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HomeMy WebLinkAbout06091999I City of 5¢basti n 1225 Main 5treet E~ Sebastian, Florid~ 329~8 Telephone (§61) 589~5330 ~ F~ (561) 589-5570 E-Mall: d~seb~iu.net SEBAS~N C~ COUNC~ AGENDA REGULAR MEETING WEDNESDAY, JUNE 9, 1999 - 7:00 P.M. CITY COUNCIL CHA~ERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediate~, before deliberation of the item by the City Council - limit often minutes per speaker (R-99-20 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Dr. Ronald D. Thomas, Jr. - Sebastian United Methodist Church AGENDA MODIFICATIONS(ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only ',lYon a majoriO, vote of CiO, Council members (R.99-21) 99.033A I PROCLAMATIONS. ANNOUNCFaMEblTS AND/OR PI~SENTATION.~ A. Presentation of Certificates of Completion to Mayor Martha Wininger, Coun¢ilmember Edward Majcher and Council member Ben Bishop by Ci.ty Clerk - Florida Institute of Government - Institute for Elected Municipal Officials 3-18 99.033B 19-21 99.127 23-32 99.128 33-46 99.129 47-48 8. 9. 10. 11. CITY ATTORNEY MATTER~ (~ITY MA~3,GER MATTERS CiTY_CLERK MATTERS CITY COUNCIL MAIT_EI~ A. Mayor WwAnger B. Vice Mayor Neuberger C. Mr. Ban:zyk E. Mr. Majd~ CONSEB!T AGENDA ,dH item~ on the cotmmt agenda are considered rcrutinv and will be enacted by one motion. There will be no separate discu&don of c~t agnnnda item ,mlext a member of CiO~ Council so requeat~; in which m, ent, the item will be removed and acted upo'n separate~F. A. Approval of Minutes o 5119/99 Special and Wish List Workshop, 5/26/99 Regular Meeting Prior Approval for Reimbursement of Expenses - Councilmembcr Barczyk Attendance at 1999 Institute for Elected Municipal Officials - Ft. Myers Beach - 7/9/99 -7/11/99 in Accordance with State Limitations (City Clerk Transmittal 5/27/99, Conference Information) Resolution No. R-99-28 - Approving Classification and Job Description for Support Services Supervisor (Human Resources Director Transmittal 4/27/99, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF SUPPORT SERVICES SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFrION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR ~ OF RESOLifllONS OR PARTS OF RESOLLrFIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFFA'TIVE D^TE. Resolutim No. R-99-38 - Metropolitan Planning Organization Extend Voting Membership to Indian ~ County School District (Growth Management Transmittal 6/2/99, IR MPO Apporti~ent Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE 1999 APPORTIONMENT PLAN OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION; PROVIDIN6 FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Approve Veto Beach/Indian River County Recreation Department Halloween Parade on October 30, 1999 - Closing of Affected Streets to be Coordinated with City Manager and Police Chief- Use of Riverview Park from 2 pm to 5 pm and Use of Electricity (City Clerk Transmittal 5/20/99, IRC Recreation Letter) I I I I I i I I I I I I I I I I I I I 99.082 49-61 99.009 63-67 99.042 69-79 99.130 81-86 99.131 87 12. 13. 14. 15. 16. PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing o Attorney Reads Ordinance or Re~olution · StoffPresm~tion ° Public Input- Limit ofTen Minutes Per Speaker · StoffSummation · May~ Closes Hearing ° Ccnmeii,4ction ,4nyone lfishing to Speak is,4sked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ordinan~;e Nq, O-99-03 - Water Restricfioo P10p_ - Second Reading. Public H¢oring and Final Adoption (City Attorney Tra/l$o~itt~L5/20/99, 0-99-03 Revised) AN ORDIlqANCE OF THE CTrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, AlVIENDn~G THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDINO FOR CONFLICTS; PROVIDIN(3 FOR SEVERABILITY; PROVIDINO FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUS]LNESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of ten minutes for each speaker CQMMITTEE REPOR'I~S/R~COMMENDATI ON~i A. Rema:ation Advi$gry Board Appoint Jo-Ann Webster as Sebastian River Area Little League Representative - Unexpired Term to Expire 12/2000 (City Clerk Transmittal 6/I/99, Application, Member List) OI~D BUSINESS NEV~ I~USiNESS Resolution No. R-99-37 - City Manager Employment Agreement with Terrence Moore (City Manager Transmittal 6/3/99, R-99-37, Employment Agreement, Excerpt of Frame Agreement) A RF.~LI~ON OF THE CITY OF SEBAS~, ~ ~ COUN'I~, HX)ILIDA, AUTHORIZIN'G THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT FOR TERRENCE MOORE TO SERVE AS CITY MANAGER; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Purchase of 1999 Ford F-150 for Building Department in the Amount of $13,553.00 Piggybacking Florida Sheriffs Association & Florida Association of Counties Bid Contract #98-06-0914 - Duval Ford Central (Building Director Transmittal 6/2/99, State Contract, Quote) Award Bid for Painting Police Department to VIP Painting of Coral Springs in the Amount of $7,800 (PW Director Transmittal 6/2/99) 99.132 D. 89-91 Authorize City Manager to Accept the 1999 COPS Grant for One Additional Police Officer (Police Chief Transmittal 6/1/99, Grant Award Notice) 99.133 E. 93 Adopt-A-StreetProgramwithKeepIndianRiverBeautifulPaxtnership (CityManagerTransmittal 6/3/99) 99.134 F. 95-11o Chamber of Commerce Buildings (City Attorney Transmittal 6/2/99, 1978 Deed and Agreement, 1/22/97 Lease and Agenda Transmittal) 17. ADJOURN (All meetings shah adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT TI-IlS MEETING (OR HEdlRING) WILL lqEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBAT13,[ RECORD OF THE PROCEEDINCng IS MADE, WHICH RECORD INCLUDES THE TEST1MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE I-IF_.4RD. (286.0105 F~.) IN COMPI_Z4NCE WITH THE AMERICANS WITH DISABII2TIF-.S ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THiS MEE77NG SHOUI29 CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEE77NG. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming M~tings: Regular Meeting - Wednesday, 6/23/99- 7pm Quarterly Open Forum - Wednesday, 6/30/99 - 7pm Regular Meeting - Wednesday, 7/14/99 - 7 pm Regular Meeting - Wednesday, 7/28/99 - 7pm Workshop - Budget - Wednesday, 8/4/99 - 7pm Regular Meeting - Wednesday, 8/11/99 - 7pm Workshop - Budget - Wednesday, 8/18/99 - 7pm Regular Meeting- Wednesday, 8/25/99- 7 pm I I I i I I I I I I I I I i I I I I i FI6F oa State UNIVERSITY i Florida Institute of Government ~ Dr. John DeGrove, Chair I Dr. John Scott Dailey, Executive Director Dr. Lance deHaven-Srnith, Associate Director Honorable Reubin Askew, Senior Fellow . I I Ms. Kathryn M. O'Halloran I City Clerk City of Sebastian . . 1225 Main Street I Sebastian, F 32958 I Dear Ms. 0 Halloran: Enclosed is a Certificate of Completion to be awarded to Mayor Martha Wininger, Councilman Edward IJ. Majcher, Jr. and Councilman Ben Bishop. This certificate is for completing eighteen hours of instruction at the Institute for Elected Municipal Officials. I You, as city clerk, are well aware of the importance of this accomplishment. Therefore, we ask that this presentation be included as an agenda item for your next council/commission meeting and be formally recorded in the minutes. I Thank y/oC'~uch for your cooperation on this. If you have any questions, please call me or Kathy Jolly I at~ ~870 or SC 277-1870. S° , I , ~' E e,~ive Director I JSD/kj I enclosure Woodcrest orr'ice Park 325 John Knox Road Bldg. 300, Suite 301 EC · Tallahassee. Fit. (850) 487-1870 · FAX (850) 487-0041 · SUNCOM 277-1870 SEBASTIAN CITY COUNCIL SPECIAL MEETING AND "WISH LIST" WORKSHOP MINUTES WEDNESDAY, MAY 19, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Wininger called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLI~ CALL City Council Present: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Ben A. Bishop City Council Absent: Mr. Edward J. Majcher, Jr. (Excused) Stilff_Preseng Interim City Manager, John Van Antwerp City Attorney, Rich Stringer Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley Special City Council and Wish List Workshop May 19, 1999 Page Two 99.012 SpI~CiAIs, ~IEETING ITEM A. (~l~:iigl~/~pproval ~ G~if Professional S~ic~ ~eeme~ Be~n ~i~ of Seb~ti~ ~d Ce~ GolfEnte~ses, Inc. ~d ~u~ofize Ci~M~a~r~o Ex,ute ~e CiW A~m~ review~ ~e revis~ a~ment he had ~s~bu~ prior to ~e m~t~g. He ~en · s~but~ ~o ~tional pag~ ~ ~en~enm m pages 6 ~d 9 (see a~ch~) Pat Ce~ request~ ~en~ent ~ page 3 p~a~aph 5 relative ~ ~e da~ for sub~ of ~e budget. Mayor W~g~ requ~ ~en~ent to page 4 p~a~aph 4, su~est~g ~ere be some ~cation who ~e empl~ is. ~e CiF A~om~ su~ ad~g "a~pmble to ~e CiF's on-site su~isor." It w~ not~ ~e on-si~ supe~isor wo~d be Greg G~er. Pat Ce~ said he ~ll provide worke~ comp for ~s employs. N~ l~age w~ Md~ to pages 3 ~d 4 ~ follows: Page 3 - (5) ~ "budget" a~ "prior to leav~g ~e State ~ per p~a~aph 3, beloW' Page 4 - 2nd ~l senten~ ch~ge m "Co~t shall provide ~ M~tional emPloy~ a~ep~ble to · e CiF's on-si~ supe~isor, at i~ expe~e ~d ~ver~ by Co~t's.workers' ~mpe~afion ~, ~ ~sist ~e on-si~ su~isor d~g ~s t~e pefi~." ~end~ pag~ 6 ~d 9 ~ a~eh~ ~ ~e ~u~s ~ le~slafive fount. MOTION by Bishop~k "I'd l~e to m~e a motion ~ approve ~e ~n~act for Pat C~ ~ ~end~ ~ ch~ges." It w~ no~ ~at ~ere w~ ~o sep~ a~m~ ~ Ce~m En~fis~ ~d ~ Pat Ce~ ~ ~e d~enC ~. Bishop ~en add~ ~s ~ ~s motion. ~e CiF A~om~ w~ ~ to provide a cle~ ~py of~e ~n~t ~ revisio~ to Ciw Co,cji member. ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - absent MOTION CARRIED 4-0 2 Special City Council Meeting and Wish List Workshop May 19, 1999 Page Three The interim City Manager requested addition of a resolution supporting a Greenway and Transit Conceptual Plan grant to the Special Meeting agenda. MOTION by Wininger/Neuberger "I'11 move that we discuss the greenway and the resolution." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent MOTION CARRIED 4-0 The interim City Manager explained the $100,000 conceptual planning grant and statext that if Council wished to go forward, it should send a resolution and letter supporting the grant to the Governor as soon as possible. Tl~ City Attorney read Resolution No. R-99-34 in full (see attached). It was noted that Council will select the consultant and the consultant will receive the funds. TAPE I- SIDE iI- 7:47p. m. MOTION by Wininger/Neuberger "I move to approve the Resolution Mr. Stringer read on the greenway grant." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - absent Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 4-0 Mr. Bishop received a consensus to place the hiring of the City Manager on the May 26, 1999 agenda. 5. ADJOURN SPECIAL MEETING AND CALL WISHLIST WORKSHOP TO ORDER Mayor Wininger adjourned the Special Meeting at 7;51 p.m. and called the Wish List Workshop to order. Special City Council Meeting and Wish List Workshop May 19, 1999 Page Four WISH LIST ITI~Yj$ (Provides Opportunity for Council Members to Introduce "Wishes" for City) A. L~or Wininge/ Mayor Wininger suggested each member list his/her wishes and get either get a consensus or not. She listed her wishes as follows: 1) Refurbishing the Exterior of City Hall - painting, landscaping. There was a 4-0 2) Base Flood Elevations. Have someone on staffgo through FEMA materials and pursue. The City Attorney said there is a FEMA response that states they have already established elevations. -. 3) Land Development Code Revisions. Inquired about Solin and Associates' progress. The City Attorney stated the last he heard there should be a draft in June. 4) Schumann Median Landscaping with Natural Materials. Suggested this be done upon completion of Schumann drainage and paving. The interim City Manager said drainage improvements have begun and paving is ready to go out to bid. It was suggested that natural materials could be found at Filbert Street or the airport. . B. Vice Mayor bleuberge; Mr. Neuberger said these types of projects involve funding and that perhaps the City should prioritize its needs before it adds new projects. C. Mr, 13ar~zyk (LisO Mr. Barezyk had provided a list of priorities but he also suggested that each City Council member submit a top ten list and those items be compiled into a top ten priority list for the City. He agreed that Council must keep within a budget unless grants can be obtained or landscaping materials can be found. D. Mr, 13islaop Mr. Bishop agreed with a blend of ideas. He said his biggest wish was for Council to get along and work together and agreed that each member pick the top ten items that are pending. He said two of his priorities are a skateboard park and a place for teens to go, perhaps forming a Kids Committee. Special City Council Meeting and Wish List Workshop May 19, 1999 Page Five Mr Barczyk at this time listed: * Yacht Club Restroom * City Welcome Sign Refurbishing . Skateboard Park * Soccer/Softball Fidd - he noted they may be addressed by IRC , Uniform Speed Limit - interim City Manager said this is in progress It was the eonseusus of City Council for each member to submit a top twenty item list t° the City Manager by June 2, 1999; have him whittle them down to a common list often top priorities, establish some kind of budget for those that need it, and bring the priority list back to Council as soon as possible. It was suggested that there may be items on the public forum input list that Council members can use, and to go through the agenda pending list and clean it up. : Discussion followed on a public request for a list of work projects and a request to see con'plaint lists. Mr. M~j~et Absent. ~urre~t PendingAgenda Item Li~t Updates I. 6/24/97 Council Wish List Items ii. 97198 Quarterly Open Forum Input Items iii. Council, Manager and City Attorney Matters Directions/Inquiries 7. Being no further business, Mayor Wininger adjourned the Workshop at 8:35 p.m. Approved at the ,1999, Regular City Council Meeting. Martha S. Wininger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 5 of Sebc tien 1225 Main Street 0 Sebastian, Florida 32958 Telephone (561) 589-5330 O F~ (561) 58%5570 E-Mail: ci~eb~iu.net SEBAS~N C~ CO~C~ MINUTES · . REGULAR MEETING WEDNESDAY, MAY 26, 1999 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Wininger called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Police ChaPlain Frank Camillo, First Baptist Church - Barefoot Bay. 4. ROLL CAI~ City Count;i! Present: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joc Barczyk Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staffptes~ Interim City Manager, John Van Antwerp City Attorney, Rich Stringer Chief of Police, Randy White Public Works Director, Terry Hill Financ~ Director, Mark Mason Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley. Regular City Council Meeting May 26, 1999 Page Two AGIj;NDAMODIFICATIONS (ADDITiONS_&ND/OR DELETIONS) Items not on the written agenda may be added only upon a majorio' vote of CiO' Council members (R- 99-21) The interim City Manager requested removal of Consent Agenda item 99.118 D Resolution No. R-99-35 - Final Plat- Collier Creek Eztates Phase III to the next regular meeting. He advised Council that he had placed the item on the agenda with the condition that everything be completed by this past Monday and that documents were coming in as late as today. Randy Mosby addressed Council stating the unresolved items are insignificant and do not affect the function of the subdivision. The City Attorney said it would be his legal recommendation to postpone the item based on an agreement that the developer would complete Phase II maintenance prior to approval of Phase iii, and that there were other various outstanding engineering items. A motion was made and reSCinded to pull the item fi.om the consent agenda and place it on the agenda for separate discussion, however, Mayor Wininger advised that the item should be removed when Council gets to the consent agen PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS None. CITY ATTO__RNEY_MAT~]~ Reported that the Angler's Obsession appeal had been withdrawn. Was requested by the Mayor to provide her with a copy of an Attorney General Opinion relative to disclosure of future action through the press. CITY MANAGER.MATTERS Reported Indian River Drive benches will be received this week and' installed next week. 9. CITY CLERK MATTERS None. 10. CITY CQUNCILMAqL'I~ERS A. Mr,. b4ajch~ Was advised that bike racks would also be installed along Indian River Drive. B. M~or Wininger Vice Mayor Neuberger volunteered to be the Beach and Shoreline Preservation Advisory Committee member; and the City Clerk's office was directed to prepare a letter of appointment. Asked what the Press Journal headline "It's All Over Except the Shouting" meant. Requested that a copy of a letter commending Cemetery Sexton, Kip Kelso be placed in his personnel file. Regular City Council Meeting May 26, 1999 Page Three Was advised that Falcon will soon be revising its customer notices relative to refunds for outages. Requested that members speak into their microphones to enable people at home to hear meetings. Suggested a 75th birthday celebration for the City of Sebastian. The City Attorney advised that the fa-st date of establishment (December 1924) be used since most municipalities reincorporated in 1925. Mr. Bishop said he would research the matter and seek interest ed groups. C. Vke Ma.v0r Neull~rger Inquired what is C°nsidered an outage relative to Falcon refunds. Inquired about an unfenced drainage pond on Day Drive. D. Mr, Barc~li Reported on the Council of Public Officials meeting relative to geodesic survey maps and a June 18, 1999 meeting relative to voting pre~inct redistricting. E. MnBishop None. 11. COBISENT AGENDA Ail item~ on the cot~ent agenda are cortsidered routine and will l~ enacted by one motion. There will be no separate di~cu~ion of cormmt agenda items unle.