HomeMy WebLinkAbout03271991 City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.085
91.086
A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 27, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CiTY HALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Joe Brooks, First Church of
God, Veto Beach
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PRESENTATIONS - None
8. PUBLIC HEARING, FINAL ACTION - None
9. PUBLIC INPUT
A. Non-Agenda Items
1. Teens Against Boredom - Request to Close Main
Street (Staff Recommendation dated 3/21/91,
TAB Letter dated 3/20/91)
2. Sebastian Panthers - Request Improvements to
Schumann Park (City Manager Recommendation
dated 3/21/91, Raborn Letter dated 3/21/91)
91.087
91.088
91.089
91.090
91.091
91.092
91.071
91.071
10.
11.
B. Agenda Items
CONSENT AGENDA
Approval of Minutes - 3/13/91 Regular Meeting,
3/18/91 Special Meeting
Bid Award - Sebastian Municipal Golf Course Lake
Management - Ameriquatic, Inc. of Ft. Lauderdale
- $1,440 (Staff Recommendation dated 3/20/91, Bid
Tabulation)
Bid Award - Sebastian Municipal Golf Course
Clubhouse Cleaning - DTF, Inc. of Sebastian -
$4,740 (Staff Recommendation dated 3/20/91, Bid
Tabulation)
Bid Award - Sebastian Municipal Golf Course
Turf Vacuum - DeBra Turf of Ft. Lauderdale -
$8,159 (Staff Recommendation dated 3/20/91, Bid
Tabulation)
Request for Use of Community Center - 6/22/91
Wedding - 3 p.m. to 8 p.m. - A/B - Gregory Witt
Perm,tree - DOB 7/20/64 - Security Paid
(Application, License)
Women's Golf Association - Promotion - Request
Waiver of Green Fees (Staff Recommendation dated
3/14/91, Squire, Sanders and Dempsey Letter dated
5/23/86, Women's Golf Association Letter dated
3/7/9)
COMMITTEE REPORTS/RECOMMENDATIONS
A. Riverfront Study Committee
Request for Funding - Final Report Renderings
(Jones Memo dated 3/20/91)
12. OLD BUSINESS
Review Engagement of Thomas A. Cloud,
Esquire - Gray, Harris and Robinson, P.A. Re:
Indian River County Water & Sewer Franchise
(No Backup - Oral Report - City Attorney)
Consider Engagement of Hartman & Associates - Re:
Indian River County Water & Sewer Franchise (City
Manager Recommendation dated 3/21/91, Hartman
Proposal dated 3/21/91)
2
91.093/
90.279
13.
91.094/
90.211
91.066
J & S Aviation Lease Addendum (Staff Report
on Liability Insurance dated 3/21/91, 3/13/91
Agenda Backup Includes Anerson Letter dated
2/5/91, Proposed Lease Language, Switchkow Letter
dated 2/25/91)
NEW BUSINESS
A.
ORDINANCE NO. O-91-03 - Mandatory Numbering of
Improved Properties (Staff Recommendation dated
3/1/91)
FIRST READING, SET PUBLIC HEARING 4/24/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE DISPLAY OF
BUILDING NUMBERS; AMENDING ARTICLE V OF THE LAND
DEVELOPMENT CODE TO ADD NEW SECTION 20A-5.46
PERTAINING TO ~HE DIMENSIONS AND LOCATION OF BUILDING
NUMBERS TO BE DISPLAYED; PROVIDING FOR THE CITY OF
SEBASTIAN TO ASSIGN BUILDING NUMBERS; PROVIDING FOR
PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CiTY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Discussion 9/12/90)
ORDINANCE NO. O-91-10 - Columbus Club Comprehen-
sive Land Use Plan Amendment (Staff Recommenda-
tion dated 3/21/91)
FIRST READING, SET PUBLIC HEARING 4/24/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER
COUNTY MD-1 (MEDIUM DENSITY) DISTRICT TO CITY OF
SEBASTIAN INS (INSTITUTIONAL) DISTRICT FOR LAND
SITUATED IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON
GIBSON STREET; PROVIDING FOR A COPY OF THE
DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE PLAN
MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (Discussion 3/6/91)
3
91.066
91.095/
90.229
91.096
91.097
91.098
14.
ORDINANCE NO. O-91-11 - Columbus Club Rezoning
(Staff Recommendation dated 3/21/91)
FIRST READING, PUBLIC HEARING WILL BE SCHEDULED AFTER
0-91-10 1ST PH, TRANSMITTAL AND RETURN FROM DCA
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE NORTH CENTRAL AREA OF THE
CITY, APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED
ON GIBSON STREET, FROM INDIAN RIVER COUNTY ROSE 4
ZONING DISTRICT TO CITY OF SEBASTIAN PS (PUBLIC
SERVICE) ZONING DISTRICT; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Discussion 3/6/91)
ORDINANCE NO. 0-91-12 - U.S. 1Rezoning - CL to
CG (Staff Recommendation dated 3/21/91)
FIRST READING, SET PUBLIC HEARING 5/8/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONiNG
CERTAIN PROPERTY IN THE NORTHEAST AREA OF THE CITY,
APPROXIMATELY 60 PARCELS OF LAND MORE OR LESS LOCATED
ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND ON BOTH
SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT
LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT
TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Discussion 10/3/90)
MAYOR'S MATTERS
Appointments to Indian River County Committees
(No Backup)
1. Economic Development Council
2. Indian River County Ad Hoc - Land Acquisition
Indian River County Transportation Planning -
Alternate Member
B. Other Matters
4
91.099
91.100
15.
16.
17.
18.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
A. Discussion - Government-In-The-Sunshine Law
(No Backup)
B. Communications With News Media (No Backup)
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
3/27/91 REGULAR CITY COUNCIL MEETING
DOCUMENT LIST
The following is a list of backup materials for each item in
the agenda packet and notation for those agenda items with no
backup.
3/27/91 Agenda
9. PUBLIC INPUT
A. Non-Agenda Items
91.085
Teens Against Boredom - Request to Close Main
Street
1. Staff Recommendation dated 3/21/91
2. TAB Letter dated 3/20/91
91.086
Sebastian Panthers - Request Improvements t__qo
Schumann Park
1. City Manager Recommendation dated 3/21/91
2. Raborn Letter dated 3/21/91 w/ list of problem areas
10. CONSENT AGENDA
Approval of Minutes
1. 3/13/91 Regular Meeting
2. 3/18/91 Special Meeting
91.087
Bid Award - Sebastian Municip~! ~olf Course Lake
Management - Ameriquatic, Inc. of Ft. Lauderdale
- $1,440
1. Staff Recommendation dated 3/20/91
2. Bid Tabulation
91.088
Bid Award - Sebastian Municipal Golf Course Clubhouse
Cleaning ~ DTF, Inc. of Sebastian - $4,740
1. Staff Recommendation dated 3/20/91
2. Bid Tabulation
91.089
Bid Award - Sebastian Municipal Golf Course Turf Vacuum -
DeBra Turf of Ft. Lauderdale - $8,159
1. Staff Recommendation dated 3/20/91
2. Bid Tabulation
91.090
Request for Use of Community Center - 6/22/91 Wedding - 3
p.m. to 8 p.m. - A/B - Gregory Witt Permittee - DOB
7/20/64 - ~ Paid
1. Application
91.091
91.092
91.071
91.071
91.093
91.094
91.066
91.066
91.095
Women's Golf Association L Promotion - Request Waiver of
Green Fees
1. Staff Recommendation dated 3/14/91
2. Squire, Sanders and Dempsey Letter dated 5/23/86
3. Women's Golf Association Letter dated 3/7/9
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. Riverfront ~ Committee
Request for Funding - Final Report Renderings
1. Jones Memo dated 3/20/91
12. OLD BUSINESS
Review Engagement of Thomas A. Cloud, Esquire - Gray,
Harris and Robinsona P.A. Re: Indian River County Water &
Sewer Franchise
(No Backup - Oral Report - City Attorney)
Consider Engagement of Hartman & Associates - Re:
Indian River County Water & Sewer Franchise
1. City Manager Recommendation dated 3/21/91
2. Hartman Proposal dated 3/21/91
J & S Aviation Lease Addendum
1. Staff Report on Liability Insurance dated 3/21/91
2. 3/13/91 Agenda - City Manager Recommendation
3. Anderson Letter dated 2/5/91
4. Proposed Lease Language
5. Switchkow Letter dated 2/25/91
13. NEW BUSINESS
ORDINANCE NO. 0-91-03 - Mandatory ~umbering of Improved
Properties
1. Staff Recommendation dated 3/1/91
2. 0-91-03
ORDINANCE NO. 0-91-10 L Columbus Club Comprehensive Land
Use Plan Amendment
1. Staff Recommendation dated 3/21/91
2. O-91-10
ORDINANCE NO. 0-91-11 Columbus Club Rez0nin~
1. Staff Recommendation dated 3/21/91
2. 0-91-11
ORDINANCE NO. 0-91-12 - U.S. 1Rezoning - CL to CG
1. Staff Recommendation dated 3/21/91
2. O-91-12
3. Map
2
91.099
91.100
14. MAYOR'S MATTERS
A. Appointments to Indian River County Committees
(No Backup)
16. CITY ATTORNEY MATTERS
Discussion - Government-In-The-Sunshine Law
(No Backup)
Communications With News Media
(No Backup)
3
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO CLOSE MAIN STREET
FOR TEENS AGAINST BOREDOM
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin Community Development
Date Submitted 3/21/91
For Agenda Of
3/27/91
Exhibits:
Letter from TAB dated 3/20/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Teens Against Boredom Organization is requesting permission from City
Council to close Main Street from U.S. #1 to indian River Drive between
the hours of 4,00 P.M. until 11,00 P.M. on April 13, 1991. I have
discussed this proposal with Lieutenant Zeuch of the Sebastian Police
Department and he has respectfully requested that the hours be limited
from 4:00 P.M. to 10,O0 P.M. which, Deborah Jenkins has agreed with that
time restriction. The Public Works Department will provide the barricades
and will situate them to provide access to the Main Street boat parking
lot.
