HomeMy WebLinkAbout05271998 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
DRAFT
SEBASTIAN CiTY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MAY 27, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain Frank Camille.
ROLL CALI~
CiW Council Pr?~ent:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Public Works Director, Pat Br,,man
City Engineer, Martha Campbell
Chief of Police, Randy White
City Planner, Tracy Hass
Finance Director, Janet Isman
Deputy City Clerk, Sally Maio
Regular City Council Meeting
May 27, 1998
Page Two
DRAFT
98.112
98.090
98.113A
98.109
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
None.
PROCI~fi3~&TIONS, ANNOUNCI~MEINI.~ AND/OR PRI~$ENTATION$
Presentation of C~ift~tes of Completion to Vic~ Mayor Wininged' and Counqilmember Neub~rger
for Floriql0 Institute of Government Institul~ for Elected Offici~l~
Mayor Sullivan presented certificates of completion to Vice Mayor Wininger and Councilmember
Neuberger.
B. Pr¢,qentation of Plaque to Employee of the Oaartcr - 1st Quarter 1998
Mayor Sullivan presented a plaque to Employee of the Quarter Joe Byers.
C. Presentation of Plaque to MicbaeLOlivcr - Code Enfc~rcegr~¢nt Board
Michael Oliver could not be present.
ITISMS CARRIED OVER FRQM..~/I 1/98 REGULAR MEF~TING
Review and Directio~l C911.~erning ProIlosal for Indi~ lgiver County ShefiWs Offic~ t9 Provide
Di~atching Services for City of Sebasti~ - Pos~oned from 5/13/98 (City Manager Transmittal
5/6/98, Cil~Manager Memo 5/6/98, Chief Memo 5)/19/98, Chief's_Report Pre¥iously Distributed)
The City Manager said there was an additional memo in the backup from Chief White dated May 19,
1998; and noted attendance by officials from Indian River County SherifFs Department, Indian
River County Emergency Management, Indian River Shores, and Fellsmere.
Mayor Sullivan called for public input and the following individuals spoke:
John Neve, Break'water Terrace, Sebastian, objected to the proposal
Richard Taracka, Coverbrook Lane, Sebastian, supported the proposal.
Ernest Gerber, CWA Union Representative, objected to the proposal.
Cindy Dierkes, Bailey Drive, Sebastian, objected to the proposal.
Walter Barnes, 402 Azine Terrace, Sebastian, supported the proposal.
Steve DiTrapano, ???, Sebastian, CWA Union Vice President, objected to the proposal.
Louise Kautenberg, 973 Oswego Avenue, Sebastian, expressed concern about the proposal.
Rick Hershberger, CWA President, suggested Council look at the proposal indepth before it
acts.
2
Regular City Council Meeting
May 27, 1998
Page Three
DRAFT
Steve Marcinek, Sebastian Police Officer and Police Union Rep, objected to the proposal.
Elizabeth Griffin, Phelps Street, Sebastian, objected to the proposal.
Peter Socci, 126 Midvale Terrace, Sebastian, objected to the proposal.
Julio Carosi, 589 Michael Street, Sebastian, objected to the proposal.
Gloria Brown, City dispatcher, objected to the proposal.
Gary Wheeler, Indian River County Sheriff, said although he had no stake either way, he was willing
to assist the City if it decided to move dispa..teh to Indian River County; and quashed the rumor that
there was any intention to move the Police Department to the county.
Chief Cox, Public Safety Director for Indian River Shores, said the Sheriff's office provides a high
level of service to Indian River Shores.
Chief Larry Tippins, Fellsmere, said he was also very pleased with the service the Sheriff's office
provides.
TAPE I - SIDE II (7:47 p.m.)
Doug Wright, Director of Indian River County Emergency Management, addressed City Council on
the 9-1-1 systems, funding thereof, and uses of the funding. Nate McCollum, Indian River County
Emergency Management, distributed documentation relative to the 9-1-1 system (see attached).
Mr. Wright explained the proposed CAD system which is expected to be working bY July. Mr.
Wright said the County dispatch center is receiving approximately 4800 calls per month.
A lengthy discussion followed.
TAPE II - SIDE I (8:35 p.m.)
Following this lengthy City Council discussion on the pros and cons of the dispatch proposal, motion
was made.
MOTION by Cartwright/Paul
I move that we keep the dispatch center as it ;s in Sebastian and keep the 911 emergency
dispatch with the County as it is right now.
Vice Mayor Wininger suggested Council should consider additional staffing of the police station on
nights and weekends, and it was noted this is a budget matter.
Chief White said upgrades will be required to bring the center up to standard and in line with coming
changes. Mayor Sullivan commended Chief White on his report and for bringing this matter to City
Council.
Regular City Council Meeting
May 27, 1998
Page Four
DRAFT
98.110 B.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - nay
MOTION CARRIED 4-1 (Wininger - nay)
Mrs. Cartwright and Mayor Sullivan thanked the officials who attended the meeting.'
Mayor Sullivan called recess at 9:05 p.m. and reconvened the meeting at 9:22 p.m. All members
were present.
First Reading of Ordinance No. O-98-05 - Board Procedures Amendment - Set Second Re{tdjng.
public Heating and Final Adol~tion for June 10. 1998 (City_Attorney Transmitt~ll 517/98, 0-98-05)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAlq RIVER COLrNTY, FLORIDA, AMENDINO SECTION 2-167
AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATINO TO APPOINTMENT TO CITY
BOARDS, COMMISSIONS AND COIvlMITTEES; PROVIDINO THAT QUALWICATION AS A CANDIDATE FOR
POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETINO COMMITTEES FROM TERM
LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
The City Attomey read Ordinance No. O-98-05 by title only, and explained the amendments.
Mrs. Cartwfight suggesting that "immediate" be added before "resignation" in 2-167 and adding "or
committee" before "simultaneously" in 2-167. The City Attorney said changing the. substance of the
ordinance would require another first reading on the ordinance, and suggested adding "or permanent
committee".
Vice Mayor Wininger recommended deleting "where a vacancy occurs" in 2-171 and that the
definitions for board and committee in 2.166 be more clearly defined by adding "permanent" and
"temporary" at the beginning.
TAPE II - SIDE II (9:40 p.m.)
City Council concurred with all recommended changes.
It was the consensus of Council for the Attorney to redraft the ordinance and bring it back for
another first reading.
4
Regular City Council Meeting
May 27, 1998
Page Five
DRAFT
98.111 C.
Formjl ,Approval for Cub ScouCs Use of Rivcryiew Park for Crossover Ceremony on M_ay ~_l. !,998
(Fromang Letter)
MOTION by Sullivan/Paul
I would move approval of the Cub Scout's use of Riverview Park for the crossover
ceremony.
VOICE VOTE on the motion carried 5-0.
Mr. Paul suggested trying to get through th6 rest of the agenda before Council Matters and Council
concurred.
CITY COUNCIL MATTERS
B.
C.
D.
E.
Mr. Chuck Neuberger
Mr. Larry Paul
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
8. CITY ATTORNEY MATTERS
The City Attorney stated that Code Enforcement had released the lien for Herbert Sturm and submitted a
memo (see attached). The City Manager said the lien was over $210,000.
The City Attorney distributed a draft letter to the Chamber of Commerce regarding use of the old Chamber
building and suggested it be discussed at a future meeting.
The City Attorney encouraged attendance at a sunshine law conference in St. Lucie West.
9. ~ITY MANAGER MATTERS
The City Manager extended his gratitude to Public Works Director, Pat Brennan, who is leaving the City
tomorrow; reported that trees on George Street are being cut down; reported no parking signs have been
installed on Indian River Drive; discussed the Dempsey/Vocelle drainage matter, the Barber pav~q schedule,
the Filbert Street site; and received Council concurrence to request the site back, and possibly approach it as
a community effort.
Regular City Council M~eting
May 27, 1998
Page Six
DRAFT
98.114
98.113B
98.115
98.025
98.116
10.
CONSI~J~I' AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There w~ll be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 5/11/98 Special Meeting
Prior Approval for Reimbursement of Exp~nses for Councilmembers Cartwright and Neuberger to
Attend Advanced institute for Elected Municipal Officials - Orlando - 6/12/98 and 6/13/98 (City
Clerk Transmittal 5/18/98, Conference Information)
Co
Accept Resignation of Michael Oliver from Code Enforcement Board (City Clerk Transmittal
5/i 8/98, Oliver Letter)
Approve Waiver of Procurement Procedure and Purchase "Pro Patch" Pothole Patcher Body from
H.D. industries, Inc. of Jacksonville, TX - $47,160 Installed and Delivered - Three Days Training
and One Year Warranty (Public Works Director Transmittal 5/11/98, Quote, Pictures, Budget
Transfer)
Approve Change Order to C.R. McLellan Annual Culvert Replacement Contract- Main Street
Manhole Installation - $7,500 (Public Works Director Transmittal 5/20/98)
Request for Temporary Position of Engineering intern in Public Works Department through
September 1998 (Public Works Director Transmittal 5/21/98)
The City Manager read the consent agenda.
Mrs. Cartwright and Vice Mayor Wininger removed items D and F; Mayor Sullivan removed item A.
MOTION by Paul/Cartwright
I'd like to move that items B, C, and E of the consent agenda be approved.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
6
Regular CityCouncilMeeting
May27,1998
Page Seven
98.115 D.
Approval ofMipo[~s - 5/11/98 Spegial Meeting
Mayor Sullivan requested addition of the following:
Page 4 - last paragraph - third sentence. Change to "Mayor Sullivan also objected to funding and
location at the police station."
Page 5 - change the fu'st sentence to "May~r Sullivan questioned the $90,250 budgeted for a new
Public Works Compound office building and it was removed."
MOTION by Sullivan/Neuberger
I would move approval of the minutes of 5/11/98.
VOICE VOTE on the motion carried 5-0.
~ppr.o¥~ Waiver of Proc~ment Procedure iul~l purchase "Pro Patch" Pothole Patchcr Body fi.om
H.D. Industri~.],~c. of Jacksor~_v[lle, TX - $47,160 Installed and_ Delivered - Three D~s Training
aBd Qne Year Warrant~
Mrs. Cartwright said the motion must include the transfer, however, the City Manager said internal
budget transfers within the same fund do not require Council approval. She then asked what was
being deleted to accommodate this purchase.
