HomeMy WebLinkAbout07111990JULY 11, 1990 CITY COUNCIL NORKSHOP
DOCUMENT LIST
The following is a list of backuR materials for each item in
the agenda packet and notation for those agenda items with no
backup.
7/11/90 Agenda
9. CONSENT AGENDA
A_~proval of Minutes
1. 6/27/90 Regular Meeting Minutes
11. COMMITTEE REPORTS/RECOMMENDATIONS
90.169
Emergency ~ement Committee - FPL Request to
use Community Center in event of a hurricane.
1. City Manager Recommendation dated 7/3/90
2. FPL Request dated 5/22/90
12. OLD BUSINESS
90.011
Report and Recommendation on DER Fine Re:
Asbestos Removal
1. City Manager Recommendation dated 7/5/90
2. Cooper letter to Environmental Resources
Associates dated 5/4/90
3. DER Worksheet
90.118
Report on Fees and Procedures for Contractors
Grandfathered under Ordinance No. 0-90-04
1. City Manager Recommendation dated 7/5/90
(Refer to Ordinance 0-90-04 passed 6/13/90
in previous package)
90.016
R_~ort on Golf Course Restaurant Bids
1. City Manager Recommendation dated 7/3/90
90.111
ae
Recommendation to Reshcedule ~ Hearings
1. City Manager Recommendation dated 7/3/90
2. Carol Carswell memo dated 6/2/90 w/attachment
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JULY 11, 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 Donald Swope, Sebastian
Presbyterian Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARINGL FINAL ACTION
8. PUBLIC INPUT
A. Non-Agenda Items
B. Agenda Items
9. CONSENT AGENDA
A. Approval of Minutes - June 27, 1990 Regular
Meeting
90.169
90.011
90.118
90.016
90.111
10.
11.
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
A. Emergency Management Committee - FPL Request to
use Community Center in event of a hurricane.
(City Manager Recommendation dated 7/3/90; FPL
request dated 5/22/90)
12. OLD BUSINESS
A. Report and Recommendation on DER Fine Re:
Asbestos Removal (City Manager Recommendation
dated 7/5/90; Cooper letter to Environmental
Resources Associates dated 5/4/90; DER Worksheet)
B. Report on Fees and Procedures for Contractors
Grandfathered under Ordinance No. 0-90-04
(City Manager Recommendation dated 7/5/90;
Refer to Ordinance 0-90-04 ~sed 6/13/90
in previous package)
C. Report on Golf Course Restaurant Bids
(City Manager Recommendation dated 7/3/90)
13. NEW BUSINESS
14. MAYOR'S MATTERS
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
16. CITY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
A. Recommendation to Reschedule Budget Hearings
(City Manager Recommendation dated 7/3/90; Carol
Carswell memo dated 6/2/90)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CiTY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
3
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= Community Center Use
Approved For Submittal Byt
city Manager ~~
Dept. of Origin City Manager
Date Submitted: 07/03/90
For Agenda Of: 07/11/90
Exhibits: - FP & L Request Dated
May 22, 1990
EXPENDITURE
REQUIRED:
~MOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Florida Power & Light has requested to use the Sebastian
Community Center in the event of a Hugo-type hurricane. This
request was reviewed by the Emergency Management Committee which
is recommending its approval.
RECOH~.~NDED ACTION
Approve the request of Florida Power & Light to use the Sebastian
Community Center in the event of hurricane.
I=I::)L
Box 460. FL Pierce FL 34954-0460
(407) 461-059(]/5R9-8911
C,,.~tomer Service Administration
(4O7) 489-62OO/589-7325
May 22, 1990
Mr. Robert S. McClary
City Manager
City of Sebastian
Post Office Box 780127
Sebastian FL 32978
Re: Sebastian Community Center
Dear Robb:
In reviewing our procedures for the upcoming hurricane
season, we had the benefit of the experiences of FPL
personnel who helped out in Hurricane Hugo last year.
While it is standard practice to prearrange for food
and lodging by contacting local establishments, it was
suggested that there might be the necessity of "mass
feeding" out-of-state crews in case if severe damage
such as was suffered during Hugo.
Since the Sebastian Community Center seems an ideal
solution because of size and location, please use this
letter as our request to utilize the Center in the event
of a Hugo-type storm. We will be happy to meet with you
to work out details before presentation to the City
Council.
Please call me at 407-589-7325 with question~ or to set
up an appointment.
Sincere ly,
Willis Irwin
Community Service Manager
an I~PL Group compooy
City of Sebastian
POST OFFICE BOX ?80127 cl SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
RECOMMENDATION CONCERNING PROPOSED FINE BY
THE DEPT. OF ENVIRONMENTAL REGULATION
CONCERNING ASBESTOS VIOLATION
Approved For Submittal By:
City Manager ~¢
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
) Agenda No. qO.
