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Home My WebLink About10281992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 AGENDA SEBASTI CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 28, 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 INVOCATION - Reverend Grant McDonald, Sebastian Highlands Baptist Church 4. ROLL CALL AGENDA MODIFICATIONS .(ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 92.281 6. PROCLAMATIONS AND/0RANNOUNCEMENTS Proclamation - Veterans of Foreign Wars - Buddy Poppy Days - 11/6/92 and 11/7/92 (George Metcalf Accepting) 92.272 92.282 92.283 PUBLIC HEARING, FINAL ACTION 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 Please Note: Anyone wishing to speak is asked to go to the po~i-~m and state his/her name and address for the record prior to addressing the Council. ORDINANCE NO. 0-92-23 - Adopting and Enacting New Code of Ordinances 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. (lst Reading 10/14/92, Advertised Sebastian Sun 10/16/92, Public Hearing 10/28/92) PUBLIC INPUT ON AGENDA ITEMS CONSENT AGENDA - Ail 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 - October 14, 1992 Regular Meeting Waiver of Bidding Procedure - State Contract - Public Works Tractor Purchase - Ford New Holland - $16,545 (Staff Recommendation dated 10/16/92) Receive Code Enforcement Orders - Case Nos. 92- 6531 (DiMaio), 92-6909 (Sturm), and 92-6993 (Slavens) 92.284 92.285 92.286 92.287 92.288 92.289 10. 12. 13. 14. Rotary Club - Request for Use of Community Center - 11/21/92 - 6 p.m. to Midnight - Thanksgiving Benefit Turkey Raffle and Dance - A/B - Rental Fee Waiver and impose Admission Fee - Permittee DOB 6/30/49 (City Clerk Recommendation dated 10/21/92,. Rotary Letter dated 10/21/92) Miguel Raya - Request to Use Community Center - Wedding Reception - 1/2/93 - 2 p.m. to 8 p.m. - A/B - Security Paid - Permittee DOB 3/1/69 (City Clerk Recommendation dated 10/21/92, Application) U.S. Fish and Wildlife Service - Request to Use Riverview Park - "Pelican Island Day" - 3/14/93 (Staff Recommendation dated 10/22/92, Whitmore Letter dated 10/14/92) PRESENTATIONS - None MAYOR AND CITY coUNcIL MATTERS A. Mayor Lonnie R. Powell B. Mr. Frank Oberbeck C. Mrs. Carolyn Corum D. Dr. Peter R. Holyk E. ~r. ~e G. Reid CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD Approve Reappolntment of Charles Neuberger to Regular Member Position - Three Year Term to Expire 9/30/95 (Staff Recommendation dated 10/16/92, Six Applications) Approve Appointment of Jerald Smith to Regular Member Position - Unexpired Vacated by Gerald Carey - Term to 9/30/93 (See Above) Approve Appointment of Truman Smith to Alternate Concerned Citizen Position - Three Year Term to Expire 9/30/95 (See Above) 3 92.290 Approve Appointment of Nyra Enlow to Alternate Concerned Citizen Position - Three Year Term to Expire 9/30/95 (See Above) 15. OLD BUSINESS - None 16. NEW BUSINESS 92.291 Bid Waiver - GSA Price - Purchase Computer Software for Utility Billing (Staff Recommendation dated 10/21/92, Mentor Component Detail) 92.292 RESOLUTION NO. R-92-42 - Acceptance of South Fleming Street Right-of-Way and Improvements (Staff Recommendation dated 10/22/92, R-92-42, Warranty Agreement, Mosby Letter dated 9/29/92, City Engineer Memo dated 9/24/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF A PORTION OF THAT CERTAIN RIGHT-OF-WAY KNOWN AS THE SOUTH FLEMING STREET LOCATED WITHIN THAT CERTAIN SUBDIVISION KNOWN AS CHESSER'S GAP; ACCEPTING IMPROVEMENTS TO SAID RIGHT-OF-WAY FOR ALL PURPOSES; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS IN AND FOR INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 17. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is NOt Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 92.293 A. Mack R. Cobb - Manager, Aspen Whispering Palms - Present Petition - Request Indian River County to Remove Signs - Intersection of CR 512 and CR 510 (City Clerk Recommendation dated 10/21/92, Cobb Letter) 92.294 B. Fred Stieler - Present Petition - Request City of Sebastian to Cease Plans to Open Wave Street as Thoroughfare (City Clerk Recommendation dated 10/22/92, Stieler Letter) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISiON MADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 4 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: October 23, 1992 Mayor Powell, City Council Members, City Manager, and City Attorney Kathryn M. O'Halloran City Clerk adde___ndum to October 28___~, 1992 Re_~lar Mee~ Agent9 The following items were presented for placement on the October 28, 1992 agenda and were inadvertently omitted. In accordance with direction from the City Manager, we are enclosing backup for the items listed below to be added as an addendum to your agenda packet. Please insert the backup in your packet as indicated. Please accept our apologies for this error. Additional Consent Agenda items are as follows: 92.295 G. Lease of Personal Equipment and Software - Engineering Department - Direct City Attorney to Prepare Lease (Staff Recommendation dated 10/14/92) 92.296 H. Waiver of Bidding Procedure - Purchase 16.8 Tons of 14-0-4 Scotts Nitrogen/Potassium Fertilizer - Scoffs Fertilizer of Pompano Beach, FL - $13,702.50 (Staff Recommendation dated 10-14-92, GC Superintendent Memo dated 10/8/92, Scotts' Letter dated 9/23/92) 92.297 I. 92.298 J. Waiver of Bidding Procedure - State Contract Price - Purchase Five 1993 Chevrolet Caprice Classic Police Pursuit Vehicles - $57,888.75 (Staff Recommendation dated 10/14/92, Chief of Police Memo dated 10/9/92) Waiver of Bidding Procedure - GSA Contract Price - Purchase Hewlett-Packard III D Laser Printer - MICROAGE National - $2,174.26 Plus Shipping (Staff Recommendation dated 10/14/92, City Clerk Memo dated 10/14/92, NCR Proposal and Backup) One additional City Manager Matters item is as follows: 92.299 A. Add Purchase of Public Works 16 Foot Stake Body Dump Truck to 92/93 FY Budget and Proceed with Bidding Procedure (Staff Recommendation dated 10/13/92,. City Engineer Memo dated 10/13/92, Assistant Public Works Director Memo dated 10/13/92) A revised agenda will be prepared and distributed prior to the meeting. sam ~ WN~ Ve~e~a~e org recogniz~d'a~d.~8~ campaigh end Veterane~:~fld Buddy Poppie~ reflected ~o -Poppy Day~, contribut~ g of Buddy Buddy Poppy and women of defense of ~he ~re~of~;w~oh, American Citizens -'IN end affixed County, Flo~ida~ ATTEST-" ! 2.' ~th~ Of Sebai ~iOctobe~;. , % ...:: ":.~.. .i, . ,~,.,.'~ .. . ,. ,>~-~,, ,: · O~i~ ~Ii?'..' ,, :-. ~..:t~";. . :~he men ,, ·. ~.a~ .~., - hand R~ver 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 its 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, in3unctive relief, and revocation of licenses or permits. SECTION 5. FUTURE ADDITIONS AN__~D 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. 2 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 provisions of the Code. SECTION 7. EFFECTIVE DATE. This Ordinance and the Code shall become effective immediately upon the adoption of this Ordinance. 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 (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 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Waiver of Bidding Procedure for Tractor Purchase Approved for Submittal By: City Manager ~-~~4 Dept. Origin ENG/P Date Submitted 10-16-92 For Agenda o£ 10-28-92 Exhibits: EXPENDITURE AMOUNT REQUIRED: $ 16,545. BUDGETED- $41,000 APPROPRIATION REQUIRED: Public Works Department is requesting a waiver of bid to purchase the tractor to be used in conjuntion with the 3 gang flail mower which was budgeted through the county option gas tax fund. Sealed bids for the mower attachment will be opened on November 3rd, 1992. The tractor is currently on state contract through Ford New Holland. Pursuant to city code section 2-64 (j), "the city council may waive the bidding procedure on specific contract for good cause." Move to grant a waiver of bidding procedure and to authorize purchase of a tractor from Ford New Holland for a total cost of $16, 545. CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN TBE HATTER OF: CASE NO. 92-6531 Joseph and Nancy DiMalo 12! Brisbane Street Sebastian, FL 32958 LEGAL DESCRIPTION~ Lot 7, Block 450, SEBASTIAN HIGBLANDS UNIT il7, of Indian River County, Florida ORDER FINDING VIOLATION THiS CAUSE originally came to be heard after due Notice to the Respondent at a vlolatlon hearing conducted by the code Enforcement Board of the City of Sebastian on August 19, 1992. The Board after having heard testimony under oath, received evidence end heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact, Concluslon of Law and Order as follows~ FINDINGS OF FACT The Board determined upon the evidence presented that~ Violators parked a boat forward of the front line setback. CONCLUSIONS OF LAW The Code Enforcement Board concludes that the above-referenced individual was in violatlon of Chapter 20 A-5.16(c}(4) of The Land Development Code of the City of Sebastian, Indian River County, Florida. ORDER 1. Based upon the foregoing Finding of Facts, Conclusion of Law, it is hereby ordered that~ A fine of $50.00 be imposed and if not paid within ten (10) days of receipt of this notice, a llen should be recorded. 