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HomeMy WebLinkAbout08111993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 11, 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - No One Available 4. ROLL CALL e AGENDA MODIFICATIONS IADDITIONS ~_~ DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). PROCL~2~ATIONS AND/OR ANNOUNCEMENTS PUBLIC HEARING, FINAL ACTION - None ITEMS CARRIED FORWARD FROM ~93 AGENDA introduction of New Business from the Public - John Kanfoush - Overgrown Lots (No Backup) (signed Up - Not Addressed) PGS 1-30 93.235 PGS 31-33 93.236 PGG 35-37 93.237 PGS 39-49 93.238 PGS 51-62 9. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 7/28/93 Regular Meeting, 8/4/93 Workshop Indian River County Emergency Management Services - Volunteer Training Meetings - Waive Security Deposit and Rental Fees - Second Monday of Each Month - 6 pm to 9 pm (City Clerk Transmittal dated 7/26/93, Application) MGB Construction - Specimen Tree Removal Request - Three Pines - Lot 12, Block 458, Unit 17, Sebastian Highlands (Director of Community Development Transmittal dated 7/26/93, Application, Survey) RESOLUTION NO. R-93-36 - Mutual Aid Agreement - IRC/City of Sebastian (Police Chief Transmittal dated 7/28/93, R-93-36, Proposed Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. RESOLUTION NO. R-93-37 - Communications Agreement (911) - IRC/City of Sebastian (Police Chief Transmittal dated 7/28/93, R-93-37, Proposed Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; A COMMUNICATIONS SERVICES AGREEMENT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 93.239 PGS 63-69 93.240 PGS 71-73 10. 11. 93.241 PGS 75-76 12. 13. 14. 93.242 PGS 77-83 15. 16. 93.243 PGS 85-86 93.244 PGS 87-88 Approve Communications Tower Lease Agreement - City of Sebastian/Indian River County Emergency Services - $150.00 Monthly Rental (Police chief Transmittal dated 8/2/93, Wright Letter dated 6/22/93, Proposed Lease Agreement) Approve Defensive Driving Enrollment Agreement with Indian River County - $10.00 Per Employee (Personnel Director Transmittal dated 8/2/93, Agreement) PRESENTATIONS MAYOR AND CITY COUNCIL ~ATTERS A. Mrs.~. Norma Damp B. Mr. Robert Fr~e%and C. Mavor Lonnie R. Powell Public Reading of Form 8B Voting Conflict Relative to Appointment of City Clerk as Acting City Manager (Form 8B) D. Vice-Mayo~ Frank Oberbeck E. Mrs. Carolvn Corum CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS A. POLICE PENSION BOARD Appoint New Member in Lieu of Napier Resignation (city Clerk Transmittal dated 8/6/93, Gore Letter dated 7/14/93, Section 58-51 Code of Ordinances, Board Member List) ~LD BUSINESS NEW BUSINESS Laconia Street - CR 512 - city Engineer Report - Information Purposes Only (City Engineer Transmittal dated 7/29/93) Barber Street Sports Complex Budget - City Engineer Report - Information Purposes Only (City Engineer Transmittal dated 7/29/93) 93.245 PGS 89-92 93.246/ 92.179 PGS 93-120 93.247 PGS 121-122 17. Bid Specifications for window Replacement in city Hall (Director of Community Development Transmittal dated 8/2/93) Set Public Hearing for September 8, 1993 to Amend Henry A. Fischer Mulch/Burn Special Use Permit Adopted by Resolution No. R-92-33 to Enlarge Area and Change Expiration Date (Director of Community Development Transmittal dated 7/29/93, Application, Fischer Letters dated 6/24/93 and 7/30/92, DCD Letter dated 6/11/93, R- 92-33, DCD Letter 7/30/93, Vitunac Letter dated 8/2/93) city Clerk Compensation As Acting City Manager (city Clerk Transmittal dated 8/6/93, 8/4/93 Minutes) INTRODUCTION. O__F NEW BUSINESS .BY TH~ PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 93.248 A. PGS 123-127 93.249 B. PGS 129-131 93.250 C. PGS 133-134 Rick Git.les - Sebastian River Area chamber of Commerce - Negotiate Possible Building Exchange - Chamber of Commerce/Old Library (Giteles Letter dated 7/21/93, City Attorney Letter dated 5/13/93, city Manager Letter 6/22/93) John Malek - Sebastian River Area Chamber of Commerce - Req~/est Use of Riverview Park and Yacht Club "Santa's Sail In" (city Clerk Transmittal dated 7/29/93, Malek Letter dated 7/29/93) Don Berteau - Computer Operator Position (Advertisement and Job Description) 18. 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.) 4 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIl, REGULAR MEETING WEDNF~DAY, JULY 28, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS I 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 regular meeting to order at 7:00 p.m. m The Pledge of Allegiance was recited. Invocation was given by Reverend Jim Brown, Community Baptist Church, Roseland. 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 Personnel Director, Wendy Widmann Utilities Director, Richard Votapka City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting July 28, 1993 Page Two 93.085 AGEND~ MODIPICATIONS D/AD_D_!~_~AND/OR ~ - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. PROCLAMATIONS AND/OR None. 7. PUBLIC H~ING, FINAL~ The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. ~ Lakes PUD ~ ~ Termination of ~_gD_qg~Z~lPlanandRezonin~ ¢Continued From 6/23/93) ~Director of Community De¥~loDment Transmittal dated 7/22/93. Director of Community Development Letter dated 7/15/93) Vice Mayor Oberbeck opened the public hearing at 7:05 p.m. The Director of Community Development noted that he had submitted a letter explaining the status of the issue and a proposed agreement. He recommended that staff be authorized to bid the Laconia Street improvement for opening on September 15, 1993 to ascertain the construction amount required to include in the proposed development agreement, prior to public hearings on September 22, 1993 and October 13, 1993. He said this would be a ten year agreement. 2 Regular city Council Meeting July 28, 1993 Page Three Mr. Oberbeck remarked that it has been City Council's policy not to accept backup after agenda closing, that documentation had been received this week on this item and wanted to be assured that other members had time to review, city Council concurred it had. Barbara Hall, Greenberg - Traurig, representing Sebastian Lakes owners, St. Paul Corporation, addressed city Council and concurred with staff recommendation. Vice Mayor Oberbeck closed the public hearing at 7:15 p.m. City Council discussion followed. MOTION by Freeland/Corum I move that we set the two public hearings for 9/22/93 and 10/13/93 as recommended by staff and require Sebastian Lakes to provide the necessary documents that would enable us to seek competitive bid no later than 8/20/93. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) CONSENT 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 3 Regular City Council Meeting July 28, 1993 Page Four 93.221 B. 93.222 C. 93.206 D. 93.017 E. 93.214 F. 93.223 G. 93.224 93.225 I. R__~ NO. ~ - 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 MANAGERAND CITY CLERK TO ENTER INTO CULVERT PIPE AGREEMENTS ON BE}L%LF 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 FORAN EFFECTIVE DATE. 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) Water System Connection Agreement Between City of Sebastian and Captain Hiram's (Utilities Director Transmittal dated 6/21/93, Revised Agreement) 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) 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) 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) 4 Regular City Council Meeting July 28, 1993 Page Five The City Manager read the consent agenda in its entirety, including the title of Resolution No. R-93- 35. Mrs. Corum removed item B, C and D. Mrs. Damp removed item F. Keith Miller, 961 Riviera Avenue, Sebastian, addressed item D, noting the disparity in bid amounts. MOTION by Freeland/Corum I move that we approve items A, E, G, H and I on the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) 93.221 I~e~ ~ m RESOLUTION NO. ~ ~ Culvert PiDe o1~ Mrs. Corum inquired about the $50 application fee and the City Engineer justified its need. MOTION by Corum/Freeland I move to approve Resolution No. R-93-35. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Powell - absent) 93.222 Ite~ C - Bid Award ~ ~ Duqouts Mrs. Corum suggested that the balance of the project budgeted amounts be listed on transmittal sheets in the future. MOTION by Corum/Freeland I move to approve item C of the consent agenda. 5 Regular city Council Meeting July 28, 1993 Page Six 93.206 93.214 ROLL CALL: Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 4-0 (Powell - absent) Award ~ BSSC ~ Fence Mrs. Corum reiterated her previous statement regarding the requested budget balance. Mr. Oberbeck remarked on the bid disparity and the lack of a city license by the low bidder. The City Manager responded that perhaps notices should stipulate only city licensed contractors may bid. Discussion followed. The City Manager suggested that the item be deferred for a review of previous fence bids. Richard Nichols, Wood 'N Nichols, addressed City Council, citing a difference in bids specifications from previous bids, suggested that he could lower his bid if specs were changed and said he was willing to negotiate. MOTION by Damp/Freeland I move that we grant the bid to Wood 'n Nichols in the amount of $14,000. ROLL CALL: Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (Powell - absent) ~ E ~ Aqreement City of ~_~ and Captain Hiram's Mrs. Damp inquired about the request to delete the names of shareholders. The City Attorney said he feels comfortable with the revision based on his review of the corporation's balance sheet. Regular City Council Meeting July 28, 1993 Page Seven MOTION by Damp/Freeland I move to approve item F. ROLL CALL: TAPE I - SIDE II (7:45 p.m.) Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) PRESENTATION~ None. 10. MAYOR AND CITY COUNCIL ~ A. Vice-Mavor Frank Oberbeck Mr. Oberbeck inquired whether further current 1) any budget revisions had been looked into, to which the City Manager responded he would review the meeting tape; 2) inquired about the Police Station air quality, to which the Director of Community Development responded with an update; and 3) remarked on the Captain Hiram's sign on U.S. i which the Director of Community Development noted was not in right-of-way. B. Mrs. Caroly_~ corum Mrs. Corum 1) inquired about the Sembler property, to which the Director of community Development responded that time has expired on the site plan, reported on options available, and said he had given the property owner some latitude while he attempts to obtain financing; 2) inquired about the Director of Community Development's meeting regarding a habitat conservation plan to which he responded that a meeting is being planned in the near future with U.S. Fish and Wildlife, Indian River County and Brevard officials; and 3) commented on the letter regarding requirements to proceed with the special use for the mulching facility and suggested that Planning and Zoning review these types of uses. The City Attorney responded that the Land Development Code would need amendment if City Council wants P & Z to review special use permits. The City Manager disagreed. 7 Regular city Council Meeting July 28, 1993 Page Eight 93.209 Discussion followed on the procedure, city Council concurred that special use permits go to P & Z for review. 1. Cable TV Franchise (No Backu~ 93.226 Mrs. Corum did not discuss this matter, however, it was brought up under City Attorney matters. C. ~ Norma Damp 2. Marina Restroom ~ (No Backup) Mrs. Damp reported briefly on a phone survey she conducted on restroom facilities. Mrs. Damp 1) asked what it takes to place a four way stop on Fleming and Lake, to which the City Engineer responded and discussion followed relative to installation of speed bumps; and 2) reported on calls she has received regarding ATVs to which the City Manager responded with solutions staff can look into. The City Attorney suggested that the City Manager contact Palm Bay for its ordinance. D. Mr. ~~ Mr. Freeland requested that the August 3, 1993 meeting with the Golf Course membership be taped. The City Manager said the meeting would be audio broadcast and videotaped. E. ~ bonnie R. Powell Absent. Vice Mayor Oberbeck called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members were present. Vice Mayor Oberbeck inq~.ired whether staff had reviewed utilizing adjoining properties for accessory uses that are not of a permanent nature. The City Attorney said if a property owner owns two lots it can use the adjoining lot for non-permanent structures without a unity of title. The Director of Community Development said he would transmit a memo to staff advising them of this. 8 Regular City Council Meeting July 28, 1993 Page Nine CItY ATTORNEY I~TTERS The City Attorney discussed regulation of cable TV. He reported he had requested guidance of Tom Cloud regarding a proposed ordinance relative to utility rate increase application fees and said he intends to go forward with the ordinance unless the FCC comes out with an adverse position. He said the city will be required to file a certificate with the FCC if it intends to regulate basic cable rates and reported on the pros and cons of local regulation. TAPE II - SIDE I (8:50 p.m.) Discussion continued and the City Attorney said he will need direction in the next few weeks as to whether Council wants him to provide legal guidance. 12. CITY NANAGER MATTERS The City Manager reiterated that a meeting will be conducted with staff and Golf Course membership on August 3, 1993 from 5 p.m. to 8 p.m. The City Manager said it is his goal to provide 93/94 Fiscal Year Proposed Budgets this Friday for the August 4, 1993 workshop. Mrs. Corum recommended that City Council establish a policy whereby it receives budgets for review sooner. 13. COMMITTE~ ~EPORTS/RECOMMENDATIONS A. HANDICAPP]~D SELF-EVALUATION COMMITTEE 93.227 ADDOin~ ~L~ Foster as ~ ~ternate - Three Y~ar Term to 8/1/96 /~_~ ~ Transmittal dated 7/1~/93, A~Dlication. Warra~te~ MOTION by Freeland/Damp I move that we appoint Phillip Foster as the first alternate for a three year term to 8/1/96 to the Handicapped Self Evaluation Committee. VOICE VOTE on the motion carried 4-0. (Powell - absent) 9 Regular City Council Meeting July 28, 1993 Page Ten B. CODE O~_F_Q~L~F~LTBOARD 93.228 1. 93.229 ~ Georae ~ to Three Year Ter~ ~_9 Expire 8~96/~~for ReaDDointment) /~e=g~_q~of~DeveloDment Transm~tta~ dated 7/21/93. Three ADDlicatio~ MOTION by Freeland/Corum I move that we reappoint George Metcalf to a three year term to expire August 1996 on the Code Enforcement Board. Mrs. Damp recommended old applications be updated. VOICE VOTE on the motion carried 4-0. (Powell - absent) C. CONSTRUCTION BQARD me ~ Truman Smith to g_~ Citizen Position a e~D~~9~Termto~ 9/30/94 CDirectorof~q~D~DeveloDment Transmittal dated 7/22/93. ~ ApPlications) MOTION by Freeland/Oberbeck I move that we appoint Truman Smith to the Concerned Citizen position for the unexpired term to expire 9/30/94. Mrs. Damp noted that Wayne Tozzolo is presently on the Code Enforcement Board and would like to be considered for the Construction Board. Mr. Oberbeck said the intent of the concerned citizen position is not to have a board completely made up of contractors, noted that Mr. Smith is a contractor and the other current alternate concerned citizen, Nyra Enlow, is not. ROLL CALL: Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - nay Mayor Powell - absent Mr. Oberbeck - nay MOTION FAILED 0-4 (Powell - absent) MOTION by Damp/Corum I move to appoint Nyra Enlow to fill the slot of the Concerned Citizen to the Construction Board term to expire 9/30/94. 10 Regular City Council Meeting July 28, 1993 Page Eleven ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 4-0 (Powell - absent) 93.230 ~ Keith Miller to Alternate C0ncerDe~ ~ ~ ~ Unexpired Term to Expire The City Clerk noted that this will not be the same term expiration since Mrs. Enlow's position is being filled rather than Mr. Smith's. Mrs. Corum recommended that Mr. Tozzolo be moved from the Code Enforcement Board to this position. MOTION by Corum/Freeland I move to appoint Keith Miller to the Alternate Concerned Citizen for the remaining term on the Construction Board (vacated by Nyra Enlow). ROLL CALL: Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 4-0 (Powell - absent) 14. OLD~ None. 93.231 A~er~cans With Disabilities ~nce Procedure (Personnel Director Transmittal dated~ procedure) MOTION by Damp/Freeland I move to accept the Americans With Disabilities Grievance Procedure as written. VOICE VOTE on the motion carried 4-0 (Powell - absent) 11 Regular city Council Meeting July 28, 1993 Page Twelve 93.232 B. 93.213 ~ 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. The City Attorney read Resolution No. R-93-34 by title only. MOTION by Freeland/Corum I move that we adopt Resolution No. R-93-34 pertaining to the Safety Policy. ROLL CALL: Mayor Powe11 - absent Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-0 (Powell - absent) RESOLUTION ~O. R-93-3~ - 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. The City Attorney read Resolution No. R-93-32 by title only. 12 Regular city Council Meeting July 28, 1993 Page Thirteen MOTION by Damp/Corum I move that Resolution No. R-93-32 be adopted by the City Council. The Utilities Director addressed City Council concerns. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent Mr. Oberbeck - aye MOTION CARRIED 4-0 (Powell - absent) 93.233 Review Utilities Policies Re: WaterlSewer Shut- off ~ Director Transmittal ~ated 7/20/93. Ut~.~$ties Director Memo dated 7/20/93) The Utilities Director gave a brief presentation on shut-off policy alternatives and city Council discussion followed. TAPE II - SIDE ii (9:35 p.m.) Discussion continued on the financial feasibility of alternative shut-off policies. The Utilities Director recommended a vacation rate and final shut- off when residents discontinue service. Discussion of uses of franchise fees followed. It was the consensus of City Council to direct staff to come back with a policy incorporating a means by which to discontinue billing when service is terminated. 16. INTRODUCTION O_EF NEW ~ BX THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) George Reid, 202 DelMonte Road, Sebastian, discussed the utility shut-off policy and promises made by candidates relative to banning adult entertainment bars. Vice Mayor Oberbeck said adult entertainment issues are being addressed by the Police Department. 17. Being no further business, Vice Mayor Oberbeck adjourned the regular meeting at 10:05 p.m. 13 Regular city Council Meeting July 28, 1993 Page Fourteen Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 14 City of'Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 4, 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. 1. Mayor Powell called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Manager, Robert McClary City Attorney, Charles Nash Assistant City Attorney, Richard Torpy City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Attorney Tom Justice City Council Workshop August 4, 1993 Page Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-95-19). The City Attorney recommended that item 5 B be deleted and that item 6 C be moved before item 6 A. MOTION by Oberbeck/Corum I would move to delete item 5 B of the agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Coru~ - aye Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Damp - nay) The City Attorney cited Section 4 - Paragraph A of Resolution No. R-88-32 and stated that motion to delete requires four votes. MOTION by Oberbeck/Powell I would move that we move item C under Mayor and City Council Matters in front of item A. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 5. PUBLIC INP~ON~GBND~ ~TEMS A. To__~m ~ Esa. The Assistant City Attorney advised that Mr. Justice had asked to reserved comment until after Councilmember Freeland's matters. Be other I.ndividuals who Have ~ the ~ Sheet This item deleted during "Agenda Modifications". 