The URL can be used to link to this page

Home My WebLink About06271990City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E M O R A N D U M DATE: June 27, '1..990 TO: Kal:hryn O.'Hal Ioran City Clerk FROH: Gerry lqubes 2~:2 Code Enforc'ement Board Se~':retary Mt', Char/es',. J. Veneziano Appl, ic;ant for C. ode Enfc~rcemenk Board Sinr:e Hr. Venez'.[ano does not reside in Sebastian, his appl.ic'al:ior~ should be withdrawn for consideratJ_on for the Code Enforcemenl: Board. c~ d a [:,[,. d o e 90.159 90.160 90.150 90.161 90.128 JUNE 27, 1990 CITY COUNCIL WORKSHOP DOCUMENT LIST The following is a list of backup materials for each item in the agenda packet and notation for those agenda items with no backup. 6/27/90 Agenda 9. CONSENT AGENDA Approval of Minutes 1. 6/13/90 Regular Meeting Minutes B. RESOLUTION NO. R-90-23 - Abandonment of Easement 1. R-90-23 2. Map 3. Memo from DCD dated 6/13/90 4. Memo from ICE dated 6/13/90 5. Letter from Van de Voorde dated 5/9/90 6. Letter from DCD dated 5/17/90 7. Memo from DCD dated 6/11/90 Request for Community Center - Sebastian River Shrine Club - 10/10/90 - 6 p.m. to 10 p.m. - 4/13/91 - 6:30 p.m. to 10:30 p.m. - 12/13/91 - 6:30 p.m. to 10:30 p.m. - John Zarick¥ Permit~ee - D.O.B. 1/7/22 - A/B - Security ~ on File 1. 3 Applications Sebastian Lakes Utilities Rate Increase Request - Vacate Public Hearing Scheduled for 8/8/90 1. City Manager Recommendation dated 6/19/90 Reject Ail Bids for Golf Course Air-Conditioner and Readvertise 1. Staff Recommendation dated 6/20/90 2. Memo from Interim Golf Course Manager dated 6/4/90 3. Memo from Interim City Engineer dated 6/11/90 4. Bid Tabulation Form Award Bid - Cemetery - Sod - Bannerman Landscaping, Inc. of Miami - S13,260 1. Staff Recommendation dated 6/20/90 2. Memo from Interim City Engineer dated 5/2/90 3. Memo from Kinchen dated 6/18/90 4. Bio-Service Report 1 90.129 90.162 90.163 90.164 90.165 90.113 90.011 90.166 11. Award Bid - ~ L Irrigation - Unit Clark Water ~ 1. Staff Recommendation dated 6/20/90 2. 3. 4. Memo from Interim City Engineer dated 5/2/90 Memo from Kinchen dated 6/18/90 Bio-Service Report COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD Accept Resignation of ~ Vickers - Board Appointments a. W_~fne Tozzolo - Businessman Position - Unexpired Term to 3/91 b. Appoint Charles J. Veneziano - Engineer Position - Three Year Term to 6/93 Appoint Louis Nicolini - General Contractor Position - Three Year Term to 6/93 1. Code Enforcement Board Recommendation dated 6/21/90 2. Letter from Vickers dated 6/13/90 3. Memo from P.D. dated 5/30/90 4. Memo from P.D. dated 5/14/90 5. Tozzolo Application 6. Veneziano Application w/ resume 7. Nicolini Application B. PARKS AND RECREATION COMMITTEE Appoint Harry DiSalvio - Alternate - Three Year Term 1. City Manager Recommendation dated 6/12/90 2. Application 3. P.D. Memo dated 1/22/90 14. MAYOR'S MATTERS 17. A® Discussion - Department of Environmental Protection Fine Re: Asbestos Removal 1, Letter from Director of Community Development dated 6/15/90 2. Memo from DCD dated 6/15/90 3. Letter from DCD dated 5/4/90 4. Memo from DCD dated 6/13/90 CITY MANAGER MATTERS Az RESOLUTION NO. R-90-24 - Police Chief Job Descri~,tion 1. City Manager Recommendation dated 6/21/90 2. R-90-24 90.167 89.019 Chief of Police Appointment - Request City Council Concurrence 1. City Manager Recommendation dated 6/21/90 2. Letter of Agreement dated 6/14/90 3. City Manager Letter dated 12/22/88 4. Resume 5. City Manager Memo dated 6/20/90 6. Letter from Rondeau dated 6/18/90 7. Memo from Reynolds dated 6/8/90 8. Letter from City Manager dated 5/5/89 9. Letter from Rondeau dated 6/21/90 10. Letter from City Manager dated 6/21/90 C. Discuss General Development Matters - Units 16 & 17 1. 2. City Manager Recommendation dated 6/21/90 Memo from City Manager dated 6/11/90 w/ attachments (Park Site Status, Memo from ICE dated 1/31/90, Memo from Kinchen dated 6/14/90) 3 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 27, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Carl Merola - St. Elizabeth's Episcopal Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION 8. PUBLIC INPUT A. Non-Agenda Items B. Agenda Items 9. CONSENT AGENDA A. Approval of Minutes - 6/13/90 Regular Meeting 90.159 90.160 90.150 90.161 90.128 90.129 90.162 10. 11. RESOLUTION NO. R-90-23- Abandonment of Easement~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH TEN FEET OF THE SOUTH FORTY FEET OF LOT 17 AND THE SOUTH TEN FEET OF THE NORTH FORTY FEET OF LOT 17, BLOCK 197, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37K, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Request for Community Center - Sebastian River Shrine Club - 10/10/90 - 6 p.m. to 10 p.m. - 4/13/91 - 6:30 p.m. to 10:30 p.m. - 12/13/91 - 6:30 p.m. to 10:30 p.m. - John Zaricky Permittee - D.O.B. 1/7/22 - A/B - Security Deposit on File Sebastian Lakes Utilities Rate Increase Request - Vacate Public Hearing Scheduled for 8/8/90 (City Manager Recommendation dated 6/19/90) Reject Ail Bids for Golf Course Air-Conditioner and Readvertise (Staff Recommendation dated 6/20/90, Memo from Interim Golf Course Manager dated 6/4/90, Memo from Interim City Engineer dated 6/11/90, Bid Tabulation Form) Award Bid - Cemetery - Sod - Bannerman Landscaping, Inc. of Miami - $13,260 (Memo from Interim City Engineer dated 5/2/90, Memo from Kinchen dated 6/18/90, Bio-Service Report) Award Bid - Cemetery - Irrigation - Unit 4 - Clark Water Company (Memo from Interim City Engineer dated 5/2/90, Memo from Kinchen dated 6/18/90, Bio-Service Report) PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD Accept Resignation of Larry Vickers (Code Enforcement Board Recommendation, Letter from rickets dated 6/13/90 Board Appointments (Code Enforcement Board Recommendation dated 6/20/90, 3 Applications) 2 90.163 90.164 90.165 90.113 90.011 90.166 12. 13. 14. 15. 16. 17. a. Wayne Tozzolo - Businessman Position - Unexpired Term to 3/91 b. Appoint Charles J. Veneziano - Engineer Position - Three Year Term to 6/93 c. Appoint Louis Nicolini - General Contractor Position - Three Year Term to 6/93 B. PARKS AND RECREATION COMMITTEE 1. Appoint Harry DiSalvio - Alternate - Three Year Term (City Manager Recommendation dated 6/12/90, Application) OLD BUSINESS NEW BUSINESS MAYOR'S MATTERS A. Discussion - Department of Environmental Protection Fine Re: Asbestos Removal (Letter from Director of Community Development dated 6/15/90, Memo from DCD dated 6/15/90, Letter from DCD dated 5/4/90, Memo from DCD dated 6/13/90) COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. RESOLUTION NO. R-90-24 - Police Chief Job Description (City Manager Recommendation dated 6/21/90) a RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE JOB DESCRIPTION FOR THE OFFICE OF CHIEF OF POLICE; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 90.167 B. 89.019 C. Chief of Police Appointment - Request City Council Concurrence (City Manager Recommendation dated 6/14/90, Letter of Agreement dated 6/14/90, City Manager Letter dated 12/22/88, Resume, City Manager Memo dated 6/20/90, Letter from Rondeau dated 6/18/90, Memo from Reynolds dated 6/8/90, Letter from City Manager dated 5/5/89, Letter from Rondeau dated 6/21/90, Letter from City Manager dated 6/21/90) Discuss General Development Matters - Units 16 & 17 (City Manager Recommendation dated 6/21/90, Memo from City Manager dated 6/11/90 w/ attachments) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY'DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 4 RESOLUTION NO. R-90-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH TEN FEET OF THE SOUTH FORTY FEET OF LOT 17 AND THE SOUTH TEN FEET OF THE NORTH FORTY FEET OF LOT 17, BLOCK 197, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37K, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The north ten feet of the south 40 feet of lot 17 and the south ten feet of the north forty feet of lot 17, block 197, unit 10, according to the plat thereof, recorded in PBI 6/37K, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. CITY OF SEBASTIAN, FLORID~ ATTEST: by: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this day of , 1990. Kathryn M. O'Halloran, CMC/AAE ( SEAL ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, this day of , 1990. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: Charles I. Nash, City Attorney 2 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: June 13, 1990 Kathryn O'Halloran City Clerk Bruce Coope~ ~ Director ~f~-~/~ Abandonment of Easement This department has no objections to the 'abandonment of easement for the north 10 feet of the south 40 feet of Lot 17 and the south 10 feet of the north 40 feet of Lot 17, Block 197 Unit 10, Sebastian Highlands. BC/gk abanno.doc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: JUNE 15, 1990 TO: KATHRYN M. 0'HALLORAN CITY CLERK FROM: DAVID FISHER ~x~'r CITY ENGINEER RE: ABANDONMENT OF EASEMENT AFTER AN ON SITE INSPECTION BY OUR DEPARTMENT, WE HAVE NO OBdECTION TO THE ABANDONMENT OF EASEHENT FOR THE NORTH TEN (10) FEET OF THE SOUTH FORTY (~0) FEET OF LOT 17 AND THE SOUTH TEN (10) FEET OF THE NORTH FORTY (40) FEET OF LOT 17, BLOCK 197, UNIT 10, SEBASTIAN HIGHLANDS. SHOULD YOU REQUIRE ANY FURTHER INFORMATION, PLEASE FEEL FREE TO CONTACT OUR OFFICE. DF:LK Rend G. VanDeVoorde Attorney at Law 1327 North Central Avenue Sebastian, Florida 32958 (407) 589-4353 Ma'/ 9. 1990 Rob McClary City Manager City Hall 1225 Main Street Sebastian, Florida 32958 Re: Hemrick / Huffman My File ,e: 90.056 Dear Rob: ! represent Charles M. & Frances C. Hemrick who are the sellers o5 the property described as SE 1/2 of Lot '17. and all of Let 16, Block 197, Sebastian Highlands. Unit !0. During the course of my title examination, I came across an easement date August 19, 1986, from Charles M. Hem_rick and Frances C. Hemrick to the City of Sebastian. A copy of the easement is enclosed. A~ ~,~ . that in resolution R-86-~8 the c~ty what had happ ..... d was · abandoned the side iot easements '~£etween, the southeast side of Lot 17 and the nor'thwes% side of Lot 16 and the northeast side of Lot. 17 and the southwest side of Lot. 18. A copy of that resolution is enclosed for a reference. I assume that after that. Mr. & Mrs. Hemrick then constructed the house on the property because, there is a house located on what used to be the boundary line between, Lot 17 & Lot 16. Presumably. at that point the city _q ..... an asement relocating the de lot easements and that's the document ! ,referred to earlier that was executed August,~, !eo&..~.~, end r"ecorded i~ ..... Off,ca: Record Book 744 page ~"43~.. There a,-~_ ~ _.~everai .orob~ems- as ! see it associated with the easement eat. ed August i9, 1986. The first :s, that the description referred to in the easements is "the north 10' ,of the south 40' of Lot 17. and sou%h lO'of the north 40' ,-,~. ~ ~.~,~ !7 . ~loc]< ,~gv ...." The ~c~ are oriented not . c,~ ~c, a northeast southwest ax~s and 5% on a n~_ ~h~outh axis but en . - a ,-~ ~ that ti'ii~ creates an ambiguity of where the easemen+~=. are located. Enclosed are four possible _~nv~rD~'a+...,~ ..