HomeMy WebLinkAbout08112004HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 1'1, 2004 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
The Mayor called the Regular City Council meeting to order at 7:00 p.m.
The Pledge of Allegiance was led by Mayor McCollum.
A moment of silence was held.
ROLL CALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
City Council Absent:
Councilmember Lisanne Monier (excused)
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
City Engineer, David Fisher
Police Lieutenant, Michelle Morris
Public Works Director, Terry Hill
Regular City Council Meeting
August 11, 2004
Page Two
04.184
=
04.185
1-12
04.183
13
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26)
None.
PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS
Presentation by Representatives from the Sebastian River Area Chamber of Commerce
Proposal for 5~h Annual Flats Fishin~ Tournament
Beth Mitchell, Executive Director Chamber of Commerce, and Tom Adams, Chamber of
Commerce Special Events Intern, addressed City Council on the tournament scheduled for
November 5 and 6, 2004. Mr. Adams submitted informational packages to Council. Mayor
McCollum recommended that police personnel be provided by the organization and not be paid
with ad valorem taxes. Mr. Barczyk said the request stated beer, however, Ms. Mitchell noted it
would include wine. She also noted that only Main Street will be blocked and invited City
Council members to attend.
Presentation by Representatives from the Indian River County Health Dept.
ReRardinCl Rules, Re.qulations, and Reasons Relative to Hei.qhts of Drainfields and
Applicable Criteria
The City Manager introduced Michael Hotchkiss, Indian River County Health Department.
(representatives presented materials which are on file in the Office of City Clerk)
Cheryl Dunn, Environmental Manager, Indian River County Health Department, addressed City
Council on the use of septic systems, numbers of permits issued, and how systems work.
Lori Hoffman, Environmental Specialist, Indian River County Health Department, addressed City
Council on evaluation of soils to determine placement of septic systems. Ms. Dunn then
discussed septic failures based on lack of maintenance, roots, stormwater runoff, and misuse;
and concerns about groundwater and surface water contamination. She said that 90% of new
permits are mounded systems with a 3:1 slope. Ms. Dunn then responded to questions from
Council.
CONSENT AGENDA
Ail items on the consent agenda ara considered routine and will be enacted by one motion. Them 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 Regular Meeting Minutes - 7/28/04
Approve the Purchase of New Traffic Safety Signage from Red Bud Supply Company
and Universal Sign Company, Inc. for the Pelican Island Elementary School Zone
Area for a Total Cost Not to Exceed $21,864 (Engineering Transmittal 8/4/04)
2
Regular City Council Meeting
August 11, 2004
Page Three
04.184 C.
15-19
Chamber of Commeme 5th Annual Flats Fishing Tournament at Ashford T.
Jordan Park on November 5 & 6, 2004:
Authorize the Closing of Main Street from US 1 East to Indian River Ddve from Friday,
November 5, 2004 at 3:00 pm until Saturday, November 6, 2004 at 7:00 pm
Authorize Alcohol Sales on Fdday, November 5, 2004 from 5:00 pm to 9:00 pm and
on Saturday, November 6, 2004 from Noon until 6:00 pm at Ashford T. Jordan Park
(Public Works Transmittal 8/3/04, Application, Letter)
All items were removed.
Item A - 7/28/04 Reqular Meetinq Minutes
Mr. Coniglio corrected page seven, 3rd paragraph to say "staff" protects Council with good
information and the City Attorney noted on page eight that Mr. Coniglio is an "officer~' of Keep
Indian River Beautiful as opposed to a "board member."
On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, consent agenda item A was
approved as amended by a voice vote of 4-0.
Item B - Pelican Island Elementary School Si,qna.qe
Mr. Heptinstall asked why the County was not responsible for signage, and the City Manager
replied that the School District had been unresponsive, local option gas tax is designed to assist
with these matters, and the City Engineering Department determines location of signs.
In response to Mr. Heptinstall, the City Engineer said the Engineering and Police Department
determine need and location, and the Purchasing Department assists with vendors. Mr.
Heptinstail said he had talked to Chris More from Indian River County Traffic Engineering who
said no one had approached him from the City. Mr. Fisher said there is a typo in the transmittal,
which should read four signs.
Damien Gilliams said letters should go out to School Board and the County that there is a safety
issue they should address.
Larry Paul said the City should be looking to the County to pay for signs such as was probably
done on CR512, citing this as an unnecessary expenditure. The City Manager responded that
the County took care of CR512 signs because it is a County read.
The City Engineer said the County had installed signs on Barber Street previously, that the City
is providing clarified NO TURN signage at the Barber / Schumann intersection, and Mr. Paul
reiterated that perhaps the City could partner with the County on this.
Regular City Council Meeting
August 11, 2004
Page Four
Mr. Coniglio urged Council to just move ahead for the safety of local school children.
Ken Mitchell, who originally brought this item to Council, urged approval of the request for the
safety of all schoolchildren.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, consent agenda item B was
approved by a roll call vote of 4-0.
