HomeMy WebLinkAbout10141992 City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA
SEBASTI CITY CO CIL
REGULAR MEETING
WEDNESDAY, OCTOBER 14, 1992 - 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 - NO One Available
w
ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS ~__~__J~DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
PROCLAMATIONS AND_A~.__D~__RANNOUNCEMENTS
PUBLIC HEARING, FINAL ACTIO__N
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
92.221/
91.291
92.263
Please Note: Anyone wishing to speak is asked to go
t-~epodi-~ and state his/her name and address for
the record Prior to addressing the Council.
A ORDINANCE NO
' ~ 0-92-17 - Adopttnu Updated
Technical Code~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
TECHNICAL CODES; AMENDING SECTION 7-16 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR
THE ADOPTION OF UPDATED ADDITIONS OF VARIOUS BUILDING
CODES; AMENDING SECTION 7-35 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT AN
UPDATED EDITION OF THE NATIONAL ELECTRICAL CODE;'
AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN TO ADOPT UPDATED NEW FIRE
PREVENTION CODES; PROVIDING FOR A REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (1st Reading 9/23/92, Advertised Legal Notices
Sun 10/2/92, Public Hearing 10/14/92)
B. ~ N~0..0-92-22 - Amending Occu atio
~ees Zor Beauty/Barber Shops p nal
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO OCCUPATIONAL LICENSE
FEES; AMENDING SECTION 14-28 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO MODIFY
EXISTING OCCUPATIONAL LICENSE FEES FOR BARBER SHOPS
AND BEAUTY SHOPS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ,(1st
Reading 9/23/92, Advertised Legal Notices pj 9/29/92
[State Law Requirement 15 Days Prior] Public Hearing
10/14/92) ,
2
92.267
92.268
92.269
92.270
10.
11.
12.
13.
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA - All items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
Approval of Minutes - 9/23/92 Regular Meeting,
10/2/92 Workshop
Bid Award - City Council Chambers - Air
Conditioning - Palm Air, and Electric - $8,5~1
(Staff Recommendation dated 9/29/92, Bid
Tabulation Form)
Waiver of Bidding Procedure - Sole Source -
Ryegrass Seed Purchase - 5000 Lbs Marvelgreen
Supreme II - Sunbelt Seeds, Inc. of Norcross, GA
- $4,100 (Staff Recommendation dated 10/7/92, GC
Manager Memo dated 9/30/92, GC Superintendent
Memo dated 9/30/92, Sunbelt Seeds Letter dated
8/28/92)
Waiver of Bidding Procedure - Indian River County
School Board Bid Price - Fax Machine Purchase -
Ricoh Fax 3000L - EGP, Inc. - $2,700 (Staff
Recommendation dated 10/7/92)
PRESENTATIONS
MAYOR AND CITY COUNCIL MATTERS
A. Mr. George G. Reid
B. Mayor Lonnie R. Powell
C. Mr. Frank 0berbeck
D. Mrs. Carolyn Corum
E. Dr. Peter R. Holyk
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
Employee Recognition Banquet - December 5, 1992 -
Community Center (City Manager Recommendation
dated 10/8/92)
3
14.
92.271
15.
92.266
16.
92.272/
91.232
92.273
92.274/ #
91.071
COMMITTEE REPORTS/RECOMMENDATIONS
A. Cod_~e Enforcement Board
Recommend Amendment of Code Regarding
Automobile Parking (Staff Recommendation
dated 10/1/92, Code Enforcement Memo dated
9/22/92)
OLD BUSINESS
Request from George McCullers to Sell Christmas
Trees - Northeast Corner of U.S. i and Washington
Street - Verbal Report - Continued from 10/7~92
Workshop (Staff Recommendation dated 10/1/92,
McCullers' Letter dated 9/30/92)
NEW BUSINESS
A. ORDINANCE NO. 0-92-23 - Adopting and Enacting the
New Code of Ordinances (City Clerk Recommendation
dated 10/8/92, 0-92-23)
ls~ Reading, Set Public Hearing for 10/28/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A
PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING THE CODE OF ORDINANCES; AND
PROVIDING WHEN THE NEW CODE OF ORDINANCES AND THIS
ORDINANCE SHALL BE EFFECTIVE.
B. Wave Street Extension to Fleming Street (Staff
Recommendation dated 10/8/92 City Engineer dated
10/6/92) ·
Authorize Engagement of Gray, Harris, Robinson,
Kirschenbaum, and Peeples, P.A., and Hartman and
Associates, Inc. for General Development
Utilities Water and Wastewater Systems
Acquisition Legal and Engineering Services (City
Manager Recommendation dated 10/7/92, Hartman
Letter dated 8/28/92, Cloud Letter dated 10/6/92)
4
92.275
92.276
92.277/
92.090
92.278
Authorize Execution of Interagency/Public Works
Agreement - Indian River Correctional Institute
Inmate Labor Force (Staff Recommendation dated
10/7/92, IRCI Letter dated 9/22/92 w/ Agreement,
City Attorney Letter dated 10/2/92)
Clerical Staffing - Utilities and City Manager
(City Manager Recommendation dated 10/5/92)
Reimbursement of Insurance Premiums - Parity with
Bargaining Units (Staff Recommendation dated
10/2/92, Analysis)
Unlimited Time Status - Pay Plan (City Manager
Recommendation dated 10/5/92, Proposed Step Plan,
Salary Survey, Police Captain Job Description)
Eliminate Funding Citp Planner Position for FY 93
(Staff Recommendation dated 10/7/92, City Manager
Memo dated 10/5/92, City Planner Memo dated
10/6/92)
INTRODUCTION OF BUSINESS BY THE PUBLIC (WhiCh ks Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
92.280 A.
Tina Hawks - Request to Utilize Riverview Park
for Pet Fair (Staff Recommendation dated 10/8/92,
Hawks Letter dated 10/7/92)
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 VERBATI~ 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.)
5
ORDINANCE NO. 0-92"-L7
~N ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN R~VER
COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
TECHNICAL CODES; AMENDING SECTION 7-16 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR THE
ADOPTION OF UPDATED ADDITIONS OF VARIOUS BUILDING CODES;
AMENDING SECTION 7-35 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN TO ADOPT AN UPDATED EDITION OF THE
NHTIO1TAL ELECTRiCAL CODE;AMENDING CHAPTER 11 OF THE CODE
OF ORDINANCES OF 'THE CITY OF SEBHSTIAN TO ADOPT UPDATED
NEW FiRE pREVENTION CODES; PROVIDING FOR A REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; PROVIDING
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The city Council of the City of Sebastian has
determined that it is in the best interests of the City and its
residents to provide for updated technical codes, including
building codes, electrical codes, and fire prevention codes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 7-16 of the Code of Ordinances of the
City of Sebastian, Florida, is hereby amended by deleting the
existing Subsection (a) in its entirety and adding the following
new provisions in lieu thereof to read as follows:
"(a) The city does hereby adopt as building codes
for the City the below-listed additions of the Southern
Building Code Congress International, Inc. Three (3)
copies of which are on file in the offices of the
Community Development Department and which shall be
accessible to the public upon request during normal
business hours of the Community Development Department.
/,?' , C"
Such codes are hereby made a part of the Code of
Ordinances of the City subject only to specific
additions, deletions or amendments set out in the Code
of Ordinances.
(1) Standard Building Code, 1991 edition.
(2) Standard Mechanical Code, 1991 edition.
(3) Standard Gas Code, 1991 edition.
(4) Standard Plumbing Code, 1991 edition.,,
~. Section 7-35 of the Code of Ordinances of the
City of Sebastian, Florida, is hereby amended by deleting the
existing Section 7-35 in its entirety and adding the following new
provisions in lieu thereof to read as follows:
"Sec. 7-35. Adoption of National ~le~trical Code.
It is hereby adopted by reference the 1993 edition of the
National Electrical Code as published by the National
Fire Protection Association, subject to such additions,
deletions or amendments which may appear elsewhere in
this Article and except insofar as any such provisions
of the National Electrical Code, by their nature, could
have no application within the City."
~. Section 11-18 of the Code of Ordinances of the
City of Sebastian, Florida, is hereby amended by deleting the
existing Section 11-18 in its entirety and adding the following new
provisions in lieu thereof to read as follows:
- 2 -
-Sec. 11-18. Adoption of Fire Prevention Codes.
It is hereby adopted by reference the Standard Fire
Prevention Code, 1991 edition, as adopted by the Southern
Building Code Congress International, the National Fire
Protection Association (NFPA) Pamphlet 1, 1987 edition,
and the National Fire Protection Association (NFPA) 101,
Life Safety Code, 1991 edition, subject to only specific
additions, deletions or amendments set out in the Code
of Ordinances, and except insofar as such provisions, by
their very nature, could have no application in the
city."
Section .4- CONFLICT. Ail Ordinances or
Ordinances in conflict herewith are hereby repealed.
parts of
SeGt~on 5. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the city of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Seotion 6. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
- 3 -
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section....7. EFFECTIVE DATE. This Ordinance shall b~come
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Peter R. Holyk
Council member George G. Reid
Council member Carolyn Corum
The Mayor thereupon declared this Ordinance duly passed and
adopted this __ day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By-
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
- 4 -
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1992,
and that following said public--~ring this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, city Attorney
- 5 -
ORDINi%NCE NO. 0-92-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO OCCUPATIONAL LICENSE FEES;
AMENDING SECTION 14-28 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN TO MODIFY EXISTING OCCUPATIONAL LICENSE
FEES FOR BARBER SHOPS AND BEAUTY SHOPS; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILiTY CLAUSE; AND PROVIDING FOR ANEFFECTIVEDATE.
