HomeMy WebLinkAbout05121999DRAFT
City of Sebastian
1225 Main Street Q sebastian, Florida 32958
Telephone (561) 589-5330 Q F~ (561) 589-5570
E-Mall: ci~seb~iu.net
SEBAS~N ~ COUNC~
MINUTES
· . REGULAR MEETING
WEDNESDAY, MAY 12, 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 Pastor Mike Lyle - First Church of the Nazarene
BOLt, CALL
City Come. il present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barezyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff Present:
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Cleric, Kathryn O'Halloran
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Chief of Police, Randy White
Deputy City Clerk, Sally Maio
Regular City Council Meeting
May 12, 1999
Page Two
10.
DRAFT
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS]
Items not on the written agenda may be added on~v upon a majority vote of City Council members (R-99-21)
Old Business item 15. A. C.R_ McLellan Annual Culvert Contract was removed due to lack of new
information.
PROCLAMATIONS, ANNO~MENTS AND/OR PRESENTATIONS
None.
CITy ATTORNEY MATTERS
* Reported on contacting the County Administrator relative to the possibility of obtaining a share of
revenues for 911
* Said he would bring back further information on the FDOT Scenic Highway program
* Distributed documents relative to the Cerjan golf services agreement.
CITY MANAGI~R MATTERS
None.
CITY CI~]~,RKMATTERS
None.
CITY CQUNCIL MATTERS
A. Mr. BishQp
Received council consensus to pursue 911 revenue sharing. The City Manager said he will do preliminary
inquiries.
Mr. Majchcr
None.
C.
MayorWininger
Gave a letter to Mr. Bishop from a City youth relative to the Skateboard Park; and noted that Indian
River County is also looking into a skateboard park and possibly the projects could be coordinated.
In regard to a letter from a resident, asked if there is a bond for cleanup or other method of requiring
Cornerstone Builders to clean up building sites. The City Manager responded there is currently no
method unless Code Enforcement determines there is a hazard.
Mr. Bishop reported the Skateboard Committee met Monday evening and were looking into cost projections.
2
Regular City Council Meeting
May 12, 1999
Page Three
DRAFT
9~107
99.108
Vice Mayor Neuberger
Reported that he walked with the couple who are walking the east coast of Florida for cancer
awareness from the City limit to Captain Hirams where they were given a full-course dinner thanks
to Councilmember Bishop
Reported on the Council of Local Governments meeting relative to firefighters
Reported on the Metropolitan Planning Organization meeting relative to approval of the 1999/2000
work program, Vocelle/Fleming extension, long range transit plan, and FDOT aviation moneys
Reported that FPL will move overhead wires at Yacht Club at no cost to City
E. Mr. B~'cz3,k
Reported that Commissioner Adams had advised him that Indian River County Recreation had
obtained property on CR512/CR510 for which there will be public meetings to determine the use
11.
CO_~I~NT AGENDA
All 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 unless a mtnnbcr ofCiO~ Co,mcil so requests; in which even~ the item will be removed and acted upon separate~.
Approval of Minutes - 3/30/99 Orientation Meeting, 4/24/99 Special Meeting, 4/28/99 Regular
Meeting, 5/5/99Workshop & Special
Resolution No. R-99-30 - Vacation of Easement - DiSalvio - Lot 2 & 3, Block 108, SH Unit 2
(Growth Management Transmittal 5/6/99, R-99-30, Application, Site Map, Staff Report, Utility
Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA VACATING A PORTION OF
CERTAIN EASEMENT OVER LOTS 2 & 3, BLOCK 108, SEBASTI_AI~ HIGHLANDS UNIT 2; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDINCr, PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-99-32 - Vacation of Easement - Ando Building Corporation - Lots 12, 13,
14, and 15, Block 185, SH Unit 8 (Growth Management Transmittal 5/6/99, R-99-30, Application,
Sim Map, Staff Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN ~ OVER LOTS 12, 13, 14 AND 15, BI.13CK 185, SEBAS~ ~G~S UNIT 8; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
The City Manager read thc Consent Agenda and the City Attorney read Resolution Nos. R-99-30 and
R-99-32 by title.
Mr. Bishop removed item C and Mr, Barezyk removed item B.
3
Regular City Council Meeting
May 12, 1999
Page Four
DRAFT
MOTION by NeubergerAVininger
"I make a motion to approve items A approval of the minutes 3/30/99 Orientation Meeting,
4/24/99 Special Meeting, 4/28/99 Regular Meeting, and 5/5/99Workshop & Special Meeting."
ROLL CALL:
Mayor Winingcr - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Item B - R-99-30
Mr. Barczyk inquired about the size of the proposed addition.
MOTION by Bishop/Neuberg~
"i move to approve Resolution No. R-99-30 vacation of easement DiSalvio."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majeher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
Item C - R-99-32
Mr. Bishop asked why the vacation is being requested now if construction is nearly complete; The
City Manager said he would attempt to verify the reason. Ma'. Bishop then inquired whether the
feeder road that runs parallel to CR512 has been considered in this project; and the City Attorney
responded about his review of the feeder road.
MOTION by Bishop/Barczyk
'TII make a motion to approve Resolution No. R-99-32 vacation of easement Ando Building
Corporation, Lots 12, 13, 14 and 15."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger . aye
MOTION CARRIED 5-0
4
Regular City Council Meeting
May 12, 1999
Page Five
DRAFT
12. PUBLIC HEARING - None
13.
INIRODUCTION 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
None.
14. COMMITH~E ~pORTS/RECOMMENDATIONS
99.109
Cade Enforcement Board
(City Clerk Transmittal 5/5199, 2 Applications, Ad, Board List)
1. Interview and Appoint as follows:
a. One Regular Member General Contractor Position - Term to Expire 6/2002
b. One Regular Member Businessman Position - Term to Expire 3/2000
Neither applicant was present for interview.
MOTION by Wininger/Barczyk
"I move to appoint Mr. Cavallo to the general contractor position to expire June 2002."
ROLL CALL: Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
MOTION by Barczyk/Bishop
"I recommend that Elizabeth Griffin be the regular businessman position to expire the year
2000 (March)."
ROLL CALL: Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
Regular City Council Meeting
May 12, 1999
Page Six
DRAFT
15. OLD BUSINESS
99.015 A.
C~,R. McLellan Annual Culvert Contract - Apl)rgy. e Work Qrdcrs 1-4 in the Am0urtt of $53,807.55
and Work Order 1 in the Amount of $22,5~3.55 -Deferrecl from 4/[4/99 (City Manager Tr~smittal
4/21/~9. McLellan Letter, Certificate of Liability. Certificate of Premium Payr~j~k Engineering/
Public Works Transmittal 4/7/99, Work Oj'~lqr~
This item was removed from the agenda during agenda modifications for lack of new information.
16. NEW BUSINESS
99.11o A.
COPS-More G-rant to Automate Polic~ K~ System - Apthorize CityManoge~t to Proceed_with
Purchase of C.,j'j.,~eFile 2000 Field R¢i~orting Systems for Police Degartm~nt from USA Software,
Mc. - Sole Source (Police Chief Transmittal 4128199,
MOTION by Wininger/Bishop
"I move to authorize the City Manager and Police Chief to proceed with the purchase of the
above listed items as requested, and these above listed items are noted on page circle 95.'
Chief White responded to questions regarding sole source and previous purchases related to the
system.
ROLL CALL: Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barezyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Approve Final One Year Contract Extensior~ with Applied Aqusati¢ Weed Control Including Change
Order No. 1 for a Total of $35,340 to E.-,,pir~ 5/19/2000 (City Manager Transmittal 5/3/99,
Contrac0
MOTION by Wininger/Barczyk
"I move to approve a final one year contract extension between the City of Sebastian and
Applied Aquatic Management, Inc. including change order # 1, expiring on 5/18/2000 total amount
of $35,340 and that amount of money includes change order # 1."
ROLL CALL: Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
RegularCityCouncilMeeting
May12,1999
Page Seven
DRAFT
99.112 C.
Resolution Iqo. K-99-31 - Sebastian Lakes PUD Ym.b4iv. Bioll ?base I Final Plat Approval (Public
Works/City Engineer TransmiCal 5/6/99, R-99-3 I, Final Plat Under Sei2arato Cover)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
SUBDIVISION KNOWN AS SEBASTIAN LAKES PUD PHASE I; PROVIDING FOR CONDITIONS THEREOF; PROVIDING FOR
LAPSE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-31 by title.
Warren Dill, representing Lennar, provided an overview of the entire project which showed ingress and
egress.
The City Attorney inquired whether this is an item that can go back on a consent agenda. It was the
consensus of City Council to place final plat resolutions on consent agendas in the future.
Eva Scofield, said she would like to see an access from Laconia.
TAPE I- SIDE II (7:47p. m.)
MOTION by Neuberger/Wininger
"I move to adopt Resolution R-99-31."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
99.o12 D.
Consider Bpproval of GolfProfessional Services Al0'eement Between City of Sebasti,~n and Cel~jan
Golf Ente~rise$, Inc. and Authorize. Ci~ Manager to_Execul~ (.CjI:y Attorney Transmittal 5/6/9[}~,.
l.~r~osed Contragt & Current Contras;t)
The City Attorney reviewed his recommended modifications (see attached). He suggested an
addition to the motion that there be an agreement with Mr. Cerjan that the existing agreement is
terminated upon approval of the new agreement.
MOTION by Bishop/Majcher
"I'd like to make a motion then to approve the new contract for Pat Cerjan and his company
and this agreement would supersede his prior agreement and I would authorize the City Manager to
execute."
7
Regular City Council Meeting
May 12, 1999
Page Eight
DRAFT
99.1o~ E.
The following suggestions and inquiries were made:
* Page 146 -2nd paragraph - line 5 - change "we" to "the consultant"
o Page 136 - paragraph B - line 10 - asked if3% was an arbi~'ary figure?
° Obtained a copy of Attachment A. The City Attorney said this was the legal description of
thc restaurant area.
° Obtain a copy of insurance certificate. The City Attorney said he had not received a copy of
the insurance certificate, and that Council could make the approval contingent upon receipt
of insurance certificate.
- Suggestion to better define when Mr. Cerjan will be away
o Lack of reference in thc contract to the employee Mr. Cerjan said he would hire.
o Asking for the Golf Course budget to be submitted prior to his departure.
Greg Gardner, on behalf of Patrick Cerjan, responded to questions from Council.
Mayor Wininger suggested that thc City Attorney be directed to clean up this agreement as.suggested
and bring it back to a special May 19, 1999 meeting. City Council concurred.
Bishop/Majcher rescinded the motion.
ROLL CALL was taken on rescinding the motion:
Mr. Majchcr - rescind
Mayor Wininger - rescind
Vice Mayor Neuberger - rescind
Mr. Barczyk - rescind
Mr. Bishop - rescind
ROLL CALL CARRIED 5-0
The City Attorney said he would do some further cleanup of the contract.
Mayor Wininger called recess at 8:25 p.m. and reconvcned thc meeting at 8:35 p.m. All members
were present. City Council members were reminded to submit their "wish lists" to the City Manager.
Florida Communities Trust Preservation 2000 Or~t - Provide for City Match to Proceed with Grant
Application (City Manager Tr~gljBa[ 5L{j/99~
The City Manager explained that the grant will not be fully funded, that a City match must be
designated, and recommended a $100,000 match. He said it will have to be budgeted out of the
general fund.
The City Engineer said the consultants have advised that a letter from the property agent would be
pan of the grant package.
Regular City Council Meeting
May 12, 1999
Page Nine
DRAFT
TAPE II - SIDE I (8:45 p. mO
MOTION by Barczyk/Majcher
"I'd like to make a motion that agenda item 99.105 to proceed with grant application with
$100,000 city match."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barezyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
99. 082
Eh's[ l~eading of Revised Ordinance No. O-99-03 - Water Restri~fionPlan - $cheduleYl~blic Hearing
for 6/9/99 (Cj~ Attomqy Transmitt~ll 4/22/99
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.
Thc City Attorney read Ordinance No. O-99-03 by title and reviewed the changes he did and did not
make.
Discussion took place on certain items, and consensus of City Council was as follows:
Page 2 - Water shortage emergency definition left as is.
Page 5 - Leave year round restriction hours as stated but add reference to 102-91 Use restrictions
for publJc facilities regarding water use plan
Page 9 - add 102-94 (b) back in to allow A/C nmoffto be used
Page I0 - Section 14 - delete "Until December 1, 1999" - the City Attorney said he will move this
entire provision into 102-79
MOTION by Wininger/Bishop
"I move to approve Ordinance 0-99-03 on first reading with modifications, set June 9, 1999
for the date of the public heating, and authorize advertisement thereof."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
9
Regular City Council Meeting
May 12, 1999
Page Ten
DRAFT
99.113 G.
City Attorney Evaluation (City Manager Transmittal 5/6/99, Evaluations. Minutes Excerpts 2/24/99
~d 4/2!l/99)
TAPE H - SIDE II (9:32 p. mO
MOTION by Wininger/Neuberger
"i will so move that we discuss Mr. Stringer's salary increase a month prior to his one year
anniversary."
ROLL CALL:
Mr. Barczyk - nay
Mr. Bishop - nay
Mr. Majcher - aye
Mayor Wininger - nay
Vice Mayor Neuberger - aye
MOTION FAILED (Barczyk, Bishop, Wininger - nay)
MOTION by BishopAVininger
"I would move to increase Mr. Stringer's salary to $63,000 a year with this being his
anniversary date for evaluations with subsequent pay increases. I would make that effective retro to
April 26, 1999."
ROLLCALL:
Mr. Bishop - aye
Mr. Majcher - nay
Mayor Wininger - aye
Vice Mayor Neuberger - nay
Mr. Barczyk - aye
MOTION CARRIED 3-2 (Majcher, Neuberger - nay)
It was noted that the minutes would be attached to the original contract.
99.114 H.
13arber Street/Tulip Drive Traffic Signalization {City Manager Transmittal 5/6/99, Warrant
Anab, sis)
The City Engineer reiterated her report which states that a traffic signal is not warranted at this time.
MOTION by Barczyk/Wininger
"I recommend that 99.114 recommendation for light at the Barber Street Sports Complex be
disapproved."
10
Regular City Council Meeting
May 12, 1999
Page Eleven
DRAFT
17.
Following input from Vice Mayor Neuberger relative to continuing to study whether a light might be
needed at the fa'e station or the intersection, vote was taken.
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
The City Engineer said the analysis finds no warrants for emergency vehicle access on Barber Street,
however, the City Council has the discretion to decide to install lights if it choose to do so at its
cxpen$o.
Being no further business, Mayor Wininger adjourned thc Regular Meeting at 10:05 p.m.
Approved at the
999, Regular City Council Meeting.
Martha S. Wininger
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
11
ACTION LIST
THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GiVEN AT THE 5/12/99
REGULAR MEETING
All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material
put in chronological order and placed in clips within the file
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.
99.107
99.108
99.109
Ap,o/oval of Minutes - 3/30/99 Orientati~ Meeting, 4/24/99 Sp~ial Meeting. 4/28/99
Regular M~eting, 5/5/99WorkshQp & Spegial - approved
sign, seal - place in book
ResollliiQn No. K-9~-30 - Vacltion of Easemellt - DiSalvio - Lot 2 8t_3, Block 108, SH U~[
2 ~ adopted
sign, seal - copy to file, counter, applicant, GMD
record original
update \wp-res~r~99 as to adopted date
blue back original when returned - file vault - 99 ORIG RES
file backup in vault - VACATION OF EASEMENT
note location of backup folder on green sheet filed in RES BACKUP
Resolution No, R-99-32 - Vacation ofI~asement- Ando Building Corporation - LOB 12. 13.
14, and 15.. Block 185. SH Unit 8 - adopted
sign, seal - copy to file, counter, applicant, GMD
record original
update \wp-res~r-99 as to adopted date
blue back original when returned - file vault - 99 ORIG RES
file backup in vault - VACATION OF EASEMENT
note location of backup folder on green sheet filed in RES BACKUP
Code Enforcement Board Interview and Appoi0t as follows: a. Orle Regular Member
General ~ontractor Position - Term to l~xpire 6/2002_b. Ope Regular Member Busipessman
Position- Term to Expire 3/2000 - Cavallo reappointed to contractor 6/2002 and Griffin
appointed to businessman 3/2000
copy minutes to file
letters to Cavallo and Griffin (no backup required)
update handbook and distribute pages
file vault - BOARDS/COMMITTEES - Code Enforcement
99.015
99.110
99.111
99.112
C.R. McLellan Annual Culvert Contract - Approve Work Orders 1-4 in the Amount of
$53,807.55 and Work Order 1 in the Am0~t of $22,553.55 - Deferred from 4/14./.99 -
withdrawn for lack of further information
copy minutes to file
file pending credenza
COpJ-_More Grant to Automate Poli~:~ Px~ords System - Authorize City M~l.ager to
Proceed with P.~c,l~e of CrimcFile 2000 Field Reporting Systeros for Police D~p0x~nt
from USA $_9ftware, Inc. - Sole Source - approved
copy minutes to file
file vault - POLICE DEPT. - Grants - COPS-More
Approve Final One Year Contra~:t.~tension with Applied Aguatic We~d Control Including
Chaage Order lqo~ l for a Total of $35.340.t0 Exgire 5/19/200_Q - approved
copy minutes to file
Jean and Paul will follow up on renewal
obtain one original renewal for vault - AGREEMENTS - Miscellaneous -Applied Aquatic'
update \wp-files\agreemen.wpd
Re~ol~11[on No. R-99-31 - Sebastian Lakes pI. JD Subdivision Ph0se I Final Pl0t Approval -
adopted
sign, seal res - copy to file, counter, City Engineer, GMD
Mayor an d City Clerk to sign final plat after ALL conditions are met (Letter of credit in a
form approved by City Attorney and easement for stormwater managment approved by City
Attorney and City Engineer)
obtain check for recording and once plat is fully executed - record plat - check with City
Attorney on letter submitted by Dill
blue back resolution and file vault - 99 ORIG RES
file backup in vault - PUDS/SUDDIVISIONS - Sebastian Lakes
note location of backup folder on green sheet filed in RES BACKUP
update \wp-res~r-99 as to adopted date
obtain paper copy of final plat for backup file
2
99.012
99.105
99.082
99.113
99.114
Consider Approval of Goff Professional Services Agreement Between City of Sebastian and
Ce0an Golf Enterprises. Inc. and Aul,hofize City Manager to Execute - revised and back on
5119199 special meeting
copy minutes to file
obtain amended contra~t for distribution
file special meeting
l?lgrida Communities_Trust Preservation 2000 Grant - Provide for City Match tO Proce~l
with Grant Application - staff directed to proceed with $100,000 match for $300,000
grant
copy minutes to file
file pending credenza
First Reading of Revised Ordinance No. 009-03 - Watel' Restriction Plan - Schedule Public
I~I~afing for 6/9/99 - approved as revised on first reading - ph 6/9/99
obtain amended ordinance from Attorney
advertise ph in legal notices on 5/26/99 for 6/9/99
file pending credenza
~JtY Attorney Evaluation - raise to $63,000
copy minutes to file in AGREEMENTS - Miscellaneous - Stringer
Barber Street/Tulip Drive Traffic Signalizatio[l ~ denied
copy minutes to file
file vault - STREETS
ii
I
eib/of Sebastian
1225 Main 5tre~t D 5ebo~i~n, Florida 32958
Telephone (561) 589-5330 ~ F~ (561) 589-5570
E-Meih ci~seb~iu.ne$
SEBAS~N C~ COUNC~
AGENDA
REGULAR MEETING
WEDNESDAY, MAY 12, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN 1TIE OFFICE OF TIlE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the Citr Councii with respect to agenda items immediate~ before deliberation of the item by the CiO' Council - limit often
minutes per speaker (Ro99-21)
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Mike Lyle - First Church of the Nazarene
ROLI~ CALL
AGI~NDA MODIFICATIONS (ADDITIONS AND/OR DF~LETIONS)
Items not on the written agenda may be added only upon a majoriO, vote of Cio' Council members (J~-99-21)
6. PROCLAMATIONS, ANNOUN(~MENTS ANDIQg PRESENTATIONS
7. CITy ATTORNEY MATTERS
9.
10.
CITY MANAGER MATTERS
CITY {~'LERK MATTERS
CITY COUNCIl,, MATTERS
A. Mr. Bishop
B. Mr. Majcher
C. Mayor Wininger
D. Vice Mayor Neuberger
E. Mr. Barczyk
99.107
31-46
99.108
47-60
99.109
61-69
99.015
71-94
11.
12.
13.
14.
15.
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agnmda item~ unless a member of CiO, Council zo requests; in which evenl~ the item will be removed and acted upon separately.
Approval of Minutes - 3/30/99 Orientation Meeting, 4/24/99 Special Meeting, 4/28/99 Regular
Meeting, 5/5/99Workshop & Special
Resolution No. R-99-30 - Vacation of Easement - DiSalvio - Lot 2 & 3, Block 108, SH Unit 2
(Growth Management Transmittal 5/6/99, R-99-30, Application, Site Map, Staff Report, Utility
Letters)
A RESOL~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA VACATING A PORTION OF
CERTAIN EASEMENT OVER LOTS 2 & 3, BLOCK 108, SEBASTIAN I~GHI. oklqDS UNIT 2; PROVIDING FOR
CONFLICTS HEREWYIVH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-99-32 - Vacation of Easement - Ando Building Corporation - Lots 12, 13,
14, and 15, Block 185, SH Unit 8 (Growth Management Transmittal 5/6/99, R-99-30, Application,
Site Map, Staff Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEB~, INDIAN RIVER COUNTY, FLORIDA, VACATINO A PORTION OF
CERTAIN EASEMENT OVER LOTS 12, 13, 14 AND 15, BLOCK 185, SEBASTIAN FiIGHLAlqDS UN1T 8; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
PUBLIC HEAR]~(~ - None
It~iTRQIIUL-~ION OF NEW tlUSINESS_EROM THE PUBLIC
Item that has occurred or wa.~ discovered within the previou$ six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
COMMITTEE REPORT~J{RE COMM]~IDATIONS
Code Enf. orc~ement Boar~l
(City Clerk Transmittal 5/5/99, 2 Applications, Ad, Board List)
I. Interview and Appoint as follows:
a. One Regular Member General Contractor Position - Term to Expire 6/2002
b. One Regular Member Businessman Position - Term to Expire 3/2000
OLD BUSINESS
Ao
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 from 4/14/99 (City Manager Transmittal
4/21/99, McLellan Letter, Certificate of Liability, Certificate of Premium Payrnent, Engineering/
Public Works Transmittal 4/7/99, Work Orders)
16. NEW BUSINESS
99.11o A.
95-97
COPS-More Grant to Automate Police Records System - Authorize City Manager to Proceed with
Purchase of CrimeFile 2000 Field Reporting Systems for Police Department from USA Software,
Inc. - Sole Source (Police Chief Transmittal 4/28/99, Quote)
99,111 B.
99-125
Approve Final One Year Contract Extension with Applied Aquatic Weed Control Including Change
Order No. I for a Total of $35,340 to Expire 5/19/2000 (City Manager Transmittal 5/3/99,
Contr~t)
99.112 C.
127-129
Resolution No. R-99-31 - Sebastian Lakes PUD Subdivision Phase I Final Plat Approval (Public
Works/City Engineer Transmittal 5/6/99, R-99-31, Final Plat Under Separate Cover)
A RESOIA. rHON OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
$UBDM$1ON KNOWN AS SEBA,gTIAN LAKES PUD PHASE I; PROVIDING FOR CONDITIONS THEREOF; PROVIDING FOR
LAPSE; PROVIDING FOR CON}]~CT$ HEREWrrH; PROVIDING FOR EFFECTIVE DATE.
99.012 D.
131-148
Consider Approval of Golf Professional Services Agreement Between City of Sebastian and Cerjan
Golf Enterprises, Inc. and Authorize City Manager to Execute (City Attorney Transmittal 5/6/99,
Proposed Contract & Current Contract)
99.105
149-150
Florida Communities Trust Preservation 2000 Grant - Provide for City Match to Proceed with Grant
Application (City Manager Transmittal 5/6/99)
99,082 F.
151-163
First Reading of Revised Ordinance No. 0-99-03 - Water Restriction Plan - Schedule Public Heating
for 6/9/99 (City Attorney Trammittal 4/22/99
AN ORDINANCE OF THE CITY OF SEBAb'TIAN, INDIAN RIVER COUNTY, FLOR.IDA, AMENDING THE CITY O~r SEBASTIAN
WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN
EFFECTIV~ DATE.
99.115 G.
165-178
City Attorney Evaluation (City Manager Transmittal 5/6/99, Evaluations, Minutes Excerpts 2/24/99
and 4/28/99)
99.114 H.
179-182
Barber Street/Tulip Drive Traffic Signalization (City Manager Transmittal 5/6/99, Warrant
Analysis)
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
ANY PER~ON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COI~TNCII, WITH RESPECT TO ANY MA TTER CONSIDERF_.D A T THIS MEETING
(OR HEARING) WILL NEF_D A RECORD OF THE PROCF_.F2)INGS AND MA Y NEF_D TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TE3'TIMONY AND EVIDENCE UPON t~qtlCH THE APPEAL IS TO BE HEARD. (286.0105 F,S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). ANYONE llqIO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SIIOULD CONTACT THE C1TY*S ADA COORDINA TOR AT 589-55 30 AT LE4ST 48 HOURS fN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
l,/l~¢0ming Meetings:
· Wishlist Workshop - Wednesday., 5/19/99- 7pm
· RegularMeeting- Wednesday, 5/26/99- 7pm
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
SEBASTIAN CITY COUNCiL
SPECIAL MEETING
CITY MANAGER INTERVIEWS
SATURDAY, APRIL 24, 1999 - 9:00 a.m.
CiTY COUNCIL C/lAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Wininger called the Special Meeting to order at 9:a.m.
She announced that the purpose of this meeting is to interview candidates £or City Manger.
The Pledge of Allegiance was Recited and a moment of silence was observed for guidance.
ROLL CALL
City Council Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
MA'. Jo¢ Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
~.taff Present;
City Clerk, Kathryn M. O'Halloran
Administrative Assistant, Linda Galley.
City Council Special Meeting
April 24, 1999
Page -2-
The Mayor shared that the interviews would be 45 minutes long with a break in between
to make notes. She proposed the following procedures to the Council:
1) Welcoming the candidate, introduction of Charter Officers, Staff and Council.
2) Request the applicant to give a presentation about himself for approximately 5 minutes.
3) The Council will question the applicant, one question at a time in rotation. Mrs. Wininger suggested that
the first candidate start with Vice Mayor Neuberger then Mr. Majcher, herself, Mr. Barczyk and Mr. Bishop.
The second candidate will commence with Mr. Majcher and will continue around, the third candidate with Mr.
Barczyk, the fourth with Mr. Bishop. She noted she omitted herself as number one to include Mr. Bishop.
4) After questions are completed the candidate will present a summation.
It was the consens-us of the Council that the stated format was acceptable.
The candidates were called in the following order:
CITY MANAGER INTERVIEWS
JOHN VAN ANTWERP
9:00 A.M.
ERIC S. MESERVE
I0:00 A.M.
TERRENCE MOORE
11:00 A.M.
City Council recessed between interviews
RECESS FOR LUNCH NOON
Mayor Wininger called a lunch break at 11:55A. M.
ARer the lunch recess all members of the Council were present.
COHEN L. BOND 1:30 P.M.
The Mayor asked for opinions on how to choose the order in which the applicants should be ranked. It
was consensus of the City Council that the votes should be weighted. The Council was in unison with
the weighting to be as follows: the first place applicant should be a 4, the second place applicant should
be a 3, and right down the line.
