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HomeMy WebLinkAbout03111992 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-,5570 AGENDA SEBASTI~ CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 11, 1992 - 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 INVOCATION - Reverend Chet Tokar, Sebastian Christian Church 4. ROLL CALL AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETIONS),- Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 92.072 Proclamation - Girl Scout Week - March 8 - 14, 1992 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 92.063 Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. A. ORDINANCE NO. 0-92-03 - POlice Pension Plan AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING A DEFINITION OF FULL TIME FOR THE PURPOSES OF DETERMINING ELIGIBILITY; PROViDiNG A NEW DEFINITION OF MEMBERS' CONTRIBUTIONS; PROVIDING THAT DISTRIBUTIONS TO EACH MEMBER SHALL NOT COMMENCE LATER THAN THE MEMBER'S REQUIRED BEGINNING DATE; PROVIDING REGULATIONS GOVERNING DISTRIBUTIONS UPON THE DEATH OF A MEMBER; PROVIDING LIMITATIONS WITH RESPECT TO INCIDENTAL DEATH BENEFITS PAYABLE UNDER THE SYSTEM; PROVIDING LIMITATIONS ON ANNUAL BENEFITS PAYABLE UNDER THE SYSTEM; CLARIFYING WHAT CONSTITUTES MEMBER CONTRIBUTIONS UNDER THE SYSTEM; PROVIDING THAT NO PART OF THE CORPUS OR INCOME OF THE FUND MAINTAINED UNDER THE SYSTEM MAY BE USED FOR OR DIVERTED TO PURPOSES OTHER THAN FOR THE EXCLUSIVE BENEFIT OF MEMBERS AND THEIR BENEFICIARIES; PROVIDING LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/12/92, Advertised Legal Notices 2/26/92, Public Hearing and Adoption 3/11/92) PUBLIC INPU_~T O_~NAGENDA ITEMS CONSENT AGENDA - All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/26/92 Regular Meeting 2 92.073 92.074 92.055 92.075 92.076 92.077 RESOLUTION NO. R-92-13 - Abandonment of Easement (City Engineer Memo Dated 2/13/92, R-92-13, Application, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST 6 FEET OF LOT 1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 139, SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-99, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND EFFECTIVE DATE. RESOLUTION NO. R-92~16 - Support for SWIM Program (Staff Recommendation dated 3/5/92, R-92-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM.~ De RESOLUTION NO. R-92-18 - Support for Shooting Range on Coraci Property (R-92-18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PROPOSED LOCATION OF A SHOOTING RANGE FACILITY LOCATED ON THE CORACI RANCH LOCATED IMMEDIATELY WEST OF THE CITY LIMITS; PROVIDING THE SUPPORT BY THE SEBASTIAN CITY COUNCIL TO LOCATE THIS RECREATIONAL FACILITY IN THE NORTH COUNTY.~_ Treasure Coast Builders Association - Request Special Events Off-Premise Signs (Staff Recommendation dated 3/4/92, Kavanagh Letter dated 3/3/92) Award Bid for Community Center Flooring - Jerry Smith Tile of Sebastian - $6,150 (Staff Recommendation dated 2/24/92, Bid Tabulation) Waive Bidding Procedure - Copy Machine Purchase - Mira #5585 - EGP, Inc. - $8,810 (Staff Recommendation dated 3/3/92) 3 92.078 92.079 92.080 92.081/ 91.003 92.082 92.083 92.084 10. 11. 12. 13. 91.325 Old Police Station Buildings Removal - Waive Bidding Procedure for Sale or Abandonment of City Property - Authorize Transfer to Brevard Correctional Institution (City Manager Recommendation dated 3/3/92, BCI Letter dated 2/27/92) Bid Award - Police Station Metal Lockers - Craft Equipment Co. of Orlando - $3,755 (Staff Recommendation dated 3/4/92, Bid Tabulation) Sebastian Junior Women's Club - Request to Plant Trees (Staff Recommendation dated 3/4/92, Burtrem Letter dated 2/18/92) Florida Department of Transportation ~ Offer to Compensate City for Replacement Trees - U.S. 1 Median Strip (Staff Recommendation dated 3/5/92, Webb Letter dated 2/28/92) Request to Remove Specimen Tree - MGB Homes, Inc. - One Pine Lot 18, Block 440, SH, Unit 17 (Staff Recommendation dated 3/5/92, Application) Request for Community Center - Caldwell Wedding - 3/21/92 - Noon to 6 p.m. - A/B - Permittee James Caldwell DOB 8/6/25 - Security Paid (Application) Request for Community Center - Rodriguez Wedding - 4/25/92 - 3 p.m. to 9 p.m. - A/B, Decorations and Use of Kitchen Requested - Isabel Herrera Rodriguez Permittee DOB 11-13-53 - Security Paid (Application, City Clerk Letter dated 3/2/92) PRESENTATIONS MAYOR'S ,MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS Report on Elkcam Dam (City Manager Letter dated 3/2/92, Ballard Letter dated 2/15/92, Fallace Letters dated 2/14/92 and 2/25/92) 4 92.085 92.024 92.044 92.086 14. 15. 16. 17. CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS BOARD OF ADJUSTMENT Appoint John R. Price and Fred Beuchling as Alternate Members - Three Year Terms to Expire 3/11/95 (Staff Recommendation dated 3/5/92, Three Applications, Warrant Checks) OLD BUSINESS A. RESOLUTION NO. R-92-17 - Sebastian Lakes Agreement (Staff Recommendation dated 3/4/92, R-92-17, Agreement, Plans Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP, IN A FORM IDENTICAL TO THE AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY SEBASTIAN LAKES ASSOCIATES WOULD DEDICATE CERTAIN STREET RIGHTS-OF-WAY TO THE CITY AND PROVIDE FUNDS NECESSARY TO EFFECT CERTAIN ROAD IMPROVEMENTS IN EXCHANGE FOR AN 18-MONTH EXTENSION OF THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN LAKES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Golf Course Clubhouse Expansion (Staff Recommendation dated 3/4/92, Jones "Development Program" dated 3/3/92, Conceptual Plan Under Separate Cover) NEW BUSINESS A. RESOLUTION NO. R-92-14 - Chessers Gap Final Plat (Staff Recommendation dated 3/4/92, R-92-14, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF CHESSERS GAP SUBDIVISION, PHASE I, CONSISTING OF 15.02 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT AND ANY OTHER SUPPLEMENTAL DOCUMENTS 5 92.009/ 91.194 18. AND AGREEMENTS ON BEHALF OF THE CITY; 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. ORDINANCE NO. 0-92-09 - Solid Waste Franchise Agreement with St. Lucie Waste Services 1st Reading, Set Public Hearing for 3/25/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEE AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION O__F ~USINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda -~y R--~solution No. R-89-30 Limit of Ten Minutes for Each Speaker) 19. 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.) 6 ORDINANCE NO.: 0-92-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING A DEFINITION OF FULL TIME FOR THE PURPOSES OF DETERMINING ELIGIBILITY; PROVIDING A NEW DEFINITION OF MEMBERS' CONTRIBUTIONS; PROVIDING THAT DISTRIBUTIONS TO EACH MEMBER SHALL NOT COMMENCE LATER THAN THE MEMBER'S REQUIRED BEGINNING DATE; PROVIDING REGULATIONS GOVERNING DISTRIBUTIONS UPON THE DEATH OF A MEMBER; PROVIDING LIMITATIONS WITH RESPECT TO INCIDENTAL DEATH BENEFITS PAYABLE UNDER THE SYSTEM; PROVIDING LIMITATIONS ON ANNUAL BENEFITS PAYABLE UNDER THE SYSTEM; CLARIFYING WHAT CONSTITUTES MEMBER CONTRIBUTIONS UNDER THE SYSTEM; PROVIDING THAT NO PART OF THE CORPUS OR INCOME OF THE FUND MAINTAINED UNDER THE SYSTEM MAY BE USED FOR OR DIVERTED TO PURPOSES OTHER THAN FOR THE EXCLUSIVE BENEFIT OF MEMBERS AND THEIR BENEFICIARIES; PROVIDING LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, adopted the Police Officers' Retirement System (the "System") in Ordinance No. 0-89-15; and WHEREAS, the City Council has requested a determination from the Internal Revenue Service that the System qualifies as tax exempt under Section 401(a) of the Internal Revenue Code; and WHEREAS, the Internal Revenue Service has requested that certain amendments be made to the System as a condition to issuing a favorable determination letter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The following sentence shall be added to the definition of "employee or police officer" contained in Section 2- 120 of the Code of Ordinances of the City of Sebastian: "For purposes of this definition, 'full time' means an average of forty (40) or more hours per week, or at least two thousand eighty (2,080) hours during any consecutive twelve (12) month period." Section 2. Section 2-120 of the Code of Ordinances of the City of Sebastian is hereby amended by deleting the definition of "members' contributions" and inserting the following definition in lieu thereof: "'Members' contributions' means amounts deducted from a member's compensation on and after October 1, 1989, pursuant to Section 2- 124(a) of this article, plus interest at the rate of five and one-half percent (5%%) per year, compounded annually." Section 3. Subparagraph (d)(2) of Section 2-122 of the Code of Ordinances of the City of Sebastian is hereby amended by deleting said subparagraph in its entirety and inserting the following provision in lieu thereof: " (2) After becoming eligible 'for retirement., The designated beneficiary of any member who dies after becoming eligible for retirement shall be entitled to the benefits otherwise payable to the deceased member at early or normal retirement age. Such amount shall be payable to said beneficiary on a monthly basis for ten (10) years, or on such other actuarial equivalent basis as provided by the board." Section 4. A new paragraph (d)(3) of Section 2-122 of the Code of Ordinances of the City of Sebastian is hereby created to read as follows: " (3) Limitations. In the event the board purchases life insurance contracts to provide all or part of the death benefit provided herein, the death benefit payable under any such contract shall not exceed: a. One hundred (100) times the estimated normal monthly retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date; or b. Twice the annual rate of compensation as of the deceased member's date of death, or the single-sum value of the accrued deferred retirement income (beginning at normal retirement date) at the deceased member's date of death, whichever is greatest. In the event the:death benefit paid by a life insurance company exceeds the limits set forth the above, the excess of the death benefit over the limit shall be paid to the fund." Section 5. A new paragraph (f) shall be added to Section 2- 122 of the Code of Ordinances of the City of Sebastian to read as follows: "(f) ~equired distributions. (1) Notwithstanding any provision in this article to the contrary, a member's benefits shall be distributed to him not later than the member's Required Beginning Date. A member's Required Beginning Date is the April 1st following the close of the calendar year in which the member attains age seventy and one- half (70%). Alternatively, distributions to a member must begin no later than the April 1st as determined under the preceding sentence and must be made over the life of the member (or the lives of the member and the member's designated beneficiary) or, if benefits are paid in the form of a joint and survivor annuity, the life expectancy of the member (or the life expectancies of the member and his designated beneficiary) in accordance with Federal Income Tax Regulations. (2) Notwithstanding any provision in this article to the contrary, distributions upon the death of a member shall be made in accordance with the following requirements and shall otherwise comply with Section 401(a)(9) of the Code and the regulations thereunder. a. If it is determined, pursuant to regulations, that the distribution of a member's interest has begun, and the member dies before his entire interest has been distributed to him, the remaining portion of such interest shall be distributed at least as rapidly as under the method of distribution selected by the member as of his date of death. b. If a member dies before he has begun to receive any distributions of his interest in the retirement system or before distributions are deemed to have begun pursuant regulations, then his death benefit shall be distributed to his beneficiaries in accordance with the following rules: (i) The entire death benefit shall be distributed to the member's beneficiaries by December 31st of the calendar year in which the fifth (5th) anniversary of the member's death occurs; (ii) The five (5) year distribution requirement of (i) above shall not apply to any portion of the deceased member's interest which is payable to or for the benefit of a designated beneficiary. In such event, such portion shall be distributed over the life of such designated beneficiary (or over a period not extending beyond the life expectancy of such designated beneficiaries), provided such distribution begins not later than December 31st of the calendar year immediately following the calendar year in which the member died; (iii) Notwithstanding the above, in the event the member's spouse (determined as of the date of the member's death) is his designated beneficiary, the provisions of (ii) above shall apply except that the requirement that distributions commence within one (1) year of the member's.death shall not apply. In lieu thereof, distributions must commence on or before the later of: (A) December 31st of the calendar year immediately following the calendar year in which the member died; or (B) December 31st of the calendar year in which the member would have attained age seventy and one-half (70%). If the surviving spouse dies before distributions to such spouse begin, then the five (5) year distribution requirement of this section shall apply as if the spouse was the member. (3) Distributions to a member and his beneficiaries shall only be made in accordance with the incidental death benefit requirements of Section 401(a)(9)(G) of the Code and the regulations thereunder." new paragraph (g) shall be added to Section 2- 122 of the Code of Ordinances of the City of Sebastian to read as follows: "(g) Limitation of Benefits. (1) The annual benefit otherwise payable to a member at any time will not exceed the maximum permissible amount. If the benefit the member would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum permissible amount, the rate of accrual will be reduced so that the annual benefit will equal the maximum permissible amount. (2) The limitation in paragraph (1) above is deemed satisfied if the annual benefit payable to a member is not more than One Thousand and 001/00 Dollars ($1,000.00) multiplied by the member's number of years of service or parts thereof (not to exceed ten (10)) with the city. (3) If the city maintains, or at any maintained, one (1) or more qualified defined 5 contribution plans covering any member in this system, a welfare benefit fund, as defined in Section 419(e) of the Code, or an individual medical account as defined in Section 415(1)(2) of the Code, the sum of the member's defined contribution fraction (as defined in Section 415(e)(3) of the Code) and defined benefit fraction (as defined in Section 415(e)(2) of the Code) will not exceed 1.0 in any limitation year. To the extent necessary to satisfy this limitation, the city will reduce the member's projected annual benefit under the system. (4) For purposes of this Section, the following terms shall have the following meaning: a. Annual benefit. A retirement benefit under the system which is payable annually in the form of a straight life annui%y. Except as provided below, a benefit payable in a form other than a straight life annuity must be adjusted to an actuarial equivalent straight life annuity before applying the limitations of this paragraph. The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in Section 2-120 of this article or five percent (5%). No actuarial adjustment to the benefit is required for: (i) the value of a qualified joint and survivor annuity, (ii) the value of benefits that are not directly related to retirement benefits (such as the qualified disability benefit, pre- retirement death benefits, and post-retirement medical benefits), and (iii) the value of post- retirement cost of living increases made in