HomeMy WebLinkAbout02061990 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
February 6, 1991
Mayor Conyers and City Council ~
Ka%hryn M. O'Halloran ~
City Clerk
2/6/91 Agenda Item No. 91.041 - San Sebastian Springs
West Request for Time Extension
Please note that, although the printed agenda states "twelve
months", the requested and recommended extension period is
eighteen months as stated in the backup materials.
sam
2/6/91 CITY COUNCIL WORKSHOP MEETING
DOCUMENT LIST
The following is a list of backup materials for each item in
the agenda packet and notation for those agenda items with no
backup.
2/6/91 Agenda
7. WORKSHOP iTEMS
91.001
Review Request for Fence at Schumann Park
1. Staff Recommendation dated 1/29/91
2. Sketch dated 1/29/91
90.290
General Development Corporation Obligations
1. City Manager Recommendation dated 1/31/91
2. City Manager Memo dated 1/29/91 w/ exhibits A
through C
91.038
Public Works Weekend Duty
1. City Manager Recommendation dated 1/31/91
91.039
Implement Volunteer Program
1. City Manager Recommendation dated 1/31/91
91.040
Se
Florida League of Cities Delinquent License Tax
Collection from Insurance Companies - Place on
2/13/91 Agenda for Final Action
1. Staff Recommendation dated 1/29/91
2. FLC dated 1/22/91
3. Proposed Agreement
4. Clerk Letter dated 12/5/91
5. Satellite Beach Ordinance
6. FLC Letter dated 10/31/90 w/attachment
91.041
89.231
San Sebastian Springs West - Request for Twelve
Month Preliminary Plat Time Extension--
1. Staff Recommendation dated 1/31/91
2. Fischer Letter dated 12/21/90
8. MAYOR'S MATTERS
91.042
~ Catherine Mitten - Representative to
National 0r~anization__°n Disability --
1. Schum Letter dated 1/28/91
2. Representative Designation Form
10. CITY ATTORNEY MATTERS
91.043
Charter Provisions Re: Contracts
1. Staff Recommendation dated 1/3/91
2. City Attorney Letter dated 1/23/91
3. City Attorney Opinion dated 1/18/91
4. Section 2.06 City Charter
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTI~ CITY CO~CIL
WORKSHOP MEETING
WEDNESDAY, FEBRUARY 6, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
5. PROCLAMATION/ANNOUNCEMENTS
91.037
Proclamation - Urging Citizens to Fly U.S. Flags
in Honor of Service People in Middle East
6. PUBLIC INPUT
A. Non-Agenda Items
B. Agenda Items
7. WORKSHOP ITEMS
91.001
Review Request for Fence at Schumann Park
(Staff Recommendation dated 1/29/91, Sketch
dated 1/29/91
90.290
General Development Corporation Obligations (City
Manager Recommendation dated 1/31/91, City
Manager Memo dated 1/29/91 w/ attachments)
91.038
91.039
91.040
91.041
89.231
91.042
Ce
Public Works Weekend Duty (City Manager
Recommendation dated 1/31/91)
Implement Volunteer Program (City Manager
Recommendation dated 1/31/91)
F®
Florida League of Cities Delinquent License Tax
Collection from Insurance Companies - Place on
2/13/91 Agenda for Final Action (Staff
Recommendation dated 1/29/91, FLC dated 1/22/91,
Proposed Agreement, Clerk Letter dated 12/5/91,
Satellite Beach Ordinance, FLC Letter dated
10/31/90 w/attachment)
San Sebastian Springs West - Request for Twelve
Month Preliminary Plat Time Extension (Staff
Recommendation dated 1/31/91, Fischer Letter
dated 12/21/90)
8. MAYOR'S MATTERS
w
Appoint Catherine Mitten - Representative to
National Organization on Disability (Schum Letter
dated 1/28/91, Representative Designation Form)
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
10. CITY ATTORNEY MATTERS
91.043 A.
11.
12.
Charter Provisions Re: Contracts (Staff
Recommendation dated 1/3/91, City Attorney Letter
dated 1/23/91, City Attorney Opinion dated
1/18/91, Section 2.06 City Charter)
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
2
City of Sebastian
POST OFFICE'BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:Request for Fence at
Schumann Park
Approved For Submittal By:
'city Manager ~~
Agenda No.
/.Oo /
Dept. of Origin: citizen Request
) Date Submitted: 01/29/91
)
) For Agenda Of: .09 06/91
)
) Exhibits:
) - Sketch drawn by Tim Smith
) Dated 1/29/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMAR_~ STaTEMENt,.
The City has received a request from a property owner adjacent to
Schumann Park for the City to construct a fence around the
basketball court to prevent individuals accidentally coming on to
adjoining private property. The property owner owns the house and
lot at the intersection of Kildare and Schumann. At the January
2, 1991 City Council Workshop, staff was instructed to prepare a
sketch of the area showing the relative distance between the
basketball court and the adjoining property. At its Regular
Meeting on 1/29/91 the Parks & Recreation Committee reviewed the
request and recommends that the city build 50 ft. of fence on the
City property line. Additionally, we provide the following for
your information:
11 1/2 Gauge chain Link
50 Foot
9 Gauge chain Link
50 Foot
6' High $270 6' High $340
8' High $430 8' High $480
10' High $580 10' High $640
Review the request.
RECOMMENDED ACTION
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT: GDC Obligations
Approved For Submittal By:
~ity Manager
Agenda No. ~?~ ~ 0
Dept. of Origin: City Manager
Date Submitted:
For Agenda Of:
Exhibits:
01/31/91
02/06/91
- McClary Memo Dated 1/29/91
with attachments
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On April 6, 1990, General Development Corporation ("GDC") filed
for protection under Chapter 11 of the Federal Bankruptcy Laws.
Since that date, GDC has not met its responsibilities and
obligations pursuant to an agreement with the City signed in
1979. Since that time, the City has made emergency repairs in
Sebastian Highland Units which have not yet been accepted.
Recently, I met with officials of GDC to discuss a possible
agreement which would relieve GDC of its obligations and
responsibilities under the 1979 agreement. Such an agreement
must be approved by the Federal Bankruptcy Court in addition to
the approvals of the City Council and GDC. Given GDC's current
status, it may be in the City's best interest to relieve GDC of
its obligations in return for certain GDC assets within the City.
The enclosed memorandum details GDC's obligations, essential
contract elements and potential assets. At this time, the staff
requests direction from the City Council before proceeding with
future negotiations.
RECOMMENDED ACTION
Review the City's position with respect to GDC and its
responsibilities and obligations within the City.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
M E M OR A H D U M
DATE:
TO:
FROM:
RE:
January 29, 1991
W. E. Conyers, Mayor & Sebastian City Council
Robert S. McClary ~~ '*~--~¢~,--.-~
General Development Corporation
On January 16, 1991, I met with officials of General Development
Corporation ("GDC") to discuss a possible agreement between GDC
and the City. Representing GDC at this meeting were:George
Kulczycki, Ralph "Cap" Cain and Jack O'Neil. Representing the
City were: Randy Mosby and Bruce Moia, who were the engineers
that did the cost analysis of the GDC liabilities, and myself.
The effect of an agreement would be to relieve GDC of its
obligations under the terms of an agreement between the City and
GDC in 1979.
~CXGROUND
On April 6, 1990, General Development Corporation filed for
protection under Chapter 11 of the Federal Bankruptcy Laws.
Since that date, GDC has been unable to meet its obligations
under the terms of the 1979 agreement. That agreement outlined
procedures for the City to accept infrastructure (streets and
drainage structures) constructed by GDC and also required GDC to
maintain certain improvements and to construct others. Since
that time, the City, in order to protect the health, safety and
welfare of its citizens, has made emergency repairs to street and
drainage structures in Units 16 and 17, Sebastian Highlands. In
order to assist GDC in its efforts to reorganize under Chapter
11, to continue to protect the public interest both short term
and long term and to ensure that the City is properly compensated
it would be prudent for the City to enter into an agreement with
GDC.
By relieving GDC of its obligations, the City would assume
responsibility for the maintenance of infrastructure (streets and
drainage) built to-date. However, it must be understood that the
City. is~ot,.'assuming GDC's responsibilities under the 1979
..agreement, (Example: GDC is required to construct certain
seawalls along the Elkcam Waterway at an estimated cost of $1.2
million. The city may choose to construct the seawalls, or to
install rip rap, or to do nothing.) The point is that the City
of Sebastian is not a developer and must make no pretense that it
is to assume GDC's civil liabilities, responsibilities,
representations or promises. Under no circumstances is the City
committing to construct streets or drainage structures in
portions of Units 16 or 17 which are platted but not improved.
ESSENTIAL CO~TRACT EL_~M~NTS
In order for the City to properly maintain street and drainage
structures constructed by GDC, we must have the necessary
property rights to the real property containing these
improvements. Generally, the filing of a subdivision plat would
provide the proper public dedication of easements and rights-of-
way for street and drainage facilities. However, through the
years GDC has converted residential lots, "park" tracts and other
parcels from their intended use to house drainage structures. In
most cases, this was done in order for GDC to meet it's
permitting requirements for storm water management. The parcels
listed on "Exhibit A" must be conveyed to the City if we are to
maintain the retention ponds or other drainage structures located
on this property. Further, the conveyance of this property should
not be considered "assets", since they are an intricate part of
the drainage systems. Included with "Exhibit A" are the
following:
A - i List of 116 residential building lots and 3
"tracts" converted to drainage parcels in Unit 17. Please note
that Tract "H", Block 574 and Tract "O", Block 593 are
"designated" parks.
A - 2 McClary Letter to GDC, dated 01/07/91, requesting
easement assignments for drainage easements granted by Shiloh
Youth Ranch, Inc. and Gulf Stream Council, Inc., Boy Scouts of
America.
A - 3 List of parcels in Unit 17 converted to drainage
use. (Not included in McClary letter dated 11/30/90) Please note
that these tracts are "designated" parks.
A - 4 Lots necessary for access to a drainage control
structure ( an earthen dam) on the Elkam Waterway.
A - 5 A Unit 16 tract converted to drainage.
note that this tract is a "designated" park.
Please
Additionally, GDC must deed the remaining parcels for Hardee
Park. This should not be considered as an "asset" since this is
a "dedicated" park and GDC simply failed to convey this parcel
prior to filing for bankruptcy. There is a difference between
"dedicated" and "designated" park tracts.
