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Home My WebLink About07281993I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL WEDN~DAY, JULY 28, 1993 - 7:00 P.M. CITY COUNCiL CItAMB~ 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN TItE OFFICE OF TIlE CITY CLERK, CITY 1tALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Ron Barber or Reverend Jim Smith - Community Baptist Church, Roseland 4. ROLL CALL AGENDA MODIFICATIONS ~ADDITIONS ANDJOR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-95-19). 6. PROCLAMATIONS AND/OR~O~CEME~S 7. PUBLIC HEARING, FINAL 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 93.085 PGS 1-3 PGS 5-16 93.221 PGS 17-32 93.222 PGS 33-34 93.206 PGS 35-36 93.017 PGS 37-41 Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. Sebastian Lakes PUD - Consider Termination of Conceptual Plan and Rezoning (Continued From 6/23/93) (Director of Community Development Transmittal dated 7/22/93, Director of Community Development Letter dated 7/15/93) 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. A. Approval of Minutes - 7/14/93 Regular Meeting RESOLUTION No, R-93-35 - Culvert Pipe Policy (City Engineer Transmittal dated 7/21/93, R-93- 35, Application and Agreement) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CULVERT PIPE POLICY; ESTABLISHING COSTS; ESTABLISHING AN APPLICATION FOR CULVERT PIPE; ESTABLISHING AN APPLICATION FEE; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER INTO CULVERT PIPE AGREEMENTS ON BEHALF OF THE CITY; REPEALING RESOLUTION NO. R-93-14; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ce Bid Award - Barber Street Sports Complex - Dugouts Ballfield No. Four - John Vetter& Sons, Inc. - $4,088.00 (City Engineer Transmittal dated 7/19/93, Bid Tabulation Form) Bid Award - Barber Street Sports Complex - Fence - Wood 'N Nichols - $14,000 (City Engineer Transmittal dated 7/22/93, Bid Tabulation Form) Approve Sub-Lease Between Sebastian Aero Services and Skydive Sebastian for Six (6) Months (City Manager Transmittal dated 7/22/93, Price Letter dated 7/21/93, Proposed Sub-Lease) 2 93.214 PGS 43-58 93.223 PGS 59-62 93.224 PGS 63-65 93.225 PGS 67-68 93.209 93.226 11. 12. 13. 93.227 PGS 69-71 F. Water System Connection Agreement Between city of Sebastian and Captain Hiram's (Utilities Director Transmittal dated 6/21/93, Revised Agreement) G. Pace 2000, Inc. - Specimen Tree Removal Request - One Pine - Lot 1, Block 25, Unit 1, Sebastian Highlands (Director of Community Development Transmittal dated 7/14/93, Application, Survey) H. Tozzolo Bros. - Specimen Tree Removal Request - one Pine - Lot 23, Block 47, Unit 2, Sebastian Highlands (Director of Community Development Transmittal dated 7/13/93, Application, Survey) I. Request for Community Center - Lohsl Wedding Reception - 8/21/93 - 6 pm to 10 pm - A/B - Permittee DOB 6/21/63 - Security Paid (City Clerk Transmittal dated 7/21/93, Application) PReseNTATIONS MAYOR ~ CITY CO~CIL ~ A. Vice-Mayor Frank Oberbeck B. Mrs. Carolyn ~ 1. Cable TV Franchise (No Backup) C. Mrs. Norma Damp 2. Marina Restroom Facilities (No Backup) D. Mr. Robert Freeland E. Mayor bonnie R. Powell CITY ATTORNEY MATTERS CITY ~ER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS HANDICAPPED S~LF-~VALUATION COMMITTEE 1. Appoint Phillip Foster as First Alternate - Three Year Term to 8/1/96 (Personnel Director Transmittal dated 7/12/93, Application, Warrant Check) 3 93.228 PGS 73-94 93.229 PGS 95-120 93.230 14. 15. 93.231 PGS 121-122 93.232 PGS 123-126 93.213 PGS 127-136 B. C__Q~E ENFORCEMENT BOARD Reappoint George Metcalf to Three Year Term to Expire 8/96 (Eligible for Reappointment) (Director of Community Development Transmittal dated 7/21/93, Three Applications) C. CONSTRUCTION BOARD Appoint Truman Smith to Concerned Citizen Position - Unexpired Term to Expire 9/30/94 (Director of Community Development Transmittal dated 7/22/93, Four Applications) m Appoint Keith Miller to Alternate Concerned Citizen Position - Unexpired Term to Expire 9/30/95 (See Above) NEW BUSINESS A® Americans With Disabilities Grievance Procedure (Personnel Director Transmittal dated 7/12/93, Procedure) O~ NO. R-93~34 - city Safety Policy (Personnel Director Transmittal dated 7/12/93, Safety Policy Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SAFETY POLICY STATEMENT; PROVIDING FOR INCLUSION OF SUCH STATEMENT IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. R~.~0LUTI.ON NO. R-93-32 - Utilities Service Worker I- Job Description (Utilities Director Transmittal dated 7/20/93, R-93-32 w/ Description, Utilities Director Memo dated 7/14/93) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES SERVICE WORKER I; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 4 93.233 PGS 137-144 16. Review Utilities Policies Re: Water/Sewer Shut- Off (Utilities Director Transmittal dated 7/20/93, Utilities Director Memo dated 7/20/93) INTRODUCTION OF NEW BUSINESS ~ THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Bach Speaker) 17. 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.) 5 I City of Sebastian 1225 Main StreetD SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: CONTINUATION OF PUBLIC HEARING CONSIDERING TERMINATION OF SEBASTIAN LAKES PLANNED UNIT DEVELOPMENT Approval for Submittal By: City Manager 32958 Agenda Number: Dept. Origin: Community DeveloDment Date Submitted: 7622/93 For Agenda Of: 7/2~./93 Exhibits: 1. Letter dated July 15, 1993 from Bruce Cooper EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Representatives from Sebastian Lakes have been working diligently with City staff and Indian River County to resolve the issue of their utility and whether or not they should tie into the County's wastewater force main. Based on their meeting of July 20, 1993, Barbara Hall has indicated that Sebastian Lakes is willing to abandon their package plarf'and tie into the Indian River County wastewater .system. Sebastian Lakes would also like to turn over the utility regarding the water distribution system to the City of Sebastian. with regard~ to the construction of Laconia Street, please refer to my letter dated July 15, 1993. This letter should be self-explanatory concerning staff's position regarding the construction costs of Laconia Street. I have expressed to Barbara Hall that regardless bf cost estimates, the City's position would be that the construction of Laconia Street and all associated costs shall be paid by Sebastian Lakes. I have recommended a change in the developers agreement to reflect that language. Due to the deadline of the agenda for the meeting of July 28, 1993, staff is unable to provide all pertinent backup, such as the developers agreement, since Sebastian Lakes is finalizing the agreement based on recent events. Page 2 ! ! prior to the I If the developers agreement is acceptable by City Council, two public hearings will be necessary to approve such an agreement. RECOMMENDED ACTION Continue the public hearing and take any necessary action that is deemed appropriate. Staff believes that the developers agreement can be finalized meeting of August 4, 1993 and will provide City Council with all pertinent backup on August 3, 1993. Richard Votapka will also provide to the City · Council an outline on what steps will be necessary for the City to take over the utility distribution system. CiO' of Sebastia 1225 Main Street[', SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 L] FAX (407) 589-5570 July 15, 1993 Barbara Hall Greenberg, Thaurig, Hoffman, Lipoff, Rosin & Quentel, P.A. 515 East Las Olas Boulevard Fort Lauderdale, Florida 33301 Reference: Sebastian Lakes/Estimate of Construction Cost for Laconia Dear Barbara: Please be advised that our City Engineer, Dan Eckis, has reviewed the documentation provided by Allen Engineering regarding the estimated construction cost for the improvements to Laconia Street. Mr. Eckis has determined that the estimated cost for this project would be $103,323.00 and with a typical contingency of 10 percent ($10,332.00), which the total estimate would be $113,655.00. Please keep in mind that the $65,000.00 figure that has been utilized in recent meetings was brought on the table from your side. At the same time the $65,000.00 figure was mentioned in a meeting, you had also proposed to give us the wastewater plant as part of the overall agreement. At that time, our emphasis was placed on reviewing the feasibility of the wastewater plant and not the construction cost. Therefore, based on the above information, staff can not recommend to the City Council to accept $65,000.00 for the construction of Laconia. Staff would recommend that a budget of $114,000.00 be included within Section 3(a)(iii) of our agreement. If you have any questions, please do not hesitate to give me a call at 589-5537. Sincerely, . 5 ..... '"'( _ J uruce-uooper Director of Community Development BC/gk bhallsl.wp City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [u FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 14, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Vice Mayor oberbeck called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Harold Lee, First Baptist Church of Sebastian. 4. ROLL CALL Present: Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Absent: Mayor Lonnie Powell (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Utilities Director, Richard Votapka City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting July 14, 1993 Page AGENDA MODIFICATIONS ~ ~IOR DELETIONSk - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Vice Mayor Oberbeck requested that Sal Mancino, Vietnam Veterans of America, be placed on the agenda for presentation of a plaque to the City of' Sebastian. MOTION by Freeland/Damp I make .a motion that we allow Sal to speak on behalf of the Vietnam Veterans. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) 6. PROCLAMATIONS AND/OR ~NNOUNCEMENTS Sal Mancino, Vietnam Veterans of America Chapter 567, presented a plaque and a certificate to the City and Parks Department in appreciation of City assistance with its first festival at Riverview Park . 7. PUBLIC HEARING. FINAL 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 Plgase Note..~ Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. Regular City Council Meeting July 14, 1993 Page Three 93.184 A. RESOLUTION NO. R-93-30 - St. Sebastian PUD - Carl Julian, Trustee - Special Use Permit - Mulohing Faoility (Director of Community Development Transmittal dated 7/8/93, Cooper Letters dated 6/18/93, Fisher Letter dated 6/23/93, Brooks Letter dated 6/29/93, Davis Letter dated 6/30/93, Torpy Letter dated 7/6/93, U.S. Fish & Wildlife Letter dated 6/4/93, R-93- 30, Map [Previously Distributed on 6/2/93]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR THE OPERATION OF A MULCHING AND RECYCLING FACILITY, PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND APPROXIMATELY 50 ACRES IN SIZE LOCATED NORTHWEST OF MAIN STREET, NORTHEAST OF THE SEBASTIAN MUNICIPAL AIRPORT, AND SOUTHWEST OF U.S. HIGHWAY 1, LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 7/6/93 Legal Notices) Vice Mayor Oberbeck opened the public hearing at 7:08 p.m. and the city Attorney read Resolution No. R-93-30 by title only. The City Attorney advised that people be placed under oath when addressing City Council. Upon being sworn in, Roger Skillman, Delray Beach, Florida; George Metcalf, Pine Street, Sebastian, Florida; and A1 Vilardi, 445 Georgia Boulevard, Sebastian, all addressed City Council. Upon being sworn in, David Fisher, PO Box 976, Sebastian, Florida, representing the property owner, Carl R. Julian, Trustee, presented the request to City Council and noted that a letter had been presented to the Director of Community Development today explaining the applicant's approach to present the application on its merits at this time and if City Council cannot approve it on its merits, they be given a continuation to present additional documentation. Regular City Council Meeting July 14, 1993 Page Four Mr. Fisher then explained his proposal for the mulching/recycling/chipping facility and reiterated comments made in the letter to the Director of Community Development dated July 9, 1993 (see attached). TAPE I - SIDE II (7:49 p.m.) Mr. Fisher continued with his presentation and discussed Indian River County concerns relative to solid waste disposal. Upon being sworn in, Keith Miller, 961 Riviera Avenue, Sebastian, Florida, addressed City Council. The City Clerk stated, for the record, that she had received two verbal objections from Steve Fallon, 104 Lund Road, Nashua, New Hampshire and Elzbieta Zambrzychka, 245 Dunn Avenue, Toronto, Ontario, Canada. Upon being sworn in, Bruce Cooper, Director of Community Development, made a brief presentation on behalf of staff. The City Attorney opined that the activity contemplated for the special use permit is not in violation of the County ordinance and explained the · function of the City Council as a quasi-judicial body. Vice Mayor Oberbeck closed the public hearing at 8:08 p.m. A lengthy City Council discussion followed on location of the operation, source of the materials, noise, traffic, compliance with the county ordinance, the merits of the application, the alteration of procedures since the last approval of this type, whether weight should be given to letters of objection, and disposal of the mulch. Upon being sworn in, Richard Fey, 14405 80th Avenue, Roseland, addressed City Council relative to volume of debris. TAPE II - SIDE I (8:35 p.m.) Regular City Council Meeting July 14, 1993 Page Five City Council discussion continued. Mr. Freeland inquired whether the city would now receive money owed it by the owner in accordance with the Main Street agreement. The City Attorney said he would have to review the agreement, but said he would tend to say this is not considered development and the use is temporary. Discussion continued relative to storage of debris, type of equipment used, configuration of land, environmental and emergency management issues, who will be the operator of the mulching facility, whether the use is compatible with the Land Developent Code, the possibility of imposing a performance bond, and continuing action on this matter for further documentation. MOTION by Damp/Freeland I move for continuance on this issue until such time as the information is brought back to Council. The City Attorney advised that no special advertisement other than normal meeting notice is required since the public hearing has been closed. Mr. Fisher noted that debris referred to by Mr. Metcalf was dumped by the city. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) Vice Mayor Oberbeck called recess at 9:00 p.m. and reconvened the meeting at 9:15 p.m. All members were present. 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. ae Approval of Minutes - 6/28/93 Regular Meeting, 7/7/93 Workshop 5 Regular City Council Meeting July 14, 1993 Page Six 93.213 B. 93.215 93.216 93.217 93.218 RESOLUTION NO. R-93-3~ - Utilities Servioe Worker I - Job Description (Utilities Director Transmittal dated 7/8/93, R-93-32 w/ Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF UTILITIES SERVICE WORKER I; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Ce RESOLUTION NON R-93-3~ - Vacation of Easement (City Clerk Transmittal dated 7/8/93, R-93-31, City Engineer Memo dated 6/22/93, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING, AND DISCONTINUING THE NORTH TEN FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 31, BLOCK 239, SEBASTIAN HIGHLANDS UNiT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, 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. De Receive Code Enforcement Orders - No. 93-8246 (Picca), No. 93-7709 (Tayler & Pfenninger), No. 93-8164 (Herbst), No. 93-8115 (Dernbach), No. 92-7475 (Kozdra) Christ the King Lutheran Church - Request Permit Fee Waiver and Reimbursement of $350 Site Plan Fee (Director of Community Development Transmittal dated 7/8/93, Hauenstein Letter dated 7/2/93) Fe Tozzolo Bros. - Specimen Tree Removal Request - Two Pines - Lot 3, Block 287, Unit 10 Sebastian Highlands (Director of Community Development Transmittal dated 7/8/93, Application, Survey) The City Manager read the consent agenda in its entirety. Regular City Council Meeting July 14, 1993 Page Seven 93.213 93.215 Mrs. Damp removed item C, Mrs. Corum removed item F, and Mr. Freeland removed item B. MOTION by Corum/Freeland I move to approve items A, D, and E of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Powell - absent) Item ~ ~ RESOLUTION NO. R-93-32 ~ Utilitie~ Service Worker i Mr. Freeland recommended that Council wait until after the budget. Mr. Oberbeck recommended part-time and contracting out. MOTION by Corum/Damp I make a motion to approve Resolution No. R-93- 32. ROLL CALL: Mr. Freeland - nay Mayor Powell - absent Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - aye MOTION FAILED (2-2) (Freeland, Oberbeck - nay Powell - absent) The city Attorney said the resolution can be brought back at any time. Item ~ ~ RESOLUTION NO. R-93-31 - vacation of ~asement It was noted that the letter authorizing Carroll Simes to act as agent for David Thomas had been received. MOTION by Damp/Freeland I make a motion to approve item C Resolution No. R-93-31. 7 Regular City Council Meeting July 14, 1993 Page Eight 93.218 ROLL CALL: Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (Powell - absent) I~em ~ z TozZolo Bros. z ~ Tree Removal Mrs. Corum expressed concern for the lack of pervious surface on the subject property. MOTION by Corum/Freeland I'll make a motion to approve item F of the consent agenda. VOICE VOTE on the motion carried 4-0 (Powell - absent) 9. ~2Z,SE~TAT!ONS None. 10. MAYOR AND CITY COUNCIL MATTERS A. Mayor ~ R. Powell Absent. B. Vice-Ma¥or~ Oberbeck Mr. Oberbeck inquired whether Captain Hiram's signs on U.S. i are in right-of-way; whether the Director of Community Development had prepared any language regarding accessory uses on adjoining properties; reported on the MPO agreement; said Mr. Freeland had attended today's MPO meeting; and inquired about the legality of Golf Course brochures advertising a private entity. C. Mrs. carolyn corum Mrs. Corum said she had requested a history of the police station air quality problem and reiterated that she would like it prepared. The Director of Community Development said he would report to City Council. 