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Home My WebLink About02241999DRAFT City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCiL MINUTES REGUI~R MEETING WEDNESDAY, FEBRUARY 24, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Pastor Marcos Batista, Iglesia Pentecostal El Milenio. ROLL City Council Present: Mayor Ruth Sullivan Vice Mayor Mart.ha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present; Interim City Manager, John Van Antweq~ City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Human Resources Director, Rich Samolewicz Public Works Director, Terry Hill City Engineer, Martha Campbell Deputy Chief, David Puscher Deputy City Clerk, Sally Maio Regular City Council Meeting February 24, 1999 Page Two DRAFT 99.046 99.047 w AGI~lVl)A. MOI)IFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majorio' vote of CiO, Council members (R-97-21) Mayor Sullivan requested that item 99.051 14.G. regarding the Local Law Enforcement Block Grant be moved up to item A. 1. under New Business. There was no objection. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESI~NTbTiONS A. Presentation of Plaque - Employee of the Fourth Quarter 19~) Mayor Sullivan read and presented a plaque to Sylvia Clark, Employee of the Fourth Quarter 19~) B. H~/man, Dobson& Compally - presentation of Annual Financial Stat, ements for the Year Ended 9/30/98 Debbie Bradley of Hoyman, Dobson & Company, presented tho fiscal year 1997/98 Annual Financial Statements, and responded to questions. CITY ATYORNEY MATTERS ,J~peported that Planning and Zoning approved the site plan for Barber SIreet Sports Complex and have · j~quested that a traffic light study be done. Th~_r~.was no objection ClTYMAISAI3~R MATTERS ~L,5~-TIi~ interim City Manager noted there will be a quasi-judicial hearing on March 17, 1999 fora special use permit for a mini-storage facility on U.S. 1. COI~SENT AG]~N1)~, · 411 items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of cotam~ agenda iter,~ vadeas a member of Cio' Council so requests; in which even~ the item will be removed and acted upon separately. A. Approval of Minutes - 2/10/99 Regular Meeting The Interim City Manager read the consent agenda. MOTION by Cartwright/Neuberger "I move to approve item A of the consent agenda." VOICE VOTE on the motion carried 5-0. 10. PUBLIC HEARING - None Regular City Council Meeting February 24, 1999 Page Three DRAFT 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous ~.x monti~ which ia not otherwise on the agenda - sign-up required - limit often minutes for each speaker Thc following individuals addressed City Council: Billy Simpson, 372 B Keen Terrace, Sebastian Walter Barnes, 402 Az_fine Terrace, Sebastian The City Attorney reported on the provision regarding waivers in the Riverfxont by Planning and Zoning based on hardship, stating that other variances go to thc Board of Adjustment. Discussion took place on ~~~ coming to Council. He said he would drat~ an_.. o~din_an~..andb _fi~__~_g._i_t__b. gs~_f?_~o_..u~_ oil James Fey, 165 South Wimbrow Drive, Sebastian Lawrence Cyr, 485 Georgia Boulevard, Sebastian TAPE I- SIDE II (7 : 48 p. nt ) 99.007 12. COMMITTEE REPORTS/RECOMMENDATIONS Constr~ction Boar~l (City Clerk Transmittal 2/17/99, One Application, Ad, Member Lis0 1. Interview One Applicant and Appoint to One of the Following Positions: a. Regular Member Engineer Position - Unexpired Term to Expire 9/30/2000 b. Regular Member Contractor Position - Unexpired Term to Expire 9/30/2000 City Council interviewed Andrew Alloco, who submitted a letter of resignation from the Board of Adjustment in the event he was appointed to the Construction Board. MOTION by Sullivan/Neuberger "I would move appointment Andrew Alloco for the position Member Engineer with a term to expire 9/30/2000." VOICE VOTE on the motion carried 5-0. Regular City Council Meeting February 24, 1999 Page Four DRAFT It was noted there were members of the Lions Club in the audience who had been informed they would be on the agenda tonight and were advised they would be scheduled for the March 10, 1999, Regular Meeting. 99.008 planning and Zoning Commission (City Clerk Transmittal 2/17/99, Three Applications, Ad, Member List) 1. Interview Three Applicants and Appoint Two Meanbers as Follows: a. Regular Member Position - Unexpired Term to Expire 2/2002 b. Regular Member Position - Unexpired Term to Expire 6/2000 City C~gncil interviewed John Price, Robert Pliska, and George Gerhold. ION by Neuberber/Wininger "I'd like to nominate George G-erhold for the Regular Member unexpired term of Harry Thomas' term to expire 6/2000." VOICE VOTE on the motion carried 5-0: ~OTION by Camvri~euberger "I move to reappoint to the Regular Member position, Robert Pliska with term to expire 2/2002." VOICE VOTE on the motion carried 5-0. 13. OLD BUSINESS None. 14. NI~W BUSINI~$S 99.048 Request by Sebastian Vohmteer Fire Deoartment and Rescue S~ad to Release Reverter Clauses on Deeds to Fire and. a~scue Stations and Authoriz~ Mayor t{l I~ecute Documents Prepared by City.. Attorney (City M~ager Trammittal 2/12/99, Fire Dept. Letter, Deed C. opieO Nate McCollum, Treasurer of the Sebastian Volunteer Fire Department and Rescue Squad, addressed City Council on the history of the two stations and requested release of the reverter clauses on the eendition that'they are successful in negotiating a sale to Indian River County. Tut Connelly, 149 Kildare Drive, Sebastian, addressed Council. Following further discussion, and input from the City Attorney as to the procedures that must be followed to release the property, motion was made. Regular City Council Meeting February 24, 1999 Page Five DRAFT M~OTiON by Cartwright/Paul "I move to approve the removal of the reverter clauses subject to mechanics of the details of such action being agreed to and worked out by the City Attorney and the County Attorney, and authorizing the Mayor to execute the appropriate insmanents as prepared by the City Attorney provided a sales agreement is reached between the Sebastian Volunteer_~ire- Dcp.~ent and indian River Coun~f - ................. ROLL CALL: Mrs. Caxtwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Mayor Sullivan called recess at 8:33 p.m, and reconvened the meeting at 8:45 p.m. All members were present. 99.0.$1 A. 1.(G.)Authorize C}ty Manager an~t Police Chicfto Seek 1999 Local Law Enforcement Block Grant in Co~junction ~V~th Departmetlt of Community_Affairs (Police Chief Transmittal 2/16/99, DCA Letter) Tiohief Puscher addressed City Council on the grant for video cameras. by Paul/Sullivan "I move to authorize the City Manager and Police Chief to seek and implement this 1999 LLEBG (Local Law Enforcement Block Gran0 project in conjunction with the Florida Departrnent of Community Affairs (DCA), Bureau of Criminal Justice Assistance." It was directed that there be some certainty that items such as these are in the budget. ROLL CALL: Mr. Ncubergcr - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Winingcr - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 DRAFT Regular City Council M~ting February 24, 1999 Page Six 99.o$6 B. Resolution No. R-99-0~9 - Assistant to City Manager/P~r~hasiag/ContracLAdministrator Job ~eripti91~ (Deferred from 2/10/99) (Human Resources Transmittal 2/3/99, R-99-09 w/Des~di~tioa, Curr~t Job Descriptioa) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCKIP~ON FOR THE POSIIION OF PURCHASING AND CONTRACT ADMINISTRATOP/ASSISTANT TO CITY MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITHi AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-09 by title. TAPE H - SlDE I (8:52 p. m.) ~ move to adopt Resolution No. R-99-09, approving a job description for Purchasing and Contract Administrator/Assistant to the City Manager." The Human Resources Director responded to questions from Council. "State driver's license" was changed to "Florida driver's license". It was noted that inventory control is handled by the Finance Department. KOLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Ncuberger - aye MOTION CARRIED 5-0 o9. o.~? C. Rgsolution No. P,.-99-10 - Police Records Job Description (I)~f~rred from 2/10/99) (Haui~ Resouree~s Transmittal 2/3/99. K-.99- !0 w/Description. PI) Organizatiort C~h~t. C~rrent Job A RESOLUTION OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF POLICE RECORDS SUPERVISOR:, PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFrlON IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND' PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-10 by title. ~TION by Paul/Camvright "I move to adopt Resolution No. R-99-10, reclassifying the position of Administrative Secretary, currently at pay grade of 18, and approving position description of Police Records Supervisor at the pay grade of 25." 6 Regular City Council Meeting February 24, 1999 Page Seven DRAFT 99.049 D. 99.041 Deputy Chief Puscher responded to questions from Council. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - ~e MOTION CARRIED 5-0 l~o!ution No. R-99-12 - Revised Quasi-Judicial Procedures - Repealing Resolution No. R-97-46 (City Attom~ Transmittal 2/18/99, R-99-12,) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISiNG PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDiNG FOR CONFLICT; PROVIDiNG FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-12 by title, and reviewed the revised quasi-judicial pf~ures. He suggested changes to paragraphs A and C and Council concurred. \/MOTION by Neuberger/Cartwright ,, ~' "I move to adopt Resolution R-99-12 as corrected. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Resolution No. R-99-13 - Authorize Execution of Intergovernmentat£oordination Review [~ublic Tramportation Coordination- JoirlkP. articipation Agreement (ICAR-PT¢ - ,IPAJ (City Attom~/Transmittal 2/18199, R-99:J ~. Growth Management Tralasmitt~l 2/3/99, MPO Resolutioa, Agreemenl Between_Indi30 River County Metropolitan Planning Organization l~lorida D~partment of Transportation) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHOR IZING EXECUTION OF A STATE OF FLORIDA DOT INTERGOVERNMENTAL COORDiNATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-13 by title. Regular City Council Meeting February 24, 1999 Page Eight /~OTION by Cartwright/Neuberger "I move to adopt Resolution 99-13.' DRAFt ROLLCALL: Mrs. Canwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger - aye - aye - aye - aye - aye MOTION CARRIED 5-0 99.0~0 Fo Re$oJutioa No. R-99-14 - Request FEMA Flood Map Elevations (.City Attorney Transmittal 2/18/99, R-99-12) A RESOLUTION OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT TI~ FEDERAL EMERGENCY MANAGEMENT AGENCY ESTABLISH BASE FLOOD ELEVATIONS WITHIN THE CITY; PROVIDING FOR DISTRIBUTION HEREOF; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-14, and changed the fifth Whereas clause and Section 1 to reference flood zone A only. The City Engineer addressed City Council, and discussion followed as to whether or not an elevation could be done on stri,~tly one zone of the City. Tut Cormelly, 149 Kildare Drive, Sebastian, distributed a copy of a letter from the former Building O~c~al and addressed Council. ¢/t~TION by Cartwright/Sullivan "I move to adopt Resolution 99-14 as amended." ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Regular City Council Meeting Februmy 24, 1999 Page Nine DRAFT 99.o.52/ H. 98.202 Aw~'d Bid for Swale Regl'ading to Low Bidder CLE.M. l~nterprise~q and Authoriz~ City Manager to Execute Contract Based on Uni[ Bid Prices- bIot tO Exceed Budget Allocation (Enginecrillg/PW Tra~mittal 2/18/O. Bid Tabulation) The interim City Manager addressed City Council. TAPE II- SIDE II (9:40 p.m.) The City Engineer and Public Works Director responded to questions from Council relative to costs and contractor references. ~OTION by Cartwright/Wininger ~/ "I move to award C.E.M. Enterprises, the qualifying low bidder, the swale regrading contract in accordance with the unit prices in their bid proposal and I move to authorize the City Manager to execute a contract with C.E.M. Enterprises bas~ on the unit prices." ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs, Cartwfight - aye Mr. Neuberger - aye MOTION CARRIED 5-0 99. o.~3/ I. Consider Settlement Offer from Maxwell Contracting on Claims from Dempsey/Vocelle Drainage / 98.046 project (No Backup) / The City Attorney reported on a claim from Maxwell Contracting relative to the Demps~,/~._,~e)Ye .... '~ ~ drainage project of app,~p~ximately $220,000; said the contractor has r~.lai~Jfi~mt ~..4~"(~)' ~ , i~..l .... ~ has-submill~.~~~atel..y $74,000 added to the original contract amount of $-426,000 ~ 'ii.,,. ~,i'.',r.I ~ f{ with change or&~.'>-'</ ti, 'i Mo h- y c vsdnv x ('~ ~ ~'- I move to deny the settlement offer from Maxwell Contracting on claims from the ....... ~ Dempsey/Voeelle drainage project" ' ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 9 Regular City Council Meeting February 24, 1999 Page Ten DRAFT 99.054 J. 15. Direct StaffReg~rding Twelvo Street Lights onlndian River Dri¥~ (Ci~ Manager Transmittal 2112/99} Following a lengthy discussion on the lights, and whether the approved new lights were installed, motion was made. MOTION by Cartwfight/Paul "I move to'direct staff to keep offthc twelve street lights on Indian River Drive (those that are currently off)", and then added, "and ask City Manager to look into the type of lights that'have been provided by the manufacturer." VOICE VOTE on the motion carried 4-1 (Sullivan - nay) CITY COUNCIL MATTERS A. Mayor Rl~b $~llivan Received a consensus of City Council to have the current city Council do the City Attorney's evaluation. B. Vic~ Mayor Martha VIioinger Requested that tho whereabouts of Charter officers be known during working hours Advised residents on how to report street lights outages by computer and again reiterated that police officers could write down pole numbers Discussed a Press Journal editorial relative to seleetion of the new City Manager stating that she did not agree with public interviews Asked how the City could allow developers to clear cut land C. Mrs. Louise Cartwright Said she believed there is an ordinance that bans clearcutting D. Mr. Chl~ck Nvuberger Complimented thc City Attorney and Code Enforcement for a recent action taken by the board for a property on Vocelle/Durant by water expansion contractors ' Noted a contractor is now dumping trash at the airport Asked again for signs prohibiting dogs in City parks Suggested a prohibition against contractors hired by the City subcontracting out their work Said he was shocked that a former department head was given a pay raise retroactive to her anniversary at,er she leR and others are still waiting for raises 10 Regular City Council M~ting February 24, 1999 Page Elev~ TAPE Ill- SIDE I (10:2.$ p.m.) 16. DRAFT Mr. Larry Paul · Suggested moving some of thc Indian River Drive light poles to dark areas of the City · Requested directional signs and traffic control on Schumann Drive · Said police officers need to keep car windows open during their patrols Being no further business, Mayor sUllivan adjourned the Regular Meeting at 10:28 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathtyn M. O'Halloran, CMC/AAE City Clerk 11 City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 24, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Pastor Marcos Batista, Iglesia Pentecostal El Milenio. I~OLL CALL GiB' Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: Interim City Manager, John Van Antwerp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 15. CITY COUNCIL MATTERS A. Mayor Ruth Sullivan Vice Mayor Martha Wininger Co Mrs. Louise C~.,~ Mr. Chuck Neu..~~ E. Mr. Larry Paul 16. ADJOURN (,4ll meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority vote of City CounciO 16 Regular City Council Meeting February 24, 1999 Page Two AGENDA MODI}'Ii~/[I!QN~ (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majoriO, vote of Ct~y Council members (R.97.21) 99. 046 99.047 6. PROCLAMATIONS. ANNOUNCEMENTS &ND/..OR.P]~$~/~TIONS Pr~gntation of Plaque - Employee of the Fourth Quarter 1998 Mayor Sullivan read and presented a plaque to Sylvia Clark. ttoyltla~Dob~oll & Company - Presentation of Annual Financial Statements for the Year Ended 9/30/98 ?? of Hoyman, Dobson & Company, presented the fiscal year 1997/98 Annual Financial Statements. 7. CITy ATTORNEY MATTERS o CITY MANAGER MATTERS e CONSENT AGENDA Ail items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unleas a member of City Council so requests; in which event, the item will be femoved and acted upon separately. A. Approval of Minutes - 2/10/99 Regular Meeting a / ~ ~ he Interim City Manager read the consent agenda~ MOTION by I move to approve item A of the consent agenda. VOICE VOTE on the motion carried 5-0. 10. PUBLIC HEARING - None 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC ]t~m that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker / .... - . 12. COMMITTEE REPORTSfRECOMMENPATION~ /gLg'v'cc-' 99. O07 Construction Board (City Clerk Transmittal 2/17/99, One Application, Ad, Member List) 1. Interview One Applicant and Appoint to One of the Following Positions: a. Regular Member Engineer Position - Unexpired Term to Expire 9/30/2000 b. Regular Member Contractor Position - Unexpired Term to Expire 9/30/2000 City Council interviewed Andrew Alloco. / MOTION by i move to appoint Andrew Alloco to the Regular Member Engineer position unexpired term to expire 9/30/2000. VOICE VOTE on the motion carried 5-0. 4 99. 008 Planning and Zoning Commission (City Clerk Transmittal 2/17/99, Three Applications, Ad, Member List) 1. Interview Three Applicants and Appoint Two Members as Follows: a. Regular Member Position - Unexpired Term to Expire 2/2002 b. Regular Member Position - Unexpired Term to Expire 6/2000 City Council interviewed John Price, George Gerhold, and Robert Pliska. MOTION by I move to appoint VOICE VOTE on the motion carried 5-0. to the Regular Member position term to expire 2/2002. MOTION by ~:~ I move to appoint 6/2000. VOICE VOTE on the motion carried 5-0. to the Regular Member position unexpired term to exp~e 5 99.048 13. 14. OLD BUSINESS - None NEW BUSINESS Ao Reql~est by Sebastian Volunteer Fire Department and Rescue Squad to Release Reverter Clauses on Deeds to Fire and Rescq~ $~i01~ i~.Authoriz~ M~or to ]~xecute Documents Prepared by City 3~l;lorfl~ (City Manager Transmittal 2/17/99, Fire Dept. Letter, Deed Copies) Nate McCollum addressed City Council. MOTION by I move to approve the removal of the reverter clauses subject to mechanics of the details of such action being agreed to and worked out by the City Attorney and the County Attorney, and authorizing the Mayor to execute the appropriate instnunents as prepared by the City Attorney. 99. 051 it -iIb City Manager and Police Chief to Seek 1999 Local Law Enforcement Block Grant in Cortiunction with De~axtment of Community Affairs (Police Chief T~'an~taitta! 2/16/99, DCA Letter.) MOTION by I move to authorize the City Manager and Police Chief to seek and implement this 1999 Local Law Enforcement Block Grant project in conjunction with the Florida Department of Community Affairs (DCA), Bureau of Criminal Justice Assistance. 12 99. 036 Bo Resolution No. R-99-09 - Assistant to City Manager/Purchasing/Contract Administrator Job Description (Deferred from 2/10/99) (Human Resources Transmittal 2/3/99, R-99-09 w/Description, Current Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF PURCHASING AND CONTRACT ADMINISTRATOR/ASSISTANT TO CITY MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-09 by title. MOTION by I move to adopt Resolution No. R-99-09, approving a job description for Purchasing and Contract Administrator/Assistant to the City Manager. 99.037 Resolution No. R-99-10 - Police Records Job Description (Deferred from 2/10/99) (Human Resources Transmittal 2/3/99, R-99-10 w/Description, PD Organization Chart, Current Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCR1FrION FOR THE JOB OF POLICE RECORDS SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERAilNG PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-10 by title. MOTION by I move to adopt Resolution No. R-99-10, reclassifying the position of Administrative Secretary, currently at pay grade of 18, and approving position description of Police Records Supervisor at the pay grade of 25. 8 99. 049 Resolution No. R-99-12 - Revised Quasi-Judicial Procedures - Repealing Resolution No. R-97-46 (City Attorney Transmittal 2/18/99, R-99-12) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-12 by title. MOTION by I move to adopt Resolution R-99-12. ~ ~t.ou~~ 99. 041 mo Resolution No. R-99-13 - Authorize Execution of Intergovernmental Coordination Review and Public Transportation Coordination - Joint Participation Agreement (ICAR-PTC - JPA) (City Attorney Transmittal 2/18/99, R-99-13, Growth Management Transmittal 2/3/99, MPO Resolution, Agreement Between Indian River County Metropolitan Planning Organization and Florida Department of Transportation) A RESOLUTION OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTiON OF A STATE OF FLORIDA DOT INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-13 by title. MOTION by I move to adopt Resolution R-99-13. 10 99. 0.50 Resolution No. R-99-14 - Request FEMA Flood Map Elevations (City Attorney Transmittal 2/18/99, R-99-12) A RESOLUTIOlq OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE FEDERAL EMERGENCY MANAGEMENT AGENCY ESTABLISH BASE FLOOD ELEVATIONS WITHIN THE CITY; PROVIDING FOR DISTRIBUTION HEREOF; PROVIDING FOR EFFECTIVE DATE. The City Attorney m~l Resolution No. R-99-14. MOTION by I move to adopt Resolution R-99-14. 11 99. 052/ 98.202 / f-.7.-/Z° Award Bid for Swale Regra.~i.ag I0 Low..]