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Home My WebLink About11281990 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: APPEAL FROM ROGER SKILLMAN Approved For Submittal By= City Manager Agenda No. Dept. Origin Community Development (BC)./~. Date submitted 11/20/90 For Agenda Of 11/28/90 Exhibits: Letter of 11/8/90 from Mr. Skillman Letter of 7/30/90 from Bruce Cooper Letter of 11/2/90 from R. Nicholson EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED, SUMMARY STATEMENT Pursuant to 16-4 of the City Code of Ordinances, Mr. Roger Skillman has filed a written appeal to the City Council concerning an alleged violation (overgrown vegetation) on property he owns located on Main Street across from City Hall. The City code requires the City Council to review the written request from Mr. Sklllman to determine whether or not the alleged violation does exist, or any other reason why the alleged violation should not be corrected. At the hearing, the City and the property owner may introduce such evidence as appropriate. RECOMMENDED ACTION Review and make determination concerning Mr. Skillman's appeal. PO Box 2287 Delray Beach, FL November 8, 1990 33447 Ms. Kay O'Halloran, City Clerk PO Box 780127 Sebastian, FL 32978-0127 Dear Ms. O'I-Ialloran: I have received a notice that my 34 acres located on Main Street and Bob Circle are not in compliance with the Code of Ordinances of the City of Sebastian; namely, Chapter 16, Section 16-2. i am enclosing 12 copies of my rebuttal to this allegation. I hereby request a hearing before the City Counoil, and shall appreciate notification of the time and date of the hearing. Very truly yours, RMS:b PO Box 2287 Delray Beach, FL November 8, 1990 33447 Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie Powell Councilman Lloyd Rondeau City of Sebastian, Florida Gentlemen: I have been notified that by letting the grass on my 34 acres of land located on Main Street and Bob Circle grow to more than 10 inches in height that I am creating a nuisance as defined by Chapter 16, Section 16-2 of the Sebastian Code. By having grass on a large field the grass is preventing the wind from blowing sand on the roads. My land has done the following for the City of Sebastian: 1. In 1973, I purchased 13 acres of land across the street from the present City Hall, having 127 feet frontage on Main Street. In 1980, I purchased additional land with a great deal of frontage on Main Street and as a result I was able to sell the Post Office 250 feet of frontage by 320 feet deep., 2. The first year after the Postal authorities selected my land for purchase, they had no money with which to buy the land, so they had to wait for the next budget. In order for the people of Sebastian not to have to wait any longer than necessary, I charged the Postal authorities only 35% of the appraised value. 3. In 1974 and 1975 ! changed a small swamp in the back of my property into a nice lake which has served well to properly drain most of the land east of the Post Office. 4. In 1974, I purchased a new house in back of my present office and later gave it to the Fire Department for a practice exercise in fire extinguishing as the house did not fit in with the commercial aspect of my land. 5. In 1980, I was deeded the South 40 feet of Main Street from the power .lines east for 800 feet. Main Street was an undedicated road connecting two subdivisions. My Attorney said the City could only claim 20 feet of this land, but I deeded the whole 40 feet to the City at no cost to the City as I knew the land would be needed ia the future. 6. In 1980, I annexed land into the City both for the City's benefit and my future benefit. Members of the City Council Sebastian, Florida -2- November 8, 1990 7. With the 311 acres North of Main Street annexed into the City, and given PUD Zoning, to include 20 acres of commercial zoning, it was necessary for the owners to pay for, and straighten out the curve in Main Street. I met with Mr. Vick, the Mayor, and a number of others as they needed my land for the new road. I could have put a price on the eight tenths of an acre, but I felt it would be beneficial to the people of Sebastian, and I wanted to do my part. I agreed to give the land, at no cost. In addition, I gave the City some of my land that would then be on the North side of the new road. 8. Again, in 1990, when the City found that there was a Florida Power & Light Co. generator lying in the new right-of-way for' Main Street, and that it would cost the City $32,000.00 to.move it, the City asked me for additional land for the new Main Street. I gave it. 9. When the City said the development of the 311 acres would put too much heavy traffic on Main Street, and that another entrance would be necessary, I suggested a new road by the power lines just West of the Post Office. A meeting was held with the City, County, General Development, Florida Power and Light, the School Board, property owner Mr. Thornton, the Telephone Company, and others. It was agreed that the East 40 feet of the 100 foot easement could be used along with 40 feet donated by the adjoining owners. The School Board proceeded to build part of the road as they were then building a new school on 512. I gave the City a tract 100 feet wide and 1292 feet long, running from Main Street South. The City gladly accepted. 10. A significant move on my part certainly improved a four acre tract of land just North of the Macedonia Church. I purchased a 60 pond tropical fish farm that flooded the surrounding area each Winter when the deep wells were left open to keep the fish from freezing. I removed the main building and a trailer, the complete fence, filled in the ponds with good sand, and rid the area of a lot of rattle snakes. 11. In January, 1985, I purchased one acre from Mrs. Williams, and removed two houses and three trailers, and a dump that they had been using for over 50 years. The trailers, old bicycles, stoves, etc. were hauled to the land fill. Incidentally, when the Macedonia Church was in use, I took care of having it annexed to the City, paid the expense, and occasionally contributed to the Church. 12. In 1983, I purchased an old house that is now an office across the street from the City Hall. I paid $25,000.00 for it and spent $26,000.00 inren(~¥ations: air-conditioning, new windows, commercial wiring, parking, etc. 13. When the golf course was constructed, I donated six palm trees. About the same time, I gave the City Hall a range and refrigerator. 14. When it was mentioned that there would be a sewer system for Sebastian, I donated $1,000.00 towards the cost of a survey. Later I purchased 30 units for $37,500.00 cash to help get it started. Yesterday I told Mr. Scurlock I would buy 30 units of the water system when it was ready. Members of the City Council Sebastian, Florida -3- November 8, 1990 15. When the parking lot on the West side of the City Hall was first paved a few years ago, I remember the City posting signs on my property instructing "Park Here". 16. In addition, I have just let the Sewer Contractor and the Road Contractor use my land at no charge, except for a small rental for my office. With my record, how can anyone say that having grass over 10 inches high on my 34 acres is causing a nuisance? i respectfully request of you a waiver of this ordinance. Very truly yours, 1Ro~er M. Skillman RMS:b P.S. It may be of interest that for the past 27 years, the Cities of Boynton Beach and Delray Beach have had City employees mowing all cleared lots, and for acreage in the City, 50 feet from the street is mowed by the City at no extra charge. This arrangement pleases the home owner, and the lot owner, as it mhkes the City a better place in which to live and enhances the value of all of the property at very little cost. RMS City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 July 30, 1990 CERTIFIED HAIL P254 659 940 Roger Skillman P.O. Box 2287 Delray Beach, FL 33447-2287 Reference, Chapter 16 of the Code of Ordinances Dear Mr. Skillman, Please be advised that this office has noticed that all your properties as described by tax parcel numbers as follows, O6-31-39 00000 5000 OOOO1.1, O6-31-39 00000 5000 00001.2, 06-31-39 00000 0030 00001.0, 30-30-38 00003 0000 00000.4, 06-31-39 00005 0050 00001.0, O6-31-39 00005 0004 00002.0, O6-31-39 00005 0005 00001.0 have been mowed and cleared of vegetation. As the property owner, .you will now be required to maintain this property as required by Section 16-2 Paragraph 1 (see enclosed). This letter is to clarify the City's position concerning what properties have been mowed since there was some doubt previously to what area had been cleared. If you have any questions, please do not hesitate to call me at 589-5537. Sincerely, Director of Community Development BC/gk skillman.doc City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 DATE, 11-2-90 CERTIFIED MAIL CASE#, 90-4598 P 137 099 075 REGISTERED OWNER, Roger Skillman ADDRESS, P.O. Box 2287, Del Ray Beach. FL 33447 REFERENCE, See Attached Legal Descriptions LOCATION OF VIOLATION, Main Street & Bob Circle DATE OF VIOLATION, 11-2-90 The above described property was observed in violation of ~ 16, Section 16-2 (See Attached[ of the Code of Ordinance of the City of Sebastian. You are hereby notified that unless the condition above described is remedied so as to make it nonviolative of said Section 16-2 of the Code of Ordinances of said city within thirty (30) days from the date of receipt thereof, the City of Sebastian will proceed to remedy this condition and the cost of the work including advertising costs and other expenses, will be imposed as a lien on the property if not paid within'fourteen (14) days after receipt of billing. If you have any questions, please phone the Code Enforcement Department of the City. If you dispute that said alleged conditions exist on said property, you may request a hearing before the city council to show good reason why said condition should not be corrected. Such notice must be in writing and must be postmarked by a date not later than ten (10) days after your receipt of this notice by you or the occupant of the premises, and addressed to City Clerk, City Hall. Your cooperation in this matter will be greatly appreciated. Very truly yours, /? /~ ///Wober~ N. Nieholson {/Code Enforcement Officer RNN/gk Further Explanat'ion, Over'grown vegetation. }lust b__e~owed and maintained at a height o__f less than 10 inches. It i__s the responsibility of the owner to notify this department if the violation i__s corrected after the 30 day deadline. November 20, 1990 Robb