WHEREAS, The City Council of the City of Sebastian, Florida,
has determined that the existing occupational license fee schedule
for barber shops and beauty shops are not clear and are not
structured in the best interests of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SeCtion 1. Section 14-28 of the Code of Ordinances of the
City of Sebastian, Florida, is hereby amended by deleting the
current fee schedule for BARBER SHOP, BEAUTY SHOP, in its entirety
and adding the following new provisions in lieu thereof to read as
follows:
"BARBER SHOP, BEAUTY SHOP:
The business owner ......... 10.00
Each non-employee licensed barber. ~ i .... 10.00
Each non-employee licensed cosmetol, g st . . 10.00
Each chair/station .......... 1.85"
Section 2. CONFLICT. Ail Ordinances or
Ordinances in conflict herewith are hereby repealed.
parts of
Section 3. CODIFICATION. It is the intention of the city
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 4. SEVERABILITY. In the event a court of
competent Jurisdiction shall hold or determine that any p~art of
this Ordinance is invalid or unconstitutional, the remainder of
this Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon /ts adoption and shall ~ to all new
or renewal occupational licenses for the period commencing October
1, 1992.
The foregoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank 0berbeck
Council member Peter R. Holyk
Council member George G. Reid
Council member Carolyn Corum
2
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I ~EREB¥ CER?IF¥ that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1992,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 3 -
SUBJECT:
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE.(407) 589-5330D FAX(407) 589-5570
City Council Chamber) Agenda No.
Air Condintioning )
Approved for Submittal By:
City Manager ~
Dept. Origin
Date Submitted
ENG/P~
09-29-92
For Agenda of 10-14-92
Exhibits: Bid tabulation
EXPENDITURE AMOUNT
REQUIRED: $ 8,571. BUDGETED:
Four bids were received as indicated on the Bid Tabulation.
The apparent low bidder Sebastian Heat and Air Conditioning
did not meet the required specifications. Their proposal
was for the installation of two separate wall mounted units
with a 10 SEER. The next apparent low bidder was Climatic
Corporation of Vero Beach who did not meet the required
specifications by not providing a unit with a SEER rating
of 12 or better. The next low bidder was Reliable Air
Conditioning and they were unable to meet the
specifications by providing a unit with a SEER rating of 12
or better. The final bidder was Palm Aire and Electric and
they indicate that they can meet all the conditions of the
specifications by providing a condensing unit with a SEER
ratine of 12.6 or better and the work will include that
the air handler be located above the suspended ceiling in
the meeting room and that an electrical subfeed will be
upgraded to 115 AMP's with 125 Breaker and new 125 AMP W/P
subpanel. Therefore, upon the review of the proposed
systems by each bidder only one Palm Aire and Electric did
meet the requirements of the specifications.
RECOMMENDED ACTION
Move to award the bid for City Council Chambers Air
Conditioning Upgrade to Palm Air in the amount of $8,571.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE September 22, 1992 1:30 P.M.
CONTRACTOR/VENDOR
ITEM DESCRIPTION
Sebastian Heating & A/C
Climatic Corporation
Reliable A/C & Heating
Palm Aire & Elecric
A/C Council Chambers
A/C Council Chambers
A/C Council Chambers
A/C Council Chambers
$ 4,
$ 5,509.
$ 6,900.
$ 8,571.
NO OTHER BIDS WERE RECEIVED.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Waiver of Bidding
Procedure for Ryegrass
Seed Purchase
Approved For Submittal By:
City Manager
)
)
)
)
Agenda No.
Dept. Origin
Finance {LWN)
Date Submitted
10-07-92
lo-14-92
For Agenda of
Exhibits:
Memo from GC Pro Manager
Memo from GC Superintendent
Letter from Sunbelt Seeds
EXPENDITURE
REQUIRED: $4,100.00
AMOUNT
BUDGETED: $8~000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Golf Course Superintendent requests a waiver of the bidding procedure on the
purchase of five thousand {5,000) pounds of Marvelgreen Supreme II ryegrass seed.
Marvelgreen is a registered trademark brand available only through authorized
Lofts Seed distributors. The Lofts distributor is Sunbelt Seeds, Inc. of
Norcross, Georgia and the cost for five thousand {5,000) pounds of seed is
$4,100. Pursuant to city code section 2-64{j}, the city council may waive the
bidding procedure as bids shall not be required for items that are available as
a matter of commercial reasonableness from one source only. Adequate funds are
budgeted in the Golf Course Fund.
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and authorize the purchase of five
thousand (5,000) pounds of Marvelgreen Supreme II ryegrass seed from Sunbelt
Seeds, Inc. of Norcross, Georgia in the amount of $4,100.00.
City of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589,-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
September 30, 1992
R~bb McClary, City Manag~~
Jim DeLarme, Pro/Mana~e~
Seed Purchase Bid Waiver.[-
The Green's Superintendent would like to purchase Marvelgr
Supreme Ii to overseed our green's this year, (memo attach
and letter from Sunbelt Seed, Inc.).
I believe this merits a sole source purchase as stated in
Superintendent's memo and confirmed by the letter from Sun
Seeds, Inc.
I hope this meets with your approval.
DATE:
TO:
FROM:
RE:
City of Sebastian
POST OmC£ .Ox 7.0~7 ~ SE~^ST,^.. ~LO.,D^
32~!~ -0 ~. ii.,
t~ ~ ~,"
TELEPHONE (407) 58~30 ~ .~ ~ :
FAX ~7-58~5570 ~ . ~'
September 30, 1992
Jim DeLarme, Pro/Manager
Chris McCarthy, G.C.S.
Waiver of Bid Procedure for Seed Purchase
I would like to waive the bid procedure to purchase 5,000
pounds of Marvelgreen Supreme II ryegrass. This is a sole
source product sold only by Lofts Seed or its authorized
distributors. This seed will be used to overseed the greens.
Sunbelt Seeds from Norcross, Georgia is the authorized dis-
tributor for Marvelgreen brand.
The total cost for this purchase will be $4,100.00. I have
enclosed a letter from Sunbelt Seeds, Inc. for your perusal.
P.O. Box 668, Norcross, Georgia 30091 (404) 448-9932
August 28,1992
Chris McCarthy
Golf Course Superintendent
c/o Sebastian Golf Course
P.O. Box 780127
Sebastian, Florida 32978-0127
Dear Chris,
This letter is to confirm that "Marvelgreen" is a registered
trademark of Lofts Seed, Inc. It is sold only by Lofts Seed
its authorized distributors. Sunbelt Seeds is owned by Lofts
and is the only authorized distributor of "MarYelgreen" brand
products or its varieties in Florida. In addition the ryegra
varieties Palmer II, Prelude II, and Repell II are plant vari
ety patents held by Lofts Seed and sold only by them or their
distributors.
If you have any further questions please feel free to contact
me.
Florida Sales Manager
Sunbelt Seeds, Inc.
City of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: Waiver of Bidding
Procedure for Fax
Machine Purchase
Approved For Submittal By:
City Manager Y~'~q/~'"~
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
Exhibits:
Finance.,(LWN]
10-07-g2
10-14-92
EXPENDITURE
REQUIRED: $2,700.00
AMOUNT
BUDGETED: $2,700.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Capital Improvements Fund contains $2,700.00 for the purchase of a Ricoh Fax
3000L. EGP, Inc. was awarded the bid for this fax machine by the Indian River
County School Board at a cost of $3,995.00. The Savin Fax IV previously used
was almost four years old and used the chemically treated rolls of paper which
are soon to be taken off the market by the EPA. EGP allowed a $1,295.00 trade
in for this machine leaving a purchase price of $2,700.00. The new fax machine
operates as a laser printer using plain copy paper. Pursuant to city code
section 2-64(j), the city council may waive the bidding procedure on specific
contract for good cause.
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and authorize the purchase of a Ricoh
Fax 3000L from EGP, Inc. in the amount of $2,700.00
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
SUBJECT: Employee Recognition )
Banquet )
Approved for Submittal By=
Agenda No.
Dept. of Origin: City Manager
Date Submitted 10/08/92
· or Agenda Of: 10/14/92
Exhibits=
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUNNARY STATEMENT
The fiscal year 1993 budget provides an appropriation of $3,500
for an employee incentive program. These funds are used for a
number of programs to recognize the accomplishments and service
of City employees. In the past, the city has spent up to $30.00
per employee for a Christmas Party. This year, I propose an
allocation of $10.00 per employee to go toward an employee
recognition banquet. At this event, the City will present
service awards and "Employee of the Quarter" and "Employee of the
Year" awards. The employees'guests, any entertainment, and any
alcoholic beverages would be provided by the employee or through
donations and would not be at City expense. In the past, these
events have taken place at private facilities. This year, I am
requesting use of the Community Center on December 5, 1992. Ail
regular full-time and part-time employees (including members of
the City Council) would be invited to this event.
RECOMMENDED ACTION
Move to approve the employee recognition banquet with an
allocation of $10.00 for each employee and approve the use of the
Community Center including alcoholic beverages for December 5,
1992. Any expenses for the employees; guests, entertainment, or
alcoholic beverages would be provided solely by personal funds.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT= CODE ENFORCEMENT BOARD
REPORT RECOMMENDING AN AMENDMENT
TO THE CODE REGARDING STORAGE OF
AUTOMOBILES
Approved For
City Manager
Agenda Number=
Dept. Origin: Community Development
(BC~
Date Submitted: 10/.~./92
For Agenda Of,
Exhibits:
1. Memo dated 9/22/92 frog the Code
Enforcement Board Secretary
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED,
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
The Code Enforcement Board believes that an ongoing problem of having
vehicles parked obtrusively anywhere on residential lots can be corrected
by'amending the parking and storage of automobiles section of the code to
allow parking only in designated areas which are driveways or paved
parking lots.