2. UPON COMPLIANCE, RESPONDENT SBALL NOTIFY THE CODE INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION OF TBE VIOLATION. 3. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to h~ar further evidence on the issue of compliance and to impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotified of a new compliance hearing, at which the Board will review the evidence and impose the fine provided herein if said violation is determined to have again occurred. 4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this ATTEST: Secretary' , 1992. Chairman Code Enforcement Hoard Nunc Pro Tunc CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY~ FLORIDA IN THE MATTER OF~ CASE NO. 92-6909 Mr. Herbert Sturm 549 Saunders Street Sebastian, FL 32958 LEGAL DESCRiPTIONt Lot 4, Block 62, SEBASTIAN HIGHLANDS ~2, of the Public Records of Indian River County, Florida. ORDER DRNYING NEW TRIAL AND BEARING THIS CAUSE originally came to be heard after due Notice to the Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on July 15, 1992. The Board after having heard testimony under oath, argument of counsel or respondent, Order dated July 23, 1992. Upon Motion for new trial and Hearing made by Herbert G. Sturm; The Code Enforcement Board of the City of Sebastian conducted a Hearing on August 19, 1992. The Board after hearing testimony under oath and hearing argument of counsel or respondent, if any, thereupon issued an Order as follows~ ORDER Based upon the Board's determination, it is hereby ordered that~ The motion for new trlal and Hearing for Case No. 92-6909 is denied. DONE AND ORDERED this /~ day of _~, 1992. received evidence and heard. if any, thereupon issued an Chairman Code Enforcement Board Nunc Pro Tunc ATTEST: Secret~ry CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: CASE NO. 92-6909 Mr. Berbert Sturm 549 Saunders Street Sebastian, FL 32958 LEGAL DHSCRIPTION~ Lot 4, Block 62, SEBASTIAN HIGHLANDS #2, of the Public Records of Indian River County, Florida. ORDER RESCINDING ORDER DATED JULY 23, 1992 THIS CAUSE origlnally came to be heard after due Notice to the Respondent at a vlolation hearing conducted by the Code Enforcement Board of the City of Sebastian on July 15, 1992~ The Board after having heard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issued an Order dated July 23, 1992. Upon Motion to rescind this Order dated September l, 1992 made by the City and after notice to Herbert Gf Sturm~ The Code Enforcement Board of the City of Sebastian conducted a Hearing on September 3, 1992. The Board after hearing testimony under oath and hearing argument of counsel or respondent, if any, thereupon issued an Order as follows~ Based upon the Board's determination, it is hereby ordered that: The Order dated July 23, 1992, Case No. 92-6909 is rescinded. DONE AND ORDERED this Vic® Chairman Code Enforcement Board Nunc Pro Tunc ATTE ST: ~e~:et~y/ CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: Hr. Herbert Sturm 549 Saunders Street Sebastian, FL 32958 LEGAL DESCRIPTION: CASE NO. 92-6909 Lot 4, Block 62, SEBASTIAN HIGELANDS #2, of the Public Records of Indian River County, Florida. ORDER FINDING VIOLATION THIS CAUSE originally came to be heard after due Notice to the Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on July 15, 1992. The Board after having heard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact, Conclusion of Law and Order as follows~ FINDINGS OF FACT The Board determined upon the evidence presented that~ Mr. Sturm in violation did not obtain a permit to modify swale. He modified swale affecting neighbors property. CONCLUSIONS OF LAW The Code Enforcement Board concludes that the above-referenced individual was in violation of Section ?~ Chapter 78 of The Code of Ordinances of the City of Sebastian, Indian River County, Florida. ~RDER 1. Based upon the foregoing Finding-of Facts, Conclusion of Law, it is hereby ordered that: Mr. Sturm is fined $250.00 and he must comply with City Ordinance by obtaining a permit and correcting the swale. If he does not comply within thirty days of receipt of this notice, a fine of $100.00 a day is imposed. 2. UPON COMPLIANCEv RESPONDENT SHALL NOTIFY THE CODE INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEHENT bOARD AS TO CORRECTION OF THE VIOLATION. 3. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance and to impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotifled of a new compliance hearing, at which the Board will review the evidence and impose the fine provided herein if said violation is determined to have again occurred. 4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WEICH THE VIOLATION EXISTS, OR iF YOU DO NOT OWN TEE PROPERTY, THEN AGAINST ANY REAL OR PERSONAL PROPERTY WHICE YOU DO OWN. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN TEE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this day of~ 1992. Chairman Code Enforcement Board Nunc Pro Tunc ATTEST Secretary CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA IN TEE MATTER OF~ CASE NO. 92-6993' Vernon & Nancy Slavens 821 Jamaica Avenue Sebastian, FL 32958 LEGAL DESCRIPTION, Lot 11, Block 146, of SEBASTIAN HIGHLANDS UNIT t3, of Indian River County, Florida ORDER FINDING VIOLATION THIS CAUSE originally came to be heard after due Notice to the Respondent at a violation hearing conducted by the Code Enforcement Board of the City of Sebastian on August 19, 1992. The Board after having heard testimony under oath, received evidence and heard argument of counsel or respondent, if any, thereupon issues its Finding of Fact, Conclusion of Law and Order as follows; FINDINGS OF FACT The Board determined upon the evidence presented that; Mr. Slavens was operating a business at the above location without an occupatlonal llcense. CONCLUSIONS OF LAW The Code. Enforcement Board concludes that the above-referenced individual was in violation of Chapter 14-3 of The Code of Ordinances of the City of Sebastian, indian River County, Florida. 1. Based upon the foregoing Finding of Facts, Conclusion of Law, it is hereby ordered that: A fine of $250.00 be imposed. 2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY TSE CODE INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION OF THE VIOLATION. 3. If Respondent causes a reoccurrence of the violation, this Board shall reconvene in the Council Chambers to hear further evidence on the issue of compliance and to impose a fine of up to the maximum amount of $500.00 per day for each day the violation continues. In the event of a future violation of this order after the aforementioned date, Respondent shall be renotified of a new compliance hearing, et which the Board will review the evidence and impose the fine provided herein if said violation is determined to have again occurred. 4, TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPHRTY, THEN AGAINST ANY REAL OR PHRSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUHD NONCOMPLIANCE CAN RESULT IN FORSCLOSURB, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERHD this day of (~ , 1992. ~hai.~an Code Hnforcement Board Nunc Pro Tunc ATTEST: Secreta~ · City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: Rotary Club Request for Use of Community Center - Thanksgiving Turkey Raffle APPROVED FOR SUBMITTAL BY: City Manager:j~ ~ ) Dept. Origin city Clerk~'0- ) ) Date Submitted 10/21/92 ) ) For Agenda Of 10/28/92 ) ) Exhibits: Rotary Letter dated 10/21/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Rotary Club is requesting use of the Community Center on Thursday, November 21, 1992 for a Thanksgiving turkey raffle and 50's/60's dance to benefit North Indian River County needy. The club is requesting approval for waiver of the rental fee, use of alcoholic beverages, and imposition of an admission fee. In accordance with Resolution No. R-89-20, those items must be approved by City Council. According to our records, City Council waived the full rental fee and approved use of alcoholic beverages for the Rotary Club turkey raffle held at the Community Center on November 16, 1991. RECOMMENDED ACTION Move to approve use of the Community Center by the Sebastian Rotary Club on November 21, 1992 for a turkey raffle, to benefit North Indian River County needy, as requested in its letter dated October 21, 1992. Sebastian Rotary Club Sebastian, Florida October 21, 1992 Sebastian City Council SUBJECT: Community Center, Waiver of Rental Fee, Serving of Alchoholic beverage. The Rotary Club of Sebastian last year held a Thanksgiving Turkey Raffle at the Community Center in Sebastian. The profits of the raffle will be used to provide holiday meals, clothing and other essentials for North Indian River County needy. This has been an extremely successful annual charitable event