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HomeMy WebLinkAbout09251991City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407).589-5330 o FAX (407) 589-557D A_ G E N O A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 25, 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 Ignatious De Leonardo - Deacon -- St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS ADDITIONS AND/OR DELETIONS 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION 91.250/ A. ORDINANCE NO. 0-91-23 - Code Enforcement Board 91.125 Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (c) OF SECTION 2-94 PERTAINING TO THE TERM OF OFFICE DF MEMBERS OF THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (d) OF SECTION 2-94 TO REVISE THE PROCEDURE FOR FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 2-94 TO ADD NEW SUBSECTION (f) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CODE 1 ENFORCEMENT BOARD; 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 SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91, 1st Reading and Amendment 9/11/91, Advertised 9/13/91, Public Hearing 9/25/91) 91.251/ B. ORDINANCE NO. 0-91-24 - Construction Board 91.125 Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-24) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONSTRUCTION BOARD; AMENDING SUBSECTION (d) OF SECTION 7-92 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE CITY CONSTRUCTION BOARD; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (n) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (o) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION HOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FQR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion ~ Direction to City Attorney 8/7/91, 1st Reading and Amendment 9/11/91, Advertised 9/13/91, Public Hearing 9/25/91)) 91.252/ C. ORDINANCE NO. 0-91-25 - Planning ~ Zoning 91.125 Commission - Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-25, P & Z Recommendation dated 9/20/91) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION A OF SECTION 20A-11.3 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; PROVIDING REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY PLANNING AND ZONING COMMISSION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91, 1st Reading and Amendment 9/11/91, Advertised 9/13/91, Public Hearing 9/25/91) 2 91.253/ D. ORDINANCE NO. 0-91-26 - Board of Adjustment - 91.125 Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-26) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN BOARD OF ADJUSTMENT; AMENDING SUBSECTION A OF SECTION 20A-11.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE BOARD OF ADJUSTMENT; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; AMENDING SECTION 20A-11.2.C.3.a OF THE LAND DEVELOPMENT CODE PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91, 1st Reading and Amendment 9/11/91, Advertised 9/13/91, Public Hearing 9/25/91)) 91.249 E. RESOLUTION N0. R-91-39 - Golf Course Rates (R-91-39) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (Discussion 8/10/91 Budget Workshop, 9/25/91 Public Hearing Scheduled at 9/11/91 Regular Meeting) 8. PUBLIC INPUT ON AGENDA ITEMS 9. CONSENT AGENDA A. Approval of Minutes - 9/11/91 Regular Meeting, 9/18/91 Special Meeting 91.136 B. Formally Disband Riverfront Study Committee (No Backup) 91.256 C. Approve Request from Sebastian River Junior Wornen's Club to Utilize Riverview Park - Arts and Crafts Festival - 12/7/91 (Staff Recommendation dated 9/19/91, Harle Letter dated 9/18/91) 3 F ~ ._ -r 91.257 D. Hid Award - Approve Trade-In Credit of $6,900 - 1983 Ford 6610 Tractor with Mowtrim - Herggren Equipment Co., Inc. - $30,000 (Staff Recommendation dated 9/18/91, Sid Tabulation Form) 91.258 E. Approve Request to Remove Specimen Tree - Ameron Homes - One Pl,ne Tree -- Lot 14, Slock 447, Unit 17, SH (Staff Recommendation dated 9/19/91, Application) 10. PRESENTATIONS - None 11. MAYOR'S MATTERS 12. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk C. Councilman Powell D. Councilman Reid 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. COMMITTEE REPORTS RECOMMENDATIONS A. HANDICAPPED SELF-EVALUATION COMMITTEE 91.259 1. Accept Resignation of George Schurn - Effective 9/9/91 (Committee Recommendation dated 9/12/91, Schum Letter dated 8/19/91) 91.2(0 2. Appoint Theordore Zamoski to Committee - Three Year Term to Expire 9/25/94 (Committee Recommendat~,on dated 9/12/91, Application) B. BOARD OF ADJUSTMENT 91.261 1. Accept Resignation of Joseph Stephenson (Staff Recommendation dated 9/19/91, Stephenson Memo dated 8/27/91) 91.262 2. Appoint Alan Shisgal (Currently Alternate) to Full Time Position to Replace Stephenson - Term to 10/94 (Staff Recommendation dated 9/19/91, Shisgal Application) 4 91.263 3. Appoint Alfred Vilardi to Alternate Position to Replace Shisgal Unexpired Term to 5/94 (Staff Recommendation dated 9/19/91, Vilardi Application) l6. OLD BUSINESS 91.144 A. Report on Police Station Bids (City Manager Recommendation dated 9/25/91) 17. NEW BUSINESS 91.264 A. Grant Waiver of Bid Procedure and Ratify Health Insurance Contracts with McCreary Corporation as Third Party Administrator and Commonwealth Life Insurance Company as Re-Insurer (City Manager Recommendation dated 9/19/91, Contract) 91.200 B. ORDINANCE N0. 0-91-27 - Cemetery Markers 1st Reading, Set Public Hearing 1Q/23/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CEMETERY; AMENDING SECTION 8-33(b) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ALLOW FOR LARGER GRAVE SITE MARKERS; 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 FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 91.265 C. Review Holiday Schedules for November and December 1991 and January 1992 and Cancel or Reschedule Council Meetings Appropriately (Staff Recommendation dated 9/18/91, Calendars) 91.235 D. Modify PGA Contract to Include Feasibility Study for Additional Eighteen Hole Golf Course - Approximately 513,500 (Staff Recommendation dated 9/18/91, Proposal) 91.266 E. Appoint Representative to Coastal Lagoons Assembly (City Manager Recommendation dated 9/18/91, CLA [Barile] Letter dated 8/26/91) 91.267 F. Request of Visiting Nurse Association to Operate Mobile Clinic on City Owned Property Twice Per Week (City Manager Recommendatian dated 9/19/91, 2 Pgs of VNA Proposal) 5 18. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 19. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THT$ 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 UFON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 6 M I NUT E S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 25, 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 ~ PM 2. PLEDGE OF .ALLEGIANCE ~1~ o 3. INVOCATION -~ Reverend Tgnatio~is D~ Leonardo - Deacon - St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS- AND OR DELETIONS ~~~~ ~ ~.~D,~. ~~, _„ .Dar. lf~i~.~ ~ ~ ~ p~~n.-~-~ ~~ ,~~~/9, io%lg~ ~~ s-d ~/,~ ,~e,,.t-« -~v~ J ~~ d ~~~ ,~ ~ 5. .~ ~~vc'~ ~d/~4/ ~~AH/U ,yll°~'I Q~~ ~~~ -y" y~/ ~-c~ 6. PROCLAMATIONS AND OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION 91.250/ A. ORDINANCE NO. 0-91-23 - Code Enforcement Board 91.125 Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (c) OF SECTION 2-94 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING SUBSECTION (d) OF SECTION 2-94 TO REVISE THE PROCEDURE FOR FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 2-94 TO ADD NEW SUBSECTION (f) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CODE ENFORCEMENT BOARD; 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 AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91, 1st Reading and Amendment 9/11/91, Advertised 9/13/91, Public Hearing 9/25/91) ~ ~. a ~~. Q ~~ . ~- 3 ~ --~ ,o cc~-- `~ ~ ~ ~~r ~ ~ `~~ C«~-~- ~ 2 91.251/ B. ORDINANCE NO. 0-91-24 - Construction Board 91.125 Terms, Filling Vacancies & Reappointments, Chairperson and Vice Chairperson Terms (0-91-24) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONSTRUCTION BOARD; AMENDING SUBSECTION (d) OF SECTION 7-92 PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE CITY CONSTRUCTION $OARD; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (n) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS; AMENDING SECTION 7-92 TO ADD NEW SUBSECTION (o) PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION BOARD; 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 AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91, 1st Reading and Amendment 9/11/91, Advertised 9/13/91, Public Hearing 9/25/91)) ~ Q~~----~ ~U -CJ 91.252/ 91.125 C. ORDINANCE NO. 0-91-25 - Planning & Zoning Cammiss~.on -- Terms, Filling Vacancies & Reappo~.ntments, Chairperson and Vice Chairperson Terms (0-91-25, P & Z Recommendation dgted 9/20/91) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDI)1N RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION A OF SECTION 20A-11.3 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; PROVIDING REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY PLANNING AND ZONING COMMISSION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LRND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction tv C~.ty Attorney $/7/91, 1st Reading and Amendment 9/11/91, Advertised 9/13/91. Public Hearing 9/25/91) ~: z~. o~r/ ~19~C~ ~ No N ~- 7~'a ~ ~ ~ d -q/- ~~" Q ~ ~ s-~ 91.253/ D. ORDINANCE N0. 0-91-26 - Board of Ad,~ustment - 91.125 Terms, Filling Vacancies & Reappointments, Chai=person and Vice Chairperson Terms (0-91--26) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN HOARD OF ADJUSTMENT; AMENDING SUBSECTION A OF SECTION 20A-11.2 OF THE LAND DEVELOPMENT CODE PERTAINT~'7G TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE BOARD OF ADJUSTMENT; PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS; AMENDING SECTION 20A-11.2.C.3.a OF THE LAND DEVELOPMENT CODE PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A SEVERAHILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Discussion & Direction to City Attorney 8/7/91, 1st Reading and Am~-andment 9/11/91, Advertised 9/13/91, Public Hearing 9/25/91)) ~~ ~ C a ~ ~~ ~•--- ~"a6 ~laN~ 7; 2G r{ JD --~ a r~ 5 91.249 E. RESOLUTION NO. R--91-39 -- Golf Course ~t~tes (R-91-39 ) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES ie-,ND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.. (Discussion $/10/91 Hudget Workshop, 9/25/91 public Hearing Scheduled at 9/11/91 Regular Meeting) 7~ag ~. ~, ~a ~ ~.M. N /4/~ g.~~ aJa g ~, C~-~. P~ ~~1 803 ~~ $98~ ~/~ Q~"- ~o~ ~~ ~ 905 rn~~ Y~r~~- h~/a9/s~ ~--s.~~ ~a5 P~'' soy /~i ~'~" ~i3• . ~ ~ aix.~ ~~ 3 ~ 6 aY 8. PUBLIC xNPUT ON AGENDA ITEMS ~~ ~ ~~ ~ awe.. ~ ._., ~~ Ceh-eC- d 9. CONSENT AGENDA A. Approval of Minutes - 9/11/91 Regular Meeting, 9/18/91 Special Meeting 91.136 ~ Formally Disband Riverfrant Study Committee (No Backup) 91.256 C. Appx'ove Request from Sebastian River Junior Women's Club to Utilize Riverview Park - Arts and Crafts Festival - 12/7/91 (Staff Recommendation dated 9/19/91, Harle Letter dated 9/18/91) 81.257 ~ Bid Award -- Approve Trade-In Credit of $6,900 - - 1983 Ford 6610 Tractor with Mowtrim - Berggren Equipment Co., Inc. - 530,000 (Staff Recommendation dated 9/18/91, Bid Tabulation Form) 81,258 ~. Approve Request to Remove Specimen Tree - ~-meron Homes - One Pine Tree - Lot 14, Block 447, Unit 17, SH (Staff Recommendation dated 9/19/91, Application) p ~~ ~ C ~~ ~ ~ ~'~ ~ ~ ~' ~-o ~ ~ ~ ~. ~ ~ a ~ ~' ~ ~~~ ~ ~ ~ ~.. s~ ~.~.. s ^~ ~.p. PRESENTATIONS - None 1.1. MAYOR'S MATTERS ~~ ``~ ~i5 ~-~ 12. CO[tNCIL MATTERS A. Vice Mayor Oberbeck /~" ~`~ ~o C. Councilman Powell ~. ~v..,~.._...o ~- C:ti.~~ 12 D. Councilman Reid ~ ~ .° ~~ ~~ 13. CITY ATTORNEY MATTERS ~-~.~~ ate- ~~ ~~ - 14 ~ / 15. COMMITTEE REPORTS/RECOMMENDATIONS A. HANDICAPPED SELF-EVALUATION COMMITTEE 91..259 1. Ac_ cept Resignation of George Schism - Effective 9/9/91 (Committee Recommendation dated 9/12/91, Schism Letter dated S/1.9/91) Dlj° t•~--~~ ~. a 91.250 2. Appoint Theordore Zamoski to Committee - Three Year Term to Expire 9/25/94 (Committee Recommendation dated 9/12/91, Ap 1~ ication) ~~- a~p °~P ~,e~ ~~ S c7 16 S. BOARD OF ADJUSTMENT 91.261 1. Ac_ cept Resi nation of Jose h Stephenson (Staff Recommendation dated 9/19/911 Ste henson Memo dated $/27/91) o~~ ~ ~ s-~ 81,262 2. Ap~po:lnt Alan Shisgal (Currently Alternate) to Full Time Position to Reface Stephenson -- Term to 10/94 (Staff Recommendation dated 9/19/91 Shisgal Application) d~~ V 1/ S-o 91.263 3. Appoint Alfred Vilardi to Alternate Position to Replace Shisgal Unex~ed Term to 5/94 (Staff Recommendation dated 9/19/91, Vilardi A lication) ~° ¢~ 17 16. OLD BUSINESS 91.144 A. Report on Police Station Sids (City Manager Recommendation dated 9/25/91) ~~' ~~ 18 ~.. 3 17. NEW BUSINESS 91.264 A. Grant Waiver of Bid Procedure and Ra~ t~.fY Health Insurance Contracts with McCreary Cor oration as Third Party Administrator and Commonwealth Life Insurance Company as Re-Insureac (City Managex Recommendation dated 9/19/91 Contract] ~~ ~ ~- ~' -~ .~ a D/P ~~ ~ ~ o ~. ~,~- ~~ 19 91.200 H. ORDINANCE NO. 0-91-27 - Cemetery Markers 1st Reading, Set public Hearing 10/23/91 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CEMETERY; AMENDING SECTION 8-33(b) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ALLOW FOR LARGER GRAVE SITE MARKERS; 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 FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~~ ao Cep-~.m.~`f 91.265 C. Review Holiday Schedules for November and December 1991 and January 1992 and Cancel or Reschedule Council Meetinc,~s Appropriately (Staff Recommendation dated 9/18/91 Calendars) f /3 ~ %~~ ~~~ ,~/,, ~/Y~ Z /,off 3 (til-~- ~ -~..t~c. incn~z~ ~Q~,~, ~y.e-~- fix tS~' Cam. L.-~- ~0 ~'""1~ O ~_ 21 91.235 D. Modify PGA Contract to Include Feasibilit Study for Addita.onal Eighteen Hole Golf Course - ApQroximately $13,500 (Staff Recommendation dated 9/18/91_.__ Proposal) ~/p ,~,:,~. ,~ ~ c 22 91.266 E. Appoint Representative to Coastal Lagoons Assembly (City Manager Recommendation dated^9/1$/91, CLA [Barile] Letter dated 8/2b/91) -. 23 91.267 F. Request of Visiting Nurse Association to Operate Mobile Clinic on City Owned Property Twice Per Week (City Manager Recommendation dated 9/19/91, 2 Pgs~of VNA Proposal) a/~ ~J S-a ! ~ / / ~. 24 1$. INTRODUCTION OF BUSINESS HY THE PUHLTC (Which is Nat Otherwise on the Agenda - By Resolution No. R-$9-30 Limit of Ten Minutes for Each Speaker) 19. ADJOURN 25 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: Approve Contracts with McCreary Carporation and Commonwealth Life Insurance Campa_~ Approved For Submittal By: city Manager J ~ r~ l/ l/ Yz Agenda No. Dept. of Origin Finance LWN Date Submitted 09-19-91 Far Agenda of 09-25-91 Exhibits: Contract with McCreary Corporation. Contract with Commonwealth Life Insurance Company (Via Fax) EXPENDITURE AMOUNT REQUIRED: $323,100 BUDGETED: $323,100 SUMMARY STATEMENT APPRQPRIATION REQUIRED: Rapidly escalating Casts of health care insurance premiums have necessitated securing alternative insurance coverage, as provided in the collective bargaining agreements. The Florida Municipal Health Trust Fund, the current provider, proposed a 27.1 increase in premiums from the current $477 to $593 far dependent coverage and $173 for single to $213. At least four providers were requested to quote an coverage. All were given the required data, but only McCreary Carporation from Stuart quoted the coverage as a Third Party Administrator (TPA) with the re-^i.nsurance being provided by Commonwealth Life Insurance Company of Louisville KY who has an A+ rating with A.M. Best Ca. A copy of the specimen contract with Commonwealth is provided for information only, the original for signatures will fallow at a later date. The proposed contrast with McCreary is also included. McCreary Corporation is the TPA far the Indian River County School Board as selected by competitive bids in August of 1989. Pursuant to city code section 2-64 (j), "The city council may waive or modify the bidding procedure an specific contracts for goad cause". RECOMMENDED ACTION Move to grant a waiver of bid procedure and ratify the contracts with McCreary Corporation as Third Party Administrator and Commonwealth Life Insurance Company as the re-insurer. 9/~~ 1 f F'l~ sE. FALLACE, NASx ~ To1~Y, P. A. , ATTORNEYS AT LAW GARY B. FREBEt JwasES H. FAzx.n,c~ CHU.