Item C - Chamber of Commerce Flats Fishinq Tournament
Mayor McCollum requested inclusion of requiring the Chamber of Commerce to provide law
enforcement personnel.
Sal Neglia, Sebastian objected to the use as requested.
Damien Gilliams, Sebastian said he had not been contacted regarding closing of the road and
said the area near the new piers should be used.
Ms. Mitchell again addressed City Council on the event.
The City Manager said he would notify business owners once approval is granted and Mayor
McCollum said courtesy notification should be done prior to City Council consideration.
(Tape 1, Side2,8:18pm)
Mayor McCollum said maybe fishing tournaments in general should be held in Riverview Park.
Mr. Barczyk said perhaps the street could be left open during the tournament.
Mr. Coniglio said using Riverview Park would be cost prohibitive for most.
On MOTION by Mayor McCollum, and SECOND by Mr. Coniglio, consent agenda item B was
approved by a voice vote of 4-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS - None
9. PUBLIC HEARING - None
10.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit of five minutes for each speaker
Roger Baker, Association for Retarded Citizens of Indian River County, (had previously
presented materials which are on file in the Office of City Clerk) presented a request for three
offices in the Municipal Complex.
4
Regular City Council Meeting
August 11, 2004
Page Five
04.178
21-27
11.
12.
Alan Green, Treasure Coast Builders' Association, presented materials (which are on file in the
Office of the City Clerk) alleging that the City does not comply with Florida Statutes 553.80
relative to use of Building Department funds.
Mayor McCollum said that in light of the possible lawsuit by the Treasure Coast Builders'
Association, no City Council member should respond.
Dick Wutzler, Quarry Lane, Sebastian, cited a problem with his rear easement with tree limbs
laying on FPL wires. He asked for help from the City. The City Manager asked him to contact
his office for assistance and he will try to contact FPL. Mr. Wutzler said his address is 522
Quarry Lane.
Walter Barnes, Sebastian, suggested Council members obtain a copy of the Strategic Plan,
noted the construction of apartments in the north end of Indian River Drive in unincorporated
county, suggested that committees provide reports to Council on at least a quarterly basis,
noted Sebastian approved 57 annexations since its beginnings, and asked why Mr. Gilliams
who called him the big spender now wants the City to purchase property.
Damien Gilliams, said Council needs to follow its consultant's suggestions in purchasing
infrastructure.
Russ Owen, Sebastian, suggested a dunking booth for the Clambake Festival and noted he
needed seventeen people to participate.
Mayor McCollum called recess at 8:40 p.m. and reconvened the meeting at 8:50 p.m. Ail
members previously reported in attendance returned.
OLD BUSINESS - none
NEW BUSINESS
First Read n.q Ordinance No. O-04-16 Repeal Resi.qn to Run Code, Set Public Hearing
and Adoption Readinq for Au.qust 25, 2004 (City Clerk Transmittal 8/3/04, O-04-16, F.S.)
,~.N ORDh%~..NCE OF THE C! .'Pr, OF EEBASTI.~..N, FLOR!D.~., AMENDING CH2.PTER 2, 2.RT~CL5 V!,
CODE OF ORDINANCES; PROV!D~NG FOR CONFUCT PROVIDING FOR EFFECT)VE D~.TE.
The title as written on the agenda was in error and should read as follows:
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES, TO REMOVE RESIGN TO RUN RESTRICTIONS AND REGULATE COUNCIL MEMBERSHIP
ON BOARDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Ordinance No. O-04-16 by title.
5
Regular City Council Meeting
August 11, 2004
Page Six
The City Attorney explained the language.
On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, Ordinance No. O-04-16 was
passed on 1st reading and public hearing scheduled for September 8, 2004 by a roll cell vote
of 4-0.
04.168
29-32
First Readinq Ordinance No. O-04-17 Council Expenses and Travel, Set Public
Hearin.q and Adoption Readinq for September 8, 2004 (City Attorney Transmittal
8/4/04, O-14-17)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTER 2 REGARDING COUNCIL EXPENSES AND CITY TRAVEL
POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. O-04-17 by title; explained the language, and offered an
author's amendment to include language allowing a City Council member to opt out of the
expense account as follows: "A Council Member may file a written notice with City Clerk that
the expense allowance is declined", and noted the employee travel policy will be rewritten as an
administrative policy.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. O-04-17 was
passed on 1st reading as amended and public hearing scheduled for September 8, 2004 by a
roll cell vote of 4-0.
04.182
33
C. City Mana.qer Performance Evaluation (HR Transmittal 8/4/04)
Damien Gilliams addressed Mr. Coniglio about his evaluation.
Each City Council member read or stated his evaluation into the record, commending him for his
achievements.
Mr. Coniglio said in keeping with similar cities, he recommended a 5% merit increase and 3.5%
market adjustment. Mayor McCollum concurred with the 5% medt increase but disagreed with
using a market adjustment two years in a row. Mr. Heptinstall agreed with Mayor McCollum but
that other staff must see a uniformity,
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, the City Manager was given a 5%
merit increase by a roll call vote of 4-0.