RECOMMENDED ACTION
Move to approve the request from Teens Against Boredom to close Main
Street from U.S. #1 to Indian River Drive between the hours of 4~00 P.M.
to 10:OO P.M.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Schumann Park
City Manager
) ~genda No. ~~
) Dept. of Origin: City Manager
)
) Date Submitted: ~
) &pproved For Submittal By:
)
) For &genda Of: 0,~/27/91
)
) Exhibits:
) - Maura Raborn Letter Dated, 3/21/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDOETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Representatives of the Sebastian Panther Youth Sports Association have
met with me recently to discuss the condition of Schumann Park.
Currently, the Panthers use Schumann Park as their playing field and
also use an existing rest room - concession building in conjunction
with the program. The Sebastian Panthers will ultimately move to the
Barber Street Sports Complex once the soccer - football - all purpose
field is completed. However, that may be two to three years away
depending on the available budget and phasing of the Barber Street
Sports Complex. Schumann Park will remain a municipal park after the
Panthers relocate to the Barber Street Sports Complex. The building is
in need of some repairs and I have directed the Public Works
Department to repair the roof and upgrade the electrical. The playing
field, however, needs considerable work. The irrigation system needs
to be updated, the field leveled and the playing surface resodded.
The Capital Improvement budget allocates $25,000 for general park
improvements. Leveling the field, upgrading the irrigation system and
installing new sod will improve the safety for the Sebastian Panthers
as well as the public who use this facility.
RECOMMENDED ACTION
Move to direct the City Manager to bid improvements to Schumann Park
including regrading and leveling the playing surface of the football
field, upgrading the irrigation system and installing sod.
City of Sebastian
POST OFFICE BOX 780127 tn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJEOT: SMGC Lake Management
Approved For Submittal By:
City Manager
Dept. Origin ,~inance
Date Submitted 3/20/91
For Agenda of 3/2T/91
Exhibits: Bid Tabulation
EXPENDITURE
REQUIRED: $1,440.
AMOUNT
BUDGETED: $3,000.
APPROPRIATION
REQUIRED:
~MMARY STATEMENT
Three bids were received for SMGC Lake Management. The lowest and best bid
that met all of the advertised specifications was submitted by AmerAquatic.
They have done other contractual work for the City and have proven to be
very satisfactory. Adequate funds are budgeted in the Golf Course
Enterprise Fund.
RECOMMENDED ACTION
Move the bid for Sebastian Municipal Golf Course Lake Management be awarded
to the lowest and best bidder, AmerAquatic,Inc. of Deerfield Beach, in the
amount of $1,440.
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: SMGC Clubhouse Cleaning
Approved For Submittal By:
City Manager /~
Aw®nda No.
Dept. Origin
Date Submitted
For Agenda of
Finance ( LWN ) ~
3/20/91
3/27/91
Exhibits: Bid Tabulation
EXPENDITURE
REQUIRED: $4,740.
AMOUNT
BUDGETED: $7,200.
APPROPRIATION
REQUIRED:
,~,UMMARY STATEMENT
Four bids were received for SMGC Clubhouse Cleaning. The lowest and best
bid that met all of the advertised specifications was submitted by DTF,
Inc. Adequate funds are budgeted in the Golf Course Enterprise Fund.
RECOMMENDED ACTION
Move the bid for Sebastian Municipal Golf Course Clubhouse Cleaning be
awarded to the lowest and best bidder, DTF, Inc. of Sebastian in the amount
of $4,740.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
EUBJECT: SMGC Turf Vacuum
Approved For Submittal By:
City Manager
A$enda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
Finance (LWN) ~
3/20/9]
3/27/91
Bid Tabulation
EXPENDITURE
REQUIRED: $8,159,
AMOUNT
BUDGETED: $9,000
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Two'bids were received for SMGC Turf Vacuum. A no bid was submitted by
Pifer,Inc. and DeBra Turf bid $8,159. for a Promark 1050 Vacuum that met
all of the advertised specifications. The bid was found to be both
reasonable and competitive. Adequate funds are budgeted in the Golf Course
Enterprise Fund.
RECOMMENDED ACTION
Move the bid for Sebastian Municipal Golf Course Turf Vacuum be awarded to
the lowest and best bidder, DeBra Turf of Ft. Lauderdale, in the amount of
$8,159.
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER / YACHT CLUB
Name of Renter/Organ!zation~ff~/~;~ ~ ~0', ~
Number of Persons constituting group or organization:
To
Reason ,or Rental %
Please answer YES or NO:
l) Are kitchen facilities required7
2) Are you e resident of Sebastian?
3) Will decorations be put up7
4) Will there be an admission or door charge7
5)
Will alcoholic beverages be served? ~_~
(a) If answer to 9§ is yes
permittee's proof of age
(b) If alcohol is to be served, permission is required by the
City Council. Your ~eq~e~t will be presented to Council
Amount of Rental /~9, 2-~- 7% Tax:
Telephon~ No.:' Date of Application
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY ~$ OFFICE
~(.'3. !)(~ by Check ~-~__
Rental Fee paid on
by Check #
_(date) in the amount of
or Cash
initial~,C~7~7
(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
Amount kept for damages (if applicable).
\ws-form\rentapp
in the
(date).
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Women,s Golf Assoc.
Promotion
city Manager
Dept. of Origin: Golf Course (JL)
Date Submitted: ~
Approved For Submittal By:
For Agenda Of: 03/27/91
Exhibits:
- Squire, Sanders & Dempsey Letter
Dated 05/23/86
- Women's Golf Association Letter
Dated 03/07/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
We have recently received a letter from the Sebastian Women's
Golf Association requesting the City Council to waive certain
green fees for off season play. Free play at the golf course is
generally prohibited by the terms of the bond resolution.
However, in a legal opinion written by the City's bond counsel,
Squire, Sanders & Dempsey, free play is permitted for promotional
purposes if it meets certain criteria. Pro-Manager, Jim DeLarme
and I have both reviewed the request of the Sebastian Women's
Golf Association and find that the request meets the criteria as
outlined in the legal opinion for promotional free play.
RECOMMENDED ACTION
Move to grant request of Sebastian Women's Golf Association to
waive green fees as outlined in their letter of request, dated
March 7, 1991.
Q/. 0¢/
l~y 23, 1986
Carol Carswell, Finance Director
City'of Sebastian
1225 Hain Street
Sebastian, Florida 32958
Re;
$2,005,000 City of Sebastian, Florida
Golf Course Revenue Bonds, Series 1985
Dated October 22~ 1985
Dear Ms. Cars~ell:
We are writing pursuant to your request for an interpretation of
Section 10.06 of Resolution R-85-44 (the "Bond Resolution" under which the
above bonds were issued). I also wish to express our views on other matters
called to my attention by your auditors, Deloitte Haskins & Sells.
