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Home My WebLink About01131993City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 AGENDA SEBASTIAN CITY COUNCH~ WEDNESDAY, jANUARY 13, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN ~ OFFICE OF THE CiTY CLERK, CiTY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Ed Eby - First Church of the Nazarene 4. ROLL CALL 5. AGENDA MODIFICATIONS {/%DDITIONS i~ND]OR Items not on the written agenda may be upon unanimous consent of the Council (Resolution No. R-89-59). DELETIONS) - added only members present 6. PROCLAMATIONS AND/OR ANNOUNCEMENT,~ 7. PUBLIC ~E/%RINGt FINAL ~CTION ! I None. 8. PUBL][C ~NPUT ON AGENDA IT.S I Pgs 1-42 93.021/ 92.151 Pgs 43-54 9. CONSENT AG=ENDA Ail 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 - 11/18/92 Regular Meeting, 12/2/92 Special Meeting/Workshop, 12/16/92 Special Meeting, 1/6/93 Special Meeting/Workshop B. 0~~~O. 0-93-02 - Charter Revisions (City Clerk Recommendation dated 1/7/93, 0-93--02) 1St Reading, Bet P~blic Hearing for 1/27/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER; PROVIDING FOR REVISIONS TO SECTIONS 2.05, 2.08, 2.12, 3.01, 3.03, 3.08 AND 5.01 OF THE CITY CHARTER TO PROVIDE FOR THE CORRECTION AND/OR CLARIFICATION OF EXISTING PROVISIONS; AMENDING SECTION 2.05 OF THE CITY CHARTER PERTAINING TO COMPENSATION AND EXPENSES OF THE MAYOR, VICE-MAYOR AND OTHER CITY COUNCIL MEMBERS; AMENDING SECTION 2.08 OF THE CITY CHARTER PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF COUNCIL MEMBERS; AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE CITY COUNCIL; AMENDING SECTION 3.O1 OF THE CiTY CHARTER PERTAINING TO THE CREATION OF CITY DEPARTMENTS, OFFICES AND AGENCIES; AMENDING SECTION 3.03 OF THE CITY CHARTER PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; AMENDING SECTION 3.08 OF THE CITY CHARTER PERTAINING TO THE POWER OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS; AMENDING SECTION 5.O1 OF THE CITY CHARTER PERTAINING TO THE SEVERABILITY OF PROVISIONS OF THE CITY CHARTER, PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 93.022/ 92.151 Pgs 55-64 93.023/ 92.151 Pgs 65-74 ORDI~_~.NO. 0-93-03 - Charter Revisions (City Clerk Recommendation dated 1/7/93, 0-93-03) 1st Reading, Set Public Hearing for 1/27/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS MEMBERS; AMENDING SECTION 2.O1 OF THE CITY CHARTER TO PROVIDE FOR A CITY COUNCIL CONSISTING OF FIVE COUNCIL MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR; AMENDING SECTION 2.06 OF THE CITY CHARTER PROVIDING FOR THE PROCEDURE FOR ELECTING THEMAYORAND VICE-MAYOR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. De ORDINANCE ~O. 0-95-04 - Charter Revisions (City Clerk Recommendation dated 1/7/93, 0-93-04) Xst Reading, Set Publlc Hearing for 1/27/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER; AMENDING SECTION 4.02 OF THE CITY CHARTER PERTAINING TO FILING OF CANDIDATE'S OATH AND LOYALTY OATH; PROVIDING FOR THE REPEAL OF SECTION 4.03 OF THE CITY CHARTER PERTAINING TO SPECIAL MUNICIPAL ELECTIONS TO ELECT ELECTIVE OFFICERS; PROVIDING FOR THE REPEAL OF SECTION 4.06 OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS AND POLLING PLACES; AMENDING SECTION 4.07 OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE ALL NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTIONS; AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY CANVASSING BOARD AND RECORDING RESULTS OF THE 93.024 Pgs. 75-78 93.025 Pgs 79-80 93.026 Pgs 81-82 93.027 Pgs 83-84 93.028 Pgs 85-86 10. 93.016/ 92.286 BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL FOR PURPOSES OF RECEIVING RESULTS OF THE CiTY CANVASSING BOARD, DECLARING ELECTION RESULTS AND ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER PERTAINING TO BALLOTS; AMENDING SECTION 4.12 OF THE CITY CHARTER PERTAINING TO ELECTION PROCEDURES IN THE EVENT OF A TIE VOTE; PROVIDING THAT BALLOTS SHALL CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE GENERAL ELECTION LAW OF THE STATE OF FLORIDA; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE.BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Bid Award - City Manager's Office Workstations - Richards Carpentry - $1,957.00 (Staff Recommendation dated 1/7/93, Bid Tabulation, DCD Memo dated 1/6/93) Request for Community Center - A/B - Hulce Wedding Reception - 2/6/93 - 3 to 8 p.m. - Permittee Susan ~ulce DOB 4/30/53 - Security Paid (City Clerk Recommendation dated 12/17/92, Application) Ge Request for Community Center - A/B - Di Somma Wedding Reception - 3/13/93 - 3:30 to 9:30 p.m. - Permittee Carol, DiSomma 4/29/37 - Security Paid (City Clerk Recommendation dated 12/4/92, Application) Request for community Center - A/B - Fraternal Order of Police - Policeman's Ball - 2/27/93 - 8:00 p.m. to 12:00 a.m. - Permittee Joseph Scarpa DOB 4/7/48 - Security Paid (City Clerk Recommendation dated 1/6/93, Application) Request for Community Center - Knights of Columbus - St. Patrick's Day Dance - 3/20/93 - 7:00 p.m. to 11:00 p.m. - A/B - Permittee Charles Pullara DOB - 2/24/32 - Security Paid (City Clerk Recommendation dated 1/7/93, Application) ITEMS ~ FROM THE JANUARY 6_~ 1993 WORKSHOP U.S. Fish and Wildlife - Pelican Island Day (Staff Recommendation dated 12/30/92, Petty Memo dated 12/21/92, Kinchen Memo dated 12/28/92, Whitmore Letter dated 12/14/92) 93.015 Pgs 95-102 93.017/ C. 92.262 Pgs 103-106 93.018 D. Pgs 107-108 93.013 E. Pgs 109-112 93.019 F. Pgs 113-114 93.011 G. Pgs 115-132 93.020 Pgs 133-136 11. 12. Fourth of July Committee - Request for Two-Day Event - Raise City Contribution to $8,000.00 (Staff Recommendation dated 12/30/92, Letter dated 11/18/92, Kinchen Letter dated 12/28/92, Petty Memo dated 12/21/92, Hudkins Memo dated 12/28/92) Sub-lease - Skydive Sebastian, inc. and Sebastian Aero Services (Staff Recommendation dated 12/29/92, Sub-lease Agreement) Proposed Job Description - Zoning Technician - Community Development (Staff Recommendation dated 12/30/92, Job Description) Basketball-Recreation Areas (City Manager Recommendation dated 12/22/92, Cost Estimate dated 12/22/92, Maps Under Separate Cover) Councilmember Corum - Sebastian/U.S. Fish & Wildlife Entrance Signs (Design) Golf Course Operation (city Manager Recommendation dated 1/7/93, City Manager Memo dated 12/21/92, Finance Director Memos dated 11/4/92 and 11/9/92, Golf Course Manager Memos dated 11/12/92 and 11/17/92, Faust Memo dated 1/6/93) William Barber, 1001 Genessee Avenue - Request to Amend Code of Ordinances Section 18-27 Re: Livestock, Fowl and Non-Domesticated Animals (Director of Community Development Recommendation dated 12/29/92, Barber Letter dated 12/9/92, Enforcement Letter dated 11/13/92, Section 18-27) ~RESENTATIONS MAYOR AND ~ COUNCIL MATTERS A. Mayor Lonnie R. Powell B. Mr. Frank Oberbeck C. Mrs. Carolyn Corum D. Dr. Peter R. Holyk E. Mr. George G. Reid 13. i4. 93.029/ 91.221 Pgs 137-i42 15. cITY ATTORNE¥~ CiTY MANAGERMATTERS A. Report on Utilities Director Appointment (City Manager Recommendation dated 1/7/93) ~0MMITTEE REPORTS/R~QMMENDATIONS A. PLANNING AND ~ONING ~ 93. 030 1. Pgs 143-146 16. 17. 93.031/ A. 92.260 Pgs 147-178 93.032 Pgs 179-180 18. Recommendation - Administration of Oath (Staff Recommendation dated 1/7/93, P & Z Memo dated 12/8/92, Proposed Resolution) OLD BUSINESS NE~BUSINESS ~ESOLUTIO~ NO. ~ - Adopt Agreement with TRICO Insurance (Staff Recommendation dated 1/6/93, R-93-01, Agreement, Assistant Finance Director Memo dated 10/26/92, Florida Municipal Risk Reporter dated 9/18/92, City Attorney Memos dated 9/28/92 and 12/12/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING MEMBERSHIP IN THE TRI-COUNTY RISK MANAGEMENT PROGRAM AND APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE BOARD OF DIRECTORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Council Chambers Video Monitors (Staff Recommendation dated 1/7/93) INTRODUCTION OF BUSINESS BY THE ~ (Which is Not otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 19. ADJOURN 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 NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) I City of Sebastian i POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY C0 CIL REGULAR MEETING WEDNESDAY, NOVEMBER 18, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Vice Mayor Oberbeck called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Merola, St. Elizabeth Church. 4. ROLL CALL Present: Absent: Also Present: Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Mayor Lonnie Powell (excused) City Manager, Robert McClary City Attorney, Charles Mash Director of Community Development, Bruce Cooper Finance Director, Mike Hudkins Chief of Police, Earle Petty Deputy City Clerk, Sally Maio Clerk II, Linda Lohsl Regular City Council Meeting November 18, 1992 Page Two 3 iTEMS CARRIED FORWARD FROM 11/4/92 WORKSHOP (See 11/4/92 Agenda Packet for Backup) 92.220 A. Channel 68 Marina - Richard Fey .(Staff Recommendation dated 10/29~.2, Fey Letter dated ~0/28~.92~ Jones Survey dated 9~16/9~, DER Notice dated~ Following input from Randy Mosby, Mosby & Associates, representing Richard Fey, and a lengthy discussion among Mr. Mosby, the Director of Community Development, City Manager and City Council, motions were made as follows: MOTION by Holyk/Retd i would move that we accept the riparian rights line. VOICE VOTE on the motion carried 4-0 (Powell absent) MOTION by Holyk/Retd I would move that we allow the existing dock facility in its present location. VOICE VOTE on the motion carried 4-0. (Powe11 absent) MOTION by Holyk/Corum I would move that we grant Mr. Fey's request to allow the tie poles within one foot of riparian rights line beyond 200 feet from the shore line on the north side of his dock. VOICE VOTE on the motion carried 4-0. (Powell absent) The Director of Community Development noted that the following issues were necessary for comment to Department of Environmental Regulation. MOTION by Holyk/Reid I would move that we accept the deck addition with the 100' square foot building for fuel facilities. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid I would move that we accept the design for the channel markers and marina identification sign. 2 Regular City Council Meeting November 18, 1992 Page Three 92.262 VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid I would move that we allow the current owner to continue the maintenance dredging of the submerged lease area. VOICE VOTE on the motion carried 4-0. (Powell absent) Permitting Sk~diving Activities at the Sebastian ~al Airport and Leasing Airport Property (Staff Recommendation dated 10/29/92, Report of FAA Rulings, ~ Attorney Letter dated 10/28/92) The Finance Director and Airport Manager gave brief reports recommending that an FAA safety study be conducted, followed by City Manager input. Clay Price, Skydive Sebastian, Inc. addressed City Council. TAPE I - SIDE II Following a lengthy discussion relative to public safety issues and lease proposals, motion was made. MOTION by Holyk/Reid I would move that we direct staff to negotiate diligently with Skydive Sebastian, Inc. to promulgate a set of rules to protect the public safety and allow Skydive Sebastian, Inc. to piggyback onto an existing lease but that the city not waive any terms of the current lease with that tenant and concurrently request the FAA to do a safety study regarding parachuting at Sebastian Airport with all due haste. VOICE VOTE on the motion carried 4-0. (Powell absent) Mr. Oberbeck called recess from 8:10 p.m. to 8:20 p.m. Ail members were present when the meeting reconvened. 3 Regular City Council Meeting November 18, 1992 Page Four 92.305 C. Barber Street Sports Com~plex Expansion - Engage Ser~i~es Of ~oSb~y an__d A~s0ciates, i'nCl Preparation of Master Plan (City Manager Recommendation dated 10/28/92, Mosby ~ .da~gd ~0/28/9~.)-- John Kanfoush, 1437 Seahouse Street, Sebastian, requested that a basketball court be located at Barber Street Sports Complex. The Ci%~ Manager reported on the proposed expansion and stated a site plan will be submitted to Planning and Zoning following approval of the conceptual plan by City Council, at which time residents will have opportunity for comment, that a survey of the property will cost an additional $1750.00, and that funding will come from County option sales tax fund for park improvements which the city will ask the county to reimburse in the future. MOTION by Holyk/Corum I would move that we approve the proposal by Mosby and Associates, Inc. of Veto Beach with our thanks for their very reasonable price figure for preparation of our master plan for the. Barber Street Sports Complex expansion as outlined in their letter dated October 28, 1992 and further to approve the amount of $1,750 for the necessary surveys. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell absent MOTION CARRIED 4-0. (Powell absent) AGENDA MODIFICATIONS ~ADDITiONS AND/OR DELETIONS) - Items not on the written agenda ma~ b~ added onl~ upon unanimous consent of the Council members present (Resolution No. R-89-59). None. PROCLAMATIONS AND/O~ ANNOUNCEMENTS None. 4 Regular City Council Meeting November 18, 1992 Page Five PUBLIC HEARING, FINAL ACTION None. 9. PUBLIC INPUT ON AGENDA ITEMS A1 Vilardi, 445 Georgia Boulevard, Sebastian, spoke on the City Manager report on the 93 FY millage rate. Charles Silva requested to speak on Wave Street and Mr. Oberbeck said he would move Mr. Silva to "Introduction of Business from the Public" TAPE II - SIDE I The City Manager read from the resolution which requires that any item introduced by the public must be submitted to the City Clerk's office six days prior to the meeting or added to the agenda by unanimous vote. Discussion ensued relative to procedure for public input. MOTION by Holyk/Corum I would move that we allow Mr. Charles Silva of 414 Tulip Street to speak on Wave Street and Mr. Ernie Aungst, of 364 SE 4th Place to speak on questions of employment with the city under matters of Introduction of Business from the Public on non- agenda items. VOICE VOTE on the motion carried 4-0. (Powell absent) 10. 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. Approval of Minutes - 10/28/92 Regular Meeting, 11/4/92 Special Meeting/Workshop Regular City Council Meeting November 18, 1992 Page Six 92.306 92.299 92.307 92.308 92.309 92.310 92.311 B. RESOLUTION NO. R-92-44 - Fraternal Order of Police Union Contract - 10/1/92 - 9/30/95 (City Manager Recommendation dated 11/12/92, R-92-44, City Manager Memo dated 10/13/92) A RESOLUTION OF TME CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE AGREEMENT FOR POLICE OFFICERS, INVESTIGATORS AND SERGEANTS FOR TME PERIOD FROM OCTOBER 1, 1992 THROUGM AND INCLUDING SEPTEMBER 30, 1995; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT MEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Waiver of Bidding Procedure - State Contract Price - Purchase Public Works Dump Truck - $25,988 (Staff Recommendation dated 11/2/92 Price List) · Bid Award - Public Works - 3 Gang Flail Mower - Berggren Equipment Company, Ft. Pierce - $19,585. (Staff Recommendation dated 11/12/92, Bid Tabulation, Assistant Public Works Director Memo dated 11/12/92) Waiver of Bidding Procedure - Authorize Purchase of LEA6307 Surveillance System from Law Enforcements Associates, Inc. - S3,750 (Staff Recommendation dated 11/3/92, LEA Letter dated 10/28/92 and Specs) Request for Use of Community Center - Bransky Wedding Reception - 12/19/92 - 8:00 pm. to Midnight - A/B - Permittee DOB 7/13/47 - Security Paid (City Clerk Recommendation dated 10/27/92 Application) , G. Request for Use of Yacht Club ~ Sebastian Area Civic Association - Distribution of Donation Checks to Charitable Organizations - 12/11/92 - Full Fee Waiver (City Clerk Recommendation dated 11/4/92, Phelan Letter dated 11/4/92) H. Receive Code Enforcement Orders - Case Nos. 92- 7138 (Hosti) - 92-7275 (Feltz) (Orders) The City Manager read the consent agenda in its entirety. I I' I i i I I I I i I i i I i I I i I. R, egular City Council Meeting November 18, 1992 Page Seven 11. MOTION by Holyk/Reid I would move that the consent agenda, all items A, B, C, D, E, F, G and H, be approved as written. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell absent Mr. Oberbeck aye MOTION CARRIED 4-0. (Powell absent) PRESENTATIONS None. 12. MAYOR AND CiTY COUNCIL MATTERS A. Mrs. Carolyn Corum Mrs. Corum expressed concern relative to Humana Hospital; said she was misquoted in a letter to the editor in the Press Journal relative to golf course expansion; reported that a boardwalk had been installed at Riverview Park; said she wants to see the riverfront pro3ect go forward; and urged participation in the FOP fair at Riverview Park north. Mr. Oberbeck said the FOP is sponsoring the fair to benefit area youth. B. Dr. Peter R. Holyk Dr. Holyk said, relative to Pelican Island Wildlife refuge, the environment, etc., that people should show some moderation in their approach to expanding the refuge area; said the city should look into sewage being dumped into the Sebastian River from south Brevard County; expressed concern relative to Humana Hospital's possible demise and urged support; said that analysis of golf course needs does not require that a person play the game; and encouraged the public to attend meetings and show some courtesy. 7 Regular City Council Meeting November 18, 1992 Page Eight C. Mr. George G. Reid Mr. Reid concurred with Dr. Holyk relative to the need for expertise to make decisions; expressed concern about Humana Hospital; said he had helped cut the ribbon at the Environmental Learning Center and was encouraged with the public response. D. ~ Lonnie R. Powell Absent. E. Mr. Frank Oberbeck Mr. Oberbeck inquired about pending Utilities Director and Personnel Director positions. The City Manager said a report on the Personnel Director job description and salary will be on the next City Council agenda and that he is interviewing Utilities Director applicants. Mr. Oberbeck asked how the Americans with Disabilities Act program is progressing. The City Manager responded that Captain Dave Puscher is the ADA coordinator, that there is a long way to go, and as long as the city is proceeding he did not believe the city was in Jeopardy. 13. CITY ATTORNEY MATTERS None. 92.155 14. CITY MANAGER MATTERS A. Report on Milla__9~~ Rate for F-93 /No Backup.) The City Manager gave a brief explanation of the technical error due to miscalculation of revenues, explained the lack of backup at agenda closing, stated that 19 taxing authorities had this problem, and recommended that the only option is to readvertise and reoonduct budget.hearings. He requested that the hearing take place on December 2, 1992. The Finance Director further explained the error in the advertising of the budget summary, reiterated options available to City Council and recommended that the hearings be readvertised and reconducted. 8 I '1 I i I I I I i i I i I I I I I I Regular City Council Meeting November 18, 1992 Page Nine 15. 16. 17. 18. 19. MOTION by Holyk/Reid I would make a motion that we call a special meeting for December 2, and advertise a public hearing of the budget of the City of Sebastian for that evening at 7:00 p.m. VOICE VOTE on the motion carried 4-0. (Powell absent) The Finance Director said the corrected information has been faxed to the Department of Revenue and the City Manager said the department had agreed to review the city's advertisements and millage rates in the future prior to submittal to City Council. COMMITTEE REPORTS/RECOMMENDATIONS Mrs. Corum reported on a recent meeting regarding "Pelican island Days", and requested people to volunteer for the celebration. TAPE II - SiDE II OLD BUSINESS None. NEW BUSINESS None. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Charles Silva, 414 Tulip Street, Sebastian, requested that Wave Street be included in the current city traffic study and recommended that a sign be placed regarding use by "emergency vehicles only" at this time. He was advised to meet with staff. Ernie Aungst, 364 SE 4th Place, Vero Beach, addressed City Council relative to problems he encountered regarding assurances of employment by the Golf Course Manager. Being no further business, Vice Mayor Oberbeck adjourned the meeting at 9:50 p.m. Regular City Council Meeting November 18, 1992 Page Ten Approved at the Kathryn M. O'Halloran, CltM Clerk 10 1992 Council Meeting. Lonnie R. Powell, Mayor City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) MI NI~T E S SEBASTIAN CITY COUNCIL SPECIAL MEETING/WORKSHOP WEDNESDAY, DECEMBER 2, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE OF SPECIAL MEETING: PUBLIC HEARING AND FINAL ADOPTION OF: * RESOLOTIOH HO. R-92-46 -ffI~ * RESOIZITION HO. R-92-47 - 1992/93 FISCAL~~ * P. ESOIZI'fION HO. R-92-41 - VACATION OF EASENKW'f * RESOLUTION HO. R-92-49 - PERSOn. DIRECTOR JOB DESCRIPTION Mayor Powell called the special meeting to order at 7:00 p.m. I I I The Pledge of Allegiance was recited. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid I i i Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Mike Hudkins city Clerk, Kathryn O'Halloran Administrative Secretary, Joanne Sandberg I I Special City Council Meeting/Workshop December 2, 1992 Page Two 92.155 92.155 4. ~ ~EARING. FINAL A. RESOLUTI,~N NO. ~ - Millage Rate RESOLUTION NO. R-92-46 IS TO BE READ IN FULL IN ACCORDANCE WITH FS 200.065 (2) (d) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR THE CALENDAR YEAR 1992; PROVIDING FOR DEPOSIT OF TAX LEVIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 11/27/92) The City Attorney read Resolution No. R-92-46 by title only and Mayor Powell opened the public hearing at 7:02 p.m. The Finance Director explained the reason and intent for this Resolution and upon questioning by Dr. Holyk, the City Attorney read the Resolution in full. Mayor Powell closed the public hearing at 7:04 p.m. MOTION by Corum/Holyk I move we adopt Resolution R-92-46 as read. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. B. RES0~LUTION ~ R-92-4,? - 92/93 FY Budget A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD 2 I '1 i I I I I I I I i I I I I I I---t I I Special City Council Meeting/Workshop December 2, 1992 ~Page Three 92.312 6. THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS MEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 11/27/92) The City Attorney read Resolution No. R-92-47 by title only, Mayor Powell opened the public hearing at 7:08 p.m. and, being no input, closed it. MOTION by Oberbeck/Holyk I would move to approve R-92-47 as read by the City Attorney. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 5-0. 5. PUBLIC ~ ON AGENDA ITEMS (SPECIAL MEETING ITEMS) Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. RESOLUTION NO- R~92-41 - YACATION OF EASEMENT - WILSON - LOT 14v BLOCK 447, UNIT 17 (R-92-41, Vacation Of Easement Memo From Dan Eckis Dated 10/8/92, Application From Wilson, Plat of Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST TEN FEET OF THE EAST TWENTY FOOT DRAINAGE AND UTILITY EASEMENT OF LOT 14, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Special City Council Meeting/Workshop December 2, 1992 Page Four The City Attorney read Resolution No. R-92-41 by title only. The City Attorney requested that the motion have an addendum included on page 2: "and they did not take an oath." MOTION BY Holyk/Oberbeck I would move to adopt Resolution R-92-41 by title as read by the City Attorney with the addition to notary page. VOICE VOTE on the motion carried 5-0. 92.217 E~~N0. R-9~-{9 -STEVENSON- CITY LAND TRADE (Community Development Director Recommendation Dated 11/24/92, R-92-48, Special Warranty Deed) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CONVEYANCE OF A PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN EXCHANGE FOR A PERPETUAL EASEMENT FOR A PORTION THEREOF AND A PERPETUAL EASEMENT FOR THE SOUT~ FIVE FEET OF ANOTHER TRACT OF REAL PROPERTY; AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A SPECIAL WARRANTY DEED TO IMPLEMENT THE CONVEYANCE OF THE PARCEL OF UNIMPROVED REAL PROPERTY TO HAZEL T. STEVENSON IN A FORM IDENTICAL TO THE SPECIAL WARRANTY DEED ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-92-48 by title only. The City Manger explained the intent of this Resolution. MOTION by Oberbeck/Reid I would move to approve Resolution R-92-48. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. 