Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02281990
City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 28, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED 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 - Reverend John Hill, Sebastian United Methodist Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 90.054 PROCLAMATIONS AND/OR ANNOUNCEMENTS PUBLIC HEARING, FINAL ACTION PUBLIC INPUT Non-Agenda Items George Schum - Sebastian Highlands Property Owners Association - Request for Free Use of Council Chambers - Monthly Meetings (City Manager Recommendation dated 2/15/90, City Manager Letter dated 2/16/90, Final Order) B. Agenda Items 1 90.055 90.056 90.057 90.058 90.059 89.156 10. 11. CONSENT AGENDA Approval of Minutes - 2/7/90 Workshop, 2/14/90 Regular Meeting, 2/21/90 Special Meeting Request for Community Center - Raya/Sa~gabviel Wedding - Permittee/Virginia Gonzalez - 3/24/90 - 5 p.m. to 11 p.m. - A/B - DOB 9/28/51 - Security Paid PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. PARKS AND RECREATION COMMITTEE Appoint William T. Rogers - Regular Member - Unexpired Term to 6/91 (Memo from P & R dated 2/7/90, Memo from Detective Render dated 1/4/90, Application) Request to Restore Committee to Seven Members and One Alternate (Memo from P & R dated 2/7/90, P & R Minutes 1/30/90) B. PLANNING AND ZONING COMMISSION Report on Accessory Buildings (Staff Recommendation dated 2/22/90, P & Z Minutes dated 2/15/90) C. CODE ENFORCEMENT BOARD Reappoint Damian Gilliams to Realtor Position - Three Year Term - 3/90 - 3/93 - (Staff Rscommendation dated 2/22/90, Letter from Gilliams dated 2/8/90) 12. OLD BUSINESS 13. NEW BUSINESS ORDINANCE NO. 0-90-01 - Contractor Licensing/ Disciplinary Action (2nd Draft) FIRST READING, SET PUBLIC HEARING 3/28/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-93 PERTAINING TO THE JURISDICTION OF THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-91 TO PROVIDE FOR ADDITIONAL 89.226 90.060 88.193 14. 15. DEFINITIONS; AMENDING SECTION 7-92 TO PROVIDE FOR PROCEDURES FOR REMOVAL OF MEMBERS OF THE CONSTRUCTION BOARD; AMENDING SECTION 7-92.1 TO PROVIDE FOR INVESTIGATORS TO ASSIST IN THE ENFORCEMENT OF ARTICLE VII; AMENDING SECTION 7-92.2 PERTAINING TO THE POWER OF THE SEBASTIAN CONSTRUCTION BOARD TO REVIEW VIOLATIONS OF ARTICLE VII; AMENDING SECTION 7-98 PERTAINING TO PUBLIC ACCESS TO RECORDS; A~NDING SECTION 7-99 PERTAINING TO CERTAIN PROHIBITED ACTIVITIES; AMENDING SECTION 7-100 PERTAINING TO REVOCATION OR SUSPENSION OF CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101 PERTAINING TO THE APPLICATION OF ARTICLE VII TO OTHER MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102 PERTAINING TO EXEMPTIONS FROM ARTICLE VII; AMENDING SECTION 7-103 PERTAINING TO REFERENCES TO THE BUILDING OFFICIAL; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE REQUIRING OF PAYMENT AND PERFORMANCE BONDS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS; PROVIDING THAT THE ORDINANCE iS SUPPLEMENTAL: PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Amend Mosby Contract to Expand Main Street Realignment Pro3ect (City Manager Recommendation dated 2/22/90, Mosby Proposal dated 2/21/90) Consider Waiver of BiddinG Procedures to Donate Two Used Police Cars to Indian River County Community Justice Training Center (City Manager Recommendation dated 2/22/90, Review City Manager Recommendation to Terminate Contract with Stottler, Stagg and Associates (City Manager Recommendation dated 2/22/90, City Manager Letters dated 2/22/90, 1/26/90, 2/6/90, Stottler Stagg Letter dated 2/7/90) MAYOR'S MATTERS COUNCIL MATTERS Vice Mayor McCarthy Councilman McCollum C. Councilman Oberbeck D. Councilman Rondeau 3 90.061 16. CITY ATTORNEY MATTERS A. RESOLUTION NO. R-90-12 - City Attorney Contract (City Manager Recommendation dated 2/15/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTURAL SERVICE AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSE OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION OF THE EXISTING CONTRACTURAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES iAN NASH; PROVIDING FOR CHARLES IAN NASH TO UTILIZE THE SERVICES OF OTHER PROFESSIONAL STAFF MEMBERS OF HIS LAW FIRM IN PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 89.157 B. 89.157 C. 17. Request for Reimbursement of Attorney's Fees - George Metcalf (Letter from City Attorney dated 2/2/90) Request for Reimbursement of Attorney's Fees - Dorothy Doucet f/k/a Dorothy McKinley (Letter from City Attorney dated 2/2/90, Letter from City Attorney to Attorney Long dated 2/2/90, Letter from City Attorney dated 1/2/90) CITY MANAGER MATTERS 90.062 A. Report on Bid Results on Public Works Projects (Staff Recommendation dated 2/22/90) 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.) DOCUMENT LIST The following is a list of backup materials for each item in the agenda packet and notation for those agenda items with no backup. 8. PUBLIC INPUT 90.054 A. Non-Agenda Items George Schum - Sebastian Highlands ~ Owners Association L Request for Free Use of Council Chambers - Monthly Meetings 1. City Manager Recommendation dated 2/15/90 2. City Manager Letter dated 2/16/90 3. Final Order 9. 'CONSENT AGENDA Approval of Minutes 1. 2/7/90 Workshop 2. 2/14/90 Regular Meeting 3. 2/21/90 Special Meeting Council & Manager Only - Attachments on Original Only 90.055 ~uest for Community Center - Raya/Sangabviel Weddin_~ - Permittee/Vir~inia Gonzalez - 3/24/90 - 5 p.m. to 11R.m. - A/B - DOB 9/28/51 - Security Paid 1. Application 10. COMMITTEE REPORTS A. PARKS AND RECREATION COMMITTEE 90.056 Appoint William T. Rogers - Regular Member - Unexpired Term to 6/91 1. Memo from P & R dated 2/7/90 2. Memo from Detective Render dated 1/4/90 3. Memo from Der. Render dated 1/4/90 4. Application 90.057 Request to Restore Committee to Seven Members and One Alternate 1. Memo from P & R dated 2/7/90 2. Page P & R Minutes 1/30/90 3. Pages City Council Minutes 8/21/87 B. PLANNING AND ZONING COMMISSION 90.O58 Report on Accessory Buildings 1. Staff Recommendation dated 2/22/90 2. Pages P & Z Minutes dated 2/15/90 90.059 C. CODE ENFORCEMENT BOARD 89.156 89.226 90.060 88.193 90.061 89.157 89.157 90.062 13. Reappoint Damian Gilliams to Realtor Position - Three Year Term - 3/90 - 3/93 1. Staff Recommendation dated 2/22/90 2. Letter from Gilliams dated 2/8/90 3. Memo from Lt. Puscher dated 4/20/89 4. ADplication NEW BUSINESS A. ORDINANCE NO. 0-90-01 - Contractor Licens~n.g/ Disciplinary Action (2nd Draft) 1. O-90-01 Amend Mosby Contract to ~ Main Street Realignment Project 1. City Manager Recommendation dated 2/22/90 2. Mosby Proposal dated 2/21/90 Consider Waiver of Bidding Procedures to Donate Two Used Police Cars to Indian River ~ Community Justice Training Center 1. City Manager Recommendation dated 2/22/90 Review City Manager Recommendation to Terminate Contract with Stottler, Stagg and Associates 1. City Manager Recommendation dated 2/22/90 2. City Manager Letter dated 2/22/90 3. City Manager Letter dated 1/26/90 4. City Manager Letter dated 2/6/90 5. Stottler Stagg Letter dated 2/7/90 16. CITY ATTORNEY MATTERS RESOLUTION NO. R-90-12 - City Attorney Contract 1. City Manager Recommendation dated 2/15/90 Request for Reimbursement of Attorney's Fees - George Metcalf 1. Letter from City Attorney dated 2/2/90 Request for Reimbursement of Attorneys Fees ~ Dorothy Doucet f/k/a Dorothy McKinley 1. Letter from City Attorney dated 2/2/90 2. Letter from City Attorney to Attorney Long dated 2/2/90 3. Letter from City Attorney dated 1/2/90 17. CITY MANAGER MATTERS Report on Bid Results on Public Works Projects 1. Staff Recommendation dated 2/22/90 2 The following is a list of actions taken at the February 28, 1990 Regular Meeting. 90.054 - Sebastian Highlands Property Owners' Association given free use of Council Chambers on 1st Monday of each month on temporary basis - will pick up key to restrooms and chambers that day - may use sound system only - letter to them - copy to file - file 90 city hall complex - e 2/7/90, 2/14/90 and 2/21/90 minutes approved - have signed sealed - place in book, ~O 90.055- Community Center-R~ya/S~ngab~iel Wedding - A/B approved -letter to them 90.056 - P & R - William T. Rogers appointed - letter to him - memo to Parks & Rec - copy to file - update comm.lis in computer - file 90 boards 90.057 - P & R request to restore committee to seven members one alternate deferred to time when more applications are received to fill additional positions - memo to P & R - copy to file - file 90 boards 90.058 - Accessory buildings - staff continue review process and work with P & Z to amend ordinance - no time certain 90.059 - Code Enforcement Board - Damlam Gilliams reappointed Realtor position - 3 yr term - 3/90 - 3/93 - letter to him - minutes to Code Enforcement - copy to file - update comm.lis in computer - file 90 boards 89.156 - Ord No 0-90-01 - 1st reading - ph set for 3/38/90 - advertise 3/14/90 legal ads - done 89.226 - Mosby contract - Main Street Realignment design amended - (Charlie is reviewing original and amendment) - when returned approved - copy and have original and copy signed by Mayor - send copy with cover letter to Randy Mosby - file 90 Main Street Realignment - Robb will contact Julian construction re: contract amendment 10. Manager to report on source of funds for balance of estimated construction cost - 3/14/90 11. 90.060 - Waive bidding procedure to donate 2 used police cars to IRC Community Justice Training Center after receipt of new vehicles - (find out who will do letter) - minutes to P.D., Finance and file 12. 88.193 - Stottler, Stagg contract terminated - ask Robb who will write to them 13. 90.061 - R-90-12 - City Attorney Contract - not addressed - time ran out - carried to 3/7/90 special meeting agenda by Mayor CARL R. JULIAN March 1, ~990 Robb McClary, City Manager City of Sebastian P.O. Box 780-127 Sebastian, Florida 32978-127 7401 Conroy-Wmdem',era Road Suite A Orlando, Florida 32811 (305) 298-17t5 Re: Extension of Gibson Street and re-alignment of Main Street. Dear Mr. McClary: Pursuant to the telephone conversation between Mr. Feeney and yourself of February 28, 1990, ! have prepared the following letter as you requested. Essentially, our existing agreements would remain effective, with the following modifications: a) I would agree, under the terms and conditions of our existing agreement for re-aligning Main Street, to pay up to a total of Thirty Five Thousand Dollars ($35,000.00) for the design and construction of Gibson Street to the north boundary of the City's property. This change is from my earlier agreement to pay up to Twenty Five Thousand Dollars ($25,000.00), based on estimates provided to you by private engineers employed by the City. b) As we discussed, an amendment of our existing agreement to re~align Main Street will be necessary. This amendment will include my agreement that the re-alignment of Main Street will include legal descriptions which are somewhat altered from the original lega! descriptions that were agreed to by all the parties. The reason for these alterations is the transformer which is located in the right-of-way for Main Street. c) The above agreements are made based on an understanding that the costs of constructing Main Street may exceed One Hundred Thousand Dollars ($100,000.00) originally anticipated. The City of Sebastian will agree to pay any costs of design or construction that exceed One Hundred Thousand Dollars ($100,000.00). Please contact me if the terms of this letter are not in accordance with your request to Mr. Feeney. Thank you for attending to this matter. Very truly yours, Carl R. Ju~ CRJ/ka Please call Mr. Julian as soon aa this ,:18 received ~f their needs Lo be any further dtcussion on lhi8 matter-. * .+..+: E H [) .* :...+ City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Sebastian Highlands Property Owners Association Approved For Submittal By: Agenda No. Dept. Origin: City Manager Date Submitted: 02/15/90 For Agenda Of: 02/28/90 Exhibits: City Manager Letter dated 2/16/90 to George Schum - Florida Land Sales Division Order 81-77 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 8UMF, ARY STATEMENT The Sebastian Highlands Property Owners Association has requested the use of the City Council Chambers on a regular basis for their monthly membership meeting. Currently the association is meeting in the Yacht Club but feel that a larger meeting room would be more appropriate. They do not wish to use the Community Center because of a conflict with the Sebastian civic Association's weekly bingo and both parties meet on Monday evenings. RECOMMENDED ACTION Deny request of Sebastian Highlands Property Owners Association for free regular use of City Council Chambers. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 February 16, 1990 Mr. George V. Schum 750 Layport Drive Sebastian, Florida 32958 Re: Sebastian Highlands Property Owners Association's request to use City Council Chambers Dear George: This is in response to our meeting of February 13, 1990 to review your request in behalf of the Sebastian Highlands Property Owners Association to use the City Council Chambers for your monthly meeting. The property owners association is presently meeting in the Yacht Club the first Monday of each month except for July and August. Additionally, the Sebastian Highlands Property Owners Association Board of Directors meets the second Monday of each month at the Yacht Club. You stated that the property owners association has outgrown the Yacht Club and that meetings are frequently attended by over 100 people. The capacity of the Yacht Club is 54 people if tables are used or 116 people if tables are not used. Further, you stated that the Property Owners Association cannot use the Community Center due to the Monday use by the Sebastian Civic Association for bingo. I understand the board meetings would continue at the Yacht Club. Therefore, in summary, your request is to use the City Council Chambers at no charge on the first Monday of each month (except for July and August) for your monthly membership meetings. It has been the City's policy to permit the use of the City Council Chambers only by other public agencies. The one exception has been the candidate's night sponsored by the Sebastian Highlands Property Owners Association. The city granted this request since this forum was open to the public and directly related to the City government. George V. Schum February 16, 1990 Page #2 In researching this matter, I find that the free use of the Yacht Club by the property owners was a part of an agreement reached on August 1, 1977 and enumerated in a final order issued by the Division of Florida Land Sales and Condominiums. In part, this order states: ,,The City of Sebastian agrees to allow the Sebastian Highlands Property Owners the continued uss of the club facilities in the manner already established by tho owners so that their activities will not be interrupted in any way. In addition, during the times in which the recreational facility is not in use by the lot owners, the facility shall be opened to all other citizens of the City of Sebastian.,, I find nothing in this order or elsewhere which would suggest that this free use should be extended to other properties owned by the City. A copy of the order is