Section 10.06 of the Bond Resolution contains a covenant of the City
to the bondholders in which the City promises (i) that the City shall not
offer the golf course facilities (the "Facilities") or parts thereof to users
without receiving the full amount normally charged, (it) that thc City shall
not avail itself of the Facilities for itself or employees (other than person-
nel of the golf course acting within the scope of their employment) without
charging for the use thereof in the same manner as would be charged other
types of users of the Facilities and (iii) that the City shall not charge for
use of the Facilities on a discriminatory basis, etc. The foregoing covenant
is qualified by a proviso in the final sentence of Section 10.06 which states
"Provided~ ho~ever~ that the foregoing shall not be applied to limit promotion
and marketin[ of the Facilities."
Thus on].y the following types of free use of the Facilities is per-
mlssible:
(a) Use by golf course 'employees actl.,g within the scope of their
employment; and
(b) Use by others if the free use is granted as a method of pro-
moting and marketing tile business of the golf course.
In each case, the free use should bc reasonable and not materially different
from the free use granted by other golf courses.
Carol Carswell
Finance Director
Hay 23, 1986
Page
Any free use by golf course employees must be vhile they are acting
within the scope of their employment as golf course employees. Clearly~ the
free use must occur only vhen the employee is "on duty" and the frae use
should be necessitated by his or her job responsibilities. If It is required
£hat certain employees stay on the premises ac mealtimes, their meals could be
provided free if there were a policy to that effect. The resident pro or
manager could be permitted to play golf free vhen necessary to accompany pro-
epectlve members or tournament sponsors or to determine vhether the "pin
placement" should be changed, etc. There should be a clear business purpose
for all such free use.
The purpose of the promotion proviso is to permit the City to extend
free use when necessary to promote the business of the golf course. It would
be permissible for the golf course manager to permit a visiting golf pro or
tournament sponsor to play a free round of golf and perhaps have lunch, pro-
vided doing so is ~ expected to attract business Lo the golf course.
The proviso would also permit other types of promotion, such as promoting a
membership drive vhere pe0ple can one play free round of golf in the hopes
that they will purchase a membership. The language is rather flexible as Co
what may be'done. However, there must be a bon~a fid.___~e promotional motive and a
reasonable expectation that the promotion viii benefit the revenues of the
golf course.
The test under both "free use" exceptions is one of reasonableness
under the circumstances. The questions to ask are: (1) is it reasonable and
justified by the business of the golf course co provide a particular free use
to certain employees while they are on duty7; (2) is it reasonable and Justi-
fied by the business of the §olf course to grant a promotionally motivated
free use to the person to whom ~he free use is offered7; and (3) is the level
and extent of the free use reasonable under the circumstances7 A free lunch
of soup, sandwich and ice tea could reasonably be provided to employees if
their responsibilities require their presence on the premises at meal time,
hut a free lunch of pheasant and fine imported wine would not normally be
reasonable for on-duty employees; however, if a special pheasant and wine
lunch was given to s tournament sponsor to attract an important tournament~
Chon the golf pro or golf course manager may reasonably be permitted to join
the tournament sponsor for that lunch on a free basis.
Indiscriminate free use must be avoided. The City Council should
adopL rules for free "on duty" employee u~e and free promotional use of the
Facilities, In vieu of the record of abuse, it is suggested that no further
free use should be permitted until those rules are in place unless suci) par-
ticular free use is approved tn advance by the City Council and the minutes
reflect the business Justification for the free use.
Carol Carswell
Finance Director
Hay 23, 1986
Page
It is recommended that the golf course manager draft a proposed set
of rules. As to each proposed rule (permitting any type of free use), he
should provide a comment in writing as to why the recommended type of free use
is justified and reasonable. That Justification should be supported by evi-
dence that the /tee use proposed is ordinary and necessary for the operation
of the golf course and is in accord with practices at other golf courses
(which should be identified by name so that the facts may be confirmed by the
City Attorney or the City's golf course consultants). The proposed rules
should then be reviewed by the City Attorney and the City's golf course con-
sultants, revised (ti necessary) and presented to the City Council for consid-
eration. The rules should permit the City Council, by motion, to grant spe-
cial exceptions to the rules in unusual cases, provided the minutes reflect
the business justification for the par£icular special exception. The cost and
business justification for each free use of the Facilities should be contem-
poraneously accounted for and documented in a manner satisfactory to the audi-
tots and kept for review by the auditors.
I have been contacted by Frank E. Jaumot of Deloitte Haskins & Sells
concerning its audit of the golf course. He advises me that:
Free use of the golf course has been given to City employees and
officials under circumstances where the use was not within the
scope of employment; in many cases the city employees were not
golf course employees and were not on duty (a violation of Sec-
tion 10.06 of the Bond Resolution);
Sales slips have been lost or destroyed, the details of which, I
understand, are set forth in a City police report dated February
12, 1986, entitled "Special Investigation Requested by Hayor Jim
Gallagher Respecting Sebastian Hunicipal Golf Course" (a viola-
tion of Sections 10.03 and 8.10 of the Bond Resolution) [Please
send me a copy.of that report]; and
(3)
Unauthorized dtscounLs have been given (resulting in a violation
of ti~e anti-discrimination provision of Section {0.06 of tile
Bond Resolution); and
(4)
Employees have been permitted to purchase memberships on credit
and have not paid for them and have not been pressured to pay or
been suspended from membership for non-payment. (This may vio-
late the anti-discrimination or free use provisions of Section
10,06 of the Bond Resolution,) I do not feel that it is normal.
practice among public golf courses to sell memberships or meals
and services o,1 credit (this should he chocked wlt,~ [1,,: City's
golf course cousultant~); If credit ts ~o be extended, tt should
be done only pursuanl to a written credit policy, established by
Carol Carswell
Finance Director
May 23, 1986
Page
the City Counsel; the policy should establish criteria for
credit, credit limits, terminating credit to and the memberships
of persons whose accounts are past due and the referral of past
due accounts to the city attorney for collection.
Because of the above irregularities, your auditors will not be able
to give an unqualified opinion and will not be able to give a clean certifi-
cate under Section 10.04 of the Bond Resolution. Because the fiscal year now
under audit is the fiscal year ended September 30, 1985 and the Bonds were not
issued until October 22, 1985, the past actions do not present an immediate
problem under the Bond Resolution. However some of the violations, referred
to above, have continued into the current fiscal year and constitute a viola-
tlon of the Bond Resolution; those violations, if not rectified promptly,
could result in an "event of default" under Section 12.01(g) of the Bond
Resolution.
An event of default could result in the appointment of a Trustee, the
enforcement of the terms Of the Bond Resolution by judicial proceedings, the
appointment of a receiver and the acceleration of the Bonds.
If an event of default should occur it could: (i) be quite damaging
to the City's credit and its ability to borrow money in the future; (ii) be a
political liability to the Mayor and members of the City Council; and (iii) be
damaging to the careers of those City officials who are responsible for finan-
cial matters or managing the City or the golf course, including, but not
limited to, the Finance Director, City Hanager and golf course manager.
I understand that Deloitte Haskins & Sells will be preparing a
"management letter" setting forth recommendations, which if adopted, would
correct the above conditions. Its recommendations be promptly implemented.
This is a very serious matter and should be given very high priority by the
Mayor, City Council, Finance Director and golf course manager.
If you have any further quest'ions regarding this matter, please do
not hesitate Lo call me.
Very truly yours,
Gr~fl:lth F. Pitcher
GFP:ge
cc:
Frank E. Jaumot
Deloitte Ilaskins & Sells
1901 South Harbor City Building
Melbournv, Florida 32901
Mayor L. Gem., Ilarrts
City of Sebastian
1225 Main Street
.q,.,ba~tia,, Flor Ida 329~
~.~AStM~ WOI~t~.N~ OOt~ l~$OclArlo~
?/
Sebagl:tens ~/omeng Ae;n.
~tnyor Conyets end Coo.ell:
The ~omans Golf A§§oe|at[on ~L the Sehn~tlan ~.C. has been
~lay{ng since the [~eept{on of the ~our~e.
to other eoureea ~ thta ate§ ~ot special tout,§manta. In
Th§ts are [out tn .Ombek end ta'k& ~laee only [o th~ summer
mu.th§ ~hen the eoutae has Iaaa play,
has Informed ua that u,det the bo,d guldelin~s shat has been
should ask for a valve oE gtee~ ~ee§ from the eo0nell.