Staff has concerns regarding this proposal for the following reasons~
The Land Development Code allows the parking of R.V's (motor homes,
trailers and boats) anywhere on a residential lot providing the R.V.
is placed behind the front building line. The proposal would allow a
36' motor home in the side or rear but not an automobile.
Even though most new homes have concrete' driveways, the- Land
Development Code does not require single family driveways on private
property to be paved or concrete. Under this proposed amendment,
residents would have to pave or concrete the sides and rear yards to
have additional parking.
How would the ordinance provide and be enforced to allow temporary
parking of non-paved areas for the residents to allow guests and
family members that are visiting.
If the City Council is inclined to adopt this amendment, staff would
recommend that this item be reviewed by the Planning & Zoning Commission
for any additional comments.
RECOMMENDED ACTION
Review the request from the Code Enforcement Board.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
HEMORANDUM
DATE:
TO:
THROUGH:
FROM~
REFERENCE,
September 22, 1992
Mayor Lonnie Powell & City Council
Bruce Cooper
Director of Community Development
Gerry Kubes, Secretary ~
Code Enforcement Board
Parking & Storage of Automobiles
At its regular meeting of September 16, 1992,
Enforcement Board discussed the above reference
ordinance to be recommended to the City Council.
was made by Mr. Gllliams, seconded by Vice Chairman
to read the following:
the Code
proposed
A motion
Fischer
The board believes that an ongoing problem of having
vehicles parked obtrusively anywhere on residential lots can
be corrected by amending the parking and storage of
automobiles section fo the code to allow parking in only
designated area which are driveways or paved parking lots.
The motion was carried with a 4-1 vote.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: REQUEST FROM GEORGE
MCCULLERS TO OPERATE THE SALE OF
CHRISTMAS TREES
Approved For Subm~
City Manager
)
) Dept. Origin: Community Development__
)
(BC
Submitted: 10/01~92 ~-~
) Date
)
) For Agenda Of:
)
) Exhibits:
) 1. Letter dated 9/30/92 from George
) McCullers Jr.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. George McCullers, Jr. is requesting permission from the City to
operate a temporary retail sale of Christmas trees located on the
northeast corner of U.S. #1 and Washington Street. The proposed site will
accommodate a 40 x 60 tent, portable toilet facilities, adequate parking
and proper lighting. This property is vacant with no established business
therefore, the request to place a tent and portable toilet facilities to
operate this business venture should be approved by the City Council.
Staff feels that this temporary business would provide a needed service to
the City of Sebastian residents and would have no'objections subject to
the following:
1. The applicant must obtain an Occupational License.
2. An electrical permit by a licensed electrician shall be issued and all
related work shall be inspected.
3. Portable toilet facilities shall be provided.
4. Off-street parking shall be provided on the lot.
5. All materials shall be removed and the property be cleaned to its
original condition prior to January 30. 1993.
Page 2
RECOMMENDED ACTION
Move to approve the reguest from George McCullers for a temporary
Christmas tree sale located on the corner of U.S. #1 and Washington Street
subject to the following:
1. The apRlicant must obtain an Occupational License.
2. An electrical permit by a licensed electrician shall be issued and all
related work shall be inspected.
3. Portable toilet facilities shall be provided.
4. Off-street parking shall be provided on the lot.
5. Ail materials shall be removed and the property be cleaned to its
original condition prior ~o January 30, 1993. ~
SEPT 3~'), 1992
CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN~ FL
RE: CHRISTMAS TREE SALES IN SEBASTIAN
,.,..r ,, :i.'
TO WHOM IT MAY CONCERN,
AFTER A BRIEF CONVERSATION WITH MR. BRUCE COOPER WE AT
RELIABLE SERVICES ARE ASKING FOR YOUR PERMISSION TO ENGAGE
IN A TEMPORARY VENTURE IN THE CITY OF SEBASTIAN. WE PLAN
ON SELLING HIGH QUALITY CHRISTMAS TREES AND OTHER TREE
RELATED ITEMS ON THE CORNER OF U.S. I AND WASHINGTON
STREET. WE HAVE BEEN INVOLVED WITH SIMILAR VENTURES IN
VERO~BEACH IN THE PAST FEW YEARS.
THE PROCEDURES ~OR THE RETAIL SALES AND THE STORAGE
THE TREES WITH BE HANDLED IN A PRO~ESSIONAL MANNER. WE]
WiLL PROVIDE PORTABLE TOILET SERVICES, ADEQUATE PARKING,
PROPER LIGHTING AND A 40' X 60' TENT WILL BE SET UP BY A
REF'UTABLE TENT INSTALLATION COMPANY. THE TREE SALE WILL
START ON NOVEMBER 27, 1992 AND LAST UNTIL. CHRISTMAS EVE.
I UNDERSTAND FROM BRUCE COOPER THAT THIS TYPE OF
OPERATION HAS NEVER BEEN ATTEMPTED IN THE CITY LIMITS OF'
SEBASTIAN BE~ORE~ IF WE COULD BE PROVIDED AL[_ NECESSARY
GUiDELINES~ RULES AND A LIST OF PROPER PERMITTING NEEDS
FOR THiS VENTURE IT WOULD BE GREATLY APPRECIATED.
IN SUMMATION, WE FEEL THAT A HIGH QUALITY PRODUCT []AN
BE PROVIDED AT A MODEST PRICE WITHOUT THE NEED TO DRIVE TO
VERO BEACH FOR THE SAME. WE ALSO CAN PROVIDE DELIVERY
SERVICES FOR THOSE IN NEED OF THAT TYPE ASSISTANCE.
S I NCERELY,
GEORGE ~cCULLERS
VICE- PRESIDENT
RELIABLE SERVICES
SUBJECT:
Ordinance No. 0-92-23
Adopting and Enacting the
New Code of Ordinances of
the City of Sebastian
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN,.FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
/
)
/
APPROVED FOR SUBMITTAL BY:
City Manager:
Dept. Origin
Date Submitted
For Agenda Of
~ Clerk ~6~
10/8/92
10/14/92
Exhibits: Ordinance No. 0-92-23
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Alyce Whitson, Supervising Editor, Municipal Code Corporation,
conducted, at my request, a comprehensive editorial analysis of the
City of Sebastian Code of Ordinances in 1990. The analysis was then
submitted to the City Attorney's office for review for possible
amendment to the existing City Code. On May 13, 1991, the City
Attorney's office completed its review and submitted responses to the
analysis. City Council, at its August 28, 1991 Regular Meeting,
authorized Municipal Code Corporation to proceed with the
recodification.
Following meetings between Alyce Whitson, the City Attorney, and
myself, and several revisions later, I am pleased to present you with
the "new" Code of Ordinances along with its adopting Ordinance No.
0-92-23. Please read the Preface for a brief description of the
Chapter and page numbering system.
RECOMMENDED ACTION
Approve Ordinance No. 0-92-23 on first reading and set the public
hearing for October 28, 1992.
ORDINANCE NO. 0-92-23
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A
PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING THE CODE OF ORDINANCES; AND
PROVIDING WHEN THE NEW CODE OF ORDINANCES AND THIS
ORDINANCE SHALL BE EFFECTIVE.
WHEREAS, the City Council of the City of Sebastian has
determined that it is in the best interest of the City and /ts
residents to update its current Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. ADOPTION OF NEW CODE OF ORDINANCES. The Code
entitled "Code of Ordinances of the City of Sebastian, Florida",
published by Municipal Code Corporation, consisting of Chapters 1
through 110, each inclusive, hereinafter referred to in this
Ordinance as the "Code", is hereby adopted.
SECTION 2. REPEAL OF PRIOR ORDINANCES. Ail ordinances of a
general and permanent nature enacted on or before July 8, 1992,
and not included in the Code adopted by this Ordinance, or
recognized and continued in force by reference_in the Code, are
hereby repealed.
SECTION 3. NON-REVIVAL O_~F ORDINANCES. The repeal of prior
ordinances provided for in Section 2 of this Ordinance shall not
be construed to revive any ordinance or part thereof that has
been repealed by a subsequent ordinance that is repealed by this
Ordinance.
SECTION 4. PROVIDING FOR A PENALTY. Unless another penalty
is expressly provided in any ordinance hereinafter adopted or
expressly provided in the Code, every person convicted of a
violation of any provision of the Code or of any ordinance, rule
or regulation adopted or issued in pursuance thereof, shall be
punished by a fine not exceeding $500.00 or imprisonment for a
term not exceeding 60 days or by both such fine and imprisonment.
Each act of violation and each day upon which any such violation
shall occur shall constitute a separate offense. The penalty
provided for in this Section, unless another penalty is expressly
provided, shall apply to the amendment of any section of the
Code, whether or not such penalty is re-enacted in the amendatory
ordinance. In addition to the penalty prescribed in this
Section, the City Council of the City of Sebastian may pursue
such other remedies, including, but not limited to, abatement of
nuisances, injunctive relief, and revocation of licenses or
permits.
SECTION 5. FUTURE ADDITIONS AND AMENDMENTS. Additions or
amendments to the Code when passed in the form as to indicate the
intention of the City Council of the City of Sebastian to make
the same a part of the Code shall be deemed to be incorporated in
the Code so that reference to the Code include the additions and
amendments thereto.