with the benefits accruing to those of the greatest need in our immediate area. The nature of the event will be a 50's and 60's dance hosted by "Captain Boomer" as disc jockey. Turkey and accessories, beer, and dance admission is included in the $7.50 per person admission, and is tentatively scheduled for Saturday, November 21, 1992 from 6:00 P.M. to Midnight, subject to your approval. Since the intent is to provide a charitable benefit to those of our own in need over the holiday season, we respectfully request waiver of the rental fee, as has been the case in the past. Sebastian Rotary Club respectfully requests your approval of the Community Center by the Sebastian Rotary Club for a Thanksgiving Charitable benefit drive on Saturday, November 21, 1992, waive the rental fee as requested, and grant permission to serve alchoholic beverages (beer). Sincerely, Michael L. Hudkins, Treasurer Sebastian Rotary Club CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Nm~ber of P~on: con:tituting ~up or org~ization: ~e~ ~: ALL ~XONS ARE LXMXTED TO 6 HOURS) Please unmr YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverages be served? (a) If answer to 15 is yes- pemittee's proof of aoe {JCU-/)~tto ~-~ (~,~2o ]~-,~' (b) If alcohol is to be served, permission is requ_ired by the City Council. }our ~equest will be presented to Council on Amount of Rental ~,,.j~ ~ ~ 7% Tax: -' Security Deposit: $ ~. ~ Total Rental: % Address of Permittee: '~O} ,l~a...~C).~.~ .D~.,k_~ Telephone No.: DateI' ' of Application Make checks payable to: CITY OF SEBASTIAN APPROVED / DISAPPROVED TO BIC l~T~v~n~ ~1 BY C%T~ (~EP_,C'e OFl~ Se~rity Deposit paid on /~-.~/-?.a_ (date) in the amount of or Cash initial Rental Fee paid on (date) in the amount of ~ c~,~, , or Cash initial Alcoholic Beverage Request heard at the Council Meetino on (date). Request APPROVED / DENIED. Fee Waiver Request heard at the Council Meetin~ on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on in the (date) City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Raya - Wedding Reception Approved For Submittal By: City Manager ) ) ) 2 2 ) ) ) ) Agenda No. ~['7, o(~~''''' Dept. Origin City Clerk~ Date Submitted 10/20/92 For Agenda Of 10/28/92 Exhibits: Rental Permit Application dated 10/20/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Miguel Raya for use of the Yacht Club for a Wedding Reception on January 2, 1993 between the hours of 2:00 P.M. and 7:00 P.M. They are requesting the use of alcohol at this event. RECOMMENDED ACTION Move to approve request for the use of alcohol for requested date with standard conditions. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Number of Persons constituting ~roup or organization: Reason for R~ntal(L/¢~__z~ ./y_ ,~_~z~:<~,t Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? ~ 4) Will there be an admission or door charge?/~ ~ 5) Will alcoholic beverages be served? //3(2// (a) If answer to IS is yes- ~/ - permittee's proof of age ~- / - ~..~ (b). If alcohol is to be served, permission is reclu_ired .by the City Council. Your request viii be presented to Council on Amount of Rental Security Deposit: 7t Tax: Total Rental: Telephone ~o.:--~/: ~?~ Date of Application '/o-~o-~ Make checks payable to: CIW OF S~TI~ APPROVED / DISAPPROVED City Clerk Security Deposit paid on /~-~o-~ ~ (date) in the ~unt of ~ ~. ~ b, ~ or Cash (' i~tial ~ ' Rental Fee paid on by Check # Alcoholic Beverage Request heard at /o -,,~f -W ~ (date). (date) in the amount of or Cash initial the Council MeetinQ on Request APPROVED / DENIED. Fee Waiver Request heard at the Council Meetin_~ on (date). Request APPROVED / DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check 4 amount of on in the '(date) City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: REQUEST FROM FISH AND WILDLIFE SERVICE TO UTILIZE RIVERVIEW PARK Approved For Submittal By: City Manager ~ ~ Agenda Number: ~'~ Dept. Origin: Commun. it~. Devel°Pment..~,/ Date Submitted: 10~.22/92 (BC,~ For Agenda Of, 10/2.8/9,..2 Exhibits: 1. Letter dated 10/14/92 from Dorn Whitmore EXPENDITURE REQUIRED, AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Fish and Wildlife Service is requesting permission from the City Council to utilize the Riverview Park on March 14, 1993 to celebrate "Pelican Island Day". The proposed event would house temporary booths, exhibits, art work, and photographs for display. Staff has no objections subject to the following conditions: 1. $100.00 security deposit, 2. No vehicles within the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entrance ways. 6. The sale of premanufactured items is prohibited. 7. Applicant must contact the Health Department regarding the sale of food. RECOMMENDED ACTION Move to approve the request from Fish and Wildlife Service to utilize Riverview Park on March 14. 1993 subject to the following: 1. $100.OO security deposit. 2. No vehicles within the park. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUB3ECT: Lease of Personal Computer Equipment - Enginoering Approved for Submittal By: City Manager ~/-"'~~' Agenda No. Dept. Origin Date Submitted: For Agenda Of Exhibits: Finance (MLI-I) 10-14-92 10-28-92 none Expenditure Amount Appropriation Required: -0- Budget~l: 4)- Required: SUMMARY STATEMENT The work product of the engineering department could be greatly enhanced with use of sophisticated computer equipment, plotting equipment, and Computer Aided Design (CAD) systems. Unfortunately, such equipment and technical software is extremely expensive. The City engineer personally owns this type of equipment and technical software and would be benefitted if he were able to use this equipment in the engineering department. The fair market value of the hardware and software would exceed $25,000. The engineer has agreed to lease the equipment and software to the city for an annual fee of $1 plus the cost of upgrading the software as improvements become available. (Est. $500 to $1,000 per year). Of course, the City should insure the equipment and software and provide other such protection in terms as would be prudent. RECOMMENDED ACTION Approve the concept of leasing the equipment and software from the engineer, approve the insuring of the equipment when leased, and direct the City Attorney to prepare a lease to reflect the above terms. City of Sebastian POST OFFICE BOY, 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~ FAX (4071 589-5570 SUB3ECT: Waiver of Bidding Procedure for Fertilizer Purchase ~ Approved For Submittal By: C~tY ~anager ------~' ) ) Agenda No. Dept. or,gin Date submitted For Agenda of ExhibitS: ~emo from GC superintendent Letter from ScottS Prolurf ~ 50 BUDGETED: $85,000.00 REquIRED: $13,702. ~--------- REQUIRED: ~of the bidding procedure on the - -14 ScottS blitrogen / · tendent reque tons of 14 O. 'ns Poly-S and -- ~ Course super~nj ~_...~+ lenths ([6:B)_._.~ lhis mx conta~ lne ?u.- A~ Sixteen aha ~L~'_~?= ,.,~ednraSS ~on~-~-. purchase u~_.+~lizer plus /ur~ -~ = emergence herbicide- Potassium~-~' combinedwith Pt~efert~lizer of Pompano Beach ,s the area ~endimeth~lin and ~s ~nd they also h~ve exclusive rights to granular . . Scot nd ~dequ . ouncil m~Y ~oly-S is p~tented by ScottS ~te funds are budgeted . ~ ' 'n fert~l}z~r. .~ ~13,702.50 ~ .. ,~ "The c~tY c ..... ~ represeq~,'~' Pursuant to c,~ .- shall not oe '??f ~.. source on,~ · and ~va~l~lt5~- ~rocedure as ~s_~n~bleness trom ~-~ ~-~..~ the ~iou,-~ - _~ ~o~mercla~ ~- wa~.~ as a matter u. ~ ~ of sixteen ottS ~itrogen/Potassium fertilizer ~ove to grant a waiver of bidding procedure and authori[e the purchase and eight tenths [16.8) tons of 1A-0-14 S? ....... ~ Pom ano Beach, Florida ir h turf weedgrass control from scottS Fertilize- ~' P wit _ _= ¢lq 702.50. the amount o] ~-~, City of Sebastian POST OFFICE BOX 780127 r3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 October 8, 1992 TO: Robb NcClary City Hanager ~RO~: Chris MCCarthy Colf COUrse Superint~nt VIA: 31m DeLarme Colfl Course Pro Hanag~ RE: Waiver of bJd Procedure for fertilizer PUrchase I WOuld l~ke to waive the b chas? 16.8 tons o ' ?e~tzlizer .