Iht§ privilege h~ b~n ~tvefl o~ §iflee the {nc6~[to~ of the
cout§e. This procedure la not O~lqtt~ to our eootae but done
nationwide by~l~o§t ell ~olf coOt§e§.
when it comes be~ote ~ou at
e. e./Jtm' 1}aLarms
Golf coUrSe manager
Date:
To:
From:
Re:
March 20, 1991
Robert S. McClary
City Manager
Peter W. Jones ~C~h,~
Riverfront Committee
Committee Final Report Renderings
Funding Request
Per the discussion following your presentation at the Riverfront
Committee's last meeting, and at the request of the Committee,
I submit the following funding request for renderings to be
included in the Committee final recommendation report.
As we are all aware, photographs, renderings- any sort of visual
aid can help tremendously in the depiction of an idea. The
Committee realizes this importance and has selected three images
that will best present visually, the thrust of our
recommendations, along with a graphic map delineating the
Riverfront Study area. These renderings would show 1) the
character of Indian River Drive, the 'Main Street' of the
Riverfront, with pedestrian/bike path, landscaping and lighting,
and buildings in the background; 2) a view of the River's edge,
showing the east side of Indian River Drive in the background
with water related activities and character in the foreground,
such as boating, fishing, etc.; 3) the Indian River Drive/Main
Street/U.S. One area depicting parking with landscaping and
lighting, public facilities, adjacent to a central cultural/
informational center.
The cost of the renderings will be done by an artist who's fee
to produce those will be $400.00 per color rendering. Cheap.
His work is excellent. The total cost for all three renderings
will be $1,200.00. These renderings will be used for our final
Report, all public presentations and they will be invaluable
when used for future grant applications and presentations to
those agencies responsible for the administration and dispersment
of grant monies.
The Committee is unanimous regarding the importance of having
this type of rendered presentation of its recommendations. It
will be money well spent. I thank you in advance, for your
expedition of our request through City Council. There are several
March 20, 1991
Memorandum, Robert S. McClary
Page Two
examples available, of the artist's work, should it help. Also,
I will be at the Council meeting with at least one example,
as well as to answer any questions. Thank you again.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Water/Sewer Engineer
City Manager
Agenda ,"
Dept. of Origin: City Manager
Date Submitted: 03/~/91
Approved For Submittal By:
For Agenda Of: O3/27/91
Exhibits: Hartman & Associates~ Inc.
Proposal dated 3/21/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
I met recently with City Attorney Charles I. Nash and special
attorney Thomas A. Cloud to discuss the City's review of the
water and sewer franchise granted to Indian River County. Mr.
Cloud recommended that the City engage an experienced water and
sewer engineer to perform an engineering evaluation which
outlines the advantages and disadvantages of the City providing
water and sanitary sewer services within the City. Mr. Cloud has
recommended the engineering firm of Hartman & Associates, Inc.,
to do this evaluation. While the special lawyer will advise the
City of the legal ramifications involved in nullifying the
franchise and interlocal agreement with Indian River County, the
engineering consultant will provide information on the
feasibility of the City getting into the water and sewer
business.
in 1987 the City Council approved a broad and exclusive franchise
to indian River County for water and sewer services within our
community. In light of the 1985 Growth Management Act, the
granting of that franchise put control of the future of Sebastian
squarely in the hands of Indian River County. By offering to
voluntarily relinquish its franchise, Indian River County
officials have given Sebastian an opportunity to revisit the 1987
decision and to determine, based on legal and engineering advice,
if the citizens and property owners of this city are best served
by the City of Sebastian or Indian River County.
However, in addition to the legal and engineering considerations,
I encourage the City Council to evaluate Sebastian's often
challenging decision making framework. Organizing and developing
a water and sewer utility within the City will require a
commitment of time, money and human resources.
RECOMMENDED ACTION
Move to approve the engagement of Hartman & Associates to form an
engineering evaluation.
engineers, hydrog~ologisls, scientists & tnatm~nent cortsul,tants
March 2 I,, !991
HAI Ag)0-064.00
Mr. Robb McClary, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
VIA FACSIMILE
Subject: Utilities Enllineering Services
Dear Mr. McClary:
Pursuant to our telephone conversation enclosed, are tile following:
1, List of G. C. Hartman Utility Acquisition Experience.
2. G.C. Hartman Resume.
3. Standard Form 254 (Water m~d Wastewater).
Also enclosed are two (2) copies of the proposal to provide engineering services.
Very truly yours,
Ha.man a A~.oc.i~tJgsi'~c]-"
_./ ..el ...... ... :~;!!~ "
/-'-'/ ' . ....... -./72 ....:?
derald C'. l hrrra,
President
Enclosures
GCH/mg/P- 1/MCCLARY. PRO
S()Lq'I-tEA.ST BANK BL;Ii,,DING · $Lr~3~ I(a]R) · 201 E~ST P~ $~ET
~PHO~ (407) 839-3955 · FAX' i,'407) 839.3~)
PRINCIPALS, ,LXME$ E. CIIRISTOPHER · CHARLES ~ D~IKE · G~R xl r~ C I. tARTMA:< , MARK I
engineers, hydrogeologtsts, sctenttst~ & managemen, t consultants
Match 21, 1991 HA!, ;~:)1-064.00
~,.r. Robb McClary, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Harlman & Associates, I. nc. (HAl) Eugineeriag Letter of Engagement
Dear Mr. McClary:
This letter of engagement summarizes our scope of services, compensation and schedule
relative to the utilities matter.
!. Sco~..9f Services
HA1 will perform an investigation the existing utility facilities franchise and the advantages
and disadvantages of providing water and wastewater services to the City. I-IAI will also
delineate finmmial considerati.ons, management considerations, operational considerations and
associated factors concerning potential City services. We will prepare a complete briefing
document for the City Council's consideration regarding tile City taking back franchising
duties from the County and providing independent water and wastewater services.
2. Com~nsation
HAl will ~fform the above rusks on an hourly basis with a not4o-exceed fee of $10,000.
Attached as Exhibit "A" is our hourly rate schedule. Other direct costs shall be billed at cost.
SOI_rTHEAST BANK BLaLDLNG · SUITE 1000 ,, 201 leAST PP',,T STREET * ORL^N'DO. FL 32801
TEI.EPl-IONT (407) 83q.3955 · ~^X ('41.~7.} 839-3790
P1RIN(:IPn,[_~: JAbtE5 £ CI-IRISTOPIIEg · CHAR[ [~ \\ [)RAKE ·
~Mr. Robb McClary
March 21, 1991
Page 2
3. Schedule
HAl shall, provide the briefing document to the City within two and a one-half (2 1/2) weeks.
Ten (10) copies of lhe briefing document shall be sent to the City.
Very truly yours,
Har~man & Associates, In.c~.×~)
_..;:;' ,./' _~
Witness ~er~t C. Ha/~n~{n, P.E.
President
Witness
City of Sebastimi
Witness
Witness Signature
Attachment
GCH/mg/P-1/MCCLARYI.PRO
Date
EXHIBIT 'A '
itA.RTMAN & ASSOCIATES, INC..
HOURLY RATE SCHEDULE
G, C. Hartman
Panners/Principals
Division Managers/Heads (Engineer VIIi-)
Engineer VII (P.E.)
Engineer VI (P. E.)
Engineer V
Engineer IV
Engineer III
Engineer I/II
Senior Scientist
Project Manager
Senior Engineer inspector
Engineer Inspector
Senior Planner/Designer
Hydrogeologist
Junior Hydrogeologist
Staff Planner
Planning Technician
Computer Time
Engineering Technician IV
Engineering Technician III
Engineering Technician I!
Engineering Technician !
Draftsperson III
Draftspetson II
Draftsperson I
Graphics Manager
Graphics Technicm~
Graphics Draftsperson
Secretarial Support
Reproduction/Courier Support
Senior Accountant
Accounting Support
$110.00
$90.00
$75.00
$65.00
$60,00
$55.00
$50.00
$45.00
$40.00
$55.00
$55,00
$45.00
$42.00
$46.00
$46.00
$37.00
sao.oo
$34.00
$32.00
$45.00
$40.00
$35.00
$3O.0O
$30.00
$27.50
$25.00
$45.00
$35.00
$27.50
$25.00
$21.00
$52.50
$34.00
P-P/HRLYRATE.DOC
UTILITY ACQUISITION EX PER IENCE
HARTMAN & ASSOCIATES, [NC.