SECTION 6. RECENT ORDINANCES. Any ordinance adopted after
July 8, 1992, that amends or refers to ordinances that have been
codified in the Code, shall be construed as if they amend or
refer to like Drovisions of the Code.
SECTION 7. EFFECTIVE DATE. This Ordinance and the Code
shall become effective immediately upon the adoption of this
Ordinance.
The foreuoing Ordinance was moved for adoption by Council
member
Council member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Peter R. Holyk
Council member George G. Reid
Council member Carolyn Corum
The Mayor thereupon declared this Ordinance duly passed and
adopted this ... day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By-
Lonnie R. Powei1, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(S E A L)
3
i HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of ,
1992, and that following said public hearing this Ordinance was
passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk ~
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT=
STAFF'S REPORT REGARDING WAVE
STREET
Approved For Submitta~By=
Dept. Origin, Communi[¥ Development
Date Submitted= 10/08/92
For Agenda Of, .1~[~4~92
Exhibits=
1. Memo dated 10/06/92 from City
Engineer
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED,
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
City Council requested staff to review the possibility of connecting Wave
Street to South Fleming Street within Chesser's Gap Subdivision. The City
Engineer has determined %hat the existing 50 foot right-of-way of Wave
Street can be continued to South Fleming Street which would necessitate
approximately 340 feet (in length) of property from Chesser's Gap
Subdivision.
The City Manager, City Engineer and myself met with Dr. Fischer, partner
of Sebastian General Partnership, regarding the development and
construction of Wave Street to South Fleming Street. Dr. Fischer's
initial response was to sell the property at $1.25 per square foot (340 ft
x 50 x $1.25 - $21,250.OO). This price was determined recently to be fair
market value by Indian River County. After reviewing the benefits to the
community as well as his project, Dr. Fischer agreed to donate the
property, provided the City construct the street segment in a timely
manner.
Attached is a memorandum from the City Engineer indicating an approximate
cost of $24,$00.00 to construct this roadway segment. After looking at
Page 2
the City's overall circulation plan and discussing this item with our
consultant, Kimley-Horn, staff would recommend the City proceed with the
construction of Wave Street. Staff would also advise the City Council
that the subdivision owners and the City would request impact fee credits
from Indian River County for this project.
RECOMMEN,DED ~CTION
Move to authorize the City staff to finalize negotiations with Sebastian
General Partnership to obtain the additional right-of-way for Wave Street
and to proceed with the engineering in house by the City Engineer.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE; October 6, 1992
TO:
FROM:
Robert McClary
City Manager ~
Daniel C. Eckis, P.'
City Engineer/Public Works Director
RE: Wave Street
As requested the cost estimate for the extension of Wave
Street for 24 feet of pavement, 340 feet long would be
approximately $11,000. The cost includes construction
stake out, rough grading, 8" of stabalized base, 6" of
limerock and 1 1/2" of asphalt. If curbing were to be
included add approximately $4,000.
Without a design to determine drainage cost, I would estimate
approximately $9,000. Please note that this does not include
a survey of the property or proposed right of way boundary
that would be necessary. The cost for this survey should not
exceed $500.
Therefore, it is anticipated that the construction of Wave
Street with surveying, curbing and all design work done in
house that the cost should not exceed $24,500.
wave.doc
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT=Water & Sewer -
GDU Negotiations
Approved for Submittal By:
City Manager
Agenda No. qJ. q,//q. I' o 71
Dept. of Origin= City Manager
Date Submitted 10/07/92
For Agenda Of= 10/14/92
Exhibits: - Hartman Ltr. dated
08/28/92
-Cloud Ltr. dated 10/6/92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEM~,~,
The City is currently negotiating with General Development
Utilities ("GDU") for the acquisition of the GDU Water and
Wastewater Systems within the City. The effect of the
acquisition would not only to be to purchase the physical
facilities owned by GDU but also to terminate the GDU Franchise
covering all seventeen units of the Sebastian Highlands and which
has a remaining time period of approximately nineteen years.
Considerable engineering and legal work is necessary to effect
the acquisition of the systems and termination of the franchise.
Included in engineering would be analysis associated with
developing a finance plan in obtaining necessary capital,
preparing rate and charge studies, establishing tariff,
establishing policies and procedures, establishing rules and
utility standards, providing policies and procedures, .providing
technical services in the transition of the facilities and in
filing applications with the Farmers Home Administration for
grant or loan financing. Additionally, legal work for
negotiations, preparation of a purchase and sale agreement,
closing the sale and providing title insurance are necessary
legal expenses.
The attached proposals indicate an estimated legal expense
between $75,000 and $100,000 and a maximum engineering expense of
$50,000 for this phase. The following information outlines the
legal and engineering work authorized or proposed to date:
PHASE
1. Feasibility
2. IRC Negotiations
3. Sec. 180.301 FS Hearing
4. GDU Negotiations
TOTALS
LEGAL ~N~INEERIN~
$ 10,000 $ 10,000
30,000 17,500
25,000 19,400
100,000 50,000
$165,000 $ 96,900
TOTAL
$ 20,000
47,500
44,400
150,000
$ 261,900
..P~COMMEND~D ACTION
Move to authorize the engagement of Gray, Harris, Robinson
Kirschenbaum, and Peeples, P.A., for legal services to a maximum
of $100,000 and to authorize the professional engineering
services of Hartman & Associates, Inc., to a maximum of $50,000
as outlined in the proposal submitted by each firm.
DIAl.
t)L~Ukll~C IIICI~LY TO:
RobbW:~Clar~
C£t~ o~ Sebastian
P.O. Box 780127
Sebastian,. Florida
32978
Estimated Budget
,l:,urr~ase and Sa/e
Sebastian
orlando
October 6, 1992
V'r_x
40'7~589-5570
for Hego~iation add Consultation of
of ~DU Water and Sewer $~w~em /n
Dea3:Robb:
As we discussed previously, i estimate it will take somewhere
between $75,000 and $100,00~ in legal fees in order to complete
negotiations, final preparat=on of a Purchase and Sale Agreement,
consummat=on of the transaction, and a closLng of ~e sale of the
GDU water and sewer system (assuming there is no litigation). This
budget amount also includes title insurance for the syst~ if the
City has to incur such costs. It also includes the preparation of
the necessary ordinances and rules for the utility system, which
are of course prepared in conjunction with the rate study.
If you need any further information regarding this mat=er,
please don't hesi=ate to call on me.
TAC=jlm
KIRSCHEN~AUM & ~PLES, P.A.
TOTClL P. 02
HA T1VL ' & _ SOCL4.'EES, INC.
engineers, hydrogeologists, surveyors & management consultants
August 28, 1992
HAI ff92-023.04
Mr. Robb McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Utility Negotiations, Farmers Home AdminiStration Grant Punding,
Finan~ and Transition Activities
Dear Mr. McClary:
This letter constitutes our proposal to the City of Sebastian to perform negotiations with
General Dev¢lopment Utilities, Inc. (GDU) outside of the scope of the 180.301 hearing
project. Moreover, we will provide financial analyses associated with developing a finance
plan and working with the City's staff in obtaining necessary capital, preparing rate and charge
studies, establishing a tariff, establishing policies and procedures, establishing rules and utility
standards, establishing policies and procedures forms and other associated activities with the
establishment of a City owned and operated water and wastewater utility. Moreover, Hartman
& Associates, inc. (HAI) will provide additional services relative to the transitioning of the
facilities and operations to the City, as well as the other activities necessary to provide for full-
scale operations.
The overall scope and activities associated with the above work is dependent upon the extent of
the negotiations and the type of contract that can be negotiated between the parties. Therefore,
we can only propose that authorizations with an up-set limit be established for the activities as
they proceed. Our cost would be incurred on an hourly rate basis with an up-set limit. We
propose that the up-set limit for the above referenced activities be established at $50,000.00.
The up-set limit referenced above also includes whatever assistance-we need to perform'
regarding closing and due diligence associated therewith. We have provided the consideration
of hourly rates which are lower than our previous rates in accordance with our discussions.
The hourly rate schedule to be used for this contract is as shown in Exhibit "A".
We consider the above referenced activities as the cost of acquisition and would expect that
such costs would be reimbursable to the City using the debt instrument as chosen by the
201 EAST PINE STREET · SUITE 1000 · ORLANDO, FL 32801
TELEPHONE (407) 839-3955 · FAX (407) 839~3790
PRINCIPALS: JAMES E. CHRISTOPHER ,. CHARLES W. DRAKE · GERALD C, HARTMAN · MARK I. LUKE · MARK A. RYNNING · HAROLD E. SCHMIDT, JR.
Mr. Robb McClary
August 28, 1992
Page 2
If the above is accep~le to you, please execute one (1) copy of this agreement and forward it
to our offices.
Witness ~"~"
Very truly yours,
llartman & Associates,
President
City of Sebastian
Wimeas
Witness
Lonnie R. Powell, Mayor
Date
OCli/ch
C15/MeClary.gch
Attachment
A'I-I'ORN -I~t"$ A'T I.AW
Orlando
October 9, 1992
RobbMcCLLry
Cit~P=-ager
City of Sebastian
1225 MalnStreet
Sebastian, Florida
32958
jOT/509-SSYO
Dear Robb:
I am responding to your letter date~ O~cober
regarding our p=opoeal. There are five ma]or tasks
included in that proposal as follows:
1.
8, 1992,
Which are
Negotiation, preparation and consummation of purchase and
sale agreement;
Issuer's Gounsel work for any bond iesue?
