HomeMy WebLinkAbout03281990The following is a list of actions taken at the March 28, 1990
Regular Meeting.
89.032 - Ordinance No. 0-89-19 - Comprehensive Land Use
Plan - PH Continued from March 14, 1990 - adopted - sign,
seal, copy to black book, original file, (talk to Bruce) DCA,
IRC Planning, P & Z, Community Development, City Attorney -
blue back original - file original w/ others - file backup
and comp plan in comp plan file - update o-90 in computer
89.156 - Ordinance No. O-90-01 - Contractor Licensing -
adopted - page 19 with list of Councilmembers needs to be
retyped and printed - sign, seal, copy to black book,
original file, Community Development, Construction Board,
City Attorney - blue back original - file with other
originals - file backup - 90 ordinance and resolution backup
- update o-90 in computer
Minutes - 3/7/90 Special Meeting/Workshop, 3/14/90 Regular
Meeting, 3/19/90 Special Meeting, 3/21/90 Special Meeting -
all approved - (3/19/90 pg 2 - amend roll - McCarthy absent)
- sign seal - place in book
90.080 - Resolution No. R-90-14 - Abandonment of Easement -
adopted - sign seal, copy to black book, original file, City
Attorney - have recorded - see procedures manual
90.081 - Bid Award - Golf Course - Twenty Two Tons Fertilizer
- Kaiser/Estech of Ft. Pierce - $4694.80 - deferred to future
agenda for information as to why not lowest bid - copy
minutes to Finance and GC - (Larry signed out file)
90.082 - Bid Award - Police Department - Glock Firearms
and Leather - Firearms - Eastern Guns of South Miami - $6360
- Leather - Oaks Wholesale Distributors of Rockledge -
$1360.16 - awarded - copy minutes to Finance, P.D. and file -
letters to all bidders - file purchases
90.083 - Bid Award - Parks Department - R~ding Tractor -
Goodknight ~awn Equipment of Veto Beach - $2711 - deferred to
future agenda for information on tractor purchased previously
and justification of this purchase - no time certain - (Larry
signed out file)
.90.084 - Request for Use of Riverview Park - March of
Dimes - Fish Fry - 4/14/90 - approved - letter to them - copy
minutes to Public Works - info to Eunice to put on Riverview
Park calendar
90.085 - P & Z - Reappointment of Robert Fullerton - 4/90 to
4/93 - approved - letter to him - copy minutes to P & Z -
update comm.lis and handbook in computer
1
10. 88.063 - Resolution No. R-90-15 - Italian/American Club
Lease - adopted - City Attorney to amend actual lease (2
originals) - when amended - sign seal resolution and leases -
copy to Italian American Club, black book, original file,
City Attorney, Finance - blue back original & file with other
originals - file backup in contracts file (lease agreements)
- make notation in 90 ordinance & resolution backup file as
to location of backup - update r-90 in computer
11. 90.086 - Approval of Preliminary Subdivision Plat - River
Oaks and Creek Island - approved per staff recommendation -
letter to Fischer - copy minutes to P & Z & file - file backup
-PUD's
12. 90.087 - Approval of Preliminary Subdivision Plat - Fischer
Island - approved per staff recommendation - (talk to Robb
about approval - Bruce talked to me about it Thursday morning
- motion was "approve preliminary plat" - Bruce assumes as I
do that they are approving staff recommendation - except that
it is clear'from council discussion that they are waiving the
donation of park land - which was not part of the staff
recommendation - Wm. Mahoney of P & Z came in Friday to
question the same matter) - letter to Fischer - copy minutes
to P & Z and file - file backup PUD's
13. 90.088 - Appointment of City Councilman as Member to Indian
River County Transportation Planning Committee - Rondeau
appointed - Oberbeck appointed alternate - letter to IRC -
minutes to Rondeau and Oberbeck - Libbie getting dates
14. 90.089 - Airport Drive East Improvements - approved - copy
minutes to PW, Finance & file - file airport file
15. 90.090 - Approve Staffing Plan to Implement Ordinance No. 0-
90-01 - approved - copy minutes to DCD, Finance, Assr City
Manager & file - file 90 personnel -i DCD to submit evaluation
in six months
16. Powell appointed to IRC Fire Ad Hoc Committee - letter to
County - minutes to Powell - Libbie getting dates ~
17. Oberbeck requested discussion of airport moratorium - 4/4/90
agenda
18. City Manager to place possible amendment to section 3.5-5 re:
airport director - 4/4/90
MARCH 28, 1990 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.
?. PUBLIC HEARING, FINAL ACTION
89.032
ORDINANCE NO. O-89-19 - ComDrehensive Land Use
Plan - PH Continued from March 14, 1990
1. O-89-19
2. Comprehensive Land Use Plan (Council Only -
Under Separate Cover)
89.156
ORDINANCE NO. O-90-01 - Contractor Licensing
1. 0-90-01
9. CONSENT AGENDA
Approval of Minutes
1. 3/7/90 Special Meeting/Workshop
2. 3/14/90 Regular Meeting
3. 3/19/90 Special Meeting
4. 3/21/90 Special Meeting
(Council & Manager Only)
90.080
RESOLUTION NO. R-90-14 - Abandonment of Easement
1. R-90-14
2. Application
3. Map
4. Memo from Director of Community Development
dated 3/13/90
5. Memo from Interim City Engineer dated 3/15/90
6. Letter from MGB dated 3/9/90
(Not in press packets)
90.081
Bid Award - Golf Course - Twenty Two Tons
Fertilizer - Kaiser/Estech of Ft. Pierce -
S4694.80
1. Staff Recommendation dated 3/20/90
2. Bid Tabulation Form
90.082
Bid Award - Police Department - Glock Firearms
and Leather - Firearms - Eastern Guns of South
Miami - $6360 - Leather - Oaks Wholesale
Distributors o__f Rockledge - S1360.16
1. Staff Recommendation dated 3/16/90
2. Bid Tabulation Form
90.083
90.084
90.085
88.063
90.086
9O.O87
90.088
11.
12.
Em
Bid Award - Parks Department - Riding Tractor -
Goodknight Lawn Equipment of Veto Beach - $2711
1. Staff Recommendation dated 3/16/90
2. Bid Tabulation Form
Request for Use of Riverview Park - March of
Dimes - Fish Fry - 4/14/90
1. City Manager Recommendation dated 3/22/90
2. Letter from D. Judah dated 3/20/90
COMMITTEE REPORTS/RECOMMENDATiONS
A. PLANNING AND ZONING COMMISSION
Reappointment of Robert Fullerton - 4/90 to
4/93
1. Staff Recommendation dated 3/15/90
2. Memo from P & Z dated 3/12/90
3. Memo from Fullerton dated 2/28/90
OLD BUSINESS
A.
RESOLUTION NO. R-90-15 - Italian/American Club
Lease
1. Staff Recommendation dated 3/21/90
2. Memo from Director of Community Development
dated 2/20/90
3. R~90-15
4. Lease w/ legal description
13. NEW BUSINESS
~ of Preliminary Subdivision Plat - River
Oaks and Creek Island
1. Staff Recommendation dated 3/19/90
2. Memo from Director of Community
Development dated 3/14/90
3. 2 Memos from P & Z dated 3/7/90
(Preliminary Plats under separate cover)
Approval of Preliminary Subdivision Plat -
Fischer Island
1. Staff Recommendation dated 3/19/90
2. Memo from Director of Community Development
dated 3/19/90
3. Memo from P & Z dated 3/7/90
14. MAYOR'S MATTERS
Appointment of City Councilman as Member to
Indian River County Transportation Planning
Committee (No Backup)
90.089
90.090
17. CITY MANAGER MATTERS
Airport Drive East ~mprovements
1. City Manager Recommendation dated 3/22/90
2. Memo from Interim City Engineer dated 3/22/90
Approve Staffin~ Plan t__qo I_~plement Ordinance No.
O-90-01
1. Staff Recommendation dated 3/22/90
2. Director of Community Development dated
3/22/90 w/ backup
3. 2/7/90 City Council Minutes - page 4
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M I N U T E S
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 28, 1990 - 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.
Mayor Conyers called the meeting to order at 7:03
p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Bruce Havens, United
Church of Sebastian.
4. ROLL CALL
Present:
Also Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
City Manager, Robert McClary
Assistant City Manager, JoAnne
Townsend
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Carol Carswell
Chief of Police, Charles Reynolds
City Planner, Peter Jones
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
March 28, 1990
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Mayor Conyers requested addition of discussion of
appointment of a Council member to a County ad hoc
committee under Mayor's matters.
MOTION by Oberbeck/McCollum
I move we bring it up under Mayor's matters.
VOICE VOTE on the motion carried 5-0.
9O.079
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Pelican Island Garden Club
Mayor Conyers read and presented the proclamation to
Mildred Bailey.
7. PUBLIC HEARING, FINAL ACTION
89.032
ORDINANCE.NO. 0-89-19 - Comprehensive Land Use
Plan - PH~Continued from March 14, 1990
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
COMPREHENSIVE PLAN; AMENDING ARTICLE III OF CHAPTER
20 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 20-51 OF THE CODE OF
ORDINANCES PERTAINING TO THE COMPREHENSIVE PLAN;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/9/89,
1st PH 8/23/89, Transmitted to DCA, 2nd PM Advertised
1/4 Page 2/7/90, 2nd PH 2/14/90, 2nd PH continued to
3/14/90, Advertised 1/4 Page 3/7/90, PH continued to
_3/28/90, Advertised 1/4 Page 3/21/90)
The City Attorney read Ordinance No. O-89-19 by title
only.
Mayor Conyers opened the public hearing at 7:09 p.m.
The Director of Community Development and City
Planner explained minor changes to the plan and
recommended approval of the ordinance.
Mayor Conyers closed the public hearing at 7:14 p.m.
2
Regular City Council Meeting
March 28, 1990
Page Three
MOTION by Rondeau/Powell
I move we pass the ordinance.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
Mrs. Ruth Sullivan requested permission to speak,
however, Mayor Conyers said the public hearing was
closed. The Director of Community Development said
he would be glad to speak to Mrs. Sullivan at any
time.
89.156
B. ORDINANCE NO. O-90-01 - Contractor Licensing
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY,-FLORIDA, AMENDING SECTION 2-93
PERTAINING TO-THE JURISDICTION OF THE SEBASTIAN CODE
ENFORCEMENT BOARD; AMENDING ARTICLE VII OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS; AMENDING SECTION 7-91 TO PROVIDE FOR
ADDITIONAL DEFINITIONS; AMENDING SECTION 7-92 TO
PROVIDE FOR INVESTIGATORS TO ASSIST IN THE
ENFORCEMENT OF ARTICLE VIi; AMENDING SECTION 7-92.2
PERTAINING TO THE POWER OF THE SEBASTIAN CONSTRUCTION
BOARD TO REVIEW VIOLATIONS OF ARTICLE VII; AMENDING
SECTION 7-98 PERTAINING TO PUBLIC ACCESS TO RECORDS;
AMENDING SECTION 7-99 PERTAINING TO CERTAIN
PROHIBITED ACTIVITIES; AMENDING SECTION 7-100
PERTAINING TO REVOCATION OR SUSPENSION OF
CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101
PERTAINING TO THE APPLICATION OF ARTICLE VII TO OTHER
MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102
· .PERTAINING TO EXEMPTIONS FROM ARTICLE VII; AMENDING
SECTION 7-103 PERTAINING TO REFERENCES TO THE
BUILDING OFFICIAL; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR THE REQUIRING OF PAYMENT AND
PERFORMANCE BONDS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS;
PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst Reading
2/14/90, Advertised 3/14/90, PH 3/28/90)
The City Attorney read Ordinance No. O-90-01 by title
only.
Regular City Council Meeting
March 28, 1990
Page Four
Mayor Conyers opened the public hearing at 7:19 p.m.
Dennis Dernbach, 170 Kildare Drive, Sebastian,
concerned citizen on the Construction Board,
suggested, on behalf of the board, deletion of
existing language in Section 2, "Specialty
Contractors" to allow the Construction Board to
classify specialty contractors.
Mayor Conyers closed the public hearing at 7:25 p.m.
The Director of Community Development recommended
approval of the ordinance, although he'concurred with
the Construction Board in regard to specialty
contractors. The City Attorney said this function
was a legislative one.
MOTION by McCollum/Rondeau
I move we adopt Ordinance No. O-90-01.
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
8. PUBLIC INPUT
A. Non-Agenda Items
None received.
B. Agenda Items
Ruth Sullivan, Sebastian, recommended that Council
have a record of complaints regarding unlicensed
contractors before hiring any new personnel.
Dr. Harry Beller, Sebastian, questioned when Eliot
Cutler's bill may be discussed. He was instructed to
sign up for a future agenda item if he wanted to
discuss it on an agenda.
9. CONSENT AGENDA
Approval of Minutes - 3/7/90 Special Meeting/
Workshop, 3/14/90 Regular Meeting, 3/19/90
Special Meeting, 3/21/90 Special Meeting
Regular City Council Meeting
March 28, 1990
Page Four
Mayor Conyers opened the public hearing at 7:19 p.m.
Dennis Dernbach, 170 Kildare Drive, Sebastian,
concerned citizen on the Construction Board,
suggested, on behalf of the board, deletion of
existing language in Section 2, "Specialty
Contractors" to allow the Construction Board to
classify specialty contractors.
Mayor Conyers closed the public hearing at 7:25 p.m.
The Director of Community Development recommended
approval of the ordinance, although he'concurred with
the Construction Board in regard to specialty
contractors. The City Attorney said this function
was a legislative one.
MOTION by McCollum/Rondeau
I move we adopt Ordinance No. O-90-01.
ROLL CALL:
· Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
8. PUBLIC iNPUT
A. Non-Agenda Items
None received.
B. Agenda Items
Ruth Sullivan, Sebastian, recommended that Council
have a record of complaints regarding unlicensed
contractors before hiring any new personnel.
Dr. Harry Beller, Sebastian, questioned when Eliot
Curler's bill may be discussed. He was instructed to
sign up for a future agenda item if he wanted to
discuss it on an agenda.
9. CONSENT AGENDA
Approval of Minutes - 3/7/90 Special Meeting/
Workshop, 3/14/90 Regular Meeting, 3/19/90
Special Meeting, 3/21/90 Special Meeting
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 28___a, 1990 - 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.
Mayor Conyers called the meeting to order at 7:03
p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Bruce Havens, United
Church of Sebastian.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
Also Present:
City Manager, Robert McClary
Assistant City Manager, JoAnne
Townsend
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Carol Carswell
Chief of Police, Charles Reynolds
City Planner, Peter Jones
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
1
Regular City Council Meeting
March 28, 1990
Page Five
90.080
90.081
90.082
90.083
90.084
B. RESOLUTION NO. R-90-14 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SIX FEET OF LOT 12 AND THE EAST SIX FEET OF
LOT 13, BLOCK 212, UNIT 8, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
6/11, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
Bid Award - Golf Course - Twenty Two Tons
Fertilizer - Kaiser/Estech of Ft. Pierce -
$4694.80 (Staff Recommendation dated 3/20/90, Bid
Tabulation Form)
Bid Award-, Police Department - Glock Firearms
and Leather - Firearms - Eastern Guns of South
Miami - $6360 - Leather - Oaks Wholesale
Distributors of Rockledge - $1360.16 (Staff
Recommendation dated 3/16/90, Bid Tabulation
Form)
Bid Award - Parks Department - Riding Tractor -
Goodknight Lawn Equipment of Vero Beach - $2711
(Staff Recommendation dated 3/16/90, Bid
Tabulation Form)
Request for Use of Riverview Park'- March of
Dimes - Fish Fry - 4/14/90 (City Manager
Recommendation dated 3/22/90, Letter from D.