~L~s Iwx NweH' VINCENT G. TOItPX. JR Rxcx3Axa E. TOItYY (}nEaaxY s. HA.NBEN J. PwTxlcx ANDEIZSaN LwUxw L. AxnER$aN Wlr,t.rAV A Gxla~x OF COUN6EL 9~~ s. HARBOI7. CITY BLVIl. SUITE ~Ob MELSUURNE, P`L4RInA. 32901 14p7) 984-SSOp FAg (407) 9b1-3741 t Bowan CIDATiFIED rx TAEATION ' Bawnn CBRTIFreD iiv ESTATE P1.ANMWO wrTn PROBATE September 17, 1991 VIA IIAND DELIVERY Robert S. McClary, City of Sebastian P.O. Box 780127 Sebastian, Florida City Manager 32978 Re: Creation of Self-Insurance Plan Proposed Administration Contract for Services Our File No.: 91-7347 Dear Robb; I have enclosed with this letter the revised version of the proposed Administration Contract for Services for your review. Please note that I have strongly recommended that the City of Sebastian utilize an insurance consultant, such as Crawford & Co. to advise the City on the enclosed agreement and the proposed arrangement being made with a re-insurance company. The insurance consultant can also assist the City in formulating the terms and conditions of the Employee Benefit Plan. Should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, CIN/lcr Enclosure as stated FRESE, F LACE, NASH & TORPY, P.A. v CHARLES IAN NASH, City Attorney ADMINISTRATION CONTRACT FOR SERVICES THIS AGREEMENT made and entered into this 1st day of October, 1991 by and among the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as the "CITY" and McCREARY CORPORATION, a Florida corporation, hereinafter referred to as "ADMINISTRATOR." ~P T H E S S E T H• WHEREAS, the CITY is providing an Employee Benefit Plan, hereinafter referred to as the "Plan," for its eligible employees and their eligible dependents who participate, hereinafter referred to as "members," which may include the employees, and the employees' dependents and the retired employees and dependents of the CITY. WHEREAS, the CITY desires to have the ADMINISTRATOR provide administrative and claim services concerning the employee ~ benefits under the Plan; and WHEREAS, the ADMINISTRATOR covenants that it has the expertise and ability to provide administrative and claims services concerning the Medical Expense Benefits, Life Insurance and Reinsurance under the Plan. NOW, THEREFORE, in consideration of the mutual benefits and obligations of the parties hereunder, the receipt and sufficiency of which are hereby acknowledged the parties agree as follows: 1. PURPOSE 1.1 The purpose of this Agreement is to provide a Plan to the members as provided in the CITY'S benefit booklet which is attached hereto and made a part of this agreement as Exhibit "A." The ADMINISTRATOR shall provide administrative and claim services on behalf of the CITY in accordance with the provisions of this Agreement and any amendments thereto. ~1.16U 2. SERVICES O BE RFORM D 2.1 The ADMINISTRATOR shall provide and be responsible for the following services: a., Development and preparation of announcement material acceptable to the CITY detailing the Medical Expense and Life Insurance Benefits provided by the CITY for the benefit of members. b. Review, in accordance with local standard review procedures, of reasonable and customary, medical and life claims on the Plan made by members. c. Payment of claims on behalf of the CITY directly to the members, or, on receipt of proper assignments, to the providers of the medical service. d. Coordinate claim payments directly with other plans and/or insurance carriers under Coordination of Benefits provisions. e. Direct correspondence with providers, whenever applicable, to obtain necessary additional information for proper claims handling. f. Provide a monthly listing of claims paid by the ADMINISTRATOR to the CITY allowing the CITY to identify the amount of benefit payments and the claimants to whom benefits were paid. g. Make available to the CITY lists of all vouchers and claim drafts issued pursuant to this Agreement for examination by the CITY upon demand. h. Make available to the CITY copies of all financial reports regarding the account for examination by the CITY upon demand. i. Obtain a comprehensive audit performed by an Independent Licensed Certified Public Accountant selected by the CITY at the end of each twelve month period on the payments of claims and administrative services, if requested by the CITY. j. Preparation of a Summary Plan Description ("SPD") in accordance with the provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"), and filing a copy of the SPD with the appropriate federal governmental agencies. - 2 - k. Revision of the SPD as required by ERISA and filing of a copy of each amended or revised SPD with the appropriate federal governmental agencies. 3. FE 3.1 The ADMINISTRATOR shall receive the following fee far administration of the Plan. Administration Charge: Seventeen dollars and eighty-one cents ($17.81) per employee per month, including Claims Administration, Utilization Review and other services as described. 3.2 Any cost related to any audit requested by the CITY will be at the expense of the CITY, unless the audit establishes that the ADMINISTRATOR is not utilizing, implementing or following proper accounting procedures and practices. 3.3 Any cost related to an actuarial study of the Employee Benefit Plan will be the expense of the CITY. 4. LIAHI~ITY 4.l Tn the event any premium taxes or other taxes in lieu thereof are assessed or charged against the CITY for any amounts paid or received under this Agreement, the CITY at its option, may instruct the ADMINISTRATOR to contest such assessments. 4.2 The ADMINISTRATOR shall obtain and maintain Fiduciary Liability Coverage or a bond with a corporation authorized to do a surety business in the State of Florida in an amount not less than $100,000. 4.3 The ADMINISTRATOR shall perform administrative and claims adjusting services in a professional manner in accordance with all federal, State and local laws, rules, regulations and ordinances. The ADMINISTRATOR may rely upon information on employee and dependent eligibility for benefits provided by the CITY in providing claims adjusting services and the ADMINISTRATOR shall not be liable for errors made due to incorrect information provided by the CITY. The ADMINISTRATOR shall be liable to the CITY of the members for damages or loss caused by a breach of this Agreement. - 3 - `~/.~G7 4.4 The CITY is providing an Employee Medical and Life Plan for its eligible employees, retired employees and their families. Accordingly, the ADMINISTRATOR shall be reimbursed by the Trust Account for all benefits properly paid by the ADMINISTRATOR. Payments by the CITY to the ADMINISTRATOR will be made in accordance with the procedures set forth far a municipal self insurance program as provided by Florida Statutes. 4.5 The CITY is solely responsible to the members for the payment of any Medical Expense Benefits the CITY has agreed to provide pursuant to the Plan. Should a claim dispute arise, the ADMINISTRATOR shall issue or withhold payment in accordance with standard claim payment procedures. The CITY shall defend and hold harmless the ADMINISTRATOR from and against all suits, actions damages, costs, charges or expenses (including reasonable attorney's fees) which may result by reason of its refusal to pay or settle any claims to the satisfaction of members, which claim is processed in accordance with standard claim payment procedures approved by the CITY. 4.6 Life Insurance will be provided by a Life Insurance Policy and shall be administered in accordance with the terms of such policy. 5. TERMS OF AGR EMENT 5.1 This Agreement shall be effective from October 1, 1991 until terminated by any party as provided herein. The CITY may, at any time, cancel this agreement by giving the ADMINISTRATOR ninety (90) days written notice of such cancellation in which event this Agreement shall terminate at the expiration of such ninety (90) days. Upon termination, the ADMINISTRATOR will continue to provide claims adjusting services an behalf of the CITY for those covered expenses which were incurred but not reported prior to the termination date of this Agreement for a period not to exceed three (3) months following such termination date. If the ADMINISTRATOR continues to provide claim service after termination of the Agreement upon CITY'S request, the ADMINISTRATOR shall receive a fee for such additional three (3) month period equal to the fee for the three months immediately prior to cancellation. If the ADMINISTRATOR pays no "run out" claims, there will be no charge. Benefits will be,provided only to the extent that amounts are available from the Trust Account to reimburse covered expenses. _ 4 6. SC L NE US 6.1 Any modifications of this Agreement shall not be binding on any party unless the modification be in writing and signed by all of the parties. 6.2 This Agreement shall be construed in accordance with the laws of the State of Florida and venue for any action or suit to interpret or enforce this Agreement shall be brought in Indian River County, Florida. 6.3 Each paragraph and provision of this Agreement is severable from the Agreement and if one provision or parts thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect. 6.4 Whenever written notice is required under the terms of this Agreement, it shall be delivered either in person or by certified or registered mail, return receipt requested, to the appropriate party. Notice by certified or registered mail shall be addressed as follows: ADMINYSTRATOR: McCreary Corporation 700 Central Parkway Stuart, FL 34994 CITY •_ City of Sebastian P.O. BoX 780127 Sebastian, FL 32978-0127 WITH A COPY TO: Charles Ian Nash City Attorney 930 S. Harbor City Blvd. Suite 550 Melbourne, FL 32901 6.5 The provisions of this Agreement supersede any prior agreements or understandings to the contrary. 6.6 No party hereto shall have the right to assign this Agreement without the written consent of all other ,parties. 7. REC TALS 7.1 The recitals captained in this Agreement are hereby incorporated herein and hereby made a part hereof. - 5 -- ~~~~rr IN WITNESS WHEREOF, the parties have hereto set their hands and had witnessed the day and year first above written. Attest: Kathryn M. O'Halloran, CMC/AAE City Clerk (City Seal) Approved as to Form and Content By: Charles Ian Nash City Attorney Attest: Secretary (corporate seal) CITY OF SEBASTIAN By: W.E. Conyers, Mayor McCREARY CORPORATION By: William. T. McCreary, President - 6 ~xc~;~s toss ~r~~n~MNZ~'Y coNT~~~+cT CONTRACTHOLAER: CCNTRI~CT NUM~3ER EFFECTIVE p~1TE: ~i'-ia Contract is delivered in the S~.ate of issuthe ~ual~,fica-t onda-~Ogferla~doa c PY state- Your bccess Loss Coverage Application, os of the effe~iv~ date of your pt your ~mplayee ~feChisPGvntractile with the ~~~ coverage aaxe part a ~]°Vu~ not lixnite~ to, type of coverage, of f e~a.ve and ~d Tne in£armatian a,ncl>adaaig butt Up,;,Yg1C,~TIgN OF oFFP:R expiraxian dates, and ~ricunts cc+ntained an the SC"H~~- Q EXCE35 LOSS CAL ,~ppl,xCp.T10N is bused an ~.nfar+'~-tiian relevant to each employer unit ma~~-n9 aPPlirati.on For cwerage under th~.s Gantzect. . co of the Gontracthaldez's Benefit Pleati ig also attached. Nv change iri the B~anefit Ply shall affect liability undez this Eysceas~T.osofxapp o al.~ntra~ unless approved riy the Camp~Y and only after the Gpmpany ~ This Contract hrs bin signer °n behalf o£ the Carr~nY 1~!' its President and Secretary at the Coma~ny's ham office i.n Louigvi1le, KentUtky. onTi: of ~ ssu~ STnTL• ~F IS5[]L: Homed above (herei.n called the Companyl will FAY You when yov The insurance Cor~x--ny have a clam ar-d provideacthez rights anc~ pzivi.l.eges- subje~ to all tY~ tezr~ conditions of this ContX Thraughaut C,riiS Contract, "you" snd "youz" refer to the Contzacthpldex. Coverage under tha.s Contract i$ ~n5~ nieueonsa.aeration of the CortracthbZders A lication and paymr»t of prd~ .. ~~' ~ Se,eretary ;;CC1~~.4 ~•~+ ~r4sfdent /~U ~~1kjN~131NI SSO"1 d0i5 L1~:60 ti6- 9Ca d35 ~ . ~~.~ caNr~~~ gage ~. SchedulQ of Cov®x'aga ~ 4 - pefirt3.t5.on 4 ~. ~pa.oafi.c Exca~s Coverage ~ b. Aggregate Excess Cav~rage ~ 7. Lim~,tations of Covezaga 6 8 . Exc1 ups ions 7 9. Contxact Term3xsatian 8 ~.~. Renewal. ~'1~~ ~~1,~u~i~~~~ ~1 I, 8 11. Candita.ans $ ~ ~ -+ 7,1tiNa3lNi SS0~1 d015 Bb :60 t6 . 90 d~S 4 . .'~T7~_ INZ~,.1~Q~].~.1 ApP;,xCATxON means your Excess Lass Coverage Application And the Qualixicatian cf Q1ter- ~,MNEFX'~ PLAN (else c$lled the Plan) means the th ~Cpve~ede U itsYau These ary: eed to provide under g plan of benefits far we»efits axe e-a defir-edCam ,one wastafn the gff¢ctive Datewafc Your icvverage ~,»d en file with the F Y including aTfX amendments to such Plan that axe approved pursuant to the Previsions of this Contract. . Pl~~ gENEFxTS PAYMENT ON ~ @fic~und~x trie pl$nAto$which ~C v read Units$or ,Jeer, the total emaunt of ben act to an limitation of covered Persons become entltlad under the Plan s~7 y this Contract. Such amount of banefa.ts shal7~ only include the eligible expenses incurred by n Covered U»it er Covered Pe~'sons an or after the Effective Date of the oover~-gea and paid either (I.) fluxing the GQntract Year, ox (~) if pxQVided i.n the Application, within t sENEFx'S PAY ANTS ON ADPAID after the Eff*Ct~.ve Rate of the Contract. PLAN BASxS mean, for a Contract Year, the total amount of benefits whick~ Covered subject to any Unit or Covered Persons are paid pursuant ,~efits h 11/include: only the limitatxans of this ~aaZiey, such amn ~ to the eligible exP ~ ~ covered Persons up e~nses incurred by Cov 1 i.raits stated an the Applicatisna8 or ~ d Paid nSa~is caatrset foxth ~etthe on an ~.ncurred and Pa~.d Sa i Application, such benefits shaClaims whl.chu are n tdreimburaabZe underathe ar-cunt; any other expenses vx terms of the Plan: or ant qx seXhe:»seaof ling tion eshall be i:noluderd urcAn No cost o~ claim paym F Eligible. Expense wa.l~ be cansid tee isberovi.deded Drafts ~ checker w recox or the supply' tv which ~t rela P other transfer of funds that are hanoread by the institution upon which drr+wn shall be counted as amounts paid. ELICZ~3~ EXPENSES roman the charges which are covered and tar which benefi.ta area payable under the Plan. COVERED TI~tYT maearas an individual employee: an emglayeae with depeandents; cr such other dafir-ad unit; as shown by eridarsemant to this Contract; covered under the Plan• N~~3ER OF COVERED UNITS means the totalC~veread ~Tnitsvfordtihei~l.rstrContxacn any one Contract Month. The Number of ,~Qnth at the first Ccntra.ct year isa t ¢Monthatands ~ ntract Years uw~11 be covered Units Par subsequent cantx determined on a mcanthly basis in aec emcants f theme plan~f inition of GQVered Units and Kith the ela.gibility requxz~ COVERED FER5GN means a Covered Un~.t, or, an the case of a dependent, a m®~ex' of a Covered Unit. the M~HTHLY AGCskiEGA`I'E RETENTYON Schedule which i.s multiplied Month of the Contract year p-mount . AMaC"'NT FACrC7R Weans the factor Shawn ~.n by tl^.e Number the Annua d Aggreq to h Retent icon try Determine _4- 9/~~ ~ h'.~ '1,1dNd~LNI 550 dOlS 8h:6~! ZE. 90 d3S ;:~IyIAL ANN'~7AL AG; REG3-TE scE'I'"G':iTI~N ~,M'DUtrT means the to;,al number cf r:~it~.al Ca~rered Unf.ts shown in the Schedule multip~.ied by the carrespa:~d~.ng Mont:tily ;.gg_egate R~xtention Amount ~'aG;.ar muJ,tigliad by twelve. ti;~;l'ri1VM ANNUAL AGGREGATE RETENTION AMOUNT .i : the afivunt Shown in the Schedule, which amount is e~.:al to the Inita.al Annual Ags~ragr~te Rr~tQr~ta,on ?,mount multip].