enclosed. I recognize that the Sebastian Highlands Property Owners Association is a private organization which restricts its membership to property owners of the Sebastian Highlands and that many of the objectives and goals of association complement those of the City. However, I have serious concerns about permitting the use of the City Council Chambers by private organizations. The City's two (2) community facilities are currently under utilized and many dates are available to accommodate renters. While there is a conflict on Monday bingo and the monthly homeowners association perhaps one of the groups would consider changing its meeting date so both groups could meet in the Community Center. I would not recommend that the City council begin utilizing the City Council Chambers as a community meeting center at this time. Sincerely, Robert . McClary City Manager RSM/jmt Enclosure STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS SEBASTIAN HIGHLANDS GENERAL DEVELOPMENT CORPORATION MATERIAL CHANGE ~204 SEBASTIAN HIGHLANDS YACHT CLUB TRANSFER OF OWNERSHIP FINAL ORDER Pursuant to a request for approval of a material ~hange submitted to the Division of Florida Land Sales and Condominiums (hereinafter referred to as "Division"), by General Development Corporation (hereinafter referred to as "GDC"), affecting property to which the Sebastian Highlands Property Owners Association (hereinafter referred to as "Association"), has certain rights, the Division, having determined that a viable solution has been reached between the parties described above, hereby enters into the following stipu- lation and order: This material change involves a controversy which has arisen between General Development and certain' property owners of Sebastian Highlands as to the rights of ownership and use of the Sebastian Highlands Yacht Club facility which comprises a club house, a docking facility and a launching ramp. Some of the property owners contended that GDC promised exclusive, life-time use of said facilities as an inducement to purchase. GDC contended that it never intended to perpetually support the Yacht Club facilities. In an effort' to determine the facts, the Division has conducted several inquiries including attendance at property owners association meetings by Division investigators, conferences with the elected Representatives from the 48th District, conferences with the staff of GDC, and a review of the Offering Statement and approved advertising of the registrant, GDC. It was found that the Offering Statement did not indicate that exclusive, life-time Page 1 of 4 use would be afforded the purchaser. Although the Division fOUnd one approved advertising brochure which referred to exclusive use, there was no indication in the Oivision files that any advertising was approved by the Division~which would indicate that GDC would provide for perpetual maintenance of the Yacht Club facilities. Some advertising was presented by the Association which indicated exclusive life-time use, how- ever, this material was used in the late 50's and early 60's before the Division came into existence and was, therefore, beyond Division jurisdiction. Several alternatives ~ere considered', including turning the club facilities over to the City, turning the facilities over to an incorporated Home Owners Association, and the formation of a taxing district. In a meeting of the Sebastian City Council, the City of Sebastian agreed to accept both ownership and maintenance of the Yacht Club facilities with the approval of the Division. Over the past three years, the club facilities have.fallen into disrepair. The launching ramp has several pot holes in it and the docking facilities are now totally unusable. As a result of two meetings held at the Division offices be*tween the Association, GDC, the Mayor of the City of Sebastian and the Division, a solution was worked out which is acceptable to all parties. On April 4, 1977, the Association met and voted to allow GDC to turn the club facilities over to the City of Sebastian. The City of Sebastian is willing to accept the club facilities. GDC is willing to convey these facilities to the City of Sebastian. In accordance therewith, the Division hereby formally approves this material change subject to the following conditions~ 1. GDC will convey the said property, upon which the docking facility, launching ramp and recreational building are situated, to the City of Sebastian. Page 2 of 4 2. The City of Sebastian agrees to allow the Sebastian Highlands Property Owners the continued use of the club facilities in the manner already established by the owners so that their activities will not be interrupted in any way. In addition, during the times in which the recreational facility is not in use by the lot owners, the facility shall be opened to all other citizens of the City of Sebastian. 3. The City of Sebastian will effec~ the necessary repairs to the launching ramp and the club house and will maintain said facilities in go6d repair at all' times. 4. GDC agrees to provide one-third of the cost of resurrecting the subject docking facility. The city of Sebas- tian agrees to provide the remaining two-thirds of the cost in the manner described below. 5. Should the city be provided a grant, from any source whatsoever, to resurrect said docking facility, the contribution from GDC to offset whatever cost remains shall be determined between the City of Sebastian and GDC. However, said amount shall not exceed $4,430.83, and if the total cost of reconstruction is less than the total bid amount, then GDC would be refunded the unused portion of its one-third con- tribution., 6. Pursuant to a recognized bid for the replacement of the dock totalling $13,292.49, GDC will issue a check in the amount of $4,430.83 to the City of Sebastian, who will place said amount in an interest bearing escrow account, said amount being one-third of the suggested cost bid. This account. shall remain active until such time as the City of Sebastian determines that it can financially bear the burden of resurrect- ing said docking facilities, in accordance with the provisions o£ this Order, at which time the funds will be released to the City of Sebastian for the purpose of reconstructing the dock facility. 7. A resolution adopted by the City of Sebastian in March, 1976 to provide for GDC's conveyance of the Yacht Club Page 3 of 4 property to the City and to provide for the City's subsequent operation and mainten~ce of said facilities is hereby approved by the Division of Florida Land Sales and Condomin.~i~s. 8. The Division hereby gives its permission to GDC to execute the release to the Army Corps of Engineers so that the Corps may remove what remains of the old docking facility, pursuant to the Division letter of April 22, 1977. DONE AND ORDE~D, the above stipulations have been agreed upon the parties concerned, the material change is here- ;by approved pursuant to Chapte~ 478, Florida S~atutes, on this AS TO: SEBASTIAN HIGHLANDS PROPERTY OWNERS ASSOCIATION &/? Carl F. S~h~nt Duly Authorized AS TO: CITY OF SEBASTIAN Eugeh~ C~r~, Mayor Duly Authorized AS TO: GENERAL DEVELOPMENT CORPORATION {Attorney ~[94r General Development Corporation) Duly Autho~:fi[zed Page 4 of 4 /g' o CYTY OF SEBASTIAN RENTAL PERMIT APPLICATION Number of Persons constitut~ng group or organization: / ¢~ Time of Day: From To Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverages be served? (a) If answer to ~5 is yes - permittee's proof of age (b) If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on Amo.nt of Rent.1 / '-- 7% Tax: Security Deposit. ~, 'h'~ Name of Permtttee: . ~t Address of Permtttee: -. .... _~ Make checks p~yeble to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY ~ERK'S OFFICE Security ~$Fosit paid on__. 2/1G/¢¢ (date) in the amou,-,t of initial ~-~_ Rental Fee paid on (date) in the amount of by Check ~ or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on in the (date). Amount kept for damages (if applicable). City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E M 0 TO: THROUGH: FROM: THROUGH: SUBJECT: DATE: City Council Robb McClary, City Manager Eunice Mercier, Parks & Recreation Secretar~'0'~ Kathryn M. O'Halloran, City Clerk ~cce~ of William__ J. Rogers as Regular Member of P & R Committee February 7, 1990 The Parks and Recreation Committee, at their Regular Meeting on January 30, 1990, approved the following motion: ACCEPT WILLIAM J. ROGERS AS A REGULAR MEMBER ON THE PARKS AND RECREATION COMMITTEE. Chairwoman Irene Traficente noted that Mr. Rogers would be filling the balance of Lonnie Powell's terms of two (2) years, until June, 1991. This motion was approved unanimously; and the committee respectfully requests that you bring this motion to the City Council for their approval. Thank you. elm SEBASTIAN POLICE DEPARTMENT MEMO Date : ?o : From : Subject : January 4, 1990 Kathryn M. O'Halloran, City Clerk Detective Willie Render~/~ Background Investigation. for member of Parks & Recreation Dept. Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 Background Investigation on: William T. Rogers 408 Ponoka Street, PX #388-2331 Sebastian, Fl. 32958 On 11/27/89 at 1500 hours I spoke to a George Schumwho stated that he has known Bill Rogers for about 2 .years. He said that Mr. Rogers was a very pleasant person and got along ~11 with others. He stated also that Bill was a member of the Friends of Sebastian River who's objective is to clean up the Sebastian River. On 11/27/89 at 1515 hours I spoke to Richard Votopka who stated that Bill Rogers ~uld be a well qualified person for the board. He stated that as far as he knew Bill got along very ~11 with other people. William T. Rogers is a graduate of Uniondale High School, Uniondale, New York, 1976. He has also attended Island Profiting & Technical Institute,~ Amityville,.NewYork, 1977 - 1978. NCIC/FCIC checked negative. WR/jh f CITY OF SEBASTIAN APPLICATION FOR ~ APPOI~ Board Applied For: Date of Birth= sex= Note: Each question must be completely answered. If additional space is required, please attach additional sheet(s) and clearly identify the question to which you are responding. List all residential addresses with your present chronological order. telephone number. for the past ten years, beginning ad~ress and working back in reverse Please include your present residential Present Street Address= Present Mailing Address (if different): Street Address: s Telephone: Street Addr%ss: Street Address: Are you a registered voter in the City of Sebastian? Are you a registered voter in Indian River County? Education ~igh School= bluiOiOPAL6 14. ~, Address: ~lOl.O I~1) ~tE ~j.~l'." " Date of GradUation: '" I~ ,' '" College/University: I%L~iUp [::~RF'/'//b& ~.k/l~ T'E..¢h/m/(~[ /~T/7~T~' Add res s: A m l l~Vt L t~ D ...~ Major: D~AFTi~ Dates Attended: Degree Received: ....... College/University: Address: Major: Degree ~ec~ived: College/University: Address: Major: Degree Received: Dates Attended: Dates Attended: Employment List all employment activity for the past ten years, beginning with' your present position and working back in reverse chronological order. Please include the telephone number where you can be contacted during-business hours. Present occupation: AiDeO Mailing Address: ~LM T4'A.W F~ ........ Date of ~mlo~ent: ~C ~9 ~ .... Phone: occupation: 8~.. Employer: H O~.~'¥bJ~&~, Mailing Address. O S I ~ C t~ ~ ~ ~T~ P ~. ' ..... Dates of ~plo~en~: ' ~ "' . "' Occupation: Employer: Mailing Address: Date of Employment: Phone: Describe in detail all of your business or military experience which you believe is particularly applicable to the position you are seeking. Please lis= all professional licenses which you hold (con=factor, accoun=an=, e~c. ) ' Name of License: O~ER~TO~ 0/: U~/I~J~'~I~Y)~~U&~ Issuing Authority: %;. ~il ~,. (~. ............ Date of Issuance: ~ Date ~f EXpiration:' ~ 94 Name of License: Issuing Authority?--- Date of Issuance: Date of Expiration:' Please list the names of.all relatives who are presently employed by the City of Sebastian, serving on an appointed Board of the City of Sebastian; or who are Members of the City Council. Have you ever involving theft or dishonesty? If yes, please indicate charge, of adjudication, and sentence. been convicted of a felony or a misdemeanor name of adjudicating court, date References Please identify two your reputation in the community. Street Address: S~" ~,~,' &a~C~' ..S Fi . ~~T~i~ Mailing Address (if different): Residence Telephone: 'B~sihess Telephone:' ' Street Address: ~ ~"~, ~Y~O~.T OR ' "' Mailing Address (if different): Residence Telephone: Business Telephone: persons who can provide information as to In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, other than present or past employers, who can provide information concerning you= reputation in.the business community. ' Name: Street Address: Mailing Address "i'if different): Business Telephone: Name: Street Address: Mailing Address (if diffeke~t): Residence Telephone: Business Telephone: Please provide a brief statement as to why you are seeking this appointment. ' e ui" o ume.:N Co Yu~ vv~ ~ ¢,,4 I'~'"'4', ......... ' i acknowledge that I have read the relevant sections of the Constitution and Laws of the State of Florida pertaining to the general qualifications for and responsibilities of a public official, including the following specific provisions: Florida Constitution Article II, Section 5a - Dual Office Holding Article II, Section 8 - Code of Ethics Article VI, Section 4 - Disqualification for Felony Conviction .4 Florida Statutes (1987) Section 116.111 - Nepotism Section 112.311 - Legislative Intent and Declaration of Policy Concerning Code of Ethics Section 112.312 - Definitions Concerning Code of Ethics Section 112.313 - Standards of Conduct for Public Officers and Employees of Agencies Section 112.3141 - Additional Standards of Conduct for Public Officers Section 112.3143 - Voting Conflicts Section 112.3144 - Full and Public Disclosure of Financial Interests Section 112.3145 - Disclosure of Financial Interests and Clients Represented Before Agencies Section 112.3146 - Public Records Section 112.3147 - Forms Section 112.3151 - Extensions of Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting Requirements During Meetings of Public Bodies I hereby certify that I am qualified to hold the ~osition for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the city Council of the City of Sebastian may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, 4 incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal- board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicted or informed against for the commission of any felony or misdemeanor. SWORN TO AND SUBSCRiBED before -me this ./~ day of ~/,u~~ .... , 19~ .. Notary~Pub/ic, State of Florida My Commission Expires: I~ofary Public, ~tafe of FTor~ct My Commission Expires D~c. 1 O, 199~ Be~ed rl~ru Troy F~n . Insurance Inc. 5 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-$570 M ~ M O TO: THROUGH: FROM: THROUGH: SUBJECT: DATE: ~City Council Robb McClary, City Manager Eunice Mercier, Parks & Recreation Secretary Kathryn M. O'Halloran, City Clerk ~.0'~ Request to Restore P & R Committee to Seven Members and One Alternate February 7, 1990 The Parks and Recreation