G. C. HARTI~'N, P.E.
FIA)RIDA SYSTEM VALUATION EXPERIENCE
1. Water and Wastewater System~
Seacoast Utilities, Inc.
North Hutchinson Services, Inc.
Soutl. Hutchinson Services, Inc.
North Beach Water Company
Bent Pine Utility Company
Sugar Mill Utility Company
North Orl,-mdo Water and Sewer Company
Osceola Services Compm~y
Prima Vista Utility Company
Poinciana Utilities, Inc.
Orange City Water Company
Indim~ River Utilities, Inc.
Terra Mar Utility Company
General Development Utilities - Port Malabar System
Ocean Reef Club, Inc.
Deltona Lakes - Deltona U'tilities, Inc.
Seminole Utility Company
St, Augustine Shores - Pelican Bay Utility Compm~y
Country Club Village
West Volusia Utility Company
West Lakeland Industrial
Eastside Water Company
Sanibel Sewer System
Country Village Utility Company
John Knox Village Utility System
General Development Utilities - North Port System
Magnolia Valley Services, Inc.
Central Florida Utilities, Inc.
Orange/Osceola Utilities, Inc.
Land O'Lakes Utilities
KOA Utilities of Orange City
Palm Valley Utilities, Inc.
Remmington Forrest Utilities, Inc.
Orange City Industrial Park System (Volusia County)
Valrico Hills - SSU Services, Inc.
Herschel Heights - SSU Services, Inc.
Seaboard - United Florida Utility Corporation
UTILITY ACQUISITION EXPERIENCE
}[ARTMAN & ASSOCIATES, INC. (Cm~tinued)
Utility Condemnation Valuation Testimony (Solid Waste)
Bmnetfi versus Orange County
h~veStor Owned Utility Acquisition Report for Bonding
Burnt Store Utility Company
Twin County Utility Company
Deep Creek Utility Compm~y
Utility Acquisition Review for Topeka Group-Florida Operations
(SSU Services, Inc.)
Marco Island Utilities, Inc.
Seaboard Utilities, Inc.
St. Augustine Shores Utilities. Inc.
Marco Shores Utilities, Inc.
Enterprise Utility Company
Deltona ~l~kes Utilities, Inc.
Spring Hill Utilities, Inc.
Citrus Springs Utilities, Inc.
Marion Oaks Utilities, Inc.
Pine Ridge Utilities, Inc.
Sunny Hills Utilities, Inc.
GCH/mg/P/UTLACQ. RPT
HAIgg0-035.00
UAE-2
GEIGCLD C. HARTMAN, P.E.
HARTMAN & ASSOCIATES, INC.
~DUCATION
B.S. - Duke University, 1975
M.$. - Duke University, 1976
PROFF_~$iONAL REgISTRATiON
Professional Engineer No. 27703, FL
Professional Engineer No. 12410,
Professional Engineer No. 131184, VA
Professional Engineer No. 15264, NC
Professional Engineer No. 38216, PA
Professional Engineer No. 17597, GA
PROFESSIONAL AFFILIA~ONS
American Society of Civil Engineers
National Societ), of Profe~ional Engineers
Florida Engineering Society
American Water Works Association
Florida Pollution Control Association
American Water Resources Association
Water Pollution Control Federation
Florida Water and Pollution Control
Operators Association
QUALIFICATIONS SUMMARY
Mr. Hattman is highly qualified in environmental engineering, with special expertise in water
resources, watea' quality, well field design, water treatment analysis/design, pumping system
analysis/station design, hydraulic analysis, pipeline design, waztewater collection, treatment,
effluent reuse/u~tion/dispo.~al, facility planning, rate charge and fee studies, funding and
grant,. Mr. Hartman is a qualified expert witne.~ in the are~ of wa~_x supply and treatment,
wastewater treatment and effluent disposal, utility system apprai~alz, landfill siting, and utility
condemnation cases.
Mr. Hartman's experience has been primarily within the Sram of Florida involving vrater,
wastewater, utility projects, solid waste and stormwater.
Facility Planning - Mr. Hartman has been involved in over 30 water and/or wastewater
mastex plans, several interlocal negotiations and agreement,, and over 15 5-year capital
improvement programs and several capital construction fund plans. Mr. Hartman represented
the American $oeiely of Civil Engineers in the State Comprehensive Plan ax a Policy Advisory
Committee Member on the utility element. Mi'. Hartman was involved in the implementation
of two (2) stormwatex utilities in Florida.
Gerald C. Hartman, P.E. (Continued)
-Financial Reports - Mr. Hartman has been involvecl in overt 25 capim.l charge, impact fee,
installation charge studie.s, involving water, wastewater and fire service for various Florida
entities. He also has been involved in over 20 user rate ~tdjustment repo~ in the past five
years. Mr. Hartman has assisted in the development of over 30 ~'evcnue bond issue, 6 short-
term bank loan systems, 2 general obligation bonds, 8 consWaction grant programs, 4 capacity
sale programs, and 2 privatization programs. Mr. Hartman has been involved in forty-seven
(,i7) utility acquisition/utility evaluations for acquisition. Hc is an expert with experience in
utility condemnation cases.
Analyses - Mr. Hartman has been involved in ove~ 50 computer-assisted hydraulic analyses of
water and wastewater transmission systems including extended period simulations as well as
hydraulic transient analyses. Mr. Hartman has been involved in 4 wastewater treatment
investigations, 2 sludge pilot testing programs, I4 effluent disposal pilot programs and
investigations, several energy efficiency analyses, several odor control studies, and other
process evaluations for operations. Mr. Hartman has been involved in 4 value engineering
investigations, oriented toward obtaining the most cost-effective alternatives for regional and
private programs. He has been involved in numerous water blending, trihalomehtane,
synthetic organic contaminant removal, secondary precipitation, corrosion control, and alum
precipitation studies tluoughout the State of Florida. Mr. Harm~an has done process
evaluations for simple aeration facilities, surface water sedimentation facilities, water softening
facilities, as well as reverse osmosis facilities. He has been involved in water conservation
programs, as well as distribution system evaluation programs. He has been involved in both
sanitary sludge management and disposal studies (he coauthored the book entitled "Sludge
Management and Disposal for the Practicing Engineer") and has been involved in numerous
lime sludge thickening, management, and utilization/disposal investigations. Mt. Hartman has
been involved in wellfield management studies, wellfield protection ordinances, wellfield
siting, water resoume evaluations, and water resource planning for several entities throughout
the State of Florida in sand aquifer, sand and gravel aquifer and limestone aquifer systems.
Design - Mr. Hartman has been involved in the design of over $300 million worth of water
and wastewater facilities in the State of Florida. He has been involved in the design of 2
elevated storage tanks, 12 ground storage reservoi?s. 10 pumping ntafions, and numerous
smaller ware" treatment plants and pipeline systems, varying from 6-inches to 66-inches in
diameter, Mr. Hartman did the process work for the 100 MGD City of Tampa Hillsborough
River Water Treatment plant, the chemical feed and gravity lime sludge thickener for the 81
MOD City of St. Petersburg Cosine Water Treatment Plant, the plant preliminary design and
later expansion to the 51 MGD City of Lakeland Thomas B. Williams Water Treatment Plant,
the decision documention and project manager for the City of Dunedin 9.0 M~D reverse
osmosis/membrane softening plant, process and technical review of the 5.0 M(3D City of
Edgewater softening water treatment plant, Design Engineer for the City of FaJgewater 2.4
MOD split treatment softening water treatment plant, Venice Gardens Utilities 3.35 MGD
low-pressure reverse osmosis water treatment plant, North Beach 2.5 MGD low-pressure
reverse osmosis water treatment plant, Burnt Store 0.49 MGD low-pressure reverm osmosis
water treatment plant, and numerous fluoridation, defluofidation, iron removal, hydrogen
sulfide removal, water stabilization and conventional chlorination/storage water treatment
Gerald C. Hartman, P.E. (Continued)
plants. Mr. Hamnan has been involved in the design of over 200 potable drinking water wells
in the State of Florida. These wells have been for brackisll water, sm~d va~d gravel systems,
sand lenses, the Ocala formation, Avon Park formation, Hawthorne formation and the Lake
City formation of the Flofidan aquifer. Mr. Hartman has been involved in the design of odor
control systems for wastewater plants, sludge dewatering facilities, numerous wagtewater
ueatmenl plants, varying from extended aeration through advanced biological nutrient removal
pumping/lift stations for collection/transmission systems involved. Mr. Hartman has been the
engineer in charge of numerous wastewater reuse sysmms, over 10 golf course reuse systems,
numerous percolation pond system/rapid infiltration basin systems, spray irrigation systems,
wetlands application systems, surface disch,'uge systems, agricultural reuse systems, forest
irrigation systems, as well as power plant reuse systems.