GENERAL DEVELOPMENT CORPORATION - LIABILITIES
The following outline lists the obligations and liabilities of
GDC under the terms of the 1979 Agreement. Additional detail is
provided as "Exhibit B" and includes the following=
B - 2
B - 3
B - 4
B - 5
i Mosby and Associates letter, dated 11/30/90:
I. Unit 16 Street and Drainage
II. Unit 17 Street and Drainage
III. Elkam Waterway
IV. Wentworth Ditch
Sub-Total
Construction Contingency (10%)
Total
Rounded
Hosby Letter Dated 12/05/90:
Unit 16 Storm Water Retention
Lake (Collier Waterway)
Emergency Repairs to date
Improperly Aligned Drainage
Ditches
Hosby Letter Dated, 1/31/91:
Repair Englar Bridge over
Collier Waterway in Unit #16
gRAND TOTAL - ALL LIABIL~,IES
$ 220,700
1,364,472
1,531,250
103,834
$ 3,220,256
322,000
$ 3,542,256
$ 3,S42,200
$ 695~100
15,400
197,500
$ 10~000
$ 4,,450,209
GENERAL DEVELOPM_~NT.. C~ORPORAT~,,ON - A$~gET~
In exchange for relieving GDC of its liabilities and obligations
as outlined above, the City may wish to acquire some of the
following real properties: These properties may be further
detailed on "Exhibit C".
C - i
One (1) Residential Lot - Barber
Street Sports Complex
$ 8,000
C - 2
C - 3
C - 4
Two (2) Residential Lots - Airport
Drive East
A Commercial Tract at the
Intersection of Barber & Tulip
Mosby Letter of 1/23/91 - Fleming
Street Extended to S. Easy Street
(Replat portions of Unit 16 SH -
affecting eighteen (18) residential
lots @ $4,000
16,000
365,500
72,000
C - 5
C - 6
Parcels in the portion of Unit 16 SH
which is platted yet not constructed.
Total 27.15 ± acres @ $14,000/acre
Schumann Lake Island in Unit 16, SH
and related tracts. Please note that
Schumann "Lake" is a dedicated drain-
age right-of-way. Total 15.38 acres
@ $14,000
380,100
215,320
C- 7
These are parcels located in Unit 17
SH and designated "Commercial" or not
"designated". Total 19.49 ± acres @
$50,000/acre
974,500
C - 8
This is a tract in Unit 13 which is
designated as "Commercial" by GDC
but zoned RS-10. Total 5.36 acres
@ $14,000
75,040
C - 9
Public Service ("PS") Tracts
outlined on "Exhibit C-9".
Total of 112.81 acres @
$14,000/acre
1,579,340
Sub - Total
Cash
~RAND TOTAL ASSETS
$ 3,685,800
744,400
$ 4~460~200
"EXHIBIT A"
Exhibit A - i
Unit # Block
Lot No.'s
11 555
11 386
16 545
16 612
17 449
17 451
17 462
17 570
17 578
17 579
17 580
17 582
17 584
17 586
17 589
17 596
17 598
10 to 15
2 to 7
12 to 17
10 & 11
i to 11
1to 4
11 to 12
4 to 19
i to 16 & 19 and 20
12 to 14 & 19, 20 & 21
I to 3 & 19 & 19
6 to 11 & 18 to 23
13 to 16
6, 7, & 8; & 19, 10 & 21
4 & 5
12 to 15, & 18 to 22
14 to 17
Total number of residential lots converted to drainage: 116
Also included are three (3) parcels, Tract "O", "H" (park site),
and "X".
~Exhibit A - 2'
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
January 7, 1991
Mr. George Kulczycki
Director of Community Operations
General Development Corporation
5240 Babcock, NE ~202
Palm Bay, FL 32905
Re: Drainage Easements
Dear George=
Enclosed are photo copies of two (2) easements granted to General
Development Corporation for drainage purposes. One of easements
is from Shiloh Youth Ranch, Inc., and the other is from the Gulf
Stream Council, Inc., Boy Scouts of America.
It appears that this property is necessary for the proper
operation and maintenance of much of the drainage system for the
Sebastian Highlands. It would seem logical, since most of the
drainage improvements were accepted for perpetual maintenance by
the City pursuant to the 1979 agreement with General Development
Corporation, that these easements should be assigned to the City
of Sebastian. Therefore, I shall appreciate you initiating
action to have the proper legal instruments written to effect an
assignment of these two (2) easements.
I look forward to hearing from you in the near future.
you have questions, will you please call?
Should
Sincerely,
Robert $.
City Manager
RSM/jmt
MZTNESSETH~
The land whAch is.- the-oub~ee~nat~:er.~easemen
is'~ocated in the County 'o£ Indian R/var, State o£ .Florida, ~ ""'
is more p~t~l~ly, deser~ed as follower ~. ' ' '~.~" '. "::
~'~ o~ Section 14, T~sh~p 3X 8ou~,
~ ~~ o~ Way l~ne o~ ~eland ~ad,. ali ~n said
, ,.%~.~. ~. -. [~ :~. ..... . ....
its successors and assigns ~o=ever. · ''f' ''~ "; ." .' *'
agrees to ~nde~fy Second Party, 'l~s successors ~d assigns,
from all Cl'a~s ~o= d~age, i~ any, arising ~rom'or gro~[ng ou~ "
'" ,.That the Fi=ak Party
one Dollar and other valuable consideration to it in hand ~aid,
the receipt o£ which Is h~reby ackAovledged& does hereby'grant,'
bargain, and sell unto the Second .Party,-its successors and -.
.assigns, a perpetual drainage easement over the following .'"
described property, commencing on the date.of execution hereo£,
for the purpose o£ constructing, usin~ and maintaining a drainage".'
out£all and other allied uses pertaining thereto,' together with'"
full right of Ingress and egress thereto:to°cons.truer, maintain,
· repair, and do everything necessary in'the
· maintenance of'said outfall.
cE such construction and/or matntenanc~ to ~he lands, t£ any,
ob-ned by F~rst Party, l~s successors ~d assigns ~y~ng adjacent'
or conhl~ous to the lands here~n~ove describ~d,
In ~e even~ o~ ~do~en~ by Second Par~,
successors and assign, o~ ~e ~ove~escr~d property as.a
dr~naqe ou2~all, 2he easement f~gh[s hereby q~an~ed shall
cease and reverk to ~e F~rst P~, free ~d c[e~ o~ any
' r[~h~, t~le or Interest of ~e Second p~ty.
The F~s2 Party does her~y ~n~2 w~
and possessed o~ ~e l~d~ ~ove d~scr~bed, ~d ~at
· good and lawfu~ ~gh2 to convey ~t, or ~y pa~t
caused ~ese p~esents to be duly.exe~d In Its n~ by
Presiden2 ~d ~ co~ora2e seal to be hereto a[f~ed,
by ~ks Secret, on ~e day ~d ~ea~ f~fot ~ovo
Signed. sealed and deC,vexed SHI~H YG~H ~,
· ~?ore me, i~e Un~e~s~ned
appeared ~ .k~ ~
to me wel~o~n a~cr~noW~6 n'e
a,d ~h?.~ed ~oregoing.Lns~n~ as ~res~den~ nd BetraYal,
..... ~ ..... g~.'~ ~ before mi '~a~ ~ey mxecu~d
~a~ ~~enc. on o?~az.z o~ ~.ln ~e n~e o~ slid eor~o=a~ton as
sucfl o~cers; ~a~ ~e sea~ e~lxed ~ said ~ns~r~en~ ~s ~he
co~ora~e seal of said co,oral,on ~d ~a~ [~ was'a~f[xed
b7 due and re~Jlar corporate au~ori~t ~a~ ~eY-~e~uI~'au~or[-~ed--
b7 ~aid co~ora~lon to execute sa~d ins~n~ and ~a~ sa~d
Is the free act ~d deed of s~d cor~ra~on.
[~Z :~SS .~E~Oe I have heEe~o . ~ hand 'and a~xed
~ ... r.*. I,~,ml OF EASEHENT'
THIS IHDI~NTURE made this ~.__.~_~ day of
between GULF STREAH COUNCIL, INC. BOY SCOUTS OF AHERICA, ti Florida corpora-
tion as the Firs,t Party, and GENERAL DEVELOPHE~IT CORPORATION, Ii Delaware
Corporation, as the Second Party.
i 0
I~ITNESS£TH:
That the First Party tn consideration of the sum of One Dollar and
other valuable consideration to It In hand peid,"the-i:e~ipt' o~ which Is
hereby acknowledged, does hereby grant, bargain and scl I onto the Second
· Party, its successors and assigns, a perpetual drainage easement o'ver the
roi lowing described property co~nmencing gm .the date of execution hereof, for
the purpose of constructing, using and maintaining a drainage outfall and
other%allled uses pertaining thereto, together with full right of ingress
and egress thereto to construct, maintain, repair and do anything necessary
In the construc'tlon and malntenlnce of said outfell.
The land which Is the subject matter of this llSemant Is located
*in the County of Indian River, State of Florida, and il more partlcullrly.
described es follows.**
BEGINNING it · point 15' more or less North of the Southwest corner
of the NV ~ of the NE ~ of Section Ill, To*mshlp 51 South, Range*~38 £1st where'
the existing drainage ditch on the SHILOH YOUTH RAHCH fio~s into the existing
slough, ditch or Water course M~Ich meanders through the property of GULF STREAH
COUNCIL, INC., BOY SCOUTS OF AHERICA to the South Prong of the SEBASTIAN RIVER
(Sebastian River Drainage District Easement). *'
Said drainage easement Follows the said existing tlough, ditch or
water course as It meanders From the SHILOH YOUTH RANCH propert~ to wher. e it
flows into the South Prong of the SEBASTIAN RIVER.
This is a non-exclusive easement and it is unders.tood and agreed
between the parties hereto that the drainage' canal ~lll*'!?,?,bn~[ructed-at th~
expense of Second Party, and that all expenses pertaining to the cost of this
drainage area will be borne by.Second Party and that the s~me shall serve as
drainage For the remainder of' the property through which this easement runs'
Reserving however, unto First Party the right to have access Itt crossing this
drainage area at any and all times with the proviso that Second Party shall
be obligated to construct or maintain any c~osslng facilities.
TO HAVE AND TO HOLD said easement unto the Second Party, Its
successors and ass. igns forever.
For the consideration aforesaid, Second Party hereby agrees to
indenmify First Party, its successors ~nd assignS, f~om ail clalms for damage.
If any, arising from or gro~ing out of such construction and/or maintenance to
the lands, If any, c~ened by First Party, Its successors and assigns lying adjacent
or. contiguous to the Imnds hereinabove described.---
in the event of abandonment by Second Party, Its $~ccessors and t
.ass. lgns, of the above described property as a dralnpge outfell, the easement'
rights hereby, granted shall cease and revert to the First Party,. free lnd clair
of any r. lght, title or interest of the Second Party.