~ons of where those easements are 'located based on t'Nat description. ~ 2 of 2 Rene' g. VanDeVoorde Attorney at Law 1327 North Central Avenue Sebastian, Florida 32958 ¢407) 589-4353 A second problem is that in fact the Hemrick's owned only the southeast i/2 of Lot 17 not all of Lot 17 so they could only convey an easement over a portion of the property they owned. Thirdly the easement referes to a 10' easement but my understanding of the side lot easements ( which I assumed was being attempted to be reestablished) for the subdivision are 6' easements. Did the city request a 10' side lot easement? After reviewing these items please contact my office so that we can discuss the best way to resolve this problem. I have asked Kevin Smith of Smith Surveying of Palm Bay to write a proper legal description for the side lot easements in anticipation of the need for an easement executed by the Hemr:ck's to the city correcting the problem. I would assume too, that the city would need to abandoned and vacate the description and easement which, I see recorded in Offical Record Book 744, page 2432. Thank you for your attention in this matter. Sincerely. Rene' 6. VanDeVoo4re RGV/1 d cc: Mr. & Mrs. Charles M. Hemrick City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 3297'8 TELEPHONE (407) 589-5330 FAX 407-589-5570 May 17, 1990 Rene G. VanDeVoorde 1327 N. Central Avenue Sebastian, FL 32958 Reference: Hemrick/Huffman Dear Rene: Mr. McClary has asked me to review your letter dated May 9, 1990 concerning the above reference case. In reviewing the documents submitted by your firm, Resolution R-86-38 and easement recorded August 19, 1986 I have the following comments: The intent of Resolution R-86-38 was to abolish the easements between lots 16 and 17 and lots 17 and ].8, block 197, Unit 10 Sebastian Highlands. I am afraid the description of the easements to be abolished in R- 86-38 are incorrect. The description should have been as follows; the northwest 6 feet of Lot 16, the southeast 6 feet of Lot 17, the northwest 6 feet of Lot 17, and the southeast 6 feet of Lot 18. Resolution R-86-38 was not even needed due to the recorded plat of Sebastian Highlands Unit 10, plat book 6, page 36, document 110119 is partially stated as follows: where more that one lot is intended as a building site, the outside boundaries of said building site shall carry said inside easements. Apparently in 1986 the City of Sebastian was not aware of the plat dedication note allowing the side easements to be relocated without the requirement of a vacation procedure and also they did require a subsequent easement to be recorded to relocate said easement to the outer boundary (See attached letter dated August 11, 198~ f~om Elizabeth Reid to Mr. & Mrs. Hemrick). Rene G. VanDeVoorde May 17, 1990 Page 2 Even though the intent of the easement recorded August 19, 1986 by Mr. and Mrs. Hemrick was to place new easements down the middle of lot 17, the description could be interpreted by the strict interpretation of the compass direction. The City of Sebastian will start the procedure to abandon the easement as described in the 1986 recorded document once the attached paperwork is signed by the property owner. I hope this will meet the needs of your client and if you have any further questions, please do not hesitate to call me at 589-5537. Sincerely, Director of Community Development BC/gk van.doc cc: Robert S. McClary Kathryn O'Halloran City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: June 11, 1990 Kathryn O'Halloran City Clerk Bruce Cooper m~~ Director of Community Develop Abandonment of Easement Attached is a letter from Rene G. VanDeVoorde dated June 6, 1990 with accompanying documents concerning the abandonment of easement for a Robert E. Huffman. Also, I have attached the original file for abandonment of easement for Lot 16, 17, & 18, Block 197 Sebastian Highlands Unit 10 and a letter dated May 17, 1990 from myself to Rene G. VanDeVoorde concerning this easement. Would you please start the process in abandoning the easement that was placed on the lots in 1986 and I have recommended that we waive the fee for this application due to the City requiring and obtaining an incorrect easement. Thank you. BC/gk easement.doc CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER ~"~!!~ YACHT CLUB Name of Renter/Organization Number of Persons constituting group or organization: Reason for Rental ?a]~er Crusa.f.e lll. c'~[o=~ ?artV Requested Date 8~o%~er !~, ]C99 Time of Day: From ~f~:0,~ ~ To ]c,:~ ~r Please answer YES or NO: -1) 2) 3) 4) §) Are kitchen facilities required? Are you e resident of Sebastian? Will decorations be put up? Will there be an admission or door charge? Will alcoholic beverages be served? Yes (s) If answer to #5 is yes - permittee's proof of age ~rivar's license (b) If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on Amount of Rents1 Q~'.OO 7' Tax: · Security Deposit: $~1~ Total Rental: $ Name of Permtttee: John C. garic]v, ia.' Sec, :.C.~L.2. C. ~ . Address of Permittee: ~"..:.., 'Tentvort? Etr~',~e, ~Ce~- Telephone No.: _5.~ .... _ ~ .~ Date of Application Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on /D~. r~ by Check # Rental Fee paid ~ °nb~ (date) in the amount of/., or Cash . ~ initial (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check amount of on Amount kept for damages (if applicable). in the ( date ). CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER _~L~__ YACHT CLUB Name of Renter/OrganfzationSeba~t{gn R4v~- ~h~n~ Cl,,E Number of Persons constituting group or organization: 90 Reason for Rental to hold our Charter Requested Date April 13, 1991 Time of Day: From ~:30 Dm TO 10.-~0 ~ Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you e resident of Sebastian? Yes 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverages be served? Yes No (a) If answer to #5 is yes - permittee's proof of age Driver's license (b) If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on Amount of Rental ~O-OO1 7% Tax: ~/~ Security Deposit: ~ /~ft .~ Total R~ntal: $ Name of Permittee: John~c .... 'ar~c~:v' ' ~,0,~ '/~/~2~ Address of Permittee: <~3~ ~en~'ortb Street, Telephone No.: 5~?-2924 Date of Application ~~90 Hake checks payable tot CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on /~. ~'~c~ by Check (date) in the amount of~~ or Cash . o initial Rental Fee paid on by Check (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount Of on Amount kept for damages (if applicable). in the (date). CITY OF SEBASTIAN RENTAL PERMIT APPLICATION · ;:~ YACHT CLUB COMMUNITY CENTER Renter,Organization Sebastian/ ~iver ~" ine Club Name of Number of Persons constituting group or organization: Reason for Rentalto }~o~ our Requested Date Dec 13, 1991 Time Of Day: From ~:~0 pm Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? Yes 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverages be served? Yes No (a) If answer to #5 is yes - Driver's license permittee's proof of age (b) If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on Amount of Rental =~',OO 7% Tax: ~/~ Security Deposit: $ ~'~& Total Rental: $ Name of Permittee: John C. Zarick¥ Address of Permittee: "~7 r~.o ~r~ Date of Application ~ Telephone No.: Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on /~l~/~ (date) in the amount of~ / ~ /~,~ by Check ~ ' ' or Cash . initial Rental Fee paid on by Check # (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check'~ amount of on in the (date). Amount kept for damages (if applicable).' City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Sebastian Lakes Rate Increase Request Approved For Submittal By: City Managerc. q ) Agenda No. ~0~ /~--~ ) ) Dept. of Origin City Manager ) ) ) Date Submitted: 06/19/90 ) ) For Agenda Of: 06/27/90 ) ) Exhibits= - ) ) ) EXPENDITURE REQUIRED: ~/~OUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its Regular Meeting of June 13, 1990 the City Council scheduled a public hearing for August 8, 1990 to review the request for a rate increase by Sebastian Lakes Utilities. The City Council will be workshoping this item at its August 1, 1990 Workshop Meeting. Since a public hearing requires ten (10) days notice and because the City Council may have new information at the Workshop Meeting, the scheduled public hearing should be vacated and the City Council should set a new date after its Workshop Meeting. RECOMMENDED ACTION Move to vacate public hearing scheduled for August 8, 1990 requesting a rate increase of Sebastian Lakes Utilities. City of Sebastian POST OFFICE BOX 780127 El SEBASTIAN, FLORIDA 32978 TELEPHONE (407) ,51}9-5330 FAX 407-589-5570 SUBJECT: Bid Award for Air Conditioner at the Golf Course Club House Approved For Submittal By: City Manager On/L/ Dept. Origin FINANCE (LWN) Date Submitted 6/20/90 For Agenda Of 6/27/90 Exhibits: Memo frGm',.i I.G.C.B.M M~o frc~ I.C.E. Bid Tabulation Sheet EXPENDITURE REQUIRED: none AMOUNT BUDGETED:S8,000-00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Three bids were received for air conditioning at the Sebastian Municipal Golf Course. Service Refrigeration su~nitted a bid to re-condition the two existing units and add a new 5 ton unit yielding 11 tons of cooling capacity. The bid specifications called for two new four ton units and removal of the two existing units. After t_he bids were received and reviewed by staff, it was agreed upon that the best interest of the City w~uld be to have 11 tons of cooling capacity and re-condition the existing units. RECOMMENDED ACTION Move all bids for air conditioning at the golf course be rejected and the city review the specifications and re-adverti~', City of Sebastian SEBASTIAN HUNICIPAL gOLF cOURSE 101 E. AIRPORT DR. SEBASTIAN, FL. 32958 DATE TO: FROM: RE: June 4, 1990 Robb McClary, CM Jim DeLarme, IH(.~.~. Bid Award of Air Conditioner I Would like to acce~t Service RefrigeratiOn bid. Even thOugh we are retaining the two (2) old units, they are in good shape and will be re-conditioned. We will also be getting two (2) more tons of air conditioning for the Club- house which I think is needed. City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMO DATE: TO: FR OM: RE: 11 JUNE 1990 ROBERT S. McCLARY, CITY MANAGER LARRY NAPIER, FINANCE JIM DELARME, GOLF COURSE DAVE FISHER, INTERIM CITY EN BID AWARD FOR AIR CONDITIONING AT GOLF COURSE This to advise you I concur with the recommendation/request set out in Jim Delarme's memo to City Manager McClary dated 4 June 90 regarding the subject bid award. Se~rvice Refrigeration's bid was arrived at in a thorough, professional manner and their proposal appears to exceed the specifications advertised in the request for bids. Further, analysis of the three bid prices indicates Service Refrigeration's bid to be fair, reasonable, and competitive. Based on the information presented, I believe it to be in the best interests of the City to accept Service Refrigeration's proposal. Also, I do not think the other two bidders will be unfairly compromised by such action as they were free to submit the same kind of proposal. City of Sebastian 'POST OFFICE BOX 780~27 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT~ ~CemDtery ImprOvements Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Public Works 6-20-90 6-27-90 Exhibits: Memo from David Fisher dated 5-2-90 Memo L. Kinchen 6-18-90 Bio Services Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Public Works Department has received the results of the Cemetery Water situation from Environmental Health. After speaking to Glen Schussler of the Health Dept. It was determined that~ the results were much better than last reported. The chloride level as reported by Bio-Services was 383 and the Health Department tested at 394. Mr. Schussler indicated that the reason the first results were so high was because the sample bag which we received from them was not the one we needed for chloride tests and contained a sodium , tablet which caused RECOMMENDED ACTION the high readinG. Move the Bid for sod be awarded to Bannerman LandscapinG, Inc. of Miami, in the amount of $13,260.00 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: TO: FROM: RE: 2 MAY 1990 ROBERT S. McCLARY, CITY MANAGER DAVE FISHER, ENGINEERING/PUBLIC ~ BID AWARD RECOMMENDATION . BANNERMAN LANDSCAPING, INC. . SOD FOR SEBASTIAN CEMETERY, UNIT 4 Following evaluation of four (4) bids for the subject project, we conclude the low bidder is Bannerman Landscaping, Inc., of Miami, Florida. Bannerman's proposed base price for 102,000 SF of Floratam sod, delivered and installed, is $0.13 per SF or a total base price of $13,260. We find Bannerman to be qualified and capable of completing the work as specified and required. Further, we find their bid price to be fair, reasonable, and competitive. For the above stated reasons, we recommend the City award a cOntract to Bannerman Landscaping, Inc., to provide and install the subject sod. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589*5330 [] FAX (407) 589-5570 DATE: TO: FROM; THROUGH: SUBJECT: JUNE 18TH, 1990 ROBERT S, MCCLARY CITY MANAGER LINDA KINCHEN~~' ADMINISTRATIVE ASSISTANT DAVID FISHER CITY ENGINEER CEMETERY WATER U~DATE PLEASE BE ADVISED THAT WE HAVE RECEIVED BACK RESULTS ON THE CEMETERY WATER SITUATION FROM BIO-SERVICES, A COPY OF WHICH IS ATTACHED. BECAUSE OF THE GREAT DIFFERENCE BETWEEN THESE RESULTS AND THE RESULTS REPORTED BY THE HEALTH DEPARTMENT, WE HAVE ASKED THE HEALTH DEPARTMENT TO TAKE AN ADDITIONAL SAMPLE AND RETEST THE WATER, As SOON AS THIS IS COMPLETED, WE WILL ADVISE YOU OF THEIR FINDINGS. SHOULD YOU HAVE ANY OUESTIONS, PLEASE FEEL F~EE TO CONTACT OUR OFFICE, LK:EM BIO-SERViCES OF VERO, lNG. ,, 2501 27th Avenue A6 - Veto Beach, Florida 32960 - 407/569-2284 STATE (~ERTIF1ED LABORATORY STATE CERTIFIED OPERATORS ' ' DHRS NOS. 83121 & E83013 Gtt¥ of Sebastian Depat-tment of Public Works & Engin,?ertng 1225 Ma~n S~ee~ Sebastian, Florida 32958 ATTN: Jerry Re: Chloride Analysis W3697A & 369'1B 05/21/90 0900 M.T. Keith]tne 05/2~/90 0930 M.T. Keithline 05/21/90 1000 .).P. Bu~ton #3697A .... Well Tap, Grave Yard #369?B---Well Tap, Baseball Field CLIENTS NAME & ADDRESS SAMPLE NUMBER DATE TIME COLLECTED BY DATE TIME REC'D SAMPLE LOCATION BY PARAMETERS Chl or.! des METHOD STORET RESULTS, MG/L NO. NO. DATE/BY #A #B 05/23-BM SM-.407D 00940 383 345 Please note that the data from Bio-Services was for completeness v~rlf.~ed by GeoTech, Inc. of West Pa.lm Beach. _ DATE: May 30, 1990 Jane P. Burton, Director Marllou T. Keithllne, QAO City of Sebastian ' POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) $89-S330 FAX 407-589-5570 SUBJECT: Cemetery Improvements Approved For Submittal By: Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Public 6-20190 6-27-90 Exhibits: Memo from David Fisher Dated 5-2-90 Memo L. Kinchen 6-18-90 Bio-Services Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Public Works Department has received the results of the Cemetery Water situation from Environmental Health. After speaking to Glen Schussler of the Health Department, It was determined that the results were much better than last reported. The chloride ~evel as reported by Bio-Services was 383 and the Health Department tested at 394. Mr. Schussler indicated that the reason the first results were so high was because the sample bag which we received from them was not the one we needed for chloride tests and contained a sodium tablet which caused the high reading. RECOMMENDED ACTION Move the Bid for an irrigation system for Cemetery Unit 4 be awarded to Clark Water Company of Sebastian~ in the amount of $3,700.00. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589--5570 DATE: TO: FROM: RE: 2 MAY 1990 ROBERT S. McCLARY, CITY MANAGER DAVE FISHER, ENGINEI~RING/PUBL~ BID AWARD RECOMMENDATION . CLARK WATER CO. . IRRIGATION SYSTEM FOR CEMETERY, UNIT 4 The one and only bidder for the subject project is Clark Water Co. of Sebastian. Their bid, in accordance with specifications, is $3',700. We find Clark to be qualified and capable of completing the work as specified and required. Further, even though they were the only bidder, we find their bid price to be fair, reasonable, and competitive. For the above stated reasons, we recommend the City award a contract to Clark Water Co. to provide and install the subject irrigation system. City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE; TO: FROM; THROUGH: SUBJECT: JUNE 18TH, 1990 ROBERT S, MCCLARY CITY MANAGER LINDA KINCHEN~f~~' ADMINISTRATIVE ASSISTANT DAVID FISHER CITY ENGINEER CEMETERY WATER U~DATE PLEASE BE ADVISED THAT WE HAVE RECEIVED BACK RESULTS ON THE CEMETERY WATER SITUATION FROM BIO-SERVICES, A COPY OF WHICH IS ATTACHED. BECAUSE OF THE GREAT DIFFERENCE BETWEEN THESE RESULTS AND THE RESULTS REPORTED BY THE HEALTH DEPARTMENT, WE HAVE ASKED THE HEALTH DEPARTMENT TO TAKE AN ADDITIONAL SAMPLE AND RETEST THE WATER. As SOON AS THIS IS COMPLETED, WE WILL ADVISE YOU OF THEIR FINDINGS. SHOULD YOU HAVE ANY OUESTIONS, PLEASE FEEL FREE TO CONTACT OUR OFFICE, LK:EM BIO--.SE}~V[CES OF VERO, lNG. -, 2501 27th Avenue A6 - Veto Beach, Florida 32960 - 407/569-2284 STATE CERTIFIED LABORATORY STATE CERTIFIED OPERATORS I)I{RS NOS. 83121 & E83013 City of Sebastian Department of Public Works & E~gineering 1225 Main Street Sebastian, Florida 32958 ATTN: Jerry Re: Chloride Analysis #3697A & 369'1B 05/21/90 0900 M.T. Keithllne 05/21/90 0930 M.T. Ke~th]ine 05/21/90 1000 J.P. Burton #3697A ...... Well Tap, Grave Yard #3697B---Well Tap, Baseball Field CLIENTS NAME & ADDRESS SAMPLE NUMBER DATE TIME COLLECTED BY DATE TIME REC'D SAMPLE LOCATION BY PARAMETERS Chl or.i des METHOD STORET RESULTS, MG/L NO. NO. DATE/BY #A #B SM-407D 00940 05/23-BM 383 ~45 Please note that the data from Bio-Services was for completeness verif.ied by GeoTech, In{:. of West Palm Beach. DATE: May 30, 1990 Jane P. Burton, Marilou T. Keithline, QAO City of Sebastian POST OFFICE BOX 780127 c~ SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Code Enforcement New Members Approved For submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: Code Enforcement (B~)~ June 27r 1990 Letter of Resignation of Larry Vickers 3 Applications EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the Code Enforcement Board meeting of June 20, 1990 a motion was made by Mr. Damian Gilliams and seconded by Vice Chairman Fischer to accept Mr. Larry Vickers resignation from the board. Motion was made by.Mrs. Joan Kostenbader and seconded by Vice Chairman Fischer to recommend to city ,Council appointment of Wayne Tozzolo to fill the ~nexpired term of businessman position expiring 3/91, Charles J. Veneziano (Engineer position) expiring 6/93 and Louis W. NicolinJ (General Contractor position) expiring 6/93 to the Code Enforcement Board. RECOMMENDED ACTION Move to approve the following recommendations: 1. Accept resignation of Larry E. Vickers. 2. Appoint Wayne Tozzolo for a term to expire 3/91. 3. Appoint Charles J. Veneziano (Engineer Position) for a term to expire 6/93. Appoint Louis W. Nicolini ('Genera] Contractor Position) for a term to expire 6/93. Larry E. Vickers 1097 Gardenia Street Sebastian, Fi. 32958 June 13, 1990 City of Sebastian Code Enforcement Board P.O. Box 780127 Sebastian, Fi. 32978 AT, N: Chairman DeRobertis I hereby sut~nitmy resignation as a member of the Sebastian Code Enforcement Board, to be effective hnnediately. Currently I am compelled to devote the majority of my time tomy own business and cannot con, it my time to the board with any certain reliability. It has been my pleasure to serve the city of Sebastian in this capacity. Sincerely, ..... Larr~E. Vickers LEV/ SEBASTIAN POLICE DEPARTMENT Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 MEMO Date ~ .- ~ubje~t : : May 30, 1990 Kathryn M. O'Halloran, City Clerk Detective William Render~ Applications - Code Enforcement Board In reference to two (2) applications for Code Enforcement Board an active warrant check w-as run on the following persons. Wayne Tozzolo, NCIC/FCIC negative. Louis W. Nicolini, Sr., NCIC/FCIC negative. WR/jh SEBASTIAN POLICE .,,,DEPARTMENT... Post Office Box 7801 Sebastian, FL 32978-01 (407) 589-5233 Jllll I IIIII MEMO Date To -' {~bj~t May 14, 1990 Kathryn M..O'Hallora~JCity Lt. David J. Puscher ~ Clerk Application, Code Enforcement Board An active warrant check on Charles J. Veneziano0 D.O.B. 08/04/56 was conducted. The check failed to show any active warrants on the above name and date of birth. DJP/jh CITY OF SEBASTIAN APPnICATION FOR BOARD APPOINTMENT Board ApDlied '~or: ~o~%T~O=~-~ Date of Birth: ~: ~.O -~ , Social Security Number: Sex: , Note: Each question must be completely answered. If additional space is required, please attach additional sheet(s) and clearly identify the question to which you are responding. List all residential addresses for the past ten years, beginning with your present ad~ress and working back in reverse chronological order. Please include your present residential telephone number. Present Street Address: ~O~ ~~ ~ Se ~<A~4 ~ ~D 9J~ Telephone: Present Mailing Address (if different): Street Address: Street Address: Street Address: Are you a registered voter in the City of Sebastian? Are you a registered voter in Indian River County? High School: Address: Date of G~aduation: College/University: Address: Major: a~tr~. Degree Received: Education College/University: Address: Major: Dates Attended: Degree Received: College/University: Address: Major: Dates Attended: Degree Received:' Employment List all employment activity for the past ten years, beginning with your present position and working back in reverse chronological order. Please include the telephone ntuaber where you can be contacted during business hours. Employer: --t,~.~L~o ~.~% C~x~T'.' ~' ~ . ..... Mailin~ Address: ~% ~~. ~. ~~~ ...... Date of ~plo~ent: ~ 9~ ~- e~~hone: ~ . % % ~ ~" Occupation: Mailing Address: Dates of ~plo~ent: Occupation: ~ployer: Mailing Address: Date of Employment: Phone: Describe in detail all of your business or military experience which you believe is particularly applicable to the position you are seeking. Please list all professional licenses which you hold (contractor, accountant, etc.) Name of License: zssuing Authority: 2 ume of License: Issuing Authority: Date of Issuance: Date of EXpi~ition: Please list the names of all relatives who are presently employed by the City of Sebastian; serving on an appointed Board of the City of Sebastian; or w~Aare Members of the City Council. Have you ever been convicted of involving theft or dishonesty? If yes, please indicate charge, name of adjudication~ and sentence. felony or a misdemeanor of adjudicating court, date References Please your reputation in the community. Street Address: Mailing Address (if different): Residence Telephone: ~ZZS~;g~' identify two persons who can provide information as to street Address: ! ~'~ ' ~l~_~ "~ Mailing Address (if' different) Business Telephone: Name: ~ ~ ~ ~ ~ _ ~ . S~reet Address: ~Z~. "" ~N ~ , ~~w[~3 "'~ .... ~ : .... ; Mailing Address (if diff~ tent) Residence Telephone: ......... Business Telephone: ~"L"~Z~ Street Address: ! Mailing Address (if differe~ Residence Telephone:.~-~'~ Business Telephone: In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, other than present or past employers, who can provide information concerning your reputation in the business com~.unity. Business Telephone Please provide a brief statement as to why you are seeking thi: appointment. I acknowledge that I have read the relevant sections of the Constitution and Laws of the State of Florida pertaining to the general qualifications for and responsibilities of a public official, including the following specific provisions: Florida Constitution Article II, Section 5a - Dual Office Holding Article II, Section 8 - Code of Ethics Article VI, Section 4 - Disqualification for Felony Conviction Florida Statutes (1987) Section 116.111 - Nepotism Section 112.311 - Legislative Intent and Declaration of Policy Concerning Code of Ethics Section 112.312 - Definitions Concerning Code of Ethics Section 112.313 - Standards of Conduct for Public officers and Employees of Agencies Section 112.3141 - Additional Standards of Conduct for Public Officers Section 112.3143 - Voting Conflicts Section 112.3144 - Full and Public Disclosure of Financial Interests Section 112.3145 - Disclosure of Financial Interests and Clients Represented Before Agencies Section 112.3146 - Public Records Section 112.3147 - Forms Section 112.3151 - Extensions of Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting Requirements During Meetings of Public Bodies I hereby certify that I am qualified to hold the position for which this application is made. Further, i hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of Sebastian may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, indicted or misdemeanor. · or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is informed against for the commission of any felony or N6tary Public, 'State of~Florida My Commission Expires: Notary Public..C. tate of Fioticla "-- ~y Commission Expires !Aarch 2~, 1993 5 AME: CITY OF SEBASTIAN APPLICATION TO SERVE ON CiTY BOARD Charles J. Veneziano 5. 