~.ed by the gr~;ater ax 85~ nr the percentage Shawn in the 5ch.edu].e, regardless of how fang this contract is in force. S2ECIFZC RE~'ENT20N ,A~iort7N'I' (OR SFEGIF~C ATTAGH~NT FOxN~') means the amount which is whal~.y~ retained by xau as thown in the Schedule. The Specific Retention Amount app~.ie$ separately each~Contxact Y4ar. The speca.fic Retention Amount for each Contract Year w3.].1 be determined annually by us. ANNCTAL AGGREGATE RETE~ITIDN AMOUNT (OR AGGREGATE ATTAC~NT FOINT OR AGGREGATE DEDUCTIHT.E AMOUNT) fax the Contract Yens, or any Exaction thereof if this Contract t~ax`~uinates during the Contract Year, means the greater pf; (1) the sum of covered Units multiplied by the corr-eSQonding Mcanthly Aggregate Retention Amount Faetox far each Contract Month; ar (2) the Mina.mum Arnural Aggregate Retention Amount shawz~ ~.n the schc~du3.Q- Such amount 18 that pgxti0n of the Eligible Expenses fax the ta,l number of CcvQred Units for the eantra.ct rear, ar any fraction there the Contract terminates during th+t Contract Yeaz, that is wholly ret y you. REIMBURSEMENT FACTO~t means the n,taga ~k~awn iz- the Sahpdule und~z company's Limit of Liabi7.ity. Se ate. Raimbuxsemcsnt Factors apply td the Aggregate Excsst~ Coverage and to the Specific Excess Coverage. SPECIFIC ANNUAL M~#XIMUM .MOUNT means -the amount specified ~.n thae schedu.la and is the max~.mum amount payable under this contract tw you for any Cavexed. ?ersan during the cantzact Year. CON'z'1~A.CT~iOLbER (referred to pis "you" and "ycsur") means the entity 3,dentif'ied as such in this Contract or any Trust established by ar far the Ccntracthalder under the B+~nefit Plan. Ccantractholder includes arty Trustee(s) named uzader sucks Trust if such Trustee(s) aro Individuals other than the Contractholder. CONTk~ACT YEAR means the period from the Effective Date to the Erpiratiox~ Date as shown in your Applicat~.on; and any subsewent 12 consecutive months the cova~rage is continued beyond the Exp~.ration Aate. The Effectivex bats a,nd ~rpirat3.on l~st+~ ors $s standard ~Gi.:ne at the address of the ccntracthol~ter as shawr- in tkae Schedule. CONTRACT MONTH means the first Contract Month begins nn the 'Effective Date of tha.s Gantract and ends on the corresponding date of the folXowing month. Subsequent CantraCt I~in~ith.t Segin an the cv:respnndinq oat! of each, calendar mcn~h and Cnntirsu,e until the corra~spc~ndinQ date cif the next month. ~, OUR, and V5 means Commonwealth La.fe Insurance Company, _5_ ~ ' ~+ '1.1t~N~13.LNI 550 d015 Erb' :60 T6. 90 d35 •~ - G ~ F p,, In accordance with the tgxms of th~.s Contract, Wa wil3. pay the Specific Excess Ber-efit•- if any, to You within b0 days after acceptance by us of proof of loss and r~ur receipt of proof' paytuent of BQrief~,ts for eligible Expwnses under the Flan. H. The sp~ac~-f~-c Excess Benefit with respect to each Covered Person far any eantract year, ax fraction the~'eo£, skull bQ determined by mu7.tiplying the Reimbursements FaGtax• by the result of scubtraeting tkie Specific R4tent~.on Amount xrnm the P1$~n Benefit payrna~nts (on an Incurred and Paid Basis or a 'Paid $asis as specified in the App~,icat~.on) with respect to the Covered perrto~x_ rn no event sha11 the gpecifi.G Excess He~nefit for any Contract Year exceed the specific Annum. Maximum Azntaunt. ~. v ' A, In aceordancn with the terms of this Contract, We w.ll pay the Aggregate Excess Benefit, If anyr to you within 90 days after acceptance by vs oP proof of loss and our reaaipt of proof of payment bf bena~fits for Eligible Erpensea under thy: Plan.- B. The Aggregate Excess aenaP each Cnnt:.aet Year, ar fraction thereof, is the plan Payments an an Incurred and Fa3.d Basis, yr a Pa,).d Bas coif fed ~.n the Applicati.an, during the • contract 'dear, 3.ess 1, the Annual Aggregate RHtention A~paunt; and 2. the gPeciEiC Excess Benefits whick~ have been or,wiXX be reimbursed key Us'under the specific Excess coverage. m~t1t~.~lieQcbYf,iGhundermAggrer~ate Excess Cover geein thetSchedule m amount sp 7, c A. we will nQt have the rr~spon$ib~.Xity or obligation under this Contract to d~.xectly reimburse any Covered Person or provid$r vg professional ar med~,ca7. Services far arty benefits which you have agrteeh reunde ~a s to youheing~co d nce Pwith thertarms 11~abi1.3. Y of the Contract. H. Notwithstanding any provisions to the contrary in the Plan, iE a Covered Person is not actively at wank at hie ncart~al oGCUpatxan or a Deper~dent is hospital canff.ned when this E}CCe~ts Loss xnc}emz>,ity CoritXaat k,acam¢s Q~fective. (1) rid covered benefits shall b® provided under this Contract for any expenses incurred; (2) no expenses incurred shall be used to satisfy either the Spaca.fi.c Retentien amount or the Annual Aggx'egata i~etenti.on Amount u~i~,ess they were i,ncurzed on ar after the day next following the data suak~ Covered person returns to work on a full-time basis ar such DCPendent's aQSSUCh1Dre snder7t sta.1Z xae~ata alig~.bi~.ity requx.rement~ pfrthe r P Plan. ,,. `i,laNL131tiJI 5SD'1 d015 0St6Q j6. 90 d~S a. ~r.•_ sv *_oNhc mhis Cantract will not re~,mburse you far any Xoas or expense caused by or resulting fxom any of tk~e following: 1. Txpenses incurred while the p7,an is net in fCxce with respect to the Cova.ra~d Parson, ar by a ~,ezscn not covered under the Flan. 2. Expenses which reauxt from Dental, vision, or w~eekl.y a,ncame benefits, unless sp~acifically indicated an the Application. ~. Liability assumed by you under any contract or service agreement ether than the Plan. a. Exp+~naee which are incurred for treatment which vio~.ates any statutes or regulation. 3. Expenses Which era bil3.ed in excess of the usual. and custa~-ary cherge fo= lveality where ineurzed; or any amount paid which is in excea~s of the Plan lenefits_ ~. Expenses for pccupat~.onal inaury or sickness if the Covered person ~.s a~ntitled tq coverage for such expenses under any Wor3cer's Campensatian or accupat~.anal Disease statute, whether or not such coverage is ally in foXCe.. 7. Cost of: the adma.z~i of claims payments, ar other service(s) pzovi. he adm~.riistx'ator; consulting Pees and/or expen~a~s ~ litigataan. 8. With respect to e~+eh Covered Person who is elig9.bl.e for benefits under Medicare, a benefit otherwise payr+b].Q under tha.s Contract far a supply as service shall be reduced by the amount of the Medicare Benefit for supply or service so that the total reimbursements hex~eurtder on behalf of a Covered Person shall not exceed 7.00: of the benefit payable under this Contract. It will be conclusively presumed that each covered Parson eligible far benefits under Medicare k+ecam+~ covered for a)..1 parts of Medicare to which he/she is enta.tled vn the, earxiest passible date and thereafter mainta~.ned e~uck~ coverage in farce and received payment fc+x~ such benefits_ 9. Medical expenses in cannectXon with experimental ax investigational surgery ar treatment as determined by the Health Care Financing Administration of the Department of Health and Human services. 10. Expenses resulting from loss or damage directly or indirectly aecasioned by, happening through or in cvnsaquence of war, invasion, acts of foxeign enemies, hostilities, civil war (whether war be deols.red qr net) , rebell~.pn, reevcilutivn, insurrection, military ox usurped power ar arrnf iscstian, or natio~x-l,izataon or requis ~.t~-on or destruet].on of o7C damage tea prop~trty by or under the ord~x of any government oz public az lvcs.3. authar~.ty. .,~ "~ '1.1dNzi~1NI 550'1 d0.1S 05:60 T6. 50 d3S ~ ~. CT This Contract and all coverage r.sreunder will terai~nata upon the gar~.iest of the fa~.lowi»g: 1, Except as provided in the Payment of Pxemiuaidro ids the subs~er~-uetlt of any period tpr which the premium is p premium is not paid. ~, cancel].atier+ date enafr~hig Contract the Gancallation pxovis~.on. ~. The Expiration Dat 4. The date of texmindtion of the Plan. ~» addition to the Termination provisions ].fisted abeve, the Contract aha~.l automatically terminate less We have pr3.QZ~to 9u h eancc~~.latiann you and the Admini.strat©r, un ~ ~,~ agreed in writ~.ng to thwe~nccousandathensuccessor adma.nistratc~rVe ~, cQpy of the ggreQmerzt bet X 1D. EN W Coverage may be renewed far subsequent i2 month period by writtQn acceptance by yov of the renewal terms offered by US. 1Z. ~oNDITIdNS s Contract aha~.I. be as stated PREMIUM: Th.e premium basis and rates ntraetholdex for Specific ExcesW in the Scha~clule. Premiums payable all be based upon the actual number Gaverage and Aggx'egate'Sxcess Cave b the applicable Premium rata. Upon of Covered Unfit: each month multipl Y eXpixation or termination of th~snrdancecwith the pre ium r nd dexposure~basis premium shall ba compute.d in acc shown in. the Schedule based an the actual number ° vu sh 11 pay thraexoesstta xf the earned premium Qxceeds the premium paid, y Ua~ fif ].e$s, We shall zetuxn thifuareiarn~hownrinpthe S hedul~e. paid to you, subject to the minimum premium, Y gE'VXSEti PREMIUM CoMPUTATXoN: We reserve the right, subject to 3~. days prier ~Nx-itten notice to the cantxactha7.de sate ~ xtbfoll wing ptheygffect3.ve Date effective ott the. first anniversary ar as of any prezai,um due date a~eeralJ~taf ~ the ben f its pxo ided hundercthis any 12 xaonth period, far anYremiurn due to amendment to the Plan shall nc~t Contract. An adjustment in p i:e considered new premium rates. ?AYyIENT ~~' PI.~EMTUM Cnntxact Year. A pre:nfium after the continue i;~ fdree- ~ ~, day pr~nric~d, this prcmi.um due date to Premiums are due and payable on the tires t eft of each pe=iad of ~1 days wi7.1 be 9ra~riadtthis Contract W111 first premium, during which P th~,s Shou7.d a prc~miurn ~,t.herwise due not be, paid during ContxaGt will termi.natr~ without gurthE~C nAtiCe, a5 cif the which premi.uns were paid. DR'f~' gEQVXRED: ~yau shall maintain adequate rQCOrds accept$ble to Us prav~.d& any ingorrnativn requi~'ed by Us to adma.nistez this Contract. we oux records relating to the coverage under periodically exam~l.aints ~ led under the Plan. Contract arxd any sand may tl~Xs $, ~ ~.1Dwa~1~z ss0~l dC~lS zs ~6D Z6. ye d3s C=.,ERICAL ERROR: Clerical Qzxor, whether by you or by Us, i.n keeping ~n~ records pertair~a.ng to the coverage, w~,11 net irtvdXi,dnte coverage cathe~,~risa validly i.n force or continue coverage o':heXw~.se validly tt~:ni.nated. ~,„~!ENT,7M~N"f5 To THE CONTRACT: This C©ntrmct muy be amended at any time with the mutual consent by you and Us. a,~EN1~,MEN'I'S To THE PLAPr (7R ADMIMISTRATIVE AGFtE£MENT: The k~lan shall not be c;~angead while this Contract ~,s in force without our prior written aa~7sant. Ttot.ice of prapcsed amendments tc the Plan must be received by Us a.n writ.inq at our home office at least 37, days p=ior to the Effective Date of the Amendment. Unless we give prior consent ~tv the amendment to th~x Flan, csnefits will be payable under this Contract as though the Flan had not been a:nendac9. In no event shall. the Company pay any benefits in excess of the benefits payable by the contractholder under the Flan. Furthermore, you will provide va wit2i a copy of your written agre«~ment, and alb. amendments thereto, with your Administrator. You agree that a copy of any further arnencliments to, or change in, sa3,d agreement she~,l be provided to Us prior to the time it beaome5 effective. NOTICE: For purpose of any notice re red from Us under the provisions of this Contract, noticr~ to the Ada~tf.nist shall be consider~sd notice to you. Notice to you ~shaxl be considered to the Administrator. A,DMIN~STRATxC?N QF CLAZMS UN~?E PLAN: 1. You shall t~1l,dertake at all times to employ th~- services of an Administrator. 2. Tk~e adm~.nistrativr sY~a11: a. supervi~te the adminis'Gration and adjustment of all claims and verify the accuracy and computation of all claims; b. maintain accurate reccrda of al]. claim payments; c. provide IIs on or before the .5th clay of each and every Contract Month on a reporting form suppla.ec~ by U5, the following data with respect to the immediately pz~sceding Contract Month: ~.. Number of Covered Units; 2. Premium Paid; 3. Retention amount; and 4. Amount of Qaid Claims. AUDIT: we shall have the right to inspect and audit aXl reccrxds and procedur~:s o:~ you and your Administrator. we may require, upon rey,uest, proof of retards satinfactory to Us that payment has been made to the covered person cr the praviaar at such services or benefits which are basis of any claim ksereunder. r10TxCE OF CLAIM: You shall gave written notice of claims tp Us can a farm aravi,ded by Us within ~o de~ys a:~ the date you became aware of the aristence of facts which would rsasanably suggest the possibility that benefits will be incurred which are covered by this Contract. Xou sha~.l provides at least ~o days written notification tc Us when benefits have been incurred by the Cave~ed PQrSOxx which ax'e equa,J. to taX exceed °S0~ of the Specific Retention amount. Xour failure tc~ furnish suc21 wri.tt+~n notice within 30 days shall ncat~ invalidate nor reduce any claim iP it was not reasanabl.y possible tea give _g.- ~ ~ ~ ~ .1tiN~131NI SSO"1 d015 2S : 60 't 6. 51~ d35 . sudh written notice within such t~.mp and provided we have net been px•ejudfcad }n any manner, provided that such written natiaa is fu~~nished as soon as passible but xn no event later than 1 y¢ar aster such benefits have be~:n paid 5y you. You. and your administrator sha11 submit on a timely i~asis all orQafs, reports and supporting documents zaquea~ted by Us. NOTICE aF APpEAL: Any chjec:.ian, notice of legal ad::iQn, or complaint xeaaived on a Gl.ai,m processed by you yr your administrator, and on which i,t reasOnab3.y appears benefits will be payable w~dex this Contract, sha~,l be brr~ught to -the immed~.et~a attention of our Claims Department. SUBROGATION: Ypu shall. prosecute any end a]. ]. va~.id c2ai,ma that you may have against t:tix'd parties arising out of any occurrence for which benefits were paid under the Plan and to account for any amounts recovered. Should you fail to prosecute any valid c~,aims against third part3,es and We thp~zeupon b®cam® liable to make payments to you under the terms and contract, then Wa shall be sttbrogated to all your rights. Any amounts recovered by Us shall be used to pay the expensr~s of collection and reimbur r he f~ rmsyof this Con ract ay A11.e m unts thus mr alni gtsk~al.1 t4 you unde b~ paid to you. CHANGES. Nctiaa to any agent or knowledge possessed by any agent or by any ether person shall. not effect a waiver ax' a change in any part of tha.s Contract or stop Vs from assert3.ng y right under the terms of this Contract; nor shall the terms of thi thiscc ntractVed ar changed, except by endax~sement issued to farm a p CANCELLATxON: This contract a canae7,led by the Cantractholdez upar~ Surrender thereof to vs, oar by ailing a written notice to Us stating when, not lens than 30 days thereafter, such cancal.l.ation shall be effective. This contract may be~cancelled by Us by mailing, to the Cantractholder at thg address shown ~.n this Contract, written noticr~ stating when, not less that 31 days thereafter, ~such cancellation stated. in the notice shall be deemed the end of the Contracet 1v l ~t oe mai ~ g f such written notice either by you nr by Us shah. be qu If the contract is caner~lled ar if cnvexage on the Contractholder is cancelled, appl~.cabXg earned premium ShaXi. be computed pro Rata. premium adjustment may be made either at the time cancellation is effective or as scan as practa.ca~. of is npta$lcondzti.oncofecancel~ tion but payraant or trandacr of unearned prsm~.um xNCQNTEsTABLE CLAUSE: This Contract, your Employee $eneflt P7.an, the Qualification of Offer and Application, copies of which era attached a:~d madQ a part 'hereof, sha~.l constitute the enta,re contract betwraen the parties and, excs~pt for non-payment of premiums, shall be inGOntestoaubl sha,llerbe 4d~emed the date of issue. A11 statements u-ade by Y representations and not Weer unless it isocontainedti.n a wr ten inst~ment defense of a claim 7~ereund signed by you. T,EGAL ACTIC}N: Na action at ].aw ar in equity she].]. be brought to recover on this Contract prior to expir w th the raquir me:nts f thisn~ont ac f loassuch been furnished 3n accordance i ~,rataon of ~ Rears ai`ta:r the tame act~.an shawl biz brought aft iredhta be gutnitsh~d. written proof cf lass is rec~u -io- =fl~~~ ~~ •,~ ~. ~dwa~.~N~ sso~ do.