4 Special City Council Meeting/Workshop December 2, 1992 ,Page Five 92.313 8. RESOLUTION NO. ~-9Z-49 - PERSONNEL DIRECTOR JOB DESCRIPTION (City Manager Recommendation Dated 11/24/92, R-92-49, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF PERSONNEL DIRECTOR; 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. Resolution No. R-92-49 was read by title only by the City Attorney. Ms. Norma Damp, a member of the Personnel Director Committee spoke to this item. The Council and City Manager expressed their gratitude for a job well done by this committee. MOTION by Holyk/Oberbeck I would move to adopt R-92-49. 10. 11. 12. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. Mayor Powell adjourned the Special Meeting at 7:18 p.m. Mayor Powell called the workshop to order at 7:18 p.m. and all members of city Council were present. AGENDA MODIFICATIONS IADDITI~ AND~OR DELETIONS) The city Manager requested that Holiday Builders' request for removal of a specimen tree be added as the last item of this agenda. It was the consensus of the Council to add this request to the agenda. ANNOUNCEMENTS,.. It was announced that the traffic light is up and working at CR 512 and Fleming St. 5 Special City Council Meeting/Workshop December 2, 1992 Page Six 92.319 13. PUBLIC INPUT 9N AGENDA Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the recordprior to addressing the Council. Norma Damp, 309 Benedictine and Sal Neglia, 461 Georgia Blvd., spoke on the Personnel Director position. A1 Vilardi, 445 Georgia Blvd., Sebastian, spoke on the City Manager's contract renewal. 14. ~ 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. The City Manager read the consent agenda in its entirety and the Vice mayor read the request from the Sebastian Property Owner's Association. (See letter attached) Sebastian Panthers Youth Association Fee Waiver - Reduce Security Deposit To $100.00 - Awards Banquet - Comm. Center (City Clerk Recommendation dated 11/24/92, Rental Application) B. Sebastian Property Owner's Association - Fee Waiver - Yacht Club - Dec. 13, 1992 MOTION by Oberbeck/Holyk I would move to approve the consent agenda as presented and amended. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. Special City Council Meeting/Workshop December 2, 1992 .Page Seven 15. WORKSHOP ITF~MS 92.313 A. TAPE ONE SIDE TWO 7:45 p.m. Personnel Director - ~ On ~ Range (city Manager ~ommendation Dated 11/24/92, Salary SurveY] The City Manager proposed, in accord with the Personnel Committee, a range of salary for this position of $30,000 to $35,000. A great deal of discussion followed on the subjects of salary range, population, experience, inducements, benefits, education, etc. The City Manager commented that he would like a range to be established to enable room for negotiation. He requested a salary range of $28-30,000 for advertise- ment purposes. MOTION by Reid/Holyk I would move to establish a salary range in the amount of $28,000 to $32,000. ROLL CALL: Mrs. Corum nay Dr. Holyk aye Mr. Reid aye Mayor Powell nay Mr. Oberbeck nay MOTION FAILED 2-3 (Corum, oberbeck, Powell - nay) MOTION by Oberbeck/Corum I would move to establish a salary range for the Personnel Director position from $26,000 to $30,000. ROLL CALL: Mrs. Corum aye Dr. Holyk nay Mr. Reid nay Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 3-2. (Holyk & Reid - nay) 7 Special City Council Meeting/Workshop December 2, 1992 Page Eight 92.314 B. 92.151 C--i~ Manager Con~r. act ~ ~ ~ ~commen~at~on ~2~J~C_i~ Manager Upon completion of the City Manager's presentation, each member of the City Council assured him they were in total agreement with the extension of the contract through calendar year 1994. A lengthy discussion took place relating to the requested 2.5% increase in the City's contribution to ICMA retirement. MOTION by Oberbeck/corum I would move to approve the City Manager's contract through calendar year 1994 but disallow increase to ICMA. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. Mayor Powell recessed the meeting from 8:15 p.m. to 8:30 p.m. Ail members were present. (Tape resumes at this time) Review r~ Ch__h~ Revisions {Memo From Ann ~ ~ Of ~ bated 2~3k~_~_~_PJ_~_~_q~~ 0-92~19, 0-92-20 a---r~ O-~1 ~ Distribute~) The City Attorney commented that the Supervisor of Elections, comments met with his approval and sought direction from City Council. The City Manager noted that the Clerk had distributed the proposed Ordinances to City Council on September 24, 1992. Proposed Ordinance No. 0-92-19 - In accordance with the recommendation of the City Manager, it was the consensus of the Council that language relative to reimbursement of City Council travel expenses be stricken from the Charter due to the existence of stringent state law, and that a corresponding ordinance be prepared. 8 Special City Council Meeting/Workshop December 2, 1992 ,Page Nine TAPE II SIDE I 8:48 P.M. Page 3 section 2. "Filling vacancies." The City Manager suggested that appointments be made by City Council to fill any vacancies. It was noted that the city holds an election each year and an appointment could be made at the next general election for a one year term. This was the consensus of the Council. The City Manager commented on section 3, having to do with the voting. The City Clerk noted that "nay votes" are always recorded in the minutes. Proposed 0-92-20 - Section 2.06, pages 4 and 5 came under a great deal of scrutiny and discussion. It was the consensus of City Council that positions of Mayor and Vice Mayor, if appointed by City Council, should not have limited terms. A brief discussion was held on requiring a second to a nomination for a position and the City Attorney stated he would correct this. Proposed 0-92-21 - Ail members of the Council were in agreement with the Supervisor of Elections' comments. 92.320 Street improvement Pro,ram ~ Fiscal ~992/93 C/~_~~ReGommendation dated k~/23/92, Ci~ E_D_qineer Memo ~ 11/23/92 ~nd Street ImProvement Spread Sheet, ~mpire En~ineerin~ Test Reports. Gallentine Sub Pla% ~ The City Engineer gave a concise report to City Council and a lengthy discussion followed. MOTION by Holyk/Reid I would move that we approve the Street Improvement program list for fiscal '92-93 as shown. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. Special City Council Meeting/Workshop December 2, 1992 Page Ten 92.315 TAPE II SIDE II 9:35 P.M. MOTION by Holyk/Oberbeck I would move that the normal bidding procedures be waived so that we can piggyback on the County's contract with Dickerson for overlay. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. Request To Donat~ To The Environ~Dt~ ~ ~ o~~ Development ~ Re¢ommen~t~D Dated 4~ Letter From Holly Dil~ Dated~ADDli~atiQ. n For Buy-A-Plank Or Pillar) There was pro and con discussion relative to spending taxpayers' money. MOTION by Corum/Reid I move that the City of Sebastian buy a plank at the ELC for the residents of Sebastian. City Attorney requested, for the record, articulation on the benefit the City will receive. City Council concurred with the following benefits; education, additional recreation facility, and pride in the city. ROLL CALL: Mr. Oberbeck nay Mrs. Corum aye Dr. Holyk nay Mr. Reid aye Mayor Powell nay MOTION FAILED 2-3. (Oberbeck, Holyk & Powell - nay) In lieu of taxpayers' money being donated to this worthy cause members of City Council and charter officers donated $100 to purchase a plank in the name of the City of Sebastian. Vice Mayor Oberbeck was excused from 9:25 p.m. to 9:30 p.m. 10 Special City Council Meeting/Workshop December 2, 1992 .Page Eleven 92.316 F. PlanniD~ A ~ninq Commi~pion Membership Renewals (C~munit¥ Development ~ Recommendation Dated ~ Twelve {1~ ADDlication$~ Memo Dated 11/20/92 From P&Z) There was no discussion on this matter since City Council had previously reviewed all applications. MOTION by Holyk/Oberbeck I would make a motion that we appoint Mr. Arthur Firtion as a regular member of the P & Z Board ending December 1995. VOICE VOTE CARRIED 5-0. MOTION by Oberbeck/Holyk I would move that we appoint Carl Fischer, 1st alternate member, to the P & Z, term ending November 1995. VOICE VOTE CARRIED 5-0. MOTION by Oberbeck/Holyk I would move that we appoint Howard Goldstein, as 2nd alternate member to the P & Z, term ending January 1996. VOICE VOTE CARRIED 5-0. 92.317 Tree Protection grdinanGD (Commp~ity DeveloPment Director Recommendation ~ 1 2~ Memo From ~ ! ~ Dated 11120/92, Proposed .~mendments To The Tree p~gtecti0n O.rd~nance ~rticle ~IV) Charles Stachel, 1698 Coral Reef, and Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, addressed city Council on the proposed tree protection Ordinance: A very lengthy discussion followed and the Director of Community Development replied to questions from the Council. TAPE III SIDE I 10:29 P.M. 11 Special City Council Meeting/Workshop December 2, 1992 Page Twelve 16. 17. MOTION by Reid/Holyk I move that we get the City Attorney to draft an ordinance for the proposed amendments to the tree protection ordinance, in accordance with what we've been provided. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell nay Mr. Oberbeck aye Mrs. Corum nay MOTION CARRIED 3-2. (Powell, Corum - nay) The City Attorney read back to the Council one of the items in the Charter amendments to do with filling vacancies, "In the event of a vacancy in the office of a Council Member, the City Council shall appoint a person having the qualifications of Council Member to occupy such office until the earlier of 1) the seating of a successor elected by the electorate of the City at the next general municipal election for the city where the qualifying period for the candidate has not expired, or 2) for the remainder of the unexpired term of the Council office in which the vacancy exists". City Council concurred. MOTION by Reid/Oberbeck I move that we extend the meeting for 15 minutes if we can put a muzzle on some of the people, because I think we need to get to item 18. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum nay Vote was discontinued. Mayor Powell adjourned the workshop at 10:35 p.m., since the vote to extend the meeting was not unanimous, and the following items were not addressed. ~ ~ ~ CO~_~ MATTERS ~I,TY A?TORNE¥ NATTERS 12 Special City Council Meeting/Workshop December 2, 1992 'Page Thirteen 92.318 A. 19. Canc~ Rec~ular Meetinq .Of December 9_~ .19.92 (City Manager Recommendation ~ .1.1~24/92) INTRODUCTION OF ~USINESS BY ~HE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Approved at the 1992 Council Meeting. Lonnie R. Powell, Mayor Kathryn M. O'Malloran, City Clerk 13 City of Sebastian POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, DECEMBER 16, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, BEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS EELOWMAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. pURPOSE= 1) Public Hearing on sebastian Municipal Airport commtt~ity compatibility Study, Draft Master Plan and Environmental Assessment 2) Hollday Builders - Remove Specimen Tree 3) Bid Award for Rotary Mower 4) American Cancer Society Request for Community Center 5) Treasure Coast Council of Local Governments - 1993 State Legislative Issues Mayor Powell called the Special Meeting to order at 7:00 p.m. and announced its purpose. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Deputy City Clerk, Sally Maio Secretary, Linda Lohsl Special City Council Meeting December 16, 1992 Page Two City Council, by unanimous consent, added a request from MGB Homes for specimen tree removal to the consent agenda. 4. .P. UBLIC INPUT ON AGENDA ITEMS Claudine Silvio signed to speak but declined. 5. CONSENT AGENDA 92.321 92.322 Holiday Builders, Inc. - Request to Remove Specimen Tree - One Double oak Tree - Lot 2, Block 289, SH, Unit 10 (Staff Recommendation dated 12/1/92, Application) Award Bid - Public Works Rotary Mower - Sunrise Ford Tractor - $11,788 (Staff Recommendation dated 12/3/92, City Engineer Memo dated 12/3/92, Bid Tabulation) 92.323 American Cancer Society - Request Waiver of Rental Fee and Use of A/B for Community Center - Chili Cook-Off Contest and Dance - 1/23/93 - 7 p.m. to 12 p.m. - Dot Judah Permittee - DOB 8/9/35 - Security Paid (Application, Judah Letter dated 12/3/92) 92.325 MGB Homes - Request to Remove Specimen Tree - Lot 7, Block 275, SH, Unit 10 The City Manager read the consent agenda in its entirety as amended. Mr. Oberbeck withdrew items A and D. MOTION by Holyk/Reid I would move that we accept items B and C in the consent agenda as written. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. Special City Council Meeting December 16, 1992 Page Three Mr. Oberbeck expressed concern for removal of a double oak and Mrs. Corum guestioned distance from the house, and although both urged that contractors and property owners attempt to preserve those types of trees, motion was made as follows. MOTION by Oberbeck/Corum I would move that we approve this item, item A. VOICE VOTE on the motion carried. Item MOTION by Oberbeck/Corum I would again move on item D which I withdrew for the same reason, I'd like to encourage to try to save these oaks especially. (After a brief explanation of the motion, Mr. Oberbeck said he would continue to go ahead with his motion to D~p_~_qy_~this item) VOICE VOTE on the motion carried 4-1 (Corum - nay) 6. PO~LZC~H~_~_!H~- se~stia~~i~AiZRP. A~ 89.003 Co~mu~it~ COmpa~,~bili~ $~ud¥. Dr~ft ~aster ~ an__d ~nvironme~tal ~ssessment The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation , Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the council. Mayor Powell opened the public hearing at 7:15 p.m. Jean Lindsay of Williams, Hatfield and Stoner gave a presentation of the overall proposed master plan. Special City Council Meeting December 16, 1992 Page Four TAPE I SIDE II The following people spoke on the issue. J.W. Thompson, 125 Main Street, Sebastian; George Metcalf, 425 Pine Street, Sebastian; Robert McCollum, 501 Durant Street; A1 Vilardi, 445 Georgia Boulevard, Sebastian (submitted document to Attorney and Clerk); Warren Dill, 11675 Roseland Road, Roseland; (Dr. Holyk excused from 7:53 - 7:54 p.m.) (Mr. Oberbeck excused 7:58 - 8:00 p.m.) Louise Cartwright, 785 Bayharbor Terrace, Sebastian; Bob Freeland, 733 Wentworth Street, Sebastian; Frank DeJoia, 11625 Roseland Road, Roseland; Bob Musanti, 7925 179th Street, Roseland; and Earl Masteller, 869 Robin Lane, Sebastian. Mayor Powell called recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m. All members of City Council were present. The City Manager gave a brief history of the study, initiated by the 'standstill agreement with FAA. Each City Council member gave his/her view on the issue and urged that the plan be submitted to the FAA for review. TAPE II SIDE I City Council input continued. The City Attorney responded to questions relative to violation of the City Charter if the master plan is implemented. He said although he questions the legality of certain of the Charter provisions, he encouraged City Council to place a referendum question on the ballot to amend the Charter. Jean Lindsay said the immediate implementation of the 1000 foot turn, as requested by Mr. Musanti, can be addressed by staff. John Van Antwerp said this can be addressed through amendment to the voluntary rules resolution or it can be made a hard and fast rule through FAA. Special City Council Meeting December 16, 1992 page Five 92.324 The city Manager said a resolution can be submitted to City Council at its first regular meeting in January and then City Council can proceed to make it final through the FAA. He said anyone who wishes to may still deliver written comments regarding the master plan to the City Clerk's office until December 23, 1992 for the official record. MOTION by Oberbeck/Reid I would move ~hat we submit to the FAA the Sebastian Municipal Airport Community Compatibility Study and Master Plan and Environmental Assessments for their review. Dr. Holyk requested that to make the motion complete, "the City of Sebastian endorses the study and with that endorsement sends it on to the FAA for final approval" be added. Mr. Oberbeck and Mr. Reid concurred to add the phrase to the motion. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 5-0. Mayor Powell thanked all those involved in the study. Treasure Coast ~ of Local Governments - 1993 Stat~ Legislative Issues (city Mana~er Recommendation dated 12/10/92, Ginn Letter dated 12 2~ Hende_rson Memo dated ~ Rivera Letter dated MOTION by Oberbeck/Reid I would move that we adopt the recommendation of the Treasure Coast Council of Local Governments and in doing so submit a letter to them showing our endorsement of the nine items that they support for legislature. VOICE VOTE on the motion carried 5-0. Mayor Powell adjourned the Special Meeting at 9:05 p.m. Special City Council Meeting December 16, 1992 Page Six Approved at the Kathryn M. O'Halloran, City Clerk 6 , 1993 Council Meeting. Lonnie R. Powell, Mayor City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 132978 TELEPHONE (407) 589,-5330 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEE~G/WO~HOP WEDNF.~DAY, JANUARY 6, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: Consideration of Emergency Ordinance No. O-93-05 1. Mayor Powell called the Special Meeting 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ~CALL to order at Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid City Manager, Robert McClary City Attorney, Richard Torpy Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Michael Hudkins (and Marilyn Swichkow) Chief of Police, Earle Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City Council Special Meeting/Workshop January 6, 1993 Page Two SPECiAL MEETINGITEM 93.001/ A. 92.181 Se e E~RGZ'~C¥ ~ No. o-93-os - AMSND EFFECTIVE DATE (0-93-05, 166.041 FS, Charter 2.13) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING ORDINANCE NO. O-92-14 TO EXTEND THE EFFECTIVE DATE OF SAID ORDINANCE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager gave a brief explanation for the need to extend the effective date for Ordinance No. O-92-14, to allow the Airport Manager to retain his position for an additional ninety days without conflict. The City Attorney read Emergency Ordinance No. 0-93-05 by title only. Each City Council member commented on the ordinance. MOTION by Oberbeck/Reid I would move that we approve Emergency Ordinance No. 0-93-05. Attorney Torpy noted a correction in the sixth whereas clause, should read "166.041(3)(b)" ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. Mayor Powell adjourned the Special Meeting at 7:09 p.m. Mayor Powell called the Workshop to order at 7:09 p.m. All members were present. i I' I I I I I I I I i I I I I i I i I City Council Special Meeting/Workshop January 6, 1993 Page Three AGEND_____AAM~DI, FIC~TIONS ~ ~_~ ~ The City Manager requested that Tom Collins, who arrived after sign-up sheets were collected, be allowed to speak under Public Input. MOTION by Oberbeck/Reid I would move that we allow Mr. Tom Collins to sign up and speak during our workshop meeting. ROLL CALL: Mrs. Corum nay Dr. Holyk aye Mr. Reid aye Mayor Powell nay Mr. Oberbeck aye MOTION CARRIED 3-2 (Corum, Powell - nay) 8 · ANNOUNCEMENTS 10. The City Manager introduced the new Finance Director, Marilyn Swichkow. Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. Sal Neglia, 461 Georgia Boulevard, Sebastian, spoke on the request from Martin Paving; and A1 Vilardi, 445 Georgia Boulevard, Sebastian, spoke on vegetation trash hauling, Riverfront action plan, Golf Course operation, Martin paving, and zoning technician job description. ¢oNszNT ~ Ail 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. City Council Special Meeting/Workshop January 6, 1993 Page Four 93. 002 A. 93.003 B. 93.004 C. 93.005 93.006 93.007_ 93.008 93.009 Approve Appointment of City Manager to Chamber of Commerce Board of Directors (City Manager Recommendation dated 12/15/92, City Manager Letter dated 12/15/92, Jones Letter dated 12/11/92) Bid Award - Fiber Optics - Materials and Installation - AT & T - $871.00 (Staff Recommendation dated 12/28/92 Bid Tabulation Form) ' Bid Award - Vegetation Trash Hauling and Disposal (Staff Recommendation dated 12/29/92, Bid Tabulation) D. Grant Waiver of Bidding Procedure - State Contract - Purchase '93 Ford Crew Cab Pickup - Public Works - Dural Ford - $13,824.00 - (City Engineer Recommendation dated 12/14/92, Dural Proposal dated 12/11/92) E. Grant Waiver of Bidding Procedure - Sole Source - Public Works - Die Cutters - Athletic Die Company - $3,675 (Staff Recommendation dated 12/21/92) F. Grant Waiver of Bidding Procedure - Sole Source - Computer Software Upgrade and File Transfer - Fascorp, Inc. - $8,450.00 (Staff Recommendation dated 12/28/92, Fascorp Proposal) G. Grant Waiver of Bidding Procedure - State Contract Price - Police Department - Five IBM 3151 Computer Terminals - $2,750.00 (Staff Recommendation dated 12/28/92) H. Sebastian Karate Club - Request Use of Community Center - Awards Banquet - 1/30/93 - 6 p.m. to 12 p.m. - A/B - Permittee Jim Repass DOB 6/16/53 - Security Paid (City Clerk Recommendation dated 12/22/92, Application) The City Manager read the consent agenda in its entirety and requested removal of item B to clarify the dollar amount. Mrs. corum removed items A and H. 4 city Council Special Meeting/Workshop January 6, 1993 Page Five MOTION by Oberbeck/Holyk I would move that we approve items C, D, E, F, and G of the consent agenda. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. corum aye MOTION CARRIED 5-0. Item A - ~itv ~ana~er Appointment to Chamber of Commerce Board of ~ Mrs. Corum recommended that the City Manager be appointed as an ex-officio member. The city Manager responded that his representation will be on behalf of the City of Sebastian. Following a brief discussion, motion was made. MOTION by Corum/Holyk I make a motion to have our City Manager be on the Chamber of Commerce as an ex-officio member. Peter Jones, 925 Indian River Drive, President of Chamber of Commerce, urged approval of the appointment as a voting member. ROLL CALL: Mr. Reid nay Mayor Powell nay Mr. Oberbeck nay Mrs. Corum aye Dr. Holyk nay MOTION FAILED 1-4. (Reid, Powell, Oberbeck, Holyk - nay) MOTION by Holyk/Oberbeck I'd like to make a motion that we approve the appointment of the City Manager to the Chamber of Commerce Board of Directors as an officio member. 5 City Council Special Meeting/Workshop January 6, 1993 Page Two ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Cor~Lm nay Dr. Molyk aye Mr. Reid aye MOTION CARRIED 4-1. (Corum - nay) The City Manager noted that the requested dollar figure for the low bid for fiber optics is $12,921.00 for AT & T, and that the agenda reflects the over budget amount of $871. MOTION by Oberbeck/Holyk I would move we approve item B of the consent agenda adding $871 to the budgeted amount. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. Mrs. Corum inquired whether children may be on the premises with alcoholic beverages being served. Chief Petty responded that children can be in attendance so long as they are not served. TAPE I - SIDE II MOTION by Corum/Holyk I make a motion that Council approves item H on the consent agenda. VOICE VOTE on the motion carried 5-0. I I I I I I i I I I i I I i city Council Special Meeting/Workshop January 6, 1993 ~age Seven 11. 93.010/ 92.180 woRKsao~ ~TE~S Riverfront ~ Plan J_~ Manaqer ~e~ommeRdatioD dated 2~~ C~t¥ ~ana~er Report ~ated 12/18/92. cit~ Manager Letter da~ed 14~C__~~L~_~Memo d~%ed 1~ ~ity ~ Letter date~ 3~;8/92. 