6. 7. 8. 9. HOME ADDRESS: 13805 Indian River Drive~ Sebastian~ Florida 32~9.~8 HOME TELEPHONE: (h07). 589-0022 BUSINESS: C.J.V. Construction & Consulting:. Inc. 13805 Indian River Drive, Sebastian, Florida 32958 BUSINESS ADDRESS: P.O_~OY 6 V~r~ R~,~h~ ~l~ BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: (H07) 589-0022 RESUME OF EDUCATION AND EXPERIENCE: Attached (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. 15. 16. Voter registration no. Are you a resident of the City? Yes__ No X Length of Residency Do you hold a public office? Yes NoX Do you serve on a City Board at present? Nas No X PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: 8 Years in Sebastian *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve on this board? State Certified General Contractor CGC03~666 I Have been in the construction business for 15 years working in Broward County and Indian River County. - O V E R - Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No X 18. Would you consider serving on another Board other than the one(s) you selected above? Yes X No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board m~mber for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or.'permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. i hereby authorize the Sebastian Police Department to run an active warrant check on me. ... /,kl~pf.~§n~'~ si,~tu~e SWORN TO AND SUBSCRIBED before me this ~;' day of Notary Publ/-c, Sta~ of Flo.r, ida My Commission Expires: \ws-form\board.app CUSTOM HOMES - CUSTOM REMODELING · COMMERCIAL · INDUSTRIAL - CUSTOM HOMES. CUSTOM REMODELING · COMMERCIAL · iNDUSTRIAL · General Contractor C.G.C. 058666 (407) 589°0022 Personal Information Charles J. Venezlano SS. 267-37-4147 13805 N. Indian River Drive Sebastian, Florida 32958 407-589-0022 DOB. 08/04/56 Rent Home, 1.5 Years 221Caprol Avenue Sebastian, Fl. Rented Jan. 1981 to June 1988 President, Vice President, Treasurer Owner of Married, 12 Years 2 Children= Maryann 11, and Jesstca 8 Skate Certified Contractor CGC-038666 C.J.V. Construction & Consulting, Inc. P.O.Box 6, Veto Beach, Florida 32961 407-589-0022 April 1,1989 to Present C.J.V. Construction a Consulting P.O.Box 6, Veto Beach, Florida 32961 407-589-0022 January 1985 to March 31,1989 Sebastian Framing 221Caprol Avenue, Sebastian, Florida 32958 305-589-0022 January 1984 to January 1985 Education: Graduated Hollywood Hills High 1974 Broward Community College 1974 to 1976 Completed the following: 2 Years Accounting, Business Administration, 1 Year Advance Blue Print Reading I Year Survey Reading Dave Buster School of Construction 1985 P.O. Box 6 Vero Beach, FL. 32961 CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD HOME ADDRESS: BUSINESS: 5. BUSINESS ADDRESS: 6. BUSINESS TELEPHONE: 7. SOCIAL SECURITY NUMBER: /~ '- ~/~/ ~ 7 ~/ '7 8. DRIVERS LICENSE NUMBER: ~/ ~,~,~C ,~ ,- ~ - 6'/~ RESUME OF EDUCATION AND EXPERTENCE:~/~/~tI~'/~ ~'.//~-,- ~/~b (use-additi°n~ al~eet~s ~£ necessary or/submit resume if available) 10. Voter registration no. 11. Are you a resident of the City? Yes ~ No 12. Length of Residency / ~.~1~ 13. Do you hold a public office? Yes No ~ 14. Do you serve on a City Board at present7 ~es__ No_~ 15. PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT '~ CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ~ *CONSTRUCTION BOARD ' - PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? - 0 V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No 18. Would you consider serving on another Board other than the one(s) you selected above? Yes ~, No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance,,.misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant chock on me. ~p~'li6ant signta~u~ SWORN TO AND SUBSCRIBED before me this~r~j3'__ day of Notary P~iic, Stye of .Florida My Commission Expires: \ws-form\board.app 2 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 U ECT: Alt.rn,t. .mb.r - Ag.n a No. --'----' P & R Committee ) ) Dept. of Origin City Council ) ) ) Date Submitted: ) Approved For Submittal By: ) For Agenda Of: City Manager ) ) ) 06/12/90 06/27/90 Committee Application EXPENDITURE REQUIRED= AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the Regular City Council Meeting of April 25, 1990 the appointment of an alternate to the Parks & Recreation Committee was deferred to a later date until additional information from the staff or the attorney could be provided. I have reviewed Attorney Charles Nash's opinion of March 19, 1990 regarding dual office holding in which he opinions that: "generally, membership on a purely advisory type board is not an office for purposes of the dual office holding prohibition." Neither the Parks & Recreation nor the Handicapped Self-Evaluation Committee is authorized to expend public funds or, to my knowledge, to exercise in any manner any authority other than to serve in an advisory capacity. Therefore, it appears the City Council would not violate the dual office holding prohibition by the appointment of Harry DiSalvio (who is currently a member of the City's Handicapped Self-Evaluation Committee) as an alternate member to the Parks & Recreation Committee. RECOMMENDED ACTION Move to appoint Harry DiSalvio as an alternate member of the City of Sebastian Park & Recreation Committee for a three (3) year term. oard Applied CITY OF SEBASTIAN APPLICATION FOR BOARD APPOINTMEN,~ Name: ,warty M.J.. Di Salvio Date of Birth: 5]24/46 ...... Sex: Male Social Security Number: Note: Each question must be completely answered. If additional space is required, please attach additional sheet(s) and clearly identify the question to which you are responding. List all residential addresses for the past ten years, beginning with your present a~dress and working back in reverse chronological order. Please include your present residential telephone number. Present Street Address: 641 Braddock Street, sebastian Telephone: · 599-3 9"6 Present Mailing Address (if diffe~rent): Same Street Address: Di ..Salvio Twelve Oaks Farm Star Rt. 1 ' SOk 415 l.ori~a". Fi~ ..... Street Address: 805 Connell Avenue ~ y~a~n~- ~enn~vlvania . ~'19.0~0 Street Address: --.030 c~ Are you a registered voter in the City of Sebastiah? ~,. Yes Are you a registered voter in Indian River County? Yes Education High School: ¥~adon High School , Address: Bailey Road Ygadon~ ,~e~nsY~vahla' Date of G~aduation: .... 196,~ cOllege/University: ~¢mple university P~ila~'el~n.l~, Address: ...... North Board Street~ Major: ~man4ties/ Communicat~m~es Attended: ~g&5 -,lg~0 Degree Received: Address: Ma or: .. Degree Recelve~: '~ ' " ' ' Major: ~ Degree Recelve -- ~mplOyment for the pagt ten years, beginning List all employment activity d working back in reverse with your present position an r where chronological order. Please include the telephone numbe ..... tin .business hours. you can be con=acted du. 'gal AsSOCiate 'cal Director Indian River Cl~n~? ---~-nt to MediCal u~= ..... county Pre~n~r~ccupati~ :F l~r ~si~ian ~'~- ' Mailing Address. . · __ Phone. ~ E~ployment: 19n~ ' Date of . . . _. _.=~.. ~is ntCli~lc Administrator occupation. Employer: . h Fl 4 ~lino Address. . ~~~5584 Mailing Address: _ ~ Date of Employment: _,, ,, " Describe in detail all of your business or military experience which you believe is particularly applicable to the position you Please list all professional licenses which you hold (contractor, Name . · 7 91 Issuing AuthoritY: ~"' .... Date of Issuance: __ , ' 2 of License: ' ' Assistant/Issu&d&~ ~[~'t~r~e~nal Reg Issuing Authority: · '_ _' s 001821 Date of Issuance: ..... uate o~ Expiration: 12/3t~89 Please list t~e names of.all relatives who are presently employed by the City of Sebastian, serving on an ap~ointed Board of the City of Sebastian; or who are Members of the City Council. Have you ever been convicted of a involving theft or dishonesty? _ No. If yes, please indicate charge, name of of adjudication, and sentence. felony or a misdemeanor adjudicating court, date References Please identify two persons who can provide information as to your reputation in the community. N.a3~e: ~.m~'mim George. V, Schum ' S~reet Address- -_L~L~nor% ' ,..= ~,-. . ? ~ve. S~astian, 'Fla. Mailing Address (if different) Residence Telephone: 589-1.603 Bu~ines~ TelephOne: N~e: ~rn~ra Rerman M.D., Medical Director Indian River Count~ Street Address: ' th A~enue Veto Beach ~Ia. Mailing Address (if different). Residence Telephone: 569-424~ In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, other than present, or past employers, who can provide information concerning your reputation i~ the business N~e: Street~ddress " Mailing Address ( .......... Business Telephone: ....... Name: Street Address: Mailing Address Residence Telephone: BUsiness Telephone: Please provide a brief statement as to why you are seeking this aP~°~t~t6f the team who evaluates" 'the wants and needs of our c~,u~hnitys obz~ ~=k~ "~-' ~:~i~~ 'i~ ~-" --- gr~e-~ natura'± Ee~d~rse~-.'e; ......... and r ~¢cres _~ ;l:ac t~c~. I acknowledge that I have read the relevant sections of the Constitution and Laws of the State of Florida ~ertaining to the general qualifications for and res~nsibllities of a public official, including the following specific provisions: Florida Constitution Article II, Section 5a Article II, Section 8 Article VI, Section 4 Florida Statutes (1987) Section 116.111 Section 112.311 Section 112.312 Section 112.313 Section 112.3141 Section 112.3143 Section 112.3144 - Dual Office'Hol~ing - Code of Ethics - Disqualification for Felony Conviction - Nepotism ~' - Legislatiwe Intent and Declaration of Policy Concerning Code of Ethics - Definitions Concerning Code of Ethics - Standards of Conduct for Public Officers and Employees of Agencies - Additional Standards of Conduct for Public Officers - Voting Conflicts - Full and Public Disclosure of Financial Interests Section 112.3145 - Disclosure of Financial Interests _ Clients Represented Before Agencies Section 112.3146 Public Records' Section 112.3147 - Forms Section 112.3151 - Extensions of Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting ReqUirements During Meetings of Public Bodies ~I hereby certify that I am qUalified to hold the ~ositicn for which this application is made. Further, I hereby authorize the city of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqUalification or removal. I understand that the City Council of the City of Sebastian may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, 4 ~ncompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or-for a misdemeanor related to the duties of .his office or who is indicted or informed against fo~'-the commission of any felony or misdemeanor. ~% SW~ TO AND SUBSCRIBED before .me this ~. day of Notary Public, §t~te of F'~Orid~' My Commission Expires: NOTARy PUBLIC. STATE OF F'LOI~IDA'; MY COMMISSION EXPIRES: SEPT. ! 9. 1992'~ ,~ONDI~I~ ]tHRu NOY&R¥ PUB/.J~' Ul~D,~l~y~ll~r~l 5 SEBASTIA POLICE .D._EPARTME_NT Date Fr~n Subject january 22, 1990 Post Office Box 7 Sebastian, FL 32978-01 (407) 589-5233 Kathryn M. O'Halloran, City Clerk Detective Willie Render F~ BaCkground Investigation for ~application on Handicapped Self Evaluation Cc~ntittee - Harry M.J. DiSalvio 641 Braddock Street, Sebastian, Fl. 32958 PX #589-3886 Personal Reference: On 01/22/90 I spoke with George V. Schum who stated that he has known Harry DiSalvio for 5 or 6 years. He met him through church activity and social groups. He said Harry Got along very well with others and made new acquaintances easily. He also stated that Harry would make a very good board member for the Handicapped Self Evaluation Ccn~nittee. On 01/22/90 I spoke with Ms. Caylor who is Dr. Bernard Berman's secretary. She stated that she has known Harry DiSalvio for 3 years and met him through en~ployment at Clinical Associate. Ms. ~Caylor said Harry was a Good family man and a very good employee. Employment Reference: On 01/22/90 I spoke with personnel director Dimas Brumuder who stated that Harry DiSalvio was employed with Florida Co,,,~lnity Health Center from 1974 - 1979, rehired in 1980 - 1987. Excellent employee, dependable, excellent knowledge of work performed. Mr. DiSalvio was recu,,,~nded to be rehired. Mr. DiSalvio's social security number is D.O.B. 05/24/46. Negative on NCIC and FCIC. WR/jh City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 June 15, 1990 Department of Environmental Regulation Attn: Caroline Shine 3319 Maguire Blvd, Suite 232 Orlando, FL 32803-3767 Reference: Warning Notice OWN-AP-90-0175 Dear Caroline: Pursuant to our meeting with your department and .