2 City Council Workshop August 4, 1993 Page Three 93.234 C. Mr- Robert~ree%and "City ~ Co~tractlJob Plerformance" fFreeland ~ ~ 7/28/93) Mr. Freeland submitted a memo to city Council members, the City Manager and City Clerk and read it into the record. (see attached) Mr. Justice reserved his right to speak until later. The Assistant City Attorney recommended a brief recess to allow City Council to review the documentation presented by Mr. Freeland. MOTION by Oberbeck/Corum I would move for a ten minute break. The City Attorney advised City Council not to discuss the matter with anyone during this recess. Mayor Powell called recess at 7:15 p.m and reconvened the workshop at 7:30 p.m. Ail members were present. The City Attorney, upon the request of the Mayor, explained City Council procedures regarding this matter and advised that the reason for the deletion of "Public Input" from this agenda was to preserve Mr. McClary's due process rights. City Council discussion followed. Mr. Freeland presented copies of Sections 3.03 and 3.04 of the City Charter to City Council (see attached). Attorney Justice, Mr. McClary's legal counsel, commented on the City's procedures and his client's intentions in the matter if his contract is terminated. Following advice from the City Attorney to the City Council not to discuss the matter with members of the public, motion was made. 3 City Council Workshop August 4, 1993 Page Four MOTION by Freeland/Oberbeck I make a motion that we suspend Mr. McClary with pay and set a formal independent investigation with regard to the above referenced allegations and have a due process hearing which would be set for the purpose of allowing Mr. McClary to respond to these allegatlons. The City Attorney said he had conferred with Mr. Justice prior to the meeting and had been advised that if suspension were to take place, his client would want a hearing and that he would need at least sixty days from this date to prepare. Mr. Freeland added "sixty days" to the motion. The City Attorney suggested "sixty days or such other date within that sixty day time period that Mr. Justice consents to". Mr. Freeland and Mr. Justice concurred with "within sixty days". The second concurred with the addition of "within sixty days". The City Attorney inquired whether the motion is "that the suspension would be effective immediately". Mr. Freeland concurred. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay MOTION CARRIED 4-1 (Corum - nay) The city Attorney advised that in accordance with the Charter, the City Manager must be noticed of the suspension either in person or by certified or registered return receipt mail and asked Mr. Justice to waive notice due to the fact that he has received notice orally. Upon receiving copies of Sections 3.03 and 3.04 of the Charter as submitted to City Council by Mr. Freeland and an assurance that there were no additional charges to be submitted, Mr. Justice waived written notice. The City Attorney advised that City Council appoint an Acting city Manager. City Council Workshop August 4, 1993 Page Five MOTION by Oberbeck/Freeland I would move that we appoint the City Clerk to the position of Acting City Manager compensating her additional 20% of her salary during this period of investigation. In response to the Mayor's inquiry about his business transaction with the City Clerk, the City Attorney advised Mayor Powell to declare a conflict of interest, not participate in the vote and file the appropriate Commission on Ethics forms with the City Clerk's office. The Mayor explained that the City Manager, city Clerk and City Attorney are the only charter officers and the City Attorney advised that the Acting City Manager need not be a charter officer. ROLL CALL: Mr. Freeland - aye Mayor Powell - abstained Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - nay MOTION FAILED due to 2-2 vote. Mrs. Corum recommended appointing the Chief of Police as Acting city Manager, said she'd like to make a motion to that effect although no second was made and discussion followed as to whether he would accept the position. The City Attorney advised that Attorney Torpy could contact Chief Petty tonight if a consensus is reached. TAPE I - SIDE II (7:48 p.m.) There was no consensus by City Council. MOTION by Corum/Freeland I make a motion that this city Council appoints Chief Petty as interim City Manager until further notice. Further discusssion took place. 5 City Council Workshop August 4, 1993 Page six ROLL CALL: Mayor Powell - nay Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay MOTION FAILED 2-3 (Powell, Oberbeck, Freeland - nay) Mr. Oberbeck reiterated his recommendation to appoint the City Clerk. Mayor Powell inquired whether it was appropriate for him to move to appoint the Director of Community Development and the City Attorney advised that he could. MOTION by Damp/Freeland I make a motion that we recommend Kay O'Halloran to run as City Manager in the interim. in response to the City Attorney, as to whether to include additional compensation during time served, Mr. Freeland said that could be addressed at a later time. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - abstained MOTION CARRIED 3-1 (Corum - nay, Powell - abstained) The City Clerk accepted the position. The City Attorney recommended that the City's special labor counsel, Carson and Linn, be engaged for the investigation and estimated that fees for this service would be in the range of $5,000 to $10,000. MOTION by Oberbeck/Freeland I would move that we engage our special labor counsel to review the charges brought against Mr. McClary. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 City Council Workshop August 4, 1993 Page Seven e A. Mrs. Ca~ Corum Mrs. Corum advised about a problem with trucks unloading in the front parking lot of Food Lion and requested staff to look into it. B. Mrs. Norma Damp None. D. ~_~_q~ Lonnie R. ~owell None. E. Vice-Mayor Frank ~ Mr. Oberbeck stated he wanted to quell a rumor resulting in a letter to City Council regarding certain Council members' desires to eliminate the city manager form of government. Mr. Freeland read the subject letter (see attached). It was the consensus of City Council that it preferred a city manager form of government. CITX ~ MATTERS None. CITY MANAGER MATTERS None. Being no further business, Mayor Powell adjourned the workshop at 8:20 p.m. Approved at the Meeting. , 1993, City Council Kathryn M. O'Halloran, CMC/AAE City Clerk Lonnie R. Powell, Mayor 7 MEMO City of Sebastian Mayor and City Council Members From: Councilman Freeland Date: August 4, 1993 Re: Removal of Charter Officer Pursuant to Section 3.03 of the Charter of the City of Sebastian, I hereby present facts which, I believe, constitute cause for the removal of Robert S. McClary as City Manager for the City of Sebastian. The City Manager has failed to present a realistic budget and has failed to recommend realistic budget revisions to Council. The City Manager has failed to keep Council fully advised as to the financial condition and future needs of the City. The City Manager has failed to direct and supervise the administration of the Finance department of the City. This failure has resulted in failure to pay tax bills when due, computation errors in budget summaries and confusion in the operation of the Finance department. The city Manager has failed to direct and supervise the administration of the golf course resulting in two consecutive years of losses, lay-off of employees, and the inability of the City to make payment of debts when due. Attached as Exhibit "A" to this memorandum is a list of more specific allegations in support of the above-mentioned instances of incompetence or neglect of duty by the City Manager, Robert S. McClary. Accordingly, City Manager, Robert S. McClary, should be immediately suspended, with pay. A formal, independent, investigation with regard to the above-referenced allegations should be conducted; and a due process hearing should be set for the purpose of allowing Mr. McClary to respond to these allegations. Sm 10. 11. 12. 13. 14. In 1992 neither the budget summary nor the final millage resolution were computed properly, which resulted in an error of $97,274.00. Failure to pay tax bills on time cost the City Taxpayers an additional 25% for penalties and advertising. Changed the line item numbering system to a non standard system causing untold time for the new Finance Director to be able to generate operating statements. Computer glitches and account coding errors unresolved since implementation of the new accounting system in February 1992. Deterioration of internal controls due to changes in processing of data input and computerized accounting system. Inadequate cross training of staff in the use of the new system hardware. Lack of knowledge of the accounting system by the Assistant Finance Director. Excessive time spent on purchasing, risk management, and Golf Course operations by the assistant director, with only minimal time devoted to Finance Department duties. Insufficient management review and approval of transaction recording resulting in inability to reconcile bank statements or prepare annual financial statement, W-2's and quarterly tax reports. City Manager recommended 13% and 10% salary increases for the Finance Director and his assistant, irrespective of the department's poor performance. When the Golf Course bonds were refinanced last year the October principal amount of $40,000 was skipped to bolster the cash flow problems. The true loss of the golf course last year was $146,000 rather than the $106,000 reported to the City Council. The City Council was never told this was part of the refinancing plan. Budget for golf course was unrealistic. Expenditures budgeted were more than revenues projected. Budget planned to spend excessive amounts of reserves. Budget revision presented to council was prepared as required by Finance. However, the City Manager made no recommendations to shift any projects to bring spending more in line with the projected revenues. EXHIBIT "A" 1 of 2 15. 16. 17. 18. 19. 20. 21. On July 14th, Council passed a budget revision. Both the Vice Mayor Oberbeckand I asked to have some of the fat cut out by the July 28th meeting. At the July 28th meeting the City Manager did not recall the -conversation, but said he would review the tape. on October 27, 1992, A1 Vilardi and I met with the Finance Director and Assistant Director to discuss accounting methods by the City. We had heard a rumor that the golf course was losing money. We asked if the course was ahead, behind or staying even. Mike stated that the course was behind and when we asked how much, Larry stated about $60,000.00. Mike corrected him and said it was $30,000.00. After a brief argument, Larry agreed with Mike that it was approximately, $30,000.00. A week later at the November 4th meeting, a $30,000.00 loss was reported. This was the first public acknowledgement that the course was in trouble. We later heard it was $106,000.00. In spite of golf course losses, Mr. McClary recommended a survey of the cost to purchase additional land for another nine or eighteen golf holes. This was recommended by Mr. McClary at the same meeting the losses at the golf course were made public. The golf course manager spent money without regard for the budget last year with the City Manager's approval even though the revenues were insufficient. At the April 7th meeting, I questioned the revenues being behind and on April the 27th, Mr. McClary sent me an extensive memo agreeing with my concerns. Then, on May 13th, he met with some of the membership of the golf course to show them how he could modify the clubhouse plans and expand it for perhaps $150,000.00. Mr. McClary's April 27th memo was full of excuses as to why we were in trouble but did not outline any plans to fix some of the problems. He did suggest that we should revisit the 1991 golf course evaluation when budgeting fiscal 1994. I brought this same report to his attention at the November 4th meeting and he should have been paying attention to it all along. A contract was approved by city Council for $2,500.00 worth of work to be performed by Mr. Mosby. To date, over $4,200.00 worth of payments have been made under this contract. Council approval of the excess payments have never been obtain. EXHIBIT "A" 2 of 2 CHARTER § 3.03 resolutions and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein. (Ord. No. 0-88-43, § 12, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note-See the editor's note following § 2.11. Sec. 2.16. Stand;*.g committees. (a) Standing committees may be appointed by the city council. The membership,, powers and duties of such committees shall be provided by the resolution of the city council. Co) Periodic reports to the city council shall be made by the standing committees as to the accomplishments and future activities contemplated by each standing committee, as directed by the city council. (Ord. No. 0-88-43, § 13, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 4, 1-8-92) Editor's note-See the editor's note following § 2.11. ARTICLE IlL ADMINISTRATION AND LEGAL DEPARTMENTS* DIVISION 1. GENERALLY Sec. 3.01. Creation. (a) The city council may establish city del~artments, offices or agencies in addition to those expressly created in the City Charter and may prescribe the functions of all departments, offices and agencies. Notwithstanding the foregoing sentence, no function specifically assigned in the City Charter to a particular department, office or agency may be discontinued or reassigned to a different department, office or agency by the city council, except to the extent allowable under the provisions of the City Charter. (b) The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4, 1-27-93) Sec. 3.02. Appointment [of Charter officers]. The Charter officers shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Sec. 3.03. Removal of Charter officers. (a) Any Charter officer may be removed from office for cause by a majority vote of the entire city council. *Editor's note-Section 14 of Ord. No. 0-88-89, adopted January 11, 1989, repealed former Art. III, which contained §§ 3.01-3.05, and enacted a new article III to read as set out herein. The repealed article pertained to similar provisions and derived from the Charter adopted by Ord. No. 0-78-9 on October 19, 1978. Supp. No. 2 CHT:15 § 3.03 SEBASTIAN CODE (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote of at lea~t three (3) council members, charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduc~ shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected .Charter officer. The suspended Charter officer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed from office if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not fred that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 5, 1-27-93) Sec. 3.04. City manager; powers and duties. (a) The city manager shall be the chief administrative officer of the city. Co) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He shall attend all city council meeting~ unless excused by city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs o£ the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordi- nances, or by the direction of the city council, may sign all contracts, bonds, debentures, Supp. No. 2 CHT: 16 I I I I I I I I I I I I I I I I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.ANI'NAMF t-'IRsl NAMF MII)I)I.E NAME NAME OF'BOARO, COUNCIL. COMMISSION, AUTHORITY. ORCOMMI~I-EE POWELL, LONNIE R. SEBASTIAN CiTY COUNCIL MAIl.IN(; Al)DREsS 1225 MAIN STREET CITY COLIN'FY SEBASTIAN INDIAN RIVER I)ATE ¢)N WHI('n VOTE OC('IIRREI) AUGUST 4, 1993 l'm! BOARD. COUNCIl.. COMMISSION, AUTHORII'Y OR COMMII'TEE ON WHICH I SERVE Is A UNII'OF: I~ CI'I'Y [] COIJN'I'Y I~ oTHER I.OCAI, AGENCY NAME OF POI.II'ICAI, SUBDIVISION; CITY OF SEBASTIAN MY POSITION IS: ELECTIVE I~1 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEClSION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for CE FORM 8B ~ 10-91 ,19 93: IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file il within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorpontte the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST l, LONNI]~ R. POWELL , hereby disclose that on AUGUST 4 (a) A measure came or will come before my agency which (check one) x inured lo my special private gain: ..... inured to the special gain of my business associate. ..... inured to the special gain of my relative, inured to the special gain of whom I am retained; or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by · which Measure: To appoint the City Clerk as Acting City Manager with potential for her to receive additional compensation for her service as same. Nature of Conflicting Interest: Current loan from City Clerk to Mayor Date Filed ~' (ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION iN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE (RM 8B - 10-91 275 Zane Ave. Sebastian, Fl. 32958 August 3, 1993 ~4r. Lonnie Powell Mayor City of Sebastian Dear Mayor Powell: It is my belief that anyone elected to the City Council has a moral obligation to make the Council-Manager plan work because it was chosen by the voters and should continue to be supported until the voters choose otherwise. For the five years I have been a resident of Sebastian, there has been a continuous attempt to discredit the Council-Manager form of government. (too often, the City Manager also.} I think it is time to stand up to be counted and so I say, that if you do not want to support the Council-Manager form of government, you should resign! The guilty ones know who they are. If their Tesignations are not submitted on or before the second council meeting for the month of August, I ~ill begin circulating recall petitions as soon as it is legally proper in early September I have enough promised support to assure getting this on the ballot and hopefully will see its passage. cc:Norma Damp Frank Overbeck Ed Miquelon Carolyn Corrum Robert Freeland Sebastian 5un Press Journal I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Indian River County Emergency Services - Volunteer Training Meeting's Approved For Submittal By: I City Manager Agenaa 5.235' Dept. Oriqin City Clerk Date Submitted~ For Aqenda Of 8/11/93 Exhibits: Application dated 7/26/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Indian River County Emergency Services for use of the Yacht Club on the second Monday of each month starting September 13, 1993 to hold monthly organization meetings providing Emergency Service Training Courses for IRC Paramedics, EMT'S and Residents on such topics as CPR, EMT Refresher, Disaster Planning, and Paramedic Training. They are requesting waiver of security deposit and rental fee. RECOMMENDED ACTION Move to approve the request for use of the Yacht Club and waiver of security deposit and rental fee. ~LING ~D~SS : I TZ 9 3~ ' ~ M ~ ~ ~ . -'~ ,, ~.. ~ ; ...... ~ PROOF): ~ DEPOSIT ON HOLD: ~S NO ~O~T : CURRENT R~NTAL RA~'E : CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Name of Renter / Organi,ation /~d ~"/-'/~Z~ 3i/Z~ -,JIM Number of Persons constituting ~oup or orgnization: Reason for Rental ~..%' ~'~,~/a//~/~ ~._.~J~/ ~ lff~l~"l'XON~ ~ Llf~'i"l$~ 1'0 6 ~) Pl~e ans~ ~ oF 1) Are kitten ~acilities required? 21 Are ~ a resident of Sebestien? 1) WiLt decorations be put up? h Jo 4) Will there be an a~Bission or door charge? 5) Will ~tcohol~c bevert~ be served? (a) Ii en~er to tS is yes- permittee's p~i of age /J (~). I[ ll~ol is to ~e served, l~ssion is .re~_'red ~ ae City COoo~.L. Your.r~ent will be pt~ented co Council Deposit: ~ta lenta:$ Nm o~ ~emitten: ,JIM gaG~/~l~._z..-/',e/~/M/a/G ~c.. Telephone ~o.: ~?-.