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Home My WebLink About02091994 City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ri FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNF_~DAY, FEBRUARY 9, 1994- 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. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Rev. Henk Toussaint - St. Sebastian Catholic Church ROLL CALL AGENDA MODIFICATIONS ~ADDITIO~ ~ DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS .AND/OR ANNOUNCEMENTS 94. 023 PGS 1-8 93.186 PGS 9-22 7. PUBLIC HEARING. ~ ACT,~ON 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 Rote: Anyone wishing to speak is asked to go to the podium and state his/her name and address ~or the record prior to addressing the Council. RESOLUTION NO. R-94-07 - Sebastian Lakes Utility Agreement - Chapter 180 Hearing (Utilities Director Transmittal dated 2/3/94, R-94-07, Agreement and Hartman Briefing Document Previously Distributed) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED IN SECTION 180.301, FLORIDA STATUTES; APPROVING THE WATER AND WASTEWATER SERVICE AND CONTRIBUTION AGREEMENT WiTH SEBASTIAN LAKES UTILITY COMPANY AND SEBASTIAN LAKES ASSOCIATES (THE "AGREEMENT") TO PROVIDE WATER AND SEWER UTILITY SERVICE TO SEBASTIAN LAKES, A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. O-93-16 - Code Enforcement Board (Director of Community Development Transmittal dated 2/2/94, O-93-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/12/94, Advertised 1/26/94, PH and Adoption 2/9/94) 93.260 PGS 2 $-28 94.028/ 93.209 PGS 29-42 94.047/ 93.336 PGS 43-51 PGS 53-99 0_~ NO. 0-93-22 - Special Use Permit Procedures (Director of Community Development Transmittal dated 2/2/94, 0-93-22) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, ARTICLE II, SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO SPECIAL USE PERMITS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/12/94, Advertised 1/26/94, PH and Adoption 2/9~94) ORDINANCE NO. O-94-01 - Cable Regulation (Finance Department Transmittal dated 2/3/94, 0-94-01, FCC Form 328) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CABLE TELEVISION REGULATION; CREATING CHAPTER 105 OF THE CODE OF ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ((1st Reading 1/26/94, Advertised 1/28/94, PH and Adoption 2/9/94) ITEM CARRIED FORWARD FROM ~ WORKSHOP Discuss Scrub Jay Issue (Director of Community Development Transmittal dated 1/27/94, Fish & Wildlife Application, Draft Letter, F & W Letter dated 12/22/93) 9. CONSENT AGENDA 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. Approval of Minutes - 1/26/94 Regular Meeting, 1/27/94 Special Meeting, 1/29/94 Special Meeting, 2/2/94 Special Meeting, 2/2/94 Workshop 3 94.048/ 93.187 PGS 101-113 94.049 PGS 115-120 94. 045 PGS 121-123 94.050 P~S 125-129 BE.SOLUTiON NO. R-94-$~ - Drug-Free Workplace Policy (Personnel Director Transmittal dated 1/24/94, R-94-11, Policy, Acting City Manager Memo dated 2/4/94) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A POLICY ON A DRUG FREE WORKPLACE; PROVIDING FOR INCLUSION OF SUCH POLICY IN THE CITY OF SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTIQN NO. ~ - Vacation of Easemen~ (City Clerk Transmittal dated 2/3/94, R-94-12, City Engineer Memo dated 1/20/94, Application, Drawing) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH FIVE FEET OF LOT 1 AND THE SOUTH FIVE FEET OF LOT 2, PUBLIC UTILITY AND DRAINAGE EASEMENT OF BLOCK 107, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-14 - Support Extension of Channel from Sebastian Inlet to Intracoastal Waterway (City Clerk Transmittal dated 2/3/94, R-94-14) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE SEBASTIAN INLET TAX DISTRICT TO EXTEND THE CHANNEL FROM THE SEBASTIAN iNLET TO THE ATLANTIC INTRACOASTAL WATERWAY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Councilmember Corum Request for Travel - National Arbor Day Foundation - "Building with Trees" Workshop - February 14, 1994 - Gainesville (city Clerk Transmittal dated 2/3/94, Brochure) 4 94.051 F. PGS 131-132 94. 015 G. PGS~ 133-135 // / / 94 · 052 H. PGS 137-142 94.053 I. PGS 143-151 94.o54/ 93.034/ 92.235 PGS 153-158 94.055 PGS 159-160 94.056 PGS 161-163 10. 11. 12. Bid Award - City Vegetation Trash Hauling and Disposal - L.I. Tree Service - $3.49 Cubic Yard (City Engineer Transmittal dated 2/3/94, Bid Tabulation) Engage Hoyman, Dobson & Co. to Conduct Independent Internal Control Study of Golf Course Operations During Course of City Audit ' Not to Exceed $5,000.00 (Finance Director Transmittal dated 2/3/94, Finance Director Memo dated 1/6/94) Waiver of Bid - Approve Purchase of Two New fTRON Meter Reading Units - Utilities Department - $3,990.00 (Utilities Director Transmittal dated 2/2/94, Keller Memo dated 2/2/94, Asher Letter dated 2/1/94, Utilities Director Memo dated 11/18/93) Waiver of Bid - Purchase SCT Service Order Subsystem w/ Training and Annual Service - $3,534.00 Total - Utilities Department (Utilities Director Transmittal dated 2/2/94, SCT Letter dated 1/20/94, Service Orders Printouts) Morchesky Request One Year Extension on Sandmining Special Use Permit - Subject to Receipt of Performance Bond (Director of Community Development Transmittal dated 2/3/94, Application, Mosby Letter dated 1/20/94, Performance Bond) Approve March of Dimes Walk America Event - Riverview Park - 4/23/94 - 7:00 am to 1 pm - With Certain Conditions (Director of Community Development Transmittal dated 2/3/94) American Cancer Society - Chili/Chowder Cook-Off - Community Center - 2/26/94 - 5 pm to 11 pm - A/B - Waiver of Rental Fee - Barbara McManus Permittee DOB 7/10/33 (City Clerk Transmittal dated 2/2/94, Application, Letter dated 1/10/94) PRESENTATIONS CITY ATTORNEY MATTERS CITY MANAGER MATTERS 13. 14. 15. 16. 17. 94.057 PGS 165-166 18. COMMITTEE REPORTS~.RECOMMENDATJONS OLD BUSINESS NEW BUSINESS MAYOR AND CITY COUNCIL MATTERS A. Mr. Robert Freeland B. Mayor Lonnie R. Powell C. Vice-Mayor Frank Oberbeck D. Mrs. Carolyn Corum E. Mrs. Norma Damp ~NTRODUC~ION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) A. Sebastian Panthers Request for Monthly Dance at Community Center - Waiver of Rental Fee and Reduction of Security Deposit to $100 (City Clerk Transmittal dated 2/3/94, Morgan Letter dated 1/24/94) 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.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 6 I I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: ) Agenda No. q~ O~ ) ) Dept. of Origin Utilities ) ) Utilities Director V.~ ) ) Date Submitted: February 3, 1994 ) ) For Agenda Of: February 9, 1994 ) ) Exhibits: City of Sebastian Sebastian Lakes Water & Wastewater Service and Contribution Agreement, Chapter 180.30! Public Briefing Document, andResolutionR-94-07 AMOUNT APPROPRIATION BUDGETED: N/A REQUIRED: N/A Sebastian Lakes Company and Sebastian Lakes Associates Water and Wastewater Service and Contribution Agreement Proposed Resolution R-94-07 Approval for Submittal By: City Manager: EXPENDITURE REQUIRED: N/A SUMMARY STATEMENT The City of Sebastian has concluded its negotiations with the representatives of Sebastian Lakes Associates/Sebastian Lakes Utility Company to acquire the Sebastian Lakes water distribution, wastewater collection, and wastewater treatment systems. The Water and Wastewater Service and Contribution Agreement has been finalized through mutual agreement among all parties, whereby the owner/utility will donate the system to the City. Special Utilities Legal Council for the City, Attorney Tom Cloud, advised the City to hold a Florida Statute Chapter 180 Hearing because Sebastian Lakes i~ under franchise agreement with the City. At the owner's expense, City utilities consultants, Hartman & Associates, Inc. prepared the Chapter 180 Hearing Document. Resolution R-94-07, as prepared by the City Attorney, provides the authorization for the execution of the Water and Wastewater Service and Contribution Agreement by the City. RECOMMENDED ACTION Should the City Council find that it is in the best interest of the public to acquire the Sebastian Lakes water and sewer systems in terms of the Agreement, it is recommended that the City Council move to adopt Resolution R-94-07. RESOLUTION NO.: R-94-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED IN SECTION 180.301, FLORIDA STATUTES; APPROVING THE WATER AND WASTEWATER SERVICE AND CONTRIBUTION AGREEMENT WITH SEBASTIAN LAKES UTILITY COMPANY AND SEBASTIAN LAKES ASSOCIATES (THE "AGREEMENT") TO PROVIDE WATER AND SEWER UTILITY SERVICE TO SEBASTIAN LAKES, A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2(b), Article VIII, Florida Constitution, and the Municipal Home Rule Powers Act, Chapter 166, Florida · Statutes, authorize the City to conduct municipal government, perform municipal functions, render municipal services and exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, pursuant to its governmental powers granted pursuant to Chapters 163, 166 and 180, Florida Statutes, and other applicable laws, the City is authorized to preserve and enhance present advantages, encourage the most appropriate use of land, water and resources, consistent with the public interest, facilities and adequate and efficient provision of water and wastewater facilities, and conserve, develop, utilize, and protect natural resources; and WHEREAS, neither general law nor special act prohibits the city from acquiring or operating water and wastewater utility facilities; and W~REAS, Sebastian Lakes Utilities Company ("SLUC") is the owner of a water and wastewater system (the "System") located within the boundaries of indian River County, Florida, and W~REAS, SLUC desires to contribute the water and sewer lines comprising the System to the City and lease, with an option to purchase, its wastewater package plant to the City, and the City desires to obtain the water and sewer lines comprising the System from SLUC and lease the wastewater package plant from SLUC with an option to purchase same; and W~EREAS, the City has examined the assets of the System, has examined the System's existing financial structure, has examined the long-range needs and goals of the City relative to the provision of water and sewer service to the City's present and future citizens, and has determined that the signing of the agreement to provide water and sewer utilities services to Sebastian Lakes is in the public interest; and W~R~AS, in contemplation of the acquisition of the water and sewer lines comprising the System and leasing the wastewater package plant with an option to purchase, the city authorized its engineering consultants, Hartman & Associates, Inc., to prepare a briefing document to comply with Section 180.301, Florida Statutes (the "Briefing Document"); and W~EREAS, the Briefing Document has been submitted to the City Commission for review pursuant to Section 180.301, Florida Statutes; and W~EREAS, the City has scheduled, duly noticed and held a 2 public hearing pursuant to the requirements of Section 180.301, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. DETERMINATIONS. The City Council has reviewed and considered the acquisition of the water and sewer lines comprising the System and leasing the wastewater package plant with an option to purchase same, as evaluated in the Briefing Document and in other pertinent information submitted to the City, and in so doing has considered the following: (a) SLUC's most recent available income and expense statement for the System; (b) SLUC's most recent available balance sheet for the System, listing assets and liability and clearly showing the amount of contributions-in-aid-of- construction and the accumulated depreciation thereon; (c) A statement of SLUC's existing rate base for regulatory purposes as it relates to the System; The physical condition of the System; The reasonableness of the purchase price and terms; (d) (e) (f) (g) (h) (i) The City The impacts of the purchase on utility customers, both positive and negative; Any required additional investment and the ability and willingness of the City to make that investment; Alternatives to the purchase and the potential impact on utility customers if the purchase is not made; and The ability of the City to provide and maintain high- quality and cost-effective utility service. Council's determinations and findings regarding the items listed above are set forth in the Briefing Document, which is hereby adopted and incorporated into this Resolution. This Resolution and the Briefing Document are intended and declared to be the statement required under Section 180.301, Florida Statutes, demonstrating that the acquisition of the water and sewer lines compromising the System and the leasing of the wastewater package plant with an option to purchase are in the public interest. Furthermore, the Briefing Document contains a summary of the City's experience in water and sewer utility operation and demonstrates that the City has the financial ability to provide water and wastewater service. Based upon the Briefing Document and other evidence and testimony submitted and considered at the public hearing on February 9, 1994, the City Council hereby determines and finds that it is in the public interest for the City to receive a donation of the water and sewer lines comprising the System and lease the wastewater package plant with an option to purchase as contemplated in the Briefing Document. SECTION 2. AUTHORIZING TH__~E SIGNING OF THE AGREEMENT. The City Council has reviewed and considered the acquisition of the water and sewer lines comprising the System owned by SLUC and has also analyzed the Water and Wastewater Service and Contribution Agreement (the "Agreement"), a copy of which is attached to and incorporated in this Resolution as Exhibit "A". The City Council hereby Clerk approves the Agreement and authorizes the Mayor and City to sign the Agreement on behalf of the City. The city 4 Council also authorizes its staff and consultants to take all actions necessary to complete the transaction contemplated by the Agreement, and further authorizes the Mayor and City Clerk to sign all necessary documents, before, after and at the conveyance of the water and sewer lines contemplated by the Agreement transaction contemplated therein. SECTION 3. CONFLICT. Ail resolutions or resolutions in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. In the event a comprising the System as in order to complete the parts of court competent jurisdiction shall hold or determine that any part this Resolution is invalid or unconstitutional, the remainder 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 said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, of of of 5 the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted on this day of , 1994. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 6 City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PUBLIC HEARING REGARDING ORDINANCE O-93-16 REGARDING CODE ENFORCEMENT Approval For Submittal By: City Manager Agenda Number: Dept. Origin: Communitv Dey~lopment Date Submitted: 02/02/94 - For Agenda Of: 02/09/94 Exhibits: 1. ordinance 0-93-16 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of January 12, 19.94 the City Council approved the first reading of Ordinance O-93-16 and set the public hearing for February 9, 1994. RECOMMENDED ACTION Move to approve Ordinance O-93-16. ORDINANCE NO. 0-93-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian employs the use of a Code Enforcement Board, pursuant to Chapter 162 of the Florida Statutes, as a method of enforcing the City's Code of Ordinances and Land Development Code; and WHEREAS, Chapter 162 of the Florida Statutes has been amended by the Florida Legislature, resulting in the need for the City's ordinance, pertaining to the Code Enforcement Board, to be amended in order to remain consistent with Chapter 162; and WHEREAS, the City Council of the City of Sebastian has further determined that the current ordinance pertaining to the Code Enforcement Board requires amendments in order to ensure that the procedure for enforcing the City's Code of Ordinances and Land Development Code is administered in accordance with principles of due processi~i. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1 - Chapter 2, Article vi, Division 2, of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to hereafter provide as follows: "DIVISION 2. CODE ENFORCEMENT BOARD Sec. 2-176. Created. (a) There is hereby created and established the Sebastian ~ode i~nforcement ~oard. The ~oard is created and established purs~'ant to the authority granted pursuant to the Local Government Code Enforcement Boards Act, F.S. §§ 162.01 through 162.13. (b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in F.S. S~ 162.01 through 162.13, which are not inconsistent with this division, are hereby adopted as ordinances of the ~ity. (Code 1980, ~ 2-91:'i':' Sec. 2-177. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning} Board means the Sebastian Code Enforcement Board. Code inspector means those employees or other agents of the ity whose duty it is to enforce ~ity codes ~i~ to present Bode iolations to the Board. ' .............................. ~:~:~:~:~:~:~ ~:~ Code(s) means the Code of Ordinances and/or the Land Development Code of the Repeat violation means a violation of a provision of a code by a person whom the Code Enforcement Board has previously found to have violated the same provision within five years prior to the violation. Violator means the person responsible for the code violation which, in the appropriate circumstances, shall either be the perpetrator of the violation or the owner of the real property upon which the violation occurred. (Code 1980, § 2-92). cross reference-Definitions and rules of construction S t a t e law r e f ~'~'~'~'~'~"~'~"i'~'i"I'~"~'"~'"~'~'~'~'i'~'i'~'~'~"'~''''''''F'''~'''~'''~'''''''''~''''''''~''~''~'' ~"'~ 4 ( 1991 ) . Sec. 2-178. Jurisdiction. (b) The jurisdiction of the ~ode ~nforcement ~oard shall not be exclusive, but shall be concurrent with any other Board, commission, committee or administrative official charged with the Bec. 2-179. Membership; composition. ,....~....~h.9...B.9.a.r.._d_,,,~a,~.!.....b.9....~9~pose~.of~seven regular membersi~!iiiiiiii~ii!ifl~ consist, ~~ possible, of th~'"fol~'bwing: (1) One architect. (2) One businessman. (3) One engineer. (4) One general contractor. (5) One realtor. (6) One subcontractor. State law reference-Similar provisions, F.S. § 162.05(2) Sec. 2-180. Qualifications. Each regular member appointed to the Board shall possess the following minimum qualifications: The architect and the engineer shall be registered under he laws of ~9:::!:i:~l:~: Florida regulating the practice of architec~'~:~:':':':~'~':':"~:~neering or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the ~ity ~ouncil to be .-.-.-.. equivalent to such registration. (2) The general contractor and the subcontractor shall possess a valid certificate of competency and occupational license, recognized and accepted under the laws of ~iiiiiii~a~i...'iiiii~:i~i Florida and the codes of the ~i~' regulating the business of contracting and, where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the ~ity ~iouncil to be equivalent to such certification. (3) The realtor shall be licensed under the laws of ~iiiiii~ ~i Florida, licensing real estate brokers as'~~~ b~oker or salesman, or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the ~ity ~ouncil to be equivalent to such licensing. The businessman shall be actively engaged in any lawful business within the ~ity, or shall be an officer'or employee of a business~'~'~entity holding a current and valid occupational license issued by the ~ity. (5) Each member shall be a resident of the ~ity. If.a member of the ~oard ~eases to be a ~eside~t '~f ~e ~Clty, ~ (Code 1980, § 2-94(b)) Sec. 2-~8~. Terms of office. (a) Of the regular members initially appointed to the Board: (1) Two members shall be appointed for a term of one year ~i~' (2) Three members shall be appointed for a term of two years ~i~. :::::::::::::::::::::::::::::: (3) Two members shall be appointed for a term of three years ~. (b) After the initial appointments, all subs e.q..U....e.9.t appointments shall be made for terms of three years ~. ::::::::::::::::::::::::::::::: (c) In no event shall any individual who has served as a regular member of the ~oard for the greater of two consecutive terms or six consecuti9e years be reappointed to serve another consecutive term as a.regular member of the ~oard unless no other ~i~i!~!i who is otherwise legally qualified ~ serve as ~ regular ~'~:':':':'of the ~oard, has filed an applicationI~iiiiiiiii~iiii~iiiiii~!i!ii~i~i~i~ ~i~i~iii with~::::%he ~iity ~lerkii~il seeking appoi~:~:~:~:~::~:;::~:~::::~;~:~:~;:;::::~:~::~:::::::~: ~'~'~'A'f'"'"'member of ~'he ~o'Ard.' ....... (Code 1980, § 2-94(c);'"'Ord. No. 0-91-23, § 1, 9-25-91) 4 Sec. 2-182. Vacancies and reappointments. l~{!~.~}iii Any member may be reappointed to the ~oard in accordance with ........ ~'apter 162 of the Florida Statutes:~ ..... subject to -the limitations set forth in section 2-181. Appointments to fill any vacancy ~iiii!~i~!~ shall be for the remainder of the unexpired term of 6'~'~'~'~'~'] ....... ~hermore, two months prior to the expiration of the term of any member, or in the event o.f any vacancy, the ~ity ~lerk shall provide the ~hairpe.r. son, the ~t.y ~anager and the.