~id~ler ~,l~,tM, [~r~terprises and Authorize City Manager to ]~te COntr~t l~ed on Unit Bid Prices- Not to Exceed Budget Allocation (EngineeringfPW Transmittal 2/18/99, Bid Tabulation) MOTION by I move to award C.E.M. Enterprises, the qualifying low bidder, the swale regrading contract in accordance with the unit prices in their bid proposal. Move to authorize the City Manager to execute a contract with C.E.M. Enterprises based on the umt prices. 13 99. 0.53/ 98. 046 Consider Settlement Offer from Maxwell Cqptracting on Cl~ai~s from Demps~/Vocelle Drainag~ Project (No Backup) 14 99.054 Direct Staff Rcgardiag Tw~ll¥~.5[r~c~; Lights on Indian River Drive (City Manager Trans_~i~ 2/17/99) 15 ITEM NO. ~ q. O q~ff ROLL CALL1 ~s. c~,~-i~t Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL' CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Camvright Mr. Neuberger R-qq..o ? -~,~. ITEM NO. q~, t9 $ 7' L.~t--MOTION ROLL CALL4 Mrs. Sullivan '/ Mrs. Wininger Mrs. Canwri~t "'/ Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Winingery Mrs. Cartwright y Mr. Neuberger'-/ Mr. Paul ~ Mrs. Sullivan ',/ SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. q~, ~'-/I ROLL CALL 1 Mrs. Cartwright '¥ Mr. Neuberger Mr. Paul Mrs. Sullivan '/ Mrs. Wininger ITEM NO. qq.~,cv ROLL CALL 2 Mr. Neubcrgcr Mr. Paul y Mrs. Sullivan ¥ Mrs. Wininger "/ Mrs. Cartwright ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger y Mr. Paul ¥ Y ¥ ¥ ITEM NO. ROLL CALL Mrs. Wininger Mrs. Caxtwri~t Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 1 Mrs. Cartwright Y Mr. Neuberger Mr. Paul Mrs. Sullivan y Mrs. Wininger 7' ITEM NO. ~7~ 6;-5-~ ROLL CALL 2 Mr. Neuberger -¥ Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright '7/ ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. RQLL CALL.5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 2/24/99 REGULAR MEETING All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order and placed in clips within the file Cio' Manager, CiO, Attorney, Purchasing and all other department heads get a full set of draft minutes, and are responsible for copying whatever is pertinent to their departments. We will continue to place copies of individual minutes pages in backup files. 99.046 Presentati0~l ofPlaqpe - Employe~ of the Fob Quarter 1998 - presented to Sylvia Clark - no action required 99.047 Hoyman. Dobson & Co~oany - Prescntatio~l of Annual Financial Statemer~ts for the Year 9/30198 - presentefl file Clerk's copy in vault - FINANCE - Audit - 97/98 FY Aoproval 0f Minutes - 2/10/99 Regular Me~tiRg - approved sign, seal - place in book 99.007 Co~truction Board - Interview One Applicant and ~pp. oint to One of the Eollowi~g Position~q; a. Regular Member Engineer position - Unexpired Term to Expire 9/30/2000; b. R,gular Member ~ontractor Position - Unexpired T~t'lql t,.O l~xl~ire 9/30/2000 - AIIoco appointed to Engineer position and resigned from Bd. of Adjustment letter to Alloeo copy minutes pages to both Construction Board and Board of Adjustment files update board handbook in both places and distribute advertise for contractor and Board of Adjustment positions place Alloco resignation on 3/10/99 Council agenda letter to SOE relative to appointment file vault - BOARDS/COMMITTEES - Construction Board 99.008 Plannigtg and Zoning Commission - Interview Three Applicants and Appoint Two Members as Follo~vs: a. Regulal: Member Position - Unexpired Term to Expire 2/20O2'._b. Regular Member position - Ut~expired Term to Expire 6/2000 - Pliska appointed to regular position w/term to expire 212002 and Gerhold appointed to regular member w/term to expire 612000 letter to appointees with appropriate backup copy minutes pages to P & Z file update board handbook and distribute letter to SOE relative to appointments file vault - BOARDS/COMMITTEES - Planning and Zoning 99.048 99.036 99.037 99.049 ReqBest by S~bastian Volunl~r F~e~'l/~ent and Rescue Sqgad to Relca$~ Reverter ~.Aau,~'s onDecds to.Fire ~nd Rescue Stations and Authori~ ~i~Y0r to Execute Do~omentz pr~gggg] ~ City Attorn~ - releases approved and Mayor authorized to execute documents that City Attorney will prepare copy minutes to file lettex to SVFD direct any questions to City Attorney obtain copies of new deeds once prepared and recorded file recorded copies in Sebastian Volunteer Fire Dept. folder and move to expired agreements update \wp-files\agree. cur and \wp-files~agree.exp Resolution NO,..R,-99-09 - Assislant to City_Manag~r/Purchasing/Contra~ Administrato~ Job Description (Deferred frorR 2/10/99) - adopted as revised obtain revised job description from Doris type "as adopted by Resolution No. R-99-09 on 2/24/99" on job description sign, seal - copy res and descr to file, counter, Human Resources blue back original and file vault - 99 ORIG RES HR to distribute copies to all people with SOPS file backup in vault - 99 RES BACKUP update \wp-reset-99 as to adopted date Resolution No. R-99-10 - Police Records Job Description (Deferred from 2/10/99) - adopted type "as adopted by Resolution No. R.99-10 on 2/24/99" on job description sign, seal - copy res and descr to file, counter, Human Resources blue back original and file vault - 99 ORIG RES HR to distribute copies to all people with SOPS file backup in vault - 99 RES BACKUP update \wp-reset-99 as to adopted date ~olution No. R-99-12 - Rgyise~l Quasi-Judicial Ptoc~ures - Rep~aJ~g Resolution No. R-97-46 - adopted as revised obtain revised resolution from Attorney sign, seal - copy to file, counter, all Council, Board of Adjustment secretary, Planning and Zoning secretary, GMD, purple bindex on cart remove old procedures from chambers and in computer and replace with new ones update procedures manual, quasi agendas in computer etc. blue back original - file vault 99 ORIG RES file backup in vault - 99 RES BACKUP update \wp-res~r-99 as to adopted date 2 99.041 99.050 99.051 99.052 Resolution No, R-99-13 - Authorize Exg~ll~iOll 0f ~tergovernmental Coordination Reyiew ~d Publg Tran~por3.~tion Coordination - Joint Particil~ation Agreement 0CAR-PTC - JPA) - adopted - Mayor authorized to execute JPA sign, seal res and g agreements - copy to file, counter, GMD letter to IRC MPO enclosing copy of authorizing R-99-13 and 8 original agreements when one original rec'd - have signed and sealed - copy and attach to R-99-13 and return original to IRC MPO blue back original res w/attached copy of inteflocal agreement and file in vault - 99 ORIG RES file backup in vault - AGREEMENTS - Inteflocal - Indian River County note location of backup on green sheet labeled "R-99-13 - Inteflocal Agreement Between IRC MPO and DCA - see AGREEMENTS - lnteflocal. MPO" update \wp-files\agree. cur - AGREEMENTS - Interlocal - MPO and cross reference under Interlocal - Dept. of Community Affairs update \wp-rm~r-99 as to adopted date Resohlljon No. R-99-14 - Request FEMP~ ]~Joogl Map Elevations - adopted as revised obtain revised resolution sign, seal - copy to file, counter, City Engineer, GMD mail copies to all individuals listed in body of resolution blueback original - file vault Authori/.~ City Manager ~nd Police Chief tO ~;~k 1999 Local Law Enforcement Block Grilllt in Coltjlmction with Deilartment of (~ommunityAffair~ - authorized to pursue funding Puschor had grant signed by Mayor obtain copy of contract from Puscher copy minutes to file file backup in vault - POLICE DEPT. file grant contract in vault - AGREEMENTS - Interlocal - DCA - LLEBG 99 Award ]3id for Swale Regrading to Low Bi~Id~ C,I~.M. Enterprises and Authorize City Manlger to l~xecute Contral~t Based oaUnit Bid PI:JCl- Not to Exceed Budget Allocation (,see 98.202) - *warded copy minutes to file Paul and Jean to follow through on notification and execution of contract obtain one original for filing in vault - AGREEMENTS - Miscellaneous and add to \wp- files~gree, cur file r~st of bid file in FiNANCE - 99 Bids/Purchases when returned by Paul 3 99.053 99.054 Consider Settlement O. ffg from Maxwell Contracti0g on Claims from Demp~ey/Vocclle Drainage Project (~e 98.046~ - settlement offer rejected start file - copy minutes to file letter to Maxwell per City Manager - copy to City Manager, City Attorney, City Engineer file vault - LEGAL Direct Staff R~ardirlg Tx~elve Street Lights on Indian Riy~r_Drige - motion to keep off 12 lights whleh are currently turned off copy minutes to file letter to FPL?? file vault - STREETS Other Oir~tiom Answer to Billy Simpson re: sign citation ?? City Attorney to draR ordinance re: amendment to waiver provision in Riverfront Performance Overlay ordinance (0-98-06) Lions Club 4th of July request to go on 3/10/99 agenda Consensus for current Council to do City Attorney evaluation (See minutes for other requests of City Council) 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 24, 1999 - 7:00 P.M. CITY COUNCIL CB. AMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLER~ - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Pastor Marcos Batista - Iglcsia Pentecostal El Milcnio 4. ROLL CALL 5. AGENDA MODIFICATIONS (.ADDITIONSAND/_O~ DI~ETIONS] Items not on the written agenda may be added on~F upon a majoriO~ vote of Cio~ Council members (R-97-21) 6. PI~QCLAMATIONS. ANNOUNCEM~I'S AND/OR PRESENTATIONS 99.046 A. Presentation of Plaque - Employee of the Fourth Quarter 1998 99.047 ]~. Hoyman, Dobson & Company - Presentation of Annual Financial Statements for the Year Ended 1 9/30/98 7. CITY ATTORNEY MATTEIL,~ 8. L-~TY MANAGER MATTERS 3-13 99.007 15-29 99.008 31-42 99.048 43-50 99.036 51-62 10. 11. 12. 13. 14. CONSENT AGENDA AH item$ on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council ao requests; in which even~ the item will be removed and acted upon separateb,. · A. Approval of Minutes - 2/10/99 Regular Meeting pI.q~LIC HEARING INTRODUCTION OF NEW BU. SII~S$ _EI~.M THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit often minutes for each speaker COMMITTEE REpQI{T$/RECOMMENDATIONS Construction Boargl (City Clerk Transmittal 2/17/99, One Application, Ad, Member Lis0 1. Interview One Applicant and Appoint to One of the Following Positions: a. Regular Member Engineer Position - Unexpired Term to Expire 9/30/2000 b. Regular Member Contractor Position - Unexpired Term to Expire 9/30/2000 Planning and Zoning Conunission (City Clerk Transmittal 2/17/99, Three Applications, Ad, Member List) 1. Interview Three Applicants and Appoint Two Members as Follows: a. Regular Member Position - Unexpired Term to Expire 2/2002 b. Regular Member Position - Unexpired Term to Expire 6/2000 OLD BUSINESS - None NEW BUSINESS Ao Request by Sebastian Volunteer Fire Department and Rescue Squad to Release Reverter Clauses on Deeds to Fire and Rescue Stations and Authorize Mayor to Execute Documents Prepared by City Attorney (City Manager Transmittal 2/17/99, Fire Dept. Letter, Deed Copies) Resolution No. R-99-09 - Assistant to City Manager/Purchasing/Contract Administrator Job Desc. xiption (Deferred from 2/10/99) (Human Resoure~ Transmittal 2/3/99, R-99-09 w/Desa'iption, Current Job Description) A RESOL~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPIION FOR THE POSITION OF PURCHASING AND CONTRACT ADMIlqISTRATOR/ASSISTANT TO CITY MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 99.037 63-76 99.049 77-82 99.041 83-107 99.050 109-112 99.051 113-116 99.052/ 98.202 117-120 99.053/ 98.046 99.054 121 mo Resolution No. R-99-I0 - Police Records Job Description (Deferred from 2/10/99) (Human Resources Transmittal 2/3/99, R-99-10 w/Description, PD Organization Chart, Current Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN', INDIAN' RIVER COUN'rY, FLORIDA, ADOPTINO A JOB DESCRIFrION FOR THE JOB OF POLICE RECORDS SUPERVISOR; PR OVIDINO FOR INCLUSION OF SUCH JOB D~ON IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS llq CONH~CT HEREWITH; AND PROVIDING FOR AN EFFEC~ DATE, Resolution No. R-99-12 - Revised Quasi-Judicial Procedures - Repealing Resolution No. R-97-46 (City Attorney Transmittal 2l 18/99, R-99-12) A ~LLrlTON OF THE CITY OF SEBASTIAN, INDIAN RIVF_~ COUNTY, FLORIDA, REVISINO PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DEIZRMINiNO APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-99-13 - Authorize Execution of Intergovernmental Coordination Review and Public Transportation Coordination - Joint Participation Agreement (ICAR-PTC ~ JPA) (City Attorney Transmittal 2l 18/99, R-99-13, Agreement Between Indian River County Metropolitan Planning Organization and Florida Department of Transportation, Previous Growth Management Transmittal 2/3/99, MPO Resolution) A RESOL~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COIJNTY, FLORIDA, AUTHORIZING EXECUTION OF A STATE OF FLORIDA DOT INTEROOVERNME31TAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION 3OINT PARTICIPATION AGRF~UaMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-99-14 - Request FEMA Flood Map Elevations (City Attorney Transmittal 2/18/99, R-99-12) AP.F_SOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE FEDERAL EMERGENCY MANAO~ AGENCY ESTABLISH BASE FLOOD ELEVATIONS WITH]~ THE CITY; PROVIDnqG FOR DISTRIBUTION HEREOF; PROVIDING FOR EFFECTIVE DATE. Authorize City Manager and Police Chief to Seek 1999 Local Law Enforecment Block Grant in Conjunction with Department of Community Affairs (Police Chief Transmittal 2/16/99, DCA Letter) Award Bid for Swale Regrading to Low Bidder C.E.M. Enterprises and Authorize City Manager to Execute Contract Based on Unit Bid Prices- Not to Exceed Budget Allocation (EngineeringfPW Transmittal 2/18/99, Bid Tabulation) Consider Settlement Offer from Maxwell Contracting on Claims from Dempsey/Vocelle Drainage Project (No Backup) Direct Staff Regarding Twelve Street Lights on Indian River Drive (City Manager Transmittal 2/17/99) 15. 16. CiTY COUNCIL MATTER~ A. Mayor Ruth Sullivan B. Vice Mayor Martha Winingcr C. Mrs. Louise Cartwright D. Mr. Chuck Ncuberger E. Mr. Larry Paul ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TIlE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERI~S WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings : Regular Meeting (Current Council) - Wednesday, 3/10/99 - 7pm Special Meeting (Election Matters) (Current and New Council) - Monday, 3/15/99 - 7 pm Special Meeting (Quasi.Judicial} (New Council) Wednesday, 3/17/99- 7pm Regular Meeting (New Council) - Wednesday, 3/24/99 - 7pm 4 City of 5¢bc ti n 1225 Main Street D Sebastian, Florid~ 32958 Telephone (561) 589-5330 D Fax (561) 589-5570 E-Maih ci'h/seb~iu.net SEBASTIAN CI~ COUNC~ AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 24, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the CiO, Council with respect to agenda items immediately before deliberation of the item by the CiO, Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE iNVOCATION - Pastor Marcos Batista - Iglesia Pentecostal El Milenio ROLL CALL 99. 046 AGENDA MODIF[CATIONS (ADDITIONS AND/OR DELETIONS] Items not on the written agenda may be added on~ upon a majority vole of City Council members (R-97-21) PROCLAMATIONS, ANNOUNCEMENTS ,aND/OR PRESENTATIONS A. Presentation of Plaque - Employee of the Fourth Quarter 1998 99.047 1 Hoyman, Dobson & Company - Presentation of Annual Financial Statements for the Year Ended 9/30/98 CITY ATTORNEY MATTERS CITY MANAGER MATTERS 99.007 3-13 99.008 31-42 99.048 43-50 99.036 51-62 10. 11. 12. 13. 14. CONSF, NY AGENDA 1 All itern~ on the con:tent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of · cons~t agtnda items unle~ a member of Ci9~ Council so requests; in which even~ the item will be removed and acted upon separate~. I A. Approval of Minutes - 2/10/99 Regular Meeting PUBLIC HEARING INTRODLIC'I'IQIN QF NEW BUSINESS FROM THI~ p],IBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda, sign-up required - limit often minutes for each speaker COMMITTEE REPORTSlRECOMMENDATI ON~ Co~tru~tiort BQard (City Clerk Transmittal 2/17/99, One Application, Ad, Member Lis0 I. Interview One Applicant and Appoint to One of the Following Positions: Regular Member Engineer Position - Unexpired Term to Expire 9/30/2000 b. Regular Member Contractor Position - Unexpired Term to Expire 9/30/2000 Plamfing and Zoning CommissiOn ' (City Clerk Transmittal 2/17/99, Three Applications, Ad, Member List) 1. Interview Three Applicants and Appoint Two Members as Follows: a. Regular Member Position - Unexpired Term to Expire 2/2002 b. Regular Member Position - Unexpired Term to Expire 6/2000 OLD BUSINESS - None NEW BUSINI~S$ Request by Sebastian Volunteer Fire Department and Rescue Squad to Release Reverter Clauses on Deeds to Fire and Rescue Stations and Authorize Mayor to Execute Documents Prepared by City Attorney (City Manager Transmittal 2/17/99, Fire Dept. Letter, Deed Copies) Resolution No. R-99-09 - Assistant to City Manager/Purchasing/Contract Administrator Job Description (Deferred fi-om 2/10/99) (Human Resources Transmittal 2/3/99, R-99-09 w/Description, Current Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRiPTIOlq FOR THE POSITION OF PURCHASING AND CONTRACT ADMINISTRATOR/ASSISTANT TO CITY MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. 2 99.037 63-76 99.049 77-82 99.041 83-107 99.050 109-112 99.051 113-116 99.052/ 98.202 117-120 99.053/ 98.046 99.054 121 Resolution No. R-99-10 - Police Records Job Description (Deferred from 2/I 0/99) (Human Resources Transmittal 2/3/99, R-99-10 w/Description, PD Organization Chart, Current Job Description) A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIFrION FOR THE JOB OF POLICE RECORDS SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFrION iN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-99-12 - Revised Quasi-Judicial Procedures - Repealing Resolution No. K-97-46 (City Attorney Transmittal 2/18/99, R-99-12) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-99-13 - Authorize Execution of Intergovernmental Coordination Review and Public Transportation Coordination - Joint Participation Agreement (ICAR-PTC - JPA) (City Attorney Transmittal 2/18/99, R-99-13, Agreement Between Indian River County Metropolitan Planning Organization and Florida Department of Transportation, Previous Growth Management Transmittal 2/3/99, MPO Resolution) A RESOLLrl~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AIFI~ORIZINO EXECUTION OF A STATE OF FLORIDA DOT INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDiNATION JOINT PARTICIPATION AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-99-14 - Request FEMA Flood Map Elevations (City Attorney Transmittal 2/18/99, R-99-12) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE FEDERAL EMERGENCY MANAGEMENT AGENCY ESTABLISH BASE FLOOD ELEVATIONS WITHIN THE CITY; PROVIDING FOR DISTRIBUTION HEREOF; PROVIDiNG FOR EFFECTIVE DATE. Authorize City Manager and Police Chief to Seek 1999 Local Law Enforcement Block Grant in Conjunction with Department of Community Affairs (Police Chief Transmittal 2/16/99, DCA Letter) Award Bid for Swale Regrading to Low Bidder C.E.M. Enterprises and Authorize City Manager to Execute Contract Based on Unit Bid Prices- Not to Exceed Budget Allocation (Engineering/PW Transmittal 2/I 8/99, Bid Tabulation) Consider Settlement OtTer from Maxwell Contracting on Claims from Dempsey/Voeelle Drainage Project (No Backup) Direct Staff Regarding Twelve Street Lights on Indian River Drive (City Manager Transmittal 2/17/99) 15. 16. CITY COU~Ci~.MATTEF. S A. Mayor Ruth Sullivan B. Vic~ Mayor Martha Winingcr C. Mrs. Louise Canv~ght D. Mr. Chuck Ncubcrgcr E. Mr. Larry Paul ADJOURN (All meetings.shall adjourn at lO:SOp, re. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDF~ TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HF_..4RtNG) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATITt4 RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE H~RD. (2S6.0iOS ~.S.) IN COMPLIANCE WITH THE AMERICAN5 WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATiON FOR THIS MEETING SHOULD CONTACT THE CrlT 'S ADA COORDINATOR AT .589.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meeting~ Ut~ornjng Meetings : Regular Meeting (Current Council) - Vt'ednesday, 3/10/99 - 7pm Special Meeting (Election Matters) (Current and New Council) - Monday, 3/15/99 - 7 pm Special Meeting (Quasidudicial) (New Council) Wednesday, 3/17/99 - 7pm Regular Meeting (New Council) - Vt'ednesday, 3/24/99 - 7pm 4 City of Sebastian, Florida Subject: Annual Audited Financial Statements Agenda No. ~. i0 t//O presentation by the audit firm Hoyman, Dobson & Company. Department Origin: Finance Approved~for,Submittal by: Cit3/Manager Date Submitted: February 16, 1999 ~~,~ ~/d,~ ~f~/~.~ For Agenda of: February 24, 1999 Exhibits: · o Annual Financial Statements for the Fiscal Year Ended September 30, 1998 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY Annual presentation to the City Council of the City's Audited Financial Statements for the fiscal year ended September 30, 1998. Presentation will be given by Ms. Debbie Bradley. RECOMMENDED ACTION Formal acceptance by Council not necessary. City of Sebastian 1225 Main Street C~ Sebastion, FIorido 32958 Telephone (561) 589-5330 CI Fax (561) 589-5570 E-Moil: cilyseb~iu.net SEBAST~N CI~ COUNC~ MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 10, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Pastor Michael Lyle, First Church of the Nazarene. e ROLl. CALL City COuncil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff PreseBI; City Manager, Thomas Frame City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran City Engineer, Martha Campbell Human Resources Director, Rich Samolowicz Finance Director, Mark Mason Growth Management Director, Tracy Hass Deputy City Clerk, Sally Maio Regular City Council Meeting February 10, 1999 Page Two AGENDA MODIHCATIONS (ADDITIONS AND/OR DELETIONS) Ite~ not on the written agenda may be added only upon a majority vote of CiO~ Council members (R. 97-21) The City Manager requested that item 14. I. 99.041 Intergovernmental Coordination Agreement be withdrawn and brought back with an approving resolution. There was no objection. Vice Mayor Wininger requested that item 14 J re: Interim City Manager and Applications be moved up on the agenda, MOTION by Wininger/Cartwright "I move that item 14 J be moved to A. 1. on the agenda under New Business." VOICE VOTE on the motion carried 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS Mayor Sullivan presented certificates to Betty Dillard and Daniel Mixell for their life-saving assistance to a heart attack victim in the City of Sebastian 99.008 A. Presentation of Plagues to Former Cj~y Board Members Mayor Sullivan presented certificates to ~he following former board members: Budget Advisory Committee * Joseph Barczyk * Ben A. Bishop Planning & Zoning Commission . Carl Fischer (not present) . Kevin MacWilliam (not present) , Harry Thomas, Jr. 7. CiTY ATTORNEY MATTERS Non~. 