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HomeMy WebLinkAbout04101991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 91.107 91.108 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 10, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend R. Harold Lee - First Baptist Church of Sebastian 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - American Library Week - 4/14/91 through 4/19/91 7. PRESENTATIONS A. Dobson, Bjerning, Duffey & Rosenfield - Audit Report - FY Ended 9/30/90 (Audit Report) 91.084 91.109 91.110 91.086 91.111 10. 8. PUBLIC HEARING, FINAL ACTION ORDINANCE NO. O-91-09 - Vacating Portions of Main Street Right-of-Way (0-91-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN PORTIONS OF THE ROAD RIGHT-OF-WAY OF MAIN STREET, AS IT EXISTED PRIOR TO REALIGNMENT; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/13/91, Advertised 3/27/91, PH 4/10/91) 9. PUBLIC INPUT A. Non-Agenda Items Pelican Island Jaycees - Request Use of Riverview Park - Youth Art Festival - 5/5/91 Rain Date 5/12/91 (Staff Recommendation dated 4/4/91, Dillahay Letter dated 3/27/91) B. A~nda Items CONSENT AGENDA Approval of Minutes - 3/27/91 Regular Meeting 4/3/91 Special Meeting, 4/3/91 Workshop Approval of Public Official Surety Bond - $563 (Staff Recommendation dated 4-4-91, Code Sec. 2- 73(a),(b)) Waiver of Bidding Procedure - Schumann Park Football Field Improvements - Authorize Purchase of 45,700 Sq. Ft. Bahia Sod Installed - B & T Sod of Sebastian - $4,113 (Staff Recommendation dated 4/2/91) Waiver of Bidding Procedure - Public Works Truck for Parks Department - Ford F-250 HD Pickup - State Contract - Dural Ford of Jacksonville - $12,600 (Staff Recommendation dated 4/10/91, Thomas Memo dated 4/4/91, Duval Letter dated 4/3/91) 2 91.102 91.053 91.015 91.112 91.113 Resolution No. R-91-14 - Mutual Aid Agreement - City of Sebastian and Vero Beach (R-91-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-91-15 - St. Sebastian PUD Conceptual Development Plan Time Extension (Staff Recommendation dated 4/4/91, Recommendation from 2/13/91, R-91-15) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR THE SUBMISSION OF A PRELIMINARY DEVELOPMENT PLAN FOR THE ST. SEBASTIAN PUD(R) RESIDENTIAL PLANNED UNIT DEVELOPMENT WHICH CONSISTS OF A PARCEL OF LAND APPROXIMATELY 316 ACRES IN SIZE LOCATED IN THE NORTH CENTRAL AREA OF THE CITY, APPROXIMATELY ONE-QUARTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROAD 5, NORTH OF MAIN STREET, EAST OF AIRPORT DRIVE EAST, AND WEST OF GIBSON STREET; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Schedule April 24, 1991 Public Hearing for Termination of Collier Place PUD Conceptual Development Plan - Adopted by Ordinance No. 0-89-08 (No .~dditional Backup) Sebastian Area Civic Association, Inc. - Request for Fee Waiver for Use of Yacht Club - Scholarship Presentation - 5/10/91 - 7 - 9 p.m. (Application, Campbell Letter dated 3/26/91) Italian/American Club - Request for Use of A/B at Community Center - Dance - 12/31/91 - 4 p.m. to 1:30 a.m. - Charles Pullara Permittee - DOB 2/24/32 - Security on Hold (Application) 3 91.028 91.103 91.114 91.115/ 89.003 91.025 11. 12. 13. Ambassador's - Request for Fee Waiver for Use of Community Center - 4th of July Committee Organization Meeting - 4/10/91 - 7 p.m. to 11 p.m. (Application, Beams Letter dated 4/10/91, Beams Letter dated 3/25/91, Prior Council Motions) Coast Guard Auxiliary - Request for Use of Yacht Club Parking Lot for Vessel Examinations (City Manager Recommendation dated 4/4/91) Dennis Dernbach Permittee - Request for Use of A/B at Yacht Club - Communion Party - 4/26/91 - 4 p.m. to 8 p.m. - DOB 11/23/60 - Security Paid (Application) COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS - None NEW BUSINESS A. RESOLUTION NO. R-91-13 - FAA Grant Agreement (City Manager Recommendation dated 4/10/91, FAA Letter dated 3/25/91, Nash Opinion Letter dated 4/1/91, R-91-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, (THE "FAA"), ACCEPTING THE GRANT OFFER MADE BY THE FAA IN A FORM IDENTICAL TO THE GRANT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATF. Bid Award - Golf Course Parking Lot (Staff Recommendation dated 4/4/91, Letter from Ranger Const., Cathco Bid with Exception, Bid Tabulation Form) 14. MAYOR'S MATTERS 4 15. 16. 17. 18. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS CiTY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5 ORDINANCE NO.: O-91-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN PORTIONS OF THE ROAD RIGHT-OF-WAY OF MAIN STREET, AS IT EXISTED PRIOR TO REALIGNMENT; PROVIDING FOR THE PRESERVATION OF CURRENTLY EXISTING PUBLIC UTILITY EASEMENTS; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, (hereinafter the "City Council"), in order to provide a safer roadway for the residents of the City of Sebastian, approved a plan whereby a portion of Main Street would be realigned from what was formerly the western entrance to a certain platted right-of-way known as Yucca Court (which has since been abandoned pursuant to Ordinance O-85-13), to the western boundary where the City Hall for the City of Sebastian, Indian River County, Florida, is currently located; and WHEREAS, the realignment of Main Street has recently been completed and the City Council has determined that certain portions of the road right-of-way of Main Street, as it existed prior to realignment, no longer serve the public interest and necessity as regards to the future growth of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. vacation of Right-of-Way. The City of Sebastian, Indian River County, Florida, hereby vacates those portions of the road right-of-way of Main Street, as it existed prior to realignment, which are described in Exhibits "A" through "F" attached hereto and incorporated herein by this reference. Section 2. Preservation of Easements. Notwithstanding any provision contained in this Ordinance to the contrary, the vacation of those portions of the road right-of-way of Main Street, as it existed prior to realignment, which are described in Exhibits "A" through "F" attached hereto and incorporated herein by this reference, shall not operate to terminate any public utility easements currently existing in said right-of-way unless the public utilities which currently have an interest in such public utility easements shall consent in writing to ,the vacation of any such public utility easements. Section 3. ~ecordl~g. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. Conflict. Ail Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. Severabi!ity. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. Effective Date. This Ordinance shall become effective immediately upon recording this Ordinance in the public records of Indian River County, Florida after its passage by the City Council. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman , and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Ka{hryn M. O'Halloran, CMC/AAE City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the vero Beach Press Journal as required by State Statute, that one public hearinG was held on this Ordinance at 7:00 p.m. on the day of , 1991, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. 0'Ha~loran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, Ci{~ Attorney 4 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: PELICAN ISLAND JAYCEE'S REQUEST TO USE RIVERSIDE PARK Approved For Submittal City Manager .... ) Agenda No. 9/,/~ ) ) Dept. Origin Community Deve~qPmeBt/g~ ) (Be W~C__ ) Date Submitted 4/04/91 ) ) For Agenda Of 4.~10/91 ) ) Exhibits: ) Letter dated 3/27/91 from Stan ) Dillahay, Jr. ) EXPENDITURE REQUIRED, AMOUNT BUDGETED, APPROPRIATION REQUIRED: SUMMARY STATEMENT The Pelican Island Jaycee's are requesting the use of Riverside Park for a Youth Art Festival on May 5, 19:91, or a rain date of May 12, 1991. RECOMMENDED ACTION Move to approve the request from Pelican Island Jaycee's to use Riverside Park for a Youth Art Festival on May 5, 1991, or a rain date of May 12, 1991 subject to: 1. $100.00 security deposit, 2. No vehicles within the park, 3. Applicant to provide sufficient waste receptacles and cleanup after the event, 4. No alcohol beverages are permitted within the park, 5. All displays must be clear of sidewalks and entranceways, 6. Applicant must have approva.1 from Indian River County Environmental Health. RECEIVED i'iAP, March 27, 1991 Pelican Island Jaycee's P.O. Box 782122 Sebastian, F1 32978 Sebastian City Council Sebastian, Fi Dear Si rs, Pelican Island Jaycee's would like to use Riverside Park for a Youth Art Festival on May 5th 1991, or if a rain day, May 12th. Activities will consist of the Art Show, children's %~ames, bake sale, food and beverage, crafts, a health clinic for the elderly, D.A.R.E. and musical entertainment. All proceeds will go to the Environmental Learninc3 Center. Thank you, Stan Dillahay Jr. Pres i dent City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Approval of Public Official Surety Bond Approved For Submittal By: City Manager /~/~" Agenda No. Dept. Origin Date Submitted For Agenda of Finance (LWN) 4r...4ngl 4-10-91 Exhibits: City Code Sec. 2-73(a),(b) EXPENDITURE REQUIRED: $563.00 AMOUNT BUDGETED:$ 132,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian currently has a Public Official Bond covering the faithful performance of the duties of the Finance Director that names an individual and it must be changed if the individual in the position is no longer serving in that capacity. The best approach is to change from an individual coverage to a position coverage that names the individual in that capacity and only the name need be clanged as required and not the surety bond. City Code Section 2-73 (a) and (b), as attached, requires at least a $25,000 bond be posted and paid for by the City, but staff and our external auditors recommend at least a $100,000 bond. The cost of a $25~000 bond is $188. per year and the cost of the $100,000 position bond is $563.00 per year. RECOMMENDED ACTION Move that a position coverage surety bond naming the Finance Director be authorized for the sum of $100,000.00 with an annual premium of $563.00 through the Florida League of Cities. Inc. Public Risk Services. ADMINISTRATION § 2-74 DIVISION 2. FINANCE DEPARTMENT* Sec. 2-71. Created. There shall be a department of finance, the head of which shall be the director of finance, who shall be appointed by the mayor, and shall be subject to the confirmation of the city council. (Ord. No. 0-80-11, § 1, 5-12-80) Sec. 2-72. Director of finance--Qualifications and salary. The director of finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control. The director shall receive an annual salary to be fixed by the city council. (Ord. No. 0-80-11, § 1, 5-12-80) Sec. 2-73. Same--Surety bond required. (a) The director of finance of the city shall post a bond payable to the city in the penal sum of twenty-five thousand dollars ($25,000.00), conditional for the faithful performance of all his duties as director of finance and the accounting; safekeeping and delivery unto the city of all money or property coming into his hands belonging to the city, with surety of a surety company authorized to transact business in the state. (b) All bonds provided for herein shall be presented to and be subject to the approval of the city council. The premium for all bonds provided herein shall be paid by the city. (Ord. No. 0-80-11, § 1, 5-12-80) Sec. 2-74. Same--Powers and duties. The director of finance shall have charge of the administration of the financial affairs of the city and to *Editor's note--Ord. No. 0-80-11, § 1, adopted May 12, 1980, added §§ 2-10--2-17 to the 1970 Code. At the discretion of the editor, ~aid provisions have been codified, in this Code, as §§ 2-71--2-78. Cross reference--Responsibility of finance director relative to airports, § 3.5-11. Supp. No. 1 ¢/ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-$330 FAX 407-589-5570 SUBJECT: Waiver of Bidding Procedure for Improvements to Schumann Park Football Field Approved For Submittal By' City Manager ) ) ) ) ) ) Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: _ Finan~e ( LWN ). 4~1-91 4-10-81 EXPENDITURE REQUIRED: $4,113.00 AMOUNT BUDGETED: $7,000 APPROPRIATION REQUIRED: SUM~STAT~EM_EJN_~ The City of Sebastian wishes to do certain improvements to the Panther Football Field located at Schumann Park. The City Council recently authorized these expenditures but the cost of the sod will be approximately $4,113. Indian River County's commodity price for Bahia sod is 9 1/2 cents per sq. ft. installed, through East Coast Sod & Landscaping of Ft. Pierce. Mr. Gary Scott, of B & T Sod, of Sebastian has offered to install and furnish some 45,700 sq. ft. of Bahia Sod at 9 cents per sq. ft., therefore a waiver of bidding procedure is required and pursuant to city code 2-64 (j) "The city council may waive or modify the bidding procedure on specific contracts for good cause." Adequate funds are available in the Capital Projects Fund. REOO~ND~ACT_IO_N Move a waiver of bidding procedure be granted and that City Staff be given ~uthority to purchase 45,700 sq. ft. of Bahia sod installed and furnished by B & T Sod of Sebastian, in the amount of $4,113.00. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Waiver of Bid Procedure for New Truck for Parks Department Approved For Submittal By: City Manager ~ Asende No. Dept. Origin Date Submitted For Agenda of Exhibits: /111 --FINANCE CLWNA 4-04-91 4-10-91 Memo from Acting Public Works Director Memo from Duval Ford EXPENDITURE REQUIRED: $12,600.00 AMOUNT BUDGETED: $11,000.00 APPROPRIATION REQUIRED:N/A SUMMARY STATEMENT The Parks Department has a new truck budgeted in the Capital Improvement Fund for $11,000. The State Contract price for the truck needed (see attached memo from A.P.W.D.) is $12,600. from Duval Ford as per attached memo. The State Contract $ is 070-001-91-1 and pursuant to City Code section 2-64(j) "The city council may waive or modify the bidding procedure on specific contracts for good cause." Adequate funds are available in the Capital Improvements Fund. RECOMMENDED ACTION Move a waiver of bid procedure be granted and staff be given authority to purchase a new Ford F-250 H.D. pick-up via the State Contract ~070-001-91- 1 from Duval Ford, Jacksonville, in the amount of $12,600.00. /.111 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 DATE: APRIL 4, 1 9~1 TO: FROM: THROUGH: MAYOR AND CITY COUNCIL JERRY THOMAS .,~ PUBLIC WORKS~..,~/ ROBERT S. MCCLARY CITY MANAGER RE: TRUCK PURCHASE - PARKS DEPARTMENT PLEASE BE ADVISED THAT WE WOULD LIKE TO PURCHASE THE NEW TRUCK FOR THE PARKS DEPARTMENT WHICH IS A BUDGETED ITEM. DUVAL FORD HAS THE STATE CONTRACT FOR THIS VEHICLE AND THE COST IS $12,600. ORIGINALLY, WE WERE TO PURCHASE A CAB AND CHASIS ONLY BUT BECAUSE THERE IS A DELAY IN PURCHASING THE NEW TRUCK FOR THE ASPHALT CREW, THE BODY WHICH WE WERE GOING TO USE IS NOT AVAILABLE AT THIS TIME. THIS TRUCK WLL BE USED TO REPLACE UNIT 50] WHICH IS A 1981 DODGE. SHOULD YOU NEED MORE INFOMATION, PLEASE DO NOT HESITATE TO ASK. LK;LK P.¢). Bo~ 2¢)87 * lb l& (~a<~,)l A~.enue * Jacksonville, ri .122_~8 , Telephone 904.,:181.652~ April ~ 1991 Sebastian, Dear Nr. Thonass We are pleased Co submit'the following quote, F-230 H.D, 4X2 4.9 Engine ~anua! Transmission 133 - Wheelbase Wes~ Coast Nirrors 8' Stake Body - Bulkhead Prot, $11,039.00 NC NC 137.00 1,424.e0 Total $12,6~0.0~ If you have any further questions, please lec me kno~. State and Local Government Sales /// RESOLUTION NO.: R-91-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Veto Beach, Florida, has requested that the City sign a Mutual Aid Agreement; and WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Mutual Aid Agreement and after engaging in deliberations, has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to grant the Mutual Aid Agreement by the City as requested by the City of Vero Beach, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 2. RATIFICATION. The City Council of the City of Sebastian, in recognition of the requirements of Chapter 23 of the Florida Statutes, hereby ratifies the Agreement, Exhibit "A", as signed by the Chief of Police of the City of Sebastian. Section 3. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed Mutual Aid Agreement with the City of Veto Beach, Florida, a copy of the proposed Mutual Aid Agreement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABiLITY. In the event a court of competent Jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter Holyk Councilman Lonnie Powell Councilman GeorGe Reid The motion was seconded by and, upon beinG put to a vote, 2 The Mayor thereupon declared this Resolution duly passed and adopted this day of- , 1991. By: ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA W.E. Conyers, Mayor Approved as to Form and Content: Charles Ian Nash, City Attorney 3 MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT WHEREAS, the subscribed law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to (1) intensive situations including but not limited to emergencies as defined under Section 252.3.4(2), F.S. and (2) continuing, multi- jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the CITY OF SEBASTIAN, and the CITY OF VERO BEACH POLICE DEPARTMENT, have the authority under Part I of Chapter 23, Florida Statutes (1987), the Florida Mutual Aid Act, to: (1) enter into a requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies, and (2) a voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines; WHEREAS, the law enforcement agencies of Indian River County, Florida, are charged with the investigation of criminal offenses occurring within their respective jurisdictions, including, but not limited to, violations of the Florida Comprehensive Drug Abuse Prevention and Control Act; and WHEREAS, each law enforcement agency may, from time to time, require additional resources to efficiently and expeditiously pursue such criminal investigations; and WHEREAS, criminal activity occurring within the jurisdiction of one local government oftentimes impacts upon criminal activity occurring in adjacent jurisdictions; and WHEREAS, the citizens of Indian River County can best be served by an organized and unified approach to the investigation of criminal activity; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the undersigned parties hereto agree as follows: SECTION 1. DEFINITIONS. Ae "Police" shall mean the Police of the City of Vero Beach, Florida, or the city of Sebastian, Florida. Be "Agency" shall mean the office of the City of Vero Beach Police Department, Vero Beach, Florida, or the City of Sebastian Police Department, Sebastian, Florida, and that department or agency of an incorporate municipality situated wholly within Indian River County, Florida, which is charged and empowered with the duties of law enforcement within the jurisdictional limits of such municipality. "Law Enforcement Officer" shall mean any person certified as a full-time or part-time law enforcement officer by the Criminal Justice Standards and Training Commission of the State of Florida who has met all of the minimum requirements for training as set forth in Chapter 943, Florida Statutes (1989), as amended, and is employed as a police officer or public safety officer by a municipality situated wholly within Indimn River County, Florida, or as a police officer of Indian River County, Florida. "Participating Agency" shall mean any agency operated by a party to this Agreement. "Party" shall mean any incorporated municipality situated wholly within Indian River County, Florida, who has entered into this Agreement as evidenced by the appropriate execution of this Agreement. "Requesting Agency" shall mean an agency which seeks assistance from another law enforcement agency. "Responding Agency" shall mean a law enforcement agency which directs its personnel to leave its primary area of jurisdiction in response to a request for law enforcement assistance initiated by the law enforcement agency having primary jurisdiction in the area to which the responding agency's personnel are directed. "Emergency" shall mean any situation or set of circumstances in which life or property is in imminent danger. SECTION PROVISIONS FOR OPERATIONAL Therefore, be it known that the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other, to