The Public Works Director and Finance Director explained the line item transfers.
Vice Mayor Wininger questioned the need for this piece of equipment in light of the paving program;
asked when "fair" roads will be paved; and why the equipment wasn't being bid. The City Manager
explained the fair road paving schedule and the Public Works Director explained the piggyback
process.
MOTION by Ca~wright/Neuberger
I move to approve item D of the consent agenda.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Regular City Council Meeting
May 27, 1998
Page Eight
DRAFT
98.116 F.
Request for Tempgrory Position of ~ltgiaeering Intern in Public Works D~partment through
Sepia;tuber 1998
Vice Mayor Wininger asked the qualifications, when the position starts, and the wage.
The City Manager said a student was being sought, through the end of September at a rate of $10 per
hour.
MOTION by Cartwright~euberger
I move to approve item F.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 5-0
11. PUBLIC HEARING - None
12.
!]~I'rRODUCTION OF NEW BUSINESS FROM THE PUBLIC
~hich is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Jane Barczyk, 609 Caravan Terrace, Sebastian, said there are no minutes for any City meetings at the public
library, and suggested this be done.
13.
14.
COMMITTE~ ]~PORTS/RECOMMENDATIONS. None
OLD ~USINESS - None
15. NEW BI, I~INE$~
98.065
Adopt Resolution No. R-98-23 - Final Plat.~gr0yal for Collier Creek Estates Phase II (C~tr~_ity
D.,eyelopment/Cil~, Engineer Transmittal 5/20/98, R-98-23,_Final Plat Und~rSeparate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING TH~ FINAL
PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES, PHASE TWO; PROVIDINO FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-98-23 by title.
Regular City Council Meeting
May 27, 1998
Page Nine
DRAFT
TAPE III - SIDE I (10:28 p.m.)
Attorney Warren Dill, representing applicant, Harold Adams, addressed Council, and requested
modification to the resolution conditions as follows (see revised resolution as submitted by Mr. Dill
attached):
MOTION by Sullivan/Neuberger
I would move to extend the meeting to l I.
VOICE VOTE on the motion carried 4-1 (?aul - nay)
Discussion took place on the proposed amendment.
The City Engineer and City Planner said they had no problem with the revised resolution.
MOTION by Sullivan/Cartwright
I would move approval of the Resolution R-98-23 as amended with the wording substituting
covering A and B as submitted by Mr. Dill.
VOICE VOTE on the motion carded 5-0.
98.117
B. Proposed Reorganization of Commtloity Development 1)epartment (City Manager Transmig0[5/21/98)
The City Manager reiterated his proposal to split the department into two separate departments,
Planning and Zoning and Building He said if Council is in concurrence, he will come back with job
descriptions.
Mrs. Cartwright said Council adopted many ordinances relative to the Community Development
Department and Director, and asked how they can be amended easily. The City Manager suggested
that all those references be changed to City Manager or his designee. The City Attorney said that
those ordinances have not been codified as yet, and suggested that each of those ordinances be
amended strictly to change just those references by one motion.
Vice Mayor Wininger said she would be unable to attend the EMS meeting, alternate Mrs.
Cartwright said she was unable to attend, therefore, the City Manager said he would attend.
The City Clerk advised Council that when the City went from a Mayor to City Manager form of
government, one ordinance was adopted to change all references in the Code of Ordinances.
The City Manager suggested no action be taken tonight and that he bring the job descriptions to the
June 10, 1998 meeting.
Regular City Council Meeting
May 27, 1998
Page Ten
DRAFT
16.
Time ran out and Mayor Sullivan adjourned the meeting at 11:00 p.m. and the following items were
not addressed. They will be carried to the June 10, 1998 regular meeting.
98.118/97.141
98.119
98.120
City Attorney Contract (Agreement, 5/28/97 Minutes)
Discussion Items
1. Budget Advisory Committee (Requested by Councilmember Neuberger)
2. Occupational License Equity (Requested by Councilmember Neuberger)
10
ACTIf)]N LIST
THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 5/27/98
REGULAR MEETING
All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup mat0'ial
put in chronological order and placed in clips within the file
CiO~ Manager, Ci(y Clerk and Cio~ Attorney get a full set of draft minutes, therefore, they do not need copies of
minutes pages for items relating to their positions
98.112
98.090
98.113A
98.109
98.110
98.111
Presentation of Certificates of Completion to Vice Mayor W~inger ired Coundlmemb_er
Neuberger for Florida Institute ~f (3ovemm~nt Institute£or Elected Officials - presented
copy to education folder in vault
Presentation of Plaque to Emplgyee of the Ouarter - _l,s[ Qllalt~r 1998 - presented to Joe
Byers
copy bio to personnel folder
Pr?~entation of Pla~e, to Michad OJj~,er - Code Enforcement Board and Accept Resignation
of Migllagl Oliver from_Cgde Enforcemen~ Board - not present
copy minutes to file, Code Enf secretary
mail to Oliver
Review arl~t Direction Concerning Proposal forlnqlian River County Sheriff'S Office to
Provide Dispatching Services for City of_S~l~astian - Postponed from 5/I 3/98 - motion to
keep dispatch in City - 911 in County
copy minutes to file, PD, Finance
file vault - POLICE DEPARTMENT
First R~ding of Ordinml~¢ No. O-98-05 - Board Procedures Amendment - Set Second
ReadingLPllb!i~ Hearing and.Final Adoption [oz June 10, 1998 - to be revised and brought
back for another first reading
obtain revised ordinance fi.om Attorney
copy minutes to file
file pending credenza - Ist regular meeting
Fgrmai Approygl for Cub Sc~ut',s Use of Rivervie~ park for Cros~0ver C,.er_ella~n.v_ on
~- approved
copy minutes to file, PW
98.114
98.115
98.025
98.116
98.065
~gprova! of Minutes - 5111/98 Si~ial Meeting_ - approved as amended
asterisk locations of amendments and add "as amended" to signature area
sign, seal - place in book
Prior Approy~)] for Reimbursement of Exp~p. ses for Councilmerrlbcrs Co, rtwright and
Lqeuberger to Attelad.A~an.c.~:d institute for Ele~ted Munic,,jpal Officials - Orlando - 6/12/98
~d 6/13/98 - approved
copy minutes to file, Finance, Cartwright, Neuberger
file vault - TRAVEL/EDUCATION
Approve Waiver of..Prg~wement Procedure md Purchase "Pm Patch" Pothole P~,iqh..er Body
from H.DLlndustries, Inc. of Jack~nvill~, TX - $47.160 Installed and Deliv~ed - Three
Days Training and One Year Warrat~ - approved
copy minutes to file, PW, Finance, Purchasing
file vault - FINANCE - 98 Bids/Purchases - PW
Approve Change Order to C.R. McLellan Annual Culvert Replacement CQ!~tract- Main
~eet Manhole Ir~tilllation - $7.500 - approved
sign change order
copy minutes to file, PW/Eng, Finance
file vault - AGREEMENTS - Miscellaneous - McLellan Annual Contract
update \wp-files\agree.cur
Request for Temporary Position ofl~l!gineering Intcrta in Public Works Department through
September 1998 - approved
copy minutes to file, PW, Human Resources, Finance
file vault - PERSONNEL - Miscellaneous
Adopt Resolution No. R-98-23 - Final PI0.t_Approval for Collier Cre~k Estates Phase II -
adopted as revised by Dill
sign, seal res. copy to file, counter, attorney, Planner, Engineer, applicant w/letter
mylar to be signed by Mayor, Clerk, Engineer, notarized and recorded (see procedures
manual for final plat recording procedures - obtain f~e from applicant)
blueback original res and file vault - 98 ORIG RES
file backup in vault - PUDS/SUBDIVISIONS - Collier Creek Estates
note location of backup file w/green sheet labeled "R-98-23 Collier Creek Estates Phase II
Final Plat - See PUDS/SUBDIVISIONS"
update \wp-resXr-98 as to adopted date
98.117
proposed R¢grgallization of Community PCy~IQprIle~t Department - carried to 6/10/98 -
CM will bring back job descriptions
copy minutes to file, Planning, Building, Human Resources, Finance
file vault - PERSONNEL - Miscellaneous
The following items not addressed - carried to 6/10/98
98.118
City Attorney Contract
98.119
98.120
Discussion Items
Budget Advisory Committee (Requested by. Councilmember Neuberger)
Occupational License Equity (Requested by Councilmember Neuberger)
City of Sebastian
'122,5 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-8200 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 27, 1998
Mayor & Members of City Council
Valerie F. Settles, City Attorney
Release of Lien--Herbert Sturm
The purpose of this memorandum is to inform you that the Code Enforcement Board voted
unanimously last week to release the lien created against property owned by Mr. Herbert Strum and
located at 549 Saunders Street, Sebastian, FL, by an Order of the Code Enforcement Board dated
July 21, 1992. The Board cited the disproportionate relationship between the fine and the violation
and the ambiguity of the Order. A release of lien will be filed in the Indian River County Clerk's
Office.
98.119
Discussion Items
1. Budget Advisory Committee (Requested by Councilmember Neuberger)
98.120
2. Occupational License Equity (Requested by Councilmember Neuberger)
16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at
16
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MAY 27, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited,
Invocation was given by Police Chaplain Frank Camillo.
ROLL CALL
City Council Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Staff
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
AGENI~A MODIFICATIONS (ADDITIONS. AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
98.112
98.090
98.113A
98.109
6. PROCLAMATIONS, ANNOUNCl~MI~NT$ AND/OR PRESENTATIONS
A. Pres~qtation of Certificates of Completioll tO Vice M~or Wininger and Counciln~r~ber Neuberger
f01' Florida Institute of Governme~lt Illstitute for Elected Officials
v~ayor Sullivan presented certificates of completion to Vice Mayor Wininger and Councilmember
Neuberger.
B. ~r~$entation of Plaque to Employee of Ibc Quarter - 1st Ouarter 1998
Mayor Sullivan presented a plaque to Employee of the Quarter Joe Byer.