Committee, at their Regular Meeting on January 30, 1990, approved the following motion: REQUEST THE CITY COUNCIL TO RESTORE THE PARKS AND RECREATION'S COMMITTEE TO SEVEN (7) REGULAR MEMBERS AND ONE (1) ALTERNATE. This motion was approved unanimously; and the committee respectfully requests that you bring this motion to the City Council for their approval. Thank you. elm Traficante directed a follow-up on this by the secretary. (Note: Item g unintentionally skipped at this point; returned to later in the meeting.) h) Number of Committee Member Limitations Mrs. Traficante indicated she had received a list of all committees from the secretary as requested. She said %hat previously P & R had eleven members on this committee; then through resignations and other cuts by council, the membership was eventually restricted to 7 and 1 (8/12/87 Council Meeting, Mr. McCarthy's and Metcalf's motion); and then 5 and 1, once we dropped to that figure. Chairman Traficante stated that previously all other city committees had seven (7) members and one (1) alternate. Presently there are four 4) members on the board; we have applications for both openings. Mrs. Traficante reported that we had a request for applicants for this committee since November. This was not acted upon until the investigative reports were in this month. Therefore, we could not do anything for two (2) months to get additional committee members. She further questioned the necessity of the city's new policy to first have the applicants' background checked before the committees' recommendations - due to the time and cost involved. Mrs. Traficante then asked the committee to decide if they wished to request the City Council to return our status to 7 plus 1 due to work, other conflicting meetings, etc. MOTION by George Schum to request the City Council increase our committee to 7 members plus 1 alternate was not seconded at this point. Mr. Dory stated that he could not understand why the Council would not want seven and i members when it does not cost the city anything. MENDED MOTION by GS/GD .;: REQUEST THE CITY COUNCIL TO RESTORE THE PARKS AND RECREATIONS COMMITTEE TO SEVEN (7) REGULAR MEMBERS AND ONE (1) ALTERNATE. Roll Call: Irene Traficante George Schum Eugene Dory Ail in favor; motion carries. i) Teen Center Status (Mr. O'Neill) To be placed on next month's agenda, as Mr. O'Neill not present. Pelican Island School Playground Status (Mr. O'Neill) 3 .190 Councilman McCarthy questioned the Building Official taking instruction from a Councilman. Mayor Harris said he had received complaints from the Union regarding the Police Station and had asked the Building Official to look into the matter. Vice Mayor Roth said it is not the jurisdiction of the Council to go to department heads with problems but to go to the Mayor. The Finance Director said the funds could be obtained by making a budget amendment since several departments are coming in under budget, for 1986/87. Vice Mayor Roth requested that the Building Official bring specs to the Budget workshop. MOTION amended by Vallone/Metcalf I amend the motion to include "not to exceed $3500". ROLL CALL: (on amendment) Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED ROLL CALL: (on motion) Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED me Recommendation - Change Parks and ~ Mayor Harris said he felt five regular and one alternate was an adequate amount of members. MOTION by McCarthy/Metcalf I move we take advisement of Parks and Recreation Committee to leave membership at seven regular and one alternate at this time. MOTION amended by McCarthy/Metcalf I amend the motion to include "at such time as Parks and Recreation Committee membership is reduced to five regular and one alternate through attrition it will stay at that amount". ROLL CALL: (on amendment) Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED ROLL CALL: (on motion) Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED Vice Mayor Roth said he had presented the City of Sebastian Master Thoroughfare Plan to the Indian River County Transportation Committee and they will look at it further at their next monthly meeting. Councilman Metcalf requested that the City Clerk put the monthly Code Enforcement report on the reading board. 9. PUBLIC INPUT ON AGENDA ITEMS Mayor Harris opened the Public Input at 7:51 P.M. Fred Mensing suggested that the Sebastian River Area Historical Society house their museum in concrete so fire will not destroy their priceless treasures. Mayor Harris closed the Public Input at 7:53 P.M. RESOLUTION NO. R~87-48 - Abandonment of Easement - Lots 2 & 3, Block 106, Unit 2, SH Be RESOLUTION NO. R-87-49 - Abandonment of Easement - Lots 15 & 16, Block 93, Unit 2, SH RESOLUTION NO. R-87-50 - Abandonment of Easement - Lot 20, Block 441, Unit 17, SH City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 .TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Report on Accessory Buildings Approved For Submittal By: City Manager ) Agenda No: ) ) Dept. Origin: ~ Development~ ) ) Date Submitted: 2/22/90 ) ) For Agenda Of: 2/28/90 ) ) Exhibits: P & Z Minutes 2/13/90 ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Planning and Zoning Commission is currently reviewing a proposed amendment to the Land Development Code to restrict the size of accessory buildings. The Planning and Zoning Commission approved the following motion at their February 15, 1990 meeting; "To recommend to City Council that all accessory structures come before the Planning and Zoning Commission until the codes can be reviewed and revised". RECOMMENDED ACTION Staff recommends that City Council place this item on the March 7, 1990 Workshop agenda for discussion. PLANNING AN[) Z(.)NING COMMISSION REGLLAR MEETING MINUTES FEBRUARY 15, 1990 CHAIRMAN CALLED THE MEETING TC) ORDER AT 7:00 P.M' PRESENT~; FULLERTON, TAYLOR, KILKELLY, WADSWORTH, MAHONEY, 1HOMPSON, YRUL. IKOWSKI, L_INDSEY, ALTERNATE AND SHROYER, AL T'ERNA'TE. AE;'C, ENT: NONE A_.SO PRESENT: BRLiCE COOF'ER, PETER JONES, LINDA KINCHEN ANNOUNCEMENTS; MR. THOMPSON REQUESTS TO HAVE AN EXCUSED ABSENCE FOR THE MARCH l, 1990 MEETING HE WILL BE OUT OF TOWN, APPROVE MINUTES; FEBRUARY 1, 1990 MR. WADSWORTH MADE A MOTION TO APPROVE THE MINUTES AS PRESENTED SECOND BY MRS. TAYLOR PASSED UNANIMOUSLY. HOME OCCI. IPAT]ONAL LICENSE - CARRANO INVESTIGATIONS 358 FLEMING STREET JO,SEPtt CARRANO FIE %lATES HIS OFFICE IS IN PALM BAY AND HE DOES NOT WORK OUT OF I-lIS HOME. l'ttF RF. AS()N FIE IS BEFORE THE BOARD IS BECAUSE CODE ENFORCEMENT · SENT HIM h LETTER AFTER HIS WIFE MISTAKENLY PUT THE HOME A[~f)RE"!;S C)IJ HI!':; INhIAN RIVER COI_INTY LICENSE. HE STATE."':, fie WILL HAVE 'TttE ADDRESS CHANGED ON THE LICENSE SO 'THA'T NC)['r,~(-~Bl..Ff-1 EXI.S'TS AND IHEN HE WILL NOT NEED A CITY OF r],FP, A:,I ]Ali tt(')f'IF (.)C (._ I_IF"A't ][tNAI L'IC_FN.":.;E. ii W .. A,')f~'FP.[. IHAI-PlP. (]ARPANC)t. IH[}ER THESE CIRCI_IMSTANCES DOES NO1 I'.JEF[~ A tK)f'tE (.~C:(_:!_IF'AIIONAL I. ICENSE AND THAT HIS FEES SHOULD BE: REFI..ltJflE.I. A M(]I'I(..)N 1(_) RE(.':(')HMEN[) REFtlND OF I-liE FEES WAS MADE BY MR. }HOMPSC)N, ~EC(]ND MR. WADSWORTH PASSE[) UNANIMOUSLY. ACC:ES.-,ORN :~IRLIC:ZI_IRES [)I:,t.J._bION -- MRS KILKELLY STARTS SINCE lttt'~; WAS tiER REOUEST, SHE A,S~S THE BOARD TO USE THE REVISED F'AF'EFg [;]VFN 01_~ TitIS EVENING RATftER THAN I'HE ONE IN THEIR PA(':F,A. GEt..SHE W()I_IL] LIkE TO ,SEE THIS AS A CONDITION LISE BUT BflI. IEE '"':TATE.~' ]F I'HAI IS %HE C.A:,E' ¢ THEN ¢'.:~OME CRITERIA NEEDS TO BE SET LIF' ON WHZL:H ~O SASE AN APPROVAL. OR DISAPPROVAL. MR. ?;t~RO'fEP STA'I'ES THEY C:OULD ,.IIJST REQUIRE 9 F~ SIDE WALLS OR LES::, AH[~ ~'~ W()L.ILD SOLVE ]taE PROBLEM. ~fE STATES Ti4AT WAY Tt4EY APE NCYf rF{_..[1NO q'HE RESTDFNTS lttEY C'AN'~ BUILD AN ACCESSORY qT'PIt(':lilRF. MRS. k'[I..FELLY PECOMf4ENI')S THAT SAMPLE ORDINANCES f'[.AqNJNG AN[~ ZONING r:OP1MIS:?;]F.)I'~ REGLiLAR MEETING MINUTES FE..BFd_~ARY t F.,, 1 9C~0 PAGE TWO FRCIM OTt-iE[~ CITIES SHC)iJLD BE OBTAINED FOR COMPARISON BRUCE SI'^TES THE FLORIDA LEAOIJE OF CITIES WILL SEND THESE TO USE I_IF'C)N REQUEST. 1 BPI.ICE DIRECTS :qECRE'TARY TO {-;.ALL AND SEE WHAT CAN BE FOUND. MR. WADSWCtRTtl StlGGESTS ALL ACCESSORY LISE PERMITS SHOtJLD COME 10 PLANNING AN[) ZC)NING FOR APPROVAL UNTIL THE ORDINANCE CAN BE C:HANOE[I BPI_ICE INDICATES HE DOES NOT FEEL THAT IS A GOOD IDEA BECAIJSE 1HAT WILL HOLD tiP BUILDERS SINCE POOL ENCLOSURES, AND SHEDS FAI_L UNDER THIS CATEGORY - ALSO BRUCE STA'fES l'~tIS WILL REQUIRE A NEW ORDINANCE TO BE PASSED SO THAT ACCESS©P,Y STR!_IC:TI.tRES CAN COME BEFORE PLANNING AND ZONING. rip. WAD.qWOPT[{ HAKES A MOTION TO RECOMMEND TO CITY COUNCIL 'fitA-[ AI_L ACCESSORY STRI. ICTIJRES COME BEFORE THE PLANNING AND ZONING COMM]S%ION I,INTIL THE CODES CAN BE REVIEWED AND REVISED SECC)I'.JD BY MRS. TAYLOR UNDER DISC:LiSSION BRUCE STATES HUNDREDS OF BU'[L[)INL~S WILL COME BEF(.')RE THE BOARD UNTIL THIS IS RESOLVEF) HR. WADSWORTH AMENDS HIS MOTION TO EXCLUDE POOL FNCLC)SIJRFS AND STC)RAGE SHEDS. MR 'TH('.)MPSC)N VOl'ED NO ALL OTHERS YES - PASSED 6-1 5 MIN RECESS C:ALLED Al' 9:00 P.M. 9:05 P.M. BACK TO ORDER ALI' FRE :,F. NT, C:HAIRMAN'S MATTERS: ASKS FOR AN iJPDATE ON THE RIVERFRONT DISTR]C.T AN[)MR. JONES STATES IT IS CURRENTLY ON HOLD WHILE HE IS TRYING TO FINAL.~ZE THE COMP F'LAN THE SAME WITH THE ARC:HITECTI_IF~AL REVIEW B,(-)ARD EXCEPT THAT PETER STATES HE HAS. ALL 1HE COUNCIL COMP1ENTS COMPLETED NOW AND HE CAN FORMULATE THESE INTO THE NEW PROPOSAL. MEMBERS MATTERS: MRS. KILKELLY ASKS ABOUT THE FLORIDA LEAGUE OF CITIES ORDINANCES AND BRUCE STATES HE HAS ASKED SECRETARY TO HANDLE. MR. MAHONEY ASKS RE DRY LINE SEWER PIPE REGULATIONS SHOULD BE ESTABLISHED - STATES N. ST. LUCIE COUNTY ALREADY REOUIRES THEY BF INSTALl_ED WITH NEW CONSTRIJCTION ALS(1) MF,'. r'IAHONEW' OIIEST]ONS CANDIDATES SIGNS ON THE ,lOGGING TF';:',AIt.. AND ARE THEY PERMITTED ON C. ITY PROPERTY BRLICE TO CHECK I H TI..! AN[I MI:,'. ~',t~P~.]l"r[:l'~ :.;;IAtES HE ::,1 IL/.. FEELS '[HE CITY SHOLILD NOT APPROVE C;ll],'~l.r Ff~i~,F,-;'-:. ]. f,l 'f ('-I A ':'.tIRf~IVTC, I(')I,I ANF~ THE CODE E;HOIII. D BE f'l iAH(';FI~ 'tN ll lt.'r. PF(~AR['~. City of Sebastia t POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-~330 FAX 407-589-5570 SUBJECT: ~ ) reappointment-of Damian Gilliams, ) Realtor Position, to the Code Enforcement ) Approved For Submittal By: Cf t¥ Manager j"i~~ Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: Code Enforcement (BC).~ 2/22/90 2/28/90 Letter Dated 2/8/90 From Damian Gilliams EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Damian Gilliams, Realtor Position, will expire March 1990. The Code Enforcement Board has recommended another 3 year term. No other applications are available at this time. RECOMMENDED ACTION Move to reappoint to Code Enforcement Board, Damian Gilliams, Realtor Position, March 1990 to March 1993. FEBRUARY 8, 1990 JERRY CODE ENFORCEMENT SECRETARY PLEASE BE ADVISED THAT MY TERM IS EXPIRING ON THE CODE ENFORCEMENT BOARD. AT THIS TIME I AM REQUESTING AN ADDITIONAL THREE (3) YEAR TERM WORKING FOR THE CITY OF SEBASTIAN'S CODE ENFORCEMENT BOARD. LIAMS BROKER SALESMAN DATE : TO : FRCM : SUBJECT : WBASTIAN ,LICE ,EPARTMENT MEMO April 20, 1989 ~ Kay O'Halloran, City C . Lt. David J. Puscher Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 Background Investigation - Damien Gilliams Damien H. Gilliams is not listed as a wanted person. ,' Gilliams has a current Florida Drivers License, operators class, expirinG August 1, 1993. This license is valid in Florida only which is indicative of the possession of an additional Out of State Drivers License. Gilliam has shown on his application to be a 50% owner of Mid Florida Real Estate however, he is not listed as a Corporate Officer as of 2/17/89. The registered agent is shown to be Gregory R. Golien also shown as the President, Secretary and Treasurer. Additional Corporate Officer shown is David Urquhart as Director. Mr. Greg Golien advised Gil3.iams is a new partner at 49% and a Corporate correction has been made within 2 - 3 w~eks of this date. A check with Department of Professional Regulation shows Gilliams to hold a current.Real Estate License in Florida and it is shown as active with Mid Florida Real Estate. D.,P.R. does not show Gilliam as a partner in the company. All personal responses received ~re positive in that nothing reflected would tend to disqualify Gilliam from appointment to a City Board. State University of New York in Buffalo shows the completion of one semester in 1978. DJP:jh . For- CODE ENFORCEMENT, CONSTRUCTION & PLANNING & ZONING BOARDS N~me: DAMIEN H. GILLIAMS Date of Birth: 8-1-60 'Sex: MALE Social Security Number: Note: Each question must be completely answered.' If additional space is required, please attach additional sheet(s) and clearly identify~the question to which you are responding. List all residential addresses for the past ten years, beginning with your present a~dress and working back in reverse chronological order. Please include your present residential telephone number. Present Street Address: 516 GERALD STREET, SEBASTIAN, FLORIDA 32958 Telephone: 407-~89-6635 Present Mailing Address (if different): SAME AS ABOVE Street Address: 711 JACKSON STREET: .SEBASTIAN, FLORIDA 32958 Street Address: 3955 RIVER OAK LANE, SEBASTIAN, FLORIDA 32958 Street Address: 218-37 HILLSIDE AVENUE, QUEENS VILLAGE, NEW YORK, NY 11427 Are you a registered voter in the City of Sebastian? YES Are you a registered voter in Indian River County? ..... yEs' High School: Address: Education CHRISTOPHER COLUMBUS HIGH SCHOOL 925 ASTOR AVENUE, BRONX, NY Date of Graduation: JUNE 19.78 College/University: STATE UNIVERSITY OF NEW YORK AT BUFFALO Address: MAIN STREET CAMPUS, BUFFALO, NY Major: BUSINESS ADMIN. Dates Attended: 8/78 "-' 6/79 Degree Received: ' ' College/University: Address: Major: Degree Received: Dates Attended: College/university: Address: Major: Dates Attended: Degree Received: Employment List all employment activity for the past ten Years, beginning with your present position and working back in reverse chronological order. Please include the telephone number where you can be contacted during business hours. Present Occupation: 507. OWNER OF ERA MID FLORIDA REAL ESTATE Employer: Mailing Address: 1623 N.,' US#'~', SUIf~.' ~5, S~BASTLAN~""FL 3Z~5~ Date of Employment: SEPT. 1986 ~ PRESENT. Phone: 407-589-4377 Occupation: Employer: OWNER OF B & D INTERNATIONAL MODELS Mailing Address: 7f'i""JACKS0N $TKEET, ~AS'"i'"iAN, ~',. ..... ~'29~8 Dates of Employment: JAN. 1985- SEPT. i986 .... Occupation: GRAPHIC ENGINEER - ABC NiGHTLINE NEWS Employer: AMERICAN BROAD CASTING, INC. Mailing Address: ~0 WEST 67th STt~ NY.~.. NY 100~'3 Date of Employment: MAY 1980 - JAN. 1985 ~'~0ne~ 21~-TV7-3gb~" Describe in detail all of your business or military experience which you believe is particularly applicable to the position you are seeking. EXPERIENCE IN...~OMMUNICATIONS~ BEING ABLE TO COMMUNICATE WITH TWR PTTRT.TC EFFECTIVELY.,I~REE YEARS EXPERIENCE IN REAL ~TATE WITJ'""EX- TFWgTV~ WNfl~.FDGE OF CITY C.ODESAND ORDINANCES. Please list all professional licenses which you hold (contractor, accountant, etc. ) Name of License: REAL ESTATE Issuing Authority: . DEPT OF PROFESSIONAL.REGULAr'ION Date of Issuance: . SEPT~ 1986 Date of Expiration: 1990 2 Name of License: ~NONE Issuing Authority.