13. CITY A'I-rORNEY MATI'ERS
The City Attorney stated that anyone who is an officer of a non-profit organization is considered
a principal of the organization and this would be a conflict on voting matters.
Regular City Council Meeting
August 11,2004
Page Seven
Said he will bring potential language to the next regular meeting agenda for the non-binding
referendum, although it cannot be adopted until September, in accordance with the Charter.
Noted that the submerged land lease language has been corrected and will come before
Council for approval.
Reported on Community Redevelopment Advisory Committee activities to include an
expenditure for a gateway at the Sebastian Boulevard split and long term financing to
alleviate parking needs and property purchase to provide for a third boat ramp.
14. CITY MANAGER MATTERS
None.
15. CITY CLERK MATTERS
Reported on early voting in City Hall starting Monday August 16, 2004 through August 30, 2004,
including both Saturdays.
Received consensus to provide copies of the Strategic plan to all members.
Said that City board minutes can be provided to Council as was done in the past. Discussion
took place on inviting members of boards to report to Council every fourth meeting. The City
Attorney suggested each board be invited to attend Council meetings one at a time to give
reports under "committee reports",
Said travel information and checks for the Flodda League of Cities conference will be provided
at the budget workshop.
16. CITY COUNCIL MA'I-FERS
A. Mayor McCollum
Reported the budget workshop will be held on Tuesday, August 17, 2004 at 6:00 p.m. and said
he had instructed the City Attorney to draft language for a method to legally cancel Council
meetings. There was no objection from Council.
(Side 1, Tape 2, 9:25 pm)
Said he was not the McCollum running for Senate.
B. Mr. Heptinstall
Inquired on the moving of the Cain house, The Public Works Director said the work began on
the relocation of the Cain House today.
Regular City Council Meeting
August 11, 2004
Page Eight
Discussion took place on properties available for purchase in the Community Redevelopment
District and requested staff to compile a list of properties and what can be done with them, The
City Attorney
stated that it is not required for the City to back a CRA loan although it makes good sense.
Damien Gilliams addressed City Council on available properties.
C. Mr. Coni,qlio
Said the doubling of FPL poles in the City looks ridiculous especially across from Pelican Island
Elementary School. The City Manager said he could contact FPL and ask them to provide a
public presentation. Mr. Coniglio said he would like FPL to know Council's concerns
beforehand.
Requested public parking signs on US 1 to let people know where there is public parking.
D. Ms. Monier
Absent.
E. Mr. Barczyk
Mr. Barczyk said the ARC request for room in the City complex is worthwhile, noting that they
were told they could have space where KIRB will be locating. The City Manager said he had a
very casual meeting with them and no commitments were made at that time, He said
accommodations can possibly be made in the old City Hall building.
The City Attorney said if there is an inclination to provide space for them he would like to know
since the Clambake Foundation had planned to have the group be recipient of the proceeds
from the festival.
Mayor McCollum said he is not in a position to discuss it now but perhaps staff can come back
with a recommendation. It was the consensus to find out ARC's needs.
17. Being no further business, the Mayor adjourned the Regular City Council meeting at 9:55 p.m.
Approved at the! 8/25/04 RFgula~:
Natha'n ~. M~dllum, May~r
Sa~ ~i~MC, Ci~ Clerk
meeting.
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
AUGUST 11, 2004 REGULAR MEETING
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS
NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 5
MINUTES PER SPEAKER
If the item on which you wish to speak is on the printed agenda, do not sign this form, The Mayor will
call for public input prior to Council deliberation on each agenda item. Please raise your hand when he
calls fOr input.
Name'
New Subject:
Name:
New Subject:
New Subject:
~/~' Name:
New Subject:
Name:
New Subject:
Submitted by IRC Health Dept.
August 11, 2004 Regular Council Meetin~
RE: Heights of Drainfields
HOH DO SEPTIC S¥STE 4S HORK.;
System Description. A septic tank system uses natural
processes to treat and dispose of the wastewater generated in
your home. It typically consists ota septic tank and a
drainfield, or soil absorption field. The septic tank provides the
first step in treatment. As wastewater flows into the tank, the
heavier solids settle to~ the bottom to form a sludge layer, and
the lighter.solids, greases, and oils float to the top to form a
ecum layer. The liquid wastewater (effluent) from the tank flows
into gravel-filled trenches in a typical drainfield where it is
distributed via per~orated pipes and then treated by the natural
soil system. The diagram below shows the components of a
typical septic system.
System Operation. The septic tank provides some biological
treatment of the sludge and scum layers that accumulate there.
The majority of treatment occurs in the drainfield where the
effluent enters the soil and is treated as it percolates to the
groundwater. The soil acts as a biological and physical tilter to
remove harmful substances, including disease-causing bacteria
and viruses, toxic organics and other undesirable wastewater
constituents remaining in the effluent.
Outlet filters or baffles are located in the tank and are designed
to prevent the sludge and scum from flowing into the drainfield.
