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Home My WebLink About05271998 City of Sebastian 1225 MAIN STREET g SERASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 27, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-9 7-21) 1. 2. 3. 4. 5. 98.112 98.090 98.113A CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Police Chaplain Frank Camillo BOLL .C,3,L L AGEND_.~ MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) PROCLAMATIONS, ANNOUN¢I~MI~NTS .~ID_/OR I~RESENTATIONS A. Presentation of Certificates of Completion to Vice Mayor Wininger and Councilmember Neuberger for Florida Institute of Government Institute for Elected Officials B. Presentation of Plaque to Employee of the Quarter - 1st Quarter 1998 C. Presentation of Plaque to Michael Oliver - Code Enforcement Board 98.109 98.110 98.111 98.114 98.113B 98.115 9. 10. ITEMS CARRIED OVER FROM 5/11/98 REGULAR MEETIi~G Review and Direction Concerning Proposal for Indian River County Sheriff's Office to Provide Dispatching Services for City of Sebastian - Postponed from 5/13/98 (City Manager Transmittal 5/6/98, City Manager Memo 5/6/98, Chief Memo 5/19/98, Chief's Report Previously Distributed) F~t Reading of Ordinance No. O-98-05 - Board Procedures Amendment - Set Second Reading, Public Hearing and Final Adoption for June 10, 1998 (City Attorney Transmittal 5/7/98, O-98-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING- THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Formal Approval for Cub Scout's Use of Riverview Park for Crossover Ceremony on May 21, 1998 (Fromang Letter) CITY COUNCIL MATTERS B. C. D. E. Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright CITY ATTORNEY MATTERS CITY MANAGER MATTERS CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 5/11/98 Special Meeting Prior Approval for Reimbursement of Expenses for Councilmembers Cartwright and Neuberger to Attend Advanced Institute for Elected Municipal Officials - Orlando - 6/12/98 and 6/13/98 (City Clerk Transmittal 5/18/98, Conference Information) Accept Resignation of Michael Oliver from Code Enforcement Board (City Clerk Transmittal 5/18/98, Oliver Letter) Approve Waiver of Procurement Procedure and Purchase "Pro Patch" Pothole Patcher Body from H.D. Industries, Inc. of Jacksonville, TX - $47,160 Installed and Delivered - Three Days Training and One Year Warranty (Public Works Director Transmittal 5/11/98, Quote, Pictures, Budget Transfer) 2 Approve Change Order to C.R. McLellan Annual Culvert Replacement Contract- Main Street Manhole Installation - $7,500 (Public Works Director Transmittal 5/20/98) 98,116 Fo Request for Temporary Position of Engineering Intern in Public Works Department through September 1998 (Public Works Director Transmittal 5/21/98) 11. PUBLIC HEARING - None 12. INTRODUCTIO~ 0F N]~ ~l,,[$J,.NIl~$$ FROM THI~ PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 13. COMMITTEE REPORTS/RECOMMENDATIONS 14. OLD BUSINESS - None 15. NEW BUSINESS 98.065 Adopt Resolution No. R-98-23 - Final Plat Approval for Collier Creek Estates Phase II (Community DevelopmentJCity Engineer Transmittal 5/20/98, R-98-23, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAlq RIVER COLrNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIViSiON KNOWN AS COLLIER CREEK ESTATES, PHASE TWO; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE }8.117 B. Proposed Reorganization of Community Development Department (City Manager Transmittal 5/21/98) 98.118/97.141 C. City Attorney Contract (Agreement, 5/28/97 Minutes) 98.119 98.120 Discussion Items I. Budget Advisory Conmfittee (Requested by Councilmember Neuberger) 2. Occupational License Equity (Requested by Councilmember Neuberger) 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING (OR HF_.ARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCV~DINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WttlCH THE APPEAL IS TO BE HEARD. (286.0105 FS.) IN COMPLIANCE WITH THE AMERICANS WITH D IX4B ILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meeting: · Regular Meeting - Wednesday, June 10. 1998 (~ 7 p~n · SpecialMeeting - Wednesday, June 17, .1998 (~ 7pm (tentative quasi-judicial hearing) · RegularMeeting. Wednesday, dune 24, 1998 ~ 7pm ° RegularMeeting- Wednesday, July 8, 1998 (~ 7pm · Budget Workshop - Tuesday, July 21, 1998 ~ 7pm · Regular Meeting - Wednesday, July 22, 1998 ~ 7pm Budget Workshop Of needed) - Thursday, July 23, 1998 ~ 7pm Public Forum - Wednesday. July 29, 1998 ~ 7pm 'INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET MAY 27, 1998 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Address: /-Ttp -'Z. (i~-~ ~]'~~ Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Name: Address: Subject: Address: Subject: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589~5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 27, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CAL~ City Council present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Pr?