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HomeMy WebLinkAbout02-24-2016 CC AgendaCn OF 5 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 24, 2016 - 6:00 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 OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Council Member Hill 4. ROLL CALL pg5 5. COUNCIL REORGANIZATION - City Manager Transmittal 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 16.135 A. Proclamation - March for Meals - Accepted by Karen Diegl, President/CEO - Senior Resource Association 16.136 B. Presentation by Indian River County Mosquito Control - Doug Carlson, Director C. Brief Announcements March 18 — Chamber Concert in Riverview Park 5:30 — 8 pm — Heart of Oak 8. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aaencv A. Call to Order and Roll Call pgs 6-11 B. Approve January 27, 2016 Minutes - Excerpt from Council Minutes pgs 12-36 C. Award Fagade, Sign and Grant to Capt. Hiram's, 1606 Indian River Drive, 50% of the Cost up to $7,500 (Transmittal, FSL Grant Funds Summary, Summary of Staff Review Meeting, Application, Backup) pgs 37-38 D. Consider Mooring Field Cost Estimates (Transmittal, Estimates) 9. Adiourn Communitv Redevelopment Aaencv Meetina and Reconvene as Citv Council 1 of 88 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 39-52 A. Approval of Minutes — February 10, 2016 Regular Meeting 16.020 B. Authorize the Execution of Letter Regarding City Clerk Sally Maio Voluntary Early pgs 53-54 Retirement Incentive Program Benefit (Transmittal, Letter) 16.021 C. Authorize the Purchase of One Tractor from Deere & Company Under the State of pgs 55-68 Florida Contract #2100000-15-1 in the Amount of $90,026.58 and One Boom/Ditcher/Mower from Ring Power Corporation Under Florida Sheriff's Association Contract #15-13-0904 in the Amount of $72,860 (Transmittal, Quotes, Contracts, Pictures) 16.137 D. Authorize CSA -6 With MBV Engineering, Inc. Continuing Services Agreement to pgs 69-72 Provide Surveying, Engineering, and Structural Design Services for New Police Evidence Building In the Amount of $27,500 (Transmittal, Scope) 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 16.138 A. Natural Resources Board pgs 73-80 (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member Position — Term to Expire 7/1/2017 With Option to Fill Alternate Member Position 12. PUBLIC HEARINGS Procedures for legislative public hearings: ■ Mayor opens hearing ■ Attorney reads ordinance or resolution ■ Staff presentation ■ Public input ■ Staff summation ■ Mayor closes hearing ■ Council deliberation and action 16.009 A. Second Reading and Public Hearing of Ordinance No. 0-16-01 — Drone Regulation — pgs 81-88 (Transmittal, 0-16-01, F.S.934.50) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REGULATION OF DRONES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR SUPERVISION, LOCATIONS AND RESTRICTIONS FOR THE USE OF DRONES, PROVIDING EXEMPTION, PROVIDING PENALTIES, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. (PJ Ad 2/10/16) 13. UNFINISHED BUSINESS 14. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 15. NEW BUSINESS 16. CITY ATTORNEY MATTERS 2 2 of 88 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS A. Council Member Jim Hill B. Council Member Bob McPartlan C. Mayor Richard Gillmor D. Vice Mayor Jerome Adams E. Council Member Andrea Coy 20. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES 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. Future Council Meetino Dates: 9116 Regular City Ceun(34 Meeting Finn , m canceled for early voting 3/23/16 Regular City Council Meeting 6:00 pm 3 3 of 88 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reaular Citv Council Meetinas Public input is ALLOWED under the headinas: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headinas: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinas. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. ADDealina Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headina on Aaenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. E 4 of 88 CrfYCFSEB.ASTN QN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 24 February 2016 Asenda Item Title: Council Reorganization Backeround: At the direction of CM Hill, the City Manager was instructed to place Council Reorganization on the 24 February 2016 City Council meeting agenda. If AEenda Item Requires Expenditure of Funds: N/A Attachments: City Manager Authorization Date: 17 February 2016 none 5 of 88 Regular City Council/CRA/BOA Meeting January 27, 2016 Page Three 16.015 E. Approve Purchase of Parts and Modification of Existing Robotics System for Council Chambers Cameras from Electronic Systems Intergration, Inc. in the Amount of $24,268 — Cameras to be Bid at a Later Date — FY 15/16 Budgeted Item (Transmittal, Quote) 16.016 F. Approve Lions Club of Sebastian e of July Joint Project Agreement (Transmittal, Joint Project Agreement, Participant Application) 16.017 G. Approve Alcoholic Beverage for Party at the Yacht Club on 2/6/16 from 1 to 4 PM — Applicant DOB Verified (Transmittal, Application, Receipts) 16.018 H. Approve Alcoholic Beverages for Thompson Party at Community Center on 3/26/16 from noon to 4 pm — DOB Verified (Transmittal, Application, Receipts) 16.019 I. Approve Pelican Island Wildlife Festival in Riverview Park on March 12, 2015 with Requested Street and Boat Ramp Closings (Transmittal, Email) MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the consent agenda. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 8. RECESS CITY COUNCIL MEETING/CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Mayor Gillmor recessed the City Council Meeting and called the Community Redevelopment Agency meeting to order at 6:13 p.m. Roll Call: Present: Mayor Richard Gillmor, Chairman Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Member Bob McPartlan B. CRA Items i. AoDroval of 1/13/16 Minutes (Excerot of 1/13/16 Council/CRA minutes) MOTION by Mr. McPartlan and SECOND by Ms. Coy to approve the 1/13/16 minutes passed on a voice vote of 5-0. ii. Presentation by Rob Bolton — Step Prooram Power Point (no backup} Robert Bolton, Director of Water and Wastewater, City of Vero Beach, cited his reason to be here was his concern for the Indian River Lagoon and prodding by concerned groups which led him to this program, gave his background in municipal government for 25 years, and familiarity with septic tank systems from his family septic tank business since childhood. 3 6 of 88 Regular City Council/CRA/BOA Meeting January 27, 2016 Page Four He exhibited a color coded map depicting Sebastian parcels that have septic tanks built both before and after 1983, noting there are roughly 800 septic tanks but the majority were built post 1983, comparing that to Vero Beach where over 1000 of 1500 septic tanks were installed pre 1983. He explained the difference in construction methods for connection of the step system to older and newer septic systems, and then presented a comprehensive Power Point on the Vero Beach step program, procedures, costs and funding (see PP attached). Mayor Gillmor asked if we were able to get the County Commission to sign on to this program in our CRA area, and we have a $5000 credit available to change from septic to sewer, what would it reduce the property owners cost to. Mr. Bolton said for residential the County impact fee is about $2500. Mayor Gillmor said it would reduce their cost to about $4K. Mr. Bolton said when you are talking commercial numbers go up quick, so he did not know how far that $51K would go. Mr. Bolton continued his Power Point presentation and showed the City of Vero Beach website for the step system including current mapping of the system, a great tool for real estate, and said they are working on an app. Mr. Hill said he understands the concept with the idea that there is no gravity system in place, but wondered from a cost effect standpoint, if a gravity sewer system is available, how is this more cost effective. Mr. Bolton said they are about the same, but there is no incentive for the gravity because you are not hooking up to the step system. Mr. Hill asked again if you already have a gravity system, what benefit would there be to go to the step, and Mr. Bolton said there would be none. Mr. Hill noted that if the County has a gravity system all along Indian River Drive then connecting to the gravity system is the way to go, because you are then completely eliminating the septic, rather than allowing that to potentially poison the river. Mr. Bolton said the cost for the step systems is based on water consumption. Mr. Hill said in the future when we are willing to spend the money to put the sewer in residential areas, he could see the potential for the step system there, but not in the CRA where there is a gravity system. Ms. Coy said if you ask professionals, gravity is superior to step, but because of oaks or sidewalks that you don't want to tear up, it is preferable in some cases to have step. She asked if step is recognized by the State of Florida and was it a pilot program. Mr. Bolton