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04281999
CITY COUNCIL MEETING DATE: ROLL CAIja. L Mayor Wininger // Vice Mayor Neuberger / Mr. Barczyk /' Mr. Bishop ~// Mr. Majcher f MOTION SECOND ITEM NO. ~ ?f-~ ROLL CALLsI Vice Mayor Neuberger J Mr. Barczyk / Mr. Bishop Mr. Majcher ~// Mayor Wininger ~ MOTION SECOND iTEM NO. ?7' ROLL CALL Mr. Barczyk ~/ Mr. Bishop ~// Mr. Majcher J Mayor Winingcr Vice Mayor Neuberger MOTION SECOND ITEM NO. MOTION SECOND ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Wininger Vice Mayor Neuberger Mr. Barczyk ITEM NO. MOTION SECOND ROLL CALL 5 Mr. Majcher Mayor Wininger Vice Mayor Neuberger Mr. Barczyk Mr. Bishop CITY COUNCIL MEETING DATE: ROLL CA!,L ! Mayor Wininger Vice Mayor Neuberger / Mr. Barczyk ~ Mr. Bishop Mr. MajcheV' MOTION SECOND ITEM NO. ~, ~9/ ROLL CALL2 Vice Mayor Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Wininger MOTION SECOND ITEM NO. 7 ~-L9 ~ ROLL CALL Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Wininger ~/ Vice Mayor Neuberger MOTION SECOND ITEM NO. ROLL CALI~ Mr. Bishop / Mr. Majchcr J Mayor Wininger ~/ Vice Mayor Neu/berger ~/~' Mr. Barczyk ~ ~- c] 78 ,-~ MOTION SECOND ITEM NO. ~ 077 ROLL CALL 5/ Mr. Majcher Mayor Wininger Vice Mayor Neu~u~rger Mr. Barczyk ~ ...... Mr. Bishop MOTION SECOND 99.103 207-208 Discuss the Use of Filbert Street Property and Direct Staff Accordingly (City Manager Transmittal 4/22/99, Map of Property "Tract D") 99.101 175-177 Waive Sealed Bid Procedure and Authorize Staff to Negotiate Contract with Regan Masonry for Concrete Work for One Year (Public Works/Purchasing Transmittal 4/16/99, Purchasing Agent Letter and 3 Phone Quotes)(Deferred from 4/28/99 for Lack of Time) e Being no further business, Mayor Wininger adjourned the Special Meeting at SEBASTIAN CITY COUNCIL WORKSHOP and SPECIAL MEETING MINUTES WEDNESDAY, MAY 5, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Wininger called the Workshop to order at 7:00 p.m. The Pledge of Allegiahce was recited. ROLL City Council Prescnt: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. [;taffPresent: Interim City Manager, John Van Antwerp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Chief of Police, Randy White Human Resources Director, Rich Samolewicz Deputy City Clerk, Sally Maio City Council Workshop May 5, 1999 Page Two 99.083 9-14 WORKSHOP ITEMS (ITEMS FOR DISCUSSION ONL 19 Ao Wish List MeCtitlg (_City Manager Transmittal 4/5/99. 6/~4_/97 Wish Lis[ Minutes) 99.084 15-17 Bo Qual~erly Open Forums (City Manager Transmittal 4/5/99. Min.t~s Excerpts) 99.085 19-27 Co Town Hall M¢¢ting.(Cj, ty Manager Transmittal 4/5/99) 99.082 85-103 g)r~za~ace No. O-99-03 - Amending Water Restriction Plan and Imposilag Permanent Water Use Restriction - Schedule Second Reading..Ptlbli¢ IIearing and Final ,~dopticn~ for 5/26/99 (City Attorney Transmittal 4/22/99,.Q-99-03. Cl~u'rent Code) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney had distributed a revised ordinance for Council review. 99.097 147-160 ResolutionN.o. R-99,26 -Amemdmcnts to. Communications Workers.of,America (CWA} Contracl t't-hman Resources Transmittal 4/21/99, R-99-26, Exhibits) A ~LUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF U'N'DERSWANDINO TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OFAMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES DEDUCTION, MISCEllANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTiVE DATE. 99.098 161-166 Resolution No. R-99-27 - A~er)dmel~ts to Florida Police Benevolel)t,Association (PBA) Contract (J-Iuman Resgj11'~ Transmittal 4/21/99, R-99-26. E2~bibits) A RESOIJffI'ION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTiAN AND THE COASTAL FLOPdI)A POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLIfrlONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 99.103 207-208 Discuss the Use of Filbeg.~tr~t Property and Direct Staff Accordi0gly_(City Manager Trar~smitta] 4/22/99, Map of Property "Tract D"). 99.106 H. Clearing Brash from Unimproved Lots (New Item - No Backup) 5. ADJOURN WOI~SHOP AND CALL SPF,.CIAL.~MEETING TO ORDER 99.083 9-14 Mayor Wininger adjourned the workshop at __ and called the Special Meeting to order. All those in attendance for the Workshop were in attendance for the Special Meeting. SPECIAL MEETING]TEMS FOR CITY COUNCIL ACTION A. Y~ish.Li,~t Meeting (City Manager Transrajttal 4/5/99, 6/24/97 Wish List M[p~utes) 99.084 15-17 Bo Q~Itgr~ Open Forums (City Manager Trar~mittal 4[5/99, Minutes Excerpts) 99.085 19-27 Town Hall Meeting (Cit7 Manager Transmittal 4/5/99) 99.082 85-103 First Reading of Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing Permanent Water Use Restriction - Schedule Second Reading, Public Hearing and Final Adoption for 5/26/99 (City Attorney Transmittal 4/22/99, 0-99-03, Current Code) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 99.097 147-160 Resolution No. R-99-26 -Amendments to Communications Workers of America (CWA) Contract (Human Resources Transmittal 4/21/99, R-99-26, Exhibits) ARE, gOLU'rION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOL~ONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 99.098 161-166 Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract (Human Resources Transmittal 4/21/99, R-99-26, Exhibits) A RF_3OLLrEION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT.ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 99.083 9-I4 99.084 1.5.17 99.085 19-27 99.082 85-103 SEBASTIAN CITY COUNCIL WORKSHOP and SPECIAL MEETING AGENDA WEDNESDAY, MAY 5, 1999 - 7:00 P.M. CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Please refer to 4/28/99 Agenda packet for j~oclatp - Pages Numbers are Indicated on this Agenda I. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL ~YORKSHOI~ ITEMS (ITEMS FOR DISCUSSION ONL 19 A. Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes) B. Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts) C. Town Hall Meeting (City Manager Transmittal 4/5/99) Ordinance No. 0-9%03 - Amending Water Restriction Plan and Imposing Permanent Water Use Restriction - Scl~-dule Second-Reading, Public Ilcaring and Final Adoption for 5/26/99 (City Attorney Transmittal 4/22/99, 0-99-03, Current Code) AN ORDINANCE OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 99.097 147-160 99.098 161-166 99.103 207-208 99.106 99.O83 9-14 99.084 1.5-17 99.085 .19-27 99.082 85-103 99.097 147-160 Resolution No. R-99-26 - Amendments to Communications Workers &America (CWA) Contract (Human Resources Transmittal 4/21/99, R-99-26, Exhibits) A RESOLUTION OF THE CITY OF SEBAb"TIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTiVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract (Human Resources Transmittal 4/21/99, R.99-26, Exhibits) A RESO~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Discuss the Use of Filbert Street Property and Direct Staff Accordingly (City Manager Transmittal 4/22/99, Map of Property "Tract D") H. Clearing Brash f. rom Unimproved Lots (New Item - No Backup) ADJOURN WORKSHOP AND CALL SPECIALMI~ETING TO ORDER SPECIAL MEETING ITEMS FOR CITY COUNCIL ACTION A. Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes) B. Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts) C. Town Hall Meeting (City Manager Transmittal 4/5/99) First Reading of Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing Permanent Water Use Restriction - Schedule Second Reading, Public Heating and. Final Adoption for 5/26/99 (City Attorney Transmittal 4/22/99, 0-99-03, Current Code) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-99-26 - Amendments to Communications Workers of America (CWA) Contract (Human Resources Transmittal 4/21/99, R-99-26, Exhibits) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES DEDUCTION, MISCELLANEOUS PAID LEAK SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 99.098 F. 161-166 99.103 G. 207-208 99.101 H. 175-177 Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract (Human Resources Transmittal 4/21/99, R-99.26, Exhibits) A RF_SOLIJ~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UND~ANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE CO.6~TAL FLORIDA POLICE BENEVOLENT .6~SOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Discuss the Use of Filbert Street Property and Direct Staff Accordingly (City Manager Transmittal 4/22/99, Map of Property "Tract D") Waive Sealed Bid Procedure and Authorize Staff to Negotiate Contract with Regan Masonry for Concrete Work for One Year (Public Works/Purchasing Transmittal 4/16/99, Purchasing Agent Letter and 3 Phone Quotes) 7. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MAITER CONSIDERED AT THIS MEETING (OR HEAPJNG) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AblERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCO34340DATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-$330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings. Upcoming Meetings Regular Meeting- Wednesday, 5/12/99- 7pm Regular Meeting - .Wednesday, 5/26/99- 7pm Regular Meeting - Wednesday, 6/9/99- 7pm Regular Meeting - Wednesday, 6/23/99- 7pm ORDINANCE NO. 0-99-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102, Article IV, of the Code of Ordinances for the City. of Sebastian constitutes the "City of Sebastian Water Restriction Plan"; and WHEREAS, said Plan applies only during times of declared water sho~age emergencies, while year-round water conservation is in the best means of protecting the viability of the Florida Aquifer; and WHEREAS, the vast majority of the residents of Sebastian obtain their household water from well systems that are endangered by drought and water shortages, making water conservation a vital interest to the citizens of the City; and WHEREAS, the City Council finds that the interests of the citizens will be best served by amending the Water Restriction Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,/NDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 102-77 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102~77. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Water means water taken from: (1) Y-he ~ Any public water system; (2) Any groundwater system, including shallow and deep water wells drawing water from the Florida aquifer; or (3) Any surface water system~ ~,: (4) Any other publi~ water supply:. This includes, but is not limited to, any system that uses any groundwater or interconnected surface waters for a watersource, irrespective of whether the system is publicly or privately owned. Water shortage emergency means a declaration by the city council that a water shortage exists. Section 2. That section 102-78 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-78. Applicability. The provisions of this article shall apply to all individuals, legal entities and their agerltS who use water, as defined in this article, within the city. Section 3. That section 102-79 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-79, Enforcement. (a) Every city police officer or other enforcement personnel of thc city who have arrest powers pursuant to slate laws, shall be authorized and empowered to enforce the provisions of this article ~.hrottgh a noncriminal citation, with jurisdiction vesting in the county .court upQn failure of the violator to pay the same, However, where the offense is designated a misdemeanor, the_officer shall is~¥e a Notice tQ Appear before the county c~2urt. (b) In-addition to the penalties for violations provided in this axticle,-the city manager may enfoeee the provisions of this article by ovdedng-discon6nuance of service to any pcrson-violating the provisions of this article for the third and ca{3h successive violation during any declared-water shortage. If-any person's watcr supply is discontinued under the provisions of this article, such person will be required to pay all charges necessary for recormection before the city will reconnect such pe~:son's water supply. Additionally,.. the citv code enforcement officers are_authorized to enforce the provisions of thi~ ~rticle under the citation method of Code Section 2-194. If personal contact i, made with the violator, the officer shall require imm~_c!iate compliance, but if contact canr!ot be maqle the officer ~hgll prominently post notice of l~he violation and require compliance within 24 hours. N0.t. withstanding the above time limit% or the requirements of Section 2-194, if the inOividual has previously been notified of a violation this article, the officer shall immediate~ iss[t~ ~ citation~ 3 Section 4. Florida is.hereby amended to read as follows: Sec. 102-80. Exceptions to article to maintain sanitation. The city manager shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards as set forth in the county health code or when need~ perform maintenance and repair on an irrig~ti.gn system. These permits rn~..be issued wi[h conditions, shall be issued free of ch0xge and sha~ only be issued upon the showing of good cause for the uses requested. Additionally, a permit may be issued when necchi.ars, for the economic viability of a business venture, subject to the terms and conditions set forth above, for a fee of $20 for a permii of limited duration or on an annual basis for a fee of $50 when suppor~d by the ~oresaid cou.nty heaith and sanitatior~ standards. That section 102-80 of the Code of Ordinances, City of Sebastian, Section 5. That section 102-81 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-81. Penalties for violation of aeticle. (a) Violators of any-of the provisions of this article, upon conviction, shall be-subject to the followir~g penalties: (1) lzi~'st offense, fine not to exceed $25.00; (2) Second offense, fine not to exceed $50.-00; (3)- Any individual who has been convicted of a-¥iolation-ofthis article three or more-~imes during the-same water shortage emergency, upen conviction of each offense after the second conviction- during the sarnc water shortage or water shortage emcrgcnc-~ shall be deemed-to be guilty of a second degree misdemeanor and punished according to state taw for such offenses. (Jo) Each-day of continued violation shall be considered as a separate offense. 4 Year-round restrictions. Outdoor irrigation by any manner is prohibited during the gaonth§ of May througtLSeDtember between_the ho~ of 9 a.m. and 5 p.m.. and from the hours ot: 10 a.~lla grid 4 p.m. during tile months of Oetober t. hrgugh 3kpril. Locations in the city with odd-numbered addresses are_ only allowed to irrigate on Monday. Wednesday and SaturdayL Locations with even-numbered addresses or no listed address are only allowed t9 irrigate on Tuesday, Thursday and Sunda.v. However. new plantings are eot subject to the three-day rotation for an initial thirty-day period after installatign, Section 6. That section 102-82 of the Code of Ordinances, City of. Sebastian, Florida is hereby amended to read as follows: Sec. 102-82. Implementation 9f emergepc~ restricJ~pns. The curtailments and restrictions of water uses provided for in ~ agicle sections 102-83 through 102-94, b~low, shall be implemented upon a declaration at any time of~ a water shortage emergency by the city council and shall remain in effect until such time as the city council shall declare such emergency to be at an end. Section 7. That section 102-83 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-83. Landscape irrigation restrictions, domestic residential and commercial _7 existing installations. (a) For existing installations of landscaping orr residential and commercial parcels less than five acres in size W~tlk.l!n_..au/tnnattc irrilllation timip~ device, water use for irrigation is restricted to the hours of4+O0 1.q)O ll;_m. ~ to 8:4)0 5:00 a.m. 19_g,m., three days per week. (b) For existing installations of landscaping on residential and commercial parcels five acres or greater in size with an ~tutojtl_a!j_c irrigation~....timingvd.c~:~, water use for irrigation is restricted to the hours of 12:0t a.m. 9+00 6:00 p.rrt, tov.vvQ'~ ~'nt~ ~a.m., three days per week. (c) For all-existing installations iff tandscaj)illg 1>it residcrttiat and cojnmercjl~[L_llar£cls without automatic irrigation timing devices, irrigation is also permitted during_r_estri~ted,..to._the hours of 4:00 5:0.___...0_0 p.m. to- 8:00 9:0___0_0 p.m., three days per week. (d) Installations Parcels with oddrnumbered addresses are permitted to irrigate on Monday, Wednesday and Saturday. Installations Parcels with evenznumbered addresses or no addresses are permitted to irrigate on Tuesday, Thursday and Sunday. Section 8. That section 102-84 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-84. Same -- New installations. (a) Low volume imgation of plants and crops with one hose, fitted with an automatic shutoff nozzle, is permitted but conservation should be practiced. (b) For installations including home flower gardens which have been in place less than 30 days and are less than five acres in size, irrigation using automatic timing devices is [estricted to the hours of 2:00 a.m. to-&00 a.m., Monday through Friday. (c) For areas five acres or greater in s~c, in:igation is restricted to the hours of 12:01 a.m. to 8:00 a.m., Monday through Friday. (d) F-or new installations including home flower gardens without automatic irrigation timing devices, irrigation is also permitted during the hours of 4:00 p.m. to 8:00-¢.m., Monday through Friday. There are no restrictions for those watering by hand ushag tow volume methods. _L_anxtscaping installations on re~i~lential or commercial parcels that have been_ in place for thirty days or less shall hav~ the follovdng restrictions on watering: (a) Low volume irrigation systems or hand- watering is allowed, in ad4itio..n to the method~ set forth below, It any time except Detween th~ hours of 9 a.m. ~tl~t 5 p.m.. dur~og khe months of MaY through _Sc~tembgr,~jt!!d from the-llOurs of 10 a.n'o, and 4 p.m. ~IIF~PP-_II~ month~ 9f October throp:rJt Aprj[~ (b) Other irrigatio0 systems without-an automatic-timi.ng c[e',':~zc are restricted to wlttering between the hours of 5:00 p.m. and 9 00 p.m.: and ~ (cO Al! ins~ffiations ~rved by an j/'xigation ~ystero with.an_ !~utomatic ti~ine dcviee ltf-e restricted to watering b~t~yeen She hours of 5:00 p.m. ago 9:00 p.m. (e) Additionally. Gcleaning and adjusting of new irrigation systems is restricted to ten minutes per zone on a one-time basis. Section 9. That sections 102-86 through 102-89 of the Code of Ordinances, City of Sebastian, Florida are hereby deleted and said section numbers are reserved for future use. Section 10. That section 102-90 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-90. Nursery gad. agricultural, use restrictions. Inside overhead irrigation for nursery and agricultural uses are restricted to 8:00 a.m. to 8:00 p.m., seven days per week. Outside use irrigation is restricted to 7:00 p.m. to week_ 5'.00 a.m., seven days a Section 11. That section 102-91 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-91. Within three days of the declaration 9f a water ~_h_ortage emergency, cu~toq[i~'~ of, pg!~licly-gwned lands facilities must submit g watering use plan to the city manager that. while considering the manpower restraints of tke~ntit//, balanc~ the ~ame i~gain_s. Lthe policies of water conservatign such as evaporation avoidance and spreading out the t/roes and days of irrigation. (a) Irrigation of greens and tees must be accomplished during nondaytight hom:~ (b) Irrigation of fairways, roughs and nonplaying ~¢as on the first nme holes of the course is restricted to the hours of 12:01 a.m. to 8:00 a.m. on Mongay;,-Wednesday, and Saturday. (c) Irrigation of fairways, roughs and nonptaying areas on the last-nine holes of the course is restricted to the hours of 12:01 a.m. to 8-:00 a.m. on Tuesday, Thursday-and-Sunday. Coif-course u-Use restrictions ff~r public tan~f~tCjJ_i_ti¢_s. Section 12. That section 102-94 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-94. Miscellaneous use restrictions. (a) Boat washing and motor flushing is permitted for up to a maximum total of 30 minutes following operation in salt or brackish water. 8 (b) Air conditioning (water source heat pumps) use shall be restricted to water necessary to maintain temperature no cooler than 78 degrees Fahrenheit. (c) Washing and cleaning streets, driveways, sidewalks, or other nonporous areas with water is prohibited. (d) Noncommercial vehicle washing is restricted to the hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00 p.m., three days per week, using the even/odd house address method. (e) Outside pressure cleaning is restricted to-onIy low volume me~hods, seven days pcr week prohibited except by licensed Ilrofessiongls holding a v~.lid water u~e pqrmit. (f) Outside aesthetic use of water is prohibited. Section 13. That the existing section 102-95 Provisions supplemental, ~f the Code of Ordinances, City of Sebastian, Florida is renumbered as section 102-96, and in its place section 102-95 shall read as follows: Sec. 102-95. Penalties. (03 Viglators of section 102-81 shall be subject to the_following p~a~Ities: (1) First offense;_~itation amotlo[ of $25.00, roaximum finq upon convisXion in county court of $75~00: (2) SecQnd offense: citation amgunt of $50.00. maximum fine upon cgnviction Jn cgt, tnty coust of $150~ 00; _and (3) Third and subsequent offer~: citatioo 0rnount of $100,00. maximum fine upon conviction of~;250.00. _(b) Violators of sections 102-83, 102-84. and 102-;90 thrgugh 102-94 ~hall be sub, jqct to the following penaltlies: (.1) First offense: citatign amount of $50.00, m~ximum fine upon convif;tion in county court Ors 100~00: _ (2.) Second offense' citation amount of $250.00, maximum _ fine upon conviction in county court of $150.00: and 1~3) Third and subsequent offenses shall co_nstitu~e a second degree misdemeanor_ punishable in accordance with state law, 0O Ci_tlltions shall be [}aid_to t.he office 91'~¢ City Clerk at City Hall. Section 14. TEMPORARY NOTItlCATION PROVISION. Until December 1, 1999, the following enforcement notification guidelines shall be in effect for this article: (a) If personal contact cannot be made with anyone having ownership or control of a residence found to be in violation for the first time, the enforcement personnel shall leave a notice of violation posted on the front door thereof} (b) If the notice remains posted undisturbed at said location 24 hours later, a second notice of violation shall be sent by certified mail with return receipt to said address; and (c) If said violation continues more than 24 hours after delivery of the second notice, the violator shall be cited. The intent of this uncodified provision is to ensure the fair enforcement of the Water Restriction Plan against the seasonal residents of the city. Accordingly, notwithstanding the provisions above, if enforcement personnel has proof that the residence is actively occupied at the time the first notice is given, the requirement of a mailed second notice is waived. Section 15. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 16. SEVERABiLITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be 10 assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 17. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance 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 Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this __ day of May, 1999. CITY OF SEBASTIAN, FLOKIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O'Halloran, CMC/A. AE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney DRAFT SEBASTIAN CITY COUNCiL MINUTES REGULAR MEETING WEDNESDAY, APRH~ 28, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Wininger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Sam Sutter, Cornerstone Baptist Church. ROLL CALL gj~ Council Pre~ent: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. 5taff Pre~ent: Interim City Manager, john Van Antwerp City Attorney, Rich Stringer City Clerk, Katlu3rn O'Halloran Finance Director, Mark Mason Chief of Police, Randy White Public Works Director, Ten3' Hill City Engineer, Martha Campbell Human Resources Director, Rich Samolewicz Deputy City Clerk, Sally Maio Regular City Council Meeting April 28, 1999 Page Two DRAFT 99.085 99.089 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) Following discussion, Old and New Business on the agenda were amended by consensus of Council as follows: Old Business: A. 99.015 - C.R. McLellan Annual Culvert Work Orders 1-4 and Work Order 4 B. (Added) - City Manager Applicant Ranking C. (Added) - Florida Communities Trust Preservation 2000 Grant New_Business: A. 99.102 - Discuss Golf Course Operation Proposal and Direct City Attorney Accordingly A. 1. 99.104 - Direct City Manager Re: Stillman Retaining Wall Reimbursement B. 99.082 - First Reading of Ordinance No. 0-99-04 Fiscal Year 98/99 Budget Amendment. C. 99.096 - Resolution No. R-99-25 Prohibiting Parking on East Side of Indian River Drive F. 99.099 - Resolution No. R-99-29 - Tested Trades G. 99.100 - Transportation Enhancement Project H. 99.101 - Waive Sealed Bid and Authorize Staff to Negotiate Contract with Regan Masonry for Concrete Work for One Year (this item was not addressed and deferred to 5/5/99) following items were deferred to a workshop and special mee0ng on May 5. 1999. 99.083 Deferred I. 99.084 Deferred J. 99.085 Deferred K. 99.082 New Business A. 99.097 NewBusiness D. 99.098 NewBusiness E. 99.1o3 New Business J. Wish List Meeting Quarterly Open Forums Town Hall Meeting First Reading of Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing Permanent Water Use Restriction Resolution No. R-99-26 - CWA Memorandums of Understanding Resolution No. R-99-27 - PBA Memorandums of Understanding Filbert Street Property PROO.,AMAT_I_OL"{S. ANNO~CEMENTS AND/OR_PRESENTATIONS Pre~n.tati9.o of Certificates of Appreciation to Merflbers of Boy S~:9ut Troop 599 Traffic Control Assistance During Business E~o al: Riverview Park - Joseph Collins, David Albal:y, Brian Barbour, Brian Collins, Michael Dean. Bryan Frank, and Aclam Veldt Mayor Wininger presented certificates of appreciation to members of Boy Scout Troop 599. Present. atiQrl of Certificates - Shirley Kilkelly and Clay Finding - Former Tree Advisory Board Mayor Wininger presented certificate to Clay Fielding. Mrs. Kilkelly was not in attendance. Regular City Council Meeting April 28, 1999 Page Three 99.090 99.091 99.092 99.093 10. DRAFT C. Proclamation - Law Day - May 1.1999 Mayor Wininger presented the Law Day proclamation to Stanley Magruder. D. Proclamation - Municipal Clerks Week - May 2-8, 1999 - City Clerk, Kathryn O'Halloran Accepting Mayor Wininger presented the Muncipal Clerks Week proclamation to City Clerk, Kay O'Halloran. E. Proclamation - Tourism Week - May 2-8,.1999 - Jane Bishop and Lori Burns Accepting Mayor Wininger presented the Tourism Week proclamation to Jane Bishop and Lori Bums. F. Proclamation - National Nm'sos Week - May 6-12, 1999 - I~ez Fielding. Florida Nurses Association ,Acc~ti~g Mayor Wininger presented the National Nurses week proclamation to Inez Fielding and ?? CITY ATYORI~Y MATTERS · Requested that the issue of clearing vacant properties be added to the May 5, 1999 workshop agenda. There was no objection. CITy MANAGER MATTERS · Reported that thc Growth Management Department will mail alarm permit applications if someone has a special circumstances. · Said he will respond at a later date on Park Place garbage collection, perpetual care fund for cemetery, and traffic light study at Barber Street Sports Complex. CITY CLERK MATTEI~ None. CITY CQI_~CIL_ MATTER~ A. Mr. Barc~k ° Reported on the Council of Public Officials meeting relative to Indian River County's role in the Clean Water Act. · Reported on his attendance at the Citizens Against Public Pollution (BTR) meeting on April 27th sponsored by BTR Labs. · Expressed concern about cars speeding on Perch Lane and the need for the Chief to look into placing speed limit signs. B. MI, Bishop None. Regular City Council Meeting April 28, 1999 Page Four DRAFT C. Mr. Majcher None. D. Mayor Wininger Reported on an inaccurate report in the Pa:ss Journal. Denied a rumor circulating that she and ha' husband had loaned money to the Van Antwerps and stated she knew the source of the story Said the City Clerk's office has received responses to the City's request for flood insurance maps and suggested that all deadlines be met to obtain financial assistance to get FEMA maps done. Requested that the City Attorney evaluation be on the next agenda (5/12/99) Requested that the Aquatic Weed Control contract renewal be placed on the next agenda (5/12/99) E. ¥ice Mayor~tNeuberger Received a report from the Chief on a piggyback alarm ordinance which he will bring to Council shortly Mr. Barczyk requested support for Commissioner Fran Adams for designation U.S. 1 as a Scenic Highway. It was suggested that the item come back to the next meeting (5/12/99) 11. ITEMS DEFERRED FROM THE 6PRIL 14,1999 REGULAR MEETING 99.083 ~).0~4 99.085 Wish List Meeting (City. Manager Transrai~t 415/99, 6124/97 Wish List Mirmtes) Quarterly Open Forums (City Manager Trmsmittal 4/5/99, Minutes Enecrpts) Tow~ tlatl-Meeting (City Manager Transmittal 415190) These items were deferred to May 5, 1999. 12. CONSENT AGENDA ~tll items on the consent agenda ar~ considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member ofCio~ Council ao requests; in which event, the item will be removed and acted upon separate~),. A. Approval of Minutes - 4/14/99 Regular Meeting 99.094 Approve Tentative 1999/2000 Fiscal Year Budget Calendar (Finance Director Transmittal 4/22/99, Calendar) Thc Interim City Manager read thc consent agenda. MOTION by Barczyk/Majcher "I recommend the meeting be approved. (consent items A and B)" VOICE VOTE on the motion carried 5-0. Regular City Council Meeting April 28, 1999 Page Five DRAFT 13. PUBLIC HEA~NG - None 14. INTgODUCTION OF NEW BUSINI~SS FROM THE PUBLIC Item that ha.~ occurred or was discove~d within the previous six months which is not otherwise on the agenda - ~ign-up required - limit often minutes for each speaker Herbert Sturm, 549 Saunders Street, Sebastian. public input and agenda modification procedures. TAPE I- SIDE II (7:49 PAt.) 15. COMMITTEE REPORTS/RECOMMENDATIONS Charter Review Com~itte~ (City Clerk Transmittal 4/20/99, Resignation Letter, One Application) 99.065 I. Accept Resig0ation of StevCn Muncbak MOTION by Wininger/Bishop "I move to accept the resignation of Steven Munchak from the Charter Review Committee." ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 2. Appoint One At-Large Member MOTION by Wininger/Bishop "I would move that we appoint Louise Kautenberg to the Charter Review Committee." ROLL CALL: Vice Mayor Neuberger - aye Mr, Barczyk - aye Mr, Bishop - aye Mr, Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 5 Regular City Council Meeting April 28, 1999 Page Six DRAFT l~ecmation Advisory Board (City Clerk Transmittal 4/20/99, Resignation Letter) 99.009 1. AccepLRcsignation ofNan~ Pfister MOTION by Barczyk/Bishop "I move that we accept the resignation." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wiainger - aye Vice Mayor Neuberger . aye Mr. Barczyk - aye MOTION CARRIED 5-0 Tree Advisory Board (City Clerk Transmittal 4/19/99, 2 Applications, Member List, Ad) 99.089 1. interview and Appoint tO Two Regular Mcaiber Positions with Terms to E~pire 4/2001 It was noted that Irene Whimey had withdrawn her application. MOTION by BarczyldMajcher "I'd like to recommend that Virginia Gordon be appointed to the permanent position." ROLL CALL: Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger . aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 6 Regular City Council Meeting April 28, 1999 Page Seven DRAFT 16. OLD BUSLNI~SS 99.015 A. C.R. McLellan Annual Cujvert Contract - Approye V~ork Orders I,-4 iq tb~ Amount of $53,807.55 ~d Work Order ! in_the Amount of$22.~53.55 - Deferred from 4/14/99 (Ciw Manager Trans~aitt3j 4/21/99, McClellan ~etter, Certificate 9f Liability, Certificate of Premium Payment, Engineering/ Publi~Worl~$ Transmittal 4/7/99, Work Orders) Vice Mayor Neuberger responded to the contractor's letter in the packet, stating for the record, his (Mr. Neuberger's) son is an employee and is properly licensed. Discussion took place on whether Mr. McLellan's partner had valid Workers Compensation. MOTION by NeubergerAVininger "I would like to make a motion to defer action and have the City Attorney look into the legal ramifications here and what's being said and what's being done." Vice Mayor Neuberger said he would like the item deferred to the next scheduled meeting. ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 old B. City Manager Ranking Mayor Wininger requested each Councilmember to rank the four applicants. MOTION by Barczyk/Majcher "I'd like to make a motion that what we agreed upon at the interview on Saturday that we rate them from one to four and the number one person gets the four points, the number two individual gets three, number three gets two, and the last person gets one." Each Councilmember wrote his/her ranking, signed it and provided it to the Human Resources Director for counting and disclosure. Marilyn ???, South Easy Street, Sebastian, questioned legality of changing criteria and deadlines. 7 Regular City Council Meeting April 28, 1999 Page Eight DRAFT The Human Resources Director announced the results as follows: Terrence Moore - 15 Eric Meserve - 11 Cohen Bond - 12 John Van Antwerp - 9 He said he background checks have begun and he will report back to Council for final action. 99.105 C. Florida Communities Trust Preservation 2000 Gr~[ (this item was added [o the agenda,) The Interim City Manager presented staff's request for direction on an available FCT grant for purchase of approximately two acres adjacent to the property being sought for purchase (Good Guys) through a FRDAP grant. (see backup attached). MOTION by Neuberger/Majcher "I make a motion we appropriate not to exceed $8,230 to Cape Canaveral Scientific in pursuit of the grant for the piece of property described as the proposed two acres FCT land acquisition." It was noted that this was a 100% grant and the purchase price would be negotiated by the state. TAPE II - SIDE I (8:31 p.m.) ROLL CALL: Ma'. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 Mayor Wininger called recess at 8:32 p.m. and reeonvened the meeting at 8:47 p.m. All members were present. 17. ~IEW BUSINESS 99.102 (I.)Di~cl~$~ Golf Course Operation Proposal and Direct City A~torney Aqcordingly (City Manager Transmittal 4/20/99, Proposal, Golf Professional Services Agreement Bel3vqen City and Cerjan.~ The following individuals addressed City Council in support of Pau'ick Cerjan's proposal to amend his contract to enable him to be off-site during summer months: - Cranford Sproul, Oak Street - Dr. Valerie Beale, Brookedge Terrace - Thomas Wojciekowski, Main Street - John Panasany, Quarry Lane - Jack Falk, Main Street - Art Firtion, South Fischer Circle - Brian Beale, Brookedge Terrace - Pauline Hammond - Greg Gardner, Vocelle Avenue (GC employee) DRAFT Regular City Council Meeting April 28, 1999 Page Nine Pat Cerjan presented his proposal and City Council discussion followed. It was the consensus of Council that Mr. Cerjan submit a revised contract to thc City Attorney for his review and submittal to Council for action. 99.104 A. 1. (K.) Direct City Manager Re: S[illman Retaining Wall Reimbursement (City Manager Transmittal 4/22/99, Stilljmn Letter, MGB Cons.t~egion_Packet~ Attorney Memo) TAPE II - SIDE H (9:33 p. m.) Chuck Stillman, Blossom Drive, Sebastian, addressed Council on his request for reimbursement for a retaining wall he was required to install by city staff following construction of his pool; and a lengthy City Council discussion followed. Following It was suggested that the Stillman's approach their contractors for possible reimbursement. MOTION by Neuberger/Wininger "I'd like to make a motion that we defer until they can contact and apprise us as to what the builders say and then bring it back for further action." There was a consensus on the motion. ~.os2 A. Firet Readitl~:of Ordinance No. 0-9%03 - Amending_Water Rmtriction Plan and Imposing. ~rmanent Water Use Re~triction - Schedule Se¢orld-R~:eding:.P_utllic_Iicaring and Firllll Adopticnt for_. 5126199 (City Attom~ Transmittal 4t22/99. O,O9~;3.6ttr~nl ~gfl~ as mmoa{cE or ~ I~Cmr or SEBASTIAlq, IND~ RIX/ER COUNxI:Y, FLORIDA, AMENIMIq~ TIIE CITY OF SEBASTIAH WATER RESTILICTION ItAO;~, PROVIDING r~R CONTLICT~ PROVIDING ~OR SEVERABILITY; PROVIDING FOR Alq EITEC~FtNE DATE. Deferred to May 5, 1999. 99.095 B. FirstReadir~g of Ordinance No. O-99-04 -[i~.~l Y~I' 19_98/1..~99 Bud~t Amell~hll¢nlc- Schedule Second Reacting, Public Hearing and Finill_A~lJ9~ for ~5Z:~6/99 (Firlollce Dire~:~;o£ Transmittal 4/21/99, Memo. 0-.09-04) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED, ADJUSTED AND REVISED BUDGET FOR THE FISCAL YEAR BE~INNIN~ OCTOBER 1,1998 AND ENDIN~ SEPTEMBER 30, 1999 AS PROVIDED FOR IN EXHIBIT "A", GENERAL FUND; EXHIBIT "13", SPECIAL REVENUE FUNDS; EXHIBIT "C", DEBT SERVICE FUND; EXHIBIT "D", CAPITAL PROJECTS FUNDS; EXHIBIT "E", GOLF COURSE FUND; EXFiIBIT "F", AIRPORT FUND; EXHIBIT "G" TRUST FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-04 by title only. 9 Regular City Council Meeting April 28, 1999 Page DRAFT Mayor Wininger complimented the Finance Director on the amendment and noted that new positions and new equipment purchases have to come before Council. MOTION by Barczyk/Neuberger "i'd like to recommend that the ordinance be approved." (passed on fn'st reading, set a date [5/26/99] and authorize advertisement) ROLLCALL: Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 99.096 Resoluti_~nNo. R-99-25 -Prohibiting Parking on East Side ~fJ~dian River.I~ve -Repealg R-97-67 (,Police Chief Transmittal 4/21~/99.~ R_-99-25) A RESOLLrHON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R~97-67, ESTABLISHING 'NO PARKING ON THE EAST SIDE OF INDIAN RIVER DRIVE' PURSUANT TO 0-97- $$; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDINO FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attomey read Resolution No. R-99-25 by title only. Discussion took place on the difference between parking restriction and prohibition; and the availability of parking for certain businesses on the west side. TAPE 1II- SIDE I (10:22 p.m.) MOTION by Barczyk/Bishop "I'd like to make a motion that we approve the first reading of this or the ordinance." (Resolution No. R-99-25) ROLL CALL: Mayor Wininger - aye Vice Mayor Neubergcr - aye Mr. Barezyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 10 Regular City Council Meeting April 28, 1999 Page Eleven DRAFT 99.097 D. 99;098 E. 99.099 F. [t. esotu, tion No. R-99-26 - Anl~ndments to t~.onununications Workert.of AIileri'c~'(CWA) Contraetz Otxtman Resqn~rc~s Transmittal 4/21/99, R~s')%26, EMfibits) A RESOLLrrlOH OF-TIIE CITY OF SEBASTIAN, Itl'DIAN l¢29rER cOErNTY, t~ORIDA, ADOPTING TIIE MEblORANDUMS OF I_INDEI~TAlqDINC TOTHE COLLECTIVE BARGAibCING AGREI~IDrr DY AND DETWEE~ TIlE CItY OF SEBASTIAN AND TIlE COM~IUNICATIO~S WORKER-S-OF AMERICA;-txRO~G ADDtTIOIqS AND CHANGES OF SUCII WORDING IN DUES DEDUCTtOH, MISCEL/r.,Ah~EOUS tXAtD-LEAYE, SICK LEAVE, PtN'WUAL LEAVE, .IIOLIDA¥S, PROMOTIONS, TRA24SYERS, AND ADJUSTMENTS AND ILETIREMENT C~UTIO~' IN TIlE CONTRACT AGREEblENT, PROVIDING FOR REPEAL OF RESOLUTIOH'S OR PARTS or RESOLUTIONS IN CONt~ICT I IEREWI-Tf I, AND PROVIDinG FOR AN ErlI;C~ DATE. Deferred to May 5, 1999. Roaotufigr~ No. R-99-27 - Amomlrncnts to Florida Poli~ Benev~Loat Posociation {,FIB. A) Contract (I Iun~ Resources Tr0nsmittal' 4/2t/99, R-99-26, Exhibits'l A RESOLL1TIOII OF TIlE CITY--OF SEBASTIAN, tNtMA~I R:F'v'ER-tgOWhv~Y, FLORIDA, ADOPTING TIlE ' blEbl~ OF UNDERStANDInG TO TIlE COLLEC~ BARGAINIIK; AGILEElwI~II DY AlqD BETWEEN TIlE CITY OF SEBASTIAN AND TIlE COASTAL FLORIDA POLICE BEtfEVOLENT ASSOCIATION, INC, PROVIDING FOR ClIANC~ OF SUCI tANNUAL AND ~CK ACCRUAL RATES IN TIIE CONT1LACT-A~REEMENT, PROVIDING FOR REPEAL OF RESOL~lqONS OR PARTS OF RESOLUTIONS IN CONYLICT tIEREWITIL AND PROVIDING FOR Alq, EFFECTIVE DATE. Deferred to May 5, 1999. Resolutigr~ No. R-99-29 - Tested Trades (Transmittal 4/22/99, R-99-29, Construction Board Minut~s~ A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LIST OF TESTED TRADE TO INCLUDE UNLIMITED MASTER ELECTRICIAN; ESTABLISHING TERMS THEREFORE; PROVIDINO FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attomc'y read Resolution No. R-99-29. MOTION by Neuberger/Barezyk "I would move to defer this resolution until we get the results of the House action which is going to ban the City from selling any licenses to registered or certified people after the first of July and now we're going to test people for a license that we can't sell them." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 11 Regular City Council Meeting April 28, 1999 Page Twelve DRAFT 99.100 G. 99.101 H. 18. Transpo~tlfiQn E~h.ancemellt Project - Authorize Staff-to Prepare Application to MetropQlitan Planning Organization for Sidewalk~ all.d Education Trail (Public Works/City Engineer Tran~lnittal 4/19/99) The City Engineer briefly explained the request to submit the application to MPO. MOTION by Neuberger/Bishop "I move to direct staff to prepare the application." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majeher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 Wai¥¢ $¢aJCd~ttjd Pro~..edure lad Authorize Staffto NCgot~e Contract '~ith Regan Masonry for Concrete Wgrk for Orl~ Year {PubJje Work.qPurchasing Trapsmittal 4/I 6/9~9L Purchasing Agent I~etter and 3 Phone Quotes) MOTION by Barczyk/Bishop "I make a motion that H be moved to next Wednesday our special meeting." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 l)i~euss thc Usc of Fitbcrt Stt'eet_Property and Direct Staff--Accordingly (City M~gcr Transmittal 4/2~/gt~Mllg o.f.~w ~ "Tract D") Deferred to May 5, 1999. Mayor Wininger adjourned the Regular Meeting at 10:30 p.m. 12 Regular City Council Meeting April 28, 1999 Page Thirteen DRAFT Approved at the · 1999, Regular City Council Meeting. Martha S. Wininger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 13 PENDING LIST (This list consists of City Council ,Agenda Items with Pending Action) Council directives given during council matters are not included in this list but are indexed in a separate fiIe Updated 4/30/99 99.007 Construction BoardRecommendation to Remove Billy Doyle from Board for Non-Attendance in Accordance with Section 2-173 of the Code of Ordinances - 1/13/99 agenda - deferred to 1/27/99 - removed - Construction Board - 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 - 2/24/99 agenda - Alloco appointed engineer position - reqdverti~e fgr contractor 99.009 Recreation Advisory Board Recommendation to Remove Randall Snyder fi.om Board for Non-Attendance in Accordance with Section 2-173 of the Code of Ordinances - I l13/99 agenda - deferred to 1/27/99 - removed - Recreation Advisory Board - Accept Resignation of Nancy Pfister - 4/28/99 agenda - accepted - adv~'tis~ position 99.015 Approve Work Orders 1 through 3 of C.R. McLellan Annual Culvert Replacement Contract in the Amount of $30,121.30 (see 98.025) - 1/13/99 agenda - deferred to 1/20/99 special meeting - approved - Authorize Expenditures of $32,271.90 for Culvert Replacements and $12,578.01 for Side Yard Pipe Installation to C.R. McLellan, the Annual Culvert Replacement Contractor - approved - C.R. McLellan Annual Culvert Contract - Approve Work Orders 1-4 in the Amount of $53,807.55 and Work Order I in the Amount of $22,553.55 - 4/14/99 agenda - postponed to 4/28/99 for Neuberger question re: subcontracting - C.R. McLellan Annual Culvert Contract - Approve Work Orders 1-4 in the Amount of $53,807.55 and Work Order I in the Amount of $22,553.55 - Deferred from 4/14/99 - 4/28/99 agenda - deferred to 5/12/99 regu~r_lIleeting for City Attorney opinion on workers comp 99.042 Discuss City Manager Issue - Interim Manager and Applications - 2/I 0/99 agenda - Van Antwerp appointed interim beginning 2/t9/99 at 4:30 pm and Council to submit top ten names to Human Resources by 3/8/99 - Council consensus to interview 7 top and Interim City Manager John Van Antwerp on 4/24/99 at 9 am - candidates ranked at 4/28/99 meeting as follows: Moore 15, Bond 12, Meserve 11, Van Antwerp 9 - HPman Resources Director to complete background checks and report to Council 99.043 Salary Ranges for Exempt Employees - 2/10/99 agenda - deferred for report by Hmllan Resources - comparison of union s0j~'ies in surrounding areas 99.048 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 - 2/24/99 agenda - approved release of reverters subject to agreeme3t between City and County Attorney and preparation of instruments provided sales agr~elll~t between SVFD and IRC is reached 99.054 Direct StaffRegarding Twelve Street Lights on Indian River Drive - 2/24/99 agenda - keep off 12 lights currently off and check with CDBO_project contractor re: new lights 99.078 Adopt Resolution No. R-99-23 Declaring Surplus Property - 4/14/99 agenda - adopted - Cio Manager [9 II,ti,fY Council of bid opening date and copy legal ad - f~ture agenda item to determine use of funds 99.082 Consider Implementation of Water Restriction - 4114/99 agenda - City Attorney to draft ordinance - First Reading of Ordinance No. 0-99-03 - Amending Water Restriction Plan and Imposing Permanent Water Use Restriction - Schedule Second Reading, Public Heating and Final Adoption for 5/26/99 - 4/28/99 agenda - deferred to 5/5/99 workshop and special ineeting 99.083 Wish List Meeting - 4/14/99 agenda - time ran out - deferred to 4/28/99 - deferred to 5/5/99 workshop and special 99.084 Quarterly Open Forums - 4/14/99 agenda - time ran out - deferred to 4/28/99 - deferred to 5/5/99 workshop and special meeting 99.085 Town Hall Meeting - 4/I 4/99 agenda - time ran out - deferred to 4/28/99 - deferred to 5/5/99 workshop and special 99.089 99.094 99.095 99.097 99.098 99.099 99.100 99.101 99.102 99.103 99.104 Presentation of Certificates - Shirley Kilkelly and Clay Fielding - Former Tree Advisory Board Members - Tree Advisory Board - Interview and Appoint to Two Regular Member Positions with Terms to Expire 4/2001- 4/28/99 agenda - presented - mail to Kilkelly - Virginia Gordon appointed to regular term to expire 4/2001 -xeadverlise for r_emainiag three positions Approve Tentative 1999/2000 Fiscal Year Budget Calendar - 4/28/99 agenda - approved - lqave this number uotjl b. udg~ ~dopted First Reading of Ordinance No. 0-99-04 - Fiscal Year 1998/1999 Budget Amendment - Schedule Second Reading, Public Heating and Final Adoption for 5/26/99 - ~2_~!