accordance with Section 415(d) of the Code and Section 1.415-3(c)(2)(iii) of the Federal Income Tax Regulations. b. Compensation. Wages, salaries, and fees for professional services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the city to the extent that the amounts are includable in gross income (including, but not limited to, commissions paid salesmen, compensation for services on the basis of a percentage of profits, com- missions on insurance premiums, tips, bonuses, fringe benefits, reimbursements and expense allowances) and excluding the following: (i) city contributions to a plan of deferred compensation which are not includable in the member's gross income for the taxable year in which contributed, or city contributions under a simplified employee pension plan to the extent such contributions are deductible by the member, or any distri- butions from a plan of deferred compensation; (ii) amounts realized from the exercise of a non-qualified stock option, or when restricted stock (or property) held by a member either becomes freely transferable or is no longer subject to a substantial risk of forfeiture; (iii) amounts realized from the sale, exchange, or other disposition of stock acquired under a qualified stock option; and (iv) other amounts which received special tax benefits, or contribu- tions made by the city (whether or not under a salary reduction agreement) towards the purchase of an annuity described in Section 403(b) of the Code (whether or not the amounts are actually excludable from the gross income of the member). c. Defined benefit dollar limitation. Ninety Thousand and 00/100 Dollars ($90,000.00). Effective on January 1, 1989, and each January thereafter, the Ninety Thousand and 00/100 Dollars ($90,000.00) limitation above will be automatically adjusted by multiplying such limit by the cost of living adjustment factor prescribed by the Secretary of the Treasury under Section 415(d) of the Code in such manner as the Secretary shall prescribe. The new limitation will apply to limitation years ending within the calendar year of the date of the adjustment. d. Hiqhest average comDensatiQ~. The average compensation for the three (3) consecutive years of service with the city that produces the highest average. year. e. Limitation year. The fiscal f. Maximum permissible amount. (i) The lesser of the defined benefit dollar limitation or 100 percent (100%) of the member's highest average compensation. (ii) If the member has less than ten (10) years of employment with the city, the defined benefit dollar limitation is reduced by one-tenth (1/10) for each year of employment (or part thereof) less than ten (10). To the extent provided in regulations or in other guidance issued by the Internal Revenue Service, the preceding sentence shall be applied separately with respect to each change in the benefit structure of the system. If a member has less than ten (10) years of service with the city, the compensation limitation is reduced by one-tenth (1/10) for each year of service (or part thereof) less than ten (10). (iii) If the annual benefit of the member commences before age sixty-two (62), the defined benefit dollar limitation shall be determined in accordance with regulations prescribed by the Secretary of the Treasury, by reducing the limitation so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement benefit begins) which is equivalent to the defined benefit dollar limitation beginning at age sixty-two (62). The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in Section 2-120 of this article or five percent (5%). The reduction under this subparagraph shall not reduce the defined benefit dollar limitation below the following: (A) Seventy-Five Thousand and 00/100 Dollars ($75,000.00) if the benefit begins at or after age fifty-five (55), or (B) If the benefit begins before age fifty-five (55), the equivalent of the Seventy-five Thousand and 00/100 Dollars ($75,000.00) limitation for age fifty-five (55). (iv) If the annual benefit of a member commences after age sixty-five (65), the defined benefit dollar limitation shall be adjusted so that it is the actuarial equivalent of an annual benefit of such dollar limitation beginning at age sixty-five (65)." Section 7. Paragraph (a) of Section 2-124 of the Code of Ordinances of the City of Sebastian is hereby amended' by deleting paragraph (a) in its entirety and inserting the following provision in lieu thereof: "(a) Member contributions. (1) Amount. Effective October 1, 1989, the city shall deduct from the compensation of each member an amount equal to five percent (5%) of such member's compensation by way of a payroll deduction which shall be collected and deposited no less frequently than monthly. Such deductions are hereby designated as mem- bers' contributions; provided, however, that although designated as members' contributions, such contributions shall be paid by the city through a reduction in each member's current salary and members may not elect to receive such contributions directly." Section 8. A new paragraph (f) shall be added to Section 2- 127 of the Code of. Ordinances of the City of Sebastian to read as follows: "(f) Except as provided above and otherwise specifically permitted by law, it shall be impossible by operation of this article, by termination, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement or by any other means, for any part of the corpus or income of the fund maintained pursuant to this article or any funds contributed thereto to be used for, or diverted to, purposes other than the exclusive benefit of members, retired members, or their beneficiaries." Section 9. A new paragraph (g) shall be added to Section 2- 127 of the Code of Ordinances of the City of Sebastian to read as follows: "(g) Limitations of benefits on termination. early (1) For fiscal years beginning before January 1, 1991, city contributions on behalf of any one of the twenty-five (25) highest paid employees at the time the system.is established and whose anticipated annual benefit exceeds Fifteen Hundred and 00/100 Dollars ($1,500.00) will be restricted as provided in paragraph (2) below upon the occurrence of the following conditions: a. The system is terminated within ten (10) years after its establishment, 'b. The benefits of such highest paid employee become payable within ten (10) years after the establishment of the system, or c. If Section 412 of the Code (without regard to Section 412(h)(2)) does not apply to this system, the benefits of such employee become payable after the system has been in effect for ten (10) years, and the full current costs of the system for the first ten (10) years have not been funded. (2) City contributions which may be used for the benefit of an employee described in paragraph (1) above shall not exceed the greater of Twenty Thousand and 00/100 Dollars ($20,000.00), or twenty percent (20%) of the first Fifty Thousand and 00/100 Dollars ($50,000.00) of the employee's compensation multiplied by the number of years between the date of the establishment of the system and: a. If (1)a applies, the date of the termination of the system, 10 b. If (1)b applies, the date the benefits become payable, c. If (1)c applies, the date of the failure to meet the full current costs. (3) If the system is amended so as to increase the benefit actually payable in the event of the subsequent termination of the system, or the subsequent discontinuance of contributions thereunder, then the provisions of the above paragraphs shall be applied to the system as so changed as if it were a new system established on the date of the change. The original group of twenty-five (25) employees (as described in (1) above) will continue to have the limitations in paragraph (2) apply as if the system had not been changed. The restrictions relating to the change of system should apply to benefits or funds for each of the twenty-five (25) highest paid employees on the effective date of the change except that such restrictions need not apply with respect to any employee in this group for whom the normal annual pension or annuity provided by city contributions prior to that date and during the ensuing ten (10) years, based on his rate of compensation on that date, could not exceed Fifteen Hundred and 00/100 Dollars ($1,500.00). (4) The employer contributions which may be used for the benefit of the new group of twenty-five (25) employees will be limited to the greater of: a. city contributions (or funds attributable thereto) which would have been applied to provide the benefits for the employee if the previous system had been continued without change; b. Twenty Thousand Dollars ($20,000.00); or and 00/100 c. The sum of (i) City contributions (or funds attributable thereto) which would have been applied to provide benefits for the employee under the previous system if it had 11 been terminated the day before the effective date of change, and (ii) An amount computed by multiplying the number of years for which the current costs of the system after that date are met by (A) twenty percent (20%) of his annual compensation, or (B) Ten Thousand and 00/100 Dollars ($10,000.00), whichever is smaller. (5) Notwithstanding the above limitations, the following limitations will apply if they would result in a greater amount of city contributions to be used for the benefit of the restricted employee: a. In the case of a substantial owner (as defined in Section 4022(b)(5) of ERISA), a dollar amount which equals the present value of the benefit guaranteed for such employee under Section 4022 of ERISA, or if the system has not terminated, the present value of the benefit that would be guaranteed if the system terminated on the date the benefit commences, determined in accordance with regulations of the Pension Benefit Guaranty Corporation (PBGC); and b. In the case of the other restricted employees, a dollar amount which equals the present value of the maximum benefit described in Section 4022(b)(3)(B) of ERISA (determined on the earlier of the date the system terminates or the date benefits commence, and determined in accordance with regulations of the PBGC) without regard to any other limitations in Section 4022 of ERISA. (6) If, as of the date the system terminates, the value of the fund is not less than the present value of all accrued benefits (whether or not non-forfeitable), distributions of assets to each member equal to the present value of that member's accrued benefit will not be discriminatory if the formula for computing benefits as of the date of termination is not discriminatory. All present values and the value of plan assets will be computed using an 12 assumption satisfying Section 4044 of ERISA. Upon the occurrence of the above situation, the amount by which the value of the fund exceeds the present value of accrued benefits (whether or not non-forfeitable) will revert to the general fund of the city. (7) For fiscal years beginning on or after January 1, 1991, benefits distributed to any of the twenty-five (25) most highly compensated active and former highly compensated employees are restricted such that the annual payments are no greater than an amount equal to the payment that would be made on behalf of the employee under a single life annuity that is the actuarial equivalent of the sum of the employee's accrued benefit and the employee's other benefits under the plan. The preceding provision shall not apply if: a. After payment of the benefit to an employee described in the preceding provision, the value of the fund equals or exceeds one hundred ten percent (110%) of the value of current liabilities, as defined in Section 412(1)(7) of the Code, or (b) The value of the benefits for an employee described above is less than one percent (1%) of the value of current liabilities. (8) For purposes of this Section, benefit includes loans in excess of the amount set forth in Section 72(p)(2)(A) of the Code, any periodic income, any withdrawal values payable to a living employee, and any death benefits not provided for by insurance on the employee's life." Section 10. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the 13 City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section, .... Article" or other appropriate designations. Section 12. SEV~RABiLITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 13. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid 14 adopted this ATTEST: The Mayor thereupon declared this Ordinance duly passed and day of , 1992. CITY OF SEBASTIAN, FLORIDA By: W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE, City Clerk (SEAL) I HEREBY CERTIFY that a notice of public hearing on this Ordinance were published in the Vero Beach Press Journal as required by State Statute, that the notice requirements of Section 166.041(3)(c)2. of Florida Statutes were complied with, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1992, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE, City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 15 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: February 13, 1992 TO: Kathryn M. 0'Halloran City Clerk ~ FROM: Daniel C. Eckis, P City Engineer/Public Works Director RE: Abandonment of Easement - East six (6) feet of Lot 1, and the West six (6) feet of Lot 2, Block 139, Unit 3, Sebastian Highlands. I have reviewed the request for abandonment of easements and I have no objections to this adandomnent being approved, for the installation of a storage building on the property. Should you have any further information, please feel free to contact our office. DCE: lk RESOLUTION NO. R-92-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST 6 FEET OF LOT 1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 139, SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-99, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AND EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The east six feet of Lot 1, and the west six feet of Lot 2, Block 139, Unit 3, Sebastian Highlands, according to the plat thereof, recorded in PBI 5/99, Public Records of Indian River County, Florida. SECTION II All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. CITY OF SEBASTIAN, FLORIDA ATTEST: by: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this__day of , 1992. Kathryn M. O'Halloran, CMC/AAE (SEAL) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally apDeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. * * * * WITNESS my hand and seal in Indian River County, Florida, this day of , 1992. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: 2 CITY OF BEBASTXAN APPLICATION FOR VACATION OF EASEMENT(S) (This request shall no be accepted unless completed in full~ *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: oT$ i-e L _ BY-/ (Attech de~r~p~°n o~ ~c~en~ ~f neceee~) D~IPT~V~ LO~AT~ON O~ ~A~ ~0 ~ ~ON~D: SXZ~ OF EASEM~NT~~feet Xn Xength/~ ~n width PURPOSE FOR REQUEST TO VACATE: (Explain in detail your n~ed t° release th~ easement) i HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present th~s request to vacate by the owner of the reel ~igned:(t~itle, ~f any) Date Please Print Name Here A%tach hereto'the following~ ( ) 1. Map, plat, Sudsy, or clear drawing at least 8 1/2" x 11' showing ~he parcel of land on which ~he easement exists, with parcel(s) of land adjacent to the easemen~ requested to be vacated. SHOW THE ~S~ CL~RLY ON D~WXN~. ( ) 2. ( N/A ) ( ) 3. ( N/A ) Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on the lines provided above for the description. Written authorization of the owner of the parcel of lend on which the easement exists if the applicant is not the . owner. ( ) 4. (N/A) IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO SE VACATED, ATTACH A DEED' OF EASEMENT TO ACCOMPLISH THE DEDicATION OF THE NEW EASEMENT. ( )5. Attach a check or money order payable to "The City of Sebastian# upon submittal of this application to the Office of the City Clerk. This application fee is not refundable. The fee is $25.00. of the City Clerk ,~////~ · 7I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 Resolutim ~.R-92-16 S~ f~ SWIM~~ ) ) Dept. O~igin City C~erk ) ) Date Suhnitted 3/5/9~ ) ) For A~enda Of 3/11/92 ) Exhibits: R-92-16 EXPERDITJRE AMOUNT APPROPRIATION Pd~JjIR~D: BUDGETED: REQUIRSD: ~ STATf~ENT Indian River County (kmmissi~, Gary Wheeler, requested by letter to Mayor ~ that the City Council adopt a resolution to support co~tinuance of the SWIM program. The City of Sebastian received SW~4 fund~ for Riverview Park A resolution s/milar to Indian River County's resoluticn is attached for your consideratic~. Adopt Resolution No. R-92-16. RESOLUTION R-92-16 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM. WHEREAS, the Florida Legislature enacted the Surface Water Improvement and Management (SWIM) Act in 1987 which directed the water management districts, state agencies and local governments to implement plans for improvement and management of the state's priority surface water bodies; and WHEREAS, the Indian River Lagoon was declared a SWIM priority water body; and WHEREAS, a management plan for the Lagoon was adopted in September 1989; and WHEREAS, a portion of the Indian River Lagoon watershed lies within the boundaries of the City of Sebastian and significantly contributes to the aesthetic, ecological and economic values of our community; and WHEREAS, SWIM funding has provided assistance to the City of Sebastian during the current fiscal year, in the amount of Si0,000.00 (ten-thousand dollars) to construct an award-winning stormwater treatment system in Riverview Park, and WHEREAS, the continued funding of the SWIM program and the establishment of a permanent funding source will result in the successful continuation and completion of projects designed to preserve and restore the state's valuable surface waters such as the Indian River Lagoon system; NOW, THEREFORE, BE IT RESOLVED that the City Council, City of Sebastian respectfully requests that the legislature continue the SWIM program and establish a permanent funding source for this most worthwhile endeavor. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. CITY OF SEBATIAN, FLORIDA by: W. E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles ian Nash, Attorney 2 RESOLUTION NO.: R-92-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PROPOSED LOCATION OF A SHOOTING RANGE FACILITY LOCATED ON THE CORACI RANCH LOCATED IMMEDIATELY WEST OF THE CITY LIMITS; PROVIDING THE SUPPORT BY THE CITY COUNCIL TO LOCATE THIS RECREATIONAL FACILITY IN THE NORTH COUNTY. WHEREAS, Indian River County Fire Arms Range Committee has recommended to the Indian River County Commission two sites for proposed public shooting range~ and WHEREAS, the Sebastian City Council supports the proposed site on land known as the Coraci property, located immediately west of the City limits; and WHEREAS, the City Council has determined the location of this facility on the Coraci property will enhance the Police Department's ability to qualify with their fire arms as required by the State of Florida; and WHEREAS, a local shooting range facility will provide additional recreational sports and provide the capability of promoting proper gun safety; Now. therefore, be resolved that the City Council. City of Sebastian respectfully request that the indian River County Commission pursue the location of a shooting range facility on the Coraci property. The foregoing resolution was moved for adoption by Councilman Councilman the vote was as followst Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George G. Reid The motion was seconded by and, upon being put to a vote. The Mayor thereupon declared this Resolution duly passed and adopted this day of ....... , 1992. CITY OF SEBASTIAN. FLORIDA ATTEST~ by, W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content, Charles Ian Nash, Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ri FAX (407) 589-5570 SUEJECT, REQUEST FROM TREASURE COAST BUILDERS ASSOCIATION FOR SPECIAL EVENT SIGNS Approved For Submittal By= City Manager ~' Agenda Number, Dept. Origin: Community Development Date Submitted, 03/04/9.2 ........... (BC)~ For Agenda Of, Exhibits, Letter dated 3/3/92 from Gall Kavanagh EXPENDITURE REQUIRED, AMOUNT BUDGETED, APPROPRIATION REQUIRED~ SUMMARY STATEMENT Treasure Coast Builders Association is coordinating a "Parade of Homes" in the Sebastian area from March 2Otb through the 29th, 1992. The TCBA is requesting the following pursuant to Section 20A-15.6 (F)(3) of the Land Development Code: Approximately 10 models located within the Sebastian Highlands will each display one sign approximately 6 square feet in size indicating the TCBA "Parade of Homes" logo and an entry number. The TCBA is also requesting directional signs to be placed within the right-of-way· In the past, I have approved temporary special event signs pursuant to Section 2OA-15.6 (F) for commercial property, religious, and educational facilities but, I feel the temporary signs within a residential area need to be approved by City Council. Staff has no objections to the request based on the following: The proposed signs on private property will be the same size of real estate signs within the residential area. The directional signs will be similar in nature to an open house sign that is already permitted within the right-of-way. Page 2 RECOMMENDED ACTION Move to approve the request from Treasure Coast Builders Association provided the off-premise signs shall not exceed 4 square feet in area, shall be located at least 5 feet from the adjacent road, and shall not exceed a height of 3 feet above the crown of the road, FF?JI'I IFDI4 Area code (407) 464-TCB^ 257-779~ 336-TCB^ 562-TCBA Fax 461-4054 Executive Vice President Gall Kavanagh TREASURE COAST BUILDERS ASSOCIATION 6560 South Federal Highway, Port St. Lucie, Florida 34952 March 3, 1992 RECEIVED MAR 0 Mr. Bruce Cooper City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 Re: Waiver pursuant to Section 20A=15.6 F3 of the Land Development Code Dear Bruce: Treasure Coast Builders Association is trying to put together a "Parade of Homes" in the Sebastian area for March 20-29, 1992, a total of nine days. We have signs that we would Igke to put up for each model entered (approximately ten). The signs are the same size as real estate "for sale" signs and will have the'TCBA nparade of Homes" Logo on them. They .would also have the entry number. Is this possible if we guarantee to place the signs only during the Parade and pick them up when the Parade ends? We also have small directional signs that say "Parade of Homes". Are they possible? We are trying to do everything we can to give the economy and the industry a shot-in-the-arm, so anything you can suggest wo~uld be greatly appreciated. I will be back in Sebastian Monday afternoon, so call me at 562-8222 to schedule a time that is convenient to discuss this matter. Thank you for your help. Sincerely, GALL. KKg~NAG H Executive Vice President First Vice President Harold McDuffie Pr~idcnt Pct~ Gtit~st~ Second Vice President Ka;hy Wootton Immediate Past Pr~iden! Treasurer Ken Ringe Secreb~ry Bill Norvell City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: Bid Award for Community Center Flooring Approved For Submittal By: City Manager Agenda No. /,~'~'~ Dept. Origin Finance (LWN) Oate Submitted Ogzg4-92 . For Agenda of 03-[,)-~? Exhibits: Bid Tabulation EXPENDITURE AMOUNT REQUIRED: $ 6,150.00 BUDGETED: $ 7,500.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Three bids were received for removal and replacement of the vinyl tile flooring in the community center. A bid clarification conference was held via telephone and all three bidders were found to be qualified and competent to perform the contract. Carpet Counselors of Stuart who bid $5,571.55 for Armstrong tile and Arcade Carpet & Tile of Melbourne who bid $5,720.00 for Armstrong'File included in their bids only a minimal amount of floor prep after the existing tile is removed. Jerry Smith Tile of Sebastian, however, included in their bid a substantial amount of floor leveling after removing the old tile. The present concrete floor has some very wavy and bumpy areas and is in dire need of being leveled prior to the installation of the new tile. Adequate funds are budgeted and available in the Capital Projects Fund. RECOHM, E~DED ACTION Move to award the bid for Community Center flooring to the best bidder, Jerry Smith Tile of Sebastian, in the amount of $6,150.00. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBOECT~ Waiver of Bidding Procedure for Copy Machine Purchase Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda of ) ) Exhibits: ) ) ) Finalnce (LWN) 03-03-92 03-11-92 EXPENDITURE REQUIRED: $ 8,810.00 AMOUNT APPROPRIATION BUDGETED: $ -0- REQUIRED: SUMMARY STATEMENT The Capital Improvements Fund contains some $20,276.00 left over from the purchase of four {4} police pursuit vehicles, and the Police Department is in need of a copy machine to replace a four and one half (4 1/2) year old Mita #2255 that has already been rebuilt once. In addition, the city clerk's officeis in need of a faster machine. EGP, Inc. is the supplier and maintainer of all copy machines in use by all departments of the city, and they have a Mita #5585 available for $8,810.00. EGP has the GSA price awarded by Federal Contract and they were awarded the bid to supply all copiers and service to the Indian River County School Board. EGP has provided excellent service and maintenance. Pursuant to the code section 2-64 {j), "The City Council may waive or modify the bidding procedure on specific contracts for good cause". RECOMMENDED ACTION Move grant a waiver of bidding procedure and authorize the purchase of a Mita #5585 from EGP, Inc. in the amount of $8,810.00. Specifications Process ............................................... Indirect Dual Component DW Toner Type ....................................................................... Console Originals ............................................. Sheets. books. 3~imenstonol objects Copy Sizes ....................................... Maximum: tt * x t7 ". Minimum: 5s/~ * x 8s/2- Cop~ing Speed .......................... 55 copies per minute [11 # x 8s/~ -] (Equal-size copying] Duplex Copying ............................... 1'1 * x 17 *-8 ~/~ * x 11 ' (Up to 100 copies per run] Warm~up time .......................... 8 minutes or less {About 20 seconds during Pre-He, ting] Reproduction I~adio .............................................................. I: 1 Reduction/enlargement set by Aulomollc Reproduction Ralio (6R4E] Zoom (64%-141% In I% steps] Exposure ....................................................... Automatic and Manual Ught Source ............................................................ Halogen lamp Continuous.copying .................................................... Up 1o 999 copies Paper Feeding Systems .................... Aulomatic sheet feed (four cosseltes] and Stock Bypass Cassette Capacities .......................................... 250 sheets (First and Second] 500 sheets [Third) 2.500 sheets (F. oudh] 50 sheets {Stock Bypass] Toner Dtspenslng System ..................................... Auiomatic loner Density Control Power Source ........................................................... AC t20V. 60Hz Dimensions .................................................. 63 ~(W) x 25,/~-(D) x 42% Weight ...................................................... ' ................. §07 lbs. RADF Orlglncll Sizes .................................................... 11" x17" to 51/~' x8V~' Acceptable Paper Weights ................................................ 13.3 to 29.3 lbs. Feeding Capoclty ..................................................... 50 sheets (2¢ rios.) Power Source ................................................... '. Supplied from DC-§585 AS-10 Number of bins ........................................ 2t (20 sod bins and one non-sod bin) Acceptable Copy Riper Sizes ........................................ 11" x 17 · to 5V2" × 8'/~ ' Bin Capacity ............................................. Non-sod bin: 200 sheets [2t .3 Ibs.] Each sort bin: ,50 sheets (21.3 lbs.) COpy Side .................................................................. Face up Dimensions ................................................ 20'/,"(WI x 19Y,'[D] x 33%'{H] Weight ..................................................................... 74.9 lbs. Fewer Source ........................................................... AC t20V, 60Hz · For best copy results, we recommend that you use only Mite original consumables for your Mtto copiers. · Specifications and design ore subject to change without notice. 70' liB' MITA COPYSTAR AMERICA, INC. Headquellerl: Helghls F~, 777 Terrace Avef"~Ja. Hesb4'ouck He. It. N~ Je~ 07~. U.S.A. P~; (~1) 2~-6~, T~ex; 4974~3 MITA HBH Nffi~lltem R~lon: 1275 va~ Br~ A~e L~dh~, N~ J~y 07071 P~: (~1) 4~,~ Mldwe~t~ R~I~: 12~ Lu~ ~e. ~lk Gro~ V~a~, ~i~s ~7 Ph~: (31 ~ 364-~ Western R~lon: ~-B ~h F~r~w Avia. ~a A~. C~il~nia 927~ Ph~: (714) 5~.03t8 Southern R~I~: ~ W~s R~, T~r. G~rgta ~ ~: (4~) 939-~21 Southwestern R~lon: 2~5 w~ Slay R~d I~ng Texas 75038-52~ Phew: (2t4) 5~-8987 MITA COPYSTAR CANADA, ETD. 6120 K~l~el R~U, Mi~s~u~a, Ontario LST ~7 Phew: (4~6) 671-4425, Telex: 6983586 MITAC~Y MSGA Local AuthOriZed Dealer. Prlnled in Japan Code No 85874311 ©1988 MITA INDU~"FRIAL CO., LTD. · City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Old Police Station Removal Approved For Submittal By: City Manager Agenda No. Dept. of Origin: City Manager Date Submitted: 03/03/92 For Agenda Of: 03/11/92 Exhibits: - Brevard Correctional Institute Letter Dated 2-27-92 EXPENDITURE REQUIRED= AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Brevard Correctional Institution is operated by the Florida Department of Correction. They have recently approached the City and have offered to remove the old police station buildings from our site in exchange for the buildings. The buildings would be used by this State agency at their Brevard County site and they would be responsible for moving the units at their expense. They have inspected the existing buildings and are flexible in the City's time schedule in vacating the old structures. Section 2 - 65 of the City Code governs the sale or abandonment of City property. This section requires the Chief Administrative Officer to determine that the personal property owned by the city is no longer needed, that city Council approve the sale of any personal property in excess of $4,000, and requires that the property to be sold is either bid or that City Council grant a bid waiver. Given the fact that the Brevard Correctional Institution is a State agency and that the removal of these buildings by the Brevard Correctional Institution would constitute valuable consideration for the City, staff recommends that the city Council accept Brevard Correctional Institution's offer. RECOMMENDED ACTION Move to declare the existing police station buildings located on U.S. #1 as property no longer needed (effective upon vacation by the Police Department), to approve a waiver of normal bidding procedures and to authorize the transfer of this personal property to Brevard Correctional Institution per their letter of request dated February 27, 1992. BREVARD CORRECTIONAL INSTITUTION Governor LAWTON CHILES Secretary HARRY K. SINGLETARY, JR. P.O. Box 340, Camp Road, Sharpes, Florida 32959 * Telephone: (407) 632-6711 February 27, 1992 l~. Robb McClary City Manager --- P. O. Box 780127 Sebastian, FL 32978 Re: Trailer and Portable Building Dear Mr. McClary: We would llke to advise you that we definitely are interested in obtaining the Double-wide Trailer and Portable Building, currently being used by your Police Department. We will be responsible for moving these units at our expense and will leave the area in a presentable condition. Thank you for your consideration, as we will be able to put these buildings to good use. if I may provide any additional information, please advise. Sincerely, S T. O'N~.j~ SUPERINTENDENT J .