord shall have the right to do the following things and
matters in and about the Leased Premises:
(a) T~D_~fJ--~: At all reasonable times by its duly
authorized agent to go upon and inspect the Leased Premises and
every part thereof, and/or at its option to make repairs,
alterations and additions to the Leased Premises.
(b) Use of Leased Premises: Use the Leased Premises for
any purpose from January 1 through June 30th each year, provided,
however, that during this period the Tenant is relieved of
performing its obligations under Paragraph 8.
Page 11 of 21
Sebastian Panthers Lease Agreement
12. Responsibi!i~.of Tenant: The Landlord shall not in any
event be responsible, and the Tenant hereby specifically assumes
responsibility for any personal or bodily injury or death of any
persons (including employees of the Tenant and the Landlord) and
damage, destruction, or loss of use of any property, including the
Leased Premises (except as specifically provided otherwise herein)
occasioned by an event happening on or about the Leased Premises
during the period of time the Tenant has the exclusive right to use
an~ enjoy the Leased Premises as set forth in Paragraph 6 (a),
exc~p~ if same results from the negligence of the Landlord, its
agents, servants, or employees or from natural disasters or acts of
God. The Tenant shall defend, indemnify and hold harmless the
Landlord from and against any and all claims, demands, suits,
damages, liability and costs (including attorney's fees and
expenses) arising out of or in any manner connected with any act or
omission, negligent or otherwise of the Tenant, third persons, or
any of their agents, servants or employees which arise out of or
are in any way connected with the maintenance, use, operation, or
occupation of the Leased Premises during the period of time the
Tenant has the exclusive right to use and enjoy the Leased Premises
as set forth in Paragraph 6 (a), unless due to the negligence of
the Landlord, its agents, servants or employees or natural
disasters or acts of God.
The Landlord shall promptly notify the Tenant of any claim
asserted against the Landlord on account of any such injury or
claimed injury to persons and property and shall promptly deliver
to the Tenant the original or a true copy of any summons or other
process, pleading or notice issued in any suit or other proceeding
to assert or enforce any such claim. The Tenant shall have the
right to defend any such suit with attorneys of its own selection
and the Landlord shall have the right, if it sees fit, to
Page 12 of 21
Sebastian Panthers Lease Agreement
participate in such defense, it is further covenanted and agreed by
the parties hereto that in.no case shall the Landlord be liable
under any expressed or implied covenant of this Lease for any
damages whatsoever to the Tenant accruing after any act or breach
of covenant for which damages may be sought to be recovered against
the Landlord.
The Tenant shall defend, inderanify and hold harmless the
Landlord from claims, demands, suits, liability for damages for
pe[sonal or bodily injury or death of any persons or damage or
destruction of any property (including loss of use thereof) caused
by or in any manner arising out of any breach, violation or
nonperformance by the Tenant of any covenant, term or provision of
this Lease. The Tenant shall promptly repair any damage to the
premises caused by Tenant or Tenant's members, guests, agents, or
invitees.
13. Damaqe ao Leased Premises: In the event the Leased
Premises are damaged by fire or other casualty not occurring
through the fault or negligence of the Tenant or those employed or
acting for it, the parties hereto agree as follows:
(a) The Landlord shall be obligated to restore the
Leased Premises if the insurance proceeds payable to the Landlord
due to damage caused by fire or other casualty is sufficient to
cover the costs of restoring the Leased Premises to their original
condition.
(b) In the event insurance proceeds payable to the
Landlord are insufficient to cover the costs of restoring the
Leased Premises to their original condition the Landlord may, at
its option terminate the Lease.
Page 13 of 21
Sebastian Panthers Lease Agreement
(c) In the event the Landlord undertakes to restore the
Leased Premises pursuant to subparagraph 13 (a) above, and as a
result of the damage to the Leased Premises are rendered
untenantable, the lease Term shall be extended for a period of time
equal to the period of time the Leased Premises remain
untenantable.
(d) The Landlord has let the Leased Premises in their
present condition and without any representations on the part of
th~ Landlord, its officers, employees, servants and/or agents. The
Tenant hereby acknowledges that it has inspected the Leased
Premises prior to executing this Lease and that it finds the Leased
Premises to be in satisfactory condition.
14. Miscellaneous Acreements and Conditions:
(a) -~~: The failure of either party to insist
upon strict performance of any of the covenants or conditions to
the Lease, or to exercise any option herein conferred in any one or
more instances, shall not be construed as a waiver or
relinquishment for the future of any such covenants or conditions
of this Lease or option, but the same shall be and remain in full
force and effect.
(b) Accord and Satisfaction: No payment by the Tenant or
receipt by the Landlord of a lesser amount than the rents herein
stipulated shall be deemed to be other than on account of the
earliest stipulated rent, nor shall any endorsement of statement on
any check or any letter accompanying any check or payment as rent
be deemed an accord and satisfaction, and the Landlord may accept
such check or payment without prejudice to the Landlord's right to
recover the balance of such rent or pursue any other remedy herein.
Page 14 of 21
Sebastian Panthers Lease Agreement
15. Remedies of Landlord: If the Tenant:
(a) Does not pay in full when due any and al! of the
rent and/or any other charge or payment herein reserved, included,
or agreed to be treated or collected as rent and/or any other
charge, expense, or cost herein agreed to be paid to the Landlord;
or
(b) Violates or fails to perform or otherwise breaks any
covenant or agreement herein contained; or
(c) Vacates the Leased Premises or removes or attempts
to remove or manifests an intention to remove any goods or property
therefrom otherwise than in the ordinary and usual course of
business without having first paid and satisfied the Landlord in
full for all rent and other charges then due or that may thereafter
become due until the expiration of the then current term:
Then and in any of said events, there shall be deemed to be a
breach of this Lease, and thereupon the Landlord shall have the
following rights:
(1) To re-enter the Leased Premises and remove all
persons and all or any property therefrom, either by
summary dispossession proceedings or by any suitable
action or proceeding at law, and repossess and enjoy
the Leased Premises, together with all alterations,
fixtures, signs and other installations of the Tenant.
Upon recovering possession of the Leased Premises by
reason of or based upon or arising out of a default on
the part of the Tenant this Lease shall terminate.
(2) To terminate this Lease and the term hereby created
without any right on the part of the Tenant to waive the
Page 15 of 21
Sebastian Panthers Lease Agreement
forfeiture by payment of any sum due or by other
performance of any condition, term or covenant broken.
Whereupon the Landlord shall be entitled to recover, any
and all sums due for rent, including additions to rents
and damages for violation of the Tenant's obligations
hereunder in existence at the time of such termination.
16. Right of Injunctive Relief: In the event of a breach or
threatened breach by either party of any of the covenants or
prayisions hereof, the non-breaching party shall have the right of
injunction and the right to invoke any remedy allowed at law or in
equity as if re-entry, sm~ry proceedings and other remedies were
not herein provided for.
17. Rights Not Exclusive: No right or remedy herein conferred
upon or reserved to either party is intended to be exclusive of any
other right or remedy herein or by law provided but each shall be
cumulative and in addition to every other right or remedy given
herein or now or hereafter existing at law or in equity or by
statute.
18. Right of Assignee of Landlo=d: The right to pursue the
remedies herein provided against the Tenant and to enforce all of
the other provisions of this Lease may, at the option of any
assignee of this Lease, be exercised by any assignee of the
Landlord's right, title and interest in this Lease in its own name,
any statute, rule of court, custom, or practice to the contrary
notwithstanding.
19. Remedies Cumulative: Ail of the remedies hereinbefore
given to either party and all rights and remedies given to them by
law and equity shall be cumulative and concurrent. No termination
of this Lease or the taking or recovering the Leased Premises shall
Page 16 of 21
Sebastian Panthers Lease Agreement
deprive the Landlord of any of its remedies or actions against the
Tenant for rent or sums due as if there has been no termination;
nor shall the bringing of any action for rent or breach of
covenant, or the resort to any other remedy herein provided for the
recovery of rent be construed as a waiver of the right to obtain
possession of the premises.
20. Eminent Domain:
(a) if all or any part of the Leased Premises shall be
taken under a power of eminent domain, the compensation or proceeds
awarded for the taking of the land, the building(s) and/or
improvements on the Leased Premises shall belong to the Landlord.
Provided, however, that the Tenant shall be entitled to receive the
compensation or proceeds awarded for the taking of the leasehold
interest resulting from the institution of eminent domain
proceedings. Nothing herein shall prevent the Landlord from seeking
any and all damages sustained from the condemning authority by
reason of the exercise of the power of eminent domain.
(b) In the event the condemnation or taking is to such
an extent that it is impracticable for the Tenant to continue its
operations on the Leased Premises, this Lease shall terminate.
21. Identity of Interest: The execution of this Lease or the
performance of any act pursuant to the provisions hereof shall not
be deemed or construed to have the effect of creating between the
Landlord and the Tenant the re!aZionship of principal and agent or
of a partnership or of a joint venture and the relationship between
them shall be and remain only that of a Landlord and a Tenant.
22. Notices and Re~orts: Any notice, report, statement,
approval, consent, designation, demand or request to be given and
Page 17 of 21
Sebastian Panthers Lease Agreement
any option or election to be exercised by a party under the
provisions of this Lease shall be effective only when made in
writing and delivered (or mailed by registered or certified mail
with postage prepaid) to the other party at the address given
below:
City of Sebastian
Attention: City Manager
1225 Main Street
Sebastian, F1 32958
Sebastian Panthers, Inc.
Attention: Guy Tibbets, President
116 LaPlaya Lane
Sebastian, F1 32958
provided, however, that either party may designate a different
address from time to time by giving to the other party notice in
writing of the change. Rental payments to the Landlord shall be
made by the Tenant at the address listed above.
23. Nondiscrimination: The Tenant for itself, its personal
representatives, successors in interest and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant
running with the land that (i) no person on the grounds of
religion, gender, age, race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be
otherwise subject to discrimination in the use of the Tenant's
facilities; (ii)'that in the construction of any improvements on,
over or under the Leased Premises and the furnishing of services
thereon, no person on the grounds of religion, gender, age, race,
color or national origin shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to
Page 18 of 21
Sebastian Panthers Lease Agreement
discrimination. This provision is not intended to modify or
preclude the Tenant from enforcing any of iss rules or regulations
concerning age requiremenZs or !imitations with respect to
participation in its programs.
24. ~'~~: The Landlord warrants that the Landlord has
full power to execute this Lease and that it will warrant and
defend the leasehold interest created hereby against all parties
whomsoever and that the Tenant, upon observing and complying with
thq terms, covenants and conditions of this Lease shall enjoy ~he
use ~nd occupancy of the Leased Premises during the Lease Term.
25. Headincs No Part of LeasE: Any headings preceding the
text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Lease nor shall they affect its meaning,
construction or effect.
26. Severabiiit~: If a provision of this Lease Agreement is
held invalid, it is hereby agreed that al! valid provisions that
are severable from the invalid provision remain in effect. If a
provision in this Lease Agreement is held invalid in one or more of
its applications, the provision remains in effect in all
applications.
27. Lease Contains Ail A~reements: It is expressly understood
and agreed by and between the parties hereto that this Lease,
including the Exhibit, sets forth all the promises, agreements, and
conditions or understandings between the Landlord and the Tenant
relative to the Leased Premises, and that there are no promises,
agreements, conditions or understandings, either oral or written,
between them other than are herein set forth. It is further
understood and agreed that, except as herein otherwise provided, no
Page 19 of 21
Sebastian Panthers Lease Agreement
subsequent alteration, amendment, change or addition to this Lease
shall be binding upon the Landlord or the Tenant unless reduced to
writing and signed by them.
28. Heirs and Assiqnees: Ail rights and liabilities herein
given to, or imposed upon, the respective parties hereto shall
extend to and bind the several and respective heirs, executors,
administrators, successors and assigns of said parties; and if
there shall be more than one Tenant, they shall all be bound
jo~D~ly and severally by the terms, covenants and agreements
herein, and the word "Tenant" shall be deemed and taken to mean
each and every person or party mentioned as a Tenant herein, be the
same one or more; and if there shall be more than one Tenant, any
notice required or permitted by the terms of this Lease may be
given by or to any one thereof, and shall have the same force and
effect as if given by or to all thereof. The words "his" and "him"
or "its" wherever stated herein, shall be deemed to refer to the
"Landlord" or the "Tenant" whether such Landlord or Tenant be
singular or plural and irrespective of gender. No rights, however,
shall inure to the benefit of any assignee of the Tenant unless the
assignment to such assignee has been approved by the Landlord in
writing as aforesaid.
29. Tenant Forbidden to Encumber Leased Premises: It is
expressly agreed and understood between the parties hereto that
nothing in this Lease Agreement shall ever be construed as
empowering the Tenant to encumber or cause to be encumbered the
Leased Premises in any manner whatsoever. In the event that
regardless of this prohibition any person furnishing or claiming to
have furnished labor and materials at the request of the Tenant, or
any person claiming by, through or under the Tenant, shall file a
lien against the Leased Premises, Tenant shall, within thirty (30)
days after being notified thereof, cause such lien to be satisfied
Page 20 of 21
Sebastian Panthers Lease Agreement
of record or cause the Leased Premises to be released therefrom by
~he posting of a bond or other security as prescribed by law, or
shall cause same to be discharged as a lien against the Leased
Premises by an order of a court having jurisdiction to discharge
such lien. In the event the lien is not discharged as required
above, Landlord may advance funds necessary to discharge the lien
and recover any amounts so paid from Tenant.
IN WITNESS WHEREOF, the parties hereto have set their hands
an~ seals the day and year first above written.
Attest:
CITY OF SEBASTIAN
Kathryn M. O'Halloran,
CMC/AAE
City Clerk
By~
Arthur Firtion, Mayor
(SEAL)
Approved as to form
and content:
City Attorney
Attest:
SEBASTIAN PANTHERS, INC.
Corporate Secretary
Guy Tibbets, President
(corporate seal)
Page 21 of 21
Sebastian Panthers Lease Agreement
City of Sebastian
i 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 15, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 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-95-33)
1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
No one was available for the Invocation.
City. Council Present:
Mayor Arthur L. Fin-ion
Vice Mayor Carolyn Cormn
Mrs. Louise Cartwright
M. rs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McCletland, Jr.
City Clerk, KatluTn O'Halloran
Secretary, Linda Galley
Regular City Council Meeting
November 15, 1995
Page Two
AGENDA MODIFICATIONS (ADDITIONS. AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
Mayor Fin-ion announced an addendum to the agenda "Sovereign
Submerged Lands Easements" to be placed under New Business - Item F.
MOTION by Comn~Cartwright
Mr. Koford asked that we add an agenda item to the agenda under 13
New Business - Item F., Agenda Item No. 95.212 titled Sovereign
Submerged Land Easements.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartr/ght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CAR~ED 5-0
95.196
95.197
95.198
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Plaque - Gregory. Gore.- Police Retirement Board of. Trustees -
October 1989 through October.. 1995
Mayor Firtion presented a plaque to Gregory Gore.
B. Plaque - Howard Goldstein - Pli~nning~and Zoning Commission .-
September 1992 through October 1995
Mayor Firtion presented a plaque to Howard Goldstein.
C. Proclamation, Neighborhood Cleanup Day - 12/9/95 - Sebastian
Woman's Club - Alice Russell Accepting
2
Regular City Council Meeting
November 15, 1995
Page Three
Mayor Firtion read and presented the proclamation to Alice Russell,
Sebastian Woman's Club.
7. PUBLIC HEARING. FINAL ACTION
The normal order of business for public hearings (t~-95-33) 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 City
Council.
95.043
me
ORDINANCE NO. 0-95-27 - Amending Occupational License Fees
for Manicurists and Cosmetologists (City Clerk Transmittal 11/3/95,
0-95-27)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II,
SECTIONS 30-51 (11) AND 30-51 (12) OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/25/95,
Advertised 10/30/95, PH and Adoption 11/15/95)
Mayor Firrion opened the public hearing at 7:10 p.m. and the City Attorney
read Ordinance No. 0-95-27 by title only.
Mr. Koford made a brief presentation for the benefit of all.
Being no public input, the Mayor closed that part of the meeting at 7:12
p.m.
Regular City Council Meeting
November 15, 1995
Page Four
MOTION by Cartwfight/Halloran
Move to adopt OrdNance 95-27.