8. CITY MANAGERMATTERS P, agceived consensus of Council for a Little League request to allow skydivers to land at Barber Street Sports Complex for their opening ceremony. Received consensus of Council for Charles Cardinale, member of Tree Advisory Board, to work with high school students to work up a plan for landscaping at east end of City Hall. Wininger suggested including picnic benches. Encouraged Council to drive Indian River Drive and determine what lights should be left on, for the next agenda. 2 Regular City Council Meeting February 10, 1999 Page Three 99.030 99.031 99.032 Requested direction from Council on a request for private purchase of approximately 2 acres of City property adjacent to Walmart. It was suggested that a list of all surplus City properties be compiled and brought to Council for consideration. S~a~(~exl this was his last regular meeting and thanked Council, the public and City staff for his time as City Manager. ~ONSENT AGENDA All items ets the c~t agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agsmda items unless a member of CiO~ Council so requests: in which even~ the item will be removed and acted upon separately. A. Approval of Minutes - January 27, 1999 Regular Meeting Use of Riverview Park for Welcome Wagon Picnic - Use of Electricity on 4/24/99 - 11 am to 3 pm (City Clerk Transmittal 1/11/99, Letter) Use of Riverview Park - Sebastian River Chamber of Commerce Business/Health Expo - 3/27/99 - 7 am to 4 pm - Closing of Fellsmere Road East of Sparkys to Indian River Drive and Indian River Drive Between Fellsmere Road and Harrison Street (City Manager Transmittal 2/3/99, Chamber Lo~r) Romero/Our Lady of Guadalupe Church - Fund Raising Dance - 2/12/99 - 7 pm to Midnight - Council Approval of Request to Hold Event Until Midnight and Charge Admission Fee Conditioned Upon Hiring of Police Officer - Security Paid (City Clerk Transmittal 1/26/99, Application) The City Manager read the consent agenda. Mr. Neuberger removed item C. MOTION by Paul/Cartwfight "I move to accept consent agenda items A, B, and D." VOICE VOTE on the motion carded 5-0. ItemC Mr. Neuberger discussed removal of a Chamber trailer. MOTION by Neuberger/Cartwright "I'd like to make a motion to approve item C." VOICE VOTE on the motion carded 5-0. Regular City Council Meeting February 10, 1999 Page Four 10. pUBLIC HEARING - None 11. LNTRODUC~ION OF NEW BUSiNES.~ 1~0~ THE PUI~LIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit often minutes for each speaker The following individuals addressed City Council: · Henry Dolan, Ponoka Street, Sebastian · Harry Thomas, 654 Balboa Street, Sebastian TAPE I- SIDE H (7:58 p.~.) 12. CD. MMITT]~]~ REPORTS/RECOMMENDATIONS Mr. Ncuberger reported on the Metropolitan Planning Organization meeting regarding election of officers, apportionment plan, resolution supporting the widening ofi-95, and his request for a status report on current impact fees funds. 13. OLD BUSINESS 99.018 Approve Supplemental Ag~ement # 11 with Masteller & Moler for Stonecrop Dam Replacement. l)~sigl~ in th~ Amount o3'$43,790 - Postponed from 1/13/99 and 1/27/99 (Public Works Transmittal l/4/99.,.Supplemerltal Agteem~O MOTION by Cartwright/Neuberger "I move to approve Supplemental Agreement # 11 with Masteller & Meier for $43,790." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 4 Regular City Council Meeting February 10, 1999 Page Five 14. NEW BUSINESS 99.033 A. 99.042 Prior City Couacfi! Approval of Expenses for Councilmember Neuberger to Attend Advanced I~stitute b~' l~lected Officials in Coc~oaBeach - February. 26-27, 1999 in A~0rdancc with State Limitations (City Clerk Tr~Illittal 2/2/99, Corlfcrence Info.) MOTION by Sullivan/Cartwfight "I would move approval of Mr. Neuberger attending the Institute for Elected Officials." ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 A. 1.(J) Discuss Cikv M~ager Issue - Interim Manager and Applications (No. Ba¢.ku.o) IVlrs. Wininger suggested separating the two issues, first to appoint an interim, and then decide on a process for review of applications. MOTION by Winingerflqeuberger "I would move that the Council appoint John Van Antwerp as the interim City Manager and the salary to be discussed as a separate motion." Following some discussion and In response to City Council inquiries, the City Attorney said there could be a motion to suspend the rules, add the item to the agenda, and then have a motion to act. MOTION and second were withdrawn. MOTION by Wininger/Neuberger "I will move to suspend the roles to allow a vote on a motion under a discussion item." VOICE VOTE on the motion carried 3-2 (Paul, Cartwright - nay) The City Attorney said it was not necessary to add the item to the agenda since the roles had been suspended. MOTION by Wininger/Neuberger "I move as I did before" (the City Clerk stated "I move to appoint John Van Antwerp as interim City Manager") and Mrs. Wininger added," further I would move that we discuss the salary as a separate item." Regular City Council Meeting February 10, 1999 Page Six ROLL CALL: M~. Sullivan - aye ~ Wininger - aye Mrs. Cartwright - nay Mr. Neuberger - aye Mr. Paul . MOTION CARRIED 3-2 (Cartwright, Paul - nay) MOTIO,N,, by wininger/Ne~erger I will move that we offer Mr. Van Antwerp $500 additional per week for the duration of his duty as City Manager and also I move that Mr. Van Antwerp begin his official duty on Friday, February 19, 1999 at 4:30p.m." ROLL CALL: Mrs'. Wininger - aye . Mm Cartwright - aye Mr: Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye MOTION CARRIED 4-1 ~aul - nay) Discussion took place on Ihe process for application review and interviews. It was the consensus of Co~meil that they will select up to ten names and submit them to the Human Resources Director for ranlfing. TAPE II- SIDE I (8:36 p. tn.) ' It was decided to consider travel expenses when the ranking is completed; to rank the applications but have the new Council set the interviews; and to submit the top ten to the Human Resources Direetor by March 8, 1999. Mayor Sullivan called reees~ at 8:52 p.m. and reconvened the meeting at 9:05 p.m. All members were present. The City Manager requested that item L be moved up on the agenda. MOTION by Neuberger/$allivan "I make a motion to move item L to the next item on the agenda." VOICE VOTE on the motioa carried 5-0. Regular City Council Meeting February 10, 1999 Page Seven 99.0a4 99.034 99.035 A.2: (L.)Contractwith J.~ ~5 ~viation (Backup Forthcomir~g3 The City Manager had distributed a proposed lease agreement and reviewed it for Council. Attorney Rene Van de Voorde addressed Council. The City Attorney stated that March 1, 2004 should go in the blank line on page 5. MOTION by Cartwright/Paul "I move to approve the proposed lease between the City of Sebastian and J & S Aviation, Inc. as amended authorizing the City Manager to sign, the City Clerk to attest, the City Attorney to approve as to form and content." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Ma'. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION .CARRIED 5-0 B. [;ehedll[e City Council Workshop on Charter Officer l~yaluation Procedcres (No Backup) The City Manager recommended the procedure for each Charter officer be addressed separately and held for the new Council. MOTION by Cartwright/Neuberger "I move to defer scheduling the workshop until a new City Council is seated and let them decide." VOICE VOTE on the motion carried 5-0. C. Ilase Flood~l~yafi0ns - Requested by Vice Mayor Wininger (No Backup) The City Manager had distributed related backup prior to the meeting and reviewed it for Council. It was the consensus of Council to direct the City Attorney draft a resolution asking the federal government for a new flood study to be brought back to the next agenda. 7 Regular City Council Meeting February 10, 1999 Page Eight 99.036 D. Re~olution No. R-99-09 - N~v Job Description - Purchasing Agent/(~ontract Admhlj~tr~tor/ Assistant to Ci~ M~ager (Human Resources Transmittal 2/3/99. R-99-09 w/Description) A RESOLUTION OF THE C1TY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A lOB ~ON FOR THE POSITION OF PURCHASING AND CONTRACT ADMINISTRATOR/ASSISTANT TO CITY MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STA!qDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF ~LUTIONS IN CONFLICT HEREWrEH; AND PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read the resolution by title. TAPE II- SIDE II (9:40p. m.) Vice Mayor Wininger said she would like to see the current job description and suggested "shall supervise" should be "may supervise". MOTION by Wininger/Neuberger "I move to defer the adoption of'Resolution No. R-99-09, to the next regular Council meeting which is February 24, 1999." ROLL CALL: Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - nay MOTION CARRIED 3-2 (Paul, Cartwright - nay) 99.037 E. Resolution No. R-9~}-I0 - New lob Descoptjon[ - Police Records Supervisor (Human Resources Trpmmittal 2/3/99, R-99-09 w/Descril~tion) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIFrION FOR THE JOB OF POLICE RECORDS SUPERVISOR; PROVIDIN(3 FOR INCLUSION OF SUCH JOB I)F_$CRIF~ON IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLLrrlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the resolution by title. Vice Mayor Wininger requested a copy of the current job description for the individual and a copy of the organizational chart of the Police Depamnent. Regular City Council Meeting February 10, 1999 Page Nine 99.038 F. 99.039 G. MOTION by Wininger/Neuberger "I'll move to defer Resolution No. R-99-10, to our next regular City Council Meeting on February 24, 1999." ROLL CALL: Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - nay Mr. Neuberger - aye MOTION CARRIED 3-2 (Paul, Cartwfight - nay) Resolution No. R-99-11 - Vacation of Easement - WJl~llak - Lots 22 and 2,3. Block_187, Unit 8 Sebastian Highlands ((~r0wth Management Transmitlal 2/4/99, R-99-I 1, Appli~it[iOn, Site Map, Staff Report, Utili~ Letter~) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 187, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONleLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the resolution by title. MOTION by Paul/Neuberger "I move to adopt Resolution No. R-99-1 I." ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Ncuberger - aye Ma-. Paul - aye MOTION CARRIED 5-0 Authorize Cily Attom~ to File for Foreclosure of Lien in Code Enforcement Case No. 98-13684 Allgler's Ob~v$~iOIk£CitY Attomey Transmittal 2/4/99, Order, DEP L~tter.) MOTION by Cartwright/Neuberger "I move to authorize the City Attorney to file for foreclosure of the lien in Code Enforcement Case No. 98-13684." Regular City Council Meeting February 10, 1999 Page Ten ROLL CALL: Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan - aye - aye - aye - aye MOTION CARRIED 5-0 99.040 Apprgye Sole Source Anllual S~lllport Agreement with Coml~uter Center Software for MUNIS Aeoo~lltjIlg Sofb~vare hl Amount of $5,965 (Finance Director Transmittal 2/4/99, The Finance Director responded to inquiries fi.om Council relative to the $5,965 for annual support. He stated that the annual support agreement can be entered into at this time now that the software has MOTION by Paul/Cartwright .. "I move to approve sole source Annual Support Agreement for the MUNIS Accounting Soft, ware in the amount of $5,965.00." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 99.041 &uthorize. Jq~or to Execlg~ Intergovernmental Coordination and Review and Pu.b|jg; Transportation Coordination Agreement Joilat Particiilatiol~ Agreement (ICAR-PTC- JPA) Between IMian River Connly Metrq~olitan Planning Organization and Florida E~artment of TransportatiOn (Growth Management Tr~mittal 2/3/99, Agreemeilt, Resolution) This item was withdrawn to be brought back with an adopting resolution. 99,043 Salary Ranges for E:~mpt Employees (Cib, Manager Transmittal 2/4/99, Proposed Salary Survey ~d The City Manager briefly addressed this item. Staffwas requested to also bring back a comparison of union employees' salaries with surrounding areas; and an organizational chart showing the positions, the titles, present salmy, recommended salary, and the number of people they supervise." MOTION by Sullivan/Wininger "I would move to postpone this until the Human Resources Director brings back the report to the Council." VOICE VOTE on the motion carded 5-0. 10 Regular City Council Meeting February 10, 1999 Page Eleven 99.045 M. CiF Hall Air Qua]iF ?rol~lems (City Manager Transmittal 2/4/99. Wa~r_Memo, Spaul Reo0rt,.3_ Ouotes} TAPE III - SIDE I (10:25 p.m.) MOTION by Sullivan/Neuberger "I move that we waive the normal sealed bid procedures based on time and the Seriousness of the situation and authorize the City Manager to hire Climate Control Services for an amount not to exceed $44,355 subject to the City Attorney's approval of the terms. Further, authorize the appropriation of the additional $5,000 by utilizing the savings of the tree shelter (24-9g-DST002) in the amount of $3,000 and $2,000 for underground tank removal (23-99-DST003) as depicted in the Capital Plan." ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Wininger/Cartwright I move to adjourn. VOICE VOTE on the motion carried 5-0. Mayor Sullivan adjourned the Regular Meeting at 10:30 p.m. The following was not addressed: 15. CITY COU]~CIL MATTER~ B. C. D. E. Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwri~t Mr. Chuck Neuberger Mr. Lany Paul Approved at the ,1998, Regular CRy Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor 11 City of Sebastian 1225 Main Street $ebastian, Florida 32958 Telephone (561) 589~5330 FAX (561) 589-5570 Subject: Construction Board Department Origin: City Clerl~~ ' Date Submitted: 2/17/99 Approved for Submittal by: City Manager ,~.~ ~.~ ~/~j~, For agenda of: 2/24/99... Exhibits: one application, advertisement, board member list Expenditure Required: Amount Budgeted: Appropriation Required: ~IjMMARY STATEMENT Thc Construction Board currently has two unexpired positions open (Building Contractor and Engineer) due to one deceased member and one member terminated by City Council. One application was received from Andrew Allocco who would like to fill the Engineer position. Mr. Allocco is currently on the Board of Adjustment and realizes he must resign if appointed to the Construction Board. RECOMMENDED ACTION Interview applicant, unless waived by Council, and appoint as follows: 1. One Regular Member Engineer position of Jolm Hearne - unexpired term to expire 9/30/2000 2. One Regular Member Contractor position &William Doyle - unexpired term to expire 9/30/2000 February15,1999 Andrew Allocco, PE P.O. Box 780098 Sebastian, Florida 32978-0098 Tel: (561) 388-3188 Fax: (561) 388-0044 The City of Sebastian Sebastian, Florida 32958 Re: Application To Serve On City Construction Board Dear Council Members: I would like to serve on the Construction Board as the Engineer Member. I presently serve on the Board of Adjustment as a regular member, if that position is filled, I would accept appointment as the Contractor Member. I hold active licenses in the State of Florida as: Professional Engineer, Certified General Contractor, Certified Mechanical Contractor, Certified Electrical Contractor, Certified Roofing Contractor, Certified Commercial Swimming Pool Contractor and Licensed Real Estate Broker. I have enclosed a short list of my licenses & certifications along with copies of my active licenses. The licenses have been registered with the Building & Zoning Department of the City of Sebastian. I am available to answer any additional questions. Sincerely, Andrew Allocco I I I I I i I I I I i i I I i APPLICATION TO SERVE ON CiTy BOARD/COMMITTeE (All City Board and Committee Members Must be Residents of the City of Sebastian) ////_z o'cc,o Ho~ ~DnSS: / ~,f~,~d'~'~ ~~~ .BUS]NEsS ADDRESS: ~ V. ~X 7~t:~>ff~d::z ' PL~SE C~CK T~ BOA~S ON ~CH YOU ~ ~TE~STED ~ SER~G ~ O~ER OF ~FE~CS ruTH S~T CHOICn Sn~G ~: BOARD OF ADJUSTMENT CODE ENFOKCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISOKY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) , i APPLICABLE EDUCATION AND/OK EXPEKIENCE: (a~ch separat~ resume if n~essary) · REASONS FOK WANTING TO SEKVE ON BOAKD OR COMMITTEE: I .................... JT -. i '.- ": LIST ANY ADDiTIONAI.,QuALIFICATIONS TO SE1WF. ON BOARD OR. COIvaVilTTEE: i '~v~ You ~.v~. ~.~'co~c~ o~ ^m' re. om, r~ ~.~s o~. ^~- s~^'r~? ~ - · ." ~v~ ¥0u ~v~ BE~ CO~ICTED Ot~ Am MISD~.ME~O~ ~rvoLv~e . - Wo~ you co~sm~ s~v~e o~, ~o~ o~ ~ ~ °~(s) s~sc~sD ~0~? ',/ ' ' ~," X¢/ ........ _ : I hereby ~ ~a,.I & q~fi¢ m hold ~c posidon ror.Mch ~ application is re,dc. F~cr, Z"~mb~ ' "~,' ' au~o~ ~ C~ 9f~cb=fi~"t0.N~cstiga= mc ~= of all ~o=ation wNch I hav~ provi~ N ~s :. ' :: app~c~o~ I ~dm~d ~at ~y'~srcprcscntafion or omsion of ~o~ation rcquest~ N ~s · app~cafion h ca~c for ~squali~cation. I Mv~ b~n pmvid~ ~ read md ~dcrst=d Ci~ of Scb=fi~ C~c of Or~ S~tio~ 2-166 ~ou~ ~o~ Pubic, S~ of~o~da ., ~ rev. 9/98 ' '- ' - ' '- ' I i Andrew Ailocco, PE I P.O. Box 780098 Sebastian, FL 32978-0098 I Tel: (561) 388-3188 Fax: (561) 388-0044 i Email: AIIocco@aol.com Construction Licenses & Certifications ! i 1976 Certificate of Competency as a State of Florida General Contractor issued by the State of Florida, Construction Industry Licensing Board. I 1976 Certified State General Contractor's License. # CGC 010724 issued by the State of Florida Constmcti.on Industry Licensing Board. I 1977 Certificate of Competency as a State of Florida Roofing Contractor issued by the State of Florida Construction Industry Licensing Board. I 1977 Certified State Roofing License #CCC 012378 issued by the State of Florida Construction Industry Licensing Board. I Competency as a State of Florida Mechanical Contractor issued by 1 977 Certificate of the State of Florida Construction Industry Licensing Board. I 1977 Certified State Mechanical Contractor's License #CMC 011653 issued by the State of Florida Construction Industry Licensing Board. I 1978 Certificate of Competency as a Master Plumber issued by the Dade County ' Department of Building & Zoning, Miami, Dade County, Florida. I 1978 Master Plumber's License #CC 12287 issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. I 1978 Certificate of Competency as a Master Electrician issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. I 1978 Master Electrician's License # CC 12287 issued by Dade County Department of Building & Zoning, Miami, Dade County, Florida. I1978 Certificate of Competency as a Master Plumber issued by the Dade County I Department of Building & Zoning, Miami, Dade County, Florida. 1978 Master Plumber's License #CC 12287 issued by the Dade County Department of I Building & Zoning, Miami, Dade County, Florida. ! , ! 1978 Certificate of Competency as a Master Electrician issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. I 1978 Master Electrician's License # CC 12287 issued by Dade County Department of Building & Zoning, Miami, Dade County, Florida. , 1980 Certified State Commercial Swimming Pool Contractor s License # CP C016138 issued by the State of Florida Construction Industry Licensing Board. 1980 Certificate of Competency as a State of Florida Commercial Swimming Pool Contractor issued by the State of Florida Construction Industry Licensing Board. I 1980 Registered State Electrician's License # ER 0007215 issued by the State of Florida Construction Industry Licensing Board. I 1980 Registered State Plumbing Contractor's License # RF 0036662 issued by the State I of Florida Construction Industry Licensing Board. 1982 Certified State Electrical Contractor's License # EC 0000525 issued by the State i of Florida Construction Industry Licensing Board. 1982 Certificate of Competency as a State of Florida Electrical Contractor issued by the i State of Florida Construction Industry Licensing Board. 1988 Professional Engineer's License # PE 39381 issued by the State of Florida 1 Department of Professional Regulation - Board of Professional Engineers. i I I i I I 1 ' Page 2 of 2 STATE OF FLORIDA DEPARTHENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSINQ BOARD 7~0 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-7467 (904} 7~7-6530 ALLOCCO, ANDREw dR INDIAN RIVER CONSTRUCTION SERVICES INC P 0 BOX 780098 SEBASTIAN FL 32978-1045 ~: ~iIJ~'DEPARTMENT 'OF BUS I NESS: AND .'~'"='~ ' PROFESSIONAF:,'R,E(~ULATION '." ~ ..' . -'. ·. ... ~," i,~' . 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'~" ~-~ .~rz.~. , ~,- ~.~ .... ~ ~0. ,.~, .... ., ~.x,. ..... . ....... ~ ~..,.~.~ · ~.~"~"='v~-~..'-~.~'~ ','"' ~. ~ .. ~' '".',, .'~ - . ~ ' ' ~C ER T,I F I ED/~LE~ TEI C AE~C~NTR~C~TC .l' m' ' '' ' I -''~ ..... ,,~ ~., '~a.~,, ., ~-,,- .N ,)f~ ~$. ,~ ,,,r~ .~ .,~,., 'IS CERTIFIED · under~eprowaonsolCh. E~p,,a,~ 0~,; AU~: 31, "2000' ' ...... I DETACH HERE DISPLAY AS REQUIRED BY LAW' '" 'R I'CHARD T. ' FAR'RELL "'" STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSING BOARD 7960 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-74&7 (904) 727-6530 ALLOCCO, ANDREW JR INDIAN RIVER CONSTRUCTION SERVICES INC P 0 BOX 780098 SEBASTIAN FL 32978-0098 l,' STATE 0E F~0RIDA .... AC//' C ER T [ F Z ED?