%---- Date of Issuance: Date of Expiration: Please list the names of all relatives who are presently employed by the City of Sebastian; serving on an appointed Board of the City of Sebastian; or who are Members of the City Council. Have you ever been convicted of a felony or a misdemeanor involving theft or dishonesty? NONE ' If yes, please indicate charge, name of adjudicating court, date of adjudication, and sentence. References Please your reputation in the community. Name: JIM ABELSON Street Address: 1623 US ~1, Mailing Address (if different): Residence Telephone: Business Telephone: 589_~106 Name: ~TEVE LULICH Street Address:lQ69 MAIN STREET, 'SESA~T'IAN, ~ "32958 " Mailing Address (if different): Residence Telephone: Business Telephone: 589-5500 In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, other than present or past employers, who can provide information concerning your reputation in the business community. identify two persons who can provide information as to Name: R0N REED Street Address: 1623 N.~. US #1, SEB., ~LORIDA 32958 Mailing Address (if different'): Business Telephone: ~..89-4800 Name: DOUGLASWRiGHT Street Address: 1623 uS#i, N.'SEB'AST'iAN; FL. Mailing Address (if different): ' Residence Telephone: Business Telephone: 589-0933 3 Please provide a brief statement as to why appointment. TO ~ELP SERVE THE COMMUNITY IN yOU are seeking this ITS BEST INTERESTS I acknowledge that I have read Constitution and Laws of the State general qualifications for and responsibilities of official, including the following specific provisions: Florida Constitution Article II, Section 5a - Dual Office Holding Article II, Section 8 - Code of Ethics Article VI, Section 4 - Disqualification for Felony Conviction Florida Statutes (1987) Section 116.111 - Nepotism Section 112.311 - Legislative intent and Declaration of Policy Concerning Code of Ethics Section 112.312 - Definitions Concerning Code of Ethics Section 112.313 - Standards of Conduct for Public Officers and Employees of Agencies Section 112.3141 - Additional Standards of Conduct for Public Officers Section 112.3143 - voting Conflicts Section 112.3144 - Full and Public Disclosure of Financial interests Section 112.3145 - Disclosure of Financial Interests and Clients Represented Before Agencies Section 112.3146 - Public Records Secflon 112.3147 - Forms Section 112.3151 - Extensions of~Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting Requirements During Meetings of Public Bodies I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. the relevant sections of the of Florida pertaining to the a public I understand that the City Council of the City of Sebastian may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicted or informed against for the commission of any felony or misdemeanor. TO AND SUBSCRIBED before .me this /Q day of Notary~ic, State of Florida My Commission Expires: 5 ORDIN~1CE NO.: O-90-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AHENDING SECTION 2-93 PERTAiNING TO TH~ JURISDICTION OF THE SEBASTIAN CODE ENFORCEMENT BOARD; AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF TN~ CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-91 TO PROVIDE FOR ADDITIONAL DEFINITIONS; AMENDING SECTION 7-92 TO PROVIDE PROCEDURES FOR REMOVAL OF HEMBERS OF ~ CONSTRUCTION BOARD; AMENDING SECTION 7 -92 . i TO PROVIDE FOR INVESTIGATORS TO ASSIST IN THE ENFORCEMENT OF ARTICLE VII; AMENDING SECTION 7-92.2 PERTAINING TO THE POWER OF THE SEBASTIAN CONSTRUCTION BOARD TO REVIEW VIOLATIONS OF ARTICLE Vii; AMENDING SECTION 7-98 PERTAINING TO PUBLIC ACCESS TO RECORDS; AMENDING SECTION 7-99 PERTAINING TO CERTAiN PROHIBITED ACTIVITIES; AMENDING SECTION 7-100 PERTAINING TO REVOCATION OR SUSPENSION OF CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101 PERTAINING TO THE APP?.TCATION OF ARTICLE VII TO OTB~R MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102 PERTAINING TO EXEMi~TIONS FROM ARTICLE VII; AMENDING SECTION 7-103 PERTAINING TO REFERENCES TO THE BUILDING OFFICIAL; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE REQUIRING OF PAYMENT AND PERFORMANCE BONDS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES; PROVIDING FOR APPEALS; PROVIDING THAT THE ORDINANCE iS SUPPT.E~NTAL; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABI~.TTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the construction industry is a matter substantially affecting the public interest; and, WHEREAS, to protect the health, safety and general welfare of the public, it is necessary to ensure that individuals and entities engaged in the construction industry are duly qualified and that construction is performed in accordance with the Code of Ordinances of the City of Sebastian; and, WHEREAS, existing laws, ordinances and enforcement procedures have not ensured substantial compliance; and, ~, certain measures can be taken to better regulate the construction industry and enforce the laws and ordinances enacted to protect the public health, safety and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY, COUNCIL OF THE CITY OF ~EBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Sectio 1. Section 2-93 of the Code of Ordinances of the City of Sebastian is hereby amended by amending existing Section 2- 93(a) (16) and by adding Section 2-93(a) (17) to read as follows: "(16) Land Development Code; and, (17) Contractors (Article VII, Chapter 7, Code of Ordinances), or any other provision of the Code of Ordinances as allowable pursuant to Chapter 162 of Florida Statutes, as amended pursuant to Chapter 89-268 of the Laws of Florida, and as such may be amended, and any rules or regulations adopted thereunder." sectioD 2- section 7-91 of the Code of ordinances of the city of Sebastian is hereby amended by adding the following additional definitions to be added in alphabetical order and to revise the definition of "specialty contractors" as set forth in Paragraph 7-91(7) to read as follows: "App~$cation for Permit means any permit application made under the Standard Building Code, Standard Plumbing Code, Standard Mechanical Code, Standard Gas Code, National Electrical Code, Standard Fire Code, or any other building code or technical code contained in or adopted by reference in the Code of Ordinances of the City of Sebastian and the Sebastian Land Development Code, as such have been, or may be, amended, including all documents submitted with any permit application. Department means the Florida Department of Professional Regulation or, where applicable, the Florida Construction Industry Licensing Board. Investiqator means an individual authorized by the City Council to enforce the provisions of this Article who has the authority to issue citations and who shall include the Director of Community Development, the building official and code enforcement officers, as well as those individuals authorized by Resolution adopted by the City Council from time to time. Person means an individual, any business or nonbusiness entity, corporation, partnership, joint venture, unincorporated association, trust, estate, club or society. State-Certified means any contractor who possesses a Certificate of Competency issued by the Department and who is allowed to contract in any jurisdiction in the State of Florida without being required to fulfill the competency requirements of the City under this Article. State-Certification means the act of obtaining or holding a Certificate of Competency from the Department as provided in Chapter 489, Florida Statutes (1989) as amended from time to time 3 or any rule or regulation promulgated thereto. S~ecialtv Contractors are those who can qualify with a minimum of two (2) years experience, one-half (1/2) of which must be in a supervisory capacity, who specialize in one or more crafts of the building construction and related contracting trades whose scope is less than those contractors defined above and as limited under the certificate of competency issued by the board t~ such specialty contractor. The board may further classify and define specialty contractors in such rules and regulations it promulgates in accordance with this Chapter. All specialty contractors must receive a passing grade of at least seventy-five (75) on the examination for their trade which is administered by Block & Associates. Provided, however, that the following types of specialty contractors shall be exempt from the testing requirements of this section land clearing and grading, insulation, floor covering, garage door installation, cabinet installation, landscaping, aluminum non-structural, water pump, pressure cleaning and mildew control, roofing limited, sign painting, vacuum systems, and fences." Section 3, Section 7-92 of the Code of Ordinances of the City of Sebastian is hereby amended by adding Section 7-92(g) to ~ead as follows: "(g) Removal of Board Member. The City Council shall have the power to remove any member of the board for any reason provided by the laws of the State of Florida. In addition, the 4 City Council shall have the power to remove any member of the board if that member fails to attend three (3) consecutive meetings without having been excused by the Chairperson, or upon the written recommendation to remove a member which is submitted by the board to the City Council which a majority of the board votes in favor of submitting to the City Council which sets forth specific reasons indicating that the member is not fulfilling his or her ~ duties as a member of the board. Such written recommend~tlon shall indicate the votes of the board members with respect to the written recommendation." Section 4. Section 7-92.1 of the Code of Ordinances of the City of Sebastian is hereby amended by amending existing Section 7- 92.1(b) to read as follows: "(b) ClerK. The building official shall appoint a city employee to be the board clerk. The clerk shall record all meetings of the board and shall prepare minutes of each meeting, which state all motions, the vote of each member upon each question or motion, and a statement as to any member who is absent or failed to vote. summary or outline form, deliberations of the board. The minutes of the board may be in a but shall accurately reflect the The clerk shall perform such other functions assigned to the clerk by the board." Section 5. Section 7-92.1 of the Code of Ordinances of the City of Sebastian is hereby amended by adding Section 7-92.1(d) to read 5 as follows: "(d) InvestiGators. Investigators under the direction of the Director of Community Development or his designee are hereby charged with the enforcement responsibilities of this Article. An investigator is authorized to issue citations in accordance with Section 7-104 for any violation under this Article when, based upon personal investigation, the investigator has reasonable probable grounds to believe that a violation under any provision of this Article has occurred. Investigators shall not have the power of physical arrest nor shall they be authorized pursuant to this Article to bear arms. Nothing herein contained shall be construed to authorize or permit any investigator to perform any function or duty of a law enforcement officer other than as specified herein. An investigator may also issue any person a Notice of Hearing in lieu of a citation whereby the alleged violator would then appear before the board in accordance with Section 7-92.2(e)." S~ction 6, Section 7-92.2 of the Code of Ordinances of the City of Sebastian is hereby amended by amending existing Section 7- 92.2(e) to read as follows: "(e) Review of Vi.Q.~ations 05 this.Article, on the Motion of the board, on a Notice of Hearing issued by an investigator or on the verified written complaint of any person, the board may review the actions of any person, including a contractor that has been issued a Certificate of Competency by the board pursuant to 6 this Article or a state-certified contractor, who has violated any provision of this Article. The board may hold due process hearings and thereafter take appropriate disciplinary action as authorized pursuant to this Article if the person, including a state-certified contractor or a contractor holding a Certificate of Competency from the board pursuant to this Article and including an entity qualified by a contractor who is state- certified or holds a Certificate of Competency from the board pursuant to this Article, is found to be in violation of one or more of the acts or omissions constituting a prohibited activity pursuant to Section 7-99 or constituting cause for disciplinary action pursuant to Section 7-100 to the extent not reserved to the Department to the exclusion of the board." Section 7. Section 7-98(a) of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "(a) All information provided to the board by any applicant for certification shall be a public record except to the extent exempted from the provisions of requiring public access to public records under the laws of the State of Florida. Any applicants for a certificate of competency shall be informed that their application, examination, examination scores and other financial records which are received by the city shall become a public record." Section 8., Section 7-99 of the Code of Ordinances of the City of 7 Sebastian is hereby amended in its entirety to read as follows: "Sec. 7-99. Prohibited activities. (a) It is unlawful for any person to engage in the business or act in the capacity of a contractor without being a state- certified contractor holding a state-certification or being in lawful possession of a Certificate of Competency issued by the board pursuant to this Article. (b)~ It is unlawful for any person who possesses a current Certifica%e of Competency issued by the board pursuant to this Article or a state-certification issued by the Department to contract with or utilize the services of another person engaging in the business or acting in the capacity of a contractor where such other person does not hold a state-certification or a Certificate of Competency for engaging in the type of contracting business that such other person operates in the corporate limits of the City. This prohibition shall be enforceable even if the unlicensed contractor does not have an office in the City, so long as the unlicensed contractor performs or contracts to perform the services of a contractor in the corporate limits of the City for the person holding a state-certification or a Certificate of Authority issued by the board pursuant to this Article. (c) It is unlawful for a person required to possess, but not possessing, a current Certificate of Competency issued by the board pursuant to this Article or a state-certification issued by the Department to advertise to the public in a newspaper, magazine, handbill, flyer, airwave transmission or telephone directory, or by issuance of a card or other communication or other advertising medium, that he is a contractor or is qualified to act in business as a contractor, pursuant to a Certificate of Competency issued by the board pursuant to this Article or a state-certification issued by the Department. (d) It is unlawful for a contractor who possesses a Certificate of Competency issued by the board pursuant to this Article or a state-certification issued by the Department to fail to include