. The First Party does hereby covenant with the Second Party, Its
successors and assigns, that it is lawfully seized and possessed of the lands
above described, and that I.t has a good and I~r~ful ~lght to convey It, or any
part thereof.
Signed, Sealed end Delivered
in the presence of:
iH ~/ITNESS t/HEREOF, the party of the First Part has caused these
presents to be duly executed in Its name by Its President and its corporate
sea, to be hereto affixed, attested '~Y' its Secretary=~ ~he day and y~-"~r
first above written.
GULF STREAH COUNCIL, iNC., BOY SCOUTS
· OF AHERICA ,
SLATE OF FLORIDA ) SS:
co?~y or ....
i HEREBY CERTIFT that before me, personally appeared' " "'
Charles ~/. Potter and Bob Somers. the President and Secretary respectively
of Gulf Stream Council, Inc. Boy Scouts of ~rlca, a Florida corporally, to
~ kn~n to be the parses described in and ~ho executed the foregoing Instr~nt
and they ackn~ledged the executl~ thereof to be their free ~ct and deed as
such officers, for the uses and purposes therein ~ntloned~ ~nd that they
affixed thereto the offlcl.I seal or s~ld corporatl~ and that said instr~nt
ts the act and deed of said corporati~,
IH VlTNESS VHEREOF, ~ have ~re~to s~.~:~nd official ~eal
~!EXHIBIT A"
Exhibit A - 3
Other Unit 17 lots converted to drainage.
It.may be.necessary for GDU to retain an easement on a portion of
these tracts.
Tract "K"
Tract "M"
Tract "R"
Tract "S"
- BLk 588, Unit 17, Sebastian Highlands
- Blk 599, " " ,, ,,
- Blk 613, " ,, ,, ,,
- Blk 616, " ,, ,, ,,
Exhibit A- 4
Access to Elkam Dam
Lots 11, & 12, Blk 365, Unit 4, Sebastian Highlands
Lots 16, & 17, Blk 354, Unit 11, Sebastian Highlands
Exhibit A - 5
Unit 16 tract converted to drainage. It may be necessary for GDU
to retain an easement on a portion of this tract.
Tract "P" - Blk 560, Unit 16, Sebastian Highlands
MOSBY AND ASSOCIATES, INC.
Hovember 30, 1990
1507 2OTH STREET
PO, BOX 6366
VERO BEACH. FLORIDA 32961
407-569,0035
Hr. Robert S. HcClary
City Hanager
City o[ Sebastian
Post Office Box 127
Sebastian, Florida 32978-0127
Subject:
Sebastian Highlands Units 16 and 17
Sebastian, Florida
Engineer's P£o~ect No. 90-449
Dear Hr. HcClagy:
'As requested~ we have completed our on-site inspection and review
oi the existing roadway and drainage conditions of Units 16 and
17 of the Sebastian Highlands. The purpose of our inspection Has
to determine the extent of the deteriorated roadways and drainage
and to develop a cost estimate for the repair or replacement of
the roadways and drainage structures, Our inspection included
the following items:
I. Unit 16
a. Inspection of the existing roadways.
b. Inspection of the existing roadway curb and gutters.
c. Inspection of the existing drainage ditches.
General inspection of the existing drainage culverts
and structures.
II. Unit 17
inspection of the existing roadways. An inspection
of the newly completed portion of Unit 17~ located
in the southeast section of Unit 17, was not com-
pleted.
November 30, 1990
Page 2
b. Inspection o[ the existing roadway swales.
c. Inspection of the existing drainage ditches.
Inspection of the existing drainage culverts and
III. glkcam Waterway
We performed a general inspection of the Elkcam Waterway
to determine the extent o[ the seawall that has not been
constructed to the west of the Sebastian Ilighlands. We
have provided an estimate of the construction of Elkcam
Waterway drainage control structure. Since we have not
been provided with construction details of the drainage
overflow structure~ the construction cost estimate is sub-
]ect to change.
iV.
Wentworth Street pgainaq~ Ditch
It is our understanding that the Wentworth Street
drainage ditch has been constructed in the wrong location.
Ne inspected the ditch to determine what would be
required to relocate the ditch and the cost of the
improvements,
It should be noted that no inspections were performed
areas where the roads have not been constructed.
in the
We have previously submitted, to your office, the following
documents detailing the findings of our on-site inspections=
Three (3) copies of drawing Sheet 1 of 3 detailing the lo-
cation of the existing drainage culverts and structures,
within Unit 16 and the older portions gE Unit 17.
Three (3) copies of drawing sheet 2 gE 3 and 3 gE
detailing the location of where our construction photo-
graphs were taken and a listing o[ what the photog:aph
depicts fo~ Unit 16 and Unit 17 respectively.
One (1) set of four {4) aerials of Units 16 and 17 in
~hich we have noted the drainage ditches which require
improvements,
An album of photog=aphs taken during our on-site inspec-
tion.
Hr. Robert B. HcClaty
Hovembet 30, 1990
Page 3
The following is a 9enexalizatlon of our findings=
I. Unit 16
The overall condition of Unit 16 is fairly 9ood. All
the roadways require resutfacing with at least one
inch (1") of asphalt. There ate some locations which
require repair to the base and subgrade.
Bince the drainage collection system consists of curb
and 9utter and drop lnlets~ we were unable to determine
the condition of the underground culvert pipes.
the curb and gutter requires cleaning and removal
weeds. Ali drainage ditches require cleaning out.
II.
Uni~ 17
He recommend that all the streets, roadway swales and
drainage structures be replaced and regraded within the
older portion of Unit 17~ south of Elkcan Haterway. The
roadways of the portion of Unit 17, n°rth of glkcan Hater-
way are constructed with curb and gutter and are in fairly
good shape. He have nob included the entire replacement
of the drainage culverts in out cost estimate for this
portion of Unit 17 except for the d£ainage structures
that need immediate repair.
The following is a list of the streets~ along with their
lengths that were inspected. The streets and their
lengths were provided by the City of Sebastian in a memo
from Hr, Dave Fisher dated January 31~ 1990. The pipes'
lengths and sizes, outlined in the following cost
estimate~ ate based on out on-site inspection.
Englar Avenue
Kildate Drive
Ilurtis Drive
LaPlaya ~ane
Indian Avenue
Ala Heda Avenue
Cardinal DElve
Itigh Court
conover Avenue
Ogden Avenue
Unit 16
old, ~xisbinq Streets
?~500'
3~000'
3~000'
1~500~
600'
1~000'
1~400~
1,000~
1~000'
1,000'
Total ..................... . ..................... 21~000 bE
Hr. Robert 8.
November 30,
Page 4
HcClar¥
1990
Unit 17
Old Existinq 8treets
Barber Btreet 2,300'
schumann Drive 8,500'
Filbezt 8treet 3,900'
Hlnchman 2,050'
Nebraska Circle 2,550'
Friar Court 1,750'
Bryant Court 800'
Helton Avenue 1,550'
Lancaste~ Btreet 1,000'
Kart&gan Street 1,ooo'
Larchmont Terrace 3,550'
Landover Drive 1,000'
Redgrave Drive 1,200'
Joy liaven 200'
Curtis 850'
Thunderbird Drive 1,150'
S. East Street (Curb & Gutter) 1,400'
Caprona Street (curb & Gutter) 2,600'
Empress Avenue (Curb & Gutter) 1,900'
Harsh Street (Curb & Gutter) 800'
Dab1 Avenue (Curb & Gutter) 1,400'
Ormand Court (curb & Gutter) 1,000'
Capri Avenue (Curb & Gutter) 2,100'
Englar Drive {600' curb & Gutter) 2,000'
Osceola (Curb & outte~) 800'
Aetna Street (Curb & Gutter) 1,000'
Admiral Circle (Curb & Gutter) 1,900'
Flint Street* (Curb & Gutter) ?00'
Lance Street (Curb & Gutter) 200'
Habry Street (Curb & outte£) 3,330'
Crawford Drive (Curb & Gutter) 2,300'
Sprin9 Valley Avenue (Curb & Gutter) 1,300'
Total ....... * ................................ . .... 58w480 LF
11.08 Hilts
.Hovember 30,
~age 5
The following is the cost estimate for the repair and
reconstruction of the roadways and drainage structures within
..-.~._~i Unlts..16~and ~17. It should be noted that a cost contingency will
~ ...... ~ '.:.be adde~'i~i,t°i,-bh'.'la cost estimate since a very detailed topographic
survey ot the existing roadways and drainage swales was not
provided to determine the actual extent of the deteriorated
d~alnage roadway s~ale. Since there are so many problems within
the Sebastian Highlands~ it could be determined with a detailed
analysis that the entire drainage system may require
reconstruction. Also, it should be noted that the existing pipes
consist o[ corrugated metal pipe which is not acceptable by
today's standards. Our cost estimate is based on the replacement
o[ the culverts with corrugated aluminum pipe.
Preliminary. Cost Estimate
lte___~ ~l_uantlt_~ Unit Cost Cost
I. Unit 16
'1. Resurioce the
Existing Roadways 21,000 LF $ 7.00/it $ 147,000
2. Repair & Clean
Curb & Gutter 42,000 LF $ 1.O0/ft $ 42,000
3. Improve Existing
Drainage Ditches 3,340 LF $ 5.00/it $ 16,700
4. Replace Curb
Inlets 3 Ea. $ 5,000/Ea. $ 15,000
Sub-Total ...........................................
220,700
II. Unit 17
1. Roadway Replacement
w/Swales 34,750 LF $ 16.00/it $
556,000
2. Roadway Resurfacing
w/Cuzb & Gutter 23,730 LF $ 7.00/it $ 166,110
3. Remove Existing
Roadway 34,750 LF $ 3.00/it $ 104,250
Hr. Robert S. HcCla=y
Novembez 30, 1990
Page 6
Item Ouantl~y
Unit Cost
Drainage Culverts
a. 15"0 CAP 15 LF
b. 18"0 CAP 749 LF
c. 21"0 CAP 135 LF
d. 24"0 CAP 374 LF
e. 48"0 CAP 68 LF
f. 54'0 CAP 51 LF
g. 28" x 20" CAP 62 LF
5. Remove Existing
Culverts
1,454 LF
6. Concrete Headwalls
a. 15"0 CAP 2 Ea.
b. 18'0 CAP 36 Ea.
c. 21"0 CAP 2 Ea.
d. 24"0 CAP 14 Ea.
e. 48"0 CAP 2 Ea.
f. 54"0 CAP 2 Ea.
g. Double 18"0 CAP 4 Ea.
h. 17" x 13"0 CAP 9 Ea.
