HomeMy WebLinkAbout04041990The following is a list of actions taken at the April 4, 1990
Workshop Meeting.
10.
11.
12.
13.
14.
15.
16.
17.
18.
90.104 - Utility Systems of America, Inc. - burn variance
approved - letter to them - copy minutes to DCD,'
PW/Engtneering - attach memo to minutes - file 90 burn
permits .
90.105 - BSSC sports lighting installation - Gerald R. Page
Corp. - waiver of bid procedure - approved - not to exceed
89360 - letter to them - copy minutes to PW/Engr - file
purchases BSSC - attach memo to minutes
90.091 - mail VBHS chorus proclamation to appropriate party
- ask JoAnne T. or Robb~-~,~.~c.~ ~~
89.003 - Beller non agenda item - re: Cutler bill - no
action required
90.092 - City Dept. Orientation - no action required
90.093 - City attorney to draft ordinance - National
Electrical Code - no time certain
90.094 - City board application revision approved - copy to
form folder - done - put new form in "handbook"
90.094 - Resolution - city boards approved with amendments -
place on 4/11/90 agenda - done
90.058 - Accessory buildings - memo illegible ~ put aside to
future date - staff will do recommendation - no .time certain
Manager requested to look into GDC fire hydrant pressure
Manager requested to look into removing abandoned vehicle -
Golf Course
Motion - Manager to look into paving road and parking lot at
Golf Course and other improvements
Discussion - Police Facility - 4/11/90 agenda
Manager to obtain plans for north county sewer plant
City Attorney to look into possible liens against GDC
properties
Golf Course restaurant lease - 4/11/90 agenda (was not
prepared for this agenda)
90.095 - Remove Airport Moratorium - 4/11/90 agenda
Eliminate airport hotline - 4/11/90 agenda
19.
20.
21.
22.
23.
Attorney to report on abandoned buildings - 4/11/90 agenda
Oberbeck requested posting of "boat trailer parking" sign -
Boone parking lot
89.003,- Disassociation of service - E. Cutler -'4/11/90
agenda
City Attorney to provide list to council - law firms which
will work on contingency basis
90.096 - Attorney to draft ordinance to remove language in
code of ordinances re: Airport Director and Airport Board -
no time certain - also mail resolution adopting Job
description for Airport Director ~o Charlie
APRIL 4, 1990 CITY COUNCIL WORKSHOP MEETING
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.
6. pUBliC INPUT
A. Non-Agenda Items
89.003
Harry E. Beller, M.D. - Cutler & Stanfield
Fee and Payment
(No Backup)
90.092
7. WORKSHOP ITEMS
City Department Orientation
1. City Manager Recommendation dated 3/29/90
w/ backup (individual breakdowns for each
department
90.093
Discuss Adoption of the 1990 National Electrical
Code
1. Staff Recommendation dated 3/29/90)
90.094
Discuss Amendment to Resolution No. R-89-13 -
.~ity Boards and Suqgested New Application Form
1. Staff Recommendation dated 3/29/90
2. City Clerk Memo dated 3/29/90
3. City Clerk Memo dated 4/10/89
5. 'Current Application Form
6. Proposed Application Form
7. Proposed Resolution
90.058
Discuss Proposed Amendment Concernin~
Restrictions on Accessory ~
1. P & Z Recommendation dated 3/29/90
2. Memo from Kinchen dated 3/23/90
9. COUNCIL MATTERS
A. Vice Mayor Oberbeck
90.095
Discuss Airport Moratorium
1. Minutes of 1/2/85 City Council Workshop
Meeting
D. Councilman Rondeau
89.003
Disassociation of Service - Special Attorne%[u
Eliot Cutler
(No Backup)
11. CITY MANAGER MATTERS
90.096
Discuss Amendments to Section 3.5-5 Code of
Ordinances
1. City Manager Recommendation dated 3/29/90
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, APRIL 4, 1990 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL 'PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
PROCLAMATIONS/ANNOUNCEMENTS
90.091 A.
Proclamation - Vero Beach High School Chorus -
April 7, 1990
89.003
6. PUBLIC INPUT
A. Non-Agenda Items
A. Harry E. Beller, M.D. - Cutler & Stanfield
Fee and Payment (No Backup)
B. Agenda Items
90.092
WORKSHOP ITEMS
A. City Department Orientation (City Manager
Recommendation dated 3/29/90)
90.093
Discuss Adoption of the 1990 National Electrical
Code (Staff Recommendation dated 3/29/90)
90.094 C.
Discuss Amendment to Resolution No. R-89-13 -
City Boards and Suggested New Application Form
(Staff Recommendation dated 3/29/90, City Clerk
Memo dated 3/29/90, City Clerk Memo dated
4/10/89, Proposed Resolution, Proposed
Application Form, Current Application Form)
90.058 D.
Discuss Proposed Amendment Concerning
Restrictions on Accessory Buildings (P & Z
Recommendation dated 3/29/90, Memo from
Kinchen dated 3/23/90)
8. MAYOR'S MATTERS
9. COUNCIL MATTERS
A. Vice Mayor Oberbeck
90.095 1. Discuss Airport Moratorium (Minutes of 1/2/85
City Council Workshop MeetinG)
. ~.~/~ / '~ .-~-,
C. Councilman Powell
89.003
Councilman Rondeau
A. Disassocia%ion of Service - Special A%%orney,
Eliot Cu%ler (No Backup)
90.096
11.
CITY MANAGER MATTERS
A. Discuss Amendments to Section 3.5-5 Code of
Ordinances (City Manager Recommendation dated
3/29/90)
C. iO, of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
90.091
89.003
90.092
90.093
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, APRIL 4, 1990 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
5. PROCLAMATIONS/ANNOUNCEMENTS
Proclamation - Vero Beach High School Chorus -
April 7, 1990
6. PUBLIC INPUT
_A. Non-Agenda Items
Harry E. Beller, M.D. - Cutler & Stanfield
Fee and Payment (No Backup)
B. Agenda Items
7. WORKSHOP ITEMS
City Department Orientation (City Manager
Recommendation dated 3/29/90)
Discuss Adoption of the 1990 National Electrical
Code (Staff Recommendation dated 3/29/90)
90.094
90.058
90.095
89.003
DISCUSS Amendment to Resolution No. R-89-13 -
City Boards and Suggested New Application Form
(Staff Recommendation dated 3/29/90, City Clerk
Memo dated 3/29/90, City Clerk Memo dated
4/10/89, Proposed Resolution, Proposed
Application Form, Current Application Form)
Discuss Proposed Amendment Concerning
Restrictions on Accessory Buildings (P & Z
Recommendation dated 3/29/90, Memo from
Kinchen dated 3/23/90)
8. ~ MAYOR'S MATTERS
9. COUNCIL MATTERS
Vice Ma_~or Oberbeck
1. Discuss Airport Moratorium (Minutes of 1/2/85
City Council Workshop Meeting)
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
Disassociation of Service - Special Attorney,
Eliot Cutler (No Backup)
10. CITY ATTORNEY MATTERS
11. CITY MANAGER MATTERS
90.096 A.
Discuss Amendments to Section 3.5-5 Code of
Ordinances (City Manager Recommendation dated
3/29/90)
12. -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.)
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:: City Council
Orientation
Approved For Submittal By:
City Manager ~ ~ ,..
) Agenda No.
)
) Dept. Origin
)
)
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits
)
City Manager
3/30/90
4/4/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SuM~y STATEMENT
The International City Managemen~ Association recommends its
membership conduct training sessions for all candidates for
elected office. Such meetings are designed to acquaint
candidates with the day-to-day operations of the Administration.
Alternatively, with the same objective, I have decided to present
to the entire City Council an orientation program.
On April-4th, I have scheduled presentations by your Charter
officers -- the City Clerk, the City Attorney and me -- as well
as by the Finance Director and the Public Works Director/City
Engineer. After each presentation, you will have an opportunity
to ask questions. On May 2nd, you will have presentations by the
Community Development Director, Police Chief, and Golf Course
Business Manager.
To assist you, the following back-up material has been assembled
for each presentation: (1) enabling legislation from the city
Charter and/or Code of Ordinances; (2) current table of
organization; and (3) outline of the department's activities.
As you review the back-up material, if you have questions, I hope
you will call me.
R~0MMENDED ACTION
No city Council action is required.
Sec. 2.10. Council~employee relationship.
Neither the citv council nor any o1' its ~n(':ml.)ers shall in any
manner dictate the appointment or removal of any city employee
except the charter Officers nor shall tl~e council or any of its
members give order~ i,o any employee, other than council orders
to a charter officer. The council or its members shall implement
all policy mat~ers through the appropriate charter officer. (Ord.
No. 0-88.43, ~ 4, 1-11-89)
Noie~See l.t~, editor's ~i~.~ n,,i~, ~bll.winr¢ ~ 2.09.
ARTICLE Ii. CiTY COUNCIL AND CITY MANAGER*
Sec. 2-15. City manager.
(a) The city manager shall be the chief executive officer of the
city, appointed by the city council. The city manager shall be-
come vested in accor~dance with the employment agreement be-
tween the city manager and the city.
Co) Throughout this Code of Ordinances the word "mayor"
shall mean "city manager," except in the following instances(s):
(1) Section 21-1, "Declaring State of Emergency."
(Ord. No. 0-88-04, § 2, 2-10-88)
Charter reference--Powers and duties of city manager, removal of officers, §
3.04.
Sec. 3.04. City manager; powers and duties.
(a) The city manager shall be the chief administrative officer
of the city.
Co) The city manager, when necessary, shall appoint, suspend,
demote, or dismiss any city employee under his jurisdiction in
accordance with the law and the personnel rules of the city and
may authorize any department head to exercise these powers
with respect to subordinates in his respective department.
(c) T,.he city manager shall direct and supervise the adminis-
tration of all departments of the city except the offices of ~;he city
clerk and city attorney. He shall attend all council meetings
unless excused by council and shall have the right to take part in
discussions, but not vote.
(d) The city manager shall see that all laws, Charter provi-
sions, ordinances, resolut, ions, and other acts of the council sub-
ject to enforcement by the,city manager are faithfully executed.
(e) The city manager shall also prepare and submit the annual
budget, budget message, and capital program to the council and
shall keep the council fully advised as to the financial condition
and future needs of the city, and shall make such recommenda-
tions to the council concerning the affairs of the city as he deems
desirable.
(f) The city manager shall designate a qualified city. employee
to exercise the powers and perform the duties of city manager
during any temporary absence or disability of the city manager.