include but not necessarily be limited to dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sportin9 events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION 3. PROVISIONS FOR VOLUNTARY COOPERATION. In addition each of the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may also request and render law enforcement assistance to the other dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., backup services during patrol activities, and inter-agency task forces and/or joint investigations. SECTION4. POLICY AND pROCEDURE,~, A. In the event that a party of this Agreement is in need of assistance as set forth above, it shall notify the agency head or his designee from whom such assistance is required. The agency head or designee whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he/she deems appropriate. The agency head's decision in this regard shall be final. B. The resources or facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. C. Where investigative priorities arise during a law enforcement operation which may require enforcement action by the investigating agency and which require crossing or jurisdictional lines, the investigating agency supervisor or his designee on duty shall notify the on duty supervisor of the jurisdiction wherein investigation is required and request enforcement assistance. The supervisor or his designee shall evaluate the situation, consult with his/her appropriate supervisor and if required ensure that proper requested enforcement assistance is rendered. D. Should a violation of Florida Statutes occur in the presence of an officer representing his/her respective agencies in furtherance of this Agreement he/she shall be empowered to render enforcement assistance and act in accordance with the law. SECTION 5. POWERS~ PRIVILE~ES~ IMMUNITIES AND COSTS. A. Members of the City police departments enteringing into this agreement when actually engaging in mutual cooperation and assistance outside of their respective jurisdictional city limits under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed.' B. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party to the Agreement as set forth above; provided however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (The re~es~ing agency may compensate or reimburse the assisting agency for assistance under Section 2 of this Agreement only, under terms specified in the agreement, or may provide as follows in C and D:) C. The agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. D. The agency furnishing aid pursuant to this section shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. E. Ail of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. F. Nothing here~n shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under Section 2: Provisions For Operational Assistance. .SECTION 6. iNDEM~;IFICATION. Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this Agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTION 7. LIABILITYI~SURANCE. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be cancelled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION 8. EFFECTIVE DATE. a. Those portions of this Agreement respecting operational assistance shall be in effect from ........ , through and including . Those portions respecting voluntary cooperation shall remain in effect from , until terminated in writing or, with respect to an individual party, until that party elects to withdraw. b. In addition to the terms set forth in paragraph "a" of this section, this agreement shall only become in full force in effect upon ratification, by proper adoption of a resolution by the city Council of the City of Sebastian. SECTION 9. CANCELLATION. This Agreement may be cancelled by any party upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. SEBASTIAN POLICE DEPARTMENT Earle L. Petty Chief of Police CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Withess~ Witness Phyl l~is Neubefger City Clerk VERO BEACH POLICE DEPA~MENT CUf of Po~e ~ CITY OF VERO BEACH, FLORIDA Jay Smith, Mayor (Seal) Approved as to form and content by: Richard E. Torpy, Esquire Assistant City Attorney 6 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RESOLUTION R-91-15 TIME EXTENSION FOR ST. SEBASTIAN P.U.D. Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. ) ) ) ) For Agenda Of 4/10~91 ) ) ) ) ) Origin Community Development /~2 Date Submitted 4/O4/91 Exhibits: Resolution R-91-15 Agenda Cover Sheet for 2/13/91 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of February 13, 1991, the City Council directed the City Attorney to draft a resolution to grant a time extension for St. Sebastian Planned Unit Development until April 30, 1991. For the benefit of the new councilmen, I have included a copy of my agenda cover sheet that the City Council reviewed on February 13, 1991. RECOMMENDED ACTION Move to adopt Resolution R-91-15. & RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION OF TIME FOR SUBMISSION OF A PRELIMINARY DEVELOPMENT PLaN FOR THE ST. SEBASTIAN PUD(R) RESIDENTIAL PLANNED UNIT DEVELOPMENT WHICH CONSISTS OF A- PARCEL OF L;tND APPROXIMATELY 316 ACRES IN SIZE LOCATED IN THE NORTH CENTRAL AREA OF THE CITU, APPROXIMATELY ONE-QU;tRTER MILE WEST OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET, EAST OF AIRPORT DRIVE EAST, AND WEST OF GIBSON STREET; PROVIDIN~ FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carl R. Julian, TruStee, (hereinafter sometimes referred to as the "Owner"), is the owner of a certain tract of real property located in the City of Sebastian, Indian River County, Florida; and, WHEREAS, the Owner has requested that the City Council of the City of Sebastian approve extending the time period for the Owner to submit a Preliminary Development Plan for a PUD(R) Residential Planned Unit Development; and, WHEREAS, the City Staff has review the Owner's request for extension submitted by the Owner and has recommended approval; and, WHEREAS, the City Council has determined that the approving an extension of time for the submission of a Preliminary Development Plan by the Owner for the St. Sebastian Planned Unit Development until April 30, 1991, is in the best interest of the City of Sebastian to protect the health, safety and welfare of its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, tha%: NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 8~BASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~9~tion 1. APPROVAL OF EXTENSIoN .... OF TI~E TO 8UBMiT p_~ELIMINARY DEYELO~MENT...PL~. The time limit for Carl R. Julian, Trustee to submit a Preliminary Development Plan to the City for the PUD(R) Residential Planned Unit Development, known as St. Sebastian PUD(R) Residential Planned Unit Development, which consists of a tract of real property owned by the owner, approximately 316 acres in size, located in the north central area of the City of Sebastian, indian River County, Florida, approximately one-quarter mile west of US Highway 1, also designated as State Route 5, north of Main Street, east of Airport Drive East, and west of Gibson Street, is hereby extended until April 30, 1991. ~. CONF~ICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ectioD 3. $~V~RAB~LITY. 