said it was proposed as legislation, died in committee and so they petitioned the Governor, who appointed someone to look at it, and they came back and the DEP had the right to permit as an alternative to gravity sewer systems, and once permitted the Department of Health is no longer involved, so Vero Beach has full permitting rights under the State and have permited over half the City. He said they are inspected by the State of Florida and City inspectors. He said there are currently 10 employees for 12,000 gravity system connections and now one or two for 1500 step connections. Mayor Gillmor noted we don't have a franchise, and Mr. Hill agreed and said the County is not doing step at all and Vero Beach has its own sewer department. Mayor Gillmor asked if the City has a gravity line or force main, and the City Manager said it was a force pay, and Mayor Gillmor said we have to pay for lift stations, citing the grant to the VFW and American Legion. The City Manager said we contributed $50K to them and Indian River County agreed to tie in their lift station to the force main on CR 512. 4 We Regular City Council/CRA/BOA Meeting January 27, 2016 Page Five Mr. Hill said we need to get Indian River County here, and Mayor Gillmor thanked Mr. Bolton and said the next step is to talk to Indian River County. Mr. Bolton said the County is meeting with a manufacturer and he is meeting with County Utilities Director Vincent Burke on Friday. He wished the City luck. Ms. Coy said she is in wait and see mode for now and did not think we needed to get the County here yet until they know what they are going to do. The City Manager said he talked to Mr. Burke today and he volunteered to come up sometime to talk to Council. Ms. Coy said we should like to chew and grind this for a little bit. 65-78 iii. Consider Construction of Moorina Field (Transmittal. Boat Moorina Field Assessment, City Engineer Power Point Presentation) The City Manager cited the 2013 Mooring Field Assessment (in agenda packet) prepared by City Engineer Frank Watanabe when he was with the City's consulting firm Neel -Schaffer. The City Engineer gave a brief Power Point presentation (see attached), citing the feasibility study, describing DEP, Army Corps and Fish and Wildlife coordination, surveying, permitting and possible lease requirements. He said DEP and Fish and Wildlife between 2010 and 2014 combined and started a pilot program with 14 to 17 locations up and down the Florida coast to support mooring fields, so now permitting was required by both agencies. In response to Mr. Hill, he said the subject area is already a recognized mooring field. Mr. Hill said if it is already there then what are we doing, and City Engineer explained the difference between mooring where you drop a concrete mooring and tie up to it and the anchoring location there where you drop anchor and there is nothing to tie up to. He said typically you have a harbor master, there is no dumping of waste into the waterway. Mr. Hill then asked what would be the City's process — anchors, buoys and chains and having more control over the site. Mayor Gillmor passed materials to Council and said Mr. Hill was correct that the area is recognized by the federal government as 110.73A Indian River Sebastian, Florida Special Anchorage area and anyone can anchor there right now. Mr. Hill asked if it is already there then are we talking about better regulation. The City Engineer said when a boat is locked into a mooring field it will hold up in a storm, however, even if it is put in, boats can moor and anchor around it and we cannot prevent it. Mayor Gillmor said he spoke with Vero Beach Marina operator Tim and they have a mooring field which is busy in the winter but not the summer, and said we would have to have a pumping boat, so he could see a lot of expenses. He said he sees this as 17 parking spots, boaters are cheap and they are going to use the free spots. He also said a mooring ball got loose in Titusville and are not 100%. Mr. Hill said he is not opposed to going forward with this, said some boaters are not cheap, and if someone wanted to secure their vessel what better location than this. He said if it is financially feasible we could look at potentially doing, said it's close to the Inlet, it has some potential, and it could be a public private partnership to manage or we have a Working Waterfront that we could look at for operation. Regular City Council/CRA/BOA Meeting January 27, 2016 Page Six Mayor Gillmor said we should look at costs, staff