The council may revoke such designation at any time and ap-
point another eligible person, other than a sitting councilman, to
serve as acting city manager, fOrd. No. 0-88-43, § 14, 1-11-89)
I. City Manaqer Form of Gove~ent
Analogy to a private corporation with a board of
directors who de. termine policy and a chief
administrative officer who ~mplements that policy
American-created local government structure has
been identified as "the standard against which
other forms of local government are measured"
(Public Management, 7/85)
The first city to institute the position' of
"general. manager" was Staunton, Virginia in 1908
Council/Manager government is one of cooperation
-- not conflict
William Hansell, Executive Director of the ICMA,
has specified the responsibilities of the
elected council and the professional manager.
He states: ~,
"Elected officials perform the task for which
they are best qualified -- making policy and
moderating the level and the standards of
service and commitment in the community. A
professional manager is responsible for the
day-to-day operations of the government and
for the delivery of services." (Public Manage-
ment, 7/85)
Frank and Fran Aleshire in the National Civic
Review create the image of a city manager as
"... someone running on a log in the middle of
a flowin~ river, simultaneously trying to
juggle five balls with one hand while cheerily
waving to the folks with the other." (5/77)
In 1988, a charter change implementing the
Council/Manager form of government became
effective
- 2 -
II.
city Manager's Resmonsibiliti~s
A. Addressed in Section 3.04 of the City's Charter
B. City Manager's responsibility to
1. direct and supervise the administration
of all departments of the City -- except
the offices of the City Clerk and the
City Attorney
2. ensure that all actions of the city'~ouncil
are faithfully executed
3. prepare and submit to the City Council an
annual operating budget, budget message,
and capital improvement program
4. keep the City Council fully advised on the
city's financial condition and future needs
III.
city Manaqer's Off, ice
A. City Manager
1. 18 years local government experience
2. Bachelor of Science degree in Public
Administration from Southwest Missouri State
University, Springfield, Missouri
3. worked in four cities in four different states
B. Assistant City Manager
1. authorized in the current year budget
2. hired Jo Anne Townsend in December, 1989
(a) six years Florida local government
experience
(b) Master's degree in Public Administration
from Florida Atlantic University
3. major responsibilities
(a) Airport Director
(b) Personnel Director
(c) general, administrative assignments
C. Administrative Assistant - Jean Tarbell
1. has been with the City of Sebastian since 1981
2. provides executive secretarial support
3. processes employees' health insurance claims
- 3 -
D. Airport Manager - John Van Antwerp
has served as airport manager for 17 years
became a part-time City employee in October
responsible for the day-to-day operation of
the airport
IV.
Tonight',~,~qenda
A. Presentations by
1. City Clerk
2. City Attorney
3. Finance Director
4. city Engineer/Public Works Director
B. Opportunity for questions and answers
V. Mav 2. 1990 A~enda
Presentations by
1. Community Development Director
2. Police Chief
3. Golf Course Business Manager
B. Opportunity for questions and answers
Sec. 2-2. Powers and duties of city clerk.
The city clerk shall perform the duties of clerk of the council,
and receive all minutes and documents from all boards, commis-
sions or committees appointed by the city manager and/or the
council, and in that capacity shall give notice of council and other
meetings to its members and the public, keep the journal of its
proceedings, and shall keep and maintain all official documents
for the city. In addition, the city clerk may perform the duties of
city tax collector, city supervisor of elections and such other and
additional duties as are assigned to the clerk by the charter or by
the council.'The clerk shall have such powers..asare confirmed by
the charter, this Code of Ordinances and by the Florida Statutes,
as presently constituted or hereafter amended. (Code 1970, § 2~1;
Ord. No. 0-80-12, § 1, 5-12-80)
City of Sebastian
I~OST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
SUBJECT:
March 21, 1990
Jo Anne Townsend ~
Kathryn M. O'Halloran ~6'
Special City Council Workshop
Attached is a list of duties as set forth in the City Clerk's
Procedures Manual. A copy of the Manual is available for your
perusal at any time.
During the first 3 calendar months of 1990 we have placed all the
Cemetery information on the computer as well as the Tax Roll for
1989. The vault was completed and the bids opened for interior
moveable file shelves. The indexing in the City Clerk's office
goes back to the beginning of 1986.
The priority future goals of this office, at this time~, are to
establish a Record Retention program in conjunction with the new
vault, research and purchase a new program for the Cemetery and
work toward necessary revisions to the ordinances.
Please see the attached article, "The Importance of the City
Clerk", from the March, 1990, News Digest published by the
International institute of City Clerks. Als0 attached is
Organization Chart as requested.
KMO'H:lr
!
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CITY OF SEBASTIAN
CITY CLERK'S OFFICE
PROCEDURES MANUAL
INDEX
BOARDS
COUNCIL CHAMBER
COUNCIL CHAMBERS
COUNCIL CHAMBERS
COUNCIL CHAMBERS
COUNCIL CHAMBERS
COUNCIL MEETING AGENDAS
CATALOGUE NUMBERS/LIST
COUNCIL MEETING AGENDAS
- Preparation for Board Meetings ............... PAGE 1
- Preparation for Council Meetings .... PAGE 2
RECORDER ................... . .......... PAGE 3
RECORDER (continued) ................. PAGE 4
RECORDER (continued) ................. PAGE 5
- Scheduling ......................... PAGE 6
- Creation of AGendas ......... PAGE 7
............................... PAGE 8
& PACKETS
.................... PAGE 9
CEMETERY COMMITTEE
CEMETERY - Sale of
CEMETERY _ Sale of
CEMETERy _ Sale
OCCUPATIONAL LICENSES
COUNCIL MEETING MINUTES
.............................. PAGE 10
COUNCIL MEETING MINUTES continued ..................... PAGE 11
COUNCIL MEETING'ACTION LIST .................... . ....... PAGE 12
COUNCIL MEETING MINUTES INDEXING
..................... PAGE 13
PARKS & RECREATION COMMITTEE
......................... PAGE 14
BOARD OF ADJUSTMENT
.................................. PAGE 15
BOARD OF ADJUSTMENT continued ......................... PAGE 16
BOARD OF ADJUSTMENT continued ......
................ ~..PAGE 17
AIRPORT ADVISORY BOARD
............................... PAGE 18
19
................................... PAGE
Lots ............................... PAGE 20
Lots continued ..................... PAGE 21
of Lots continued
..................... PAGE 22
................................ PAGE 23
!
!
SWITCHBOARD .......................................... PAGE
INVOCATION SCHEDULING ................................ PAGE
REZONING/COMPREHENSIVE LAND USE PLAN
REZONING/COMPREHENSIVE LAND USE PLAN
REZONING/COMPREHENSIVE LAND USE PLAN
REZONING/COMPREHENSIVE LAND USE PLAN
REZONING/COMPREHENSIVE LAND USE PLAN
51
52
AMENDMENTS ....... PAGE 53
AMENDMENTS ~ont..PAGE 54
AMENDMENTS cont..PAGE 55
AMENDMENTS cont..PAGE 56
AMENDMENTS cont. PAGE 57
cont..PAGE 58
REZONING/COMPREHENSIVE LAND USE PLAN AMENDMENTS
VOLUNTARY ANNEXATION ................................. PAGE 59
VOLUNTARY ANNEXATION continued ........................ PAGE 60
VOLUNTARY ANNEXATION continued ........................ PAGE 61
SPECIAL USE PERMITS .................................. PAGE 62
SPECIAL USE PERMITS continued ......................... PAGE 63
SANDMINING PERMITS ................................... PAGE 64
BURN PERMITS ......................................... PAGE 65
GASOLINE CREDIT CARDS ................................. PAGE 66
PETTY CASH ........................................... PAGE 67
PETTY CASH continued .................................. PAGE 68
REQUISITIONS ......................................... PAGE 69
REQUISITIONS continued ................................ PAGE 70
CITY BOARD APPOINTMENTS .......................... ~...PAGE 71
CITY BOARD APPOINTMENTS ............................... PAGE 72
BIDS ................................................. PAGE 73
BIDS continued ........................................ PAGE 74
MISCELLANEOUS SERVICES:
Voter Registration .................................... PAGE 75
Voter Registration continued .......................... PAGE 76
Notary Public ......................................... PAGE 76
oCCUPATIONAL
OCCUPATIONAL
OCCUPATIONAL
OCCUPATIONAL
OCCUPATIONAL
OCCUPATIONAL
LICENSES continued ....................... PAGE 24
LICENSES continued ....................... PAGE 25
LICENSES continued ....................... PAGE 26
continued ....................... PAGE
LICENSES '
.................... PAGE
LICENSES continued...
..................... PAGE
LICENSES continued..
HOME OCCUPATIONAL LICENSE ........
ABANDONMENT OF EASEMENT .........
27
28
29
..................... PAGE 30
..................... PAGE 31
~, ~ PAGE 32
ABANDONMENT OF EASEMENT continued ......................
..................... PAGE 33
ABANDONMENT OF EASEMENT continued
.................... PAGE 34
ABANDONMENT OF EASEMENT continued.
PERSONNEL - Advertising for Vacant Positions .......... PAGE 35
PERSONNEL - Acceptance of Job Applications/Filing ..... PAGE 36
Standsrd Operating Procedures
Resolutions ....... PAGE 37
MAIL
MAIL
MAIL
continued ........................................ PAGE 49
continued ........................................ PAGE 50
PERSONNEL -
Disbursement of New Job Description
................... PAGE 38
YACHT CLUB/COMMUNITY CENTER RENTAL
YACHT CLUB/COMMUNITY CENTER RENTAL continued'. ........ PAGE 39
YACHT CLUB/COMMUNITY CENTER RENTAL continued .......... PAGE 40
YACHT CLUB/COMMUNITY CENTER RENTAL continued .......... PAGE 41
YACHT CLUB/COMMUNITY CENTER RENTAL continued ......... PAGE 42
YACHT CLUB/COMMUNiTY CENTER FEE WAIVERS ............... PAGE 43
DAILY MONIES DEPOSIT .............................. i...PAGE 44
DAILY MONIES DEPOSIT continued ........................ PAGE 45
DAILY MONIES DEPOSIT continued ...................... PAGE 46
DAILY MONIES DEPOSIT continued ........................ PAGE 47
................................................. PAGE 48
City Property, Custody Cit~ seal,
PAGE 77
city VehicleS, ............
Oath ................
Police Auction, City code Book Distribution ........... PAGE 78
City code Book Distribution, Request for Copie.~u~ PAGE 79
Request for Address ...............................