After an in-depth discussion it was also the consensus that all four applicants be investigated by the
Human Resources Manager. This investigation to be started Monday, April 26. At this time is was
decided to put this item on the agenda of Regular Meeting, April 28, 1999 for the scoring of the
applicants.
Special City Council Meeting
April 24, 1999
Page -3-
The Mayor noted that the City Clerk did the matrix the last time and requested that she work with Mr.
Samolewicz, and when the City Clerk replied in the affirmative, the Mayor noted the matrix.
The Mayor recognized Richard Smith, Carnation Dr., who spoke relating to background checks and
production.
Also recognized was Tut Connelly who related his experience with background investigations.
Being no further business to come before the City Council the meeting
4. ADJOURN at 3:00p.m.
Approved at the
,1999, Regular City Council Meeting.
Martha S. Wininger
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
2.
3.
4.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 28, 1999 - 7:00 P.M.
CITY COUNCIL CItAMBERS
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 Sam SuRer, Cornerstone Baptist Church.
RQ~CAL~
City C0~;i| Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff?r~
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Finance Director, Mark Mason
Chief of Police, Randy White
Public Works Director, Terry Hill
Ci.ty Engineer, Martha Campbell
Human Resources Director, Rich Samolewicz
Deputy City Clerk, Sally Maio
Regular City Council Meeting
April 28, 1999
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS]
Items not on the written agenda may be added on~ upon a majority vote of CiO~ Council members (R-99-21)
Following discussion, Old and New Business on the agenda were amended by consensus of Council as
follows:
Old I~iness:
A. 99.015 - C.tL McLellan Annual Culvert Work Orders 14 and Work Order 4
B. (Added) - City Manager Applicant Ranking
C. (Added) - Florida Communities Trust Preservation 2000 Grant
New Business:
A. 1.
B.
C.
F.
G.
H.
99.102 - Discuss Golf Course Operation Proposal and Direct City Attorney Accordingly
99.104 - Direct City Manager Re: Sfillman Retaining Wall Reimbursement
99.094 - First Reading of Ordinance No. 0-99-04 Fiscal Year 98/99 Budget Amendment
99.096 - Resolution No. R-99-25 Prohibiting Parking on East Side of Indian River Drive
99.099 - Resolution No. R-99-29 - Tested Trades
99.100 - Transportation Enhaneemeat Project
99.101 - Waive Sealed Bid and Authorize Staff to Negotiate Contract with Rcgan Masonry for
Concrete Work for One Year (this item was not addressed and deferred to 5/5/99)
~ following items were deferred to a ~vorksh01~ and special meetingon May 5_1999.
99.083 Deferred I. Wish List Meeting .-
99.084 Deferred J. Quarterly Open Forums
99.085 Deferred K. Town Hall Meeting
99.082 New Business A. First Reading of Ordinance No. O-99-03 - Amending Water Restriction
Plan and Imposing Permanent Water Use Restriction
99.097 New Business D. Resolution No. R-99-26 - CWA Memorandums of Understanding
99.098 New Business E. Resolution No. R-99.27 - PBA Memorandums of Understanding
99.103 New Business J. Filbert Street Property
6. PROCLAMATIONS. ANNOUNCI~MENTS AND/ORI~RESENTATIONS
99.088
Presentation of Ce,,gificates of Appreciation to Members of Boy Scout Troop 599 Traffic Control
Al~i~lartcc D~iog Business Expo at Jlivcry.'t~-w Park- Joseph, Collins, David Albu~iln
Barbour, Brian Collins, Michael D~:an. Bryan Frank, and Adam Veidt
Mayor Wininger and Chief White presented certificates of appreciation to members of Boy Scout
Troop 599.
99.089
Presentation of Certificates - Slairley Kilk~ILv and Clay Fielding - Former Tree Advisqry Board
Members
Mayor Wininger presented a certificate to Clay Fielding. Mrs. Kilkelly was not in attendance.
Regular City Council Meeting
April 28, 1999
Page Three
99.090
C. Proclamation - Law Day - M~ 1. 1999
Mayor Wininger presented the Law Day proclamation.
99,091
Proclamation - Municipal Clerks Week - May 24. 1999 - Ci~ C,l.erk, Kathr~ O'Halloran Acc~ting
Mayor Wininger presented the Muncipal Clerks Week proclamation to City Clerk, Kay O'Halloran.
99.O92
E. Proclamatioll - Tourism Week - M~ 24, 1999 - Jane Bishop and Lori Burn~ Accel~ting
Mayor Wininger presented the Tourism Week proclamation to Jane Bishop and Loft Burns.
99.093
?reclamation- Nltional Nurses Week - May {~- 12, 1999 - Inez FieldjBg. Florida Nurses Association
Accepting
Mayor Wininger presented the National Nurses week proclamation to Inez Fielding. :
7. CITY ATTORNEY MATrEI~
Requested that the issue of clearing vacant properties be added to the May 5, 1999 workshop agenda.
There was no objection.
8. CITY MANAGFJI MATTERS
Reported that the Growth Management Depamnent will mail alarm permit applications if someone
has a spedal circumstance.
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.
9. CITY CLERK MA_.~RS
No~e.
10. CITY COUNCJL MATTER~
A. Mr. Baru~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.
Mr, Bishop
None.
Regular City Council Meeting
April 28, 1999
Page Four
C. Mr. Majcher
None.
D. Mayor Wininger
Reported on an inaccurate report in the Press Journal.
Denied a minor circulating that she and her 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. Vice Mayor Neuberger
Received a report from the Chief on a piggyback alarm ordinance which he will bring to Council
shortly
Mx. 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 DEFI~RRED FROM THE APRIL 14. 1999 REGULAR MEETING
99.083
99.084
99.085
J.
K.
Wish List Mecfing (City Manager Transmittal 4/5/99, 6/24/97 Wi~h List Minutcs)
Quarterly Opea Forums (City Manager Tra~mit~al 4/5199, Minutes Excerpts)
Town Hall Meeting (City Manager Transmittal 4/5/99)
These items were deferred to May 5, 1999.
12.
CONSENT AGENDA
alii item~ on the con~t agenda are con~idered routine and will be enacted by one motion. There will be no separate discussion of
corm~t agenda it~ns ~less a manber of Ci.tv Council ~o request~; in which even~ 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)
The Interim City Manager read the 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.
4
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I
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Regular City Council Meeting
April 28, 1999
Page Five
13. PUBLIC HEARING - None
14.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
[tern that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up
required- limit of ten minutes for each .rFeaker
Herbert Sturm, 549 Saunders Street, Sebastian - public input and agenda modification procedures.
TAPE I- SIDE II (7:49 PM.)
15. COMMITTEE Ri~PORTS/R]g{~OM.MI~I~DATIO NS
99.065
Charter Review Committo:
(City Clerk Transmittal 4/20/99, Resignation Letter, One Application)
1. Accept Resignation of Steven Munchak
MOTION by Wininger/Bishop
"I move to accept the resignation of Steven Munchak fi.om the Charter Review Committee."
ROLL CALL:
Mayor Wininger - aye
Vic~ 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 - ave
Mayor Winingcr - aye
MOTION CARRIED 5-0
Regular City Council Meeting
April 28, 1999
Page Six
Bo
Recreation Advisory Board
(City Clerk Transmittal 4/20/99, Resignation Letter)
99.009
1. Accept Resignation of Nancy Pfister
MOTION by Barczyk/Bishop
"I move that we accept the resignation."
ROLL CALL:
Ma'. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
Tr~ ~,~l~'is0lx Bg~r~l
(City Clerk Transmittal 4/19/99, 2 Applications, Member List, Ad)
99.089
1. Interview and Al>p~in[ to Two Regular Member Positi.~ with T~ImS to Expire 4/2001
It was noted that Irene Whimey had withdrawn her application.
MOTION by Barczyk/Majcher
"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
16. OLD BUSINES:$
99.015 A.
¢,R. McLellan All0uitl Culvert Contract - Appro~(e Work Orders 1-4 in the Amount 0[$53,807.55
and ~Orli Or0er I in the Amount of $22,553.55 -Defc, rred from 4/14/99 (City Mgnager Transmittal
4/21/99. M~:CkJl~Lctter, Certificate of Liability, C~rtificate of Pr~'rniurrt Paymertt. Engin~c, ring/
Public Works Transmittal 4/7/99. Wol. k Ordeea~
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 Neuberger/Wininger
"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. Majcber - 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 foux 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 Ms/her ranking, signed it and provided it to the Human Resources
Director for counting and disclosure.
Mahlyn ???, South Easy, Stxeet, Sebastian, questioned legality of changing criteria and deadlines.
7
Regular City Council Meeting
April 28, 1999
Page Eight
The Human Resources Director announced the results as follows:
Terrence Moore - 15 Eric Meserve - 11
Cohen Bond - 12 John Van Antwerp - 9
He said the background checks have begun and he will report back to Council for final action.
99.105
C. Florida Communities Trust Preservation 2000 Grant ~this item was added to th~ ~genda)
The Imerim 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/Majcber
"I make a motion we appropriate notto exceed $8,230 to Cape Canaveral Scientific in
parsuit of the grant for the piece of property described as the proposed two acres FCT land
acquisition."
It was noted that this was a 100% grant and the purchase price would be negotiated by the state.
TAPE II- SIDE I (8:31 p.m.)
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Mayor Wininger called recess at 8:32 p.m. and reconvened the meeting at 8:47 p.m. All members
were present.
17. NEW BUSlNE$~
99.102
(I.)Discus~ Golf Course Operation Proposal and Direct City Attorney_Accordingly (City Manager
Iransmittal 4120/99, Pml~osak qolf Pro. f¢~ional Services Agreement Between City and Cerjan)
The following individuals addressed City Council in support of Patrick Cerjan's proposal to amend
his contxact to enable him to be off-site during summer months:
- Cranford Spmul, 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)
8
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 the City Attorney for his review and submittal to
Council for action.
99.104 A.I.
(K.) Direct CiW Manager Re: St, illman Retainil~g Wall Reimbursement CCi[v M~ager
Transmittal 4/22[99. Stillman LetterL MGB Construction Packet, Att0rney Memo)
TAPE II-SIDE 11 (9:33 ia. mO
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.
It was suggested that the Stillmans 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.
~.082
Fi~t Reading ot:Ordinanec Ne. 0-99 03 - A~r~gWater Re$tl'iction Pl~j-and imposing
Ixcmltllg;/~ Water Use I~I/~ti,~ - Schedule Second Reading. Pubti~tlearing and Fi~6,,-pfio~I
5/26/99 (CilKA~t~tm7 Tran~nlittat 4/22/99, O-99~03. Curl ent C~le)
Atq ORIgl/Oa~CE OF TIlE CFI'Y OF SEDASTIA/4, INDIAN ~R.COLrNTy, YEORiDA, A/~rl'IDI/;Cr-t~tE C~'¥ OF
SEBASIIAN WA'IT_.R REStRICTIOlq IXlAdqT, PROV~ING FOR COt~FLICTS; PROVIDING FOR SEVERABILITY,
PROVIDING FOR AN EFFECTIVE DATE.
Deferred to May 5, 1999.
99.095 B.
t~Ll~aqling of Ordinance No. O-99-04 - Fiscal Year 1998/[999 Btl~lget Amendment - Schedule
Second Readirlg. Public Hearing~d Final Ad0p~i03 for 5/26/99 ffinance Director Tran~mitt0!
4/21/99, Memo, O-99-04)
Alq ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING AN AMENDED, ADJUSTED AND REVISED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1998 AND ENDING SEPTEMBER 30, 1999 AS PROVIDED FOR IN EXHIBIT "A", GENERAL FUND; EXHIBIT "B",
SPECIAL REVENUE FUNDS; EXHIBIT "C', DEBT SERVICE FUND; EXHIBIT "D", CAPITAL PROJECTS FUNDS;
EXI--IIBIT "E", GOLF COURSE FUND; EXHIBIT "F", AIRPORT FUND; EXHIBIT "G" TRUST FUNDS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-04 by title only.
Regular City Council Meeting
April 2§, 1999
Page
Mayor Wininger complimented the Finance Director on the amendment and noted that new positions
and new equipment purchases have to come before Council.
MOTION by Barczyk/Neuberger
"I'd like to recommend that the ordinance be approved." (passed on fa'st reading, set a date
[5/26/99] and authorize adv~iscmen0
ROLLCALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barezyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
99.096
lKesohtion Nc/. R-99-25 - thxahibiting Parking on East Side of lodian Riyer Drive - R~peal$.'R,-_97-67.
tt91jce Chief Transmjllal 4/28/99. R-99_-25)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION
NO. R-9747, ESTABLISHING 'lqOPARKING ON THE EAfiT SIDE OF INDIAN RIVER DRIVE' PURSUANT TO O-97-
55; PROVIDING FOR REPEAL OFINCONSISTENT PROVISIONS; PROVIDING FOR SEVERABiLITY; PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-25 by rifle only.
Discussion took place on tho difference between parking restriction and prohibition; and the
availability of parking for certain businesses on the west side.
TAPE 1II - SIDE I (1 O: 22 p. mO
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:
M~or Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barezyk - aye
Mr. Bishop - aye
Mr. Majcher - ave
MOTION CARRIED 5-0
l0
Regular City Council Meeting
April 28, 1999
Page Eleven
99.097 D.
99.099 F.
Rc;,~ohtion No. R-99-26 - Pauenchnent~ to ernmnunic~tion$ W~.rkers of 3alleriea (C'~¥A) Contract
(llumatr:~¢srautees- :FZ<$rllj~tS} 4tc2-t/~9. R-99-~6. Exhibjt~
A IIESOLLryK)N OF 'HIE CITY OF SEDASTIAN, tNt)IAN RIVER COUNTY, FLORIDA, ADOPTI~;C TIlE
i~,fl]MORANDUM~OF LrNDERST~ ?O TIlE COI.I.¥CIWE DAR(iAII'it~R3 ACREDdtENT t3-Y AND DETWEL~
TIlE CITY OF SEBASTIAN A~D TIlE COMMUNICATIONS-WORKERS OF AMERICA, PROVIDING ADDrl'I~S
AND CIIANGES OF SUCII WORDING IN DUES DEDUC~qON, NII$C£LLANEOUS PAID LEAVE, SICK LEAVE,
AhrI~AL LEAVE, IIOLIDA¥S', FROMOTIONS, TRANSfER:S, AND ADJUStbtL-24q's AND RETIREML~rr
COhqeRIBLr'FION I~ TIIE CONTRACTACREEML'NT, ia.ROVIDI}K; FOR REIXEAL OF RESOLLrl'IONS OR PARTS
OF RESOLDTIO/q~IN COHYLICT }IER~VITIIg-AND t'ROVIDIN. C FOR Alq EFFECTFVE DATE.
Deferred to May 5, 1999.
~caohition No, R-00-27 - Amendments to-Florida Policc E~cnevolcnt As~ciatiore(I'BA) Contract
[I'lmnan Resources Ti ansmittal 4/21/99, Ra:)0~26, Exhibits)
A t~ESOLUTION OF TIlE CFFY OF SEBASTIAN, tlCDIAN RIVER COLd, fy, FLOILIDA, ADOldTIN. G TIll
MEb~f~ OF UNDERST~ TO TIIE COt/~ECTIVE B'ARGAtN'ING AC~dENT DY AlqD DETWED~
TIIE CFfY OF SEBASTIAN AND 'HIE COASTAL YLORI~A POLICE 13ENE¥OLL~ff ASSOCIATION, INC,
PROVIDING FOR CttANGES OF SUCII AN/qL/AL ~athSD SICK ACCRUAL RATES IN TItE CO~/FFRACT AGR.EE~hvr,
PROVtDI/I~ FOR REPEAE OF ~b~FIO/4S OR PAR?S OF RESOLUTtO[~S I/q CO~LICT tllRE-WtTII, AND
PROhrtDINC FOR ~ E1TEC~ DATE~
Deferred to May 5, 1999.
Resolution No, R-99-29 - Tested Trades (Tr0nsmittal 4/22/99,.R-99-29, Construction Board
Minutcs~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LIST OF
TESTED TRADE TO INCLUDE ~D MASTER ELECTRICIAN; ESTABLISHING TERMS THEREFORE;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-29.
MOTION by Neuberger/Barczyk
"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. Barc~k - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
11
Regular City Council Meeting
April 28, 1999
Page Twelve
99.100 G.
99.101 H.
18.
Traaml~ortatiollj~nhancement Project - Authorize Staff to Prcp~r~Applicatiqn to Metropolitan
Planning Organization for Sidewalks and Education, Trail (Public Works/City Engi~er Transmittal.
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. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Waiv~ Sealed Bid Procedure and Authg. fi~ Staffto Negotiate Contract x, vith Regan Masonrg for_
Concrete Work for One year (Public Works/Purchasing Tr.a!~mittal 4/16/99LPurchasillg Agent
Letter and 3 Phone Ougtes)
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
MayorWininger - aye
ViceMayorNeuberger -aye
Mr. Barczyk -aye
MOTION CARRIED 5-0
~i~.5.us~ ~ Usc of FiltL~t StrcetPrg~rkv and Direct Staff Accordingly(City Managcr Trammittp, t
4122/99, Mal~ of lXr!:~g~ty "Trot 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
Approved at the
Kathryn M. O'Halloran, CMC/AAE
City Clerk
,1999, Regular City Council Meeting.
Martha S. Wininger
Mayor
13
MINUTES
SEBASTIAN CITY COUNCIl,
ORIENTATION MEETING
TUESDAY, MARCH 30, 1999
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Wininger called the Orientation Meeting to order at 9:50a.m.
The mayor stated that the members of the Council are able to ask questions of the Department
Heads or make comments. She then introduced the Interim Manager John VanAntwerp who
gave a brief introduction of this informal meeting.
The following persons represented their departments:
Kathryn M. O'Halloran, City Clerk
John L. VanAntwerp, Interim City Manager City Council
City Council - Employee Relationship
Office of City Manager
Airport
Paul Wagner, Purchasing & Contract Administrator/Asst. To City Manager
- Purchasing & Contract Administration
Finance, Mark Mason, Director
Legal, Pdch Stringer, City Attorney
Police Department, P, andy L. White, Police Chief
Building Department, George Bonacci, Building Official
Growth Management, Tracy Hass, Director of Growth Management
Special City Council Meeting
Orientation
March 30, 1999
Page -2-
Engineering/Public Works
Terry Hill, Director, Public Works
Administration/Engineering
Roads & Drainage
Parks & Mowing
Building Maintenance
Central Garage
Cemetery
Martha Campbell, City Engineer
Engineering
Capital Project Report
Human Resources Department
Richard Samolewicz, Director
Golf Course
Patrick Cerjan, Golf Pro-Manager
After Police Department, Randy L. White, Chief of Police presentation Mr. Van Antwerp
announced that the Council would now hear Mr. Paul Wagner, Purchasing & Contract
Administration/Asst. To City Manger - Purchasing & Contract Administration.
The Mayor noted that there were a number more of Departments to be heard fi.om and asked the
City Manager how he wished to handle the meeting. Councilman Neuberger requested that the
Council, at this time hear George Bonacci, Building Official, Building Department. At the
conclusion of this presentation the City Council ADJOURNEDat 11:55 a.m. for lunch.
Mr. Van Antwerp noted that the Department Heads that had given their reports do not have to
return after lunch.
The Council reconvened at 1:30 p.m. and all members of the Council were present.
Growth Management
Tracy E. Hass, Director
Public Works
Terry D. Hill, Director and
Martha Campbell, City Engineer
Special City Council Meeting
Orientation
March 30, 1999
Page -3-
Human Resources
Rich Samolewicz, Director
Golf Course
Patrick J. Cerjan, Director/Contractor
Being no further business to come before the City Council the meeting adjourned at 3:00pm
Attest:
Kathryn M. O'Halloran
City Clerk
Martha S. Wininger
Mayor
i
SEBASTIAN CITY COUNCIL
WORKSFIOP
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 Allegiance was recited and there was a moment of silence.
ROlkL CALL
~ity Co,oil Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
~taffPr?sen[;
Interim City Manager, John Van Antwerp
City Attorney, R/ch Stringer
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Finance Director, Mark Mason
Human Resources Director, Rich Samolewicz
Deputy City Clerk, Sally Maio
City Council Workshop
May 5, 1999
Page Two
99.083
99.084
99.085
99.082
WORKSHOP ITI~M$
(ITEMS FOR DISCUSSION ONL Y)
A. Wish l~ist Meeting (City Manager Tran~m/ttal 4/5/99, 6/24/97 Wish~List Minuteo]
It was the consensus of City Council to schedule the wish list workshop for Wednesday, May 19,
1999. Mayor Wininger advised City Council to submit their items ahead of time to the City
Manager so he can place them on the agenda. Discussion took place on prioritizing previous Council
wish list and quarterly forum input
B. Ouarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excepts)
It was the consensus of City Council to schedule the quarterly open forum for June 30, 1999. Again
it was suggested to prioritize remaining items left unresolved, and to review items on the pending
agenda item list at the May 19, 1999 wish list workshop.
C. Tom Roll Meeting.£Cily Manitger Transmittal, 415199)
It was the consensus of City Council to place discussion and scheduling of a town hall meeting on an
agenda in early September.
Do
Or0itl01lce No. 0_-99-03 - AmendillgWater Restril;tion Plaa_and Ilrtllosing Permanent Waler Use
Rest/jction - Seh~ule S~eomt Reading, Publi~ }[¢~ring an4 Final ^doption for 5/26/99 (City
Attom~ Transmittal 4/22199, 0-99-03, Curr~llt Code)
AN ORDINANCE OF THE CITY OF S~, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN
WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney distributed an alternative ordinance with greater enforceability for Council review
and explained the changes (see attached).
Mayor Wininger suggested minor amendments as follows:
Page 1 - delete the third whereas clause
Page 2 - 102-77 definitions delete "This" and replace with "The above list" under
Page 2 - 102-77 definitions delete "shortage"
Page 4 - clear up inconsistency between 102-80 and Page 7 102-84 (e) regarding cleaning and
repairing irrigation systems - this was left as is following later discussion
Page 8 - 102-91 add that the Ci~ Manager has the authority to revise, amend or approve the water
use plan
Page 8 - 102-94 - concern for unenforceability of (b) regarding AC temperature
Page 9 - 102-95 (b)(2) reverse penalty amounts $150 and $250
Vice Mayor Neuberger suggested language relative to requiring rain sensors.
2
City Council Workshop and Special Meeting
May 5, 1999
Page Three
Mr. Bishop requested a clarification on noncommercial vehicle washing.
99.097
R~olutionNo. K-99-26 - Amendments to Communications B(orkers of America (.CWA) Contract
(l~aman Resources Transmittal 4/21/99, R-~9-26, Exhibits)
A RESOLLrrION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMOP..ANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COMMUNICATIONS WORKER~ OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES
DEIXICrlON, MISC~ PAID LFAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND
ADJUSTMENTS AND REI~REMI~NT CONTRIBI.rHON IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RE,SOlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The Human Resources Director responded to questions from Council.
TAPE I- SIDE II (7:47p. m.)
Discussion continued. No changes were made.
99.098
g.esolution No. R-99-27 - Amendments to Florida Police Benevolent Assoqigtion 0aBA) Contra~:.t
{l-Iuman Resources Transmittal 4/21199. R-99-26, E,xllibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO TItE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, [NC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND
SICK ACCRUAL KATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
No questions. No changes made.
99.103
Discuss the Use of Filbert Street Property and Direct Staff Accordingly (Cily Mallager Transmittal
4/22/99, Mop of Prol~ra'17 "Tract D")_
Betty Burgess, Filbert Street, said property owners would like a nice passive park like Hardee Park,
not lighted with benches, picnic tables. She said neighbors will help and if Council would like a
committee they would be willing to help.
Vice Mayor Neuberger suggested there be some lighting for security and agreed with a passive park.
Mr. Bishop agreed with passive but noted a need for some type of facilities for children as well as
adults and was in favor of a committee of residents in the area.
99.106
H. Clearing Btush..frg. rn l, Jrlimi~rov~dJ, ots (New Item- N_.o Backup)
The City Attorney advised that Council could take several different directions, i.e. 1) do nothing;
2) go to the extreme and make people clear all unimproved lot; or 3) go to the middle ground and
make people clean up piled up debris.
City Council Workshop and Special Meeting
May 5, 1999
Page Four
99.083
99.084
Discussion took place on possible City liability where overgrowth from lots blocks fight-of-way;
people throwing debris on adjacent unimproved lots; and enforceability of current code language
relative to harboring snakes and rodents.
There were suggestions to go middle ground, obtain model ordinances and utilize better parts,
require previously cleared lots to be maintained, to keep unimproved lots clear of underbrush, and to
educate people as to what they can and cannot clear.
The City Manager said suggestions will be compiled and brought back to a future workshop.
ADJOURN W_ORI~HOP AND CAI~J~ ~;J~ISL'-?IAL MEETING TO ORDER
Mayor Wininger adjourned the workshop at 8:15 p.m. and called the Special Meeting to order at 8:30 p.m.
All those in attendance for the Workshop were in attendance when the Special Meeting convened.
SPEL--~AL M~;TING ITEMS FOR. CITY COUNCIL ACT_ION
A. Wish_List M~ting (City M~i~ger Transmittal 4/5[99. 6/24/97 Wish List Minutes)
MOTION by Wininger/Majcher
"I move that the Council have a wish list meeting on May 19, 1999 at 7:00 p.m. and that
each Council member submit items that he or she wishes to discuss at this meeting to our .City
Manager."
ROLL CALL: Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
B. Ouarterly Olden Forums(Cjl~' Manager Transmittal 4/5/99, Milllates Excerpts)
MOTION by Wininger/Barczyk
"I move that our next quarterly forum be held on Wednesday, June 30th at 7:00 p.m."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
4
City Council Workshop ami Special Meeting
May 5, 1999
Page Five
99.085 C.
99.082 D.
99.097
Town Hall Meeting (.Ci~ Manager Transmittal 4/5/99}
MOTION by Wininger/Barczyk
"I move that we reschedule discussion of the town hall meeting to the fa'st part of September
of this year."
ROLL CALL:
Ma-. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
First Ro0glirltg of Ordi/~all~.Ng~ 0-99-03 - Amending V~ater Resection Plan and ~pos~
~e~ent Water Use R~ction - Sc~dule ~nd Readin~ ~blic [~ng ~Fin~ Adoption f~
5~'~ (C~ AUom~ Tr~smigal 412~99, 0-99-03. C~ent ~e)
AN ORDINANCE OFTH~ CITY OF SEBAS'llAN, 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 inquired whether it was the wish of Council that the alternative ordinance with
amendments made at this workshop be brought back for first reading on May 12, 1999.
MOTION by Wininger/Neuberger
"I so move."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wi/finger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
Rcaolution No. R-99-26 - An~endment~ 2o Cornm~j~tions Workers of Aroc~ca (CWA) Contract
(Humao_R~_oxKr,.cs Tr~smittal ~t/21/99, R-99-26, Exhibit]
A RF.3OLUTION 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 33,1ERICA: PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES
DEDUCTION, M1SCE~'S P.~D LEAVE, SICK LEAVE, ANN1JAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND
ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF
REfOLDTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
City Council Workshop and Special Meeting
May 5, 1999
Page Six
99.098 F.
The City Attorney read Resolution No. R-99-26 by title.
MOTION by Neuberger/Barczyk
"I move R-99-26 be approved as amended."