~s ss =6~ tis, 9© des CCNFORMZTY WITH S'I'RTE STATUTES: Any provisa.an o>" this Ccntrsct which on itg Effective Date, is in cgnf].ict with the rtatuGa~ of the state in which i,t is wssued, ~.s hereby amended to conxarm to the ~nini~mum requ~,rements of such s~$tutBS. X~EpRESENTATTD~TS : 8y Acceptance v~ trims coverage, you agr~e+e that the statements in .the A,ppl~.aatian, thr~ aualifiCation of Offer, and the Sehedu~,e era. your agreements and representat~.ons, that thus cQVe~cage is issued and continued in reliance upon the truth of such repxesentations, ana that this Corct7ract embodies all agreements exist~.nq between you and Us . FREMIUM TAx: 1n the event the Campany sh©uld incur a state premiuta tax 1ia~bili.ty with respect to claims paid by the Campany (as distinct Pram the premiums you pay to Vs) undex Your plan, You shall be obligated to indemnify and hold harmles$ the company from and against such Qremium tax 13.ability. `1ou gh~,],Z reimburse Us annually for such tax expenses, i~ any, upon xQCekpt of documer-tatir~n of tk~is expense. ~~d~~ ~.i~~ T T • r 1 ~ 11~N~31tJI SSO'1 r101S bS ~ G0 76 r 9E1 d3S org i ~,3 NO•~ yER IN~CE IAN RI OF oRD BRSASTI of THE C To THE CITY OF TICLE V TA=KING CTION $~g88 INANCS OA r NDIOF E piBTI~AMpg,SNDIN OF ogFl DAgD :~ AN ORD FY,ogID CITY BOAS TERM 8 CO~ ~iCFB OU8 ~~OaC~ NINGC01)ET~NFg4 'r~I811~~ TAI B gpgTIBSCTION Z~9 8~8~•~ oAN gECTION A~ ggppECT=ON (~) (a) OF og T~ ION (d) GANG=ES NSN gUBB gER~=~1(3 A$ ND ~G 8 FOR FIL7+IN9~ To ~DINOIyIOU SSS~TI~ ES OR pROCS I~ ggCT RSQBI~~g~ON ~pEAy OF p~~~N Y FOR OF ~~ IN=N oNT oR ~_~ pRo~=N LI T HE~NST OF TgE pROO vING CHAIRpS~ ~ gOAR C~8 IN CONF o~INA~1 egg, ; ~ E~ TSC og~IN T~ COOE ~gAgILI"rY Cl'p' GASE has pAR~UBSON~IN o~I~IN geb st~an g$SAgFE~ I~ DATE' the C~tY of t and its ANE of a CiY Council of th to E~ASr the City the best interest th the °pp°rtunitY ~ ed that ~t is in is be pr°y~ded w~ to and as es. deterxnln that new res~den . scions and c°~lt °,~ Sebastian h citizens boards, com~i of the City son or vice sere on City City C°uncil as the chairPer °uld have NHEpgp,B - the persons se~~.n9 on or c°~ittee sh .scion or determined that the t board - comxc-15s1 ~ that b°ard - comma a as an of a G~ Y ember ° to sere chairperson ence as a regular mll of the meetings a9 exemplary er 1 t a cour ,,n9 some ex ee and attend a].mos ers- therebY- en c°~itt °ther memb ear 199. example t° the then n'exnbers' and toyer during th 2.313 ~ ttendance by the o Florida Le91sla sions of Section ll d by t a wHEgEp,B r the sed the pr°v~ t° be example tpve Session- reV1 specific factor f°r app°pntment Legisla t° add a erson Fl°rida Statutes considering a pion °r committee' ~itY Council when City board, commiss opntment t° a reapP I OF $ Nog. TgE~FO~, 8E 2 EBAgTIAN _ T O1~AI~D By T$E CI S ct, ~ IAN RISER ep~Y TY COpNeIL ~. the City of S Section 2-94 • F~RIDAi that: •F TgE CITY Section 2~9 ebast~an ~s hereb (c) °f the code °f pron. 4(c) in its Y amended Y de ordinances of anions in la.eu entirety and b feting the exi thereof adding t Stang appoi (c) T®rm of pff~aa to read as f°llows; he following new n ed tO the board. Of the regular me (1) Two tubers initially (1) year e~'ers shall be (2) two ee (3) membe apPoanted for a term ° (~) Years. rs shall f one (~) hr (2) memb be appOxnted fora t rm ° (4) There (3) Years shall be appoints e f sifter d for a to of (5) of three (~~ lY app°intments sha ~ a r gula ent shall 11 be made for a to (2 r meter any indiv . rm be) consecut ' of the actual re ave bo who infix gular nme~ ° ssrve an xx (~) con g eater o fd as sex-~,Q actual ~ wha er of the other consececutzVe yep wo an a as a regular °therwis~oard unle$sive term as St. pplicatio memb legall no 0 regula ~ ~ ~ gn seekinhe City ~~ boas ha faed to Sects-On er °f the bb~pd°~ ntment' t~h Sce~ s thin 2, a as a Section 2- ,~atY of Sebastian is 9r~ (d) °f the co ~'g4(d) in its hereby amended by d de of ordinances of fan lieu there entirety and addzn eletang the existin g of to read as followsg the follOwzng new ~~ ~, r "(d) Vaaanciss and Roappointmants. Any member may be reappointed in accordance with Chapter 162 of Florida Statutes, subject to the limitations set forth in subsection (c) of this Section 2-94, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated board seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, ar in the event of any vacancy, the City Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board, even if the incumbent board member intends to seek reappointment. Whenever a current or former board member is being considered far appointment or reappointment to the board, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes." Sectian_~. Section 2-94 of the Code of Ordinances of the City of Sebastian is hereby amended by adding new subsection (f) to read as follows: "(f) Chairpersons and Vice Chairpersons. whenever possible, the individual selected as the Chairperson and Vice Chairperson of the board shall have served two (2) years as a regular member of the board and shall have attended at least ninety percent (90~) of the meetings 3 - ~~ ~^ u of the board which such member was not otherwise excused from attending by the individual serving as the Chairperson of the board at such meetings." Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 the ward "ordinance" may be changed to "Section," "Article" yr other appropriate designations. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. - 4 - The foregoing Ordinance was moved for adoption by Councilman The motion was seconded by Councilman the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vera 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. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Tan Nash, City Attorney and, upon being put to a vote, ~ .~ ~~~~~ ~- ORDINANCE NO.: O-gL-24 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THS CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN CITY CONBTRIICTION BOARD; AMENDING SUBSECTION (d) OF SECTION 7-9~ PERTAINING TO THE TERM OF OFFICE OF MEMBERS OF THE CITY CONST$IICTION HOARD: AMENDING SECTION 7-gZ TO ADD NEW BIIBSECTION (a) PERTAINING TO FILLING VACANCIES AND REAPPOINTMENTS: AMENDING SECTION 7-g2 TO ADD NEW SUBSECTION (o) PERTAINING TO REQIIIREMENTS FOR INDIVIDUALS SERVING AB CHAIRPERSON OR VICE CBAIRPERSON OF THE SEBASTIAN CITY CONSTRUCTION BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLIISION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN: PROVIDING A BEVERABILITY CLAUSEi AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that it is in the best interests of the City and its citizens that new residents be provided with the opportunity to serve on City boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the City Council when considering a person tar appointment or reappointment to a City board, commission or committee. ~~ y NOW, THEREFORE, SE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COIINTY, FLORIDA, that: Section 1. Section 7-92(d) of the Code of Ordinances of the City of Sebastian is hereby amended by deleting the existing Section 2-94(d) in its entirety and adding the following new provisions in lieu thereof to read as follows: "(d) Of the regular members appointed to the board, effective October 1, 1991: (1) Two (2) members shall be appointed for a term of one (1) year . (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. (4) Thereafter all appointments shall be made for a term of three (3) years. (5) In no event shall any individual who has served as a regular member of the board for the greater of two (2) consecutive terms or six (6) consecutive years be reappointed to serve another consecutive term as a regular member of the board unless no other individual, who is otherwise legally qualified to serve as a regular member of the board, has filed an application with the City Clerk, which is then still pending, seeking appointment to serve as a regular member of the board." (6) Each alternate member shall be appointed for a term of three (3) years." Section 2. Section 7-92 of the Code of Ordinances of the City of Sebastian is hereby amended by adding new subsection (n) to read as follows: - ~ .. r '^ "(n) Any member may be reappointed, subject to the limitations set forth in (d) of this Section 7-92, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated board seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the City Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board, even if the incumbent board member intends to seek reappointment. Whenever a current or farmer board member is being considered far appointment or reappointment to the board, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes." Section 3. Section 7-92 of the Code of Ordinances of the City of Sebastian is hereby amended by adding new subsection (o) to read as follows: '~(o) Whenever possible, the person selected as the Chairperson and Vice Chairperson of the board shall have served two (2) years as a regular member of the board and shall have attended at least ninety percent (90~) of the meetings of the board which such member was not otherwise - 3 .. ~/?~ i excused from attending by the individual serving as the Chairperson of the board at such meetings." SeGtivn__4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Sect~o~,5. CODIFICATION. Tt 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 the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 6. BEVERA.BILITY. 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 o£ 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 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. - 4 - The foregoing Drdinance was moved for adoption by Cauncilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: Bv: W. E. Conyers, Mayor 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 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. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 5 - ~/ ~ i ORDINANCE NO.: 091-25 AN ORDINANCE OF '1'~AMECNIDIYNG ~ ARTICLETI~' OIL TI H RIND COUNTY, FLORIDA, DEVELOPMENT CODE OF THE CITY OF BEBASTIAN PERTAI~gr1DING TSE SEBASTIAN PLANNING AND ZONING COIdMISBION; SIIBSECTION A OF SECTION ZQA-11.3 OF THE I O~~g~~ION AND CODE PERTAINI~iG TO THE gSTABLIBHI~LENT, TERMS OF MEMBER PROSE ~ gORG FILLINGI VACAN~CIEB IOAND PROVIDING FOR A MAKING gg~jppOl~iTl[E~ASB % CBAIRPEIRS~N ORR V4 CER C~SAIRPERSON INDIVIDUALS BEROTNQr OF THE SEBASTIAN CITY PLANNING AND ZONING COMI~IBSION: PROVIDING FOR REPEL OPROVIDiN CFOR INCLUSION IN~ ~ ~D IN CONFLICT HEREWI ~ DEVELOPMENT CODE E TAD CpgpVIDING AN EFFECTIVE DATED A SEpERA,BILITY CLAD WHEREAS, the City Council of the City of Sebastian has determined that it is in the best interests of the City and its citizens that new residents be provided with the opportunity to serve on City boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the City Council when considering a person for appointment or reappointment to a City board, commission or committee. ~~~~~ Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the planning and zoning commission, even if the incumbent planning and zoning commission member intends to seek reappointment. Whenever a current or former planning and zianing commission member is being considered for appointment or, reappointment to the planning and zoning commission, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes. 3. SeleCtioa of Chairperson and Vine Chairperson. Whenever possible, the person selected as the Chairperson and Vice Chairperson of the planning and zoning commission shall have served two (2) years as a regular member of the planning and zoning commission and shall have attended at least ninety percent (90$) of the meetings of the planning and zoning commission which such member was not otherwise excused from attending by the individual serving as the Chairpersan of the planning and zoning commission at such meetings." Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. Tt is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Cade of - 4 - .. the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEV$RABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman Councilman the vote was as follows: . The motion was seconded by and, upon being put to a vote, Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid - 5 -- r ~. 9/..~Jz. ., The Mayor thereupon declared this ordinance duly passed and adopted this day of 1997.. CITY OF SEBASTIAN, FLORIDA ATTEST: By: -- W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HERESY 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: ~Q p.m. on the day of 1997., and that following said public hearing this ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 5 .. v~ ",Da City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX 0107) 589-5570 ~tA'TE : Septemtaer 2i r , 1991 Tp : Mayor ar~d City Cat..tnc i 1 FF~CM: F'1 arming and Zoning Commiesion ..l,~,f ftC: [7--91-~~ F'1 ~nni~n~ end Zgnin9 Member~l"e^rm~ and ~ppaintment.~ F1 ease kae advised that the P1 arming anti Zoning Cammi~sican disct..tssed this ordinance at their r•eg~.tl ar meeting on Selatember i9, 1991 and recommend that tFae ordinar'tce tae passed witha the f of 1 owing changes . F'age C)rae c,har7ge the ward thew) to (All) with reference to resiclents cal" the city in 1 ine three of the first Whereas. F'age Qne del ete tFae word same fr~•am line 4 of the second Whereas where i t references (same a>; laer i ence ) F'age two item A•-5 del ete the ward 1 egal 1 y at the end o•f the seventh line. These were the and y r•ecammended charages which [sassed toy urtan i mar.ts meat i can cal` the c:camm i ss i can . Thant:: ya~.t for yotwtr consideration in this matter. 9/~~2 ORDINANCE NO.: 0--91-26 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COIINTY, FLORIDA, AMENDING ARTICLE SI OF THE LAND DEVELOPMENT CODE DF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN BOARD OF ADJIISTMENT; AMENDING SIIBBECTION A OF SECTION 20A-11.2 OF THE LAND DEVELOI'~NT CODE PERTAINING TO THE EBTABLISBMENTr COMPOSITION AND TERMS OF MEMBERS OF THE BOARD OF ADJIISTMENT: PROVIDING FOR A PROCEDIIRE FOR FILLING VACANCIES AND MAKING REAppOINTMENTS: AMENDING SECTION 20A-11.2.C.3.a OF THE LAND DEVELOPMENT CODS PERTAINING TO RSQIIIRSMENTS FOR INDIVIDIIALS SERVING AB CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN BOARD OF ADJIISTMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR INCLIISION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN: PROVIDING A SEVERA,BILITY CLAIISE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that it is in the best interests of the City and its citizens that new residents be provided with the opportunity to serve on City boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the City Council when considering a person for appointment ar reappointment to a City baard, commission or committee. ~i ~~/ ~/ /,~~ R ,. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF SEBASTIAN, INDIAN RIPER COIINTY, FLORIDA, that: Sectio 1. Section 20A-11.2.A of the Land Development Code of the City of Sebastian is hereby amended by deleting the existing Section 2QA-11.2.A in its entirety and adding the following new provisions in lieu thereof to read as follows: "A. Establfsbua-ant, Composition and Terms. The board of adjustment is hereby established and shall consist of five (5) members and two (2) alternates who shall be residents of the City and shall serve without compensation. For all appointments occurring after September 30, 1991, the City Council shall appoint the regular members to the board of adjustment as follows: (1) One (1) members shall be appointed for a term of one (1) Year . (2) Two (2) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. (4) Thereafter all appointments shall be made far a term of three (3) years. (5) In no event shall any individual who has served as a regular member of the board of adjustment for the greater of two (2) consecutive terms or six (6) consecutive years be reappointed to serve another consecutive term as a regular member of the board of adjustment unless no other individual, who is otherwise legally qualified to serve as a regular member of the board of adjustment, has filed an application with the City Clerk, which is then still pending, seeking appointment to serve as a regular member of the board of adjustment. - 2 - 1. Continuation of present board members. The present members of the board of adjustment shall continue in office until their respective terms expire and their successors are appointed in the manner provided by law. 2. Appointment of alternate members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the board of adjustment may attend all meetings of the board of adjustment but shall act only the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the board of adjustment shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including an alternate member, for three (3) consecutive meetings, without an excuse approved by the chairperson of the board of adjustment and noted in the minutes, shall be deemed cause far removal of the member by the city council. Each alternate member shall fill in far a regular member who is absent, disabled or disqualified on a rotating basis with the most senior alternate member to be the first in the initial rotation. If more than one regular member is absent, disabled or disqualified, then bath alternate members shall act as members of the beard of adjustment. 