Judah dated 3/20/90)
. Mayor Conyers read the consent agenda in its
entirety.
MOTION by Oberbeck
I move we approve consent agenda items A through
F.
MOTION was withdrawn.
Councilman McCollum withdrew item C for discussion;
Councilman Powell withdrew item E for discussion; and
Mayor Conyers withdrew item B for discussion.
Regular City Council Meeting
March 28, 1990
Page Six
MOTION by Oberbeck/Powell
I move we approve consent agenda items A, B and F
on the consent agenda.
ROLL CALL:
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
Item C
Councilman McCollum questioned why the recommended
vendor's bid was higher than others. The City
Manager said he had no response and the Golf Course
Manager was not present.
MOTION by McCollum/Powell
I move we~pull item C for a future agenda.
VOICE VOTE on the motion carried 5-0.
Item D
In response to question by the Mayor, Chief Reynolds
explained what Glock firearms are.
MOTION by Rondeau/Oberbeck
I move we accept the bid on Glock Firearms.
ROLL CALL:
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
MOTION CARRIED 5-0.
Item E
Councilman Powell questioned the reasoning for a new
tractor.
(Vice Mayor Oberbeck was excused from 7:55 p.m. to
7:57 p.m.)
6
Regular City Council Meeting
March 28, 1990
Page Seven
90.085
88.063
MOTION by Powell/McCollum
I move we pull this off until further notice and
more information.
VOICE VOTE on the motion carried 5-0.
10. PRESENTATIONS
11.
12.
None.
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
ReaDpointment of Robert Fullerton - 4/90 to
4/93 (Staff Recommendation dated 3/15/90,
Memo from P & Z dated 3/12/90, Memo from
Fullerton dated 2/28/90)
MOTION by Rondeau/Oberbeck
I move we .reappoint him for three years.
ROLL CALL:
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
MOTION CARRIED 5-0.
OLD BUSINESS
RESOLUTION NO. R-90-15 - Italian/American Club
Lease (Staff Recommendation dated 3/21/90, Memo
from Director of Community Development dated
2/20/90, Resolution and Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY,
A LEASE AGREEMENT WITH THE ITALIAN AMERICAN CLUB
OF SEBASTIAN, INC. FOR THE LEASE OF CERTAIN REAL
PROPERTY OWNED BY THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, LOCATED AT THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
7
Regular City Council Meeting
March 28, 1990
Page Eight
The City Attorney read Resolution No. R-90-15 by
title only.
The City Manager gave a brief history of the
Italian/American Club's quest for a lease site and a
lengthy discussion ensued on the moratorium on leases
at the airport, which was enacted by a previous
council, and its relationship to this request.
(Councilman Rondeau was excused from 8:11 p.m. to
8:13 p.m.)
The City Attorney said the use of the Word moratorium
in this case was meaningless since a public entity
need not tell itself that it cannot build on its own
land.
Mayor Conyers and several Council members expressed
concern for others who have been denied leases due to
the moratorium.
Steve Lulich, Attorney for Italian/American Club,
gave a brief history of the club's attempt to
cooperate with the city to obtain a lease.
Vice. Mayor Oberbeck suggested lifting the moratorium
by motion.
Attorney Lulich pointed out a typo on page one and
correction in section thirty.
Charles Pullara, Italian/American Club President,
said the club's situation was unique since the club
is non-profit, has a current lease for another city
property and is simply looking for a location in
which it will not disturb citizens in a residential
~area.
It was noted by the City Manager that the resolution
adopting the lease is contingent upon approval by the
FAA.
At the request of Mayor Conyers, the City Attorney
gave to the Council his opinion on leasing this
property to the Italian/American Club.
MOTION by Oberbeck/Powell
I move we approve Resolution No. R-90-15 for
submittal to the FAA with correction to page one and
clarification of paragraph thirty.
8
Regular City Council Meeting
March 28, 1990
Page Nine
90.086
90.087
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
13.
Mayor Conyers called recess at 8:55 p.m. and
reconvened the meeting at 9:10 p.m.
NEW BUSINESS
Approval of Preliminary Subdivision Plat - River
Oaks and Creek Island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Development dated 3/14/90, 2 Memos from P & Z
dated 3/7/90, Plats)
The Director of Community Development presented an
outline showing the subject properties within San
Sebastian Springs. His recommendation was to approve
the plats for River Oaks and Creek Island subject to
the final plat complying with Section 20A-17.1(H) and
20A-17.1(0) of the Land Development Code. He said as
far as he was concerned all conditions have been met.
Discussion took place on requirement of dedication of
park lands.
MOTION by Powell/McCollum
I move we approve the preliminary.'plat.
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
~ of Preliminary Subdivision Plat -
Fischer Island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Dg~,opment dated 3/19/90, Memo from P & Z dated
3/7/90)
The Director of Community Development presented an
outline of the subject area and recommended approval
of preliminary plat subject to conditions imposed by
Regular City Council Meeting
March 28, 1990
Page Ten
9O.O88
Planning and Zoning as outlined in their memo dated
March 7, 1990.
Randy Mosby, Mosby and Associates, representing the
developer of the sub3ect property, pointed out eleven
acres which will remain undeveloped and discussed
provisions which have been made to preserve the
eagle's nest.
Henry Fischer, Fischer & Sons, developer of San
Sebastian Springs addressed Council.
Discussion followed on requirement of dedication of
park lands. Although no definite action was taken on
waiver of the dedication of park lands, it was clear
from Council discussion that Council concurred that
it would waive this requirement.
MOTION by Oberbeck/McCollum
I move we, approve the preliminary plat.
ROLL CALL: Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
14. MAYOR'S MATTERS
Mayor-~ requested a volunteer from Council to
be a member of the Indian River County Fire Ad Hoc
Committee.
Councilman Powell volunteered for the position.
MOTION by Oberbeck/McCollum
I move we appoint Councilman Powell.
VOICE VOTE on the motion carried 5-0.
Appointment of City Councilman as Member to
Indian River County Transportation Planning
Committee (No Backup)
Mayor Conyers appointed Councilman Rondeau as voting
member and Vice Mayor Oberbeck as alternate voting
member.
10
Regular City Council Meeting
March 28, 1990
Page Eleven
15.
MOTION by McCollum/Powell
I move we appoint Councilman Rondeau as voting
member and Vice Mayor Oberbeck as alternate voting
member.
VOICE VOTE on the motion carried 5-0.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
Mayor Conyers, Vice Mayor Oberbeck, and'Councilman
Powell requested copies of all future city board
minutes.
Vice Mayor oberbeck questioned the progress of
request for matching funds from the county for Barber
Street Sports Complex field lights. The City Manager
said he would appear before the County Recreation
Advisory Board .on April 4, 1990.
MOTION by Oberbeck
I move we remove any or all moratoriums at the
airport if they exist.
MOTION died for lack of a second.
MOTION by Oberbeck/McCollum
I move we add to the agenda under Vice Mayor's
matters the issue of the moratorium.
ROLL CALL:
Councilman Powell - nay
No further roll call was taken since unanimous vote
is required to add an item to the agenda.
_Vice Mayor Oberbeck requested that this item be added
to the April 4, 1990 workshop agenda.
B. Councilman McCollum
Councilman McCollum reported on the Economic
Development Council meeting of March 27, 1990;
announced the Crime Watch Program the 3rd Tuesday of
each month; and requested permission to proceed with
a program to fix up Hardee Park. The City Manager
advised him that a portion of the park belongs to GDC
and recommended that he solicit involvement of the
Parks and Recreation and Handicapped-Self Evaluation
Committees.
11
Regular City Council Meeting
March 28, 1990
Page Twelve
90.089
90.090
16.
17.
C. Councilman Powell
Councilman Powell questioned progress on removal of
an alligator from Collier Creek and cost estimate for
the Chessers Gap road. The City Manager said he had
requested the Interim City Engineer to follow through
on a cost estimate.
D. Councilman Rondeau
None.
CITY ATTORNEY MATTERS
None.
CITY MANAGER MATTERS
Air, port Drive East Improvements (Cit~ Manager
Recommendation dated 3/22/90, Memo from Interim
City Eng.imeer dated 3/22/90)
The City Manager said costs will not exceed $10,000
and that there were no conflicts with the FAA
agreement or scope of services.
MOTION by Oberbeck/Powell
i move we approve the paving of Airport Drive
East.
ROLL CALL:
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
~MOTION CARRIED 5-0.
ApDrove Staffing Plan to Implement Ordinance No.
0-90-01 (Staff Recommendation dated 3/22/90, ~
Director of Community Development dated 3/22/9.0
2/7/90 City Council Minutes)
Mayor Conyers recommended a progress evaluation six
months subsequent to hire of additional personnel.
Vice Mayor Oberbeck recommended the evaluation after
three months.
12
Regular City Council Meeting
March 28, 1990
Page Thirteen
18.
MOTION by Powell/Rondeau
I move we approve two part-time inspectors and a
full-time clerical assistant.
ROLL CALL:
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
MOTION CARRIED 5-0.
The City Manager said he would place possible
amendment to Section 3.5-5 of the Code of Ordinances
which refers to the Airport Director on the April
4, 1990 workshop agenda.
Being no further business to come before the City
Council, Mayor Conyers adjourned the meeting at 10:20
p.m.
Approved at the
· 1990
Council Meeting.
W.E. Conyers, Mayor
Kathryn M. O'Halloran, City Clerk
13
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 28, 1990 - 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 Bruce Havens, United Church of
Sebastian
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
90.079
A. Proclamation - Pelican Island Garden Club
89.032
PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. 0-89-19 - Comprehensive Land Use
Plan - PH Continued from March 14, 1990
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
COMPREHENSIVE PLAN; AMENDING ARTICLE III OF CHAPTER
20 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 20-51 OF THE CODE OF
ORDINANCES PERTAINING TO THE COMPREHENSIVE PLAN;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR
1
89.156
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/9/89,
1st PH 8/23/89, Transmitted to DCA, 2nd PH Advertised
1/4 Page 2/7/90, 2nd PH 2/14/90, 2nd PH continued to
3/14/90, Advertised 1/4 Page 3/7/90, PH continued to
3/28/90, Advertised 1/4 Page 3/21/90)
B. ORDINANCE NO. 0-90-01 - Contractor Licensing
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 2-93
PERTAINING TO THE JURISDICTION OF THE SEBASTIAN CODE
ENFORCEMENT BOARD; AMENDING ARTICLE VII OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS; AMENDING SECTION 7-91 TO PROVIDE FOR
ADDITIONAL DEFINITIONS; AMENDING SECTION 7-92 TO
PROVIDE FOR INVESTIGATORS TO ASSIST IN THE
ENFORCEMENT OF ARTICLE VII; AMENDING SECTION 7-92.2
PERTAINING TO THE POWER OF THE SEBASTIAN CONSTRUCTION
BOARD TO REVIEW VIOLATIONS OF ARTICLE VII; AMENDING
SECTION 7-98 PERTAINING TO PUBLIC ACCESS TO RECORDS;
AMENDING SECTION 7-99 PERTAINING TO CERTAIN
PROHIBITED ACTIVITIES; AMENDING SECTION 7-100
PERTAINING TO REVOCATION OR SUSPENSION OF
CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101
PERTAINING TO THE APPLICATION OF ARTICLE VII TO OTHER
MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102
PERTAINING TO EXEMPTIONS FROM ARTICLE VII; AMENDING
SECTION 7-103 PERTAINING TO REFERENCES TO THE
BUILDING OFFICIAL; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR THE REQUIRING OF PAYMENT AND
PERFORMANCE BONDS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS;
PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst Reading
2/14/90, Advertised 3/14/90, PH 3/28/90)
8. PUBLIC iNPUT
A. ~enda Items
B. A__qenda Items
CONSENT AGENDA
ae
Approval of Minutes - 3/7/90 Special Meeting/
Workshop, 3/14/90 Regular Meeting, 3/19/90
Special Meeting, 3/21/90 Special Meeting
90.080 B. RESOLUTION NO. R-90-14 - Abandonment of Easement
90.081
90.082
90.083
90.084
90.085
10.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SIX FEET OF LOT 12 AND THE EAST SIX FEET OF
LOT 13, BLOCK 212, UNIT 8, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
6/11, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
Bid Award - Golf Course - Twenty Two Tons
Fertilizer - Kaiser/Estech of Ft. Pierce -
$4694.80 (Staff Recommendation dated 3/20/90, Bid
Tabulation Form)
Bid Award - Police Department - Glock Firearms
and Leather - Firearms - Eastern Guns of South
Miami - $6360 - Leather - Oaks Wholesale
Distributors. of Rockledge - $1360.16 (Staff
Recommendation dated 3/16/90, Bid Tabulation
Form)
Bid Award - Parks Department - Riding Tractor -
Goodknight Lawn Equipment of Veto Beach - $2711
(Staff Recommendation dated 3/16/90, Bid
Tabulation Form)
Request for Use of Riverview Park - March of
Dimes - Fish Fry - 4/14/90 (City Manager
Recommendation dated 3/22/90, Letter from D.
Judah dated 3/20/90)
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
PLANNING AND ZONING COMMISSION
Reappointment of Robert Fullerton - 4/90 to
4/93 (Staff Recommendation dated 3/15/90,
Memo from P & Z dated 3/12/90, Memo from
Fullerton dated 2/28/90)
3
88.063
90.086
90.087
90.088
12.
OLD BUSINESS
A.
RESOLUTION NO. R-90-15 - Italian/American Club
Lease (Staff Recommendation dated 3/21/90, Memo
from Director of Community Development dated
2/20/90, Resolution and Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY,
A LEASE AGREEMENT WITH THE ITALIAN AMERICAN CLUB
OF SEBASTIAN, INC. FOR THE LEASE OF CERTAIN REAL
PROPERTY OWNED BY THE CiTY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, LOCATED AT THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
13. NEW BUSINESS
Approval of Preliminary Subdivision Plat - River
Oaks and Creek Island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Development dated 3/14/90, 2 Memos from P & Z
dated 3/7/90, Plats)
Approval of Preliminary Subdivision Plat -
Fischer Island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Development dated 3/19/90, Memo from P & Z dated
3/7/90)
14. MAYOR'S MATTERS
15.
16.
Appointment of City Councilman as Member to
Indian River County Transportation Planning
Committee (No Backup)
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
CITY ATTORNEY MATTERS
4
l?.
CITY MANAGER MATTERS
90.089 A.
90.090 B.
Airport Drive EaSt Improvements (City Manager
Recommendation dated 3/22/90, Memo from Interim
City Engineer dated 3/22/90)
Approve Staffing Plan to Implement Ordinance No.