Real est&re closing work, including preparation of all
necessary documents to conommate the ~ransaction;
4. Issuance of title insurance policy plus title research · work; and
5. Preparation of all necessa~7 r~gulatory ordinances
'including rate ordinance, extension and sale policy
ordinance, wastewater pretrea=ment ordinance and standard
agreements.
I can tell you from experience that it is impossible to accurately
eltima~e the amount of time that wall be involved in bringing this
deal to fruition. While Gerryand I bo~hbelievethatGDU wants to
negotiate, completion or.he purchase and sale agreemen=s for wa~er
and sewer systems historically show & number of periods where the
Robb HcCla=~
October 9, 1992
Page 2
agreement is "on again, off again.' Preparing for and consummating
the closing in all of the documents necessary for the real estate
portion of ~he agreement can also be quite lengthy and. differ
significantly from no=real real estate transactions. Should a bond
issue be done, legal review will have to take pla~e of the
engineer' s report, the official s~atement, and other bond
be .appr°ximatelY $10,000. Finally, ~here are a. number of
ordinances which will need to be prepared in conjunction wi~h the
rate study in order to set up the proper r~gulator~ framework.'
I am hopeful ~hat we can accomplish all this for leos than the
estim?ted expense that I ..have. given
per=aLva that the Counczl is not in=crested in h~ving its
acquisition team going bask for more money after we get started in
this process. I believe that the number i have given you is a
reasonable estimate given the uncertainties of this transaction but
also covers a significant amount of work. I wall do ever~/~ng
· can to come in under the estimate but my professional judgment is
fha= the es~-imate is reasonable.
If ~ou have any questions regtrding this matter, don't
hesitate to call on me.
TAC=: l
Sincerely yours,
GRAY, HARRIS, ROBINSON,
KLRSCHSNBAUM & PEEPLES, P.A.
~ p~ del~.
TOTAL P. 03
Regular city Council Meeting
October 14, 1992
Page Eleven
92.274/
91.071
A lengthy discussion followed, the donation of land
for the connection with Chessers Gap by the property
owners was noted, and the city Manager noted that
County option gas taxes could be used for the
project and this would be added to the FY 1993 Street
Improvement program.
MOTION by Holyk/Oberbeck
I would move that we proceed with the Wave Street
extension to Fleming Street as per staff
recommendation.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
C. Authorize Enqa~ement of Gr_~Ay_~Harris. ~obinson,
Kirschenbaum~.. and PeeDles. P.A., and Hartman and
Associates, Inc. for General Development
Utilities Water and Wastewater Systems
~cquisitio~ Leqal and ~nqineerinq ~ervices (City
Manager ReGQmmendation dated ~ Hartman
Letter dated 8 28_~ Cloud Letter dated ~
The City Manager recommended that City Council cap
funding to each consultant at $50,000 at this time.
The city Attorney added that money could be saved by
utilizing his firm for items 3 and 4 as stated in Mr.
Cloud's proposal (see attached) and by seeking other
bond counsel.
Mrs. Corum inquired whether City Council should
pursue alleviating the THM problem during
negotiations with GDU. The City Manager said he
would request a recommendation from Cloud and Hartman
on that issue.
11
Regular City Council Meeting
October 14, 1992
Page Twelve
92.275
92.276
MOTION by Oberbeck/Holyk.
I would move to the effect that we authorize the
engagement of Gray, Harris, Robinson, Kirschenbaum,
and Peeples, P.A. for legal services authorizing up
to $50,000 and to authorize the professional
engineering services of Hartman and Associates with a
maximum of $50,000 at this time.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
Authorize EXecution of Interaqency/Public Works
Aqreement - Indian River Correctional Institute
Inmate ~ Force ~ Recommendation dated
10/7/92. IRCI Letter dated 9/22/92 w! Aqreement,
City Attorney Letter dated 10/2/92)
The City Engineer reported that inmate labor force
has been working in the city for several months and
advised that an interlocal agreement is required.
MOTION by Holyk/Oberbeck
I would make the motion that we authorize the
execution of the Interagency/Public Works agreement
with Indian River Correctional Institution Inmate
Labor Force.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
E. Clerical Staffin~ ~ Utilities an~ City Manaqer
(citv Mana~er Recommendation date~ ~
The city Manager requested that city Council switch
his department's two part time positions to full time
and the Utilities Department hire two part-time
positions.
12
SUBJECT: Proposed Interagency/)
Public Works )
Agreement with )
Florida Dept. of )
Corrections
Approved for Submittal By:
City Manager
City of Sebastian
POST OFFICE BOX 780127 [2 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Agenda No.
Dept. Origin
) Date Submitted
)
) For Agenda of
)
ENG/PG
10-07-92
10-14-92
) Exhibits: Ltr from indian
) River Corrections Institute'
) dated 9-22-92 With attached
) Agreement, City Attorney Ltr
) 10-2-92
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
The City has been requested by Indian River Correctional
institution (IRCI) to execute an Interagency Public Works
Agreement to allow inmate labor force to continue their
program within the City. In Accordance with Florida
Statutes 946 and the Department of Correction Rules
Chapter 33-3.003 and 33-3.017 an agreement must be
executed between the Department of Corrections and the
City of Sebastian to provide 7 custody inmates one day
weekly for a period of one year. They will be providing
one vehicle and one correction officer for supervision.
The agreement has been forwarded to the City Attorney for
his review and his comments to revise the agreement have
been incorporated and verbally agreed to by Stephen
Kegerreis of IRCI per telphone conversation on October
7th, 1992.
RECOMMENDED ACTION
To review the proposed exhibits and agreement and move to
approve and authorize execution of Interagency/Public
Works Agreement.
INDIAN RIVER
CORRECTIONAL
INSTITUTION
Governor
LAWTON CHILES
Secretary
HARRY K. SINGLETARY, 3R.
7625 17th Street, S.W., Veto Beach, Florida 32968 · Telephone: (407) 569-5100 FAX: (407) 770-3551
September 22, 1992
Mr. Dan Eckis
P. O. Box 730127
Sebastian, Florida
32978
Re: INTERAGENCY/PUBLIC WORKS AGREEMENT
Dear Mr. Eckis:
In accordance with Florida Statute 946.40 and Department of
Corrections Rules Chapter 33-3.003 and 33-3.017, the attached
contract is submitted for your review and signature.
We are pleased to be able to provide meaningful work for our
inmates and are hopeful that over the next year your Agency
will see the benefits of this program.
The contact persons overseeing this program at Indian River
Correctional Institution are Lt. George Tuskey and Mr. Steph-
en Kegerreis. They can be reached at 569-5100, extensions
205 and 248 respectively.
Thank you for your cooperation in this program and we will
provide you a copy of the contract as soon as all signatures
are obtained.
Respectfully,
Thomas A. Crews, superintendent
Indian River Correctional Institution
TAC/smd
Attachment
cc:
T. R. Douberley
Stephen Kegerreis
Lt. George Tuskey
FLDR/DA DEPARIM~ OF CDRRECTIONS
I~~C~/PUBLIC WC~KS AUREEMm~
~ ac3reement ma~e ar~ entered into t.h/s 1st day of October
1992, by ar~ between t_he STate of Florida D~par~m~nt of ~ons' facility
Indian River Correctional Institution , hereinafter referred to as
Corre~cior~, ar~ City.. of Sebastian, Florida , here~ referred
to as the A~, i~ done so i~ accordance with (~lapt~_r 946.40 Florida Statutes,
and Rules of the De~l~--~ of Co~rectio~, C~apter 33 - 3.003 and 33 - 3.017,
providing for the use of inmate labor in public works.
the lef~ of
the le.~ of
i.
2.
3.
ac3rees to provide for those items so indicate~ with a ~heck (~) to
each appropriate r~m~er. All other items are ~o be marked '~/A" to
Properly screen the inmates for the work to be performed ~-and to
provide a r~-~cF~ble basis to believe that none present a a~ger to
~ or
1 day weekly
provide 7 minimum/~diu~ custody' i~ ~ for a
period of 1 Year
Provide 1 vehicle~ and 1 CuTrectional Officers each
w~rkday to tran~ inmates assigned to the Agency and to provide
supervision as agreed herein.
x
x
4. Provide food and drinks for ir~te lunches.
Be responsible for the ap~ion of an escapee and har~3 ing of
~ublem inmates. Corrections ~hall prov~ ~ns~ti~n frc~ the
work site to the correcti~l facility for inma~ who refuse to
work, becc~ unable to work, or cause a disruption in the work
X
x
N/A
N/A
6. Be responsible for administerir~ all disciplinary action t~zen
against an inmate for infractions omnit~ while under the
supervision of the A~-Dcy.
7. Provide for medical treatment for ill or injured inmates and s~hall
urovide for transportation of such inmat~. _
$. Provide a minimum of 16 h~urs of orientation and trm~nir~ to non-
responsibility of an inmate squad. Training will be in a~
supervj~ir~ offender~.
9. Notify th~ Agency in the event one of their employee~ fail~ to
~=ovide proper superv/~ion of inmates.
.i
Page 2
10. Provide ir~at~s with all pe~s~z~a~ items of clothing '~iata for
the season of the year.
Provide ir~at~ ready for tran~portation/~ork at the appropriate
times regardless of tempe_~a .=ure .or ir~lemen~ w~ather, unless
r~faified by the_ A~ency of suspended work operatioms. The only
~_xc~p~ion may be, c~iitions which would hrea~ good security
12. Other (attached additional page if necessary).
II.