3. Vacaacies sad Reappointments. Any member may be reappointed, subject tv the limitations set forth in Subsection A of this Section 20A-11.2, above. Appointments to fill any vacancy, - 3 - ~_ ~~~ 253r' ,ia ~ *~i, :,~: shall be for the remainder of the unexpired term of office of the vacated board of adjustment seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the City Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board of adjustment, even if the incumbent board of adjustment member intends to seek reappointment. Whenever a current or farmer board of adjustment member is being considered for appointment or reappointment to the board of adjustment, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes." Section 2. Section 2pA-11.2.C.3.a. of the Land Development Code of the City of Sebastian is hereby amended by deleting the existing 20A-11.2.C.3.a. in its entirety and adding the following new provisions in lieu thereof to read as follows: "a. officers. The board shall elect a chairperson and a vice chairperson from among its members. Whenever possible, the individual selected as the chairperson or vice chairpersan of the board of adjustment shall have served two years as a regular member of the board of the adjustment and shall have attended at least ninety percent (9p~) of the meetings of the board of adjustment which such member was not otherwise excused from attending by the individual serving as the Chairperson of the board of adjustment 4 - at such meetings. The City Clerk shall select an individual to serve as secretary for the board of adjustment and to take minutes of the meetings of the board of adjustment and to perform such other duties as appropriate. The chairperson, or in his/her absence the vice chairperson may administer oaths and compel the attendance of witnesses." Se t'on 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 5. BSVERABILITY. 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 - 5 - ~ ~" ~ ~~~'~e7 ~ q/. ~~.~ Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in fu11 force and effect. Section„ 6. SFFSCTTVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell ~ ~` ~~ '"" """ Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of 1891. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk -- 6 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 an 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. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 7 ~~ .~ ~.~/ ~~ / !'/ /'l~'~ • / ~'r~ e ~ RESOLUTION NO. R-91-39 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 12.5-3 of the Cade of Ordinances of the City of Sebastian provides that modifications of golf course rates sha11 be established by resolution of the City Council following one public hearing; and WHEREAS, the costs of maintaining the Sebastian Municipal Golf Course and its premises have increased since the adoption of Resolution No. R-90-44. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. ANNUAL MEMBERSHIP RATES. Commencing December 1, 1991, the annual membership fees far the Sebastian Municipal Golf Course sha11 be as follows: 1 ~//~~~ e "91/92 ANNUAL MEMBERSHIP FEE$ c~k__y_-- ~--• Membershi Fee Family $ 700.00 Single $ 55D.00 Non-Resident Membersh,~ Fee Family $ 1000.OD Single $ 800.00 Family membership means a married couple residing together and all dependents living at home under the age of twenty-one (21) years. Proof of residency is required to obtain Sebastian Resident rates. All new memberships are subject to a two hundred ($200.00) initiation fee. (This fee is non-refundable.) Bag Storage (Single Per Bag) $ 4D.OD (Double Per Bag) $ 8D.OD Foot Locker $ 15.00 All of the above are subject to sales tax. is due on or before December 1, 1991. Renewal of membership 2 SECTION 2. MEMBER DAILY RATES. Member rates, including greens fees and golf cart fees, for the Sebastian Municipal Golf Course are hereby established as follows: MEMBER CART RATES AND WALKING CONDITIONS l8 HOLES 9 HOLES CONDITIONS $ $.00 $ 4.OD All Year WALKING NOV. 15th 1991 to JAN. loth 1992 After 1 p.m. JAN. 15th to APRIL 14th 1992 18 HOLES After l p.m. 9 HOLES After 2 p.m. APRIL 15th to NOV. 14th 1992 1$ HOLES 9 HOLES All Day WEEKENDS AND HOLIDAYS 1$ HOLES 9 HOLES After 1 p.m. 3 ~/ ~C / f SECTION 3. NON-MEMBER DAILY RATES. Non-Member rates, including greens fees and golf cart fees, for the Sebastian Municipal Golf Course are hereby established as follows: NOV. 15th to DEC. 14th 1991 18 HOLES 9 HOLES CONDITIONS $ 1$.50 12 50 $ 11.50 7 a.m. to 1 p,m. . 9.50 After 1 P.m. 7.00 After 3 p.m. FLAG CARDS $ 13.00 All Day WALKING $ 9.50 $ 7.00 After 1 p.m. DEC. 15th 1991 to JAN. 14th 1992 $ 22.50 16 50 $ 16.50 7 a.m, to 1 p.m, . 13.50 After 1 P.m. 11.50 After 3 p.m. WALKING $ 13.50 $ 11.50 After 1 p.m. JAN. 15th to APRIL 14th 1992 $ 28,D0 7 a.m, to 1 p.m, 21.00 $ 18.00 After 1 14.OD p.m. After 3 p.rn. WALKING $ 19.OD After 1 p.m. $ 14.00 After 2 p.m, 4 r APRIL 15th to NOV. 14th 1992 18 HOLES 9 HOLES $ 12.50 $ 9.50 16.50 10.50 12.50 9.50 9.50 13.00 ALL SPECIAL CARDS WALKING WEEKDAYS 18 HOLES 9 HOLES $ 9.50 $ 5.50 WEEKENDS AND HOLIDAYS $ 18.50 $ 11.50 11.50 WALKING WEEKENDS $ 12.50 $ 8.50 GROUP RATES s lz.oo LEAGUE (9 HOLES) $ 6.00 CONDITIONS 7 a.rn. to 8 a.rn. 8 a.m. to Noon After Noon After 5 p.m. All Day CONDITIONS All Day 7 a.m. to 5 p.m. After 5 p.m. After 1 p.m. WEEKENDS & HOLIDAYS S 16.00 All of the above are subject to tax. All replays are at cart fee only. Club Rental $ 7.50 (9 Holes) $ 15.00 (18 Holes) Range Balls .75 Sm. Bucket '1.50 Lg. Bucket Handicap Fee $ 12.00 Per Person (Yr. Beginning 12/1/91) Special Green Fee Exceptions: A P.G.A. Member and Certified Greens Superintendent may play November 15, 1991 to April 14, 1992 one (1) time and April 15, 1992 to November 14, 1992 one (1) time. 5 ~/. ~~ 7 ~ r SECTION 4. The hours and conditions set forth in Sections Two and Three may be adjusted at the discretion of the Golf Course Manager, due to amount of play and area competitive conditions. SECTION 5. All Resolutions or parts of Resolutions in conflict herewith are repealed. SECTION b. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved far adoption by Councilman Councilman the vote was as follows: Mayor W. E. Conyers Vice-Mayor Fxank Oberbeck Councilman Peter Holyk Councilman Lonnie Powell Councilman George Reid The motion was seconded by and, upon being put to a vote, This resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of 1991. ' CITY OF SEBASTIAN, FLORIDA ATTEST: by: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE 6 ~ ~ R (Seal) I HEREBY CERTIFY that notice of public hearing On this Resolution was published ~.n the Vera Seach Press Journal on the day of _ ___, 1991, that one public hearing was held on this Resolution at 7:00 p.m. on the day of 1991, and that following said public hearing, this Resolution was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Forrn and Content: Charles Ian Nash, City Attorney 7 ~~y City of Sebastian POST OFFICE BOX 780127 ©gEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: REQUEST FRDM SEBASTIAN RIVER JR. WOMANS CLUB TO UTILIZE RTVERVTEW PARK Approved For Submittal By: City Manager E%PENDITURE REQUIRED: `~ Agenda Number: ~/ ~~~ Dept. Origin: Community Develo ment_ ) (BC Date Submitted: 9/19/91.. ) For Agenda Of: 9/25/91 ) ) Exhibits: Letter dated 9/18/91 from Susan Harle AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian River Jr. Womans Club is requesting permission from the City Council to utilize the Riverview Park on December 7, 1991 for an arts and craft festival. RECOMMENDED ACTION Move to approve the request from Sebastian River Jr. Womans Club to conduct an arts and craft festival on December 7. 1991 at Riverview Park subject to: 1. $100.00 security deposit. 2. No vehicles in the park. 3. Applicants to provide sufficient waste receptacles and clean up after event. 4. No alcohol beverages are permitted within the park. 5. All displays must be cleared of sidewalks and entranceways. 6. Applicant must obtain approval from the Health and Rehabilitative Services for concession stands selling food, 7. The sale of premanufactured items shall be prohibited. ~/-zs~ -„-. .~ ~~~ ~ ~~ ~. ~p ~~ ~ ° Re ~;~y ~~~ ~,' sEr='T ~ st h, ~ ~~ ~ ~~zl L ~~o~~' DEAR R©D, AFTER OUR F'HONE CptVVERSATION ON TUESDAY THE 17th OF SEFTEMPER. WE WANTED 70 SEND AN OFFIGTAL LETTER REQUESTING RIVERVIEW BARK ON DECEMEtER 7th 1551 FOR A ART5 AtVD CRAFTS FESTIVAL. THE FESTIVAL.,. WILL FE S~'ONSORED DY THE SEEtAS7IAN RIVER JR. WOMANS CLUEt, ALL THE r='ROCEEDS hfADE WILL EiE USED TN THE COMMUNITY FOR THE VAR I QU5 ~'ROJECTS WE SU~'F'ORT. WE WILL CONTACT 1-i. R. S. AND GET THE T1VFpRMATION THAT WE WILL NEED l=OR THE VENDORS, TF YOU HAVE ANY RUESTIONS 'LEASE CALL AT S~5- CjL44 .DR X85--ESE3 WE' LL KEEt*' TN TOUCH WITH YOU AND YQUR OFFIGE ON OUR t^'ROGRESS. THANK YOU FOR YOUR ASSISTANCE IN THIS MATTER. ~'. S. !='LEASE LET US KNOW WHEN YOU HAVE A DATE FOR THE ~'LAYGRpUND WE ARE VERY INTERESTED IN HEL~'ING. SEE{AST I AN RIVER JR. Wph1ANS CLUEi i='RESIDENT SUSAN E. HARLE 9~ zs6 City of Sebastian POSTELEPMONE ( 07) 589-5330~~ FAX' (407)L589'D5702978 SiJB,7ECT: Bid Award far Tra~~v~ and Mower and App Trade^In Credit pipproved For Submittal By: ~~ ~~ City Manager EXPENDITURE REQUIRED; $30,000 ~/,z~7 Agenda No . Dept. Origin Finance LWN pate Submitted 09~ 18'91 For Agenda of 090991 Exhibits: Bid Tabulation AMOUNT BUDGETED: $40,840 SUMMARY STATEMENT APPROPRIATION REQUIRED: Five bide were received for a tractor with a 3 gang flail mower attachment. One vendor, Pippin Tractor, bid a tractor only and net the cifications. Berggren Equipment Ca•. Inc. bid $17,450 far mower as per spe the tractor, $19,450 far the mower and a trretary typeitm wer$model #1508a Ford tractor model #6610 with a 3 gang of 1983 far $29,700 with This tractor and motrim was ear~haspureuantntorcity code sections 2-65 (a) an expected life of eight y ersanal property which states in part, "if the depreciated 4a000),oappraval by city council is in excess of four thousand dollars ($ ~ is required prior to sale." RECOMMENDED ACTION Move to approve a trade-in crthetbid for9a0tractor and3mower be6awaraeatto with a motrim attachment and ~ ent Ca., Inc., in the amount of $30,000. the best bidder, Berggren Equ'I~ ~iz~ M vA pr. ~ _ _. !Ml\Y ~~ ~ rfLIP.~~ City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: ) REQUEST TO REMOVE SPECIMEN TREE ) FROM AMERON HOMES ) Approved Far Submittal By: ) i ) City Manager - ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: Pursuant to the City Council's direction at its regular meeting of May 22. 1991. the City of Sebastian Building Department requires a tree removal permit to be obtained prior to clearing of any lots. The applicant. Ameron Haines. is requesting to construct a single family residence on Lot 14. Block 447. Sebastian Highlands Unit 17. The construction will necessitate the removal of one (1) pine tree over 20 inches in diameter due to the proposed building location and improvements. RECOMMENDED ACTION Move to approve the removal of 1 pine tree located on Lot 14. Block 447, Sebastian Highlands. Unit 17. Agenda Number: 9i 2~' Dept. Origin: Cammunit Develo went (B C )~~ Date Submitted: _,,,~ 9/19/9.1 __ For Agenda Ofe 9/25 91 Exhibits: Application far tree removal 9~as8 - - '~ CITY OF SEBASTIAN / APPLICATION FDR CLEARING AND REMOVAL AND/OR RELOCATION OE TREES STREET ADDRESS: 123 NebnaaFza Cn LOT NO.: 14 BLOCK NO.: Q UNIT NO.: SUBDIVISION: Sebaa~.i.an. N,ighe,ctr,,dd CONTRACTOR: Am2h0Yt Homeb InC ADDRESS: Ox e ~ ZIP: _ PHONE : ~Q,]~5~.9~.LZ_~..J SUB-CONTRACTOR : _ _..~Gh~_q~nd Sgn.6 ADDRESS: p ,~ ZIP: PHONE : ____ 5$9~L9 ., .. REASON E'OR THE PERMIT: " S~,e.c~~~~.~~~...~,a ~.ir-g.Ce...~i..wr!;i.e~_ dwe,~.P.i.n9 OWNER Off' PROPERTY: ' ADDRESS: ZIP: PHONE NO.:~~ _ I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( ,Article XIV ~~ ~ry~~~„~, Signatur APPLICATION MUST INCLUDE: V 1. On a survey, locate all specimen trees (2q inch diameter or more). Indicate which trees to be removed and/ar relocated. Indicate the speca.es of each tree. All specimen trees (20 inch .diameter or . more) to be removed ar relocated must obtain the approval of the Sebastian City Council. A survey ,~indicatin.g all improvements must be submitted in relation to the removal of the apeca.men trees. 2. Applicant must tag all specimen trees with a bright ribbon around the tree approximately 6 feet above the grade. Otf~c:e Use Only SITE INSPECTION BY: ~~ DATE: APPROVED FOR PERMIT: E5: ND: MUST OBTAIN CITY COUNCIL APPROVAL: YES: ND: IF YES, DATE OE CITY COUNCIL APPROVAL: y/~/~ City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Resignation of George Schum as Chairman of the Sebastian Handicapped Self-Evaluation Committee. APPROVED FOR SUBMITTAL BY: City Manager: ~~~ ~ Agenda No. 9/.259 Dept. Origin Handicapped Self-Evaluation Committee Date Submitted 9/12/91 k'or Agenda Of 9/25/91 Exhibits: Letter of Resignation EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Attached is a letter from George Schum resigning as Chairman of the Sebastian Handicapped Self-Evaluation Committee. RECOMMENDED ACTION Accept resignation from George Schum as Chairman of the Sebastian Handicapped Self-Evaluation Committee, effective 9/9/91. ~~ Z ~ ~ ~ ~.. ~_ August 19, 1991 Sebastian, F1. To: Mayor Will Conyers From: George V,. Schum Subject: My resignation Reference: Sebastian Handicap Self-Evaluation Committee I was appointed Chairman of the Sebastian Handicap Self-Evaluation Committee in early June of 1984, by then Mayor Jim Gallagher, and have served as Chairman to the present day. T had the privilege of selecting my committee, which consisted of a woman in a wheelchair, who tested our problem areas in a practical way, and a gentleman, who was associated with the American Red Cross and dealt with handicapped people. My wife typed all the necessary reports and documents. I, and my two members, conducted a thorough evaluation of the facilities in Sebastian to assure that the City of Sebastian was accomodating the handicapped members of our community and to bring the city up to date with regards to federal regulations. Ramps were built, safety railings were installed, bathrooms enlarged to accomodate wheelchairs, and many other things, such as handicapped parking spaces, hard top areas so that wheelchairs did nat have to navigate on sand or soft soil, etc. ,~uvip ~i;:*~~/~~~r~~~w2 %. ~' rF ~~~~,-.;~~; c. ~~/.'[ ~ ,"`7 f~~ :1~ j.r[rL. .. / f4r~C ~ % / ~" c.'' i r cr~ % :/zj i~` "~ / i/'. i ~ ~:'~ ~~ FN<< ~YCri/Y~~c"~! ~iL ~[" , .~ We put the city of Sebastian in shape and once that was accomplished, we waited for any complaints to be noted at City Hall. If they came, I would be notified and then call a meeting of the committee to discuss the problem, look it over and make a recommendation 'as to how it could be solved and corrected. Minor complaints were handled by the chair- man, usually alone. Thus, meetings were only held when necessary. That system worked fine for all these years and the City of Sebastian was very cooperative. r -' ~ z A copy of the report of our original findings is enclosed, and several copies that may be of interest to you. It is with deep regret that I resign from the Sebastian Handicap Self Evaluation Committee, effective immediately, due to circumstances beyond my control. My wife is ill and needs my undivided attention now. very truly you//rs, ~~ -G!~ V, George V. Schum, Chairman Sebastian Handicap Self Evaluation Committee P.S. I was appointed by Mayor votapka as Sebastian's Chairman of N.O.D., the National Organization on Disability and served my two year term. When I was asked to continue for another two year session, I had to refuse because of other committments. However, at that time, you will recall, I recommended Cathy Mitten to fill my position. You agreed and she accepted. At this time, Y will also recommend her as chairman of the Sebastian Handicap Self Evaluation Committee. 9/. 2S9 , w .