~Ts y~r~ss Manager LJT/jrs City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT= Bid Award for Police Station Metal Lockers Approved For Submittal By: City Manager ) Agenda No. ~'~ ?~ ) ) Dept. Origin Finance,,,{LWN) ) ) 0ate Submitted 03-04-92 ) ) For Agenda of 03-1]-92 ..... ) ) Exhibits: Bid Tabulation ) ) ) EXPENDITURE REQUIRED: $ 3,755.00 AMOUNT BUDGETED: $ 10,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Three bids were received for police station metal lockers. All three bids meet the specifications and all three vendors were found to be qualified to complete the contract. Adequate funds are budgeted and available in the Capital Projects Fund. BECOMMENDED ACTION Move to award the bid for police station metal lockers to the lowest and best bidder, Craft Equipment Co. of Orlando, in the amount of $3,755.00. City of Sebastian POST OFFICE BOX 780127 c SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT, REQUEST FROM SEBASTIAN RIVER JUNIOR WOMAN'S CLUB TO PLANT TREES Approved For Submittal By: City Manager ~~ Agenda Number: ~,0~0 Dept. Origin: Community .Development Date Submitted, For Agenda Of= Exhibits= (BC)~ .03/O4/92 o3/1,!/92--- Letter dated 2/18/92 from Donna Burtrem EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian River Junior Woman's Club is requesting the City Council's permission to plant small trees in designated areas within City parks and property. The Sebastian River Junior Woman's Club plan to plant a tree for every child born in the North County after January 1992 and will seek other locations such as the local schools for these plantings. Staff recommends approval of their request subject to the club coordinating with the Public Works Department prior to any plantings within the City parks or property. RECOMMENDED ACTION Move to approve the request from Sebastian River Junior Woman's Club to plant trees in City parks subject to coordination with the Public Works Department prior to planting. Sebastian River Junior Woman's Club 952 O.S. Highway #1 Sebastian, Florida 32958 February 18, 1992 Mr. Robb McClary City Manager City of Sebastian 1225 Main Street Sebastian, FI. 32958 Dear Mr. McClary: As conservation chairman for the Sebastian River Junior Woman's Club, I am writing to you regarding a project that our organiza~-- tion would like to present to the residents of the city of Sebastian. In an effort toward conservation we would like permission from the City to plant small trees in designated areas within city parks and property. Our intention is to plant a tree for every child born in the north county from January 1992 forward, followed by the presentation of a certificate in the child's name to the child. We are also contacting our three local school principals to ask their permission to do the same on designated school grounds. The trees will be only native Florida specimens that do not have an adverse effect upon other native trees and the environment, such as live oaks. Members of the club will raise seedlings until they are approximately two feet in height and ready for planting. We intend to plant in the spring and fall months only and will water for approximately four weeks after the initial planting, after which time, the trees should be able to maintain themselves. If for some reason, the trees die within four weeks after planting, we will remove and replace with another tree. We feel that this is a wonderful way to beautify our city, con- serve our environment and educate our children to become environmentally aware citizens. Please let me know whatever is necessary for us to do in order to make this project a reality. Sincerely, Donna L. Burtrem Conservation Chairman, S.R.J.W.C. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: FLORIDA DEPARTMENT OF TRANSPORTATION'S PROPOSAL TO COMPENSATE THE CITY FOR TREES IN U.S. #1 MEDIAN Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Comm,~nit¥ Development Date Submitted: 03/05/92 For Agenda Of: 03/[[.,/92 ......... ) Exhibits: ) Letter dated 2/28/92 from Harold Webb ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Florida Department of Transportation has decided to compensate the City of Sebastian for the trees that will be removed from the median of U.S. #1 as a result of their revisions. The F.D.O.T will supply the required trees to the City of Sebastian after completion of construction and the City will then be responsible for the planting and maintenance of the trees. RECOMMENDED, ACTION Move to accept the Florida Department of Transportation's offer to compensate the City of Sebastian for replacement trees within the median of U.S. #1. g~ FLORIDA LAWTON CHILES DEPARTMENT OF TRANSPORTATION DISTRICT ROADWAY DESIGN - DISTRICT 4 80 Southwest 24th street, Fort Lauderdale, Florida ~ ~" 33315-2696  ephone: (305)524-8621 ./*~'- ~,~ '~bruary 28, 1992 /. Mr. Robert S. ~ ~n~stimm % P.O. Box 780127 ~O~. Sebastian, F1 32978 Subject : State Road No ...... 5 (US-l) W.P.I. No .......... 4115423 State Project No...88010-3529 F.A.P. No .......... HES-485-5 (43) County ............. Indian River Description ........ Fr. M.P. 17. 782 (S of indian River Dr) To M.P. 22.269 (County line) Dear Mr. McClary : BEfl G. M~A'F'~S SECRETAI%Y As we mentioned in a previous letter to you, the Department of Transportation decided to change the existing type "A" curb, in the median, to type "F" curb, during construction of the referenced project, to facilitate future landscaping. The department has since decided to compensate the City of Sebastian for the trees that will be removed from the median as a result of our median revisions. The F.D.O.T. will supply the required trees to the City of Sebastian after the completion of construction. The City will then be responsible for the planting and maintenance of the trees. I have spoken to Cathrine Hilton, your City Planner, about the trees. She has agreed to coordinate this with Carl Higgins, F.D.O.T.,s District Landscaping Coordinator. If you require further information, please call me at ext. 339 or Henry Oaikhena at ext 389. Howard Webb, P.E. Project Manager cc: Jim Wolfe, 'Director of Production, F.D.O.T. Dillard Pfeiffer, Assist. District Design Engineer, F.D.O.T. Carl Higgins, District Landscaping Coordinator, F.D.O.T. Barbara Sarff, District Public Information Director, F.D.O.T. Cathrine Hilton, City Planner City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FROM MGB HOMES, INC. Approved For Submittal By: City Manager _~~-~ Agenda Number: Dept. Origin: Community Development (BC)~. Date Submitted: 3/05/92 For Agenda Of: 3/11/92 Exhibits: Application for Tree Removal dated 3/5/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, MGB Homes, Inc., is requesting removal of one speciman tree on a property at 108 Melton Avenue (Lot 18, Block 440, Sebastian Highlands Unit 17). The tree is located in the proposed location for the swimming pool. RECOMMENDED ACTION Move to approve the removal of one pine tree over 20 inches in diameter located on Lot 18, Block 440, Sebastian Highlands Unit 17. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION OF TREES LOT NO.: SUBDIVISION: UNiT NO.:_L~ CONTRACTOR, /~&~ {~~ (~. -- PHONE: UB-CONT~CTOR: ADDRESS: PHONE: ~'-3~ ... REASON FOR THE PERMIT: ,.~c~.... ~~q t¢'¢.-,...~ OWNER OF PROPERTY: ~,c), ~t ,a'.-.. ~, a,.,~ ~ ~ ~ ~ ~ ~~ ADDRESS: .~ ~~ ~ ~~ ~ ZIP: PHONE NO.: ~-~ .. I certify that ail the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( Article~ ~~ ,..: ' Signatur~- APPLICATION MUST INCLUgE,/_ _./ . 1. On a survey, lo,ate a~ specimen trees (20 inch diameter or mo~)._~di_cate which trees to be removed and/or ~relo~ated. Indicate the species of each tree. All cimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating .all improvements must be submitted in relation to the removal-of the specimen trees. Applicant must tag all specimen trees with a bright ribbon around.the tree approximately 6 feet above the grade. Office Use Only SiTE INSPECTION BY:__~ES.. APPROVED FOR PERMIT: NO: MUST OBTAIN CITY COUNCIL APPROVAL: YES: IF YES, DATE OF CITY COUNCIL APPROVAL: According to Hap No, 12061COOB7E, Panel 87 of 169, dated Hay 4, 1989, this property lleG ~n Flood Zone X, Po. PLAT OF SURVEY for: ,lU.i,, J. ANI) SU:~A~IN£ RF. AP.I)ON; il. G. Jh HOilE$. INC. SURVEYOR'S NOTES: vm n~q,,, vas nm TYPE DATE dOB # SMITH LAND GURVEYING / CITY OF SEBASTIAN RENTAL PERMIT APPLICATION .'-' co,, .iTY CE.?ER Ac.? CLuB, Time of Day~ From ~(~ Please answer YES or NO: l) Are kitchen facilities required? 2) Are you e resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverage9 be served? permittee's proof ~f age . (b) I~ alcohol is to be serve6, permission is required by the Security Deposit, ~~. ~ Total Rental: Make checks ~eyable to= C~TY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk Rental Fee paid on by Check # (date) in the amount of or Cash inttia~ (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENiED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on in the (date). Amount kept for damages (if applicable). \ws-form\rentapp CITY OF SEBASTIAN RENTAl. PERMIT APPI.ICATION COMMUNITY CENTER J YACHT CLUB Please answer YES or NO: l) Are kitchen facilities required? 2) Are you e resident of Sebastian? 3) Hill decorations be pug up? 4) Will there be an admission or door charge? 5) Will alCOhOliC beverage~ be served? (a) If answer to ~5 is yes ~ (b) 2- 'L oo id.- permittee's proo£ 'of ege //--/dT:~--~ ~,~0. ~0 Z]~'Z If alcohol is to be served, permission is required by the onCity C~oil.,ff _//_ ~Y°ur[ reques~ will be presented to Council /~, ~0 Amount of Re.t.1 . Tax: Hake checks payable tot CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERKiS OFFICE SecuriJiy Deposit paid on ~~-~ (date) in ~he amount of ~ O. 4~-~9 6y Check ~~ or Cash Rental Fee paid on by Check (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Heating on (date). Request APPROVED/DENIED. Fee Waiver Request heard et the Council Heeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by Cit~ Check amount of on in the (d;~e). Amount kept for damages (if applicable). \ws-form\rentapp City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 March 2, 1992 Ms. Nancy Ballard 1209 George Street Sebastian, FL 32958 Dear Mrs. Ballard: In response to your letter which I received on February 19, 1992, I enclose the memorandums from the City Engineer which you had requested. Also, for your information, I enclose two (2) letters from our city Attorney, both dated February 14, 1992. As you know, this matter is being handled by the City Attorney. However, like you, I would like to see the matter resolved as quickly as possible. I want to be careful to point out, though, that I am not implying or admitting any liability in behalf of the City. Should you need additional information, will you please call? Sincerely. Robert S. McCla city Manager RSM/Jmt Enclosures (4) February 15, 1992 1209 George St. Sebastian, Fi. 32958 Robert McClary P. O. Box 780127 Sebastian, Fl. 32958 Dear Mr. McClary: This letter is in regard to the bulkhead damage that we sustained as a result of the breaching of the Elkcam Dam. As you are aware, we are still in the dilemma of having nothing done to rectify this problem. This problem seems to have become twofold in the past week. We are Jn the process of having our home refinanced and have been advised that, (as a result of this damage), our appraisal is being estimated ten-thousand dollars less then it would be without the damage. We feel that we have been patient, and cooperative in await- ing the City to resolve this matter. I, personally, have spoken to you on the phone and been assured that this situation would be resolved. ~I am now writing to request copies of the packet of letters written to you by the city engineer and, (referred to publicaly), at the City council meeting on October 23rd. This problem seems to go on and on with no answer in sight. It has been four months since this damage occurred and our yards & bulkheads have yet to be repaired. This might seem trivial to you but, perhaps if you were in our position, you might be of a different opinion. Your prompt attention in this matter will be greatly appreciated. Mayor Conyers Vice Mayor Oberbeck cc: Above Sincerely, Nancy Ballard 1-~ILESE. FALl_ACE. i'~TA$It (~ ~OILPY. P. A. ~'r'roRN~YS AT L~w Cit~-s I~ NAs. VINCENT 6. TO Rlcli~ao E. Wm~ ~ G~ ~. ~orge R. Kulczycki Director, Co~unigy O~eragions ~n~r~l Dovolopmong Corporation 52 Babcock S~ree~, N.E., ~202 Palm Bay, FL 32905-6099 February 14, 1992 930 S. F~I~OR CiTY BLVD. SU,TE 505 MELBOURNE. ]PI.ORIDA 32901 F~ (407~ 0~1-3741 Re ~ City of Sebastian vs. General Development CorporatiOn- Our File No. 91-7581/Elkcam Dam Dear Mr. Kulczycki: I received your letter of January 10, 1992 indicating that you have forwarded my previous correspondence requesting insurance information in connection with the above-referenced matter to the legal department of General Development Corporation in Miami. As of this date, I have not received a response to my request for insurance information in accordance with Florida Statutes S627.7264. Please be advised that unless I receive a response from General Development Corporation in accordance with the Florida Statutes I will have no recourse but to take all necessary action to enforce my clients rights under Florida law. Very truly yours, FRESE, FALLACE, NASH & TORPY, P.a. JHF/skg cc: Robert S. McClary OF COUNSEL F sr. dz ToRrY. P. ATTO~EYS AT I.,Aw February 14, 1992 930 S. I-tA~o~ CITY BLVD. SU~T~ 505 MELBOURNE, FLORIDA 32901 (407} 984-3300 F~ (407~ 951-3741 Roger W. LaJoie, Esq. Sullivan, Stone, Sullivan LaJoie & Thacker P.O. Box 2620 Vero Beach, FL '32961-2620 Re ~ Sebastian Highlands/Seawall Our File No.: 91-7581 Dear)tr. LaJoie: This letter will acknowledge receipt of your correspondence of February 10, 1992. Please be advised a written report was not prepared by Dr. KalaJian although I am informed that your client contacted Dr. KalaJian and confirmed the accuracy of my previous correspondence outlining Dr. KalaJian's position. Your comment that the City of Sebastian has settled its difference with General Development Corporation comes as a surprise. To my knowledge, my client has not received a response from General Development Corporation concerning their insurance coverage and no settlement has been reached. Additionally, I also note your threat concerning filing a lawsuit. It would be most unfortunate if this matter proceeds to litigation without fully exploring all possibilities of amicably settling our clients respective differences. In this respect, please note that I have repeatedly asked you to provide me with any information or facts which would support your client's position that the City of Sebastian acted negligently. I have not received any information from you other than your assertion that the City gave its "word" to repair the walls. Obviously, the City of Sebastian has acted responsibly in investigating this matter. Very truly yours, JHF/skg ~J~S H. FALLACE & TORPY, P.A. OF' ~OUN~gL ~RESE. ~ALLACE. NASH ~ TORPY. P. ~ A~o~YS AT ~w 930 S. ~SOR CITY B~. Su~ 505 MELBOU~E. ~DA 32901 (407) Legal Department General Development Corporation 2601 South Bayshore Drive Miami, Florida 33133-5461 Re .' City of Sebastian vs. General Development Corporation Our File No. 91-7591/Elkcam Dam Dear Sir: Please be advised that our law firm represents the City of Sebastian. Please find enclosed my previous correspondence to George Kulczycki, Director of Community Operations concerning the pending claims with respect to the. damage caused by General Development Corporation's failure to properly maintain or construct the Elkcam Dam. Please respond to the enclosed correspondence in accordance with Florida Statutes. Very truly yours, JHF/skg  ~ & TORPY, P.A. H. FALLACE cc: Mr. Robert S. McClary City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: APPOINTMENT OF TWO ALTERNATE MEMBERS TO BOARD OF ADJUSTMENT Approved For Submittal By: City Manager ~/ Agenda Number: Dept. Origin: Community Development _ Date Submitted: 03/05/92 (BC~.