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 SebastJ. an 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 ~va]~d and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~. ~F~C?IVE D~T~. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman ,-and, upon being put to a vote, the vote waz as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Resolution duly passed and adopted this ~ day of ..... , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: TIME EXTENSION FOR ST. SEBASTIAN PUD Approved For Submittal By, City Manager ) Agenda No. ) ) Dept, Origin Communit~ Development Date Submitted For Agenda Of Exhibits: 2/6/91 2/%,2,/91 Carl Julian's letter dated 12/14/90 Preliminary Conceptual Plan EXPENDITURE REQUIRED, AMOUNT BUDGETED, APPROPRIATION REQUIRED: SUMMARY STATEMENT The applicant, Carl Julian, has submitted a request to the City Council to extend the Conceptual Development Plan for St. Sebastian Planned Unit Development. The existing Conceptual Plan expired December 31, 1990, under the terms of an agreement adopted by the City Council by Resolution R-90-18. The agreement also allowed the exchange of real property for the realignment of Main Street and to require Mr. Julian to pay $135,OOO towards the cost of the construction of Main Street and Gibson Street. Mr. Julian is requesting a 90 day extension to accomplish the following: 1. Submit a revised overall Conceptual Development Plan. (See Attached Plan) This Conceptual Plan will not conflict with the existing approved plan but, significantly enhance the plan to reflect the following: The extension of Gibson Street to be consistent with the City's Adopted Future Thoroughfare Map. be Designate approximately 40 acres for a campus of Indian River Community College. 2. Submit a Preliminary Development Plan for 20 acres, (directly north of City Hall) in order to construct multifamily (apartments) units. One reason for the delay in presenting this request to the City Council was to meet with Treasure Coast Regional Planning Council concerning the status of St. Sebastian's Development of Regional Impact (D.R.I.). After meeting with the Director of T.C.R.P.C., Mr. Dan Curry, it was apparent PAGE 2 that the D.R.I. still runs with the land but, the owner must submit what is known as a substantial deviation to the D.R.I. The developer has already started this process which, in application fees alone will cost the owner $35,000. I would like to point out some of the positive features that will be accomplished by granting this extension= Submittal of the Preliminary Development Plan will allow the owner to proceed with construction of the infrastructure within the PUD. At that time, under the terms of the agreement adopted by Resolution R-90-18, the owner will reimburse the City approximately $135,OO0 for Main and Gibson Street. The City is also in need of this type of development to provide affordable housing (apartments). Since the owner will have to construct a lift station to connect with the North County Sewer, the City may wish to coordinate with the owner to jointly tie in with the new Police Facility and City Hall. After the meeting with Treasure Coast Regional Planning Council, it's clear that in order to facilitate both the D.R.I. process and to submit a Preliminary Development Plan that would be consistent with the City's Land Development Code, the applicant should be granted an extension of 120 days (April 30, 1991) instead of 90 days (March 31). The owner is aware that any extension and subsequent approvals will be conditioned upon the PUD being in compliance with the upcoming Airport Zoning Ordinance. RECOMMENDED ACTION Move to direct the City Attorney to draft a resolution to grant a time extension for St. Sebastian PUD until April 30, 1991. U CiTY OF SEBASTIAN RENTA__L PERMI__T APPLI__CATIO__N NITY CENTER YACHT CLUB Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverages be served? ~ (a) (b) If answer to #5 is yes - permittee's proof of age If alcohol is to be served, permission is required by the City Council. Your request will be presented to Counoil on Amount of Rental Security Deposit% Address of Permittee: g~ ~ ~ ~ , Telephone No.: ~- Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on by Check Rental Fee paid on by Check (date) in the amount of or Cash initial (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard st the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on Amount kept for damages (if applicable). \ws-form\rentapp in the (date). Sebostian 4rea Civio As$oo,, Inc, S9 i'~ark AZlen _Drive P.O. BOX 674 SEBASTIAN, FLORIDA 32958 .~arch 26, 1991 City Counci-1 City of Sebastian Sebas±,i'-an,. FL 32958 Gentlemen: The Sebast£~an Area CDvfc Associ-ation, linc. will present scholarships to h~::Eh school Eraduates residin~ i'n the North County on May loth at the Sebastian Yacht ~Iub, at Mayor Conyers has been in~ited to make the presentations and we will be pIeased to have the other members of the Council join us on this occasion . Elsi'~ H · . ~ ~8;,-3959 ~//, I I,L CITY OF SEBASTIAN COMMUNITY CENTER XXXX YACHT CLUB Name of group or organization: The Italian American Club of Sebastian Number of persons constituting group or organization: 186 Requested date: Decem',e-- 31. 1.231 Time of day: From ~ SM TO 1:~0 ~ Amount of Rental: ~[~.,00 5% Tax: ~A __ Security Deposit Amount: ~/A Total Rental Amount: Answer yes or no: Kitchen facilities required. NO Special arrangements(give details) Possible need of 200 cha~r~ Will decorations be put up YES Will there be an admission or door charge YES MEMBRRS & Will alcoholic beverages be served BYOB If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on Name of Permitee: CHARI,~g P[ILLA~A. Address of Permitee 566 FHTCH WAY SEBASTIAN Telephone ~: 589-~213 Date of Application: ~aRCN qn. 1991 Make checks payable to: CITY OF SEBASTIAN ~ ~ APPROVED/DISAPPROVED i~ ~x/~\,'.[. City Clerk ~hl.?. ~ ¥'] TO BE FILLED IN BY CITY Security Deposit paid on/d~/ ~ I~." (date) by Chec~ ' # ~3 P' ' .'~" 6r Cash. in the amount of Rental Fee paid on by Check initial (date) in the amount of or Cash . initial Alcoholic Beverage Request heard at.the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENiED. Key Pick Up .