C. presentation of Plaque to ~chael Oliver-Code Enforcem¢lg l~oard '~ ]~/7~.g/fft/~
Mayor Sullivan presented a plaque to former Code Enforcment Board member, Michael Oliver.
7. !T~MS CARRIED OVER F_ROM_5/11/98 REGULAR MEETING
A. Review and Direction Concerning Prop~0,l for Indian River County Sheriff's Qfftc~ to Provide
Dispatching Services for City of Sebastit~ - postponed from 5/13/98 ~ity,Manager Transmittal
5/6/98, Cit3' Manager M?II;Q 5/6/98, Chief Memo 5/19/98L Chj¢f's Report Previously Distributed)
,. , -
t2.~.~, l.,'5~(~ -/, -ro'~ '
98.110
First Reading of Ordinance_No. 0-98-05 - Board Procedures ~mendment - Set Second Reading
Public Hearing and Final Adoption for June 10, 19~98 (City Attorney Transmittal 5/7/98, 0-98-05)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COLrbITY, FLORIDA, AMENDING SECTION 2-167
AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATINO TO APPOINTMENT TO CITY
BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR
POLFrlCAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM
LIMITATIONS; PROVIDING FOR CODIlrlCAiION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
98.111
FormalAl~groyal for Cub Scout's Use of Rivep/iew_P0xk for Crossover Ceremony on 1VJay 2,.1,
ffromang Letter)
CITY COUNCIL MATTEI~
A. Mr. Chuck Neuberger
4
CITY ATTORNEY MATTERS
CITY MANAGERMATT]~]~
9
98.114
98.113B
98.115
98.025
98.116
10.
CONSF~Ixrr AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
tn which event, the item will be removed and acted upon separately.
Approval of Minutes - 5/11/98 Special Meeting
Prior Approval for Reimbursement of Expenses for Councilmembers Cartwfight and Neuberger to
Attend Advanced Institute for Elected Municipal Officials - Orlando - 6/12/98 and 6/13/98 (City
Clerk Transmittal 5/18/98, Conference Information)
Accept Resignation of Michael Oliver from Code Enforcement Board (City Clerk Transmittal
5/18/98, Oliver Letter)
Approve Waiver of Procurement Procedure and Purchase "Pro Patch" Pothole Patcher Body from
H.D. Industries, Inc. of Jacksonville, TX - $47,160 Installed and Delivered - Three Days Training
and One Year Warranty (Public Works Director Transmittal 5/11/98, Quote, Pictures, Budget
Transfer)
Approve Change Order to C.R. McLellan Annual Culvert Replacement Contract- Main Street
Manhole Installation - $7,500 (Public Works Director Transmittal 5/20/98)
Request for Temporary Position of Engineering Intern in Public Works Department through
September 1998 (Public Works Director Transmittal 5/21/98)
The City Manager read the consent agenda.
MOTION by
I moveto approve items A, B, C, D, E, F of the consent agenda.
10
Approval of Minutes - 5/11/98 ~pe~isll Meeting
95.114
98.115
B. Prior Approy. aLfor Reimbursement of El~p~e~. s for Coullgillgembers Cartwdght and Neuberger to
Attend Advanced instilu~ for ]~lect~l',~cipal Officials - Orlando - {;/12/98 and 6/13/98
/-
~' ~-~~sWt:~s~r~n°~.P~r°f~::~ism~n~i~re~c;dXt~-~;~;nhsatsa:~`;~r~at-~c~;¥e~d~-~`hPraet~h~rayBs~Ttd~Yaifnr~n:
and One Y~r W~rran~y
98.025
Eo
Approve Change Ordert$9~G~R.~al Culvert Replacement Contract- Main Street
Manhole Installati~}.-~O0 ~
98.116
Request for Temporary Position of Engineering Intern in Publi~ x3/orks Department through
$~gt~mber 1998
11
11~
12.
P~LI~ HEARING - None
INTRODU~!0N OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
12
13.
COMMITTEE REPORTS/RECOMMENDATIONS
98.065
14.
15.
BUSINESS - None
NEW ,BUSINESS
ho
Adopt Resolution No. R-98-23 - Final Plat Approval for Collier Creek Estates Phase II (Community
Development/City Engineer Transmittal 5/20/98, R-98-23, Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVINO THE FINAL
PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES, PHASE TWO; PROVIDINO FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERAB1LITY; AND PROVIDINO FOR AN EFFECTIVE DATE
, //
._---//,'(po
13
iTEM NO.
ROLL CALL
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
ITEM NO.
ROLL CALL
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
ITEM NO.
ROLL CALL
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Ncubergcr
ITEM NO.
ROLL CALL
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
ITEM NO.
ROLL CA!&
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
/-~ /~ .,__ MOTION
SECOND
MOTION ~-//<~
SECOND
MOTION
'SECOND
SECOND
MOTION
SECOND
ITEM NO. ~ff. ~9~_0, ~
ROLL CALL
Mrs. Cartwright
Mr. Neubcr§er
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
ITEM NO.
V
MOTION ~//~ ~
SECOND
MOTION
ROLl, CALL 2
Mr. Neubcrger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
ITEM NO.
ROLL CALL 3
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
ITEM NO.
ROLL CALL
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
ITEM NO.
ROLL CALL 5
Mrs. Wininger
Mrs. Cartwri~t
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
SECOND
MOTION
'SECOND
MOTION
SECOND
MOTION
SECOND
I t r
I
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i
I
I
City of Sebastian
1225 MAIN STRE_:T ~ SE]BASTiAN, FLORIDA 32~E8
TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, MAY 27, 1998 ~ 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOR[DA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council
- limit often minutes per speaker (R-97-21)
1. CALL TO ORDER
I
I
PLEDGE OF ALLEGIANCE
INVOCATION - Police Chaplain Frank Camillo
RQI~I~ GALL
AGENDA MODIFICATIONS LADDITIONS AND/OR DELETIONSJ
Items not on the written agenda may be added only upon majority vote of City Council members ('R-97-21)
I
I
I
98.112
98.090
98AI3A
PROCLAMATION~ ANNOUNCEME~$ AND/OR PRESENTATION~
A. Presentation of Certificates of Completion to Vice Mayor Wininger and Councilmember Neuberger
for Florida Institute of Government Institute for Elected Officials
B. Presentation of Plaque to Employee of the Quarter - 1st Quarter 1998
C. Presentation of Plaque to Michael Oliver - Code Enforcement Board
I
I
98.109
1-4
98.110
3-8
98.111
9
11-16
98.114
17-19
98.113B
21-22
98.115
23-26
o
9.
10.
ITEkM~S CARRIED OVER FROM $J11198 REGULAlg_MEETING:
Review and Direction Concerning Proposal for Indian River County Sheriff's Office to Provide
Dispatching Services for City of Sebastian - Postponed from 5/13/98 (City Manager Transmittal
5/6/98, City Manager Memo 5/6/98, Chief Memo 5/19/98, Chief's Report Previously Distributed)
First l~ading of Ordinance No. Q-98-05 - Board Procedures Amendmeot - Set Se~:ond Reading.
Public Hearillg and Final Adoption for June !9_1998 (City Attorney Transmittal 5/7/98, 0-98-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAlq RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167
AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY
BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR
POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM
LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
Co
Formal Approval for Cub Scout's Use of Riverview Park for Crossover Ceremony on May 21, 1998
(Fromang Letter)
CITY COUbICIL MATTERS
B,
C.
D.
E.
Mr. Chuck Neuberger
Mr. Lan'y Paul
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
CITY ATTORNEY MATTERS
CITY Mt~bi'AGER MATTERS
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 5/11/98 Special Meeting
Bo
Prior Approval for Reimbursement of Expenses for Councilmembers Cartwright and Neuberger to
Attend Advanced Institute for Elected Municipal Officials - Orlando - 6/12/98 and 6/13/98 (City
Clerk Transm~ital 5/18/98, Conference Information)
Accept Resignation of Michael Oliver from Code Enforcement Board (City Clerk Transmittal
5/18/98, Oliver Letter)
Approve Waiver of Procurement Procedure and Purchase "Pro Patch" Pothole Patcher Body from
H.D. Industries, Inc. of Jac 'ksonville, TX - $47,160 Installed and Delivered - Three Days Training
and One Year Warranty (Public Works Director Transmittal 5/11/98, Quote, Pictures, Budget
Transfer)
I
!
98.025
27-32
Approve Change Order to C.IL McLellan Annual Culvert Replacement Contract- Main Street
Manhole Installation - $7,500 (Public Works Director Transmittal 5/20/98)
98.116
33
Request for Temporary Position of Engineering Intern in Public Works Department through
September 1998 (Public Works Director Transmittal 5/21/98)
11. PUBLIC HEARING - None
12.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
13. COMMITTEE RE PORTSfRECOLM[IVI[!~jxI])fiTI O NS
14. OLD BUSINESS - None
98.065 A.
35-37
Adopt Resolution No. R-98-23 - Final Plat Approval for Collier Creek Estates Phase II (Commumty
Development/City Engineer Transmittal 5/20/98, R-98-23, Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL
PLAT FOR A SUBDMSION KNOWN AS COLLIER CREEK ESTATES, PHASE TWO; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
98.117 B.
39-40
Proposed Reorganization of Community Development Department (City Manager Transmittal 5/21/98)
98.118/97.141 C.
41.46
D.