M¢Clary, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: County Road 512 Dear Mr. McClary: I respectfully request that the County Road 512 matter be placed on the agenda for Wednesday, November 21, 1990. There exist a large number of people that would like the City of Sebastian to reconsider the resolution endorsing the twin pairs concept involving County Road 512. We would like to see the City of Sebastian change the resolution and simply endorse the widening of the existing County Road 512. Respectful ly, Earl D. Witherby ~ RESOLUTION NO. R-88-77 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA CONCURRING WITH THE CORRIDOR ANALYSIS FOR COUNTY ROAD 512 AND THE THOROUGHFARE PLAN FOR THE 'CITY OF SEBASTIAN, FLORIDA AS PREPARED BY KEITH AND SCHNARS, P.A. AND DATED NOVEMBER, 1988~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 12, 1984, the City Council of the City of Sebastian adopted Resolution NO. R-84-$0 supporting the efforts of Indian River County in preparing and adopting a County-wide fair share transportation impact fee~ end WHEREAS, Indian River County has commissioned e study prepared by the engineering firm of Ks/th and Schnars, P.A., of Stuart, Florida, funded by impact fees collected in District 3 Of Indian River County, which includes the City of Sebastian~ and WHEREAS, The enginsering study consists of a corridor analysis for County Road 512 from County Road 510 to U. S Highway #1 (SR 5)~ end ' WHEREAS, The Kelth and Schnars study also recommends a thoroughfare plan for the City of Sebastian~ and WHEREAS, The City Council of the City of Sebastian held a public meeting on December 5, 1988, at which time the public had an opportunity to present comments to the City Council and to James Davis, Director of Public Works for Indian River County~ 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 concurs with the Keith and Schnars study entitled "County Road 512 Indian River County" and dated November, 1988 provided: · A. The existing rail crossing over the Florida East Coast Railroad located between CR 512 and Schumann Drive, known as the "Old Dixie Highway Crossing", be retained and that the study be modified to indicate that the Vocelle extension from CR 512 to U.S. ! be connected to Old Dixie Highway on the west side of the railroad. B. The study be amended to include a thick vegetative type screening to buffer noise and visual impact from the proposed west bound lanes of CR 512 along the wast right-of-way adjacent to Orange Heights subdivision. C. The Board of County Commissioners for Indian River County utilize funding sources for improvements to CR 512 which are in addition to impact fees collected within District 3. D. The Board of County Commissioners for Indian River ,County include a right-of-way acquisition program as a part of the Long Range Ma~or Street and Highway Program for district three. SECTION 2. CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Res~ution was moved for adoption by ~ ~Z/I~ P~fJ- . Th. motion wa, s.oond.d by the vote was as follows: Mayor Richard B. Votapka Vice Mayor Kenneth Roth Councilmen Peter Vallone Councilman Robert McCarthy Councilman George Metcalf The Mayor thereupon declared this Resolution duly passed and CITY ~F SEBASTIAN, FLORIDA Richard B. Votapka, Mayor Attest: Kathry~M. O~loran, CMC/AAE City C~erk .($~m~) Approved es to Form and Legal Sufficiency: CltSl.~.ttorne¥~sh, E~qutro 2 City of Sebastian POST OFFICE BOX 780127 [] SERASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Resolution No. R-90-48 McLart¥ Museum Grant Application Endorsement APPROVED FOR SUBMIT~BY: ,- ) City Manager: / ~//~'~----~I No. 90.27~ )) Agenda ) Dept. Origin City Clerk Date Submitted 11/19/90 For Agenda Of 11/28/90 Exhibits: R-90-48 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council, at their November 7, 1990 workshop~instructed staff to draft a resolution to endorse the grant application filed by the McLarty Museum for matching funds with the Division of Historical Resources. RECOMMENDED ACTION Move to adopt Resolution No. R-90-48. RESOLUTION R-90-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ENDORSING A GRANT APPLICATION FILED BY THE McLARTY MUSEUM; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the McLarty Museum traditionally has been known as a "treasure" museum; and WHEREAS, funding is being requested to use newly available information about this important shipwreck site to create new educational exhibits; and WHEREAS, the museum building is located at the salvage camp of the 1715 Spanish fleet shipwreck; and WHEREAS, the McLarty Museum is requesting funding for a researcher and translator of archival material and a survey report; funding for partial production of these exhibits; and funding for a commemorative publication for public dissemination; and WHEREAS, the Department of State, Division of Historical Resources is soliciting applications for State grant-in-aid assistance for historical museum projects; and WHEREAS, the Historical Museums Grants-in-Aid program provides matching support for the development of exhibits on Florida history, as well as operating costs for Florida history museums. 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 endorses the grant application filed by the McLarty Museum for matching funds with the Division of Historical Resources. Section 2. The City Clerk is hereby directed to certify a copy of this Resolution to the McLarty Museum for inclusion with the request for funding. Section 3. All Resolutions or parts of Resolutions in conflict herewith are repealed. Section 4. This Resolution shall take effect immediately upon its adoption. The foregoing Councilman Councilman the vote was as follows: Resolution was moved for adoption by . The motion was seconded by and, upon being put to a vote, Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie Powell Councilman Lloyd Rondeau 2 The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA by: W. E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Sea~) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: FOP Contract Approved For Submittal By= city Manager ) ) ) ) ) ) ) ) ) - Resolution R-90-49 ) (With Attached Contract) ) Dept. of Origin: C_~ ~ Date Submitted: /~ For ]%gen~& Of: ~ EXPENDITURE REQUIRED= AMOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY ST&TEMENT The city is currently in the second year of a three (3) year collective bargaining agreement with the Florida State Lodge, Fraternal Order of Police ("FOP"). The City and the FOP have reached agreement on the five (5) articles which were reopened: Article XVI - Group Insurance Article XVII - Education Article XXIII - Leave of Absence Article XXVII - Promotions Article XXIX - Wages The FOP has voted to ratify the contract and the City Council should do likewise. RECOMMENDED ACTION Move to adopt Resolution R-90-49 which approves amendments to the union contract with the FOP. RESOLUTION NO. R-90-49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~ATIF¥ING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AMD THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE FOR THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND iNCLUDING SEPTEMBER 30, 1991; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 24, 1990, the City of Sebastian entered into a three year agreement with the Florida State Lodge, Fraternal Order of Police, for wages, benefits and other conditions affecting employment of all regular full or part-time employees with the City included in the Public Employees Relations Commission Certification #85?; and WHEREAS, the referenced agreement commenced on October 1, 1989 and runs through September 30, 1992; and WHEREAS, during the second year of the agreement, wages and not more than three other articles may be reopened at the option of each party; and WHEREAS, during the second year of the agreement, additional articles may be reopened at the mutual agreement of both parties; and WHEREAS, the City and the Florida State Lodge, Fraternal Order of Police have negotiated wages and other articles to be effective during the second year of the referenced agreement; and WHEREAS, the City and the Florida State Lodge, Fraternal Order of Police have reached tentative agreement on the amendments to said contract. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, 'INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The document entitled "Addendum to Collective Bargaining Agreement between City of Sebastian and Florida State Lodge, Fraternal Order of. Police"attached hereto and made a part hereof as Exhibit "A", is hereby adopted. SECTION 2. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. ATTEST: by: CITY OF SEBASTIAN W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles ian Nash, City Attorney EXHIBIT "A" ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT between CITY OF SEBASTIAN, FLORIDA and FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE Florida State Lodge, Fraternal Order of Police City of Sebastian, Florida By: ( date ) By: W.E. Conyers, Mayor (date) Attest: City Clerk 3 ARTI C~.~. 16 GROUP INSURANCE Sect_~Q~. During the term of this Agreement, the Employer agrees to pay the premium in effect on October 1, 1990 to provide continued group insurance coverage to regular full time employees and their eligible dependents. It is expressly understood by all parties that the Employer shall not be obligated to pay for any additional group insurance premiums which the present carrier may demand on or after October 1, 1991 for continuation of employee or dependent coverage. Section.....