The Agency agr~ to provide for those items so indicated wiUh a check (~) to
the left of each appropriate number. All other iUems are to be ~-~ed "?/A" =o
~he left cf the number.
Provide the Department with a schedule of hours which inma~ will
be worked in accordance with the establ~ wor¥~iay for the Agency
esV~lLmhed schedule ~ be r~ to ~nd at%~x~d by
N/A , 3.
N/A 5.
N/A 6.
Provide supervision of inmates in acoordance with DC rules and
rec3u~timus. Non-DC employees may superv~ ~ and medium
have a crimirz~ record che=k ompletmd-by Corrections prior to
supervisir~ inmates. Ba_~d on the f~, the ~intendent or
his de~i~ shall approve or dima~, in his ~etion, all
P~vide =-ansportation of irmmtes to and frmm work if such is not
provided by Corr~-tions as a~reed to in Section I of t_his Agreement.
gloves, zubber boots, hard ha~s, e~c., necessary and appropriate to
an acoeptable
Record daily ~ mmmber of hours worked by inmate, usir~ forms
provided by Correctic~s and submit the form on a mmrtduly basis to
N/A 7.
Report all irmmte injuries, regardl~ of how minor Ln nature, to
Correctior~ as soon as possible. Medically relapsed complaint~ made
~ L991
P~ge~ 3
Ln ~ca~es of ~m~-.~per~-y., fL~ aid, wi%bin %he soope bf the
supervisor's medical ~-ainirg, ~hal! be prc~*ided and assis%ance
Provide irm~ with a fifteen minute res% bre2d[ Ln the m~rnirg and
a fifteen minu~e rest break in the aftel~on. Lunch breaks ~hall be
30 minu%es ~rc~, 12 .~oon to 12:30 p.m.
Pr~ide an employee of %he s~_m~- sex as --he irm~te(s) to be
immediately available ~o terser assi~ance in ca_~es where the squad
~e_-visor is of the opposi~ sex as the inmate.
10.
1i.
Re:faire and make available each ir~ate m .dpervLsor ar~ other relev-~nt
f~ ~i~ ~1 ~ior ~ ~ ~ ~~i~ of
Agent%* hereby agrees to ba liable for, amd ~_hal! ir~e_nr~fy, defend
~d hold Co:~-ti~ harmless from all cia/ms, malts, judg. emmnts or
~damages inc!~ ~ costs and attorney's fees arising cu~ of
intentional acts, megligerr~e or omissions k5, th& Agency in its
supervision of irmmtem uarsuant to this Agreement.
N/A !2. ~-~her (attach ~.~jtiomal page if
day of ..... , !9__
rlorida Depa~a~en~ of CDrrections
City of Sebastian, Florida
(Name of ~ermy Re~_iving Se_~ices)
Title:
Title:
Title:
Title:
'1991
FRE~, N~SIt & ToRPor, P.~
~'~1)~ AT ~W
930 S. ~c~u~olz CXT¥ BLVD.
$~Ee~ 50§
1W~EL,BOT_T'~NE, FLO~zD~ 32901
(407) 984.3300
F~ (407) 951-3741
October 2, 1992
VIA TELECOPiER (589-5570) AND
REGULAR UNITED STATES MAIL
Mr. Larry W. Napier, Assistant Finance Director
City of Sebastian
Post Office Box 780127
Sebastian, Florida 32978-0127
Proposed Interagency/Public Works Agreement
with the Florida Department of Corrections
Our File No: 92-7840
Dear Larry:
In response to your request of September 30, 1992 concerning the
letter addressed to Dan Eckis from Thomas A. Crews, Superintendent
of the Indian River County Correctional Institution, please be
advised that I cannot approve the language contained in paragraph
11 of Part II of the proposed Inmate Labor Agreement dated October
1, 1992. Paragraph 11 (set forth on page 3) requires the City of
Sebastian to indemnify and hold the Florida Department of
Corrections harmless from certain claims, suits, judgments or
damages. It is my opinion that a municipality cannot provide an
indemnification and hold harmless to other persons, organizations
or entities. Please note that the proposed agreement does not
provide that the City of Sebastian is to provide the supervision
of the inmates (see paragraph 2 of Part II on page 2).
If you have any additional questions concerning this matter, please
do not hesitate to contact me.
CIN:bd
Very truly yours,
FRESE/~ & TORPY,
Charles lan Nash
City Attorney
P.a.
cc: Robert S. McClary, City Manager
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589*5330 D FAX (407) 589-5570
SUBJECT:Clerioal Staffing -
Utilities & City Manager
Approved for Submittal By:
Agenda ~o. ~' ~ ~
Dept. of Origin: City Manager
Date Submitted 10/05/92
For Agenda Of: 10/14/92
Exhibits= - None
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIltED:
SUMNARY 8T~TEME~
The fiscal 1993 budget provides for two (2) new clerical
positions: one (1)full-time Clerical Assistant II for Utilities
Department and one (1) part-time Administrative Secretary in the
city Manager's Office to supplement an existing part-time
position. Currently, there is one (1) full-time Administrative
Assistant and one (1) part-time Administrative Secretary in the
City Manager's Office. Rather than two (2) part-time positions
in the City Manager's office and one (1) full-time position in
the Utilities Department, I am requesting that the existing part-
time position in the City Manager's office be converted to full-
time and that the budgeted full-time position in the Utilities
Department be converted to two (2) part-time positions.
The Utilities Department, with one (1) clerical position, does
not provide for redundancy or backup. Therefore, with only one
(1) full-time position, there is little flexibility in
scheduling, covering lunch periods, providing for a smooth
transition due to turnovers or providing for coverage for
vacations, sick leave, etc. Further, the Utilities Department
needs to be flexible in this initial year and two (2) part-time
positions could provide flexibility with scheduling, hours could
be adjusted to compliment workload (either up or down) and the
positions could ultimately be converted to full-time as the
department grows with trained personnel in place.
With two (2) individuals currently in the City Manager's office,
we have the necessary redundancy and backup built in. Converting
from part-time to full-time to meet workload would be consistent
with the full-time positions of other administrative departments
such as, City Clerk, Finance, Community Development, Police
Department, etc. ~.2~
RECO~NDED ~CTION
Move to authorize two (2) part-time Clerical Assistant II
positions for the Utilities Department in lieu of the one (1)
full-time position budgeted and to authorize a conversion of an
existing part-time Administrative Secretary in the City Manager's
Office to a full-time Administrative Secretary in lieu of two (2)
part-time Administrative Secretary positions.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
Reimbursement of Insurance ) Agenda No.
Premiums - Parity with Bargaining)
Units ) Dept. Origin
)
Approvetl for Submittal By: ) Date Submitted:
) For Agenda Of
City Manager )
Finance (Mil-I) lhp~/~
10/02/92
10/14/92
Exhibits:
Analysis of Insurance premiums
paid v. effect of raise to compute
amount of reimbursement.
Expenditure Amount Appropriation
Required: $4,583.40 Budgeted: -0- Required: $4,583.40
SUMMARY STATEME~
Through the course of collective bargaining, all employees covered by union contracts
continued to have their group health insurance premiums paid by the City. At the same time
all unlimited time status personnel received a 2 1/2 % ram of pay increase, but the city stopped
paying dependent health insurance premiums. Because the contracts were not settled until a
much later date, union employees received value of having all of their insurance premiums
paid but did not receive the 2 1/2 % pay increase. In all cases, the value of the insurance
premiums were greater than the pay raise. It was not the intent of the City Council to provide
different benefits to different groups of employees. To remedy this, unlimited time status
employees should be reimbursed the amount of dependent insurance premiums less the 21/2 %
raise the bargaining units did not receive for the first six months of Fiscal 92. All contracts ·
were ratified effective or retroactive to April 1, 1992, or six months into the year. The
calculation of the reimbursement is as follows: 69 Cents per hour x 1,(M0 hours (6 months) =
$717.60 (amount of dependent insurance premiums). This figure less the amount of the raise
received for the period October 1, 1991 to March 31, 1992 is the recommended
reimbursement.
RECOMMENDED_.... ACTION
Approve the reimbursement to provide parity between the unlimited time status personnel with
collective bargaining unit employees, per the attached analysis.
q2. ?q
Unlimited Time Status Employees
Analysis of Reimbursement of Insurance Premiums
For the Period October 1, 1991 to March 31, 1992
(1) (2) (3)
R. McClary $717.60 $585.00 $132.60
K. O'Halloran 717.60 396.50 321.10
M. Hudkins 717.60 393.75 323.85
E. Petty 717.60 437.50 280.10
B. Cooper 717.60 396.50 321.1.0
D. Eckis 717.60 525.00 192.60
J. DeLarme 717.60 343.75 373.85
S. Maio 717.60 292.50 425.10
L. Napier 717.60 358.32 359.28
D. Puscher 717.60 390.63 326.97
J. Thomas 717.60 368.55 349.05
G. Bonacci 717.60 331.50 386.10
C. Hilton 717.60 292.50 425.10
C. McCarthy 717.60 351.00 366.60
Total $ 4 583.40
(1) Amount of dependant insurance premiums not covered in $.87 "buy out"
for unlimited time status employees.
(2) Amount of 2 1/2% salary increase to unlimited time status personnel.
(3) Amount recommended to be reimbursed to unlimited time status
employees to provide parity with collective bargaining unit employees.