~/~_ For Agenda Of: 03/11/92 Exhibits: Application dated 10/22/91 from John R. Price; Application dated 10/23/91 from Fred Buechling; Application dated 10/29/91 from Donald Elsessor ExpENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Board of Adjustment, at its special meeting of November 13, 1991, approved a motion to recommend to City Council the appointment of Mr. John R. Price and Mr. Fred Buechling as alternate members to the Board of Adjustment. Each appointment is for a three-year term effective immediately, to expire March 11, 1995. The Board felt that all applicants were equally qualified and made its recommendations based on the date the applications were received. RECOMMENDED ACTION Move to approve Mr. John R. Price and Mr. Fred Buechling as alternate members to the Board of Adjustment each for a three year term effective immediately and expiring March 11, 1995. . 3. 4. CITY OF SEBASTIAN APPLICATION TO SERVE 0N CITY BOA BUS NESS: . 5. BUSINESS ADDRESS: 6. BUSINESS TELEPHONE: 7. SOCIAL SECURITY NUMBER:, 8. DRIVERS LICENSE NUMBER: (use adSitional sMeets if nec~ss~ry 6r/submit resume if available) 10. 11. 12. 13. 14. 15. Voter registration no. ~/~ / ~ Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes /No ~ Vt*~.. ~¢~s. Yes No / Yes No~ PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? - 0 V E R - '~7~~ Have you ever been convicted of any felony or any ~'~~meanor involving moral turpitude in this or any state? Yes No 18. Would you consider serving on another Boar~ other than the one(s) you selected above? Yes P/ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspe~' any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for ~he commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me.  cant Signatu~e ' - SWORN TO AND SUBSCRIBED before me this~day of ~~/~w. 19jL. No~y Public, State of ~orida My Commission Expires: Notary Public. State ef F~orid. C~mission Expi,'~s ~pri! -~0, 1994 \ws-form\board.app City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 TO: FROM: SUBJECT: DATE: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investigation - John R. Price Board Applicant October 22, 1991 Attached please find board application of John R. Price for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. KMO:Js attachment SEBASTIAN POLICE DEPARTMENT III II I I I I[111 Earle L. Pelly, Chie! of Police ILI~UI Il II ME'MOR~NDUM Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 III I RECEIVED OCT 2 8 199] DAlE : 10 : FROM : SUBJECT : October 24, 1991 Kathryn M. O'Hellormn, City Clerk Investigator ~. McCarthy Want~arrant Check - Apdl,tcant John R. Price A check for wants/warrants for the above referenced apo]Icant/board me. er reveal that: (x) ( ) No actlve want or warrant for.subject Js on file. An active warrant or want does exist and follow up will occur. InvesHoator~ ~ ' '-'- Sebastian Pollce Department CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD 4. 5. 6. 7. 8. 9. HOME ADDRESS: /7 HO~E TELEPHONE: BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: ' ~ ~'~ "'~ ' //7 -..7c;- 7 / Z o z~ .o ~,r~.~ ~ g' ~- ,,7 7 - d 4, :~ - o (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. Voter registration no. ~ ~3 ~/ Yes ~ No Are yOU a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes Yes No ~ 15. PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? _.Ce.e ~.. //,.,¢.~,c./ r~,so ,~ a' - 0 V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No j 18. Would you consider serving on another Board other than the one(s) you selected above? Yes _~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, i hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness,-- incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or.for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant Signatu~ swo- SU.O .D Nota~/Public, State of ~ida My Commission Expires: Ko~ ~.~ Sl~e ef FI~ ~ C~iSlbfl Ex~r~s A~ril 30, 1994 ~de4 Th~u Ir~ Fain - ~i~fGflCI \ws-form\board.app 2 Fred Buechling 1786 Laconia Street 8abastian~ FL 52958 City of Sebastian P.O. Box 78~127 Sebastian, FL, 52~78 October 25, 1~1 To Whom it may concern With this letter ! Hill give you a "Thumb nail" sketch of Fred "Fritz" Buechling, so that you can evaluate my qualifications. Having read and evaluated many resumes in the past I will try to keep this brief and to the point. Summary. I have spent the past 45 plus years enjoying my ~oFk in the aviation industry~ and ~eai estate management as ~ell as o~nership. I starting as an air ~o~ce airc~a+[ Mech in 1~44 and p~og~essing to a membe~ o{ a top management team in ~ederal Express Corp. Du~ing that time span I have gained ~he necessary knowledge [o: 1. Deal e++ec[ively ~i[h all kinds o+ Governmental ~ules and ~egula[ions. 2. Be eom{or[able ~o~king ~i[h the Avia[ion Mech as ~ell as the various layers o{ management up [o and including CEOs and board members. 5. Negotiating multi-million dolla~ contracts ~i[h business leaders through ~u[ the aviation indus[~y- 4. Successfully ~n and operate a side line business dealing ~ith the ~epai~ licensing & alteration o~ light [o medium ~eigh[ aircra{~. 5. i am an active seeker o{ knowledge on the ~orkings o~ the computer and its related systems. (O~n and operate my o~n Apple II E system) 6. Se~ up and operated a ~amily o~ned real estate development company (We bought and managed rental properties at one time ~e o~ned as many as 5~8 rental units) Basics I am 64 years old. Born, April 227 1927 in West Allis~ Wis. I spent my early years in the New York area. Graduated from Mammaroneck High School in 1944 attended Rutgers Univ. +or a short 5 months before entering active duty in the USAA~. Completed 2.5 year service as an Aircraft Mech. and Trainer, was honorably discharged in 1947. Spent the next +orty plus years in various positions in the aviation industry. Education High school graduated 1~44~ Mammaroneck High. USAAF graduated Aircraft Mech and B-24 Mech schools Stewart Aviation Master Mech Course, A & P license 10&7888 IA Numerous temhnical courses relating to aircraft maintenance ranging from Cessna, Beechcraft type to Boeing 727 757 and Douglas DC-lOs. Numerous management training courses. NLImerous Real Estate management training courses. Employment History 1~4~ - 1~51 Goodyear Aircraft (Now Goodyear Aerospace) Experimental Aircraft Mech. Duties - worked directly with the engineering dept in the development and fabrication of the worlds largest Air-ship (Blimp). Design and fabricate in-flight tanker refueling system for B-2~s. Design and fabricate a 5 and 4 place amphibian aircraft (Drake & Duck). Design and fabricate Cross Wind Landing gear for DC-4 aircraft. Design and fabricate the first radomes to be installed on Aircraft. etc. 1~51 - 1~55 Republic Aviation. ~inal line inspector. Duties, accomplished final inspection before aircraft (F-84s) were '~old ~o the government. 1~55 - 1~55 Butler Aviation, Maintenance Hangar Suprv Duties~ Set up a maintenance dept to p~ovide routine and emergency repairs to corporate aircraft tha~ ~ere either stationed at La Guardia airport or transited through LGA. · 1~55 - l~&~ Pickands Mather & Co. Director of Corporate Aviation. Duties~ Set up Corporate Aviation Dept. with full responsibility ~or maintenance of a fleet of aircraft that began with I DC-5 and grew to include I Falcon~ 4 DC-Ss and I King Air and included a separate operation in Canada. 1~ - 1~72 General Acceptance Corp. Director of P~orporate Aviation, Duties~ Assume full responsibility for all maintenance on a corporate fleet of 2 Falcons~ 1 Cessna 418 and 2 DC-Ss. This company had no maintenance personnel previous to my becoming Dlrector/~hief Mech/etc. 1~72 - 1~8& Federal E:~press Corp. Director o~ Maintenance~ Duties, Started as employee. # 58 and ~as Team member of the development unit that designed the long range maintenance plans and programs that lead to ~he success of ~he company. During the course of my 15 yrs. With the company I handled many jobs, in addition ~o Director o~ Main~enance~ Dire~or o~ plans and ~orecas~s~ Manager Hangar & Line Mai~enance~ Manager Line Maintenance Support Oen~er (Mx Flight Following) 1. Being the on site member of the management team on all incidents involving serious aircraft damage. 2. Being the team leader of the management team that ~as responsible for either returning all damaged aircraft to service or determining the disposition of what was left. 1982 - Present: Along with my duties at Federal Express i set up and operated a ~amily ~owned real estate development company ewe bought and managed rental properties at one time we owned as many as, 500 rental units} 198& Retired ~rom Federal Express Corp. to manage Family owned Real i~B& - 1~9~ Family Investors Owner & manager Duties~ Manage ~amily owned real estate consisting of 15~ plus rental units. 19~0 - 1991 Moved to Sebstian to take a less active roll in the family business and to enjoy retirement. I sincerely hope this condensed version o~ a resume has provided you with enough information. Should you have any questions or need clarification on any o4 the above information or require more information please don't hesitate to contact me. I can generally be reached via phone 8 4ffi7 589 751ffi or at the above address. Warmest ~egards~ Fred Buedlling ~ City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589~5330 o FAX (407) 589-5570 I TO: FROM: SUBJECT: DATE: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investigation - Fred Buechling Board Applicant October 23, 1991 Attached please find board application of Fred Buechling for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. KMO:Js attachment SEBASTL4N POLICE DEPARTMENT RECEIVED OCT 2 9 19gl L ILl I L Ill Ill I ~1] Il Il Earle L. Pelly, Chief of Police MEMORANDUM Post Office Box 780127 Sebastian, FL 32978-0127 (407) $89-$233 I IlL I I1! III D~1E : lO : FROM : SUBJECT : October 25, 1991 Kathryn M. O'Halloran, City Clerk InvestIgat0r McCarthy Want~arrant Check - ~p~llCant Fred Buechlin~ A check for wants/warrants for the above referenced applkant/board member reveal that: C~ No actlve want or warrant for.subject Is on file. ( ) An active warrant or want does exlst and follow up wi11 occur. inve§~lOatOr~/, -- Sebastlan Police Department . 3. 4. 5. 6. 7. CITY,OF SEBASTIAN APPLICATION TO. SERVE ON CITY HOME ADDRESS: HOME TELEPHONE: BUSINESS:,~,3~-, BUSINESS ADDRESS: //~3 BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: 8. DRIVERS LICENSE NUMBER: (use additional ~heet~if necess~ry 6r submit r&sume if available) 10. Voter registration no. Yes / No Are you a resident of the City? Length of Residency Do ~ou hold a public office? Do ~ou serve on a City Board at present? 11. 12. 13. 14. Yes Yes No ~ 15. PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *B'OARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? r - 0 V E R - ~1~, '~H~ve you ever been convicted of any felony or any ~mls~meanor involving moral turpitude in this or any ~e? 18. Would you consider serving on another Board other than the one(s) you selected above? Yes ~----~No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. i understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant Signature SWORN TO AND SUBSCRIBED before me this ~ day of ~ N~ta~y ~Ubli~ S~"at~ O'f Florida \ws-form\board.app City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570 M E M O TO: FROM: SUBJECT: DATE: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Invest±gation - Donald Elsessor Board Applicant October 29, 1991 Attached please find board application of Donald Elsessor for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. KMO:3s attachment SEBASTIAN POLICE · DEPARTMENT MEMORANDUM Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 IIII IIII I II RECEIVED NOV 5 1991 DATE : TO : FROM : SUB2ECT : October 31, 1991 Kathryn O'Halloran, City Clerk Investlgat0r Gary McCarthy Want~arrant Check - Ap~l]'cant Donald Elsessor A check for wants/warrants for the above referenced applicant/board member reveal that: (x) No actlve want or warrant for .subject Is on file. ( ) An actlve warrant or want does exlst and follow up w111 occur. Sebastian Police Department City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT, RESOLUTION R-92-17 SEBASTIAN LAKES DEVELOPMENT AGREEMENT Approved For Submittal By, City Manager ~~ ) Dept. Origin, Community Development ) (BC~ ) Date Submitted, e3/o4/92 ) ) ~or Agenda Of, O3/11/92 ) ) Exhibits, ) Resolution R-92-17 ) Agreement between Sebastian Lakes ) Associates and the City of Sebastian EXPENDITURE REQUIRED, AMOUNT BUDGETED, APPROPRIATION REQUIRED, SUMMARY STATEMENT City staff and the representatives for Sebastian Lakes Associates have finally compiled an amicable agreement between both parties in order for Sebastian Lakes Planned Unit Development to obtain a time extension for their development plan. In summary, the agreement will allow an eighteen month time extension for Sebastian Lakes P.U.D. Conceptual Development Plan subject to the following, 1. The developer shall dedicate an eighty foot wide right-of-way for the extension of Roseland Road, from County Road 512 to Laconia Street, to be designed and located in near proximity to the existing dedicated Tract B. 2. The developer shall also provide the funds necessary to construct a twenty four (24) foot two (2) lane road for Roseland Road extension. 3. The developer shall dedicate an additional right-of-way for Laconia Street to effect an eighty (80) foot wide right-of-way south of Roseland Road extension and a sixty (60) foot wide right-of-way north of Roseland Road extension plus sufficient right-of-way for a cul-de-sac on the northern portion of Laconia Street. 4. The developer shall be required to provide the funds necessary to add 12 feet of pavement to the existing pavement of Laconia Street to create a twenty four foot wide two lane road, construction of a cul-de-sac at the north end of Laconia Street and overlay the current 12 foot wide lane of Laconia Street. Page 2 In order to implement the agreement, the following sequence of events shall take place~ 1. Within 45 days of the execution of this agreement by both parties, the developer shall, at its own cost and expense, prepare and deliver to the City all the plans and documents necessary to construct the improvements as described above. These documents shall include surveying, design and construction drawings, bidding and contract documents, a completed application for St. John's River Water Management District permit and a budget consisting of estimated construction cost and a 10 percent contingency. 2. The City Engineer will then have 15 days to review and approve the materials. If not acceptable to the City Engineer, the developer-~hall have 15 days from receipt of a written notice to correct any deficiencies. 3. Once the City Engineer has approved the bidding documents and permit applications, the developer shall place in escrow the entire amount budgeted plus a 10 percent contingency. 4. The City shall then proceed in accordance with the bidding procedures established in Section 2-64 of the Code of Ordinances for the construction of all improvements. 5. Within 60 days of the execution of this agreement by both parties, the developer shall deliver to the escrow agent the deeds and instruments necessary to dedicate the right-of-ways for Laconia Street and Roseland Road extension. 