Publications/Presentations - Mr. Hartman has given or published over 30 papers on water,
wastewater and solid waste utility systems. He has served in the American Water Works
Association, the American Society of Civil Engineers, and the Water Pollution Association.
He is a member of the Florida Water and Pollution Control Operators Association and he has
given several training sessions and seminars throughout the State. Mr. Hartman has
coauthored one book entitled Sludge Management an..~ff2iiI~sal for the Pr~qj~itlg Engineer
with Dr. P.A. Vesilind from Duke University and Ms. E.T. Skene, 1986, Lewis Publishing
Company. Mr. Hartman was a contributing author in the book Re.5ource Recovery_ Ullil
~, Prentice Hall, 1981. Finally Mr. Hartman has a second book under publication
entitled Uliht' y._Manag_emegt, andFinance, coauthor~ with George Raftelis of Ernest & Young
circulation, 1991, Lewis Publishing Company.
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Pollution Liability )
Coverage for Fuel Storage )
Tanks )
)
Approved For Submittal By:
City Manager
Asenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
Finance
~.-27-91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Florida League of Cities, Inc., Public Risk Services currently
does not offer coverage for pollution liability for petroleum storage
tanks. It appears they may not offer this liability coverage
until October, 1992, at which time EPA will mandate such coverage.
However, they have recomended a third party carrier. Agricultural Excess
and Surplus Insurance Company from Cincinnati, Ohio to bridge the gap for
coverage. The ballpark quote for eight storage tanks is $1500. to $2000.
per year for 1,000,000/2,000,000 aggregrate coverage.
Another company, Florida Petroleum Liability Insurance Program
Administrators, Inc. of Cocoa, Fl. has given a ballpark quote of $250. to
$500. per tank per year. This equates to $2000. to $4000. per year for
the same coverage as above.
The apparent cost is surprisingly low considering the potential
liability risk to the City. The reaon for this is that once you have this
liability coverage you become qualified to receive certain State monies
for pollution clean-up if it becomes necessary.
A review of the existing leases for the two FBO's with fuel tanks
indicates that the City could require the tennant to provide this coverage
at his expense and name the City as an additional insured on the policy.
RECOMMENDED ACTION
Recommend that City staff continue to research possible alternatives
pertaining to this issue and report back to City Council at a later date
when more detailed information is available.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: J & S Aviation
Approved For Submittal By:
City Manager
)
)
)
)
)
)
)
)
)
)
)
)
)
)
) -
DeDt. of Ori~ city Manager
Date Submitted:
For Agenda Of:
Exhibits:
02/,28/91
- Anderson Letter Dated, 02/05/91
With Proposed Lease Language
switchkow Letter Dated, 02/25/91
EXPENDITURE
REQUIRED~
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
J & S Aviation has requested an amendment to their lease of
certain property at the Sebastian Municipal Airport. The
proposed lease amendment would allow J & S Aviation to install
new fuel tanks meeting all current Federal and State
requirements. The proposal has been reviewed by the City
Attorney and the City Auditor. The proposed lease amendment
includes compensation at the fair market value of the new fuel
tank's remaining useful life at the end of the lease in the event
the lease is not renewed. J & S Aviation would like the same
type of amendment should they retrofit their tanks, rather than
replace them.
RECOMMENDED ACTION
Review the request of J & S Aviation for amendment to lease.
I~RESE, i~ALLACE, NASH & TORPY, :P.A.
ATTORNEYS AT LAW
GARY B. i~RESE~
JAMES H. FALLACE
(~HARLES IAN NASal
VI'NCENT G. TORPY. JR.
ELISE A. SINOER
RICHARD E.
GREGORY S. HANSEN
J. PATRICK ANDERSON
WILLIAM A. GRIMM
OF COIYNSEL
930 S. i-L~RBOR CITY BLVD.
SUITE 505
MELBOURNE, I~LORIDA 32901
(407) 984-3300
FAX (407) 951-3741
February 15, 1991
Robert S. McClary, City Manager
City of Sebastian
P. O. Box 780127
Sebastian, FL 32978
Re: J & S Aviation Lease Addendum
Dear Rob:
Enclosed please find an initial draft of the Lease
Addendum between the City and J & S Aviation that you asked us to
prepare. I suggest that the City wait until final cost figures are
available before attempting to work out a final draft.
matter.
Please call me if you have any questions regarding this
JPA/clg
Enclosure
ADDENDUM TO LEASE DATED MARCH 1, 1979
BY AND BETWEEN THE CITY OF SEBASTIAN ("L~.SSOR'')
AND J & S AVIATION, INC ("LESSEE") .
The parties hereto agree as follows:
I. Remgval and Replacement of Tanks: LesSee shall, as soon as
practicable following the execution of this Addendum, cause to be
removed, at Lessee's sole cost and expense, the underground fuel
storage tanks currently located on the leased premises; said tanks
being more particularly described as: two (2) two thousand (2,000)
gallon fuel storage tanks, and two (2) three thousand (3,000)
gallon fuel storage tanks. Lessee shall, at Lessee's sole cost and
expense, cause said tanks to be replaced by one (1) ten thousand
(10,000) gallon aboveground fuel storage tank.
II. Compliance wlth...Gp3ernmental Laws and Regulations: In
removing and replacing said fu~ s~orage ~anks, Lessee shall employ
the services of a contractor state certified and licensed to
perform environmental cleanup services. Lessee shall ensure that
said contractor performs all services related to the removal and
replacement of said tanks in accordance with all applicable laws,
rules and regulations imposed by federal, state and local
govermental authority. Lessee further agrees and warrants that the
replacement fuel storage tank to be installed shall meet all
applicable governmental specifications and shall be maintained and
managed by Lessee in accordance with all applicable laws, rules and
regulations currenty in effect and hereinafter imposed by federal,
state and local governing authority.
III. Indemnification: Lessee hereby agrees to indemnify, defend
and hold Lessor harmless from and against any and all expenses,
costs, damages, Judgments, liabilities and reasonable attorney's
fees incurred by Lessor resulting from any claims, causes of
action, demands, lawsuits, proceedings or actions of any party
arising from or in any way connected to the removal, replacement
and operation of said fuel storage tanks.
IV. Lessor's Obligation: Provided Lessee is not in default of any
term, condition or covenant contained herein or in the Lease
Agreement to which this Addendum applies, Lessor shall compensate
Lessee for the removal and replacement of said fuel storage tanks
as follows:
A. In the event Lessee exercises its option under the
Lease Agreement to renew the lease term for an additional twenty
(20) year period, for purposes of fixing the annual rent during
said renewal period, the fair rental value of the leased premises
shall be determined without regard to the current value of the
aforedescrlbed aboveground replacement fuel storage tank ("fuel
farm").
B. In the event Lessee fails or declines to exercise its
option to renew the lease term, Lessor shall, at the expiration of
the Lease Agreement, pay to Lensee a sum equal to the current value
of the fuel farm at such time.
C. For purposes of the Paragraph IV, the current value
of the fuel farm at the expiration of the original lease term, and
for any year during the renewal period, shall be determined by
dividing the total cost of the fuel farm by its useful life and
multiplying the resulting figure by the number of years, or
portion(s) thereof, remaing in the fuel farm's useful life. The
total cost of the fuel farm shall be equal to the gosts and
expenses incurred by Lessee in removing and replacing said fuel
storage tanks pursuant to Paragraph I above, including delivery and
installation costs. The useful life of the fuel farm shall be
twenty (20) years, commencing on the date installation of the fuel
farm is completed.
IN WITNESS WHEREOF, the parties have set their hands and
seals this __ day of January, 1991.