98.119
98.120
City Attorney Contract (Agreement, 5/28/97 Minutes)
Discussion Items
1. Budget Advisory Committee (Requested by Councilmember Neuberger)
2. Occupational License Equity (Requested by Councilmember Neuberger)
16.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
ANY PERSiON WHO DECIDES TO APPF.4J., ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MAT'TER CONSIDERED AT THIS MEETING
(OR HEARING) WILL Nt:~I') A RECORD OF THE PROCF_dF_,DINGS AND MA Y NEED TO ENSURE THAT A VERBA T2M RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIIVlONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE W177-I THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO Ng'vDS A SPECIAL ACCOMMODATION FOR THIS MEETL . G
SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEA,TI' 48 HOURS IN ADVANCE OF THIS bIEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
[J~oming Meetings:
· RegularMeetmg- Wednesday, June 10, 1998 (~ 7pm
· SpecialMeeting - Wednesday, June 17. 1998 (~ 7pm (tentative quasi-judicial hearing)
Regular Meet~ng - Wednesday, June 24, 1998 (~ 7pm
· RegularMeeting - Wednesday. July 8, 1998 (~ 7pm
· Budget Workahop - Tuesday, July 21, 1998 (~ 7pm
· Regular Meeting - Wednesday. July 22. 1998 (~ 7 pm
° Budget Workshop (if needed) - Thursday, July 23, 1998 (~ 7pin
· Public Forum - Wednesday, July 29, 1998 (~ 7 pm
City of Sebastian, Florida
Subject: Review and Direction Concerning a
Proposal to Have the Indian River County
Sheriff's Office Provide Dispatching
Services for the City of Sebastian.
Department Origin: City Manager
Date Submitted: May 6, 1998
For Agenda of: May 13, 1998
Approved for Submittal by: City Manager
E.'d'fibits: · Memorandum Dated May 4, 1998 from City Manager to City Council
,, Report on Police Dispatch Prepared By Chief Dennis R. White
EXPENDITURE REQUIRED: I AaMOUNT BUDGETED: [ APPROPRIATION REQUIRED:
n/a I n/a I n/a
SUMMARY STATEMENT
Attached is the report regarding the proposal for transferring dispatch responsibilities from the
City Police Department to the County Sheriffs Office. Pursuant to the report, there is an
identified savings oppommity of approximately $215,000 annually. It has been identified that
this conversion could be done with no reduction in service response time.
This is a matter which has an emotional factor from both that of displaced employees and a
community identity perspective. The Chief has identified a financial oppommity without a
reduction in response service. On the down side, it does transfer the role from that of the City to
that of the Sheriff's Office, and this may be a large issue with many of the citizens in Sebastian.
Due to budgeting deadlines and grant filing deadlines, a decision is needed.
RECOMMENDED ACTION
Review the issues associated with the proposal and provide direction to the City Manager and the
Chief of Police as to how the Council would like to proceed.
If the Council feels that the saving warrant the transfer of duties to the Sheriff's Office and reap
the savings, it should author'ze the Staff to proceed accordingly with an effective date of October
1, 1998.
Should Council not feel comfortable with the transfer of the responsibilities to the Sheriff, then it
should direct the staff to continue to include the projected costs associated with the maintaining
the dispatch operation within the upcoming budget proposals.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 388-8203 [] FAX (561) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 4, 1998
The Honorable City Council
Thomas W. Frame, City Manager ~ c~. ~
Report on Police Dispatch
Attached, please fred the report on the police dispatch prepared by the Police Department. As
noted within the report, there is a substantial savings opportunity available should the Council
decide to transfer the dispatching responsibility to the Indian River County Sheriff's Office.
It is my intent to place this matter on the agenda of the City Council for May 13, 1998. Timing is
critical for a decision due to pending grant applications that need to be completed.
Should any Council Member have any specific questions, feel free to contact either me or Chief
White.
cc: Dennis R. White, Chief of Police
SEBASTIAN POLICE
1201 Main Street
Sebastian, Florida 32958
DENNIS R. WHITE, Chief
E-mail: spd@sunet.net
Date: 5/19/98
MEMORANDUM
To:
Mr. Tom Frame, City Manager
Re:
Delay of Dispatch Takeover.=
DEPAR NT
Telephone 561/589-5233
24 hr Fax 561/589-2207
Admin Fax 561/3~8~72
Web: WW-W. sebas~pdf~.rq
'..~ 9. .7'."
I recommend that the target date for the takeover of our Dispatch
operation by the Sheriff's Office, if approved by the City Council,
be revised to April 1, 1999. It has become apparent that the
original target date of October 1, 1998, would be extremely
difficult, if not impossible to meet, for the following reasons:
As of this date, October 1st is only 4h months away. This is
very little time to resolve the many and extensive operational
issues that must be decided and implemented before such a
change could be accomplished.
The new emergency services CAD System (Sheriff, Fire, EMS and
9-1-1 Computer Aided Dispatch hardware and software) which
will be the heart of the new system is not scheduled for
installation until late July thru August. Having overseen the
implementation of similar systems, involving multiple
departments, I know that, no matter how much planning and
preparation is done, there will be numerous upstart and
operational problems, component failures, etc., that
realistically will require at least 3 months to iron out.
With the new CAD System on line there will be enough confusion
due to learning the new system, training of staff, hardware
and software glitches, etc., to be worked out before we
attempt to transfer Sebastian's workload onto that operation.
Given the above realities and the potential consequences if a major
system or operational problem occurred, there seems little sense in
pushing all of this change so Cightly together just to meeE a date
which tracks our budget year. I~ the Council approves the
assumption of our Dispatch cueration by the Counsy, I believe it
will be far and more pruden5 to let them get the system up and
running and become used to operating with it, before we add the
additional demands our deDartment's wcrk!oad will bring.
Page 2 of 2
Finally, I must stress that we do need a firm decision by our City
Council ASAP on this issue. If this project is to be a smooth
transition, a great deal of planning and procedural change must be
done, if it is decided that we will go with the County system. I
can not begin the staff work on this project until we know that the
concept is OK'd. Also, all of the speculation, media attention,
rumors and uncertainty is taking its toll on everyone. I will,
therefore, appreciate your bringing this recommendation to our
Council's attention.
Dennis R. White
Chief of Police
City of Sebastian
1225 Main Street
~bastian, Horida 32958
Telephone (1561) 589-5550
FAX (561) $89-5570
Subject: First Reading of Ordinance No. O-98-05 -
Board Procedures
Approved for Submittal by:
Exhibits: 0-98-05 {J
Expenditure Required: I Amount Budgeted:
1
Agenda No. _~_/0Q- / / C
Dei~artment Origin: City Attorney
Date Submitted: 5/7/98
~'or Agenda of.' 5/13/98
Appropriation Required:
SUMMARY STATtiMENT
Ordinance No. O-98-95 is presented as a housekeeping matter for recently enacted procedures for boards
which were moved into one section of the Code of Ordinances (Chapter 2 - Article VI).
Section 2-167 is amended to add a sentence which was inadvertently omitted.
Section 2-171 is amended to remove references to "committee" since, in accordance with definitions in
Section 2-166, committees are established by resolution to study a specific problem and to recommend a
solution or policy alternative within a time certain, and their existence is terminated upon completion of the
assignment.
R£COM~Vi£NDED ACTION
Approve the first reading of Ordinance No. 0-98-05 and set a second reading and public hearing for June 10,
1998.
Since the 5/13/98 meeting when this item was deferred, the City Attorney
added "or committee" in two places in the first section.
QRDINANCE NO. 0-98-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CiTY
BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT
QUALIFICATION A~ A CANDIDATE FOR POLITICAL OFFICE SH~?.?. BE
DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM
LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Sebastian, Florida, ("City
Council") desires to clarify recently enacted procedures for board,
commission and committee appointments into one section of the Code of
Ordinances; and
WHEREAS, the City Council finds that this amendment will clarify
appointment procedures and that this will further the health, safety and
welfare of the citizens of Sebastian, Florida,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AS FOLLOWS:
Section 1. Section 2-167 of the Code of Ordinances of the City of
Sebastian, Florida, is hereby amended follows:
Section 2-167 Appointments.
No member of any city board or committee shall become a
candidate for elective political office during his or her term.
A letter of resignation shall be tendered to the Office of the
City Clerk at least ten (10) days prior to the first day of
qualifying for the office he or she intends to seek. Should any
member of a City boaLd or committee qualify as a candLdate for
Dolitical office, such qualificatio~ ~ba~l be deemed a tender
o~/resignation from such board o~committee. No person shall
s~e on more than one {1) city/board simultaneously.
Section ~. Section 2-171 of the Code of Ordinances of the City of
Sebastian, Florida, is hereby created to read as follows:
Section 2-171 Terms. Except as otherwise provided by ordinance
or by State law, board and s~mmittee members shall be appointed
to fill specific three (3) year terms of membership, which
shall be staggered, so that no more than three (3) members of
a particular board or cc~nitt~e shall be appointed in any given
calendar year. In the event that an appointment is made to fill
an unexpired term, the member shall serve until the end of the
unexpired term.
In no event shall any individual who has served as a
member of the board ~r =ommit~e wls~=re a~e6%=~ancy oc=umDs for the
greater of two (2) consecutive terms or six (6) years be
reappointed to serve another consecutive term as a member of
such board or c~mmittee, unless no other individual, who has
otherwise legally qualified to serve as a member of said board
or committee has a current application on file with the City
Clerk seeking appointment to serve as a member of such board ~r
=ommittee. This provision shall not prevent appointment to a
different board or ~omm~ttee. For purpose of this section, the
calculation of service of a board member shall not include time
served as an alternate member of the board ~r =~mmittee where
the vacancy occurs.
Section 3. If any section or part of a section of this Ordinance is
declared invalid or unconstitutional, the validity, force and effect of any
other section or part of a section of this Ordinance shall not thereby be
affected or impaired unless it clearly appears that such other section or
part of a section of this Ordinance is wholly or necessarily dependent upon
the section or part of a section so held to be invalid or unconstitutional.
Section 4. This Ordinance shall prevail over all other Ordinances
which are in conflict with ti~is Ordinance. If any clause, section or other
part or application of this Resolution shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as
eliminated and in no way affecting the validity of the remaining portions
or applications remaining in full force and effect.
Section 5. This Ordinance shall go into effect immediately upon its
passage and adoption and authentication by the signature of the presiding
officer and the Clerk of the City Council. '.
The foregoing Ordinance was moved for adoption by Councilmember
follows:
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1998.
CITY OF SEBASTIAN, FLORIDA
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie F. Settles
City Attorney
Sonia N. Fromang
1752 Mainsail Street
Sebastian, Florida
32958
Sebastian City Manager (561)-58~
Mr. Tom Frame
Sebastian, FIodda
32958 ~~~'..' 5 ~
May 11, .1998"':>~.?
Dear Mr. Frame
I am writing on behalf of Cub Scout Pack 598 of Wabasso, Flodda.