If the tank is not pumped regularly to remove the accumulated
solids, the tank will fill with sludge and the solids will be washed
out into the drainfield, or clog the outlet filter. If solids reach the
drainfieldor clog the outlet filter, they will quickly Clog the soil
and eventually lead to system failure.
Plumbing Vent
SEPTIC S¥STEH 41 IHTEHI #CE
Why Maintain Your System? There are three
important health reasons for maintaining your septic
system.
The first reason is the health of your pocket
book. Poor maintenance results in failed
systems requiring repairs at a minimum and
sometimes system replacement. Repairs or
replacement costs can be thousands of
dollars, whereas a periodic inspection and
pumping costs about $100-$200.
[] The second reason is the health ofyour
family, your community and the environment.
Untreated sewage contains disease-causing
bacteria and viruses, as well as unhealthy
amounts of nitrate and other chemicals. []
Failed septic systems can allow untreated
sewage to seep into wells, groundwater, and
surface waterbodies, where people get their
drinking water and recreate.
[] The third reason is the health ofyour
economy. Contamination of waterbodies by []
failed septic systems pollutes water supplies,
closes shellfish beds and recreational areas,
and creates offensive odors. Quality of life,
recreational opportunities, livelihoods and
tourism decline, and with them go the prop-
erty values and economic vitality of the area.
How Do You Maintain Your System? Proper care
of your system requires day-to-day management as
well as pedodic maintenance. It also requires that
you know where your system is. The more you know []
about how your system operates and how it should
be maintained, the better able you will be to protect
your investment in your home and property, protect
your family's health, and protect your environment.
HHERE IS YOUR
SEPTIC S¥STEH LOCI TED.;
In order to maintain your system, the tank needs
to be accessible for pumping and the drainfield
'should be protected. Locating your system is not
always an easy task. If you do not already have
one, contact your county health department for a
copy of your septic system permit, which will
indicate the approximate location of the system and
the size of the tank. The completed permit may
have a diagram of the actual system installation
and include other information about your system.
Keep your permit in this file folder for future
reference and to pass on to the next home-
owner.
Make a sketch on the grid provided below,
locating your septic tank and drainfield (the
trenches or bed) in relation to surrounding
reference points. Begin by sketching your
house, driveway, water well, and other
landscape features such as trees or fences.
A good starting point for finding the exact
location of the tank is to look to see the
direction in which the house sewer pipe
enters the soil. Then, gently push a thin (3/
8-to 1/2- inch diameter) steel rod into the
soil about 5-10 feet away from the house to
feel for the tank. Of course, you should first
call local utility companies to make sure
there are not any underground utilities (such
as buried electrical cables) in the area.
When you have your septic tank pumped,
measure and record the distance from the
house to the access port on the tank. You
may want to have the access manhole
extended up to just below ground level and
marked clearly with a stake, rock or bird-
bath. This will help you find it again.
Mm
TRRI#G ClaRE OF YOUR SEPTIC SYSTE 4
AN OUNCE OF PREVENTION IS WORTH A TON OF CURE! Committing a little attention to the care of your
system can help to avoid the nightmare of a failing system. Assuming that your septic system was properly
located, designed, and installed according to state codes, you are now in the driver's seat for the care of your
system. By following the recommendations below, you can help your system to work properly for years to come.
DO's: DON'Ts:
Conserve water to reduce the amount of
wastewater that must be treated and
disposed of by your system. Doing
laundry over several days will put less
stress on your system.
[] Repair any leaking faucets or toilets. To
detect toilet leaks, add several drops of
food dye to the toilet tank and see if dye
ends up in the bowl.
[] Divert down spouts and other surface
water away from your tank & drainfield.
Excessive water keeps the soil from
adequately cleansing the wastewater.
[] Have your septic tank inspected and
pumped regularly by a licensed septic
tank contractor.* Suggested frequency is
3-5 years.
[] Keep your septic tank cover accessible
for inspections and pumpings. Install
risers with lids if necessary.
[] Call your county health department or a
registered septic tank contractor when-
ever you experience problems with your
system, or if there are any signs of
system failure.
[] Keep a detailed record of repairs,
pumpings, inspections, and other main-
tenance activities. Pass these on to the
next homeowner.
* Pumping your septic tank is probably
the single most important thing you can
do to protect your system. If the buildup
of solids in the tank becomes too high
and solids move to the drainfleld, this
could clog and strain the system to the
point where a new drainfield will be
needed.
[] Don't drive over your tank & drainfield or compact
the soil in any way.
[] Don't dig around the tank or drainfield, or build
anything over it, and don't cover it with a hard
surface such as concrete or asphalt.
[] Don't plant anything over or near the drainfield
except grass. Roots from nearby trees and shrubs
may clog and damage the drain lines.
· [] Don't use a garbage disposal, or at least limit its
usage. Disposals increase solids loadings to your
tank by about 50%, so you have to pump your tank
more often than normally suggested.
[] Don't use your toilet as a trash can or poison
your system and the gr(~undwater by pouring
harmful chemicals and cleansers down the drain.