ROLL CALL:
MOTION CARRIED 5-O
Mrs. Camvfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Fin/on - aye
Vice Mayor Corum - aye
8. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules - Attorney Reads Ordinance or
Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - I5 Minutes
Inquiry of Applicant
Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or
MoPe
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or 10 3~[inutes if Representing 5 or
More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff lnquiry
Regular City Council Meeting
November 15, 1995
Page Five
95.199 A.
RESOLUTION NO. R-.97-63 - Acceptance of Minor Subdivision
Plat for Fischer Industrial Park (Community Development
Transmittal 11/8/95, R-95o63, Application, Plat Under Separate
Cover, LDC Sections, P & Z Memo 10/20/95, Masteller Letter
11/~95, Williams Memo 11/8/95)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR
SUBDMSION PLAT; ACCEPTiNG THE MINOR SUBDIVISION PLAT OF
FISCHER INDUSTRIAL PARK, CONSISTiNG OF 4.53 ACRES, MORE OR
LESS, LYING iN SECTION 20, TOWNSHIP 3 1 SOUTH, RANGE 39 EAST,
CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA;
AUTHORIZiNG 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 7:15 p.m.; the City
Attorney read Resolution No. R-95-63 by title only and the City Clerk
swore in all those who intended to offer testimony.
Ex-parte communication: Vice Mayor Corum stated she had spoken to the
City Manager about this item. Mr. Koford noted that he had handed out a
continuance of Page 20 in agenda. Memo dated November 9, 1995 from
Timothy M. Williams, Esquire to Jan King pertaining to Fischer Industrial
Subdivision. (Memo attached)
Applicant Presentation: Randy Mosby, representing the applicant,
explained the reason for this Minor Subdivision request and stated he is
present to answer any questions. The City Attorney asked Mr. Mosby to
confmu that the property is owned by Henry A Fischer that is included in
the deed submitted in the agenda package. Mr. Mosby did so. Mr. Mosby
spoke to enu~ance road, when platted will become public fight-of-way.
Regular City Council Meeting
November 15, 1995
Page Six
The City Attorney made the suggestion that the adoption of this resolution
and the recording be conditioned on the execution of the deed.
The Mayor closed the public information portion of the hearing at 7:20 p.m.
MOTION by Corum/Cartwright
I move Council adopts Resolution R-95-63 based on the condition of
having on record the execution of the deed on Page 21, circle, of the agenda
package.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran ~ aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwfight - aye
MOTION CARRIED 5-0
95.098
9. CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
Approval of Minutes - 10/25/95 Regular Meeting, 11/1/95
Workshop, 1 I/1/95 Regular Meeting
Craven Thompson & Associates, Inc. - Supplemental Agreement
No. 6 - Conceptual Stormwater Management Master Plan (City
Manager Transmittal 11/6/95, Supplemental Agreement)
Regular City Council Meeting
November 15, 1995
Page Seven
95.188 C.
9~.2~0/
94.249
Bid and Contract Award - Sod Delivery and Installation - March 2,
1996 through March 2, 1997 - R & R Turf Farms - Postponed from
10/25/95 to 11/1/95 - Placed on 11/15/95 by Request of Staff(Public
Works Director Transmittal 1 I/7/95, Bid and Contract Documents,
R & R Turf Letter 10/16/95)
Approve One-Year Extension of Annual Contracts for General
Materials - Henry Fischer & Sons (General Fill and Road
Stabilization) and L.I. Tree Service (Yellow Sand and Coquina
Rock) (Public Works Director Transmittal 11/7/95, 12/21/95
Minutes Excerpt, LI Tree and Fischer Letters, 1994 Bid Documents,
Tabulation and Agenda Transmittal)
The City Manager read the consent agenda items. Items B and D
were removed from the agenda at the request of the ~vtrs. Cartwfight.
MOTION by Cartwright/Halloran
I move to approve Items A and C of the Consent Agenda.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0.
Discussion by h/Rs. Cartwright. She asked if the City Attorney had
reviewed this item and he replied that he would like to review this item and
bring it back at the next meeting (December 6, 1995).
MOTION by Cartwright/Corum
I move to table Item B until our next meeting which is December 6,
1995.
Regular City Council Meeting
November 15, 1995
Page Eight
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
MOTION CARRIED 5-0.
~ aye
- aye
- aye
- aye
Mayor Firtion recognized Mr. Harry Thomas who questioned contracts and
contractors and Sal Neglia who suggested this item should be bid.
Mrs. Cartwright suggested that perhaps this item should be rebid. She
questioned if the Council would be free to rebid this project.
The City Attorney stated that it was his understanding this item was an
annual bid and yes the council may rebid, and preferred to look at all the
documents before he replied any further.
Discussion followed relating to renewal and/or rebid.
MOTION by Damp/Halloran
I move that we recommend that the City Council move to renew the
annual contract for general fill and road stabilization material as supplied
by Henry Fischer and Sons and for yellow sand and coquina rock for
roadway base course as supplied by L.I. Tree Service, Inc., for the period of
December 21, 1995 to December 20, 1996.
ROLL CALL:
Vice Mayor Corum - nay
Mrs. Cartwright - nay
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 3 - 2 (Corum & Cartwright - nay)
Regular City Council Meeting
November 15, 1995
Page Nine
10. PRESENTATIONS
95.201 A.
Thomas C. Fritz - Indian River County. Council on A~ng -
Community Coach Public Transnortation Update (Fritz Letter)
Ms. Carol Johnson, Community Relations Director spoke and introduced
Mr. Thomas C. Fritz, Transportation Director. New schedules were
distributed to the Council and it was also noted that an additional day was
added to the schedule, also a pro,dsion to enable the people of Sebastian
transportation to the airport or the shopping areas; among other
accomplishments of the last four years. They also requested suggestions on
how the area could be better served.
TAPE I - SIDE II (7:50 p.m.)
95.202 B.
James D. Chastain - Manager of Assessment Projects - Indian River
Countv~-Expedited Temporary. Water Service and Participation in
Future Assessment Pro,am (City. Clerk Transmittal 11/6/95_
James Chastain gave a concise presentation to the City Council relating to
water service extension within the City.
The City Attorney felt that this is an agreement that the County should be a
party to. He stated that there are items that should be worked out. Mr.
Chastain stated that the County Attorney would confer with the City
Attorney. The City Attorney suggested to Council that tiffs item be tabled
until something could be worked out with the County.
MOTION by Corum/Cam~ght
I move that we table agenda item 95.202 until December 6.
Regular City Council Meeting
November 15, 1995
Page Ten
ROLL CALL:
Mrs. Cartwn'ght - aye
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - nay
Vice Mayor Corum - nay
MOTION FAILED 2 - 3 (Damp, Firtion, Corum - nay)
The City Attorney reiterated his recommendation that the City not approve
this agreement as stated. He suggested the Council authorize the County to
enter into these agreements with the consent of the City and the Council
authorize after the language is revised, that the City Manager be authorized
to execute a consent on behalf of the City to the entry of these three
agreement with the County.
MOTION by Cartwfight~amp
I'll so move.
The City Attorney again stated that his suggestion to the Council that the
agreement that is before the Council at tiffs time - that Indian River County
and the owners enter into that agreement and it should reflect that
indication with the City of Sebastian consenting to the County to enter into
the agreement.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0.
The City Manager asked for a point of clarification. He asked if he would
be authorized to execute on behalf of the City or if each agreement would
be presented to the Council.
10
Regular City Council Meeting
November 15, 1995
Page Eleven
95.203
11.
The form will be revised and at that time it will come before the City
Council to decide if they should be executed as a matter of course or
whether they shall be approved on an individual basis.
1. Agreement - City of Sebastian and MGB Construction, Inc.
Agreement - City of Sebastian and David R. & Bambi L.
Simigran
Agreement Between City of Sebastian and Jean and Herbert
Simigran
COMMITTEE REPORTS/RECOMMENDATiONS
PLANNING AND ZONING COMMISSION - [nte~ew and
Appoint Members (Community Development Transmittal 11/7/95,
Applications, P & Z Memo 11/3/95, Sec. 10 ofR-94-51)
Interview and Appoint to Regular Member Position - Three
year Term to Expire 11/98 - Board Recommend~
Reitppointment of Herbert Munsart
The City Council chose not to interview the applicants as they had been
when they first applied.
MOTION by Damp/Cartwright
I move to reappoint Mr. Munsart to a three year full term to expire
November 1998.
ROLL CALL:
Mr. Halloran - aye
Mayor Firfion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CAR2LIED 5-0.
11
Regular City Council Meeting
November 15, 1995
Page Twelve
95.204 2.
Interview and Appoint to Unexpired Regular Member
Position ~ Vacated by Howard Goldstein - Term to Expire
4/96 - Board Recommends Appointment of Jean Brantmever
MOTION by Cartwright/Halloran
I move to appoint Jean Brantmeyer to fill the position of regular
member term to expire April 1996.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION C~D 5-0.
95.205
Interview and Appoint to Alternate Member Position - Three
Year Term to Expire 11/98, Bgard Reco. mmends Reappoint Shirley
Kilkellv
MOTION by Damp/Cartwfight
I move that reappoint Shirley Kilkelly to an alternate position
expiring November 1998.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwri~t - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion ~ aye
MOTION CARRIED 5-0.
Regular City Council Meeting
12
November 15, 1995
Page Thirteen
95.206 4.
With Concurrence of Ciw__._Attorne_-~ Intervi.'ew and Appoint
Alternate to Replace Jean Brantmeyer -Unexpired Term to
Expire 1/96 ~ Board Recommends Robert..Pli~ka
MOTION by Cartwright/Damp
I move to appoint Robert Pliska to the Alternate Position, unexpired
term to expire January, 1996.
ROLL CALL
Mrs. Cammght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Fhrion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0.
12.
Mayor Firtion stated that on December 2nd a planning and zoning expert
will be in the City Council Chamber for a seminar for all of the planning
and zoning board members. It will commence at 8:00 a.m. and he
encourages anyone from the public to participate.
OLD BUSINESS
95.056/
94.220
Ao
RESOLUTION NO. R-95-6~ - ISS Golf Course Maintenance
Contract Rev/sion - Tabled From 10/25/95 (City Manager
Transmittal 10/19/95, R-95-62, Original Contract w/Revised Pages
2 & 3) - Motion Required to Remove from Table
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE SEPTEIvlBER 16, 1994
CONTRACT BETWEEN THE CITY OF SEBASTIAN AND ISS
LANDSCAPE MANAGEMENT SERVICES, INC.; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
13
Regular City Council Meeting
November 15, 1995
Page Fourteen
MOTION by Cartwhght/Damp
I move to remove this from the table.
95.179
VOICE VOTE CARRIED 5-0.
The City Attorney read Resolution No. R-95-62 by title only.
MOTION by Corian/Damp
I move to remove Resolution No. R-95-62 from the agenda.
ROLL CALL:
Mr. Halloran - aye
Mayor Fhxion - aye
Vice Mayor Firtion - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0.
The Mayor noted that there were a number of people signed up to be heard
on item A but due to the fact the item was withdrawn there was no need to
hear them at this time.
Consider Golf Course Equigment Replacement Pro,am for Current
Budget Year (City Manager Transmittal 1 l/6/95'}
Mr. Koford explained the reason for this item and the purchase of new
equipment for the golf course. He noted that the continuation of repairs to
the existing equipment, as opposed to replacement, with new or better used
equipment can not be justified. If this is not accomplished at the end of the
five year maintenance contract the golf course would not have the minimum
required equipment.
Mayor Firfion recognized Frank Oberbeck. Mr. Koford noted that $75,000
was put into the golf course fund to balance the budget. With this Mr.
Oberbeck questioned whether the public was being over taxed to generate
an enterprise fund. Mr. Koford spoke to the subject of the bond covenant.
14
Regular City Council Meeting
November 15, 1995
Page Fifteen
There was a great deal of discussion relating to the contract, repair,
replacement of equipment.
Vice Mayor Corum and Mrs. CatTwright suggested this item be rebid.
TAPE II - SIDE I (8:45 P.M.)
MOTION by Damp/Corum
I want to move to authorize the staff to proceed with the recommend
equipment replacement program for the current budget year.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - nay
Ma's. Cartwhght - nay
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 3-2 (Corum, Carmrdght - nay)
City Council recessed at 8:45 p.m. and resumed at 9:00 p.m. All members
were present.
95.028
RESOLUTION NO. R-95-24 - Native Tree List - Tabled From
10/25/95 for Recommendation from Tree Advisory Board
(Community Development Transmittal 11/7/95, R-95-24)
Motion Required to Remove frorn Table
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIA_N RIVER
COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TI~ES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Camm-ight/Halloran
I move that we remove Resolution R-95-24 from the table.
VOICE VOTE CARRIED 5-0.
15
Regular City Council Meeting
November 15, 1995
Page Sixteen
The City Attorney read the Resolution by title only.
MOTION by Cartwright/Corum
I move to adopt Resolution 95~24.
Vice Mayor Corum noted that a memo was presented to the Council this
evening presenting a page that was omitted from the agenda package.
She noted that this was a list of trees to be added to the home owners
packages. Mrs. Corum requested that her second be amended to state: to
include the list of trees native to Florida but not Indian River County likely
to adapt to Indian Pdver County, temperate trees native to north Flor/da not
well suited to Indian River County and trees native to south Florida not well
suited to Indian River County. Also the deletion of the Royal Palm Tree
(Roystonea Elata).
Mrs. Cartwright and Vice Mayor Corum both withdrew the motion and the
second due to discussion.
MOTION by Canwright/Corum
I move to adopt Resolution 95-24.
ROLL CALL
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5~0.
16
Regular City Council Meeting
November 15, 1995
Page Seventeen
MOTION by Corum/Damp
on the recommendation of the City's Tree Advisory Board - add to
the tree homeowners package 3 lists: 1. Trees native to Florida but not
Indian River County likely to adapt to Indian River County conditions. 2.
Temperate trees native to north Flor/da not well suited to Indian River
County. 3. Trees native to south Florida not well suited to Indian River
County.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Fin/on - aye
Vice Mayor Corum - aye
Mrs. Cartwfight - aye
MOTION CAR.RIED 5~0.
95.041
Greiner and Associates - Supplemental A~eement//2 - ?ostooned
from 10/25/95 Agenda to 11/1/95 and then Tabled to 11/15/95
Agenda (Ci .tyManager Transmittal 11/6/95. Supplemental
&~eement) - Motion Required to Remove from Table
MOTION by CartwfightYHalloran
I move to remove D Greiner and Associates Supplemental
Agreement #2 from the table.
VOICE VOTE CARRIED 5-0.
Mr. Koford noted that there had been language changes and explanations to
be made. This item deals with Greiner's continuation of up-grading the
airport in accordance with the airport master plan Md the renovation of
nmway 4-22. It was noted that the up-grade of the lighting was not
included in this supplement.
The City Attorney stated that page Circle 186 sets out the services and the
Council is asking for execution of the contract.
17
Regular City Council Meeting
November 15, 1995
Page Eighteen
MOTION by Corem/Damp
I move to Deny Supplemental Agreement #2 to Greiner Engineering.
The Vice Mayor noted that DOT never signed off on this plan, therefore the
City will not be receiving funds from DOT to complete the master plan as
is. Until DOT accepts the master plan the City should not start
improvements.
Mrs. Cartwright agreed and stated that a workshop was to be scheduled
with Greiner for clarification.
Mr. Koford stated that he did not know why the DOT did not approve the
plan. DOT has provided and the City has accepted the offer to reconstruct
4-22. This is why this item appears before the council. He is asking for
approval of the agreement and bring back to the council the projects
Greiner should proceed..
ROLL CALL:
Mr. Halloran - nay
Mayor Firfion - nay
Vice Mayor Corum 4 aye
Mrs. Cartwright - aye
Mrs. Damp - nay
MOTION FAILED (Halloran, Firtion; Damp - nay)
MOTION by Cartwhght/Comm
I move we postpone the item until we hear from Greiner.
ROLL CALL:
Mayor Firtion - nay
Vice Mayor Corum - aye
Mrs. Camvright - aye
Mrs. Damp - nay
Mr. Halloran - aye
MOTION CA/LKIED 3 - 2 (Firtion & Damp - nay)
18
Regular City Council Meeting
November 15, 1995
Page Nineteen
95.186 E.
Bid Waiver - A~phalt Recycling. Inc. - Grind and Oil I~ect Englar
Drive Between Schumann Drive and Geor~ Street - Sole Source -
Not to Exceed $30.000.00 - Denied Until Staff Reports Ba. ck w/
Further Information at 10/25/95 Meeting (.Public Works Transmittal
11/8/95~Schuebe~.Memo 10/31/95. Reland Letter 1 I/3/95. Votapka
Memo 11/8/95. Agenda Transmittals. Pine Street PO. Refer{ncc
Letters)
Mr. Halloran commended Mr. Votapka on his research.