~9 3genda Resolution No, R-99-26 - Amendments to Communications Workers of America (CWA) Contract - 4/28/99 agenda - dgferred to 5/5/99 workshop and special meeting Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract - 4/28/99 agenda - qlff,.erred to 5/5/99 workshop and special meeting Resolution No. R-99-29 - Tested Trades - 4/28/99 agenda - deferred for House aotion on_licensing Transportation Enhancement Project - Authorize Staffto Prepare Application to Metropolitan Planning Organization for Sidewalks and Education Trail - 4/28/99 agenda - staff authorized to apply to MPO for grartl Waive Sealed Bid Procedure and Authorize Staff to Negotiate Contract with Regan Masonry for Concrete Wbrk for One Year - 4/28/99 agenda - deferred to 5/5/99 specia/mee~g Discuss Golf Course Operation Proposal and Direct City Attorney Accordingly - 4/28/99 agenda - consensus of Council to concur with proposal - Cerjan to submit_revised agret~ment to Council for approval Discuss the Use of Filbert Street Property and Direct Staff Accordingly - 4/28/99 agenda - deferred to 5/5/99 workshop and special meeting Direct' City Manager Re: Stillman Retaining Wall Reimbursement - 4/28/99 agenda - deferred until Stillmans can ~{lak to_builder~ and brii~g b_act5 to council 99.105 99.106 98.O2O 98.042 98.075 Florida Communities Trust Preservation 2000 Grant - Apply for purchase of property adjacent to Good Guys - added to 4/28/99 agenda - staff directed to gontroq~ with Cape Canaveral $cientitic not to exceed $8,230 to pursue grant Clearing Vacant Lots - 515199 workshop agenda 1998 (was 97.274) Review Riveffront Zoning - 12/16/97 workshop agenda - not addressed - carried to January workshop - 1/22/98 - review not completed - workshop scheduled for 2/2/98 - review completed and two minor changes made - 2/11/98 City Council comus to change proposed residential (yellow) area in north to mixed residential/commercial (orange) after property owners addressed them on it - vropo~d Rivm'fi'ont zoning to b~: included with overall city rezoning and brought_back in ordj~anee form Directional Signs in City Right-Of-Way - Provide StaffWith Direction - 2/11/98 agenda - Council concurred with allowing these types of signs in r.o.w. - ~taff to come back with specifics Tennis Program at Schumann Park - Indian River County Recreation (was 97.262) - 3/25/98 agenda - City Manager directed to take Danise, Berkheimer and IRC proposals back to Recreation Advisory Board and come back with recommendation to Council - Authorize City Manager to Negotiate Agreement with Indian River County Recreation to Handle Tennis Programs at Schumann Tennis Courts - 7/8/98 agenda - City Manager to_llegotiate with_IRC lgee with certain provisions protecting Sebastian_residents and come back with agl-eement for approval 2 98.107 98.150 98,205 98.221 97.051 97.211 97.250 97.271 96.021 96.033 96.131 Proposed False Alarm Ordinance - 5/13/98 agenda - placed on 6/10/98 agenda - to be placed on a future workshop agenda - 8/19/98 workshop - staffto proc~.~! bring.back ordinattc~ for review Proposed Land Development Code (LDC) Revisions - 8/5/98 Workshop - consensus to use Solin for review - City Manager to bring agreement back to 8/12/98 - Approve Contract with Solin and Associates, Inc. for Review and Revision of Revised Land Development Code - 8/12/98 agenda - approved and funding approved from undistributed non-departmental not to exceed $34,000 - use this number for LDC review Disbursement of Surplus Property - 11/18/98 - City Attorney to dral~ ordinance Use of City Stationary (Requested by Vice Mayor Wininger) - 12/16/98 agenda - Attorney to draft resolution 1997 Discuss Park Use Policy - 1/22/97 workshop - City Attorney to draft ordinance for another workshop - 5/28/97 discussion City Manager distributed draft recently - workshop asap - 6/11/97 workshop - revisions made - [o come back to council- ¢i~ Attorney working on proposal to add skateboard regulation - report 5/1 ~/98 -xepoL-t_6J_lOL9~ Presentation by Advanced Communications Network, Inc. - Cable Service - 9/3/97 agenda - ~ity Manager to begin prelinlinary negotiations and come back to Council Consider Bench Advertising by Sebastian Lions Club - 10/22/97 agenda - q0ll~jder on US 1 and CR 512 at this time staffdirected_to bring bac_Kj'eport - 3/25/98 City Manager to work with Barnhill oi1 agj'eement while code is being amended Discussion and Direction to Staff- Extension of Water Mains for Businesses Located West of US I and North of Main Street - 11/19/97 agenda - time ran out - deferred to 12/3/97 - City Manager to oi~jn property owner input and report back to Council 1996 RESOLUTION NO. R-96-12 - Amending Airport Field Rules Section V - Parking and License Form - RESOLUTION NO. R-96-13 - Rescind Sebastian Aero Services Parking Agreement - 1/24/96 agenda - postponed to 2/14/96 - City Manager to notify tenants - not on 2/14/96 - update rq>ort at 6/26/96 meeting on pending list - City Manager to address - t0/2/96 review ofpendinglist - Cily Manager reported notices still need to go out ORDINANCE NO. O-96-07 - Employee Career Service System - 1st Reading, Set Public Hearing 3/13/96 - 2/14/96 agenda - tabled to 2/28/96 at request of City Attorney - deferred at request of City Manager at 2/28 meeting for further review - 6/16/96 City Manager report - ordinance forthcoming 8/14/96 pending list review - City Manager said the document is done but that he wanted staffreview prior to bringing it to Council - 10/2/96 review of pending list - on hold u~til Hmllag tgesources Director on boaj'd - flew l~olic,.v written iO, 1997 and being reviewed into 1998 - new ordimlnce numb~ will be assigned in 199g 1999 Refine Code Re: City Council Expenses - 6/10/96 agenda - Cartwright suggested all expenses be presented for payment within 60 days or before end of fiscal year - Finance Director is working on a travel and per diem policy - City Manager to review code - 8/14/96 Barnes requested this be 8/28/96 - establish policy like employee policy - 8/28/96 agenda - staff directed to bring back ordinlglce amending 2-34 and resolution establishing travel expeItsg pgliey - 12/18/96 review of pendillg list - need for docunlertts noted CouIl~:i]s Manager and CiD' Attorney Mal.tcr$ lleginnrling 3/~4/99 Ending 3/2000 Mmutger Matters City Council orientation for Tuesday, March 30, 1999 at 9:00 a.m. - 3/24/99 Said he had received a request for a Prayer Ceremony on Thursday, May 6, 1999 for Intemational Day of Prayer. No objection - 4/14/99 Reported on Halloween presentations given by churches and was asked whether there was any conflict with City functions. The City Clerk said there was no conflict. - 4/14/99 Reported that the Growth Management Department will mail alarm permit applications if someone has a special circumstance - 4/28/99 Said he will respond at a later date on Park Place garbage collection, perpetual care fund for cemetery, and traffic light study at Barber Street Sports Complex - 4/28/99 A~gIIIOy Matters reported on the Angler's Obsession Code Enforcement case - 3/24/99 discussed the codification of the Land Development Code, encouraging City Council members to inform him if they see other areas that may need amendment. He said he would like to bring back something to Council mid April. - 3/24/99 Reported on receipt of the executed deed to the Filbert Street property from Indian River County. Mayor Wininger requested use of the Filbert Street property be placed on the next agenda - 4/14/99 Requested that the issue of clearing vacant properties be added to the May 5, 1999 workshop agenda. There was no objection. - 4/28/99 Clerk Matter~ None Wininger Matters Requested that Resolution No. R-97-21, meeting procedures be placed on a March 30, 1999 special meeting agenda, followed by the orientation. The City Attorney said he would place the Charter Review Board ordinance on the March 30, 1999 special meeting agenda for first reading. - 3/24/99 Recommended a Council wish list workshop be scheduled - 3/24/99 Requested that the format for quarterly forums be placed on the April 14, 1999 agenda. Mr. Neuberger requested a copy of the forum list. - 3/24/99 Requested placing the possibility of scheduling a town hall meeting on the April 14, 1999 agenda - 3/24/99 Requested an agenda item on the Filbert Street property when official notice is received - 3/24/99 Recommended that citizen letters received a response of some sort - 3/24/99 Cited a letter from Ken Macht regarding the pending expiration of the one cent sales tax and asked that the letter and attached resolution be copied to the Council and placed on an agenda for action - 3/24/99 Reported that the City Clerk has received acknowledgments to the FEMA flood map request Invited all residents to offer input to Council - 3/24/99 Asked why staff cannot mail residents a security alarm application. - 4/14/99 Reported on receipt of a response to Council's flood map request from DCA - 4/14/99 Noted a letter from BTR Labs regarding an education program and requested a Council liaison for the grant meeting on April 27, 1999 from 2-4 pm. Mr. Barczyk volunteered. - 4/14/99 Asked about notification to residents regarding credit for lack of service by Falcon Cable franchise. - 4/14/99 Discussed a petition from residents requesting a street light on Barber Street near the ftre station and requested a report within a month. - 4/14/99 Discussed the City Manager interviews on April 24, 1999, and advised it is important that each Council member have one standard question they ask of all applicants. - 4/14/99 Discussed a letter from Corum regarding Vickers Grove sandmine public safety issues and requested the City Manager to contact Mrs. Corum to discuss the issues. - 4/14/99 Discussed a letter regarding aircraft complaints. - 4/14/99 Reported on Fourth of July festivities, suggesting a City booth in Riverview Park for distribution of City information. - 4/14/99 Reported on an inaccurate report in the Press Journal - 4/28/99 Denied a rumor circulating that she and her husband had loaned money to the Van Antwerps and stated she knew the source of the story - 4/28/99 Said the City Clerk's office has received responses to the City's request for flood insurance maps and suggest~,.d that all deadlines be met to obtain financial assistance to get FEMA maps done. - 4/28/99 Requested that the City Attorney evaluation be on the next agenda (5/12/99) - 4/28/99 Requested that the Aquatic Weed Control contract renewal be placed on the next agenda (5/12/99) - 4/28/99 2 Neuberger Matters Reported on last week's Metropolitan Planning Organization meeting - 3/24/99 Suggested Council attend the Tuesday, April 20, 1999 meeting at 5:30 p.m. with the Charter Review Committee to let them know what Council is looking for. All stated they could attend. - 4/14/99 Asked why other than the city franchised trash hauler picks up within Park Place, and the City Manager said he will investigate. - 4/14/99 Discussed resident concerns about overgrown unimproved lots; and inquired about City money spent and liability issues in maintaining them. - 4/14/99 Reported on the MPO meeting re: new 1-95 interchange, and future sidewalk plans and public transportation needs - 4/14/99 Reported on the Treasure Coast Council of Local Governments - 4/14/99 Received a report from the Chief on a piggyback alarm ordinance which he will bring to Council shortly - 4/28/99 agenda Barczyk Matters Reported that he had received copies of seven charters from other cities from Florida League of Cities and was advised to give copies to the City Clerk - 3/24/99 Discussed a proposal for a Skateboard park - 3/24/99 Reported on calls he had received on cars speeding on Barber Street and Schumann, the need for a traffic light at the intersection of Barber/Schumann; and planes flying too close to homes. The interim City Manager said he would talk to Skydive Sebastian again regarding airport rules and regulations. - 4/14/99 Reported on the Council of Public Officials meeting relative to Indian River County's role in the Clean Water Act. - 4/28/99 Reported on his attendance at the Citizens Against Public Pollution (BTR) meeting on April 27th'sponsored by BTR Labs. - 4/28/99 Expressed concern about cars speeding on Perch Lane and the need for the Chief to look into placing speed limit signs. - 4/28/99 Requested support for Commissioner Fran Adams for designation U.S. 1 as a Scenic Highway. It was suggested that the item come back to the next meeting (5/12/99) - 4/28/99 Bishop Matters Said he will resign his position on the Chamber of Commerce Board of Directors due to a conflict with his assignment as Council liaison to the Chamber. - 4/14/99 Reported that the liability bill relative to skateboard park has passed the House and Senate; noted that the last Skateboard meeting was not held due to lack of attendance; and urged grant funds be sought. The City Attorney advised that Councilmembers may become involved but must comply with the Sunshine Law and Mr. Bishop volunteered to act as liaison to the Skateboard Committee. Council concurred. Mr. Majcher suggested inviting park developers to address City Council and the interim City Manager was directed to set up a meeting. The City Clerk said the Chief of Police had visited another City and brought back photos and that she would locate them and copy them to Council. - 4/14/99 Majcher Matters Reported on calls regarding the need for repairs to Midvale Terrace. Staffwas directed to provide a copy of the paving program list to Mr. Majcher. - 4/14/99 ACTION_LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 4/28/99 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 plaeefl in clips within the file City Manager, City 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. 99.088 Presentation of Certificates of Appreciation to Members of Boy Scout Trool~ 599 Traffic Control Assistance During Business~Expo at RiverviewJ?ark - Joseph Collir~s. David Albury, Brian Barbour, Brian Co[lir~,.Michael Dean, BIY~ Frank. and Adam yeiflt - presented copy minutes to PD 99.089 present0fi0n of Certificates - Shirley Kilkdl3~ and Clay Fielding - Former_Tree Advisory l~oard Members - presented copy minutes to file 99.090 Proclamation - Law Day - May 1. 1992 - presented copy to vault - CITY COUNCIL - 99 Proclamations 99.091 Proclamation - Municipal Clerks Week - Moy ~-8.. 1999 - City Clerk, Kaflu~ O'Hallor~ Acc~ting - presented copy to vault - CITY COUNCIL - 99 Proclamations 99.092 Proclamation - Tourism Week. May 2-8, 1999 - Jane Bishqg and Lori Bums Accepting - presented copy to vault - CITY COUNCIL - 99 Proclamations 99.093 Prq~l~jll0tion - Notional Nurses W_~k - May 6-12. 1999 - Inez Fielding, Florida Nur.,~_~ Association A~;~pting - presented copy to vault - CITY COUNCIL - 99 Proclamations 99.083 Wish List Meeting - deferred to 5/5/99 workshop and special 99.084 Quarterly Open Forties - deferred to 5/5/99 workshop and special 99.085 Tow Hi~]I Mee00g - deferred to 5/5/99 workshop and special 99.094 99.065 99.009 99.089 99.015 Approvol of Mimltes - 4/14/99 Regular Meetirig - approved sign, seal - place in book ~pprove Tentative 1999/2000 Fis~! Year Budget CalcJldlt - approved copy minutes to file update monthly calendar update \wp-min\99meet. wpd update \wp-min\upcoming.wpd post calendar on front board Charter Review Committe~-.Aeeept Resigll~t~ijgn of Steven Munchak 2. Appoint One At- Large Mernber- Louise Kautenberg appointed copy minutes to file letter to Kautenberg with appropriate backup update board handbook - distribute pages file vault - BOARDS/COMMITTEES - Charter Review Committee Recreation Advisory Board 1. Aozqpt l~signation of Nancy Pfister - accepted copy minutes to file letter to Pfister advertise for new member update board handbook - distribute pages file vault - BOARDS/COMMITTEES - Recreation Advisory Board Tre~ Advisory Bgard 1. Interview and Aplloint to THO RCg~lar. M~nl>~r Posilioil$..w[th Terms to Ejpire 4/2001 - Whitney withdrew - Virginia Gordon appointed to one regular position copy minutes to file letter to Gordon with appropriate backup update board handbook - distribute pages readvertise for other members file vault - BOARDS/COMMITrEES - Tree Advisory Board C.R. McLellan A~ual Culvert Contract - Approve WQr~ Orders 1.-4 itl t3¢as~jllount of $5.3,807.55_ and Work Order 1 in the Amoul!t 9f$22,553.55 - Deferred from 4/14/99 - deferred to next scheduled meeting (5/12/99) for City Attorney opininn on workers comp letter to McLellan (who??) file pending credenza - 1st regular meeting 99.082 99.095 99.096 99.097 99.098 99.099 First Reading of Ordinance blo~ 0-99-03 - Amending W~lI~r Restriction Plml md Impo~i3g Eermanent Water Use Restriction - Schedule Second Reading. Public Heafil~g angl Final Adoption for 5/26/99 - deferred to 5/5/99 workshop and special copy minutes to file file pending credenza First Readiog of Ordiaatl¢..e No. O-99-04 - Fiscal Year 1998/1999 Budget Amendment - Schedule Second Reading. Public Hearing and Final Adoption for 5/26/99 - approved on 1st reading - ph on 5/26/99 copy minutes to file advertise 5/26/99 ph in PJ legal ads on 5/12/99 file pending credenza Resolution No. R-99-25 - Prohibiting Parking on East Side of Indian Riy~r Drive - Repeals R-97-67. adopted obtain corrected first page (reference to date of adoption of R-97-67 should 10/8/97) sign, seal - copy to fide, counter, Ann for front desk, PD, PW, GMD blueback original.- file vault - 99 ORIG RES file backup in vault - 99 RES BACKUP ' update \wp-rest'-99 with adopted date Resolution No. R-99-26 - Amendmenta to Communications Workers of America (CWA) Contract - deferred to 5/5/99 workshop and special copy minutes to file file pending credenza gesolutionNo~R-99-27 - Amendments to Florida Police Benev01~nt Association (PBA) deferred to 5/5/99 workshop and special copy minutes to file file pending credenza Resolution No. R-99-29 - Tested Trade~ - deferred for House action copy minutes to file file pending credenza 99.100 Transportation Enlllll¢~ment PrQj¢ct- Authorize Staff to Prepare Application to Metropolitan Plargning Organization fo[$idewaJks ~d Education Trail - staff directed to proceed with application to MPO for Barber sidewalk south from Schumann to US 1 and north to Hardee Park copy minutes to file file pending credenza 99.101 Wgiy~ S~aled Bid Procedure ~1 Authorize Staff to ~¢ggttiat¢ Contract with Regan Masonry for Concrete Work for One Year - deferred to 515/99 special meeting copy minutes to file file pending credenza 99.102 Discuss Golf Course OpcratiorkPrQl~OSill o, nd_.Direct City Attorney Aq~;~?rdingly - consensus to have Cerjan prepare revised agreement for Council consideration copy minutes to file file pending credenza (5/12/99??) 99.103 Discuss the U~ of Filbert Street Propcrty_andO[rect Staff Accordingl~ - deferred to 5/5/99 workshop and special copy minutes to file file pending credenza 99.104 Pir¢~t City Manager Re: Stillmon Retaining Wall Reiml0~rsement - deferred until Stillmans can contact builder and apprise Council letter to Stillmans copy minutes to file file pending credenza 99.105 Florida Communities Ta'u~t preservation 2000 Grant for Property A0jacent to Good Guys - staff authorized to hire Cape Canaveral Scientific in an amount not to exceed $8,230 to pursue grant create file and copy minutes to file file pending credenza City Attorney Matters Clearing vacant properties placed on 5/5/99 workshop Support for Commissioner Adams attempt to have US 1 designated a Scenic Highway placed on 5/12/99 agenda 4 99.100 Tran~gortation Enhancement Project - Authorize Staff to Prepare Application to Metropolitan Planning Organization for $i4¢~alks and Education. Trail - staff directed to proceed with application to MPO for Barber sidewalk south from Schumann to US 1 and north to Hardee Park copy minutes to file file pending credenza 99.101 Waive Sealed Bid Procedure ~nd A.uthoriz¢ Staff ~;O Negotiate Contract ~th Rcgan Masonry for Concrete Work for On~ Y~ox - deferred to 5/5/99 special meeting copy minutes to file file pending credenza 99.102 Discu~ Golf C~urs~Operation Proposal an~] l~irect City Attorney Accordirlgl~ - consensus to have Cerjan prepare revised agreement for Council consideration copy minutes to file file pending credenza (5/12/9977) 99.103 Discuss the Use of Filbert Street propelly and Direct. Staff Accgrdingly - deferred to 5/5/99 workshop and special copy minutes to file file pending credenza 99.104 Direct City Manager Re: Stillman Retaining Wall Reimbursement - deferred until Stillmans can contact builder and apprise Council letter to Stillmans copy minutes to file file pending credenza 99.105 Florida Communities Trust Preservation 2000 Grant for ProperS, A4jaeent ~o Good Guys - staff authorized to hire Cape Canaveral Scientific in an amount not to exceed $8,230 to pursue grant create file and copy minutes to file file pending credenza City Attorney Matters Clearing vacant properties placed on 5/5/99 workshop Support for Commissioner Adams attempt to have US I designated a Scenic Highway placed on 5/12/99 agenda 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE/561) 589-5330 ~q FAX (561) 589-2566 MEMORANDUM DATE: TO: FROM: SUBJECT: April 28, 1999 City Council John Van Antwerp, Interim City Manager d,~/ Florida Communities Trust's Preservation 2000 Program The Florida Communities Trust (FCT) is accepting grant applications through June 2, ?999 for land acquisition for natural resource conservation, outdoor recreation, and urban greenspace. A property owner agent has approached the City to purchase 2 acres of property that borders Riverview Park to the south and to the west of Indian River Drive. The subject property is shown on the attached map. As the Council may remember, the City is actively pursuing a grant with FRDAP on the acquisition of 2+ acres of riverfront property known as "Good Guys Property". Indications are $490,000 is being appropriated for this acquisition, of which, we are very excited. The proposed FCT grant application would be for the purchase of the two acres that are directly west of the Good Guys Property. Both properties, combined, would provide 4+ acres to,be used in riverfront preservation or for expanding recreational use of the existing Riverview Park. We believe that with a strong application, the City stands a very good chance to win an FCT grant. FCT grant applications are extremely time consuming and the grants are extremely competitive. Originally, it was the staff's plan to have the County prepare the application for the City. After the County indicated that they were unable to assist the City with its application it was determined that utilizing a Consultant would provide the best assurance to the City of a successful grant application. As time is running out on our window to apply, we are recommending that we award a contract to Cape Canaveral Scientific, Inc. to prepare the grant application. Cape Canaveral Scientific, Inc. was the consultant who prepared the grant application for the FRDAP grant of the Good Guys property acquisition. Additionally, Cape Canaveral Scientific, Inc. has been successful in the FCT application process, winning a similar grant for the City of Melbourne Beach. Because of this firm's past experience with the City and with the FCT process we believe they are the best choice to help the City with their application. City Counci, 4/28/99 FCT Grant Application The proposed service contract would be in accordance with the attached proposal from Cape Canaveral Scientific, Inc. The purchase order would not exceed $8,230. Payment for the services for hours worked at a rate of $60.00 per hour. Council's concurrence with this purchase and to pursue the grant application is requested. Additionally, a Council representative at the Tallahassee hearings will be needed to help support the project. enclosures Cape Canaveral Scientific, Inc. 220 Surf Road .Melbourne P. eaeh FL 32951 (gO')~.~-~ 1161 F.~'K TR.~NSMISSION April 21, 1999 "pa_*es sent Martha Campbell, City Enginees City of Sebastian 1225 Main Street Sebastian FL 32 Fax: (561) 58%6209 RE: ESTIMATE OF SER VICES Dear Ms. Campbell: Attached is an Estimate of Services for preparing and submitting the R/verview Park Expansion land acquisition grant proposal to the Florida Communities Trust (FCT) grant program for the 1999 grant cycle. As you may knotv, our firm has prepared award-winning FCT grant~ in the past, has presented project~ to the FCT review board for award, and is on FCT'~ list of recommended grant writers for the Indian River Count-y region (to confirm call Ed Eek~tein at $50-922-2207.) We look forward to the opportunity to work with 3,our ¢iw in submitting this project for funding. Please let me 'know if rye can be of further assistance to you in answering any questions. You . /~.,.-1161. max' reach me at ('407) ~~ ' Sincerely, Amy Adarn~ Managing Director Attachment · Cape Canaveral Scientific, Inc. ESTIMATE OF SERVICES SerTiees Rendered Gather intbrmation and revie~v ciW comprehensive plan for relevant proposal information; 25 hours g'$60.00.,hour S1,500.00 Write a draft and final application for submittal, including gathering letters of support and appropriate supporting proposal documentation; 65 hours ~' $60. 00. hour S3,90ff.'00 Prepare final proposal copies, duplication of color photographs., etc.., and bind proposal tbr grant submittal; 8 hours $60.00,hours, plus copies and binding S '750.00 Travel and attend the FC"7 public hearin_*s September 30-Oct. 1 in Tallahassee; - 25 hours~@S60.00~hour, plus plane fare, ear rental and hotel accommodations $2,080.00 Total estimated cost $8,230.00 16. OLD BUSINESS 99.015 99.095 99.082 99.096 99.097 99.098 17. C.IL McLellan Annual Culvert Contract - Approve Work Orders 1-4 in the Amount of $53,807.55 and Work Order 1 in the Amount of $22,553.55 - Deferred fi.om 4/14/99 (City Manager Transmittal 4/21/99, McClellan Letter, Certificate of Liability, Certificate of Premium Payment, Engineering/ Public Works Transmittal 4/7/99, Work Orders) NEW BUSINESS First Reading of Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing Permanent Water Use Restriction - Schedule Second Reading, Public Hearing and Final Adoption for 5/26/99 (City Attorney Transmittal 4/22/99, 0-99-03, Current Code) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBAS~ WATER RESTRICTION PLAN; PROVIDINO FOR coNrFLICTS; PROVIDING FOR SEVERABIL~Y; PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. O-99-04. Fiscal Year 1998/1999 Budget Amendment - Schedule Second Reading, Public Hearing and Final Adoption for 5/26199 (Finance Director Transmittal 4/21/99, Memo, 0-99-04) AN ORDINANCE OF THE CITY COUNCIL OF/'HE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED, ADJUSq'ED AND REVISED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEI:rrEMB~ 30, 1999 AS PROVIDED FOR IN EXHIBIT "A', GENERAL FUND; EXHIBIT "B", SPECIAL REVENUE FUNDS; EXHIBIT "C'; DF. BT SERVICE FUND; EXI-IlBIT "D", CAPITA.5 PROJECTS FUNDS; EXHIBIT"E", GOLF COURSE FUND,, EXHIBIT "F", AIRPORT ~ EXHIBIT "~" TRUST FUNDS; PROVIDING FOR SEVERABILITY; PROVIDIN(} FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Co Resolution No. R-99-25 - Prohibiting Parking on East Side of Indian River Drive - Repeals R-97-67 (Police Chief Transmittal 4/28/99, R-99-25) A RF. SOLUTION OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORID& REPEALING- RESOLUTION NO. R-9747, ESTABLISHING 'NO PARKING ON THE ~ SIDE OF INDIAN RIVER DRIVE' PURSUANT TO O-97- 55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-99-26 - Amendments to Communications Workers of America (CWA) Contract (Human Resources Transmittal 4/21/99, R-99-26, Exhibits) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN PAVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGRI~'MENT BY AND BETWEEN THE CiTY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES DEDUCTION. MISC~OUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFElZS, AND ADJUSTMENTS AND RETIREMENT CONTR.IB~ON IN THE CONTRACT AGREEMENT; PROVIDING FOR REPFaS, L OF RESOLI. YriONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract (Human Resources Transmittal 4/21/99, R-99-26, Exhibits) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 99.099 99.100 G. 99.101 H. 99.102 L 99.103 99.104 18. Resolution No. R-99-29 - Tested Trades (Transmittal 4/22/99, R-99-29, Construction Board Minutes) A RESOLIYrlON OF TIlE CITY OF SEBASTIAN', INDIAN RIVER COUNTY, FLORIDA. AIvI3KNDINO THE LIST OF TESTED TRADE TO INCLUDE LrNLIMITED MASTER ~i'.ITCTRICIAN; ESTABLISHING TERMS THEREFORE; PROVIDiNG FOR CONFLICT; PROVIDiNG FOR EFFECT/VE DATE. Transportation Enhancement Project - Author/ze Staff'to Prepare Application to Metropolitan Planning Organization for Sidewalks and Education Trail (Public Works/City Enghaecr Transmittal 4/19/99) Waive Sealed Bid Procedure and Authorize St. aff to Negotiate Contract with Regan Masonry for Concrete Work for One Year (Public Works/Purchasing Transmittal 4/16/99, Purchasing Agent Letter and 3 Phone Quotes) Discuss Golf Course Operation Proposal and Direct City Attorney Accordingly (City Manager Transmittal 4/20/99, Proposal, Golf Professional Services Agreement Between City and Cerjan) Discuss the Usc of Filbert Street Property and Direct StaffAccordingly (City Manager Transmittal 4/22/99, Map of Property "Tract D") Direct City Manager Pa:: Sti/Iman Retaining Wall Reimbursement (City Manager Transmittal 4/22/99, Stillman Letter, MGB Conslxuction Packet, Attorney Memo) ADJOURN (All meetings shall adjourn at l O:30 p. m. unless extended for up to one halfhour by a majority vote of City Council) ANY PERSON WttO DECIDES TO ~tPPF_dL ANY DEC_.TSION MADE BI' THE CITT COUNCIL WITH RESPECT TO AAr~ MAJT;ER CONSIDERED AT THIS MEEI1NO (OR ~G) W1LL NF. ED d RECORD OF THE PROCEEDINGS AND MAY NFrD TO ENSURE THAT A VERBATRff RECORD OF THE PRO~-~DiNG~ IS MalDE, WHICH RECORD INCLUDES TH~ TF. TTiMONY AND EVID~VC~ UPON ~ttlCH THE APPF.4L I.g TO BE ~.aRD. (286.0105F$.) IN COMPLIAaVCE WITH THE AMERICANS Ft7TH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONZACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 1-fearing Assistance Headphones are Available in the Council Chambers for all Government Met~ing~ Regular lvleeting. Wedne~lay, 5112/99- ?pm Rcgntlar M~eting - Wednesday, 5126/99.7pm Regular ~[ee~tg - Wedneaday, 8/9/99.7pm Regular Meeting. Wednesday, 6/23/99 - 7pm 4 CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL 1 Mayor Wininger Vice Mayor Neuberger Mr. Barczyk Mr. Bishop Mr. Majche~ MOTION SECOND ITEM NO. MOTION SECOND ROLL CALL Vice Mayor Neuberger Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Wininger ITEM NO. ROLL C&LL Mr. Barczyk Mr. Bishop Mr. Majche~ Mayor Wininger Vice Mayor Neuberger MOTION ITEM NO. ROLL CALL 4 Mr. Bishop J Mr. Majch~ -~ Mayor Wininger f Vice MayorNeu/berger J Mr. Barczyk ,/ MOTiON SECOND ITEM NO. ROLL CALL Mr. Majchc~ Mayor Wininger Vice Mayor Neub/erger Mr. Barczyk / Mr. Bishop ~.2 MOTION SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL1 Mayor Wininger Vice Mayor Neuber~ger ,/ Mr. Barczyk Mr. Bishop Mr. Majcher MOTION ,ti SECO m OD ITEM NO. ROLL CALL Vice Mayor Neuberger Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Wininger MOTION ~ ~ SECOND ITEM NO. ROLL CALL Mr. Barczyk Mr. Bishop Mr. Majcher Mayor Wininger Vice Mayor Neuberger ITEM NO. ~ ROLL CALL 4 Mr. Bishop Mr. Majcher ,-/ Mayor Wininger Vice Mayor Neuberger Mr. Barczyk ITEM NO. MOTION MOTION MOTION SECOND ROLL CALL5 Mr. Majcher Mayor Wininger Vice Mayor Neuberger Mr. Barczyk ~' Mr. Bishop CITY COUNCIL MEETING DATE:. ITEM NO. ROLL CALL Mayor Wininger Vice Mayor Neuberger Mr. Barczyk Mr Bishop MOTION SECOND ITEM NO. ROLL CALl, Vice Mayor Neuberger Mr. Barczyk Mr. Bishop / Mr. Majcher Mayor Wininger MOTION SECONI~-~ ITEM NO. ROLL CALL 3 Mr. Barczyk Mr. Bishop Mr. Majcher ~-/ Mayor Wininger Vice Mayor Neuberger MOTION ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Wininger Vice Mayor Neuberger Mr. Barczyk MOTION sEcoND ITEM NO. MOTION SECOND ROLL CALL5 Mr. Majcher Mayor W'minger Vice Mayor Neubergcr Mr. Barczyk Mr. Bishop City of 5ebesti n 122§ Main Street Cl Sebastian, Florida 329§8 Telephone (561) 589-5330 D F~x (§61) ~B9-5§70 E-Moil: cityseb~iu.nel' SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 28, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Wininger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Reverend Jim Wingate, Comerstone Baptist Church. BOLL City ~0~¢iI Present: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. StaffPresent: Interim City Manager, John Van Antwerp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, SallyMaio Regular City Council Meeting April 28, 1999 Page Two 99.088 99.089 99.090 99.091 99.092 99.093 AGEND& MODIFICATIONS (ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added on~, upon a majorRy vote of Cio~ Council members (R.99-21) PROCLAMATIONS. ANNOUJ~EMENTS AND/OR PRESENTATIO~NS A. Pr~cn[ation of Certificates of Appreciation tO M~ml~a-s of Boy Scout Troop 599 Traffic Control Assistance During 15~sixt~ssExpo at Riverview Park - Joseph Collins. David Albury, Brian Barbour, Brian Colli~, Michael Dean, Bryan Frank, and Adi~m ¥~ifl[ Mayor Wininger presented certificates of appreciation to members of Boy Scout Troop 599. Presentation of C~rlificates - Shirley Kilkelly and Clay Fj~:[~ng - Former Tree Advisory Board Membe~'~ Mayor Wininger presented certificates to Shirley Kilkelly and Clay Fielding. Proclamation - Law Day - Way 1, 1999 Mayor Wininger read and presented the Law Day proclamation to Proclamation - Municipal Clerks Week - May Z-8, 1999 - City Clerk, Kathryn O'H0,11oran Accepting Mayor Wininger read and presented the Muncipal Clerks Week proclamation to the City Clerk. Proclamation - Tourism Week_--May 2-8, 1999 - Jane Bishop and LQ~-j l~oms Accepting Mayor Wininger read and presented the Tourism Week proclamation to Jane Bishop and Lori Burns. Proclamation. National Nur~ Week - May 6-12, 1999 - Inez Fielding, Florida Nurses Association A.~ce, pting Mayor Wininger read and presented the National Nurses week proclamation to Inez Fielding. CITY ATTORNEY MATTERS CITY MANAGER MATTER,~ 9. ~'ITY CLERK MATTERS 10. Mr. Bishop Co Mr. Majcher Vice Mayor Neuberger .~r. 5 4 99.083 11. ITEMS DEFERRED FROM THE APRIL 14, 1999 RI~G~AR MEETING ~~ I. Wi~h I.,is~ NI~tirlg,_~City Manager Transmittal 4/5/99, 6/24/97 Wi~.h List Minutes) 99.084 J. Quarterly Open F0rums.~Cily Manager Transmittal 4/5/99, Minutes ]~:~cerpts) 99.085 Ko Towrl.~oll Meeting (City Manager Transmittal 4/5/99) 99.094 12. items on ~¢ consent agcnd,, ,,re considered to#tine and will be en,,¢ted by one motion. There will be no scp,,rate dis¢:s~ion of ¢otm~t age, d,, ite~ ~ie~ ,, me~ber of Cio~ Co~t¢il ~ request; in ~hi¢~ ~ve~t. ~e ite~ ~ill be ~emowd ,,nd acted ~pon sep,~r,,teb~. A. Approval of Minutes - 4/14/99 Regular Meeting Approve Tentative 1999/2000 Fiscal Year Budget Calendar (Finance Director Transmittal 4/22/99, Calendar) The interim City Manager read the consent agenda. MOTION by I move to approve items A and B of the consent agenda. 6 PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM 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 99.065 15. COMMITTEE REPORTS/RECOMMENDATIONS A. Charter Review Committee (City Clerk Transmittal 4/20/99, Resignation Letter, One Application) 1. Accept Resignation of Ste~zen Munchak MOTION by I move to accept the resignation of Steven Munchak. 2. ApiIoint One At-Large Member MOTION by I move to appoint 8 99.009 Recreation Advisory Board (City Clerk Transmittal 4/20/99, Resignation Letter) 1. Acc~t Resignation of~ancy Pfister MOTION by I move to accept the resignation of Nancy Pfister. 99.089 Tree Acl¥i$ory Board (City Clerk Transmittal 4/19/99, 2 Applications, Member List, Ad) 1. Int~iew and Appoint to Two Regular Member Positions with Tot/ns to Expire 4/2001 It was noted that Irene Whitney had withdrawn her application. MOTION by I move to appoint Virginia Gordon to (regular member position term to expire 4/2001) 9 16. OLD~USI~ 99.015 C.R. McLellan Annual Culvert Contract - Approve Work Orders 1-4 in the A,mQllllt of $5~.807.55 and Work Order 1 in the Amount of $22,553.55 - Deferred fi.om 4/14/99 (City Manager Transmitt{ll 4/21/99, McClellan Letter, Certificate of Liability, Certificate of Premium Payment, Engineering/ Public Works Transmittal 4/7/99, Work Orders) MOTION by I move to approve work orders 1-4 in the mount of $53,807.55 and work order 1 in the amount of $22,553.55 to CR McLellan. (see original transmittal on page 67) oL- 10 17. NEW BUSINESS 99.082 First Reading of Ordinance N0, 0-99-03 - Amending Water Restriction Plaa and II~0$ing E~r~anent Water Use Restriction - Schedule S~.c0ftCl R~i~ding, Public Hearing and Final Adoption for 5/26/99 (City Attom~ Transmittal 4/22/99, 0-99-03, Current Code) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-03 by title only. MOTION by I move to approve Ordinance O-99-03 on first reading and set May 26, 1999 for the dat~ of public hearing and authorize advertisement thereof. 11 99.095 First Reading of Ordinance No. O-99-04 - Fiscal Year 1998/1999 Budget Amendment -Schedul¢ Second Reading, Publictt~riug gilcl Fitlol Adoption for 5/26/99 (Finance Director Transmittal 4/2 !/~9, Memo, O-99-04) Alq ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED, ADJUSTED AND REVISED BUDGET FOR THE FISCAL YFAd~ BEGINNING OCTOBER 1, 1998 AND ENDINO SEFrEIvlBER 30, 1999 AS PROVIDED FOR IN EXHIBIT "A", OENERAL FUND; EXHIBIT "B', SPECIAL REVENUE FUN-DS; EXHIBIT "C', DEBT SERVICE FUND; EXHIBIT "D', CAPITAL PROJECTS FUNDS; EXttlBrr "E', GOLF COURSE FUIqD; EXHIBIT "F", A1RPORT FUND; EXHIBIT "O" TRUST FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attomey read Ordinance No. O-99-04 by title only. MOTION by I move to accept the first reading of Ordinance O-99-04 and direct staff to advertise a public hearing for May 26, 1999. 12 99.096 P~01ution No. R-99-25 - Prohibiting Parking on East Side of Indian. Ri¥cr Drive - Repeals R-97-67 {police Chief Transmittal 4/28/99, R-99-25) A RESOLLrl2ON OF THE CITY OF SEBASTIAN, INDIAlq RIVER COU-biTY, FLORIDA, REPEALING RESOLUTION biO. R-97.67, ESTABLISHING 'biO PARKING ON THE EAST SIDE OF INDIAN RIVER DRIVE' PURSUANT TO 0-97- 55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIObiS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AH EFFECTIVE DATE. The City Attorney read Resolution No. R-99-25 by title only. MOTION by I move to approve Resolution R-99-25 authorizing the new parking restrictions on the east side of Indian River Drive. 13 99.097 Resolutionblo. 1~-~,26 - Amendments to Communications Workers of America (CWA)_ Contract (J-Ium~ R~ources Transmittal 4/21/99, R-99-26, Exhibit~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; 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-99-26 MOTION by I move to (approve Resolution No. R-99-26) approve the seven rewritten articles (Article 4,10,12, 14, 15 and 17) on the Collective Bargaining Agreement by and between the City of Sebastian and the Communications Workers of America, changing and adding wording for contract clarification. 14 99.098 R,~solution No. R-99-27 - Amendments to F/o~i~agoliee Benevolent Association (PBA) Contract (,Human Resources Transmittal '~/21L9_9. R-99-26. Exhibits) A RESOLUTION OF TI~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; 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-99-27. MOTION by I move to (approve Resolution No. R-99-27) approve the two rewritten articles (Article 20 and Article 21) on the Collective Bargaining Agreement by and between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc., changing the division of sick and vacation accrual from a division of twenty-four (24) pay period to a division of twenty-six (26) pay period. 15 99.099 Resolution No. R-99-29 - Tege~l Trncle~ (Transmittal 4/22/99, R-99-29, Construction Board MiquteS) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAlq RIVER COLrNTY, FLORIDA, AMENDING THE LIST OF TESTED TRADE TO INCLUDE UNLIMITED MASTER ELECTRICIAN; ESTABLISHING TERMS THEREFORE; PROVIDIlq~} FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attomey read Resolution No. R-99-29. MOTION by I move to approve Resolution No. R-99-29. 16 99.100 Tran~ortatil~a.~p.h~cement Project - Authorize Staff to Pre, parc/~l~pljcation to Metropolitan Planning Organization_for Sidewl~j]~ and i~ducation Trail (Public Works/Cil:y Engineer Tr~n~r~jttal ~/19/99) MOTION by I move to direct staff to prepare an application to the MPO for the continuation of Barber Street sidewalk south from Schumann Drive to US 1 and north from CR512 to Hardee Park, and for a scenic walkway with landscaped education trail at the proposed Riverview Park Expansion site. 17 99.101 i,-/5 , Iq "l Waj¥~ ,$¢0J~d Bid Procedure and Authorize Staff to Negotiate Contract with Regan Masonry for Concrete Work for One Year (Public Works/Purchasing Transmittal 4/16/99~Purchi~ing Ag~rtt Letter and 3 Phone Quotes) MOTION by I move to authorize staff to negotiate a signed contract with Regan Masonry for concrete work for one year and waive formal sealed bid procedures. 18 99.102 Discuss G.~lf Cgurse Qp~rotiQ~ Prop9~i~l and Direct City Attorney Accordingly (City Manager Transmittal 4/20/99, Proposal, Golf Professional Services Agreement Between City and Cerjan) 19 99.103 Jo Discuss the Use of Filbert Street Properly and Direct Staff Accordingly (City Manager Tror~mittal ~22/99, Map of Properly "Tract D'.~ 2O 99.104 l)ii3;.~I City Mallllger Re; Stillman Retaining Wall Reimbursement (City Manager Transmittal 4/22/99. Stil!man I,~¢x. MOD Con~tl'0ction Pacget. Attorney Memo) 18. ADJOURN (.,IH meetings shah adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) 21 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 28, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individual~ will address the CiO~ Council with respect to agenda items immediate~ before deliberation of the item by the CiO~ Council- limit often minutes per xpeaker (Ro99.21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Jim Wingate, Cornerstone Baptist Church 4. ~OLL CALL AGE,NDA MOpIFICATIONS (ADDITIOIN~ AND/OR DELETIONS) Items not on the written agenda may be added only upon a majoriO~ vote of CiO' Council members (R-99-21) PRQCLAMA.T].O~$, ANNOUNCEMI~NT$ ANO/OR PRESEN'r6TION~ 99.088 A. 99.089 B. Aresentation of Certificates of Appreciation to Members of Boy Scout Troop 599 Traffic Control Assistance During Business Expo at Riverview Park - Joseph Collins, David Albury, Brian Barbour, Brian Collins, Michael Dean, Bryan Frank, and Adam Veidt /P/resentation of Certificates - Shirley Kilkelly and Clay Fielding - Former Tree AdvisoW Board Members 99.090 99.091 3 99.092 99.093 7 C. b/~/roclamation - Law Day - May 1, 1999 D. ~/~roclamation Municipal Clerks Week - May 24, 1999 - City Clerk, Kathryn O'Halloran Accepting E. L/4(roclamation - Tourism Week - May 24, 1999 - Jane Bishop and Loft Burns Accepting F. I P/foclamation - National Nurses Week - May 6-12, 1999 - Inez Fielding, Florida Nurses Association VAcccpting 99.083 9-14 99.084 15-17 99.085 19-27 29-44 99,094 45-46 99.065 47-50 99.009 51-52 99.089 53-60 8. 