Harsh chemicals can kill the bacteria that help purify
your wastewater. See the list below for examples.
[] · Don't put in a separate pipe to carry wash waters to
a side ditch or the woods. This graywater contains
germs that can spread disease. Use a laundry
system.
Don't waste money on septic tank additives. The
bacteria needed to treat wastewater is naturally
present in sewage. Additives can resuspend solids
causing your drainfield to clog. Additives do not
eliminate the need for routine pumping of your tank.
[] Don't allow backwash from home water softeners to
enter the septic system.
[] Never enter a septic tank -- toxic gases from the tank
can kill If your system develops problems, get
advice from your county health department or a
licensed septic tank contractor.
coffee grinds dental floss
disposable diapers kitty litter
sanitary napkins tampons
cigarette butts condoms
fats, grease or oil paper towels
paints varnishes
thinners waste oits
photographic solutions pesticides
antibiotics
tdaintenance Record
USE THE FOLLOWING SPACES to record information about your own septic system. Some of this can
be copied off of your Permit which might be obtained from your county health department. Having good
maintenance records can be a positive selling point for your home when the time comes (wouldn't you
rather buy a car that has a proven maintenance record?).
Permit Number:
Issued to:
Date Issued:
Address:
System Description:
Drainfield Type:.
FR Conventional Trenches
I-I Shallow Trenches
F-I Mound
r-I Bed
[] Ultra-shallow Trenches
[] Other
Septic System Installer:
Name:
Address:
Telephone:
Date System Installed:
Septic Tank Size (gallons)
Pump Tank Size (gallons)
Drainfield Dimensions:
Number of Trenches:
Trench Length:
Septic System Pumper:
Name:
Address:
Telephone:
This publication is based in part on similar publications by the National Onsite Wastewater Recycling Association (NOWRA), North Carolina
Cooperative Extension Service, Cometi Cooperative Extension, and the South Carolina Department of Health and Environmental Control
(SCDHEC). This project was funded by a grant from the National Oceanic and Atmospheric Administration (NOAA). The Florida Department of
Health (FDOH), Bureau of Onsite Sewage Programs, and the Florida Department of Environmental Protection (FDEP), Nonpoint Source
Management Program staff members provided technical review and valuable input. This folder was prepared and published by the FDEP
Nonpoint Source Management and Water Quality Standards Section. Graphic design and layout for this folder was provided by the SCDHEC
Media Services Art/Graphics Department, a Division of the Bureau of Business Management. For more information, contact your county health
department or FDOH, Bureau of Onsite Sewage at (850) 245-4070.
Sebastian River Area Chamber of Commerce
700 Main Street
Sebastian, Florida 32958
PRESORT STANDARD
US POSTAGE PAID
VERO BEACH, FL
PERMIT NO. 104
Submitted by Beth Mitchell
August 11, 2004 Regular Council Meeting
5th Annual Fiats Fishing Tournament
SAVE, THE, DATE, t!
Sebastian River Area
Chamber of Com~. erce
5th Annual Flats Fmhing
Tournament
"Take A Child Fishing"
November 6, 2004
Captain's Meeting November 5, 2004
Registration forms available September 6, 2004
Sponsorship categories available,
Contact Chamber at 772-589-5969 or Check out
our wesite: www. sebastianchamber, com
Building A Be~ter Tomorrow.
TREASURE COAST BUILDERS ASSOCIATION
Vernon Toulson
President
Dennis Buford
First Vice president
George Cooper
Second Vice President
Rick Hope
Joe Staniewicz
Secretary
David C. Thompson
Immediate Past President
Gail Kavanagh
Executive Vice President
772/464-8222
St. Lucie
772/336-8222
St. Lucie/Martin
772/287-7795
Martin
772/562-8222
Indian River
772/461-4054
F~
August ll, 2004
Honorable Mayor, Vice Mayor and City Council
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re: Building Department Funds
Dear Honorable Mayor, Vice Mayor and City Council,
Treasure Coast Builders Association is here tonight to inform the Council
of results of a recent audit we have undertaken conceming the Sebastian
Building Department.
It is our understanding that revenues (building permits and inspection fees)
collected by the building department are to be used solely for carrying out
the local government's responsibility in enforcing the Florida Building
Code, Florida Statutes Chapter 553.80 (1). According to the audit done by
Harris, Cotherman, Jones, Price & Associates, certified Public
Accountants, that has not been the situation in the city of Sebastian.
Our purpose tonight is to try and rectify this situation by meeting with the
city and coming up with a solution that will not involve legal action.
We would welcome the opportunity to sit down with the city and see what
can be worked out to better serve the citizens of Sebastian and the
Construction Industry.