his Certificate of Competency Number or state- certification or registration number in any publication which is primarily circulated, displayed, distributed or marketed within the City which advertisement identifies a contractor or entity offering services regulated by Chapter 489 of Florida Statutes, as amended from time to time, or by this Article, unless the advertisement included the Certificate of Competency Number or state-certification or registration number issued to that contractor. Nothing in this Section shall be construed as requiring that the publisher not publish any advertisement which does not include a Certificate of Competency Number or a state- certification or registration number, nor determine or investigate whether a Certificate of Competency Number or a state-certification or registration number is required, whether the license number given is accurate, nor determine or investigate whether the person whom the advertisement is published is state-certified or holds a Certificate of Competency issued by the board pursuant to this Article." Section 9. Section 7-100 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 7-100. Causes for Disciplinary Action. The following acts constitute cause for disciplinary action: (1) Willful or deliberate disregard or violation of the applicable building codes of the City; (2) Aiding or abetting a person who is not a state- certified contractor or a contractor who possesses a Certificate of Competency issued by the board pursuant to this Article VII to evade any provision of this Article. Utilizing or contracting with an unlicensed contractor or subcontractor is prima facia evidence of engaging in such an act; (3) Knowingly combining or conspiring with an uncertified person with intent to evade the provisions of this Article. When a person holding a Certificate of Competency issued by the board pursuant to this Article or a state-certification allows his certificate or state-certification to be used by one or more companies without having any active participation in the operations, management or control of such companies, this act shall constitute prima facie evidence of an intent to evade the provisions of this Article; (4) Acting in the capacity of a contractor under any Certificate of Competency issued by the board pursuant to this Article or any state-certification issued by the Department, 10 except in the name of the certificate holder as set forth on the issued Certificate of Competency or the state-certification or in accordance with the personnel of the certificate holder as set forth in the application for the certificate or state- certification, or as later changed as provided in this Article or pursuant to Chapter 489 of Florida Statutes, as amended from time to time or any rule or regulation promulgated pursuant thereto; (5), Diversion of funds or property received for the completion of a specified construction project or operation or as a result of the diversion the contractor is or will be unable to fill the terms of his obligation or contract; (6) Failure in any material respect to comply with the provisions of this Article; (7) Failure to maintain insurance coverage as set by the board; (8) Failure to provide proof of workmen's compensation insurance to the building official or his designees upon demand for same; (9) Falsification of application or testimony given before the board; (10) Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned if the contractor terminates said project without notification to the prospective owner or current owner for at least thirty (30) days without just cause, such as acts of God causing construction delay; 11 (11) Cheating on the examination required by this Article; (12) Giving or offering to give directly or indirectly any City employee, council member, the Mayor or board member anything of value, monetary or otherwise, with intent to influence such employee or board member in the discharge of his or her duties under the provisions of this Article; (13) Attempting or threatening to coerce or coercing through iphysical act, injury or damage to the Mayor, or to any council member, board member, City employee or any family member or property of any board member or City employee, with intent to influence such board member or employee in the discharge of his or her duties under the provisions of this Article; or, (14) The filing of a Petition in Bankruptcy, either voluntarily or involuntarily, the making of an assignment for the benefit of creditors or the appointment of a receiver for a contractor or an entity which is qualified to engage in the business of a contractor by the holder of a Certificate of Competency issued by the board or a state-certification issued by the Department. Provided, however, that such act shall only empower the board to take such action as allowable under the laws of the State of Florida or the United State of America, or to the' extent otherwise allowable pursuant to this Article VII." Section ~0,~,, Section 7-102 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 7-102. Exemptions. The exemptions provided by Section 12 489.103 of Florida Statutes (1989), as amended or supplemented from time to time, shall also constitute exemptions from the provisions of this Article VII." Section 11. Section 7-103 is hereby amended to read as follows: "(a) The provisions of this Article VIi shall be deemed supplemental to, and not in conflict with or in preemption of, the provisions of Article V of Chapter 2 of the Code of Ordinances concerning the Sebastian Code Enforcement Board. To the extent provided in Article V of Chapter 2 of the Code of Ordinances, the Sebastian Code Enforcement Board shall have concurrent jurisdiction over the enforcement of any of the provisions of this Article VIi." Section 12- Section 7-104 of the Code of Ordinances of the City of Sebastian is hereby reserved for future use. Section Section 7-105 of the Code of Ordinances of the city of Sebastian is hereby created to read as follows: "Sec. 7-105. Payment and Performance Bonds. (a) The board is authorized to require a contractor who holds a Certificate of Competency issued by the board pursuant to this Article, including a corporation or other entity which the certificate holder has qualified, obtain a payment and performance bond as a prerequisite to being able to obtain a building permit or other development order from the City if, 13 after an evidentiary hearing thereon which provides due process to the adversely affected parties, the board finds that the contractor or the entity which such contractor has qualified presents a substantial risk of not being able or willing to fully complete a job or project for which a building permit or other development order is requested or needed to authorize the job or project. Evidence on which such a finding of the'need for such a bond or'bonds may be based shall consist of any one or more of the following findings of fact: (1) A Claim of Lien in excess of $2,000.00 has been filed in connection with the real property the contractor or entity which the contractor has qualified is working on, whereby the Claim of Lien avers that the contractor or entity has not made proper payment to the lienor, and the Claim of Lien has not been released or satisfied within sixty (60) days of the filing of same with the Clerk of the Circuit Court; (2) The contractor or entity which the contractor has qualified has a judgment for money damages entered by a court of competent jurisdiction against such contractor or entity and the judgment is reasonably related to the type of work for which the requested building permit or other development order relates, and the judgment has not been released or otherwise satisfied; (3) The contractor or entity which the contractor has qualified has failed to substantially complete performance of any other contract for work of the type that is the subject of the requested building permit or other development order and the 14 failure to substantially complete performance of the contract is reasonably within the control of the contractor or the entity which the contractor has qualified; (4) Any officer, director, shareholder, partner, joint venturer, trustee or employee of a business entity that is seeking the building permit or other development order was an officer, director, shareholder, partner, joint venturer, trustee or empldyee of another business entity at a time when the other entity violated any of the provisions of Subsections (1), (2) or (3) of this Section 7-105; (5) For any other violation provided for in this Section 7-105 if the violation could reasonably render the contractor or the entity which the contractor has qualified a substantial risk of not being able to willing to fully complete the job or project for which the building permit or other development order is required. (b) The amount of the payment and performance bond shall be set by the board and may be in an amount equal to the contract price, if any, or the full estimated cost to complete the job or project for which the building permit or other development order pertains. (c) The requirement to obtain a payment and performance bond or bonds may also be one of the conditions prescribed in Paragraph 7-105(a)(4), if such bond or bonds are reasonably related to the type of violation found by the board to have occurred. The board shall determine who shall be the beneficiary 15 of any such bond or bonds. The authority to require a bond or bonds shall not be imposed, however, if the contractor or the entity which the contractor has qualified is certified in the specific trade by the Department or other state agency, and if such state-certification prohibits the imposition of a payment and performance bond as a matter of law under applicable state statutes. The burden of establishing that a state law preempts the imposition of a bond or bonds shall be upon the contractor or the entity which the contractor has qualified." Section 14. Section 7-106 of the Code of Ordinances of the City of Sebastian is hereby created to read as follows: "Sec. 7-106. Penalties; appeals. (a) In addition to the penalties that may be imposed, and other remedies that may be available to the City, which are provided for elsewhere in this Section 7-106, any person who violates any provisions of Section 7-99 or commits any of the acts constituting cause for disciplinary action as set forth in Section 7-100 shall be guilty of a violation of the provisions of this Article VII, and upon conviction thereof, shall be subject to the penalties of Section 1-10. (b) In addition to the penalties and other remedies that may be imposed elsewhere in this Section 7-106, the board may issue a cease and desist order to prohibit any person from engaging in the business of contracting who does not hold the required state-certification or local Certificate of Competency 16 for any work being performed by that person or his/her/its employees or agents under this Article VII. (c) If a state-certified contractor or a contractor possessing a Certificate of Competency issued by the board pursuant to this Article VII is found by the board, after a due process hearing, to be guilty of fraud or a willful building code violation in the city, or if the board possesses proof that such contractor, through a due hearing process, has been found guilty in another city or county within the twelve-month period of fraud or a willful building code violation, and the board finds, after providing notice to the contractor, that such fraud or violation would have been fraud or a violation of a building code of the City if committed in the City, then the board may, in addition to the penalties that may be imposed, and other remedies that may be available to the City, which are provided for elsewhere in this Section 7-106, deny the issuance of a building permit to such contractor or issue a building permit with specific conditions which the board determines to be necessary to protect the public health, safety and general welfare. The board shall provide notification of, and information concerning, any denial of a building permit pursuant to this provision to the Department within fifteen (15) days after the board decides to deny such building permit. (d) In addition to the penalties that may be imposed, and other remedies that may be available to the City, which are provided for elsewhere in this Section 7-106, the board may 17 impose an administrative fine in an amount not to exceed ($500.00), which shall be recoverable by the board only in an action at law. (e) In addition to the penalties that may be imposed, and other remedies that may be available to the City, which are provided for elsewhere in this Section 7-106, the board is authorized to take the following disciplinary actions against the holder ~of a Certificate of Competency issued by the board pursuant to this Article VII, where such holder has been found to violate Section 7-99 or has engaged in any of the acts or omissions which constitute cause for disciplinary action pursuant to Section 7-100: (1) Suspend the Certificate of Competency issued by the board pursuant to this Article during the period fixed by the board, but the board may permit the certificate holder to complete any contracts then uncompleted; (2) Revoke the Certificate of Competency previously issued by the board pursuant to this Article; or (3) Place the certificate holder on probation for a period fixed by the board, but not in excess of three (3) years. (f) In addition to the penalties that may be imposed and other remedies that may be available to the City, which are provided for elsewhere in this Section 7-106, the board shall be empowered to refuse to issue building permits or to issue building permits containing specific conditions to protect the public health, safety and general welfare to a contractor who is 18 state-certified or who holds a Certificate of Competency issued by the board pursuant to this Article VII who has committed multiple violations of this Article Vii when such contractor has been disciplined for each of them by the board and when each disciplinary action has involved revocation or suspension of the state-certification by the Department or has involved revocation or suspension of the Certificate of Competency issued by the board ~ursuant to this Article VII, the imposition of an administrative fine of at least $1,000.00 or probation. Furthermore, the board shall be empowered to issue permits with specific conditions designed to protect the public health, safety and general welfare to a state-certified contractor or a contractor who holds a Certificate of Competency issued by the board pursuant to this Article VII who, within the previous twelve months, has had final action taken against him by the Department, or by the board when the board has reported such disciplinary action against the contractor to the Department where the contractor has engaged in the business or acted in the capacity of a contractor without a license. (g) In addition to the penalties that may be imposed, and other remedies that may be available to the city, which are provided for elsewhere in this Section 7-106, the board shall be empowered to restrain any violation of this Article VII by filing the appropriate action in a court of competent jurisdiction for injunctive relief. (h) Any aggrieved party, including the board, may appeal a 19 final administrative Order of the board to the Circuit Court for Indian River County, Florida. Such an appeal shall not be an appeal de ~ but shall be limited to appellate review of the record created before the board. An appeal shall be filed within thirty (30) days of the execution of the Order to be appealed." Section 7-107 of the Code of Ordinances of the City of Sebastia~ is hereby created to read as follows: "Sec. 7-107. Savings Clause. It is the intent of the City that the provisions of Article VII of Chapter 7 of the Code of Ordinances be construed as being consistent with the inherent municipal powers of the City and supplemental to, and consistent with, the provisions of Chapter 489 of Florida Statutes (1989), as amended from time to time. However, it is the intent of the City to reserve the power to regulate state-certified contractors to the extent not inconsistent with the laws of the State of Florida, as amended from time to time." ~tion 16. ORDINANCE SUPP?.RMENTAL. The provisions of this Ordinance are supplemental, in addition to, and not in derogation of, all existing ordinances effective in the City of Sebastian, Indian River County, Florida. Section 17. CODIFICATION. It is the intention of the city Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance 20 may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be change to "Section", "Article" or other appropriate designations. Secti0~ .......18. SEVERABI~.TTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall 'be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 19- EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of .... , 1990. 