Request for verbatim Tape, Request Info Taxes PAGE 80
& Momestead ........................................
Request Info Utilities, Request InfO Property owner...PAGE 81
Sale of chamber of Commerce MapS ...................... PAGE 82
,, . PAGE 83
City of sebastian Fees ........."' ......................
City of Sebastian Fees continued ...................... PAGE 84
city of Sebastian Fees continued ...................... PAGE 85
NCR Backup ............................................ PAGE 86
List of File Names in \WS-FILES ....................... PAGE 87
· ..PAGE 85
List of File Names in \WS-FORM .....................
NEWS
DIGEST
MARCH 1990
THE IMPORTANCE OF THE CITY CLERK
by Ralph B. Peters
Immediate Past Mayor
City of Jerome, Idaho
(The following is an editorial which appeared in Idaho
Cities, the official publication of the Association of Idaho
Cities, and is reprinted with permission. Mr. Peters Is cur-
rently a member of the Idaho State Legislature, represen-
ting the 25th District.)
One of the most important persons in city government
today is the city clerk. He or she is the glue who holds
the city together from one change in government to the
next, The city clerk is also the one who has received all
of the problems that have happened in the past and is
able to pass the information on to the new council people.
At a meeting of city clerks at Boise. State University
this summer, the clerks were asked what their problems
were with city government. After some discussion they
came up with five main complaints. Ail but one of these
had to do with council members which would indicate
to me that either the Association of Idaho Cities is not
doing a good job informing new members or new
members don't want to find out what their responsibilities
really are as councilpersons.
Knowledge of Position
The number one complaint was the elected officials'
lack of general knowledge of the position and their reluc-
tance to educate themselves. This does not surprise me
in the least since we all know how we get people to run
for the job. Someone has an axe to grind or someone
has told them that they would do a good job and they
are needed. You and I both know that this happens and
people haven't the faintest idea what the real job is all
about.
The second complaint was that elected officials do not
understand their budget responsibilities. You may think
the pot holes, dogs, weeds and high water bills are the
real problems but one of the most Important problems
is the city budget. Without a proper city budget the city
cannot function and keep the city government out of legal
trouble, You have to put it together properly so that your
spending conforms with Idaho statutes and regulations,
but you must also know what you can and cannot spend
money on in purchasing goods and services. The tax-
payer !s your boss and he expects you to not only spend
his money properly but also get the most for the dollar.
How can you explain this if you do not know how to
budget responsibly?
Both of these complaints have to do with the
knowledge of elected officials. The next three concern
the city clerks themselves.
First, elected officials do not recognize the expertise
of the city clerk. The city clerk performs a myriad of duties
which gives him/her a good picture of the whole face of
city government. If there is a question concerning a city
ordinance that was passed five years ago and there are
three new members on the council, it is important to know
why and how that particular ordinance was passed. The
city clerk was there and you can get the answer from
him/her. A request for a block grant is in process--where
'do we stand--how much have our Investments brought
in this month--did the county send the road and bridge
taxes over on time--is the street department sweeper
paid for yet--the questions go on and on. We need to
accept the fact that our city clerk has that type of
knowledge.
Time Uncontrollable
Second, the city clerk is hampered by the fact that the
very important phase of time management for their posi-
tion is uncontrollable. Irregardless Of what project they
may be working on at any given time a call will be receiv-
ed from a department head requesting information for
their department; a call from a consulting firm requesting
data for a project they are preparing for the city; citizens
(who are always welcome) entering the clerk's office for
any number of reasons, sometimes they are irate over
their utility bill. Consequently, the original project may
or may not be completed as scheduled and time manage-
ment is an impossibility.
Third, is the conflict between council members. Coun-
cil members should make a decision on certain actions
by what is best for the entire town and not just for their
department. Too many councilmen forget they are elected
by the people at large and this makes them responsible
to all the people within the city. Here the city clerk is put
tn the middle since he/she is the bumper between the
council and the citizens. The city council makes the rules
and the city clerk and the rest of the city personnel must
put them into action.
DIVISION 3. LEGAL
Sec. 3.09. City attorney.
(a) There shall be a city attorney of the city who shall serve ~,,q
chief legal advisor to tile council, tim mnyor ~nd ~ll city dC'lm,'t-
merits, offices and agencies, shall represent the city in all legal
proceedings and shall perform any other duties prescribed by this
Charter or by ordinance.
(b) The city council shall have authority to re~ain additional
counsel in specific actions or proceedings in its discretion. Also,
the council may provide by ordinance for the additional office of
and the appointment of an assistant city attorney when the weight
of the city attorney's duties increases to such an e~/tent that the
council deems such action advisable or necessary.
(c) The city attorney shall receive such compensation as may
be determined by the city council. (Ord. No. 0-88-43, § 14, 1-11-89)
SUITE 505, 930 SOUTII HARBOR CITY BOULEVARD
,. -. * MELBOURNE, FLORIDA 32901
Telephone: 407-984-3300
FAX: 407-951-3741
General Civil Trial Practice in State and Federal Courts, Real
Estate Development and Transactions, Insurance Defense, Probate,
Wills, Trusts and Estate Planning, Taxation, Corporate and Busi-
ness Law, Employee Benefits, Municipal Law and Labor Law.
GARY B. FRESE, born San Antonio, Texas, July 18, 1952; ad-
mitted to bar, 1977, Texas; 1978, Florida and U.S. District Court,
Western District of Texas; 1983, U.S. Tax Court and U.S. District
Court, Middle District of, Florida; 1984, U.S. Court of Appeals,
Eleventh Circuit. Education: United States Air Force Academy
and University of Florida (B.S., 1974); St. Mary's University
(J.D., with distinction, 1976); New York University (LL.M. in
Taxation, 1980). Phi Delta Phi. Member: Brevard County and
American (Member, Taxation, Trust and Probate Sections) Bar
Associations; The Florida Bar (Member: Committee on Taxation;
Real Property, Trust and Probate Committee); Brevard County
Estate Planning Council. Board Certified Taxation Lawyer, Flor-
ida Bar Board of Certification. Business and Corporate, Real Es-
tate.
JAM£S H. FALLAC£, born Adrian, Michigan, January 23, 1954;
admitted to bar, 1979, Indiana and U.S. District Court, Northern
District of Indiana; 1980, U.S. Tax Court; 1981, Illinois and U.S.
District Court, Northern District of Illinois including Trial Bar;
1986, Florida; 1987, U.S. District Court, Middle District of Flor-
ida. Education: Grinnell College (B.A., 1976); Drake University
(J.D., 1979). Member, Drake Law Review, 1978-1979. Author:
'Privileges-Iowa Recognizes a Qualified Testimonial Privilege for
Newspersons in Civil Litigation," Winegard v. Oxberger, Iowa.
1977; 28 Drake Law Review 167, 1979. Member: Brevard County
and Indiana State Bar Associations; The Florida Bar; Defense Re-
search Institute.
' CHARLES IAN NASH, born New York, N.Y., July 15, 1955; ad-
mitted to bar, 1979, Iowa; 1980, Florida. U.S. Tax Court, U.S.
Claims Court and U.S. District Court, Middle District of Florida;
1981, U.S. Court of Appeals, Eleventh Circuit; 1983, U.S. Court
of Appeals for the Federal Circuit. Education: Grinnell College
(B.A., 1976); Drake University (J.D., 197'9); University of Florida
(LLM. in Taxation, 1980). Teaching Assistant to Professor James
J. Freeland, University of Florida College of Law, t980. Instruc-
tor, Brevard Law Enforcement Academy, 1983--. Member, Bre-
yard County Estate Planning Council, 1981--. Attorney, Code
Enforcement Board, City of Palm Bay, 1984~-. Town Attorney,
Malabar. Florida. 1987--. City Attorney, City of Sebastian, Flor-
ida, 1988--. Member: Brevard County, Iowa State and American
(Member: Taxation Section; Real Property, Probate and Trust
Law Section) Bar Associations; The Florida Bar (Member, See-
-' tions on: Tax; Real Property, Probate and Trust Law). *(Taxa-
tion) Board Certified Estate Planning and Probate Lawyer, Flor-
ida Bar Board of Certification
VINCENT G. TORPY, JR., born Mt. Kisco, Ne~v York, December
29, 1955; admitted to bar, 1984, Florida, U.S. District Court,
Middle District of Florida and U.S. Court of Appeals, Eleventh
Circuit. Education: Brevard Community College (A.S./A.A. 1980);
University of Central Florida (B.A., magna cum laude, 1981);
Florida State University (J.D., with highest honors, 1983). Order
of the Coif. Article and Notes Editor, Florida State University
Law Review, 1982-1983. Author: Note, "Labor Law - Police Offi-
cer May Not Properly be Dismissed for Refusal to Submit to a
Polygraph Examination," Farmer v. City of Ft. Lauderdale, 427
So. 2d 187 (Fla. 1983) 11 Fla. State Univ. L. Rev. 697, 1983;
Comment, "United States v. Ross and the Container Cases-
Another Chapter in the Police Manual on Search 6 Seizure," 10
Fla. State University L. Rev. 471, 1982. Legal Research Instruc-
tor, Florida State University, Fall Semester, 1982. Adjunct Profes-
sor, University of Central Florida, 1986~. Assistant Town Attor-
ney, Town of Malabar, 1989--. Board Attorney, City of Mel-
bourne Firefighters Pension Trust Fund, 1988--. Member:
Paevard County and American Bar Associations; The Florida Bar
(Member, Sections. on: Administrative Law; Trial Sections); The
Association of Trial Lawyers of America. Civil Litigation.
KAREN J. SESBEAU, born Des Moines, Iowa, October 5, 1956;
admitted to bar, 1981, Illinois and U.S. District Court, Northern
District of Illinois; 1986, Florida; 1987, U.S. District Court, Mid-
dle District of Florida. Education: Grinnell College (B.A.,' with
honors, 1978); NorthWestern University (J.D., cum laude, 1981).
Phi Beta Kappa; Mortar Board. Author: 'Withdrawal Liability
Under MEPPA,' Employee Benefits Publication, Illinois State Bar
Association, Volume 1, Number 2, February, 1982 and Volume 2,
Number I, July. Adjunct Professor, Employee Benefit Specialty,
Paralegal Training Program, Roosevelt University, Chicago, Illi-
nois, 1985-1986. Member: Chicago (Member, Employee Benefits
Section), Illinois State (Member, Employee Benefits Section) and
A/ne~:ican Bar Associations; The Florida Bar.