~. In the event that the present carrier increases the premium rate for the group insurance coverage in effect on Occtober 1, 1991, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, or or after October 1, 1991, obtain substitute insurance coverage from another carrier which is available at the existing premium costs; or require each covered employee to contribute his pro rata share of the increased premium cost for the employee and/or dependent coverage, whichever may be applicable. In the event that the present carrier increases the premium rate for the group insurance coverage in effect between October 1, 1990 and September 30, 1991, the parties agree that the Employer shall pay all such costs. ARTICLE XVII A. EMPLOYEES' SELF-IMPROVEMENT AND EDUCATIONAL PROGRAMS 1. The City is desirous of helping its employees in their jobs by paying for job-related courses up to the limits of the funds available, including second-dollar funds under Chapter 943, Florida Statutes, for education during their off-duty hours with the approval of the Chief of Police and the City Manager. This includes courses directly related to the employee's assign- ment which will improve his skills, knowledge and ability to perform his duties and increase his potential for promotion through learning more advanced techniques. B. ELIGIBILITY FOR PARTICIPATION IN EDUCATIONAL PROGRAMS All regular full-time employees are eligible for participation in the City educational, program up to the limit of the funds available for education. This program is available only to employees who have successfully completed their one-year probationary period. C. APPLICATION PROCEDURE 1. An employee desiring educational program should submit to participate in an application 15 the City days in advance to the Chief requesting approval for program participa- tion. 2. If the Chief recommends the educational program, his recommendation will be forwarded to the City Manager for final approval. - 2 - D. ~OMPLETIONOF COURS~ 1. If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis -- he/she will submit an official copy of his/her grades along with proof of his/her payment of tuition, required books, and lab fees to the Police Chief. If in order, such documentation will be forwarded to the Finance Department for reimbursement. 2. The employee's personnel record will be documented with his educational achievement. E. ~J~NSPORTATION Transportation for job-related educational courses will be provided for by the employee, except as specified below in Section (F). F. CIT~.i...~!~NDATED EDUCATION CO~RSES If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, fees, transportation, meals and lodging. G. MAXIMUM REIMBURSEMENT The maximum tuition rate to be reimbursed for college-level courses is that established annually by the State Legislature for the corresponding schools. Should an employee select to attend a private school, he/she is responsible for the difference in tuition. Additionally, employees will be authorized no more than two classes per semester. H. SERVICE REOUIREMENT - 3 - Employees who are reimbursed for such courses agree to remain employed by the City of Sebastian for at least one year after completion of the course. Should an employee leave City service within one year after completion of the course, he is required to return any payments to the City or it will be deducted from his final paycheck. ARTICLE XXIII LEAVE OF..ABSENCE not in reason pay. A. An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reasons which are considered to be in the best interests of the City. 1. Such leave shall require the prior approval of the chief and the City Manager. 2. Except under unusual circumstances, voluntary separation from the City service in order to accept employment the City service shall be considered as insufficient for approval of a request for leave of absence without 3. The leave of absence may be withdrawn by the City Manager, and the employee recalled to service if the need for the leave no longer exists. 4. An employee granted a leave of absence must submit a written statement monthly to the Chief of Police advising the chief of his/her status. A copy of this written status report will be forwarded to the City Manager. 5. Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resigna- tion of that employee. 6. Holidays, sick leave, annual leave, and any other benefits based on time spent in the employ of the city shall not accrue during a leave of absence, provided however, that the - 2 - employee may maintain his health insurance program by paying the total cost of his group insurance program plus the administrative fee allowed by law. Longevity increases, merit increases, and any other increases for which the employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in one calendar year. B. An employee shall return from leave of absence to the same step of his salary grade as the leave of absence to the classification. at the time of next available commencement of opening in his one hundred twenty eligibility list, filled. ARTICLE XXVII I. Promotion to Sergeant A. Whenever a budgeted promotional vacancy exists in the rank of Sergeant, the City shall promote an employee to fill such vacancy within thirty (30) days, from an existing eligibility list, if such a list is in existence. Should there be no valid eligibility list at the time a budgeted promotional vacancy occurs, the City shall establish a new eligibility list within (120) days. Upon certification of the new the budgeted promotional vacancy shall be B. The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for one additional three (3) month period by the City Manager. The probationary period may be further extended if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Sergeant is found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. C. A promotional examination will be given annually. An eligibility list will be established to become effective upon the expiration of the previous eligibility list and shall remain in effect for one (1) year from the date it becomes effective or until all names on the list have been exhausted, whichever occurs first. D. TESTING CRITERIA AND SCORES - 2 - Promotions to the rank of Sergeant will be made from an eligibility list, the ranking of which will be determined by the following: WRITTEN EXAMINATION 50% EXPERIENCE 15% EDUCATION 10% ORAL BOARD 25% E. ORAL BOARD The Oral Board will consist of three (3) experienced law enforcement officers from other agencies selected by the Chief of Police. The City Manager, or his designee, will coordinate the Oral Board to ensure compliance with the City's recruitment and selection procedure. The Chief may also select one person from the Sebastian Police Department to serve as a resource person. The resource person to the Board shall have no input into the screening or grading of applicants. II. Promotion to Investigator: When a vacancy exists in the budgeted position of Investigator, the following selection criteria will be used. A. Police officers the Chief of Policy by desiring to be considered will notify memorandum outlining their experience, training, and motivation to serve as Investigator. B. An Officer will become eligible for the rank of Investigator one (1) year from his date of employment by the City as a full-time Police Officer of having served as a Police Officer two (2) years with any Police Department. Nothing in - 3 - ~this agreement shall prevent the temporary assignment of a Police Officer as an Investigator as otherwise provided in this agreement. Upon completion of a temporary assignment, the Police Officer shall return to his former rank. C. The Chief of Police will review each Officer's personnel file and reports on file within the Department. Such files will for a determination of the following qualifying be reviewed factors: 1. Administrative a. Seniority b. Attendance and use of sick time c. Evaluations and Field Training officers' reports, if applicable d. Commendations and discipline files e. Departmental awards and recognition Performance a. Productivity b. Clarity of thought Review of reports a. Thoroughness and accuracy b. Clarity of thought Education and Training a. Forensic sciences b. Fingerprint classification and comparison c. Photography and Videography - 4 - D. Based on his review of the above criteria, the Chief of Police will refer up to five candidates to an oral board comprised of the following persons: 1. Commander of the Criminal Investigations Division of other designee of the Chief of Police 2. An Investigator, selected by lot 3. The City Manager or designee E. At the conclusion of the interviews, the oral board will prepare a report with a rank ordering of all eligible candidates. The Chief will then have the sole authority to choose one (1) of the top three candidates to fill the vacant position. F. The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for one additional three (3) month period by the City Manager. The probationary period may be further extended if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Investigator is found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. ARTICLE XXIX WAGES 1. The city Step Plan shall' be increased by four percent (4%) across-the-board. A copy of the revised plan, as increased, is attached hereto as Exhibit "A". 2. For the purpose of this Agreement, the term "anniversary date" shall mean the annual anniversary of an employee's entry into a particular job title. In the event an employee moves from one job title to another job title during the course of his employment with the city, such employee's anniversary date shall change to that date which is the anniversary of his commencement of duties in the new job title. 3. A new Police officer, without any demonstrated education, training or experience in that job title, shall be placed at Step One. This employee shall be eligible for movement to Step Two at the completion of six (6) months employment. This employee shall be eligible completion of his first year with the City in his job for movement to Step Three upon of continuous, unbroken employment classification; provided that such employee that such employee receives at least a satisfactory performance evaluation upon his anniversary date. 4. The City reserves the right, based upon a new employee's previous education, training, and experience, to exercise lateral entry and initially place such employee in any of the pay steps numbered five or less which are allocated for the job title of Police officer. - 2 - " 5. In the event a Police Officer is promoted to the job classification of Investigator or Sergeant, the promoted employee shall be entitled to the entry level for Investigator or Sergeant or movement to the concurrent pay step for Investigator or whichever is greater. In the event an Investigator is Sergeant, promoted employee movement greater. 6. to the job classification of Sergeant, shall be entitled to the entry level for to the concurrent pay step for Sergeant, the promoted Sergeant or whichever is Ail permanent employees shall advance to the next higher pay step for their job title upon receipt of an annual evaluation which is at least satisfactory. In the event an employee's performance is below satisfactory, the City shall inform the employee, in writing, of his specific deficiencies and allow the employee a reasonable time, not to exceed ninety (90) days, to correct his performance. The City.shall delay movement of the employee to the next pay step for his job title until such deficiencies are corrected. 7. All Investigators shall receive a non-uniformed clothing allowance in an annual amount of $449.80, payable bi-weekly at the rate of $17.30. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: PBA Union Contract Approved For Submittal By: city Manager ) ) ) Dept. of Origin: ~itv Manager ) ) Date Submitted: ~ ) ) For Agenda Of: 11/28/90 ) ) Exhibits: - Resolution R-90-50 ) (With Attached Contract Amendments) ) -) ) ) Contract EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY STATEMENT The City and the Coastal Florida Police Benevolent Association, Inc. ("PBA") have reached agreement on amendments to the collective bargaining agreement. The City and the PBA have reached agreement on four (4) articles: Article XVII - Education Article XXIII - Leave of Absence Article XXIV - Group Insurance Article XXIX - Wages The PBA has ratified the contract amendments and the City Council should now do likewise. ~ECOMMENDED ACTION Move to approve Resolution R-90-50 ratifying amendments to the union contract with the PBA. ~0. ~3 RESOLUTION NO. R-90-50 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. FOR THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND INCLUDING SEPTEMBER 30, 1991; PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 18, 1989, the City of Sebastian entered into a three year agreement with the Coastal Florida Police Benevolent Association, Inc. ("PBA"), for wages, benefits and other conditions affecting employment of all Police Lieutenants with the City included in the Public Employees Relations Commission Certification; and WHEREAS, the referenced agreement commenced on October 1, 1989 and runs through Segtember 30, 1992; and WHEREAS, during the second year of the agreement, wages and not more than three other articles may'be reopened at the ogtion of each party; and WHEREAS, during the second year of the agreement, additional articles may be reopened at the mutual agreement of both Darties; and WHEREAS, the City and the Coastal Florida Police Benevolent Association, Inc. ("PBA"), have negotiated wages and other articles to be effective during the second year of the referenced agreement; and WHEREAS, the City and the Coastal Florida Police Benevolent Association, Inc. ("PBA"), have reached tentative agreement on the amendments to said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The document entitled "Addendum to Collective Bargaining AGreement between City of Sebastian and Coastal Florida Police Benevolent Association, Inc. ("PBA")," attached hereto and made a part hereof as Exhibit "A", is hereby adopted. SECTION 2. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon beinG put to a vote, the vote was as follows: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. ATTEST: by: CITY OF SEBASTIAN W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 2 EXHIBIT "A" ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT between CITY OF SEBASTIAN, FLORIDA and COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. Coastal Florida Police Benevolent Association, Inc. City of Sebastian, Florida By: (date) By: Attest: W.E. Conyers, Mayor (date) City Clerk 3 ARTICLE XVII EDUCATION I. EMPLOYEES' SELF-IMPROVEMENT AND EDUCATIONAL PROGRAMS A. The City is desirous of helping its employees in their jobs by paying for job-related courses up to the limits of the funds available for education during their off-duty hours with the approval of the Chief of Police B. Job Improvement Courses: the employee's assignment which and the city Manager. courses directly related to will improve his skills, knowledge and ability to perform his duties and increase, through more advanced techniques, his potential for promotion. II. ELIGIBILITY FOR PARTICIPATION IN EDUCATIONAL PROGRAM: All regular full-time employees are eligible for participation in the City educational program up to the limit of the funds available for education. This program is available only to employees who have successfully completed their one-year probationary period. III. APPLICATION PROCEDURE: A. An employee desiring to participate in the City educational program should submit an application 15 days in advance to the Chief requesting approval for program participa- tion. B. If the Chief recommends the educational program, his recommendation will be forwarded to the City Manager for final approval. - 2 - IV. COMPLETION OF COURSE: If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis -- he/she will submit an official copy of his/her grades along with proof of his/her payment of tuition, required books, and lab fees to the Police Chief. If in order, such documentation will be forwarded to the Finance Department for reimbursement. The employee's personnel record will be documented with his educational achievement. V. TRANSPORTATION: Transportation for job-related educational courses will be provided for by the employee, except as specified below in VI. VI. CITY-MANDATED EDUCATION COURSES If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, fees, transportation, meals and lodging. The maximum tuition rate to be reimbursed for college-level courses is that established annually by the State Legislature. Should an employee select to attend a private school, he/she is responsible for the difference in tuition. Additionally, employees will be authorized no more than two classes per semester. VIIi. SERVICE REOUIREMENT - 3 - Employees who are reimbursed for such remain employed by the City of Sebastian for at Should an employee leave City service within required to return any payments to the City deducted from his final paycheck. courses agree to least one year. one year, he is or it will be AR?ICLE XXII! A. An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reasons which are considered to be in the best interests of the City. 1. Such leave shall require the prior approval of the Chief and the City Manager. 2. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the city service shall be considered as insufficient reason for approval of a request for leave of absence without pay. 3. If for any reason leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the City Manager, and the employee recalled to service. 4. An employee granted a leave of absence must submit a written statement monthly to the Chief of Police advising the Chief of his status. A copy of this written status report will be forwarded to the City Manager. 5. Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resignation of that employee. 6. Holidays, sick leave, annual leave, and any other benefits based on time spent in the employ of the City shall not accrue during a leave of absence provided, however, that the employee may maintain his health insurance coverage by paying the total cost of his group insurance premium plus the administrative fee allowed by, if provided on the insurance policy. Longevity increases, merit increases, and any other increases for which an employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in one calendar year. B. Any employee shall return from leave of absence to the same step of his salary grade as at the time of commencement of leave of absence. ARTICLE XXIV GROUP ~NSURANCE Section 1. During the term of this Agreement, the Employer agrees to pay the premium in effect on October 1, 1990 to provide continued group insurance coverage to regular full time employees and their eligible dependents. It is expressly understood by all parties that the Employer shall not be obligated to pay for any additional group insurance premiums which the present carrier may demand on or after October 1, 1991 for continuation of employees or dependent coverage. Section 2. In the event that the present carrier increases the premium rate for the group insurance coverage in effect on October 1, 1991, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, on or after October 1, 1991, obtain substitute insurance coverage from another carrier which is available at the existing premium costs; or require each covered employee to contribute his pro rata share of the increased premium cost for the employee and/or dependent coverage, whichever may be applicable. In the event that the present carrier increases the premium rate for the group insurance coverage in effect between October 1,1990 and September 30, 1991, the parties agree that the Employer shall pay all such costs. ARTICLE XXIX 1. The City Step Plan shall be increased by four percent (4%) across-the-board. A copy of the revised plan, as increased, is attached hereto as Exhibit "A". 2. For the purpose of this Agreement, the term "anniversary date" shall mean the annual anniversary of an employee's entry into a particular job title. In the event an employee moves from one job title to another job title during the course of his employment with the City, such employee's anniversary date shall change to that date which is the anniversary of his commencement of duties in the new job title. 3. A new Lieutenant, not previously employed by the City, without any demonstrated education, training or experience in that job title, shall be placed at Step Seven. This employee shall be eligible for movement to Step Eight at the completion of his six (6) months employment. This employee shall be eligible for movement to Step Nine upon completion of his first year of continuous, unbroken employment with the City in his job classification; provided that such employee receives at least a satisfactory performance evaluation upon his anniversary date. 4. The City reserves the right, based upon a new employee's previous education, training, and experience, to exercise lateral entry and initially place such employee in any of the pay steps numbered eleven or less which are allocated for the job title of Police Lieutenant. In the event the employee is placed in a pay - 2 - step higher than Step Seven, such employee will not be eligible to move to the next higher pay step until he has copleted one full year of satisfactory employment. 5. In the event that a currenly employed Department member is promoted to the job classification of Lieutenant, such person shall initially be placed at Step Seven of the Lieutenant's Pay Plan or the corresponding pay step for Lieutenant, whichever is greater. 6. All permanent employees shall advance to the next higher pay step for their job title upon receipt of an annual evaluation which is at least satisfactory. In the event that an employee's performance is below satisfactory, the City shall inform the employee, in writing, of his specific deficiencies and allow the employee a reasonable time, not to exceed ninety (90) days, to correct his performance. The City shall delay movement of the employee to the next pay step for, his job title until such deficiencies are corrected. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r-] FAX (407) 589-5570 SUBJECT: Chesser's Gap Potable Water Approved For Submittal By: City Manager~~ ) ) ) ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) - Resolution R-90-51 ) ) - Ordinance 0-90-16 Dept. of Origin: City M~naqer 11/20/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City recently received a request from Indian River County to exclude the territory commonly known as "Chesser's Gap" from the territory franchised to it by the City of Sebastian for potable water. Indian River County does not have a water system at this time to provide water to this area. Indian River County suggests that the territory be included in the franchise granted to General Development Utilities, Inc., since GDU does have water service available to the property. In order to accomplish this territorial trade the franchise granted GDU and the franchise granted Indian River County must both be amended. An amendment to the GDU Franchise requires an Ordinance and an amendment to the Indian River County Franchise requires a Resolution. RECOMMENDED ACTION Move to first read and approve Ordinance O-90-16 and to set a public hearing for December 12, 1990. Move to read Resolution R-90-51 by title only and hold over for public hearing and action on December 12, 1990. ORDINANCE NO.: 0-90-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO WATER DISTRIBUTION; AMENDING ORDINANCE NO. 0-81-8 OF THE CODE OF ORDINANCES TO EXPAND THEEXCLUSIVE FRANCHISE GRANTED TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM WITHIN A PORTION OF THE CITY OF SEBASTIAN, FLORIDA, TO INCLUDE A PARCEL OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 512, NORTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREEANDONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICTHEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, adopted Ordinance No. 0-81-8 on May 11, 1981, granting onto General Development Utilities, Inc., a Florida corporation (hereinafter referred to as the "Company"), an exclusive franchise for a public water system within a portion of the City of Sebastian, Florida; and WHEREAS, the City Council of the City of Sebastian, Florida, adopted Resolution No. R-87-6 on January 14, 1987, granting unto Indian River County, Florida an exclusive franchise to furnish water and sewer service to the entire area within the incorporated limits of the City of Sebastian, excluding the areas in which the City had previously granted franchises to furnish water or sewer services; and WHEREAS, Sebastian General Partnership, B.F.T. is the owner of a certain tract of real property located in the City of Sebastian, Indian River County, Florida (hereinafter referred to as the "Property"); and WHEREAS, the Property is currently included in the franchise granted to Indian River County, Florida; and WHEREAS, Indian River County is not in a position to provide potable water services to the Property and has agreed to exclude the Property from its water and sewer franchise; and WHEREAS, the Company is willing to accept the Property into its franchise territory and extend water service to the Property. NOW, THEREFORE, BE IT ORDAINED BY THECIT¥ COUNCIL OF THECITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Paragraph one of Section 1 of Ordinance No. 0-81-8 of the Code of Ordinances of the City of Sebastian, Florida is hereby amended in its entirety to provide as follows: "Section 1. [Grant.] There is hereby granted to the Company for a period of thirty (30) years from the date hereof, an exclusive franchise to construct, operate and maintain a public water system within Units 1 through 17 of Sebastian Highlands Subdivision, an area located within a portion of the City of Sebastian, Florida, more specifically described in Exhibit "A" attached hereto and made a part hereof by reference, and the certain tract of real property consisting of approximately 58.09 acres located south of County Road 512, north of the intersection of County Road 512 and Fleming Street, approxi- mately three and one-half miles west of U.S. Highway 1, also known as State Route 5, and east of Strait Avenue, more particularly described as: 'A parcel of land in the NE 1/4 of Section 13, Township 31 South, Range 38 East, known as Chesser's Gap, described as follows: That part of the NW 1/4 of the NE 1/4 of Section 2 13, Township 31 South, Range 38 East, lying South of Fellsmere Road, AND ALSO the West 1/2 of the NE 1/4 of the NE 1/4 of Section 13, Township 31 South, Range 38 East. All of the above land now lying in the City of Sebastian, Indian River County, Florida,' and in connection therewith, to construct, maintain, and repair water lines, conduits, hydrants, service pipes, pumping stations, and any and all other things necessary for the purpose of conducting and distributing water in such areas; to make housing and building connections upon, along, in and under the roads, streets, alleys, easements and any other public places in said areas; to repair, replace, enlarge or extend the same, and to carry on the business of furnishing water in said areas for a consideration, subject to such rules and regulations as the said Council may adopt and impose, and further subject to the conditions of this franchise." Section 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without such 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 its adoption, subject to General Development Utilities, Inc.'s acceptance in writing of this addition of territory to its exclusive water franchise. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell' Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W.E. Conyers, Mayor Kathryn M. O'HaIloran, CMC/AAE, City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the vero Beach Press Journal as required 4 by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1990, and that following said public--ring this Ordihan'ce was passed by the City Council. K~thryn M. O'Halloran, CMC/AAE, City Clerk Approved as to Form and Content: Charles Ian City Attorney RESOLUTION NO. R-90-51 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, EXCLUDING CERTAIN TERRITORY FROM THE WATER AND SEWER FRANCHISE GRANTED TO INDIAN RIVER COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, adopted Ordinance No. 0-81-8 on May 11, 1981, granting onto General Development Utilities, Inc., a Florida corporation (hereinafter referred to as the "Company"), an exclusive franchise for a public water system within a portion of the City of Sebastian, Florida; and WHEREAS, the City Council of the City of Sebastian, Florida, adopted Resolution No. R-87-6 on January 14, 1987, granting unto Indian River County, Florida an exclusive franchise to furnish water and sewer service to the entire area within the incorporated limits of the City of Sebastian, excluding the areas in which the City had previously granted franchises to furnish water or sewer services; and WHEREAS, Sebastian General Partnership, B.F.T, is the owner of a certain tract of real property located in the City of Sebastian, Indian River County, Florida (hereinafter referred to as the "Property"); and WHEREAS, the Property is currently included in the franchise granted to Indian River County, Florida; and WHEREAS, Indian River County is not in a position to provide potable water Services to the Property and has agreed to exclude the Property from its water and sewer franchise; and WHEREAS, the Company is willing to accept the Property into its franchise territory and extend water service to the Property. NOW, THEREFORE, be it resolved by the City Council of the City of Sebastian, Indian River County, Florida, that: Section 1. EXCLUSION OF PROPERTY. The franchise territory described in Paragraph 2 of Resolution R-87-6 shall not include that certain tract of real property consisting of approximately 58.09 acres located south of County Road 512, north of the inter- section of County Road 512 and Fleming Street, approximately three and one-half (3 1/2) miles west of U.S. Highway 1, also known as State Road 5, and east of Strait Avenue, and more particularly described as: "A parcel of land in the NE 1/4 of Section 13, Township 31 South, Range 38 East, known as Chesser's Gap, described as follows: That part of the NW 1/4 of the NE 1/4 of Section 13, Township 31 South, Range 38 East, lying South of Fellsmere Road, AND ALSO the west 1/2 of the NE 1/4 of the NE 1/4 of Section 13, Township 31 South, Range 38 East. All of the above land now lying in the City of Sebastian, Indian River County, Florida." Section 2. CONFLICT. Those provisions of Resolution No. R-87-6 which are in conflict with the above Section 1 are hereby repealed. The remaining provisions of Resolution No. R-87-6 shall not be affected by the enactment of this Resolution. Ail other provisions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 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 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption, subject to Indian River County's acceptance in writing of the exclusion of the Property from its water and sewer franchise. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank 0berbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of ATTEST: · 1990. CITY OF SEBASTIAN, FLORIDA By: W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE, City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 rn FAX (407) 589-5570 iBJECT: F-91 Street mprovement Program pprove4 Por Submittal By: ity Manager Dept. of origin: En~ineerina Date Submitted: For Agenda Of: 11/28/90 Exhibits: - L. Kinchen Memo Dated 11/19/90 -Indian River Commodity Service Contract EXPENDITURE REQUIRED: $200,090 AMOUNT BUDGETED: $339.960 APPROPRIATION REQUIRED: SUMMARY STATEMENT taff is pleased to submit the proposed street improvement rogram for fiscal year 1991. The proposed program is divided nto five (5) sections: (1) overlay approximately 7.2 miles of treets, (2) bike path construction, (3) engage an engineer to esign and write specifications for reconstructing the ntersection of Main and Louisiana (including a section of Main treet to the east of the railroad tracks) and to design and rite specifications to reconstruct portions of the drainage ystem on Schumann Drive, (4) engage a registered land surveyor o perform an improvement survey of the entire length of ouisiana Avenue, and (5) to enter into a contract with ebastian Lakes for the reconstruction of Laconia Street. taff also recommends a waiver of normal bidding procedures for he overlay portion of this program to use the Indian River ounty Commodity Service Contract issued to Martin Paving Company f Vero Beach. RECOMMENDED ACTION eview and approve proposed street improvement program for fiscal ear 1991 and to approve a bid waiver and award a contract to artin Paving Company under the Indian River Commodity Service ontract issued to Martin Paving Company for approximately 200,090. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 DATE: TO: FROM: November 19, 1990 Robert S. McClary City Manager Linda Administrative AssiStant RE: STREET IMPROVEMENT PROGRAM FISCAL YEAR 1991 The ~ollowing is an outline o~ the proposed street improvement program; I. ASPHALT OVERLAY A. George Street ,From Englar to Barber Wi dth L~ngt h Est. C o~_s t B. Wimbrow Drive .From S,Easy to Georgia Blvd $ 15~660 C. Wimbrow Drive .From Lake Drive to Drawdy Way D. Lake Drive · From Oak Street to Wimbrow Drive 24' 4908 ' 29,45(;) 1 '7' 4.576' 19,450 E, Carnival .Terrace .From ~lentry" to ClearbroOk D. Bob's Circle '.;.. .From Easy to Main St 18' 5:354 ' 15,000 E, Fellsmere Dr. .Fr'om Indian River to US Highway#1 842' 28' 620 ' 14,; .5,7 9 4; 340 F. Be.y'.Front Terrace ,F:'Fr.~m, Watercrest 'Lo George St. Width 20 ' Leng t h Est. Co~t G. Tu!.im Drive · F'-rom Barber to Barber 24' 8562; 5 :t, 37 o I,-!. Permian Lane · From Ba'/har'bout- Lo Albatross t482' 7.410 Fair.FiEld Lane · Fr-om Tulip to Bayfront 19;6" 1827' 910 Covmrbrook Lane .From Benedictine to Atlantus 19; 6" 7,380 K. At!antus Terrace .From Fair-field to Barber 18' 550' "-' 4.80 L, Main Street .From City Hall to U.S~ tl:l 27' ! 940' l. 5, 11 () SLIB]"OTAL (7.2 Miles) $200,090. · I"~ /2 .... ,r:. ~ t'~O"f'E~ COS'TS ARE CALCULATED t...olNG 1 LEVEL, ING COLJE,.oE F'LIJS t" II. BIKE F'ATH A. Idain Street - Gibson to Easy B. Easy St. - Main to Lake C. Lime St, - Easy to FPL Easement III. ENGAGE CONSULTING EIqGINEER A. Design Main and Louisiana Ave Intersection B· Design drainage improvements - Schumann Drive IV. EI'..IGAGE REGIS"FERED LAND ~URVEYOR A. Improvement Survey 04: Louisiana Ave (entire length) V. CONTRACT WITH OTHERS A. Reconstruct and widen Laconia Street Ltrld~.r.F cc~ntt*act with Sebastian Lakes. INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF GENERAL SERVICES INTER-OFFICE MEMORANDUM DATE: TO: THRU: FROM: SUBJ: September 28, 1990 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Admi~trator H.T. "Sonny" Dean, Director~/~'J Department of Gener~l/~rvi~s ~ Dominick L. Mascola7 CPO Manager Division of Purchasing IRC BID t91-1/Type I & ii Asphalt BACKGROUND: On request from the Road & Bridge Division, the subject bid was properly advertised and Seven (7) Invitations to Bid were sent out On September 12, 1990, bids were received with Three (3) vendors submitting proposals for the commodity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifi- cations. Martin Pavinq was the iow bidder and met all requirements. FUNDING: Monies for this project will come from Budget Road & Bridge Accounts for paving material. Funds available $470~000.00. RECOMMENDATION: Staff recommends the Award of an Open End Contract to Martin Paving with an e~timated value of $100,000 per year. Also, authorize the Purchasing Manager to renew the Contract subject to satisfactory performance, zero cost increase, vendor acceptance, and determi- nation that renewal is in the best interest of the County. The initial contract period shall begin on the date of award. .oe Bair~, Bu.get Director ~j ~f~ ~/~_j APPROVED AGENDA ITEM J~mes E Chandle~ ounty Administrator . Fo~__ 1o- /(. -,,,.?~ .,, City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Barber Street Sports Complex Approved For Submittal By: city Manager~~-~ ~ Agenda No. Dept. of Origin: city Manager Date Submitted: ~ For Agenda Of: 1.1/28/90 ) Exhibits: - Mosby Letter Dated ) November 20, 1990 ) ) ) ) EXPENDITURE REQUIRED: $2,600 AMOUNT BUDGETED: $7 0,0 0 0 APPROPRIATION REQUIRED: SUMMARY STATEMENt.. The city is under contract with the Little League Association to complete field #1 by the end of fiscal year, September 30, 1991. While the City has let certain contracts for improvements the balance of this year's project will require additional attention and detail. Normally, the City Engineer would be project coordinator for this project. However, the position of City Engineer is currently vacant. Therefore, I suggest that we contract out the project coordination of this year's project to a consultant. I have solicited a proposal from Mosby & Associates, Inc. This firm has done considerable work for the city including the design engineering (as a donation) of the Barber Street Sports Complex and has highly qualified staff to perform these services. RECOMMENDED ACTION Move to approve the letter of engagement between the City and Mosby & Associates of Vero Beach for construction management of the Barber Street Sports Complex for fiscal 1991. MOSBY AND ASSOCIATES, INC. CONSULTING ENGIN£ER~ 1'.)()/ ?()111 ~.';'11'~1 I I P.O BOX 6368 VERO BEACH, FLORIDA 329(~ 407-569-0035 November 20, 1990 Mr. Robert S. McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Proposal/Contract for Professional Engineering Services for Construction Management for the Barber Street Sports Complex Ball Field #1 Sebastian, Florida Engineer's Project No. 90-450P Dear Mr. McClary: At your request, we are hereby submitting our proposal to provide professional engineering services for the construction management of Ball Field #1 of the new Barber Street Sports Complex. Includ- ed in the construction of Ball Field #1 will be the demolition of the existing bathroom and pump house and if funding is available, the construction of a portion of the proposed Sports Complex parking lot. Our scope of services would consist of the following: 1. Project coordination with the City of Sebastian. Project coordination with the prospective sub-contractors to be utilized in the construction of Ball Field ~1. Preparation of the advertisement for construction bids. We understand that the City of Sebastian will coordinate the publication and mail outs for the advertisements. Provide assistance to the City of Sebastian and the prospec- tive bidders during the bidding process. 5. Attendance at the bid opening. ~Mr. Robert McClary November 20, 1990 Page 2 Evaluation of the bids and prepare a recommendation to the City of Sebastian. Included in the evaluation will be a study of the remaining funds left after the construction of Ball Field #1 to determine what portion of the parking lot can be constructed. 7. Part-time construction inspections. 8. Review of payment requests. 9. Final project coordination and final certification. We propose to provide the herein described services for a total fee of $2,600.00, excluding direct costs. This fee is based on · an estimate of the number of man hours to complete the herein described services at the following hourly rates: Sr. Engineering: Jr. Engineering: Technician: Jr. Technician: Administrative: $60.00 Per Hour $50.00 Per Hour $45.00 Per Hour $40.00 Per Hour $25.00 Per [{our Should it take additional man hours than what has been estimated, we will notify you for approval prior to performing the work. Expenses for work required which is not covered in the herein described items will be billed as direct costs without mark-up. Direct costs would include such items as printing, permitting, long- distance telephone calls and mileage r e i~bursement as provided by State law. We are available to begin the work described herein upon our receipt of your written acceptance of this proposal/contract. Mr. Robert McClary November 20, 1990 Page 3 Should call. you require further information or clarification, please Very truly yours, MOSBY ANp,A~SOC[ATES, INC. RLM:D%s 'Randy'k'-?~0S~"E' WITNESS Accepted this day of 1990. Signature Witness City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Airport Master Plan Approved For Submittal By: city Manager ~' Dept. of Origin: City Manaaer Date Submitted: 1_~ For Agenda Of: 11/28/90 Exhibits: ) - FAA Letter Dated 11/7/90 ) - City Manager's Letter To FAA ) Dated 11/=8/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: SORRY STATEMENT The City has received notice from the Federal Aviation Administration ("FAA") that they are considering funding the Community Compatibility and Master Plan Study during fiscal year 1991. They have suggested that the City do certain preliminary work, including the termination of the old master plan study prepared by Post, Buckley, Schuh and Jernigan. The FAA recommendations are outlined in the attached letter dated November 7, 1990. RECOMMENDED ACTION Move to ratify the City Manager's letter to the FAA dated November 28, 1990 requesting termination of the master planning grant which was undertaken by the City in 1986. US. Department o~ TrOnslDortation Federal Aviation Administration RECEIVEDI'i ,)V- 9 1990 ORLANDO AIRPORTS DISTRICT OFFICE 9677 TRADEPORT DRIVE, SUITE 130 ORLANDO, FLORIDA 32827-5397 Mr. Robert S. McClary Manager, City of Sebastian P.O. Box 127 Sebastian, FL 32958 Community Compatibility & Master Plan Application Dear Mr. McClary: This is to appraise you of the status of application review for the above referenced project. This office will consider funding referenced project in fiscal year 1991. We are still awaiting a final determination of discretionary funding available for use by the Orlando ADO. Therefore the distribution of funding to eligible projects is still pending and a final determination of funding to be allocated to this project is also pending. I would like to take this opportunity to discuss some start-up concerns. We may be able to resolve them in the interim and thereby expedite the review and negotiations process to the extent possible. The following concerns are not identified in a specific order for your action. Rather they must all be resolved prior to work beginning in this study. 1. The FAA must review and approve professional services agreements prior to a Notice to Proceed and any work being undertaken. This may also apply to subcontracts. There are certain mandatory contract provisions which pertain to consultant contracts. They are included here for your use. ae Contracts shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for sanctions and penalties as may be appropriate. be Contracts over $10,000 shall contain suitable provisions for termination by the sponsor, including the manner by which it will be effected and the basis for settlement. In addition, contracts shall describe conditions under which the contract may be terminated for default, as well as conditions where the contract may be terminated because of circumstances beyond the control of the consultant. 