} ~' City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: Theodore Zamoski Application to Serve on City Board APPROVED FOR SUBMITTAL BY: C~.ty Manager: G ~~ Agenda No. 9f ~ Dept. Origin Handicapped Self-Evaluation Committee Date Submitted 9/12/91 For Agenda Of 9/25/91 Exhibits: city Board Application & Warrant Check Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Attached is a Application To Serve On City Board from Theodore Zamoski along with Warrant Check Report from Police Department. RECOMMENDED ACTION Accept application from Theodore Zamoski to serve as Regular Member on Sebastian Handicapped Self--Evaluation Committee effective 9/25/91 fox' a three year term to expire 9/25/94. ~~~~~ ~ ~ , r CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BDARD r 1. NAME: ~, 1 2 . HOME ADDRESS : ~,5'~~ ~~c h y ~l I3N ~l ~{~ __ ,, 3 . HOME TELEPHONE: ~ ~`~ ~- ~ 69 '~ 4. BUSINESS: /~~/~/~ 5. BUSINESS ADDRESS: 'l 6. BUSINESS TELEPHONE: ~~ 7. SOCIAL SECURITY NUMBER: ~CJ~ ~ ~ ~ ~' ~~~~ ~T^ $. DRIVERS LICENSE NUMBER: ___~~© ~"~~ ~^/ ~ ~~~ ~~ T 9. RESUME OF EDUCATION AND EXPERIENCE: ~V ~' (~ ~x" '~ ~^ r ~ d t (use additional she®ts if necessary or submit resume if available) 10. Voter registration no. ___ ~ Q ~ ~~~ 11. Are you a resident of the City? Yes ~ No 12. Length of Residency (] 13. Do you hold a public office? Yes No !.~ 14. Do you serve on a City Board at present? Yes No Z-~ 15. PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *ROARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE _~C 16. What qualifications do you have to serve on this board? r _ ,, -y ~. _ - 0 V E R - ~ ~ 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No {/~ 18. Would you consider serving on another Hoard other than the one(s) you selected above? Yes ~ No I hereby certify that .I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. ~~ ~ ~ . Applicant Signet re SWORN TO AND SUBSCRIBED before me this ~d~ day of 19~. N ~ ry Public, State o orida My Commission Expires: lilefary Public, State of Florida ~- [ammis;ion Exprln: llpri) 30, 199/ MM~d Th•u Troy Fain - lmurenc~ Inc. \wswform\board.app 2 SEBASTIAN P~LIC~ Post orrroe eoX 78027 Sebastian, FL 32978-0127 D~+P A 7]'j`M~N'I` (407- 589-5233 Earle L. Petty, Chief of Police MEMORANDUM DATE ~~ ~ -- 9/ FRAM ~ Investigator - .~, D7J0~'E' SL~JECT Want/Warrant Check -Applicant A check for wants/warrants for the above referenced apglicant~board member reveal that: (~) No active want ar warrant far subject is on file. ( ) An active warrant or want does exist and follow up will occur. n es iga or Sebastian Police pevartment r ~~ City of Sebastian POST OFFICE BOX 780127 ©SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 569-5570 SUBJECT: RESTGNATTON OF JOSEPH STEPHENSON FROM BOARD OF ADJUSTMENT Approved For Submittal By: c City Manager Agenda Number: 9/.z~~ Dept. Origin: Communit Develo meat (BC)C Date Submitted: ,,,~ 9119/91 - For Agenda Dfe 9 25 91 Exhibits: Letter from Joseph Stephenson dated August 27, 1991 EXPENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIREDs Joseph Stephenson. Vice Chairman of the Board of Adjustment has submitted a formal resignation effective September 11, 1991. The Board of Adjustment has accepted his resignation with regret. RECOMMENDED ACTIDN Nove to accept the resignation of Joseph Stephenson with regret. 9/~ ~ City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 T0: Baard of Adjustment City of Sebastian FROM: Joseph Stephenson Vice Chairman, Board DATE: August 27, 1991 SUBJECT: Resignation Q Please accept this memorandum as my formal resignation from the Board of Adjustment effective September 11, 1991. During the next several months I will be traveling extensively and will be unable to attend meetings. I have been happy to serve on the Baard of Adjustment since 1985, and prior to that served on the Planning and Zoning Commission. JS:jk City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLO~fIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: APPOINTMENT OF BOARD OF ADJUSTMENT ALTERNATE MEMBER ALAN SHISGAL TO FULL TIME MEMBER Approved For Submittal By: City Manager E%PENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: Due to the resignation of Joseph Stephenson of the Board of Adjustment. the Board is recommending that alternate member Alan Shisgal be appointed as a full time member. RECOMMENDED ACTION Mpve to approve Alan Shisgal as full time member to the Board of Adjustment. Agenda Number: ~~' !~~ Dept. Origin: Communit Develo went (BCy~ Date Submitted: 9/19/91 ff//~~-- For Agenda Of: 9/25/91 Exhibits: 9~2~Z `~~'p CITY OF SEBASTIAN ~'~ ~ ,~ `.~+ R~G~' ` ~ APPLICATION TO SERVE ON CITY HOARD' ~;~~~ chg. ~'" 1. AM ~.~} fi 6 ~W-~. ri i h, r. ADDRESS : ~ 'Lz ~~ l~ b ~.,~5~-T S :-, . - •~ ''~ 3 . HOME TELEPHONE : 3 ~ Z ~ ~' ~ - 4 . BUSINESS : W ~ '~` - .R.. r~1 '~WrYV 1/~ -- L Z 5. BUSYNESS ADDRESS: L • ~,{ ~'L, S 6. BUSINESS TELEPHONE: 7 ~ , q --Z 7. SOCIAL SECURITY NUMBER: (7 ~ - +•-Z $' ~ $r 8. DRIVERS LICENSE NUMBER: S 2 ~l t~ Q ~.3.,._ Sr ~„~~.,.~.ti'r~Ct ...,.,.,,,._.,,_ .,, 9. RESUME OF EDUCATION AND EXPERIENCE: SG~iUI,. ~L'Q vv~v4• [.~ IJ~'v ~J~S ~' Wt-'~J1 t~ e vi-~ SG ,.,,~o,~ O 2 2 .a r .~~ ~.~ ~ P g ~- xs r~~r~ - L. ~r~r ~ ~ -~ (use additional sheets if necessary or subm~.t resume if ava~.lable) l0. voter reg~.stration no. OZ Za 11. Are you a resident of the City? Yes 1/ No 12. Length of Residency 13. Do you hold a public office? Yes No ~ 14. Do you serve on a City Board at present? Yes No 15. PLEASE CHECK THE HOARDS YOU ARE SNTERESTED TN SERVING ON: *HOARD OF ADJL3$TMENT ----~ CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? ~~~ ~.~7y c~F - o (~ ~c~2~~4-T~ ~v~s~~ y R DLO w, w,.~.u~0 t?7` ~t~J ~ V ~~~~ r5 ~ vtlt_G~ p/"z c WSJ ~T F~• fir, u~v~~ ~~ S~9/ ~ `/ ~ ~ L- ~ V ~O v w1 ba ~~ r-r~./L z y ~~5 ~®8°So~ M ~¢~Dl P ~ ~ 1NL ~1i'iw5 C~7~ lJ~~-t tv(.~t_ CC) WC F.Jt.tnJ~/ G -vi~S, i /--~Jti J} rJ ~ S 7u Derv 'r- J~J .D ~ 5~~~ i~ ~'/ i~~" • ~7. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any s Yes No L 18. Would you consider serving on another Board other one(s) you selected above? Yes ~ No ~- ~C ~''~!~! ~ ~t•, lY I hereby certify that I am qualified to hold the position~~l which this application is made. Further, I hereby authorize the City~of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omissioiri of information requested in this epplicativn is cause for disqualification or removal. I understand that the City Council of •the City bf SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance;•-negladtad-dutp; habitdel ~drUnkennesa;- incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or why is indicated or informed against for the commission of eny felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. ~ ~ 1 Applicant Signature SWORN TO AND SUBSCRIBED before me this ! Y 19~ . ~ d a o f .. .•~u•~-~ Not Public, State laridg' '~ MY Commission Expires : -- k~lmy ~t.~tS~ t'c~e a¢ Ftar!~a R'cr ~crr.+sf~sM:~ F~;iroa -~~raf~ ~4, 199 ~andrd IMrr irsr /aln. Mwrrnn Iny \ws-form\board.app z ~ ~ i sEVr~ r/Arr SEBASTIAN `f PoI,Ic~ Post Office box 780,27 Sebaatlan, FL. 32979-0127 °E~er-~~ U~PARTM~NT (4b7) 589-5233 i'1d11DA ... Carle L. Petly, Chief of Police MEMORANDUM DATA p3~F~fi FROM ~ Investigator . LT. l~~rsc.,(.•~.- SISJECT : Want/Warrant Check -Applicant ~,~,~ A check far wants/warrants for the above referenced applicant/board member reveal that: (~o active want or warrant for.sub~ect is an file. ( ) An active warrant or want does exist and fallaw up will accur. T Hues or 5ebasti n Police Department City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: APPOINTMENT OF ALFRED VILARDI TO THE ALTERNATE POSITION OF BOARD OF ADJUSTMENT Approved Fvr Submittal By: City Manager E%PENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY STATEMENT APPROPRIATION REQUIRED: Due to the vacancy of a full time member. Joseph Stephenson. and the contemplation of Alan Shisgal being appointed from the alternate position to full time member. the Board of Adjustment is recommending to City Council that Alfred Vilardi be appointed as an alternate member to the Board of Adjustment. The Board noted that this was the only applicant to apply for this board pasition. RECOMMENDED ACTION Mave to approve Alfred Vilardi to the Board of Adjustment as an alternate member. Agenda Number: 9/ ~3 Dept. Drigin: Communit Develo went (BC) Date Submitted: „~ 9/19/91 For Agenda Of: 9/25/91 Exhibits: Alfred Vilardi's application q/.263 CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD 1. 2. 3. 4. 5. fi. 7. 8. 9. NAME• Alfred Vilardi HOME ADDRESS- 445 Georgia Blvd., HOME TELEPHONE: 388-1716 BUSINESS: Retired BUSINESS ADDRESS: ------- BUSINESS TELEPHONE: ---.___ SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: V463-000-27-164 RESUME OF EDUCATION AND EXPERIENCE: See attached essary or submit resume if available) 10. 893351 Voter rega.stration nv. 11. Are you a resident of the City? Yes X No 12. Length of Residency Augus__t _1.989_ to present 13. Do you hol c office? Yes No X 14. Do you serve on a City Board at present? Yes No X 15. PLEASE CHECK THE HOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION HOARD PARKS AND RECREATION *PLANNING AND ZONING X HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? See attached Sebastian, Florida 07.6-22-7046 - O V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ^~ 18. Would you cans3.der serving on another Heard other than the one(s) you selected above? Yes ~- No I hereby certify that I am qualified to hold the position for which this appl~.catian is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal._,..._._. .. _ I understand that the City Council of the City of SEBASTIAN may suspend or~remove from office any municipal board member for ;malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the comma.ssion of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. /` ~~ Applica Signature SW N TO AND SUBSCRIBED before me this ~~ day a~ ,4,c , 19~ Na ary Pub i State of Florida My Commission Exppires: Notary Pu61ic, State of Florida - M~ Lomn:ission Expires June 18, 19941 Bonded Thru Troy Fpin • Imu~enc~ Ine. \ws-form\board.app 2 q/ ~3 v~ ~~ ~~~~4~ City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: Police Station Bids Approved For Submittal Hy: --~_ City Manager EXPENDITURE REQUIRED: Agenda No. ~/ ~~ Dept. of Origin: City Manager Date Submitted: 9/19/91 For Agenda Of: 9/25/91 Exhibits: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Bids for the new police station will be received at 2:Op p.m., an Wednesday, September 25, 1991. Finance Director, Mike Hudkins will make a verbal presentation at the City Council Meeting to report the results of the bid opening. However, we do not expect to have a written recommendation from the architect in time for City Council approval and bid award at the Regular City Council Meeting. Upon receipt of the recommendation from the architect, we will request a Special City Council Meeting to review the architect's recommendation and to award a contract. Please note that the architect is working an improving the front elevation of the building, which we anticipate will be accomplished by change order. Additionally, there are questions regarding the buildings' emergency generator. This question may also have to be addressed by change order. RECOMMENDED ACTION Receive report from staff regarding the bid opening of sealed bids for the new police station. ~/ ~~~ City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-557p SVgJECT: Cemetery Approved For Submittal By: City Manager ~/ lt' ~ Agends No. 1~~~ Depti. Or~.gin EIVG/F'W bate Submitted `~-1b-91 For Agenda O~ Exhibits: G~--91-7 Cemetery Maroc ers EXPENDITURE REQUIRED: AMOUNT BUDGETEb: 9--2~-91 APPROPRIATIDN REQUIREb: SUMMARY STATEMENT Staff made a req~.test to have the sire of Cemetery markers increased as per recommendation by Cemetery Committee and approved by City Coun~i1 far City Attorney to draft the necessary ordinance. RECOMMENDED ACTION Mamie to accept Clydinance ~:y-91-~7 an first reading and set seGOnd reading and pub1 is hearing r~r~ Jctc~ber ~3, 1991. ~/,zoo No.: o-9i-a~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CEMETERY; AMENDING SECTION 8-33(b) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ALLOW FOR LARGER GRAVE SITE MARKERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLIIgION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR BEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, has, in Section $-33(b) of the Code of Ordinances of the City of Sebastian, prescribed the maximum allowable size for grave site markers located in the City of Sebastian Cemetery; and WHEREAS, the City has, from time to time, received requests from City residents that larger grave markers be allowed in the Sebastian Cemetery; and WHEREAS, the City Council has determined that larger grave markers will pose no additional problems for the Sebastian Cemetery with respect to maintenance and space availability. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Section 8-33 (b) of the Code of Ordinances of the City of Sebastian, Florida is hereby amended by deleting the existing Section 8-33(b) in its entirety and adding the following provision in lieu thereof: " (b) The maximum size marker for a single grave site shall not exceed forty-eight (48) inches in height, thirty-six (36) inches in length, eighteen (18) inches in width and eight (8) inches in thickness. The maximum ~~;zod size marker for a double grave site shall not exceed forty-eight (48) inches in height, seventy-two (72) inches in length, eighteen (18) inches in width and eight (8) inches in thickness." 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 the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Secton_4. BEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. - 2 - The foregoing Ordinance was moved for adoption by Councilman The motion was seconded by Councilman the vote was as follows: and, upon being put to a vote, 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 Ordinance duly passed and adopted this day of 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: Bv: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 3 q/goo .. .~ 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 Counca.l. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Tan Nash, City Attorney jpa001 r t City of Sebastian POST OFFICE BOX 780127 ©SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: Schedule for 11/27/91, 12/25/91 and 1/1/91 City Council Meetings and Agenda Deadlines Agenda No. Dept. Origin Date Submitted For Agenda Of 9/~S ~ ,~ City Clerk! APPROVED FOR SUBMITTAL BY: City Manager• 9/18/91 9/25/91 Exhibits: November and December 1991 and January 1992 Calendars EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Due to the forthcoming holiday season the following meeting dates must be cancelled or rescheduled. I have attached calendars for the three months in question, reflecting schedules for those months, to assist you in your decision. * Cancel or reschedule the November 27, 1991 Regular Meeting (evening before Thanksgiving Day). If rescheduled, the agenda deadline must be appropriately rescheduled. * Reschedule the November 2$, 1991 (Thanksgiving Day) Agenda Deadline - change to Tuesday, November 26, 1991 and packets will go out Wednesday, November 27 for the December 4, 1991 Workshop. * Cancel or reschedule the December 25, 1991 Regular Meeting (Christmas Day). If rescheduled, the agenda deadline must be appropriately rescheduled. * Cancel or reschedule the January 1, 1992 Workshop (New Year's Day). If rescheduled, the agenda deadline must be appropriately rescheduled. RECOMMENDED ACTION Review and cancel or reschedule meetings as Council deems appropriate. ~~Z~~ r' City of S'eUastian PU9t OFFICE tlOX 190121 n SF~A9tIAN, F~ogioA 3291A t~L~PNoN~ ~40>> 599-5330 FAX 401-589-5510 suR~ECT: New Golf Course Feasibility Study 1-ppraved For Submitted. Dy: City Manager ~~ ` EXPENDITURE REQUIREb: AMQUNT RUbGETEU: ngehd~ Nv. bep~. Origin bete Submi~~ed For Agand~ Of ~/, ~3~ Golf Cours 9-18-91 9-25-91 Exhibits: P.G.A. proposal of estimated fees and scope of services. AP~'ROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian is growing in size rapidly as is our golfing population. In order to accommodate our growing size another eighteen (18) hole golf facility is needed. In order to determine tiie feasibility of anothez City of Sebastian eighteen (18) hole Golf Course, a study has to be initiated. This feasibility study can be made in conjunction with the consultant company now doing a report on our existing course. A significant savings can be realized by using the P.G.A. while doing their present work. The cost of this study would be approximately thirteen thousand $13,5o0.Q0ECOp~~~~~~ ACTION To modify the present contract with P.G.A. to include a feasibility study, for an addition eighteen hole golf course for the City of Sebastian. ~rz3s "' v v l r t: K 5 !1 S S O (: I ,\ I I <) N U I' A ht li R I (. n . 