We meet at the Grace United Methodist Church in Wabasso.
I am writing to request the use of the pavilion at Riverview Park in
Sebastian, Flodda for our "Cross-over "ceremony on Thursday, May 21,
1998 at 6:30 We have used the pavilion for the past several and
p.m.
years
find the little bridge makes a great place for the children to symbolically
cross over to the next rank. We then have a picnic for the Cubs and families
and the entire process takes about one and a half hours.
We may have a small PA system that will require electricity to
announce the boys' names and their achievements.
We thank you very much for your consideration of this event. As you
know, the Cub Scouts take pride in cleaning up after themselves and we
hope that will wave the deposit fee. you
I can be reached at 589-7001 at home.
Sincerely,
Sonia N. Fromang
DRAFT
12-o5 MAIN STRE_~i'
TELEPHONE (561) 589-5330 ~ FAX (E61) E89-E570
MINUTES
SEBASTI~ CITY COUNCIL
SPECIAL MEETING
MONDAY, MAY 11, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the Special Meetiag to order at 7:00 p.m.
The Pledge of Allegiance was recited.
I~_OLL CALL
City Council Present:
Mayor Ruth Sullivan
Vice Mayor Manha Wininger
Mr. Chuck Neuberger
Mr. Larry Paul
(~j~v Council Absent:
Mrs. Louise Cartwright (excused)
StaffPresen~';
City Manager, Thomas Frame
City Clerk, Kathtyn. O'Halloran
Public Works Director, Pat Brennan
City Engineer, Man. ha Campbell
Finance Director, Janet Isman
Deputy. City Clerk, Sally Maio
t
Special City Council Meeting
May 11, 1998
Page Two
DRAFT
4. SPI~CI~LMEETING ITEMS
98.102 A.
paving. Program Stalus Report and Recommendations 0?ubli_c Work~ Director Transmittal 5/5/98.
Paving prggri;~ ~eport Previously Distributed Under ~eparate (~over)
The City Manager gave a brief presentation on the proposed paving program which will include
drainage and swale work, obtaining a bank loan and obligating a portion of local option gas tax for
15 years for paving, and using discretionary sales tax revenues for drainage improvements. He noted
that only those roads designated "poor" o~: '.'immediate paving needs" will be able to be done at this
time at a cost of $5.3 million; and said Council will have to look at other financing alternatives for
roads designated "fair" or "near term needs."
The City Engineer gave an in-depth presentation on the Paving Program; said she was requesting
review and conceptual approval of the program, and expeditious approval for Barber Street paving;
cited that of 140 miles of city roads, 46 are "good", 44 are "fair" and 50 are "poor"; explained the
need for drainage improvements for certain roads; and discussed estimated costs, scheduling, and
financing options. In conclusion, she recommended that Council approve 1) the finance concept for
immediate needs; 2) immediate work on Barber Street; 3) request for proposal for loan; 4) detailed
paving plan presentation or workshop; and 5) a discussion of unmet needs at a future workshop.
The City Manager discussed financing alternatives for near term needs such as a utility tax or
assessment program, which, he said will have to looked at in the near future.
Staffmembers responded to questions from Council relative to percentage of funds earmarked for
the program, progress on Dempsey/Vocelle drainage,
TAPE I - SIDE II (7:50 p.m.)
extending Rangers contract for Barber Street paving, the phasing program which coincides with
Indian River County's water expansion phases, changing incorrect reference to CR 510 as Roseland
Road to CR 505, the proposed drainage project for Schumann Drive, and current uses of gas tax
revenues.
Tut Connelly, 149 Kildare Drive, Sebastian, questioned the need to pave Barber at this time and
whether there were alternatives to the stormwater park. Staff respc aded that Barber is a major
collector ['or the City, and it is extremely dangerous at this time; and again explained meeting with St.
Johns officials about alternatives to the defunct stormwater park plan. The City Manager said he
encouraged formation of a drainage advisory committee.
MOTION by Paul/Wininger
I move to conceptually approve the financing plan to accomplish the immediate paving needs
and to direct staff to begin solicitation of bids Rom financial institutions for this purpose. Move to
direct staff to research new revenue streams to finance improvement to the fair status roads.
Special City Council Meeting
May 11, 1998
Page Three
DRAFT
ROLL CALL:
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
- absent
MOTION CARRIED 4-0
98.104
Paving.,B_arber Street from CRfil2 tO ~ghu~ann Driv~ (Pul~l[c Works Director Transmittal 5/5/98,
Map)
Discussion took place on Indian River County's proposal to four lane Barber Street in the future.
The City Manager said Council might want to take a position on this proposal and suggested that
perhaps three lanes might be a better idea.
TAPE II - SIDE I (8:37 p.m.)
Discussion took place on the fact that this project was not going to be bid out. Staff noted that they
would like to see this project completed as soon as possible, and extending the current Ranger
contract would allow them to do this since they need only two weeks notice.
MOTION by P~
............... iW~id like to make a motion that we accept item B on the meeting item.
Tut Connelly, 149 Kildare Drive, Sebastian, said it was important to move water offBarber Street.
The City Manager said staffwill look at moving areas of trapped water. ..
.. ~,:,N~b,e~:g~L$¢qp_n.,~ed, ~he mption at.this, t~.,.Mayor Sullivan asked Mr. Paul if it was his intent
to approve the item as recommended by staff and Ma'. Paul concurred.
Staff recommendation was as follows:
"Move to approve: Use of available funds to:
1. Authorize the use of currently held une-;pended discretionary sales tax funding within the
General Fund to be reimbursed by loan proceeds from the paving program.
2. Issue a purchase order to Asphalt Recycling, Inc. for a unit price of $2.50 per square yard
(23,173 s.y. estimated) and $1,08 per gallon of oil (23,173 gal. estimated)
3. Extend the asphalt contract with Ranger Construction, Inc. for a unit price of $33 per ton of
S- I and S-3 asphalt (5,000 tons) and
4. Authorize Indian River Coun .ty Department of Public Works, Traffic Engineering to line
stripe Barber Strut with thermoplastics for $15,240."
DRAFT
May 11, 1998
Page Four I
ROLL CALL: Mr. Neuberger - aye I
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wiainger - aye 1
Mrs. Cartwright - absent
MOTION CARRIED 4-0 i
· Mayor Sullivan called recess at 8:57 p.m. a~d reconvened the meeting at 9:05 p.m. All members
at roll call were present when the meeting reconvened. I
present
Vice Mayor Winingcr complimented the Public Works Director and City Engineer on the Paving
Program report. I
98.097 C. Adopt Rcsolutj~rI]q_o,.]~-9_8- [9 Approving Capita[ Improvement Budge~ for FY1998 through 2002
~th Carry-Over Projects from FY 1997 (Finance Director Transmittal. R-98-19,Narralj~q. Capital
Improvement Budget was Distribut~l Previously Under Separate Cover)
^ ~.so~.trnon os TH~ crrv os s £B,-XsnAS. rsm,~ PaW~ cotrs'rv. Ft,OPaD~. ADOPTr~a ^ c~rrA~' m~OV.T SO~
P. SC~ ~ ~997499S A~D A S Yr;,~ ca~rr~ m~,~ov~.~v.~ ~'~O~P,A~ ~:O~ ~v. crrv os SS~ASTI~ ~O~ $~SCA~ ·
YE. ARS 199g-2002., WITH PROJEC'I'$ CARRIED OVER FROM FISCAL YEAR 1997; PROVIDINO FOR REPEAL OF RESOLUTIONS
o~ ~'A~TS OS ~SOLtmOSS IN CONtaCT a~e,.swrrH; ~,aoxaDn~a ~o~ s£v~P,~Bmrrv; n~,tD P~OXaDma ~:o~ ,~
EFFECTIVE DATE.
The City Manager read Resolution No. R-98-19 by title, and the Finance Director gave a
presentation on the proposed capital improvement budget
Discussion followed on moving Golf Course can paths up to FY 99; the need to obtain future grants
for airport improvements; developing industrial property at the airport; the need for
Barber/Schumann signalization; removal of $1,920,000 pledged to future years for a subsequent
phase in line item SWMS-005 Dempsey/Vocelle; Schumann and Blossom Drive drainage; proposal
1
to seek CDBG grant for Louisiana Avenue; program for stormwater improvements;
TAPE II - SIDE II (9:36 p.m.)
City Hall ~.adows; and remova~ 'of$2,500 for improvements to the Council dais.
Shirley Kilkellv, 950 Franciscan Avenue, Sebastian, addressed Council on the proposed tree shade
house. Vice Mayor Wininger objected to the shade house based on the fact that she was told there
was no plan for use of the trees. Mayor Sullivan also_obje~cted to funding it/ Following a lengthy
discussion, ~b~_.~'~,.~er~_~ti! a lan comes"f'orw Fq'h wever, the City
Manager re--ended Corem e~i3'~-the funding in th~'~l~h-d~t-/ki~'h ~7~at that staff work with the
Tree Advisor,,' Board on a plan for the trees and bring back a report to~ouncil before funds are I
expended. C~uncil concurred and Mr. paul xx4thrtrew hi's motioz-.~,lld
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Special City Council Meeting
May 11, 1998
Page Five
DRAFT
$9~d for a Public Works compound office building was removed.
At this time,.M.r.~ Paul starte~l a' rn0~i~n~ to approve t.!3~ re&9.!lutign, hOWe~er, Mr. Neuberger had
further questi0ns r~garding the~'~n* b~ili:Fmg at Barber Street. ~
In response to Mr. Neuberger, the City Manager said he had read that Sebastian had been'approved
for the $100,000 grant for its renovation.
Mayor Sullivan asked Mr. Patti if}tis motion still held, he said he had started to approve the
Resolution, the City Clerk stated for "Resolution R-98. t 9 adopt capital 5 year improvement" and
Mr. Paul completed it "for capit01inlprove[nent for fiscal years t998 through 2002 with ~:arryover
gr~jects from fiscal year 97 ~ amended." Vice M~or Wininger s~conded the motion at this time.