- ~E~ HAN [ C AL~<CONTEAC TOE · .Z ND [ AN ~-'~ [~EE ' C ON~TE UC T Z ON;~SER VI ( IS CERTIFIED "~hde~'~pr°visi°ns°fCh' 48~ F DETACH HERE ,BUSZNESS, AND PROFESS.ONAL REGULATION STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUBTRY LICENSiN~ BOARD (904) 727-6530 79~0 ARLINGTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-7467 I ALLOCCOo ANDREW JR INDIAN RIVER CONSTRUCTION SERVICES P 0 BOX 780098 SEBASTIAN FL 32~78-00~8 INC ~NDREW -INDIAN DETACH HERE ; .' I~A~T,T,R_N..~C.~_~LES_-,!..."~;.;'. _,. ,/, :,:'. ~,..,,, ...... :~,.'.:,'DISPLA¥'A$ REQUIRED BY LAW RICHARD T. FARRELL NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 10/1/95 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH CONSTRUCTION BOARD 3 YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M. THOMAS CECRLE 643 CHESSER AVENUE SEBASTIAN, FLORIDA 32958 589-3130 - H 388-0520 - W REGULAR MEMBER APPOINTED REGULAR MEMBER TO REPLACE MICKEY CAPP: 10/26/94 TERM EXPIRES: 9/30/97 REAPPOINTED: 9/25/97 TERM EXPIRES: 9130/2000 (currently in 2ad fifll term and 5th regular member year) MICHAEL HOLDRIDGE 734 ATLANTUS TERRACE SEBASTIAN, FL 3295g 589-0834 589-4202 ELECTRICAL CONTRACTOR APPOINTED REGULAR TERM TO REPLACE C.NEUBERGER: 10/25/95 TERM EXPIRES: 9/30/98 REAPPOINTED ELECTRICAL CONTRACTOR: 10/14/98 TERM TO EXPIRE: 9/30/2001 (Currently in 2ND full term and 4TH regular member year) JERALD E. SMITH, SR. 9406 126TH AVE FELLSMERE, FL 32948 571-0438 Hom~ 589-6818 Business (currently in 2ND full term and 6th regular member year) APPOINTED UNEXP REG POSITION VACATED BY G. CAREY: 10/28/92 TERM EXPIRES: 9/30/93 REAPPOINTED REG TERM: 11/10/93': TERM EXPIRES: 9/30/96 REAPPOINTED PEG TERM: 12/11/96 TERM EXPIRES: 9/30/99 MICF~iEL HERBIG 1519 CLEARBROOK ST. SEBASTIAN, FL 32958 388-0852 - H 559-3435 - Cell 377-1522 - Page (alternate terms and years not counted) (lst full term - 4th Regular Member Year) 82 APPTED ALT. CONCERNED CITIZEN VACATED BY TRUMAN SMITH: 5/25/94. UNEXPIRED TERM TO EXPIRE: 9/30/95 APPTED REG CONCERNED CITIZEN UNEXPIRED TERM VACATED BY KEITH MILLER: 10/11/95 TERM TO EXPIRE: 9/30/97 APPTD. TO PLUMBING CONTRACTOR REGULAR MEMBER: 9/25/97 TERM TO EXPIRE: 9/30/2000 JOHN F. APPOINTED UNEXPIRED ALTERNATE 2314 KEN ~ CONTRACTOR POSITION VACATED SEBAS,'fIAN, }~)RIDA 32958 BY NICHOLAS MESSINA: 9/I 1/96 589 45 \ TERM TO EXPIRE: 9/30/97 ~;~4 ~, APPTD. PEG ENGINEER: 9/25/97 TERM TO EXPIRE: 9~30~2000 (Al~rna~ tem~ ~ years not counted) (lst ~l ~rm- 1~ ~ar member year) WILLIAM DOYI~ ",.. ~ BUILDING CONTRACTOR POSITION Ii0 LANDOFERDRIVE"~. J REGULAR MEMBER APPTD: 9/25/97 · SEBASTIA~FL 32958 ~ TERM TO EXPIRE: 9/30/2000 (lst ~ term-~ Var member year) LOWS W. ~ APPOINTED ~V CO~CTOR , : 1162 CROQ~ ~ POSI~ON: 10/14/98 " SEBAST~ 32958 TERM TO E~IRE: 9/30/2001 388-5764. (lst full term- Lst regular member year) PIERRE PAQLLgTTE APPOINTED UNEXPIRED ALTERNATE ' 39 TREASLRtEEIRCLE CONCERNED CITIZEN TERM SEBASTIAN, FL 32958 VACATED BY H. SMITH: 12/11/96 589-6976 TERM TO EXPIRE: 9/30/98 REAPPOINTED ALTERNATE coNCERNED CITIZEN: 10/14/98 TERM TO EXPIRE: 9/30/2001 (Alternate temsaM years not counted) lt. SCOTT TAYLOR APPOINTED ALTERNATE CONTRACTOR 117 ARC~ D~ POSITION VACATED BY ~ARNE: 10/14/98 SEBASTIA~ FL 32958 TERM TO EXPIRE: 9/30/2001 589-0123 (HOl~. (~ternate ~ ~ ~ not count~) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 1:3 FAX (561) 589-5570 FEBRUARY 9, 1999 PRESS RELEASE CONSTRUCTION BOARD TI-IE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A BUILDING CONTRACTOR POSITION AND A ENGINEER POSITION ON THE CONSTRUCTION BOARD QUALIFICATIONS; APPLICANTS MUST BE RESIDENTS OF THE CITY OF SEBASTIAN AND LICENSED OR REGISTERED WITH TH]E CiTY. THE CONSTRUCTION BOARD MEETS THE SECOND TUESDAY OF EACH MONTH AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 1225 MAIN STREET, SEBAST/AN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED UNTIL TUESDAY, FEBRUARY 16, 1999. City of Sebastian 1225 Main Street Sebastian, Horida 32958 Telephone (561) 550-55:50 FAX (561) 589-5570 Subject: Planning & Zoning Commission Applicants Department Origin: City Clerk~ ' Date Submitted: 2/17/99 Approved for Submittal b/ye}City Manager For Agenda of: 2/24/99 · thre~ applications, advertisement, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUb/tMARY STATI~MENT The Planning and Zoning Commission currently has two regular member positions open. Mr. Pliska's term expired 2/99 and he is eligible for reappointment and with the resignation of Harry Thomas his unexpired position is also available. RF, COM~ENDED ACTION Interview applicants, unless waived by Council, and appoint as follows: 1. One Regular Member position of Robert Pliska - term to expire 2/2002 2. One Regular Member unexpired term of Harry Thomas - term to expire 6/2000 APPLICATION TO SERVE ON CITY ~OARD/C0~ (All City Board and Committee Members Must be Residents of the Ci~ ~: ~J~. . , BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ,~X~','OUAREOISraU:.DVOTER? ~~ vOTERREa. NO.~/_./~, ~ow ~o~o ~ ~o~ ~..~ ^ ~s~' o~ s,~^s~: ~o ~oo c~~.o~ ^~ ~c o~c~: DO YOU PRESENTLY SERVE ON ANY OTHER C1TY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WiTH FIRST CHOICE BEING #h BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) ~ , ~/'; ..5'cZ,~ ~/ ~,,~, · REAdY'IS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS ORANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ///~.~ - WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? j~,,~ 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 investigal~ the truthfulness of all information which i have provi .d~d in this application. I understand that any misrepresentation or ommission of information requested in this ' application is cause for disqualification. I have been provided with, mad and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information r~lafive to a specific board or committ~ is available if requested. me this day of j ] , by who is personally known to me,~r has produced as identification. APPLICATION TO SERVE ON CITY BOARD/COMMITT~.~ (All City Board and Committee Members Must be Residents of the City of Sebastian) HOMEADDKESS: ~' .l d C,~ n e '~ ~ ._~./ ,/ e HOME PHONE: .~oo9- 2 o .7 9 HOME FAX: E-MAIL: BUS.SS: /¢-/,'.,' BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: ARE YOU A REGISTERED VOTER? HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /I/o VOTER REG. NO. DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ,4/o PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETlREMFNT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary). REASONS FOR WAI~rlNG TO SERVE ON BOAKD OR COMMITTEE: - . ,. ~ YOU ~K BE~ CO~ICTED OF A~ FELO~ ~ T~S OK A~ STA~? ~ WO~D YOU CONS~EK SEK~G ON A BO~ O~K ~ T~ O~(S) SELECTED I hereby ~ ~at I ~ qua~ to hold ~e posidon fo~ w~ ~ ~pplicafion is m~. F~er, I hereby au~od~ ~ CiW of Seb~ to ~v~tiga~ ~e ~~ of ~1 ~o~ation w~ch I have provid~ ~ ~s application ~ came for ~sq~l~cation. I haw b~ pm~d~ ~ ~ ~d md~d CiW of Seb~fi~ C~e of Or~ S~tio~ 2-166 ~ou~ Subscfib~.~d ~om to befo. me ~s ~~ ~ of ~~ . '~'~, ~y APPLICATION TO SERVE ON CITY BOARD/COM]MLITTE. I~ ,OM~ PHO~: ggp- 77~ HOME FAX: -- E.~: __ BUS.SS: BUS.ESS ~D~SS:-- BUS.ESS PHO~: ~ BUS.ESS FAX: '" E-~: ' YOU P~S~Y SERVE ON ~ OT~R CITY BOA~ OR CO~~E7 ~c~ so~s~co~~s~ so~ o~s~ . . co~e ~o~c~ so~ CONS~UC~ON BOA~ ~ICAPPED SELF-EV~UA~ON COM~EE ~ P~G ~ ZO~G CO~SSION . POLICE ~M~ BO~ OF TRUSTEES · I APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if nec¢.~sary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: I hereby ~ ~at I ~ qualifi~ to hold ~ position for ~ch ~s application is m~e. F~er, I h~by app~cation. I ~d~d ~at ~ ~s~p~en~fion or o~ssion of ~o~ation ~qu~ ~ ~s ' application is 2-173 (~h~). ~o~fion BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 2/I/99 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH PLANNING ~ ZONING COMMISSION MEETS 1ST AND 3RD THIJRSDAY OIF EACH MOI~FH - 7:00 P.M. SCOTT D. MATI-IIS APPOINTED TO REGULAR MEMBER 761 WENTWORTH STREET POSITION VACATED BY HERBERT SEBASTIAN, FLORIDA 32958 MUNS~T: l 1/l 8/98 589-2205 TERM TO EXPIRE; I I/l/2001 (Curr~fly no full tam and 1st regular n~mber year) 654 BALBOA STREET ~ MEMB~SITION: 8/13/97 SEBASTIAN, FLORIDA 32958 ~ ~ TO EXPIRE: 6/I/2000 s ' To UN' n D ' 59 BLUE I~LAND STREET TERM OF 2ND ALTERNATE: 11/93 SEBASTIAN, FLORIDA 3295g TERM TO EXPIRE: 1/96 $81-0793 APPOI2qTED TO 1ST ALTERNATE , 231-2533 OVORK) VACATED BY MIJNSART TrnRM TO EXP~: 11/95 APPOINTED REG 1V~'~IBBR :6/95 · 'rF_JlM TO EXPIRE: 6/98 · APPOiNTE~ REGULAR ME~ER: 6/98 TERM TO EXPIRE: 6/2001 (2ND FULL ~ - 4TH REGULAR MEMBER YEAR) I 1742 STARFISH LANE SEBASTIAN, FL 32958 589-3516 (lst full term - 34 t~ndar member year) APPOINTED TO UNEXP. ALTERNATE POS1TION VACATED BY SCHULKE TERM TO EXPl]LE: 1/96 APPOINTED TO UNEXP. REGULAR MEMBER POSITION VACATED BY HOWARD GOLDSTEIN: 11/95 TERM TO EXPIRE: 4/96 REAPPO[N'rED TO REGULAR MEMBER POSITION: 5/96 TERM TO EXPIRE: 4/99 ROBERT J. PLi~ - APPOINTEDTO~~D 1590 DEWITT LANE ~ POSITION T~KEPMCE JEAN SEBASTIAlq, FLORIDA 3295~...~ B~ 11/95 589-7799 ~ ~ TO EXP~: 1/96 MEMBER POSITION: 3/13196 ~TERM TO EXPIRE: 2/99 ( 1st full term 3~ P,~.~gular ~~t} ~ KELLY J. MATHER 733 N. FISCHER CIRCLE SEBASTIAN, FLORIDA 32958 589-6287 (lst full term - 3rd re~lar member year) APPOINTED TO NEXPIRED KEGULAR, MElVfl3~ POSITION VACATED BY W.BARNES: 3/13/96 TERM TO EXPIRE: 11/96 REAPPOI3FrED TO KEGULAK MEMBER POSITION: 11/20/96 TERM TO EXPIRE: 11/1/99 CHARLES C. BARRErT, JR_ 357 TUNISON LANE SEBASTIAN, FLORIDA 32958 589-7755 APPOn~TED UNEXPmED REGULAR MEMBER POSITION VACATED BY CARL FISCH]3P,: 1/27/99 TERM TO EXPIRE: 5/1999 (NO FULL TERM - IST REGULAR MEIvIBER YEAR) WILLIAM MAHONEY 207 DEl,AWAKE AVENUE SEBASTIAN, FLORIDA 32958 589-824 APPOINTED TO ALTERNATE MEMBER POSITION VACATED BY SHIRLEY K/LKELLY: 1 I/18/98 TERM TO EXPIRE: 11/1/2001 (Alternate terms and yeats not counted) 87 I\ WILLIAM EVELY 1426 BARBER STREET SEBASTIAN, FLORIDA 32958 581-0972 APPOINTED TO ALTERNATE MEMBER POSITION VACATED BY KEVIN MACWILLIAM: 1/27/99 TERM TO EXPIRE: 1/2002 (Alt~nat~ t~rrns and years not counted) STAFF LIAISON ~ GROWTH MANAGEMENT DIRECTOR 88 City of Sebastian ' 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 JAaNUARY 29, 1999 PRESS RELEASE PLANNING AND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FELL TWO REGULAR 1V[EM~ER POSITIONS ON TI~ PLANNING AND ZONING COM3/ESSION. QUALIFICATIONS: ALL APPLIcANTs MUST BE A RESIDENT OF THE CITY OF SEBASTIAN. THE PLANNING AaWD ZONING COMMISSION MEETS THE FIRST AND TH]I~ THURSDAY OF EACH MONTH AT 7:00 P.M. iN THE CITY COUNCIL CHAMBERS, CITY HALL, 1225 MAiN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, BETWEEN TI{E HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED UNTIL FRIDAY, FEBRUARY 12, 1999.' City of Sebastian, Florida Subject: Request by Sebastian Volunteer Fire Department and Rescue Squad to Release the Reverter Clauses on Deeds to Fire and Rescue Stations Approved for Submittal by: Agenda No. Department Origin: City Manager Date Submitted: February 17, 1999 For Agenda of: February 24, 1999 Exhibits: ,) Letter From Sebastian Volunteer Fire Department and Rescue Squad * Copies of Deeds with Reverter Clause Expenditure Required: I Amount Budgeted: [ Appropriation Required: N/A I N/A ~ N/A SUblMARY Currently two properties within the City of Sebastian are occupied and utilized by Indian River' County for fire and ambulance services. One is located at 1601 U.S. 1 (Station 20) and 1115 Barber Street (Station 70). The Fire and Rescue Squad desires to sell these sites to Indian River County. Currently, the deeds to the Fire and Rescue Squad from the City of Sebastian have reverter clauses, such that if the properties ceased to be used for the purpose of fire and rescue, the properties would revert back to the City of Sebastian. In order to transfer the properties to the County, the rifles need to be clear and the Fire and Rescue Squad has requested the City release the reverter clauses. Since this matter was earlier considered by the Council when the station on Barber was being considered for expansion to accommodate an ambulance, there was a discussion relative to requiring the County to transfer ownership of the Filbert Street Utility site back to the City. In a recent conversation between the former city manager and James Chandler, County Administrator, it was agreed that the County was agreeable to transferring the ownership of the Filbert Street property to the City in exchange for clear title on the deeds from the Fire and Rescue Squad to the Indian river County. RECOMMENDED ACTiON Approve the removal of the reverter clauses subject to mechanics of the details of such action being agreed to and worked out by the City Attorney and the County Attorney, and authorizing the Mayor to execute the appropriate instruments as prepared by the City Attorney .,~..~%~m~ P.O. BOX 780539 SEBASTIAN. FLO RIDA 32978~53/ ..... 9 · HO7) 589-1617 ~ ~ SERVi#. ALL OF #ORTH INDIAN RIVER COUNTY VOLUNTARILY February 10, Interim City M~nager (! R, 1225 Main Street ~% "'~a~r% Sebastian, Florida 32958 ~ ce Dear Interim Sity Manager: ~Sr~~ The Sebastian Volunteer Fire Department and Rescue Squ~d respectfully requests to be added to the Sebastian City Council Regular Meeting agenda for February 24, 1999. This request is' to seek Council approval for the following item: The Sebastian' Volunteer Fire qepartment and Rescue Squ~d negotiating the sale of our. Station 20 (1604 USl) and Station 70 (1115 Barber Street) to indian R~ver County. ~e sale will allow planned building improvements which will enhance the ~S and Fire response in the City of Sebastian. . In order to complete the sale of both stations, we m~st hav~ a clear deed to the property. ~ile no debts are associated with either property, reverter clauses do exist. The reverter clauses on both deeds state that s~ould the Sebastian Volunteer. Fire Department cease as a c~rporat[on or cease to use the properties.aS emergency resPonse stat[on~, t~e ~roperties will revert to the Clty of Sebastian. Therefore, it Is impossible to provide clear deeds to Indian River County. . . The Sebastian Volunteer .Fire Department and Rescue Squad respectfully requests ~he Cxt~ of Sebastian release all interests in Station 20 and Station 70 {n order to allow.the ~ale to Indian River County. This request will be null and void if the sale to Indian River County is not executed. I will be in attendance at the Council ~eet[ng to further ~xplain this agenda item and to answer any~est[ons from the Council. It is imperative that. this item be considered .at the February 24, 1999, Council Meeting in order for Indian River County bullding modifications to remain on schedule. attachments I i I i I I I i i I :1 I I i I I I CITY OF S~:~ASTIAN ,~.j,o,o.~. ~...,,....I.. I~,. Io.,, ,4 rkori~a .'~,,,I I,.,,,,,]~ .. j,,,,., ,.:,l j,&.'~ I,u,,,,.,, el PuuL Of[iCa 8o:: 12'I, S.bila~iail, Flor(th3 32U58 SEBASTIAN VOLUNT~ Yll'f~ BIiI'AIi'I'II~:NT AND I'iE~CUE S~UAD, l'.O. Box 539, S~ba~tlon. Florida }IQJHI Illl~ Ii~ I~i Ilil,{ II','U/I~ pqrly. Jl,v r,.*'*.*pl ~./t...,u/ ii i~u.,j,y ~, ~,,-wl,.,lll*.d. ~uv, I,,.,,.hy /PflliIP. II,.i,.,d/;,,I ~0.~ ~.. i. *,,d I* I~. I,dl..,i,,. ,l.,~.~,l,.d {,d. },i*~'. u. I,u,,',.I u[I,,,,,L .{,.,{,.. ly.,. nmi I~, Co,,,,~ oJ ~ndinn River S,,,f,. ul Fin=ida . h, A portio~ of Tract 'F", Block 20li, SEBASTIAN II1GHLAHDS, rocorda of Indian River County, Florida; and more fully du~crib~d a~ fol~owsi Tulip Drive (formerly Roue Arbor. Drive), run No~th 34° ~ ,. . 20'20' West, a distancu o~ 4~ laut~ thence run ~outn 55 ~ 'k · 39'40' Wont a diatance of 50 ~uo% ~o tho cr,~L-..; beginning, nE th~ horeil.~ d~ic~lOud parrot, thence ~o %~{~,%' cohti~ue Sou~h 55e 39'40 Wus~ a distance O~ 20U.71 ~ feat; thence North 55~39 40. Ea~. a ~tanco of 208.71 ~ feet; thence South 34-20'20 ~aa~, a d[stancQ of 200.71 ~ feet tu the point of bu~inning, containing une acre ~o~u or 1uss. See Attachmon~ A regarding right~ of revQr~e= which At~ac~en~ is made a part hereof. t ~ ' /. '/ . STair tJf Plorlda (~UNTY O~ Indinn River Jl~ Gallagher . .. ~W~/r "&', ':~' '"~" m related (ac~/tt ~eo te~ated facilities, then th~ ~and and prem~seu shall ~evu~t to tho City o~ Sebastian, a munLc~pal corpocat~a, at the SLate o~ Florida. m , Grantee '~n accepting this conva~anc~ m~a~ net attempt to convo~, mortgage, pledge, or ~hafw~ao m ' encumba: the oa~d p~ope~ty vlthout the express 'p~or app~ova~ o~ the C~y o~ Sebastian. · and aay a~emp~ ~o c=nveT, m moFtgage, pledge o~ otherwise encumba~ the aa~d operate as an automatic reverter to ~he C~ty oE Sebastian, m Flag,da, a municipal corporation oE th~ ~t,a~e ~/. i,' I~".} m ' _~ LEIIOY PARKHURS~ m STATg OF ~LORZDA COUNT~O. INDIAN RZVB~ · "' /': au[horized in tho State and County aforesaid [o take acknowledgements, President and N~y ~wt~gZe ~pe~t~eZy ~f the co~pora[~On n~ed as first party ~n tho tore~o~ng noes. and t~at they severally acknow- ledged e~ecuC~ng th~.same.~n the. pr~sen~o.o~ ~o corporation and ~ha[ ~e seal affixed ~bere[o Is ~he true co~9ora[a ,seal of aa~d co=po~atLon. m WITNE~ my hand a~[~f[icial seal i,; the County and Sta~e last aforesaid thin i,~ day of April, /i.985. ,[/ - I.Iy co~tt~3 [~n o~tp~res s . *., i i i I i i I i i I I I I I I I I I "~ '{his Sp,ial ~arranl~ 3,d ~.~.,/i. /7~g ~. Ct ~ eA a. ~. ,o o~ THE CITY OF SEBASTIAN, FLORIDA, a Florida Municipal Corporation, SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD, INC.. a not. for profit Florida Corporation ~Ao~,,os~oH~c,m;J,,,~ P.O. Box 780539, Sebastian, Florida 32978-0539 ~illltsstlh: ~';,., ~,. ,,....o,. lo, .,.d ~,. ~o,.,,d.,.,,.,..f ,,. ,.. of s 10.00 a.~ ..h., mi~.~, re'autos, conuey~ a,.( conJlrms u.lo i/i. granle., .l~ tlta~ c.rtah, land ~tl..~. In I~diafl River Courtly, [:Jorida, ulz: ( See Exhibit "A" attached hereto and made a part hereof. ~y, l/iroug/i or under l/ia said granlor. ]n ~ilniss ~h--f, ,/i..a,d I~ran,or /ia. hereun/~ sol /tan./and seal l/ia ~a). and ).ear THE CITY OF SEBASTIAN, FLORIDA, a Fl~9 Mug~i~,~r~orat~.~ ....... L.~~..~..~._Y~~ ........... ~ BY~ RICHARD B. VOTO~KA, May~ ;..';~v:~? ,.'.STATE OF,FLOgIDA, ' 'iii'.. . r.,, : .."..' ' Fs'r,' ....... , I ][EKEBY CERTIFY that ga ~;S d~y, before me, an ."..officer 'dulr'authorized in the State i[oretaid and Iff the County aforesaid, to take acknowledgments, perMnally appeared "~ .~'.R~H~D B':' VOTOPKA. Mayor of THE CITY OF SEBASTIAN, FLORIDA, '."~A:Florida Municipal CorRoration '{e me ~nown ~o ~ lhe ~erson de~Hbc~ ia andwhp execulea ~he [ore~oi~ m~trume~ and ~e WZ~NESS my h~nd ~nd offlcJ.I K.I in the ~unty .nd S~.~e lut .(or.~i~ ~hi~ d~y · 'P.O. l~rj,,: encin at the SE corner of the' ntersection of New U Highway No. 1 and 9th Street, City of Sebastian, Florida, run South 9 57* 30'* East along the East right-of-way line of New U.S. Highway No. i a distance of 885.13 feet to the point of beginning~ thence continue South 9 57' 30** East along said East right-of-way line of New U.S. Highway No. i a distance of 150 feet~ thence run South 88 06' East on a line parallel with 9th Street a distance of 98.84 feet to the West right-of-way line of North Central Avenue~ thence run North along the West right-of- way line of North Central Avenue a distance of 146.88 feet~ thence run North 88 06* West on a line parallel with 9th Street a distance of 124.79 feet to-the point of beginning~ all being a portion of Section 30 of Fleming Grant as shown on a certain map of Wauregan of Fleming Grant made by S.B. Carter a4~d filed in the land records of Brevard County, Florida~ said land now lying and being in Indian River County, Florida. . This property shall be s~b]ect to the following= Subject to all easements,' restrictions, reservations, dedications and rights-of-way of record... Subject to zoning regulations of Indian River County, Florida and the City of Sebastian, Florida. Subject to taxes and assessments accruing subsequent to December 31, 1988. , Subject to the following reverter clause: If and when the said Sebastian Volunteer Fire Department and Rescue Squad, Inc., shall be dissolved, voluntarily or involuntarily, or the facilities on the said property shall not be used primarily for fire and rescue purposes, then sai~ property and all improvements thereon shall revert to the City of Sebastian. - If the City of Sebastian, Florida, should take any formal action, in any attempt to cause an involuntary dissolution of the Sebastian Volunteer Fire Department and Rescue Squad, Inc., or any successor corporation, then the subject property shall not revert to the City of Sebastian. No other governmental agency shall be allowed to encumber the property without the approval of the City of Sebastian and the Sebastian Volunteer Fire Department and Rescue Squad, Inc. In the event the Sebastian Volunteer Fire Department and Rescue Squad, Inc., attempts to obtain financing from an institutional lender for the purpose of promoting the valid objectives of the fire and rescue squad, the City of Sebastian shall not obstruct such attempts and in conjunction therewith, would agree to subordinate its reverter rights to the lien of said. institutional loan. . THE CITY OF SEBASTIAN, FLORIDA, a Florida Municipal Corporation SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD. INC., a not ~or3~o~it .Elorida Corporation ~ .,.., p.~,,HIc~ .dar.,. i, P.O. Box 780539, Sebastian, Florida 329'78-0539 mlses. ~l~ses. conveys att~ ~n[lrms ,nlo t]~e granlee. ,11 dmt certain land zi~uale tn Indian See Exhibit "A" attache~ hereto and made a part hereof. ~s is a cor=~ti~ d~ent to correct a schri~ner's error on that certain instr~nt recorded in ~ 826~ Page 1878 of t~ Public Records of Indian Ri~r ~nty~ Florida. ~y. IAmugA or under iii. tai~ grantor. Slg~,eale~ and deli[.ered tn o~ PreSence: THE CITY OF ~EBASTIAN, FLORIDA BY; RICHARD B. VOT~PKA, Mayor ,8T~T8 OF COUNTY OF Indian Rive~ I HEREBY CERTIFY that on this d,y, bdote me, an officer duly authori~ in the S~e sfor~id and in the County afor~M, to takg acknowled[mentt~ ~rmnnlly appe~ed RECHARD B. VO~PKA, Nayor o~ the Ctky o~ Sebaaktan, Florida, ~ o~i M t al r ':,. :..:.