MOTION by Damp/Halloran
I move to waive the bidding procedure and award the asphalt and
base recycling for 4,000 lineal feet of road for Englar Dr., to Asphalt
Recycling.
To be added to the Motion - Not to exceed $30,000.
ROLL CALL:
Vice Mayor Corum - aye
~trs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
MOTION CARRIED 5-0.
95.207/
95.187/
95.189
Selection for Bid Procedures - Englar Drive Bikepath. Barber Street
Soorts ComplexLGolf Course Cart Path (City. Manager Transmittal
11/6/95. Excerpt.of 10/25/95 MinuteO
The Mayor recognized the following: Tom Cullum, and Frank
Oberbeck.
The City Manager alerted the Council to a change in the law pertaining to
the bidding process; due to the change, he has presented two options for the
benefit of the council.
19
Regular City Council Meeting
November 15, 1995
Page Twenty
TAPE II - SIDE II (9:30 p.m.)
MOTION by Darnp/Halloran
I move we reject all bids for the Barber Street Sports Complex.
(Halloran added - as previously submitted - Damp agreed.)
ROLL CALL:
Mrs. Camarfight - nay
Mrs. Damp ~ aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - nay
MOTION CARRIED 3 - 2 (Cartwdght, Corum - nay)
There was a lengthy discussion among the Council Members followed
relative to a loan to the golf course, additional cost of equipment for the
golf course, reserve funds, change of capital improvement projects,
specifications for cartpath bid, drainage problems, cost of project, etc.
MOTION by Comm/Cam~ght
I move to deny the authorization to add the golf cart project to this
agenda item 95.207, 95.187 and 95.189.
ROLL CALL:
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - nay
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARiL[ED 4 - 1 (Firtion - nay)
MOTION by Cartwri~t/
i move to direct staff to readvertise as soon as possible for the Englar
Street and Barber Street Sports Complexes, separately, ~,s-h'rdicated-~
20
Re~malar City Council Meeting
November 15, 1995
Page Twenty One
Discussion followed whether Options should be a separate motion. It was
decided that a separate motion would be in order.
Mrs. Cartwright withdrew reference in motion to Option B and Mr.
Halloran seconded the motion at this time.
ROLL CALL:
Mr. Halloran - aye.
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwhght - aye
Mrs. Damp - aye
MOTION C~D 5-0.
MOTION by Cartwright/Corum
I move to select option B advertise as two separate projects: the
Barber Street Sports Complex remaining to be completed within 30 days
after receiving authorization from the City and Item B the Englar Street
project.
ROLL CALL:
Mayor Firtion - nay
Vice Mayor Corum - aye
Mrs. Cartwr/ght - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 4 - 1 (Firtion - nay)
21
Regular City Council Meeting
November 15, 1995
Page Twenty Two
13.
NEW BUSINESS
95.180 A.
ORDINANCE NO..0-95.-.28 - Exchange of Real Property by the
City of Sebastian (City Manager Transmittal 11/1/95, 0~95-28
1st. Reading, Set Public Hearing 12/6/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLOR/DA, AMENDING SECTION 2-93 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN, FLOR.IDA; TO
AUTHORIZE THE CITY OF SEBASTIAaN EXCHANGE OF REAL
PROPERTY WITH OTHER PARTIES; PROVIDING FOR THE
REVISION OF THE PROCEDURES ON THE CONVEYANCE OF REAL
PROPERTY IN ABANDONMENT OF REAL PROPERTY INTEREST IN
CiTY OWNED PROPERTY; PROVIDING FOR SEVERABII,ITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Read Ordinance No. 0-95-28 by title only.
MOTION by Halloran/Cam~ght
I move to accept the first reading and set the public heating for
12/6/95 on Ordinance 0-95-28.
ROLL CALL:
Vice Mayor Corem - aye
Mrs. Cmwhght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0.
22
Regular City Council Meeting
November 15, 1995
Page Twenty Three
95.2O8 B.
SebasfiaaRJverArea Lit-tie League. Inc. - Request to Change Lease
Dates to "December 1 through Jul,a3 1" - Direct City_ Attorriey (Ci~
Manager Transmittal 11/6/95. Lease anckl st Amendment to Lease)
Mayor Firtion recognized Nancy Diamond stated that approximately 600
hundred children are anticipated this season and Little League would like to
extend their lease to start December St.
A very lengthy discussion followed. Mrs. Corem recommended three
changes for the Little League, the Panthers and the Soccer Association,
Number 1 is an "escape clause", Number 2 would be for a 5 year each, and
Number 3 a rent and concession agreement among the various groups as
opposed to verbal agreements.
TAPE iTI- SIDE i (10:15 p.m.)
The City Attorney brought to the attention of the Council that the Little
League is now asking for a change of dates and they would have to agree to
a reduction in time. He recommended that the City have escape clauses in
the leases due to the rapid changes taking place in the City. He noted the
various reasons for an escape clause.
Discussion among the Council Members followed. Mayor Firtion again
recognized Nancy Diamond, Rene Van de Voorde, Attorney for the Little
League, and Maura Rabom, Panthers representative.
MOTION by Cartwright/Corum
Motion to extend the meeting to 11:00 p.m. if needed.
ROLL CALL:
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Filxion - aye
Mrs. Can-wright - aye
MOTION CARRIED 5-0.
23
Regular City Council Meeting
November 15, 1995
Page Twenty Four
Discussion followed changing the lease, concession stand, equipment,
written agreement on use of the concession stand, escape clause, 5 year
contract, etc.
Mr. Kick Sweeny, President of Sebastian Soccer, asked that tiffs lease be
not held up as they have been waiting 8 months for this lease.
MOTION by Cartwright/Comm
I move that we direct the City Attorney to change paragraph 6A and
1 lB to reflect the proposed or the requested lease change per their request
just as it is in the book. (Little League). Mrs. Cartwr/ght noted that this is
the ex/sting lease.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - nay
Vice Mayor - aye
Mrs. Cartwfight - aye
MOTION CARRIED 4 - 1 (Firtion - nay)
95.209
Sebastian Soccer Association. Inc. Lease A_m'eement - Barber Street
Sports Complex North (Public Works Director Transmittal 11/8/95
A~eement)
MOTION by Camardght/Damp
I recommend that the City Council approve the lease for the
Sebastian Soccer Association on the condition that the City Attorney bring
back an amendment regarding the escape clause.
Mrs Cartwright withdrew her motion and Mrs Damp agreed.
A lengthy discussion relating to the escape clause followed and no
definitive action was taken.
24
Regular City Council Meeting
November 15, 1995
Page Twenty Five
Item F was addressed at this time.
95.212 F.
95.210
14.
95.211
Sovereign Submerged LandsEasement (Addendum 11/14/95, Letter
from Smithson 11/2/95, Notice 11/2/95, 2 Original Easements
w/Maps, 22 Pages)
MOTION by Comm~amp
Move to authorize the Mayor to execute on behalf of the City and
the City Clerk to attest two original easements and return to Department of
Environmental Protection on agenda 95.212.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION C,ad:U~ED 5-0.
The following items were not addressed and will be carried to the
December 6, 1995 Regular Meeting agenda along with the Sebastian Soccer
Lease.
Sebastian Panthers. Inc. Lease A~eement - Barber Street Soorts
Complex South (Public Works Director Transmittal 11/8/95
Sebastian Panthers - Barber Street Sports Complex Expansion and
Schumann Football Field (City, Manager Transmittal l 1/6/95.
Panthers Agenda Package)
INTRQDUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
25
Regular City Council Meeting
November 15, 1995
Page Twenty Six
15. CITY COUNCIL MATTE_RS
Vice Mayor Carol.vn Corum
Mrs. Louise Cartwright
C. Mrs. Norma Damx~
D. Mr. Ra_vmond Halloran
E. Mayor Arthur Firtion
16. CITY ATTORNEY MATTERS
17. CiTY MANAGER MATTERS
18. Mayor Firtion adjourned the Regular Meeting at 11:00 p.m.
Approved at the
, 1995, Regular City Council Meeting.
Arthur L. Fin-ion, Mayor
Kat/u-yn M. O'Halloran, CMC/AA_E
City Clerk
26
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 6, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 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 tltey have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
No one was available for invocation.
4. ROLL CALL
Ci.ty Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
December 6, 1995
Page Two
o
AGENDA ,MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
95.214
PROCLAMATIONS AND/OR ANNOUNCEMENT~
A. Presentation of Plaque to Chuck Neuberger - Construction Board -
9/88 through 9/95
Mayor Firtion presented the plaque to Chuck Neuberger.
2
95.213
PRESENTATIONS
A. ICMA Ran~ Rider~ - W,E, .Pete Know.les - Ci.ty Manager
3
95.180
PUBLIC HI3ARING, FIN_AL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
,4ttorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council ,4 ction
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 City
Council.
ORDINANCE NO. O-95-3¢~ - Exchange of Real Propelty by the
City of Sebastian (0-95-28)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLOR/DA, AMENDING SECTION 2-93 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN, FLOR/DA; TO
AUTHORIZE THE CITY OF SEBASTIAN EXCHANGE OF REAL
PROPERTY WITH OTHER PARTIES; PROVIDING FOR THE
REVISION OF THE PROCEDURES ON THE CONVEYANCE OF REAL
PROPERTY IN ABANDONMENT OF REAL PROPERTY INTEREST IN
CITY OWNED PROPERTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 11/15/95,
Advertised Legal Notices 11/22/95, PH 12/6/95)
95.209
ITEMS CARRIED.FORWARD (NOT COMPLETED) FROM
11/15/95 REGULAR MEETING,
Ao
Sebastian Soccer Association, Inc. Lease Agreement - Barber Street
Sports Complex North (Public Works Director Transmittal 11/8/95,
Revised Agreement)
95.211
Sebastian Panthers - Barber Street Sports Complex Expansion and
Schumann Football Field (City Manager Transmittal 11/6/95,
Panthers Agenda Package)
6
95.210
Sebastian Panthers, Inc. Lease Agreement - Barber Street Sports
Complex South (Public Works Director Transmittal 11/8/95,
Revised Agreement)
95~098
95.215
95.216
95.011
10.
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 - 11/15/95 Regular Meeting, 11/29/95 Special
Meeting, 11/29/95 Business Workshop
Bo
RESOLUTION NO. R-95-66 - Stormwater Management Plan
(City Manager Transmittal 11/30/95, R-95-66)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ESTABLISHING A POLICY ON A
STORMWATER PLAN FOR THE CITY OF SEBASTIAN;
PROVIDING FOR A STORMWATER RETENTION BASIN;
AUTHORIZING REPRESENTATIVES TO ACT ON BEHALF OF
THE CITY; AND PROViDING FOR AN EFFECTIVE DATE.
Police Department - Purchase 1993 Seadoo Explorer Boat and
Trailer with Forfeiture Funds as Authorized by FS 932.7055 - Sole
Source - $4,080.89 (Petty Transmittal 11/27/95, Petty Memo
11/27/95, Affidavit, Cost Breakdown, Specs, FS 932.7055)
Bid Award -'Used Combination LoadeffBackhoe - $45,195.00 -
Falcon Power (Public Works Transmittal 11/28/95, Bid and
Tabulation, Committee Recommendation)
Riverffont Water Project - Change Order #6 - Speegle Construction,
Inc. (City Manager Transmittal 11/22/95, Change Order)
The City Manager read the consent agenda. The City Attorney read
Resolution No. R-95-66 by title only.
11. COMMITTEE REPORTS/RECOMMENDATION~
95.098
12.
OLD BUSINESS
Craven Thompson & Associates. Inc. - Supplemental Agreement
No. 6 - Conceptual Sto~nwater ManagemerttMaster Plan (Ci _ty
Manager Transmittal 1 I/6/95, Supplemental Agreement) - Tabled..
fi-om 11/15/95 Meeting- Motion Reqt.tired to Remove from Table
9
13.
95.217
NEW BUSINESS
A. Vero Beach/Indian River County Recreation Department Services
(City Manager Transmittal 11/27/95, Callahan Letter 9/20/95)
10
95.218
Recommended Changes to City Charter - Schedule Workshop for
December 14, 1995 (City Manager Transmittal 11/28/95, Proposed
Changes)
11
14.
INTRODUCTION OF NEW~U$Ib/ESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
12
17. CITY MANAGER MATTERS
18.
Being no fm'ther business, Mayor Firtion adjoin-ned the Regular Meeting at
19
City of Sebastian
I 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, NOVEMBER 29, 1995 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK. 1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Special Meeting unless provided for in the meeting call
(in accordance with R-95-33)
Mayor Firfion called the Special Meeting to order at 6:00 p.m.
CiW Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staft Present:
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Special City Council Meeting
November 29, 1995
Page Two
SPECIAL MEETING ITEMS
95.213 A.
Discuss Selection Process for City_ Manager and .Assistant to the City.
Manager
A1 Vilardi, 445 Georgia Boulevard, Sebastian; and Sal Neglia, 461 Georgia
Boulevard, Sebastian, suggested holding off on hiring an Assistant to the
City Manager until the new City Manager is in place.
The City Manager said there are no plans for an "Assistant City Manager".
He said the title "Assistant to the City Manager" had been suggested and
advertised, however, the person will be a Purchasing Agent and contract
administrator. He stated that he believed the position is needed now.
City Council members agreed that the City Manager knows what the City
needs and supported the h/ring of a purchasing person at this time.
MOTION by Comm/Halloran
I move to have Mr. Koford get on with his job of hiring the
purchasing agent as planned.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
A brief discussion took place on use of services of ICMA Range Riders for
City Manager selection along with the City Manager and Personnel
Director. Vice Mayor Corum requested further information on the services
they provide. Mayor Firtion suggested they be asked to attend the
December 6, 1995 meeting to give a br/ef explanation of their services.
Special City Council Meeting
November 29, 1995
Page Three
MOTION by CartwfightJDamp 0o ~ 0.T~
i move that we ask staff to contract the Kange Riders and seek their
help in providing a professional screening committee for the selection of
our City Manager and invite them to our meeting of December 6, 1995.
ROLL CALL:
Mrs. Cartwright - aye'
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MO~ONC~D5-0
The City Clerk suggested that in the future City Council clarify to which
"staff" person it is referring when it gives direction. It was clarified that the
City Manager would contact ICMA.
95.207
Consider Public Works Constructing Golf Course Cart.Paths on a
Limited Basis Over the Next Twelve Months
Walter Barnes, 402 Az/ne Terrace; John Kanfoush, 1437 Seahouse Street;
Larry Driver, 133 Dahl Avenue; Maura Rabom, 155 Hams Drive;
Nancy Diamond, 437 Seagrass Avenue; Tom Collum, 437 Seagrass
Avenue; Frank Oberbeck, 601 Layport Drive; Carolyn Klotzer, 863
Majestic Avenue; A1 Vilardi, 445 Georgia Boulevard;
TAPE I - SIDE II (6:47 p.m.)
Sal Neglia, 461 Georgia Boulevard; Fred Winninger, 106 Thunderbird
Drive; Rick Sweeney, 685 Helicon Terrace; Bob Freeland, 733 Wentworth
Street; and Louis Pr/ore, 374 Mango Avenue, all of Sebastian, generally
objected to use of advalorem taxes or city staff to construct golf cart paths,
some stating that there are other more important issues such as streets,
drainage and park improvements that are higher priorities.
Special City Council Meeting
November 29, 1995
Page Four
Mayor Firtion explained his proposal to Council was the result of a
discussion with the City Manager relative to possible methods to construct
the cart paths. He said it seems Public Works has its hands full and this
may not be the way to go.
MOTION by Firfion/Darnp
I'Ll make the motion that we decide to piecemeal the carts (paths) by
whatever method is proper, that we can afford it out of the enterprise fund
and it doesn't have to be done by Public Works, by outside contractor,
either way.
The City Clerk summarized the motion at the request of Mr. Halloran as "to
piecemeal the cart paths out of the enterprise fund but not by Public
Works", and Mayor Firtion concurred.
Mrs. Cartwright said a plan exists to construct paths over the next 12 to 15
months and she would like to follow the plan as it exists, suggesting the
$75,000 on loan to the Golf Course at this time be utilized in the next fiscal
year as an interest-bearing loan if not expended.
The City Manager said the Mayor's motion states that the paths will be
constructed on a piecemeal basis as funds are available in the Golf Course
enterprise fund. He explained the Golf Course enterprise fund and the
obligation the City made when it refunded the bond in 1992. He said funds
have been "loaned" to the golf course for the last two years in the event
they were needed, that last year's funds were returned to the general fund
and at this time $75,000 has been placed in the golf course fund. He noted
that a public meeting was the only vehicle by which City Council could
discuss possibilities to construct needed cart paths to increase revenues.