21 CITY OF SEBASTIAN, FLORIDA ATTEST: By: Richard B. Votapka, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public 'hearing on this OrdinanCe was published in the Veto Beach Press Journal as required ~y State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1990, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 22 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589.5330 FAX 407-589-5570 SUBJECT: 'Amendment to Contract with Mosby and Associates on Main Street Realignment Approved For Submittal By: City Manager Agenda No. Dept. Origin City Manager Date Submitted 2/22/90 For Agenda Of 2/28/90 Exhibits Mosby Proposal 2/21/90 EXPENDITURE REQUIRED: ~O~T BU~ETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On January 11, 1989, the City entered into an agreement with Carl R. Julian ("Julian") for the purpose of realigning a portion of Main Street. The contract required Julian to reimburse the City up to $100,000 for the pro~ect. Additionally, Julian is to grant the City the necessary right-of-way for the realignment. On December 13, 1989, the City Council approved a contract with Mosby and Associates ("Mosby") to perform the project design; that is proceeding on schedule. In reviewing the proposed design with Randy Mosby, we have concluded the project should include additional construction -- including deceleration and left-turn lanes to the Post Office, City Hall parking lot access, and the intersection of Gibson Street (as it would be extended from its present location to Main Street). We have reviewed these additional items with both Mosby and Julian. I believe the City should expand the work on Main Street to include a portion of Gibson Street (approximately 310 feet), deceleration and left-turn lanes to the Post Office, and new entrance to the City Hall parking lot. Gibson Street, as you will recall, is on the City's ma]or Thoroughfare Plan. Julian has agreed to reimburse the City for this additional work, and to dedicate the Gibson Street r~ght-of-way (excluding a 30 foot strip which would be taken from City Hall property). To this end, attached is a proposal from Mosby to perform the additional design engineering. RECOMMENDED ACTION Move to 9pprove the proposed in the amount of $3,500. contract with Mosby and Associates February 21, 1990 MOSBY AND ASSOCIATES, INC. CONSUgTING ENGINEERS 1507 20TH STREET P.O, BOX 6368 veto BEACH, FLORIDA 32961 407-569-0035 Mr. Dave Fisher City of Sebastian P.O. Box 127 Sebastian, Florida 32958 Subject: Proposal/Contract for Professional Engineering Services for Main St. Realignment/Gibson St. Extention Sebastian, Florida Engineer's Project No. 90-162 Dear Mr. Fisher: At your request, we are hereby submitting our proposal to provide additional professional engineering services for the above subject project. The additional services would consist of the required engineering and surveying for the design of the Gibson Street Extension, north of the new Main Street right-of-way to the northern City Hall property line. The contractural scope of work for the Main Street Realignment would consist of the following: 1. Project coordination with the project owner. 2. Project coordination with the following regulatory agencies: a. City of Sebastian b. St. Johns River Water Management District Project coordination of the required boundary and topographic surveys, we intend to sub-contract this work with James A. Fowler Land Surveyors and we have included their fees in this proposal. The scope of surveying services would include boundary, topographic and route surveys of the proposed Gibson Street Extensio~ north of the proposed Main Street right-of-way to the north property line of City Hall. Also included in the survey work would be the preparation of the "as-built" of the City's west parking lot and retention area. Project coordination of the required sub-surface soils infor- mation. The fees for these services are not included in this proposal and will be billed separately. Mr. Dave Fisher February 21, 1990 Page 2 Design of the roadway and drainage system. Our design of Gibson Street Extension will be from the proposed realigned Main Street to the north property line of City Hall. 6. Re-design of the west parking lot and the existing on-site stormwater management tract at City Hall. Since the City is giving up thirty feet (30') of their western property for the right-of-way of Gibson Street, it will be necessary to relocate the existing stormwater management tract. 7. Revise the current Main Street Realignment construction drawings to include a right turning lane at the Post Office. Preparation of the Gibson Street Extension construction drawings and specifications. 9. Preparation of the following permit applications: St. Johns River Water Management District Stormwater Permit Application. This permit will be included in the overall stormwater permit application for the Main Street Realignment. 10. Final project submittal and coordination. We propose to provide the above described services for the following breakdown of fees: 1. Engineering Fees $ 3,000.00 2. Surveying Fees $ 500.00 TOTAL $ 3,500.00 Construction inspection has not been included in this proposal, but if requested, will be provided on an hourly rate basis at the follow- ing hourly rates defined below: Sr. Engineering: Jr. Engineering: Technician: Jr. Technician: Administrative: $60.00 per hour $50.00 per hour $45.00 per hour $40.00 per hour $25.00 per hour Expenses for work required which is not covered in the above described items will be billed as direct costs without mark-up, direct costs would include such items as printing, long distance telephone calls and mileage reimbursement at $0.25 per mile. Mr. Dave Fisher February 21, 1990 Pa§e 3 If at any time during the evaluation and design of the herein stated proposed services it becomes apparent that the described scope of work changes, we will immediately notify you prior to makin§ such changes. Such chan§es will be considered additional services and will be billed at the above hourly rates. Invoices for our services will be billed on a monthly basis with payment due upon your receipt of the invoice. A service charge of 1%% per month will be billed for late payments. We are available to begin the work described herein upon our receipt of your written acceptance of this proposal/contract. Should you require further information or clarification, please call. Very truly yours, R "ay P.E. / RLM:cd Accepted this day of WITNESS ,' /'-V 1990 SIGNATURE WITNESS City of Sebastian POST OFFICE BOX 780127 r'1 SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECTs Police Car Donation to Indian River Community Approved For Submittal By: Agenda No. Dept. Origins City Manager Date Submitted: 02/22/90 For Agenda Ors 02/28/90 EXPENDITURE REQUiREDs AMOUNT BUDGETEDS APPROPRIATION REQUIREDs STATEMENT The City Council has approved the replacement of six (6) police cruisers. The new cars are expected to be in service in May. Historically, the replaced vehicles are declared surplus, and are auctioned. Section 2-65 of the City's Code authorizes the City Manager to sell, by bid or auction, City-owned property which has been deemed obsolete. Further, Section 2-64(j) authorizes the City Council to waive this bidding procedure for good cause. The Indian River Community College Criminal Justice training Center -- our major source of certified Police officers -- uses retired police cruisers for training. I would respectfully request the City Council authorize the Administration to transfer the title of two (2) cars -- with all usable equipment (ie. light bars, radios, etc.) removed -- to the Criminal Justice Training Center at Indian River Community College. The approximate value of each car is $1,000. RECOMMENDED ~CTION Motion to transfer the title of two (2) police cruisers to Indian River Community College. City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: City Attorney Contract Approved For Submittal By: city Manager ) agenaaNo. Dept. Origin: City Manager Date Submitted ,p2/15/90 For Agenda Of 02/28/90 Exhibits: Resolution No R-90-12 -First Amendment to Attorney Contract EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMAj~Y STATEMENT City Attorney Charles I. Nash has requested that his request for an extension of his contract be placed on the February 28, .1990 city Council Agenda. RECOMMEND~.D ACTION Review request with city Attorney. RESOLUTION NO.: R-90- A RESOIgJTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTUAL SERVICE AGREEMF~NT WITH CHA~T.w.S IAN NASH FOR THE PURPOSES OF PROVIDING LEGAL REPRESENTATION TO T~ CITY; PROVIDING FOR THE EXTENSION OF THE EXISTING CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CITY AND CHA~T.w.S IAN NASH; PROVIDING FOR CHART.RS IAN NASH TO UTILIZE THE SERVICES' OF OTHER PROFESSIONAL STAFF MEMBERS OF HIS LAW FIRM IN PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF ~SOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council and the current City Attorney are desirous of amending their current Contractual Service Agreement to provide for an extension thereof and to provide for the City Attorney to use other professional members of his law firm to provide legal services to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The City Council of the City of Sebastian, Indian River County, Florida, hereby agrees to enter into the First Amendment to Contractual Service Agreement with Charles Ian Nash, a copy of which is identified as Exhibit "A" to this Resolution and by this reference incorporated herein. Section 2. EXECUTION. The Mayor of the City of Sebastian is hereby directed to execute the First Amendment to Contractual Service Agreement as agent for the City of Sebastian. ~ CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ 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 s~ch invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was Councilman by Councilman vote, the vote was as follows: moved for adoption by The motion was seconded and, upon being put to a Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau 2 The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CiTY OF SEBASTIAN, FLORIDA By: Richard B. Votapka, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney FIRST AMENDS.TO ~NT~A, CTUAL SERVICE AGREEMENT This First Amendment to Contractual Service Agreement is made and entered into this day of , 1990, between the city of Sebastian, Florida, a Florida municipal corporation, whose principal office is located at 1225 Main Street, Sebastian, Florida, 32958 (hereinafter referred to as the "City"), and Charles Ian Nash, of the law firm of Frese, Fallace, Nash & Torpy, P.A., whose principal offices located at 930 South Harbor city Boulevard, Suite 505, Melbourne, Florida, 32901 (hereinafter referred to as the "City Attorney"). In consideration of the covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the city and the City Attorney hereby agree to amend the certain Contractual Service Agreement entered into on the 26th day of April, 1989, between the City of Sebastian and Charles Ian Nash as follows: 1. Paragraph 9 of the certain Contractual Service Agreement entered into between the City of Sebastian and Charles Ian Nash, dated April 26, 1989, and approved by the Resolution of the City Council in Resolution R-89-21 adopted by the majority of the city Council on April 26, 1989, is hereby amended to.extend the termination date of such Contractual Service Agreement until the date of the first city Council meeting in May, 1992, unless otherwise extended by mutual agreement. In all other respects, the provisions of the original Paragraph 9 shall remain in full force and effect. 2. The City Attorney shall be authorized to utilize other professional employees of the law firm in which he is associated to perform services on behalf of the City, from time to time, as the city Attorney deems advisable. 