ELiSE A. SINGER, born Albany, New York, December 5, 1960;
admitted to bar, 1986, Texas; 1987, Georgia; 1988, Florida. Edu-
cation: University of Florida (B.A., 198:2); Southern Methodist
University (J.D., 1986). Member: State Bar of Texas; State Bar of
Georgia; The Florida Bar American Bar Association.
RICI-IARD E. TORPY, born Mount Kisco, New York, August 4,
1960; admitted to bar, 1988, Florida and U.S. District Court,
Middle District of Florida. Education: Brevard Community (A.A..
IA.S., 1984); University of Central Florida (B.A., 1985); Florida
Slate University (J.D., with hon'ors, 1987). Phi Delta Phi. Mem-
ber, Moot Court. Member: Brevard County Bar Association; The
Florida Bar. Commercial Litigation.
GREGORY S. HANSEN, born Beloit, Kansas, October I, 1956;
admitted to bar, 1985, Florida. Education: Kansas State Univer-
sity (B.S., cum laude, 1981);- Flgrida State University (J.D., 1984).
Assistant State Attorney, Eighteenth Judicial Circuit, Florida,
1985-1989. Member: Brevard County and American (Member,
Criminal Justice Section, Trying Criminal Cases Committee) Bar
Associations; The Florida Bar.
*Approved Areaa of Practic/~ under the Florida Designation Plan
GENERAL COUNSEL FOR: United Southern Assurance Company; USA In-
Surance Group. Inc.
REPRESENTATIVE CLIENTS: Redes-Roper-Love Insurance Management.
Inc.; Greer Electric Co.. Inc.; Logical Data Corporation; Jim Rathmann Chevro-
let-Cadillac. Inc.; Paine Webber, Jackson & Curtis. Inc; Town of Malabar; Cily
of Sebastian; FMR Electrical Contractors. Inc.; Melbourne Sand & Supply Co.;
Tensor Engineering Co.: Florida Police Behave ant Assn.; Beneficial Finance
Co.; Barclays American Finance Co,; Mercedes Homes. Inc.; T.A. Taylor. Inc,;
Original Finish Sauna Co.; Florida Diagnost c Imaging. Inc.
REFERENCE: First Florida Bank. N.A.
ADMINISTRATION
§ 2-74
DIVISION 2. FINANCE DEPARTMENT*
Sec'. 2'71. Created.
There shall be a department of finance, the head of which
shall be the director of finance, who shall be appointed by
the mayor, and shall be subject to the confirmation of the
city council. (Ord. No. 0-80-11, § 1, 5-12-80)
Sec. 2-72. Director of finance--Qualifications
salary.
and
The director of finance shall have knowledge of municipal
accounting and taxation and shall have had experience in
budgeting and financial control. The director shall receive
an annual salary to be fixed by the city council. (Ord. No.
0-80-11, § 1, 5-12-80)
Sec. 2-73. Same--Surety bond required.
(a) The director of finance of'the city shall post a bond
payable to the city in the penal sum of twenty-five thousand
dollars ($25,000.00), conditional for the faithful pe. rformance
of all his duties as director of finance and the accounting;
safekeeping and delivery unto the city of all money or
property coming into his hands belonging to the city, with
surety of a surety company authorized to transact business
in the state.
(b) All bonds provided for herein shall be presented to and
be subject to the approval of the city council. The premium
for all bonds provided herein shall be paid by the city. (Ord.
No. 0-80-11, § 1, 5-12-80)
Sec. 2-74. Same--Powers and duties.
The director of finance shall have charge of the
administration of the financial affairs of the city and to
*Editor's note--Ord. No. 0-80-11, § 1, adopted May 12, 1980, added §§
2-10--2-17 to the 1970 Code. At the discretion of the editor, said provisions
have been codified, in this Code, as §§ 2-71--2-78. ~
Cross reference--Responsibility of finance director relative to airports,
§ 3.5-11.
Supp. No. I
141
§ 2-74
SEBASTIAN CODE
that end he shall be the city treasurer and shall have
authority and shall be required to:
(a) Compile the current expense estimates for the budget
for the mayor, and the city council;
(b) Compile the capital estimates for the budget for the
mayor, and the city council;
(c) Supervise and be responsible for the disburse~nent of
all monies and have control over. all expenditures to
ensure that budget appropriati0n~ are not exceeded;
(d) Maintain a general accounting system for the city
government and each of its offices, departments and
agencies; keep books for and exercise financial
budgetary control over each office, depart~nent and
agency; keep separate accounts for the items of
appropriation contained in the city budget, each of
which accounts shall show the amount of the
appropriation, the amounts paid therefrom, the unpaid
obligations against it and the unencumbered balance;
require reports of receipts and disbursements from
each receiving and spending agency of the' city
government to be made daily or at such intervals as
he ~nay deem expedient;
(e) Submit to the council through the mayor a monthly
statement of all receipts and disbursements from each
receiving and spending agency of the city government
to be made daily or at such intervals as he may deem
expedient;
(f) Submit to the council through the mayor a monthly
statement of all receipts and disbursements in
sufficient detail to show the exact financial condition
of the city;
(g) Prepare for the mayor and the city council, within
sixty (60) days of the end of each fiscal year, a
complete financial statement and report;
(h) Supervise and be responsible for the assessment of.all
special assessments for the city gover/iment, and give
Supp. No. I
142
"~, ADMINISTRATION § 2-74
(m)
Supp.
such notice of spacial assessments as may be'required
by law;
(i) Collect all special assessments, license fees and other
revenue of the city for whose collection the city is
I ·
responsible and receive !all money rece,vable by the
city from the state or federal government, or from any
court, or from any office, dep. artment.or agency of the
city;
(j) Have custody of all public funds belonging to or under
the control of the city, or any office, department or
agency of the city government, and deposit all funds
coming into his hands in such depositories as may be
designated by resolution of the council, or, if no such
resolution be adopted, by the mayor, subject to the
requirements of law as to surety and the payment of
interest on deposits, but all such interest shall be the
property of the city and shall be accounted for and
credited to the proper account;
(k) Have custody of all investments and investe~d funds of
the city government, i or in possession of such
government in a fiduciary capacity, and have the
safekeeping of all bonds and notes of the city and the
receipt and delivery of city bonds and notes for
transfer, registration or exchange;
(1) Supervise and maintain proper procedures for the
purchase of all supplies, materials, equipment and
other articles used by any office, department or
agency of the city government, in cooperation with
other department heads;
Approve all proposed expenditures; unless he shall
certify that there is an unencumbered balance of
appropriation and available funds, no appropriation
shall be encumbered and no expenditure shall be
made;
(n) Keep a list of outstanding city ·'bonds and revenue
certificates, to whom issued, for what purpose and
when and where payable and the rate of interest such
No. 1
143
§ 2-74
SEBASTIAN CODE
obligations respectively bear and recommend to the
cit. y council, through the mayor, such action from-time
to time as will ensure punctual payment of principal
and interest of such bonds;
(o) issue all warrants for the payment of money by the
city and countersign the same. (Ord. No. 0~80-11, § 1,
5-12-80)
Cross references~Fiscal year, § 2-56; licenses, Ch. 14.
Sec. 2-75. Same--Report of invested funds--Gener-
ally.
The director of finance shall submit a report (or reports)
on all invested funds to the mayor and members of the city
council periodically, as shall be specified from time to time
by the city council. The report(s) shall give a complete list of
all invested funds, indicating the financial institution or
name of the securities in which the funds are invested,
description, amount invested, maturity date and amount (if
any) current value, and interest or dividend yield. The
report(s) shall indicate any action necessary during the next
report period concerning any portion of the portfolio,-~(Ord.
No. 0-80-11, § 1, 5-12-80)
SeC.
(a)
(1)
(2)
2-76. Investments--Classes and types.
There shall be two (2) classes of investments:
Regular [unds: Regular funds consisting of all funds
in any general or special account or fund of a unit of
the city which in reasonable contemplation will not be
immediately needed for the purposes intended.
Trust [unds: Trust funds consisting of those funds,
determined by resolution, in a special account or fund
or are surplus funds which in reasonable contempla-
tion will not be immediately needed for the purposes
intended.
(b) There are two (2) types of investment funds:
(1) New money: Funds which have been ~ewly acquired
by the city. "
~upp. No. 1
144
All parts of City Dealing with money.
Accounting for all Funds.
GOVERNMENT TYPE
General
Capital Projects
Capital Improvements
Debt Service
ENTERPRISE
Golf Course
T~3ST FUND
C~metery
SPECIAL REVENUE
Police Education
County Option Gas Tax
In addition to the above we have the account group - Fixed
Assets and Long Term Debt.
We also keep books for the Police Officer's Chapter 185
Retir~nent Plan which is administered by the Trustees.
Payroll and all associated reports.
Purchasing
Insurance - act as liaison between City and Insurance Cc~pany.
Administer Retirement Programs - Prudential & IC~4A
Investments
Grants Administration
Bond Cut~liance
Sec. 2-3. City engineer.
The office of city engineer shall be held by a person who is a
registered engineer in the state. The city engineer shall be ap-
pointed by the city manager. (Code 1970, § 2-2; Ord. No. 0-88-04,
§ 1, 2-10-88)
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
MEMO
26 MARCH 1990
JO ANNE TOWNSEND, ASST. CITY MANAGER
DAVE FISHER, ENGINEERING / PUBLIC W~~
ENGiNEERiNG i~' PUBLIC WORKS -
OUTLINE OF CURRENT ITEMS
Attached for your information is the subject outline of
current items being addressed in the Engineering and Public
Works Departments.
There are five (5) sections to the outline:
II.
IIi.
IV.
V.
Day-to-Day Operations and Maintenance
Projects in Progress
Planning
Technical Review Committee Matters
Special Projects
Please contact Linda or me anytime with questions or comments
about anything on this list.