~ Environmental Resources Associates concerning the ~ violations at. City Hall, DER is recommending that t]~._ City of Sebastian be fine under scenario #2 in the amount of $4,200.00. The City staff will be forwarding this matter before the City Council on July 11, 1990 for their de]-iberation which, staff is recommending approval of your proposed settlement concerning the fine of $4,200.00. City staff will be also recommending that. language is placed in this settlement agreement indicating 'that the City of Sebastian is not admitting to any guilt concerning these violations but, due to the circumstances, it would be in the best interest for all parties to go ahead and agree with this settlement.. If you have any further questions, please do not hesita'te to call me at suncom 221-5412. Sincer , ' ~xrec~o'r-~of Comm]nity Development/ Building Official BC/gk shine.doc cc: Mayor and City Council City Attorney City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E M O R A N D U M DATE: TO: FROM: REFERENCE: 6-15-90 Robert S. McClary City Manager Bruce Cooper ~m~~" Director of Communit5- Develop DER Asbestos Violations Attached is a letter to Department of Environmental Regulation concerning City staff recommending to the City Council that the City of Sebastian enters into a settlement agreement concerning the violation fine of $4,200.00. Attached is a copy of a letter dated May 4, 1990 to Gill Bakshi with Environmental Resources Associates whereas, Mr. Bakshi agreed to reduce the total gross contract price of $6,445.00 by an amount, of $2,442.00 to cover the extraordinary period of time that A.J.T. & Associates had to perform while they were removing the asbestos from City Hall. Annex. This would have left an amount of $4,003.00 that would have been payment due to ERA provided that the Department of Environmental Regulation does not assess any fine against the City of Sebastian. Along with this agreement, I have determined that ERA has failed to perform certain requirements under our contract. Therefore, taking the $4,200.00 of the proposed fine and reducing the amount that the City will not pay ERA of $4,003.00, the City's total liability in this matter is $197.00. BC/gk derviol.doc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407*589-5570 May 4, 1990 CERTIFIED MAIL P254 659 855 Gill Bakshl, President Environmental Resource Associates, Inc. 14100 N. 46th St. feet, Suite V28 Tampa, FL ~3613 Reference: Asbestos Abatement Contract dated 3/15/90 City of' Sebastian Deal Mr. Bakshi: This letter will serve to confir, m our discussions concerning the reduction of the original contract price set forth paragraph 7 of the asbestos abatement con'tract. As you the gr'oss cuntr'aC% pr-ice of' $~.?0~,~ '~- s}~ll be a~odr reduced by the amount of additional cos~ %n~br. red by the City of Sebastian by the necessity of having A.J.T. & Associates, Inc. oD [~to job for an extraordinary period of time and the cost incurred by that consultant in an amoun% %otalling ~n 442 O0 This will also confirm that 'the gross purchase price shall be further reduced by the amount of any fine accessed against the City of Sebastian by any governmental agency, including the Florida Department of Envir-onmental Regulation, due to the failure of your company to comply with all federal, state, local, municipal and all other governing jurisdictions and authorities' laws, rules, r. egulations, statutes, ordinances, acts, orders and dir-ectives as required pursuant to paragraph 3 of the asbestos abatement contract. E.R .A. May 4, 1990 Page 2 Please kindly ~.ign the copy of this correspondence enclosed herewith indicating your' acknowledgment of the proviz, ions contained in this cor, rer-'pondence. A ~elf-addressed envelope is provided for your. convenience. Sincerely, CITY OF SEBASTIAN /.~'--: ~ ' .- ~-~'::~-e ' C~o p'~_ ~- BC/gk bak~ah i . doc AA~r-eed Upon and Ack,~owlec]ged by ,nr,,ental Resource By: __ Gill Bakshi, President ~.~ Asbestos Penalty Ca lc'ula{'io~ Worksheet violator Violator A.'- Economic Benefit Component (1) Actual cost, pr (2) Violation of anY or all requirements (wetting and packaging, .tlansporting ~and disposal) LF x 20 1703. SF.x' 20 Total Economic Benefit Gravity Component: No Notice No notice, but probable %ubstantive compliance (renovation or demolition) Late, incomplete, or inaccurate notice (does not apply to notices that are properly corrected prior to the notification deadlines in 61.146) (1) Notice submitted .after asbestos removal (2) Notice lacks both job locatiHn and asbestos removal starting and completion dates (3)Notice submitted while asbestos rem'oval is in progress · (4) Notice lacks either job location or Asbestos starting and completion dates (5) Notice lacks either a~bestos removal starting or completion dates, but not both (6) Amount of asbestos in notice is missin§, improperly dimensioned or for multiple facilities (7) Notice lacks any other required information (8) Demolition notice submitted late, but still prior to asbestos starting date (9) Total (1 + 2 + 3 (1) thru 3 (8)) DARM FORM ACE XXXX 29 (2) (3) Substantive violations: Units of friable asbestos containing material (Unit = 260 linear feet, 160 sq.uare feet or 55 cubic feet) Days of violatioh -% Removal, 61.147(a) Careful handling,'61.147(a) Wetting, 61.147(c) Matri'x amt. Z _..__ days Matrix amt. x days Matrix amt. x days (4) · Taking out in sections, 61.147(d) .... p~ng .... , ....... ..Matrix amt. x days H~tr~x am~.. ~ X ~ days = 35r1~_. (6) Handling carefully, .61.147(e){2) Matrix amt. .. x days (7) Use of dust tight chutes 61.147(e)(3) M~trix amt. .. x... days (8) 'Freezing temperatures, 61.'147'(f) Matrix amt. -- x . days = . (9) Emergency removals, 61.147(g) (10) Collection, packaging and transporting, 61.152(b) Matrix amt. x days .Matrix amt. 3500 x 1 (11) Disposal of Wastes, 61.15'2(a) Matrix amt. 3500 x 1 (12) Total 4 (1) thru 4 (9) Adjustment (Based on criteria in FDER Settlement Guideilnes for Civil the Florida/Region IV EPA Air Enforcement Agreemen=) Total penalty (A(3) + B3(9) + B4 (10) + C, not to exceed $10,000 per day, per violation Scenario #2 Contractor i~volved with only wetting violation' City Self Reporting days = 3500 days - 3500 .---~-- - ' 10,500 34,050 3,500 $37,550 -30- A(3) = 34,050 B(3) = -0- B4(12) +_C ~ 10,500 ~ C Scenario #1 Ail ACH from 3/29/job City Self Report -0- Contractor $44,550 -0- 7,oo6.oo . ' I 2,800..00 40% Self ReP0r~/ $4,200.00 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: June 13, 1990 Robert S. McClary City Manager Bruce Cooper ~~ Director of Community Developm Asbestos Violations On May 25, 1990 you received a warning notice from the Department of Environmental Regulation concerning alleged violations concerning asbestos removal for the north City Hall Annex Building. If you remember, I am the one that called DER to review the possibility of the asbestos contractor (ERA) violating certain state 'or federal regulations. Standard procedures with the Department of Environmental Regulation is to place the asbestos contractor on notice along with the owner of the property, to review the allegations and to determine whether or not one or both parties may be in violation. At the time it became apparent that the asbestos contractor was not performing in a workmanship like manner, the City hired an independent firm (A.J.T.) to basically babysit the asbestos contractor in the removal of the asbestos material. On June 14, 1990 at 9:30 a.m. I will be meeting with the Department of Environmental Regulation and with our consultants (A.J.T.) to insure that the Department of Environmental Regulation understands that the City did everything to the best of their ability to insure the contractor met its responsibilities under the requirements of our contract. Since this is an informal hearing with DER to determine what recommendations the department will forward to Environmental Protection Agency, I would recommend that only the consultant would participate in this meeting at this time. If for some reason the DER is going to recommend any kind of violation against the City~ then there will be an appropriate time to have the City Attorney step in. BC/gk asbviol.doc City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Resolution R-90-24 Amending Police Chief Job Description Approved For Submittal By: City Manager Agenda No. ~C;-/~ Dept. Origin City Manager Date Submitted 6/21/90 For Agenda Of 6/27/90 Exhibits Resolution R-90-24 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The current job description requires the Police Chief to reside in the City or within a five mile radius. No other employment classification -- including Police Officer, Sergeant, Investigator, or Lieutenant -- has such a requirement. During his tenure as Interim Chief, Mr. Petty's reside~c~ never interfered with his response to situations requiring his presence. Therefore, I recommend the City Council eliminate this requirement from the job description. RECOMMENDED ACTION Motion to adopt Resolution R-90-24 revising the job description of Police Chief in the City's Standard Operating Procedures. RESOLUTION NO. R-90-24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE JOB DESCRIPTION FOR THE OFFICE OF CHIEF OF POLICE; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter for the City of Sebastian, Florida, provides for the appointment of a Chief of Police; and WHEREAS, the 3ob description of the Chief of Police has been recently re-evaluated by the City Manager; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I. The 3ob description for the classification of Chief of Police, attached hereto as Exhibit "A" is hereby adopted. SECTION ii The City Clerk is hereby directed to supply a copy of this 3ob description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the city. The City Clerk shall note the number and date of this Resolution on said 3ob description. SECTION III. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION IV. This Resolution shall take effective immediately upon its adoption. The foregoing Councilman Councilman vote was as follows: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Robert McCollum Councilman Lonnie Powell Councilman Lloyd Rondeau Resolution was moved for adoption by . The motion was seconded by and, upon being put to a vote,the The Mayor thereupon declared this Resolution duly passed and adopted this day of , 19 CITY OF SEBASTIAN, FLORIDA by: W.E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: City Attorney CHIEF OF POLICE Ma4or Functions High%y responsible administrative and technical police work in the d~rection of personnel and activities of the Police Department. Work is performed with considerable independence and latitude in conducting police operations, but is subject to executive direction by the City Manager. Illustrative Duties: Plans, organizes, and directs all activities of the Police Department. Evaluates crime prevention and law enforcement problems of the city, develops effective police solutions, and adjusts departmental methods to meet new situations and to improve existing operations and effectiveness; Controls expenditures of departmental appropriations and prepares budget estimates; Supervises and participates in training of members of the department in police methods, procedures, and duties -- with particular attention to personnel at the administrative and supervisory level. Advises and assists police officers in non-routine criminal or other investigations, and personally participates in dealing with the more difficult police situations; Receives and handles inquiries and complaints. Attends public meetings to explain the activities and functions of the Police Department and to establish favorable community relations; Cooperates with all local, County, State and Federal agencies; and Performs related work as required. Knowledge, Abilities and Skills: Knowledge of the principles and practices of modern police science and administration. Knowledge of governing laws and ordinances. Knowledge of the standards by which the quality of police service is evaluated. Knowledge of the organization and functions of City departments and of County, State, Federal law enforcement, regulatory and licensing agencies. Ability to evaluate, plan, assign, direct, and supervise the activities of the department. Ability to establish and maintain effective working relationships with other City officials and the general public. Ability to express ideas clearly and concisely, orally and in writing. Knowledge of budgetary development, administration and control. Oualifications Education and ExDerienoe Graduation from an accredited four-year college or university with a major in law enforcement, criminology or a related field. Seven (7)' years experience in law enforcement including three (3) years supervisory management and administrative experience. Any equivalent combination of education, experience, and training may be considered. Special Requirements Possession of a valid Florida Driver's License. The individual must certified as a full-time police officer in accordance with minimum standards as required by the Florida Criminal Justice Standards and Training Commission ("CJSTC"); provided, however, a newly-hired Police Chief must be eligible for the aforementioned certification subject to completion of the police academy course of instruction required by CJSTC within a reasonable period of time after being hired. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (4O7) 589-557O SUBJECT: Chief of Police &pproved For Submittal By: city Manager~ L- ) Dept. of Origin City Manager Date Submitted: For Agenda Of: 06/21/90 06/27/90 Exhibits: - Letter of Agreement Dated June 14, 1990 - Memo To Mayor & City Council Dated 12/22/88 - Resume of Earle L. Petty, Jr. - Memo To Mayor & City Council Dated June 20, 1990 - Request From Councilman Rondeau To City Manager Dated June lB, 1990 - Memo To Robert S. McClary From C.L. Reynolds Dated June 8, 1990 - Letter To Charles L. Reynolds From Robert S. McClary, Dated May 5, 1989 - Letter From Councilman Rondeau Dated June 21, 1990 - Memo to Councilman Rondeau From Robert McClary Dated 6/21/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian city Charter requires the City Manager to appoint all employees, except Charter Officers, including the Chief of Police. Police Chief C. L. Reynolds has resigned effective July 18, 1990. It is my pleasure to announce that I have appointed, subject to City Council approval, Earle L. Petty, Jr. as Chief of Police effective not later than August 1, 1990.. It has been my practice to request concurrence of the City Council on department head appointments. RECOMMENDED ACTION Move to concur with the city Manager's appointment of Earle L. Petty, Jr. as Chief of Police. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 June 14, 1990 Mr. Earle L. Petty, Jr. Dear Earle: Please consider this letter as official confirmation of your appointment as Chief of Police for the City of Sebastian, Florida. I am presenting this letter to the Sebastian City Council at their Regular Meeting of June 27, 1990 for their concurrence. The details of your appointment are as follows: You are appointed Chief of Police, effective not later than August 1, 1990. We hope that you will be able to report to work sooner than August 1, 1990. Your salary at appointment will be $33,000 per year. On February 1, 1991, your salary will be increased to $35,000 per year. You will next be eligible for a salary increase at the next subsequent fiscal year beginning October 1, 1991. The City will contribute an amount equal to 5% of your salary to one of the approved retirement systems of the City. The City will reimburse your actual and necessary moving expenses to Sebastian up to a maximum of $3,500 provided you relocate to Sebastian within thirty (30) months from the date you report to work. In the event you elect to terminate your employment within one (1) year from date of moving to Sebastian, you are to reimburse the City on a pro-rata basis for the moving expenses as determined by the Finance Department. You are eligible for all normal and customary benefits afforded other department heads of the City of Sebastian, including, paid vacation, paid sick leave, paid health insurance (including family coverage), paid holidays and other benefits as outlined in the City Standard Operating Procedures. The City will pay your current premiums for health insurance for the first sixty (60) days of employment so you will have no lapse of coverage. You will be assigned a City vehicle for business use including commuting. Any required uniforms City expense. or equipment will be furnished to you at The City expects you to maintain an active interest in associations dedicated to professional development. Therefore, the City will pay for membership and travel expenses related to your participation in professional organizations as budgeted. However, you may be restricted to no more than one out-of-state conference per year. 10. As Chief of Police, you serve at the pleasure of the City Manager. Therefore, should your employment be terminated by the City Manager without cause you shall received sixty (60) days severance pay. Should you be terminated with cause, including but not limited to a conviction of any crime involving moral turpitude or should you lose your law enforcement certification from the State of Florida, you may not be eligible for severance pay. 11. You are to give a minimum of thirty (30) days notice of your intent to terminate employment with the City of Sebastian. Should you terminate your employment, you waive your right to any severance pay as outlined above. 12. The terms of this memorandum of understanding may be modified by mutual consent of both parties. 13. Due to the current requirement that the Chief of Police reside within five (5) miles of the City limits, your appointment is subject to a waiver of the requirement by the Sebastian City Council. 14. Since you had a physical examination, EKG and drug test on November 14, 1988, these requirements are waived. I trust the above accurately summarizes our understanding of your appointment to the position of Chief of Police for the City of Sebastian. We look forward to working with you. Robert S. McClary City Manager Accepted: Earle L. Petty, Jr. ~U (Date) City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589~5330 M E M 0 DATE: TO: FROM: RE: December 22, 1988 Mayor Richard Votapka & Members of City Council Robert S. McClary~ City Manager Chief of Police Appointment At the Regular Meeting of October 26, 1988, the City Council approved a recommendation on the appointment process for the Chief of Police. The recommendation included a seven step plan for the appointment of a permanent chief. Step one is an evaluation of the job description and the qualifications for the position and to amend the job description and relating compensation as appropriate. This, of course, would require City Council approval. We have recently completed an evaluation of the job description for the Chief of Police. The proposed description is a result of an analysis of similar positions for other Florida cities which we obtained from the Florida League of Cities. I have attached a proposed resolution adopting a new Job description for the position of Chief of Police. Our salary analysis for the position of Chief of Police suggests a starting salary range of $28,000.00 to $35,000.00 per year. This amount is based on the Florida League of Cities salary survey. In cities with a population range of five thousand to ten thousand the average salary range for a Police Chief is $26,130.00 to $33,426.00. In cities with a population range of ten thousand to twenty thousand, the average salary range is $31,159.00 to $41,083.00. Since the population of Sebastian is fast approaching the ten thousand mark, I feel a salary range of S28,000.00 to $35,000.00 is appropriate. There seems to be some question that interim Chief Earle Petty is to be excluded fr6m consideration for the position. This is not the case. In my opinion, Chief Petty would meet the minimum qualifications as outlined in the proposed description. At the time of his appointment as interim Chief of Police, Earle Petty was advised that he had no assurance whatsoever of being appointed to the position on a permanent basis. Prior to Mr. Petty's appointment, I had made a public statement that I would prefer to appoint an interim chief who was not interested in the permanent position. However, Mr. Perry's appointment was not conditioned upon his exclusion from competing for the permanent position nor did he ever state that he intended to be excluded from consideration. Mr. Petty will be appointed Chief only if he is the best qualified applicant. sam RESUME EARLE L. PETTY JR. PERSONAL: EDUCATION: Police Schools & Seminars: · ~. Detroit, Michigan Married; 3 ~hil~ren Attended University of Akron (Akron, Ohio) with a major in LaW Enforcement; Associate of Science Degree in Criminal Justice, Brevard Community college Homicide Investigation - Marper, Row, Publishers, Inc. Special Tactical Firearms school, FBI, Quantico, Va. Homicide Investigations, The Southern Polioe Institute Administrative LaW for Police Manager, Valencia Community College physical Anthropological and Forensic identification of Skeletal Remains, 18th District Medical Examiner~ office Basic investigation, Titusville Police Department In-Service Training Criminal Investigation, Brevard Community College Basic Standard Training Course (Certifica- tion), Brevard community College In-Service Training: outlaw Motorcycle Gang, BCS0 Police Career Development, Melbourne Police Academy Florida Robbery Training, Florida Robbery intelligence Unit Military Schools: 20 years of service schools and courses in military intelligence; interrogation techniques; U.S. and foreign weapons; military law; rules and regulations, plus on the job training. Certificates and diplomas for specific schools available upon request. 1970 to 1971 1968 to 1970 1967 to 1968 1966 to 1967 1965 to 1966 1962 to 1965 1959 to 1962 1958 to 1959 1955 to 1958 1953 to 1955 1953 Intelligence Sergeant, MACV SOG, Vietnam. Supervised an intelligence section and recon team conducting POW caputres and interroga- tion Senior enlisted advisor, 11th Special Forces Group, Boston Army Base, MasS. Intelligence Sergeant, 5th Special Forces Group, Vietnam, trained and supervised Viet- namese forces in intelligence operations and combat missions Instructor, Special Forces Underwater Swim- mers School, Key West, Florida Intelligence Sergeant, 5th Special Forces Group, Vietnam, Supervised a Special Forces "A" team working on project Phoenix, which had the mission of disrupting the VC politi- cal structure in South Vietnam Weapons Sergeant, 5th Special Forces Group, Fort Bragg, NC, trained and instructed in numerous types of U.S. and foreign weapons Platoon Sergeant, 24th Infantry Division, Germany, supervised a platoon of 44 men in all phases of infantry tactics and tech- niques Instructor, Airborne School, Fort Bragg, NC Squad Leader, Company A, 504th Airborne Regt, Fort Bragg, NC Squad Leader, Company C, 18th Infantry Regt, Germany Entered U.S. Army REFERENCES: Personal references and letters of commendation available upon request. AWARDS & ~OMMENDATIONS= Bronze Star with V-Device, four'awards; ~ Purple Heart, two awards; Combat Infantr man Badge, two awards; Joint Service Com- mendation; Army Commendtion Medal; Air Force Commendation Medal; Meritorious Service Medal; Vietnamese Cross of Gallantry with Silver Star; Master Parachutist Badge; Air Medal; Medal of Valor, Melbourne Police Department; numerous letters of commendation from Melbourne Police Department and Brevard County Sheriff Office EXPERIENCE: 1983 to 1988 1973 to 1983: 1973 to 1978 1978 to 1983 1972 to 1973 1971 to 1972 Brevard County Sheriff Office, Jail Administrator, holding Inspector's rank Melbourne Police Department, Melbourne, Florida Five years as patrolman in uniform division Detective in Homicide Division - Senior investigator, Major Crimes Additional experience with Melbourne Police Department: l) developed and served on SWAT team, 2) developed and served on Underwater Search and Rescue Team, 3) Field Training Officer for uniform division Operations Sergeant and senior drill instruc- tor, ROTC University of Akron, Ohio. Instruct weapons training and range firing, conduct dismounted drill, plan all weekly training and operations Intelligence Sergeant, 58th Inf Bn, Fort Benning, GA; Supervised 8 men doing security back-ground investigations for security clearances, supported Army CID unit in drug shake-downs and search and seizure operations in Bn area. Worked during off duty hours as post game warden. CiO' of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 ~EMORAND~ DATE: TO: FROM: RE: June 20, 1990 W.E. Conyers, May Sebastian city Council Robert S. McClary°~ Police Chief C.L. Reynolds' Resignation This is in response to questions Councilman Lloyd Rondeau has asked regarding the resignation of Police Chief C.L. Reynolds. A copy of Councilman Rondeau's memo is attached for your information. 