(There were no amendments made to this resolution)
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
gesolution No. R-99-27 - Amendments to Florida Police Benevolent Association ~BA) Contract
(I-lmm l~¢~ur~¢~ Tx~mi~l 4/:~1/99. R-99-26, Exhibits)
A RF_.,.qOLI.rlION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& ADOPTING THE MEMORANDUMS OF
UNDERb-'TANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COASTAL FLORIDA POLICE BENEVOLENT AS.SOC~TION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND
SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLI. rrlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-27 by title.
MOTION by
"I move Resolution R-99-27 be approved as amended."
(There were no amendments made to this resolution)
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
City Council Workshop and Special Meeting
May 5, 1999
Page Seven
99.103 G.
99.1Ol H.
Discuss the Use of Filbeq $1xeet Property and Direct Staff Accordinglst (City Manager Transnlittal
4/22/99, Map of Property
MOTION by Wininger/Barczyk
"I move that we direct the City Manager to discuss with staff the best possible procedure in
developing the park as a passive park, and as Ma'. Bishop recommended items for the the young
children, em. and for the committe, I think the City Manager to discuss with staffhow we should
proceed, grants, etc. etc. and come back to us in thirty days with a recommendation."
Mr. Barczyk asked staff'to look at the fence around the property. Mr. Bishop suggested meeting
attendees from the neighborhood furnish their names and numbers to the City Manager.
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mac'or Wininger - aye
MOTION CARRIED 5-0
Waive Sealed Bid Prc~edur.e and Authoriz; Staffto Negotiate_ContracLwith Regan. M~ggtv fqr
q[~ll~leJ;~..Wo~.for One Year (Public Works/Purchasil~g Transmi~l 4/16/99. Purchasing Agent
~tter and 3 Phone QllO..tes)(Deferred from 4/28/99 for Lack of Time)
Following some discussion on inspections and setting caps for each individual job, motion was made.
MOTION by Barczyk/Wininger
"I'd like to move that agenda item 99.101 be approved on the contract, negotiate a contract
with Regan Masonry for concrete work for one year and waive formal sealed bid procedures."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mac'or Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Being no further business, Mayor Wininger adjourned the Special Meeting at 8:45 p.m.
7
City of Sebastian, Florida
Subject: Resolution No. R-99-30
Vacation of Easement - Disalvio
Lots 2 & 3, Block 108, Sebastian Highlands
Unit 2
Approved for Submittal by:
I Exhibits: 1) K-99-30
EXPENDITURE
REQUIRED: None
Agenda No. ~q,/t0~
Department Origin: Growth Management
(TH)
Date Submitted: 5-6-99
For Agenda of: 5-12-99
2) Application 3) Site Map
AMOUNT BUDGETED:
None
4) StaffReport 5) Utility Letters
APPROPRIATION ',
REQUIRED: None
SUMMARY
This is a request for a vacation of the public utility and drainage easement located on the north five
(5) feet of Lot 2 and the south five (5) feet of Lot 3, Block 108, Sebastian Highlands Unit 2, less
the east ten (10) feet thereof. The owner wishes to construct an addition to his single family
dwelling which will extend on to Lot 3.
Adopt Resolution No. R-99-30.
RECOMMENDED ACTION
RESOLUTION NO. R-99-30
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF CERTAIN
EASEMENT OVER LOTS 2 & 3, BLOCK 108, SEBASTIAN
HIGI:I'LANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, an application has been submitted for construction of an addition to a single
family home across a double lot at 641 Braddock Street within the City of Sebastian; and
WHEREAS, the owner of the land upon which said home shall be built has filed a
request for abandonmem of a portion of the public utility and drainage easement along the interior
lot lines of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities
have all consented to abandonment thereof;
NOW THEREFORE, BE IT RESOLVED BY ~ COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
The City Council of the City of
Section 1. VACATION OF EASEMENT.
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The southernmost five (5) feet of Lot 3, and the northernmost five (5) feet of Lot 2, all
being in Block 108, Sebastian Highlands Unit 2, as recorded in Plat Book 5, Page 35, of
the Public Records of Indian River County, Florida, all less and except the easternmost
ten (10) feet thereof,
all located within the City of Sebastian, Indian River County, Florida
Section 2. CONFLICT. Ali resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in the public
records of Indian River County, Florida.
Section 4.
upon its adoption.
EFFECTIVE DATE.
This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a
vote, the vote was as follows:
Mayor 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 12th day
CITY OF SEBASTIAN, FLORIDA
of May, 1999.
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
r~q~,, dl. 1~ 3: 56PM BLD~ D~_.MT 5~_BRSTIF~q MO. 9G5 P. 2/5
?er~t Applica~i~ No.
City of Sebastian
Development Order Application
A~oli~nt {If net owner, written authod:~fion (notarized) from owner is required)
Name:
HARRY DISALVI0 - AMERON HOMES INC
Address:
641 BRADDOCK ST
Phone Number:. (561) 589 ' 1299
SEBASTIAN FL 32958
FAXNuml:er. ( 561 ) 589" 1304
' E-Mail:
Owner [if different from appli_c~nt_)
Name:
HARRY DISAL[/IO
Number. ( ) . - FAX Number:.
iType of permit or action r~uested:
ABANDONMENT OF EASEMENT
PLEASE COMPt.~"~E ONLY THOSE SECTIONS WNICN ARE NECE&-~ARY FCR THE P[RMIT OR ACTION THAT YCU ARE REQUESTING.
C~PIE$ OF ALL MAPS. SURVEYS, DRAWINGS, ETC. SHALL SE ATTACHE.C) AND al/2" s¥ 11' coPiEs oF ANY A]-['ACNMENT~
SHALL ~E iNCLUDED. ATTACH THEAPPROFRiATE SUPPLEMETAL INFORMA~ON FORM.
SEBASTIAN .' FL 32~58
Subdivision'.
SEBASTIAN HIGHLANDS
A, Project's Name (if applicable):
B. Site Irrformation
Address:
~41 B~A.~. O¢[ ST
293 108
Futur~ La~l(t Use:
Pro~ Use:
Z~n[ng Classification:
E,,-dsting Use:
RS-/0
C. D~¢riptton of pml0o~ed activity at, d-purpose of the requested permit er action (attach ex~'a sheets if
ADDITION TO EXISTING HOME
(SATE REC,=JVED: z/___//
Form CD.2COI
RECEIVED BY: ..
j Deveteprnent AOptication
HRR, 31. t999 3:$6PM BLDG DEPT SE~ASTIRH H0. 965 P. 3/5
Project Pemonnel:
Agent:
Name:
Addre~- -
P0 80g 7g~87.4
Phone Num~e~ (.56[) 5g9
E-Maih
Attome~v:
Name;
Address
SEBASTIAN 'FL 132,9'78-:08'~4
~299, FAX Number.I ~61 ) 589
Permit Appllcaflan No.
1304
~:none Nummer. ~ ) -
FAX Number. ( )
Engineem
Name:
Address
Phone Numl:er:, (
FAX Number, ( ) -
~-Mail:
Name:
SMITH SUR[~EYING
Address 1400 PALM BAY RD NE
Pho~eHum~en ( 407 ) 724 ' 2940
PALM BAY FL 32905
~A,X Nurn~.en ( 407 )
951 4879 -
I, HARRY DISALVI0 ~ BF. INa FIRST Ouk'f SWORN, OF. POSE ANO
C~MMI~iCN NC.~'~A '.C'l · · Ravi'- 'no Mkhetle Bar~ley
F~ ~ ~01 P~ 2 ~ 3 D~topment
A~v~: 0~7/97 ~ Re~ion: R~ Name:
M~.31.1999 3:5?PM
BLD~ DE~T SEBASTIAM
M0.9C=5 P.4/5
PermAAppllcati~n No.
T~e followin.,tl is r~quired fur all comprehensive plan amendmenl~, zoning amendment
excep~e.s, a~d mp~ais.
I~, ~E OWNER(S) _ ~E LE~ REp~E~TA~ oF ~E OWNE~ OF ~E PR~ QESCR~BEO WHICH IS ~E
~U~ECT OF THIS APPUCA~CN, NE~E~Y AUTHOR]~ ~CH AND ~RY M~MEER ~F THE
~AR~COMMIS~iON OF ~E C~ OF ~~ ~E'BOAED'~COMMIS$1CN~ TO ~ICALLY ENTER UPON ~E ~ROPER~
A~O '4~ ~E PRC~R~ IN CONNEC~ON W~ MYJCUR ~ENDiNG APPU~ON.
I/WE HERE~Y WAIVE ANY OBJECT]ON OR DEFENSE I~/E ~I~Y HAVE, DUE 70 THE QUA,$IoJUOICIAL ~RE OF THE
PROCEEdiNGS, RESUL~NG ~OM A~ ~QA~C~J$~;CN M~BER ENTERING OR ~NG ~E PROFESS, INCLUOING ANY
C~IM OR A~ER~ON ~T ~/OUR ~CCECU~L OR SUBSTAN~ DUE PROCESS RIGHTS UNO~ ~E FLORIDA
C~N~ON OR ~B UN~O ~A~8 CONS~ON WERE ~O BY SUCH EN~ING OR vI~ING.
THIS WAIVER AND C~.~NSF..NT IS aEtNG SIGNED aY ME/US VQLUNTARILY AND NeT AS A RESULT OF ANY COERCION APPLIED, OR
who i~ p~y ~no~ to me or pm~u~ . .,..
as ide~on,-this ~ day 0f
P~te~ Name of Nota~
Commi~on No.pit. ion
Seal:
, .. :.. R~ino Michelle ~rkley
"' ~ ' "' MY COMMISSION ~ CC~8955 ~RES
~"~ '": Februo~ 3, 2002
~", ,~ ,
' ~ CD,.2001 t P~je 3 of 3
pproveel: 0~/Z7/97 i Rev~on: .
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1999 3:5?PM BLDG DF_PT SE3ASTIP~i M0.965 P..q/$
Supplemental Information
Easements, vacation of
Describe the easement :o he vacated (provide a legal c~es~ption, if pes-~ible):
5' 'P.U..-E D.'E. EASEMENT IN THE CENTER OF TH~ -2- LOTS
LOTS 2E3 BLOCK 108 SEBASTIAN HIGHLANDS UNIT
Why is this vacation of an easement ~eing .request?
TO CONSTRUCT AN ADDITION TO EXISTING HOME
Attach a survey showing the I¢catJon of the property lines, all easements and all
structures on the prcperty.
p~, raved: 8/27/97
i
MAP OF SURVEY
CERTIFICATE OIr AUIlIORIZATIOfl L-B. 64?8
-. ~T ~ ~ ~ ....... . ................ ,,,, ,,,
According to Map Ho. A ~ F F ) ~8 I~ .
12061C0078E, Panel 078 of [ ] . I 0 I Id . ' 5p~ ',
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~ CO~RIO~ Iggg $M~H $U~IN~ ~0 ~PING, ~C,
HOT V~ID ~0~ ~[ S~RE N~ ~[ 0~ ~ S~ ~ A ~ ~SED $u~ N~ ~PER
~S ~ 00[$ NOT R[~E~ OR O~RM~ ~P
~ ~
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~PE SUR~ OATE JOB NUMBER [ CK, BY Lof~ 2 ~ BLOCK
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ABANDONMENT OF EASEMENT
Staff Report
Project Name: Property ofHany Disalvio
Requested Action: Abandonment of the public utility and drainage easement located on
the north five (5) feet of Lot 2 and the south five (5) feet of Lot 3, Block 108, Sebastian
Highlands Unit 2, less the east ten (10) feet thereof.
Project Location:
a. Address:
b. Legal:
Project Owner:
a. Name:
b. Address:
641 Braddock Street
Lots 2 & 3, Block 108, Sebastian Highlands 2
Harry Disalvio
641 Braddock Street
Sebastian, FL 32958
Project Agent:
a. Name: Ameron Homes
b. Address: 519 S. Easy Street
Sebastian, FL 32958
Project Description:
a. Narrative of proposed action: Application has been made for abandonment of the
public utility and drainage easement platted on the north five (5) feet of Lot 2 and the south
five (5) feet of Lot 3, Block 108, Sebastian Highlands Unit 2, less the east ten (10) feet thereof
The owner wishes to construct an addition to his single family dwelling which will extend
across the lot line on to Lot 3.
b. Zoning: RS-10
c. Furore Land Use: IX)
d. Existing Land Use: Vacant
Utilities Comments:
Florida Power & Light
Southern Bell: ..
Falcon Cable:
Indian River County Utilities:
City Engineer (drainage):
Growth Management Director Comments:
Staff Recommendation:
approved
approved
approved
approved
approved
Approve Resolution R-99-30.
Prepared
Date
ipp~ !~ 1999
9:35A~ BLDG DEPT SEBASTIAH
City of Sebastiml
1225 MAIN STREET F1 SEBASTI. A.N, FLOK[DA 32958
TELEPHONE (561) 589-5537 V1 FAX (561) 589-2566
~0.0S6 P. l
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REOLrEST FOR _a2BAN'DON ;-'~ENT OF EASE~MJg.N'T
April 13, 1999
Descril~tion of Easement to be abandoned: The public utility and drainage easement located on
the north five (5) feet ofLot 2 and the south five (5) feet of Lot 3, Block 108, Sebastian
t-Iigklands Unit 2, less the east ten (10) feet thereof.
UTILITY: Patrick Silas, ~ & L
APPROVED: x~
A_PPROVED~ BY:
~ (siSmture)
FAX NO: ($61) 489-6266
DATE:
C ONk-MEN~T S,
Return to:
lan King, City of Sebastian, Commuv, ity Development Department
Fax No. (561) 589-2566.
BELLSOUTH AU i AT I ON B_UD -~ 5615892566 NO. 466 P001
BI~ DEPT SEB;~STIR~ MO. ~5~ P. 1
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Apdl 13, 1999
Description of ]~..ase3!l.e~t t~ be ab~mdo, n.t~ The ~ ut~ily and ~ ea~'~ lo~ed on I
COMMENTS:
l~um to: Ian King, City of Seb~u, Community Development Depar~,~t ~
Fax No. (561) $89-2566.
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ZS. ~2~. 9~ 02' 14 PM
. 1~9 ~.DG D~T
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Ci~ of S~b~m
POi
122~ ~ ST1;tF.~T 0 $~BASTIAN, FLOi:UDA '4~9f8
TEL~PHON~ (~61) ~Sg-SS3? 0 ~AX (~61) ~Sg-2~66
~T ~OR A~A~.o~r
April 13, 1999
]~tio~~nt.to be a.b~ndon_~l: The ~Hc ~ ~d ~ ~ 1o~ on .
· e no~ ~ (~) ~t ofLo~ 2 ~d t~e ~o~ ~e (5) ~t of~ ~, Block 10~,
UT~: ~n Vtc~,, F~con Cabl~ F~ NO:
~P~O~~ BY: ~~
(~m~)
CO~~S: ,,
3an K~, Cit7 of Seba~, Community Development
Fax No. (561) 539-2~66.
0~I19/1999
APR.13.1999
87:~1 5617785143 IRC UTILITY! PAGE 81/81 I
9: ~M BLDG DEPT SEBASTIAM Mu. ~u ~. l
1~ ~ S~BT 0 SBB~T~N, ~O~A 329~
TELEPI{O!qB (561) 589-5537 0 FA~ (561) 589-;1566
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KEQ~ST FOR ABAi~DO~ OF
April 13, 1999
UTILITY:
APPKOVBD:
Ag~PROVE~ BY:
Terry It. Drum, LI~C. Urilitie~ FAX NO:
DEN]ED; DATE:
770-5143
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COIv~NTS:
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I~ Kirk, Ci~i of $~b~im% Corm~u,~iry Development Department
Fmc No. (561) 5Bg-2~66.
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REOUEST ~OR~ABA!CD. DNMY~. T_O1: EASEI~[
I April 13, 1999
~tion 0f ~asement to be abandoned: Thepublic utility and drainage eueraent located on
the norih five (5) feet of Lot 2 and thc south five (5) feet of Lot 3, Block I08, Sebastian
Highlands Unit 2, less tho cast ten (10) feet thereof,
UTILITY: Martha Campbell, City Engineer
FAX NO: 589-6209
APPROVED: t/
AI~P ROVEI-')/]DENIED BY:
(,ign. ture)
DATE: ~/-/~-/- 5'7
Jan King, City ol' Sebastian, Community Development Department
Fax No, (~I) ~9-2566.
City of Sebastian, Florida
Subject: Resolution No. R-99-32
Vacation of Easement - Ando Bldg. Corp.
Lots 12, 13, 14, 15, Block 185, Sebastian
Highlands Unit 8
Approved for Submittal b, yf~
Agenda No,
Department Origin:
Date Submitted:
For Agenda of:
Exhibits: 1) R-99-32 2) Application 3) Site Map
EXPEND ITURE AMOUNT BUDGETED:
REQUIRED: None None
Growth Management
(TH)
5-6-99
5-12-99
4) StaffReport 5) Utility Letters
APPROPRIATION
REQUIRED: None
SUMMARY
This is a request for a vacation of the side yard public utility and drainage easements located on Lots
12, 13, 14 and 15, Block 185, Sebastian Highlands Unit 8. Property is currently under construction for
a new office building. All utilities have approved this request.
Adopt Resolution No. R-99-32.
RECOMMENDED ACTION
RESOLUTION NO. R-99-32
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF CERTAIN
EASEMENT OVER LOTS 12, 13, 14 & 15, BLOCK 185, SEBASTIAN
HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, an application has been submitted for construction of an office building
across a multiple lots at 967 Fellsmere Road within the City of Sebastian; and
WHEREAS, the owner of the land upon which said building shall be constructed has filed
a request for abandonment of a portion of the public utility and drainage easement along the
interior and southwesternmost lot lines of the site; and
WFIF~REAS, the providers of telephone, electric, cable, water, and drainage utilities
have all consented to abandonment thereot~
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot
12, the southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot
13, the southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot
14, and the southwesternmost six (6) feet of Lot 15, all less and except the
southeasternmost ten (10) feet thereof, all being in Block 185, Sebastian
Highlands Unit 8, as recorded in Plat Book 6, Page 11, of the Public Records of
Indian River County, Florida,
all located within the City of Sebastian, Indian River County, Florida
Section 2.
herewith are hereby repealed.
Section 3. RECORDING.
records of Indian River County, Florida.
Section 4.
upon its adoption.
CONFLICT. All resolutions or parts of resolutions in conflict
EFFECTIVE DATE.
This resolution shall be recorded in the public
This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
Mayor 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 12th 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
City of Sebastian
Development Order Application
Permit Application No.
Applicant (If not owner, written authorization (notarized) from owner is required)
Name:
PhoneNumber.(~! ) ~-~ - ~-?~.~,, FAX'Number. (~l)~-~~
'E.Mail:
Owner (If different from applicant)
Name:
Address:
Phone Numben ( ) - FAX Number. ( )
E-Mail:
lType of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'if'ACHED AND 81/2" BY 11" COPIES QF ANY AS-rACHMENT8
SHALL BE INCLUOED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. .-
Project's Name (if applicable):
B. Site Information
Indian River Coun~ Pa~l
Zoning Classification:
Existing Use:
Futura Land Use:
Pmpos~ Use:
- C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary):
ATE RECEIVED: ,4/'/ ....
rm cD. zoo~
P-r~ved: 08/27/97
[Revision:
FEE PAID: $/erG. d'O
RECEIVED BY:~,/~'/
Page f of 3
Development Application
File Name: Doa
i D. Project Personnel:
_ Agent:
Address
Phone Number:.
E-Mail:
Attorney:
Name:
Address
Permit Application No.
Phone Numben ( ) FAX Numbec. ( )'
E-Mail:'
Engineer:
Phone Numben ~f) 5~f' ~0~ F~ Numbe~ ( )
E-Mail:
Surveyor:
Address
Phone Number.
E-Mail:
FAX Number. ( ) -
AM ~E ~GAL REPRESENTA~VE OF ~E OWNER OF ~E PROPER~ DESCRIBED WHICH IS ~E $UBJECT ~R OF ~IS
APPMCA~ON, AND ~T A~E INFOR~ON, ~PS, DATA AND/OR S~CHES PRODDED IN ~IS APPUCA~QN ARE
ACCUSE ANO~RUE TO ~ ~ST OF ~ ~OWLECG: AND 8E~EF.
WHO IS ~RSQNA~ ~NQW~ ME OR PRC~UCE~
AS IDEN~FIOATiQN, THIS ~DAY OF
PRINTED NAME OF NOTARY 'L~
COMMISSION NO.J~PI~TIQN ..........
cO-2oo'/
08/27'/97
t P~ge 2 of 3
t Revision:
Development Application
IRle Name: Doe
Permit Application No.
The following is required for ail comprehensiYe plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
/
/
I/~/E, ~/ the OWNER(S) j//THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'PC DESCI~IFIED WHICH IS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/CoMM~SS~ON Or THE Cra' OF SEBAS'r~N (THE 'BOARD'/"CoMu~SS~ON') TO .HYS~CALLY ENTER UPON THE PRGPER~'+
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
IJ~IE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASi-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOAR[~/COMMISSION MEMI~ER ENTERING (DR VIEg~/ING 't-HE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLA'FED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND ~ONSENT IS ~NG SI~NED BY ME./US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPUED, OR
~IGN~URE k ~ / ATE
mm
Sworn to and subscdb~~ me by'
who is~monally kn~
as iden~tion, [his 7~ day of ~~ ,19~.
Pdnted Name of Nota~
Commission No./~piration
Seal:
j Revision: Name; D~a
w
ABANDONMENT OF EASEMENT
Staff Report
Project Name:
Ando Building Corp.
Requested Action: Abandonment of the public utility and drainage easement located on
the southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot 12, the
southwestemmost six (6) feet and the northeasternmost six (6) feet of Lot 13, the
southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot 14, and the
southwesternmost six (6) feet of Lot 15, all less the southeasternmost ten (10) feet
thereof, all of said lots lying in Block 185, Sebastian Highlands Unit 8.
Project ~ocation:
a. Address: 967 Fellsmere Road
b. Legal:
Project Owner:
a. Name:
b, Address:
Project Agent:
a. Name:
Lots 12, 13, 14, 15, and 16, Block 185, Sebastian Highlands 8
Robert Giambanco, Tim Giambanco, Andre Dorawa
741 Fellsmere Road
Sebastian, FL 32958
b. Address:
Andre Dorawa
741 Fellsmere Road
Sebastian, FL 32958
Project Description:
a. Narrative of proposed action: Application has been made for abandonmem of the
public utility and drainage easements platted on the southwestemmost six (6) feet and the
northeastemmost six (6) feet of Lot 12, the southwestemmost six (6) feet and the
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northeastemmost six (6) feet of Lot 13, the southwesternmost six (6) feet and the
northeastemmost six (6) feet of Lot 14, and the southwestemmost six (6) feet of Lot 15, all
less the southeastemmost ten (10) feet thereof, all of said lots lying in Block 185, Sebastian
Highlands Unit 8.
b. Zoning:
c. Future Land Use:
d. Existing Land Use:
Utilities Comments:
a. FP&L
b. Southern Bell:
c. Fnlcon Cable:
d. Indian River County Utilities:
e. City Engineer (drainage):
Growth Management Director Comments:
Staff Recommendation:
C-512
C-512
Office building under construction
approved
approved
approved
approved
approved
Approve Resolution R-99-32.
Prepared ~
Date
8:~3AM BLD6 DEPT
City of Sebastian
1225 MAIN STREET C] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 Q FAX (561) 589-2566
I
_REOU'EST F_O.R_.4B_..Ai~I)DNMENT OF EASEMrENT
Apdl30, 1999
Descrigtion of Easement~o be~b..andoned: The public utility and dr~,~ge eascnnents located on
the southwesternmost six (6) feet and the northeastern.mOst six (6) feet of Lot 12, the
southwesternmost six (6) feet and the northcastemmost six (6) feet of Lot 13, the
southwe~temmost six (6) feet and the northeasternmost six (6) feet of Lot 14, and the
soutl'~westernmost six (6) feet of Lot 15, all less the southeasternmo~t tea (10) feet
thereof, all of said lots lying in Block 185, Sebastian Highlands Unit 8.
UTILITY:
APPROVED; x)q
APPROVED/B-t;Iiili~ BY;
COM/vlENTS'
Patrick Silas, FP & L
DENIED:
' t(signature)
FAX NO: (~61) 489-6266
Return to:
Jan King, City of Sebastian, Community D~velopment Department
Fax No. (561) 589-2566.
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I 05/06x99 08:11 BELLSOUTH AUlATION BLUD ~ 5615892588
~PR.~0.1999 8:16AM BLI~ DEPT SEBASTIAM
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N0.587
1225 MAIN STBr-~-T O SEB~T~, PLORIDA 32958
TELEPHONE ($61) 589-5537 rl FAX (561) 589-2566
RKOtIE_ S_T FOR ABA~lX~O~LW.e, ,x~r OE EASZ~r
April30,1999
D_escri~tion of Ea~ement to_b:e ~a~doned: T~ ~b~c ~ ~ ~ge ~~ Io~ on
· e ~u~w~mo~ ~ (~ f~ ~ ~e no~~ost s~ (6) f~ of Lot 12, ~e
so~hwc~e~o~ s~ (6) f~ ~d ~ nonh~t~o~ six (6) ~et of Lot 13, the
sou~west~ost ~ (6) f~ ~d ~e no~t~o~ s~ (6) f~ of ~t 14. ~nd th~
~uthwe~oa ~ (6) ~ of~t 15, ~ I~ ~ ~~e~o~ ~ (10) feet
thrift ~ of~d lots 1~ ~ Block Ig5, S~ ~ds U~t ~.
UTILITY:
I APPROVED: ~ DENIED:
Ed Homau, Bell South
FAX NO: S62-SlS0
(sim:~ure)
COIvEviEI',,rI'S :__
l~,eturn to:
Jan King, City of Sebaztiau, Conmmnity Development Department
Fax No. (561) 589-2566.
P001
04. 30. 99 12: 24 ?M ' BO1 i
"'----~PR,:~. lC:d~ 8:::'1.1~ ~ ~ ~~ MO,~ P.1
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C~ of~~ - ~-~.:c.::~:.... :~
~HO~ (~61) 589-~5~ 0 F~ (561) 599 ~66 m
~9~s~_o_~~ o~ ~~~ m
Ap~ 30, 1999 , m
~uthw,st~o~ sm (~) ~ ~ ~e ~t~o~ ~ (~)~ of Lot 13, the ~
sou~we~o~ ~ (6) fcct ~ ~c~~ost ~x (6) ~t °~Lot 14, ~d th~
southw~emost ~ (~ ~ of~t IS, ~ l~e ~e ~ou~e~t~ t~ (10) f~t
th~eeF, ~I of s~d l~s I~g m Block 1 ~S, 5eb~m ~M~ds U~t t. ~
~~: Ken ~~ F~lcon Cab~ F~ NO: ~89.3a~2 ~
COLiM~NTS: I
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to: Jan K/rig, City of Sebastian, Commm-dty D~velopment Dep~-~ment I
Fax No. (561) 589-2566.
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~ Ci~ of Seb~
12~ N~ ST~ET 0 $~~, ~O~A 32958 /' -. -.~
I ~HO~ (561) 589-5537 0 ~(561) 589-2566 /.' , -~'-...~..,
/ g4p
..... /
D~c~fi0m of ~ement [o be abandonS: ~ ~c ~ ~d ~g, ~s~ loc~ on ', · e sou~~o~ ~ (6) f~ ~d~e no~te~o~ ~ (6) ~t of~t 12. ~e
sout~we~moil ~ (6) fe~ ~d ~ noOn.molt ~x (6) ~t of Lo~ 13, the
to~~oa ~ (6) feet ~ ~e no~~ost ~ (6) f~ 0fLor 14, ~d ~e
i sou~w~most ~x (6) fe~ of Mt 15, ~ lc~ ~e aomhe~mo~ t~ (10) ~
t~eoi ~ of~d lo~ l~g M gl~ 185. Scb~a ~ads U~t ~.