time and who would manage it. He said with an active marina with workers it would then make sense, but questioned the location because it is in a special anchorage area and they can go there anyway, but may want to be on a mooring ball. He expressed concern for the Lagoon and potential for dumping waste in the water, citing live aboards in the Keys who do that all the time. Ms. Coy said she liked the attitude about a public/private, and the Working Waterfront is another option. She said it would be super to explore and she would much rather have it regulated for the health of the Lagoon. She recalled the hurricane damage caused by anchored boats. She noted Tom Collins was here and bet he wanted to jump in. She said she did not see the City being the sole proprietor, and thought we could come up with a solution beneficial to everyone. Tom Collins, Captain Hiram's, said the mooring field idea goes back many years, came to a head during the 2004 hurricanes when derelict boats broke loose and completely dessimated his docks, wondered whose responsibility it was, cited the City of Sebastian rights going out to the intracoastal waterway, an area the City is supposed to police. He said he did not go after the City but it cost him a lot of money, said there were two more incidents when his docks were damaged by derelict boats, had documentation and wrote to the City over a ten year period and said sooner or later someone is going to sue. He said he has a big boat and is on a mooring, said a mooring field eliminates long anchor lines and solves the problem of a boat breaking loose. He said his issue was more about control, was not opposed to anyone just anchoring a boat, but they discourage them bringing in a dinghy to use his facilities, and when anchored they just dump sewerage out and move on. He said he talked to the City Engineer, and because it is a designated anchorage takes you a long way toward permitting, said it is a good protected location from the winds. He said Vero Beach has 57 moorings, charge $15 per day, have dinghy dockage, restroom use, and pump out, that it is not a huge money maker but more about having control. He said they could work with the City by being the dock master and save the City money by administering it, noted mooring costs are about $2000 each and 17 would be a workable number. He said if the City has interest he would sit down with the City Manager because they have the facilities and don't need to hire a dock master. Mayor Gillmor asked if Hiram's want to pay for the mounts, and Mr. Collins he could assure him that it won't be a big moneymaker, noting there are two or three boats sunk there now. In response to Mayor Gillmor, Attorney Armitage said federal law supersedes State and City law, unless local law law is more restrictive and promotes federal policy. Mayor Gillmor said it is a federal anchorage and you can't make anyone move. Mr. Collins said he is opposed to boaters who anchor and then disappear, the boats start coming apart and stuff starts washing up from it and he has to clean it up. He said if we had a mooring field, we can get a City patrol guy like we had to be our enforcer, and said he would like to encourage the boaters to come and use his pump out facilities. Mayor Gillmor said Tim told him a DEP mooring field permit would require a pump out. Mr. Collins said they would not necessarily need a boat because Hiram's is right there with a facility, which Vero Beach does not have. Ben Hocker, Sebastian, said this is the third time this issue has come up and it is always turned down. He asked if he tied up to a mooring and it failed who would pay the cost if his 0 9 of 88 Regular City Council/CRA/BOA Meeting January 27, 2016 Page Seven boat took out someone's dock, cited permanent houseboats in the Keys, said you are in a federal mooring field and you can't throw me out, said mooring means parking cars where there is minimal parking, noted we are trying to salvage the lagoon and this is a shallow area with potential damage to the Lagoon, and they are considering a private company sponsored by the City but maybe the Working Waterfront is the place to do mooring. He said it is time to drop this again. In response to Mayor Gillmor, the City Manager said we pay for about $3,300 for the Submerged Land Lease. Ms. Coy said in the event of inclement weather, we tell people in mobile homes we have mandatory evacuation to avoid liability, and asked can they similarly tell boaters in a City mooring field to move their boat. The