(date) Key Return in the (date) Security Deposit returned by City Check # amount of on Amount kept for damages if applicable (date) CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER ~ YACHT CLUB Name of Renter/.Organization S Number of Persons constituting group or organization: Requested Date .... Time of Day: Prom Please answer YES or NO: 1) 2) 3) 4) 5) Are kitchen facilities required? Are you a resident of Sebastian? Will decorations be put up? Will there be an admission or door charge? Will alcoholic beverages be served? (a) If answer to #§ is yes - permittee's proof of age (b) If alcohol ia to be served, permission is required by the City Council. Your request will be presented to Council on Amount of Rental 7% Tax: Security Deposit: Permitte~.~ Name of Address of Permittee: Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on by Check # (date) in the amount of or Cash Rental Fee paid on initial (date) in the amount of '"~-.~ .i or Cash initial J ....... AlCOhOliC Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on Amount kept for damages (if applicable). \ws-form\rentapp in the (date). · llospitalityServices ~L~t~~ Property Management  Sebastian, Florida 32958 {407) 589-4131 JOHN BEAMS President April Ol, 199i THE AMBASSADORS 732 Cleveland St., A-4 Sebastian, Fl., 32958 Re: 4th off Julv FESTIVAL We hereby request permission & Fee-waiver to hold meeting at Sebastian Community Center Bldg. For the SEBASTIAN 4th. off July FESTIVAL, to form Chair People and Committees. April 10, 1991 at 7:00 P.M. Thank you very much For your prompt and courteous attention in this matter. Please advise: (407) 589-4131 Jo~Beams, /pr'es. 732 Cleveland Street, A-4 Sebastian, Florida 32958 (407) 589-4131 March 25, 1991 City of Sebastian Main Street Sebastian, Fl. Re: 4th. of July Festival - 1991 To the Mayor & City Manager, As President of The Ambassadors (Hospitality Services and Property Management), I would like to acknowledge and thank you for the opportunity to Chair the 4th. of July FESTIVAL for Sebastian in 1991. Please refer any/all ca~ls and inquiries to: (407] 589-4131, The Ambassadors, 732 Cleveland St., Ste. A-4, Sebastian, Fl., 32958. We are anxious to meet with everyone who is interested in making this a very 6pecial Festival year. Thank you in advance for your interest and cooperation in assisting The Ambassadors in a great fun time for all!!! io~~/M~truly yours, Contact: E£sie Plyl¢~ or Dennis Moore at the above address and/or phone #. PREVIOUS REQUESTS FOR USE OF RENTAL FACILITIES BY FOURTH OF JULY COMMITTEE Minutes of 1/8/86 Motion by Szeluga/Roth to grant use of alcoholic beverages and waive the rental fee at the Community Center 1/18/86 Motion Carried Minutes of 3/11/87 Request for fee waiver & alcoholic beverages 3/20/97, 4/18/87, 5/23/87 - approved but requested the to pay S100.00 Security Motion by Vallone/McCarthy - Motion Carried Minutes of 4/26/89 Request for Fee Waiver & Alcoholic Beverages - Fundraiser Dance at Community Center 6/17/89 Motion by McCarthy/Oberbeck to grant fee waiver & approve alcoholic beverage 6/17/89 9:00 p.m. to 12:00 a.m. Minutes of 5/9/90 Request for Security Deposit & Fee Waiver for use of the Community Center 6/23/90 for Benefit Dance & Request for Security Deposit & Fee Waiver for use of Yacht Club 7/4/90 for V.I.P. Breakfast Motion by Oberbeck/McCollum - Motion Carried City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: USC0 Aux. - Vessel Examinations City Manager ) Agenda No. ~/~ ) ) Dept. of Origin: City Manager ) ) Date Submitted: ~ ) ) Approved For Submlttal By: ) ) For Agenda Of: O4110/91 ) ) Exhibits: ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its Workshop Meeting of 04/03/91 the City Council reviewed a request from the United States Coast Guard Auxiliary to use the Sebastian Yacht Club parking lot to conduct its examinations and to post temporary signs informing the public of the these examinations. The USCG Auxiliary is the civilian component of the United States Coast Guard and provides these examinations without charge as a public service. The City Manager and Chief of Police can arrange the details of the examination site and the posting of the temporary signs. RECOMMENDED ACTION Move to authorize the United States Coast Guard Auxiliary to use the Sebastian Yacht Club parking lot to conduct vessel examinations and to post temporary signs subject to locations to be approved by the City Manager. CITY OF SEBASTIAN Reason for Rentsl Requested Date Time of Day: From RENTAL PERMIT APPLICATION COMMUNITY CENTER YACHT CLUB Name of Renter/prganizstion p~.~,~ !~eC,~.~f-~_~L.~. Number of Persons constituting group or organization: Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian7 3) Will decorations be put up? 4) Will there be an admission or door charge? __~ 5) Will alcoholic beverages be served? .. /C / permtttee's proof of age . (b) If alcohol ie tq be served, permission is required by the City Council. Your r~u~st will be presented to Council on - ~1/~/¢1 Amount of Rental 7% Tax: Security Deposit: S~, '~' Total Rental: Addres~ of Permit~ee: / ~0 ~l~r ~ Telephone No.: 5-~-~S--~ Da~e of Application Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S~OFFICE ,~.')~,' by Check ~ ~Y~'~O in the amount of or Cash Rental Fee paid on (date) in the amount of by Check # or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENiED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENiED. Key Pickup Date Key Return Date Security Deposit returned by City Check amount of on Amount kept for damages (if applicable). \ws-form\rentapp in the (date). City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: F~A Grant Agreement city Manager Dept. of Origin: city Manager Date Submitted: 0.3/29/91 Approved For Submittal By.' For Agenda Of: Exhibits: - FAA Letter 04/10/91 Dated 3/25/91 - Grant Agreement Dated 3/25/91 - Nash Opinion Letter Dated 4/1/91 - Resolution R-91-13 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On June 8, 1989, the City entered into an "Agreement in Principle" with the Federal Aviation Administration ("FAA"). The agreement, also known as the "standstill" agreement, provides for a Community Compatibility Study and Master Plan of the Sebastian Municipal Airport. The agreement also provides that the study will be 90% funded by the FAA less some $27,900 paid to the city under a previous FAA Master Planning Grant. Subsequently, the City engaged the services of Williams, Hatfield and Stoner, Inc. to undertake this study and in May, 1990 filed an application with the FAA for funding. On March 25th the FAA sent us a formal grant offer for this project. Both the grant offer and the City Charter require the City Attorney to certify the legality of the city Council's acceptance of this agreement. RECOMMENDED ACTION Move to authorized and direct the Mayor and City Clerk to execute the grant agreement with the Federal Aviation Administration dated March 25, 1991. ~/~ /'/~ U.