~ a member of City Council ~o ~ in which event, the item will be removed and acted upbn separately. A. Approval of Minutes - 5/12/99 Regular Meeting 99.116/ 98.134 Authorize City Manager to Execute Local Mitigation Strategy Contract Modification # 1 (City Manager Transmittal 5/12/99, Contract Modification) 99.117 Resolution No. Ps,99-33 - Board and Committee Application Prge~dures (City Clerk Transmittal 5/[7/99. Prgposed Re$01utio~ A RF...gOLI/rlON OF TIlE CITY OF SEBASIIAN, ~ RIVER COUlxrrY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEF3 AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR LrNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPO~; ESTABLISHING A PRCCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CI/Y CLERK; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES wrrH ETHICAL AND FINANCIAL DISCLOSUR~ INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RF_SOL~ONS IN CONFLICT HEREWrrH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 99.118 R~gli[llion No. g-99-35 - Final Plat - Collier Creek Estates Phase IlL(City Engineer TransmittRl 5/20/99. R-99-35_. Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES PHASE Ill; PROVIDING FOR CONFLICTS H]~REWITH; PROVIDING FOR EFt:ECTIVE DATE. Regular City Council Meeting May 26, 1999 Page Four Re~01U6O0 ~/. R-99-36 -'V~.~tion of Easement- Lamothe - Lots 16 & 17, Blo~k 10, S[-I (Oro~a.h Manag~men~ Tfa3~nliBitl 5/20/99. R-99-36, Application. Site Map, Staff Rel~ort, Utility Letters} A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF CERTAIN EASEMENT OVER LOTS 16 & 17, BLOCK 10, SEBASTIAN HIOHLANDS UNIT I; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDINCr, PROVIDING FOR EFFECTIVE DATE. 9~120 F. CraR Club Request for Use of Riverview Park for 1999/2000 Annual Shows (City Clerk Transmittal 5/12/99, Goble Letter, Established Park Rules) G. Keep Indian River Beautiful Request for Use of Riverview Park for Art Auction 10/23/99, 10/24/99, 2/13/2000, and 2/14/2000 (City Manager Transmittal 5/20/99, Harris Letter 5/7/99, Established Park Rules) 92122 H. Request for Community Center - Surprise Birthday Party - 6/5/99 - 5 pm to 11 pm - A/B - Age Verified and Security Paid - No Officers Needed (City Clerk Transmittal, Application on File in Clerks Office) The City Manager read the consent agenda and the City Attorney read titles for Resolution Nos. R-99-33 and R-99-35. He noted an amendment to R-99-36 to add "Unit 1" after Sebastian Highlands and read its new title. MOTION by Barczyk/Bishop "I'd like to recommended that consent items A, B, C, E, F, G and H be approved. E as modified in Unit 1." The City Attorney reiterated that item E R-99-36 was modified to add Unit 1. ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 9~I18 D. Resolution No. R-99-35 - Final Plat - Collier CreekZstat~ Phase III Mr. Bishop said he pulled item D for further information. A lengthy discussion followed with input fi.om developer Harold Adams' representatives Attorney Warren Dill, Randy Mosby and John King. The City Attorney again stated that if Phase III final plat is approved, the developer would be released fi.om his obligation for maintenance requirements for Phase II, noted that a lake topo had not been submitted, and there were other engineering issues the City Engineer had not had time to review. 4 I I I I i I I I I I I I I I I I P~gular City Council Meeting May 26, 1999 Page Five The developer's representatives stated that the project is not bound by new subdivision standards but by those in effect in 1969, citing the 1992 GDC settlement agreement. They stated that they are still bound by the maintenance agreement for Phase II, that remaining items are minor and cosmetic, and that they would be willing to post a $500 bond. TAPE I- SiDE H (7: 47p. m.) The City Attorney advised that Land Development Code Section 20A-18.7.C. states that Council approval is dependent upon City Engineer recommendation. Discussion took place on silting in of drainage ditches in Phase II, the nine pending reservations for subdivision sites, and a suggestion that an agreement for compliance with outstanding conditions be obtained. MOTION by Neuberger/Barezyk "I make a motion to approve Resolution No. R-99-35." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majeher - aye Mayor Wininger - nay MOTION CARRIED 4-1 (Wininger - nay) 12. PUBLIi~ HEARING Procedures for public hearings: (R- 99-21) o Mayor Opetm Hearing · Attorney ReadJ Ordinance or Resolution · StaffPre~entation · Public Input - Limit ofTen Minute~ Per Speaker · St-ffSummation · May°r Clo.~s Hearing o CouncilAction Anyone Wizhing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record 99. 095 Ordinance No. O-99-04 - Fiscal Yeitr 1998/1999 Budget Amendmen~ with_Minor Revision to Ex. hibit "A' - Second Reading. P_ubli~: Hearing and Final Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED, ADJUSTED AND REVISED BUDGET FOR II-IE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDiNG SEPTEMBER 30,1999 AS PROVIDED FOR nq EXHIBIT "A", GENERAL FUND; EXI-IIBIT "B", SPECIAL REVENUE FUNDS; EXHIBIT "C", DEBT SERVICE FUND; EXHIBIT "D", CAPITAL PROJECTS FUNDS; EXHIBIT"E'; GOLF COURSE FUND', EXHIBIT "F", AIRPORT FUND; EX3t~IT "O" TRUST FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting May 26, 1999 Page Six The City Attorney read Ordinance No. 0-99-04 by title; and the interim City Manager explained a minor revision to exhibit "A", which places $3,600 back into the Building Maintenance Budget. Mayor Wininger opened the public hearing at 8:12 p.m., and being no input, closed it. 99. O42 13. 14. MOTION by Wininger/Neuberger "I move to adopt Ordinance No. O-99-04 as amended." ROLLCALL: Mr. Barczyk - aye Mr. Bishop. - aye Mr. Majchcr - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 COMMITTEE REPORT~/RECOMMENDATIONS None. QLD BUSINESS A. Gi~ Manager Se, l~tion'(Ci~ Manager Transmittal 5120/99~ The following members of the public addressed Council: Tut Connelly, Sebastian Bob Ashcrofk, George Street, Sebastian Herb Sturm, 549 Saunders Street, Sebastian Norma Damp, Benedictine Terrace, Sebastian Following City Council discussion, motion was made: MOTION by Neuberger/Majcher "I'd like to make a motion that we get works going, get a contract prepare6, and make an offer to Mr. Moore." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - nay Vice Mayor Neuberger - aye Mr. B~czyk - aye MOTION CARRIED 4-1 (Wininger - nay) 6 Regular City Council Meeting May 26, 1999 Page Seven Mayor Wininger requested the City Clerk, Human Resources Director, and City Attorney to prepare a letter to Mr. Moore. MOTION by Bishop/Wininger "I'd move that we offer it at $60,000." ROLL CALL: Mr. Majc.her - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Ma'. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 Mr. Barczyk had pro~ided a list to the Council comparing former City Manager contract differences and each item was addressed: Tra~portation - consensus to provide City vehicle and allow him to drive it home. Retirement - standard Vacation an~Sick l~ye - standard TAPE II - SIDE I (8:35 p.m.) Cost of Lbzing - standard Terrflination - consensus to use same langUage as current City Attorney contract ]~valuatign - consensus for six month review and one year anniversary review. Only cost of living increases may be considered at six month review if available to all City employees, and annual increases to be considered at one year anniversary reviews. ~esid~n~ - consensus for City residency within six months Relocation - consensus for no relocation expenses Mayor Wininger requested that the contract and letter be mailed out by Friday of this week. Interim City Manager, John Van Antwerp thanked Council for consideration of his candidacy and requested to be informed as soon as possible when his services will no longer be needed. Mayor Wininger called recks at 8:45 p.m. hnd reconvened the meeting at 8:55 p.m. All members were present Regular City Council Meeting May 26, 1999 Page Eight 99.015 B. C.R. McLellan Annual Culvert Contract - Approve Work Ord~lzs l-4 in the Amount of $53,807.55 ~d Work Order 1_ in_the ballgllllt of $22,553.55 - I~ferred from 4/14/99. 4/28/99 and 5/12/99 (Cil~ Manager Transmittal 5/20/99, 4/14/99 Transmittal. C.R. McLellan Fax 5/I 8/993 MOTION by Winingex/Bishop 'TII move to approve Work Orders Number 1 through 4 in the amount of $53,807.55 Work Order #1 in the amount ot'$22,553.55 to C.R. McLellan, as listed on 4/I4/99 agenda transmittal." ' · ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberg~ - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0' 15. NEW BUSINESS 99.123 A. A. othorize_Cikv Attomqy tO ~ommen~ Foreclosure Proceeding on'Waterline Special Assessment l~jen/~gainst ~gr~el 21-30-38-00001-9919~-Q0'027.0 (City Attorney Transmittal ,5_/.2_0./99. Firlan¢.¢ Director Memo) MOTION by Bishop/Barczyk "I would move to authorize the City Attorney to commence foreclosure proceeding of the special assessment lien against parcel 21-30-38-00001-9999-00027.0." ROLL CALL: Vice Mayor Neuberger .- aye Mr. Barczyk ' - aye Mr. Bishop - aye Mr. Majeher - aye Mayor Wininger - aye MOTION CARRIED 5-0 9~124 B. Cits~ide Network - V/aive Formal J3igl4ing Procedures aod Authorige Interim City Manager to Co~tract witkl~l'~.worked Solutions, Inc. (.Fioallc,.~Tr. onsmittal 5/.19/99, Site Survey Analysis. Networked_So,ions Response) MOTION by Wininger/Barezyk "I'll move to waive formal bidding procedures and authorize the Interim City Manager to contract with Networked Solutions, Inc. per the proposal in our packets." ($21,602.85 from Capital Projects Fund and $1Z 046.52from Golf Course Fund) Regular City Council Meeting May 26, 1999 Page Nine 99.125 C. 9~126 D. ROLL CALL: Mr. tiarczyk - aye Mr. Bishop - aye Mr. Majeher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 Pur~has~ Dell ComPuters for Golf_Course Upgrade and City M~ager Upgrade for Y2K Complian~ from State Contract (Finance Transmittal 5/1.9199,1~11 Quotes) MOTION by Barczyk/Majch~ "I'd like to recomm~d item 99.125, move to authorize the City Manager to purchase the Dell Computers off of Stat, Contract for the purpose of upgrading the City Manager's computer and bringing the Golf Course into compliance with Y2K in accordance with the attached Dell Computers' Quote." ($1,311 from Capital Projects Fund and $.12, 426 from Golf Course Fund) ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 ]~urch~.of'Upgrades for Computer Golf_Program to Comply with Y2K trod Various Peripheral I~quip. rnen.t, as Upgrades tO Qperate Equipment (Finance Tra!lsmittal 5/1.9/99. Cerjan Memo, Conlpqtcr Golf Software, Inc. Quote) MOTION by Barczyk/Bishop "I recommend item 99.126, move to authorize the Golf Course to purchase the Computer Golf Software upgrades and i~ripheral equipment for the purpose of bringing the Golf Course Point of Sale system into compliance with Y2K in accordance with the attached Computer Golf Software, Inc. quote." ($8,350 fro~n Golf Course Fund) ROLL CALL: Mr.. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 Regular City Council Meeting May 26, 1999 Page Ten 16. INTRODUCTION OF NEW BUSINESS FROM THE pUBLIC Item that has occurred or was discovered within the pre~iou$ M.e months which is not otherwise on the agenda - sign-up required- limit often minutes for each speaker Walter Barnes and Pat Harris, Keep Indian River Beautiful, proposed a partnership with the City to establish an Adopt-a-Street Program. it was the consensus of City Council to place this item on the June 9, 1999 agenda for consideration. '. Herb Sturm, 549 Saunders Street, Sebastian, requested that Council investigate the Code Enforcement Board based on its action during his recent hearing. Tut Counelly, Sebastian, spoke on behalf of Sal Neglia, Chairman, Code Enforcement Board, asked that politics be kept out of Code Enforcement; and asked the City Attorney to review the Chamber of commerce lease and other documents. It was the consensus'of City Council to direct the City Attorney to review them and place the item on the June 9, 19.99 agenda. Mike Treglio, 131 Columbus Street, Sebastian, submitted photos of the drainage diteh behind his home and asked that it be cleaned out on his side, and expressed concern for the condition of Chaloupe Terrace. The Public Works Director said he would meet with Mr. Treglio.' TAPE II- SIDE 1I (9:30p. m.} Bob Asha'oft, 785 George Street, Sebastian, discussed 1) continuation of Fleming Street; 2) the need for a US I by-pass; and 3) continuation of Easy Street to Englar. Mr. Neuberger noted that the Fleming Street extension has been funded by the county. 17. Being no further business, Mayor Winingcr adjourned the Regular Meeting at 9:37 p.m. Approved at the ,1999, Regular City Council Meeting. Martha S. Wininger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 10 I City of Sebastian 1225 Main Street Sebastian, Florida $2955 Telephone (561) 51;9-5550 FAX (561) 559-5570 Subject: Prior approval for reimbursement of expenses for Council member Barcryk to attend 1999 Institute for Elected Municipal Officials Department Origin: City Clerk ~% Approved for Submittal by: City Manager Exhibits: Conference Information Expenditure Required: $135.00 registration fcc $270.00 Hotel - 3 nights ~ $90/night Date Submitted: 5/27/99 For Agenda of: 6/9/99 Amount Budgeted: $1,782.50. 00 Education $1,$ 93.87 Travel/Per Diem Appropriation Required: su~tOv~aY ST^~M£N~ Council member Barczyk wishes to attend the 1999 Institute for Elected Municipal Officials spon.sored by the Florida Institute of Government in Ft. Myers Beach, Florida on July 9-11 ~ 1999. Section 2-34 of the Code of Ordinances requires prior approval of the City Council for reimbursement of expenses, subject to limitations set by thc State, which will be incurred in connection Wlth attendance at a conference or function a City Council member attends on behalf of the City. FF~COMMENDED ACHON Approve reimbursement of expenses incurred by Council member Barczyk for his attendance at the Institute for Elected Municipal Officials in Irt. Myers Beach, Florida on July 9-11, 1999 in accordance with State limitations. FL Institute 7~71 of Gov't Fax:$50-487-O041 Hay $ '99 11:$5 P. 02 Registration Form 1999 INSTITUTE FOR ~I,£CTED MUNICIPAL OFFICXALS July 9 - i1,1999 DiamondHead Beach Resort 2000 Estero Blvck Ft. Myers Beach, .FL 33931 Please print or type. You may duplicate this farm for additional reg~trations. Name(~/eO2~aeL ~y~w/z~sh~atS~on. . . , Nickalame e your Elected Position ~/ Registration ~: ~1~&O0 (in~ud~ lu~h o~ ~fid~) JoE (Nun~ a~ you v~h it to aPPear on badge) City/Town/Village ~/~ #: t_) Registration Deadline: June 25, I999 Make cheek payable to Florida Institute of Government and mall to: gorida institute of Government Edison Community College Division of Continuing Ed. P. O. Box 60210 : Ft. Myers, FL 3~?06-621'0 Confirmations and directions to hotel .will be mailed upon receipt of this form. For further rez~istration. information, please call the Florida Institute of Government, Edison Community College at (941) 489- 9226 or SC 724-1226. The fax number/s (941) 489-9051. : Cancellations must be received and confirmed in w~iting by June 25, 1999 to ensure a refund. If you are physically challenged and t~luire special services, or if you have special diutary needs, please attach a w~tten description of tho~e needs to your Institute regis~ation. HOTEL INFORMATION: To make your hotel reservations, please call: DiamondHead Beach Resort 2000 Estero Blvd. Ft. Myers Beach, FL 33931 Toll free ~ (888) 765-5002 or (94t) 765-7654 IEMO Group Rate: $90/South ~Seach view $94/Sun~et View S105/G uff View $120/Beachfroui View XrERY IMPORTAaNT: This government group rate is available only if you make your reservations prior to June 8, 1999. M3.KE YOUR RESERVATIONS TODA Y/ I i I I I I i I I I I I i I I I I I Institute of Gov'~ Fax :850-487-0041 Ma~; 3 '99 11 :~4 b,~tjtate for ~leeted July 9 - 11, 1999 Ft. Myers, Florida Agenda P. 01 Friday, July 9 8:00 am - 8:30 am 8:30 am - 9:00 am 9:00 am - 12:00 noon 12:00 noon - 1:30 pm 1:30 pm - 4:30 pm Registration Introductions Structure and Functions of Municipal Government in Florida Lynn Tipton, Director of Membership Development Florida League of Cities Group Lunch How to be an Effective Councilmember Marilyn Crotty, Director Florida Institute of Government University of Central Florida Saturday, July .10 8:30 am - 11:30 am 11:30 am - 1:00 pm 1:00 pm - 4:00 pm Taxes and Other Source~ of Revenue Ly~n Tipton Florida L~agne of Cities Lunch on your own Budgeting and Accounting Richard Director of the Office of Management & Budget Ala~hua County Sq~day, July I1 8:30 am - 10:00 am 10:00 am - 12:00 noon 12:00 noon - 1:00 pm 1:00 l~m - ;~00 pm lntergovernmeuUll Challenges Lynn Tipton Florida