'r~ of ~DeveloDment~_9~da~dd~~-~ Bob Lloyd, Treasure Coast Manager for External Affairs, Florida Power & Light, discussed the concept of undergrounding electric utilities and decorative lighting. Regine Scherer, 558 Futch Way, Sebastian; Ruth Sullivan, 1215 Indian River Drive, Sebastian; Virginia King, 375 Manley Avenue, Sebastian; Donna Keyes, 343 Toledo Street, Sebastian; Thomas Collins; and Peter Jones, 925 Indian River Drive, Sebastian addressed City Council on the Riverfront Action Plan. The city Manager responded to concerns expressed, and stated the landscape architect proposal would be in within one week. Mayor Powell called recess at 8:32 p.m. and reconvened the meeting at 8:50 p.m. Ail members were present. TAPE II - SIDE I Each city Councilmember expressed his/her views on each aspect of the plan. The Director of Community Development addressed concerns relative to proposed zoning amendments. The City Manager stated he was asking for direction to proceed as outlined (see attached) and then come back to city Council with bidding items as they are scheduled and for Council to refine the plan as presented. He said he would return to city Council with further information on costs for underground utilities and street lighting, proposal for the Chamber of Commerce to take over the old library building, razing of the old building, and concept for Fellsmere Road and Riverview Park north. City Council Special Meeting/Workshop January 6, 1993 Page Eight MOTION by Oberbeck/Corum I would move then to approve the 1993 plan of action for the Riverfront project and authorize staff to secure the necessary information for Council. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 5-0. 93.011 Recommendation dated ~ ~ ~ e~ dated 2~ ~ 're~ Memos dated 4/~ and ~ ~ Course M_M_M_~ ~em~ Robert Faust, 329 Main Street, Sebastian, handed out backup and read from it (see attached); and Keith Miller, 9621 Riviera Avenue, Sebastian addressed City Council. The City Manager requested direction on how to best fill the position at the Golf Course. City Council members offered suggestions on how to fill the position. TAPE ii - SIDE II It was the consensus of City Council that a strong Manager/Pro was needed and an increase in salary might be the key to attracting better candidates. MOTION by Oberbeck/Corum I would move that we approve the salary range for the Management/Pro at the Golf Course for the City Manager to negotiate in the area of $36,000 to $42,000 as requested. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. 8 I '1 I I I I i I I I I I I i I I I I I I i' I I I I I I i I I I I i i I i I I city Council Special Meeting/Workshop ~anuary 6, 1993 Page Nine Mr. Reid said City Council should further discuss Mr. Faust's recommendations regarding rates at the next meeting if possible. 93.012 Review Request from Martin paving - Use of CAVCorp Proper~y for StoraGe and Staging Area u.s. ~ Median Strip Improvements (Staff R~Gommendat~oD dated ~ Letter from Mart~n ~ ~ Engineer ~ dated ~2/23/9~) Mr. Oberbeck excused 9:55 p.m. to 9:57 p.m. J.W. Thompson, 125 Main Street, Sebastian objected to the request, and noted the property is already in use by Martin Paving. The city Engineer gave a brief explanation of the request. The City Manager noted that Martin Paving had not been given approval to proceed by staff, however, recommended approval stating that the installation of conduit in the median strips by the contractor is a direct benefit to the city. Further City Council discussion took place. TAPE III - SIDE I MOTION by Oberbeck/Powell I will move that we approve the use but I will also insist, that in approving the use, they screen that equipment and eliminate their people from sunbathing at lunchtime. Dr. Holyk inquired whether the city is guaranteed that the contractor will vacate the premises within 24 hours if directed to do so. It was agreed that this was part of the agreement. ROLL CALL: Mr. Reid nay Mayor Powell aye Mr. Oberbeck aye Mrs. Corum nay Dr. Holyk aye MOTION CARRIED 3-2 (Reid, Corum - nay) Mayor Powell, at 10:30 p.m., requested that the meeting be extended until 11:00 p.m. 9 city Council Special Meeting/Workshop January 6, 1993 Page Ten The City Manager asked that those items, for which the public was in attendance, be addressed first. 93.013 93.014/ 92.273 MOTION by Holyk/Reid I move we extend the meeting 20 minutes. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. Basketball-Recreation Areas ¢cit¥ Manaqer Recommendation dated 12122/92. Cost Estimate dated~ C~Dceptua~ Drawina. Hiahlands ~~ Cover) This item was deferred to the next meeting. Wave Street ReDort~Enaineer ~ego~mmgDda~ign ~ 12~22/92. cSty Engineer Memo Oat~d Fritz steiler, 1033 George Street, Sebastian, said for the record that he opposes the direction taken thus far by City Council in approving opening Wave Street as a thoroughfare onto a secondary road. I I I I I i I I 93.015 Mayor Powell was excused from 10:30 p.m. to 10:31 p.m. Charles Silva, Tulip Street, Sebastian, urged City Council to reconsider conducting a traffic study. Mr. Oberbeck was excused from 10:35 p.m. to 10:36 p.m. It was the consensus of City Council to remain with its previous action on Wave Street. Fourth Of July Committee - Request fQr Two-DaY Event m Raise City Contribution to $8,000.00 (Staff Reco~mendation dated3~ Letter dated ll~_~ Kinchen Letter dated 12/28/92, Petty ~ dated 12/21/92, Hudkins Memo dated 12/28/92J John Malek, Fourth of July Chairman said he will wait until the next meeting for his request. 10 I I I I I I I I I I' I I I i i I I I I I i i I I I I I City Council Special Meeting/Workshop 'January 6, 1993 Page Eleven 93.016/ 92.286 u.s. ~and~=~ ~slaDd ~ ~ Rec~m~eDdati~D dated 12/302.92, petty ~emo datgd 12 2--~ Kinchen Memo dated ~ Whit~ore et~ ~ated 14~ Dorn Whitmore, Project Director for Pelican Island Wildlife Refuge, addressed city Council on the additional requests. Mayor Powell asked if it was Mr. Dorn's intention to ask for more money. Mr. Whitmore said he was asking for additional support from '~he city for the celebration. Brad Pierce, 1491 Thornhill Lane, Sebastian; Virginia King, 375 Manley Avenue, Sebastian; and Wally Kramer, Micco, addressed City Council on the matter. MOTION by Oberbeck/Corum I would move to deny the funding and if the city forces are to be used we should be reimbursed for any costs incurred to the city taxpayers. TAPE III - SIDE II ROLL CALL: Mr. Oberbeck Mrs. Corum Dr. Holyk Mr. Reid Mayor Powell aye nay aye nay aye MOTION CARRIED 3-2 (Corum, Reid - nay) Mayor Powell adjourned the workshop meeting at 10:55 p.m., and those items not addressed were carried to the January 6, 1993 meeting. Approved at the , , 1993 Council Meeting. Lonnie R. Powell, Mayor Kathryn M. O'Halloran, City Clerk 11 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5830 ) Agenda No. Ordinance Nos. 0-93-02, 0-93-03, and 0-93-04 Charter Revisions APPROVED FOR SUBMITTAL BY: City Manager: ' ) ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: Ordinance Nos. 0-93-02, 0-93-03 0-93-04 ./ ci: 1/13/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: STATEMENT On May 6, 1992 City Council directed the City Attorney to prepare the necessary ordinances to initiate Charter amendments relative to municipal elections and to "clean up" other provisions. At the December 2, 1992, Workshop, the City Council reviewed all charter revision ordinances (O-92-19, 0-92-20 and 0-92-20) and directed the City Attorney to amend them in accordance with that review. At the request of the City Attorney, we have renumbered the ordinances to Ordinance Nos. 0-93-02 (0-92-19), 0-93-03 (0-92-20), and 0-93-04 (0-92-21) and are presenting them to you for first reading and scheduling of the public hearing on January 27, 1993, for placement on the March 9, 1993 general election ballot. RECOMME,NDED ACTION 1) Move to approve Ordinance No. 0-93-02 on first reading and set the public hearing for January 27, 1993. 2) Move to approve Ordinance No. 0-93-03 on first reading and set the public hearing for January 27, 1993. 3) Move to approve Ordinance No. 0-93-04 on first reading and set the public hearing for January 27, 1993. I I' I I I I I I I I I I I I i I I i I ORDINANCE NO. 0-93-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND PORTIONS OF THE CITY CI~tRTER; PROVIDING FOR REVISIONS TO SECTIONS 2.05, 2.08, 2.12, 3.01, 3.03, 3.08 A/q'D 5.01 OF THE CITY CHARTER ?0 PROVIDE FOR THE CORRECTION AND/OR CLARIFICATION OF EXISTING PROVISIONS; AMENDING SECTION 2.05 OF THE CITY CHARTER PERTAINING TO COMPENSATION AND EXPENSES OF THE MAYOR, FiCE-NA¥ORANDOTHER CITY COUNCIL MEMBERS; AMENDING SECTION 2.08 OF THE CITY CHARTER PERTAINING TO THE FILLING OF VACANCIES OF THE OFFICE OF COUNCIL MEMBERS~ AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING TO THE PROCEDURE FOR VOTING BY THE CITY COUNCIL~ AMENDING SECTION 3.01 OF THE CITY CHARTER PERTAINING TO THE CREATION OF CITY DEPARTMENTS, OFFICES AND AGENCIES~ AMENDING SECTION 3.03 OF THE CITY CHARTER PERTAINING TO THE REMOVAL OF CHARTER OFFICERS~ AMENDING SECTION 3.08 OF THE CITY CHARTER PERTAINING TO THE POWER OF POLICE OFFICERS TO BEAR ARMS AND MAKE ARRESTS; AMENDING SECTION 5.01 OF THE CITY CHARTER PERTAINING TO THE SEVERABiLITY OF PROVISIONS OF THE CITY CHARTER, PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED~ PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION~ ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELBCTION~ DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS NITH A COPY OF THE ORDINANCE~ PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the City Council of the City of Sebastian, indian River County, has determined that certain revisions should be made to the city Charter in order to correct mistakes in certain existing provisions and to provide clarity with respect to other provisions of the current City Charter; and · I WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY '1 I I OF SEBASTIAN, INDIAN RIFF~R COUNTY, FLORIDA, as follows: ~9~J~ig=D_~. That the existing Section 2.05 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 2.05. Compensation. The salary of the mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: (a) Mayor: Four Hundred Dollars ($400.00); (b) Vice-mayor: Two Hundred Fifty Dollars ($250.00); and (c) Council members: One Hundred Fifty Dollars ($150.00)." ~ection._2. That the existing Section 2.05 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting existing Subsection (c) of said Section in its entirety and adding the following provision in lieu thereof: "(c) Filling va~ancles. In the event of a vacancy in the office of a council member, the City Council shall appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the - 2 - City at the next general municipal election for the City where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists." Section 3. That %he existing Section 2.12 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting existing Subsection (c) of said Section in its entirety and adding %he following provision in lieu thereof: "(c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of .an ordinance or upon any motion upon%he call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the City Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the City Council then in force. No action of the City Council, except as otherwise provided in this charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members." - 3 - ~. That the existing Section 3.01 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting existing Subsection (a) of said Section in its entirety and adding the following provision in lieu thereof: "(a) The City Council may establish City departments, offices or agencies in addition to those expressly created in the City Charter and may prescribe the functions of all departments, offices and agencies. Notwithstanding the foregoing sentence, no function specifically assigned in the City Charter to a particular department, office or agency may be discontinued or reassigned to a different department, office or agency by the City Council, except to the extent allowable under the provisions of the City Charter." SeG%i~n~5. That the existing Section 3.03 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 3.03. Removal of Charter officers. (a) Any Charter officer may be removed from office for cause by a majority vote of the entire City Council. (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire City Council at a regularly scheduled meeting -- 4 -- I '1 i I I I I I I I i I I I I I I I I for discussion. The city Council may, by a vote of at least three (3) council members, charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person orby certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed from office if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office." Section 6. That the existing Section 3.08 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 3.08. Same - Officers. The chief of police and all sworn police officers shall have the power to bear arms and make arrests as provided by -- 5 Florida law and/or as may be provided by Ordinance adopted by, the City Council." Section !. That the existing Section 5.01 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the-following provision in lieu thereof: "Sec. 5.01. Severabilit~ of provisions. If for any reason any section, paragraph or part of this Charter shall be held invalid or unconstitutional, that fact shall not affect, invalidate or destroy any other section, paragraph or part of ~his Charter, and the remaining portions thereof shall remain in full force and effect without regard to the section, paragraph or portion invalidated." Section....8. An election is hereby called and scheduled to be held on March 9, 1993, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. SectioD ~. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of - 6 - i '1 I I I I I I I I I I I I I I I I I Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12 ....................... The Sebastian Community Center 1805 North Central Avenue Precinct 14 ....................... First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ....................... The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ....................... Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 9, 1993, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. ~. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum No. ~: Amending City Charter to make corrections and clarify existing provisions. - 7 - Shall the City of Sebastian amend Sections 2.05, 2.08, 2.12, 3.01, 3.03, 3.08 and 5.01 of the City Charter to make corrections in and to provide clarification of, existing provisions regarding council salaries, filling council vacancies, manner of voting, establishing departments, removal of charter officers, police officers right to bear arms and severability? Yes for Approval No for Rejection Section 11. Effeative Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance 'was moved for adoption by Council member Council member vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank 0berbeck Council member Carolyn Corum Council member Peter R. Molyk Council member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of ...... , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk - 8 - I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this ordinanoe at 7:00 p.m. on the day of , 1993, and that following said public-~ring this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE city Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 9 - ORDINANCE NO. 0-93-03 AN ORDINANCE OF TEE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM iSSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE Ii OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF MAYOR BY THE CITY COUNCIL FROM AMONG ITS MEMBERS; AMENDING SECTION 2.01 OF THE CITY CHARTER TO PRUVIDE FOR A CITY COUNCIL CONSISTING OF FIV~ COUNCIL MEMBERS; AMENDING SECTION 2.02 OF THE CITY CHARTER TO PROVIDE FOR THE CRITERIA OF ELIGIBILITY OF CITY COUNCIL MEMBERS; AMENDING SECTION 2.03 PERTAINING TO THE PROCEDURE FOR ELECTING CITY COUNCIL MEMBERS; AMENDING SECTION 2.04 TO PROVIDE FOR THE TERM OF THE MAYOR; AMENDING SECTION 2.06 OF THE CITY CHARTER PROVIDING FOR THE PROCEDURE FOR ELECTING THE MAYOR AND VICE-MAYOR; PROVIDING FOR THE MANNERINNHICHSUCHELECTiON SHALL BE CONDUCTED; PROVIDING THE TIME ANDPLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florlda Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the City Council of the City of Sebastian, Indian River County, has determined that certain revisions should be made to the City Charter in order to provide for the Mayor to be elected by the City Council from among its members; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~. That the existing Section 2.01 of the City . Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 2.01. composition. There shall be a City Council consisting of five (5) council members elected by the qualified voters of the City at large." Section ~. That the existing Section 2.02 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 2.02. Ellgibilit~. No person shall be eligible to hold the office of council member unless he or she is a qualified elector in the City and actually continually resided in the City for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office." Section 3. That the existing Section 2.03 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 2.03. Election. - 2 - (a) The office of Mayor, whose term expires in March, 1994; shall be filled upon such expiration as provided in Section 2.06 of this Charter. Thereafter, there shall be held a general election of two (2) council members on the second Tuesday in March of each even- numbered year and of three (3) council members in each odd-numbered year. (b) The City elections shall have at large voting; provided that the City Council shall have the authority to submit by ordinance to the voters a referendum for the election of city Council by districts to be designated by the City Council." ct~_9~]~_~. That the existing Section 2.04 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 2.04. ?e~*ms. (a) The terms of the council members shall be for two (2) years, or until a successor has been duly elected or appointed and sworn. (b) The term of each newly elected council member shall begin on the Monday following the election, at a special meeting of the City Council to be held for the purpose of swearing in such newly elected officials, if a regular City Council meeting is to be held the Monday -- 3 following the election, the newly elected officials shall be sworn in at the conclusion of such regular meeting.,' '1 I Sec~. That the existing Section 2.06 of the City I Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the'following I provision in lieu thereof: I "Bec. 2.06. ~(a~or; Vlce-ma~or. (a) Na~ox - Sel~ctlom a.4 ~erm. Commencing March I 1994, after the seating of any ne~ly elected council I members, at the first scheduled City Council meeting subsequent to the second Tuesday in March, the new City i Council shall, as the first order of business, elect a Mayor from among its members. The incumbent Mayor or in I his or her absence, the vice-mayor or in his or her absence, the senior member of City Council, shall ask for I nominations for Mayor. After all nominations have been I made, the nominations shall be closed. The City Clerk shall then call the roll of the council members and each I council member shall cast an affirmative vote for the council member of their choice. The council member that I receives a majority vote shall be elected Mayor. In the I event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll I calls shall continue until a council member receives a majority vote. Council members shall not nominate I - 4 - themselves. Only elected council members shall eligible for the office of Mayor. (1) If there is no Mayor seated on the new or existing City Council, a temporary City Council chairperson may be elected from the incumbent members of the City Council for the purpose of electing a Mayor as set forth above. (2) In the event there is only one nomination and second for Mayor, the nominee shall be seated as Mayor. be (b) Mayor - Duties, General. The Mayor shall preside at each meeting of the City Council, shall have a vote upon matters before the City Council, but shall not possess a veto power. The Mayor shall have the power to preserve peace and order, be recognized as the head of the City government for all ceremonial purposes, and shall be recognized by the Governor as the head of the City government for purposes of military law. The Mayor shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the City as directed and authorized by the City Council, which shall also be attested by the City Clerk. (c) Vice-mayor - Selection and term. At the first regularly scheduled City Council meeting subsequent to -- 5 · I the second Tuesday in March, the City Council shall elect ' '1-- a vice-mayor from among its members. The term of the I _ vice-mayor shall be for one year or until his or her successor is elected. The vice-mayor shall be elected I using the slme procedure as for the election of Mayor. I .{d) Vxoe-ma~or - Duties, General. In the absence or disability, of the Mayor, the vice-ma~or shall serve · I as Mayor during such absence or disability. In the I _ absence or disability of both the Mayor and vice-mayor, .the senior member of City Council shall serve as Mayor · during such absence or disalility.,, '1 ect~~_~. An election is hereby called and.scheduled to -- I be held on March 9, 1993, to determine whether the revisions to the _ City Charter of the City of Sebastian, Florida shall be approved I by a. majority of the votes cast- in such election, in which the · ~ qualified electors residing in the City of Sebastian shall participate. $.ect~on 7. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of - 6 - i I I i I i I i i' I I I I i I I I I I I I I I I i I Florida law, which are currently as follows: PRECINCT POLLiNG. PLACZ Precinct 12 ....................... The Sebastian Community Center 1805 North Central Avenue Precinct 14 ....................... First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ....................... The North Indian River County Library 1001 Fellsmere Road (CR 512) Precinct 16 ....................... Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 9, 1993, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. Section 8. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum ~eferendum No. 2: Amending the City Charter regarding terms and the election of Mayor and vice-mayor. Shall the city of Sebastian amend the City Charter to eliminate separate elections for Mayor and provide for the election - 7 - of Mayor from among the City Council members commencing in March, 1994, to provide for annual terms for the Mayor and vice-mayor, and to conform remaining provisions with these amendments? '1 I I effective Yes for Approval No for Rejection Effective Date. This Ordinance shall become immediately upon its adoption. I The foregoing Ordinance was moved for adoption by Council member Council member vote, the vote was as follows: The motion was seconded by and, upon being put to a i i i M~yor Lonnie R. Powell I Vice-Mayor Frank Oberbeck Council member Carolyn Corum Council member Peter R. Holyk I Council member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of .. , 1993. CITY OF SEBASTIAN, FLORIDA i I ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk i I - 8 - I I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1993, and that following said public-~-~ring this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 9 - ORDINANCE NO. 0-93-04 ~ ORDZ~CE OF THE CITY OF SEBASTIAN, INDI~I RIVF~ COUNTY ~ F~ORZD~, BCHED~[NG ~F~~ ISSUE TO ~TZC~E ~ OF ~E CITY C~T~ ~ZNG BE~ZON 4.02 OF ~ CITY ~T~ P~T~[NZNG TO FZ~[~G OF ~ZD~TE ~ ~ O~ ~ LOY~TY OA~ PR~IDING FOR ~ ~P~ OF ~ECTION 4.0~ OF ~ CITY ~T~ P~T~N~ TO SPECI~ ~ICIP~ ~ECTIONS TO ELE~ ELECT~ OFFIC~S~ PROVIDIN~ FOR ~P~ OF SE~ION 4.06 OF ~ CITY ~T~ P~TAININ~ TO ELB~ZON P~C~B ~ PO~ZNG P~CEB; ~ING BE~ZON 4.07 OF ~ CI~ ~T~ P~T~NING T0 ~ ~0PTION OF PRiDiNG ~T ~ ~G~8 FOR CITY ELE~ION8 IN CON~ION CITY CL~ T~ODGH ~8OL~IONS~ ~ING BE~ZON 4.08 OF ~E CITY ~T~ P~TAINING T0 ~ ~SING 0F ELECTION RETIE; A~HORI~ING ~ CITY CL~ TO ~POI~ A CITY ELE~ION ~EING BO~ ~ PR~IDING PROCED~EB FOR CO~ING ~E CITY C~6ING OF ~E BO~ PROVIDING FOR A SPECI~ ~ETING OF ~E CITY CO~CIL FOR P~P0SES 0F RECEDING RESULTS OF ~E CITY ~6ING BO~, DECKING ELECTI ON REB~TB ~NIST~ING OATHS OF OFFICE T0 N~Y ELECTED CITY OFFICIOS; ~ING BE~ION 4.09 OF ~E CITY ~T~ P~TAINING T0 ~L~S; ~ING BECTION 4.12 OF ~E CITY ~T~ P~T~NING T0 ELE~ION PROCED~EB OF A TIE V~E; PROVIDING ~T B~LOTB S~ CO~O~ T0 ~ F0~ OF B~L~S PRES~IBED BY ~E G~ ELECTION ~W OF THE STATE OF FLORID~ PR~IDZNG FOR T~ ~R IN ~I~ 6U~ ELE~ION TI~ ~ P~CE6 FOR HOLDING BD~ ELECTION; EBT~LiSHING ~E F0~ OF ~ B~LOT FOR SUCH ELECTION; DIRECTING THE CITY CL~ T0 PROVIDE THE $~VISOR 0F ELECTIONS WITH A COPY OF THE O~IN~CE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION~ ~ PROVIDING FOR ~ EFFECTI~ DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the City Council of the City of Sebastian, Indian River County, has determined that certain revisions should be made to the City Charter in order to provide more efficient and .! comprehensive procedures wi~h respect to municipal elections; and ' NH~REAS, the City council desires to submit the amendments to I the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. I NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIECITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, as follows:, i t~9~_~. That the existing Section 4.02 of the City I Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following I provision in lieu thereof: "(a) Each candidate, in order to qualify for 1 election to the office of council member, shall take and i subscribe to an oath or affirmation in writing. A printed copy of the oath or affirmation shall be 1 furnished to the candidate by the City Clerk and shall comply withthe provisions of Florida law. I (b) The oath set forth in subsection (a) shall be filed with the City Clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a non-refundable filing fee as set by the resolution of City Council, from time to time." i I I I ~. That the existing Section 4.03 of the City I Charter of the City of Sebastian, Florida, is hereby repealed. - 2 - ~. That the existing Section 4.06 of the city Charter of the city of Sebastian, Florida, is hereby repealed. Se___C~. That the existing Section 4.07 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the.following provision in lieu thereof: "Boo. 4.07. Elections - Howaxranged; i~spectors and clerks. The Council, in conjunction City with the City Clerk, shall make all necessary arrangements for holding all city elections and shall declarethe results thereof. The City Council shall adopt a resolution, upon the calling of an election, stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law." ~. That the existing Section 4.08 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 4.08. Sa~e - City Canvassing Board; canvass of election returns. - 3 - (a) If the City is not holding its election as a part of the election for indian River County, Florida, the City Clerk shall appoint a City Canvassing Board to be (3) individuals; one (1) member composed of three shall be the City Clerk and the remaining two (2) members shall be appointed by the City Clerk. The City Clerk shall act as chairperson of the City canvassing Board. _ (b) When a City Canvassing Board has been constituted, the City Canvassing Board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the City, at which time, the City Canvassing Board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the Supervisor of Elections for Indian River County, Florida. The City Canvassing Board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the City Clerk. (c) on the purpose Canvassing Board of the returns for Indian River County, Florida, or the City Canvassing Board, as the case may be. The City Council shall then declare the results of I I i I I I I The City Council shall hold a special meeting I first Monday__ following, the election for the of receiving the certlfiCate of the County I I - 4 - i the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly elected council members shall be administered at such special city Council meeting or at the next City Council meeting where the newly elected council members are in attendance." ~ection 6. That the existing Section 4.09 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Sec. 4.09. Same - Ballots. The ballots shall conform to the form of ballots i prescribed by Florida." the general election laws of the State of Sect~. That the existing Section 4.12 of the City Charter of the City of Sebastian, Florida, is hereby amended by deleting said Section in its entirety and adding the following provision in lieu thereof: "Bec. 4.12. Election procedures; tie vote. (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected for two-year terms, or the balance of the term. - 5 - (b) In ~he event that at any election there are only two (2) candidates for the same office and they should receive the same number of votes, the question shall be decided by lot, conducted by the City Council at the meeting of the City held for the purpose of canvassing the returns of the election, and the results thereof shall be certified in the minutes of such meeting by the City Clerk." ~. An election is hereby called and scheduled to be held on March 9, 1993, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. ~. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the reqular election as determined under the applicable provisions of Florida law, which are currently as follows: POLLING, PLA~ Precinct 12 ....................... The Sebastian Community Center 1805 North Central Avenue Precinct 14 ....................... First Church of the Nazarene 50 South Wimbrow Drive Precinct 15 ....................... The North Indian River County Library 1001 Fellsmere Road (CR 512) ~ 6 - Precinct 16 ....................... Calvary Baptist Church 123 Thunderbird Drive The polls shall open at such voting places on March 9, 1993, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. .Section 10. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: CITY OF SEBASTIAN, FLORIDA Referendum Referendum No.. 3: Amending Article IV of the City Charter regarding municipal elections, ballots and canvassing board. Shall the City of Sebastian amend the City Charter to update the City Charter to remove current provisions that are governed by the laws of the State of Florida or are inconsistent with other provisions contained in the City Charter, and to establish procedures for convening a City Canvassing Board and recording the results of the Board? Yes for Approval No for Rejection - 7 - , ! Effective Date. This Ordinance shall become, effective immediately upon its adoption. '1 I The foregoing Ordinance was moved for adoption by Council member Council member vote, the vote was as follows: The motion was seconded by and, upon being put to a I I I Mayor Lonnie R. Powe11 ~ Vice-Mayor Frank Oberbeck Council member Carolyn Corum Council member Peter R. Holyk Council member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this .... day of , 1993. I I CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor ! I Kathryn M. O'Halloran, CMC/AAE City Clerk ! i - 8 - HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1993, and that following said public hearing thi~ Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney - 9 - City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Bid Award for Cabinet Work in City Managers Area Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of Financ~ (LWN) 01~q7-93 Exhibits: Bid Tabulation Memo from DCD dated 01-06-93 EXPENDITURE AMOUNT REQUIRED: $1,957.70 BUDGETED: $100,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Two bids were received for cabinet work in the city managers area. A bid clarification conference was held and both bids were found to be responsive and reasonable. Adequate funds are budgeted in the Capital Projects Fund for city hall improvements. RECOMMENDED ACTION Move to award the bid for cabinet work in the city managers area to Richards Carpentry, the lowest and best bidder, in the amount of $1,957.70. I I I I DATE: TO: FROM: REFERENCE: (City Manager's lice) On January 4, 1993 at 2:30 P.M., the City Clerk's office read aloud all sealed bids regarding the City Manager's area cabinet work. The following companies and quotes were received: Treasure Coast Cabinets of Vero Beach, inc. - $2,~32.00 Richards H. Brown/dba Richard's Carpentry - $1,957.70 After reviewing both bids, it would be my recommendation to award the bid to Richard H. Brown in the amount of $1,957.70. Mr. Brown's bid has no clarifications or alternates except that his total bid price includes the removing of the existing door and the frame-in as per the print. BC/gk brown.wp City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589.-5~30 SUBJECT: Hulce Wedding Reception ) Approved For ~ BY: City Manager Dept. Origin City Clerk ~ Submitted ~ For of Exhibits: ~ulce Wed~inq ADDlication Dated .1~/15/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Susan Hulce for use of the Community Center for a Wedding Reception on February 6, 1993 from the hours of 3:30 to 8:30 P.M. They are requesting the approval of alcohol use at this event. RECOMMENDED ~ Move to approve the request for the use of alcohol for requested date with standard conditions. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Nae of Renter / Organization '~ ~'~ ~""J" ~ ~1 ,i~/(~ ~ C ,~- N~ber of Pe~ons constituting ~o~p or organization: ~ Reason for Rental ~e ~ ~k ~ a ~ e~~ 0.~ Time of Day: F~ ~' ~ To ~:~0 ~l~e ~ 1) ~e k~tcbe~ ~mc~Mt~ ~e )o~ m re~e~t ~ ~ebm~t~! 3) Will d~rmtions 4) Will there ~ mn a~ssion or ~r ~arge? 5) Will al~holic ~e~ ~ se~edl (mY If answer to t5 is .yes- ~'-~"-J'"~' ' permittee's proof of age (bY. If alcohol is to be served, permission is .req~.ired..by the City Council. Your request will be presented to ~ouncu on .~, -,~ ~ · A~unt of Rental .. · //,~."z,~ 7~ Tax: ~.~..~' Security ~sit: $ ~j-~. ~ Total N~e of Pe~ttee: ~~~ .,~~C~ Address of Pemittee: ~.~. ~ Telephone ~o.: ~a9 3~qq Date of ~licmtion N~e checks payable to: CI~ OF APPROVED / DISAPPROVED m Security Deposit paid on /.~-/~s~- ~'~ (date) in, ti~unt of ~. ~ .... ~ Check * initial Rental Fee paid on (date) in the amount of b, Check ~ or Cash initial Alcoholic Beverage Request heard at the Council Meetin~ on (date). Request APPROVED / DENIED. Fee Waiver Request heard at the Council Meetinn on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on ~flt k~t for damn~n (if mpplicable). in the '(date) m m m m m m City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Di $omma Wedding Reception) Alcohol Approval - Community Center) ) ) APproved For .Submittal City Manager EXPENDITURE AMOUNT Agenda No. ~J~ OZ6 ' Dept. Origin City Clerk Date Submitted 12/4/92 For ~qenda of 1/13/93 Exhibits: ~ Application ~ated 11/30/92 APPROPRIATION REQUIRED: BUDGETED: REQUIRED: ~S~UMMARY STATEMENT The City of Sebastian has received a request from Linda Bransky for use of the Community Center for a Wedding Reception on March 13, 1993 between the hours of 3:30 P.M. and 9:30 P.M. They are requesting the use of alcohol at the event. RECOMMENDED ACTION Move to approve the request for the use of alcohol for requested date with standard conditions. /K CITY OF SEBASTIAN TAL PERMIT APPLICATION C0~RA]ITY CENTER YACRT CLUB Number of Persons con~tRufing oroup or oroanization: Requested Date JG.L mq~lC'~tX~ MU{ Z,j{].t~l~ TO &iKxJRS) 1) Are kitcbon faeiliti, reqoired? 2) Are yon a resideDt of Seba~tin? 3) Will 4) Will ~ere be ,. a~.im or 4oor chloe? ~ m 5) will ~coimUc be~ra~ be ar,mi? , )/¢ ~,. ,, APPROV~ / DISAPPROV~ sec~-~ty Deposit iniU~l Rental Fee paid on Alcoholic Beverage Request heard at (date). Fee Waiver Request heard at the COucil Meetin~ on · (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security .Dewsit returned by City Che:k } amount of on ~/: kept: fo~" dm, Mm~ (1£ Ippltcibie). (date) in the amount of or Cash (date) in the mout of or Cash the Council Meetinqon Request APPROVED / DENIED. in the (date) I I I I I I I City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 SUBJECT: Fraternal Order of Police Policeman's Ball Approved For Submittal B_.Yi city Manager ~ 2 ) Agenda 3.027' Dept. origin city ~ For AGenda of ~ ~xhibits: Fraternal Orde~ O~ poliGe ApDlicatiQn Dated 1/6/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: The City of Sebastian has received a request from Fraternal Order of Police Lodge #139 for use of the community Center for a Policeman's Ball to be held on February 27, 1993 from the hours of 8:00 P.M. to 12:00 A.M. They are requesting the approval of alcohol use at this event. R~COMMENDED ACTION Move to approve the request for use of alcohol for requested date with standard conditions. 7 CITY OF SEBASTTAN RENTAL PERMIT APPLICATION aI~ilEW ~rl1~ ~" llll'I gl~ ~nber of rersous ~urLit~tin~ ~up or or~anmtio~: , ~ ' ! Seeari~ Deposit paid o~ /-~, .-.f.~ (date) in the ~,-'~.,-0 ,, ', ,~,~ , , U=holic ~ge R~t bea~ at the ~ncil ~ on / ~ ~ - ~ (date). Fee Uaiver Re~t heard at the ~ci! ~eetino (date). Re, est ~PR~ / D~. ~eF ~i~p Date ~eF ~etu~ Date Se~rity _De,sit returned ~ City 5e:k , in the a~nt of. off " '(date) I I I I I i i I City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 SUBJECT: Knights of Columbus St. Patrick's Day Dinner & Dance ADDrovedFor ,Submitta,~ BY: City Manager _ Dept. Origin ~itvclerk~' Da%~ ~ 1/7/93 For ~ Of 1/13/92 ~ Knights of ~olumbus Application Dated ~/7/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The city of Sebastian has received a request from the Knights of Columbus for use of the Community Center for a St Patrick's Party to be held on March 20th 1993 between the hours of 7:00 P.M. and 11:00 P.M. They are requesting the approval of alcohol use at this event. RECOMMENDED ACTION Move to approve the request for use of alcohol for requested date with standard conditions. J CIT~ OF SEBASTIAN R~AL PERMIT APPLICATION .! NaBe ~f .R~r / ~~ ~NISMTS 0~ COYUMBUS-SEBASIIAN C0UNCIk ~/8009 ~r of P~ ~t~ ~p or o~ti~: _. 123 Re~ for R~.. ST. PA~.~CK'S DAY DINNER AND DANCE ~[e~ ~te MARCH 20th,199~. .. ~ of ~: ~ 7:00 PM ~ 11:00 PM Pl~ ~ ~ ~r ~: m 1) m ~t~ fa~ti~ ~M? YES 21 ~e ~ a ~t of ~Hn~ YES 3) ~ ~~ ~ ~ ~? YES 4) ~~ b ~ ~ ~ ~r ~? YES S) ~ ~c ~ ~ ~2 YES ~~. Y~ ~t ~ M p~et~ t~~~ ~e ~ of ~50.00.,,! $~2..50 n ~: $66.8S --~ ~,: ,~o.o°,, ,~ ,.,~: ,~,~.;.~ ..... ,~ I . lt~e chec~ pl~ble to: ~ OF ~ Securi~ Demsit ~d o~ ~.-7-~,3 (de~e) in ~be amount of R~:al Fm ~d on (date) in the ~t of ~ ~ , or ~h ~iti~l M~holic ~eN~e B~t ~ea~ at the ~a~il ~ti~oa (date). a~t ~ / D~. Fee ~aiver ~e~t hear~ at the ~n:i! ~t~o on (date). R~est ~PR~ / D~I~. Key Pic~p Date Key Return Date Se~rity De.sit regumed by City ~e~k { in the a~unt of' on l I I I l I I I City of Sebastian IPOST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 / I WILDLIFE SERVICE TO EXPAND THEIR ) ' ORIGINAL REQUEST FOR THE USE OF ) Dept. Origin: Community Development I RIVERVIEW PARK ) (BC~: Approved For Submittal By: ) Date Submitted: 12/30/92 .~- ) For Agenda Of: 01/06J93 iCity Manager ) ) Exhibits: ) 1. Memo dated December 21, 1992 i ) from Chief Petty ) 2. Memo from Linda Kinchen dated ) December 28, 1992 ) 3. Letter dated December 14, 1992 I ) from Dorn Whitmore EXPENDITURE REQUIRED: AMOUNT BUDGETED: $ 5,475.00 $0.00 APPROPRIATION REQUIRED: $5,475.00 SUMMARY STATEMENT The City Council previously approved the request from Fish & Wildlife to use Riverview Park on March 14, 1993 to celebrate the 90th anniversary of Pelican Island Refuge. At that time, staff anticipated a small celebration with minimal impact to the City. It has now come to our attention as outlined in the letter dated December 14, 1992 from Dorn Whitmore, that this celebration will be of a magnitude similar to the 4th of July. Therefore, memos from both the Police Department and Public Works have been included regarding their projected manpower hours for this event. Based on both department's projections, the anticipatied appropriation for this event would be $5,475.00. The City Council would also need to approve the closure of Fellsmere Road between the entrance of Super America and Indian River Drive and the use of the Yacht Club for March 14, 1993. The request to close Indian River Drive would have to be approved Page 2 by Indian River County Public Works Department. banner across U.S. #1 must be approved by City Department of Transportation. RECOMMENDED ACTION Review the request from Fish & Wildlife Service. The request Council I I I I I I i I I I i I i i i · to use the · and Florida SEBASTIAN POLICE · Earle L. Petty, Chief of Police DATE: , TO: :FROM: SUBJECT Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 II III IIII~L December 21, 1992 Robert S. McClary, city Manager Earle L. Petty, Chief of Pol~ Pelican Island Refuge Celebration, March 14, 1993 Based on the information provided at our initial meeting to begin planning for.this event, the police department will need to plan for an activity that will be of the magnitude of our fourth of July celebration. Some of the tasks that were requested by the U.S. Fish and Wildlife Service (sponsor of the event) included; 2. 3. 4. Blocking off major roads Traffic control Crowd control Provide V.I.P. escorts from the airport to the event .site. Parking control In addition to the above we still have the responsibility to patrol the city and provide protection for our residents and their property. It is my understanding that the celebration will continue for at least twelve hours and include many activities and events. Not including the normal duty shifts, I feel that we must dedicate ten officers to cover the needs of this event. The cost for overtime and other operational expenses from this departments budget will amount to $3,000.00 or more. This is an expenditure that was not included in this years budget, and I doubt that the city will be reimbursed by the United States Department of the Interior for our expenses. If you should have any questions pertaining to this memorandum please contact me at your earliest convenience. EP/jh DATE; TO: FROM: City of Sebastian POST OFFICE BOX 780127 ~D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 M w. M O R A N D U M December 28, 1992 Daniel C. Eckis, P.E. City Engineer/Publi. c Works Director Linda Kinchen ~ Administrative Assistant RE: Pelican Island Day Please be advised that after careful review of the time sheets for last year's July 4th celebration, I believe the following information should be accurate with regard to overtime costs. According to their memo, Pelican Island Day will run from 8;00 a.m. to 5:00 p.m. which would be'a nine hour day for employees. If all the Public Works employees who worked last July 4th would be required to work the full nine hours for this event, the cost of overtime would be $2,475.36. However, in this case, anticipating that the crowds would not be as extreme, we could have employees work less hours with rotating shifts. This probably would result in half the cost for this event. The major concerns with these types of affairs are keeping up with the trash and safety of the participants that is why alterations to the scheduled workforce can be made based on attendance. The above information does not include overtime costs for the Police Department. Should you need any additional information, please feel free to contact me. I m United States Department of the Interior FISH AND WILDLIFE SERVICE M~rnt~ Island Natio~nl Wildlif~ R~fuge P.O, Box 6504 Tit~vill¢, Florida 32'/82 December 14, 1992 Mr. Robb McClarey, City Manager City of Sebastian Post Office Box 780127 Sebastian, Florida 32978 Dear Robb: ommm m m m J I would like to take this opportunity to Thank You and your staff for meeting with us on Tuesday, December 8, to discuss details of the 90th celebration for Pelican Island. If all goes as planned, I think this could turn out to be a very exciting event for both the City and the Refuge. As I mentioned a group of about 40 individuals representing over 20 organizations have formed to begin planning and organizing this one day event. The goal of the group is to host a local celebration which honors the 90th anniversary of Pelican Island and recognizes local residents and historical landmarks which contributed to the establishment of our first National Wildlife Refuge. We see this as a fun day filled with a variety of activities of interest to residents and non-residents alike. i am including a list of the activities being planned to help give you and the city Council a sense of the scope and scale of the celebration. Riverview Park would act as the hub for most events and activities. The celebration is planned to last from 8:00 A.M. until 5:00 P.M. with peak crowds occurring from 11:00 until 3:00. We estimate the crowd size equal to that of your day-time 4th of July celebration. After the committee had the opportunity to review the complete list of activities and the potential crowd size, they ask me to contact the city and request some additional assistance/support. The following is a list of items we would like the City to consider in support of this event. Expand the original request for the use of Riverview park to include the parks annex, (the area located North of Fellsmere Road and east of Super America) and the Linear Park located directly east of Riverview Park adjacent to the indian River. The Annex property would accommodate the sky divers event, hot' air balloon rides and parking. The linear park adjacent to the water would serve as a stage for presentation, music and making public announcements. For public safety please, consider closing two streets around the park from 8:00 A.M. and 5:00 P.M. 1) Indian River Drive between Collidge and Harrison;.and, 2) Fellsmere Road between the entrance to Super America and Indian River Drive. Use of the Yacht Club building for VIP's (designate parking for VIP's in parking lot). Assistance from the Police Department to handle traffic and crowd control, possible escorts for VIP's and traffic control during the 5-Kilometer run. Place banner across U.S. i welcoming the public to Pelican Island Day. We hope the City Council will take up these matters at your earliest convenience. Of course, members of the Committee and myself would be happy to attend the Council meeting to answer questions as they arise. Again, I would like tot hank the City for their valuable assistance and the cooperation in making "Pelican Isl&nd Day" a huge success. Sincerely, Dom Whitmore Project Director i i' I I i i I I I I i I I I I I I I i 90TH ANNIVERSARY CELEBRATION PELICAN ISLAND DAY 14, 1993 LIST OF ACTIVITIES AND EVENTS GUIDED BOAT TOURS TO PELICAN ISLAND HOT AIR BALLOON RIDES SKY DIVERS RUN FOR THE PELICANS (5-K) ORGANIZATIONAL DISPLAYS (THEME WILDLIFE/NATURE) ENTERTAINMENT/PRESENTATION FOOD AND COMMERCIAL VENDORS "DOES THAT RESEMBLE A PELICAN" BAKE OFF DISPLAYS BY SCHOOL GROUPS TOURS OF KROEGEL HOMESTEAD HISTORIC PHOTO DISPLAY PELICAN ISLAND VIEWING HISTORIC LANDMARK CEREMONY ENVIRONMENTAL T.RAP. NING CONTINUOUS AFTERNOON NOON A.M. ALL DAY YACHT CLUB PARK ANNEX PARK ANNEX INDIAN RIVER DRIVE RIVERVIEW PARK AFTERNOON CONTINUOUS LINEAR PARK RIVERVIEW PARK AFTERNOON AFTERNOON AFTERNOON AFTERNOON AFTERNOON RIVERVIEW PARK RIVERVIEW PARK KROEGEL HOME KROEGEL HOME KROEGEL HOME TO BE ANNOUNCED KROEGEL HOME AFTERNOON RIVERViEW PARK I City of Sebastian I POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: REQUEST FROM JOHN MALEK REGARDING THE 4TH OF JULY CELEBRATION Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Co, unity Development .. Date Submitted: ... 12/30/92 (BC./~ For Agenda Of: 01/06/93 Exhibits: 1. Letter dated November 18, 1992 from John Malek 2. Memo from Linda Kinchen dated December 28, 1992 3. Memo to Linda Kinchen dated December 28, 1992 4. Memo from Earle Petty dated December 21, 1992 5. Memo dated December 28, 1992 from Mike Hudkins EXPENDITURE REQUIRED: $13,000.00 AMOUNT BUDGETED: $6,000.00 APPROPRIATION REQUIRED: $7,000.00 SUMMARY STATEMENT The Chairman for the 4th of July Committee, John Malek, is requesting the City Council to approve a two (2) day event for the 4th of July (July 3rd & July 4th) and to increase the budget from .$6,000.00 to $8,000.00 for this event. In order for the City Council to be fully informed of the impact of this proposal, memorandums from the Police Department and Public works Department are included for your review. Based on actual expenditures from last yeaz~ event, the additional costs for both departments to work this additional day would be approximately $10,000.00. The City Council should take careful consideration regarding the Chief of Police's comments regarding the amount of time the police officers must work and the desired level of prevention patrol activities. Page 2 Mr. Malek is also requesting additional funding to increase the budget $8,000.00. The City Council has already reviewed an increase regardin( this line item at the budget hearing and increased the previous $5 000 level of funding to $6,000.00. ' RECOMMENDED ACTION Move to deny the request for an additional day for the 4th celebration and the request to increase the budget to $8,000.00. of Jul~ AIIslal8' John Malek Neighborhood Office Agent 484 U.