6. Provided a bid is within the budget and acceptable by both parties, the City Council then can approve the low bid and construction shall proceed subject to all permits (St. John's & I.R.C.) being obtained. City staff have been working closely with Mr. Jim Davis from Indian River County to ensure proper intergovernmental coordination of this project. RECOMMENDED ACTION Move to approve Resolution R-92-17. RESOLUTION NO. R-92-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA ~ENE~AL PARTNER- SHIP, IN A FORM IDENTICAL TO THE A~REEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY SEBASTIAN I~AKES ASSOCIATES WOULD DEDICATE CERTAIN STREET RIGHTS-OF-WAY TO THE CITY AND PROVIDE FUNDS NECESSARY TO EFFECT CERTAIN ROAD IMPROVEMENTS IN EXCHANGE FOR AN 18-MONTH EXTENSION OF THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN LAKES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PAJtTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council and Sebastian Lakes Associates, a Florida general partnership, desire to enter in~o an agreemen= whereby Sebasuian Lakes Associates would dedicate certain rights- of-way and provide funds for certain road improvements in accordance with the provisions of the proposed agreement, of which is at~ached to this Resolution as Exhibit "A", and incorporated herein by this reference, in exchange for an 18-month extension .of the conceptual developmen= plan for a planned unit devel°pment known as Sebastian Lakes; and WHEREAS, the City Council has reviewed the proposed agreemen~ provided to them by City staff; and WHEREAS, the City Council has determined =hat entering ~he proposed agreement will serve a public and municipal by providing much needed road improvement~. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O~ SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section. !. AGREEMENT. The Mayor and the Ci%y Clerk of the City of Sebastian, indian River County, Florida, are hereby authorized to sign, on behalf of =he City, the agreement between Sebastian Lakes Associates and the City of Sebastian, a copy of which is attached to this Resolution as Exhibit '°A", and incorporated herein by this reference. S~¢t~on 2. CONFLICT. Al! resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVEBABIL!TY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall no~ be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such-- invalid or unconstitutional provision, it shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5, EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman by Councilman ....... vote, the vote was as follows: Mayor W. E. Conyers vice-Mayor Frank Oberbeck Councilman Peter R. Ho!yk Councilman Lonnie R. Powell Councilman George C. Reid . The motion was seconded and, upon being pu~ to a The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By' W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash,- City Attorney THIS AGREEMENT, made this day of __ , 1992, by and between the CITY OF SEBASTIAN, FLORIDA, a Florida municipal corporation (hereinafter referred to as the 'City'), and SEBASTIAN LAKES ASSOCIATES, a general partnership organized and operating under the laws of the State of Florida (hereinafter referred to as "Associates"). WHEREAS, the City approved, in Ordinance No. 202-8, the Conceptual Development Plan (the "Plan') submitted by Arrowhead Lakes Estates, a Florida general partnership, for a planned unit development currently known as Sebastian Lakes (the "Development"); and WT{EREAS, the City, in ordinance 0-88-45, approved an amendment to the Plan at the request of Associates, successors in interest to Arrowhead Lakes Estates; and WHEREAS, Associates failed to complete development in accordance with the Plan within eighteen (18) months as required by the Land De';elopment Code of the City; and WHEREAS, as a result of AsSOCiates' failure to complete development, the Plan is subject to revocation by the City; ~nd WHEREAS, Associates desires to extend the Plan for ~n additional eighteen (18) months: and WHEREAS, the City is agreeable to extending the Plan for an additional eighteen (18) months, subject to certain conditions. NOW, THEREFORE, in Consideration of the premises and the mutual covenant~ contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. D_D_~atlon of Street Riaht~o£-Wa~. (a) A~sociates hereby agrees to dedicate the following street rights-of-way to the City: (1) An eighty foot (80') wide right-of-way for the extension of Roseland Road, from County Road 512 to Laconia Street, which Associates and the City anticipate will be partially vacated and moved somewhat from its existing location, subject a proper design of its connecting intersections with County Road 512 and existing. Roseland Road, and reded~cated as Tract B toward the west between the now-ex~sting Tract B and the sewage treatment plant as shown in attached Exhibit "A"; and (ii) An additional right-of-way for Laconia Street to effect an eighty foot (80') wide right-of-way south of ROSeland Road and a sixty foot (60') wide right-of-way north of Roseland Road plus sufficient right-of-way for a cul-de-sac on the northern portion of Laconia Street as shown in attached Exhibit "A#. (b) Associates agrees to negotiate with Indian River County for a future access to the County Library site in addition to the existing entrance from County Road 512. (c) Within sixty (60) days of the execution of this Agreement by both parties (and adoption by final City Resolution), Associates shall deliver to First Union National Bank, Veto Beach -2- office, as escrow agent the deeds and instruments necessary to effect dedication of the above described rights-of-way to the City. Said deeds and instruments sba1! be fully executed and acceptable to the City and the city Attorney as to form and substance, and shall be delivered to the City by the escrow agent upon acceptance of the bid for the improvements described in Paragraph 2(a) in accordance with Paragraph 4 hereof. 2. Street Improv~_m~nt~. (a) Oblioations~of Associate~. (i) Associates hereby agrees to provide the funds necessary to effect the following improvements to Laconia Street: (1) Adding twelve (12) feet of pavement to the existing pavement of Laconia Street to create a twenty-four (14) foot two lane road; (2) end of Laconia Street; Construction 6f a cul-de-sac at the north (3) Overlaying the current twelve (12) foot wide lane of Laconia Street to provide an even riding surface; and (4) Construction of a twenty-four (24) foot wide two (2) lane road in the Roseland Road extension right-of-way dedicated pursuant to Paragraph l(a)(i) above. (ii) Associates further agrees to perform inspections during construction of the improvements described in Paragraph 2(a) and to approve progres~ payments for the work described in Paragraph 2(a). -3- expense, Street. (b) Obliu~tions or__the CitY. (i) The City hereby agrees, at its sole cost to improve the existing northbound lane of Laconia Such improvement shall include: (1) Correction of any base failures; (2) Correction of any drainage problems: and (3) Any and all other repairs necessary so that Laconia' Street may be overlayed with a new asphalt mat when the street is widened to two lanes. (ii) The City hereby a~rees to permit one (1) curb cut for ingres~ and egress to and from the commercial parcel on Laconia Street, and a second such curb cut later upon submission of a site plan, if reasonably acceptable to the City, and two (2) curb cuts for ingress and egress to and from the commercial parcel on the Ro~eland Road extension if a deceleration lane is constructed by Associates at its cost for the curb cuts on Roseland Road. (iii) The City hereby agrees that it will reasonably suDport Associates' request to the County fo£ two (2) curb cuts on County Road 512 to provide ingress and egress for the commercial area. (iv) The City hereby agrees that it will reasonably support 'Assoclates' request for County transportation impact fee credit based on the construction described in Paragraph 2(a) and -4- all other improvements made by Associates which may be considered for this purpose. Associates will apply to the county as soon as possible after the execution of this Agreement. 3. En~neer/na, Desian and Con~truction~Budqet. (a) Within forty-five (45) days from the execution of this Agreement by both parties (and adoption by final City Resolution), Associates shall, at its sole cost and expense, prepare and deliver to the City all of the plans and documents necessary to effect the improvements described in Paragraph 2(a), including the following: (i) Any and all necessary surveying, design, construction drawings, bidding and contract documents; (ii) A completed application with St. John's River Water Management District for approval of the improvements described in Paragraph 2(a); (iii) A budget for the improvements described in Paragraph 2(a), consisting of estimated construction costs, including inspection, contract administration and testing, and including an allocation of ten (10%) percent of the total budget for construction contingencies; and (iv) Any and all other documents and permits necessary to effect the improvements described in Paragraph 2(a). (b) The City Engineer shall review the materials submitted by Associates pursuant to' subparagraph (a) above and sha!l report on their acceptability within fifteen (15) days of -5- their receipt. In the event the City Engineer finds any of the said materials to be insufficient, inaccurate or otherwise unacceptable, the City Engineer shall inform Associates in writing of such insufficiency, inaccuracy or unacceptability and Associates shall have fifteen (15) days from receipt of said written notice to correct the materials and resubmit them to the City for approval. 4. Payment and (a) Upon final approval by the City Engineer of the materials described in Paragraph escrow with the escrow agent the entire amount budgeted in accordance with Paragraph ~(a)(iii). (b) Upon notification of said funds in escrow, the City shall bid the improvements described in Paragraphs 2(a) and 2(b) in accordance with the bidding procedures establlshed in Section 2-64 Of the code of Ordinance of the City. (c) If the bids received by the City for the improvements described in Paragraph 2(a) are within the approved budget, meet bid specifications as determined by Associates and the City, and are otherwise acceptable to the City and Associates, the City shall proceed with the construction of all the improvements and the escrow agent shall pay for the construction o~ the improvements described in Paragraph 2(a) and return any unused funds to Associates upon completion of same. -6- dezeribed in Paragraph 2(a) f£om th~ lO-est r~zponcible bidder exceeac the approved budvet, and i~ guch bid i$ nevertheless acceptable to Associates. ~ssocia~e~ shat1 ~ay the differem~ between sa~d bid p~ice and ~he ag~=oved budget with£n f~fteen (1~) ~ays of rece~ving wzltt~n notlce from t~e City, and the City sh~]l thereupo~ proceed with the ccnstruotion of ~11 the fmprovem~nts and the escrow a~n~ shall pay ~or thc constr~ct~on of the improvements dest:ribed in Paragraph 2(a) and return any unused funds to Associat~ upon ¢o~pletion o~ the same. if ~uch bid p=ice f~om the low, st responsible bidder exceeds the approved budget, but is l~ot acneptable to ASSociates, the escro~ agent =hall =e[u£n ~he escrowed funds to ASSocia~co on demand. 5. P~ten~ion o~ Coneootual Develoeme~t..Plan. Th~ Plan ~hall be ezte~ded for an additional eighteen (~8) months once the follow£ng shall hav~ occurred: [a~ thee Aqreement shall h~v~ b~en fully executed b~ both p~rties and formally adopted by final City Resolution, (b) ttm bid received Uy the City [or the impr~v~,,,~nts described in Pa[~grap~ 2(a) shall have been approved pursuant to Paragraph 4 hereof ~nd (o) the deed~ and instruments n~e~sa~y to effect the dedi¢:~t~.ons de~cribea in Paragraph l{a) h~r~n£ shall have b~en de~{v~red to the City. 6. ~. T~me t~ o~ the e~enoo of this Agreement ~nd each and eYer~ provision hereof. -7- ?. Existina Oblia~tio,~. It is the intent of the Parties hereto that this Agreement shall supercede Section II of Ordinance 202-8 as revised by Ordinance 0-88-45. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. Completion of the work described in Paragraph 2(a) hereby relieves Associates, its successors and assigns, of any further obligation to contribute land or money for off-site or on-site improvements whether for transportation, parks or other purposes; provided, however, that nothing contained herein shall be construed to rel'ieve Associates from the obligation of constructing ~h~se improvements which, because of the Particular design characteristics of the Development, are required by the City's Land Development Code and Comprehensive Plan. 8. ~. In the event Associates fails to observe and Perform any provisions of this Agreement to be observed or Performed by Associates, the City may, at any time thereafter, without limiting the City in the exercise of any right or remedy at law or equity which the City may have by reasOn of such default or breach: (a) Initiate action to revoke approval of the Plan; (b) Initiate proceedings to determine whether the property comprising the Development should be rezOned; and (c) Pursue any and all other zemedies now or hereafter available to the City under the laws or judicial decisions of the State of Florida. -8- all ~e~poct~ a~ 1~ ~uch inv,Iid or unenforceable P~Ovislons ~ere lO. L'tt .~e~4~[~jL~f~L. O~~IL~' This ~grecment shall be con,=rued, governed and enforced in accordanoe vith ~,~d by the la~ oE the ~l. ate of Florida, and venue ~nr any action to en~'o~ce or ~o lnterp~.e~ ~i~ Agreement shall he Indian Rivet County, ~lorida. ll. ILia. All of the terms, oOvenante, -arrant£e~ ~nd reprooentaL,[ons containe~ herein shell inure ~o 2he benefit of ~nd ~e bindl, nv upon the l, artte=, thei~ heirs, successors and 1~. A~,~ltiY_~J~ees_and Costa. If any action is co~uenced by any of the Partie~ to ~nforce an~ terms, covenant or. condition et ~hi~ Agreement or lo obtain declafa~or7 relief at la~ or ia etuitl, [he P~eVailing party ~h~ll be ~n~t~led to all co~[o end expenses of ~aia eolian (includin9 a reasonable atkorr, ey'S ~ee) at [rial and all aPPella~ levelo, £rom say oi bhe o[h~r Parties i~s/his/~helr ~uccessors or a~siqns) ~ho Opposed I:he prevatlin9 13. ~o Ali. noticco or communications required el permli.~ed ~erounde= sh~ll b~ in ~[i~fng and ~hall be deemOd to be deliv~red ~hcn ~ersonally carved or ~ree (3) days af~e= deposi[ -9- in the United States Mail, post~ge prepaid, registered or certified mail, return receipt requested, addressed to the parties at the following addresses or at such other address as may have been theretofore specified by written notice delivered in accordance hereof: TO THE CITY: CITY OF SEBASTIAN Attention: City Manager P. O. Box 780127 Sebastian, Florida ~2978 WITH A COPY TO: TO ASSOCIATES: WITH A COPY TO: CHARLES IAN NASH, ESQUIRE City Attorney 930 S. Harbor City Boulevard Suite 505 Melbourne, Florida 32901 SEBASTIAN LAKES ASSOCIATES C/O THE ST. PAUL CORPORATION 10 East Baltimore Street Baltimore, Maryland 21202 Attention: Wayne E. 01son JOHN W~ITE II, ESQUIRE 1645 Palm Beach Lakes Boulevard Penthouse West Palm Beach, Florida 3~401 14. Enti~e and Sole Aoreemen~. Except as Specifically stated herein, this Agreement and the Exhibits referenced herein constitute the entire agreement between the parties and supersedes all agreements, representations, warranties, statements, promises and understandings not specifically set forth ~n this Agreement or in the documents delivered in connection herewith. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. -10- 15. Counterparts. This Agreement may be executed simultaneously in two or more counterpartS, each of which shall be an original, but all of which together shall constftute one and the same instrument. 