~,~ .'... ..... ~ ............... ' ' ~ly Coqtml;nion Eypirit ~, I0~ '1920 · EXHIBIT "A" . t/. ."' %.. Commencing at the SE corner of the int~rsection of New U.S. Highway No. i and 9th Street, City of Sebastian, Florida, run South 9 57' 30" East along the East right-of-way line of New U.S. Highway No. i a distance of 885.13 feet to the point of beginning; thence continue South 9 57' 30" East along said East right-of-way line of New U.S. Highway No. i a distance of 150 feet; thence run South 88 06' East on a line parallel with 9th Street a distance of 98.84 feet to the West right-of-way· line of North Central Avenue; thence run North along theWest right-of- way line of North Central Avenue a distance of 146.88 feet; thence run North 88 06' West on a line parallel with 9th street a distance of 124.79 feet to the point of beginning; all being a portion of Section 30 of Fleming Grant as shown on a certain map of Wauregan of F~eming Grant made by S.B. Carter land records of Brevard County, Florida; said land now lying and being in Indian River county, Florida. This property shall be subject to the following: Subject to all easements,-restrictions, reservations, dedications and rights-of-way of record. Subject to zoning regulations of Indian River county, Florida and the city of Sebastian, Florida. Subject to taxes and assessments accruing subsequent to December 31, 1988. · Subject to the following reverter clause: If and when the said Sebastian Volunteer Fire Department and Rescue Squad, Inc., shall be dissolved, voluntarily or involuntarily, or the facilities on the said property shall not be used primarily for fire and rescue purposes, then sai~ property and all improvements thereon shall revert to the City of Sebastian. ' ' If the City of Sebastian, Florida, should take any formal action, in any attempt to cause an involuntary dissolution of the Sebastian Volunteer Fire Department and Rescue Squad, Inc., or any successor corporation, then the subject property shall not revert to the City of Sebastian. No other governmental agency shall b~ allowed to encumber the property without the approval of the city of Sebastian and the Sebastian Volunteer Fire Department and Rescue Squad, Inc. In the event the Sebastian Volunteer Fire Department and Rescue Squad, Inc., attempts to obtain financing from an institutional ' lender for the purpose of promoting the valid objectives of the fire and rescue squad, the City of Sebastian shall not obstruct such attempts and in conjunction therewith, would agree to subordinate its reverter rights to the lien of said institutional loan. O.R. 826 PG ' 1879 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 FAX (561) 589-5570 Subject: Job Description for Purchasing & Contract Administrator/Assistant to the City Manager Approved for Submittal by: City Manager Thomas W. Frame Agenda No. ~--~-~ Department Origin: Hulnan Resources Date Submitted: February 3, 1999 For Agenda of: February _~_,,1999 Exhibits: "A" Purchasing & Contract Administrator / Assistant to the City Manager EXPENDITURE Amount Budgeted: APPROPRIATION REQUIRED: $ $Currently Budgeted REQUIRED: ~UMMARY STATEMENT The City Council has already approved the position of Assistant to the City Manager/Purchasing Agent. The current job description was never adopted by resolution. This is a request to adopt the new job description of Purchasing & Contract Administrator/Assistant to the City Manager. RI~COMMENDATION Move to adopt Resolution No. 11.-99-09, approving a job description for Purchasing & Contract Administrator/Assistant to the City Manager. I i I I I I RESOLUTION NO. R-99-09 A RESOLUTION OF TIlE CITY OF SEBASTIAN, ENDIAN RIVER I COUNTY, FLORIDA, ADOPTENG A JOB DESCRIPTION FOR THE POSITION OF PURCHASING & CONTRACT ADMINISTRATOR/ASSISTANT TO CITY MANAGER; PROVIDING FOR I INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the job description of Purchasing & Contract Administrator/Assistant to City Manager will replace the current job description of Assistant to the City Manager/Purchasing Agent I which was never adopted by resolution. NOW TI4_EREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian I River County, Florida, as follows: I SECTION 1. The job description for the classification,,of,~urchasing & Contract Administrator / Assistant to City Manager as attached hereto as Exhibit A is hereby adopted. I SECTION 2. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council, City Manager and all department heads for inclusion in the i Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. I SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effective immediately upon its adoption. I I The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmemeber Louise R. Cartwright Councilmember Larry Paul Councilmember Chuck .Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this ,1997. Day of CITY OF SEBASTIAN, FLOKIDA ATTEST: By: Ruth Sullivan, Mayor Kathryn M O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Richard Stringer, City Attorney ~EXHIBIT A" POSITION DESCRIPTION Class Title: Purchasing & Contract Administrator / Assistant to the City Manager Department: CITY MANAGER Grade Number: Division: Union: EXEMPT Date: 02/10/99 Location: GENERAL PURPOSE Under direction of the City Manager, plans, organizes and supervises the procurement activities of the City, performs difficult professional work regarding research, analysis and development of contracts to procure equipment, supplies and services for the City; and.performs related work as required. Acts as Professional liaison and assist in administrative functions including receiving requests and complaints from the public. SUPERVISION RECEIVED Works under the general guidance and direction of the City Manager. SUPERVISION EXERCISED None ESSENTIAL DUTIES AND RESPONSIBILITIES Plans, organizes, directs and reviews all functions relating directly to the purchase of equipment, supplies and services for the City. Develops and writes standardized and specialized bid specifications through researching and analyzing information to determine product and/or service need and availability; Researches, examines and analyzes bid proposals, requests for proposals, and prepares recommendations to City Manager and City Council regarding awarding of bids; Confers with department head and other employees to establish specific descriptions of requested goods or services; Consults and confers with vendors to obtain and provide market information to departments; Establishes procedures to receive and disperse all stock and other items to requisitioning departments; Purchasi~ & Con~actAdminis~ato~ I Assistantto ~eCity Manager [ J/ Recommends disposal of surplus City equipment, supplies and material; Supervises, evaluates and provides training for subordinate personnel; Assists in the preparation and administration of the City's purchasing budget; Confers with City Attorney in reference to contracts; Administer policies and procedures to ensure municipal compliance to related laws and ordinances; Establish standards to ensure the effective administration of contracts and purchases; Approves purchase requisitions, purchase orders, and invoices for payment; DESIRED MINI~Ir~ QUALIFICATIONS O~alifications: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and ExDeri~c~: Graduation from a four year college or university including courses in business administration, public administration, accounting, business law, basic computer science or related field. Education may be substituted by additional experience in contract purchasing on a two years of experience for each year of education basis. Four years of experience in contract purchasing of a variety of material, services and equipment. Must demonstrate solid organizational, management, and negotiating skills, principles and methods. Necessary FJ%Ow%ed~e~ Ski~s and A~k%ities: Methods, procedures and systems purchasing; used in governmental Legal aspects of government contracts, contract services and bidding and procurement procedures; Construction methods, materials, and services; Basic computer applications; Purchasing & Contract Administrator Assistant to the City Manager Prepare clean and concise reports; Prepare bid specifications and write contracts; Develop procurement procedures and programs which will result in most efficient use of City funds; Understand and carry out oral and written instructions; Establish and maintain effective working relationship with employees, vendors, and others; SPECIAL REQUIREMENTS Computer literate and have a valid State driver's license. TOOLS AND EQUIPMENT USED Personal computer, including word processing calculator; copy and fax machine; phone. software; PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the empl.oyee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands to finger, handle, feel or operate objects, and reach with hands and arms. The employee must frequently lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Purchasing & Contract Administrato~2:~/ Assistant to the City Manager While performing the duties of this job, the employee generally is indoors in an office environment; occasionally works outside. The noise level in the work environment is usually quiet while in the office. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change'by the employer as the needs of the employer and requirements of the job change. Effective Date: Resolution Number: Revision History: 4 Purchasing & Contract Administrator Assistant to the City Manager POSITION DESCRIPTION Class Title: Asst. to the City Manager Job Code Number: Department: CITY MANAGER Grade Number: 29 EXEMPT Division: Union: NO Date: 10/01/95 Location: GENERAL PURPOSE Responsible to the City Manager for purchasing and inventory control systems, bid preparation and advertising, monitoring grant programs and performing other related tasks as assigned by the City Manager. SUPERVISION RECEIVED: Works under the general supervision of the City Manager. SUPERVISION EXERCISED None. ESSENTIAL DUTIES A~D RESPONSIBILITIES Handles complaints that are received by the City Manager; returns calls, gather information, determines if there is a problem and makes recommendations to the City Manager. Reviews requisitions and invoices; makes sure item is within budget and followed proper procedures; Confers with vendors to obtain product or service information such as price, availability, and delivery schedule. and a system for inventory control; conducts H~dles maintains /~mi-annual inventory review. Prepares purchase orders or bid specifications for purchasing and construction projects. Reviews bid proposals and negotiates contracts within budgetary limitations and scope of authority. Maintains procurement records such as items or services purchased, costs, delivery, product quality or performance, and inventories. Approves invoices for payment. Ex~_edites delivery of goods to users. Maintains a variety of material, supply, equipment, and other lists of items required by the City; maintains lists of vendors supplying said items. Prepares bid documents, including calls for bid, general conditions, specifications, adver~isemen[s, etc. for purchases requiring formal bidding procedures. Purchases supplies, machinery, equipment, tools, raw materials, Darts, services and supplies necessary for the operation of the various departments; charges purchases to appropriate department. Identifies purchase order number for authorized purchases and calls all local suppliers to authorize annual purchasing accounts. Checks all invoices to insure correct price, follows-through to insure that materials ordered have been received and examines condition of materials received. Supervises inventory and supply room operations and assures that proper inventories are maintained. KeePs records pertaining to items purchased, costs, delivery and prepares monthly reports. ' PERIPHERAL DUTIES ' May serve as a member of various employee committees. DESIRED MINIMUM QUALIFICATIONS Education and Experience: ~ (A) Graduation from a two-year college in accounting, finance, business administration, public administration or related degree, purchasing degree preferred; and (B) Three (3) years of experience in a purchasing office of a local unit of government; or ' (C) Any equivalent combination of education and experience. Necessary Knowledge, Skills and Abilities: (A) Considerable knowledge of purchasing methods and procedures; . working knowledge of general accounting procedures; working knowledge of the laws and ordinances governing municipal purchasing.' (B) Skill in the operation of list@d tools and equipment; (C) Ability to analyze and process purchasing requisitions and vouchers and make purchasing decisions accordingly; ability to maintain complex purchasing and inventory records; ability to establish and maintain effective working relationships with employees, other departments, vendors and the public; ability to communicate effectivezy, orally and in writing. SPECIAL REQUIREMENTS Valid State Driver's license or ability to obtain one and must be computer literate. TOOLS AND EQUIPMENT USED Personal commuter, including word processing, spreadsheet and 10-key calculator, phone, copy machine, fax sof~ware; database machine. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently rec/uired to sit and talk or hear. The employee is occasionally required to walk; use hands to operate, finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderately quiet. . SELECTION GUIDELINES . Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement employer and employee and is subject to change by the between the employer as the needs of the employer and requirements of the job change. Approval: Approval: Supervisor Appointing Authority Effective Date: 10/01/95 Revision History: i City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 (561) 589-5330 (561) 589-5570 TELEPHONE FAX Subject: New Job Description Police Records Supervisor Approved for Submittal by: City Manager Agenda No. ¢;Y~'~3 7 Department Origin: Human Resources Date Submitted: February 3, 1999 For Agenda of: Fvb. r~ary ~,~ 1999 Exhibits: 1 (A)- Resolution R-99-10 SUMMARY STATEMENT This transmittal is to request Council's approval to adopt the position description of Police Records Supervisor without adding additional staff. No description has been adopted by resolution for this position. Exhibit "A" is the description under consideration for adoption. This position would be at the existing pay grade of 25 which curremly has a minimum pay grade of$11.34 to a maximum pay grade of $14.38 The existing supervisors in other departments are classified at the pay grade of 25. The new position description will supersede and replace the current position of Administrative Secretary which at the pay grade of 18 currently pays a minimum of $9.22 to a maximum orS11.69. The existing job of Administrative Secretary requires the employee to perform evaluations, supervises 3 employees, deals directly with sealing and expunging arrests or correcting data, and has extensive responsibility dealing with other agencies. These duties are not described in the job description of Administrative Secretary. In accordance with Section 2-4 of the Code of Ordinances, all position descriptions shall be adopted by Resolution. RECOMMENDATION Move to adopt Resolution No. R-99-10, reclassifying the position of Administrative Secretary, currently at the pay grade of 18, and approving position description of Police Records Supervisor at the pay grade of 25. i I I I i RESOLUTION NO, R-99-10 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER I COUNTY, FLORIDA, ADOPTING A POSITION DESCRIPTION FOR THE JOB OF POLICE RECORDS SUPERVISOR; PROVIDING FOR iNCLUSION OF SUCH POSITION DESCRIPTIONS IN THE CITY OF i SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING ]FOR REPEAL OF RESOLUTIONS OR PARTS O]F RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE I DATE. WHEREAS, the City Manager has determined that the City has a need £or a Police Records I Supervisor. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, I Indian River County, Florida, as follows: . i SECT[ON 1. The position description for the Police Records Supervisor is attached hereto ,- as Exhibit A is hereby adopted. I SECTION 2. The City Clerk is hereby directed to supply a copy of the position description to the Mayor and members of the City Council, City Manager, and all department heads for inclusion i in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said position description. I SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby i repealed. SECTION 4. This Resolution shall take effect immediately upon its adoption. · iThe foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, I the vote follows: was as , I Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1999. CITY OF SEBASTIAN, FLORIDA 13y: Ruth Sullivan, Mayor ATTEST: ' Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Richard Stringer, City Attorney "EXHIBIT A" ~ Class Title: POLICE RECORDS SUPERVISOR Resolution Number: R-99-10 Department: POLICE Division: Records FLSA Status:Pay Grade 25 Union: CWA Date Prepared: 02/10/99 __Approved ~ate: SUMMARY. Under direction, the purpose of the position is to supervise and coordinate activities for assigned sections of the City of Sebastian Police Department Records Bureau. Sections of responsibility include, but are not necessarily limited to, FCIC/NCIC system entry, arrest history, records counter work for public and law enforcement personnel,' injunction orders, receiving desk, juvenile desk, and Uniform Crime Reporting. Employees in this classification assist in all areas under charge as needed, and are responsible for responding to complex and non-routine issues unable to be resolved by unit personnel under charge. Performs related work as directed. ESSENTIAL DUTIES AND RESPONSIBILITIES: include the following. Other related work may be assigned as needed. ' · Provides direct supervision and coordination for assigned records functions under charge; provides training and assistance to unit personnel as needed. · Supervises receipt, classification, and entry of reports and record data in compliance with State Department of Law Enforcement prescribed procedures and guidelines. · Researches and responds to complex and non-routine issues unable to be resolved by unit personnel under charge, i.e., locating records, reports, and other specified data, to include accessing archived data when required. · Supervises receipt of court orders, verifies such for accuracy and completeness, and' ensures compliance with court order requests concerning sealing,/expunging arrests or correcting data. · Oversees operation of unit automated records system in the entering, modifying, canceling, and validating of missing persons, stolen items, and other system data. ® Ensures the preparation of daily mailings for a wide range of requested items, i.e., background checks, accident reports, incident reports, affidavits, defendant jackets, arrest bookings. · Supervises the counter functions of responding to in-person public requests in compliance with guidelines of Chapter 119, and in responding to law enforcement and outside agency requests for records and F.S. related data. Has charge of and operates the network server for the local area network (LAN System) within the Police Department. Oversees administrative support duties relating to data management, i.e., compiling hard copy, answering telephone inquiries, filing documentation, making required copies, transmitting information to proper recipients. Supervises the processing of civil injunctions, misdemeanors, and arrest histories as applicable to section of assignment. Supervises processing of requests from fingerprint and booking units as applicable to section of assignment. The list of essential functions, as outlined herein, is intended to be representative of the tasks performed within this classification. It is not necessarily descriptive of any one position in the class. The omission of an essential function does not preclude management from assigning duties not listed herein if such functions are a logical assignment to the position. MARGINAL While the following tasks are necessary for the work of the unit, they are not an essential part of the purpose of this position and may also be performed by other unit members. Performs related duties as directed. MINIMUM TRA~ING AND EXPERIENCE High school diploma or GED supplemented by a minimum of three (3) years progressively responsible lead worker or supervisory experience in the records function to include the receipt, processing and retrieval of records for a small to moderate scale governmental or law enforcement agency; or an equivalent combination of education, training, and experience. SPECIAA FCIC/NCiC certification as a terminal operator must be maintained while serving in this position. PERFORMA~E APTITUD~ Data Utiliz~bio~: Requires the ability to evaluate, audit', deduce, and/or assess data and/or information using established criteria. Includes exercise of discretion in determining actual or probable consequences, and in referencing such evaluation to identify and select alternatives. HB~a~ Interaction: Requires the ability to effectively function in a supervisory capacity for a group of workers. Includes the ability to make decisions on procedural and technical levels. Equipment. Machinery, Tools. and Materials Utilization: Requires the ability to operate and control the actions of equipment, automated systems and/or materials requiring complex and rapid adjustments. Verbal Aptitude: Requires the ability to utili~.e a wide variety of reference, descriptive, and/or advisory data and information. Mathema~al Aptitude: Requires the ability to perform addition, subtraction, multiplication and division. Fun¢~iQDal Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership. Ability to exercise independent judgment to apply facts and principles for developing approaches and techniques to problem resolution. Situational Reasoning: Requires the ability to exercise the judgment, decisiveness and creativity required in situations involving evaluation of information against measurable or verifiable criteria. ADA COMPLIA~ Physical A~il~tx: Tasks involve the ability to exert light physical effort in sedentary to light work, but which may invOlve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (25 pounds). $~nSQry Requirements: Some tasks require visual perception and discrimination. Tasks require oral communications ability. Environmental Factors: Tasks are regularly performed without exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise extremes, machinery, vibrations, electric currents, traffic hazards, animals/wildlife, toxic/poisonous agents, violence, disease, or pathogenic substances. The City or Sebastian is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City of Sebastian will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 3 m m l Ranci,/VVhite Aam inis'cative Assis'mnt m c Jane Holmes . m P~u.oi Division Commander ] gel~ve Division Commanaer j S~ff se~s gommanaer L]eu~n~m S~ She~mo~ J Se~eant Chan~ ~rdin J Lieutenant ~ugene ~we~ ~ ~ r e d ~minmg Ofic.. J ~ I ge..