8 Regular City Council Meeting July 14, 1993 Page Nine Mrs. Corum discussed cable TV technology and recommended the city look into revising its franchise relative to rate increases and services, and placed the item on the July 28, 1993 agenda. The City Attorney said the city cannot unilaterally change the franchise. TAPE II - SIDE II (9:36 p.m.) Discussion took place on future requirements to comply with new federal regulations. Mrs. Corum inquired whether Mr. Cooper conducted an investigation of Mr. Bassi and Mr. Cooper stated he did not. Mr. Oberbeck inquired whether the report on the police station air quality problem had arrived and Mr. Cooper said it had not; and advised Mrs. Corum to be careful relative to investigations of staff members. D. Mrs. N.or~a Damp Mrs. Damp inquired whether restrooms are required adjacent to marinas and asked that the item be placed on the August 4, 1993 workshop agenda. E. Mr. Robert Freeland Mr. Freeland recommended that a meeting be scheduled with all parties involved in the police station air quality problem. The Director of Community Development responded and discussion followed. Mr. Freeland discussed an unsigned letter he received relative to the Golf Course and asked that the City Manager pass it on to the Golf Course Manager. The City Attorney advised that the letter be submitted to the City Clerk to pass along. 11. CITY ATTORNEY MATTERS None. 12. CITY MANAGER ~ The City Manager said he is keeping appointments to a minimum while he works on the budget. 9 Regular City Council Meeting July 14, 1993 Page Ten 13. COI~ITTE~ R~PORTS/RECOHMENDATIONS Mr. Oberbeck inquired whether Mayor Powell had been appointed to the Low Income Housing Committee. The City Clerk said she would contact the Indian River County Commission office. 14. OLD BUSINESS 93.203 ~ NO. R-93-29 - 9Z/93 FY Budget A~en~ment (Finance Director Transmittals dated 7/6/93 [Budget Amendment, Budget Variances Explanation and R-93-29 Under Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1993, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1992; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager read Resolution No. R-93-29 by title only. The City Manager gave an explanation of the proposed budget amendment and City Council discussion followed on use of reserves. The Finance Director recommended that budget amendments be done twice a year. Discussion continued. Mr. Freeland distributed calculations he had prepared (see attached) for City Council review and recommended that expenditures be cut to reduce the budget. Discussion continued on the golf course budget. TAPE III - SIDE I (10:22 p.m.) 10 Regular city Council Meeting July 14, 1993 Page 93.219 At 10:30 p.m. motion was made as follows. MOTION by Freeland/Damp I make a motion that we extend the meeting ten minutes. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) The Finance Director suggested that the amendment be approved with directives to staff. MOTION by Damp/Freeland I make a motion that we approve Resolution No. R- 93-29 on the budget amendment. Mr. Oberbeck recommended reduction in spending. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) Bin Award m Templ~ Avenue Reconstruction m pan ~ Engineerin~ CompanY. Inc. - $80,27.7.50 fcit¥ Eng.ineer Transmittal dated 3/8/93. Bid Tabulation~ ~ D. Public ~ ~ Form and Exhibit G_L MOTION by Damp/Freeland I make a motion that we approve the bid award to Pan American for $80,277.50. 11 Regular City Council Meeting July 14, 1993 Page Twelve 16. 17. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED'4-0 (Powell - absent) INTRO~UCTION OF NEW ~ BY THE ~ .(Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Patrick Riley, 1566 Picasso Street, Sebastian, reported on problems in his neighborhood. Being no further business, Vice Mayor Oberbeck adjourned the meeting at 10:40 p.m. Approved at the 1993, City Council Meeting. Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 12 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Culvert Pipe Policy Approved for Sub~~ City Manager ) ) ) ) ) ) ) ) ) ) Application Agenda No. ~,,~..22 / Dept. Origin ENG (DCF.~ Date Submitted 07-21-93 For Agenda of 07-28-93 Exhibits: Resolution R-93-35 & Agreements EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION -0- REQUIRED: SUMMARY STATEMENT During the workshop meeting of July 4, 1993 a request was made by Carson Coakley requesting the city's participation for a portion of the cost for the installation of culvert pipe behind his residence located in the rear easement. Staff was directed to modify the language of resolution R- 93-14 that would allow the installation of rear drainage culvert pipe in addition to side lot culvert pipe. The staff has revised the resolution eliminating all references to all side lot culverts and replacing it with culvert pipes. Because the resolution identified that each installation would be on a case by case basis, staff felt that this would be adequate to limit installation of culvert pipes in a piece meal like manner. Any request for rear drainage culvert pipes would be brought before city council for approval. This resolution request is being brought before city council at this time, because the installation of other side culvert pipes will be taking place within the immediate future and it would be the desire of staff to order sufficient pipe material for all installation of pipe at one time. RECOMMENDED ACTION Move to approve Resolution R-93-35. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN/RIVER COUNTY, FLORIDA, CREATING A =ID'. LCT CULVERT~POLICY; COSTS; ESTARLISHING '~~ C~LVE~ EST~LISHING ~ ~PLICATION FEE, AUTHORIZING THE CITY ~A~ER ~ CITY CLE~ TO E~ER INTO~~ RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERA~ILITY; AND PROVIDING FOR AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian deems it to be in the best interest of the City to participate in the installation of-~ culvert'~A~for private residences; and WHEREAS, it is in the best interest of the City to participate in the installation of~ culvert~ thereby eliminating side yard ditches or deep swales, resulting in future maintenance cost reduction to the City; and WHEREAS, the City desires to provide cost saving incentives to property owners to encourage the installation of~.i~ culvert~.n and ~ WHEREAS, promoting the installation of~ culvert~ill reduce future ~ drainage problems in new construction by promoting the free flow of surface water runoff; and WHEREAS, the City Manager and City Engineer have recommended to the City Council to enact this resolution and to allow the City's participation in the installation of~culvert~o be conducted on a case by case basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYA FLORIDA, AS FOLLOWS: SECTION 1. ~SI~I LCT CULVERT' ~LICY. It shall be the policy of the' City of Sebastian to participate,, where practical, in the installation of ~ culvert~[~ Further, it shall be the policy of the City of Sebastian to establish a standard price, based upon ~he average cost to the City for installation of a 24" diameter culvert pipe, to be offered for installation of~-~a-~ culvertsfI~ It is the intention of this policy to offer a price to property owners, within the City of Sebastian, for the installation of tide... Itt c':!vcrt pipes which will be less than can be obtained by citizens through private contractors. SECTION 2. COST. The cost for the city's installation of a ~--l~Wa~culvert~ within the City of Sebastian, shall be $15.00 per linear foot of pipe installed. This rate may be amended from time to time by the City council. SECTION 3. APPLICATION FOR SIDE LCT CULVERT~F~ Each applicant, desiring the City to install a~,J~-6~ ?~ 1vert~ermit culver shall apply to the city for a ~--1~ cu · The application shall be made in a form appro~e~ and adopted by the City. An application for a~-1~culvert~will be considered by the City staff only after the application is completed in its entirety, all supporting documentation has been submitted to the City, a ~ culvert~agreement signed by applicant(s), and the filing fee for said application has been paid to the city. The City of Sebastian hereby adopts a standard application form to be used by applicants who desire to apply for a ~,i~a--~e~ 2 I attached hereto as Exhibit "A" and by this reference incorprated I herein. . ~. APPLICATION FEE I The application fee for the City's review of an application for a~4~m--L~ culvert~all be $50.00. This fee may be amended by I action of the City Council. ' ~ I ~ ~ CULVERT~EMENT. to The City Manager and City Clerk are hereby authorized I execute such agreements, after approval as to form and content by the City Attorney, on behalf of the City of Sebastian as are I necessary to implement this policy. ~ I Prior to acting upon an application for ~idc ict culvert, the applicant must execute a-~4~-~ culvert~greement, and submit I said agre;ment to the City along with the application SECTION 6. CREP_EA~OF RESOLUTION NO. I Resolution No. R-~7_ is repealed in its entirety. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION. 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City affected and it shall be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the. remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~ 9. 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 Councilmember ~,~/~~ and, upon being put into a vote, the vote was as follows. · Mayor Lonnie R. Powe l Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared t~is Resolution duly passed and ~ncis J. O~beck~ Vice Mayor ATTEST: Kathryn~. O Halloran, CMC/AAE, city Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, Ci%~ Attorney 4 CITY OF SEBASTIAN, FLORIDA APPLICATION FOR ~ CULVERT~3NSTALLATION DATE: I/We, the owner(s) lots, request a permit to install a ~ following lots: ~e~al Description...~f Lots: #1 Lot , Block , Unit Subdivision #2 Lot , Block , Unit Subdivision OwnerCs~ bv ~eed (Name and.Ad~ress~ or authorized agent, of the below described culvert~between the The following documents must be submitted with this application: plot plan showing the location of the pipe. Warranty Deed(s) for lot(s) where the pipe shall be located. -~2~--~e~Culvert~Agreement (signed by applicant(s)). Non-refundable application fee of $50.00, made payable to the "city of Sebastian". The application fee is non-refundable once the City of Sebastian proceeds with the review. The application and fee is for normal applications and the City of Sebastian, if just cause is found, may require additional material and additional fees. OWNER OWNER OWNER OWNER EXHIBIT "A" (Approved by Resolution No. CITY OF SEBASTIAN ---iD= LOT CULVERT,~.~AGREEMENT This agreement is entered effective this day of , 19__, by and between the City of Sebastian, Indian River County, Florida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "city") and (Owner of Lot #1) and (Owner of Lot #2) (hereinafter coli~6~ively referred to as "Owners"). WHEREAS, the Owners own adjacent property as set forth in Exhibit "A" of this Agreement; and WHEREAS, the Owners desire to install a culvert~n the public utility easement between their property; and WHEREAS, the Owners wish to obtain t~e~. economic, and maintenance advantage of retaining the City,~or the City's designee, for the purpose of installing said~e--~e~.culver~w~ Now, THEREFORE, the city and the Owners hereby agree as follows: 1. The Owners agree that the City, or its designee, is hereby granted permission to install linear feet of (diameter of pipe) reinforced concrete pipe, cover same, and contour the surface for surface drainage in the utility easement on the ~ Lot #1 and the side of Lot #2, in acc~r~-~c~ ~i'tn the requirements of the City of Sebastian ( said lots being more particularly described and attached as Exhibit "A" of this Agreement). 2. The Owners agree to pay to the City, after obtaining a permit, and prior to any work being performed, $15.00 per linear foot of culvert pipe installed, for a total price of $ . 3. The Owners agree that the City has the absolute right to require the removal, replacement, and/or repair of said pipe, the reopening of the side swale ditch, or other corrective measures as are deemed necessary by the City. The Owners further agree that the Owners shall be responsible for removing any vegetation, fencing, or other obstructions, within one week of receiving written notice from the City, should the City require access to the easement for the performance of necessary maintenance or repairs. 4. The Owners, jointly and severally, shall indemnify and hold the City, its council members, officers, agents, employees and representatives, harmless from any and all liabilities, costs, damages, actions, attorneys' fees (including attorneys' fees to enforce the provisions of this agreement), and expenses from any and all claims or causes of action for bodily injury, death and property damage arising from or in connection with the work performed by the City hereunder, or by reason of any claim or dispute of any person or entity for damages from any cause directly or indirectly related to any action or failure to act by the City, whether negligent or otherwise, its employees, representatives, subcontractors, suppliers or agents. 5. In consideration of the cost savings provided to the undersigned owners by the C~ty, the receipt and sufficiency of which are hereby acknowledged, the undersigned, individually, and on behalf of their heirs and assigns, hereby releases the City, its council members, officials, officers, employees and representatives, from any and all claims, actions, causes of action, suits, demands, injuries, damages, contracts, monies, attorneys fees, or claims of any nature or description whatsoever, including, but not limited to, those claims that arise from intentional acts, negligence, contracts, and statutory claims, which now exist, or which might hereafter accrue. 6. This agreement shall be governed by the laws of the State of Florida. Venue in any action arising herefrom shall be Indian River County, Florida. WITNE$SETH: OWNER LOT #1 The foregoing instrument was sworn to, acknowledged before me this day of by , before w~tnesses, personally known to me or who has produced as identification and who has taken an oath. subscribed and 1993 and who is NOTARY PUBLIC Printed Name My Commission Expires: WITNESSETH: OWNER LOT #2 The foregoing instrument was sworn to, acknowledged before me this day of by , before witnesses, personally known to me or who has produced as identification and who has taken an oath. subscribed and , 1993 and who is NOTARY PUBLIC Printed Name My Commission Expires: CITY OF SEBASTIAN ATTEST: By: Robert S. McClary City Manager Kathryn M. O'Halloran, CMC/AAE, City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney RESOLUTION NO. R-93-35 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CULVERT PIPE POLICY; ESTABLISHING COSTS; ESTANLISHING AN APPLICATION FOR CULVERT PIPE; ESTABLIBHING AN APPLICATION FEE; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER INTO CULVERT PIPE AGREEMENTS ON BEHALF OF THE CITY; REPEALING RESOLUTION NO. R-93-14; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTB OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILiTY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHERE~S, the City Council of the City of Sebastian deems it to be in the best interest of the City to participate in the installation of culvert pipes for private residences; and WHEREAS, it is in the best interest of the City to participate in the installation of culvert pipes, thereby eliminating side or rear yard ditches or deep swales, resulting in future maintenance cost reduction to the City; and WHEREAS, the City desires to provide cost saving incentives to property owners to encourage the installation of culvert pipes; and WHEREAS, promoting the installation of culvert pipes will reduce future drainage problems in new construction by promoting the free flow of surface water runoff; and WHEREAS, the City Manager and City Engineer have recommended to the City Council to enact this resolution and to allow the city's participation in the installation of culvert pipes to be conducted on a case by case basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. CULVERT PIPE POLICY. establish a standard price, based upon the average cOst to It shall be the policy of the City of Sebastian to participate, where practical, in the installation of culvert pipes. Further, it shall be the policy of the City of Sebastian to the City for installation of a 24" diameter culvert pipe, to be offered for installation of culvert pipes. It is the intention of this policy to offer a price to property owners, within the City of Sebastian, for the installation of culvert pipes which will be less than can be obtained by citizens through private contractors. SECTION 2. COST. The cost for the city's installation of a culvert pipe, within the City of Sebastian, shall be $15.00 per linear foot of pipe installed. This rate may be amended from time to time by the City Council. SECTION 3. APPLICATION FOR CULVERT PIPE. Each applicant, desiring the City to install a culvert pipe, shall apply to the City for a culvert pipe permit. The application shall be made in a form approved and adopted by the City. An application for a culvert pipe will be considered by the City staff only after the application is completed in its entirety, all supporting documentation has been submitted to the city, a culvert pipe agreement signed by applicant(s), and the filing fee for said application has been paid to the City. 2 The City of Sebastian hereby adopts a standard application form to be used by applicants who desire to apply for a culvert pipe pursuant to this policy. A copy of said application is attached hereto as Exhibit "A" and by this reference incorporated herein. SECTION 4. APPLICATION FEE. The application fee for the City's review of an application for a culvert pipe shall be $50.00. This fee may be amended by action of the City Council. SECTION 5. CULVERT PIPE AGREEMENT. The City Manager and City Clerk are hereby authorized to execute such agreements, after approval as to form and content by the City Attorney, on behalf of the City of Sebastian as are necessary to implement this policy. Prior to acting upon an application for a culvert pipe, the applicant must execute a culvert pipe agreement, and submit said agreement to the City along with the application for culvert pipe. SECTION 6. REPEAL OF RESOLUTION NO. R-95-14. Resolution No. R-93-14 is repealed in its entirety. SECTION 7. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 8. SEVERABILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision, it shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 9. 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 Councilmember and, upon being put into 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 Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN 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 4 CITY OF SEBASTIAN APPLICATION FOR CULVERT PIPE INSTALLATION DATE: I/We, the owner(s) or authorized agent, of the below described lots, request a permit to install a culvert pipe between the following lots: Leqal Description of Lots: #1 Lot , Block , Unit Subdivision ~2 Lot Subdivision , Block , Unit Owner(s) b__y Deed (Name ~ Address) #2 The following documents must be submitted with this application: 1. A plot plan showing the location of the pipe. 2. Warranty Deed(s) for lot(s) where the pipe shall be located. 3. Culvert Pipe Agreement (signed by Applicant(s)). 4. Non-refundable application fee of $50.00, made payable to the "City of Sebastian". The application fee is non-refundable once the City of Sebastian proceeds with the review. The application and fee is for normal applications and the City of Sebastian, if just cause is found, may require additional material and additional fees. OWNER OWNER OWNER OWNER EXHIBIT "A" Approved By Resolution No. R-93-35 CITY OF SEBASTIAN CULVERT PIPE AGREEMENT This agreement is entered effective this day of , 19 , by and between the City of Sebastian, Indian River County, -~rida, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "city") and (owner of Lot #1) and (owner of Lot #2) (hereinafter collectively referred to as "owners") WHEREAS, the Owners own adjacent property as set forth in Exhibit "A" of this Agreement; and WHEREAS, the Owners desire to install a culvert pipe on the public utility easement between their property; and WHEREAS, the owners wish to obtain the economic and maintenance advantage of retaining the City, or the City's designee, for the purpose of installing said culvert pipe. NOW, THEREFORE, the City and the Owners hereby agree as follows: 1. The Owners agree that the City, or its designee, is hereby granted permission to install linear feet of (diameter of pipe) reinforced concrete pipe, cover same, and contour the surface for surface drainage in the utility easement on the lot line of Lot #1 and the lot line of Lot #2, in accordance with the requirements of the City of Sebastian (said lots being more particularly described and attached as Exhibit "A" of this Agreement). 2. The Owners agree to pay to the City, after obtaining a permit, and prior to any work being performed, $15.00 per linear foot of culvert pipe installed, for a total price of $ 3. The Owners agree that the City has the absolute right to require the removal, replacement, and/or repair of said pipe, the reopening of the ditch, or other corrective measures as are deemed necessary by the city. The Owners further agree that the Owners shall be responsible for removing any vegetation, fencing, or other obstructions, within one week of receiving written notice from the city, should the City require access to the easement for the performance of necessary maintenance or repairs. 4. The Owners, jointly and severally, shall indemnify and hold the City, its council members, officers, agents, employees and representatives, harmless from any and all liabilities, costs, damages, actions, attorneys' fees (including attorneys' fees to enforce the provisions of this agreement), and expenses from any and all claims or causes of action for bodily injury, death and property damage arising from or in connection with the work performed by the Cit~ hereunder, or by reason of any claim or dispute of any person or entity for damages from any cause directly or indirectly related to any action or failure to act by the Cit~, whether negligent or otherwise, its employees, representatives, subcontractors, suppliers or agents. 5. In consideration of the cost savings provided to the undersigned owners by the clt~, the receipt and sufficiency of which are hereby acknowledged, the undersigned, individually, and on behalf of their heirs and assigns, hereby releases the Cit~, its council members, officials, officers, employees and representatives, from any and all claims, actions, causes of action, suits, demands, injuries, damages, contracts, monies, attorneys fees, or claims of any nature or description whatsoever, including, but not limited to, those claims that arise from intentional acts, negligence, contracts, and statutory claims, which now exist, or which might hereafter accrue. 6. This agreement shall be governed by the laws of the State of Florida. Venue in any action arising herefrom shall be Indian River County, Florida. WITNESSETH: OWNER LOT #1 The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: WITNESSETH: OWNER LOT #2 The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: 2 ! I City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Bid award Dugouts Barber Street Sports Complex Approved for Submittal By: City Manager ~ ~- Agenda No: Dept. Origin Date Submitted For Agenda of ENG / P~ 07-19-93 07-28-93 Exhibits: Bid Tabulation Form EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Two bids were received as identified in the bid tabulation form attached. Apparent Low bidder was John Vetter and Sons Inc., a telephone conversation was held to insure that his bid proposal was for both dugouts and that the fencing was included. His response was affirmative for both items discussed and he confirmed that the price was all inclusive. His company is licensed in the City of Sebastian and based on the bidding procedures it appears that his price is fair and competitive. RECOMMENDED ACTION Move to award the dugouts for ballfield number four to John Vetter and Sons Inc. for $4,088. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 BID TABULATION CITY OF SEBASTIAN BIDS DUE CONTRACTOR/VENDOR Capp Custom Builders Vetter and Sons July 12th, 1993 2:00 P.M. ITEM Dugouts Dugouts DESCRIPTION Barber Street Barber Street NO OTHER BIDS WERE RECEIVED TOTAL $6,344.02 $4,088.00 i City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Bid Award Fence Installation BSSC Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted ENG / P~ 07-22 -93 For Agenda of 07-28-93 Exhibits: Bid Tabulation Form EXPENDITURE REQUIRED: $14,000. AMOUNT APPROPRIATION BUDGETED: $180,000. REQUIRED: SUMMARY STATEMENT The apparent low bidder Patriot Fence Company has not followed through diligently with the necessary exhibits and information that are required to apply for a license in the City of~ebastian. Several attempts have been made by staff to accoffiidate the fence company by allowing the information to be submitted the day that the licensing board met. Staff contacted them repeatedly in which they indicated the information was forthcoming. However, to date, the staff has not been in receipt of the reques,~d information. The company on two consecutive days ~ not returned phone calls. It is apparent that the fence company has lost interest in working in the City of Sebastian and therefore, should not be considered for any further work. The next apparent low bidder is Wood-N-Nichols, a local fence company in the City of sebastian. Their past work has been exemple~ary and they have installed the fence for the other three fields at the Barber Street Sports Complex. RECOMMENDED ACTION Move to award the bid in the amount of $14,000 for the fence contract for the Barber Street Sports Complex, Ballfield Number Four to Wood-N-Nichols. .206 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 BID TABULATION CITY OF SEBASTIAN BIDS DUE June 22nd, 1993 2:30 P.M. CONTRACTOR/VENDOR ITEM DESCRIPTION Patriot Fence Co. BSSC fencing Wood N Nichols BSSC fencing NO OTHER BIDS WERE RECEIVED TOTAL $ 8,951. $14,000. I i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Skydive Sebastian Sub lease Approved for Submittal By: City Manager Agenda No. Dept. of Origin: City Manager (RSM) Date Submitted 0?/22/93 For Agenda of 0?/28/93 Exhibits: - Price Letter Date 7/20/93 with Business Sub Lease SUMMARY STATEMENT The City has received a request from Mark N. Price to approve a six (6) month extension of his sub lease for Skydive Sebastian with Sebastian Aero Services. The extension would be for an additional six (6) month period. Skydive Sebastian is currently negotiating a land lease and drop zone lease with the City. Airport Manager, John Van Antwerp has reviewed the request and has no objections. RECOMMENDED ACTION Move to approve the sub lease between Sebastian Aero Service, Inc., and Skydive Sebastian, Inc.. TO FROM: Robb McCla~' Cia' Manager City. Hall Sebastian, Florida 32957 (407) 589 - 5353 Mark Price Skydive Sebastian Inc. PO Box 126 Roseland, Florida 32957 (407) 388 - 5672 20 July 1993 RE: Request for Ci.ty Council Agenda Item: Dear Robb, Due to the unresolved nature concerning Sky. dive Sebastian's negotiations with the City to lease property on the airport, we would like to be added to the Council Agenda for the 28th. We would like to request an extension of the sub lease with Sebastian Aero Services for an additional 6 months. There are no changes to the sub lease from the original (see attached copy). The extension should be more than adequate to cover the period of time required to complete negotiations with the Cit3., for an airport property. lease. Your assistance in this matter would be greatly appreciated. Any questions may be directed to Mark or Clay Price. ,/~ ,IUL 1993 epe ! ~ City Manage ,.-~, ~ice '~; , ~, ~- ? '. ,. Mark N. Price BUSINESS SUB LEASE THIS AGREEMENT, entered into ~'-:~ __ day of August. 1993. between SEBASTIAN AERO SERVICES, INC., hereinafter called t::c Lessor, part3.' of the first pan. and SKYDIVE SEBASTIAN, INC., hereinafter called the Lessee. pa'~y of the second part: WITNESSETH, that the Lessor does this day sublet unto said Lessee, and said Lessee does hereby hire and take as tenant under said Lessor. the two offices at the west end of the building located at 300 West Airport Drive and the unimproved property as identified by as "Attachment A" made a part of this agreement. Lessee agrees to use said property for the exclusive purpose of conducting skydiving operations and for no other purposes or uses whatsoever, for the term of six (6) months subject and conditioned on the provisions of clauses of this sublet beginning on the 1 st day of August. 1993, and ending on the 30th day of January., 1994, or for the six (6) month period of an even month beginning after approval of the sublet by the Sebastian City Council, if required, at and for the agreed total rental of payable in advance upon the first day of said sublet. Lessee will not sublet the premises without Lessor's written permission, such permission shall not be unreasonably withheld. All improvements are at the expense of the Lessee and shall remain upon the premises at termination or at the option of the Lessor or the City of Sebastian, remove said improvements at Lessee's sole expense. The follmving express stipulations and conditions are make a part of this sublet and are hereby assented to by the Lessee: FIRST: The parties shall review the sublet arrangements after fire (5) months for extension or modification of said lease by the mutual consent of the parties, failure to extend or modi .fy shall result in the termination of the sublet at the expiration of the sublet period. Any ex-tension or modification is subject to the approval by the City of Sebastian. SECOND: Lessor agrees to allow the use of the unimproved property for parachute packing and training of Lessee's clientele and use of the rest rooms by the clientele of Lessee. THIRD: Lessee agrees to purchase fuel, oil, maintenance and aircraft parts exclusively from Lessor for use in the primary aircraft of Lessee. Fuel will be provided for $1.899 per gallon, maintenance for $25.00 per hour, emergency, maintenance shall be at the rate of $30.00 per hour, fuel and oil prices subject to change as prices fluctuate with cost. Parts shall cost 25% above wholesale plus shipping. Maintenance may be performed by Lessee as allowed for owner/operators under Federal Aviation Regulations, a copy of said maintenance activities are defined in "Attachment B" made a parl of this sublet. FOURTH: Lessor shall be given the opportunity to provide supplemental aircraft and/or pilots in excess of the primary aircraft of Lessee at rates competitive to comparable aircraft in Lessee's industry. FIFTH: Lessee agrees not conduct any activities which would compete with the services offered by the lessor; specifically, but not limited to aircraft maintenance, sales, painting, or flight training. SIXTH: Lessee shall expressly prohibit the use of controlled substances by its staff or clientele and violation of this provision shall be grounds for immediate termination of said sublet. SEVENTH: Lessee shall provide to Lessor a cop5' of any insurance required by the Cit3.' of Sebastian, with lessor and the Ci~' of Sebastian named as additionally insured. EIGHTH: The Lessee shall name Lessor and the Ci.ty of Sebastian under all indemnification and hold harmless agreements used by the Lessee's clients. Additionally, Lessee shall provide the Cit3.' of Sebastian with a hold harmless and indemnification agreement for actions arising from the conduct of its operations. NINTH: Lessee shall construct fencing for the purpose of segregating the areas for the use of Lessees clients on the unimproved property, approval to be by the City of Sebastian or Sebastian Planning and Zoning Commission. TENTH: Lessee shall have the opt/on to construct a "pole barn" t3. q>e structure for the purpose of providing shelter from the sun. The costs of said structure shall be at the sole expense of the Lessee and said improvements to remain on the property upon termination of the lease or, at the option of the Lessor or the City of Sebastian, removed by the Lessee at the sole expense of the Lessee. Location of said structure to be mutually agreed upon by the parties. Access for electric service to be made available for extension to the structure. The construction of ~my improvements shall be conditioned on the prior approval by the City of Sebastian. ELEVENTH: Use of the unimproved property, by the Lessee to be non-exclusive with Lessors use to be mutually agreed upon. TWELFTH: Lessee agrees to accept the premises in the condition they are in at the beginning of this sublet and agrees to maintain said premises in the same condition during the term of said sublet. THIRTEENTH: This contract shall bind the Lessor and Lessee and their agents, successors, heirs as the case may be, of the sublet. FOURTEENTH: Violations of any provisions of this sublet shall be grounds for termination of this sublet and may be declared by Lessor, with an aviation knowledgeable mediator to arbitrate the violation should objections be given to Lessor in writing by Lessee within 24 hours of the declaration of a violation. FIFTEENTH: Use of the office space shall be non-exclusive with Lessor's use to be mutually agreed upon. SIXTEENTH: Lessor shall not be relieved of any obligations to the CiD' of Sebastian under the terms of its lease with the City of Sebastian by virtue of this sublet. SEVENTEENTH: Lessee acknowledges the existence of the certain Lease agreement between Fly Florida, Inc. and the City of Sebastian dated June 18. 199(I (the "Lease") and the subsequent sublease of the Lease with Sebastian Aero Services, Inc. The Lessee agrees to be bound by the terms and conditions of the Lease and agrees that ff there is any conflict between the terms of this Business Sub Lease and the Lease, the terms of the Lease shall control the rights and obligations of the Lessor and the Lessee. IN WITNESS WHERE OF, the parties hereto have hereumo executed this instrument for the purposes herein expressed, the da3, and year above written. WITNESSES Lessee Lessor Approved by the Ci.ty of Sebastian City Manager Ci.ty Clerk I City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 AGENDA FORM SUBJECT: ) Water System Connection ) Agreement Between City Of ) Sebastian & Captain Hiram's) ) ) ) ) ) ) ) APPROVED FOR SUBMI~A~BY: x~ ) ) city Manager: ) Agenda No. Dept. Origin Utilities Date Submitted /21/93 For Agenda Of 7/28/93 Exhibits: Water System Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: STATEMENT The attached Water System Connection Agreement between the city of Sebastian and Captain Hiram's has been revised as per the direction of the City Council at its July 7, 1993 meeting and at the request of Thomas Collins, President of Captain Hiram's as follows: 1) Paragraph 5 has been amended by requiring Captain Hiram's to connect to the City of Sebastian Municipal Water System when available within 60 days of receiving notice from the City. 2) Thomas Collins has requested that the specific requirement of the shareholder guarantee be deleted from the agreement based on the sound financial position of Captain Hiram's. Also, Mr. Collins said that there are more shareholders than those named in the original agreement and the future number of shareholders may be subject to change. After providing financial operating statements to City Attorney Charles Nash for his review, Attorney Nash concluded that the agreement need only be between the City of Sebastian and the Sebastian Inlet Marina & Trading Company, Inc., a Florida Corporation, doing business as Captain Hirams River Raw Bar and Seafood Cafe. 8~com~,~l~ED ~c?