1 ~~P450F E~CCF~'~~~ n to \i/ ~ • 11 ~ ~~ September 13, 1991 191b . ~q9~~ Mr. Jim DeLarme Director of Gott Sebastian Municipal Golf Course 1 Al East Airport Drive Sebastian, FL 32978 Dear Mr. DeLarme: 100 AVENUE pF THE CHAMPIONS As Yau requested, we are submitting a draft scope of work for a market analysis and financial feasibility study in conjunction with the proposed expansion of the City of Box 109601 Sebastian golf facility. We understand that the City is considering adding an additional PALM BEACH GARDENS 1$-holes to your existing 1$-hole facility. FLORIDA 33410-9601 This proposal sets forth the engagement objectives, our approach to completing the TELEPHONE: (407) 6Z4-8400 work, our prior experience, and our anticipated fees. We are confident of our ability to FAx: (407) 624-B45Z perform this project based on our project market experience, knowledge of the market and the background of the individuals involved. ~l3JECTIVES RICHARD N. 5r+lrn President GARY L. SCHAAI, Vile President TI1(1MA5 H. Aonlc 111 Secretary PATRICK ~. RIELI.Y Honorary Prrsidtnt JIM L. AWTREY Executive Dirtctor/CEO Making your gnl f game better Making golf a better game The objectives of this project are: o Assist in the determination of the development concept for the expanded golf facility. o Assess the overall market support for the expanded Facility. o Prepare a detailed market analysis for the facility Including projected utilization and rate structures. o Prepare physical facility recommendations. a Prepare financial project(ons far the expanded facility, o Prepare financial feasibility report. OUR APP OACH A detailed description of the tasks inherent in a golf facility market and financial feasibility analysis is provided below. We believe that our background and experience will allow us to work with you in a meaningful way within each of the project tasks. The specific tasks outlined suggest areas of participation based on our understanding of your requirements and the overall timing of the study. Where we feel certain issues might need further in-depth study, we have so indicated in our task descriptions. The work program has been divided into the following four major tasks. ~iz35 City of Sebastian Page 2 They are: Task 1 -Preliminary Planning Review and Market Assessment Task 2 -Facility Market Analysis Task 3 -Preliminary Financial Projections Task 4 -Market and Financial Feasibility Report Each task is described in the following section at a more detailed activity level. The final part of this section presents a proposed work program schedule and budget. as 1 - Preliminary Planning Revie -. ,,, wand Market Assessment Our overall approach is to provide strong management and technical input in the initial task of the project. A preliminary planning review is crucial to the overall success of the project and will assure that appropriate feedback occurs on key project issues as early as possible in the program. we plan to draw upon our senior personnel to participate as part of the project team in assessing existing information, identifying key issues, outlining the options to be considered, and finalizing the work plan and detailed approach to completing the balance of the work program. The personnel proposed bring together a clear understanding of the development process, financial structuring and feasibility analysis. The activities conducted as part of Task 1 focus on the assessment of the overall market support for the expanded golf facility. A careful assessment of the market requires delineation of appropriate market areas, and identification of the existing golf supply with additional emphasis on those facilities which are deemed to be competitive with the proposed facility. In addition, area demographic and economic characteristics need to be analyzed in order to determine potential golf participation rates by market area residents and other demand sectors. Based on this, an estimate can be developed of overall market support which could exist for the project, both presently and in the future. This is an initial and essential step in determining basic viability for additional g~ilf facilities within the market area As part of Task 1; we anticipate the following detailed activities: 1,1 Document Review. The purpose of this activity is to quickly assess all relevant project plans and documents as well as appropriate demographic and economic data and projections. All documents will be reviewed in order to identify key information and issues which will be the focus of this market study. This task will tie conducted as part of our field work in Sebastian. 1.2 Identification K Issues. Upon review of existing documentation and preliminary discussions with you, the project team members will summarize the issues to be addressed as part of the study. This activity will tie result in a clear understanding of the major objectives of the assignment, define the development options, and provide input to the detailed market assessmenn. We anticipate meeting or teleconferencing with local officials and staff during our field visit to Sebastian. 1.3 Determination of Market Area Prior to the definition of the market area, an identification of market sectors will be made. This will identity potential sectors ~ demand such as: residents, tourists, and other potential market sectors. Residential market areas, both primary and secondary will then be defined. City of Sebastian Page 3 1.4 Identffy Competitive 5un~ix; The existing goff facility supply will be ident~ied for the primary and secondary market areas utilizing the PC~A facilities data base. In addition, Indian River and Brevard County totals will be reviewed to more completely understand the mix of competitive supply at the macro level. The ident~cation of competitive supply will take into account all facilities which could compete for various sector demand. From this overall Inventory, facilities which are deemed directly competitive will be identified. Information on these facilities will be developed 'including current utilization rates, rounds of play, mix of participants, fee structures and other program and facility information. This information will be gathered as part of vur Field work in Sebastian. 1.5 Ana a Area Dem ra hics and Economic Characteristics. An analysis of current demographic and economic characteristics of the resident population will be undertaken to determine the potential level of participation In gaff based an population age, family and income characteristics. Existing population projections will be reviewed for the market area and two county areas to determine potential growth rates. In addition, ff household age and income projections are not available, we will order these for the market area from industry data projection sources in order to assess the potential growth in demand far golf facilities. 1.1i Estimate Overall Market Demand. Based on the above tasks, an estimate of overall market demand, that is, support for rounds of play on an annual basis will be prepared for the designated market area(s). This will result in an overall assessment of market support for a facility(s) within the primary market area. A memorandum summarizing the market support potential will be prepared for review by you prior to proceeding with Task 2. Task 2 - Facility Market Anafvsis Task 2 focuses on identifying the specific market support for the proposed Facility. ©iven an overall support level within the primary market area as determined in Task 1, this task identifies the positioning of the expanded facility to achieve appropriate levels of utilization. 2.1 Site Analysis. An analysis of the proposed site will be undertaken to determine the appropriateness of the site's configuration for the expanded golf facility and its location and accessibility factors in farms of access by residents within the primary/secondary market areas as well as access by other sectors of demand as ident~ed in Task 1. This task does not envision detailed engineering studies. fts purpose is to identify those market factors which could be affected based on the site's location, accessibility, and configuration. 2.2 Ana sis of Com itive Su A detailed analysis of the competitive supply as identffied in Task 1 will be undertaken. Existing facilities which are deemed competitive as well as those that are under construction or proposed for development will be identified in order to understand the competitive ernironment within which the proposed facility will operate during Ks Initial years. Emphasis will be placed on maximizing the level of play at the expanded facility and the rate structures which would be necessary to remain competitive with other facilities. 2.3 Pro ect Current and Future Demand. Based on the competitive analysis, an estimate of existing demand which could be captured by the expanded facility will be prepared. In addition, estimates of future demand will be projected based on market area demographic characteristics and anticipated development patterns of new facilities in the near future. An estimate of facility utilization, that is, rounds of play and the proposed fee structure will be developed sa as to maximize the economic viability of the facility while meeting service requirements of the residents of the market area. j/. Z.~~ City of Sebastian Page a 2.4 Faci i~Recommendations. Based an the above analyses, recommendations far the facility will be developed to serve as a guide far the development of specific cost estimates and financial projections far the facility which would be developed as part of a latter phase of this program. The facility recommendations will consider the golf course, clubhouse, golf shop, golf range, snack bar, car. storage, and maintenance facility requirements. 2.5 Presentation Meeting. Upon completion of the market analysis, we would be prepared tv meet with you to discuss the results of our analysis and conclusions. Task 3 • Prel,)minarv Financial Projections Upon the completion of the market analysis, we will finalize our conclusions and, with your approval, proceed with the financial analysis of the project. 3.1 Dev Iv Financial Assum lions. Financial assumptions far facility operating revenues and expenses will be developed to serve as the basis far preparing facility financial operating projections. The source and basis for the assumptions will be identified. Estimates of project development casts will be provided by the City of Sebastian. These estimates will serve as the basis for the development of the project financing structure. 3.2 Devela Net O ratin Income Pra actions. Projected net operating income (cash flow before debt service) will be prepared based an the financial assumptions as prepared in Task 3.1. The projections will be presented in both uninfiated and inflated dollars and will be in sufficient detail to reflect major revenue and expense categories. Income projections will include greens fees, gall car rental, golf shop, food and beverage and other departments as appropriate. Expenses will be prepared for golf course maintenance, other departments and for administrative and other fixed charges. Assumptions underlying inflation estimates will be made explicit in the financial section of the final report. 3.3 Develo Finance Structure. Based on the proposed method of financing, we will develop a financing structure for the project. The structure will identify project equity and debt requirements, based on project development costs and net operating income projections. Projections of cash flow after debt service on the proposed facility will be prepared. Task 4 -Market Ana sis and Financial Feasibil' Re rt At this paint in the engagement, we will meet with you to discuss our findings. Upon your approval, we will proceed to prepare the final written report documenting our findings, conclusions and projections. Although the exact format of the report may vary, major topics to be covered include the following: o Introduction o Executive Summary o Site Evaluation o Economic Environment o Market Analysis o Development Conclusions o Financial Projections City of Sebastian Page 5 The specific tasks are: 4.1 Prepare Draft Regart.. We will prepare a draft report summarizing our findings and conclusions. We envision the draft report to be produced in a black and white, typed, laser printed format with supporting exhibRs as appropriate, also prepared in black and white, a.2 Client Review -Draft Report_ We have allotted a two week period for client review of the report. 4.3 Prepare Final Report. A final report, will be completed na later than two weeks after receipt of comments. Ten (1 D) copies of the report will be delivered. Our report will not ascertain the legal and regulatory requirements applicable to this project, including zoning, other state and local government regulations, permits and licenses. Further, no effort will be made to determine the possible effect on these projects of present or future federal, state ar local legislation including environmental or ecological matters of interpretations thereat. Our report will contain a statement to that effect. Our study will be based an estimates, assumptions and other information made available to us during the conduct of our study, the sources and bases of which will be stated in the appropriate sections of our report. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results will vary from those described in our reports, and the variations may be material. Our reports will contain a statement to that effect. We will have no responsibility to update our report for events and circumstances occurring after the date of our report. We will so state in our report. However, we will be available to discuss the necessity of revision in view of any such changes. PROJECT STAFFING ***** This section identifies and briefly outlines the capabilities of the project staff proposed for this project. The following are the responsibilities of the key staff: John Rossi, would serve as the project director and will be responsible for overall management and direction of all phases of the project. He will be the single point of responsibility. He will see that the various staff rotes are coordinated, ensure team communications, and see that the project moves forward an time. He has extensive experience in the management of complex market and financial analysis of development programs. Speck PGA staff are available to provide support to the project in bath a policy advisory capacity as well as serve a specific technical resources for the project. Resumes of the key project staff are attached to this letter. In addition to these senior personnel, our PGA offices in Paim Beach ®ardens, Florida and our section offices have substantial support staff to meet specific requirements for individual tasks.' Our offices are linked by computer and fax machines. PROJECT SCHEDULE We envision initiating the work program upon autharizatian to proceed. We estimate that the draft report could be prepared within a fi-8 week period after the start of work. Specific timing will be developed as part of the preliminary planning proposed as part of Task 1. /.