UTILITY: Terry tL Drum, LR.C. Ufilttte~
APPROVED: ~ DENIED:
~BY:
COMIVlENTS:
FAX NO: 770-5143
l~n King, City of Sebastian, Community Development Department
Fax No, (561) 589-256&
8:lSAM
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~LD~ DEPT SEBASTIAH M0.231 P. 1
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City of Sebastian
1225 MALN' STREET D SEBASTIAN, FLORIDA 32958
TELF_]?HONE (561) 589-55.37 P FAX (561) 589-2566
I
REQUEST FOR A_BANDO~.NT OF EASE15KENT
April 30, 1999
Deserivtion of Easement to be abandoned: The public ~ and draiua~ easements located on
the southwestemmost six (6) feet and the northeastemmost six (6) feet of Lot 12, the
southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot 13, the
$outhwestemmost six (6) feet and the northeastemmost six (6) feet of Lot 14, and the
southwesternmost slx (6) feet of Lot I5, all less tM southeastemmost ten (10) feet
thereof, all of said lots lying in Block 185, Sebastian Highlands Unit 8.
UTILITY: Martha Campbell, Cji'7 Engineer
APPROVED: ~/
APPROVED/DENIED BY:
COiX~VrENT$:
FAX NO: 589-6209
DENIZD: DATE: '--///~9/~ q
/
(signature) ~
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Return to:
Jan King, City of Seba~xian, Coammillty Development Department
Fax No. (561) 55%2566.
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Sebaafian, Horida 32958
Subject: Code Enforcement Board ' Agenda No. ~
Approved for Submi~ai by: CiW M~ager ~pa~ment Origin: Ci
. / ~ Date SubmiRed: 5/5/99
Exhibits: application, bo~d member ~sL ~e~isem~
p nd't"r*R q ar*d: I °unt "dg*t d: I APO °Pr ta°" a qu r d:
$U~RY ~A~ME~
~e C~e Enfomement ~ard h~ two ~sitions o~n due to a tern expiration and a member
resignation. Peter Cavallo's cuffent general cont~or tern expires in June, 1999. He is
eligible for reap~intment, wishes ~o ~ reap~inted and h~ ~bmi~ed his application.
Eli~th G~ffM is cuffently an alternate mem~r, has u~ted her application and w6uld
like to ~ ap~inted to the businesman ~lar mem~r ~sition, with unexpired term, of
Do~a Me~, who h~ verbally ~signed and moved from the ci~.
~CO~ENDED A~Q~
Intemiew applimnB, unle~ waived by council, and ap~int ~ follows:
1. Re~lar mem~r general contractor ~sition - tern ~ expire 6/2002
2. Regular mem~r busine~man ~sition - unexpired tern to expire 3/2000
f S~'~fi~;~n),~APPLICATiON TO SERYE ON CITY BOARD/
(All City Board and Committee Members Must be Residents of the Ci~
HOME ADDRESS:
BUSINESS:
BUSINESS ADDRESS:
BUSINESS PHONE: "" BUSINESS FAX: E-MAIL:
ARE YOU A REGISTERED VOTER? ',/,..~_.~
VOTER
REG.
NO.
/
HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? ~ '~'/f~.
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
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DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICHBO~$/CO~~ES? CCoo~- ~e~v-
PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVINO IN ORDEK OF
PREFERENCE WITH FIRST CHOICE BEING # 1:
BOARD OF ADJUSTMENT
~O.9~D.E ENFORCEMENT BOARD CONSTRUCTION BOARD
HANDICAPPED SELF-EVALUATION COMMITTEE
PLANNING AND ZONING COMMISSION
POLICE RETIREMENT ROARD OF TRUSTEES
RECREATIONAL ADVISORY BOARD
TREE ADVISORY BOARD
OTHER TEMPORARY COMM1TTEE
(WRITE IN COMMITTEE NAME)
!
FOR WA~G TO SER~ ON BOA~ OR COMMITTEE:
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HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OK ANY STATE? /x/~ "-
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR. INVOLVING MORAL
TURPITUDE IN THIS OK ANY STATE? /x/0
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
~oVE? p/o
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I hereby ccrfif-y tha I am qualified to hold the position for which this application is made. Further, I hereby
authorize the City of Sebastian to investigate thc truthfulness of all information which I have provided in this
application. I understand that any misrepres,ntation or om_mission of information requested in this
application is cause for disqualification.
I have been prodded with, read and undewtand City of Sebastian Code of Ordinances Sections 2-166 through
pvorn ,,o before me this ~ day of ~/'{~, {~T , by
~~~.C1~/~[[{3 J w~ally known/~to~~, or has produced
as identification.
\wpfformkapplicat. wpd
rev. 9/98
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^~UC^T~O~ xo srt~v~ o~ c,~ ~o ~c '_~~V~
~ YOU A ~GIS~D VO~R? ~ t ~ VO~R ~G. NO.
HOW LONG ~ YOU BE~ A ~~'OF SEAST~? ~ q caE~
~ YOU ~Y HOLD ~ P~C O~CE? ~ 0
DO YOU PRESENTLY SERVB ON ANY OTHER C1TY BOARD 0R COMMFI-rEE?
i WHICH BOARDS/COMMITTEES? ~ o
PLEASE CHECK THE BOARDS ON 5~-IICH YOU ARB INTERESTED IN SERVING IN ORDER OF
PREFERENCE WITH FIRST CHOICB BEING #h
I 4 BOARD OF AD.IUSTMENT
~- ~'~ CODE ENFORCEMENT BOARD
I 3 CONSTRUCTION BOARD
HANDICAPPED SELF-EVALUATION COM~flTTEE
2. PLANNING AND ZONING COMMISSION
I fi POLICE RETIREMENT BOARD OF TRUSTEES
RECREATIONAL ADVISORY BOARD
TREE ADVISORY BOARD
I OTHER TEMPORARY COMMITTEE
(WR~ IN COMMITTEE NAME)
":' .'..",C~ '~ ''''~
!
!
separate resume if necessary) i
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3] SEL
te, Fu~ I
[ l~ave I
~tion
e~ tuest~
;, or -~1 I
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REASONS FOR WANTING TO SERVE ON BOARD OR. COMMITTEE:
/"~o/- 9poo,'9 ~, ~ ~,~ ~ ,~
~S~ ~ ~0~ ~CA~O~ TO ~ O~ BO~ O~ CO~~:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY OR ANY MISDEMEANOR
INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? '/~ O
WOULD YOU CONSIDER. SER.VllqG ON A BOARD O1){EK THAN TIlE ONE(S) SELECTED
ASOV~? q ej
I hereby c. ertif~ that I am qualified to hold the position for which this application is made. Further, I hereby
authorize tl~ City o£ Sdaa.stian to inv~tigat, tl~ truthfidn~ of all information which I have provided in this
application. I und~tand that any misrepn:sea~on or ommlu-qion of information requited in this
application is ~ for disqualification or removal.
I have been provid~t with, read and understand City of Seb~tian Code of Ordinances Secfiom 2-Ig6 through
2.173 (attar.qm0. Information relative to a specific board or con~.tt~ is available if]equestexL
AP~~atu~ -- /~
L_-.//'-~'9~r_A~"~"x, ,who is personally .known to me. or has produced
"
I // " ! , .,'~., ' Illa,,,- ^, .... "~' ~i
\wp-form\applicatwpd - ' ~ ' - -' ' ~ - ~ ¢1i';' ~: :.
NUlVfBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 4/1/99 AND WILL
BE REVISED AT THE BEGINNING OF EACH MONTH
CODE ENFORCEMENT BOARD
MEETS THIRD WEDNESDAY OF EACH MONTH - 3:00 P.M.
THOMAS T. CONNELLY ENGINEER POSITION
149 KILDAKE DRIVE APPOINTED REG. MEMBER TERM
SEBASTIAN FL 32958 VACATED BY G.METCALF: 9/11/96
388-1846 TERM EXPIRES: 8/I/99
(Currently in 1ST full term and 3RD regular member year)
SALVATORE F. NEGLIA
461 GEORGIA BLVD.
SEBASTIAN, FLORIDA 32958
388-5020
(currently in 2ND full term and 6TH regular member year)
MF. MB ER POSITION
APPOINTED REGULAR TERM: 3/94
TERM EXPIRES: 3197
KEAPPOINTED REGULAR TERM: 4/97
TERM EXPIRES: 3/112000
ALLEN G. SCHOFIELD
734 ROSE AVENUE
SEBASTIAN, FLORIDA 32958
388-1805
SUBCONTRACTOR POSITION
APPOINTED REGULAR MEMBER
POSITION VAC. BY MAY: 6/17/98
UNEXPIRED TERM TO EXPIRE: 2/2000
(NO FULL TERM - IST REGULAR MEMBER YEAR)
KEN COSCO
372 BANYAN STREET
SEBASTIAN, FLORIDA 32958
388-5432
APPOINTED Ist ALTERNATE TERM:.:6/95
TERM TO EXPIRE: 6/98
APPOINTED TO REGULAR
MEMBER REALTOR POSITION
VACATED BY D. GILLIAMS: 5/96
TERM TO EXPIRE: 3/99
REAPPOINTED TO REGULAR MEMtlER
REALTOR POSITION: 3/24/99
TERM TO ExPn~E: 3/1/2002
(Currently in IST FULL TERM and 3RD REGULAR MEMBER YEAR)
JAYNE BARCZYK APPOINTED UNEXPIRED
609 CARAVAM TERRACE REGULAR MEMBER POSITION
SEBASTIAN, FLORiDA 32958 OF JOSEPH FLESCHER: 9/9/98
388-1949 TERM TO EXPIRE: 312001
(NO FULL TERM -1ST REGULAR MEMBER YEAR)
82
PETER CAVALLO
518 SAUNDER~ STRF. ET
SEBASTIAN, FLORIDA 32958
385-3525
APPOINTED ALTERNATE MEMBER.
POSITION: 1198
TERM TO EXPIRE: 4/2000
APPOINTED TO REGULAR MEMBER
GENERAL CONTRACTOR POSITION
VACATED BY MICHAEL OLI'qER: 6/17/98
UNEXPIRED TERM TO EXPIRE: 6/99
(NO FULL TERM - IST REGULAR MEMBER YEAR)
754 MAKTnq A~ ' POSITION:
SEBASTIAN, FLORIDA 32958~ TERM T_..O-EXPIRE: 6/2001
589-3249 ' · ~ ...A~MNTED BUSINESSMAN POSITION
~..-.~.~ACATED BY JOSEPH GENERAZtO' 10/14/98
(ALTERNATe'tERMS AND~ Not uuum t ~.u) ~ ".
(NO .k~. ?'~,~1~~ MEMB ER YEAR) ~ ....................
ELIZABETH ANN GRIFFIN
1049 PHELPS STREET
SEBASTIAN, FLORIDA 32958
388-2140
APPOINTED UNEXPIKED ALTERNATE
MEMBER POSITION OF JOSEPH
FLESCHER VACATED IN 4/97: 9/9/98
TERM TO EXPIRE: 4/2000
(ALTERNATE TERMS AND YEARS NOT COUNTED)
ADRINA DAVIS
668 BENEDICT[NE TEKRACE
SEBASTIAN, FLORIDA 32958
589-2408
APPOINTED UNEXPIRED ALTERNATE
MEMBER POSITION VACATED BY'.
DONNA MERRITT: 1/27/99
TERM TO EXPIRE: 6/2001
(ALTERNATE TERMS AND YEARS NOT COUNTED)
BOARD SECRETARY - DORRI BOSWORTH
83
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APRIL 23, 1999
PRESS RELEASE
CODE ENFORCEMENT BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A KEGULAK MEMBEr'.
GENEKAL CONTKACTOR PosrrION AND A KEGULAK MEMBEK BUSINESSMAN
POSITION ON THE CODE ENFORCEMENT BOARD:
QUAI,nTICATIONS:
GENERAL CONTRACTOR: THE GENERAL CONTRACTOR SHALL POSSESS A :
VALID CERTIFICATE OF COlV[PETENCY AND OCCUPATIONAL LICENSE,
RECOGNIZED AND ACCEPTED UNDER TIlE LAWS OF THE STATE OF FLORIDA"
AND THE CODES OF TKE CITY, REGULATING ~ BUSINESS OF
CONTRACTING AND, WHERE REQUIRED, STATE REGISTRATION AS A ;
CONTRACTOR, OR SHALL POSSESS SIMILAR QUALIFICATIONS UNDER THE
LAWS OF OTHER STATES, OR SHALL HAVE ACTUAL EXPE~NCE DEEM]ED BY
THE CITY COUNCIL TO BE EQUIVALE]~ TO SUCH CERTIFICATION.
BUSINESSMAN: TItE BUSINESSMAN SIt~1.1. BE ACTIVELY ENGAGED IN ANY
LAWFUL BUSINESS WITHIN THE CITY, OR SHALL BE AN OFFICER OR.
EM?LOYEE OF A BUSINESS ENTITY HOLDING A CURRENT AND VALID
OCCUPATIONAL LICENSE iSSUED BY THE CITY.
THE BOARD MEETS THE THIRD WEDNESDAY OF EACH MONTH AT 3:00 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 THROUGH TUESDAY, MAY 4,
1999.
City of Sebastian, Florida
Subject: C.R. McLellan Work Orders
1-4
Approved for Submittal by: City
Agenda No. ~. O/f
Department Orig/n: City Manager
Date Submitted: April 21, 1999
For Agenda of: April 28, 1999
Exhibits: - Letter Dated 4/20/99 - C.R.McLellan,
EXPENDITURE
REQUIRED:
AMOUNT BUDGETED:
N/A
SUMMARY
APPROPRIATION
REQUIRED:
At the Regular City Council Meet/ng of April 14, 1999, C.R. McLellan work orders
1-4 were held, pending a response from Mr. McLellan regarding h/s use of sub-
contractors in conjunction with the City's Annual Culvert Installation Contract. Mr.
McLellan's response is attached for your review.
RECOMMENDED ACTION
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# 1407-7284189
^prfl 20, 1999
To: Mr. John 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 ! 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 truck, 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 drainage systems. His position is "working
foreman" of all the jobs, what ! mean by "working foreman" is that he does all
layout and installation himself, all additional help are laborers. ! supply all
materials, labor, fuel and oil, etc. for these projects, and we split the profit. I
spoke by telephone with Mr. Chuck Newnberger on the fifteenth, and after
explaining the situation 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 City
of Sebastian and C.R. McLellan Incorporated.
C.R. IVlcLellan 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, If 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.
CORD.
Ins, Agenc-] oiMiller & Hiller
P.O.BoX 424
Dover. OH 44622-0424
~ames Romig dba
J/3 Romig Excavating
8084 Da~rn Road
Sherro~sville OH
91301
ONLY ~0 C~8 NO ~$ UPON ~E ~RCA~
AL~ ~E C_~G~ ~0~ BY ~E ~UCI~S BE~W.
Wes2field Insurance Co.
"Il-tiS IS 1'0 CE.~ THAT ~ i~[.ICIF_.~ OF IHSUtM, NCE I.~;TED I]ELOW HAVE BEEN I,.,~ED TO THE INSURED NAMED AI]OVE FOR THE POUCY PI~RIOO
IN01¢A'rED, hlOIWtTI-I~'rANOIN~ AN'/REOUIPJg.4ENT, TERM OR C, ONDm0N OF ANY ~ONI'R,~T OR OTHF,.R DOCUMENT WITH RESI~CT TO WHICH THI~
CERTIFICATE MAY BF.. ISSUE~ OR MAY PERTAIN. THE INSURANCE AFFOFf~ED BY 'iI.IE POUQE~ DE.SCFJBEO Hi,REIN I$ ,~/BJECT TO AIL THE TE]:IMS,
EXCLU3ION$ AND CONDITIONS OF 3UCH POUCIF.~ LIMITS 3}-IOWN MAY )-IAV~ ~ ~ BY' PAiD CLAIMS.
10/25/96 10/25/99
10/.25/96 10/25/99
. .
........................... ;,'.,' ........ ;,;?: .' /:,'P'": :"'" ':';".'i,~'.;,,"~,.;.;.~,
P.O. Box 500231 ,,1~
,Ma, i~~./~ffFL 32950 ~ ~ ~ u~ ~ ~, ~ ~ ~ ~l~ .
, &-/..Z
[ ~~S 'H~)"'." ~" :","' ,' ," '~',~'"' ~:r'' ,~' '~ "',',:' ~.'"'.' .. ~ P',,':~. ",?"',', '" ' '~" '"'"" "" '" '"" "'"'"' ''':'' :~ ..... ~ "~'; '"" ' ''~ '~:''': '~ "/'~ ..... ' ..................
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-~z :~ I-'~q L, UUJJiN~S NUR$1~RY I-i~NII$0A 740 269
STATE OF,OHIO
CERTIFICATE OF pREI/IIUM PAYMENT
This certifies that the employer listed below ha~ .p, aid Into the State Insurance Fund
requtred by law. Therefore, the empl°yer, is enbtled to the rights and benefits of
fundfor the period specified. ' ·
TH~S CE~TIFI¢^'r~ MUs'r ~'E cor~s.P~CUOUSLY POST~,.
P, ISK HO, AND EMPLOYER " ' ' ' ' .'. PERIOD SPECIFIED aE,.O~,'
BWC - lS22 {REV. 3/e6)
THIS C~TIROA~ ~Y BE REPRODUCED AS NEEDED
!
City of Sebastian
1225 MAIN STREET c~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407} 589-5330 c] 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 of the City's Annual Culvert Installation
Contract to anyone else.
Inasmuch as, a truck marked "Jun 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 Subject Culvert Replac Of Sebast
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I Work Order g4 Park Ave & Wimbrow Dr
Side Y~d Installation
I Work Order ~1 Wen~o~h St. $
I ~COM~NDED ACTION
Department O~gin: Engine/e~ing] Public
Te/r~'y D. Hill, Public Works
4/07/99
4/14/99
Work Orders gl, #2, #3, g4, and Work Order #1 for Side Culverts
APPROPRIATION REQUIRED:
None
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
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
7,662.80
$18,467.70
$19,715.40
7,961.65
$ 22,553.55
Move to authorize Work Order Numbers 1 through 4 in the amount of $53,807.55 and Work
Order #1 in the amount of $22,553.55 to C.R. McLellan.
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CITY OF SEBASTIAN WORK ORDER FORM
CULVERT REPLACEMENT PROGI:;La, M - 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 ret'erenced 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,
30
29
10
13
12
WORK ORDER
ITEM NO.
WO-1.1
WO-1.2
Wo-1.3
WO-1.4
WO-1.5
WO-1.6
'WO-1.7
WO-1.8
WO-1.9
'WO-1.10
WO-1.11
A O-1. 2
DESCRIPTION QTY, UNIT ' UNIT BID
Mobilization LS. LS. $750.00
Comply with part VI, Chapter 553.6,F.S,"Trench
Safety Act" All Trenches>5' Deep 0 LS.
Trench dewatedng 1 LS. $2,000.00
'Furnish & Install Floritam Sod 84 SY. $2.25
Road Restoration 16 SY. $14.00
DESCRIPTION
Maintenance of Traffic
Remove Existing Headwall, Inlets culvert(s)
Furnish & install FDOT Mitered End Section
Index No. 272
Furnish & Install concrete Headwall
Furnish, Haul, Place & Compact Common Fill
Fill, Regrade & Grass Swale Area
Ret31ace 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 {he 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 Culved(s) and Debdes soding
Install Twin 40'-12"X17" RCP
ITotal Work Order #1 Barker
ILess Retainage of 10%
INet Total Due
QTY, UNIT UNIT BID
LS, LS. $450,00
LS. LS. $1,200,00
2 EA $350.00
0 EA $0.00
18 CY. $4.85
50 IF. $3.85
0 IF. $3.00
1 LS. $1,000.00
0 LS.
llL.S.
80 LF.
I
$15o.oo
$9.oo
ITEM TOTAL
$750.00
, N/A
$2,oo0 ,oo
$189.00
$224,00
ITEM TOTAL
$450.00
$1,200.00
$7~0.00
$0.00
$87.30
$192.50
0
$0.00
$1,000.00
$150.00
$720.00
$7,662.80
($765.28)
$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 ' ~rinted Name
ApprOved by City of Sebastian:
Other
City Engineer
Dept. Head
Purchasing Official
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.
3O
29
10
13
12
WORK ORDER
ITEM NO.
WO-2.1
WO-2.2
WO-2.3
WO-2.4
WO-2.5
WO-2.§
WO-2.7
WO-2.8
WO-2.9
WO-2.10
WO-2.11
WO-2.12
W0-2.12
DESCRIPTION
Mobilization
Comply with part Vi, Chapter 553.6,F.S."Trench
Safety Act" All Trenches>5' Deep
Trench dewatefing
Furnish & Install Flodtam Sod
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, Regrade & Grass Swale Area
Replace Concrete Ddvewa¥
'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.
Furnish & Install Twin 72'-15' RCP
Furnish & Install Twin 40'-12" RCP
Remove Culvert(s) and Debdes Sorting
Total Work Order #2 Autumn Terr.
Less Retainage of 10%
Net Total Due
QTY. UNIT UNIT BID ITEM TOTAL
LS. LS, $750,00 $750.00
0 LS. N/A
I LS. $2,000.00 $2,000i00
100 SY. $2.25 $225.00
45 SY. $14.00 $630.00
QTY, UNIT UNIT BID ITEM TOTAL
LS. LS. $900.00 Sg00.00
LS. LS. $2,000.00 $2,000,00_
4 EA $350.00 $1,400.00
2_ EA $2,000.00 $4,000.00
36 CY. $4.85 .$174.60
50 IF. $3.85 '$192.50
EA 0
500 IF. $3.00 $1,500.00
1_ LS. $1,000.00 $1,000.00
0 LS.
144 L.S. $17.50 $2,520.00
80 LF. t $12.82 - $1,025.60
1LS. t $150.00 $150.00
$18,467.70
($1,846.77)
$16,620.93_
CITY OF SEBASTIAN WORK ORDER FOR/VI
SWALE KEGRADING 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
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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 rel'erenced contract the undersigned Conlractor 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.
30
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
'~VO-3o9
WO-3.10
-W0-3-11
DESCRIPTION
Mobilization
Comply with part VI, Chapter 553.6,F.S."Trench
Safety Act" A_II Trenches>5' Deep
Trench dewatering
Furnish & Install Floritarn' 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, Regrade & 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 ~ollowing
unknowns: water-sewer lines,telephones
wiring,TV cables,electrical wiring and gas lines.
The above condilions are subject to change order
per job.
Remove Culvert(s) and Debdes Sorting
Total Work Order #3 Rosebush
Less Retainage of 10%
Net Total Due
QTY. UNIT
LS. LS.
UNIT BID ITEM TOTAl'-
$750.00 $750.00
1 LS. $2,000
1 LS. $2,000.00
250 SY, $2.25
72 LF. $63.00
8O LF. $19.00
45 sY.I $14.oo
QTY. UNIT UNIT BID
LS. LS. $450,00
LS. LS. $1,200.00
6
0
254
100
EA $350.00
EA $2,000.00
CY. $4.85
LF. $3.85
400
0
1
0
IF. $3.00
EA $300.00
LS. $1,000.00
LS.
1 LS.[ $150.00
$2,ooo.~o
$2,000.00
$562.50
$4,536.00
$1,520.00
$630.00
ITEM TOTAL
$450.00
$1,200.00
$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
$17,743.86
CITY OF SEBASTIAN WORK ORDER FORIvl
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
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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 ~H Park Ave and Site ~ Wimbrow Dr.
Pursuant to the above referenced contract the undersigned Conlractor agrees to furnish
all materials and labor in acco~ance with the contract specifications and all regulations,
laws, permits, and governmental requirements and standards pedaining thereto, necessary to
perform the following won~ ordered by City.
BASE ~iD
ITEM NO, DESCRIPTION Q'I'Y, UNIT UNIT BID
30 Mobilization LS. LS. $750,00
29 Comply with part VI, Chapter 553.6,F.S."'rrench
Safety Act" All Trenches>5' Deep LS.
Trench dewatedng 1 LS, $2,000,00
Furnish & Install 30"CAP 16 IF. $37.00
Furnish & install RCP 18" 30 LF, $21.00
Furnish & Install Flodtam Sod 77 SY.~ $2.25
Road Restoration 0, SY.J $14.00
10
7
13
12
~/ORK ORDER
ITEM NO.
WO-4.1
WO-4.2
WO-4.3
WO-4.4
WO-4.5
WO-4.8
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 Exbting neighborhood
(backyard) ditch area
Final sile 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 Debnes Sorting
Total Work Order #4 Para Ave & Wimbrow Dr.
Less Retainage of 10%
Net Total Due
QTY. UNIT UNIT BID
LS. LS. $450.00
LS. LS. $1,000.00
0
3
24
0
ITEM TOTAL
$750.00
$2,000..00
$592.00
$630,00
$173.25
$0.00
iTEM TOTAL
$450.00
$1,000.00
EA $350.00 $0.00
EA $300.00 . $900.00
cYi $4.85 - $116.40
LF, $3.85 $0.00
IF, $3.00
LS.' $1,000.00
LS.
1 LS. [ $200.00
1 LS.[' $150.00
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$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 0f Sebastian:
Other
City Engineer
Dept. Head
Purchasing Official
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CITY OF SEBASTIAN WORK ORDER FORM
SIDE YARD CULVERT PROGRAM - WORK ORDER #1
PROJECT:
CONTRACTOR:
LOCATION:
ANNUAL CULVERT CONTRACT Dated 6/12/98
C.R. McLellan, Inc.
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,
laws, permits, and governmental requirements and standards pertaining thereto, necessary to
perform the following work ordered by City.
BASE BID
ITEM NO.
30
29
10
13
12
DESCRIPTION
Mobilization
Comply with part VI, Chapter 553.6,F.S."'rrench
Safety Act" All Trenches>5' Deep
Trench dewatedng
'Furnish & Install Flodtam Sod
Road Restoration
QTY. -UNIT j UNIT BID
LS. LS.i $750.00
I
1 LS.I $2,000.00
1 LS.t $2,000.00
234 SY.I $2.25
0. SY.1 $14.00
ITEM TOTAL
$750.00
$2,000.0o
$2,000,00
$526.50
$o.oo
WORK ORDER
ITEM NO.
WO-.1
WO-.2
WO-.4
WO-.5
WO-.6
'WO-.7
WO-.8
WO-.9
WO-.lO
WO-.11
W0-.12
W0-13
W0-14
DESCRIPTION
Maintenance of Traffic
Remove Existing Headwall, Inlets culvert(s)
Furnish & Install Headwall
Furnish & install FDOT Mitered End Section
Index No. 272
Furnish & Install Concrete Basin
Furnish, Haul, Place & Compact Common Fill
Fill, Regrade & Grass Swale Area
Furnish & Install Twin 140'-36' HDPE
Clean,Clear, and Regrade Existing neighborhood
~ackyard) 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.
I'Remove Culvert(s) and Oebdes Sorting
iGuard Rails
Total Work Order #1 Wentworth St
Less Retainage of 10%
Net Toal Due
QTY, UNIT
LS. LS.
LS.- LS.
0 EA
UNIT BID ITEM TOTAL
$250.00 $250;00
$0.00 $0.00
$350.00 $0.00
I EA $350.00
I EAI $3,000.00
421 CY. $4.85
0 iF. $3.85
280 LF. $35.84
50 LF. $3.00 1._ LS.I $1,000.00
0 LS.
1 LS.I S
1 LS.I $
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$350.00
$3,000.00.