2 All negotiated contracts shall include provisions to the affect that sponsors, the Federal Aviation Administration (FAA), the Comptroller General of the United States, or any of the duly authorized representatives shall have access to any books, documents, papers, and records of consultants which are directly pertinent to a specific grant program, for the purpose of making audits, examinations, excerpts, and transcriptions. Sponsors shall require consultants to mainta~.q all required records for three years after the spo~r makes final payment and all other pending matters"~ closed. Title Vi and Minority Business EnterPrise Assurances shall be included in each contract. See attached. It is also recommended that consideration be given to the following provisions: Should provide for time extension if necessary to complete the project, within the project amount, since project cannot be amended to increase funds. Subject to FAA approval, provide for renegotiation of changes or modifications to the study design as warranted. Identification of owner of information and documents prepared and availability of reproducible to the sponsor. 2. Use of force account - if' this applies or is a consideration, please explain the nature of the force account work to be undertaken. In identifying personnel, hourly rate and number of hours to be involved, this is eligible, provided it is valued at a rate consistent with what is ordinarily paid to these individuals for the work they perform within the organization. Fringe benefits to be included must be actual and reasonable. In the case of overhead, accountability may be identified based on an indirect cost rate as established for the Agency. This must be uniform and applicable to any other project receiving financial assistance. If an indirect cost rate is not applicable to any other projects currently underway, then it cannot be applied to this project. Costs associated with the use of equipment or acquisition of supplies and materials must otherwise be valued at the market value applicable at the time of use or acquisition. Other costs such as rent would also be based on actual cost of space being utilized and for the time period in use. Accurate record of hours personnel employed on the project must be kept; and procurement must comply with reasonable procurement standards. FAA approval of the use of force account work will be based on review of sponsor assurances that adequate and competent personnel are available to satisfactorily accomplish the proposed planning effort. 3. Study Design and Grant assistance costs - Total cost associated with this compop.ent is identified in Schedule D - Schedule of Fees as $21,750.~T~s is approximately ten percent of total project cost and woul~epresent $19,575 in federal assistance. FAA participation in~.this cost will be subject to FAA determination of eligibility, reasonableness and limited to actual expenses incurred, submittal of vouchers and justification for payment of the same. Since these costs have already been incurred, we could review the same and confirm actual costs as a special condition in the grant offer. 4. Reimbursable expenses - FAA participation in costs associated with public hearings, if required, direct expenses such as travel, reproductions, communications and any optional costs will be eligible for reimbursement based on actual expenses incurred, submittal of vouchers and justification for payment of the same. 5. In the subsequent grant to be awarded, the federal share will be reduced by $27,908 as specified in Paragraph 2 of the "Agreement in Principle" between the City of Sebastian, Florida and the Federal Aviation Administration dated June 8, 1989. This money reflects funds expended by the City of Sebastian under AIP Project No. 3-12-0145-01. To terminate this project and recover the balance of funds available therein, we request submittal of the following: Executed copy of professional services contract with Post, Buckley, Schuh, & Jernigan. b. Breakdown of force account used, if applicable. Ce Certification that consultant has been paid in full for work performed. Please forward invoices and copies of cancelled checks or submit a letter from the consultant wherein he certifies they have been paid in full for work performed. This should identify project number, project costs, amounts paid, etc. Letter from the City of Sebastian wherein City of Sebastian formally requests termination of this grant, and a brief description of the events leading up to this request for termination of the same. Please include justification of why the costs incurred should be paid by FAA, and not recovered. 4 e. Copy of executed grant agreement. Termination of the AIP-01 project will need to be completed prior to grant offer, and referenced as a special condition to the grant. 6. Forecast.for Approval - If the Apogee Research forecast of aviation activity is to be the basis for the demand/capacity analysis and identification of development alternatives, it must still be justified and submitted to FAA for approval as the "recommended" forecast for the airport. Please complete this action prior to proceeding with the identification and evaluation of development alternatives. 7. Noise - The 1987 Noise Contour Map presented in the December 1988 Master Plan is not "current" for use in this study. Noise restrictions were included in the March 1989 amendments to the City Charter. An assessment of the community's sensitivity and there perceptions of noise is relevant and therefore an up-to-date analysis of this study component is pertinent. Therefore, preparation of a current (1991) and at least a five - year projection of these noise contours, using the FAA Integrated Noise Model, is requested. 8. Reimbursement by FAA is the anticipated method of payment for this project once the grant is issued. 9. We would appreciate some preliminary feedback at this time on City's intentions or commitments to implement the study once completed. We will appreciate your response to these concerns. Approval of study design and associated costs is pending your response. Sincerely Ilia A. Quinones-Flott Airports Plans & Programs Manager Attachment MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 1. Polic~. It is the policy of the Department of Transportation (DOT) that m~nority business enterprises as defined in 49 CFR Pa~t 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this a~Teement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this a~Teement. 2. MBE Obligation. The contractor a~ees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this a~eement, in tb/s regard, all oon~raetors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perfo~n contracts. Contractors sh~ll not dtsorim/nate on the basis of race, color, national origin, or sex in the awa~d and performance of DOT-assisted contracts. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 November 28, 1990 Ilia A. Quinones - Flott Airport Plans & Programs Manager Federal Aviation Administration Orlando Airports District Office 4100 Tradecenter Street orlando, FL 32927-5096 Re: AIP Project # 3-12-0145-01 Dear Ms. Quinones - Flott: Please consider this as a formal request by the City of Sebastian to terminate the above reference project. This project was a master planning study done in behalf of the city of Sebastian by the consulting firm of Post, Buckley, Schuh & Jernigan. In March of 1989, the electorate of the City of Sebastian approved amendments to the city charter which, among other things, would impose a noise rule and user fee at the Sebastian Municipal Airport. During the drafting of the ordinances implementing the Charter amendments, the city negotiated an "Agreement in Principle", with the Federal Aviation Administration. This agreement, also referred to locally as the "Standstill Agreement", allowed the City to hold in abeyance the ordinance implementing a noise rule and user fees at the Sebastian Municipal Airport while the City inducted a planning study which is now referred to as the "Community Compatibility and Master Planning Study". This study is nows the subject of a grant application filed by the City of Sebastian and pending your approval. The Federal Aviation Administration had paid a total of $27,908 in federal funds for the Post, Buckley, Schuh & Jernigan Master Plan. Although this study was never implemented by the City, the cost incurred by the Federal Aviation Administration should not be recovered. Ms. Ilia Quinones - Flott November 20, 1990 Page #2 These funds were paid pursuant to a valid grant agreement between the City of Sebastian and the Federal Aviation Administration. Most significantly, however, the City has agreed to a reduction of $27,908 from the anticipated 90% funding for the new Community Compatibility and Master Plan Study. The affect of this reduction is to replace with local funds those federal dollars used to fund the previous planning study. As requested in your letter dated November 7, 1990 addressed to me, I enclose the following: Executed copy of professional services contract with Post, Buckley, Schuh & Jernigan. Certification that no force account was used. de Certification that consultant has been paid in full for work performed. Copy of executed grant agreement. This letter has been reviewed and approved by the City Council of the City of Sebastian at its Regular Meeting of November 28, 1990. Sincerely, RSM/jmt Robert S. McClary city Manager City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: J & S Aviation Airport) Lease ) ) ) ) Approved For Submittal By: City Manager~-~~~-- Agenda No. Dept. of Origin: city ~anaqer Date Submitted: ~ ) ) For Agenda Of: !1/28/90 ) ) Exhibits: ) - J & S Aviation Letter Dated, ) 11/16/90 ) EXPENDITURE REQUIRED: AMOUNT BUDOETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The city, as owners of the airport property, own the land and improvements which are leased to J & S Aviation. Included with the improvements are two (2) fuel tanks which must be replaced to come into compliance with current regulations. J & S Aviation is proposing to replace these fuel tanks at its expense provided they are compensated at a depreciated value in the event the lease is not renewed. A copy of the J & S Aviation request is attached for your review. RECOMMENDED ACTION Move to direct the city Attorney to prepare an addendum to the Airport Lease for J & S Aviation to address fuel tanks. MAINTENANCE MAJOR & MINOR A.&P. FUEL J and S Aviation SEBASTIAN MUNICIPAL AIRPORT P.O. Box 893 SEB^ST:^N, FLORID^ 32958 AIRCRAFT RENTAL RADIO SALES AND REPAIR CITY OF SEBASTIAN ROBERT S. McCLARY, CITY ~ANAGER P 0 BOX 780127 SEBASTIAN FLORIDA 329?8 NOV 19. 