League of Cities Ethics: Understanding Government in the Sunshine John Hubbard, Attorney ~'razer, Hubbard & Braadt Dunedin Lunch on your own Conflict: glow to comply with Open Me. eringa nnd C)p~n l:!,a, :orals Laws David Coffey, Attorncy Gainesville City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SUBJECT: Resolution No. R-99-28 APPROVED FOR SUBMITTAL: lExpenditure Required: ] Amount Budgeted: AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: EXHIBITS: Human Resource8 04/27/9~___ 05/I 2/99 Job Description: Support Services Supervisor - Exhibit "A" Appropriation Required: SUMMARY ST&TEMI~T This transmittal is to request Council approval to adopt the position description of Support Services Supervisor. No description exists for this position. In accordance with Section 2-,; of the Code of Ordinances, all position descriptions shall be adopted by Resolution. The current function' of this position (Chief Communications Technician) has the responsibilities of supervising nine (9) communication technicians and maintains the property and evidence room for the Police Station. The classification for the Chief Communications Technician is currently at pay grade 20. To establish classification and position continuity the department is requesting the description of Support Services Supervisor would be listed as pay grade 25. The Chief Communications Technician is cUrrently at a pay grade 20, step I* and an hourly rate of $12.91. The reclassificaiton to Support Services Supervisor would place the employee at pay grade 25, step F and an hourly rate of $13.29. making an increase of $.38 per hour. REC_OMMENDATION Move to adopt Resolution R-99-28, approving the classification and job description of Supp~..,rl' Services Supervisor at pay grade 25. RESOLUTION NO. R-99-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF SUPPORT SERVICES SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian City Council has determined that the City has need for a classification and job description of Support Services Supervisor. NOW THEREFORE, BE IT RESOLVED by the City Council of thc C;ity of Sebastian; Indian River County, Florida, as follows: SECTION 1, The job description for the classification of Support Services Supervisor as attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of this job description to/he Mayor and members of the City Council, City Manager and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and datd of this Resolution on said job description. SECTIO~I~ All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmembcr ~ The motion was seconded by Councilmember and, upon being put to a vote. thc vote was as follows: i I I I I I I i i I I I I: 1 I I i I I Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmembcr Joe Barczyk Councilmember Ben Bishop Councilmembcr Edward J. Majcher The Mayor thereupon declared this Resolution duly passed and adopted this _ of ,1999. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O~lalloran, CMC/AAE City Clerk By: Martha S. Wininger, Mayor (Seal) Approved as to Form and Content: Richard Stringer, City Attorney d~lv Detective Bureau S_~. ZM. Moms J crimes Against Persons[ l- D¢le~ive. i I Crimes i ~_q General D e-.allAn'arc. I' [- Deteczive I_ i I ~L~CE - De.e~.we Sebastian Police Department Organizational Chart March 1999 Chief of Police Dennis R. g/hlte Deputy. Chief David J. Puscher Admin. Assistant Debora CurO' F Detective/Support Services Division Lt. Chanse Reardin i Internal Investigations Support ServiCes Supv, I. Benne~ F Disoatch -- ] 7-Coz~ma Tec,¥s .2-Corem T¢ch'5 Property & Evidence{ I Records -Records Supv. [3-Records Clerk,~ Uniform Division La Gene E~vert I Shift 1 ] 1 - Sergeant I - [ield Training ~ - Officers Shift 2 i - Sergeant I - Field Training Officer 2 - Officers Shift 3 I - Sergeant I - Field Training Offic~ 3 - Officers Sb_Lff ~_ I - Sergeant : t - Field Training Officer 2 - Officcn' Special Op=:araons Field Training Offic=r Officers - COPS OTficer-- - School Cross ~__JCommuniev Service ~! I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 I TELEPHONE (561) 589-5330 n FAX (561) 589-5570 DATE: TO: Thru: FROM: SUBJECT: May 27, 1999 Mayor wminger and City Council Members John VanAntwerp Interim City Manager Rich Samolewicz Director of Human Resources New Position I I I I I Attached you will find a request for a new supervisory position in the Police Department. The Dep~ of Human Resources has assisted the Chief in preparing this request and job description. All questions with regard to its justification should be addressed to the Chief of Police. I I I I I I I I "Exhibit A" CITY OF SEBASTIAN CLASSIFICATION DEECRIFTION POSITION TITLE: SUPPORT SERV~ES SUPERVISOR Department: Police department Division: Dispatch Date Prepared: 05/27/99 Resolution Number: R - 99-28 FLSA Status: Non-Exempt Union: Yes Approved date: _GENERAL DESCRIPTION OF DLrrlES Under general direction, this position supervises the police department's communications center and is responsl01e for other functions within the Support Services Division. Position performs scheduling of shift personnel, evalualJon of assigned subordinate personnel and is also respons~le for monitoring communications equipment's performance and reporting of equipment problems or maintenance needs. The employee in this classification also serves as the Property and Evidence Custodian for the police department and may also handle certain other administrative dulJes such as inventory control, invoice postings, etc., as assigned by commanding officers. Performs related work as. directed. SPECIFIC DUTIES AND RESPONSII:qUTIES ESSENTIAL FUNCTIONS The list of essential functions, as outlined herein, are intended to be representative of the tasks performed within this classification. It is not necessarily descriptive of any one position in the class. The omission of an essential function does not preclude management from assigning duties not listed herein if such functions are a logical assignment to the position. Supervises.and trains pemonnel in the receipt of emergency and non-emergency calls for police, fire or emergency medical service, the dispalching of such calls to police f'eld units and the monitoring of police radio channels to coordinate the police response to the various t'eld situations; and, Instructs, reviews and monitors information as relayed by unit employees to verify completeness, accuracy and compliance with established regulations, guidelines, and procedures governing the communications function of a law enforcement agency;, assists in development of unit policy and procedure. Provides direction and guidance to personnel under charge for the purpose of ensudng timely and accurate information relay and dissemination; and, Coordinates unit personnel, other departments, and outside agencies in obtaining, relaying and dissemination of information as required and funct~ns as liaison between communications and other units within the agency;, and, Performs shift scheduling, records attendance, compiles payroll data, authorizes overtime, trains and evaluates performance of personnel under charge. Performs duties of subordinate personnel under charge as needed or in response to critical inc~ents, staffing shortages, responds to call outs as needed. Maintains custody of property and evidence in police custody and related records keeping functions pursuant to prescribed procedures. May testify in courts as to evidence issues. SPECIAL REQUIREMENTS FCIC/NCIC certEgatJon as a Terminal Operator must be maintained while in this position. Ablity to read, wrile and speak English fluently and distinctly and to hear telephone and radio audio accurately. Ability to operate and work for long periods of time using modem day public safety communicatiOns equipment, headphones, computers and other related electronic or mechanical equipment radio control consoles, telephone equipment, copiers, fax machines, etc. Ability to type at least 30 correct wpm on a computer terminal. Ability to perform multf-funclional manuaJ, mechanical and/or mental tasks such as operating a radio console, a telephone and a computer terminal simultaneously. Ability to leam, interpret, retain and immediately recall detailed written and/or verbal" information such as instrucl~ns, policies, procedures, radio dispatch signals and codes, etc.,.. and to read, comprehend and utilize printed geographical information such as maps, street guides, police zone descriptions, jurisdictional boundaries, etc.; and, Ability to work independently and wilhout immediate supervision, to make rational decisions quiddy and to take appropdale aclion as required by the work, which can include emergencies and life threatening situations. Ability to work sustained hours under the job pressures normally associated with emergency communications, public safety and police communications operations. MINIMUM TRAINING AND EXPERIENCE High school diploma; supplemented by up to three (3) years progressively responsible experience in a capacity equivalent to Chief Communications Technician, with demonstrated ability to satisfactorily utilize, monitor and operate all communications equipment and devices in a timely and effective manner;, or an equivalent combination of education, training, and experience. PE FO E rrrur Es Dam UtY~atlon: Requires the ability ~ evaluate, audit, deduce, and/or assess data and/or information using established criteria. Includes e~ercisa of discretion in determining actual or probable consequences, and in referencing such evaluation to identify and select alternatives. Human Interaction:. Requires the abJity to harmoniously function in a supervisory capacity for a group of workers. Includes the ability to make decisions on procedural and technical levels. Equipment. Machinery, Tools, and f&~udals Utilization: Requires the ability to operate and control He ac~ns of equipmenL machinery, tools and/or materials requiring complex and rapid adjustments. Verbal/~titude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division. Functional. Rea~mning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership. Ability to ex~rcise independent judgment to apply facts and principles for developing approaches and techniques to problem resolution. Situational Reasenln~: Requires the ability to exercise the judgment, decisiveness and creativity required in siluations kwotving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPUANCE Physical Ability: Tasks involve the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeJing, crouching, and - crawling, andwhich may involve some lifting, carrying, pushing and/or pulling of objects and materials.' of moderate weight (generally 30 pounds or less). Sensow Requirements: Some tasks require visual perception and discrimination. Most tasks require oral communications ability. Environn~ntal Factors: Tasks are regularly performed without exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise exb'emes, machinery, vibrations, eleclfic currents, traffic hazards, animals/wildlife, tox~,/poisonous agents, violence, disease, or pathogenic substances. The City of Sebastian is an Equal Opportunity Employer. In compliance with the Americans with Dissb~ities/~, the City of Sebastian will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. SEBASTIAN POLICE DEPARTMENT 1201 Main Street Telephone 561/589-5233 Sebastian, Florida 32958 24 ~= Fax 561/589-2207 DENNIS R. WHITE, Chief Admin Fax 561/388-1872 E-mail: spd@sunet.net Web: w~.sebastianpd.org MEMORANDUM Date: 3/18/99 To: Rich Samolewicz, Director of Human Resources Re: Reclassification of Position This is to request that you consider the reclassific'ation of our current position of CHIEF COMMUNICATIONS TECHNICIAN to a new title. of SUPPORT SERVICES SUPERVISOR. This change would better describe the duties and responsibilities of the individual in this newly created position which-resulted from some recent reorganization. Please see the attached draf, t of a new organizational chart we are currently working on for where this position is situated. The primary benefit of this change is that it civilianizes th~ Property & Evidence operation, which does not require a full time employee position and let us reassign the officer that formerly handled it and crime scene processing back to the street in Patrol. Your th, oughts? Dennis R/White Chief/Police City of Sebastian AGENDA SUBMITTAL Agenda No. Subject: Resolution R-99-38; MPO membership for School District Department Orion: Growth Man. Approved for Subryri~,tal by: ~t~ Manager xhibits: ResoTution R-99-38; Indian River MPO 1999 Apportionment Plan Expenditure Required: n/a Amount Budgeted: n/a Appropriation Required: n/a Date Submitted: 6/2/99 For Agenda of: 6/09/99 SUMMARY STATEMENT On February I0, 1999 the Indian River County MPO voted to extend voting membership to the Indian River County School District as part of its 1999 apportionment plan. Each member of the MPO must accept or reject the apportionment plan by resolution. The MPO requests that the City pass such a resolution. RECOMMENDED ACTION Adopt Resolution R-99-38. RESOLUTiON NO. R-99- 3 8 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE 1999 APPORTIONMENT PLAN OF THE I/NDiAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Metropolitan Planning Organization (IMPO) was established pursuant to an interlocal agreement executed on April 12, 1993, and filed with the Clerk of the Circuit Court of Indian River County; WHEREAS, the Indian River County MPO is the designated and constituted body responsible for the urban transportation planning and programming process for the Vero Beach Urbanized Area; WHEREAS, pursuant to Section 339.175(3)(a), Florida Statutes, the Indian River County MPO executed an apportionment plan in 1993 which defined the voting membership of the MPO Board; WHEREAS, the Indian River County School District is currently a nonvoting IV[PO Board member and has recently requested voting membership on the MPO Board; WHEREAS, Section 339.175(2)(a), Florida Statutes provides that the IV[PO may include among its voting members agencies which operate or administer major modes of transportation; WHEREAS, the Indian River County School District provides a greater number of trips over a greater number of miles with a large fleet than any other transportation provider in Indian River County; I I I I I I I I I I I I I I I I WItEREAS, pursuant to Section 339.175(2)(a), Florida Statutes, the IMPO approved its 1999 apportionment plan at its February 10, 1999 meeting which provides the Indian River County School District with voting membership on the MPO Board; WItEREAS, the addition of the Indian River County School District to the MPO Board will not affect the population or percent distribution of the MPO's 1993 apportionment; WlIEREAS, pursuant to state requirements, each local government within the MPO shall accept or reject the MPO's 1999 apportionment plan by resolution. NOW TltEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF TltE CITY OF SEBASTIAN, as follows: Section 1. Findings. That the City of Sebastian accepts the MPO's 1999 apportionment plan which provides the Indian River County School District with voting membership on the MPO Board. That three originals or certified copies of this resolution will be provided to the Indian River County MPO. Section2. CONFLICT. All 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. Section4. 