$2,041.85
$o.oo
$10,035.20
$150.00
$1,000.00
150,00
300,00
$ 15o.00
$ 300.00
$ 22,553.55
($2,255.35)
$20,298.20
CITY OF SEBASTIAN WORK ORDER FORM
SWALE KEGRADING 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
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SEBASTIAN POLICE DEPARTMENT
1201 Main Street
Sebastian, Florida 32958
Telephone 561/589-5233
FAX 561/589-2207 (24 hr) - FAX 561/388-1782 (Admin.)
SUBJECT: COPS.More '96 Grant to Automate Police Records System
,,da No.: -//.//D
Department Odgin : Police
· /'~ Date Submitted : 4/28199
Approved I.~ /.~//~ /~~ ~"~
for Submitta For Agenda of :
.,.
Exhibits: Written Quote from USA Software Co.
Expenditure Required: Amount Budgeted: Appropriation Required:
$7,495. _ $56,700. None
SUMMARY STATEMENT .........
This is the final stage of a federal grant project which is providing a totally automated police records
management and reporting system for this department. Participation in this grant was approved
by Council on 10/14198, To date, a new Records Management System (RMS) has been installed
and is now running on a local area network (LAN) which was installed throughout the police building.
A server and 5 new work stations were purchased and are up and running. In addition, 8 existing
PC's are also being modified to run on the new RMS. The final stage of this project involves
equipping officers with lap top computers for taking police incident and accident reports. Toward
this goal, XL Vision Corp, of Sebastian donated to the police department 13 of their ruggedized 486
MHZ lap top computers, at no cost. It is in these 13 lap tops that the Field Reporting software being
requested in this action is to be installed. The cost of the Field Reporting software is $5,195., 75%
($3,8S6) of which is paid by the grant and 25% ($1,299) is local match funding. In addition to the
lap top software, another necessary component of this system is CrimeFile 2000 Report Generating
Engine, which is programming that generates the state authorized forms for the
police
report
new
records system. The cost of this is $2,300. 75% ($1,725) of which is paid by the grant and 25%
($575) is local match funding. The total amount of this phase of this project is $7,495. All matching
funds are from the Asset Forfeitures account and are not local tax dollars. Bidding procedures for
were waived by
this project Council when approved on 10/14/98. This purchase is to be awarded
source basis to USA
on a sole Software, Inc. to maintain compatibility with the systems already
installed.
RECOMMENDED ACTION
Authorize the City Manager and Police Chief to proceed w~ the purchase of the above listed items, as
requested.
Hpr ~? -q8 ll:~-?a US8 SoFt~are, Inc. Main
I 11il ~
---- '"-- Bi I II Il
PHONE: 954 4~, 3911 , FAX: 954. Z31,2641 · WEB: w~w. us~-~o~f~re,com
CrimeFile 20005 ktformatiou Marmgemem $yr~ems
SEBASTIAN POLICE DEPARTMENT
Cnm~ile 2000,!~ Fcr Windows Field l~g S3itema
include:
USA Soff, va~ Fie, Id Repoaing Host Syslem~
(13) Lapop Runtime Licens
USA SolS~n: Annual Software Support Agreement
USA Solba'~_re Sy~em Corttigumflm
USA So/la'are Training (I DAY On-Site)
Travel
CrimcF:l; 2gOO for Windows For:ns Print End. ne
GP~.ND TOTAL 7, 493.00
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OPTIONS
USA Softis'areYCm~l~an Mobile Dam Computer (MI)C) lnteffao: *** Prices provided upon
package. Mo~e gpecific itffonmliou is req,ai.,~ for a proi:esal to b¢ provided.
NOTES
USA $ollware, Ia(: sa.opera tlzo Ivlicro~ft W'oM wor(l proe~sing program for thc narrativ~ section of the .L
Base reporting ~era. It will be -.ho =s.rXmmbili~' of the ~-'%lstomer to acqt~ite this program and have it
installed .:)nor to in,Oalllal/on of USA ~fl~a~re, Inc. l%'odu~J~
H~-d~¢ requir~m=ta to most efficiemly ~ USA ~, Inc. pro~ ~ a Pe~ 133 ~it
~i~ 16 ~ ~ I~r ~I~ ~ ~e ~k ]a~ ~pm~$ ~e ~ui~ m have Wi~ 95 or
Wmdo~-s ~ ~ ~ o~g ~em. A ~-ROM or
inch ~ ~ty ~ n~ to M on carl la~. H~se :~cam w~ ~ve i$ ~le wh~
U3A $ofrwm'~ On ~ite ,.raining is ~rm'uct~d ia a :T:ain thc T,'airxr' c, oncepl. This en~bl~ thc d~partment
to train entreat and .~mre employees. Each a-air, tUg session L~ linfited Io a m:~ximum of eno ~2) employees.
Training ~oordimion is throu~ thc depa:trnen~ contact w~,o will arrange 5or Lite approp,-iat~ employers to
attend the appli,."able t~imng se:sions.
USA Soawar¢/Cerulean Mob:lc Data Computer (.MDC) Inte~qce*'* requires a separate Vv'indov~ NT,.
Server to operate ~e intcrlMe ~or rtalr.~g -.ag an/~ DL ch<'.cs, e~. ~.hrough FCIC from laplo0 application.
Pric2 listed in Ot'TiONS dces not include..Annmt! SoftwP._re Suppox for USA software, Inc.
Tsn-as a~e 50% down t~i~ ora, mr. :ct on deliver)...
APR 2 7 1999
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CITY OF SEBASTIAI~ PLIRC'I-IASING
EXTI:L-kORDINARY PROCUREMENT CERTIFICATE
DATE: 04/27/99
TO: PL/RC~rlA$1NG I]EPARTMENT
FROM: p.R, Whi~e
DE?.kRTMENT: Potiee
TTPE OF PROC-LrRE.ME~Xr~: SINGLE SOU~C'L ~ EMERGENCY []
FFEMS ORSERVICESREgUIRED: Field Reporting Software for 13 laptop
computers ~ CrimeFile 2000 Report generating engine.
PROPOSED V'ENDOR:
USA Software, Inc.
Cooper City, Florida
JUSTIFICATION FOR EXCEPTION TO NOILMAL PROCIJ'R~M~;NT PROCEDLq;LE:
This is the final stage of this grant project. ALI Records
Management Software in this new system i~ by USA Software, In.c.
The software b~ing purchased in this phase of procurement, must be
totally compatible and o~erate in concert with rest. of records
system. Therefore, all software needs to come from a single
CER 77F[CA 770 iV O F A E ~d_L 4B [LFF3 ~'3VEC ESS[77
Ilaer~by certff.~ that I have thomugMy reviewed the fae:: and eirramatancea ot thb mqueated pureh~e and that
(1) ~e :uppfler of ~e g~ae~ ~qu~ b ~e ~o~ $ou~ ~upp~er, Or (2) t~ Depa~ear b~ aa urgent aced.
on ~ ~e~en~ b~, for the purch~e ,)f the gooda/ae~i~ and the ~me~ency is auch that a delay though the
~e 0faomal eompe~itiv~ p~cu~ment methods ro acqui~ auch good lse~ic~ would not be M the public's
M~mt and would be det~ental to th~ Cit~. I also c=~ ~at thin mqu~t i$ in full compliance with the Ci~ of
gez~r Hmd Silage
Dare: 04' 27 99
9/17d96
City of Sebastian, Florida
Subject: Aquatic Weed Control Contract
Extension
Approved for Submittal by: City Manager
Exhibits: Aquatic Weed Control Contract
EXPENDITURE
REQUIRED: $35,340.00
Department Origin: City Manager
Date Submitted: May 3, 1999
For Agenda of: May 12, 1999
[ AMOUNT BUDGETED: I APPROPRIATION
N/A $35,340.00 REQUIRED:
SUMMARY
On May 19, 1997 Applied Aquatic Management, Inc., was granted the bid award for weed control
to the City's Canal Network. By the existing contract language, between the City of Sebastian and
Applied Aquatic Management, Inc., the contract term shall be for one year, unless extended by the
City at its sole option, for a period of up to two additional years. The City is currently completing its
first year renewal with an expiration of 5/19/99. Staff concurs that Applied Aquatic Management,
Inc., has performed all terms and conditions of their contract well in the past year. Therefore, a final
one year contract extension including Change Order #1 is recommended. Change Order #1 covers
ditch spraying. The total final one year contract extension including Change Order #1 is in the
amount of $35,340.00.
RECOMMENDED ACTION
Move to approve a final one year contract extension between the City of Sebastian and Applied
Aquatic Management, Inc., including Change Order #1, expiring on 5/19/2000.
I
City Of Sebastian Procurement i
A DIVISION OF THE OFFICE OF THE CI'I'Y~L4NAGER
1225 ~ STREET - SEBASTIAN, FLORIJDA 32958
TELEPHONE (561} 388- 8241 FAX (561-581-0149 I
CONTRACT EXTEblSION I
ANNUAl., AQUATIC WEED CONTROL I
DATE: October 29 L1998 I
TO: Ms Unda W. M~rs. President , I
~:)plied AquaticJVlana~ment. Inc.
P.O. Box 1437 I
Eagle_l~ke. Rodda 33839
I
Pursuant to our telecon, wherein you agreed to ex~end the current Annual Aquatic Weed -
Control Contract with the C~y of Sebastian for one additional year; and, whereas, the City of I
Sebastian wishes to exlerd said Contract fcr one addfdonal year, you are hereby notified that on
August 26, 1998, the Sebastian C~ Council approved the extension of said Contract for-one I
~ditional year in the amount of $29,340. All ~ terms and conditions as set forth in the above
s~ated Contract shall be in full force during the one (I) year extension period. I
AGREED: I
An[:)lied Aquatic Mana~efnent, Inc. City of Seba_~dan I
!
CONTRACT
For. Aquatic Weed Comxol in the City of Sebastian, Florida
THIS CONTRACT, made this ~ day of ,~'~4~ , 1997 by and between the City of Sebastian, a
Municipal Corporalion organized' and existing under the laws of the State of Florida 0aereinaffer called the "City"),
md APPLIED ~IQU~tT[C MANAGEMF~ INC. , or its successors, executor~, administrators,
and assigns (hereinafter called "Contractor"):
WITNESSETH:
The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows:
1. SCOPE OF WORK.
Con~xactor agrees to furnish all materials, labor, supervision, and services necessary to complete the Work as
described in the contract doeuraents (the "Contract Documents") and agrees to complete the Work in a workmanlike
manner in actor&ace with all applicable codes and in full compliance with the Contract Documents. The work
includes, but is nor limited to) the following:
Complete Aquatic Weed Control in City Owned Canals as per Exhibit A - Project Plans for Aquatic Weed Control
2. CONTRACT DOCUMENTS.
(a) The Corn-act Documents consist of this Contract, Notice of Invitation to Bid, Instructions for Bidders,
Special Terms and Conditions and Technical Specifications, General Terms and Conditions, addenda issued prior to
the execution of ~s Conwact, other documents listed in this Contract and modifications issued after execution of
this Conlract. The Addenda, if any, are as follows: ADDENDUM No. 1, February 6, 1997: Copy attached
hereto and made part hereof
The intent of the Contract Documents is to include all items necessary for the proper execution and completion of
the Work by Comractor. The Contract Documents are complimentary, and what is required by one shall be binding
as if required by aa; performance by Comractor shall be required only to the extent consistent with the Contract
· Documents and reasonably inferable from them as being necessary to produce the intended results. ..
· (b) The Coraract Documents shall not be construed to create a contractual relationship of any kind (I) between
the City and a Subconu-actor or a Sub-subconu-actor, or, (2) between any persons or entities other than the City and
Contractor.
(c) The term *Work" means the construction and services required by .the Contract Documents, whether
completed or partially completed, and includes all labor, mat:dais, equipment and services provided or to be
provided by Contractor to fi~lfill Comractofs obligations hereunder. The Work may constitute the whole or a part
of the project.
3. CONTRACT SUM AND PAYMENT TO CONTRACTOR.
(a) Contraex S-re. The City shall pay to Cons'actor for Contractors performance hereunder, the amount(s)
specified in the Coatract Documents (the "Contract Sum").
(b) Pro?ess Payments. The City shall make progress payments on account of the Contract Sum to Contractor
as provided below and elsewhere in the Contract Documents.
(Initials) c~_~'~ as to City
(initials)' as to Conu~ctor
[X:\CLERICALXlg~SLg'"a~091*~'~AQWF. F_D~GREE,_DOC o4t2_qffr/:o7 AM
Contract for Aquatic Weed Control
Page 1.
(i) Each Application for Payment by Contractor shall be submitted to the City by the twenty-fifth (25th) day
of each month.
(ii) Final payment to Contractor is contingent upon acceptance of the Work by the City.
4. CONTRACTOR'S OBLIGATIONS.
(a) Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall
be solely responsible for and have control over construction means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific
instructions concerning these matters.
(b) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, tr, msportation, and other
facilities and services necessavff for the proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated ia the Work.
(c) Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar. ,-
(d) Contractor shall enforce strict discipline and good order among Contractors employees and other persons
carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks
assigned to them.
(e) Contractor currently holds and shall maintain at all times during the term of this Contract all required
federal, state and local licenses necessary to perform the Work required under the Contra~ Documents.
(f) Contractor shall be respons~le to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the Work under a conlxaet
with Contractor.
5. WARRANTY.
Contractor warrants to the City that all materials and labor furnished under this Contxact shall be fre~ fi.om any and
all defects for a period of one (I) year from the date of completion of the Work, and that the Work will con.form
with the requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
' 6. CORRECTION OF WORK.
(a) Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the
Contzact Documents, whether observed before or after completion of the Work and whether or not fabricated,
installed or completed, and shall correct any Work found to be not in accordance with the requirements of the
Contract Documents within a period of one (I) year from the date of completion of the Work or by the terms of an
applicable special warranty required by the Contract Documents. The provisions of this Paragraph 6 apply to the
Work done by Subcontractors as well as to the Work done by direct employees of Contractor.
(Initials) ~e~~ as to City
(initials) to Conmactor
{ X:x~2LE~ICAL~199~950ogI~05~AQWF. ED~AGREE. I~3C 04/~4~977:07 AM
Contract for Aquatic Weed Control
Page 2
(b) Nothin§ contained in this Paragraph 6 shall be cons~ued to establish a period of limitation with respect to
other obligations which Contractor might have under the Contract Documents. Establishment of the time period of'
one (1) year as described in Subparagraph 6(a) above relates only to the specific obligation of Conlractor to correct
the Work, and has no relationship to the time within which the obl[§ation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work.
7. SUBCONTRACTS.
(a)
Work.
A Subconuactor is a person or entity who has a direct contract with Contractor to perform a portion of the
(b) A Supplier is a person or entity who has a direct conU-act with Contractor to provide materials and/or
supplies required to peffo.nn a portion of the Work.
(c) Unless otherwise stated in the Conlract Documents or the bidding requirements, Contractor, as soon as
practicable aiter award of the Contract, shall famish in writing to the City the names of the Subcontractors and
Suppliers for each of the principal portions of the Work. Conmactor shall not contract with any. Subcontractor or
Supplier to whom the City has made reasonable objection within thirty days of City's receipt of such names."
Contracts between Contractor and its Subcontractors and Suppliers shall require each Subcontractor and Supplier, t9
the extent of the Work to be performed by the Subcontractor and the material and/or supplies to be provided by the
Supplier, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all
the obligations and r~ponsbilities which Contractor, by the Conu'act Documents, assumes toward the City.
The term of this Contract shall be for one year from the Date of Notice to Proceed, unless extended by the City at its
sole option for a period of up to two years.
9. TERM~ATION.
· (a) For Cause. If ConWactor defaults or persistently fails or neglects to carry out thc Work in accordance with
the Contract Documents or fails to perform a provision of this Contract, the City, after ten (10) days written notice
to Contractor and without prejudice to any other remedy the City may have, terminate this Contxact.
(13) Without Caul. The City retains the right to cancel this Contract at any time, with or without good cause,
upon written notice to Contractor when such termination is deemed by the
City Council, or their designee, to be in the public interest.
(c) Payment Upon Termination. In the event of termination Without Cause, as provided herein, Contractor
-- shall be paid for services performed through the date of termination, less damages incurred by the City as a result of
Conmactor's failure to carry out the Work in accordance with the Contract Documents and Contractor's failure to
perform any provision of this Contract.
10. INDEMNITY.
To the fullest extent permitted by law, but not less than $5,000,000., Contractor shall indemnify, defend and hold
harmless the City and the City's agents, servants and employees, from and against all claims, da~es, losses and
(Initials) -~~ as to City
(initials) as to Contractor
[ X;'.CLERICAL\I99~I091~'~AQWI~l~AGREE_DOC ¢4/24~9T7:07 AM
Contract for Aquatic Weed Control
Page 3~
expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work,
except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or
employees. Contractor hereby acknowledges that the obligations imposed upon the City and the terms of this
Contract are the specific consideration for the indemnification provided herein, and acknowledges that the sum of
$1,000 of the project compensation is also specific consideration for this indemnification.
i 1. INSURANCE.
Contractor shall procure and maintain during the life of this Contract insurance of the types and subject to the limits
set forth below. Contractor shall also provide the City with evidence of this insurance prior to commencement of
the Work in the form of Certificates of Insurance which shall be subject to the City's approval for adequacy.
(a) Workers' Compensation. Contractor shall purchase from and maintain in any company or companies
lawfully authorized to do business in Florida, wooers' compensation insurance for protection from claims for
damages because of bodily injury, including death, and from claims for damages, other than to the Work itself, to
property which may arise'out of or result from Contractor's operations under this Contract, whether such operations
be by Contractor or by Subcontractors or by anyone directly or indirectly employed by any of them. This insurance
shall be written for not less than the limits of liability required by law, and shall include contractual liability
insurance applicable tn Contractor's obligations under Paragraph 10. Coverage B, Employer's Liability, shall be
written for a minimmn liability of $100,000.00 per occurrence.
Co) Commercial General Liability. Contractor shall provide and maintain during the life of this Contract, at:
Contractor's own expense, Commercial General Liability insurance with a combined single limit of at least
$1,000,000.
(e) Commercial Auto Liability. Contractor shall provide and maintain during the life of this Contract, at
Contractor's own expense, Commercial Auto Liability insurance with a combined single limit of $1,000,000.
12. PERFORMANCE AND PAYMENT BOND, (NOT REQUIRED):
"S~ction-255.05 of th~-Ftorida-~tut~ requires that any-bidder who- obt~fi~ a c4~tract from a City to perform a
public worl~s proj~t must po~t a peffomaanc~and payment bond unless the City waives such bond,
13. ASSIGNMENT.
Contractor shall not assign this Contract to any other persons or firm without first obtaining the City's written
approval.
14. NOTICES.
Ail notices, requests, consents, and other communication required or permitted under this Contract shall be in
__ .writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or
mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to:
IF TO THE CITY:
City of Sebastian
Arm.: Thomas Frame, City Manager
1225 Main Street
Sebastian, Florida 32958
('" ),:fig,--' G/ as to Contractor
Contract for Aquatic Weed Control
Page 4
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WITH A COPY TO:
Ms, Valerie Settles, City Attorney
1225 Main Street
Sebastian, Florida 32958
',/friTH A COPY TO:
Craven Thompson & Associates, Inc.
2770 Indian River Blvd. Suite 203
Vero Beach, Florida 32960
IF TO CONTRACTOR: '
Applied Aquatic Management, Inc.
P.O. Box 1437
Eagle Lake, FI 33839
15. TIME.
Time limits stated in the Contract Documents are important elements of this Contra~ By executing this Contract,
Contractor confu-ms that thc contract time is a reasonable period for performing the Work.
16. CONFLICT OF INTEREST.
(a) Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services required hereunder, as provided by law.
Contractor further represents that no person having any such interest shall be employed in performance of the Work.
· (b) Contractor shall promptly notify the City in writing by certified mail of all potential confllets of interest
prohibited by existing state law involving any prospective business association, interest or other circumstance which
may influence or 'appear to influence Contractor's judgment or quality of services being provided hereunder. Such
written notification shall identify the prospective business association, interest or circumstance, the nature of work
that Contractor may undertake and request the opinion of the City as to whether the association, interest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by Contractor. The
City agrees to notify Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by
Contractor.
.If, in the opinion of the City, the prospective business association, interest or circumstance would not conaitute a
conflict of interest by Contractor, the City shall so state in the notification and Contractor shall, at its option, enter
into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to
services provided to the City by Contractor under the terms of this Contract.
17. COMPLIANCE WiTH ALL APPLICABLE FEDERAL LAWS.
Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but
not limited to, The Clean Air Act (42 USC ~7506(c)), The Endangered Species Act (16 US.C.~531, et seq.),
(Initials) ~/.~ as to City
(initials)_~ (/ as to Contractor
{X:lCLERICAL\Ig~S'tgiOO~I~5!AQWIEI~l/AGP,,EE. DOC [1-1/2.4~T/.07 AM
Contract for Aquatic Weed Control Page 5
Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking A~t Section 1424(e) (PL 93-523, as amended), The Wild
and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of
1966 (PL 89-754), Section 306 of The Clean Air Act, Scion 508 of The Clean Water Act, Executive Order No.
11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act ('PL 94-135), Section 13 of The
Federal Water Pollution Control Act (PL 92-500), Execative Order No. 11246, Executive Order No. 11625,
Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational
Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336).
18. LIQUIDATED DAMAGES. (not applicable)
19.
20.
PEKFORMANCE AND PAYMENT BOND. (not applicable)
DRUG-FREE WORKPLACE.
Contractor, in accordanc~ with Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be
taken against employees for violations of such prohibition. ..
(b) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug-flee workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties
that may be imposed upon employees for drug abuse violations. ..
.(c) Give each employee engaged in pm~;iding the commodities or contractUal services that are required
hereunder a copy of the statement specified in Subparagraph (a).
(d) In the statement specified in Subparagraph (a), notify the employees that, as a condition of working on the
commodities or contractual services that are required hereunder, the employee will abide by the terms of the
statement and will notify the employer of any conviction of; or plea of guilty or nolo eonteadere to, any violation of
Chapter 1893 or of any conU'olled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days a/~er such conviction.
(e) Impose a sanson on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by any employee who is so convicted.
(f) Make a good faith effort to continue to maintain a drug-free workplace through implementation of
Subparagraphs (a) through (e).
21.
PUBLIC ENTITY CRIMES.
(a) Contractor hereby acknowledges, represents and warrants:
(i) That a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of
any state or federal law by a person with respe~ to and directly related to the transaction of business with any public
entity or with an agency or political subdivision of any other state or of the United States, including, but not limited
to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision
of any other state or of the United States and involving antiWust, fraud, theft, bn'bery,~.~!~racketeering,
(Initials) --"7/ P(.;//-]'-, as to City
(initials) r~ as to Cona'actor
Conwact for Aquatic Weed Control
Page 6
conspiracy, or material misr~rmentation.
(ii) That "convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a t-mding
of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state mial
court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry ora plea of guilty or nolo contendere.
(iii) That an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate..The
ownership by one person of shares constituting a controlling MU:rest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement, shall be a prima fa¢ie case
that one person controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public enti~ crime in Florida during the preceding 36 months shall be considered an ai~iate.
(iv) That a "person" as defined in Paragraph 287.133(1Xe), Florida Statutes, means any natural person or entity.
organized under the laws of any state or of the United States with the legal power to enter into a binding contract
and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which:
otherwise transaC, s or applies to transact business with a public entity. The term "person" includes those officers,
directors, executives, parmers, shareholders, employees, members, and agents who are active in management of an
entity.
Based on information and belief, the statement which Contractor has marked below is tree in relation to
Contractor submitting this sworn statement. [indicate which statement applies.]
Neither Contractor, nor any of its officers, di~ctors, execatives, partners, shareholders, employees, members,
or agents who are active in the management of Contractor, nor any affiliate of Contractor has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
~ Contractor, or one or more of its officem, d~c~ors, executives, partners, shareholders, employees, members,
or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and
convicted ora public entity crime subsequent to July 1, 1989.
Conlractor, or one or more of its officers, dir~ors, ~xecutiv~ partners, sha~holder~ employees, members,
or agents who are active in the management of Contractor, or an at~lia~ of Contractor has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. However, there has be~ a subsequent proceeding
before a Hearing Officer of the State of Florich% Division of Administra~:ive Hearings and the Final Order entered by
.the Hearing Officer determined that it was not in the public interest to place Conll-actor on the convicted'vendor list.
[attach a copy of the final order]. ~
(C) CONTRACTOR LrND£RSTANDS THAT THE ACKNOWLEDGMENTS, REPRESENTATIONS AND
WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE CITY ARE FOR THE CITY ONLY AND, THAT
SUCH ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH THIS CONTRACT iS EXECUTED. IN THE EVENT
THE TERM OF THIS CONTRACT SHALL EXTEND BEYOND THE CALENDAR YEAR IN WHICH IT WAS
EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE CITY A ]~]~W SWORN
(Initials) t'~. ~' as to City
(initials) c~----U as to Contractor
I X :~,CL F-KI CAL\ 1 ~5~950091 ~ISX, AQWEF. I~BA~DC~C I~tff24~977:07 AM
Contract for Aquatic Weed Control
Page 7
STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, FORM
PUR. 7068, AS REVISED FROM TIME TO TIME. CONTRACTOR ALSO UNDERSTANDS THAT
CONTRACTOR IS REQUIRED TO INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN
EXCESS OF THE TI-II~SHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS PARAGRAPH 21.
22. ENTIRE AND SOLE AGREEMENT.
Except a~ specifically stated herein, the Conwact Documents constitute the entire agreement between the parties and
supersede' all agreements, representations, warranties, statements, promises and understandings not specifically set
forth in the Contract Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, mtements, promises or understanding~ not specifically set forth in
the Contract Documents. .. '
23. SUCCESSORS AND ASSIGNS.
Except as otherwise provided in the Contract Documents, all covenants and agreements of the parties contained in
the Contract Documents shall be binding upon and inure to the benefit of the respective successors and assigns of
the parties. '"
24. ATTORNEY'S FEES. '"
In the event any action, proceeding, suit or claim is filed, initiated or maintained to enforce any of the provisions of
the Contract Documents, the prevailing party shall, in addition to relief to which it is otherwise entitled, be entitled
~o recover such further amounts, to the extent lawful, as shall be sufficient to pay the co~t and expenses of
enforcement, including reasonable attorney's fees, both at trial and all appellate levels.
25. REMEDIES. "
No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereaRer
· existing at law or in equity or by statute or otherwise. "
26. GOVERNING LAW.
The Contract Documents shall be consU'ued and enforced in accordance with and governed by the laws of the State
of Florida, and venue for any action pursuant to the Contract Documents shall be in Indian River County, Florida.
27. AMENDMENTS.
- . The parties may m~dify this Contract at any time by written agreement. Neither the Contract Documents nor any
term thereof may be changed, waived, discharged or terminated orally, except by an instnunent in writing signed by
the party against which enforcement of the change, waiver, discharge or termination is sought.
(initials) cr~-~ as to Contractor
Contract for Aquatic Weed Control
, Page 8
28. WAIVER.
The failure of any of the parties at any time to require performance of any provision of the Contract Documents
shall in no manner aff~:t the right of such party at any later time to enforce or require the same unless waived in
writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any
other condition or any other breach of any term, covenant or warranty contained in the Contract Document~.