Sincerely,
Vern Toulson, President
Treasure Coast Builders Association
(~lq.a. HB 6560 South Federal Highway · Port St. Lucie, Florida 34952
E-mail: info@treasurecoastba.com Website: www.treasurecoastba~com
TREASURE
COAST BUILDERS ASSOCIATION
Vernon Toulson
President
Dennis Buford
First Vice President
George Cooper
Second Vice President
Rick Hope
Treasurer
Joe Staniewicz
SecretaO'
David C. Thompson
Immediate Past President
Gail Kavanagh
Executive Vice President
772/464-8222
St. Lucie
772/336-8222
St. Lucie/Martin
772/28%7795
Martin
772/562-8222
Indian River
772/461-4054
Fax
City of Sebastian
Mr. Terrance Moore, City Manager
1225 Main Street
Sebastian, Florida 32958
Re: Request for information
Dear Mr. Moore,
The Treasure Coast Builders Association, Indian River Chapter would
respectively like to request information concerning funding for the
Building Department. Is an Enterprise Fund in place for this funding? If so
could we obtain information concerning this fund?
One of oUr Past Presidents, Mr. Tim Zorc spoke with Mayor Nat
McCollum and was told to request this information from you.
We would also like information concerning the methodology used to
arrive at the Recreational Impact Fee currently in place in Sebastian. Due
to the many proposed impact fees for Indian River County we are very
concerned about current as well as proposed Impact Fees and how that
will affect our industry.
Your prompt response to this request would be greatly appreciated.
Gall Kavanagh, Executive Vice President
Treasure Coast Builders Association
C:C: Mayor Nat McCollum
(~ 6560 South Federal Highway · Port St. Lucie, Florida 34952
NAHB E-mail: info@treasurecoastba.com Website: www. treasurecoastba, com
01~' OF
HOME OF PELICAN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 · FAX (772) 589-5570
April 1,2004
Ms. Gall Kavanagh, Executive Vice President
Treasure Coast Builders Association
6560 South Federal Highway
Port St. Lucie, Florida 34952
Re: Sebastian Buildinq Department and Parks and Recreation Impact Fee
Dear Ms. Kavanagh:
In response to your letter received yesterday afternoon via facsimile to my office, please be
advised that the Sebastian Building Department is currently not, nor has ever been an enterprise
fund operation. Revenues and expenditures governing administration of this division is
accomplished via the City's annual budget, including general fund sources, as well as permit and
inspection fees. This is also the case with all other departments, with exception of Sebastian
Municipal Airport and Sebastian Municipal Golf Course, which are, both financed via respective
individual enterprise funds.
As far as the City's Parks and Recreation Impact Fee, the attached ordinance outlines
methodology regarding levy and collection activities accordingly. As city staff discussed with you
in early Fiscal Year 2002 after adoption of this policy, total impact for each residential unit equals
$975.76. However, the fee for lots developed pursuant to the plans of the Sebastian Highlands
Units 1-17 is only $650, representing a credit of $325.
Please remain advised that the City's sole impact fee is the Parks and Recreation Impact Fee.
As I am sure that you are aware, the lion's share of impact fees generated from new construction
activities in our community are levied by Indian River County, notably the Traffic Impact Fee. The
Parks and Recreation Impact Fee was adopted by City Council in October 2001 to assist with
financing the growth management objective of providing additional outdoor active and passive
parks and recreational facilities to accommodate both our existing and expanding population, as
well as to continue to offer the small-town, high quality of life ?mosphere that defines Sebastian,
Florida.
I will be more than happy to meet with you and/or other representatives of the Treasure Coast
Builders Association should additional information and/or further clarification becomes necessary.
Should you require assistance in this regard, you may feel free to contact me by calling (772)
388-8203 to make arrangements.
City Manager
TRM/
Attachment
Cc;
Honorable Mayor, Vice Mayor and City Council
Shai Francis, Director of Finance
My DocumentsFFreasureCoastBId. Assoc
"An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
Rorida Home Builders Association
l~O. Box I259
Tallahassee, Florida 32302-1259
201 East Park Avenue
Tallahassee, Florida 32301
850.224.4316
850.224.1359 Fax
ww~.fhba.com
July 23, 2004
Gail Kavanagh. CEO
Treasure Coast BA
6560 South Federal Highway
Port St. Lucie, FL 34952
RE: Building Inspection Fees
Dear Gail:
In a July 21, 2004 e-mail to me, you asked me to "[s]tate the legal requirements the city
[of Sebastian] needs to follow concerning the collection of[building inspection fee] funds." The
legal requirements are simple, straight forward and clear. Chapter 553.80(1) of the Florida
Statutes in its body authorizes local governments (cities and counties) to levy building inspection
fees and goes on to state: "Such fees shall be used solely for carrying out the local government's
responsibility in enforcing the Florida Building Code." (emphasis supplied)
Obviously, over the years, we've found, through many audits of local governments by
Purvis and Gray, that many local governments are not complying with this requirement. In fact,
you have such a summation report by Purvis and Gray sent to us last year. In many cases we've
seen such monies going into the general fund or spent on planning and zoning activities and
many other such activities that have nothing to do with the Florida Building Code. In many
instances, it is a result of unfamiliarity with the statutory requirements. But, in some instances,
local govemments have simply chosen to ignore the legal requirement and all but have invited a
local HBA to bring a lawsuit. In some instances HBAs have brought lawsuits, i.e. in Palm Beach
County years ago (where the builders prevailed) and most recently in Polk County, where the
County finally capitulated in the lawsuit on the eve of trial.