O-90-01 (Staff Recommendation dated 3/22/90,
Director of Community Development dated 3/22/90,
2/7/90 City Council Minutes)
18. ~ 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.)
5
ORDINANCE NO. O-89-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE COMPREHENSIVE PLAN;
AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION
20-51 OF THE CODE OF ORDINANCES PERTAINING TO THE
COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CiTY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida enacted the
"Local Government Comprehensive Planning and Land Development
Regulation Act" and codified such Act as Sections 163.3161 et. seq.
of the Florida Statutes (1987); and
WHEREAS, it is the intent of this Act that its adoption is
necessary so that local governments can preserve and enhance
present advantages; encourage the most appropriate use of land,
water, and resources, consistent with the public interest; overcome
present handicaps; and deal effectively with future problems that
may result from the use and development of land within their
3urisdictions; and
WHEREAS, the City of Sebastian has submitted a proposed
amended Comprehensive Plan to the Department of Community Affairs
of the State of Florida; and
WHEREAS, the City of Sebastian has received the written
ob3ections, recommendations, and comments from the Department of
Community Affairs of the State of Florida; and
WHEREAS, the City of Sebastian has received comments and
proposals from the general public and held not less than two public
hearings with regard to the amended Comprehensive Plan; and
WHEREAS, the City Council has made certain amendments in the
proposed new Comprehensive Plan in light of the comments and
proposals from the general public, as well as the comments,
recommendations and objections of the Department of Community
Affairs and various other State agencies; and
WHEREAS, the City Council hereby declares that the purpose and
intent of the Comprehensive Plan is to guide future growth and
development; encourage the most appropriate use of land, water and
other resources; promote and protect the public health, safety,
comfort, good order, appearance, convenience, aesthetics, and
general welfare; prevent the over-crowding of land; avoid the undue
concentration of population; provide adequate and energy efficient
transportation, water, sewage, drainage, fire protection, law
enforcement, schools, parks, recreation facilities, housing, and
other services, facilities and resources; and conserve and protect
natural resources within the City, while protecting private
property rights.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Section 20-51 of the Code of Ordinances of
the City of Sebastian, Indian River County, Florida,, is hereby
amended to read as follows:
"That the document entitled "City of Sebastian-Comprehensive
Plan, Goals, Objectives and Policies," dated July, 1989 and the
document entitled "City of Sebastian-Comprehensive Plan, Data,
Inventory and Analysis," dated July, 1989, which documents are
attached hereto and made a Dart hereof as Exhibits "A" and "B", are
hereby adopted as the Comprehensive Plan of the City of Sebastian
in accordance with a Local Government Comprehensive Planning and
Land Development Regulation Act, codified as Sections 163.3161 et.
~ of Florida Statutes (1987)."
Section 2. CONFLICT. All 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 Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and that the
word "ordinance" may be changed to "section", "article", or other
appropriate designation.
Section 4. SEVERABILI?Y. 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 will 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.
3
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 Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1989.
CITY OF SEBASTIAN, FLORIDA
By:
Richard B. Votapka, Mayor
ATTEST:
Kathryn 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 two public hearings were held on this
Ordinance, the f~irst public hearing was held at 7:00 p.m. on
the ~ day of ~.C~f£~3~, 1989, and the second public hearing
was held at 7:00 p~ on the day of, 1989,
and that following the second 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
4
RESOLUTION NO. R-90-14
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE WEST SIX FEET OF LOT
12 AND THE EAST SIX FEET OF LOT 13, BLOCK 212, UNIT 8,
SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 6/11, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
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 west six feet of Lot 12 and the east six feet
of Lot 13, Block 212, Unit 8, Sebastian Highlands,
according to the plat thereof, recorded in PBI 6/11,
Public Records of Indian River County, Florida.
SECTION II
Ail 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.
1
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, t~is__day of , 1990.
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 appeared
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 , 1990.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
CITY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
!This request shall no be accepted unless completed in full)
TELEPHONE NO. <~'~'l' ;~ 13_ TYPE OF ENTITY:* ~. I"'-~"~
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
t~'~..~t ' F~£ ,." ~,~ I~ ,~.,./ ~', ,, ~ /.-.:~ ~," ~,? /~ /{'~: / ~/"
TYPE OF EASEMENT:
APPROXIMATE SIZE OF EASEMENT:
PURPOSE FOR REQUEST TO VACATE:
%1
feet in length in width
I- i,.-,.u~ t '-- 't,.,x,-.. L~ ~'J~.'~- t' t
(Explain in detail your need to release this 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 this request to vacate by the owner of the real
prope~ty .~//
~~u~, ,t.}. L,~.,~4~, Corporate Seal
Please Print Name Here
Attach hereto the following:
(~Q/1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SMOW THE EASEMENT CLEARLY ON DRAWING.
( .)"~..
(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 o~ land
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 BE 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. -- ~d,O Ck~5~
( ) 6. OTHER:
3-
Date Received by the Office of the City Clerk
By:
file: aban.app
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M O
TO:
FROE:
DALE:
REF:
March 13, 1990
Abandonment of Easement, Lots =. & 3, Block 21~
Sebastian Highlands, Unit 8
In reference to the above request, I have no objection.
BC: jk
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE: Ma,-ch 15, 1990
TO:
Kathryn M. (]'t-.talloran
City
FROM: David
City EnDi
RE: Abandonment o¥ Easement
A*te,- an on si to in=p.,ect, ion by out Department, we have nE
objection to the ebandonment o.£ easement ~:or the west six (6)
Yeet o~ Lot 12 and East six (6) Yeet o¥ Lot 13, Block 212,
Unit 8, SebaDtian Hiqhlands.
~hould you ,"equire tony ~ur-tho~' in,Formation,
to contact our o~¥icm.
DF: dlm
945 Fellsmere Rd. #3 · Sebastian, FL 32958 · Tel. 407-589-7472
9 Harch 1990
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Gentlmen:
Please take this letter as acknowledgement that MGB HOMES, INC. will
be acting as agent For Thomas N. Chadwick, Hay L. Chadwick and
Mildred F. Chulada, for the abandonment of easement between Lots
12 & 13 Blk 212 Unit 8, which they own.
MGB HOMES, INC. is the general contractor for the building of a
single family dwellings on the above mentioned property.
Thomas N. Chadwick
May L Y Chgdw-~ck
Mildred F. Chulada
Sincerely,
John Laman
JL/cb
eeL: file
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-6330
FAX 407-589-5570
SUB3ECT: bid Award Twenty Two (22)
Tons of Fertilizer
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin Finance (LWN)
)
) Date Submitted 3/20/90
)
) For Agenda 6f 3/28/90
)
) Exhibits: Bid Tabulation Sheet
)
)
)
EXPENDITURE
REQUIRED: $4,694.80
AMOUNT
BUDGETED:S30,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Five bids were received for twenty two (22) tons of 15-0-15 fertilizer
for the golf Course. Harrell's Inc. and Wheeler Fertilizer & Chemicals
did not list the specs for what they substituted for IBDU. Kaiser/Estech
has been awarded the bid before and the golf course staff has had
excellent results with the product and delivery.
RECOMMENDED ACTION
Move the bid for twenty two (22) tons of 15-0-15 fertilizer be
awarded to the best bidder, Kaiser/Estech, of Ft. Pierce, at a
price of $213.40 per ton for a total cost of $4,694.80.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-6330
FAX 407-580-5570
SUBJECT: aid Award Glock F~reaz=~ and
Leather
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin Finance (LWN)
)
) Date Submitted 3-16-90
)
) For Agenda Of 3-28-90
)
) Exhibits: Bid Tabulation Sheet
)
)
)
EXPENDITURE
REQUIRED: $7,720.16
AMOUNT
BUDGETED: $10,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Three bids were received for Glock Firearms and Leather. The lowest bid for
the firearms was frc~ Eastern Guns of South Miami at $318.00 each. The lowest
bid for the leather holsters, belts and magazine pouches was from Oaks Wholesale
Distributors of Rockledge at a combined price of $1,360.16. Staff reoa'a,~nds
splitting the bid and going with the low bid for the firearms and leather.
Adequate funds are budgeted in the Capital Improvement Fund.
RECOMMENDED ACTION
Move the bid for firearms be awarded to the lowest and best bidder, Eastern
Guns of South Miami in the amDunt of $6,360.00 and for the leather to the
lowest and best bidder, Oaks Wholesale Distributors of Rockledge in the amount
of $1,366.16.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: ~id Award for Riding
Tractor
Approved For
City Manager
Submittal By:
Dept. Origin Finance (LWN)
Date Submitted 3-16-90
For Agenda Of 3-2.8-90
Exhibits: Bid Tabulation Sheet
EXPENDITURE
REQUIRED: $2,711.00
AMOUNT
BUDGETED: $5,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Three bids were received for a riding tractor for the Parks Department. Two
were frc~ the same vendor but each was for a different tractor. After appro-
priate staff reviewed the bids, the rec~L','t~ndation is for a Gravely Tractor
with a 16 H.P. Briggs & Stratton engine with a 50" mower and sulky. The bid
was received frcm Goo~knight Lawn Equipment frc~ Vero Beach. Adequate funds
are budgeted in the Capital Improv~n~_nt Fund.
RECOMMENDED ACTION
Move the bid for a riding tractor be awarded to the lowest and best bidder,
Goodknight Lawn EquiF~ent, of Vero Beach, in the amount of $2,711.00.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
R/VERV/]FW PARK
Approved For Submittal By:
City Manager
)
) Dept. Origin Dept. of Comamig Develour~nt
) ~'~c) :~__~
) Date Submitted 3/22/90
)
) For Agenda Of 3/28/90
)
) Exhibits:
)
) ~t~r f~ ~t Jud~
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Southeast Bank of Sebastian, in connection with the March of Dimes, is
seeking permission from the City Council to have a fish fry to raise money
for the March of Dimes. There will be no alcoholic beverages and H.R.S. has
given their approval subject to placing two port-o-lets on the site.
RECOMMENDED ACTION
Move to approve the fish fry for Dot Judah at the Riverview Park on April 14,
1990 subject to:
1) No vehicle parking on the park grounds.
2) Provisions for two port-o-lets.
3) The park must be cleaned after the event.
4) The City Public Works Department will provide the portable hand
washing units.
Southeast Bank, N.A.
March 20, 1990
Mayor N. E. Conyers
and Council Members
City Hall
1225 Main Street
Sebastian, Florida
32958
Dear Mayor Conyers & Council Members:
We would like to ask your permission to have a
fish fry at Riverview Park on April 14, 1990
from ll:00 a.m. to 5:00 p.m.
This fish fry is to raise money for the March of
Dimes.
Don Burgess from HRS asked that we have two
Port-O-Lets, one for men and one for women for
the number of people we are expecting. I've
checked with Harris Sanitation and they will be
delivered as requested.
There will be no alcoholic beverages sold.
tea will be served with the dinners.
Ice
We would also appreciate it if we could use the
City's hand washers for the day.
Our Southeast Bank employees will be responsible
for seeing that the park is cleaned after the
fish fry is over.
Thank you for your consideration in this most
important event.
Sincerely,
V. P. &BCM
/dj
1524 U.S. Hi§hwa~' 1, Sebastian, FIo6da 329.$8, (407) 589-3161
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: ,
AND ZON/NG COM~SSICN
Approved For Submittal By:
City Manager ~
Agenda No. ~,~
Dept. Origin Planni~q and Zoninq Cc~mission
Date Submitted
For Agenda Of
Exhibits:
3/15/90 .....
2/28/90
Memo dated 2/28/90 from Mr. Fullerton
Memo dated 3/12/90 from Planning & Zoning
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Robert Fullerton's existing term on the Planning and Zoning Commission
expires in April, 1990. The Planning and Zoning Commission is recommending
the reappointment of Mr. Fullerton to another three (3) year term.
RECOMMENDED ACTION
Move to approve the reappointment of Mr. Robert Fullerton from April, 1990
to April, 1993.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
THROUGH:
~I_IBJ EC.T:
March 1~ . IC~Q[...
Mayor and City Coumcil
Planning and Zoning Sec'~-etary
Bt'rICe CO0~,et-~~.-~
CommunSty Development Di~ecto~
Member' t'-eappc, J. rv~ment -- Bob Fullerton
Please be advised tl"~,_at tlne
m,a.qe m Irv~t. i ,"I'1 ~.~ }[ tj ~1~ j t' I ~Gll ] 31' III'~Q f' ~ ~ql Oil Mavc'h i . 1990 ~ '-'
l'ecoI~n~Dd (l~,P renp[,ointmo~}t ,-,f R,:,be~'t. Fu] 1,-~t,r,n to, another
ti'wee year term.
attached.
Mt"'. FullCt-t,:,n's herin e:.:pi~'os i. rt /Xp~. i 1 of ;L990. Your
assistance, in reviewing f_l'-tis matter is gl-early apl:,reciated.
LK: 1 k
Af'r.?lt IcF"I~'' [ L,/'~I f; t.l~, [, l~tf.-- F¢r~AF;:I-i 1(_1 CONSIDER I'dY
~'FAI'F':'F,,]'I.,IIf, I[:t-.II f'Ld~ AI',t{)IlIPI:? ll-f?FE- YE-AR TERM,
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Approved For Submittal By:
City Manager
Agenda NO.
Dept. Origin Dept. o£ Com~mi~ _Develoumnt
Date Submitted 3/21/90
For Agenda Of
3/28/90
Exhibits:
R-90-15
Lease Agreement
Memo dated 2/20/90 from Bruce Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On March 7, 1990, the City Council held a workshop meeting and reviewed the
proposed Lease Agreement for the Italian American Club on a three [3) acre
tract on airport property located on Roseland Road directly north of the
Sebastian Golf Course. For the new members on City Council, a detailed summary
of the Italian American Club is outlined in a memo dated February 20, 1990.
RECOMMENDED ACTION
Move to approve Resolution R-90-15.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM
TO:
FROM:
REFERENCE:
DATE:
Robert S. McClary
City Manager
Bruce Cooper n~~
Director of Community Developme
The Italian American Club Lease
February 20, 1990
The Italian American Club is requesting the City Council to
approve a lease agreement for their club to be located on a 3
acre tract on airport property located on Roseland Road and
directly North of the Sebastian Golf Course.
The Italian American Club currently has a lease with the City for
property at the corner of Albatross Terrace and Fairfield Lane.
The original lease was executed on December 3, 1986. In February
1988 the Italian American Club requested an amendment to the
lease in order for the club to obtain financing. The lease was
amended by the City Council on March 9, 1989. During the
amendment process the nearby property owners approached the City
with concerns about a club that would be serving alcohol within
their neighborhood. With the neighborhood concerned over the
existing club's location and the new zoning regulations placing
limitations on the public service tracts, Mr. Charles Pullara of
the Italian American Club had several meetings with the City
Staff to find a new location.
The City Council, after amending the lease, amended the public
service zoning district regulations to prohibit nonprofit clubs
that serve alcohol which abut any RS-10, RS-15 and RS-20 zoning
district.