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
SUBJECT: Pay Plan - Unlimited
Time Status
Approved For Submittal By:
City Manager~ ~--
Dept. of Origin: City Manager
Date Submitted: 10105/92
For Agenda of: 10/14/92
Exhibits
-Proposed Step Plan
-Salary Survey
-Police Captain Job Description
EXPENDITURE
BUDGETED
AMOUNT:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Upon adoption of the fiscal 1993 budget, the City Council granted
across-the-board salary increases to all unlimited time status
employees (except the City Manager) effective October 1, 1992.
The attached proposed pay plan for unlimited time status
employees is modified to reflect the 4% increase. Additionally,
the proposal includes a new step "8" and also adds the position
of "Police Captain". The position of Police Captain was created
on August 15, 1991 and should be included in the step plan along
with other unlimited time status employees who are not department
heads. As comparables, i used the following Cities:
CITY
MAXIMUM SALARY
Hollyhill $ 42,728
Northport 39,270
Vero Beach 42,749_.
South Daytona 40,485
Average 41,308
Proposed 40,123
The current incumbent is at $37,523 and would be eligible for a
merit increase on the step plan at his anniversary date and only
after a satisfactory or better job performance rating by the
Chief of Police.
RECOMMENDED ACTION
Move to approve the proposed unlimited time status personnel
step plan for fiscal year 1993.
UNLIMITED TIME STATUS PERSONNEL
Step Plan Job Classes
Fiscal Year Ended September 30, 1993
Effective October 1, 1992 to September 30, 1992
Golf Director
Hourly rate per step
City Planner, Deputy City Clerk
Hourly rate per step
Ass't Finance Dir., Ass't Pub Works Dir
Golf Course Supt,, Chief BIdg Insp.,
Ass't City Manager
Hourly rate per step
I 2 3 4 5 6 7 8
20,983 21,848 22,714 23,579 24,444 25,309 26,175 27,040
10.09 10.50 10.92 11.34 11.75 12.17 12.58 13.O0
27,234 28,100 28,965 29,830 30,696 31,561 32,426 33,300
13,09 13.51 13.93 14.34 14.76 15.17 15.59 16.01
30,653 31,518 32,384 33,249 34,114 34,979 35,845 36,712
14,74 15.15 15.57 15.99 16.40 16.82 17.23 17.66
Police Captain 34,070 34,944 35,797 36,670 37,523 38,396 39,250 40,123
Hourly rate per step 16.38 16,80 17.21 17.63 18.04 18.46 18.87 19.29
Salary Survey
Unlimited Time Status Personnel
Source- May 1992 Florida League of Cities
Cooperative Salary Survey
Job Title 610 - Police Captain/Deputy Chief
Salary Range
City Population Minimum Maximum Actual
Atlantic Beach 11,636 26,987 39,872 39,442
Holly Hill 11,617 29,067 42,728 42,702
Lake City 10,005 23,368 32,930 26,813
Lighthouse Point 11,374
Miami Shores Village 10,084 .
Miami Springs 13,268 49,420 52,176 51,415
Niceville 10,507 16,910 35,193 28,724
North Palm Beach 12,812 30,958 41,795 39,209
North Port 11,973 27,810 39,270 39,447
Ocoee 12,778 31,016 41,564 31,01 6
Oviedo 11,114
Palatka 10,201 31,421 46,424 40,102
Royal Palm Beach 14,589 37,766 50,398
Satellite Beach 10,293
South Daytona 12,490 27,354 40,485 40,485
St. Augustine 11,692
I Sebastian 10,205 36,0881
[Memo: Vero Beach 17,709 42,749
Memo: Averages of Cities 10,000 to 50,000
33,058 _. 46,186 41,806
Page 1
POLl CF CAPTAIN
MAJOR ~UNC?ION,
The Police Captain is assigned to the Office of the Police Chief
as his administrative aide and executive officer. This la & ape-
cialized assignment requiring ability in the application of mana-
gerial skills designed'to effectively administer the overall oper-
ation and functions of the police departJaent. Be is responsible to
and reports directly to the 'Chief of .Police.
ILLUSTRATIVE DUTIEE;
Assumes responsibility for the accomplishment of the police mission
through the effective administration and operation of the depart-
merit in the absence of the Chief of Police.
Responsible for the enforcement of City and departmental rules and
procedures and all authorized orders.' ,
Responsible for the critical supervision of subordinates and their
Takes suitable action in the .case of any laxity, misconduct, $ncom-
petence~ or neglect of duty comtn9 to his attention concernin9 &ny
matter.
Counsels subordinate officers in the performance of their!duties on
Supervises the uniform reporting procedures and the records and
files of the department and insures their confo~mity to inter and
extra departmental rulel and regulations.
Causes on-sight inspections of personnel~ equtpment~ vehicles~ and
facilities to be accomplished. ·
Provides continuity and assistance for departmental planning and
trainino of personnel.
AsSists in the compilation and administration
Periorms such other duties aS d~rected by the
of departmental budgo~,
Chte~ of Police.
HINIHUH 0UALIFICATIONt~
~nowledge, Abi'lities and Skills; Considerable knowledge of~ rules
and regula~iona"Of th~-pOli~e~department' and 9overntng federal and
state laws~ and ordinances; modern police methods and~rocedures. Horkin9
POLICE CAPTAIN (Cont.~
knowledge of' the physical and social characteristics of the area,
and of criminal law, with particular reference in apprehension,
arrests and admissibility of evidence; first aid principles and
skill and their applications. Skill in the use and care of fire-
arms and radio. Ability to assign, instruct and review tbs work
of subordinates; obtain Information through interview, interro-
gation and observation; understand and execute difficult oral
and written'directions; prepare clear and comprehensive reports;
deal courteously and effectively with the public; work long bouts
and to withstand the physical strain of police work. Bas acquired
skills in management techniques, planning; and administration.
Additional knowledge in the areas of budget, scheduling, and
federal grant processing is also a required prerequisite to thl~
position°
EDOCATIOti AND EIIPERIENCE~
Req~t'rec[ Yea~S'[~f-~'xpertence at the ,rank or Police Lieutenant ~tth
the..deptrtaent.,, and completion 0f required police training ....
coursest end minimum standards. Comnletton or~}~li~]- Justice
years or col.lege with an ~ssoclates Degree tn ' '
or perrerably w/th experience tn the Investigative field. Cert-
ification as a Pollce Officer by the Florida Poltce Standards
and Tratnlng Commission. Any equivalent combination of'train-
lng and/or experience which provides the above knowledge~ abil-
ities and skills.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:
CITY PLANNER POSITION
Approved For
City Manager
Dept. Origin: Community Development
Date Submitted: 10/0~/9~
For Agenda Of: 10/14192
Exhibits:
1. Memo dated 10/O5/92 from Robert
McClary
2.Memo dated 10/O6/92 from
Catherine Hilton
EXPENDITURE
REQUIRED,
AMOUNT APPROPRIATION
BUDGETED: REQUIRED:
SUMMARY STATEMENT
In 1988, the City Council adopted and funded the position of City Planner.
One of the main emphasis and justification for this position was to have
the ability to apply and administer grants for the City of Sebastian.
In light of the weak economy and the lack of grants, staff recommends the
funding for the City Planner be eliminated for the fiscal year of 1992-93.
Staff believes that a need exists in the Community Development Department
for a technical and administrative position to assist the department head
in the administration of the Land Development Code and implementation of
the City's Comprehensive Plan. Therefore, we respectfully request that
City Council review, in the future, a new position, such as "zoning
administrator".
As evidence of the attached exhibits, staff has tried to provide a smooth
transition for the existing City Planner.
RECOMMENDED ACTION
Move to discontinue funding for the City Planner position for the fiscal
year of 1992-93.
Robert $. McClary from C. A. Hilton
October 6, 1992
Page 2
tn the event that City Council opts to protect the position
as budgeted for FY 1992 - 1993, this advance acknowledgement
of my anticipated layoff becomes void. Meanwhile, the terms
mentioned in your memorandum regarding my layoff from the
position I now hold as City Planner appear satisfactory- As
a point of clarification, I restate that you offer one
month'S severance pay, and add my expectation that ~Y
accrued, but unused leave and holiday time shall be justly
compensated. You Indicated that the City will not challenge
any unemployment compensation claim I may make. I also
accept that as a condition of the layoff.
I extend my thanks to you for the experience I have gained
through employment within the comfortable environment of the
City of SebaStian, one In which the employees demonstrate
their consideration for each other. The time with you and
the Commulty Development Department has had it rewards and
pleasures, and I feel that I have been privileged to serve
the City of Sebastian.
/cab
cci Bruce Cooper, Director of Community Development
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
MEMORANDUM
DATE; October 9, 1992
TO: Mayor and City Council
THROUGH: Robert S. McClarY~0 ~:~
City Manager
ion ,.-~_~
FROM: Planning and Zoning Commissi
RE: Funding of City Planner Position
At their Special meeting held on Thursday, October 8, 1992,
the Planning and Zoning commission made the following motion.
A motion to recommend to City Council that the position of
City Planner be retained. The comments of the members are as
follows:
Mr. Goldstein: "There is a phase that God is in the details
I don't know who said that but I agree I haven°t been here
very long but I can tell you that without professional
assistance, we on the Planning Commission are going to have
some of those details drop by the wayside and therefore,
would urge the rest of the Commissioners to support retaining
the position of the City Planner and lets keep the details
in our code.
Mr. Shroyer "Basically the City Planner and the City Engineer
have made our job a heck of alot easier they have also picked
up on a lot of items that have been dropped along the wayside
over the past seven or eight years and for those two reasons
alone I think it is worthwhile keeping her. I may not agree
100% with you but"
Mrs. Kilkelly states "I would like to say to me that the City
Planner has provided us with guidance, not just made our jobs
easier but has provided us with guidance, and also given us
some visibility of what we do in the future, therefore, I
feel it is necessary to retain the job and more specifically
to retain the City Planner that we have.