16. ~. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, w~iver, discharge or termination is sought. 17. ~[e&~lf~. The headings in this Agreement are for purposes of reference only and shall not limlt or otherwise affect the meanings hereof. IN WITNESS WHEREOF, the parties have hereupon set their hands and seals the day and year first above written. CITY OF SEBASTIAN, FLORIDA ATTEST: ~.E. Cony~rs, Kathryn M. 0'Halloran CMC/AAE, City Clerk (SEAL) Charles Ian Nash City Attorney -11- SEBASTIAN LAKES ASSOCIATES ATTEST: By: Nay~le E. Olson, as the Vice President of The St. Paul Corpo=atlon, its Managing Partne= ~ec£eta'rY ' (CORPORATE SEAL) 8655W/clc 2095/2390 3/04/92-3 -12- RECOMMENDED ~CTiON Review the programming and conceptual plan for expansion of the golf course club house restaurant facility and, if appropriate, direct staff to proceed with selecting a licensed architect for the design of such expansion. RENOVATION/EXPANSION OF CLUBHOUSE FACILITY AT SEBASTIAN GOLF COURSE 3 MARCH 1992 PAGE 1 OF ~ DEVELOPMENT PROGRAM I. PROJECT DESCRIPTION A. ObJective The main objective of the renovation / expansion program is to enhance the existing facility in order to be more competitive with other local public golf course facilities. Additionally, the facility should accommodate special functions such as weddings and other special community events without adversely impacting normal day-to-day golf/clubhouse operations and activities. B. Existing Facility - Physical Description The existing one-story facility is approximately 2900 SF under roof and is accessed by an existing asphalt-paved drive and covered portico at its main entrance on the south. Paved parking currently exists for approximately 125 vehicles south of the entry drive. A north entrance opens to an existing open patio which is separated from the driving range by a cart path. The existing exterior and adjacent grounds to the east and the north of the facility can accommodate expansion without difficulty. Existing clubhouse interior spaces include: Pro shop (approx. 720 SF - including offices for the pro-manager and staff) Men's and women's locker rooms (approx. 570 SF total for both) Main dining room (approx. 840 SF with seating capacity for 60 persons) . Bar area (seats 5) · Full-service kitchen (approx. 550 SF) · Misc. storage · Circulation (approx. 220 SF) RENOVATION/EXPANSION OF CLUBHOUSE FACILITY AT SEBASTIAN GOLF COURSE 3 MARCH 1992 PAGE 2 OF ~'~ Ct Design Criteria Any expansion/renovation must blend well with existing structure. 2) Ail work must meet requirements of City's Land Development and Building Codes. 3) Operational requirements are top priority. 4) Facility must remain operational during renovation/expansion construction activities. 5) Consider storage requirements. 6) Enhance the entry/approach to the facility. 7) Design solution(s) must be cost-effective. 8) Design must accommodate concurrent activities in terms of: a) circulation b) acoustics c) operations/services d) security D. Specific Features and Requirements 1) Provide facilities for banquets (150 persons), special functions, and promotional activities with concurrent capability to serve 50 to 60 persons in separate dining room. 2) Revise dining and lounge area. 3) Expand kitchen and related service areas, including take-out service capability. A pick- up point "in the turn" between holes 9 and 10 will provide a needed service to golfers. RENOVATION/EXPANSION OF CLUBHOUSE FACILITY AT SEBASTIAN GOLF COURSE 3 MARCH 1992 PAGE 3 OF ~ II. SUGGESTED PROGRAM A. Scope of Work 1) Using existing north and east exterior walls as structural baseline(s), expand to the north and to the east to provide: a) New banquet room (including dedicated storage area) b) Expanded kitchen area c) New restrooms d) New bar area e) New "atrium" area f) Related circulation ... 3OO0 SF ... 320 SF ... 320 SF ... 400 SF ... 600 SF ... 160 SF Total New Space 4800 SF 2) Revise and renovate existing interior: a) Dining and bar area ... b) Kitchen ... c) Circulation ... Total Existing Space Renovated 900 SF 550 SF 220 SF 1 650 SF 3) Add new roof by connecting to existing roof in accordance with attached drawings. Reshingle existing roof which remains exposed to match shingles on new roof addition. RENOVATION/EXPANSION OF CLUBHOUSE FACILITIES AT SEBASTIAN GOLF COURSE 3 MARCH 1992 PAGE 4 OF ~ B. Conceptual Estimate Preliminary conceptual estimate for the above scope of work is currently $250,000 plus or minus 10%. This amount includes a $25,000 allowance for new kitchen equipment. This amount does not include any allowance for landscaping or additional parking (assume City forces perform this) nor any allowance for renovation or expansion of the pro shop and/or locker room facilities. Recommend any renovation/expansion of locker room facilities be done in conjunction with pro shop renovations. Determination of the type of the new north exterior wall and related "atrium" area will allow more precise conceptual estimate. Projected Schedule Allow 120 calendar days for construction of the above scope of work. D. Special Considerations 1) Anticipate it will not be necessary to shut down existing operations during construction. 2) Recommend thorough review of all considerations in determination of design for north exterior wall and related roofline. 3) Recommend design/construction of any locker room renovation/expansion be done in conjunction with pro shop renovations. RENOVATION/EXPANSION OF CLUBHOUSE FACILITIES AT SEBASTIAN GOLF COURSE 3 MARCH 1992 PAGE 5 OF III. DRAWINGS / SKETCHES Attached is one (1) sheet showing a schematic design concept and plan layout along with a conceptual rendering of the clubhouse after the proposed expansion/renovation. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Golf Course Club House Expansion Approved For Submittal By: City Manager_~~- ) Agenda No. ~37, ) Dept. of Origin= City Manager ) ) Date Submitted= 03/04/92 ) For Agenda Of: 03/11/92 ) ) Exhibits: - "Development Progam"' ) by Peter Jones, Dated 03/03/92 ) - Conceptual Plan, Dated 03/03/92 ) (Under Separate Cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT As a result of the recent golf course revenue bond refunding, the City netted approximately $238,000 in cash. These funds could be used to reduce the golf course debt or be utilized for capital improvements at the golf course. On February 5, 1992, the City Council reviewed this matter and directed staff to prepare a conceptual plan and preliminary cost estimates for an expansion of the Clubhouse. For a fee of $600, I engaged Peter Jones, A.I.A. to develop a program and conceptual plan. The golf course clubhouse restaurant currently has a limited seating capacity for 60 people. This distracts from many tournaments and special events which may otherwise utilize the golf course. For instance, a large tournament with a shot gun start could accommodate 144 golfers. However, it is nearly impossible to host a luncheon for that type of tournament with a limited seating capacity. Likewise, our own men's and women's golfing associations cannot conveniently be accommodated in the existing facilities. In an effort to be competitive with other area municipal golf courses, the City facilities should include as many amenities as possible. A capital outlay to expand the clubhouse restaurant facility would be considered an investment since we would recoup most of the construction dollars through revisions to the contract with our restaurant operator. Should the City Council wish to pursue an expansion, the next step would be the engagement of an architect. Since the estimated cost of construction would exceed the statutory threshold of $120,000, the selection of the architect would be made pursuant to Chapter 287 Florida Statutes. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RESOLUTION R-92-14 FINAL SUBDIVISION PLAT FOR CHESSERS GAP P.U.D. Approved For Submittal By: City Manager ~~ ) Agenda Number, ) Dept. Origin~ Community Development ) (BC)~ ) Date Submitted, 03~04/92 ) ) For Agenda Of: ) ) Exhibits: ) Resolution R-92-14 ) Final Plat Chessers Gap Phase i EXPENDITURE REQUIRED: AMOUNT BUDGETED, APPROPRIATION REQUIRED, SUMMARY STATEME.NT At its regular meeting of November 14, 1990, the City Council approved (Resolution R-90-46) the Preliminary Plat for Chessers Gap PUD. The developer has constructed all the necessary improvements and the City Engineer has received the necessary certifications from the Project Engineer to ensure the construction has met all applicable codes. RECOMMENDED ACTION Move to approve Resolution R-92-14. RESOLUTION NO. R-92-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF CHESSERS GAP SUBDIVISION, PHASE I, CONSISTING OF 15o02 ACRES, MORE OR LESS, LYING IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT AND ANY OTHER SUPPLEMENTAL DOCUMENTSAND AGREEMENTS ON BEHALF OF THE CITY; DIRECTING THE CITY CLERE 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. WHEREAS, Sebastian General Partnership, B.F.T., a Florida general partnership (the "Partnership") owns certain real property located within the corporate limits of the City of Sebastian; and WHEREAS, the Partnership desires to develop a subdivision on a portion of its real property lying in Sebastian, Indian River County, Florida; and WHEREAS, the Partnership has submitted a proposed final plat to the City for its approval; and WHEREAS, the final plat submitted meets all requirements as set forth in Section 20A-16.4C of the Land Development Code of the City; and WHEREAS, the final plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, the Partnership has submitted a statement to the City indicating that the required improvements are to be completed after recording of the final plat; and WHEREAS, the Partnership has filed with the City surety documents guaranteeing that such improvements will be installed and has otherwise complied with all other requirements of Section 20A- 16.4C; and WHEREAS, the final plat has been approved by the City Engineer and the City Attorney; and WHEREAS, all other conditions precedent to approval of the final plat have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: section 1. PLAT APPROVAL. The final plat of Chessers Gap Mall, as prepared by James A. Fowler, a Florida registered surveyor, bearing Certificate of Dedication dated June 19, 1991, is hereby approved due to its compliance with Section 20A-16.4C of the Land Development Code of the City of Sebastian. Section 2. SIGNING OF THE PLAT. The Mayor is directed to sign the final plat and all other supplemental documents and agreements on behalf of the City. Section 3. RECORDING OF THE PLAT. The City Clerk is directed to present the final plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutiOnal, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George G. Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. ATTEST: CITY OF SEBASTIAN, FLORIDA By: W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE, City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 ORDINANCE NO. ~. 0-92-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GR~NTING kN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FR3~NCHISE TO ST. LUCIE WASTE SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING POR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES ~%ND ROUTE REQUIR~{ENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTiNG R~TES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING ~OR SEVERABILITY; PROVIDING FOR ATTORNEYS* FEES AND PROVIDING FOR ~tN EFFECTIVE DATE. WHEReaS, the City Council of the City of Sebastian, Florida, has determined that it is in the best interests of the City to grant a solid waste collection franchise to an independent solid waste collection service; and WHEREAS, the City has, through acceptance of public bid proposals, determined that St. Lucie Waste Services, Inc. will provide the required service in the city of Sebastian for the most cost effective price; and WHEREAS, the City Council has determined that the beat interests of the citizens of City of sebastian will be served by granting an exclusive franchise to St. Lucie Waste Services, Inc. for the purpose of solid waste collection services. NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDI]tN RIVER COUNTY, FLORIDA, as follows: ~ GRANTING OF FRANCHISE. St. Lucie Waste Services, Inc., (the "Contractor") is granted the exclusive right, privilege, and/or franchise to operate upon, over and across the streets, alleys, bridges, and o~her public thoroughfares of the City of Sebastian (the "City") for the purpose of collecting, removing and disposing of solid waste material from residential customers in the City of Sebastian subject to the terms, conditions and exceptions herein. D X Z?ZONS. A. Resid®ntial~ the word "residential" shall mean and include all "residential customers," consisting of single family homes, multi-family units, individual mobile homes and other living units. Multi-family units and mobile home parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. B. Contractor: the word "contractor" refers to St. Lucie Waste Services, Inc. C. Curbside: the word "curbside" is defined as that portion of the street right-of-way paralleling any public thoroughfare between the curb line and abutting property line. If a ditch bisects the property and thoroughfare, the curbside then becomes the roadside of the ditch. D. Garbage: the word "garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after - 2 - decay, may serve as breeding or feeding material for flies or other germ-carrying insects. . Z. ~arbags Can or Receptacle: the wo~ds "garbage can" or "receptacle" shall mean a container of not greater than thirty- five (35) gallon capacity which shall be free of jagged or sharp edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted with two handles by which it may be lifted, and which shall not have any inside structure, such as inside bands or reinforcing angles, or anything within that would prevent the free discharge of the contents. Such "receptacle" may also be a waterproof bag liner, which can be safely and securely closed, and which is a type approved by the collector and the city. ~. HaZardous WaSte: the words "hazardous waste" shall be defined as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. ~1002, as amended, or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C. ~2601, as amended, or under regulations promulgated thereunder or defined am hazardous under the Florida Administrative Code Chapter 17-30 or any other applicable state or local law or regulation. G. Soli4 waste: the words "solid waste" shall be a general term which includes the specific termm garbage, trash, and household junk, but which does not include hazardous waste, industrial or special waste. - 3 - 0~×(~6/~2 t)9:56 "~ 407 951 3741 FRESE FALLACE ~,, ¢)5 H. Trash: accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, (shall not exceed four (4) feet in length and four (4) inches diameter), bushes, or shrubm, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards. ~ TERM. The term of this f~anchise shall be for a period of three (3) years from the effective date. Section~ MANDATORY SERVICE. Each residential customer within the City shall be provided with solid waste pick-up and removal services. The residential customer may avail themselves of the available service if desired. Induztrial waste and special waste accounts shall be serviced only upon the execution of individual agreements between collector and the customer-. The collector shall obtain title to conforming solid waste at the time it is collected. Section ~_= DESCRIPTION OF SERVICES. 5.1 Contractor shall provide exclusive residential solid waste collectlon services within the City limits of the City of Sebastian. The contract must include all specified services; no partial or split service will be permitted. The contractor will be responsible for both the billing and collection of solid waste fees and has the right to discontinue services to customers for non-payment. 