~ent: Ci.ty Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Public Works Director, Pat Brclman City Engineer, Martha Campbell Chie£o£Police, Randy White City Planner, Tracy Hass Finance Director, Janet Isman Deputy City Clerk, Sally Maio [egular City Council Meeting ay 27, 1998 Page Two 98.112 98.090 98.113A 98.109 ~G~NDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) None. PROCLAMATIONS, ANNOIJ]NCEMENTS AND/OR PRE$1~LNTATIONS Pre$crltotion of Certificates of Coml~lctigtl to Vice Mayor Wininger and ~ouncilmember Neuberger for Florida Institute of Govemmen..[Institute for Elected Officials Mayor Sullivan presented certificates of completion to Vice Mayor Wininger and Councilmember Neuberger. B. Presentation of Plo~lue to Employee of the O~jarter - 1st Quarter 1998 Mayor Sullivan presented a plaque to Employee of the Quarter Joe Byers. C. Presentation of Plaqo¢ to.Michael Oliver - Code Enforcement Board Michael Oliver could not be present. ITEMS CARRJ_~O OVER FROM 5/11/98 REGULAR MEETING Review and Pk¢ction Concerning Proposal f.9_r hi, an River County Sheriff's Office to Provide Dispatchir~g ~.er~kce~ for City of Sebastion - Postponed from 5/13/98 (City.Ma0ager Transmittal 5/6/98, City Manager Memo 5/6/98, Chief Memo 5/19./98, Chief's Report Previously Distril211t?ql) The City Manager said there was an additional memo in the backup from Chief White dated May 19, 1998; and noted attendance by officials from Indian River County Sheriff's Department, Indian River County Emergency Management, Indian River Shores, and Fellsmere. Mayor Sullivan called for public input and the following individuals spoke: John Neve, Breakwater Terrace, Sebastian, objected to the proposal Richard Taracka, Coverbrook Lane, Sebastian, supported the proposal. Ernest Gerber, CWA Union Representative, objected to the proposal. Cindy Dierkes, Bailey Drive, Sebastian, objected to the proposal. Walter Barnes, 402 Azine Terrace, Sebastian, supported the proposal. Steve DiTrapano, Sebastian, CWA Union Vice President, objected to the proposal. Louise Kautenberg, 973 Oswego Avenue, Sebastian, expressed concern about the proposal. Rick Hershberger, CWA President, suggested Council look at the proposal indepth before it acts. 2 {~,fegular City Council Meeting ay 27, 1998 Page Three Steve Marcinek, Sebastian Police Officer and Police Union Rep, objected to the proposal. Elizabeth Griffin, Phelps Street, Sebastian, objected to the proposal. Peter Socci, 126 Midvale Terrace, Sebastian, objected to the proposal. Julio Carosi, 589 Michael Street, Sebastian, objected to the proposal. Gloria Brown, City dispatcher, objected to the proposal. Gary Wheeler, Indian River County Sheriff, said although he had no stake either way, he was willing to assist the City if it decided to move dispatch to Indian River County; and quashed the rumor that there was any intention to move the Police Department to the county. Chief Cox, Public Safety Director for Indian River Shores, said the Sheriff's office provides a high level of service to Indian River Shores. Chief Larry Tippins, Fellsmere, said he was also very pleased with the service the Sheriff's office provides. TAPE I - SIDE II (7:47 p.m.) Doug Wright, Director of Indian River County Emergency Management, addressed City Council on the 9-1-1 systems, funding thereof, and uses of the funding. Nate McCollum, Indian River County Emergency Management, distributed documentation relative to the 9-1-1 system (see attached). Mr. Wright explained the proposed CAD system which is expected to be working by July. Mr. Wright said the County dispatch center is receiving approximately 4800 calls per month. A lengthy discussion followed. TAPE II - SIDE I (8:35 p.m.) Following this lengthy City Council discussion on the pros and cons of the dispatch proposal, motion was made. MOTION by CartwrighffPaul I move that we keep the dispatch center as it is in Sebastian and keep the 911 emergency dispatch with the County as it is right now. Vice Mayor Wininger suggested Council should consider additional staffing of the police station on nights and weekends, and it was noted this is a budget matter. Chief White said upgrades will be required to bring the center up to standard and in line with coming changes. Mayor Sullivan conm~ended Chief White on his report and for bringing this matter to City Council. 3 al~Regular City Council Meeting ay 27, 1998 I~Page Four 98.110 B. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - nay MOTION CARRIED 4-1 (Wininger - nay) Mrs. Cartwright and Mayor Sullivan thanked the officials who attended the meeting. Mayor Sullivan called recess at 9:05 p.m. and reconvened the meeting at 9:22 p.m. All members were present. First Reading of Ordinance No. O-98-05 - Board Proce0ures Amendment - Set ~¢qond Reading, public Hearing gnd Final Adoption for June 10, 1998 (CiI7 Attorney Transmittal ~J.7./98, 0-98-05) AN ORDINANCE OF 'I~IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING TttAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SttALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIYlCATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-98-05 by title only, and explained the amendments. Mrs. Cartwright suggesting that "immediate" be added before "resignation" in 2-167 and adding "or committee" before "simultaneously" in 2-167. The City Attorney said changing the substance of the ordinance would require another first reading on the ordinance, and suggested adding "or permanent committee". Vice Mayor Wininger recommended deleting "where a vacancy occurs" in 2-171 and that the definitions for board and committee in 2-166 be more clearly defined by adding "permanent" and "temporary" at the begimfing. TAPE II - SIDE II (9:40 p.m.) City Council concurred with all recommended changes. It was the consensus of Council for the Attorney to redraft the ordinance and bring it back for another first reading. degular City Council Meeting ay 27, 1998 Page Five 98.111 C. F~rmal Approval for Cub Scout's Use of Riverview Park for Crossover Ceremony on May 21, 1998 (Fromar~g L~tter) MOTION by Sullivan/Paul I would move approval of the Cub Scout's use of Riverview Park for the crossover ceremony. VOICE VOTE on the motion carried 5-0. Mr. Paul suggested trying to get through the rest of the agenda before Council Matters and Council concurred. CITY COUNCIL MATTERS B. C. D. E. Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwrigbt CITY ATTORNEY MATTERS The City Attorney stated that Code Enforcement had released the lien for Herbert Sturm and submitted a memo (see attached). The City Manager said the lien was over $210,000. The City Attorney distributed a draft letter to the Chamber of Commerce regarding use of the old Chamber building and suggested it be discussed at a future meeting. The City Attorney encouraged attendance at a sunshine law conference in St. Lucie West. CITY MANAGER MATTERS The City Manager extended his gratitude to Public Works Director, Pat Brennan, who is leaving the City tomorrow; reported that trees on George Street are being cut down; reported no parking signs have been installed on Indian River Drive; discussed the Dempsey/Vocelle drainage matter, the Barber paving schedule, the Filbert Street site; and received Council concurrence to request the site back, and possibly approach it as a community effort. 5 ~m,Regular City Council Meeting ay 27, 1998 I~Page Six 98.114 98.113B 98.115 1.025 98.116 10. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 5/11/98 Special Meeting Bo Prior Approval for Reimbursement of Expenses for Councilmembers Cartwright and Neuberger to Attend Advanced Institute for Elected Municipal Officials - Orlando - 6/12/98 and 6/13/98 (City Clerk Transmittal 5/18/98, Conference Inforn~ation) Accept Resignation of Michael Oliver from Code Enforcement Board (City Clerk Transmittal 5/18/98, Oliver Letter) Approve Waiver of Procurement Procedure and Purchase "Pro Patch" Pothole Patcher Body from H.D. Industries, Inc. o£ Jacksonville, TX - $47,160 Installed and Delivered - Three Days Training and One Year Warranty (Public Works Director Transmittal 5/11/98, Quote, Pictures, Budget Transfer) Approve Change Order to C.R. McLellan Annual Culvert Replacement Contract- Main Street Manhole Installation - $7,500 (Public Works Director Transmittal 5/20/98) Request for Temporary Position of Engineering Intern in Public Works Department through September 1998 (Public Works Director Transmittal 5/21/98) The City Manager read the consent agenda. Mrs. Cartwright and Vice Mayor Wininger removed items D and F; Mayor Sullivan removed item A. MOTION by Paul/Cartwright I'd like to move that items B, C, and E of the consent agenda be approved. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 6 am,Regular City Council Meeting ay 27, 1998 ~P2ge Seven 98.115 D. Approval of Minutes - 5/11/9!! Special Meeting Mayor Sullivan requested addition of the following: Page 4 - last paragraph - third sentence. Change to "Mayor Sullivan also objected to funding and location at the police station." Page 5 - change the first sentence to "Mayor Sullivan questioned the $90,250 budgeted for a new Public Works Compound office building and it was removed." MOTION by Sullivan/Neuberger I would move approval of the minutes of 5/11/98. VOICE VOTE on the motion carried 5-0. dkpgrov, Waiver of Procuren~01~ Procedure and Purchase "Pr9 P. at~:h" Pothole Patcher Body from H.DL_J, tglustries, Inc. of Jacksonvill_e,_IX- $47,160 Installed and