City Manager said he thought they could if owned by the City. Attorney Armitage said it depends on federal law and was not sure if they could be forced to leave, that they could be off the moorings but then could just anchor right next door. The City Manager said if it was owned by the City, the City could control it, but if there was state or federal law that would preclude that, it would have to be applied. Mr. Hill said he liked the idea of moving forward and getting answers. Mayor Gillmor said he would like to know the cost of the submerged lease which is approximately $3K per year, and cost of mooring ball installations, which he is hearing is approximately $2K each. Mr. Hill said he did think there is any thought of approving this now and agreed that we need to get the answers. Mayor Gillmor said he was all for that. Mr. Adams said he had not heard anyone from the general public asking for this facility, nor heard of any problems, it is an anchorage right now and did not see the need to incur additional expenses. He said he has no knowledge of mooring fields and was not sure what impact it would have on sea life, that if there are derelict boats we should use enforcement methods, and if we are going to use CRA money let it go to other things like parking or landscaping. Tina Cafro, Sebastian, said she is a boat owner and not cheap, and suggested putting the money toward a seawall at the Yacht Club rather than this and rehash this down the road. The City Manager said he would like direction or consensus. Mr. McPartlan said he does not want the City to get into managing a mooring business, but if there is a public/private partnership that wants to come forward with a proposal that should be it, not give direction to the City Manager to go running around to do this, but if someone wants to do public/private, we are open for proprosals. Ms. Coy agreed but said we need to do the research for permitting, land lease, each mooring cost, then other people come into play, do a RFP to see if anyone is interested, and if not it is a dead issue. Mr. McPartlan said then the City Manager will just be looking at the costs. Regular City Council/CRA/BOA Meeting January 27, 2016 Page Seven MOTION by Ms. Coy and SECOND by Mr. Hill to authorize the City Manager to flush out the costs, incurring no expense, and bring back for further discussion from CRA with possible RFP. Roll Call: Ayes: Coy, Hill, McPartlan Nays: Gillmor, Adams Passed: 3-2 C. Mayor Gillmor adjourned the Community Redevelopment Agency meeting at 7:35 p.m. 9. CONVENE AS BOARD OF ADJUSTMENT A. Mayor Gillmor called the Board of Adjustment Meeting to order at 7:35 p. a. Roll Call: Present: Mayor Richard Gillmor, Chairman Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Member Bob McPartlan 79-81 B. ADoroval of Minutes - Excerpt of 11/18/15 (Excerpt of Council/BOA minutes) MOTION by Vice Mayor Adams and SECOND by Mr. McPartlan to approve the 1/13/16 minutes passed on a voice vote of 5-0. 82-104 C. Quasi -Judicial Hearino on Reauest from Brian Frazier, 851 Williamson Avenue, "Variance Requested from Section 54-2-7.13(b)(4) of the Sebastian Land Development Code to allow a boat to be parked in the driveway in front of the house, whereas the Code requires the boat to be located behind the front building line, and in no event less than 25 feet from the front house line, or be located wholly within a carport or garage. " Mayor Gillmor opened the quasi-judicial hearing at 7:36 pm Attorney Armitage read the title. No member of City Council disclosed any ex -parte communication. The City Clerk swore in all who intended to provide testimony, including the applicant and City Senior Planner. Applicant Brian Frazier gave a presentation on the variance request to allow his boat to be parked in the driveway in front of his house, citing the three foot height of the house for septic system which does not provide room on the side, and unsuccessful efforts by contractors to provide a pad on the side of his house over a portion of the easement. He said as he drove around Sebastian he saw other boats visible from the road, but later found' out that was based on the configuration of the house and where the front line of the house is determined to be. He said he did not understand how the Code affected him and not other properties where the boat is visible and apparently in the front on corner lots. He said he submitted photos of these situations. 