Attachment
OUTLINE OF CURRENT ITEMS
ENGINEERING / PUBLIC WORKS
26 MARCH 90
PG. ~1_~
I. DAY-TO-DAY OPERATIONS AND MAINTENANCE
Street Repairs
1. Potholes/Sectional Patching
2. Resurfacing
3. Mowing/Sodding ROW's
B. Drainage Ditches
1. Digging/Cleaning
2. Mowing
3. Other
Parks
1. General Maintenance and Repairs
2. Mowing
3. Improvements
De
Signage
1. Traffic Signs and Street Markings
2. Informational Signage
3. Sign Shop Organization/Operation
E. Contractor/Building Dept. Items
1. Drainage - Culverts and Side Swales
2. Streets - Driveways and Paving
3. Other
F. Street Lights
1. Administration
2. Field Location
3. Base Map
OUTLINE OF CURRENT ITEMS
ENGINEERING / PUBLIC WORKS
2 6 MARCH 9 0
PG. 2 OF 8
I. DAY-TO-DAY OPERATIONS (CONT'D)
G. Specific Requests from Residents
1. Administration/Communications/Follow-up
2. Field Work
H. Cemetery
1. Day-Go-day operations
2. Improvements
I. Internal Maintenance
1. Vehicles ~nd Equipment
2. Buildings r~nd Grounds
3. Misc. Items and Repairs
J. Special Events
1. Fourth of July
2. Christmas
3. Fall Food Festival
4. Other
K. General Administration and Personnel Matters
1. Administration
2. Personnel
3. Safety
4. Budget
OUTLINE OF CURRENT ITEMS
ENGINEERING /PUBLIC WORKS
26 MARCH 90
II. PROJECTS iN PROGRESS - ACTIVE PROJECT MANAGEMENT STATUS
A. Barber Street Sports Complex
1. Sports Lighting
2. Utilities
3. Grading
4. Surfaces
5. Irrigation System
6. Fencing
7. Bleachers, Benches, and Misc. Field Items
8. Scoreboards
9. Concession Stand / Toilets / Switchroom
B. Main Street ~ealignment / N. Gibson St.
1. Replatting/Property Transfers
2. Engineering Design
3. Bidding
4. Construction
C. Street Improvement Program
1. Contractor Resurfacing - FY 90
2. Bikepath System
3. Sectional Patching
4. Misc. Items
D~ Boone Parkin~ Lot
1. Removals and Relocations
2. Grading/Porous Parking Surface
3. Concrete Work / Bumpers
4. Landscaping and irrigation
5. Signage
6. Clean/Beautify Area (incl other side of IR Dr.)
OUTLINE OF CURRENT ITEMS
ENGINEERING / PUBLIC WORKS
26 MARCH 90
PG. 4,0-~~
II. PROJECTS IN PROGRESS (CONT'D)
E. Parks Improvements Pr0~ram
1. Resurface Tennis Courts (Schumann)
2. Replace Clivus Multrum (Riverview Park)
3. General Items - All Areas
a. Trees - Relocations/Trimming
b. Benches and Tables
c. Cooking Grills
d. Parking Bumpers / Trash Receptacles
e. Signage
4. Yacht Club
a. Dock/Ramp Renovations
b. Remove Fire Training Tower
5. Easy Street Lake Park
a. Ren6v'ate Restrooms
b. Rem6~e Pavilion
c. Add Jogging Trail
6. Hardee Lake Park
a. Shade Structure(s)
b. Potable Water
C. Senior Park Items
7. Schumann Park
a. Replace Lights
b. Misc. Maint Items
c. Add'l Bleachers (?)
F. Public Works Compound
1. Access Road (Coordinate w/ VFW)
2. Grading / Surfaces
3. New Building
a. Design
b. Bids
c. Construction
4. Utilities
5. Fencing / Landscaping / Signage
6. Turn Over Old Compound to Police Dept.
OUTLINE OF CURRENT ITEMS
ENGINEERING / PUBLIC WORKS
26 MARCH 90
PG. 50.~
II. PROJECTS iN PROGRESS (CONT'D)
G. City Hall Renovations
1. Records Storage Vault
2. New Community Development Dept. Offices
3. Renovate Engineering/Public Works Office
4. Revise Clerk's Office Space
5. Revise Asst. City Mgr. Space "
6. Clean/Paint Exterior
7. Landscaping Plan
8. Relocate'East Entrance Drive
9. Expand/Reconfigure West Parking Lot
Cemeter~ Improvements
1. New Road~'
2. Irrigation System (Incl. well/pumphouse)
3. Fencing / Landscaping / Sod
Stevenson Monument (Riverfront Property)
1. Design
2. Construction
E~,~rgency Management Preparations
1. Storm Shutters
2. Standby Agreements
K. Misc. Items for New Police Station
1. Survey
2. Access
OUTLINE OF CURRENT ITEMS
ENGINEERING / PUBLIC WORKS
III. PLANNING
26 MARCH 90
A. General Items
Specific Projects in Plan,nin~ stage
1. stormwater Drainage Program
2. Riverfront Plan/Improvements Program
Community Appearance Program
a. Architectural Guidelines/Review Program
b. Overhead/Underground Utilities
c. Landscaping/Maintenance
d. Signore
e. Code Enforcement
Emergency Management Program
a. Facilities Protection
b. Planning and Policy
Transportation Plan
a. Master Plan
b. Design Specifications
6. Potable Water Plan
DOT - US 1:
a. Median Changes
b. Stormwater Collection System
c. Widening
OUTLINE OF CURRENT ITEMS
ENGINEERING / PUBLIC WORKS
26 MARCH 90
PG. 7 OF 8 ~
IV. TECHNICAL REVIEW COMMITTEE MATTERS
ae
Policy Development
1. General
2. Specific Recommendations
B. Procedures
C. Specific Projects - Current
Specific Pr__~ects - Review for Future Action
OUTLINE OF CURRENT ITEMS
ENGINEERING / PUBLIC WORKS
26 MARCH 90
PG. 8~
V. SPECIAL PROJECTS
A. GDC Matters
B. Organization of Engineering/Public Works Depts.
Compile Updated City Base Map
D. City Potable Water
E. Stratton Avenue @ US 1 - Signalization (?)
F. Coordinate Planning and Projects with County
1. North County Sewer System
2. PotablerWater System (?)
3. CR-512
4. Indian River Drive
5. Thoroughfare Plan
6. Various Design Specifications
G. Review Hazardous Waste Situation(s)
H. Complete Yacht Club Boundary Survey
I. Write Development Information Materials
City of Sebastimt
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: )
)
)
DISCUSS ADOPTION OF T~ 1990 NATIONAL ELECTRrCAL CODE)
Approved For Submittal By:
Ci[y Manager
6epS. Origin Dept.,,Oi C~.'~
DaSe Submi[Sed ~90
For Agenda Of
4/4/90
Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Construction Licensing Board has recommended to the CitU Council the adoption
of the 1990 National Electrical Code (NEC). Section 7-35 of the Code of Ordinances
must be amended because the 1987 edition of the National Electrical Code is currently
adopted. All of the City's adopted technical codes are revised every two to three
years.
RECOMMENDED ACTION
Hove to direct the City Attorney to draft the proper ordinance amendment.
City of Sebastian
POST OFFICE BOX 78Ot27 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Discuss Proposed Resolution &
Application Form Re: City
Approved For Submittal By:
Agenda No.
D~pt. Origin
Date Submitted
For Agenda Of
~,,ity Cler><~~
3/29/90
4/4/90
City Manager
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
Exhibits:City Clerk Memo 3/29/90
" " " 4/10/89
" " " 1/4/90
Current Application Form
Suggested " "
Proposed ~esoiu~ion
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
(see attached memo)
RECOMMENDED ACTION
Discuss proposed resolution and application form, make changes if
deemed necessary and place adoption of resolution and application on
future regular meeting agenda.
City of Sebastian
'POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
MEMORANDUM
March 29, 1990
Mayor W.E. Conyers & City Council Members
Kathryn M. O'Halloran ~
City Clerk :3~ O'
Proposed Resolution - City Boards
& Proposed Board Application
Attached is a copy of a five page application regarding city
boards adopted on 3/8/89 by Resolution R-89-13. Also, please see
my memos dated April 10, 1989, and January 4, 1990 tD,a previous
Council.
Back in April, 1989, I presented to the Council nine different
Board applications from various municipalities within the State
only two of which consist of 2 pages and none of which require
a police investigation of any sort. These applications are
available in my office for you to compare.
This office has put together an application, 2 pages only. The
City Attorney suggested an additional page listing all the
Articles under the Constitution and relative sections of
Florida Statutes. This page may be omitted because each board
member receives two Booklets: 1) Sunshine Amendment and Code of
Ethics for Public Officers and Employees and 2) Guide to the
Sunshine Amendment and Code of Ethics for Public Officers and
Employees, revised 1990.
Also attached is an amended resolution regarding city boards for
your review.
sam
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
April 10, 1989
TO:
FROM:
MAYOR AND CITY COUNCIL
CITY MANAGER
POLICE CHIEF
KATHRYN M. O'HALLORAN, CITY CLERK
This Department has been in receipt of applications for Board members.
In following Resolution No. R-89-13, the first of the two applications
received by this office and forwarded to the Police Department for
investigative procedures relative to R-89-13 took a total of 3 weeks
to process.
By virtue of this memo to you I want you to know I do not speak for
the Police Department. I also am not complaining about the Police
Department.
I respectfully request your re-consideration of R-89-13. I personally
believe that "over-kill" would be the appropriate description of the
six (6) page application and the procedure of investigation.
May I call your attention to the fact that the application being used
for prospective Board members.was specificallz designed for employees/
future employment. In most instances various cities use a one-page
application and do not ~ an in depth investigation.
I sincerely hope this memo is received by you'in the spirit in which
it is intended. Should you wish further research in this matter, I
will be happy to comply with your wishes.
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
January 4, 1990
TO:
FROM:
Mayor and City Council, City Manager, ~ity Attorney
Kathryn M. O'Halloran, City Cl;~k
As you know, for many months I have been working on Resolution
NO. R-89-13 and the proposed Amendment No. R-89-49 relative to
Council appointments to Boards. I have made inquiries of City
Clerks throughout the STATE and have found no other Resolutions
establishing requirements, let alone requirements this stringent.
As you can see tn the Handbook most City Boards have requirements
spelled out, if not by the City, then by Florida Statutes.
I have asked myself'the following questions over and over:
1) Why make Board appointments so restrictive ~eople
will not want to volunteer?
2) Why put all this extra work on the Police Department?
and
3)
Why make it more restrictive to VOLUNTEER for a City
Board appointment than to qualify to run for City
office?
I honestly believe that citizens that VOLUNTEER to be active in
City Government are good, honest, concerned people.
The City Council in concert with the Boards' recommendations
provided "CHECKS AND BALANCES" relative to appointments of each
citizen to a specific board.
This is a policy decision and I sincerely hope this memo might
enlighten the Council in reaching a conclusion pertaining to the
aforementioned Resolutions.
CITY OF SEBASTIAN
APPLICATION FOR BOARD APPOINTMENT
Board Applied For:
Name:
Date of Birth:
Sex:
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 th~ Past ten years, beginning
with your present address and working back in reverse
chronological order. Please include your present residential
telephone number.
Present Street Address:
Telephone:
Present Mailing Address (if different):
Street Address:
Street Address:
Are you a registered voter in the City of Sebastian?
Are you a registered voter in Indian River County?
Education
High School:
Address:
Date of Graduation:
College/University:
Address:
Major:
Dates Attended:
Degree Received:
College/University:
Address:
Major:
Degree Received:
Dates Attended:
College/University:
Address:
Major: ' '"
Dates Attended:
Degree Received:
Emplolnnent
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 h, ou, rs.
Present Occupation:
Employer:
Mailing Address:
Date of Employment:
Occupation:
Phone:
Employer:
Mailing Address:
Date of Employment:
Occupation:
Phone:
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 list all professional licenses which you hold (contractor,
accountant, etc.)
Name of License:
Issuing Authority:
Date of Issuance:
Date of Expiration:
2
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 SebgstSan; or who are Members of the City Council.
Have you ever been convicted of a felony or, a misdemeanor
involving theft or dishonesty?
If yes, please indicate charge, name of, adjudicating court, date
of adjudication, and sentence.
References
Please identify two persons who can provide information as to
your reputation in the community.
Name:
Street Address:
Mailing Address (if different):
Residence Telephone:
Name:
Business Telephone:
Street Address:
Mailing Address (if different):
Residence Telephone:
Business Telephone:
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.
Name:
Street Address:
Mailing Address (if different):
Residence Telephone:
Name:
Street Address:
Business Telephone:
Mailing Address (if different):
Residence Telephone:
Business Telephone:
3
Please provide a brief statement as to why you are seeking this
appointment.
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
Florida Statutes (1987)
Section 116.111
Section 112.311
Section 112.312
Section 112.313
Section 112.3141
Section 112.3143
Section 112.3144
Section 112.3145
Section 112.3146
Section 112.3147
Section 112.3151
Section 112.317
Section 286.012
- Nepotism
- Legislative Intent and Declaration of
Policy Concerning Code of Ethics
- Definitions Concerning Code of Ethics
- Standards of Conduct for Public
Officers and Employees of Agencies
- Additional Standards of Conduct for
Public Officers
- Voting Conflicts
- Full and Public Disclosure of Financial
Interests
- Disclosure of Financial Interests and
Clients Represented Before Agencies
- Public Records
- Forms
- Extensions of Time for Filing Disclosure
- Penalties for Violation of Code of Ethics
- 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.
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
· 19
day of
Notary.Public,. State of Florida
My Commission Expires:
CITY OF SEBASTIAN
APPLICATION TO SERVE ON CITY BOARD
2.
3.
4.
NAME:
HOME ADDRESS:
HOME TELEPHONE:
BUSINESS:
6.
7.
8.
9.
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE NUMBER:
RESUME OF EDUCATION AND EXPERIENCE:
(use additional sheets if necessary or submit resume if available)
10.
11.
12.
13.
14.
15.
16.
Voter registration no.
Are you a resident of the City?
Length of Residency
Y~S' NO
DO you hold a public office?
Yes No
Do you serve on a City Board at present
Yes No
PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON:
*BOARD OF ADJUSTMENT CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING
HANDICAPPED COMMITTEE
Why do you think you are qualified to serve on this Board?
1
one(s) you selected above?
Would you consider serving in another Board other than the
Yes No
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected ddty, habitual drunkenness,
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Applicant Signature
SWORN TO AND SUBSCRIBED before me this
19 .
day of
Notary Public, State of Florida
My Commission Expires:
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS;
ESTABLISHING UNIFORM PROCEDURE FOR APPOINTMENT;
PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RES.IDENCY
REQUIREMENT; PROVIDING FOR ALTERNATE MEMBERS;
ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR
UNIFORM APPLICATION; REQUIRING AN ACTIVE WARRANT CHECK
BY THE POLICE DEPARTMENT; PROVIDING FOR RESIGNATION AND
RE-APPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN
UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR
SOLICITATION OF APPLICANTS BY THE CITY CLERK;
ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING
THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND
FINANCIAL DISCLOSURE INFORMATION;, PROVIDING GROUNDS FOR
REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Home Rule Charter of the City of Sebastian and
the Code of Ordinances enacted pursuant to its authority allow
the creation of appointive boards to assist and advise the City
Council in the performance of its duties; and
WHEREAS, the City Council desires to establish a uniform
procedure for appointment to such advisory boards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. TERM. The members of all appointive boards,
commissions, and committees shall be appointed to a three (3)
year term unless otherwise provided by ordinance or Florida
Statute. Terms shall be staggered so that no more than three (3)
members shall be appointed in any given calendar year.
SECTION 2. RESIDENCY. The majority of the members of each
appointive board, commission, or committee shall be residents of
the City of Sebastian unless applicable Florida statute or City
ordinance require that all members of such board, commission, or
committee reside within the corporate limits of the City. The
remaining members of all appointive boards, commissions, and
committees shall reside in Indian River County.
SECTION 3. ALTERNATE MEMBERS. All appointi~e boards,
commissions, and committees, except the Code Enforcement Board,
shall have at least one (1) alternate member with a maximum of
two (2) alternate members.
SECTION 4. DUTIES OF THE CITY CLERK.
a. The City Clerk shall keep and maintain a list of the
names, addresses, and telephone numbers of all members of
appointive boards, commissions, and committees; their date of
appointment, re-appointment, and term expiration.
b. The City Clerk shall timely inform the City Council and
City Manager of any changes made to the composition of any
appointive board, commission, or committee.
c. The City Clerk shall provide each new appgintee with a
copy of the publication entitled Florida Commissi6n on Ethics
Guide for Political Officers and Employees, the City Board
Handbook and related financial disclosure forms.
SECTION 5. APPLICATION.
a. The City Council shall approve a uniform application
which shall be completed by each individual seeking appointment
to a board, commission, or committee.
b. Each applicant shall file a complete application with
the City Clerk which is signed and dated by the applicant. Each
applicant shall attest to the truthfulness of the information on
the application.
2
SECTION 6. INVESTIGATION.
a. Each applicant shall, at the time of submittinG his
his application, authorize an active warrant check by the Chief
of Police.
b. Th~ City Clerk shall forward a copy of the application
to the Chief of Police. The original application shall be filed
by the City Clerk in the public records of her office.
c. The Chief of Police shall determine if the applicant is
presently the subject of an active warrant. Upon completion of
this inquiry, the Chief of Police shall forward a copy of all
documentation to the City Clerk. The Clerk shall then promptly
forward a copy of this documentation to the chairman of the
respective board, commission, or committee to which the applicant
is seeking appointment.
SECTION 7. RESIGNATION. Any member of an appointive board,
commission, or committee who does not intend to seek re-
appointment shall notify the chairman of such board,,,commission,
or committee at least two (2) months in advance of the expiration
date of the term.
SECTION 8. RE-APPOINTMENT.
a. Each member of an appointive board, commission, or
committee who seeks re-appointment shall notify, in writinG, the
respective chairman of the board, commission, or committee of the
intention to seek re-appointment at least two (2) months in
advance of the term expiration date.
b. The chairman shall present the re-appointment of a
member to the other members who Shall vote to make a
recommendation to the City Council.
3
e. In the event that the City Council fails to re-appoint a
member for any reason prior to the expiration of the member's
term, the member shall continue to serve until re-appointment is
ratified or a ~ew appointment is confirmed.
SECTION 9. UNEXPIRED TERM. In the event that a vacancy
occurs prior to the expiration of the term, the chairman of the
respective board, commission, or committee shall place the
filling of such term on the agenda of the next regular meeting or
call a special meeting for the sole purpose of considering the
filling of such vacancy. The board, commission, or committee may
recommend the filling of the unexpired term by appointment of an
alternate member. The City Council shall review the
recommendations of the board, commission, or committee prior
exercising its discretion in filling the unexpired term.
SECTION 10. SOLICITATION FOR APPLICANTS.
a. The City Clerk shall, by press release in a newspaper of
general circulation, notice open positions at thW request of
board secretaries.
SECTION 11. INTERVIEW. The respective board, commission,
committee or City Council may interview an applicant at a public
meeting. Each member of a board, commission, committee, or City
Council shall vote for their choice for the appointment at a
public meeting designated for such purpose.
SECTION 12. REMOVAL.
a. Prior to suspending or removing a member of an
appointive board, commission, or committee, the City Council
shall specify sufficient facts to advise the affected member as
4
to the basis for his suspension or removal, provide reasonable
notice, and an opportunity to be heard prior to any action being
taken.
b. The City Council may suspend or remove from office any
board member for malfeasance, misfeasance, neglect of duty,
habitual drunkenness, incompetence, or permanent inability to
perform his official duties.
c. The City Council may suspend or remove from office any
municipal board member for the falsification or omission of
information requested on the application form; failure to attend
three (3) consecutive regular meetings of the respective board,
commission, or committee without being excused by the chairman;
found to be mentally incompetent by a court of law; establishes
permanent residency in contravention to the conditions for
appointment; fails to file a financial disclosure as required by
Chapter 112, Florida Statutes.
d. The City Council may suspend from office ~y municipal
board member who is arrested for a felony or for a misdemeanor
related to the duties of the office or who is indicted or
informed against for the commission of any federal felony or
misdemeanor or state felony or misdemeanor.
e. The City Council may remove from office any municipal
board member who is convicted of a Federal felony or misdemeanor
or state felony or misdemeanor. For purposes of this subsection,
any person who pleads guilty or nolo contendere or who is found
guilty shall be deemed to have been convicted, notwithstanding a
suspension of sentence or a withholding of adjudication.
f. The City Council may, in its discretion, reinstate any
municipal board member at any time prior to his removal.
g. The suspension of a municipal board member by the City
Council cregtes a temporary vacancy in such office-during the
suspension. Any temporary vacancy in office created by the
suspension of a municipal board member, under the provisions of
this section, shall be filled by a temporary appointment to such
office for the period of the suspension, not to exceed beyond the
term of the suspended municipal boar~-member. Such temporary
appointment shall be made in the same manner and by the same
authority as provided by this Resolution for the filling of a
permanent vacancy in such office.
h. No municipal board member who has been suspended from
office under this section may perform any official act, duty, or
function during his suspension; receive any pay or allowance
during his suspension; or be entitled to any of the emoluments or
privileges of his office during his suspension.
i. If a municipal board member is acquitted or found not
guilty or is otherwise cleared of the charges which were the
basis of the arrest, indictment, or information by reason of
which he was suspended under the provisions of this section, the
City Council shall forthwith revoke the suspension and restore
such municipal board member to office.
SECTION 13. CONFLICT. Resolution R-80-28 and all other
resolutions or parts of resolutions in conflict herewith are
hereby repealed.
6
SECTION 14. EFFECTIVE DATE. This Resolution shall take
effect £mmediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
the vote was as follows:
. The motion was .seconded by
and, upon being put to a vote,
Mayor W.E. Conyers
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Legal Sufficiency:
Charles Ian Nash, Esquire
City Attorney
7
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978
TELEPHONE (407') 589-5330
FAX 407-589-5570
SUBJECT:
DI~2USS PROPOSED AMEND~ENf CUNCE~VING RESTRICTIONS
Approved For submittal By:
City Manager
6Genda No~
Dept. Origin ~anninu&~~ssi~
Date Submitted ~29/9o
For Agenda Of ~4/90
Exhibits:
Memo dated 3/23/90 from Linda Kinchen
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Due to some citizens' concerns about the issuance of a building permit for an oversize
garage, the Planning & Zoning Commission has recommended additional language to restrict
the size of detached accessory buildings. The Planning & Zoning report is attached for
your review.
RECOMMENDED ACTION
The Planning & Zoning Commission requests the City Council to direct the City Attorney
to draft the necessary ordinance amendment.
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DA 1 lT.;
PJAI?!.'.V I '" '? ! *.')' ;I 1
l[_~: Pl/lyOl7 AND, (']'IY {.'('.~llN[".l~l._
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(. 'I ? ~ ("t~lltIt' 1 i_ lite Ii'f: t,'].i~, I r~N.'? I-¢,V? ",! ~ ' I ] ~!N ,'"1'~/! - .1~', .;:-(",
f't')f~~ 1Ill- I[I'?Pl t~l' 11117 PiI'FI ]'NC 1II1_I7f7 Iv'El;'[. 1-'~.1111~' [?El;ill_Ali' ANI_') t_'~Nf:
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[111.? ~II:[INt; ,..1 .'_;'E-b'/~iN plI(PlIII'I-~' I?,L.11?I~, ! ~l~l;? 1.5' /1 f.)l.l(,f?tlP.'l. 7-11E[?f:.~ IVA.c:
A OI. tf.'-,'llt~N .t;'4l?l:l* I(!tl l!!Fl? ?11[' I.~)lf' lh'l[) It) f?f- IINANiI~h)II'_;' I.)l_lF.: It_)
II/f'I?F t~NI_ ~ I'VE 1Ntt; I t!I/F'
t'It,,IIf'~'P~,,'IN l'I~t.)!!lXl 11t/11'
,,'1 (. ~ 'f.'l." l',lf'*l, f: .
,.ql let," I)l".'~'tt'v':'lNL; llll-:' Pf..'i I II F' i¢I !!! !Itl (."1 1 ~ ('1 El?f:. IV/ti? ('ItF.-'.'Cf'fl)
AL.I.. I ~(",41. .,1NI~ ."-.'lA 11: f?lil f ",', 4.': IvT'l I. A':: J'~Af,'l ]P.1['NTAf?¥' I £~)( If. Ur, f_ ....
.I'1 I.VA.'7 I~l': lf-:f;'F'llN[~[) Ilia f 4 lltf;'[:l. I~~ ~)NF t,,'t~l£ IWI.';' ,4t.'l"f--f~l'/E~t E ·
.~.;'ftt)lll I~ trait I;'[ L)l. tll?f: AN'~ I:llf,'llt/ l; .IN! ~)F'PI,11'I~N, r'l t~./1.'TF I-'t:'fll I'F~'r-,[':_
REVfSED PER P & Z 5-15-90
PROPOSED REVISIONS FOR ACCESSORY BU]-LDING CONSTRUCT'ION
LAND 0EVELOPIVlENT SECI":[OI':,I (20A.5.7C)
C. GENERAL.,REGULAT1-ONS (--)F ACCESSORY BtJII...blN(.~S.
ACCESSORY Bi.)ILDING._'3 SHAt_t. BE C'.LA:SSIFIED ZN 'TWO (2)
~i; A '1 E f.:, O R I E S,
A, !!i,'FORAOE SI-.tED',3 WHICI.I ARE UNbER 2[)0:3C~UARE' FEET IN AREA.
i:.'R['iFABRICAFEE] ~;'fEEt. Of',t At..UM].NUf'¢I '_':;iRI. IC'I'UREE;, WHICH
ARE PURCHA%ED AND A~.7;!:~EbllSI E:[-~ f-.IY lttE! OWNER.
F~ANUFAf2-f'I. IRED F' .I F! (:' R' C.; T` A'::'~:, ST'EEl.., OR ALUMINUM
FIt/II..D[I`4f.;-C, Will. Ii:ti ARF "lr:,~Al',l?,f:;C'~rl' if:Il COI"IF.'I.E l"E TO THE
::. J, '1 E.
~-4. ACC[.:_L::SORY BU]:[,E~.[NI.;': WFI.I.C~f ART_:: I'.',ON%'T-RIII:::'TE[:) Of'] SITE.
.?
NO AEIC:E!::?;-,ORY BU1. LDING WTLL E~E E:',tllt._I ~,,/:I"[~L)I..I"F A F'ERMi'T
DF-[NE; ISSUED
[:~ESIGNA'I"ING file "FYP,F OF AC_CESCL~RY ',_.;fRL.IC. fi_IRE. ALt,,
/\r::cEs%ORY ,.:,TRI..If::i URES V,/[[_[_ ,E OF DLr) _ ' i':~i:? FRAf"IE
CONT!::-fRUC:TION. lf' fIiE DU:[LDfI']f,:; OFFIC?IAL _lis 1N Dr,~UBT OF THE
t Yf'-'E OF '.:;fRUCTt. JRE OF f'HE ADf:'~J::I-:: Aq:E:ES%OR'¢ STRIIC:fur:~E T~tE
BUlL. DING F_)r'FIC.IiAI_. W]:I,.I.. F:OF-!WAR[::I ¢_.;Af"IE TO TI~E PI. ANN]:NG ANb
Z i:.~ N :[ N G C: OPIM I. ',7;
Af CES:"..;OFtY BU:T`,,DZNGS ;,hi i (:_'.fl ARE LESS l'ttAb,I ~0(:) SOUARE FEE I
1. N AREA ~:;ltAt._.L E'tE AI,,LOWED F'ROVII.~E[.: I fiAI I ttEY L)O INI'OT EXCEED
I ~ FEE"I IN t-tElI3~ I- FROP1 'I'ttE f~o'r'ff:b'l OF 'filE :'_-'.;:TI_l_ AI',,If_') Tt-tAT
"File :::Z['.'~E WALLS DO NO¥ F¥CEFD EI-(;HT (~'~) FEE'I IN i4E:TGH'f,
A~',I[.: 'file RISE ON Tile ROOF SHAI. L NO'I EXC, EED SiX (6) FEEl' ,IN
'fV,,tEI__VF:_ (]2) FEE'I' AN[ii NO'1' LESS "IHAN A RI:SE. OF 5-'-12 F'EET.
T~tER.F_' :"_-',t.tALL E{E AN OVERHANG ON fFIE ROCIf:' f)F AT' LEAST
E:L;H'f'EEN (l~) INCHES ON AL.t,. FOUR SIbES ANr~ THE SOFFE1
~I!S'[' E~[--_' ENCL_L~SED. THE MEANS OF EGRESS ~f(_') THESE STRUCTURES
',:;HALL NOT EXCEED SEVEN (?) FEE'I TN HEIGH'f F'ROI'4 THE BOTTOM
f:]F: I'~IE SILL AND ELEVEN (l 1 ') FEET TI',] 'l'OrAl_ WrDltt. TilE
FI.,(~(::}IR (-~F I"HE S'iRUE:f'I..IRE P1UDT [}E A'I [.EAST '10 :NCHES ABOVE
'It.tE (.'_',Rf)WN OF TI.IE ROAD. THE AREA AROUND TtiE STRUCTURE MUST
BE GRADED SI.3 THAT N("l MORE 'IHAN :SIX (f_'*'i) INE',FtES OF I.'HE SLAB
OR STEM WAL, I TS VTS.[BI_E. THE BUILIS}]:NG P1UST BE SET BACK. Al-'
LEAS'f -ft,tZRf'Y (:~O) FEEl" FROP1 TBE FRONT OF THE fViAI. N
BUfLD£NC; C)R F-IFfY (50) FEEl, FROP1 fttE FRONT PROF'ERTY LTNE,
WHZC.:H EVER TS Gt2EA-f'ER. C)N CORNER LOTS 'Tile STRUCI"URE MUST
BE AT t_EAST -fWEN-fY--FIVE (25 FEEl FROH-r~tE STDE ROAD RIGH'f'
OF WAY. ANY DEV]_AT1-ONS FRO1M-rltF,.-.°..E SF'ECI. F1C:AT]~ONS P1US'T BE
APf~'ROVED BY 'THE F'I.ANNIN('; ANI9 ZONING (]OI'dHISSZON.
PAGE 'l"wo
I-liE
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City of Sebastian
'POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT= airport Director
Approved For Submittal By:
city Manager
Dept. Origin: City Manager
Dat~ Submit~ed: ~
For Agenda Of= 04 0_~
Exhibits: - Chapter 3.5 City Code
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETEDt
APPROPRIATION
REQUIREDt
SUMMARY STATEMENT
Section 3.5 - 5 of the Sebastian Code creates the,'position of
Airport Director. Among other things, the Airport Director would
submit, at the request of the city Council, an annual budget.
This appears to be in direct contradiction to Section 2-10 of the
City Charter which requires the City Council or its members to
implement all policy matters through the appropriate charter
officer. The Airport Director is not a charter officer.
Additionally, Section 3.5 - 6 requires recommendations "by the
board" for approval by the City Council of various matters. The
Airport Advisory Board no longer exists. While the Agreement in
Principle with the FAA mandates that the Community Compatibility
and Master Plan Study be conducted through the City Manager's
office, it does not require that the study be supervised by an
airport operations manager. In fact, the intent of this section
of the Standstill Agreement is to ensure a proper balance between
airport and community planning. Therefore, the City project
coordinator will remain the Assistant city Manager.
RECOMMENDED ACTION
Move to direct the City Attorney to prepare proposed amendments
to Chapter 3.5 Airport.
Chapter 3.5
AIRPORT*
Sec. 3.5-1. Policies established.
Under provisions of the Airport Law .of 1945, Florida
Statutes, Chapter 332, the Policies and Procedures of the
Sebastian Municipal Airport are hereby established. Geo-
graphical description is contained in the Fleming Grant of
January 29, 1959, comprising 604-44 acres, including four
(4) easements. For the purposes 'of this chapter, all
references will include any additional adjacent property,
hereinafter acquired. Authority for enforcement of all
dictates not contained in'this chapter may be found and
shall be in accordance with Chapter 810, Florida State
Statutes and pertinent Federal Aviation Administration
(FAA) Rules and Regulations. (Ord. No. 0-80-25, § 1,
12-8-80)
Sec. 3.5-2. Definitions.
For purposes of clarity,
will be used.
the following abbreviated
titles
Airport: The City of Sebastian Municipal Airport.
Airport director: A department head of ~h~ city charged with
supervis~ng~ all airport related matters. If no airport director has
been appointed by the city manager, the city manager shall serve
as the airport director. The city manager can appoint an existing
city employee as the airport director.
Airport manager: The airport manager, who shall be consid-
ered the agent of the city. (Ord. No. 0-80-25, § 1, 12-8-80; Ord. No.
0-89-04, § 1, 4-26-89)
*Editor's note--Ord. No. 0-80-25, § 1, adopted Dec. 8, 1980, amended the Code
with tile addition of a new Ch. 3A, §§ 3A-1--3A-11. However, in order to maintain
Code format, the editor has redesignated said provisions as Ch. 3.5, §§ 3.5-1
--3.5-11.
Charter reference--Extraterritorial powers of city relative to airports, § 1.02(7).
Cross references--Airport take-off and landing procedures, § 17-4, speed lira.
its at airport, § 26-3.
Supp. No. 18 217
§ 3.5-3 SEBASTIAN CODE
Sec. 3.5-3. Liability.
All persons entering or utilizing the airport, for any
reason, automatically grant hold harmless consent which
relieves the city of any and ali liability for any injuries or
damages to persons or property, incl~(iing losses of any
kin(t, .reg, ardless (,f the c()nditions or circumstanceg; (Ord.
No. 0-80-25, § 1, 12-8-80)
Sec. 3.5-4. Airport manager.
(a) The airport manager shall be appointed by the ~city manag-
er, and shall be an existing fixed base operator or another quali-
fied person who shall administer and~be responsible for the en-
forcement of field rules, operation procedUres, and ali maintenance
and storage requirements in compliance with Federal Aviation
Administration rules and regulations and city ordinances. The
airport manager shall present for review, as requested by the
airport director, complete reports regarding any and all airport
activities. All copies of Federal Aviation Administration and De-
partment of Transportation reports will be submitted to the air-
port director.
(b) Field rules (Ref: Resolution No. R-79-11) are to be estab-
lished and prominently displayed at the airport, by the airport
manager. Field rules and city ordinance would, for the pu. rpose of
enforcement, be mandated on all air, ground, vehicular and pe-
destrian.traffic. Penalties for noncompliance with any of the
above would be disbarment from the airport for thirty (30) days
for first offense, or permanent disbarment for a second offense by
air or ground. None of the above is meant to except, duplicate, or
relieve an offender of other existing FAA, state, county, civil or
penal codes, rules or regulations. (Ord. No. 0-80-25, § 1, 12-8-80;
Ord. No. 0-89-04, § 7, 4-26-89)
Editor's note--Sections 2--6 of Ord. No. 0-89-04, adopted April 26, 1989, spe-
cifically repealed former §§ 3.5-4--3.5-8 which pertained to the airport advisory
board and derived from Ord. No. 0-80-25, § 1, adopted Dec. 8, 1980. Sections 7--9'
of Ord. No. 0~89-04, renumbered §§ 3.5-9~3.5-11 as §§ 3.5-4--3.5-6. Section 7 and
8 of Ord. No. 0-89-04 function amended the new §§ 3.5-4 and 3.5-5 to read as
herein set out.
Supp. No. 18
218
AIRPORT § 3.5-6
Sec. 3.5-5. Airport director.
The position of airport director, a department head of the 'city,
is hereby established. Prerequisites for the position would in-
clyde a strong background of administration and finance in
airport/aircraft related fields, as well as a sound understanding
of local government. The airport director, in addition to.supervis-
ing all airport activities, would be responsible for seeking and
procuring all future revenue bearing activities plus DOT and
FAA funding for which the airport qualified, subject'to the provi-
sions of the city charter. Additional public relation efforts and
exploration would be required in the areas of leases, contracts,
and concessions, to produce further revenues. The airport direc-
tor would submit, at the request of the council, an annual budget
in keeping with the city charter. During such times that no
airport director is appointed by the city manager, the city man-
ager shall serve as the airport director. The city manager can
appoint an existing city employee as the airport director. (Ord.
No. 0-80-25, § 1, 12-8-80; 0-89-04, § 8, 4-26-89)
Note--See the editor's note following § 3.5-4.
Sec. 3.5-6. Finance. ..~
The finance director shall have custody of all airport funds as
provided by the charter of the city. Expenditures of airport funds
for operations, maintenance, renewal and replacement shall be
recommended by the board for approval by the city council. The
board should annually, at the same time as is required by the
city, prepare in final form a detailed budget for the ensuing fiscal
year for approval of the city council. All airport funds shall be
subject to audit and safeguards required of all other funds of the -.'
city. (Ord. No. 0-80-25, § 1, 12-8-80; Ord. No. 0-89-04, § 9, 4-26-89)
Note--See the editor's note following § 3.5-4.
Cross references--Finances generally, § 2~52 et seq.; director of finance, §
2-72 et seq.
[The next page is 243]
Supp. No. 18
219
MINUTES CITY COUNCIL WORKSHOP JANUARY 2, 1985
MOTI~N BY COUNCILMAN ROTH, SECONDED BY COUNCILMAN SZELUGA TO APPOINT MR. EDWARD PALUCN
AS CHAIRf4AN OF THE AIRPORT ADVISORY BOARD.
)lOTION CARRIED.
MOTION BY COUNCILMAN MOTH, SECONDED BY VICE MAYOR MCKINLEY TO ACCEPT THE RESIGNATION
OF DEBORAH PALMER, FROM THE AIRPORT BOARD WITH REGRET.
MOTION CARRIED.
MOTION BY VICE MAYOR MCKINLEY, SECONDED BY MAYOR GALLAGHER TO APPOINT MR EARL MASTELLER
AS A REGULAR MEMBER OF THE AIRPORT BOARD.
(SZELUGA VOTED NAY) MOTION CARRIED.
MAYOR GALLAGHER STATED THAT IF ANY CITY RESIDENT WOULD BE INTERESTED IN SERVING ON THE
AIRPORT BOARD, TO PLEASE FILL OUT APPLICATION AT THE CITY CLERK'S OFFICE.
A1TORNEY 'PALMER READ BY TITL~ ONLY A RESOLUTION OF THE Oily OF SEBASTIAN FLORIDA AUTHORIZING
TWENTY (20) CORPORATE MEMBERSHIPS AT THE SEBASTIAN MUNICIPAL GOLF COURSE. THERE SHALL BE
A MAXIMUM OF ONE MEMBERSHIP PER CORPORATION.
MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILWOf4AN KEENAN, ~0 APPROVE TH~ RESOLUTION
AS READ.
couNpILP, vl qZqLUGF I
COUN~IIJ, tAN qOlH I I
COUN~I~I,~O'qlAqqEEN~NI
MAYO~.ACL~.~ RU
NAYS: NONE MOTION CARRIED.
ATTORENY PALMER READ BY TITLE ONLY A RE$~]~p~q"'1~£ CITY OF SEBASTIAN FLORIDA AMENDING
THE BUDGET OF THE MUNICIPAL GOLF COURSE I0! pgP4F~"gqS BY INCREASIHG OPERATING REVENUE BY
,30.000.00 AND INCREASING THE CAPITAL OUIL~'Y1 ?~ I~tt'~LDING IMPROVEMENTS BY ,30. 000.00.
MOTION BY VICE MAYOR MCKINLEY, SECONDEO B"Y--.r-.~ONC~,.L4'/OMAN KEEHAN. TO APPROVE THE RESOLUTION
AS READ.
NAYS: HONE
MOTION CARRIED.
MOTION BY COUNCILWOMAN KEENAN, SECONDED BY COUNCILMAN ROll(, TO ACCEPT VICE MAYOR
MCKINLEY AS COUNCIL'S REPRESENTATIVE TO THE TREASURE COAST REGIONAL PLANNING COUNCIL.
MOTION CARRIED.
THERE WAS CONSIDERABLE DISCUSSION REGARDING LEASE GUIDELINES FOR THE AIRPORT.
MOTION BY MAYOR GALLAGHER, SECONDED BY COUNCILMAN MOTH TO HAVE A MORATORIUM ON LEASING
OF NEW PARCELS OF PROPERTY AT THE AIRPORT UNTIL THE MASTER PLAN IS COMPLETED AND APPROVED;
(COUNCILMAN MOTH AND COUNCILMAN SZELUGA VOTED NO) MOTION CARRIED.
ATiORNEY PALMER STATED THAT HE HAS WRITTEN A SECOND LETTER TO MR. BARGE AND MRS. TRUEWORTHY
REGARDING THE PURCHASING OF THEIR PROPERTY, LOCATED ON INDIAN RIVER DRIVE, BY THE CITY.
MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILWOMAN KEENAN, TO RECEIVE AND FILE PLANS
FROM GENERAL DEVELOPMENT UTILITIES EXTENSION FOR WATER LINES IN UNIT 14.
MOTION CARRIED.
OISCUS$10N WAS HELO ON THE COUNTY IMPACT FEE5 WHICH ARE TO BE USED FOR ROAD CONSTRUCTION.
DISCUSSION WAS HELO ON MEMO FROM THE PLANNING AND ZONING COMMISSION RESTRICTING MOBILE HOMES
IN R-! DISTRICT.
MOTION BY COUNCILMAN ROTH~ SECONDED BY VICE MAYOR MCKINLEY, TO ALLOW THE SEBASTIAN SINGERS
TO CONTINUE TO USE THE CO~14UNITY CENTER, FREE OF CHARGE, FOR 1985.
MOTION CARRIED.
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