3. In all other respects, the Contractual Service Agreement entered into on the 26th day of April, 1989, between the City of Sebastian and Charles Ian Nash is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties to this First Amendment to Contractual Service Agreement have set their hands and seals hereto, on the day and year first above written. "City" CITY OF SEBASTIAN Attest: · Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) By: Richard B. Votapka, Mayor "City Attorney" Charles Ian Nash STATE OF FLORIDA ) ) ss COUNTY OF INDIAN RIVER ) Before me, the undersigned authority, personally came and appeared RICHARD B. VOTAPKA, the Mayor of the city of Sebastian, who, upon being duly sworn, acknowledged that he executed the foregoing First Amendment to Contractual Service Agreement, in his capacity as the Mayor of the City of Sebastian, for the purposes as therein expressed. In witness whereof, I have placed my hand and official seal, iX the County and State last aforesaid, this day of '~' , .... , 1990. Notary Public State of Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF ) ) ss ) Before me, the undersigned authority, personally came and appeared CHARLES IAN NASH who, upon being duly sworn, acknowledged that he executed the foregoing First Amendment to Contractual Service Agreement for the purposes as therein expressed. In witness whereof, I have placed my hand and official seal, in the County and State last aforesaid, this day of .... , 1990. Notary Public State of Florida at Large My Commission Expires: City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: ~olice Station Architect Approved For Submittal By: City Manager Dept. Origin: City Manager ) Date Submitted: 02/22/90 ) ) For Agen4a Of: 02/28/90 ) ) Exhibits: ) ) - City Manager Letter to Stottler ) Stagg & Associates dated 2/22/90 ) ) - City Manager Letter to Stottler ) Stagg & Associates dated 1/26/90 ) ) - City Manager Letter to Stottler ) Stagg & Associates dated 2/6/90 ) ) - Stottler Stagg & Associates Letter ) to City dated 2/7/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On February 2, 1988 the City entered into a contract with Stottler Stagg & Associates for planning and architectural services for a new police station. The contract called for two (2) reports prior to building design: "Needs Assessment and Programming" and "Site Investigation and Analysis". The final reports dated January 29, 1990 were reviewed by the city Council at its Regular Meeting of February 14, 1990. After reviewing the City Council discussion at the February 14, 1990 Meeting, the final report dated January 29, 1990 and other correspondence, I believe the City should sever its relationship with Stottler Stagg & Associates. RECOMMSND, .CTIO Move to terminate agreement with Stottler Stagg & Associates and the City of Sebastian dated February 10, 1988. · City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 FAX 407-589-5570 February 22, 1990 VIA.FAX Mr. Roy F{ Cowell Stottler Stagg & Associates 8660 Astronaut Blvd. Cape Canaveral, FL 32920 Re: Sebastian Police Station Dear Mr. Cowell: This letter is to request Stottler Stagg & Associates to voluntarily terminate its agreement with the City of Sebastian dated February 10, 1988. I believe it would be in the best interest of both the City and Stottler Stagg & Associates to terminate this contract at this time and for the City to engage another architectural firm to design a police station. After reviewing the February 14, 1990 meeting, your final report dated January 29, 1990 and the recent correspondence, it is apparent to me that the contract between us should be terminated prior to the design phase. I do not think the City Council can set a preliminary construction budget for a police station with any degree of confidence by utilizing the data and recommendations contained in the January 29, 1990 report prepared by Stottler Stagg & Associates. At its upcoming meeting of February 28, 1990, I will request the City Council to terminate the agreement between the City and Stottler Stagg & Associates. I hope to have your voluntary concurrence to terminate the contract. However, I regret to inform you that I will request the City Council to terminate the agreement with or without your concurrence. I regret that i must take this action. S i~erely~_ ,. 'Robert S. McClarY '5 city Manager RSM/jmt cc: Richard B. Votapka, Mayor & Sebastian city Council Charles L. Reynolds, Chief of Police Charles I. Nash, city Attorney ,lq3 City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-S330 FAX 407-589-5570 January 26, 1990 Mr. Roy F. Cowell Stottler ~tagg & Associates 8660 Astronaut Blvd. Cape Canaveral, FL 32920 Dear Mr. Cowell: This letter is to review the status of the contract between Stottler Stagg and Associates and the City of Sebastian for the planning and design of a police station for the City. SUMMARY AND CONCLUSION The Needs Assessment and Programming Report and the Site Investigation and Analysis Report should both be revised, completed and presented to the City staff and then the City Council for review. Based upon these reports and reviews by the City and the City Council's adoption of a preliminary construction budget, Stottler Stagg should then submit a proposal for design services based on a fixed fee. BACKGROUND On February 10, 1988, the City entered into a contract with Stottler Stagg and Associates %o assist the City in developing and constructing a new police station. The contract was generally in three (3) parts: 1) Needs Assessment and Programming 2) Site Analysis and Investigation and 3) Architectural Design. In March, 1988 an assessment report was submitted to the City. in September, 1988 the assessment report was revised and resubmitted to the City. in December, 1988 a conceptual schematic was submitted to the City. In March, 1989 a site analysis report was submitted to the City. September, 1989 concerns were expressed by the City Council. On October 11, 1989 the City Council instructed the City Manager to renegotiate the contract with Stottler Stagg and Associates. Mr. Roy Cowell Stottler Stagg & Associates January 26, 1990 Page #2 Also on October 11, 1989 a conceptual site plan of the proposed Chesser's Gap site was submitted. Meetings or phone calls were held between the City Manager and Stottler Stagg and Associates in November and December, 1989 and in January, 1990 to review the work done to date and to discuss Stottler Stagg and Associates' future role with the City. NEEDS ASSESSMENT AND PROGRAMMING As noted above, the Needs Assessment Report was first submitted to the City in 1988. A revised report was submitted in September, 1988. After a review of this report, I find that it should now be completed to include the following required items: 1. Your contract required a review of the organizational structure of the police department to determine the extent future changes in the organization and staffing levels would impact the new facility. The report should describe in detail this review and should include a table of organization of the police department under existing and proposed conditions. The organizational structure of the police department will greatly impact the elements and space requirements of the building. 2. The contract requires Stottler Stagg to meet with police personnel to determine space needs and adjacency needs for each operation to be housed within the new facility. This evaluation should be described in detail within the report. 3. The contract required the architect to review available population and demographic projections to help establish current and future space needs. The figures in the September,, 1988 report should be reviewed and updated where necessary. 4. Your contract requires you to assist the police department with establishment of space standards which will be used to project the final scope of the facility. The report should detail the rationale of the standard of 220 square feet per employee and to cite the basis for such standards. 5. The contract requires the development of a conceptual floor diagram to illustrate the project components based on the projected square footage and proposed space adjacency needs. The space adjacency needs analysis should be described in the report and reflected on a conceptual floor diagram. Mr. Roy Cowell Stottler Stagg & Associates January 26, 1990 Page #3 6. You are required to generate an estimate of probable construction costs. The latest report uses a figure of 885.00 per square foot for construction costs. The report should detail the basis of this estimate and comment on any off setting factors such as local conditions, alternate building designs or other factors which may modify that figure or to provide a low to high range. SITE INVESTIGATION AND ANALYSIS 1. The contract required the architect to assist the owner in determining site selection criteria. The report should detail the criteria which was utilized. 2. The contract required the architect to identify potential sites. All potential sites should be identified in the report. 3. As part of the site analysis, you are to review regulations and restrictions of sites. The report should address whether or not the selected site is impacted by restrictive covenants, the conditions outlined in the dedication agreement, zoning requirements or other land development code requirements. 4. The contract requires Stottler Stagg to identify existing conditions and constraints. Any such conditions or constraints should be detailed in the written report. 5. The contract required the architect to review site accessibility and site access. While the conceptual site plan submitted shows access points, the report should detail the accessibility of the property from the standpoint of County regulations since both Fleming Street extended and the proposed eastern access Would intersect with C.R. 512. 6. The contract required the architect to determine utilities accessibility. All utilities should be addressed including electricity, water sewer or other applicable utilities. ' 7. You are required to prepare a preliminary site plan for the site selected by the owners indicating the location of the building including analysis of project vehicular, pedestrian, parking and open space Patterns. Since the City has completed a survey of the property, the architect should now be able to finalize the preliminary site plan. Mr. Roy Cowell Stottler Stagg & Associates January 26, 1990 Page #4 REPORT SUBMITTALS Stottler Stagg should now complete the needs-assessment and programming report and the site analysis and investigation report. ~These reports should first be reviewed by the staff including-%he City Manager, City Planner, City Engineer and Chief of Police. Upon completion of staff review, revisions, if any, would be incorporated into the report for presentation to City Council. i suggest that the report be presented to City Council at a Workshop Meeting so that the City Council may review with the architect the details of the report. The reports should contain specific recommendations to the City Council which would provide sufficient detail for the City Council to approve a preliminary construction budget on which to base a fixed fee architectural design contract. Additionally, I feel Stottler Stagg should appoint its project architect and that the project architect's resume be submitted to the City Council for their information. CONCLUSION The required reports for Needs Assessment and Programming and Site Analysis and Investigation must be complete and comprehensive as these two (2) reports will be the basis of City Council decisions in completing this project. Upon completion and review, the City Council can approve a preliminary construction budget. Therefore, you should be able to develop a proposed scope of services and fee for professional services. I look forward to receiving final reports as outlined above. Sincerely, RSM/Jmt cc: Richard B. Votapka, Mayor & Sebastian City Council Charles L. Reynolds, Chief of Police David W. Fisher, Engineering/Public Works i~-IilalT *'A'* -I:'ROJEC'r DF.,S~I, XFrXc~ ,, The pro~ec~ ae understood ~ the Architect rill be a net~*#eadquartet~ facility for the Police ~epar~ment~ The Architect will perform ~reg setvices~ (2) site Analysis and, Investigation (-3) Architectural ~e size and scope o£ ~e ~acili~y will b~ detetnttned du~ih~ the ~e~dS assessment phase. The location of ~e proposeB ~aciiity ~ill be 8etermineB tollovin~ cc..ple~ion o~ the The O~net Viii approve a construction budge~ prior to t. ha 'Atcht~ac~ commencing design. r. The facility may be constructed in phases ~o accommodate &vailabl~ funds. {D~I4IBiT oTm~ CC~T~S O. S~mV]CES 12.1 Needs Assessment and - Il) Review. organizational ~t:UctUre o~ ~n~ to ~hak extent [utur@ changes in the organization and staining level~ will impact the ne~ ~actlt~y {~) Meet with police pe=sonnel to de~ermine space need~ and adjacency meeds [o= each ope=atiun to be housed ~ithin the ne~ ~acilt~y {~1 To =evie~ ava11- able population and demugraphic pro}ection~ ~o help e~tablish on~ren~ and o~ s~ace s~andards used ~o p~ojec~ the ~nal scope, o~ the ~cility (~ Basedml the projected sqt~ {ootage ~ propos~ ~l~ct.Nd~Ncency ne?s, develop a conceptual floo~ diag~a~ to illustrat~ the p~oJ~ct components 16) To provide an estimate of p~obable conS~ructiou costs. CO~ENSATION SHALL BE BASED ON PROFESSIOtlAL ~EE OF ONE TI~AND ($1,000} PLUS CO[~PENSA- TION FOR SERViCeS I~m~BY PRINCIPALS AND E~LOYL~ IN T[I~ 9AM~M~ $5,000 UNLESS APPROVED BY TH{~O~ IHWlqlTING. 12.2 - (1) A~si~t the o~ec {n Betemina~ion ~ions and cestcictions o{ sites 14) ldenti~y existing conditions and constraints 15) RevieV site accessibility a[nd §ire acces§ u~ili~ies accessibility' 16{ Prepare pceliminacy si~ plan selected ~.~e ~ecS, i~ica~in~ ~e location o{ th{ ~ilding, including analysis u[ projec~ed,vehi~lac, ~des~ri~, pa~kin~, ~d u~n space pat- ~ P~FESSY~ ~ OF ~ ~~ ($1,000) PLUS C~SATI~ VICES ~~ BY PRI{IP~ ~ ~~ES IN ~E ~ { ~ DES~IB~ IN ~P~~ 11.3.1. ~ ~ ~IS P~E~ ~ ~C~ Sd,000 ~ESS CiO, of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 February 6, 1990 Mr. Roy P. Cowell Stottler-Stagg & Associates 8660 Astronaut Blvd. Cape Canaveral, FL 32920 Re: Final Report Phases I & II - Sebastian Police Facility Dear Roy: I have reviewed the final draft of the report referenced above and offer the following comments and questions: 1. In paragraph 4 of your transmittal letter and in paragraph 5 of the "Executive Summary,,, on page I -1, you refer to receipt of special State funding and receipt of any funding sources based on State accepted population numbers What are you talking about? ' 2. Figure 1 following page II - 3 is the "Adjacency Diagram" which indicates the interrelationships of the various functions of the police department. I think you would find a normal contact between patrol and investigation and a significant contact between patrol and records. I suggest that you review this with Chief Charles L. Reynolds. 3. On pages II - 4 and II - § you discuss space standards for certain areas of the building. However, you do not describe the following areas and related size: Holding Area, three (3) holding spaces of 276 square feet; Lab, 121 square feet; Booking, 176 square feet; and Mechanical/Electric, 480 square feet. Three holding cells and 480 square feet for mechanical/electrical seems like a lot of space. The report does not justify a 300 square feet office for the Chief of Police (my current office is square feet). What is the 24 ~ square feet space off the Chief's office? This building does not need an "executive washroom" or private cloakroom. A 320 square feet armory seems large. Also, will there be an employee lunch room? Mr. Roy Cowell February 6, 1990 Page #2 4. on page II - 7 under "Investigations", ~ou describe the investigations area. Among other things, you state that "the private interview rooms are necessary to protect witnesses being examined by investigators". I don't know what this means. 5. On page II - 7, you discuss officer restrooms and provide for two (2) Shower/Dressing areas in the men's area. I feel certain that this is at least one (1) shower too many, soley based on my past experience. 6. On page II - 8, you discuss "General Architectural Considerations". I understand that some areas within a police station should be secure. However, I do not understand the need for limiting window areas and maintaining a minimum of six (6) feet from floor level to windowsill height in all areas. Your report recommends these security measures for all areas including training/community space, training/ community relations officer, the Chief's office, investigations office, investigations, patrol room or public areas. Why would these areas need this kind of security? 