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 to a vote, the vote was as follows: Mayor Manha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. day of The Mayor thereupon declared this Resolution duly passed and adopted this ,1999. CITY OF SEBASTIAN, FLOR[DA By: Martha S. Wininger, Mayor ATTEST: Kathryn M. O'Hailoran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney INDIAN RIVER COUNTY MPO 1999 APPORTIONMENT PLAN Indian River County MP_O, Indian River County Metropolitan Planning Organization (Vero Beach Urbanized Area) · John W. Tippin, MTO Chairman ADOPTED: February 10, 1999 INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION 1999 APPORTIONMENT PLAN Background Based upon 1990 Census data, the City of Vero Beach and the densely populated land surrounding the City was designated as a Census urbanized area. With a total 1990 population of 64,707, the urbanized area includes three general purpose local governments. These are: the City of Vero Beach, the Town of Indian River Shores, and the Board of County Commissioners (unincorporated area). While the Vero Beach Urbanized' Area includes only those areas in and around the City of Vero Beach, the area expected to be urban within twenty years includes much of the land within the County east of 1-95. Considereci as the transitioning urbanized area, that portion of the County includes four of the county's five incorporated areas. The only municipality within the County which is not within the transitioning urbanized area is the City of Fellsmere. As per the requirements of 23 USC 134(c) and 23 CFR 450.308, the metropolitan (PL) area shall at a minimum include the existing urbanized area and the area expected to become urbanized withiri twenty years. According to federal regulations, the PL area may include all or part of a county. Accordingly, the metropolitan (PL) area boundary was established pursuant to those requirements. As established, the metropolitan (PL) area includes all land within the transitioning urbanized area as well as the City of Fellsmere, the area around the City of Fellsmere, and a corridor along CR 512 extending from the transitioning urbanized area boundary to the City of Fellsmere. Description The MPO (PL) area is depicted on Map 1. As shown on that map, the MPO area includes only the easternmost portion of the county, comprising approximately 25 percent of the land in the County. While the MPO area incorporates only 25 percent of the county's land area, it includes virtually all of the county's population. According to the 1990 Census, the County's 1990 population was 90,208. Of that number, 64,707 were within the Census urbanized area. Most of the land outside of the metropolitan area boundary is undeveloped marshland, agricultural land, or natural areas, with only scattered homesites, farms and ranches. For this reason, it is assumed that the entire County population is within the metropolitan area boundary. Besides showing the MPO boundary, Map I also depicts municipal boundaries as well as County Commission district boundaries. The 1990 population for each of these areas is also shown on the map. As indicated, all five of the county's municipalities are within the metropolitan (PL) area. The five incorporated areas are: City of Vero Beach, City of Sebastian, Town of Indian River Shores. City of Fellsmere, and Town of Orchid. Of these. Veto Beach is the largest; it is also the County seat. I I I I I I I I I I I I With a 1990 population of only 10, the Town of Orchid is the smallest. Table 1 identifies existing (1990) and projected population t-or the County and each of the municipalities. Besides size, there are other differences among the county's municipalities. Probably the most significant are geography and affluence. Both the Town of Orchid and the Town of Indian River Shores are located entirely on the barrier island. These communities have limited transportation facilities within their jurisdictions, with SR A1A being the only state maintained roadway within the two communities. Both towns are predominately residential, with only minor retail commercial uses, and both have affluent residents and high median family incomes. Vero Beach is not only the largest municipality in the county.; it is also the most diverse. Including both mainland and barrier island areas, Vero Beach has significant residential and non-residential areas. While almost built-out, the City has a significant amount of redevelopment activity. Various state roads (SR 60, SR A1A, US 1), non-state arterials, a limited public transportation system, a public use airport, and the railroad constitute the major components of the transportation system within the City. Both Sebastian and Fellsmere are completely mainland communities. Fronting on the Indian River Lagoon, Sebastian is the larger of the two, and the fastest growing of the county's municipalitiei. With more than 10,000 vacant platted lots, Sebastian is expected to continue to grow at a rapid rate. Sebastian has a public use airport and a portion of US 1 within its boundaries. Fellsmere is the only municipality located west of 1-95, and the only municipality without any state roadways within its boundaries. 1993 Apportionment Plan Alternatives Section 339.175, Florida Statutes identifies MPO apportionment requirements. Of these requirements, the three most important are: the size requirement; the proportionality requirement; and the requirement that (with minor exceptions) only elected officials of general purpose local governments may serve on the MPO Policy Board. When the MPO was formed in 1993, an apportionment plan was developed for the MPO Policy Board in accordance with Section 339.175, F.S. The development of the apportionment plan involved an alternatives analysis regarding the number and geographic distribution of the MPO Board members. In order to provide for a manageable governing body in relation to the relatively small population included within the MPO, alternatives were considered which limited the size of the MPO Policy Board to 7, 8, or 9 members. In assessing the board membership alternatives, a major consideration was the proportionality requirement. From a proportionality perspective, the most equitable alternative in terms of population and geographic representation was found to be the nine member option. The nine member option, which was subsequently adopted, consisted of an MPO Policy Board with four County Commissioners, two Veto Beach City Councilmen, one Sebastian City Councilman, one Fellsmere City Councilman, and one Indian River Shores Town Councilman. Besides those voting members, two nonvoting members were appointed to the MPO Board. These were representatives of the Town of Orchid and the Indian River County. School District (IRCSD). With this option, the unincorporated County representation (based upon the four County Commission~ 2 representatives) was close to the unincorporated proportion of the total County population. Another advantage of this altemative was that the smaller municipalities, with the exception of the Town of Orchid, had direct representation on the MPO Board. Each of the other options considered resulted in inadequate representation on the MPO Board for the smaller municipalities. While the seven member option would have included the three smallest municipalities (Town of Indian River Shores, City of Fellsmere, and Town of Orchid) with unincorporated residents and provide them representation through County Commission representatives, eight and nine member alternatives would have assigned a shared representative for the three smallest municipalities. Because of the dissimilarities among these municipalities, it was determined that a shared representative approach would not be feasible. After careful consideration, it was determined that all municipalities except Orchid should have voting representation on the MPO Board. When the initial MPO apportionment plan was developed in 1993, an important Consideration was whether the IRCSD could be represented as a voting member of the iMPO Policy Board. Although representatives of the general purpose local governments within the MPO area agreed that the- IRCSD should have voting representation on the MPO Board, FDOT disagreed. According tO FDOT, Chapter 339, F.S. specifically listed criteria for MPO membership and that criteria would not allow a school board to have voting representation on an MPO Board. 1993 Apportionment Plan Table 3 depicts the MPO Policy Board structure established by the 1993 Indian River County MPO apportionment plan. As indicated in that table, the MPO Policy Board had nine voting membei's. These included four County Commissioners, two Vero Beach City Councilmen, one Sebastian City Councilman, one Fellsmere City Councilman, and one Indian River Shores Town Councilman. The MPO Board also included as nonvoting members one representative of the Town of Orchid and one representative of the iRCSD. As structured, the MPO Board had direct representation from five of the six general purpose local governments within the MPO area. Only the Town of Orchid, which had a 1990 population of 10, did not have direct representation on the MPO Board. 1999 Apportionment Plan Analysis Since 1993, FDOT's position regarding school board voting representation on MPO Policy Boards has changed. For example, FDOT, in addressing initiatives by the Broward MPO to add a school board member to its MPO Policy Board, has interpreted Chapter 339, F.S. to allow school board representatives to serve as voting members of MPO Boards. This is based on Chapter 339's provision that representatives of agencies operating major modes of transportation may have voting representation on MPO Boards, and a reco~ition that school boards are agencies operating a major mode of transportation. As written, Chapter 339.175(2)a, F.S., states that an MPO "may include, as part of its apportioned voting members, an...official of an agency that operates or administers a major mode of' transportation." In Indian River County., the Indian River County School District (iRCSD) provides a greater number of trips over a greater number of miles with a larger fleet than any other transportation provider, including the County's public transportation provider. Unlike the County, municipalities, and other major transportation providers, such as the Communitv Coach public transportation system and the County's three public airports, all of which have direct or indirect voting representation on the MPO Policy Board, the IRCSD does not have direct or indirect voting representation on the MPO Board. Although adding an IRCSD voting member to the MPO Board does not affect the population or percent distribution of the MPO's 1993 apportionment, it does require updating the MPO's original 1993 apportionment plan because it changes the structure of the MPO Board. This 1999 apportionment plan addresses the addition of an IRCSD voting member to the MPO Board and contains the information required in an apportionment plan by Chapter 339.175, F.S. Table 4 depicts the Policy Board structure established by the Indian River County MPO's 1999 apportionment plan. The 1999 plan differs from the 1993 plan by the addition of one voting member from the IRCSD. As a comparison of Table 4 and Table 3 indicates, providing the IRCSD with voting representation on the MPO Policy Board does not affect the population or percent distribution of the MPO's 1993 apportionment. This is because the IRCSD serves the entire County rather than a geographic subarea. Therefore, the geographic population and the percent '. representation served by the MPO Board's 1993 members will not change. In fact, the MPO Board will more accurately represent and reflect the major transportation providers in the County withou[ reducing the representation of the current MPO Board members. 1999 Apportionment Plan Approval In accordance with Chapter 339.175, F.S. and FDOT policies and procedure, s, the iV[PO unanimous!y approved the 1999 apportionment plan at its regularly scheduled February 10, 1999 meeting. Once approved by the MPO, the 1999 apportionment plan was then approved by resolution by each member local govemment and subsequently transmitted to FDOT District Four and the Governor's Office. 4 Table 1 Existing (1990) and Projected Population Indian River County City of Vero Beach City of Sebastian Town of Indian River Shores City of Fellsmere Town of Orchid Unincorporated 1990 Populati~on Percent Pol~ulation 90,208 I00 104,501 17,360 19.2 i8,388 10,206 11.3 13,036 2,278 2.5 3,029 2,179 · 2.4 2,559 10 .01 254 58,175 64.5 67,235 Sources'- U.S. Department of Commerce. Bureau of the Census University of Economic and Business Research Indian River County, Community Development Department 1995 Peree_n_t 100 17.6 12.5 2.9 2.4 .24 64.3 Florida, Bureau of 14,544 8,68010,206~,2782.179 N/A* 40.0 20.0 10.0 10.0 10.0 10.0 "4 2 1 1 1 1 64.5 19.2 11.3 2.5 2.4 10ft ~ ~ ~ = = } = .... . .. . I City of Sebastian 1225 ~~ Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Halloween Parade and Costume Judging Approved for Submittal by: City Manager Origin: City Clerk Department Date Submitted: 5/20/99 For Agenda of: 6/9/99 Exhibits: Letter Dated May 20, 1999 bom Bobbi Burdick, Indian River County Recreation Expenditure Required: Amount Budgeted: ] Appropriation Required: I SUMMARY S~rATEMENT The City has received a request from the Vero Beach/Indian River County Recreation Department to allow a Halloween Parade on a portion of Indian Riven' Drive and judging and entertainment following at Riverview Park, Saturday, October 30, 1999 from 2:00 P.M. until 5:00 P.M. The closing of that portion of Indian River Drive and Fellsmere Road that will be affected will be coordinated with the City Manager and the Chief of Police, which has proved to be successful in the past. They are also requesting the use of electricity and the use of the Community Center for the judging in case of rain. Letter of request is attached. RECOMMENDED ACTION Approve the temporary closing of Indian River Drive on Saturday, October 30, 1999 to accommodate a Halloween Parade and allow the use of Riverview Park with electricity for the judging. Also approve the use of the Community Center in the case of rain. v eac Bobbi Blmfliek I May 6, 1998 gr. gupevvi~or,,'Faeiliti~ Manaflm ZZ66 14th Avenue Veto Beach, Florida :g2960 Telephone - (5:61) 770-6gW Mx. John VanAntVerp, Interim City Manager City. of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mx. VanAmVerp: The Veto Beach/Indian River County Recreation Department is once again making plans for our annual Halloween Parade. This year we wish to have the parade on Saturday, Octobe~ 30th, at 2dwith the line up being again on the comer of Main Stxeet and Indian River Drive. We would like the parade to go South on Indian River Drive to Riverview Park where the judging and entertainment will be held. Our department would like permission fi-om the Sebastian City Council to use the park and electricity and as in the past have help fxom the Sebastian Police Department in blocking off the streets and directing traffic. We also wonder if it would be possible to reserve the Sebastian Community Center for that day, just in case we get rain. We are looking forward to working with the City of Sebastian again ~ year on the Halloween Parade. We always receive so much support not only from the city offidals but als~ from the residents. Sincerely, Bobbi Bm'dick Parade Chairman City of Sebastian AGENDA SUBMITTAL Agenda No. Subject: Ordinance O-99-03; revised Water Restriction Plan Approved for Su~;ittal by:f_4ty. Manager Exhibits: Ordinance 0-99-03; revised Department Origin: City Attorney '~ Date Submitted: 5/20/99 For Agenda of: 6/09/99 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 from 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 revised in accordance with the directions given at the first reading held. RECOMMENDED ACTION Move to adopt Ordinance 0-99-03. ORDINANCE NO. 0-99-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102, Article IV, of the Code, of Ordinances for the Cit3~ of Sebastian constitutes the "City of Sebastian Water Restriction Plan"; and WHEREAS, said Plan applies only during times of declared water shortage emergencies, while year-round water conservation is in the best means of protecting the viability of the Florida Aquifer; and WHEREAS, making water conservation a vital interest to the citizens of the City; and WttEREAS, the City Council finds that the interests of the citizens will be best served by amending the Water Restriction Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORH)A, as follows: Section 1. That section 102-77 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: i i i I I i I I I i I i I i I I I I I Sec. 102-77. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Water means water taken from: (1) The ei~ Any public water system~ (2) Any groundwater system, including shallow and deep water wells drawing water from the Florida aquifer~ or (3) Any surface water system~ ~ or (4) Any othcr public water supptF :r~fis The systems e~numerated are intended to include s, but is 0~r~ 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, leeal entities and their ~ent~ who use water, as defined in this article, within the city. Section 3. That section 102-79 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-79. Enforcement. (a) Every city police officer or other enforcement personnel of the city who have arrest powers pursuant to state-laws, shall be authorized and empowered to enforce the provisions of this article through a~ aoncfimirtal citatior~, with jurisdiction ~testing in the county court upon failure of the violator to pay the same. However. where the offense is designated a misdemeanor, the officer shall issue a Notice to Appear before_the counl¢' court. (b) 3dditionally. the city code enforcement officers are authorized to enforce the provisions of this article under the citation method of Code Section 2-194. tn-addition to-thc penalties-for violations provided in this article, the city ma~tagcr may enforce the provisions, of this a3-ticte by ordering discontinuance of sewice to a~y person violating the provisiotas of this article for the third- anat-each successive violation during any declared water-shortage. If any person's water supply is discontinued under the provisions of this article, such person will be required to pay all charges necessary for reconneetion before the dty will reconnect such person's water supply. (c) The following enforcement notification guidelines shall be in effect for thisarticle and shall supercede any conflicting provision of Code Section 2-194: (1) If personal contact is made with the violator, the officer shall require immediate compliance: (2) If personal contact cannot be_made with anyone having ownership or control cfi a residence found to be in i i I I I I I I i I i i I i I I I violation_of thks_art[cle, the enforcement personnel shall leave a notice of violation posted on the front door thereof requiting_ compliance within twent,v-four (24) hours: (3) tf the_nolice remains pg~!