~/~o Date of Applicltion '7-Z~,-g'~ Make checks p~le to: CITI' OF SEBASTIAN Security Deposit paid on Rentai Fee paid on (date) ia the ~mt of or Cash Alcoholic Beverage Request heard at (date). Fee Vaiwr Request heard at the Council MeetinO on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security Oeoosit returned by City Check ,~ amount of ' on (date) in the mount of or ~ash initial the Council Meetinqon Request APPROVEU / DENIED. in the (date) I I City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE MGB CONSTRUCTION Approved For Submittal By: City Manager ./~-~ ~- ) ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: f~. 2~ Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 07/26/93 (BC)~ 08/11/93 Land clearing application dated 07/22/93 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, MGB Construction is requesting removal of three specimen trees on a property at 110 Larchmont Terrace (Lot 12, Block 458, Sebastian Highlands Unit 17). The trees (three pines) are located on the proposed location for the house. RECOMMENDED ACTION Move to approve the removal of three specimen pine trees located on Lot 12, Block 458, Sebastian Highlands Unit 17. ........ I CONTRACTOR~ ~ ~ / ~ I~ 0 ~ lOt~ ADDRESS= / ~ I ./ /~ (~ ZiP: aDU~SS ~ / ' !' ~ . ~ ~ - - Zzb"; ......... P~O~E ADDRESS~ . ' ZiP: ~ ~.o.~ ~o.. ~ ~ m I certify that all the foregoing information is accurate and that all work will be done in~mpliance with the Land ~: '~ ~rvey,' 'l~cat~all sPecimen trees (20 inch diameter or mo~e)~ Indicate which trees to be . removed and/or~61ocated. Indicate the species of each tree. Ail 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 1 relation to the removal of the specimen trees. Applicant must tag ail specimen trees with a bright ribbon a~o. und the tree approximately 6 feet above the grade. Office Use Only APPROVED FOR PERMIT: YES' NO: MUST OBTAIN CITY COUNCIL APPROVAL: YES:__J~f NO: IF YES, DATE OF CITY COUNCIL APPROVAL: I I City of $ebastia. I POST OFFICE BOX 7801~? la SEBASTIAN. FLORIDA 32978 TELEPHOHE (40;) 589-6330 FAX 401-599-5570 SUBJECT: R-93-36 Proposed Mutual Aid Agreement With The Indian River County Sheriff's Office Approved For Submittal By: City Manager .. AGe,,da .o. ~.23 ? Dept. Origin Police Date Sub,,l t ted 7/28/93 For AGenda Of 8/11/93 I~xhibiks: Proposed Mutual Aid Agreement Letter frcrn Gregory S. Hansen EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT In brief, this proposed agreement authorizes the sheriff's office and the Sebastian Police Department to assist each other in dealin~ ~vents (Section 2), and it enables voluntary cooperation of various investigations (Section 3). This agreement, in my opinion, best serves the needs of our department to enhance our protection of Sebastian's residents. RECOMMENDED ACT iON Motion to approve Resolution R-93-36. RESOLUTION NO. R-93-36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT; RATIFYIN~ THE AGREEMENT AS SI~NED BY THE ~HIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDIN~ FOR RECORDINg; PROVIDIN~ FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDIN~ FOR SEVERABILITY; AND PROVIDIN~ FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, has requested that the City sign a Mutual Aid Agreement; and WHEREA~, the City Council of the City of Sebastian, after reviewing the proposed Mutual Aid Agreement submitted by Indian River County, Florida, for its approval, and after engaging in deliberations, has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to grant the Mutual Aid Agreement by the City as requested by Indian River County, Florida. NOWv THEREFOREv BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ection ~. RATIFICATION. The City Council of the City of Sebastian, in recognition of the requirements of Chapter 23 of the Florida Statutes, hereby ratifies the Agreement, Exhibit "A", as signed by the Chief of Police of the City of Sebastian. Section ~. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed Mutual Aid Agreement proposed by Indian River County, Florida, a copy of the proposed Mutual Aid Agreement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. The original Mutual Aid Agreement shall be forwarded by the City Clerk to the Clerk of the Circuit Court for Indian River County for recording. Secto[gn 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-90-32. ~_q~=qD_~. SEFERABILITY. 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 5- EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . seconded by Councilmember being put into a vote, the vote was as follows: The motion was and, upon 2 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 ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT WHEREAS, the subscribed law enforcement agencies are so located m relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to (l) intensive situations including but not limited to emergencies as defined under Section 252.34(2), F.S. and (2) continuing, multijuri~lictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the CITY OF SEBASTIAN, and the INDIAN RIVER COUNTY SHER]I~'S DEPARTMENT, have the authority under Part I of Chapter 23, Florida Statutes (1992), the Florida Mutual Aid Act, to: (1) enter into a requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies, and (2) a voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines; WHEREAS, the law enforcement agencies of Indian River County, Florida, are charged with the investigation of crimlnnl offenses occurring.within their respective jurisdictions, including, but not limited to, violations of the Florida Comprehensive Drug Abuse Prevention and Comrol Act; and WHEREAS, each law enforcement agency may, from time to time, require additional resources to efficiently and expeditiously pursue such crimi~! investigations; and 'WHEREAS, criminal activity occurring within the jurisd/ction of one local government often times impacts upon criminal activity occurring in adjacent jurisdictions; and WI-I~REAS, the citizens of Indhm River County can best be served by an org~mi~,ed and unified approach to the investigation of criminal activity; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the undersigned parties hereto agree as follow/:: A. "Sheriff" shall mean the Sheriff of Indian River County, Florida. B. "Agency" shall mean the office of the Sheriff of Indian River County, Florida, and that department or agency of an incorporated municipality situated wholly within Indiall River County, Florida, which is charged and empowered with the duties of law enforcement within the jurisdictional limits of such municipality. C. "Law Enforcement Officer" shall mean any person certified as a full-time or part-time law enforcement officer by the Criwinal Justice Standards and Training Commission of the State of Florida who has met all of the minimum requirements for Unining as set forth in Chapter 943, Florida Statutes (1989), as amended, and is employed as a pohce officer or public safety officer by a municipality situated wholly within Indian River County, Florida, or as a deputy sheriff of Indian River County, Florida. D. "Participating Agency" shall mean any agency operated by a party to this Agreement. E. "Party" ~h~ll mean the Sheriff of Indian River County, Florida, and any incorporated municipality situated wholly within Indian River County, Florida, who has entered into this Agreement as evidenced by the appropriate execution of this Agreement. F. "Requesting Agency" shall mean an agency which seeks assistance from another law enforcement agency. G. "Responding Agency" shall mean a law enforcement agency which directs its personnel to leave its primary area of jurisdiction in response to a request for law enforcement assistance initiated by the law enforcement agency having primary jurisdiction in the area to which the responding agency's personnel are directed. H. "Emergency" shall mean any situation or set of circumstances in which life or property is in imminent danger. ~ PROVISIONS FOR OPERATIONAL ASSISTANCE. Therefore, be it known that the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other, to include but not necessarily be limited to dealing with civil disturbances, large protest demonstrations, mrcra~ disasters, fires, natural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring u~on of specialized units. SECTION~ PROVISIONS FOR VOLUNTARY COOPERATiON. In addition each of the aforesaid law enfo~ent agencies hereby approve and enter into this Agreement whereby each of the agencies may also request and render law enforcement assistance to the other dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglzries, larcenies, gambling, motor vehicle thetis, drug violations pursuant to Chapter 893, F.$, backup services during patrol activities, and inter-agency task forces and/or joint mvestigntions. SE~ON~ POLICY AND I~ROCEDURE. A. In the event that a party of this Agreement is in need of assistance as set forth above, it shall notify the agency head or his designee from whom such assistance is requireti. The agency head or designee whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he/she deems appropriate. The agency bead's decision ia this regard shall be final. B. The resources or facilities tb~ are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency hea~L Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. C. Where investigative priorities arise during a law enforcement operation which may require enforcement action by the investigating agency and which require crossing or jurisdictional lines, the investigating agency supervisor or his designee on duty shall notify the on duty supervisor of the jurisdiction wherein investigation is required and request enforcement assistance. The supervisor or his designee sh~l! evaluat~ the situation, consult with his/her appropriate supervisor and ifrequired ensure that proper requested enforcement assistance is rendere~L D. Should a violation of Florida Statutes occur in the presence of an officer representing hi~her respective agencies in furtherance of this Agreement he/she shall be empowered to render enforcement assistance and act in accordance with the law. SE~ON~ POWERS. PRIVILEGES .~ IMMUNITIES AND COSTS. A. Members of the CITY OF SEBASTIAN POLICE DEPARTMENT when actually engaging ia mutual cooperation and assistance outside of the jurisdictional limits of the CITY OF SEBASTIAN under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed. B. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party to the Agreement as set forth above; provided however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (The requesting agency may compensate or reimburse the assisting agency for assistance under Section 2 of this Agreemem only, under terms specified in the agreement, or may provide as follows in C and D:) C. The agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. D. The agency furnishing aid pursuant to this sec,/on shall compens~ its appointees/employees during the time such aid is rendered and shall defray the actual ~ravel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees m'e engaged in rendering such aid. E. Ail of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurunce, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this secti°n shall apply with equal effect to paid, volunteer, and reserve employees. F. Nothing herein shall prevent the requesting agency from requesting supplemental appwpriafions from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under Section 2: Provisions For Operatioiml Assistance. ~ I]NDEMNIFICATION. Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this Agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTIONT. LIABILITY INSURANCE. Each party shall provide satisfactory proofofliability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount which i~, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be cancelled or undergo material change, that parry shall notify all pm~ies to this Agreement of such change with/n ten (10) days of receipt of notice or actual knowledge of such change. SECTION 8. EFFECTIVE DATE. a~ This Agrrement shall be in effect from ~J b~ot ~.[. ~ writing or, with respect to an individual party, until that part~ elects'to withdraw. b. In addition to the terms set forth inparagraph"a" of this section, this agreement shall only become in full force in effect upon ratification, by proper adoption cfa resolution by the City Council of the City of Sebastian. CANCELLATiON. This Agreement may be cancelled by any party upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party. IN WITNESS, the parties hereto cause these presents w be signed on the daie specified. SEBASTIAN POLICE DEPARTIv~ By: Earle L. Petty Chief of Police SHEKIFF OF INDIAN RIVER COUNTY CITY OF SEBASTIAN, FLORIDA By:, Mayor City Clerk (Se ) Approved as to form and content by: City AUomey Chief Earle Ps~ty City of Sebastian Police Department 1225 Main Street Sebastian, FL 32958 930 S. I~RDon Su~?~ 505 Re: Review of Mutual Aid and Voluntary Cooperation Agreement and Review of Communications Services Agreement Dear Chief Petty: Please be advised that I have finished my review of the proposed Mutual Aid and Voluntary Cooperation Agreement. The text of the agreement seems perfectly adequate and covers both "operational assistance" requests and "voluntary investigative cooperation" agreements as those terms are defined by Section 23.1225, Fla. Stat. (1991). The "powers, privileges, immunities and costs" section seems to be drawn straight from Section 23.127, Fla. Stat. (1991) and is therefore a lawful expansion of your officer's Jurisdictional reach under the terms of the agreement. I would point out that ~here appears to be a typographical error in Section 5. The first sentence of sub-paragraph (A) reads "Members of the CITY OF SEBASTIAN~]LF2~J~_~ DEPARTMENT...". This sentence should read "Members of the CITY OF SEBASTIAN ~ DEPARTMENT...". Also, in Section 5, paragraph (D), the second sentence reads "... and shall defray the actual travel maintenance expenses..." Pursuant to Section 23.127(2) Fla. Stat. (1991) the sentence should read "...and shall defray the actual travel and maintenance expenses...". The conjunctive is necessary to give the proper ~6/10/93 0~:84 ~ 40? 951 3741 FRESE, NASH e% al ~ 03 i Chief ~arle Petty Re: City of Sebastian June 9, 1993 · meaning to those expenses which would be the responsibality' of the agency furnishing aid pursuant to the agreement. ' Section 6 and 7 concerning the indemnification and liability insurance provisions seem standard in that they require each agency to bear liability for the acts and.omissions of its own employees while rendering aid under this agreement. The City and Police Department should be aware that the one side effect of the Mutual A%d Agreement is to expose the City to additional instances of c~vil liability because a police officer's Jurisdiction will be expanded under the terms of the agreement. The police dep~rtment · administration ~hould acquaint themselves with the policies and procedures of the Indian River County Sheriff's Department to make sure that their policy on use of force on fleeing felons, high · speed chases, execution of search warrants and other high risk activities are consistent with the City's policy on those activities. The risk for the city is that its officers will be requested to assist Indian River County deputies in an operation and during the course of the investigation be requested to provide assistance in the apprehension of a fleeing felon, high speed chase, execution of search warrant, etc. if the requesting agency has a more aggressive policy in these areas than the city of sebastian, the chances of a civil claim being made against the City as a result of the acts or omissions of one of its employees is thereby increased. If the Indian River Sheriff's Office policies regarding these high risk activities is similar to or more conservative than the City of.S~bastian's policy then there would be no increase risk of civ~l l~tlgation from providing assistance in those circumstances. It is my opinion that on the balance, it is in the City's best interest to enter into the Mutual Aid.and Voluntary Cooperation Agreement since it will enable the Cxty to tap the additional manpower and investigative resources of a larger agency and will also allow the City to pursue criminal investigations that involve crimes or activity taking place in unincorporated areas of Indian River County. Finally, I would point out that this agreement may be considered a mutual aid arrangement as defined by Section 252.40(1) Fla. Stat. (1991). In order to comply with the provisions of that Section, a copy of the Mutual Aid Agreement should be sent to the 06/10/93 08:05 ~' 40? 951 3741 FRESE, NASH et al ~ 84 Chief Earle Petty Re: City of Sebastian June 9, 1993 Page 3 Division of Emergency Management of the Department of Community Affairs. I EOMMUNICATIONS SERVICES AGREEMENT Section 6 has a typographical error in the second sentence. i The word "services" appears twice. Other than this typographical, I find no reason not to become a party to the Communications Services Agreement. I The agreement certainly enhances the City's ability to provide emergency services to its citizens and this enhancement comes at I no direct additional cost to the City. It is my understanding that the City will not be providing any additional funding to the Sheriff's office as a result of their agreement to provide these services. I If you have any questions regarding my review or opinions regarding the proposed agreement, please feel free to call me I directly al: 984-3300. Very ~ly ~urs, ! I /agc reg° 7 eh' City of. Sebastian POST OFFICE BOX 780127 O SEBASTIAN. FLORIDA 32918 TELEPHONE (407) 589-~330 FAX 40?-509-55?0 SUBJECT: R-93-37 ) C~uunications Services Agreement With The ) Indian River County Sheriff's Office ) ) Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: Proposed Services Agreement. Police 7/28/93 8/11/93 Cc~munications Letter from Gregory S. Hansen EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMRNT This proposed agre~nent authorizes the sher~ff~office to receive all calls f°~r ~he 91~hone .~ystem from within the City of Sebastian, and transferring all law enforcement related calls from with~-~h~of ....... Sebastian to the Sebastian Police Department. RECOMMENDED ACTION Motion to approve Resolution R-93-37. REBOLI]~ZO~ MO. R-93-37 ~ RES0LUTZON OF THE CZT¥ OF SEBABTZAN, ZNDZAN RZVER COUNTY, FLORZD~ ~UT~ORZ~ZNG THE ~YOR ~ CZTY CLER~ TO SIGN, ON B~F OF ~E CZTY; ~ C~I~TIONB BERVZCE~ ~GRE~; PROVZDZNG FOR RECO~ZNG~ PROVZDZNG FOR REP~ OF REBO~ZON8 OR P~TB OF REBOL~IONg ZN C0~LZCT HER~Z~; PROVZDZNG FOR 8~ZLZTY; ~ PROVZDING FOR~ EFFE~Z~ D~TE. ~ER~, Indian River County, Florida, has re~ested that the City sign a Communications Services Agreement; and ~~, the City Council of the City of Sebastian, after reviewing the proposed Co~unications Services Agreement submitted by Indian River County, Florida, for its approval, and after engaging in deliberations, has dete~ined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to sign the Co~unications Services Agreement as requested by Indian River County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDa, that: Section..1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed Communications Services Agreement proposed by Indian River County, Florida, a copy of the proposed Communications Services Agreement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. The original Communications Services Agreement shall be forwarded by the City Clerk to the Clerk of the Circuit for Indian River County for recording. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-90-33. ~ection 4. 