7. In reviewing the "Probable Space Needs", I find an office for Investigations Officer which I presume would house the Investigations Division Lieutenant under our present organizational structure. However, where would we house the Patrol Division Lieutenant under our present organizational structure? 8. I note that the construction estimate of $935,000 as presented on page II - 9 excludes communications equipment, specialized security, equipment and furniture. 9. On page III - 1, you review evaluation criteria for the "Site Analysis". You state that "Although the initial report format called for evaluation based on: Regulations and.. Restrictions, site Accessibility and Access and Utilities, SSA amended that approach to provide for evaluations based on location, size, accessibility and cost." While you may deem these areas to be not significant or not important, they are, nonetheless, a required part of your contract. I respectfully disagree with your assessment of the significance of these items. Your report does not address the accessibility of the Chesser Gap site and whether or not it is restricted by County regulations on CR 512. Additionally, the survey plat shows that a power line crosses the proposed site as well as an access road. Do these restrict the site? Mr. Roy Cowell February 6, 1990 Page #3 10. On page III - 3, you discuss site considerations and state that the twenty-five (25) foot access easement is for "emergency access to CR 512 only". Why would you restrict this traffic to emergency egress? I shall appreciate your response to these items and ask that you amend th~ reports where appropriate. Should you have questions, will you p_!ease call? cerely, Robert S. McClary City Manager RSM/jmt cc: charles L. Reynolds, Chief of Police Stottlar Stagg & Am oc;ate, e Architects Engineers Pla" nrrs Ir,.¢. Astron=ut Boulevard C~ ~'. ~v,.AI Fl',f~a 3~20 (4D71 783-1320 Telex: 510-958.2360 851 CAV L Flx~ 407 783-7065 February 7, 1990 (FAX) Mr. Robert S. MoClary City Manager P.O. BOx 780127 Sebastian, Florida 32978 Re: Final Report Phases ' & It Sebastian Police Fac dt.v Dear Rob, Reference your FAX, February forwarded for your consideratio No specific funding sourc~ consideration given to an~ cases relates to populatio~ The adjacency diagram w significant contact betwee your suggestion, a normal this has not been discuss( 3. t!~e ! ~llowlng responses to your questions and comments are I. ~ h;.~ e been identified. This comment refers to the general luf'.d;n:l potential by state or federal agencies which In many as we1 as soclo-economic factors. s ~J,~vc,ioped Jointly by Chief Reynolds and myself. The , i~tlo~ and records was made at our meeting of February 5. At cc, r~t~tc, between patrol and investigators was made, although d ~[t~ Chief Reynolds. Space standards for man:~ fur,c~.ic, ns are variable depending on the specific equipment or requirements of Individual :)<:,lice ,:lepartments. Remember, this is a concept plan only and subject to two further clesl,in stcp~, schematic and design development phases. Holding areas of 6'x8' or ~ determined by the Depart~ Administrative Code at th( x ~,'~' a: e in the average range. Final delineation will be ~en! of Corrections standards provided in Chapter 33-8 approi)riate time. The Booking and Lab arel and function. However, ff and two officers, for a reis close proximity to each ct! deemed adequate. are l;~xlble again depending on final resolution as to equipment nor~ al occupancy level of these areas ts three, one suspect [very s!~ort period of time. Since suspect and officer will be in el ~1 ~'1 times, the approximately 120 square feet per person is Mr. Robert 8. McClary February 7, 1990 Page 2 The most undersized roons ~r~ ~ny building In the early stages of design are always the electrical/mechanical area '.. 'r ha ~quare footage indicated has been checked by our engineers and deemed ap, ~r<~l.,r:a~e for the special needs of this facility, Numerous separate circuits, requlrerr, ~nt.~ fo'.' back-up systems and UPS systems require more spa~e than would normally be pr, vi.,.-Ied for a building of this size. The off/ce for the Chief of ..'=oli,~ i~ designed to a~ommodate a small conference area. Staff meetings, meetings ~. ith public officials, and meetings with citizens can be held in the Chief's O~lce, eliminating l:}e r~eed for a conference room. Comparing new office space with present Inadequate sl ac(, Is not a measure of need. The 24 square feet is indeed a toilet facility, not an 'exact '.iv~ we,$hroom." This space would provide for a watercloset and lavatory and would be use I by visitors to the Chief's office as well as the Chief. We can not Imagine that the DepartmE ~t's h~nest ranking officer would be required to use either the public facilities In the Iobb~, sE-curily and image, nor the officers restroom/shower room, Image. The Chief and I have disc~, s$~d t},e Armory and based on his suggestion it will not only be reducad in size but will als ) be re'ocated closer to Investigations and Evidence. A revised plan will be Included In th~ repod. No lunch room has been provided In the Communlc Incorporated near the inve space. *ovld.)¢: although a coffee area, small refrigerator and sink will be Area. II desired, a small break area can easily be ~ti~l~lio~s and Patrol areas. Earlier concepts Included such a Investigation officers have ~>cca si:)n to Interview witnesses Io and victims of crimes. In order to protect either Ider ,Ity o? confidentially, private interview rooms should be provided. The days of Hill Street Blu-,s, r~un Apache, the Bronx or Barney Miller-type detective areas are long gone, The year 2000 projection ,. ! ten p~,tr01 officers per shift indicates the need for minimum of two showers. If necessaq, the N.'o individual shower Stalls could be combined into one gang shower with two sho '/er he~,ds. The difference in cost iS insignificant, Otflcer comtort and privacy in a job that o 'e~ s I~tt~e of either should be considered. Violent crimes are on the ~ p s'~in~l in this country, and as Sebastian grows there Is no indication that It will be an. different. Retaliation against authority is a major concern. No officer or employee shouk be pta:,-ed in jeopardy from a potential snlpor or bomber, Adequate but limited wind ,~ 3re~ :s are reoommended by the IACP as well as sill heights above Shoulder height. Mr. Robert S. McClary February 7, 1990 Page 3 I can not find any referent; to .~e,~urJty measures for training/community space, tralnlnglcommunlty ralatlo ,s oflic~.tr nor public areas except to ensure security between public areas and the rema'ncler o~ the facility. Security for the Chief and the Investigations and patrol areas is a signl'; c~t c,~ncem and should be provided. As Chief Reynolds can relate, they once found a I. omb Ir. the locker room in a police station where he served. The criminal bent on retaliatlor ha~ nu fear or limits, This spa__ce has now been )rovl,Jcd and will be shown on the revised concept plan per discussions with Chief Re, noids ~tt our last meeting. 8. Correct, To conduct evaluations ol -n:~i~lif;cant value and exclude those ol significant value -- cost was not a required part of :h~. coy,tract -- would only serve to meet contractual needs, and not respond to the true co~,ce~ n~ of the project. The report does address I' ~e ~cc, csslblllty of the Chesser Gap Site, Figure 6, Site 11. The question of County Regul~ tlor=s can now be resolved as regards egress, since I am now, as of February 5, 1990, in po.;s~.t:;~-icn of the property survey. The questions relative to the power line and access ro~ 3 ars v-~lld and again, now that the survey has been provided, will be investigaled. Howevel I lali t~ understand the City entering into an agreement with the Owners without quastioni~ ~ ~.h~s0~ issues. Apparently the surveyors were not given the instruction to verify any e~ ~em(,nts or encumbrances on the site. 10, SSA did not restrict lhis tr. ffic t,) .~mergency egress. You will note on the survey prepared for the city the note, *Parc ~1 C", 25' Emergency Egress Easement. Earlier sketches provided by the owners h~.d ~r, dic~ted a 50' easement, Rob, please understand that ti~, ~ C..:>nceptual Floor Plan is just that -- a concept. Many mlnor modifications will be made durl ~g lh,~ actual design process. As mentioned numerous times, each and every police station i' ¢il!er~nt and must be designed to meet the needs of the department and the communlt~ Very truly yours, STOTI'LER STAGG & Ag$O{.'iA'rES Architects Englneem Planna~ · i;tc. Roy F. Cowell, AiCP Senior Vi~e President RFC/dll cc: Chief Reynolds I~RESE, I~ALLACE, I~ASH & TORPY, P.A. ATTORNEYS AT LAW February 2, 1990 930 S. H~BoR CI?Y BLVD, SU~?~ 505 ~[]~LBOURNE. I~LORIDA 32901 (40~) 984-3300 F~ (407) 951-3741 Robert S. McClary, city Manager City of Sebastian P. O. Bo~ 780127 Sebastianv FL 32978 Re: Request for Reimbursement of Attorney's Fees/ George M. Metcalf City of Sebastian Our File No. 89-4827 Dear Robb: Please be advised that I have received additional information from former Councilman George Metcalf regarding the attorney fees he incurred in connection with the various attempts to bring civil and ethical charges against him and to pursue a recall election relative to certain actions he took while serving as City Councilman. It is my opinion, at this time, that the amount of fees and costs which former Councilman Metcalf incurred were reasonable and were related to his efforts to defend himself against the various civil and ethical charges and the recall petition. However, with respect to the issue as to whether the city has a legal obligation to reimburse former Councilman Metcalf for those legal expenses and costs, it will need to be determined whether his actions in the subject matter were within the scope of his duties as a City Councilman and were conducted for a valid municipal purpose. This type of decision should be considered by the City Council as the finder of fact. If former Councilman Metcalf does not concur with the findings of the City Council, he can always proceed in an action against the City Council through the judicial system. I realize that this matter was discussed at a recent city Council meeting, but I am not sure if the city Council made a specific finding in this regard. You may wish to set this matter for action by the city Council at its February 14, 1990, City Council meeting as an agenda item. You may wish to give notice to former Councilman George Metcalf of that agenda item and give him the opportunity to be heard, to present evidence (including witnesses) and to cross-examine any witnesses testifying on Robert S. McClary, City Manager February 2, 1990 Page 2 behalf of the City. Please note that I am not suggesting that there is any due process hearing required in connection with this decision, but City Council may wi~h to deliberate in such a manner. If you have any questions regarding this matter, please do not hesitate to contact me. Very tr~u~y yours, FRES/E~FALLACE, NASH & TORPY, P.A. C~har e~s ian~Nash City Attorney CIN/slm FRESE. FALLAOE, I~ASH & TOi{PY, P.A. (}ARY B. FI{ESE t JAMES H. FALL,ACE V~NCE~T G. To~. J~. ELISE A, ~INGER ~C~D ~. ~ORPY G~OORY S. ~sg~ ATTORNEYS AT LAW February 2, 1990 930 $. ]~aHBOR CITY BLVD. SU,?E 505 ~LBOU~. ~LORIDA 32901 (40~) 984-3300 ~ (407) 951-3741 Robert S. McC'lary, City Manager city of Sebastian P. O. Box_780127 Sebastian, FL 32978 Re: Dorothy Doucet f/k/a Dorothy McKinley Our File No. 89-4826 Dear Robb: Enclosed with this letter please find a copy of my correspondence to James T. Long, Esquire, dated February 2, 1990, for your reference. Very truly yours, FRE~AL~CE, NASH Charles Ian Nash City Attorney & TORPY, P.A. CIN/slm Encl. i~i~ESE, i~IALLACE, I~ASH & TOKPY, P.A. A??o~N~m~s ~? LAW GAay B. l~,~s,~ $ JAM~S IH. i~ALZ~Cm CHAI~L~-S ~ NAS~ ' V~C,~T G. To~Py. J~. February 2, 1990 Jame T./~ng, Esquire JAMES T. LONG, P.A. ro Beach, FL 32961-0426 / Re: Request for Reimbursement of Legal Fees/ / Dorothy DoUcet f/k/a Dorothy McKinley City of Sebastian Our File No. 89-4826 930 S. ~oR CITY Bt-~D. SUITE 505 ~-~lr'tmOV~lqw, ~O~DA 32901 (407) 984-8300 ~ (40~) 951-8~41 T~TIO~ Dear Mr. Long: On January 2, 1990, I forwarded a letter to you concerning the captioned matter, a copy of which is enclosed herewith for your reference. I have not, however, received any response from you in accordance with my request. Therefore, I can only conclude that your client has decided not to further pursue this matter. Very truly yours, FRESE, FALLACE, NASH ~'1~~ Ian Nash City Attorney. & TORPY, P.A. CIN/slm U/cc: Robert S. McClary, City Manager JAMES H. I~ALLACE CHAaLES L~ ~S~ ~ VINCENT G. TO~PY. JR. ~C~D E. ~REOOaY ~. ~RES~, i~A/~LAOE, I~ASH & To~Y, P.A. ATTORNEYS AT LAW 930 S. ~o~ 0~TY BLVD. SV~T~ 505 ~LBOURNE, ~LOKIDA 32901 (407) ~8&.3300 ~ (40T) 951-3T41 James T. Long, Esquire JAMES T. LONG, P.A. Post office Box 426 Veto Beach;- FL 32961-0426 January 2, 1990 Re: Request for Reimbursement of Legal Fees/ Dorothy Doucet f/k/a Dorothy McKinley city of Sebastian Our File No. 89-4826 Dear Mr. Long: in response to your letter to Robert S. McClary, city Manager of the city of Sebastian, dated December 12, 1989, please provide me with the following documentation in support of the request of your client, Dorothy Doucet, for reimbursement of attorney's fees incurred to obtain the Preliminary Injunction in Case No. 84-277- CA-17 before the Circuit Court of the Nineteenth Judicial Circuit. in and for Indian'River County, Florida, in the matter of Dorothy' McKinley v. Deborah Kraqes. City Clerk of Sebastian: 1. Itemized statements for professional services indicating the date, amount of time and description of all legal services rendered to Ms. Doucet; Evidence that payment was made by Ms. Doucet of the attorney's fees charged; and, Documentation or statements indicating how the matter was finally disposed of after the Preliminary Injunction was granted in favor of your client. ., , . ?,' The aforementioned information and documentation is requested to establish that your client is entitled to be reimbursed for.j, reasonable attorney's fees incurred by her in accordance wi~h the~ ' ~' ' ~- 'i'I '~"-': 'i~:,.~ ,;. James T. Long, Esquire January 2, 1990 Page 2 criteria set forth in Attorney General Opinion 89-69, issued by the Honorable Robert A. Butterworth, Florida Attorney General, on October 6, 1989. ' Thank you for your cooperation in this matter. Very truly yours, City Attorney & TORPY, P.A. CIN/slm cc: Robert S. McClary, CitY Manager City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) $89-$330 FAX 407-589-5570 SUBJECT: Report on Bid Results on) Public Works Projects ) ) ) Approved For Submittal By: City Manager , "~/%~ Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: None Public 2-22-90 2-28-90- EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Bids will be received on Monaay and Tuesday, FEbruary 26-27 regarding the following items: 1) BARBER STREET SPORTS COMPLEX 2) BOONE PARKING LOT 3) TENNIS COURT RESURFACING 4) RIVERVIEW PARK NEW TOILET FACILITY The staff will report on bid results to the City Council Wednesday night, February 28, 1990. Because the projects should begin as soon as possible, staff is asking the City Council to award bids at the workshop meeting ~.~~D~D ~9C~N Move to hold special City Council meeting on March 7, 1990 in conjunction with the regular workshop meeting for the purpose of awarding bids.