In response to those meetings regarding the new location on
Roseland Road, the City Manager outlined the potential issues in
a letter dated September 8, 1988 to Mr. Pullara and requesting
Mr. Pullara to have this item discussed at a City Council
Workshop meeting. On October 5, 1988 the City Council was polled
and unanimously agreed to authorize staff to cooperate with the
Italian American Club and to precede in accordance with the City
Manager's letter dated September 8,1988.
Out of the 29 elements of the proposed
elements are outlined below:
lease,
several key
The basic rent in Section 3, page 2 requires the sum
of $400.00 per acre, a total of $1200.00 a year for
the lease agreement. Basic rent will be adjusted on
a 5 year anniversary date.
Section 12, Paragraph F on page 10, requires the
lease holder to obtain a rezoning classification from
industrial to public service and subsequently, an
approval from the Planning and Zoning Commission for
a site plan. Granting this lease does not guarantee
any future approvals.
Section 29 requires that the tenant acknowledge that
this lease agreement is conditioned upon the approval
from the Federal Aviation Administration. The
tenants shall also restrict the height of structures,
objects of natural growth and other obstructions to a
height so as to comply with Federal Aviation
Regulation Part 77.
I would recommend that the City Council discuss this lease on
the March 7,1990 workshop meeting.
gk
Italian
cc (w/o attach.)
C. Pullara
S. Lulich, Esq.
RESOLUTION NO.: R-90- /~
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND TB~ CITY
CLERK TO EXECUTE, ON BRg~r~ OF THE CITY, A LEASE
AGREEMENT WITH THE ITALIAN AMERICAN CLUB OF SEBASTIAN,
INC. FOR THE LEASE OF CERTAIN REAL PROPERTY OWNED BY
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida, is the owner of certain real property located in
Sebastian, Indian River County, Florida, at the Sebastian
Municipal Airport; and
WBE~, the City Council of the city of Sebastian, after
reviewing the proposed Lease Agreement by and between the City of
Sebastian as the Landlord and the Italian American Club of
Sebastian, Inc. as the Tenant and engaging in deliberations has
determined that it would be in the best interest of the City of
Sebastian and in furtherance of a valid municipal purpose for the
City of Sebastian to enter into the proposed Lease Agreement with
the Italian American Club of Sebastian, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Secti0D 1. AGREEMENT. The Mayor and the City Clerk the
city of Sebastian, Indian River County, Florida, are hereby
authorized to execute, on behalf of the City, the proposed Lease
Agreement by and between the City of Sebastian and the Italian
American Club of Sebastian, Inc., a Florida Not-For-Profit
corporation for the leasing of certain real property owned by the
City at the Sebastian Municipal Airport, a copy of the proposed
Lease Agreement being attached hereto as Exhibit "A" and by this
reference incorporated herein, thereby binding the City as a
party thereto.
Section ~. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABI~. 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 said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption, but the Lease Agreement is
expressly conditioned upon the approval by the Federal Aviation
Administration ("FAA") or the receipt by the City of a letter of
no objection from the FAA, as more specifically provided in
Paragraph 29 thereof.
The foregoing
Councilman
by Councilman
Resolution
was moved for adoption by
. The motion was seconded
and, upon being put to a
2
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
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
3
THIS LEASE AGREEMENT, made and entered into this day
of , 1990, by and between the CITY OF SEBASTIAN, Florida,
a Florida municipal corporation located in Indian River County,
Florida, party of the first party (hereinafter referred to as the
"Landlord"), and the ITALIAN AMERICAN CLUB OF SEBASTIAN, INC., a
Florida Not-For-Profit corporation, party of the second part
(hereinafter referred to as the "Tenant").
WI TNE S SETH:
WHEREAS, the Landlord is the owner of certain real property
located in the City of Sebastian, County of Indian River, State
of Florida; and
WHEREAS, the Landlord has agreed to lease such real property
to the Tenant subject to certain terms and conditions; and
WHEREAS, the Tenant desires to lease such real property from
the Landlord.
NOW, THEREFORE, in consideration of the premises, the
covenants, terms and conditions to be performed as set forth
hereinafter, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto have agreed and do agree as
follows:
1. bease Premises: Subject to the terms and conditions
set forth in this Lease Agreement, the Landlord leases to the
Tenant and the Tenant rents from the Landlord the certain real
property located at the Sebastian Municipal Airport located in
Sebastian, Indian River County, Florida, such property of the
Landlord being more particularly described as set forth on
Schedule "A" attached hereto and by this reference incorporated
herein. The aforementioned real property and any improvements
constructed thereon, including buildings and fixtures, shall be
hereinafter referred to as the "Leased Premises".
2. Term of Lease: This Lease shall be for a term of
fifteen (15) years (hereinafter called the "Lease Term")
beginning the day of , 1990, and ending on the
day of , 2000. The Tenant shall have the option to
renew the initial Lease Term for three (3) additional ten (10)
year terms by providing the Landlord with written notice no less
than sixty (60) days nor more than ninety (90) days prior to the
expiration of the then current Lease Term. Each of the renewal
periods shall also be referred to hereinafter as the "Lease Term"
and the duties and obligations of the Tenant during any renewal
Lease Term shall be the same as for the initial Lease Term,
except as specifically provided for in Paragraph 3 of this
Agreement. However, the termination of this Lease by either
party shall not operate to cure any default of any of the terms
and conditions of this Lease by a defaulting party.
3. Bas~ .Rent.
(a) Ii~itial Lease TgFm: The basic rent to be paid by
the Tenant to the Landlord for each one year term or a portion of
any one year term during each of the initial five years of the
initial fifteen (15) year Lease Term shall consist of the sum of
One Thousand Two Hundred and No/100 Dollars ($1,200.00), payable
at the commencement of each annual term. The basic rent to be
paid by the Tenant to the Landlord for each one year term or
portion thereof during each subsequent five (5) year lease period
(there shall be two five (5) year lease periods during the
balance of the initial fifteen (15) year Lease Term and there may
additional five (5) year lease periods if the Tenant exercises
any of its options to renew the initial Lease Term pursuant to
Paragraph 2 of this Lease Agreement) shall be increased at the
beginning of each subsequent five (5) year lease period in
accordance with the provisions of Subparagraph 3(b) of this Lease
Agreement.
(b) Adjustments to Basic Rent: The basic rent payable
pursuant to this Lease Agreement shall be adjusted on the five
(5) year anniversary date of this Lease Agreement and the
beginning of each five (5) year lease period thereafter, (that
is, in 1994, 1999, and if this Lease Agreement is renewed 2005,
2010, 2015, 2020, 2025 and 2030), and the amount of basic rent
payable for each annual term during each of the succeeding five
(5) year lease period shall be the greater of:
(i) the basic rent paid for the one (1) year term
just ended; or
(ii) an amount calculated by increasing the basic
rent by the increase in the consumer price index
for all urban consumers: South Region, all items,
1977 = 100, issued by the Bureau of Labor
Statistics of the United States Department of
Labor (or any appropriate successor index if the
Bureau of Labor Statistics ceases to issue such
consumer price index), for each of the five
preceding annual periods utilizing the month and
year that the initial lease period commenced as
the base.
4. Additiona~...~ent.
(a) Breach: The Tenant agrees to pay as rent in
addition to the basic rent provided for in Paragraph 3 of this
Lease Agreement, any and all sums which may become due by reason
or the failure of the Tenant to comply with all of the covenants,
terms and conditions of this Lease and any and all damages, costs
and expenses, including attorney's fees (both at trial and all
appellate levels) which the Landlord may suffer or incur by
reason of such default, and also any and all damages to the
Leased Premises caused by any act or neglect of the Tenant, or
its assignees or sublettees.
(b) Taxes, Assessments, etc.: The Tenant shall pay
during the Lease Term all ad valorem taxes levied or assessed
against the Leased Premises by the appropriate governmental
authorities, together with ad valorem taxes levied against any
stock of merchandize, furniture, furnishings, equipment and other
property located in or upon the Leased Premises. In addition,
the Tenant will duly promptly pay as additional rent to the
Landlord~ as the same may become due and payable and before they
become delinquent, all taxes, rates, assessments and other
governmental charges, and charges of every kind and nature
whatsoever, non-recurring as well as recurring, special or
extraordinary as well as ordinary, foreseen or unforeseen, and
each and every installment thereof, which shall or may during the
Lease Term be levied, assessed or imposed, or become due and
payable or become liens upon, or arise in connection with the
use, occupancy or possession of, or any interest in, the Leased
Premises, or upon the rents, issues, income and profits therefrom
so as to prevent the same from becoming or being an enforceable
lien or claim against the property or the interest of the
Landlord ("Expenses"), and the Landlord shall apply such payment
by the Tenant to the payment of such Expenses. Such Expenses
shall include all real estate taxes, assessments, water and sewer
charges which may become liens upon the Leased Premises or any
part thereof. If the Landlord requests the Tenant to pay such
Expenses other than to the Landlord, the Tenant will furnish or
cause to be furnished to the Landlord not less than fifteen (15)
days prior to the date on which payment of same would become
delinquent, or subject to penalty or interest, receipts or other
evidence satisfactory to the Landlord of the payment of all such
Expenses.
If the Tenant deems excessive or illegal any such
Expenses, with the written consent of the Landlord, the Tenant
may make payment under protest. Any contest, whether before or
after payment, may be made in the name of the Landlord or the
Tenant or both, with the written consent of the Landlord. If
requested by the Tenant, the Landlord may, but shall not be
required, to participate in any such contest, but the Tenant
shall be entitled to any refund of any such Expenses, and any
penalty or interest thereon which may have been paid by the
Tenant, but all costs in connection with such contest shall be
borne by the Tenant.
In case of failure of the Tenant to make any of the
payments to be made by the Tenant for such Expenses, Landlord
3
may, but shall not be required to, pay the amount of same, with
penalty and interest thereon, if any. The amount so paid by the
Landlord, with interest thereon from the date of payment thereof
by the Landlord, shall be due from and payable by the Tenant to
the Landlord immediately.
(a) Liability Insurance: The Tenant shall provide and
keep in force at its own expense during the term of this Lease,
public liability and property damage insurance coverage with
respect to the Leased Premises, including the foundation and
those portions of the said premises used for driveways, walkways,
and parking areas, and all improvements made to the Leased
Premises~ The insurance coverage to be provided by the Tenant
shall contain limits of not less than $300,000.00 for injury or
death of any one person and $1,000,000.00 for injury or death for
any one accident, together with the greater of $250,000.00 or the
fair market value of the building and other improvements
constructed on the Leased Premise for damage to property.
Furthermore, the limits for injury or death of any one person and
for injury or death for any one accident shall be increased at
least every five (5) years based on the proportionate percentage
that the basic rent is increased in accordance with the
provisions of Paragraph 3 hereof.
(b) Casualty, Fire and Extended Coverage Insurance:
The Tenant shall, at its expense, keep the Leased Premises and
all improvements now or hereafter erected upon the Leased
Premises, together with the chattels therein, insured for the
benefit of the Landlord against loss by fire and other casualties
and hazards usually covered by extended coverage insurance in an
amount not less than the replacement value of the Leased
Premises, including the foundation, exterior structure, roof and
those portions of the said premises used for driveways, walkways
and parking areas, during the Lease Term. It is expressly
understood and agreed that if for any reason it shall be
impossible to obtain Fire Insurance on the building and
improvements on the Leased Premises in an amount and in the form
and with fire insurance companies acceptable to the Landlord, the
Landlord may, if the Landlord elects, terminate this Lease and
the term thereof upon giving to the Tenant thirty (30) days
notice in writing of the Landlord's intention to do so and upon
giving of such notice, this Lease and the terms thereof shall
terminate and come to an end.
(c) Miscellaneous: Any policy or policies of
insurance required by the Lease shall be issued by one or more
insurance companies authorized to engage in business in the State
of Florida and the Tenant shall supply the Landlord with a
certificate of such insurance with evidence of the payment of the
premium thereon. All such policies shall name the Landlord as an
4
additional insured and shall contain provision for notice to the
Landlord not less than ten (10) days in advance of any
cancellation or material change of such policy or policies. In
case of failure of the Tenant to make premium payment when due,
the Landlord may pay the amount of any such premiums, which
amount with interest thereon from the date of payment by the
Landlord shall be due and payable by the Tenant to the Landlord
immediately. Copies of renewal policies for any insurance
required under this Paragraph 5 shall be deposited by the Tenant
with the Landlord at least ten (10) days prior to the expiration
of existing policies, and upon the failure of the Tenant to do
so, the Landlord may immediately purchase, for the account of the
Tenant, the necessary insurance from any reputable insurance
company without notice to the Tenant, and the Tenant shall
reimburse the Landlord for the cost thereof within ten (10) days
after demand for same by the Landlord. The Tenant shall have the
right to carry the insurance provided for in this Paragraph 5, or
any portions of such insurance under a blanket or comprehensive
all-risk policy.
6. Use of ..Leased Premises. The Tenant agrees that the
facility to be operated by it on the Leased Premises will not be
operated in such a manner as to constitute a nuisance or a hazard
and that in connection with the operation of the facility, the
Tenant will observe and comply with all applicable laws,
ordinances, orders and regulations prescribed by lawful authority
having jurisdiction over the facility operated in the Leased
Premises. The Tenant agrees that the Leased Premises shall be
used by the Tenant solely for a clubhouse and recreational
facility for its members and guests. The Tenant agrees that the
Leased Premises shall not be used for any other purpose.
7. Utiliti~. The Tenant shall be responsible for
electricity, lights, water, sewer, heat, janitor service or any
other utility or service consumed in connection with the
occupancy of the Leased Premises by the Tenant.
8. Affik-~ative CovgRants of Tenant. T h e
covenants and agrees that it will without demand:
Tenant
(a) Waste: Conduct its use of the Leased Premises in
such a manner as not to be a nuisance, and shall not allow any
noxious odors or vapors to be emitted from the Leased Premises.
Use of explosives, flammable and/or corrosive agents and other
like materials is not approved unless authorized by the Landlord
in advance. Any cleaning agent apparatus will be installed and
vented to the outside at the Tenant's cost and only if
installation is approved in writing in advance by the Landlord.
The Tenant shall not engage in activities that waste the Leased
Premises.
(b) Maintenance and Repair: Keep the Leased Premises
5
and all improvements erected thereon in good condition and
repair, including, but not by way of limitation, the exterior and
interior structures, the roof, all plumbing, heating, electrical
and air conditioning systems and any loading facilities including
loading doors and dock bumpers. The Tenant shall permit the
Landlord's duly authorized agents to enter upon the Leased
Premises and the buildings and improvements thereon erected at
any reasonable time, and from time to time, for the purpose of
inspecting and appraising the same. The Tenant shall comply with
all orders, regulations, rules and requirements of every kind and
nature relating to the premises, now or hereafter in effect, of
the federal, State, municipal or other governmental authorities
having power to enact, adopt, impose or require the same, whether
they be usual or unusual, ordinary or extraordinary, and whether
they or ~ny of them relate to structural changes or requirements
of whatever nature, or to changes or requirements incident
thereto, or as the result of any use or occupation thereof or
otherwise, and the Tenant shall pay all costs and expenses
incidental to such compliance, and shall indemnify and save
harmless the Landlord from all expense, and damages by reason of
any notices, orders, violations or penalties filed against or-
imposed upon the Leased Premises or against the Landlord as owner
thereof, because of the failure of the Tenant to comply with this
covenant. The Tenant further agrees to keep the Leased Premises
clean and free from all ashes, dirt and other refuse matter;
replace all glass windows, doors, etc., which are broken; and
keep all waste and drain pipes open.