29. INITIAL SELECTION OF ALTERNATE BID AND FUTURE MODIFICATION TO SELECTION..
On April 23, 1997, the City Council approved the award of the bid for this Contract based on the selection of Bid
Alternate No. 3. which provides for 70% level of treatment. However, the City wishe~ to retain the option to utiltize
either the Base Bid or another alternate bid. at its discretion, following written notice to Contractor of such change
and the Contractor hereby agrees to this condition, if the City does change to the Base Bid or another alternate,, the
Contractor shall have 120 days from such notice by City to reach the increased treatment level; however, the
Contract Price for the selected alternate'bid will go into effect upon such notice by City.
WFIEREOF~ has hereunto subscribed and Contractor has aff'txed his, its, their
WITNESS
the
C~ty
or
names,
CITY:
THE CiTY OF SEBASTIAN, FLORIDA ATTEST: . .'
Thgmas Frame, City Masmt3~ -I4~thv~n ; O'.Ha, aa, CMC~ City Clerte*
(Corporate Seal) .'
Approved as to Form and Legal Sufficiency: ' '
Valefie Setllea, City Attorney ' .'
0v Wov,
COUNTY OF INDIAN RIVER /' //
The foregoing im-mungnt was a,~knowledged before m?. this,~ day ~f~/(/t~OJ(///, 1997 by Thomas Frame,
Re City Man of l,,cr oF SEBASV . r DA, on behalf of the/C ( F SEBASmN.
~rsoff:~l. ly ~ )olde or,~duced /~_//z~ ~ as identification.
Printed Name ~] Comm~ion i,~umt~er
(Initials)~~ ~'~ t as to City
(initials) o Contractor
Contract for Aquatic Weed Control
Page ~
CONTRACTOk
(Authorized Officer)
Name: /--!
STATE OF FLOR~A
COUNTY OF
The foregoing instrument was acknowledged before me thi$//-//L%day of ~ c/ , 1997
by
(name) /
· H Sh~. drsonally known~ me or produced
d~Nl¢l: ~O,Y PHILLIP~
as identification, Notar~ Public, Sta[o o[ Flodda
~ Bonded By Service Ins.
Nq~Ny Public, State of~orida v
,JA~ic.E gAT' PI']iLLIP$
Printed Name
Co.ua. No. CC379235
[¥] Persona~ly Known [ ] Olfier I.D. '
Commission Number
{ X:~I-ERJCAI-\I99~9~[I)91~OW~E.I~AG~.IX~ 04/241977 07 AM
(Initials) /*"~(~ astoCity
(initials) o~°~---~ as to Contractor
Contract for Aquatic Weed Control
Page I0
ANNUAL AQUATIC WEED CONTROL CONTRACT
ADDENDUM No. 1: ISSUE DATE FEBRUARY 6, 1997
IMPORTANT ADDENDUM TO CONTRACT BID SET
ALL BIDDERS TAKE NOTE OF THE FOLLOWING:
Addendum No. 1:
This addendum shall take precedent in all cases to the contract bid set originally issued and shall be the
governing document in all cases unless and until changed by subsequent addenda or changes in the
contract documents when the contract is executed by Contractor and City:
Addendum No. ]~item No. 1: All bidders shall bid on the modified Bid Form issued with this
addendum. All bidders shall bid on every item shown thereon; alternate bid items will not be considered
in the total bid for lowest bid evaluation, but are to be bid only in the event of selection of those alternate
items by the City during the course of the work.
Addendum,.No. 1, Rem.No. 2: The Contractor shall have 120 days to bring the canal system into
compliance with the removal and prevention specifications, instead of the 90 days previously specified.
If the Contractor does not meet the specifications by the end of the specified 120 day period, then all
funds paid to Contractor by City shall be immediately refunded by Contractor to City, and the City shall
have the option to terminate the Contract
Addendum No. l, Item No. 3: The Contractor shall notify the City not less than 72 hours before
making an application of any chemical which, if taken into an irrigation system, would cause damage to
the plant material irrigated by such system. This provision is made to allow the City to adequately notify
owners of such systems. Should Contractor'fail to provide such notice to City, then Contractor shall be
responsible for any damages resulting from such chemical entering landscape irrigation systems.
A4dendu~a No. I. Item No. 4:. Contractor shall operate all watercraft at idle speed, with no wake.
AddendtllB No. L Item N_o~_5;. Contractor shall not be required to eliminate vegetation on the canal
banks above mean water elevation.
Addendum No. ]. Item No~ 6; City shall be responsible for all permits normally required by the
property owner.
END OF,~DDE~rDUM No. I, February 6~1997
Craven Thompson and Associates, Inc. Engineers on behalf of the City of Sebastian
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RF. VISED BID FORM: l~lJE DATE FEBRUARY 6, 1997
AQUATIC WEED CONTROL
PROPOSAL (BID) FORM
TO:
City Clerk's Office, Sebastian City Hall
1225 Main Street
Sebaztian, Fl 32958
DATE: 02/13/97
BIDDER: APPLIED AQUATIC MANAGEMENT, INC.
The undersigned bidder propo~.s and' agrees, if this Bid is accmpted to enter into an Agreement with the
City of Sebastian to furnish any materials and labor in ae,xadance with the required specifications.
Aquatic We.~l Control Unit Price Per the Following Schedule of Unit Pric~:
ITEM 'DESCRIFHON QTY. UNIT
NO. Addendum lVO, 1: Bidders note: change i~
item 1; add alternate item bid item No. 3
UNIT ITEM
BID TOTAL
'1 Aquatic Weed Control in Canals Area"A' to 12 Month '$ $
90% ~% removal and prevention level . . 2,445 29,340
Deduct Reduce required removal and preve~tio~ lintel 12 Month Deduct:. Deduct:
Aim to 80% removal and prevention level for Canah $
250 3,000
No. 1 Area "A~
Deduct Reduce require removal and prevention level to 12 Month Dedu~ Deduct:
.alternate 70% removal and prevention level for the area $ 62 $ 744
No.' 2 within Collier Watenvay lying 200 f~et either
side oflhe CR 512 Right_of Way
Deduct Reduce required removal and prevent/on levd 12 Month -Deduct: Deduct:
Alternate to T0% removal and prevent/on level for C~._~l-~ $ 400 $ 4,800
No. 3 Area ~A"
BID ACKNOWLIiDGMENT
A. The above unit price shall be considered as a firm bid price not subject to price adjustment.
B..The Bidder acknowledges that the pfic~ will rems.in firm for sixty (60) days following the date of this
bid.
Submittals For Bid~ As Rexluired By "Instru.gi0~'or Bidders":
Three (3) sets of bids shall be prepared by the Bidder to include the following:
1. Completed Bid Form (Typed or in ink)
2. The required contractors licenses
3. The completed Public Entity Crimes Form
4. The completed Drug-Free Workplace Form
5. Proof of Insurance
REVISED BiD FORM: ISSUE DATE FEBRUARY 6, 1997
AQUATIC WEED CONTROL
PROPOSAL (BID) FORM
Bidder hereby acknowledges receipt of the following Addenda:
A~dcndurn No. Da~
Addendum No. t February 6, 1997
Respectfully Subm~Ied By:
BIDDER APPLIED AQUATIC MANAGEMENT,
INC. PHONE NO.
(941)533-8882
State whether Bidder is a Corporation,
General Partnership, Limited Partnership,
Sole Proprietorship or Other on the liae below:
CORPORATION
ADDRESS P.O. BOX 1437
EAGLE LAKE,
SIGNATtmE
LINDA W. MYERS
FL 33839
~ or Typed Nme
PRESIDENT
T'rtlc
FAXNO. (941)534-3322
DATE 02/13/97
SUBMIT YOURB~ ~ ASEALEDI~gELOPEMARKED ASFOLLOWS:BID:
AQUATIC WEED CONTROL
YOUR PROPOSAL MUST BE SUBM1TFED TO THE CITY CLERK'S OFFICE AT SEBASTIAN
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:00 P.M. ON,
FRIDAY, FEBRUARY 14, 1997.
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6tate of Ronda "'
ment of AgnGultur. e and Consumer Servmes
Tallahas~ee Florida"" .
-'-:.:~
Bob Crawford
Commissioner
AQUATIC
COP.~ERCIAL APPLICATOR RESTRICTED USE PESTICIDES LICENSE
NUMBER 002979
POLK COUNTY
ISSUE DATE
RIGHT-QF-WAY CTL.
08/22/95
MYERS PAUL C (DPU)
PO BOX 3437
EAGLE LAKE FL 33839-1437
IS HEREBY AUTHORIZED TO PURCHASE, USE, OR POSSESS CERTAIN PESTICIDES
CLASSIFIED AS RESTRICTED UNDER RULE 5E-2.O22, FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO CHAPTER 487, FLORIDA STATUTES.
LICENSEE HAS READ, UNDERSTANDS, AND AGREES TO ABIDE BY EACH AND
EVERY PROVISION THEREOF AND TO FOLLOW EXPLICITLY LABEL DIRECT.IONS
ON THE PESTICIDE CONTAINER. THIS LICENSE EXPIRES ON THE FOLLOWING
DATE.
o8/31/¢j~
THIS LICENSE APPLIES TO THE USE OF RESTRICTED USE PESTICIDES ONLY ON
AREAS WHICH ARE EXEMPT PURSUANT TO CHAPTER 482.211 FS. IT DOES NOT
QUALIFY FOR A PEST CONTROL BUSINESS LICENSE.
Commissioner of Jiture
NOT VALID AS A LAWN & ORNAMENTAL PEST CONTROL
LICENSE, AS DEFINED IN CHAPTER 482, ES, ON PRIVATELY
OWNED RESIDENTIAL,PROPERTIES, EXCEPT ON APPLICATORS
OWN PROPERTY OR PROPERTY OF HIS EXCLUSIVE EJ~:~LOYER.
tate
I certify from the records of this office that APPLIED AQUATIC MANAGEMENT,
INC. is a corporation organized under the laws of the State of Flodda, filed on
June 4, 1981.
The document number of this corporation is F38686.
I further certify that said corporation has paid all fees and penalties due this office
throug.h December 31, 1997, that its most recent annual report was filed on
February 3, 1997, and its status is active.
I further certify that said corporation has not ~ Articles of Dissolution.
CR2EO22 (2-95)
Frith ba~ a{ February, 1997
SWOR~ STATEb{]iNT UNDER S~-CTION 257.133(3)(a),
I F%ORrD& ~T^Ttrr~, ON PUBUC ~ ~
THIS FORM MUST BE $IGI~D IN TI~ PRF.~ENCE OF A NOTARY PUBLIC OR O~
I OFFICER AUThOReD TO.ADMIN[s'rER OA'I-H:L
........ ~PLIED AQUATIC ~AGE~NT,
_ _. P.O. BOX 1437 EAGLE LAKE, FL 33839
Of sppii:~b~)'i~ tr~I~ral ~~ ~~ N~ ~ Is 59~2100,923
I6.
perso~ or m~i9, o~&.,~..d m~g~r ~ l~,es of' any .~._~ or ca' tb, e Uni~xi 3ta~ with ~:~ leg-~l ~ to eat~r
FLORIDA
POLK
02/13/97 ..-
!
!
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statu~e
APPLIED AQUATIC MANAGEMENT, iNC.
287. 087 hereby certifies that
!
!
Pub!ish' a statement notifying employees that the unlawful
manufacture, distribution, dispensing, Possession, cr
use of a controlled substance is prohibited in the workplace
and specifying the ac=ions that will be taken against
employees for violations of such prohibition.
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2. Infor= employees about the danger~ of drug abuse in ~he
I w~Ek~lace, the bu$i~es$'S policy o~ maintaining
chrug-free
wor~iace, ~y avail~le ~g co~seling, reh~ilitation,
e~Dloyee assist~ce.pro~ ~d the Den~tie~ ~at ~y be
~Dosed upon. ~ployees for ~g ~use violations.
Give each employee engaged in providing the commodities or
contractuzaI services that are under bid a copy of the
statement specified in ?=ragraph 1.
In the statement specified in Paragraph 1, notl=y the
employees that, as a condition of working on the co~--odi~'ies
or contractural services that are under bid, the --~ployee
will abide by the terms, of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo
conte~dere tO, _~uy violation of Chapter 18S3 or of any.
controlled substance law of t~he ~nited States or ~ny state,
for a violation occurlng in the workplace no later than ~ive
(S) days after such conviction.
Impose a sanction on, or require the satisfactory
participation' in a drug abuse assistance or Eehabilitatio~
progra~ if such is available in the employee's community, by
any employee who is so co~victed.
~ake a good faith effo=t to cont_~.nue to maintain a drug-free
work~lace through implementation of Paragraphs I thru 5.
Am th~ Derso~ authorized to sign r. his statement, I certify that
ebbs firm complies fully with the above r~quzLrement.
02/13/97
Date
.... , ...... ,. ,..,: ,..,: ,~**,'~.'"",...,-' '~'~i."i:,,~.~ ..,
CER/IF..ICATE OF.
[[[[ [[ [[ (ii ,[~d~[ ~i,%d[IL[[[,;[hl[ip[~ ,[[ ii[Ii[ii i#[,ik[ [[[ I" ,
p~,~t,[ TH~
CO~ NO
~ ~, ~ 33882 COMP~IES ~ORDING CO~GE
-'
INSU~ ~T~
Ap~lie~ A~aCic ~nag~en~,~e ~C
P.O. Box 1437
Eagle Lake, FL 3383~
~OVE~,GE~ ' ',,',,, ", '~'" ,,, ",, :',",,~;',~: ,, ~,~:~:~.~:~J~.~;~a~L~Jh~C~A~:~1;~
~1S iS TO C~ ~T ~E ~U~ OF INSU~CE USeD ~ ~ ~ ~U~ TO ~E ~ ~ ~OVE FOR ~E POU~ P~OD
INDIteD. NO~ST~DI~ ~ ~QUIR~. ~M OR
C~FI~ ~Y BE I~U~ OR ~Y ~N~ ~E INSU~CE ~ BY ~ ~ D~ ~ ~ SU~E~ TO ~ ~E ~.
~CLU5ION~ ~D ~ND~O~ OF ~H ~UCIES. UMffS ~H~ ~Y
co
AUTOMOBILE [.JA~IMTY
~ ANY N. rro
IKXJC~ E~"FECRV~ POUCY EX~RAllOW
C.Z~409535G 02/24/e6 02/24/97
Z810952W856ATIA96
1o/o2/e6 zo/o2/97
t~ER~t.~TE $ 2~000,000
_m:zaxms=:x~ ~. ; %, 000,.000
~sc~ &~v. ~ $ 1,o0o,o0o
~_~ s 1,000,000
~~) s 50,000
~ S 1,000,000
'
I · _EA,:~ ~ s 2,000,00o'
02/24/96 02/24/97. ~1~ $ 2,000,000
;
'1
100,000
oz/o~/~? oz/o~/~8 F. AC~ Ii
=SS~.~-;~C~UMn' 500,00~
~~ loo,0oo I
04/20/g~ 04/20/g? Per Claim 2,000,000
~g~'.ga=e 2,000,000 I
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Regular City Council Meeting
April 23, 1997
Page Eight
97.127/~ C.
96.239
/
Bid Award for Annual Aquatic Weed Control ~;o Applied Aquatic ~fanagement,.tnc. of
Eagle Lake, l~Iofida at 70% Level- $24,540 (City M. anager/Pucchasing Transmittal
4/8/97,_Bid Re,icky and Recommendation Form, Hill Letter 4dl/97. l~jd Document~
John Hill, Craven Thompson, gave a brief presentation and recommended approval as
presented.
MOTION by Taracka/Paul
I move to award the annual aquatic weed control contract to Applied Aquatic
Management, Inc. of Eagle Lake, Florida, at the 70% level alternative 3 as outlined in Mr.
John Hill's letter. Atter a trial period if the 70% level is unacceptable the City Manager is
authorized to increase the treatment level and negotiate a fair price for increased service at
his discretion so that we may achieve an acceptable level of weed control.
ROLL CALL:
MOTION CARRIED
John Hill noted that it
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
5-0
was citizen participation that brought about this program.
97.128
Drainage Ditch Encroachmerl.t - l_J.3jt 1. Block 12, Lot 23_L Sebastian Highlands (City
Manager Transmittal 4/16/97, Survey Under Separate Cover_ Locatiorl M_.ap. Hills
8/30/96, 9/16/96, Morrison L~l:ter 1 !/9/96..Vo_tapka Memo 11/22/96)
The City Manager reiterated his recommendation that City Council authorize him to
obtain an appraisal for the subject lot and proceed with negotiations with the property
owner for purchase.
Mrs. Cartwright asked whether there were statutes to be complied with for public hearings
for property purchase. The City Attorney said she would research it.
204
Regular City Council Meeting
August 12, 1998
Page Two
AGEb~A MODIFICATIONS (ADDITIONS AND/OR DELETJONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
MOTION by Wininger/Neuberger
I would move to move City Council matters to gA.
ROLL CALL:
Mrs. Cartwright - nay
Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
98.002/
98.112
PROCLAMATIONS. ANNOUNCEMENTS'AND/OR ['RESENTATION8
A. Pr~rttalign_~f {~¢rtj, fic0tes of Completion to Councillpembers C~ght ~d_Neuberger by Ci~
Clerk - Attendance at Advanced Institute for E[e~ted Municipal Officiala
The City Clerk presented certificates of completion to Councilmembers Cartwright and Neuberger.
CITY ATTORNEY MATTERS
None.
CITY MANAGERMATTER~
The City Manager discussed the City Attorney final payment, citing a letter submitted to Council today
relative to settlement; suggested a Council executive session on the union contract on August 19, 1998 at
6:00 pm in City Council Chambers; suggested Council allow him to proceed with a stand alone cable
franchise ordinance rather than a master telecommunications ordinance at this time; said a sign had been
posted welcoming the new ambulance; and reported the shoreline stabilization had been completed as well as
educational signs. He commended Carolyn Corum, Jerry Converse and Bucky Gerber for their involvement
in the signs.
15.
CITY COUJVL-IL M~TrERS
A. Vice Mayor Martha Wininger
Mrs. Wininger asked that when a contract is issued to a finn with option to renew for more years and
the contract is for more than $5,000, is it necessary for the renewal to come before Council again.
She questioned the Applied Aquatic contract which was renewed in May.
273
Regular City Council Meeting
August 26, 1998
Page Eight
98.161 5 D.
98.162 E.
98.025 F.
~pprove Extejl~ion of Contract with Applied Aquatic Management, Inc. for One Additional Year ir~
the Amount of_$29,500_(Asst, to Cj[v Manager/Purchasing Agent Tr_,qosmittal 8/19/9~.)
The City Manager said the difference in the amount was due to a change order during the first year of
the contract.
MOTION by Wininger/Cartwright
I would move that the contract be extended for one year effective May 19, 1998 to expire
May 18, 1999 and at that time it will be subject to renewal again and at the price of $29,340.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Camvri~t - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
Approve Renewal of Florida League of Cities tmgrajl~:e ?olJ~;j!~ in the Amount of $23.,9,655 to be
Al~llropriated in 1998/99 Fiscal Ye~ ~d Authorize City Manager to Exe~llte Two Year Prel~lium
Agreement Itirlance Dir.ector Transmittal 8/18/98. Renewal Ouotes, 2 Yr. Premium Gugrantee)
Following discussion on the pros and cons of locking in for two years at this rate or paying one year
at a time at a lower rate, whether the amount had been negotiated, direction to the City Manager to
review the past five years' premiums, and a withdrawn motion, a final motion was made.
MOTION by Cartwright/Paul
I move to defer the item until September 9, 1998 and ask staffto return us with the
requested information.
VOICE VOTE on the motion canied.
Agprove Purchase Order with C.R. McLellan for $7.500 [gr ~lgllation_of Manholo. in Main S~reet
Pipeline(Public Works Transmittal 8/1.8/98)
MOTION by Neuberger/Cam~hght
I move to approve purchase order with C.R. McLellan for $7,500 for installation of a
manhole in Main Street pipeline.
ROLL CALL: Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
300
Regular City Council Meeting
December 16, 1998
Page Four
98.161
~pprove Change Order with Applied Aqu~t~ Management Iris. in the Amount of $6_000 (Public
Works Transmittal 11/24/98, Change Order [)
The original contract amount indicated in the change order was questioned.
MOTION by Wininger/Cartwfight
i move to approve change order #1 with Applied Aquatics for $6,000 for ditch spraying with
the proviso that our City Manager check the figures on circle page25 and be sure they are correct.
It was requested that ditch spraying be included in the next contract bid.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Cartwright - aye
Nh'. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
10.
CONSENT AGENDA
Ali iterm on the con.~mt agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agmda i~m unless a member of City Council sa requests; in which event the item will be removed and acted upon separate~.
A. Approval of Minutes - 12/2/98 Regular Meeting
98.219
Approve Use of Riverview Park for Easter Sunrise Service by Sebastian River Evangelical Ministers'
Fellowship on April 4, 1999 from 6 am to 8 am - Bleachers and Electricity (City Manager Transmittal
12/10/98, Kempf Letter)
The City Manager read the consent agenda.
MOTION by Paul/Wininger
I move to approve consent items A and B.
VOICE VOTE on the motion carried 5-0
412
Regular City Council Meeting
January 13, 1999
Page Four
5. Mrs. Louis~ Canwright
Suggested that research be done to determine the date of the City's incorporation since the
Community Map states 1924 and this may be the City's 75th Anniversary, which would be
an opportunity to plan some events
8. CITY ATTORNEY MATrE. R~
Stated he will bring a resolution to Council authorizing execution of a deed relative to the auction and
sale of the airport property to Onsite Management for Collier Club
Reviewed two Attorney General opinions he had distributed on the sunshine law and candidates'
forums
Stated that comprehensive land use plan amendments were found by the Supreme Court to be
legislative rather than quasi-judicial, and recommended that the two public hearing items listed under
quasi-judicial tonight be held jointly but voted on separately "
9. CITY MANAGER MATY,_EILS
Noted a City Manager advertisement he had distributed earlier
Introduced Human Resources Director, Rich Samolewicz
Announced he had hired Mark Mason as the new Finance Director and said he had distributed his
rcsullle
Suggested adding a two acre adjacent parcel to the property being sought for additional Riverfront
park property and said he would add it as a future agenda item. He was requested to bring back a
report on the taxable value of the property before he leaves.
Reported that he was now receiving interest in the skateboard committee
Said the Human Resources Director will be bringing information to Council relative to Charter
officer evaluations and that he will ask Council at the Februa~ 10, 1999 regular m~eting to set the
workshop on the matter
Said figures for Applied Aquatic had been researched and the correct original contract price was
$29,340 and the new total with the change order will be $35,340.
10.
CONSENT_ AGENDA
AH 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 unless a member of City Council so requests;
in which event, the item wiil be removed and acted upon separately.
A. Approval of Minutes - 12/16/98 Regular Meeting, 12/30/98 Special Meeting
99.003
Approve Use of Riverview Park by County Recreation Department for Annual Easter Egg Hunt on
4/3/99 (City Manager Transmittal 12/9/98, Burdick Letter)
99.004
Approve Use of Community Center by Freeman for Birthday Party on 1/30/99 from 6 pm to 10 pm
with A/B - Security Paid and Age Verified (City Clerk Transmittal 12/15/98, Application)
I
City of Sebastian, Florida
Subject: Final Plat for Sebastian Lakes
P.U.D. Subdivision, Phase 1
Approved for Submittal by:
John Van Antwerp, Interim City Manager
Department Origin: Public Works
Martha S. Campbell, P.E.
TraCy Hass, Growth Mgmt'-,~
Date Submitted: 5/6/99
Exhibits:
Resolution and Final Plat
For Agenda of: 5/12/99
EXPENDITURE
REQUIRED: N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
Sebastian Lakes is a Planned Unit Development (PUD) located west of Roseland Road/Laconia
Road and south of County Road 512. The development will consist of 97 single family'homes
on 34 acres and will be developed in three phases. The final plat for approval is the first phase.
This phase of the project is to plat 32 single-family lots, recreational, and stormwater tracts. The
first phase of development will access CR-512 using the existing Sebastian Lakes Drive. The
roads and drainage systems will be dedicated to the homeowners association. Construction
drawings have been approved, but the improvements have not been completed. Therefore, the
City requires a letter of credit for the improvements. The staff is recommending conditional plat
approval as described in the Resolution. A letter of credit is outstanding as well as an easement
for the stormwater management system for the entire project. The attached resolution allows the
developer 45 days to deliver these two items before the Mayor and City Clerk may execute the
plat, otherwise the plat approval will be void. The plat map has been revie~ved by the city staff
and has been reviewed by an independent surveyor and meets all requirements for platting.
}RECOMM]~NDED ACTION
Adopt Resolution R-99-31.
RESOLUTION NO. R-99-31
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
SUBDMSION KNOWN AS SEBASTIAN LAKES PUD PHASE I;
PROVIDING FOR CONDITIONS THEREOF; PROVIDING FOR
LAPSE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, Lennar Northeast Partners, a limited partnership, has filed an application for
approval of a final plat for a subdivision known as Sebastian Lakes PUD Phase, I; and
WHEREAS, it is anticipated that said subdivision will be conveyed to GHO Development
Corporation prior to development thereof;
NOW THEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF THE CiTY
OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council of the City of
Sebastian does hereby approve the final plat for Sebastian Lakes PUD, Phase I, as prepared by
William E. Powell dated April 9, 1999 and revised April 30, 1999, subject to satisfaction of the
conditions below.
Section 2. CONDITIONS. The Mayor and City Clerk shall not execute the
record plat approved herein until the following have been provided to the City by applicant or its
successors-in-interest:
a. A Letter of Credit in a form approved by the City Attorney in the amount of
$491,858.00 as surety for the construction of the required improvements for the subdivision; and
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b. An easement for the stormwater management system in the remaining tracts of the
approved Sebastian Lakes PUD approved as to form by the City Attorney and approved by the
City Engineer as sufficient to assure functionality of the stormwater management of the
subdivision approved herein.
Section 3. LAPSE OF APPROVAL. The plat approval granted herein shall lapse
and become void if the conditions set forth in Section 2, above, have not been satisfied within
forty-five (45) days of the effective date hereof.
Section 4. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 5. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon 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.
The Mayor thereupon declared this Resolution duly passed and adopted this 12th day
of May, 1999.
CITY OF SEBASTIAN, FLORIDA
By:
Martha S. Wininger, Mayor
City of Sebastian
AGENDA SUBMITTAL
Agenda No. ~' O/Z
Subject: Golf Course Management contract
Approved for Sja[3mittal by:C/ky Manager
Exhibits: P-r6posed contracT'& prior contract
Department Origin: City Attorney,/,~d(f~f
~ - /
Date Submitted: 5/6/99
For Agenda of.' 5/12/99
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
SUMMARY STATEMENT
As per the direction of Council ~ven at the 4/28/99 meeting, the City Attorney has
reviewed a proposed contract between the City and Cerjan Golf Enterprises to modify the
relatio~ship with management at the Golf Course. The two major changes agreed to
between the parties, to change to a contract with Mr. Cerjan's corporation and to set the
parameters of his personal involvement, have been addressed in the manner approved by
Council. There a few minor changes from the text of the prior contract that appear to be
more semantics than substance.
RECOMMENDED ACTION
Consider approval of the Golf Professional Services Agreement between the City of
Sebastian and Cerjan Golf Enterprises, Inc., and authorization for the City Manager to
execute the same.
GOLF PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made this day of May, 1999 by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida; hereinafter
referred to as "City" and CERJAN GOLF ENTERPRISES, INC., a Florida corporation,
hereinafter referred to as "Consultant".