~ity ~ouncil with a copy of ~='~1 pending appli~tlo~~s for membershl~~ on ~he ~oard, even if the incumbent board member intend to seek reap~bintment. Whenever a current or former board member is being considered for appointment or reappointment to the ~'.oard, the ~ity ~ouncil shall consider the number and nature of t~ memorand~''~ of conflict previously filed by such person pursuant to Florida Statute §112.3143. (Code 1980, ~ 2-94(d); Ord. No. O-91-23, ~2, 9-25-91) State law reference-Similar provisions, F.S. § 162.05(3) (d), Sec. 2-183. Quorum. Four or more members of the Board shall constitute a quorum. (Code 1980, § 2-96) State law reference-Similar provisions, F.S. § 162.05(4) Sec. 2-184. Compensation. Members of the ~oard shall serve without compensation, but may be reimbursed for '~'~uch travel, mil~age expenses and per diem expenses as may be authorized b~ the ~ity ~ouncil and approved by State law reference-Similar provisions, F.S. § 162.05(4) Sec. 2-185. Organization. . (a) The ~oard officers shall consist of a chair~~i, vice- chalr~~" an~:~'~:such other officers as the '~oard shall de'~-~essary. 5 (b) Officers of the Board shall be elected by a majorit~ vote State law reference-Similar provisions, F.S. § 162.05(4) The ~oard may adopt such rules and regulationsii~ii as are not inconsist~nt with the provisions of Chapter 162 9f~"~the Florida (Code 1980, § 2-98) State law reference-similar provisions, F.S. $ 162.08~1) The ~ity ~ shall appoint a city employee to be the ~oard clerk, wh~sha~:~"":~'~form the functions assigned to the clerk ~ set forth in this division. (Code 1980, § 2-99) The ~ity ~ouncil shall, upon recommendation of the ~oard, appoint a :'~embe~' of ~he Florida Bar, to represent and be court'el to the ~oard and atte~'~ all meetings. The legal counsel shall be compensated as provided by the ~iity ~ouncil. (Code 1980, ~ 2-100) State ~aw reference-Attorneys, F.S. § 162.05(5) The ~ity ~ttorney shall represent the ~ity and the code inspector:::~efor~ the ~oard; shall present the::~ity's case on all formal hearings; a~ shall have prosecut~rial discretion, including, but not limited to, the right to negotiate a.plea with an alleged violator and present that plea to the ~oard for approval; to recommend the disposition of a case to the ~'bard; and to decline to prosecute a case, similar to the discret~on"'~:~exercised criminal cases. (Code 1980, § 2-101) State law reference-Attorneys, F.S. § 162.05(5) ~:~:~:~:~:~ Enforcement procedures. (b) Except as provided in subsection (d) of this section, if a violation of the codes is found, the code inspector shall notify the alleged violator and give him reasonable time t~ correct violation. If ~i~ violation continues beyond the time specif~'~ for correction,~'~e code inspector shall notify the ~oard and request a hearing. The ~oard, through its clerical st~'~f, shall schedule a hearln~ and ~i~i~ notice of such hearing shall be ~:':'T'~"~i~de 1 ivered '?':':':':':i~:~::';:iiiiiii::~iii:::~"~-:''~':''''~:':'::~'~'?~:'~: :.:::..:i.:~:~.:.:.....:~:.~.::~:~:~:~:~:~..~..i....~..~.~.::...~:!::~.~......:. ;~'~ . ~ ~. ;,,.. ~ ...... .. ~...~ ~,,,:,,~ ............. ~..: ...... ~ ........ .~ ....... ~:..: .......... ..~..~:~:.:.~.~.,~ ............. ~:'~ ............. ~'~:;:'"::::::~;~:~:~ion is not corrected by the time specified for correction by the code inspector, the case may be presented to the ~oard even if the violation has been corrected prior to the ~oard ~earing, and the notice of hearing shall so state. ~:':~:~' ~i~li If the code inspector has reason to believe a violation prese~' a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the ~oard and request a hearing. (Code 1980, § 2-102) ,~..~::::~:.:.:.:~:~:~::,: Formal hearing on violations. (a) Upon request of the code inspector, or at such times as may be necessary, the chair~~ of the ~oa~d may call a hearing. A hearing may also be call~::~:~:~:~:~:~:~:~ritten ~t~ce signed by at least three members of the ~ioard. Such notice shall be ~i~ to the alleged violator, ii~i~i~!i ~ach case before the ~oard shall be presented by the ~ity ~ttor~'~~ ~iiiii~i~i~ ~ ~embers of the administrative s~aff ~ Th~ ~oard shall hear the cases on the agenda for that daM ~.f~.~.[ Each party to the hearing shall have the right to: 1. Call and examine witnesses; 2. Introduce ~::~e~~ ~ exhibits; 3. Cross-examine opposing witnesses; 8 ~ If the ~oard believes that a violation presents a serious threa~'~':':~"%o the p~blic health, safety or welfare', the ~oard may request the ~ity ~ttorney to seek ~ppropriate relief in t~e name of the ~ity fr6~ th~':'~~~?~:~ circuit court. (Cod~' 1980, ~ 2-10~f~) ..................................................................................................................................... ~:~~ Administrative fines; liens ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: · 9 8~::~::~i~ Duration of lien. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 10 Subpoena powers. The ~oard shall have the authority to subpoena alleged violators and witnesses to its hearings. The ~ity, the ~oard or the alleged violator may request that witnes~s and reynards be subpoenaed to an~ emergency or formal hearing. Subpoenas shall be served ~i%~i~!~~iiii~ii~f~i~. The chair~~ of the ~oard shall provide"~'~:'~'=~:~i~'~==~=~=~=~=~=~=~::~:~%h sufficient'==~'~:~T~d and bl~nk witness subpoenas to ~e provided to alleged violators and the ~ity ~ttorney for the purpose of subpoenaing witnesses and records..===== violator shal~ Day to the ~itI a fee of $12.00 fg~[~ ~99h~ subpoena Service of notice. Obstructing Inspector. Whoever opposes, obstructs or resists a code inspector in the 11 discharge of any ~ provided in this division, upon conviction, ~hall be guilty o~'~'~'~'-~misdemeanor ofthe second degree, punishable Section 2. CONFLICTS. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. ~e. Qtion 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this ~ ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Sect%on 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. The foregoing ordinance was moved for adoption by Council- member . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this ordinance duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor 12 ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk i HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Veto 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 the following said public hearing 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 13 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PUBLIC HEARING ON ORDINANCE 0-93-22 REGARDING PROCEDURES FOR SPECIAL USE PERMIT Approval for Submittal By: City Manager Agenda Number: Dept. Origin: Community Devel°~entC(B Q.2/02/94 Date Submitted: For Agenda Of: 02/09194 Exhibits: 1. Ordinance 0-93-22 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of January 12, 1994 the City Council approved the first reading of Ordinance 0-93-22 and set the public hearing for February 9, 1994. RECOMMENDED ACTION Move to approve Ordinance 0-93-22. ORDINANCE NO. 0-93-22 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, ARTICLE II, SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO SPECIAL USE PERMITS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that the issuance of special use permits pursuant to Section 20A-2.6 of the Land Development Code should require, as a condition precedent, review by the Planning and Zoning Commission of the City of Sebastian; and WHEREAS, Section 20A-2.6 of the Land Development Code of the City of Sebastian must be amended to provide for review by the Planning and Zoning Commission of special use permit applications; and WHEREAS, amending Section 20A-2.6 of the Land Development Code of the City of Sebastian to provide for review of special use permit applications by the Planning and Zoning Commission is not inconsistent with the laws of the State of Florida or the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: Section 1. Chapter 20A, Article II, Section 20A-2.6 of the Land Development Code of the City of Sebastian, pertaining to special use permits, is hereby amended as follows: "Sec. 20A-2.6. Special use permits. A. Jurisdiction. Notwithstanding any provisions of this article, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations, and shall satisfy the following findings of fact by the City Council. B. Required finds of fact. The City Council shall not grant any special use permit under this section unless it shall make findings, based upon the evidence presented, that: The granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements withi~ the immediate vicinity in which the property is located, Dnd The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. C. Conditions. In granting special use permits under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations and other components of the City's land development controls. D. Planning and Zoninq Commission Review. Prior to the Cit~ Council considerinq an aDDlica%.~on for a special u~ permit, th~ planning and Zoninq Commission shall .hold .~. Dublic hea~.ing to ~.~view and consider, the .applic~.~ion ..~or a speci~..use _permit. Aft_er the Dublichearin~. thg..plann.ing and.Zoni~.q Commission sh.~l] indicate whether., in.the .DDinion of ~he P~DDninq and ZQD~ng Commission, the DroDQsed use meets the re~uirDd findings of..fact set forth in Subsection (B) of.....this Section 20A-2.6. E. Public hearing. Before acting on any request under this section, the City Council shall hold a'public hearing thereon, with notice as follows: By publication in a newspaper of general circulation in the City of Sebastian at least seven (7) days prior thereto; and By certified mail, return receipt requested, to the owners of record of real property located within two hundred (200) feet of the real property involved in such request, at least fifteen (15) days prior thereto. This requirement is directory only and not mandatory. F. Fees and costs. There shall be an application fee for a special use permit under this section. The amount of the fee shall be determined by resolution of the City Council. The applicant shall bear expense of giving the required notices. G. ADDroval. By resolution of tb.e City Council. sDeci~ USg permits may be ~ranted. Up.on a findin~thDt the requiremen~.s of Section ~QA-2.6 of the ~Dd Deve~Qpmgnt ...Code q.~ .... the City of Sebastian have been satisfied.,' SectiQn 2. CONFLICTS. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to appropriate designations. Section 4. SEVEP~%BiLITY. "Section," "Article" or other In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision, it shall further be assumed that the City Council would have enacted the remainder of this ordinance unconstitutional provision, thereby remain in full force and effect. without said invalid and causing said remainder to Section 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. The foregoing ordinance was moved for adoption by Council- member Councilmember The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this ordinance duly passed and adopted this day of .., 1994. CiTY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Veto 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 , 1994, and the following said public hearing 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 S~astian\c.'d\93-22 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Cable TV Rate Regulation Ordinance Approved For Submittal By: C~ty Manager EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: -0- Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: Finance (CM) ~4~ 9./03/94 ~109194 Ordinance No. 0-94-01 and copy of form FCC 328 filed 11/8/93 APPROPRIATION REQUIRED: SUMMARY STATEMENT In adopting Resolution R-93-56 on October 27, 1993 City Council authorized staff to file form FCC 328 with the Federal Communications Commission (FCC), seeking certification with the FCC to regulate basic level service rates for cable television service providers in Sebastian. This form was mailed to the FCC on November 2, 1993 and received by the FCC in Washington, D.C. on November 8, 1993. The City of Sebastian's application for certification was automatically approved on December 8, 1993 because the FCC did not inform us that the application was denied within 30 days after receipt. In filing FCC 328 the City, as stated on question #3 of the form, has agreed to adopt regulations consistent with regulations adopted by the FCC pursuant to 47 U.S.C. Section 543(b). These regulations must be adopted within 120 days of certification, or no later than April 7, 1994. (continued on page two) Agenda No. Cable Television Rate Regulation page 2 of 2 However, the current rate freeze in effect expires on February 15, 1994. Therefore, in order to regulate existing rates for cable television basic service in the City of Sebastian and insure that these rates will not immediately be raised without review and approval by the City once the rate freeze expires, local regulations must be adopted before February 15. As stated in question 5 on form FCC 328, the regulations adopted by the City, as franchising authority, must provide a reasonable opportunity for consideration of the views of interested parties. "Interested parties" includes at least one representative of-the local cable television company, Falcon Communications, Inc., as well as members of the public. This ordinance complies with this requirement and it is staff's recommendation that a local board or committee be created to receive and consider the views of any interested parties, thereby providing for public input into the rate regulation process. It should be noted that Ken Vickers, General Manager for Falcon Cable TV in Sebastian, has contacted Chris Moore of the City's staff to indicate that his company may argue against the language contained in the last two sentences of Section 105-5 paragraph (b) of this ordinance. Falcon's position is that all costs associated with rate regulation must be borne by the City. This is presently an unclear area of the new FCC regulations. RECOMMENDED ACTION Conduct public hearing on Ordinance No. O-94-01 and move to adopt same. ORDINANCE NO. 0-94-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CABLE TELEVISION REGULATION; CREATING CHAPTER 105 OF THE CODE OF ORDINANCES; PROVIDING FOR A TITLE, PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Cable Television Consumer Protection ~nd Competition Act of 1992, 47 U.S.C. §521 et seq., as implemented by regulations promulgated by the Federal Communications Commission ("FCC") provides for local governmental rate regulation of basic tier cable television services and cable television equipment; and WHEREAS, to be approved by the FCC to conduct basic tier rate regulation, a local government must adopt regulations to provide a "reasonable opportunity for consideration of the views of interested parties within 120 days of the effective date of certification," §76.910, FCC Regulations; and WHEREAS, the City has filed its application for certification to regulate basic tier rates with the. FCC; and WHEREAS, the City Council finds that this Ordinance will promote the public interest, health, safety, welfare, and economic order of the community. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The Code of Ordinances of the City of Sebastian, Florida, is hereby amended by adding a new chapter, article, and sections to be numbered chapter 105, article I, sections 105-1 through 105-4 and article II, section 105-5, which said chapter, articles, and sections read as follows: "Chapter 105 CABLE TELEVISION ARTICLE I. !,n General Sec. 105-1. Title. This chapter may be cited as the "Sebastian Cable Television Code." Sec. 105-2. Authority; application. This chapter is enacted pursuant to the powers of the city to promote the public health, safety, welfare, and economic order of the community, by providing regulations for the installation, use, rates, and merchandising of cable television systems within the City. Sec. 105-3. Definitions. When used in this chapter, the following terms shall be defined as indicated below. Terms used in this chapter, but not defined below, which are defined in the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as further amended by the Cable Television Consumer Protection and Competition Act of 1992, codified in 47 U.S.C. §521 et seq., shall have the meanings set forth in 47 U.S.C. §522. "Act" shall mean the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as further amended by the Cable Television Consumer Protection and Competition Act of 1992. 2 "Applicant" shall mean all officers, agents, employees and representatives seeking an approval, grant, or permit under this chapter. "Application process" shall mean the method for acceptance, review, approval or denial of an application for a franchise award, transfer or renewal, or rate request, including staff action and action of the City Council. "City" shall mean the City of Sebastian, Indian River County, Florida. "FCC" shall mean the Federal Communication Commission. "Franchise" shall mean an initial authorization or renewal thereof, issued by the city, whether such authorization is referred to as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system in the City. All franchises shall be nonexclusive. "Franchisee" shall mean the person to whom a franchise is granted by the City under this chapter, and the lawful successor, transferee, or assignee of such person. "Newspaper of general circulation" shall mean a newspaper appropriate for the placement of legal notices as defined by chapter 50, Florida Statutes. "Subscriber" shall mean a person lawfully using or receiving cable services or other services from a cable operator. Sec. 105-4. Reservations. (a) Generally. In addition to the specific reservations of the City set forth herein, the City Council hereby reserves unto the City the matters set forth in this section. (b) Police powers. In accepting a franchise, the cable operator acknowledges that its rights thereunder are subject to the police powers of the City to adopt and enforce ordinances, resolutions, policies, and practices necessary to the convenience, health, safety, welfare, and economic order of the public, and it agrees to comply with all applicable ordinances, resolutions, rules, regulations, policies, ahd practices by the City pursuant to such power. Any inconsistency between, or ambiguity created by the relationship between, the provisions of this chapter and any other contemporaneous or future lawful exercise of the City's police powers shall be resolved in favor of the City's police power. (c) The Act. (1) The City shall have all powers not otherwise preempted by the act, the regulations of the FCC, Section 166.046, Florida Statutes, or other applicable Federal or State of Florida laws or regulations, and shall have all powers conferred on a franchising authority or allowed by the act which are not addressed in this chapter. (2) Should any amendment be made to the act or should any provision thereof be held to be invalid or unenforceable by a court of competent jurisdiction which materially affects the City's authority with respect to the regulation of this chapter, the City 4 Council shall have the right to amend this chapter to the extent it deems appropriate, and the existing franchise and license shall be subject to such amendment. ARTICLE II. RATE REGULATION Sec. 105-5. Rate Regulation. (a) The City may regulate rates charged by cable television operators for the basic tier of cable television services and related equipment in a manner that is consistent with the act ~nd the rules and regulations prescribed by the FCC pursuant to the act, all as amended from time to time. (b) Should a franchisee desire to change any rate or charge, it shall submit a written application setting forth the proposed change in charges and effective date of such change to the City Manager who shall evaluate the proposal in a manner consistent with FCC cable television rate regulation standards and report this evaluation to the City Council. The City Council is hereby authorized from time to time to set reasonable fees for the review of any rate change application. Application review fees shall be set by adoption of a resolution of the Council. (c) The City Council shall conduct a public hearing to determine whether or not the rates or proposed rate increase are reasonable and consistent with the act and regulations implementing the act. The city manager's report shall be placed before the City Council at the public hearing. At such hearing, evidence shall be taken and received on whether the proposed rate or change is consistent with FCC standards. 