$d undisturbed at said location 24 hours later, a second notice 9fviolation shall be sent by certified_mail with return receipt to ~aid address: and (4) If said violation continues more than 24 hours after delivery of the second notice,, the violator ~hall be cited. Notwithstanding any provisions of this subsection to the contrarv~ if enforcement personnel has proof the premises is actively occupied, the requirement of a mailed second notice is waived. 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. Exception:l 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 p. ed'orm main. t. enance and repair on an irrigation ~ystem. These permits may be issued with conditiQns, shall be issued fr~e of charge and only be issued upon the showing of good cause for the uses requested, Additionally. a permit may be issued when necessary for the economic viability of a business venture, subject to the terms and conditions set forth above_, fQr a fee of $20 for a permit of limited duration or q_n annual basis for a fee of $50 when supported by thc afercsaid county health and sanitation standards. 4 Section 5. That section 102-81 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-81. Penalties for violation of article. Year-round restrictions. Outdoor irfigatign l>v any manner is prohibited between the hours of 9 a.m. lnd 5 p.m.. year-round. Location,s in the city with odd-numbered addresses are only allowed to irrigate on Monday, Wednesday and SaBarday. Locations with even-numbered addresses or no listed address are only allowed tQ irrigate on Tuesday. Thursday and Sunday_. However, new planting~ are not ~.ubje_ct_to_the three-day rotation for an initial_thirty-day periQd after installation. Custodians {~f publidg-owned lands, in li~ of following the restrictions set forth a!~ove, may elect to submit a year-round water use plan to the city manager meeting the criteria set forth in Section 102-91 and subject to the same review prgce~ set forth therein~ (a)- ¥iolators of any of the provisions of this article, upon conviction, shall be subject to the following penalties: (1)- First offense, frae not to exceed $25.00; (2) Second offense, fine not to exceed $-50.00; (3.)- Any individual who has been con,,4eted of a violation of this article three or more times during the same water shortage emergem:y, upon eonviction of each offense after the second conviction dufng the same water shortage or water shortage emergency-shall be deemed to be guilty of a second deg~:ee misdemeanor an6 punished according to state taw for-such offenses. (b) Each day ot:eontinued viotafion-~shalt be considered as a separate offense. 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 .pi ~IIle, r~ency r~s. trictioBs. The curtailments and restrictions of water uses provided for in tF2a ~ ~ectio_ns L02-83 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 be at an end. Section 7. That section 102-83 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-83. Landscape irrigation restrictions, domestic residential and commercial - existing installations. (a) For existing installations of landscaping on residential and ~_ommercial parcels less than five acres in size, water use for irrigation is restricted to the hours of 4:00 a.m. 6 p,m, to 8:00 a.m. 1.0 p.m., three days per week. (b) For existing installations of l_and~caping on residential and c_9.mmercial parcels five acres or greater in size, water use for irrigation is restricted to the hours of 12:O1 a.m. 6:00 p.m. to 8+00- 2:00 a.m., three days per week. (c) For all existing installations without automatic irrigation timing devices, irrigation is also permitted during-the houFs of 4:00 p.m-. to 8:00 p.m., three days per week. (d) Installations Parcels with odd:numbered addresses are permitted to irrigate'on Monday, Wednesday and Saturday. Installations Parcels with even-numbered addresses or no addresses are permitted to irrigate on Tuesday, Thursday and Sunday. Section 8. That section 102-84 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-84. Same - New installations. l~andscaping installations on residential or commercial parcels that have been in place for thh-tg days or less sho. ll have the following restrictions on watering[ (a) Low volume irrigation ~vstems or hand- watering is allowed~ in addition to the methods set forth below, at any time except between the hours of 9 a.m. and 5 p.m.. (,b) Other irrigation systems are restricted to watering between the hours of 5:00 p.m. and 9:00 p.m. (a) kow volume irrigation of plants and crops with one hose, fitted with an automatic shutoff' nozzle, is permuted but conservation should be practi~-e& (b) For installations including home flower gardens which have been in place less than 30 days and are less than five acres in-size, irrigation using automatic timing deviccs is restricted to the hours-of 2:00 a.m. to 8:00 a.m., Monday through Friday. (c) For a~:cas five acres or-greater in size,, irrigation is restricted to the hours-of 12:O1 a.m. to 8~00 a.m., Monday through Friday. (d)- Fo~: new installations including-homc flower gardens without automatic irrigation timing devices, irrigation is also permitted during the hours of 4:00-p.m. to 8:00 p.m., Monday' through Friday. There ave no-restrictions fo~ those-watering by hand-using low volume mcthods. (e) Additionally, C~leaning and adjusting of new irrigation systems is restricted to ten minutes per zone on a one-time basis. Section 9. That sections 102-86 through 102-89 of the Code of Ordinances, City of Sebastian, Florida are hereby deleted and said section numbers are reserved for future use. Section 10. That section 102-90 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-90. Nursery axtd_agr, icuilur~[use restrictions. inside overhead irrigation for nursery., and agricultural uses are restricted to 8:00 a.m. to 8:00 p.m., seven days per week. Outside use irrigation is restricted to 7:00 p.m. to 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 u-l~se restrictions _for uublic la~g.facilities. _Within three days of the_declaration of a water sho~age ~mcrgency. custodians of publicly-owned facilities must submit a water use plan to the city manager that, while considering the manpower restraints of the entity, balitnq~ the same against, the policies of water conservation such as evaporatio0 avoidance and spreading out the time.~ and da~s of irrigation. The city manager may approve or reject said l~lan. Qr agpr0ve the same with modifications. Modifications to a rejected plan must be_ re~ubrnitted_wit, hin three days. (a)- b'rigation of greens and tecs taus} be accomplished during nendaylight hours. (b) Irrigation of fairways, roughs and nonplaying areas on the fa'st nine holcs of the coursc is restriaed to the heurs of 12:01 a.m. to g:00 a.m. on Monr~ay~, Wednesday, and Saturday. (c) Irrigation of fairways, rougtv3 and nonplaying areas on thc last nine holes of: the course is restricted to the hours of t2:01 a~.m. te 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. i I I I I I I I I I I I I I I I i I I (b) Air conditioning systems utilizing ~ water source heat pumps shall be permitted to utilize the discharge water of said_system for. irrigation purposes at any time notwithstanding_any provision of thi~ article to. the contrary. ) use shall be restricted to water necessary to maintain temperature v,o-cooler than 78 deg~ee~ Fahrenheit. (c) Washing and cleaning streets, driveways, sidewalks, or other nonporous areas with water is prohibited. (d) Noncommercial _Vvehicle washing other than thorough a permitted 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 pm., three days per week, using the even/odd house address method. (e) Outside pressure cleaning is restricted to only low volume methods, seven days per week prohibited except_l~y licensed professionals holding ~! valid water use permit. (0 Outside aesthetic use of water is prohibited. Section 13. That the existing section 102-95 Provisions supplemental, of the Code of Ordincmces, City of Sebastiast, Florida is renumbered as section 102-96, and in its place section 102-95 shall read as follows: Sec. 102-95. Penalties. Ia) Violators (~f section 102-81 shall be subject to the following penalties: (.1) First offense: citation amount of $25.00_ maximum fine Ul~On ~;onviction in countx~o_urt of $75.00: (2) Second offense: citation amount of $50.00L maximum fine upon conviction in county court of $150.00; and 10 (3) Third,and subsequent 9ffen~e~; citation amount of $100.00, maximum fine ul~on cqnviction of $250.00. (b) Violgtors of sectigns_ 102_-8_3, 102~84} and 102-90 through 102-94 shall be subject to the following p. enaltie~ (.1) First offense; citation amount of $50.00. maximum fine upon conviction in cgunty court of $100.00: (23 Second offense; citation amountofl;150.00, m~ximum fine upon conviction_in county cQurt of $250.00: and (3_) Third ~nd_aubsequent offenses shall qonstitute a ,econd degree misdemeanor punishable in accordance with state law. i~c) Citations sha, ll be paid to the office of the City Clerk at City Hall. Section 15. CONFLICT. herewith are hereby repealed. Section 16. SEVERABILITY. All ordinances or parts of ordinances in conflict 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. 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 Councilmember Ben A. Bishop Councilmember 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'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 12 City of Sebastian 1225 Main Street $eb~tian, Florida $2958 Telephone (561) FAX (561) 589-5570 Subject: Recreation Advisory Board Approved for Submittal by: City Manager Date Submitted: 6/1/99 For Agenda of: 6/9/99 Exhibits: application, board mcmber list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMA.gY STA'IT~£NT THE SEBASTIAN RIVER AREA LITrLE LEAGUE POSITION ON THE RECREATION ADVISORY BOARD HAS BEEN VACANT SINCE JANUARY 27, 1999 WHEN RANDALL SNYDER WAS REMOVED. IN ACCORDANCE WITH CODE OF ORDINANCE SEC. 2-213, JO-ANN WEBSTER HAS BEEN DESIGNATED THE NEW REPRESENTATIVE FROM THE LITTLE LEAGUE. THE CODE REQUIRES THAT ALL MEMBERS BE APPOINTED BY THE CITY COUNCIL. R£COMMF. ND£D ACTION APPOINT JO-ANN WEBSTER AS THE DESIGNATED REPRESENTATWE FROM THE SEBASTIAN RIVER AREA LIT'FLE LF.,AGU£ TO THE RECRF, ATION ADVI,$ORY BOARD WITH UNEXPIRED TERM TO EXPIRE ON 12/2000. APPLICAYtON TO SI~RYE.ON (Ail City Board and Committ~ Members Must bc Residents of thc I I BUSINESS: BUSINESS ADDRESS: ^~ You ~ ~,om-n~D vo-r~.~? ~'t ¢S .... vq~ ~. no. Do you c~b~ ~o~ A~r ~U~UC O~C~ ~ ~o ,,~ ~s~ ~v~ o~ ~ o~c,~ ~o,,~ o~ ~o~.,~,~., ~tlCH BOA~S/COMMI~S? ~ ............. . .' PLEASE CHECK TIiE BOA~S ON WHICH YOU A~ ~TE~STED ~ SERVING ~ O~ER OF P~FE~NCE WITH FIRST CHOICE BErG ~ 1: , .BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD -' CONSTRUCTION BOARD -" _HANDICAPPED SELF.EVALUATiON COMMITTEE -' PLANNING AND ZON~(U COMMISSION · .POLICE RET1REMENT BOARD OF TRUSTEES ~R.ECREATIONAL ADVISORY BOARD . ...... TREE ADVISORY BOARD OTHER TEMPOKARY I I I I I I .j O~:qI g$6I/SO,./iO A??L~CABLE EDUCATION AND/OK EX?ERjENCE; (~t~ch scpztrat: resu~-n,c i£necess~O,1 LIST ANY ADDITIONAL QUALIFICATIONS TO ,SERVE ON BOA~ OR CON({ITYEE: - NAVE YOU EVER BE=N CONVICTED OF ANY FELONY IN Tills OR ANY STATE? }LA. VE YOU £V~N BE~N CONVICTED OF ANY MISDEMEANOR DO/OLVI'NG MORAL TURPITUDE IN THIS O~ ANY STATE~ ~ ~ WOULD YOU CONSIbER ~ERVING ON A BOA~ OTHER THAN THE ONE(S) SELECTED hereby certify that 1 sm quolified to hold ~e position for w~ch ~$ a~vlieation is made. F~er, I hereby aufl~ori~ fl~e Ci~ orSebastim to lnvesfigat, ~e ~fuln~s o~all ~omadan wNeh I have provided in tiffs ,pplicadon. I understand ~at my mkrepresentation or o~i,~ion or,formation requested in Ibis a~plic~tion is ce~, for ~squnlificn6cn. I have been provided with, read and ~mdetstm~d City of $¢b~tim Code et O~dinmce, Sections 2-166 2-173 (attache. Infatuation relative to a sp<ifi¢ bo~d or c~i~ i$ availaNe if requested. Subscribed and sworn Io be[ore me a~ identification. ...,' , . . ~- /7 . Not~' P~blic, 51aD oO'Florida \wp- f'vmf,~pplic.~t.;~pd rev. 9/98 ':-%Vd OAS 3-1111 ";%'iOS_:hl-qO;3 OPL£SSEIgC; ~:CT '=::z BF,.CREATION ADViSORy COMMFI'TEI~ I. Thc ~ or his/her design~ of the Sebastian River Area Little League, Inc. 2. Thc presidm or his/her design~ of thc Sebastian Panthers, Inc. 3. Thel~'~idem or Ms/her designe~ of the Sebastian Soccer Associatioa, Inc. 4. The l~midmt or his/her desig~e~ of the Sebastian Old Boys. 5. Theln~sidmt or his/her designe~ of rig Friendly Tennis Group. 6. Tlg~ or his/her designe: of the Sebastian River Art Club. 7. Th: lmidmt or his/her designee of the Craft Club of Sebastian. 8. The Kay of Sebastian's appointed member of the Indian Rive~ County Parks and Recreation RAN'DAIt, L $NYDKR APf~th ,'TED:. 1 ~1997 H 176 bFoq..BERRY STREET TERM EXPff~S: 1~2000 SEBASTtAlq, I'L 32958 REMOVED AT 1/27/1~9 COUNCIL M'EETING 589-8494 REPRESEN'I$: SEBASTIAN RIVER ARF_A LITTLE LEAGUE, INC. MAURA RAYBORN 155 HARRk$ DRIVE SEBASTIAN, FL 32958 388-3820 REPRESElq~: 5ffBASTIAlq PANTHer, INC. APPOINTED: 12/1997 TERM EXPIRES: 12/2000 CORY RICHTER 489 QUARRY LANE SEBASTIAN; FL 3295g 388-9341 REPRESENt: SEBASTIAN SOCCER ASSOCIATION, INC. CLIFFORD 479 COPLY TERRACE SEBASTIAN, FL 3295g 388-2661 REPRESEN'I~: SEBASTIAN OLD BOYS APPOINTED: 12/1997 TERM EXPIRES: 12/2000 APPOINTED: 12/1997 TERaM EXPIRES: 12/2000 VIRGINIA NICHOL~ 238 COLUMBIA AVENUE SEBASTIAN, FL 32958 388-3512 REPRESENT5: FRIENDLY TENNIS GROUP APPOINTED: 12/1997 TERM EXPIRES: 12/2000 90 I i I I I I I I i I I I i I I i I MARJORIE 463 PERIWINK~ DRIVE SEBASTIAN, F1,~2958 5894765 REPRESENTS: ~I~ASTIAN RIVER ART CLUB APPOINTED: 12/1997 TERM EXPIRES: 12/2000 ROBERT BATI~ 330 MAIN S~ SEBASTIAN, FL3~58 589-9842 REPRESENTS: St[BASTIAN RECREATION ADVISORY BOARD APPOINTED: 12/1997 TERM EXPIRES: 12/2000 NANCY DIAM(I~ APPOINTED: 12/1997 437 SEAGRA~AYENUE TERM EXPIRES: 12/2000 SEBASTIAN, 1;1,2r2958 388-1833 REPRESENTS: IiqDIAN RIVER COUNTY PARKS AND RECREATION BOARD CAROL MC~ 542 BRF_,AKWA'II~R TERR. SEBASTIAN, 1;L 3'2~8 388-1627 REPRESENTS: ~N-AT-LARGE APPOINTED: 12/1997 TERM EXPIRES: 12/2000 LARRY VICKI~ 1097 GARDEI~ ~TREET SEBASTIAN, FL12958 589-5429 I ST AL~ATE NANCY Pt"iS'FE!I 726 LAYI~RT ~ SEDAS'HAN, 51F~3526 2ND ALTERNATE BOARD SECKEIARY - LINDA KINCHEN APPOINTED: 3/11/98 TO UNEXPII{ED TERM OF L. DRIVER APPOINTED'i 131 12/1997 TERM EXPIRES: 12/1999 APPOINTED: 8/26/98 TO UNEXPIll.ED TERM OF DAVID NISB1T TERM EXPIRES: 12/1998 91 City of Sebastian, Florida Subject: City Manager Employment Agenda No. Agreement Approved for Submittal by: City Manager Department Origin: City Manager Date Submitted: June 3, 1999 For Agenda of: June 9, 1999 Exhibits: -Employment Agreement, between the City of Sebastian and Mr. Terrence Moore - Excerpt fromTom Frame's Employment Agreement - R-99-37 EXPENDITURE / AMOUNT BUDGETED: APPROPRIATION _REQUIRED: [ REQUIRED: SUMMARY As directed by City Council, at their May 26, 1999 Regular City Council Meeting, staff has prepared the attached Employment Agreement between the City of Sebastian and Mr. Terrence Moore, outlining the terms and conditions of Mr. Moore's employment. Mr. Moore requests inclusion ora living allowance as set forth in paragraph I. 2. of Tom Frame's employment agreement. Additionally, he requests that termination pay, when there is no cause, remain at 90 days for the full term of the agreement. RECQMMENDED ACTION Move to adopt Resolution R-97-37 and approve the Employment Agreement between the City of Sebastian and Mr. Terrence Moore. RESOLUTION NO. R-99-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT FOR TERRENCE MOORE TO SERVE AS CITY MANAGER; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WltEREAS, the City Council has determined that it is in the best interest of the City to employ Terrence Moore as City Manager; and WltEREAS, the City Council has considered the terms of employment for Mr. Moore; and WltEREAS, the City and Mr. Moore desire to enter into an agreement as to the terms of his appointment as City Manager; NOW THEREFORE, BE IT RESOLVED BY ~ COUNCIL OF THE - CITY OF SEBASTIAN, as follows: .. Section 1. AUTIiI[ORIZATION. The City Council of the City of Sebastian hereby authorizes the Mayor and City Clerk to execute the employment agreement with Terrence Moore attached hereto as Exhibit "A" on behalf of the City. Section 2. CONFLICTS. All resolutions or parts &resolutions in conflict herewith are hereby repealed. Section 3. upon its adoption. EFFECTIVE DATE. This resolution shall take effect immediately A motion to adopt the foregoing Resolution was made by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 9th day ofJune, 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 EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this__ day of June, 1999, by and between the City of Sebastian, Florida, a municipal corporation (hereinafter referred to as "City") and Terrence Moore (hereinafter referred to as "Mr. Moore") pursuant to the following terms and conditions: WHEREAS, the City desires to retain Mr. Moore as City Manager of the City of Sebastian; and WHEREAS, the City expects Mr. Moore to perform all of the responsibilities and obligations required of the City Manager of the City of Sebastian pursuant to the City Charter, Codes and Ordinances, and applicable State and Fed~ai regulations; and WHEREAS, the City desires to provide specified terms of employment for the position of City Manager; and WttEREAS, Mr. Moore is desirous of entering into an employment relationship with the City of Sebastian to perform the services required of City Manager; NOW TI:[EREFORE in consideration of-the mutual covenants contained herein, the City and Mr. Moore, hereby agree as follows: I. APPOINTMENT 1. The City hereby appoints Mr. Moore as the City Manager of the City of Sebastian, effective as of 8:00 a.m., July 4, 1999, subject to all terms and conditions of this Agreement. The City confers upon Mr. Moore all powers, duties and responsibilities as prescribed and permitted by the laws of the State of Florida, the City Charter, Ordinances and other Codes of the City of Sebastian. Il. TERbI OF EMPLOYMENT 2. This Agreement shall become effective upon execution thereof by the last party signing the same, and continue in effect until terminated pursuant to the terms of Section VII hereof. III. COMPENSATION AND BENEFITS 3. Salary - Mr. Moore's salary for the initial period of this Agreement shall be $60,000 per year payable in bi-weekly installments of $2,307.69. 