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Home My WebLink About07081998 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGUI~R MEETING WEDNESDAY, JULY 8, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA DRAFT 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. Thc Pledge of Allegiance was recited. There was a moment of silence. BOLL CALL City Com~gil P(~cnt: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Can'wright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame Acting City Attorney, Tim Smith City Clerk, Katlu3,n O'Halloran Chief of Police, Randy White Acting Public Works Director/City Engineer, Martha Campbell Deputy City Clerk, Sally Maio Regular City Council Meeting July 8, 1998 Page Two DRAFT 98.117A AGI~NDA MODIFICATIONS (,ADDITIONS AND/OR I)I~LETIONS~ Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21} Mayor Sullivan requested that resolutions and financial items not appear on the consent agenda. Following discussion, the City Manager was directed to use his discretion in placing items on the consent agenda based on whether or not the item has potential to be removed for discussion. pROCLAMATIONS. ANNOUNCEMENTS AND/OR PRF, fiENTATIQN~ None. CITY ATTORNEY MATTERS None. CITY MANAGER MATTERS The City Manager reviewed the comments received from Department of Community Affairs regarding the City's Comprehensive Land Use Plan, and reviewed the issues addressed by DCA; reported that no one in indian River County was approved a grant for debrillators and he would bring back an item to the next agenda for funding from another source; suggested that once the water restriction is over, the ordinance should be reviewed for upgrading; reported on a problem with the Main Street pier and said staffhad submitted and been approved for funding from Florida Inland Navigation District; and advised Council that the Capital franchise agreement has been signed as of today with a few minor non-substantive changes, and stated the ordinance will have to come back for amendment. The City Manager introduced Attorney Tim Williams. CONSENT AGENDA All items on the conzmt 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 CiO, Council so requests; in which event, the item will be removed and acted upon separate(p. A. Approval of Minutes - 6/17. 98 Special Meeting(s), 6/24/98 Regular Meeting Adopt Resolution No. R-98-3 [- $ob~tion for Growth Management D~re~tor (Human Resourpcs Transmittal 6/30/98. R-98-31 w/dvac~fiption) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTINO A lOB DESCRIPTION FOR THE JOB OF GROWI'H MANAGEMENT DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLiYI'IONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 2 Regular City Council Meeting July 8, 1998 Page Three DRAFT 98.117B C. 98.117c D. 98.136 E. 98.137 F. 98.138 G. Adopt Rcsolutiou 1',1o. R-98-32 - Job ]~ription for Orowt, h M~gement Manager (Human Resour$~,s Transmittal 6/30/98, R-95-32 w/description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF GROWTH MANAGEMENT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Aq[opt Re~olution No. K-98-33 - Job l)escription.£or 13x, i!~li,rtg Director (Human Resources Tr~smittal 6/30/98, R-~8-33 ~v/~le~cription) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUlqTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF BUILDING DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFrlON IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Schedule Quasi-Judicial Hearing on July 15, 1998 for Application for Permit and Certificate of Public Convenience and Necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast (City Clerk Transmittal 6/30/98, Chapter 106 - Article II) Reject Colonna Construction Annual Concrete Work Bid and Authorize Staff to Pursue Less Formal Bidding Procedure Such as Telephone Quotes Based on Unacceptable Responses on Past Bids (Asst. to City Manager/Public Works Transmittal 7/1/98) Kutch Request for Use of Community Center - 11/21/98 - 4 pm to 8 pm - A/B - Proof of Age Verified - Security Paid (City Clerk Transmittal 6/29/98, Application) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-98-3 I, R-98-32 and R-98-33. Mayor Sullivan removed the 6/17/98 special meeting minutes in item A, and items B, C, and D. Mrs. Cartwright removed items C and D. Mr. Neuberger removed the 6/24/98 regular meeting minutes in item A. MOTION by Cartwright/Neuberger I move to approve items E, F and G of the consent agenda. VOICE VOTE on the motion carried 5-0. Regular City Council Meeting July 8, 1998 Page Four DRAFT A. Approval of Minutes - 6/17/98 Special Meet~g(~.), 6/24/98 Regular Meeting Mayor Sullivan cited the 6/17/98 special meeting minutes on page (circle 7) noting that "and his wife" should be deleted in reference to Vero Councilmember Art Neuberger. Mr. Neuberger cited the 6/24/98 regular meeting minutes on page (circle 22) noting he had said the Dempsey/Vocelle drainage improvement is "working" not "worse". MOTION by Sullivan/Neuberger i would move approval of the minutes of 6/17/98 the special meeting as amended and include the minutes of 6/24/98, the regular meeting. VOICE VOTE on the motion carried 5-0. 98.117A B. fi,~lopt Resolution No. R-98-31 - Job De$~fil~[i~ln for Growth Management Director Mayor Sullivan said she had a problem with two jobs being divided, items B and C. The City Manager said it was his intent that these were title changes for the three people already in the positions; and they were exempt from the union. Mayor Sullivan pointed out a typo in the word "studies." Mrs. Cartwright said the name of thc department had not officially been changed, and requested a time frame. The City Manager said it was his intent to bring this issue to Council at budget time and have an effective date of October 1, 1998 for all the job descriptions. Discussion took place on the manner in which these three job descriptions should be addressed. It was decided to discuss all three at this time. TAPE I - SIDE II (7:47 p.m.) Mrs. Wininger noted the driver's license requirement is missing in the Building Director description; suggested that the requirement for education and the "either/or" allowance be tightened up somewhat. She suggested a clause that one year job experience can be substituted for one year of education be added to job descriptions. Mrs. Cartwright noteA that provisions on page 35 and 41 do allow substitution of experience for education. She requested that the sentence "Portions of the preceding experience requirements may be waived at the discretion of the City Manager." be added to the other two job descriptions. It was the consensus of Council to add the sentence as requested. Regular City Council Meeting July 8, 1998 Page Five DRAFT 98.117B 98.117C 10. MOTION by Sullivan/Cartwright I would move adoption of Resolution R-98-31, job description for Growth Management Director with an effective date of October 1. VOICE VOTE on thc motion carried 5-0. C. Adopt Reso_lution No. K-98-32 - Job Descrigt~Oil£0r Qrowth Management Manager MOTION by Sullivan/Cartwright I'll move to adopt Resolution R-98-32 job description for Growth Management Manager with effective date of October 1, and add "Portions of the preceding experience requirements may be waived at the discretion of the City Manager." VOICE VOTE on the motion carried 5-0. D. Adopt Resol.u[iqn No. R-98-33 ~ Job Descril~tion for,]3_uJl~ling Director MOTION by Cartwright/Neuberger I move to adopt Resolution 98-33 with an effective date of October 1 and the amendment under the last sentence of experience and the driver's license requirement. VOICE VOTE on the motion carried 5-0. ~UBL!C HEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit ofl 0 Minutes Per Speaker · StaffSummation ° Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Regular City Council Meeting July 8, 1998 Page Six DRAFT 98.093 A. 98.110 B. Public Hearirlg Qll Community Development Block Grant (CDBG) Commercial Revitalization Grant Project to Discuss Changes in the Budget. Accompli$11ments and Construction Sqhedule - Authorize Cilb' Manager to Submit Grant Amendment Reguest to DCA, For Identified Buret Modifications (johnson Memo 7/II98. 6/10/98 CATF.MJllutes) Mayor Sullivan opened the public hearing at 8:05 p.m. Robert Johnson, Clark Roumelis and Associates, addressed City Council and responded to their questions about the improvements and budget amendment. In response to Mr. Neuberger, Mr. Johnson said he would confirm that Iow sodium lights are to be used and report back to the City Manager. Mayor Sullivan closed the public hearing at 8:15 p.m. MOTION by Cartwright/Wininger I move to authorize the City Manager to submit a grant amendment request to DCA for the :~ identified budget modifications. (see 7/1/98 Johnson memo attached) ROLL CALL: Mrs. Canwright - aye Mr. Neuberger ~ aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Second Reading, Public Hearing and Final Adoptioo 9f Qrdinan¢eNo. O-98_-05 (City Clerk TransmiRitl 6130/98, 0-98-05) AN ORDINANCE OF THE CITY OF SEBASTIAN', INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-I 67 AND 2-171 OF THE CITY OF SEBASTIAlq CODE OF ORDINANCES RELATINO TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALWICATION AS A CANDIDATE FOR POIZI1CAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM LIMITATIOlqS; PROVIDING FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; PROVIDINO FOR AN EFFECTIVE DATE. (1 st Reading 6/17/98, Advertised Legal 6/24/98, PH 7/8/98) The City Attorney read Ordinance No. O-98-05 by title, and Mayor Sullivan opened the public hearing at 8:16 p.m. There being no input, Mayor Sullivan closed the public hearing. MOTION by Cartwright/Neuberger I move to adopt Ordinance 98-05. 6 Regular City Council Meeting July S, 1998 Page Seven DRAFT 11. TAPE II - SIDE 12. 98.119 ROLL CALL: Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Canwright aye aye aye aye aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Leonard Galbraith, 574 Benedictine Terrace, Sebastian, requested City Council investigate Jerald Smith, whom, he alleges, lied on his application for membership for the Construction Board. Sal Neglia, 461 Georgia Boulevard, Sebastian, said that the water restriction code needs to be addressed; and suggested the restriction not be pdt in effect due to sufficient water. Donald Smith, 208 Poinciana Street, Sebastian, .suggested City Council readress the dispatch system. Bob Ashcroft, 785 George Street, Sebastian, said Council needs to do a little better with its disputes I (8:37 p.m.) based on recent newspaper articles; and recommended looking into a better dispatch system. Mayor Sullivan called recess at 8:39 p.m. and reconvened the meeting at 8:50 p.m. Ail members were present. COMMITTEE REPQRTS/R.~COMMENDATION~ l~udget Advisory Committee (City Clerk Transmittal 7/1/98, Seven Applications) 1. Confwm Five Council Appointees ' MOTION by Cartwright/Wininger I move to con/mn the five appointees to the Budget Advisory Committee. VOICE VOTE on the motion carried 5-0. Regular City Council Meeting July 8, 1998 Page Eight DRAFT 2. Interview and Appoint Two At-Large Members The City Council interviewed Kathleen Brauer. Mrs. Wininger questioned whether a City employee can be a member of a City committee under provisions ofFS 112.313 (10) (a), which she then read. Attorney Williams said he interpreted this provision to mean "the only restriction is that a city employee could not serve on the same committee which employs that city employee" and "the only restriction would be that she could not serve as a city councilmember.", however, he continued that FS 112.3143 (4) "would only restrict her fi.om voting on matters in which she, she oor her family have a direct financial interest." Vice Mayor Wininger stated, for the record, that she is uncomfortable with a City employee serving on a committee, Mrs. Cartwright agreed. Mr. Neuberger said he thought there was no conflict. Mr. Paul said he was concerned there may be a conflict. Mayor Sullivan said it was apparent that the majority of Council had concerns. City Council interviewed Herbert Munsart. MOTION by SullivardWininger I would move to appoint Herbert Munsart to one of the at-large members of the budget VOICE VOTE on the motion carried 5-0. It was decided that the committee should convene while the City Clerk advertises for another member. The City Clerk said she would advertise the position to accept applications until july 17. Other Committee Matters Mr. Paul questioned whether he-would still be considered the voting member on the Treasure Coast Regional Planning Council now that TRCRPC had agreed to add another regular voting member. Mayor Sullivan said that was her intent. Mr. Neuberger reported on today's Metropolitan Planning Organization adoption of the fa'st three parts of the five year Transporation Improvement Plan, and noted they were waiting for the City's airport request to get it in the amendment. The City Manager said he would get that information to the Airport Director. Mr. Neuberger said they had also adopted the Indian River County Horizontal Control Network, a new system of survey markers. He said he had copies, available. Regular City Council Meeting July 8, 1998 Page Nine DRAFT 13. OLD BUSINESS 98.075 A. Authorize (~il~ Manager to Negotiate Agreement with Indian River Cou~ Recreatioo to Handle Iennis Progra~l~.at Schum0an Tennis Courts (Public WQrks~'ransmittal 6/29/98, !~fi~RFP) MOTION. by Sullivan/Wininger I would like to move that we authorize the City Manager to negotiate an agreement with the County but also to add that you have a representative from the Friendly Tennis Club sit in with you because they have a great deal of knowledge on th e program that they're offering and I think they would be very valuable in meeting with the County 'and Mr. Frame. Mr. Paul said he would like to have assurance that Sebastian residents have preference at the courts; and that he hoped the County did not plan to use the four new courts and leave the two old courts for City residents. The City Manager said these provisions could be added to the agreement. Mayor Sullivan called for a vote, some ayes are heard, however, at the same time Mr. Paul said he wanted to add those provisions addressed above. MOTION amended by Paul/Cartwright The motion would be to have primarily the Sebastian residents and children the primary benefactors or use of the courts through the County and also the fact of all four new courts would not be totally used by the County that the courts would be divided so you'd have at least one of the new ones tied in with one of the old ones. Discussion followed on the amendment. It was noted that a final agreement will come back to Council for approval. The City Clerk restated the amendment "Sebastian residents and children preferred Use of the courts and that the four new courts not be used by County only." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - nay Mrs. Wininger - aye MOTION CARRIED 4-1 (Sullivan - nay) ROLL CALL: Mr, Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright ~ aye MOTION CARRIED 5-0 Regular City Council Meeting July 8, 1998 Page Ten DRAFT B. City ~ttorncy Contract (Report Forthcoming) The City Manager stated he had met with Councilmembers and been informed that two Councilmembers had no problem with the contract as it existed, two did have a numbers of problems, and one that would like to explore an in-home attorney; and that he had relayed this to the City Attorney and that she had submitted a revised contract to him. Discussion followed as to whether there was cost study for an in-house attorney and the need for it. Mrs. Cartwright stated "I think what I'd like to do right here and now is move that we, we've just spent too much time on this in the past two years and i haven't seen any changes or progress, and I'd like to move that we, rather than go into renegotiation just offer, exercise our option, I move that we exercise our option of the thirty day notice of termination to the City Attorney". Mayor Sullivan asked, "You want to fire the City Attorney?" IVas. Cartwright responded "Yes ma'am I do. I want to exercise our option to terminate without cause and give her the thirty day notice." Mayor Sullivan asked, "Is there support? Motion dies...." Mr. Paul said "I'll second." Mayor Sullivan stated, "Motion has been moved and supported to terminate the employment of the City Attorney. Roll call?" ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mrs. Wininger : aye Mrs. Cartwfight - aye 'Mr. Neuberger - nay MOTION CARRIED 3-2 (Sullivan, Neuberger - nay) The City Manager said the City Attorney had told him that if the Council was not satisfied with the current agreement she would consider resigning and stay on until such time as the Council can fmd someone. TAPE II - SIDE II (9:37 p.m.) MOTION by Sullivan I move the recommendation of the City Manager. Mrs. Cartwright asked the City Manager to repeat his statement. 10 Regular City Council Meeting July 8, 1998 Page Eleven DRAFT 98.139 14. The City Manager said "what she indicated to me and frankly, well anyhow, her comment was that if the Council was not satii;fied with the current work agreement, that she would consider resigning and would consider to stay on until such time as the Council had satisfactorily found a replacement, she'd be willing to do that and I'm just reporting that information as opposed to just an out and out thirty day drop dead date." Mayor Sullivan said that would be her motion to follow the recommendation of the City Manager, however, motion died for lack of a second. Discussion followed on whether or not Council was properly notified that she would not be in attendance at this meeting; and advertising for the position and whether it be in-house and/or contract. MOTION by Wininger/Cartwright "I would move to repeat the action the Council took two years ago exploring both full time in-house attorney and, I don't want to say pan time, contract attorney, hourly contract attorney, and I'm going to say hourly. I think its very important that it be hourly." VOICE VOTE on the motion carried 3-2 (Sullivan, Neuberger - nay) NE q I US S Request for Approval to_Lease/Rent Fue[Farm Faciliw t~ B & S Investll~ents dba Sebastian Aero Services, I~c. at Sebastian Municipal Airport (Cit~ Manager Transmittal 6/30/98) Following a brief discussion of the proposal, assurance that the City would not pay for any removal of the existing tanks, and that if grants are not approved, the lessee would have to seek funding elsewhere; motion was made. MOTION by Paul/Canwright I move to approve the concept of budgeting $40,000 ($20,000 enterprise fund - $20,000 grant funds) and authorize staff m apply for an economic development grant with FDOT and to bring back an amended lease agreement with B&S Investments for the monthly lease of the fuel farm facility. ROLL CALL: Mrs. Canwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 ll Regular City Council Meeting July 8, 1998 Page Twelve DRAFT 98.140 98.065 C. Authorize City Manager to Purchase Police Department T~le,,phone System Upgrade - Lucent T~hnologies for $_I 0.971 (Police Chief Trat~mittal 6/22/91L Quote) Chief White addressed City Council, noting that is an addition to the existing system. In response to Mr. Paul, the City Attorney said Mr. Paul should abstain from voting on this matter based on his employment with Bellsouth. MOTION by Cartwright/Neuberger I move to waive the normal bidding procedures and authorize the purchase as a sole source purchase and authorize the City Manager to purchase the equipment and installation of the equipment needed to upgrade the police buildiing's existing telephone system from Lucent Technologies for $10,971. ROLL CALL: Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Caw~wight MOTION CARRIED 4-0 - aye - abstained (see form attached) - aye - aye - aye Adopt Resolution No. R-98-30 Authorizing Tranafer of Rea| Properly by QuiLC.