The Finance Director listed deleted items as follows:
Project SWMS-005 - Dempsey/Vocelle Area Drainage Improvements - delete remaining
$1.92 M
Project 24-97 - DST012 - Council Chambers dais improvement - delete $2,500
Project 24-98 - DST002 - Tree Shade House - add caveat that project will not proceed until
Council specifically approves it
Project 23-FY-GT008 - delete $90,250 for compound office building
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
lVlrs. Cartwright - absent
Mr. Ncuberger - aye
MOTION CARRIED 5-0
5. Being no further business, Mayor Sullivan adjourned the Special Meeting at 10:15 p.m.
Approved at the
,1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
Kathryn M. O'Halloran, CIVlCIAA.E
City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 52958
Telephone (561) 589-53:30
FAX (5Bl) 589-5570
Subject: Prior Approval for Reimbursement of
Expenses for Council Members Camvright
& Neuberger-Advanced institute for Elected
Municipal Officials
Approved for Submittal by:
Exhibits: Conference Information
Expenditure Required:
$180.00 Conference Registration
Travel Expenses to be
Determined
Agenda No.
Department Origin: City Clerk~
Date Submitted: 5/18/98
For Agenda of: 5/27/98
Amount Budgeted:
Education $820.00
Travel $481.00
Appropriation Required:
SUMMARY STATEMENT
Council members Cartwright and Neuberger wish to attend the Advanced Institute for Elected Municipal
Officials sponsored by the Florida Institute of Government in Orlando, Florida on June 12-13, 1998.
Section 2-34 of the Code of Ordinances requires prior approval of the City Council for reimbursement of
expenses, subject to limitations set by the State, which will be incurred in connection with attendance at a
conference or function a City Council Member attends on behalf of the City.
g~COMMF~IDE]~ ACTION
Approve reimbursement of expenses incurred bv Council Members Cattwright and Neuberger for their
attendance at the Advanced Institute for Elected Municipal Officials in Orlando, Florida on June 12-13, 1998
in accordance with State limitatio,is.
FL Institute of 6av't Fax:$50-~7-O041
Rpr 6 '98 10:5~ P. 01
J~egistration arorm
1995 AD VANCED INSTITUTE FOR
EI~C'I'ED MIB~CIPAL OFFICIALS
June 12 - ~, 1998
~son P~ Ho~I
60 8o~ Iv~oe Blv~
O~do,~od~ 3~04
Pfcas~ Rrint or type- Ymt may duplicata tlSis forrn for additional regist1'ation.
Ele~ed Position
Maillag Ad&ross
Social Securi~ # Telephone # (.5~/),57f?- j--~v~ FAX #: o-&/-,_5-o---~¢- S-~5-7~
i~ake check:p~mh~ to Unive.-si~ of Cantr~l ~o~ ~d mfl ~: ~o~ ~te o~ Government
U~ of Cea~ ~o~da
3g W. P~e S~ S~te 204
Or.do, ~o~da 32801-2612
For ad&~o~ ~~ pl~ ~ ~ ~oHda ~flm~ of ~~g U~e~i~ of Cen~
~ofi~ at (~ 317-~ or SC ~TT4L ~e ~ n~ h (~ 317-7750.
Cancallatioai mm 1~ reealved aad eonfirm~ ia ,¢Hting by Jane 1, 1998 to enaure a refund.
Lf you n~e p~y challenged and require spe~d ~ervice3, or if ;you have spedal d~etnry need&,
please attach::a writam descrlptien of those needs to your rcghtrafion.
Advanced In~imto for ]Qec~ed Muaieil~! Oflidah Hotd- Registr~ion Infor~atlon:
Numb~ of'R~ms / N~bcr ~ P~__
Address /,g75" //}n/:' ,:7
Cr~it C~d ~ Ex~. D~
n~ to m~-.~o~ ~afians by 3h7
1398 M o~r to ~ a~mg~ of ~ UCF/
~fi~te of: Gove~ment
Call Hotel Reservations direc'fly to:
Radisson Plaza Hotel
60 South Ivanhoe Blvd.
Orlando, ~ 32804
(407) 425-4455 or (S00) 353-3333
Ask for the UCF/Institu~e of Government
rate.
FOR TAX EXESdFY ~-i'ATU$: To obtain
cxgmpt atatus, you ~ ~ apply ~c ho~l
m~; a ~oa, ~d pay wi~ d~ a a-edit
~r 6 'S~ lO:SS P. Oi,I
Registration Form
:998 ~F~C~ ~S~ FOR
~~ ~~ O~~S
~an P~ Howl
~ ~u~ I.a~oe Blvd.
O~do,~lo~ 3~
Please ;tint or ~y.t~ Ton may a~licatm therefor ~t~l re~oa ' ~
~ ~l~gA~ess IZ~ ~,~ ~ Ci~ ~~Zip
u~e~ ox ~eu~
36 W. Pine S~ Suite 204
~ , Off.do, ~ofida 3~801-2612
C~ce~fi~ ma~t ~ ~ and ~~ ~ ~g by J~e 1, ~98 to ensure a refund.
Lf you are p~ysically challenged and require spechl servic~ or ff you have special dietary nccds,
please attach::a m,~tam de~.~ptien of tho~ needs to your registration.
JAdvanced'~mtitu~ for Xlec~d Municilml Officials Ho~ Registration Information:
Number of. Rooms ~ Number ia Party
Cr~it C~4 ~ ~. Da~
need ,to m~*:~o~ ~a~nm by ~Y
1~8 M o~"er to ~ a~· of ~
~te of~Gove~*
C~il Hotel Reservations dixa~tly to:
Eadi~son Pblza Hotel
60 South Ivanhoe Blvd.
Orlando, FL 32804
(407) 4z -t45i or ($00)
FORTAX F.X~MFT STATUS: To ob~*i- tax-
c, xaml~ $~ you n~ ~ ~pply ~c howl wi~
s ~py Of~ ci~ ~ ~pt ~ wh~ you
m~a a~oa, ~d pay wi~ ~ a ~cgit
~d or ~L
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City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Telephone (561) 589-5330
FAX (561) $89-5570
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Subject: Accept Resignation of Michael Oliver,
General Contractor Position, from Code
Enforcement Board
Approved for Submittal by: City Manager
Exhibits: Resignation Letter dated May 13, 1998
Department Origin: City Clerk~
Date Submitted: 5/18/98
For Agenda of: 5/27/98
Expenditure Required:
N/A
/
Amount Budgeted: / Appropriation Required:
N/^ I N/A
SUMMARY STATt~MI~NT
Michael Oliver has submitted his resignation as a general contractor on the Code Enforcement Board effective
May 13, 1998.
Please accept resignation.
RECOMMENDED ACTION
Codc I~nt'orc~ment Board
$~mdi~n, Iqorid~ 32~S~
Aucntion,* Buildiiit~ Dc~a~mcn!
May
J)lca~ excc~ this lclle[ as lay 1c,~isnation o£C(~dc l':nfbr¢cmcm l~uad due Io pm'Kraal rc~ofls, cfl'cctive
Iqe~fidly.
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City of Sebastian
TELEPHONE (561)589-5490 E FAX (561) 589-6209
City of Sebastian, Florida
Subject: Purchase of a Truck Body to Keep
Asphalt Hot
Approved for Submittal by:
Thomas Frame, City Manager
Agenda No. 9 ~//
Patfi{:k Brennan
Ci~ Manager/Asst. to Ci~
Mgr~urchasiag
Paul Wag~
Date Submitted: 5/11/98
For Agenda of: 5/27/98
Exhibits: Quote, Pictures, Budget Transfer
EXI~ENDITLrRE
REQUI1LED: $47,160
AMOUNT BUDGETED:0
APPROPRIATION
REQ~D: - Transfers
SUMMARY
The quality of asphalt repairs performed by City staff and the productivity of the pothole patching crew
could be greatly enhanced with the purchase of a truck body that keeps the asphalt hot. Currently crews
are limited to a small load and must make two trips to the asphalt plant per day (50 to 80 miles round
trip) to keep the material warm long enough to use. As the material cools the quality and life of a repair
decreases. A truck body that keeps asphalt hot would eliminate one trip per day to the asphalt plant. The
asphalt can also be kept hot overnight with the right equipment. We have researched several brands
through the American Public Works Association and the "Pro-Patch" brand is widely used in Florida.
Indian River County has a Pro Patch truck body. The County Road & Bridge Division has demonstrated
their machine to us and they are pleased with its performance. There are public bid contracts for this
piece of equipment, however, they include a ne~v truck. The City has a 1997 Ford F-700 that the "Pro-
Patch" can be mounted on. This piece of equipment can be purchased new with a one year xvarranty and
installed on an existing City truck for $47,160. This is a contract price minus the cost of a ne~v truck
($41,956). Funds to cover the cost can be transferred from the Roads & Drainage operational budget
(see attached exhibit) to the Equipment line 001-23-541-640.
RECOM~IENDED ACTION
Move to ~vaive procurement procedure and purchase a "Pro Patch" pothole patcher body from H.D.
Industries, Inc. of Jacksonville, TX for $ 47. I60 installed and delivered with three days of training and a~,/
one year ,varranty. ,~..,')
BUDGET TRANSFER EXI:/IBIT
FROM
Roads & Drainage
Operating Budget Line
Amount
001-23-120
001-23-160
001-23w210
001-23-340
001-23-520
001-23-530
$10,000
$ 5,500
$ 5,000
$ 8,000
$ 3,6O0
$47,160
FRO~.I
· '".,-., H D INDUSTRIES Inc
,...-.'..-'~ · · 5 ·
~ Pro-Patch Pot Hole Patcher
P.O. BOX 82.50, JACKSONVllA. E, TEXAS 75766 · (903) 586-6126
May 14, 1998
City oil Sebastian, FL
1225 .Main
Sebastian, FL 32958
Dear Mr Brennan:
· This is 'a firm quote to The Ci:y of Sebas:ian, FL for a Pro-Pa:ch Po:hole
Paucher model T~ 413-160-DN:
2.
3.
4.
5.
6.
7.
8.
9.
1.1.
12.
13'.
14.
15.
I hope this iaformation will ba helpful
questions please call me a: 1-800-256-6126.