4. Insurance - The City hereby agrees to provide and pay for health, vision and dental insurance for Mr. Moore and his dependents. Said insurance benefits are to be the same as those available for all other full-time City of Sebastian employees and are subject to change if said benefits are changed for all other City of Sebastian employees. 5. Retirement - The City agrees to contribute to its existing 457B program, or any new retirement/deferred compensation program instituted by the City on behalf its employees, an amount equivalent to a set percentage of his annual salary, said percentage amount being determined by matching the highest percentage amount being contributed on behalf of any full- time exempt employee. 6. Vacation - Mr. Moore shall accrue vacation benefits at the same rate provided to all employees of the City. Upon termination of employment with the City, Mr. Moore shall be entitled to compensation for accrued vacation time not to exceed twenty (20) days. 7. Sick Leave - h/Ir. Moore shall accrue sick leave at the same rate provided to all other employees of the City. Upon termination of employment, NIr. Moore shall be entitled to compensation for accrued sick leave the same as all other employees. 8. Disability - Mr. Moore shall be provided disability benefits to the same degree as provided all other employees of the City. 9. Professional Associations - The City agrees to budget, to the extent funds are available, for payment of dues, subscriptions and educational seminars related to the scope of Mr. Moore's responsibilities and duties as City Manager. 10. Business Expenses- The City agrees to reimburse Mr. Moore for all expenses incurred by Mr. Moore directly'related to the performance of his duties as City Manager. This provision however, shall not be construed to require the City to reimburse Mr. Moore for expenses which would not otherwise be authorized pursuant to Florida Statutes, City Charter or Ordinances of the City of Sebastian. 11. Discretionary Time - In addition to accrued vacation time, Mr. Moore shall be entitled to discretionary time consistent with the employment policies &the City as established and modified fi.om time to time. 12. City Vehicle - Mr. Moore shall be entitled to use ora city vehicle for transportation in performing City business. Additionally, so long as he resides within the City, Mr. Moore shall be entitled to use of a city vehicle to commute between City Hall and his Sebastian residence. 13. Other benefits - Mr. Moore shall be entitled to other benefits as from time to time may be afforded all other full-time employees of the City of Sebastian. IV. REVIEW AND EVALUATION 14. Evaluation - Upon completion of the first (6) month period of employment' Mr. Moore shall be reviewed by the City Council as to his performance. Thereafter, on the anniversary date of his employment, the City Council shall again evaluate Nh-. Moore's performance and may as appropriate increase the salary and benefits ofl~k. Moore in a manner consistent with his performance evaluation. Any increases in salary or benefits shall be at the sole discretion of City Council. Subsequent performance evaluations shall be conducted on an annual basis from the anniversary date and then thereafter. 15. Cost-of-Living Raises - Mr. Moore shall receive cost-of-living or any such similar generalized raises consistent with those provided to other exempt employees of the City. V. RESIDENCY 16. Mr. Moore agrees to become a resident of the City of Sebastian within six (6) months of the effective date of this Agreement. VI. FULL-TIME EMPLOYMENT 17. Mr. Moore shall undertake his duties on a full-time basis and shall devote his complete efforts to the business of the City. 18. As part of his duties, Mr. Moore shall attend all public meetings, hearings and workshops of the City Council, and meetings of other boards as is in the best interest of the City. VII. TERMINATION 19. The term of this Agreement notwithstanding, either party shall have the right to terminate this Agreement upon providing written notice of termination to the other party. This provision notwithstanding, however, during the first two years, the City may only terminate the agreement without cause if it pays to Mr. Moore an amount equal to three months of his current annual salary. After the second year of this contract, the City may only terminate the agreement without cause if the City pays to Mr. Moore an amount equal to two months of his current annual salary. Nh-. Moore may terminate this Agreement upon furnishing the City three months written notice. 20. Notwithstanding any provision of this Agreement to the contrary, the City may terminate Mr. Moore, with cause, pursuant to the terms of the City Charter. 21. If Mr. Moore is terminated for cause, the City shall not be obligated to pay any compensation or benefits to Mr. Moore pursuant to the provision of Paragraph 19 hereof. vm. INDEMNi3FiCATION 22. Subject to any limitations imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Moore against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Moore's acting within the coarse and scope of his duties as City Manager. IX. GOVERNING LAW 23. This Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. X. MODIJFICATIONS 24. No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. XI. ENTIRE AGREEMENT 25. This Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this A~eement. 26. XII. NOTICES All notices consents, requests, instructions, approvals and other communications provided for herein shall be validly given, made or served if in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: (or at such other address which shall be specified by like notice): To the Employer: City of Sebastian Attn: City Mayor 1225 Main Street Sebastian, Florida 32958 With a Copy to: City of Sebastian Attn: City Clerk 1225 Main Street Sebastian, Florida 32958 To the Employee: Terrence Moore XHI. HEADINGS 27. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. XIV. ENFORCEMENT 28. In the event that it should become necessary for either party to retain the Services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting it asserts specific contentions concerning the Agreement which are filed upon by the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk, and Terrence Moore has executed this Agreement, as of the day and year first above written. City of Sebastian, a Florida municipal corporation Martha Wininger, Mayor Terrence Moore ATTEST: Kathryn M. O'Halloran City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney I " ·'~ EXF IT "A" i E.MPLOY~E~T AGKEEMENT I This A..~eement. made and entered into this ,',~-5-da.v or'February, 1916. by and between the City of I Sebastian. Florida a municipai co~oradort (hereinafter referred ro as 'Ckv") and Thomas W. Frame (hereinafter "Mr. Frame") pursuant to the following terms and conditions: I WHEREAS. the City. desires to retain .:'vIr. Frame as Cin,. Manager of the City of Sebastian, I Florida: and - WltERF_4,S, the City ax-pec, s M.r. Frame to perform all of the responsibilities and obligations I re?ired of the City Manager ofthe City of$~astian purmant to the City Charter, Ordinances, Land I De ~elopment Code, and aopticabie Stare and Federal regulations: and . - I Vv-'d~REAS, the City desires to provide specified terms of employmen£ for.the position of City Manauer, and i WHERE,,LS, Mr. Frame is ci~Tircus of =,aering hxo an employment relationship with the City i of Sebastian to perform the services requir~ of City manager. I ,NOW ~ORE, in consideration oft. he mtrmal cove,nants contained herein, the City and Mr. Frame, hereby a~ee as follows: I L A]~PQ h-'WI~I~NT I I. The City, hereby appoints Mr. Frame as the City Manager of the City, effective 'J,:30 p.m., Friday, February ~', I996, subject ~o ali terms and conditions oftkis Agreement. T"ne City corffers I upon Mr. Frame all powers. ~trries, and respons%ilities as prescribed and perrnirted by the laws of the I Stare of Florida. the City Cna.met. Code of Ordinances ,.md Land Deve!ooment Code of the City of I i day .-'or five (5) days a w~k. t~r a maximum pe~od of 5i:, (6) weeks upon his re!ocation co :his area. f,~ I I I I I I I I I I i i I I I I I I I I City of Sebastian, Florida Subject: .Request to purchase a new truck For the Building Department. Approved for Submittal by: Agenda No. ~-/~0 Department'Origin: Building Department~ (GB) Date Submitted: 6/2/99 For Agenda of: 6/9/99 Exhibits: Copy of contract and base specifications for a 1999 Ford F-150. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $13,553.00 $14,000.00 REQUIRED: None SUMMARY This new truck will replace #202 which is 10 years old and has over a 100,000 miles on it. This truck has been a continual maintenance problem. Over the last 2 years it has cost us approximately $2,000.00 a year to keep it on the road. Because it is used by one of our inspectors, the down time slows down the inspections getting done and leaves us constantly looking for an alternate vehicle to borrow. We will piggy-back off from bid award contract #98-06-0914, The Florida Sheriffs Association & Florida Association of Counties. RECOMMENDED ACTION Move to approve purchase of a 1999, Ford Fo150 truck in the amount of $13,553.00 from Duval Ford, Central. 407~474779 FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNT~ SPECIFICATION #08 - 1/2 TON PICKUP TRUCK 2 WHEEL DP,/VE, 4 WltEEL DRi-v'E OPTIONAL · Base Spec/.f~car/ons c.m~rsLzi~. FO~.D, C~Za~ MOZO~S O~ i~OVZn zgurvm~z,~r i~L rrz~s F~CrOZr mSZiLL~ ~iF~S O~Sl~SZ m~c~rzo ENGINE Gasoline ~rigtnc, nltrikmlm 8-cylinder, 3.9L {239 CID] ~-~d 170 net liP.. Thc foLlow/rig er%~lncs, or approved cquiv~crlr~ ~ acceptable: Ford: 4.2L {256 CID]. 205 net HP (EFi] GM: 4.3L {252 CID), 200 net HP {EFI] Dodge: 3.9L (239 CID}. 170 net PIP {1VIPI) Manufacturer'~ heavy-duty ~/ternator and battery. Manufacturer's heavy-duty cooling sys~;cm. 2. TRANSMISSION a. Automat/c ov~drtvc transmi,~ion, 4-speed, m/~im,,rn, Ma.uufac'barer's standard & a.~Ic and ratio for specified engine a_r~d transmJ.s- sion combination. 4. PERF©RNfA_NCE rTEMS Factory l~$t~led =m~-nete. r or voltmeter, fuel. oli pr=smare and cool~t temper- turc gauges. Power stec~.g. Re~ ~N-lock b~es. ~~. Pow~ b~es. front b~kcs ~c ~e, ~ b~kcs may ~ ~ ar disc. 5. COMFORT FI"EMS a. Air conditioning, factory mstalIcd. b. TinScd glass all around [NOTE: factory tint) Award Artrtou,rtcerrtertr. (98-0C~0914) I01 407647¢77D P-02 3 p~scnger, vinyl bench seat with head rest. Manufacturers standard AM/FM radio. #08 - 1/2 Ton /~/ckup Truc Heavy-duty rubber floor cover/ng instead of c~pet. SAF .ET~ rTEMS Outside mirrors, LH and RH sides, inside r~a~view mi,-or. Interior dome lightis), with lefz and right door act/rated ~ltches. Minimum 2-speed etectrtc w/pars: windsb_ia!d wamlner. 7. Tr~Es _kN~ .WhLE. EL~_ Tires. ~n: (5) P'235/75R15 or larger, md/al BS~V highway or a/1 season tread. Sp~re tire, wh~l and rack to frame mounted. Jack and lug wrench to be included. White side walls and raised white Ictter tires may be substituted for the black side waits ff the white side wails and r~/~ed letters are mounted on the inside mhd the cost As no grater than the black side w-ail tares. 8. CF~5~S, FRAM_E, M/~mum 5600 lb. GVWR. factory certified: min/znum 1650 lb. payload rating (combtr~d weight of op~ons, p~ers ~d ~~e: 116.5" ~um.. Flee/side .or approved e~~t body, ~~ 77.5" ~side ~x len~. ~nl- mum ~d~ 49.0" be~e= wheel hous~g. Front b~per. Hea~-duty ~ep-~c re~ b~per, facto~ ~led. M~a~'$ s~d~d p~ ~d color, facto~ p~ted. To ~clude st~d~d ~d op~o~ ~ coat ~d me~IHc p~ ~d color o~ered by ~e m~ufact~er. K~: ~ (2) p~ ve~e, single key loc~ ~st~s (ca~ v~Icle keyed ~dy). ~d k~ epao~. 9. CONDITIONS In ac~dition to ectulpment specified, vehicle shall be equipped with ail standard equip- ment as specif~ed by the manufacturer for this model a.ud shall comply wlth ali EPA Em/ssion Stand2rds and all Motor Vehicle Safety Standards as esr. mb]/shed by the U.S. Deps~'-, rncnt of ~ortatlon regarding the manufacture of motor veh/cles. The successful bidder nhall be r~sponslble for delivering vehicles that are properly serviced, cle~n and in first c!mss operar, lng condition. Pre-del/very service, at a mi'~u.m, shal.l_ include the followlng: Commlete lubrlcatton. Check ail flu./d level~ to ams~u-e proper fill. A~dJus~'r~-~t of crlgine ~a prope_.r operating con~on. L~e ~s lo proper p~ssu~. Check to ~sur~ p~per ope~Uon of ~ acccsso~es gauges, ligh~s. ~d Focus~-~ of hea~gh~. Cle~ng of v~c!es, if necessa~. ~d remav~ of E1 upmeceas~ t~m. suckers. I I 102 Biw Award Aru'~umcernertr.  FLORIDA ASSOCIATION ~:,,, .~,:~ ~ COV~T~E$' I I FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES I 1999 FORD F-150 - Specification #08 ! (1/2 Ton Pickup Truck, 4 x 2) · The Ford F-150 truck purchased through this contract comes with all the standard equip~ merit as, specified by the manufacturer for this model and FSA's base vehicle speciflcation(,s) requirements which arc included and made a part of this contract's vehicle base price, as awarded by manufacturer by specidcation by zone. ZON]E: Western Northern Central Southern B.~SE PRICE: S13,553.00 $13,493.00 $13,553.00 $13,573.00 : White the Florida Sheriffs Association and the Florida Association of Count/cs have tempted to identify and include those equipment items most often requested by paz-ttcipat- ina agencies for 1/2 ton pickup trucks, we realize equipment needs and preferences are going to vaz-y from agency to agency. In an effor~ to incorporate fle-,dbility into our prograzm, vce have created speci~c add/delete options which allow the purchaser to tailor the. vehicle to the~ particular vcants or needs. ! ! ! ! ! The following equipment delete and add options and the~ related cost are provided here to assist you in appro~m~ting the total cost of the type vehicle(s) you wish to order through this progr-an~ Sknply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment it=ms you wish added to the base unit cost to determine the approximate cost, of the type vehicle(s) you wLsh to order. NOTE: An official listing of all add/delete options and the~ prices should be obtained from the appropriate dealer in your zone when preparing yom- order. Additional add/de!etc options or_her than those listed here may be available through the deslers, however, those lis~ed her~ must be honored by the de~er~ hu your zone at the stated prices. I I I i Hill Awed Aru~o,'ucemenr (98-06-0914] 103 I I i I I I I I I I I I I I I I I I I I I VEHICLE: DEALER: ZONE: RASE PRICE: F-150 F-150 F-IS0 F-150 Dural Ford Duvai Ford Dural Ford Dural VCestcrn Noi'r_hern Central Southern $13,553.00 $13,493.00 $ I3,553.00 $ I3,573.00 DEDUCT: DELETE OPTIONS ABS brakes Delete spare tire & rim $ Delete air conditioning $ Delete rear seat on $ ax%ended cab model Provide 5-speed manual $ transm/ssion with overdrive m lieu of automatic overdrive Rear seat $ (extended cab) 35.00 584.00 252.00 646.00 240.00 ADD: ADD OPTIONS Engine: 4.6L V-8 Engine: 5.4L V-8 Battery, 650 CCA or greater Heavy duty towing package up to 5000 lb Hca,a/duty towing package up to 7200 lb Limited* slip or locking different/al on rear axle (4 x 2 chassis) Power windows & door locks, all doors (XLT package) Cloth seat upholstery in lieu of vinyl (XL package] Bucket seat in lieu of bench seat (requires XLT package) Carp. e: in lieu of rubber floor cove.tug (requires XL option) Sliding rear window Tilt s~ee.~mg vcheel. speed contro! 1.176.00 1,657.00 120.00 672.00 672.00 270.00 N/A N/A N/A 35.00 $ 35.00 $ 35.00 584.00 $ 584.00 $ 584.00 252.00 $ 252.00 $ 252.00 646.00 $ 646.00 $ 646.00 $ 240.00 $ 240,00 $ 2a_0.00 1,176.00 $ 1,176.00 $ 1,176.00 1,657.00 $ 1,657,00 $ 1,657.00 120.00 $ 120.00 $ '120.00 672.00 $ 672.00 $ 672.00 672.00 $ 672.00 $ 672.00 270.00 $ 270,00 $ 270.00 I04 2,643.00 $ 2,643.00 $ 2,643.00 $ 2.643.00 544.0O 490.00 $ 100.00 S 125.00 $ 385.00 544.00 $ 544.00 $ 544.00 490.00 $ 490.00 $ 490.00 $ 100.00 $ 100.00 $ 100.00 S $ 125.00 S 125.00 $ 125.00 385.00 $ 385.00 $ 38.,.5.