In the event of the failure of the Tenant promptly to
perform the covenants of this Paragraph 8(b), the Landlord may go
upon the Leased Premises and perform such covenants, the cost
thereof, at the sole option of the Landlord, to be charged to the
Tenant as additional and delinquent rent.
(c) Improvements: The Tenant shall not cause any
structural improvements to be made to the Leased Premises,
including any changes to the interior walls, floors or ceilings,
the exterior of the building, the parking lot, walkways or
driveways of the Leased Premises, the doors or windows, without
the advance written consent of the Landlord. Provided, however,
that this provision shall not be deemed to prevent the Tenant
from making repairs to any part of the Leased Premises or
performing or arranging for the performance of maintenance
service to any part of the Leased Premises. Unless otherwise
agreed in writing between the parties hereto, all costs of any
improvements shall be borne by the Tenant. All improvements made
on the Lease Premises, including the construction of buildings
and installation of fixtures, shall become the property of the
Landlord upon their construction or installation, but shall be
deemed part of the Leased Premises for purposes of this Lease
Agreement.
6
(d) Signs: The Tenant shall have the right to erect
and maintain such sign or signs on the Leased Premises as may be
permitted by applicable law.
(e) Compliance: Comply with any requirements of any
of the constituted public authorities, and with the terms of any
State or Federal Statute or local ordinance or regulation
applicable to the Tenant or its use of the Leased Premises, and
save the Landlord harmless from penalties, fines, costs or
damages resulting from failure so to do.
(f) Fire:
Use every reasonable precaution against
fire.
~ (g) Rules and
rules and regulations of
provided.
Regulations: Comply with reasonable
the Landlord promulgated as hereinafter
(h) Surrender of Leased Premises: Upon the expiration
or other termination of this Lease, for any reason whatsoever,
surrender to the Landlord the Leased Premises together with the
buildings and improvements thereon erected or standing thereon
and the building equipment then upon the Leased Premises,
together with all alterations and replacements thereon, in good
order, condition and repair, except for reasonable wear and use
thereof, and except also, such damage by fire or other cause for
which the Tenant is obligated to maintain insurance under the
provisions of this Lease if the proceeds of such insurance have
been received by the Landlord, and except further, such damage by
any taking by condemnation or exercise of the right of eminent
domain if the Landlord has received the proceeds of such
condemnation or exercise of eminent domain and applied the same
under the provisions of this Lease. The Tenant further agrees to
promptly deliver to the Landlord at its office all keys for the
Leased Premises.
(i) Notice of Casualty. Give to the Landlord prompt
written notice of any accident, fire, or damage occurring on or
to the Leased Premises.
(j) Vacation. Subject to the provisions of Paragraph
28, if the Tenant shall vacate or decide at any time during the
Lease Term to vacate the Leased Premises prior to the expiration
of this Lease Term, or any renewal of the Lease, or if the Tenant
shall cease for any period to be a not-for-profit corporation, or
to utilize the Leased Premises as a clubhouse, this Lease shall
immediately terminate with out the necessity of any legal
proceeding or other action on the part of the Landlord, and all
right, title and interest in the leasehold created by this Lease
shall revert and revest in the Landlord immediately and
automatically.
7
9. Negative Covenants of Tenant. The Tenant covenants
and agrees that it will do none of the following things without
the consent in writing of the Landlord first had and obtained:
(a) Use. Occupy the Leased Premises in any other
manner or for any other purpose than as above set forth.
(b) Assignment, etc. Assign this Lease or hypothecate
or mortgage the same or sublet the Leased Premises or any part
thereof, except as provided in Paragraph 28. Any assignment,
transfer, hypothecation, mortgaging or subletting without the
written consent of the Landlord shall be void ab initio, except
as provided in Paragraph 28.
, (c) Alterations and Improvements. Make any structural
alterations, improvements, or additions to the Leased Premises.
All structural alterations, additions and improvements (except
trade fixtures, furniture and equipment other than building
equipment) which may be made or installed by the Tenant upon the
Leased Premises shall upon the making or installation thereof be
and become a part of the Leased Premises and shall remain upon
and be surrendered with the Leased Premises as a part thereof at
the termination of this Lease, unless the Landlord shall, prior
to the termination of this Lease, have given written notice to
the Tenant to remove the same in which event the Tenant will
remove such alterations, improvements, and additions and restore
the Leased Premises to the same good order and condition in which
they now are. Should the Tenant fail so to do, collecting, at
the Landlord's option, the cost and expense thereof from the
Tenant as additional rent.
(d) Machinery. Use or operate any machinery that, in
the Landlord's opinion, is harmful to the Leased Premises or the
buildings of which the Leased Premises is a part.
(e) Weights.
Leased Premises beyond
structure.
Place any weights in any portion of the
the safe carrying capacity of the
(f) Vacation. Vacate or desert the Leased Premises
during the Lease Term, or permit the same to be empty and
unoccupied without the permission of the Landlord.
(g) Recordation. Record this Lease. If the Tenant
violates this covenant, the Tenant hereby irrevocably authorizes,
empowers and designates the Landlord as its lawful attorney for
the purpose of having said Lease marked satisfied of record.
(h) Encumbrances/Liens. Allow any mortgage, lien or
other encumbrance or security interest to be created against or
attached to the Leased Premises or any building or fixture
located thereon, except as provided for in Paragraph 13(b).
8
10. ~andlord's Riahts. The Tenant covenants and agrees
that the Landlord shall have the right to do the following things
and matters in and about the Leased Premises:
(a) Inspection. At all reasonable times by its duly
authorized agent to go upon and inspect the Leased Premises and
every part thereof, and/or at its option to make repairs,
alterations and additions to the Leased Premises.
11. Responsibi.~itv of Tenant. The Landlord shall not in
any event be responsible, and the Tenant hereby specifically
assumes responsibility for any personal or bodily injury or death
of any persons (including employees of the Tenant and the
Landlord) and damage, destruction, or loss of use of any
property, including the Leased Premises (except as specifically
provided otherwise herein) occasioned by any event happening on
or about the Leased Premises, hallways, entrance ways, stairs,
elevators, hoists, streets, driveways, parking and loading areas,
alleys, lawns, sidewalks and curbs adjacent thereto including
those resulting from any work in connection with any alterations,
changes, new construction or demolition, except if same results
solely from the negligence of the Landlord, its agents, servants,
or employees. The Tenant shall defend, indemnify and hold
harmless the Landlord from and against any and all claims,
demands, suits, damages, liability and costs (including counsel
fees and expenses) arising out of or in any manner connected with
any act or omission, negligent or otherwise of the Tenant, third
persons, or any of their agents, servants or employees which
arise out of or are in any way connected with the erection,
maintenance, use, operation, existence or occupation of the
Leased Premises, hallways, entrance ways, stairs, elevators,
hoists, streets, driveways, parking and loading areas, alleys,
lawns, sidewalks and curbs adjacent thereto unless due solely to
the negligence of the Landlord, its agents, servants or
employees.
The Landlord shall promptly notify the Tenant of any claim
asserted against the Landlord on account of any such injury or
claimed injury to persons or property and shall promptly deliver
to the Tenant the original or a true copy of any summons or other
process, pleading or notice issued in any suit or other
proceeding to assert or enforce any such claim. The Tenant shall
have the right to defend any such suit with attorneys of its own
selection and the Landlord shall have the right, if it sees fit,
to participate in such defense. It is further covenanted and
agreed by the parties hereto that in no case shall the Landlord
be liable under any expressed or implied covenant of this Lease
for any damages whatsoever to the Tenant accruing after any act
or breach of covenant for which damages may be sought to be
recovered against the Landlord.
9
The Tenant shall defend, indemnify and hold harmless the
Landlord from claims, demands, suits, liability for damages for
personal or bodily injury or death of any persons or damage or
destruction of any property (including loss of use thereof)
caused by or in any manner arising out of any breach, violation
or nonperformance by the Tenant of any covenant, term or
provision of this Lease.
12. Damage to Lease~...~remises.
(a) In the event that the Leased Premises is totally
destroyed or so damaged by fire or other casualty not occurring
through fault or negligence of the Tenant or those employed or
acting for it, that, in the Landlord's judgment, the same cannot
be repaired or restored within a reasonable time, this Lease
shall absolutely cease and determine, but no rent shall be
refunded.
(b) If the damage caused as above be only partial and
such that the Leased Premises, in the Landlord's judgment, can be
restored within a reasonable time, the Landlord may, at its
option, restore the same (excluding fixtures and improvements
owned by the Tenant) with reasonable promptness, reserving the
right to enter upon the Leased Premises for that purpose. The
Landlord also reserves the right to enter upon the Leased
Premises whenever necessary to repair damage caused by fire or
other casualty to the Leased Premises, even though the effect of
such entry would be to render the Leased Premises or a part
thereof untenantable. The rent shall not be apportioned and
suspended during the time the Landlord is in possession.
(c) The Landlord shall make such election to repair
the Leased Premises or terminate this Lease by giving notice
thereof to the Tenant at the Leased Premises within thirty (30)
days from the day the Landlord received notice that the Leased
Premises had been destroyed or damaged by fire or other casualty.
(d) The Landlord shall not be liable for any damage,
compensation or claim for any reason arising from the necessity
of repairing any portion of the building, the interruption in the
use of the Leased Premises, or the termination of this Lease by
reason of the destruction of the Leased Premises.
(e) The Landlord has let the Leased Premises in their
present condition and without any representations on the part of
the Landlord, its officers, employees, servants and/or agents.
(f) Notwithstanding anything contained in this Lease
to the contrary, it is understood and agreed that the Tenant's
proposed use of the Leased Premises as set forth in Paragraph 1
will necessitate the Tenant's obtaining the necessary rezoning
and Comprehensive Land Use Plan amendment from the present
10
industrial classification to Public Service through the Sebastian
City Planning and Zoning Commission and the Sebastian City
Council, and a subsequent conditional use/site plan approval from
the Sebastian city Planning and Zoning Commission. No guarantee
is hereby made by the Landlord that such approvals will be
forthcoming. In the event that it is determined at any time
during the Lease Term of this Lease and any renewal period that
the Tenant's proposed use of the Leased Premises as set forth in
Paragraph 6 is not permissible under the local zoning ordinance
or regulations, then the Tenant shall have the privilege of
terminating this Lease immediately, provided that notice is given
to the Landlord in writing and such privilege shall be the
Tenant's sole remedy against the Landlord in such event.
13.~ Miscellaneous Aareements and Conditions:
(a) Non-Waiver by Landlord. The failure of the
Landlord to insist upon strict performance of any of the
covenants or conditions to this Lease, or to exercise any option
herein conferred in any one or more instances, shall not be
construed as a waiver or relinquishment for-the future of any
such covenants or conditions of this Lease or option, but the
same shall be and remain in full force and effect.
(b) Security Interest. The Tenant hereby grants to
the Landlord a security interest under the Uniform Commercial
Code in all of the Tenant's inventory, equipment, furniture,
fixtures, goods and personal property in, on or about the Leased
Premises. Said security interest shall secure unto the Landlord
the payment of all rent (and charges collectible or reserved as
rent) hereunder which shall become due under the provisions of
this Lease. The Tenant hereby agrees to execute upon request of
the Landlord, such financing statements as may be required under
the provisions of the Florida Uniform Commercial Code to perfect
a security interest in the Tenant's inventory, equipment,
furniture, fixtures, goods and property. Provided, however, that
the Landlord agrees to subordinate its landlord's lien in the
furniture, equipment, personal property, inventory, goods and
fixtures which are not affixed to the floors, walls, sidewalks,
driveways, ceilings or exterior structure, to a financial
institution that lends monies to the Tenant to construct any
improvements to the Leased Premises, including the initial
building to be constructed on the Leased Premises.
(c) Accord and Satisfaction. No payment by the Tenant
or receipt by the Landlord of a lesser amount than the rents
herein stipulated shall be deemed to be other than on account of
the earliest stipulated rent, nor shall any endorsement of
statement on any check or any letter accompanying any check or
payment as rent be deemed an accord and satisfaction, and the
Landlord may accept such check or payment without prejudice to
the Landlord's right to recover the balance of such rent or
11
pursue any other remedy herein.
14. Re~e~ie~...0f Landlord. If the Tenant:
(a) Does not pay in full when due any and all of the
rent and/or any other charge or payment herein reserved,
included, or agreed to be treated or collected as rent and/or any
other charge, expense, or cost herein agreed to be paid to the
Landlord; or
(b) Violates or fails to perform or otherwise breaks
any covenant or agreement herein contained; or
(c) Vacates the Leased Premises or removes or attempts
to remove or manifests an intention to remove any goods or
property therefrom otherwise than in the ordinary and usual
course of business without having first paid and satisfied the
Landlord in full for all rent and other charges then due or that
may thereafter become due until the expiration of the then
current term; or
(d) Any assignee or sublettee of the Tenant files or
has filed against it a petition under Title 11, United States
Code, Bankruptcy, as now or hereafter amended or supplemented,
whether under Chapter 7, 11, or 13 of the aforesaid Bankruptcy
Code; or if there is the commencement of any action or proceeding
under state or federal law for the dissolution or liquidation of
the assignee or sublettee of the Tenant in connection with
bankruptcy or other insolvency, whether instituted by or against
the assignee or sublettee of the Tenant or for the appointment of
a receiver or trustee of all or substantially all of the property
of the assignee or sublettee of the Tenant; or if there is the
taking of possession of the property of the assignee or sublettee
of the Tenant by any governmental officer or agency pursuant to
statutory authority for the dissolution, rehabilitation,
reorganization or liquidation of the assignee or sublettee of the
Tenant; or if there is the making by the assignee or sublettee of
the Tenant of an assignment for the benefit of creditors;
Then and in any of said events, ther~ shall be deemed
to be a breach of this Lease, and thereupon the Landlord shall
have the following rights:
(1) To enter the Leased Premises and without further
demand or notice proceed to distress and sale of the
goods, chattels and personal property there found, to
levy the Rent and the Tenant shall pay all costs and
officers' commissions, including watchmen's wages and
sums chargeable to the Landlord, and in such case all
costs, officer's commissions and other charges shall
immediately attach and become part of the claim of the
Landlord for Rent, and any tender of rent without said
12
costs, commissions and charges made, after the issuance
of a warrant of distress, shall not be sufficient to
satisfy the claim of the Landlord.
(2) To re-enter the Leased Premises and remove all
persons and all or any property therefrom, either by
summary dispossess proceedings or by any suitable
action or proceeding at law, or by force or otherwise
without being liable to indictment, prosecution or
damages therefor, and repossess and enjoy the Leased
Premises, together with all alterations, fixtures,
signs and other installations of the Tenant. Upon
recovering possession of the Leased Premises by reason
of or based upon or arising out of a default on the
part of the Tenant this Lease shall terminate.