Delivered- Three Days Training and One Year Warranty Mrs. Cartwright said the motion must include the transfer, however, the City Manager said internal budget transfers within the same ftmd do not require Council approval. She then asked what was being deleted to accommodate this purchase. The Public Works Director and Finance Director explained the line item transfers. Vice Mayor Wininger questioned the need for this piece of equipment in light of the paving program; asked when "fair" roads will be paved; and why the equipment wasn't being bid. The City Manager explained the fair road paving schedule and the Public Works Director explained the piggyback process. MOTION by CartwrighffNeuberger I move to approve item D of the consent agenda. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 ~,Regular City Council Meeting ay 27, 1998 l~Page Eight 98.116 F. Request for Temporary Po_sjt. i90 0f]~ngineering Intern in Public Works Department.~hroogh September 1998 Vice Mayor Wininger asked the qualifications, when the position starts, and the wage. The City Manager said a student was being sought, through the end of September at a rate of $10 per boar. MOTION by Cartwright/Neuberger I move to approve item F. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 11. PUBLIC HEARING - None 12. INTRQDUCTION OF NEW BUSINESS FROM THE pUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Jane Barczyk, 609 Caravan Terrace, Sebastian, said there are no minutes for any City meetings at the public library, and suggested this be done. 13. 14. COMMITTEE REPORTS/RECOMMENDATIONS - None OLD itUSINESS - None 15. NEW BUSINESS 98.065 Adgpt g~sQlution No. R-98-23 - Final Pig[ Approval for Collier Creek Estates Phase II £(~o. mmunit~ Development/City Engineer Transmittal 5/20/98, R-98-23, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAI FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES, PHASE TWO; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT }IEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECiIVE DATE. The City Attorney read Resolution No. R-98-23 by title. Regular City Council Meeting May 27, 1998 :Nine TAPE III - SIDE I (10:28 p.m.) Attorney Warren Dill, representing applicant, Harold Adams, addressed Council, and requested modification to the resolution conditions as follows (see revised resolution as submitted by Mr. Dill attached): MOTION by Sullivan/Neuberger I would move to extend the meeting to 11. VOICE VOTE on the motion carried 4-1 (Paul - nay) Discussion took place on the proposed amendment. The City Engineer and City Planner said they had no problem with the revised resolution. MOTION by Sullivaw'Cartwright I would move approval of the Resolution R-98-23 as amended with the wording substituting covering A and B as submitted by Mr. Dill. VOICE VOTE on the motion carried 5-0. 98.117 B. Proposed Reorgarti~atiOrkof Community Developm_~lll lDepartment (Cio Manager Trao~wittal 5/21/98) The City Manager reiterated his proposal to split the department into two separate departments, Planning and Zoning and Building He said if Council is in concurrence, he will come back with job descriptions. Mrs. Cartwright said Council adopted many ordinances relative to the Community Development Department and Director, and asked bow they can be amended easily. The City Manager .suggested that all those references be changed to City Manager or his designee. The City Attorney said that those ordinances have not been codified as yet, and suggested that each of those ordinances be amended strictly to change just those references by one motion. Vice Mayor Wininger said she would be unable to attend the EMS meeting, alternate Mrs. Cartwright said she was unable to attend, therefore, the City Manager said he would attend. The City Clerk advised Council that when the City went from a Mayor to City Manager form of government, one ordinance was adopted to change all references in the Code of Ordinances. The City Manager suggested no action be taken tonight and that he bring the job descriptions to the June 10, 1998 meeting. 9 ~RMegular City Council Meeting ay 27, 1998 Page Ten 16. Time ran out and Mayor Sullivan adjourned the meeting at 11:00 p.m. and the following items were not addressed. They will be carried to the Jtme 10, 1998 regular meeting. 