The statute means what it says. And local government in the end must have some sort of
accounting system in place to verify the accurate expenditure of such monies in their budget.
That means that ifa local government has a building/planning zoning department with an
employee processing both planning and zoning permits and building permits, they must have
some sort of system in place that demonstrates that the planning and zoning permit processing
time is not being paid for by building permit fees. Failure to have such a system in place opens
the local government up to legal challenge in the form of declaratory and injunctive relief. In all
cases where a local HBA has ever been involved in legal disputes of this statute, the cases have
usually settled(always in favor of the HBA) and settlement has at least always included
attorney's fees for the HBA. I hope that this answers your question. The Purvis and Gray report
should document examples of illegal expenditures for you from a number of local governments.
Many haVe since revised their practice. Please let me know if you have any further questions.
Sincerely, I ~
Keith C. HetrickeFHBA General Counsel
Affiliated with
· Hela SEBC H lhdld
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TREASURE COAST
BUILDERS ASSOCIATION
ACCOUNTANTS' REPORT
ON
APPLYiNG AGREED-UPON PROCEDURES
June 8, 2004
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Harris, Cotherman,
Jones, Price & Associates
Certified Public Accountants - Chartered
5070 North Highway A1A, Suite 250
Vero Beach, FL 32963
Phone 772-234-8484
Fax 772-234-8488
Independent Accountants' Report on Applying Agreed-Upon Procedures
To the Members and Management of
Treasure Coast Builders Association
Port St. Lucie, Florida
We have performed the procedures enmnerated below, which were agreed to by the Board of
Directors and Management of Treasure Coast Builders Association (the "Association"), solely to
assist you in analyzing the activity of the City of Sebastian's Building Department (the
"Department") during fiscal years ending September 30, 2000 through 2003 and for the first six
months of fiscal year 2004. The City of Sebastian, Florida (the "City") is responsible for all
accounting records used. This agreed-upon procedures engagement was conducted in accordance
with attestation standards established by the American Institute of Certified Public Accountants.
The sufficiency of these procedures is solely the responsibility of the parties specified in this
report. Consequently, we make no representation regarding the sufficiency of the procedures
described below either for the purpose for which this report has been requested or for any other
purpose.
The procedures and the associated findings are as follows:
We inquired of City management to determine where the activity of the Department is
reported on the City 's financial statements.
Department activity is reported in the City's General Fund.
From the detailed financial records provided by the City's Finance Department, we
prepared a schedule of the Department's revenues, expenses, and overall results of
operations.
See Appendix A for prepared schedule.
When reviewing this schedule, it should be noted that the amounts noted under Personnel
Costs for Worker's Compensation for fiscal year-end 2000, 2001, and 2002 are estimates
provided by the City's Finance Department. No amount is listed under the revenue line
item Penalties and Transfers for the first six months of fiscal year-end 2004 because it
would not have been cost effective for the City to obtain that information prior to
issuance of this report.
"Providing Vision and Direction to our Clients"
Member AICPA Division For CPA Firms
MemberFICPA
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Harris, Cotherman,
Jones, Price & Associates
Cet tiffed Public Accountants - Chartered
To the Members and Management of
Treasure Coast Builders Association
Page two of three
Amounts on the schedule in Appendix A noted as "Overhead Charges" were based on the
General and Administrative (G&A) and Rent charges that Indian River County, Florida
applies to ali of its enterprise-type departments. This information was provided to
Treasure Coast Builders Association. The G&A rates noted below were applied to total
personnel expenses as noted on the schedule. The rental rate was applied to the
Department's total square footage of space occupied on City premises. The square
footage as measured by a Treasure Coast Builders Association member was 1,699 square
feet. Below are the G&A and Rental rates by fiscal year.
Fiscal Year G&A Rent
1999/2000 $0.101925 $11.00
2000/2001 $0.108541 $11.22
2001/2002 $0.113458 $11.50
2002/2003 $0.098604 $11.85
2003/2004 $0.108329 $12.15
We reviewed the City's financial records and performed inquiry of City personnel to
determine the fees charged and how they are reported in the City's trial balance. Fees
noted are included as separate line items under revenues in the schedule noted in
Appendix A.
We reviewed the Building Department's "Daily Cash Form" used to report collections by
the Department. We compared this list to revenue reports provided by the City's Finance
Department (used in the preparation of Appendix A). No exceptions were noted. We
also reviewed this information with Building Department personnel who agreed all
Building Revenue items were included.
We inquired of Finance Department personnel and reviewed supporting documentation
to determine that all costs related to the Department's personnel (salary, insurance,
retirement, etc.) are included as part of the Department's personnel expenditures. These
items were used in the preparation of Appendix A.
All personnel-related expenditures appear to be included in the City's trial balance as
personnel expenditures of the Building Department.