WHE~, the City desires to engage a Consultant who has special and unique
competence and experience in providing the planning, promotion, programming, general
operations and technical services for golf course operations; and
WHEREAS, the Consultant represents that it has such competence and
experience in providing these services; and
WHEREAS, the City in reliance 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 AGREED as follows:
1. Agreement: The Consultant and the City understand and agree thgt this
Agreement shall cover all of the services of the Consultant which the Consultant is
providing to the City of Sebastian. This Agreement is not an exclusive agreement and
the City may employ other consultants, professional or technical personnel to furnish
services not required by or within this Agreement for the City as the City in its sole
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discretion finds is in the public interest.
2. Engagement of Consultant: The City hereby agrees to engage the
Consultant and the Consultant hereby agrees to perform professional services for the
City in acc6rdance with this Agreement. The Consultant shall provide the necessary
planning, programming, marketing and promotion services, teaching, pro-shop services
and technical management services for the City of Sebastian Golf Course. The services
that the Consultant shall furnish to the City shall include, but not be limited to, the
following:
(1) Marketing the Golf Course: The Consultant shall exert its best efforts {o
promote and market the Sebastian City Golf CoUrse. to customers and prospective
customers for the purpose of increasing the profitable Utilization of the golf course. Such
marketing efforts shall include but not be limited to activities as follows:
(a) design and implementation of a marketing program to promote the
golf course operations;
(b) public appearances, announcements and advertisements;
(c) organizing tournaments and group play;
(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 complaints, comments and critical
remarks of customers about the golf course activities.
2
(2) Operating the Pro-Shop: The Consultant shall manage the operations of
the pro-shop.
(3) Provide Instruction: The Consultant shall provide individual and group
instruction. 'The Consultant will notify the City Manager of its fees and any changes to
its fees.
(4) Repair, Storage, Rental and Sales: Furnish golf dub equipment repair,
storage, rental and sales.
(5) Management Services: Provide management services for golf course
operational play, induding managing the golf course and scheduling play. :
(6) Junior Golf Operation: Promote and conduct the junior golf operation.
(7) Driving Range: Managing the driving range.
(8) Improvements: Making recommendati.o, ns to the City Manager abo'-ut
improvements to the golf course facilities.
3. Relationship of the Parties: The parties intend and agree the Consultant
is an independent contractor and not an agent or employee of the City. The manner and
means of fulfilling his duties under this Agreement shall be under the sole control of the
Consultant. The Consultant shall devote such t/me as shall be reasonably necessary to
discharge its duties under this Agreement. In connection therewith, the parties
acknowledge and agree that during the term of this Agreement and any renewals thereof,
Consultant's principal, PATRICK J. CERJAN, may leave the State of Florida from late
May of each year through the early part of September, but while absent from the State
of Florida shall maintain a regular and continuing contact with employees of the golf
course and shall be otherwise available for telephonic or facsimile communication with
City representatives. During the approximate nine (9) month period that PATRICK I.
CERjAN is in the State of Florida, he shall be on site on a regular basis. The Consultant
shall comply with all City pOlicies, state and federal laws in discharging l~is duties under
this Agreement. None of the benefits provided by the City to its employees including,
but not limited to, compensation, insurance, retirement benefits and unemploymen.t
insurance are available to Consultant. The Consultant is responsible for the
procurement of its own insurance and complying with all federal and state laws on
payroll, disability and F.I.C~. taxes.
4. Joint Cooperation: Continuing collaboration, and cooperation shall be
maintained by the Consultant 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 the Consultant all
pertinent existing information deemed necessary by the Consultant to be relevant to the
execution of the Project.
5. A. Concession and Operation: Subject to the terms and conditions set
forth in this Agreement, the City hereby grants to the Consultant an exclusive,
nontransferable and personal concession license ("concession license") to operate a pro-
shop 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 Fadlities"). The Consultant may use the Concession Facilities to repair,
store, rent ahd sell golf equipment, golf clothing and apparel. Consultant agrees to pay
the City, in return for the license granted herein, a basic concession fee of $200.00 per
month plus sales tax, payable on a monthly basis as long as this Agreement remains in
effect.
Duties of the Parties: The Consultant shall maintain all equipment in the
Golf Pro Shop used
clothing and apparel.
for the repair, storage,; rental and sale of golf equipment, g61f
The City shall maintain the air conditioning, computer system
and equipment and fixtures attached to the reali:y. The City shall have the right to have
personnel and equipment located in the Concession Facilities. City personnel in the pro-
shop may collect green fees, cart rental fees and any other charges or revenues generated
at the golf course and pro-shop. The Consultant agrees that all transactions at the golf
course or pro-shop shall be paid through the City cashier. The Consultant shall provide
all merchandise for sale in the pro-shop and all range balls for the driving range. The
Consultant shall reimburse the City an amount equal to 3% of the gross revenues on the
use of the driving range as the cost of retrieving range balls by the City. This amount
shall be adjusted every year by mutual agreement of the parties. The Consultant shall
have the exclusive right to retrieve and sell golf balls recovered from 5vater hazards at the
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golf course as long as the Consultant is engaged by the City. The Consultant shall
comply with all the requirements of all public authorities and the terms of all state,
federal and local laws, ordinances and regulations. The Consultant shall obtain all
necessary lidenses from all units of government. The Consultant shall maintain during
the term of this Agreement all books, reports which the City shall reasonably require.
The City shall pay for the eiectridty, water, sewer and garbage collection, if necessary
from the Concession Facilities, and the Consultant shall pay all taxes arising from the
operation of the Concession Facilities. The City reserves, and shall at all times have, the
right to enter the Concession Facilities to inspect the same. The City also reserves ~e
right, from time to time, at the City's own expense, to make renovations, repairs or
changes, about and to the Concession Facilities. The City also reserves the right to use
the Concession Facilities as long as such use does not interfere, with the Consultant's use
of the facilities. The Consultant is granted the concession license as long as the
Consultant is engaged by the City under this Agreement. If either party terminates this
Agreement under the provisions of paragraph 5(d) or paragraph 7 of this Agreement, the
concession license shall terminate on the day the Consultant's engagement terminates.
C. Concession Facilities: It is expressly agreed and understood between the
parties hereto that nothing in this A~eement shall be construed as empowering the
Consultant to encumber or cause to be encumbered the Concession Facilities in any
manner whatsoever. In the event that regardless of this prohibition any person
6
furnishing or claiming to have furnished labor or materials at the request of the
Consultant, or any person claiming, by through or under the Consultant, shall file a lien
against the Concession Facilities, Consultant shall within thirty (30) days after being
notified thereof, cause such lien to be 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 lien 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 recover any amounts so paid from the Consultant.
D. FAA Approval and Regulation: The City and the ConSultant acknowledge
this Agreement may be subject to approval by the Federal Aviation Administration
("FAA"). The parties therefore, agree that in the event FAA approval is required and the
FAA refuses to either grant its approval or issue a letter of no objection with respect to
this Agreement, the parties shall modify the terms of this Agreement in the manner and
to the extent necessary to obtain FAA approval. In the event any such modification
would serve to materially increase the obligations of a party hereunder, the affected party
may terminate this 'Agreement upon giving thirty (30) days advance notice to the non-
affected party.
E. Authorization: The City authorizes the Consultant and its principal,
PATRICK J. CERJAN, during the term of this Agreement or any renewal thereof, to
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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. ' Compensation Schedule and Pro-Shop Inventory:
(1) The Consultant will be compensated for the provision of services
described in this Agreement 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):
A. The professional fee shall be an amount equal to the gross
revenues ("gross revenue") collected from: ;1) locker rentals, 2) dub storage, 3) golf dub
rentals, 4) golf club repairs, 5) pro-shop merchandise sales, 6) gift certificate sales, 7)
instructional lessons, 8) the sale of golf balls recovered from water hazards on 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) dub storage, 3)
golf dub rentals, 4) golf dub repairs, 5) pro-shop merchandise sales, 6) gift certificate
sales, 7) instructional lessons, 8) the sale of golf balls recovered from water hazards on
the golf course and 9) the use of balls at the driving range. Notwithstanding anYthing
hereunder to the contrary "gross revenue" shall not include any revenue from activities
at the golf course not specifically described in this paragraph. The City specifically
reserves the right to employ other personnel consisting of two golf professionals at the
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golf 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 term
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of this Agrdement, the City shall pay to the Consultant an amount equal to the
professional fee payable with respect to such business day. A quarterly audit of the
operations of the golf course 'performed by the City for any period occurring during the
term of this Agreement shall reflect the actual "gross revenue" of the golf course
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operations for such period. If the actual "gross revenue"of the golf course operation for
any period as determined by such audit shall be greater or less than the gross revende
of the golf course operations used to compute the professional fee payments during any
period of this Agreement, the City shall pay to the Consultant 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 City which are not pledged as
security for the payment of any indebtedness of the City of Sebastian.
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D. On the termination of this Agreement the City shall purchase
from the Consultant all logo goods at the wholesale invoices price, provide~i' 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 wholesale cost and
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payment shall be made to Consultant within thirty (30) days from the date of the
termination of this Agreement. 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 bi? 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 112.06i of the Florida Statutes.
7. Duration:
(1) This Agreement shall become effective on May 14, 1999 and shall
remain in effect for a period of two (2) years, unless terminated for breach or as provided
in this Agreement. This Agreement may be terminated by either party with or without
cause. This Agreement shall supersede any prior agreements between the parties. This
Agreement may be canceled by the City upon notice as set out in this Agreement
without penalty or cause. This Agreement shall be extended for an additional two (2)
year period commencing on May 14, 2001 upon mutual consent of the parties hereto.
(2) This Agreement may be terminated without cause by written notice of
either of the parties to the other party of 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.
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If notice is given by either party which terminates the engagement of the Consultant
under this Agreement with or without cause prior to the expiration of the Agreement,
the 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 (2z~) hour written notice without penalty. Cause for the purpose of this paragraph
means the Consultant's 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 o[ drugs, chemical dependency, the conviction of"a
~lony.
8.
Covenant Against Contingent Fees: The Consultant warrants that it has not
employed or retained any company or person, other than a bona fide employee workihg
solely for the Consultant to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona
fide employee working solely for the Consultant any fee, commission, percentage, gift
or any other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of this paragraph, the City shall ha~)e the
right to terminate the Agreement ~vithout liability and, at its discretion, deduct from the
Agreement price, or otherwise 'recover, the full amount of such fee, commission,
percentage, gift or consideration.
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9. Personnel: 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
under this Agreement. Personnel retained by the Consultant who perform services under
this Agreement shall not 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. Responsibility of the Consultant:
(a) The Consultant is responsible for the professional quality and effectNe
operation for the City of Sebastian Golf Course, and the efficient coordination of all ""
activities, and other services furnished under this Agreement.
(b) The Consultant will honor the provisions of existing contracts executed
by the City for services performed at the golf course and will provide advice and
assistance in contract negotiations in the event it is determined to continue with the
contractual services.
1 I. Interest of Members of City and Others: No officers, members or
employees of the City and no members of its governing body, and no other i~ublic
official of the governing body of the locality or localities in ~vhich 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
12
any decision 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. 'Insurance: 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 its activities and a contract indemnification rider for paragraph 18 of this
Agreement. ..
13. Interest of Contractor: The Consultant shall not undertake any profession'~l
work which conflicts with its duties as the City's Consultant without the prior written
consent of the City Council or the City Manager during the term of this Agreement or
any renewal thereof.
14. Corporate Control: During the term of this Agreement or any renewal
thereof, PATRICK J. CERIAN shall retain control of not less than 51% of the
outstanding shares of stock in the Consultant.
15. Compliance W. ith the La,v: The Consultant expressly agrees to comply with
all laws and regulations relating to providing services under this Agreement. The ~ilure
of the Consultant to adhere to any law or regulation pertaining to £umishing services
under this Agreement shall constitute a material breach of this Agreement.
16. Waiver: The waiver by the City of any of the Consultant's obligations or
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duties under this Agreement shall not constitute a waiver of any other obligation or duty
of the Consultant under this Agreement.
17. Public Entity: The Consultant shall file a sworn statement ~vith the City
which is Attachment II stating whether a person or affiliate as defined in Section
287.133 (1), Florida 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.
18. 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 ~e City, its agents, guests, invitees and employees, from
all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees,
costs and judgments of every kind and description to which, the City, its agents, guests,
invitees or employees may be subjected to by reason of injury to persons or death or
property damage resulting from or growing out of any negligent act of commission,
omission or fault of the Consultant, with its agents or employees, committed in
connection with this contract.
19. Drug-Free Workplace: Consultant's drug-free workplace policy is to
prohibit in the workplace the unlawful possession, use, dispensation, distribution or
manufacture of controlled substances. For purposes of this policy, "controlled
substances" indude inhalants and illegal drugs. Alcoholic beverages are also prohibited
14
on the City's premises unless provided by a City sponsored event. Violation of this
policy will result in disciplinary action up to and including termination of this
Agreement.
Depending upon the circumstances, other action, including notification of
. appropriate law enforcement agencies, may be taken against any violator of this policy.
In accordance with the Drug-Free Workplace Act of 1988, as a condition of
employment by the Consultant, staff members must comply with this policy and notify
management within five (5) days of a conviction for any criminal drug violation
occurring in the workplace. Failure to do so will result in immediate termination
employment by Consultant. ~in~ur~, ~ as required by the Act, report such
convictions within ten (10) days of our learning of the 'conviction to the appropriate'
federal agency. Any staff member arrested in connecti, on with a criminal drug violation
occurring in the workplace will be placed on personal leave of absence without pay and
could face termination of employment pending the outcome of any legal investigation
and conviction.
IN WITNESS WHE~OF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST: THE CITY OF SEBASTIAN
Kathryn M. O'Halloran
CMC/AAE, City Clerk
(Seal)
By:
Print Name:
Tide:
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)
Signed, sealed and delivered
in the presence of:
Witness
Print Name:
Witness
Print Name:
Approved as to legal form and content:
By:
Print Name:
Title: City Attorney
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CERJAN GOLF ENTERPRISES, INC.
(Consultant)
By:
Patrick J. Cerjan, President
City of Sebastian, Florida
Subject: Florida Communities Trust,
Preservation 2000 Grant
Approved for Submittal by: City Manager
Exhibits:
EXPENDITURE
REQUIRED: $100,000
Agenda No.
Department Origin: City Manager
Date Submitted: May 6, 1999
For Agenda of: May 12, 1999
AMOUNT BUDGETED:
IAPPROPRIATION
KEQUIRED: $100,000
$1YMMARy
It has been brought to my attention that the City of Sebastian does not meet the requirements for a-
no fund match to the Florida Communities Trust, Preservation 2000 Grant. Cities with a population
of less than 10,000 would qualify. Therefore, some match will be required. The City's consultant,
Cape Canaveral Scientific, Inc., suggested that a 25% match would provide additional points during
the grant review process. Since the asking price of property is $400,000 a $100,000 (25%) City
match is recommended.
~COMMENDED AL-~QN
Move to proceed with grant application, providing for $300,000 grant at $100,000 city match.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE {561) 589-5330 [] FAX {56t} 589-2566
MEMORANDUM
DATE: May 4, 1999
TO: . John Van Antwerp, Interim City Manager
FROM. Martha S. Campbell, P.E. City Eagineer~~~_~ \ ~
SUBJECT: Florida Communities Trust, Preservation 2000 Grant '
At the April 28, 1999 Council Meeting, during my presentation on the sUbject agenda item, I
stated there would be no City match required. It has been recently learned that this was
incorrect. Only cities with population less than 10,000 do not need a match. Sebastian does
not meet this criterion, therefore some match will be required. Our consultant, Cape Canaveral
Scientific, Inc. suggested that a 25% match would be helpful and provide us additional points
during the grant review process. The asking price of the property is $400,000, therefore
$100,000 would be the City's 25% match. The grant application will require a budget showing
the match amount. It is intended that the applicalion will show a 25% City match, or $100,000.
City of Sebastian
AGENDA SUBMITTAL
Agenda No. ~-~002--
Subject: Ordinance 0-99-03; revised
Water Restriction Plan
Department Origin: City Attorney
Approved forfiubmittal by.'~ ~anager
Exhibits: Ordinance O-99-03; Article IV,
Chap. 102, Code
Date Submitted: 4/22/99
For Agenda of: 5/12/99
Expenditure Required: n/a
Amount Budgeted: n/a
Appropriation Required: n/a
SUMMARY STATEMENT
This ordinance revises the Water Restriction Plan to include year-round restrictions on
mid-day watering, shifts hours of irrigation during water emergencies further away fi-om
daytime hours, provides for enforcement through city code enforcement officers as well as
police, clarifies enforcement provisions and deletes outdated provisions.
The ordinance has been modified following the workshop held 5/5/99.
RECOMMENDED ACTION
Approve Ordinance 0-99-03 on first reading with/without modifications, set June 9, 1999
for the date of public hearing, and authorize advertisement thereof.
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
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, 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.
the Ci.ty of
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 diff'erent meaning:
Water means water taken from:
(1) :ghe c-g-y Any l~ublic 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.
T~2s The_ svstems enumerated are intended to include s, but is are 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 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 personncl of
the city- who have arrest powers pursuant to state lawh shall be
authorized and empowered to enforce the provisions of this article
through a rtoacdminal citation, with j.urisdiction vesting irt the coun[y
court upon failure of the violator tq~ pay the same. However. where the
offense is desigtaated a misdemeanor, the officer shall issue a, Notice to
Appear_ before the counl3, court.
(b) In addition to the penalfics~ for violations provided in ~his
micle, -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 wateF supply is-discontinued
under thc provisions-of this article, such person will be required to pay
all charges necessary for reconnection before thc city will reconnect
suctvperso~'-s water supply.
Addilionally, the cio code cnfomement~_fficers are authorized to
enforce the provisions of this articl9 under the citation method of Code
~;ection 2-194. If personal_contact is made with the violator, the officer
shall require_immediate compliance, but if contact cannot be made the
Officer shall prominently post notice of the violation and require
compliance within 24 hours. Notwithstanding the above time limits, or
the requirements of Section 2-194, if the individmll has previously been
notified of a_ violation of this article, the officer shall immediately issue a
citation.
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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 rep_air on an irrigation system. These permits
may be issued with conditions, 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 issued when necessary for the ecQnomic
viability of a business venture,, subject to the terms and conditions ~et
forth above, for a fee of $20 for a permit of limited duration or on an
annual basis for a fee of $50 when supported by the aforesaid county
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 vioiation~f article.
(a) Violators of any of the provision~ of this-article, upon conviction, shall
be subject to the following penattics:
(1) F-i~:st offense, fine not-to cx~eed $2-5.00;
(~) Second offense, fine not to exceed-S50.00;
(3-) A~y 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 offense after the second conviction during the same
water shortage or water shortage emergency shall be deemed to-be
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guilty of a, second degree-misdemeanor and punished according-to state
taw for such offenses.
(b-) Each day of continued violation shall-be considered as a
separate 0ffense'
Year-round restrictions.
Qutdo_or irrigation by arly manner is prohibited_ between the hours
" ' flf 9 a,.m. and 5 p.m.. year-round.
Locations in the city with odd-numbered addresses are only '
allowed to irrigate on Monday. Wednesday and Saturday. Locations
with even-numbered addresse~ or no lisled address are only allowed to
irrigate on lues_day, Thursday..and_ Sunday. However. new plantings are
not subject to the three-day rotation fo_r_ an initial thirlc'-day period alter
install,afion.
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 of ~lll~i'gg~¥ resl:rictioIl~s.
The curtailments and restrictions of water uses provided for in tk2~
article ~ections 102-83 through 102-94. below, shall be implemented
upon a declaration at any time oft-he 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 beat 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, domcstic rgsidential
and commercial -- existing installations.
(a) For existing installations of landscaping on residential and
commercial l~arcels less than five acres in size, water use for irrigation is
restricted to the hours of 4:00 ~.rce 6 o.m, to 8:00 ~m. 10 p,m,, three
days per week.
(b) For existing installations Of landscaping on residential and
commercial parcelo five acres or greater in size, water use for irrigation
is restricted to the hours of 12:0t a.m. 6:00 p.m. to ~ 2:00 a.m.,
three days per week.
(c) For all existing installations witloayat automatic irrigation
timing devi¢cs, irrigation is also permitted during the hours of 4:00-p.m
t~) 8:00 p.m., three days pcr week.
(d) Installations Parcels with odd:numbered addresses are
permitted to irrigate on Monday, Wednesday and Saturday. Installations
Parcel~ 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 votumc irrigation of plants and crops with one hose,
freed with an automatic shutoff nozzle, is pemaitted-but conservation
should be practiced.
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(Jo) For inst~ations including home flower gardens which have i
been in place tess than 30 days and are less-than five acrca in size, I
irrigation using automatic timing-devices is restricted to the hours of
2:00 a.m. to 8:00 a.m., Monday through Friday. I
(c) For areas five acres or greater in size, irrigation is restricted
to the hours of 12:01 a.m. to 8:00 a.m., Monday through Friday. i
{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. t-o-8:00 p.m., Monday-through Friday. There are '.
no restrictions for those watering by hand using Iow volume methods. I
Landscaping installations on residential or commercial parcels that
h~tve been in place for thirty days or l{iss shall have the followinc~
restfi~ians on ~vatefing;
(a) Low volume irrigation ~vstems or hand- watering is allowed, I
~ addition to the methods ~et forth below, at any time except between
the hQurs Qf 9 ~m~ ~nd 5 p.m,~ " I
· ) ' Qther irrigation systems are restricted t9 watering between
the hours of 5:00 p.m. and 9:00 p.m. I
(-cO &c~ditiQnally. C~leaning and adjusting of new irrigation systems is I
restricted to ten minutes per zone on a one-time basis. I
Section 9, That sections 102-86 through 102-89 of the Code of Ordinances, i
City of Sebastian, Florida are hereby deleted and said section numbers are reserved for
future use. I
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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.agrienl,tural_use restrictions,
Inside overhead irrigation for nursery and ag_dcultural uses are
restricted to 8:00 a,m. to 8:00 p.m., seven days per week. Outside use
irriga_lion 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:
Sec. 102-91. Golf course a-Use restrictions for public ~Kds-faciljt]t~s.
_Within three days of the decimation of a water shortage
emergency, cuslodians of publicly-owned facilitie~ must submit a water
use plan to the city manager that. while comidering the mangower
r.e~traints of the enti~, balances the same against the policies of water
conservation such as eval~oration avoidance and spreading out the times
and days of irrigation. The city manager ma~ approve or reject said plan.
or approve the same with mQdificgtions. Modifications to a rejected p_lan
must be resubmitted within_three day.~L
(a) Irrigation of greens and tees must-be accomplished dm:lng
noadaylight hours.
(b) Irrigation of faipa'ays, roughs and nonph~ying areas on the
first nine holes of the course is restricted to the hours of 12:0t a.m. to
8:00 a.m. on Monday, Wednesday, and Saturday.
(c)- In4gation of fairways, roughs and nonplaying areas on the
last nine holes of the course is restricted to thc hours of 12:01 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 heat pumps) use shall be
restricted to water--neccssao-to maintain temperature no cooler than 78
degrees Fah}-emheit.
(-c-) 1~ Washing and cleaning streets, driveways, sidewalks, or
other nonporous areas with water is prohibited.
(-d-) L~ Noncommercial Vvehicle washing 9ther than through a
permilIed commercial car wash, 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) (d) Outside pressure cleaning is restricted to only Iow volume
methods, seven days per week prohibited except by licensed
professionals hQIding a valid water use permitL
(-0- (e) 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.
(a) Violators of section 102-81 shall be ~ubject to the following penalties:
(1) First offense; citation amount_of$25.00, maximum fine upon
convicti~2n in c'0un~ court of $75.00:
(2) Second offense; citation amount of $50.00, maximum'
fine up. on conviction in coun!y court of $150.00~ and
(3) Third and ~u~.sequent offenses; citation amount of
$100.00. mgximum fine upon conviction of ~250.00.
Lb)_Violators of sectioms_J_Q2-83, 102-84. and 102-90 through
102-94 shall be subject to the following l~enalties:
(1)- First offense; citation amoum of $50.00, maximum fine upon
conviction in coun~ court of $100.00;
(2) Second offense; citation amoun~t of $150,00. maximum
fine upon conviction in cQunty court of $250.00; and
~3) Third and subsequent offenses shall constitute a second degree
misdemeanor punishable in accordance with ~tate law.
(c) Citations shall be paid to the office of the City Clerk at City Hall.
DeSection 14. TE~4:k~ NOTIFICATION PROVISION. ~
the following enforcement notification guidelines shall be in effect for
this article:
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(a) If personal contact cannot be made with anyone having ownership or
control of a residence found to be in violation of this article 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 atter 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 pans of ordinances in conflict
herewith are hereby repealed.
Section 16. SEVERABII,1TY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitUtional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
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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
upon being put to a vote, the vote was as follows:
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Couneilmember Ben A. Bishop
Coundlmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this __
day of June, 1999.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Martha S. Wininger, Mayor
Kathryn M. O~alloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
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City of Sebastian, Florida
Subject: City Attorney Evaluation
Approved for Submittal by: City Manager
Exhibits: * Performance Evaluations previously submitted
· Excerpts from 2/24/99 and 4/28/99 Meetings
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: N/A
Agenda No.
Department Origin: City Manager
Date Submitted: May 6, 1999
For Agenda of: May 12, 1999
IAPPROPRIATION
SUMMARY
As previously discussed, attached find city attorney performance evaluations submitted by former
City Councilmembers. Per the City Attorney's contract, he is due an evaluation after a 6 monih
period.
RECOM~'IENDED A C,.TIQJN
Discuss the procedure to be followed for City Attorney performance evlauation.
From:
Subject:
Date:
Rich Samolewicz, Director of Human Services
Chucl~ Neuberger, C'tty Councilmember
Evaluation of City Attorney
March 12, 1999
Mr. Richard Stringer has been the City Attorney for six (5) months. This not
nearly a fair amount of time to evaluate such a complex position.
Many areas of his position have, in my opinion, not been demonstrated and can't
be fairly evaluated at this time.
However it is my opinion that all aspects and area's entered to this point in time
have been totally satisfactory, and, I have had no complaints as to the QUALITY,
PRODUCTIVITY, JOB KNOW~DG~ PRODUCTIVITY or INITIATIVE put
forth by Mr. Stringer.
Other Areas, ATTITUDE, ATI'ENDANCE, DEPENDABiLITY seem to be
ABOVE SATISFACTORY.
Since this is only a first evaluation (5) month, I feel no salary increase is appropriate
at this time.
However I do think a (1) percent Cost Of Living increase is in order as per all City
Employees at this time.
Signed. C. NEUBERGEKJR./
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Recommended modifications to Golf Professional Services A~reement:
1. Paragraph 2 (5)
Insert additional sentence: "As part of the managment services, by September 1 of
each year Consultant will submit a modification/update of the program for the
marketing and operational activities at the golf course.'
2. Paragraph 3
Modify 5th sentence by addition of language to read: "During the approximate nine (9)
month period that PATRiCK J. CERJAN is in the State of Florida, he shall be on
site on a regular basis for a minimum of forty (40) hours per week."
3. Paragraph 6(1)(.4)(6) and (B)(6)
Insert added language to read: "Pro shop merchandise gift certificate sales"
4. Paragraph (6) (1) (D)
Add sentence at end to read: "Any unredeemed pro shop merchandise gift certificates
outstanding at the time of termination shall be reimbursed to City by Consultant."
5. Paragraph 7(3)
Change word "means" to the word "includes"
CiTY COUNCIL MEETING DATE:
ITEM NO.
ROLL CALL
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
Mr. Majcher
ITEM NO,
ROLL CALL2
Vice Mayor Neuberger /
Mr. Barczyk J
Mr. Bishop ~
Mr. Majcher o/
Mayor Wininger
MOTION
SECOND
SECOND
iTEM NO.