98.118/97.141 C. D. 98.119 98.120 City Attorney Contract (Agreement, 5/28/97 Minutes) Discussion Items 1. Budget Advisory Committee (Requested by Councilmember Neuberger) 2. Occupational License Equity (Requested by Councilmember Neuberger) Approved at the ~ /o Kathryn M~. O'Halloi:~n, CMC/AAE City Clerk , 1998, Regular City Council Meeting. Ruth Sullivan Mayor 10 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 388-8200 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FR OM: SUBJECT: May 27, 1998 Mayor & Members of City Council Valerie F. Settles, City Attorney Release of Lien--Herbert Sturm The purpose of this memorandum is to inform you that the Code Enforcement Board voted unanimously last week to release the lien created against property owned by Mr. Herbert Strum and located at 549 Saunders Street, Sebastian, FL, by an Order of the Code Enforcement Board dated July 21, 1992. The Board cited the disproportionate relationship between the fine and the violation and the ambiguity of the Order. A release of lien will be filed in the Indian River County Clerk's Office. May 19, 1998 DRAFT City of Sebastian 1225 MAiN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (:561) 589-5570 Ed Moore, President Sebastian River Area Chamber of Commerce 700 Main Street Sebastian, FL 32958-3889 Re: Building Previously Utilized as Chamber Offices Dear Mr. Moore: In 1978, the City of Sebastian ("City") conveyed a parcel of land to the Sebastian River Area Chamber of Commerce ("Chamber"), in order that the Chamber could erect a building ("Chamber Building") "for Chamber purposes". The deed provides that "..;if said property and improvements thereon are no longer used for Chamber of Commerce purposes...then said real property and improvements thereon shall revert to the City..." There have been reports that, since the Chamber relocated to the so-called Utilities Building previously owned by the City, the Chamber Building has been used for other than Chamber purposes. The purpose of this letter is to request that the Chamber provide the City with a written report on the status of the Chamber Building, including its compliance with the agreement between the City and the Chamber of February 14, 1978, a copy of which is enclosed herewith. Your prompt attention to this request will be appreciated. Sincerely, Valerie Settles 217723 Februa r~ This ~p.ial ~arran[~ Dc~d ~,,~,,~, ~ ~., 0~ ~~ A.O. ,~ ~ ~, CITY O~ S~ASTI~, a municipal corporation SEBASTI~ RI~R A~A CHEER 0F CO~ERCE, INC., a non-~rofit Florida corgoratlon ~ ~ ~JJ~- ~ P. O. Box 385 Sebastian, Fla. 32958 Beginning a~ a point being the most westerly point of Lot 1, Block in ~ard~e~s Subdlvis~on No. B, Plat ~ook 4, page 74, Public reco=ds of ..St. Lu=ie County (now Inaian ~ver Co~ty)~ Florida, as shown on a survey by a. P. Lloyd, aegistere~ Engineer, ~ated 27 February, 1976, sa~ ~in~ also bei~ on' ~e East line Of U. S. ~1, 100 feet right-of-way. Thence, on an ~nterior a~gle of 90° pe~en~icular to the chord of U. S. ~1 East right-of-way r~ easterly. 35.00 feet~ Thence, on ~ ~ter~or a~gle of 90° and ~arallel to the chord o~ U. S. ~1 East right-of-way sou~erly 50.00 feet~ Thence, on an ~terior ~gle of 90° ~ Westerly 35.00 feet to the East r~ght-of-way of U. S. %1~ Thenc~ r~ 5~.00 fee~ nor~erly on the 'sai~ r~g~t-of-way to the ~oint of IN THE ~ o~ ~issolution of SEBASTI~ ~VER A~A CHEER O~ COM- ~R~, INC., .gr~te~,' or if said grante~ 'o~he~ise ceases to exist, or if sa~a p~o~er~ an~ ~prov~n~s thefe6n are no longer used for Cha~er of ~er=e ~u~oses, or inautivity for a period o~ six ~nths, then sa~ real p~perty ~ ~mprovements thereon shall re~rt.toT~ CI~ OF ~EBASTI~ , a mu~ic~pal corporation, grantor. 20~[~ ~l~ 4It IA~ t,nemenU. A~laments ,nd app~t~n~ncff I~.,ta belonging o~ in any- m~e app~oin~ · ~y ~l~ I~ II1~ ~ s~ ~ an~ w~l de[~ I~* seine *g*~l Ike ~m/u~ c~i~ of a~[ pe~son~ clalml.q' ~y. lkmug~l&ese~gmnl~. ~U~CT ~O a mortgage.as in O~ 530, p. 93, p~liu ~cords of ~.R.Co~ty, Fla., whiuh ~s ~he obligation of grantor. Grantor- agre s t i Gr nt'e ha s' t re rom CITY OF SEBASTIAN, FLORIDA a ,~1 corporation Z HrR~.nY CERTIFY that o~ th;s day. before me, an PAT F~OD, JR., and ~O~CE L. P~, Mayor and City Clerk, resDectlvely, of the CI~ 0F SEGAST~, a m~icipal corpora~n, ~/or, ~ ~t they ~d ~ -~ duly authorize~ so ~o do. ~, ,. ~. ~.. /..' .~.: ...... [-,~?' . · ,~ ',.' / ~,~o~ ~u~'r~ .......................... / 5~a~eg qf~lorida' a~. L0rge , . Ny Co~'i~6n Expires: A.AI,'u 2140 10th Avenue, P. O. Box 488, Veto B~ach~ Florida AGREEMENT THIS AGREEMENT, ~ade and entered into by and between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, hereinafter referred to as 'City,~. party of the first part, and SEBASTIAN RIVER AREA CF.