~ ¢ 14-0-14 zd Procedu _ t' · Plu~ Tu~; Scott,s Zlzzer COmbined w trOge /Pgtas mix ~W~edgrass Copt ~ i m COntains POly_s and Pendim= "~ ne2bzCZde. enthalin. The Poly_s is a S/ow release Poly encapsulated fertilizer that is Patented by Scott,s. They also have exclusive rights to granular Pendimenthalin in fertilizer. I have att- ached a letter confirming this. Scott,s fertilizer POmPano Beach, El. is the Scott,s representative in this area. The total cost of this PUrchase W~ll be $13,702.50. Half o¢ this cost Will be for fertilizer and the Other half ?or Chemicals. If You have any ques- tS°ns COncerning this, Please contact me. The $cotts Compan3~ anti Sul~Mdiarie. s September 23, 1992 ProTur , Sebastian Golf Course Attn: Chris McCarthy P. O. Box 780127 Sebastian, FL 32928-0127 Dear Chris: Over the last three decades, Scotts has developed and commercialized a line of professional turf products, many of which are unique to the industry. Examples include: Granular Pendtmethalin products -Scotts has exclusive rights to this active ingredient for use in dry-applied pre-emergence products for turf. POLY-S TM (Scotts Slow-Release Polymer-encapsulated Fertilfzer) - This technology, which is used to produce an array of ProTurf products, is covered under U.S. patents 3,g30,742;4,066,441 and can not be duplicated by others. A product which incorporates both the POLY-S fertilizer and Pendimethalin is Scotts 14-0~14 Nitrogen/Potassium Fertilizer Plus Turf Weedgrass Control -- Stock #8633. I've enclosed a specification sheet for this product to provide some general information. Should you have additional questions, please feel free to call our local technical representative, Erik Thor. Erik's number is 305-781-6944. Thank you for your interest in Scotts products. Sincerely, JG/tmw enc. The Q, M. Scott & Sons Company · Hyponex Corporation * 14111 SCOtt$1awn Road * Marysvill~ OH 43041 * (513) 644.0011 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT= Waiver of Bidding Procedure for Police Vehicle Purchase Approved For Submittal By: City Manager ) ) ) ) ) ), ) ) ) ) ) ) Agenda No. Dept. Origin Date Submitted For Agenda of Finance (LWN) 10-14-92 10-28-92 Exhibits: Memo from Chief of Police EXPENDITURE REQUIRED: $57,888.75 AMOUNT BUDGETED: $75,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Five (5) new 1993 police package vehicles are budgeted in the fiscal '93 Capital Improvements Fund at an estimated cost of $15,000.00 each for a total cost of $75,000.00. The State Contract price from Ford Motor Company for the ~93 Crown Victoria with comparable equipment is $12,618.00. However, Ed Morse Chevrolet, Inc. of Lauderhill, Florida is offering the 1993 Chevrolet Caprice Classic pursuit vehicles at a cost of $11,577.75 each for a total purchase price of $57,888.75. The cost per unit for the '92 Caprices was $12,471.00. 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 to authorize the purchase of five (5) 1993 Chevrolet Caprice Classic police pursuit vehicles from Ed Morse Chevrolet, Inc. of Lauderhill at a cost of $11,577.75 each for a total cost of $57,888.75. SEBASTIAN POLICE DEPARTMENT Earle L. Petty, Chief of Police Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 ~MORAND UM DATE: TO: FROM: SUBJECT: October 9, 1992 Robert S. McClary, city Manager Earle L. Petty, Chief of Pol~ Request for Waiver of Bidding Procedure I am requesting authorization for waiver of bidding procedure to purchase five (5), 1993 Chevrolet caprice Classic pursuit vehicles. If approved these vehicles would be purchased from Ed Morse Chevrolet Inc., 1640 North State Road 7 (441), Lauderhill, Florida 33313, phone number (305) 777-7753, Fax (305 777- 7738, contact person in fleet sales is George V. Druzbik. The quoted purchase price per unit is $11,577.75, which is well below the current state contract price. The current quoted price for a comparable equipped 1993 Ford Crown Victoria from Duvall Ford, Jacksonville, is $12,618.00. It is my recommendation that we purchase the Chevrolet Caprice Classic police package vehicle because of the availability and the current low fleet purchase price. EP/jh City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBIECT: Purchase of HPIIID printer Waiver of bidding procedure Approved for Submittal By: City Manager ~ ) Dept. Origin Finance (MLH) ) ) Date Submitted: October 14, 1992 ) ) For Agenda Of October 28, 1992 ) ) Exhibits: Memo from City Clerk, ) Original requisition, back- ) up from NCR Corp. Expenditure Amount Required: $2,200 Budgeted: Appropriation $4,000 Required: 4)- SUMMARY STATEMENT The City Clerk requests a waiver of bidding procedure on the purchase of a Hewlett- Packard III D (duplexing) laser printer. Currently, GA Computer Products of Albany, NY has the State of Florida GSA contract for Hewlett-Packard Printers. The GSA contract number is 250-040-92-1. The retail price of the printer is $3,595 and the GSA contract price is $2,225.31. Finance has been able to obtain a price from MICROAGE National for $2,174.26, or a price less than the GSA contract price. Pursuant to City Code Section 2-64(j), the City Council may waive the bidding procedure on a specific contract for good cause. RE£OMME~ED ACTION Grant a waiver of bidding procedure and authorize the purchase of a Hewlett-Packard iii D laser printer from MICROAGE National in the amount of $2,174.26 plus shipping. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 TO: FROM: SUBJECT: DATE: Robb McClary, City Manager _~.~ Kay O'Halloran, City Cler~n' HP LaserJet Printer October 14, 1992 I am attaching copies of the request I made for a HP Laserjet Printer. After discussing this purchase with you and the Finance Director I can not, in all good conscience, continue this request. This has not been an easy decision for me to reach; however, it is a decision based on the facts after speaking at length to the Finance Director. I agree with him that an additional cost of "$1,300" for this printer is extreme. I would appreciate it if the Finance Director would go ahead and arrange for the purchase and installation of the HP LaserJet Printer at a savings to the City of $1,300.00. Thank you for your cooperation. KO:is attachment EMERGENCY PURCHASE DATE REQUIRED DATE SUBMII'TED: 1. Department C .... y Cl,.erk ?_ Individual Requesting Kay 0 ' Ealloran 3. Department Head (,pproval) ~' ~.~-ff 4, Final Approval 5. Disapproved (return to r~uestor) CiTY OF SEBASTIAN 1225 Main Street P.O. Sox 780127 Sebastian, FL 32978-0127 REQUISITION ROUTING ...... 6. Work/Job # 7. Acct. NO. 8, Purchase Order NO. 9. Stock Item 10. Immediate Use Funds Available Funds Not-Available ...... Budgeted --, Not Budg~ed ,~ (For Finance Office Use Only) ......... SUGGE~FED VENDOR .... --~--_- ~.:- -~CR_C°r°°rati°n - Attention: Bob Mauring 601 Clearwater Park Rd. ADDR_~, . , ............. CiTYo~TATE West_ Pa.l_m Beach, Flo._rida .... Zip, 33401 ITEM DESCRIPTION QUANTITY ~ TOTAL LINE RL PRODUCT ID DESCRIPTION 0001 BS CUST-SVCS-PROD CUSTOMER SERVICES PRODU(:TS 1 3595.00 3595.00 0002 BG 1684-G001-0000 SYSTEM INTEGRATION 0003 CW 9152-CUST-9749 EP LASERJET IIID PRINTE! INCLUDES: SHIPPING, PIARDWARE INSTALL, INTEGRATION INTO NETWORK SOFT- WARE, AND LEGAL PAPER TRAY. MMol 2/79 (Rev. 1,87) Gold (,a~, co,y)retained by redue~tor ~o~. ~ ~' OCt 07 '~2 1G:01 NCR CORPORATION WPB P.2 . ~ PRODUCT AND SERVICES SALE ORDER RECORD PAGE ~ OF 2 lOl~ER IIUNBER I [~cr mSF£m~"~'kUmSEa I [TRACER NU#BER] 00004407 ~ ]0/07/92 SOLD TO CU.TIONER .U.SErli RTLL 'fO CUsTONER II CITY OF SEBASTIAN I2522791]l CITY OF SEB~TZAN 1252279! CItY CLERKS OFFICE Il City CLERKS OFFICE lzzs ~I. ST 4oT-see-s33oll' 1225 HAIN ST 407,-589-$330 SEBASTIAN FL ~as~a1lSEBASTIAN FL 329?8 NUNBER: $H[P TO CUSTO#ER NU#BER CITY OF SEBASTIAN 12522791 CITY CLERKS-OFFICE 1225 )lAiN ST 407-589-5330 SEBASTIAN FL 32978 CUSTONER AGREES TO BUY OR LJCENSE AND NCR, ON ACCEPTANCE, AGREES TO FUIUIISH THE FOLLOWING PRODUCTS AND SERVICES. ZNTHE EVENT OF A PRiCE [NCRER~E, CONTRACTED PR[CES N~EGUANANTEEOt~IEN SUCH EQUIPNENTAND RELATED SOFTWARE ARE Ilfl/OICEi) ¥ITHI# 120 DAYS OF THE PR[CE INCREASE EFFECTIVE DATE. LINE '000i 0002 0003 0005 RLi PRO.CT I0 j ..... OESCRIPTION 8~ CUST-SVCS-PRO0 CUSTOMER S£RVlCES PRODUCTS a~ 1684-G00]-0000 HENLE'rT PACKARD GROUP AH HEWL-PACK-O000 HEWI. ErT PACKARD PRODUCTS ~1~7-3459-000~ C~9152'CUST-9749 INSTALLATION AND TESTING *~ INCLUDES: FREiGH[. UNBOXIN6 AND PHYSICAL *~N[TH THE NETWORK. NUDIFICATION OF USER'S ~.IAPPLXCATION$'TO UTILIZE TH( PRINTER'S ~]'¢£AT~-~kCT]Oks~--~O-~-X~[~-~ **ITH£ IqANUFACTURERS #ARRANTE£ TO "ON-SITE" **JSERVICE AS OPPOSEO TO "DEPOT" SERVICE.' I ] PRICE U~l/ lx~nd~d License Fee LII~Fet 2895.00 2895.00 700.00 ?00.00 3595.00 We take euetomer eaiiafa~ian pemomdly. F-8730 0491 SUBJECT: City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Dump Truck Purchase ) ) ) ) Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted ENG/PW ~ 10-13-92 For Agenda of 10-2~-92 Exhibits: Dealer Fax Memo Jerry Thomas 10-13-92 Memo City Engineer 10-13-92 EXPENDITURE AMOUNT' REQUIRED: $ 26,000. BUDGETED: APPROPRIATION REQUIRED: Public Works Department is requesting a 16 foot stake body dump truck that was eliminated from the budget. It has been our experience that this has caused some time delays in completing projects in an efficient manner. At the budget workshop hearings of the four trucks that Public Works has, one truck is used for the water truck, another truck is used for the asphalt pot hole patch crew and the other two trucks are used for hauling trash and debris. Because of special requests for the food run and inmate labor force, one of our trucks is being used for other services and not for Public Works hauling trash or fill. Review Assistant Public Works Director memo, City Engineers memo and move to approve the purchase of a 16 foot stake body dump truck. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE; October 13, 1992 TO: FROM: RE: Daniel C. Eckis, City Engineer/Public Works Director Jerry Thomas~ Assistant Pu~i~ works Director Request to purchase one 16" Stake Body Dump Truck Public Works Department is in need of a 16° stake body dump truck to complete projects in a timely manner. At present in our fleet we have one such truck that mainly hauls trash in our ditch cleaning operations. With the implementation of the Indian River County Correction Crews hand cleaning our ditches which requires the City to supply a truck to haul the debris and also the Food Run that requires us to go to Wabasso to pick up the surplus commodities for the senior citizens and deliver them to the City of Sebastian it leaves us very short in many cases. This equipment would allow us to complete our daily tasks more efficiently. Stake.doc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE; October 13, 1992 TO: FROM: Mayor and City Council Daniel C. Eckis, P-~9 City Engineer/PublicW~rks Director THROUGH: Robert S. Mcclary City Manager RE: 16 foot Stake Body Dump Truck The Public Works Department desperately needs a 16 foot stake body dump truck to keep at least two project continuing simultaneously. Public Works had made a request for the additional dump truck, however, during the Budget Hearing°s I was unable to justify the need for an additional dump truck, This was because the City council was under the impression that three of the four dump trucks that were available to Public Works were being used for hauling trash and ditch cleaning purposes. However, I had failed to recognize that of the four dump trucks that one was used for the water truck and another one was being used for asphalt leaving only two trucks for hauling trash and fill. The Public Works Department would be able to function with just the two dump trucks. However, the efficiency of only two trucks cannot support two projects at one time. The problems that Public Works has experienced so far this year is: 1) Once a month a truck is used for Food Run to go to Wabasso and Pick up supplies and deliver them to the Church. 2) The Indian River county Correctional Inmate labor force requires a truck to remove debris from the drainage ditches. When we have a project such as Barber Street at least two dump trucks are needed at all times to keep the operation moving smoothly and efficiently without having a backhoe operator sitting idol. To this end, we are respectively requesting that city council Members understand the need for an additional dump truck and grant its purchase. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589*5570 SUBJECT: APPOINTMENTS TO THE SEBASTIAN CONSTRUCTION BOARD Approved For Su~al By: City Manager _/~__~_~~~ Agenda Number: Dept. Origin: Community_Development_ ~r~ ...... (BC~' Date Submitted: 10/16/9~,. For Agenda Of: 10/28/92 Exhibits: Applications for: Wm. T. Kelley, Charles C. Neuberger, Jr., Richard Grebe, Nyra M. Enlow, Jerald E. Smith, Sr., and Truman Smith. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of 10/13/92, the Sebastian Construction Board approved motions to recommend to City Council the reappointment of' Charles Neuberger as a regular member (Electrical Contractor). The reappointment of' Wm. Kelley, concerned citizen, failed due to poor attendance. Motions were also approved to recommend Jerald Smith, (Specialty Contractor) as a regular member, Truman Smith, (Electrical/HARV Contractor) as an alternate concerned citizen and Nyra Enlow as an alternate concerned citizen. These appointments would fill all available positions. RECOMMENDED ACTION BY THE CONSTRUCTION BOARD Move to approve the reappointment of Charles Neuberger as a regular member fora three year. term to expire 9/30/95. Move also to approve the appointments of Jerald Smith, regular member to fill the unexpired term of' Gerald Carey, term expiring 9/30/93 and Truman Smith, alternate concerned citizen and Nyra Enlow, alternate concerned citizen, beth for a three year term to expire 9/30/95. SEBASTLA POLICE DEPAI TM ENT Eerie L. Petty. Chle! o! Police MEMUI1/~NDUM Post Office Box 780127 Sebasllan, FL 32978-0t27 (407) 589-5~.33 DAlE : iU : FRLiq : SUBJECT : f~ check August 5, 1992 Kathryn O'Halloran, City Clerk [nvestlgator McCarthy Want~arrant [hack - Apdttcant William T. Kelley for wants/warrants for the above referenced apollcant/board member reveal that: ~ No actlve wm,l or warrant for .subject Is on rile. ( ) /~n active warrant or want does exist and follow up will occur. IhVest lgaq~or - ~ Sebastian Police Deoartn,.,nt d/ . 3. 4. 5. 6. 7. 8. 9. HOME ADDRESS: qT'~.O /'/& ~ t~/~-. HOME T~L~PHONE: ~ ~/--/~ ~ ~ DelVERS nXCSNSS ~SR: ~ gOO .SS~ 0~ SnUC~TmON ~ ZXPSSmSNCS: ~ ~ / J (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. Are you a resident of the City? Yes.. No ~, 12. Length of Residency 13. 14. 15. 16. Do you hold a public office? Yes .... No ~: Do you serve on a City Board at present? Yes ~ No PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE .... *CODE ENFORCEMENT BOARD ~ *CONSTRUCTION BOARD ~ *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve on this board? 17. What reasons do you have for wishing to serve on an advisory board? 18..Have you ever been convicted of any felony or any m~sd~.eanor involving moral turpitude in this or any state? =~.,,., . :~ Yes No 19...~'.W~uld you consider serving on another Board ot~er than the one(~s) you selected above? Yes No~___ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant $ig~a~ure ~ Subscribed and sworn to before me this,~/>~day~ of ~/~ 19~ by ~J,//,~ ~-~¢~ w~o is person~l'lyqcnown to me or has produced ~]~' ~~ ~,=~s~ as identification. ( SE~L ) State of Florida Name of Notary (Printed or T~pe'd") \ws-form\application L SEI}ASTIAN POLICE D.EI~A I{TM ENT Fade L Petty, Chief of Police MEMUR/~NDUM DfTIE : IU : FI1LIN : SUB, lEEr : 07-07-92 Kathryn M. O'Halloran, City Clerk Investigator Gary McCarthy Want/Wa[[ant U,eck - /~plillcant Charles C. Neuberger,Jr, A check for wanls/warranLs rot the above referenced ap[dlcant/b.nard .e~i~er reveal tidaL: ~ No active wa,,t or wa~ant for.subJect Is on file. ( ) An active war[ant ~}r want does exist anti follow up w111 occur. nlnv~EF~[6r ' ~ Sebast.lan Police Deuartnent dditional sheets if necessary or submit resume if available) 10. 11. 12. 13. voter registration no. ,~ Ar~ you a resident of the City? Length of Residency Do you hold a public office? Yes~W'No Yes 14. 15. Do you serve on a City Board at present? Yes~- No PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING~~ HANDICAPPED COMMITTEE~ _____ What qualif£c~tion~,d~,.~o~ h~ve to serv~ on this board? 16. /. p tude in this or any state? Yes No~~/ 18. Would you consider serving on another Board other tha~ the one(s) you selected above? Yes No ~/ I hereby certify that I am quallf~ed'%~ hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all. information which I. have provided in..this application. I understand that any misrepresentation or omission of information requested in this application is"oause for disqualification or removal. .' · I understand that the City council 6f ~he city of SEBASTIAN may suspend or remove from office any. municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or.permanent inability to perform his official duties. Further, I dnderstand that the City Council may suspend .any municipaI board member who is arrested for a felony or for a misdemeanor related to the duties of his office.or who is indicated or. informed against for the co,.mmisSion ~f any felo~y or misdemeanor. "' '. I hereby authorize the Sebastian Police D tment to run an active warrant check on me. ~ =v~zc8/~~ _ Applicant Signatur7 Subscribedpnd sworn to before me this~ da of ~m~or has _2_~' z ~=~mcr~j~ ~ iS ~er~allv~ (SEAL) \ws- form\ appl ic ation Not~ PuSlic, State of ~9~ida' Nam~~ed ) , Co ,mini ~ SEBASTIAN POLICE Earle L. Pelly. Chle{ of Police Post Office Box 700127 Sebastian, FL 32976-0127 (407) $09-5233 MEMURANDUM Df~IE : 1U : FR~ : SUBJECT : September 2~, 1992 Kathryn O'Halloran Investlgator Gary McCarthy Want~arrant ~heck - ~pdllcant Richard Grebe a check for wants/warrants rot the above referenced applicant/board member reveal that: ~ No active want or warrant rot.subject Js on file. ( ) An active warrant or want does exist and follow up will occur. InvestI~fit0t Sebastian Police t~epart0,,.nt - . 3. 4. 5. 6. 7. SEP 2 5 1W2 APPLICATION TO SERVE ON CITY BOARD ! HOME ADDed. SS: //17 ~¢~ ~ ~7-- HOME TELEPHONE: BUSINESS: ~~~, BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER:~6~/-~/~/ 8. DRIVERS LICENSE NUMBER: 9. RESUME OF EDUCATION AND EXPERIENCE: /~,4:.~.?~Z~ .~.~.~6r ~~ (use additional sheets if necessary or submit resume if available) 10. ll. 12. 13. 14. voter registration no. · Are you a resident of the City? Length of Residency Do you hold a public office? Do you serve on a City Board at present? Yes ~No Yes Yes No L~/ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ~. *CONSTRUCTION BOARD __L_ *PLANNING AND ZONING HANDICAPPED COMMITTEE ~ 16. What .qualificatigns do you have to serve on. this board? / / / J 17. What reasons do yb~"~'v~.' for wishing to serve on an advisory board? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No 19. Would you consider serving on another Board other than the one(s) you selected above? Yes No I hereby certify that I am qualified to hold the position for which, thi~application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all' information which I have provided in this application. 'understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed and.sworn to before me this~/~, day of ~ 19f_~ by /~/C~W~ ~r~ ,"who is perso known to me or has produced as identification. (SEAL) \ws~form\application Not~'Public, State of ~rida Name of Notary (Printed or TyDe~) SEBASTIAN POLICE D EPARTM F. NT Eerie L. Polly. Chief of Police Office Box 78012? (407) $89-5233 MEMURRNDUM DfilE : 1U : FRLiM : SUBJE£[ : September 29, 1992 Kathryn M. O'Halloran, City Clerk Investlgat0r Gary McCarthy Want/Warrant Check - Apdltcant NyraMarie Enlow check for wants/warrants rot the above referenced apDltcant/board ne~Oer reveal that: ~ No active want or warrant for.subject ls on file. ) An active warrant or want does exist and follow up will occur. InvestigatOr ~ ~ ~ Sebastian Police Deuartnent~ ~P ~ 9 199~, HOME ADDRESS: APPLICATION TO SERVE ON CITY BOARD HOME TELEPHONE 4. BUSINESS: ----- 5. BUSINESS ADDRESS: ----- 7. 8. 9. BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: ~6~*~%*-~O~ . DRIVERS L~CENSE NUt. ER: &--~40- ~5~- ~3- ~Sq RESUME OF EDUCATION AND EXPERIENCE:~/~ o_,~...~ (use additional sheets if necessary or submit resume if available) Voter registration no. ~d~_~v~ ~ ~..~.~~ ~~ {~ ~ Yes ~ No 10. 11. 12. 13. 14. Are you a resident of the City? Length of Residency 5 ~--~ Do you hold a Dublic office? Yes__ No ~/ Do you serve on a City Board at present? Yes__ No 15. PLEAS~ CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD ~ *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? =easons~d~.you..ha~ fo~ wishing to serve on an advisory 17. What board~_. .' ' ..... ,,~.~~~ . , ___.. ~ I 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No.,/ 19. Would you consider serving on another Board other than the one(s) you selected above? Yes No / I hereby certify that. I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I, understand that any misrepresentation or omission of information requested in this application is cause.for disqualification or removal. I understand that the City coUncil of the City of SEBASTIAR may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I'hereby authorize the Seba~tian Police Department to run an active warrant check on me. Applicant' Signature Subscribed and sworn to before me this ~-~ day of~, 19 , by ,' is persona l¥ known to me or has ~roduced as identification. (SEAL) \ws-form\application ~ u lic, State of ~Orid~ SEIIASTIA_N PO~LiCE DI,,PAR:TM ENT Emlo k. Polly, Chic! o! Police Sebastian, FL 32gzo-Ot2 MEMUllANUUM DAlE : IU : FR~ : SLU~CI: October 7, 1992 Kgthryn M. O'Halloran, City Clerk Investigator Gary McCarthy Want/Warrant £heck - apollcant 3erald E. Smith,_Sr. A check For wants/warrants For tile above referenced apullcant/board nenOer reveal that: ~ No active want or warrant For.subJect Is on File. ( ) An active warrant or want does exist and follow up will occur. Sebastian Police Deuartnent PPLICATION TO SERVE ON CiTY BOAR__D 2, 3. 4. 5. 6. 7. 8. 9. NAME: J~r~ 1 ~ ~. ~qm~Lh, Sr. HOME ADDRESS: .q406 126th Ave, Fellsmere, .FL 32948 HOME TELEPHONE: 405 571-0438 .... i:~;- BUSINESS ADDRESS: ~Q~ l~ j,_ ~.s%jan,~ . __. "-:' ~5'23% BUS[NESS T~LEPHONE: 407 589-6818 . . ~5<~*'~ DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: Attended public school in Massachusetts and have work in %he construction ind.u, stry.for 35 years. (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. 15. Voter registration no. Are you a resident of the City? Length of Residency Do you hold a public office? Yes No~ Yes No ~ Do you serve on a City Board at 9resent? Yes__ No~ PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD ~ *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? ~ bavg_~nL~nvolved in .the construction industry for most of my life. I am a licensed tile contractor and own and oDeratea ceram~g tile and floorcoverin~ busines in the City of Sebastian. 17. What reasons do you have for wishing to serve on an advisory board? As a business owner in the City of Sebastian~ I am interested in the continued qrowth of the area and wish to insure that only ~ualified, experienced, licensed and insured people are working in the conm~unity. 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No 19. Would you consider serving on another Board other than the one(s) you selected above? Yes _. No ~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all' information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or Permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed aqd sworn, to before me this ~ ~ to me or has produced " , who z ~ as iden~ion' (SEAL) \ws-form\application N°ta~ State of Florida Nbtary (Printed ~r T~'ed com issio No. No.fy Pul;ti= My Committal. Expires: SEIIASTIAN POLICE D EPARTM ENT Eerie k. Petty, Chlel of Police MEHURAHDUH Post OIIIce Box 780127 Sebastian, FL 329Z~I-0127 (4071 $89-,~233 DalE : IV : FRUM : SIBJE£! : a check September 29, 1992 Kathryn M. O'Halloran, City Clerk Investigator Gary McCarthy Want~arrant Check - a~Jtlcant rot .ants/warrants rot the TrLrnan 5mi th above referenced member reveal that: (--,-Y No active ,ant or ,arrant for.subJect is o, ( file. ap~ltcant/board ) an active ,arrant or ,ant does exist and folios u~ sill occur. Sebastian Poi Ice . 3. 4. 5. 6. 7. 8. 9. .O.E AnDRESS : HOME TELEPHONE: APPLICATION TO SERVE ON CITY BOARD e-~ ~ '-+~ ":~ $5P ,,2 9, 1992 BUSINESS ADDRESS:__~_~_~' ~' ~' BUSINESS TELEPHONE:~ SOCIAL SECURITY ~SSS: 3 ?~' RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) lO. Voter registration no. S g~~D 11. Are you a resident of the City? Yes_~ No__ 12. Length of Residency ~ ~$ ' 13. Do you hold a public office? Yes__ No~_ 14. DO you serve on a City Board at present? Yes ,. No~ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "l") _~_ *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE a ions do you. have to serve on this ~board? .hat alific .... 17. What reasons do you have for wishing to serve on an advisory board? ~ ' -~ ~ ~ ~ 18'.."'Have you ever been convicted of any felony or any misdemeanQr involving moral turpitude in this or any state? yes No X__ 19. Would you consider serving on another Board other than the one(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for T~:~,m~f~~:Atneglected duty, habitual drunkenness, inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. 19~_~, by -~/IA~.~ re me this . · day of to me or has produced ' L · who is p r~nal~l~ k~own' as identification. (SEAL) Notary public, State of'Florida Commission No ~'~--- ...... \ws-form\application 9. Education and Experience. Associate DeGree, DeVry technical Institute, Chicago, Electronics Dale Carnegie graduate Contractor Exam School Graduate Mike Holt School graduate Commercial-Instrument Pilot State Certified Class B A/C contractor. CAC051504 State Certified unlimited Electrical contractor. EC0001278 Water and sewer contractor and general contractor in Wisconsin for 10 years. Zoning Administrator for Burnett County Wisconsin for approx. 2 years. John Deere dealer in Wisconsin for 6 years. ManaGed John Deere dealerships and installed IBM computer systems in same for 6 years Owner of Palm Aire and Electric for 3 years City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Waiver of Bidding Procedure for Utility Software Purchase Approved For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda No. Oept. Origin Date Submitted For Agenda of [inance (LWN) 10-21-92 10-28-92 Exhibits: Component detail from Mentor (now D/B/A SCT) EXPENDITURE REQUIRED: $8,350.00 AMOUNT BUDGETED: $8,400.