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 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . seconded by Councilmember being put into a vote, the vote was as follows: The motion was and, upon 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 ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (S~L) Approved as to Form and Content: Charles Ian Nash, City Attorney COMMUNICATIONS SERVICES AGREEMENT This Agreement, entered into this ~l~r day of --~'F .. , 199__~, by and between the Sheriff's Office of Indian River County, Florida and the Sebastian Police Department, Sebastian, Florida. WI TNES SETH: Whereas, Sebastian Police Department desires to enter into an agreement with the Sheriff's Office to obtain 911 phone service from the Sheriff's Office. NOW, THEREFORE, the Sheriff's Office and Sebastian Police Department in consideration of the mutual promises and benefits hereby agree as follows: SECTION 1. This agreement is to become effective on the date of signing. SECTION 2. This agreement shall remain effective until which time that the services are no longer necessary. SECTION 3. The Sheriff's Office is the primary Public Safety Answering Point for 911 services within the unincorporated area of Indian River County, the City of Indian River Shores and the City of Fellsmere. The City of Sebastian has determined that it is more cost effective to utilize the existing equipment within the Sheriff's Office for 911 services. The Sheriff's Office shall not receive additional funding as a result of the service provided. SECTION 4. The Sheriff's Office shall provide 911 phone services to include: Receiving and interviewing all calls for service received on the 911 phone system from within the City of Sebastian Electronically recording and maintaining telephone conversations for a period of ninety (90) days Transferring all law enforcement related calls from within the City of Sebastian to the Sebastian Police Department dm Providing the Sebastian Police Department caller information including: 2. 3. 4. Nature of the call or incident, if requested Location of the incident: Sector Number~ Complainant or caller's name, when possible $ SECTION 5. The Sheriff's Office shall be responsible for maintenance of equipment within the Communications Center, obtaining maintenance and repairs as necessary. SECTION 6. The Sheriff's Office shall provide only communication services except that the Sheriff's Office may unilaterally add any communications, dispatch, information or recrod keeping services that enhances the Sheriff's Office's ability to provide that service to its own service area. In the event that the Sheriff's Office is capable of providing enhancements or additions to law enforcement and communications services which are not unilateral and The Sebastian Police Department wishes to avail themselves of such additions and enhancements the Sebastian Police Department may upon mutual agreement with the Sheriff's Office amend Section 4 of this contract. SECTION 7. The Sheriff's Office, its officials, agents, or employees in providing 911 telephone services, shall not be deemed to assume any liability for acts, omissions, or negligence of the Sebastian Police Department, its employees, agent or officials. The Sebastian Police Department shall hold the Sheriff's Office harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of the Police Department, its officials, agents or employees, subject to the provisions of Florida Statutes, 768.28. Ail liability for in3ury to personnel and for loss of or damage of equipment incurred in connection with this Agreement, or in the performance of services or functions pursuant thereto, shall be borne by the agency employing such personnel or owning such equipment, and the County and the City of Sebastian shall carry sufficient insurance to cover all such liabilities.~ ~ ~~ SECTION 8. The Sebastian Police Department may terminate this Agreement at any time following sixty (60) days written notice to the Sheriff's Office. After the effective date of said notice, both parties will be relieved of any further obligations under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Police Department and the Sheriff's Office is a party or to relieve the Police Department or the Sheriff's Office of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. SECTION 9. The Sheriff's Office may terminate this Agreement at any time following sixty (60) days written notice to the Sebastian Police Department. After the effective date of said notice, both parties will be relieved of any further obligations under this ~eement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Police Department and the Sheriff's Office is a party or to relieve the Police Department or the Sheriff's Office of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. SECTION 10. Ail disputes arising from this Agreement shall be settled in a court of competent 3urisdiction with venue to be in Indian River County, Florida. SECTION 11. Ail notices provided for in this Agreement shall be in writing and either hand delivered or sent by certified or registered mail to the party to be notified at the following respective address which may be changed by written notice only: THE SHERIFF'S OFFICE Office of the Sheriff 4055 41st Avenue Veto Beach, FL 32961 THE SEBASTIAN POLICE DEPARTMENT Sebastian Police Department 700 Main Street Sebastian, FL 32958 Notice given by or to the~orn~of either party shall be as effective as if given by or to said party. SECTION 12. The Sheriff shall retain exclusive control over all equipment and personnel used in providing the services in accordance with this agreement, and further the Sheriff agrees that it may, at its sole option, institute an administrative procedure for addressing any complaints or grievances which may be raised by the Sebastian Police Department over the providing of such services. SECTION 13. The Sheriff's Office shall have the right to limit, direct or deny access, to individual repres~~---~ntative---~ o-~ th~ePolice Department, to information and communications capabilities provided in Section 4, when such access has been abused, in violation of Florida Statutes, in violation of County, State or National directives and procedure governing the acquiring and use of sensitive information and equipment, may 3eopardize the Sheriff's Office effort or the representative is found to be a security risk. SECTION 14. County, further requirements of confidentiality The Sheriff's Office, of Indian River agrees that it shall conform with the Florida Statutes with regard to of information obtained from complaints through the 911 system. IN WITNESS WHEREOF, signature to be affixed. the parties hereto cause their CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor City Clerk Reviewed for form and content by: SHERIFF OF INDIAN RIVER COUNTY Gary ~ Wheeler City Attorney FRESE. N~SH & TORP~. Px June 10, 1993 FA¢eZHZLB T,RANSNZSeZ0~ Chief Earle Petty City of Sebastian Police Department 1225 Main Street Sebastian, FL 32958 930 S. I~nJ~OJ~ Cz~y Su~?~ 505 (40?) 984.3300 FAX (407) ~51.3741 Re ** Review of Mutual Aid and Voluntary Cooperation Agreement and Review of Communications Services Agreement Dear Chief Petty: Please be advised that I have finished my review of the proposed Mutual Aid and Voluntary Cooperation Agreement. The text of the agreement seems perfectly adequate and covers both "operational assistance" requests and "voluntary investigative cooperation" agreements as those terms are defined by Section 23.1225, Fla. Stat. (1991). The "powers, privileges, immunities and costs" section seems to be drawn straight from Section 23.127, Fla. Stat. (1991) and is therefore a lawful expansion of your officer's Jurisdictional reach under the terms of the agreement. I would point out that there appears to be a typographical error in Section 5. The first sentence of sub-paragraph (A) reads "Members of the CITY OF SEBASTIAN ~ DEPARTMENT...". This sentence should read "Members of the CITY OF SEBASTIAN POLICB DEPARTMENT...". Also, in Section 5, paragraph (D), the second sentence reads "... and shall defray the actual travel maintenance expenses..." Pursuant to Section 23.127 (2) Fla. Stat. (1991) the sentence should read "...and shall defray the actual travel and maintenance expenses...". The conjunctive is necessary to give the proper Chief Earle Petty Re: City of Sebastian June 9, 1993 Page 2 meaning to those expenses which would be the responsibility of the agency furnishing aid pursuant to the agreement. Section 6 and 7 concerning the indemnification and liability insurance provisions seem standard in that they require each agency to bear liability for the acts and.omissions of its own employees while rendering aid under this agreement. The City and Police Department should be aware that the one side effect of ~he Mutual Aid Agreement is to expose the City to additional instances of civil liability because a police officer's jurisdiction will be expanded under the terms of the agreement. The police department administration should acquaint themselves with the policies and procedures of the Indian River County Sheriff's Department to make sure that their policy on use of force on fleeing felons, high speed chases, execution of search warrants and other high risk activities are consistent with the City's policy on those activities. The risk for the City is that its officers will be requested to assist Indian River County deputies in an operation and during the course of the investigation be requested to provide assistance in the apprehension of a fleeing felon, high speed chase, execution of search warrant, etc. If the requesting agency has a more aggressive policy in these areas than the City of Sebastian, the chances of a civil claim being made against the City as a result of the acts or omissions of one of its employees is thereby increased. If the Indian River Sheriff's Office policies regarding these high risk activities is similar to or more conservative than the City of Sebastian's policy then there would be no increase risk of civil litigation from providing assistance in those circumstances. It is my opinion that on the balance, it is in the City's best interest to enter into the Mutual Aid and Voluntary Cooperation Agreement since it will enable the City to tap the additional manpower and investigative resources of a larger agency and will also allow the City to pursue criminal investigations that involve crimes or activity taking place in unincorporated areas of Indian River County. Finally, I would point out that this agreement may be considered a mutual aid arrangement as defined by Section 252.40(1) Fla. Stat. (1991). In order to comply with the provisions of that Section, a copy of the Mutual Aid Agreement should be sent to the 06/10/@3 e8:e$ ~ 407 9$1 3741~F~SE, NAEH et al ~ 94 I I Chief Earle Petty Re: City of Sebastian June 9, 1993 Page 3 Division of Emergency Management of the Department of Community I Section 6 has a typographical error zn ~e second sentence. The word "servicesI, appears twice. I Other than th;s typographical,. I find no reason not to become a party =o the Communications Servzces Agreement. The agreement certainly,e~hances the City's abili=y to provide emergency services to its cztzzens and this e~ancement comes at no direct additional cost to the City. It ~s my understanding that I the City wil% not be providing any addztional funding to the Sheriff's offlce as a result of their agreement to provide these services. I If you have any questions regarding my review or opinions regarding the proposed agreement, please feel free to call me Gs./egc ~reg~yen- I , I I i I I I i City of Sebastia. POST OFFICE BOX 1801E1 a SEBASTIAN. Fl.ORiDA 32g78 TEI. EPHOHE (401) 58g-~330 FAX 407-~8g-$570 SUBJECT: Antenna Space Tower Lease Agreement with Indian River County Department of 5~ergency Services Approved For Submittal By: Agenda No. Dept. Origin Date Submitted For Agenda OE Police 8/2/93 8/11/93 Ex|tibias: Tower Lease Agreement Letter frcmMr. Doug Wright, Director, ~nergency Services EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATIOh REQUIRED: SUMMARY STATEMENT A lease agreenent between the City of Sebastian and Indian River County Depar~nent of Emergency Services for antenna space on the city's tower. Monthly rental in the a~ount of $150.00. RECOMMENDED ACTION Review the attached exhibits and agreement and move to approve and authorize execution of the tower lease with Indian River County. Indian River County Board of County Commissioners Department of Emergency Services 1840 25th Street, Vero Beach, Florida 32960 June 22, 1993 Robb McClary City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Antenna Space - Tower Lease Agreement Dear Robb: On June 8, 1993, the Indian River County Board of County Commissioners approved the attached Antenna Space - Tower Lease Agreement between Indian River County and the City of Sebastian. I am attaching two original copies of the Agreement, both executed by Commission Vice-Chairman John Tippin, who chaired the meeting in Chairman Richard Bird's absence. At your earliest convenience, please submit the Agreement to the Sebastian City Council for their consideration. If approved, please return one executed copy to me and I will forward it to the Commission Executive Secretary. Thanks for your assistance and please convey to Chief Petty my appreciation for his help in securing space on the tower. It will sure improve the EMS communications capability in providing emergency assistance to citizens in the northern part of the county. Sincerely, Director ~/ Department of Emergency Services Attachments Referenced documents cc: John King Jim Judge File Division of rgency Medical Services 567-8000 Ext. 217 Division of Animal Control 567-8000 Ext. 446 SUNCOM 224-1444 Division of Fire Services 567-8000 Ext. 75090 FAX (407) 567-9323 Division of Emergency Management 567-8000 Ext. 444 ANTENNA SPACE - TOWER LEASE AGI~EEMENT THIS IS AN AGREEMENT by and between the CITY OF SEBASTIAN, a Florida Municipal corporation (hereinafter "Sebastian"), and INDIAN RIVER COUNTY of 1840 25TH ST, VERO BEACH, FL 32960 (hereinafter "lessee"). WHEREAS, Sebastian owns and maintains a radio antenna tower and building located at 1201 MAIN STREET, Sebastian, Florida; and WHEREAS, Lessee has need for use of such radio antenna tower for its own purposes and can do so without interfering with the uses of Lessor; and WHEREAS, Lessor is willing to allow use of the radio antenna tower by Lessee under the terms and conditions hereof. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Location: The Lessor owns and operates a radio antenna tower and building which is located at 1201 MAIN STREET. The geographic coordinates are: N. Latitude 2_/7 W. Longitude 80 Degrees, 49 Minutes, 0--5 Seconds Degrees, 28 Minutes, 2--2 Seconds Such radio tower and building shall hereafter be referred to as the "Tower". 2. Equipment and Installation: (i) Lessor hereby grants permission to Lessee to install and operate _~_1 antennae on the Tower with the tips of the antennae at a height of 150 feet above the ground directly under the Tower. All costs of installation and operation shall be borne by Lessee. The exact location and size of each antenna shall be pre-approved in writing by Lessor. Any and all damage caused to Lessor's property by virtue of such installation or operation shall be immediately repaired by Lessee at Lessee's sole cost. Lessee will take whatever acts are necessary, including the cessation of use of such antennae, to prevent any interference with Lessor's current or future uses. Lessor agrees to give Lessee immediate notice of any interference from Lessee's antennae. (ii) Lessor shall provide land or floor space for a transmitter or transceiver which shall operate on the following frequencies: See Exhibit "A". The exact location for the transmitter or transceiver shall be determined by Lessor. Lessor shall provide Lessee with a means of access to a transmitter or transceiver at all times during the term of this Lease. Lessee may not operate the transmitter/transceiver on any other frequency without the prior written consent of Lessor. (iii) Any and all materials needed by Lessee for operation of the antennae and transmitter/transceiver, including line and fittings, shall be furnished by Lessee at Lessee's sole expense. The transmission line installed by Lessee shall not exceed 1-5/8 inches in diameter. All such materials shall be installed so as not to interfere with or impede Lessor's access to the Tower and all parts thereof. 3. Operation and Maintenance. The operation of Lessee's . antennae and transmitter/transceiver shall in no way interfere with the use of the Tower by Lessor or any of its other lessees of the Tower. (A) Lessee will be responsible for the maintenance and operation of Lessee's antennae and associated equipment so as to: (i) Prevent any damage to the Tower or any property attached or adjacent thereto. (ii) Not interfere with the operation or maintenance of any other part of the Tower, and other equipment attached to or near the Tower. (iii) Not interfere with others' radio equipment on or around the Tower. In the event that Lessee is notified of interference, Lessee shall immediately take all steps necessary to eliminate such interference, and if this is not accomplished within twenty-four (24) hours from notice, then Lessee agrees to remove all Lessee's equipment from the Lessor's premises, and this lease shall become immediately null and void. (iv) Comply with all applicable rules of the Federal Communications Commission. (v) Allow only authorized engineering or maintenance personnel access to Lessee's antennae and equipment. (B) Lessee understands that Lessor shall have no liability for damage to Lessee's antennae or equipment (except that caused by intentional act or gross negligence of Lessor or its agents), from any cause whatsoever. (C) Lessor shall allow reasonable access to Lessee's antennae and equipment for installation and maintenance purposes under supervision of Lessor's personnel. (D) Lessee will indemnify and hold Lessor harmless from all claims, actions and suits, including cost of court and counsel fees, and all other expenses of every nature and kind in any way connected with or arising out of lessee's installation or operation of the antennae or equipment or in any way associated with the exercise of Lessee's rights hereunder. (E) Lessee shall obtain and keep in force, throughout the term of this Lease, insurance with a company or companies approved by Lessor providing public liability and property damage coverage acceptable to Lessor. Such insurance which shall name Lessor as an insured as well as Lessee, shall be in an amount not less that $500,000 for personal injuries to any one person in any one accident, and $1,000,000 to any number of persons for personal injuries in any one accident, and property damage in an amount not less that $300,000 resulting from one or more accidents or a combination of one or more accidents. Such insurance shall not permit cancellation of any coverage without at least thirty (30) days written notice to Lessor. 4. Terms: The Lessee shall pay as rental, the sum of $150.00 monthly (plus applicable sales tax) beginning on the first day of JULY, 199~, and on the same day of each and every month until, and including the first day of JULY, 1994. Cost of living increases to be applied annually according to the percentage increase of the CPI-U promulgated by the U.S. Department of Commerce during the previous twelve (12) months. This lease shall be renewable for a similar period of time, at the same rental, provided that Lessee Gives at least sixty days notice to Lessor, in writing, of his intent to renew. 5. F.C.C. Requlations: If, after execution of this lease, Lessee is unable to occupy, or is caused to vacate the Tower or building, due to actions of the Federal Communications Commission, or any state or local government authority, this lease may be canceled on the part of Lessee, without obligation, except that Lessee may be required to reimburse Lessor for expenses incurred in the negotiation or execution of this lease; such reimbursement not to exceed the sum of $ ~ . 