Basic Uni: TCM 415-t60-DH 48": ................................ $27,995.00
Hydraulic Bi-Fold Steel Top Doors: .............................. 2,300.00
Hydraulic Rear Lif= Platform: ......... .......................... 1,495.00
Bomag BW 55 E Roller: ........................................... 4,495.00
S~anley BR45.Jack~mmer: ........................................ 1,695.00
~MT Hydraulic Air Compressor: ' 2 995 00
Air Line Hose Reel & 20' Ho~e: ..... ' ............................... 250.00
Diesel Hose Reel & 20~ Hose: 250 00
Hydraulic Tool Line Hose Reel: .................................... $95.00
35 Gal LP Gas Bo~!e' 59~ O0
Traffic Guide Arrow Board: ........................................ 495.00
P.T.O. Muncie Cable Shift: ........................................ 800.00
Muncie Hydro Thro~le: 200 00
Pick up & Delivery with three (3) days ~raining: ................ 3,000.00
~o you. If you should have any
~ank you.
., !
PRO-PATCH ,
POTHOLE PATCHERI I
0'nf:s available in: 4.25 u
plus truck Chassis or trailer mounted versions, i
tq
!
!
"-,
Pro-Patch Hole Patcher
P.O. BOX 8250, JACKSONVILLE, TEXAS 75766
(903) 586-6126 · F.~LX (903) 586-0904 · 1-800-256-6126 I
City of Sebastian, Florida
Subject: Change Order to C. R. McLellan
Contract for Main Street Manhole
Installation
Approved for Submittal by:
Thomas Frame, City Manager
Exhibits:
EXPENDITURE
REQUIRED: $ 7,500
Agenda No. ~- ~
Department Origin: Public Wo~!gs ~
Patrick Brennan, Director
Date Submitted: 5/20/98
For Agenda of: 5/27/98
AMOUNT BUDGETED:
$169,500
APPROPRIATION
REQUIRED: N/A
~ARY
Council's approval for a change order to C.R. McLellan's annual culvert replacement contract is
requested. The project will be to install a manhole in an existing storm drain under Main Street.
It is necessary to install the manhole to allow for access so that the drain may be rehabilitated as
part of the Main Street Drainage System & Baffle Box project, 23-97-GT003.
RECOMMENDED ACTI[QN
Move to authorize a change order to C.R. McLellan, P.O. 1961 in the amount of $7,500.
City of Sebastian
1225 MAIN STREr-7 g SEBASTIAN, FI_ORIDA 32958
TELEPHONE (561) 589-5490 [] FAX (561) 589-6209
City's Project Name:
Project Number:
CHANGE ORDER NO. 2
Main Street Mainhole
23-97-GT003
Purchase Order #: 1961
Contractor:
Address ·
Contract Date'
C.R. McLellan
4/11/97
To: C.R. McLellan
Contractor
By signatures affixed herein, both the City and the Contract agree to the changes noted below
in the subject Contract. The Contractor is hereby notified to proceed once this document is
executed by both padies.
1. Install manhole in accordance with drawings and specifications and attached proposal
dated 5-21-98-
1 of 2
City of Sebastian Change Order
Project Name'
Project No.
Main Street Manhole
23-97-GT003
Purchase Order:
A) These changes result in the following adjustment of Contract Price:
Contract Pdce Prior to this Change Order
Net (Increase)(Decrease) in Price Resulting from this Change
Current Contract Price Including this Change Order
B) These changes result in the following adjustment of Contract Time
Initial Contract Time
Net (Increase)(Decrease) in Contract Time Re. suiting from this
Change Order
Contractor
BY: BY:
Signature
Printed Name & Title
DATED: ,19__
DATED:
2of'2
1961
$1_26,794.45
$ 7,500.00
$ 134,294.45
na
City of Sebastian
Signature
City Manager
SubmR~ed To:
0£
PROPOSAL
Date:
We hereby' submit price information on the follo-w!ng2
This quotation is good for 30 days.
The above prices are hereby accepted.
Date:
FOR C. R. McLELLAN, INC.
You are authorized to do work as specified.
Signature ~~ ---/~.-
Title
PLEASE SIGN AND RETURN ORIGEWAL TO OUR OFFICE.
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/
..<
0
Z
C~
mm
.~.-~
mil>
-o
Fqz
o~
0 ~"
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N~RTH
Subject: Request for Temporary Position of
Engineering Intern in Public Works
Department
Approved for Submittal by: City Manager
Exhibits:
City of Sebastian, Florida
Agenda No. ~./J~
Department Origin: Public Works
Date Submitted - May 21, 1998
F_or Agenda of: May 27, 1998
EXPENDITURE REQUIRED:
$ 7,000
AMOUNT BUDGETED:
IAPPROPRIATION REQUIRED:
transfers from salar~ savings
SUMMARY STATEMENT
With the increase in various capital projects, there is going to be a need for some temporary
additional help for the City Engineer in light of all the projects currently under way or scheduled
to start shortly. The following is a list of work items which are underway or scheduled to £or the
immediate future:
1. Maps, drawings, upkeep and retrieval. This is an area which has been woefully neglected.
With the acquisition of a CAD system, improvements in this area are expected, however,
there is substantial need to develop a system of archiving infrastructure data, maps and
drawings.
2. Project work is expected to increase this summer. The following activities will require
more staff resources in the Engineering section to adequately address these issues:
a) Paving Program implementation and specification preparation.
b) Road drainage improvement bid specifications and contract administration.
c) Finishing Dempsey Vocelle.
d) Inspecting and acceptance of continuing construction of Collier Creek Estates.
e) Schumann Drive drainage improvement bids specifications and document prep.
f) Administration of 319 Grant bid documents.
g) Consultant administration of bridge repairs.
h) Oversight of construction activities for Cay Corp parking and lighting and sidewalk
improvements on Indian River Drive. ~
3. Drainage complaints and site plan reviews. Drainage complaint reviews are about two
weeks behind due to volume of complaints.
4. Culvert replacement program continues requiring engineering to plan work, prepare
estimates and inspect work.
The incumbent will be assisting in inspections, site plan, drainage complaints and CAD system
work. This will allow the engineer on staff to provide additional assistance in design and
contract administration of the paving and drainage program.
RECOMMENI)ED ACTION
Authorize the hiring of a temporary. Engineering Intern through the end of September 1998.
City of Sebastian, Florida
Subject: Final Plat for Collier Creek
Estates, Phase Two
Approved for Submittal by:
Department Origin: Community. Development
(TH) ~ -
Engineering (MSC)-~4~
Exhibits: Resolution R-98-2~, final plat
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: None
None
Date Submitted · May 20, 1998
For Agenda of: May 27, 1998
APPROPRIATION
REQUTRED: None
SUMMARY
Mr. Harold Adams has applied for approval of the final plat for Collier Creek Estates, Phase Two.
The City Engineer and the City Planner have reviewed the application and recommend approval
with conditions.
Collier Creek Phase Two consists of twenty-two (22) lots and is the second phase of the seven (7)
phase Collier Creek Estates subdivision. Phase Two provided an extension of South Easy Street
and Fleming Street to a point of intersection.
RECOI~IENDED ACTION
Approve Resolution R-98~23.
RESOLUTION NO. R-98-23
A RESOLUTION OF TltE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
SUBDMSION KNOWN AS COLLIER CREEK ESTATES, PHASE
TWO; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mr. Harold Adams has applied for approval of a final plat for a
subdivision known as Collier Creek Estates, Phase Two,
NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR/DA, that:
Section 1. FINAL PLAT APPROVAL. The final plat of Collier Creek
Estates, Phase Two, as prepared by James Fowler dated May 15, 1998 is hereby approved
with the following conditions:
All ditches and swales shall be graded to an acceptable design by the city
engineer prior to release to the City.
Supply detailed drawings of drainage structures on Fleming Street and S.
Easy Street prior to release to the City.
Section 2.
hereby repealed.
CONFLICT. All resolutions or pans of resolutions in conflict are
Section 3.
upon final passage.
EFFECTIVE DATE. This Resolution shall take effect immediately
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote~ the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Loiuse R. Camwight
Councilmember Larry Paul
Councilmember Chuck Neuberger
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day of
The Mayor thereupon declared this Resolution duly passed and adopted this
, 1998.
CITY OF SEBASTIAN, FLORIDA
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
Subject: Proposed Reorganization of
Community Development Department.
Approved for Submittal by: City Manager
Exhibits:
EXPENDITUKE REQUIRED:
No Additional
City of Sebastian, Florida
the Agenda No. ~)-//'7
Department Origin: City Manager
Date Submitted · May 21, 1995
For Agenda of: May 27, 1998
IAMOUNT BUDGETED:
To be provided
APPROPRIATION REQUIRED:
None
SUMMARY STATEMENT
With the departure of Mr. Robert Massarelli, Community Development Director, a determination
relative to the operation of the department is necessary. It is my opinion that the operation needs
to be restructured to capture some efficiencies.
I would recommend that the building operation headed up by Building Official, George Bonacci,
be broken out as a separate department with the responsibility of administrating and enforcing the
appropriate building and housing codes of the City. That would include all duties associated
with contractor licensing and certification, review of construction plans, issuance of building
permits and the inspection of the respective construction permits and the enforcement of
associated building codes. The department would be headed up by Mr. Bonacci as the director
with two building inspectors and three office personnel.
The other portion of the Commtmity Development Department would be entitled the Planning
and Code Enforcement Department. I would propose that Mr. Tracy Hass would head up the
department as the director. In addition to Mr. Hass, Mrs. Jan King would function as a planning
and zoning manager. There would be two existing clerical positions which would be assigned to
the department and there would be two code enforcement officers. The function of the
department would be the administration and enforcement of the City's Land Development Codes
and development review for various advisory boards and the City Cotmcil. The department
would also review applications for individual building permits, and the department would be the
enforcement hand of the City's codes.