(3) To terminate this Lease and the term hereby
created without any right on the part of the Tenant to
waive the forfeiture by payment of any sum due or by
other performance of any condition, term or covenant
broken. Whereupon the Landlord shall be entitled to
recover, any and all sums due for rent, including
additions to rents and damages for violation of the
Tenant's obligations hereunder in existence at the time
of such termination.
(4) Proceed as a secured party under the provisions of
the Uniform Commercial Code against the goods in which
the Landlord has been granted a security interest
pursuant to Paragraph 13(b) hereof.
15. Riqht.Qf Injunctive Relief. In the event of a
breach or threatened breach by the Tenant of any of the covenants
or provisions hereof, the Landlord shall have the right of
injunction and the right to invoke any remedy allowed at law or
in equity as if re-entry, summary proceedings and other remedies
were not herein provided for.
16. RiGhts Not Exclusive. No right or remedy herein
conferred upon or reserved to the Landlord is intended to be
exclusive of any other right or remedy herein or by law provided
but each shall be cumulative and in addition to every other right
or remedy given herein or now or hereafter existing at law or in
equity or by statute.
17. Right o.f Assignee of Landl0r~. The right to pursue
the remedies herein provided against the Tenant and to enforce
all of the other provisions of this Lease may, at the option of
any assignee of this Lease, be exercised by any assignee of the
Landlord's right, title and interest in this Lease in its own
name, any statute, rule of court, custom, or practice to the
contrary notwithstanding.
13
18. ~emedies Cumulative. A1 1 o f the remedies
hereinbefore given to the Landlord and all rights and remedies
given to it by law and equity shall be cumulative and concurrent.
No termination of this Lease or the taking or recovering the
Leased Premises shall deprive the Landlord of any of its remedies
or actions against the Tenant for rent or sums due as if there
has been no termination; nor shall the bringing of any action for
rent or breach of covenant, or the resort to any other remedy
herein provided for the recovery of rent be construed as a waiver
of the right to obtain possession of the premises.
19. Eminent Domain. If all or any part of the Leased
Premises shall be taken under a power of eminent domain, the
compensation or proceeds awarded for the taking of the land, the
building(s) and/or improvements on the Leased Premises shall
belong to the Landlord. Provided, however, that the Tenant shall
be entitled to receive the compensation or proceeds awarded for
the taking of the leasehold interest resulting from the
institution of eminent domain proceedings.
Nothing herein shall prevent the Landlord from seeking any
and all damages sustained from the condemning authority by reason
of the exercise of the power of eminent domain.
In the event the condemnation or taking is to such an extent
that it is impracticable for the Tenant to continue its
operations on the Leased Premises the Lease shall immediately
terminate.
20. Identity of Interest. The execution of this Lease or
the performance of any act pursuant to the provisions hereof
shall not be deemed or construed to have the effect of creating
between the Landlord and the Tenant the relationship of principal
and agent or of a partnership or of a joint venture and the
relationship between them shall be and remain only that of a
Landlord and a Tenant.
21. Notices and Reports. Any notice, report, statement,
approval, consent, designation, demand or request to be given and
any option or election to be exercised by a party under the
provisions of this Lease shall be effective only when made in
writing and delivered (or mailed by registered or certified mail
with postage prepaid) to the other party at the address given
below:
Landlord:
City of Sebastian
Attention: City Manager
1225 Main Street-A
P.O. Box 780127
Sebastian, Florida 32978
14
Tenant:
Italian American Club of Sebastian, Inc.
Attention: President
P.O. Box 1254
Sebastian, Florida 32978-1254
provided, however, that either party may designate a different
address from time to time by giving to the other party notice in
writing of the change. Rental payments to the Landlord shall be
made by the Tenant at the address listed above.
22. ~ondisorimination. The Tenant for itself, its
personal representatives, successors in interest and assigns, as
part of the consideration hereof, does hereby covenant and agree
as a covenant running with the land that (i) no person on the
grounds mf religion, gender, age, race, color, or national origin
shall be excluded from participation in, denied the benefits of,
or be otherwise subject to discrimination in the use of the
Tenant's facilities; (ii) that in the construction of any
improvements on, over or under the Leased Premises and the
furnishing of services thereon, no person on the grounds of
religion, gender, age, race, color or national origin shall be
excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination.
23. Warranties. The Landlord warrants that the Landlord
has full power to execute this Lease and that it will warrant and
defend the leasehold interest created hereby against all parties
whomsoever and that the Tenant, upon observing and complying with
the terms, covenants and conditions of this Lease shall enjoy the
use and occupancy of the Leased Premises during the Lease Term.
24. Headinq~ No Part...of Lease. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Lease nor shall they affect its
meaning, construction or effect.
25. Severabilit~. If a provision of this Lease
Agreement is held invalid, it is hereby agreed that all valid
provisions that are severable from the invalid provision remain
in effect. If a provision in this Lease Agreement is held
invalid in one or more of its applications, the provision remains
in effect in all applications.
26. bease contaiB.~ Ail Aqreements. It is expressly
understood and agreed by and between the parties hereto that this
Lease, including the Exhibit, sets forth all the promises,
agreements, and conditions or understandings between the Landlord
and the Tenant relative to the Leased Premises, and that there
are no promises, agreements, conditions or understandings, either
oral or written, between them other than are herein set forth.
It is further understood and agreed that, except as herein
15
otherwise provided, no subsequent alteration, amendment, change
or addition to this Lease shall be binding upon the Landlord or
the Tenant unless reduced to writing and signed by them.
27. Heir~ and Assianees. Ail rights and liabilities
herein given to, or imposed upon, the respective parties hereto
shall extend to and bind the several and respective heirs,
executors, administrators, successors and assigns of said
parties; and if there shall be more than one Tenant, they shall
all be bound jointly and severally by the terms, covenants and
agreements herein, and the word "Tenant" shall be deemed and
taken to mean each and every person or party mentioned as a
Tenant herein, be the same one or more; and if there shall be
more than one Tenant, any notice required or permitted by the
terms o~ this Lease may be given by or to any one thereof, and
shall have the same force and effect as if given by or to all
thereof. The words "his" and "him" or "its" wherever stated
herein, shall be deemed to refer to the "Landlord" or the
"Tenant" whether such Landlord or Tenant be singular or plural
and irrespective of gender. No rights, however, shall inure to
the benefit of any assignee of the Tenant unless the assignment
to such assignee has been approved by the Landlord in writing as
aforesaid.
28. CreatioD. of Security Interests. Notwithstanding any
prohibition provided hereinbefore, the Tenant shall be empowered
to encumber by the appropriate security instrument its leasehold
interest in the Leased Premises pursuant to this Lease in favor
of a financial institution which lends monies to the Tenant to
construct any improvements to the Leased Premises. The Tenant
shall provide the Landlord with written notice of the creation of
any such security interests within three (3) days of the
existence of a security interest. No security interest or
evidence of encumbrance shall be recorded in the Public Records
of Indian River County, Florida, which contains the legal
description of the Leased Premises. The consent of the Landlord
shall not be required by the Tenant to proceed with the creation
of a security interest encumbering its leasehold interest in the
Leased Premises pursuant to this provision or pursuant to
Paragraph 13(b).
Any financial institution who lends monies to the Tenant to
construct any improvements to the Leased Premises and acquires a
security interest in the leasehold interest held by the Tenant
pursuant to this Lease shall have the right at any time during
the term of this Lease: (i) to do any act or thing required of
the Tenant pursuant to this Lease; (ii) to realize on the
security afforded by the Tenant's leasehold interest in the
Leased Premises by exercising foreclosure proceedings or power of
sale or other remedy afforded in law or in equity or by the
security documents (hereinafter sometimes collectively referred
to as "foreclosure sale") and to transfer, convey or assign the
16
title of the Tenant in the leasehold interest to any purchaser at
any such foreclosure sale, and to acquire and succeed to the
interest of the Tenant hereunder by virtue of any such
foreclosure sale; and, (iii) to cure any defaults of the Tenant
under this Lease. Provided, however that any purchaser or the
financial institution lending monies to the Tenant shall be
subject to the terms and conditions of this Lease, including the
duties and obligations of the Tenant, upon succeeding to the
leasehold interest of the Tenant.
29. FAA Approval and Reaulation. The Tenant acknowledges
that this Lease Agreement is conditioned upon the approval or a
letter of no objection issued by the Federal Aviation
Administration. Furthermore, the Tenant shall restrict the
height of structures, objects of natural growth and other
obstructions to such a height so as to comply with Federal
Aviation Regulation Part 77. The Tenant shall not use the Leased
Premises for any use which would interfere with or adversely
affect the operation or maintenance of the Sebastian Municipal
Airport, or otherwise constitute an airport hazard. The Tenant
shall not on the grounds of race, color or national origin
discriminate nor permit discrimination against any person or
group of persons in any manner prohibited by Part 21 of the
Regulations of the Secretary of Transportation.
30. Termination .Qf Existina Leas~. The existing lease
agreement between the parties hereto shall terminate upon the
receipt by the Tenant of a Certificate of Occupancy which
entitles the Tenant to occupy the clubhouse which the Tenant
intends to construct on the Leased Premises, but such lease
termination shall not affect the then existing duties and
obligations which the Tenant may have to the Landlord pursuant to
such lease agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Attest:
CITY OF SEBASTIAN
Kathryn M. O'Halloran,
CMC,AAE
city Clerk
(SEAL)
By.
W. E. Conyers, Mayor
17
Approved as to form
and content:
CHARLES IAN NASH,
City Attorney
Attest
Corporate Secretary
(corporate seal)
ITALIAN AMERICAN CLUB OF SEBASTIAN,
INC.
By~
President
18
'~ ' S C H E D U L E " A "
D E S C R I F' "[' I 0 N
A F'ARCEL. OF:' LAI'.ID SITUATE I1'4 SECTION 2~. "rowIqSl-{IP :]!,1 S[]LI"I-H.
"" t'~ ....t· r-~ ........ ,
K~I'-ILE ._)c~ EAST~ FLEMING GRAN'f', INDIAN RIVER COUI'4'TY, FL. OF:IDA, ][.,EIN~,:~
MORE F:'P',RTICLL.,-~F,L,' DESCRIBED AS FOLI_OWS:
COMMENCE AT THE NORTH [::[)RIqER OF THE'-' SAIf) SECTIOIq 29~ THENCE
S.44 '25'58"E..., A DIS'FANCE OF:' 3601.86 FEET; S.45 09'04"W., (4 /)IS--
]'ANCE [r" 1009.32 F-EET~ THEN("':E S.01 54 57"W., A DI~;:,"fAI,I[.,E OF' 963.48
FEE]'~ ]"HENCE S.44 25'58"F., 1.137.55 FEE"f'~ THENCE S.45 09'C)4"W.., A
DI.-',]ANL, E- OF 21(')0.0C) F'EET~ THENCE 1'4.44 21 '28"W., A DISIAIICE OF'
J'97'7.5C~ FEET: THENCE S.45 09'04"W., A DISTAl'ICE OF 5497.85 F'EE'r~
'THEIqCE N..1.1 47'58"W., A DISTANCE OF 821.44 FEET TO A POINT OF
CURVATLIRE OF CURVE, CONCAVE: EASTERLY, HAVING A RADIUS OF 5676.65
FEET; THENCE IqORTHERLY~ AL..ONG THE ARC OF' SAID CURVE, TFiRU A
CENTRAL. ANGLE O;i' 05 27'18", A DISTANCE OF 540.46 FEET TO THE
F'OINT OF:' BEGINNIIqG., SAID F'OINT ALSO BEING ON THF' EASTERLY RIGHT-
OF-WAY L_INE OF ROSF'LAND ROAD (80' R/W); THENCE CONTIIqUE ALONG THE
AR[i: OF SAID CURVE AND THE SAID RIGHT--OF-WAY LINE., THRU A CE:IqTR(.IL
ANGLE OF Ol 42'57", F'OR A DISTANCE OF 17A.AO FEET TO ]"HE F'OII',I'[ OF
TANGENCY; 'I"HEIxI[;E 1'4,04 37'~0"W., ALONG THE SAID RIGHT-OF-WAY L. iIqE,
A DISTANCE CIF 418..36 FEET; ]'HENCE S.89 5A'56"E. ,, A DIS'I'ANCE OF
.30(). 00 FE-"E'I': THENCE S. 00 09 ' 04"W. A D I STANCE OF: :'";.".'..:'7.60 t::EE'f;
THENCE S.45 09'C~4"1/,I,., A DISTANCE OF 551.40 FEE'T TO "filE: F'£'_lll",l"t' OF'
BEGINIqING.
CON'TAIr,.IING 2.99 AE:P, ES, MOIRE OR LESS.
F I L..[.:::
City of SebaStian
POST OFFICE BOX 780127 O SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-S330
FAX 407-589-5570
SUBJECT:
Approval of Preliminary Subdivision
Plat for River Oaks and Creek Island
Approved For Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Community Development (B.~
3/19/90
3/28/90
Exhibits: Memo dated March 7, 1990
from Planning & Zoning
Preliminary Plats for Creek Island and
River Oakes
Memo dated 3/14/90 from Bruce Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
C~ July 19, 1989 the Planning & Zoning Commission recommended to the City Council
approval of River Oaks and Creek Island preliminary plats with conditions.
River Oaks and Creek Island are part of the overall subdivision of San Sebastian
Springs.
RECOMMENDED ACTION
Move to approve the preliminary plats for River Oaks and Creek Island subject
to the final plat complying with Section 20A-17.1(H) and 20A-17.1(O) of the
Land Development Code.
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M O R A N D U M
TO:
THROUGH:
FROM:
DATE:
REFERENCE:
Mayor W. E. Conyers and
City Council
Robert S. McCiary
City Manager
Bruce Cooper ~
Director of Community Developme
)iarch 14, 1990
Preliminary Plats - Creek Island & River Oaks
(San Sebastian springs)
On July 19, 1989, the Planning and Zoning Commission
recommended to the City Council approval (with conditions) of
the above referenced preliminary plats. Attached is a
memorandum dated March 7, 1990 from the Planning and Zoning
Secretary outlining their recommendations. Staff has the
following comments to report on Planning and Zoning's
recommendations:
A. Sebastian River Flood Way has been depicted on the
plat.
B. St. John's River Water Management permits are
attached.
C. Mr. William Messersmith (City Consultant) has
confirmed that D.E.R. has relinquished their
authority to St. John's Water Mar~agement-.
D. Corps of engineers permit is attached.
E. The developer has agreed to install a central water
. ~ ~- does not e]~ct
system. In the event the deveso~er
to install a central water system, and at_ the time
of final plat, the developer will be required to
deposit in escrow with the City for the purpose of
constructing a water distribution and treatment
system, the amount of cash or a guarantee acceptable
to the City equal to 110 percent of the systems
estimated construction and installation cost as
certified by the Project Engineer and approved by
the City Engineer.
~The developer has been put on notice that all
prospective agreements for deed, purchase
agreements, leases or other contracts for sale or
exchange of lots within the flood hazard zone shall
carry a flood hazard warning statement.
At the time of final plat the applicant will be
required to demonstrate compliance with Section 20A-
17.1(H) concerning dedication of park lands or
payment in lieu of dedication.