$, DeDartmen! of TransDortafion Federal Aviation Administration MAR 1991 ORLANDO AIRPORTS DISTRICT OFFICE 9677 TRADEPORT DRIVE, SUITE 130 ORLANDO, FLORIDA 32827-5397 Mr. Robert S. McClsry Manager, City of Sebastian P.O. Box 127 Sebastian, FL 32958 Dear Mr. McClary: We are enclosing the original and two copies of a Grant Offer, AIP Project Number 3-12-0145-02, for the Sebastian Municipal Airport, in response to your Application for Federal Assistance dated May 25, 1990. Your acceptance of this Offer will constitute a Grant Agreement by which the government will participate in the allowable costs of the project amounting to $182,000. Please review the Special Conditions contained in the Grant Offer, and if you have any questions we will be glad to discuss them with you. Once the authorized official has executed the Agreement, the attorney for the City of Sebastian must certify that the sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part of the sponsor. If the terms of this Offer are satisfactory, please execute not later than April 25, 1991 and return the original and one copy to this office. The remaining copy is for your file. ~S.~ncerely, /~ ~ames E. Sheppard Enclosures Page 1 of 6 Pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Date of Offer Sebastian Municipal Airport Project No. 3-12-0145-02 Contract No. DTFA 06-91-A-80086 TO: City of Sebastian (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 25, 1990, for a grant of Federal funds for a project at or associated with the Sebastian Municipal Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Sebastian Municipal Airport (herein called the "Project") consisting of the following: PREPARE INITIAL AIRPORT COMPATIBILITY STUDY MASTER PLAN AND COMMUNITY all as more particularly described in the Project Application. Page 2 of 6 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987 herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the united States share of the allowable costs incurred in accomplishing the Project, ninety percent (90%). This Offer is made on and subject to the following terms and conditions: Conditions The maximum obligation of the United States payable under this offer shall be S1~2,000. For the purpose of any future grant amendments which may increase the f©regoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ 182,000 $ - 0 - for planning for airport development or noise program implementation The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of the costs. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. Page 3 of 6 Pages The FAA reserves the right to amen6 or withdraw this offer at any time prior to its acceptance by the sponsor. This offer shall expire and the United States not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before April 25, 1991 or such subsequent date as may be prescribed in writing by the FAA. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "federal funds" means funds however used or disburse~ by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. The united States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, if there is an overrun in the eligible project co&ts, FAA may increase the grant to cover the percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. Page 4 of 6 Pages 10. 11. 12. 13. 14. 15. Special Conditions Total costs associated with formulation of the study design and grant application are identified in Schedule D - Schedule of Fees as $21,750. This is approximately ten percent of total project cost and woul~ represent $19,575 in federal assistance. FAA participation in this cost will be subject to FAA determination of eligibility, reasonableness and limited to actual expenses incurred, submittal of vouchers and justification for payment of the same. FAA participation in costs associated with public hearings, if required, direct expenses such as travel, reproductions, communications, computer use and any optional costs will be eligible for reimbursement based on actual expenses incurred, submittal of vouchers and justification for payment of the same. It is understood and agreed that any modifications or changes to the project scope must be approved by FAA at no additional cost to the Government. It is understood and agreed that if Apogee Research forecast of aviation activity is used as the basis for the demand/capacity analysis and identification of development alternatives, it must be justified and submitted to FAA for approval as the "recommend" forecast for the airport. This action must be completed prior to proceeding with the identification and evaluation of development alternatives. It is understood and agreed that the 1987 Noise Contour Map presented in the December 1988 Master Plan is no longer "current" for use in this Study. An up-to-date analysis is pertinent. A current (1991) Noise contour Map and at least a five year projection of these noise contours, is required. In compliance with paragraph 2 of the Agreement in Principle between the City of Sebastian, Florida and the Federal Aviation Administration dated June 8, 1989, it is understood and agreed that rather than reimburse the $27,908.55 previously expended under the AIP 3-12-0145-01 for the preparation of an airport Master Plan will be applied to this project by the City of Sebastian from other than federal funds. The City of Sebastian will also contribute an additional ten percent local share of $20,222 to match the federal grant amount of $182,000. Page 5 of 6 Pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall compose a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Prcject and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. By FE~AL AVIATION ADMINISTRATION Mqnager, Orlanao Air~Sr~s District Office Page 6 of 6 Pages Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with ali_ of the terms and conditions in the Project Application. Executed this day of , 19__ (SEAL) Attest: Title: By ?itle CERTIFICATE OF SPONSOR'S ATTORNEY the Sponsor do hereby certify: , acting as Attorney for That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Florida. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereo~. Dated at this day of , 19 (Signature of Sponsor's Attorney) OF COUNSEL 14~RESE. ]~ALI~ACE. 1NASI-I d~ TORPY. P. A. ATTOR.N'EYS AT LAW April 1, 1991 930 S. I{xa~og CITY BLVD. SUI?E 505 MELBOIYR.