~4BER OF COMMERCE, a non-profit Florida corporation, hereinafter referred to as ~Chamber,". party of the second part; WITNESSETH ~ WHEREAS, the City owns certain centrally located real property which lies across the street from the Sebastian City Hall, municipal'park,and municipal dock and boat launchi.ng area, and is more particularly described below, and WHEREAS, .the Chamber desires to purchase said real property and to erect a build~.g thereon for Chamber of Commerce purposes and public purposes as hereinafter stated, .and WHEP~AS, it is considered in the best interest of the public that said property be Utilized for said Chamber of Commerce and public purposes; NOW, THEREFORE, in consideration of the mutual covenants and .agreements herein contained, .IT IS AGREED by and between the parties as follows: 1. The City .agrees to transfer to ~he Chamber the follow- i.ng described real property located in the City of Sebastian, County of Indian River, State of Florida, ·to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, .in Hardee's Subdivision, No. B, Plat Book 4, page 74, PubIio Records of St. Lucie County' (now Indian River County), Florida, as shown on a survey b~ R. Fo Lloyd, Registered Engineer, dated 27 February 1976, said ~oint also being on the East line of U. S. 91, 100 feet right-o~-way. Thence,' .on an interior' angle of 90° perpendicular to the chord of U. S. 91', .East right-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the chord of U. S.' 91 East r.ight-of-way southerly 50.00 feet~ Thence, on an interior angle of 90° run westerly 35.00 feet to the East r~ght-of-way of U. S. ~1~ Thence, run 50.00 feet northerly on the said right- of-way to the point of beginning. For and in consideration of said transfer of real property, the Cha~er agrees: (al To pay the sum of $25.00 and in kind services to the City..~- ~..~... ~.. : .... ~ ,. ........ ..... . ,.(b.) , To assume,, payment of all taxes, real and personal, of every kind, and to hold the City harmless therefrom. (c) To erect a Cha~er of Co~eerce building on said real property within one (1) year from the-date'hereof;, and to submit drawings and specifications of said bu, ilding to be · .struct.ed to the City Council for approval with~hi:s'i~ty"{60)'days from the date hereof. ?' · .T'~'~'".:,":.(d)'" To,~rovtde'publ t c res troom fact 1 i ties as part of the building structure to be open for use by the public at such hours as the City Council may determine; The Chamber to provide '.adequate fire and extended tnsu~a-nee"~Overage','-.including liability insurance, at $100,000 per each occurrence or accident '-"-~" not to exceed $300,000 if more than one person,tnvol d,!and~to'~ .. furnish proof thereof to the City. ~ (e) .To.maintain the buildtng in clean condition and go=d:~..rep~t~.. The-Chamber will be responsible for the maintenance .... . .- ..., )~. and repat, r of water and sewer lines and septic tank, and all basic structures. The City will be responsible only for cleaning of t)~e rest~ooms. The City will be responsible only for the first $100.00 for any vandalism or damage at the publtc restrooms; any other expenses to be the expenses of the Chamber. 3. [n the event of the dissolution r6f~:th'a,~Ch~mber or if it otherwise ceases to exist in its' capacit~:,"br'i~f.:.the building is no longer used for Chamber of Commerce purposes o~'inactivity for a period of six (6) months, then said real_'p~ope~ty.: and all improvements located thereon, shall revert.i~o~the'_Ctty~._ 4. There shall be no encumbrances on building or land by the Chamber Of Commerce without written approval of the City Council. IN WIT~ESS WHEREOF, the parties have caused these presents to be executed in their names and their corporate seals to be hereunto affixed, by their proper officers thereunto duly authorized, .this '/4ta day of F~, 1978. CITY OF SEBASTIAN, FLORIDA a municipal corporation SEBASTIAN RIVER AREA CHAMBER OF COERCE, .a non-pro,it Florida corp. FILED FOR RECORD ~E¢O~ VEmFmD I~Df~ RI~ CO., ~ , - 3- "IF' The State 9-1-1 plan establishes the Board of County Commissioners in each county as the responsible fiscal agent. Therefore, ultimate responsibility and authority for 9-1-1 within a-county rests with these bodies. The Board of County Commissioners in many counties have designated a knowledgeable individual to act as 9-1-1 coordinator. This individual is responsible for the coordination of all agencies that participate in the county 9-1-1 program on behalf of the Board of County Commissioners. The Coordinator should be positioned at a level in the county organization to carryout the directives of the Board of County Co~missioners, to accomplish the objectives of the county 9-1-1 system plan, to meet or exceed the technical and operational standards for 9-1-1 systems and to keep the Board advised of the status of the 9-1-1 program in the county. It is recommended that the 9-1-1 coordinator report to the county manager or assistant county manager position. This level is consistent with the coordination requirements of this individual to carry out the supervisory activities necessary to the functioning of the county 9-1-1 system. 