$, Hwy. 1 FL .~2958 November 18, 1992 Lonnie R. Powell, Mayor City of Sebastian P.O. Box 780127 ~ ~ Sebastian, Fla 32958 '~¢ -- ~7 Subj. 1993 July 4th Celebration "'~~ Dear Mayor Powell= If possible, I would appreciate the City's approval to extend this years 4th celebration to a 2 day event encompassing the 3rd and 4th. The reasons for this request is as follows: (1) This is the Cities 20th year celebration 2) I would like to exand this event by incorporating crafts and alike (3] Consider shooting off the fireworks on the 3rd thus reducing the cost by at lsat 20% ~ . (4) Expand entertainment and turn this celebration into an annual event (fesfival) showing off our fair city. This could become a tourist development event whereby our local merchants, food, lodging, service industires could increase their sales and circulate more mo~ey into our community. If this could be realized, I would also request the ci~ increase their contribtuion to $8,000 in leiu of the previous $5,000. Lastly, an area of concern to ~e is to tr7 and reduce the police manpower and utilize much more 'security staff' personnel in conjunction with the police. I would of course make a presentatio .to Chief Petty a~-.~ the appropriate time. Thank you in advance for your time and consideration in this matter, and I look forward to hearing from you in the near future. $1 c r cc: Chief Petty Robb McClary DATE; TO: FROM: RE: Please be advised that after careful review of the time sheets for last year's celebration, it is my recommendation that the request for a two day celebration be denied. City of Sebastian i POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 ~1~ TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM December 28, 1992 I Daniel O' Eckis' P'E'~°r i City Engineer/Public ks Director Linda . ~ Kinchen Admini~trative Assistant I 4th of July Celebration - Two day Request _ The cost of overtime is based on time and one half and not double time and one half which is the rate for working on a holiday. Last year if you recall, each department had a different day off for the holiday depending on the needs. The above information does not include overtime costs for the Police Department. Should you need any additional information, please feel free to contact me. The current fiscal year budget for the Public Works Department allows for $$000. in overtime. The Building Maintenance Department budget allows for overtime of $1500 and the City Garage overtime allowance is el000. Employees from each of these departments worked last year and taking into consideration one total of $5500 there would be a budget shortfall of $527.40 if everyone worked the same hours as last year for two days. All of these departments have occasional overtime at other times during the year and therefore, cannot use their entire allotment for one event. December 28, 1992 TO: Linda Kinchen Administrative Assistant · During the 1992 4th of July celebration, 18 public works .... personnel worked a total of 202.5 hours overtime at a cost to the City of $2,207.40. Due to an increase in salaries, and anticipating the same total hours of 202.5, the 1993 cost to the City wi] 1 be $3,013.70. If a proposed 2 day event is scheduled and the number of hours remains 202.5 for each day, the total expenditure wilt .~ be $~:, 027.40. ~These fiBures are ~ased on time and one half hourly pate. I SEBASTIAN POLICE DEPARTMENT Earle L. Petty, Chief of Police Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 DATE: TO: FROM: SUBJECT= December 21, 1992 Robert S. McClary, City Manager Earle L. Petty, Chief of Pol.~ 4th of July Celebration Special Request Letter Dated, November 18, 1992, John Malek Based on past experience (July 4, 5, 1991, rain delay for the fireworks display), a full two day celebration would cause a hardship on the police department, financially and manpower resources. The 4th of July celebration requires the police department to schedule all but staff personnel to extended shifts of 12 -18 hours. To extend the celebration to July 3rd would require our officers working 24 - 36 hours just to cover the celebration, plus their normal shifts prior to the 3rd and after the 4th. The extended hours are very demanding on police personnel by the very nature of their work, and even though the officers would'be compensated for their hours worked, after that many hours in a short time span, they are going to be less effective and this could contribute to unsafe working conditions. The funds for the overtime pay for the 4th of July are projected in this years budget. Funds for the overtime required for the 3rd of July are not. The estimated cost for the additional overtime will be $4,000.00, more if we have to keep officers past midnight on the 3rd which would then be computed at the premium rate for holiday worked. ! .! Date: Subj: Page' December 21, 1992 4th of July Celebration Two Of equal concern is our responsibility to patrol the city and provide protection for our residents and their property. The 4th of July celebration requires that the majority of our patrol units be diverted for crowd and traffic control at or near Riverview Park thus skeletonizing our shifts to the point where we can only answer calls for service, but not provide our desired level of preventative patrol activities. Mr. Malek refers to a proposal to reduce police manpower by providing "security staff". His concern and recommendation is well intended, however this would not reduce the need for sworn officers to work traffic control, crowd control, parking violations, minor accidents and the many other tasks only a sworn police officer can do. If you should have any questions pertaining to this memorandum, please contract me at your earliest convenience. EP/jh' TO: FROM: DATE: City of Sebastian POST OFFICE BOX 780127 1:3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 Robert S. McClary, City Manager Michael L. Hudkins, Finance Director MEMORANDUM December 28, 1992 SUBJECT: 4th of July Celebration i I I II iii L lille IIIII J I Mr. Malek's request for additional funding comes after the budget has been publicly deliberated on. Council has increased the previous $5,000 level of funding to $6,000 so an appropriation would have to be made to increase funding again. My greater concerns are that this is or is not determined to be a City function to address insurance concerns that have surfaced in the past. If you wish it to be a City function covered under our insurance, some type of council action will likely be necessary, otherwise the committee needs to provide us with proof of insurance for any dates they wish to use City property. Additional appropriations may be required to adequately fund the police and public works budgets for overtime, etc. if the extended times are approved. This process would have been better served if if were addressed at in the budget process. ! ! i City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589.5330 SUBJECT: Sub-lease, Skydiv¢ Sebastian, Inc. ) Ageada No. & Sebastian Aero Services ) ) D~,t. orisi~ ) Approved for Submittal By: ) Date Submitted: ) ) For Ageada Of City Manager ) ) Exhibits: ) ) 12/29/92 01/06/93 Sub-lease agreemeat Expenditure Amount Appropriation Required: -0- Budgemd: -0- Required: SUMMARY STATEMENT Skydive Sebastian, Inc. and Sebastian Aero Services have reached an agreement to sub~ lease a portion of their office and other facilities to enable Skydive Sebastian, Inc. to "piggyback" on their lease and allow them to begin skydiving activities. Skydive Sebastian, Inc. is currently engaged in negotiations to effect a lease directly between them and the City similar to the agreements reached with the other aviation related businesses and will be forthcoming for Council approval. RECOMMENDED ACTIO...N_ Approve Sebastian Aero Services to subqease a portion of their premises to Skydive Sebastian, Inc. to enable Skydive Sebastian, Inc. to commence commercial skydiving activities immediately. BUSINE_S$ SUB LEAS~E THIS AGREEMENT, entered into this day of December, 1992, between SEBASTIAN AERO SERVICES, INC., hereinafter called the Lessor, party of the first part, and SKYDIVE SEBASTIAN, INC., hereinafter called the Lessee or Tenant, party of the second part: WITNESSETH, that the Lessor does this day lease unto said Lessee, and said Lessee does hereby hiro and take as tenant under said Lessor, the two (2) off=es at the west end of the building located at 300 West Airport Ddve and the unimproved property as identified by as "Attachment A" made a part of this agreement. Tenant agrees to use said property for the exclusive purpose of conducting skydiving operations and for no other purposes or uses whatsoever, for the term of six (6) months subject and conditioned on the provisions of clauses of this lease beginning on the 1st day of January, 1993, and ending on the 3Otb day of June, 1993, or for the six ( 6 ) month pedod of an even month beginning after approval of the lease by the Sebastian City Council, if required,at and for the agreed total rental of payable in advance upon the first day of said lease. Tenant will not sublet the premises without Landlord's written permission, such permission shall not be unreasonably withheld. All improvements are at the expense of the tenant and shall remain upon the premises at termination. The following express stipulations- and conditions are made a part of this lease and are hereby assented to by the lessee: FIRST: The parties shall review the lease arrangements after five ( 5 ) months for extension or modification of said lease by the mutual consent of the parties, failure to extend or modify shall result in the termination of the lease at the expiration of the lease period. SECOND: Landlord agrees to allow the use of the unimproved property for parachute packing and training of Lessee's clientele and use of the rest rooms by the clientele of tenant. THIRD: Tenant agrees to purchase fuel, oil, maintenance and aircraft parts exclusively from lessor for use in the primary aircraft of tenant. Fuel will be provided for $1.899 per gallon, maintenance for $25.00 per hour, emergency maintenance shall be at the rate of $30.00 per hour, fuel and oil prices subject to change as prices fluctuate with cost. Parts shall cost 25% above wholesale plus shipping. Maintenance may be performed by .tenant as allowed for owner/operatom under Federal Aviation Regulations, a copy of said maintenance activities are defined in "Attachment B" made a part of this agreement. FOURTH: Lessor shall be given the opportunity to provide supplemental aircraft and/or pilots in excess of the primary aircraft of lessee at rates competitive to comparable aircraft in lessee's industry. I '1 I I I I I i I i i I I I i I i I I I I' i I i I I I I I I I I I I I I I I FIFTH: Lessee agrees not to conduct any activities which would compete with the services offered by the lessor;, specifically, but not limited to aircraft maintenance, sales, painting, or flight training. SIXTH: Lessee shall expressly prohibit the use of controlled substances by it's staff or clientele and violation of this provision shall be grounds for immediate termination of said lease. SEVENTH: Lessee shall provide to lessor a copy of any insurance required by the City of Sebastian, with lessor named as co-insured. EIGHTH: Lessee shall name lessor under all indemnification and hold harmless agreements used by lessee's clients. NINTH: Lessee shall construct barriem for the purpose of segregating the area's for the use of lessee's clients on the unimproved property. TENTH: Lessee shall have the option to construct a 'pole bam' type structure for the purpose of providing shelter from the sun. The costs of said structure shall be at the sole expense of the lessee and said improvements to remain on the property upon termination of the lease. Location of said structure to be mutually upon agreed to by the parties. Access for electdc service to be made available for extension to the structure. ELEVENTH: Use of the unimproved property by the lessee to be non-exclusive, with landlord's use to be mutually agreed upon. TWELFTH: Lessee agrees to accept the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition during the term of said lease. THIRTEENTH: This contract shall bind the lessor and lessee and their agents, successors, heirs as the case may be, of the lease. FOURTEENTH: Violations of any provisions of this lease shall be grounds for termination of this lease and may be cleclamd by lessor, with an aviation knowledgeable meatior to arbitrate the violation should objections be given to lessor in writting by lessee within 24 hours of the declaration of a violation. FIFTEENTH: Use of the office space shall be non-exclusive, with lessor's use to be mutually agreed upon. IN WITNESS WHEREOF, the parties hereto have hereumo executed this instrument for the purposes herein expressed, the clay ancl year above written. WITNESSES Lessee Lessor I '1 I I i I I I I I I I I I I I I I i I City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PROPOSED JOB DESCRIPTION FOR ZONING TECHNICIAN Approved For Submittal By: City Manager Agenda Number: ~3. ~/~ Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 1. 2/3o/92 o /o6,/93 Job description for Zoning Technician EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of October 14, 1992, the City Council approved to discontinue funding for the City Planner position for the fiscal year of 1992-93. As discussed previously with the City Council, staff believes that a need exists in the Community Development Department for a technical and administrative position to assist the department head in the administration of the Land Development Code and the implementation of the City's Comprehensive Plan. Therefore, we respectfully request that City Council approve the new job description for Zoning Technician and approve its funding to fill this position. RECOMMENDED ACTION Review the proposed job description for Zoning Technician. JOB DESCRIPTION FOR ZONING TECHNICIAN MAJOR FUNCTIONS: Highly responsible administrative staff position working directly for the Director of Community Development. Work is performed with considerable independance, but is subject to executive directions by the Director. ILLUSTRATIVE DUTIES: mo 3. 4. 5. 6. Serves as a project coordinator for special projects assigned by the Director. Updates zoning & land use maps. Determines land use and zoning classification of property. Coordinate new and changed addresses with the 911 Coordinator. Advises general public of land use regulations. Performs related work as required. MINIMUM QUALIFICATIONS: 1. Knowledge, Abilities & Skills Strong oral and written communication skills. Basic drafting skills. Ability to administrate and carryout special projects as assigned by the Director. 2. Education & Experience: Graduation from high school or equivalent certification. Three (3) years of progressively responsible experience in public contact work or an equivalent combination of formal education and working experience. zontech.wp I '1 I I i I I I I I I I I i I I I i I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 ·TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT. B&s~etball-Reoreatlon ) Agenda No. eas ) _ . } Dept. of Origin: Cxty Approved ~or S~ttal B~c ) . ) Date $~m~tted ~-- -- ~ For Agenda Of: 01/06/93 , . C~t~ ~ager ~ ) Exhib~ts~ Eck~s Cost Est=mate ~ ~ ' ~ ) Eckzs Conceptual Drawzng, Highl~ds Map (Onder Separate Cover) EXPENDITITR~ R~QUIRED= AMOUNT BUDGETED APPROPRIATION REQUIRED: STATEMENT The City Council recently authorized Mosby & Associates, Inc., to develop a conceptual site plan for the 7.3 acre tract of land at Barber and Tulip Streets and due south of the Barber Street Sports Complex. It is anticipated that this property would be developed as an extension to the Barber Street Spor~s Complex and house football/soccer fields and other amenities. A preliminary analysis indicates that the site is not sufficient in size to house more than the playing fields for football and soccer plus necessary amenities of off street parking, restrooms, and concession/storage building. By removing the existing metal building from this site along with the necessary parking, etc. the 7.3 acre site would hold a total of three playing fields (two football/soccer fields and one smaller soccer field). With the anticipated demand for football and soccer fields we anticipate returning to the original plan for the Barber Street Complex and constructing a soccer field between the two little league fields and Tulip Street. Therefore, there simply is not sufficient real estate to construct other recreational facilities such as community center, youth oriented gymnasium, tennis courts, racquet ball courts or basketball courts. As a result of our settlement with General Development Corporation, the City received many parcels of property which · could be used for recreation. Since basketball is a passive non- supervised sport which would be used for neighborhood play, I recommend that several courts be constructed in the various neighborhoods of the Sebastian Highlands. I have enclosed a Sebastian Highlands lot and block map indicating potential sites for basketball. Currently, the City owns three courts located at the Community Center, at City Hall, and at Schumann Park. Additional courts could be constructed:at Lake and Easy, Hardee Park, Tulip Street Tract "C" near Barber Street Sports Complex, Blossom Park, Tract "B" on Keen Terrace at the park tract at Melrose and Crown, on Tract "B" at Caravan and Arbor and on Tract "B" on Hinchman. Further, Tract "D" at the southern tip of Barber Street would lend itself well to the construction of tennis courts and racquets ball courts. In my opinion, tennis courts should be in one location. While the City has very limited funds to construct park improvements this current Fiscal Year, the City Council may want to evaluate the concept of constructing basketball courts in the neighborhood type "pocket" parks. The City Council may also wish to discuss the concept of grouping tennis courts and racquet ball courts at a single location. It is my hope that the City could construct at least one baskethall court this year. REOOMM~NDED ACTION Review possible recreation uses and sites for preliminary planning purposes I City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE; December 22, 1992 TO: FROM: Robert S. McClar~ City Manager Daniel C. Eckis, City Engineer/Public~orks Director RE: Basketball Courts Per your request, I have prepared a preliminary cost estimate for the construction of the Basketball Courts for Tract C on Tulip. The estimated cost for construction of the court will be $5000. Clearing and grubbing and parking costs will be approximately $6,300. I also have included a contingency cost of 10% at $1,130. for a total cost of $12,500. Should you need any further information, please do not hesitate to contact me. Cio' of Sebastian S,~EET POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 Type ESTIMATE TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 [~"~f'~ J. i ~ j. m~y . ~t~/~ P~OJECT NO. ESTIMATO~ CHECKED BY DATE ~.. , . ~UANTITY LABOR [Mt4) [$) MATER[AL OESOnIPT ION ~0. ' UNiT PE~ PER TOTAL Ul4l TS HEAS UNIT TOTAL UNIT TOTAL COST ~ ~~ ~ ' ~ ., ,... ...... , .... /~ .,, I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 I TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Golf Course Operation Areas Approved for Submittal By: I City Agenda No. 93.011 Dept. of Origin: City Manager (RSM) Date Submitted 01/07/93 For Agenda Of: 01/13/93 Exhibits:McClary Memo Dated,12/21/92 Re= GC Operation - Hudkins Memo Dated, 11/04/92 Re: Analysis of Impact GC Rate Resolution - Hudkins Memo Dated, 11/09/92 Re:GC Manager - DeLar~e Memo Dated, 11/12/92 Re: Tee Times - DeLar~e Memo Dated, 11/17/92 Re: Rain - DeLarme Memo Dated, 11/17/92 Re: GC Deficit - Faust Memo Dated, 01/06/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED .' aPPROPRIATION REQUIRED: SUHMAR__Y STATEMENT At its Workshop Meeting of January 6, 1993, the Sebastian City Council reviewed a report submitted by staff regarding the Golf Course operation. At that meeting, the City Council authorized the City Manager to advertise for a Manager-Professional at a salary range of $36,000 - $42,000 per year. However, the City Council did not have adequate time to review the balance of the report and asked that it be deferred to the January 13, 1993 meeting. In addition to the backup previously submitted, I am attaching a copy of a memorandum from Robert W. Faust which he submitted on January 6, 1993. RECOMMENDED ACTION Review the Golf Course operational areas of rates, playing conditions, promotion, and management. ~ /I City of Sebastian i POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 D~TE: TO~ MEMORANDUM December 21, 1992 Lonnie Powell, Mayor & Sebastian City Councll Robert S. MoClary, City Manager Golf Course Operation A number of concerns and questions were raised during the F-93 Budget Process and at the Rate Resolution Public Hearing regarding the Golf Course operation. Staff has completed a comparative analysis of the Golf Course operation. In summary, we find there are four major issues which need to be addressed: 1) rates; 2) playing conditions; 3) promotion; 4) management. The problem, simply put, is that expenditures are out pacing revenues. This is demonstrated on the attached fund analysis which evaluates five major operating revenues and three major operating expenses. Please note that these numbers are not comprehensive. In the three year period since Fiscal-1989, Golf Course revenues have increased approximately 12.8% while at the same time expenditures have increased 70.7%. In this three year period, net revenues over expenditures for these areas decreased from $320,400 to only $2,400.