~im_Deed and Accept~CC of Ngj~-Excil~ive Drainage and Utility Easements - Adams & Asso~ialg:$ ];&velollersL Inc. (City Manager Transmittal 6/~0/98, Pr0pos~d Oult Claim Dqed and Grant of Easement, Mapo A RESOLLrrION OF THE crrYoF SEBAS~, INDIAN R1VER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOcIJMENTs NECESSARY TO TRANSFER AND CONVEY CERTAIN LAND IN A PORTION OF SEBASTIAN HIGI-iLANDS, UNIT 16 TO ADAMS AND ASSOCIATES DEVELOPERS, INC., AND AUTHORIZIN(} THE ACCEPTANCE BY THE CITY OF A NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENT FROM ADAMS & ASSOCIATES DEVELOPERS, INC. The City Attorney read Resolution No. R-98-30 by rifle. Vice Mayor Winingcr was excused from 10:05 p.m. to 10:10 p.m. The City Manager gave a brief presentation on the proposal for the City to quit claim property along the Collier Waterway to Adams and Associates Developers, Inc. and accept drainage and utility easements from them. The City Engineer said she is not aware that the narrowing of the waterwaY would be a problem. John King, representing Adams and Associates Developers, Inc., said these matters were discussed during preliminary plat approval for Collier Creek Estates, gave a brief history on negotiations with the City Attorney and approval by both attorneys in June of 1997, and now that they have begun Phase III the land swap becomes relevant. He said the purpose of this is to correct legal descriptions. 12 Regular City Council Meeting July 8, 1998 Page Thirteen DRAFT 98.046 D. 98.141 E. 15. Vice Mayor Wininger requested the 4:1 slope be noted in the resolution. Mrs. Cartwright agreed and suggested also that the quit claim deed and the utility easement be attached to the resolution and referred to as exhibits. The City Manager also suggested that references to Collier Creek be changed to Collier Waterway (circle pages 97 and 102); and that references to 15 feet should be changed to 20 feet (circle pages 104 and 98). Mayor Sullivan moved to extend the meeting to 11 pm, there was no second, and Mrs. Cartwright requested that just this item be finished. MOTION by Cartwright/Wininger I move to approve Resolution 98-30 as amended and for the City Manager to add the 4:1 slope requirement. VOICE VOTE on the motion carried 5-0. Being no further extension, Mayor Sullivan adjourned the Regular Meeting at 10:33 p.m. The following items will be addressed at the next regular meeting: Dempsey and Braddock Street Road Repairs (Public Works Transmittal 6/30/98) Request from L.I. Tree Service, Richard Fey, President - Refund of SitePlan Application Fee (City Manager Transmittal 7/1/98, Fey Letter) ~ITY COUNCIL ~TTERS Approved at the 1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 13 ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. WiningeL~ ITEM NO. ROLL CALL2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL ~ALL~ Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright / Mr. Neuberger~ ITEM NO. ROLL CALL 4 ~ Mrs. Sullivan ~ Mrs. Wininger /r Mrs. cmwri t Mr. Neuberger _~// Mr. Paul ITEM NO. ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan~.3 d? SECOND MOTION SECOND MOTION ~-~/C.~ SECOND MOTION .-~/(~ SECOND MOTION SECOND ITEM NO. ROLL CALL 1 Mrs. Cartwright ' Mr. Neuberger Mr. Paul "/ Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CAi& Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger{ Mrs. Cartwright\ Mr. Neuberger. I..d ITEM NO. ROLL C. AI,L Mrs. Sullivan Mrs. Wininger Mrs. Canwdght Mr. Neubcrgcr Mr. Paul dy/ ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivanj MOTION ~ / SECOND MOTION ~//V/ SECOND MOTION 'SECOND MOTION ~/~ SECOND MOTION _/c~~ c~ ..' SECOND ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL Mr. Neuberger Mr. Paul Y Mrs. Sullivan Mrs. Wininger '-/ ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ~ Mr. Ncuberger MOTION SECOND MOTION SECOND 'SECOND ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. /'"L~ ~-- MOTION ROLL CALL 5 ~s. W~ger ~s. C~~t ~s. Sulliv~ ~~~~ SECOND ITEM NO. ROLL CALL, Mrs. Cartwright '/ Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL2 Mr. Neubcrgcr "/ Mr. Paul Mrs. Sullivan "/ Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL Mrs. Sullivan Mrs. Wininger Mrs. cmwd t Mr. Neuberger Mr. Paul .... d '-72`. ~..h/r~ MOTION SECOND MOTION SECOND MOTION 'SECOND SECOND ITEM NO. ROLL CALL5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND 98.065 Adopt Resolution No. R-98-30 Authorizing Transfer of Real Property by Quit Claim Deed and Acceptance of Non-Exclusive Drainage and Utility Easements - Adams & Associates Developers, Inc. (City Manager Transmittal 6/30/98, Proposed Quit Claim Deed and Grant of Easement, Maps) A RESOLUTION OF THE C1TYOF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORITr~IG THE MAYOR AND THE C1TY CLERK TO EXECIYrE A QurrcLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TRANSFER AND CONVEY CERTAIN LAND IN A PORTION OF SEBASTIAN HIGHLANDS, UNIT 16 TO ADAMS AND ASSOCIATES DEVELOPERS, INC., AND AUTHORIZING THE ACCEPTANCE BY THE CITY OF A NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENT FROM ADAMS & ASSOCIATES DEVELOPERS, INC. 13 98.141 Request from L.I. Tree Service, Richard Fey, President - Refund of SitePlan Application Fee (City Manager Transmittal 7/1/98, Fey Letter) 15 15. ~TI_TY COUNCIL MATTERS A. Mayor Ruth Sullivan B. Vice Mayor Martha Wininger C. Mrs. Louise Cartwright D. Mr. Chuck Neuberger E. Mr. Larry Paul 16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 16 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 8, 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. There was a moment of silence. ROLL CALL City {~ouncilPresent: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPr~nt; City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting July 8, 1998 Page Two 6,GENDA MODIFICATIONS (ADDITIONS A~ND/OR DELETIONS] Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) 6. PROCLAMATION$~ AI~IQI~CEMENT$. AND/OR PRESENTATIONS 7. L-~TY ATTORNEY MATTERS 8. CITY MANAGER MATTERS 98.117A 98.117B 98.117C 98.136 98.137 98.138 CONSENT AGENDA All items on the consent agenda are considered to be route'ne 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 - 6/17/98 Special Meeting(s), 6/24/98 Regular Meeting Adopt Resolution No. R-98-3 l -job Description for Growth ~tnagement Director_(,~hanan Resources Transmittal 6/30/98, R-98-31 w/dcscrillfiglt~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIFrION FOR THE JOB OF GROWTI-I MANAGEMENT DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN TIlE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLLrrIoNS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-98-32 - Job Description for Growth Management Manager ([tuman Resources Transmittal 6/30/98, R-98-32 w/description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPIING A JOB DESCRIPTION FOR THE JOB OF GROWTI-I MANAGEMENT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. AdoptKesolution 1~o. R-98-,35 - Job I)escriptio~ ;[or Building Director (Human Resources Transmittal 6/30/98. R-98-~3 w/descriptior0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF BUILDING DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFHON IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREwrrI-I; AND PROVIDING FOR AN EFFECTIVE DATE. Schedule Quasi-Judicial Hearing on July 15, 1998 for Application for Permit and Certificate of Public Convenience and Necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast (City Clerk Transmittal 6/30/98, Chapter 106 - Article II) Reject Colonna Construction Annual Concrete Work Bid and Authorize Staff' to Pursue Less Formal Bidding Procedure Such as Telephone Quotes Based on Unacceptable Responses on Past Bids (Asst. to City Manager/Public Works Transmittal 7/I/98) Kutch Request for Use of Community Center - 11/21/98 - 4 pm to 8 pm - A/B - Proof of Age Verified - Security Paid (City Clerk Transmittal 6/29/98, Application) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-98-31, R- 98-32 and R-98-33. 3 MOTION by ~// / / I move to approve items A, B, C, D, E, F and G of the consent agenda. Approval of Minutes - 6/17/98 Special Meeting(s), 6/24/98 Regular Meeting 98.117A Ad~ Resolution,~o. R-98-31 - Job Descriptign for Growth Management Director 98.117B Adopt Resolution No. R-98-32 - Job Description for Growth Management Manager 98.117C Adopt Resolution No. R-98-33 - Job Description for Building Director 98.136 Schedule Quasi-Judicial Hearing on July 15, 1998 for Application for Permit and Certificate of Public Convenience and Necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast 98.137 Fo Reject Colonna Construction Annual Concrete Work Bid and Authorize Staff to Pursue Less Formal Bidding Procedure Such as Telephone Quotes Based on Unacceptable Responses. on Past Bids 4 98.093 10. [~UBLIC HEfiRING Procedures for public hearings: (R-97-21) o Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution ° StaffPresentation o Public Input - Limit ofl 0 Minutes Per Speaker · StaffSummation ° Mayor Closes Hearing · CouncilAction Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record public Hearing on Community D~velopment Block Grant (.CDI3G) Commercial Revitalization Gr~t Proj~gLI9 Di~$~_(~]~ilt~ges ill fll~ Buglgeg. A¢conll:~lishments and Construction Schg~gl~Io_- Authorize City Manager to Submit Grant Amendment Request tQ DCA For Identified_Budget Modificatigll~ flohnson Memo 7/1/98, 6/10/98 CATF Minutes) 9s.11o B. Sq~o~ld Re0~ling. Public Hearilag and Final Adoption of Ordinance blq~ 0-98-05 l~City Clerk Iransmittal 6/30/98, 0-98-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMIVflTTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHAIJ~ BE DEEMED A TENDER OF RESIGNATION; DELETING COMJvtlTTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVER.ABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 6/17/98, Advertised Legal 6/24/98, PH 7/8/98) 6 11. INTRODUCTION OF NEW BU.$.IbrESS FROM THE PI.~BLI(~ Which is not otherwise on the agenda - sign-up required_ limit often minutes for each speaker 7 98.119 12. COMMITTEE REPORTS/RECOMMENDATIONS A. 15udg~ A~lyisc~ry Committe~ (City Clerk Transmittal 7/1/98, Seven Applications) 1. Confu-m Five Council Appointees 2. Interview and Appoint Two At-Large Members 98.075 13, OLD BUSINESS A. Authorize City Manager to Negotiate Agreement with Indian River County Recreation to Handle Tennis Programs at Schumann Tennis Courts (Public Works Transmittal 6/29/98, Drai~ RFP) 98.139 14. NEW BUSINESS A. Request for Approval to Lease/Rent Fuel Farm Facility to B & S Investments dba Sebastian Aero Services, Inc. at Sebastian Municipal Airport (City Manager Transmittal 6/30/98) 11 98.140 Authorize City Manager to Purchase Police Department Telephone System Upgrade - Lucent Technologies for $10,971 (Police Chief Transmittal 6/22/98, Quote) 12 ITEM NO. ROLL CALL 1 Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CAI& 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL~ Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwdght Mr. Neuberger Mr. Paul MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cart~ght Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND DATE: TO: FROM: July 7, 1998 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-55,70 MEMORANDUM · Mayor and City Counci Members, City Manager, City Attorney Kathryn O'Uallora~k~ ' City Clerk / 7/8/98 Agenda Packet - Budget Advisory Committee Applications We were notified this morning that the back pages of the applications for Herbert Munsart and Kathleen Brauer were not in your agenda packets. Their applications are attached. I apologize for any inconvenience. CC; Press Journal Today PPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committ~ Members Must be Residents of the City of Sebastian) AD, ss: E-MAIL: BUSINESS PHONE:~ o°-g~/g BUSINESS FAX: ARE YOU A REGISTERED VOTER? 7 ~"-~ VOTER REG. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? / 3 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? E-NIAIL: DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH B OARDS/COMlVI1TTEES? y~..~ P°t'lC PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN oRDER OF PREFERENCE WITH FIRST CHOICE BEING # h BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COI~IISSION POLICE RETIREMENT BOARD OF TRUSTLSS RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate rcsurne if' neccss~-y) REASONS FOR. WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SEKVE ON BOAKD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY 0K ANY MISDEMEANOR INVOLVING MORAL TURPITUDE n~ THIS OR ANY STATE? wour~ ',,ou co~sm~ sE?,vnq~ o~ A ~oaav OTi-m~, ~ ~ Om.(. S) S~.L~-Crm I hereby c,~aif3r that I am qualified to hold the position for which this application is made. Further, I hereby authori~ tlm City of Sebastian to investigat~ thc truthfulness of all information which I have provided in this application. I understand that any misrepresamtafion or ommission of information requested in this application is came for disqualification or removal. I have be~n provided with, read and nndexstand City of Sdoastian Code of Ordinanc~ Sections 2-166.'through 2~173 (attached). Information r~lafiv¢ to a specific board or committe~ is available ii'requested. Applicant Signature Subscribed and sworn to before me this O,'~day of ~ , has produced PPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) _BUS.SS: ~f ~-IRZ9 BUSINESS ADDRESS: BUSINESS PHONE: BUSIN'ESS FAX: E-MAIL: _AILEYOUAREGISTEKEDVOTER? ,..fr~_.,~ VOTERREG. NO. q ~,.f"~/9 (~7 . HOW LONG HAVE YOU BEEN A RESIDE~IT OF SEBASTIAN? o= PLEASE CHECK ~ BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTiON BOARD HANDICAPPED SELF-EVALUATION COMMFrTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separata resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SEKVE ON BOARD OR COMMITTEE: WOULDABoVE? YOU CONSmER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED./~M I hereby c~rfify that I am qualified to hold thc position for which this application is made. Further, I hcrcb~ authofiz~ the City of Sebastian to inve~tigat~ thc tmthfi~ess of ail information which I have provided in this application. I understand that any. misr~r~s~ntation or ommission of information mquest~l in this application is cause for disqualification or n:moval. I haw be~n provi&d witlg read and rmcl~ta~d City of'Sebastian Code of'Ordinances Sections 2-166. through 2~173 (attached). Information relative to a sp~ific board ord"nm~ is ~ailable ii'requested. Subscribed and sworn to bcfor~ me this o-f,,~e,~-day of ~ , /~-f-~o,. by , who~ ,'.rsonallv to me, or has produced is / x/ - - , ,- '~WI~ - fo~m~ .;at~phcat.wpd Herber~ Hunsarz la64 Seahouse ~reet,$ebastian,F!. 3295~ i945-1946-- Attended N.J. institute of Technology, Engineering studies. Education: May,1949..B.S.Degree,Accoun~ing,Ru~gers Univ. School ,of Business 1952 ..... C.P.A.Certificate, State of Background: Various accounting positions from 19&7 to !956 February,1956..opened my own office for the practice of Public Accounting. Sold accounting practice May,19 92 and retired. Served on the Planning Board ,Town of Woodc!iff Lake, N.J. for 2½ years in the mid-70's. Served on the Citizens Sewer Committee, Woodcliff Lak~ N.J. from above for another 3 years, ~hi!e the ~,hol~ town had sewers installed. Was active in Junior Achievement Program, American Heart Assoc.,Bergan Passaic Chapter as Treasurer,Amer Heart Assoc.,N.J. State Divi£i~,n,Treasurer., Boy Scouts, Various positions wi~h N.j. Society of C. P.A.'s., Advised several clients in the construction industry as their accountant and financial consultant.Also did ilunicipal Auditing and assisted in the preparation of budgets. June,1993. .. Appointed as Second Alternate to the Planning & Zoning Commission. October 27,1993..Appointed as First A!terna~e on the Planning & Zoning Commission. May tl, 1994 to present Appointed as a Regular Member on the Plann~ng & Zoning Commission. 6-20-98 I City of Sebastian 1225 MAIN STREET g SEiBASTIAN, FLORIDA TELEPHONE (561) 589-5.'.'.'.330 ~ FAX (561) 589-E570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 8, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals 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 PLEDGE OF ALLEGIANCE MOMENT OF SILENCE 4. KOLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/~)~t DELETIONS] Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) PI~OCLAMATIONS, ANNOUNCEMENTS AND/OR P]~I~SENTATIONS CITY ATTORNEy MATTERS S. OTY MANAGER MATTERS 1-22 98.117A 23-29 98.117B 31-36 98.117C 37-42 98.136 43-51 98.137 53 98.138 55-56 e COB!SENT 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. Approval of Minutes - 6/17/98 Special Meeting(s), 6/24/98 Regular Meeting Padopt_Kesolution No~ R-98-3_1 - Job Description for Growth Management Director (Human ~,,~sources Transmittal 6/~0/91~..K:915/31 w/&~vffillfi~n) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIFrlON FOR THE JOB OF GROWTH MANAGEMENT DIR.ECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLLrrlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R-98-32 - Job Description for Growth Management Manager (Human Resources Transmittal 6/30/98, R-98.32 w/descriptiOn) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIFI~ON FOR THE JOB OF GROW'EH MANAGEMENT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE cYrY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROV~ING FOR REPEAL OF RESOLLrIIONS OR PARTS OF RESOLLrlXONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN · EFFECTIVE DATE. '~ 1 Adopt Resolution No. R-98-33 - Job Description for Building Director (.Human Resources Transmittal 6/30/98, R-98-33_ w/description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRII~TION FOR THE JOB OF BUILDING DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFIION 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. Schedule Quasi-Judicial Hearing on July 15, 1998 for Application for Permit and Certificate of Public Convenience and Necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast (City Clerk Transmittal 6/30/98, Chapter 106 - Article II) Reject Colonna Construction Annual Concrete Work Bid and Authorize Staff to Pursue Less Formal Bidding Procedure Such as Telephone Quotes Based on Unacceptable Responses on Past Bids (Asst. to City Manager/Public Works Transmittal 7/1/98) Kutch Request for Use of Community Center - 11/21/98 - 4 pm to 8 pm - MB - Proof of Age Verified - Security Paid (City Clerk Transmittal 6/29/98, Application) 98.093 $~61 98.110 63-67 98.119 69-87 98.075 8~90 98.118 10. 11. 12. 13. PUBLIC HI~ARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution o Staff Presentation · Public Input - Limit oflOMinutes Per Speaker · StaffSummation · Mayor Closes Hearing ° Council Action Anyone lgishing to Speak is Asked to Sign Up Prior to the Meeting When Called go to the Podium and State His/Her Name for the Record Public Hearing on Community Development Block Grant (CDBG) Commercial Revitalization Grant Project to Discuss Changes in the Budget, Accomplishments and Construction Schedule - Authorize City Manager to Submit Grant Amendment Request to DCA For Identified Budget Modifications (Johnson Memo 7/1/98, 6/10/98 CATF Minutes) Second Reading, Public Hearing and Final Adoption of Ordinance No. O-98-05 (City Clerk Transmittal 6/30/98, 0-98-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167- AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMNffrTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Re.~ding 6/17/98, Advertised L~gal 6/24/98, PH 7/8/98) !NTI~O]DUL~ION OF NJ~W BUSINES$ FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE I~EPORTSfRECOMM EL~D. ATIONS Budget Advisory Comn~ttee (City Clerk Transmittal 7/1/98, Seven Applications) Confu'm Five Council Appointees Interview and Appoint Two At-Large Members OLD BUSIJ~S Authorize City Manager to Negotiate Agreement with Indian River County Recreation to Handle Tennis Programs at Schumann Tennis Courts (Public Works Transmittal 6/29/98, Draft RFP) B. City Attorney Contract (Report Forthcoming) 14. NEW BUSINESS 98.139 Request for Approval to LcasdRcnt Fucl Farm Facility to B & S Investments dba Sebastian Aero 91 Services, Inc. at Sebastian Municipal Airport (City Manager Transmittal 6/30/98) 98.140 93-94 Authorize City Manager to Purchase Police Department Telephone System Upgrade - Lucent Technologies for $10,971 (Police Chief Transmittal 6/22/98, Quote) 98.065 95-109 Adopt Resolution No. R.98-30 Authorizing Transfer of Real Property by Quit Claim Deed and Acceptance of Non-Exclusive Drainage and Utility Easements - Adams & Associates Developers, Inc. (City Manager Transmittal 6/30/98, Proposed Quit Claim Deed and Grant of Easement, Maps) A RESOLUTION OF THE C1TYOF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TIIANSFER AND CONVEY CERTAIN LAND IN A PORTION OF SEBASTIAN HIGItIAuNDS, UNiT 16 TO ADAMS AND ASSOCIATES DEVELOPERS, INC., AND ALrI~ORIZINO THE ACCEPTANCE BY ~ CITY OF A NON- EXCLUSIVE DRAINAGE AND LrrILITY EASE~ FROM ADAMS & ASSOCIATES DEVELOPERS, INC. 98.046 111 Dempsey and Braddock Street Road Repairs (Public Works Transmittal 6/30/98) 98.141 113-114 Eo Request fi.om L.I. Tree Service, Richard Fey, President - Refund of SitePlan Application Fee (City Manager Transmittal 7/1/98, Fey Letter) 15. CITY COUNCIL MATrl~R5 B. C. D. E. Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul 16. ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NggD A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATlM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY AND EViDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERI AN$ WITH DISABILITIES ACT (ADA), ANYONE VeTtO NEEDS A SPECL4L ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CIIT'S ADA COORDINATOR AT 589-5330 AT LEAST 48 ItOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Ut~comlng Meetings: · SpecialMeeting (Quasi) - Wednesday, July 15. 1998 (~ 7 pm o Workshop (Code EnforcemenO - Wednesday, duly 15, 1998following special meeting Budget Workshop - Tuesday, duly 21, 1998 (~ 7pm · RegularMeeting - Wednesday, duly 22, 1998 (~ 7pm . Budget Workshop (if needed) - Thursday, July 23. 1998 (~ 7pm · Public Forum - Wednesday, duly 29. 1998 (~ 7pm 4 City of Sebastian 122E MAIN STRE_=T o SEF~ASTIAN, FLORIDA TELEFHONE (561) 589-5330 c~ FAX (E61) 589-5...=70 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASi-JUDICIAL HEARING(S) WEDNESDAY, JUNE 17, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CAI~ l~ Ci~ C,_ouncil Present: Mayor Ruth Sullivan Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul GiIy Council Absent: Vice Mayor Martha Wininger (excused) ~0ffPrcsent: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Plata,er, Tracy Hass Ci.ty Clerk, Katlu~. O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting June 17, 1998 Page Two 98.088 QUASI-JUDiCiAL PUBLIC HE.3JI, I~IG(~L EIblAL ADOPTION (Procedures on Back of Agenda) Resolution No. Pa-98-25 - Collier Club PUD - $0lldmining Special Use P~rmit (Planning Transmittal 6/10/98, R-98-25, Application, Staff Report, Location Map) A RESOLUTION OF THE CTrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORJDA, GRANTING A SPECIAL USE PERMIT AND MINING PERMIt TO bllL CiIUCt~ MECIILtNC ONb-Tl~ MfiNAGEMENT GROUP, INC. FOR A SAND MINE AT THE CO! J-IleR CLUB PUD SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HE1LEWrrH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Williams read Resolution No. R-98-25 by title, and Mayor Sullivan opened the hearing at 7:02 p.m. All affected parties waived administration of an oath by other affected parties. Steve Melchiore, representing Onsite Management, Inc. addressed City Council on the need for a mining permit to allow excavation of lakes to comply with the approved on site stormwater management system and removal of the material fi'om the site; said the work should be done within 90 days; and that the lakes will be approximately eight feet deep. The City Planner said he had contacted Indian River County regarding access onto Roseland Road; said the applicant had requested a waiver of the bonds; and stated, "Staffdoes not fred the mining permit to be detrimental to the public safety, health, or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located and the use requested is consistent with the purpose and intent of the respective zoning district and can be demonstrated to be similar in nature and compatible with uses in the zoning district. With that, the proposed sandmining special use permit is consistent with the land development code, comprehensive plan, code of ordinances; the Planning and Zoning Board has adopted the staff report and recommends approval to the City Council and the staff, as well, would recommend approval of Resolution No. R-98-25 with the following conditions: 1) hours of operation shall be 7 am to 5 pm Monday through Friday; 2) the property to be excavated shall be posted 'no trespassing'; 3) the required compliance and restoration bonds shall be posted; and 4) applicant shall provide permanent project boundary comers with intermediate stakes at a minim',m of 300 feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field in accordance with the approved plans for the permit." Mrs. Cartwright disagreed with making Indian River County approval relative to the Roseland Road access a condition of Council's approval, stating notification should be sufficient; and recommended the special use permit be issued to "Onsite Management Group, Inc." rather than "Chuck Mechling" as stated in the revised resolution title. Attorney Williams agreed with that amendment. Special City Council Meeting lune 17, 1998 Page Three Approved at the Mayor Sullivan asked why there was no reference to the Airport Drive improvement, and the City Manager responded that the issue of Airport Drive East is a separate issue; and will have to be addressed at a later time and brought back to Council. Mr. Paul questioned the necessity for the bonds, and the City Manager said there should be some minimum bond requirement to ensure that restoration is completed, however, suggested that perhaps the bond could be tied to a specific phase scheduled for excavation rather than the entire site. Mr. Melchiore said the area to be cleared is approximately 13 acres; and suggested submitting one combination $13,000 bond for the term of the excavation, and have the City hold it until inspected and approved. Following a brief discussion, City Council concurred. Walter Good, 414 Ponoka Slxeet, Sebastian, affected opponent, objected to the hours of operation. Mayor Sullivan closed the public information period. The City Planner again recommended approval with conditions as outlined by Council tonight. Mayor Sullivan closed the public heating at 7:42 p.m. MOTION by Cartwright/Paul I move to approve Resolution R-98-25 with the amendment to the title, deleting Mr. Chuck Mechling and adding On.site Management Group, Inc. and condition number 3 adding the words for 13 acres at the end of that sentence so it would read "The required compliance and restoration bond shall be posted based on 13 acres." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - absent MOTION CARRIED 4-0 Being no further business, Mayor Sullivan adjourned the Special Meeting at 7:43 p.m. ,1998, Regular City Council Meeting. Kathr~-n M. O'Halloran, CMC/AAE Ci,ty Clerk Ruth Sullivan Mayor I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32_~58 TELEPHONE (561) 589-5330 a FAX (561) MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, JUNE 17, 1998 FOLLOWING QUASI-JUDICIAL HEARING CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA PUI~QS_~: COMPLETION OF ITEMS NOT ADDRE.~ED AT JUNE I0, 1998 REGUL-IR MEETING Mayor Sullivan called thc Special Meeting to order at 7:44 p.m. ROLL CA.LL Cily Council Present: Mayor Ruth Sullivan Mrs. Louise Canwright Mr. Chuck Ncubergcr Mr. Lorry Paul Cib, Council Absent: Vice Mayor Martha Winingcr (excused) StaffPresent: City Manager, Thomas Frame Acting City Attom~, Tim Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting June 17, 1998 Page Two MOTION by CartwrightlPaul I move to modify the agenda to move up item 5B to right after 3C. VOICE VOTE carried 4-0. TAPE I - SIDE ii (7:47 p.m.) ITEMS CAp, RIED FQRWARD FROM JUNE 10. 1998 3, COMMITTEI~ MATrEI~ 98.008 Boar4 of A~ustment Interview Applicants and Appoint as Follows: 1. Two Regular Members with Terms to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) City Council interviewed Ronald DeVito. Mr. Nicolini was unable to attend. MOTION by Paul/Neuberger I move that we reappoint Ronald DeVito and Louis Nicolini. VOICE VOTE on the motion carried 4-0. 98.009 Cod~ ~lfforcement Board Interview Applicants and Appoint as Follows or Direct Clerk to Readvertise: 1. One Regular Member Subcontractor Position - Unexpired Term to Expire2/2000 2. One Regular Member General Contractor Position - Unexpired Term to Expire 6/99 3. One Alternate Member - Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Three Applications, Ad, Member List, Section 2-179 of Code) In response to Mayor Sullivan, the City Clerk said Florida Statutes states that if you don't have people in those professions you may choose another person to replace them. City Council interviewed Alan Schofield, 734 Rose Avenue, Sebastian; and Donna Merrit, 754 Martin Avenue, Sebastian, Mr. Cavallo was unable to attend. MOTION by SullivardCartwright I would move the appointment of Alan Schofield to the regular member with a term to expire 2/2000. VOICE VOTE on the motion carried 4-0. MOTION by Cartwright/Sullivan I move to appoint Mr. Cavallo to the re~lar member position unexpired term to expired 6/99. VOICE VOTE on the motion carried 4-0. Special City Council Meeting June 17, 1998 Page Three MOTION by Cartwright/Paul I move to appoint Ms. Men'itt to the alternate member position term to expire 6/200 I. VOICE VOTE on the motion carried 4-0. 98.036 Planning and Zoni~g. Coll;tmission Interview Applicants and Appoint as Follows: 1. One Regular Member with Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) City Council interviewed Joseph Schulke. Ms. Kuveikis was not able to attend. MOTION by Sullivan/Paul I would move the appoinment of Joe Schulke for the regular term to expire 6/2001. Mayor Sullivan publicly cormnended Mr. Schulke for his work on Planning and Zoning. VOICE VOTE on the motion carded 4-0. Mayor Sullivan recognized Veto Beach City Councilmember Art Neuberger and( '~ '~in the audience. 98.125 5B. Side Yard Dit.c,]l Request l~v Mr, O, Mrs. Lawrence BartQn for Lots 17 & 18, Block 65, Unit 2 Seb~ti~ Highlands (Ci[y Manager Transmittal 6/4/98. Barton Letter, Survey, Septic Tank Permi0 The City Manager gave a brief presentation on the matter (see attached). Lawrence Barton, 656 Vocelle Avenue, Sebastian, sought City Council assistance on the 350 MaIn Street property on which he is currently contracting a house. A rather lengthy discussion followed on the length of time this pipe has been in place, the question of responsibility for financing, a cost estimate submitted by the City Manager which suggested that approximately $12,500 would be the property owners' responsibility, and a suggestion by the City Manager that dirt stockpiled by the City. from other City culvert projects be offered. TAPE II - SIDE I (8:37 p.m.) MOTION by Cartwright/Sullivan I move that Council authorize staff to proceed with the negotiation for this project not to exceed $12,000 and to cover the e.,dsting pipe under the road and necessary, expenditures for that project and to include the appropriation of funds from the capital projects budget. Special City Council Meeting June 17, 1998 Page Four 98.117 ROLL CALL: Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul - aye - absent - aye - aye - aye MOTION CARRIED 4-0 The City Manager said, "what I heard the Council say is that you're authorizing $12,000 towards this project, if we can fred a way to fund the rest of the project through, I would believe private contributions, including the provision of providing fill fxom the City fill that we have." Mayor Sullivan called recess at 8:52 p.m. and reconvened the meeting at 9:10 p.m. All members were present. OLD BUSINE~ Proposed Reorganization of Community Dcvel0p. lnent Department (Ci~ Manager Transmittal 5/21/98, Proposed Job DescrJl;)Ijons] The City Manager reiterated his proposal to divide the department into a planning and code enforcement department; and a building department4 reserved the right to add an additional planner in the future if needed; and said it had been suggested by Les Solin that references to "Community Development Director" ia previously adopted ordinances not yet codified can be changed to "administrative official as appointed by the City Manager." It was the consensus of Council to call the departments "Building Department" and', "Growth Management Department". The City Manager said he would bring back the job descriptions revised for final adoption. 98.110 N'E.W BUSINESS A. [~t Reading of Revised Ordi~itllCe lqo. O-98-05 - Board Procedtl~s - Schedule Public Heating for 7/8/98 (CiD Clerk Trans/0jcal 6/5/98. Revised O-98-053 AN ORDINANCE OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCF_.~q RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIHCATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMrI'It, ES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; · PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read revised Ordinance No. O-98-05 bv title. 4 Special City Council Meeting June 17, 1998 Page Five MOTION by Paul/Neuberger I move to approve the first reading of Ordinance 0-98-05 and schedule the second reading and public hearing for July 8, 1998. ROLL CALL: Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 6. Being no further business, Mayor Sullivan ..adjourned the Special Meeting at 9:30 p.m. Approved at the ,1998, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor 5 I 1225 MAIN STRE_=T ~ SEBASTIAN, FLORIgA 3~-~a TELE?HONE (5~1) ~9-5330 ~ FAX (5~1) ~9-~70 SEBAS~N CI~ COUNC~ MINUTES REGULAR MEETING WEDNESDAY, JUNE 24, 1998 - 7:00 P.M. CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Q0.un.cil Pr$~ent: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPreo~nt[ City Manager, Thomas Frame City Attorney, Valerie Settles Acting Public Works Director/Ci .ty Engineer, lvlartha Campbell Police Chief, Randy White Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley Regular City Council Meeting June 24, 1998 Page Two 98.126 98.127 Mayor said to provide all Council members the oppommity to speak, she will rotate the order when calling for input from members on an item, and that Council members request to be recognized by the Chair before they speak for the benefit of the listening audience. AGENDA MODIFICATIONS (ostI~DITIONS AND/OR DI~I~ETION$~} Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) None. PROCLAMATIONS, ANNOUNCEMENTS AND/QR PRESENT&TIONS Presentation ofSebastiall ~y~l: Arca_Cg~rlet_by Sebastip, n River Jtmior Wqqlan's Club (Richter Letter ~;/I 0/983 Ann Richter and Teddy Hulse, on behalf of the Sebastian River Junior Woman's Club, presented a Sebastian River Area coverlet to the City of Sebastian. LTITY ATTORLNEY MATT]~RS The City Attorney distributed the final order on the Libertino vs City of Sebastian case, advising that Council will be required to conduct a new hearing on the application for special use permit, at which time both sides will be allowed to provide new evidence. CITY MANAGER MATTERS A. ~grkshop Schedule Following a brief explanation of the need for workshops for review of the telecommunications ordinance, cable franchise, code enforcement procedures, minor issues such as uniform speed limit, and review for adoption of the entire Land Development Code; City Council concurred with scheduling workshops for the telecommunications ordinance and cable franchise review for July 1, 1998, and code enforcement procedures for July 15, 1998 following the special meeting scheduled for a quasi-judicial heating on that date, The City Attorney said she would be unavailable for July 15, and the City Manager said he would contact attorney Kevin MacWilliams to see if be mulct attend. It was noted that there may be time after the July 29, 1998 public forum, that there are Wednesdays available in August. Mayor Sullivan said she preferred to have workshops on available Wednesdays or following quasi hearings. Mrs. Cartwright suggested available Tuesdays or Thursdays. The Citv Manager said he will come back following these scheduled workshops to schedule Land Development Code workshops. Regular City Council Meeting June 24, 1998 Page Three 98.001 98.128/ 97.277 98.057 98.026 98.129 98.130 98.131 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. 6/10/98 Regular Meeting Resolution No. R-98-26 - Falcon Cable Franchise Extension to 9/4/98 (City Manager Transmittal 6/18/98, R-98-26) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ORANTiNO AN EXTENSION OF AN EXISTINO NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDD BY PASSAOE OF AN ADDITIONAL RESOLUTION OF THE CiTY COUNCIL; PROVIDINO FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Pelice Department I-B/AC - Change Order to Hansen Engineers Re: Independent Test and Balance Not to Exceed $7,000 and Approval for Final Air Quality Analysis by Wil Spaul, Inc. in the Amount of $4,500 - Funds fi.om Non-Departmental Undistributed Account (Assr to City Manager/Purchasing Transmittal 6/18/98, Hansen Engineers Letter, Spaul Letter) Authorize City Manager and Police Chief to Seek Approval of COPS-MORE '98 Grant and to Implement if Awarded (Police Chief Memo 6/17/98) Authorize City Manager to Execute Agreement with Kimley-Hom and Associates for Structural Engineering in an Amount Not to Exceed $34,520 (Public Wot 'ks/City Engineer Transmittal 6/17/98, Scope of Services) Sebastian River Art Club Use of Riverview Park for Annual Shows with Standard Conditions - 11/21/98 (11/22/98 Raindate), 12/12/98 (12/13/98 Raindate), 1/16/99 (i/17/99 Raindate), 2/20/99 & 2/21/99, 3/20/99 (3/21/99 Raindate), 4/17/99 (4/18/99 Raindate)(City Clerk Transmittal 6/16/98, Ritenour Letter 6l 16/98) Craft Club of Sebastian Use of Riverview Park for Annual Shows with Standard Conditions - 10/3/98 (10/4/98 Raindate), 11/7/98 (11/8/98 Raindate), 12/5/98 and 12/6/98, 1/2/99 (1/3/99 Raindate), 2/6/99 (2/7/99 Raindate), 3/6/99 (3/7/99 Raindate), 4/3/99 (4/4/99 Raindate), 5/1/99 (5/2/99 Raindate) (City. Clerk Transmittal 6/I 8/99, GoNe Letter 6/1/98) Vero BeacMndian River County. Recreation Request for Temporary. Closing of Indian River Drive and Use of Riverview Park Halloween Parade and Judging - Electricity - Reserve Community Center in Event of Rain - 10/31/98 (City. Clerk Transmittal 5/6/98, Burdick Letter 5/6/98) Regular City Council Meeting June 24, 1998 Page Four 98.001 B. The City Manager read the consent agenda and the City Attorney read Resolution No. R-98-26 by title. Mayor Sullivan removed item A and Mr. Neuberger removed items B and C. MOTION by Cartwright/Neuberger I move to approve itema D, E, F, G and H of the consent agenda. ROLL CALL: Mrs. Cartwfight - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 ~ppmval of Minutes - 6/_10/98 Regular Me~ljog Mayor Sullivan amended the minutes as follows: pg 4 - Mayor Sullivan Matters - add Janet Isman's name on line one; pg 11 - change "time" to "mileage" on line six. MOTION by Sullivan/Neuberger I would move approval of the minutes of 6/10/98 as amended. VOICE VOTE on the motion carried 5-0. Re~oJution_No. K-9g-26 - Falcon Cable Franchise Extensiottto 9/4/98 Mr. Neuberger inquired whether the 60 day extension can be reducexl and Mrs. Wininger agreM that too many extensions have been granted. The City Attorney explained that now that final legislation has been received the city can move forward and that a new ordinance and agreement, once adopted, will supersede the existing agreement. It was the eonsensns of Council to authorize the City Manager to invite Ken Vickers to participate in the July 1 st workshop. MOTION by Neuberger/Cartwright I make a motion to approve Resolution R-98-26. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mra. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 i i I I I I I I I I I I I I I I I I Regular City Council Meeting June 24, 1998 Page Five 98.128/ C. 97.277 ~li_ce_12~partment HVAC - Change_Orqler [o H0msen Engineers R_e: IndepertOCnt Test and Balance ['lot ~o Exceed $7.090 and Allprov_al fc~r Final Air Ouali~ Analysis by Will Spaul..Jllc. in the Amount of $4,500 - Funds fi.om Non-De, llartmental Undistribuled Accounl[ Mr. Neuberger stated that the contractor should be required to certify his own work and make corrections if needed. TAPE I - SIDE II (7:45 p.m.) Discussion followed on the need for the independent test and balance. It was noted that the agenda incorrectly reflected a cost of $2,500 for Wil Spaul and that it should read $4,500. Vice Mayor Wininger requested that when funds are to come from non-departmental, a running balance be provided. The City Attorney advised that Council take extra precautions based on the troubled history of the building. MOTION by Cartwfight/Paul I move to approve item C of the consent agenda. In response to Mr. Paul, the City Manager said he could try to negotiate the price with Hansen Engineers. ROLLCALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - ave Mr. Neuberger - nay MOTION CARRIED 4-1 (Neuberger - nay) Regular City Council Meeting June 24, 1998 Page Six 10. pUBLIC HI~ARING 98.108B A. :Second Reading, Public Heating and Final_Adoption of Ordinance No. O-98-09 - Reside~ltjill Solid Waste Collection Franchise (City Manager Transmittal 6/18/98. O-98-09LA greement) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCI--IISE TO R & R CORPORATE SYSTEMS, INC DBA CAPITAL SANITATION; PROVIDING FOR DEFINITIONS; PROVIDINO FOR. A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDINO FOR A DESCRIPTION OF SERVICES TO BE PERFOR3/IED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTIN{3 RATES; PROVIDINO FOR FORFErrURE; PROVIDINO FOR CONFLICTS; PROVIDING FOR CODWICATION; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDINO FOR AN EFFECTIVE DATE. Oat Reading 6/10/98, Advertised Legal Notices 6/13/98, PH 6/24/98) Thc City Attorney read Ordinance No. 0-98-09 by title, and Mayor Sullivan opened the hearing at 8:05 p.m. The City Manager gave a brief presentation, however, being no other input, Mayor Sullivan closed the hearing at 8:08 p.m. MOTION by Cartwright/Paul I move to adopt Ordinance O-98-09. Mr. Neuberger noted a typo on page 2 "part"; and questioned definitions for certain infractions. The City Manager explained the meaning of legitimate complaint, noting that when resolved there would be no fine. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. C~twright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 Authgrize_Cit7 Manager jo ~x~cute Exclusive [r. aochise Agreement Betw!:~.n R & R Corpqr_al~q: System$...l~¢ ~ {2apitai Sanitation and City of S~bilstian (See TransmittaL3bove - This hearing) MOTION by CamwightdSullivan I move to authorize the City. Manager to execute the exclusive franchise agreement with R.&R Corporate Systems. Regular City Council Meeting June 24, 1998 Page Seven 11, 12. 13. ROLL CALL: Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan - aye - aye - aye - aye MOTION CARRIED 5-0 INTRODUCTION OF kNEW BUSINESS FROM T}~ Which is not otherwise on the agenda, sign-up required - limit often minutes for each speaker Tut Connelly, 149 Kildare Drive, Sebastian, objected to use of utility taxes and franchise fees, and asked for an answer to his May 30, 1996 letter regarding Fellsmere's repeal of the utility tax. Harry Thomas, 654 Balboa Street, Sebastian, said funds collected from these fees should be placed in escrow for future needs. Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to the City Manager giving the former Community Development Director severance pay without Council approval. Walter Barnes, 402 Azine Terrace, Sebostian, recommended that Pat Richter, who was instrumental in obtaining the grant for the BSSC green building renovation be sent a letter of thanks; suggested she be utilized for future grants; noted the important job Council has with its many upcoming meetings and workshops; and asked if the personnel procedures, including department head evaluation policies, had been completed. The City Manager said Paul Horsey is working on the procedures. Mayor Sullivan called recess at 8:30 p.m. and reconvened the meeting at 8:47 p.m. All members xvere present. COMMYI32EE REPORTS/RECOMMENDATIONS None. OLD BUSi~ None. 7 Regular City Council Meeting June 24, 1998 Page Eight 14. NEW BUSINESS 98.119 A. l~esolution No. R-98-27 - Establi~lling Temporary Budget Advisory_ Committe~,(Backup F~rthcoming) The City Attorney read Resolution R-98-27 by title. The City Manager explained that he amended the submittal of the committees' comments to "prior to tn:st hearing", due to lack of time prior to the first budget workshop on July 21. He said a special meeting may have to be scheduled to receive their report prior to September 2. TAPE II - SiDE I (8:52 p.m.) The City Attorney suggested that their report also be in writing. Mrs. Cartwright suggested receiving a copy of their meeting m~nutes. Mr. Neuberger reminded Council that its appointees must fill out application. MOTION by Neuberger/Sullivan I make a motion to accept R-98-27. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye 98.132 B. MOTION CARRIED 5-0 lnterlocal P, grogment with Indian_RiYer County - Blossom Ditch Outfall (Public Works Director/Ci~ t~ngineer TransmittaL6/17/98, Prgl~9~l P,~CClrl~llt,) Mrs. Cartwright recommended describing the ditch in paragraph two, and adding "baffle box and drainage ouffall" in paragraph 5. The City Engineer said the scope of services would outline what the improvements would be, but that it could state "drainage pipe and baffiebox". MOTION by Camvright/Neuberger I move to approve the interlocal agreement with Indian River County for the engineering, permitting, and construction of the baffle box and drainage outfall for Blossom ditch including the paragraph five addition recommended by City staff. ROLL CALL: Mr. Neuberger - ave Mr. Paul - ave Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Camvright - aye MOTION CARRIED 5-0 I I i I I I I I I I i i I I I i I I Regular City Council Meeting June 24, 1998 Page Nine 98.133 C. Aq¢orize Purchase OrOer with ~;henando~h Construction in the AmocBt of $20,72~ for Main SCr_eet Draillagq~ Pipe Rell~bilitafion (Publj~: Works Directo. ff_..Cit7 l~nginq~r Transmittal 6/17/98) The City Manager said this project will be piggy-backed offof an FDOT contract. MOTION by Neuberger/Cartwright I move to approve the Main Street drainage pipe rehabilitation by Shenandoah Construction with an expense required of $20,725. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Wininger - aye Mrs. Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 98.093 D. Approval of CgntraPt Between Ranger Cotll~tr~¢tion Industries, Inc..and City of Seba,~_tiatl_f0r C0mmuniw Development Bloc]~ Grant lnlllrov~ments - $434,891~55 Grant Funded (Cit~ ~0oager Tr.~mittal 6/18/98. Notice of Award, Contract on l~ilo ila Purch..a~ing Agents' Office for Imlv_e~:tion) MOTION by Cartwright/Sullivan I move to authorize the City Manager to execute the contract with Ranger Construction Inc. for the CDBG improvements. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul ~ aye MOTION CARRIED 5-0 98.134 E. Approval of Agreement with lo_dian River_C_ggnty in Developmen[ 9f L~cal Mitigation Strategy (_(~i[v Manager Tro, ln~mitta[ 6/18/98, Prol2ospd Agreement. Guidebook) MOTION by Neuberger/CarV,~xight I move to approve the agreement with Indian River County in the development of a Local Mitigation Strategy for Indian River Coun .ty. 9 i Regular City Council Meeting June 24, 1998 Page Ten I ROLL CALL: Mrs. Wininger - ave I Mrs. Camawight - a~e Mr. Neuberger - aye Mr. Paul - aye I Mrs. Sullivan - aye MOTION CARRIED 5-0 I 15. CITY COUNCIL MATTER~ A..Mr. LarryPaul I Said he had received' 15 calls regarding the proposed water restriction I · Asked for an update on Barber Street striping . · Distributed an article from 1997 regarding a family rollerblading at Barber Street Sports Complex and cautioned Council not eliminate that ability I B. M~orRuth Sullivan ' · Asked the City Manager to look into grant funds available for damage to homes related to El I Nino C. ~ice Mayor Martha Wininger Asked for a running balance of the contingency fund when Council is asked to approve · purchases from that fund " I Asked for an update on the uniform speed limit, and the City Manager responded it would be considered at a future workshop · Discussed a recommendation to adopt a resolution specifying what trees may be planted on I · city property. The City Manager recommended a recommendation from the Tree Board. Asked about the FPL crossing access and whether gates had been installed. The City Attorney reported on the legal aspects and stated that the city would have to provide some I type of access. The City Manager said he would report back on the gates. · Asked if there was a policy in place regarding who is in charge when the City Manager and City Clerk are away. The City Manager said if he is going to be away long term he I designates an Acting City Manager, but that he would research what'other cities do. I I I Regular City Council Meeting June 24, 1998 Page Eleven D. Mrs. Louise Camvright 98.135 1. Impose Water Reslrie,,ti0~l ~hapter I0:¢ q;ode of Ordinam;es by Declaration of Cquncil Mrs. Cartwright recommended Council declare a water restriction in light of the recent drought, and give people a week's notice to comply. Mr. Neuberger agreed but suggested it not be called an emergency. Vice Mayor Wininger said a resident had expressed concern about violation of his private property fights. Mayor Sullivan agreed with the restriction but agreed it should not be labeled an emergency. Mr. Paul said the city needs to be environmentally sensible. TAPE II - SIDE II (9:37 p.m.) The City Attorney advised that even though the ordinance does not specify that the declaration has to be publicly advertised, the way this item is listed on the agenda doesn't give the public sufficient notice that the restriction was going to be imposed at this meeting; and said the restriction should be based on some finding. Mrs. Cartwright said she had been advised by St. Johns River Water Management District that water levels are down and shallow wells are in jeopardy and that there is a letter from St. Johns. The City Attorney recommended that at a minimum Council have the restrictions start enforcement on a given date sometime in the future; and that, in the future, items such as these be placed under New Business and not Council matters. MOTION by Cartwright/Paul I move to declare a water shortage emergency enacting Chapter 102 Code Of Ordinances effective immediately with enforcement to begin July 8. Vice Mayor Wininger asked if there should be an ending date in the motion, and Mrs. Cartwright said it would have to be declared over. It was noted that an advertisement would be mn. VOICE VOTE on the motion carried 5-0. Mrs. Cart'wright continued her matters. Expressed concern for Barber Street paving whcre it intersects with Englar and Carnation to Tulip Said she agreed with the severance pay to the former Community Development Director, noting the City Manager had advised Council about the agreement before it was signed Requested she receive equitable treatment in regard to new procedures announced bv the Mavor at the beginning of the meeting I1 Regular City Council Meeting June 24, 1998 Page Twelve Mr. Chuck Neuberger * Said it is rode when Mrs. Cartwright interrupts other Council members * Said the Dempsey/Vocelle project is~~ * Recommended the green building at Barber Street not be renovated * Expressed further coneem about the left turn at CR 512 and US 1 and still does not have a red arrow. The City Manager said he would set up a meeting between Mr. Neuberger and IRC Traffic Said the home rule charter provision regarding employee residence brought up at a forum was never brought to the City Attorney's attention, but that she had now informed him it is illegal Recommended a workshop on franchise fees The City Attorney said for all other boards she had dealings with, members are required to raise their hands and be recognized by the Chair. I I I I I 16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 10:02 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Katluyn M. O'Hallorart, CMC/AAE City Clerk 12 City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-98-31 Job Description for Growth Management Director AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: Humaln Resources 06/30/98 07/08/98 SUBMITTAL: EXHIBITS: IExpenditure Required: Amount Budgeted: Job Description w/exhibit"A" Appropriation Required: SUMMARY ~TATEMENT This transmittal is to request Council's approval to adopt the job description of Growth Management Director. No description exist for this position. In accordance with Section 2-4 of the Code of Ordinances, all job descriptions shall be adopted by Resolution. RI(COMMENDATION Move to adopt Resolution No. R-98-31, approving position descript,on of Groxvth Management Director. RESOLUTION NO. R-98-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR TIlE JOB OF GROWTH MANAGEMENT DlltECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN TIlE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHI~REAS, the Sebastian City Council has determined that the City has a need for a Growth Management Director. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The job description for the classification of Growth Management Director is attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of the job description to the 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 date of this Resolution on said job description. SECTION 3. SECTION 4. All Resolutions or parts of Resolutions in contlict herewith are herebv repealed. This Resolution shall take effect immediate!v upon its adoption. i i I I I I I I I I I I I I I I I I The tbregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vt>t~.: the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha S. Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this of ,1996. day CITY OF SEBASTIAN, FLOKIDA ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk By: Ruth Sullivan, Mayor (Seal) Approved as to Form and Content; Valerie F. Settles, City Attorney ~ Exhibit JOB DESCRIPTION Class Title= GROWTH MANAGEMENT DIRECTOR Resolution Number: Department: GROWTH MANAGEMENT DEPT. FLSA Status: Exempt Division: Union: NO Date Prepared: 05/25/98 Approved Date: SUMMARY: Under administrative direction of the City Manager plan, coordinate, and direct operations of the Planning and Code Enforcement Department; supervise the research analysis, and design of a Comprehensive plan for the physical development of the City; administrer the City's Land Development Codes; administers a variety of Housing and Community Development Programs; perform other related work as required. ESSENTIAL DUTIES AND RESPONSIBILITIES: Duties include the following. Other duties may be assigned: Directs and implements planning, zoning, and community development goals, objectives, policies and priorities; e plans, organizes, directs and supervises the activities of the Planning and Code Enforcement Department; directs professional staff in the review, analysis, and assessment of development proposals pursuant to processing applications for land development permits (i.e., zone changes, conditinal use permits, variances, waivers, etc.); directs or participates in negotiation and management of consultant contracts for ~mental impact report preparation, special planning~utdies)implementation of grant functions, etc.; responsible for the development an implementation of the City's housing plan; organizes and implements public participation efforts for such programs as Redevelopment, the Local Coastal Program, Comprehensive Plan updating and Revision and the Community Development Block Grants; reviews, edits and approves technical reports, correspondence and agenda material and staff recommendation for the city Council, Redevelopment Agency, Planning Commission and other as may be deemed appropriate. · interprets land development codes and related ordinances; · participates in and represents the City at public meetings; I i I I I I I I -I I I I I I I I I I I confers with the property owners, public officials and civic leaders concerning land development codes and other special planning problems; acts as a liaison with other cities and outside agencies such as those in the County, State, and federal governments; prepares and administers department budgets; SUPERVISORY RESPONSIBILITIES Supervises, trains and evaluates professional and non-professional staff. QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION, EXPERIENCE and/or KNOWLEDGE Education GraduatiOn from an accrediting college or university with major work in city or'regional planning, public administration, architecture, landscape architecture, geography, engineering, or related fields. A Master's degree is desirable but not require. Specific and s.u~.stantial experience, in addition to the six years required below which prepare selectee to perform job duties, may be substituted forj the required education. EXPERIENCE Six years of increasingly responsible professional experience 'in planning; at least three years supervisory experience, one year of which mus have included management responsibility for a major planning (e.g., Comprehensive plan development, redevelopment, zoning, etc.). Portions of the proceedirg experience requirements may be waived at the discretion of the City Manager. Knowledge of: · Management and supervisory principles and practices; Principles and practices of personnel selection, training, supervision, evaluation and discipline; Revelevant Federal and State laws, regulations and procedures concerning community development and housing Principles and practices of planning; 2 ® Laws underlying general plans, environmental practices and land development regulations; ® Knowledge of current trends in planning; Methods and means for determining community, planning development priorities LANGUAGE SKILLS Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write speeches and articles for publication that conform to prescribed style and format. Ability to effectively presents information to top management, public groups, and/or the city Council. REASONIN~ ABILITY Ability to: Plan, assign and coordinate the work of professional, technical and clerical personnel; Supervise professional and non-professional staff Prepare, revise and interpret a sound planning program for the City Communicate effective both orally and in writing; make public presentations; · Analyze problems and make sound recommendations; · Analyze and' edit written reports, memoranda and other documents; Maintain effective working relationships with City employees and the general public; Ability to address and listen to groups/individuals for the purpose of informing, persuading or gathering information. Understand the applicability of existing Federal and State laws and regulations and to keep abreast of current developments in legislation trends. CERTIFICATES, LICENSES, REGISTRATIONS A valid Florida Driver's License. PHYSICAL D~HANDS: The physical demands described here are I I i i I I I I I I I I I I I I I I representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee frequently is required to stand; walk; reach with hands and arms; climb or balance; and stoop, kneel, crouch, or crawl. The employee is occasionally required to sit and use hands to finger, handle, or feel. The employee must frequently lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. WORK E~VIRONME~V~: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently exposed to outside weather conditions. The employee is occasionally exposed to high, precarious places and fumes or airborne particles. The noise level in the work environmental is usually moderate. City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589~5330 [] FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-98-32 Job Description for Growth Management Manager AGENDA NO: DEPT. ORIGiN: DATE SUBMITTED: MEETING DATE: Ht~man Resources 06/30/98 07/08/98 APPROVED FOR SUBMITTAL: EXIIIBITS: IExpenditure Required: Amount Budgeted: Job Description w/exhibit"A" Appropriation Required: SUMMARY STATEMENT This transmittal is to request Council's approval to adopt the job description of Growth Management Manager. No description exist for this position. In accordance with Section 2-4 of the Code of Ordinances, all job descriptions shall be adopted by Resolution. RECOMMENDATION Mo ~ to adopt Resolution No_ R-98 x2, approving position description of Growth Management Manager. RESOLUTION NO. R-98-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF GROWTH MANAGEMENT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian City Council has determined that the City has a need for a Growth Management Manager. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION l. The job description for the classification of Growth Management Manager is attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of the job description to the 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 date of this Resolution on said job description. SECTION 3. 