~e ~ 5 Tec~ni~ans m 2 o~ca~ J j 3 Reco~s Clerks i SeDeam I i N~o~lnve~g~ons [ ~ Communi~ Odenmd Poiicmc [ j I Scream J ~ ]Came Stone/E,~enca Tecnnic~an ! ~ School Crossing Guams ~ ~ I FieJ~ T~inina O~c~r I ~ I . 20fl~ -- m De~a~enml Training Commun~ Se~ Volunmem I I I m , I ADMINISTRATIVE SECRETARY MAJOR FD~C~ION- - - I s~ecialized and responsible secre- This is difficult, tarial clerical and administrative work. The employee works with c~nsiderable independence within the scope of established I laws, rules, regulations and procedures. ILLUSTRATIVE DUTIES ~ I Acts as administrative and secretarial assistant to the head of a department, interprets administrative policy and decisions as explained and directed. Relieves the department I details and operational administrative mat- headters.OfTransmi~scleric~l orders and instructions with the authority I of the supervisor. Performs public relations func~ions~ with the public, de- '': partment heads, officials, personnel and visitors. Coordinates meetings, conferences and appointments for the department head. Takes and transcribes difficult, technical dictation of correspondence. Prepares complex records and reports. Takes. calls ~nd answers inquiries. Opens and sorts mail. Composes I correspondence independently and maintaihs records and files. Maintains accounting, payroll and other department bookkeeping records. Processes purchase orders. Processes all materials for meetings. Maintains official I Supervises the flow of communications for the office. r~cords. Preuares special reports. Assists department head in budget activities and preparation. I Takes and screens all incoming calls. Dispatches police and other.emergency vehicles. _ ~Reviews all anp!ications an~ plans zor permits. ~rocesses request, calculate~ costs, issues permits and maintains appro- I priate records. ' Performs related work as required. ' I MI~iMUM QUALIFICATIONS '~'.'i 'Knowled~e~ Abilities and Skills: Knowledge of business ! English, sDeiling, Punctuatfon and arithmetic. Knowledge of modern off~ce practices aha procedures. Knowledge of the ...... · ~~- =-~ tu~e of confidential secretarial work. Kno~!edge of department rules, regulations, procedures, func- tions and Dersonnel, and the ability to apply these to complex work problems and situations. Knowledge of the Drincio!es of i office management and supervision. Ability to compose effectiv~ and accurate..corresuondence and to deal with no~-routine mat~ers, such as c°molet~nq complex truct~ons. Ablllty to keep com lex work, with minimum ins ' ' ' P i reference files, to assemble and organize data records and and to prepare composite reports from such data. Ability to · ~ Dhere and smooth flow of business ~romote a harmonious a_mos~ I ~n~o and out of superior's office. Ability to meet and deal% I _ADMINISTRATIVE SECRETARY (Continued) Knowledge, Abilities.and Skills: (Continued) with the' Dub!i~in an effective and coUrteous manner and to work as a ~ighly cooperative member of a team, who works for and with others towards a common mission. Ability to type, and to take and transcribe shorthand (or another acceptable method) at the prescribed rate of speed. Skill in the application of modern secretarSal techniques and practices and in sound principles underlying human relations. Trai~ing an~ Experience: Graduation from high school or equivalen~' certifica%ion, Courses in typing and other commer- cial sub'ects, eu lemented by experience in responsible · 3 _ PP . . · clerical administration; or any equlvalent combination of t ining and/or experience. I City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: R-99-12 Quasi-judicial procedures Approved for Submittal by: City Manager Exhibits: Resolution Agenda No. ~. ~) t.~ Department Origin: City Attorney Date Submitted: 2/18/99 For Agenda of: 2/24/99 Expenditure Required: 0 Amount Budgeted: 0 Appropriation Required: 0 SUMMARY STATEMENT Changes in the case law have somewhat relaxed the atmosphere for quasi-judicial hearings. The existing procedures are confusing, burdensome and self-violating. These procedures are in line with the norm around the state and are better suited to lay boards. RECOMMENDED ACTION Adopt Resolution R-99-12. RESOLUTION NO. R-99-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI- JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City finds that it is in the public interest to revise the procedures employed in the conduct of quasi-judicial hearings in any matter in which the Council or other board of the City acts as a tribunal; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF SEBASTIAN, as follows: Section 1. CONDUCT OF HEARINGS. The City Council of the City of Sebastian recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following guidelines are to be substantially adhered to in the conduct of such hear ' A. Swearing of witnesses. Any~erson presenting factual information to the Tribunal during the hearing shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating. ~l~i~g-the applicant's position, need not be sworn. B. Admissibilty of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tribunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the ?ity Clerk. C. Time Limitations. The traditional }~o~w~}s~;~t~'~'Chair in presiding over the,~ smooth conduct of the heating, encouraging precise and relevant presentations, shall b~$~}~ . ~fguidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the number of witnesses on a case-by-case basis. D. Disclosure of Ex-Parte Communication. At the time the Presiding Officer opens the heating, members of the Tribunal shall disclose ex-pane communications in accordance with law. E. Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. The applicant or his agent shall make a presentation in favor of the request. 2. The staff shall present its findings and analysis. 3. The Tribunal shall ask questions of the applicant and staffas it sees fit. 4. The floor shall be opened to anyone in favor of the request who wishes to Speak or ask questions. 5. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. 6. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public. 7. Staff'is pr°vided an opportunity to summarize its position. 8. The Tribunal deliberates the request, asking such questions as it sees fit. 9. The Presiding Officer then entertains a motion and the Tribunal acts. Section 2. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFEC-YrlVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of February, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Ruth Sullivan, Mayor Kathryn M. O~alloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney i City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: R-99-13 Transportation Intergovernmental Agreement Approved for Submittal by: City Manager Exhibits: Resolution Agenda No. ~-0~ Department Origin: City Attorney Date Submitted: 2/18/99 For Agenda of: 2/24/99 Expenditure Required: 0 Amount Budgeted: 0 Appropriation Required: 0 SUMMARY STATEMENT This agreement basically says that the members of the MPO will consider the plans of one another in formulting their own plans. It is a state mandate. RECOMMENDED ACTION Adopt Resolution R-99-13. RESOLUTION NO. R-99-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR/DA, AUTHORIZING EXECUTION OF A STATE OF FLORIDA DOT INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the city of Sebastian is a member of the Indian River County Metropolitan, Planning Organization; and WHEREAS, federal and state law require that the member agencies thereof and the state Department of Transportation enter into an agreement to provide for coordinated planning and conflict resolution for certain aspects of transportation planning; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AGREEMENT. The City Council of the City of Sebastian does hereby agree to the terms of the attached STATE OF FLORIDA DOT INTERGOVERNMENTAL COORDINATION AND REVI]EW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT and authorize the Mayor and City Clerk to execute the same. Section 2. CONFLICT. All resolutions or pans of resolutions in conflict I herewith are hereby repealed. I Section 3. EFFECTIVE DATE. This resolution shall take effect I immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember I The motion was seconded'by Councilmember and, upon being put into a I vote, the vote was as follows: Mayor Ruth Sullivan I Vice-Mayor Martha Wininger Councilmember Louise Cartwright I Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this day I of ,1999. I CITY OF SEBASTIAN, FLORIDA By: I Ruth SUllivan, Mayor ATTEST: · I Kathryn M. O'Halloran, CMC/AAE I City Clerk I Approved as to form and legality for reliance by the City of Sebastian only: I Rich Stringer, City Attorney I , I INTERGOVERNMENTAL C,O~ORDINATION AND REVIEW PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT THIS $OINT PARTICIPATION AGREEMENT is made and entered into this day of , 199 ...... , by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO); the TREASURE COAST REGIONAL PLANNING COUNCIL; INDIAN RIVER COUNTY; the CITY OF VERO BEACH; and the CITY OF RECITAI.~: WHEREAS, the' Federal Government, under the authority of 23 USC Section 134, as amended I~j ~ Intermodal Surface Tramportafion Efficiency Act of 1991, and Sectiom 4(a), 5(g)(1), and 8 oftbe Federal Tramit Act [49 IJSC app. Sul~ection 1603(a), 1604(g)(1), and 1607],-requir~ that each metropolitan area, as a condition to thc receipt of federal capital or operating assis~mce, have a continuing, cooperative, and comprehemive mmsportafion planning process fl~at results in plar~ and prograr~ consistent with the comprehensively planned development of the metropolitan area; . WI..IERE~, 23 USC Section 134 (a) and (b), as amended by the Intermodal Surface Tramportafion Efficienc~ Act of 1991, 49 USC Section 1607(a) and (b), 23 CFR Section 450.306, and Section 339.175, Flodda Statu~, provide for the creation of metropolitan planning orgenizatiom to develop trampomfion plar~ and programs for metropolitan areas; WHEREAS, the aforementioned require State, the MPO, and the operator~ of Federal that publicly owned tramportation systems shall enter into an agreement clearly identifying the re~onsibilitie~ for cooperatively carrying out such transportation planning (including corridor and subarea ~J.~die~ pursuant to 23 CFR Section 450.316 and 450.318) and programming; WHF_J~AS, pursuant to Section 20.23, Florida Statutes, the Depa~iment has been created by the S~ate of Florida, and the Deparlment has the powers and duties_relating. ~ ~_rt~_~0~_a. ll as outl~ in Secfion_32~4,044, :.i',-' '-- o da Statutes, . ..... . . ........ · :~ · ~.~ _?~:-~.:7-....---.~-__ . .~_ :.. WHEREAS, pursuant to 23 USC Section 134, 49 USC app. Section 1607, 23 CFR Section 450.306, and Section 339.175, Florida Statutes, a metroP°litan planning organization has been designated ami apportioned by the Governor of the Stal~ of Florida, with the agreement of the affected unils of general purpose local government, Io organize and establish the MPO; WHEREAS, pursuant to an interloeal agreement execulrd on April 12, 1993, and fried with the Clerk of the Circuit Court of Indian River County, the MPO was established; WHEREAS, pursuant to Section 339.175(9)(a)2., Horida S~atutes, the MPO shall execute and maintain an agreement with the metropolitan and regional intergovernmental coordination and review agencies serving the Metropolitan Area; WHEREAS, the aforesaid agreement mu~t describe tbe n~ms by which acfivifi~ will be coordinated and ,pecify how transportation planning and programming will be parl of the comprehensibly planned development of the Metropolitan Area; WHEREAS, purmant to Section 186.504, Florida Statutes, and Rule 27E-1.002, Florida Admini~five Code, the Treasure Coa~ Regional Planning Council was e~b~ and operate~ with a pdmary pm'po~ of ~ WHEREAS, pursuant to Section 186.$0~(24), Florida Statutes, the Regional Planning Council is to review plans of metropolitan planning organizafiom Io identify inconsistencies between those agencies' plans and applicable local government comprehensive plans adopted pursuant to Section 163.3161 ~., fs; WHEREAS, the Regional Planning Council, pursuant to Section 186.507, Florida Statutes, is required to prepare a Strategic Regional Policy Plan, which will contain regional goals and policies that address regional WHEREAS, based on the Regional Planning Council s siatutory mam~te to identify inconsistencies between plans of metropolilan planning organizations and applicable local government comprehensive plans, and lo prepare and adopt a Strategic Regional Policy Plan, the Regional Planning Council is appropriately situated to assist in the intergovernmental coordination of the intermodal uanspomtion planning process; ' WHEREAS, pursuant to Section 186.509, Florida Statutes, and Rule 29K-4 Florida Administrative Code, the Regional Planning Council has adopted a conflict and dispute resolution process; WHE17,F_~, the purpo~ of the dispute resolution process is to reconcile differences on planning and growth management issues between local governments, regional agencies, and private intere..m; ' WHEREAS, the parties hereto have de~..~, that the voluntary dispute resolution process is useful in the process of re.soMng conflicts and disputes arising m the tramporlation planning process; WHEREAS, p~t to 23 CFR Section 4.50.310(b) ami Section $39.175(9)(a)3., Florida Statute.s, the MPO must execute and maintain an ak, reement with ~ operators of public transportation systems, including transit systems, commuter rail syrup, airports, and seaports, describing the means by which activities will be coordinated and specifying how public transit, commuter rail, aviation, and seaport plannln$ (including corridor and subarea studies pursuant to 23 CFR Sections 450.316 and 4:50.318) and progr~mmln~ will be part of the comprehensively planned development of the Melropolitan Area; WHEREAS, it is in the public interest that the MPO, operators of public transportation systems, including WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is consistent with 23 CFR Section 4:50.306 and Section 239.175(9Xa), Florida Statutes; and ~, the parties to this IPA desire to parlicipate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transporiation planning proce.~ to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: Section 1.01. Red,Is. Each ~md sll of the foretoin~ recitals he and ~ same hereby incorporated herein and acknowledge.d.., to be true and correct. Failure of any of the foregoing recitals to be true and correct Section 1.02. Defi~itior~. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the followi~ meanings: "Agreement' means and refers to this instrument, as amended from time to time. "Corridor or Subarea Study" shall mean and refer to studies involving major investment decisions or as other identified in 23 CFR Sections 450.318 and 450.318. "Department' shall mean and refer to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes. ~FHWA' means and refers to the Federal Highway Administration. "Long-Range Trampomtion Plan" is at a minimum a 20-year plan which: identifies wansportation facilities; includes a fumnclal plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan ~ranspomfion system and ~ efficient use of existing Wanspomtion facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nomtminment areas is coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statues. 'Metropolitan Area' means and refers to the planning area as delineated by the MPO for the urbanized area containing at least a population of 50,000 as described in 23 USC Section 134Co)(I) and Section 339.175, Florida Statutes, which shall be subject to the MPO. #MPO" means and refers to the metropolitan planning organimtion formed pursuant to Interlocal Agreement dated April 12, 1993, as amended or superseded from time to time. 'Regional Planning Council" means and refers to the Treasure Coast Regional Phnning Council created pursuant to Section 186.504, Florida Statutes, and identified Rule 27E-1.002, Florida Administrative Code. "Transpomtion Improvement Program CLIP)" is the transportation document which includes ~ following components: a priority list of projects and project phases; a list of pro'Pcts proposed for funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and project phases are consistent with applicable local government comprehemj'~e~plam.adopgd.pursmmt to Section 163.31~1 .g,~..~, _Florida S_.tamtes; and an'indication of how improvements are consistem/to~ the maximum..' ~-j_~'"--'- ...... exte-n[-fe~bl~ With affe. cl~l seaport and airpor~ master plans and with public transit development plans of theunil~ of local goverflment locall~d within the botlndaries of the MPO, all as required by 23 USC Section 134(h), 23 CFR Section 450.324, Section 339.175C0;, Florida Statu~e.s. "Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with the Department and public transportation providers, that lists aH phnning tasks to be undemken during a pwgram year, together with a complete description thereof and an estimated budget, all as required by 23 CFR Section 450.314, Section 339.1750~), Florida Statutes. ARTICLE 2 PURPOSI~ Section 2.01. Coordimtion with public transit ~rator~. As set forth in Article 3 of this Agreement, the lmrpose of this Agreement is to provide for cooperation with a,,. Department, indian River County, the City of Vero Beach, and the City of Sebastian in the development and pre~tion of the UPWP, the TIP, the Long-Range Trartsportation Plan, and Corridor or Subarea Studies. Section 2.02. Ipln'go~erl~enta[Cootdinafioa; Regioml Ptanni~g Council. As set forth in Article 4 of ~ Agreement, the purpose of this Agreement is te provide a process through the Regional Planning Council for intergovernmental coordination and review and identification of incomistencies between proposed MPO ~Um~.. rtation plans and local government comprehensive plans adopted pursuant to Section 163.3161 Flomda Statutes, and approved by the Florida Department of Community Affa~. Section 2.03. Diaput~ resolutioo. As set forth in Article 5 of this Agreement, the purpom of this Agreement is to provide a process for conflict and dispute resolution through the Regional Planning Council. ARTICLE 3 C0OPI~ATIVE PPx0~EDURE5 FOR PLANNING AND PRONG WITH OPERATORS OF pUBI,I~ ~SPORTATION SYSTEMS Section 3.01. Co~erafion with ilpcrators oLpublic tran,sporlafion SystemS;, CoordirmliOll wigl lOc, al government approved conlp~h~mive plarl$. (a) The MPO shall cooperate with the Indian River County, the City of Veto Beach, and the City of Sebaslian to optimize the planning and programming of an integrated and bnlntlced ~ Irampo~iion sysv. m for the Metropolitan Area. (b) The MPO shall implement a conl~nuing, cooperative, and comprehensive Iransporufion planning process that is consistent, Io the maximum extent fea~'ble, with port and aviation mr plans, and public trnmit development plans of the units of local governments whose boundaries are within the Metropolitan Area. (c) As a means towards achievement of the goals in paragraphs (a) and Co) and in an effort to coordlmte intermodal Uanspomtion planning and progtamn~g, the MPO .o~11 include as part of its membership officials of agencies that administer or .op~te major modes or systems of trampomtion, including but not limited to transit operators, sponsors of major local airport, maritime ports, and rail opemors. The representative of the major modes or symms of transportation may be accorded voting or non-voting advisor tutus. In thi,~ Metropolitan Area if authorities or agencies have been or may be created by law io perform transportation functions and that are not under the jurisdiction of a general purpose local government repr~ on the MPO, the MPO shall request the Governor to designate said authority or agencies as a voling member of the MPO. If the new member would alter local government repreaenention in the MPO, the MPO shall purpose a revised apportionment plan to the Governor to ensure voting membership on the MPO to an elected official representing public transit authorities which have been, or may be, created by law. (d) The. MlaO shall ensure that representatives of ports,., transit authorities, .and .airports.within the-.. :: c::. "'-' I · Melropolitan Area are provided membership on ihe MPO~s Technical AdViso~C~t~:,~. !