ROLL CALI,~/
Mr. Barczyk l
Mr. Bishop ~
Mr. Majcher
Mayor Wininger ~'
Vice Mayor Neuberger ~/
ITEM NO.
ROLL CALL
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk ~
MOTION
MOTION
SECOND
SECOND
ITEM NO.
Mr. Majcher
Mayor Wininger
Vice Mayor Neub~y.,ger
Mr. Barczyk ~"
Mr. Bishop
MOTION
SECOND
CITY COUNCIL MEETING DATE:
ITEM NO. q ~2,//0
ROLL CALL
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk /
Mr. Bishop /
Mr. Majcher//
MOTION
SECOND
ITEM NO. ~.///
BOLL 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
MOTION
ITEM NO. ~q' ~/°~, , MOTION ~ S~GOND f
Mr, Mqch~ ~~ ' '~
Mayor Wi~nger ~
Vice Mayor Neuberger
~. Barc~k
ITEM NO.
ROLL CALL
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop/
MOTION .~~
CITY COUNCIL MEETING DATE:
ROLL CALL
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
Mr. Majcher
ITEM NO.
ROLL CALL
Vice Mayor Neuberger
Mr. Barczyk ,~
Mr. Bishop J
Mr. Majcher ,~/
Mayor WiningerJ
MOTION
MOTION
SECOND
ROLL CALL
Mr. Barczyk
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
,. MOTION
SECOND
ITEM NO.
ROLL CALL4
Mr. Bishop x//
Mr. Majcher
Mayor Wininger
Vice Mayor NeubergerA//
Mr. Barczyk
ROLL CALL 5 .,
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
MOTION
MOTION
SECOND
SECOND ~/~
CITY COUNCIL MEETING DATE:
ITEM NO.
MOTION
/2/
SECOND
ROLL CALL1
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
Mr. Majcher
ITEM NO.
MOTION
SECOND
ROLL CALL 2
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
Mr. Majcher
Mayor Wininger
ITEM NO.
MOTION
SECOND
~L CALL 3
Mr. Barczyk
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
ITEM NO.
MOTION
SECOND
ROLL CALL__4
Mr. Bishop
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
ITEM NO.
MOTION
SECOND
ROLL CALL
Mr. Majcher
Mayor Wininger
Vice Mayor Neuberger
Mr. Barczyk
Mr. Bishop
99.114
Barber Strcetrrulig.Driv~ Traffic Signalization (City Manager Traa~lnittgl 5/6/99, Warrant
An~LvsiO
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Counci0
15
City of 5 bc tian
12Z5 M~in Street D Sebastian, Florida 329~8
Telephone (561) 589-5330 Q F~ (561) 589-5570
E-Mail: ci~seb~iu.net
SEBAST~N CI~ COUNC~
MINUTES
REGULAR MEETING
WEDNESDAY, MAY 12, 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.~0 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Pastor Mike Lyle - First Church of the Nazarene
ROLL CALL
City Cgl;llgil Present:
Mayor Martha S. Wminger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff Present:
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
May 12, 1999
Page Two
AGEI~IDA MODIFICATIONS (ADDLTIO~$ AND/OR DELETIONS}
Items not on the written agenda may be added on~p upon a majority vote of City Council memberz (R.99-21)
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
CITY ATTORNEY
go
CITY MANAGER MATTERS
~TY CLERK MATTERS
2
10.
CITY COUNCIL MATTERS
A. Mr. Bishop
B. Mr. Majcher
C. Mayor Wininger
D. Vice Mayor Neuberger ~ .w~
Eo
Mr. Barczyk
11.
99.107
99.108
z.tq
CONSENT AGENDA
All 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 unless a member of CiO~ Council so requests; in which event, the item will be removed and acted upon separate~.
Approval of Minutes - 3/30/99 Orientation Meeting, 4/24/99 Special Meeting, 4/28/99 Regular
Meeting, 5/5/99Workshop & Special
R-99-30) Vacation
[~rSOlution No. of Easement - DiSalvio - Lot 2 & 3, Block 108, SH Unit 2
owth Management Transmittal 5/6/99, R-99-30, Application, Site Map, Staff Report, Utility
Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA VACATINO A PORTION OF
CERTAIN F_.~SEMENT OVER LOTS 2 & 3, BLOCK 108, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDINO; PROVIDINO FOR EFFECTIVE DATE.
(l~esolution No. R-99-¢- Vacation of Easement - Ando Building Corporation . Lots 12, 13,
14, an~ 15, Block 18~, SH Unit 8 (Growth Management Transmittal 5/6/99, R-99-30, Application,
Site Map, Staff Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EAS~ OVER LOTS 12, 13, 14 AND 15, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read the Consent Agenda and the City Attorney read Resolution Nos. R-99-30 and
R-99-32 by title.
MOTION by
I move to approve items A, B and C of the consent agenda.
4
14. COMMITTEE REPORTS[~ECQMMENDATIONS
99.109
Coi]~ t~nforccmcnt Board
(City Clerk Transmittal 5/5/99, 2 Applications, Ad, Board List)
1. Interview and Appoint as follows:
a. One Regular Member General Contractor Position - Term to Expire 6/2002
b. One Regular Member Businessman Position - Term to Expire 3/2000
6
15. OLD BUSINESS
99.015
C.R. McJ, t, lli~ual 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 - I~fcaxed from 4/14/9.9 (Cily M0~ager Transmittal
4121/99, McLellan Letter. C,~r~ificat~ of.Liability, Certificate of Premium Payment, Engineering/
Public Works Transmittal 4/7./99, WQr]~ Orders)
7
16. NEW BUSINESS
99.110
COPS-More GranLto Automate Police Records System - Authorize Cily Manager to Procg~ with
Purchase of CrimeFile 2000 FieldRe~orting Sy~t~m~ for Police Department from USA SoRware,
inc. - Sole Source (Police Chief Transmittal 4/28/99. Ouot¢;)
q ,qq
O0. H~ B.
Approve Final One Year Contract Extension with Applied Aquatic Weed Control I~l~ding Change
Order No. 1 for a Total of $35.~4Q to l~xpire 5/1~/2000 (City Manager Tran~Blittal 5/3/99,
Contrac0
9
99.112
Resolution blo. R-99-31 - S~b08tiall Lakes PUD Subdivision Phase I Final Plat Approval (,PubliC
Works/City Enginmr Transmittal 5/6/99, R-99-3 I. Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& APPROVING THE FINAL PLAT FOR A
SUBDIVISION KNOWN AS SEBASTIAN LAKES PUD PHASE I; PROVIDING FOR CONDITIONS THEREOF; PROVIDINO FOR
LAPSE; PROVIDINO FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE.
10
99.012
~Ql~sider Approval of Golf Professional Seryices Agre;i~rlt Between City of Sebastian and Cerjan
(~olf Enterprises, Inc. and Authorize City Manpger to Execute (City Attorney Transmittal 5/6/99,
Proi~osed Contract & c~rrer)t ContracO
11
99.105
Florida Communities Trust Preservation 2000 Grant
Application (Ci6, Manager Transmittal 5/6/99) - Provide.rOi- City Motch to Proceed with Grant
12
99.082
First Reading of Revised Ord,inq~tcc No, O-99-03 - Water Restriction Plan - Schedule Public Hearing
for 6/D/99 (Ci[y Attom~ Transmittal 4/22/99
wa~. oar~ANcE oF ~ crrv oF SEaXsT~AN, mn:
ATER RESTRICTION AN RIVER COUNTY
13
March 12, 1999
TO:
FROM:
RE:
Rich Samolewicz, Director of Human Resources
Martha S. Wininger, Sebastian Vice Mayor
/-
Evaluation of City Attorney
In response to your request for an evaluation of Sebastian City Attorney
Rich Stringer, a Charter Officer, please be advised that, in my opinion,
the use of a "NON-SUPERVISORY PERSONNEL EVALUATION" form is not the proper
method to use in fulfilling the requirements of Section IV., paragraph 1,
of the Employment Agreement between the City of Sebastian and Attorney
Rich Stringer, dated October 26, 1998.
Since Mr. Stringer has performed well and complied with the conditions of the
Employment Agreement, I recommend Section IIi, paragraph 1, be amended,
effective April 26, 1999, to read:
Salary - Mr. Stringer's salary shall be $63,000 per year payable
in bi-weekly installments of $2,423.08, which includes the 1% Cost-'
of-Living raise granted on April 1, 1999, to "...other full-time
exempt employees of the City." as provided in Section IV. paragraph 2,
of the above-cited Employment Agreement. '
At this time I do not recommend any other amendments to the Employement
Agreement between the City of Sebatian and Attorney Rich Stringer.
City Attorney Stringer
Interim City Manager VanAntwerp
City Clerk O'Halloran
City Council
Media
· t .
EVALUATION FORM?
SON-SUPERVISORY PERSONNEL EVALUATION
EMPLOYEE NAME: Richard $1ringer
TITLE: City 4ttomey
DEPARTMENT: Legislative ..
ANNIVERSARY DATE: 10/26/98
HIRE DATE: 10/26/98
EVALUATION DUE: 04/26/99
I II I I II III I
I
The purpose of this rating is to evaluate the employee's performance, to point out strong points and areas that
need improvement, and to provide directions for improvement. The evaluation must be reviewed by the Director
of Human Resources if the employee has been rated "Unsatisfactory" or "Improvement Needed" prior to
presenting the evaluation to the employee. You are required to obtain all signatures before submission back to
Human Resources for the employees personnel file. .
I
PERFORMANCE FACTOR: Rate one factor, at a time and check the performan&e level which you believe.
is most appropriate. (See Manual for definition of factors).
I
Job Knowledge
g Satisfactory
ef~bove Satisfactory
g Unsafisfictory
[] Improvement Needed
I
i
Quality of Work
g Satisfactory
~r~bove Satisfactory
g Unsatisfactory
g Improvement Needed
I
I
I
Productivity
[] Satisfactory
~/Above Satisfactory
Unsatisfactory
[] Improvement Needed
I
I
Initiative ~A ' ~
tn Satisfactory bove Satisfactory g Unsatisfactory [] Improvement Needed
I
i
I'
I
I
I
i
i
i
I
I
i
I
i
I
I
I
I
I
i
Att/mdc
[] Satisfactory
·/Above Satisfactory
Judgement
r~ Satisfactory
rgrAbove Satisfactory
Dependability
[] Satisfactory
at/Above Satisfactory
SSandance
tis£actory
m Above Satisfactory
Saearance
tisfactory
tn Above Satisfactory
$~/ety & Care of Equipment
Satisfactory [] Above Satisfactory
Relations with Others/
[] Satisfactory ~ Above Satisfactory
Unsatisfactory
[] Unsatisfactory
u Unsatisfactory
[] Unsatisfactory
[] Unsatisfactory
[] Unsatisfactory
u Unsatisfactory
[] Improvement Needed
m Improvement Needed
[] improvement Needed
Improvement Needed
[] Improvement Needed
[] Improvement Needed
[] Improvement Needed
Communications
r~ Satisfactory
a/Above Satisfactory
n Unsatisfactory
[] Improvement Needed
Satisfactory
OVERALL EVALUATION
m~Above Satisfactory [] Unsatisfactory
Improvement Needed
EVALUATOR'S COMMENTS
Employee's major strong pqints are: z'~.,~, oc?~,'--'c.,.(,,- /2 ,~ ,72c~,.., r~'Zr,.,~,.~_ ,w,,v.o O~/.'~.,ta
/%'~'sd~ ;'~ yS,,_,' c,r7· /e,_,' ,2 /',z,~ ,L,.,_~.z~,, ,~...,.., ,,e,-~ o~ /~
and these can be used more effectively by:
Employee's major weak points are:
strengthened by: .
,,a/a,4 t.c
l
and thede can be I
i !
!
!
RECONhMENDATiON
A performance salary increase should be ~anted in accordance with the pay and availability of funds.
A salary increase should not be given at this time, but the employee should be rated again and reconsidered
in days. ..
('Nan~e) (Title) (Date) I
EMPLOYEE'S COMMENTS
This evaluation has been discussed with me, and
I am satisfied with the rating.
I am not satisfied with the rating. (P,.ECORD COMMENTS ON BACK OF PAGE)
I wish m/~i~w th~rating with a hi,er authority. 0tECORD COMMENTS ON BACK OF PAGE)
(Employee s Signature),_.) (Date)
(Department Head Signature)
(Title) (Date)
(Human Resources Director)
{Date)
I
I
I
I
I
I I I
CITY OF SEBASTIAN
EVALUATION FORM
6 MONTH INTRODUCTORY PERIOD
~TON-SLIPERVISORY PERSONNEL EVALUATION
IIIII I I II III
I
i
I
I
I
I
EMPLOYEE NAME: Richard Stringer
TITLE: City Attorney
DEPARTMENT: Legi~lafi_ve
ANNIVERSARY DATE: 10/26/98
HIR.E DATE: 10/¢6/98
EVALUATION DUE:' 04~26~99
I III III I II II
The purpose of this rating is to evaluate the employee's performance, to point out strong points and areas that
need improvement, and to provide directions for improvement. The evaluation must be reviewed by the Director
of Human Resources if the employee has been rated "Unsatisfactory" or "Improvement Needed" prior to
presenting the evaluation to the employee. You are required to obtain all signatures before submission back to
Human Resources for the employees personnel file. ..
PERFORMANCE FACTOR: Rate one factor at a time and check the performance level which you believe
is most appropriate. (See Manual for defirdtion of factors).
I
Job Knowledge
g Satisfactory
s/~bove Satisfactory
Unsatisfactory
o improvement Needed
I
Quality of Work
[] Satisfactory
tg/Above Satisfactory
[] Unsatisfactory
g Improvement Needed
I
1
Productivity
Cl Satisfactory
~bove Satisfactory
Unsatisfactory
[] Improvement Needed
I
I
Initiative
~ Satisfactory
r~/Above Satisfactory
Unsatisfactory
Improvement Needed
I
Att/md.
g Satisfactory
~/'Above Satisfactory
[] Unsatisfactory
[] Improvement Needed
Judgement .
r~ Satisfactory ar~bove Satisfactory [] Unsatisfactory g Improvement Needed
Dependability /' '
[] Satisfictory ~'Above Satisfactory [] Unsatisfactory [] Improvement Needed
Attendance /
[] Satisfactory ~/Above Satisfactory u Unsatisfactory [] Improvement Needed
Appearance .
~atisfactory [] Above Satisfactory [] Unsatisfactory rn Improvement Needed
Safety & Care of Equipment
m Satisfactory g Above Satisfactory [] Unsatisfactory [] Improvement Needed
Relations with Others/
~ Satisfactory ~Above Satisfactory [] Unsatisfactory [] Improvement Needed
¢
Communications
n Satisfactory ~bove Satisfactory
Unsatisfactory rn Improvement Needed
Satisfactory
OVERALL EVALUATiON
~Above Satisfactory ~2 Unsatisfactory
[] Improvement Needed
EVALUATOR'S COMMENTS
Employee's .major strong points are: -/t~_5~, ,, ~ ~ .-~,~-~ ~ ,~.~~: ~
and these can be used more effectively by:
I Employee's major weak points are:
strengthened by:
and the~e can be
RECOM-MENDATION ]
A performance salary increase should be granted in accordance with the pay and availability of funds.
A salary increase should not be given at this time, but the employee should be rated again and reconsidered
in days.
· $./¢.??
EVALUATOR F'~J~e)~ ~t~/'- (Title) (Date)
E~IPLOYEE'S COSO'IENTS
This evaluation has been discussed with me, and
I am satisfied with the rating.
I am not satisfied with the rating. (R.ECORD COMMENTS ON BACK OF PAGE)
wish e. view ~e rating with a hi,er authority. (RECORD C0N~fENTS ON BACK OF PAGE)
(Employee's Signature~....) (Date)
Ill I
(Department Head Signature)
(Title) (Date)
(Human Resources Director) (-Date)
' I
I I I
CITY OF SEBASTIAN
EVALUATION FORM
6 MONTH INTRODUCTORY PERIOD
NON-SUPERVISORY PF~SONNEL EVALUATION
III II III II II III II I I I /
EMPLOYEE NAME: Richard Stringer
TITLE: Ci~ Attorney
DEP,~q, TMENT: Legislative ' '-
ANNIVERSARY DATE: t0/26/98
HIREDATE: _ 10/26/98
EVALUATION DUE: 04/26/99
I
The purpose of this rating is to evaluate the employee's performance, to point out strong points and areas that
need improvement, and to provide directions for improvement. The evaluation must be reviewed by the Director
of Human Resources if the employee has been rated "Unsatisfactory" or "Improvement Needed" prior to
presenting the evaluation to the employee. You are required to obtain all si~atures before submission back to
Human Resources for the employees personnel file. '.
PERFOI:LMANCE FACTOR: Rate one factor at a time and check the performance level which you believe
is most appropriate. (See Manual for definition of factors).
Job Knowledge
[] Satisfactory
.~bove Satisfactory
Unsatisfactory
Improvement Needed
Quality of F/or&
a';~(/S atisfact o ry
Above Satisfactory
Unsatisfactory
Improvement Needed
Productivity'
= Sarisfac:orv
CAbove Satisfactory.
Unsatisfactory
Improvement Needed
Initiative
- Satisfactory
Above Satisfac=o%'
r, Unsafisflc~ory
Improvement Needed
I
I
I
I
I
i
I
I
I
I
I
I Attitude
r~ Satisfactory ~Above Satisfactory. ri Unsatisfactory r2 Improvement Needed
i
I Judgement
I ~(Satisfactorv [] Above Satisfactory u Unsatisfactory c Improvement Needed
II
De]Jendability
i 'r~:~atisfactory [] Above Satisfactory cl Unsatisfactory ~2 Improvement Needed
I
I Attendance
~(Satisfactorv r~ Above Satisfactory t~ Unsatisfactory c: Improvement Needed
I
I Appearance
I .~ Satisfacto~' [] Above Satisfacto~ [] Unsatisfactory tn Improvement Needed
I
~afety & Care of Equipment
I .,~ Satisfactory cl Above Satisfactory [] Unsatisfactory ~2 Improvement Ne ed
I Relations with Others .
.~ Satishctor'v ~ Above Satisfactory r~ Unsatisfactory. c: Imorovement Ne..ded
I
I
I
Communications
.~/Satisfactory
Above Satisfactory
tn Unsatisfactory
Improvement Needed
_~r/Satisfactory
OVERALL EVALUATION
Above Satisfactory c~ Unsatisfactory
Improvement Needed
EVALUATOR'S_ COMMENTS
Employee's rrkajor stron~g goints are: g~r~4t.,4-z~ ~.~ ~-,.,~~/~,~
and these can be used more effectively by:
Employee's major weak points are:
stren~hened by:
and these can be
A salary, increase should n~~oyee should be rated again and reconsidered
(Name)"' (Title) (Date)
EMI:'LOYEE'S C05LMXNTS
This evaluation has been discussed with me, and
[ am satisfied with the rating.
I am not satisfied with the rating· (RECORD CO~B,[ENTS ON BACK OF PAGE)
I wish tg,~)e~e rating with a higher authority. (RECORD CO~hMENTS ON BACK OF PAGE)
(Employee's Signature)[.) (Date)
I I JII II I I
(Department Head Signature) (Date)
II Jl
i
I
I
I
I
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11
(Human Resources Director) (Date)
Regular City Council Meeting
February 24, 1999
Page Ten
99.054 J. D~ $~ffRegarding Twelve Strut Lights on Indian River Driye
(City
Mojlager
Transmittal_
2/17/99)
Following a lengthy discussion on the lights, and whether the approved new lights were installed,
motion was made.
MOTIO,N,, by Cartwright/Paul ·
I move to direct staffto k~,p offthe twelve street lights on Indian River Drive (those that
are currently off)", and then added, and ask City Manager to look into the type of lights that have
been provided by the manufacturer."
VOICE VOTE on the motion carried 4-1 (Sullivan - nay)
15. CiTY COUNCIL MATTER~ ."
A. ,M~or 1~ Sullivan'
Rec~ived, a consensus of City Council to have the current City Council do the City
Attorney s evaluation.
B. Vice Mayor Martha g/ininger
· that the whereabouts of Charter officers be known
Requested
during
working
hours
· Advised residents on how to report street lights outages by computer and again reiterated
that policx officers could write down pole numbers '
· Discussed a Press Journal editorial relative to selection of the new City Manager that
stating
she did not agree with public interviews'
· Asked how the City could allow developers to clear cut land
Said she believed there is an ordinance that bans clearcutting
D. Mr. Chuck Neulo;rg~r
· Complimented the Ci.ty Attorney and Growth Management Director for a recent action taken
to remove trash left by water expansion contractors from a property on Vocelle/Durant and
suggested an ordinance in the future to prevent it from happening again
· Noted a contractor is now dumping trash at the airport
·· Asked again for signs prohibiting dogs in City parks
Suggested a prohibition against contractors hired by the City subcontracting out their work
· Said he was shocked that a former department head was given a pay raise retroactive to her
anniversary after she left and others are still waiting for raises
¢)
10
Regular City Council Meeting
April 28, 1999
Page Four
C. Mr. M~icher
D. M~,or Wininger
· Reported on an inaccurate report in the Press Journal.
· Denied a rumor circulating that she and her husband had loaned money to the Van Antwerps and
stated sbe knew thc, source of the story ,
· Said th~ 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.
· R~luested 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)
Received a report from the Chief on a piggyback alarm ordinance which he will bring to Council
11. ITEMS 1)gFJl~]i, RI~D FROM THE ~mL 14. 199~9 REGULAR MlgETING
~9.o83 t. Wish List Meeting (City-Manager Transmittal 4/5~9~ 6/24/97 Wish List Mirmtcs)
99.084 J, Quarterly Op~ Forums (City Manager Trammittat 4/5/90, Minutes-Excerpts)
99.e~ K. :form Ha}t Meetly§ (City Manager Transmittal 4/5/99)
These items were deferred to May 5, 1999.
12. CONSEYr
All itents on the consent agenda are considered routine and will be enacted by one rnotion. There will be no sejaarate discussion of
consent ag~da items unless a member ofCiO~ Council ao requests; in which event, the item will be removed and acted upon xeparate~.
A. Approval of Minutes - 4/14/99 Regular Meeting
99.094 B. Approve Tentative 1999/2000 Fiscal Year Budget Calendar (Finance Director Transmittal 4/22/99,
Calendar)
The Interim City Manager read the consent agenda.
I recommend the meeting be approved. (consent items A and B)"
VOICE VOTE on the motion carried 5-0.
4
City of Sebastian, Florida
Subject: Barber Street/Tulip Drive - Traffic
Signalization
Agenda No. ~)~,//¢
Department Origin: City Manager
Approved for Submittal by: City Manager
Date Submitted: May 6, 1999
-Exhibits: -Tz~fic Signal Warrant Analy'~:i..~ / 1~ ~ @ FJ_z~ S'uaLkaa (m~q~p Dr.)
EXPENDITURE 'l' AMouNT BUDGETED: APPROPRIATION
REQUIRED: I N/A REQUIRED:
$1.JMMARY
As City Council previously requested, attached is a report prepared by staff concerning the need for"
a traffic signalization on Barber Street at the fire station. :
~(~OM~IENDE~ ACTION
Review and discuss the attached staff report.
May 1999
TRAFFIC SIGNAL WARRANT ANALYSIS
BARBER STREET ~ FIRE STATION (TULIP DR.)
Backgrotllad
Request for Study
A request was made by the Council to review the need for traffic
signalization on Barber Street at the fire station. There is concern that the traffic
on Barber Street would delay emergency vehicle access or create a possible
accident situation if Barber Street travelers fail to grant right-of-way to
emergency vehicles entering the road. Additionally, a development plan for
expanding the fire station is planned that may increase traffic at the intersection.
Traffic Signal Warrants
Traffic signals may only be installed where warranted. The Manual on
Uniform Traffic Control Devices (MUTCD) which was developed by the U. S.
Department of Transportation provides the warrants under which a traffic signal
may be installed. Generally, these warrants are traffic volume based. That is,
where the traffic volumes are so high or an accident history meets a certain
threshold, then a signal is warranted to control the safe and efficient flow of the
traffic.
However, an emergency traffic signal may be installed at a location that
does not meet the warrants as prescribed above. It may be installed at an
intersection or at other locations where there is direct access from a building
housing the emergency vehicle.
In the case of emergency response vehicle access, an emergency actuated
traffic signal may be justified if adequate gaps in traffic do not exist to permit safe
entrance of emergency vehicles or the stopping sight distance for vehicles
approaching on the through street is insufficient to permit safe entrance of
emergency vehicles.
Emerge_nco' Signal Review
The following points were reviewed as part of this brief study.
May 1999
Existing Emergency Signals in the County
There are several points of access for emergency vehicles located throughout the
county. This includes fire stations, ambulance locations, hospitals, etc. Generally, the
majority of these locations are on state roads such as US-l, SR A-l-A, or SR-60. A
few are located on municipal streets, such as Barber Street. In discussion with the
Indian River County Traffic Engineer, Chris Mora, there is only one emergency
actuated signal in the County. It is located on SRo60 at Beachland Blvd. Another is
planned on SR A-1-A in Indian River Shores which will be installed in about one
year. These signals were requested by the Fire Departments and were found to be
justified by the Florida Department of Transportation.
Sebastian Emergency Response Locations
There are two fire stations in Sebastian; US-1 near North Central Ave., and Barber
Street near Tulip Drive. Neither location has a signal. The Department of Public
Works does not have on record a request from the fire department for additional
traffic control devices or any expressed safety concerns from the emergency response"
department.
Barber Street Traffic Conditions "
Barber Street traffic volumes are approximately 7,500 vehicles per day. The cross
street traffic volumes have not been counted, however, are visibly negligible in
comparison to Barber Street The intersection of Tulip Dr. and Barber Street does not
warrant a traffic signal. There are sufficient gaps in traffic on Barber Street to allow
traffic to enter the roadway from the side street and from the fire station. There were
five traffic accidents at this location over the last five years. Three were taming
movement accidents. None of the accidents involved an emergency response vehicle.
The incident of accidents does not indicate a problem exists which would be
improved substantially with a traffic signal.
4. Emergency Vehicle Procedures & Traffic Conditions
'
May 1999
When an emergency response vehicle enters the roadway under emergency
conditions, the red flashing lights on the vehicle are activated. Laws require that
vehicles approached by an emergency vehicle must stop and allow the emergency
vehicle the right-of-way. The red lights, therefore, are acting as a traffic signal where
all vehicles stop or yield the right-of-way. The addition of a traffic control signal in
this situation is redundant control. Are redundant controls justified at this location?
5. Fire Station Expansion .. '
The fire station is planned for expansion. As the community grows, it is anticipated
that additional trucks or response vehicles will be needed. Does this expansion
warrant additional traffic control for this station?
Summary
As sta~eiabove, there are no specific warrants for an emergency actuated traffic control
device. Therefore the decision to install one would be based upon a common sense
approach and one of economics. Are redundant controls justified when considering the
cost involved? The cost of installing a traffic control device is not inconsequential. An
estimate the County uses for installing a signal is $35,000. When considering the fire
stations around the County that front on streets with much heavier traffic than Barber and
that have substantially greater number of calls than Sebastian, they have not justified
signalization. It stands to reason, what would be the justification to have a signal on
Barber Street when others in the County are not justified? The traffic on Barber Street
does have sufficient gaps to allow cross street traffic to enter the roadway. The accident
data does not support additional controls. Therefore, it is the recommendation that
additional traffic control devices are not justified.
Martha S. Campbell, I~.E.
City Engineer