9. 10. 11. 12. 13. 14. 15. CITY ATTORNEY MATTERS CITY MANAGER MATTER~ CITY CLERK MATTERS CITY COUNCIL MATI'EI~ A. Mr. Barezyk B. Mr. Bishop C. Mr. Majcher D. Mayor Wininger E. Vice Mayor Nenberger ITEMS DEFERRED FROM THE APRIL 14.1999 REGULAR MEI~TiNG Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes) Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts) Town Hall Meeting (City Manager Transmittal 4/5/99) CQ~1~IT ,a, GENDA ~IH items on the conzent agend~ are considered routine and will be enacted by one motion. There will be no separate discussion of cottsgnt agenda items unle~ a tta~nber of CiO' Council so reqm~: in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 4/14/99 Regular Meeting Approve Tentative 1999/2000 Fiscal Year Budget Calendar (Finance Director Transmittal 4/22/99, Calendar) PUBLIC HEARING INTRODUCTION OF NEW BUSINESS FROM THE_PUBLIC Item that hat occurred or wat discovered within the previom ~ montl~ which i~ not otherwise on the agenda - sign-up required, limit often minute~ for each speaker COMMITYEE REPOffTSff, E COMMF~L~I~TION~ Chattel F, eyiew Comrni.~e~ (City Clerk Transmittal 4/20/99, Resignation Letter, One Application) 1. Accept Resignation of Steven Munchak 2. Appoint One At-Largo Member Recreation A~yi~' Board (City Clerk Transmittal 4/20/99, Resignation Letter) 1. Accept Resignation of Nancy Pfister ~ee A~Ivisocy Boar~l (City Clerk Transmittal 4/19/99, 2 Applications, Member List, Ad) 1. Interview and Appoint to Two Regular Member Positions with Terms to Expire 4/2001 I I I I i I I I I I I i I I I I I i I 16. OLD BUSINESS 99.015 61-84 17. A. C.R. McLellan Annual Culvert Contract - Approve Work Orders 1-4 in the Amount of $53,807.55 and Work Order 1 in the Amount of $22,553.55 - Deferred fi.om 4/14/99 (City Manager Transmittal 4/21/99, McClellan Letter, Certificate of Liability, Certificate of Premium Payment, Engineering/ Public Works Transmittal 4/7/99, Work Orders) NEW BUSINESS ~ 99.095 A. 85-103 99.082 105-140 First Reading of Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing Permanl~t Water Use Reslfi~ion - Schedule Second Rl[ading, Publ~Hearing and Final Adoption for AN ORDmm,'C~OF THE crrv o~: sEBnS,rmq, INDm,; Rp, rER coX~rry, FLORmA' MMEbroiNO TH~ crry OF SEBASTIAN WA'FI~ RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDIN(xx FOR SEVERABILrrY; PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. O-99-04 - Fiscal Year 1998/1999 Budget Amendment - Schedule Second Reading, Public Heating and Final Adoption for 5/26/99 (Finance Director Transmittal 4/21/99, Memo, 0-99-04) AN ORDINANCE OF THE CITY COLrlqclL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTINO AN AMENDED, ADJUSTED AND REVISED BUDGET FOR THE FISCAL YEAR BEOINNING OCTOBER 1,1998 AND ENDINO SEPTEMBER 30,1999 AS PROVIDED FOR IN EXIqI~IT "A", OENERAL FUND; EXHIBn' SPECIAL REVENUE FLrlqDS; EXI-IIB~ "C", DEBT SERVICE ~ EXHIBIT "D", CAPiTAL PROJECTS FUNDS; EXI~BIT'~E'; GOLF COURSE FUND; ~IT '7', AIRPORT FUNI>, EXHIBIT "O" TRUST FUNDS; PROVIDING FOR SEVERABRXIY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 99.096 C. 141-146 Resolution No. R-99-25 - Prohibiting Parking on East Side of Indian River Drive - Repeals R-97-67 (Police Chief Transmittal 4/28/99, R-99-25) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-9747, ESTABLISHING 'NO PARKING ON THE EAST SIDE OF INDIAN RIVER DRIVE' PURSUANT TO 0-97- 55; PROVIDNG FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDNG FOR AN EFFECTIVE DATE. 99.097 D. 147-160 Resolution No. R-99-26 - gjnendments to Communications Workers of America (CWA) Contract Cdu~Res0urcam Transm~tal 4/21/99, R-99-26, Exhi% A RESOLI~ION OF THE CITYN,OF SEBAS'IT_AN, llqDIAlq ~COUNTY, FLORIDA, ADOPTING ~ MEMO~ OF IJlqD~T~G TO THE COLLECTIVE BAROA~TINO AGREEMENT BY AND BETWEEN THE ClI'Y OF ~ AND THE CO~gONICATIONS WORKERS OF )NMERICA; PROVIDING ADDDITIONS AND CHANGES 1317,.SUCH WORDING IN'D..UES DEDUCTION, MISCEL~US PAID LEAVE, SICK LEAVE, ANNIJ~ LEAK, HOLIDAYS, PROMOTIONS_TRANSFERS, AND ADJIJ~rlvlENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AOREElVlENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. 99.098 E. 161-166 Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract (Human Re?urces Transmittal 4/21/99,~R-99-26, Exhibits) A RESOLUTION OF THE CITY OF SEBASiTIAN, INDIAN RIVE'R ~OUNTY,'~ FLORIDA,/Ai~OPTINO THE MEMORANDUI~ OF UNDERSTANDING TO ~ COLLECTIVE BARGAI~G AGREEMENT BY Ai~ BETWEEN THE CITY OF ~EBASTIAN AND THE COASTAL FLORIDA POLICE'BENEVOLENT ASSOCI)tTION. INC; PROVIDING FOR R~u'qGES OF SUCH ANNUAL AND..~ ACCRUAL RAIES IN THE CONTRACT AGREF2dENT; PROVIDINO FOR REPEAL OF RESOLUTIONS OR P/~RTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 99.099 F. 167-172 Resolution No. Ro99-29 - Tested Trades (Transmittal 4/22/99, R-99-29, Construction Board Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN R1VER COUNTY, FLORIDA, AMENDINO THE LIST OF TESTED TRADE TO INCLUDE UNLIMITED MASTER ELECTRICIAN; ESTABLISHING TERMS THEREFORE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 99.100 G. 173-174 Transportation Enhancement Project - Authorize Staffto Prepare Application to Metropolitan Planning Organization for Sidewalks and Education Trail (Public Works/City Engineer Transmittal 4/19/99) 99.101 H. 175-I77 99.102 179-205 99.103 207-208 209-220 Waive Sealed Bid Procedure and Authorize Staff to Negotiate Contract with Regan Masonry for Concrete Work for One Year (Public Works/Purchasing Transmittal 4/16/99, Purchasing Agent Letter and 3 Phone Quotes) Discuss Golf Course Operation Proposal and Direct City Attorney Accordingly (City Manager Transmittal 4/20/99, Proposal, Golf Professional Services Agreement Between City and Cerjan) Discuss th e Use of Filbert Street Property and Direct StaffAccordingly (City Manager Transmittal 4/22/99, Map of Property "Tract D") Direct City Manager Re: Stillman Retaining Wall Reimbursement (City Manager Transmittal 4/22/99, Sfillman Letter, MGB Construction Packet, Attorney Memo) 18. 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} ANT PERSON WHO DECIDES TO APPF_.4L ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO AN~ MATTER CONSIDERED A T THIS IvlEETING (OR HEARING) WILl, 3B~RD A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TiM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON Ibl-IICH THE APPEAL IS TO BE HEdlRD. (286.0105F.5.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEKI'ING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THiS MEETING. Hearing Assistance Headphones ate Available in the Council Chambers for all Government Meetings. Upcoming Meetings: Regular Meeting- Wednesday, .5/12/99- 7pm Regular Meeting . Wednesday, 5/26/99 - 7pm Regular Meeting. Wednesday, 6/9/99 - 7,om Regular Meeo'ng - Wednesday, 6/23/99 - 7pm ~" .',;r~,~ ". ~ ,i '; '~ ' ' '~'~ ; '"' ":'; ' . , ,,.: ;., ~., ~ ; ',: . .' ~ . . , .,~ ',.?~ .. ,r,;.; ~. ~.; - , .. .. · ..' '.'.?' ,. 't ':~.~" ;. '~ · ~REAS; May' 1 st is Law. Day ~ ~e. United statcl Of ~efica,'~d the fids ye~ of Law W~ek is'."Celebrate Your Freedom: Equal ~ghts Under ~e Law"; and libe~ ~d · b~aeonjOf hoP~ ~d:°P~'o~ for mor~ ~ 200'~y,~ to m~y million~ who haw ,ought o~ ?hore~ ~d ~eli~d.upon o~ju~fice ,y~te~; ~d ~mS, found~fion'ofindi~duai ~eeaom ~d libe~ i~ ~e body of law WImREAS;.:~ consfimfioh'of ~c United States of~efica ~d ~e Bill of ~ghts ~e ~e hem of ~a~ body bf law,'W~ch ~tees us m~y ~eedoms-including freedom ofreli~ou~ b~lief.'~eed6~'.to.h~v~ ~d hold prop,~ in~ol~te, ~e,dom of assembly, ~eedom.of Speech, ~eedom'0fpres~, ~e,dom of petition' ~d due proces~ of ~nd ~e Con~e~s of ~e H~ted State~ ~d.~e. Presidefit by. official proelmation have set aside May 1,t a~ a ~pecial day for reco~ifion of~e place of law ~ ~efic~ life; ~d Flofid~ by ~ of,~: au~od0'V~*ted'in, mO, do. hereby d~i~at~ May 1. 1999 a~ IN ~ESS.~EREOF;'.I h~ve here~to set my h~d and affixed d~e seal of the Ci~ ofSebas~, Indi~ ~wr'C0~. Flodda ~s 28~ day of Apdl. 1999. M~a S. Wininger, Mayor Attest: Kad~rYn M. O'I-Ialloran, City Clerk -. MUNICIPAL CLERKS WEEK ' MAY 2 THROUGH MAY 8, '1999 WHEREAS;The Office 'of the Muni'Clpal Clerk, a time honored and vital part of local government exists throughout the world; and wHEREAs~' ~he Office' ~f"th:~'. I~U;liclpal Clerk' Is the old'est among public servants; and'" . · -. :"~ ...,'~ '~..:,.,'',--'.~. ~;, .... ..... ~'. WHE~EAS'~'~-he Office,o~ the 'l~lUnlClpal Clerk Provides th· pl;0fesslonal link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, '.Mdnlcipal. Ci~rks have pledged to be ever mindful of their neutrality and impartiality, tendering equal service to all; and' WHEREAS, The MUnicipal Clerk serves as the Informati°n center on functions of local government and community; and WHEREAS,.'MunicipaI.Cl&rks' continually strive to improve the administration of the affairs of the .Officeof the Municipal Clerk through participation In education.programs,, seminars,' workshops and the annual meetings of their state, province; county and International professional organizations. .. WHEREAS, It Is most appropriate that we recognize the accomplishments of. the Office of the Municipal Clerk. NOw THEREFORE,. I, Uartha'S~..Winlnger, by virtue 'of the authority vested In me as Mayor of the City:of Sebastian, Flodda, do recognize the week of May 2 through May 8, 1999;'as Municipal Clerks Week, and further extend appreciation to our Municipal Cierk,.Kathryn M. O'Halloran, and to all Municipal Clerks for=the vital serVices.they perform and their exemplary dedication to the communities they represent., . ~ . ,, .. , · ..: ~,: ,/ , }~ ' , ...~_ ..!: :... , , '. , , IN WITNESS WHEREOF; I 'ha~e hereunto "set my hand and' affixed the seal of the City of Sebastian,. Indian River County, Florida this 28th day of April, 1999. ..' Attest: Martha S. Wininger, Mayor f?.o?/ INDIAN IIIVER COUNTY TOURISM WEEK MAY 2 - 8, 1999 WHEREAS, the travel and tourism Industry supports the vital Interests o1' Indian River County and Florida, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill; and WHEREAS, travel and tourism ranks as one of Indian River County's industries in terms of revenue generated; and WHEREAS, hundreds of thousands of travelers visiting Indian River Counly contributed over $33 million to the economy last year, generating an economic impact of $200,016,000; and WHEREAS, those travelers provided jobs for 32% of the citizens in Indian River County; and WHEREAS, as people throughout the wodd become more aware of the outstanding cultural and recreational resources available in Indian River County, travel and toudsm will become an Increasingly Important aspect in the lives of our citizens; and .~'- WHEREAS, given these laudable contdbution~ to the'economic, Social, and cultural well- being of the citizens of Indian River County, it is fitting that we recognize the importance of travel and tourism. NOW THEREFORE, I, Martha Wininger, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim that the week of May 2 - 8, 1999, is hereby recognized by the Sebastian City Council as INDIAN RIVER COUNTY TOURISM WEEK, and by issuing this proclamation, call upon all people of Sebastian and Indian River County to recognize the many benefits the tourism industry brings to our area. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian, Indian River County to be affixed this 28th Day of April, 1999. Attest: Kathryn M. O'Halloran, City Clerk Martha Wininger, Mayor I ! . ! I NATIONAL'NURSES WEEK ~" May 6 - May 12,1999 WilEREAS, 2.6 million r,'gistered nurses in ~ counUY represent our nations largest h*-,,Ith care rcsom~; and. WHEREASi nur~s ~are for Americans every' day by providing high quality care and by promoting initiatives for reforming tho health care d~vcv/~/stem; and WHEREAS,'the .~meric~m Nu~es .~ssociation ired th~ Florida Nurses Association call for acer. ss to quality care for all U..S.'.citizr. ns nnd legal residents; and WHEREAS~ need for hi'rating ~,~icc~ in'gr~atm' than er'er becaus;, of aging America, the indnsl~y*s ability to sustain life through inerenscd teldmology, chang~ in the settings where health care is delivered and changing health care needs of today's consumers; and WIIERR:A,.q, due to cost. cutting n~asures,'many hospitals am r~plncing RN's with onskiiled, unlicensed workers who arc performing tasks f'or~which they do not have tho education or training, nnd ns a result,; the'quality ofear~ may suffer; and ..' Wl]llgREA$,'moro than a decade' ~frescnrch d~-nomtr~l that when there are moro registered nurses there will be lower.mortality rates, shorter length of stay, lower costz and fewer complications; and WHEREAS,'al6ng with the American Nur,.~es Association, th~ Florida Nurses Association hs.s d~clar~d May 6th, 1999 as . . . UNATIONAL RN REC~}GNITION DAY IN CELEBRATION" ' of those indispenzsble regist~.red n'urses Who ~ork tirelessly 365 days a year to provide l~igh quality patient care.and improve our health care ~ystem;' of the City of Sebastian, Florida, ask that nil residents ofth~ City of Sebastian join me in honoring "Nurses tlealing From The lleart", who can: for all of ns, and b~ it furthered resolved, that the residents of th~ City of Sebastian Celebrnia nursing's indispensable coniributioml and efforts to improve.our health ~are ~stem and show our appreciation of th~ nation's nurses not just today, but at every oppOrtunity thraugh~t the ye. ar. · .. of Scbastinn, Florida, to be affixed this 2gth day of April, 1999. Ma~:a $. Winingcr, Mayor ATTEST: Kathryn M. O'Halloran, City'Clerk Subject: Wish List City of Sebastian, Florida Agenda No. Approved for Submittal by: City Manager Department Origin: City Manager Exhibits: June 24, 1997 Wish List Meeting Minutes EXPENDITURE AMOUNT BUDGETED: KEQUIRED: N/A Date Submitted: April 5 1999 For Agenda of: April 14,1999 IAPPROPRIATION REQUIRED: ~i,rMMARY As it was previously discussed at the March 24, 1999 Regular City Council Meeting, it was'- the general consensus to discuss holding a''Wish List Meeting", in order to address a numbex of topics and issues that Councilmembers might want to recommend for future action or study. For your information, and to give you an idea of topics previously discussed, I have attached a copy of the June 24, 1997 Wish List Meeting minutes. RECOi~II~NDED ACTION Establish a meeting date and appropriate meeting format. June 24, 1997 Wish_Lj~t Meeting Ao Recreation Mayor Barnes: Mrs, Canwright: Paul: Work with IRC for additional recreation opportunities Set up meeting with Pat Callahan and form a recreation committee Explore the possibility of utilizing the building at Barber Sweet Sports Complex South Would like to see a meeting with city staff, Indian River County recreation and sports and other organizations in Sebastian to determine needs Looking for a partnership with IRC Form a Recreation Committee Recreation in City for Youth Programs Besides Sports Skateboarding/In-Line Skating Area - CM to review liability issue Cartwright said she knew of group looking to open such a facility Striping of Streets: Middle and Edges -Mrs. Sullivan Street or Road Markings - Mr. Paul Realignment of Traffic Programs on Certain Streets Such as George and Skyline - Mrs. Cartwri ght Mrs. Cartwright said five residents fi.om Skyline had proposed that it be one-way. Mr. Paul said he had seen use of stop signs on 16th Street West in Vero for traffic control and suggested using the method here. Mr. Taracka said too manor stops can be a problem. The City Engineer noted that there was a traffle study done in 1994 and the City Clerk was asked to copy it to Council. The Public Works Director said staffis currently doing a study of striping needs and have talked to Indian River County traffic engineers regarding putting striping in its work program He said it will be ready for this budget. He said staff will be looking at paving needs soon. 5tzategic Plan Status and Use of Data- Mayor Barnes Final Report/Council Action -Mm. Sullivan The City Manager gave an update on the Strategic Plan. He said he will organize another small SWOT meeting prior to draging a resolution for City Council. He said the project should be wrapped up in 30 to 60 days. Mulching Stationary Mulcher Location Ordinance-Mrs. Sullivan Ordinance for Keeping Mulching Machines on a Permanent Site for Mulching Operations - Mr. Taracka Mayor Barnes recommended an ordinance prohibiting transportable mulchers on a construction site. Mrs. Cartwright suggested that maybe safety factors can b~ .~Iaressed instead. Mrs. Sullivan concuned with Mayor Barnes. citing a recent incident when a piece of debris flew through a metal roof of a business adjacent to Ca'ace's Landing. Mrs. Cartwright asked whether it might have been the operator's fault and maybe the mulcher could be put on a remote area of the property .... Mr. Paul disagreed with the proposed prohibition suggesting looking at safety controls and features. Mayor Barnes said he would like to see an ordinance prepared. mo Sidcwalks/Bikepaths Sidewalk,/Bikepath - Long Term/Short Term - Mrs. Cartwright }yalkways Around Ex~sting Ponds for Fishing and Bicycling - Mr. Paul The City Manager discussed the requirements and differences between sidewalks and bikepaths. He said he believed Sebastian had developed a gcnxl system and that a bikepath study had been done in the past by the City. Mrs. Cartwright suggested that a bikepath be installed on Laconia to Tulip to Barber for the ne~ fiscal budget (97/98). The City Manager suggested the City could possibly work with Lennar on this. He said he would ask staffto revisit the bikepath plan. Mr. Taracka asked il'it would be practical to set up a sand course for mountain bikes and the City Manager said he'd look into it. In response to Mr. Paul, the City Manager said he had discussions with the Pelican Island Garden Club about an agreement with them to allow them to adopt the lake on the east side of Barber Street for its enhancement. He said he would try to bring it beck to Council on July 9. Paving Bonded Pav~ng Program - Mayor Barnes Grant for }yidening/Paving for Louisiana and Palmetto Avenues - Mrs. Sullivan The City Manager discussed three possible alternatives to fund city-wide street paving. He had distributed an amortization schedule for Council review. He said he was waiting for additional information fi.om a local bank and would try to bring a more detailed report to Council at budget time. Mrs. Sullivan said she would like to see a grant applied for to pave Louisiana/Palmetto, The City Manager said.the current CDBG grant would have to be closed out before applying for another. Community Development Fee Structure - Mrs. Cartwright Timetable on Completion of}York/Recovery of Costs by Oty - Mayor Barnes The Director of Community Development said the last time fees were updated was 1988, said he was writing internal procedures which would identif3, the time required for speciti¢ projects and will be coming up with a recommendation for adjustment of fees. He said it was his desire to have it ready for the upcoming fiscal year. Mayor Barnes asked if there was anything the Ci~ could do about abandoned construction. The City Manager said he would review it with the City Attorney and Director of Community Development for a future meeting, The City Manager proposed that an educational handout be put together to explain the Mechanics Lien. Mrs. Cartwfight said she had heard that George Bonacci had drafted something for distribution. H. Political Sig~s - Mayor Barnes and Mm. Sullivan Mayor Barnes suggested modifications to the Political Sign code to require a $100 bond or penalty for non-removal with. in a certain time. The City Clerk explained that the City once imposed a bond but had to remove it when it was found to be unconstitutional. She suggested he speak to the City Attorney. The City Manager said it was either the Florida Legislature or the Supreme Court that had made the decision. Mayor Barnes suggested the Building Official "shall remove" rather than "shall order removed", and to limit signs tO "one per candidate or question per property". Mrs. Sullivan said she would like to see a small fine for signs in fight-of-way. Mr. Paul expressed concern for limiting people's rights. Mayor Barnes said he would like to talk to the City Attorney for proposals to come to Council. Airport Management - Mayor Barnes and Mrs. Sullivan Mayor Barnes recommended advertising for a pm-time airport manager with knowledge of FAA roles and regulations,. ' speoifically someone who could work on weekend. He said there are qualified people in town. Mrs. Cartwright said . she would like to see a job desoripfion and realm of responsibilities. The City Manager said he could bring back a job description for the July 9, 1997 meeting. Mr. Taracka asked if the airport enterprise fund can support more than a part-time position and the City Manager responded that there is more revenue now than eighteen months ago. Mr. Paul said he had attended an Economic Development Council meeting today and that they would like to see a plan for the airport, and that perhaps that a part-time position is needed at this time. Mrs. Sullivan concurred with the need for ~omeo,~ with knowledge of FAA regulations. J. Ban on Future S~n~l~ining in Cit~ Limits Except for Leveling Sites - Mayor Barnes Mayor Barnes said he would like to see a ban on future sanclmirfing within the City limits with the exception of non- commercial and site leveling. The Director of Community Development said he could bring back proposed language at the time the amended Comprehensive Plan comes to Council for amendment. K. Re$i~ent~ Only on A1LCiI~ Boards -Mr. Taracka Mr. Taracka said he had talked to many people who agreed that boards should be residents only. Mr. Paul suggested districting the City so everyone is not fi-om one area of the City. Mrs. Camvright agreed and Mrs. Sullivan disagreed with districting. Mrs. Cartwright disagreed with prohibiting business owners who are not residents from serving on committees. L. Revisit Offer to purchas~ La~4 9n lqyeffr0n, t/Bird Realty - Mrs. Cartwright Mrs. Catv, wight said she had received phone calls since Council's last action on this item and been told that there are grants available for this type of purchase. She asked Council to allow staffto investigate grants. Mr. Paul concurred. Mayor Barnes concurred but asked that no purchase take place without a specific plan for use of the property in place. Taking Over Fgurth o( July Fireworks Festivi)jes/Fire~orl~l - Labor Day Fireworks Fe~j¥ities -Mr. Paul Mr. Paul suggested the City contribute more money to the Lions for 4th of July fireworks and have fireworks on Labor Day due to the success of last year's event. He also said he'd like to see the high school band perform, John Ellis, Lions Club, addressed City Council stating the Lions had planned to have a picnic in the park on Labor Day and that some of the high school students would like to perform on the 4th without uniforms. Mayor Barnes said a sponsor would be needed for Labor Day fweworks. The City Manager said he'd like to encourage a group to take it on due to the large financial impact the 4th of July already has on the City. Ed Moore, Chamber of Commerce, said the Chamber was considering sponsoring a bed race on Labor Day. The City Manager said he could bring back cost figures. N. Combined P~rking..Regulations -Mrs. Sullivan Mrs. Sullivan expressed concerns for abuses on the Riverfront due to oombined parking, noting that the code was written at the request of Captain Hirams, and recommended the earle be rescinded. Mayor Barnes asked how the City knows when additional businesses added. The Director of Community Development explained the procedure for applying for and approval of occupational licenses. He said since he has been here there has been no need for mixed u~e parking and that all requests have met parking needs. The City Manager said that the Community Development Department is reviewing old plans and uses for Captain Hirams, and said that part of the problem with businesses in the Riverfront District is customer laziness. Mrs. Cartwright questioned whether the exile was written for the Riverfront~ citing other mixed use parking situations in the City. She agreed to look at the ordinance. Mayor Barnes asked that this item be scheduled for a workshop. Mrs. Cartwright asked why workshops are being scheduled for 6 pm prior to regular meetings after Council changed procedures. Mayor Barnes responded that he'd rather not have them but there is a need for workshops fight now. Mass Tr~sportation - Bu~ .Schedules - Mayor Barnes The City Manager said he had attended a meeting in Indian River County with transportation people on how to enhance ridership and suggested he write a letter asking them to restructure the mutes to accommodate more people. P. ~v¢.rO'gnt Committee Fir~al Re,,ll0rt - Mr. Taracka Mr. Taracka said he had attended most meetings, said their report will be finalized on July 28 and said they deserved a lot of appreciation. Q. Fishing Vill~ge Theme Throughout the City -Mr. Paul Mr. Paul suggested the fishing village theme be incorporated in other areas of the City, including CR 512. The City Manager suggested this be looked at when the final report comes from the Riverfront Committee, and recommended that perhaps he could talk to Indian River County about landscaping the median on CR512. Mr. Paul inquired about the south City limit welcome sign and its poor condition. The City. Manager said it had been brought up in the past and difficult to determine who owns the property on which it is located. He suggested the possibility of a small carved sign in the median. He said he would explore it. Mr. Paul asked about other service organization's sigras on the City limit sign. R. I/~-Hous~ ColitllI Writer - Mrs. Sullivan Mrs. Sullivan said she would like to see a full-time grant writer. The City Manager said the logical place was the Finance Department and he would discuss it with the interim Finance Director. City Council concurred to review this a~ pm of the budget process. S. RV Storage Needs - Mr. Taracka Mr. Taracka said he was gathering information from Indian River County on this and said he did not want to see RV storage back up to residential. He said he will bring back additional information. T. ReYicw Items. P;rl~lirig fi'Qlll Last Wish List Work;hQll - Mrs. Cartwright (See 6/10/96 Minutes Attached) The Director of Community Development said he was looking to an August 6 workshop to address signs and saadmining and that he would get with the City Attorney on a noise ordinance. Mrs. Cartwright inquired about the status of Council Expense Procedures and the Economic Development Fund and said she'd like to keep them alive and look at again. Subject: Quarterly Forums Cit7 of Sebastian, Florida Agenda No. Approved for Submittal by: City Manager Department Origin: City Manager Exhibits: EXPENDITURE REQUIRED: Date Submitted: April 5 1999 For Agenda of: April 14,1999 Excerpts from January 28, 1998 and April 9, 1997 Meeting AMOUNT BUDGETED: APPROPRIATION N/A REQUIRED: $1.YMMARY "Quarterly Forums" were established by previous City Councilmembers and held usually on the 5th Wednesday of each quarter. If it is City Council's desire to continue with "Quarterly Forums," please provide staffwith a schedule of dates and an appropriate format to follow. The last "Quarterly Forum" scheduled for tiffs quarter is June 30, 1999. RECOMMENDED A(~TION Provide staff with a schedule of dates and an appropriate meeting format for the continuation of "Quarterly Forums". Regular City Council Meeting January 28, 1998 Page Eight · MOTION by Tara~ka/Canwright I'd like to make a motion to offer a cash settlement in the amount of $4,000 for total restitution of tree removal subject to his execution of a release form prepared by the City Attorney. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - ave Mr. Taracka - aye Mm. Cartwright - nay MOTION CARRIED 3-2 (Sullivan, Cartwright. nay) 98.031 Schedule Quarterly Ogen_Pub_[ic Fo._rum Dates {City Manager Transmittal 1/21/98. Calendars) Mrs. Cartwright said the new Cotmcil may want to schedule dates aPter March. Mr. Paul suggested meetings be kept to Wednesday nights; and said if Council is going to continue these forumS, it should start addressing the issues the public brings forward. MOTION by Sullivan/Taraeka I move to approve the r~ommendation to establish February 24, April 29, July 29, and October 29, 1998, for the quart~ly open workshops. ROLL CALL: Mm. Sullivan - aye " Mr. Bm - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye .. MOTION CARRIED 5-0 98.032 C. Police l~p.artment Dispatch Chief White said Communications International will let the Department use a recorder until October 1998 in exchange for the Departm~t's old radios and base station. MOTION by Cartwright/Sullivan So mOved. ROLL CALL: Mr. Bam~ - aye Mr. Taracka - aye Mrs. Canwright - ave Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 41 Regular City Council Meeting April 9, 1997 Page Nine 97.111 B. 97.021 C. Schedule Quarterly Meeljngs (Cily M~gager Transmittal ~3/97) The meetings were tentatively scheduled for April 30, July 30, and October 29, 1997. The meetings were formatted as follows: Five minutes with extension up to ten minutes with a majority vote of City Council; people's suggestions or problems appropriate, to the City following same rule as Introduction of Business from the Public regarding be!ng timely within last six months; no personal attacks on staff or Council; sign-up sheets; no action by Counc'fl; and meetings to be audio taped but not videotaped. The City Clerk asked the City Attorney if a meeting should have an agenda and the City Attorney said this is more like a town meeting with a generalized agenda. The City Manager suggested Council be seated at a table on the floor and City Council concurred. First Reading of Ordinance No. O-97-12 - Set Second Reading, Public Hearing and Final Adoption for 5/14/97 (Community Development Transmittal 4/2/97, O-97-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATED TO CONDITIONAL USES; AMENDING SECTION 20A-6. I.B. REGARDING PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR A CONDITIONAL USE PERMIT; AMENDING SECTION 20A-6.1.C.8.A CORRECTING THE APPLICABLE ZONING DISTRICTS IN WHICH CULTURAL OR CIVIC FACILITIES ARE PERMIUIE~, PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-97-12 by title. Mrs. Sullivan inquired what 20A-11.7, referred to in the ordinance, requires. The Director of Community Development said the new 20A-11.7 will address the overall public hearing notice requirements which was recently discussed at a workshop and will come back for first reading in the near future. He added it may come back amended to require notice within 300 feet rather than 200. 179 I I i i I I I I I i I I I I I i I i .... I City. of Sebastian, Florida Subject: Town Hall Meeting Agenda No. Approved for Submittal by: City Manager Exhibits: EXPENDITURE REQUIRED: Department Origin: City Manager Date Submitted: April 5 1999 For Agenda of: April 14,1999 AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARY As it was discussed at the March 24, 1999, Regular City Council Meeting, it was the general consensus of City Council to establish "Town Hall Meetings." If it is the City Council's desire to pursue this matter, please direct staff with a schedule of dates and an appropriate meeting format. RECQMMENDI~D ACTION Implement "Town Hall Meetings," by establishing a schedule of meeting dates and an appropriate meeting format. I I I I I I I I .~~ I I I I I Z I i I i I I I ~ I I I I I I Z e City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 14, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Wininger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Chaplain Frank Camillo, Police Department Chaplain and First Baptist Church, Barefoot Bay. BOLLCALL City Count:il Present: Mayor Mart. ha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: Interim City Manager, John Van Antxverp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Chief of Police, Randy White Growth Management Director, Tracv Hass Public Works Director, Terry Hill City Engineer, Mart. ha Campbell Parks Superintendent, Chris McCarthy Deputy City Clerk, Sally Maio Regular City Council Meeting April 14, 1999 Page Two 99.033 99.073 99.074 Ye AGENDA MODIFIC~,TIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote o£Ciry C~ncil membem It was the consensus of City Council to move New Business item H up to A. 1. PROCLAMATIONS, ~NNOUNCEMENTS AND/OR PRESENTATIQ~S A. Presentation of Ccttificole, qf Completion to Vice Mayor Neuberger - Atten4ance at Advanced Institute for Elected Officia!~ The City Clerk read and presented the certificate of completion to Vice Mayor Neuberger. B. Presentation of Pr~lamatiot~ - Confederate History Month - Cqmmande~: Gene Lee & Lt. Commander Carl Walk~ccepting Commander Gene Lee and Lt. Commander Carl Walker were not present. C. Sebastian River Art C~b Presentation of Cheek to City - Presented by Ma~jorie Marjorie Schaub, on behalf of the Sebastian River Art Club, presented a check in the amount of $400 to Parks Superintendent Chris McCarthy for the purpose of the City purchasing new park benches in Riverview Park. CITy_ATTORNEy MATrER~ * Reported on receipt of the executed deed to the Filbert Street property from Indian River County. Mayor Wininger requested use of the Filbert Street property be placed on the next agenda. ~']TY MANAGER.M~ATTERS * Said he had received a request for a Prayer Ceremony on Thursday, May 6, 1999 for International Day of Prayer. No objection. Reported on Halloween presentations given by churches and was asked whether there was any conflict with City functions. The City Clerk said there was no conflict. CITY CLERK MATTER~ None. 2 Regular City Council Meeting April 14, 1999 Page Three 10. CITY CgIjNCIL MATTERS A. Vic~ Mayor Netlbergel: Suggested Council attend the Tuesday, April 20, 1999 meeting at 5:30 p.m. with the Charter Review Committee to let them know what Council is loo 'king for. All stated they could attend. Asked why other than the city franchised trash hauler picks up within Park Place, and the City Manager said he will investigate. Discussed resident concerns about overgrown unimproved lots; and inquired about City money spent and liability issues in maintaining them. Reported on the MPO meeting re: new 1-95 interchange, and future sidewalk plans and public transportation needs Reported on the Treasure Coast Council of Local Governments The Interim City Manager responded relative to future bikepaths, improvements to Indian River Drive and Riverview Park expansion. Vice Mayor Neuberger said he would like a report back on his items and Council B. ~4r, Barczyk Reported on calls he had received on cars speeding on Barber Street and Schumann, the need for a traffic light at the intersection of Barber/Schumann; and planes flying too close to homes.' The interim City Manager said he would talk to Skydive Sebastian again regarding airport rules and regulations. C. Mr. Bish~ Said he will resign his position on the Chamber of Commeme Board of Directors due to a conflict with his assignment as Council liaison to the Chamber. Reported that the liability bill relative to skateboard park has passed the House and Senate; noted that the last Skateboard meeting was not held due to lack of attendance; and urged grant funds be sought. The City Attorney advised that Councilmembers may become involved but must comply with the Sunshine Law and Mr. Bishop volunteered to act as liaison to the Skateboard Committee. Council concurred. Mr. Majcher suggested inviting park developers to address City Council and the interim City Manager was directed to set up a meeting. The City Clerk said the Chief of Police had visited another City and brought back photos and that she would locate them and copy them to Council. D. Mr. M(t~her Reported on calls regarding the need for repairs to Midvale Terrace. Staff was directed to provide a copy of the paving program list to Mr. Majcher. Regular City Council Meeting April 14, 1999 Page Four E. ~la,y. or Wininge, i: Asked why staff cannot mail residents a security alarm application. Reported on receipt of a response to Council's flood map request from DCA. Noted a letter from BTR Labs regarding an education program and requested a Council liaison for the grant meeting on April 27, 1999 fi.om 2-4 pm. Mr. Barczyk volunteered. Asked about notification to residents regarding credit for lack of service by Falcon Cable franchise. Discussed a petition from residents requesting a street light on Barber Street near the fire station and requested a report within a month. Discussed the City Manager interviews on April 24, 1999, and advised it is important that each Council member have one standard question they ask of all applicants. Discussed a letter fi'om Corem regarding Vickers Grove sandmine public safety issues and requested the City Manager to contact Mrs. Corem to discuss the issues. Discussed a letter regarding aircraR complaints. Reported on Fourth of July festivities, suggesting a City booth in Riverview Park for distribution of City information. The City Manager responded he will respond to her inquiries. 11. CONSI~.L~IT AGENDA ~tll 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 unle~ a member of Cio~ Council so ~; in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 3/24/99 Regular Meeting, 3/30/99 Special Meeting 99.075 B. Request for Use of Riverview Park by Sebastian River Art Club - 11/20/99, 12/11/99, 1/15/00, 2/19/00 & 2/20/00, 3/18/00, 4/15/00 w/Raindates as Requested, 3/26/99 Russell Letter) 99.076 C. Request for Use of Community Center by Mosqueda for "Sweet Fifteen Party" - 5/22/99 - 3 pm to 11 pm - ~ Request - Date of Birth Verified - Security Paid - 150 People - Contingent on Hiring Police Officer (City Clerk Transmittal 3/23/99, Application) 99,077 D. Adopt Resolution No. R-99-24 - Vacation of Easement - Crowe - Lot 11 & 12, Block 161, Sebastian Highlands - Unit 5 (Growth Management Dkector 4/7/99, R-99-24, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF CERTAIN EASEMENTS OVER LOTS 11 & 12, BLOCK 16 !, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREwrrI~ PROVIDINO FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The Interim City Manager read the consent agenda, TAPE I - SIDE II (7:47 pm.) and the City Attorney read Resolution No. R-99-24 by title. 4 Regular City Council Meeting April 14, 1999 Page Five Mayor Wininger removed items A and C; Mr. Neuberger, Bishop and Majcher removed item C. MOTION by Neuberger/Bishop "I make a motion to approve items B and D." ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Item ,~.- Minutes Mayor Wininger noted a clerical error on page circle 19, change "Regular" to "Special" and"'7 am" to "9 am". MOTION by Wininger/Neube~ger "I move to approve item A as amended." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 Item C - Mosque~Par~ Discussion took place on the use of alcoholic beverages at this function. MOTION by Barczyk/Wininger "I'd like to make a recommendation that item C be approved." ROLL CALL: Mr. B~rczy. k - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Winingcr - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 Regular City Council Meeting April 14, 1999 Page Six 99.065 12. pUBLIC HEARING A. Second R¢~lJ/lg, Pl~loli~: ~aril~g al/d Fin. gl Adoption of Ordinance No. 0-99-02 - Charter Rcyiew ~2ommittee Appointment Procedure~ (..Ci~ Attotn~ Transmittal 3/26/99, 0-9_9-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHINO PROCEDURES FOR APPOINTMENT AND OPERATION OF CHARTER REVIEW COMIM1TTEE; PROVIDING FOR CONFI~CTS; PROVIDING FOR SEVERABILrfY; PROVIDiNG FOR EFFECTIVE DATE. (lst Reading 3/30/99, Adverfis~l L~gal 4/3/99, PH 4/14/99) 13. Mayor Wininger opened the public heating at 7:54 p.m.; the City Attorney read Ordinance No. 0-99-02 by title. The City Attorney noted that he had added language relative to no prohibition from serving On other boards. Mayor Wininger closed the public hearing at 7:56 p.m. Mayor Wininger noted that this ordinance provides for interview and that another area of the Code states the interview can be waived. The City Attorney advised striking "and the interview". Mayor Wininger requested adding that the committee shall submit its recommendation within six months. The City Attorney advised that language be added to the last paragraph as follows: ".,.which shall occur within six months of the committee's formation." MOTION by Neuberger/Wininger "I make a motion to adopt Ordinance No. O-99-02 as amended." ROLL CALL: Mr. Bishop -aye Mr. Majeher . aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 I~TRODU~IO_N OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within ate previous six months which is not oaterwise on ate agenda - sign-up required - limit often minutes for ench speaker Mayor Wininger read from the Government in the Sunshine Law manual, page 57, paragraph (3). (see attached) I I I I I I I I I I i I I I I I I Regular City Council Meeting April 14, 1999 Page Seven The following individuals addressed City Council: Ruth Paasch, Cedar Street, Sebastian - distributed photos and discussed the need to clear underbrush from empty lots. Herbert Sturm, Saunders Street, Sebastian, - inquired about the nuisance ordinance and lack of Code Enforcement Herb Munsart, Seahouse Street, Sebastian - inquired about rubbish dumped on a lot, lack of an ordinance to enforce it, and the need for language on the books Richard Taracka, Coverbrook Lane, Sebastian - 1) inquired about deletion of the Riverfront Performance Overlay waiver provision; 2) questioned Code Enforcement officers riding together; 3) expressed concern about selective Code Enforcement in the City; 4) urged state certification for Code Enforcement officers. The Growth Management Director said there have been vehicle problems in the past forcing officers to; and that both officers must be state certified within their fa'st two years. Mr. Taracka resumed his input - 5) opportunity to save money by revisiting the need for police dispatchers. Mayor Wininger said she would invite discussion on the police dispatcher issue. Walter Barnes, Azine Terrace, Sebastian - 1) urged participation in Great Florida Cleanup Day on Saturday, noting a challenge to Cities to pick up the most trash; 2) reported on a break-in at a family member's house and commended Detective Byers; 3) discussed a violation that has had five notifications and no citation, and the need for better Code Enforcement Mayor Wininger stated the citation process needs to be implemented. Tut Connelly, 149 Kildare Drive, Sebastian - 1) discussed the importance of City Manager applicant background checks Regular City Council Meeting April 14, 1999 Page Eight Bob Asheroft, George Street, Sebastian - urged Council not to reduce City Manager qualifications Mayor Wininger called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m. All members were present. 14. COMMITTEE Ri~PORTS/RECOMMENI~ATIQ[NS A. 13_uqlg~t Adviso .fy Rexi~AP~9~r¢ (City Clerk Transmitta] 4/7/99. Appl[catio~) TAPE II. SIDE I (8:47p. m.) 99.066 For~al!~.Announ¢~ Five Individual, City Council Appointme~t~ Wininger - Edwin Gileher Neuberger - Lam] Napier Ba~'zyk - Herbert Munsart Bishop - David Foikening Majcher - Gene Rauth Each City Council member formally announced Ms/her appointee. 2. hlterviexv ~nd Appoint Remainder of Applicants t~or Two At-Large Member Positions City Council waived the interviews for the remaining two at-large applicants and appointments were made as follows: MOTION by Barczyk/Wininger "I recommend we approve the two applicants for the at-large positions, Richard Smith and Angela Sherbrook." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barezyk - aye MOTION CARRIED 5-0 B. Charier Review Committee (City Clerk Transmittal 4/7/99, Applications) 99.065 Formally Announce Ten Individual City Council Appointments Wininger - Nathan McCollum and Inez Fielding Neuberger - Sandra McCann and Harry Thomas Barczyk - James Hill and Walter Barnes Bishop - Larry Paul and Louise Cmwright Majcher - Tut Connelly and Sal Neglia Regular City Council Meeting April 14, 1999 Page Nine Each City Council member formally announced his/her appointee. 2. Interview and Apl/oint Remainder of Applicant,~ for Five At-Large Member Positions It was the consensus of City Council not to include Louise Kautenberg's application due to the fact that it did not meet the April 2, 1999 at-large application deadline as listed in the advertisement. City Council waived interviews for the remaining at-large applicants and appointments were made as follows: MOTION by Bishop/Neuberger "I will nominate Lany Napier." ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 MOTION by Neuberger/Majcher "I'd like to nominate Adrina Davis." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye.. Mayor Wininger - aye MOTION CARRIED 5-0 MOTION by Wininger/Bishop "I'd like to nominate Norma Damp." ROLL CALL: Mr. Barczvk - aye Mr. Bishop - aye Mr. Majcher - nay Mayor Wininger - aye Vice Mayor Neuberger - nay MOTION CARRIED 3-2 ~lajcher, Neuberger - nay) Regular City Council Meeting April 14, 1999 1 Page Ten MOTION by Barczyk/Wininga' ,, I "I'd like to nominate Joe Generazio. ROLL CALL: Mr. Bishop - nay 1 Mr. Majcher - aye May~r Wininger - aye Vim Mayor Neuberger - aye 1 Mr. Bamzyk - aye MOTION CARRIED 4-1 (Bhtaop - nay) MOTION ,by Majcher/lqeuberg~ "I d like to nominate SLave Munchak." I ROLL CALL: Mr. Majcher - aye Wininger - aye I Vim Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bi.shop - aye I MOTION CARRIED 5-0 C. Pl~ttllli/lg ~md Zoning Co~ni~on (Ciliy Clerk Tra~smjltal 4/5/99. Two g, pplications) I ~).OOSA 1. IllI~rview and Appoha One Regular Member with Tenm to Expire 4/2002 1 99.O08B 2. Interview and Api~ojat On0 Rcgulilr M~wher with T?rm to Expire 5/2002 .' MOTIO B ¢zykmeut ,e I d like !,o reco~ that we approve the two applicants since they are akeady members · of the board and I d like to mend that they just stay on - Jean Vesia and Charles Barrett Jr." ROLL CALL: Mayor Wininger - aye I Vice Mayor Neuberger - aye Mr. Barezyk - aye Mr. Bishop - aye 1 Mr. Majcher - aye MOTION CARRIED 5-0 I Regular City Council Meeting April 14, 1999 Page Eleven 15. OLD BUSI~IESS 99.071/ A. 98.179 99.073 16, Herbert Sturm R~quest to Rggddress City Manager Proposal (Ci .ty M0nag~r_Transmittal 4/8/99, Stlttr0 Submittal Under Separate C0v..er) Mayor Wininger advised Mr. Sturm to keep his remarks to method of resolution. Herbert Sturm stated "I would recommend to the Council that the Council cause Chief White, Captain Puscher and Sergeant Beyer to be suspended pending an investigation", and "I would also recommend that the Council do this investigation. Council has authority according to the Charter." The City Attorney stated "You (Council) are authorized to do investigations under the Charter if you so choose. You are not authorized to suspend an employee other than the three Charter Officers. That, under the Charter, is the City Manager's prerogative." He went on to say, "It wouldbe my strong recommendation that no investigation be done, because I have heard from Mr. Sturm that he seeks compensation in this matter of $400,000. If he doesn't get it, he intends to sue, and in that case, it is my further recommendation that no further contact, no further discussion occur except myself and his attorney." MOTION by Wininger/Bishop "I recommend that we heed the advice of our Attorney, and I so move." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Winingcr - aye MOTION CARRIED 5-0 NEW BUSINESS Proposed Resolution bio, R-99-21 - Ci~ Council Meeting DatC~L Times, Procedures (Ci .ty Clerk Transmittal 4/5/99 Proposed R-99..-¢ D A RESOL~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-97-21; ESTABLISHING THE DATE AND TIME FOR crrY COUNCIL MEETINGS, WORKSHOPS AND QUASI- JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC I-IEAR.INO PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; 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-99-21 by title. 11 Regular City Council Meeting April 14, 1999 Page Twelve It was the consensus of City Council to insert Wednesday into the blanks. Mayor Wininger suggested simplifi~,ing the public hearing procedures as it appears on agendas, discussion followed, however there was no clear consensus. MOTION by Wininger/Neuberger "I move to adopt Resolution No. R-99-21 as amended." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 99.082 H.(A. 1) Consider Ivapl~ta.e~ation_of. Water Restriction ((~ity Manager Transmittal 4/5/99, Sec. 10242 Code_ of Ordinances) Richard Taracka, Coverbrcok Lane, Sebastian, discussed the urgency of the water shortage. TAPE Il- SIDE II (9:34 p.m.) Discussion took place on the St Johns River Water Management District mandatory rule that there be no watering between l0 am and 4 pm, and its request to voluntarily limit watering to two days per week; and imposing the City's water restriction regulations and penalties as set out in the Code. MOTION by Majcher/Wininger "I move that we do." (put the City Water Restriction Plan in effee0. Mr. Bishop recommended the City go beyond the Water Restriction Plan and adopt the St. Johns' standard rule as a permanent enforceable City role. ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 The City Attorney was directed to drag an ordinance establishing St Johns' standard water restrictions as the City's permanent year round restriction for the next Council meeting. 12 Regular City Council Meeting April 14, 1999 Page Thirteen 99.oo7 B. Aglol;)t Resolution No. R-99-22 - Support for Local Option One Cent Sales Tax (City Clerk. Irmqmittal 4/_,5/99, R-99-22, IRC Letter) A RF.,$OLIYHON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA EXPRESSING SUPPORT FOR CONTINUATION IN INDIAN RI'qER COUNTY OF THE LOCAL OPTION ONE-CENT SALES TAX AUTHORIZED PIJRSHAIqT TO CHAPTER 212.055, FLORIDA STAll. ri'ES; PROVIDING FOR AN' EFFECTIVE DATE. The City AttorneY read Resolution No. R-99-22 by title. MOTIO,N,, by Wininger/Bishop I move to adopt Resolution No. R-99-22." ROLL CALL: Mr. Majcher - aye Mayor Wininger - aye ' Vice Mayor Neuberger - aye ' Mr. Barczyk - aye ' Mr. Bishop - aye MOTION CARRIED 5-0 ' 99.078 C. Aqlopt ResolutiQn No. R-99-23 Declaring Surplus Property (City Attorney Tr. agsmittal 4/5/99. R-99-231 - A RESOLUTION OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARINO SURPLUS CEMETERY PROPERTY; DII~CTING CITY MANAGER TO OFFER SAID PROPERTY FOR SALE BY BII~, PROVIDING FOR ADVERTIS1NCr, SETTING CONDITIONS; AUTHORIZING CONVEYANCE; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-23 by title. Discussion took place on the legal description, the bidding procedure, and direction to the City Manager to bring back an item to establish the use of the funds from the sale. Staffwas directed to provide a copy of the legal notice and the date for the bid opening. MOTION by Wininger/Barczvk "I to ResOlution No. R-99-23." move adopt ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting April 14, 1999 Page Fourteen 99.079 D. 99.080/ E. 98.060 99.081 F. Ealcon Cahl~ Modificatio~ of Fornl j 240 Filing Date (City Manager T. ransmitta[4/2/99, Y~0j'wooql MOTION by Wininger/Neuberger "I move to approve Falcon Cable's request to establish a new Form 1240 filing date of March ist, with an effective date of June 1st on all future rate increases." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 13ellSouth Mobility Te. lKoorary Communication ~lcility Qity of Scbasti, an Site VEI~O5(T) - Approve Twelve Month Extension from 4/J/99 through 3/31/00 *It $7,09j~l'Per Month (Ci,~ Manager Iransmittal_4/5199,.Agreem~rtfl MOTION by Bishop/Barczyk "I move to approve BellSouth Mobility's request to extend the Agreement for a Temporary Communication Facility for twelve months, commencing on April 1, 1999 through March 31, 2000, at $700 a month, plus applicable tax." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 Purchase and Installqtjo~l of Twenty Benches Along IMian River Ddv~ Sidewalk (Growth Management Transmittal 416L99. Sli~ff :~ummary and Recgmmenclltion, Minutes) The Growth Management Director distributed a bench location map and made a presentation to City Council on the purchase of the benches with remaining Community Development Block Grant funds. TAPE IH - SIDE I (1 O: 23 pm.) 14 Regular City Council Meeting April 14, 1999 Page Fif'~n 99.015 G. MOTION by Wininger/Ban:zyk "i would like to that we will extend the meeting only so long as it takes us to do item G on the agenda and to postpone action on item I, J and K until the next meeting." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye V-~:~ Mayor Neuberger - aye Mr. Batczyk - aye MOTION CARRIED 5-0 There was a consensus to iavgstigate the purchase of bike racks. MOTION by Barczyk/W'~ger "i recommend thawe approve the purchase of the benches with the amendment that we consider the purchase of a minimum of three bicycle racks within the cost." ROLL CALL: Mr. Majcher - aye May. or Wi/finger - aye t/'m Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 C.R, McLellan Allrlual Culvert Contract - Approve Worl~ Orders 1-4 in th~_Arl!91lll[ ~lfSj3.807_,55 and Work Order 1 in the Atnpunt of $22,553.55 [Engineering/Public Works Transmittal 4/7/99, Work Orders) MOTION by Wininger/Rmberger "I move to authofiz, Work Order Numbers 1 through 4 in the amount of $53,807.55 and Work Order # 1 in the amoral of $22,553.55 to C.R. McLellan." Mr. Neuberger said he heard C.R. McLellan is subcontracting out its work and discussion followed. ROLL CALL: M~.or Wininger - aye ~/ice Mayor Neuberger - nay IVa. Barczyk - nay blt. Bishop - aye Mr. Majcher - nay MOTION FAILED 3-2 (Noaberger, Barczyk, Majcher - nay) 15 Regular City Council Meeting April 14, 1999 Page Sixteen 99.083 I. 99.084 j. 99.085 K. MOTION by Wininger/Neuberger "I will so move that this item, McLellan Culvert replacement program, work orders 1-4 and side yard installation work order I be placed on the agenda of the next meeting and that the questions that Mr. Neuberger asked shall be answered prior to any action taken." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 The following items were postponed to the beginning of the April 28, 1999 Regular Meeting. Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes) Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts) Town Hall Meeting (City Manager Transmittal 4/5/99) 17. Mayor Wininger adjourned the Regular Meeting at 10:35 p.m. Approved at the ,1999, Regular City Council Meeting. Martha S. Wininger Mayor Kathryn M. O'Halloran, CMC)AAE City Clerk 16 I I I I I I I i City of Sebastian, Florida Subject: Tentative Fiscal Year 1999-2000 Budget Calendar Approved for Submittal by: City Manager Ex"bits: " Tentative Fiscal year 1999-201}0 Budget Calendar EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A Agenda No. Department Origin: Finance ~ Date Submitted: April 22, 1999 For Agenda o£: April 28, 1999 APPROPRIATION REQUIRED: N/A SUMMARY As in previous years, the City Council has adopted a proposed Budget Calendar. Attached is a proposed Tentative Fiscal Year 1999-2000 Budget Calendar. The School Board has set their budget hearings and the County has voted on their budget hearings, however, as in past years, the County's budget hearings are subject to change. As more concrete information becomes available the budget calendar will change. Staffwill keep the City Council informed of any pertinent changes as they occur. RECOMMENDED ACTION Recommend approval of the Tentative Fiscal Year 1999-2000 Budget Calendar. DATE 4/28/99 5/3/99 5/13/99 5/24/99 5/24/994/28/99 6/3/99 5/31/99-6/3/99 6/10/99 6/11/99 - 7/2/99 6/11/99 6/24/99 7/8/99 7/22/99 7/27/99 8/4/99 8/! 8/99 9/7/99 9/8/99 9/9/99 9/14/99 9/22/99 TENTATIVE FISCAL YEAR 1999-2000 BUDGET CALENDAR DAY Wednesday Monday Thursday Monday Thursday Thursday Friday Thursday Thursday Thursday Tuesday Wednesday Wednesday Tuesday Wednesday Thursday Tuesdav Wednesday EVENT City. Council approves Tentative Budget Calendar Fiscal Year 2000 Budget Packages to Department Heads Tentatively Scheduled Meeting of Budget Advisory Committee to outline City Budget procedures and introduce nexv members to Fund Structure and Municipal Accounting in general DePartment Budget Packages due to Finance for Compilation City. Manager Fiscal Year 2000 Budget Meetings with Department Heads Estimate of Property Value to be received from Property. Appraiser City Manager's Recommended Budget to be compiled and mailed to Budget Advisory. Committee members with supporting documentation. Tentative Budget Advisory. Committee meeting Secondary Department Head Meetings to update budget projections. Five Year Capital Project Schedules due to Finance for Compilation in Budget Document Tentative Budget Advisory Committee meeting Tentative Budget Advisory Committee meeting Tentative Budget Advisory Committee meeting iST READING OF SCHOOL BOARD BUDGET ~ 6PM Tentative Council Budget Workshop Tentative Council Budget Workshop FINAL ADOPTION OF SCHOOL BOARD BUDGET ~ 6PM TENTATIVELY SCHEDULED COUNTY IST READING OF COUNTY BUDGET Tentatively scheduled 1st Public Heating of Cit~' Budget - Adopt Preliminary Millage Rate TENTATIVELY SCHEDULED COUNTY ADOPTION OF COUNTY BUDGET Final Public Hearing of City Budget - Adopt Final Millage Rate and Budget Ordinance I City of Sebastian 1225 Main $1reet Sebastian, Florida $2958 Telephone ($61) 589-5330 FAX ($~1) 589-5570 Subject: Charter Review Committee member resignation and appointment of new member Approved for Submittal by: City Manager Exhibits: Resignation letter; one application I Expenditure Required: [ Amount Budgeted: Agenda No. ~.0~'''~ I)epartment Origin: City Clerk ~/¢, 0 ,~ Date Submitted: 4/21/99 For Agenda off 4/28/99 Appropriation Required: SUMaMARY STATEMENT Steven Munchak, at-large member on the Charter Ik'view Committee, has submitted his resignation. RECOMM~DED ACTION 1. Accept resignation of Steven Munchak from the Charter Review Committee. £. Appoint at-large member to the Chatter Review Committee to replace Mr. Munchak. On Monday, April 19, 1999 we had three at-large applicants for possible appointment to the Charter Review Committee. As of this date, Joan Kostenbader and Gene gauth have withdrawn their applications leaving one applicant, Louise Kautenburg. -1.- APPLICATION TO SERY]~ O~ CITY BOARD/COMMITTEE .',. (All City Board and Committe~ Membera Must be Residents of the City of Sebastian) ~OM~ ADDRESS: HOME PHONE: ~.5~o0~,a0~, ~ HOME FAX: E-MArL: BUS.SS: BUSm-~SS ADDRESS: ~usmmss ~'HO~$?-"/Y,¢9 Bush, mss FAJC.~-.C~.< E-MArL: ~YOUA~GIS~DVO~m ~ c ~ VO~G. NO. g~~ HOW LONG ~ YOU B~ A ~Sm~ OF ~AS~? ~ ~ ~ ~a DO YOU ~Y HOLD ~ P~C 0~? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OK COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #I: BOARD OF ADIUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETntE~ BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD OTHER TEMPORARY COMMITTEE mum IN COM rr . APPLICABLE EDUCATION AND/OR__EXPERIENCE: !a~h separntc resume if.n.ecessary) -~,a ,,~.~./-,'~, £,~o_ ~.z._~ .~.,~,,-. ,.~,' ,.,,. ,,~z .~s.~.-~,~ ) ._ REASONS ~0R WANTING TO SERVE ON BOARD OR,C.01V~,ITTEE- LJST ANY ADDmONAL QuALI~CA'~.ON$ TO SERV~E .0N~BOARD OR COMMiTi-EE: HAVE Y0U EVER BEEN CONVIC~ 0F ~ ~0~ ~ ~S OR ~ STATE? i HAV~ YOU EVEN BEEN CONV/C/ED OF ANY MISDEMEANOR INVOLVING MORAL TUR~m.~D~ ~ T~S 0~, A~ ST.',T~?.//'~ ' WO~D %u CO~S~D~.P, S~,WO OS ^ BOA~ o'r~, I hereby certify that I am qualifi~l to hold tl~ l~ifion fo~ which tl~ application is mado. Further, I hereby authoriz~ the City o£ Sebastian to inv~ti§at, the tmtlffuln~s of all information which I have provid~ in this application. I unde~tand that any mi~pr~mtation or ommi.~ion of information requ~t~l in this : ~plication is cause for disqualification. . I have been provided with, r~ and underact City of Sdm~tian Cod~ of Ordinanc~ S~tiom 2-166 through requested. · . ', Applicant Signauu'c./'""~ Subscribed ~md sworn to before me this c~c--~ day o£/~~.~~' //~ ~"~,, by ~Oe~//_ff~ /~/~t-/'-r,'/~J/4/~'~ ~vho is personally kn~ me, or has produced ~ as identification ',: ... ' ~( ~ Notary Public~ City of Sebastian 1225 Main Street Sebastian, t'lorida $2958 Telephone ($61) 589-53S0 PAX (I~61} $89-SS70 Subject: Recreation Advisory Committee Resignation Approved for Submittal by: city Manager Exhibits:Resignation letter · ' i Expenditure Required: Agenda No. ~.00~ / Department Origin: City Cler~b,d Date Submitted: 4/20/99 For Agenda of: 4/28/99 Amount Budgeted: Appropriation Required: SUM/YI3,RY STATEMENT Nancy Pfister, alternate member on the Recreation Advisory Committee, has submitted her resignation. RECq)MMENDiiD ACTION Accept resignation of Nancy Pfister from the Recreation Advisory Committee. PALM BAY'MED'SURG NORTH '~'407 722 8065 04/20/99 08:11 0'02/02 N0'906 April 20, 1999 City of Sebastian 1225 Main Street Sebastian, Florida 32958 To Whom It May Concern: Please accept my resignation 'as an alternate from the Recreation Advisory Committee. Thank you for the opportunity to be a part of this committee. I am interested in being part of a committee that has a larger agenda and is more active. I hope you will keep me in mind for another committee. Thank you for your consideration. Sincerely, Nancy Pfister 726 Layport Drive Sebastian, Fl. 32958 561-589-3526 I City of Sebastian Telephone ($61) 589-55110 FAX (561) $89-$570 Subject: Tree Advisory Board ' Agenda No. ~2q, O ~" Approved for Submittal by: City Manager Department Origin: City Clerk ~ /q Date Submitted: 4/19/99 iT~A~ ~"-.z~ For ngenda of: 4/28/99,, Exhibits: Two applications, board member list, advertisement._ Expenditure Required: Amount Budgeted: I Appropriation Required: SUtMMA RY STAT~ F~HT The Tree Advisory Board currently has three regular member positions and one alternate member position open due to term expirations and resignations. These positions were advertised as required and two applications were received. RECOMMI~NDI~D ACTION , Interview applicants, unless waived by Council, and appoint as follows: 1. Regular member position of Shirley Kilkelly - term to expire Apr/il, 2001 £. Regular member position of Carl M. ~hr, Jr. - term to expire ^pril, 200I :3. Regular member position of Clay Fielding · - term to expire April, £001 4. Alternate member position of William Brognano - term to expire November, 2000 The City Clerk's office will readvertise to fill the remaining two positions. ' i I I I I I I I I I I I I I I I 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) NAME: '/~/~, ~tz HOME ADDRESS: HOME PHONE: HOME FAX: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: ,,~ BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER? y d S VOTER REG. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? L~ ~'z, Yr- $ DO YOU CURRENTLY HO~,D ANY PUBLIC OFFICE? /cJ ~ DO YOU PI~SENTLY SERVE ON ANY OTHER CITY BOARD 0R COMMITTEE? WHICH BOARDS/COMMITTEES? A/o PLEASE CHECK THE BOARDS ON WHICH YOU ARE ]lqTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CHARTER REVIEW COMMITH~ (serves only 6 months every 7 years) CITIZENS BUDGET_ REVIEW ADVISORY BOARD 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) PPLICABLE EDUCATION AND/OR EXPER/ENCE: (attach separate r~ume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI'FfEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLV~G MORAL TURPITUDE IN THIS OR ANY STATE?/~ o WOULD YOU CONSIDER SERVING ON A BOARD OTI-I~R THAN THE ONE(S) SELECTED I hereby certify that I am qualified to hold the position fo~ which this application is made. Further, I hereby authorize thc City of Sebastian to investigate the truthfulness of all information which I have provided, in this application. I understand that any misrepresentation or ommission of information requested in this application is cans~ for disqualification. have been provided with, read and understand City of Sebastia~ Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. App,~y~tSign~,~;..,~.-':-'~- -~:- ..~, , ./ Subscribed~d sworn to before me this ~ff".~day of(.~ , /~'~'.,~', by , ,./. ~o,,e'~e.~' is-. knovm~---me, or has produced tTg,,f..~yZ g4/Gd,7.f.~,'~-.,5"o4, asidentifieation. , -7tl /,~j_~,..' I1~ · - ~_ .....~ ........ .~ , _,_- "~' rev. 4/5[99' ',L~, '~.~-'V' "~' - I I I I i I I I I I i I I I I I I I I ~PPL!CATION TO SERVE O,N CITY B_OARJ)/COMB4ITTE~ (All City Board and Committee Members Must be Residents of the City of Sebastian) , , HOME PHONE: 3 q~" ,LzL~ ~ ~ HOME FAX: E-MAIL: i I I I I I I I I I I I I BUSINESS ADDRESS: BUSINESS PHONE: ~-- BUSINESS FAX: A~','OUA~,STn~DVOT~? t'~C VOTn~O.~0. -~'.5'/~/; 5-. HOW LONG. HAVE YOU BEEN A RESIDENT OF SEBASTIAN? ~'/~, ~-, DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~o ~'ou ~,ns~m?,' s~v~ o~ ~ o.~. crrv ~o.~ o~ co~,~'r~7 ?nc~ ~OA~D~CO~: //~ . PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PKEFEKENCE WITH FIRST CHOICE BEING #I: BOARD OF ADRJSTMENT C0D~. ~N~o~c~nvr BOA~ CONSTRUCTION BOAKD H~'PIC~PED S~.~UA'nON POLICE RETIREMENT BOARD OF TRUSTEES TREE ADVISORY BOARD ~, / / ~ J/ ~ O PPLICABLE EDUCATION AND/OR EXPERIENCE: (a~ch separate resume if necessary) /' (2 / =~¥o~z~s~z~ co~~ o~ ~'~ =~o~ ~ ms o~ s4~d , :" WO~ YOU CONS~ S~O ON A BO~ O~ ~ ~ O~(S) SELEC~D I h~eby ~ ~ i ~ ~ ~ hold ~e ~flon fo '~ ' ~ '~fion ~ m~. F~, I hereby ~o~ ~ Ci~ ofS~fi~ ~ ~v~ ~e ~~s of~ ~o~afion w~ch I have pro~ ~ ~s ~pflcaflon ~ ~ for 2-173 (a~. ~o~oa Subscfib~ ~d ~om to before m ' '~ff Y 'f C~ _/ . /fff7. by ~~..~//?~f/. , who [s p~onally ~o~ to m' ~, e h= .pr~ce~ NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 4/I/99 AND WILL BE REViSED AT THE BEGINNING OF EACH MONTIt THESE POSITIONS APE TWO YEARS ACCORDING TO THE CODE OF ORDINANCES. TR~E ADVISORY BOARD 2 YEAR TERMS MEETINGS SHALL BE HELD AT SUCH PLACES AND TIMES AS SPECIFIED BY THE CITY COUNCIL FROM TIME TO TIME, AND SHALL BE OPEN TO THE PUBLIC. SHIRLEY ~Y 950 FRANCIS~ AVENUE SEBASTIAN, FLORA 32958 589-5062 CHARLES D. CARDINALE 474 THO'MAS STREET SEBASTIAN, FLORIDA 32958 589.4892 HOME 6AP, L M: BEiIR, YlL 742 BELFAST TERRACE SEBASTIAN, rl.O~A 32958 589-0208 C~%Y rIEl. DIN& iig? GARDL-NtA STREE-~- SEBASTIAi~ FLORIDA Z2958 589, 4480 DANNE A. HERLAN 166 KILDARE DRIVE SEBASTIAN, FLORIDA 32958 589-8918 CHARLES ROTH 749 BENEDICTINE TERRACE SEBASTIAN, FLORIDA 32958 589-8333 144 S. ~RO",¥ DRIVE SEBASTIAN, FLORIDA 3295 8 589-1299 BOARD SECRETARY - DAWN CORAPI APPOINTED 2 YEAR REGULAR TERM: 4/95 TERM EXPIRES: 4/97 RF_.APPO~ TO REGULAR TERM: 5/97 TERM EXPIRES: 4~99 APPOINTED REGULAR MEMBER: 4/98 TEKM TO EXPIRE: 4/2000 APPODU'ED RECULhR ME,M. BER: 3/11/98 TERM TO ExPntZx 4/99 APPOINTED RE~ MEM~3ER.. 9125/97 UNE,'X?IRED trl~M TO EXPIRE: 4,u99 APPOINTED REGULAR MEMBER UNEXPIRED TERM OF MARLENE ULISKY: 10/28/95 TERM TO EXPIRE: 4/2000 APPOINTED ALTERNATE MEMBER EXPIRED TERM OF ANNE PUTMAN: 12/2/98 TERM TO EXPIRE: 11/1/2000 A~D'At:TE~ATE MEMBER: 8/97 TERM TO-Z:O'IRE. I }/98 'F 93 I Telephon~ (5~1) 589-5330 O F~ (561) 589-5570 E-Mail: ci~eb~iu~et APPd~ 1, 1999 PRESS RELEASE TREE ADVISORY BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THREE REGULAR MEMBER POSITIONS AND ONE ALTERNATE MEMBER POSITION ON THE TREE ADVISORY BOARD. QUALH~iCATIONS: RESIDENT OF THE CITY OF SEBASTIAN THE TREE ADVISORY BOARD MEETS THE FIRST MONDAY OF EACH MONTH AT 5:30 P.M. iN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN.. 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 FRIDAY, APRIL 16, 1999. Cit~ of Sebas~an, Florida Subject: C.R. McLellan Work Orders 1-4 Approved for Submittal by: City Agenda No. ~}~2.0/~'~ Depar~ent Origin: City Manager Date Submitted: April 21, 1999 For Agenda of: April 28, 1999 Exhibits: EXPENDITURE REQUIRED: - Letter Dated 4~20~99 - C.tLMcLellan, Inc. AMOUNT BUDGETED: N/A SUMMARY APPROPRIATION REQUIRED: At the Regular City Council Meeting of April 14, 1999, C.R. McLellan work orders I-4 were held, pending a response from Mr. McLellan regarding his use of sub- contractors in conjunction with the City's Annual Culvert Installation Contract. Mr. McLellan's response is attached for your review. RECOMMENDED ACTiOI~ Approve or disapprove C.R. McLellan work orders 1-4 or determine other action. C.R. McLellan Incorporated P.O. Box 500231 Malabar, Florida, 32950 1-407-724-6710 Fax# 1407-728-4189 April 20, 1999 To: Mr. lohn Van Antwerp, City Manager City Of Sebastian 1225 Main St. Sebastian, Florida 32958 Re: Letter concerning sub-contractors of annual culvert contract. Dear Mr. Van Antwerp, In response to your letter (dated 4-15-99) and a telephone conversation that I had with Mr. Chuck Neunberger. The following answers are provided for your review; and should any more questions arise please contact my office or myself. This entire situation could have been resolved had my office been notified. With that said let's get to the questions at hand, we have only one sub-contractor on the annual culvert contract. "Sod" is not a written contract, but is verbal and is strictly on a "will-call" basis. We have yet to sign, nor any intentiOn to sign, any or all of the A.C.C. (Annual Culvert Contract) to anyone or any other company. Jim Romig Excavating . Mr. Romig is a partner/friend who had come to Sebastian after a lengthy divorce to find work and buy a home. I explained to him that if he would furnish machinery and a dump track, I would supply everything else. He would also be allowed to work on the A.C.C. as long as he had certificates for Workman's Compensation Insurance and General Public Liability Insurance. Copies of which have been included with this letter. Mr. Romig has an extensive and excellent background in storm water dra],mage systems. His position is "working forc:'man' of all the jobs, what I mean by' working foreman" is that he does all layout and installation himself, all additional help are laborers. I supply all materials, labor, fuel and oil, etc. for these projects, and we split the profit_ I spoke by telephone with Mr. Chuck Newnberg,,e,r on the fifteenth, and after explaining the situatio,n his exact words were, My company is the same way, my son is my partner.' There is no other contract between anyone nor any other company than the Ci~ of Sebastian and C.R. McLellan Incorporated. C.R. McLellan Incorporated has been in business 20 years in Brevard County. We have been able to maintain an honest relationship with absolutely no claims; we have performed all site work for six (6) Brevard County schools working hand in hand with the Brevard County School Board. We are one of the only site-contractors to ever bond to the Brevard County School Board as a general contractor performing site work We have completed jobs in St. Lucie County, Indian River County and Brevard County; and still maintain licenses in the three aforementioned counties. The falsities and accusations that have been directed toward C.R. McLellan Incorporated need to be stopped immediately. In closing I have one question, ff my company (C.R. McLellan Incorporated) is the A.C.C. contractor that won the bid in 1997, why are the culvert jobs being bid out on a separate basis? We welcome your inquiries and trust that our response will clear up any misunderstanding that you may have. Once again please feel free to contact us with your inquiries, we will be glad to oblige. We have enjoyed working with the city on this contract, and are looking forward to continuing the work in Sebastian. '~6fini~ McLellan 1/1 /ns. Agency of ~ller & Miller P.O.Box 424 Dover, OH 44622-0424 James Rom~g dba Jim Romig Excavating 8084 Dawn Road She~rodsville OH 44675 THIS CERTIFICArE I~ I,~UED AS A MAi i~ OF INFORMAllON ONLY AND CONFI~ NO PJGwr$ UPON THE HOLDER. THi~ OERT~ICATE DOE~ Nor AMEND, EXTEND OR ALTER THE C_.O~"RA~i AFFOROEO BY THE PQLJCIES BELOW. COMPANIES AJ=T-0. ,~_DgIO.. COVERAGE Wes%~iel~ Insurance Co. J, d'~'Pd~ & ~I~ ............................... """'"' ........................ ........ , ........... ."" · , . ,.. ",,,, ,,,,,,, ,.,. "'--,, -,,',', "'" ,' ' ' ~""' "'"""' '".';',T,~!. ' ."'.".%".;~'..",.',.'T.-*.,..,,,'..;~.,.,.~,.., ,,,,,,, ...... ~ ..... i ~Til !......... ,I ' .......... iI I''1~,& II IliiIliIiJi"ll ~ 'liI'll ~III I1' II Ii IIIIiIiI1~ ~11 ,1,Ii ~HI~ IS TO ~ THAT THE POLICIES OF INSURANCE US'IT=D BP. LOW H~¥E ~EN I~ED TO 'i~E IN~URED NAMI~ AJ:IOVE i-OR THE POUCY PEF~OO co ' ~ ~ ~ FOLJGY I - DA1Z ~ OAT[ (lImOfYY) A 10/25/96 I s~qeo .... I ._: 10 . OAYi WI~TT~N HmX:~ TO ~l O~Td:',eAI~ ~ t ~ Tit L~FT, ~ I'X~IRE TO U~. ~H ~ ~ ~ NC) OOLk~ll~i OR ~ Oie ANT ~ UI~I~I ~ c-'~w,,~r¢, i1~ ~l~rl~ OR Ri~PR~III4TA~ ............... 1. TATE OF. OHIO CERTIFi~ATE OF ~REMIUM PAYMENT This ce~ifies that the smploYar hsted below hss ~s~d Into the State Insurance Fune required by law, Theref?e, the employer, is emptied to the rights and benefits of me fundfor the peried sp~cffmd, - - THIS CERTIFICATE MUsT B~ CONS. PICUOUSLY POSTED. RISK NO, ANO EMPLOYER ' ' ' ,'- PERIOD SPeCiFIED THIS C~RCA~ ~Y BE REPRODUCED AG NEEDED - City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589*5330 o FAX (407) 589-5570 April 15, 1999 VIA: Certified Mail Mr. C.R. McLellan 4055 McLellan Valkaria, FL 32905 Re: Annual Culvert Contract Dear Mr. McLellan: Please provide the City of Sebastian with a list of sub contractors that you use in conjunction with the City's Annual Culvert Installation Contract. We would like to know if you have assigned any or all oft. he City's Annual Culvert Installation Contract to anyone else. Inasmuch as, a track marked "Jim Romig Excavating" has been observed on your job sites, please advise the City as to your relationship with this person or company. Please reply in writing by close of business, April 20, 1999. Sincerely, Interim City Manager JV/jmt CC: Honorable Mayor & Members of City Council Martha Campbell, City Engineer I I Department O~igin: Engine/eying/Public I Te~y D. Hill, Public Works I Approved for Submittal by: Date Submitted: 4/07/99 John Van Antwerp, Interim City' Manager I ~ ///~ ~,~, For Agenda of: 4/14/99 Exhibits: Work orders gl,//2,//3, g4, and Work Order gl for Side Culverts I EXPENDITURE . AMouNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: SWMS-001 $73,360.12 None SWMS-001 - $57,970.30 DR-01-96 $53,330.44 I DR-01-96 - $ 22,103.55 SUMJVIARY I This transmittal is to request Council s approval for culvert replacements under the Annual Culvert Replacement Contract with C.R. McLellan. The request includes the installation or I replacement of four culverts which are numbered Work Order 1 through 4. Also, we are asking for approval under the DR~01-96 Side Yard installations for Work Order #1. All of the Pipes to be awarded are replacements of existing pipes that are failing with the exception of the side yard i installation. The following is a list of the locations and costs: I Work #1 Barker Street Order $ 7,662.80 Work Order #2 Autumn Terr $18,467.70 Work Order #3 ' . Rosebush @ Laconia $19,715.40 I Work Order//4 Park Ave & Wimbrow Dr $ 7,961.65 I Side Yard Installation Work Order #1 Wentworth St. $ 22,553.55 I RECOMMENDED ACTION Move to authorize Work Order Numbers 1 through 4 in the amount of $53,807.55 and Work I Order #1 in the amount of $22,553.55 to C.R. McLellan. , l l I i I I I ~ m l I I I l I I ~o=o~b~ EEp~~nnn~n~~nnannn~nnn~nnnnn~'nnnnn~ ~ !888888~ iii" A CITY OF SEBASTIAN WORK ORDER FORM CULVERT REPLACEMENT PROGRAM - WORK ORDER #1 PROJECT: CONTRACTOR: LOCATION: ANNUAL CULVERT CONTRACT DATED 6/12/98 C.R. McLellan, Inc. Barker Street Block 45 Pursuant to the above referenced contract the undersigned Contractor agrees, to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto, necessary to perform the following work ordered by City. BASE BID ITEM NO. DESCRIPTION QTY'. UNIT UNIT BID 30 Mobilization LS, LS. $750.00 29 Comply with part VI, Chapter 553.6,F.S."Trench Safety Act" All Trenches>5' Deep . 0 LS. Trench dewatedng 1 L$. Furnish & Install Floritam Sod 84 SY. Road Restoration 16 SY. 10 13 12 WORK ORDER iTEM NO. WO-1.1 WO-1.2 WO-1.8 0 WO-1.9 1 WO-1.10 0 WO-1.11 WO-1.12 DESCRIPTION Maintenance of Traffic Remove Existing Headwall, Inlets culvert(s) Furnish & install FDOT Mitered End Section WO-1.3 Index No. 272 2 WO-1.4 Furnish & Install concrete Headwall 0 WO-1.5 Furnish, Haul, Place & Compact Common Fill 18 WO-1.6 Fill, Regrade & Grass Swale Area _ 50 WO-1.7 Replace Concrete Driveway Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area Final site Restoration Locating,relocating,removing,shoring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debdes sorting Install Twin 40'-12"X17" RCP Total Work Order #1 Barker St. Less Retainage of 10% Net Total Due $2,000.00 $2.25 $14.00 UNiT UNIT BID LS. LS. $450.00 LS. LS. $1,200,00 ITEM TOTAL $750.00 1 L.S. 80 LF. N/A $2,000,.00 $189.00 $224.00 ITEM TOTAL. $450.00 $1,2OO.OO EA $350.00 $700.00 EA $0.00 $0.00 CY. $4.85 $87.30 LF. $3.85 $192.50 EA 0 LF. $3.00 $0.00 LS. $1,000.00 $1,000.00 LS. $150.00 $9.00 $150.00 $720.00 $7,662.80 ($766.28) $6,896.52 CITY OF SEBASTIAN WORK ORDER FORM SWALE REGRADING CONTRACT Upon execution of this Work Order consider this Notice to Proceed. You have 14 consecutive calendar days to complete the work starting upon execution of this contract. AGREED: Authorized Signature Contractor Authorized Signature City Project Manager Date Date Printed Name Printed Name Approved by City of Sebastian: Other City Engineer Dept. Head Purchasing Official I I i I i I i I I i I I I i I I I I I CITY OF SEBASTIAN WORK ORDER FORM CULVERT REPLACEMENT PROGRAM - WORK ORDER #2 PROJECT: CONTRACTOR: LOCATION: ANNUAL CULVERT CONTRACT DATED 6/12/98 C.R. McLellan, Inc. Autumn Terr BIk 224 & 206 Pursuant to the above referenced contract the undersigned Contractor agrees, to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto, necessary to perform the following work ordered by City. BASE BID ITEM NO. DESCRIPTION QTY. UNIT UNIT BID 30 -Mobilization LS. LS. $750.00 29 Comply with part VI, Chapter 553.6,F.S."Trench Safety Act" All Trenches>5' Deep Trench dewatedng Furnish & Install Floritam Sod Road Restoration 10 13 12 WORK ORDER ITEM NO. W0-2.1 W0-2.2 WO-2.3 w0-2.4 W0-2,5 W0-2.6 WO~2.7 WO-2.8 WO-2.9 WO-2.10 WO-2.11 WO-2.12 WO-2.12 DESCRIPTION Maintenance of Traffic Remove Existing Headwall, Inlets culvert(s) Furnish & install FDOT Mitered End Section Index No. 272 Furnish & Install concrete Basin Furnish, Haul, Place & Compact Common Fill Fill, Regrade & Grass Swale Area Replace Concrete Driveway Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area Final site Restoration 'Locating,relocating,removing,shoring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical widng and gas lines. The above conditions are subject to change order per job. Furnish & Install Twin 72'-15" RCP Furnish & Install Twin 40'-12" RCP Remove Culved(,s) and Debries Sorting Total Work Order #2 Autumn Terr. -LeSs Retainage of 10% Net Total Due 0 LS. 1 LS. $2,000.00 100 SY. $2.25 45 SY. $14.00 QTY, UNIT UNIT BID LS. LS. $900.00 LS. LS. $2,000.00 4 EA $350.00 2 EA $2,000.0O 36 CY. $4.85 5O LF. $3.85 500 LF. $3.00 I LS. $1,000.00 0 LS. 144 L.S. $17.50 8O LF. $12.82 1 LS. $150.00 ITEM TOTAL $750.00 $2,000;06 $225.06 $630,00 ITEM TOTAL $9oo.oo $2,000.00 $1,400.00 $4,000.00 $174.60 $192.50 0 $1,500.00 Si ,o6o,oo $2,520.00 $1,025.60 $150.00 $18,467.70 ($1,846.77) $16,620.93 CITY OF SEBASTIAN WORK ORDER FORM SWALE REGRADING CONTRACT Upon execution of this Work Order consider this Notice to Proceed. You have 14 consecutive calendar days to complete the work starting upon execution of this contract. AGREED: Authorized Signature Contractor Authorized Signature City Project Manager Date Date Printed Name Printed Name Approved by City of Sebastian: Other City Engineer Dept. Head Purchasing Official CITY OF SEBASTIAN WORK ORDER FORM CULVERT REPLACEMENT PROGRAM - WORK ORDER #3 PROJECT: CONTRACTOR: LOCATION: ANNUAL CULVERT CONTRACT Dated 6/12/98 C.R. McLellan, Inc. Rosebush and Laconia Pursuant to the above referenced contract the undersigned Contractor agrees to fumish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto, necessa~ to perform the following work ordered by City. BASE BID ITEM NO. QTY. UNIT UNIT BID 30 LS. LS. $750.00 29 10 13 4 la 12 WORK ORDER ITEM NO. WO-3.1 WO-3.2 WO-3.3 WO-3.4 WO-3.5 WO-3.6 WO-3.7 WO-3.8 WO-3.9 WO-3.10 WO-3-11 DESCRIPTION Mobilization Comply with part VI, Chapter 553.6,F.S."Trench Safety Act" All Trenches>5' Deep Trench dewatering Fumish& Install Floritam Sod Furnish & Install 72'- 42"RCP Furnish & Install 80'- 18"CAP Road Restoration DESCRIPTION Maintenance of Traffic Remove Existing Headwall, Inlets culvert(s) Furnish & install FDOT Mitered End Section Index No. 272 Furnish & Install Concrete Basin Furnish, Haul, Place & Compact Common Fill Fill, Re_grade & Grass Swale Area Clean,Clear, and Regrade Existing neighborhood ..(backyard) ditch area Remove E~isting Gardrails Final site Restoration Locating,relocating,removing,shoring,cradling or additional time spent working around the following unkn°wns: water-sewer lines,telephones wiring,TV cables,electrical widng and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debries Sorting Total Work Order #3 Rosebush Less Retainage of 10% Net Total Due I LS. $2,000 I LS. $2,000.00 250 SY. $2.25 72 LF. $63.00 80 LF. $19.00 45 SY. $14.00 QTY. UNIT UNIT BID LS. LS. $450.00 LS. LS. $1,200.00 6 EA $350.00 0 FA_ $2,000.00 254 CY. $4.85 100 LF. $3.85 400 LF. $3.00 0 EA $300.00 1 L8. $1,000.00 0 LS. 1 LS. $150.00 ITEM TOTAL $750.00 $2,000,00 $2,OOO.OO $562.50 $4,536.00' $1,520.00 $630.00 ITEM TOTAL $450.00 $1,2OO.OO $2,100.00 $0.00 $1,231.90 $385.00 $1,200.00 $0.00 $1,000.00 $150.00 $19,715.40 ($1,971.54) $17,743.86 CITY OF SEBASTIAN WORK ORDER FORM SWALE REGRADING CONTRACT Upon execution of this Work Order consider this Notice to Proceed. You have 14 consecutive calendar days to complete the work starting upon execution of this contract. AGREED: Authorized Signature Contractor Authorized Signature City Project Manager Date Date Printed Name Printed Name' ApprOved by City of Sebastian: Other City Engineer Dept. Head Purchasing Official CITY OF SEBASTIAN WORK ORDER FORM CULVERT REPLACEMENT PROGRAM - WORK ORDER #4 PROJECT: CONTRACTOR: LOCATION: ANNUAL CULVERT CONTRACT Dated 6/12/98 C.R. McLellan, Inc. Site #'1 Park Ave and Site #2 Wimbrow Dr. Pursuant to the above referenced contract the undersigned Contractor agrees to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto, necessary to perform the following work ordered by City. BASE BID ITEM NO. DESCRIPTION QTY. UNIT UNIT BID 30 Mobilization LS. LS. $750.00 29 Comply with part VI, Chapter 553.6,F.S."Trench Safety Act" All Trenches>5' Deep Trench dewatefing Furnish & Install 30"CAP Furnish & Install RCP 18" Furnish & Install Floritam Sod Road Restoration 10 3 7 13 12 WORK ORDER ITEM NO. WO-4.1 WO-4.2 WO-4.3 WO-4.4 WO-4.5 WO-4.6 WO-4.7 WO-4.8 WO-4.9 WO-4.10 WO-4.11 DESCRIPTION Maintenance of Traffic Remove Existing Headwall, Inlets culvert(s) Furnish & install FDOT Mitered End Section Index No. 272 Furnish & Install Headwall Furnish, Haul, Place & Compact Common Fill Fill, Regrade & Grass Swale Area Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area Final site Restoration Locating,relocating,removing,shoring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Fence Remove & Install Remove Culvert(s) and Debdes Sorting Total Work Order #4 Park Ave & Wimbrow Dr. Less Retainage of 10% Net Total Due ITEM TOTAL' $750.00 LS. N/A 1 LS. $2,000.00 $2,000..00 16 LF. $37.00 $592.00 30 LF. $21.00 $630.00 77 SY. $2.25 $173.25 0 SY. $14.00 $0.00 QTY. UNIT UNIT BiD LS. LS. $450.00 LS, LS. $1,000,00 0 EA $350.00 3 EA $300.00 24 CYi $4.85 0 LF. $3.85 0 LF. $3.00 1 LS. $1,000.00 0 LS. 1 LS. $200.00 1 LS.' $150.00 ITEM TOTAL $450.00 $1,000.00 $0.00 $900.00 $116.40 $o.oo $0.00 $1,000.00 $200.00 $150.00 $7,961.65 ($796.16) $7,165.49 CITY OF SEBASTIAN WORK ORDER FORM SWALE REGRADING CONTRACT Upon execution of this Work Order consider this Notice to Proceed. You have 14 consecutive calendar days to complete the work starting upon execution of this contract. AGREED: Authorized Signature Contractor Authorized Signature City . Project Manager Date Date Printed Name Printed Name ApproVed by City of Sebastian: Other City Engineer Dept. Head Purchasing Official ! ! CITY OF SEBASTIAN WORK ORDER FORM i SIDE YARD CULVERT PROGRAM - WORK ORDER #1 I PROJECT: ANNUAL CULVERT CONTRACT Dated 6112/98 CONTRACTOR: C.R. McLellan, Inc. ILOCATION: Wentworth Lot 33 & 34 Block 42 Pursuant to the above referenced contract the undersigned Contractor agrees to furnish all materials and labor in accordance with the contract specifications and all regulations, i laws, permits, and govemmental requirements and standards pertaining thereto, necessary to perform the following work ordered by City. i BASE BID ITEM NO. DESCRIPTION QTY, 'UNIT UNIT BID ITEM TOTAL 30 Mobilization LS.- LS.' $750.00 $750.00 I.. 29 Comply with Part Vi, chapter 553.6,F.S."-I-rench Safety Act" All Trenches>5' Deep 1 LS. $2,000.00 $2,000.00 10 Trench dewaterin(j 1 LS. $2,000.00 $2,000.00 I 13 Furnish & Install Floritam S°d 234 SY. $2.25 $526150 12 Road Restoration 0- SY. $14.00 $0.00 i WORK ORDER ITEM NO. DESCRIPTION QTY. UNIT UNIT BID ITEM TOTAL WO-.1 Maintenance of Traffic LS. LSd- $250.00 $250.00 WO-.2 Remove Existing Headwall, Inlets Culvert(s) LS. LS. $0.00 '. $0.00 I WO-.4 Furnish & Install Headwall 0 EA $350.00 $0.00 Furnish & install FDOT Mitered End Section WO-.5 Index No. 272 1 EA $350.00 $350.00 I WO-.6 Furnish & Install Concrete Basin 1 EA $3,000.00 ' $3,000.00 WO-.7 Furnish, Haul, PlaCe & compact common Fill - 421 CY. $4.85 - $2,041.85 WO-.8 Fill, Regrade & GraSs Swale Area ' 0 LF. $3.85 $0.00 i WO-.9 Furnish & InstalITwin 140'-36" HDPE 280 LF.- $35.84 $10,035.20 Clean,Clear, and Regrade Existing neighborhood I WO-.10 (backyard) ditch area 50 LF. $3.00 $150.00 WO-.11 Final site ReStoration 1 LS.-$1,000.00 $1,000.00 WO-.12 Locating,reloCating,remOving,shOring,cradling or 0 additional time spent working around the following unknowns: water-sewer lines,telephones I wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. i 'WO-13 Remove Culvert(s) and Debries Sorting 1 LS. $ 150.00 $ 150.00 WO-14 Guard Rails 1 LS.' $ 300.00 $ 300.00 Total Work order #1 Wentworth St - $ 22,553.55 I Less Retainage of 10% ($2,255.35) Net Toal Due $20,298.20 I i i CITY OF SEBASTIAN WORK ORDER FORM SWALE REGRADING CONTRACT I ! Upon execution of this Work Order consider tiffs Notice to Proceed. You have 14 consecutive calendar days to complete the work starting upon I execution of this contract. I AGREED: .... i 1 Authorized Signature Contractor Authorized signatUre City I Project Manager 1 Date Date i i Printed Name " Printed Name i ! ApprOved by City of Sebastian: I Other City Engineer I Dept. Head Purchasing Official I City of Sebastian AGENDA SUBMITTAL Agenda No. Subject: Ordinance 0-99-03; apl~.mments ~o ~harter~,w~emmi~ee Approved for S~ttal by: ~ Manager E~bits: Ordinance 0-99-03; ~icle IV, Chap. 102, Code Department Origin: City Attorney Date Submitted: 4/22/99 For Agenda of: 4/28/99 Expenditure Required: n/a Amount Budgeted: n/a Appropriation Required: n/a SUI~IARY STATEMENT This ordinance revises the Water Restriction Plan to include year-round restrictions on mid-day watering, shitts hours of irrigation during water emergencies further away from daytime hours, provides for enforcement through city code enforcement officers as well as police, clarifies enforcement provisions and deletes outdated provisions. RECOMMENDED ACTION Approve Ordinance 0-99-03 on first reading with/without modifications, set May 1999 for the date of public hearing, and authorize advertisement thereof. ORDENANCE NO. 0-99-03 AN ORDINANCE OF THE CITY OF SEBASTiAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102, Article IV, of the Code of Ordinances for the City of Sebastian constitutes the "City of Sebastian Water Restriction Plan"; and WHEREAS, said Plan applies only during times of declared water shortage emergencies, while year-round water conservation is in the best means of protecting the viability of the Florida Aquifer; and WHEREAS, the vast majority of the residents of Sebastian obtain their household water from well systems that are endangered by drought and water shortages, making water I. · conservation a vital interest to the citizens of the City; and WltEREAS, the City Council finds that the interests of the citizens will be best served by amending the Water Restriction Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 102-77 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-77. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Water means water taken from: (1) The c-it-y 3.ny public water system; (2) Any groundwater system, including shallow and deep water wells drawing water from the Florida aquifer; or (3) Any surface water system,; or (4) Any other public water supply. This includes, but is not limited to, any system that uses any groundwater or interconnected surface waters for a watersource, irrespective of whether the system is publicly or privately owned. Water shortage emergency means a declaration by the city council that a water shortage exists. Section 2. That section 102-78 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-78. Applicability. The provisions of this article shall apply to all individuals, legal entities and their agent~ who use water, as defined in this article, within the city. 2 Section 3. That section 102-79 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-79. Enforcement. (a) Every city police officer or other enforcement personnel of ~hc eity who have arrest powers pursuant to state law~, shall be authorized and empowered to enforce the provisions of this article through a noncriminal citation, with jurisdiction vesting in the courlIy court upon failure of the violator to pay the same. However, where the pffense is designated ia misdemean~!r, the officer shall issue a Notice to Appear before the county court. (b) ~n addition to the penalties for violations provided in this article, the city manager may enfo~:ce the provisions of this article .by ordering discontinuanee of service to any-person violating the p~:ovisions of this article for the third-mad each suceessive violation during any declared water shortage. If any person's water supply is discominued under the provisions of this article, such person v/ill be required to pay all charges necessary-for reconnection before the cig will reconnee{ such pe~-$on's water supply. Additionally, the city code enforcement officers are authorized to enforce the provisions of this agicle under the citation method of Code .Section 2-194. If personal coataqt is made with the violator, the officer shall require immediate cqmpliance, but if contgct cannot he made the officer shall promi, nen0y px>~t notice of the violati~!n and require .comgliance within 24 hours, Notwithstanding the above time lirr0Is, or the requirements of Section 2-194, if the individual has previously been notifiecl of a violation this article, the r>ffic~r shall, immediately issue a citation, 3 Section 4. That section 102-80 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-80. Exceptions to article to maintain sanitation. The city manager shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards as set forth in the county health code or when needed to perform maintenance and re. pair on an irrigation ~y~tem. These permits may l)e issued with conditions, shall be issued fi-ee of charge and only be issued upon the showing of good cause for the uses requested. Additionally, a permil[ ma,v be issued when necessary for the economic viability of a !~u~iness vertture, subject to the terms and cQnditions forth above, for a fee of $20 fgr ~t permit of_limited durgtion or on an annual basis for a fee_of $50 when supported by the aforesaid cou.nty health and sanitation standards. Section 5. That section 102-81 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-81. Penalties for violation of article. (a) Violators of any-of thc provisions of this articlc, upon c~onviction, shall be subject to the following penalties: (1) First offense, fi}~e not to exceed $-25.00; (2) Second offense, fine not to exceed $50.00~ (3) Any individual who-has been convicted of a violation of~his article three or-more times during the same water shortage emergency, upon conviction of:each offense after the second conviction during the same -water shortage or water shortage emergency shall be deemed-to-~ guilty of-a second degree misdemeanor and punished according to state law for such offenses. (b)- Each day of continued violation shall be considered as a separate offense. 4 Year-round restrictions. Outdoor irrigation by any manner' is prghibited during the months of May tlu'ou~h September betweeN[he hours ~f9 a.m.a.n.d 5 p.m.. aq.d.from thc hours of 10 mm, lt~ld 4 p.m. during th~ mQnth$ of Octol~. r.through ApO~ Loc_ations in the city with odd-numbered addresse~ are only allowed to_irrigate on Monday. Wednesday and Saturday. Locations wi~h even-n_umbered add_resses or no listed address are only allowed to irrigate on Tuesday. Thursday and Sunday. However... new plantirlg~ ar.~ not sul~iect to the three-da,v rotation for an initial thirty-day period afar i!nstaIlation, Sectio_n 6. That section 102-82 of the Code of Ordinances, City of. Sebastian, Florida is hereby amended to read as follows: "' Sec. 102-82. Implementation of emergt~agy restrjcgions. The curtailments and restrictions of water uses provided for in t-his a~hc4e sections 102-83 through 102-94. below, shall be implemented upon a declaration at any time of the a water shortage emergency by the city council and shall remain in effect until such time as the city council shall declare such emergency to be at an end. Section 7. That section 102-83 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-83. Landscape irrigation restrictions, domestic residentiall and commercial -- existing installations. (a) For existing installations of landscaping on residemial and commercial parcels less than five acres in size-with alt llutomatic irrigation timiqg dey.~, water use for irrigation is restricted to the hours of4+OO _.I;Q0 at,m~ ~ to 8:00 5:00 ._a-,re. I0n.m, three days per week. (b) For existing installations' of landscapirlg on residential ~tnd commerc2gl parcels five acreS. Or greater in size lv~th an autqmatie irriga0.gJ~, timing devic-~, water use for irrigation is restricted to the hours of 12:01 mm. ge00 6;00 p~m. tov.v,,°'nn ~'~'~ 2.'00 a.m., three days per week. (c) For all existing iastal~Oons ot~ iandsc~ir~ ~l~ residcnti~! apd .eommercistl parcel~ without automatic irrigation timing device~, irrigation is also permitted during restrici~cd_to~the hours · of 4:00 ~ p.m, to 8:01~ ~ p,m., three days per week. (d) Installations Parcels with odd:numbered addresses are permitted to irrigate on Monday, Wednesday and Saturday. Installations Parcels with even:numbered addresses or no addresses are permitted to irrigate on Tuesday, Thursday and Sunday. Section 8. That section 102-84 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-84. Same -- New installations. (a) Low volume irrigation of plants-and crops with one hose, fitted-with an automatic shutoff nozzlc, is-permitted but conservation should bc practiced. (b) For installations including home flc~wer gar-dens whi¢-h 'have been in place less than 30 days and are less than five acres iv,-size, irrigation using automatic timing devices is restricted to the hours of 2:00 a.rre, to 8:00 a.m., Monday through Friday. (c) For areas-five acres or greater in size, irrigation is restricted to the hours of t2:01 a.m. to 8:00-a.m., Monday through Friday. (d) For new installations ineluding home flowcr ga~:dens without automatic ir+-igat:ion timing devices, irrigation is also permitted during the ho~rs of 4:00 p.m. to 8:00 p.m., Monday-through Friday. There are no resections for those watering by hand using low volume methods. .L. andsc~ing installatiqns on residential or commercial parcels that have been in place fgr thirty days or less shall have the following restrictions on watering: (a) Low vglu.me irrigation systems or hand- watering is allowed. in addition to the methods set forth below, at any time except between the ho~rs of 9 a.m. and 5 p.m.. during the months of ~[~ tlt~ough SeO_t_cmbcr. and fro~ thc hours of 10 a.m. and 4 ,o.m. durirtg the months of October throttgh (b) Qt..her irri~tion ~tems witho!st-an autom0tic timi.ng ~e'Ace are restricted to watering bet~veen the hours_of 5:00 p.m. and 9100 . ~c~ ~AII instal]~l:ionsserved Dy_an irrigation system wi~k~n au~omatiq timine devoe ,are rcstriqted to watel'ipg betwecn the .hours of 5:09 ~m. and 9:0(~ (e) Additionally. Gcleaning and adjusting of new irrigation systems is restricted to ten minutes per zone on a one-time basis. Section 9. That sections 102-86 through 102-89 of the Code of Ordinances, City of Sebastian, Florida are hereby deleted and said section numbers are reserved for future use. Section 10. That section 102-90 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-90. Nursery and a~j¢~lll;ural use restrictions. Inside overhead irrigation .f. Qr nursery and agricultural uses are restricted to 8:00 a.m. to 8:00 p.m., seven days per week. Outside uae irrigation, is restricted to 7:00 p.m. to 74}0 5:00 a.m., seven days a week. Section 11. That section 102-91 of the Code of Ordinances, City of Sebastian, Florida. is hereby amended to read as follows: Sec. 102-91. With/n three, days 9f the declarafi_on of a water shortag~ emergenc2~,, custottian~ of publicly-owned hinds facilities must ~ubmit a watering use plan to the city manager that. while considering the manpower restraints of the entity, balances the same ag~tinst the policies of water conservation such as evaporation avgidance and spreading out the times and days of irrigation. (a~- Irrigation-of greer, s and tecs must be accomplished during aondaylight hours. (b) Irrigation of fairways, roughs and nonptaying areas on the first me holes of the course is restricted to the hours of 12:01 a.m. to 8:00 a.m. on Monday, Wednesday, and Saturday. (c) Imgation of fairways, roughs and nonplayitag areas on thc last nine holes of the course is restricted to the hours of 12:0t a.m. to 8:00 a.m. on Tuesday, Thursday and Sunday. Golf course u-Use restrictions for public taO~s-fpcilities. Section 12. That section 102-94 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-94. Miscellaneous use restrictions. (a) Boat washing and motor flushing is permitted for up to a maximum total of 30 minutes following operation in salt or brackish water. (b) Air conditioning (water source heat pumps) use shall be restricted to water necessary to maintain temperature no cooler than 78 degrees Fahrenheit. (c) Washing and cleaning streets, driveways, sidewalks, or other nonporous areas with water is prohibited. (d) No~eo~al vehicle washing is restricted to the hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00 p.m., three days per week, using the even/odd house address method. (e) Outside pressure cleaning is restricted to only low volume methods, scven days per week prohibited except by licensed profe~;sionals holding a valid water u~e permit. (f) Outside aesthetic use of water is prohibited. Section 13. That the existing section 102-95 Provisions supplemental, Sf the Code of Ordinances, City of Sebastian, Florida is renumbered as section 102-96, and in its place section 102-95 shall read as follows: Sec. 102-95. Penalties. (a) Violators of section 1 Q2-81 shall be subject to the following penalties: (1) l~irst offens~ citation araQunt of $25_00, maximum fir~e upon conviction in coun~ court of $75.00~ (2) Second offen~: citation ~tmount of $50.00. macmem fine Ul2Or~ conviction ir~ ~ounLv cou~ of $150.00~ and (3) Third an.~[ subsequent Offenses; citation amount of $100.00, maximum fine ul~on conviction qf$250.00. (b) ViolatOrs of sectiof~ 102-83,. 1.02-84. and [02-90 through ~0~-94 sl~a/l be o_ubject to the following l~¢~alties: (1) First offens~citation amount oX$50,00, maximum fine upon conviction in coun~ court of $100.00.' (2) Second offense: cit0tign amount 0f$250.00. maximum ,_ fine upon conviction in coun~ court 9f $150.00; and (3) Third and subseque..ot offenses shall constitute a second degree misdemeanor punishable in accordance wi~h state law. Citations slla.!! be paid tq [h..e office of th~ ~ity Clerk at ~i~ Hall. Section 14. TEMPORARY NOTIFICATION PROVISION. Until December 1, 1999, the following enfbrcement notification guidelines shall be in effect for this article: (a) control of If personal contact cannot be made with anyone having ownership or a residence found to be in violation for the first time, the enforcement personnel shall leave a notice of violation posted on the front door thereof: (b) If the notice remains posted undisturbed at said location 24 hours later, a second notice of violation shall be sent by certified mail with return receipt to said add~:ess; and (c) If said violation continues more than 24 hours after delivery of the second notice, the violator shall be cited. The intent of this uncodified provision is to ensure the fair enforcement of the Water Restriction Plan against the seasonal residents of the city. Accordingly, notwithstanding the provisions above, if enforcement personnel has proof that the residence is actively occupied at the time the first notice is given, the requirement of a mailed second notice is waived. Section 15. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 16. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be l0 assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 17. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance 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 Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this __ day of May, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney I I I I ORDINANCE NO. O-99-03 I AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING I FOR CONFLICTS; PROVIDING FOR SEVERAB[LITY; PROVIDING FOR AN EFFECTIVE DATE. I i WHEREAS, Chapter 102, Article IV, of the Code of,, Ordinances for the City. of Sebastian constitutes the "City of Sebastian Water Restriction Plan; and I WHEREAS, said Plan applies only during times of declared water shortage emergencies, I while year-round water conservation is in the best means of protecting the viability of the Florida Aquifer; and I WHEREAS, the vast majority of the residegts._o.f-Sebastiarr-obtai~v01~r household water I from well systems that are endangered by drought and water shortages, making water .I conservation a vital interest to the citizens of the City; and WHEREAS, the City Council finds that the interests of the citizens will be best served by I amending the Water Restriction Plan. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE I CITY OF SEBASTIAN, INDIAN RBrE lINTY, FLORIDA, as follows: ;o i Section 1. That section 102-77 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-77. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Water means water taken from: (1) :r-he c-by Any public water system; . (2) Any groundwater system, including shallow and deep water wells , drawing water from the Florida aquifer; or (3) Any surface water syste , ;or .,, Z ¢ ('~) Any other-public water supply./009~' h This includes, but is not limited to, any system t at uses any groundwater or interconnected surface waters for a watersource, irrespective of whether the system is publicly or privately owned. (~ Water.~ emergency means a declaration by the city council that a . ~ water short~.e exists. Section 2. That section 102-78 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows:' Sec. 102-78. Applicability. The provisions of this article shall apply to all individuals, legal entities and their agents who use water, as defined in this article, within the city. Section 3. That section 102~79 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-79. Enforcement. (a) Every city police officer or other enforcement personnel of the city who have arrest powers pursuant to state laws, shall be authorized and empowered to enforce the provisions of this article through a noncriminal citation, with jurisdiction vesting in the county court upon failure of the violator to pay the same. However, where the ~/.~ense is designated a misdemeanor, the Officer shall issue a N!~tice to Appear before the counB' court. (b) In addition to thc penalties for violations-provided in this artiele, the city managcr may enforce the provisions of this article by ordering discontinuance of-seefice to any person violating the pFovisions of this article for the third and eaeh successive violation during any declared-water shortage. If any person's water supply is discontinued under the provisions of this article, such-person will be required to pay all charges necessary for reconnection before the city will-reconnect such person's water supply. Additionally, the city code enforcement officers are authorized to enforce the provisions of this article under the citation method of Code Section 2-194. If personal contact is made with the violator, the officer ~a!ll require immediate compliance, but if contact cann_ol be mgde the 9.fflcer shall prominently post notice of the violation and require compliance within 24 hours. Notwithstanding the above time limits, or t_he requirements of Section 2-194. if the individual has previously..been n_~t_ified of a violation this article~ the officer shall immediately issue a citation~ Section 4. That section 102-80 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: /"[ Sec. 102-80. Exceptions to article to-maintain sanitation. The city manager shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards as set forth in the county health code or when needed to perform_maintenance and repair on an irrigation system. These permits may be issued with condition~, shall be issued free of charge and shall only be issued upon the showing of good cause for the uses requested. Additionally. a permit may be iss~gd when necessary for the ecortomic viability of a business venture, subject tO the terms and conditions set forth above, for a fee of $20 for a pcrmi~ of limited duration or on an ~rmual basis for a fqe of $50 when supported by the aforesaid county hea~th and sanitation standards. Section 5. That section 102-81 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-81. 'Penalties for violation of--article. (e) Violators of any of the l~ovisions of this a~-ticle, upon-conviction, shall be subject to the following penalties: (1} trirst offense, fine not-to-exceed $2~00; (2) Second offense, fine not to exceed $50.00; (3)- Any indMdual who has been-convicted of a violation of this article three or more times during the same water shortage emergency, upon conviction-of each offense at~er the second conviction during the same water shortage-or water shortage emergency shall~ be deemed to be guilty-of a second dc~ee misdemeanor and punished according to state law for such offenses. (b) Each day of continued violation shall be considered as a separate offense. i I I I I I I I I i I I I I I I I I I Year-round restrictions. Outdoor irrigation by any manner is prohibited during the months of May throq.gh September betWeen the hours of 9 a.m and 5 p.m.~ and from the hours of 10 a.m and 4 l~.m. during_the months of' October through April. Locations in the city with odd-numbered addresses_are only allowed to irrigate on Monday. Wednesday and Saturda.v. Locations with even-numbered addresses or no listed address are only allowed to irrigate on Tuesday, Thursday and SundayLHowever, new plantings are not subject tc~ the three-day rotation fgr an initial thirty-day period after installation. Section 6. That section 102-82 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-82. Implementation Cf~lqergellgg~slrigtiogs. The curtailments and restrictions of water uses provided for in this a~ic!e sections 102_-83 through 102-94, below, shall be implemented upon a declaration at any time of',he i1 water shortage emergency by the city council and shall remain in effect until such time as the city council shall declare such emergency to be at an end. Section 7. That section 102-83 of the Code of Ordinances, City of Sebastian, Florida is hereby amended tO read as follows: Sec. 102-83. Landscape irrigation restrictions, domestic _r~idential and commercial -~ existing installations. (a) For existing installations of landscaping on residential and commercial parcels less than five acres in size with an automatiq irrigation timing device, water use for irrigation is restricted to the hours of 4,OO 1:00 a.m. to 8:00 5.'00 a.m., three days per week. (b) For existing installations of landl~caping on residenl[ial and c~ommercial l~arcel~ five acres or greater in size with an automatic irrigation timing devicE, water use for irrigation is restricted to the hours of-l-2-:O1 a.m. 9:00 p.,mL to 8:00 5;00 a.m., three days per week. (c) For all existing installations of landscaping on residential and commercial parcel~ without automatic irrigation timing devices, irrigation is also permitted duringrr~.tricted to the hours of 4+00 5zOO p.m. to 8:00 9,:00 p.m., three days per week. Installations Porcels with odd:numbered addresses are (d) permitted to irrigate on Monday, Wednesday and Saturday. Installations Parcels with even:numbered addresses or no addresses are permitted to irrigate on Tuesday, Thursday and Sunday. · Section 8. That section 102-84 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-84. Same - New installations. (-a) [,ow volume irrigation of plants and crops with one hose, fitted with an automatic shutoff' nozzle, is permitted but conservation should be practiced:. (b) For installations including home flower gardens which- have been in place tess tha~} 30 days and are less'than five a~rcs in size, irrigation-using automatic timing devices is restricted to the hours of 2:00 a.m. to 8~00 a.m., Monday through Friday. (c) For areas five acres oF greater in size, irrigation is restrieted the hours of 12:01- a.m. to &O0 a.m., Monday-through Friday. to (d) For new i~taltations including-home flower gardens without automatic in-igatiov,-timing devices, irrigation is also permitted during the hours of '1:00 p.m. to 8:00-p.m., Monday theough-Friday. There are no restrictions for those watering by hand using low volume mcthods. Landscaping installations 9n residential or commercial parcels that have been in pla_ce for thirty days or less shall have the following restrictions on watering: (a) Low volume irrigation bv mean~ 9f a drip hose or hand- watering is allowed, in addition to the method~ set forth belowLat an/time except between the hgurs of 9 a,m. anc! 5 p.m.. during the months of Ma, y through September, and from the hqurs of 10 a.m. and 4 p.m. during the months of October through Aprill (b) Other irrigation systems Mthout an automatic timing device are restricted tO watering.between the hours of 5:00 p.m. and 9:00 p.m.: and (c) All installation~ served by an irri~ation system with an automatic timing device are restricted to watering between the hours of 5:00 p.m. and 9:00 p.m. (e) Additionally. G~leaning and adjusting of new irrigation systems is restricted to ten minutes per zone on a one-time basis. Section 9. That sections 102-86 through 102-89 of the Code of Ordinances, City of Sebastian, Florida are hereby deleted and said section numbers are reserved for future use. Section 10. That section 102-90 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-90. Nursery ~nd.!erjgllitural use restrictions. Inside overhead irrigation for nursery and agricultural uses are restricted to 8:00 a.m. to 8:00 p.m., seven days per week. Outside '..'se irrigation is restricted to 7:00 p.m. to 7:00 5~.00 a.m., seven days a week. Section 11. That section 102-91 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: ~ec. coarse wUse restrictions for l!ublig lands. 102-91. Coif Within three days of the declaration of a_ water shortage emergency, custodians of publicly-owned lands must submit a watering plan to the city manager that, while considering the manpower restraints of the entity, balances the sa, me against the policies of water conservation such as evaporation avoidance and spreading out the.tim~s and day~ of irrigation. (a) Irrigation of greens and--tees must-be accomplished during nondaylight hours. 0y) Irrigation-of fairways, roughs and-nonplaying areas on the first nine holes of thc course is-restricted to the hours of 12:01 a.m. to 8:00- a.m. en Monday, Wednesday;, andSaturday. (c) tnfigation of fairways, roughs and nonptaying areas on the last nine holes of the corn:se is restricted to the hours of 12:0t a.m. to 8:00 a.m. on Tuesday, Thursday and Sunday. Section 12. That section 102-94 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-94. Miscellaneous use restrictions. (a) Boat washing and motor flushing is permitted for up to a maximum total of 30 minutes following operation in salt or brackish water. (b) Air conditioning (water source J~ea'i'--i~hmps) use shall be restricted to ware{ necessary to,maintain te~mperature no cooler than 78 degrees Fahrenheit. (c) Washing and cleaning streets, driveways, sidewalks, or other nonporous areas with water is prohibited. (d) Noncommercial vehicle washing is restricted to the hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00 p.m., three days per week, using the even/odd house address method. (e) Outside pressure cleaning is r~tricted to ovtly tow volume methods, seven days per week prohibited_except bv licensed professionals holding, a valid water use permit. (f) Outside aesthetic use of water is prohibited. Section 13. That the existing section 102-95 Provisions supplemental, of the Code of Ordinances, City of Sebastian, Florida is renumbered as section 102-96, and in its place section 102-95 shall read as follows: Sec. 102-95. Penalties. Violators of sect[on 102-81 shall bt subject to the following penalties2 (1) First offense; citation amount o['$25.00, maximum fine upon conviction in county court of $75.00: (2) Second offense: citation amount of $50.00_maximum fir~e upon conviction in county court of $150.00: and (3) Third and subsequent offenses; citation amount of $l_00.00. maximum fine upQn conviction of $250.00. (b). Violators of sections 102-83. 102-84, and 102-90 through 102-94 shall be subject to the_following penalties: (1) First offense:_citation amount of $50.00, maximum fine upgn conviction in county court of $100.00: 0 (2~ Second offense: citation amount of_fl~3L maximum~ ~7L~{jL"O fine upon c~nviction in county court o~: and J (3) Third and subsequent 9ffenses shall constitute a second degree misdemeanor punishable in accordance with state law. i i Section 14. TEMPORARY NOTII~ICATION PROVISION. Until I December 1, 1999, the following enforcement notification guidelines shall be in effect for this article: I (a) If personal contact cannot be made with anyone having ownership or control of a residence found to be in violation for the first time, the enforcement I personnel shall leave a notice of violation posted on the front door thereofi (b) If the notice remains posted undisturbed at said location 24 hours later, a I second notice of violation shall be sent by certified mail with return receipt to said address; I and (c) If said violation continues more than 24 hours after delivery of the second I notice, the violator shall be cited. The intent of this uncodified provision is to ensure the fair enforcement of the I Water Restriction Plan against the seasonal residents of the city. Accordingly, notwithstanding the provisions above, if enforcement personnel has proof that the I residence is actively occupied at the time the first notice is given, the requirement of a mailed second notice is waived. I Section 15. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ' .' I Section 16. SEVERABIL1TY. In the event a court of competent .jurisdiction shall I hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of I Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be I assumed that the City Council would have enacted the remainder of this Ordinance without said I invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. I I ! Section 17. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance 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 Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this __ day of May, 1999. CITY OF SEBASTIAN, FLOKIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 11 I I I I i i i I I I I I I I I I I I i § 102-58 SEBAST/AN CODE (b) At the end of the franchise period, the city shall not be required to pay to the utility any amount for goodwill and the appraised value shall be based entirely upon physical assets 0nly. (c) If the board of appraisers cannot agree as to the price to be paid by the city, then the city may file appropriate condemnation proceedings under Florida law. Any franchise granted by the city shail include this r_equirement (Code 1980, § 27-25) Sec. 102-59. Penalty for violations of article. Violation of this article and/or operating a utility without first obta/ning a franch/se from the city in compliance with this article, shall constitute a violation of this Code, and upon conviction, shall be punishable as provided in section 1-10 of this Code. Each day that violation' occurs shall be considered a separate violation. (Code 1980, § 2%26) Seca. 102-60-102-75: Reserved. ARTICLE IV. WATER RESTRICTION PLAN Sec. 102-76. Short title. This article shall be known as the "CAty of Sebastian Water Restriction Plan." (Code 1980, § 30-1) Sec. 102.77. Definitions. The following words, terms and phrases, when used in this al~icle, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning. Water means water taken from: (1) The city water system; (2) Any groundwater system, including shallow and deep water wells drawing water from the Florida aquifer; (3) Any surface water system; or (4) Any other public water supply. This includes, but is not limited to, any system that uses any groundwater or interconnected surface waters for a watersource, irrespec:ive of whether the system is publicly or privately owned. CD102:10 UTILITIES .... § 102-81 Water shortage emergency means a declaration by the city council that a water shortage exists. (Code 1980, § 30-2) Sec. 102.78. Applicability. The provisions of this article shall apply to all individuals who use water, as del'reed in this article, within the cityl ' (Code 1980, § 30-3) Sec. 102.79. Enforcement. (a) Every city police officer or other enforcement personnel of the city who haVe arrest powers pursuant to the state laws, shall be authorized and empowered to enforce the provi- sions of tMs article. (b) In addition to the penalties for violations provided in this article, the city manager . may enforce the provisions of this article by ordering discontinuance of service to any person violating the provisions of this article for the third and each successive violation during any declared water shortage. If any person's water supply is discontinued under the provisions of this article, such person will be required to pay all charges necessary for reconnection before the city will reconnect such person's water supply. (Code 1980, § 30-4) Sec. 102.80. Exception to article to maintain sanitation. The city manager shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards as set forth' in the county health code. These permits shall be issued only upon the showing of good cause for the *uses requested when supported by the aforesaid county health and sanitation standards. (Code 1980, § 30-5) Sec. 102.81. Penalties for violation of article. (a) Violators of any of the provisions bfthis article, upon conviction, shall be subject to the following penalties: (1) First offense, fine not to exceed $25.00; (2) Second offense, fine not to exceed $50.00; (3) Any individual who has been convicted of a violation of this article three or more times during the same water shortage emergency, upon conviction of each of Tense after the second conviction during the same water shortage or water shortage emer- gency shall be deemed to be guilty of a second degree misdemeanor and punished according to state law for such offenses. Cb) Each day of continued violation shall be considered as a separate offense. (Code 1980, § 30-6) CD102:ll § 102-82 SEBASTIAN CODE Sec. 102.82. Implementation. The curtailments and restrictions of water uses provided for in this article shall be im- plemented upon a declaration at any time of the water shortage emergency by the city council and shall remain in effect until such time as the city council shall declare such emergency to be at an end. (Code 1980, § 30-19) Sec. 102-83. Landscape irrigation restrictions, domestic and commercial-Existing in- stallations. ' ' (a) For existing installations less than five acres in size, water use for irrigation is re- stricted to the hours of 4:00 ~.m. to 8:00 a.m., three days per week. (b) For existing installations five acres or greater in size, water use for irrigation is restricted to the hours of 12:01 a.m- to 8:00 am., three days per week. (c) For all existing installations without automatic irrigation timing devices, irrigation is also permitted during the hours of 4:00 p.m. to 8:00 p.m., three days per week (d) Installations with oddnumbered addresses are permitted to irrigate on Monday, Wednesday and Saturday. Installations with evennumbered addresses or no addresses are permitted to irrigate on Tuesday, Thursday and Sunday. (Code 1980, § 30-7) Sec. 102-84. Same-New installations. (a) Low volume irrigation of plants and crops with one hose, fitted with an automatic shutoff nozzle, is permitted but conservation should be practiced. (b) For installations including home flower gardens which have been in place less than 30 days and are less than five acres in size, irrigation using automatic timing devices is restricted to the hours of 2:00 mm. to 8:00 mm., Monday through Friday. (c) For areas five acres or greater/n size, irrigation is restricted to the hours of 12:01 a.m. to 8:00 a.m., Monday through Friday. (d) For new installations including home flower gardens without automatic irrigation timing devices, irrigation is also permitted during the hours of 4:00 p.m. to 8:00 p.m., Monday through Friday. There are no restrictions for those watering by hand using low volume methods. (e) Cleaning and adjusting of new irri~fion systems is restricted to ten minutes per zone on a one-time basis. (Code 1980, § 30-8) Sec. 102-85. Essential use restrictions. There shall be no restrictions on firefighting or medical uses. Hydrant flushing shall be only on an emergency basis. (Code 1980, § 30-9) CD102:12 UTILITIES § 102-91 Sec. 102.86. Household and domestic type use restrictions. Residential domestic use should be reduced to achieve a per capita consumption of 60 gallons per person, per day. (Code 1980, § 30-10) Sec. 102-87. Water utility use restrictions. Pressure shall be reduced by at lea~t 15 percent initial pressure at point of service (meter) where operationally feasible. Adequate line and fire flow pressure should be maintained. (Code 1980, § 30-11) Sec. 102.88. Commercial and industrial use restrictions. (a) Commercial car washes serving passenger vehicles and mobile equ/pment weighing less than 10,000 pounds are prohibited from using in excess of 75 gallons of water per wash. (b) Commercial car washes serving passenger vehicles and mobile equipment weighing more than 10,000 pounds are prohibited from using in excess of 150 gallons of water per washing. (Code 1980, § 30-12) Sec. 102-89. Agricultural use restrictions. (a) Overhead irrigation, except by portable volume gun, is restricted to the hours of 2:00 p.m. to 10:00 am. (b) Flood and seepage irrigation must not discharge tailwaters from the property,. This restriction does not apply to agricultural uses in the production of watercress planted prior to the declaration of a water shortage. (c) Soil flooding for pest control or soil preservation is prohibited. (Code 1980, § 30-13) Sec. 102.90. Nursery use restrictions. Inside overhead irrigation uses are restricted to 8:00 a.m. to 8:00 p.m., seven days per week. Outside use is restricted to 7:00 p.m. to 7:00 a.m., seven days per week. (Code 1980, § 30-14) Sec. 102-91. Golf course use restrictions. (a) Irrigation of greens and tees must be accomplished during nondaylight hours. (b) Irrigation of fairways, roughs and nonplaying areas on the f-~rst nine holes of the course is restricted to the hours o£ 12:01 a.m. to 8:00 a.m. on Monday, Wednesday, and Saturday. CD102:13 § 102-91 SEBASTIAN CODE (c) Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course is restricted to the hours of 12:01 a.m. to 8:00 a.m. on Tuesday, Thursday and Sunday. (Code 1980, § 30-15) Cross reference-Golf course, § 74-31 et seq. Sec. 102.92. Dewatering use restrictions. Discharge of fresh water' to tidal waters is prohibited. (Code 1980, § 30-16) Sec. 102-93. Water-based recreation restriction use. Filling is permitted for new and existing recreational facilities, including pools, water slides and swimming areas. Drainage is only permitted onto porous surfaces. No draining into sewers is permitted. Adding water to maintain levels is permitted for both new and existing recreation facilities. (Code 1980, § 30-17) Sec. 102-94. Miscellaneous use restrictions. (a) Boat washing and motor flushingis permitted for up to a maximum total of 30 minutes following operation in salt or brackish water. (b) Air conditioni,~g (water source he~t pumps) use shall be restricted to water necessary to maintain temperature no cooler than 78 degrees Fahrenheit. (c) Washing and cleaning streets, driveways, sidewalks, or other nonporous areas with water is prohibited. (d) Noncommercial vehicle washingis restricted to the hours from 4:00 a.m. to 8:00 a:m. and from 4:00 p.m. to 8:00 p.m., three days per week, using the even/odd house address method. (e) Outside pressure cleaning is restricted to only Iow volume methods, seven days per week. (D Outside aesthetic uses of water is prohibited. (Code 1980, § 30-18) Cross references-Streets, sidewalks and other public places, ch. 90; repairing and main- taining boa~s, § 110-41. Sec. 102.95. Provisions supplemental The provisions of this article are supplemental, in addition to, and not in derogation of, all existing ordinances effective in the city.. (Code 1980, § 30-20) CD102:14 City of Sebastian 122~ Main Street Sebastian, Florida 52958 Telephone (561) FAX (561) 5&9-5570 Subject: Ordinance O-99-04 Budget Amendment Approved for Submittal by: City Manager Department Origin: Finance Director Date Submitted: 4/21/99 Exhibits: //~ ~_~/_~ For Agenda of.' 4/28/99 Ordinanc~ No. O-99-04 Memorandum to Mayor and Council detailing Budget Amendments, Adjustments & Revisions Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT The City Council adopted Ordinance O-98-12 providing for the Fiscal Year 1998-99 Budget by Fund including estimated revenues and appropriations. A six month or mid-year review and thc conversion to the new MUNIS accounting system has necessitated that changes be made to the City's Fund structure to provide better control over budgeting and expenditures and that the City's original budget was out of balance, therefore, as explained in the attached memo, amendments to balance thc budgets were made and adjustments were made to create two Special Revenue Funds, three Capital Projects Funds, and additional Capital Projects Fund in the Golf Course and one for the Airport. In addition, following the adjnsmaents, a clearer picture of the revenues and expenditures for each fund were revealed and offered an opportunity to revise the revenues and expenditures by fund to more closely match estimated revenue and expenditure projections. REQ~ENDED ACTION Accept the fa'st reading of Ordinance No. O-9%04. Direct staff to advertise a public hearing for May 26, 1999. ORDINANCE NO. 0-99-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED, ADJUSTED AND REVISED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 AS P,R,~O,,VIDED FOR IN EXHIBIT "A", GENERAL FUND; EXHIBIT B , SPECIAL REVENUE FUNDS; EXHIBIT "C", DEBT SERVICE FU.N,D; EXHIBIT "D", CAPITAL PROJECTS FUNDS; EXHIBIT "E', GOLF COURSE FUND; EXHIBIT "F", AIRPORT FUND; EXHIBIT "G", TRUST FUNDS; PROVIDING. FoR SERVERABILITY; PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHERAS, on September 22, 1998, the Ci~ of Sebastian adopted Ordinance No. O-98-12 providing for the adoption of the City s 1998-99 budget; and WHEREAS, an analysis of the fund structure suggests that for greater control of revenues and expenditures that the new funds be adde~; and WHEREAS, an analysis of the first six (6) months revenues and expenditures has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October I, 1998 and ending September 30, 1999 be' amended, adjusted and revised by ~n,d,, ,a, cop,y, of,w,,hic~h,!s aty,ached he,r, eto and more particularly identified as Exhibit "A, B , "C , "D , "E , "F , and "G ', which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Ordinance shall be come effective on April 1, 1999. I It 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 Martha Winninger I Vice Mayor Chuck Neuberger Councilmember Joe Barczyk I Councilmember Ben Bishop Councilmember Ed Majcher I The Mayor thereupon declared this Ordinance duly passed and adopted this 12th I day of May, 1999. CITY OF SEBASTIAN, FLORIDA i By: I Mayor Martha winninger ATTEST: , I Kathryn M' O Halloran, CMC/AAE I City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: I Rich stringer I City Attorney I I 1 ,- I CITY OF SEBASTIAN GENERAL FUND SUMMARY REVENUE Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Revenues Interfund Transfers In Unappropriated Fund Balance TOTAL REVENUE 1998/991 BUDGET 5,686,000 357,000 2,774,060 40,750 73,750 193,700 0 0 13,900,815 AMENDED[ BUDGET 5,686,000 357,000 2,774,060 40,750 73,750 193,700 0 0 13,900,815 EXPENDITURES Legislative City Manager City Clerk Finance City Attorney Police Departmem Human Resources Growth Management Building Department DPW/Engineering & Administration DPW/Roads and Drainage DPW/Building Maintenance DPW/Central Garage DPW/Parks and Recreation DPW/Cemetery Non-Departmental TOTAL EXPENDITURES 1~410 168,010 246,790 230,245 100.000 2,170,980 105,495 246,415 237,285 28~320 916,545 16~025 138,300 402,995 83,280 8,353,331 13,865,426 19,410 168,010 246,790 230,245 100,000 2,170,980 105,495 246,415 237,285 280,320 916,545 166,025 138,300 402,995 83,280 8,388,720 13,900,815 EXHIBIT "A" ADJUSTEDt [ BUDGET 3,813,240 357,000 1,387,360 40,750 73,750 193,700 274,025 196,200 6,336,025 19,410 168,010 246,790 230,245 100,000 2,170,980 105,495. 246,415 237,285 280,320 916,545 166,025 138,300 402,995 83,280 823,930 6,336,025 IREVISEDI BUDGET ·3,801,910 337,000 1,328,800 47,750 77,750 233,179 274,025 290,145 6,390,559 19,4i0 168,510 ~246,790 305,745 83,507 2,170,980 111,195 246,415 251,285 280,320 917,777 166,025 138,300 402,995 83,280 798,025 6,390,55~ CITY OF SEBASTIAN SPECIAL REVENUE FUNDS CDBG FUND REVENUES: 95 CDBG GRANT TRANSFER FROM FUND 001 TOTAL REVENUES EXPENDITURES: OPEP~TING EXPENSES CAPITAL IMPROVEMENTS TOTAL EXPENDITURES BUDGET 507,710 4,830 512,540 38,830 473,710 512,540 AMENDEDI BUDGET 507,710 4,83O 512,540 38,830 473,710 512,540 LOCAL OPTION GAS TAX FUND REVENUES: LOCAL OPTION GAS TAX TOTAL REVENUES EXPENDITURES: STREET LIGHTING DEBT SERVICE 1-NTERFUND TRFR TO 001 (GF) TOTAL EXPENDITURES 0 0 DISCRETIONARY SALES TAX FUND REVENUES: DISCRETIONARY SALES TAX TOTAL REVENUES EXPENDITURES: INTERFUND TRFR TO 001 (GF) INTERFUND TRFR TO 320 (CI PROJECTS) TOTAL EXPENDITURES 0 ADJUSTED BUDGET 0 EXI-IIBIT 507,710 4,830 512,540 38,830 473,710 512,540 0 446,900 0 446,900 0 135,000 0 300,000 0 11,900 0 446,900' 0 1,425,820 0 1,425,820 0 261,625 0 1,164,195 1,425,820 BUDGET 222,196 4,830 227,026 i 34,639 I 192,387 227,026 I 446,900 446,900 I 135,000 I 300,000 11,900 446,900 I 1,425,820 1 1,425,820 1 261,625 I 1,164,195 1,425,820 I I I I I I I I I i I I I I I I I I I I REVENUES SPECIAL ASSESSMENTS INTEREST EARNED FUND BALANCE TOTAL REVENUES EXPENDITURES OPERATING EXPENSES DEBT SERVICE - PRINCIPAL DEBT SERVICE - INTEREST TOTAL EXPENDITURES CITY OF SEBASTIAN DEBT SERVICE FUND iB1998/99UDGET [ AMENDED] BUDGET 18,885 18,520 11,265 48,670 18,885 18,520 11,265 48,670 ADJUSTEDI BUDGET I EX'HIBIT "C" 18,885 18,520 i 1,265 48,670 150 150 150 30,000 30,000 30,000 18,520 18,520 18,520 48,670 48,670 48,670 REVISED BUDGET 39,700 15,000 0 ~4,700 55O 35,600 18,550 54,_799 CITY OF SEBASTIAN CAPITAL PROJECTS FUNDS CAPITAL PROJECTS FUND REVENUES: INTER TRFR FROM 00i (GF) INTER FR OM 601 (CEMETERY) TOTAL REVENUES I1998/99 BUDGET AMENDED BUDGET EXPENDITURES: BUILDINGS EQUIPMENT AND VEHICLES TOTAL EXPENDITURES CAPITAL IMPROVEMENTS FUND REVENUES: EPA 319 GRANT SJRWMD GRANT FIND GRANT OTHER GRANTS INTER TRFR FROM 001 (GF) INTER TR.FR FROM 105 (DST) APPROPRIATION FROM FUND BALANCE TOTAL REVENUES 0 0 0 0 0 0 0 0 EXPENDITURES: INFRASTRUCTURE-CULVERTS STOKMWATER MANAGEMENT PRACTICES INFRASTRUCTURE-ENGINEERING iNFRASTRUCTURE-INSPECTIONS INFRASTRUC~-DRAINAGE BUILDINGS DREDGING (EXP) REPAIRS & MAINTENANCE BUILDINGS-ROOFS BUILDINGS-ENGINEERING BUILDING INIPROVEMENTS INFRASTRUCTURE-REC FIELDS LAND INFRASTRUCTURE-BOAT DOCKS INFRASTRUCTURE-PARKING LOTS TOTAL EXPENDITURES 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EX2dIBIT "D" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22~953 6,500 6,500 I 6,500 29,453 6,500 6,500 0 22,953 6,5O0 29,453 0 530,000 0 100,000 0 . 