6. Security Deposit: Concurrent with the signing of the lease, a deposit of the first and last months' rent to be held without interest has been paid to Lessor. This deposit will be used as the first and last month's rent. 7. Non-Liability of Lessor: Lessor shall have no liability, for direct, consequential, or incidental damages resulting from or in any way connected with loss of signal or any interruption in the service or operation of the antennae or other equipment due to: (i) The operation or cessation of operation of any of Lessor's equipment on or around the Tower; (ii) The operation or cessation of operation of any equipment of other lessees on or around the Tower; (iii) The collapse, or other structural failure of the Tower or any part thereof; (iv) As a result of any change in the Tower or any part thereof caused by Lessor or by any other cause. Lessor agrees to use reasonable diligence in repairing the Tower in the event o damage thereto not caused by Lessee. 8. Default: Lessee shall be in default hereunder in the event that any breach hereof by Lessee is uncured for a period of greater that five (5) days. In the event of default by Lessee, Lessor shall, at its option, have the right to immediately terminate this lease by written notice to Lessee. Upon ~ermination of this lease, Lessee shall immediately remove all antennae and related equipment from the Tower and repair any and all damage to the Tower or surrounding property so as to lease the Tower in the same condition as when this lease was entered into. In the event that Lessee fails to immediately remove the antennae and related equipment, Lessor may remove all such antennae and equipment and place such antennae and equipment outside of the building located beneath the Tower. Lessor shall have not liability for damage resulting to the removed antennae or equipments. 9. Miscellaneous: Neither this lease nor any part thereof may be assigned by Lessee. The terms of this lease shall be binding and inure to the benefit of the Lessee and Lessor, their heirs, successors and assigns. This written lease agreement contains all the terms and conditions of the agreement between the parties. CITY OF SEBASTIAN LESSOR By: Title: Attest: City Clerk . Approv~j/d as to form and content: Ci{y Att'~rney Rna~d ~f £nnntv ~.nmmi~s~mn Tit~:~{i ~ ~'~~ ~ _~ /John W~ Tippin, 9ice ~airman WITNESS Approved by Board 6-15-93 I I EXHIBIT "A" I FREQUENCY- MHz '::'MED:CHANNEL ':.BASES~'~',O" I :"'~S'=:O~'~'O":i :t I !NUMBERS: : TRANSMIT ~R:ECEIVE I ~ ~0 462.975I TRANSMIT ONLY II SATELLITE RECEIVER/TRANSMI'I'rER I SUBJECT: DEFENSIVE DRIVING ENRO~NT AGREEMENT City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 o FAX APPROVED FOR SUBMITTAL BY: City Manage~<~ F?'~ZZ~3~-- Dept. Origin Personnel~ Date Submitted 8/0~/9~ For Agenda Of 8/13/93 Exhibits: DEFENSIVE DRIVING ENROLLMENT AGREEMENT EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT The attached Defensive Driving Enrollment Agreement was written with the joint cooperation of Indian River County and the City of Sebastian. The city needs to provide its employees, who drive City vehicles, with training in order to protect both its employees and its financial assets. Employees need training to improve and update their driving skills. The City needs to protect its financial assets by insuring that all employees who drive City vehicles have training, so that in the event of a lawsuit, the City can show it provided adequate training and can possibly protect itself from a major lawsuit. The County has a trained defensive driving instructor, Roger Moore, who is certified by the National Safety Council, through the Flordia Treasure Coast Safety Council. The County is willing to provide the employees of the City with training at a minimal cost of $10.00 per employee. The training, which is generally conducted once a month in Vero Beach for four (4) hours, is available first to County employees. If there is any space left, (which there generally is), the City may enroll its employees. Any volunteer or paid employee of the City of Sebastian who drives a City-owned vehicle is eligible to participate, provided the Department Head approves and authorizes the expenditure of $10.00 per employee. RECOMMENDED ACTION Review and approve the attached Defensive Driving Agreement. Enrollment qo ATTACHMENT A DEFENSIVE DRIVIN~...ENROLLMRNT A~REF~MENT This Agreement is made and entered into effective this 20t~ay of July, 1993, by and between the City of Sebastian, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the "City", and Indian River County, a political subdivision of the State of Florida, hereinafter referred to as the "County." In consideration of the provisions contained herein, the receipt and sufficiency of which are hereby acknowledged, the City and the County, sometimes herein collectively referred to as the "parties", hereby agree as follows: 1. The City shall be entitled to enroll individuals who are employed by the City or who provide volunteer services to the City and who, from time to time, drive motor vehicles belonging to, or on behalf of the City, hereinafter referred to as "participants", on a space-available basis in each National Safety Council Defensive Driving Class (the "Class") sponsored by the County. 2. Each Class shall be for a four (4) hour period on the date, time and place designated or scheduled by the County. The County will notify the City of the date, time and place that it schedules for each Class at least two weeks in advance of each training date, whereupon, the City shall determine with the County whether there are any spaces available for a participant to attend said Class. 3. The City shall pay the County the sum of Ten and No/100 ($10.00) Dollars per participant scheduled to attend the Class. Payment shall be tendered by the City to the County on the day of the applicable Class. 4. The County shall provide the city with a list of each participant who successfully completes each Class. 5. This Agreement shall continue and be in effect until terminated by either party upon thirt~ (30) days advance, written notice by the party desiring to terminate the Agreement to the other party. 6. This Agreement may be modified upon the written agreement of the parties hereto. iN WITNESS WHEREOF, the parties hereto sign this Agreement by their respective representatives as set forth below. CITY OF SEBASTIAN By:~ Attest:Ka~hrYn M. O~"~alioran ~MC/AAE City Clerk ("Seal") Approved as to form and content: ~rl~s ia~ NaSh' city-"attorne~ INDIAN RIVER COUNTY BOARD OF Cg~INTY COMMISSIONES Richard 'N. Bird, Chairman, Board of County Commissioners Approved as to form and content: Charles Vitufiac, county Attorney FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I,AS'I NAMI FIRS I NAMI MiI)l)l.[i NAM[ NAME OF I~')AR I). COUNCIL, COMMI.~,~ION. AUTHORII"Y. OR ('OMMI'I-I'E[ POWELL, LONNIE R. SEBASTIAN CITY COUNCIL STREET MAll.IN(; AI)I)Ri{~S 1225 MAIN '"C~'IY' ' SEBASTIAN I~^TI!OnWHI¢'HVOI'eOccurrEI~ AUGUST 4, 1993 INDIAN RIVER 1'HE #OARI). ('Ot. INCII,. (Y,.IM MISSION. AUTHORITY OR COMMI1TEE ON WHICH I SERVE I,'.; A UNII'OF: ~ CI'IT m COUNTY l~ OTHER i.OCAI. AGENCY NAME OF POI.I'rlCAI. SUBDIVISION: CITY OF SEBASTIAN MY POSITION I.~: ~ ELECTivE m APPOINTIVE WHO MUST FiLE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authorit); or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 IF YOU MAKE NO A'ffFEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be ,md publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. LONNIE R. POWELL , hereby disclos= that on AUGUST /~ (a) ^ measure came or will come before my agency which (check one) X inur~ to my special private gain; inured to the special gain of my business .ssociate, ~ inured to the special gain of my relative, inur~ to the special gain of whom I am retained; or , inured to the special gain of is the parent or~nization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,1993: , by , which Measure: To appoint the City Clerk as Acting City Manager with potential for her to receive additional compensation for her service as same. Nature of Conflicting Interest: Current loan from City Clerk to Mayor Date Filed ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM SB - 10-91 PAGE City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA FORM SUB~ECT~ Police Retirement Board of Trustees Member APPROVED FOR SUBMITTAL BY: City Manager:~ ~/ Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: ¢$. 25 2 8/11/93 Gore Letter Section 58-51 Code Member List EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: SUMMARy STATEMENT This history and backup are provided to furnish you with sufficient knowledge to consider Mr. Gore's request. The City Council by adoption of Ordinance No. O-89-15, approved administrative procedures for the Police pension fund. Original two year appointments to the Board of Trustees were made in October of 1989. Please refer to the member list. We have received a letter from Mr. Gore requesting to appoint a new member to replace Larry Napier who resigned from his position with the City of Sebastian. Chief Petty has posed the question whether Mr. Napier, by his resignation from the City, has actually resigned from his board position. The requirements for that position are only that the member be ~legal resident of th_~e city and be appointed by City Council. If Mr. Napier remains a resent of Sebastian, is he still a member of the board? The question also arose that, if this position is considered vacant at this time and filled by a new member, could that new member be appointed to serve out the remaining two months of the term and an additional two year term. This question will need to be addressed by the City Attorney. RECOI~ENDED ~CTION Review the request and act accordingly. I l ~ SEBAS77ANPOLICEOFFICERS' ~ ! RETIREMENT TR US T FUND POST OFFICE BOX 780127 · SEBASTIAN, FLORIDA~J78:-.~... TELEPHONE: CITY HALL (407) 589-5330 · POLICE DEPARTMENT [407) FAX (407) 589-5570 ~ ¥_.',, July 14, 1993 Rob McCleary . City of Sebastian P.O. Box 780127 Sebastian, Florida Received Office .~. ,-,, Dear Mr. McCleary, Since the city has recently terminated Mr. Napier in his position with the finance department, the Police Pension Board is presently without a treasurer. Please regard this as a request to submit the name of another individual to the city counsel who can serve as treasurer on behalf of the Board. We would appreciate it if a person with similar experience as Mr. Napier could be appointed from within the ranks of the city finance department. Thank you. Sincerely, GJG/dhb pc: Chief Earl Petty Capt. David Puscher Sgt. Gene Ewert "Serving Those Who Have Served Us." § 58-50 SEBASTIAN CODE (b) State contribution~. Any moneys received by reason of the laws of the state for the purpose of funding and paying for retirement benefits for the poi/ce officers of the city shall be deposited to the fund within five clays of receipt. (c) City contributions. So long as the system is in effect, the city shall make quarterly contributions to the fund in an amount equal to the balance ofthe total cost for any year which shall be the total normal cost plus any additional amount required to amortize the unfunded actuarial accrued liability over a 40-year period. (d) Other. Donations, gifts and contributions from sources other than the dty may be deposited to the fund. Such deposits, at the discretion of the board, may be accounted for separately and kept on a segregated bookkeeping basis. (Code 1980, § 2-124; Ord. No. 0-92-03, § 7, 3-11-92) Sec. 58-51. Board of trustee~. (a) Administration vested in board; membership. The sole and exclusive administration and responsibility for the proper operation of the retirement system and for ~Airlng effective the provisions of this article are hereby vested in a board of trustees which shall be designated as the plan admires' trater for the system. The board shall consist of five persons as follows: (1) Two legal residents of the city who shall be appointed by the council to serve for a period of two years unless sooner roplaced by the city council. An appointed member may succeed himself; (2) Two employee members of the police department to be elected as provided in this section; and A fifth member, elected by the other four members of the board, to be appointed by the city council as a ministerial duty, for a two-year term. Such £dth member shall be allowed to suc__~ed himself in office for additional two-year terms if reelected. (b) Terms of office. The regular term of office of each elected or appointed trustee shall be for two years. Each employee trustee may succeed himself if reelected as provided in this section. (c) Election of empLoyee trustees. Employee trustees shall be elected in the following manner: ' the pol/ce officer elected members shall be elected by a m~jority vote of all actively employed members of their poi/ce department at places designated by the board. All qualified members entitled to vote shall be notified in ~erson or by written notice ten days in advance of the election. The two candidates from the poi/ce department who receive the highest number of votes for office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as they shall qualify. An election shall be held not more than 30 days and not less than ten days prior to the commencement of the term for which a trustee is to be elected. The board shall establish and administer the nominating and election procedure for each election. CD58:14 LAW ENFORCEMENT § 58-51 (d) Organization. The board shall elect from among its members a chairman, vice. chairman and secretary within ten days after a new trustee is elected or appointed. (e) Vacancies. Ifa vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the asme manner as the office was previously £dled. (f) Compensation; expenses. The trustees shall serve without compensation, but they may be reimbursed from the fund for all necessary expenses which they may actually expend through service on the board. (g) Votes; quorum. Each trustee shall be entitled to one vote on the board. A quorum shall consist of at least three members and three affn-mative votes shall be necessary for a decision by the trustees at any meeting of the board. The chairman shall have the right to one vote only. Trustees may not cast proxy votes. (h) Rules and regulations. Subject to the limitations of ~ article, the board shall, from time to time, establish uniform rules and regulations for the administration of the fund created by this article and for transactions of its business, including provisions for expulsion due to nonattendance of its elected members which could result in a vacancy. (i) Support services; legal counsel. The board shall engage such actuarial, accounting, legal and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the retirement system shall be paid by the fund at such rates and in such amounts as the board shall agree. Funds may be distributed by a disbursing agent as determined by the board, but only upon ~,ritten authorization by the board. The city attorney shall give advice to the board in all matters pertaining to their duties in the administration of the system whenever requested; and he shall represent and defend the board as its attorney in all suits and actions at law or in equity that may be brought against the board and bring all suits and actions on behalf of the board that may be required or determined upon by the beard. However, if the board so elects, it may employ independent legal counsel at the expense of the system for the purposes contained in this section, together with such other professional, technical or other advisors as the board deems neces~ry. (j) Removal of trustees. Any elected or appointed trustee who neglects the duties of his office, as determined by the board, may be removed by four concurring votes among the board. (k) Minutes. For all acts and determinations of the board, the secretary shall prepare minutes. (1) Duties and responsibilities. The duties and responsibilities of the board shall include, but not necessarily be limited to, the following: (1) Construe the provisions of the system and determine all questions arising thereunder. (2) Determine all questions relating to eligibility for benefits under the system. (3) Determine and certify the amount of all retirement allowances or other benefits under the system. CD58:15 § 58-51 SEBASTIAN CODE (4) Establish uniform rules and procedures to be followed for administrative purposes, benefit applications ~nd all matters required to administer the system. (5) Distn'bute to the members annually pertinent financial information concern/ng the system. (6) Receive and process all applications for participation and benefits. (7) Authorize all payments whatsoever from the fund, and notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through oper- ation of the syBtem and fund. (8) Have actuarial studies and actuarial valuations performed and make recommenda- tions regarding any and all changes in the provisions of the system. (9) Make the f'mal determination of a member's eligibility for the disability benefits provided in this article. (10) Perform such other duties as are spedfied in this article. (m) Audits. The board shall furnish to the city auditor such available investment and actuarial information regarding the system as shall be requested. At its option, the board may select the city's independent auditor for purposes of preparing an independent audit of the system, provided the aud/tor meets the requirements of F.S. ch. 185. (Code 1980, § 2-125) Sec. 58-52. Finance~ and fund maua~ment. (a) All of the contributions and auetz whatseever attributable to the system shall be deposited to the fund. (b) The actual custody and supervision of the fund and assets thereof shall be vested in the beard. Payments of benefits and disbursements from the fund may be made by the disbursing agent but only upon written authorization from the board. (c) The board shall be required to appoint a national or state bank with trust powers for the purpose of serving as custodian of the fund, and all assets of the fund shall be promptly and continually deposited therewith. In order to full'ill its.investment responsibilities as set forth in this article, the board shall be required to retain the services of the custodian bank, an investment advisor registered under Investment Advisory Act of 1940, an insurance company, or a combination of these, for purposes of investment decisions and management. Such invest- ment manager shall have full discretion in the investment of assets subject to limitation of this agreement and any guidelines as prescribed by the board. (d) All funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries regarding the followin~ (1) Receipts and disbursements of the fund. CD58:16 I I I i i I I I I I 1 ! I I I I ! NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 7/1/93 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH POLICE RETIREMENT BOARD OF TRUSTEES 2 YEAR TERMS Two Members ~ b_~ C%ty Council eARe~-eARSW~BB BARR¥-NAP~P.R APPOINTED: 10/89 TERM TO EXPIRE: 10/91 REPLACED CARSWELL: 2 / 91 UNEXPIRED TERM TO EXPIRE: 10/91 (REAPPOINTMENT LATE) REAPPOINTED: 1/92 TERM TO EXPIRE: 10/93 NAPIER RESIGNED 5/93 POSITION OPEN GREGORY GORE (CHAIRMAN) APPOINTED: 10/89 TERM TO EXPIRE: 10/91 (REAPPOINTHENT LATE) REAPPOINTED: 1/92 TERM TO EXPIRE: 10/93 TW9 Me~bers Appointed by Police ~ SENIOR SERGEANT EUGENE EWERT (VICE CHAIRMAN) APPOINTED: 10/89 TERM TO EXPIRE: 10/91 (CONFIRMATION LATE): 1/92 TERM TO EXPIRE: 10/93 CAPTAIN DAVID PUSCHER APPOINTED: 10/89 TERM TO EXPIRE: 10/91 (CONFIRMATION LATE): 1/92 TERM TO EXPIRE: 10/93 one~ APPointed by Board ~D~ Con~%rmed by City Council eH~EF-eHARB~S-REYNeBBs APPOINTED: 10/89 TERM TO EXPIRE: 10/91 RESIGNED: 9/90 CHIEF EARL PETTY APPOINTED TO UNEXPIRED TERM: 10/90 TERM TO EXPIRE: 10/91 (REAPPOINTMENT LATE) REAPPOINTED: 4/92 TERM TO EXPIRE: 10/93 93 I City of.Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: No Left Turns at CR 512 ) Approved for Submittal By: ) ) ) ~y~7~a~nage~ ~/~~ ) ) Agenda No. ) ) Dept. Origin ) ) Date Submitted For Agenda of Exhibits: ENG / P~ 07-29-93 08-11-93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT I have received several phone calls from concerned citizens regarding no left turn signs that have been placed along Laconia Street prohibiting left turns at CR 512. One resident felt this was a violation of his rights as a resident of the City of Sebastian. I explained, the reasons why the signs were posted at this time. Similarly, I would like to provide you with the reasons that were given to the resident, as follows: 1. During several meetings with Indian River County Public Works Director Jim Davis, it was agreed that a street connection would be allowed onto CR 512 at the intersection of Laconia with the following stipulations. A. That only a right in and right out would be provided. B. That a median crossover had not been designed for this intersection because of the distance to the Roseland Road intersection. C. Roseland Road extension would eventually be constructed to connect to Laconia. D. Once the Roseland Road extension is constructed the Connection at Laconia street would be eliminated and Laconia would then be terminated by a cul-de-sac. 2. Following that meeting staff including Chief Petty had agreed that in the best interest of safety, to post the no left turn prior to the construction of CR 512 road widening project. It was staff's intention to ensure the public safety by allowing the residents time to adjust to the change. 3. The resident that I had spoke with was unaware that there was not to be a median crossover at Laconia Street. I had learned from the U.S. #1 median project, that merely announcing the improvements at Public Hearings or having newspaper articles identify the project, residents along U.S. #1 did not inquire to the nature of the improvements until after construction had begun. At that point, their ability to remedy the modifications were rather limited. It is my intention that, prior to construction, the residents have time to react to the proposed improvements along CR 512. I explained to the resident that if this was a concern, he still had an opportunity in which he could voice his opinion to both City Council and County Commissioners to consider a change. RECOMMENDED ACTION No action required for information purposes only. I City of Sebastian POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Barber Street Sports) Complex Budget ) Sports Lighting ) Fixtures ) ) ) Approved for Submittal By: ) ) ~C qT- //O¢ ) ity Manage~ ~~~(~ ) Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: ENG / P~ 07-29-93 08-11-93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT During the regular City Council meeting of July 28th, 1993, Councilmember Corum requested the available fund balance for the Barber Street Sports Complex. As of July 21st the balance for the Barber Street Sports complex was $166,140. Prior to this date funds were spent on improvements which included the clearing and grading of the multipurpose field north of Tulip Street, seeding, mulching and fertilizing. A portion went to the redesign and design of both the complex north and south of Tulip Street. I have listed the proposed expenditures for the improvements of Ballfield Number four as follows: Description Expenses Remaining Balance Beginning Balance 166,140. Site Preparation 112,500. 53,640. Electrical 6,847. 46,793. Irrigation 16,650. 30,143. Fencing Dugouts Concrete Poles Pole Installation 14,000. 4,088. 5,100. 4,500. 16,143. 12,055. 6,955. 2,455. RECOMMENDED ACTION No action required for information only. I City of.Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 ) Agenda Number: SUBJECT: BID SPECIFICATIONS FOR WINDOW REPLACEMENT IN CITY HALL Approved For Submit~a~ By: ~ City Manager ~ ~~''~ Dept. Origin: Community Development Date Submitted: 08/02/93 (BC~__ For Agenda Of: Exhibits: 08/11/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: $100,000 APPROPRIATION REQUIRED: SUMMARY STATEMENT City Hall was built in 1927 and the original windows are still in service. The existing windows have deteriorated to the point that repairs are not practical from both a cost and energy efficient standpoint. With this in mind, window specifications have been developed for the replacement of all windows in this building. As an option, staff has developed specifications for hurricane shutters to be installed. These specifications were developed with the intent of maintaining the original architectural appearance of this unique building, and at the same time providing for improved energy efficiency. Staff has provided two options within the specifications. Option A calls for single-hung windows to replace all existing double-hung windows and fixed windows to replace all the small hinged-windows. As an alternative, Op_~ion ~provides o~e_-s~n~qle-hung window i_r~ry room or work area, wi_t_th the remaining windows to be fix~d~'~ In reviewing the budget and current operating statement, the following is applicable: Budget for Building Improvements Year to date expenditures $ 100,000 32,115 Available budget 67,885 RECOMMENDED ACTION Move to authorize staff to bid the new windows and shutters for City Hall. TO: THROUGH: FROM: DATE: RE: City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 rn FAX (407) 589-5570 M E M O R A N D U M Robert McClary City Manager Bruce Cooper Director of Community Developmen~~ Jan King b~ July 23, 1993 City Hall Windows and Storm Covers Attached is a revised draft of the bid specifications for window replacement and storm covers in City Hall. I have spoken with a representative from EFCO Corp., a window manufacturer, regarding a number of questions which you asked. The muntins on the windows would not be removeable for cleaning. They are built as part of the frame itself and would add to the strength of the window. Removeable muntins are rare in commercial grade windows, very expensive, and not recommended by this manufacturer. Mr. Votapka asked if the muntins could not be applied between thermal windows. This is possible. However, EFCO does not see a great energy savings by the use of thermal windows in our southern climate. They would recommend tinted windows over double glass. Also, muntins between thermal windows are very flat and will not duplicate the appearance of the original windows. The question of appearance regarding fixed windows vs. single hung windows was also raised. It is possible to duplicate the appearance of the single-hung windows with a fixed window. However, the window representative noted that we must specify this request, as it will require special effort on the part of the manufacturer to match the site lines of the single-hung windows. :jk 2nd draft CITY HALL WINDOW STORM COVERS PART 1 - GENERAL 1.01 SUMMARY WORK INCLUDED: Manufacture and install removeable storm covers for windows in City Hall, as noted on the attached window schedule. 1.02 SUBMITTALS Contractor shall submit shop drawings, and finish samples. Samples of materials as may be requested without cost to owner, i.e., metal, fasteners, frame sections, etc. 1.03 TESTING AND PERFORMANCE REQUIREMENTS System must be designed in accordance with Standard Building Code, Southern Edition. 1.04 WARRANTIES The responsible contractor shall assume full responsibility and warrant for five (5) years the satisfactory performance of the storm panels. Any deficiencies due to such elements not meeting the specifications shall be corrected by the responsible contractor at his expense during the warranty period. 1.05 INSPECTIONS Ail bidders are encouraged to inspect the existing windows of City Hall prior to submission of bid. PART 2 - PRODUCTS 2.01 MATERIALS A. Aluminum Hurricane Panels 1. Storm panels to be constructed of roll formed aluminum with a minimum thickness of .040. 2.02 Corrugation depth of panels to be a minimum of two inches (2"). B. Mounting Hardware 1. Ail mounting screws to be stainless steel. m Concrete anchors to be lead/brass expansion sleeve type, flush mount. C. Tracks Header tracks: aluminum. Constructed of extruded m Sill tracks: Constructed of extruded aluminum 2" x 2" x 1/8" with stainless steel studs on 12" centers. FABRICATION A. General Storm panel system to consist of individual corrugated roll formed aluminum panels which interlock with one another contained at the top by a header track and bolted to the base .track with 1/4-20 washer wingnuts. Storm panels to be mounted on outside of opening (not within). Storm panels and sill (bottom) tracks to be removable. B. Finish Storm panels to be mill finish With a stucco embossed surface. Header tracks to have a baked enamel (painted) finish. PART 3 - EXECUTION 3.01 INSTALLATION Use only skilled tradesman with work done in accordance with approved shop drawings and specifications. Contractor to be licensed in the City of Sebastian. I I SUBJECT: SET PUBLIC HEARING FOR SPECIAL USE PERMIT FOR DR. HENRY I A. FISCHER Approval for Submittal By: City of ,_qebastian 1225 Main Streetn SEBASTIAN. FLORIDA TELEPHONE (407) 589-5330 u FAX (407) 589-5570 ) Agenda Number: ~.~,. m2 ~ -- ~' / 7~ ) ) Dept. Origin: Community Devel....opment ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) ) ) 2. ) ) ) ) 4. ) ) 5. ) 6. ) 7.129/93 8/04/93 Special Use Permit Application from Henry A. Fischer Letter dated June 24, 1993 from Henry A. Fischer Letter dated July 30, 1992 from Henry A. Fischer Letter dated june 11, 1993 from Bruce Cooper Resolution R-92-33 Letter dated July 30, 1993 from Bruce Cooper EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARy ~.TATEMENT Please refer to my letter dated June 11, 1993 to Dr. Henry A. Fischer regarding an inspection of his burning and mulching faCility. This inspection revealed that Dr. Fischer exceeded the amount of designated area that was approved pursuant to Resolution R-92-33. Dr. Fischer has applied to the City of Sebastian to amend his special use permit to enlarge the specific area for his operation and to change his expiration date of the special use permit. At this time, I would request that City Council set the public hearing pursuant to Section 20A-2.6(D) of the Land Development Code in order for you to consider his application. Page 2 In a letter (enclosed) dated July 30~ 1993 to Dr. Henry A. Fischer, I have requested additional information that would be consistent with Council's position regarding this type of facility. RECOMMENDEDACTION Move to set the public hearing for a special use permit Fischer for September 8, 1993. for Dr. I I I the City I Henry A. I APPLICATION FOR BPECIA{~ USE PERMIT In accordance with Section 20A-2.6, Lend Development Code, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for In the zoning £egulettons. All such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to It in each case thatt l) The granting of the permit will not be detrimental to the public safety, health or welfare or be injurious to 'other properties or improvements within the immediate vicinity in which the p~operty is located! and 2) The use requested ts consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. The ice for a special use permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along wt~h the ~ppropriate certified return receipt mailing fee (currently $2.29 for U.S. mailing). NAHE OF APPLICANT~ Henr~ A. ADDRESS OF APPLICANT~ Seba~£i~n, FL 32958 APPLICANT PHONE ti, (407) 589-5159 Wa£erv£iet ~venu~, North ADDRESS OF SUBJECT PROPERTY: _.. LEGAL DESCRIPTION OF SUBJECT PROPERTY,, A£.[ o~ the qua~te~ of Section 23, Town~hip $1 So~th, R~,~ge ~g Ea~, f-Y~"9 wast the Sebastian RiveA, Indian River Count~. ZONING OF SUBJECT PROPERT~ %~0 REASON FOR REQUEST FOR SPECIAl, USE PERMIT~ I) E.~tZ~d da.~ ct permit termination to 5 ~e~r~ ~rom rene~l~ date. 2) Extend ~tor~ ~rea of permit {~ee attached) to area in 23-31-38 THE BUILDINO OFFICI~ F~AY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS St~Hm~ure of App,]ican~ Date June Il, 1993 b,specus~.app CITY OF SEBASTIAN & ~,.' t '.,,. t ~.,~' ' BUILDING DEPARTMENT RECEIPT BUl~iflD Plumbin~ EIm=l Pe~it R~on Fee Rei~bn Fee Prep~d L~en~ R~ewal ~ntra~o(s L~nse Rental ~mra=o~ L~nse.~tbn Fee ~her U~nses & Permas B~ ~am (~inesville) M~el ~me Perma ~onment of Ea~ment Sae Plan ~val; Ui~r S~e Plan APpeal. Uaj~ · P.U.D. ~ Co~eHual ~ Prelimina~ Plat ~ Pmlimina~ ~ Final Zoning Ame~me~ 3?2O0 3220O 32200 20800 322.00 22300 32900 32900 32900 32900 34120 32200 32200 _34189 34120 34120 34120 3412O 34120 34120 36000 Total Paid /';'",.. ~' ~, P. O. Box 780068 Sebastian, Florida 32978 Telephone (407) 589-5337 June 24.1993 Mr. Bruce Cooper Community Development Director City of Sebastian 1225 Main Street Sebastian, FI, 32958 RE: Mulching Facility Dear Mr. Cooper: Enclosed, please find' the toll.owing diagram highlightit~g file m'ea we are using for storage o£ material. The description is: All of the Northwest 1/4 of Sectiol~ 23, Township 31 South, Range 38 East, lying west of the proposed" Henry's Loop Avenue" of the site plan for San Sebastian Springs West, on file with the City of Sebastian. &s discussed, flu'ongh ti~e mulching process we' ye had to store material to be deled propedy in order to cmnl.q~te the mulching process. Since, rely. ttAF/dk l_and Clearing * Top Quality Fill P. O. Box 780068 Sebastian, Florida 32978-0068 (407) 589-3159 ]aL~ 50, 1992 UaVor Lonni¢ P.O. Box 7g01~7 3eba~£ia~, FL RE: ge~6o£ation ~o. F-92-3~ ge~eren~e i~ ma. de to the a. bove · ke g~n~ing o~ a Speai~ ~e Perm~ ma:ahing and barning ~~. In Se~ion ~, p~ge 4, Exp~ion Perm.. The permit i~ aa~ren~ g~an:~d ~o~ ~ ~o-~ period ~,om :he da~ o~ :he Sp~i~ U~ P~m~. Thi~ p~ojea: i~ a Aang :~m p~ojea: ~ep~e~en:ing ~ great deal of expend~a~e~ ~o~ eqaipmen:. Thi~ eqaipment · o be a~ed oue~ a ~ong :ime p.~od ~o m~an: ~inanaing and re-pa~men: of ~he ~aai~i:~. ~ear project. I ~eqae~ ~h~ ~ be of ~he Speai~l U~e Perm~ ~h~ ~ ~h~ e~p~e.~on ~o a malahing and barning faa~ o~ on ~aah da~e as a ba~ding permi~ i~ applied ~o~ b~ ~e owner (o~ or repre~en~a~ue) p~ .a ~ ~o~ed m/~hin ~he ~abdiui~ion where ~he ma~ahing and banning ~aa~g ~i~e ~o ~m~ ~he ~wo ~ear ~nniuer~ar~ o~ ~he granting of · he ~pe~al a~e perm~ p~r~aant ~o ~he Re~o~ian, whiah- Sincerely, Henr~ A. Fischer, ~.D.S. Fi~e B. Cooper June 11, 1993 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 Dr. Henry A. Fischer P.O. Box 780068 Sebastian, FL 32978 Reference: Resolution R-92-33 Dear Henry: At its regular meeting of July 22, 1992, the City Council adopted Resolution R-92-33 which authorized the operation of a mulching and burning facility on your land known as San Sebastian Springs West. Your application was submitted with a site plan identifying the specific area that would be utilized for this operation. After reports of a fire within your facility, I conducted an on-site inspection regarding this property to determine compliance of the conditions set forth by City Council. My inspection reveals that you are stock piling material~ in excess of the designated area which constitutes a violation of the conditions of Resolution R-92-33. Pursuant to our conversation last week regarding this matter, you had indicated that you were going to pursue a revised site plan and present this to the City Council for their approval. Enclosed is a special use permit application which will have to be filled out and the $150.00 fee be paid in order to process your request. Please submit this information prior to June 17, 1993 in order to place this matter on the June 23rd City Council meeting. The City Council meeting of June 23rd will only set the public hearing for the actual review and approval of your proposed amendment to the special use permit. Your anticipated cooperation in this matter is greatly appreciated. Thank you. Sincerely, Director of Community Development BC/gk R9233.wp RE$.0LUT. ION NO.: L.R-92-33 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 BURNING FACILITY, PURSUANT TO SECTION 20A-2 · $ OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TP~CT OF LAND APPROXIMATELY 25.69 ACRES IN SI2E LOCATED NORTH OF COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND 'EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY OF SEBASTIAN~ INDIAN RIVER COUNTY, FLORIDA~ PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE L~ND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~ PROVIDIN~ FOR TEE IMPOSITION OF CONDITIONS FOR THE IESUANCE 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; PROVIDIN~ A SEVERABILITY CLAUSE~ AND PROVIDIN~ FOR ~N EFFECTIVE DATE. WHEREAS, Henry Anthony Fischer, individual ly, ( "the Applicant"), has applied for the issuance of a special use permit for the operation of a mulching and burning facility on a tract of land which is located in the City of Sebastian, Indian River County, Florida; and WHEREAS, the Applicant, and his representative, have participated in various pre-application discussions with appropriate members of the City staff; and WHEREAS, the City staff has determined that the Applicant's application for a special use permit should be approved subject to certain conditions; and WHEREAS, at its regular meeting on May 21, 1992, the Planning and Zoning Commission recommended approval of the Applicant's request for the granting of a special use permit for the operation of a mulching and burning facility on a tract of land the Applicant owns located in the city of Sebastian; and WHEREAS, the City Council has considered the recommendations and comments of the Planning and Zoning Commission and the City staff; and WHEREA~, the City Council has conducted a public hearing after compliance with the provisions of Section 20A-2.6 D of the Land Development Code of the City of Sebastian to afford the input of comments and evidence from all 'interested persons, citizens and affected persons; and WHEREAS, the City Council has determined that the granting of the special use permit to the Applicant will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the Applicant's property that is the subject of the special use permit is located, and will reduce the use of the Indian River County landfill for disposal of land clearing materials; and WHEREAS, the City Council has determined that the use requested by the Applicant, that is, the operation of a mulching and burning facility, is consistent with the purpose and intent of the zoning district where the Applicant's property that is the subject of the special use permit is located and is similar in nature and compatible with the uses allowed in that zoning district. NON, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTiAN~ INDIAN RIVER COUNTY, FLORIDA~ that: ~ SPECIAL USE PERMIT. The application for the issuance of a special issue permit for the operation of a mulching and burning facility submitted by Henry Anthony Fischer, individually, for the real property located at North of County Road 512, East of the Sebastian River, and West of the western Sebastian city limits, in the City of Sebastian, Indian River County, Florida, being more particularly described as follows: - "The West 475 feet of the North 2356.24 feet of the Northwest one-quarter of Section 23, Township 31 South, Range 38 East, lying West of the Sebastian River. Said land situate in Indian River County, Florida, and containing 25.69 acres, more or less. is granted, subject to the requirements and conditions contained in this Resolution. ~ CONDITIONS OF ~ppRovALANDCONTINUATION OF THE SPECIAL USE PERMIT. The approval of the City Council ~f the application of the Applicant for a special use permit that is the . sub3ect matter of this Resolution and the continuation of such special use permit until its expiration (as provided for in Section 3 this ResolUtion) is conditioned on the continuous satisfaction . of, and compliance with, the following requirements by the Applicant or his successors and assigns: 1. Compliance with the provisions of all applicable federal and Florida statutes, rules and regulations, county ordinances and the ordinances and resolutions of the City of Sebastian, including, but not by way of limitation, all sections of the Land Development Code of the city of Sebastian. 