)
Department of Community
) Dept. Origin Development~
) (BC) ,'
Date Submitted
For Agenda Of
Exhibits:
07/0~,/90
07/11/90
Letter dated 05/04/90 from Bruce
Cooper
Asbestos Penalty Calculation
Worksheet
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On June 14, 1990, the Department of Environmental Regulation has recommended a fine be
assessed against the City of Sebastian in the amount of $7,000.00 concerning alleged
violations the City had committed concerning asbestos removal. The fine of $7,000.00
is being reduced by 40 per cent ($2,800.00) due to the City reporting to the Department
of Environmental Regulation, leaving a total of $4, 200.00 that is outstanding for the
City of Sebastian to pay. Attached is a copy of a .letter dated May 4, 1990, to Gill
Bakshi with Environmental Research 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 extra-
ordinary period of time that A.J.T & Associates (City's consultant) had to perform
while they were removing the asbestos from City Hall Annex. This would leave an amount
of $4,003.00 that would have been payment due to Environmental Research AssOciates
provided that the Department of Environmental Regulation does not assess a fine against
the City of Sebastian. Therefore, taking the $4,200. O0 of the proposed fine and
reducing the amount that the City will not pay ERA ($4,003.00), the City's total
liability in this matter is $197.00. Even though the City of Sebastian was the one that
called the Department of Environmental Regulation out to the job due to problems of the
asbestos contractor and the City doing everything in i~s ability to assure that this proj~
was done according to the rules and regulations of the State of Florida, I feel that it
is not in the best interest of the City to pursue this matter by the City Attorney.
Therefore, I would recommend that the city enter i'nto a settlement agreement with the
Department of Environmental Regulation and pay the total fine of $4,200.00.
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
May 4, 1990
CERTIFIED MAIL
P254 659 855
Gill Bakshl., Bret,'[,lent
Envi~.unraenta]. Resuu[~:e As:sociat..es.:, I. nc.
14100 N. .IGt'.f', St'.reeL, Suite V2¢
Tampa, FL 23613
Reference: Asbestos Abatemen't Contract dated 3/15/90
City of Sebaf:tian
Dear' Mr. Bakshi:
This letter will serve to .-:o,l.['irm our discussions concerning
the reduction .Df the original contract price set forth in
parr-~graph 7 o~ the asbestos abatement contract. As you
agreed, the g~,'os" cuntr'ac't price of $~5.00 slta].l, b~
reduced by the amount of additional co~n ~ncuL'-r-ed by the City
of Sebastian by the necessity of having A.J.T. & Associates,
Inc. on the job for an extraordinary period of time and the
cost incurred by that consultant tn an amount, totalling
$2,442.00.
This will also confir'm that the grogs 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 Environmental 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, regulations, statutes,
ordinances, acts, orders and directives as required pursuant
to paragraph 3 of the asbestos abatement con'tract.
o//
~.R .A.
Page '2
Plmaze kindly sign the copy of this correspondence enclosed
herewith indicating your acknowledgmen~t of the provisions
contained in this corresp~ndence. A self-addressed envelope
im provided for your convenience.
Sincerely,
CITY OF SEBASTIAN
Director ,Df C,pr(,mul%ity Dev~lopment
B _ / 9 k
baksh i . doc
Asbestos Penalty
Ca 1~6"~ ~ ~ ion W~rkSheet
Violator Environmental Resource Associates of Florida, Inc. Contractor
Violator__ of Sebastion,
A.~ Economic Benefit Component
(2)
Actual cost, or
Violation of anY or all requirements (wetting
and packaging, ~transporting .and disposal) .
LF × 20
1703 SF.x 20
(2) Total Economic Benefit
B. 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 locatio'n and
asbestos removal starting and
completion dates
(3) Notice Submitted while asbestos rembval
is in progress
(4) Not~ce 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 missing,
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 FORt-I ACE XXXX
29
(~)
(~)
(4)
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)
.Taking out in sections,
61.147(d)
,.,o. 6!'.!47(e)(1)
(6)
Matri'x amt. ~ x
Matrix amt. x ___
Matrix amt. X
(7)
(8)
..Matrix
days m .------
day.s
days'-
days
Handling carefully, ·61.147(e)(2)
Matrix amt. x
(9)
Use of dust tight chutes
61.147(e)(3)
Freezing temperatures,
61.147(f)
Emergency removals,
61.147(g)
Mhtrix amt.
Matrix amt.
days
Matrix amt.
(10) ColleJtion, packaging and
transporting, 61.152(b) .Matrix amt. 350___0 x
(11) Disposal of Wastes, 61 15'2(a) Matrix amt. 3500 x
(12) Total 4 (1) thru 4 (9)
C. Adjustment (Based on criteria in FDER Settlement
'' Guide£1nes for Civil ~enaltias which is ~nc!u~a ~n
the Florida/Region IV EPA Air Enforcement Agreement)
D. Total Penalty (A(3) + B3(9) + B4 (10) + C,
not to exceed $10,000 per day', per violation
x
Scenario #2
Contractor i6volved with only
wetting vi°lation·
City Self Reporting
A(3) - 34,050
B(3) = -0-
B4(12) +C = 10,500 ~ C
34,050
3,500
$37,550
days
x days
Scenario #1
Ail ACM from 3/29/job
City Self Report -0-
Contractor $44,550
1 days = 3500
1 days - 3500
~-.-~-" lO,5OO
.--O--
I '°°.'0°_ '.'