62,500 0 55O,00O 0 '289,176 0 1,164,195 0 760,468 0 3,456,339 0 688,500 0 581,927 '23,000 57,000 1,050,800 129,360 35 000 5 000 2 500 9 000 64 752 18,000 660 000 125 000 6,500 3,456,339 i 530,000 100,000 I .62,500 0 289,176 I 1,164,195 760,468 I 2,906,339 1 688,500 581,927 I 23,000 57,000 1,050,800 i 129,360 35,000 5,000 i 2,500 9,000 I 64,752 18,000 110,000 I 125,000 6,500 2,906,339 I CITY OF SEBASTIAN CAPITAL PROJECTS FUNDS (Continued) TRANSPORTATION PROJECTS FUND REVENUES INTER TRFR FROM 001 (GF) INTER TRFR FROM I04 (LOGT) INTEREST INCOME -PAVING LOAN iRC-IMPACT FEES OTHER TRANSPORTATION REVENUE APPROPRIATION FROM PRIOR YEAR SURPLUS TOTAL REVENUES EXPENDITURES INFRASTRUCTURE-BRIDGES INFRASTRUCTURE-ROADS INFRASTRUCTURE-INSPECTIONS UNDESIGNATED BUDGET SURPLUS TOTAL EXPENDITURES I 1998/99 I [AMENDED] BUDGET BUDGET XDJUSTED BUDGET 0 0 0 0 0 0 IREVISED BUDGET EXHIBIT "D" 0 0 98,000 98,000 0 0 0 0 0 0 0 142,000 0 0 135,000 135,000 0 0 0 7,632 0 0 1,937,775 1,937,775 0 2,170,775 2,320,407 0 223,000 223,000 0 1,907,775 1,907,775 0 30,000 30,000 0 10,000 .159,632 0 2,170,775 2,320,407 CITY OF SEBASTIAN GOLF COURSE FUND I 1998/99 AMENDED I^OJUST~I'I '~S~O I I I aUDCgTI I BUDGET I I BUDGET I BUDGET I REVENUE I Charges for Services 1,250,762 1,250,762 1,250,762 '.1,279,990 I Interest 27,000 27,000 27,000 53,100 Unappropriated PY Retained Earnings 0 0 176,825 123,607 Intrafund Transfer In 0 0 0 153,000 I TOTAL REVENUE 1,277,7.6._2. 1,277;~762 ,J¢454,587 1,609,697 i EXPENSES I Personnel Services 178,985 178,985 178,985 178,985 Operating Expenses 909'960 909,960 801,285 844,864 I Capital Outlay 0 0 180,500 .2il,900 Debt Service 102,650 102,650 207,650 '207,650I Intrafund Transfer Out 0 0 0 153,000 Other Non-Operating Expense 20,000 86,167 86,167 13,298 TOTAL EXPENSES .1,2~1~1~5~9~5 1,277,Z62 1,454,587 1,609,697 I I i i REVENUE Charges for Services Interest Intrafund Transfer In TOTAL REVENUE EXPENSES Personnel Costs Total Operating Expenses Capital Outlay · Intrafund Trfr to Airport CIP Other Non-Operating Expenses TOTAL EXPENSES CITY OF SEBASTIAN AIRPORT FUND 1998/99l BUDGET 81,205 15,700 0 96,905 20,035 67,870 0 0 0 87,905 EXi-IIBIT"F" I AMENDED BUDGET 81,205 15,700 0 96,905 20,035 67,870 0 0 9,000 96,905 ADJUSTED BUDGET 81,205 15,700 0 96,905 20,035 17,870 57,365 0 1,635 96,905 REVISED BUDGET 120,224 14,700 57,365 192,289 20,035 17,870 57,365 57,365 39,654 192,289 i CITY OF SEBASTIAN TRUST FUNDS I [ 1998/99 I AMENDED i ADJUSTEDI REVISED [BUDGET[ I BUDGET I BUDGET ] BUDGETi CEMETERY TRUST FUND REVENUE: Interest 6,500 6,500 6,500 6,500 I Sales 10,000 10,000 10,000 10~000 TOTAL REVENUE .16,500" 16,5Q0 -- ~ 16,500~ 16,500 I EXPENDITURES: Capital Outlay 6,500 6,500 0 0 i Operating Expenses 1,500 1,500 1,500 1,500 Interfund Trfr To 310 (CP Fund) 0 0 6,500 6,500 Unappropriated Fund Balance/Surplus 8,500 8,500 8,500 8,500 TOTAL EXPENDITURES 16,500 ,16,50~0,. ,- 16,500 16,50~ 1 FUND I REVENUES: Fines and Forfeits 40,500 40,500 40,500 0 I Interest 200 200 200 200 TOTAL'REVENUE 40,70~ ~0,700 4~,700 40,700 I EXPENDITURES: Capital Outlay 0 0 40,700 40,700 I Reserve 40,700 40,700 0' ' 0 TOTAL EXPENDITURES 40,700 . 40,7~ 40,700 .... ~,~;770 i LAW ENFORCEMENT EDUCATION TRUST FUND l REVENUES: Fines and Forfeits 500 500 500 500 i TOTAL REVENUE ~ 500 -~ 500 "~ ~ 500 500 EXPENDITURES: Operating Expenses 500 500 0 0 Interfund Trfr to 001 (GF) 0 . 0 500 500 I TOTAL EXPENmTURES ~ SOO ~ ~ 507 500 50© I EXHIBIT "G" CITY OF SEBASTIAN TRUST FUNDS (Continued) PUBLIC SAFETY EMPLOYEE TRUST FUND REVENUES: Miscellaneous Interest Unappropriated PY Fund Balance/Surplus TOTAL REVENUE 1998/99 I ] AMENDED BUDGET BUDGET ADJUSTED BUDGET EXPENDITURES: Operating Expenditures TOTAL EXPENDITURES REVISED BUDGET GENERAL GOVERNMENT EMPLOYEE TRUST FUND REVENUES: Charges for Services Interest TOTAL REVENUE 1,000 1,000 1,000 1,000 200 200 200 200 0 2,000 2,000 2,000 1,200 3,200 3,200 3,200 EXPENDITURES: Operating Expenditures Reserve TOTAL EXPENDITURES 3,200 3,200 3,200 3,200 3,200 3,200 3,200 3,200 4,525 4,525 4,525 4,525 75 75 75 75 4,600 4,600 4,600 4,600 3,500 3,500 3,500 3,500 1,100 1,100 1,100 1,100 4,600 4,600 4,600 4,600 I I TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER I DATE: APRIL 28, 1999 I SUBJECT: MID-YEAR BUDGET REVIEW - MARCH 1999 I As of March 31, 1999, the status of budgets for the major operating fund was as follows: I ' % OF BUDGET ORIGINAL ADJUSTED RECEIVED/ BUDGET RECEIVED/ I . BUDGET BUDGET EXPENDED BALANCE EXPENDED GENERAL I Revenues $13,900.815 $6,336,025 $3.878.080 $2.457.945 61.2% Expenditures $13,865.426 $6,336,025 $3.486.316 $2.849,709 55.0% · I GOLF COURSE Revenues $1,277,762 $1,454,587 $ 929.489 $ 408,931 63.9% Expenses $1.211,595 $1,454,587 $ 618,571 $ 769,849 42.5% I AIRPORT i Revenues $ 96.905 $ 96,905 $ 46,541 $ 50,304 48.0% Expenses $ 87,9{15 $ 96,905 $ 36,029 $ 60.876 37.2% I The information above assumes the adjustments made to create the two Special Revenue Funds and three Capital Projects Funds have been made. In addition, this information also assumes that adjustments to balance the budgets and correct deficiencies have been made. i Highlights of the mid-year status analysis include: I 1. Overall revenues supporting the General Fund activities are being received as planned. During the first six months, 61.2% of the budgeted revenues were received. The mid-year budget review includes recommendations to increase I revenue overall by $54,534 that consists of decreases of $11,330 in Taxes, $20,000 decrease in Licenses and Permits, $58,560 decrease in Intergovernmental Revenue, $7,000 increase in Charges for Services, $4,000 I increase in Fines and Forfeitures, a $39,479 increase in Miscellaneous Revenues, and an increase from Unappropriated Fund Balance of $93,945. The General Fund Expenditures are projected to have a net increase of I $54,534 resulting from the re-appropriation of funds for amounts appropriated in the prior but encumbered in the current year, requests for personnel and the I need for a new vehicle in the Building Department to replace an old and aging , i I I I I I I I I I I I I i I i I I I i I I I I I I I I I I I I I I I I I vehicle. This will be offset by anticipated reductions i.n.. the Legal Department and Non-Departmental. 2. Special Revenue Funds Community Development Block Grant is anticipated to end in the current fiscal year. Both Revenue and Expenditures are expected to be less than anticipated due to the project and funds having been budgeted and received in prior years and funds/expenditures having been made in prior years. Debt Service Fund Overall, the necessary revenues to make the debt service payment have been received. In addition, additional revenues have been received, necessitating an anticipated increase of $6,030. The debt service payment was budgeted at an amount less than the actual payment requiring an adjustment to increase the budget by $6,030. 4. Golf Course Fund Golf Course management anticipates revenue increases of $55,328. As has been anticipated the bulk of the revenue for the fiscal year has been received in the first six months. The dollar amount collected for the first six months is 5% percent above this period last year. However, Staff will be watching revenue over the remaining six months. The Golf Course Fund Expenditures are projected to increase $55,328 of which, $39,019 is to correct for miscalculated lease payments to the Airport over the past four years, $5,000 is to adjust for an increase in electric and' $30,000 for computer equipment and software to upgrade the current system to be Year 2000 compatible. The increase in expenses will be offset by an anticipated increase in revenue and decreases in telephone costs and undistributed expense of $19,651. 4. Airport Fund The Airport Revenue will be increased for additional rents of $39,019 expected from the Golf Course Fund, This revenue will be offset by the establishment of a contingency account to offset the additional revenue. The following project/program improvements are proposed to be added as a part of the mid-year budget review: A. Establish two full time Maintenance Laborer positions in Streets and Drainage Division. The department is desirous of establishing a response team for customer complaints, however, the current work force as well as turnover has prevented this goal from being accomplished. This action will increase the overall services provided to the Citizens. The costs of two full time laborers will be absorbed by budget salary savings in the Streets Division. Establish a full time Accountant I position in the Finance Department at a cost of $14~500. The position will be used for focusing on the accounting function, providing support for Franchise Fee and Public Utility Tax Audits as well as providing support for Grant research and writing. The funding source will be budget salary savings and prior year fund balance. Establish a budget for the project of networking City Hall and establishing linkage with the Golf Course. Cost of this project is estimated to be $22,953. The funding source will be prior year fund balance. Establish capital outlay, $30,000, in the Golf Course Fund to upgrade non- year 2000 compliant equipment and upgrade the golf course software and point of sale .equipment. Funding is anticipated to be from anticipated increases in revenue and a reduction in the Undistributed Account. Staff has kept well within the adopted budget in all funds to retain maximum fiscal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. Van Antwerp, Interim City Manager AMENDED BUDGETS The following budgets were out of balance: General Description Fun~d Total Revenues 13,900,815 Enterprise Funds Golf Trust Course Airport Funds 1,277,762 96,905 63,500 Total Operating and Capital Expenditures 13,865,426 1,211,595 87,905 65,500 Excess(deficiency) of Revenue over operating and capital expenditures 35,389 66,167 9,000 (2,000) The first step was to amend the budgets to balance revenues and expenditures. For the General Fund, the excess revenue was budgeted to Undistributed in the Non-departmental Fund, for the Golf Course, the excess revenue was budgeted to the Undistributed account in the Administration & Pro Shop Division, the Airport excess was budgeted to the Airport undistributed account and for the Trust Funds, the deficiency was budgeted to Appropriated from Prior Year Surplus. It is very important that all budgets balance. Following is the results of the first pass to balance the budget: Amended Budget Enterprise Funds General Golf Trust Descriotion Fund Course Airl~ort Funds Total Revenues 13,900,815 1,277,762 96,905 65,500 Total Operating and Capital Expenditures 13,900,815 1,277,762 96,905 65,500 Excess(deficiency) of Revenue over operating and capital expenditures ADJUSTED BUDGET The second pass was to adjust the budget to add two Special Revenue Funds and three Capital Projects Funds. The two Special Revenue Funds are for Local Option Gas Tax(LOGT) and Discretionary Sales Tax(DST), both of which are designated funds for specific purposes, a primary requisite for special revenue funds. The Local Option Gas Tax is used for transportation related projects, street lighting and has been designated as the primary funding source for repaying the paving loan debt. The Discretionary Sales Tax is used for capital improvements and purchasing emergency vehicles, i.e. police vehicles. By establishing these two special revenue funds, the City is better able to identify the revenue sources and control the expenditures. Previously, these amounts were budgeted in the General Fund, The three Capital Projects Funds are Capital Projects, Capital Improvements and Transportation Projects. These Funds have been established to capture specific projects and expenditures, as well as identify specific funding sources for those projects. In addition, the funds are established to provide for life of the project budgeting which will allow the City to budget projects in full and have greater control over its Capital Budgeting. The result of reclassing the LOGT and DST to both the Special Revenue Funds and the Capital Projects Funds was the identification of a budget shortfall in the General Fund of $196,200. This generally resulted from over-budgeting LOGT which included funding to the General Fund of $180,000 for road materials, however, this was $168,100 in excess of the amount available for debt service on the paving loan and street lighting payments. To balance the budget following the adjustments, the amount was budgeted from Appropriation from Prior Year Fund Balance/Surplus. Per our Fiscal Year 1997-98 financial statements, the General Fund had an undesignated fund balance of $2,374, 977. The amounts identified in the non-departmental sections in the budget for capital projects and those funding sources identified in the revenue section, i.e. grants, were reclassed to the capital project funds to which they related. The Golf Course Fund and Airport Fund were also corrected for unbudgeted and incorrectly budgeted items. Enterprise funds are generally required to be budgeted on the basis of accounting then in use, however, to more closely identify the cash transactions which will occur during the course of a year, budgets are prepared on a cash basis instead of an accrual basis. This provides a certain level of control over the enterprise fund, which, although, not required to be budgeted, generally is iacluded in most municipality's budgets. In the case of the Golf Course and Airport, both had budgeted depreciation, a non-cash item, and both had capital projects that were not budgeted, which represents a cash item. For the Golf Course, the principal portion of debt service was not budgeted which represents a cash item. Capital projects and debt service, both principal and interest, for enterprise funds should be budgeted from current year revenues, otherwise, the funds surplus, retained earnings, will be required to pick up the slack of pa~ng for these cash items. Adjustments were made to the Golf Course Fund to budget for the capital items, the principal portion of debt service and to remove the depreciation budget. The result was to budget from Prior Year Retained Earnings in the amount of $176,825. This amount was reduced when the Adjusted Budget was revised (see next section on revised budget for the Golf Course) by $53,218, to $123,607. In addition, an additional fund was added to the Golf Course for Capital Projects, which will allow projects with a life of greater than one year to be accounted for on a life of the project basis. The Airport capital projects were identified and a capital projects fund for the Airport was established to record the budgets for each project and record the funding source for same. The removal of the depreciation budget of $50,000, picked up most of the budgeting for the shortfall and the remainder of the amount reduced the undistributed account by $7,365. Following is a summary of the Adjusted Budget: Adjusted Budget Enterprise Funds General Golf Trust Description Fund Course Airport Funds Total Revenues 6,336,025 1,454,587 96,905 65,500 Total Operating and Capital Expenditures Excess(deficiency) of Revenue over operating and capital expenditures 6,336,025 1,454,587 96,905 65,500 0 0 0 0 SIX MONTHS REVIEW AND REVISED BUDGET ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting the general fund activities are being received as planned. A total of $3,878,080 or 61.2% of the $6,336,025 adjusted budget was received during the first six months of the fiscal year. This percentage is high due to the receipt of 83% of property taxes being received during the first two quarters. Last year, 67.2% of budgeted revenue, not including Local Option Gas and Discretionary Sales Tax, were received in the first two quarters. TAXES: Real and Personal Property Tax Collections were 83% percent of budget which is lower than fiscal year 199%98 when 85% of the property tax budgeted was collected. Staff is optimistic, however, that the amount budgeted will be realized by fiscal year end. The Electric Franchise Fee and the Utility Service Taxes will need to be closely monitored, as all of them are below 50% for the first six months of the fiscal year. Both the Telecom Franchise Fees and Solid Waste Franchise fees are projected to be higher than budgeted and an increase of $2,054 and $4,000 are recommended. However, the Cable Franchise Fee was significantly less than anticipated and a decrease of $17,384 is recommended for this line item. LICENSES AND PERMITS: Occupational and Professional Licenses are up 4% over last year, however, forecasted projections suggests recommending a decrease of $8,000. Occupational licenses are behind last year with non-renewals and unpaid licenses which do not appear will be made up in the current year. Construction permitting is on the same pace as last year at 83% of budgeted revenues, however, forecasting results from previous years recommends decreasing Building Permits budget by $12,000. The table below shows the fluctuation in commercial and residential permitting over the last five years. During the first six months of 1998-99, the number of permits for new residential construction was about the same as last year as was the value of construction. The number of permits issued for commercial new construction is down from the previous year and the value is about the same. Residenti~ ~ of Pe~i~ Residenti~ Value Residential Average Value 126 253 217 21.5 205 11,103.876 21.157.249 19,628.060 1&731.794 15.121,767 88.126 83.625 90.452 77.822 73,765 22.43'),560[l ?,618,9~)4[ INTERGOVERNMENTAL REVENUE: During the first six months of 1998-99, the City has received 45.8% of the projected' revenue which is 4% above the previous year. Analysis of revenue accounts and forecasting based upon prior year receipts and projections suggests decreasing some revenue sharing accounts and increasing others. It is recommended that the 2 Cents Cigarette Tax be increased by $600 and the 8th Cent Motor Fuel Tax be increased by $1,800. However, the Local Half-Cent Sales Tax is recommended to be decreased bY $36,285 and the Federal Cops Grant reduced by $24,675 to the amount expected to be received per the contract of $75,000. The net effect is to reduce the Intergovernmental Revenue Section by $58,560. GENERAL GOVERNMENT REVENUES: During the first six months the City has received 79% of the budgeted revenues in this group. This is 37% over the previous year of 42% received during the same period. The percentage appears high due to amounts received in excess of budget. This results in recommended increases in Zoning Fees of $1,000, Certified Copying and Record Search Charges by $1,000 and Cemetery Lot Sales by $5,000 for a total of $7,000. FINES AND FORFIETURES: During the first six months, 56% of revenue has been collected as compared to 47% in the previous year. This is overshadowed by the fact that Other Fines and Forfeitures has received 239% of budgeted revenue. Therefore, we are recommending that decreases be made to Court Costs of $250 and Parking Fines of $250, however, the following increase are recommended, $250 for Violations of Local Ordinances, $4,000 for Other Fines and Forfeitures and $500 for Construction Board Fines. MISCELLANEOUS REVENUES: During the first six months, 109% of miscellaneous revenues have been received by the City. This is 30% above the same period last year. The net increase to miscellaneous revenues is $39,479. The City has enjoyed favorable interest rates and cash management resulting in a recommended increase in Interest of $23,000. Forecasted interest to be received from the tax collectors office, as well as nontaxable rent recommends that each account be reduced by $1,500 each for a total of $3,000. Rents and royalties is projected to be $15,000 based upon current trends in renting of facilities thus recommending that this account be increased by $3,000. Surplus sales is recommended to be increased by $3,179 resulting from the sale of vehicles to IRCC. Donations, Motor Fuel Tax Rebates and Reimbursements were not budgeted and the recommended increases are $2,500, $2,200, and $8,000, respectively. Reimbursements in large part are from the State to reimburse the City for overtime incurred by the Police Department for conducting investigations of sales to minors of alcohol and tobacco products. This program will end June 30, 1999 and has not been renewed by the Florida Legislature for the next fiscal year. In addition, Prior Year Recovery of funds is recommended to be increased by $600. This generally results from void checks from prior years. In addition, an additional $93,945 is recommended to be appropriated from prior year fund balance/surplus to fund prior year appropriations paid for in the current year as well as some recommended expenditures for continuing operations The following changes are a summary of the analysis above and are the recommended.' changes to the revenue accounts: Department: 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 General Fund BUDGET CHANGES BUDGET CHANGES BUDGET CHA~GES BUDGET ;Faxes 5,686,000 0 5,686,000 (1,872,7601 3,813,240 (11,330~ 3.801,9 IO Licenses and Permits 357,000 0 357,000 0 357,000 (20.000) 337.000 Intergovernmental 2,774,060 0 2.774,060- (1,386,7001 1,387,361) (58,560) 1,328,8oo Charges for Services 40,750 0 40,750 0 40,750 7,000 47,750 Fines and ForI~:its 73,750 O' 73.750 0 73,75o 4.000' 77,750 Miscellaneous Revenues 193,700 0 193,7011 0 193,700 39.479' 233,179 ~nterfund Transfers 0- 0 0 274,025 274,025 O' 274.025 Non-Revenue Sources 4,775,555 0 4.775,555 (4.579,355) 196.2011 93.945 290.145 Total 13,900,815 0 13,900,815 (7,564,790) 6,336,025 54,534 6,3911,559 NET RECOMMENDED DECREASE (ALL RECOMlVlENDED CHANGES) GENERAL FUND REVENUES $7,510,256_ TO THE ANALYSIS OF GENERAL FUND EXPENDITURES The recommended adjustments to the General Fund departmental expenditure accounts include funding for appropriations made in the previous year but were encumbered in the current year. Most departmental percentages expended were below the 50% level for the first six months. Some of the higher percentages are due to the encumbrances and expenditures made from appropriations in the prior year which lapsed per Ordinance. In addition there are additional funding requests included by department. EXPENDITURES: ORIGINAL REVISED Department: 1998-99 RECOMMENDED 1998-99 City Manager BUDGET CHANGES BUDGET - PERSONAL SERVICES 157,800- 0 157,800 OPERATING EXPENDITURES 10,210 0 10,210 CAPITAL OUTLAY 0 500 500 Total 168,010 500 168,510 Capital Outlay - accounts for the MUNIS Accounting System appropriated in fiscal year 1998 and encumbered in fiscal year 1999. This is the portion allocated to the City Manager's department. ..........................................o icINx i EVlSE£" Department: 1998-99 RECOMMENDED 1998-99 Finance BUDGET CHANGES BUDGET PERSONAL SERVICES 172.125 14,500 186,625 OPERATING EXPENDITURES 55,120 0 55,120 CAPITAL OUTLAY 3,000 61,000 64,000 Total 230,245 75,500 305,745 Personal Services - accounts for a department request for staffing an Accountant I position. The duties which this individual will fill will be overseeing the accounting functions, Franchise Fee research, reviews and audits, Public Utility Tax reviews and audits, and support for grant research and writing and other functions designated by the Director of Finance. Funding for this position will come partially from salary savings within the department, as well as savings generated by the Legal Department. Future funding should come from increased revenue from the franchise fees and public utility taxes, as well as savings generated from grant awards received. Capital Outlay - accounts for the MUNIS Accounting System and the Y2K computer and network upgrade appropriated in fiscal year 1998 and encumbered in fiscal year 1999. (This is the portion allocated to the Finance Department. 7 ORI REVISED Department: 1998-99 RECOMMENDED 1998-99 Legal BUDGET CHANGES BUDGET - PERSONAL SERVICES ' 0 68,{)77 68,(}77' OPERATING EXPENDITURES 99.4ol} (84,570) 14,830 CAPITAl. Ol STLAY 600 0 600 Total 100,000 (16,493) 83,507 Personal Services - Reorganize budget for City Attorney hired in November 1998 and the associated FICA and benefit accounts. Operating Expenditures - Reorganization of budget for City Attorney hired in November 1998. In addition, reduce funding for City Attorney Fees and Other Legal Fees and increase funding for Travel and Per diem by $500 and Education by $500. ........... iSEff ORIGINAL Department: 1998-99 RECOMMENDED 1998-99 Human Resources BUDGET CHANGES BUDGET - PERSONAL SERVICES 75,675 0 75,675 OPERATING EXPENDITURES 27,120 0- 27,120 CAPITAL OUTLAY 2.700 5,700 8,40(} Total 105,495 5,700 111,195 Capital Outlay - accounts for the MUNIS Accounting System appropriated in fiscal year 1998 and encumbered in fiscal year 1999. This is the portion allocated to the Human Resources Department. - 0~'iGINAL ...... REVISED Department: 1998-99 RECOMIWENDED 1998-99 Building BUDGET CHANGES BUDGET PERSONAL SERVICES 215,910 0 215,910 OPERATING EXPENDITURES 19,625 0 19,625 CAPITAL OITH.~Y 1,750 14,000 15,750 Total 237,285 14,000 251,285 Capital Outlay - accounts for a recommended replacement truck for the inspectors. The current vehicle has well over 100,000 miles and requires frequent maintenance at the cost of approximately $2,000 per year. In addition, the cost of the personnel down time recommends that the vehicle be replaced. The estimated cost is from State contract and will be funded by appropriation from fund balance. ORIGINAL REVISED Department: 1998-99 RECOMMENDED 1998-99 Roads & Drainage BUDGET CHANGES BUDGET PERSONAL SERVICES 467,275 0 467,275 OPERATING EXPENDITURES 312,770 1,232 314,0(}2 CAPITAL OUTLAY 136,500 0 136,500 Total 916,545 1,232 917,777 Operating Expenditures - accounts for an appropriation and encumbrance for sidewalk material in fiscal year 1998 and paid for in fiscal year 1999. Since the appropriation had lapsed at September 30, 1998, but the work was in process at the same time, the amount was subsequently re-encumbered in FY 99 and paid. Funding will be appropriation from fund balance/surplus. Personnel Services - The department is requesting two additional laborer positions to become part of a rapid response team devoted exclusively to handling citizen complaints. ' The turnover within the maintenance worker ranks, transfers to other departments and promotions has provided salary savings in the department to fund the two laborers for the remainder of the year. Total anticipated cost is $19,000, salary savings is approximately $24,000. Departmenl: 1998-99 RECOMMENDED 1998-99 RECOMMENDED Non-departmental BUDGET CItANGES BUDGET CHJuNGES OPERATING EXPENDITURES 460.525 0' 460,525 (135,000) CAPITAL IMPROVEMENTs 7,374.466 0 7374.466 (7.374.466} DEBT SERVICE PAYMENTS 471.100 0 471.100 (44Z500) INTERFUND TRANSFERS 6.330 0 6330 387.176 UNDISTRIBUTED 40.910 ~ 35.389 76.299 0 ~'YrED ' ~' ' REVISED 1998-99 RECOMMENDED 1998-99 BUDGET CHANGES BI, rDGET 325.525 (16.760) 308'.765 0 12.550 12.55(~ 28.600 3.551 3Z 151 393,506 22,953 416.459 76.299 (48.199) 28.100 Total 8.353.331 35,389 8,388,720 (7,564,790) 823,930 (25.905) 798,025 Recommended increase from the Original Budget to the Amended Budget to balance Revenues and Expenditures. Recommended decreases from the Amended Budget to the Adjusted Budget of reclassifying the amounts associated with' the Local Option Gas Tax Special Revenue Fund, such as Street Lighting costs and Debt Service associated with the Paving Loan, as well as Projects more properly associated with the Capital Improvements Fund and the Transportation Improvements Fund. Also an increase in Interfund Transfers Out to the Capital Improvements Fund of $289,176 budgeted in the Capital Improvement Budget and the transfer of $98,000 (8t" Cent Motor Fuel Tax) to the Transportation Improvements Fund. Operating Expenditures - accounts for a recommended decrease from the Adjusted Budget to the Revised Budget and accounted for in Worker Compensation Insurance of $6,150, Telephone costs of $5,300, Electric costs of $2,200, and General Liability costs of $5,000 offset by recommended increases to Contract Mowing of $1,000, unbudgeted Sewer costs of $250, unbudgeted Property Taxes of $500, and Dues and Subscriptions of $140 for a net decrease of $16,760. Capital Improvements - accounts for an appropriation in FY 98 and encumbered in FY 99 for contract mowing and a project assigned to Lundia Shelving. Debt Service Payments - accounts for adjustments to principal and interest for the correct amounts paid on the last two payments for the Cavcorp property resulting in an increase of $3,551. Interfund Transfers - accounts for the recommended project of networking the City. This is the General Fund portion of the project and will be accounted for in the Capital Projects Fund. Undistributed - accounts for the net decrease in Non-departmental. NET RECOMMENDED DECREASE (ALL RECOMMENDED CHANGES) TO THE GENERAL FUND $7,510,256. ANALYSIS OF SPECIAL REVENUE FUNDS The Special Revenue Funds are used to account for revenue sources (other than Major Capital Projects) that are legally required to be spent for specific purposes. COMMUNITY DEVELOPMENT BLOCK GRANT FUND Revenues: ......... ~)RiGINAL REVISED Special Revenue Fund - 1998-99 RECOMaMENDED 1998,-99 CDBG BUDGET CHANGES BUDGET CDBG Grm~t 507,710 (285,514) 222,196 Interfund Transfer 4,830 0 4,830 Total 512,540 (285,514) 227,026 Expenditures: ............ ~I~RIGINAL Special Revenue Fund - 1998-99 CDBG BUDGET OPERATING EXPENDIT1JT~ES 38.83O CAPITAL IMPROVEMENTS 473.710 REVISED RECOMMENDED 1998-99 CHANGES BUDGET (4.191) 34,639 (281,323)..192,387 Total 512.540 (285,514) 227,026 Decreases are recommended for both revenue and expenditures for over-budgeting. Prior year budgets accounted for amounts received and spent. This year's budget includes those amounts and are recommended to be reduced accordingly. LOCAL OPTION GAS TAX FUND Revenue: ORIGINA ADJUS~rED REVISED Special Revenue Fund ~ 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Local Option G~ Tax BUDGET CItANGES BUDGET CHANGES BUDGET Local Option Ga~ Tax 0 446.900 446.900 0 446.900 ~her Revenue 0 0 0 0 0 Total 0 446,900 446,900 0 446,900 Recommended increase results from reclassifying the budget from the General Fund to the Special Revenue Fund. Expenditures: Special Revenue Fund - Local Option Gm Tax OPERATING EX'PENDITURES DEBT SERVICE ' INTERFLrND TRANSFERS ORiGINAL AIMUSTE REVISED 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 BUDGET CHANGES BUDGET CHANGES BUDGET 0 135.000 135.000 0 135.000 0 300.000 300.000 0 300.000 0 11.900 11.900 0 I 1.900 Total 0 446,900 . 446,900 0 446,900 Recommended increase results from reclassifying the Street Lighting from General Fund Non-departmental and reclassifying and adjusting Debt Service from the General Fund Non-departmental and recording the correct amount of the Interfund Transfer originally shown as $180,000 but without the funding, needed to be reduced to an amount available after operating expenditures and debt service. DISCRETIONARY SALES TAX FUND Revenue: Special Revenue Fund - Discretionary. Sales Tax Discretionary. Sales Tax ORIG'~q ................ AL ADJUSTED REVISED 1998-99 RECOMMFNDED 1998-99 RECOMMENDED 1998-99 BUDGET CHANGES BUDGET CHANGES BUDGET 0 1,425,820 !,425,820 0 1,425,820 Total 0 1,425,820 1,425,820 0 1,425,820 Recommended increase results from reclassifying the budget from the General Fund to the Special Revenue Fund. Expenditures: ORIGINAL Special Revenue Fund - 1998-99 Discretionary Sales Tax BUDGET INTERFUND TRF~ TO 001 (Gl:) 0 INTERFUND TRFR TO 320 (CIP) 0 REVISED RECOMMENDED 1998-99 RECOMMENDED 1998-99 CHANGES BUDGET CHANGES BUDGET 261.62.~ 261,625 o 26 t .625 1,164.195 1.164,195 , 0 1,164,195 Total 1,425,820 0 1,425,820 Recommended increase results from reclassi~ng amounts from the Capital Improvement Budget identified as those amounts for the General Fund (i.e. for Police Cars and other miscellaneous capital improvements) and those amounts identified for Capital improvements to be transferred to the Capital Improvements Projects Fund. ANALYSIS OF DEBT SERVICE FUND DEBT SERVICE FUND Revenues: ORIGINAL REVISED Debt Service Fund 1998-99 RECOMMENDED 1998-99 BUDGET CHANGES BUDGET Special Assessments 18,885 20,815 39.700 Interest Earned 18,520. (3,520) 15 ~000 Fund Balance 11,265 (I 1,265) ~ Total 48,670 6,030 54,700 Special Assessments - accounts for increased revenue received in the current year resulting from several accounts which are in default and some who have paid the assessment in full. Interest earned is recommended to be decreased resulting from forecasted amounts that will be less than projected. Fund Balance is recommended to be decreased since the Special Assessments account is increased for some of the defaulters paying in full. Expenditures: Debt Service Fund OPERATING EXPENDITURES DEBT SERVICE ORIGINAL REVISED 1998-99 RECOMMENDED 1998-99 BUDGET CHANGES BUDGET 150 400 556 48.520 5,630 54.150 Total 48,670 6,030 54,700 Operating expenditures - accounts for an increase in the Circuit Court Filing Fee due to a discovered error in how the first sixty release of liens were recorded. These sixty release of liens were required to be recorded to remove the correct lien filed against the properties. Debt Service - accounts for the actual amount paid in March of 1999 for this year debt service payments. ANALYSIS OF CAPITAL PROJECTS FUNDS CAPITAL PROJECTS FUND This fund is used to account for capital projects which do not owe themselves to any one fund and provide a separate fund to account for each project on a life of the project basis. Revenues: ORIGINAL ADJUSTED REVISED Capital Projects Fund: 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Capital Projects BUDGET CHANGES BUDGET CHANGES BUDGET Inteffund Trfr from 001 (GF) 0 0 0 22,95.t 22,953 tnterfund Trti' from 601 0 6,500 6,500' 0 ' 6,500 Total 0 6,500 6,500 22,953 29,453 Interfund Trfr from 001 (GF) - accounts for the funding source for the capital project to network the City's computers. Interfund Trfr from 601 - accounts for the interfund transfer to account for the projects of the Cemetery Trust Fund. Expenditur,e~: ORIGINA'i~ ....... ADJUSTED REVISED Capital Projects Fund: 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Capital Projects BUDGET CHANGES BUDGET CHANGES BUDGET CAPITAL OUTLAY 0 6,500- 6,500- 22,953 29,453 Total 0 6,500 6,500 22,953 29,453 Capital Outlay - accounts for the Cemetery project approved in the Capital Improvement Budget and the recommended networking of the City's computers and peripheral equipment. CAPITAL IMPROVEMENTS FUND This fund will be used to account for capital improvement projects associated with the Discretionary Sales Tax funding source and various associated grants and other funding sources for all capital improvements not associated with transportation projects or other capital projects. Revenues: ORIGINAL ADJUSTED REVISED Capital Projects Fund: 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Capital Improvements BUDGET CH.~NGES BUDGET CHANGES BUDGET State Grants 0 530,0(10 530,000 0 530,000 local Grants 0 162,500- 162.500 0 162,500 Other Grants 0 550,000 550,000 (550,001)~ ~ ~terfund Trfr fr 001 (OF) 0 289,176 289,176 0 289,176 Interfund Trfr fr 105 (DST) 0 1,164.195 1,164,195 0 1,164.195 Appropr from PY Surplus 0 760.468 760.468 l) 760,468 Total 0 3,456,339 3,456,339 (550,000) 2,906,339 State Grants - accounts for the EPA 319 Grant and is reclassified from the General Fund. Local Grants - accounts for the SJRWMD Grant for Elkam Dam and the Find Grant for the Main Street Dock. Other Grants - accounts for grants which do not fit into the other categories. These grants are recommended to be decreased since we have not received any written documentation awarding the grants. These amounts are associated with the project to purchase the Good Guys property. Interfund Trfr fr 001 (GF) - accounts for amounts recorded in the Capital Improvements Budget to be a "Loan" from the General Fund. Interfund Trfr fr 105 (DST) - accounts for the funding source from the Special Revenue Fund. Appropriation from PY Surplus - accounts for the designated amount to be carried over from the General Fund Designated Fund Balance. Expenditures: ORIGII~AL ADJUSTED REVISED Capital Projects Fund: 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Capital Improvements BUDGET CHANGES BUDGET CHANGES BUDGET CAPITAL OIfI'LAY 0 3,456,339 3,456,339 1'550,000) 2,906,339 Total 0 3,456,339 3,456,339 (550,000) 2,906,339 Capital Outlay - accounts for the projects identified in the Capital Improvements Budget. TRANSPORTATION IMPROVEMENTS Revenues: .......... 6~I~GINAL --" AILIUSTED ~' REVISED Capital Projects Fund: 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Transportation BUDGET CHANGES BUDGET CHANGES BUDGET ~nterfund Trfr fr 001 (GF) 0' 98,000 98,000 0 98,000 Intefftmd Tiff ti' 104 (LOGT) 0 0 0 0 0 Interest Income 0 0 0 142,000 142,000 IRC-Impact Fees 0 135,000 135~{}00 0- 135,000 Other Transportation Rev 0 II 0' 7,632 7,632 ~Appropr from PY Surplus 0 1,937,775 1,937.775 0 1,937,775 Total 0 2,170,775 2,170,775 149,632 2,320,407 Interfund Trfr fi- 001 (GF) - accounts for the amount of 8th Cent Motor Fuel Tax which was appropriated for Transportation Projects in the Capital Improvement Budget. Interest Income - accounts for the amount of interest forecasted to be earned on the Paving Loan funds currently invested until used. IRC Impact Fees - accounts for funds pledged by Indian River County for improvements identified in the Capital Improvement Budget. Other Transportation Revenue - accounts for funds received in February from a State lawsuit settlement and remitted back to the local governments with the stipulation that the funds must be spent on transportation related projects. Appropriation from PY Surplus - accounts for the designated amount to be carded over from the General Fund Designated Fund Balance. This amount includes the Paving Loan funds. .~xpendituresi Capital Projects Fund: Transportation CAPITAL OUTLAY UNDESIGNATED BUDGET SURPLUS 1998-99 RECOMMENDED 1998-99 RECOMMENDED BUDGET CHANGES IIUDGET CHANGES 0 2,160,775 2,160,775 0 10,000 10,000' 149,632' Total 0 2,170,775 2.170,775 149,632 Capital Outlay - accounts for transportation type projects identified in the Capital Improvement Budget. Undesignated Budget Surplus - accounts for the recommended amount of interest earned and the funds received fi.om the State litigation settlement. Even though the forecasted interest is in an undesignated account, it is recommended that the interest earned be applied to the Paving project. ANALYSIS OF THE GOLF COURSE FUND Revenues: .......................ORIGINAL .... AI~D .... ~VISED ..... 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Golf Course Fund BUDGET CHANGES BUDGET CHANGES BUDGET Greens Fees 400,000 0 400,000 5,000 405,000 Cart Rentals 610,000 0 610,000 20,000 630,000 Driving Range 47,000 0 47,0(10 (4,000)' 43,000' Membership Fees -- 134,00¢)- 0 13,i,000 (1,000)~ 133,000 Other Fees and Sales 59,762 0 59,762 9,228 68,990 Non-Operating Revenue ' 27,000~ 176,825 203,825 (27,118)' 176,707 Total 1,277,762 176,825 1,454,587 2,110 1,456,697 Greens Fees - accounts for recommended increase of $5,000 based upon forecasts of prior years. Currently greens fees are 72% of budget received, a 5% increase over the prior year, or $26,763. REViSEi~~ ' 1998-99 BUDGET 2,160,775 159,632 2,320,407 I I I I I I I I I I I I I Cart Rentals - accounts for a recommended increase of $20,000 and is based upon the increases in Greens Fees. Cart Rentals are 66% of budget received, a 4% increase over the prior year, or $33,265. Driving Range - accounts for a recommended decrease of $4,000 and is due to a problem with the ball dispenser machine which has subsequently been replaced. Membership Fees - accounts for a recommended decrease of $1,000. Membership fees are at 99.3% of budget received with no other fees forecasted for the remainder of the fiscal year. Other Fees and Sales - accounts for recommended increases in Club Storage of $150, Initiation Fees of $1,200, Membership Fees of $48, Resident Card Fees of $500, Non- Taxable Sales of $5,000, Sales Tax Commissions of $40, and Liquor Commissions of $2,500. Decreases are forecasted for Reimbursement-Driving Range of $210 for a net increase of $9,228. Non-Operating Revenue - accounts for an increase in Unappropriated PY Surplus for the budget shortfall incurred for not budgeting capital expenditures and principal debt service and budgeting depreciation, net amount is $176,825. In addition, the net amount from the Adjusted Budget and the Revised Budget is a decrease of $27,118 and is comprised of a decrease in Unappropriated PY Retained Earnings and a forecasted increase in Interest Earned of $26,100. NET RECOMMENDED INCREASE (ALL RECOMMENDED CHANGES) TO THE GOLF COURSE REVENUE $331,935 (this includes the Intrafund Transfer to the Golf Course Capital Projects Fund of $153,000.) Administratio~nd Pro Shop ExPend~ture.s.,' Golf Course: Admlnlatraflve PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY DEBT SERVICE NON-OPERATING EXPENSES ORIGINAL A*~i~'~DED .... ADJUSTED 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 RECOMMENDED BUDGET C}L'tNGES BUDGET CIIA~NGES BUDGET CHANGES 139,585 ' 0 139,585 0- 139,585 0 343.760 0 343.760 -(108.675) 235.085 41.469 0 0 0 2.500 2.500 31.400 102.650 0 102.650 105.000 207.650 0 20.000 66.167 86.167 ' 0 86.167 (72.869) 466,410 66,167 532,577 (I.17~ 531,402 0 Total Operating Expenditures - accounts for a recommended decrease in budgeted depreciation of $108,673, a non-cash item. In addition, recommended increases for the Golf Pro of $750, Electricity of $5,000, and Airport Rent of $39,019. Recommended decreases are Telephone of $2,800, Small Tools/Equip/Furn of $500. The increase recommended for the Airport Kent is the result of an analysis prepared to determine whether the Consumer Price Index used to increase the rent three years ago was correct. The analysis showed that the Golf Course underpaid its rent to the Airport for its REVISED 1998-99 BUDGET 139.~s~ 276.554 33.900' 207.650 13.298 531,402 use of the land by $39,019 to date. It is recommended that this amount be amortized over the remaining six months of the fiscal year and then use the correct amount for the next fiscal year. Capital Outlay - accounts for recommended increases in Improvements of $1,400 and Machinery and Equipment of $30,000. The increase to Machinery and Equipment is for the Y2K upgrade to all computer systems, sot~ware upgrades to Y2K and a wireless antenna array for the Golf Course to be tied into the Citywide computer network. Debt Service - accounts for the recommended addition of the principal amount of the Debt Service which is a cash item and should be budgeted from current revenues. Non-Operating Expenses - accounts for the amount to balance the budget which was allocated to the Undistributed Account and a decrease of the Undistributed Account of $72, 869. Greens and Maintenance ORIGINAL ADJUSTED REVISED Golf Course: 1998-99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Greens and Maintenance BUDGET CHANGES BUDGET CHANGES BUDGET OPERATING EXPENDITURES 513,120- 178,000 691,120 (150,890) 540,230 NON-OPERATING EXPENSES ' 0 0 0 i 53,000 153,000 Total 513,120 178,000 691,120 2,110 693,230 Operating Expenditures - account for the unbudgeted capital outlay of $178,000 and the recommended increases in Other Contractual Services of $110 and Miscellaneous of $2,000. This also includes reclassifying the Capital Improvements to an established Golf Course Capital Projects Fund - see next. The net change to the division is $2,110. Non-Operating Expenses - account for the intrafund transfer to the Golf Course Capital ' Projects Fund of the funds designated for the capital improvements. Golf Course Capital Projects Fund .