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 Councilmember The motion was seconded by Councilmember and, upon being put ~ the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha S. Wininger Councilmember Louise Cart-wright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this of ,1996. day CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk By: Ruth Sullivan, Mayor (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney JOB DESCRIPTION ~EXHIBIT A~ Class Title: GROWTH MANAGEMENT MANAGER Department: GROWTH MANAGEHENT DEPT. Division: Date Prepared: 05/25/98 Resolution Number: FLSA Status: Exempt Union: NO Approved Date: SUMMARY: Under direction of the Growth Management Director, supervises, organizes and manages difficult professional work regarding research, analysis and design in the preparation and implementation of a comprehensive long-range General Plan for the physical development of the City; development review programs; environmental review; administration of the land development codes; administration of City redevelopment and housing Projects; and performs other related work as required. ESSENTIAL DUTIES AND RESPONSIBILITIES: Duties include the following. Other duties may be assigned: Develops and implements the City's Comprehensive Plan by gathering, compiling, and analyzing data on economic, social, and physical factors affecting land use; · Reviews, evaluates, investigates, and makes recommendations on environmental, planning, redevelopment, housing, zoning, and subdivision matters; · Conducts land use and environmental studies to devise and recommend arrangements of land and physical facilities for residential, commercial, industrial, and community uses; · Compiles information necessary for capital improvement programs. · Prepares financial data for the annual City budget; confers with the public and governmental officials on Planning, redevelopment and housing matters; · Prepares and reviews comprehensive technical reports for the Department Director, City Manager, Commissions, and City Council; · Attends meetings, including Council meetings, in the absence of or as a delegate of the Growth Management Director; ® Super~zises and provides training for subordinate personnel. SUPERVISORY RESPONSIBILITIES Supervise the work of subordinate staff including coordinating, assigning, monitoring and evaluating work, hiring and training, counseling and disciplining staff, and processing grievances. QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 1 I I I I I I I i ,i I i I I I I I i I I EDUCATION, EXPERIENCE and/or KNOWLEDGE Education Graduation from an accredited college or university with a maj¢.£ in City or regional planning, architecture, landscape architecture, geography, public administration, engineering, or closely related field. Two years of directly applicable experience may be substituted for each year of education required. EXPERIENCE ® Three years of progressively responsible professional urban planning experience in a local government office which includes technical work in at least two of the following areas: Comprehensive Plan preparation and maintenance, design review administration, redevelopment administration or housing administration. · Fundamental principles and practices of local planning. · Techniques and process involved in the preparation and implementation of long-range and Comprehensive Plans, redevelopment plans, and housing programs. · Federal and State housing, environmental and planning law and other planning legislation; · Zoning principles, practices, techniques and standards; · Techniques of zoning administration, development review, and " code enforcement; · Housing and Community Development trends, goals, and objectives; · A Master's Degree in Planning may be substituted for two years of the required experience. KNOWLEDGE OF: · Fundamental principles and practices of local planning; · Techniques and processes involved in the preparation and implementation of long-range and General Plans, redevelopment plans, and housing programs; · Federal and State housing, environmental and planning law and other planning legislation; · Zoning principles, practices, techniques and standards; · Techniques of zoning administration and development review; · Housing and Community development ~rends, goals, and objectives. LA/~GUAGE SKILLS Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from citizens, regulatory agencies, or member so the business community. Ability to write speeches and arSicles for publication that conform to prescribed style and forma~. Ability to effectively present information to top management, public groups, and/or the CiEy Council. REASONING ABILITY Ability to: ® Review and prepare effective written reports; ® Review design and drafting work such as base maps, land use maps, zoning maps, charts, and visual aids; ® Analyze and interpret complex planning and design/development and housing data, assess land use proposals and issue recommendations for special planning and zoning studies and projects; ® Make effective presentations before City Council, Planning Commission or Community groups; ® Maintain harmonious working relationships with City employees, and general public; ® Organize and participate in public hearings, analyze proposals, and make recommendations. CERTIFICATES, LICENSES, REGISTRATIONS A valid Florida Driver's License. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee frequently is required to stand; walk; reach with hands and arms; climb or balance; and stoop, kneel, crouch, or crawl. The employee is occasionally.required to sit and use hands to finger, handle, or feel. The employee must frequently lift and/or move up to 25 pounds. Specific vision abilities required .by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently exposed to outside weather conditions. The employee is occasionally exposed to high, precarious places and fumes or airborne particles. The noise level in the work environmental is usually moderate. I I I i I I I I I I I I I i I I I I City of Sebastian i 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 u FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-98-33 Job Description for Building Director AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: Humgn Resources 06/30/98 07/08/98 Expenditure Required: Amount Budgeted: Job Description/exhibit "A" Appropriation Required: SUMMARY STAT~I'~[_ENT This transmittal is to request Council's approval to adopt the job description of Building Director. No description exist for this position. In accordance with Section 2-4 of the Code of Ordinances, all job descriptions shall be adopted by Resolution. I~,ECOM~!ENDATION Move to adopt Resolution No. R-98-33, approving position description of Building Director. RESOLUTION NO. R-98-33 A RESOLUTION OF THE CITY OF SEBASTIAN, ENDIAN RIVER COUNTY, FLORIDA, ADOPTEXTG A JOB DESCRIPTION FOR TI:I'E JOB OF BUILDUNG DIRECTOR; PROVIDING FOR ENCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTiONS OR PARTS OF RESOLUTIONS IN CONFLICT ITEREWIT~; AND PROVIDING FOR AN EFFECTIVE DATE. WI:i'EREAS, the Sebastian City Council has determined that the City has a need for a Building Director. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The job description for the classification of Building Director is attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of the job description to the 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 date of this Resolution on said job description, SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effect immediately upon irs adoption. I I I I i i I I i i 1 1 I I I I I i The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha S. Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this of ,1996. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk By: Ruth Sullivan, Mayor (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney day JOB DESCRIPTION ~EXHIBIT A~ Class Title: BUILDING DIRECTOR Department: BUILDING DEPARTMENT Division: Date Prepared: 05/25/98 Resolution Number: FLSA Status: Exempt Union: NO Approved Date: SUMMARY: Under direction from the City Manager, plans, organizes, and directs the activities and personnel of the Building Department; ensures the enforcement of laws and ordinances regulating building construction and environmental conditions; recommends revisions and adoptions of applicable laws and ordinances, services as City Building Official; and performs related work as required. ESSENTIAL DUTIES AND RESPONSIBILITIES: Include the following. duties may be assigned. Other Duties include but not limited to: ® Plans, organizes, and directs the activities of the Building Department; ® Directs staff in the inspection of building construction and the enforcement of State and City codes, laws, ordinances, and regulations; ® Recommends revisions of existing code and ordinances applicable to building construction, environmental quality and energy conservations; ® Reviews, edits, and approves technical reports, correspondence, agenda material and staff recommendations for the City Council, City Manager and City management teams; · Directs or participates in the establishment and administration of construction contracts; ® Insures that pertinent codes and ordinances are adopted and amended to comply with current Federal and State laws; · Approves new building structures complying with laws and ordinances regulating building construction and environmental conditions; · Reviews and investigates violations of building laws; ® Confers with owners, architects and engineers of major construction projects regarding design and construction; · Confers and works with other City officials in coordinating those phases of the Building Department's activities which are interdepartmental in scope; · Represents the City at public meetings and to other agencies; · Selects, supervises, trains, and evaluates subordinate staff, ® Prepares and administers department budgets; SUPERVISORY RESPONSIBILITIES Selects, supervises, trains, and evaluates subordinate staff; I I I I I I I I I i i I I I I I I I QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowled~!~. skill, and/or ability required. Reasonable accommodations may b~ made to enable individuals with disabilities to perform the essential functions. EDUCATION, EXPERIENCE and/or KNOWLEDGE Education Graduation from a college or university with a degree in Engineering, Construction Management, or closely related subject. Additional course work in Public Administration is desirable. Specific and substantial experience in addition to the eight years required below which prepares one to perform the job duties, may be substituted for the required education on a year for year basis. EXPERIENCE Eight years of increasingly responsible professional experience in the design, construction, or inspection of public, commercial, industrial and residential buildings. At least four of the above eight years of experience must have involved management responsibility for a major function or division enforcing health, building, and safety codes. KNOWLEDGE OF: ® Building and related code and ordinances enforceable by the City, including the Local and State Building Code, zoning ordinances, environmental, energy and handicapped regulations and provisions of applicable electrical, mechanical and plumbing regulations; ® Principles and techniques of building construction; ~ ® Current trends in energy conservation and environmental quality; ® Principles of structural design and engineering; · Standard installation procedures for electrical, plumbing and mechanical facilities; ® Building materials and accepted construction standards; · Management, supervisory and personnel principles and practices to include selection, training, evaluation and discipline of staff. ~ · Licensing and Certification requirements applicable to the building trades. LA/~GUAGE SKILLS Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from citizens, contractors, design professionals, re?ulatory agencies, or members of the business community. Ability to write speeches and articles for publication that conform to prescribed style and format. .Ability 5o effectively present information to tc.u management, public groups, and/or the City Council. /- 2 REASONING ABILITY Ability tO: ® Analyze, interpret and accurately check complex building plans and specifications; ® Check engineering calculations, including stress analysis, and determination of strength and elastic properties of wood, steel, and concrete; ® Understand, interpret and apply existing Federal and State laws and regulations, and to keep abreast of current developments in legislation and trends; ® Communicate effectively both orally and in writing; ® Plan, organize, and direct the activities of the department staff; ® Establish and maintain cooperative relations with City; State, and Federal officials, civic leaders, outside contractors and consultants, and others; ® Make effective formal presentations at City Council meetings, Commission meetings, and public functions. CERTIFICATES, LICENSES, REGISTRATIONS Possession of a Certified Building Official (CB0) issued by the Florida Department of Professional Registration is required. Valid registration as a Professional Engineer in Civil Engineering issued by the State of Florida Board of "Registration for Professional Engineers is desired but not required. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee frequently is required to stand; walk; reach with hands and arms; climb or balance; and stoop, kneel, crouch, or crawl. The employee is occasionally required to sit and use hands to finger, handle, or feel. The employee must frequently lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. WORK ENVIROn: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently exposed to outside weather conditions. The employee is occasionally exposed to high, precarious places and fumes or airborne particles. The noise level in the work environmental is usually moderate. I I I I I I I i i I I I I I I i I I I City of Sebastian I225 Mahl Street Sebastian, Horida ~2958 Telephone (561) 589-5~0 FAX (561) 589-5570 Subject: Schedule Public Hearing (Quasi-Judicial) for Palm Beach Transportation dba Yellow Cab of the Treasure Coast Application for Permit and Certificate of Public Convenienc~ and Ne~xssity Agenda No. ~r~-/~/o Approved for Submittal by: City Manager For Agenda of: 7/8/98 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY ST~TI~kti£IqT The City Clerks office has received an application fi.om Palm Beach Transportation dba Yellow Cab of the Treasure Coast for permit and certificate of public convenience and necessity. In accordance with Section 106-54 of thc Code of Ordinances, the City Council shall fix a time for a hearing on the application. The last permit hearing of this type was conducted as quasi-judicial in accordance with direction of the City Attorney. We are recommending that the hearing be conducted on Wednesday, July 15, 1998 since there is already a special meeting scheduled for another quasi-judicial matter the same evening. RECOMMENDED ACTION Schedule a quasi-judicial hearing on the application from Palm Beach Transportation dba Yellow Cab of the Treasure Coast for permit and certification o£public convenience and necessity for Julv 15, 1998. Chapter 106 VEHICLES FOR HIRE* Articte I. In General Secs. 106-!-106-25. Reserved. Sec. 106.26. Sec. 106-27. Sec 106-28. Sec. 106-29. Sec. 106-30. Sec. 106.31. Ar!icle H. Ta:dcabs Division 1. Generally Definitions. Operation and maintenance oi' vehicles. Inspection. Passenger capacity. Rates; authorization by council; changes; posting. Liability insurance required. Sec. Sec. Sec. 10~51. 106-52. 106-53. 106-54. 106-55. 106-56. 106-57. 106-58. 106-76. 106-77. 106-78. 106-79. 106.32-106-50. Reserved. Division 2. Permit and Certificate of Public Converdence and Necessi~ Sec. Required. Sec. Application. Sec. Application fee. Sec. FLxing ~irne and giving not/ce of hearLng. Sec. Hearin~ conside~tion of appl/mtion; issuance or refusal of pem~it and ce~if- icmte. Disposition t~-ne for reapplying after den/al. Revocation; authority of council; notice; hearing, etc. Holder tn agr~ to new c~nditlons upon adoption by counc/1. 106-59-106-75. Reserved. Division 3. Vehicles Operating on Fixed Route Sec. Definitions. Sec. Loading zone application. Sec. Permit to constru~ benches; restric~/ons. .~ '~ Sec. Revocntion of pe.wnit; removal of facility. 'Cross references-Eusinesse.~..x ~0; license :azres cn and :rzc'.Gng c0mp~ies, $.. ~0 .... : :r~c ~.d '-,e.,~{-:~, ~...o~ 9S. CD!O~:! I I I I I I i I I i I I I I I I I I I VEHICLES FOR HIRE § 106-30 ARTICLE L IN GENEI~AL Secs. 108-1-106.25. Reserved. ARTICLE II. TA.~IICABS DMSION 1. GENERALLY Sec. 106.26. Definitions. The follow/ag words, terms and phrases, when used in this article, shall have the mean- in2s esot/bed to them in this section, except where the con~e.~ clearly indicates a different meaning. Operation ofa tazicab means the business of carrying or ~ransport~g passengers for hire /n any motor~riven vehicle over the public s~ree~s and alleys of the city. (Code 1980, § 29-16) Cross reference-Del'tuitions and rules of construction genermlly, § i-2. Sec. 106-27. Operation and maintenance of vehicles. All motor veMc!es operated and used as ~x/cabs shall be kept and ma/ntained in a clean and safe operating condition and shall be operated only by efficient and capable opera~r~. (Code 1980, § 29-17) Sec, 106.28. Inspec~oru If the police department dete?mines that any of the me,or vehicles operated and used as tm.x/cabs is unsafe, they shall advise the open,or and owner thereof hu writing of the nature of i~ems considered and found to he uns~'e, and such vehicle shall be prohibited from operating in the city until corrections and ~pah-s ~re made. (Code 1980, § 29-18) ~ Sec. 106-29. F ~.~senger cspaci~. '~ N'o more persons shall he trm-.~orted at one time than the manufacturer's rn~ed capacity specified for each vehic!e used as a taxicab. (Cede 1980, § 29-19) Sec. 106-30. Rates; authorizaVlon by council: changes; posting. Rates chafed passengers for :mxic=b ser,qce shall be approved by the city council Au- thorized rates sh~I not be ch~ged '.~tkcut :he c~nsent cf the city council. -~1 rates for semzic~ shall be p~sted in each vehicle us~ ~ a ~icab. (Cede 1980, ~ 29-20) § 106-31 SEBASTIAN CODE Sec. 106-31. Liability insurance required. Every owner or operator of a taxicab operating in the city under a franchise shall chain and maintain in full force and effec~ and applicable to such operation at all times during the entire per/od thereof a liability insurance policy in the form and substance approved by the c~, executed by an insurance company author/zed to do business in the state and acceptable by the city. The terms and conditions of the policy shall be such as to prey/de protect/on for all persons suffering injury, loss or damage to person or to property by reason of the negligent operation of such taxicab by any pemon. The policy shall be in the coverage araounts of not less than $100,000.00 for injury or death to any one person and not less than $300,000.00 for injury or death te any pemons caused by any one accident, and in the stun of not less than $~0,000.00 for damage to proper~ resulting from any one acc/dent. The policy shall specifically cover {~hility for the opera~ion of a taxicab. A duly authent/ca~.~cl copy of each such insurance policy shall be fried with the ci~ clerk and shall contain a prey/sion whereby the insurance company executing the policy shall, in the policy, obligate i~self to notify the city clerk in writing not less than 30 days Before any alteration, modificaUon, or cancellation of such insurance policy is to become effec~ve. (Code 1980, § 29-21) Secs. 106-32-10640. Reserved. DMSlON 2. PEP, MIT AND CERT/FICATE OF PUBLIC CONVENIENCE AND NECESSITY Sec. 106.51. Required. It shall be unlawful for any person to operate a tax/cab for hire or profit over any of the public s~ree~s and alleys of the ci~ unle.~ and until such person shall have ob~ined a permit and certificate of public convenience and necessity from the city council. (Code 1980, § 29-43) Sec. 106.$2. Application- , - Any person ~,~i_~ing to engage in the business of operating a tax/cab over the public streets and alleys of the ciU Shall make ~pplication to the city council for a permit and ce.-'tit~cate of public convenience and necessity. The application shall be in writing, verified by the applicant, and shall specify the following matters: (1) The name and address of the applicant and the names and addresses of applicant's officem, if any. (2) The public st-ree~s and alleys over which the applicant desires to opera~e, or ~he general ~erri~ry within the co~om~.e limi~ ~£ ~he city which ~he applicant desires to se.,we. (S) A brief description of each vehicle which the ,~pplic~nt desires to use, includin~ the se~tin~ ¢:~pnciky, the make, the sire and we,.'ght, and wkether a new or used car. VEi-~CLES FOR HIRE (4) A stmtement of the rates proposed to be charged by the applicant. (5) An agreement on the par~ of the applicant to conform with, and abide by, all rules and regulations which may be lawfully prescribed by the city council in respe~ to the operation of te-~dcahs. (6) A financial statement showing profit or loss, to be Fled with the city clerk on an annual basis on or before June 30 of each year. (Code 1980, § 29-44) Sec. 106;53. Application fee. Each application under this division shall be accompanied by payment of $50.00 to be placed in the ~neral fund of the dry and applied to the cost of notices and hearings and for the administration of the provisions o£ this division. (Code 1980, § 29-45) Sec. 106-54. Fixing time and giving notice of he~4_ng. Upon filing of an application and payment of the tee, as required by this division, the ciL'y council shall fix a time for hearing on the application, which shall not be less than ten days nor more than 15 days subsequent to the Eding of'the application. No application for a permit shall be granted or certificate of c~nvenience and necessity issued without a hearing by the city council. Notice of such hearing shalI be ~ven to the applicant and to all persons who are engaged in the taxicab business in the city, and shall be mailed at least five days prior to the date assigned for hearing of such application to the last known address of such persons and shall be published at least five days before such hearing in a newspaper of general c/rculat/on in the city. (Code 1980, § 29-46) Sec. 106-55. Hearing;, consideration of application; issuance or refusal of permit and cerffiTc~te. .~ At the ~ime spec/fled in the notice, ofhe~ring under the provisions of section 106-54, or at such time as may be 'f'L~ed by the city counc,.'I, a public hesring upon the application for a pe.wnit and ce.-~ificate of public conve.mence and necessity shall be he!d by the city council. At or ~fter such hesrmg the c~cy counc, may issue a pe..~mit and cer~il~cate of public convenience ~nd necessity as pr~yed ~or, or ;e[use ~-~ issue such pe..,~, it and ce~ific~te; or may issue such pe..~:nit ~nd ce~ifi~te with modiffca:icns, or u.con such ~erms and conditions ~s in its judg- ment, public convenience and necessit.: .'nay require; provided, that the city council in granting any such pe.,,'mit and cemificate shall :ake into c:nsider,~tion the follo~ving: (!) The public demands and :ra:'.qc conditions. (21 The financial condition and m~.ral charac:er of :he applicant. (g~ The number, kind, t,re..e ~' "": ..... and re:as proposed. § 106-55 SEBASTIAN CODE (4) Increased traffic congestion and available parking space. (5) The safe use of ~he streets and alleys. (6) Such other relevan~ fac~ the city council.may deem advisable or necessary. (Code 1980, § 29-47) Sec. 105.~6. Disposition time for reapplying after denial. No new application for a permit and certificate of public convenience and necessi~.y to engage in the business of operating a ta:dcab or bus service shall be permitted to be filed where a previous application covering substantially the same provisions has been previously denied until ai%er the e.~piration of six months from the denial of such previous application. (Code 1980, § 29-49) Sec. 106-57. Revocation; authority of council; notice; hearing, etc. Whenever any person to whom a permit and certificate of public convenience and neces- sity shall have been issued by the dry council for the operation ora taxicab business in the city shall violate any of the ~erms or conditions under which such permit and certificate was issued, the dty council shall have the power to revoke the permit and certificate Upon hearing duly had, of which the applicant shall be given at lemst ten clays' notice in writing of the time and place of such hearing and shall be furnished with a copy of the charges made ag~.inst such person. Upon such hearing, if the city council shall determiue that such charges are true and that the person involved is guilty ofviohiing any of the terms or conditions under wkich such permit and certificate of public convenience and necessity was issued, az specified in the charges made against such person, then such permit shall be revoked by the city council, 'and such person shall no longer be authorized to be en~ged in the taxicab bus/ness in the city, unless and until a new permit and certificate shall have been issued in accordance with the provisions of this division. (Code 1980, § 29-50) Sec. 106-58. Holder to agree to new conditions upon adoption by council. The holder of any certificate issued by authority of this division shall~-ee to comply with any new, additional or further conditions or instructions which may be imposed upon the holder by the city council within 30 days imm the date of adoption of the mot/on, resolution or ordinance of the city council imposing additional t ..-ms, conditions or inst~-uctions. (Code 1980, § 29-48} Sees. I06.59-106-7~. Reserved. DMSION 3. VEHICLES OPERATING ON FIXED ROUTE Sec. 106-76. Definitions. The following words, ten'ns and phrmses, ~vhen used in this division, shall have the mean- in~ ascribed to them in this section, excep6 where the con~__,~ clearly indicates a ali/Teton/ meaning:. CDI06::~ I I I I I I I I I I I VEHICLES FOR HIRE § 106-79 Permit holder means any posen tha~ holds a permit and certificate of public convenience and necessity to engage in the business of operating a ~.xicab over the public stree~.s and alleys of the c'-'ty on a fi.xed, established route, such t~.$.icnb being commonly called a bus. (Code !980, § 29-33) Cross reference-Definitions and rules o£ construction generally, § 1-2. Sec. 106-77. Lo-',ding zone application. Any permit holder may apply in writing to the city clerk for and as a part of his permit for the es~blishment of a loading zone on the public streets. Such written application shall designate the e.'mc*, spot for such loading zone and, if and when approved by the city clerk, the city shall mar!r~ set apar~ and designate each of the spo~s as a loading zone for the use and benefit of a permit holder. It shall be unlawful for any per,on to stop, stand or park any vehicle in such loading zone ~cept a permit holder. (Code 1980, § 29-34) Cross reference-Traffic and vehicles, ch. 98. Sec. 106.78. Permit to con.~;~uct benches; restrictions. Any pe..':mit holder may apply in writing to the cit~y clerk for a pe.wait to oreo!, cons~'uct and main~in benches or seating for the use of the general public at any loading zone es~ab- lished under thi~ division. Such permit shall s~a~e the kind and type of seating and shall indicate the Hot on the public s~reet right-of-way where the bench or seating shall he placed and shall sta~e any adver!ising, sigrm or painting to be placed thereon er aff~xed thereto. If and when such application is approved by the city council, the city clerk shall ;msue a permit for the specific public seating, painting and advertising and the permit shall not be changed or altered except by written amendment of the permit by the city clerk. Such seating shall be placed at such a location as will, in the discretion of the city council, constitute a minimum 0£ interfer- ence '~th vehicular and pedestrian traf~c on the public streets. (Code 1980, § 29-35) Cross reference-S~reet~, sidewalk~ and other public places, ch. 90. Sec. 106-79. Revocation of permit; removal of facility. The c/ty council may, after 30 days' noiice in writing delivered by mail to any permit holder, evoke, cancel and terminate any permit issued pursuant to this di~dsion and immedi- ately upon such revocation, any permit holder shall remove any facil/~y placed on the public stree~ pursuant ~o such permit. Should :my perm/t holder Fail to remove such facili~y, then the city clerk shall remove and desley the facility. Any permit for constrac:ion o£benches ~nnted pursuant :o this division shall become and be deemed a part of the leading zone permit of the pe..-vnit holder, and upon revocation or suspension or,he loading zone permit, then any permit~ for conszr~ction of benches shall iikew~ze be suspended or revoked. (Ccde 1980, § 29-,~6) City of Sebastian, Florida Subject: Annual Concrete Work Bid. Approved for Submittal by: City Manager Exhibits: None Agenda No. d?~,/37 Department Origin: City Manger Asst. to City M~iPurchasing '-" Interim Public Works Director Date Submitted: July 1, 1998 _For Asenda of.' July 8, 1998 EX?ENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: -0- SUMMARY The scope of this bid was to fred a Licensed Contractor to replace and install ("form and pour") concrete driveways, sidewalks, and head walls. As the City. pursues its aggressive swale restoration program, the driveways, sidewalks, and head walls need replacement and/or installation. The Bid has been widely advertised on ~'o different occasions. Once in December 1997, and again most recentl,v June 12, 1998 with only one Bidder responding, Colonna Construction, Deerfield Beach, Fl. Colonna's bid price was $4.90 per square foot and was made conditional, "based on doing 10 driveways at one time in one location". The cost the Ci,ty is currently p .aying on an informal telephone bid price basis hovers around $1.70 per square foot and is not conditional. The Instructions F~,2 Bidders, states that the City has the fight to disregard all non-conforming or conditional bids, hence, staff wishes to reject Colonna's bid on this basis, and secondly the $4.90 per square foot is way above the customa~, going rate for this t)pe of work and therefor not in the best interest of the Ci .ty. Because this is the second formal sealed bid with only one unacceptable respondent, staff feels it is futile to continue advertising for formal sealed bids, and request permission to bid this work on a less formal basis such as telephone quotes. RECOMMENDED ACTION Move to reject Colonna Construction Bid for the masons stated above, and move to authorize staff to pursuc and execute !ess formal bidding procedures such as phone quotes tbr the above stated concrete work due to lack of /~---, response from bidders on past formal sealed bids. / I City of Sebastian 122~; Main Street Sebastian, Florida $2958 Telephone (561) 589-5530 FAX (561) 58a-5570 Subject: Request for rental of the Community Center Approved for Submittal by: City Manager Exhibits: Application dated 6/29/98 Expenditure Required: Amount Budgeted: Agenda No. ~//~' / 3 ~' Department Origin: City Clerk Date Submitted: 6/29/98 For Agenda of.' 7/8/1998 Appropriation Required: ~UMMARY STATI~M£NT The City has received an application from Marion & John Kutch requesting the use of the Community Center for a 50th Wedding Anniversary celebration on November 21, 1998 fi.om 4:00 PM to 8:00 PM. They. are also requesting the use of alcohol at the event. Proof of age has been verified. RECOM3/iI~ND£D ACTION Approve the request for the use of the Community Center and the use of alcohol. CITY OF SEBASTIAN RENTAl, P£RMIT APFLICA TION DATE: ~-/Y"ff"ff (,/J/COMMUNITY CENTER { } YACHT CLUB . MI'-- ~o~,9 o/- 4/~,4,~,/bA/;K-'~/~ PHONE #: NAME OF PERMITIZE: ADDRESS OF PERMITrEE: F--/,577 ('~/~/-~,~z~5 NAME OF ORGANIZATION OR GROUP IF APPLICABLE: APPROXIMATE # Or PERSONS ATTENDING EVENT: r-~ m<~u~ DAm: ~/- ~/- ¢'? ThUE: F~OM..¢~ PLEASE ANSWER YES OR NO: 4. 5. SECURITY DEPOSIT $ ~..%'"3. ~.~ ARE KITCHEN FACILITIES REOUIRED7 //~5 ' ARE YOU A RESIDENT OF SEBT~tSTIAN7 /lie 5 ' WIL~. DECOPa'nONS ~E P~ u~ WiLL ~Z~ BE AN ADMISSION OR~OOR C~RGE7 W~LL a~COHOUC ~V~~ B~ S~RV~D~ ~e ~ ~~~~M) (a) ~F ANSER TO ~ ~S ~ P~~'~ PROO~ OF AG~-: ~'~ .' (~) ~F ALCOHOk ~S TO B~ S~RV~D, P~I~ON ~S ~QU~D BY C~ COUNC~L. YOU~ ~QU~T W~LL ~ P~N2D TO COUNCIL ON: MAKE CHECKS PAYABLE TO: CITY OFSEBAS7Z41V wa SERVICE F~E OF 5,98 OR $20.00 (144-IICHIS GR.F_,A~D .MAYBE CHARGED FOR A DISHONORED CHECK PER FLORIDA STA T~ YI'A ~ I aa. Ms1. '.. OFFICE USE SECURITY DEPOSIT PAID ON: ~~? DATE CASH RENTAL FEE PAID ON: DATE CASH CHECK hNTI1ALS CHECK INIThkLS ALCOHOL BEVERAGE REQUEST AT THE COUNCIL MEETING ON APPROVED/DENIED KEY PICKUP DATE: SECURITY DEPOSIT RETURNED BY CITY CHECK #:._ COM/VlENTS: KEY RETURNED: FOR $ ON: ONLY I I I I I i I I ,I I I I I I I i I I I 07./01/98 09:33 ROL3/ELI S ~ SEBASTI.~N 002 MEMORANDUM TO: FROM: SUBJECT: DATE: Tom Frame, City Manager, City of Sebaatian Robert D. Johnson, AICP, Dir~tor of Administration Sebastian CDBG Project - Grant Amendment July 1, 1998 Time Extort,sion Last month a tirn~ extension rexluest was forwarded m DCA for consideration. Currently, the grant is set to expire in tim middle of July. The ax, tension will provide an additional six moatha for tha City to complex, tho project. This extension is exp~I to be approved by July 13". Budget Amendment Tho original gram budget need~ to be adjusted to reflect actual bid amount~ and otl~r funds utilized to complete various aspects of the project. Specifically, the park line item is not being completed with grant funds as it was completed with a FRDAP grant and other City funds. This was necessary, since there was a delay-in receivin§ tho CDBG funds and the FRDAP grant had an expiration date that had to be met. As a result of the various project redesigns, surveying and permitting, additional en~zineering costs have been incurred by the City and must be reflected in the budget. The parking facilities and sidewalks line items am reflective of thn final design and low bid construction costs. Grant Activity Original Budget Proposed Budget Parking Facilities $ 265,000.00 $ 253,208.00 Sidewalks (Lighting) $ 183,000.00 $ 220,500.00 Parks (Pier) $ 45,0(X).00 $ 0.00 Engineering $ 59,000.00 $ 78,292.00 Administration $ 48,000.00 $ 48,000.00 TOTAL $ 600,003.00 $ 600,0130.00 Required Action: Malco a motion to authoriz~ the City Manager to submit a grant amendment request to DCA for the identified budget modifications. 1~133 Commonwealth Lane Tallahassee. Florida 32303 (850) 574-1574 FAX: (850) S74-1641 370 Whocoing Loop, -quite Alramon, te ('prings' l:lorida ,3~70 I (407} 339-3545 FAX: (4071 3.-_9-3462~ CITY OF SEBASTIAN CITIZEN ADVISORY TASK FORCE BOARD MINUTES OF REGULAR MEETING JUNE 10, 1998 Chron. Dabrowski called the meeting to order at 4:05 pm. The Pledge of Allegiance was said. ROLL CALL: PR.ESENT: Thomas Con_nelly Chrrm. Dabrowski George Reid Cindy Lou Dierkes(a) Anthony Don/rtl Sa/vatore Neglia Chuck Neuberger(a) ALSO PRESENT: Thomas Frame, City Manager Tracy Hass, Interim City Planner Gerry Kubes, Secretary. APPROVAL OF MINUTES: (11/25/97) MOTION by Neglia./Connelly I make a motion to approve the minutes of the regular meeting of 11/25/97. A voice vote was taken. 5 - 0 motion carried. OLD BUSIN-ESS: None NEW BUSINESS: A. REVIEW RECO~hME~N3DATION OF PROPOSED BUDGET AMENDMENT Mr. Frame gave a presentation on the CDBG Gra~t for the old CAV Corp property on Indian River Drive, and ex-plamed the present stares and changes needed in order to remain within the Grant budget. He noted that a time ex~nsion and a budget change is being requested. He also noted that construction will not begin until atier the July 4~' holiday weekend_ for safe~ reasons. Mr. Frame introduced lee Miller, PE, w/th CRA Engineering, and Mr_ Robert loknson of Clark. Roumelis and Associates who has been a main contact wkh the Grant pro,am for the City. of Sebastian. Mr. Joe Miller mtrcduced Mike Herold from Ranger Construction, who wa.s Iow bidder on this project. He then introduced Russell Lowe from Holophane Lighting who ;tSi1 be working closely ~Sth this project. I I I I I I I I I I I i I I I I I I CITI7. EN ,ADVISORY TASK FORCE MLNUTES OF MEETkNG OF JIJ~T I0, 1998 At flUS point Mr. Miller handed out copies of "Parking Lot and indian River Drive Lighting improvement Project" by CRA En~mneermg dated June 10. 1998. He gave a presentation from the irfformation contained in this packet. He noted that five (5) lights have been eliminated from the original count but the option w/Il remain to put them back in at a later dare, if necessary. He also noted the $250 reduction per pole, using aluminum instead of fiberglass. Hoiopha. ne lights will be used. Mr. Lowe of Holophane Lighting gave a presentation on the aluminum poles. There was some discussion on the .type of fuses to be used. Mr. Lowe indicated that Holophane would work with the City. on this issue. The issue of sodium lights was discussed. Nh'. M. iller awarded this contract to Ranger Construction Company, contingent upon Dept. of Community, Affairs approving the Grant ex'tension. He then noted a budget realignment. He also noted that there will be a preconstruction meeting for all contractors and Utility companies next week. He indicated that as soon as the Grant e,,crension is received, the project should be ready to go. It was noted by Mr. Miller that the contract will be for $434,891, which will leave $38,08.17 as a contingency to start out with. Mr. Donini questioned the $4,500 engineering fee for redesigning the road alignment. Satisfactoo' answers were given. There was discussion on whether sm (6) paved entrances were needed, or if the two center ones could be eliminated. 3k. Miller also mentioned that the ~ound at this site needs some leveling and resodding, especially where the delineated parking area is. Mr. Frame spoke about scraping and leveling of this property.. various sets of plans. MOTION bv Donini/Reid There was more discussion on Roll call: move that we recommend to apply for the six (6) month extension of the Grant. George Reid - yes Anthony Domm - yes Salvatore Negtia - yes U-to ma.s Corme!!v David Dab rowsk/ The ,,-ore was 5 - 0. Morion carried. -ves CITIZEN' ADVISORY TASK FORCE - - ~ = NffNUTES OF MEETING OF JUNE 10, 1998 MOTION by Donini/Neuberger I move that we approve the budget as revised on Mr. Joe Miller's letter of Mav 12, co Tom Fl-al'ne. Roll call: Thomas Cormetly - yes )mthony Donim - yes Chmn. Dabrowski - yes Salvatore Neglia - yes George Reid - yes The vote was 5 - 0. Motion carried. PUBLIC INPUT: None CHAIRMAN'S MATTERS: None MEMBERS MATTERS: None STAFF MATTERS: None Chairman Dabrowski adjourned the meeting at 5:20 pm. I I i I I I I I i I i i I I I I i i ij' i I I I I I I I I i '..~c C~ of Seb~ ~ co.duct a pu~c he~g on thc C~2~ommercml_.~ changes 'm ~e bu~get;~accomp~hmen~¢and :Florida?Questions or commenB-sho~d:~be addressed to: Mr.. ~oma~ 'Fram~ ' CONTACT.~E CITY S ~A COO~ATOR AT 589-5330 AT LEAST 48 . HO~ ~ ~V~CE OF THE MEET~G · :~DIC~PED ASSIST~CE PRODDED. I I i City of Sebastian 1225 Main Street Sebastian, Florida 52958 Telephone (561) 5&9-5530 FAX (561) 589-5570 Subject: Ordinance No. 0-98-05 - Boards/Committees Approved for Submittal by: City Manager ~ ~/}' ~- For Agenda of: Exhibits: 0-98-05 T Expenditure Required: / Amount Budgeted: / ~'~.//0 Agenda No. Department Origin: City Clerk~. Date Submitted: 6/30/98 7/8/98 Appropriation Required: SUM34ARY STATEMtlNT City Council conducted a first reading of Ordinance No. 0-98-05 on June 17, 1998. Thc ordinance was approved on first reading and a second reading and public hearing were set for July 8, 1998. RF~COMMENDED ACTION Conduct the public hearing on Ordinance No. 0-98-05 and, following the hearing, move to adopt it. QpdDINANCE 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 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, 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 2-166 of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended follows: Section 2-166 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: "Board" shall mean any Dermanen% board or committee of the city, which is established by ordinance as a permanent board or committee of the city. "Committee" shall mean any ~em.Dorary committee or commission of the city, which is established by resolution to study a specific problem and recommend a solution or policy alternative within a time certain. Its existence shall terminate upon the completion i I I I I I I I I I I I I I I I I I of its assignment or on a date certain as provided by the resolution creating the committee or commission... Section 2. 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 an~ membe~ of a City board or commit%ee, qua~ify as a Gandidate ~or political o~ice, such qualification shall be deemed a t~nder pf immediate resignation from such board or committee. No person shall serve on more than one (1) city board or permanent committee simultaneously. Section 3. 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 ~c~amittee 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 ~ommitte~ 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 ~ commltt~ where a ~ra~anc~ ~ccur~ 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 ~T- =~mmitt~c, unless no other individual, who has otherwise legally'qualified to serve as a member of said board or c~mmitt.c has a current application on file with the City Clerk seeking appointment to serve as a member of such board ~ c~mmitt~a. This provision shall not prevent appointment to a different board cr cs.~.-~t.~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 or c~nitt~e where the vacancy occurs. Section 4. 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 5. This Ordinance shall prevail over all other Ordinances which are in conflict with this 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 6. This Ordinance shall go into effect i~tmediately 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 The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ruth sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember L~rry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1998. i I I I I I I I I I I I I I I I I I ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor 4 City of Sebastian 1225 Main Street Sebastian~ Horida 32958 Telephone (5(;1) $89-5550 FAX (~61) 589~5570 Subject: Budget Advisory Committee Approved for Submittal by: City Manager Exhibits: Seven Applications Agenda No. Department Origin: City Date Submitted: 7/1/9g For Agenda of: 7/8/98 Expenditure Required: N/A Amount Budgeted: Appropriation Required: N/A N/A SUI~AMARY STATEMENT Resolution No. R-98-27 establishes a Temporary Budget Advisory Committee to consist of seven members. Each member of City Council appointed one applicant and two applications were received for the two at-large positions. RECOMMENDED ACTION I. Confirm Council Appointees: Thomas Conneily Karen West Donald Smith Larry Napier Joe Bare~-k Appointed by Mayor Ruth Sullivan Appointed by Vice-Mayor Martha Wininger Appointed by Louise Cartwright ~ppointed by Larry ?aul Appointed by Chuck Neuberger 2. Interview and Appoint Two At-Large Members: Kathleen Brauer Herbert Munsart US[NESS PHONE: ~ BUSINESS F.&X: YOU A ~S~ OF T~ C~ 0F SEBAST~N? HOW LONG ~ YOU B~ A ~S~? DO YOU ~Y HOLD ~ P~HC O~CE? D0 YOU P~S~Y SER~ pN.%W 0~ C~ BOA~ OK CO~~E* PLEASE C~CK ~ BO~S ON ~CH YOU A~ ~S~D ~ SER~G ~ O~ER OF P~~CE ~ ~T CHOICE BErG 91: BO~ OF C~ AD~SOKY TASK FORCE ~OT ~~Y ~ET~G) CODE ~ORCEM~ CONSTRUC~ON BO~ ~[~PED SELF-~.~UA~ON COMN~EE P~G A~ ZO~'G POLICE ~TI~M~T BOA~ OF TRUSTEES ~C~A~ONAL ADVISORY ~~0~ COMMITTEE T~E ADVISORY COMMI~EE .... /~/~zD~F~ Cc/"~/' APPLICABLE EDUCATION AND~OR EXPE~,,ENCE: (attach separate resume if nec:ssa'v) RE~,SONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUAL ,IF_ICATIONS TO SERVE ON BOARD OK COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY 0R ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS 0K ANY STATE? ~/~0 WOULD YOU CONSiDER SEKVING O~ A BOA.KID OTHER THAN THE oNE. (S) SELECTED I hereby ~ that I am qualified to hold thCposition for which this application is made. Further, I hereby authorize the City of Sdoasfian to inv~figat~ the tmtlffuln~ss of all information which I have provided in this application I understand that any misrepresentation or ommission of information requested in this application is cause for disqualification or removal. have b~n provided with, read and understand City of Sebastian Code of Ordinances Sections 2-16~ through 2-173 (attachccr). Information relative to a sp~ific boar3Pgr~,arnmitt~ is.,~vailable ifr~quested. ':- Applicant Signature ] ---.__~__.~ -'7"rO~. _,:~_/ ,~ ..~'~s~" ~,>'~' ' ' ...~, ~" ,,".'".'" ""o~". =i&- : · ,:.; . i MY COMMISSION # CC 740478 . .,,~,,..i EXPIRES: June 18. 2002 i I I I I I I I I I I I I I I I I I APPLICATION TO SERVE_ON CITY BOARD/COt$I~iIT~, (All City Board and Committee Members Must be Residents of the City'6f / HOME PHONE: <:D':'~ %2 ~ nObLE FAX: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSEqESS FAX: ARE YOU A REGISTERED VOTER? HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CiTY BOARD OK COMMITTEE? WH/CH BOARDSICO~ES? ~: 0 PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDEK OF PKEFERENCE WITH FIRST CHOICE BESNG #1: VOTER REG. NO. 9C.?c~ ,j- BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE P~',~G A~D ZONr~G COb~,,~ISSXON PO,~ICE ~.T~M~T BO,~,r,.OF TRUST~S RECR. EATIONAL ADVISORY BOARD TREE ADVISORY BOARD d I ! APPLICABLE EDUCATiON AND/OR EXP. ERIENCE: (a.ttach sep.~rate resume if n~c~sm-y) "B % - ~s,/?%o ~ og Y - ~S° ?~'?~-/"~". .u . p~ct ,..,,,. 4' SR~.c...&l 4or ~o.._q-¢.-,'~ n . ¢_._f, d"ko q, REASONS FOR WANTING TO SERVE ON BOARD Oil COMMITTEE: I LIST ANY ADDITIONAL QUALIFICATIONS TO SE ,RVE ON BOARD OR COMMITTBE: I INVOLVING MORAL TURPITUDE hN THIS OR ANY STATE? ,///0 woU~D yOU CONS~ s~wo ON A BOA~ On-~R T~,~ T~ ON~(S) S~.L~.CT~D '- ] ABOVE? " ! I hereby c~rtffy ~at I am qu,~fied to hold ~e position for which ~s application is made. Further, I hereby authoriz~ the City of Sebastim to inv~stig,,t~ dae tm~(ms of all information which I haw provid~ i. this I appLication. I tmd~mtand timt am7 misr~r~(mtation or ommission of irtformatio, r~qt~st~ in this application is catme for disq~aliHcation or r~moval. I have been provid~I wi~ ~ and ,md~ud City of Set)retire Code of Ordi~m~ S~ctio=s 2-166 tta'ou¢~ 1 2-173 (attach~l). Idormation relative to a sp~:i~~r committ~ is avai~ ×A~licant ~igaatu~ ~¢~"~r"-~//--//. ~ , who, is personally lq~wn t U me, or has p roduc~' \wp-~orm\appHcatwpd I All ~ity BOard and Committ~ Members Must be Residents of the BUSINESS: BUSINESS ADDRESS: ~ YOU A HOW ~o~ DO ~OU ~Y HO~D ~mUC oreck, DO YOU P~~Y S~ ON ~ 0~K C~ BOA~ OR CO~H~E? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BErG #1: SOA~ OF xrS~USTm-'gr CITIZEN ADVISORY TASK FORCE ('NOT CU1C~NTLY MEETS'G) CODE ENFORCEMENT ', CONSTR~'CTION BOARD HANDICAPPED SELF-EV,~LUATION COMNflTTEE PLANNING AND ZONING C01~fi'vflSSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD RIVE~;'RONT COMMITTEE TREE ADVISORY COMMITTEE I APP'L~CABLE EDUCATION ~ND/OR EXPEKIENCE: (attach separate re=me it" nece. ssary) I REASONS FOR WANTING TO SERVE QN,BQ.A.RD us'r aNY ~Drnoi, c~,EQtm.~o:rioNs 'to suttv~ 'off~iOswa:~ Owc c)l~va'rTEti: HAVE Y0U EWER BEEN ,CON~. CTED OF ~NY. FELONY OR. ANY, .i~..SD.EMEANOK n, Wocv~6 MO~J~ Ttnorr~. E...~ THru 0~, Am' STA'TE? ,..~;.=.~.. ~' %. ~. -.. '.':'~..-. WQUI~, D YQU CONSID£R SERVING' ON A BO.ARD OTHER. THAN THE ONE. (S) SELECTED ~ov~? tu/A-- :-. I hereby certify thai I am qua/ified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the Izuthfidness of all information which I have provided in this application I understand that any, misrepresentation or ommission of information request&l iix this application is cause for disqualification or removal. I have b~n provided with, read and understand City. otSebastian Code o£ Ordinances Sections 2-166 through Information relative to a spedfic board or commi? is available it reques~t. 2-173 (attacheff). ~~._ _<C~ ~ '.- ,,~p!flicant Signature known to me, or has produced MY COMMISSION # CC 740478 EXPIRES: June ~8. 2002 OME ADDRESS: HOME PHONE: HOME FAX: E-MAIL: ~-1/~ ~z~ f~ ~ ~ BUS.SS PHO~: ~/-l~ BUS.SS FAX: O]-t~[ E-~IL: ~ You ~ ~ZOIS~D VO?~ ~c-~ VOT~ ~G. NO. 5 ~ ~ ao 2 HOW LONG ~ YOU BE~ A ~SID~T 0F SEBAST~N? f/ ~: ~ DO YOU C~TLY HOLD ANY P~LIC OFFICE? DO YOU P~S~LY SER~ ON ~ 0T~R CITY BOA~ OR COMMITTEE? ~O ~ICH BO~S/CO~ES? PLEASE C~CK ~ BOA~S ON ~ICH YOU A~ ~TE~STED ~ SERV~G ~ o~ER OF P~FE~CE ~ F~T CHOICE BErG ff I: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION 'BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD G,: TRUSTEES CR ATIO A . ADVISOR ' TREE ADVISORY BOARD ~ ~ ~.~_~L t:'~< ') I t APPLICABLE EDUCATION AND/OR E.-~ERfENCE: (attach separate r~ztm'm it' n~=ssm"y) i I~EASONS FOR WANTEqG TO SERVE ON, BOARD OR COMMITTEE: i LIST A~NY ADDm0NAL QUALIFICATIONS TO SEKVE ON BOAi~) OR COMiN~E: I I F, AVZ Y°U ZVS~ S~-N C0NV~C~-D OF Ar~r F~.ON~ OR A~N~ ~oLv~No~~~~ 0~s~ /o. '- i wo<D ~ou C0Nsm~ s~ oN ~ so~ o~ ~ ~ o~s) s~c~D I h=~by ~ ~ I m ~,li~ m hold &~ portion for wN~h ~s a~pN~don i~ m~:. F~er, I h~by i · pp~flon N ~ for ~s~fl~ or ~ov~ -. I i RESL~IF. NA~X,~: ADDRESS: TELEPHONE: I. PERSONAL DATA Birthday: Marital Status: Children: ff. EDUCATIONAL BACKGROUND Graduate School: College: I-I/gin School: Larry W. Napier, C,G,F.O. 163 Harris Drive Sebastian, Florida 32958 (561) 388-2070 August 16, 1948 Married Twins. Matthew & Michelle Marshall University Huntington. West Virginia 1977-1979 MBA Pro.am - Partially Completed. specializing in Accounting Marshall University 1972-1977 lVtajor: Accounting & Management Degree: BBA Marshall University 1966-1968 Major: Geology Vinson High School Huntin~on, West Vir~nia Graduated 1966 III. WORK EXPERIENCE: City of Fellsmere: Director of Finance & Accounting 1996 to date Job Description: Highly responsible administrative work directing the Finance Department, Data Processing, Risk Management and Pension Funds. Under general executive direction of the Mayor, administers the central accounting, budgetary and financial system and all public funds. City of Miami Springs: Finance Director 1993 to 1996 Job Description: Highly responsible administrative work directing the Finance Department, Data Processing, Risk Management and Pension Funds. Under general executive direction of the City Manager, administers the central accounting, budgetary and financial system and all public funds. City of Sebastian: Assistant Finance Director 1987-1993 : Job Description: Responsible for all accounting functions, monthly financial statement preparation, revenue bond covenants, compliance testing, data processing, risk management, personnel, purchasing, and internal audit. Managed the Municipal Golf Course and was liason to the independent external auditors. City of Huntington: Chief Auditor/Collections Supervisor 1985-1987 Job Description: Professional accounting and auditing work in the maintenance and review of Municipal and private fiscal records; also supervised business and occupation, occm>ational license auditors, field auditors and collectors. West Virginia State Field Agent for the West Vir~nia Tax Department: State Tax Commissioner 1981-1985 Job Description: Duties ranging fi.om assisting tax payers in administering seventeen different state taxes to auditing businesses and individuals. Setf Employed: Accounting work and tax return preparation 1979-1981 United States Navy: Communications Technician Third Class (E-4) / Assistant Watch Supervisor 1968-1972 ' Job Description: Worked in classified sophisticated electronic communication intercept. IV. ORGANIZATIONAL MEMBERSHIPS: I am a charter member and Past President of the Rotary Club of Sebastian. A former Webelos leader and Executive Committee Chairman for Boy Scout Troop 598, Wabasso. I am a member of the Florida Government Finance Officers Association, The Government Finance Officers Association, The Dade/Broward Government Finance Officers Association, and I am a Certified Government Finance Officer. I am a former charter member and Past President of the Huntington Lions Breakfast Club. I was a member of the International Fraternity of Tau Kappa Epsilon at Marshall University from 1973 to 1977 holding such offices as Treasurer and Athletic Director/Coordinator for all activities for Greek Week, and a member of the Marshall University Alumni Association. V. PERSONAL REFERENCES: Available upon request 'APPLICATION TO SERVE ON ~ITY BOARD/COMM, .~i~T, E~ij~_,' ,~! ?...' City Bo/rd and Committee Members Mu'st be Residents of the City of S~.~stian')' QY~'"'"" · · . . · . <..,.~/. '.-, .<'. HOME ADDRESS: 'S L,, " ' BDSINESS: ' , BUSINESS ADDRESS: : · BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER? V~' 5 VOTER REG. NO. ~.' ~'~ HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? /~ " DO YOU CURRENT,~ HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHE ~CIT~ BOARD OK COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #I: BOARD OF ADJUSTIvlENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUA~0N COMMITTEE PLANNING AND ZONING CObB,fiSSION · POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD APPLI. CABLE EDUC4TIQN AND/OR EXPERrIEN.CE:,(a~tach scP,~at~ resume i£ nec~ss~) REASONS FOR WANTING TO SERVE ON B~h~....OR COMM ,I~I~E: ,, , ' I a~v~ You ~w~ ~E~ co~cw_~ oF x~r~ re. om, INVOLVING MORAL TURP~ THIS ORANY STATE? woO_~ You coma)~.~ s~xvi~a oN x sO~.Om~ ta~ t~ Om(S) au&om ~e Ci~ ofSeb~m ~ ~v~figa~ ~ ~ ofa~ ~oma~on w~ch'I h~ provid~ app~cafiom I ~d ~t ~ mjs~~on ~ ~m~ion of ~omafion r~qu~ ~ ~s appflcafion is ;~ for ~squal~ca~on or ~ov~. ,. ~ I have been provided with, read and understand City of Sebastian Cod~.ogOrdinances Sections 2-166. through 2-173 (attache, d). Information relative to a specific board or.,,co..~ i.s a~__~bl¢ fi'requested. Subscribed~ and sworn to before m~ this ,/g'.~ clay. o~ , /f,.?J',' by --~/a-' 7"b~ ?~, .,;3,,4,.~_~y' ,~ ,who, ls personally, l~wn to me, or has produced ,---",~otarv Public, State'of Florida \wp-torm\applicatwpd ,APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ~/7~[7'~//_ ~'/~t HOME ADDRESS: 7~~ ,,'/-L/, HOME PHONE~_FD.30 BUSINESS: C i'/'~1 Z9/: J~'~ ~3~/;~/c/ BUSINESS ADDRESS: /,~-.,~._~ ,,/}q/J-/AJ --% ~- E-I'4AIL: BUSINESS PHONB:~>-ff~/~ BUSINESS FAX: AP~ YOU A REGISTERED VOTER? 7 ~''''~ HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? E-MAIL: VOTER REG. NO. DO YOU PRESENTLY Sh-'KVE ON ANY OTHER CITY BOARD OR. COMMITTEE? WHICHBOARDSICOMMITTSES? y~.-~ pO L/ C ~" ~D~',,U~q/d,4./ PLFASE CI-~CK ~ BOARDS ON WHICH YOU ~ INTEI~ST~D ~ SERVING IN oRDER. OF PREFERENCE WITH FIRST CHOICE BEING #I: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMlvHSSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD APPLICATION TO SERVE ON CITY BOARD/COMMITTEE I (All City Board and Committee Members Must be Residents &the City of Sebastian) BUS~SS PHO~: BUS.SS F~: E-~: HOW LON0 ~ YOU BE~ A ~~ OF SETST~N?.~ C C ~ I DO YOU C~~Y HOLD A~ P~LIC 1 o s/co Es, P~FE~ ~ ~T CHOICE BErG ~1: BO~ OF ~S~ CODE ~ORCE~ CONS~UC~ON BO~ ~IC~PED SELF-EV~UA~ON C0M~EE P~G POLICE ~M~T BO~ 0F T~USTEES ~C~ATIONAL ADVISORY BO~ 1 ~E ADVISORY BOA~ He%bert Hunsart 14o~ Seahouse Szree~,Sebastian,F1. 32952 Education: MaT,1949..B.S.Degr~g,Accounting,Rutgers Univ. School of Business 1952 ..... C.P.A.Certificate, State of N.J. Background: Various accounting positions from i9&7 to !956 February,1956..opened my own office for the practice of Public Accounting. Sold accounting practice May,19 92 and retired. Served on the Planning Board ,Town of Woodc!iff Lake, N.J. for 2½ years in the mid-70's. Served on the Citizens Sewer Committee, Wood~liff Lak~ N.J. from above for another 3 years, while ~..~e ~own had sewers installed. Was active in Junior Achievement Program, American Heart Aasoc.,Bergan Passaic Chapter as Treasurer,Ame~ Heart Assoc.,N.J. State Division,Treasurer., Boy Scouts, Various positions wi~h N~j. Society of C. P.A.'s., Advised ~evera! clients in the construction industry as their accountan~ and financial consultant.Also did l~unicipal Auditing and assisted in the preparation of budgets. June,1993. ,. Appointed as Second Alternate to the Planning & Zoning Commission,, October 27,1993..Appointed as First A!terna~e on ~he Planning & Zoning Commission. Ma,z 11, 199A ~o oresent , Aoooin~ed as a Regu!a':~ Member on Planning & Zoning Commission. 6-20-98 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 City of Sebastian, Florida Subject: Tennis Proposal Schumann Park Agenda No. ¢~- Approved for Submittal by: City Manager Department Origin: Public Works Date Submitted: 6/29/98 For Agenda of: 7/8/98 Exhibits: -EXPENDITURE REQUIR_ED: N/A -- AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The Recreation Committee met on June 22, 1998 at 7:00 PM at their regular meeting and made the following motion regarding the Schumann Tennis Courts activity programs. A motion to allow Indian River County Recreation to run all the programs at the tennis courts based on the attached RFP and that the Council consider allowing Mr. Danise and/or Mr. Berkheimer to give an occasional private lesson if this is permitted legally by reserving a court from the County the same as anyone else would do. This motion passed by a 6-2 vote. RECOMMENDATION Move to authorize the City Manager to negotiate an ageement with the County to handle pro,ams at the Tennis courts. Introduction: Purpose: Draft Request for Proposals RFP For Recreation Programs at Schumann Park Schuarmm Park in the City of Sebastian is located on the South East side of the City near the intersection of Schumann Drive and Englar Avenue. The Park consists of the following facilities: 2 lighted (dark to 10 PM) tennis courts 4 unlighted tennis courts 2 hand ball courts 1 playground (for small children) 1 basketball court 1 volleyball court I Building with restrooms and a storage area The purpose of this RFP is two fold: Responsibilities: A, Conditions: Pay Programs: The presence of program staff at the Park will reduce vandalism. Programs including tennis, handball, basketball, volleyball and playground shall be conducted for the enjoyment of the Public. Sebastian Parks staff will unlock the building and the four unlighted tennis courts Monday through Friday at 7~ 15 AM. Program staff will conduct programs for tennis, handball, basketball, volleyball and playground during the day and lock up the building and four unlighted tennis courts at daxk. C. Program staff will open (7:30 AM) and close (dark) on weekends. A. There may be charges for tennis programs on four of the six courts. Two courts must be open to free play at all times. B. Handball, basketball, vollyball and playground activities will be free at all times. C. Program staff shall be present at the facility when school is out of session D. Programs will be conducted when school is out of session. E. All facilities will be open to free play when school is in session. F. Program staff will have the use of the storage facility. A. May only be mn on four of the six tennis courts when school is out of session. B. List cost of pay programs. C. If a company for profit list revenue shared with the City. I I I i I I I I I I I I I i I I I I Subject: Request for approval to lease/rent a fuel farm facility to B & S Investments d/b/a B & S of Sebastian Investments at the Sebastian Municipal Airport. Approve~t_for Submittal by: City Manager Exhibits: none EXPENDITURE REQUIRED: $40,000 City of Sebastian, Florida Agenda No. ?~-'/~ 9 Department Origin: City Manager Date Submitted: June 30, 1998 For Agenda of: July 8, 1998 IAMOUNT BUDGETED: Transfer needed APPROPRIATION REQUIteD: $40,000 SUMMARY STATEMENT B & S Investments dgo/a B & S of Sebastian Investments, a fixed base operator at the city's airport formerly known as Sebastian Aero Services, Inc., has a fuel facility which has an underground tank, and as such, must be removed pursuant to environmental regulatory authorities. As a fixed based operator fuel sales constitute a major service offered to the flying consumer. The current lease for B & S Investments., will expire on June 17, 2000. The existing fuel facility needs to be removed by the end of this calendar year, about 18 months before the expiration of the current lease with B & S Investments. The City has reviewed this matter and sees an oppommity to provide a replacement facility meeting the needs of B & S Investments, the requirements of the regulatory authorities and provide a additional cash income to the airport enterprise fund. The cost of the facility is estimated at approximately $40,000. The monthly charge for the fuel farm would be $300.00. It would be the responsibility of the lessor, B & S Investments, to maintain the fuel farm and assume responsibility for all fuel costs including any mitigation for fuel spills. The City believes that it is possible to obtain an economic development grant from the Florida Department of Transportation for one half the associated cost for the facility ($2o,ooo). With a grant, the city would recapture its investment in approximately 5.5 years. The remaining years for which the fuel farm would be used would be a positive cash flow and income back into the airport's enterprise fund. If the proposals is satisfactory to the Council, an amendment to the current lease would be brought back to the Council for ratification and an application shall be made to the Florida Department of Transportation (Aviation) for an economic development grant. RECOMMENDED ACTION Move to approve the concept of budgeting $40,000 ($20,000 enterprise fund - $20,0000 grant funds) and authorize staff to apply for an economic development grant with FDOT and to bring back an amended lease a~eement with B & S Investments for the monthly lease of the fuel farm ,~_~, facility. ~ 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: Police Telephone System Upgrade Approved for S u bmittal: ~~.~ t~.~,-,c~ Exhibits: Agenda No. : Department Origin : Police Date Submitted : 612j?Ju~v8 8, 1998 For Agenda of : Quote from Lucent Technologies, Inc. Expenditure Required: $10,971. Amount Budgeted: Appropriation Required: $10,000. $ 971. SUMMARY STATEMI~NT The FY 97/98 police department budget, as approved by Council, included $10,000., to upgrade of the existing phone system in the police building to eliminate many of it's inequities. Specifically, the current system has no voice mail, Messaging or forwarding capabilities. This forces callers to be transferred around when someone is not in their office or is otherwise not immediately available. Experience has shown that written phone messages frequently do not get to the dght persons on a timely basis and some do not get to them at ali. Considerable mis-communication has resulted because of these problems. Also, the existing Merlin phone system needs reconfiguration to allow calls transferred to private lines to drop out of the master recording system. The existing system lends itself to abuse and compromises confidentiality of departmental business. The Lucent Technologies (formerly Bell South) system is recommended because of it's compatibility with the existing phone equipment and it is serviced by the same vendor that maintains the other phone system components. ~' The $ 971. needed over the already appropriated $10,000., can be reallocated from other funds within the existing police budget and will not require add~onal funds from the City. RECOMMENDED ACTION Authorize the City Manager to purchase the equipment and installation of the equipment needed to upgrade the police building's existing telephone system from Lucent Technologies for $10,971. Manager's Note: Since this purchase is a sole source, Council should waive the normal bidding procedures and authorize the purchase as a sole source purchase. CTT¥ OF SEBASTiAN PURCHASING EXTRAORDINARY PROCUREMENT CERTIFTCATE DAT~: June 15, 1998 TO: ?TJRCHASING DEPARTMENT FROh, I: Chief Pen~is R. ~hite Th~PE OF PROCUREM-E,NT: SINGLE SOb~RCE g- EMERGENCY ITEMS OR SERVICES REQUIRED: PROPOSED VENDOR: Lu¢~ Tceh. nologie6, Inc. 1100 Pa~k 12~ Blvd., SaSh S~e J400 Pompano Bea~, FL 33064 ~S~CA~ON FOR EX~ON TO NORMAL PRO~M~ PRO~D~: 0nly known vendor with compatible equipment for existing Merlin Legend system. Cr~ TIFTCA 270 N 0 FA E4IL4B I'LITY, ,,'NE C£SSI'T'F I hereby cerdf.v that I have thoroughly reviewed the facts and ¢ircum."tances.o£ thi~ mquea~ed purchaae and that (1) the auppiler of the goodsJsecric~ requested ia the aole source supptJer~ or (2) th~ Departmen~ has an urgent need, on aa emer,g~ency ba.~is, for the purchase of the good-~/set-vic~ and the emer~,~ency is such that a delay through the aae of aormai competitive procurement method-, to acquire such good/services would not be ia the public's be~t interest and would be detrimental to the C]~. [ alao certLr,~ that thi." request ia in full compliance with the Citw of S~baarian Pu r ch a a in, O rd in an ce- '~ Department Head Si~amre Approved: A;Form2. ,.,,'p d Date: 6 15 Month Day Ci.cy Man.er ?urchas~ 98 I I I I I I i i I I I I I I I I I I City of Sebastian, Florida Subject: Approval of proposed Resolution No.R-98-30 authoirizing the transfer of real property by quit claim deed and the acceptance of non-exclusive drainage and utility easements Agenda No. ~)]~-0~ ~- Department Origin: City Manager Date Submitted: June 30, 1998 Approved for Submittal by: City Manager For Agenda off July 8, 1998 -E~chibits: 1.) Proposed Resolution 2.) Proposed quit' Claim Deed 3.) Proposed Grant of Easement EXPENDITURE REQUIRED: OUNT BUDGETED: APPROPRIATION REQUIRED: _Wa . n/a S~Y STATEMENT When Adams & Associates Developers, Inc., accepted title from Atlantic Gulf Communities Inc., for portions of Sebastian Highlands, Unit 16, there was an overlap between the plat boundary for that portion of Section 16 and the plat boundaries for Units 6 and 8. The particular location of over- lap was in Collier Waterway. The proposed solution is for the City to quit claim the area of the Unit 16 plat (15 feet) which lies in the waterway to Adams & Associates Developers, Inc. In return, Adams & Associates will grant an easement for that portion of the waterway which lies east of the west section line of Section 18 (15 feet) to the City. A second issue involves a drainage right-of-way 65 feet in width which hms parallel to Englar Drive and lies north by the depth of a row of lots. Adams & Associates Developers, Inc., would like to have the City also quit claim the fight-of-way in exchange for a grant of easement to the City. Currently, the right-of-way is 65 feet in width and was originally expected 'to carry a significant amount of drainage from the portion of Unit 16 that Adams & Associates Developers, Inc. are developing. However, with the redesign that has been proposed, the drainage right-of-way will not have to carry the intended flow. Because of this reduce volume, the developer is requesting the City's release of this right-of-way in exchange for a non-exclusive drainage and utility easement. The concern of staff is that there be an acceptabl~, slope not to exceed 4:1 and Adams & Associates Developers, Inc., have a~eed to include it within their deed restrictions on the properties that they plat adjacent to the easement. The City Attomey has had the opportunity to review these documents and advised me that she had no objections. RECOMMENDED ACTION Staff has no objections based on the redesign of drainage and the tact that the developer has indicated that they will provide deed restrictions to insure slopes no ~eater that 4:1, therefore it is recommended that the Council adopt of Resolution R-98-30 authorizing the issuance of the _c[uit claim deed and the acceptanc~ or'the non-exclusive drainage and utility, easements. --, ./, RESOLUTION NO. R-98-30 A RESOLUTION OF THE CITY OF SEBASTIANt INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TP~NSFER AND CONVEY CERTAIN LAND IN A PORTION OF SEBASTIAN HIGHLANDS, UNIT 16 TO ADAMS & ASSOCIATES DEVELOPERS, INC., AND AUTHORIZING THE ACCEPTANCE BY THE CITY OF A NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT FROM ADAMS & ASSOCIATES DEVELOPERSt INC. WHEREAS, Adams & Associates Developers, Inc., is developing Collier Creek Estates, a subdivision within the City of Sebastian; and WHEREAS, the City of Sebastian acquired ownership of certain land in Sebastian Highlands, Unit 16 for drainage purposes by dedication on the Plat recorded in Plat Book 8, pages 45-4§J, Public Records of Indian River County, Florida, which land is within the Collier Creek Estates Subdivision; and WHEREAS, Adams & Associates Developers, Inc., has requested the City of Sebastian to transfer and convey this land dedicated for drainage purposes to it, in exchange for Adams & Associates Developers, Inc., granting a Drainage and Utility Easement to the City of Sebastian; and WHEREAS, it is appropriate for the City Council to authorize and direct the Mayor and City Clerk to sign and deliver a Quitclaim Deed and any other documents necessary to transfer and convey the said land in Sebastian Highlands, Unit 16 to Adams & Associates Developers, Inc., in exchange for Adams & Associates Developers, Inc., granting the city of Sebastian a Drainage and Utility Easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, PLORIDA, that: Section 1, The above recitals are hereby ratified and confirmed. Section 2. The Mayor and city Clerk are hereby authorized and directed to execute and seal a Quitclaim Deed and any other documents necessary to transfer and convey the following described property to Adams & Associates Developers, Inc.; A portion of Sebastian Highlands, Unit 16, as recorded in Plat Book 8, pages 45-45j, Public Records of Indian River County, Florida, more particularly described as follows: The 65 feet wide drainage right-of-way lying North of Block 531 and 532, and South of Block 529 and 523 of aforesaid Sebastian Highlands, Unit 16. And Also; That portion of Collier Creek lying East of the West section.line of Section 18, Township 31 South, Range 39 East, Indian River County Florida, and West of Blocks 518, 525, 527, 529 and Tracts D, E, F and U, of aforesaid Sebastian Highlands, Unit 16. All the above situate in Indian River County, Florida containing 3.6 a~res, more or less Section 3~ The City Manager is hereby authorized to accept on behalf of the city of Sebastian a certain Grant of Non-Exclusive Drainage and Utility Easement from Adams & Associates Developers, Inc., over the following described land. A portion of Sebastian Highlands, Unit 16, as recorded in Plat Book 8, pages 45-45J, public records of Indian River County, Florida more particularly described as follows: A 65 feet wide drainage and utility easement lying North of Block 531 and 532 of aforesaid Sebastian Highlands, Unit 16. And Also; A 15 feet wide drainage and utility easement being the West 15 feet of Section 18, Township 31, South, Range 39 East, lying between the North right-of-way of Englar Avenue and the intersection of the West line of said Section 18, with the West Lot line of Lot 5, Block 518, of said Sebastian Highlands, Unit 16. S~ction 4. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. ~ection 5. This Resolution shall take effect immediately upon its adoption. Section ~ EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha S. Wininger Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this __ day of , 1998. I I I I I i I i I I I I I I i I I i I 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 F. Settles, City Attorney Return This Instrument was prepared by: Warren W. Dill, Esq. Warren W. Dill, P.A. 1515 U.S. Hwy. 1, Ste. 201 Sebastian, Florida 32958 Parcel [demifica~tion No- ............................ (Space above this line for recording data.) .................................... QUITCLAIM DEED This Quitclaim Deed, executed this day of ,1998, by CITY OF SEBASTIAN, a municipality organized under the laws o£the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, grantor, and ADAMS & ASSOCIATES DEVELOPERS, INC., a Florida Corporation, whose address is P.O. Box 1047, Sebastian, Florida 32978-1047, the grantee, Wilnesseth, That the said grantor, for and in consideration of the sum often Dollars (.'510.00) and other good and valuable considerations to said grantor in hand paid by the said grantee, the receipt whereof ia hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the following described land, situate, lying and being in the County of Indian River State of Florida, to-wit: See Exhibit "A" attached hereto and by this reference made a part hereofi To Have and to Hold the same together with all and singular the appurtenances tlmreunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, eitber in law or equity, to the proper use, benefit and behoof of the grantee forever. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: WITNESSES City of Sebastian, Florida ~siun:mr.) By: Ip~nlt nanm) STATE OF FLORIDA COUNTY OF INDIAN RIVER By: ATTEST: ,Mayor · City Clerk The tbregoing instrument was ackuowledged betbre me this __day of by to me or who has produced , 1998, Mayor, of the City of Sebastian.. He is personally known as identification. SEAL Notary Public My Commission Expires: My Commission Number is: A portion of' Sebastian HigHlands, Unit 16, as recorded in Plat Book 8, pages 45 - 45J, Public Records of'Indian River County, Florida, more particularly described as £ollows: The 65 feet w~de drainage Hght-of-way lying North of Blocks 531 and 532, and South of'Blocks 529 and 523 o£afore~aid Sebastian HigMands, Unit 16. AND ALSO That portion of Collier Creek lying East of the West section line of Section 18, Township 31 South, Range 39 East, Indian River County, Florida, and West of Blocks 518, 525, 527, 529, and Tracts D,E,F and U, of aforesaid Sebastian Highlands, Unit 16. All the above situate in Indian River County, Florida and containing 3.6 acres, more or less. "Exhibit to 'Quitclaim Deed from City of Sebastian to Adams & .~sociates Developers, inc. I I i I I I I I i i I Tlfi* hmmmem I~'ep~'ed by: W~cn W, Dill. P.~ 1515 U.S. 11~. I. Sic. 201 Sc~i~ ~ 329~g GRANT OF NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT This easement made and executed on the day of ,1998, by Adams & Associates Developers, Inc., a Florida Corporation, whose address ifP.O. Box 1047, Sebastian, Florida 32958, Grantor, to City of Sebastian, a municipal corporation of the State of Florida &Indian River County, whose address is 1225 Main Street, Sebastian, Florida 32958, Grantee. NOW THEREFORE, in consideration of the sum ofTen Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor grants and conveys unto Grantee, its successors or assigns, a perpetual non-exclusive drainage and utility easement to lay out, construct, inspect, operate, maintain, repair and install drainage facilities and utilities, together with the right to excavate and refill trenches for the location &said drainage facilities and utilities, and the f~rther right to remove trees, buses, undergrowth and other obstructions interfering with the location, construction and maintenance &the drainage facilities and utilities, all over, under, across and through the following described land: See Exhibit "A" attached hereto and by this reference made a pan hereof, The term "Grantee" as used herein, means Grantee and Grantee's successor and assigns. If any provisions of this Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of this Easement and the application of such provisions to persons or circumstances other than those as to which the provision or application is found to be invalid shall not be affected. IN WITNESSETH WHEREOF, the Grantor has executed this Non-Exclusive Easement on the day and year first written above. Signed, sealed and delivered in our presence: WITNESSES: GRANTOR: Adams & Associates Developers, Inc., a Florida Corporation (Signatu~) (Prinl) By: Harold A. Adams, President (Signature) (Print) STATE OF FLORIDA COUNTY OF INDIAN RIVER "SEAL" The foregoing instrument was acknowledged before me this __ day of 1998, by Harold A. Adams, as President of Adams & Associates Developers, Inc., a Florida Corporation, on behalf of the corporation. He is personally known to me or has prodt,ced __ as identification. "SEAL" Notary Public My Commission Number is: My Commission Expires: EASEMENT DESCRIPTION A portion of Sebastian I-Iighlands, Unit 16, as recorded in Plat Book 8, pages 45455, Public Records of Indian River County, Florida, more particularly described as follows: A 65 feet wide drainage and utility easement lying North of Blocks 531 and 532 of aforesaid Sebastian I-Iighlands, Unit 16. AND ALSO A 15 feet wide drainage and utility easement being the West 15 feet of'Section 18, Township 31, South, Range 39 East, lying between the North right-of-way of Englar Avenue and th¢intersection of the West llne of said Section 18, with the West Lot line of tot 5, Block 518, of said Sebastian Highlands, Unit 16. Exhibit "A" to Grant of Non-Exclusive Drainage and Utility Easement from Adams 8: Associates Developers, inc. to City of'Sebastian CHE P 4-5 4-4 4-5 46 47 4-8 49 50 51 52 53 54 55 56 57 1 2 4- 5 6 7 8 I BECKE cIRcE ~ 13 50 15 - i 15 28 15 TR AC T F 16 27 16 I ~--\ / F / 9 [ B yf HOLDEN cIRCLE ~, 18 25 18 I 19 24 9 6 5 4 5 2 1 ' - 5~0 20 25 20 10 I 7 8 9 I10 11 12 21 22 21 HOLOEN OR~LE ~ ~~--~ ........ 7 ~,_ '~ I ~C~6 55514 3 2 1 "':'" '~1 25325..... i ENCLAR= DRI~ I 1 7 ~ 5 ~ 5 2 1 2 - 5~4 / 8 9 10 11 12 15 14 2 21 14 1~ 12 11 10 ,9 8 COUR~-I ~ 3 20 - KIRBY ~ 16 17 18 19 20 21 22 23 9 10 11 DAYMAN- ' TRACT O 3 2 1 I " qqq Z I City of Sebastian, Florida Subject: Dempsey & Braddock St. Road Repairs Approved for Submittal by: Thomas Frame, City Manager Agenda No. Department Origin: Public Works Martha Campbell, Acting Director Date Submitted: 6/30/98 For Agenda of: 7/8/98 Exhibits: EXPENDITURE REQUIRED: $ 20,050 AMOUNT BUDGETED: $ 3,304,855 SUMMARY APPROPRIATION REQUIRED: $8,750 (from road materials account) ' This transmittal is to request Council's approval to repair and repave streets in the area where Dempsey/Vocelle Drainage Improvements were made. Negotiations are underway with the underground piping contractor for the costs associated with the road damage. Because the roads were akeady identified for resuffacing in the City's resurfacing program and due to the 'current deteriorated condition it is recommended that action be taken immediately to repair the roads. The proposed work would include repairing (recycle) the base on Dempsey from Fleming St to Braddock St. and on Braddock St. from Layport to Dempsey (5,598 S.Y. for $20,050). Resurfacing will be done on Dempsey from Fleming St. to Barber St, Joy Street, and Braddock St (658 Tons for $21,700). Resurfacing may be conducted using an existing open purchase order with Ranger Inc. utilizing funds remaining from Barber Street paving. Council action is required to approve a purchase order with ~,sphalt Recycling, Inc. to recycle the road base for $20,050. Funding for the project shall be from funds remaining on the Barber Street Paving Purchase Order ($33,000). An additional $8,750 appropriation is necessary in order to fund both the paving and base reconstruction for a total project cost of $41,750. RE_COMMENDED~,CTION Move to approve a purchase order with Asphalt Recycling, Inc in amount of $20,050 for road recycling, and authorize an additional appropriation of 58.750 from the road materials account. Subject: Refund request by L. I. Tree Service, Richard Fey, President regarding a site plan application fee. Approved for Submittal by: City Manager Exhibits: · Letter from Richard Fey -EXPENDITURE REQUIRED: I AMOUNT BUDGETED: nga I n/a City of Sebastian, Florida Agenda No. ~- Department Origin: Cky Manager Date Submitted: July 1, 1998 For Agenda of: July 8, 1998 IAPPROPRIATION REQUIRED: n/a SUMMARY STATEMENT Attached is a letter from Mr. Richard Fey requesting a refund of his $750 site plan application fee. Staff did proceed with the commencement of the site plan review process. Mr. Fey states the facts from his perspective. This is a matter that needs direction from the Council since I find no, specific policy on this.matter. RECOMMENDED ACTION Provide staffwith direction to either issue a refund or not to issue a refund. L.I. Tree Service, Inc. P.O. Box 0938 Roseland, FI. 32958 (961)Sa9-~660 FAX (561 }589-3143 6125/98 City Of Sebastian Thomas Frame-City Manager 1225 Main St. Sebastian, Fl. 32958 RE: Refund for mulching site plan application Dear Mr. Frame, This is in reponse to your June 15, 1998 letter. Please be advised that just after Bruce Cooper submitted the site plan application & check #7774 issued on 7/12196 in the amount of $750.00, '1 had a potential buyer for the Old Dixie property. i called Mr. Masserelli within a day or two, to ask him postpone all proceedings related to the site plan application. I told him that I would have Mr. Cooper contact him if I decided to proceed with the application. He agreed to hold the money in escrow, and if i did withdraw the application, I could have a full refund. He even commented that it would be nice for the city not to have a mulching facility in their backyard, if i did choose to withdraw. I received a fax on July 22, 1996. i questioned why he continued with research after my request to postpone. I did choose not to proceed with the facility and requested that the application fee be refunded. Mr. Masserelli expressed that he would get to it as soon as possible. I have been attempting to have the matter resolved for almost 2 years. Mr. Masserelli has resigned and my fee has not been refunded. I have always felt that Mr. Masserellis intentions with any of my business ~ea~ings 'were a~ways negative. ~ was always told to wait in order for any action to be taken in any matters that involved Mr. Masserelli and the city. I am sure that you will handle this matter accordingly. Thank You, Richard Fey, Pres.