The developer has agreed in writing to hook up to
sewer and water facilities when available.
Staff recommends that the preliminary plats for Creek Island
and River Oaks be approved subject to the final plat being in
compliance with Sections 20A-17.1(H) and 20A-17.1(0).
BC/gk
plat.doc
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE;
TO:
FROM:
THROUGH:
SUBJECT:
March 7, 1990
Mayor and City Council
o
Linda Kinchen~~j~/-~
Planning and Zoning Secretary
Bruce Cooper
Community Development Director
Preliminary Plat - River Oaks
Please be advised that the Planning and Zoning Commission has
reviewed the above project and acted accordingly with the
following recommendation:
Mr, Futlerton made a motion to recommend approval
of the submitted preliminary plat for River Oaks
subject to the contingencies listed in Dave Fisher's
letter of July 19. 1989 amended as listed below:
A) The Sebastian River Floodway as documented and
described by the Sebastian River Drainage District shall
be shown on the preliminary plat.
B) A copy of the St. John's River Water Management
Distict 40C-4. 40C-42 and Dredge and Fill permits or
signed notice of intent to issue same shall be provided.
C) A copy of the Dredge and Fill permit from the D.E.R.
or a notice of exemption shall be provided.
D) A copy of the Dredge and Fill permit from the Corps
of Engineers ora notice of exemption shall be provided.
E) The paperwork regarding the establishment of the
escrow account for the propesed water system should be
reviewed and approved by the City Attorney.
Page (~'~,,
and that on Page two of this same July 19, 1989 letter that
we recommend approval of the waiver for paragraph 7-A of
Section 20A-10.2(H) of the City Land Development Code as
recommended by staff.
also that a waiver be granted for- section 20A-10.2(G)
3} That the Developer comply with Section 20A-i0.2 H-TK-
iii pertaining %o flood hazard warnings.
4) That the developer will comply w~th section 20A-i.iH
regarding dedication of par]< lands.
5) That the developer will comply with state regulations
regarding mandatory hook-up for sewer and water when
available.
The second on this motion was made by Mrs. Taylor.
Mr. Gilcher made a motion to amend the main motion to add
item F. - to Dave Fisher's letter - Item F being A copy of
the Indian River County Health Department review of potable
water and sewage disposal plans for this plat shall be
provided and judged acceptable by the City Engineer. Second
on the amendment was made by Mr. Thompson.
A roll call vote on this Amendment resulted in a 6-1 approval
with Chairman Krulikowski voting Nay (no reason stated in
minutes.)
A roil call vote on the main Mot. ion resulted in a 6-1
approval with Chairman Krulikowski voting Nay (no reason
sta~ed in minutes.)
City of Sebastian
POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE;,
TO:
March 7, 1990
Mayor and City Council
FROM:
THROUGH:
SUBJECT:
Linda Kinchen ~~~
Planning and Zoning Secretary
Bruce Cooper
Community Development Director
Preliminary Plat - Creek Island
Please be advised that the Planning and Zoning Commission has
reviewed the above project and acted accordingly with the
following recommendation:
Mr. Thompson made a motion to recommend approval of the
submitted preliminary plat for Creek Island subject, to
the contingencies listed in Dave Fisher's letter of July
19, 1989 amended as listed below:
A) The Sebastian River Floodway as documented and
described by the Sebastian River Drainage District shall
be shown on the preliminary plat.
B) A copy of the St. John's River Water Management
Distict 40C-4, 40C-42 and Dredge and Fill permits or
signed notice of intent to issue same shall be provided.
C) A copy of the Dredge and Fill permit from the D.E.R.
or a notice of exemption shall be provided.
D) A copy of the Dredge and Fill permit from the Corps
of Enc~ineers or a notice of exemption shall be provided.
E) The paperwork regarding the establishment of the
W~ ~.el ._, em shou id be
escrow account for the proposed sy~t
reviewed and approved by the C
?age (2)
and that on Page ~w¢, of this same July 19. 1989 letter that
we recommend approval of the waiver for paragraph 7-A of
Section 20A-10.2(H) of the City Land Development Code as
recommended by staff.
2) That the Developer comply with Section 20A-10,2 H-TK-
iii pertaining to flood hazard warnings.
3) That the developer will comply with section 20A-i.iH
regarding dedication of park lands.
4i That the developer will comply with state regulations
regarding mandatory hook-up for-sewer and water when
available,
The second on ~h~s motion was made by Mr. s~lcher.
A roll call vote on this motion resulted in a 6-1 approval
with Chairman Krulikowski voting Nay [no reason stated in
mlnutes.)
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: ~
Approval of Preliminary Subdivision
Plat for Fischer Island
Approved For Submittal By:
City Manager
AGenda No.
Dept. OriGin Community Development (BC!,~
Date Submitted 3/19/90
For Agenda Of
3/28/90
Exhibits:
Preliminary Plat for Fischer Island
Memo dated 3/19/90 from Bruce Cooper
Memo dated 3/7/90 from Planning & Zoning
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On February 1, 1990, the Planning & Zoning Commission recommended to the City
Council approval (with conditions) of Fischer Island Preliminary Subdivision
Plat. Fischer Island is part of the overall subdivision of San Sebastian Springs.
RECOMMENDED ACTION
Move to approve the preliminary plat for Fischer Island subject to the conditions
imposed by the Planning & Zoning Commission as outlined in their memo dated
March 7, 1990.
City of Sebastian
POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
TO:
THROUGH:
FROH:
DATE:
REFERENCE:
M E M O R A N D U M
Mayor W. E. Conyers and City Council
Robert McClary
City Manager
Bruce Cooper //./~7~
Director of Community Deve~.opme~
March 19, 1990
Preliminary Plat
On February I, 1990, the Planning and Zoning Commission
recommended to the City Council approval (with conditions) of
Fischer Island. Attached is a memorandum dated March 7, 1990
from the Planning arid Zoning Secretary outlining 'their
recommendation. Staff has the following comments to report
on Planning and Zoning conditions:
1. Formal agreement has been submitted.
City Council must decide on the request to waive the
dedication of park lands. The Planning and Zoning
Commission has recommended not to approve the
waiver.
City Council must. decide on 'the, request to waive
street lighting. Planning and Zoning Commission
recommends that this waiver be granted.
4. Applicant has been put on notice.
5. This item has been provided.
6. Preliminary Plats have been sealed.
7. H.R.S. comments have been provided.
Staff recommends that the prelimina"} ll:ia't
Island be approved sublect ~c, any condltio::s or
approved by City Council.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE;,
TO:
FROM:
THROUGH:
SUBJECT:
March 7, 1990
Mayor and City Council
Linda Kinchen ~~,~,3
Planning and Zoning Secretary
Bruce Cooper
Community Developmen~ Director
Preliminary Plat - Fischer island
Please be advised that the Planning and Zoning Conm~ission has
reviewed the above project and acted accordingly with the
following recommendation:
Mr. Thompson made a motion to recommend approval
of the submitted preliminary plat and supplemental
information for Fischer Island subject to the items
listed in the January 26, 1990 TRC letter as listed
below:
1) Applicant to sign formal agreement to hook up
t.o public water andor sewer when available, including
escrow requirements per land development code.
2) Applicant to provide det.~ited calculations regarding
dedication or payment in lieu of parks and recreation
land as required by LDC. section 20A-17.l (H),
(Applicant is requestinc a waiver of these
requirements). This item has been provided.
3) Applicant is requesting a waive:' from LDC section
20A-!7.1(N) requirina street liahting. Staff has no
objection to waiver request if applicant provides
lighting at driveway entrances prior to issuance of
certificate(s) of Occupancy for each lndividua] lot
long as s%reets are pr:vat, ely mainr_ained and not
dedicated to the city.
(Planning and Zonins Conc:ur'~-w~t]-~ ,.~T~,ff reco~et'~dat~on
Page
4} Applicant tc, provides assurances, including formal
calculations arid phys~ica! monuments, that sand removed
from Fischer island subdivision lake excavation will not
be %a]<en off site.
Fischer Island subdivision lake excavation is not part
c~f current sand mining permit in San Sebastian Springs
West preiiminary subdivision. Survey monuments to be in
place at sr~a:"~ of Fi~scher island lake excavation
assist in /dentification of separate construction and
Applicant nc provide overview of project
li..,uIl~.~ior'i wizri adjacellt, pr¢,ject, s arid futui'-'e
deve',opment.'-~. ,~Thie item has been provided
Preliminary Plat drawings to be sealed
?'} Co~nen%s from HRS to be provided.
and that e waiver not be approved for section 20Ai.i(H) of
the Land Development Code.. Second on the motion was made by
Mr. Sh,:"oyer.
The roil call vote on this mo5ion was 4-3 in favor of it=.,
passage. The three members who voted no .=:rated that their
only reason for voting no was that they felt the Recreational
waiver' requested ~or Section 20Ai,i(H} should be granted.
City of Sebastian
SUBJECT: Staffing
Ordinance 0-90-01
Approved For Submittal By:
CityManager
POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
qo
Plan for ) Agenda No. '
)
) Dept. Origin: Community Developme~
)
) Date S~bmltte~: 03122/90
)
) For Agen4a Of: 03/28/90
)
) Exhibits: Memo from Bruce Cooper
) dated 3/22/90
)
) - Minutes of 02/07/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
STATEMENT
On February 28, 1990 the City Council approved on first reading
Ordinance 0-90-01. This ordinance will allow the
Construction/Licensing Board increased authority, as permitted by
state statutes, to regulate and discipline contractors licensed
by the board. If the ordinance is adopted on second reading, the
City Council will need to approve a staffing plan to implement
its provisions.
RECOMMENDED ~CTION
Move to approve the additional personnel for Community
Development Department as outlined in Bruce Cooper's memo dated
03/22/90.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
REFERENCE:
Mayor W. E. Conyers and City Council
Robert S. McClary
City Manager
Bruce Cooper
Director of Community Developmen
March 22, 1990
Ordinance 0-90-01
The proposed ordinance before the City Council (0-90-
01), was approved on first reading. If adopted, it will
accomplish two major objectives.
1. It will allow the Construction/Licensing Board
increased authority, as permitted by state statues, to
discipline contractors. This would also apply to state
certified contractors with certain restrictions defined
by the State.
2. It will require 33 different types of trades to be
licensed by the Board, and 21 of those trades would be
required to pass an examination proctored by Block and
Associates.
Sebastian is currently, similar to many other
communities, experiencing an increase in unlicensed activity.
This could be mainly attributed 'to the amount of construction
the city is experiencing today and can expect in the future
if current trends continue. As presented in a preamble of the
Department of Community Development in the 1989-1990 fiscal
budget, I substantiated the work load for the existing staff
to be at a maximum.
To properly complement and enforce the ordinance or:
unlicensed activity, I would propose the City Council
authorize two part-time positions. One position would
enforce license requirements set. forth by this proposed
ordinance. This employee would be required to work at least
one weekend day due to the amount of unlicensed activity
on the weekends.
The second part-time position would assist enforcement
of the license activities of contractors, but the employee
would also be qualified to do building inspections as a
backup building inspector.
I would also respectfully request the City Council
approve an additional Clerical Assistant I position for the
Building Department. Currently, a Clerical Assistant I and
a Clerical Assistant II is operating the building permit
activity. The Clerical Assistant I also serves as Secretary
to the Code £nforcement Officer and Board. Until recently,
the two clerlc~ positions handled the operations of the
permitting and inspection services along with the typing for
all administrative personnel. With the existing increase of
licensing of contractors and projections of this activity
increasing further, I transferred the Code Enforcement
Administrative duties from'the Construction/License Secretary
to the building clerical I position. This has now placed a
burden on the workload for the two clerical positions.
The Construction/Licensing Board is holding in
abeyance proposed increases in the licensing and examination
fees until the proposed ordinance is adopted. With the
increase of fees and the projection of additional testing,
the increased revenue should reimburse the salary of a
Clerical Assistant I position.
BUDGET REQUIREMENTS FOR ADDITIONAL PERSONNEL
PART TIME CODE ENFORCEMENT OFFICER
Hourly rate (Step I)
29 hours a week @ 52 weeks w,'F.i.C.A.
S 6.97
$ ii ~!4 8~
PART TIME BUILDING iNSPECTOR II
Hourly rate (Step 1)
29 hours a week @ 52 weeks w/F.I.C.A.
$ 8.89
$ 14,431.69
PERMANENT CLERICAL ASSISTANT I
Hourly rate (Step I)
Annual salar]- w,'benefi[.s
287.59
Total proposed in personP, el costs S 44,~!6.82
.... · . .~. ................ ,j , .~'~, ~."']~ ~'..'"'"
. ' " , .'.,' . . ....... "
. ',~, , , ..,~... ~.......~ .~ ..~.~.~'.,. ',~ ',,,.~.-~ ,~,'.',~ .?...> , · ,
' -. . , ",,',~'~.~., ,...., - '~_:c(f.,j: ~', .~'' ' .'~' . ~ '.
, , , . ., . , , ,. ,.. ,. ,.., , . ~.~?'.>,'~.~'~..~'~' ..... .... ..
. . . . ,.. .. .. ~,..,~.,~. ~..-,~.'~j. ~ '. ~,..
· , , . , . '~} . .
The City of .Sebastian~'~is~'~.=he~ 9'~. fastest g~owing uity in
Sta~e ~f Plorida.",.~.This g~owth is'projeuted on one the
factor, building, uermit- ~ ....... : ..... major
Attached~ are l~J-'2u--~i .T~'. "=7 -~,~.~e xaml~y residences.
' -..~ ~.=ru~ ~n~lca=ing =~e amount of single
family permits issued.since October of 1986. Fiscal years of
1986/87 averaged 34.4 homes/ mo.,' fiscal 1987/88 averaged
27.1 and fiscal 1988/89 has'averaged 37.7. These amounts
averaged 33 homes a' month for the last 3 fiscal years. The
Building Departmen~'averages over 460 inspections a month or
12
inspections a day:per' inspection. Considering 1 hour out
of Uh~ 8 hours' a day-are spent in the office conducting plan
review and assisting general, p~blic', that leaves 6 hours for
field ~nspec~ions.'~ Taking"in account 1.5 hours of travel
time f~r-50 miles/daY,'that"leaves 4.5 hours for the actual
· nspections or approximately 20 'minutes per inspection. In
my opinion, if the' construction.COntinues to increase as in
the past, inspections will,not be given adequate time by the
inspector, which should' not be compromised
· .~, ~'%.,. ,: ,' ~..~-. ,,
.With the inorea,e' f Population,' the reported Code
Enforcement violation.,.will',also increase. Sin~e the hiring
of the new Code Enforcement'"'Officer.3 months ago, reporUed
violations'have'inureased~300%. With one administrative
assistant processing~all-.'the~neeessary paperwork involved and
the workload of,.uOnstruc=ion~liuensing for uontraetors on the
increase, this again is an. area that could justify additional
personnel, if this. pat~.ern eontinues.
City Council Workshop
February 7, 1990
Page Four
The City Manager said GDC had expressed an interest
in working with the city on these issues and that
staff could address them before the next meeting and
report to Council, although backup won't appear in
Council packets. Council concurred.
90.040
This item was placed on the February 14, 1990 agenda.