~xpendiLu_r,e.s: .... ~'~iCIN'~L ....... ~sve0 -' ~EV]S£D ~if Course: 1998-99 RECOMME~ED 1998-99 RECOM~ED 1998-99 Capital Project~ B~GET CH~GES B~GET C~GES B~GET C~ OI ~AY 0 0 0 i 53.0~ 153,000 Total 0 153,000 153,000 Capital Outlay - accounts for those projects designated as Capital Improvements and are funded by Intrafund Transfers from Golf Course Revenue. NET KECOMMENDED INCREASE (ALL KECOMMENDED CHANGES) TO THE ~~GOLF COURSE EXPENSES AND CAPITAL PROJECTS $331,935. ANALYSIS OF THE AIRPORT FUND Airport Airport Fund Rents & Royalties Other Miscellaneous Revenue Non-Operating Revenue ORIGINAL' AD~$~D REVISED 1998-99 1998-99 RECOMMENDED 1998-99 BUDGET BUDGET CHANGES BUDGET - 78,130 78,131) 39,019 117,149' 3,075 3,1175 0 3,1)75 15,701) 15,700 (13)00) 14,700 Total 96.905 96,905 38.019 134,924 Rents and Royalties - accounts for a recommended increase in the rents due from the Golf Course Fund. An error made in the calculation of the rents based upon CPI data results in three and one-half years of uncollected rents. It is recommended that this amount be amortized over the remaining six months of the fiscal year and begin the new fiscal year with the correct amount. Non-Operating Revenue '- accounts for a recommended decrease in Interest Earned of $1,000. NET RECOMMENDED INCREASE (ALL RECOh&MENDED CHANGES) TO TI-[E AIRPORT FUND REVENUE $95,384 (this includes the Intrafund Transfer amount to the Airport Capital Projects Fund of $57,365.) ~Afi.',.rport Expenses: ORIgiNAL .... ASi'~NDEI) ADJUSTED Airport: 1998-99 RECOMMENDEI) 1998-99 RECOMMENDED 1998-99 RECOMMENDED Adminiatrative BUDGET CIIANGES BUDGET CHANGES BUDGET CHANGES PERSONAL SERVICES 20.035 0 20.035 0 20.{135 0 OPERATING EXPENDITURES 67.870 0 67.870 (50.000)-17.870 0- CAPITAL OI. rrLAY 0 0 0- 57.365 57.365 (57.365)- ~OTHER 0 9.000 9.000 (7.365) 1.63~' 38.019 INTIL~I.~D TRANSFERS 0 0 0 0 0 57.365~ Total 96.905 38,019 Operating Expenses - accounts for the recommended decrease in budgeted depreciation, a non-cash item. Capital Outlay - Recommended reclassification to Interfund Transfers for funding Capital Projects in an established Airport Capital Projects Fund. Other - accounts for the recommended net increase in the Undistributed Account for the amount used to balance the Airport Fund, the decrease to balance the fund for decreasing Operating Expenses for depreciation and increasing Capital Outlay for unbudgeted capital projects and for the net increase in revenue. REVISED 1998-99 BUDGET 20,035 17.870 0 39.654 57,365 134,924 Airport Capital Pro'ects' ORIGINAL Airport: 1998-99 RECOMMENDED Capital Projects BUDGET CHANGES CAPITAL OIYrLAY 0 57,365 REVISED 1998-99 BUDGET 57,365 Total 57,365 57,365 Capital Outlay - accounts for the Airport Capital Outlay transferred to the Airport Capital Projects Fund. Funding will be provided by the Intrafund Transfer from Airport Revenue. NET RECOMMENDED INCREASE (ALL RECOMMENDED CHANGES) TO THE AIRPORT FUND EXPENSES AND CAPITAL PROSECTS $95,384 (this includes the reclassification of Airport Capital Projects as an intrafund transfer to the Airport Projects Fund.) ANALYSIS OF TRUST FUNDS Public S~.fety Employees Welfare Trust Fund Revenues: Trust Fund: ORIGINAL AMENDED ADJUSTED REVISED Public Safety Employees 1998-99 RECOMMENDED 199~99 RECOMMENDED 1998-99 RECOMMENDED 1998-99 Welfare Trust Fund BUDGET CHANGES BUDGET CHANGES BUDGET CHANGES BUDGET Other Revenue 1.200' 0 1,200-- 0' 1,200 0 1.200 Non-Operating Revenue 0'- 2.000 2.000 0-- 2.000' 0 2.000 Total 1,200 2,000 3,200 0 3,200 0 3,200 Non-Operating Revenue - accounts for the recommended balancing of the Trust Fu~nd and allocates the balancing amount of $2,000 to the Appropriated Prior Year Fund' Balance/Surplus. NET RECOMMENDED INCREASE (ALL RECOMMENDED CHANGES) TO THE PUBLIC SAFETY EMPLOYEES WELFARE TRUST FUND $2,000. 1 City of Sebastian ~^~ s~_~ [] s~^s~^~, ~oa~a^ City of Sebastian, Florida Subject: No Parking Resolution R-99-25 Agenda No. ~ ~)~ Approved for Submittal by: John Van Antwerp, interim City Manager Exhibits: Resolution R-99-25, No Parking Department Ori~P~~ Chief Randy White Date Submitted: 04/20/99 For Agenda of: 04/28/99 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY We would like to establish broader "no parking" (or "restricted parking") zones within the City of Sebastian on the right-of-way on the east side of Indian River Drive. These additional parking restrictions are needed due to the recent improvements made to Indian River Drive such as the sidewalk and the new benches to be installed. There is insufficient space for cars parking between the road and the sidewalk which would make such parking dangerous to pedestrians and vehicles on Indian River Drive. RECONLM]~NDED ACTION Move to approve Resolution R-99-25 authorizing the new parking resections on the cast side of Indian River Drive. -. RESOLUTION NO. R-99-25 A RESOLUTION OF TI-IE CiTY COUNCIL OF TI-IE CITY O1~ SEBASTIAN, INDIAN RiVER COUNTY, FLORiDA, REPEALING RESOLUTION NO. R-97-67, ESTABLiSHiNG 'NO PARKING ON THE EAST SIDE OF iNDIAN RIVER DRIVE' PURSUANT TO 0-97-55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 0-97-67 authorizes the City Council, by Resolution, to establish "no parking" (or "restricted parking") zones within the City of Sebastian; and WHEREAS, the City Council on March 11, 1998, adopted Resolution No. 97-67 establishing restrictions on a limited portion of the east side of thc Indian River Drive right- of-way; and WI-IEREAS, the City Council has determined to modify the area along Indian River Drive where parking should be restricted; and WHEREAS, the City Council finds that it is in the best interest of its citizens to establish broader "no parking" (or "restricted parking") zones than previously restricted within the City of Sebastian, as provided herein, in furtherance of the public health, safety and welfare. NOW, THEREFORE, BE iT RESOLVED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: The City council hereby repeals Resolution R-97-67. Section 2: The City Council hereby establishes "no parldng" (or "restricted parking") zones within the boundaries of the City of Sebastian as illustrated in Exhibit "A", which is attached hereto and incorporated herein by the reference. As provided in the City of Sebastian Code of Ordinances, it shall be unlawful for any person to park, store or leave any motor vehicle in the designated "no parking" zone. Section 3: The City Manager is hereby authorized to take the appropriate steps, including the placement of appropriate signage, to carry out the directives set forth herein. Section 4: If any, section or other part or application of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the' section or part of a sectiOn so held to be invalid or unconstitutional. Section 5: This resolution shall prevail over all other Resolutions which are in conflict with this Resolution. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6: by The foregoing Resolution was moved for adoption . The motion was seconded by Councilmember being put into a vote, the vote was as follows: Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. Councilmember and, upon I I I I I I I I I I I I I I The Mayor thereupon declared this Resolution duly passed and adopted this ,1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Martha S. Wininger Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney day of EXHIBIT "A" PROHIBITED PARKING FOR A PORTION OF THE RIGHT-OF-WAY FOR FOR iNDIAN RIVER DRIVE All parking within the right-of-way east of the east edge of pavement of Indian River Drive lYing between the south City limit to 530 feet south of the north City limit. I I i I I I I I I I I I I I I I I i I City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SUBJECT: Resolution No. R-99-26 APPROVED FOR SUBMITTAL: AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: EXHIBITS:" Expenditure Required: I Amount Budgeted: Human Re~ourqea Q_4/21/99 Q4/28/9~} Memorandum of Understanding Communication Workers of America Articles 4, 10, 11, 12, 14, 15, and 17 Exhibit "A", "B", "C", "D', "E", "F",. and "G' IAppropriatiou Required: SUMMARY STATEMENT Attached are seven Memorandums of Understanding pertaining to the Collective Bargaining Agreement by and between the City of Sebastian and the Communication Workers of America. EXHIBIT "A" - DUES DEDUCTION Article 4, Section 1 - The City and the Bargaining Unit agree to change the use of the werd "Union" to that of "Bargaining Unit". EXHIBIT "B" - MISCELLANEOUS P.MD LEAVE Article I0, Section 8, Paragraph (b) - The City and the Bargaining Unit agree to change the part-time personal leave from the formula of"their regularly scheduled hours bi-weekly divided by 10" to that of three (3) days of personal leave per year at one-half thc rate of a regular full-time employee ,n four (4) hours. Add wording: Temporary. and seasonal employees are not eligible for sick leave. Part-time employees working less than twenty (20) hours per week are not eligible for leave benefits. I I EXHIBIT "C' - SiCK LEAVE Article 11, Section 2 & 3, Paragraph (a) & (b) - (a) The City and the Bargaining Unit agree to change I the b i-weekly accrual of sick leave fi'om a twenty-four (24) pay.p eriod to that o f a twen ty- si x ( 26) pay period accrual. Part-time employees will accrue sick leave based on a twenty (201 hour Work week. This is one half the accrual rate of a full-time employee. Add wordin~ Temporary and I seasonal employees are not eligible for sick leave. Part]t,i~,,e employees working less than twenty (20) hours per week are not eligible for sick leave. Exhibit C shows the accrual table. (b) - C. hangc thc wording fi-om more than 5 days to that of five (5) consecutive days or longer. I EXHIBIT "D" - ANNUAL LEAVE Article 12, Section 2, Paragraph (a) - The City and the Bargaining Unit agree the bi-weekly annual i leave will b,e'divided over a twenty-six (26) pay period instead of the current division of twenty-four (24) pay periOd.' EXhibit"D" will show the accrual table. Part-time employees who work twenty (20) hours or more per week will accrue annual leave based on a twenty (20) hour work week. Add I wording: Temporary and seasonal employees are not eligible for annual leave benefits. Part-time employees working less than twenty (20) hours per week are not eligible for annual leave benefits. I EXHIBIT "E" - HOLIDAYS '. Article 14, Section 4 - The City and the Bargaining Unit agree the accrual of holldays for part-time employees will not be pro-rated on hours work but will be four (4) hours and ~; i, ll be co~nputed ~t I one-half the rate of a regular full-time employee. Add wording: Temporary and seasonal ta'nployees are not eligible for holiday leave time. Part-time employees working less than twenty (20) hours per I week are not eligible for holiday leave benefits. EXHIBIT "F" - PROMOTIONS, TRANSFERS and ADJUSTMENTS " I Article 15, Section 1 - The City and the Bargaining Unit agree that in-house advertising &vacant positions will change from three (3)days to ten (10) days. I EXItIBIT "G" - RETIREMENT CONTRIBUTION ' Article 17, Section 1 - The City and the Bargaining Unit agree t,o add the wording: employer shall contribute "an mount equivalent to" 6% percent of an employee s "annual gross" earnings. "The six i (6%) percent contribution will be in addition to the employee's annual gross earnings. This benefit will be prorated and paid bi-weekly over twenty-six (26) pay periods. Only rel,mlar full-time employees are eligible for inclusion in the deferred compensation program. New employees are eligible for entxy into this program as of the first day of the next full pay period following sixty (60) days fi-om their date of hire." This wording will be followed throughout the contract for October I. I 1999 and October 1, 2000 contracts. RECOMMENDATION Move to approve the seven rewritten articles (Article 4, I0, 12, 14, 15 and 17 ) on the Collective I Bargaining Agreement by and between the City of Sebastian and the Communication Workers of America, changing and adding wording for contract clarification. I RESOLUTION NO. R-99~26 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATION WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHAxNGES OF SUCH WORDING iN DUES DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to adopt wt>rd additions and changes to Article 4, I0, 11, 12, 14, 15 and 17 to provide contract clarification. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian. Indian River County, Florida, as follows: $]~C.TI.ON 1. Thc Memorandums of Understanding attached hereto as Exhibit "A", "B", "C", "D", "E", "F" and "G" are hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of the Mcmoraudums of Understanding to the Mayor and members of the City Council, City Manager and all department heads for inclusion in the Collective Bargaining A?eement for the City and the Communication Workers of America. The City Clerk shall note the number and date of this Resolution on said Memorandums of Understanding. SECTION 3_. All Resolutions or parts of Resolutions in conflict herewith arc hcrcby rcpcalcd. SECTION 4. This Resolution shall take effect immediately upon its adoption. ' I Thc foregoing Resolution was moved for adoption by Councilmember ~ I The motion was seconded by Councilmember and, upon being lint to a vote, I the vote was as follows: I Mayor Martha S. Wininger I Vice-Mayor Chuck Neuberger Councilmember Joe Barczuk I Councilmember Ben A. Bishop Councilmember Edward J. Majcher The Mayor thereupon declared this Resolution duly passed and adopted this day I of ,1999. I CITY OF SEBASTIAN, FLORIDA I By: ATTEST: Martha S. Wininger, Mayor I Kathryn M. O'Halloran, CMC/AAE City Clerk I (Seal) i Approved as to Form and Content: i Richard Stringer, Attorney I ! I I City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 KXHIBIT "A" ARTICLE 4 - DUES DEDUCTION This Memorandum of Understanding pertains to the Collective Bargaining Ag,'cemtmt by an,J between the City of Sebastian and the Communication Workers of America Union Local 3180. It is understood and agreed as follows: I I I The City and the Bargaining Unit a~ee under Article 4, Section 1, upon receipt of a stipulated lawfully-executed Assignment of Wages/Dues Deduction form, attached as Appendix B, from an employee, the Employer agrees to deduct the regular dues of the Bargaining Unit fi'om the employee's pay (se~ Such dues will be remitted monthly to the Secretary-Treasurer (,~' the Bargaining Unit.~r'n~-Ba~ning Unit agrees to notify the Employer, in writing, at least thirt.~ (30) days prior to the effective date of any changes in the regular dues structure. I I I I Dated this 7~th day of March 1999. Steph.~ DiTrapapo, Vic~ President Onion Representative ~~ources Y'okn VanAntwerp, tnterini City Manager I I I I I City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 I TELEPHONE (561) 589-5330 n FAX (561) 589-5570 I ARTICLE 10 - MISCELLANEOUS PAID .LEAVI~ I This Memorandum of Understanding pertains t.o the Collective Bargaining Agreement by and between the City of Sebastian and the Commumcation Workers of America [hHon Local 3180. I It is understood and agreed as follows: The City and the Bargaining Unit agree under Article 10, Sect'on , Paragrapl~ (b), all regular part- I time employees shall receive three (3) days of personal leave per year which can be used as a floating'- holiday. Personal leave days will be computed at one-half the rat~ ora regular full-time employee four (4) hours. Such leave is subject to Department Head approval. ' I Eligibility: ' A. Temporary and seasonal employees are not eligible for personal leave. I B. ~ea~n~t~s~ employees working less than twenty (20)hours per week are not eligible for leax;e I Dated this ~th day of March 1999. , . , Tr ident i s __ '- /Lffme,~~, ~Jnion Representative John VanAntwerp, ,ntedm City Manager I I I I City of Sebastian I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 ARTICLJg_LL- SICK LEAVI~ EXMIBIT "C" This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between the City of Sebastian and the Communication Workers of America Union Local 3180. It is understood and agreed as follows: The City and the Bargaining Unit agree under Article 11, Section 2, Paragraph (a), only regular full- time and part-time employees are eligible to accrue sick leave. Regular full-time employees will accrue sick leave at the rate of ninety-six (96) hours per calendar year. Regular pan-time employees. will accrue sick leave at the rate of forty-eight (48) hours per calendar year. Sick leave will accrue bi-weekly over twenty-six (26) pay periods. Pm-time employees will accrue sick leave based on a twenty (20) hour work week. This is at one-half the accrual rate of a full-time employee. Pan-time employees working less than twenty (20) hours per week are not eligible to accrue sick leave benefits. To clarify the rate at which an employee accrues sick leave the following tables will be used. Eligibility: A. Temporary and seasonal employees are not eligible for sick leave benefits. B. New employees start to earn sick leave from their date of hire. Ta~ble #1: Full Time E.rllployees Lqnglh of Servi~q. Bi-weekly Sick Leave Accrual Rate Hours_Earned 1 Year but less than 5 Years 5 Years but less than 10 years 10 years but less than 20 Years 20 years and over 3.692 hours 3.692 hours 3.692 hours 3.692 hours 96 hours (12 working days) 96 hours (12 working days) 96 hours (12 working days) 96 hours (12 working days) Table #2 part-Time Emplo~tees E~9IBIT "C" Continued Length of' Serv~ Bi-weekly ~,~Crg~l Rate Annual Leave Hg..u r s .Earned 1 Year but less than 5 years 1,846 hours 5 Years but less than 10 Years 1,846 hours 10 Years but leto than 20 Years 1,846 hours 20 Years and over 1.846 hours 48 hour.s 48 48 hours 48 hours Article l lLSe~;tion 3~Paragrai:}h (a): The City and the Bargaining Unit agree under Article 11, Section 3, paragraph (a) that the item should read as follows: : (a) An employee who is incapacitated and unable to work shall notify hi:~/her immediate supervisor or designee within one (1) hour prior to his/her scheduled reporting time, except in an emergency situation. The employee shall state the nature of his/her incapacitation, its expected duration, and the expected period of absence. The employee shall repeat this procedure each day he/she is unable to report for work, unless excused by the Department Head. Article 11. Section 3, P~r. ograillt The City and the Bargaining Unit agree under Article 11, Section 3, paragraph Co) that the item should read as follows: CO) If an employee is absent from work for five (5) consecutive days or longer due to an illness, the employee must submit a doctors note to the Department Head, or his/her designee, attesting to the employees ability to return to work with or without restrictions. Dated this ~(th day of March 1999. pano, Vi& President Ernest,(,O'~}~r, Union Representative ¢~folm VanAntwerp, Interim City h lanager I I I I I I I I I I I I I I I I I I I City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~3 FAX (561) 589-5570 EXHIBIT "D" ARTICLE 12 - ANNUAL LI~AVI~ This Memorandum of Understanding pertains to the Collective Bargaining Agreement by between the City of Sebastian and the Communication Workers of America Union Local 3180. It is understood and agreed as follows: The City and the Bargaining Unit agree under Article 12, Section 2, Paragraph (a), annual leave is earned on a pro-rata basis. The bi-weekly pay period is dMded over twenty six (26) pay periods.. Full-time employees will accrue annual leave based on their years of service with the agency. The accrual rate for part-time employees will be at one-half the accrual rate of a full time eml,lvyee with' the same number of years of service. Pm-time employees who work twenty (20) hours er more per week will accrue annual leave based on a twenty (20) hour-work week. (see rate schedule below). To clarify the rate at which an employee accrues annual leave the following tables will be used. Eligibility: A. Temporary and seasonal employees are not eligible for annual leave benefits. Pm-time employees working less than twenty (20) hours per week are not eligible for. annual leave benefits. Table # 12 l~ull Time Employ~et Length of Service Bi-weekly Accrual Rate Annual Leave Hours Earned 1 Year but less than 5 Years 5 Years but less than 10 Years 10 Years but less than 20 Years 20 Years and over 3.077 hours 4.615 hours 6.15 hours 7.69 .hours 80 hours (10 working days l 120 hours (15 working days) 160 hours (20 working days) 200 hours (25 working days) Table g2 Part-Time Employees Lqllgth of Service 1 Year but less than 5 years 5 Years but less than 10 Years 10 Years but less than 20 Years 20 Years and over Dat. ed this Z~th day ofMarch, h..[1999. ~T/ap~ano[ V~ic ~ President Ernest q[d0Der, Union Representative Bi-weekly AccmaLRate 1.54 hours 2.31 hours 3.07 hour's 3.85 hours EXtIIBIT Continued Annual Leave Hours Earned 40 hours 60 hours 80 hours 100 hours ~~m~~~K urces" o~M VanAntwerp, InteriOrity Manager I I I I I I i I I I I i City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 EXHIBIT "E" ARTICLE 14 - HOLIDAYS This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between the City of Sebastian and the Communication Workers of America Union Local 3130. It is understood and agreed as follows: The City and the Bargaining Unit agree that under Article 14, Section 4, for holiday purposes, a holiday is defined as eight (8) hours for full-time employees and four (4) hours for part-tim.e employees. Holiday time for part-time employees will be computed at one-half the rate of a regular full-time employee who works an eight (8) hour day. Eligibili~; A. Temporary and seasonal employees are not eligible for holiday leave time. Part-time employees working less than twenty (20) hours per week are not eligible for holid&y leave benefits. Dated this 2~th day of MarCh 1999. R/ch Sarnci~w/cz, Directo~ ~fHuma~)esources a twerp, Interifn City Manager i City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 ARTIC.~LE 15 - pRoMoTIONS, TRANSFERS and A~.IUSTMI~NT$ This Memorandum of Understanding pertains to the Collective Bargaining ~ greement by and between the City of Sebastian and the Communication Workers of America [lllion Local 3180. It is understood and agreed as follows: Article 15, Section 1, states an employee who fi~lfills all applicable requirements /bt anoth~]-' classification with a higher rate of pay may be promoted to that position. Vacancies in position} above the lowest rank in any classification will be filled, as far as practicable, by the promotion of current employees. To this end, all promotional opportune'es will be advertised in-house for ten (10). days. No employee whose last performance rating was less than satisfactory is eligible for promotion. Dated this ~ th day of March 1999. Ernes~G~lfier, Union Representative ~ich Samole¢ficz, Dire~zg~ofHUman l,.~ources I I I I I I I I I I I I I I I City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 EXHIBIT "G" ARTICLE 17 - RETiREMFaN_T CONTRIBUTION This Memorandum of Understanding pertains to the Collective Bargaining Agree~neut by a~sd between the City of Sebastian and the Communication Workers of America Union Local 3180. It is understood and agreed as follows: The City and the Bargaining Unit agree under Article 17, Section 1, Effective October 1, 1998, the employer shall contribute an amount equivalent to six (6%) percent of an employee's annual gross earnings into a deferred compensation program offered bv the City. The six (6%) percent contribution will be in addition to the employee's annual gross earnings. This benefit will be prorated and paid bi-weekly over twenty-six (26) pay periods. Effective October 1, 1999, the employer shall contribute an amount equivalent to seven and one-half (7 1/2%) percent of an employee's annual gross earnings into a deferred compensation progr,'im offered by the City. The seven and one-half(7 1/2%) percent contribution will be in addition to the employee's annual gross earnings. This benefit will be prorated and paid bi-weekly over twenty-six (26) pay periods. Effective October 1, 2000, the employer shall contribute an amount equivalent to nine (9%) Percent of an employee's annual gross earnings into a deferred compensation program offered by the City. The nine (9%) percent contribution will be in addition to the employee's annual gross earnings. This benefit will be prorated and paid bi-weekly over twenty-six (26) pay periods. Eligibility: Only regular full-time employees are eligible for inclusion in the defL.'rred cvmpcnsation program. New employees are eli~ble for entry into this program as of the first day of the next full pay period following sixty (60) days from their date of hire. The City and the Bargaining Unit agree to reopen this Article for the purpose of reviewing and evaluating the possibility of changing this benefit plan prior to December 31, 1999. I Memo of Understanding Article 17 - Retirement Contribution I Page 2 Dated this 2-4"th day of March 1999. I StephehDiTral~ano, VicetPresident 'c ~amo eV;~cz, DirectorofHum~:p~esources Lt/rnest Ge~et, Union Representative ~John VanAntwerp, Intei'im City Manager I I I I I 1 i I I i City of Sebastian i 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SUBJECT: Resolution No. R-99-27 APPROVED FOR SUBMITTAL: IExpenditure Required: AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: EXHIBITS: Amount Budgeted: Human Resoj,trces 04/21/99 04/22.8/99__ Memorandum of Understanding Coastal Florida Police Benevolent Association, Inc. Articles 20 & 21 Exhibit "A" and Exhibit "B" Appropriation Required: SUMMARY STATEMENT Attached are two Memorandums of Understanding pertaining to the Collective Bargaining Agreement by and between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc. Article 20, Section 2, Paragraph (a) - Annual leave is earned on a pro-rata bi-weekly basis. 'The bi- weekly pay period is divided over twenty-six (26) pay periods instead of the current division of twenty-four (24) pay periods. Exhibit "A" will display the new accrual table. Article 21, Section 2, Paragraph (a) - Regular full-time employees will accrue sick leave at the rate of ninety-six (96) hours per calendar year. Sick leave will accrue bi-weekly over twcnty~six (26) pa)' periods instead of the current accrual of twenty-four (24) pay periods. Exhibit "B" will display the new accrual table. RECOMMENDATIQN Move to approve the two rewritten articles (Article 20 and Article 21) on the Collective Bargaining Agreement by and between the City of Sebastian and the Coastal Florida l~olizc Benevolent Association, Inc., changing the division of sick and vacation accrual from a division of twenty-four (24) pay period to a division of a twenty-six (26) pay period. I I I I I i i I I I I i I I I I , I , ! RESOLUTION NO. R-99-27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.; PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desirc:~ to adopt changes to the accrual rates for annual leave and sick leave which is currently provided on a twcnty-fi~ur Pay period division to a twenty-six pay period division NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The Memorandums of Understanding attached hereto as Extnbit "A" and Exhibit "B" are hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of the Memorandums of Understanding to the Mayor and members of the City Council, City Manager and all department heads for inclusion in the Collective Bargaining Agreement for the City and the Coastal Florida Police Benevolent Association, Inc. The City Clerk shall note the number and date of this Resolution on said Memorandums of Understanding. SECTION 3. All Resolutions or parts of Resolutions in conflict hcrcwith arc hercby rcpcalcd. SECTIQ314, This Resolution shall take effect immediately upon its adoption. 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 Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczuk Councilmember Ben A. Bishop Councilmember Edward J. Majcher The Mayor thereupon declared this Resolution duly passed and adopted this of. ,1999. day CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O I~Ialloran, CMC/AAE City Clerk By:_ Martha S. Wininger, Mayor (Seal) Approved as to Form and Content: Richard Stringer, Attorney I i I I I I i I I i I I I I I I I I City of Sebastian 32958 This Memorandum Agreement by and between the City of Association, Inc. It is understood and agreed as follows: The City and the Bargaining Unit agree under Article 20, Section 2, Paragraph (a), annual leave is earned on a pro-mm bi-weekly basis. The bi-weekly pay period is divided over twenty six (26) pay periods. Full-time employees will accrue annual leave based on their years of service with the agency. To clarify the rate at which an employee accrues annual leave the following tables will be used. Eligibility: A. Only regular full-time employees are eligible for paid annual leave benefits. Table #1: , Cor~finUom Unbroken L.~av~: Length of S~rvice Bi-weekly Annual Leave Accrual gate Hours Eamecl 1 Year but less than 5 Years 3.077 hours 80 hours 5 Years but less than 10 Years 4.61~5 hours 120 hours 10 Years but less than 20 Years 6.15.~ hours 160 hours Dated this ~ st day of April 1999. ~ ~ch Samole(vicz, Director ofI-Iuman R~ces St ee~.~arc'mik, PBA~Representative ~'John Vama~ntwerp, Interim ~ity Manager City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 I TELEPHONE (561) 589-5330 n FAX (561) 589-5570 ARTLCLE 21 - SICK LEAV~ This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc. It is understood and agreed as follows: ! I The City and the Bargaining Unit agree under Article 21, Section 2, Paragraph (a), Regular full-time employees will accrue sick leave at the rate of ninety-six (96) hours per calendar year. Sick leave will accrue bi-weekly over twenty-six (26) pay periods. To clarify the rate at which an employee accrues sick leave the following tables will be used. ' Iable ~.1' ]~ull Time Employees Length of Service 1 Year but less than 5 Years 5 Years ~Ut leS.s than 10 years 10 years but less than 20 Years 20 years and over Bi-weekly &ccrual Rate 3.692 hours 3.692 hours 3.692 hours 3.692 hours Sick Leave Hgl~rs Earned 96 hours (12 working days) 96 hours (12 working days) 96 hours (12 working days) 96 hours (12 working days) Dated this. [ st day of April 1999. Steve~9~v~arcinik, Un~n Representative ~w/~man R~s erp, lmter~m City Manager I i I I I I I I I I i I I I I I I I I City of Sebastian, Florida Subject: Resolution No. R~99-29 Amending R-96-62 - List of Tested Trades Approved for Submittal by: Exhibits: 1) R-99-29 EXPENDITURE REQUIRED: None Agenda No. ~'09q Department Origin: Building Department/~ (G}~) .- Date Submitted: 4/22/99 For Agenda of: 4/28/99 2) Minutes from the Construction Board Meeting held 12/8/98 AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY This is to add Unlimited Master Electrician to the tested trade list. The passage of this test will enable an electrical contractor to also do alarm systems. RECOMMENDED ACTION Adopt Resolution No. R-99-29. RESOLUTION NO. R-99-29 A RESOLUTION OF TRE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ~ LIST OF TESTED TRADE TO INCLUDE UNLIMITED MASTER ELECTRICIAN; ESTABLISHING TERMS THEREFORE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WI~REAS, the Construction Licensing Board of the City of Sebastian is responsible for the certification of trades pursuant to Chapter 26 of the Code; and WHF~REAS, said Board has adopted a list of trades which are tested and/or licensed or permitted; and WHEREAS, said Baard has submitted for Council approval the inclusion of the Florida Unlimited Master Electrician Examination on the list of tested trades; and WHEREAS, thc City has determined that it is in the interest of the citizens to authorize said tested trade. NOW ~THF. ~REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, aS follows: Section 1. APPROVAL OF AMENDMENT. The City Council of the City of Sebastian hereby approves amendment of the list of tested trade as adopted pursuant to l~esolution 1~-96-62 to include the Florida Unlimited Master Electrician Examination. Section 2. TERMS. The City hereby establishes the passing score for said examination at 75%. Further, said examination meets the City's testing requirements for business and law and, accordingly, no separate test shall be required for those subjects. Section 3. CONFLICTS. conflict herewith are hereby repealed. Section 4. upon its adoption. All resolutions or parts of resolutions in EFFECTIVE DATE. This resolution shall take effect immediately A motion to adopt the foregoing Resolution was made by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of April, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney CONSTRUCTION BOARD MINUTES OF REGULAR MEETING OF DECEMBER 8, 1998 The vote was 5 - 0. Motion carried. 2. Dully, David T.- Plumbing Mr. David T. Duffy, 505 22"d Court, Vero Beach, was present and was sworn in at 7:06 pm. Mr. Duffy noted that he will be the qualifier for Miranda Sales and Service in Fort Pierce, FL. MOTION by Hoidddge/Cecde I'd like to make a motion David T. Duffy be allowed to'take the plumbing exam. Roll call: Michael Holdddge - yes Thomas Cecde - yes Chron. Smith - yes Michael Herbig - yes Louis Nicolini - yes The vote was 5 - 0. Motion carded. BUILDING OFFICIAL MATTERS: Mr. Bonacci, Building Official, discussed the issue of the Flodda Unlimited Master Electrician examination by Block and Associates. He noted that this is a 6-hour, 2-part examination that includes business and law. He indicated that he recommends that this be made a category in Sebastian under the Construction Board. It was also noted that under this test, electrical contractors would be able to do alarm systems. Chmn. Smith noted that the motion should include the fact that the business and law is included in tt'iis test, and also indicate the passing score of 75%. Mr. Bonacci indicated that the City would like to begin offedng this examination by March 1, 1999, if this Board approves it. He indicated that the other elecbical tests will continue to be offered, and that this test is in addition to others already offered, for contractors who wish to install alarm systems. He also noted that this would include both fire and security alarms. MOTION by Cecrle/Holdddge i'd like to recommend to City Council that we would like to begin offedng the Flodda Unlimited Master Electrician Examination that also carries the part, which includes the alarm, fire alarm, burglar alarm portion and includes business and law, which is a six;hour test, we'd like to make that recommendation to Council, and that the separate business and law test is not required because it is included in this exam. CONSTRUCTION BOARD MINUTES OF REGULAR MEETING OF DECEMBER 8, 1998 Roll call: Thomas Cecile - yes Michael Holdddge - yes Michael Herbig - yes Chron. Smith - yes Louis Nicolini - yes The vote was 5 - 0. Motion carded. BOARD MA'i-rERS: Election of Chairman & Vice Chairman Nominations: Mr. Cecile nominated Jerald Smith for Chairman. Chmn. Smith closed nominations. Discussion: Mr. Nicolini asked if a Chairman can succeed himself, and it was noted that he can. As there were no other nominations, Mr. Jerald Smith was established as Chairman for one year. Chmn. Smith then opened nominations for Vice Chairman. Mr. Holdridge nominated Thomas Cecile for Vice Chairman. Chron. Smith dosed nominations. As there were no other nominations, Mr. Thomas Cecile was established as Vice Chairman for one year. There was some discussion on the issue of Mr. Ward's credit report. RECORD SCORES iN SCOREBOOK: Mr. Cecile and Mr. Nicolini recorded the scores in the scorebook. Chron. Smith adjourned the meeting at 7:28, and wished everyone a Happy HolidaY. (12/28~8 AB) I City of Sebastian, Florida Subject: Transportation Enhancement Project Request Approved for Submittal by: John Van Antwerp, Interim City Manager Agenda No. 7.~' Department Origin: Martha S. Campbell, P.E.,City Engineer Date Submitted: 4/19/1999 For Agenda of: 4/28/1999 Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Indian River County is currently accepting applications for transportation enhancement projects that would be funded by the federal Surface Transportation Program in FY 2002/03. An example of an enhancement project is the Indian River Drive Sidewalk that is currently under construction. Eligible projects include facilities for pedestrians and bicycles, scenic easement acquisition, landscaping and other scenic .beautification, historic preservation, control and removal of outdoor advertising, and environmental mitigation to address water pollution due to highway runoff. In reviewing the acceptance criteria along with the City's needs, the staff is recommending two possible projects: 1) Continuation of Barber Street sidewalk both to the north and to the south. Specifically, south from Schumann Dr to US1 and north from CR-512 to Hardee Park and 2) a scenic walkway with landscaped education trail at the proposed Riverview Park Expansion Site (Good Guys Property). If endorsed by the City Council, these projects will be reviewed by the County for consistency with FDOT requirements, will be prioritized by the M_PO and submitted to FDOT for review and ultimate approval. No match is required, however, the City must commit to maintain the project at its completion. The application is due to the County by April 30. RECOMMENDED ACTION Move to direct staff to prepare an application to the MPO for the continuation of Barber Street sidewalk south from Schumann Drive to US 1 and north from CR512 to Hardee Park, and for a scenic walkway with landscaped education trail at the proposed Riverview Park Expansion Site. I City of Sebastian i 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 City of Sebastian, Florida Agenda No. Subject: Annual Concrete Work Approved for Submittal by: John Van Antwerp, Interim City Manager Department Origin: Engineering/Public Works ~ Terry/~. Hill, Public Works Paul Wagne4~Purchasing Date Submitted: 4/16/99 For Agenda of: 4/28/99 Exhibits: Letter to sole bidder from Purchasing Agent & Phone quote three local vendors EXPENDITURE AMOUNT AVAILABLE APPROPRIATION REQUIRED: N/A BUDGETED: N/A BUDGET: N/A REQUIRED: N/A SUMblARY The Annual Concrete Work Bid was advertised twice with very little response. The first bid included installation of driveway culverts as well as concrete work and no bidders replied. The second advertisement was revised to include only concrete installation and one bidder replied. Unfortunately, the two local contractors who do work for the City were unable to respond to the bid as one was out of town and the other had some family medical problems. On July 13, 1998, we rejected the only bid fi.om the second advertisement due to costs and conditions. We would like therefore, to waive formal bidding procedures and have Regan Masonry sign a contract with the City for one year for concrete work at various locations throughout the City. We have been using Mr. Regan for some driveway repairs as needed and he has been able to accommodate our schedule and make the necessary repairs to driveways so that residents do not have to be inconvenienced for long periods of time. As you can see by the quotation sheet, Mr. Regan is the low bidder for work which requires pouring and finishing only with a price of $1.30 per sq. f~. and he has the same per sq. ft. price as another local vendor for work which also requires doing the fon-ning. City Procurement Ordinance requires purchasing in excess of $5,000 to be advertised under formal written sealed bid. RECOMMENDED ACTION Move to authorize staff to negotiate a signed contract with Regan Masonry for concrete work for one year and waive formal sealed bid procedures. ~ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 July 13, 1998 Mr. Russell E. Paschal, V.P. Colonna Construction Co., Inc. 1100 S. Powerline Road, Suite 110 Deeffield Beach, Florida 33442 Re: Annual Concrete Work Bid Dear Mr. Paschal: We appreciate your response to the Annual Concrete Work Bid. On July 8, 1998, the City Council decided to reject your bid on the basis that it was made conditional based on doing ten (10) driveways at one time in one location. Also your quoted pdce of $4.90 S.F. is considerably higher than the $1.70S.F. which we now enjoy, and is not in the best interest of the City and Taxpayers. We will keep your firm informed of future bids which you may qualify for. Sincerely, City of Sebastian Paul Wagner, A~gr./Purchasing Agent cc: Ms. Martha Campbell, P.E. I I I I i I I ~ I I I I I I I I I - 0 0 0 t~ O~ City of Sebastian, Florida Subject: Proposal/Golf Course Operation Approved for Submittal by: City Manage~.-' ,, _, Agenda No. -/'7, Department Origin: City Manager Date Submitted: April 20, 1999 For Agenda of: April 28, 1999 Exhibits: - Proposal - Golf Professional Services Agreement Between City of Sebastian and Patrick J. Cerjan effective March 5,1997 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A REQUIRED: SUMMARY The contract between Patrick Cerjan and the City of Sebastian will expire on July 13, 1999. In order for Mr. Cerjan to proceed with future planning, he has submitted a proposal for the City Council to review. Mr. Cerjan's proposal will allow him :to continue with the same type of operation at the Golf Course, with the stipulation that he be off of the premises during the summer months. During Mr. Cerjan's absence~ Greg Gardner will take over the duties of checking the daffy accounting and s.i~ing of payroll. All other decisions will continue to be made by Mr. Cerjan, via fax, telephone, e-mail on a daily basis. Mr. Cerjan proposes to hire, at his expense, an individual to assist Mr. Gardner during his absence. This individual' will answer directly to Mr. Gardner. Mr. Cerjan's current personal services relationship will be changed to a contract with a corporation owned by Mr. Patrick Cerjan with requirements for his personal involvement. RECOMMENDED ACTION To determine whether or not City Council is in agreement with Mr. Cerjan's proposal and if so, dkect the City Attorney to prepare a new contract with the appropriate changes as agreed upon. PROPOSAL PREPARED FOR SEBASTIAN CITY COUNCIL PATRICK J. CERJAN DIRECTOR OF GOLF PROPOSAL Overview I have been your Director of Golf Operations for the past four years. During this t/me the golf facility has grown substantially from the expansion of the junior golf program through a comprehensive maintenance schedule. The financial statement for 1998 includes a profit of $216,000.00. The 1st and 2nd quarter of the 1999 fiscal year seems to continue this trend.(please see revenue comparison) We have many projects scheduled over the next 5 years to help secure our place in the ever growing golf community of Indian River County. We have become a viable and credible entity in the community, we are no longer just an overflow club.(please see financial report) Over the past 24 months my personal income has not risen with the golf course ' income. I have an opportunity to correct this position, it will require me to be off property for the slower months of summer. In my absence Mr. Gardner will take over the duties of the checking of the daily accounting and signing of payroll. The decision making and all purchasing of over $250.00 will remain under my control. will be ha constant contact via e-mail, telephone, and fax. I will still make all financial and policy decisions. I will continue to prepare, create and admfltister th~ fiscal budget. The daily/monthly reports will be faxed to my office. All my decisions will be Iransmitted ttn-ough Mr. Gardner. I will hire an individual, at my expense, to aide Mr. Gardner with his needs and to take care of my company - business. This individual will answer to Mr. Gardner and will have no influence over the rest of the golf staff. Employee Duties: * make CGE deposits * assist with tournament preparation/scoring * display merchandise * assist Mr. Gardner with his needs Contract Requests change from personal services to company start date of new contract to be immediate I have a considerable investment in Sebastian not only monetarily but also emotionally. There are many things I have to finish and see tlxrough. With fl~e advent of the opening of new facilities in our area we need to stay on the cutting edge. I have no des/re to leave, hopefully we can come to an agreement and continue our good relationship with a w/n-win situation for all concerned. ,, I ! Z '"'"'i~ ° °' "~'["'~'"' ~"'"' "'"J' "-'"' '"~j''' ,_..;~j ,.,;~ ,.,,., .