~o~ The Utilities ~artment is requesting ~hat Council approve the Water System Q~ction Agreement as revised. THIS AGREEMENT made this day of WATER SYSTEM CONNECTION AGREE~NT & ~ ~? ~_~om , 1993, by and between the City of Sebastian, a municipal corporation created and existing under the laws of the State of Florida, (the "City"), whose principal office is located at 1225 Main Street, Sebastian, Florida, 32958, Sebastian Inlet Marina & Trading Company, Inc., a Florida corporation, doing business as Captain Hiram's River Raw Bar and Seafood Cafe, (hereinafter "Captain Hiram's"), whose principal office is located at 1606 Indian River Drive, Sebastian, Florida, 32958, .... m~ ........... , ~.~ -~ an ........ ual, ~hrcc for egc~ng ............ h=~ einaf~er collectively l' ~harcks~ idcrs WHEREAS, Captain Hiram's has sought permission from Oyster Bay/Oyster Point Condominiums Association, Inc., a Florida corporation, (hereinafter "Oyster Bay") to utilize the potable water system owned and operated by Oyster Bay for a back-up to its own water system as described in a letter from P.F. Nohrr of the law firm of Nohrr, Nohrr, Boyd, Howze & Capps, P.A., to Thomas H. Collins, President, dated May 14, 1992, a copy of which is attached to this Agreement as Exhibit incorporated herein; and WHEREAS, Oyster Bay has "A", and by this reference issued a formal letter of authorization granting permission to Captain Hiram's to connect to the Oyster Bay potable water system; and WHEREAS, Captain Hiram's has notified the Indian River County Environmental Health Department of its intent to connect to the Oyster Bay potable water system, and Captain Hiram's has received verbal approval of such connection from Director Michael Galanis; and ..~_~..~_~ ~k= ~h~h~ld~ ~w~ ~]] ~ th~ issued and ont~tanding ..$.hares .of stock ~o..~ Capta~ n w~ ~'s~nd '~i!~ ~nn~ 1 l y~ b~nefit by the City enterin~ into this ~greem~n~ ~+b m~p~n 5ir~m' s; an~ W~R~AS, Captain Hiram's now seeks approval from the City to connect to the Oyster Bay potable water system. ~OW, T~EREFOR~, for and in consideration of the provisions contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City, Captain Hiram's ~ ~ ........ agree as follows: 1. Recitals: The recitals hereinbefore provided are incorporated by reference in this Agreement. 2. Costs of the Connection: All costs of installing the connecting pipe between Captain Hiram's and the Oyster Bay potable water system shall be borne by Captain Hiram's and the City shall not contribute any funds towards said costs. 3. Backflow Prevention Device: Captain Hiram shall install, at its sole expense, a backflow prevention device, which shall be one of the four devices as approved by the Florida Department of Environmental Regulation, that shall be located above the ground and accessible for inspection and viewing. 4. Permits: Captain Hiram's shall obtain all necessary permits from all applicable federal, state and local governmental entities and agencies prior to installing any portion of its connecting piping. i 5 Severance of. Connectin~ Pipinq: C~ptain Hiram's, agrees ~ever,~ its sclc~x~nsc, une connec~ng~or ~e-~n the Oyster Bay potable water system at the time that Captain Hiram's connects to the municipal water system available from the City. In addition, Captain Hiram's agrees to sever the tie with its own water well sy~tem~) at the time that Captain Hiram's connects to the~municipal water system.prcvldcd by thc Ci~y.- 6. Cross-connection: Captain Hiram's shall allow the City to conduct a cross-connection control survey on its premises prior to connecting to the municipal water system operated by the City. 7. Pluming Modifications: Captain Hiram's shall implement each and every modification required by the City to its existing pluming on site to correct any actual cross connections or potential health hazards which concern Captain Hiram's connecting to the municipal water system operated by the City, at the time that Captain Hiram's connects to the City municipal water system. 8. Indemnification: Captain Hiram's hereby agrees to defend, indemnify and hold the City harmless from and against any and all losses, expenses, jud~ents, reasonable attorneys fees, and any other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone in connection with or in any way related to this Agreement or the performance or failure to perform by Captain Hiram's its obligations under this Agreement. ~mary ~!i~cr~; =ii li=biliLi~s7 ubllgas~ons and ~u~ies 10. Notice: All co~unications required or permitted to be given hereunder shall be in writing and shall be deemed delivered by one party to another party when personally delivered to him or her or when placed in a depository under the control of the United States Postal Service, and mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to: T0 THE CITY: CITY OF SEBASTI~ Attention: City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: CHA~ES I~ NASH, ESQ. City Attorney Frese, Nash & Torpy, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 TO CAPTAIN HI~'S: CAPTAIN Hi~'S RIVER ~W BAR ~D SE~OOD CAFE Attention: PRESIDENT 1606 Indian River Drive Sebastian, Florida 32958 ~art in =~ . ~ Caf~ Bindino Effect: All the terms, covenants, warranties and contained herein shall be binding upon the 4 11. the representations parties, their heirs, successors and assigns. 12. Attorneys..~ees and Costs: If any action is commenced to enforce or to construe any term, covenant, or condition of this writing, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said~action. 13. Entire Aqreement: Except as is specifically stated herein, this Agreement constitutes the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not delivered in connection herewith. No party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. 14. Amendments: Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 15. Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the State of Florida, and venue for any action brought hereunder shall lie exclusively in Indian River County, Florida. IN WITN'ES$ WHEREOF: The City, Captain Hiram's, and~h~--S-ha~e~Dl~l-s- have caused this Agreement to be signed on their behalf on the date set forth above. CITX OF SEBASTIAN By: Attest: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Sufficiency: Charles Ian Nash, City Attorney Approved for utility matters: By: Richard B. Votapka, P.E. Utilities Director SEBASTIAN INLET MARINA & TRADI~ COMPANY, INC. By: President Attest: By: Secretary (Corporate Seal) WITNESSES: WITNESSES: WITNESSES: SHAREHOLDERS: Thomas H. Collins, Individually James P. Hoffman, Jr., Individually Marti~ H. Carter, Indivi~ly ~WA~ER SYSTZM COI~CTI~ON THIS AGREEMENT made this day of , 1993, by and between the City of Sebastian, a municipal corporation created and existing under the laws of the State of Florida, (the "City"), whose principal office is located at 122§ Main Street, Sebastian, Florida, 32958 and Sebastian Inlet Marina & Trading Company, Inc., a Florida corporation, doing business as Captain Hiram's River Raw Bar and Seafood Cafe, (hereinafter "Captain Hiram's"), WhOSe principal office is located at 1606 Indian River Drive, Sebastian, Florida, 32958. WHEREAS, Captain Hiram's has sought permission from oyster Bay/Oyster Point Condominiums Association, Inc., a Florida corporation, (hereinafter "Oyster Bay") to utilize the potable water system owned and operated by Oyster Bay for a back-up to its own water system as described in a letter from P.F. Nohrr of the law firm of Nohrr, Nohrr, Boyd, Howze & Capps, P.A., to Thomas H. Collins, President, dated May 14, 1992, a copy of which is attached to this Agreement as Exhibit incorporated herein; and NHEREAS, Oyster Bay has "A", and by this reference issued a formal letter of authorization granting permission to Captain Hiram's to connect to the Oyster Bay potable water system; and NHER~, Captain Hiram's has notified the Indian River County Environmental Health Department of its intent to connect to the Oyster Bay potable water system, and Captain Hiram's has received verbal approval of such connection from Director Michael Galanis; and 97/22/93 07:16 ~ 407 951 3741 FP~$E, NASH et al ~ 03 WHEREAS, Captain Hiram's now seeks approval from the City to connect tO the Oyster Bay potable water system. NOW, THEREFORE, for and in consideration of the provisions contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and Captain Hiram's agree as follows= 1. ]~: The recitals hereinbefore provided are incorporated by reference in thisA~reement. 2. Costs of th~Connec~ion= All costs of installing the connecting pipe between Captain Hiram's and tho Oyster Bay potable water system shall be borne by Captain Hiram's and the City shall not contribute any funds towards said costs. 3. Bnckflow Prevention Device: Captain Hiram shall install, at its sole expense, a backflow prevention device, which shall be one of the four devices as approved by the Florida Department of Environmental Regulation, that shall be located above the ground and accessible for inspection and viewing. 4. ~L~: Captain Hiram's shall obtain all necessary permits from all applicable federal, state and local governmental entities and agencies prior to installing any portion of les connecting piping. 5. ~everance of Connectin~PiDin~a: Captain Hiram's agrees that within sixty (60) days of receivin9 notice that the City of Sebastian utility system can provide potable water to Captain Hiram,s, Captain Hiram's shall, at its sole expense, sever the connecting pipes or tie-in with the Oyster Bay potable water system 2 07/22/95 07:16 ~' 407 B51 ~741 FP,.[iS~, MASH e~ al ~ ~4 and that Captain Hiram's shall connect to the City of Sebastian municipal water system. In addition, Captain Hiram's agrees to sever the tie with its own water well system(e) at the time that captain Hiram's connects to the City of Sebastian municipal water system. 6. cross-connection: Captain Hiram's shall allow the City to conduct a cross-connection control survey on its premises prior to connecting to the municipal water system operated by the city. 7. Plumbina Modifications: Captain Hiram's shall implement each and every modification required by the city to its existing plumbing on site to correct any actual cross connections or potential health hazards which concern Captain Hiram's connecting to the municipal water system operated by the City, at the time that Captain Hiram's connects to ~he city municipal water system. 8. Indemnificatio~: Captain Hiram's hereby agrees to defend, indemnify and hold the City harmless from and against any and all losses, expenses, judgments, reasonable attorneys fees, and any other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone in connection with or in any way related to this Agreement or the performance or failure to perform by Captain Hiram's its obligations under this Agreement. 9. Notice: All communications required or permitted to be given hereunder shall be in writing and shall be deemed delivered by one party to another party when personally delivered to him or her or when placed in a depository under the control of ~he United States Postal Service, and mailed by certified or registered mail, 3 07/22/93 07;17 ~ 407 951 3,741! FRESE, NASH e't. a'{ [~ 05 return receipt requested, postage prepaid, addressed to: TO THE CITY: CITY OF SEBASTIAN Attention: City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: TO CAPTAIN HIRAM'S: CHARLES IAN NASH, ESQ. City Attorney Frees, Nash& Torpy, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 CAPTAIN HIRAM'S RIVER RAW BAR AND SEAFOOD CAFE Attention: PRESIDENT 1606 Indian River Drive Sebastian, Florida 32958 parties, their heirs, successors and assigns. 11. ~%%ornevs Fees and Costs: If any action is commenced to enforce or to construe any term, covenant, or condition of this writing, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 12. Entire Aareement: Except as 18 specifically stated herein, thi~ Agreement constitutes the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not delivered in connection herewith. No party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. 10. B~Ddina Efface: All the terms, covenants, warranties and { the representations contained herein shall be binding upon the { 07/22/93 07:17 ~ 4B7 951 3741 FRESE, NASH e~ ~1 ~ 06 13. ~Lg/Lq~P_~3~: Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 14. ~9¥ernina Law: This Agreement shall be governed and enforced in accordance with the laws of the State of Florida, and venue for any action brought hereunder shall lie exclusively in Indian River County, Florida. IN WITNESS WHE~BOP: The city and Captain Hiram's have caused this Agreement to be signed on their behalf on the date set forth above. CITY OF ~EB~TIAN By .' Attest: Kathryn M. °'H~lloran, city Clerk cMc/ g (Seal) Approved as to Form and Sufficiency: kharles Ian Nash'~ dity Attorney Approved for utility matters: By: Richard Bi V0tapka, P.E. Utilities Director 07/22/93 0',:18 '~' 407 951 3741 FP, ESE, NA~H e% ~1 ~ 07 (Corpora=e Seal) I City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE PACE 2000, INC. Agenda Number: 223 Date Submitted: 07/14/93 Approved For Submit~j_.By: ) City Manager ,~ ~ For Agenda Of: 07/28/93 ) Exhibits: ) Land clearing application dated ) 07/15/93 ) Survey ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the city Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Pace 2000, Inc. is requesting removal of one specimen tree on a property at 574 Alamanda Avenue (Lot 1, Block 25, Sebastian Highlands Unit 1). The tree (one pine) is located on the proposed location for the pool and septic drainfield. RECOMMENDED ACTION Move to approve the removal of one specimen pine tree located on Lot 1. Block 25, Sebastian Highlands Unit 1. CITY OF SEBASTIAN / APPLICATION FOIl CLI,:ARING AND REMOVAL AND/OR RELOCATION OF TREES S'I.'I~ E ET ADDRESS: LOT NO.: [ SLOC No.: SUBDIVISION UNIT Nt. , : OWNER OF PROPERTY: C L; ~44~ F~.~.~,._~[/A PHONE NO.: I certify that all the foregoing information :is .~:curate and that all work will be done in complia.ce with tl,e band Development Code ( Article XiV ) APPLICATION MUST INCLUDE: 1. On a survey, locate all spec~m~, t~ees (=0 ~nch diameter or more). Indicate which t.~e:,s- - ','' to be removed and/or relocated, lndicate the species of each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. Applicant must tag all specimen trees w.i. tl~ a bright ribbon around the tree approximately 6 fo, ,.- ..:et above the grade. Office Use Only S1. TE INSPECTION B¥:~_.. //~,~-"--l~ :'~ ........... LAIE) "": ?..E'../.'.~-~-~ APPROVED FOR PERMIT: YES: NO: ~/'~ ..... MUST OBTAIN CITY COUNCIL APPROVAL: YES: iF YES, DATE OF CITY COUNCIL APPROVAl,: City of Sebastian POST OFFICE BOX 780127 r.J SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 REFERENCE: N 0 T I C E LOT BLOCK 2-~ UNIT~ PARCEL# ~$~$~%-;-; ~{~~ Your project may be within habitat utilized by the Florida Scrub Jay, a bird on the federal threatened species list. Therefore, the .City of Sebastian recommends that before initiating any development activity, .including land clearing, you contact the Uni:ed States Fish and ,Wildlife Service (USFWS) at (904)-232-258~ for requi~ed consultation under the Endangered Species Act. According to the USFWS of the requirements of 1531-1543) regarding: endangered and threate Act and implementing prohibit the "take" o without Federal autho among other activiti wildlife and plants re activity or omission, , this 'consultation must occur because ' ~he EndangerDd Species Act (~6 U.S.C. .the responsibilities .in protecting ned species. The 'Endangered Species regulations found in 50 CFR Part 17, f any endangered or threatened species rization. Take is defined to include, es, the harassment or harming of gulated under the law. Further, any including disruption or modification of habitat occupied by a threatened or endangered species, which significantly alters the behavior or creates the likelihood of injury or death, may constitute a violation of the Endangered Species Act. "Activity" in this context can include, .according to the USFWS, actions of local governments. The City of Sebastian has no required by the Endangered Species Jays. The City of Sebastian's should ~therefore not j~e-~construed A/cknowl e d~me~6~ / authority to issue the permits Act with regard to Scrub approval of your project to authorize actions that Act. Bruce Cooper Director of Community Development Attachment to Landclearing Permit scrubjay.wp .~ I I I i I I I I I I I I I City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE TOZZOLO BROTHERS Approved For S~ City Manager Agenda Number: Dept. Origin: Community Development (BC) Date Submitted: 07/13/93 For Agenda Of: 07/28/93 Exhibits: Land clearing application dated 07/13/93 Survey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Tozzolo Brothers is requesting removal of one specimen tree on a property at 727 Smith Street (Lot 23, Block 47, Sebastian Highlands Unit 2). The tree (one pine) is located on the proposed location for the house. RECOMMENDED ACTION iMove to approve the removal of one specimen pine tree located on Lot 23, Block 47, Sebastian Highlands Unit 2. CITY OF SEBASTIAN / APPLICATION FOR CLEAR1NG AND REMOVAL AND/OR RELOCATION OF TREES LOT NO.: ~~ BLOCK NO.: ~] UN1T NO.: ADDRESS:. <.