2. Securing all required permits from the Florida Department of Environmental Regulation, and all other state, federal, county and city agencies and departments. 3. Utilizing the private road designated by the Applicant as Watervliet Avenue (also known as the C.R. 510 extension), which is owned by the Applicant, for all vehicular traffic associated with the mulching and burning facility. 4. Obtaining and maintaining an occupational license from the city for the mulching and burning facility. 5. Operating the mulching and burning facility in a manner that does not create any smoke, glare or other visual hazards in violation of Section 20A-5.15(C)(b) of the Land Development Code of the City of Sebastian. ~ EXPIRATION OF THE BPECI~L UBE PERMIT. The Special Permit granted to the Applicant pursuant to this Resolution Use shall expire on such date that the subject property ceases to be used primarily as a mulching and burning facility or on such date as a building permit is applied for by the owner (or his or her agent or representative) of a lot ,located within the subdivision where the mulching and burning facility is located or on the two year anniversary of the granting of the special use permit pursuant to this Resolution, whichever date first occurs. ~ CONFLICT. All resolutions or resolutions in conflict herewith are hereby repealed. parts of ~ SEVER~BiLITY. 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 I the City Council of the Cit~ of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be I assumed that the City Council would have enacted the remainder of i this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force i and effect. I ~ ~FFECTIV~ DAT~. This Resolution shall take effect immediately upon final passage. I The foregoing Resolution was moved for adoption by Council _ I co,~il Member ~ ~__~,~/ and, upon being put to a Member C~~_/j . The ,otlon wa~ seconded by I vote, the vote was as follows: ' I Mayor Lonnie R. Powell _ ~<~j Vice-Mayor Frank Oberbeck /~f~/~. il Council Member Carolyn Corum ~.'~/~/ ~ i Council Member Peter R. Holyk ?/~ : council Member George G. Reid ~,~. I The Mayor thereupon declared this Resolution duly passed and adopted on this ~,~/day of /~~ .... , 1992. , ATTEST: Lonn ayor / I Kathryn ~. O'Hallor~n, cMC/AAE City Clekk (Seal) 5 I HEREBY CERTIFY that notice of public hearing on this Resolution was published in the Veto Beach Press Journal as requi~ed by Section 20A-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida, 'that one ~blic hearln~ was held on this Resolution at 7:00 p.m. on the ~day of ~ , 1992, and that following said public hearing this Re~l~lon was passed by the City, Council. Kathryn ~M. 0', Hanorah, CMC/AAE City Clerk · Approved as to~d Content: 6 Git)' of-Seba.rtiatt I 1225 Main Sereetl..I Bi?iJ^SII^I4, I-I.(.Jllll)^ t.,,}, I ~ TELEPIIONE (407) 60g-533() i~ FAX (,IU/) 5Ug-DS/u July 30, 1993 Dr. Henry A. Fischer P.'O. Box 780068 Sebastian, FL 32978 Reference: Special Use Permit Dear Dr. Fischer: On June 14, 1993, I received your application and payment of fee for your request to amend your special use permit pursuant to my letter dated June 11, 1993. I received the following documents: 1. Special Use Permit Application, e A letter dated June 24, 1993 from Henry A. Fischer identifying the amended area, A copy of your Preliminary Subdivision for San Sebastian Springs West with a highlighted area identifying the proposed new area for your facility. I will be placing this item on the City Council's agenda of August 11, 1993, only to set the required public hearing oil September 8, 1993, for your special use permit. i have previously been in contact with Hank in regards to your application and requested additional information and data the City Council would need in reviewing your proposed amendment. I would request a site plan (to scale) having the following information; Legal description and site data identifying the specific area that will be utilized in the operation. Dimensions and specific coordinates shall, be utilized from the land surveyor's PCM's. In order for field verification, proper monumentation shall be installed within, line site of each other, along the perimeter of the proposed site. The site plan should indicate the access road via County Road 512. Henry A. Fischer July 30, 1993 Page 2 Identify the specific location for the mulching machine, air curtain incinerator and any other apparatus or equipment that will be utilized in this operation. Identify the stockpile area of the raw material. Identify any areas for processed materials such as mulch and fire wood. The City Council will need to know the maximum stockpile area that you plan to keep on site for the raw materials. This should be identified on how much land area and volume (cubic yards or other acceptable measure) that would be kept on site. You should also identify the amount of raw materials that call be processed (mulching and air curtain incinerator) in one day. With this information, the City Council could determine how long it would take to process all the materials that you may have stockpiled on the property. Since you have been in business for some time now, it Would be helpful to identify the amount of raw materials that you currently have on your property, the amount of raw materials that you have received, and how much processed materials you have sold. If .the City Council is inclined to require a performance bond to ensure compliance of its requirements, staff will need information regarding the approximate cost that it would take to remove all of the stockpile and process materials on site. After determining the amount of stockpile materials in cubic yards or other acceptable measures, you will need to provide costs to remove the debris away to a proper disposal facility. This should also include the cost of disposing the material at a proper landfill site. Staff has concerns with the amount of existing stockpile area that you do have and your reasoning for the need for the amount of area you are requesting. I believe with the above information and an outline of your marketing strategy for this operation will be essential for City Council to review your request. Staff will need the above reference information by no later than August 31, 1993 in order to forward this to the City Council in their agenda packet. Henry A. Fischer July 30, 1993 Page 3 If you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. Sincerer,% Director of Community Development BC/gk fsup.wp cc: Mayor & City Council I OFFICE OF COUNTY ATTORNEY C,AnL,S ,. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY WILLIAM G. COLLINS II 1840 25th Street, Vero Beach, Florida 32960 ~.~ c.~.,~ ^,.,..y Telephone: (407) 567-8000, Ext. 424 Suncom.. 224-1424 ~ T~RmENC~ P. 0'StolEN ~l~ SI'IAROiC~IRNII,LIPS IIRENNAN City Manager !. '~! I 1225 Main Street Sebastian, FL 32958 '-."~C."*- o, ~ ...'-5'/ .... ~..>.- Re; Solid Waa~e Dis~o~ai Dist'ric= Dear Mr. McClary: In 1987 all of the municipalities in Indian River County joined with the Board of County Commissioners in creating the Solid Waste Disposal District (SWDD), which is a dependent special district of the County created to dispose of the solid waste generated within the District's boundaries. The District is funded from assessments, service charges, and other fees and i~sued over $8,000,000 in revenue bonds to pay for the capital expense of the District. Fees from land clearing debris are a substantial revenue source for the payment of the bonded debt. As a means of controlling the manner of disposal of waste in the county and of protecting the revenue to repay the bonds, the ordinance creating the District made it a requirement that all solid waste generated by assessable property within the District or disposed of in the District be disposed of through the SWDD. Land clearing debris is solid waste. Since the City of Sebastian is a member of the District, the actions of the City should be consistent with the requirements of the District, i.e., the City Council should take no steps to dispose of solid waste generated within the city other than through the SWDD. With this in mind and understanding that an application has been. ma~e by a private per,on who wishes to burn or mulch land-clearing debris without sanction by the SWDD, the City may wish to withhold approval of the operation until the applicant has first obtained a SWDD permit. Sincerely, CPV/lk Enclosures cc: county Attorney Terrance G. Pinto, Utilities Director Ronald Brooks, SWDD Manager 13.1.5 INDIAN RIVER COUNTY CODE Sec. 13-15. Severability. If any section, subsection, paragraph, clause, sentence, phrase or portion of this article if for any reason hem invalid, un]awful or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such ho]ding shall not affect the validity of the remaining portions hereof. (Ord. No. 77-39, 12-27-77) Sees. 13-15.1--13-15.20. Reserved. DIVISION 2. SOLID WASTE DISPOSAL DISTRICT* Sec. 13-15.21. Creation; composition; governing body. Pursuant to the authority granted by section 125.01(5)a, Flor- ida Statutes, there is hereby created a dependent special district to be called the solid waste disposal district ('SWDD" or "dis- trict") for the purpose of providing an efficient and acceptable means funded in an equitable manner for the disposal of solid waste generated by the residents of the district or county. The district shah be composed of the entire unincorporated area of Indian River County and those municipalities in Indian River County which voluntarily .join the district through approval of their governing body pursuant to law. The governing body of the district shall be the board of county commissioners. (Ord. No. 87-67, § 1, 12-22-87) Sec. 13-15.22. Authority for funding of district. The district shah be authorized to operate from funds derived from special assessments levied against improved real property ("assessable property") within the district and service charges and fees, pursuant to the procedures of this division and general law. (Ord. No. 87-67, § 2, 12-22.87) *Editor's note--Ordinance No. 87-67, adopted Dec. 22, 1987, did not specifi- cally amend this Code; hence, inclusion of §§ 1-15 as §§ 13-15.21-13-15.35 comprising a new Div. 2 of Art. II, was at the discretion of the editor. Cross references--Special taxes, districts and units, ch. 21: solid waste dis. posal and collection municipal taxing unit, § 21-72 et seq. Supp. No. 46 686 LANI) CI,EARANCE, ETC. Sec. 13-15.23. Statement of district intent and requirements. (ai It is the intent of the district and a requirement of this division that all solid waste generated by assessable property within the district, or disposed of in the district, be disposed of through the SWDD, and that all assessable property within the SWDD be charged an annual special assessment (the "disposal charge") to help pay for the disposal costs. Co) It is found that these requirements will promote the health, safety, and welfare of the citizens of the district by providing environmentally sound ways of disposing of solid waste, by re- ducing illegal dumping, and by paying for the service through the fairest reasonable method. The board finds that having the solid waste disposal services described in this article available constitutes a benefit to assessable property, equal to, or in excess of, the assessment against such property whether the assessable property actually generates solid wastes or not. (Ord. No. 87-67, § 3, 12-22-87) Sec. 13-15.24. Powers of district. The SWDD shall have all powers necessary and incident to accomplishing the purposes of the district, which powers shall include the power to adopt "policies and procedures" of the SWDD by resolution of the board of SWDD commissioners; hire, fire, and set compensation of employees; lease, rent or buy real and per- sonal property; issue revenue bonds or other certificates of indebt- edness; and contract, including the power to contract with mu- nicipalities within the county which have not joined the SWDD. (Ord. No. 87-67, § 4, 12-22-87; Ord. No. 89-25, § 1, 9-12-89) Sec. 13.15.25. Definitions. For the purpose of this divisio~, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in plural numbers include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. Supp. No. 54 686.1 § 1.3-15,25 INDIAN RIVER COUNTY CODE Assessable property shall mean all improved residential real property, improved commercial real property, or other improved real property that generates or is capable of generating solid waste. Agricultural land and any unimproved or vacant land shall not be considered assessable property. Board shall mean the board of county commissioners acting as the governing body of the district. Disposal charge shall mean the annual special assessment charge against a parcel of assessable property for the disposal of solid waste for the applicable fiscal year based upon the classifi- cation of the use of such parcel of property as specified in the waste generation unit (WGU) schedule (Attachment 1'). Disposal charge roll shall mean the list prepared and confirmed by the board each fiscal year containing a summary description of each parcel of assessable property within the county, the name and address of the owner of each such parcel as indicated on the records maintained by the property appraiser, the rate classifica. tion applicable to each parcel of assessable property as specified in the rate resolution, and the amount of the disposal service charge applicable to each such parcel. Garbage shall mean every refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cook- ing and dealing in, or storage of edibles, and any other matter, or any nature whatsoever, which is subject to decay, putrefaction, and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects, or any other container of the material defined herein, but excludes animal carcasses. Garden trash shall mean all accumulation of leaves, grass, shrubbery cuttings, logs, tree limbs, brush, palm fronds, and other refuse attending the care of lawns, shrubbery, vines, and trees. *Editor's note--Attachment 1 to Ord. No. 87-67 is not printed herein, but is on file, together with the ordinance, in the offices of the county. The term "equiva- lent residential unit (ERU)" was changed to "waste generation unit (WGU)" by § 2 of Ord. No. 89.12, adopted Sept. 12, 1989. Supp. No. 54 686.2 LAND CLEARANCE, ETC. § 13-15,25 Hazardous waste shall mean material or combinations of ma- terial which require special management techniques because of their acute chronic effects on air and water quality; on fish, wildlife, or other biota, and on the he~alth and welfare of the public. These materials include volatile, chemical, biological, ex- plosive, flammable, radioactive, toxic materials, fecal wastes, an- imal carcasses, and pathologic wastes. Improved property shall mean any real property on which is located any structure or other valuable improvement such that the property is capable of generating solid waste. Industrial waste shall mean the waste products of canneries, fisheries, slaughterhouses or packing plants, condemned food prod- ucts, agricultural waste products, waste and debris from brick, concrete block, roofing shingles, or tile plates, debris and wastes accumulated from land clearing, excavating, building, rebuild- lng, and altering of buildings, structures, roads, street, sidewalks, or parkways, and other solid waste products generated from in- dustrial processing or manufacturing. Recyclable materials shall mean materials separated, at the point of generation, by the generator or his agent, and donated or sold by the generator for purpose of recycling; including news- print, cardboard, aluminum, glass, plastic, and ferrous metals. Rubbish shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes or containers, sweeping, and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices, and other business places; also any bottles, cans, or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water-breeding insects. Solid waste shall include the specific terms "garbage," "gar- den trash," "rubbish," and "industrial waste," but excludes the recyclable materials, as herein described. Special wastes shall include wastes having special characteris. tics or requiring special handling. These wastes include over- sized, bulky wastes and material generated from land clearing and demolition activities, tires, and construction debris and haz. Supp. No. 54 686.3 13-1§.28 INDIAN RIVER C¢)UN'¥Y CODE ardous wastes. These wastes also include solid waste from unim- proved real property of any size and improved real property of more than one acre. Waste generation unit (WGU) shall mean the basis for mea- suring the solid waste generated. One WGU shall be equivalent to a waste generation rate of one ton per year. (Ord. No. 87-67, § 5, 12-22-87; Ord. No. 89-25, §§ 2, 3, 9-12-89) Sec. 13-15.26. Calculation of disposal charge; notice to tax- payers. The SWDD shall use January 1 preceding the beginning of each fiscal year to determine the assessable status of property within the district for the ensuing fiscal year. By July of each year, the district shall prepare a preliminary budget for the dis- trict for the next fiscal year and shall determine a proposed dis- posal charge for each parcel by using the schedule of WGUs on Attachments 1 and 2 which are an integral part of Ordinance No. 87-67. At the same time as the board of county commissioners conducts preliminary budget hearings for the adoption of the an- nual county budget, the SWDD board shall hold preliminary as- sessment hearings to adopt a budget for the SWDD and a disposal charge per WGU. This hearing shall be advertised once approx- imately one week before the hearing to allow interested parties an opportunity to attend and be heard. This preliminary assess- ment roll shall then be sent to the property appraiser for inclu- sion in the TRIM notices sent out by that office to each taxpayer. The notice shall indicate when and where the final SWDD budget hearing will be held. (Ord. No. 87-67, § 6, 12-22-87; Ord. No. 89-25, § 2, 9-12-89) Editor's note--Attachments I and 2, referred to in this section and attached to Ord. No. 87.67, are not printed herein but are on file and available for reference in the offices of the county. Sec. 13-15.27. Objection to disposal charge; creation of ad- justment board. Any property owners who wish to contest the special assess- ment against their property shall have the right to confer with the SWDD staff informally to correct any errors, and if there are Supp. No. 54 686.4 LAND CLEARANCE. ETC. ~ 13.15.29 still unresolved problems, the property owner shall have the right to file a petition with the SWDD board, using the proce- dures of Chapter 194, F.S., dealing with the property appraisal adjustment board, except that the adjusting board shall be the SWDD board rather than the property appraisal adjustment board. To obtain relief before the SWDD, a property owner must show, by the preponderance o£ evidence, that his property, by having this SWDD available, does not receive benefits at least equal to the disposal charge against his property whether the assessable property generates solid waste or not. The SWDD may, hy resolu- tion, establish a fee for any appeal to it and may adopt its own rules of procedure. (Ord. No. 87-67, § 7.12.22-87~ Sec. 13-15.28. Adoption of annual budget; adoption of reso- lution containing disposal charges to be imposed. On or before the first day of October of each year. during the county budget hearings required pursuant to Chapter 129~ Flor- ida Statutes, the SWDD board, after such notice as may be re~ quired by law, shall hold a public hearing for the purpose of adopting a