Discuss Rebroadcasting City Council Meetings on
the Follo~in~ Day ~Requeste~ by Vice Mayor --
McCarthy ~ No Backup)
Following a discussion on the matter of
rebroadcasting City Council meetings and input from
Ken Vickers, General Manager, Falcon Cable, Council
concurred that Mr. Vickers would install an audio
switching mechanism in City Council chambers at
Falcon's expense and that when the installation is
done, rebroadcasts will be aired on the Friday
mornings following meetings.
89.228
Review Personnel Re-Classification Requests (City
Manager Recommendation dated 2/1/90, Summary of
General Fund Reqgests, Memo from Citer Manager--
dated 11/29/89)
Following discussion of recommended personnel re-
classification requests, the item was placed on the
February 14, 1990 agenda for action. The City
Manager said a budget amendment would be prepared.
89.156
Mayor Votapka called recess at 8:40 p.m. and
reconvened the meeting at 8:54 p.m. Ail members were
present.
Review Ordinance No. 0-90-01 - Contractor
Licensing (Staff Recommendation dated 1/18/90,
O-90-01)
City Council reviewed the ordinance and minor
amendments were made. Council concurred with the
recommended action of the City Manager to schedule
first reading of the ordinance, although it was set
for February 28, 1990 to allow time for correction by
the City Attorney.
The City Manager said recommendations would be
presented to Council regarding additional personnel
for the Department of Community Development at or
prior to second reading of the ordinance.
4
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Airport Drive Bast
Improvement
Approved For Submittal By:
Cit~ Manager ,~
Agenda NO. ~P' ~ ~
Dept. Origin: Airport
Date Submitted: 03/22/90
For Agenda Of: 03/28~90
Exhibits: Memo from David
Fisher, dated 03/22/90
EXPENDITURE
REQUIRED: $10,000
AMOUNT
BUDGETED
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Upon request of the Airport Manager, the City Engineer has
recently inspected and evaluated the condition of the pavement
for Airport Drive East. Airport Drive East is approximately
1,700 feet in length and serves two (2) tenants: Sebastian
Municipal Golf Course and J & S Aviation. These tenants pay
annual rent of $42,600 and $3,600 respectively. The city
Engineer has determined that the street could not effectively be
patched but could be salvaged with an asphalt overlay and a
culvert replacement for a cost not to exceed $10,000. This work
should not be done as a part of the city's street improvement
program in that it is an interior street on airport property and
not a dedicated street right-of-way and, therefore, improvements
would not be an eligible expenditure from the County Option Gas
Tax Fund.
Airport Drive East will likely remain in its present location
regardless of the outcome of the compatibility study in that
there is no apparent conflict between Airport Drive East and any
of the alternatives identified in Section IV of the Scope of
Services approved by the City Council at its Special Meeting of
March 21, 1990. Additionally, this improvement would not violate
paragraph 12 of the Agreement of Principle with the FAA since
this would not be action that would alter the character of the
airport. Finally, this improvement would be within those
authorized by paragraph 7 of the City Charter which would not
require prior voter approval
BECOMMENDED ~CTION
Move to authorize the City Manager to effect improvements to
Airport Drive East for a cost not to exceed $10,000.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMO
DATE:
TO:
FROM:
RE:
22 MARCH 90
ROBERT S. McCLARY, CITY MANAGER W~
DAVE FISHER, ENGiNEERING/PUBLIC
REQUEST FOR APPROVAL TO PAVE AIRPORT ROAD/EAST
Airport Manager has requested Public Works Department to
arrange for pavement repairs for Airport Road/East from the
Golf course entrance to the airport office.
We have inspected the subject roadway and conclude the
following:
1) Subject road badly needs repairs for its entire surface
area of approximately 1700 if x 18 feet wide.
2) Treating existing potholes by isolated patching is not an
effective repair due to extent of holes and the thinness
of the existing pavement. Most effective treatment is to
overlay the entire subject road surface with asphalt, 1"
to 1 1/2" thick as required.
3) The estimated maximum cost of such overlay work,
including replacement of an existing culvert, is $.~0t000.-
It can probably be accomplished for around $7000 if the
thickness of asphalt overlay is kept to a maximum of 1".
4) We can easily arrange to have the work done by our
current asphalt contractor but do not have any monies
budgeted for Airport Road/East in our current street
Improvement Program.
5) It is our understanding the cost of any such improvements
would be borne by the Airport itself.
Please advise what action in this matter.
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 28, 1990 - 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 Bruce Havens, United Church of
Sebastian
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
new #
A. Proclamation - Pelican Island Garden Club
7. PUBLIC HEARING, FINAL ACTION
89.032
ORDINANCE NO. 0-89-19 - Comprehensive Land Use
Plan - PH Continued from March 14, 1990
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
COMPREHENSIVE PLAN; AMENDING ARTICLE III OF CHAPTER
20 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 20-51 OF THE CODE OF
ORDINANCES PERTAINING TO THE COMPREHENSIVE PLAN;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
89.156
INCLUSION iN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/9/89,
1st PH 8/23/89, Transmitted to DCA, 2nd PH Advertised
1/4 Page 2/7/90, 2nd PH 2/14/90, 2nd PH continued to
3/14/90, Advertised 1/4 Page 3/7/90, PH continued to
3/28/90, Advertised 1/4 Page 3/21/90)
B. ORDINANCE NO. 0-90-01 - Contractor Licensing
(Staff Recommendation dated 3/22/90, Director of
Community Development dated 3/22/90)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 2-93
PERTAINING TO THE JURISDICTION OF THE SEBASTIAN CODE
ENFORCEMENT BOARD; AMENDING ARTICLE VII OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS; AMENDING SECTION 7-91 TO PROVIDE FOR
ADDITIONAL DEFINITIONS; AMENDING SECTION 7-92 TO
PROVIDE FOR INVESTIGATORS TO ASSIST IN THE
ENFORCEMENT OF ARTICLE VII; AMENDING SECTION 7-92.2
PERTAINING TO THE POWER OF THE SEBASTIAN CONSTRUCTION
BOARD TO REVIEW VIOLATIONS OF ARTICLE VII; AMENDING
SECTION 7-98 PERTAINING TO PUBLIC ACCESS TO RECORDS;
AMENDING SECTION 7-99 PERTAINING TO CERTAIN
PROHIBITED ACTIVITIES; AMENDING SECTION 7-100
PERTAINING TO REVOCATION OR SUSPENSION OF
CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101
PERTAINING TO THE APPLICATION OF ARTICLE VII TO OTHER
MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102
PERTAINING TO EXEMPTIONS FROM ARTICLE VII; AMENDING
SECTION 7-103 PERTAINING TO REFERENCES TO THE
BUILDING OFFICIAL; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR THE REQUIRING OF PAYMENT AND
PERFORMANCE BONDS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS;
PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst Reading
2/14/90, Advertised 3/14/90, PH 3/28/90)
8. PUBLIC INPUT
A. Non-Agenda Items
B. Agenda Items
9. CONSENT AGENDA
2
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10.
Approval of Minutes - 3/7/90 Special Meeting/
Workshop, 3/14/90 Regular Meeting, 3/19/90
Special Meeting, 3/21/90 Special Meeting
B. RESOLUTION NO. R-90-14 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTiAN,-INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SIX FEET OF LOT 12 AND THE EAST SIX FEET OF
LOT 13, BLOCK 212, UNIT 8, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
6/11, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
Bid Award - Golf Course - Twenty Two Tons
Fertilizer - Kaiser/Estech of Ft. Pierce -
$4694.80 (Staff Recommendation dated 3/20/90, Bid
Tabulation Form)
Bid Award - Police Department - Glock Firearms
and Leather - Firearms - Eastern Guns of South
Miami - $6360 - Leather - Oaks Wholesale
Distributors of Rockledge - 81360.16 (Staff
Recommendation dated 3/16/90, Bid Tabulation
Form)
E®
Bid Award - Parks Department - Riding Tractor -
Goodknight Lawn Equipment of Vero Beach - 82711
(Staff Recommendation dated 3/16/90, Bid
Tabulation Form)
Request for Use of Riverview Park - March of
Dimes - Fish Fry - 4/14/90 (City Manager
Recommendation dated 3/22/90, Letter from D.
Judah dated 3/20/90)
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Reappointment of Robert Fullerton - 4/90 to
4/93 (Staff Recommendation dated 3/15/90,
Memo from P & Z dated 3/12/90, Memo from
Fullerton dated 2/28/90)
88.063
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12.
13.
OLD BUSINESS
A.
RESOLUTION NO. R-90-15 - Italian/American Club
Lease (Staff Recommendation dated 3/21/90, Memo
from Director of Community Development'dated
2/20/90, Resolution and Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY,
A LEASE AGREEMENT WITH THE ITALIAN AMERICAN CLUB
OF SEBASTIAN, INC. FOR THE LEASE OF CERTAIN REAL
PROPERTY OWNED BY THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, LOCATED AT THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
NEW BUSINESS
Approval of Preliminary Subdivision Plat - River
Oaks and Creek Island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Development dated 3/14/90, 2 Memos from P & Z
dated 3/7/90, Plats)
Approval of Preliminary Subdivision Plat -
Fischer Island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Development dated 3/19/90, Memo from P & Z dated
3/7/90)
14. MAYOR'S MATTERS
15.
16.
A. Appointment of City Councilman as Member to
Indian River County Transportation ,PlanninG
Committee (No Backup)
c0 Nc ,. MATT .RS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
CITY ATTORNEY MATTERS
4
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17. CITY MANAGER MATTERS
A. Airport Drive East Improvements
18. 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.)
5
9O.O9O B.
Approve Staffing Plan to Implement Ordinance No.
O-90-01 (Staff Recommendation dated 3/22/90,
Director of Community Development dated 3/22/90,
2/7/90 City Council Minutes)
18. ADJOURN
18
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 28, 1990 - 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 Bruce Havens, United Church of
Sebastian
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
90.079
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Pelican Island Garden Club
2
89.032
PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. O-89-19 - Comprehensive Land Use
Plan - PH Continued from March 14, 1990
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE -
COMPREHENSIVE PLAN; AMENDING ARTICLE III OF CHAPTER
20 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 20-51 OF THE CODE OF
ORDINANCES PERTAINING TO THE COMPREHENSIVE PLAN;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/9/89,
1st PH 8/23/89, Transmitted to DCA, 2nd PH Advertised
1/4 Page 2/7/90, 2nd PH 2/14/90, 2nd PH continued to
3/14/90, Advertised 1/4 Page 3/7/90, PH continued to
3/28/90, Advertised 1/4 Page 3/21/90)
3
89.156 B. ORDINANCE NO. O-90-01 - Contractor Licensing
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 2-93
PERTAINING TO THE JURISDICTION OF THE SEBASTIAN CODE
ENFORCEMENT BOARD; AMENDING ARTICLE VII OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS; AMENDING SECTION 7-91 TO PROVIDE FOR
ADDITIONAL DEFINITIONS; AMENDING SECTION 7-92 TO
PROVIDE FOR INVESTIGATORS TO ASSIST IN THE
ENFORCEMENT OF ARTICLE VII; AMENDING SECTION 7-92.2
PERTAINING TO THE POWER OF THE SEBASTIAN CONSTRUCTION
BOARD TO REVIEW VIOLATIONS OF ARTICLE VII; AMENDING
SECTION 7-98 PERTAINING TO PUBLIC ACCESS TO RECORDS;
AMENDING SECTION 7-99 PERTAINING TO CERTAIN
PROHIBITED ACTIVITIES; AMENDING SECTION 7-100
PERTAINING TO REVOCATION OR SUSPENSION OF
CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101
PERTAINING TO THE APPLICATION OF ARTICLE VII TO OTHER
MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102
PERTAINING TO EXEMPTIONS FROM ARTICLE VII; AMENDING
SECTION 7-103 PERTAINING TO REFERENCES TO THE
BUILDING OFFICIAL; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR THE REQUIRING OF PAYMENT AND
PERFORMANCE BONDS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS;
PROVIDING THAT THE ORDINANCE iS SUPPLEMENTAL;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst Reading
2/14/90, Advertised 3/14/90, PH 3/28/90)
4
PUBLIC INPUT
A. Non-Agenda Items
None received.
B. Agenda Items
9. CONSENT AGENDA
Approval of Minutes - 3/7/90 Special Meeting/
Workshop, 3/14/90 Regular Meeting, 3/19/90
Special Meeting, 3/21/90 Special Me-eting
90.080
B. RESOLUTION NO. R-90-14 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SiX FEET OF LOT 12 AND THE EAST SIX FEET OF
LOT 13, BLOCK 212, UNIT 8, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
6/11, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
90.081
~id Award - Golf Course - Twenty Two Tons
Fertilizer - Kaiser/Estech of Ft. Pierce -
$4694.80 (Staff Recommendation dated 3/20/90, Bid
Tabulation Form)
90.082
yBid Award - Police Department - Glock Firearms
and Leather - Firearms - Eastern Guns of South
Miami - 86360 - Leather - Oaks Wholesale
Distributors of Rockledge - $1360.16 (Staff
Recommendation dated 3/16/90, Bid Tabulation
Form)
90.083
id Award - Parks Department - Riding Tractor -
oodknight Lawn Equipment of Vero Beach - $2711
(Staff Recommendation dated 3/16/90, Bid
Tabulation Form)
90.084 F.
Request for Use of Riverview Park - March of
Dimes - Fish Fry - 4/14/90 (City Manager
Recommendation dated 3/22/90, Letter from D.
Judah dated 3/20/90)
6
10. PRESENTATIONS
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
90.085
Reappointment of Robert Fullerton-- 4/90 to
4/93 (Staff Recommendation dated 3/15/90,
Memo from P & Z dated 3/12/90, Memo from
Fullerton dated 2/28/90)
7
12. OL_~D BUSINESS
88.063 A.
RESOLUTION NO. R-90-1§ - Italian/American Club
Lease (Staff~ecommendation dated 3/21/90, Memo
from Director of Community Developmen% dated
2/20/90, Resolution and Lease)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY,
A LEASE AGREEMENT WITH THE ITALIAN AMERICAN CLUB
OF SEBASTIAN, INC. FOR THE LEASE OF CERTAIN REAL
PROPERTY OWNED BY THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, LOCATED AT THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
8
13. NEW BUSINESS
90.086 A.
Approval of Preliminary Subdivision Plat - River
Oaks and Creek island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Development da%ed 3/14/90, 2 Memos from P & Z
dated 3/7/90, Plats) -
9
90.087 B.
Approval of Preliminary Subdivision Plat -
Fischer Island (Staff Recommendation dated
3/19/90, Memo from Director of Community
Development dated 3/19/90, Memo from P & Z dated
3/7/90)
10
14. MAYOR'S MATTERS
90.088 A. Appointment of City Councilman as Member to
/--~ Indian River County Transportation Planning
Committee (No Backup) ·
11
15.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
12
B. Councilman McCollum
13
C. Councilman Powel 1
14
90.089
17.
CITY MANAGER MATTERS
Airport Drive East Improvements (City Manager
Recommendation dated 3/22/90, Memo from Interim
City Engineer dated 3/22/90)
1'7