Mayor Firtion stated that the "windfall" in 1992 was used for debt service.
Discussion took place on when funds would be available and Mayor Firtion
said he'd like to see the paths done one hole at a me as funds are
available.
4
Spec/al City Council Meeting
November 29, 1995
Page Five
Vice Mayor Corem again noted there is a previously approved plan for cart
paths. She said the motion on the floor is not what is on the agenda.
The City Clerk reiterated the motion "to decide to piecemeal cartpaths out
of enterprise funds not by public works"
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - nay
Mrs. Cartwright - nay
MOTION CARRIED 3-2 (Corum, Cartwright - nay)
Being no further business, Mayor Firtion adjourned the Special Meeting at
7:35 p.m.
Approved at the
Meeting.
., 1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
I 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
BUSINESS WORKSHOP
WEDNESDAY, NOVEMBER 29, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Firtion called the business workshop to order at 7:47 p.m.
City Council ?resen~
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathwn O'Halloran
Chief of Police, Earl Petty
Human Resources Director, Wendy
Widmann
Public Works Director, Richard Votapka
OPEi.NING COMMENTS
Mayor Firdon turned the workshop over to the City Manager.
STAFF RESPONSE - CITY MANAGER
The City Manager gave staff response to problem items identified on
August 30, 1995.
1) Occupational License Increase. He gave a brief explanation of the
occupational license tax governed by FS 205, noting the license is a
City Council Business Workshop
November 29, 1995
Page Two
2)
4)
5)
6)
7)
8)
9)
10)
pennissive license not a mandatory license. He recommended the
license be maintained to assure some control of businesses in the
City. He noted it is costing twice the license revenues to police the
system.
Not in Touch with Businesses. He responded to a statement that the
City is not in touch with business, recommending a hotline whereby
people could determine what City jobs, contracts, etc. are available.
Tammy Wynette Concert. He had no comment on the Tammy
Wynette concert. (Scheduled for Sebastian River High School
12/1/95)
Business Sal¢~ Qff. No further comment was made.
~xes. He stated that ad valorem tax bills include all of Indian
River County tax/ng authorities and some people do not realize this.
Economic. Development. He urged cooperation between the Council
of 100 and City of Sebastian.
Planning Expertise. He stated the City Planner application cut-off
is November 30, 1995.
Council 100/Business Action. Team. See #6 above.
Zonings/Parking. He said staff will look at the parking ordinance
relative to strip shop malls with doctors' offices.
Sebastian R/verfront. He said with Community Development Block
Grant funds and the new City Planner work can begin on
establishing a master plan for the Riverfront District. He listed the
projects which will be completed as a result of receipt of the grant
and stated that ordinances will have to be readdressed.
City Council Business Workshop
November 29, 1995
Page Three
ii)
Businesses on Louisiana Avenue Not Recognized. Not sure what
means. Have been waiting for twin pairs to be f'malized so we can
correct drainage concerns on Louisiana Avenue.
12. Home Occupational Licenses. Review closer.
13) Scrub jays. He said staff is doing all it can at this time.
14)
High Street Concerns. He noted that the Public Works Director
will address concerns regarding paving.
15)
Building Aesthetics/Signs. He suggested having a separate group
address signs, using the services of the planner.
He then stated that he worked on an ad hoc committee relative to coastal
zone management and noted that due to storm possibilities there is a move
to reconsider signs.
PUBLIC INPUT
Tom Collins, Captain Hiram's, and 9301 A1A, Vero Beach, former member
of 1Liverfront Committee; and Warren Dill, 11675 Roseland Road, former
member of Riverfront Committee, urged sound development of the
R.iverfront district by implementation of a master plan. Mr. Dill
recommended hiring a consultant.
ACTION . City_ Council To Consider Setting a Timetable for the
PrioriW Items: Direction to the City Manager for Specific Plan of
Action. if Required
Mayor Firtion agreed that a plan needs to be implemented for the Riverfront
and that hiring a professional is a viable option.
3
City Council Business Workshop
November 29, 1995
Page Four
Vice Mayor Corem inquired whether the City Manager could work on
finding money in the budget for planning services prior to the January 17,
1996 Riverfront workshop. She suggested that business groups form a
partnership to determine what is needed in the City.
TAP. E i - S1DE II (8:35 p.m.)
Mrs. Damp concurred with the need to set a timetable for a plan.
Mrs. Cartwright inquired how much time the City Manager needed to
obtain proposals. The City Manager said he could obtain letters of interest.
The City Attorney recommended certain mechanisms to begin development
of a plan. He said a scope of services should be developed after obtaining
community consensus.
Tom Collins agreed and suggested formation of a committee to determine a
scope of services.
Mrs. Cartwright requested an update on Airport Drive West. The City
Manager said permits have been received, construction drawings have been
received and all will be submitted to the City Clerk for advertisement.
Mr. Halloran said he would like to see the Exchange Club involved as well
as a representative of Council and staff to move ahead to establish a scope
of services. He inquired, if natural gas becomes available, whether people
along Indian River Drive might want to participate prior to the paving and
installation of sidewalks.
The City Manager said he would recheck commitments on the CDBG,
inventory what is present and what is needed and then move ahead with
development of a scope of services. The City Attorney said he would work
with the City Manager.
Mrs. Ca.,xwdght inquired whether a task force could be put in place at this
time and the City Manager said it could be.
Special City Council Meeting
November 29, 1995
Page Five
Being no further business, Mayor Firtion adjourned the business workshop
at 8:55 p.m.
Approved at the
Meeting.
, 1995, Regular City Council
Arthur L. Firfion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAl,
SIjBJECT: Stormwater Management
Pfaff
Approval For Submittal By:
City Manager ~..'~, ./~
)
)
)
)
)
)
)
)
)
)
)
)
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 11/30/95
For Agenda Of: 12/06/95
Exhibits:
- Resolution No. R. 95~66
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A
BUDGETED: N/A
REQUIRED: N/A
SUMMARY
Ln accordance w/th the consensus of City Council during the Workshop session of November
1, 1995, the attached Resolution No. R-95-66 has been prepared by the City Attorney
regarding the stormwater management system.
RECOMMENDATION
Recommend approval of Resolution R-95-66.
CO~RTY, FLORIDA, E~T~LZSHZNG A ~LZCY ON A STOUTER
P~ FO~ ~ CITY OF ~EB~TI~; P~VZDIN~ FOR A
TO ACT ON BE~ OF ~ C=~I ~ P~VIDZNG ~H ~
. WHEREAS, the City of Sebastian finds i= in ~he public interest
to develop a stormwa~sr management plan which will provide ads.ate
p~lic ~rainage and promote enviro~en~l pro=sc=ion; and
~E~, =he Ci=y of Sebastian has assigned a high priority to
~e design and lmplemen=a=ion of su~ plan; and
~E~, ~e Compr~ensive Plan adopted by ~e City in
Objective 4-2.1d ~d Policies 4-21d.1 and 4-2.1.2 re~ires the
City's preparation of a $=o~wa~er plan and the correction of
deficiencies in l=s sto~wa=er syst~; ~d
~E~, the city of S~astian has selected and employed
consul=lng engineers t~ c~encm prmparati~n of such plan; and
~E~S, =he City needs tec~ical ~d financial assistance to
prepare and ~plemen= such a plan,
NON, T~~, B~ IT ~SO~D BY T~ CITY CO~CIL OF ~ CITY
OF BEB~TI~, I~I~ ~R ~X, F~DA, as follows:
~ ~ S~~TNR P~ The city of Sebastian will, as
a matter of policy, develop and ~pl~ent a plan for a sto~water
management syst~ for the City ~a= provides ads.ate public
drainage and complies wi~ all applic~le treatment and discharge
re~lato~ retirements.
~ ~ STOUTER ~TE~ION B~IN: The City of Sebastian
zes =hat a c~cial el~ent of the plan will be the
construction and maintenance of major stormwater retention
facilities. The City of Sebastian requests the assistance of the
State of Florida and the St. Johns River Water Management District
in planning, acquisition, development and maintenance of a large,
multi-function facility that will serve as a stormwater retention
basin; in addition, to the extent feasible, an environmental
preservation, restoration, and learning area; and a recreation,
canoeing, boa=lng and fishing area. The ~&sin will serve as =he
major stormwater retention facility in the stormwater management
system for =he City.
S~TJ~N~ &~OHIZATiONt That the Mayor, City Council, and
City Manager for the City are authorized and directed to take all
~teps necessary ~o obtain t_ke financial, technical and regulatory
assistance from the federal, state, water management ~istric= and
i county necessary to plan and construct the facilities necessary to
serve as a stormwater retention basin. The City Manager is
Iauthorized to direct the City Attorney, engineers and consultants
to assist the City in its goal of designing and implementing a
I proper stormwater managemen= plan for the City of Sebastian.
Iimmediatmly upon its adoption.
This Resolution shall take
I The foregoing Resolution was moved for adoption by
Councilmember
by Councilmember .......
into a vote, the vote was as follows:
The motion was seconded
and, upon being put
Mayor Artahur L. Fir=ion
Vice Mayor Carolyn Coz-am
Councilmem~er Norma J. Damp
Councllmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon de¢larmd t. his Resolution duly Dassed and
adopted this day of , 1995.
CiTY OF SEBASTIAN, FLORIDA
ATTEST:
Arthur L. Firtton, Mayor
Kathryn M. 0'Halloran, CHC/AAE
(Seal)
ADproved as :o Form and Content:
Clifton A. McClelland, Jr.'
City Attorney
3
City Council Workshop
November 1, 1995
Page Two
3. WORKSHOP ITEMS
95.098
A. Craven Thompson Presentation - Storm Drainage and Flood Control
John Hill, Vice President, Craven Thompson & Associates, Inc., gave a
brief history on the development of Sebastian Highlands and presented a
report on the proposed stormwater management program, exh/bifing the
contents of a handout (see attached). Mr. Hill also introduced his associate
David Phillips, and Rod Reed of Masteller & Moler.
Following Mr. Hill's presentation, it was the consensus of City Council
to concur with his fn'st two recommendations at this time as follows:
Formally state that the City of Sebastian will plan and implement a
Stormwater Management System that, on a best efforts basis, meets
current and future treatment and discharge limitations, as well as
appropriate public safety standards.
Request the assistance of the St. John's River Water Management
District in planning, acquisition, development, and maintenance of a
large, multi-function tract that will serve as a stormwater retention
basin; an environmental preservation, restoration, and learning area;
and a recreation, canoeing, boating and fishing area.
The City Manager said he would work with Mr. Hill to develop a cost
estimate, report back to City Council as soon as possible for further
direction. Mr. Hill said he would come back to City Council for a
workshop sometime m January with updates.
Being no further business, Vice Mayor Corum adjourned the workshop at
7:07 p.m.
Approved at the
Meeting.
, 1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
I PO...qT OI~F1CEBOX 780127 Cl SE.~ASTIAN, FLORIDA 32978
TELEPHONE (407) 58g-5330
FAX 4(]7-58g-5570
SUBJECT: Purchase of a 1993
Se~d~o Explorer boat and trailer with
forfeiture funds.' Sole source purchase.
A~proved For Submittal By:
City Manager
Dept. Origin Poli~.....~'~ _
Dats Subm±tted 11/27/95
For Agenda Of 12/06/95
Exhibits: Chiefs Memo to City Manager,
Written Certificat~ Cost Breakdomm
of Boat, Trailer amd Equipment,
Specifications Sheet, Copy of F.S. 932.705J
EXPENDITURE
REQUIRED:
$4,080.89
AMOUNT
BUDGETED: None
APPROPRIATION
REQUIRED:
$4,080.89
SUMMARY STATEMENT
The police depcadznent would llke to purchose cz used 1993 Se~doo Explorer boot,
troJler, ond ec~pment, using deportment forfeiture funds in the mount of 4,080.89 to
cover [he cost of this expediture. This boot would be used by the police deportment to
potrol the woterwoys within the jurisdiction of the City of Sebosfion.
RECOMMENDED ACTION
Move to grant cz waiver of bidding procedure and czuthorize the expenditure of
$4,080.89 using forfeiture funds as authorized by F.S. 932.7055.
SEBASTE&N I
r) /-,t T-f. /-.~ __ Office of the Chief
.[- ~,_JJ.vu[.~,.~]¢_~ 1225 Main Street
1~1~'1Z) ~& t;}"T*~/f"~T~I-~ Sebastian, FL 32958 I
.zJ~t_~.z. z--~.z.~, j..l. vl_l._~.'~ .1. (407) 589-5233
Earle L. Petty, Chief of Police I
MEMORANDUM
DATE :
TO :
THRU :
FROM :
SUBIECT:
November 27, 1995
May'or and Members of Council
loel L. Koford, City Mcrnager_zQ~l~~'~
Sar]e £. pe , Po/ ce
l/Va/vet of Bid for Sole Source Purchase o/a Used 1993 Seadoo
Explorer Boat and Trailer, Using Police Department Forfeib~re Funds
At the present ffme the Sebastian Police Depcrrknent does not hcrve any fype of
wcrter craft to patrol the waterways within the city lfrnits of Seb~sffcm, wh/ch
includes the Indian River and/n/and canals. Current/y the F/or/da Ma~ne Patrol
provides protection for these areas.
Based on the current crud proposed growth of the l[ndicrn River Dr/ye waterfront
business district and the increase in water crcEt activities w/th/n our jurisdiction
there is a demonstrated need for the po/fce depcrrtment to have its own boat to
patrol these areas as needed.
The ideal boat for these actfv/ffes is the Seadoo Explorer, which is a smo~ thirteen
foot, shallow drafft, jet propulsion drive, five person ccrpad~ inflcrtcrble water craft.
Date ·
Page:
November 27, 1995
Waiver of Bid (Used I993 Seadoo Explorer)
Two
There is cr used 1993 Explorer with trailer available crt Inter County Marine
Services,/nc., 1140 South U.S. I, Vero Beach, (407) 567-8664, for $3,500. plus an
add/~fona/$580.89, for running lights and required marC_ne saffety equfpment, for
ar total cost of $4,080.89.
It is my recommendation that the cost of this purchase, if approved by council, be
made from the police detxrrtment forfeiture fund crs authorized under the
provis/ons of Section 932.7055, F/or/da Statutes, (copy provided). This equipment
will be used for ct/me prevention, saffe neighborhood and drug prevention
programs.
If you have any questions pertcfuuing to duis memorandum, please confrc~ct me at
your ecrtiest convenience.
I
i
i
I
.. AFFIDAVIT I
I, E~-rle L. Petty, Chief of Po/fce of Sebcrs~crn, do hereby cerff/y thct the attached i
request for expenditures from the City of Sebcrs~cru Law Er~orcement Trust Fund,
for the purchase o£ ct 1993 Seadoo Explorer bocrt crud trailer, compiles with the I
provisions o£ Section 932. ?055, F~oridcr Stcrtutes.
C~ty o£ Seb~cm Pofice Depcr~men~ I
Ludkm ~ver County
Sworn to crud subscribed be/ore me the 27 day o£~ovember ,1995. I
i
Over'all Lenqtn ......................................................... 3.96m
Oran ........................................................................ JO.Ecru
We~qn~ In~! ......................................................... 32ZK / 710
Ri,~er CaDac~w ILoaa L~miz} .............. .~ oeraDns / 4741( / 1045
Fuel C~oaclW
~ daflOl~$; ~PM limlteE overllea! warning
~ fue~/o~i gauge; ~na four ~cnmen~
~on cecX. OD~onal e~uiomen~ inctuaes:
~e[a~ ~oeeaome~a~ ~im~ni
~wne~s ~i~: ~no tire e~tnqutsnec
~ Oi~a~menL ................................................ ~50cc = 7Zho-53kW~
~ Camora~on fl~ao ......................................................... [2,25:1
I
I_
DaN' JET' POWER
Luanca(IO~l ............................................. Variable ~e olt
FU~ ~',/pe ........................................................... ,;~eq~ta~
SU~ef ......................................................................... ~ea~c
~aLte~y .......................................................................... 2-,/o1~
CITY
I
m
I
Inter County Marine Services, inc.
1140 $.
VEFIO eF.~CN, (4O7)
I
~ U~D ,
/
CREiGMT,
mSUB-TOTAL
m ....... 7 L' m~ '' m mm ~ ...... ~ m * ~ /
......... TO NEC~S~ C2~RECT;0N~ ANO A~U~E~S CON-
~AT~ ~ ~ ~' ~ OENNIN6 CH~NG[E N ~tE N~T PAYO¢~ OF MY TRAOE tN TO
............. BE MAOE AT THE ~1 ~ OF S~E~NT. (~ Par. ¢3 ~ T2 0n
TOTAC TRA~E-IN ALLOWANC~ $
j TRAQE-IN OEBT TO BE PAID DY ~ R~AILER ~ CUSTOMER ....