9 - 1 - 1 SYSTEM REO~REMENTS Ty~es ~f ,9 - 1 - 1 SYstems There are five (5) types of 9-1-1 systems operating in the various counties of Florida (The order shown is not indicative of ranking) 1. Type 2. Type ~ Type Type 5o Basic 9-1-1 Basic 9-1-1 With ANI Basic 9-1-1 with ANI and ALI (also known as a Stand Alone Location Identification System (SALI)) Fully Enhanced E 9-1-1 provided by the regulated telephone company. This includes selective routing, ANI, ALI and selective transfer. Fully Enhanced E 9-1-1 in which the regulated telephone company provides ANI and customer service records. County controlled equipment provides selective routing, ALI and selective transfer. 6. It is the intent of the Legislature that the "911" fee authorized by this section to be imposed by coun- ties will not necessarily provide the total funding required for establishing or providing the "911" service. For purposes of this section, "911" service includes the functions of database management, call taking, loca- tion verification, and call transfer. The following costs directly attributable to the establishment and/or provi- sion of "911" service are eligible for expenditure of moneys derived from imposition of the "911" fee author- ized by this section: the acquisition, implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and "911" service features, as defined in the Florida Public Service Commission's lawfully approved "911" and related tariffs and/or the acquisition, installation, and maintenance of other "911" equipment, including call answering equipment, call transfer equipment, ANI controllers, ALI controllers, ANI displays, ALI displays, station instruments, "911" telecommunications systems, teleprinters, logging recorders, instant playback recorders, telephone devices for the deaf (TDD) used in the "911" system, PSAP backup power systems, consoles, automatic call distributors, and interfaces (hardware and software) for computer-aided dispatch (CAD) systems; salary and associated expenses for "911" call takers for that por- tion of their time spent taking and transferring "911" calls; salary and associated expenses for a county to employ a full-time equivalent "911" coordinator position and a full-time equivalent staff assistant position per county for the podion of their time spent administrating the "911" system; training costs for PSAP call takers in the proper methods and techniques used in taking and transferring "911" calls; and expenses required to develop and maintain all information (ALI and ANI databases and other information source repositories) necessary to propedy inform call takers as to location address, type of emergency, and other information directly relevant to the "911" call-taking and transferring function. The "911" fee revenues shall not be used to pay for any item not listed, including, but not limited to, any capital or operational costs for emergency responses which occur after the call transfer to the responding public safety entity and the costs for con- structing buildings, leasing buildings, maintaining build- ings, or renovating buildings, except for those building modifications necessary to maintain the security and environmental integrity of the PSAP and "911" equip- ment rooms. The State 9-1-1 plan establishes the Board of County Commissioners in each county as the responsible fiscal agent. Therefore, ultimate responsibility and authority for 9-1-1 within a.county rests with these bodies. The Board of County Commissioners in many counties have designated a knowledgeable individual to act as 9-1-1 coordinator. This individual is responsible for the coordination of all agencies that participate in the county 9-1-1 program on behalf of the Board of County Co~missioners. The 9-1-1 Coordinator should be positioned at a level in the county organization to carryout the directives of the Board of County Co~nissioners, to accomplish the objectives of the county 9-1-1 system plan, to meet or exceed the technical and operational standards for 9-1-1 systems and to keep the Board advised of the status of the 9-1-1 program in the county. It is recommended that the 9-1-1 coordinator report to the county manager or assistant county manager position. This level is consistent with the coordination requirements of this individual to carry out the supervisory activities necessary to the functioning of the county 9-1-1 system. 9-1-1 SysTEM REQOIREMENT$ Types of 9-1-1 SYstems There are five (5) types of 9-1-1 systems operating in the various counties of Florida (The order shown is not indicative of ranking): 1. Type 3. Type 4. Type Basic 9-1-1 Basic 9-1-1 With ANI Basic 9~1ol with ANI and ALI (also known as a Stand Alone Location Identification System (SALI)) Fully Enhanced E 9-1-1 provided by the regulated telephone company. This includes selective routing, ANI, ALI and selective transfer. Fully Enhanced E 9-1-1 in which the regulated telephone company provides ANI and customer service records. County controlled equipment provides selective routing, ALI and selective transfer. 