~~5' City of Sebastian Page ti ESTIMATED F E5 AND PENSES Fees for the services outlined will be based on the time required to complete our study which will be determined in part by the complexities of the market and the availability of data essential to the evaluation process. Our fees will be computed based on our standard hourly rates for the professional staff assigned. Based on our experience wRh similar projects, the preliminary information received and on our project plan, we estimate our fees as follows; TASK ESTIMATED F€~ T1MINO (Weeks) 1. Preliminary Punning Review and Market Assessment $ 5,0Qq 2~ ~. Facility Market Analysis $ 5,000 1 _~ 3. Preliminary Financial Projections $ 2,500 1-2 4. Marital and Financial Feasibility Report $ 1.000 ,~ TOTAL FEES $13,500 6-8 We do not expect that our fees will exceed this estimate. However, if unforeseen circumstances did occur that would adversely affect our fees, we would discuss the situation with you before expending additional time and expense. Should less time be required than we now anticipate, you will, of course, be billed a lesser amount. Every effort will be made to keep our time to the minimum consistent with the requirements of the engagement. Out-of-pocket expenses such as computer costs, graphics, purchase of demographic projections, travel, subsistence, telephone, report reproduction and similar costs will be billed separately at our cost. Typically out- of-pocket expenses are 10-15 percent of the estimated fee far an engagement of this type. However, due to your proximity, we are prepared to limit these costs riot to exceed $750. Billings for fees and expenses will be rendered monthly and are payable upon presentation. All outstanding invoices must be paid prior to the issuance of any summary, letter or report. Our fee estimate provides for approximately eight (8) hours of conference time. Any additional meetings with respect to the engagement would be billed separately for actual hours spent at our standard hourly rate. It is our policy to require a retainer in the amount of forty percent of our estimated fee upon acceptance of a proposal. However, as a municipal client, we are prepared to waive this requirement. If the market analysis is terminated or if the decision is made to discontinue our study, our fee will be based upon the time and out-of-pocket expenses incurred to that date. City of Sebastian Page 7 OTHER TERMS OF ENGAGErMENT Our report may be used for your internal planning purposes and to support your efforts in securing financing far the project, If the feasibility report is tv be included as part of a development package or public finance document, we will need to review the entire document prior to its release. Should the date of our report be mare than ninety (90) days prior to your document issuance date, we may require an update of our report prior to its use in conjunction with your documents. Use of our report in this manner will require prior written approval by PGA Golf Services. Yau agree that use of the report is limited to the purposes identified, and that the report is not intended and shall not be used so as to establish or imply any affiliation, association, ar other relationship between the City of Sebastian and the PGA of America. Any reference to the report, or reference to the PGA Golf Services, Inc., ar the PGA of America in connection with the report will require prior approval in writing from PGA Goff Services, Inc. PGA Golf Services makes no warranty respecting the financial viability of the proposed facility. The City of Sebastian agrees to indemnify and hold PGA Gott Services, Rs parent corporation, officers, directors, employees, agents and affiliates harmless from any against any and all claims, costs, damages, penaRies, fines and expenses of any kind including attorney fees, (whether incurred in preparation for trial, at trial or on appeaq concerning the proposed facility. G?UALIFICATIONS AND PRIOR EXPERT NCE PGA Goff Services, Inc. specializes in providing quality advisory services in the area of goff course development, financing, and operations. PGA Gaff Services, Inc. was incorporated in October, 1986 as a wholly owned subsidiary of the PGA Corporation. The PGA of America, formed in 1916, is the nation's largest sports association with a total membership of over 18,000 members and apprentices at over fi,800 goff facilities in the United States. 7tre PGA conducts a variety of programs and events impacting nearly every aspect of the game of goff. ` PGA Goff Services, Inc. was formed in response to the continuing growth of the goff industry and the Tong term mission of the PGA to promote the development of the game. Our practice focuses on providing value to our clients by: a Providing quality advisory services in the areas of gaff course development, financing and operations. o Delivering of personalized service with emphasis on practical solutions. o Offering nation-wide and local area perspectives, drawing on the strength of PGA members and sections throughout the courttry. a Utilizing a staff of PGA gaff professionals and finance and real estate Industry professionals with diversified backgrounds. /L~7~ City of Sebastian Page 8 Our Services The consuRing group within PGA Goff Services, Inc. is invobed in providing advisory services in three major areas. They are: goff course developmerrt, goff course financing, and golf course operations. These service areas are consistent with our goal of facilitating both the development of new golf facilities. and improvement of existing gaff operations where necessary. The service areas are briefly described In the following section. o Develo m nt Adviso ervices -With the growth in demand for new goff facilities throughout the country, PGA Goff Services advises developers, local and state govemmerrts, private owners and investors, and the military in the areas of development of new facilities. Our services include the preparation of market analyses and/or needs assessments for individual projects and local areas. We also assist owners in the development of project concepts for new goff facilities. This includes the integration of goff facilities with other uses wfthin large scale residential communities and resorts. PGA Golf Services will often work as part of a development team in the planning and due diligence stages of a project. o Financial Advisory„, Services -PGA Golf Services provides advisory services in the areas of project financial feasibility, financial operations, and project financial structuring. with the continued growth in public and private daily fee facilities, appropriate project financing structures are critical to the success of the goff facility. o Goff O stations Adviso Services -Assisting clients in improving operations and financial performance at existing guff facilfties is a third areas of service. Activities include operation reviews, assessment of the golf course and physical improvements, the guff program, merchandising and marketing efforts, and management and organization analysis. Our Or anization The PGA Gaff Services consulting practice is located at the PGA of America national offices in Palm Beach Gardens, Florida As such, PGA Goff Services has the direct accessibility to the mare than 9D staff members of the PGA of America In addition, PGA Golf Services works with the 41 local sections of the PGA throughout the United States. Q463014.SC0 a City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 BIIBJECT: Coastal Lagoons Assembly Agenda No. "/~~~ Dept. of Origin: city Manager Date Submitted: 09f 18j91 Approved For Submittal By: r City Manager ~ .~L For Agenda Of: 09,f 25, 91 Exhibits: - Coastal Lagoons Assembly Letter Dated August 26, 1991 REQIIIRED ESPENDITQRE: BIIDGETED APPROPRTATTON AMOIINT: REQIIIRED: BIIMMARY STATEMENT The City has been asked to appoint a representative to the Coastal Lagoons Assembly. The Coastal Lagoons Assembly will consist of 100 people selected from the six (G) county area bordering the Indian River lagoon. The purpose of the assembly is to make recommendations far the improved management of the regions land and water resources. RECOMMENDED ACTION Review the request to appoint a representative to the Coastal Lagoons Assembly. ~(., ~~~ ~., ASSEMBLY • INDIAN RIVER LAGOON • MDS~UITD LAGOON • • BANANA FgVER • 5T. LUCIE ESTUARY • Organizing t.ommit:tee: Barrier Island Preservation August 2 6 , 19 91 & Protection Association Charles 5. Gleason Canaveral Port Authority Joseph F. LePdla Mr . Frank DeJoia Richard B. Lambraie Friends of Sebastian River Harbor Branch Dceanagrephic n,stitution P. O. BpX 3 6 6 RADM J. Bradford Mooney. Jr. RQ s e l a n d, F L 3 2 9 5 7 Thomas C. Fitz lndianRive"I-~gOf1 Dear Mr. DeJoia, National Estuary Pragrarn Derek Busby IRLNEPTecrmicalAdvisory On behalf of the Organizing Committee far the Coastal committee Lagoons Assembly, I would like to invite you to serve Jahnwrndaor,Pn.D. as a delegate to the Coastal Lagoons Assembly an IRLNEP Citizens' Action October 11 and l2 , 1991. Critical issues will be Car.x„ittee MicheelL.Adams discussed and policy formulated to guide future Harold F. Brown management of the estuary. XOUr participation and Wiuiam W. Kerr lv Suzanne M. Kosmas perspective on issues facing the Lagoon are vital to Frank E. MarahaA III this consensus building process . Mark D. Percy. Ph.D. Martha M. Remark The ur ose of the Assembl is to brin tv ether P P Y g g Glenn D. Scorch leaders and decision-makers, representing a variety of Marine Resourcescormcil Diane D. Barile views and the six counties bordering the lagoon, to Margaret c. Bowman make recommendations for the improved management of Stephan E. Chalmer's Doneki E. Krieger the regions land and water resources . The anon A. Mcclenand, Jr. recommendations approved by the Assembly will be 7ed~~Aoorhead presented to the federal, state and local leaders for Ronald R.wirK, actions within the next three years. The issues Atl.erge~ Dawn M. Hamilton considered were develo ed from the res once tv a P p ccmgressmanJimBacchus' questionnaire drafted with input from the committee. staff George W. Maxwell Sebastian Inlet Tex District The Coastal. La oons Assembl will be limited to one g Y DenfseDrk~wski hundred people selected from VoluSia, Brevard, Indian Congressman JimBecchus' River, St. Lucie, Martin and Palm Beach counties to &L8" Charles A. Padere represent thirty interest groups who have decision- SJRWMDSWIMPrrogrem making responsibilities or who depend on the Lagoon Howardwolr .far their livelihood, recreation and home. Each view Breverd2l and perspective is valuable in reaching workable solutions to problems facing us today and tomorrow. It is, therefore, essential that yvu commit your full time and attention to each of the Assembly sessions because you will be representing the constituency of those with similar interests and views. printed on recycled paper ~/ `~ ~_ / ~.~ . _ „ The two day event will begin with a full-day public symposium on Friday, October 11. The day will offer concurrent sessions addressing topics ranging from basic information about lagoonal biology to water system and storm water runoff. The session will conclude at 5 p.m. when we will convene for a social hour, followed by dinner from 6-7 p.m. At dinner, Assembly delegates will gather for a brief introduction to the assembly consensus building process and assignment to one of five groups. The groups will hold discussion for three hours that evening and reconvene the following morning to continue their negotiations. The consensus will be presented at the Assembly banquet Saturday evening, October 12 at the Hilton at Rialto Place in Melbourne. Various agencies assisting in the organization of the assembly wil•1 host complimentary meals far you on Friday evening, breakfast and lunch on Saturday. Reservations for you and your guests can be made by completing the attached reservation form. The 1991 Assembly, while the fifth in a series, is a truly unique vne. It signifies a successful collaborative effort to host the event from members of the organizing Committee, who themselves represent many local, state and federal agencies. The staff at the Marine Resources Council and the Organizing Committee is at your service to make the Coastal Lagoons Assembly a comfortable, meaningful and enjoyable experience for you. Please feel free to contact Katherine, Lori, or myself at 952-0102, if you have any questions or need assistance in making your plans to attend. Please respond on the attached reservation form, or by phone by September 9 so we can be assured of full representation in the Assembly. Hope you can join us in shaping the future. Most sincerely, Diane D. Barile Organizing Committee member Executive Director, Marine Resources Council Enclosure ;,.,._. City of Sebastian POST OFFICE BOX 780127 ^ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ^ FAX (407) 589-5570 SUBJECT: Mobile Health Clinics Approved For Submittal By: City Manager Ageada No. ~~ Dept. of Origin: City Manager Date Bubmitted: 9/19/91 For Ageada Of: 9/25/91 Exhibits: Two pages of Visiting Nurse Association Proposal ESPENDITURE AMOUNT APPROPRIATION REQUIRED: BIIDGETED: REQUIRED: $UMMAR STA ME The Visiting Nurse Association has requested the cooperation of the City of Sebastian in providing a Mobile Clinic two times each week in Sebastian. The Mobile Clinic would be a self contained thirty-five foot long mobile unit which would be in Sebastian from ].2:30 P.M. to 3:00 P.M. each Monday and from 8:30 A.M. to 11:30 A.M. each Thursday. The Visiting Nurse Association would like to locate this mobile unit on City property and would also need to be connected to an electrical supply. The Association is requesting that their unit be allowed to operate on the City Hall parking lot. I am concerned about additional traffic being generated on the City Hall complex and, if the City Council wishes to provide space for this clinic, that alternate City owned sites be examined such as the Community Center, Yacht Club, or Barber Street Sports Complex parking lot. Please note that only the summary from their proposal is copied and the full twenty-two page report is on file in the Office of City Clerk and available for public inspection. RECOMMENDED CTION Review the request of the Visiting Nurse Association to operate a mobile clinic on City awned property. ~/ Z~7 HEALTH CARE ON WHEELS A Proposal for Mobile Clinics in Indian River County PURPOSE The VNA Mobile Clinics would provide health care for the sick child or adult, routine health maintenance (ie. exams and imm~xnizations), preventive health care, advocacy in the health care delivery system, and health teaching to a population that does not have ready access to health care due to certain barriers to care, ie. transportation, culture, or financial. THE NEED Dr. Irwin Redlener,~President of Children's Health Fund, recently made several comments on the efficiency and need for mobile clinics in a TV interview which aired on ABC's Good Morning, America. He commented "It's ironic that in the United States, such a rich and powerful nation, that children are falling through the cracks of the health-care system every day. Tremendous numbers of children who are behind in their immunizations... because these kids actually don't have access to health care otherwise". He went on to say there are several states which are currently following the example of New York, and establishing mobile health clinics. For example, the following states: Mississippi, New Jersey, Texas, and West Virginia are either developing a mobile clinic or already have a clinic established. The need locally for an alternative to Emergency Room care has been established by hospital officials and the IRMH Indigent Care Committee. A recent interview with the Nursing Director for Emergency Services reveals that many people are being seen in the ER for minor illnesses that could easily be handled in a mobile clinic in a less expensive manner. The target population for this mobile clinic would be the county's indigent persons and those financially unable to secure health care through traditional sources. PROPOSED ACTION The VNA proposes purchasing a mobile unit, obtaining a Medical Director, hiring a Nurse Practioner, a bi-lingual clerk, and providing mobile clinic services four-days a week to the residents of Indian River County. The -roles of the physician, Nurse Practioner, and clerk are described in more detail on Pages 11, 12, and 13. A clinical record will be maintained on each client in accordance with VNA policy. 9/27 ~,, N~„',^S CURRENT E~CPERIENCE The VNA has been providing Adult Wellness Clinics since ctaber, 1990, with monies donated by United Way. In the ast 8 months, the VNA has had 41 clinics averaging 5 hours ach week at which 227 individuals have received a nursing ssessment. $7 have been referred for further examination nd treatment. Some have chosen to ga to a private physician bile others have decided to seek help at the Indian River .aunty Health Department primary care clinics. The referrals have included persons with communicable .nd sexually transmitted diseases, previously undiagnosed. everal people with undiagnosed diabetes and hypertension ave also been seen. In addition, strap throat, ear nfectians, eye probleims, skin cancer, abscess of the elbow, hronic obstructive lung disease, and pregnancy were iscovered, and those individuals referred far further care. The VNA nurse also refers to other human service gencies when those services are needed. Referrals to auncil an Aging for transportation are common as well as the ndian River County Health Department for those meeting the riteria. 2 .~