~ ~ ...... ZIP: O~NSR OF PROPERTY:.,, ADDRESS: z: I certify that all the foregoing info,'mation i~ ac;curate and that all work will be done in compliance with tJ,e Land Development Code ( Article XIV ) Signature (~~ ~ ~_~__~---' APPLICATION MUST INCLUDE: 1. On a survey, locate all specimen trees (20 inch diameter or more). Indicate which trees to be removed and/or relocated. Indicate the species of each tree. All specimen trees (20 inch diameter or more) to be removed or relocated must obtain the approval of the Sebastian City Council. A survey indicating all improvements must be submitted in relation to the removal of the specimen trees. 2. Applicant must tag all specimen trees with a bright ribbon around the tree approximately 6 feet above the grade. Office Use Only APPROVED FOR PERMIT: YES: - NO:L//L/~~- MUST OBTAIN CITY COUNCIL APPROVAL: YES:~ NO: IF YES, DATE OF CITY COUNCIL APPROVAL: i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Lohsl- Wedding Reception 8/21/93 Approved For Submittal By: city Manager Agenda NO. 7&/. ~ oriqin City Clerk Date Submitted 7/21/93 For Aqenda Of ~ Exhibits: Application dated 7/.21/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STAT]~MENT The city of Sebastian has received a request from Linda Lohsl for use of the Community Center on August 21, 1993 between the hours of 6:00 PM and 10:00 PM with use of alcohol at this event. RECOMMENDED ACTION Move to approve the request for use of alcohol at this event. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Number of Persons constituting grou o3_9/_qgaaization: ...... ~le~e ~ ~ or ~: 1) ~e ~tche~ facilities re~ired? 2) ~e ~u a resid~[ of Sebastian? 3) Will d~ratioas be ~t up? 4) Will ~ere ~ ~ a~ssio~ or ~r charge? 5) ~ilI ~holic be~eNg~ ~ seNed? (a) If ~r to ~5 is ~es~ /~, (b~. If akohol b b ~ se~ed, pe~szzon b ~he presented /~/~ AP~CN~ / DISAP~OVED Searit¥ Deposit paid on ?-~ ..¢._~ (date) in the amoqnt of , ~ or Cash. Rental Fee paid on (date)/~2n the amount of ~ c~..~ , or Cash ~itial Alcoholic Beverage R~est heard at the ~uncil ~e~inqon (da~e). Re~es~ ~PR~/ F~ Waiver Re,est heard at the ~uncil Meedn~ on. (date). Re, est ~PR~ / D~i~. Key Pickup Date Key Retu~ Date Se~rity De,sit retu~ed ~ City ~eck ~ in the a~unt of on {date) City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589~5330 n FAX (407) 589-5570 SUBJECT: Appointments for Handicapped Self Evaluation Committee APPROVED FOR SUBMITTAL BY: City Manager: ~~ AGENDA NO. ~/9, 2 Z 7 o Dept. Origin Pers nn 1 Date Submitted 7/12/93 For Agenda Of 7~ Exhibits: One application and warrant check EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The attached application is submitted for your consideration as a first alternate on the Handicapped Self Evaluation Committee for the City of Sebastian. Mr. Foster would complement the skills of the committee and help the City accomplish its goal of complying with the Americans with Disabilities Act. RECOMMENDED ACTION Review the attached application and appoint Mr. Foster as the first alternate for a three year term to the Handicapped Self Evaluation Committee. ¢5.22? DDRESS: 73 / HOME TELEPHONE: 6. ?. 8. 9. BUSINESS ADDRESS:~"?~ BUSINESS TELEPHONE: soc~ ~c~ ~~: 10. 11. 12. 13. 14. 15. Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? RESUME OF EDUCATION AND EXPERIENCE:3~/~.~. JOHm~L / .... 2' / (use additional sheets if necessa~ or submit resume if available) Voter registration no. Yes Yes PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY CO.~M. ITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING A/~D ZONING HANDICAPPED COMMITTEE I I I I I I I I I it. What qualificDtions_ d.o you have_to serve on this board? !7. What reasons do you have for wishing to. s.erve.,~'~~~ry boar d. . I Yes 18. Have you ever been convicted of any felony or an~,~ _~. misdemeanor involving moral turpitude in this or any ~a~e~':''' 19. Would you consider serving on another Board other ~an~he one(s) you selected above? Yes No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. App 1 ican~ Signature Subscribed and sworn to before me this 9th day of June b ' 19 93, y Ph~ll~ R. Fo~ter . . , who is personally known to me O~K~F~X~{~XXX~DCQOCCYXXX~~~ . (SEAL) Notary Public, U~tate of Florida I I~ATRICIA A. JONES ~ublic. Smce of Florida Name of Notary (Printed or Typed) IIX con . F..xpims Dec. ~, C~47494 \ws-form\application ! I City of Sebastian 1225 Main Street~ SEBASTIAN, FLORIDA 32958 i TELEPHONE (407)589-5330 D FAX (407) 589-~70 _ i SUBJECT: MEMBERSHIP APPOINTMENT ) Agenda Number. ~5,22~ TO THE CODE ENFORCEMENT BOARD ) - ~~ ) Dept. Origin: Co,unity Development ) . ~c) I Approval for Submittal By: ) Date Submitted.. ............. 7./21./93. , ) /~/~ ) For Agenda Of: 7/28/93 I City Manager ~ v . ) ~ ) Exhibits: ) 1. Letter dated June 28, 1993 from I ) George Metcalf ) 2. Application for George Metcalf ) 3. Application for Jean Brantmeyer ) 4. Application for Vernon Slavens i > I EXPENDITURE AMOUNT APPROPRIATION I REQUIRED: BUDGETED: REQUIRED: I SUMMARY STATEMEN~ I At the Code Enforcement Board meeting of July 21, 1993, a motion was made by Vice Chairman Joan Kostenbader and seconded by Mr. Louis Nicolini to i recommend to City Council the reappointment of George Metcalf for a second term expiring in 3 years (August 1996). I RECOMMENDED ACTION Move to recommend to City Council reappointment of George Metcalf for an Iadditional 3 year term which will expire August 1996. I I I I "City of Sebast£an I Code Enforcement Board P.O. Box 780127 i Sebastian FL 32978 Members Of the Board: i My first term as a Board Member expires in August 1993'. I respectfully request your reccomendation to the City I Council that I be re-appointed for an additional three year term in the Engineers position. . During my first term the proceedures and objectives I widely varied until finally resolved at the June regular meeting and at the joint meeting with the City Council. would like ~o participate in the Board action to achieve I maximum compliance with our city codes. I have the time, engineering training and experiences to be an effective Board member. i M ember:-Code Enforcemen~oard I June 28,1993 i i C~TY OF SEBAStiAN Planning & Zoning Board Applied '~or: Name: George N. Metcalf '~< .... Date of Birth: 17 March 1918 Social Security Number: Sex: Male Note: Each question must be completely answered. If additional I space is required, please attach additional sheet(s) and clearly identify the q~estion to which you are responding. List all residential addresses fo~ the past ten years beginning I with , your present ad~-ress, and working back in reverse I chronological order. Please ~nclude your present residential ~e!ephone number. Present Street Address: 425 Pine Street ~ep~o e ..... Sebastian,Florida ........ Te n : [ if different): 1445 20th Avenue ...V~r o Bea'cn, Flor i~"a ' " PresenUMalltng Address Street Address: Street Address: Street Address: Are you a registered voter in the City of Sebastian? Are you & registered voter in Indian River Cowry? yes Education High School: Lane Technical High School Address: c~'~ ~ao, I~linQ~. Date of Graduation: June 193.6.. College/University: University of Illinois Address: .. ' Ch.~p.aian-Urbana, Illinois Major: ~ivi! encine~.~.ing Da~es A~tended: AUgust 19~8~i950 Degree Received: withdrawn for convenience of USAF 'College~UniverSity: Florida State University ~E~2 ~~1 semeste~ ~=~== ~ece~ve~. atchelor of acience _~_~.. College/University. Oklahom~ State University Address: ~w~~ ~ OK ............ . Major. Tndu~tr~al Enqi~ee'ri~gDa%~s A~tehded:' A,~t~t i958-Jun& 1~959 Degree .Received7 ster of Science '' ' ~mployment Lis~ all .employment activity for the past ten years, beginning with your present position and working back in reverse chronological order. Please include the telephone number where you can be contacted during, business hours. Present Occupation: Employer: Mailing Address: Date of Employmen=: O&cupation: Employer: Mailing Address: Dates of Employment: Occupation: Employer: Mailing Address: Date of Employment: I am.'fretired. My past work experience is best .~Umm. ar~zed ~' uhe a'~a~hed. resume Phone: Phone: Describe in detail all of your business or mi!itar~ experience which you believe is par~icu!ar!y applicable to the position you are seeking. ..... ,SEE ATTACHED RESUME Please list all professional licenses which you hold (contractor accounta~.~, etc.) ' Name of License: Issuing Authority: Date of Issuance: 'Da~ of Expiranion: Name of License: Issuing Authority: Date of Issuance: Dane of.Ex~ Please list t~e names of.all.relatives who are presently employed I by the City of Sebastian, serving on an appointed Board of the City of Sebastian; or who are Members of the City Council. you ever been convicted of felony or a mi involving theft or dishonesty? ,, NO ..... , i If yes, please indicate charge, name of adjudicating court, date of adjudication, and sentence. References Please identify two persons who can provide information as to I your reputa=ion in the community. Name: Richard O. Lambert Street Address: ~ 3"00 'Fe'l'£eSmer~ Nd.' ....... . I Mailing Address ........ ,- p_o. DQ~ 780187,Sebas Kan, 2978 Residence Te!ephone:.~64-3557 Business Tele~hohe:.58,,9_~,.Tu Name: Fr. Joseph Lesage . Street Address. . 3800' - ' 134t~.$t. Sebastian,FL. Mailing Address (if different). I Residence Telephone:589_6255 ~ Busin-ess' Te!ebhone: ~7~ .. In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, o~her than present or past employers, who can provide information' concerning your reputation in the business community. Name: Street Address: ........ Mailing Address '( i~' dl'ffe'~en=) ~' Business Telephone: Name: Street Address ................. Mailing Address (if differenu): Residence Telephone: Business Telephone: Please provide a brief statement as to why you are seeking this appoint~nent. I feel that ~education, past experience and knowledge of 'the area would be an adv~an. ~t~a..~e ~t~o_t~.e__ a_nn_l_ng ' sion. Bein~ ~t~ed, I' have the time _ . The wei~are Of"'" the" C~ty. ' ,. ~m I acknowledge that I have read Constitution and Laws of the State general qualifications for and responsibilities of official, including the following specific provisions: Florida Constitution Article II, Section 5a - Dual Office Holding Article II, Sec=ion 8 - Code of Ethics Article VI, Section 4 - Disqualification for Felony '% Conviction Florida Statutes (1987) Section 116.111 - Nepotism Section 112.311 - Legislative Intent and Declaration of Policy Concerning Code of Ethics Section 112.312 - Definitions Concerning Code of E~hics Section 112.313 - Standards of Conduct for Public Officers and Employees of Agencies Section 112.3141 - Additional Standards of Conduct for - Public Officers Sec=ion 112,3143 - Voting Conflicts. Section 112.3144 - Full and Public Disclosure of Financial interest~ Section 112.3145 - Disclosure of Financial Interests an~ Clients Represented Before Agencies. Section 112.3146 - Public Records Section 112.3147 - Forms Section 112.3151 - Extensions of Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting Requirements During Meetings of Public Bodies the relevant sections of the of Florida pertaining to the a public I hereby certify tha~ I am qualified to hol~ the positio~ for which ~%is applica~ion is made. Fu. rther, I hereby authorize the City of Sebastian to investigate the truthfulness of all information, which I have provide~ i~ ~%is application. I understand that any misre~resenta=ion or omission of information requested in this applicatiom is cause for disqua!ificatio~ or removal. I understan~ that t-he City Council of the City of Sebastian may suspen~ or remove from office anF municipal board member for malfeasance, misfeasance, neglecte~ duty, habitual d~-unkenness, .4 incompetence, duzies. Further, any municipal misdemeanor related indicted or misdemeanor. SWORN I or permanent inability to perform his official .r, i _understand t.hat the City Council may suspend I board member who is arrested for a felony or for. a . ated to the duties of his office or who Ks informed against for the commission of any felony or I ,., ~15~_. ' / :% -o~.~' ~ubli6, $~a~e of Florida i My Commission Expires: I ~otary Pubfi..c,~ $,~ate of I~or;cfa My Co~nni~ion F.:,pires Doc. 10, 1992 ~ct Thru Tm}, FoI~ o ~u~ 1~.~ I I I I .. Re~ume George N. bel,air Personal Dat~: Age - 71, native born U.S. Citizen Married - one child Holds current FAA Commercial Pilot License - Airplane Single and Multi Engine Land- Instrument [ducalion...' Graduated 1943, Lane Technical High School, Chicago, Illinois. Attended undergraduate courses in business law and accounting, Northwestern Uni versity, Chi cago. Completed pilot tralnlng 1943, Craig Field, Selma Alabama. Completed statistical control officers course 1947, Lowry Air Force Base, Denver, Colorado. 3 years plus, undergraduate civil engineering, 1948-1950, University of Illinois. Batchelor of Science Degree, Florida State University, 195t~. Master of Science Degree, Industrial Engineering, Oklahoma State University, 1959. Completed U.S. strat, eglc Intelligence course, Wasington D.C., 1962. Completed Air War college associate course seminars, 1963. Attended undergraduate courses In travel administration and photography, Columbia College, 1979-1980. Attended the International City Managers Association/National League of Cities workshops, Washington B.C. 1987. Attended the Legislative Workshop of the Florida League of Cities, TaIlaha~see, F1 ori da, 1987. Attended' the "nuts & bol ts' workshops of Growth Management Act, Tampa, Florida, 1988. Attended the annual meeting workshops of the'Marine Resources Council, 1988 & 1989. E~pedence Summary,.' Includes major responsibilities for the management of Special Projects. Co- ordinated efforts of intra and international organizations. Has accepted these responsibilities and performed to the highest ethical standards requlre~ of anyone managing Public Funds. CH~DNOL~.~.!C,~L .~'['I.NG DF PrJSITIO~I8 HELD A;ID SIGN,. ,CANT EXDE,q)ENCE: /98? - l.~89.-City Councilman - City of Sebastian, Flor-ida Althougtl in the minority or tl~e Council durino the First of a two ~ o~' term, accomplishments that year incly.ded obtaining a ~.ounc~,~' M~.m~!?.r Torm o~ Government For the City.~oo,o:"-'-*.-i~ng., with this effort were fellow Councilmen Vailone and Roth, the ICMA and tile ~" '" . .. . ~ ~or~ua L~.ague nF Cities. During the second year of the term major accomplishment,.~ inc!jded establishing se!ecUon procedures and~,,~'~,-.~-.~.-,,., ~.~ For hiring and procu~Fement of services consistent with ~ove~mentai ..- '~.~' - . orQ,~n~a~.~o~'.~ For the Sta~ of Florida. Ordinanc~s wer~ obtai",~e~ .~ to control.~.num,n~ny'~ ~ ~ ' ~ operations in t;he City and the Airport ~-~'~.-~ ~,-~,~.,.,r~o,t to the F~. '~ --., ' good ,~.~,~. PLan ~ ,.~ ........... ' ' ..... L,,~I ,~l~ ~ . rapport was estab!isi~ed with the int~rgovsrnmentai~g~n~;~' "es. 1984 - 1987.. Served on the Airport Advisory 8bard beginning as ~.n alternate member and was Vice-Chairman ':.,,.hen ele,J,.eo" ' to Citu.. ~oun,.,l-~ offic@. Helped establish the Airport Master Pl;~.n ,_~n,! attended meeting:.~ in Orlando where the Study Contract '.'.'~¢,~ ,~ given the "authority ',.o .oroceed". 1986.-Unsuccessful attempt was made in a race to become Mayor of Sebastian, Florida. 1~64 - i_(z70.. Department Manager in the advanced product planning division of McDonnell Aircraft Company which later merged with the Douglas Aircraft Company. Reported directly to the Vice-President of the division and contributed valuable input to Corporate Policy decisions. Traveled extensively within the Corporate Community, Research Laboratories and Governmental Agencies. Established Sound inter-agency relationships. i.~6I - l.~: Assigned duty as Ao.~.,.ant Deputy/Foreign Technology, ASD. Responsible for the organization, planning and implementation of ~. new concept of Technical intellinoenc~., within the ~eronautical .~y.~ Division, AFSC. Management respon~ibili*' ~ .e,~hn)cat ,~e~ included general ~ - ' direct.ion for twenty one engineers d~,e~,.ly engaged in the ' '~" ~uOUl.~,~lOn of world-wide research data, the technical analysis of acquired information and the dissemination of such '" + ua.a to apDrop~ate scientific and other personnel within the ASD. Duties also ~ ,n~,uded monitoMng the appiication of foreion technology info~ation to ~SD ~ ~ ~ ,,,~.u effo~.s, far, ion and ,.~me~,.,c., ~.hat F~i,~t~u Lo all areas in the ~F::C Applied Reasesrch pro,]ram of USAF weapon system proposed of in deveiooment. Performed anal eie 'A~'~ frsquently and was projgct manager for one .~n.:.,tive ~'.:F:~ contract. !_¢5_¢' - I_¢'~/.' AS$1gned du~,y as Systems Projects Officer, F-108 5PO, W- PAFS. Upon cancellation of the F-108 project, was reassigned to I:he iM-99B (BOMARC) Systems Project Office. Duties consisted of six months as Chief - Test Branch, and one year as Chief - Activation Branch. Specifically responsible for the planning and implementation of the IM-99NB R&D test program. As Chief of the Missile Branch, duties included heading the contractor/USAF Accident Investigation Team. Reports from investigations were utilized by Flight Safety Research to develop procedures and techniques I'or investigating IM-99 accidents. Directly responsible for correction of deficiencies in weapon systems noted during investigations. Given full authority for any action deemed necessary to insure that IM-99B missile sites were activated in accordance with scheduled lOC dates. /.