I ~ ~SHi~'S CHEC c OR BY ~E ~ECUTION OF A ~AIL
iT'
TOGGLE' ~urrr..~
Fog,,
%678,'''°
~8.oo
TOTAL P.O1
Ch. 932 PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW F,~ 1_.~ - F.$___:.
appeal was a gross abuse of the agency's discretion·
The court may order the seizing agency [o pay ;he
awarded attorney's fees and costs from the aopropnate
contraband forfeiture trust fund.
Htsto¢/.--~. 4, c,, 74-~; ~, 4. c~. 80~: s. I, ch. ~2.-~29: s. 2. ch, 85-504; s.
2. Fn. 85-316; s. l, cl~, 57-7'7: ~,. 4, Fn. 89-148: $. 2, ch. ~9-~07; $. 8, ch. 90-17; $.
4. cn 92-54
Nme.--~ormer s, 94,3.44.
932.705 Law Enforcement Trust Fund; Department
of Higt~way Safety and Motor Vehicles deposits.-
There is created the Law Enforcement Trust Fund into
wmc,~ the Department of Highway Safety and Motor
Vehic!es may deposit revenues received as a result of
state or federal criminal proceedings or forfeiture pro-
"ceedings.
Hlltocy,--s. 2. c~, 87-~1,
932.7055 Disposition of liens and forfeited prop-
(1) When a seizing agency o0tains a final iudgment
granting forfeiture of real property or personal prooerty,
it may elect to:
(al Retain the property for the agency's use:
(bi Sell the property at puPlic auction or by sealed
bid to the lqignest bidder, except for real property wnic,'q
should be sold in a commercially reasonable manner
after appraisal by listing on the market; or
lc) Salvage, trade, or transfer the property to any
public or nonprofit organization.
(2) If the forfeited property is subject to a lien pre-
served by the court as provided in s. 932.703(6)(b), the
agency shall:
la) Sell the property with the proceeds being used
towards satisfaction of any liens; or
(bi Have [he lien saqsfied prior to taking any action
authorized I~y subsection (1).
(3) The proceeds from the sale of forfeited property
shall be disbursed in the following priority:
(al P~yment of the balance due on any lien pre-
served by [he court in the forfeiture proceedings.
(bi Payment of the cost incurred by the seizing
agency in connection with the storage, maintenance.
security, and forfeiture of such property.
lc) Payment of court costs incurred in the forfeiture
proceeding.
(4)(al If the seiTing agency is a county or municipal
agency, the remaining proceeds shall be deposited in a
special law enforcement trust fund established by the
board of county commissioners or the governing body
of the municipality. Such proceeds and interest earned
therefrom shall be used for school resource officer,
crime prevention, safe neighborhood, drug abuse edu-
cation and prevention programs, or for other law
enforcement purposes, which include defraying the cost
of protracted or complex investigations, providing addi-
tional eciuipment or expertise and providing matching
funds to obtain federal gran~:s.
(bi These funds may be expended upon request by
the sheriff to the board of county commissioners or by
the chief of police to the governing body of the munici-
pality, accompanied by a written certification that [he
request complies with the provisions of this subsection,
and only upon appropriation [o the s~enff's office or
1798
police department by the board of county
ers or the governing body of the municipality. -:~::'
lc) An agency or organization, other than tlqe
agency, that wishes to receive such funds Shall aDfJN to
the sheriff or chief of police for an appropriation aflq its
application stroll be accompanied by a written certlfiCa-
Iion that the moneys will be used for an aul~onzgd I~ur-
pose. Suc~q requests for expenditures shall incHl~le)
statement describing anticipated recurring ¢ost~
agency for subseduent fiscal years. An agency er
nization that receives money p~Jrsuant to this suOaet, ttlon
snail provide an accounting for such money8 nnd
furnish ~he same reports as an agency of (he cotlrll¥ or
mumcioality that receives public funds. Suct~ fund~ fllay
be expended in accordance with [he following
dures:
1. Such funds may be used only for school
officer, crime prevention, safe neightnorflood,
abuse educaUon, or drug prevention program,~ or
other law enforcement purposes as [he board uf
commissioners or governing body of [he
deems approbnate.
2. Suc~ funds shall not be a source of mver~ll~
meet normal operating needs of the law
agency.
3. After July i, 1992. and during every flucal ,/ear
thereafter, any local !aw ~nforcement agdfldY
acquires ~t least $15.000 pursuant to the Fiond~
band Forfeiture Act within a fiscal year must ¢xpt~flCl or
donate no less titan 15 percent of such proceed" [tit
support or operation of any drug treatment, drug
education, drug prevention, crime preventlun,
neighborhood, or scnoot resource officer progtal/i(s)-
The local law enforcement agency nas the dlscretl~Jfl
determine which program(s) will receive the
proceeds .... .;
Notwithstanding [he drug abuse education, dr,U ireat-
oent, drug prevention, crime prevent on, said trot(jill:lot'
od, or school resource officer minimum
or donations, the sheriff and the board of cOu¢IY d
missioners or the ct~ief of police and the governl¢lU
of tl~e mumcipa ity may agree to expend or don~t~
funds over a period of years if the expend turf) f)f ii,FIlS-
ion of SuCh minimum amount in an" '"ivan tlttCnJ year
would exceed the needs of the coun~;~ o~
such program(s). Nothing in this section oreCJlJd~
expenditure or donation of forfeiture proceed~ in ~
of the minimum' amounts established ~erein,
(5) If the seizing aoencv is a state a,-,encv ¢ltl
lng proceeds shall be~dep~sited into t~; Gj~er,,i
nUb Fund. However, if the seizing agency is:
(al The Oecartment of thL~(w Enforcement, [1~ pro-
ceeds accrued'pursuant to e provisions o! tile Fit)fide
she be de.os[ed Init)!~e.. _
Contraband Forfeiture Act ~ .
Forfeiture ~nd Investigative Support Trust ¢ur~d, --o;"
lb) The 'Department of Natural Resourcse, t~,~,~ ..-
coeds accrued pursuant to the provisions of tile F~m,'~_. -
Contraband Forfeiture Act snail be deposited Irlt/)
Mo?prOpel Revolving Trust Fund to be used (of'.~'.
emorcement purposes.
lc) The division of Alcoholic Bevera(
Tobacco, the proceeds accrued pursuant
AlC~
Cdr'
F~oF
amc
(-
cftc
of t'
itec
Su~
Frlr'
(:
$1%
me
the
Se,
sic
daf
jut
mc
er:
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ac
fe
fe
.F.S. 1993
~ROVISiONS SUPPLEMENTAL TO
CRIMINAL PROCEDURE LAW
Ch. 932
ContraPand Forfeiture Act sl~all be deposited into the
Alcoholic Beverages Forfeiture and Investigative Sup-
port Trust Fund.
(d) The Department of Highway Safety and Motor
Vei~ic!es, Ihe proceeds accrued pursuant to the Florida
Contraband Forfeiture Act shall be deposRed into
0apartment of Highway Safety and Motor Vehicles Trust
Fund.
(e) The Game and Fresh Water Fish Commission.
the proceeds accrued pursuant to the provisions of the
Florida ContraPand Forfeiture ACt shall Pe deposited
into the Wildlife Law Enforcement Trust Fund.
(f) A state attorney's office acting within its judicial
circuit, the proceeds accrued pursuant to the provisions
of the Ftonda Contraband Forfeiture Act shall be depos-
ited into Pe ~tAte Attorney's Forfeiture and Investigative
Suooort Trust Fund to be used for the investigation of
crime and prosecution of crimmats within the judicial cir-
cuit.
(g) A school board security agency employing law
enforcement officers, the proceeds accrued pursuant to
the provisions of the Ftorida Contraband Forfeiture Act
snail be deposited into the School Board Law Enforce-
ment Trust Fund.
th) One of the State University System police
departments acting within the jurisdiction of its employ-
~ng state university, the proceeds accrued pursuant to
(he provisions of tl~e Florida Contraband Forfeiture Act
snail be deposited into that state university's special law
enforcement trust fund.
ti) The Department of Agriculture and Consumer
Services, the proceeds accrued pursuant to the provi-
s;ons of the Ftorida Contraband Forfeiture Act shall be
deposited into the Agricultural L~w Enforcement Trust
Fund.
(6) If more than one taw enforcement agency is act-
ing suPstantially to effect the forfeiture, the court having
jurisdiction over the forfeiture proceedings shall, upon
motion, equitably distribute all proceeds And other prop-
arty among the seizing Agencies.
(7) Upon the sale of any motor vehicle, vessel, air-
craft, reai property, or other property requiring a title, the
appropriate agency shall issue a title certificate to the
purchaser. Upon the recluest of any law enforcement
agency which elects to retain titled property after forfeit-
ure, the appropriate state agency shall issue a title certif-
icate for such property to said law enforcement agency.
(8)(a) Every law enforcement agency shall submit
semiannual reports to the Oepartment of LAw Enforce-
ment indicating whether the agency has seized or for-
feited property under the Ftorida Contraband Forfeiture
Act. Any law enforcement agency receiving or expend-
,ng forfeited property or proceeds from the sate of for-
faired property in Accordance with the Fiorida Contra*
band Forfeiture Act shall submit completed semiannual
reports, by April 10, and October 10, documenting the
receipts and expenditures, on forms promulgated by the
Department of Law Enforcement, ID the entity wnic.~ has
budgetary authority over sucrt agency and to the
Department of Law Enforcement. The semiannual report
shall specify the type, approximate value, any court case
number, type of offense, disposition of the property
received, and the amount of any proceeds received or
expended.
(b) The Department of Law Enforcement sl~all sub-
mit an annual report to (he criminal iustice committees
of the House of Representatives and of the Senate com-
piling the information and data related in the semmnnual
re0orts submitted by the law enforcement agencies.
The annual report shall also contain a. list of law enforce-
ment agencies which have failed to meet the reporting
requirements and a summary of any action which has
been taken against the noncomplying agency by the
Office of the Comptroller.
(c) Neither the law enforcement agency nar the
entity having budgetary, control over the law enforce-
ment agency snail anticipate future forfeitures or pro-
ceeds therefrom in the adoption and approval of the
budget for the law enforcement agency.
Hl~tglry.--s. 5. cn. 92-54: s. 2. ch.
~Note.~Sectloil 3,, crt 93-213, trans/erra(t all exist~tl(~
of the Oeoartillent o~ Etlv~fonment~l Re~ulaUOn aha ¢1e Oelaaflmefl~ pt N~Utal
Resources to the Oeoanmen[ ot Etav~fonmeflt~,l ProteCtion.
932.706 Forfeiture training requirements,--The
Cdminal Justice Standards and Training Commission
shall develop a standardized course of training for basic
recruits which shall be designed to develop proficiency
in the seizure and forfeiture of property under the Florida
Contraband Forfeiture Act. Such course of training snail
be developed and implemented by October 1, 1993.
Hltst~ry.~. 8. ¢1. 92-54,
g32.707 Penalty for noncompliance with reporting
requirements.--Any seizing agency which fails to cpm*
ply with the reporting requirements as described in
932.7055(8)(a). is subiect to a civil fine of $5.000 payable
[o the General Revenue Fund. However, such agency
will not be suPiect to the fine if, within 60 days of receipt
of written notification from the Department of Law
Enforcement of the noncompliance with the reporting
requirements of the Ftorida Contraband Forfeiture Act,
the agency substantially complies with said require-
ments. The Department of Law Enforcement shall sut2-
mit any substantial noncompliance to the Office of the
Comptroller, which shall be responsible for the enforce-
ment of this section.
Ht~.--s. 7. cm. 92-54.
1799
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:Combination Loader/
Backhoe Award
Approved for Submittal By:
City Manager ~/v,.~/
Agenda No.
Dept. of Origin Public Works
Public Works Dir.
Date Submitted: Nov. 28, 1995
For Agenda of
Dec. 06, 1995
Exhibits: Nov. 21, 1995 Bid and
Bid Tabulation Sheet with Bid
Review Committee Recommendation
EXPENDITURE
REQUIRED: $45,195.00
AMOUAFP APPROPRIATION
BUDGETED: $57,000.00 REQUIRED:
SUMMARY STATEMENT
Two bids were received and opened on November 21, 1995 for the
purchase of a used rubber tired combination loader/backhoe. On
November 28th, the Bid Review Committee met, evaluated the bids,
and recommended that the purchase of the machine be awarded to the
low bidder Falcon Power in the amount of $45,195.00.
RECOMMENDED ACTION
It is recommended that the City Council move to award the purchase
of the used rubber tired combination loader/backhoe to Falcon Power
in the amount of $45,195.00 in accordance with the November 21,
1995 bid.
City of Sebastian
1225 MAIN STRELz--F u SI:::BASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
NOTICE OF INVITATION TO BID
SEALED BIDS FOR THE PURCHASE OF A USED RUBBER TIP=ED
COMBINATION LOADER/BACKHOE WILL BE ACCEPTED BY THE
CITY OF SEBASTIAN, IN THE OFFICE OF THE CITY CLERK,
~ITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FL
32958 UNTIL 2:00 P.M. ON TUESDAY, NOVEMBER 21, 1995.
BID ENVELOPES A3LE TO BE MARKED AS FOLLOWS:
BID: COM~SINATION LOADER/BACKHOE
THE CITY OF SEBASTIAN IS SEEKING BIDS FROM AUTHORIZED DEALERS
TO PROVIDE A USED CObiBilqAT!ON LOADER/BACKHOE HAVING THE FOLLOWING
SPECIFICATIONS:
!) D~monstrator tlrpe rubber tired loader/backhoe combination
having less than 1500 hours total time on the elapsed time
meUer.
2)
i3)
Condition must be "like new" including tires and accessories
Four cylinder diesel engine, Turbo charged in the 86 to 93
horse power r~nge
I4)
Four speed automatic transmission with forward and reverse
synchronized (shuttle shift) with torque converter.
5)
7)
8)
Axle - Four wheel drive
Hydrostatic power steering
Hydraulically operated telescoping hoe extension with at
least a maximum reach of nineteen (19) feet digging depth and
27' overall reach from rear axle centerline.
Combination flip over stabilization pads
9) One 24" heavy duty trenching bucket
!0) One 48" ditch cleaning bucket
!!) Lift capacity to full height at leas~ 6,600 pounds
Page 1 of 2
12 Ail State and Federal required guards and shields
13 All roltover protection system (R.O.P.S.) canopy
14 Parts, service, and operators manuals
15) Seat belts and back up alarm
!6) F.O.B. Sebastian
17) The dealer shall furnish the City of Sebastian with a one
year warranty on all parts and labor for all moving parts
that are associated with oil excluding rubber hoses.
Prospective Bidders must contact the City Clerk's office in
person, by mail at the above address, or by teleuhoninq (407)
589-5330 for Bid Documents. Questions or informational requests
should be addressed to the City of Sebastian, Assistant Public
Works Director Jerry Thomas. Bids will be publicly opened and
read aloud at 2:00 PM on Tuesday, November 21, !995 in the City
Council Chambers. The City reserves the right to reject any and
all bids.
BY: KAT~IRYN~. O'HALLORAN
CITY CLERK
CI-W"f OF SEBASTLAN
PUBLISH PRESS JOURNAL
DATE: Novea~ber 9, 1995
Notice of Invitation to Bid - Page 2 of 2
Combination Loader/Backhoe Bid
i
I
I
I
i
i
INSTRUCTIONS FOR BIDDERS
FOR EOUIPM~NT BIDS ONLY
REOUIRED COPIES
All bids shall be submitted on the Bid Forms provided by the
City with Three (3) copies.
SEALED BIDS
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.
NOT CONSIDERED
Late bids, telegraphed, or FAXed bids will not be considered.
However, bids may be withdrawn by telegraphic or F.~X notice,
providing such notices are received prior to the hour and date
specified on the bid.
BID OPENING
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 ~abulation will be furnished upon request after the bids
have been reviewed and analyzed by the Bid Review Co~L~ttee.
BID EXAMINATION
Bid files may be examined during normal working hours, ten
(10) days after bid opening by appointment.
REOUIR~ INFORMATION
Bidders shall follow all instructions and provide all
information requested on the Bid Forms. Contractors wishing
to qualify all or any portion of the bid shall provide a hand
printed or typed explanation on ~he bid or separate attachment
to be submitted with the bid.
ACCEPTABLE BIDS
Bid proposals shall be z%Hoewri~ten or filled in with ink.
Proposals having erasures or corrections must be initialed by
~he Bidder in ink.