Attest:
Kathryn M. O~'Halloran,
CMC/AAE
City Clerk
(SEAL)
Approved as to form and
content:
CITY OF SEBASTIAN
By
W. E. Conyers, Mayor
~harl~s Ian Nash,
City Attorney
Attest:
Syble van Antwerp,
Secretary
J & S AVIATION , INC.
By
John Van Antwerp,
President
N BJERNING DUFFE¥ & ROSENFIELD
ACCOUNTANTS
February 25, 1991
SUNTREE OFFICE:
6767 NORTH WICKHAM ROAD
SUITE ~00
MELBOURNE, FLORIDA 32~40
(407) 25~0088
FAX (407) 25~8648
tITUSVILLE OFFICE:
754 COUNTRY ClUB DRIVE
TITUSVlll~ FLORIDA 32780
(407) 269-2955
FAX (407) 264-2109
Robert McClary
P.O. Box 780127
Sebastian, FL 32978
Dear Rob:
We have been asked for our views concerning the proposed addendum to the City's
lease with J&S Aviation based on John Van Antwerp's letter to you dated
November 19, 1990 in which he requested council action.
We note the following for your information:
Since John Van Antwerp is a paid City Official, we believe he must file
the State of Florida Ethics Commission form 8-B stating that he is an
owner of J&S Aviation. This form, when completed, should accompany the
agenda packet and be filed, after council action, with the minutes of the
meeting.
His request for compensation at the fair value of the new tank's remaining
useful life at the end of his lease {if not renewed) is reasonable and a
normal business practice. The draft addendum prepared by a staff member
of the City Attorney's office dated February 15, 1991 is adequate for
council action. We recommend a final addendum with exact amounts to avoid
confusion in some future period.
The City needs to consider it's legal liability and responsibility to
comply with environmental laws whether it approves this lease adde,dum or
~lot.
Please call if you have any questions.
Very truly yours,
DOBSON BJERNING DUFFEY & ROSENFIELD
Marilyn P. Swichkow, CPA
MPS/smw
MEMBERS OF:
PRIVATE COMPANIES PRACTICe SECTION
AICPA D)VISION Of f)rm$
ACCOUNTING FIRMS ASSOClATE~NATIONaL Group
AlllOTt PIErSON~INteRNATIONAL GROUP
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-533O [] FAX (4O7) 589-557O
SUBJECT,
ORDINANCE 0-91-O3, BUILDING
NUMBERING
Approved For Submittal By:
City Manager
)
)
)
..___-- )
)
)
)
)
)
q/.
Agenda No. ,
, 10pmen%
Dept. Origin Communl~ Deve
(BC
Date Submitted
For Agenda Of __312~/91
Exhibits:
Ordinance O-91-O3
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED,
APPROPRIATION
REQUIRED~
SUMMARY STATEMENT
At its regular meeting of September 12, 1990, the City Council directed
the City Attorney to draft an ordinance to require mandatory numbering of
all buildings and freestanding signs for identification by emergency
personnel.
RECOMMENDED ACTION
Move to approve the first reading of Ordinance 0-91-03 and set the public
hearing for April 24. 1991.
the building is located shall display their
building number on the top center of such sign
and, if the sign is illuminated the building
numbers shall also be illuminated.
(f) In addition to the criteria set forth in
paragraph (e) of this section, if the owner of a
parcel of a lot or tract of real property which has
only one street address has more than one building
located on that lot or tract or real property, then
each building shall have a unit number assigned to
it and the unit number shall be displayed in a
manner that allows it to be observed from the street
or improved road right-of-way upon which each such
building fronts and in close proximity to the main
entrance to each such building.
(g) If a building, which has a single street
address, has more than one residential unit,
commercial unit or industrial unit, each such unit
shall be assigned a separate number and each
separate unit shall display its own unit number on
or directly next to its main entrance for that unit.
Each unit number shall be not less than five (5)
inches in height. The requirements of this
paragraph are in addition to the requirements set
forth in paragraph (e) of this section.
(h) Any person who violates any of the provisions
of this section shall be punished as provided in
section 1-10 of the Code of Ordinances of the City
4
of Sebastian."
Section Z. COB-FLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. 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 Land
Development Code of the 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 4. SEVERABILITY. 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
said invalid and unconstitutional provision, thereby causing
said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
5
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 Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA'
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held
on this Ordinance at 7:00 p.m. on the day of ....... ,
1991, and that following said public hearing this Ordinance
was passed by the City Council.
Kath~yn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
6
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT=
FIRST READING OF ORDINANCE
O-91-10 (LAND USE AMENDMENT)
Approved For Submittal By=
City Manager
Agenda No.
Dept. Origin Community Development
(BCl ~
Date Submitted
For Agenda Of
Exhibits:
3/21/91
3127/91
Ordinance O-91-10
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of March 6, 1991, the City Council
directed the City Attorney to draft an ordinance to amend the
Comprehensive Land Use Plan Map from Indian River County MD-1 District to
City of Sebastian's designation of Institutional. This property is owned
by the Columbus Club of Sebastian, Inc. which, will be the future site for
the Knights of Columbus Club.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-91-10 and schedule first
public hearing for April 24, 1991 for transmittal to the Department of
Community Affairs.
ORDINANCE NO.: 0-91-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM INDIAN RIVER COUNTY MD-1 (MEDIUM
DENSITY) DISTRICT TO CITY OF SEBASTIAN iNS
(INSTITUTIONAL) DISTRICT FOR LAND SITUATED IN THE NORTH
CENTRAL AREA OF THE CITY, APPROXIMATELY 2.65 ACRES MORE
OR LESS, LOCATED ON GIBSON STREET; PROVIDING FOR A COPY
OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE
PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, COLUMBUS CLUB OF SEBASTIAN, INC., the owner of the
parcel of real property described herein has applied to the City
of Sebastian for an amendment to the current land use designation;
and
WHEREAS, on February 7, 1991, the Planning and Zoning
Commission conducted a public hearing on the requested amendment
to the Comprehensive Land Use Plan amendment and has submitted a
recommendation in favor of the proposed change of the Comprehensive
Land Use Plan to the City Council; and
WHEREAS, the City Council has provided notice of the proposed
change to the existing Comprehensive Land Use Plan and conducted
a public hearing to receive citizen input; and
WHEREAS, the City Council has considered the provisions of
the existing Comprehensive Land Use Plan together with the
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in the Comprehensive Land Use Plan is consistent with the
future development of the area where the subject property is
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1.
PROPERTY, That the land use change enacted
by the adoption of this Ordinance shall apply to the following
described real property:
Lot 17 in Section 30, all according to Berry's
Subdivision of the Carter Survey of the
Fleming Grant, Township 30 South, Range 38
East, Less and except the South 320 feet and
Less and except for private and public
roadways the Northwest 20 feet from said Lot
17, in Section 30; also the Northeast 20 feet
from said Lot 17 in Section 30. Said land
lying and being in Indian River County,
Florida.
Section 2.
DESIGNATION. That the Comprehensive Land Use
Plan Map shall be amended to reflect a designation of INS
(Institutional) for the real property that is the subject of this
Ordinance.
Section 3.
a certified copy
NOTIFICATION. That the City Clerk shall send
of this Comprehensive Land Use Plan Map
designation change to the Florida Department of Community Affairs.
Section 4. CONFLICT. Ail ordinances or parts of
ordinances 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 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
2
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance 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 0berbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Ka~hryn M. O'Halloran, CMC~AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that the first public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1991, that
a second public hearing was hel~--6-~ this Ordinance a--~-7:00 p.m. on
the day of , 1991, and that following the following
the sec---~nd public hea~'ing this Ordinance was passed by the City
Council.