1990 DEAR ROB; THE FUEL FARM NOW LEASED BY J&$ AVIATION IS A LEASEHOLD IMPROVEMENT OWNED BY THE CITY OF SEBASTIAN AND LEASED TO J&S AVIATION. THE FARM CONSIST OF TWO 2,000 GALLON TANKS AND TWO 3000 GALLON TANKS. THE TWO 2000 GALLON FUEL TANKS IN THE FARM NK;ST BE REPLACED AT THIS TI~E DUE TO AGE. THE OTHER TWO WILL NEED TO BE REPLACED IN 1992. J&S AVIATION PROPOSES TO REMOVE ALL FOUR TANKS AND REPLACE THEM WITH ONE 10,000 GALLON TANK MOUNTED ABOVE GROUND. J6S AVIATION WILL PAY ALL COST FOR THE REMOVAL OF THE OLD TANKS AND THE INSTALATION OF THE NEW TANK IF THE CITY WILL AGREE TO GIVE A FAIR MARKET CONSIDERATION FOR THE EXPENDITURE AT THE TINGE OF THE LEASE RENEWAL OF THE J6S AVIATION LEASE. THE J6S AVIATION LEASE IS TO BE RENEWED IN 1999 AND THE FUEL FARM LIFE SHOULD BE AT LEAST 20 YEARS. J&S AVIATION ONLY WANTS A FAIR RETURN ON IT'S INVESTN~ENT AND DOES NOT WISH TO BURDEN THE AIRPORT WITH THE EXPENDITURE OF THE FUEL FARM AT THIS TIME. I PROPOSE NO MONEY FOR THE FUEL FARM AT THE TIME OF LEASE RENEWAL, ONLY THAT THE ADDED VALUE OF THE NEW FUEL TANK NOT RAISE THE RENT UNTIL THE FUEL FARM IS 20 YEARS OLD. IF WE FAIL TO RENEW THE LEASE I WOULD ASR FOR A FAIR MARKET PAYMENT FOR THE UNUSED LIFE OF THE FUEL FARM. TO AVOID A VIOLATION WITH EPA, AT A MININK~ WE NfgST NiAKE AN IMMEDIATE ARANGEMENT TO REMOVE THE TWO TANKS THAT ARE OUT DATED. I WOULD LIKE TO BRING THIS BEFORE COUNCIL AT THE NEXT MEETING. ,~L vAN ANTWERP /' J&S AVIATION City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: City Manager Personnel) ) ) ) ) ) ) Approved Por Submittal By: City Manager Agenda No. Dept. of Origin: ~ Manaqer Date Submitted: 11/20/90 For Agenda Of: ~1/28/90 Exhibits: - Outline of Projects - Administrative Secretary Job Description EXPENDiTUR~ REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: ~ S~TEMENT The City Manager's Office continues to become backlogged with work. Additionally, I am concerned about consistency in our personnel practices, which have become more complex in recent years. I have attached for your information an outline I prepared last April which indicates the work load in my office. I am requesting the City Council authorize a one half time Administrative Secretary for my office. It would be my intent to utilize the Administrative Assistant currently in my office to process most personnel work by relieving her of some of the computer word processing and filing responsibilities. The estimated annual cost of a part-time Administrative Secretary, including benefits, is approximately $8,300 per year. I would include this expenditure in an upcoming budget amendment. RECOMMENDED ACTION Move to authorize a part-time Administrative Secretary position for the City Manager's office, not to exceed 1,040 hours per year. ~.~ - address Chapter 11 issues - file claims - compile information - contract analysis - property inventory - mitigating claims (we take property instead of money) (coordinate with other GDC community) Unit 16 - 17 -long standing lsues of poor,~ streets & drainage & upgrades - what do we do while GDC is'in bankrupcy - - Plan of Action Other 1979 Contract Issues - major drainage canals - what about 16 not yet built - sea walls on Collier Creek - policy development - who fixes - wentworth & other drainage (Asboetic Cement) GDU - acquire system & franchises with IRC - fire hydrants IRC Utilities - coordinate & implement special assessments #a~or stFeet Issues - ~ - IRC impact fees & plan e.g. * Gibson Street * Parallel Reliever (Alternate) to U.S. Skillman * GDC negotiations on Fleming to Easy * Many problems with Stratton Avenue * Twin pair & CR 512 - need to do something * Main Street realignment * Indian River Drive from IRC to Sebastian * U.S. # median improvements * Roseland Road extension to Laconia to 510 * Wimbrow through Collier Place * Louisana Avenue to North Central * Bike Path * Airport Drive, East * Street Sign Program * Traffic circulation Study * Annual Street Improvement Program ,0 o 10. 11. 12. BUILDIN~ PROJECTS Police Station Central Grarage Golf Course City Hall Renovations (include annex) BARBER STREET SPORTS COMPLEX - IRC Funding - construction coordination - operating policy development (Very Important) - maintenance policy - purchase lots (perhaps condemnation) - coordinate with North County Recreation STREET Li~HTIN~ - Ail requests through City Manager's Office - coordinated MISCELLMq~ous PROPERTY ISSUE - CAVCORP - Paul Stevenson PARK DEVELOPMENT - get title to rest of Hardee Park - Hardee Park Development (Grant Money) - Easy Street Park Development - Schumann Lake "iSLAND" - Riverview Development - Boone Parking Lot L~W SUITS - Snell vs. Votapka, etal - Smith vs. City (Wrongful Termination) - Regan vs. City (Wrongful Termination) - Finucane (Personal Injury) - Sherbrook vs. Oberbeck (Civic) - Diefenbach vs. City (Personal Injury) - Mazzeo vs. City (Personal injury) OTHER LEGAL ISSUES - All communication to City Attorney through City Manager (by contract) includes, other special counsel. Things we do take time and money away from C. Nash. FINANCE - audit aftermath, exit interview and management comments. - update computer system - current financial data (2 months behind) Charter requires city manager to inform city council 13. CITY CLBRK'B OFFICE - assist with filing system - assist with office renovation - assist when asked, eg., PAC Problem 14. PUBLIC WORKB - requests for service - GDC items per above - drainage problems & study - right-of-way permits - development issues, eg. Cemetery 15. POLICE - station - mutual aid agreement - policy issues 16. fiOLF COURSE - restaurant lease - condition of course - parking lot & other need non-course improvements 17. CO.UNITY DEVELOPMENT - implementation of Comprehensive Plan, eg. * Riverfront Study '- code enforcement issues 18. AIRPORT - compatibility study - public participation - safety study on R/W 13/31 - "standstill" agreement - Compliance 19. BUDGET PREPARATION BY CHARTER 20. 'SUPERVISE ~FFAIRS OF aLL DBPARTMENTS (Except Clerk & Attorney) 21. IKPLEMENT ALL POLICIES UNDER CHARTER 22. MAKE POLICY RECOHMENDTIONB - CHARTER 23. PBRBONNEL - CNARTER - SOP & Union Contracts - Apply to all .departments consistently - public employees are diffent, eg. U.S. Constitution, FLSA, State requires Veterans Preferance - negotiating contracts (lawyers) - contract administration and interpertation, eg. review & approve salary adjustment, grievances, recruitment, public personnel records. - employee training program - System 7 - Required safety program, FLC - one coordinator - health insurance, includes applications, claims - all workers' compensation claims filed with city manager's office - coordinate employment physicals - backgrounds - new employee orientation - rewrite SOP - position control - maintain personnel records - assist in interviews & testing - 14 recruitments since 12/04/89 - General - coordinate with department heads 24. GENERAL - Approve all PO's - sign all checks over $500 - prepare city council agenda and write most of backup - staff representative on miscellaneous committees, eg., Recreation Committee, Safety Committee, Emergency Management Committee - Request for services or information - official spokesman & public relations responsibilities - special events, eg. city's role in 4th of July, employee recognition ADMINISTRATIVE SECRETARY MAJOR FUNCTION This is difficult, specialized and responsible secre- tarial, clerical and administrative work. The employee works with considerable independence within the scope of established laws, rules, regulations and procedures. ILLUSTRATIVE DUTIES Acts as administrative and secretarial assistant to the head of a department. Interprets administrative policy and decisions as explained and directed. Relieves the department head of clerical details and operational administrative mat- ters. Transmits orders and instructions with the authority of the supervisor. Performs public relations functions with the public, de- partment heads, officials, personnel and visitors. Coordinates meetings, conferences and appointments for the department head. Takes and transcribes difficult, technical dictation of correspondence. Prepares complex records and reports. Takes calls and answers inquiries. Opens and sorts mail. Composes correspondence independently and maintains records and files. Maintains accounting, payroll and other department bookkeeping records. Processes purchase orders. Processes all materials for meetings. Maintains official records. Supervises the flow of communications for the office. P~epares special reports. Assists department head in budget activities and preparation. Takes and screens all incoming calls. Dispatches police and other emergency vehicles. Reviews all applications and plans for permits. Processes request, calculates costs, issues permits and maintains appro- priate records. Performs related work as required. MINIMUM QUALIFICATIONS Knowledge, Abilities and Skills: Knowledge of business English, spelling, punctuation and arithmetic. Knowledge of modern office practices an~ procedures. Knowledge of the responsibilities and nature of confidential secretarial work. Knowledge of department rules, regulations, procedures, func- tions and personnel, and the ability to apply these to complex work problems and situations. Knowledge of the principles of office management and supervision. Ability to compose effective and accurate correspondence and to deal with non-routine matters, such as completing complex work, with minimum instructions. Ability to keep complex records and reference files, to assemble and organize data and to prepare composite reports from such data. Ability to promote a harmonious atmosphere and smooth flow of business into and out of superior's office. Ability to meet and deal ~DMI~ISTRATIVE SECRETARY (Continued) Knowledge. Abilities and Skills: (Continued) with the' public in an effective and courteous manner and '5o work as a highly cooperative member of a team, who works for and with others towards a common mission. Ability to type, and to take and transcribe shorthand (or another acceptable method) at the prescribed rate of speed. Skill in the application of modern secretarial techniques and practices and in sound principles underlying human relations. Training and Experience: Graduation from high school or equivalent certification; courses in typing and other commer- cial subjects, eupplemented by experience in responsible clerical administration; or any equivalent combination of training and/or experience.