Page i of 6
Combination Loader/Backhoe Bid
!0.
INSTRUCTIONS FOR BIDDE~,q
FOR EOUIPM~NT BIDS ONLY
The City of Sebastian is exempt from Federal and State Sales
and Use Taxes.
CONFLICT OF INTEREST
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 em_Dloyee of
the City of Sebastian. Further, all Bidders must disclose the
,name of any City en~.lcyee who owns directly or indirectly, an
interest of ten percent (10%) or more in the Bidder's firm or
any of its br~nches. Should the successful Bidder permanently
or ten~orarily 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.
PROHIBITION AGAINST~DISCRIMINATTQN
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
following: employment practices, rates of pay or other
compensation methods, and training selection.
lit ~
12.
If, within two business days after the Bids are opened, and
Bidder who files a duly signed, written notice with the City
Clerk's Office, 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.
WTTI~DRAWAL OF FUN~R
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.
Page 2 of 6
Combination Loader/Backhoe Bid
13.
14.
15.
17.
INSTRUCTIONS FOR BIDDERS
FOR EOUIPMENT BIDS ONLY
PUBLIC ENTITY CRI~
Any person submitting a bid/proposal in the response to this
invi~auion must execute the attached SWORN STATEMENT UNDER
SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES,
Form PUl{. 7068, including proper check(s) in the space(s)
provided, and enclose it with said bid/proposal.
DRUG-FREE WORKPLACE
The Drug-Free Workplace form, in accordance with Section 20 of
the Agreement and as attached hereto, shall be submitted with
~he Bid Form.
BID GUARAI~TEE
The Bidder warrants that the unit prices, uerms, and
conditions quoted in his/her bid will be firm for acceptance
for a period of not less than sixty (60) days from the bid
opening date. Such prices will remain firm for the period of
performance of resulting purchase orders or contracts which
are to be performed.
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 facuors 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 zn the work and to negotiate contract terms with the
successful Bidder, and the right 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. ~~ny or all proposals will be rejected
if there is reason to believe that collusion exists a~nong the
Bidders and no participants in such collusion will be
considered in future proposals for the same work.
Page 3 of 6
Combination Loader/Backhoe Bid
18.
20.
21.
22.
23.
INSTRUCTIONS FOR BIDDERS
FOR EOUIPMENT BIDS ONLT
The One (1) year te_~n as stated on Page 4 of ~he Agreement is
NOT APPLICABLE for this project. The term shall be the number
of calendar days the Contractor has designated on the Bid Form
to deliver the combination loader/backhoe.
BID~ PERFORMANCE AND PAINT BONDS
'~O Bid Bond, Performance Bond, and Payment Bond shall be
required for this project. The Bidder shall refer to Paragraph
12 entitled "Performance and Payment Bonds' found on Page 7 of
the Agreement.
DELIVERY REOUI~NTS
All proposals must quote prices F.O.B. Sebastian, Florida.
Bids quoting prices F.O.B. Factory, with or without freight
allowed and prepaid to destination will not be considered.
PRICE AND DISCOUNT REOUI~S
Quote net prices after deducting trade discounts. Ail
discounts must be incorporated in the prices contained in the
bid, and not shown separately. Invoices submitted must agree
with the prices formally bid.
DESCRIPTIVE INFORMATION
Descriptive literature including Specifications must accompany
your bid. Manufacturer's names and model numbers are used
herein solely for the purpose of establishing a standard of
design, quality and uses of the merchandise required. Products
of other manufacturers will be acceptable if they meet or
exceed such established standards with the exception of those
items specified 'NO SUBSTITUTION".
VARIATIONS TO SPECIFICATIONS
For purposes of evaluation, Bidder must indicate any variances
from our specifications and/or conditions. Otherwise, it will
be assumed that the product or service fully complies with our
specifications. Items specifically described as alternates
Page 4 of 6
Combination Loader/Backhoe Bid
24.
25.
26.
27.
shall be reviewed as alternative bids to be considered by the
City, ~n lieu of the primarily specififed item(s). However,
items varying from the published specifications shall be
considered substitutes, and the City reserves the right to
consider or not to consider substitute bids. Substitutes shall
be subject to disqualification if the substitution is not
approved by by tke City.
OUALITY GUARANTEE
Ail equipment or material shall be fully guaranteed by the
bidder against factory defects. Any defects which may occur as
a result of either faulty material or workmanship within the
~eriod of Manufacturer standard warranty will be corrected
without expense to the City of Sebastian. Should the product
not be properly correctable, the successful bidder may be
required to either replace the defective unit, or to pick up
the defective unit and refund any and alt money which has been
paid for the product. If in the City's judgement, the product
reflects unsatisfactory workmanship or manufacturing, or if
the product(s) are damaged in shipment, the City reserves the
right to reject such items when they are presented for
delivery. The supplier will be responsible for attorney fees
in the event the supplier defaults and court action is
required.
ROYALTIES. AND PATENTS
The successful bidder shall pay all royalties and lice_nse fees
for the equipment or processes in conjunction with the
equipment he is furnishing. Further, the bidder shall defend
at his expense all suits, actions, or judgements alleging
infringement on any United States Patent by reason of the use
or resale of any piece of material furnished user and will
save the City harmless from all ~x~ense of defending said
suits and from all payments which may be assessed against ~he
purchaser on account of such infringemenu.
MANUFACTURER'S CERTTFTCATTON
The City of Sebastian reserves the right to request from
Bidders a separate manufacturer's certification of all
statements made in the proposal.
NON COLLUSION
By signing and submitting the Bid Form, Bidder certifies that;
Page 5 of 5
Combination Loader/BAckhoe Bid
This bid has been arrived at by the bidder independently
and has been submitted without collusion, and without any
agreement, understanding, or planned common course, or
action with, any vendor of materials, supplies, equip-
ment, or services described in the invitation to b i d,
designed to limit independent bidding or competition,
and...
The contents of the bid have not be~n ccK~unica~edby the
bidder or its employees or agents to any person not an
~mployee or an agent, of the bidder or its surety on any
bond furnished with the bid, and will not be communicated
to any such person prior to the official openinq of the
bid.
No attempt has been made or will be made by the bidder to
induce any other person(s) or firm(s) to submit or not to
submit a bid for the purpose of restricting competition.
28.
29.
30.
SIGNED BID CONSIDERED AN OFFER
This signed bid shall be considered an offer on the part of
the Bidder or Contractor. The offer shall be deemed accepted
upon approval by the City Council of the City of Sebastian.
CANCELLATTON
It is the intention of the City of Sebastian to purchase
material and or services from sources of supply that will
provide prompt and convenient shipment and service. Any
failure of the supplier to satisfy the requirements of the
City shall be reason for termination of the award.
Receipt of an item shall not be an indication that the item is
acceptable. Final acceptance and authorization of payment
shall be given after a thorough inspection indicates that the
item is delivered in accordance with the Bid Specifications.
Suppliers are advised that in the event the delivered item
does not meet specifications, payment will be withheld until
such time the supplier takes necessary corrective action.
Page 6 of 6
Combination Loader/Backhoe Bid
BrD
City Clerk's Office
Sebastian City Hall
1225 Main Street
Sebastian, F! 32958
(407) 589-5330
DATE: 11-17 , 1995
BIDDER:
FALCON POWER
(Type or write in Name of Bidder)
The undersigned Bidder proposes and agrees, if this Bid is
accepted, to furnish one combination loader/backhoe in accordance
with the specifications which appear on the Notice of Invitation to
Bid. The Bid shall conform to the information contained in the
Invitation for Bidders specifically for this Bid.
Total Cost $ 45195.00
Contract Term: The Bidder will commit to deliver the combination
loader/backhoe withinIN STOCK calendar days after receiving the
Notice to Proceed.
SUBMIT YOUR BID IN A SEALED. ENVELOPE MARKED AS FOLLOWS:
BID: COM~INATION LOADER/BACKHOE
YOUR BID MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT
SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO
LATER THAN 2:00 P.M. ON TUESDAY, NOVEMBER 21, 1995.
BID ACKNOWLEDGEMENT
The above price shall be considered as a firm bid price
not subject to price adjustment unless Bidder's provisions
for price escalation are stated on a separate sheet to the
Bid.
The Bidder acknowledges that the price will remain firm for
sixty (60) days following the date of this Bid.
The Bidder has acknowledged Addenda issued by the City of
Sebastian Public works Department on the lines below:
Page 1 of 2
COMBINATION LOADER/BACKHOE BID FORM
ADDENDA ACKNOWLEDG~NT
The undersigned Bidder acknowledges that he/she has received the
following Addenda prior to the submittal of this bid and that
the additional requirements called for in these addenda is
included in the price above.
Addendum No.
Dated
Signature and Title
EXCF, P~IONS AND CLARIFICATIONS;
PLEASE NOTE ANY EXCEPTIONS, CLARIFICATIONS, AND/OR PROPOSED
ALTERNA~S ON SEPARATE SHEET (S) OF YOUR LETTERHEAD AND ATTACH TO
?HIS FORM.
ATTACHMMIqTS ( S ): YES X
NO DATE 11-17-95
t. Three (3) copies of the completed Bid Form are to be
submitted. (Typed or in ink)
2. One (1) copy of the completed Public Entity Crimes Form
shall be submitted.
3. One (1) copy of the completed Drug-Free Workplace
shall be submitted.
One (!) copy of the Descriptive Literature including
Specifications shall be submitted.
Respectfully Submittted By:
BIDDER: FALCON POWER PHONE NO:800-879-8770
State whether Bidder is a Corporation, General Partnership,
Limited Partnership, Sole Proprietorship or Other on the line
below:
CORPORATION
ADDRESS 1583 CENTRAL FLORIDA PARKWAY
- ' Signature
GERALD E. MCDONAH JR.
printed or Typed Name
FAX NO: 407-850-9176
11-17-95
DATE:
TERRITORY MA~NAGER
Title
PAGE 2 OF 2
407-859-1050
DRUG-FREE WORKPLACE FOKM
The undersigned Contractor, in accordance with Florida Statute
287.087 hereby certifies that FALCON POWER
Name of Business
does:
1.
use
Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or
of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken agaJ. nst
employees for' violations of such prohibition.
2. Inform employees about the dangers of dr~,q n~use in tt~e
workplace, the business's po]icy of maintaining a drug-free
'~orkplace, any available drug counseling, re}~abil.itatiou,
employee assistance programs and the penalties h}~at may
imposed upon employees for drug abuse violations.
3. Give each employee engaqed j~ provlct'[n(T tl~m comt,o~til'.~en
contractur~l :services that are under bid n (:o~%, of
statement sQecified J.~ ParaQt'aph
4. In the statement specified in Paragrap~ 1, notify tl~e
~mQ[oyees that, as a condition of working on t]~e commodi
or contractural servfces that are under bid, t}~e employee
will abide by' the terms of the statement a~d w~].l ~otJ. fy
employer of any convictio~ of, or plea of gui].ky or nolo
coutendere tO, any v{olation of Chapter 1893 or of
control].ed substance law of ~he United States or a,y state,
for a violation occuring in the workplace no .later t~an fiv~
(5) days after such conviction.
5. Impose a sanction on, or require the gatisfactory
participation in a drug abuse assistance or rehabi_}.ihatJon
].~ such is available in the emp.Loyee's c~mmunJ, hy, by ~,%,
who is so convicted.
Make a good faith effort to continue to mointnin o
workplace through imDlementat~on of psrsqrmD~s l ~-}~;u 5.
As the person authoriRed to sign this state~ent, ~' co,~-tif~'
tl~J.s firm comDlies fu.l.~l~y with the above
!1-17-95
Date
THIS FORM TO BE SUBMITTED WITH THE BID.
. 71ils ~worn slnlemenl IS iubmitled ~th Bid, Proposal or Conw=ct bio.COMBINATION L0~ER/BACKHOE
CITY 0F SEBASTI~ .......................
%ht~ swo~n ~lnlemcm~ ~ submiHed by F~CON P0~ .........
whose b.sin~ ~ddr~ ~
0~O, FL 32837
GE~LD E. MCDON~ JR. ~mi my rclationsblp to tire
3. My name ~s
,(. [ undcts~nnd ~h~t ~ 'public ~ntf~ ~ime' ~ defined in p~=gt~ph ~7.1~(t.)(g), ~9~n°~t?
tra~nmion of b~in~ ~th ~ny public endW or ~th au agen~ or poilil=l subdivision of nny other
smt¢ or with thc Unit~' S~t~, [ndud~g, bnt not llmit~ to, ~ny bid or ~ntl~ for ~ods or
sc~ to be Fro~d~ [o ~dPlnm(~ antitr~ f~d. [heft. bribe~, mflusion, mckctc~rihe.
~pira~, or matc~i ~repr~e~do~-
5. t unde~tand ~at '~~' or '~o~foa' ~ dc~ ~ Pat~g~ph 2~.133(l)(b),~o~lnt"j~,
m~ns a finding of ~flt or ~ m~oa of I public enfl~ ~tme. ~th or ~out ~ nd]udimdon of
information after JulT l, 1989, as a r~uit of a J.W verdlm, nonjuw trial, or enuy of a plea a( t,,ilty
or nolo ~nte~dere. ·
I ,,nde~and that an 'a~llate' as defined in Farn~nph 7~7.133(1)(a), UP0,~.~t!~s' men.s:
t. A pt~e~aor or'$u~sor of a pe~on ~nvimed of a public endty ~imc: or
~ entt~ under the control of any natural pe~on who ~ a~vc In the maongcment of thc
¢ad~ and who h~ ~n ~n~ of a ffu~tlc enti~ =tm~ '~ term 'a~llate' {nchsd~ th.se
o~cc~, dittos. ~~. patroon, shareholder, empt~c~, member, and agcnm who arc a~ive
in thc management 0( an a~late. ~e o~c~hip by one pc~oo of shat~ CO.~tJtnti.~ a ~ntmllin~
intet~t Jn another pe~o~, or a goofing of cq. ipment or Mcome among rcTson$ when .¢)t for Fair
market value under an a~'s l~n~th a~eement. ~hall be a prima fade rose that on~ perso~ c. ntmls
7. [ ,mdetsland that · 'pe~on' as defined ~ ~atagt. pll 287.13~(1)(e). Fjor~d~.~u~
nau, rnl person or endW organized under thc In~ of any state or o( thc LInited Sln¢~ w(~l~ rim Ic~i
power to enter into a bind~g ~.t~c~ and ,~hicit bids Or appl[~ to bid on contzncts for Hie
&=cc~]tv~, Farmers, ~harcholde~, empioye~, member, or ageak~ wito are active
lac S~a~e of ~odda, Dl~toa o¢ AdmtnL~t~t/ve tiering, q~e final o~der entered by the
hearing o~cer did not gla~ ~e pe~on or a~llate on the ~nvict~d vendor list. [Please
attach · ~py:o( the final
Ad~Bt~Qve tT~dn~. ~e ~al o~er ¢ate~ ~
~e~ sat .~lon taken by or pendl.~ ~(h the Department
t~-tT-95
Date:
S'I"AI'1E OF FLORIDA
COUNq'Y OF
GERALD E. MCDONAH JR.:
0R. AbTGE
pEP.~ONAd..L¥ A~'?~-.AI:tF-D BE'E'Ot:~,.~ ~ t~te tmdevsfgned autltortty,
who, slier tlv~t being sw~r~t b3r me, a~xed hi.~/l~er st.~a.tre
My commission
My ¢0mm :×p~ 8/08/9'6
November 20, 1995
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Attn: Mr. Jerry Thomas
~:~ ~ - CO~TION LO~/BA~OE
Dear Mr. Thomas:
The Case 590 Loader Backhoe ~ha: we have bid is the same uni~ ~hat you
currently have on lease. Our calculation and bid cost includes the
rentals that we recently billed you.
The warranty on ~ha~ unit when i: was new was one year for parts and
labor that has expired at this ~ime. Your bid specifications ask for
one year parts and labor for all moving parts ~ha~ are associated with
oil, excluding rubber hoses. We have calculated in ~he cost of a
one year Powertrain Warranty, the exact itemm that are covered and
what is your responsibility are listed on ~he following page.
If you have any ques~ionm please do not hesitate ~o call me. I would
like to ~ake this opportunity to thank you for your continued support,
and we look fo~ard to doing business with you in the future.
G~: rb
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Change Order #6
Se. ba~stian Riverfront Water
Project
Approval For Submittal By:
City Manager
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 11/22/95
For Agenda Of: 12/06/95
Exhibits - Change Order//6
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The attached change order was inadvertently signed and forwarded to the County
Utilities. It should have been initially approved by the City Council. The figure
represents an increase of $46,176 to the total project, and $26,159 is a Sebastian cost
and $20,017 is an Indian River County cost. We will be presenting the final
assessment documents to City Council this month or the first part of January. As of
th/s change order, the project is under the preliminary estimate.