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The reorganization as proposed would eliminate one position from the current departmental
structure, namely that of the Director of Community Development. I have discussed this
proposal with lvlr. Bonacci, Mr. Hass and Mrs. King. All are in agreement that this
reorganization would work. This is primarily the result of the completion of a number of large
and complex tasks. Those tasks were the completion of the River Front Study and its adopted
plan, the completion and submittal of the EAR related comprehensive plan amendments, and the
drafting and submittal of the Land Development Code Amendments to the Planning and Zoning
Commission. Not all the work is totally completed, but it has been substantially finished. This
would lessen the demands on existing staff for the foreseeable future ~ ,.~
-If the Council Members were to agree to such reorganization, I ~ould request the right fill a
planner position rain the future. This would be if the load anticipated exceeded what is
anticipated. This would make both Mr. Hass and Mrs. King feel more comfortable should the
demands exceed their level of productivity. Such hiring would only be done under the approval
of the City Council and funding for that position being appropriated only at the same time by the
Council.
If the Council is in support of this concept, I will developed detailed job descriptions for the
Council's review and approval. In the interim, I will direct the staff as constituted to begin
preparation of separate budgets.
RECOMMENDED ACTION
Accept the proposal for reorganization of the Community Development Department into a
Building Department and a Planning and Code Enforcement Department with the City Manager
to bring back to the Council appropriate job descriptions for its review and approval.
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All ditches and swales shall be graded in accordance with the approved
construction drawings prior to the expiration of the one year warranty
period which was established by the City Council on April 16, 1997.
Supply detailed drawings of drainage structures on Fleming Street and S.
Easy Street prior to the expiration of the one year warranty period which
was established by the City Council on April 16, 1997.
City of Sebastian
1225 MAiN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570
May 8, 1996
Valerie Fernandez Settles
4125 Pinta Court
Coral Gables, Florida 33146
Re:
Legal Representation of the City of
Sebasti~, ?lo~da
Dear Ms. Settles:
The purpose of this letter is to confirm certain terms
concerning fees and billing arrangements, and to otherwise
memorialize the general terms and conditions under which you will
provide legal representation to the City of Sebastian
("Agreement").
It is understood that you have been retained to act as a
part time contract City Attorney and to provide general legal
representation to the City. Generally, your representation will
be limited to items covered by the Retainer, as defined herein,
and to those specific matters regarding which you are consulted,
and your engagement is terminable by either pa~y upon thirty
(30) days written notice and payment of all amounts due.
Notwithstanding this, the terms of this Agreement will be subject
to change and evaluation by moth.parties at ~%e end of one (I)
year from the date of execution thereof. Unless otherwise
instructed, in addition to the Retainer Services, as defined
below, you will undertake ts perform any legal services which may
be requested by the City Manager or the City Council. This will
include, without !imitation, representation in the areas of
general local government law, litigation, emplc.v~ent law, land
use law, real property law, environmental law, and ccnstituSiona!
law.
Your fee retainer will be $45,000 per year ("Retainer") .
This retainer, the paymen5 cf which may be divtded into t-~-e!ve
monthly increments of $3,750.00, is specifically designated as a
payment for the following legal services ("Retainer Services"):
Attendance by Valerie Fernandez Settles at regularly
scheduled meetings of the Council (including the
attendance at up to twelve special meetings per year,
at the request of the Council). You will serve as
legal advisor and parliamentarian to the City Council
during these meetings. Attendance at the Planninq &
Zoning Meetings, at the request of the City Manager.
Creation of the framework for a City Legal Department.
This will include the creation of a Legal Department
Administration Program, including a Litigation
'.Management System and Project Assignment Report.
Unlimited telephone consultations between you and City
representatives.
In house presence at City Hall for meetings and
consultations. The exact number of hours and days you
will be present at City Hall will be determined by the
City Manager. You have agreed to a minimum of one full
day per week and up to two full days per week, at the
request of the City Manager. It is agreed that this
requirement is flexible and that it is anticipated that
there may be greater legal needs in one particular
week, depending on the issues faced by the City. You
will work with the City Manager on the efficient
scheduling of your time at City Hall.
The handling of state court, federal district court,
and appellate proceedings not covered by insurance;
Formal mediation and arbitration proceedings, other
than labor negotiations and matters covered by
insurance;
Administrative adjudicatory proceedings within your
area of expertise;
9rafting~ of resolutions, ordinances, regUlations,
agreements, laws and other legal documents as required
~y the City Council and the City Manager.
'Real estate transactions and related matters.
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The City recognizes that all normal and customary legal
services cannot be provided effectively for a fixed slim.
Accordingly, there may be instances where outside counsel may be
retained, or items outside of this Agreement may be handled by
you. Consequently, the City agrees that specified legal services
will be provided by separate billing. Such services shall
include:
Especially complicated litigation and transactions
requiring a high degree of skill and a very substantial
commitment of time; and
2. Labor and Union matters; and
Bond transactions.
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Attendance and representation of the City at quasi-
judicial board meetings, other than City Council
meetings, other than noted below.
Litigation matters covered by the City's insurance. If
the City's carrier does not assign counsel, you will
negotiate with outside counsel to obtain the most cost
effective rates.
6. Other matters not covered by the Retainer Services.
Legal services for separate billing matters will be provided
upon request of, and with the consent of, the City. Professional
services for ~%ese subjects may be provided by you, or outside
counsel who can best provide the service for the benefit of the
city. Ail matters outside of the Retainer will be approved by
the City Manager prior to assignment.
The fees you will charge the City for legal services
rendered in addition to the Retainer Services will be $50 per
hour.. For certain special projects where outside counsel is
necessary, a fee will be agreed upon in advance with the City
Manager. You will negotiate with outside counsel to provide the
City with the lowest possible rates. It is our goal to retain a
local attorneys to represent the City at certain quasi judicial
board meetings. Until one is retained, you will represent these
boards. Representation of the Planning and Zoning Commission is
included in the Retainer .%mount. Representation of other boards
will be billed at $50 per hour.
In addition to the Retainer, the City will be charged for
certain out-of-pocket expenses incurred on the City's behalf.
These include such items as official fees, copying charges,
overnight delivery services, long distance telephone charges and
travel expense (excluding travel to and from Miami, Florida,
except as noted below). The City will not be charged for attorney
travel time from Miami to Sebastian. You will be provided with a
phone line and the part-time use of an existing secretary to
receive phone calls, perform filing activities and sort mail.
You will not be provided with an office at City ~all, but may
utilize space for your weekly visit to the City. You will be
provided with City stationery office supplies and business cards.
You will be reimbursed for travel expenses for travel to and from
Miami, Florida, (not to exceed a ~otal of thirty (30) days of
travel) during the first one hundred and twenty (120) days of the
term of this Agreement. Reimbursement shall not exceed a total
of fifty dollars ($50) per day,
The City will purchase the CD-Rom reference mataria!s
($1500) and a lap top computer (not to exceed $2500) at a capital
expense to serve as the base for its "City Attorney's office."
It 'is understood that there may be other items, such as
subscriptions and legal education, which may be required. These
items will be subject to the approval of the City Manager. You
will work with the City Manager on the Legal Department budget to
bring all legal department matters within the budget and will
make it our goal to lay the groundwork for an in-house leqal
department which will provide the City with the most cost
effective representation, with minimal use of outside counsel.
It is the desire of the city to be satisfied not only with
the quality of your services, but also with the reasonableness of
the fees that you charge for those services. Therefore, you will
attempt to provide as much billing information as the City
requires, and we will discuss with you any billing format that
you would desire. You will keep track of all hours of service to
the City under the Retainer Services and will provide us with
these on a monthly basis.
Statements will be rendered on a monthly basis. Your normal
procedttre is for each statement to set out in detail the se. vices
which have been performed and the nature of the costs which have
been incurred. All statements are due when rendered. The
monthly retainer will be paid on a per month basis, without the
need for a monthly invoice.
The City acknowledges that you have called to our attention
certain particular areas where the ethics of your profession will
specifically govern this representation.
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First, as a matter of professional responsibility to your
clients, you are required in almost all instances to preserve as
confidential all information which clients communicate to you.
Confidences imparted to you by your clients are protected by law
to encourage full and candid communication between lawyers and
clients. You can best represent the City only if you are made
aware of all relevant facts and circumstances.
Second, your client relationship will be with the City
through the city Council and not with its individual employees or
Council Members. It is to the City, through the City Council that
you will owe your professional responsibility. Should there be
any circumstances where any individual involved with the City
feels that his/her interests may differ from those of the City,
such individual should seek separate legal counsel.
VALKRIE FERNANDEZ SETTLES
ATTORNEY AT LAW
Valerie Fernandez Settles
CITY OF SEBASTIAN
LoUise R. Cartwright U
Mayor
ATTEST:
KaUhry~ ~.' 0 ' Hal~o~n
City 'C 1 ez:k
Regular City Council Meeting
May 28, 1997
Page Eighteen
MOTION by Cartwright/Sullivan
I move to adopt Resolution 9%34 as amended.
ROLL CALL:
Mr. Barnes
Mr. Taraeka
Mrs. Cartwright
Mr. Patti
Mrs. Sullivan
MOTION CARRIED 5-0
- aye
- aye
- aye
Mayor Barnes said the press release called for three regular member positions on the Tree
Board, therefore the alternate position vacated by David Cox will have to be readvertised.
97.141/
96.013
Annual R~view of (~ikv Attorney. Contra~t - Deferred frQm 5/14/97(City Manager
Transmittal 5J23/97, Professional Agreern. ent)
The City Manager said he would meet with each City Council member to go over any
suggested changes to the contxact.
Mrs. Cartwright suggested the City Attorney meet with the City Manager also.
The City Manager said he will bring any suggested changes back to City Council when
ready.
15. LNEW BUSINESS
97.158
&cceptance of Grant of Easement from American Legion for Ingress and F_,gress off
Fellsmere Road iht Exchange for In-Kind Services of Gr~ling_ParkingLot and Driveway
(City Manager Trarlsnaittal 5/21/97, Pl:oposed Easement Agreement, Survey Eh'owing)
The City Attorney said she needed to make some non-substantive changes to the easement
agreement.
MOTION by Cartwright/Sullivan
I move to approve the easement agreement between the City of Sebastian and the
American Legion, authorize the City Manager to sign and the City Clerk to attest, subject to
changes of the City Attorney.
ROLL CALL:
Mr. Taracka - aye
Mrs. Camvright - ave
Mr. Paul - ave
Mrs. Sullivan - aye
Mr. Barnes - aye