* Revenues increased an average of 3.2% over four years compared to a 17.7 % annual increase in operating expenses. Of particular concern is the decrease in the operating revenues from F-91 to F-92. The decrease is solely accounted for in cart fees whereby we received approximately $33,100 less in cart fee revenue in Fiscal-92. This also represents a budget short fall of approximately $72,700 when comparing actual to budget. * Note: The F-92 figures are not necessarily representative of ongoing operating expenses since a number of one-time expenses were incurred including approximately $61,000 in bond related legal and underwriting expenses and some $34,500 in improvements to the sand traps, putting green, and driving range. Therefore, if $95,500 is backed out, Fiscal- 92 would show in the black some $98,000 for the reported revenue and expenditure items. GDlf Course Operation December 21, 1992 Page ~2 Golf Course Rates The Golf Course suffered a loss of some 6,000 rounds of play, which was primarily in the summertime and primarily from non-play by members. This reduction in play can be attributed to several factors including non-competitive summertime rates, playing conditions of the course, lack of promotion, and management. As part of the Rate Resolution, staff recommended and City Council approved two major changes in the rate structure. First, the Rate Resolution allows for a three dollar range in rates during the off season. Second, the number of member tee times has changed from two member to one non-member tee time reservations to a one to one ratio. While memberships account for approximately 24% of the identified revenue items it is clear that member golf rounds are subsidized by non-member play. In the future, the City Council may want to consider several alternatives, including: eliminate or sunset memberships, increase membership fees, limit membership to the off season or impose a per round green fee/trail fee for members (such as 50 cents). The PGA report recommended a trail fee which would have the effect of keeping the annual membership rates the same yet increasing revenues from members based on usage of the facility. Playing Conditions It is clear that the playing conditions of the course this past summer contributed to the loss in rounds. Coupled with non- competitive fees, the Golf Course playing conditions, especially the high rough, contributed to lost rounds. The playing conditions can be attributed to a number of factors including equipment failure, rain days, and other major projects which diverted maintenance crews (such as sand trap renovation, putting green construction and practice tee construction). Staff proposes to correct playing conditions by: 1) utilizing more contractors when possible so the efforts of the maintenance crew is not diverted, 2) to purchase the new mowing equipment budgeted for F-93, 3) to develop a cart path building program to make the course more playable after a rain. Golf Course Promotion It is clear that the Golf Course is not adequately promoted. An aggressive effort by the PGA Pro must be undertaken to attract more tournament play and more activities. Sebastian should have the best possible Junior Golf Program, Longest Day of Golf, and more tournaments. The restaurant expansion will greatly facilitate additional tournament play and facilitate the existing groups using the golf course on a regular basis. Golf Course Operaton December 21, 1992 Page Management The failure to properly recognize, analyze, and take corrective action was a management shortfall. A number of management issues should be addressed: 1) Budget Preparation. We cannot c~ntinue to allow expenditures to outpace revenues. A combination of minimizing expenses and enhancing revenues must be thelong term management goal. 2) Design a compet%tive compensation package for the Golf Course Manager. Compensation should include a salary of $36,000 to $42,000. plus instruction fees, club repair income and a bonus or com~isslon to generate tournament play. With operating expenses of $1.7-million the golf course operation has t~he second largest operation of 'the City, second only to the combined Public Works Departments. The Golf Course needs a day to day manager who can administer the complexities of the Golf Course operation and yet be pro-active in promoting and improving our facility. Furthermore, we need to promote the course during the off season and to provide amenities for the golfing public including lessons, club repair, pro shop merchandising, etc. 3) The accountability for th~ golf pro must be improved by requiring all compensation, including lessons, club repair, etc., to be through the City's normal accounting procedures and books. Fu .r~her, the golf pro should be paid on a bonus or commission basis for attracting tournaments. Summar~ The recent downward trends of the golf course finances can be reversed addressing four major areas of golf course rates, golf course playing conditions, golf course promotion and management. /sg GOLF COURSE FUND ANALYSIS NAJORREFENUE/EXPENDITURE SOURCES F-89 F-90 F-91 F-92 OPERATING REVENUES Cart Fees Greens Fees Driving Range Initiation Fees Memberships TOTAL $Increase From F-89 %Increase From F-89 %Increase From Prior Year · $459,323 $472,666 $475,337 261,011 331,799 341,958 15,940 17,617 18,820 8,454 6,300 6,450 195.889 ~ 23J.894 $940,617 $1,041,678 $1,074,459 $ 101,061 $ 133,842 10.7% 14.2% 10.7% 3.1% OPERATING EXPENSES Administration Maintenance Carts TOTAL $Increase From F-89 %Increase From F-89 %Increase From Prior Year $245,832 312,430 ~1.951 $620,213 $442,237 343,505 21,381 10,150 $1,061,305 $ 120,688 12.8% < 1.2%> $285,812 $410,465 $371,370 404,644 441,638 594,925 47.627 68.~831 9.~.589 $738,083 $920,934 $1,058,884 $117,870 $300,721 $ 438,671 19.0% 48.5% 70.7% 19.0% 24.8% 15.0% REVENUES OVER EXPENSES $320,404 $303,593 $153,525 Prepared by R.$. McClary 12/21/92 $ 2,421 TO: FROM: City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MEMORANDUM Robert S. McClary, City Manager City Council Members DATE: Michael L. Hudkins, Finance Director November 4, 1992 SUBYECT: Analysis of Impact of Golf Course Rate Resolution Enclosed is an analysis of the impact of revenues from the golf course rate resolution, if enacted. Page I is a listing of assumptions and facts to include percentages of play between members and non-members, an estimate of rounds lost in off-season play from fiscal 91 to fiscal 92, and an analysis of memberships, both resident and non-resident. Page 2 is a calculation of the estimate of the impact of the rate changes on total revenues of fiscal 93, and page 3 is a synopsis of the rate test per the bond covenants. Several items occurred this year that will not occur subsequently, therefore I have restated the revenue test to reflect those non-recurring items. There are several actions that will have a significant financial impact on total revenues but are difficult to calculate. The change in mix of tee-time reservations between members and non- members, and the increase in market share both in season and summer play are examples of such intangibles. Our covenants require us to fully fund debt service and expenses of operations. In the event the increase in rates are insufficient to fully fund those costs, then reductions in expenses must be effected. Such examples would be the elimination of the chemical technician, as yet unhired, reduction in capital expenditures, and reduction in line item expenditures. It should be noted that attempts to fully fund both debt service and operations entirely from rate increases could result in further erosion of market share. i I I' I i I i I I I I I i I I i I I i I A~nalysi~ of Rounds Played: Members Non-members SEBASTIAN MUNICIPAL GOLF COURSE Revenue Test of Rates Fiscal Year Ended September 30, 1 992 1990/91 Nov-Apr Apr-Oct 53.00% 42.00% 47.00% 58.00% 100.00% 100.00% Analysis of membership play: In Season Play Off Season Play Percentage of annual play using carts Analysis of Reduction of Rounds: Total 18 hole equivalent rounds: Percentage of in season play (per above) in season play Off season play Deficit of rounds in off season play Analysis of Off-Season Play: Members Non-members Analysis of Memberships: Resident single Resident family Non-resident single Non-resident family Total memberships 42.00% 58.00% 1) 92 87 81 79 57.00% 91.00% 43.00% 90/91 91192 66,500 57.00% 60,619 (actual count) 37,905 37,905 (estimate) 28,595 22,714 5~881 2,470 3,411 5,881 179 52.80% 160 47.20% GOLFTST.XLS 339 100.00% (estimate) SEBASTIAN MUNICIPAL GOLF COURSE Revenue Test of Rates Fiscal Year Ended September 30, 1992 IMPACT OF RESOLUTIONS Calculation of Membership Fees: Resident Single Resident Family Non-Resident Single No. Total Rate Fee 92 87 625 57,500 775 67,425 91 950 76,950 Non-Resident Family Estimated total membership fees after rate adjustment 1991/92 actual membership fees Increase from memberships after rate adjustment Recoup of Summer Play to 1990191 levels: Members summer play (see analysis-page 1) Non-members summer play: Cart & Greens Fees Walking Greens Fees 3,411 3,411 Increase from recouping of summer play Percent 91.00% 9.00% Rounds 79 1,150 90,850 2'92,725 .. 24~.,032 48,693 '~1 2,470 Rate Revenue 3,104 307 6 14,820 5,881 8 24,832 3 921 40,573 Increase in Non-member In-Season Play: Non-member In-Season 18 hole equivalent rounds Increase in rate per round (average) Impact from rate increase on non-member in-season play 12,181 $0.50 6,091 Recapitulation: Revenue impact of Rate Changes on Memberships Revenue impact of Rate Changes on Summer Play Revenue impact of Rate Changes on In-Season Play Anticipated impact on revenues from rate adjustments 48,693 40,573 6,091 95,357 GOLFTST.XLS I I' i i I i i I i i I i i I I I I I I SEBASTIAN MUNICIPAL GOLF COURSE Revenue Test of Rates Fiscal Year Ended September 30, 1992 REVENUE TEST 91/92 Revenues 1,176,861 Expenses: Cost of Pro-shop sales Administration Maintenance Carts Recurring operating expenses Operating Income 19,815 330,841 559,623 92,589 1,002,868 173,993 (169,099) 4,894 Debt Service Income before Capital Expenditures Bond issuance costs Unbudgeted work on sand traps Capital expenditures (39,664) (35,301) (172,823) Net Test of Revenues (242,894) Impact from Rate Changes Balance (underfunded) Additional Considerations to support Rate Test: Increase in Greens Fees & Cart Fees from Tee-time mix Increase in market share from reduced summer fees Reduction of Capital Expenditures Elimination of Unhired Chemical Technician Reduction in line item expenditures GOLFTST.XLS 91/92 Restated 1,176,861 19,815 330,841 559,623 92,589 1,002,868 173,993 {206,655) (32,662) (172,823) (205,485) 95,357 (110,128) 3 . I City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 TO: FROM: DATE: MEMORANDUM Robert S. McClary, City Manager Michael L. Hudkins, Finance Director November 9, 1992 SUBTECT: Competitive golf facilities management analysis Enclosed is aa analysis (matrix) of the management of various golf facilities in the Sebastian River area. The analysis indicates the title of the managers, their main qualifications and the titles and numbers of assistants, if any. Most of the facilities were private, public access facilities and could lawfully decline to provide compensation figures. The balance of the facilities under the public records laws were insufficient to develop a statistically sound salary analysis. The Professional Golf Association may be the best source of this type of information. DATE: City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA FAX 407-58~5570 November 12, 1992 TO: FROM: RE: Robb McClary, City Manager Jim DeLarme, Pro/Manager(~J' Tee Time Reservations I have already planned to adjust the distribution of tee times before the rate resolution changes. This distribution would change from a two-third member, one third non-member to a fifty-fifty distribution between members and non-members, as recommended in the P.G.A. Consultants report. This change would free eight (8) tee times from 7:00 a.m. to 12:00 noon for non-member play in the heighth of the season. i.e. January 1st to April 14th, 1993. This approximates to a $60,000-$70,000. increase in revenue based on all new non-member times being filled. There is also an additional plan which would eliminate the men's and ladies associations during this same time frame. This would generate an additional $40,000-$50,000. thousand dollars to our revenue given that, as above, all the new non-member times were filled by non-members. The total of the two (2) plans would give 100-120 thousand doll. ar increase in our revenue at the Golf Course. I believe that this year we should see if the 50-50 tee time distribution plan increases our seasonal revenue enough to satisfy our bond rate test. If this should not bring the desired result, the second plan should be instituted next year. The 50-50 tee time system and the elimination of men's and ladies association in the season would satisfy the concerns of the Council concerning the accessibility of the course to the general public. The rate of $28.00 per person was used to formulate the figures given in this memo. I City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 November 17, 1992 z-~'~ RobbMcClary, City Manag Jim DeLarme, Pro/Manager RE: Rain The following is rainfall amounts fr~m January 1992 to the present as reporbed by the Green's Superintendent. Also, a record of rainy days and rainouts as oollec%ed by the Administration office of the Pro- Shop for your perusal. January 1.95" July 17.25" February 2.75" August 9.75" March 1.60" September 2.10" April 1.10" 0c%ober 2.40" May 5.25" Thru ~krv~nber 1.30" June 7.50" To~al 52 · 95" Rainy days and Rain-outs. 1-01-91 10-2-91 10-3-91 10-5-92 11-5-91 12-12-91 12-28-91 1-02-92 1-14-92 1-28-92 2-05-92 2-06-92 3-22-92 4-11-92 Closed at 1:00 p.m. Closed at 3:30 p.m. Closed all day Closed due tO Closed due to Closed due to Rain Rain Rain Rain Rain Rain Rain Rain Rain Rain Rain Rain Rain Rain 6-03-92 Rain 6-04-92 Rain 6-06-92 Rain 6-28-92 Closed due to Rain 6-29-92 Closed due to Rain 6-30-92 Closed due to Rain 8-07-92 Rain 8-29-92 Rain 9-03-92 Rain 9-10-92 Rain 9-28-92 Closed due to Rain 9-29-92 Closed ½ a day 10-11-92 Rain 11-09-92 Closed due to Rain City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32878 TELEPHONE (407) 589-5330 FAX 407-589-5570 November 17, 1992 Robb Mcclary, City Manag~ ..-4.. ltV / The Golf Course did experience a down turn in total players. This I believ~ was due to our reeessionary times. The revenue in my estimatio~ is not down because we increased our green fee's for the 91-92 year. This equates to a higher per player revenue and covered our reduction in play. Looking at the year end smmmary is somewhat deceiving. One time operational charges were made to the Golf Course budget that were not the actual cost of operation. For example: Bond refunding $30,000.00 plus, P.G.A. Feasibility Study $13,000.00, Architectural fee's for Clubhouse expansion program $5,000.00 plus. These charges amount to over $48,000.00. We also exceeded our Capital Outlay budget to improve our facility with the consent of the Council. These items also were not operational costs. Capital Outlay costs were approved because the vast reserves of the course of over $500,000.00, could well afford the cost of the needed improvements to the Golf Course and Clubhouse. The concerns for our coming year from the Finance Department can be addressed by, as I proposed, giving a 50-50 distribution of tee times between members and non-members in the month period between January and April of 93. This alone could generate $60,000.00 to $80,000.00 in additional revenue as written in a prev/ous memo. We also, as you suggested, may choose not to fund the Chemical Technician job this year, which would decrease our budget by $30,000.00. There are also some Capital Improvement items that could be eliminated. The first could be the requested Fertilizer Spreader ($4,500.00) and a ($15,000.00 Mower). Also, as we originally requested, could perform a partial improve- ment to our pump house in the amount of $20,000.00, which would reduce Capital Outlay in the amount of $30,000.00. i I I I i I I I I I i I I I I I i I Another opportunity to save money, could take place in the summer months. A layoff of some of the Starters and Rangers at this time could save at least $10,000.00. These reductions amount to approximately $89,500.00 coupled with an estimated $60,000.00-$80,000.00 increase in revenue should easily meet our bond rate test for the 1992-1993 budget year. As a foot note I would also like to add that in the year end summary the money that was received from the bond refinancing was not reflected in non-operating revenue. To: Sebastian Mayor and Council From: Robert W. Faust Date: January 6, 1993 Subject: Improving the Financial Operations at S.M.G.C My name is Robert W. Faust And I live at 329 Main street Sebastian. I have been a member of the Sebastian Municipal Golf Course since 1984.My wife and I are here about 10 Months a year and between us play about 5 rounds a week. Therefore in addition to my approximately $800.00/year in dues and club storage I pay about $1600.00/year in cart rentals since we always ride.As a, member and customer I am three times as valuable as a member who always walks the course. I would like to offer the following suggestions to improve the financial operations at the golf course. Cart rental revenue is the most important income producer at the golf course. In the past Two fiscal years cart revenue has totaled $918,000.00. Cart operating costs I '1 I i I i I I I I I i I I I I I I I I I' I I I i I I i I I I I I I I I I I were $222,000.00 which includes $48,000.00 for new carts and $13,000.00 for cart path improvements.Using the members price of $8.00/round per person to rent a cart the profit per round per person on cart rentals is $6.07. People who rent carts subsidize the golf cost of peoplr who walk by more than $6.00 per round.per person.During the Golden Time from January 1 to April 15 no nonmembers should be allowed to walk.Members who choose to walk should pay $6.00 trail fee to compensate the golf course for loss of revenues during its most potentially profitable period. During the off season less restrictive rules should be followe dictated by competition. On mondays in the off season one of the members runs an eight A.M. start shot gun tournament for anyone who signs up.Many golfers enjoy a game with a little competition. Since the prize money is low, it costs $2.00 to enter which does not attract wise guys but does attract non-members players with flag cards.This activity should be promoted by the golf course and extended to fridays. 3. Recently the policy was changed to allow golfers to use tournament winning slips for other then pro shop sales. While I personaly loved the change it's a bad move financially and can only cost pro shop sales. 4. Eliminate all starters and have the cart man or women perform their duties. One person can easily do both, and this will easily save at least $30,000.00/year. During shot gun starts make the players pay and turn slips in at the turn, and collect the prize money in the office. ! 5. Shake up the rangers, teach them to promote faster play and have them help the starter/cartperson. 6. One last note on having memberships. There is no question that memberships cost revenue during January, February and March, but provide extra play during the off- season. If my wife and I wern't members our off season golf would certainly be spread around other courses. I '1 I I I I I I I I I I I I I I I I I City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT' ) Agenda Number: _ ~.~ I REQUEST'FROM WILLIAM BARBER TO ) AMEND THE CODE OF ORDINANCES ) Dept. Origin: Community ~gvelopment I Approved For Submittal By: ) Date Submitted: 12~29/92 ) ~ ~.~--~~ ) For Agenda Of: 01/06,9~ i City Mana ge%.'~'-~ ) ~/~ ) ) Exhibits: -- ~ ) 1. Letter dated 12/9/92 from ) William Barber ) 2. Letter of enforcement dated ) 11/13/92 to William Barber ) 3. Copy of Section 18-27 ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. william Barber is requesting the City Council to amend Section 18-27 of the Code of Ordinances regarding livestock, fowl, nondomesticated animals. Since Mr. Barber has not elaborated on how this amended, staff has no comments at this time. I have Section 18-27 for your review. ordinance would be included a copy of RECOMMENDED ACTION Review the request from Bill Barber. William G. Barber 1001Genesse Avenue Sebastian, FL 32958 December 9, 1992 City of Sebastian PO Box 780127 Sebastian, FL 32978 RE: Case #: 92-7409 Certified Mail P 360 763 912 Dear Mayor Powell and members of the City Council: I am a resident and property owner in the City of Sebastian and recently my property was found to be in violation of a City Ordinance. I believe that many other property owners as well as myself would like to amend this Section and/or Article and I am requesting time at the next City Council meeting to be heard on those matters that I would like to see changed. i will not use your time to defend the violation, but will present proposed changes. Thank you in advance for your consideration of my request. Sincerely, William G. Barber i '1 I i I I I I I I I I I I I I I I I City of Sebastian POST OFFICE BOX 780127 t~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 CASE ~: 92-7409 CERTIFIED MAIL P 360 763 912 DATE= 11/13/92 REGISTERED OWNER~ William & Carol Barber ADDRESS~ 1001Genesse Avenue. Sebastian. FL 32958 REFERENCE~ Lot 10. Roseland Acres LOCATION OF VIOLATIONs 1001Genesse Avenue DATE OF VIOLATION~ 10/12/92 THE'ABOVE DESCRIBED pROPERTY WAS OBSERVED IN VIOLATION OF THE AND/OR FOLLOWING, CODE OF ORDINANCES 18-~.7, LAND DEVELOPMENT CODE(S) (see attached) OF THE CITY OF SEBASTIAN. TO WIT~ ~ ~on_domest$cage4 nim~ an__~d fowl Ci~ limits, le~ remove al__l chickens and rabbits. THIS/THESE VIOLATION(S} ARE BROUGHT INTO CONFORMANCE WITH THE ABOVE CITED CODES WITHIN A PERIOD OF 15 DAYS. THIS MATTER WILL BE FORWARDED TO THE CODE ENFORCEMENT BOARD. YOUR COOPERATION IN THIS MATTER WOULD BE APPRECIATED. VE~X~TRULy YOURS. /~ ROBERT N. NICHOLSON CODE ENFORCEMENT OFFICER RN/gk ARTICLE L IN GENERAL Sec. 18.1. City designated bird and wildlife sanctuary; unlawful to shoot or trap birds and certain animals; permit to kill; signs. The city, including all lands now or hereafter within its territorial limits, is hereby established as a sanctuary and a reserve for all birds and fur-bearing animals; and it shall be unlawful for any person to hunt, kill, shoot or trap or in any manner kill or destroy such birds and fur-bearing animals within the city limits unless written permission is expreasly granted to an individual or group by the city manager. The city manager is hereby authorized to issue a permit for the killing or destroying of any birds and fur-bearing animals that become obnoxious or destructive. Appropriate signs ora permanent nature approved by the city council may be furnished, placed and maintained at the principal entrances to the city limits. (Code 1980/§ 5-1) Secs. 18-2-18.25. Reserved. ARTICLE II. LIWESTOCK Sec. 18-26. Def'mitions. The following words, terms and phrases, when used in this article, shall have the mean. ings ascribed to them in this section, except where the context clearly indicates a different meanin{r. Fowl means all types of chickens, ducks, turkeys or similar birds. Livestock means all animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals. Nondornesticated animal means any animal other than livestock, fowl or any dog, cat, bird or similar animal. (Code 1980, § 5-2(a)) Cross reference-Definitions and rules of construction generally, § 1-2. Sec. 18-27. Livestock, fowl and nondomesticated animals prohibited. Is} Prohibited. It shall be unlawful for any person to keep, maintain, pen or feed livestock, fowl or nondomesticated animals. (b) ~xemptions. The following exemptions are hereby made to this section: livestock, fowl or nondomesticated animals impounded pursuant to this section or any county, state or federal law and in the possession of the officer designated to have possession under any such law. (c) l~enalties. Any person violating any of the provisions of this section shall, upon con. viction thereof, be punished in accordance with the provisions of section 1-10 of the Code. (Code 1980, § 5-2) CD18:3 I '1 I I I I i I I I I I I I I I I I i SUBJECT: utility Director Areas Approved for Submittal city Manager City of Sebastian POST OFFICE BOX 780127 U SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 ) Agenda ) ) Dept. of Orlgi~: City Manager [RSM) ) ) Date Submitted 01/07/93 ) For Agenda Of: 01/13/93 ) ) Exhibits: MoClary Ltr. Dated 5/1/92 ) Re: Utillties Dire=tot Job Ad EXPENDITUI~E REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~ BTATEMENT I On 1992 we began a recruitment for the position of Utilities May 1, Director. By advertising in regional print media plus a mailing to all Registered Professional Engineers in the three county area of I Brevard, Indian River, and St. Lucie Counties, we received forty-one (41) applications. We were able to reduce the list to five finalists for interview. However, two of the finalists declined interviews. A i special committee composed of Dan Eckis, Mike Hudkins, and me interviewed the three finalists. Of the three finalists only one individual stood out as possessing the necessary skills and experience. Unfortunately, I was unable to negotiate successfully I with this applicant. He was agreeable to the salary range the city offered but would accept the job only if the City were willing to change the title to Deputy City Manager with a related scope of i authority over other department heads. Without an expanded scope of authority his minimum salary requirements were $55,200 per year. After many weeks of attempting to hire this individual, I finally abandoned negotiations. In the meantime, I contacted the City's I special consultant Gerald C. Hartman, PE, copy who transmitted a of a resume from the former Public Works Director of the City of Naples. In November, we interviewed this individual and subsequently made an I offer to him at the high end of the scale. In early December, he declined our offer citing personal reasons. I have also discussed the position with three other individuals including a licensed operator I who is not an engineer, a retired City Manager who is an engineer, and an individual who has an engineering background and a strong utilities background but who is not an engineer. The job requirements require I an engineer. ~7 Utilities Director January 7, 1993 Page ~2 ' I In May, the City will take over all retail operations for water and sewer within the City. While this will amount to billing only for those customers connected to the County system, we will be facing responsibilities in operating the Park Place system per the assignment of that contract from Indian River County. Additionally, we are continuing our negotiations with General Development Utilities for the acquisition of the Sebastian GDU System. In short, it is important to have a Utilities Director on staff at the earliest possible time. Given our experience in attempting to hire an engineer, as Utility Director, I am asking City Council to review the job requirements and salary requirements. In essence, I am requesting that the qualification requirements be reduced to eliminate the requirement of PE Registration within one year of appointment and that the salary range be established at $40,000 to $42,000 without PE Registration and $42,000 to $46,000 with PE Registration. I~CO~ND~D ACTION Review the qualifications and salary range for the position of I Utilities Director. City of Sebastian POST OFFICE BOX 7~127 o SEBAS~AN, FLORIDA 3~78 TE~PHONE (~7) ~9o5330 o FAX (40~ 58~5570 May 1, 1992 Dear Engineer: '. ~ . The City of Sebastian, Florida is seeking a Utilities.Director. Sebastian has approximately 10,000-12,007 residents. This is a newly created position to establish a municipal water, wastewater and storm water u~ility. I The starting salary is $42,000 to $44,000 plus benefits. Benefits include employer paid health insurance, vacation, pension plan and sick leave. By City policy, we do not pay for I interview or moving expenses, App%ican~s must have. a Bachelor's degree in Civil ~r Sanity.fy i Engineering, or ~ela~ed field and five (5).years experience. The successful candidate must acqu%re Florid& P.E. registration within twelve(12) months of appointment. ! Please send resume wi~h 5 work-related references by May 18, 1992 I Kathry~M. O'Halloran, City Clerk City of Sebastian P. O. Box 780127 Sebastian, FL 32978-0127 The city is an Equal Opportunity Employer.. We hearing from you. Sincerely, loo~ forward to Rober~ S. McClary.~ city Manager RSM/jmt "Exhibit A" Utilities Director , Maior Function: Th/s/s a responsible ad .m.i,Jstrat/ve, technical, ~d ~oe~o~ osifio · ' · ~uu u~ ~na r~m,, ....... ~ · . _ ~ bflm~lnvolve . . ~ ~u ~ r~r~ . . r- , · . ~- ~ ~mie ior pr~on of a dc ~men~ budget ~d momto~g approp~ie ~a~. P . Prof~o~ d~fi~ ~de ge~ ~on of ~e ~t~ l~omw~ t~ ~ ~o~ ~..,.~. _~ _ . ~r ~d ~ter ~te~, · ~- '~ ~q ~~ or ~ lot ro'~ ~w · _ ~ . . E, uj~ ~ r~~ ~ fl~on of work ~i . for ~e, pmmofi~ ~i~a.~ ~d a---'-- g ~em~?~ ~u~?n of ~dida~ ~rd~ ~rk-~,~ .... ~ ~:_~P~ ~ b~dge[ for dep~en~ a~fi~ ~.m~ ~ pro~ ~m omer ~ p~ ~d proj~ ~owledge. ~lls and Abilifi~: ~e ~e~r sboffid ~ a ~gh I~el of unden~nd~g of ~uipment ~d fa~i ' wa~er ~a ~t~ter ind~tw ~d ~- - ,[ ...... ~, .... fi~ m the me~ ~~-. _~__,2~ _ ~' ~ ~muu~ ~l~ge of modem t~ u . · . P ~mpment and ~ · d~y ~o~ ~ ~dud -~; . _~_ able ~o ~pply ~ ~owl~gc to ~ ~-~ bmiu~ ~d p~ pro~ ~d ~ ~ter ~d se~ge ~~t ~d of s~d me~o~ of ~e~ ~ · · pr~, ~ weU ~ ~owled-e ~;; .... ,,--~ .... ~ ~ m ;~fing ~d ~e~. me~ w~ ~~au~ ~.~ou ot ~uip~enL piping · . ~,omuuon oz appropriate ~e~ pre~u~om ~oug ~r~t~. ~e ~e~or m~ ~ ~pable of ~a~g dep~en~ o~ra~o~ work d~y ~ subor~t~ ~d $~ ~d ~r~te acti~ ~o op~ day-to-day work e~deuS~ ~d m~t~ ~ =mp{oy~ mosle. Training and ~eHen~: Bachelor degree in dvil or sanitation engineering with progressively responsible utility engineering and management experience. Must be P.E. or reasonable expectation of attaining P.E. w/thin 12 months of appointment_ R-91-27, August 28, 1991 ..~/L-~Approved by Resolution No. Addendum The training and experience requirements for Utilities director in other group III cities I range /rom a high school diploma with some college courses to a bachelor degree in e.n.~ineering and attainment of P.E. credentiah. Salaries of cou ......... -' .... ............. . , ,o~, ,my uccorcttng to mose .¥aus .anc~ levers ot experience. ~eOastian has indicted a desire to hire an en,,i,,*,,- o.,,~ ,-~-, im. er. ewre ...effect. a salary level at the higher end of the sal,,,-,, con,~ ...... ~-.---"-~'-~'-"--"J~ Of those ' ' · ,,..~ u. uuum. ~,zy ~uary ~I110y c~ties ~thin a population range of 1,000 of Sebastian proffers an indicated salary .r~_.ge of approxmmtely $31,400 to $41.800 annuall,, -r~,,., ........ : ,,_ ....... , . .. - wtu oe hard pressed to secure a P.E, w~th the requisite level of experience at less than the high average of the continuum, or $41,800. i I I I I I I I I Collateral staff':, During the investigative and design phase of the devel.op.m.ent of a util/ties department, the department would comist only of a director and an aounmstrative secretary. As the plant bedim to develop, collateral staff w/il be added as required. The following job positions are descriptive o£ those positions that may be required: Certified Plant Operator/Mechanic Env/ronmental Tedm/dan Maintenance Electrical Mechanic Water Plant Operator C. hief Well Mechan/cfrechnician Lift Station Attendant Maintenance Worker Wastewater Plan~'Operator Sprayfield Plant Operator Manager of Maintenance and Field Operations It/s anfic/pated that the finance department will provide administrative support concerning billing and collection, and payroll and accounting. These duties may require the addition of a billing and collection clerk (Account Clerk II). The advent of a new computer system in finance is likely to increase speed and efficiency in the department to minim the need for additional staff.. *The director of finance is currently 'reviewing appropriate computer systems and software to accommodate utility billing. Approved by Resolution No. R-91-27, August 28, 1991 City of Sebastian, Florida Job description. Public Utilities Director I City of Sebastian I POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 SUBJECT: PLANNING & ZONING COMMISSION RECOMMENDATION REGARDING ADMINISTRATION OF AN OATH. Approved For Submittal City Manager ~~--- Agenda Number: ~,~., ~ Dept. Origin: Community De. velopment (BC)~. Date Submitted: 01/07/93 For Agenda Of: 01/13/93 Exhibits: 1. Memo dated 12/8/92 from Planning & Zoning 2. Proposed resolution EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of December 3, 1992, the Planning & Zoning Commission recommended to the City Council to pass a resolution to require the administration of an oath to the applicants and witnesses who appear before the board when acting in a quasi-judicial capacity. This matter was prompted from a meeting with the City Attorney on November 5, 1992 regarding restrictions and methods for the commissioners to solicit evidence while sitting in a quasi-judicial capacity. RECOMMENDED ACTION Move to direct staff to draft a resolution for the Planning & Zoning Commission regarding administration of an oath. DATE; I Oty of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 December 06, 1992 TO: FROM: RE: Mayor and City Council Planning and Zoning Commission Oath Administration The Planning and Zoning Commission at their regular meeting on December 3rd, 1992 discussed a proposed resolution regarding administering ar. oath to the applicants and witness who appear before the board when acting in a quasijudicial capacity. The commission believes based on the City Attorney°s comments that this Resolution should be passed and become a part of their regular agenda and procedures. Your assistance in adopting this Resolution or directing the City Attorney to prepare a similar resolution is greatly appreciatecL oath_doc I I I I I From: Re: Date: Planning and Zoning Commission Howard Goldstein Procedural enhancement - Wimess oaths 2 December 1992 At the 5 November commission meeting our city attorney recommended rather draeoni~ an restrictions on the methods through which the commissioners, when sitting in a quasi- judicial capacity, may elicit evidence. These new restrictions will cause our board to place an even greater reliance on the testimony of applicants and other interested witnesses before us than in the past. Although we were advised that Florida law currently prohibits those speaking before public bodies such as the P&Z commission from being other than truthful, I believe that the administration of the oath would be a salutary addition to our powers and therefore propose the following resolution: PROPOSED RESOL~ON - OATH ADMINISTRATION WHEREAS, matters affecting the health and welfare of City of Sebastian residents are frequently decided before the Planning & Zoning Commission; and WHEREAS, the Commission is required to hear relevant evidence, much of it by way of oral testimony, regarding matters before it; and WHEREAS, the Commission desires to contemporaneously remind witnesses testifying before it of their obligation to submit truthful and complete testimony so as to facilitate the rendering of competent decisions; and WHEREAS, the Commission believes the administration of the oath will promote citi- zen confidence in the decision-making process, BE IT RESOLVED, that the Commission, through its duly elected Chairman (or de- signee which may include the Commission's Secretary,) shall administer the oath to all wit- nesses appearing before it on non-legislative matters; and BE IT RESOLVED, that in order to expedite Commission meetings, the oath may be administered "en masse" to all persons expecting to testify, at the commencement of the agenda. LET THE RESOLUTION be transmitted to the Council of the City of Sebastian and recommended for approval at its next meeting. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Adoption of Co-Participat-) ion Agreement with TRICO for Liability, Property and Casualty and Workers Comp. Insurance Approved For Submittal By: City ~anager ~ ~ ) ) ) ) ) ) ) ) ) ) ) Agenda No. Dept. Origin Finance {LWN) Date Submitted 1-06-g3 1-13-93 For Agenda of Exhibits: Reso R-93-01 Co-Participation Agreement with attachments, Memo from AFD dated 10-26-92, the Florida Municipal Risk Reporter dated 09-18-g2, Memo from Nash dated 9-28-92 and Memo from lorpy dated 12-12-92 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $295,000 BUDGETED: $349,450 REQUIRED: SUMMARY STATEMENT Sebastian City Council granted a waiver of the bidding procedure and authorized further negotiations with TRICO at a meeting held on September 23, 1992. Included with the back up material is the co-participation agreement with attachments, a memo from the Assistant Finance Director outlining the entire process and a copy of the September 1992 Florida Municipal Risk Reporter showing excerpts from the September 30, 1991 audited financial statements of several other insurance programs. The City's adopted fiscal '93 budget contains $133,650 for workers comp insurance and $215,800 for liability and property casualty insurance. In addition, the City Council needs to appoint a representative and an alternate to the TRICO Board of Directors by resolution which its also included. The TRICO self insurance group is financially stable and very solvent and the City of Sebastian is looking forward to working with them in the future. RECOMMENDED ACTION Move to adopt Resolution R-93-01 authorizing the Co-Participation Agreement for the purchase of general liability, property and casualty, and workers compensation insurance through TRICO for the amount of $295,000 for fiscal '93, and appointing the City's Assistant Finance Director and Finance Director as a member and alternate member, respectively, to the TRICO Board. RESOLUTION NO. R-93-1 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDa, AUTHORIZING MEMBERSHIP IN THE TRI-COUNTY RISK MANAGEMENT PROGRAM AND APPOINTING A REPRESF2~TATIVE AND ALTERNATE TO THE BOARD OF DIRECTORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVEP~%BILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, has previously voted %o become a Member of County the Tri Risk Management Program; and, WHEREAS, it is necessary for the City of Sebastian to enter into an Interlocal Agreement with members of the Tri County Risk Management Program; and it is fort he City of Sebastian to appoint WHEREAS, necessary a representative and an alternate to serve on the Board of Directors; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: SECTION 1. That the Mayor and City Council are herewith authorized to execute a Co-Participation Agreement for TRICO's Interlocal Agreement for membership in the Tri-County Risk Management Program. SECTION 2. That the City's Assistant Finance Director is hereby appointed to serve as the City's representative to the Board of Directors of the Tri-County Risk Management Program. ~. That the City's Finance Director is hereby appointed to serve as the City's alternative representative for the City in the absence of the representative. SECTION,~4. CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. ~. SEVERABILITY. In ~he event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~I_Q~__~. EFFECTIVE DATE. effect immediately upon its adoption. The foregoing Resolution Councilmember by Councilmember into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember George G. Reid Councilmember Peter R. Holyk This Resolution shall take was moved for adoption by The motion was seconded and, upon being put 2 I '1 I I I I I I I I I I I I I I I I I i I' I I I I i I I I I I I I I I I I I The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1992. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Ka~ynM. O'Halloran, CMC/AAE, City Clerk (S~AL) Approved as to Form and Content: Charles Ian Nash, City Attorney I i' I I I I I I I I i I I I I I i I I CO-P~RTICI..PATION.~GR~EMENT THIS AGREEMENT ma~e this 1st day of October, 1992, by the CITY OF SEBASTIAN, FLORIDA. WHEREAS, Florida Statutes Chapter 163 permits local governmental units to cooperate with each other~ and 1;HEREAB, on October 1, 1987, the Tri--County Risk Management Program (hereinafter referred to as TRICO) was formed by THE CITY OF STUART, THE CITY OF PORT ST. LUCIE, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS and MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, all local governments; and WHEREAS, on August 20, 1992, the Board of Directors of TRICO approved the admission of the CITY OF SEBASTIAN, a municipal corporation as a co-participant in TRICO; and WHEREAS, on January, 1993, the City Council of the CITY OF SEBASTIAN, FLORIDA, by Resolution No. (a copy of which is attached hereto and by reference made a part hereof) did accept membership in TRICO. NOW THEREFORE, the parties agree as follows: WITNESSETH; 1. The above recitals are hereby adopted as set forth herein. 2. The CITY OF SEBASTIAN, hereby agrees to be bound by and become a party to the Interlocal Agreement and the Bylaws, (copies are attached hereto and by reference made a part hereof) dated October 1, 1987, of THE CITY OF STUART, THE CITY OF PORT ST. LUCIE, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS and MARTIN COUNTY' BOARD OF COUNTY COMMISSIONERS, and further agrees to be bound by said Interlocal Agreement and ~he By-Laws (a .copy of which is attached hereto and by reference made a part hereof) of said Program. IN WiTNeSS WHEREOF, the par~ies have hereunto set their hands and seals this day of , 1992. CITY OF SEBASTIAN COMMISSION By: SEAL ATTEST: Mayor By: SEAL City Clerk APPROVED AS TO FORM AND CORRECTNESS: C~ty Attorney SEAL I '1 I I I I I I I I i I I i I I I I i i' TI~iCp POLIC¥!PR. OCEDURE~ POOL COVJ~'RA6ES I We will use exlstlng reinsurance policies to determine coverage provided I by the Risk Management Pool. This means that our property coverage will be in accordance with property reinsurance, that our Workers' ComPensation policy Will be in accordance with our V/orkers' Compensation I reinsurance end that our crime coverage Will be in accordance with our crime reinsurance aa respects the deductible part of the reinsurance policy, i.e., the portion which the pool Will pay. These amounts for the first, year are $50,000 property; $250,000 V~orkers' Compensation and $25,000 crime coverages. ii. :LIABILITY Llabtllty coverage Will generally track what was covered by our prior liability pollciee.. However, the contents of this memorandum will serve as the determining factor and will supersede any conflicts as far as liability coverages are concerned. LIABILITY LIMITS ARE $I00,000 PER CLAIMANT; $200,000 PER CLAIM OR OCCURRENCE. The maximum that the Tri County pool will pay for any one claim is limited to $100,000 per claimant and $200,000 per occurrence. This limit is specifically intended to track exactly with Chapter 768.28, Florida Statutes. It is also the intent of the members that no individual immunities are waivecL All defenses available to each member wi11 also be available to TRICO. It is also the intent of the members that TRICD's I liability coverage will track with Chapter 760.20, Florida Statute, as it now ts written; as It may be amended by. the legislature at future dates; and as it may be Inter~rsted by courts of competent jurisdiction. The Risk Management Program will adopt the following guidelines as respects liability coverage: a) Include employees acting within the scope of their employment. Page I of 5 TRICO POLICY/PROCEDURES b) Provide no Uninsured Motorist coverage. c) Provide Medical Pagmente, V/e will hove o maximum limit of $5,000 per person and $50,000 per occur?'ence. d) Provide certificates of insurance. Our certificates will say that we ore self insured and cite the appropriate Florida Statute. I '1 I I i e) We prefer not to add ndditiunol lesureds except other governments With sovereign immunit~ We will not roodlly name others os oddltlonel I insurads because we are unable to give anyone statutory Immunity. f) Include the law firms of 611bert and 'Orr;, Rtcheson and Drown; end I Warner, Fox end Seeley with respect to professional liability only end. only for claims incurred by these firms which are the direct result of I work performed by a lawyer acting as the City Attorney expressly for the City of Port SL Lucia or the .City of Stuart_ The Risk Hanagement Program will only afford protection in excess over any valid and I collectible professional liability coverage which the firm may have; and this protection will only apply to claims made during the period when TRICO is providing coverage. TRICO coverage will be provided as set forth in the National Union policy attached. IIi. ~ I I A. Airport Liability I B. Aircraft Liability or Physical Damage I C. Hospital/Clinic Malpractice I D. Boiler & Machlnenj (to be separately purchased) if desired. I E. War Risk and Nuclear. Damage F. Seepage, Absolute Pollution and Contamination ~ 6. Fidelity Required by Law, ordinance or charter. I H. Watercraft Liability for Boats over 40 Feet. I Page 2 of 5 I TRICO POLICY/PROCEDURES The first $1,000 of any loss to property owned bg or leased to the Member. Inverse Condemnation I lC Under'insured Motorlst i 'L Eligible property such as, but not 1tmited to roads, Mring/conduJts (above or below ground level), seawolls, bridges, traffic control equipment etc. not declared/scheduled. I I"L Asbestos I N. No coverage will be available for claims arising out of Pollution, Aids, Sexual Misconduct or Molestation, Medical I MalprecUce (except incidental), Discrimination or any exposure covered by an insurance policy or product (including but not i limited to Pools, Risk Retention Groups, etc.) IV. EXCLUSIONS AMPLIFIED~ iOur Liability Program will exctude the following areas: I - Sexu.a.i Misconduct [~t:lusfon i Sexual or physical abuse or molestsUon of any person by the Member, any employee of the Member or any volunteer worker does not constitute injury within the terms of this RMP and as such any claim arising, directly or I indirectly, from the aforementioned is excluded. I Absolute Asbestos Exclusion Bodily Injury or Personal Injury or loss of, damage to or loss of use of I property directly or indirectly caused by asbestos. This exclusion also applies to the cost of cleanup or removal. This Exclusion applles i regardless of when the event(s) occurred or when discovered. Page :3 of 5 TRICD POLICY/PROCEDURES '1 Soeoo_oa or Pollution or Contamination Exclusion I The RtlP does not protect against Bodily Injury or Property Damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants, whether direct or indirect, occurring anywhere or at any time. Authorities Exclusion i i I This RPIP does not cover expenses, fines, penalties or costs incurred or sustained by the I'lember or imposed on the Plember at the order of any 6overnment Agency, Com't or other Authority, In connection with any kind or description of environmental impairment including seepage or pollution or contamination from any cause. Inverse Coad,~paatioa Exclusion This Rf4P does not cover claims for 1ass or damage or any llabillty of any ! and/or all,the Members arising out of or in any way connected with the · operation of the principles of eminent domain and/or condemnation by whatever name called regardless of whether such claims are made directly against the flember or by virtue of any agreement entered into by or on behalf of the Hember. i"lalPrectfce Exclusion I I i Service (E~IS) and clinics owned by a city or county and used to provide medical services to inmates and/or employees. Dls~ .r. imiaatfon Exclusion The RMP will provide only defense coveraQ_es where discrimination is alleged, including but not limited to proceedings before the Florida Commission on Human Relations. The intent is to also include all ~__,a,11egetions arising out of employment/personnel actions. Defense will Page 4 of 5 I I I i I It is hereby understood and agreed that the RPIP will not apply to liability arising out of Hospital/Clinic Plalpractice. The RHP will cover incidental I malpractice and that term specifically includes Emergency fqedlcal I I' I I i i i I I I I I I i I i I I I TRICO POLICY/PROCEDURES apply to county, state and federal cou~ts and will Include all associated defense and court, costs. Any awards issued by county, state or federal courts Will not be coverad by the RHP. AddfUonaliy, the pool wi11 not cover attorney fees or expenses involved in administrative hearings under CIvil Service or the Administrative Procedures Act. End. End 5 Page 5 of S I i' I I I I I I I i I I I I I I i I i TRICO INTERLOCAL AGREEMENT FINAL FILED COPY 798509 1015236 ; N T E iR L 0 C A L A G R__E_E_ME_N T_ .~.-17-87). Tri Count§ Insurance Council Risk Mona_oement Program WHEREAS, Chapter 163, Florida Statutes permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other local entities on the basis of mutual advantage; and WHEREAS, the several local governments as set forth herein desire to cooperate to effect an. lnterlocal Agreement providing. Intergovernmental Programs (to include Risk Management); and ' WHEREAS, the following governmental corporations: Boards of County Commissioners of Martin and St. Lucia Counties; Cities of Stuart, and Port St. Lucia (hereinafter referred to as Members - the term Board(s) as used herein will refer to the governing body of each Member .organization); desire to form the TM County Insurance Council Risk Management Program (hereinafter referred to-as TCICRMP); and WHEREAS, the Members desire to join together in cooperative effort to develop, implement and participate in coordinated management programs to make the most efficient use of their expenditures and to provide the necessary services to self insure as authorized by various Florida statutes; and WHEREAS, the Members desire to exercise their privileges under Section 440.38 (6), Florida Statutes, and exercise jointly their powers on the basis of mutual advantage, to provide the services and facilitie~ in exercising their privileges under the said provision of the Florida Workers' Compensation Act; and WHEREAS, the Members may desire to provide for Life, Accident, HosI~italization, Legal Expense, or Annuity Insurance, or -1- oo 870 131 Interlocal Agreement -2- Iany kinds of such insurance for the officers and employees of the Members .