~~ BM Award Announcement(98-O~O~f'f-4} DEALER: ZONE: BASE PRICE: F-150 Duval Ford Western S13,553.00 Add Options (cort~rtued) Ex~ended cab model Third door on ex-tended cab model Fourth door on extended cab model Step side cargo box (flare side) (requires XL option) 8' cargo box in lieu of 6' cargo box AM/F~ cassette radio (requires XL option) Third key Complete set of service manuals ONLY 5/75 Ex~ended 6/100 Extended g-wheel AB$ brakes LT245/75R 16D Class rv hitch vcith receiver Optional axle ratio Triangle reflector kit l~n shields 'HD aluminum tool box Bedliner Bug shield First ~/d l~t Rechargeable mag light $ 3,083.00 Std. $ 1,436.00 $ 290.00 $ 130.00 S 65.00 S 165.00 S 835.00 S 975.00 300.00 385.00 S 395.00 S 50.00 $ 40.00 $ 65.00 S 348.00 S 248.00 S 135.00 S 85.O0 $ 135.00 B~t Au'c. rd Anmouncemertr (98-06-0914] F-150 Duval Ford Northern $13,493.00 3,083.00 N/A Std 1,436.00 290.00 $ 130.00 65.00 165.00 $ 835.00 S 975.00 S 300.00 $ 385.00 S 395.00 $ 50.00 $ 40.00 $ 65.00 $ 348.00 $ 248.00 $ 135.00 S 85.00 $ 135.00 F-150 Dural Ford Central $13,553.00 S 3,083.00 N/A Std $ 1,436.00 S 290.00 S 130.00 S 65.00 S 165.00 $ 835.00 S 975.00 S 300.00 S 385.0O $ 395.00 $ 5O.OO $ '40.00 $ 65.00 S 348.00 S 248.00 $ 135.00 S 85.00 S 135.00 F-150 Dural Ford Southern $13,573.00 3,083.0O N/A · Std 1,436.00 290.00 130.00 65.00 165.00 835.00 S 975.00 $ 300.OO $ 385.00 S :395.00 50.00 40.00 65.00 348.00 248.00 135.00 85.00 135.00 105 Subject: Bid Award Painting Police Department City of Sebastian, Florida Agenda No. Approved for' Submittal by: John Van Antwerp, Interim City Manager Department Or~in: Engineering/ Terry D i~11, Public Works Public Exhibits: None EXPENDITURE REQUIRED: $7,800 Date Submitted: 6/2/99 For Agenda of: 6/9/99 AMOUNT BUDGETED: $7,800 APPROPRIATION REQUIRED: N/A SUMMARY Competitive sealed bids were solicited for the painting of the Sebastian Police Department. The scope of work included not only painting but the repair of walls due to water damage' 'which included replacing some window beading as needed. All walls are to be primed and painted with specified materials. One bid was received for this project from VIP Painting of Coral Springs in the amount of $7800. References were checked and are satisfactory. Due to the scope of work being performed, we feel this is a fair bid and recommend the bid be awarded to VIP Painting of Coral Springs. During thc renovation of the heating/air conditioning ventilation system last year, certain damage was done to the interior walls, IE., scrapes, dings, etc. The A/C contractor gave the city credit for this damage. RECOMMENDED ACTION Move to award the interior painting of the Police Department bid to, VIP Painting, Coral Springs, FL in the amount of $7,800, and authorize staff to enter into an agreement and proceed with said project. 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: ADDITIONAL COPS OFFICER POSITION Agenda No. Depai;,,.nt Origin : Police for Subm~tal-~ '~/~ For Age.da of Exhibits: GRANT AWARD ADVISORY NOTICE : 6/1/99 Expenditure Requin~d; Amoum Budgm~d: Approl:wlatk~ Required: $28,321 N/A. N/A (City's Share Over 3 Years) SUMMARY STATEMENT The U.S. Department of Justice, COPS Office, has advised in the attached letter that we have again been awarded an additional COPS officer position for 1999. This three (3) year grant became effective on 4/1/99, and is available immediately. This will provide an additional officer position for which the grant pays $75,000 over the 3 year period. Equipment cost for an additional officer, including all uniforms, weapons, radio and other issued equipment is $4,634. Funds are available in the current budget to cover the City's first year costs. With our City's continuing rapid growth, we would need to hire an additional officer to maintain our current staffing ratio of officers to population. Participating in this grant project will allow us to add the needed officer position at about 25% of the total salary and benefits cost for the first 3 years. RECOMMENDED ACTION Authorize the City Manager and Police Chief to accept the new 1999 COPS grant for one (1) additional police officer. U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director l~ashington. D.C. 20550 May 5, 1999 Chief Dennis White Sebastian Police Department 1201 Main Street Sebastian, FL 32958 RE: Gram for. Sebastian Police Department Dear Chief White: It is with great pleasure that I write to inform you that your Department will receive a COPS Universal Hiring Program grant award for 1 new, additional full-time officer(s) and 0 part-time officer(s) at an estimated cost of $75,000.00. This is an estimated amount of federal funds to be awarded to your jurisdiction for a three-year. period. The grant award start date is April 1, 1999, which means that you can be reimbursed for salaries and expenses of additional officer(s) hired after this date. If you have not previously received a COPS Universal Hiring award, your Universal Hiring Program budget information currently is being reviewed. Upon budget approval, we wilI forward to you your Universal Hiring Program Award, budget clearance memorandum and Grant Owner's Manual. The memorandum will provide the actual award amount and will identify any disallowed costs such as uniforms or overtime. Some departments also will receive COPS assistance in developing community-policing strategies. If this condition applies, a special notice pertaining to technical assistance will be enclosed. You must sign and return it to the COPS Office along with your grant award. To accept your ~ant, please sign the award document and special condition, if applicable, and return it to the COPS Office within 90.days. I I I I i I I i I I i I I I i I I I I FL03102 Sebastian Police Department May 5, 1999 Page 2 If you have previously received a COPS FAST, AHEAD, or Universal Hiring Program, this grant award will supplement your previous award. Upon budget approval for the additional officers, you will receive a supplemental grant award which will provide your actual award amount for this announcement. To accept your grant, please sign the award document and return it to the COPS Office within 90 days. Failure to submit the signed award dOCUment in this 90 day period could result in COPS withdrawing you from the grant program and de-obligating your agency from the grant program. If you requested a waiver of the 25% local match, such requests are currently under review. You will be notified whether a waiver has been granted at the time your Universal Hiring Program Award and budget clearance memorandum is sent to you. We are pleased that your Department has elected to participate in the Universal Hiring Program and look forward to working with you in a productive partnership to further your community policing efforts. Should you have any questions, please do not hesitate to contact the COPS Office at 1-800-421-6770. Your grant advisor will be happy to provide you with assistance. Brann {.,/Director City of Sebastian, Florida Subject: ~opt-A-street Prom-om Agenda No. Approved for Submittal by: City Manager Department Origin: City Manager Exhibits: 'l EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A Date Submitted: June 3, 1999 For Agenda of: June 9, 1999 IAPPROPRIATION REQUIRED: SUMMARY It was the consensus of the Sebastian City Council at the last Regular City Council Meeting of May 26, 1999 to place on the agenda, Keep Indian River Beautiful Parmership with the City to establish Adopt-A-Street Program. RECOMMENDED ACTION Discuss Adopt-A-Street Program and take appropriate action. MEMORANDUM DATE: TO: FROM: June 8, 1999 Mayor & City Council Members, City Manager, City Attorney Sally A. Maio ~ Deputy City Clerk Sebastian River Area Chamber of Commerce/Sebastian Area Historical Society Lease for City Building at 700 Main Street It was brought to our attention today that the above referenced lease in your agenda packets was an unsigned version and was copied to you in error. Attached please find a copy of the executed lease agreement approved by City Council on January 22, 1997. It contains some minor differences from that which was copied to you in your packets. We apologize for any confusion this may have caused. KOH/sam LEASE This Lease is entered into this~n~day o~/~, 1997, between the City of Sebastian, 1225 Main Street, Sebastian, Florida, 32958 a municipality established under the laws of the State of Florida ("Lessor" or "City"), and the Sebastian River Area Historical Society, Inc. ("Historical Society"), P.O. Box 781348, Sebastian, Florida 32958, a Florida not for profit corporation and the Sebastian River Area Chamber of Commerce ("Chamber of Commerce"), a Florida not for profit corporation, 1302 U.S. #1, Sebastian, Florida (jointly, "Lessee"). W~EREAS, the City is the owner of certain property and improvements located at 700 Main Street, Sebastian, Florida ("Premises"); and WHEREAS, the City desires to Lease the Premises to Lessee, to occupy and use as a City Historical Museum and Visitor Information Center, consistent with the goals and programs of the Historical Society and the Chamber of Commerce, upon the conditions expressed below; and NOW THEREFORe, in consideration of the covenants of the parties and of the conditions and agreements herein contained, the parties agree as follows: 1. The City hereby leases to Lessee, the premises commonly known as the City Utility Building, located at 700 Main Street, Sebastian, Florida ("Leased Premises"), to have and to hold the Leased Premises for a term of ten (10) years, commencing on the Date of Occupancy, which is defined as the date which the Lessor receives a Certificate of Occupancy for the Leased Premises, as provided in Paragraph 2 of this Lease. Lessee shall have the option to renew the Lease for an additional ten (10) year term by providing Lessor with written notice of Lessee's decision to exercise its option not less than one hundred eighty (180) days prior to the expiration of the initial term of this Lease. The Historical Society and the Chamber of Commerce shall each occupy approximately one half of the space within the Leased Premises. 2. The parties agree that certain improvements~ ("Improvements") must be made to the City Utility Building (a lis~ of the planned Improvements is attached hereto and incorporated herein by this reference as Exhibit "A"). Lessee shall, at its sole cost and expense, construct the Improvements, as specified in Exhibit "A", to the satisfaction of the City. Lessee agrees to complete construction of the Improvements within six (6) months following the Date of Occupancy. The Date of Occupancy is defined as the date which the Lessor receives a certificate of occupancy for the Leased Premises. The cost of construction of the Improvements has been estimated to be approximately Eight Thousand Six Hundred Dollars ($8,600.00). Lessee agrees to pay to Lessor as rent for the Leased Premises the sum of One Dollar ($1.00) per year for the Lease term. 3. Lessee agrees that, at least five (5) days before any 2 construction work, labor or materials are used or expended by Lessee or on Lessee's behalf by any person, firm or corporation or by an contractor, that Lessee will post and record, or cause to be posted and recorded, as provided by law, a notice of nonresponsibility on behalf of Lessor, giving notice that the Lessor is not responsible for any work, labor or materials used or expended or to be used or expended on the Leased Premises. 4. It is agreed that the Leased Premises are to be used by Lessee exclusively for the administrative offices of the Historical and the Chamber of Commerce and, for a museum and visitor' information center, and for no other purpose, without the prior written consent of Lessor. 5. It is agreed that Lessee shall maintain the land and building in first-class condition, and shall at its own cost and expense, make all repairs to the Leased Premises; and upon termination of this Lease will yield the Leased Premises to Lessor in good condition and repair. 6. In addition to the Improvements discussed in Paragraph 2, Lessee shall have the right, at its sole cost and expense during the term of the Lease, to alter the existing building and to make additional improvements thereto. All improvements placed in, upon, or attached to the Leased Premises shall remain the property of the City. 7. Lessee shall not assign this Lease, or any interest in this Lease, or sublet any portion of the Leased Premises, without the prior of and upon such terms and conditions as may be prescribed by the City Manager. Should either the Historical Society or the Chamber of Commerce vacate the Leased Premises, the remainder of the two shall have the option to occupy the entire Leased Premises, subject to the approval of the Lessor. 8. Lessee shall defend, indemnify and save harmless the Lessor, its agents and employees, against any liability or claim whether for injury to persons, including death, or damage to property (i) occurring on or arising out of the use of the Leased' Premises during the term of this agreement except if caused by an wilful or negligent act or omission to act by Lessor, its agents, employees, licensees or contractors; (ii) arising out of any default by Lessee, or (iii) arising out of any wilful or negligent act or omission to act by Lessee, its agents or employees at any time or occurring in or on the Leased Premises prior to the beginning of the term. Lessee's obligations under the preceding sentence shall be limited to liability or claim resulting solely from the wilful or negligent act of Lessee, its agents and employees, or from Lessee's failure to perform its covenants under this lease. The indemnification shall not exceed the maximum limitation in the Lessee's contractual liability insurance coverage which shall not be less than: (1) bodily injury - $ $1,000,000 (2) property damage - $1,000,000, and which shall name the City as an 4 additional insured. Lessee shall provide Lessor with a Certificate of Insurance evidencing this coverage prior to the Date of Occupancy. 9. Either party shall be in default of any covenant of this Lease only if the party has received written notice of such alleged default from the other party, and, if within 30 days after receipt of such notice, the party has not diligently commenced to comply with such covenant. 10. Any notices that are required here, or which either Lessor Lessee may desire to serve upon the other, shall be in writing and- shall be deemed served when delivered personally, or when deposited in the United States mail, postage - prepaid, return receipt requested, addressed to Lessee at (Sebastian River Historical, Inc, P.O. Box 781348, Sebastian, Florida, 32958 and Sebastian River Area Chamber of Commerce, 1302 U.S. Highway #1, Sebastian, Florida 32958) and to Lessor at 1225 Main Street, attention City Manager. 11. Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants, or conditions contained here, shall not be deemed a continuing waiver of that default or any subsequent default. 13. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the Leased Premises and its use. 14. The Historical Society and the Chamber of Commerce shall be jointly and severally responsible for the performance of the covenants under this Lease; provided, however, that due to certain financial limitations, the Chamber of Commerce shall be responsible for the construction of the Improvements. 15. The Historical Society agrees to release its interests and that of its assigns to property legally described as Lot 9, Block 406 and Tract B, of Sebastian Highlands Unit 7, according to the plat thereof, as recorded in Plat Book 6, Page 6 of the Public Records of Indian River County, Florida, as provided in that certain warranty deed from General Development Corporation to the- City of Sebastian, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "B". SEBASTIAN RIVER AR~A HISTORICAL SOCIETY, INC. CITY OF SEBASTIAN A Municipal Corporation Existing under the laws of State of Florida Thomas W City Manager SEBASTIAN RIVER AREA CHAMBER OF COMMERCE resident / O'ha!lo~an CMC/AAE ATTEST: Approved as to Form and Content: r '-'~--'-". ( ~--.,~ ,-.., ¢"> %--- ~'--- ,' "%'-.- %____...x.._y..~~'...._S,,....:~ ..... - -- -'"-"-.~,:....~.__~..,: Valerie F. Settles, City Attorney~~. EXHIBIT "A" Repair Roof Estimated Cost Remove and replace shingles Repair and replace existing soffit and fascia with aluminum as per City of Sebastian drawing #24-97-DSTO05 attached hereto. 5;6,800 2. Paint Building Exterior Use Benjamin Moore Products or equivalent Prep building for painting (pressure clean) Seal exterior with Alkyd Masonry Sealer #077-00 Paint (2"" coat) Elastomeric Waterproof Coating #055 5;1,400 3. Remove 2 Existing Window Air Conditioners Remove the two existing window air conditioners located at the rear of the property and enclose the openings. 400 Total Estimated Value ..