¢$Zi' - /95~- Completed requirements and awarded the MS Degree in Industrial Engineering at Oklahoma State University, Stillwater, Oklahoma. /952- /95~.- Assigned Air Proving Ground Command, Elgin AFB. Duties Included four years as Test Operations Officer and was di~ctly r~sponsible for test planning, coordination and implementation of operational suitability test programs. Held scheduling and operational control authority of the APGC human and material test resources. During thls time, Initiative was taken to write the original Operations Plan and Ops. Order for the first 'USAF Fire Power Demonstration." Was directly responsible for the implementation of this order as well. Those same responsibilities also covered twenty-two USAF air shows. Assignment at APG6 included two years of duty as the USAF officer responible for conduct of the USAF Air Crew Indoctrination Program. Requirements for a B$ Degree under the 'Bootstrap" program at Florida State University, Tallahassee, Florida were completed while assigned to the APGC. /.¢.~/.' Reassigned to Japan as Deputy Group Commander and subsequent duty as Commander, .40th F igl~l, er Interceptor Squadron. /95'~7 - /9~/.- Completed cam~at tour by flying with the ROKAF prior tn assignment of an official advisory group to the ROKAF. Was solely responsible for the flight and combat train, ing of the initial twenty-five ROKAF pilots. This tour included duty as base commander. 3 I~'46 - I.~4~.' As.~tgned to the Air Training Command. Duties included instructor pilot of foreign students.and R&D officer. As ~uch, r~sponsible for development and procurement of an Interim pilot's crash helmet and for the development of a towed target technique. Additionally, made $ignif'icant contributions to the Fighter Gunnery Manual and to planning of the Fighter School at NeIlis AFB, 'Nevada. lg~/,.T' - Ig4~' Fighter pilot, Pacific Theater. /g. d2- lg~/,~: Aviation Cadet. I~dditian,a!. I r~l'o_..rmalier~: The foil owing comments regarding personality traits and professional capabilities were extracted from performance ratings prepared by military supeMor$: 'A supeMor manager who consistently demonstrates his ability to secura the willing cooperation of p~ople. I-lis pleasing personality, unobtrusive manner, academic and military experience, along with his demonstrated high standard of personal performance, are the basis of his exceptional leadership ability. He is willing and capable of making decisions based on sound engineering logic and readily accepts responsibility for such decisions. I-te willingly accepts tasks and ls both energetic and tireless in his actions to accomplish those tasks in a timely and effective manner.' "~ SEIIASItAN' · · POL C H ~_~.I sn~-.~r .... ~ Ea'Ie L. P~lly: Chlel ol Police .... - ...... Utile · ame 29, 1993 [ U : Ka~ M. O'H~lor~, Ci~ Clerk FR~4 : IIIV~[IUS[0r Render h ct]eck for wants/warrants for the above referenced applicant/board ,~er reveal U,at. . . ~ ~ active wahl ur warrant for .s~ject is o,, file. ( ) ~ active warra,,t or want does exist and [ollow up will occur. _ (~ Ho~ ~ Fla. ~i~'s Lic~e . Sebastla, Police Ueuart,,e,,t TO: FROM: SUBJECT: DATE: I City of Sebastian I POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 I M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investigation ~ Board ADDlica~.on ~gD_r_q~ N. Metcalf J%hne 28, 1993 Attached please find board application of George N. Metcalf, for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure APPLICATION TO SERVE ON CITY BOARD 10. Voter registration no. ¢0 ~ OB 0 ll. Are you a resident of the City? Yes !/ No ~.. Length of"Residenc~ ~ ~ ' 13. Do you hold a public office? Yes No Y 14. Do you serve on a City Board at present? Yes No ~/ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "l") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ~/ *CONSTRUCTION BOARD *PLANNING AND ZONING /~ F~NDICAPPED COMMITTEE 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~ 19. Would you consider serving on another Boar~ other than the one(s) yOU selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all ' information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal.' I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor... I hereby authorize the Sebastian Police ~epartment 'to run an active warrant check on .me.. ,. Subscribed and sworn to before me this /~ day ~~~ , ~o me or nas produced ~z{ '..~" . who is personally known as identification. (SEAL)- \ws- form\ appli cation N~/a~ PubliC,' State of Florida Name of Notary (Printed or Typed) Post Olllco Box Sebastian. ri. 3,-.970 o' (401) D/~IE : IU : i"RU4 : SLUJE£1' : Hatch 19, 1993 Kathryn M. O'H~lloran, City Clerk l~vesLlg~qLor Gary McCarthy Wallt/'W[i['r~llL []leck - hpJJJJCSllL Jean BraRtmeyer check for uaf~Ls/uarranLs for tile above referenced apDllcanL/boar[I ,~lIJer [eveal LI~aL: X'-.3" No acllve walll or ,arraf~t for.subJect Is [,n file. ( ) An active uarra,,t ,ir ,a,,t does exist and rollo~ up will occur. Sebast,lar, Police Ue,~art,,e,,t ~ FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 tn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 H E M 0 Ear].e Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Invest.[__qation - DQard Application Jean Brantmever March 16, 1993 Attached please find board application of Jean Brantmeyer for investigation, in accordance with Resolution No. R-89-13, to serve on a city Board. /js Enclosure . BUSINESS ADDRESS: · 8. DRIVERS LICENSE ~BER: 9. RES~E OF EDUCATION AND EXPERIENCE: ..~ (use additional sheets if necessa~ or submit res~e if available) 10. 11. 12. 13. 14. 15. 16. Voter registration no. Are you a resident of the City? Length of Residency Do you hold a public office? Yes · Yes No Do you serve on a City Board at present? Yes No PLEASE,~HECK THE BOARD(S) YOU ARE INTERESTED iN SERVING ON: (Please number in order of preferenoe with first'choioe being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve qn th~s board? , ..,., , . ~ ~ ,~. ~ ~ ,,,,...~ ~...,,~ ~ ~.~ ~. . 17. What reasons do you ha%e for wishing to serve on an advisory board? ,?~.._~ .~.,,:. .~ .~ .,. ~..,~. ~ .. .... ~. ~/~..,~ =., = ,~ i c.,t ,' '" ~t8~- -Have you ever been convicted of any felony or any o~mis'dem~anor involving moral turpitude in this or any state~ Yes No 19. Would you consider serving on another Boar~other than the one(s) you selected above? Yes _~L No _ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. i understand that the City Council of the City o'f sEBASTIAN may suspend or remove from office any municipal board member for m m~lfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed'against for the commission of any felony or ,misdemeanor. I hereby authorize the S~.ian Police Department to run an active warrant .check on me. y~/~'x /~ y~ ~!~ppiic~~gnatu~ to~e or has pr6duced ' , ~s personalty as identification, m \ws-form\application o~ary Public, -State of Fi%rida Name of Notary (Printed' or Typed) Commission No. SEBASTIAN POLiCE Ealle t Petty, Chief of Police r, ost omc,, Oox 7aoi: Sebasllan, FL 3291§-0i', {407l MEMURfiNDUM DAlE : IU : FRU4 : S~,YF__C I' : // check March 17, 1993 Kathryn M. O'Halloran, City Clerk InvestluaLor Gary McCarthy Want/Warrant Cl~ck - AplJllcanl for wnnts/warranLs For the above Vernon Slavens rere[enced apol leant/board .~.IJer revea! tidal: No active wa,,t or warrant for .subJect Is t., rlJe. fin acLJve warra[,L ur wahl does exist and follow up w111 occur. Sebastian Police Ueuartn,ant TO: 'FROM: SUBJECT: DATE: City of Sebastian P(3ST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 c] FAX (407) 589-5570 M E M O Eacle Petty, chief of Police I(al-h'cyn M. O'IIalloran, City Clerk ~_[!!y!'~'.~_t~i~at] on - Board ADp!~ation Vernon Slavens t,.lal:ch 15, 1993 Attached please find board application of Vernon Slavens for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure SUBJECT: APPOINTMENT, CONSTRUCTION BOARD TRUMAN SMITH, CONCERNED CITIZEN KEITH MILLER, ALTERNATE CONCERNED CITIZEN Approved For Sub.al By:._ City Manager City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407)58g-5330 m FAX (407)589-5570 ) Agenda Number: q,~. 77 f Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: Applications for: !. Keith D. Miller 2. Jean Brantmeyer 3. Wayne R. Tozzolo 4. Vernon Stavens 5. Truman Smith (BCf 07/22/93 " 07/28/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held July !3, 1993, the Sebastian Construction Board made and passed the following motions unanimously: Motion by Mr. Haney~ seconded by Mr, Mosby to recommend to City Council to appoint Truman Smith f~ Alternate Concerned Citizen to Concerned Citizen. Carried. Motion by Mr. Haney, seconded by Mr. Capp to recomlnend t.o City Council that Keith D. Miller be appointed as Alternate Concerned Citizen for the Sebastian Construction Board. RECOMMENDED ACT_,.o:, Move to appoint Truman Smith to the Sebastian Construction Board from Alternate Concerned Citizen to Concerned Citizv, n fo]' the unexpired term to expJze 9/30/94. Move to appoint Keith D. Miller to the Sebastie, n Construction Board as the Alternate Concerned Citizen for the unexpirt~c',, term ~o expire 9/30/95. ltl. 22 ? AME: HOME ADDRESS: ~ ~ ,. 961 Riviera Avenue ~3z HOME TELEPHONE: (407) 388-9004 BUS INESS: Ret ired BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: Attached (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. 12. Are you a resident of the City? Length of Residency Yes X No 4 years 13. 14. 15. 16. Do you hold a public office? Yes No X Do you serve on a City Board at present? Yes No X PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD -- *PLANNING AND ZONING X HANDICAPPED COMMITTEE -- What qualifications do you have to serve on this board? I have 20 ,years of plumbing experience. 17. What reasons do you have for wishing to serve on an advisory board? I would like to help. in evaluating and improving the needs of Sebastian' s fast-growing,,population/community. Have you ever been convicted of any felony or any mi.~d~meanor involving moral turpitude in this or any state? Yes No X 19. Would you consider serving on another Board other than the one(s) you selected above? Yes x No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I' understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness· incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant Signatur~ KEITH D. MILLER Subscribed and sworn to before me this ]2TH day of MARCH 19 9--3, by KEITH D. MILLER , who is personally known to me or has produced FL. DL. ~; as identification. (SEAL) N°~a-ry~ublic, State of Florida SYLVIA I. CIDLOWSKI Name of Notary (Printed or Typed) MY COMMISSION EXPIRES: ]-30-96 Commission No. \ws- form\ appl ication OBJECTIVE: EXPERIENCE: 1983 - 1985 1975 - 1983 1971 - 1975 1969 - 1971 1966 - 1969 Keith D. Miller 961 Riviera Avenue Sebastian, FL 32958 (407) 388-9004 Seeking a responsible and rewarding plumber's position where previous experience, ability, and education will be of mutual value and allow for potential growth in a new fied of endeavor. THE DEPARTMENT OF MARINE AND AVIATION Plumber Duties include: - Supervises/directs and is responsible for plumber's helpers in altering, repairing, extending, and maintaining plumbing, drainage, and gas systems - Makes decisions relative to methods of doing work - Prepares work schedules - Makes work assignments - Inspects equipment~ fixtures, and piping systems in order to be able to properly maintain - Prepares job orders and requisitions for tools, materials, and equipment - Keeps records and makes reports THE DEPARTMENT OF CORRECTION Duties include the same as above AL TROMER PLUMBING COMPANY Duties include: - Assisted plumber in preparing tools and materials for work - Obligated for on-the-job clean-up - Responsible for plumbing vehicles - Maintained plumbing shop - Performed related dumies SERVED IN THE UNITED STATES ARMY R. J. LYNCH, INC. Duties include: - Spray-painting, sandblasting, welding, and torch-burning of machines - Repaired bowling equipment - Renovation of bowling machines and alleys - installed bowling machines EDUCATION: Community College - Math - Computer Science Bill Marion School for Plumbing Mechanics Institute indian River College - Bus Driving Course - Basic Refrigeration - Floral Arrangements SEBASTIAN POLICE DF, I'A R'l'bl F, NT Emle L. Polly. Chle! of Police Post office [3ox 7~101 Sebasllan. FL 32978-0! (4o?) H E Ft U R R NIJ U ~ IU : FRLH : 5LUJECT : March 16, 1993 Kathryn M. O'Halloran, City Clerk I{]ves[]Us[ur McCarthy Wanl~arranl Ul{eck - ~pl~llcanL check for wants/warrants for the above .e.0er reveal that: ( ) Keith D. Miller referenced appl leant/board No active win,l: or warrant for .subject J s t,n rile. An active warranl rjr want [Joes exist and rollow up will occur. 'J[hVes['l~[~ : ~ Sebastian Police Deuartne~{t ~" TO: FROM: SUBJECT: DATE: I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investigation ~ Board AmDlication ~D. Mil~er March 12, 1993 Attached please find board application of Keith D. Miller for investigation, in accordance with Resolution No. R-$9-13, to serve on a City Board. /js Enclosure APPLICATION TO SERVE ON CITY BOARD · . ..... ~ . ~ . ~. ~., ~, . (use additional sheets if necessa~ or submit res~e if available) 10. ll. 12. 14. Are you a resident of the City? Yes 1,~/ No Length of Residency ~,,~L~ - Do you hold a public office? Yes No / Do you serve on a City Board at present? Yes NO~/ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ~ *CONSTRUCTION BOARD *PLANNING AND ZONING ,/~' HANDICAPPED COMMITTEE 16./ What qualifications do .you hawe to serve ~n this_b, oard? . ~ - , - . , , ¢" , .... . ./. , , ~:, , 17. What reasons do you-have for wishing to serve on an advisory 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? / Yes No.%/ 19. Would you consider serving on another Boar~ other than the one(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this .application. i understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police ~epartment to run an active warrant check on me. Subscribed and sworn to before me this /~ ~ . day of ?~~ by , who is persona y kno " to me or h~s p'~Odua~d ~{ ..~ ",, as identifioation. (SEAL) \ws- form\ application N~ary Publfc, State of Florida Name of NOtary (Printed or Typed) City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 TO: FROM: M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk SUBJECT: InvestiGation - Board A_Dplication JeaD B_rantme~ DATE: March 16, 1993 Attached please find board application of Jean Brantmeyer for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. SEBASTIAN DP, PAl{ rM F, NT Eado L Polly, Chle[ of Police Post Olllce Box Sebasllan, FL 32g?E~} (407} MEMURRNDUM D/lIE : IU : FRUN : SUBJECI : March 19, 1993 Kathryn M. O'H~lloran, City Clerk Investigator Gary McCarthy WanlA~ar[anl U~eck - hplJllca~lt check for wants/warrants for the above me~Oer reveal LhaL: Jean Brantmeyer referenced apol leant/board ~ No active wa),t or .arrant for .subject Is on file. ( ) An active warrant or uant does exist and follow up will occur. Sebastlan~Pollce Oe,,art,e,,t -y PPLICATION TO SERVE ON CITY BOARD- HOME TELEPHONE BUSINESS ADDRESS: ~,~ BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE ~BER: 9- RESUME OF EDUCATION AND EXPERIENCE:. ~:~ ~C~o,~ - ~o~ ~~-- (use additional sheets if necessary or submit resume if available) 10. Voter registration no. ~O~O~ 16. 11. Are you a resident of the City? Yes~No~ 12. Length of Residency 13. Do you hold a public office? Yes No / 14. Do you serve on a City Board at present? Yes~ No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ----- *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve on this board? i7. What reasons do you have for wishing to serve on an advisory board? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~'~ 19. Would you consider serving on another Board other than the one(s) you selected above? Yes No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant Signature Subscribed and sworn to before me this 19__, by to me or has produced day of , · who is personally known as identification. (SEAL) Notary Public, State of Florida Name of Notary (Printed or Typed) Commission No. \ws- form\application SEBASTIAN POLICE 1) i;,I,A I(TM I;,NT Eo;le L Polly. Chlel ol Police Post Olllce I)ox 71~ 9ebesllan. I'L. 3211111-. i407) ~EHUII fl II LI UH OhlE : IU : FIILI4 : SUBJE[:I : h cl~eck for ~n.ts/.ar[a. ts n~nljer reveal that: July 2, 1993 Kathryn M. O'Halloran, City Clerk lllYeS[iUo[o[ Render Wantf~a[ [~llt ~l~ck - N~il Ica, t Wayne R. Tozzolo rot [I,e above referenced aoollcant/boa[d I C)<:l No active .a,,t or ,arral,t for.subject Is v, file. ( ) hn active ,a[ra.t ur ,alit does exist a,d fol]o~ up ,111 occur. I (~ Holds valid Fla. Driver's License . Sebastla, Police TO: FROM: SUBJECT: DATE: City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 M E M 0 Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investiaa~ion ~ Board ADDlication ~ayne ~ Tozzolo July 1, 1993 Attached please find board application of Wayne R. Tozzolo, for investigation, in accordance with Resolution No. R-91-38, to serve on a City Board. /js Enclosure . 9. BUSINESS TELEPHONE: ~ ~" ~ ~/CT SOCIAL SECURITY BER: DRIVERS LICENSE NUMBER:~g RESUME OF EDUCATION AND EXPERIENCE: / ~ / , (use additional sheets if necessary or submit resume if available) 16. 10. Voter registration no. Are you a resident of the City? Yes'/No 11. 12. Length of Residency 13. Do you hold a public office? Yes No~'~' 14. Do you serve on a City Board at present? Yes No 15. PLEASE.CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first~'choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD . ~ *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualificat, ions do you have to serve on this board? , . .................. 17. What reasons do you have for wishing to serve on an advisory ~.,board? , '~ ~>'--,~ ~,~ ~'~'~'~ / ~,'~' ~'.