final budget for the SWDD for the next fiscal year. The budget may include funds for the payment of outstanding and anticipated indebtedness including ali reserves, for futm'e capital and land acquisitions and renewal and replacement of existing facilities, for the enforcement and administration of the billing and disposal charge collection, for reserves for anticipated delinquent or uncollected disposal charges, for the payment of the current operation and maintenance expenses of district facili- ties, and for other legal expenses. At this public hearing a resolu- tion containing the disposal charges to be imposed upon each parcel of assessable property in the district shall be adopted and transmitted to the tax collector for collection. (Ord. No. 87-67, § 8, 12-22-87) Sec. 13-15.29. Collection of disposal charges by tax collector. (a) Procedure. By authority of section 197.363. Florida Stat- utes, the tax collector shall collect and distribute all disposal charges using the same procedure as is used for collecting ad valorem taxes. Supp. No. 54 686.5 13-15.29 INDIAN RIVER COUNTY CODE (b) Owner, description ofparc~l. The owners and description of each parcel of improved real property shall be that designated on the real property assessment tax roll maintained by the property appraiser. (c) Discounts for early payrn'ents. The-discounts for early pay- ment used by the tax collector shall apply also to the disposal charge. (d) Overdue charges to be liens. All annual disposal charges shall be liens against such improved real property as of the first day of January preceding the fiscal year for which the service charge is imposed. (e) Delinquency date. Disposal charges not paid before the de- linquency date for taxes shall be cause for the tax collector to sell a certificate on the property just as if the disposal charge were a tax. All penalties and interest imposed on unpaid taxes will apply. (Ord. No. 87-67, § 9, 12-22-87) Sec. 13-15.30. Disposal charge to governmental agencies, county agencies, and property owner not being taxed. The exemption of property from taxation under Florida Stat- utes, Chapter 196, or any other law or constitutional provision shall not relieve any owner from the provisions of this division or from the imposition by the board of the disposal charge applica- ble to such assessable property. Al1 governmental agencies own- ing property within the district shall pay the appropriate dis- posal charge. When a tax certificate has not been issued or cannot be sold, the board shall have the authority and option to enforce the collection of any delinquent disposal charge in court includ- ing all penalties, costs, and a reasonable attorney's fee. (Ord. No. 87-67, § 10, 12-22-87) Sec. 13-15.31. Omissions and errors in disposal service charge roll; property becoming assessable after Jan- uary 1. (a) When it shall appear that any disposal charge should have been imposed but was not, the board may, by resolution, impose Supp. No. 54 686.6 LAND/':I.EAR. ANCE. ETC. § 13-15.33 the applicable disposal charge for the fiscal year in which such error is discovered, plus the applicable disposal charge for the prior two (2) fiscal years, if appropriate. Such total disposal charges shall become delinquent if not fully paid upon the expiration of sixty (60) days from the date of the adoption of said resolution, and, upon becoming delinquent, shall be subject to the penalties and interest for delinquent disposal charges as provided in this division. Any amount then still owing shall be added 'to the disposal charge for the property for the next fiscal year. Co) The SWDD shall have the authority, at any time, to correct any error in the adoption of any disposal charge roll, or in the implementation of this division. (c) When property which is not assessable on January I be- comes assessable, or when property which was assessable Jan- uary I changes to a higher WGU category, the board and member municipalities may condition the granting of a certificate of oc- cupancy on payment of a disposal charge prorated appropriately. (Ord. No. 87-67, § 11, 12-22-87; Ord. No. 89-25, § 2, 9-12-89) Sec. 13-15.32. Permit requirements for handling of special waste; revocation thereof; fine. (a) Permit required. Each person transporting special waste to the landfill shah be required to obtain a permit from the district to dispose of the material at the landfill. (b) Grounds for revocation of permit; fine for noncompliance. The SWDD may revoke a permit at any time if the person hold~ lng such permit is in violation of any provisions of this division or the conditions of the permit or other county or state law. Any person not in compliance with the permit requirements for han- dling special waste may be charged a fine not to exceed five hundred dollars ($500.00)for each violation. (Ord. No. 87-67, § 12, 12-22-87) Sec. 13-15.33. Other fees, rates and charges. The SWDD shall have the power, at any time by resolution, after a public hearing to adopt rates, fees, and charges for service costs other than those recovered by disposal charge against ac- Supp. No. 57 687 § 13-15.33 INDIAN RIVER COUNTY CODE cessible property. The SWDD also shall have the power to amend Attachments 1 and 2 to this section at any time by resolution after a public hearing. (Ord. No. 87-67, § 13, 12.22-87; Ord. No. 88-32, § 1, 8-23-88) Sec. 13-15.34. Removal of municipalities from district. A municipality may remove itself from the district at any time before January 1 of any year. the removal to be effective begin- ning the subsequent October 1. The removal shall be by action of the governing body pursuant to law. (Ord. No. 87-67, § 14, 12-22-87) Sec. 13-15.35. Prohibited acts. It shall be unlawful and an offense against the county for any unauthorized person to do any of the following: (1) To place, or caused to be placed, any solid waste upon the property of another. (2) To deposit or dispose of any solid waste in or upon any public street, sidewalk, right of way, or alleyway, or any stream, ditch, river, pond, creek, park, or public place in the county, except in places or containers authorized for such purposes. (3) To do any act prohibited or to fail to do any act required by the regulations .affecting solid waste within the county. (4) To remove solid waste or recyclable material from transfer stations or convenience centers. (Ord. No. 87-67, § 15, 12.22-87) ARTICLE Iii. RESERVED* Seca. 13.16-13-24. Reserved. *Editor's note-Ord. No. 90-16, § 2, adoptzd ~ept. 11, 1990, repealed Art. III, §§ 13-16-13-24, which pertained to public nuisances and derived from Ord. No. 87-33, § 1, adopted March 24, 1987. The user's attention is directed to the Code Comparative Table for a detailed analysis of inclusion of Ord. No. 90.16 and also to Ch. 973 of the republication for current provisions pertaining to public nuisances. [The next page is 703] Supp. No. 57 688 City of'Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Compensation for City Clerk as Acting City Manager ROVED FOR SUBMITTAL BY: City Manager: ~6)~/ Agenda No. Dept. Origin Date Submitted 8/6/93 For Agenda Of Exhibits: 8/4/93 Draft Minutes - Page 6 EXPENDITORE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: s~y ~ This item is a carryover from the August 4, 1993 City Council workshop. See minutes attached. No recommendation. RECOmf,EI~PAC~O~ City Council Workshop August 4, 1993 Page Six ROLL CALL: Mayor Powell - nay Mr. Oberbeck - nay Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay MOTION FAILED 2-3 (Powe11, Oberbeck, Freeland - nay) Mr. Oberbeck reiterated his recommendation to appoint the City Clerk. Mayor Powell inquired whether it was appropriate for ~ him to move to appoint the Director of Community Development and the City Attorney advised that he could. MOTION by Damp/Freeland I make a motion that we recommend Kay O'Halloran to run as City Manager in the interim. in response to the City Attorney, as to whether to include additional compensation during time served, Mr. Freeland said that could be addressed at a later time. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye Mayor Powe11 - abstained MOTION CARRIED 3-1 (Corum - nay, Powell - abstained) The City Clerk accepted the position. The City Attorney recommended that the City's special labor counsel, Carson and Linn, be engaged for the investigation and estimated that fees for this service would be in the range of $5,000 to $10,000. MOTION by Oberbeck/Freeland I would move that we engage our special labor counsel to review the charges brought against Mr. McClary. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 6 7/21/93 HONORABLE LONNIE POWELL~ MAYOR CITY OF SEBASTIAN P.O. BOX 780127 SEBASTIAN, FLORIDA 32978 DEAR MAYOR POWELL. I BAVE BEEN AUTHORIZED TO NEGOTIATE ON BEHALF OF THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE FOR THE POSSIBLE EXCHANGE OF OUR PRESENT FACILITIES FOR THE OLD LIBRARY BUILDING. SINCE WE HAVE' OUTGROWN OUR PRESENT FACILITIES, I WOULD APPRECIATE THE OPPORTUNITY TO WORKSHOP WITH THE CITY COUNCIL PURSUANT TO A POSSIBLE PROPERTY EXCHANGE. ' I UNDERSTAND THAT YOUR NEXT WORKSHOP DATE IS WEDS. AUGUST 4. I WOULD APPRECIATE BEING SCHEDULED FOR THAT AGENDA ON BEHALF OF THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE. RICHARD G. GITELES, V.P. FINANCE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE. 9025 U.S. Highway One--Sebastian, Florida 329 58o~c~ (407) 589-7222~ Fax (40 7) Mia Facsimile and U.S. M_ai] 589~5570 SE. N SH dz TOAST. ATTORNEYS AT LAW Robert S. McClary, City Manager City of Sebastian P. O. Box 780127 Sebastian, Florida 32978-017 Re: 930 S. IqLaasoa C~?Y B,~vD. SU~?E 505 MELBOUI~E. i~LO~DA 32~1 (407) F~ (40~) 951-3741 May 13, 1993 E,,~ p,.~,,~o ~ ~,o~,~ Lease/Exchange with Sebastian River'~A~rea Chamber of Commerce Our File No.: 93-9706 Dear Robb: This letter is in furtherance of the discussion we had approximately a week or so ago concerning working with the Sebastian River Area Chamber of Commerce in connection with its desire to relocate its current headquarters to a building previously used as the Teen Center owned by the City. In the course of our discussions, I recommended that the City agree to enter into a long-term lease with the Sebastian River Area Chamber of Commerce in consideration for the Sebastian River Area Chamber of Commerce, Inc. reconveying the real property it currently occupies to the City of Sebastian. In addition, I recommended that the rent charged by the City to the Sebastian River Area Chamber of Commerce reflect the improvements of approximately $50,000.00 which the City of Sebastian would expend to renovate the Teen Center building, plus a reasonable rate of return on such expenditure. Once the expenditure has been recouped, the rent would thereafter be at a nominal rate for so long as the Sebastian River Area Chamber of Commerce occupies the Teen Center. Appropriate restrictions would be placed in the lease for these facilities by the Sebastian River Area Chamber of Commerce in accordance with its mission. I would much prefer the City proceed along these lines to avoid potential for some type of lien or other encumbrance being placed on City-owned real property. From an economic standpoint to the City of Sebastian, the City would be in no worse position making the improvements itself if it would receive a reasonable rate of return on its investment in the form of rent than if the Robert $. McClary, City Manager Re: Teen Center negotiations May 13, 1993 Page 2 City guaranteed the loan in some form or transferral the City- owned property to Sebastian River Area Chamber of Commerce and allowed a lien to be placed against such property. I look forward to receiving your thoughts and direction from you on how you wish for me to proceed in this regard. Very truly yours, FRESE,~ORPY, Charles Ian Nash, City Attorney CIN/bk ! ! City of'Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 1 TELEPHONE (407) ~9-5330 D FAX (407) 589-5570 June 22, 1993 I Mr. Richard Gitiles · Sebastian Area River Chamber of Commerce ~ Sebastian, Florida 32 Via Pax 388-087~ Dear Richard: I This is to confirm our recent meeting to discuss the possible lease of the 1959 City Hall located at the southeast corner of · the intersection of US #1 and Main Street to the Sebastian Area River Chamber of Commerce. The Chamber's existing property is located near the northeast corner of the intersection of US #1 and Main Street. This property was deeded by the City to the Chamber on February 14, 1978. The property transfer was pursuant to an agreement between the City and the Chamber, also dated February 14, 1978. A copy of the special warranty deed and contract is attached for your information. The City and the Chamber are now proposing to enter into an indefinite term lease agreement whereby the City would lease to the Chamber the 1959 City Hall Building. In consideration of the lease, the Chamber would deed to the City the existing property. The elements of the lease would include the following: (1) Term - The lease would be an indefinite term lease and defined in the same terms as the 1978 deed e.g. reverts to City as Chamber of Commerce ceases to exist or after a period of inactivity for six months (see paragraph 3 of 1978 contract). (2) The Chamber would assume payment of any and all taxes (see paragraph (2) (b) (of 1978 Agreement). (3) To occupy the 1959 City Hall Building within 1 year and to vacate the existing building within I year. Further, the Chamber would submit drawings for any renovations within six months. Richard Gitiles June 22, 1993 Page #2 (4) Use of building - To. use the building as a "welcome center" to promote tourism, provide public information to newcomers, and to allow historical displays depicting the history of our community. (5) Insurance - The Chamber would insure the premises with adequate fire and extended coverage including liability insurance (paragraph (2) (d) of 1978 Agreement). The insurance limits would need to be reviewed and'adjusted from time to time. (6) The Chamber would be required to maintain the building in clean condition and good repair and to maintain the water or sewer systems associated with the building (paragraph (2) (e) of 1978 Agreement). (7) Property Liens - The Chamber would not be permitted to encumber the building or property (paragraph (4) of 1978 Agreement). (8) Parking - The City would provide adequate off street parking using the standards of the City Land Development Code. (9) The only remaining question at this time is that of improvements to the premises how they would be paid for. I also must add a disclaimer that in the agreement reached between the Chamber and I is subject to review and ratification by the Sebastian City Council. i shall appreciate your response at your first convenience. Sincerely, Robert S. McClary City Manager RSM/sg City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Sebastian River Area Chamber of Commerce - Use of Riverview Park and Yacht Club "Santa's Bail In" Approved For Submittal By: Agenda No. ~/,..'~.2~e D_~pt. Orig~ City Clerk Date Submitted 7/29/93 For Aqenda Of 8/11,93 Exhibits: Application dated 7/29/93 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARy STATEMENT The City of Sebastian has received a request from the Sebastian River Area Chamber of Commerce for use of the Yacht Club and Riverview park on Friday, December 3, 1993 for an expanded version of the annual "Santa's Sail In". They are planning a lighted flotilla parade on the river to escort "Santa" to the Yacht Club. From there he will be escorted to the park pavilion where he will "hold court". Their plans include food, beverage/ music, and perhaps a chowder cook off. They are requesting approval of an extensive plan for lighting and decorations to be placed in the park and possibly left up until after the Holiday Season. They would supply the decorations. They are inquiring about the possibility of the City public works crew placing lights in the park or gaining permission to do it themselves. They also indicated by phone that they are requesting a waiver of security deposit and rental fees for the Yacht Club and Riverview Park. RECOMMENDED ACTION Move to approve/disapprove the above requests. CHAMBER July 29, 1993 The City Council City of Sebastian 1225 Main Street Sebastian Fl 32958 Dear Council Members: Re: Santa's Sail-In December 3, 1993. Friday The Sebastian River Area Chamber of Commerce would like to reserve the Sebastian Yacht Club and Riverview Park for the afternoon and evening of December 3, 1993, for an expanded version of our annual Santa's Sail-In. We expect Santa Clause to arrive at approximately 6:00 RM. that day. We'd like to have a lighted flotilla parade to escort him to the Yacht Club. From them he will be escorted to the pavilion at the Park, where he will 'hold court" to greet children, hear their Holiday wishes and dispense candy canes or other such trinkets. Our plans include food, beverage and craft booths, and perhaps a chowder cook-off, as well as music and appropriate seasonal entertainment. Our plans are not developed to the point of being able to identify specifics at this point; we need to know we have the City's approval before progressing. Additionally, we need to know what, if any charges, would be levied for this occasion; and, we'd also need to know if the City can and will work with us on a plan to include extensive lighting and decoration in the Park for this event, and whether such outdoor displays could be left up to grace the area until after the Holiday Season. We are not asking the City for such decorations, but rather for permission to put them up and leave them for an extended period. 1302 U,S. #1 · SEBASTIAN, FLORIDA 32958 PHONE (407) 589-5969 A second part of the inquiry/request pertains to having the park lighted to accommodate an evening event such as this. Does the City have that capability? If so, will you work with us in that regard? If not, can we gain permission to do it ourselves? We are very excited about expanding Santa's appearance! It has always been a happy and popular event for this community and we'd like to see it expanded to the Park with ample opportunity for the whole family to participate and enjoy the evening! We realize this kind of event will require the support and assistance of the City, and hope and trust you'll be able to grant us the permission required. Thank you for your anticipated cooperation. .~~er.ely,, Virginia King Executive Director Chairman, Santa's Sail-In COHPUTER $22.131 - $27.435 The City of Sebastian is accepting applications for ~he position of Full-Time Computer Operator in the Finance Department. until 4:30 p.m., Friday, July 23, 1993. Must be able to monitor and operate computer console and peripheral equipment and to perform multiple accounting applications and reconciliations. Must have knowledge of Lotus 1-2-3, Wordperfect, DOS, Windows, Graphics and database software. Applications are available in the office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 Press Journal: Equal Opportunity Employer COMPUTER OPERATOR MAJOR FUNCTION Entr~-leveI technical work in operation and care of electroni. data processing equipment. Monitors and operates computer console and peripheral equipment. Keeps pa~roli records, p=epares pagroll and ~aw~oli tax forms. ILLUSTRATIVE DUTIES Operates on-line and support hardware equipment; loads, compiles, replaces, and updates programs; gathers data; maintains operating records. Monitors equipment to correct and detect error conditions; cleans, does minor maintenance and adjustments on same. MINIMUM QUALIFICATIONS F~owledge, Abilities and Skills: Knowledge of operation, adjust- ment and care of standard EDP equipment. Skill in use of ~ompuCer equipment. F~owledge of Bookkeeping. Abilic~ ~o understand and carr~ ouC oral and written instructions. Training and Experience: High school or Graduate experience in data processing and bookkeeping. I I I ! I