~.~-:':.,-': '. '~.i}:;', ;i.~;~:~"--~/.:'~r'.~ .'., Section 3.02. Pre, parafioll of trartspomtion related plans. (a) Although the final decision in adopting the UPWP, ~e TIP, Long-Range T~tion Plan, or a Corridor or Subarea Study is in the discretion of the MPO, development of said plan or study shall be viewed as a cooperative effort involving the Department, Indian River County, the City of Vero Beach, and the City of Sebastian. In developing R~e UPWP, ~e TiP, Long-Range Transpomtion Plan, or a Corridor or Subarea Study, Co) At ~ commencement of the proceas of preparing the UPWP, ~ TIP, Long-Range Transportation Plan, or a Corridor or Subarea Studies, or preparing other than a minor amendment Ihereto (as Beach, and the City of Sebastian advising said agencies of the scope of the work to be umierialzn and inviting comment and participation in ~ development process. The MPO shall ensure that the chief opea'a~ officials of fl~e Department, Indian River County, the City of Veto Beach, and the City of Se~a.vdan shall receive approximate fif~.n (15) days written formal notice of aH public worl~ops and hearings relating ~o the development of the UPWP, the TiP, Long-Range Transpomtion Plan, or a Corridor or Subarea Studies. However, it is agreed that the failure lo properly extend written or other notice shall not invalidate, or lodge! as a claim to invalida~, the 'adoption of the UPWP, the TIP, Long-Range Transportation Plan, or a Corridor or Subarea Sludies. (c) Local government comprehensive plans. (1) In developing the TIP, Long-Ran~ Transpomtion Plan, or a Corridor or Subarea Studies, or preparing other than a minor amendment thereto (as dem~mined by the MPO), the MPO, indian River County, the City of Vero Beach, and the City of Sebastian shall analyze: (T) the comprehensive plan future land use elements; Cd) the goals, objectives, and policies of the comprehensive plans; and (iii) the zon/ng, of each local governmems in the Mem>poli~m Area. Based upon the foregoing review and a consideration of other growth management ~, ~e MPO, Indian River County, the CHy of Veto Beach, and the City of Sebastian, as appropriate, shall provide wfi~n recommendations to local governments in the Metropolitan Area in the development, amendment, and implememation of their comprehensive plans. A copy of the recommendations shall be sent ~o ~e Regional Planning Council. (2) Tbe MPO agrees that ~o the maximum extent feas/ble the Long-Range Transpor~tion Plan and the project and project plmses within the TIP shah be co~ with the funtre land use element and goals, objectives, and policies of the comprehensive plans of local government in the Metropolitan Area. If the MPO's TIP is incons/sent with a local government comprehensive phn, the MPC) shah so indicate, and the MPO shaH present, as part of the TIP, justification for including the project in the TI~. (d) Multi-modal transportation agency plans. (1) In developing the TIP, Long-Range T~tion Plan, or a Corridor or Subarea Studies, or preparing other than a minor an~ndment thereto (as demmined by the MPO), the MPO shall analyze thc affected: (1) ah'port master plan; ('fi) public tramit development plans, of Indian River County, the City of Vero Beach, and the City of Sebastian. Based upon the foregoing review and a consideration of other transportation- rehted factors, the MPO, shaH from time to time and as appropriate, provide recommendations to Indian River County, the City of Veto Beach, and the City of Sebastian, as well as local governments within the Metropolitan Area, for the development, amendment, and implementation of their mn.~er, development, or comprehensive plans. (2) In developing or revising their re.soecfive seaport master plan; airport master plan; or public transit development plans, Indian River County, the City of. Veto. 1~._. ch; and the City of.Sebastian shall ............. analyze the draft or.approved UPWP, TIP, Long-Range .Translxn'tation Pla~or. Corridor.a__ml. SubarealStudies,-°r ~ amendmen~ ~reto. Based upon the foregoing review and a consideration-of-other transportatiOn=rehled racers; ........ italian River County, the City of Veto Beach, and the City of Sebastian shall from time to time and as appropriate, provide written recommendations to the MPO with regard lo development, amendment, and implementation of the UPWP, TIP, Long-~ Transportation Phn, or Corridor and Subarea Studies. (3) The MPO agrees that to the maximum extent feasible the TIP shall be consistent with the affec~cl seaport and airport master plans and with public transit development plans of Indian River County, the City of Veto Beach, and the City of Se. ba.~ian. (e) ~ let~r agreement to be executed by ~e MPO and ~,~;,n River Cotmty, the City of Veto X~:ach, and the City of Sebastian, the IMPO and the affected agencies or authority shall mutually develop a process for planning coordination, forwarding recommendations, and project programming conshtency. The parties hereto agree that under the let~r agreement, the MPO and Indian River County, the City of Vero Beach, and the City of Sebastian need only include in the MPO's TIP those state funded ah'port and seaport projecls that directly rehte ~o surface ~tion activities. The process agreed to in thc letter agreement shall provide flexible deadlimz for inter-agency comment on affecu~l plans referenced in this ~-tion. Upon approval of the let~r agreement, the letter agreemem shall be appended ~o this Agreement and ~n be an exhibit hereto. The signatories to the le~er agreement may revise or terminate same from time to time without approval of other parties hereto. ARTICLE 4 IE~VERlqM~blTAL COORDiNATI0~I AND REWIE~ Section 4.01. C09l:dillafion wilh Regioonl Planni~lg Council. The Regional Planning Council shall perform the following tasks: (a) Within thirty (30) days of receipt, review the draft of the proposed TIP, Long-Range Transportation Plan, Corridor and Subarea Studies, or amendments thereto, as requested by the MPO, to identify inconsistencies between the foregoing plans and: (I) applicable local government comprehensive plans adopted pursuant to Section 163.3161 e, Cmo~, Florida Statutes, for counties and cities within the Metropolitan Area; and (2) the adopted Strategic Regioml Policy Plan. (1) The parties hereto recognize that pursuant to Florida law, the MPO's Long-Range T~tion Plan must be considered by cities and counties within thc Metropolitan Area in ff~e preparation, amendment, and update/revision of their comprehensive plato. Further, the Long-Range Tramportation Plan and the projects and project pbas~ within the TiP are to be consistent with the future land use element and goals, objectives, and policies of the comprehensive plans of local governments in the Metropoli~m Area to ~e maximum extent feasible. Therefore, promptly upon completion of its review of the draft proposal, the Regional Planning Council shall advise the MPO and each affected county or city of its findings; I I I I I I (2) If after completing its review of the draft proposal, the Regional Planning Council deems that the MPO plans and programs submitted are not acceptable, the Regional Planning Council shall promptly advise the MPO in writing of its concerns and identify those portions of the submittals which need to be reevaluated and po~ntially modified; and (3) Upon tirol adoption of the proposed TiP, Long-Rang~ Transportation Plan, Corridor and Subarea Studies, or amendments thereto, the MPO may request that the Regional Planning Council consider adoption of regional transportation goals, objectives, and policies in the Strategic Regional Policy Plan implementing the adopted TIP, Long-Range Trams]~rtafion Plan, Corridor and Subarea Studies, or amendments thereto. If the proposed TIP, Long-Range Transportation Plan, Corridor and Subarea Studies, or amendments thereto was the subject of previons adverse comment by the RegiOnal Planning:Council, .tlm-MPOwil!:identify the:::-:.' change in the final adopted plan intended to resolve the adverse ¢tmment;;oraltermlfively,~-lhe-MPO slmll.Jdenti~.~ t :,~, the reason for not altering the plan as suggested by the Regional Planning Council. (b) Provide the availability of the conflict and dispute resolution process as set for~ in Article 5 below. ARTICLE 5 CONFLICT AND DISPUTE RI~SOLUTION PROCESS Section 5.01. Disputes and conflicts under this Agree~t. This process shall apply to co~flicts and disputes relating to matters subject to this Agreement, or conflicts arising from the perfortnanee of this Agreement. Except as otherwise provided in this Article 5, only representatives of the agencies with conflic'~s or disputea shah engage in conflict resolution. Section 5.02. Initial res01ufioa. The affected parties to ~ Agreement shall, at a minimum, en..~are the attemp~ early resolution of conflicts relating to such matters. Early resolution shall be handled by direct discussion between the following officials: for the Depa~imem by the District Director for Planning and Programs; for the MPO - the Staff Director; for the Regional Planning Council - the Planning Director; for Indian River County - Community Development Director; the City of Veto Beach - the Airport Director; and the City of Sebasfan - the Airport Director. Section 5.03. Resolution lay seu'li~r.agen~y 0ffi~ial. If the conflict remains unresolved, the conflict shall be resolved by the following officials: for the Department- by the District Secretary; for the MPO - the Chairman Pal~ 7d9 I of the MPO; for d~e Regioml Planning Council - the Executive Director; for Indian River County - Chairman of the Board of County Commissioners; for the City of Veto Beach - the Mayor; and for. the (2ity of Sebastian - the I Mayor. See'don 5.04. Alter~a6Ve Regional Plat~ning Council dL.q~ute rg~olutiol~. If a resolution is not possible, I the parties may undertake dispute resolution pursuant to the Regional Planning Council procedure set forth in Rule 29K-4, Florida Administrative Code. Ail paaies to the dispute must agree to undertake ~ procedure before it may be invoked. I Section 5.05. ]ge.mlufion hy the Office of the Governor. If the conflict is not resolved through conflict resolution pursuant to Sections 5.02, 5.03, and 5.04, the parties shall petition the Executive Office of the Governor i for resolution of the conflict pursuant to its procedures. Resolution of the conflict by ~e Executive Office of the Governor shall be binding on all parties. . . ARTICLE 6 MISCELLANEOUS PROVISION Section 6.01. Constitutioml or statutory dllties and re~on~ibilities of l~mie~. This Agreement shall not I be construed to authorize the delegation of the constitutional or statutory duties of of the In addition, al~y this Agreement does not relieve any of the parties of an obligation or respo~bility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or I any legal or adminislrative entity created or authorized by this Agreement, in which ~:ase ~ performance may be offered in satisfaction of the obligation or responsibility. I Section 6.02. Amendment of Agreement. Amend_. .me~ uts or modifications of this Agreement may only be made by written agreement signed by all parties here to with the same formalities as the origln~l AgreemenC i Section 6.03. Duratioa; withdrawal pr~edur~. (a) Duration. This Agreement shah have a term of five (5) years and shall automatically renew at the end of said five (5) years for another five (5) term and every five (5) years thereafter_:At the:end of-.the..five . ._ _=..:-- i -.. (5') year term and at least every five (5) years thereafter, the partie:r:he~o shall examina, ttie-tei'ms:hereof=and ..... agree to amend the provisions or reaffirm the same. However, the failure to amend or to reaffu-m the terms of this Agreement shall not invalidate or otherwise termimte this Agreement. . I Co) ]~/ithdrawal. i~roeedur~. Any party may withdraw from thi.~ Agreement written form a notice of intent to withdrawal to the other parties to ~tis Agreement and the MPO, at least ninety I (90) days prior to the intended date of withdrawal; provided, that financial commitments made prior to withdrawal are effective and binding for their full term and amount regardless of withdrawal. I Section 6.04. NoHces. All notices, demands and correspo~m~ required or provided for under this Agreement shall he in writing and delivered in person or dispa~ by certified re.mil, postage prepaid, return receipt requested. No~ice required to be given shall be addressed as noted follows: i Indian River County MPO City of Veto Beach Treasure Coast Regiol~d Plann{n~ 1840 25th Street 1053 20th Place 301 Fast Ocean Boulevard, Suite 300 i Veto Beach, Florida 32960 Veto Beach, Florida 32960 Sum-t, Florida 34994 Indian River County City of Sebastian Florida Departme~ of Tramportation I Board of County Commissioners 1225 Main Street 3400 West Commercial Boulevard 1840 25th Street Sebastian, Florida 32958 Fort Lauderdale, Florida 33309-3421 / A party may unilaleraHy clun~ its address or addressee by giving notice in writing to the other parties as provided in ~ section. Theater, notices, demands and other pertinent correspondence shall be addre.~xi and transmiUed to the new address. Section 6.05. [nlrrpreiation. (a) i)rafters of Agreement. All parties hereto were each represented by, or afforded the opportunity for representation by legal counsel, and participated in the drafting of this Agreement and in the choice of wording. Consequently, no provision hereof should be more ~gly construed against any party as drafter of this Agreement. Co) ~cverabilillt. Invalidation of any ooe of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific ci~.mmslance,, by judgement, court order, or administrative hearing or order rlndl no affect any other proviziom or applications in other circurastancez, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the tenm and requirements of applicable law. (¢) Rll]~ of construction. In interpreting this Agreement, the following rules of consUmction shall apply unle~ the comext indicates otherwise: (1) ~ singular of any word or ~m includes the plural; (2) ~ masculine gender includes the femlni~ gender; and (3) The word "shall" is mandatory, and "may' is permissive. Section 6.06. Enforcement hy parfies.h~t0. In the event of any judicial or administrative action to enforce or imerpret ~ Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. Section 6.07. Agr~lll~t executio~ Use of counterpar~ ~,m~l'e pages. This Agreement,. and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterpam toge~.r shall constitute one and the same imtrumem. Section 6.08. t~ffecfive ~ This Agreement shall become effective upon its execution by all parties Section 6.09. Purmmnt toFederal. Siam and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authoriaafion is required under applicable law to emble the parties to enier ~ ids Ag~ement or to undeml~ the lnXwisious set forth hereunder, or to observe, assume or catty out any of the provisions of the Agreement, said ~ w~l initiate and consummate, as provided by hw, aH actiom Section 6. I0. parties Not Obligated to Third Parii~. NO party hereto shall be obligated or liable hereunder to any party not a signatory to this Agteemem. There are no express or intended third party beneficiaries to this Agreement. Section 6.11. When Ri~ts and Renlgttieal~lot Waive, g. In no cvem shall the making by the Department of any payment to the MPO constitute or be consh-ued as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the MPO, and the n~king of any such payment by the Depat~nt while any such breach or default exists shall in no way impair or prejudice any fight or remedy available to the Depatiment in respect of such breach or default. IN WITNESS WHEREOF, the undersigned parties have execu~l this loint Participation Agreement on behalf of ~he referenced legal entities. Signed, Sealed and Delivered in the pre,~ence of: INDIAN RIVER COUNTY INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION BOARD OF COUNTY COMMISSIONERS ' Clerk Clerk · CiTY OF VERO BEACH CITY OF SEBASTIAN BY: BY: Mayor Mayor ATTEST: SEAL ATTEST: SEAL City Clerk City Clerk TREASURE COAST FLORIDA DEPARTMENT OF REGIONAL PLANNING COUNCIL ' TRANSPORTATiON BY.' BY: Executive Director RiCk Chesser, P.E. District Four Secretary ATTEST: SEAL ATTEST: SEAL Clerk Executive Secretary City of Sebastian, Florida Subject: Execution of Intergovernmental Agenda No. ' Coordination and Review and Public Transportation Coordination Joint Participation Department Origin: Growth Management Agreement (ICAR-PTC JPA) Tracy E. Hass 'Approved for Submittal by: Dat~ Submitted: February 3~9,~9 ~ ~ ~ , For Agenda of: February/I!),--~999 Exhibits: ICAR-PTC JPA, MPO Staff Report, and Autho ' ' g Resolution. EXPENDITURE REQUIRED: [ AMOUNT BUDGETED: [ APPROPRIATION RF. QtnRED: None [ None [ None - SUMMARY According to state and federal regulations, each MPO in Florida must execute and maintain an agreement with the Florida Department of Transportation (FDOT) and with local and regional agencies responsible for the provision and coordination of transportation services within the MPO area. Specifically, the purpose of this agreement is to: 1. Describe the process for coordination of MPO planning and programming activities with other transportation agencies, 2. Specify the role of transportation planning and programming activities in the comprehensive planned development of the metropolitan area, and 3. Specify conflict resolution procedures for disputes arising through a coordinated transportation planning process. Because the agreement relates primarily to coordinated intermodal public transportation planning, several agencies in addition to the MPO must also execute this agreement. The City of Vero Beach and the City of Sebastian, both of which operate municipal airports, must execute this agreement. The Indian River County Board of County Commissioners, oversees Community public transportation which and the Coach system, and the Treasure Coast Regional Planning Council must also execute this agreement. At its November 4, 1998 meeting, the MPO authorized the Iv[PO Chairman to execute the agreement and authorized MPO staff to solicit execution of the agreement by the other agencies specified within the agreement. - MPO staff requests the City of Vero Beach and City of Sebastian execute the ICAR-PTC JPA by resolution. A copy of the agreement is attached. Once execution of the agreement has been authorized by each City Council, MPO staff will transmit the original agreement for signature. For convenience, also attached is the staff report and authorizing resolution used in consideration and execution of the agreement by the MPO board. RECOMMENDED ACTION INDIAN RIVER COUNTY, FLORIDA METROPOLITAN PLANNING ORGANIZATION MEMORANDUM TO: THROUGH: Dennis Ragsdale - City of Veto Beach Planning Director Tracy Hass - City of Sebastian Growth Management Director Robert M. Keating, AICP MPO StaffDirector FROM: Jacob Riger MPO Planner DATE: SUBJECT: December 1, 1998 EXECUTION OF INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT (ICAR-PTC JPA) According to state and federal regulations, each M~O in Florida must execute and maimain an agreement with thc Florida Depamnent of Transportation (FDOT) and with local and regional agencies responsible for thc provision and coordination of transportation services within the MPO area. Specifically, the purpose of this agreement is to: describe the process for coordination. of MPO'planning and programming activities with other transportation agencies, specify the role of transportation planning and pmgranuning activities in the comprehensive planned development of the metropolitan area, and specify conflict resolution procedures for disputes arising through a coordinated transportation planning process. Because the agreement relates primarily to coordinated intermodal public transportation planning, several agencies in addition to the MPO must also execute this agreement. The City of Vero Beach and the City of Sebastian, both of which operate municipal airports, must execute this agreement. The Indian River County Board of County Commissioners, which oversees and funds the Community Coach public Wansportation system, and the Treasuro Coast Regional Planning Council must also execute this agreement. At its November 4, 1998 meeting, the MPO authorized the MPO Chairman to execute the agreement and authorized MPO staffto solicit execution of the agreement by the other agencies specified within the agreement. Ivt~PO staffhercby requests that the City of Vero Beach and the City of Sebastian execute the ICAR- PTC JPA by resolution no later than January 8, 1999. A copy of the agreement is attached to this memorandum (Attachment 1). Once execution of thc agreement has been authorized by each City Council, MPO staff will transmit the original agreement for siguatur~. For convenience, aisc attached to this memorandum is the staff report (Attachment 2) and authorizing resolution (Attachment 3) used in consideration and execution of the agreement by thc MPO Board. Please contact Jacob Riger at 56%8000, ext. 1455 if questions arise. ATTACHMENTS Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement (ICAR-PTC .rPA) 2. November 4, 1998 MPO meeting ICAR-PTC J'PA staffreport 3. MPO ICAR-PTC JPA authorizing resolution INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Members of the Indian River County Metropolitan Planning Organization Robert M. Keating, AICP/~{~_ MPO Staff Director Jacob Riger iMPO Plann~'~'~ October 26, 1998 CONSIDERATION OF I~TERGOVE~I~AL COORDINATION ~ REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT (ICAR-PTC JPA) It is requested that thc information