I 7,oo .oo '
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
REPORT CONCERNING PROCEDURES FOR
RECIPROCY OF INDIAN RIVER COUNTY
COMPETENCY CARD
Approved For Submittal By:
City Manager ~''
Agenda No. FO./
£-
/
Dept. OriginDept' of~Communit~ Develop-
(BC);.~L men t
Date Submitted
For Agenda Of
Exhibits:
07/25/90
07/1,!/90 ,,
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Due to some concerns on how the City is processing applications regarding "grandfa-
thering" of current Indian River County competency card holders, I have examined
Ordinance 0-90-04 and have changed the procedure as follows:
1. A one page application form will be created for "grandfather" competency cards.
2. A fee of $15.00 will be required.
3. Proof of an existing current Indian River County competency card and
County Occupational License. ~
4. Proof of Insurance.
5. Once items 1-4 have been completed, the application will be forwarded to the
Construction Board for issuance of a Sebastian competency card. for a fee of $30.00
which is renewed annuallF-ECOMMENDEDR
ACTION
no action required
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Golf Course
Restaurant Request
for Proposals
Approved For Submittal By:
City Manager
) Agenda NO. CliP, ~/~
)
)))) Dept. Origtn~
) Date SubmitL~Fd 7/3/90
)
) For Agenda Of 7/11/90
)
) Exhibits
) Published RFP
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMAR~ STATEMENT
At its May 23rd meeting, the City Council approved the Request
for Proposals for a Golf Course Restaurant and directed staff to
issue it. A legal notice was published in the Vero Beach Press
Journal, the Sebastian Sun, the Orlando s~.ptinel, and the Miami
Herald (state-wide edition). Additionally, copies of the RFP
were sent to individuals who had expressed an interest in leasing
the restaurant as well as to holders of City restaurant
occupational licenses.
The deadline to submit a proposal was Friday,
p.m. However, we received no proposals.
have identified four options:
June 29th at 2:00
At this juncture, I
(1) revise the time frame and
original RFP
re-advertise the
(2)
revise the time frame and RFP and
re-advertise
(3)
revise the time frame and re-issue the RFP
with no conditions
(4)
discontinue seeking a contractor and perform
the work in-house
RECOMMENDED ACTION
Select a course of action and direct staff to proceed.
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT: Public Hearing for
Budget and Mileage Rate
Approved For Submittal
City Manager
I
) Origin: Finance Department
)
) Date Submitted~ 07/03/90
)
) For Agenda Of: 07/11/90
)
) Exhibits: - Memo From Carol
) Carswell Dated June 29, 1990
) With Attachment
)
)
)
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRiATiON
REQUIRED:
SUMMARY STATEMENT
The City Council has previously scheduled September 5, 1990 and
September 12, 1990 for the required budget and millage rate
hearings. However, these dates conflict with the County's
Public Hearings and, by State Law, we must adjust our dates.
RECOMMENDED ACTION
Move to set public hearing dates for Budget and Millage rate for
Monday, September 10, 1990 and on Monday, September 17, 1990.
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
Date:
To:
From:
Re:
June 29, 1990
R~bert S. McClary, City Manager
Carol Carswell, Finance Director
Public Hearing Date for
Budget and Millage Rate
The Budget public hearings were listed on the Budget Calendar
as September 5 and September 12. These dates conflict with
the County's Public Hearings and, therefore, we must adjust
our dates.
We will have to set special meetings. The School Boards hearing
is September 11. The Jewish New Years (Rosh Haskonah) begins at
sundown on Wednesday, September 19 and goes through Friday,
September 21. We do not want to wait till the end of September.
I, therefore, suggest Monday, September 10 and Monday, September
17. These dates will give ample time in between for the proper
advertis~nent.
1990 - 1991 BUDGET CALENDAR
April
May 2
June
July
No Later Than
July 30
August i
August 11
September,KO
Sep~ember~6~/¥
sep~ember~,~
September 26
Ootober I
Regular City Council Meeting
Adopt Budget Calendar
Weekly Staff Meeting - Budget
forms to Department Heads
Department Heads present budget requests
to City Manager and Finance Director
County Property Appraiser certifies
ta×able value within jurisdiction of
the City
Finance Director advises Property
Appraiser of a), proposed millage rate,
b) current year rolled back rate and
c) day, time and place of first public
hearing
City Manager presents Proposed 1990-91
Budget to Mayor and City Council
City Council review of Proposed Budget
First Public Hearing - Budget
Council adopts the Tentative Budget and
Proposed Millage Rate.
Advertise Budget Summary and Millage
Rate and Notice of Final Public Hearing
in Vero Beach Press Journal
Final Public Hearing - Budget
Adopt Millage Rate Resolution and Budget
Resolution
Finance Director forwards copy of Resolution
adopting Budget and Millage Rate to Property
Appraiser and Tax Collector
Weekly Staff Meeting-Review Final Budget
New Budget goes into 'effect