1. Chief Reynolds resigned on June 8, 1990. His written notice was received on June 12, 1990 and is attached for your information. 2. Chief Reynolds' final day will be July 18, 1990. The conditions of Chief Reynolds' employment were outlined in a letter to him dated May 5, 1990 and required him to give the City a minimum of thirty (30) days notice of his intent to terminate employment with the City. Any voluntary termination on his part waives a sixty (60) day severance pay provision. A copy of the letter to Chief Reynolds is attached for your information. 3. Between the date of his resignation memo and his final day with the City are twenty five (25) working days and forty (40) calendar days. During this time, Chief Reynolds will take two (2) days of vacation on 6/21/90 and 6/22/90 and four (4) days of leave without pay while he attends the Florida Police Chiefs Association Annual Summer Training Conference, June 24 - 28. Re: Police Chief Reynolds' Resignation Page #2 4. During the period of June 8 - July 18 Chief Reynolds will work twenty five (25) days for which he will be paid gross income of $180 incentive pay, $3,173.09 in salary and $190.38 in employer contributions to the pension plan for a total of $3,543.47. 5. My plan on naming a replacement to chief Reynolds is to employ former interim Chief of Police Earle Petty. I hope this answers Councilman Rondeau's questions. However, I am available should you wish to discuss this or other matters with me. /jmt Attachment RECEIVED JU/ 1 REQUEST FROM COUNCILMAN RONDEAU DATE: TO: FROM: VIA: June 18, 1990 City Manager Robert McClary Councilman Rondeau~ Hand delivery: I would like to knowzZhe":eia~t ~a%e:~oI~ce:Chief Reynolds Resigned. I would like to know exactly how many days Chief Reynolds spent in Sebastian since that day and when will be his final Day. I would like to know exactly how much will be paid to Chief Reynolds from the day he resigned until his final day. Ail inclusive. I would like to know your plans for naming a person to replace Chief Reynolds until a permanent Police chief is named. C.C. Mayor and City Council. SEBASTIAN POLICE DEPARTMENT C.L. Reynolds, Chief of Police RECEiVED JUN 1 2 199D Office of the Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 June 8, 1990 MEHORAND UH TO: FROH: SUBJECT: Robert S. HcClary, City Hanager C. of Po 1 ice Termination of Employment It is with regret, tempered with gratitude for the past, that I must advise you of my intention to terminate employ- ment with the City of Sebastian effective July 18, 1990. I trust that you feel as I do that my tenure here has been a positive factor in the history of the Sebastian Police Department and that my contributions have been and will still prove to be beneficial to the City of Sebastian. During the ensuing five and a half weeks it is my intention to assist you and the City in every way possible to ensure a smooth transfer of leadership in the Police Department and to conclude those projects which we have discussed previously. Also, as already discussed, I will need to take two (2) days of vacation June 21 and 22 to participate in my son's wedding and five (5) training days to attend the Florida Police Chief's Association Annual Summer Training Conference June 24-28. Naturally, the actual costs of the latter will be absorbed at my own expense. This is. voluntary on my part in fairness to the City, considering my pending career change. Thank you for having given me this opportunity. Your tutelage and encouragement have been a great help to me. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 May 5, 1989 Mr. Charles Leighton Reynolds Dear Chuck: Please consider this letter as official confirmation of your appointment as Chief of Police for the City of Sebastian, Florida. I am presenting this letter to the Sebastian City Council at their Regular Meeting of May 10, 1989 for their concurrence. The details of your appointment are as follows: You are appointed Chief of Police, effective June 1, 1989. At that time, interim Chief of Police Earle Petty will continue to serve as a consultant 'to you in order to provide a smooth transition. Mr. Petty has agreed to serve until June 30, 1989. Your salary at appointment will be $32,000.00 per year. On December 1, 1989, your salary will be increased to $33,000.00 per year. You will next be eligible for a salary increase at the next subsequent fiscal year beginning October 1, 1990. The City will contribute an amount equal to 5% of your salary to one of the approved retirement systems of the City. The City will reimburse your actual and necessary moving expenses to Sebastian up to a maximum of $3,500.00. In the event you elect to terminate your employment prior to June' 1, 1990, you are to reimburse the City on a pro-rata basis for the moving expenses as determined by the Finance Department. Mr. Charles Leighton Reynolds May 5, 1989 Page #2 10. 11. 12. 13. You will be reimbursed travel expenses for an additional trip to Sebastian for the purpose of medical testing. You are eligible for all normal and customary benefits afforded other department heads of the City of Sebastian, including paid vacation, paid sick leave, paid health insurance (including family coverage), paid holidays and other benefits as outlined in the City Standard Operating Procedures. You will be assigned a City vehicle for business use including commuting. You are to maintain your residence within the City limits or within five (5) miles of the City limits within a reasonable time of your appointment as determined by the City Manager. Any required uniforms or equipment will be furnished to you at City expense. The City expects yOu to maintain an active interest in associations dedicated to professional development. Therefore, the City will pay for membership and travel expenses related to your participation in professional organizations as budgeted. However, you may be restricted to no more than one out-of-state conference per year. As Chief of Police, you serve at the pleasure of the City Manager. Therefore, should your employment be terminated by the City Manager without cause you shall receive sixty (60) days severance pay. Should you be terminated with cause, including but not limited to a conviction of any crime involving moral turpitude or should you lose your law enforcement certification from the State of Florida, you shall not be eligible for severance pay. You are to give a minimum of thirty (30) days notice of your intent to terminate employment with the City of Sebastian. Should you terminate your employment, you waive your right to any severance pay as outlined above. The terms of this memorandum of understanding may be modified by mutual consent of both parties. Mr. Charles Leighton Reynolds May 5, 1989 Page #3 I trust the above accurately summarizes our understanding of your appointment to the position of Chief of Police for the City of Sebastian. We look forward to working with you. Sincerely, City Man~ger Accepted: Charles Lei~hf6n ReFnoids (Date) TO: Robb McClary, CitY Manager ~ f% RE: Appointment of Earle Petty as Po'lice Chief DATE: June 21, 1990 It has been made public today that you hired Earle Petty as Police Chief on Sunday June 17th. I visited you in your office both Monday June 18th and a§ain Wednesday June 20th. Also on Wednesday the 20th, you kindly dropped by my house to deliver a letter in answer to my note to you of June 18th. At no time did you indicate to me, nor did you state in your letter of June 20th that you had already made a deal on June 17th to hire Mr. Petty. Your letter of June 20th does not clearly define Chief Reynolds' status while attending the Florida Police Chiefs Association Annual summer training conference June 24 - 28. During that period the City Council is scheduled to meet Wednesday June 27th. In my opinion the Chief should be required to attend,since the Police Chief matter is scheduled to be dis- cussed. Will Chief Reynolds be traveling in his City-issued car? The City SOP will need to be modified to meet Mr. Perry's residence requirement. I am sure that by now you have convinced the other City Council members to pass the required ordinance to alter the SOF, which I object to. I am utterly shocked to read in the Press Journal today that you have authorized Mr. Petty to use a City car for his daily commute between Eau Galle and Sebastian. You should be more protective and concerned for how you spend the taxpayers' ad-valorem tax dollars. cc: Mayor Conyers and Members of City Council Police Chief Reynolds City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570 DATE: TO: FROM: RE: MEMORANDUM June 21, 1990 Councilman Lloyd Robert S. McClary Appointment of Earle Petty, Jr. as Police Chief This is in response to your letter of June 21, 1990. I appreciate your concerns and respect your opinion and hope to answer your questions completely. I certainly did not intend to be evasive when you met with me in my office on Monday, June 18, and again on Wednesday, June 20th. I may point out that the letter of agreement between Mr. Petty and myself is not effective until ratified by City Council. Chief C. L. Reynolds' status while attending the Florida Police Chiefs Association Annual Summer Training Conference, June 24 - 28 is an "unpaid leave of absence". When I excused Chief Reynolds from the June 27th City Council Meeting I was unaware of your concern that he be in attendance. Chief Reynolds has traveled to the conference in his own private vehicle and not in a City owned vehicle. While Chief Reynolds is at this conference, Lt. David Puscher is acting Chief of Police. The job description for the Chief of Police currently contains a residency requirement. The City Council would have to waive this requirement or modify the job description by Resolution since Mr. Petty has not committed to moving to Sebastian within a set period of time. I advised Mayor Conyers and each member of the City Council, including you, of my intent to appoint Earl L., Petty as Chief. I assure you that I did not violate the City Charter or the Sunshine Law in any way in making my recommendations. Re: Appointment of Earle Petty, Jr. as Police Chief Page #2 I can assure you that I am concerned and protective for how tax payers' advalorem tax dollars are spent. The use by Mr. Petty of a City owned vehicle for his daily commute between his home and Sebastian is part of the overall compensation package and offer to Mr. Petty. I can assure you that the total compensation provided to Earle Petty is at or below the average compensation to Florida Police Chiefs in similar size communities. Again, I point out that the entire compensation package must be ratified by the City Council as addressed in my letter to Mr. Petty. I hope this answers your questions and concerns. Should you wish to discuss this matter further, I am available at your convenience. /jmt City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: General Development Unit 16 & 17 Approved For Submittal By= City Manager ~c__ ) ) Origin: City Manager Date Submitted: 06/21/90 For Agenda Of: 06/27/90 Exhibits~ - City Manager Memo Dated June 11, 1990 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT For over a year, officials of General Development Corporation ("GDC") and the City have discussed the possibility of the City assuming maintenance responsibilities for the public street and drainage improvements in Units 16 and 17, Sebastian Highlands. To date, these discussions have not resulted in a successful conclusion to the issue. Further, the matter is complicated by GDC's bankruptcy filing. The City is also being asked by property owners and residents of Unit 16 and 17 to address maintenance problems within these units. Since the City will ultimately be responsible for infrastructure improvements in these subdivisions, it is appropriate to continue to negotiate and hopefully to find a way for the City to assume responsibility. RECOMMENDED ACTION Discuss City Manager Report of June 11, 1990. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: June 11, 1990 W. E. Conyers, Mayor~ S,eb,astian City Council Robert S. McClary ~ {.~ General Development BACKGROUND For over a year the City and General Development Corporation ("GDC") officials have been discussing the City's acceptance of certain street and drainage improvements in units 16 and 17, Sebastian Highlands. On January 29, 1990 a conference was held in my office. Representing GDC at this meeting were: George Kulczycki, Jack O'Neil, Ralph (Cap) Cain and Roger Norton. Representing the City were: David Fisher, City Engineer and myself. On January 31, 1990 in response to our conference of January 29, 1990, I forwarded a memorandum to the Mayor and City Council which outlined a process by which the City could accept improvements in unit 17. By that time, GDC had withdrawn its request for acceptance of unit 16 improvements. On February 7, 1990 the City Council reviewed my recommendation at its Regular Workshop Meeting. At that meeting, a number of other issues were raised regarding GDC and the City. The matter was to be carried over to the February 14, 1990 meeting. However, at GDC's request, I withdrew the matter from the agenda in order to provide GDC more time to respond to our concerns. On February 20, 1990 I met with George Kulczycki and Ralph (Cap) Cain to review the city's concerns and requests. Re: General Development Page On March 7, 1990 I wrote GDC asking for their position and response to a number of questions. This was the last correspondence between the City and GDC. Shortly thereafter, GDC filed for protection from creditors under Chapter 11. On June 7, 1990, a meeting was held between the City of Sebastian ("City") and General Development Corporation. ("GDC"). Representing the City were Bruce Cooper, David Fisher and I. Representing GDC were Jack O'Neil, Ralph (Cap) Cain and George Kulczycki. The purpose of the meeting was to discuss the City's acceptance of street and drainage improvements constructed by GDC. If the City were to reach an agreement with GDC, the agreement would have to be submitted and ratified by the bankruptcy trustee since GDC has filed for protection under Chapter 11 in federal bankruptcy court. CITY MANAGER pOSITION Before I review the specific requests, I want to reiterate my position on several issues regarding units 16 and 17 and other 1979 contract provisions: 1. The City is not required to accept any street or drainage improvement in units 16 and 17 until all street and drainage facilities are complete and constructed to the standards mandated by the 1979 agreement. That agreement states, in part 14. General and City agree that when General completes construction of the roads and drainage facilities in Units 16 and 17 it shall submit them to the City for acceptance for maintenance by the City. The city therefore is not compelled pursuant to the terms of the 1979 agreement to accept any of the improvements until all improvements are completed, inspected and approved by resolution of the City Council. 2. GDC is responsible for the maintenance of all street and drainage improvements in unit 16 and 17 until accepted by the Sebastian City Council by resolution. 3. The City is not required to accept any improvement unless constructed to the standards established in the 1979. agreement. Re: General Development Page #3 4. The City is responsible for only properly aligned ditches and drainage structures in units 1 -15. GDC is responsible for correcting any improperly or mis-aligned ditches and drainage facilities in units 1 - 15, most noticeably is the "Wentworth" canal. ~,ECQMMENDATION The City may wish to pursue negotiations with GDC to accept maintenance responsibilities for streets and drainage structures in Units 16 and 17 in exchange of certain assets GDC owns in the community. Some of these assets may be: 1. Parks and "PS" tracts, including the final tract of Hardee Park and some 35 small tracts throughout the City which are zoned "PS". 2. Lot #4, Block 208, Unit 10, Sebastian Highlands as an addition to the Barber Street Sports Complex. Also, GDC may be able to effect a trade with the property buyer for the other lot needed at the Sports Complex - Lot 3, Block 208, Unit 10. 3. GDC's lot (s) necessary for Airport Drive East to connect from Main Street to airport property. 4. Tracts A, B, and D in Unit 13, Sebastian Highlands which are known as "the old swimming hole" and are adjacent to Stonecrop along the banks of the St. Sebastian River. 5. GDC's tracts in unit 17 which are used for drainage retention but not so designated on the plat. 6. The GDC warehouse property on Barber Street, located to the south of the Fire Station. 7. GDC owned property for additional right-of-way for an extension of Fleming Street from "Chesser's Gap" to intersect with South Easy Street within unit 16. 8. Schuman Lake including the "island" and property need for access from Kildare. 9. To ask GDC to upgrade the construction standards of South Easy Street in unit 16 by widening the pavement to 24 feet and constructing a bike path. Re: General Development Page #4 CONCLUSION I understand GDC's desire to transfer to the City the maintenance responsibilities for street and drainage improvements in units 16 & 17. The City is very concerned about GDC's lack of maintenance in units 16 and 17. We want to work with GDC to bring these facilities up to appropriate standards. However, the City needs appropriate trade - offs from GDC to justify the acceptance of street and drainage improvements in units 16 and 17. It is my hope to further refine the elements of a possible agreement with GDC, review any proposal with GDC, then to submit a plan and recommendations to the Mayor and City Council for review and action. /jmt CITY OF SEBASTIAN PARK SITE (PUBLIC SERVICE LAND USE) STATUS PLAT UNIT PARKS(PS) SHOWN ON CITY LU MAP PARKS (PS) DEDICATED ON PLAT PARKS SHOWN ON GDC MASTER PLAN STATUS SH-1 SH-2 SH-3 SH-4 SH-5 SH- 6 SH-7 SH-8 SH-9 SH-iO Tract A - Tract A None None - None None - Lake Hardee Pk. L.H. Park L.H. Park Lake Hardee - Lake Hardee Park Park 2.68 Ac. Tract None None - - Tract B - - Lot 9 Tract A - Tract A Tract C - Tract C Block 193 - Block 193 Tract A * - Tract A (Portion) Tract A - Tract A Tract B - Tract B Tract C - Tract C Tract D - Tract D Tract E - Tract E Tract F ** - Block 300 - Block' 300 Deeded Portion Deeded Deeded Deeded Deeded Diocese of Cen. Florida Deeded Deeded Deeded * Tract A in SH-9 platted in 2 parts ** Less Fire Station Park Site (Public Service Land Use) Status, (Cont.) Page -2- PLAT PARKS(PS) PARKS (PS) PARKS SHOWN UNIT SHOWN ON DEDICATED ON GDC CITY LU MAP ON PLAT MASTER PLAN ~TATUS SH-11 SH-12 SH-13 SH-14 SH-15 SH-16 SH-17 Tract A Tract B Tract C Tract D Tract E None Tract A Tract B Tract D Tract B Tract G Tract C Tract D Tract E Tract F Tract G Tract H Tract J Tract K Tract M Tract N Tract P Tract A Tract D Tract F Tract G Tract H Tract I Tract K Tract M Tract N None m m m m Tracts A Tract C Tract D Tract E Tract B Tract G Tract D Tract E Tract F Tract G Tract H Tract J Tract K Tract P Tract A m Tract H Tract I Tract K Tract M m m First Baptist Church Veto, Deeded m G.D.U. Ind. R. Christian Church Ind.R. County School PARK SITE (PUBLIC SERVICE LAND USE) STATUS, (CONT.) PAGE -'3- PLAT PARKS(PS) PARKS(PS) UNIT SHOWN ON DEDICATED ON CITY LU MAP PLAT PARKS SHOWN ON GDC MASTER PLAN STATUS SH-17 Tract O Tract Q Tract R Tract S Tract Q Tract R Tract S 49 Parcels 2 Parcels 38 Parcels 9 Deeds DATE: TO: FROM: RE: City of Sebastian POST OFFICE BOX 780127 - SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMO 31 January 1990 Robert S. McC!ary Dave Fi sher Z~/'~ LIST (DF STREETS PAVED TO DATE WITHIN UNIT 17 Following for your information and u~e is the subject list with approximate paved distances a~ of this date. OLD EXISTING STREETS BARBER ST. SCHL~ANN DR. FILBERT ST. }{INCHMAN NEBRASKA CIRCLE FRIAR CT. BRYANT CT. MELTON AVE. LANCASTER ST. KARRIGSN ST. LARCI~ONT TERRACE LANDOVER DR. REDGRAVE DR. JOY HAVEN CURTIS THUNDERBIRD DR. S. EASY ST. CAPRONA ST. EMPRESS AVE. MARSH ST. DAHL AVE. ORMAND CT. CAPRI AVE. 2300 8500 3900 2050 2550 1750 8O0 1550 1000 1000 3550 1000 1200 200 850 1150 1400 26OO 1900 8OO 1400 1000 2100 LF MORE PAVED STREETS IN UNIT 17 ENGLAR DR. O$C EOLh AE'INh ST. A[,I~I l RAL CIRCLE FLiI{'[' $'I'. LhHCE ~'I'. ~hBRY ~'I'. CRAWFORI) DR. ~PRING VALLEY AVE. 31 JhN 90 PG 2 OF 3 2000 800 1000 1900 700 200 3330 2300 1700 TOTAL 58. 480 LF 11.08 MILES NEWLY COMPLETED ROADS BIltBER SI'. 6750 ~il DWAY Cl'. 500 DR 1.9DAIIE gl'. 525 AI..t.'EA I.'R. 2050 AI,IIA~IBRA AVE. 1050 [.~U~AII 97'. 800 I.)UIICAN ST. 800 BRISTOl. ST. 2500 KEYSTt)HE b~. 1 frI'RATT(,N AVE. ]500 ARCAI,IA DR. 1800 'I'~ACY DR. 1050 Et. IPIRE TERRACE 3050 I.,(,I.'~I.A~S AVE. 1450 ATEIIENS CT. 200 I)ARI)EII CI'. 200 BIRTLE CT. ~50 ~I[.LER DR. 2400 PA L,[,3CI( ~'I'. 600 ,.II)~'I'INE DR. 1400 NA I.'I'Z AVE. 250 CAMILO CT. 250 DAY [',~. 4800 ALEXIS ST. 200 LF TOTAl, 35. 275 [,F ~- M ¢) Il E 6.67 MILES PAVED STREETS IN UNIT 17 JAN 90 ~ 'OF 3 STREETS NOT YET CONSTRUCTED TRACY DRIVE BRISTOL ST. EMPIRE TERRACE BRISBANE ST. ALHAMBRA AVE. ITHACA AVE. EMPRESS AVE. SPRING VALLEY AVE ALEXIS ST. GIRARD AVE. CHERRY CT. ARCHER ST. APPLEBERG SUNBURST T}{UNDERBIRD DR. CAPRONA ST. 1300 300 300 300 700 1300 1600 2,100 150 1600 800 1100 ~100 1200 4500 1000 LF TOTAL 19,650 LF = 3.71 MILES City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407~589-5570 MEMO DATE: 1~ JLINE 1990 TO: ROBERT S. MCCLARY FROM: LINDA KINCHE~C.Z~d:~,._..~ THROUGH: [)AVID FISHER RE: LIST OF STREETS PAVED TO [)ATE WITHIN UNIT 16 FOLLOWING FOR YOUR INFORMATION AND USE IS THE SUBJECT LIST WITH APPROXIMATE PAVED DISI'ANCES AS OF THIS DATE. OLE) EXISTING STREEI'S ENGLAR AVENUE 7500 KILDARE DRIVE 5000 HARRIS DRIVE 3000 LAPLAYA LANE 1500 INDIAN AVENI. I[ 6OO ALA HEDA AVENUE 1000 CARDINAL DRIVE 1400 HIGH COURT 1000 CONOVER AVENUE 1000 OGDEN AVENUE 1000 TOTAL 21,000 LF (4,0 MILES) NEW STREFTS: NONE STREETS NOT YET CONSTRUCTED S, EASY STREET MOHAWK STREET DOREEN DRIVE NORMAN DRIVE ORLANDO CIRCLE K. ARNEY [)RIVE LIBRA AVENUE DAYMAN AVENUE BALSA AVENUE 9000 2500 1600 2500 1600 1000 1500 1400 600 PAVED STREETS Itl UNIT 16 JUNE la, 1990 PG 2.OF 2 KIRBY COURT PRATT COURT HOLDEN AVENUE TYSON CIRCLE BECKER CIRCLE HUNT CIRCLE KASPER AVENUE AREGA STREET LEWIS DRIVE CYPRESS COURT BARBARA STREET BANKS AVENUE MARYLN STREET CHELLO AVENUE HICKORY DRIVE LACE LANE 700 700 900 900 1500 600 1300 2500 3~00 1600 laO0 laOO 4600 900 1700 500 TOTAL a6,100 LF (8.7 MILES) SUMMARY EXISTING STREETS NOT YET BUILT SH 16 4.0 MILES 8.7 MILES SH 17 OLD 11.1 MILES 3.7 MILES SH 17 RECENT 6.7 MILES TOTALS 21.8 MILES 12.4 MILES