~E. FLORIDA 32901 (407) 0s4-.33oo FAX (407) 951-3741 VIA HAND DELIVERY The Honorable W.E. Conyers, Mayor and Members of City Council City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Legal opinion concerning acceptance of the Grant Agreement from the United States Department of Transportation, Federal Aviation Administration Sebastian Municipal Airport Project No. 3-12-0145-02 Contract No. DTFA 06-91-A-80086 Our File No. 88-2920 and 91-6432 Gentlemen: In accordance with Section 1.02(7.3) of the Charter of the City of Sebastian, the city of Sebastian is not authorized to receive any grant from the federal government unless, in the opinion of the City Attorney, the acceptance by the City.of such grant would not prevent, limit or otherwise frustrate the regulation, operation or governance by the City of the Sebastian Municipal Airport in accordance with the provisions of Paragraph 7 of Section 1.02 of the city Charter. In rendering this opinion, I have reviewed the proposed Grant Agreement dated March 25, 1991, received from the Federal Aviation Administration as referenced above, the Sebastian City Charter, the Agreement in Principle between the City of Sebastian, Florida, and the Federal Aviation Administration which was approved by the Sebastian City Council on June 12, 1989, and a legal opinion issued to me by Cutler & Stanfield, former Special Airport Counsel to the City of Sebastian, dated July 3, 1989. This opinion is being issued on the assumption that the provisions of Subparagraphs 7.1 through 7.6 of Section 1.02 of the City Charter are valid and are in full force and effect. The Honorable W.E. Conyers, Mayor and Members of City Council April 1, 1991 Page Two Based on the-foregoing, it' is my opinion that the acceptance by the City of Sebastian of the grant from the United States Department of Transportation, Federal Aviation Administration, as set forth in the Grant Agreement bearing Project No. 3-12-0145-02, Contract No. DTFA 06-91-A-80086, would not prevent, limit or otherwise frustrate the regulation, operation or governance by the City of Sebastian of the Sebastian Muncipal Airport according to the provisions of Paragraph 7 of Section 1.02 of the Sebastian City Charter. Also per your request, I have prepared and provided to the City Clerk the proposed Resolution that would authorize the Mayor and City Clerk to sign the Acceptance of the Grant Agreement on behalf of the City of Sebastian. Very truly yours, FRESE/~ALLACE, NASH & TORPY, P.A. CHARLES IAN NASH City Attorney CIN/dlb cc: Robert S. McClary, city Manager Kathryn M. O'Halloran, CMC/AAE, City Clerk RESOLUTION NO.: R-91-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYORAND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, (THE "FAA"), ACCEPTING THE GI~tNT OFFER MADE BY THE FAA IN A FORM IDENTICAL TO THE GRANT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration, (the "FAA"), had made a Grant Offer pursuant to a Grant Agreement with respect to Project No. 3-12- 0145-02, Contract No. DTFA 06-91-A-80086, (the "Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the city Attorney has rendered an opinion to the City Council of the City of Sebastian (the "City Council") that acceptance of the Grant Offer of the FAA set forth in the Agreement would not violate Paragraph (7) of Section 1.02 of the City Charter of the city of Sebastian; and WHEREAS, the City Council has determined that accepting the Grant Offer of the FAA is in the best interest of the people of the city of Sebastian and that the Agreement serves a valid municipal purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Agreement with the FAA referenced in the recitals. Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERkBILITY. 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. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank oberbeck Councilman Peter R. Holyck Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Bid Award for SMGC - Pavement and Drainage Improvements Approved For Submittal By: City Manager .... ~-~~--' ) Agenda No. Dept. Origin Date Submitted For Agenda of Finance . (. LWN ) 4-04-9].. 4-10~! Exhibits: Letter from Ranger Const. Cathco Bid with Exception Bid Tabulation EXPENDITURE REQUIRED: $86,556.19 AMOUNT BUDGETED:None APPROPRIATION REQUIRED:S86,556.19 SUMMARY STATEMENT Nine bids were received for the Sebastian Municipal Golf Course (SMGC) Pavement and Drainage Improvement. The apparent !ow bidder, Ranger Construction, made a substantial mathematical error in calculating his bid and wishes to have it withdrawn. The second apparent iow bidder, Cathco, Inc., excluded from his base bid the removal of the septic tank and drain field which was specified and on the drawings supplied to the contractors. This was also discussed at the pre-bid conference, and therefore the bid from Cathco should be disqualified for not meeting the specifications per plans and drawings provided by Mosby & Assoc., Inc.. A bid clarification meeting was held individually with each of the three apparent iow bidders. Henry Fischer & Sons. Inc. was found to be qualified and capable of performing the contract per plans & specifications and their bid was found to be competitive as the original engineering cost estimate was $115,000.00. An appropriation is required in the Golf Course Fund but. adequate funds are available. RECOMMENDED ACTION Move the bid for pavement and drainage improvement, at the Sebastian Municipal Golf Course from Ranger Construction be withdrawn, the bid from Cathco, Inc. be rejected for not meeting specifications, and the bid be awarded to the best bidder meeting all specifications~ Henry Fischer and Son, Inc. in the amount, cf $86,556.19. March 28, 1991 City Hall P.O. Box 780127 Sebastian, Florida 32978 Attention: Robb McClary City Manager Reference~ SMGC Pavement and Drainage Improvements Dear Mr. McClary~ Due to a mathematical error in the preparation of the bid package on the above referenced project, we regret that we are withdrawing our bid. Sincerely, Vincen~ Gorham W/Jw 4510 Glades Cut. Off Re., P.O. Box 3265, Ft. Pierce, FL 34948, Phone (407) 464.6480, Fax (407) 466.9559 ..~ Re: Bid - SMGC Pavement and Drainage ].mprovements BID AMOUNT: SMGC - Pavement and Drainage Improvements SJt~Olump sum PUBLIC ENTITY CRIMES: Bidder shall complete the attached sworn statement under section 287.133 (3) (a), Florida Statutes, on Public Entity Crimes and return with bid. ~ , SCHEDULE: Commitment to complete within written notice to proceed. 80 calendar days after given EXCEPTIONS/CLARIFICATIONS: Please note any exceptions, clarifications, and/or proposed alternates on a separate sheet (s) of your letterhead and attach to this form. SUBMITTED BY: COMPANY INDiVIDUAL/TITLE ADDRESS m Michael S. Eisert/President ~~ ~ P.O. Box 6432 Vero Beach, FL 32961 TELEPHONE ATTACHMENT (s) 407-562-8814 yes X no dateMarch 26, 1991 DEDUCT $1.50 per cubic yard for fill furnished by City. As per Addendum No. I dated March ~3, 199~ CATH P.O. Box 6432 · Vero Beach, FL 32961 · (407) 562-8814 March 26, 1991 City Clerk City of Sebastian, Florida "BID - SEBASTIAN GOLF COURSE PAVEMENT AND DRAINAGE IMPROVEMENT" EXCEPTION - Base Bid does not include removal of septic tank or leach field.