RECOMMENDATION
Authenticate the City Manager's signature for Change Order No. 6, Indian River
Cotmty Project # DW-93-30-DS.
MASTELLER & MOLER, INC.
- CONSULTING ENGINEERS -
October 31, 1995
M_r. loel Koford
City Manager
City of Sebastian
1225 Main Street
Seba~t, ian, Florida 32958
RE: Indian River County Project grUW-93x30-DS
Route 510/US gl Water Transmission/Sebastian Riverfront Area
Change Order #6
Dear Mr. Koford:
Enclosed are five (5) copies of Change Order #6 for your review and signature. The change order
adjusts final quantifies and adds services for vacant properties. Please sign all copies and forward
to W'flliam F. McCain at the indian River County Utilities Department as soon as possible in order
that he may process to the County Commission for their approval.
Respectfully,
MASTELLER & MOLER, INC.
Michael Delaney
Project Manager
MD/vk
Enclosures
cc: Fmr~ Ashcr
William F. McCain
File #9459LB
(Jkl03195.doc)
1623 N. U.S. Highway 1, Suite 82
Sebastian, FL 32958
(407) 589-4800
(407) 589-2742 Fax
7380 Murrell Road, Suite 106
Melbourne, Florida 32940
(407) 255-1175
(407) 253-4439 Fax
m
~ CHANGE ORDER (co9459~5.w$)
CONTRACT CHANGE ORDER
j';;;;;i;Z----;;;;;;;i';;;;;;;;';;;;-'-';;;;i;;;;;;-----' ..........
E 10/30/95 REVISED CONTRACT PRICE $745,834.26
ME INDIAN RIVER COUNTY PROJECT #UW-93-30-OS/SEBASTIAN RIVERFRONT AREA
ER INDIAN RIVER COIJNTY
~ UNIT PRICE REV. TOTAL
MmDESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE CHANGE CHANGE PRICE
MOSlLIT_ATION 1 LS 30,000.00 30,000.00 0 0.00 30,000.00
i ' OIA. 0IP/PVC ~ 0 LF 22.00 0.00 0 0.00 0.00
OIA. DIP/PVC gM 4,760 LF 8.60 40,936.00 -283 -2,433.80 38,502.20
DIA. OlP/PVC WATER MAIN 1,200 LF 6.50 7,800.00 *157 -1,020.50 6,7-/9.50
:Z" 3IA. GATE VALVE 0 EA 1,200.00 O.OO 0 0.00 0.00
i D[A. GATE VALVE 17 EA 400.00 6,800.00 -2 -800.00 6,000.00
DIA, GATE VALVE 6 EA 350.00 2,100.00 -1 -~50.00 1,750.00
E HYDRANT A~SLJMBLY 0 EA 2,000.00 0.00 0 0,00 0.00
FITTINGS 8.78 TON 5,000.00 43,900.00 -1.18 -5,900.00 38,000.00
16" OIA. AERIAL CROSSING 0 LS 5,100.00 0.00 0 0.00 0.00
t EUAL[ RESTORATION 20 LF 7.00 140.00 11 77.00 217.00
ROAD RESTORATION 400 LF 20.00 8,000.00 168 3~360.00 11,360.00
DRIVE RESTORATION 1,935 LF 15.00 29,025.00 -519 -7,785.00 21,240.00
NON-PVO DRIVE RESTORATION 1,660 LF 2.00 3,320.00 215 430.00 3,750.00
I 12,665 LF 1.80 22,797.00 555 999.00 2~,796.00
iOlA. LONG SERVICE U/ 2 EA 1,000.00 2,000.00 4 4,000.00 6,000.00
[TER BOX
2" DIA. SHORT SERVICE W/ 3 EA 400.00 1,200.00 1 400.00 1,600.00
i TER BOX
ZOLA. LONG SERVICE W/ 13 EA 500.00 5,500.00 13 6,500.00 13,000.00
iTER BOX
OIA. SHORT SERVICE W/ 21 EA 400.00 8,400.00 10 4,000.00 12,400.00
METER BOX
SmVEY,STAKEOUT,ASBUILTS 1 L$ 10,~62.00 10,362.00 0 0.00 10,36~.00
B~/INSURANCE 0 LS 5,500.00 0.00 0 0.00 0.00
J~( & BORE US #1 0 EA 20,500.00 0.00 0 0.00 0.00
2" BLOWOFF 16 EA 350.00 5,600.00 -6 -2,100.00 3,500.00
J~{PER ASSEMBLY 0 LS 4,800.00 O.O0 0 0.00 0.00
OIA. DIp WATER MAIN 10,720 LF 28.43 304,769.60 437 12,47_.3.91 317,193.51
'moiA. BFV 22 EA 1,710.00 37,620.00 0 0.00 37,620.00
=~E HYDRANT ASSEMBLY 26 EA 2,203.48 57,290.4~8 2 4,406.96 61,~g?.44
~6" DIA. AERIAL CROSSING 1 L$ 6,100.00 6,100.00 O 0.00 6,100.00
~/?SURANCE 1 LS 10,33~.77 10,339.77 0 0.00 10,~3~.77
'~ m BORE 1 CS 21,497.52 21,497.52 0 0.00 21,497.52
~{IA. LONG SERVICE W/METER 32 EA 541.00 17,212.00 -6 -3,246.00 14,0~.00
BOX ON 16"OIA. ~1 (ONLY)
I'~BOIA. SHORT SERVICE W/METER 21 F.A 427.50 8,977'.50 4 1,710.00 10,687.50
~( ON 16" DIA. gM (ONLY)
J[~ER ASSEMBLY 1 EA 6,870.~3 6,870.93 0 0.00 6,870.93
l~" DIA. LONG SERVIC~ W/(2) 0 EA 1,125.00 0.00 4 4,500.00 4,500.00
~ETER BOXES ON l&" OKA.gM (ONLY)
{tOlA. SNORT SERVICE W/(2) 0 EA 800.00 0.00 4 3,200.00 3,200.00
U~R BOXES ON 16" DIA.gM (ONLT)
I'h'm'OlA- LONG SERVICE W/(2) 0 EA 1,000.00 0.00 2 2,000.00 2,000.00
IETER BOXES ON 4" & 6" 0IA. WM
i. OIA. SHORT SERVICE W/(2) 0 EA 765.00 0.00 4 3,060.00 3,060.00
iR BOXES ON 4"& 6" OIA.gM
'DIA. SERV.(250 CF ~) W/(1) 0 EA 1,?95.00 0.00 I 1 7~.00 1,795.00
METER BOX '
?'~IA. SERV.(350 LF ~)W/(2) 0 EA 2,800.00 0.00 1 2,800.00 2,800.00
'_~IA- SERV. & (2) METER BOXES
'C~ WRAP 0 LF 1.00 0.00 11,157 11,157.00 11,157.00
EMOVAL & DISPOSAL OF CONCRETE 0 EA 150.00 0.00 6 900.00 900.00
EPAIR OF UNKNOWN ELECTRICAL 0 LS 530.39 O.O0 1 530.39 530.39
t LY TO HURRICANE HARBOR P.S.
EY STAKEOUT/AS-BUILT OF 0 LS 1,562.50 0.00 1 1,562.50 1 562.50
L SERV. AFTER SUBSTANTIAL '
OMPLETION
S699,657.80
m46,176.46
$745,834.2~
1.9. 3. Chanqe Qr_der (CoDt' d). Page _2 of 2___
CONTRACT CHANGE ORD.E..R ' '
CHANGE ORDER NO. __6__ ORIGINAL CONTRACT PRICE: ~ ..699,6~:80
DATE: October 30, 1995 REVISED CONTRACT PRICE: $ 745,834....26
JOB NAME: I~DIAN RIVER COUNTY PROJEC..T. ~UW-93r3...0-DS/SEBAST_I.~ .......
RIVERFRONT ARF~.
OWNER: INDI .A~._.. RIVE. R COUNTY ...........
***********************************************************************
The amount of the Contract will be (~~9)(INCREASED)(~)Z~%~O) ~Y
the ~uau of: Fortv Si__x Thousand One Hundr...ed Se.venty.rsix..Dollar.s and
(written amount)
46/100 Dollars ( $ 46,1!6.46 ~.
The Contract total including this Change order will be:
Seven Hundred Forty-Five Thousand Eiqht Hundred Thirtv-four ...D_ollars
............. (written amour%) "'
26/100 Dollars (.$ .7..45,834, ~.
The Contract Time provided for Project Completion will be (~~~)
~INCREASED ) ~~k~) : FORTY. iFIvE -- ... Days.
( -&~hi~5 docUment) will become a supplement to the Contract and all
provisions will apply hereto. ,
******************************************************************
ENGINEER:
OWNER:
OWNER:
Masteller & }(o.l. er, Inc.
DATE:
DATE:
Indian River County. Commission, Kenneth R. Macht, Chairman
Joel Kofo.r...d, City Manager
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Craven Thompson
Su[}~lemental Agreement #6
Approval For Submittal By:
City Manager Q~/~
AGENDA NO.
c,,. / '...
Dept. Origin: City Manager
Date Submitted: 11/06/95
For Agenda Of: 11/15/95
Exhibits: - Supplemental
Agreement #6 From Craven,
Thompson &Associates, Inc., for
Conceptual Stormwater Master Plan
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
During the recent City Cotmc/1 Workshop, John I-Iill of our consulting engineering firm
for stormwater management (Craven, Thompson & Associates, Inc.) provided a
presentation regarding the work necessary to prepare the "Conceptual Stormwater
Management Master Plan. The attached Supplemental Agreement No.6 is in response
to the City request for cost estimates. The proposal is for a fee not to exceed $52,500
($17,500 monthly for three months), and the direct cost plus 10% for base data maps
that the consultant may require with a not-to-exceed $2,500. The top figure for the
proposal would be $52,500 + $2,500 or $55,000.
RECOMMENDATION
Discuss and take the appropriate action.
SUPPLEMENTAL AGREEMENT NO. 6
This Supplemental Agreement made and entered into this
day of , 1995 by and between the CITY OF SEBASTIA/~,
FLORIDA, hereinafter referred to as "CITY" and CRAVEN THOMPSON &
ASSOCIATES, INC., hereinafter referred to as "CONSULTANT."
WHEREAS, the CITY and the CONSULTANT entered into a
Professional Services Agreement dated June 16, 1995; and
WHEREAS, the CITY desires the CONSULTANT to perform specific
services under such Agreement; and
WHEREAS, the CITY and the CONSULTANT desire to reduce to
writing their understandings and agreements pertaining to such
services,
IT IS, THEREFORE, AGREED as follows:
1. Scope of Work: The CONSULTANT shall do, perform and
carry out in a satisfactory and proper manner the work set forth in
the Scope of Work which is attached hereto and marked as Schedule
"A" and hereinafter referred to as "Scope of Work."
2. Time: The CONSULTANT shall commence work on the Scope of
Work upon receipt of this Supplemental Agreement No. 6 executed by
the City Manager. The CONSULTANT shall deliver the Conceptual
Master Plan for the Surface Water Management System to the city
Manager within sixty (60) days of the execution of this Addendum
No. 6. Time is of the essence in performance of all work under
this Supplemental Agreement.
3. C~Densation: The CONSULTANT shall be paid on the basis
established in Attachment 32 to the Professional Services
Agreement, provided the compensation under this Supplemental
Agreement shall not exceed the sum of FIFTY-TWO THOUSAND FIVE
HUNDRED DOLLARS ($52,500.00). The CONSULTANT shall bill the CITY
based on the hours actually expended, which charges shall not
exceed the amount of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS
($17,500.00) per month for each of the three (3) consecutive
monthly billing periods following the execution of this
Su~plemental Agreement No. 6. Such sum shall be the only
compensation to which the CONSULTANT is entitled under this
Supplemental Agreement No. 6.
The costs of obtaining base data maps in digital or hard copy
form, including additional prints and copies as may be required by
CONSULTANT, CITY or permitting agencies will be billed to the CITY
by CONSULTANT at CONSULTANT'S direct cost plus ten percent (10%)
for handling costs. The costs of such base data maps shall not
exceed TWO THOUSAND FiVE HI/NDRED DOLLARS ($2,500.00) without prior
approval by the CITY.
4. Payments: The CONSULTANT shall submit an invoice for
payment at the end of each month and at the completion of the work.
The request for payment shall be in the form and in the manner
required by the CITY. The request for payment shall specify the
percentage of each task which has been completed that is covered by
the payment request.
5. Travel Costs: The CONSULTANT shall be reimbursed for
travel in accordance with the provisions of Section 112.061 of the
Florida Statutes. Ail travel shall require the prior approval of
the City Manager.
6. Termination for Cause: If, through any cause, the
CONSULTANT shall fail to fulfill in timely and proper manner its
obligation under this Supplemental Agreement, or if the CONSULTANT
shall violate any of the covenants, agreements or stipulations of
this Supplemental Agreement, the CITY shall thereupon have the
rig~t to terminate this Supplemental Agreement by giving written
notice to the CONSULTANT of such termination and specifying the
effective date thereof, at least fifteen (15) days before the
effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, and reports prepared by the CONSULTANT shall,
at the option of the CITY, become the property of the CITY and the
CONSULTANT shall be entitled to receive reasonable compensation for
any satisfactory work completed on such documents and other
materials which the CITY retains.
7. Termination for Convenience of the city: The CITY may
terminate this Supplemental Agreement at any time by giving written
notice to the CONSULTANT of such termination specifying the
effective date of such termination. In that event, all finished or
unfinished documents and other materials, as described in Paragraph
7 above, shall, at the option of the CITY become its property. If
this Supplemental Agreement is terminated by the CITY as provided
herein, the CONSULTANT will be paid an amount which bears the same
ratio to the total compensation as the services actually performed
bear to the total services of the CONSULTANT covered by this
Supplemental Agreement, less payments of compensation previously
made. If this Supplemental Agreement is terminated due to the
fault of the CONSULTANT, Paragraph 7 hereof relative to termination
shall apply.
8. Professional Se. Rices. Aqreement: All the terms and
conditions of the Professional Services Agreement between the CITY
an~ ~the CONSULTANT are incorporated into this Supplemental
Agreement as if fully set out herein unless such terms or
conditions are specifically superseded by the terms or conditions
of this Supplemental Agreement.
9. Price Reduction for Defective Cost of Pricing: The CITY
and the CONSULTANT understand and agree that this Supplemental
Agreement and any additions thereto shall be adjusted to exclude
any significant sums by which the CITY determines the CONSULTANT'S
price was increased due to inaccurate, incomplete or noncurrent
wage rates or other factual unit costs. Ail such adjustments shall
be made within one (1) year following the end of this Supplemental
Agreement. This Supplemental Agreement is made pursuant to the
requirements of Chapter 287, Florida Statutes.
10. Covenant A~ainst Contingent Fees: The CONSULTANT
warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the
CONSULTANT to solicit or secure this Supplemental Agreement and
that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee
working solely for the CONSULTANT any fee, commission, percentage,
gift or any other consideration contingent upon or resulting from
the award or making of this Supplemental Agreement. For the breach
or violation of this paragraph, the CITY shall have the right to
terminate this Supplemental Agreement without liability and, at its
discretion, deduct from this Supplemental Agreement
otherwise recover, the full amount
percentage, gift or.consideration.
!1. Waiver: The waiver of
CONSULTANT'S obligations or duties
of such fee,
price, or
commission,
the CITY of any of the
under this Supplemental
Agreement shall not constitute a waiver of any other obligation or
duty of the CONSULTANT under this Supplemental Agreement.
hereto have placed their
day of ,
CONSULTANT:
CRAVEN THOMPSON & ASSOCIATES,
INC.
IN WITNESS WHEREOF, the parties
respective hands and seals this
1995.
CITY:
CITY OF SEBASTIAN
By: By:
Joel Koford, City Manager
John V. Hill, P.E.
Vice President
Add~ess ~oc g~v~ng no=~ces:
1225 Ma~n Street
Sebastian, FL 32958
Address for g~v~ng notices:
2770 Indian ~ver 8ou£evard, Suite 301
Veto aeach, FL ~2958
SCOPE OF WORK
CONSULTANT shall prepare a Conceptual Level Stormwater
Management Master Plan for the Stormwater Management System (SWMS)
for the City, along with Conceptual Level Cost Estimates:
Using the best available existing base data (which will
include plans and as-builts as available from the City and
Atlantic Gulf Communities) develop an "existing system" map,
which will be the basis for the Conceptual Master Plan. New
survey data will not be obtained for this Conceptual Level
Plan; surveys will be obtained "as-needed" on a project basis.