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The Capital Improvements fund has appropriations of $8,400.00 for the purchase of utility billing software and a dot matrix printer. As documented in a previous bid waiver on November 13, 1991, IBM and Mentor are covered under GSA pricing terms and are sufficiently unique in their configurations to be considered sole source. These applications need to be loaded and tested prior to the city being required to do its own utility billings. Pursuant to city code section 2-64 {j), "The City Council may waive the bidding procedure on specific contracts for good cause." RECOMMENDED ACTION Move to grant a waiver of bidding procedure and authorize the purchase of an IBM dot matrix printer and Mentor utility billing software for a price of $8,350.00. City Of Sebastian Utility Billing Investment Summary From SCT - Mentor October 7th, 1992 UTILITY BILLING PHASE I RECOMMENDATIONS IBM 4226 533CPS Dot Matrix Printer $ 1,600 Utility Superintendent $ 5,500 Notepad Subsystem $ 1,250 $ 6,750 SPECTRUM Utility Superintendent Provides a basis for positive consumer relations, predictable revenue and complete regula, tory compliance through effective management of consumer information Application The SPECTRUM Utility Superintendent system supports the billing, collection and accounting activities of governmentand utility) authorities. The system calculates andprints bills for both metered andflat rate services, and it provides historic information for periodic rate analysis. In addition, budget billing and an interf.ace to hand-hel.d meter reading systems are availablefor the SPECTRUM Utility Superintenclent. . The user has extensive flexibility with the system. For example, there are user-defined fields on consumer ~nformation screens, and multiple cycles can be billed at one time. For reporting, there is a wide selection of administrative reports. The system's user-defined features may be used to tailor reports to fit specific needs, and menu screens may be personalized for easy access to frequently used functions. The system interfaces to SPECTRUM Accounting Manager for distribution of revenue, deposits and payments. Numerous other complementary utility management systems are available to interface with SPECTRUM Utility Supenntendent. Capabilities and Advantages · Account Locator provides easy customer "look up" through any one of 12 categories · Allows billing of water, sewer, electric, gas, trash and other services · Includes 16 user-defined fields to allow master file custom tailoring without reprogramming · Pop-up menus and windows permit easy access to information · Pull down menus for Master File Maintenance. From one pull down menu, you can access Customer Information, Transfer Services and Inquiries. · Allows Calculation of Interest on deposits for specified services and customers. Mentor Information Systems, Inc. · 962 Delaware Ave. · Lexington, KY 40505 · 800-354-9300 FSPUB204 · Provides Refund Check Processing that will automatically refund credit balances into one check for the customers selected. · Customer inquiry allows inequity on customer information, services, deposits, charges, history and barances. · Memo Posting allows the user to enter a payment, memo and post the amount to the customers record before posting. This allows an accurate balance before posting a transaction. · Provides Report Selection Window to route the report to a file, the screen or other printer devices · Flexible and thorough rate tables permit easy changes and updates · Includes separate alternate address file · Tracks deposits · Automatically verifies meter readings for out-of-range readings · Processes delinquent account penalties and delinquency notices · Prints bills in zip code or account number order · Offers accounts receivable aging as well as billing analysis by service, classification and rate · Includes complete 15-period consumer history · Provides on-line inquiry into balances, charges and account history · Allows simple entry process for payments and credits · Affords access to information with only part of an account number, name or service address Repo_rts/Outpu.t Account History Report Aged Trial Balance Billing Analysis Consumption Analysis Report Delinquent Notice Cut-off Notice Deposit Register Distribution Reports for General Ledger Missing And Questionable Reading Report MTD Financial Summary Payment And Adjustments Register SPECTRUM NotePad Replaces the paper scraps and marginal notations to help a utili~/ provide good consumer service through special handling or attention Application The NotePad system is designed to enable the utility to maintain notes concerning the consumers serviced, such as information regarding contracts, payment agreements or special bill notes. Up to 999 individual notes may be created for each consumer account. Each note is described and indexed with a 25-character description or subject statement. The text of each note is free-form, and may consist of up to 99 lines of information. As a management tool, notes of similar subject matter or type may be assigned a special code, and later reviewed as a group. Capabilities and Advantages · Aids in monitoring and controlling supplemental customer information · User identification, date and time information is automatically attached to each note created · Windows display all notes for a given consumer · Reminder or "tickler" notices may be set up regarding each note · Expiration/purge dates may be entered for each note · Notes may be printed by customer or range of note types or note numbers Reports/Output Note Report Reminder Note Report Mentor Information Systems, Inc. "962 Delaware Ave. "Lexington, KY 40505 "800-354-9300 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RESOLUTION # R-92-42 REGARDING THE ACCEPTANCE OF SOUTH FLEMING STREET RIGHT-OF-WAY AND IMPROVEMENTS Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community Development (BC~ Date Submitted, 10/22/92 For Agenda Of, 10{28{92 Exhibits~ 1. Resolution # R-92-42 2. Warranty Agreement 3. Letter from Randy Mosby dated 9/29/92 4. Memo dated 9/24/92 from Dan Eckis EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED, SUMMARY STATEMENT At its regular meeting of March 11, 1992, the City Council approved Resolution # R-92-14 to accept the final plat of Chesser's Gap on March 11, 1992. The developer has now requested the City Council to accept the dedication and improvements for South Fleming Street. The developer has met all of the requirements of Section 2OA-18.7(c) of the Land Development Code therefore, staff has no objections to the proposed request. RECOMMENDED ACTION Move to approve Resolution #R-92-42. RESOLUTION NO. ~'~'~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF A PORTION OF THAT CERTAIN RIGHT- OF-WAY KNOWN AS THE SOUTH FLEMING STREET LOCATED WITHIN THAT CERTAIN SUBDIVISION KNOWN AS CHESSER'S GAP; ACCEPTING iMPROVEMENTS TO SAID RIGHT-OF-WAY FOR ALL PURPOSES; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS IN AND FOR INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sebastian General Partnership, B.F.T., a Florida general partnership (the "Partnership") has dedicated that certain right-of-way known as the South Fleming Street, within that certain subdivision known as Chesser's Gap, to the public; and WHEREAS, improvements have been made to said right-of-way in accordance with the design specifications for said right-of-way, and in accordance with all applicable ordinances of the City of Sebastian; and WHEREAS, the City engineer, for the City of Sebastian, has certified to the City Council that the right-of-way and improvements thereon meet all necessary requirements for acceptance by the City of Sebastian; and WHEREAS, the Partnership has made application to the City for acceptance of the South Fleming Street right-of-way and the street improvements thereon; and WHEREAS, the Partnership has provided to the City of Sebastian a one (1) year warranty for said improvements as to material and workmanship; and WHEREAS, it is in the best interest of the City of Sebastian to accept said right-of-way and improvements for all purposes, including maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The city Council of the City of Sebastian hereby accepts that certain right-of-way, and all improvements thereon, known as the South Fleming Street, within that certain subdivision known as Chesser's Gap, and more particularly described as follows: Commencing at the intersection of the Southerly right- of-way of County Road 512 and the West line of the northeast quarter of Section 13, Township 31 South, Range 38 East, run North 38o10'37'' East, along aforesaid right- of-way, 348.26 feet to the Point of Beginning. Continue North 38"10'37" East, 80.00 feet; thence South 51"49'23" East, 925.00 feet to a point of curvature concave Northeasterly, having a radius of 700.00 feet; thence run Southeasterly, 244.35 feet along the arc of said curve through a central angle of 20"00'00"; thence South 71"49'23" East, 530.00 feet to the point of curvature of a curve concave Northeasterly, having a radius of 600.00 feet; thence run Southeasterly, 115.19 feet along the arc of said curve, through a central angle of il°00'00"; thence South 82~49'23'' East, 162.88 feet; thence South 00"01'27'' East, 80.64 feet; thence North 82"49'23" West, 172.98 feet to the point of curvature of a curve concave Northeasterly, having a radius of 680.00 feet; thence run Northwesterly, 130.55 feet along the arc of said curve through a central angle of 11"00'00"; thence North 71"49'23" West, 530.00 feet to the point of curvature of a curve concave Northeasterly, having a radius of 780.00 feet; thence run Northwesterly, 272.27 feet along the arc of said curve, through a central angle of 20"00'00"; thence North 51"49'23'' West, 925.00 feet to the Point of Beginning. Ail the above situate in Indian River County, Florida. SECTION 2. This resolution shall be recorded in the official records in and for Indian River County, Florida upon adoption by the