6. It is the intent of the Legislature that the "911" fee authorized by this section to be imposed by coun- ties will not necessarily provide the total funding required for establishing or providing the "911" service. For purposes of this section, "911" service includes the functions of database management, call taking, loca- tion verification, and call transfer. The following costs directly attributable to the establishment and/or provi- sion of ``911" service are eligible for expenditure of moneys derived from imposition of the "911" fee author- ized by this section: the acquisition, implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and "911" service features, as defined in the Florida Public Service Commission's lawfully approved "911" and related tariffs and/or the acquisition, installation, and maintenance of other "911" equipment, including call answering equipment, call transfer equipment, ANI controllers, ALI controllers, ANI displays, ALI displays, station instruments, "911" telecommunications systems, teleprinters, logging recorders, instant playback recorders, telephone devices for the deaf (TDD) used in the "911" system, PSAP backup power systems, consoles, automatic call distributors, and interfaces (hardware and software) for computer-aided dispatch (CAD) systems; salary and associated expenses for "911" call takers for that por- tion of their time spent taking and transferring "911" calls; salary and associated expenses for a county to employ a full-time equivalent "911" coordinator position and a full-time equivalent staff assistant position per county for the portion of their time spent administrating the "911" system; training costs for PSAP call takers in the proper methods and techniques used in taking and transferring "911" calls; and expenses required to develop and maintain all information (ALI and ANI databases and other information source repositories) necessary to propedy inform call takers as to location address, type of emergency, and other information directly relevant to the "9 11" call-taking and transferring function. The "911" fee revenues shall not be used to pay for any item not listed, including, but not limited to. any capital or operational costs for emergency responses which occur after the call transfer to the responding public safety entity and the costs for con- structing buildings, leasing buildings, maintaining build- ings, or renovating buildings, except for those building modifications necessary to maintain the security and environmental integrity of the PSAP and "911" equip- ment rooms. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 EMPLOYEE OF THE FIRST QUARTER Detective Joseph Byers has been selected as Employee-Of-The-First-Quarter for 1998. Joe Byers started with the City of Sebastian Police Department as a police officer on December 1, 1994. He was promoted to Detective on June 24, 1997. Detective Joe Byers has exceeded the department expectations through his initiative and seemingly unstoppable endeavors to make the residents of Sebastian safer and provide comfort to those who have suffered loss due to criminal activity. Detective Byers has accomplished a record of what now stands at 261 warrants. He has demonstrated not only his ability to solve crimes, but more importantly, his desire to do so. Detective Byers is an asset to the City of Sebastian Police Depamnent and the residents of Sebastian as well. May i I., 1998 RESOLUTION NO. R-98-.23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDMSION KNOWN AS COLLIER CREEK ESTATES, PHASE TWO; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Harold Adams has applied for approval of a final plat for a subdivision known as Collier Creek Estates, Phase Two, NOW, THEREFORE, BE IT RESOLVED' BY TI:rE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. FINAL PLAT APPROVAL. The final plat of Collier Creek Estates, Phase Two, as prepared by James Fowler dated May 15, 1998 is hereby approved with the following conditions: All ditches and swales shall be graded in accordance with the approved construction drawings prior to the expkation of the °ne year warranty period which was established by the City Council on April 16, 1997· bo Supply detailed drawings of drainage structures on Fleming Street and S. Easy Street prior to the expiration of the one year warranty period which was established by the City Council on April 16, 1997. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmembe~.._~t~,0 · The motion was seconded by Councilmember~tf~_ and, upon be'ng put to a vote, the vote wac'as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger /---~xh, epMayor thereupon declared this Resolution duly passed and adopted this(~__/- dayof~/,~x- '~ ,1998. iY~7~,..~ CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn 1¢I. O Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney