HomeMy WebLinkAbout05081991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 8, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Ed Eb¥ - First Church of the
Nazarene, Sebastian
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
91.127
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - National Peace Officers Memorial
Day - May 12-18, 1991
7. PRESENTATIONS
None
91.128/
90.229
91.129/
89.101
91.130/
89.101
10.
91.131
91.132/
89.032
91.133
8. PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. 0-91-12 - U.S. 1Rezoning - CL
(Commercial Limited) to CG (Commercial General) -
60 Parcels
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONiNG
APPROXIMATELY 6O PARCELS OF LAND MORE OR LESS LOCATED
ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND ON BOTH
SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT
LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT
TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES ~N
CONFLICT HEREWITH; PROWDING FOR SEVERASISITY; AND
PROVIDING FOR AN EFFECT~VEDATE. (lst Reading
3/27/91, Advertised ~/F~¢/V/
9. PUBLIC INPUT
.A. NonTAgenda Items
Ron Harsh -Discuss Possible Purchase of
Property Adjacent to Riverview Park (CAVCORP
Property) (Harsh Letter dated 5/1/91)
Charles Stachel - Consider Feasibility of
Purchase of SuperAmerica of Florida, Inc.
Property Adjacent to Riverview Park (Stachel
Letter dated 5/2/91)
B. Agenda Items
CONSENT AGENDA
Approval of Minutes - 4/24/91 Regular Meeting,
5/1/91 Workshop
1991/92 Budget Calendar (Staff Recommendation
dated 4/24/91, Calendar)
Direct City Attorney to Draft Ordinance and Set
Public Hearing 6/12/91 for Stipulated
Settlement Agreement and Comprehensive Land Use
Plan Amendments (Staff Recommendation dated
5/2/91)
Bid Award - Sebastian Municipal Golf Course - 600
Lbs Orthene insecticide (Staff Recommendation
dated 5/2/91, Bid Tabulation Form)
2
/ 91. 134
RESOLUTION NO. R-91-16 - Mutual Aid Agreement
Between City of Sebastian P.D. and City of
Fellsmere P.D. (Staff Recommendation dated
4/23/91, R-91-16, Proposed Mutual Aid Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID
AND VOLUNTARY COOPERATION AGREEMENT WITH THE CITY OF
FELLSMERE, FLORIDA; RATIFYING THE.AGREEMENT AS SIGNED
BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
91.135
Pelican Island Art Group - Request to Utilize
Riverview Park - Shows 11/16/91, 11/17/91,
2/8/92, and 2/9/92 (Staff Recommendation dated
4/25/91, Thompson Letter dated 4/29./91)
91.122
Direct City Attorney to Prepare Necessary
Documents to Effect Jurisdictional Transfer from
Indian River County to City for Portion of Indian
River Drive Within City Limits Subject to
Conditions (City Manager Recommendation dated
4/23/91)
11. COMMITTEE REPORTS/RECOMMENDATIONS
91.136/
89.221
'016
91.137
91.061
12.
13.
OLD BUSINESS
NEW BUSINESS
Riverfront Study Committee
1. Request Advertised Joint Meeting With City . I
Council and Planning & Zoning Commission
5/30/91 @ 7:00 D.m. (Staff Recommendation
dated 5/9./91, Kinchen Memo dated 4/30/91)
Contamination Assessment Report Proposal for
Sebastian Central Garage from Empire Engineering
(Staff Recommendation dated 5/2/91, Proposal)
Computer Consultant Proposal - Dobson, Bjerning,
Duffey and Rosenfield - $25,000 (City Manager
Recommendation dated 4/25/91, DBDR Letter dated
4/24/91, FY 90, 89, 88, 87, 86 Audit Pages)
Engineering Contract - Louisiana & Schumann
Projects - Approve Proposal for Professional
Services from Masteller, Moler & Mayfield, Inc. -
$30,000 from Gas Tax Fund ~ $ 9,700 from General
Fund (City Manager Recommendation dated 4/22/91,
Mayfield Letter dated 4/12/91)
3
91.138
91.139
91.045
14.
15.
16.
17.
18.
Vickers Grove Preliminary Subdivision Plat (Staff
Recommendation dated 5/1/91, P & Z Memo dated
12/21/90, Application, Davis Memo 5/1/91, Davis
Memo dated 3/27/91, Fischer Letter dated 2/27/91,
Maps and Plans)
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
Request City Council Send Letter to Indian
River County Commission - Liaison with County
Staff and FEC Staff Re: Current Construction
on CR 512 (I Respectfully Request Postpone-
ment To Next Meetin9 If I Am Not Present)
(Holyk Memo dated 5/2/91)
Request City Council Send Letter to County
Commission Rescinding Prior letters Re: "Twin
Pairs" and State Current Position of City
Council (I Respectfully Request Postpone-
ment To Next Meeting If I Am Not Present)
(Holyk Memo dated 5/2/91)
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
4
5/8/91 REGULAR CITY COUNCIL
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.
5/8/91 Agenda
8. PUBLIC HEARING, FINAL ACTION
91.128/ A.
90.229
ORDINANCE NO. 0-91-12 - U.S. 1 Rezonin~ - CL
(Commercial Limited) to CG (Commercial General)
60 Parcels / ~
1. 0-91-12 ~ ,3~ / =
NQ,~-Agenda Items
91.129/ 1.
89.101
Ron Harsh - Discuss Possible Purchase of
Property Ad3acent to Riverview Park (CAVCORP
Property)
· 1. Harsh Letter dated 5/1/91
91.130/ 2.
89.101
Charles Stachel - Consider Feasibility of
Purchase of SuperAmerica of Florida, Inc.
Property Adjacent to Riverview Park
1. Stachel Letter dated 5/2/91
B. Agenda Items
10. CONSENT AGENDA
91.131 B.
A_p~proval of Minutes
1. 4/24/91 Regular Meeting
2. 5/1/91 Workshop
(Council and Manager Only)
1991/92 Budget Calendar
1. Staff Recommendation dated 4/24/91
2. Calendar
91.132/ C.
89.032
Direct City Attorney to Draft Ordinance and Set
Public Hearing 6/12/91 for Stipulated Settlement
Agreement and Comprehensive Land Use Plan Amendments
1. Staff Recommendation dated 5/2/91
91.133 D.
Bid Award - Sebastian Municipal Golf Course - 600
Lbs Orthene Insecticide
1. Staff Recommendation dated 5/2/91
2. Bid Tabulation Form
1
91. 134 E.
91.135 F.
91.122 G.
11.
A.
91.136/ 1.
89.221
13.
91.016 A.
91.137 B.
91.061 C.
RESOLUTION NO. R-91-16 - Mutual Aid ~reement
Between City of Sebastian P.D. and ~ of
Fellsmere P.D.
1. Staff Recommendation dated 4/23/91
2. R-91-16
3. Proposed Mutual Aid Agreement
Pelican Island Art Group L Request to Utilize
Riverview Park - Shows 11/16/91~ 11/17/91,
2/8~92, and 2/9/92
1. Staff Recommendation dated 4/25/91
2. Thompson Letter dated 4/22/91
Direct ~ Attorney to Prepare Nece~..sary
Documents to Effect Jurisdictional Transfer from
Indian River County to City for Portion o~-Indian
River Drive Within City Limits Subject to.Conditions
1. City Manager Recommendation dated 4/23/91
COMMITTEE REPORTS/RECOMMENDATIONS
Riverfront Study Committee
Request Advertised Joint Meeting With City
Council and ~ ~ ~ Commission L
5/30/91 ~ 7:00 p,m.
1. Staff Recommendation dated 5/2/91
2. Kinchen Memo dated 4/30/91
NEW BUSINESS
Contamination Assessment Report ~ fo__~r
Sebastian Central Garage from Empire Engineering
1. Staff Recommendation dated 5/2/91
2. Empire Letter dated 4/30/91
3. Proposal
Computer Consultant Proposal ~ Dobson, Bjerning,
Duffey and Rosenfield - S25,000
1. Cit~' Mana--~R--~m~endatiO~ dated 4/25/91
2. DBDR Letter dated 4/24/91
3. FY 90, 89, 88, 87, 86 Audit Pages
Engineering Contract - Louisiana & Schumann
Projects - Approve ProDosal for Professional Services
from Mastellerm Moler & Mayfield, Inc. - $30,000 from
Gas Tax Fund - $ 9,700 from General F6n~
1. City Manager Recommendation dated 4/22/91
2. Mayfield Letter dated 4/12/91
2
91.138
91.139
91.045
15.
D. Vickers Grove Preliminary Subdivision Plat
1. Staff Recommendation dated 5/1/91
2. P & Z Memo dated 12/21/90
3. Application
4. Davis Memo 5/1/91
5. Davis Memo dated 3/27/91
6. Fischer Letter dated 2/27/91
7. Maps
(Plans under sep'arate cover - Council only)
COUNCIL MATTERS
Councilman Holyk
f '
Request City Council Send Letter to Indian'
River Cou~ Commission - Liaison with County Staff
and FEC Staff Re: Current Construction on CR 512
1. Holyk Memo dated 5/2/91
Request City Council Send Letter to County Commission
Rescinding Prior letters Re: "Twin Pairs" and State
Current Position of City Council
1. Holyk Memo dated 5/2/91
3
ORDINANCE NO.: 0-91-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN
PROPERTY IN THE NORTHEASTAREAOF THE CITY, APPROXIMATELY
60 PARCELS OF LAND MORE OR LESS LOCATED ALONG THE WEST
SIDE OF U.S. HIGHWAY #1 AND ON BOTH SIDES OF U.S. HIGHWAY
#1 AT THE NORTH CITY LIMIT LINES, FROM CL (COMMERCIAL
LIMITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL)
ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the city staff
previously recommended to the City Council of the City of
Sebastian, Indian River County, Florida, the rezoning of certain
commercial parcels of land in specific areas along U.S. Highway #1,
as more specifically described elsewhere in this Ordinance; and,
WPIEREAS, on August 2, 1990, the Planning and zoning Commission
conducted a public hearing on the requested zoning change and has
submitted to the City Council a recommendation in favor of the
proposed change of zoning relative to sixty (60) parcels of land
located along U.S. Highway #1 as listed in Exhibit "A" attached
hereto and incorporated herein by this reference; and
WHEREAS, the City Council has, in accordance with Florida
Statutes Section 166.041, directed the City Clerk to notify by mail
each real property owner whose land is the subject of this
Ordinance or whose land will be affected by this Ordinance; and
WHEREAS, the City Council has conducted a public hearing to
receive citizen input and has considered the criteria identified
in Section 20A-11.6(C) of the Land Development Code together with
the recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the sixty (60) parcels of land listed in Exhibit "A"
attached hereto and incorporated herein by this reference.
Section 2. DISTRICT. That the real property described
in this Ordinance is hereby rezoned from City zoning district CL
(Commercial Limited) to City zoning district CG (Commercial
General). The official City Zoning Map shall be amended to reflect
this change in zoning district.
Section 3. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of
competent Jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the 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
2
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
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 W. E. Conyers
vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of
ATTEST:
, 1991.
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
Kathryn M. 0'Hal'~orah, CMC/AAf
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of ~1, and
that following said public hearing~his Ordinance was p~s~ by the
City Council.
~thryn M. O'Hall°ran, CMC/AAE
City Clerk
Approved as to Form and Content:
C~arles Ian NaSh~ City Attorney
EXHIBIT "A"
PARCEL NUMBERS
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23,
21 30 38
21 30 38
21 30 38
30 30 38
30 30 38
30 30 38
30'30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
30 30 38
21 30 38
21 30 38
06 31 39
06 31 39
06 31 39
06 31 39
(suB)
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00001
00024
00002
00002
(BLK)
0000
0000
0000
0070
00$0
0080
0090
0090
0090
0090
0090
0090
0040
0060
0060
0060
0060
9999
9999
0030
0000
0000
0000
(LOT)
00019 0
00021 0
00025 2
00000 1
00001 ·
00000 3
00001 0
00002 0
00003 0
00004 0
00012 0
00013 ·
00007 0
00001 0
00009 ·
00000 2
00000 1
00037 0
00038 0
00003 0
00000 o
00010 0
00007 0
PAGE 2
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34
35.
36
37.
38
39.
40
41.
42
43.
44
45.
46.
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
(suB)
00002
00002
00000
00000
00004
00004
00004
00004
00000
00022
00003
00000
00000
00006
00006
00006
00006
00006
00000
00003
00003
00003
00003
(BLK)
0000
0000
0010
0010
0000
0000
0000
0000
0010
0000
0001
0040
0040
0000
0000
0000
0000
0000
0050
0020
0010
0010
0010
(LOT)
00004.0
00001.0
00006.0
00005,0
00002.0
00001.0
00003.0
00004.0
00009.0
00000.0
00001.0
00005.0
00007.0
00001.0
00002 0
00002 1
00004 0
00005 0
00018 0
00001 0
00012 0
00009 0
00008 0
PAGE 3
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
06 31 39
(suB)
00003
00003
00003
00012
00012
00012
00012
00012
00012
00012
00000
00000
00000
00000
(BLK)
0010
0010
0010
0000
0000
0000
0000
0000
0000
0000
0050
0050
0050
0050
(LOT)
00007 1
00005 0
00001 0
00002 0
00005 0
00008 0
00010 0
00011 0
00014 0
00023 0
00022 ·
00016.0
00012.0
May 1, 1991
City Manager
City of Sebastian
Sebastian, Fl.
To whom it may concern;
By way of this letter, I wish to address the City Council on
Wednesday, May 8th. regarding the possible purchase of property
adjacent to Riverview Park for future park expansion.
I wish to propose several alternate ways by which this property
may be obtained with minimal outlay of taxpayer dollars, and why
it is important that the City act quickly before this property
is sold.
Thank-you for your consideration.
Ron C. Harsh
931 Barber St.
Sebastian, Fl.
589-4138
City Manager
City of Sebastian
May 2, 1991
Please place on the May 8, 1991 City Council
Agenda item - urge city council to consider the
feasibility of an offer to SuperAmerica of Florida, Inc.
with regard to their property adjacent to City Park for
the purpose of City Park expansion.
Charles P.~tachel
1698 Coral Reef St.
Sebastian, Fi. 32958
(407) 388-2454
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
'FAX 407-589-5570
SUBJECT: 1991 - 1992
Budget Calendar
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda of
)
) Exhibits:
)
)
)
Finance (LWN)
~24~9!
5-08-9~
1991 - 1992
Budget Calendar
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Attached is a proposed calendar of events for the 1991-1992 City Budget.
Please note that the City Council review will take place on Saturday,
August, 10, 1991.
RECOMMENDED ACTION
Move to approve the 1991 - 1992 budget, calendar.
q//3/
1991 - 1992 BUDOET CALENDAR
~pril 15
May 8
May 29
July 1
No Later Than
July 30
July 31
August 10
September 4
September 6
September 11
September
September 25
October i
Budget Forms to Department Heads
Regular City Council Meeting
Adopt Budget Calendar
Department Heads present budget requests
to city Manager and Finance Director
County Property Appraiser certifies
taxable value within jurisdictioD. of
the City
Finance Director advises Property
Appraiser of a) proposed millage rate,
b) current year rolled back rate and
c) day, time and place of first public
hearing
City Manager presents Proposed 1991-92
Budget to Mayor and City Council
city Council review of Proposed Budget
First Public Hearing - Budget
Council adopts the Tentative Budget and
Proposed Millage Rate
Advertise Budget Summary and Millage
Rate and Notice of Final Public Hearing
in Vero Beach Press Journal & Sebastian Sun
Final Public Hearing - Budget
Adopt Millage Rate Resolution and Budget
Resolution
Finance Director forwards copy of Resolution
adopting Budget and Millage Rate to Property
Appraiser and Tax Collector
Weekly Staff Meeting-Review Final Budget
New Budget goes into effect
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT, )
SET PUBLIC HEARING FOR STIPULATED )
SETTLEMENT AGREEMENT AND )
COMPREHENSIVE PLAN AMENDMENTS )
Approved For Submittal By: )
City Manag ~.' ~ ~ ~i pO. )
)
)
)
Agenda No.
Dept. Origin Commu~nit¥ Development ,o
Date Submitted 5LO2/91
For Agenda Of
5108191
Exhibits,
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED,
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
The Stipulated Settlement Agreement between the Department of Community
Affairs and City of Sebastian is a statement of intent by City Council to
the Department of Community Affairs that they will adopt the changes that
have been agreed upon City of Sebastian and the Department of Community
Affairs in order to bring the City's Comprehensive Land Use Plan into
compliance.
By adopting the Stipulated Settlement Agreement, the City will then h~ve
sixty (60) days in which to make the necessary amendments to the
Comprehensive Plan in order to accomplish compliance. Once this is done,
the Department of Community Affairs will dismiss the proceedings which
they have filed against the City of Sebastian, wherein they challenge the
City's Comprehensive Plan, and issue a certificate of compliance with
respect to the City's Comprehensive Plan.
If the City determines not to enter into this settlement agreement, the
adversarial proceeding between the Department of Community Affairs and the
City of Sebastian will continue. This will require a lengthy hearing on
the issues which are not resolved with respect to the City's Comprehensive
Plan. If, this agreement is adopted, however the necessary remedial
action is not taken within the required sixty (60) days, then this case
will again be set for an administrative hearing with regard to the non-
compliance of the City's Comprehensive Plan.
Page 2
Ail proposed changes in the City's Comprehensive Plan are set forth in
Exhibit "B" of the Stipulated Settlement Agreement. The Planning and
Zoning Commission has recommended to the City Council approval of Exhibit
"B" with corrections. Staff will be preparing Exhibit "B" with all
changes and submitting this document for your review within your packet
for the June 12, 1991 City Council meeting.
RECOMMENDED ACTION
Move to direct the City Attorney to draft an ordinance t~'transmit
proposed amendments to the Comprehensive Plan and to set public hearing
for both the Stipulated Settlement Agreement and first public hearing for
transmittal for June 12, 1991.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589~5570
SUBJECT: Bid Award - SMGC 600
Pounds or Orthene Turf.
Tree and Ornamental
Insecticide
Approved For Submittal By:
City Manager/~[ G
Agenda No.
Dept. Origin
Date Submitted
FINANOE t'LWN)
5-2-~
For Agenda of 5-8-91
Exhibits: Bid Tabualtion
EXPENDITURE
REQUIRED: $5,430.
AMOUNT
BUDGETED: $30,000.
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Five (5) bids were received for 600 pounds of Orthene Insecticide for the
Sebastian Municipal Golf Course. All five (5) bidders bid exactly the
same amount of $9.05 per pound. Bid forms were issued to each interested
bidder with specific instructions to use the bid form when submitt,}ng a
bid. Only two (2) of the bidders followed the procedure properly,
Woodbury Chemical of Orlando and Lesco, Inc. of Rocky River, Ohio. City
Code section 2-64(h)(1) states "If the lowest responsible bids received
are for the same total amount or unit price, quality and service being
equal, the contract shall be awarded to the local vendor." In this case
the local vendor would be Woodbury Chemical from Orlando. Adequate funds
are budgeted.
RECOMMENDED ACTIO~
Move the bid for 600 pounds of Orthene be awarded to the best bidder,
Woodbury Chemical of Orlando. in the amount, of $5,430.00.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN. FLORIDA 32978
TELEPHOHE (407) S89-6330
FAX 407-589-5570
SUBJECT:
Proposed Mutual Aid Agreement with
Fellsmere Police Department
Approved For Submittal By:
City Manager ~_,
) Agenda No.
)
) Dept. origin
)
) Date Submit ted
) For Agenda Of
)
) Exhibits:
)
)
)
POLICE
· 04-.23-91 _
05/08/91
Proposed Mutual Aid Agreement
Resolution No. R-91-16
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In brief, this oroposed agreement authorizes the Sebastian Police Department
and the Fellsme~e Police Department to assist each other in dealing with
specific events (refer to Section 2), and it enables voluntary cooperation
of various investigations (refer to Section 3). This agreement, in my
opinion, best serves the needs of our Department to enhance our protection
of Sebastian's residents. I recommend the Cot,ncil approve this Mutual Aid
Agreement.
RE~IX~D ACTION
Motion to Approve Resolution R- 91-16
RESOLUTION NO.: R-91-16
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID AND
VOLUNTARY COOPERATION AGREEMENT WITH THE CITY OF
FELLSMERE, FLORIDA; RATIFYING THE AGREEMENT AS SIGNED
BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Fellsmere, Florida, has requested th~% the City
sign a Mutual Aid Agreement; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Mutual Aid Agreement and after engaging in
deliberations, has determined that it would be in the best
interest of the City of Sebastian and its citizens, and in
furtherance of a valid municipal purpose, for the City of
Sebastian to grant the Mutual Aid Agreement by the City as
requested by the City of Fellsmere, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 'COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 2. RATIFICATION. The City Council of the City of
Sebastian, in recognition of the requirements of Chapter 23 of"
the Florida Statutes, hereby ratifies the Agreement, Exhibit "A",
as signed by the Chief of Police of the City of Sebastian.
Section 3. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed Mutual
Aid Agreement with the City of Fellsmere, Florida, a copy of the
proposed Mutual Aid Agreement having been attached to this
Resolution as Exhibit "A" and by this reference is incorporated
herein.
Section 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. 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 pre'~.~umed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Resolution without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing ReSolution 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 W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter Holyk
Councilman Lonnie Powell
Councilman George Reid
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1991.
By:
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
CITY OF SEBASTiAN,~ FLORIDA
W.E. Conyers, Mayor
Approved as to Form and Content:
Charles Ian Nash, City Attorney
MUTUAL ~D ~D VOLUNT&RY COOPEI~TION ~EEMENT
WHERE~S, the subscribed law enforcement agencies are so
located in relation to each other that it is to the advantage of
each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to (1)
intensive situations including but not limited to emergencies as
defined under Section 252.34(2), F.S. and (2) continuing, multi-
Jurisdictional law enforcement problems, so as to protect the
public peace and safety, and preserve the lives and property of
the people~ and
WHERE~$, the CITY OF SEBASTIAN, and the CITY OF ~FELLSMERE
POLICE DEPARTMENT, have the authority under Part I of Chapter 23,
Florida Statutes (1987), the Florida Mutual Aid Act, to: (1)
enter into a requested operational assistance agreement for the
requesting and rendering of assistance in law enforcement
intensive situations and emergencies, and (2) a voluntary
cooperati6n agreement for assistance of a routine law enforcement
nature that crosses Jurisdictional lines;
NHERE~S, the law enforcement agencies of Indian River
County, Florida, are charged with the investigation of criminal
offenses occurring within their respective Jurisdictions,
including, but not limited to, violations of the Florida
Comprehensive Drug Abuse Prevention and Control Act~ and
WHERE~S, each law enforcement agency may, from time to time,
require additional resources to efficiently and expeditiously
pursue such criminal J. nvestigations~ and
WHEREAS, criminal activity occurring within the jurisdiction
of one local government oftentimes impacts upon criminal activity
occurring in adjacent jurisdictions; and
WHEREAS, the citizens of Indian River County can best be
served by an organized and unified approach to the investigation--
of criminal activity~ and
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the undersigned parties hereto agree as
follows:
DEFINITIONS.
"Police" shall mean the Police of the City of
Fellsmere. Florida, or the City of Sebastian, Florida.
Be
"Agency" shall mean the office of the City of Fellsmere
Police Department, Fellsmere, Florida, or the City of
Sebastian Police Department, Sebastian, Florida, and
that department or agency of an incorporate
municipality situated wholly within Indian River
County, F!o]:ida, which is charged and empowered with
the duties of law enforcement within the Jurisdictional
limits of such municipality.
"Law Enforcement Officer" shall mean any person
certified aT a full-time or part-time law
enforcement officer by the Criminal Justice Standards
and Training Commission of the State of Florida who
has met all cf the minimum requirements for training
as set forth in Chapter 943, Florida Statutes (1989),
as amended, and is employed as a police officer or
public safety officer by a municipality situated wholly
within Indian River County, Florida, or as a police
officer of Indian River County, Florida. j
"Participating Agency" shall mean any agency operated
by a party to this Agreement.
"Party" shall mean any incorporated municipality
~ituated wholly within Indian River County, Florida, who
has entered into this Agreement as evidenced by the
appropriate execution of this Agreement.
"Requesting Agency" shall mean an agency which seeks
assistance from another law enforcement agency.
"Responding Agency" shall mean a law enforcement
'agency which directs its personnel to leave its primary
area of Jurisdiction in response to a request for law
enforcement assistance initiated by the law enforcement
agency having primary jurisdiction in the area to which
the responding agency's personnel are directed.
"Emergency" shall mean any situation or set of
circumstances in which life or property is in imminent
danger.
~ PROVI~[~_O/~S FOR OPERATIONAL ASSISTANC~
Therefore, be it known that the aforesaid law enforcement
agencie~ hereby approve and enter into this Agreement whereby
each of the agencies may request and render law enforcement
assistance to the other, to include but not necessarily be
limited to dealing with civil disturbances, large protest
demonstrations, aircraft disasters, fires, natural or man-made
disasters, ~portinq events, concerts, parades, escapes from
detention facilities, and incidents requiring utilization of
specialized units.
2
~ PROVISIONS FOR VOLUNTARY COOPERATION.
in addition each of the aforesaid law enforcement agencies
hereby approve and enter into this Agreement whereby each of the
agencies may also request and render law enforcement assistance
to the other dealing with any violations of Florida Statutes to
include, but not necessarily be limited to, investigating
homicides, sex offenses, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations
pursuant to Chapter 893, F.S., backup services during patrol
activities, and inter-agency task forces and/or Joint
investigations.
~ ~L~CY ~ID PROCEDURE.
A. In the event that a party of this Agreement~s in need
of assistance as set forth above, it shall notify the agency head
or his designee from whom such assistance is required. The
agency head or designee whose assistance is sought shall evaluate
the situation and the agency's available resources, consult with
his/her supervisors if necessary and will respond in a manner
he/she deems appropriate. The agency bead's decision in this
regard shall be final.
B. The resources or facilities that are assigned by the
assisting agency shall be under the immediate command of a
supervising officer designated by the assisting agency head.
Such supervising officer shall be under the direct supervision
and command of the agency head or his designee of the agency
requesting assistance.
C. Where investigative priorities arise during a law
enforcement operation which may require enforcement action by the
investigating agency and which require crossing or Jurisdictional
lines, the investigating agency supervisor or his designee on
duty shall notify the on duty supervisor of the Jurisdiction
wherein investigation is required and request enforcement
assistance. The supervisor or his designee shall evaluate the
situation, consult with his/her appropriate supervisor and if
required ensure that proper requested enforcement assistance is '"
rendered.
D. Should a violation of Florida Statutes occur in the
presence of an officer representing his/her respective agencies
in furtherance of this Agreement he/she shall be empowered to
render enforcement assistance and act in accordance with the law.
~ POWEI~. PRIVZLEGEB, Z)~UNZTZEB ~i~D COSTS.
A. Members of th~ City police departments enteringing into
this agreement when actually engaging in mutual cooperation and
assistance outside of their respective jurisdictional city limits
under the terms of this Agreement, shall, pursuant to the
provisions of Section 23.127, Florida Statutes, have the same
powers, duties, rights, privileges and immunities as if they were
performing their duties in the political subdivision in which
they are normally employed.
B. Each party agrees to furnish necessary equipment,
resources and facilities and to render services to each other
party to the Agreement as set forth above~ provided however, that
no party shall be required to deplete unreasonably its own
equipment, resources, facilities, and services in furnishing such
mutual aid. (The requesting agency may compensate or-reimburse
the assisting agency for assistance under Section 2 of this
Agreement only, under terms specified in the agreement, or may
provide as follows in C and D:)
C. The agency furnishing any equipment pursuant to this
Agreement shall bear the loss or damages to such equipment and
shall pay any expense incurred in the operation and maintenance
thereof.
D. The agency furnishing aid pursuant to this section shall
compensate its appointees/employees during the time such aid is
rendered and shall defray the actual travel maintenance expenses
of such employees while they are rendering such aid, including
any amounts paid or due for compensation due to personal injury
or death while such employees are engaged in rendering such aid.
E. All of the privileges and immunities from liability,
exemption from laws, ordinances and rules, and all pension,
insurance, relief, d!sability, workers' compensation, salary,
death and other benefits which apply to the activity of such
officers, agents, or employees of any such agency when performing
their respective functions within the territorial limits of their
respective public agencies shall apply to them to the same
degree, manner, and eztent while engaged in the performance of
any of their function& and duties extraterritorially under the
provisions of this Mutual Aid Agreement. The provisions of this
section shall apply with equal.effect to paid, volunteer, and
reserve employees.
F. Nothing herein shall prevent the requesting agency from
requesting supplemental appropriations from the governing
authority having budgeting jurisdiction to reimburse the
assisting agency for any actual costs or expenses incurred by the
assisting agency p,rforming hereunder when assistance is
requested under Section 2: Provisions For Operational Assistance.
SECTION $, INDEMNIF=ICATION.
Each party engaging in any mutual cooperation and
assistance, pursuant to this Agreement, agrees with respect to
any suit or claim for damages resulting from any and all acts,
omissions, or conduct of such party's own employees occurring
while engaging in rendering such aid pursuant to this Agreement,
to hold harmless, defend and indemnify the other participating
party and its appointees or employees, subject to provisions of
Section 768.28, Florida Statutes, where applicable, and provided
such party shall have control of the defense of any suit or claim
to which said duty to indemnify applies.
SECTION 7. ~IABi~TY....INSURANCB~ ~
Each party sba1! provide satisfactory proof of liability
insurance by one or more of the means specified in Section
768.28(14), Florida Statutes, in an amount which is, in the
Judgment of the governing body of that party, at least adequate
to cover the risk to which that party may be exposed. Should the
insurance'coverage, however provided, of any party be cancelled
or undergo material change, that party shall notify all parties
to this Agreement of.such change within ten (10) days of receipt
of notice or actual knowledge of such change.
EFFECTIVE DATE.
a. Those portions of this Agreement respecting operational
assistance shall be in effect from ,
through and including . T os portions
respecting voluntary coopera%i°n shall remainhineeffect from
, until terminated in writing or, with
respect to an individual party, until that party elects to
withdraw.
b. In addition to the terms set forth in paragraph "a" of
, this agreement shall only become in full force ~
ratification, by proper adoption of a resolution
ncil of the City of Sebastian.
SECTION ~, CANCELLATION.
This Agreement may be cancelled by any party upon deliver~
of written notice to the other party or parties. Cancellation
will be at the direction of any subscribing party.
5
IN WITNBSS WHEREOF, the parties hereto cause these presents
to be signed on the date specified.
SEBASTIAN POLICE DEPARTMENT
Witness
Chief of Police
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By: ~.
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
FELLSMERE POLICE DEPARTMENT
Dale Howard
Chief of Police
CITY OF FELLSMERE, FLORIDA
rook~,ffa~
e orah Krages /
City Clerk --
(Seal)
Approved as'to form and content by:
Richard E. Torpy, Es.~uire
Assistant City Attorney
6
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT=
REQUEST FROH PELICAN ISLAND ART
GROUP TO UTILIZE RIVERVIEW PARK
Approved For Submittal By,
City ..an~er ~ ~
) Dept. Origin Community Development
) ( B c
) Date Submitted ~[2,~[,,9,1
)
) For Agenda Of 5/O~,[9,[,,
)
) Exhibits:
) Letter dated 4/28/91 from Harry
) Thompson
)
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
Harry Thompson from the Pelican Island Art Group is requesting permission
to utilize Riverview Park on Saturday and Sunday, November 16th and the
17th, 1991 (Sebastian Art Festival) and Saturday and Sunday, February 8th
and 9th, 1992 (Sebastian Art Show). Mr. Thompson has also requested to
place a 4 x 4 sign during the event.
RECOMMENDED ACTION
Move to approve the request from Pelican Island Art Group to hold shows on
November 16th and 17th, 1991 and February Sth, and 9th, 1992 subject to,
1. $100.00 security deposit,
2. No vehicles within the park,
3. Applicant to provide sufficient waste receptacles and clean up after
event,
4. No alcohol beverages are permitted within the park,
5. All displays must be clear of the sidewalks and entrance ways.
PELICAN ISLAND ART GROUP
391 S. W. Benchor St.
Sebastian, Fl. 32958
April 28, 1991
Mayor Will .Conyers and
Members of the Council
City of Sebastian
P. 0. Box 780127
Sebastian, Fl. 32978
Gentlemen:
On April 22nd, we wrote requesting t~e use of
Riverview Park on two occasions. In the meantime, it
came to our attention that we will be in conflict
with another event on the November dates we requested.
We would like to change our Movember Uates to:
Saturday and Sunday, November 16th and 17th, 1991.
We hope this meets with your approval.
Very truly yours,
Harry f~. Thompson
HT:ms
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570
SUBJECT= Indian River Drive
Approved For Submittal By:
City Manager
Agenda No. ~/~'~
Dept. of Origin: City Manager
Date Submitted= O4/23/91
For agenda Off 05/01/91
Exhibits=
- J. Davis Letter Dated 4/18/91
EXPENDITURE
REQUIRED~
AMOUNT
BUDGETED~
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
At the joint City - County meeting held on December 5, 1991, the City
Council and Indian River County Commissioners discussed the
possibility of the city of Sebastian assuming jurisdiction of Indian
River Drive. Since that time, the City has submitted park and drainage
improvements which will affect Indian River Drive, and has received
correspondence from IRC Public Works Director, Jim 'Davis. Mr. Davis
suggests that Indian River Drive could be transferred to City
jurisdiction within the City limits. Mr. Davis suggests three (3)
conditions for such a transfer:
1. The County be granted a perpetual easement for water and
sewer facilities.
2. The County would perform all needed repairs. The
necessary repairs would be identified in a "punch list"
developed by the City Engineer and a County representative.
3. That the County remove the dead Australian Pine trees
within the right-of-way including stumps.
I concur with Mr. Davis' recommendation. Should the City Council wish
to proceed, the City Attorney would draw up the necessary documents
for formal City Council and County Commission action.
RECOMMENDED ACTION
Move to direct the City Attorney to prepare the necessary documents to
effect a jurisdictional transfer from Indian River County to the City
of Sebastian for that portion of Indian River Drive within the
Sebastian City limits subject to the three (3) conditions outlined
above.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Joint Meeting-Riverfront )
Committee )
)
)
Approved For Submittal By:
City Manager
, ....
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
5-2-91
5-8-91
Exhibits: Memo from Kinchen
Dated 4-30-91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
d also like an
Final REport for Riverfront Study completed and needs
to be presented to Council and Planning and Zoning.
Riverfront Committee would like to present at joint
meeting on May 30, 1991 at 7:00 p.m.
ad in' ~e~ws~~~._~
RECOMMENDED ACTION '"'~
Move to approve the date of May 30, 1991 for Joint meeting
and ~vertisement in NewspTaper for public attendance.~
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
DATE: APRIL 30. 1991
TO:
FROM;
MAYOR AND CITY COUNCIL
LINDA KINCHEN~
SECRETARY, RIVER~RO~T-COMMITTEE
RE: JOINT MEETING TO PRESENT FINAL REPORT
PLEASE BE ADVISED THAT THE RIVERFRONT COMMITTEE-WOULD LIKE
YOUR APPROVAL OF MAY 30TH, '1991 AT 7:00 P..M. AS A [}ATE FOR A
JOINT MEETING BETWEEN CITY COUNCIL, PLANNING AND ZONING AND
THEIR COMMITTEE TO PRESENT THE FINAL REPORT.
ALSO, AS A PART OF THEIR MOTION SETTING THIS DATE, THEY WOULD
LIKE AN AD PLACED IN THE NEWSPAPER ADVISING THE PUBLIC OF
THIS MEETING DATE THE SAME AS IS RUN FOR A LAND USE CHANGE,
U
CONTACT ME REGARDING THIS MATTER.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Contamination Assessment.
Report Proposal for
Sebastian Central Garage
Approved For Submittal By:
Manager~~
City ~--~i~'/~,/;/~''c~ /~/.
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
FINANCE (LWN)
..,5-2-91
5-5-9]
Proposal from Empire
Engineering
EXPENDITURE
REQUIRED:/ $24,150.00
AMOUNT
BUDGETED: None
APPROPRIATION
REQUIRED: $24,150.
SUMMARY STATEMENT
the res "a~_ City Council Meeting of April 24, 1991, City Council
At
authorized the removal of the contaminated soil from the site.gn an
emergency basis. The City actually has up to sixty [60] days to complete
th~ removal but, the City Manager wanted the attached proposal for the
Contamination Assessment Report placed on the May 8, 1991 agenda. These
are two mutually e>:c!usive issues and the Contamination Assessment, Report
should be started as soon as possible. City Council should look at the
attached proposal~ appropriate the funds, and authorize the staff to
proceed accordingly. Adequate funds are available from general fund
unencumbered reserves.
RECOMMENDED ACTID~
Move that City Council accept the Contamination Assessment Report proposal
~om Empire. Engineering. appro_r~riate the necessary funds, and authorize.
the staff to proceed ac.rordingly.
05~01 1991
F~OM DIUE~$IFIED DEglGN
P,02
EMPIRE ENGINEERING & TESTING INC.
50 Filth Court
P,O. BOX 776 Veto Beach, Flor~da 32962
Vero Beach, Florida 32961
April 30, 1991
City of Sebastiam
post Office B,:,x 78012?
Sebastian, Flor ida 32978
Attention: Mr. Re, bert McClary
City Manager
Reference_: City of Sebastian Central Garage
Dear Robb,
Enclosed i_= a prop,:,sal for Empire Engineering and ~estin~
Inc. ? mhd Empire Environmental, to conduct m Contamination
Assessment o{ the City of Sebastian Central Garage.
A contamination Assessment normally con~imts o{ tho
individual tasks which are described on the attached
PleaSe be advised that the ,:ost~. and h,:~Ltrs are ~timetes and
~he analytical tasks are bm~ed on si:~': (6) sampling'points-
Th~ actual amount of-time for Drafting, Enoineering,
C. onsulting~ etc.~ will be itemized am it occurs.
prc. pc, sal does n,:,~ include additional tearing c,r other tasks
which DER may require or time involved in meetings with DER,
c. ther agent imm c,r toe City.
If you have any questions~ ploaSe give me m call.
Rempect fully submitted,
EMPIR£ ENGINEERING
AND !EST ING, I NC.
EMPIRE ENvIRONMENTAL~ INC.
Andrew Fein~t~in
VERO BEACH (407) 569-0~53
FAX (407) 569-3360
ST. LUCRE (407) 337-7911
MELBOURNE (407) 676-9956
EMPIRE ENGINEERING & TESTING INC.
P.O. Box 776 50 Fifth Coud
Vero Beach, Florida 32961 Vero Beach, Florida 32962
I. Tasks
PROPOSAL FOR CONTAMINATION ASSESSMENT
Determine directi.~-,n c,f groundwater flow
three .(3) Temporary Monitc, ring Wells m~
· 300.00 each ............................ $
Well Casing Survey. ...................... $
900. O0
r
300. O0
Engineering and Drafting, $75.00/hr. -
16 hours ................................ $ 1.20'.).00
Instal! Permanent Monitoring Wells
Five (5) 15-20 ft. Well~ 8 $500. O0/well
One ( 1 ) 30-35 ft. Wel I @ $650. O0/wel 1
500 O0
650.00
Soil Sampling at Well .location Split
Spoon Sampling fi. ye (5) locations ........ $ 750.00
Two <2) Technicians - $75.00 ea. -
8 hc, urs ................................. $
Lease of OVA $200.O0/day. ................ $
1 ~ 200. O0
200. O0
C,--,tle,ztion and Analysis c,f Groundwater
Lab Technicians $60.O0/hr - 10 hour~_ ..... $ 600.00
Analyze for 601/602, 61r~, TRF'H, EOB,
Lead .....................................
Sampling: Aquider Te~ts ................ $
Survey of Portable Wells $75·OF~/hr -
8 hour~ ............................. $ 600.
Rep,,,r t
Drafting 35 hour_= ~ $75.00/hr ........... $ 2,625.00
Consulting 40 hoL, rS e $100.O0/hr ........ $ 4,006).00
Engineer 20 hour~ · $125.00/hr ......... $ 2,500.00
Secretarial 25 hours ~ $25.00/hr ........ $ 625.00'
TOTAL ESTIMATED COST
VERO BEACH (407) 569-0153
FAX (407) 569-3360
$24, 150. O0
ST. LUCIE (407,) 337-7911
MELBOURNE (407) 676-9956
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Computer Consultant
Approved For Submittal By:
City Manager
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
~ O._~f ~ City Manager
Date Submitted=
For Agenda Of:
Exhibits:
05/08/9,1
- Dobson Letter Dated 04/24/91
- PP 68-69 F-90 Audit, Dated
02/01/91
- P 60 F-89 Audit, Dated
02/21/90
- P 39 F-88 Audit, Dated
12/09/88
- P 31 F-87 Audit, Dated
02/03/88
- P 31 F-86 Audit, Dated
02/06/87
EXPENDITURE
REQUIRED: $25,000
AMOUNT
BUDGETED: $43,000
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Finance Department has out grown its current computer
system. This is an old problem and continues to grow worse
through the years. This is evidenced by audit comments for at
least the past five (5) years. The selection of a data
processing system is a complex process and should be done by
people who have experience not only in data processing but also
governmental fund accounting. I had requested the City auditors
to submit a proposal to the City outlining the terms of an
engagement to serve as the City's computer consultants. The firm
of Dobson, Bjerning, Duffey and Rosenfield has extensive
experience in both data processing and governmental fund
accounting. This firm would represent no one but the City; they
do not represent any software or hardware vendor. Further, this
firm is familiar with the City's needs.
The total fee for these professional services is not to exceed
$25,000. While the cost of the computer upgrade and requisite
consulting services will exceed the $43,000 budgeted, adequate
funds are available in General Fund Reserves to meet the City,s
needs.
Move to approve the engagement letter with Dobson, Bjerning
Duffey and Rosenfield for computer consulting services for a fee
not to exceed. S25,000. ,
DOBSON BJERNING DUFFE¥ & ROSENFIELD
CERTIFIED PUBLIC ACCOUNTANTS
SUNTREE OFFICE;
6767 NORTH WI~:KHAM ROAD
SUite 500
MELBOURNE, FLORIDA 32940
(407}
FAX (407)
TITUSVILLE OFFICE:
754 COUNTRY CLUB DRIVE
TrFusVILLE` FLORIDA 32?80
(407) 269-2~55
FAX (407)
Mr. Robert McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
April 24, 1991
Dear Mr. McClary:
We are pleased to offer the following proposal for management advisory
services to the City of Sebastian. This proposal sets forth our understanding
of your computer consultant needs, our approach to assist you in fulfilling those
needs, our commitment to provide timely and efficient service, and our
qualifications to perform this engagement.
EnqaqementQbJectives
The objectives of our engagement are to make recommendations about (1)
which accounting and financial reporting software package, and (2) which specific
hardware configuration will best satisfy the needs of the City.
Enqaqement Scope
Dobson Bjerning Duffey & Rosenfield will survey and analyze your accounting
and reporting needs; review available packaged software; determine hardware
configuration that will support the selected software and assist in training and
implementation of the new system. We will perform all work in accordance with
the Statements on Standards for Management Advisory Services set forth by the
American Institute of Certified Public Accountants.
MEMBERS
PRivatE COMPANIES PRACTtCE SECTION
AICPA DIVISION OF FIRMS
ACCOUNTING FIRMS ASSOCIATED-NaTIONAL GROUP
AlLIOTT PIERSON-INTERNATIONal GROUP
Mr. Robert McClary, City Manager
City of Sebastian
Page two
Enqaqement Approach
We will use a step-by-step approach, as follows:
Document management's financial information needs utilizing surveys,
questionnaires and interviews with key personnel.
· Determine what data the system should contain.
· Define the reports you need or wish to have.
Compile a statement of perceived needs which addresses foreseeable
future needs as well as current needs.
· Establish transaction volume.
· Estimate the relative importance of each system element.
· Establish criteria to select specific software packages.
Use the criteria to rate the features of at least three commercially
available software packages, review relevant literature, evaluate
vendor documentation, survey current users of the system and attend
appropriate vendor demonstrations.
· Identify and evaluate compatible hardware alternatives.
Review investment in existing NCR system {including,future lease
payments} for cost/benefit decision analysis on hardware systems.
· Prepare cost comparisons for alternative hardware configurations.
Design an internal control structure flowchart to demonstrate
personnel assignments, responsibilities and transaction flows. -~
Provide narrative documentation covering policies and procedures
governing the recording of data and transactions and the method of
reporting this information.
· Assist in training, conversion and implementation of the new system.
Provide oversight, review and monitoring of the reports generated by
the system.
Mr. Robert McClary, City Manager
City of Sebastian
Page three
[nqaqement Benefits
When we complete this engagement, our report will recommend a software
package and hardware configuration to meet your accounting and financial
reporting requirements. We believe this assistance and knowledge will help you
and the City make an informed decision about which software/hardware system is
best for your needs. We expect that your financial operations will be more
accurate, cost efficient and timely using the recommended software and hardware.
Engagement Staffinq and Schedulinq
We are prepared to begin this project promptly upon acceptance of this
engagement letter by the City Council. We have divided the project into five
phases as listed below:
Software and hardware recommendation.
2. Selection and purchase of system.
3. Delivery and installation of system.
4. Training and internal control structure policies and procedures.
5. Data conversion and implementation.
A project timetable for various phases of this engagement is attached. The
City's finance department staff are expected to be heavily involved. We believe
that the greater the participation of your staff, the easier it will be for them
to accept and adapt to the new system.
Roger Dobson will be the partner supervising the engagement. Marilyn
Swichkow, who has worked on the City's audit engagement for the past three years
and who has performed numerous EDP evaluations and assessments when she served-
as Assistant Brevard County Comptroller, will be in charge of the fieldwork.
Projected Enqaqement Time Schedule
As indicated in the attached project timetable, we expect to complete the
assignment in phases as listed:
· June 17 - Software and hardware selection
· July 15 Purchase and installation
Mr. Robert McClary, City Manager
City of Sebastian
Page four
Projected Enqaqement Time Schedule (continued)
· August 15 - Training and internal control structure policies and
procedures; Load proposed lgg2 budget to new system
· September 16 - Parallel systems procedures
· October 1 - New system implemented and operational
We are eager to work with you from start-up to implementation to assure the
City's satisfaction with our recommendations and to minimize a6y difficulties
that a system change may cause.
Enqaqement fee
Our fees for these services will be based on our standard rates and will
be billed to you periodically as work progresses. We anticipate that our fees
will be approximately $22,500 and will not exceed $25,000. We can begin work
immediately upon notification of our engagement.
City staff will be responsible for implementation decisions and for the
ultimate operation of the system. The software and hardware vendors will be
responsible for their products {to be contained in the purchase agreement). We
will serve in an advisory role until your staff acquires sufficient experience
to manage the system on their own or until October 1, 1991, whichever comes
first. If the City requires our support beyond October 1, 1991, we can provide
additional services at our standard billing rates.
Our engagement provides for one presentation to council.
presentations, if necessary, will be billed separately.
Additional
Firm Qualifications
Our firm is well qualified to service governmental entities in virtually
any capacity. This is evident from both our client base and the resources we
have devoted to this area. This part of our practice enables us to maintain a
group of career oriented professionals who are well-trained and very familiar
with governmental entities and their accounting and financial information needs.
Through our international affiliation with Accounting Firms Associated,
inc. {AFAi), we have several partners and staff with in-depth knowledge of
computer hardware, software, and local area networks (LAN).
Our association with the City for the past six years in providing audit
services has given us considerable familiarity and insight into the current
system. We are confident this provides us with a valuable head start in
undertaking this engagement.
Mr. Robert McClary, City Manager
City of Sebastian
Page five
Our firm does not receive compensation, fees, or commissions from any
software or hardware vendor. Since our firm is not associated with any vendor
of computer hardware or software products, we are able to provide you with an
objective, independent viewpoint in the evaluation of these products.
We appreciate the opportunity to offer our services to [he City. This
independent evaluation of both software and hardware and their ability to meet
the City's needs is a necessary front-end capital expenditure that we believe
will provide the City with considerable savings in thelong run. We are excited
about the opportunity to work'with you on this extremely important project.
Please call if you have any questions or need additional information.
DOBSON BJERNING~ DUFFEY & ROSENFIELD
April 24, 1991
Melbourne, Florida
Acceptance of the Enqaqement
Please acknowledge acceptance by signing this letter and returning one copy to
US.
Name
Title
Date
city of Sebastian
Our consideration of the internal control structur~ included al~
categories listed above. The ~ of ~ cons.i.de?tic~____o,f__~t~_~I _= ~A
audit~..pxoce~k~s., necessary for express~ an opinion on r_ne
~eration that we consider to be r~le court, ohs urner
~lished by the American Institute of Certified Public
Reportable conditions involve mat. te? c~ to our a~cn relatir~ to
assertions of management in the general purpose znmnc~a~
The reportable conditions detected in our review of the internal control
~/EDP ~
the City did not produce reports ~n a zormat allowing zor
preparation of interim and annual financial statements. The sy~cem
which may occur and repairs the City's ability to detect a~ correc~
such errors in a timely manner.
The City has expanded the number of funds.used in'its a~ing
framework and needs timely and accurate f~ncial informatxon to
monitor and manage c.ity operations. The c~0uter system in %~. by
the City was not deszgned nor does it provide for adequate multiple
fund r~cordir~ and r~porting of transacti~s.
Further, the computer systs~ does not provide for the use-of
consolidated checking and pooled investment accounts in order for the
City to effectively manage cash and maximize investment earnings
whi~e maintaining fund integrity of re~i~cs, dlsburs~, and
balances. Manual efforts by the Finance De~3rtment staff ar~ not
adequate to overcome the deficiencies of the computer software.
Rec~m~n~ations:
We z~m,~_rd that the City ~ q~u31ified st~iallsis in ~~
a~t~ ~ ~ ~, ~~, ~ ~ a~li~ti~
~~. A ~ ~ will ~t ~ ~ of ~e Ci~ ~ ~
~ ~d ~ ~ ~ pla~ ~ ~ti~ for ~1~
~~ wight delay.
-60-
Honorable I~ayor and Members of City Council
City of Sebastian, Florida
Page Two
our study and evaluation and our examination disclosed the following conditions
that we believe result in more than a relatively low risk that errors or
irregularities in amounts that would be material in relation to the financial
statements of the City of Sebastian, Florida, may occur and not be detected
within a timely period.
Computer/EDP System
Finding: As mentioned in the management letter in prFtor years, the
computer software utilized by the City did not produce reports in a format
allowing for efficient preparation of interim and annual financial
statements. The system's feature of automatic self-balancing obscures any
errors which may occur and impairs the City's ability to detect and
correct such errors in a timely manner.
New computer hardware, installed during November, 1987, has increased the
system's storage capacity and allows the City to extract a history of any
individual account. This increased capacity and software improvements
have led to a better audit trail than in prior years.
However, significant improvements are still needed in order to monitor the
integrity of .the software and to minimize the trial and error approach of
full utilization of the system,
Recommendation: We recommend the City continue with its efforts to
improve the accounting system's clarity and efficiency by purchasing
additional or enhanced software and employing a programmer, if necessary.
System for Identification of Expenditures From Restricted Revenues
Finding: The City does not record expenditures from restricted revenues,
such as the County option gas tax, in separately identified sub-accounts.
Recommendation: We recommend a system of sub-accounts which identify
expenditures from restricted revenues in order to ensure that restricted
revenues are expended for statutory purposes. The City will account for
county option gas tax in a special revenue fund beginning in fiscal year
1989 to implement the requirement for separate accounting.
Honorable Mayor and Members of City Council
City of Sebastian, Florida
Page two
our ·study and evaluation and our examination disclosed the following conditions
that we believe result in more than a relatively low risk that errors or
irregularities· in. amount~ that would be material in relation to the financial
statements of the. City of Sebastian, Florida, may occur and not be detected
within a timely period,
COmputer/EDP SYstem
Finding: As" mentioned in the management letter in prior years, the com-
puter software u~ilized by the City did not produce repot:s in a format
allowing for., efficient preparation of interim and annual financial state-
ments. The system also prohibited efficient tracing of information from
records to source documents and did not generate a clear audit trail. We
also noted tha~ the system's feature of automatic'self-balancing obscures
any error~ which may occur and impairs the City's ability to detect and
correct such errors in a timely manner.
In fiscal year 1987-1988, the City purchased new computer hardware, in-
stalled during November, 1987, which more than doubled the system's
storage capacity, As a result ef this increased capacity, the system will
-allow the City to extract a history of any individual account; this capa-
.bility will greatly ease the difficulties related to efficient preparation
of interim and annual financial statements and will facilitate error corr
rection, Additionally, the interface between the City's payroll process-
ing program and general ledger program has been automated, reducing data
entry complexity, The problems related to a clear audit trail from
financial records to source documents have been addressed by the software
manufacturer and improvement to the program is scheduled for June, 1988.
AS recomme~djd last year, the City performed monthly reconciliations of
its trial balance to detail revenue and expenditure accounts,
Recommendati°n - We recommend the City continue with its efforts to
.improve th~.accountlngsystem's clarity and efficiency. -~
Documentati°n Of Journal Entries
: AS mentioned in the management letter in prior years, documenta-
l 'journal entries is incomplete. Although the City improved its
documentation of journal entries during the year, certain entries to
correct ·errors and adjust balances were made without recording in a gen-
eral journal, We also observed that some journal entry information was
obliterated with correction fluid and changed.
· Recommendation - We recommend that all journal entries be appropriately
-~documented and authorized and that information be changed in the journal
without obliterating the original entry.
-31-
Honorable Mayor and Members of City Council
City of Sebastian
Page two
evaluation and our examination disclosed the following conditions that we believe
result in more than a relatively low risk that errors or irregularities in
amounts that would be material lin ·relation to the financial statements of the
City of Sebastian, Florida, may occur and not be detected within a timely period.
Insufficient Staffing of Finance Department
1. Finding·. As mentioned in the management letter in prior years, the Finance
Department maintained its financial records on the cash basis which neces-
sitated numerous Journal entries to produce financial statements which
could'then be audited, The City has sought to hire an~Assistant Finance
Director but has not yet filled this position. . .
Recommendation . We encourage the City's efforts to increase Finance
Oep~rtment St~ff, particularly since a number of the audit findings appar-
ently result from too few qualified staff to perform required tasks.
CO~uter/EDP System
~ - As mentioned in the management letter in prior years, the com-
puter software utilized by the City does not produce reports in a format
allowing for efficient preparation of interim and annual financial state-
ments. The system also prohibits efficient tracing of information from
records to source documents and does not generate a clear audit trail. We
also noted that the system's feature of automatic self-balancing obscures
any errors which may occur and impairs the City's ability to detect and
correct such errors in a timely manner.
Recommendation - We recommend the City contract with a computer programmer
to determine if some of the·problems encountered can be solved. Since por-
tions of the data entry process are complex, we also recommend that
standardized formats for recurring adjustments be written to minimize
errors. : As an additional measure to detect problems promptly, the City
should perform a monthly reconciliation to determine that its trial balance
is in balance with detail revenue and expenditure accounts
Documentation of Journal Entries
- As mentioned in the management letter in prior years, documenta-
journal entries is incomplete. Certain entries to correct errors
and adjust balances have been made without recording in a general journal.
We also observed that journal entries are entered into the system without
proper authorization from the Finance Director.
Recon~endation - We recommend that all journal entries be appropriately
docdmented and' authorized.
-31-
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Engineering Contract
Louisiana & Schumann Projects
Approved For Submittal By:
city Manager
) Dept. of Origin: city Manager
)
) Date Submitted: 04/~2/91
)
) For Agenda Of: 05/08/91
)
) Exhibits:
)
) - Mayfield Letter Dated 4/12/91
EXPEND. $30,00-Gas Tax
REQUIRED: $9,700 - GF
AMT.$30,000 Gas Tax Fund APPROPRIATION
BUDGETED:S12,000 - GF REQUIRED:
8UMI.~R~ STATEMENt..
On November 28, 1990, the Sebastian City Council approved the F-91
Street Improvement Program. This program includes engaging a
consulting engineer for the Louisiana Avenue Street Improvement
Project and the Schumann Drive drainage project. On February 27,
1991, the Sebastian City Council approved the rank ordering of the
engineering consultants for these projects and directed staff to
proceed with negotiations with the firm of Masteller, Moler &
Mayfield, Inc. We have met with this firm on three (3) occasions which
resulted in their proposal dated April 12, 1991. This portion of the
Louisiana Avenue Improvement Project includes a detailed route survey,
analysis and an engineering report outlining alternatives.-_ The
proposed scope of services under this engagement letter does not
include final design. Final design services will be negotiated after
the City Council has selected an alternative as a result of the survey
analysis and engineering report. This proposal does include all work
for the Schumann Drive Drainage Project including surveying analysis,
design and construction administration. In comparison with the City's
Main Street realignment project, the proposed fee for Phases 1 - 4 of
$36,500 and a fee of $2,950 for construction inspection and contract
administration for the Schumann Drive drainage project appears to be
reasonable. The construction inspection and contract administration
fee is stated separately since the City may choose to do this work by
its own employees.
RECOMMENDED ~CTION
Move to approve the proposal from Masteller, Moler & Mayfield, Inc.
dated April 12, 1991 for professional services for the Louisiana
Avenue and Schumann Drive Projects. 9/o~/
MASTELLER, MOLER ~ MAYFIELD, INC.
~ CONSULTING ENGINEERS
1623 N. U.S. Highway 1, Suite B2
Sebastian, Florida 32958
(407) 589-4800
(407) 589-2742 Fax
April 12, 1991
Mr. Rob McClary
city Manager
city of Sebastian
Post Office Box
Sebastian, FL 32958
RE: Louisiana Avenue/Schumann Drive Drainage Improvements
Dear Rob:
Thank you for the opportunity to offer the expertise and
experience of Masteller, Moler & Mayfield, Inc. relative to the
proposed referenced project. We propose to provide you with
the necessary survey, study, design plans and engineering
services to complete the following scope of work:
PHASE. I - bOU.ISIANA SURVF~Y
Phase I consists of the following surveying services:
Determination of exisiting centerline location
throughout the Louisiana Corridor
Determination of existing right-of-way boundaries
Location of all topographic features visible within
30' each side of the existing centerline
Development of typical existing topographic'
cross-sections
every 100 LF through the Louisiana Avenue Corridor
Horizontal location of all major intersections
PHASe. II - SCHUMANN DRIVE DRAINAGE SURVEY
Phase II consists of the following survey services:
Topographic survey adequate to verify drainage shed
boundaries
Horizontal and vertical location of all existing
drainage structure and pipe invert locations within
affected areas as delineated on attached Figure #2
Mr. Rob McClary
April 12, 1991
Page 2
PHASE III - ENGINEERING STUDY/PRELIMINARY D~SIGN
RECQ~9~ENDATIONS EOR LouISIANA AVenUE
Phase III will consists of a preliminary evaluation of
existing right-of-way as determined by survey base
plans. This Phase will also include an evaluation of
the existing horizontal and vertical alignment including
the intersections of Louisiana Avenue/Main Street and
Louisiana Avenue/County Road 512. Specific items which
would be studied would be impacts of potential
realignment of substandard curves through the Louisiana
corridor and delineation of potential right-of-way which
may be. required to correct any deficiencies. In
addition, a Prelimiary Master Stormwater M~nagement
System would be evaluated including identification of
stormwater outfall locations along with analysis of
their capacity. This stormwater management analysis
would include a cursory review of effective permitting
criteria as may be imposed by the St. Johns River Water
Management District and other applicable agencies. Any
potential parcels which may be required for stormwater
management or stormwater treatment would be identified.
Ail of the information outlined above would be
assimilated in an engineering report and submitted for
review. Attachments to the report would include
exhibits recommending preliminary alignment adjustments;
potential right-of-way acquisition; stormwater
management/treatment facilities; and stormwater outfall
locations.
PHASE IV - ENGINEERING .DESIGN FOR SCHUMANN
DRAINAGE IMPROVEMENTS
DRIVE
Phase IV will include development of a detailed
Engineering Drainage Study and drainage map which would
formalize drainage shed boundaries as delineated in
attached Figure #2. Comprehensive stormwater management
calculations are included within this phase. Peak
discharge rates will be determined from the stormwater
management calculations. Peak discharge rates will be
utilized to develop conveyance pipe size and finalize
drainage structure design. All drainage structure and
outfall pipes within the effected area as delineated
within Figure #2 would be addressed. Detailed
construction plans and specifications for the
reconstruction of all systems redesigned would be
included in this Phase. These plans would contain plan
location and profiles for all drainage structure and
outfall pipes effected.
Mr. Rob McClary
April 12, 1991
Page 3
We propose to perform the above scope of services for
Phases I through IV of the "Project" for the total lump sum fee
of $36,500.00.
pHASE V - GONSTRUCTION INSPECTION/CONTRACT ADMIN,
We shall complete the necessary inspection and contract
administration during construction ofthis project for
Schumann Drive drainage improvements as required by issued
permits' and/or as desired by you. Inspection for the
project shall be sufficient to permit us to issue the
required certifications as required by ~' applicable
regulatory agencies. We shall perform Inspection Services,
Certifications and Contract Administration at hourly rates'
as specified in Section (d) of this proposal, with a
budgeted amount of $ 2,950.00. This amount is not
included in our lump sum fee quoted above.
Fee is payable $7,500.00 as retainer with billing monthly
based on the estimated percentage of the total project services
completed to that date. The retainer will be deducted from the
final invoice.
For any and all subcontract services invoiced through our
office, there will be a minimum 10% surcharge of the face
amount of said subcontractor's invoice, in order to cover the
costs associated with administration and coordination of the
subcontractor's services.
Any and all items not specifically set forth in this
proposal are excluded. In addition, any expansion of the scope
of work or major revisions which may be required by any new
rules or regulations enacted subsequent to the date of this
proposal, are not included.
In addition, the following items are stipulated:
a) ADDlication Fees
Any and all application fees required
agencies will be borne by the Owner/Client.
by permitting
b) S..cope of Work
The scope of
estimate of the
necessary.
work as outlined above
normal engineering and
is based on our
design services
Mr. Rob McClary
April 12, 1991
Page 4
However, should the need arise for additional engineering
design work by virtue of revisions or redesign required by you
or any governmental reviewing agencies, then additional
billing will be based on the fee schedule included hereinafter
under Item (d), or this Contract can be renegotiated to the
satisfaction of both parties.
c) Payment of Fee~
Payment of all fees for services rendered shall be paid
within thirty (30) days of billing. Commencing on the
thirty-first day, interest shall be added to.the un~aid balance
at the rate of one and one-half percent (1-1/2%) per month or a
total of eighteen percent (18%) per annum. In the event that
the matter of delinquent payments shall be turned over to legal
counsel for collection, legal fees incurred for collection
shall be added to the outstanding amounts due.
The original plans, designs and documents prepared by
Masteller, Moler & Mayfield, Inc. shall be the sole property of
that firm. Owner/Client agrees that until payment is made in
full, he, she, or it shall have no proprietary interest in any
copies of the plans, designs and/or documents prepared by
Masteller, Moler & Mayfield, Inc. In the event of non-payment
of outstanding fees by Owner/Client, Masteller, Moler &
Mayfield, Inc. shall have the absolute right to request return
and/or withdrawl of any and all plans, designs and documents
submitted to Regulatory Agencies or other parties on behalf of
the Owner/Client.
d) Additional Work Performed
Any and all work performed, other than that specifically
contracted for within this general contract, shall be billed' at
the following job classification and rates:
Senior Principal of Firm .................... $100.00/hr.
Principal of Firm ........................... $ 80.00/hr.
Project Manager or Project Engineer ......... $ 50.00/hr.
Project Inspection .......................... $ 40.O0/hr.
Project Designer ............................ $ 40.O0/hr.
CAD Draftsperson/Designer ................... $ 35.00/hr.
Administrative (Typing, etc.) ............... $ 25.00/hr.
Mr. Rob McClary
April 12, 1991
Page 5
No such work shall be undertaken except upon
written authorization of Owner/Client.
verbal or
e) ~eprese~tations Rg~ating.~o Work p~rformed
The plans, designs and documents which are subject to this
contract shall be prepared in a professional, good and
workmanlike manner.
Nevertheless, no representations or warranties are made as
to the success, approval or the issuance of permits on any
application submitted by Owner/client based in whole or in part
upon the plans, designs, or documents prepared by Masteller,
Moler & Mayfield, Inc.
Backcharges will not be accepted by Masteller, Moler &
Mayfield, Inc. unless we provide written agreement covering all
corrective action and the total amount of the backcharge
necessary to accomplish the corrective action.
f) Reimbursables
1) Print Cost~
One (1) set of prints and one (1) copy of any Report
developed during the project execution is included within
the fees quoted above for: 1) all permit applications; 2)
all approval applications; and 3) client/owner unless
otherwise stipulated. All other photo copies, prints and
facsimile transmissions will be billed at the' following
rates: Photo copies 8-1/2" x 11" $0.25/sheet; photo copies
8-1/2" x 14" $0.35/sheet; photo copies oversized
$0.50/sheet; blue line prints $0.333/SF; reproducable
sepias $0.75/SF; reproducable mylars $4.40/SF; and
facsimile transmissions 8-1/2"x 11" $1.50/page and 8-1/2"
x 14" $1.75/page.
2) ~iscellaDeous - Express Mail, Te~.ephone,....Travel
If at any time information must be transmitted by express
mail, these charges will be included on your monthly
invoice at actual invoice cost. In addition,
reimbursement for expenses such as telephone, travel,
hotel, etc. will be at actual costs incurred.
Mr. Rob McClary
April 12, 1991
Page 6
g) Price Guarantee
Prices quoted are firm for sixty (60) days from the
of this proposal.
h) comp~n~e with Agency Requlations
date
Ail work will be performed in accordance with appropriate
city, County and State regulations relative to the proposed
project. ~
While binding upon the parties, their successors or
assignees, this Contract may not be transferred or assigned
without the consent of both parties. The Owner/client has the
right to terminate this Contract within ten (10) days written
notice. Masteller, Moler & Mayfield, Inc. shall be
compensated for services performed to termination date.
We thank you for the opportunity to offer the services
our firm and look forward to working with you.
of
If these conditions and this proposal meet with your
approval, please sign and return one (1) copy of this letter as
our formal Authorization to Proceed, along with the retainer
fee of $7,500.00.
Sincerely,
MASTELLER, MOLER & MAYFIELD, INC.
Vice President
AUTHORIZATION TO PROCEED
DATE
SIGNATURE
COMPANY NAME
TITLE
ADDRESS
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
VICKERS GROVE PRELIMINARY
SUBDIVISION PLAT
Approved For Submittal By:
City Manage/x~ .,..~/~J,,-"'.~, ,~
/~__,," /~. ~'. r~.
Agenda No.
Dept. Origin Community Development
Date Submitted 5/01/91
For Agenda Of
5108191
Exhibits:
Memo dated 12/21/90 from P & Z.
Preliminary Plat for Vickers Grove
Letter from Jim Davis dated 5/1/91
Letter from Carl Fischer dated
2/27/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
The applicant, Fischer & Sons, is requesting approval for a Preliminary
Subdivision Plat known as "Vickers Grove Subdivision" The proposed
subdivision is a mixed use development that will contain 43 single family
homes, 59 two family homes, and 28 industrial lots. This area is
currently being sandmined pursuant to Resolution R-88-19 and R-90-19,
known as Vlckers Sand Mine i-II and III. The City Council recently
rezoned this property from County zoning designation to the mixed use
categories of RS-lO, RMA, and Industrial which, will coincide with th~
proposed development of this subdivision. Indian River County Utilities
has issued a construction permit for Vickers Grove Subdivision to
construct a water distribution and a waste water/transmission system. The
applicant was required to prepare a traffic study to address the overall
traffic flow in the area and access any impacts by the proposed
development. I have included pages 23 through 25 from the traffic study
which the traffic engineer has made nine (9) recommendations. Since the
recommendations outlined in the traffic study did not particularly assign
responsibility to specifically tie any of the improvements to the
development and eight (8) of the nine (9) recommendations affected the
thoroughfares outside the City's jurisdiction, I had solicited Indian
River County's participation in making any recommendations on this
project. In your packet you have a letter from Jim Davis and the minutes
from the County Commissioner's meeting of April 2, 1991 outlining the
Commission's acceptance of certain responsibilities for road improvements
and Dr. Fischer's requirements to upgrade 99th Street. Staff does agree
Page 2
with the recommendation from the traffic engineer to place signs to
prohibit trucks from using the "Back door entrance" Prior to the
acceptance of a final plat, staff can assure that the proper signage will
be installed by the applicant. The applicant has designed the roadway
system to meet the City's criteria and for acceptance for public use.
The actual construction drawings and traffic report are in the master file
in the City Clerk's office for your review.
RECOMMENDED ACTION
Move to direct the City Attorney to draft a resolution to, approve the
Preliminary Subdivision for Vickers Grove Subdivision subject to the
following:
Applicant will be required to coordinate and construct 99th Street
improvements as outlined in Jim Davis's letter, prior to submission of
a final plat.
The applicant will be required to have final approval from the
appropriate agencies for the central water and sewer system, prior to
a final plat.
The applicant will be required to post certain signs to prohibit
trucks from using the "Back door entrance". The location and size
shall be coordinated with the City Engineer prior to placement.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
DATE: DECEMBER 21,'1990.
TO:
FROM:
THROUGH:
MAYOR AND CITY COUNCIL
'LINDA KINCHEN ~
PLANNING AND ZONING SECRETARY
BRUCE COOPER
DIRECTOR OF COMMUNITY DEVELOPMENT
RE: VICKERS 'GROVE SUBDIVISION - PRELIMINARY PLAT
PLEASE BE ADVISED THAT ON DECEMBER 20, lgg0 THE PLANNING AND
ZONING COMMISSION REVIEWED THE' ABOVE AND RECOMMENDS TO THE
CITY COUNCIL THAT THEY APPROVE THIS PRELIMINARY PLAT AS
SUBMITTED.
THE ABOVE MOTION PASSED UNANIMOUSLY.
SHOULD YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO
CONTACT OUR OFFICE.
LK:LK , '~,"
APPLICATION FOR ,DI~V£LOPt~EHT PLAN/PLAT REVIE~
CITY ~ BE-qASTIAN PiJ~NNING AND ~3NI#G DEPARIlqENT
1225 MAIN STREEts ~I~aASTIAN, fLOR/DA
This plat revim~ application must t~ oompleted end returned, with ill enclosures
r&farred to herein, to tho Planning and Zonir~ board secretary one week prior to
APPLICATION NU~ti~B, _Z,~/~,3, I~TK, ....... 11/13/89
Okfl~HBs FISCHER & SONS PHO~Kt 589-3159
&DOR~SS,. P.0. Box 780068 - Sebastim~ Florida 32978r0068
PR/~JEC*r SURVeYORs Fowler
PRGGECT F. NGINEE[~, Masteller & Moler Associates. Inc. - ......
Stanlev F. Mavfield. P~E. -
~ONING CLA~S1FICATIOM, IND. RM--8~ RS-10 ~D ~S~ ~SiGNATI~
D~P~T SIT[ SlZ~t ~117 acres MIN. ~ Sl~,llS.~000),(10,000), (10,060)
· ~SRD UNI~ PER ~, (RS-IQI~.~, (R~I-8) 1.5, NO. ~ ~s 1~0 Total
· ~ $1755.00
1!
2)
3)
,i)
A COPY O~TflHOW~ER*B P~CORD~I)
FINAL P~T ~l~S ~LI~CE M1T~ ~. 24-33, ~ ~ O~I~ES, CITY
$~TI~.
P~T ~1~ FEE ~ ~ 1,755.00 IN C~H OR C~ D~ ~ THE ~R ~ THE
Cl~ ~
PR~LI#INAR¥ PL~T/DL~ELOPMF. MT
be&s than lO,acres
lO acres tO 25 mc~eB
25 acro8 ~ 50 accel
~mr 50 acrmm
$350.00
500.00
750.00
15.00/&cra
PLAT
0250.00 /
IH.ANNING AND ZONING BOARD RL'VIL'kl DATE~
AND/OR f~TIPOLATIOS5 ~
ALI. APPLICANT_,.,.,.N ARE £NC;()URAGI:D TO SCIIEOULE A I'RI~:-AI'I'I.ICAI'ION COtIFEH.L'NCE THROUGH
PLANNING AND ZUNI~.; t;TAYF SbCliL'i'ARY PRIOR ~ Tile 5UliHITTAL U~ PLAN!~.
J' .... , BEING FIRST
~TI~, T~T A~ ~ ANS~ TO T~ ~ST]~S IH ~XD ~PLI~TI~
~ M~A ~ ~a ATTA~ ~ ~ ~ A ~ OF SAiD ~PLJ~T~
SI GNA~
· 'Z,IMCN,TNG AND ~,OflZNG D]iV~i~ION ~d~C~ZVT. D JLPPI-ZC~TION .......
.I'iJ~LIC Kr. AAZNG llr. roRl~ I~iJU,'I~iNG X~lO ZC]flING I~OARD .........
NOt, ICE: TO ~E HAILED .....................................
~UI~LIC IfT. JLRING I~OR~ CiT~ COUNCIL ......................
· LANNING XND ZONING
CIT~ COLiC:IL A~T]CXq ORD. MO .....
/iLL A~PLICAJ~$ ~ £NCOURAG£D TO SCHT~LrL~ A PR~-~PLICATIOIN CGIqFIrRLrNC~ THROUGH
PLAITING AJ~ID ZC)NING STAFF S£C~?ARY PIL1OR ~O ~ J~PLICATIC~I ~O J~SOL,VE OR AVOID
Telephone: (.,"07) 567-8000
May 1, 1991
BOARD OF COUNTY COMMISSIONERS
16~0 25th Street, Veto Bearh, Flo~da 32960
Suncom Telephone: 224-1011
Mr. Bruce Cooper
City of Sebastian
City Hall
P.O. Box 780'127
Sebastian, Florida
32978
SUBJECT: Vickers Grove
Dear Bruce:
I am transmitting to you a copy of a portion of the minutes
of the Board of County Commissioners meeting dated April 2, 1991
which pertain to Vickers Grove Development. By copy of this
letter, I am requesting Mike Dudeck, County Traffic Engineer, to
begin communications with the D.O.T. initiating intersection
improvements at US 1 and Vickers Road.
Please, contact me if you have any questions.
Sincerely,
James W. Davis, P.E.
Public Works Director
JWD:blp
bcooper.
attachment: 1) April 2, 1991 Minutes
CC:
James Chandler, County Administrator
Michael S. Dudeck Jr., County Traffic Engineer
Stan Mayfield, Masteller, Moler, and Mayfield
Bob Keating, AICP, Community Development Director
Land Clearing · Top Quality Fill
P. O. Box 780068
Sebastian, Florida 32978-0068
(407) 589-3159
February 27, 1991
Mr. Bruce Cooper
Community Development Dir.
c/o City of Sebastian
1225 Main Street
Sebastian, FL 32958
REF: Vickers Subdivision Phasing
Mr. Cooper:
PHASE I
Will be entirely completed with all utilities and
road system within a projected time frame of 18 months.
Also with Phase I, all road systems in Phases II &
III will be completed at the same time.
sand mining will continue during the duration of
these four phases. The slopes in Phase 1 will be
established as,well as seeded or sodded in order to
stabilise the ground. The enclosed picture taken July of
1990 will show the amount of work completed on Phase 1.
PHASE ii
Will be entirely completed within a projected time
frame of 24 months.
PHASE III
Will be entirely completed within a projected time
frame of 30 months.
PHASE IV
Will be the final phase and
systsem will be completed within
the utilities an~ road
36 months. /. /
Sincerely~ ,,,o
Carl Fischer
./'
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E., ~
Public Works Director
SUBJECT: Request by Developer Henry Fischer for County to
Improve 99th Street/US I Intersection and to Widen
99th Street West of US 1
REF. LETTER: Henry Fischer to Margaret Gunter dated 3-26-91
DATE: March 27, 1991 FILE~ fischer~mar =
DESCRIPTION AND CONDITIONS
Ilenry Fischer is l~ltiating development along, the north side
of 99th Street (Vickers Rd.) within the City of Sebastian.
The County and City staff have recommended that the
developer submit a Traffic Impact Study to determine the
.... development's lmpact on the county, city, and state road
system. Mr. Fischer retained a Traffic Engineering
Consultant to prepare and submit a traffic study as
requested by the City. The results of the study indicate
that the following Improvements should be constructed to
maintain adopted Level of Service standards~
1) US 1/99th Street Intersection
Construct a northbound left turn lane along US
Construct an eastbound right turn lane along 99th St.;
Construct a southbound right turn lane along US 1;
Signalize 99th Street/US 1 If warrants are met.
2) 99th Street
Widen pavement to 24'
3) CR512/US 1 - County improvements should be complete
prior to project completion.
4) CR510/US 1 - Construct an exclusive left turn lane at
east and west approaches.
5) Construct signage to prohibit industrial truck traffic
being routed through Sebastian Highlands.
ALTERNATIVES AND ANALYSIS '.
The above items should, be required by the'City of Sebastian
as development conditions. Items 1, 3, and 4 are eligible
for Traffic Impact Fee Credits. Item 2 is a recommended
safety improvement since large trucks will use 99th Street
to ingress/egress the industrial land use. This Improvement
does net provide additional laneage but would widen the
existing road by 4' to accommodate wader vehicles.
The County has contacted the DOT and requested that the DOT
construct the Dorthbound left turn lane at US 1/Vlckers Road
(see attached June 19, 1989 letter from Chairman Gary
Wheeler to William Lewis, DOT), but no resp6nse has been
received.
2 II
RECOMM£NDATIONS AND. FUNDINC
The above Conditions are being recommended by County staff
to the City of Sebastian for consideration. Since the City
is tile permlttii~g authority, the County should not be the
party to relieve the developer of the traffic improvements
requested by County staff. Furthermore, staff agrees with
the Traffic Consultant that these improvements are
necessary.
Staff has also indicated to Mr. Fischer that if 99th Street
currently is in need of resurfaclng, the County would
provide the asphalt to widen 99th Street If he would
construct tile base widening.
r
RANGE 39E Moro R£~. 7-,~
~ , INFORN;';-~TIONAL PLAT,
', NOT A SURVEY :
'
TROPICAN&
SI~c, ZI
2S
C(mw,lissiofJer ~ctil'locl¢, asked tvily this matter is before us
instead of the City of Sebastian,
Director Davis advised that we did write a letter to Bruce
Cooper, ,Sebastian Co~nunity Development Director, re the traffic
study recon~nendlng these improvements be constructed prior to tile
project being finaled out, and Dr, Fischer wrote a letter
basically requesting we rescind our recorrmendation.
Cmm~issioner Scurlock' believed we have an agreement to
coordinate with Sebastian projects ,that are on the boundary line
a~d have some impact on th~ county, and we can make conTnent~ and
then Sebastian has the ability either to accept or reject them,
and that was confirmed.
Co~nissioner Bowman wasn't clear as to who owns 99th S~,/'eet,
and Director Davis advised that it is a county road, but th~t'e Is
a short' portion within the city. The city limit line is somewhat
at a border at that point. The proposed development is within
the city north of 99th Street, and a very short portion of the
road west of the railroad tracks goes through the city limits.
The remainder of tl~e roadway is in the county. He continued that
staff concurs with some of the items in the traffic study, the
impact fee credit, etc., and staff feels that widening of 99th is
a safety factor to accommodate tho trucks that,would be attracted
to the industrial use proposed in that area.
Chairman Bird inquired with which of the recommended condi-
tions Dr. Fischer might have a problem.
Director Davis referred to Item 11 about constructing various
turn lanes at the U.S.1199th Street Intersection, the eastbound
right turn lane along 99th, and eventual signalization of that
intersection, fie believed that Dr. Fischer feels that some df'
these improvements should be done by the DOT or the County since
other projects in the area do utilize 99th St.
Chairman Bird asked if it is staff's recommendation that Dr.
Fischer do all those improvements, and Director Davis clarified
that it is staffs' reco~r~nendation that those Improvements should
be done prior to all the impacts of the project being at that
I oca t i on.
Con~issioner Scurlock asked if the Commission did not
relieve I(eith's Oil Can of a similar responsibility' at that same
intersection because that improvement was supposed to be on a DOT
project, and whether we didn't write the DOT urging that they '
carry out that improvement.
Director Davis agreed that we did, but pointed out that was
i,] 1989 at~d tho (ii florence is that wc now have concurrency being
impl ement ed.
26
Co~m]issioner Scurlock asked if concurrency wouldn't como at
the point when Dr. Fischer ~goes to pull the building permit,that
exceeds the transportation service level, and he believed that
co~currency would be a problem for the City of Sebastian to deal
with, not us.
Director Davis felt it could be a multi-jurisdictional
problem because of possible impacts in the county area.
Co~issioner Scurlock believed there were representatives.
from Breezy Village who had indicated they had an Interest in
Participating and possibly making an area special assessment to
institute some of these improvements.
Director Davis noted that In 3989 he p~oposed a specla~
assessment district be drawn up, and as you can see from th~'map,
Breezy Village would be in the benefited area,
Co~issioner Scurlock continued to discuss the proposed turn
lane imp~ovements and asked if we wouldn,t b~ Inconsistent If we
were to require another individual in this a~ea to do the same
thing we did not require of Keith~s Oii Can because we thought it
was the ~esponsibillty of the
Comnissioner Eggert believed concurrency ts the answer end
asked if there wasn,t anothe~ p~operty up there that was requl~ed
to put in a turn lane.
Director Davis confirmed the~e wes a 6.3 ac~e parcel at the
northeast corner of the railroad and Vickers Road that wes
requi~ed to put In some of these Improvements prio~ to obtaining
e C.O. What t~anspired the~e Is that the building went up and
apparently there were some funding problems with the result that
a C.O. was never pulled and the building has been slttlng the~e
numbe~ of years now,
Comnissioner Scurlock felt the whole question Involved here
is not whether the improvements a~e noeded, but who is respon-
sible, to pay for them - the DOT, the County, the adjacent
property owners. Dr. Fischer, or a combination thereof.
Chairman Bird wished to go ove~ the list of p~oposed
improvements; identify what needs to be done and whose responsi-
bility It is; and then let Dr. Fische~ co~ent.
Director Davis believed he had already gone over the U.S.I/
99th Street intersection turn lanes, and Co~tssioner Egge~t
asked about tho traffic signal and the eastbound turn lane on
99th Street.
Director Davis advised that the signal warrants need to be
met first. That is an inter, section
county roadway; so. the COT would have to approve signalization
and tho local government would have to pay for It. The volume
wi~rrants ar~ f~ot there at this time, but he believed as the
development goes i.~, it will trip the volume warrant. As to the
eastbound right turn lane, that is a problem now because the
vehicles waiting to left turn wait so long that they cause a
lengthy delay for those wanting to right turn to go south on
U.S.I., and that probably would be a county or local area
responslbil ity.
Chairman Bird thought that staff had said everything lumped
under Item 1 was Dr. Fischer's responsibility.
Director Davis explained that it all relates to timing. If
the de~eleper wants to proceed prior to the County's Improvement
being, implemented, then we allow the developer to do the~proJect
and get a .traffic impact fee credit for that tmprovement~
Chairman Bird asked if he was saying that the 5 items under
Item 1 are Dr. Fischer's responsibility, and Director Davis
agreed that they are his responsibility if 'the development Is
going to proceed prior to the County doing the improvements,
Director Davis then addressed Item 2 and advised that the
widening of the pavement of 99th Street to 24' Is to accorrmodate
the type of vehicle attracted to an Industrial area - it Is more
of a safety improvement, and they do not feel It would be traffic
impact fee creditable due to the nature of the development. They
feel that also would be Dr. FIscher*s responsibility unless the
County gets to it before he develops.
Comnissioner Scurlock felt the whole issue Is where the
development is triggering us)' ~ve are going to do the improvement
but we don't have money or it is not on the priority Ilst~ and he
has some problem with that because he felt if this Is a county
responsibility, it ought to be a county responsibility.
Director Davis noted that the problem with reacting to meet
the needs wherever these developments may occur is that It plays
havoc with our priorities,
Coni~issioner Scurlock addressed the question of cash f!o~,
the possibility of bonding~ etc. He felt that there Is no
question that the improvement will be necessary. This Inter-
section has been before us several times before, and while he
agrees that Dr. Fischer has some resl~onsibillty to that
intersection, he is only part of it. Commissioner Scurlock,
therefore, had some problcms with who pays and when thoy pay, and
saying it is a county responsibility, but we don't have any money
now so we are going to put the burden on this developer; and then
he gets an impact credit ii' it is on the 20 year plan and we must
track all this.
Director Davis again stressed that in 1989 we recommended an
assessment district for this purpose, but there was a lot of
28
deb:~te about the feel lng that the DOT should I)erform these tasks,
and staff at that time prepared a letter for Chairman Wheelerts
signature to request tt~e DOT to carry out their project and do
this work. We never received a response to that Iotter, and we
called about this again recently and did not get a response to
our ca I I .
Con%nissioner Scurlock did not feel that DOT has adjusted to
the new Comp Plan concurrency requirements that anticipate the
need because DOT does r~ot move until the need can be
('lemons tra t ed.
Director Davis agreed there is a difference in philosophy.
Cmr~issioner Scurlock went on to discuss the possibility of
I~nving a bui Iding moratorium in certain areas of the county
because of problems with the state roads. He questlone~.what
happens a.~d how it ts enforced if a county continues to?issue
building permits that exceed service levels. He fa'It strongly
that this system needs a lot of work and felt we should address
our Leslislature and tell them that they are operating off a
different page than we are and there is a time lag.
Director Davis next addressed Item 3 which reconTnends that
County improvements at CR 512/USI should be complete prior to
project completion, lie advised that the County is currently
engineering that improvement. There has been some question about
the railroad overpass, but if the twin pairs project Is not
implemented, or some project is not implemented, then we will
have problems with 512 and US1. Currently we are on track with
that project, and it is in the radius of influence of this'
project. He felt this is ~ good example of the impacts improve-
me~ts to these roads have on development because unless we
implement some project here, we will have a problem with, ~
concur fancy.
Co~issioner $curlock asked if Director Davis was saying
that if we do~'t move ahead with 512, we could be at moratorium
time in that whole radius of influence.
Questions followed as to the area that radius takes In, and
County 'l-faf f lc Engineer Michael Dudeck explained that this Is not
based on mileage but relates to the fact that there are very .few
roads in this area for the traffic .to get on. Radius of Influ-
ence fluctuates; it depends upon the roadway system that will
support that given development; and It can vary, a great deal.
Director Davis continued that the 51~ improvements would be
the County's responsibility unless for some reason our 512
project is delayed. Timing is an issue relating to whether tile
developer wants to wait until those improvements are complete or
whether he wants to move ahead and pay the premium and apply for
29
traffic impact fee credit, tva prefer, however, to continue on
with our project arid implement that improvement.
Co~r~r~issio~ler Scurlock again brought up the option of bonding
these improvements and accelerating the program, which approach
he does not r~ecessari iy support. He stressed that this is a very
complex issue a~d that conct~rrency is a much more serious matter
thar~ at~yor~e yet realizes.
Director Davis moved on to Item q - constructing an exclu-
sive left turn lane at 'the east and west approaches at CRSI0/U51.
He informed the Board tha.t is a project we do not have in
e~gir]eering at this time, and he believed this is the first
¢levelo[:~nent that has triggered it. Here again, if the developer
wants to cio it arrd get traffic impact fee credit, he can ~o it.
I~) disc. ussio~, the Chairman ~oted that apparently wh;t we
are saying regarding 510 is Fischer now or the County later.
'Director Davis advised that Item 5 in regard to signage to
prohibit industrial truck traffic being routed through Sebastian
Ilighlar]ds is tire responsibility of the developer.
Dr. ilenry Fischer came before the Board. lie agreed that
co~c~rrency is the problem with t,he City of Sebastian. He noted
that Sebastian Corrrnu~ity,Development Director Bruce Coope~. is
here, and he is concerned with the letter Jim Davis sent him.
lie is worried that if it is a reconlnendation and they donrt do
it. that later on the state will come back on them for It.
Dr. Fischer personally felt that both his own consultant and Mr.
Davis are right on course and that these improvements are needed
whether he builds his subdivision or not. He continued that' the
turn lane to the right out of Vickers and 99th Street Is needed
now. Ilis percentage of use is only $%. His percentage of use Is
less than 5% at Sl0; it is about 6% into 512; and at Schumann
Drive and Englar, it is 23%. Dr. Fischer stated that ~15% of his
traffic goes out 99th Street and 65% of his traffic goes into the
City of Sebastian by those back roads, fie felt impact fees and
percentage of use by him are a problem and pointed out that
Jong's vegetable market and other vegetable stands that are major
traffic creaters with great impacts weren't required to make any
improvements at al i
, ~3ot to mention Keith~s 011 Can. Fie feels as
if he is caught between the County and the City on concurrency,
and he would like to hove some relief
Commissior)er $curlock asked of all the improvements on this
list what Dr. Fischer does feel iS his responsibility and what he
would like to see made now.
Dr. Fischer advised that the last one W~th the slgnage in
the subdivision is part of his site Plan recommendation by the
City, and he will have to do that. tie Would like to work With
3O
the County and do the li,ferock section on tile q, ad~lltion t.o 99th
Street and be reimbursed out of traffic impact fees for the cost
of the l imerock and then the County can come in and asphalt that
road. He believed this was ~econmended by M~, Davis. That is
bis position b~cause the problem is already there - B~eezy
Village is there; New Horizons is 'there; and there a~e existing
industrial places (fertiJizer and chemical suppliers) which are
non-Fischer, and tlle~e are a lot of recreational uses.
Chai'rnlan Bird noted that he, therefore, is agreeing to do
the signage and the widening of 99th Street, if he can get credit
for the sub--base, but what about the other 3 reco~ended Improve-
ments? · ,
Dr. Fischer felt those are the responsibility of the b0T
because he is only a minor user.
Con~issioner Scurlock agreed that we have had many incidents
of this intersection being raised as a problem area, and D~.
Fischer stressed that 99th Street Is a joint problem; It Is just
a short feeder road.
Discussion continued at length In regard to the complexities
Involved, the possibility o~ an assessment district, the
btlity of bonding, cash flow, deficit situations, impact fees,
the fact that mo~e development creates more Impact fees, the fact
that CR 512 is one of our top priorities, and the effects of
concurrency.
Commissioner Scurlock agreed that this Is .a dlle~a, and he
believed it is the responsibility of the County Co~lsslon to
find a solution. [le did not think there is any question the
intersection should be improved, and asked if we can fund th6se
improvements and get an agreement with ~T to refund that cost
their cash flow al lows.
Director Davis felt we can pursue that but noted the ~T Is
reluctant to sign an agreement unless that Improvement Is In
their current 5 year plan.
Conlni ss l oner Scurlock recapped that Dr, Fischer has agreed
to Items 2 and 5. As to the other items, Co~issioner Scurlock
did not think Dr. Fischer should have to do 3 and q, and although
item 1 needs to be done, he did not feel that Is all Dr.
Fischer~s responsibility.
Chairman Bird concurred with Co~lissioner Scurlock's su~a-
tion. lie agreed that Item 1 definitely needs to be done and felt
that Dr. Fischer should participate to some degree.
Co~issioner 5curlock felt it is the County's responsibility
to step forth and do something about this, possibly even If DOT
doesn't. This is a very busy intersection, and he would like to
accelerate this and get the turn lanes.
31
Ce~mlissione~- Eggert felt that would create tile opportunity
t~ .~]et tire sig~al.
Censide~-able discussion ensued re the Improvements in Item 2
and whose ~'USl~O~sibi i i fy' they are, a~d Director Davis confirmed
that the e~stbound right turn large on 99th is not on the DOT
system and would be a county ~oad.
Co~issioner Bo~nan inquired about the cost involved with
item 1 and Director Davis estimated ~'oughly about $50/60,000.
Dr. J:ischer stated that he did not have any problem with
doing the eastbound turn lane on 99th and getting ~n impact fee
credit.
Chairman Bird asked if he would participate in the slgnal-
iz[~tion and 9et a c~edit for that, too, but Dr. Fischer had a
problem with that as he believed the signal is wa~ra~ted even
he d~es~'t ht~i id his project.
Debate followed as to who would participate in the signal-
izatio~, the benefited area, our capital improvements p~og~am,
etc., with Dr. Fischer continuing to contend that the signal
~equired whether or not he builds.
Con~issioner Scurlock wished to offer a Motion and noted
that he would not include doin~ the signal.
Con~nissior~er go.nan brought up the credit for l lmerock, but
Co.~nissio~er Scurlock felt that staff should work that out with
Dr. Fischer.
Oi'~ MOTION by Co~-nissioner Scurlock, SECONDED by Com-
missioner Egge~'t, the Board unanimously agreed to the
roi Iowinc3;
Item 1 Try to enter into an agreement with the DOT
to get turning lanes built on U.S.I.; Dr. Fischer to
go at, cad wi th the eastbou~d right turn lane oI~ 99th St.
and get impact fee credit; no signal now, but keep
Pl'essure o.7 the DOT for this.
It~,m 2 - Dr. Fischer to widen 99th St. to 2~~
Item 3 Not Fischer.~s responsibility.
Item ~I ~ Not Fischer's responsibility.
Itc:rn 5 sig~oge Fische~-'s responsibility.
32
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
RE:
May 2, 1991
Mayor Conyers and City Council Members
Councilman Peter Holyk
Kathryn M. O'Halloran
City Clerk
City Council Liaison
I request that City Council send an answer to the Indian River
County Commission regarding the offer to have a liaison from City
Council sit in on meetihgs with County Staff and FEC Staff
regarding current construction on CR 512.
I respectfully request that if I am not present, that this matter
be postponed to the next City Council meeting.
sam
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
RE:
May 2, 1991
Mayor Conyers and City Council Members
Councilman Peter Holyk
Kathryn M. O'Halloran
City Clerk
City Council Position on CR 512 Twin Pairs
I request that the City Council send a letter to the County
Commission rescinding all prior letters regardin9 th~ .['Twin
Pairs" and state the current position of the City Couhcil.
I respectfully request that if I am not present, that this matter
be postponed to the next City Council meeting.
sam
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 8, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
aLL PROPOSED ORDXNaNC~.S AND XNFORMaTZON ON ITEMS
B~.LOW MaY BE ~NSPECTED ~N T.~. OFFXCE OF THE C~?Y CLERK,
CTTY HALL, 122§ M~IN STREET, SEBaSTiaN,
CALL TO ORDER ~~
2. PLEDGE OF ALLEGIANCE
. INVOCATION- (~g~t f om Linda)~. ~ ~~.~
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
1
91.127
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - National Peace Officers Memorial
Day - May 12-18, 1991.~' ~5~ ~w~ ~ ~~, .__~
PRES____ENTATION~S - No~_e.~
2
8. PUBLIC HEARING, FINAL ACTION
91.128/
90.229
ORDINANCE NO. 0-91-12 - U.S. 1Rezoning - CL
(Commercial Limited) to CG (Commercial General) -
60 Parcels
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING
CERTAIN PROPERTY IN THE NORTHEAST AREA OF THE CITY,
APPROXIMATELY 60 PARCELS OF LAND MORE OR LESS LOCATED
ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND ON BOTH
SIDES OF U.S. HIGHWAY #1 AT THE NORTH CITY LIMIT
LINES, FROM CL (COMMERCIAL LIMITED) ZONING DISTRICT
TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
:3/27/91, Advertised
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9. PUBLIC INPUT
A. Non-Agenda Items - None
91.131
Pelican Island Art Group - Request to Utilize
Riverview Park - Shows 11/23/91, 11/24/91,
2/8/92, and 2/9/92 (Staff Recommendation dated
4/25/91, Thompson Letter dated 4/22/91)
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91.130
RESOLUTION NO. R-91-16 - Mutual Aid Agreement
Between City of Sebastian P.D. and City of
Fellsmere P.D. (Staff Recommendation dated
4/23/91, R-91-16, Proposed Mutual Aid Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A MUTUAL AID
AND VOLUNTARY COOPERATION AGREEMENT WITH THE CITY OF
FELLSMERE, FLORIDA; RATIFYING THE AGREEMENT AS SIGNED
BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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10. CONSENT AGENDA
A. Approval of Minutes - 4/24/91 Regular Meeting,
5/1/91 Workshop
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13. NEW BUSINESS
91.016
A. Fuel Tank Contamination Report (Robb stated at
the 4/24/91 meeting that this report would be on
this agenda even if it did not make agenda
deadline )
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new # B. Computer Consultant Proposal - Dobson, Bjerning,
Duffey and Rosenfield - $25,000 (City Manager
Recommendation dated 4/25/91, DBDR Letter dated
4/24/91, FY 90, 89, 88, 87, 86 Audit Pages)
....... ~ ...... ~ .~..
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91.061 C. Engineerin§ Contract - Louisiana & Schumann
Pro3ects - Approve Proposal for Professional
Services from Masteller, Moler & Mayfleld, Inc. -
$30,000 from Gas Tax Fund - $ 9,700 from General
Fund (City Manager Recommendation dated 4/22/91,
Mayfield Le%ter dated 4/12/91)
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14. MAYOR'S MATTERS
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15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
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C. Councilman Powell
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17. CITY MANAGER MATTERS
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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.)
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