Mrs. Damp,"I previously spoke Cathy your were not here,
but I previously spoke at the very beginning of the meeting
would you like me to restate my concern" Chairman states
Please. "I too feel that a City Planner in the caliber of
Miss Hilton she has been our liason, the one we turn to for
guidance, and helping us do our job and who would we have to
do this work behind the scenes if it were not for someone
like herself. I cannot visualize how we could do our job
without someone like you, like her to do this for us and it
seems like our job would almost be impossible without the
City Planner"
Mr. Thompson, "Well, I'll express mine, I already have that
think we need a City Planner and I do not agree that we
should be discontinuing the funding for the City Planner
position."
Mr. Shroyer:
"Many of these things that are being discussed are part of
the job of City Planner and being part of the job I don't
think we can do much more then say she has been doing an
outstanding job on those perticular functions and her other
.accomplishments as far as going out and getting Grants and a
few additional items are appreciated by the citizens of the
City of Sebastian and since she has come on board she has
acquired quite a few grants and has done many o£ the things
that have not been done in the past and that a loss of her
and that position over the next couple of years would
probably cost us £ive to ten times the amount that it would
cost us to retain her in her present position. This being the
case that the Planning and Zoning Commission feels that she
should be retained due to the fact she is providing
additional funds for the City and without her or someone to
do it the City would be losing out on a considerable amount
· of money and grants"
"Mrs. Damp states her legal ease of understanding Government
policy and rules and regulations is certainly ve'ry worthwhile
and needed in our job and as well as other government jobs in
the City."
Mr. Goldstein "Mr. Chairman I don't really think that we can
separate the individual from the position, perhaps it is
possible but I don~t think in this case it is and I would
move that Mr. Shroyers eloquent statement that he just made
be presented to the next city Council meeting, although we do
have a motion on the table. So perhaps, i move to amend the
previous motion to incorporate Mr. Shroyer's statement and
forward it to the Council."
planner.doc
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
REQUEST FROM TINA HAWKS TO UTILIZE )
RIVERVIEW PARK )
Approved For Submittal
City Manager ~'
Agenda Number=
Dept. Origin: Communit[ Development
(BC~
Date Submitted, 10108[92 '
For Agenda Of, 10~.14..~92
Exhibits:
1. Letter dated 10/07/92 from Tina
Hawks
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED=
APPROPRIATION
REQUIRED,
SUMMARY STATEMENT
Tina Hawks has requested permission from City Council to use Rlverview
Park for a pet fair on Sunday, February 21, 1993. The proposed fair is to
be a fund-raising project for the Southeastern Guide Dog School.
After reviewing Section 18-2 of the City Code of Ordinances regarding the
prohibition of dogs or other domesticated animals within the public parks
and public recreation facilities of the City, the City Attorney has opined
that the City Council would not be able to approve this request without
amending the code due to the prohibition. Further, the Sebastian River
Art Club has scheduled February 21st as a rain date for an art show.
If the City Council is inclined to allow such a fund-raiser to be
conducted within the public parks, staff recommends the City Attorney be
directed to amend Section 18-2 of the Code of Ordinances.
RECOMMENDED ACTION
Review the request from Tina Hawks.
J. JEFFREY SLADE, D.V.M.
SEBASTIAN ANIMAL HOSPITAL
AND BIRD CLINIC, INC.
'948 U.S. 1
SEBASTIAN, FL 32958
(4o7) 5ages3
I would like to preface mY remarks with a short stOrY.
We come from an area in the NE that suffered from the lack of
planning- politics intervened and money and greed took over. A Real
Estate operatOr and developer was allowed to put up a development that
was badly built and eventUallY the EPA and suffolk county had to take
over at tremendoUS taxpayer expense. There was also the issue of a
badly designed and built sewer systems that caused Grand Jury action
and the down fall of some local politicians' So much for political
political rather
expedience'
YoU have a coPY of the PJ EditOrial which suggest
than economic reasons for this dismissal'
I suggest that what goes around comes around. It has been rumored
that t~is is the year of the women, if you don't believe it, look
around you. It may very well be that your employerS, the voters
will prevail.
8A, Press-Journal, Wednesday, October 14, 1'992
i J:F. Schumann (1565-194~) .' Founder
.... ~ : ~l.J, Schumann (1898-1989) Founder
Dali K. Hicks ".~ ' · ' General Manager
~ Rel~man ' ' Opinion Page Editor
Tom Dlcken~ Clmula~r~uctlon DIr~tor
MelOn E. Adklns Display Adve~slng Menager
Bar~ra Sprague ~ Class f ~ A~ve~. ng Mgr,
'For Convenient Home Dellve~ 589-7100
Home ~l~e~, Year , . $76.00
Home ~11~, 6 Mohlhl I40.50
,Sx~ U.S. Hlghwly 1 at 1Bth Street Mall--7 Paperm, Year ~115.00
POST OFFICE BOX 1268~ Mall--Wed. & Bun., Year
VERO BEACH, FLORIDA 32961 The canada--7 Pa~rs, Year'~,l.'~.m)
~~ PHONEFOUNDED682.23191916~ Audit Canada--Wed. & B~., Yem ~.& ~l I116.00
Bureau
'Editorials
Ma..e. Ro.om Fo,- r H Itoh
The political guillotine is in place at Sebastian been targeted because of economics, slow growth
City Council chambers. All that's left is for council and the wishes of council.
to release the blade, terminating the position of Se-. i '"There's"really nothing to plan for here," said
bastian Planner Cathy I-Illton.',We hope council re-''~ Bruce' Cooper, Mrs. Hilton's ~upervtsor and ',the
considers. . ' :~i{.~',;/,,.::i'i,i~i',','' .... ;:,:' >::city's .director of community development and
"- We have heard no compelling'teas'Oriel~ to"justify~.~,.buildlngofftclal. '
Sebastian eliminating its planning position.'As one:~','' We se~ much to plan for. The future of the city's
of Florida's fastest.growing cities, with~ plenty, of · airport ia undetermined. Could it be the site of an in-
.undeveloped land and several opportunities for an- dustrial park or another golf course? What about
nexatton, cutting the planner's position, would be in~ the city's annexation plans? Who will review, re-
appropriate. · , ,, ,. , ,. . quirements for concurrency under the state-man-
~ In fact,'the best description of council's proposed' dated Comprehensive Plan? Who will be the city's
action may come from Councilwoman Carolyn Co- liaison with the county should its land-purchase ref-
erendum pass? ' ..
~'um, the lone environmental ranger on council. She ' · ' '" -
said City Manager Robb McClary has,it out for Mrs,, ,,',' Our biggest c~ncern is' that without a city planner,
Hilton'because of her friendshiP.with'Mrs. Comm. there 'will be no One to put together., the proposed
McClary, Mrs, comm. said;, is piying her back for Riverfront District.' Creation{ cfa disti'ict would be
her. September proposal to cut McClary's salary in-.. an ,economic ,boon to.the city. Why doesn't council
crease from 5 percent to 2 percent'and to shrink pay get Mrs. Hilton to work oii Some of these issues ira-
increases for other city administrators, mediately? ::
, Mrs. Hilton, who ,seems more, aligned 'With Mrs. . Even th~ city's Plannthg ind Zoning Commission
Corum's pro-environment, politics,, seems, to. be a, siipports her. continued, employment. Not. only,has
i, ictim of council's pro-growth policies. We, too, ad- she been helpful to the commission, members said,
vocate controlled growth, but, we believe the city but the grants she obtained for the'City --$20,000 for
,needs, a .planner;'i~ontr011ed' grOwth,:"after,'all,, is trees at Hardee Park and $5,000 for, work, at River-
achieved..,~,~hic/ugh. ?,:Careful planning?; If ',,'couniil '. view Park ---i almost paid for her' $29,500 salary.,
doesn't"ltI~ Mrs. Hilton's Philosdphy, 'i[S first step we' admire council's wishes, to, stop. wasteful
Sh.o.u!d,be. to,tell he~,wh,at.coUnctl's philosophy is, ,,,. spending, and have praisedmembers in the past for
· ,we v~ neara, some'.lame reasons.to, eliminate the, doing, so..This tin{e~..however, their ;action looks i '
poSttio/is:...",:'~i~',:,:,L;~il~!~'~!~}~.,~!';..,,i, ~' ~,; ::~}.~,'; .. ;'::/.:,~;,:., .-',, ,. ,.;,,.,:~:'.'.~,: ":: more like polities~thari"'flscal conservancy, Their de; :' I.,
iiil liiSu'es..It ididn, t h~ve,anything. ~o 'do wt th the fact'?on reaSon,, no[ uoliticS.'~ :.,'.~J ;~'::-~":' ','-,";.: '., ,.:,.' '.-,"i'~ "~ ~,~:?~,":""', ":, ' ;. '~ I.
l~rs. ,uorum; 'lv~ culary,.,"sala' lyira.':tllltOn s ;lOP' nas ,I~el's, I~.~ Ma/~ ~I., ~eDasl~h,"-L., ":~' ::'.. ; ":"'";"'" '. "I
. .,.,.., ,, ~. '.. .,'... , : ,~ . . :', . . . , · _~ :' ::'.~,. , ._ -..
.... ~_;..,; .2.:: ...... '. ~ ~ -.,' :,~: .... ' '" ' .... ' ..........................