1. 21" x 15"0 CAP 3 Ea.
7. Dispose of Existing
Concrete Headwalls 1 LS
8. Regrade Roadway
Swales
9. Improve Existing
Drainage Ditches
$ 19.00/LF $ 285
$ 23.00/LF $ 17,227
$ 26.00/LF $ 3,510
$ 30.00/LF $ 11,220
$ 97.00/LF $ 6,596
$ llO.O0/LF $ 5,610
$ 40.00/LF $ 2,480
10.Repair & Clean
Curb & GUtter
$ 6.O0/LF $ 8,724
$ 500.00/Ea. $ 1,000
$1000.00/Ea. $ 36,000
$1800.00/Ea, $ 3,600
$2000.O0/Ea. $ 28,000
$4500.00/Ea. $ 9,000
85500.00/Ea. $ 11,000
$1800o00/Ea. $ 7,200
$1600,00/Eao $ 14,400
$1800.00/Ea. $ 5,400
$ 50,000/Ea. $ 50,000
69,500 LF $ 3.00/ft $ 208,500
12,180 LF $ 5.00/ft $ 60,900
47,460 LF $ 1.00/fL $ 47,460
Sub-Total .......................................... ,$1,364,472
III. Elkcam Wate~
Complete Seawall 9,850 LF $ 125.00/ft 81,231,250
Drainage Control
Structure 1 Ea. $300,000/Ea. $ 300,000
Sub-Total ........................................... 81,531,250
Hr. Robert S. HcClary
Hovember 30, 1990
Page 7
iV.
Item
Wentworth
~ Ditch
0uantlty Unit Cost
Fill Existing Ditch 12,963 Cu. Yd. $ 4.00/C¥ $ 58,334
Reconstruct New
Drainage Ditch 13,000 Cu. Yd. $ 3.50/CY $ 45,500
Sub-Total ........................................... $ 103,834
Sub-Total Items Iv IIv III & IV ..................... 83,220,256
Construction Contingency (10%) ..... . ................ $ 322,000
Total Cost... .... . .................................. 83,542,256
Roadway replacement includes new asphalt and coquina base.
The existing soil cement base is proposed to be used for the
requiged stabilized subgrade.
The herein cost estimate is based on a limited amount of time in
the [ield. During construction, as items are uncovered,
additional required improvements may be discovered. The unit
costs for pavement replacement does not include fill nor new
subgrade construction.
We are available to meet and discuss any aspect of this report at
your earliest convenience.
Should you require further
v
Randy~L. Hosb~,~.E.
information,
please call.
RbH:bes
CC
eric.
MOSBY AND ASSOCIATES, INC.
CON~UL'I"IN(3
150'7 2OTH STREET
P,O. BOX 6368
VERO BEACH, FLORIDA 3296
407-569-0035
December 5, 1990
Mr. Robert S. McClary
City Manager
City of Sebastian
Post Office Box 127
Sebastian, Florida 32978-0127
Subject:
collier Creek - Unit 11
General Development Corporation
Sebastian, Florida
Engineer's Project No. 90-101K
Dear Mr. McClary=
Enclosed is a copy of an aerial of the southern portion of Unit
16 and the northern portion of Unit II. As part of th construc-
tion drawings, for Unit 11, a stormwater managment lake was to be
constructed as part of Collier creek construction [, the area
just north of Caravan Street. The enclosed aerial delineates the
area oE the original designed lake which has not been constructed
as part of the original construction of Unit 11. In order to
complete the construction of the lake as designed, we estimate
the construction cost to be as follows:
1. Clearing and
Grubbing 6.7 Acres $3,000/Ac. = $ 20,100.00
2. Excavation 125,000/C.Y. $ 5.00/C.Y. ~ $625,000.00
3. Slope
Stabilization
& Littoral
Zone Planting 1LS = ~_50~000.00
Total ........................................... 8695,100.00
'Hr. Robert S. HcClazy
Decemmber 5, 1990
Page 2
· .' '".'should,~OUver~ul~~,/.~,R~~y/j~,i requlr~4'~., . ,E, information, please call,
/
RLH:bes
ene,
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
EMERGENCY REPAIRS
UNITS 16 & 17
Billed to GDC
Date:
7/7/90
7/23/90
7/27/90
8/28/90
9/14/9Q
9/20/90
9/20/98
9/24/90
10/12/90
10/23/90
ll/1/90
il/l/10
11/20/90
12/19/91
12/20/91
1/10/91
1/15/91
Descr~Pti.on of Repairs
Drainage repair at 112 Kildare Dr.
Culverts over Schumann Waterway
Emergency Signage in unit 17
Amount Billed
& Outstanding
$1,333.04
42.50
418.25
Aquatic weed control- Collier Waterway 1,075.00
Mowing unit 16 & part of unit 17
Road shoulder repair - Englar
Weed control - Cl- Canal/Collier
Unit 16 - Bush hogging ditches
Unit 17 - mowing
Weed control- Cl Canal/Collier
Wood removal/ Lot 1 Block 364 unit 11
Pothole repair Kildare & Schumann
Weed control - Cl Canal/Collier
as of 12-3-90
Mosby & Assoc./road drainage
Weed control - C1 Canal/Collier
Drainage work - Summer & George
Weed control - Cl Canal/Collier
as of 12-3-91
2,000.00
194.00
675.00
1,450.00
1,625.00
675.00
418.96
22.17
675.00
$10,603.92
3,300.00
675.00
150.00
675.00
$15,403.92
"~XHIBIT B"
Exhibi.~ B - 4
Improperly Alianed Ditches:
Estimate 25 Ditches in thirteen (13) Units.
(Excluded here are Units 7, 12, 16 & 17 and
"Wentworth" ditch)
13/Units times 25/Units times $600/ditch
Other Units:
Unit 7 - (Schumann, RR to US #1)
no misaligned ditches.
Unit 12 - (Commercial Property along CR 512)
major misalignment
Units 16, 17 and "Wentworth" ditch covered in
Mosby Report.
= $ 195,000
2,500
TOTAL ................ $ 197,500
MOSBY AND ASSOCIATES, INC,
CUN'IiUI,, IIN~ Lti~INLLI('$
'Exhibit B -
201 ~, 511(EE1
Januaz'y 31, 1991
Mr. Robert S. McClazy
CiLy Manager
City of Sebastian
Post Office Box ]27
Sebastian, Florida 32978-0127
Subject:
Sebastian tligh].ands
Sebastian, Florid~
Engineer's Project No. 90-443
Deaz Mr. McClary:
As a follow-up to our letter dated January 15, 1991, regardin9
tile five (5) existing bridges within tile Sebs.~tian H]ghlands,
the east approacl~ of the bridge on En~lar Avenue over the Collier
Waterway bas seven (7) erosion problems on tile eust approach.
In our letter we recommended the area behind the east abutment
be concrete pressure grouted. Based on our pas% experiences it
is estimated that th~s work wou].d cost approximately $10,000.00.
g'h]s is an estimate and could possibly be more not knowing the
extent of the erosion behind the abutment.
Should 3ou require fur/her
information, please call.
RLM~bes
cC
"EX~LI BIT C"
Exhibi~ C - ~
Barber Street Sports Complex: Lot 4, Block 208, Unit 10
Lot valued @ $8,000
C - 2
Airport Drive East, Lots 2 & 3, Block 12, Unit 1, SH
2 Lots valued @ $8,000 for $16,000
~xhibit C,.,,- ~
Commercial Tract - Barber Street & Tulip
Ail of Block 268, Unit 10, SH
-Approximately 7.31 acres - zoned Commercial Limited (CL)
7.31 Acres @ $50,000/acre is $365,500
Exhib.i~ C - 4
Fleming Street Extended
Also, see Mosby letter dated 1/23/91 marked "Exhibit C-4"
18 affected lots @ $4,000/lot is $72,000
'Exhibit
MOSBY AND ASSOCIATES, INC.
CONSULTING ENGINEERS
January 23, 1991
1507 2OTb STREET
P.O. BOX 6368
VERO BEACH. FLORIDA 32961
407-569-0035
Mr. Robert.S. MeClary
City Manager
City of Sebastian
Post Office Box 127
Sebastian, Florida 32978-0127
Subject:
Fleming Street Extension Through Unit 16
Sebastian, Florida
Engineer's Project No. 90-449
Dear Mr. McClary:
· s requested, attached is a sketch of the proposed Fleming Street
Extension from the east property lane of Chesser's Gap to the
unconstructed South Easy Street within Unit 16 of the Sebastian
Highlands. The attached sketch delinates the lots that will be
required from Unit 16 in order to construct this segment of the
Fleming Street Extension. It should be noted that the existing
right-of-ways within the platted section of Unit 16 are only
fifty feet (50'), where as the Fleming Street Extension will
require an eighty foot (80') right-of-way necessitating the City
to acquire additional lots. Based on the attached sketch the
following platted lots, within this section of the unconstructed
portion of Unit 16, will need to be required for the construction
of this portion of the Fleming Street Extension, they are as
follows:
Block 510
Block 511
Block 512
Block G13
Block 514
Clock 515
Lots 11,12,14,15,16 and 17
Lots i and 26
Lot 23
Lots 23,24 and 25
Lots 16,16 and 17
Lots 15,16 and 17
Should.~o~require furtherz information, please call.
Very trul~
,~hdy ~, M~s'b~, P.E./'
~;' . . ', ',, ..i "t' '." '
,~ "~. ~ -'% , ,,
' :'"~ ' ' '":,~i/" . "
·,, ~ ,. ~ : , ;,
· :,,',', , ,~ .~ . ,.. ..( ! ~ :, ,,. ,' ,
'/~.',".'.~.~., ·.;, .,..,,,., ,,
· ~, · ,~., "-~ :..':.,i'.
. · 'aAIkO
l~lIlll · IOll! ' ' ,
."EXH,I~IT C"
(Continued)
Exhibit C - 5
· .:.::The following--.~tracts are in a portion of Unit
Highlands, which is platted but no improvements
drainage) have been constructed.
16, Sebastian
(streets and
SH - 16 Tract "C" - Blk 519 ("civic") 3.01 + acres
SH - 16 Tract "K" - Blk 543 ("Park") 3.80 +_ acres
SH - 16 Tract "L" - Blk 549 ("Church") 4.32 +_ acres
SH - 16 Tract "D" - (No Blk #) ("Park") 2.38 + acres
SH - 16 TraCt "E" - (No Blk #) ("Park") 2.38 + acres
SH - 16 Tract "F" - (No Blk #) ("Park") 2.40 +_ acres
SH - 16 Tract "G" - (No Blk #) ("Park") 2.21 + acres
SH - 16 Tract "H" - (No Blk #) ("Park") 2.19 + acres
SH - 16 Tract "J" - (No Blk #) ("Park") 4.46 + acres
TOTAL
27.15 ~ Acres
-Exhibl% C - ~
Schumann Lake "Island".
Also included:
SH 16 - "island" 13.36 + acres
SH 16 - Tract "R" - Blk 559 .36 + acres
SH 16 - Tract "S" - Blk 559 .71 ± acres
SH 16 - Tract "T" - Blk 559 .95 + acres
TOTAL
15.38 ~ Acres
~xhibit C - 7
"Commercial" and other tracts in Unit 17, Sebastian Highlands
SH 17 - Tract "L" - Blk 588 ("Commercial") Zoned COR 1.82 _+ acres
SH 17 - Tract "P" - Blk 602 ("Commercial") Zoned CL 16.60 + acres
SH 17 - Tract "T" - Blk 606 Schuman Waterway & Empress .18 + acres
SH 17 - Tract "U" - Blk 597 Schuman Waterway & Empress .27 + acres
SH 17 - Tract "V" - Blk 599 Schuman Waterway & Empress .34 + acres
SH 17 - Tract "W" - Blk 595 Schuman Waterway & Empress .28 + acres
TOTAL
19.49 ~ Acres
Exhibit ,.,C,,,,,,- 8
SH 13 - Tract "C" - Blk 326 ("Commercial")
5.36 + acres
,:!EXHIBIT C"
(Continued)
Exhibit C -,9
Public Service ("PS") TraQ.ts
SH 8 - Tract "C" - Blk 223
SH 8 - - Blk 193
SH 9 -
SH 9 -
Tract "A" - Blk 409 ("Utility)
Tract "A" - Blk 409 ("Park")
8.24 + acres
1.90 + acres
2.37 + acres
.37 + acres
SH 10 -
SH 10 -
SH 10 -
SH 10 -
.SH 11 -
SH 11 -
SH 11 -
SH 11 -
SH 11 -
SH 13 -
SH 13 -
SH 13 -
SH 14 -
SH 15 -
SH 17 -
SH 17 -
SH 17 -
SH 17 -
Tract "A"
Block "B"
Tract "C"
Tract "A"
Tract "B"
Tract "C"
Tract "D"
Tract "E"
Tract "A"
Tract "B"
Tract "D"
Tract "B"
Tract "G"
Tract "A"
Tract "I"
Tract "N"
Tract "Q"
- Blk 211
- Blk 287
- Blk 264
- Blk 300
- Blk 287
- Blk 282
- Blk 372
- (No Blk #)
- Blk 347
(Deep Swale)
(Swimming Hole)
(River)
- Blk 507
- Blk 488
- (No Blk #)
- Blk 570/574
- Blk 589
- Blk 604
2.49 ± acres
2.24 + acres
1.15 + acres
2.27 + acres
.37 + acres
1.68 + acres
4.42 + acres
3.81 ± acres
2.93 + acres
5.75 + acres
10.08 + acres
14.07 + acres
7.42 + acres
5.00 + acres
3.55 + acres
27.00 + acres
4.00 ± acres
1.70 ± acres
TOTAL 112.81 Acres
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT: Public Works Weekend
Duty
Approved For Submittal By:
City Manager
Dept. of ~ city Manger
Date Submitted: ,01/31/91
For Agenda Of: 0.2/06/91
Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Currently, the Public Works Department does not have a formal
policy to assign its maintenance workers to be called out after
hours or on weekends. Often, a public works employee is needed
after hours or on weekends to replace stop sign, remove glass
from pavement as a result of an accident, make emergency repairs
to City property, such as public rest room, to assist renters of
the Community Center, remove tree limbs or other obstructions on
City streets or to remove a dead animal from a City street.
Additionally, the City parks, the Community Center and Yacht Club
require some attention on weekends and holidays. The buildings
must be inspected after each use and prepared for the next
renter. Additionally, rest rooms in public parks need to be
unlocked, inspected for working order, repaired if necessary,
cleaned, and locked each night. Further, since the heaviest use
of the City parks and visitations to the Cemetery are on
weekends, these areas should be inspected, litter picked up and
trash cans emptied. Further, flags should be displayed on City
owned flag poles on weekends as well as working days. (Please
note that flying the American flag at the Yacht Club also serves
as a navigation aid.) On many holidays, in addition to those
responsibilities required for weekends, American flags are to be
displayed in the medians of U. S. #1. Additionally, since the
Police Department is open twenty-four hours per day, those rest
rooms need cleaning and waste paper baskets need emptying. ~/,~
In order to respond to the needs after hours, on weekends and
holidays, we propose a system of "Weekend Duty". On a rotation
basis, all maintenance employees of the Public Works Department
would be assigned to weekend duty. Excluded would be the
Mechanics, Engineering Technician and Clerical. When assigned to
weekend duty, that individual would be assigned a pager, City
radio and City pickup truck and would be on an on call basis from
Monday through Friday. This would be the individual called out,
generally by the Police Department~ to respond to call out
requests such as, dead animals, broken glass, downed stop sign,
etc. This employee ( if he resides within the City limits) would
be authorized to use the City assigned vehicle for such call out
requests. On the following Saturday and Sunday (or any holiday
which falls within this seven (7) day period) the employee would
perform a specific list of responsibilities. Generally, the
employee would perform these responsibilities on two occasions
each day - first for approximately 2 hours and 40 minutes in the
early morning and second for approximately 2 hours and 40 minutes
in late afternoon.
Compensation to the employees would be in accordance with the
Collective Bargaining Agreement. Except for holidays, we propose
to compensate the weekend responsibilities with compensatory time
off the following Thursday and Friday thus providing a four (4)
day weekend for the employee after his weekend duty week.
Compensation for call out responsibilities in the evenings are in
addition to the assigned times on Saturdays, Sundays, and
holidays would be compensated on an over time basis as required
by the union contract. The assignments to weekend duty would be
scheduled well in advance and each maintenance worker, since we
have approximately twenty (20) positions in Public Works, would
be assigned weekend duty twice each year.
A weekend duty policy would provide the City with an assigned and
available individual for responding to after hour calls and
providing necessary services on weekends and holidays.
RECOMMENDED ACTION
Review weekend duty concept and direct staff as appropriate.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) $89-$330 [] FAX (407) 589-5570
SUBJECT: Volunteers
Approved For Submittal By:
City Manager ~ :
Dept. of Origin: city Manager
Date Submitted:
For Agenda Of:
Exhibits:
01/31/91
02/06/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian is blessed with a large number of highly
talented individuals who generously offer their services as
volunteers. I've recently evaluated two situations where
volunteers may be used in City service. One area is that of
operating City owned equipment to perform mowing operations on
City right-of-way. The other opportunity is for "inside"
volunteers at the Police Department. These volunteers would
assist the Communication Technicians in answering the telephone,
help with data entry and records, and work with community service
programs such as neighborhood crime watch. We have reviewed this
request with Mr. Brad Clark, who works in the risk management
area of the Florida League of Cities. The City participates in
the Florida League of cities insurance pool, which provides
coverage for general liability and workers' compensation.
Generally, volunteers are covered by general liability, errors
and omissions, and workers' compensation insurance. A program as
contemplated by chief Earle Petty, for "inside" volunteers poses
little risk to the City. However, Mr. Clark highly recommends
that the City not proceed with using volunteers to operate City
equipment and stated that he would consider such a program very
poor risk management.
RECOMMENDED ACTION
I recommend that the city Council direct staff to write
departmental policies for'the Police Department to provide for
"inside" volunteers to assist in clerical, communications,
records and community service programs. I further recommend that
the City not proceed with implementing a program of volunteers
operating City owned equipment.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Florida League of Cities
Delinquent License Tax
Collection from Insurance
Companies
APPROVED FOR SUBMITTAL BY:
City Manager: ~~-~ /
Agenda NO.
Dept. Origin
Date Submitted 1/29/91
For Agenda Of 2/6/91
Exhibits:
FLC Letter 1/22/91
Proposed Agreement
Clerk Letter 12/5/90
Satellite Beach Ord.
FLC Letter 10/31/90
w/ attachment
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Please see self explanatory backup material (letter dated 1/22/91
from Florida League of Cities) for discussion.
RECOMMENDED ACTION
Place "Florida League of Cities Agreement - Delinquent License Tax
Collection from Insurance Companies" on the February 13, 1991 Regular
City Council meeting agenda for formal action.
sam
Florida League of Cities, inc.
201 West Park Avenue
Post Office Box 1757
Tallahassee, FL 32302-1757
Telephone (404) 255-0424
FAX (404) 843-3216
-- T
January 22, 1991
Robert S. McClary, City Manager
City of Sebastian
1225 Main Street
P.O. Box 780127
Sebastian, FL 32978-0127
Re: Delinquent License Collections from Insurance Companies
Raymond C, Sittig
Executive Director
Dear Mr. McClary:
i have recently spoken with the City Clerk, Ms O'Halloran, concerning our
program of collection of delinquent license taxes. She explained that the
City was considering a change in the occupational license ordinance on
insurance companies, but she had not yet heard from the City Attorney.
However, upon reviewing your ordinance, we find that there is really no
need for a change. According to the most recent copy we have on file,
Insurance and Bonding Companies are taxed at $20.00 per year. Since this
provision was increased from $10.00 in accordance with State law (Section
205.042), at this time you are charging the maximum authorized by the
legislature. I believe the proposed ordinance which Ms. O'Halloran showed
me included an increase of this fee to $50.00. She explained the change
was based on a model ordinance furnished by Satellite Beach.
Therefore, since your ordinance is valid, has the correct language, and
charges the appropriate fee, you may proceed with collections from
insurance companies. Ms. O'Halloran expressed an interest in utilizing
the service provided by the League to collect these delinquent and escaped
taxes and she suggested that I contact you for approval. Please find
enclosed two copies of the Agreement with the League. If you would like
for the League to provide this service, have both copies signed and
returned to our office. We will then sign them and return one to you for
your file.
If you or any city official have any questions, please let us know and we
will be happy to help any way we can. Thank you for your interest in our
program and we look forward to serving your city.
Sincerely,
Russell F. Winch
Enclosures
STATE OF FLORIDA
COUNTY OF
THIS AGREEMENT, mad. and entered into the ~day of
A.D ..... between the FLORIDA LEAGUE OF CITIES, INC., e corporation not for profit of
the State of Florida, with its principal office in the City of Tallahassee, Florida, hereinafter called the "League,"
end . a municipal corporation of the State of
Florid", hereinafter called the "City;"
WITNESSETH: That for the consid"ration hereinafter mt forth, the League and City agree that:
1. The League wl;i make the nece~ery investigations and collect unpaid, escaped and delinquent
privilege or oecupetlonel, license taxes from corporations, firms or ='suclattons tran~cting any
inmrence busine-, in the City.
2.The City shall not incur any expense or liability in connection with such Investigation and
collection except as hereinafter set forth.
3.The League, et its expense, will write ail nece~='ry letters and assume ell other expemes incurred
in the collection of =,id license exes.
4. Only such corporations, firms or associations obligated to pay such license taxes und"r State
Liw or under any City Ordinance of the City shall be approached or investigated,
The League shell retain S0~ of the amount collected for affecting the collection of such
d"linquent and e~aped privilege, or lican=,, taxes and the balance of 50% of the gro~ amount
recovered ;hell be forwarded to the City periodically by ~tatements to =,id City. The League
thall receive no eommimdon or compansetion for amounts collected in subsequent yeer~ on
voluntary payments or payments received from bllllngt by the City from companies from
which the League hm effected collection und"r this Agreement.
During the term of this Agreement the City ~hall notify the League of any payments or
compromi~e =,ttlements received by the City, of such escaped and delinquent liceme taxes
due from insurance corporations, firms or a~oclatiom. If any license taxes collected under
thi~ Agreement are paid directly to the City, the City ;hall remit to the Leag(fe the commi~-
sion due it under this Agreement. or if sums due are forwarded to the League in the name of
the City. the League shall deduct Its commiuion and remit to the City the ~ums due It under
this Agreement.
7. This Agreement ~hall remain in full force and effect until terminated by either party upon
giving at lee~t ninety (90) days notice in writing to the other party, and all collections te-
calved during =,id ninety (90) day period shall be di~ursed in accordance with the above
provisions of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto caused their names to be signed and their seals to
be affixed, thb the day and year fie above written.
FLORIDA LEAGUE OF CITIES, INC., · cot.
poratlon not for profit of the State of Florid.
BY
President
ATTEST:
ATTEST:
Secretary
A Municipal Corporation of the State of Florid~
BY
City Clerk
OWo
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
December 5, 1990
Charles I. Nash, Attorney at Law
930 S. Harbor City Blvd.
Riverside Center-Suite 505
Melbourne,. Florida 32901
Dear Charley,
Please see enclosed a letter to Robb McClary from the Florida
League of Cities dated October 31, 1990.
After discussing this item with Robb, ! obtained a model
Ordinance from Satellite Beach.
He gave me permission to see that you receive the necessary
material to include in our Occupational License section of the
Code.
Because the Code of Ordinances addressed a $20 fee, will we be
able to charge $50 as noted in the model Ordinance? 205.042 F.S.
speaks to Municipal licenses.
Thank you for your cooperation in this matter.
Sincerely,
Kathryh M. O'Halloran, CMC/AAE
City Clerk
v/ KMO/elm
Encs.
cc: Carol Carswell, Finance Director
ORDINANCE NO. 380
AN ORDINANCE AMENDING SECTION 11-15, OF THE CODE
TO CHANGE THE TERM "INSURANCE AGENCY" TO "INSURANCE
COMPANIES"; TO ADD A NEW CATEGORY, "INSURANCE
COMPANIES DOING BUSINESS WITHIN THE CITY WITHOUT
A PHYSICAL PLACE OF BUSINESS".
WHEREAS, the City has been advising Insurance companies doing
business In the City without havlng a physical place of buslness
In the City that they are not subJect to an occupational license
tax, and
WHEREAS, Florida Statute 205.042(3) authorizes such taxes where
companies are engaged In Interstate commerce and the tax !$ not
prohibited by Article 1, Section 8 of the United States
Constitution, and
WHEREAS, Insurance companles doing business in the CIty are
subJect to such taxes based upon Florida Statute
NOW, THEREFORE, BE IT ENACTED BY THE CITY OF SATELLITE BEACH, FLORIDA:
SECTION J.: That Section 11-15 of the Code be amended to delete
"Insurance Agency" and add In Its place "I~surance
Companies".
SECTION 2.:
That a new category be added to read: "Insurance
Companies doing business within the Clty without a
physical place of business In the City ---
SECTION 3. All ordlnances or parts of ordinances In conflict
herewith are hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or
any portlon thereof, any paragraph, sentence, or word be declared
by a court of competent Jurisdiction to be Invalid, such decision
shall not affect the validity of the remainder hereto as a whole or
part thereof other than the part to be declared Invalid.
SECTION 5. This ordinance shall be In full force and effect In
accordance with the Charter of the City of Satellite Beach.
SECTION 6. This ordinance was duly passed on first reading at
a regular meeting of the City Council on the 1st day of duly, 1985,
and adopted on second and final reading at a regular meeting of the
City Council on the 7th day of August 1985.
ATTEST:
City Clerk
Florida League of Cities, Inc.
201 West Park Avenue
Post Office Box 1757
Tallahassee, FL 32302.1757
'Telephone (404) 255-0424
· Telecopier (404) 843-3216
--
October 31, 1990
Raymond C. Sittig
Executive Director
Robert S. McClary, City Manager
City of Sebastian
1225 Hain Street
P. O. Sox 780127
Sebastian, FL 32978-0127
Re: Delinquent License Collections from Insurance Companies
Dear Hr. HcClary:
~e appreciate your recent inquiry concerning the League's program for
the collection of delinquent and escaped license taxes from insurance
companies.
For a number of years the League has had an agreement with a firm
which has been en§a&ed in this work for many years, ge believe that
it has been beneficial, productive, and it has recovered sizable
amounts of lost revenue for our cities. Enclosed is a copy of an
excerpt from the Florida League of Cities' Decagram of July 19, 1990
which lists funds paid to a number of the participating cities. Since
we aggressively seek collections for any seven city every other year,
typically we will have a year of substantial collections followed by a
year of residual collections, which is seen in the different amounts
.disbursed.
Our work and research will be done without any expense to your city.
Our consultants will periodically contact you or any designated person
to secure a list of the insurance companies which have paid the
license tax to your city in accordance with your ordinance. They will
then proceed to research computerized data and other records and
information they have compiled to discover companies which have
operated in your city but have failed to pay the proper licenses for
past years. At the present time the Statute of Limitations is three
years. This will permit the recovery of lost revenue for thac period
and place the companies on your records for future collections.
After the necessary research, the companies which appear to be
delinquent in license payments to your city are contacted by the
League, requesting payment of the license or information to
substantiate that the licenses are not due. Annually, a statement is
P. O. aox 1767. Tel.~. haenoo, _F_L ~2~02.1767
July 1~. l~gO · Vol. 17. No. :21
II II II II I!lJ
Additional Revenue for Cities
A mc~nt disbursement of delinquent
8~d r,,SCaD~ oc~upBtio~aJ IJcefl,lo ILTes.
coUoc~d ~ insum~o compnni~ by
d~ L.~S~, ha~ idded a qal~.n, ~
of additional revcauo to many cities in
Findda. la many instances, th~ mount
returned io d~ city exceeds ihe amount
that panicula~ city paid for dues to thc
Florida Lequc of CideL Through our
consulting agency, we a~o continually
coffespondinj wt*h i~m
~ja~diflg dalinqueat liceaso ta.,t~ which.
sca~h, a~ owed to municipaliiln.
mfltiy, appmxima~ly 175 cities
conm~ctu~ anangcmen~ w~ ~ ~
to collect th~ rexes. If you~city is htr. r.
eslr.,d in more information about this col-
Smith in Ihe LcasuQ office. Suncom 2?8-
$351 ~ 1,(800) M2-8112. Below is th,',
annual allocadun of funds recently dis-
bursed lo some of the pardcipaLing cide, E
AJtamuntc Springs ..............d.600.O0
^palachicoin ........................
^popka ................................
Arcadia ....................................
^-humdaie .......................... 1,052.25
BaJ l-laflx)ur ¥111age ................ 637.50
Daldwin ................................. 5?5.00
Bay Hadx~ Islands ................. 2~2,50
Bclicair nluffa .......................... 360.00
Boca Raton .......................... ~t,8~2.50
Boynton B~ach .................... 1.425.00
Bradenton ............................ 4.012.50
Drooksvilk~ ........................... 2,~_~._._(~..
lJunnell ................................
Cai~ Cannvr,~l ........................ 859/48
Clearwater ..........................
Cocoa .................................. 6.037.50
Cocoa Beach ........................ 2,006,29
Cocun-t ~ .................... 8,3?0.00
CoopcF City ........................ 4.3?5.00
Cond (hblcs ........................ 3.4~6,50
Cocal Springs ......................
Dado Clr/ ............................
~ .................................. ?,800.00
Davenport ............................
I~vic ..................................
Daytona Dc,ach .................. i 1.92J,00
Dccrfi¢id Beach .................. 6.168.00
DeLand ................................ 4.~50.00
Dehay Beach ...................... 4.~20.00
Desdn .................................. L200.00
Edgewatcr ............................ 1,720.50
Eustis .................................. 2.540.00
Fcrnandin& 9each ................
Flagicf B~ach .......................... 245.00
Florida City .......................... ].5?0.00
Port I-andcrdale .................. 2t,2t0,00
Fort Myers ........................
Foil Pierce .......................... 2.565.00
Pon Walton Beach ..............:5,350.00
Rostpmof ................................ 595.00
II ! II IIBII i II
Fnddend Padt ...................... 1,710.00
GainesYille ............................ 1,8J4.'72
O~een Cove Sprinp .............. 1,1 I0.00
Oul! ]lrc~zo .......................... 8,700.00
OulQxm ................................ 1.,t40,00
Haines City .......................... ' 2,340.00
Hallandale ............................ 6,750.00
HisIMh .............................. 20,700.00
High Sprinp .......................... 274_~0
Holly Hill ............................ 3.543.75
Hollywood ............................ 9,028.13
Holmes Beach ...................... 2,477.50
Hypoluxo ................................ 22~.00
Indian Hadx)ut Beach ..........1,200.00
inverness .............................. 2.090.00
Jacksonvlli~ ........................ 33,823.75
Jacksonville Beach ................ 1.920.00
Jasp~ ...................................... 242.00
Juno Beach ............................ D00.00
Jupiter .................................. 6.450.00
Kennclh City ........................ 2,600.00
l~simmce ............................ !
Lake City .............................. 3,350.13
Lak~ Wales .......................... 1,267.50
Lake Worth ..........................
Lakeland .............................. 3.525.00
l~rgo .................................... 6.1~0,00
Laed~l~ l.ak. .................. 5,502.00
Laudm'hill .......................... 21,315.00
Lcesin~g .............................. 2,312.50
Live Oak ..............................
Longboat Key ........................ 757J4
Lonewood ............................ 3,100.00
Lynn Haven .......................... 2.525.00
h/~lison .................................. ~3.75
Mangunh Paxk ...................... 1,(~.00
Marp~ ................................ 6395.00
Mtllx)trn~ ......................... :.. l,?12.JO
Miami ................................ 74,648.00
lvliami Beach ...................... 27,215.13
Miami Sho~s Villal[e .......... 5,025.00
Miitun .................................. 3,662.50
Mir&mar ................................ 9.300.00
Monticello .............................. 750.13
Napl~ .................................. 2,278,75
Now Smyrna Beach .............. 1,872.50
North Laudafdale .................. 4.300.00
North Misml ........................ 5,050.00
North Miami Beach .............. 4.005.00
Noflh Palm Beach ................
North Pofl ............................ 3.?00.00
O,,t !~,,,1 Pink ........................ 3.125.00
Okeochobee ..........................
Ormond Beach ...................... 4,300.00
Paladca ................................ 2,205.00
Palm Bu~ .............................. 7,337.50
Palm Beth ........................ 17,800.00
Palm Be, a~h Oardsns ............ 1,065.00
Palmetto .............................. 3.643.75
Pembroke Padt ...................... 2.250.00
Pembroke Pines .................... 7,920.00
Perry .................................... 2.625.00
Pinellas Park ........................ ?.?75.00
Plant City ............................ !.920.00
Pompano Beach .................. 15,705.00
Pon Orange ........................ 4,225.00
Pon SL loc .............................. 925.00
Puntl Gorda ........................ 1
Rivie4~ Beach ...................... 7,410.00
Rockledgc .......................... 2,025.00
Safcty Harbor ...................... 4,~00.00
St. Augustine ...................... 1,245.00
SL Pcmrsbmg Beach ............ 3.900.00
Sanfofd ................................ 4.593.75
Sanib~l ................................ 2.100.00
Sa~a~ota .............................. 4.29~.00
Sa~Jllto aeach .................... 2.~00.00
S~bring ................................ -"~,259.75
South Daytom .................... 1,950.00
South Pesadena .................... 4,435.00
Spdn&~cld ..........................
Stmk~ .................................. 1,843.25
Smart .................................. 2,0d5.00
Surfsida .............................. 1.53~.50
Swcctwamr .......................... 2,250.00
Tallahaucc .......................... 2.881.25
Tam&fac .............................. 11.530.00
Tatum $1x'inp .................... 6.656.25
Tava~.a ................................
Temple Trance .................. !,725.00
Tim,will~ ............................ 7.910.00
Tm binnd ........................ 765.63
Tmnm .................................... 177.50
Umatflin .............................. 1,200.00
Valparaiso ..............................
V,-,ice ................................
Wanchuin ................................ 275.-- -- ' 00
West ]~clm .................. 1,17J.O0
W~ Miami ........................ 1,190.00
Worn Palm Beach ................ 18,250.00
Wlllbton .................................. 450.00
Wihon Manon .................... 1,723.00
Win"- O~len .................... 2.152.50
Win~cr Haven ...................... 3,045.00
Wln~ Pad; ........................ 4.600.00
Winl~ Sprinp ....................
Z~phy~nilb ..........................
Harry Morrhon, Jr. Appointed
FLC General Counsel
Hany "Chip" Monhon.
centiy appoinlgd to succeed Jim Wolf is
th~ ~ l.~.a~ue of cedes'
counaeL Ha hM served u deputy general
counsel to thc l-caguc for eight yeah.
during which ~ he he, lobbied munici-
pal Luu~ in thc statc legislature, con-
soiled with city Mtomeys throughout tho
st,,,- end filed e number of briefs with
Florida's Soprcme Coufl on municipal
Louts of stau~wide concern, lo addJtien.
Chip is thc executive s~crelary of
Florida Municipal Auomcys Association
and is a member of the Local Govern-
ment Section and thc EnviRmme~tal and
Land Us~ Sccden of thc l~lorida Ba~.
Ires also served as couns~! to thc Board of
Tf~tees of tho Findda Mumcipal Health
Trust and thc Plorida Municipal Pcnsiun
Trust Fund. His new dudes wilt inciuds
PAOE 1
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
SAN SEBASTIAN SPRINGS WEST
TIME EXTENSION
Approved For Submittal By:
City Manager .....
Agenda No.
/
Dept. Origin Community Development
Date Submitted 1-30-91
For Agenda Of
2-06-91
Exhibits:
Letter from Dr. Henry A. Fischer
dated 12-21-90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The original preliminary subdivision plat for San Sebastian Springs West
was approved on October 28, 1987. On January 3, 1990, the Sebastian City
Council approved a twelve (12) month time extension for the preliminary
subdivision. The developer, Dr. Henry A. Fischer, has now requested
another time extension of eighteen (18) months in order to submit for
final plat. Since Dr. Fischer has had a proven track record in completing
projects and has had several delays as outlined in his letter dated
December 21, 1990, staff has no objection to granting a time extension for
this project.
RECOMMENDED ACTION
Move to direct the City Attorney to draft a resolution for the requested
time extension.
RECEIVED DF.C 2
December 21, 1990
Mr. Bruce Cooper
Director of Community Development
1225 Main Street
Sebastian, FL 32958
REF: San Sebastian Springs Preliminary Plat Extension
Mr. Cooper:
At this time I would like to request an extension of
18 months on the preliminary plat of San Sebastian
Springs.
Construction is being done on the site and half of
the road system has been completed. During this
construction, in order to work with the governmental
agencies involved (DNR, DER, St. John's River Management,
U.S. wildlife), the project has been delayed. Due to the
complexity of the northern project, Fischer Island,
easements have been granted and construction has been
delayed due to the eagle nest (at specified times of the
year).
This project is not one to be completed quickly or
simply. Due to the complex structure of different
roadways and construction elements, it does take a great
deal of time to achieve an aesthetic development
beneficial to residents of this community as well as the
surrounding areas.
San Sebastian Springs, along the east side of the
river was started in 1973 and is not completely finished.
The results of our efforts over the years has brought this
community to a standard that exceeds any other development
in Indian River County.
Henry A. Fischer
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
January 28, 1991
Ms. Shirley Sandage
Director of Program Development
National Organization of Disability
910 - 16th St. N.W.
Washington, D.C. 20006
Dear Ms. Sandage:
I will be completing the term of my appointment as Representative
to N.O.D.'s Community Partnership Program for the City of
Sebastian, Florida in March, 1991.
Regretably I wouldn't be able to serve another term due to ill
health. I've enjoyed my participation in the program very much.
I am recommending to Sebastian Mayor Will Conyers, the following
name for consideration:
Ms. Catherine Mitten
908 Landsdowne Drive
Sebastian, Florida 32958
Telephone: (407) 589-7104
Ms. Mitten has expressed an interest in this position.
Regards,
~eo~e V. Schum
750 Layport Drive
Sebastian, Fi. 32958
Gvs:js
c.c. Mayor Will Conyers
Community Partner George V. Schum
HONOi~Y CHAIRMAN
ii&Md R. FMd
DiRSCTORS
,mmm O. ~,~amWeM
President snd CEO
Mtd.Amertca National Batik of Chicago
,idme, S, Brae'y, It~ Ca~/mm~
Former White Hoos~ PTess Secretary
Alan A. I~leh. Pm~/atMt
PItilip E. ~
Chairman snd CEO, Hook-SupeRx, lng.
ltmtq B. kris. M.D.
Medical Olrnglor and CEO
Rehabilitation Institute of Chicago
fllaMnl ei~".~, r:~.
Niles, Barto~, & Wiimar
".flTam S. Blown, M.D.
Forensic Medical Advisor/Sewtce
Mie".~l N. COMId
Governor of Delaware
William E. COMId Director
Na~onal Technical Institute
for the ~f
COlky Caandidt
Chairman and CEO
Eastman Kodak CompaW
,idm J. CoMy
NATIONAL ORGANIZATION ON
910 Sixteenth Street, NW · Suite 600 · Washington, DC 20006
(202) 293-5960 · TDD (202) 293-5968 · FAX (202) 293-7999
COMMUNITY PARTNER - REPRESENTATIVE DESIGNATION FORM
Please add our community to the network of towns, cities, and counties who are
partners of the National Organization on Disability. We understand there is no fee
for joining.
Name of city, town or county joining the Community Partnership
Retired Group Presihant, Mars, lng.
T,~ co,,.. Program
Managing Director
Werthaim, $Chroder & CO,, lng- Over 50,000 Population Under 50,000 Population ~
Do,gm D. Oanie~ ~
Retired Chalmmn
w,stm~hou. E~ CO~mio~,re shall join as one of the foH, o~ng (~ee reverse side for full descriptions of Partner
~OD FouMtng ~hair~
~,~t, ^~v co~t~ or Affiliate status):
8~ L. Felnll~g
Chairman and CEO
Dorsar IndustMs, Inc.
O~Mge OMidp, ,if.
President
The Galiup OrganLmtiofl, lng.
Founder, The Wakeman Award
Wll".m R. Nmmll
Chairman and CEO
J.C, Penney Co., lng.
~ M. MilIM
President
SERDtBTS, inc.
Director, DMbility Focus
IMmk Pmtman
Rofmt C. Pew
Chairmsn snd CEO
Stesk:ase, lng,
MI D. RoMgmm
CO0, A,A.F.P., lng.
Mld~l T, RM President
M~chael T, Rose Companies
ChaJrmsn and CEO
A~n Cmpomtion
Fofff~r Governor of Pe~n~/lvanla
Counsel, Dunaway & Croes
Otto A. SIl".
R~red Chairman. Cowlet~ Media CO.
Presi(Mnt, $ilha Associates
W. I~id 11mm".en
Chairman
Petom~c Elactric PowarcomMny
RmmmM llamid Wlgre
Director, The Heaiiog Community
Mb D. William
Chairman and CEO
Wamer-Larnhart Company
Ragl Ymgllffe
Pres~ent
Special Amhas~Mor for the
Decade of D~uh~d Pemom~
COimR~$SIOIOU. SPONSORS
~. WIIIMm ~. CO
~.~~,MN
~.DMI~,~
~, IIII MI, ~
M.~e~.PA
M.~,WA
~, M Y~.PA
Partner: Our Representative* who will serve as a liaison to N.O.D. is:
(Name)
(Title and Organization)
(Addreee)
(__) ..... (o) (__),,, (h)
(Telephone) ('l~l~one)
'* Representatives serve for 2 years or until a new appointment is made.
Affiliate: You may llst us as a member of the N.O.D. network; but, we will not
appoint a Representative at this time. We understand we will not be eligible to
participate in the annual $25,000 awards program and will not automatically
receive N.O.D. materials. (May be upgraded to partner upon written request)
Our contact person is:
(Name, Title, & Organization)
(Addmee)
( ), .(o)
(Telephone)
Signature ~ , Title.
(Must be signed by chief elected offwial of town, city, or county - cannot be processed without an original signature).
Typed name of person signing
Date Signed Telephone ( ).
RETURN COMPLETED FORM TO N.O.D. PROMPTLY
Upon receipt of this signed form, N.O.D. will send a welcome letter and new partner
information package to the Representative named above. (over)
Expand the participation of disabled citizens and all o( America gains. Isn't it time to get involved?
You Can Improve Things for People with Disabilities and for Your Community!
Founded in 1982, N.O.D~ promotes full participation of America's more than 43 million men,
women and children with disabilities in all aspects of community life. Its primary program is the
Community Partnership Program (CPP). The CPP is a network of 2,400 towns, cities, and
counties nationwide which carry out local initiatives designed to increase the dignity, acceptance
and participation of people with disabilities.
N.O.D.'s community partners undertake many activities. Some improve attitudes toward
persons with disabilities; others expand educational and employment opportunities, address
transportation needs or expand participation in recreational, social, or religious activities.
Communities join as either 1) a ~ or 2) an affiliate. Full Partners are eligible to
compete in our annual $25,000 cash awards program recognizing local programs and encouraging
replication of model ideas, as well as receives our newsletter, REPORT and other materials.
Affiliates receive REPORT, but may not compete for a cash award.
To join, the chief elected official (mayor or county board chairperson) appoints a Representative
to be a liaison to N.O.D. for a two year term or until a new appointment is made.
Here Is What You Can Do...
1. Make an appointment to visit your chief elected official. Take this Designation Form with you.
2. If you learn there already is a Representative to N.O.D., get the nRme and contact that person
without delay. Offer to help work for jobs, education, worship, social and cultural opportunities.
Committee members set the goals for local programs and carry out activities.
3. If you learn your town, city or county does not belong to CPP, ask the official to appoint a
person -- a private citizen or a public employee -- to be the community's Representative. Have the
official complete, SIGN, and return the Form to N.O.D. Be sure to tell the official there are no
fees for belonging! An information packet will be sent to the Representative by return mail.
What Happens Next...
1. Once a community joins and becomes a partner, it usually forms a local committee composed
of disabled and non-disabled persons. The committee meets regularly, sets its own goals, plans
activities and meets regularly to monitor progress. Consider volunteering to organize the local
committee and get started!
2. Telephone us at (202) 293-5960 with questions; we are here to help.
How Your Community Benefits Through Its Partnership With N.O.D.
Your community has access to our national Program Information Network (PIN). This
computer-based referral system lists disability programs and can put you in contact with other
Community Partners for mutual exchange of program information and support.
You receive "how-to" materials and manuals as well as our quarterly newsletter, REPORT, with
"Update" which highlights successful programs of other partners. Access to N.O.D.'s toll-free 800
number (1-800-248-ABLE) provides disability information as well as referral to other Partners.
You have the opportunity to gain national recognition for your disability program(s) by
competing in the annual awards competition.
Isn't It Time To Get Involved?
City of Sebastian
pOST OFFICE BOX 780127 [] sEBASTIAN, FLORIDA 32978
.TELEPHONE (407) 589-5330 tu FAX (407) 589-5570
ql.c)V 3
---BJECT: charter provisions ~ g i-Ln'
city Manager ) opiniOn Dated 0%/%8/9%
) 2.06 of the city charter
) _ section
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~xpE~TU~ BuDGETeD:
-~t the ~ Y -~arter · .Of
- ~as expresse~.__ 2.06 of .~ ,,mhe MayOr
full _ _ ~oncern 1 A~benture '._ -~all also ___ :fret the
~articular ~ bondS, . ~,~ev. which =T ~h4s concern
~ ~ ~ontrao~=,_ .= of the ~=' _~resseu ~"- department head-
al~ ~ _ __ be~al~ __ ~nvers ~ of a city
doCumentS ~ ,, Mayor ~"~ appOintment from the
the City ~ ..... letter of inion opiniOn
signed a legal op his
city Manager he asked for a
SubsequentlY' charles I. Nash has issued
city Attorney,
Attorney ·
which i~ enclosed-
Review the opinion of the
city Attorney'
Robert S. MCClary,
City of SebaStian
1225 Main
Sebastian, Street
FL 32958
Re:
City
Dear Robb:
January 23, 1991
M~e°O~N~, ~o~ 32901
1407)
F~ (407) 951-3741
Manager
Legal
~ --ion
Involvin.._. on Charter/Ordinanc .
= ~'Jayorls
Our File No : Duty to Sion m~C°nfllct
: ' 91-6432 ~ ~-~racts
I. have enclos-= .~ .
Counc~- ~nrOrmat~__ -' uOnyers ~_~"~mOrandum ,
~ agenda unm~%~".. Please ,,_~-u the member_Which shou]m ~
if You have -uornev,~ .... - ~uem on ~ ~ u?Uncil
hesitate to any questions -- - J"accers. -"= heX= City
contact me. COncerning this
c N/mb
EnClosure
cc:
matter,
Very tr/~YYours,
FR~ FALLAcE, NASH
City Attorney sh
as Stated
The HOnorable .
Mayor, City ~ ~' Convero /
W/copy of enclosureOuaan
Please do not
& TORp¥, P.A.
TO:
FR:
RE:
DATE:
MEMO
Mayor W.E. Conyers, Members of the City Council
and Robert S. McClary, City Manager
City of Sebastian
Charles Ian Nash, City Attorney ~-~/~'~''
Conflicting Charter and Code of Ordinance
Provisions
January 18, 1991
This memorandum serves to respond to Mayor Conyers'
request for clarification about certain conflicting Charter and
Code provisions. Pursuant to a previous request from the City
Manager, I have undertaken a rather extensive review of the
editorial analysis provided by the Municipal Code Corporation
("M.C.C."). It is my understanding that M.C.C. reviewed conflicts
between the Charter and Code of Ordinances, as well as conflicts
involving Florida Statutes. No mention of a conflict between
Charter Section 2.06 and various Code of Ordinance provisions is
included in the analysis of M.C.C. My review of same indicates,
however, that such a reference should have been made.
Though Section 2-15(b) of the Code of Ordinances provides
for insertion of the terms "City Manager" in place of "Mayor"
throughout the Code of Ordinances except with respect to the power
to declare a state of emergency pursuant to Section 21-1 of the
Code of Ordinances, such a provision does not operate to change the
term "Mayor" as referenced in Charter Section 2.06. Said provision
states that the Mayor shall sign all contracts, bonSs, debentures,
franchises and official documents. As such, it is directly in
conflict with Code of Ordinance Section 2-63 for one which
references the term "Mayor" but pertains to the City Manager in
accord with Section 2-15(b). Section 2-63 permits the City Manager
to contract and in doing so could be construed to conflict with the
exact language of Charter Section 2.06 which requires that the
Mayor sign all contracts, etc.
The conflict between the Charter and Code can be resolved
properly only through an amendment to the existing Charter. In
reviewing the M.C.C. analysis, my research has lead me to various
opinions rendered by the Florida Attorney General's Office which
are applicable to the present situation.
In A.G.0. 79-80, the Mayor of Lake Wales questioned
whether the City Commission may amend the City Charter without
submitting the amendment to the electors of the City. The Attorney
General responded in the negative stating that Subsection
166.031(1) of the Florida Statutes governs the procedure for such
a revision. According to that subsection, the governing body of
the municipality, by ordinance, or the electors of the municipality
by petition signed by 10% of the registered electors, may propose
an amendment to any section or all of the municipal Charter with
the exception of that part setting out the municipal boundaries.
A.G.O. 79-80 has been cited in recent years by the
Attorney General's Office in A.G.O. Opinions 88-30 dated July 26,
1988 and 89-30 dated May 15, 1989. A.G.O. 89-30 utilized strong
language in its emphasis that Subsection 166.031(1) must be
strictly adhered to when addressing charter provisions adopted or
readopted subsequent to the effective date of the Municipal Home
Rule Powers Act which was July 1, 1973. The Florida Attorney
General concluded his analysis in A.G.O. 89-30 by stating that "a
legislative directive as to how a thing shall be done is, in
effect, a prohibition against it being done in any other way."
Amending Section 2.06 of the Charter will be necessary in order to
remove the potential conflict that exists with certain provisions
contained in the Code of Ordinances. Failure to do so leaves open
the possibility of a challenge to procedures outlined in the Code
as it now exists. In the event of such a challenge~ the Charter
provisions would prevail in the same manner that constitutional
provisions supersede statutory codifications.
If you have any further questions upon your review of
this memo, please inform me at your earliest convenience. In the
meantime, I shall complete my review of the M.C.C. analysis to
ensure that no other conflicts have remained unaddressed.
CIN/clg
CHARTER
§ 2.08
Sec. 2.06. Mayor.
The mayor shall preside at meeting of the council, shall have a
vote upon matters before the council but no veto power, and
shall have the power to preserve peace and order, be recognized
as head of the city government for all ceremonial purposes and by
the governor for purposes of military law. The mayor shall sign
all contracts, bonds, debentures, franchises and official documents
on behalf of the city, which shall also be attested by the city
clerk. The first meeting following the general election, the coun-
cji shall elect from among its members a vice-mayor who shall
act as mayor during the absence or disability of the mayor. If
both the mayor and vice-mayor are absent or disabled, the senior
member of the council shall act as mayor during their absence or
disability.
Sec. 2.07. General powers and duties.
All powers of the city shall be vested in the council, except as
otherwise provided by law or this Charter, and the council shall
provide for the exercise thereof and for the performance of all
duties and obligations imposed on the city by law.
Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of councilman or the mayor
shall become vacant upon his/her death, resignation,
removal from office in any manner authorized by law or
forfeiture of his/her office.
(b) For[eiture o[ office. A councilman or the mayor shall
forfeit his/her office if he/she:
(1) Lacks at any time during his/her term of office any
qualification for the office prescribed by this Charter
or by law;
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend there [three] (3) consecutive regular
meetings of the council without being excused by the
council.
Supp. No. 17
9