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Harris, Cotherman,
Jones, Price & Associates
Certified Public Accountants - Chartered
To the Members and Management of
Treasure Coast Builders Association
Page three of three
We inquired of Department personnel to determine if there are any other revenue sources
which the Department generates in addition to those documented in #3, above. In
addition, we inquired of Department personnel regarding what they perceived as current
and future needs of the Department.
Based on inquiry of Department persom~el, it appears that all Building Department
revenues are included in the trial balance activity provided by the City's Finance
Department. It should be noted that if it is determined that excess revenues over
expenditures of the Building Department should be set aside to support currant and future
Department activities, an allocation of interest related to these funds may be appropriate.
Department personnel believe that the most pressing need is additional staffing.
Department personnel project that five (5) new positions need to be filled: two (2) full-
time clerks and three (3) inspectors.
We were not engaged to, and did not, conduct an audit, the objective of which would be the
expression of an opinion on the above subject matter. Accordingly, we do not express such an
opinion. Had we performed additional procedures, other matters might have come to our
attention that would have been reported to you.
This report is intended solely for the information and use of the Board of Directors and
Management of Treasure Coast Builders Association, and is not intended to be, and should not
be, used by anyone other than these specified parties.
Vero Beach, Florida
June 8, 2004
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APPENDIX A
City of Sebastian - Building Department Activity
For fiscal years ending September 30, 2001 to 2003 and first six months fiscal 2004
Professional Licenses
Penalties and Transfers
Building Permits
Plan Checking Fee
Re-inspection Fees
Land Clearing Permits
Tree Removal Permits
Electrical Permits
Plumbing Permits
Mechanical Permits
Fencing Permits
Irrigation Permits
Sign Permits
Total Revenues
Expenditures
Personnel:
Salaries and Wages
Overtime
FICA Taxes
Clothing Allowance
Deferred Compensation
Group Life/Health Insurance
Dependent Health Ins Premium
Employee Assistance Program
Worker's Compensation
Total Personnel
Other Operating:
Other Contractual Services
Travel & Per Diem
Telephone & lnternet Service
Celtular Telephone
Postage and Express Mall
R & M - Vehicles
R & M - Office Equipment
Clerk of Court Filing Fees
Departmental Supplies
Computer Supplies
Small Tools and Equipment
Gas and Oil
Membership & Prof. Dues
Books and Publications
Training and Education
Total Other Operating
Total Expenditures
Excess Revenue over Operating
and Personnel Expenditures
Overhead Charges (1)
Total Cost of Assets in Service
Excess Revenue over All Costs
Fiscal Year Ending First Six
2000 2001 2002 2003 Months 2004
$ 31,276
3,725
258,571
12,400
14,825
3,900
33,700
27,774
2,836
120
2,210
Total
29,144 $ 26,913 $ 29,255 $ 26,340
665 639 773
269,701 322,654 514,586 394,860
6,832 34,430
10,615 17,990 23,730 17,450
15,950 19,770 29,502 15,700
3,815 2,985 3,460 2,170
34,287 42,301 59,293 23,338
31,799 40,75t 55,976 20,473
201 16,138
2,799 2,760 3,549 4,349
t05 125 225 122
1,915 2,675 1,769 1,975
$ 142,928
5,802
1,760,372
41,262
82,185
95,747
16,330
192,919
176,773
16,339
16,293
697
10,544
391,337 400,795 479,563 729,151 557,345 2,558,191
180,336 189,507 224,024 261,862 133,331 989,060
4,819 5,472 4,739 23,401 17,741 56,172
15,082 15,122 17,040 21,164 11,148 79,556
200 200 200 600
13,937 17,555 20,341 25,440 13,220 90,493
18,927 20,428 26,982 30,946 22,201 119,484
73 1,712 4,391 5,508 3,829 15,513
138 136 152 161 81 668
4,377 7,563 12,585 18,240 32,535 75,300
237,689 257,495 310,454 386,922 234,286 1,426,846
7,800 7,800
224 330 386 1,532 (44) 2,428
206 283 316 123 1,000 1,928
2,089 2,729 3,479 3,364 1,097 12,758
1,226 1,820 1,334 2,114 278 6,772
701 297 336 1,200 363 2,897
1,340 1,799 2,022 2,240 925 8,326
27 11 38
4,122 4,062 4,798 5,030 1,865 19,877
277 1,005 2,028 480 583 4,373
483 877 1,178 755 144 3,437
2,194 2,163 2,042 2,907 1,574 10,880
317 486 119 40 100 1,062
197 179 123 51 550
170 810 231 2,107 225 3,543
13,376 16,858 26,248 22,015 8,172 86,669
251,065 274,353 336,702 408,937 242,458 1,513,515
140,272 126,442 142,861 320,214 314,887 1,044,676
(42,915) (47,012) (54,762) (58,285) (35,701) (238,675)
(77,537)
$ 97,357 $ 79,430 $ 8g,099 $ 261,929 $ 279,186 $ 728,464
(1) - See Accountants' Report for information on how this amount was determined.