presented herein bc given formal consideration by thc Indian River County Metropolitan Planning Organization (IMPO) at its meeting of November 4, 1998. SUMMARY State and federal regulations require the MPO to execute and maintain an agreement with FDOT and local and regional transportation agencies to ensure a coordinated and intermodal public transportation planning process. MPO staffhus coordinated with FDOT to prepare the attached agreement and authorizing resolution, which must be executed by the MPO, Staff recommends that thc MPO review the attached agreement and authorizing resolution, make any necessary changes, and authorize the MPO Chairman to execute the agreement. DESCRIPTION~CONDITIONS, AND ANAi,YSIS According to state and federal regulations, each MPO in Florida must executc and maintain an agreement with FDOT and with local and regional agencies responsible for thc provision and coordination of transportation services within the MPO area. Although the primary focus of this agreement is coordinated intermodal public transportation planning, its provisions relate to the overall transportation planning process. Specifically, the purpose of this agreement is to: describe the process for coordination ofMPO plnnnlng and programming activities with other transportation agencies, specify thc wle of trsnsportafion planning and programming activities in the comprehensive planned development of the metropolitan area, and specify conflict resolution procedures for disputes arising through a coordinated Ixansportation planning process. Because thc agreement relates primarily to coordinated intermodal public transportation planning, several agencies in addition to thc MPO must also execute this agreement. In Indian River County, affected agencies include the Indian River County Board of County Commissioners, which oversees and funds the Community Coach public transportation system, and thc City of Vero Beach and thc City of Sebastian, both of which operate municipal airports. As the regional agency responsible for coordinated transportation planning and conflict resolution, the Treasure Coast Regional Planning Council must also execute this agreement. MPO staffhus coordinated with FDOT to prepare the attached agreemmt (Attachment I to this staff report), which needs to be executed by each agency discussed above and then transmitted to FDOT, Because the ICAR-PTC JPA must be executed through an authorizing resolution, staffhss prepared the attached resolution (Attachement 2 to this staff report). The resolution authorizes the MPO Chairman to execute the agreement. RECOMMENDATII}N Staffrecommends that the MPO review the attached Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement and the attached authorizing resolution, make any necessary changes, and authorize the MPO Chairman to execute the agreement. ATTACHMENTS Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement (ICAR-PTC JPA) 2. ICAR-PTC J-PA authorizing resolution MPO RESOLUTION NO. os-os A RESOLUTION OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT). WltEREAS, the Federal Government requires that each metropolitan area, as a condition to the receipt of federal capital or operating transit assistance, have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area; WHEREAS, 23 USC Section 134(a) and (b), as amended by the Intermodal Surface Transportation Efficiency Act of 1991, 49 USC Section 1607(a) and (b), 23 CFR Section 450.306, and Section 339.175, Florida Statutes, provide for the creation of metropolitan planning organizations to develop transportation plans and programs for the metropolitan areas; WilEREAS, pursuant to an interlocal agreement executed on April 12, 1993, and filed with the Clerk of the Circuit Court of Indian River County, the Indian River County MPO was established; WHEREAS, pursuant to 23 CFR Section 450.310(b) and Section 339.175(9)(a)3, Florida Statutes, the Indian River County MPO must execute and maintain an agreement with the State and the operators of public tramportation systems, including transit systems and airports, describing the means by which activities will be coordinated and specifying how public transit and aviation planning (including corridor and subarea studies pursuant to 23 CFR Section 450.316 and 450.318) and programming will be part of the comprehensively planned development of the metropolitan area; WHEREAS, pursuant to Section 339.175(9)(a)2, Florida Statutes, the Indian River County MPO shall execute and maintain an agreement with the metropolitan and regional intergovermnental coordination and review agencies serving Indian River County; WIIEREAS, the aforesaid agreement must describe the means by which activities will be coordinated and specify how transportation planning and programming will be part of the comprehensively planned development of Indian River County; WHEREAS, it is in the public interest that the Indian River County MPO and operators of public transportation systems and aviation authorities jointly pledge their intention to cooperatively participate in the planning and programming of transportation improvements within Indian River County; WIIEREAS, the parties to this agreement desire to participate cooperatively in the performance of a continuing, cooperative, coordinated, and comprehensive transportation planning process to assure that highway facilities, mass transit rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development. NOW, THEREFORE, BE IT RESOLVED BY TIlE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION: That the Chairman of the Indian River County Metropolitan Planning Organization is authorized to execute an Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement with FDOT and the other agencies specified within the Agreement. That the Indian River County MPO StaffDirector is authorized to solicit execution of this Agreement, on behalf of the MPO, by the other agencies specified within the Agreement. That the Indian River County MPO StaffDirectnr is authorized to transmit the Agreement, once fully executed, to FDOT. That the Indian River County MPO shall regularly coordinate with FDOT and the other agencies specified in the Agreement to implement, maintain, and update the Agreement. THIS RESOLUTION was moved for adoption by C a r 1 P e a s e , and the motion was seconded by C a r o 1 J n e G t n n , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Ay e Commissioner Fran B. Adams A b s e n t Councilwoman Sandra Bowden A y e Councilman Dale Caner Ay ~ Commissioner Carolyn Eggen Ab s e n t Commissioner Caroline Ginn Ay e Councilman Carl Pease -Jk~m Councilman Charles Neuberger ^ y ~ oOmnlissioner Cha.rles Wurmstedt ~ mm~ssioner ~enneth Macht (AI~.) ~ The Chairman thereupon declared the resolution duly passed and adopted this . November ,1998. 4 day of INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION ~ola' W. Tipp[n, Chd~Fm/~n- ~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY CIIARLES P. VITIJNAC MPO ATTORNEY i City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: R-99-14 Base Flood Elevations Approved for Submittal by: City Manager Exhibits: Resolution Agenda No. Department Origin: City Attorney Date Submitted: 2/18/99 For Agenda of: 2/24/99 Expenditure Required: 0 Amount Budgeted: 0 Appropriation Required: 0 SUMMARY STATEMENT The resolution sets forth the basis for our need of FEMA to establish our base flood elevations and then asks that they,do so. It is distributed to all of our representatives having some say in the matter. Adopt Resolution R-99-14. RECOMMENDED ACTION RESOLUTION NO. R-99-14 A RESOLUTION OF TIlE CITY OF SEBASTIAN, 1/gI)IAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE FEDERAL EMERGENCY MANAGEMENT AGENCY ESTABLISH BASE FLOOD ELEVATIONS WITHIN THE CITY; PROVIDING FOR DISTRIBUTION HEREOF; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian was extensively developed by the General Development Corporation in the days of minimal regulation in the State of Florida; and WHEREAS, much of the City was developed upon filled-in swamp and wetlands; and WHEREAS, the antiquated drainage system, combined with the nature of the underground soils, causes some areas of the City to be flood-prone; and WHEREAS, the City is located upon the portion of Florida's Atlantic coast that has historically been inflicted with the greatest number of tropical storms and hurricanes; and WHEREAS, the existing flood maps for the City are based upon estimates and are s~' t?n~Lll~e that insurers, in the absence of base flood elevations, tend to "assume the worst", making it difficult, if not impossible, to obtain reasonably-priced flood insurance; and WltEREAS, the City is a small residential community with limited commercial development and a constrained tax base; and WHEREAS, the Federal Emergency Management Agency has established base'flood elevations for many of Florida's coastal communities, and has the expertise, resources, and authority to do the same. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. REQUEST FOR ASSISTANCE. The City Council of thc City of Sebastian, directly and through its government representatives, does hereby request that the Federal Emergency Management Agency establish base flood elevations within the City. ~~ Section 2. DISTRiBUTiON. The City Clerk is hereby directed to distribute certified copies of this resolution to the director of the Federal Emergency Management Agency, President William J. Clinton, Senator Bob Graham, Senator Connie Mack, Congressman Dave Weldon, Governor Jeb Bush, State Senator Patsy Kurth, State Representative Charles Sembler and Insurance Commissioner Bill Nelson. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of February, 1999. ATTEST: CITY OF SEBASTIAN, FLORIDA Kathryn M. O'Halloran, CMC/AAE City Clerk By: Ruth Sullivan, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1782 (Adrnin.) SUBJECT: Local Law Enforcement Block Grant Project for 1999 Approved for SubmJttal: Agenda No. ' Depa~i-,ent Origin : Police Dale Submitted : 2/16199 For Agenda of : IIIE Il Exhibits: Letter dated 10122/98 from Dept. of Community Affairs advising of Grant's Availability Expenditure Required: Amount Budgeted: Appropriation Required: None None None SUM[~RYSTATE~ENT The Florida Department of Community Affairs (DCA), Bureau of Criminal Justice Assistance has advised that once again $10,000 in Local Law Enforcement Block Grant (LLEBG) funds have been allocated to our city. These funds will be awarded to the police department pursuant to their grant application, if approved by the DCA. This is the third year that such grants have been allocated to Sebastian. This grant requires a 10% cash match which totals $1,112., bringing the total project's budget to'S11,112. The police department has the matcl~g funds available in the Law Enforcement Confiscated and Abandoned Property Expendable Trust Fund, so additional funding by the City is not required for this project. As in the two previous projects, the police department intends to continue its program to equip each of its marked patrol vehicles with video/audio recording systems. Seven vehicles have already been so equipped and this new grant should add at least three (3) additional systems, bringing our patrol fleet up to ten (10) units with this state-of-the-att equipment. The benefits provided by video/audio recording systems include improved prosecutions, improved officer performance and adherence to policy and procedure and saving of substantial time when investigations into misconduct allegations might be necessary. RECOMMENDED ACTION Authorize the City Manager and Police Chief to seek and implement this 1999 LLEBG project in conjunction with the Florida Department of Community Affairs (DCA), Bureau of Criminal Justice Assistance. STATE OF FLORIDA COMMUNITY AFFAIRS DEPARTMENT OF , "Helping Floridians create safe, vibrant, sustainable communities' I LAWTON CHILE5 JAM, ES F. MURLEY Oovemor October 22, 1998 . Secretary I I The Honorable Walter W. Barnes Mayor of Sebastian 1225 Main Street · I Sebastian, Florida 32958 Dear Mayor Barnes: . I The State of Florida has received an award of federal Local Law Enforcement - i Block Grants Program funds for State Fiscal Year 1998/1999 totaling $586,261, in . aCcordance with the provisions of the Omnibus Appropriations Act of 1996 (Public Law 104-134), the Department of Community Affairs, Bureau of Community Assistance, has I allocated ,$10,000 of these funds for use by the City of Sebastian. The amount of the allocation is based on locally-reported Part I crime statistics and is contingent upon a 10 percent cash match of the total project amount by the local government. Funds will be I disbursed up-front to the recipient in one lump sum. In the event it becomes necessary to revise this allocation, you.will be notified immediately. ' ' i Allocations may be used for one or more Program Purpose Areas specifically defined in the application kit. Eligible activities include law enforcement support. (hiring, overtime and equipment), crime prevention, enhancing security measures, establishing I drug courts, enhancing adjudication, developing multi-jurisdictional task forces, and defraying indemnification insurance costs. I To apply for funds, please complete the enclosed application and return it as soon as possible, but not postmarked later than December 31, 1998, to Mr. Clayton H. I Wilder, Community Program Administrator, at the following address: . Department of Community Affairs i Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard I "' ~'"' ' Tallahassee, Florida 32399-2100 i . 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 I Phone: 850.488.8466/Suncom'278.8466 FAX: 850.921.0781/Suncom 291.0781 lnternet address: http:/Iwww.state.fl.us/comaff/dca.html FLORIDA ICrfS G~EN ~,L~ ~O~H FLORIDA ~,8:OYflJY Off:ICi ,L'ea ¢'~(icai S~zte C~ncem Field Off'ce A.-ea o~:ica 9~e Corn:em F~d C~ce P.O. Box 4022 m 2~& c~etseas Hi~w~, Suite 212 15~ E~ Sa~er~n 86C~ N.W. 3~:/~ .~ ~.m, FIc~da 33050-2227 8a~aw, Fk~d~ 33~J0-4~-II ~;~mi, FleSh 33159-4022 October 22, '1998 Page Two If the application is postmarked later than December 31, 1998, the applicant will not be eligible for funding. If you are working in a Windows environment and use WordPerfect 6.1 for Windows, you may obtain the application package and required forms on diskette by returning the enclosed form to Mr. Ted Court, Planner IV, at the address listed above. You will need to forward a. blank diskette along with your request. An electronic copy may also be requested using the department's electronic mail system which Can be accessed via the Internet. Direct your request to the attention of Mr. Clayton H. Wilder at: clayton.wilder@dca.state.fl.us We look forward to working with you. If you have any questions or if we can provide you with any assistance, please contact Mr. Clayton H. Wilder, 'Community Program Administrator, or Mr. Ted Court, Planner IV, at 850/488-8016. Rosa M. Morgan, Chief Bureau of Community Assistance RMM/CW/mb cc:' Project Directors City of Sebastian, Florida Subject: Swale Regrading Bid Award Agenda No. Approved for Submittal by: Thomas Frame, City Manager Department Origin: Engineering/Public Works Martha Sr Cam ~l~. eI, IsTP.E. '-~'"" i / Terry, D. Hill, Public Works i~aul '~'a~'r~ Purchasing Date Submitted: 2/18/99 For Agenda of: Exhibits: Bid Tabulation EXPENDITURE AMOUNT BUDGETED: REQUIRED: SWMS-002 $754,600 Not to exceed budget allocation 2/24/99 APPROPRiATION REQUIRED: N/A SUMMARY Competitive bids were solicited for swale regrading in support of the paving program. The bids were opened and the tabulation is attached. The low bid is CEM Enterprises. They are currently doing similar work in St. Lucie County with good reviews. We have checked references of the low bidder C.E.M. Enterprises Inc. and found their work to be satisfactory and timely. We request therefore, approval to award the bid to C.E.M. Enterprises for the swale work as required in the specifications. These drainage improvements are necessary prior to paving to allow for proper water flow and keep the water off the roads after paved. Work awarded to the swale regrading Contractor shall be issued on a work order basis, with no outstanding work greater than $200,000 which is the performance bond amount required. Work shall be issued to the Contractor in accordance with the contract, until the work is completed or until the budget is expended. It is not anticipated to bring each work order back to Council for approval. RECOMMENDED ACTION Move to award C.E.M. Enterprises, the qualifying Iow bidder, the swale regrading contract in accordance with the unit prices in their bid proposal. Move to authorize the City Manager to execute a contract with C.E.M. Enterprises based on the unit prices bid. *Total Bid Price BI]) TABULATION SWALE REGRADING (Re-bid) Bid Opening January 22, 1999 ~ 2:00 p.m. C.E.M. Enterprises, Inc., dgo/a Sunshine Painting, Apopka, FL Speegle S.E. Cattle, Felix Ranger M.D. Utility Construction, Co., Inc., Ft. Equities, Construction Construction, Inc., Cocoa, Lauderdale, Inc., Coral Industies, Inc., Melbourne, FL Springs, FL Inc., Grant, FL $70,341.00 $82,340.00 $84,160.00 $88,300.00 $90,521.50 $95,172.00 City Employees Present at Bid Opening: "See Attached Paul Wagner, Asst. To City Manager/Purchasing Agent lean M. Tarbell, Administrative Assistant I I I I I I I I I I I I I I 1 I I I I CITY OF SEBASTIAN - BII) S wale Regrading BID PROPOSAL PRICE FORM The undersigned having become thorou~aly familiar with all of the Agreement and Bidding Documents incorporated herein, the project site a~d the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all the equipment, labor and materials nec~ to provide the construction services me;"dng or exceeding the speciflcaions as set forth herein for the unit pric~s as stated on page 2 attached. The price quoted is inclusive of any Addenda ~b~ch m~/be is.med. By the signature below, the Comraaor agrees that this Bid is made without any other understanding,. ~agreement, or comecfion with any person, corporation, or finn submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If award this bid, the Contractor a~re~ to e~er into said agreement witMn ten (10) consecufifive c~lendar days notice by the City, and agre~ to alt the terms and conditions of alt doam~ents stated here~ with the City of Seba.stian for the below stipulsted unk prices. Failure to execute the agreement as stipulated above may result in the forfeiture.of the Bid Bo,~d in its entirety. ~_ ,'~ Charles ~eeks " CEM Enterprises Inc dba Sunshine Painting President 1757 Benbow Court - (407) 884-9148 Phone Number Apopka, FL 32703 Dam~.~!ned January 19, 1999 Bid Price Form Paae I of 2 City of Sebastian - Bid gwaie Regradint BID PROPOSAL PRICE FORM December 1998 Bid Item Unit Cost Bid Quantity* Total Cost 1. Grade Swales l5 foot wide $ 3.25 L.F. 9,400L.F. $ 30,550.00 section from EOP to ROW line. (50' ROW) per Technical Specifications 2. Sod - Bahia $ . t4 S.F. 73,000 S.F. $ 1.o ,22D. oQ 3. Sod-Floritam $ .21 S~F. 73,000S.F. $ 15,33o.0o 4. Seed & Mulch ' $ . o3 S.F. 25,000 S2~. $ ?50.00 5. Replace Driveway $ 2?.OO S.Y. 300S.Y. $ 8,100.00 6. 12" CAP Driveway Culvert $ ! 2. oo L.F. 90 L.F. $ 1,161. oo 7. 15" CAP Dfiveway Culvert $ 18.oo LF. 120L.F. $ 2,16o.00 -8. 18" CAP Driveway Culvert $ 23.00 L.F. 90 L.F. $ 2,070.00 [[Totai Bid Cost, Item # 1-8 [$ 7o,,~,.oo Bid Quantity ~ is a typical work ord~ amount and is used only for bid award purposes. The City anticipat, s awarding all work orda~ to th= lowest bidder, subject to satisfactory performance., for which th= estimated imals will be as follows: :' 278,000 Lin~l F~-t of Swale 2,000,000 Squa~ F~-t of Sod 800,000 Square Feet of Seed & Mulch $,000 Squar~ Yards of Drive, ray P..eplacemmt 200 Lineal F~-t of 12" CAP 200 ~ F~t of 15' CAP 200 ~ F~,t of 18' CAP It is th~ ~ of the City that work orders will b~ i.ssu~d so as to ~ th~ grading crews working without stoppages between section.% but with no mor~ than $200,000 in purchase orders outslanding at any one time. EOP - Edg= ofP ~v~a~nt ROW - Right of Way SCitEDULE TO PERFORM The Contractor hereby agrees that he will perform swale regrading at a rate of no less than 3.000 lineal feet per week. Each work order issued will have a performance schedule based upon this rate. The Contractor agrees that failure to perform in accordance with the work order schedule shall be considered a breach of a material condition of this Agreement, and shall constitute grounds for the /.-.k~em~nation by the City of this Agreement and all Supplemental Agreements in effect at the time of the I,,//2'O ~oreach. This is in addition to any other right/or remedies the City may have. / ~ Bid Price Form page 2 of 2 l I I I I I I I I I I I I Subject: Drive City of Sebastian, Florida Approved for Submittal by: City Manager Exhibits: None Bxpenditure Required: n/a Street Lights on Indian RiVer Agenda No. ~.~'//~. Department Origin: City Manager Date Submitted: February 17, 1999 For Agenda of: February 24, 1999 Amount Budgeted: $135,000 Appropriation Requi~ed: n/a SUMMARY Prior to the construction of the new street light project on Indian River Drive, there were 12 existing City street lights located along the length of Indian River Drive. With the illumination of the new lights it seemed unnecessary to maintain the existing lights. To determine whether these lights should or should not be removed, FP&L shielded the photo-electric cells so that the lights may be observed when they are out with the new lights on. Currently, the average price of a light for a year is $108.12. With twelve lights, the total annual cost is $1,297.44. This would equate to the saving possibility if the lights were discontinued. RECOmNDED ACTION_ Provide the staffwith direction relative to the existing 12 lights and whether any or all should be discontinued.