5 (d) Notice of rate regulation proceeding. (1) The City shall publish in a local newspaper of general circulation; post in a conspicuous place in the City hall; and mail by U.S. mail, first class, postage prepaid to the cable operator, a public notice of the intent to conduct a rate regulation public proceeding on basic service tier rates and/or charges for cable service related equipment. (2) The franchisee shall notify each subscriber, in writing, at least ten (10) days prior to the rate regulation public hearing, of the proposed rate change and the public hearing. The franchisee shall use a form of notice prepared by the City clerk. (3) Said public notice specified above in sub-section (d) (1) and (2) shall include the time, date, and place of the proceeding and shall explain, among other things, the nature of the rate review in question; that any subscriber or interested party has the right to participate in the proceeding; that public views may be submitted in the proceeding, describing how they are to be submitted and the deadline for submitting any such views; that a decision concerning the reasonableness of the cable television rates in question will be governed by applicable rules and regulations of the FCC; that the decision of the City is subject to review by the FCC; and that parties desiring to appeal any decision made as a result of the proceeding will need to ensure that a verbatim transcript is prepared which is the responsibility of the person seeking to appeal. (e) The City shall ensure that any rate or charge established 6 for cable television service, equipment, repair and installation shall be reasonable, just and fair. The City shall also ensure a reasonable opportunity for consideration of the views of interested parties, including but not limited to the City, the cable operator, subscribers, and the residents of the franchise area. (f) in determining whether a rate or charge is reasonable, just and fair, the City Council shall apply the cable television rate regulation criteria established by the Federal Communicati~ .... Commission (FCC) by rule as amended from time to time. (g) In the course of the rate regulation proceeding, the City may request additional information from the cable operator that is, in the City's opinion, reasonably necessary to determine the reasonableness of the basic service tier rates and equipment charges. Any such additional information submitted to the City shall be verified by an appropriate official of the cable operator who supervised the preparation of the response on behalf of the cable operator, and submitted by way of affidavit, under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge and information formed after reasonable inquiry. The City may request proprietary information; provided that the City shall consider a timely request from the cable operator that said proprietary information shall not be made available for public information, consistent with the procedures set forth in the FCC rules and regulations. Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of the rates and charges or the appropriate rate level based on a cost-of-service showing submitted by the cable operator. The City may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the State of Florida to discover any information relevant to the rate regulation proceeding, including, but not limited to, subpoenas, interrogatories, production of documents, and deposition. (h) If the City Council or the City manager cannot determine the reasonableness of the proposed rate increase within the time period permitted by the FCC rules and regulations, it may toll the effective date for the proposed rate increase within the time period permitted by the FCC rules and regulations, it may toll the effective date for the proposed rates for an additional period of time as permitted by the FCC rules and regulations, and issue any other necessary or appropriate order and give public notice accordingly. (i) Upon termination of the rate regulation proceeding, the City Council shall adopt and release a written decision as to the application. The City Council shall adopt a resolution: (1) stating whether or not the rates or proposed rate increase(s) are reasonable or unreasonable, and, if unreasonable, its remedy, including prospective rate reduction, rate prescription, and refunds; (2) approving, disapproving or modifying the proposed rate changes as authorized by FCC rate regulation standards; and (3) setting forth findings of fact and conclusions 8 re~ding the City Council's determination. (j) Consistent with FCC rules and regulations, the City's decision may be reviewed only by the FCC. (k) The City shall be authorized, at any time, whether or not in the course of a rate regulation proceeding, to gather information as necessary to exercise its jurisdiction as authorized- by the Act and the FCC rules and regulations. Any information submitted to the City shall be verified by an appropriate official of the cable operator who supervised the preparation of the response on behalf of the cable operator, and submitted by way of affidavit, under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge and information, formed after reasonable inquiry. (1) The cable operator shall have no vested, impairment-of- contract, or other right as against such rate regulation. (m) Nonenforcement not a waiver. The cable operator shall not be excused from complying with any of the requirements of this chapter by any failure of the City on any one (1) or more occasions to insist upon or to seek compliance with any such terms or conditions. (n) Should the City at some future date be allowed to regulate other than basic tier cable television service and equipment rates, all as provided in the act, the City may, in its sole discretion, institute such rate regulation as it deems appropriate. Any franchise agreement issued after February 15, 1994 shall be issued subject to this regulation, whether it shall so state or not." Section 2. CO~FLIC?S. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may~ be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to appropriate designations. Section 4. B~VERABILIT¥. "Section," "Article" or other In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance -without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. ~FFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. 10 The foregoing ordinance was moved for adoption by Council- member councilmember vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this ordinance duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA ATTEST:' By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Veto 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 , 199 , and the following said public hea~ng this ord~nc~ was passed--~y the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content: Charles Ian Nash, City Attorney 11 W~D. ~ 20~ FCC ~2~ ~or FC~ ~se Only CERTIFi~TION OF F~NCHISING AUTHORI~ TO REGU~TE BASIC ~BL[ 5ERVIC[ ~TE5 AND INITIAL FINDING OF ~CK OF EFFE~IVE COMP~ITION N~ Cit" of SeP-stian 3. ~11 ~r ~ins ~o~ a~t ~ 1225 Main Str~, J ~c ~ie ~ ~ ~ .......... Sebastian ,, J FL ,,J 32958 ~ ~ to 47 U~.C ~on ........... ~u/~ ~-~,~,,, J 4. ~.,~t.,.~o~i.~.~.~..~.~ P~ ~ ~ ~ ~ ~ m~ ...... j to in Q~n 3, ~ ~. ~ Christopher M~re, C.P.A. J ~ ~ r ~bin .... ~ ............. ' I ~ [ ~o~ ~ Fatcon. 'Cable,,Me,ia (Falcon;~ble TV) I ~_. . ......... , , . .............. J ~ ~r ~ing a~ p~de a ~ " _.:__ I S~. I=~ ~.~ I ~, ~.~ ~o~ J ., Seba=L,=" ...... I r~l =z=~ I .., ~) i~ ~ ~. ~ ~ ~ ~j~ J~eS~m"" ' ................. ~ ~ ~~~ ~ me ' ~ ~~ ~ ~t ~) ~ ~ 30 ~t of ~ ~e~; ~)~e ~~ ~ ~ ~ ~at i~o of ~e ~ in ~ ~ ~ ~d fi~ ~e num~ ~m ~ ~j~ ~ ~ ~ ~ ~ ~ ~i~ ~ ~ ~in~ ~b p~min8 d~ ~ ~ ~e ~ .. , , ' ................ me ~m ~ ~ ~ ~ ~ (~ a ~lfi~m ~ JN~ .,s~ '; .. ' . J ~un~ Un, J . . ~m~ d~ ~ ~ ~, ~ing ,~ for J . - Falcon Cable ,T~ I~FL 0235 J ~ ." ' . / ............. I ~~M~~ . ..' I : -- ' "" .. · . . . . ..... r~, -Staff Accountant' ~ - ..: ~.-'~'~ ~OL FA~E ~A~ENT5 ~DE ON ~IS ~ ARE PUNISHAB~ BY HNE AND/OR iMPRISONME~ (U~. CODE ~~ 18, S~ION 1001). '" R~um ~e ori~l ~d ~e c~y of ~b ~~ fo~ ~ ~t~ in I~), ~g w~ ~y a~m~, to: ~ ~muni~fiom ~mmi~ion A~: ~le ~n~isinE A~o~ C~fi~tion P.O. Box 18539 W~hin~on, D. C 20036 FCC City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5330 D FAX (407) (407) 589-5570 SUBJECT: DISCUSSION REGARDING SCRUB JAY ISSUE Approval For Submittal By: ) )Dept. Origin: Communi~,..~,,DeveloDment ) ) Date Submitted: ) ) For Agenda Of: ) ) E~h ibits: ) ) 2. ) 3. ) ) Application for Fish & Wildlife Draft of a letter Letter dated 12/22/93 from Fish & Wildlife E~E~ITU~ ~QUIRED-. AMOUNT BUDGETED: APPROPRIATI ON REQUIRED: S~'~.. STATEMENT Since our meeting of November 8, 1993, the Fish & Wildlife Department has required individuals to pursue an individual HCP on a 10,000 square foot lot. Please refer to the letter dated December 22, 1993 from Fish & Wildlife regarding Mr. Frank C. Fuchs requests to pursue the development of a single- family lot. At this time, I see that the City has several options that they could pursue regarding this matter. The City could send a letter to the Fish & Wildlife Service requesting in writing to allow the City to continue development on single-family platted lots of records, if the City was to pursue a HCP. I would foresee that we would probably have to pursue this all the way to Washington D.C., considering the existing staff in Jacksonville. The City could try to coordinate with Indian River County to pursue a County wide HCP. Page 2 The City could pursue a ~CP on all lands identified by Mr. Toland. Do notkingand require ~he individual homeowners to pursue approval from Fish & Wildlife. RECOMMENDED ACTION Move to authorize staff to send the letter to Fish & Wildlife Service and if necessary, pursue this through the Washington D.C. office. .L Fish and Wildlife Enhancement tNC[DEN'~,\L TAKE Richard D. Russell Building 75 Spring Street, S.W. Atlanta, GA 30303-3376 PHONE: 404-331 -6343 ~.,~ .~ U.S. FJSK AND WILDLIFE FEDERAL FISH AND WI~LIFE OC~ATION ANy ~3IN~, AO~, O~ IN~Ti~TI~AL AFFI~IATI~ HAVING HAV[ ~1~ A~VAL ~ CoNiCT TH~ ACTIVI~ YOU s ~.00 SEE 50 CFR 17.22(b) & 17.32(b); 50 CFR 13 CER~FICA~0N I HEREBY EER~ ~AT I HAYE REAO AND AN FkilLIAR WI~ ~E RE~LA~5 ~NT~INED IN ~E ~, PART 13, OF ~E ~DE OF ~EDE~L RE~O~5 AND ~[ O~ER APPLIQUE PART5 IN ~UB~PTER iA~ON 5Ugl~O iH ~J APPLICON FOR · LIC~PERilT 15 ~IPLETE ~D AC~ ~ ~E BE~T OF IY KNOWLEDGE AND BELIE~, UNDER~T~ ~T ~Y FALSE 5T~T~ENT HEREIN ~AY SUgECT NE TO ~E :RliiN~ P~AL~E~ OF II U,~,~ 1001, DAT~ *Applicant listed in 3 above or principal officer listed in 5 above must' sign. , ~ PERNIT APPLICATION FORN INSTRUCTIONS 4/92 A standard License/Permit Form 3-200 has been designed to assist persons applying for all U.S. Fish and Wildlife Service permits, in addition to the Form 3-200, attachments are necessary to provide the additional information required for incidental take permits under the U.S. Endangered Species Act. A complete application p'revents delays caused by the applicant having to supply more information at a later date. Most of the application form is self-explanatory, but the fOllowin~ provides some further assistance for completing each numbered block. 1. "Application for" - The permit box should be marked. 2. "Brief description of activity for which requested license 'or permit is needed"- Write a brief statement of the proposed activity and its purpose. e "Applicant" - Use complete name~'including middle name or initial of the responsible party, who will also be the permittee if a permit is issued. If the applicant is a sole proprietor or ,a partnership Ooing business under a business name, include that business name in addition to the applicant's full name. Provide the complete address and phone number, including zip and area codes. "If applicant is an individual, co~lete the following"- Enter information that identifies the applicant. If the applicant is a corporation, institution, or other legal entity, block 5 should be filled out, and block 4 should be marked "not applicable." "I~ applicant is a business corporation, public agency, or institution, co~lete the following" - Give a brief description of the type of business the applicant is engaged in, the name and phone number of the .person fully or partly in charge, and if the company is incorporated, the state in which it was incorporated. If block 4 is completed, mark "not applicable" in this space. "Location where proposed activity is to be conducted" - Give the address or geographical location where the desired activity is to take place. This should include such information as the location where wildlife would be incidentally taken or where other activities outlined in the Habitat Conservation Plan would be conducted. "Do you hold any currently valid Federal Fish and Wildlife license or permits?" - Check the appropriate box. If "yes" list the complete license or permit numbers. "If required by any state or foreign government, do you have their approval to conduct the activity you propose?" - If the proposed activity is regulated, check the appropriate box. If "yes", list the state involved and type of document required. Include a copy of these documents with the application. If "no" indicate what steps you have taken to secure approval (use attachment if necessary). If the proposed activity is not regulated write "not required" in this block. "Certified or personal check or money order (if applicable)" - There is a $25.00 processing fee unless you are fee exempt. Consult enclosure, "Fee for Incidental Take Permits". The check (does not need to be certified) or money order should be made payable to the U.S. Fish and Wildlife Service and attached to the application form. If fee exempt, write "exempt" in this space. ]0. "Desired effective date" the activity. Insert the earliest date you want to conduct 11. "Duration needed" Insert the desired duration of the permit. 12. "Attachments" Provide the information requested on the reverse of the application as outlined in 50 CFR ~7.22(b) and 50 CFR ]7.32(b). An incomplete or unclear application may be denied or will cause delays in processing. "CERTIFICATION" - The individual applicant or the person named in block 5 must sign and date the application in the space provided. This signature binds that person to the statement of certification, Be sure to read the statement and re-read the application before signing. If you have additional questions about the application or the regulations, please write the U.S. Fish and Wildlife Service at the office given on the top of the application form. FEE FOR INCIDENTAL TAKE' PERMITS 4/92 There is a $25.00 permit processing fee for inciden'tal take permit applications under the U.S. Endangered Species Act [50 CFR ]?.22(b) and 50 CFR 17.32(b)]. The fee applies to .permit applications, renewals, and amendments. The check (does not need to'be certified) or money order should be made payable to the "U.S. Fish and Wildlife Service". The processing fee shall not be refunded if the application is abandoned or the permit, is issued or denied. The fee may be refunded if the application is withdrawn in writing prior to significant processing. Fee Exemption: State or local government agencies or individuals om institutions under contract to such agencies for proposed activities'are exempt from paying a permit processing fee. Until further notice, the fee will be waived for public institutions. As defined i.n 50 CFR ]0.]2 - "Public" as used in referring to museums,.zoological parks, and scientific institutions, refers to such as are open to the general public and are...privately owned and organized but not operated for a profit. Application for Federal Fish and Wildlife License/Permit PRIVACY ACT -,NOTICE In accordance with the Privacy Act of 1974 (PL 93-579), please be advised: The gathering of information 6n fish and wildlife is authorized by the U.S. Endangered Species Act of )973 (16 U.S.C.'1539) and 50 CFR 13. The disclosure of the requested information is required in order to process applications for permits authorized under the Act. With the exception of your social security number, failure to disclose all of the requested information may be sufficient cause for the U.S. Fish and Wildlife Service to deny you a permit. 3. Applications will be published in .the Federa~ Reqister as required by the U.S. Endangered Species Act. o In the event there is indicated a violation of a statute, regulation, rule,.order, or license, whether civil,' criminal, or regulatory in nature, the requested information may be transferred to the appropriate Federal, State, local, or foreign agency charged with investigating or prosecuting such violations'. In the event of litigation involving the records or the subject matter of the records, the requested information may be transferred to the U.S. Department of Justice. DI~AFT LETTER SCRU zssu _T.he ,C~t~ of Sebasti~ is the no~he~ most point of southern population of over 12,000, resides mainly within the Sebastian · 'lor~oa located adjacent to the Indi~ River Lagoon. The City's Highl~ds S~division, which has over 13,000 platted lots. The 17 ~ts of the Sebasti~ Highl~ds S~division were pla~ted in ~he 1960's ~d const~cted with paved roads ~d the associated drainage ~d utilities. There is approx~ately 5,500 s~gle-f~ly ~omes e~sting within =~s s~division. In Au~st of 1991, U.S. Fish ~d Wildlife Se~ice notified the Mayor of the City of Sebasti~ of the pro,bi,ions against (taking) endangered, sp~.cies ~y ~y person ~der the End,gered Species Act ~G the Gezini=ion oi ~y person was broaden to include the City of Sebasti~. Specifically, the Fish & Wildlife Se~ice info,ed the 'City that "as a gove~ental entity which issues pe~ts allowing ~rivate 19nd o~ers to develop =heir prope~y, you are responsible ior ensuring that activities authorized by the City will not be bagful to the sc~ jay or other listed species.,, Basically, =he Yis~ and Wildlife Se~ice made the City of Sebasti~ li~le for vio&a=ions of Federal re~lations. Brian ~oland, with the Fresh Water G~e Co,lesion, has studied the Sebast~ area and identified ce~ain areas within the City of ~ebastian as sc~ jay h~itat. Mr. Tol~d developed a map ~n~%~a~lng. ~e s~ec~f%c areas of conce~ regarding the sc~ jay n~l=at within ~ne city of Sebastian. Within ,just the Sebastian Highlands S~division, there is approx~ately eight (8) areas that have been delineated, which consists of over 2,000 lots affected by the Fish ~d Wildlife's decision. Approximately 92% of the eight (8) areas have been built with paved streets, drainage facilities and utilities and at least ,half (4) ~f the areas have more than 50 percent of the lots with s~ngle-f~ly homes const~cted on them. At that t~e, the Fish & Wildlife Se~ice info,ed the City that the only accept~le mechanisms to eliminate the City's li~ility under the Endangered Species Act was to create a H~itat Conse~ation Plan. The City of Sebastian decided not to pursue a ~9P_~n~ ~!~ed individual homeowners to obtain pe~ssion from r~sn a wilGliIe to c~ear their lots prior ~o the construction of a residence. Between July 1992 and October 1993 the City of Sebastian did receive approximately 40 letters of approval from the Fish & Wildlife Se~ice giving the individual homeowner pe~ission ~o build a residence. The Fish & Wildlife Se~ice did not require, Put reco~ended at least 20% of the lot to be preserved having native scr~ h~itat. Page 2 On November 8, 1993, the City of Sebastian received, via fa~, a letter from the Fish & Wildlife Service indicating that they will not issue "no take', concurrence letters on a lot by lot basis. Individual permit applicants (homeowners) will be able to choose between development of an individual HCP or waiting for completion of the City wide HCP. The Fish and Wildlife Service has taken the position' that the single-family lots within this area must go through an "incidental take permit", since the City of Sebastian has not pursued a Habitat Conservation Plan. Over 2,000 single-family lots are affected by this decision, which places an undue economic hardship on 'the individual homeowner's lot consisting of approximately 10,000 square feet. On November 8, 1993, a special meeting with the City Council and Fish & Wildlife was held to discuss the HCP. Unfortunately, with the Fish & wildlife Service (famed) letter the same day and the attitude of Fish & Wildlife Service Representative, Dawn Zattau, it was apparent that the Federal Government was not amicable in working with the City. The City Council has been willing to negotiate a compromise with the Fish and Wildlife Service regarding the scrub jay issue, but Dawn Zattau of the Fish and Wildlife Service has stated that she wants all of the areas (including the single-family platted lots) to be included within the HCP. PROPOSAL The City of Sebastian is willing to consider an HCP, provided the single-family platted lots of record are not part of this HCP process. Fish & Wildlife Service needs to recognize that development on the existing single-family lots that have been platted and built prior to the scrub jay being listed as an endanger species, would be considered as a "no take" position. This would be consisted with their practice prior to November 8, 1993. If the Fish & Wildlife Service is willing to agree to the above statements, the City would coordinate with Indian River County to pursue funding through the approved 26 million dollar environmental fund for the HCP. The City would also require all undeveloped lands to coordinate with Fish & Wildlife Service to preserve any necessary lands prior to the City approving any type of development order. sebastia.wp I United States Department of the Interior I 66~0 .~t. hl~int Driva..