~ ,-.,. ~.. 8~ _ o~1 I . L [ I ::..,.I .._. --° --'- - ....... - ~'- I ~1"1-"'1" "'"-""~' "" "l mm',, I ~1="~ 'l =-~ I' L I 1 - i I ~, .... ~ ~1"~" ~==~L" ==1' ~ei' ~!= =~t= i I i I I I I I i i I I I I GOI~ COURSE CASH FI,OW F/Y 1989 CAS. fl FLOWS FORM OPERATING A~: C~h received £or c~me~ ~d ~ C~h paid ~ suppli~ ~d ~ploye~ NET C~H PRO~ ~S~) BY OP~G A~: F/Y 1990 F/Y 1~91 F/Y 199'1 F/Y 1993 F/Y 1994 F/Y 199~ F/Y 1996 F/Y 1997 F/Y 1998 $1.070.967 S1.1a8.086 $1.128.861 $1.I~8.324 $ 1.100.647 Sl.251.354 $1.104.850 $1.166.378 51.316.765 Sl.286.992 S (690. a.~D S (7a6.597) 5 (8~0.077) $ (839.568) $(I?_.33.59a) $ (385.2463 $ (818.136~ S (858.~D $ (866.6l)4} $ ~98.574~ S 380.~6 $ ~1.~9 $ 238,7~ $ 308,756 $ (13Z~ S 3~.lOg S 286.71a $ 308,157 S 450,161 S 388,418 CASH FLOWS ER, OM NON-CAPITAL FI~A~'~CI~G ACTIVrTI~; Loan pr~e~ fo~ G~ F~d Repa~ent o(~o~ ~ ~ ~on F~d O~tmg ~ o~ ~ o~ ~ ~ C~H PRO~ BY NON-C~ ~G A~ ~: CASH FLOws FROM CAPITAL A.ND RELATED FII'~ANCI~G ACTI~ t l IJ~: Proceeds of bond ~ $ Fund bond ~ arx:oun~s $ Fund bond rea~m accounts Bond i.ssu,~c~ ~ Prmcip-I paymems - bomis Principal paymcs~.s - c~ial leases lni~r~st P~d - boad~ lnu:rest pad - ¢api~ leas~ Acquisiuon of capital ~ Paym~mi of obligauon u~d~r capiud $~.le of capital amez.s ,NET CASH USeD BY FINANCING ACTrVIT~ CA.iH FLOws FORM II'~,'ESTING ACTII.'ITI~; Proceeds from sale of inv~mn~ncs $ ~ o£invc~'n~nt secuntit~ $ Lnt~'~st ~ CASH PROVIDED BY INVIiIS'I'~G ACTIVITIES: $ NET DIgCRRAS~. 1~ CASH; NET INCREASE I~ CA~H: $ CA,iH, OCTOBER lac CASH, SEI'TI~4BER $0th: CLusifled as: Current asseU~ S $ $ $ $ s $ $ S $ $ s $ I60.118 $ (1,424) $ 181.766 S $ 54.067 $ 62,345 S 61.632 21.1.185 s ~0.921 $ 243.398 $ S 180.606 $ 195,530 S 157311 135.376 $ 315.982 $ 511.512 315~ S 511~12 S ~8.8~ $ $ $ $ S s TOTAI..S; $ $ $ S $ 100,000 $ $ $ S $ $ (10.119) $ $ $ $ S $ $ (10o,0oo) $ s $ $ $ $ $ $ S S $ I00,000 $(100,000~ S (10.119) S $ S ~rpPLEM ARY DISCLOSURE OF NON-CA.iH TRANSACTIONS: Duri~ the ~ar. thc Ci~' Net boo~ valun of ~s~ wrimm off Valun r~-~vod for asse~ wnu~ off ~ loss on On Stme 1~. 1996, t.~ Ci~ ~rad~i-in 86 ioifcarts in e-~'az~c £or new ~'~ aad an operala~ l~se. th~ ~nsacUon rended in the :'ollO'~ non-c.t~ Net beok valud of assets Valu~ g~Ve by l~scw for xssets ~z'adcd-in Non-cash gain on ~xade-m of as..sets 2.219,245 S $ S(2.000.864) S S (145.864) S S- (95,057') $ $ (189,351) s s (]~,~) S -- $ $ $ (1.653) S $ $ s (584,937') $ 449,910 S (12,063) $ (123.104)'- S s s . s . s (~9,~'0 38.529 $ 24.686 $ 17.935 $ 30.181 $ 32.011 (5~..-~8) $ 474.596 $ 5.8?2 S (9~973) S (17,986) (583,786) S $ (85.845) $ 98.616 $ (123.474) S 93,333 $ $ 668.87.3 $ 85.037 $ 178.370 $ 92.52.$ $ 191.141 85.037 $ 178.370 $ 92.525 S 191.141 S 67.667 6~ S 62,O78 $ s $ g4,437 S $ S S 85.037 $ 62.078 S ., $ - S .. $ (165,139) (139,T31) S . 42'685 S 52.~5 (97.oa6) 117.395 $ S 24.-~)7 67.667 $ 1 185.062 S 209.469 $ $ . $ $ ~ S (6.:06~ $ 27.060 $ TL400 $ 50..MO $ 44.044 CASH FLOW CONT OPERATING INCOME (LOSS) AIMUS~S TO RECONCILE OPERATI.~G INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES: D~r~ci~on Amortization Amortization of bond discount Amott~adon of bond ~uan~ corm (Incrra.~) D~¢mx.~ in ~co~ ~c~4wbl~ Decre~ in du~ from o0~ funds Decre~ in pr~aid D~r~.a.~ in in,,,~nmry Decre~a~ in d~ from other (Inctex~) d*~t~u~ in prepzld In¢~a.~ ('D~n'e.a.~) in accotmta Incrr. aae (de, creas~ ) in due ~o o~er funds Increase (dec'te, a.~) in d~ferm:i income, Act~ued competed absenc~ Gzin on ~1~ or--ts TOTAL ADJUS~S: NET CASH PROVIDED BY OPERATLNG ACTIVi~£1 rS: NONCASH CAPITAL AND RELATED FI.NA~NCING ACTIVITIES: Acquhi~;on of Cap/iai A.~ts Contnbuttd Capi~l for Coulmty TOTAL: T~c city d~uas~d & 1,85~I,000 fac~ atgto~lt ot'Ooif Com~e R~'nu~ Bonds Setie, 1985 with tho following non-cash Bond di.~oum, Series 1985 bonds Unamortized bond knau~ ¢os~ Tr-arafexs ~om refundcd bonds ~ ar~o ~ on refunding N¢~ non-~ah effect FAA 1989 FAA 1990 FAA 1991 FAA 1992 FAA 1993 FAA 1994 FAA 1995 FAA 1996 FAA 1997 FAA 1998 S 231.071 $ 184,515 $ 125,374 $ (106.3911 $ (67,151) $ 92,535 $ 150,909 ~ 186,191 $ 313,825 S 271.411 $ 172,395 $ 167,971 $ I'~4.861 $ 152,811 $ 187,905 $ 171,836 $ 163.616 $ 134,631 $ 109,173 $ 94,888 $ o $ ~ $ 6,264 $ 4,688 $ 6,640 2,910 ~ 2.865 $ 3,184 $ 4,407 ~ ': - 5 3,185 $ 3,18:5 :': 2.812 $ $ S 5 27 $ 26 $ (73.")S 283 S $ (36) S (73) 676 $ 374 ~ 3~ i $ $ ~889 $ 540 $ (4,683) S 8.3~ S 9,994 $ (8,024) $ (5,150) S 8,416 s '- s s s ~ss~) s s 6,640 $ S 6,640 S - 55 $ ~4 $ 4,836 $ 19,465 99 $ .' $ (17,387) 103 $ 17,728 407 S 19,886 S 743 $ 79,790 S(110,625)$ 12.618 $ (12,208)$ 8,1T7 g (1,775) $ 11,699 (33,293) $ 23,'z'~6 $ (10,2.50) $ 159,466 $ (111,429) $ (9,368) $ $ $ $ 2,568 $ 4,114 $ 3,400 $ 1,051 $ (7,681) '~ 90,450 $ (4,6911 $ (i'~,618) $ 2,787 S (12,1211 $ ~ S 7,345 $ (19,317) $ 5,646 $ (25,895) $ 533 $ (8) f: (1,929) S $ (31) $ S $ $ $ ~ $ 149.415 $ 216.774 $ 163.410 ~: 415,147 $ (65.796) S 273.573 $ 135.805 $ 121,966 $ 136,336 $ .117,008 380,486 S 401.489 $ 28g.784 $ 308.756 $ (132.947} $ 366,108 ~: 286.714 ~: 308.157 S 450.161 ~ 388.419 684.,748 ~: ~: q . $ $ (684,748) S $ $ S $ - S - $ -. $ .- $ S _ 34,547 270,975 (3~0,0291 S $ ~ 5 s $ - S S - $ - ~agc 2 i I I I I i I I I i I I I I I I I & ' ! OLF PROFESSIONAL SE.~rI~$ AGP, EEI~_NT THiS AGRELMENT made this 5th day of March, 1997 by and between the CITY OF SEBASTL~L a municipal ccr.~craticn of the State of Florida, hereinafter referred to as "City" and referred to as "City" and PATRICK J. CERJAN, (SSN ) of the Professional Golfers' ~.ssociation (P-G_:.) located in Vero Beach, Florida, hereinafter called the "Consultant." WHEREAS, the City desires to engage a consultant who has. special and unique competence and ex?erience in providing th~ planning, promotion, programming, general operations' and technical services for golf course operations; and, WHEREAS, the Consultant represents that he has such competence and experience in providing tJ~ese services; and, WHEREAS, the City in re_lance on such representation' has selected the Consultant as its golf course consultant; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AG.REED as fo!!cws: ~-. A~reement: The Consultant and the City. '~'~ce_~=~--'~=~.c and acree, that this A~reement. shal~_ cover all of the -:-~_~s=~-~= cf the Ccnsu!tant which the C~n.~ ..... ~ is .~roviding ~c the City cf Sebastian. This Agreement i~ not an exclusive agreement and the City may employ other ccnsu!tants, professional cr technical personnel to furnish sel-¢ices not required by~ cr within this Agreement for the City as the City in its sole discr=~ion finds is in the2. Engagement °f Ccnsl&!"ant: The ~ity hereby acre's t°public interest. ~ engage the Consultant and the Consultant hereby agrees to perform professional services for the City in 'accordance with this Agreement. The Consultant shall provide the necessary planning, programming, marketing and promotion services, teaching, pro-shoD _- services and technical management services for the City of. Sesastian 'Gol~ Course and provide assistance as specifically requested by the City Manager from time to time in connection with the oue~ations and maintenance of the golf course. The services that the Consultant shall furnish .to the City shall include, but not be limited to, the 'folloWing.. . (1) Marketin~ the Ga!f Co,~rse: The' Consultant s'hall exert his best efforts to promote ~nd market the Sebastian City Go!f Con-se to customers ?d~rospective Customers, for the purpose of increasinc the profitamle utilization of the go~.f course.' Such marketing efforts shall include but not be limited to activities as fo!!cws: (a) design and implementation cf a marketing ~roCram to ur~mote the golf course cperaticns; (b) public appearanc~s,a.-_".cur-cemenus and ad';eraisemen.zs; (c) orcanizing Courn;nenzs gruu~ play and (2) Qpar~tin~ th9 Pro-ghopL manage the operations of the pro-shop. (d) dissemination of information to the public about the golf course, its services, fees and hours of operations; and (e) report to the City Manager all comp!ainEs, comments and critical r~marks of customers about the golf course activities. The Consultant shall (3)° ~rovide Inst_~lct!on;. The Consultant shall provide individual and group instruction. The Consultant will notify .the: City Manager of his fees and any changes to his fees. (4) Reoair, Stor~ce, R~nta! 5Bd Sa!e~!..F~rnish golf club equipment repair, st0rsge, ..rental and sales. (5) Manaqemgnt Services: Provide management services for golf course operational play including managing the golf course and scheduling play. (6) .J~nior Golf 0oeration: Promote and conduct the junior golf operation. (7) ~iving Ranae: Managing the driving range. (8) imprDvements. Making recommendations to the City Manager about improvements to the golf course facilities. (9) ?roc%~mL Review with the City Manager by SePtember !, 1997 a progr~-m to ~prove the markatinq and' operational activities = -~ the golf course. The its coals, obiectives and ~mo~ emen~-~-~ - ~q ~ and reviewed ,:~,: by the Ccnsu!:ant ~-"c C~_tv Manaqer. I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I 3. R~!ation~hi~ of ?=.rties~ The parties intend and agree the Consultant is an independent contractor and not an a.cent or employee of the City. The manner and means of fu!fillinq his duties under this Agree-me~~-t shall be under the sole control of the Consultant. The Consultant shall devote his entire time and use his best efforts to. discharge his duties under this Agreement. The Consultant shall comply with all City policies, state and federal laws in discharging his duties under this Agre=--ment. None of the benefits provided by the City to its employees including,. but not limited to compensation, insurance, retirement benefits and unemployment insurance are available to the Consultant. The Consultant is responsible for t.he procurement of his own insurance and complying with all federal and state laws on payroll,~ disability and F.I.C.A. taxes. 4. Joint Coo.~gration: collaboration ~and the Consu!t~nt The - closest cooperation shall be maintained by with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of all activities done by the Consultant and of the details thereof. The City shall furnish to tl~e Consultant all pertinent existing information deemed necessary by the Ccnsultant to be relevant to the ex=_cution of the Project. = A. c~"~-~nn ~ n~-----=.-~n~' Subject to t'~e terms and ~ '4 ~ forth in this Acr-=ement, the rA~ ~'' herekv grants to c~r~_t .... s se~. - ---~ - the .Consultant an exclusive, -nontransferable and personal concesai~n license ("concession license'') to operate a pro'chou on the City s municipal golf course, as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Concession Facilities"). The Consultant may use the Concession Facilities to repair, store, rent and sell golf eq/uipment, golf clothing and aPoare!. Consultant agrees to pay the City,' in return for the liCenSe granted herein, a basic concession fee of $200.00 pe~ 'month plus . sales tax, payable on a monthly basis as long as this Agreement: remains in effect. - "'. ' i ...... ' B. Dutie~ 0~ tko Parties. The Consultah~ "$-h'ail m~intain all equipment in the Golf Pro Shop used for th~'-rep~i'~;~ s~orage, rental and sale of golf equipment, golf clothi~{~and auparel. - The City shall maintain the~air".'c°nditi°n'lng, computer system and equipment and fixtures attached to the realty. "The City shall have the right to have personnel and equipment located collect green fees, cart rental fees and any other--charges 'or revenues ~enerated at the golf course and 'pro-shop.~' T~e consultant agrees that all tr~-nsactions at the golf course or pro- shcu shall be uaid through the City cashier. The Consultant shall ~rov~de a~1 merchandise for sale in t.he pr~o-shep and all range balls for the driving range. The Consu!tan~ shall reimburse the City amount e.cual to 3% of the gross revenues on the use of the an driving range as the cost of retrlevzng range balls by the City. This amount shall be adjusted every year by mutua~_ aqreement of the parties. The consultant shall hace the exclusive right to ret~ ev~ and sell golf balls recovered from water hazards at the golf course as long as the Consu!t~r-ut is engaged by the City. The Consultant shall comoly with all the requirements of all public authorities and the terms of all state, federal and local laws, ordinances and regulations, obtain all The consultant shall necessary licenses from all units of government. The Consultant shall maintain during tZ~e term of this Agreement all books, reports which the City shall reasonably require. The City shall pay for the electricity, wate_,~ '~sewe- and garbage collection, necessary, from the Concession Facilities, and the Consultant shall pay all taxes arising from the operation of the Concession Facilities. The City reserves, and sna!l at all times have, ~the right to enter t_he Concession Facilities to inspect the same. The City also reserves the right, from time to time, at t_he City's own expense, to make renovations, repairs or changes, about and to the Concession Facilities. The City also reserves the £ight to use the Ccnc~s~ion ._c___t- s - o .or !nter~e_e with the Ccnsu!tant's usa cf t.ke facilities. The Consultant is as !cnc. as the Ccnsu!tant is concession licsn~e en~ace~ by the City m~der Chis Ac. reemen~. ,if either party te--~minates this Agreement under the provisions of paragraph 5D or paragraph 7 of this Agre~-ment, the concession license shall terminate on the day the Consultant's engagement terminates. C. ~oncps~Qr~ ~aCi!~-tie~: It is expressly agreed and understood between the parties hereto that nothing in this Agreement shall be 'construed as empowering the Consultant encumzber or cause to be encumbered the Concession Facilities in any manner whatsoever. In the event that regardless of thais prohibition any Person furnishing or claiming., to have furni'~hed labor or materials at the request of the Consultant, or any' person claiming by, through or under the Consultant, shall file a li~n against the Concession Facilities, Consultant shall within thirty (30) days after being notified thereof, cause such lien.. 'to satisfied of record or cause the Concession Facilities to be released there from by the posting., of a bond or other security as prescribed by law, or shall cause same to be discharged as a iien against the Concession Facilities by an order of a court having jurisdiction to discharge such lien. In the event the lien is not discharged as required above, the City may advance funds necessary to discharge the lien and r~cover any amounts so paid from the Consultant. D. FAL~. AD,roy=_! =.nd Re~l!~tionl The City and the Consultant ack_nowledge this Aqrsement may be subject to approval by the Federal Aviation Administration ("F.'u3."). The parties therefore, agree that in the event F.kA approval is required and the F~.~ refuses to either gran,~ its approval or issue a letter of no objection with respect to this Agreement, the parties shall modify the te-~ms of this Agreement in t_he manner a_~.d to the extent necessary to obtain the FAA's approval. In the event any such modification would serve to materially increase the ob!iqations of a party here,auder, the affected party may terminate this Agreement upon giving thirty (30) days advance notice to the non-affected party. E. Authariza~ion: The City authorizes the Consu!tant'i while retained by the City to provide instruction on the driving range and golf course. The Consultant is not authorized to enter into any contracts, agreements or purchase orders on behalf of the~ City without written consent of the City Manager. 6. Qom~ensatioB SchejBle and Pro Shop Inventory% (1) The Consultant will be compensated for 'the provision of services described in this Agre~_ment while the Consultant is retained by the City by the payment of a professional fee in the amount .and in the manner set forth below (professional fee:i- A. The professicna! fee shall be an amount e.cua! to the rentals, repairs, gross revenues (".cross revenue") collected from: (2)c!ub s~orage, (2)qo!f club rentals, (4) (5) pro-shop merchan~se sales, (6) ( ! ) locker golf club gift certificate sales, (7) instructional lessons, (8) the sale of recovered from water hazards 6n the golf course and (9) the use of balls at the driving range, as defined in paragraph 6 (1) (B) B. As used in Paragraph 6, the term "gross revenue" shall include all payments, incomes and receipts of funds from: (1) locker rentals, (2).club storage, (3) golf club rentals, (4) g01f club repairs, (5) pro-shop merchandise sales, (6)'gift sales, (7) instructional lessons, (8) the sale of' golf balls recovered from water__hazards Ontwo.the golf Course and (9) the us~~ of] balls at the driving range.' NotWithstanding an~hing hereunder the contrary "gross revenue" shall not' include aay revenu~ '~from activities at the golf course not specifically described" in-~'his paragraph. The City Specifically reserves th other personnel consisting of golf .professiOnals course to provide instructional lesSons~ The compensation ~from lessons provided by such personnel is' excluded from gross revenues. - ' ' · C. At the conclusion of any businesS-day occurring during the terra, of t_his Agre~-ment, the City shall Pay to the Consultant an amoun~ equal to the professional fee payable with respect to such business., day. ~ A quarter!v audit of the c.ueratiuns of the golf course .uer.uorme_ ny the City for any period actual "gross revenue" of the golf course o.uer~-~ions for such period. If the actual "gross revenue" of the golf course any underpayments' and the Consultant shall pay to the City any over payments of the professional fee, as the case may be, within thirty (30) days after completion of the audit. This Agreement shall be paid from any non ad valorem tax revenues of the City3 which are not pledged as s,ecurity for the payment of an~. indebtedness of the City of Seoastian. _ .' D.. On the te_~-mination of this Agreement the City shall purchase from the consultant all logo goods at the wholesale invoice price, provided such purchases shall not exceed 2,000.00 in total amount. Any item owned by the Consultant which the City elects to retain in the Pro-Shop .inventory after termination of this Agreement shall be purchased by the City at the Consultant,s wh~!esa!e cost and payment sha!l be ma~e to Consultant within 30 days from the date of the termination o~ this Agre~_men~. ~ All gift certificates that are oUts~.d!?g for the period of this Agre=ment will be ident~ .={ ed The Ccnsu_'tant shall reimburse the Cit~ the dc,_!ar ~-mo~.t of the Gift c~r~ifica~e cu.~stand~ n~ ~=~ - ...... g ..... =emam!e, or the City ma,./ credit =he value of the inventcry against any - -..u_~..=_e_ ny t.._ C_.y, c_ = c~ms_na~lcn of credit and cash as agreed to by the City. On the termination of this Agreement any items held in inventory for pro-shop sale which are purchased by the City-from the Consultant shall be valued by verification of the Consultant's purchase receipts for such items. (2) The Consultant shall obtain approval'from the City Manager prior to incurring any travel or lodging expenses On behalf of.the City. Travel expenses for' the Consultant, when authorized, shall be paid in accordance with the City of Sebastian ~policy and Section 112.061 of'thetFlorida Statutes. (3) Gift certificates that are outstanding and.' redeemable and issued by the City prior t0 July 17~ 19~'5-Wi~ be honored by '.the 'Consultant and the city will reimburse the Consultant the dollar value of each certificate honored. 7. DuratiomL (1) This' Agreement 'shall become effective on March 5, 1997, and shall remain in effect for a period of two (2)y~ars from July 13,-1997 unless te_--minated for breach or as pro%ided in this Agreement. ThisAgreementmay be terminated by either ~arty with or without cause. This Agreement shall supersede anY-priOr agreements between the parties. This Agre~_~ent may be canceled by the City upon notice as set cut in this Agreement without penalty or cause. . 'w_tho~ ca~se This Acr~-~,uent ma,/ be terminated · ~ ~ by written notice of either c= the parties to the. cther party cf I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I i an intention to terminate this Agreement. Any such written notice shall serve automatically to terminate this Agreement ninety (90) days after the date such notice is sent to the other party via certified or registered mail. if notice is given ky either party which terminates the engagement of the Consultant under this Agreement with or without cause prior to the expiration of the Agreement, t~he professional fee and rent payment shall be prorated to the day of the Consultant's termination. (3) The City Manager may terminate the Consultant for cause on twenty-four (24) hour written notice without penalty. Cause for the purpose of this subparagraph means the use, 'sale, dispensing, distribution, possession, or manufacture of illegal drugs and narcotics or alcoholic beverages on City premises or work sites or addiction to the use of intoxicants or drugs, chemical dependency, the conviction.of a felony. 8. ~avenant Acainst Continc~nt Fees: The Consultant warrants that he-has not employed or retained any company or pe-~son, .other than a bona fide employee working solely for the Consultant to solicit or secure this AgT-ee-ment and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a kona fide employee workinc solely for the Ccnsu~.tant any. f__==, c-m.n~icn,~_ .__- percentage, gift cr any_ other consideration c.-ntingent u~cn. or .~=~:~l_.__t~._..~n~ from the award or reek!nc cf this ~c-=emen~ F. r the breach or vic!etlon of th~= paragraph, the City shall -have the right to terminate the Agreement without liability and,' at its discretion, deduct from the Agreement price, or othe-~ise recover, the full amount of such fee, commission, percentage, gift or consideration. 9. Eersoune!.~ The Consultant shall be qualified to perform the services, described in this Agreement under federal, state and local laws to perform such services 'This is a personal service contract and the Consultant shall personally furnish services tinder this Agreement. Personnel retained by the Consultant who perform services under this'Agreemen't shal!~n0t'-' be' employees of the City. This Agreement cannot "be assigned. The City reserves the right to provide emploYees that the City considers necessary for the administration Of the golf course.' facilities '- ..... 10. ~esoan~ibility o'f the Conaultant[ -' (a) The COnsultant is responsible for ~he professisnal quality.~and effective'operatiOn 'for .the City of Sebastian Golf Course, and the efficient coordination of all activities, and other services furnished u~..der this Agreement. (b) The ' Consultant will honor the provisions of . se_v!c~_ performed at existing contracts executed by the City for ~ ' o~ the golf course and will provide advice and assist.--uc~= in contract negotiations in the event ~- is determined to ccntinue with the contractual services. I I I I I I I I I I I I I I I I I I I I I I I I I i I I I 11. ~_terest of Members o~. C[~lv and othersn No officers, members or employees of the City and no members of its governing body, and no otluer public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the.. review or approval of the undertaking or carrying out of-this Project, shall participate in any de'ci's'ion relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in - this Agreement or the proceeds thereof. . . 12. InsuraDc~: The Consultant agrees to the covenants and shall provide insurance to the City in accordance with Attachment I, which is incorporated by reference into this] Agreement. The Consultant will provide both liability insurance covering his activities and a contract indemnification rider .for Paragraph 17 of this Agre=-ment. · 13. Interes~ af Co~tractorl The Consultant covenants that h-~-. presently has no interest and shall not acquire any interesE, direct or indirect, whic~h shall c0_nflict in any manner or degree with the performance of services required to be perle _-reed under this Agreement. The Ccnsu!tant further covenants th'at in the performance of thi-= A.cr~ement, no person having any such in~eres~ shall be ~..~ov=~... _ . __. The Ccnsu!t~.t shall not ~ndertake any u~ofesslcna! work which c-~nflict-= with his ' ~=~ cuu___ as the C~v's Consultant without the prior written consent of the City Manager during the term of this Agreement. 14. ~om~lia~ce with ~he Law: The Consultant expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any law or regulation pertaining to ..furnishing. services under this Agreement shall constitute a material breach of this Agreement. 15. Waiver: The waiver by the City of anY'"of't~e Consultant's obligations or duties under this Agreement' .%hal1 not] constitute a Waiver of any other obligation, or. duty of the Consultant under this Agre~-ment- " ' .... 16. Public E~tv.L The Consultant shall file a s~0rn statement with the City which is Attachment II stating whether "a person or affiliate as defined in Section 287.133 (!), Flor{da Statutes, has been convicted of a public entity crime subsequent 'to July 1, 1989, in accordance with the provisions'of section 287.133 of the Florida Statutes. 17. Indemnification: For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall pay, indemnify and save harmless the City, its agenus, guests, invitees and employees, from all suits, actions, claims, demands, dar. ages, losses, I I I I I I I I I I I I I I I I I of employment by Consultant. We, in turn, will, as required by the Act, report such convictions within ten (!0) days of our learning of the conviction to the appropriate federal agency. Any staff member arrested in connection with a cri_~ina! drug violation occurring iht he workplace will be Dlaced on personal leave of absence without pay and could face termination of employment pending the outcome of any legal investigation and conviction. IN WITNESS WHEREOF, the parties here'to have caused these presents to be executed, the day and year first above written. CHC/AAE, City Clerk (SEAL) signed, sealed and delivered in t~esence L. Approved as to legal form an~d__contant: Va!erie F. Set=les, City Atzorney 17 Cit~ of Sebastian, Flarida Subject: Filbert Street Property Approved for Submittal by: City Manager~ ~ //~ Exhibits: Agenda No. Department Origin: City Manager Date Submitted: April 22, 1999 For Agenda of: April 28, 1999 - Map depicting Tract "D", formerly known as Filbert Street Utility Site EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A SUMMARY APPROPRIATION REQUII~D: There is a tract of land located on Filbert Street, known as Tract "D", which consists of approximately 9.08 acres, which was originally owned by GDU Utilities. When indian River County took over the City utilities they acquired this tract of land as a Utility Site. At the October 14, 1999 Regular City Council Meeting, a motion was made to formally request the Board of County Commissioners to transfer the Filbert Street property from County ownership to City for the purpose of park use. In response to the City Council's action, the Board of County Commissioners, on October 27, 1998, agreed to deed the Filbert Street property at no expense to the City, including a standard reverter clause with respect to the public use of the property. In conjunction with the Filbert Street transfer, the County requested that the City transfer title to Station 8 to the County, which would include the standard reverter clause. The primary consideration of the transfer is that the County intends to expend approximately $275,000 on Station 8. At this time, the City is in receipt of the executed deed to the Filbert Street property fi:om Indian River County, therefore, it would be appropriate for Council Members to discuss the use of this property. RECOMMENDED ACTION Discuss the use of Filbert Street property and direct staff accordingly. ,? I i I I I i I I I i I I I I i i I i I City of Sebastian, Florida Subject: Stillman/Retainfiag Wall Reimbursement Approved for Submittal by: City Manag~ ~ ~, Agenda No. Department Origin: City Manager Date Submitted: April 22, 1999 For Agenda of: April 28, 1999 Exhibits: EXPENDITURE REQUIRED: - Letter dated March 13, 1999 from Mr. & Mrs. Stillmlan - MGB Construction Packet Including: -Statement of Account -Letter Dated January 18, 1999 -Property Survey -Invoices from Tarmac America, Inc. - Memorandum dated 4/22/99 from City Attorney Richard Stringer AMOUNT BUDGETED: APPROPRIATION N/A REQ_UIRED: SUMMARY Mr. & Mrs. Charles Stillman reside in the Sebastian Highlands at 1173 Blossom Drive. At the time they contracted with MGB to build their new home, their house plans were approved and a permit issued without any mention or need of a retention wall. After the excavation began for their pool, it was determined by the Building Department that that a retention wall was needed. Mr. & Mrs. Stillman had the retention wall put in at their expense. They are of the opinion that they should not have to bear the cost of the retention wall. Therefore, Mr. & Mrs. Stillman are requesting full reimbursement of $2,893.99 for the retention wall. RECOMMENDED ACTION. Direct staff accordingly. To: John Van Antwerp, Interim City From: Rich Stringer, City Attorney Re: Stillman pool retaining wall Date: 4/22/99 I. Summary of Pertinent Facts The Stillmans built a single-family home on a lot abutting the old Fellsmere Railroad right- of-way along CR512. A twenty-foot drainage and utility easement ran along the rear of the lot and a drainage ditch fully occupied the easement. A pool was installed to within 25 feet of the rear lot line as part of the home construction. After the home was completed, the City Manager's office received a letter from the Stillmans stating that during construction, the City building offidal came to the site and told them that a retaining wall had to be built for the pool because the ditch was in the wrong location in the easement. The letter goes on to request that the City pay the cost of the retaining wall. II. Question Presented What is the City's potential liability in this matter? III. Analysis First, it must be stated that the ditch was not in the wrong location; it was centered in the easement. It would be accurate to say that the ditch was not in the "usual" location because most drainage ditches in the City are centered on the lot line of two lots with adjoining easements. This was not, however, a typical lotin that it backed up to the abandoned rail fight-of-way, rather than an adjoining lot. From the survey provided by the homeowner, it appears the apex of the slope for the drainage ditch extended beyond the boundaries of the easement by up to one foot. Although the lot has been filled and the bank of the ditch restored well beyond the easement line, a'vi~it to the site with the building official and views of the adjoining properties lend credence to this representation. The lot had remained undeveloped and unmaintained all these years, and the preferred slopes to the bank of the ditch had eroded significantly. It is not known if or when the ditch had been maintained and restored since its estimated establishment in the late 1950's. From a legal standpoint, there would be some question as to where the "ditch" began and where the natural slope from the lot to the ditch ended. The key question would appear to be whether the retaining wall would have been required if all other conditions were the same except the ditch did not in any way encroach beyond the edge of the easement. The answer from the building official seems to be yes. The health codes required the lot to be filled and elevated significantly above its natural grade. With the pool located at this elevation and five feet from the easement, a significant slope was unavoidable. The retaining wall was required due to safety concerns from the instability of the area between the pool and the bottom of the ditch. Had this area been well-established and stabilized, then the retaining wall would probably not been required. As explained above, however, the lot had just been cleared and then filled. Under these conditions, even if the bank of the ditch had been restored and resloped to leave a flat grade at the edge of the easement, the retaining wall would have been a likely requirement. Thus it appears that, although the lack of maintenance to the ditch may have contributed to the instability that led to the need for a retaining wall, the other conditions were an independent and primary cause. In sum, when submitted to the "but for" test appropriate for these questions, it does not appear that the need for a retaining wall (which is the damage claimed by the homeowners) could have been avoided but for the encroachment of the ditch. City of Sebastian 1225 MAIN STREET c~ SEBASTIAN, FLORIDA 32958' TELEPHONE (561) 589-5330 a FAX (561) 589-5570 April 8, 1999 Mr. & Mrs. Charles Stillman 1173 Blossom Drive Sebastian, FL 32958 Re: Ditch Location - 1173 Blossom Drive Dear Mr. & Mrs. Stillman: This is to advise that the matter concerning your rear ditch location, will not be placed on the April 14, 1999 City Council meeting agenda. ' With your permission, I would like to do an on site inspection of your property along with .tWo members of staff. If this meets with your approval, please call my office so we can schedule a time and date. Your cooperation is appreciated. Sincerel~r, John L. Van Antwerp Interim City Manager - JLV/jmt I i I I I i i I I I I I I I I I i I Mr, and Mrs. Charles Stillman 1173 Blossom Drive Sebastian Fl. 32958 Saturday, March 13, 1999 To whom it may concern, My wife and I have recently built a home at 1173 Blossom Dr. here in Sebestian. When we contracted to have the home built, we were told that the plans for the home with a pool were approved, and the price of the complete package. We accepted the package presented to us by the contracter, and proceeded to have the house and pool constructed, In January, when the house was almost completed, and the excavation for the pool was done, we were told by M.G.B. Const., that the Sebastian Building Dept. was going to requke us to instal a" Stem Wall", or "Relaining Wall", behind the pool. The reason for this was that the drainage ditch behind the pool was actually on our property., and that ff the ditch was where it was supposed to be, we would not have needed the" WALL" behind our pool. My wife and I do not have a problem with the location of the drainage ditch. The problem we do have is with the ad~d expense of the" Wall". The cost of the "Wall", is $ 2893.88. We do not think that we should have to bear the added expense of that wall. If the ditch was located where it is supposed to be we Would never had to build a wall. The house plans were approved by the building dept., without a wall in the first place. Only after the pool was excavated did the building dept realize that the ditch was in the wrong place. Mr. George Banaki, the building dept. representative, told my wife that the ditch was on our property and that was the reason for the wall. All my wife and I are asldng ,is that we be ,eimbursed for the expenses we incurred for the wall due to the fact that the ditch is in the wrong place. We feel that it would be far less e~xpensive for the city of Sebastian to reimbume us than to relocate the ditch. I hope that I have explained the situation clearly to you, and that you can be of assistance _to us in solving the financial dillema we have encountered. :UCTION INC. 945 Fcllsme~c Road, #3 Phon.: (561) 589-7472 iCG C031505 · sCO C025962 · Sebastian, Florida 32958 · Fax: (561) 589-0663 d Linde Stillman ~om Dilate Sebastian, Florida 32958 Total contract price Total received to dale (06109198 $ 1.000.00 07130198 $ 10,633.00 10119/98 $ 230132.50 10128198 $ 24,832.50 12121/98 $ 24,832.50) STATEMENT OF ACCOUNT CHARGES CREDITS $ 116,330.00 $ 84,430.50 Credit - MGB paid closing costs Balance due from ba~k - house Balance due from ha~k - pool Total Base Contract 1,500.00 14,899.50 15,5OO.OO $ 116,330.00 $ 116,330.00 Allowances/ChaniLes Outside of Base Contract Sltework - tlo~s~ Land clearing 1,550.OO Fill (51 loads) 3,607.06 Compaction 250.00 Grading - 51 loads ~ $11.00 561.00 Allowance for sitewo~k Change order - 08/24198 760.00 (cultured marble vanity, ceramic tile in foyer extra outlets & 'I3r ~ewires) Change order - 09108198 1,250.00 (radiant barrier) Change order - 09/I0/98 135.00 (2 prewires fo~ coach lights, I llood light prewtre) Payment rec~ - 0911611998 Change order - 09115198 65.00 (add phone, ~ & eke outlet in garage Payment recelv~d- 09/18/98 Change order _ 09121198 - CREDIT (appliances blt owner} Change order- 09/24198 909.50 (upgrade front door & sidelights) Change order - i0/15/9g - CREDIT (various plumbing & !ighting fixtures by owner charge for upgrade shower door) Solid waste disposal ~ee 135.05 6,500.00 135.OO 65.OO 1,731.OO 284.00 Model Home Center: 1043 Bather Street ' Sebastian. Florida * (561) 589-9525 I I I I ( ONSTRU( TiON 945 l:ell,mcre l~oad. #3 · Phone: (561) 589-7472 · Sod supplied by MGB 7,200 sq.[t, less 6,000 sq.ft, standard - 1,200 sq. ft. @ $.16 Retain_lng wall - pool Tarmac - materials - pumped concrete Hearndon - labor {looter0 block, pumping, {ill & compact) Engineer - drawn & inspection Additional grading Counter top change requested by Linda Stlllman - recovered labor & materials Discount to Llnda 192.00 731.88 1,745.00 150.00 75.00 250.00 I I Totals: S 12,366.49 Less; credits ( 10,215.00 ) Balance due to MGB Construction, Inc. $ 2,151.49 Modd IIo,,,~ Ce,der: 1043 Baal, er Street · $cha,tian. Flor~la · S~ba,tian. Florida 32958 Fax: (561) 589-0663 1,500.00 10,215.00 (561)589-9525 H G B CONST ][NC 945 FELLSHERE RD STE 3 SEBASTIAN,FL 32958 PO #: 634 { 450291{::::!:i!i~:"CUSTOMEa .!~0. {, 01/~14/-99l INVOICE oATEI .:,,:,',: INV~O_,[CEi:.N0.~2 '..'::...,'--:. ~ ' '::'~_J ·'SHIP TO 1173 BLOSSIM DR/SEBASTIAN I I I LOTS: LOTS: EI~TERED J AN 2 O 1999 MOjDA'~ NUMBE~ 1 14 3418834 - 1 14 3418834 : PRODUc'r DESCRIPT;CN NUMBER 83:~500 3000 PST 9455 NO SHORT LOAD CHARGE 9820 STATE ENVRMNT CMPLIANCE d '.,'; ...... '" · ' ,,,.~ ,,,,, .~ ! C..UAN" ~ ' . .~ .% · ,,...'_: .... 4.00 CY 65.00 260'.0'0' 1.00 EA 0.00 0.00 1.00 EA. 5.00 5.00 PLEASE NET TOTAL NOTE -- REMITTANCE STUB AT SALE~ TAX tK - BULK CY - CU. YD. LB - POUND IL - BARREL EA - EACH LD * LOAD IX - ~ox FT - FOOT M - THOUSAND ;W - HUNOREO WT. ~ * GALLON OZ BOTTOM OF INVOICE 265.00 18.55 PT * PINT TB - TUB 283. 55 ill. - ROLL TN - TON SM-SHEET MAY BE ~AKEN SERVi~CHARGE~ IF PAID BY 02/10/99 ,~ SERVICE CHARGE SHALL BE IMPOSED ON INVOICES NOT AID IN ACCORDANCE WITH THE STAN~AR~ TERMS AT THE RATE OF 1_. ~ % PER MONTH TO ENSURE PROPER CgEDIT TO YOUR ACCUUNT, PLEASE RETURN ~IEMITFANCE STUB WITH YOUR PAYMENT, Tarmac Tar'mac Ameptca, Inc. BOX 651318 CHARLO'CrE NC 28265-1318 I 2 5271/ I DISCOUNT ~A~ BE TAKEN IF PAID BY 02/10/99 · PAYMENT INQUIRIES: 1-800-864-1517 BILLING INQUIRIES: 1-407-753-1803 I I I I I I I ~ 3297", , ,~-urndor,98~aol.com INVOICE BILL 10 ~GB ~6~tr6¢~'6n, ~nc. g4§ Fellsmere Road, #3 Sebastian, FL 32958 Fax 561-58g-0863 PRO,,TECT F-- Il ;'3 Blossom Drive bAT/ INVOICE # TERM5 l/i'.l':g Net 03 ITEM i h~:~ 'TZON IFooter (mgb) 45' dig/pump Block (rog 190 ea haul/lay I Other J '~,.l:,'n ) wall solid Other D: l/ I I I I I Fill .'x Compact I) DATE OTHER P.O. # .iI99 1173 Blosso I (~UANTZ'I-Y BALANCE DUE: UNIT RATE AMOUNT 675,00 675.00 57o,00 570.00 300.00 300,00 .. 200.00 200.00 $1,745.00 Tarmac v 634 oRI'G,NALI 450291 01/08/99 224787 M G B CONST INC ~1173 945 FELLSMERE RD STE 3 %.~ SEBASTIAN,FL 32958 LOTS: DATE I M0~ 3HIP'~a'NG NUMlaER 01 '08 341872; 01 08 3418720 01 08 3418720 BLOSSOM DR/SEBASTIAN I ."~';'i.I C' i . %1, I : ','.'-.';.LII .;; ,.:;;'-..'~-h~% .. . .... 9672 FIBERMIX MONOFILAMENT 6.00 CYD 4.00 9820 STATE ENVRMNT CMPLIANCE 1.00 EA. 5.00 ~%'~ ..:',, 390.00 2'4.00 5.00 PLEASE NET TOTAL NOTE -- REMITTANCE SALES TAX STUB AT BOTTOM OF INVOICE UNIT OF MEASURE CODES CY* CU. YD. LB - POUND EA- EACH LD -LOAD FT ' FOOT M -THOUSAND GL - GALLON OZ* OUNCE 419. O01 - BULK PR ' PAIR SK - SACK ' . eX - BOX RL - nOLL TN - TON I I CW - HUNDRED WT. 5H - SHEET 1 ~ERW~C~AR~S D~SCOUff~ ffA~ BE ~AK~ff SERVICE CHARGE SHALL BE IMPOSED ON INVOICES NOT ~ ~A~D BY 0~/~0/99 PAIO IN ACCORDANCE WITH THE STA~ TERMS AT THE ~ATE OF ~ * 5 % PER MONTH · ......................... ~* ................................................... TO ENSURE PROPER CR~IT T0 YOUR ACCOUNT, PLEASE RETURN REMI~ANCE STUB WITH YOUR PAYMENT. Tarmac 29,33 ! ........ 448.33 Tarmac Ame~l c~, Inc. BOX 651318 CHARLO'H'E NC 28265-1318 I INC. I 18 Janua~ 1999 945 F~lls ..... · Road, #3 Pl~ona: (561) 589-7472 .CG C031605 · #CG C025962 * Sebastia., Florida 32958 ° Fax: (561) 589-0663 Mr. & Mrs. Charles Stillman P.O. Box 690001 Vero Beach, Florida 32969 I I Re: Lot 43 Block 169 Unit 5 Sebastian Highlands I 173 Blossom Drive, Sebastian, Florida 32958 Dear Mr. & Mrs. Stlllman: It has become necessary to construct a retaining wall under the back edge of your pool deck. The city code requires a moderate elope from the edge of your pool deck sloping south to the rear of the property. Your property however, has a deep ditch that precludes any acceptable yard slope. The retaining wall would not be required 1! the ditch was not adjacent to your pool and/or the top of the bank was not encroaching on your property and/or the slope of the existing ditch did not exceed the city recommend slope of 3' horizontal for every 1'-0" of vertical fall. At such time that we have paid any cost associated with the retaining wall, we will invoice you in accordance with our contract agreement. Sincerely, William Ballough WB/cb Encl$. Modal Hon., C. nt*,: 496 6t 4.98 Tulip Drive · Seba,tian. Florida · (561) 589-9525 3. 'lTIIS SURVEY tS NOT INTENDED TO LOCATE EXISTING UNDERGROUND A FOUND NAIL ...,;:..-.. :.!.;,.:. ~:,[,:, :- :, BLOCK 169 ~ o 7 * -- - O BOUNDARY SURVEY LEGAL DESCRIPTION: LOT '43 /~_..~ · '//'-- ' m "' ~4, [~_. ONE STORY CONCR~E / ~'¢ BLOCK RESIDENCE . 12.4 ' '1 : ~ ' m"~ · ~ m o '~'~' ~r~To~_ S )8°28'00" ~/80.00' ,. LOT 43. BLOCK 159. SEBASTAIN HIGHLANDS, UNIT 5. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK ,% PAGE 102 OF PUBUC RECORDS OF INOIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: I. BEARINGS SHOWN ARE BASED ON THE CENTERLINE OF BLOSSOM DRIVE N 18e28'00" E AS PER RECORD PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS. RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TfI'LE OPINION IS EXPRESSED OR IMPLIED. 3, THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS. ENCROACHMENTS OR ANY IMPROVEMENTS EXCEIrr AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE 'X* PER FLOOD INSURANCE RATE MAP 12061C0078 E, OATED MAY 4, Ig89. 5. ELEVATIONS BASED ON ASSUMED DATUM: ELEVATION ~0.00 ASSUMED ON THE CENTERUNE OF BLOSSOM DRIVE. ABBREVIATIONS: P, PLAT M-MEASURED R/W. PdGHT OF WAY AJC,AIR CONDITION -CENTERLINE COV.-COVERED LS-LAND SURVEYOR .U.L.,OVERHEAD UTILITY LINES CONC,.CONCRETE PU6'DE-PUBLiC UTILITY ~- DRAINAGE EASEMENT PLS-PROFESSIONAL LAND SURVEYOR LB-LAND SURVEYING BUSINESS PK-PARICER KALON (BRAND NAME~ BOUNOARY SURVEY 7-13-1998 R[VISED CERTIRCATIONS 8-$-199a FORM 8OARD LOCATION g-l~-Igg~ FINAL SURVEY 1.5-199g LOT 42 BLOCK 169 COUNTY ROAD 512 CHARLES J, ~qrILLMAN and UNI~ A. STILLMAN RIVERSIDE NATIOAL BANK PROFESSIONAL TITLE OF INOI~I RIVEIL INC. STEWART TITLE GUARANTY G~tPANY MGB CONSlrRUCTION. INC. - LEGJN~. O- FOUND 1/Z' IRON REEAll ~PITH PLASTIC CAP STAMPED 'SMITH 1761 Jj- FOUND ~/6' iRON RESALE ~JlTH FI.ASTIC CAP STAMPED 'LB 4277' O- SET ~/8' IRON REBAR ~ PLASTIC CAP SI'AMPEB 'WrrNE.~ CORNER PLS A- FOUND NAILD 1-1/4' DISK · .* FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING. INC FLORIDA LAND SURVEYING BUf~IESS #6617 1074g HIGHWAY U. L1. SUIT~ A. SEBASTIAN. FLORIDA 329S8 F~,IONE J561j 388-0:520 CERTIFIED CORRECT TO THE ~ ~ MY ~IO~fl. EDGE AND BELIEF IN CONFORMITY WITH THE MINIblUM TECHNICAL STANDARDS SiT FORTH BY THE FLORIDA BOARD OF La4~O SURVEYOI~. F'LiRSUANT TO CHAPTER 61G174 FLORIDA ADMINISllM11VE CODE, 11115 SURVEY IS PREPARED AND CERTIFIED FOR :I-IE EX. CLUSIVI~ tl~ OF THE CLIENT OR CLIENTS NAMED H~JI:EON. THiS SURVEY r.[ NOTVAUD ~tflTHOUT THE '.IGNATURE AND THE ORI~(~e~~RVEYOR AND MAPPER.