Kathryn M. O'Hali0ran, CMC/AAE
City Clerk
Approved as to Form and Content:
'Charles Ian Nash, City Att6'~ney
City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 t:3 FAX (407) 589-5570
SUBJECT:
~IRST READING O~ ORDINANCE
0-91-11 {REZONING)
Approved For submittal By:
City Manager
Agenda No. --
DePt. Origin {BC~
3/21191. --
Date Submitted
3/27/91 --
For Agenda Of '
ordinance 0-91-11
Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
~ sTATEMENT
APPROPRIATION
REQUIRED,
At its regular workShOP meeting of March 6, 1991, the City council
authorized the City Attorney %o draft an ordinance to rezone approximately
2 1/2 acres located on Gibson street from Indian RiVer County designation
of Rose 4 to City zoning designation o~ Public Service (PS). The property
is owned by Columbus club of sebastian, Inc. which, will be the ~uture
home o[ the Knights of columbUS-
RECOMMENDER AcTIO~
Move to approve first reading and City Council will set public hearing
a~%er receiving comments from the Department of community A~airs
concerning the transmittal of the land use amendment for this propertY-
ORDINANCE NO.: 0- 91 ~ 11
AN ORDINANCE OF THE CITy OF SEBASTIAN, IND
COUNTY, FLORIDA, PERTAIN
PROPERTy I .__ ING TO ZON . __IAN RIVER
APPROX N TH~_ NORTH CE IN,G; ~ REZONING CER
IMATELy 2. . NTRAL AR TAIN
65 ACRES MORTM ~ -_ ~A OF THE
STREET, FROM INDIAN ~ u~ LESS, LOCATED ON
RIVER COUNTY ROSE 4 ZONING DISTRICT
To city OF SEB~T~AN PS ~PUB~.IC SERVICE~ ZONIN
PROVIDING FOR REP~ O~ ORDZNANcEs OR PAR~S O~%~LS~RICT~
IN CONFLICT HEREWITH; PROVIDING~ ua~±NANCES
PROVIDING FOR AN EFFECTIVE DATE. FOR SEVERABILiTY; AND
WHEREAS, COLUMBUS CLUB OF SEBASTIAN, INC., the owner of the
parcel of real property described herein, has applied to the City
nfdSebastian for an amendment to the current zoning classification;
WHEREAS, on February 7, 1991, the Planning and Zoning
Commission conducted a public hearing on the requested zoning
change and has submitted a recommendation in favor of the proposed
change of zoning to the City Council; and
WHEREAS, the City Council has provided notice of the proposed
zoning change and Conducted a public hearing to
input; and
receive citizen
WHEREAs, the City Council has considered
identified in Section 20A-11.6(C) of the Land Development Code
together With the recommended findings and recommendations of its
staff and the Planning and ZOning Commission; and
WHEREAS, the City Council has determined that the requested
change in Zoning is consistent With the Comprehensive Land Use
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RiVER COUNTy, FLORIDA, as follows:
the criteria
Section 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the following described real property:
Lot 17 in Section 30, all according to Berry's
Subdivision of the Carter Survey of the
Fleming Grant, Township 30 South, Range 38
East, Less and except the South 320 feet and
Less and except for private and public
roadways the Northwest 20 feet from said Lot
17, in Section 30; also the Northeast 20 feet
from said Lot 17 in Section 30. Said land
lying and being in indian River County,
Florida.
Section 2. DISTRICT. That the real property described
in this Ordinance is hereby rezoned from Indian River County zoning
district Rose 4 to City zoning district PS (Public Service). The
official City Zoning Map shall be amended to reflect this change
in zoning district.
Section 3. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABiLITY, 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 said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
2
The foregoing Ordinance was moved for adoption by
Councilman . The motion was seconded
by Councilman
vote, the vote was as follows:
and, upon being put to a
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 Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kat'hryn M. O'Ha~"loran, CMC/~E
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 , 1991_ and
that following said public hearin~his Ordinance was passed~ the
City Council.
Kath~yn M. 0'Hal~ran, ~MC/A~E
City Clerk
Approved as to Form and Content:
~harles Ian Nash, City Attorney
3
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT,
FIRST READING FOR ORDINANCE
O-91-12
Approved For Submittal By:
City Manager ~
) Agenda No.
)
) Dept. Origin Community Development ~
) Date Submitted 3120/91
)
) For Agenda Of 3/27/91
)
) Exhibits,
) Ordinance 0-91-12
)
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED,
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of October 3, 1990, the City Council
directed the City Attorney to draft an ordinance to rezone certain
properties along U.S. #1 from Commercial Limited (CL) to Commercial
General (CG). Due to the vast amount of property owners affected by this
rezoning, staff has compiled a list of all properties being rezoned by tax
parcel identification number. For the benefit of the new council members,
attached is a map indicating the areas involved in the rezoning. The land
use designation from Commercial Limited to Commercial General has already
been amended through the adoption of the existing Comprehensive Plan
effective March 1990.
RECOMMENDE.D ACTION
Move to approve first reading of Ordinance 0-91-12 and set the public
hearing date for May 8. 1991.
ORDINANCE NO.: 0-91-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN
PROPERTY IN THE NORTHEAST AREA OF THE CiTY, APPROXIMATELY
60 PARCELS OF LAND MORE OR LESS LOCATED ALONG THE WEST
SIDE OF U.S. HIGHWAY #1 AND ON BOTH SIDES OF U.S. HIGHWAY
#1 AT THE NORTH CITY LIMIT LINES, FROM CL (COMMERCIAL
LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL)
ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and zoning Commission and the city staff
previously recommended to the City Council of the City of
Sebastian, Indian River County, Florida, the rezoning of certain
commercial parcels of land in specific areas along U.S. Highway #1,
as more specifically described elsewhere in this Ordinance; and,
WHEREAS, on August 2, 1990, the Planning and Zoning Commission
conducted a public hearing on the requested zoning change and has
submitted to the City Council a recommendation in favor of the
proposed change of zoning relative to sixty (60) parcels of land
located along U.S. Highway #1 as listed in Exhibit "A" attached
hereto and incorporated herein by this reference; and
WHEREAS, the City Council has, in accordance with Florida
Statutes Section 166.041, directed the City Clerk to notify by mail
each real property owner whose land is the subject of this
Ordinance or whose land will be affected by this Ordinance; and
WHEREAS, the City Council has conducted a public hearing to
receive citizen input and has considered the criteria identified
in Section 20A-11.6(C) of the Land Development Code together with
the recommended findings and recommendations of its staff and the
Planning and zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the sixty (60) parcels of land listed in Exhibit "A"
attached hereto and incorporated herein by this reference.
Section 2. DISTRICT. That the real property described
in this Ordinance is hereby rezoned from City zoning district CL
(Commercial Limited) to City zoning district CG (Commercial
General). The official City Zoning Map shall be amended to reflect
this change in zoning district.
Section 3. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. 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 said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance 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 0berbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of
ATTEST:
, 1991.
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
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 , 1991, and
that following said public hearing~his Ordinance was passed by the
City Council.
Ka~hryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
EXHIBIT "A"
PARCEL NUMBERS
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20,
21.
22.
23.
21 30 38
21 30 38
21 30 38
30 30 38
30 30 38
30 30 38
30'30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
21 30 38
21 30 38
06 31 39
06 31 39
06 31 39
06 31 39
(SUE)
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00024
00002
00002
(BLK)
0000
0000
0000
0070
0080
0080
0090
0090
0090
0090
0090
0090
0040
0060
0060
0060
0060
9999
9999
0030
0000
0000
0000
(LOT)
00019 0
00021 0
00025 2
00000 1
00001 0
00000 3
00001 ·
00002 0
00003 0
00004 0
00012 0
00013 0
00007.0
00001,0
00009.0
00000.2
00000~1
00037 0
00038 0
00003 0
00000 ·
00010 0
00007 0
PAGE 2
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
(suB)
00002
00002
00000
00000
00004
00004
00004
00004
00000
00022
00003
00000
00000
00006
00006
00006
00006
00006
00000
00003
00003
00003
00003
(BLK)
0000
0000
0010
0010
0000
0000
0000
0000
0010
0000
0001
0040
0040
0000
0000
0000
0000
0000
0050
0020
0010
0010
0010
(LOT)
00005.0
00002.0
00001.0
00003.0
00004 0
00009 0
00000 ·
00001 0
00005 0
00007 0
00001 ·
00002 ·
00002 1
00004 0
00005.0
00018.0
00001.0
00012.0
00009.0
00008.0
PAGE 3
47.
48.
49.
50.
51.
52.
53.
54.
SS.
56.
57.
58.
59.
60.
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
(SUB)
00003
00003
00003
00012
00012
00012
00012
00012
00012
00012
00000
00000
00000
00000
(BLK)
0010
0010
0010
0000
0000
0000
0000
0000
0000
0000
0050
0050
0050
0050
(LOT)
00007.1
00005.0
00001.0
00002.0
00005.0
00008.0
00010.0
00011 0
00014 0
00023 0
00022 0
00016 0
00012 0
C0~
CITT
CL ~
M
8
CG
C011
RM-8