~uth Suite 310 Jncksonvtlle. ~ori,'l,. $~'16-0912 i Frank C. Fu~hs D£C 2 g ~ :'.: O & F F=quipm~at p.,~ntnl, Inc. ", J g tV ' - 14575 99th Street :i! ' ' This is in rmpons~ to your recent applicalion submittal for incidental lake of Florida s~'ub I -J. ne .al~ptieatton as not complete, as it ~s Inciting a Habitat Conservation Plan II'lC.P). We ar, mturnm~ the ~ to you for further work. I An HeP must contain certain component, s, as outlined in 50 C.F.R. 17.22C0)(I) of the regulations, enclosed for your use. Those reqmr~nents arc as follows: -' I (1) a complete description of the activity to be authorized, C2) the common and scientific names of the. sp~._'.es sou~t to he cove?, by the permit, as well as the number, a~e, and sex of ,.ue, h_ specaes ff .kn. own, O) a conservation plan that specifies the impact that is likaly to I rest. t. from such taking, what steps the applicant will take to monitor, minimiza, and mitigate su~ impacts, the fut.,ding that will be available to implement'such steps, and the pro, ute to ~ used to deal with unf~ ciwu~lms, what altm'native actions to such taking the I applicant conside, t~ and the masons why such alt~a-nafives are not proposed to be utilized, and (4) such other measur~ that the Dim~r may mClUire as .baing ne~:ry, or appropriate for purposes of the plan. The HC.P_ne~ to contain all the above information before it is considered complete. This office will be willing to assist in fmc-tuning thc document and adding suggestions for improvem~t of drain, ff you have any questions on the abow rm:luimments, please contact Dawn Zattau. The number is 904-232-2580. yours, Micha,l M. l~ntzien i ':' Assistant Field Supervisor llnclosure (Section 10 Regulations) i · TOTRL P.~ City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 26, 1994 - 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. In, Mayor Powell called the regular meeting to order at 7:05 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Ed Eby, First Church of the Nazarene. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka Personnel Director, Wendy Widmann Golf Course Pro/Manager, Joseph O'Rourke Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Regular City Council Meeting January 26, 1994 Page Two 5. ~GENDA MODIFICATIONS (ADDITIONS AND/OR ~LETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). The City Attorney added a request for approval to extend the time limit for signing of the Sebastian Lakes Development Agreement. MOTION by Oberbeck/Freeland I would move that we add the item with regard-to Sebastian Lakes to the agenda under City Attorney's matters. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Vice Mayor Oberbeck requested that item F and H under New Business be reversed. MOTION by Oberbeck/Freeland I would move that we reverse the order under New Business of item H and item F. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor poWell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 6. PROCL~TIONS AND/OR ANNOUNCEMENTS Vice Mayor Oberbeck announced that the City of Fellsmere will be celebrating its 83rd birthday on March 5, 1994. Regular City Council Meeting January 26, 1994 Page Three 93. 020 7. PUBLIC HEARiNG~ ~,INAL ACTION 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 ~ote: 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. ORDINANCE NO. O-93-14 - Animal Regulations (Director of Community Development Transmittal dated 1/20/94, O-93-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/15/93, Advertised Legal Notices 1/12/94, PH and Final Adoption 1/26/94) Mayor Powell opened the public hearing at 7:10 p.m., and the City Attorney read Ordinance No. O-93-14 by title only. The Director of Community Development gave a brief explanation of the ordinance. Richard Saliba, counsel, and Linda Jackson, 998 Flamingo Avenue, Sebastian, addressed City Council on ownership of a pot-belly pig. Joan Carlson, Executive Director of Humane Society, Vero Beach, spoke on behalf of Linda Jackson, and suggested that regulations for the ownership and sales of pot-belly pigs be established. Ms. Carlson gave her credentials at the request of the City Attorney. 3 Regular City Council Meeting January 26, 1994 Page Four Mayor Powell closed the public hearing at 7:20 p.m. The Director of Community Development requested that if city Council amends the ordinance, a condition be established that the pig be housed inside and the City Attorney suggested that the type of swine allowed be established. MOTION by Damp/Oberbeck I move that we approve Ordinance No. 0-93-14.- A lengthy City Council discussion followed on allowing pot-belly pigs, it was decided that the City Attorney would attempt to draft language for approval at this meeting, and the motion was withdrawn by Damp/Oberbeck. Mr. Oberbeck expressed concern for section 18-28 (a) relative to keeping ten or more small animals. City Council concurred. MOTION by Oberbeck/Freeland I would move that we come back to ordinance No. 0-93-14 later in the meeting after the attorney has advised us of proper verbiage. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 CONSENT AGENDA 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. Approval of Minutes - 1/12/94 Regular Meeting, 1/13/94 Special Meeting Regular City Council Meeting January 26, 1994 Page Five 94.024 B. 94.005 C. Approve Purchase of Flail Axe Cutter Head Assembly for Unit 17 John Deere 2550 Tractor - Berggren Equipment Co. - $2,800.00 (City Engineer Transmittal dated 1/12/94, Vehicle Maintenance Foreman Memo dated 12/16/93) RESOLUTION NO. R-94-08 - Approving Interlocal Agreement - Establishing Council of Public Officials - Repealing R-94-03 (City Clerk Transmittal dated 1/17/94, R-94-08, Revised Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; AN iNTERLOCAL AGREEMENT AMONG INDIAN RIVER COUNTY, ITS MUNICIPALITIES AND SCHOOL BOARD; ESTABLISHING A "COUNCIL OF PUBLIC OFFICIALS" IN ACCORDANCE WITH SECTION 163.02 OF THE FLORIDA STATUTES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING RESOLUTION NO. R-94-03; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 94.020 RESOLUTION NO. Rt94r09 - Delete Assistant Golf Professional Job Description (City Clerk Transmittal dated 1/18/94, R-94-09) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE ASSISTANT GOLF PROFESSIONAL; DIRECTING THE CiTY CLERK TO DELETE THE JOB DESCRIPTION FOR ASSISTANT GOLF PROFESSIONAL FROM THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH, INCLUDING RESOLUTION NO. R-93-22; 'AND PROVIDING FOR AN EFFECTIVE DATE. The Director of Community Development read the consent agenda in its entirety, including the title for Resolution No. R-94-08. Vice Mayor Oberbeck removed item B. MOTION by Freeland/Oberbeck I move that we approve items A, C and D on the consent agenda. Regular City Council Meeting January 26, 1994 Page Six ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Item B The City Engineer responded to inquiries from Vice Mayor Oberbeck relative to budgeted funds for th~ purchase. MOTION by Oberbeck/Damp I would move to approve item B of the consent agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 9. PRESENTATIONS None. 10. CITY ATTORNEY MATTERS The city Attorney explained that the Sebastian Lakes Utilities Agreement is not finalized, therefore, he was requesting that the'City Clerk obtain a copy of the utility agreement when available from the Utilities Director and distribute it to City Council to review as soon as possible, and that the signing of the Development Agreement be extended to midnight on February 9, 1994. TAPE I - SIDE II (7:47 p.m.) 93.085 MOTION by Oberbeck/Freeland I would move that we authorize the City Clerk to postpone the signing of the development agreement with Sebastian Lakes until February 9, 1994, not to go beyond midnight. 6 Regular City Council Meeting January 26, 1994 Page Seven 94.003 94.005 11. 12. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 CITY MANAGER MATTERS None. COMMITTEE REPORTS/RECOMMENDATIONS ADDoint Five Members to Occupational License E u~ ~ Eommission (city Clerk Transmittal dated 17~ Mr. Freeland appointed Chuck Neuberger, Mrs. Damp appointed Wayne Tozzolo, Mrs. Corum said she had not received approval as yet, Vice Mayor Oberbeck appointed Burt Snell, and Mayor Powell appointed Jerry Clark tentatively. MOTION by Oberbeck/Freeland I would make one fell swoop motion that we go ahead and accept the people who have come forward to serve or who have been suggested to serve on the Committee establishing the occupational license equity study. Mrs. Corum suggested that any business person interested contact her or the City Clerk. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck ~ aye Mrs. Corum - aye MOTION CARRIED 5-0 ADDoint City Council Member to Council of Public Qf.fici.als (City Clerk Transmitta~ dated 1119/94) MOTION by Oberbeck/Corum I would move to appoint Bob Freeland to the Council of Public Officials. Regular city Council Meeting January 26, 1994 Page Eight ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 94. 025 ~onstruction BQard ~ Accept Res~tion of James Hanev~ HARV Contractor ~Director of ~ ~evelo mp~ T~ransmittal dated !118/94o Hane~ Letter dated ~ MOTION by Oberbeck/Corum I would move to accept the resignation of Mr. James Haney, HARV Contractor, from the Sebastian Construction Board with regret. VOICE VOTE on the motion carried 5-0. 94.026 Code Enforcement Board ~ Accept ResiGnation of Wayne ~ ~Director of Community Development Transmittal dated 1~19/94. Tozzolo Lette~ ~a~ed MOTION by Oberbeck/Corum I would move to accept the resignation of Wayne Tozzolo from the Code Enforcement Board, the reason for this being Mr. Tozzolo has moved on to the Construction Board. VOICE VOTE on the motion carried 5-0. 13. OLD BUSINESS None. Mayor Powell called recess at 8:00 p.m. and reconvened the meeting at 8:16 p.m. Ail members were present. Further discussion took place on revised language for Ordinance No. O-93-14. Mrs. Corum reported that Andre Dorawa of Ando Construction had volunteered for the Equity Study Commission and the City Clerk/Acting City Manager said the appointment would be placed on the February 2, 1994 agenda for approval. 8 Regular City Council Meeting January 26, 1994 Page Nine 94.027 14. NEW BUSINESS A. ~LECTION MATTERS Election P~oclamation - Callinq March 8. ~ General Election (city Clerk Transmittal dat~ 1/18/94. Proclamation) Mayor Powell read the election proclamation. 2. RESOLUTION NO. R-94-04 - March 8, 1994 Election - Designating Polling Places, Offices to Be Filled, Question to Be Decided (City Clerk Transmittal dated 1/18/94, R-94-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 8, 1994, FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING A CERTAIN REFERENDUM QUESTION ON THE BALLOT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-04 by title only. MOTION by Oberbeck/Corum I would move that we adopt Resolution No. R-94-04. ROLL CALL: Mayor P0well - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Regular City Council Meeting January 26, 1994 Page Ten 94.028/ 93.209 Formal Request for sup~rvisPr of Elections for ~ndian River County ~ C_pnduct Election ~ clerk Transmittal dated 1/18/94. SOE Memo dated ~ MOTION by Oberbeck/Freeland I would move to formally request that Ann Robinson, Supervisor of Elections for Indian River County administer the March 8, 1994 general election for the City of Sebastian. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 A_p_point One city Councilmember to C_Dnvassing Board {City Clerk Transmittal dated 1~18/94.) Mrs. Damp volunteered for the canvassing board and the City Clerk made the appointment. ORDINANCE NO. Q-94r01 - Cable Regulation (Finance - Staff Account Transmittal dated 1/20/94, O-94-01, FCC Form 328) 1st Reading, Set Public Hearing 2/9/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CABLE TELEVISION REGULATION; CREATING CHAPTER 105 OF THE CODE OF ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10 Regular City Council Meeting January 26, 1994 Page Eleven The City Attorney read Ordinance No. O-94-01 by title only. MOTION by Oberbeck/Corum I would move to approve Ordinance No. O-94-01 on first reading and schedule the public hearing to adopt same February 9, 1994. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye 94.029/ 93.017 MOTION CARRIED 5-0 Skydive Sebastian Inc. Sub-Lease from Clav Price (City Clerk Transmittal dated ~ Proposed Sub-Lease Airport Manager Letter dated 1/13~94j Price Letter dated 1/7/94, Articles of Incorporation) The Airport Manager addressed City Council on the request from Clay Price to sub-lease to Skydive Sebastian, recommended that the names of owners of Skydive Sebastian, Inc. be disclosed and that the corporation submit a statement that they agree not to convey the interest to another person without the City's consent. The City Attorney said this was a reasonable request and recommended that the lease be amended to prohibit the transfer of stock with the city's consent. Charles Clay Price, tenant of the airport, stated that Mark Price and Wanda Price were the owners of Skydive Sebastian, Inc., and said the corporation would like the ability to sell no more than 49% of the stock without coming back to the city. Mr. Price also requested that the current Skydive Sebastian, Inc. lease with Sebastian Aero Services be extended for two months. Mr. Price said he will act as agent for Skydive Sebastian, although not as registered agent in accordance with corporate law. A lengthy City Council discussion followed relative to ownership of the leased property, construction on the property, a proposed fuel truck and the question of other commercial activities on the leased premises. 11 Regular City Council Meeting January 26, 1994 Page Two MOTION by Oberbeck/Damp I would move that we approve the proposed two year lease as submitted by Mr. Price with regard to Skydive Sebastian. TAPE II - SIDE I (8:50 p,m.) ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 MOTION by Powell/Oberbeck i'd like to make a motion that we add this to the agenda, the request for extension of Skydive Sebastian lease which expires January 31st. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 The City Attorney recommended that language subsequent to FIRST be stricken and the word RESERVED be added. Mr. Price said the term of six months need to be stricken and changed to two months. MOTION by Oberbeck/Damp' I'm going to move to approve a sub-lease between Sebastian Aero Services and Skydive Sebastian for a period of two months beyond their existing lease. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 12 Regular City Council Meeting January 26, 1994 Page Thirteen 94.030/ D. 93.269 RESOLUTION NO. R-94-10 - Abatement of Existing Church on Bob Circle (Director of Community Development Transmittal dated 1/19/94, Director of Community Development Letter dated 11/9/93, Fischer Letters dated 1/7/94 and 1/12/94, R-94-10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUIRING THE ABATEMENT AND DEMOLITION OF AN UNSAFE STRUCTURE, PURSUANT TO SECTION 26-34 OF THE CODE OF ORDINANCES AND SECTION 102.5 OF THE STANDARD BUILDING CODE AND THE STANDARD UNSAFE BUILDING ABATEMENT CODE, CONSISTING OF TWO STRUCTURES WITH APPROXIMATELY 1,196 SQUARE FEET, LOCATED ON THE EAST SIDE OF BOB CIRCLE, NORTH OF COLUMBUS STREET, SOUTHEAST OF MAIN STREET, WEST OF THE FLORIDA POWER AND LIGHT 100 FOOT POWERLINE EASEMENT, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-10 by title only. The Director of Community Development gave City Council a brief history on the church and procedures that have been followed to preserve or demolish it. Indian River County Commissioner, Fran Adams, addressed city Council requesting an extension of thirty days to allow the church to be moved to Gifford as part of a memorial to Martin Luther King, Jr. John Dean, Architect, on behalf of the Faith Baptist Church, owner of the property, urged City Council approval of a six week extension. Ruth Stanbridge, Indian River County Historical Society, urged approval of the extension. Jimmy Anderson, 120 Bob Circle, Sebastian, gave a brief history of the church and expressed concern for an extension. 13 Regular City Council Meeting January 26, 1994 Page Fourteen The City Attorney recommended that the resolution be adopted with an amendment reflecting an alternate effective date. MOTION by Freeland/Oberbeck I'd like to make a motion that we approve Resolution No. R-94-10 with an effective date of March 1, 1994, to destroy the building if its still standing. The City Attorney made a minor language amendment to Section 2. Vice Mayor Oberbeck suggested that the septic issue be addressed immediately. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 94.031 Schumann Drive Drainaqe Improvements ~ Stormwater Discharge Permit ~ H.F. Lenz Co. - ~ ~0 Exceed 33,000.00 ~ Enqineer Transmittal dated 1/12~94j H.F. Lenz Proposal) The City Engineer gave a brief explanation. MOTION by Oberbeck/Corum I move to approve it (award the contract for engineering services to H.F. Lenz to permit the Schumann Drive drainage improvements not to exceed $3,000.00 and direct the City Attorney to review and approve the enclosed scope of services). The line "unless authorized by you" was stricken from number 4 under REQUIRED SERVICES, and "unless authorized by City Council" added, and "subject to modification" was added to the motion. TAPE II - SIDE II (9:44 p.m.) ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) 14 Regular City Council Meeting January 26, 1994 Page Fifteen 94.034 The City Attorney read the revised language to Ordinance No. 0-93-14. (see attached) MOTION by Oberbeck/Freeland I would move that we approve Ordinance'No. 0-93- 14 subject to the corrections as stated by the attorney. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Ammoniation System for Trihalomethane (THM) Control - En agD_q~ Hartman and Associates, Inc. - Engineerinq Services - $6,500.00 (Utilities Director Transmittal dated 1/19/94, Proposal) The City Attorney made a minor modification to Attachment A provision 5.5. MOTION by Oberbeck/Damp I'm going to move that we appropriate the funds in the amount of $6,500.00 and approve the Hartman proposal to provide engineering services for the trihalomethane control system. Harry Thomas, 654 Balboa Street, Sebastian, expressed concern for use of consultants. Mayor Powell read a comparison study for water rates. The Utilities Director stated that these funds are derived from the bond. Mrs. Corum suggested using local people. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye MOTION CARRIED 4-1 (Corum - nay) 15 Regular City Council Meeting January 26, 1994 Page Sixteen 94.033 G. 94.032 Park Place/Palm b~ke Club Interconnection ~ City Wastewater SYstem - Enqaqe Hartman a~ Associates, Inc.. ~ Enqineering Serv~ ~ ~ {Utilities Direct~ ~.r~nsmittal dated 1/19/94. Prop0sa~) The City Attorney recommended the same amendment to 5.5. MOTION by Corum/ - I make a motion to deny the use of Hartman and Associates for the cost of $21,260.00 to interconnect the City's wastewater system to Park Place and Palm Lake Club. MOTION DIED for lack of a second. MOTION by Oberbeck/Freeland I would move that we authorize and appropriate the funds in the amount of $21,260.00 and approve the Hartman and Associates proposal with corrections to provide engineering services for the "Interconnection of the Park Place/Palm Lake Club" Wastewater System with the Sebastian Highlands wastewater system. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Corum - nay) Park PlacelPalm Lake Club Interconnection with Cit~ Water Distribution System - n~ Hartman and Associates~ Inc. - Enqineering Services - $6,950.00 /Utilities Director Transmittal dated 1~ 19~94~ ~ Joe Morozowski, 3426 Heather Way, Sebastian, said the Park Place residents are currently negotiating with Nelson Hyatt for purchase of the park, urged city Council not to pursue interconnection at this time and questioned the interlocal agreement relative to the surcharge. 16 Regular City Council Meeting January 26, 1994 Page Seventeen The city Attorney responded relative to the legal opinion regarding the surcharge. The Utilities Director listed reasons for the interconnection. The city Attorney made the same modification to 5.5. MOTION by Corum/ I make a motion for Council to deny the $6,950.00 to Hartman and Associates to interconnect the water distribution system to Park Place and Palm Lake Club. TAPE III - SIDE I (10:24 p.m.) MOTION died for lack of a second MOTION by Oberbeck/Damp I move that we approve and appropriate the funds in the amount of $6,950.00 to engage Hartman and Associates proposal to provide engineering services for the Park Place/Palm Lake club water system interconnection system subject to correction as stipulated by the attorney. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Corum - nay) 15. MAYOR AND CITY COUNCIL ~4%TTERS MOTION by Corum/Freeland i would like to postpone Mayor and City Council matters to the end of the meeting. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - nay Mr. oberbeck - aye MOTION CARRIED 4-1 (Powell - nay) 17 Regular City Council Meeting January 26, 1994 Page Eighteen 94.035 94.036 16. 17. MOTION by Damp/Corum I would like to make a motion that we extend the meeting for 15 minutes. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - nay Mrs. Corum - MOTION FAILED due to lack of unanimous vote, the following items were not addressed, and will be carried to the beginning of the February 2, 1994 workshop. A. Mrs. Norma D~mP B. Mr. Robert Freeland C. Mayor Lonnie R. Powe!l D. Vice-MaYor Frank Oberbeck E. Mrs. Carolyn Corum ,INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) $.~1 Neglia~ President ~ ~ebastian Hiqhlands Property Owners Association - Request Monthly Aqenda Item C/~_~ Clerk Transmittal dated 1_~ ~eqlia Letter dated 1/16/94) Richard Rosenkranz ~ Jim Ca!dwell ~ Request Monthl~ Breakfast at ~ommunity center r senior citizens - Last Saturda~ of Each Month ~ ~ am to Noon - Waiver of Rental Fee and Securitv Deposit ~ S_2oonsored bv Treasure Coast Senior Services, SHARE. K~shi Church Foundation, and Sebastian ~ Women's ~lub (City Clerk Transmittal dated ~ Rosenkranz Letter dated 1/12~94, Application~ Being no further business, Mayor Powell adjourned the regular meeting at 10:30 p.m.. 18 Regular City Council Meeting January 26, 1994 Page Nineteen Approved at the Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk 19 , 1994, city Council Lonnie R. Powell, Mayor COD/'/'"/*, :F',LORZD~, ~Z~G ~~ 1S~ O~ ~ OOD~ O~ O~I~C~S OF T~ CIT~ O~ ~A~TI~, ~T~NING ~0 O~I~ C~S I~ CO~I CT ~TH ~ ~RO~DING CODIFI~TiON; ~RO~DING ~OR S~ILIT~ ~ ~ROVIDING FOR ~ EF~CTI~ DAT~. ~~S, ~e Ci=y Council of ~e City of Sebas=ian has de=~ined ~at an ~e~en= %o ~e ~i~al Con=to1 Ordinance of ~e City of Sebas=ian is ~ecessa~ %o acco~oda=e ~e desire of i=s citizens =o keep ani~al.s no= currently pe~i==ed wi=bin Ci=y of Sebas~ian~ ~~S, =he Ci=y s=aff has prepared revisions =o =he Code of Ordinances consis~en= wi~ ~e Council's desires; ~~, ~e.Ci=y Council has Qe=e~ined ~at an a~em~en~ ~o ~e Code of Ordinances rela~i~g =o =he keeping of certain animals is oonsis=en~ wi~ ~e public heal,h, safe=y a~d welfare of ~e City of Sebastian's NOW, THEREFOr, ~ IT ORDAINED ~Y TH~ CITY CO~CIL O~ CITY OF S~BASTI~, INDI~ RIVER CO~TY, FLORIDA AS ~OLLOWS: Sec~io~ ~ C~PTER 1S Chapter 18 of =he City of Sebas=ian Code of Ordinances hereby amended in i~s en~ire=y as follows: "ANIMALS ARTICLE I. IN GENERAL Sec. 18-1. City designa%ed bird and wildlife sanctuary; unlawful %o shoot or trap birds and certain animals; permit %o kill; signs. The City, including all lands- now and hereafter within its territorial limits, is hereby es%ablished as a sanctuary and a reserve for all birds and fur-bearing animals; and it shall be unlawful for any person %o 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 expressly granted to an individual or group by ~he city manager. The city manager is hereby authorized %o issue a permi: for =he killing or destroying of any birds and fur-bearing animals that become obnoxious or destructive. Appropriate signs of a permanent nature app~Dved by ~he city council may be furnished, placed and ~ain%ained at T_he principal entrances to,he city limits. Seos. 18.2--18.25. Reserved. Section 18-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to ~Lhe~m in %his section, except where the context clearly indicates a different meaning: ~ means all types of chickens, ducks, turkey, geese, guineas, or similar birds. ~ means all animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals. NonO9~e$.~i.¢ated animal means any animal other livestock, fowl or any dog, cat, bird or similar animal. %hah DanGerous ~ or reptile means any wild or feral mammal or reptile which by its nature or breeding has the capability of inflicting serious bodily injury to humans. Section 18-27. Animal Enclosure. All pens, cages, coops, lofts or enclosures wherein animals, fowl or birds are kept shall be securely built and maintained, adequate in size for the kind and number of animals, fowl or birds contained therein and maintained in a sanitary condition; such enclosures shall be cleaned and maintained so as to not become offensive to residents or businesses adjacent thereto. The keeping of enclosures under conditions allowing the breeding of flies is specifically prohibited. 2 Section !5-28. Pens, coops, etc. for small animals. (a) Any person keeping small animals, including but not limi%ed =o rabbi=s, guinea pigs, rats, mice and gerbils shall keep such animals in a pen, cage or enclosure meeting ~he requirements of Section 18-27. When more than two (2) but less Than =eh (10) such animals are kept, such pen, cage or enclosure shall be at least twenty (20) feet from any adjacent property line. In ~ ~ ~ ~h~ ~ D_~ o_~ suc~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Property ~ ~en ~ (b) Sma11 animals kept in or by a duly lioen~eC or es=~lished shel~er, veterina~ clinic, pe~ m=ore, z~, or educational or institutional research facility are exemp= from ~e provisions of ~is sec=ion. Sect/on 18-29. Keeping of fowl. (a) Any person keeping fowl shall keep them in a pen, coop, or enclosure meeting %he requirements of Section 18-27 of Lhis Article. No more than Cwo (2) such fowl may be kept on any single lot. (b) ~owl kept in or by a duly licensed or established shelter, veterinary clinic, pet s~ore, zoo, or educational or institutional research facility are exempt from =he provisions of T-his sect/on. Sect/on 18-30. Keeping of pigeons prohibited. It shall be unlawful for any person to keep or harbor pigeons within the city of Sebastian. Section 18-31. Keeping of livestock prohibited. (a) I= shall be unlawful for' any person =o keep, maintain, pen or feed livestock or nondomesticated animals wiLhin ~he City of Sebastian. ~ Notwithstanding %he ~ of ec~ 8-~~i_~ ~heol~ ~ o__f this ~ are cont~nuous..l¥ at all ~imes. ~ ~1~ ~ ~ pi~ ~er~naf~e~,,the ~ ~ay b~ kept. ~ainta~n.e~ ~ ~ fed ~ a ~ ~hich ~ ~ ~ a~ ~ ~ ~ ~ Jeast ~ (1) person: ~ ~ ~ ~ be ~ ~ ~ within the ~ ~ ~ primary ~ ~ ~ ~ on the resident, iai property for at ~ ~ ~ ~ 3 ~ The area outside of ~he residential structure or dwellin~ ~ ~he ~i~ is~ from ~ime ~_q time. main~ained~ ~ ~ or fed shall be enc;osed b_~ ~ ~ence hav~nq _a hei=ht of ~ less ~ four ~ ~ f33 A~ ~east .annually, ~he p~q shall be vaccinated ~or Dseudorabies. (41 ~ ~ annuallw ~he .R.i_g shall be :es~e~-bv ~ licensed veterinarian for brucellosis aD~ ~seudorabies. The 3~ ~ not be ~ ~ brucellosis pr Dseudorabies. ~ The Diu shall Do: be ~S.~d in any ~ venture; .~t shall b__e ~ept and Da~nta~ned solely as a ~et .for persona; p~easure. (¢) Livestock or nondomesticated ani=al,~ ke=t in or b__y duly jk~ ~ ~ ~ ~ ~e~ store. or educational or institu:ional research facility ate exemp~from ~be provisions of :his Section 18-32. Dangerous animals or reptiles. (a) i: shall be unlawful for any person to keep, raise, harbor, use, possess or have on his premises or under his control or attempted control any dangerous animals within the City of Sebastian. (b) Dangerous animals kept' in or by a duly licensed or established shelter, veterinary clinic, pet store, zoo, or educational or institutional research facility are exempt from ~he provisions of Lhis section. (c) In addition, it shall be unlawful for any person to keep, raise, harbor, use, possess or have under his control or attempted control any animals commonly know as ratites, which include, but are not limited to ostrich, rhea, emu and cassowary." ~. CONF~I eTS. All ordinances or par~s ordinances in conflic~ herewith are hereby repealed. of ,$ec%~.on 3- CODIFICATION. It is The intention of The City Council of The City of Sebastian, Indian River County, Florida, and it is hereby provided T_hat ~he provisions of T-his ordinance shall become and be made a part of T_he Code of Ordinances of T~he City of Sebastian, Florida; T_ha% T. he sections of T_his ordinance may be renumbered or relettered %o accomplish such intention; and T_he word "Ordinance,, may be changed to "Section," "A-~icle". or other appropriate designations. Senti.oD 4.. ~EFERABILIT¥. In T_he event a COLLar of competent jurisdiction shall hold or de~ermine ~hat any part- of T. his ordinance is invalid or unconstitutional, The re~aining provisions ofT. his ordinance shall wot be affected and i% shall be presumed T. ha% T_he Ci%y Council of ~he City of Sebastian did not intend %0 enact such invalid or unconsti%utional provision. shall further be assumed e. ha%e~he Ci%y Council would have enacted the remainder of T. his ordinance without said invalid and unconsti%utional provision, thereby causing said remainder · remain in full force and effect. ect~_~=~_~. EFF~CTIT~ DATE. This ordinance shall become effective.immediately upon its adoption. I The fore~pln~ ordinance was moved for adoption by Council- member O~~_ . The motion was seconded by C°uncilme~er ~ and, upon being put %o a i vote, ~he vote was as follows: Mayor Lonnie R. Powell i Vice-Mayor Frank 0berbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor_%hereupon declared %his ordinance duly passed and adopted %his ~ day of ~~ . .~, 199q. CITY(D~ASTIAN, F~A ATTES~: Ka~hr~. O'Hali0ran, CMC"/~E City Clerk ! ! I ~iRE~Y CERTZF~ rdua~ no~ice of public hearing on ~his ordinance was p~lished in ~e Vero Beach Press Jo~nal as re~ired ~ ~y S~a~e S~a~u~e, ~a~ one p~!~c he~in~ was hel~ on ~i~ ordinanoe a~ 7:00 p.m. on ~e ~day of ~, ~, and ~e following said p~lic hearin~ ~is ordinance ~as ~passed ~y ~e ~ City Clerk ~ Approv~e a~~m and con~.n~: --. I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING THURSDAY, JANUARY 27, 1994 - 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. 94.006 PURPOSE: PUBLIC HEARING - JOHN GIDEON SPECIAL USE PERMIT APPLICATION - PET CREMATORY Mayor Powell called the Special Meeting to order at 7:05 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Special City Council Meeting January 27, 1994 Page Two 94.006 4. PUBLIC HEARING - JOHN ~ SPECIAL USE PERMIT APPLICATION - pET CREMATORY The Assistant City Attorney advised City Council on procedures to be used in deciding this quasi- judicial matter, and advised that the public hearing be opened subsequent to applicant and staff presentation. The Assistant City Attorney swore in all those in attendance who intended to speak before City Council. John Gideon submitted University of South Florida- equipment test reports to City Council. Vice Mayor Oberbeck said he found it difficult to address this matter with new material submitted tonight. The Assistant City Attorney advised city Council that they could take a recess to review the material. The Director of Community Development clarified that the address in question is not 433 Fellsmere Road as indicated in a letter submitted by Mr. Gideon, but that the legal description on the application is the correct site. Mr. Gideon responded to Director of Community Development and City Council inquiries relative to building plans, experience and training, disposal of cremains, location of deliveries, equipment specifications, propane gas storage, TAPE I - SIDE II (7:51 p.m.) Betty Bull, 270 DelMonte Road; William Brois, 262 DelMonte Road; and A1 Vilardi, 445 Georgia Boulevard, all of Sebastian, addressed City Council. Following further City Council discussion, John Gideon withdrew his application. 5. Mayor Powell adjourned the meeting at 8:10 p.m. Approved at the , 1994, City Council Meeting. Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 94.010 City of Sebastian 1225 MAiN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING SATURDAY, JANUARY 29, 1994 - 9:00 A.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: City Manager Interviews 1. Mayor Powell called the Special Meeting to order 9:00 a.m. 2. The Pledge of Allegiance was recited. 3. ~,OLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Personnel Director, Wendy Widmann Deputy City Clerk, Sally Maio at Special City Council Meeting January 29, 1994 Page Two CITY MANAGER INTERVIEWS A. Dennis Beach City Council interviewed Dennis Beach, Assistant City Manager of Port St. Lucie. TAPE I - SiDE ii (9:50 a.m.) The interview continued. Mayor Powell called recess at 10:00 a.m. and reconvened the meeting at 10:15 a.m. All members were present. B. Ra~ Mester City Council interviewed Ralph Hester, City Manager of Holly Hill. TAPE II - SIDE I (10:57 a.m.) The interview continued. Mayor Powell called recess at 11:07 a.m. and reconvened the meeting at 11:20 a.m. All members were present. C. Richard Rozansk~ City Council interview Richard Rozansky, former City Manager of Winter Springs. TAPE II - SIDE II (12:03 p.m.) The interview continued. 5. Being no further business, Mayor Powell adjourned the meeting at 12:15 p.m. Special City Council Meeting January 29, 1994 Page Three Approved at the Meeting. , 1994, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC\AAE City Clerk Subsequent to adjournment, Mayor Powell called a Special Meeting 'to be held on February 2, 1994, at 6:00 p.m. prior to the regularly scheduled workshop to conduct an interview with the fourth applicant. 3 I City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, FEBRUARY 2, 1994 - 6:00 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. No public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. (R-93-19) PURPOSE: City Manager Interviews 1. Mayor Powell called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland city Clerk/Acting city Manager, Kathryn M. O'Halloran Personnel Director, Wendy Widmann Deputy City Clerk, Sally Maio Special City Council Meeting February 2, 1994 Page Two 4. CITY MANAGER INTE~ A. Joe~ L. ~Qford City Council interviewed Joel Koford, Assistant city Manager of Oakland Park. TAPE I - SIDE II (6:33 p.m.) The interview continued. 5. Being no further business, Mayor Powell adjourned-the Special Meeting at 6:44 p.m.. Approved at the Meeting. , 1994, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian I 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I MINUTES SEBASTIAN CITY COUNCIL I WORKSHOP MEETING WEDNESDAY, FEBRUARY 2, 1994 - 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. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. Mayor Powell called the workshop to order at 7:00 p.m. No Pledge of Allegiance (recited during prior meeting) 3. ROLL CALL Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland City Clerk/Acting City Manager, Kathryn M. O'Halloran city Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Marilyn Swichkow city Engineer/PW Director, Dan Eckis Chief of Police, Earle Petty Utilities Director, Richard Votapka Personnel Director, Wendy Widmann Golf Course Manager, Joe O'Rourke Deputy City Clerk, Sally Maio City Council Workshop February 2, 1994 Page Two AGENDA MODIFICATIONS ,ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). MOTION by Oberbeck/Freeland I would move that we strike item 11 (Mayor and City Council Matters). VOICE VOTE carried 5-0. 5. PROCLAMATIONS/ANNOUNCEMENTS 94.037 Presentat$oD of ~rtificates to Sebastian Police Department Community Service Molunteers /Chief of Police Transmittal a.~.d Memo dated ~ Mayor Powell presented certificates of appreciation to all Sebastian Police Department Community Service Volunteers (see list attached). ITEMS CARRIED FORWARD FROM THE JANUARY 26, 1994 REGULAR M~TING INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 94.035 Sal Neqlia, President - Sebastian ~hlands Property Owners Association ~ Request Monthly AGenda Item ~ Clerk Transmittal dated 1/19/94, Neglia Letter dated 1/16,94) Sal Neglia, 461 Georgia Boulevard, Sebastian, representing the Sebastian Highlands Property Owners Association, requested a permanent slot on the second City Council agenda of each month. City Council discussion followed. Mrs. Damp inquired whether any conflict existed since she is on the Board of Directors. The City Attorney said, in his opinion, there exists no legal conflict of interest. Discussion continued. A1 Vilardi, 445 Georgia Boulevard, Sebastian, urged approval and submitted a petition. 2 City Council Workshop February 2, 1994 Page Three 94.036 MOTION by Oberbeck/Corum i would move that we deny the request of the Sebastian Highlands Property Owners Association with regard to being placed on the agenda as a permanent item. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Richard Rosenkranz - Jim Caldwell - Request Monthly Breakfast at Community Center - Senior citizens - Last Saturda~ of Each Month - 8 am to Noon - Waiver of Rental Fee and ~ DePosit - Sponsored by Treasure Coast Senior ~ SHARE, Kashi Church Foundation~ an_~d Sebastian Junior Women's Club (Cit3 ~ ~ dated 1/19/94, Rosenkranz Letter dated 1/12/94, Application) Jim Caldwell, 922 Lanco Avenue, Treasure Coast Senior Services, requested use of the Community Center for a monthly breakfast. Richard Rosenkranz addressed City Council on the participants in the meals program, said the SHARE program is involved, as well as the Sebastian Junior Women, and urged approval. City Council discussion followed. Mr. Rosenkranz suggested a six month trial. A1 Vilardi, 445 Georgia Boulevard, Sebastian, recommended standard rates for all groups. The city Clerk/Acting City Manager said the Sebastian Community Center is the only reasonably priced hall that people can rent and that Saturday is the only day the center can be rented. City Council Workshop February 2, 1994 Page Four MOTION by Oberbeck/Freeland I would move to deny the request for use of the Community Center on one Saturday a month. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) TAPE I - SIDE II (7:47 p.m.) 3. ~ Sturm. 549 Saunders Street - City Council La_L~ Oaths 3Had S_i~ned to ~ Mr. Sturm read from the Florida Constitution relative to due process and alleged that the Code Enforcement Board is in violation of it. B. MAYOR AND CITY COUNCIL MATTERS 1. Mrs. Norma Damp Mrs. Damp conveyed to the City Engineer how happy the Handicapped Committee is with the new ramp; and inquired about parking of tractor trailers on U.S. 1, to which the Director of Community Development said the limit is two hours. 2. Mr. Robert Freeland Mr. Freeland announced the celebrity baggers day at Winn-Dixie on February 4, 1994; said issues should be decided on their merit; and discussed Golf Course revenues/expenditures and complaints about constant rule changes, on which the Finance Director and Golf Course Manager reported. 3. Mayor Lonnie R. Powel.1 Mayor Powell said he had concerns about purchases by Golf Course personnel and discounts. Mr. Freeland said that he had been informed that discounts are being given to certain individuals. City Council Workshop February 2, 1994 Page Five The Golf Course Manager and Finance Director responded. Mr. Oberbeck suggested an audit of the Golf Course. The item was placed on the February 9, 1994 agenda. 4. Vice-Mayor Frank Oberbeck Vice Mayor Oberbeck expressed concern about ill- informed people in the public; discussed a Florid~ League of Cities Sponsored Trust Funds information booklet; and read a news article regarding Fish and Wildlife. 5. Mrs. Caro~y_~ Corum Mrs. Corum inquired about the drinking water and the pay phone at the Community Center; discussed U.S. 1 median strip landscaping needs and suggested it be sent back to the architect, to which the City Engineer responded; and TAPE II - SIDE I (8:35 p.m.) suggested someone be hired to advise City Council on the Riverfront District. Mayor Powell called recess at 8:38 p.m. and reconvened the meeting at 8:54 p.m. Ail members were present. 7. CONSENT AGENDA 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. 94.038 Waiver of Bidding Procedure - Purchase Three Chevrolet Caprice Sedans - Jerry Hamm Chevrolet, Jacksonville - $13,144 Each - State Contract Price (Chief of Police Transmittal dated 1/12/94, Chief of Police Memo dated 1/12/94) City Council Workshop February 2, 1994 Page Six 94.003 B. 94.039 C. 94. 040 D. Appoint Andre Dorawa, Ando Building, to Equity Study Commission (City Clerk Transmittal dated 1/27/94) Douglas Development - Specimen Tree Removal Request - Several Pines - One Oak - Lots 1-5, Block 1, W.A. Martin Subdivision (Director of Community Development Transmittal dated 1/21/94, Application, Survey) Sebastian Panthers Request for Community Center - 2/11/94 - 6 p.m. to 11:30 p.m. - Fundraising Dance - Waiver of Rental Fee and Reduction of Security Deposit to $100 (Currently on Hold) (city Clerk Transmittal dated 1/25/94, Application) The City Clerk/Acting City Manager read the consent agenda in its entirety. Mrs. Corum removed item C. MOTION by Oberbeck/Damp I would move we approve items A, B, and D of the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item ~ - Specimen Tree Mrs. Corum expressed concern for removal of trees. MOTION by Corum/Oberbeck I move approval of item C of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 City Council Workshop February 2, 1994 Page Seven 8. CITY ATTORNEY MATTERS The City Attorney advised that anyone attending candidates forums read up on state law; advised against Council members talking to other members through a third party; and recommended that City Council consider adopting procedures regarding quasi- judicial matters. The adequacy of the application fee was discussed and the City Clerk/Acting city Manager was directed to review it. CITY MANAGER MATTERS The City Clerk/Acting City Manager suggested a special meeting be called for Saturday, February 5, 1994 to reach a decision on the City Manager. city Council concurred and the Mayor called the meeting. The City Attorney gave a brief report on the Julian property, advising that the purchase price had been reduced ($1,375,000) and sought direction on the preparation of a contract. Discussion took place on grant funds for land purchase. The Finance Director advised on alternative funding. MOTION by Oberbeck/Corum i would move that we put the item for the Julian property on the agenda. VOICE VOTE on motion carried 5-0. MOTION by Corum/Freeland I make a motion to direct the City Attorney to enter into a contract for $1,375,000 on the land referred to as the Julian property to the First Union Bank. The City Attorney inquired whether the motion actually was to direct him to prepare the contract and the Mayor and City Clerk to execute. Councilmembers Corum and Freeland concurred. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 City Council Workshop February 2, 1994 Page Eight 10. WORKSHOP ITEMS 94. 041 A. Indian River ~ Council on ~ Inc. ~r.Qposal Re: North County Senior Cente~ (city Clerk Transmittal dated 1/25/94. Fletcher be~ter dated ~ Mr. Oberbeck said he would abstain from this vote and file a conflict of interest form since he stands to gain financially by this item. Mr. Oberbeck was excused during this discussion. Arlene Fletcher, Director of Indian River County Council on Aging, Inc. submitted pamphlets and addressed City Council on the proposed purchase, by the Council on Aging, of the building currently being used by the Eagles Club for use as a senior center. She proposed that the congregate meals program be moved to the new center, requested City Council endorsement and approval to pay utilities and part of the maintenance, said the Eagles report the utility bill at $700-$800 per month. Mrs. Corum asked that this item be placed on the next agenda to send a letter to Indian River County. The City Clerk/Acting City Manager said the issue of using taxpayer funds needs to be reviewed prior to any definitive action. MOTION by Freeland/Corum I would move that we endorse the program for Council on Aging. ROLL CALL: Mr. Oberbeck - abstained Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-0 (Oberbeck abstained) Mr. Oberbeck returned to the meeting. 8 City Council Workshop February 2, 1994 Page Nine 94.042/ B. 92.069 Traffic Circulation Plan - Review Report and D_~rect Staff to Present Plan to Indian River County ~ Include Gibson Street Alignment in 20 Year Traffic Implementation Plan (cit~ ~neer Revised Transmittal dated 1/14/93, Maps, Plan Previously Distributed) Steve Godfrey, Kimley-Horn Associates, presented the final Traffic Circulation Plan. TAPE II - SIDE II (9:38 p.m.) Mr. Godfrey's presentation continued. The City Engineer discussed the two alternatives presented for the north/south corridor and said he leans toward Powerline Road (Exhibit C). It was the consensus of City Council to concur with Exhibit C and direct staff to present it to Indian River County. 94.043/ 93.248 Discuss Use for Old Librar¥lTeen Center Buildinq - Buildinq Inspection Report (City Clerk Transmittal dated 1/27/94. Director of Community Development Memo dated 1/26/94) Mrs. Corum was excused from 9:54 p.m. to 9:55 p.m. Sal Neglia, 461 Georgia Boulevard, Sebastian, spoke on behalf of the Sebastian Highlands Property Owners Association, relative to alternate uses. The City Clerk/Acting City Manager recommended the building be utilized by the Utilities Department. MOTION by Corum/ I make a motion to deny the recommendation for use this city owned building for the Utilities Dept. MOTION died for lack of a second 9 City Council Workshop February 2, 1994 Page Ten 94.044/ 93.050 94. 045 94.046 MOTION by Freeland/Oberbeck I make a motion to allow the Utilities Department to use the Teen Center building and staff come back with a proposal. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay MOTION CARRIED 4-1 (Corum - nay) ~.iYerview Park Conceptual Plan (City EnGineer Transmittal dated ~ Revised Site ~.~an Under Separate Cover) Discussion took place on moving the pavilion further to the east side of the park, but no changes were made. The City Engineer was directed to proceed with a survey. Determine Whether City Council Wishes to Su~_port the Extension of the Sebastian Inlet Channel by Means of a Resolution C/_q~ ~ Transmittal dated 1/27/94, Collins Lette~ dated !~17/94J TiDDin ~etter dated 1/7f94, IRC Resolution~ Sun Article) MOTION by Oberbeck/Freeland I would move that we support the inlet channel on the west side of the channel to the Intracoastal Waterway by means of a resolution. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland ~ aye MOTION CARRIED 5-0 Golf Course Foot Bridqe (City Enqineer Transmittal dated 1/27/94. Anderson Aqreement, City ~nqineer Memo dated 1/24/94) Thomas Wojciechowski, and A1 Vilardi, 445 Georgia Boulevard, Sebastian addressed City Council. 10 City Council Workshop February 2, 1994 Page Eleven MOTION by Corum/Damp I make a motion that we deny the appropriations for these two foot bridges. The City Attorney addressed City Council. TAPE Iii - SIDE I (10:25 p.m.) ROLL CALL: Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - nay Mayor Powell - nay MOTION FAILED 1-4 (Oberbeck, Damp, Freeland and Powell - nay) MOTION by Oberbeck/Freeland I would move that we direct the City Manager to direct the City Engineer to proceed with ordering the concrete pilings and that we engage in replacing the foot bridge that existed. Discussion took place on the source of funding. Mr. Oberbeck added to his motion that the appropriation be contingent upon use of general revenue funds and the City Clerk/Acting City Manager was directed to bring back a report. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) 94.047/ 93.336 Discuss Scrub Jay Issue ~Director of Community Development Transmittal dated ~ Fish & Wildlife ADDlication. Draft Letter~ F & W Letter dated 12/22/93) Frank Fuchs addressed City Council regarding his request to Fish and Wildlife for 10t clearing and requested that City Council continue to pursue the matter to alleviate hardship on property owners. Maggie Bowman addressed City Council on recharge of the aquifer along the Atlantic Coastal Ridge. 11 City Council Workshop February 2, 1994 Page Twelve At 10:30 p.m. motion was made. MOTION by Corum/Damp I make a motion we extend the meeting fifteen minutes. ROLL CALL: Mrs. Damp - aye Mr. Freeland - nay VOTE was suspended due to no vote - unanimous required. 12. Mayor Powell adjourned the workshop at 10:30 p.m. Approved at the Meeting. , 1994, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 12 I SEBASTL4_N POLICE i,, DEPARTMENT ...... Earle h. Petty, Chief of Police i Office of the Chief 1225 Main Street Sebastian, FL 32958 (407) 589-5233 IIIIII IIIII II II DATE : January 19, 1994 ~0 I~ROM SUBU'ECT.: Xa~t~ryn O'Halloran, Acting City Manager Earle Petty, Chief of Poli~ Certificates of Service for Police Department Community Service Volunteers Request that Mayor Powell present the following Community Service Volunteers with a Certificate of Service at the City Council Workshop on February 2, 1994; 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 13. 14. 15. 16. 17. 18. 19. Kathy Brauer Howard Brauer Julio Carosi, Coordinator Pauline Carosi Terry Carosi Clyde Engle Marvin Goldman Albert Jordan Earl Kieffer, Assistant Coordinator Joseph Morozowski Paul Mouser Charles Neri John Price James Stanberry Helen Sterling Robert Stuart James Sweeney Robert Vollmar, Chaplain Carl Wolf Our volunteers donated 3,448 hours of service to the police department and the community. They are dedicated, enthusiastic people with lots of energy and good ideas. They provide our department with the additional resources needed to meet the community's call for service. They are not an arm of the police department, they are the heart of the city. EP/jh City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: DRUG FREE WORKPLACE APPROVED FOR SUBMITTAL BY: Acting City Manager: ~. ~'~ AGENDA NO. \ '~, ;'~., Dept. Origin Personnel Date Submitted For Agenda Of 02/09/94 Exhibits: ATTACHED DRUG POLICY AND MEMO DATED 2104194 EXPENDITURE QuzRED: N/A AMOUNT BUDGETED: APPROPRZATZON QUZ D: N/A SUMMARY STATEMENT On June 3, 1993 the City Council requested that the attached policy be reviewed by our Labor Attorney prior to the Council voting on this policy. (I apologize for the delay. The attorney that was handling it left the firm, and I neglected to follow up on it.) Jim Linn from Carson, Linn & Adkins has reviewed the policy and suggested three changes which I have incorporated into the final draft along with some language changes that is before you tonight. As I mentioned to you previously, a drug-free workplace and drug testing policy makes good management sense and may help the City save money in the event an impaired employee is injured on the job. This pollcy complies with Florida Statutes, Section 440.101 and 440.102 on Workers Compensation and Section 112.0455 on the Drug- Free Workplace Act. The attached policy, if approved, will be incorporated into Section 14.08, Miscellaneous Rules & Benefits, of the City's Standard Operating Procedures. RECOMMENDED ACTION Review and adopt Resolution No. R-94-11, The Drug Free Workplace and Drug Testing Policy, for incoporation into the Standard Operating Procedures. RESOLUTION NO. R-94-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A POLICY ON A DRUG FREE WORKPLACE; PROVIDING FOR INCLUSION OF SUCH POLICY IN THE CITY OF SEBASTIAN'S STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE iT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION1. The City of Sebastian Drug Free Workplace and Drug Testing Policy, attached hereto as Exhibit "A" is hereby adopted. SECTION2. The City Clerk is hereby directed to supply a copy of this policy to the Mayor and members of the City Council and all Department Heads for inclusion in the Standard Operating Procedures for the City, under Section 14, Miscellaneous Rules & Benefits, 14.08. The City Clerk shall note the number'and date of this Resolution on said policy. SECTION 3. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , ~994. ATTEST: Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Chalres I. Nash, city Attorney CITY OF SEBASTIAN, FLORIDA BY: Lonnie R. Powell, Mayor CITY OF SEBASTIAN DRUG TESTING POLICY OBJECTIVE The purpose of this policy is to promote a drug and alcohol free workplace. The following policy outlines the City's procedures concerning drug testing. Such tests will be in agreements and with confidentiality. conformance with applicable collective bargaining standards of care concerning chain of custody and i DEFINITIONS Alcohol - means ethanol alcohol or any beverage containing more than 1/2 of 1% of alcohol by volume which is capable of use for beverage purposes, either alone or diluted. Alcohol Testing - means testing for blood alcohol content by a breathalyzer ~ instrument device or drawing or collecting a blood or whole blood sample and laboratory analysis therein. Chain of Custody - refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, storing specimens, and reporting of test results. Drug - means alcohol, including a distilled spirit, wine, a malt beverage or · an intoxicating liquor, an amphetamine, a cannabinoid, cocaine, phencyclidine (PCP), a hallucinogen, methaqualone, an opiate, a barbiturate, a benzodiazepine, a synthetic narcotic, a designer drug, or a metabolite of any of the substances listed in this paragraph. An employer may test an I individual for any or all of such drugs. Employee - means any person who is compensated through the City payroll for ~ services. Initial Drug Test - means collection of a urine specimen by medical personnel and a laboratory analysis of that specimen by a sensitive, rapid, and · reliable immunoassay procedure to identify negative and presumptive positive specimens. Confirmation Test - means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific principle from that of the initial test procedure. Job Applicant - means a person who has applied for a position within the City and has been offered employment conditioned upon successfully passing a drug test, and may have begun work pending the results of the drug test. PROCEDURE__S FO__RTESTIN_~GEMPLOYEE__S A supervisor who has reasonable suspicion to question whether an employee has ingested, inhaled or injected a drug or has ingested an alcoholic beverage prior to reporting for, or while on duty shall: in chain of command to request a personal supervisor his/her observation and review of specific objective instances of the employee's conduct to confirm that reasonable suspicion exists. The employee may not be subject to testing without the confirmation of reasonable suspicion by a supervisor. -Prohibit the employee from continuing to work; -Transport the employee to a designated site for testing. After testing, arrange for safe transportation to the employee's residence or a place selected by a relative or friend of the employee; ' -Prepare appropriate documentation and take appropriate disciplinary action; -Encourage the employee to voluntarily consult with a Preferred Provider ' Organization (PPO) or employee assistance program for counseling, if facts and circumstances warrant. Employees who experience work-related or personal problems resulting from drug, narcotic, or alcohol abuse or dependency may request, or be required to Such is confidential and will not have seek, counseling help. counseling any influence on performance appraisals. Job performance alone, not the fact that an employee is or has been in counseling, is to be the basis of all performance appraisals. Supervisors are prohibited from demanding or encouraging alcohol or other drug testing without reasonable suspicion. Willful disclosure of test results to persons not involved in the disciplinary procedure may merit appropriate disciplinary and legal action for improper disclosure. The Personnel Department will provide employees, upon request, with a list of names, addresses and phone numbers of employee assistance programs and local alcohol and drug rehabilitation programs. Employees who are abusing drugs or alcohol may be granted a leave of absence to undertake rehabilitation treatment. Employees will not be allowed to return to work until certification is presented to the Personnel Department that the employee capable forming his/her job. cooperate is of Failure to with an agreed upon treatment plan may result in discipline, up to and including termination. ' CONSEQUENCES OF REFUSING TO T,AKE ,~UG TEST Refusal by an employee to submit to alcohol or drug testing upon reasonable suspicion will result in discipline, up to and including termination, in accordance with the appropriate collective bargaining agreement and this policy. Reasonable Suspicion - means belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing shall not be required except upon the recommendation of a supervisor or as outlined in the applicable collective bargaining agreement. If the absence of a collective bargaining agreement at least one level of supervision higher than the immediate supervisor must also base his/her conclusion on: 1. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. 2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 3. ~ A report of drug use, provided by a reliable and credible source. 4. Evidence that an individual has tampered with a drug test during his employment with the City. 5. Information that an employee has caused, or contributed to, or been involved in an accident while at work. 6. Evidence that an employee has used, possessed, sold, solicited or transferred drugs while working or while on the City's premises or while operating the City's vehicles, machinery, or equipment. APPLICANT PROCEDURES AND,,,N0~IF,!CATION Job vacancy announcements shall include a notice of drug testing for all positions. A notice of the City's drug testing policy will be posted in an appropriate and conspicuous location. Applicants will be notified that if hired, they will be required to submit to an alcohol or other drug testing and as employees, based upon reasonable suspicion as defined in this section of the policy or the appropriate collective bargaining agreement. Refusal of applicants to submit to alcohol or drug testing as a component of the application process will bar the applicant from employment with the City. An applicant whose test results are positive will be rejected for employment for a period of one year. DRUG TESTING PROCEDURES Ail drug testing of employees and applicants shall be conducted at medical facilities or laboratories certified by the U. S. Department of Health and Human Services (HHS) or licensed by the Florida Agency for Health Care Administration. Chain of Custody procedures shall be consistent with HHS guidelines to - maintain the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition. If an employee or applicant is taking a medical prescription, the employee or applicant must furnish a medical statement from a physician specifying the drug being taken or the physical proof of the prescription. ' If this statement is submitted in advance of the drug test, positive test results may not be cause for rejection. The following is a list of some of the' more common over the counter medications which may affect test results: Antihistamine (Bromfed, Dimetane, Dimetapp, Drixoral, Dramine, Benadryl, Nyquil, Tylenol Nighttime Cold Medicine, Alka-Selzer Plus, Contact, SinuTab, Sine-off, Vicks Formula 44, Sudafed Plus, Tylenol Allergy Sinus, Tylenol Cold Medication, Actifed,*) Cough Suppressant (Benylin DM Cough Formula, Comtrex, Contact Cough Formula, Medi-Flue, Naldecon DX, Novehistine, Nyquil, Robitussin, Sucret Cough Control, Tylenol Cold Medication, Vicks Formula 44,*) Decongestant - Primatene, Bronkaid, Bronkolixir, Acutrim, Allerest, Contact, Dexatrim, Dimetab, Robitussin-CF, Triaminic-DM, Actifed, Allerest, Benadryl, Plus, Nyquil, Robi'tussin-PE, Sudafed Plus, Tylenol Cold & Flu, Vicks Formula 44-D and 44M, Chlor-Trimetron Decongestant, Sinutab Maximum Strength,*) (*AMA guide to Prescription and Over-the Counter Drugs) The specimen collector shall elicit and record from the employee or applicant all over-the-counter medicines recently taken, or being taken, at the time of the drug test. Positive test results showing prohibited drug or drug metabolite shall not be cause for rejection where there is a legitimate medical explanation for the result as determined by the physician. One (1) specimen shall be collected sufficient for two (2) drug tests as determined by the Department of Health and Rehabilitative Services: Initial Drug Test: If negative, reported negative. If positive, a confirmation test shall be conducted. Confirmation test: If negative, report negative, positive with Quantitative Value. If positive, reported 4 If the results of the tests are positive, appropriate action shall be imposed after the following procedure has been followed: Within five (5) working days after receipt of a. positive confirmed test result, the Personnel Director shall notify the employee or job applicant in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant. Upon request, the Personnel Director shall provide a copy of the test results to the employee or job applicant. Within five (5) working days after receiving notice of a positive confirmed test result, the employee or job applicant may submit information to the Personnel Director explaining or contesting the test results, and why the results do not constitute a violation of the City's policies. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for at least 210 days from the date the results were confirmed. If an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant must notify the laboratory and the sample shall be retained by the laboratory until the case or administrative appeal is settled. STANDARD FOR DRUG/ALCOHOL TESTING When drug screening is required under the provisions of this policy, the ~ following standards, or the most current established NIDA standard, shall be used to determine what levels of detected substances shall be considered as positive. The City's drug screening looks at eight (8) drugs: Initial: Amphetamines Barbiturates Benzodiazepines Cannabinoids (THC, Marijuana) Cocaine Methaqualone (Quaaludes) Opiates Phencyclidine (PCP, Angel Dust) Detection Limits 1000 ng/ml 300 300 100 300 3OO 300 25 When alcohol screening is required under the provisions of this policy, the standard which shall be used to determine what level of alcohol shall be considered as positive shall be: 0.05% or more by weight of alcohol in the person's blood. The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. 