City Council of the City of Sebastian. SECTION .3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. S~C~.ON 4. SEVERABILITY. In the event a 'court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be 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 Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. effect immediately upon its adoption. The foregoing Resolution was Councilmember by Councilmember into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember George G. Reid Councilmember Peter R. Holyk This Resolution shall take moved for adoption by . The motion was seconded and, upon being put The Mayor thereupon declared this Resolution 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 (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney 4 WAm mTY This warranty agreement is made between Sebastian General Partnership, B.F.T. and Henry &. Fisher, (hereinafter collectively referred to as the "Developer") and the City of Sebastian, (hereinafter referred to as the "City"). WARRANTY AND ~UARANTE~. in consideration of the city's acceptance of those certain improvements known as the Fleming Street extension, located in that certain subdivision known as Chessers Gap. Said acceptance being evidenced by the Clty~s adoption of Resolution No. R-92-42 . The Developer hereby warrants that all materials and workmanship used in the completion of the Fleming Street extension are free from defects as to both workmanship and materials. The Developer warrants all workmanship and material for the Fleming Street extension for a period of twelve (12) months from the date of acceptance of said improvements by the City. Acceptance by the City shall be deemed to have occurred on the date of adoption of Resolution No. R-92-42 . Should any imperfect workmanship, materials or other faults appear within twelve (12) months after acceptance of the Fleming Street extension (unless the Developer provides a longer warranty/guarantee in which case the longer period shall govern) which in the judgment of the City arose out of improper materials or workmanship, Developer agrees to correct promptly and make good any such fault at Developer's expense. In case of Developer's failure to do so, the City may perform said work and replace said materials and recover from Developer the costs thereof. CONFLICTING PROVISIONS. This agreement constitutes the entire agreement between the Developer and the City. All previous agreements and negotiations, whether oral or written, relating to the subject matter herein are merged herein and accepted as herein stated. Any previous agreements or negotiations not specifically incorporated in this agreement are declared to be null, void and superseded by this agreement. This agreement shall be construed in favor of the City, notwithstanding the City has drafted this agreement. Developer acknowledges that Developer is sophisticated in all matters contained within this agreement. ~N~NFORCEABILITY. The ability or unenforceability of any term or provision of this agreement or the non-application of any such term or provision to any person or circumstances shall not impair or affect the remainder of this agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect. GOVERNING LAW. This agreement shall be governed by the laws of the State of Florida. Venue in any action arising herefrom shall be in Indian River County, Florida. ATTORNEYS FEE. Should any action be initiated arising from this agreement or the relationship between the parties created hereunder, to interpret this agreement, to enforce this agreement, or to cause the recision of this agreement, the prevailing party shall be entitled to recovery of reasonable attorneys fees and costs in such an action. 2 The undersigned, Sebastian General Partnership, B.F.T., and Henry ~. Fisher, hereby state that they have read the foregoing agreement/warranty in its entirety. The undersigned hereby acknowledge that the City of Sebastian has advised them that they should obtain independent legal advice with regard to the obligations incurred by the foregoing agreement/warranty. they have read all terms agreement/warranty and fully understand and obllgatlons pursuant to said agreement/warranty. undersigned through signing the The undersigned acknowledge that and provisions of the foregoing accept their SEBASTI~~~TNERSHIP, BFT By: Henry~~A./p//./~eneral parther Henry A. Fisher, Individually STATE OF FLORIDA COUNTY OF BREVARD The foregoing ~nstrument was acknowledged before me this ~<. day of ~ , 1992, by Henry A. Fisher, as general partner of Sebastian General Partnership, BFT, and individually, who is personally know to me or ~hc ~ as identification' and who did not take an oath. NOTARY PUBLIC Printed Name: /~A/~ ~, My Commission Expires: NO. AA MOSBY AND ASSOCIATES, INC. CONSULTING ENGINEERS 2455 ST. LUCIE AVENUE P,O. bOX 6368 VERO BEACH, FLORIDA 32961 40'7-569-0035 September 29, 1992 Mr. Bruce Cooper Director of Community Development City of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127 Subject: Chesser's Gap - Fleming Street Extension Sebastian, Florida Engineer's Project No. 91-380 Dear Mr. Cooper: This letter shall serve as certification that the subject project's right-of-way improvements have been completed in ac- cordance with the approved plans and in compliance with all other codes within the City of Sebastian. Should you require further information, please call. Ve~~/~ ur.~~,//!~, /. RLM:bee cc Dr. Henry Fischer City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE; September 24, 1992 TO: Mayor and City Council THROUGH; Robert S. McClary City Manager FROM: Daniel C. Eckis, P.E. City Engineer/Public Works Director Acceptance of S. Fleming Street I have reviewed the Engineer of Record's completion certificate and the as built drawings of all improvements located within the above referenced right of way. I, therefore, certify to the best of my knowledge and belief that the applicant has complied with all the provisions of ordinance of the land development code Section 20A18.7(c) and recommend to the City Council the acceptance of the dedications and the maintenance of all improvements. Czty E~ngzneer, Daniel C Eckis, P.E. Fi. Registration No. 33648 (S E A L) gapcert.doc City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Petition Re: Removal of Signs from Intersection of CR 512 and CR 510 APPROVED FOR ~:~_____ City Manager: ) Agenda No. ) ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: Cobb Letter dated 10/20/92 ~ Clerk ~'0'~ 10/21/92 10/28/92 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mack Cobb, Manager of Aspen Whispering Palms, presented a petition to my office containing sixty-seven signatures of local business people which requests Indian River County to remove directional signs at the intersection of CR 512 and CR 510. Mr. Cobb also presented a letter requesting placement on the October 28, 1992 City Council agenda. The petition is on file in the City Clerk's office if you wish to review it. RECOMMENDED ACTION No recommendation. ASPEN WHISPERING PALMS, LTD., 10305 U.S. #1, SEBASTIAN, FLORIDA 32958 --TELEPHONE: (407)589-3481 October 20, 1992 Mr. Robb McClary City Manager City of Sebastian Dear Mr. McClary, I would like to be placed on the agenda for the City 'of Sebastian council meeting to be held on October 28, 1992. The purpose of my request is to present a petition to the council requesting the county to remove signs at the intersection of county road 512 and 510. The signs in question are directing U.S. ] South and A1A beach traffic to take county road 510. Our petition is an attempt to have these signs removed and to allow this traffic flow to continue into Sebastian rather than divert it away from Sebastian. I would like to present this to the council in an effort to enlist their support in having these signs removed. Thanking you in advance. Sincerely, Ma~k R. Cobb Whispering Palms Manager MRC/lc enclosures City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Petition Re: Cease Plans to Open Wave Street as a Thoroughfare APPROVED FOR SUBMITS: City Manager: Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: 10/22/92 10/28/92 Stieler Letter EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Fred Stieler presented a petition to my office containing one hundred thirty-one signatures of City residents and/or property owners. The petition requests the City of Sebastian to cease and desist any and all plans to open Wave Street as a thoroughfare connecting to George Street. He also presented a letter requesting placement on the October 28, 1992 City Council agenda. The petition is on file in the City Clerk's office if you wish to review it. RECOMMENDED ACTION No recommendation. City of Sebastian City Hall Main St, Sebastian, l~l. We, concerned citizens of the George Street are~, request to be placed on the agenda zt tM City Council meeting on Oct. 28, 1992.. The issue is the opening of Wave Street connecting George Street to Fleming ~treet. :.~:~ ::t~~ .... :>