Using current design standards in accordance with City Codes
and Ordinances, and other appropriate regulations, prepare a
Conceptual Stormwater Master Plan for the Stormwater
Management System (SWMS) which:
Identified Major Basin and Sub-basin boundaries, flood
routings
Identifies major System Components: Stormwater
Management System Components (canals, culverts,
drainageways, basins, dams, etc.) to be added or improved
in order to bring the system into compliance with current
standards.
Identifies and prioritizes (on a flooding criteria basis)
the suggested order of improvements to System Components.
Provides Conceptual Level plans for typical Sub-basin
components necessary to bring the typical Sub-basin up to
current standards.
Provide Conceptual Level Cost Estimates for construction
of the SWMS.
With input and assistance from the City, develop conceptual
level maintenance schedules and annual maintenance costs to be
used in developing conceptual financing alternatives for the
SWMS o
With input and assistance from the City, develop conceptual
level financing alternatives for the SWMS.
Present SWMS Conceptual Master Plan, Cost Estimates, and
financing alternatives to Council at the direction of the City
Manager.
Consultant shall provide to the City twelve (12) copies of all
plans, reports, letters, and other documents. Consultant
shall provide to the City two (2) copies of photographs or one
(~) set of reproducible photo negatives.
SCHEDULE "A"
I
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 c3 FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Vero Beach/Indian
Ri~r Recreation
Approval For Submittal By:
City Manager
/
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 11/27/95
For Agenda Of: 12/06/95
Exhibits:
- Letter dated 9/20/95 from
Patricia Callahan, Vero Beach/
Indian River County Recreation
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
On Friday, October 27, 1995, a copy of the letter from Patricia Callahan, Director of
Recreation for Indian River County, was included within the weekly report from my
office. As a result of your review and subsequent comments to me, I am placing this
item on the agenda for your consideration.
At issue is the current capability of the City to adequately monitor and control the use
of our facilities by various special interest groups and individual citizens. This event
becomes particularly important during the special activity seasons ( ie football and
soccer). Also, there is a continuing increase in interest for adult use of the
baseball/softball and soccer grounds.
The County is currently serving m Sebastian and has therefore, recreational
representation available. If we utilize the auspices of the County Recreation
Department, we would not need an employee dedicated to this same type of function,
and since the County is offering tkis assistance without additional funding from the
City, it would appear prudent to begin a working relationship and evaluate the
advantages vs disadvantages over the next twelve (12) months.
RECOMMENDATION
Au~thfirize the City Manager to negotiate the terms and conditions and present a formal
agreement at the first City Council Meeting in January, 1996.
Vero Beach/Indian River County
I Recreation Department
1725 - 17th Avenue
Vero Beach, Florida 32960
(407) 567-2144
(407) 778-7496 Fax
iatricia A. Callahan
Director
l, agi J. Wilkes
ringer of
I~isure Programs
lethel Creek H~'us~
Io6m m unity Center
6 [4th Avenue
"Riverho u~
305 Acacia Road
(~bi 8urdick
lities Manager
`) 770-6517
20, 199~
Received
Ci~l Managers
Office
sches & Water Safety
N. A1A
Michael Serlo
0Perwsor
7) 234-8375
Gilford Park
.y43 rd Court
Staley
'S-upervtsor
(407) 567-7652
iwanis-Hobart Park
5350 77th Street
iiaba~o, FL
chaet Radatona
pervisor
3705 16th Street
r7) 770-6500 Office
7) 770-1.854 Fax
inierside Racquet Complex
se Martiuello
Tennis Manager
350 Dahlia Dane
7') 2..31-4787
A SMILE IS A GIFT
YOU CAN GIIrE EVERY DAY
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 g FAX (407) 589-5570
AGENDA TRANSMITTAL
SIdB~JECT: City Charter
Approval For Sub (~tal By:
City Manager .~-/'
)
)
)
)
)
)
)
EXPENDITURE
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 11/28/95
For Agenda Of.' 12/06/95
Exhibits:
- Recommended Changes
to City Charter
AMOUNT
APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The following recommended changes to the current City Charter are provided to you for your
consideration. Because of changes in laws, economic condition, or interpretations by the
Courts, a City Charter should be rev/sited approximately every ten (10) years. The basic
Charter was adopted by Ordinance 0-78-9 on October 9, 1978, and approved at referendum
on December i i, 1978. The Charter became effective on January 1, 1979. The last Charter
amendment was approved by referendum in March, 1994 and amended the airport
provisions.
The proposed changes to the City Charter are as follows:
(1)
Emends the lease per/od for airport property from the current twenty (20) years
to read fifty (50) years. We are not competitive with Vero Beach and
Melbourne with a twenty (20) year lease limitation.
(2)
Changes the term of office for the Mayor and Council Members by increasing
the length of term for the council members from the current two (2) years to
read four (4) years, and requires the Mayor to be elected, at large, for a two (2)
year term. This means that the Mayor and two (2) members of council would
be elected every two years rather than the current ever year election.
(3)
Deletes the Charter officer reference and places the City. Clerk as a deparunent
head under the City Manager.
(4) Clarifies various administrative procedures.
A ~ecial Workshop should be conducted in December and the final approved changes
requir/_ng a referendum should be adopted m January for the March election.
RECOMMENDATION
/3--
Accept the proposed changes for workshop discussion on , December~1995, at
An act relating to municipal elections; amending s. 166.021, P.S.; authorizing
amendment of ~ special law or municipal charter for the purpose of
changing election dates and qualifying periods for candidate~, including
any changes in terms of office necessitated thereby, without referendum;
creating s. 100,3605, P.S.; providing for application of the Florida Election
Code to municipal elections in the absence of an applicable special act,
charter, or ordinance provision; prohibiting the adoption of a charter or
ordinance provision which conflicts with or exempts a municipally, from
any provision in the Florida Election Code that express}y applies to mu-
nicipalities; providing for change of qualifying periods and election dates
by ordinance and for the orderly transition of office; providing an effec~
tire dat~.
Be It. Enacted by the Legislature of the State of Florida:
Section 1. Subsection (4) of section 166.021, Florida Statutes-, 1994 Supple-
ment, is amended to read:
166.021 Powers.--
(4) The provisions of this section shall be so construed as to secure for munici-
palities the broad exercise o£ home rule powers granted by the constitution. It is
the further intent of the Legisiature to extend to municipalities the exercise o£
powers for municipal governmental, corporate, or proprietary purposes not
press}y prohibited by the constitution, general or special law, or county charter and
to remove an), limitations, judicially imposed or otherwise, on the exercise of home
rule powers other than those so expressly prohibited. However, nothing in this act
shall be construed to permit any changes in e special law or municipa] charter
which affect the exercise of extraterritoria] powers or which affect an aree which
includes lands within and without e municipality or any changes in e special isw
or municipal charter which affect the creation or existence of e municipality, the
terms of elected officers and the manner of their eiection excent for the seiection
of election dates and ~ualifvin~ ~eriods for candidates and for chan~es in
of office necessitated by such changes in election dates, the distribution of powers
amon[~ elected officers, matters prescribed by the charter relating to appointive
boards, any change in the form of governmem, or an)' rights o£ municipal employ-
ees, without approval by referendum of the electors as provided in s. 166.031. Any
other limitation o£ power upon any municipality contained in any municipal char-
ter enacted o~ adopted prior to fiuly !, lg73, is hereby nullified and repealed.
Section 2. Notwithst~ndin~ the provisions of any special act enacted prior to
or simultaneously with the enactment of this ac~, section 100.360,~, Florida Stat~
utes? is created to read:
10(3.3605 Conduct of municiDa] e.lections.--
..... e FIorid~ Ll~c_t~:f~~f._~_9~-10~, shall ~overn the conduct o~
muni~~~o~~bsence of an applica~ct, charter, or ~
~~ision, No charter or ordinance provision shall be adooted.wh~h con.
~lt ~g~~~ a mu.~i~litv from any vrov[s~n in the Florida Electiop
~hat. exvresslv aopli~s to municivatitie~
l~~nmg h~ of a munlcioalitv msv~ by ordinance, chnnge the dat~
~r ~plifying ~~he election of members of the ~overning body of the munici-
~¥ and orovide for the orderly transRio~ of office resultin~ from such dah~
Section 3. This act shall take effect January t, 1996.
Became a law witi~out the Governor's approval May 10, 1995.
Filed in Office Secretary of State May 9. 1995.
ARTICLE I. CREATION AND PO~VERS
Sec. 1.02. Extraterritorial powers.
(7) Airports. To purchase, acquire, take hold, establish, construct, equip,
maintain and operate municipal airports, landing fields, hangars, aviation terminals
and administration buildings, nmways, depots, warehouses, garages, repair shops, oil
and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and
o~er aircraft, and to acquire or lease any and all real property within the corporate
limits, or within ten (10) miles of the boundaries thereof, for such purpose; to set apart
and use for such purpose any real property owned or leased by the city, whether or not
originally acquired by condemnation, purchase or lease for another purpose; to adopt
and enforce reasonable rules and regulations governing the use of such mumcipal
airports; to employ airport directors, a/rport managers, employees or agents in
connection with such operation; to impose fees or charges in connection with the use
of such airport or airport facilities; to sell gasoline or other supplies necessary in
connection with the operation of such airports; to provide lounges, eat/ng places,
refreshment parlors and other facilities in connection with such municipal airport; to let
or lease to private persons or corporations portions of said a/rports for building sites,
hangar space, concessions or other uses for a term not to exceed ~ v/v6mv?--(24)
years; to prescribe and promulgate reasonable rules and regulations for the operation;
to accept and receive grants from the state and federal governments and any body
politic for the construction, maintenance, operation and management of such airport
facilities.
ARTICLE lI. CITY COUNCIL
Sec. 2.01. Composition.
There shall be a mayor and a city council consisting of ~ four J4) council
members elected by the qualified voters of the city at large.
Sec. 2.03. Election.
(a) There shall be held a general election for a mayor and of ~o (2)
council members on the second Tuesday in March of each even numbered year
commencing with the ~eneral election in March, 1998. For members of the city
couhcil whose terms exoire in.March, 1997,.the general election shall be for three
(3) years. Thereafter, a general election shall be held in each even numbered year
to fill offices whose terms expires or when a vacancy in office exists.
(c) During the oen'od between the general election of March. 1996 and
March, 199..8~ the office of the mayor shall be filled bv the procedure in effect
prior to the ~eneral election of Marc. h..~. 1966.
Sec. 2.04 Terms.
(a) The terms of the cc"~ci! ~mber: mavor shall be two (2) years and for
members of city council four (4) y.ears, or ant//a successor has been duly elected or
appointed and sworn.
(b) The term of each newly elected mayor and council member shall beg/n
on the Monday following the election, at a special meeting of the city council to be held
for the purpose of swearing in such newly elected officials. If a regular city council
meeting is to be held the Monday following the election, the newly elected officials
shall be sworn in at the conclusion of such regular meeting.
Sec. 2.06 Mayor; vice-Mayor.
(a) (-b-) Mayor - Duties, general. The mayor shall preside at each meeting
of the city council, shall have a vote upon matters before the city council, but shall not
possess a veto power. The mayor shall have the power to preserve peace and order,
be recognized as the head of the city government for all ceremonial purposes, and shall
be recognized by the governor as the head of the city government for purposes of
military law. The mayor shall sign all contracts, bonds, debentures, franchises and
official documents on behalf of the city as directed and author/zed by the city council,
which shall also be attested by the city clerk.
(b) ~ Vice-mayor - Selection and term. At the first regularly scheduled
city council meeting subsequent to the second Tuesday in March, the city council shall
elect a vice-mayor from among its members. The term of the vice-mayor shall be one
year or until his or her successor is elected.
(c) (-4) Vice-mayor - Duties, general. In the absence or disability of the
mayor, the v/ce-mayor shall serve as a mayor during such absence or disability. In the
absence or disability of both the mayor and vice-mayor, the senior member of city
council shall serve as mayor during such absence or disability.
Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies.
(c) Filling vacancies. In the event of a vacancy in the office of mayor or of
a council member, the city council shall appoint a person having the qualifications of
council member to occupy such office until the earl/er of (1) the seating of a successor
elected by the electorate of the city at the next general municipal election for the city
where the qtml/fsfing period for seeking election for council members has not exp/red,
or~('2) for the remainder of the unexpired term of ewemci! office in which the vacancy
exists.
Sec. 2.10. City council-employee relationship.
Neither the mayor or members of the city council nor any of i'm members shall
in any manner dictate the appointment or removal of any city employee e,x<-ept-t~
chaffer officers nor shall the mayor or members of the city council ~r an)' of its
member-s-~ve orders to any employee, other than city council orders, te-a-eha~
~ The city council o~smaeml~+m shall implement all policy matters through the
.... ...4~,~ ~h~.,~ ~.~ city manager.
ARTICLE LII. ADM/NiSTRATION AND LEGAL DEPARTNfENT
DIVISION 1. GENERALLY
Sec. 3.01 Creation.
(a) The city council may after receivin~ recommendation from the city
manager, establish city departments, office or agencies in addition to those expressly
created in the er ....
~"~ ..... ;~ No~i~st~g ~e foregoing sentence, no ~chon spec~c~ly
assi~ed in ~e Ciw Cheer to a pmc~ dep~ent, office or agency may be
discontinued or reassi~ed to a ~fferent dep~ent, office or agency by ~e ciW
co~cil, except to ~e extent ~lowable ruder ~e promsions of ~e CiW Cheer.
Sec. 3.02. Appointment of~ appointed officers.
The ~:axer ,wm--,--,~,~,,~ city attorney and city mana~.er shall be appointed by the
city council and serve at the pleasure of the city council subject to the provisions of
section 3.03 of this article.
Sec. 3.03.
Removal of ~
appointed officers.
(a) Any ,officer appointed bv the City Council may be removed bv a
mai0, rity,, vote of the city council after a public hearin~ is called for the specific
Imrpose of addressing the removal and in accordance with the provisions of the
employment contract.
Sec. 3.04 City manager; powers and duties.
(a) The city manager shall be the executive officer and the chief
administrative officer of the city. The city manager shall become vested in
accordance with the employment agreement between the city manager and the
city. The city manager sba. Il, as the executive officer of the city. require the laws
and ordinances of the city to be faithfully executed and enforced~ and as the chief
administrative offi..c.e_r, shall implement the l~olicies of the city council as
l~romuleated from time to time.
(c) The manager shall direct and supervise the administration of all departments
o~[the city except the offices-of the ~ city attorney. He shall attend all city
council meetings unless excused by ~ mayor or city council and shall have
the fight to take part in discussions, but not vote.
(e) The city manager shall-~,~ ~ ......... v,~v.~,, ~,-..4 submit the annual budget, budget
message, and capital imorovement program b..udget to the city council and shall keep
the city council fully advised as to the financial condition and future needs of the city,
and shall make such recommendations to the city council concerning the affairs of the
city as he deems desirable.
Sec. 3.05 City clerk.
-m,~ r,:~, ..~,~,-t~,h~m There shall be a city clerk appointed bv the city
manager and who shall give notice of city council meetings to its members and the
public, keep the journal of its proceedings and perform such other duties as are
assigned to the clerk by ~:o ~,, .... ~--' the city manager ...... ~
ARTICLE IV. ELECTIONS
Sec. 4.08. Same - City canvassing board; canvass of election returns.
(a) If the city is not holding its election as a part of the election for indian
River County, Florida, the city managgr cder4~ shall appoint a city canvass/ng board
to be composed of three (3) individuals; one (1) member shall be the city clerk and
the remaining two (2) members shall be electors of the city appointed by the city
manager c4er-~. The city clerk shall act as chairperson of the city canvassing board.
Sec. 4.12.
Election procedures; tie vote.
6
(a) In all general or special elections, the candidates receiving the highest
vote in each of the offices of council member to be filled, shall be elected for v~:c,
year- four (4! year terms, or the balance of the term.
Sec. 4.14. Interim government.
Should a condition arise where there should be no city council serving, either
through death, resignation or otherwise in the interim until a special election can be
called to fill such vacancies, the mayor ehty-oter-h shall have the power to fill the
vacancies until successors are elected and such city council so appointed shall call a
spec/al election as provided by this Charter. In the event of the inability or refusal of
the mayor ~ to serve in such capacity or to fill such vacancies, within five (5)
days at~er such condition arises, the c. jtv manager maym: shall do so. In the event of
the inabihty or refusal of the .city manager mayo~ to act within twenty-four (24) hours,
the city clerk "-~;~ ~,c..,.~,.~ shall do so.
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