- and their dependents through a self insurance plan as authorized under i Chapter 112.08, Florida Statutes and WHER£AS, the Members desire to pool their purchasing power to i · obtain optimum protect, ion against loss of or damage to property owned by i or under the control of each Member or group of Member~. NOW, THER£FOR£, the parties to this Agreement agree to jointly i -exercise the powers required of them pursuant to this as Agreement, follows: i 1. All Boards which are parties to this Agreement shall be Members i of and Participants in the TM County Insurance Council Risk Management Program, the purpose of which is to develop, implement and administer a i Risk (RMP). TCICRMP is authorized to cooperative Management Program develop Risk Management Programs for various areas of coverage as I prescribed by Law. Each Member that signs this agreement may I participate in as many of these Risk Management Programs as the Member determines is in its best interest. I 2. in TCICRMP shall be on an annual basis and continue Membership until terminated. Participating Members may provide a ninety (90) day I written notice of intent to withdraw from any of the programs and i subsequenUy.withdraw on the anniYe, rsary date only of that particular program. Members may withdraw from TCICRMP by providing I Members with ninety.(90) days written notice of their intent-to Otherwise, membership will continue from year to year. I 3. TCICRMP may be terminated by the agreement mutual of the Members of TC, ICRMP, subject to the fulfillment of a I contractual obligations. Any surplus funds or other assets °" 670 1:32 I !~oo1~ interlocal Agreement -3- ' I 'l returned to the Members in proportion to the contributions made by the I Members. 4. No signatory to this Agreement may terminate its participation in ~ I any program without first providing ninety (90) days written notice to the other Members, and to the Ri.sk Manager of the program, of its intention to I terminate participation. Upon termination, as set forth above, the Member. terminating membership in a program will not. be relieved of its obligation I to complete all payments due for the full annual pedod ending the fiscal I year of termination. No Member terminating participation in this program will be eligible for any return of contribution that may be due after their i termination date. 5. TCICRMP will be gaveled by a Board of Directors (hereinafter I Directors). Each participating Member will select one representative and I one alternate to the Board of Directors. The representative to the Board of Directors will be a Commissioner/Councilman, Manager/Administrator or I one of the higher ranking full-time employees of the Member. Each Member shall have one vote. TCICRMP's Directors shall formulate policies and I procedures and shall provide overall supe~ision of the administration of the Risk Management Program. The Directors shall establish By-Laws I consistent with the Risk Management Program, which By-Laws and any I policies and procedures emanating thereunder shall not be in conflict with ordinances or Charters of the Member, nor be in conflict with Floddo I statutes. By-Laws shall determine how additional Members participate in the TCICRMP, how participating Members may be I from the TCICRMP, what, if any, additional professional service! I employed by the Directors, including accountants, actuaries, ~ etc. The Directors shall obtain tl~e services of a Risk Manager. T~. I I Interlocal Agreement Manager for the TClCRMP shall be responsible to recommend policies and procedures to the Directors concerning type, source, amount of insurance coverage, self-insurance coverage and techniques to minimize or manage risks of the Members. No recommendations of policies, however, can require the payment.of fees or additional costs beyond the annual assessment (paragraph 9 below) to a Member. without the consent of said Member. Two-thirds (2/3) of the Directors must be present to have a quorum; and the Directors will operate on a 'majority rule' basis. 6. The Risk Management Program shall provide, but not be limited re: A. Risk management services to include general administration of i risk management activities, consultant services, staff assistance, inspections and investigations as appropdate, reporting and data analysis. i B. Protection against any legislative, administrative or judicial action, transaction, claim or occurrence arising against the Boards, Board members, or any officer, employee, or agent of the Members for torts (including acts or omissions) aMsing out of their appointment, employment or function. The Risk Management Program shall be obligated to protect each Member in accordance with the terms of the insurance contract or the reinsurance contract as obtained on behalf of the Members. it:. Protection against liability arising under the provisions of the Florida Workers' Compensation Act (Chapter 440, Florida Statutes). D. Protection against loss or damage to property owned or by a Member or Members of TCICRMP. £. Claims services by contract through a claims that may include but not be limited to investigating and resolvii both casualty'and property, loss prevention services, collec' analyzing experience data, and distributing periodic reports of claims' Interlocal Agreement -5- ! activities. The claims Service Company shall be fully authorized in the ~ i State of Florida to serve self-insurer~ for Workers' Compensation under the provisions of Rule $8F-5.040, Florida Administrative Claims through a Third Party Administrator that may services by contract CI'PA) include but not be limited to investigating and resolving claims, collecting I and analyzing experience data, distributing periodic reports of claims activities, obtaining actuarial services as required 'by law, and other I services as required by the Directors. The Administrator CI'PA) will be I fully authorized in the-State of Florida-as an administrator for self insurance group programs as provided by Chapter 112_08, Florida Statutes. i Services outlined herein may be performed in whole or in part by staff hired by Ti~ICRMP. (Staff is defined as employees of TCICRMP as opposed to i employees of Members or contract agencies.) I F. Evaluation of results achieved through quarterly summarization .-- reports to the Directors and annual analysis reports to the respective i Members. These reports will be prepared by the Risk Manager working cooperatively with the Fiscal Agent and Administrator(TPA) and/or I Service Company. I 7. A Fiscal Agent shall be selected by the Directors. The Fiscal Agent shall receive, disburse and administer ali monies due to, or payable i from, the Risk Management Program in accordance with Chapter 163.01, Florida Statutes and the policies and procedures adopted by the Board of I Directors. Administrative functions shall include contracting for goods and services required by TCICRMP, purchasing, paying of retained Io,~ I collecting of fees and performing other matter~ specifically relat, ~ i Risk Management Program. The Fiscal Agent shall be expenses incurred for the Risk Management Program on a pure cos I i35 i I i i I Ir~terlocal Agreement -6- 8. An appropriate staff may be employed to administer the Risk Management Program in accordance with Section 165.01 (7) (a), (b) and (c) and the policies and procedures adopted by the Directors. The A~lministrative Office for the Risk Management Program shall ..be determined by the Directors. 9. The annual cost of each Risk Management Program shall be prorated among the Members of TCICRMP according to the procedures adopted by the Directors~ Each Member of TCICRMP will be obligated for annual assessments for each Risk Management Program in' which that Member participates. Annual assessments shall be fixed and not subject to change during the fiscal year. Members shall remit their share of the annual costs to the Fiscal Agent according to the payment schedule developed by the Fiscal Agent to meet the financial obligations of TClCRMP. 10. The Implementation Date for coverage under the Risk Management Program shall be October I, 1987. Members desiring to participate in other future programs will provide TglgRMP.with a letter of commitment in a format acceptable to the Directors. 11. All payments are due and payable when received, and any failure to remit payment within thirty (30) days of the due date shall result in an additional cost equal to one (1) percent per month for each month payment is not made as required herein. - 12. Upon the recommendation of the Risk Manager all purchases of insurance and investments of premiums shall be Directors by majority vote. In the eYent that the Directors ar, reach a decision because of a tie vote, then the 6'70 136 Interlocal Agreement -7- Risk Manager shall be entitled to cast a vote to break any deadlock among the Directors. 13. The Directors shell determine all matters governing its meetings and procedures, shall organize itself, elect a chairman, vice chairman and determine places, times and dotes of meetings (all of which shall be in the Sunshine of public view), and determine all other such matters by majority vote. 14. The TCICRMP shall operate on o fiscal year os determined by the Directors. The Risk Manager shall file an annual accounting with each participating Member within sixty (60) days after the end of each fiscal year setting forth all income and liabilities of TCICRMP and detailing all its income and expenses for the previous fiscal year. Concurrent with its accounting, the Risk Manager shall recommend to the Directors whether or not any surplus funds should be returned to the parl. icipating Members, on what dates and in what amounts. Each progr, am of TCICRMP shall have a CPA audit of the program each year. 15. In the event of any violation of the terms of this Agreement or of the By-Laws, rules, regulations, policies or procedures adopted by the TCICRMP, Directors may seek to enforce this Agreement or collect any sums due it, and all costs of collection and all costs of enforcement of the terms of this Agreement, By-Laws,. policies, procedures, rules and regulations shall be paid by the violating party, including attorney'~ and court costs. 16. it is the specific intent and agreement among the any immunities and privileges granted to them as local gl corporations will inure to the benefit of TCICRMP (e.g., Chapte~ BOOK I '1 I I I I I i I I I I i I I I I I I I I' I Interlocal Agreement -8- IN WITNESS WHEREOF, the undersigned local governments, as" ~ I authorized by their Boards, have signed this Agreement and had their ~ corporate seals affixed to this Agreement in original copies. i This Agreement shall be governed by and construed, implemented and enforced in accordanc, e with the Laws of the State of Florida. By-Laws shall be established by the Board of Directors and incorporated by reference into this Agreement_ All amendments shall be in writing and must be approved by all of the parties. " This Agreement is made and entered into on this the first day of October, 1987, as attested by the signatures affixed hereto. This Interlocal Agreement and subsequent amendments thereto shall be filed with the clerk of the circuit, court of each county where a party to Board of County Commissioners ~loMda BY: . '-' ~ Thomas G. Kenny, III Chairman Approved as to Form ~rTectness · Noreen S. Dreyer gounty Attorney °" 870 138 BOOK the agreement is located. · ' . I lnterlilal Agreement -9- '" ' I A~,t,e.s_.],~ Board of County Commissione.~s',.,7.~.:,..I:.',' ).. ',: i ,:~,-.i,~:,..,~. :~ St. Lucie gount§, Florida ...,-p ,~: ,:., '. :z.::),: -. .. S. .. ..... ,~.,:,,,. . ~....,-,.-~:~ · . /7, .~..,~ _ ,:"--";,,A." ~ :~'~-?~','i. ~ .. '"' ,....~..'~.~~~'~ ~ ,~. ~ ...... -.-:~-.-~,,:-.-,..-......~: .. I '~" '~ ..... :'" "?~' Approved as to Form ,~' /~~~ i I County ~ttom"~ "" ' -~. ..... ~'~, · ~ . Mayor . .~' '~ ~ ~e~~ .~;. ~ ,' , .... .... ... - ~...-.- . ...... .'~-' 0 ..-... ,,. , . ,,,., ,~ .... r - i .-'~ ... '_. . -~..~:~-'~ .:~. ' ~" '~ "" ~ '~'~:" ~ ' ' - ~' ~- ~ I ~ ~". Attest:- .. ~ ~,::;..~.) ~:.~x .r,~ .... ~:. -~~:.-,.~- ' ......................... ~ I ' ? ~"~,.~'~ ~ ~- ~'"'"'- ~~ ~ , . .~ Thomas Warner o', 6:70 ,~ 139 c~t~ ^~o~.~ 5001~ City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 TO: FROM: THROUGH: DATE: SUBJECT: Mayor and City Council - City of Sebastian Larry W. Napier, Assistant Finance Director~~ Robert S. McClary, city Manager October 26, 1992 LIABILITY, PROPERTY, CASUALTY AND WORKERS COMPENSATION INSURANCE Four proposals were reviewed for the liability, casualty and property, and worker's compensation insurance coverage for the City of Sebastian for fiscal year 1993. The Tri County-Risk Management Program - TRICO provides broad all risk coverage for all property owned by the City. The coverage is for replacement costs for buildings and content and equipment except for licensed vehicles which are covered at actual cash value with a $1,000 deductible. Liability coverages are quite broad and include commercial general and automobile liability coverage including all vehicles and employees when performing their official duties, crime coverage and workers compensation coverage in accordance with Florida Statutes is also included. TRICO provides property coverage far in excess of what the City would need with a total limit in excess of $229,000,000. In addition there is $1,000,000 coverage for computer fraud and for public employee dishonesty on a per loss basis and $125,000 of coverage for forgery, alteration, theft, disappearance or destruction. Liability coverages are limited to $100,000 per claimant and $200,000 per occurrence as set forth in Florida Statutes 768.28 on the waiver of Governmental Immunity. Additionally flood coverage is provided with an excess of $40,000,000 and TRICO provides a policy covering public safety employees for accidental death as required by Florida Statutes 112. Page 2 The TRICO Board of Directors controls the program and as a member the City will have a membership on the Board with a vote equal to that of each of the other four members. TRICO has their financial statement audited by Proctor Crook and Company of Stuart annually and they are prepared in full'compliance with GASB 10 requirements and they indicate a current cash on hand in excess of $5,000,000. TRICO is financially stable and very solvent. The City attorney has reviewed the TRICO By-Laws, the Policy and Procedures, and the Interlocal Agreement dated October 1, 1987 and has no negative comments on any of them. In addition the Interlocal Agreement, By-Laws and Policy and Procedures as well in the audited financial statement were reviewed by the City Auditors Hoyman, Dobson, and Company with no negative comment. The Gallagher Basset proposals include a loss fund to be funded with City dollars from which all claims and deductibles, including a $25,000 deductible on workers compensation for each loss, are to be paid. Wi~h the Gallagher London program the City would pay $185,548 in fixed costs for the year in addition to funding a loss fund for $175,000 giving a maximum cost for the year of $360,548. Gallagher also proposed an alternate plan in conjunction with CIGNA insurance company and a Governmental Risk Insurance Trust (GRIT) for workers compensation. The fixed costs would be $100,736 with a loss fund of $75,000 and a workers compensation premium of $128,283 for an annual maximum cost of $304,109. Flood insurance is not .included under either Gallagher proposal. Florida League of Cities offered renewal of our existing coverage for $343,688 for which property and casualty and liability would cost $177,563 and workers compensation would cost $166,125. For fiscal 1992 with FLC the City paid approximately $295,000 premium. The final proposal was from Schlitt Services in conjunction with PENCO for property and casualty and liability and GRIT covering workers compensation. The premium from PENCo would have been $139,565 in fixed costs and $153,255 for workers compensation for an annual premium of $292,820. With all the proposals but TRICO every dollar the City paid in premiums would be placed in the accounts of insurance companies but with TRICO self insurance the excess of payment builds equity in the fund to which the City shares in proportionally with the other four members. I I I i I i I I' I I i i i I I I I I I I I I I I I Page 3 McCreary Corporation is the plan administrator for TRICO and they have been our third party administrator for Health Insurance for just over a year now. The health insurance fund ended fiscal year 1992 with just over $90,000 surplus funds. That is to say the $90,000 stayed out of the accounts of insurance companies and service providers and in control of the City of Sebastian which allowed the City to begin it second year with the health insurance and no increase in the premiums to our employees. After reviewing all the proposals and some extensive due diligence by the Finance Department staff the recommendation to have self insurance with TRICO is in the best interest of the City of Sebastian. RISK REPORTER i$ I I I I I i I i I I i I i I I I I Let's Cie. at The,aAr! Every ~. just bef~r~ October 1st ~ ~c ~ ~ ~ ~ q~ ~d Members Equf~, ' Floelda Municipal Fnnds lnsumncg Trust Health Tm~ Fund (Property ar LabiUt~) $113,872,000 $ 7,225,000 .. $i15,101,000 $ 7,717,000 $ 1J)$2,000 $ ....... 3,320,000 155,000 51323,000 $ 5295,000 "Total Linbilitie~ Members Equity $ 1,'/20,C~6 $ -0- '' $ -0- 4~7,833 36,157 -0- 2,492,893 3,962~07 670,633 $ 75359 $ 9,732 $ 202,907 Copies of their financial audits are available from the ilsted funds or from the League Public Risk Servicet Office. These figu~s clea~ly represent the League programs mammm sufficient assets and member equity to withstand any reasonable aflvet~e claims experience. Each of the other programs utilize an "asse. ssmeat*' provision that would require all participants to share in conecfing all financial shortfalls. Wc believe this is an inappropriate requirement for municipal govcrnmenL~ because it creates an unstable and unpredictable premium. This featm~ is not in any Leasue.sponsored coverages. Any unanticipated increascin administrative, reinsurance or ciaitns expenses could put the programs in a deficit Posmon.~necess~talmg an asses.nm en t, even if your entity ha~ not directly con tributed to the deficit. Misrepre~entnfion: 'j?.OU ?.an b. ave the League of Fact: This observation may be tue. d to convince yon to leave the ~Programs and apply any renewal credits you may be eligible mr w another insurance provide, r. Like most n~ur. pt~nt, tions, Ibis commen! is not entirely ~u;cum~. The League Pm~nmu have tn'st mv.~ves $5 mflllon worth of ra~ ~ for membet-s who' ug 989/~0 Pto~nu~ Y~rs, _T~ s~cond incmive appuen to ~n~Mng pu~ic~pution.... :./ ' o Mlsrepr~tnfiom + ~ · pm~ram ~ for ihe 199'2/93 Y~a~ ate: F~ct: 1991, No~ H - C. ommim~nu and Conting~i~s: "Tbe Trust is not t~luimi m maintain a specific smplus l~vel in poti~ies. In tbe ewnt ~hat thc Trust is anabl¢ to pey b. obligntiom, According!y, Ibc Tmsw.~ may aas~ members unit mc l~ms of tbe polici~ re, in me event of liquldafion the me~nbe~ of ~ Trust Misrepre~eMaflon: ~fhe L~alu~ prolram~ haw i~rior This stMr. me. nt may 1~ use. d to convince you that yoo can get mor~ enveragc from another provider. Thc comp~ of mn min'ei~.~ent th~ Losguc Programs by presca"ibing coverages that am ~ ct ~. mptiate for the Oty, andra~ly provide full I ~ - .C--*~mple, x 11~.~ ccndiLicms ~ ¢leuse,~. Anew ~ ~mixm~en put out by tt~lv.s~lativ~ of Ibe $oothw~t the inacclmw, ios ~d mim~l~.s~ntations of sm~h ~oml~risons For not excb~ _,,,]ea__mc ~.eague poucy ~ gx ~m~on, ' w~ m ~ it ~ ,~~mfi~qu~~. ~) ~ ~ ~ ~ (~pm) h a ~m (4) ~ ~~7 ~(45~)m~~.~ ~~~ (~~)~ ~ (~mm)~~ I ~ aw (L~ ~ ~)~ 02) ~ ~ ~ ~~ ~? Changes In Ctnlms Proeedures For Property And T.inhlltty Clnlms Only F..ffe~ive Oemb~- 1, 1991, lt~ l~lcs~ln L~ague of Cities will instinn~ a n~v c2aims ~ for metnbm of the ~ m asmt in ,~- contdina~m of claims r~flf~d On cr ~ (h~ob~ L 1992. a~ requ~l Io b~ r~om~d {y by ~ io the Ciaims C. enu~. The China Cenm'will adv~e you by mail of Ih~roenipt AsofOcmbcr 1,1~2, ti~ foflowin~addm~ phoncnumbcrand facsimile nmube~ may be used for Ihe reporting of claims: Claims Center P. O. Box 530065 'Orlando, ~ 32S53,.0065 $uncom: ~A-6767 Dt~ ~: 1-407-425-9142 Toll F~ I.,in~: 1-800-445-6~48 Faa, italic Numbs-:. 1-407..42~-9378 If you have any que..~d~$ t~arding this n~w I:n~:~lum, ple. a,~ fa~l ~ m conmt Jon Morti~on or Roger Hagood at ~h~ Claims Cenu~. I I I I I I I I PAGE 2 I I I I i I I I I I I I I I I I I I VZNCz~r G. TO~~. J~ J. PAT~OK ~~ON L~u~ L. A~D~SO~ OF COUNSEL ~r~s~. l~As~ dz Tom~. r~ Ag~OI~Jq]~YS AT LAW September 28, 1992 930 S. H.A~OR Cr~ B~v~. Sun'~ 505 M.l~ou~r~:. I~LO~DA 32901 (407) ~.~3~ F~ (407) 951-3741 Larry W. Napier, Assistant Finance Director city of Sebastian P.O. Box 750127 Sebastian, FL 32978-0127 Proposal for the Trico Self-Insurance Program Our File No. 92-87.70 Agenda Item No. 92.260 Dear Larry: i have reviewed the following documents you had provided to me: Tri County Risk Management Program Bylaws as of 3-10- 88; 2. Trico Policy/Procedures (5-88); and 3. Trico Interlocal Agreement dated October 1, 1987. I have no negative comments after reviewing the aforereferenced documents. I look forward to receiving the proposed agreements to which the City of Sebastian will be a party so that I may review those specific documents and provide you with input and suggestions. Very truly yours, FRESE/FALLACE, NASH & TORPY, Char~le~"I~~ Nash City Attorney P.a. CIN/niz cc: Robert S. McClary, City Manager I~RESE, NASH (l~ TORPY. A'/'TO PLI~E¥ S AT 930 S. HA~so~ O~?v BLVD, Sm?g 505 IV~L~OUa_~E. i~LO~DA 32901 (40T) 0~.3300 December 10, 1992 Mr. Michael Hudkins Finance Director City of Sebastian P.O. Box 780127 Sebastian, FL 32978 Re: Tri-County Resolution our File No. 92-8770 Dear Mike: Enclosed please find a Resolution and Cc-Participation Agreement for the Tri-County Risk Management Program. As I explained to you, I have not reviewed the Inter-Local Agreement and By-Laws of the Tri-County Risk Management Program. Although, in my review of the file, it appears that Mr. Nash has already reviewed these documents. Due to the fact that I have not seen the Inter-Local Agreement and By-Laws, I have not attached them to the Co-Participation Agreement as is indicated on the face of the Agreement. Therefore, you will need to attach these documents to the agreement before it is conveyed to Council for their review. If you have any questions on the Agreement which I prepared, or the Resolution, please let me know. Sincerely, FRESE, NASH & TORPY, P.A. /~Richard E. Torpy RET/lbg Enclosure I '1 I I I I I i I I I I I I I I I I I City of Sebastian I POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: PROPOSAL TO PLACE TV MONITORS IN THE CITY COUNCIL CHAMBERS Approved For Submittal By: City Manager ~~--"'"' Agenda Number: Dept. Origin: Community Development (BC~ Date Submitted: 01/07/93 For Agenda Of: 01/13/93 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of November 5, 1992, the Planning & Zoning Commission was advised by the city Attorney not to visit any sites that may be before the Planning & Zoning Commission for specific actions while sitting as a quasi-judicial body. Basically, board members will not be able to visit any of the sites for site plan review, preliminary subdivisions, planned unit developments, home occupational licenses and conditional use permits. In order for the Planning & Zoning Commission to be properly informed of the site prior to making any decisions that may impact the general area, staff will be taking videos of the subject area for review at the time of the meeting. In order for the commission, applicant and the audience to adequately view the video, staff would recommend TV monitors to be strategically located in the City Council Chambers. As you are aware, the Community Development Department recently purchased the budgeted video camcorder primarily for Code Enforcement proceedings. Now that it is apparent that the video camcorder will be used widely for all boards and City Council to review particular sites at a public hearing, I would recommend that the City Council authorize the purchase of the TV monitors to provide adequate viewing for all persons involved. Page 2 Staff would also recommend that a VCR be purchased and tied.into the system which would allow interested parties to give presentations. Although these items have not been specifically budgeted, there are sufficient funds to be appropriated under the public building improvements (City Hall renovations) fund. Staff would estimate that these improvements would cost approximately $1,500.00. RECOMMENDED ACTION Review the request from staff. '1 I I I I I I I I I I I I I I I I