$3,6.00 7 City of Sebastian AGENDA SUBMITTAL Agenda No. ¢2~-,/~-~ ~ Subject: Chamber of Commerce buildings Approved/fjOrdS u]?mittal/bflz ~City~Vlanager Exhibit~ d~ee~ &~t with Chamber; 1/22/97 lease & agenda transmittal Department Origin: City Attomeyr~ Date Submitted: 6/2/99 For Agenda of: 6/09/99 Expenditure Required: n/a Amount Budgeted: n/a Appropriation Required: n/a SUMMARY STATEMENT Per Council direction, the issue of the 1978 deed of City property to the Chamber of Commerce is placed on the agenda for discussion and possible action/direction to staff. RECOMMENDED ACTION · Discuss and consider action/direction to staff. I I I i I I I I I I i i i I I I I i i 21'7723 Februar~ CI~ 0F SEBASYI~ a municipal corporation SE~ASTI~ ~I~ A~A CHEER OF COERCE, INC., a non-profit Elori~a corporation ~A~ ,~H~ ~ ~ P. O. ~ox 385 Sebastian, Fla. 329~8 County. FtMi~a. Beginning at a point being the most westerly po~nt of ~t 1, Block 1. in Rard~e's Subdivision No. B, Plat Book 4, page 74, Public records of St. Lucia County {now Indian River Co~y)', Florida, as shown on a ~urve~ by R. 'F. Lloyd, Registered E~gLneer, dated 27 Februa=y, 1976, sa~d point also be~g on' the East line of U. S. ~1, 100 feet rlght-of-way. ~hence, on an interior apgle of 900 pe~endiaular to the chord of ~. S. ~1 East right-of-way r~ easterly· 35.~0 feet; ~ence, on an interior angle of 90° and parallel to the ahord of U. S. ~1 East right-of-w~Y southerly 50.00 feet; ~ence, on an i~terior apgle of 90° r~ Westerly 35.00 feet to the East right-of-way o~ ~. S. ~1; Thenc~ r~ 50.00 fee~ hOrSefly on ~he 'said r~9~t-of-way to the point of bgglnni0g. IN THE ~T of dlssolution of SEBASTI~ ~VER A~A CHEER OF COM- ~RCE, IGC., .gr~teg,' or if said. gr~teg 'othe~se oeases to exist, or if saL~ p~oper~ and ~g=ovGmants ~h~'re6n are no longer used for ~r of Co~erce ~u~osa~, or ~nac~ivity ~o~ a peri6d of six months, then sa~d real progerty and ~mgrovements ~hereon ahall re~rt.to T~ CI~. OF S~BASTI~ , a m~icipal corporag~on, grantor. "'~ ...... " I HEAE3Y CERTIFY ~at oa th[. day. ~tora me, an ~ d~y aut~ ;n the State d~sa;d and ~ the ~aty af~;d, to ~ ack~l~dgmcnts, ~r~nall~ ap~ar~d PAT F~OD, JR., and FLOUNCE L. PHEW, Mayor and City Clerk, respectively, of the CI~ OF SEBASTI~ a m~icipal corpora~n, ~;o,~ ~ ~, ~hey ~lcd m~ s~ duly authorized so to do. Wl~ my hand and olfidsJ ~d in the ~unty a.d Slate ~st af~d 'th~'lfo~t~ day of · / Seabe/of~lorida' at. Large . My Co~6n ~xpires: ]~p~ '~Tm/~mm,,~,f~,~;~: L. B. VOCEL~, A~O~Y~'~W,' "'. A,M-~ 1140 10th Avenue, P. O. Box 488, Vet6 B'~ach~' Florida AGREEMENT THIS AGREEMENT, Made and entered into by and between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, hereinafter referred to as "City,". party of the first part, and SEBASTIAN RIVER A~EA CHAMBER OF COMMERCE, a non-profit Florida corporation, hereinafter referred to as "Chamber," party of the second part; WITNESSETH : W~REAS, the City owns certain centrally located real property which lies across the street from the Sebastian City Hall, municipal park,and municipal dock and boat launching area, and is more 'particularly described below, and WHEREAS, .the Chamber desires to purchase said real property and to erect a build/~g thereon for Chamber of Commerce purposes and public purposes as hereinafter stated, .and WHEREAS, it is considered in the best interest of the public that said property be 'utilized for said Chamber of Commerce and public purposes; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, .IT IS AGREED by and between the parties as follows: 1. The City ~grees to transfer to ~e Chamber the follow- ing described real property located in the City of Sebastian, County of Indian River, State of Florida, .to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, .in Ba~dee's Subd/vision, No. B, Plat Book 4, page 74, Public Records of St. Lucie County (now Indian River County), Florida, as shown on a survey b~ R. F. Lloyd, Registered Engineer, dated 27 February 1976, said point also being on the East line of U. S. ~1, 100 feet right-of-way. Thence,'on an interior' angle of 90© perpendicular to the chord of U. S. ~1, .East right-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the chord of U. S. ~1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90° run westerly 35.00 feet to the East right-of-way of U. S. #1; Thence, run 50.00 feet northerly on the said right- of-way to the point of b~ginning. I I i I I I I I I i I I I i I I i I i For and in consideration of said transfer of real property, the Chamber agrees: (a) To pay the sum of $25.00 and in'kind services to .... ... ,.(b,) , To ass?~., payment of all taxes, real and per'sonal, of every kind, and to hold the City harmless therefrom. (c) To erect a Chamber of Commerce building on said ''~' '.q'V~ ?~". -'-' '. real property within one (1} year from the' date hereof;, and to submit drawings and specifications of said building to be con- · ~structed to the City Council for approval wi th~h'?s'i~ty"(60} days from the date hereofJ ~'' :/.,. ..~'" ~.~.,'~. ' ;~' .'.:~-,'".",":,{.d.)'" To,~rovide'public restroom facilities as part of the building structure to be open for use by the public at such hours as the City Council may determine; The Chamber to provide :adequate fi re and extended i nsu/gn~e'*c'overage',', including ,publ " ....... · ~,.~-:~r'r~'; ) r-, '~"(.:~:t ".","-1.'. liability insurance, at $100,000 per. each occurrence or accident not to exceed $300,000 i f more than' one person ,~ nvol· ved~ ,..J and~,to,, furnish proof thereof to the City. i (e) To.maintain the building in clean condition and goo. di[..rep~i~.~ The-Chamber will be responsible for the maintenance and repair of water and sewer lines and septic tank, and all basic structures. The City will be responsible only for cleaning of tie restrooms. The City will be responsible only for the first $100.00 for any .. vandalism or damage at the public restrooms; any other expenses to be the expenses of .the Chamber. 3. In the event of the dissolution ~t~&,nCh~mber Or if it otherwise ceases to exist in it~ capacit~:,'br'i'f':.the building is no longer used for Chamber of Commerce purposes Or inactivity for a period of six (6) months, then said real.lp~operty; and all improvements located thereon, shall revert.{o~the'~ity__ 4. There shall be no encumbrances on building or land by the Chamber of Commerce without written approval of the City Council. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their names and their corporate seals to be hereunto affixed, by their proper officers thereunto duly authorized, this '.14eh day of F~, 1978. CITY OF SEBASTIAN, FLORIDA a muhicipal corporation Attest: SEBASTIAN RIVER AREA CHAMBER OF COMmeRCE, ,a non-profit Florida corp. FILED FOR REGOR~ BOOK AND PAGE ABOVE .ECORD FREDA ~/RiGt-il' CLERK Ot= CJRC~JIT COURT II',IDIANI RIVER CO. - 3 - City of Sebastian, Florida Subject: Lease of former Utility Building located at the corner of Main St. and U.S 1 beV, veen the City., the Historical Socie~ and the Chamber of Commerce. Agenda No. 97.062 Department Origin: City Manager Date Submitted: January 20, 1997 For Agenda of January 22, 1997 Approved for Submittal by:. City Manager Exh/bits: 1. Proposed Lease 2. Warranty Deed to the City from General Development Corporation 3. Plat map of Unit 7, Sebastian I-Ii~lancts EXPENDFrURE REQUIRED: AMOUNT BUDGe: I APPROPRiATiON ..None $7,910 REQUIRED: None SUMMARY STATEMENT This proposed lease has be~n prepazed basext on dir~on that the City Man.er had received form the Council regarding the use of the former utility building by the Sebastian Area I-Ii~orical Society and the Sebastian River ,aa-ca Chamber of commerce. The terrra of this agreement would have both the Historical Society and the Chamber of Commerce as the l_~s~es for a t~a'iod of 10 y~ars with an option ofr, newal. In er~-nce the ~ would be r~po~ble totally for the eath-e cost of repair and mainlenance of the bm'lding for the entire team of the lease. This would include ~,-mofing and painling the building. The ies.~es would assume all maintenanc~ of the building indnding all m~.hanical t~-pair. While there is ao income other than a nominal dollar per year, there is a cost avoidan~ eondderafion worth approximately $9,710 the first ~. Reduc.~d avoidance costs would also occur every subsequent year for the term of the leas~ resulting in no further budgeting for the operation of the utility building. The other value rec~ved to the City is that of a "City" mttseum withont additional mst to the City and the operation ora visitor's information center. The Historical Society has agre~ to release their imerests in the property deeded to the City by. General Development Corporation in a de~d dated A~ust 15, 19it. In mary., this lease provides for the building to be jointly leased by the Historical Society. and the Chamber of Commerce without cost to the Ci~. The lexsees have agr~ ced to undertake the necessary im~ovemems and assume responsibilky for the day to day maintenance. The public r~.eives servic~ in the form ora local historical museum and a v/sitor's information c.,ater. RECOM~MENDED ACTION If the Ci.ry Council is satisfied w/th the terms and conditions of the proposed lease,, a motion should be made to approved the lease. LEASE This Lease is entered into this day of , 1997, between the City of Sebastian, 1225 Main Street, Sebastian, Florida, a municipality established under the laws of the State of Florida ("Lessor" or "City"), and the Sebastian D-rea Historical Society, inc., and the Sebastian River Area Chamber of Commerce, 1302 U.S. ~1, Sebastian, Florida, ("Lessees"). WHEREAS, the City is the owner of certain property and improvements located at 1700 Main Street, Sebastian, Florida' ("Premises"); and WltERF2~, the City desires to Lease the Premises to Lessees, to occupy and use as a City of Sebastian Historical Museum and Visitor Information Center, consistent with the goals and programs of the Sebastian Area Historical Society and the Sebastian River Area Chamber of Commerce, upon the conditions expressed below;' and NOW T~REFOR~, in consideration of the covenants of the parties and of the conditions and agreements herein contained, the parties agree as follows: 1. The City hereby leases to Lessees, the premises commonly known as the City Utility Building, located at 1700 Main Street, Sebastian, Florida ("Leased Premises"), to have and to hold the Leased Premises for a term of ten (!0) years, c~n~encing on the Da~ of Occupancy, as defined below. The Lessees skal! have the option to renew the Lease for an additional ten (!0) year term by providing the Lessor with written notice of the lessees' decision~ to exercise its option not less than less than one hundred eighty (180) days prior to expiration of the initial term of this Lease. The Sebastian Area' Historical Society and the Sebastian River A_rea Chamber of Commerce shall each occupy one half of the Leased Premises. 2. The parties agree that certain improvements must be made to the City Utility BUilding (a list of the planned improvements is attached hereto and incorporated herein by this reference as Exhibit "A"), within six (6) months following the issuance of a certificate of occupancy, whic~h must be obtained to enable Lessees to lawfully occupy the Leased Premises ("Improvements"). The Date of Occupancy is defined aS the date which the Lessor receives a certificate of occupancy for the Leased Premises. The cost of construction of the Improvements has been determined to be approximately Eighty Six Hundred Dollars ($8,600.00) more or less. Lessees agree to pay to Lessor as rent for the Leased Premises' the sum of Ten Dollars ($10.00), for the full term, which amount shall be paid on the Date of Occupancy, and Lessees shall, at no cost and expense to the Lessor, construct the Improvements listed in Exhibit "A" and, Lessees shall, at no cost and expense to the Lessor, assume all respons~-bi!ity for the maintenance repair of the "Premises" for the term of this lease. 3. Lessees agree that, when it elects to construct the Improvements, at least five (5) days before any construction work, 2 I I I I I I I I I I I I I I i I I labor or materials are done, used or expended by Lessee or on Lessees' behalf by any person, firm or corporation or by an contractor, posted and nonresponsibility on behalf o~ Lessor, that Lessees will post and record, or cause to be recorded, as provided by law, a notice of giving notice that the Lessor is not responsible for any work, labor or materials used or expended or to be used or expended on the Leased Premises. 4. It is agreed that the Leased Premises are to be used by Lessee exclusively for museu~ and visitor information center, and for no other purposes without the prior written consent of Lessor.~. Should either the historical society or the chamber of commerce need to vacate its area, the'remaining tenant shall have option to occupy the vacated space subject to approval of the Lessor. 5. It is agreed that Lessees shall maintain the building in first-class condition, and shall at its own cost and expense, make all repairs to the Leased Pr~nises; and upon termination of '~his Lease will yield the Leased Premises to Lessor in good condition and repair. The lessees shall pay all utility bills incurred in the occupancy of the building by the lessees. 6. In addition of the Improvements discussed in Paragraph 2, Lessee shall have the right, at its sole cost and expense durinq the term of the Lease, to alter the existing building and to make additional imp rove_~, en t s tkereto. .~v _ prc~csed ~ structural improvements to the building must be approved in writing by the Lessor prior to the commencement of such improvements. Lessees shall comply with all Federal, State and Local laws applicable for the use of the L'eased Premises. Ail improvements placed in, upon, or attached to the Leased Pr~mises shall remain the property of the City. I I I 7. Lessees shall not assign this Lease, or any interest .in this Lease, or sublet. any portion of the Leased Premises without the prior approval of the Lessor. I I 8. Lessees shall defend, indemnify and save harmless the Lessor, its agents and employees, against any liability or claim whether for injury to persons, including death, or damage to i I property (i) occurring on or arising out of the use of the Leased Premises during the term of this agreement except if caused by an wilful or negligent act or omission to act by Lessor, its agents, employees, licensees or contractors; (ii) arising out of any default by Lessee, or (iii) arising out of any wilful or negligent act or omission to act by Lessee, its agents or employees at any time or occurring in or on the Leased Premises prior to the beginning of the term. Lessees' obligations under the preceding I I I I I sentence shall be limited to liability or claim resulting solely from the wilful or negligent act of Lessees, its agents and employees, or from Lessees' failure to perform its covenants under I i this lease. The indemnification shall not exceed the maximum limitation in the Lessees' contractual liability insurance coverage I I I which shall not be less than: (1) bodily injury (2) property damage - $1,000,000. - $1,000,000; and 9. Either party shall be in default of any covenant of this agreement only if the party has received written notice of such alleged default from the other party, and if within 30 days after receipt of such notice the party has not diligently connnenced.to comply with such covenant. I I 10. ~a~y notices that are. requirmd here, or which either Lessor Lessees may desire to serve upon the other, shall be in writinq and shall be deemed served when delivered personally, or when deposited I I I I I I I in the United States mail, postage - prepaid, return receipt requested, addressed to Lessees (Sebastian River Historical Society, P.O. Box 781348, Sebastian, Florida, 32978 and Sebastian River h. rea Chamber of Commerce at 1302 U.S. Highway #!, Sebastian, Florida, 32958) or address to Lessor at 1225 Main Street, attention City Manager. 1!. Waiver by Lessor of any default in performance by Lessees of a~y of the terz~, covenants, or conditions contained here, shall not be de~__med a continuing waiver of that default or any subsequent default. 12. Lessee agrees to com~ly with all laws, ordinances, rules I ! and re~u!ations that may .~er%ain or apply to the Leased Premises and it~ use. 13. During the initial t-=.-~- of this Lease, it is ttnderstood by I I all parties that while the terms of this Lease is applicable to the Lessees jointly, certain additional considerations are understood. The Sebastian Area Historical Society at this time is limited financially, and that the Sebastian River Area Chamber of Commerce shall undertake the improvements listed in Exhibit "A" attached to this Lease. The Sebastian Area Historical Society, Inc., agrees to release its interests and that of its assigns to Lot 9, Block 406 and Tract B, of Sebastian Highlands Unit 7, according to the plat thereof, as recorded in Plat Book 6, Page 6 of the Public Records of Indian River county, Florida, as granted to it in a warranty deed recorded in Official Record Book 0747, Page 1964 of the Public Records of Indian River County, Florida. SEBASTIAN,AREA HISTORICAL SOCIETY, INCORPORATED Byi President SEBASTIAN RIVER AREA CHAMBER OF COMMERCE CITY OF SEBASTIAN A Municipal Corporation Existing under the laws of State of Florida Thomas W. Frame City Manager By: ~r~sident A~proved as to Form and Content: Va!erie F. Settles, City A5torney ATTEST: Kathryn M. O'Halloran CM..C/~AE I I i I I I I i I I I I I I I I I