5.2 It is the responsibility of the contractor to become familiar with and to determine the nature and conditions affecting - 4 - the collection and disposal of residential solid waste in the city Of Sebastian. The contractor is responsible for determining the impact and complying with the Florida Solid WaSte Management Act. 5.3 The contractor shall provide at his/her own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 The contractor shall conduct his/her work in such a manner as to avoid damage to adjac,nt private or public property and shall operate with due care in the vicinity of such utilities, and shall immediately repair or have repaired, at no additional cost to the owner, any breakage or damage caused by its operation. The contractor shall immediately notify the Public Works Director of such damage and shall advise of corrective action taken or to be taken. 5.5 The contractor shall not litter or cause any spoilage to occur upon the premises or the rights-of-way wherein the collection shall occur. The contractor may refuse to collect any solid waste that has not been placed in a garbage can or receptacle as provided herein, and shall provide the proper notification to the property owner specifying corrective action. During hauling, all solid waste ~hall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the contractor, the contractor shall promptly clean up - 5 - 5.6 All solid waste shall be hauled to those sites or facilities maintained by the county, or other approYed facilities within Indian River County. 5.7 The additional quantity of refuse generated by the influx of seasonal visitors and residents will not be a justification for the contractor to fail to maintain the required collection schedules, routes and levels of services. 5,8 This Franchise Agreement does not create a mandatory trash collection service for all City residents. ~ RESIDENTIAL COLLECTION S~RVICE. 6.1 The contractor shall have ~he exclusive right to collect and dispose of all solid waste, except infectious waste, hazardous waste, biohazar0ous waste, bioiogical waste and sludge, from all Residential Customers. Residential Customers consist of single family homes, multi-family units, individual mobile homes and other living units. Multi-family units and Mobile Home Parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. 6.2 The contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, with collections at least three (3) days apart. In addition to the solid waste collection, yard trash pickups will be made on one specified and published day per week. All yard trash must be bundled or in reusable containers. GraSs clippings and small branches, etc., must be in biodegradable paper bags or - 6 - other reusable containers. Yard trash contained in plastic bags will not be picked up. Yard trash mus% be separated from all other refuse. Household furniture need not be containerized and will be picked up with regular trash collection service. Mousehold appliances will be picked up at no additional charge on a one week on call basis and must Be recycled at the appropriate locations. 6.3 Collection shall begin no earlier than ~:00 a.m., and shall cease no later than 6:00 p.m., Monday through Friday. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the contractor has received prior approval from the City Manager or his/her designee, to be later evidenced by a written memorandum confirming ~he approval. No collection shall occur on Sundays or holidays except in a time of emergency. Special pickups may be requested by customers at additional cost which shall be billed by the contractor. 6.4 Collections of residential waste shall be at curbside or right-of-way. In the event an appropriate location cannot be agreed upon, the City Manager shall designate the location. Any costs associated with identification of contractor's customers is to be borne solely by the contractor. Such identification may be in a form of ~tickers or other medium affixed to the trash receptacles, etc., or other form of identification but not to exceed 5" X 7" in size. - 7 - 6.5 The contractor shali be required to pick up all residential refuse which has been properly prepared and stored for collection. All garbage, ashes, and rubbish shall be placed in a garbage can not larger than 35 gallons, or in such other approved receptacle and shall be placed at curbside or at such other single collection points as may be agreed upon by the contractor and the customer. 6.6 The contractor shall make collections with a minimum of noise and disturbance to the householder. Any garbage or trash spilled by the contractor shall be picked up immediately. Garbage cans or receptacles shall be handled carefully by the contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the 9roper point of collection. 6.7 The contractor shall collect trash from normal maintenance of vacant lots that are within the City in the same manner as the collection from residences. It will not be the responsibility of the contractor to remove trash resulting from clearing property for building purpose~. If it is the practice of the area resident~ to place their yard trash or solid waste in the right-of-way of a vacant lot, that waste shall also be collected in the same manner a~ the collection from residences. ~ SCHEDULES, ROUTES, STOR/~S ~ND HOLiDaYS. 7.1 The contractor shall provide the City with schedules for all collection routes and keep such information current at all times. If any change in the collection routes occurs, then the City shall be immediately uotified in writing. The City Manager - 8 - shall approve all permanent changes in routes or schedules that alter :he day of pick up. Upon approval by the city Manager, the contractor shall publish in a newspaper of general circulation in Indian River county at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely by the contractor. In addition the contractor shall be responsible for advertising all route and collection information in a newspaper of general circulation in Indian River County at least twice per year, on or about the ls~ of March and the 1st of September of each year, the cost of which is to be borne solely by the contractor. 7.2 In case of a storm or hurricane, the City Manager or his/her designee may grant the contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the city. The contractor shall receive extra compensation above the Contract Agreement for additional labor, overtime, and cost of rental equipment, provided he has first secured prior written authorization from the City Manager or his/her designee. The total cost for such service shall be based - 9 - on rates jointly agreed to in advance by =he City Manager or his/her designee and the contractor, in the event of such storm or hurricane emergency, the City reserves the right to assign route or pick-up priorities as deemed necessary by the City Manager. 7.3 The City agrees to exempt residential collection from the normal collection ~chedule on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and christmas Day. These holidays will be indicated in the initial public notice to customers in a newspaper of general circulation. The contractor will be excused from trash pickup these days and will not be required to make up the lost pickup day. 7.4 The contractor shall have on hand at all times and in good working order such equipment as shall permit the contractor to adequately and efficiently perform it~ contractual duties. The equipment shall be of the enclosed loader packer type and all equipment shall be kept in good repair, appearance, and in sanitary and clean condition at all times. ~ OTHER PROVISIONS. 8.1 The contractor shall comply with all applicable City, state and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. 8.2 The contractor is required and hereby agrees by ~ of this Franchise Agreement to pay all employees not less than the federal minimum wage and to abide by other requirements as - 10 - established by the Congres~ of the United States in the Fair Labor standard Act as amended and changed from time to time. 8.3 No person shall be denied employment by the contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 8.4 There will be no changes in rates for the duration of the initial twelve month period. Adjustments to rates in subsequent years will be supported by changes in the costs of property taXeS, disposal charges and fuel charges. All changes rates supported by fuel charges will be limited to charges in a nationally recognized fuel index with 1992 used as a base period. Reductions in costs must be reflected in any rate changeS. All petitions for rate changes must be approved in advance by the City Manager and evidenced by corroborative evidence reviewed and approved by the Finance Director. 8.5 The contractor shall pay the city of Sebastian a gross receipts franchise fee, according to the schedule set forth in Section 9 of this Ordinance, and. agrees all contractor's r~Cords will be available for inspection with reasonable notice and during regular business hours, to support the franchise fee. This franchise fee will be six percent (6%) of the contractor's gross receipts. The approved rate as set forth in Section 10 of the Ordinance shall reflect the total rate to the customer without adjustment for the franchise fee. 8.6 The contractor shall prepare, in accordance with format approved by the City, and maintain a register on all complaints - 11 - and indicate the disposition of each complain=. Such record shall be available for the City to inspect at all times during business hours. Unresolved Customer complaints without valid cause is considered a violation of this Franchise Agreement. 8.7 The contractor shall ob%ain,, at his/her own expense, all permits and licenses required by law or Ordinance and maintain the same in full force and effect. 8.8 Upon the City's acceptance of this Franchise Agreement, the contractor shall notify the general public and all residential service customers that the contractor will be providing exclusive trash pickup services within the City of Sebastian. Contractor shall supply necessary information to begin service to prospective customers, and shall publish the days of pickup, holidays when no service will be provided, general rate structure, and general information to provide a smooth transition from the current service to the new exclusive service. Such notice shall be in a local newspaper of general circulation in Indian River CoUnty, twice prior to beginning services, and in two consecutive months after service begins. 8.9 A copy of the general liability insurance policy shall be filed with the City Clerk of the City of Sebastian and proof of premium payments shall be submitted to the Clerk during the term of this franchise, including any extensions. The general liability policy shall contain liability limits of not less than $100,000.00 per person and $300,000.00 per occurrence. - 12 - 8.10 The company wall maintain and operate its residenti~l trash collection service in accordance with the laws of the State of Florida and the rules, regulations, and Franchise Ordinances as are or may ~e set forth by the Council from time to time. Failure of the contractor to promptly and faithfully keep, perform, and abide by each and all of the terms and conditions of the franchise ~nd rules and regulations as. set forth by Council sha~l constitute a violation of the Franchise Agreement and may be terminated by the City as specified in the Franchise Agreement. 8.11 Access to company Records. The City shall have. access at all reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer, and service records relating to the operation of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the city when required. ~ P~¥MENTS TO CITY. Beginning with the effective date of this Agreement, pursuant to Section 8.5 of this Ordinance, the contractor shall pay to the city, within thirty (30) days of each preceding billing period, an amount equal to six percent (6%) of the contractor's gross receipts for the preceding billing period. Failure to remit the required payment to the City shall be cause for termination of this grant. ~ R3~TE. The rates charged by the contractor for the services hereunder shall be. fair and reasonable and designed to meet all necessary costs of the service, including a fair, greater return on the net valuation of its propertie~ devoted udder - 13 ~ 03/06/92 10:37 "~ 407 9.51 3741 FRESE FALLA<~E ~ i~ 03, efficient and economical management. The company agrees that it shall be subject to all authority now or hereafter possessed by the City or any other regulatory body having competent jurisdiction to affix, adjust, reasonable and compensatory rate~, when this franchise takes effect, the company zhall have authority to charge and collect, not to exceed the following schedule of rates which ~hall remain effective until changed or modified as herein provided, to wits Monthly Garbage Rates: Monthly garbage rates shall be $6.12 per month, per residential =ustomer. ~ FORFEITURE. The failure on the part of the grantee to comply in any substantial respect w~th any of the Drovisions of. this Ordinance, shall be grounds for forfeiture of this grant. Section 12. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. ~ection 13. CODIFICATION. It is the intention of the City Council Of the C~ty of Sebastian, Indian River County, Florida, and it is hereby provided that the provision~ of this Ordinance shall become and be made a part of the Code of Ordinances of the city of Sebastian, Florida; that the sections of thi~ Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to appropriate designations. ~ SEVERABILITY. "Section," "Article" or other In the event a court of competent jurisdiction shall hold or determine that any part of - 14 - this Ordinance shall not be affected and it ~hall be presumed that . the city of sebastian did not intend to enact the city council of . . - It shall further be such invali~ nconstitutional provlslon. or u .- ..ould have enacted the remainder of ~ it councz~ w assumed that the C Y _~.,~ hal ~rovision, this ordinance without said invalid and unc°ns%~-*° - thereby causing said remainder to remain in full force and effect. ~ ATTORNEYS' FEES. Should it bec6me necessary for the City to initiate legal or other proceedings to enforce the terms of this ordinance, the prevailing party shall be entitled to recovery of reasonable costs and att°rneys~ fees. ~ ~FFECTIYE DATE. This ordinance shall become effective immediately upon its adoption. The contractor, by and through its authorized agent, hereby acknowledges that it has read all termS, provisionz, and conditions as set forth herein. The undersigned further acknowledges that it is sophisticated in the matterz set forth in this contract and has had full opportunity to review, and seek independent legal ad, ice with regard to all matters set forth herein. AccordinglY, the contractor hereby accepts and agrees to all terms set forth in this Agreement- ST, LUC~ W~STE 8ERVICEg, 1~¢. The foregoing ordinance was moved for adoption by councilman The motion was seconded by Councilman the vote wa~ Mayor V/ce-Mayor Prank Oberbeck Cgunctlman Peter R. Holyk COuncilman George ~. Reid Councilman and, upon being put to a vote, The Mayor thereupon declared this Ordinance duly Passed and ~dOpted this ----- day of __, 1992. ATTEST: CITY OF SEBASTIAN, FLORIDA City Clerk I HEREBy CERTiFy that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p,m. on the ..___ day of and that following said Public hearing this 6rd/nance was passed by the City Council, ..... -' 1992, Approved as to Form and Content: Char/es Ian Nash, Cty Attorney ~ 16 -