~11,'8:' ~Have you ever been convicted of any felony or any mis'demeanor involving moral turpitude in this or any state? ~ Yes No 19. Would you consider serving on another Boar~other than the one(s) you selected above? Yes _~__ No I hereby certify that I am qualified to hold the position for which this application is made. Further, i hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed ,against for the commission of any felony or mi s demeanor. I hereby authorize the S~as~an Police Department to run an active warrant check on ~APp 1 icant~-~z gnature Subscribed and sworn to before me this ~ day of ~ 19~_~, by ...... ~f/~;~ ~V/~ , o~s personal~y known to~e or has produced as identification. (SEAL) No~ Public, -s%ate of F~or~-d~' ]Pame 'of Nota~ (Printed' or Typed) Co~ission No. \ws- form\ appl i cation City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 M E M 0 TO: FROM: SUBJECT: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk Investigation - Board Application Vernon Slavens DATE: March 15, 1993 Attached please find board application of Vernon Slavens for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. /js Enclosure SEIIASTIAN PO. LICE D I,.PA.IiTM F. NT Emle L Poll),, Chic! o! Police I Post OIIIce Box Sebasllan. FL 32911~' MEMURRNUUM DAlE : IU : FRLN : S~JEC! : March 17, 1993 Kathryn M. O'Halloran, City Clerk lllVeS[IUS[Or Gary McCarthy Nant~a[[mll Ul~eck - RPlJllCalll Vernon Slavens check for wants/war[aais for lhe above referenced applicant/board ,en0er reveal that: 4...9/ No active want or warrant for ,subJect Is o,] file. ( ) An active warra,,t or want does exist and follow up will occur. ebastlan Police Deuartnent -d~7'-- APPLICATION T__O SERV___~E ON CITY BOARD .... I 1 NME: 2. HOME ADDRESS: 3. HO~S wsns~so~s: ~g_ /7~ 4. BUSINESS: " 6. BUSINESS TELEPHONE: _. 7. soc~n S~CU~T~ ~~: 3 (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. 15. Voter registration no. ~ ~ ~ ~ Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes ~ No Yes__ NO~_ Yes__ No_~ PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING AND ZONING HANDICAPPED COMMITTEE 16.What qgalifications do you. have to serve on thts~boardo ~ / l?. What reasons do you have for wishing to serve on an advisory board? ! // ~ , 1~'. ~ Have you ever been convicted of any felony or any m~sdem~.n~r involving moral turpitude in this or any state? '.-~/ ~ Yes No ~ 19. Would you consider serving on another Board other than the one(s) you selected above? Yes _~_ No __ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all. information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. 4~plic ant Signature Subscribed ~ sworn to before me this to me or has produced , who is p~rsonal~y known as identification. (SEAL) \ws- form\ appl ic ation 9. Education and Experience. Associate Deqree, DeVry technical Institute, Chicaqo, Electronics Dale Carneqie ~raduate Contractor Exam School qraduate Mike Holt School qraduate Commercial-Instrument Pilot State Certified Class B A/C contractor. CAC051504 State Certified Unlimited Electrical contractor. EC0001278 Water and sewer contractor and qeneral contractor in Wisconsin for 10 years. Zoninq Administrator for Burnett County Wisconsin for approx. 2 years. John Deere dealer in Wisconsin for 6 Years. Managed John Deere dealerships and installed IBM computer systems in same for 6 years Owner of Palm Aire and Electric for 3 years City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 B FAX (407) 589-5570 M E M O TO: FROM: SUBJECT: Earle Petty, Chief of Police Kathryn M. O'Halloran, City Clerk ~nvestigation - Board Application Truman Smith DATE: September 24, 1992 Attached please find board application of Truman Smith for investigation, in accordance with Resolution No. R-89-13, to serve on a City Board. Enclosure SB~ 2 5 1992 SEBA~, 1/AN POLICE DEPARTMENT Earle L. Pelly, ChJel' of Police Post OIIIce Box 780~; Sebasllan, FL 32978-0~; {407) 589-523.' MEMURANDUM Dale : ILl : FRLIVl : S~JEIZT : September 29, 1992 Kathryn M. O'Halloran, City Clerk Investigator Gary McCarthy WantA~arrant £heck - apd!lcant Trt~an Smith fi check for wants/warrants for tile above referenced applicant/board member reveal that: ~ No active wa.t or warrant for.subject Js on file. ( ) an active warrant or want does exist and follow up w111 occur. estimator- - ~," ' ...... ~ Sebastian Police Deuart-~ent ~ City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: AMERICANS WITH DISABILITIES GRIEVANCE PROCEDURE APPROVED FOR SUBMITTAL BY: City Manager: ~ Dept. Origin. Personnel Date Submitted 7/12/93 For Agenda Of 7/28/~ Exhibits: GRIEVANCE PROCEDURE EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A SUMMARY..STATEMENT The City of Sebastian's Handicapped Self Evaluation Committee has reviewed and approved the attached Grievance Procedure in compliance with the Americans with Disabilities Act. The complaint procedure is required under 56 Fed. Reg. 35718, Section 35.107 of the law. A procedure is required by any jurisdiction with 50 or more employees. While it is our hope that this procedure will not be needed, it is advisable to develop and approve a procedure prior to it ever being needed. Review and approve Grievance Procedure. RECOMMENDED ACTION the attached Americans With Disabilities City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AMERICANS WITH DISABILITIES GRIEVANCE PROCEDURE 1. Ail complaints regarding access or alleged discrimination on the basis of a disability must be submitted in writing to the City's ADA Coordinator. A decision by the ADA Coordinator will be rendered within fifteen working days from receipt of the grievance. A record of the~laint and action taken will be maintained by the Coordinator. 2. If the complaint is not resolved by the ADA Coordinator, the complainant may appeal the decision to the City's ADA Compliance Committee within .f~ve~_~5) working days. The ADA Compliance Committee will hear the c°m~laint in a public meeting and issue a decision within 30 days from the date the complaint was received by them. Ail proceedings will be recorded and maintained. 3. If the complaint is not resolved, by the ADA Compliance Committee, the complainant may appeal the decision to the City Manager within five (5) working days. The City Manager will review the complaint a~o resolve it promptly and equitably. The City Manager will respond to the complainant in writing within ten (10) days~from receipt of the complaint. 4. If the complaint is not resolved by the City Manager, the complainant may appeal to the City Council. An open, public meeting will be held to discuss the complaint prior to the Council voting on the issue. A decision will be made within 30 days from the date the complaint was received by the Council. The decision of the City Council is final. 5. A record of action taken on each request or complaint must be maintained as a part of the records at each level of the grievance process. 6. A complaint not advanced to the next higher step in the grievance procedure within the time frames specified will be deemed permanently withdrawn and as having been resolved. 7. Individuals have the right to pursue other legal remedies. The use of this grievance procedure is not a prerequisite to the pursuit of other remedies. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: SAFETY POLICY STATEMENT APPROVED FOR SUB~ City Manager: Dept. Origin Personnel~ Date Submitted 7/12/93 For Agenda Of 7/28/93 Exhibits: SAFETY POLICY ......... STATEMENT EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A S~RY STATEMENT The City of Sebastian's Safety Committee has reviewed and approved the attached statement and recommends that the City Council vote to incorporate the attached statement into the Standard Operating Policy, Section 16 Safety_~ This policy statement will also be incorporated into an Employee Handbook at a later date. It is the intent of this Committee to assist in setting up reasonable and realistic safety rules for all employees to follow. This statement is the first in a series of safety rules the Committee hope to promulgate and have approved by the City Council. RECOMMENDED ACTION Adopt Resolution No. R-93-34 pertaining to the Safety Policy to incorporate it into the Standard Operating Policy. RESOLUTION NO. R-93-34 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, ADOPTING A SAFETY POLICY STATEMENT; PROVIDING FOR THE iNCLUSION OF SUCH STATEMENT IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESO- LUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian needs a policy statement that clearly states the responsibilities of management, supervisors and individual employees as relates to safety. WHEREAS, the policy of safety is necessary to assist the City in limiting its workers compensation claims and general liability. NOW THEREFORE, BE iT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I. The City of Sebastian Safety Policy Statement, attached hereto as Exhibit "A" is hereby adopted. SECTION II. The City Clerk is hereby directed to supply a copy of this statement to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said policy statement. SECTION III. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION IV. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember 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 Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: BY: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Chalres i. Nash, City Attorney EXHIBIT A CITY OF SEBASTIAN SAFETY POLICY STATEMENT People are our most important asset - their safety is our greatest responsibility. This safety program, developed to assume compliance with Federal, State and Local regulations, is our commitment to protect our employees against occupational injury or illness, and to prevent property damage and interruption of operations. This commitment extends to the protection of those we serve, the general public. Management and supervisory personnel will be accountable for the safety of the employees working under their supervision. Supervisors are expected to see that all operations are conducted in a safe manner at all times. As employees, you have a responsibility to yourself for your own safety, and also to your family, fellow employees, and the community. All employees are expected to follow safe procedures and take no unnecessary chances. You are required to use all safeguards and safety equipment provided, and make safety a part of your job. Good safety records reflect the quality of management, supervision, and the work force. Our policy is to accomplish work in the safest possible manner consistent with good work practices. Management at every level is charged with the task of translating this policy into positive action. APPROVED , 1993 BY: Robert S. McClary, City Manager I i City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: UTILITIES SERVICE WORKER I Job Description Approval for Submittal By, City Manager: ~~ ) Agenda No. ) ) Dept. of Origin Utilities ) ) Date Submitted, July 20, 1993 ) ) For Agenda Of, July 28, 1993 ) ) Exhibits: Resolution R-93-32= July 14, 1993 memo to council EXPENDITURE AMOUNT REQUIRED: n/a BUDGETED= n/a APPROPRIATION REQUIRED, n/a SUMMARY STATEMENT By virtue of a tie vote by the City Council at its July 14, 1993 meeting, the Utilities Service Worker I job description was not approved. Since the 1992/1993 Budget Amendment was approved at that meeting, I am requesting that the job description be placed on the July 28, 1993 Council Agenda for approval. I have written a memo dated July 14, 1993 to the City Council through City Manager, Robb McClary to substantiate the need for the position of Utilities Service Worker I. I thought that by expressing the detailed reasons in writing for the position for Council, I would not need to utilize an inordinate amount of time at the Council meeting for a major oratorical presentation. RECOMMENDED ACTION I request that Resolution R-93-32 be adopted by the City Council. RESOLUTION NO. ~-g3-32 ~ RESOLUTION OF THE CITY OF BEB~STI2~N, ~ND~2~N RIVER COUNTY, F~ORID~, ~LDOPTZNG ~ ~OB DESCRIPTION FOR THE POSITION OF UTILITIES SERVICE WORKER ~; PROVZD~NG FOR INCLUSION OF SUCH ~OB DESCRIPTION IN THE CITY OF SEB~STI~ ST2L~IDllLRD OPERa, TING PROCEDURES~ PROVIDING FOR REPF~L OF RESOLUTIONS OR P~RTS OF RESOLUTIONS ~N CONFLICT HERE~iTH~ ~ PROVIDING FOR ~N EFFECTIVE D~TE. WHERF~S, the Sebastian City Council has determined that the Utilities Department has need for a service worker. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: ~ ~., The job description for the classification of Utilities Service Worker I, attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION $~ All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effective immediately upon its adoption. The foregoing Councilmember by Councilmember a vote, the vote was as follows: Resolution was moved for adoption by . The motion was seconded and, upon being put to Mayor Lonnie R. 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 , 1993o CITY OF SEBASTIAN, FLORIDA By: Lonnie R. Powell, Mayor (SEA L) ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash City Attorney EXHIBIT A UTILITIES SERVICE WORKER I MAJOR FUNCTION This is an entry level service maintenance position in water distribution and/or sewer collection and transmission systems. This is predominantly manual work associated with the construction, maintenance, and repair of the City's water and sewer infrastructure. At the present time, this position works directly under the Utilities Director. ILLUSTRATIVE DUTIES 1. Installs water meters. 2. Reads water meters. 3. Repairs leaks in water line service. 4. Maintains area surrounding meter box. 5. Opens or shuts off service at the curb for meter installations, disconnections, or reconnections. 6. Checks/cleans/maintains valves. 7. Maintains and repairs fire hydrants. 8. Sets up and follows a maintenance schedule for lift stations, hydrants, valves and blow offs. 9. Performs various chemical tests. 10. Perform other duties as required. MINIMUM OUALI~ICATIONS Knowledge, Skills, Abilities 1. Knowledge of basic water and sewer materials and terms. 2. Ability to communicate, orally and in writing. 3. Ability to follow directions and work independently. 4. Ability to read maps and blueprints. 5. Ability to complete simple reports and forms. 6. Ability to work outside in all kinds of weather performing manual labor and to work in small spaces. Education and experience The minimum requirements for this position are a high school diploma or G.E.D. and limited work experience working with a water or wastewater system. License or certification Must possess a valid Florida driver's license and be able to obtain a Florida Chauffeur's license within six (6) months of request. Must be able to pass a respiratory physical for self-contained breathing apparatus within six (6) months from date of hire. DATE: FROM: TO: SUBJECT: MEMORANDUM July 14, 1993 Richard Votapka, Utilities Director Mayor Powell and City Council Through City Manager, Robb McClary Utilities Service Worker I Following tonight's split 2 - 2 vote on the City Council during the absence of the Mayor Powell with regard to approving the job description for the Utilities Service Worker I position, I have formulated a compromise that hopefully will be acceptable to the full council. I have addressed some of the obvious concerns expressed during both the July 7 and July 15 meetings in this memo as follows, Concerns were raised that the Utilities Service Worker position is basically a menial type position. The duties of Utilities Service Worker I are more involved and complex than that of Maintenance Worker I in the Public Works Department. I have enclosed a copy of both job descriptions for Maintenance Worker I and Utilities Service Worker I so you can compare the functions, duties, and qualifications. Let me contrast a few of the differences below: Maintenance Worker I Utilities Service Worker I Unskilled and limited semi- skilled manual labor Semi-skilled in plumbing and electrical and has the ability to perform chemical testing, as well as manual labor Works under supervision; Tasks are assigned Works independently~ has ability to find jobs to be done in the field; is a self starter Routine & repetitive in nature Some tasks will be routine and repetitive, others will be specialized and varied depending on the situation Page 2 of 4 Memo of July 14. 1993 to City Manager No administrative skills required Must record data entries in meter book, meter forms for lift stations, work orders, and entries in water plant log book. Must be able to read blueprints. 'Mas the mathematical ability to mentally round to the nearest 1000 when reading meters. Has limited contact with the public Hust be able to communicate with residents regarding bills, meter readings, and minor technical problems Concerns were raised that a starting salary of $18.720.%0 per year is high for this particular position. Listed below is a salary comparison between both positions, Maintenance Worker I Utilities Service Worker I Salary Entry $16.432.00 Upper Limit $21,726.00 $18,72O.OO $24,003.20 Hourly Comparison Entry $ 7.90 $ 9.00 Upper Limit $10.45 $11.54 Basically, there is a $1.10 per hour difference between both the Maintenance Worker I and the Utilities Service Worker I positions. However, in looking at the contrasting Job descriptions, it should be evident why the Utilities Service Worker I position should demand a higher pay scale. Concerns were raised that the individual should be part-time. I believe that by having an individual full time, I can attract a good qualified person to meet the expectations of the position. Based on past experience, I am inclined to think that a part-time person may transfer to a full time position within another City department as soon as the occasion arises. I would not fault that person for bettering Page 3 of 4 Memo of July 14, 1993 to City Manager his or herself but this factor must definitely be weighed in hiring a part-time person. The part-time position would pay $1.56 per hour less than full time, thereby creating an incentive for the employee to seek full time work. I would not want to train a part- time individual only for him/her to leave and have to spend more of my time in re-advertising, re-interviewing, and re-training an individual. I would propose that even though the Utilities Service Worker would be a full time position, the individual could be assigned as an extra crew member to help with the Public Works Department during slack periods in the workload if this would occur. The Utilities and Public Works Department would then be able to share an individual and both mutually benefit. I have spoken to Dan Eckis about this type of arrangement. He informed me that he could use more personnel and has budgeted for several new employees in the 1993/1994 budget. D. Concerns were raised about utilizing local contractors. I personally have no problem with using local utility contractors on jobs that are too big for one individual to handle in the field. I have already had to have the original contractor who installed the lift station for City Hall repair the severed discharge pipe in the bottom of the wet well. The job was more than I could manage by myself since I could not pull up the pump and reseat it. The repair cost $150.00. As soon as time permits, I plan to develop a request letter to solicit local utility contractors interested in doing emergency and non-routine maintenance work for the City. I would request that they submit the following to me. 2. 3. 4. 5. 6. 7. 8. Evidence of qualifications, licenses held, experience, etc. Proof of Insurance Acknowledgment of lawsuits or liens against them during the last five years List of 10 water and sewer projects performed in the last five years List of equipment owned or currently on lease List of personnel Commitment to be able to perform emergency work and the names of emergency contact people Ability to supply materials during emergencies Page 4 of 4 Memo of July 14, 1993 to City Manager I would welcome further suggestions as well. I would want to set this up on a rotational basis and possibly with a minimum or maximum ceiling on cost so as to be as fair and equitable as possible in giving a fair share of work to each contractor. However, as the Director, I would use my judgment as to who may be selected to perform a specific type of emergency job depending on the equipment, personnel, and complexity of repair or installation necessary once I had the opportunity to review the submittal from each Contractor. I would prefer to assign the Utilities Service Worker to do most of the small Jobs as possible without having to resort to hiring an independent contractor. I believe that an employee will develop a much better working relationship with me over a short period of time knowing what to expect to be done in the field, than a contractor who I would have infrequent contact and communications with. i believe the Utilities Service employee will pay more attention to detail than a worker who is arbitrarily selected by the contractor to do the job. Also, I am sure that costs for a small Job will be more economically controlled and accomplished by a qualified employee rather than an outside contractor. Lastly, my time in explaining the job to be done and location of it would most likely involve less time with my employee than with a worker assigned by a contractor to do the job. My own concern is that without a Utilities Service Worker to do the field work, I will not have sufficient time to properly fulfill my administrative responsibilities. Consequently, I cannot do as much as I would like to at present. I am only asking for one position for at least one year. Should GDU agree to the terms presented by the City Manager or should the City construct a water or wastewater treatment plant to expand water or sewer lines into unfranchised areas, the need for more workers will grow. However, in the immediate future, I perceive that one full time utilities service worker will be sufficient to provide for a well maintained, good operable system which will satisfy the needs of our current customers in Park Place and Palm Lake Club and the four lift stations for which the City is responsible. EXHIBIT A UTILITIES SERVICE WORKER I ~JOR FUNCTION This is an entry level service maintenance position in water distribution and/or sewer collection and transmission systems. This is predominantly manual work associated with the construction, maintenance, and repair of the. City's water and sewer infrastructure. At the present time, this position works directly under the field supervisor. ILLUSTRATIVE DUTIES 1. Installs water meters. 2. Reads water meters. 3. Repairs leaks in water line service. 4. Maintains area surrounding meter box. 5. Opens or shuts off service at the curb for meter installations, disconnections, or reconnections. 6. Checks/cleans/maintains valves. 7. Maintains and repairs fire hydrants. 8. Sets up and follows a maintenance schedule for lift stations 9. Perform other duties as required. MINIMUM QUALIFICATIONS Knowledge, Skills, Abilities 1. Knowledge of basic water and sewer materials and terms. 2. Ability to communicate, orally and in writing. 3. Ability to follow directions and work independently. 4. Ability to read maps and blueprints. 5. Ability to complete simple reports and ~orms. 6. Ability to work outside in all kinds of weather performing manual labor and to work in small spaces. Education and experience The minimum requirements for this position are a high school diploma or G.E.D. and limited work experience in a water or wastewater facility. License or certification Must possess a valid Florida driver's license and be able to obtain a Florida Chauffeur's license within six (6) months of request. Must be able to pass a respiratory physical for self-contained breathing apparatus within six (6) months from date of hire. MAINTENANCE WORKER MAJOR FUNCTION This is unskilled and limited semiekilled manual labor. Usually work is performed under ~he immediate direction of an employee of a higher classification, but many tasks assigned be carried on wi=hour difficulty and under only general sup~r- vision. ILLUSTRATIVE DUTIES Works on patch, shoulder or finish in the road with asphal: or rock. Rakes asphalt. Helps other workers to check grade stakes. Cleans ditches. Assists in installing new and old road signs. Clears brush from roadsides. Performs minor maintenance work in painting, repairing, etc. of various facilities. Sweeps walks: removes refuse and paper from grounds. Cuts, trims, waters and fertilizes lawn and bushes. Loads and unloads heavy material from trucks and vans. Moves or aids in moving furniture or equipment and large, bulky objects. May operate some ligh~ equipment. Performs related work as required. crew. Patches holes i MINIMUM QUALI~FI~ATION~ Knowledge. Abilities and Skills: Some knowledge of simple tools used in maintenance and construction. Ability to understand and follow oral ~r written in- structions. Ability to operate simple m&¢hiner. Ability to' read and write English. Sufficient physical strength and agility and freedom from disabling defects to do heavy manual labor, occasionally under adverme weather conditions. I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: BILLING POLICY IN REGARD SHUT OFF OF WATER/SEWER SERVICE APPROVED FOR SUBMITTAL BY: City Manager: ~~C'~ ) ) DEPT. OF ORIGIN UTILITIES ) ) DATE SUBMITTED July 20, 1993 ) ) FOR AGENDA OF JULY 28, 1993 ) ) Exhibits: Memo of 7/20/93 EXPENDITURE AMOUNT REQUIRED= n/a BUDGETED: n/a APPROPRIATION REQUIRED: n/a SUMMARY STATEMENT The City's Utilities Department has reviewed the policy in regard to involuntary and voluntary shut off of water/sewer service adopted from the County after receiving several complaints. The attached memo of July 20, 1993 from Richard B. Votapka, Utilities Director explains the policy in detail. RECOMMENDED ACTION The Utilities Director reguests direction from Council as to which policy the City ought to adopt in regard to the three types of shut off categories. DATE= FROM: TO: SUBJECT: MEMORANDUM July 20, 1993 Richard Votapka, Utilities Director ~ Mayor Powell and the City Council Through City Manager, Robb McClary City of Sebastian Billing Policy in Regard to Shut Off of Water/Sewer Service The current policy of the Indian River County Utilities Department concerning shut off of service is as follows: 1. INVOLUNTARY SHUT OFF FOR A QELINQUENT ACCOUNT If a utility bill remains unpaid after the due date shown on the bill (20 days following the billing date), a "delinquent notice" is sent ~o ~he customer on the loth day following the due date. If the bill still remains unpaid by the date shown on the delinquent notice, the Utilities Department will turn off the service at the meter for the delinquent account and lock the valve. The customer will continue to receive minimum monthly bills which will include a billing charge, base facility charge, taxes, and a penalty. Once charges have accrued past or equal to $350.00, a lien is placed on the customer's property. VOLUNTARY SHUT OFF FOR A TEMPORARY PERIOD If a customer voluntarily requests shut off of service for a temporary period, as many people do who return to %he northern states for the summer, the County will shut off the valve at the meter and lock it. The County continues to bill the customer the minimum bill each month which includes the billing charge, base facility charge, and ~axes. For residents in Palm Lake Club, the minimum monthly bill is calculated as follows= Page 2 of 4 pages July 20, 1993 memo to Robb McClary a. Billing Charge (water) $2.00 b. Base Facility Charge (water) 9.20 c. Billing Charge (sewer) 2.00 d. Base Facility Charge (sewer) 13.50 e. Payment in Lieu of Franchise Fee (6%) 1.60 f. Utility Tax (4%) 1.07 Minimum Monthly Bill $29.37 For residents in Park Place, the minimum monthly bill is calculated as follows: a. Billing Charge (water) $2.00 b. Base Facility Charge (water) 9.20 c. Billing Charge (sewer) 2.00 d. Base Facility Charge (sewer) 13.50 e. Payment in Lieu of Franchise Fee (6%) 1.60 f. Utility Tax (4%) 1.07 g. Surcharge 10.OO Minimum Monthly Bill $39.37 Once the resident returns, the County restores service at the customer's request by removing the lock on the valve and turning the valve on at the meter. The fee for turning off and restoring service is $18.OO. It is charged once the customer returns and makes formal request for restoration of service. 3. VOLUNTARY PERMANENT SHUT OFF If a customer notifies the County that he/she will be moving to a new address and requests permanent shut off of service, Indian River County Utilities Department will shut off the valve at the meter and lock it. However, the County will continue billing the customer until such time as the service is transferred to a new owner. In some cases, the customer has not sold his or her home or it is involved in an estate proceeding which could take several years before a transfer to new ownership is made. Meanwhile, the customer or customer's estate is accruing hundreds of dollars of utility bills for non-use of the water/sewer service. Just recently a situation has arisen whereby a customer thought she had finalized her account with Indian River County on Page 3 of 4 pages July 20, 1993 memo to Robb McClary May 1, 1993 when she mOved from Palm Lake Club to Lantana, Florida. The County transferred her account to the City. The City has been billing her a minimum monthly bill. The customer has called to inform the City that she was only' renting the residence~ she was not the owner. However, the application for service'was in her name. Unfortunately, the customer's name will not be changed until such time as the landlord changes the service to his name. Then he will start receiving the monthly minimum bill. Currently, there are 25 customers who are known to be seasonal residents and 4 customers who have moved since the City assumed operations of the Park Place and Palm Lake Club water and sewer systems. The City presently has a total of 195 customers on the Park Place system. I have had my secretary, Nancy Veldt, conduct a telephone survey of 12 water and sewer utilities from Titusville to Stuart to learn what their policies were in regard to voluntary shut off. Out of the 12 water and sewer utilities, only Florida Cities Water in Barefoot Bay, General Development Utilities, Okeechobee Utilities, and Indian River County charge for billing and a base facility charge once the service has been turned off at the request of the customer. The other utilities do not charge the customer after the service is shut off. Copies of the telephone survey results are attached. We also checked wi~h Florida Power and Light Company, Southern Bell, and Falcon Cable as to their policies. Ail of them do not charge a monthly bill once their service to the customer is disconnected. However, all three do provide options for "temporary" shut off for seasonal residents. The customers can pay their minimum monthly bill in the case of Falcon Cable or a reduced bill for Florida Power and Light and Southern Bell. Florida Power & Light bills a $6.00 minimum monthly charge. Southern Bell bills at 1/2 its normal rate effective for a minimum of one month and a maximum of 9 months. In all cases, the three utilities charge a reconnect fee when =he customer returns. I, as Utility Director, am notifying City Council that the City has inherited the standard opera~ing policies of Indian River County. I have received complaints from several Park Place and Palm Lake Club residents once ~hey are informed of the policy for seasonal and permanent shu~ off. Page 4 of 4 pages July 20, 1993 memo to Robb McClary I am asking Council to confirm its acceptance of these policies o__r revise these policies for the City of Sebastian. The Council could choose to reduce seasonal shut off rates by half as Southern Bell does, not charge for any water or sewer service, or continue wi~h the present policy. In regard to voluntary permanent shut off rates, Council could choose to eliminate charges once service is requested to be shut off by the customer, continue with the present policy, or require a reduced monthly charge until a transfer of the customer account is made. Council can revise the involuntary policy also if it wishes. However, I am more concerned with the voluntary shut off policies at this time and hope to resolve the policy issue on this matter before our next round of billings which will occur in the second week of August. DATE: FROM: TO: SUBJECT: MEMORANDUM July 7, 1993 Nancy Veidt, Clerical Asst. Richard Votapka, Utilities Director Policy regarding Monthly Bill after Shut Off of Water Below is the information on various water companies in the area regarding their billing policy Florida Cities Water - Barefoot Bay - Charge a Base Facility Charge of $13.28 per month (includes both water and sewer). This is charged to the owner of the property. City of Veto Beach - There is no charge to shut off service and no monthly charge while the service is off. City of Melbourne - There is no monthly charge once service has been turned off. Pierce Utilities Authority - there is no monthly charge when the service has been turned off. City of Cocoa - There is no monthly charge when the service has been turned off, City of West Melbourne - There is no monthly charge when the service has been turned off. They do have a vacation plan wherein they charge $10.00 to turn off the meter and $10.O0 to turn the service back on when the customer returns. There is no monthly charge while ~he service is off. General Development Utilities - Bill a Base Facility Charge each month to a homeowner who has requested permanent shut off. Indian River County - Charges a billing and Base Facility Charge for water and sewer service after the service has been turned off. Martin County Utilitie~ (Stuart) - There is no monthly charge when service has been turned off. Page Two of Two July 7, 1993 Memo rex billing City of Titusville - There is no monthly charge when service has been turned off. Orlando U=ilities - There is no monthly charge when the service has been shut off. 0keechobee Utilities - Charge an "Availability Charge" when the service has turned off. In the City of Okeechobee it is $3.10 per month for waner and $8.95 per monnh for sewer. In the County it is $3.88 per month for water and $11.91 per month for sewer. They also charge a $10.00 disconnect and a $10.00 reconnect fee in the City of 0keechobee, in the county it is $12.50. DATE: FROM: TO: SUBJECT; MEMORANDUM July 9, 1993 Nancy Veldt, Clerical Assistant Richard Votapka, Utilities Director Disconnect Policies of FPL, Southern Bell & Falcon Cable F P %. L - Florida'Power & Light does not charge once an account is permanently disconnected. For temporary shut off, there are two options. The customer can turn off the main breaker going into the home and they will be billed a $6.0~ minimum charge for the time they are gone, or they can have service disconnected and there is a $16.00 reconnect charge when they return. South..grn...Bel.~ - Southern Bell does not charge once an account is disconnected. Seasonal customers can request a temporary disconnect which bills at one-half their normal rate and is effective for a minimum of one month and a maximum of nine months. The customer has to pay a $20.50 charge to restore service when they return. If the phone is disconnected, the customer is charged a new installation charge when they return. Falcon Cable - Falcon Cable does not charge once an account is disconnected. Seasonal customers can either pay their monthly bill each month or have the service disconnected and pay a $35.00 reconnect charge upon their return. I I I I I i I I I I