5 CONSENT TO DRUG TESTING Before an alcohol or other drug test is administered, employees or job applicants shall be asked to sign a consent form authorizing the test and permitting release of test results to the City Personnel Director. The consent form shall provide space for employees and applicants to acknowledge that they have read and understand this drug testing policy. CONFIDENTIALITY Ail information relating to the alcohol or drug test is confidential. Disclosure of test results to any other agency or organization is prohibited unless written authorization is obtained from the applicant/employee, or the records become the subject of an administrative or judicial proceeding. SUPERVISORY TRAINING Ail supervisory staff will be trained to: 1. Identify basic categories of alcohol and drug abuse and their effects; 2. Understand and intervene in instances of reasonable suspicion; 3. Understand the methods of City alcohol and drug testing procedures; 5. Effectively and appropriately document cases of reasonable suspicion; 6. Deal with performance and safety issues as relates to alcohol and drug abuse situations. REHABILITATION Any employee who voluntarily comes forth and requests assistance will be encouraged to obtain assistance through the City's health insurance program. Employees can also avail themselves of any assistance programs or rehabilitation programs as outlined in a list provided by the Personnel Department upon request. Employees will be afforded one (1) opportunity to successfully complete a rehabilitation program under the City's health insurance program. Any subsequent alcohol and drug testing that reveals a positive result will culminate in immediate dismissal action. Employees may be drug or alcohol tested if, during the course of employment, enters an employee assistance program for drug/alcohol related problems, or an alcohol and drug rehabilitation program. Such tests may be performed on a quarterly basis for up to two (2) years thereafter. RESPONSIBILITIES The Personnel Department is responsible for notifying employees, supervisors and applicants of the City's alcohol and drug policy. The Personnel Department is responsible for maintaining all alcohol and drug testing results. The Personnel Department is responsible for providing technical assistance to all management and employees. The Personnel Department is responsible for providing employees, upon request, with a list of names, addresses and telephone numbers of employee assistance programs and local alcohol and drug rehabilitation programs. Supervisors and Department Heads are responsible for documenting poor performance, for recognizing reasonable suspicion of alcohol or drug use by employees, and for carrying out the procedures in this policy. Ail employees are responsible for reporting to work free from the effects of t alcohol and drug abuse. Ail employees are responsible for maintaining a drug free work place environment. EMPLOYEE ASSISTANCE PROGRAMS AND LOCAL ALCOHOL AND DRUG REHAB PROGRAMS A New Beginnings Program Indian River Memorial Hospital 1000 36th Street Vero Beach, Fl. 32960 407-562-9206 Life Works 2183 Ponce De Leon Circle Vero Beach, FL 407-770-9070 Alpha Health Services Raymond M. DeCastro, M.D. 1025 Orange Avenue Fort Pierce, FL. 407-595-9495 New Horizons of the Treasure Coast 2300 3rd Court Fort Pierce, FL 407-778-7217 Center for Counseling & Addictions Recovery 1031 18th Street Vero Beach, FL 407'567-4254 Palm Beach Institute 1014 N. Olive Avenue West Palm Beach 1-800-433-5098 Family Center of Vero Beach 1845 t4th Avenue Vero Beach, FL 32960 407-778-5523 Forbes-Wolfe, Gwen, MS. LMHC 3975 20th Street vero Beach 407-569-3100 Glenbeigh Health Sources 4700 N. Congress Avenue West Palm Beach, FL 407-848-5500 Harbour Shores Hospital 1860 Lawnwood Fort Pierce, FL 1-800-433-2673 Heritage Addictions Treatment Center 2000 Commerce Drive Melbourne, FL 1-800-782-1033 Indian River County Drug Hotline 4055 41st Avenue Vero Beach, FL 407-778-0000 Sandypines Private Psychiatric Hospital - Just for Kids 11301 SE Tequesta Terrace Tequesta, FL 1-800-525-0211 Savannas Hospital 2550 SE Walton Road Port St. Lucie, FL 1-800-486-3006 Total Lifestyle Center 777 37th Street Vero Beach, FL 407-567-6340 Twin Rivers Treatment Center 400 E. Sheridan Road Melbourne, FL 407-722-5267 Narcotics Anonymous Sebastian 589-4520 AA Alcoholics Anonymous 855 21st Street 407-562-1114 TO: INTER-OFFICE MEMORANDUM ALL EMPLOYEES DATE: FEBRUARY 4, 1994 AND APPLICANTS FROM: KATHRYN O'HALLORAN RE: ACTING CITY MANAGER DRUG FREE WORKPLACE It is the policy of the City of Sebastian to maintain a work place that is free from the effects of drug and alcohol abuse. This policy is written in furtherance of both the Federal and State Drug-Free Workplace Acts, and the Drug-free workplace program requirements under Workers' Compensation, section 440.101 and 440.102 COMMENT The City will not hire alcoholics or drug abusers whose current use of such substances prevents them from performing their jobs or who would constitute a direct threat to the property or safety of others. Whenever applicants for employment are tested for the presence of such substances, they are informed of the test in advance. If an applicant does not want to take this drug test, he/she can withdraw his/her application. Employees are prohibited from the use, sale, dispensing, distribution, possession, or manufacture of illegal drugs and narcotics or alcoholic beverages on .City premises or work sites. In addition, employees are prohibited from the off-premises use of alcohol and possession, use or sale of illegal drugs when such activities adversely affect job performance, job safety, or the City's reputation in the community. Employees will be subject to disciplinary action, including and up to termination, for violation of this policy. Employees may be required to take a test at any time as outlined in the applicable collective bargaining agreement or in the City's Standard Operating Procedures. Ail information relating to an alcohol or drug test is confidential unless written authorization is obtained from the applicant or employee, or the records become the subject of an administrative or judicial proceeding. A list of employee assistance programs and local alcohol and drug rehabilitation programs may be obtained from the Personnel office. PAGE TWO DRUG-FREE During the testing procedure employees/applicants will have an opportunity to report, to the specimen collector, his/her use of prescription or non-prescription medications. The current drug screening test looks at eight drugs: Amphetamines; barbiturates; benzodiazepines, cannabinoids, cocaine, methaqualone, opiates, and phencyclidine. One specimen shall be collected to be used for two (2) drug tests. The initial drug test undergoes an analysis by a sensitive, rapid and reliable immunoassay procedure; the confirmation test uses a second analytical procedure which must be different in scientific principle from the first test. If the results of the second test come back positive, the applicant/employee must notify the laboratory if they intend to file any administrative or civil action as a result of the drug test results. Applicants/employees also have the right to consult with the testing laboratory for technical information regarding prescription and non-prescription medication that may affect the results of the tests. · For additional information on the City's policy on Drug and Alcohol Testing, please refer to the Standard Operating Procedures, Section 20, which outlines the policy in more detail. The Drug-free Workplace Act requires employers to provide each employee and applicants with a copy of this policy. Therefore, I am asking that all employees sign both copies and return one copy to the Personnel Department no later than May 21, 1993. Thank you for your cooperation in this matter. With your help and assistance the City of Sebastian will continue to be a safe and drug free work place. Receipt Acknowledged: Employee Signature Date City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 "' FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-94-12 Vacation of Easement Lots 1 & 2, Block 107, Unit 2 APPROVED FOR SUBMITTAL BY: City Manager: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: * R-94-12 * City Engineer Memo dated 1/20/94 * Application * Drawing City .Cl.erk 2/3/94 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT We have received an application from David and Joyce Therrien, 685 Erv~n Street, Sebastian, for vacation of the easements on the north five feet of Lot 1 and the south five feet of Lot 2, Block 107, Unit 2, Sebastian Highlands, to' enable them to construct a garage. There have been no objections received from any staff member or utility. RECOMMENDED ACTION Move to adopt Resolution No. R-94-12. RESOLUTION NO. R-94-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH FIVE FEET OF LOT i AND THE SOUTH FIVE FEET OF LOT 2, PUBLIC UTILITY AND DRAINAGE EASEMENT OF BLOCK 107, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the city of Sebastian, Indian River County, Florida, as follows= ~.ECTION 1. VACATION OF EASEMENT. That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The north five feet of Lot 1, and the south five feet of Lot 2, public utility and drainage easement of Block 107, Sebastian Highlands Unit 2, according to the plat thereof, recorded in PBI 5-35, Public Records of Indian River County, Florida. SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are'hereby repealed. SECTION 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. SECTION 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon final passage. City The foregoing Resolution was duly passed and adopted by the Council of Sebastian, FlOrida, this day of , 19 . CITY OF SEBASTIAN, FLORIDA ATTEST: by: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared Lonnie R. Powell and Kathrvn M. O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of ......... , 19 . Lihda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Charles I. Nash, City Attorney 2 DATE: TO: FROM: RE: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 January 20, 1994 Kathryn M. O'Halloran City Clerk Daniel C. Eckis, P.~~ City Engineer/Public '~Fks Director Abandonment of Easement North 5 feet of Lot 1 and the South 5 feet of Lot 2 I have reviewed the request for abandornuent of easement and i have no objections to this abandonment being approved, for construction of a garage. Should you have any questions or need any further information, please feel free to contact our office. DCE:lk C~TY OF SEBASTIAN 5" ~'~ ~PPL1-CA?I'ON FOR VACaTe0 (This request shall no be ~ccepted unless completed in fu~ *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (Atta6h des~rtpti6h on at'acCent If ~ecessary) ' DESCRIPTIVE LOCATION OF ~SEMENT TO B~ ~DONED: (This item to be filled in by Building Official) APPROXIMATE SIZE OF EASEMENT:_~_~__feet in length~ln width PURPOSE FOR REOUEST TO VACATZ: (Explain in detail your need to release this easement) I HEREBY CERTIFY that I, the Applicant, OWn the real property on which the easement I request to vacate exists, or I am authorized to present this request to.vacate by the owner of the real Signed: (t__itle, .t~_f' eny). " Date I-- I ~- 9 ~ Please Print N~m~ ~e Attach hereto the ( ) 1. Map, p~at, survey, or clear drawing at least 8 1/2" x 1~" showing the garcel of land on which the easement ex~sts, with parcel(s) of lanO aSJaoent to the easement to be vacated. S~OW THE EASEM~T CLEA~Y ON D~WINg. ( ) 2. Comglete legal Oesoription of the parcel of land on which (N/A) the easement exists ~f the fu~l description cannot be placed on the lines provided above for the description. ( ) 3. Written authorization of the owner of the parcel of land (N/A) on which the easement exists ~f the applicant Is not the ( ) 4. IF IT I$ NECESSARY TO GRANT BACK ANOTHER EASEMENT TO (N/A) REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF Tile NEW EASEMENT. ( ) 5. Attach a check or money order payable to "Tbs City of Sebastian" upon submittal of this application to the Office of the City Clerk. This application fee is not refundable. The fee is $25.00. ( ) 6. OTHER: ~e: ~ban~,app d ~'"'-~- ..... Z~iZ ....... ~ .... t) . ~ ....... ."'7_ .......... -_ ....... ~ ~ 'z -.~ ...... . .~::.-:.-:: . . ...................................................... :i~.-. ..._'-'i~.:'.. :. .._--":".-.i.~i ...... . ". -'.ii~ .................. .~'.~':z:..'--._.....~ ~i'~.[i'...',~.TEL'? ...... -... i. ' ......... ~'.i · i~:~-'.~--" ~. '..'. '...'"' ...-'.'~.~..~',",'". ~, ~'-.'~-.. -~¥'-"~--'-::-":~- :-'"- ~-----~.,- ..~ ~::'~: -t: '. ~.:--E! :~:' ""~_ :: ...... · :_:_.~:~:.'::'":'." .,-~ ::- ~ ~.~_.-._..---~..:l-._~_,..~ - - ~ ~_ ............. :.. .... · .:z-~:':z~... J :_ ' '."':': ::-~ '~'-'_c'T': ~l~-' ~ ~:, - ...... . ............t .... - .... ~-- -~1~ t'- - C i City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-94-14 Support Extension of Channel Sebastian Inlet to Intracoastal APPROVED FOR SUBMITTAL BY: City Manager: ~/C3'~ Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: * R-94-14 ,City Cler~k 2/3/94 2/3/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUNIM. ARY STATEMENT The City Council, at its February 2, 1994 workshop, approved supporting the Sebastian Inlet Tax District application for extension of the channel from Sebastian Inlet to the Atlantic Intracoastal Waterway by means of a resolution. RECOMMENDED .ACTION Move to adopt Resolution No. R-94-14 and send a certified copy to the Corps of Engineers and Department of Environmental Protection. RESOLUTION NO. R-94-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE SEBASTIAN INLET TAX DISTRICT TO EXTEND THE CHANNEL FROM THE SEBASTIAN INLET TO THE ATLANTIC INTRACOASTAL WATERWAY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian Inlet Tax District is seeking authority from the State of Florida to extend the channel from Sebastian Inlet to the Atlantic Intracoastal Waterway; and WHEREAS, such an extension would allow large vessels to enter the waters in Indian River County; and WHEREAS, the entry of said vessels would result in a positive economic impact on businesses in Indian River County that provide marine services; and WHEREAS, although extension of said channel will result in some removal of seagrass, it will also control the passage of watercraft operating in the area and thus save seagrass beds adjoining the channel and in the general area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDa, that: SECTION 1. ENDORSEMENT. The City Council of the City of Sebastian hereby supports the application of the Sebastian Inlet Tax District to extend the channel at the Sebastian Inlet to the Atlantic Intracoastal Waterway for the reasons stated above. SECTION 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This effect immediately upon its adoption. Resolution shall take The foregoing Resolution was Counclmember Councilmember vote, the vote was as follows: Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland moved for adoption by The motion was seconded by and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian 1225 MAIN STREET ~. SEBASTIAN, FLORIDA 3295;8 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENq)A FORM SUBJECT: Councilmember Corum Request to Attend National Arbor Day Foundation Workshop _~.~ROVED FOR SUBMITTAL BY: City Manager... ~/- ~'/4 OEO Dept. Origin Date Submitted For Agenda Of Exhibits: * Brochure EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $150 plus travel BUDGETED: $1000 (Educ.) REQUIRED: $1000 (Travel) SUMMARy In accordance with Section 2-34 of the Code of Ordinances, "Sec. 2.34. Expenses of Council members. Any Council Member desiring to be reimbursed for expenses that he or she will incur, in connection with any conference, meeting, program, institute, seminar or other function which the council Member intends to auend on behalf of the City and in furtherance of the business of the City, shall first seek the prior approval from the City Council. Upon the prior approval of the C~ty Council by a vote not less than three Council Members in attendance at a ~ty Council meeting, the expenses incurred by a Council Member who attended a conference, meeting, program, institute, seminar or other function on behalf of the City and in furtherance of the business of the City, shall be reimbursed by the City subject to the limitations contained in the laws of the State of Florida, including, but not limited to, Chapter 112 of Florida Statutes, as amended from time to time." Councilmember Corum is seeking City Council approval for her attendance at a "Building with Trees" workshop sponsored by the National Arbor Day Foundation, in Gainesville on February 14, 1994. The information brochure is enclosed for your review. RECOMMENDED ACTION Move to approve Councilmember Corum's request for attendance. The National Arbor Dav Foundation 86~O692732 - CAROLY CORUH 881 DOLORES ST SEBASTZAN 1954 001 1707 FL 32956 I · I Ir ~11 ~ ~ ~ ~ 8~ ~ ~ IL -~ Jl ~ ~ ~ ~ ~ ~ CitY of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Trash Hauling & Disposal Contract Bid Award Approved for Submittal By: City Manager ,~/~'~./.~ Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: ENG/P~./'! 02-02-94 02-09-94 EXPENDITURE REQUIRED: AMOUNT APPROPRIATION BUDGETED:S20,000 REQUIRED: 102-541-342 SUMMARY STATEMENT Three bids were received as identified on the attached bid tabulation. The low bidder was LI Tree Service. Their bid for trash hauling and disposal was $3.49 a cubic yard. I have revised the cubic yard capacity for trucks number 15 and 18 as based on the dimensions on file. The owner has initialed the revised truck capacities. I have confirmed the price with the owner for hauling and disposal in a legal manner, stating that any invoices received without a legal-weight ticket or receipt from a recognized disposal site would be returned. RECOMMENDED ACTION Move to award the trash hauling and disposal contract to LI Tree Services. BID TABULATIONS TRASH HAULING L.I. Tree Service Son Mar South Sanitation, Inc. Henry Fischer & Sons, Inc. 3.49 per cubic yards 4.89 per cubic yards 8.99 per cubic yards City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Independent Internal Control Study of Golf Course Operations Approved For Submittal By: city Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: Finance Director Memo Dated 01-06-94 ) IIIII hi I l I III I III IIIII III ~l ,,,,, EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $5,000 BUDGETED: $10,000 REQUIRED: -0- 1Bill II III ! I II III IIIII IIII II III I II 2/03/.94 ,, 2/09/9,4 SUMMARY STATEMENT During the current statutory 'annual audit of the City's financial statements, the City's auditors can conduct an independent study which will result in issuance of a separate report and recommended written procedures for Golf Course operations, for an amount not to exceed $5,000. This Internal Control Study would be very detailed and in addition to the annual audit which, by definition, relates to "fair presentation of financial statements.,' This Internal Control Study would involve a comprehensive review of existing practices, including interviews with and observation of staff on-site. The Study would have an objective of recommending sound business practices evidenced by written procedures for each function of the Golf Course Pro-Shop and administrative staff. (continued on page two) Agenda No. Independent Internal Control Study of Golf Course Operations page 2 of 2 This type of engagement, which goes beyond the scope of an audit, is not designed or meant to be punitive. Instead, it will provide a policy recommendation for City Council to implement written procedures for the day-to-day financial operations of the Golf Course. Audit fees as budgeted for the current annual audit are significantly lower than the prior year. If engaged, the City's auditors will conduct an "inter~al control study" or "agreed upon procedures" as requested. The engagement letter will not refer to an "audit" per se, which would require the auditors to express an "opinion" or in essence some sort of "judgement" about the financial position of the Golf Course. RE~QMMENDE~,,,,ACTIO~N Move to engage the City Auditors to conduct an independent study of Golf Course internal control procedures at a cost not to exceed $5,000. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE: January 6, 1994 TO: Kathryn O'Halloran Interim City Manager FROM: Marilyn Swichkow, C.P.A. Finance Director SUBJECT: Independent Study of Golf Course Internal Controls Over Financial Transactions Due to continuing questions, letters, calls and uncertainty regarding past and present financial and business management practices at the City's very popular Golf Course, I submit the following suggestions: Use a portion of existing budgeted funds for "special audits" with no impact on Golf Course budget to Engage the City's auditors to conduct an in-depth on-site study of financial and business management practices, policies and procedures of the Golf Course. provide Golf Course Manager, City Manager, Golf Course employees and City Council with recommended day-to-day written procedures for the conduct of daily transactions at the Golf Course Administrative and Pro Shop department and provide financial management recommended policies to City Council to help insure the City's ability to meet its financial obligations to fund operations, debt service and capital renewal and replacement. A special engagement of this nature can focus on specific areas of concern that are beyond the scope of a financial statement audit. I believe this type of engagement would provide the most meaningful information to City Council regarding Golf Course financial and business management practices. I i City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Purchase of Two New ITRON Meter Reading Units Approval for Submittal By: City Manager, Agenda No. 05'2_ Dept. of Origin Utilities Utilities Director" .g. Date Submitted, February 2, 1994 For Agenda Of, February 9, 1994 Exhibits: February 2, 1994 Memo from H. Keller to R.B. Votapka; February 1, 1994 Letter from H. Asher to R. B. Votapka; November 18, 1993 Memo from R.B. Votapka to Kay O'Halloran EXPENDITURE REQUIRED, AMOUNT BUDGETED, APPROPRIATION REQUIRED, $3,990 SUMMARY STATEMENT General Development Utilities had previously used Itron meter reading units for all of its meter readings in Sebastian Highlands and Vero Highlands. Unfortunately, when Indian River County purchased the Veto Highlands System in 1993, just prior to the City purchasing the Sebastian Highlands system, the County took possession of the Itron units, the battery charger, and the docking station. Since all of the Sebastian Highlands accounts were on the Itron units, Interim City Manager, Kay O'Halloran, requested County Utilities Director, Terry Pinto, to allow the City to use the Itron units for its meter readers and that the City would buy them at a surplus discount price. Indian River County presently uses the Syscon Versa Term handheld units to read its meters. The Itron units are not compatible with the County's computer software, so they are of no use to the County Utilities Department. The County Utilities Department intended to declare them as surplus. A new docking station and battery chargers were needed because the Itron units had to be upgraded. Therefore, the City had no use for the old docking station and battery chargers that were in possession of the County. Page 2 of 2 Agenda Request of February 2, 1994 regarding Itrons In anticipation of purchasing the two surplus Itron units from the County, the Finance Department requested that City Council appropriate funding for the software upgrades, docking station, and battery chargers. This request was approved on December'l, 1993. After the new docking station and battery chargers arrived at City Hall during the week of January 24th, I personally returned both the docking station and battery chargers to Harry Asher, Asst. Director of County Utilities, on Monday, January 31, 1994. ~he City received a letter dated February 1, 1994 from Harry Asher stating that the Itron units were to be returned as a unit or the battery charger and docking station must also be purchased by the City. Rather than spend additional money for a battery charger and docking station that the City cannot use and since the' City has already purchased new equipment, I recommend that the City purchase two new Itron units at $1,995.OO each, for a total cost of $3,990.00. RECOMMENDED ACTION Move to waive bid procedures and appropriate $3,990.00 to purchase two (2) new Itron handheld meter reading units. TO: FROM: Richard B. Votapka Howard B. Kettler ~f~ ~ Date: February 2, 1994 Subj: ITRON Per a telephone conservation with Bridgette Starr of SCT, the purchase price of a Prornier Plus ITRON hand held unit with standard template and 512 k memory is $1,995.00. Estimated delivery is 90 days. cc: Marilyn Swichkow Telephone:(407)567-8000 February 1, 1994 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Veto Beach. Florida 32960 Richard Votapka City of Sebastian P.O. box 780127 Sebastian, Florida 32978 SUBJECT: ITRON BATTERY CHARGER AND DOCKING SYSTEM Dear Mr. Votapka: This is to advise that after confirming with both Mr. Pinto and Mr. Chandler, they advised that they did not authorize the return of the battery charger and docking system without the itron units. This is to advise that the battery charger and docking system are to be purchased with the hand held units. All of the components must be purchased as a system or returned as a system. Please advise immediately as to your preference. ly, Assistant Director of Utility Services HEA:sb cc: James E. Chandler, County Administrator Terrance G. Pinto, Director of Utility Services (VOTAPKA.HEA)sb I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: November 18, 1993 TO: FROM: Kay O'Halloran, Interim City Manager Richard Votapka, Utilities Director SUBJECT: Utility Billing Hardware and Software Upgrades Conjunction with the GDU System Acquisition in Presently, GDU personnel read their meters in Sebastian Highlands with hand held ITRON meter reading units. Due to your efforts, the City will receive these units from Indian River County. The County recently acquired them when it bought the GDU-Vero Highlands system. The ITRON units that the City will be receiving are compatible with the utility software package the City bought from SCT Public Sector, Inc. in Lexington, Kentucky. However, the units are older models that need to be upgraded to accommodate the expanded customer base. With the purchase of GDU, the City will add 1,242 customers to the 203 customers in Park Place and Palm Lake Club and 18 lift station accounts, for a total of 1,473 customers. The ITRON units need to be upgraded for additional memory. The ITRON interface software must be purchased to interface between the ITRON meter reader unit and the utility software package. The unit must download data from the docking station into the RSC 6000 computer in the Finance Department. Hardware to be purchased will include one docking station, a point- of-sale cash register, a Utilities IBM dedicated terminal and bar coding subsystem scanner. The capital costs for the additional hardware and software is itemized as follows: Spectrum Software License Fee Finite Cost Annual Service Fee a. ITRON Interface $3,500 $1,O71 b. Cash Receipts Subsystem $4,000 $ 825 c. Bar Coding Subsystem $4,000 $ 825 Page 2 of 2 November 18, 1993 memo to Kay O'Halloran 2. Hardware a. ITRON Hand Held Upgrade $3,120 $ 298.86 b. BISYNC DEMU 300 to ASYNC DCMU $ 60 $ 237.60 c. Premier Plus Meter $1,5OO $ 720.00 Reading Software d. DCMU 300 Docking Station $1,4OO $ 237.60 e. Cash Receipts Hardware $1,2OO 0.00 ITHACA Model 2 & Indiana Cash Drawer Bar Coding Reader & Stand $ 755 0.00 $19,535 $4,215.OO By comparison, two new ITRON hand held meter reading units are $9,850.00 and the software base system costs $26,388 with $4,070.00 required for training personnel to use the system. Since SCT is also an ITRON dealer, then we must request a bid waiver for a sole-source company. We must also act very fast because SCT has advised Marilyn Swichkow that eight (8) weeks will be required to complete all of the updates cc: Marilyn Swichkow City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5330 [] FAX (407) (407) 589-5570 "· sU~EOT, Purchase of "Service )Agenda Orders Subsystem" for Utility ) Superintendent Computer ) · Software ) Dept. of Origin: Ut%l~ties (RBV) ) ) y roved for Submittal By: Manager ) Date Submitted: 02/02/94 ) ) For Agenda of: 02/09/94 ) ) Exhibits: ) - SCT Letter of 01/20/94 ) ) - Utility Supt. Service ) Order Subsystem Hard Copies ) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: $3,534 · SUMMARY STATEMENT During the week of January 24th, the SCT representative from Lexington, Kentucky came to City. Hall to instruct members of the Utilities Department on using the ITRON meter reading units. In conjunction with the instruction, the representative also demonstrated the "Service Orders Subsystem" which develops service orders for water and sewer turn ons, shut offs, and repairs. Ail such orders would be stored in the customer files on the computer, so that a customer's entire history could be collectively retrieved when necessary. Currently all our service orders are manually typed on three part forms. The "Service Orders Subsystem" will provide us with reports on the service orders completed during a given month for a particular type of service rendered. The "Service Orders Subsystem" to be purchased from SCT, the sole source vendor for the City, costs $3,035 with two (2) hours of telephone training for $70/hour, and an annual service for $359. The total cost for this package is $3,534. RECOMMENDED ACTION Move to waive bid procedure and to appropriate $3,524 to purchase the SCT Service Order Subsystem for the Utilities Department. 111 SCT January 20, 1994 Rich Votapka Utility Director City of Sebastian 1225 Main Street Sebastian, FL 32974 Dear Rich: Doris Lee had requested that I forward this information regarding our SPECTRUM: Service Orders Subsystem to your attention. The cost for this subsystem is $3,025.00. You could elect to receive 2 hours minimum of telephone training at $70.00 per hour. The annual support fee for this subsystem is for Level I $359.00 and for Level II $536.00. We appreciate your consideration of this information. If you need any further information please do not hesitate to give me a call at (606) 231-0519, extension 248. I look forward to working with the City of Sebastian. Thank you. Sincerely, Ac¢oufit Manager Enclosure C: Doris Lee 962 Delaware Avenue Lexington, KY 40505 606/231-0519 I SPECTRUM " Service Orders ADolication The Service Orders system provides the utility with a means-of .e. nte.ring, m. aintaining and printing service orders required to provide ame~y aha accurate service to the consumer base. By being completely.interfaced to S. PE..C'i'RUM Ulil~ Superintendents. existing consumer aam'is automatic~y captured for the service oroer. Several features provide unique flexibility in the operation of the system. The event types are user-defined. Additionally, the user can add up to five lines of text to be included when the service order is printed. .Capabi.'lifies and Advantages · Maintains information on service location and services to be performed · Service Orders may be stored indefinitely · Tracks up to 999 separate user defined events for each service order · Allows up to 999 lines of free form note text per service order · Purge function allows maintenance of completed service orders · , Pdnts service orders on stock paper; pre-printed forms not required · Helps track productivity of service personnel · Assists with scheduling workload, maintains service order status, assignment, and completion details Reports/Output Service Orders Service Order Listing Crew Report 060493 SCT Public Sector, inc. 962 Delaware Ave. , Lexin~on, KY 40505 ,. 800-354-9300 8951 Van Gogh Ave. · Baton'Rouge, LA 70806 · 800-437-1656 Z LL.J City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FROM JANEE MORCHESKY TO EXTEND MINING PERMIT Approval for Submittal By: City Manager ) Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 1. 2. 3. 02/03/94 (BC~ 02/09/b4 Applicantion for Special Use Permit Letter dated 1/20/94 from Randy Mosby Performance Bond expiring 6/3/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular Council meeting of January 22, 1991 the Council approved Resolution R-91-01, which granted a sandmining operation for Janee Morchesky. The applicant has since received two other time extensions on August 12, 1992 and January 27, 1993, which extended the sandmining operation until January 22, 1994. The applicant is requesting another time extension for twelve (12) months in order to complete the operation. The applicant's engineer, Randy Mosby, has indicated that two-thirds of the site has been excavated and a total of 48,000 cubic yards have been removed. The original request in 1991 was to remove approximately 82,000 cubic yards, which seems to be consistent with Mr. Mosby's progress report. Due to the existing topography, the applicant must cut down the grade in order to properly engineer and develop the future subdivision. Staff has no objections subject to the applicant providing an additional Performance Bond to cover the period between 6/3/94 to 1/22/95. Page 2 RECOMMENDED ACTION Move to approve a twelve (12) month time extension for the Morchesky sandmining operation which will expire 1/22/95 subject to the applicant providing an updated Performance Bond. APPLICATION ~OR ~PECIAL U~E PERMIT In accordance wikh Bect~on 20A-2.6, Land Developme, t Code, the ' City Council may. in its sole diaore~lon, grant · special uae permit in any dlatrlo~ tot a use which 1# not provided for In the zoning regulations. All such uses shall not be otherwise comprehensive plan ct other applicable law or The City Council shall not 9rant any specie! use permit under thie section unless It ehal~ make findings based upon the 1) The granting o~ ~he permit will not be ~ettimental to the public sa;et~ health or we[late ct be tn~ulious to o~her properties or [~ptovemen~e within the immediate vicinity i~ which ~he p=opetty ia looated~, and 2) The Use requested .is consistent with the purpose intent of the respective district, and can be demonstrated to be similar in nature and comp&tibia with the uses allowea in euc~ district. The tee for a special use permit is $1S0 (established by Resolution No. 9-88-09). In a~ditlon the applicant must provide the City Clerk's o~floe with a lis~ of the surrounding proper~y owners within a ~00' radius o~ the sub,eot property along with the appropriate oe~tl~ted return receipt mailing ~ee Iourrentl2 $2.29 tot U.S. mailing). NAME OF APPblCANTI Ms. Jane MorCheSky ADDRESS OF APPLICANT~ ~.0, Box 1521 Sebaat~an~ Flor/da 32978 &07-589-3266 APPLICANT PHONB J~; ADDRESS OF SUBJECT PROPERTY! Old Dixie Hi~hvay LEGAL DESCRIPTION OF SUBJECT PROPBRTY~ Section 7, Township 31 $, Range 29E (see attached) ZONIN~ OF SUBJECT PROPERTY! Industrial REASON FOR REQUEST FOR ~PECIAL UgR PERMIT~ Extension of existing land mine permit. TBE BUILDIN~ OFFICIAL HAY I~QUIRE ADDITIONA~ BACKUP INFOItMATION FOR CERTAIN R~UESTS Da~a b=epecoae.app ?.q~lO STrUCTUrE $¢WEOU~6 d._ rgpe ~' ?~tct eS.G ?8.8 ,, ., ,, DESCRIPTION R PRRCEL OF LRNO 5ITURTE IN R PORTION Of THE NORTHERST OURRTER OF SECTION ?,TOWNSHIP 31 50UTH, RRNGE 39 ERST, INDIRN RIVER COUNTY, FLORIDR, BEING MORE PRRTiCULRRLY DESCRIBED RS FOLLOWS: , I T.HE NORTH HRLF OF THE SOUTH HRLF OF THE NORTHWEST QURRTER OF THE SRID NORTHERST QURRTER OF ..SECTION7 RND THE NORTH HRLF OF THE ~ SOUTH HRLF OF THE NORTHERST QURRTER OF THE SRiD NORTHERST QURRTER OF SECTION 7. RLL LYING WEST OF THE WESTERLY'RIGHT-OF-WRY OF OLD DIXIE HiGHWRY. I CONTRINING 10.41.RCRES, MORE OR LESS. II lull I I IIIIJl II Jll mil I II IJ Il · January 20, 1994 , '' Mr. Bruce Cooper City of Sebastian ---. .., . 1225 Main S~reet Sebastian, Florida 32958 Subject: Morchesky Land Mine ~ ....... ~'~,, ~"~0Y Sebastian, Florida Engineer's Project No. 92-137 - ,.~,7~.~ ....~..,.~ Dear Mr. Cooper: As discussed on the telephone, enclosed is the required "Applica- .tion for Special Use Permit" for the subject project. In accord- ance with Section 7-121 of the City of Sebastian's Code of Ordi- nances, this letter shall serve as the required annual progress report for the subject land mine. Twenty-nine thousand nine hundred (29,900) yards of fill were excavated durin~ last year makin~ a total amount excavated since October 1991, of Forty- Eight Thousand (48,000). The area of the Ten (10) acre site which has been excavated has taken place in the front two-thirds of the site from Old Dixie Highway or approximately 950 feet. The subject owner intends to complete the operation durin~ this year and with the submittal of the enclosed special use permit we are requestin~ an extension of the land mine permit for one year. Should y requir fu her information, please call. cc: Ms. Jane Morchesky Mr. Hank Fischer enc. 2455 14TM AVENUE F,O, BOX 6368 VErO BEACH, FLORIDA 32961 407-569-0035 JAN 28 '94 16:~1REDISH ZEUCH INSURANCE A~ENCY 40756~9938 TO: ' Ohio',Casualty Insurance Company North Third Stfed:i0 Id4mllton, Ohio CONTINUATION CERTIFICATE ' i. IN CONSIDF, It.4~.ION of the pa~eat of ~ premium of TI-IE OHiO CASUALTY INSURANCE COMPANY h~reb¥ continues In forc~ to ...... {~.-~r.~4 ........... it8 bond No 2...855-470 . , e~re~tive_ 6-b.'.9.% ...... on behalf o( ~ !.t'y..q~ Seb{~l;tAO ' Obligee ,tibj¢~ to ,11 it, terms, conditions and limitations ss set forth and expte,$ecl in aald bond. ThW certificate is executed upon the ex,tess condition that the Oompun¥'s Ii, billy/unde~ bond md thi~ ~nd ~1 condnua~on c~tificat~ i~sued in connection ther~ith~h~ll no~ be cumulutive,~nd sh~lI not'~ ,n~ ~en~ e~ceed tM amount ~et forth In said bond, or s~id ~moun~ ~ it mmv h~ve b~n Increased .~a t4. Whlt~ ATTORNEY'IN'I~AcT City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 58g-5330 ~ FAX (407) 589-5570 SUBJECT: REQUEST FROM MARCH OF DIMES TO UTILIZE RIVERVIEW PARK Approval for Submittal By: City Manager ) Agenda Number: ~.~ ) ) Dept. Origin: Community Deve~,ppmen~,, ) ) Date Submitted: 02/Q3/9~ ) ) For Agenda Of: 02/09/94 ) ) Exhibits: ) 1. Letter dated 1/24/94 from Leesa ) Royle ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The March of Dimes is requesting permission from the City Council to utilize Riverview Park on April 23, 1994 for their March of Dimes Walk America event. They are requesting to utilize the park from 7:00 A.M. to 1:00 P.M. which the event is expecting over 300 participants. The March of Dimes has used this area in the past for a similar event and the City has had no problems regarding the use of the Riverview Park area. RECOMMENDED ACTION Move to approve the request of the March of Dimes to utilize Riverview Park on April 23, 1994 subject to: The applicant must coordinate with the Police Chief for traffic control. $100.00 security deposit. Applicant to provide sufficient waste receptacles and clean up after event. i 994 City of Sebastian Bruce Cooper 1225 Main Street Sebastian, Florida. Dear Bruce, 32958 This letter will serve as a formal request for the use of Riverview Park on Saturday April 23, 1994 for the March of Dimes WalkAmerica event. The park will be the location of the start/finish line. We expect that around 300 participants will be present at the walkathon. The set up will begin at 7:00 am and the park will be cleared by 1:00 pm. The March of Dimes has used this area in the past for similar events and has an excellent record of cleanliness and order. As usual we guarantee that the park will be left in good condition at the close of the event. If you have any questions or concerns please do not hesitate to call me at (407) 562-0115 and I will be happy to help. Thank you for your help, I look forward to hearing from you, For Mealthy Babies, Leesa Royle, Community Director City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: American Cancer Society Chili/Chowder Cookoff APPROVED FOR SUBMITTAL BY: Acting 'City Manager: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted 02/02/94 ) ) For Agenda of 02/09/94 ) ) Exhibits: ) Letter Dated 01/10/94 ) Application C__~xElerk EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a letter from Barbara McManus representing the American Cancer Society requesting permission to use the Community Center on February 26, 1994, for the annual chili/chowder cookoff. They are requesting waiver of rental fees and approval of alcohol use at this event. A similar request was approved by City Council December 16, 1992. RECO~NDE..D ACTION Move to approve the request for waiver of rental fees and use of alcohol for requested date with standard conditions. llumber of Person~ constituting group or org~zation: R~.~,d ~ate ..'t I~:' 'lq,-/" ' " ~tt~'s p~[ o~ age ~ /~ ~ · on : ~ ? /~ , . ....... ~ qr I Sec~._ [Ml~it pttd on .=~ (date) ~enttt Fee paid on or Cash (date) in ~e ~t of ~ho~c Bm~ge ~t hea~ at the ~ ~t~q on g. ~aiver Re~t hea~ at Ehe ~ ~ on 3e~dt~ Oe~siE retum~ b~ Cit? ~ec~ ~ in ~unt of ' on (date) Jaanaly 10, 1994 City Of Sebssfian P.O. Box 780127 Sebastian, F1 32978 RE: Rental Permit Application TO: City Of Sebastian City Council Members: The American Cancer Society Of North Indian River County will be having there amual Chili CookoffConte~t on Feb. 26, 1994. We would like to have this event n~in this year at the commmfity center. We would like to request that the fees for the cornm~ity center be waived for this non profit event. ~muk You, B~q:~m McManu~ American Cancer Society City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUBSECT: Sebastian Panthers Monthly Fund Raising Dance APPROVED FOR SUBMITTAL BY: Acting 'City Manager: ) Agenda No. ) ) Dept. Origin ~ Clerk ) ) Date Submitted 01/27/94 ) ) For Agenda of 02/09/94 ) ) Exhibits: ) Letter Dated 01/24/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~SUMMARY STATEMENT The city of Sebastian has received a letter from Patrick Morgan representing the Sebastian Panthers, requesting permission to use the Community Center once a month for a dance. They are requesting waiver of rental fees with a reduction of security deposit to $100.00, already on hold. RECO~NDED ~ Review request for monthly dance and act accordingly. Sebastian Panthers, I P.O. Box 781624 I Sebasaian, Florida 32978-1624 (40'/) $89-76~0 I I January 24, 19~a I City of Sebastian Actino City Manaoer 1225 ~ain St. ' I Sebastian. FL 32958 Dear Ms. O'Halloran: I Our organization would like to be a~ded to the aoenda for the next I scheduled City Council meeting to reouest oermission to use the Community Center for a youth dance on February ii, i9~4 durin hours, of 6:00 om to 11:50 pm and waiv=r -~ ~2 _ . _ g th~ m security deoosit of $100 is still on fi~e ~it~h~eC~l ~e'thi~ . iY at all possible, we would like ~o sc~eOule a dance for once a I month and need to know if we can use this as a " · ~eouest" Not onl~ are w ........ blanket type ' ~ ~ raising ?un~s Tot our non~~ro~it youth football/c~eerleading Program bu~ we are hel~ing ~o kee~ the youth " I of this Community involved and busy in a well supervised even~. Sincerely, I ICK MORGAN Fun~ Raising Chairman