11 of 88 CnIf SEBASTIAN HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY TRANSMITTAL FORM CRA MEETING DATE: 24 February 2016 AGENDA ITEM TITLE: Facade, Sign & Landscape (FSL) Grant RECOMMENDATION: Review the grant application and consider. BACKGROUND: IIn accordance with the Facade, Sign, and Landscape program, eligible signage and landscaping improvements may be considered for 50% of the costs, up to $7,500. Eligible exterior facade improvements (including signage and landscaping) may also be considered for 50% of the costs, up to $15,000. Mr. Tom Collins, representative for Capt. Hiram's, has applied for a FSL grant: 1) replace the panels of their existing signs with an updated design and new colors; 2) add new signage and fencing to the new hotel units; and 3) replace a worn entry awning with a new design and color. Section 2 - Eligible Improvements, of the FSL Grant Application, lists "New signs as part of an overall improvement program for an existing improved property and removal of existing non -conforming and blighted signs" as an approvable project. However, Section 4 — Available Funding and Matching Requirement states "An individual business will be eligible for one sign only, except where more than one non- conforming or blighted sign is being replaced." In 2008 Capt. Hiram's was awarded a $15,000 grant for the signs currently in place, with additional landscaping and painting. Section 6 — Recurring FSL Grant Applications, states "applications will not be considered if the single building/property under the same ownership has received maximum grants within two previous fiscal years." As the previous grant award was eight years ago, the property is eligible for a second award. The FSL Staff Review Group met on 16 February 2016, reviewed the application and grant guidelines, and determined that although no non -conforming or blighted items were being replaced, improvements were being proposed that refreshed and updated the site. Their recommendation is as follows: + Award Capt. Hiram's @ 1606 Indian River Drive, 50% of the costs, up to $7,500, for sign re -facing, new signage and fencing to the new hotel, and awning replacement. ATTACHMENTS: 1) FSL Grant Funds Summary to Date 2) Summary of Staff Review Group meeting 3) Application and backup material If Agenda Item Requires Expenditure of Funds: Total Cost: $7,500 Amount Available in Current FY: $41,139 City Manager Authorization: L Date: 17 February 2016 12 of 88 C71 LT SEEIA-STtAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY Facade, Sign, & Landscape Grant Program Summary To Date FiscalYear/Awarded to: Funds Available Funds Awarded Funds Awarded and Disbursed but not yet Disbursed 2005/06 $30,000 Buena Vista Eyeland 2006/07 $30,000 Wendy's H.A.L.O. Professional Title (expired) 2007/08 $30,000 Keg Shack Sebastian Executive Plaza Anchor Plaza Captain Hiram's VFW 2008/09 $30,000 2009/10 $30,000 Jerry Smith Tile Sebastian Antiques Island Tropical Smoothie (tree removal) Southern Sisters — Phase I Southern Sisters — Phase II Maxwell Plumbing 1 $6,050 $3,251 $15,000 $0 $5,005 $4,000 $7,500 $15,000 $6,775 $6,581 $6,389 $4,744 $350 $7,500 $2,463 $14,569 13 of 88 FiscalYear/Awarded to: Funds Available Funds Awarded I Funds Awarded 14 of 88 and Disbursed but not yet Disbursed 2010111 $30,000 h Earl's Hideaway $7,500 Riverfront Chill & Grill $7,000 Philipson/920 Plaza $7,500 River Grille $3,398 Kim Ellis Insurance $4,400 Fountain Plaza $7,436 Squidly Books 55,500 Washington Plaza $7,500 Professional Title $6,859 H.A.L.O. $3,717 2011/12 $20,000 Clark Water $5,500 Tire Kingdom $3,750 Riverfront Auto 56,541 Tiki Bar & Grill $13,083 2012/13 $26,000 Sebastian Vacation Rental $15,000 Alpha Hardware (withdrew) 0.00 12013/14 $30,000 River Park Plaza $7,500 Buried Treasures (withdrew) 0.00 River Park Plaza $7,500 Businesses 2014/15 Diesel Power Pro $6,718 S8,282 Tlki Bar & Grill $7,500 2015/16 $40,000 Acorn Mini -Storage $7,500 Capt. Hiram's $7,500 TOTALS TO DATE $296,000 $23,282 14 of 88 Total funds in program $ 296,000 Less funds awarded and disbursed 239,079 Less funds awarded, but not yet disbursed 23,282 Available Funds to be Awarded S33,639 (As of 2/17/2016) 15 of 88 MCI SE�'4sTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org Fagade, Sign & Landscape Grant Staff Review Group Summary of Meeting of February 16, 2016 Group members Frank Watanabe — City Engineer, Wayne Eseltine - Building Director, and Dorn Bosworth — Planner, met at 4:10 pm on Tuesday, February 16`", 2016, in the Community Development Conference Room. Ms. Bosworth reviewed that an application for a sign grant was submitted by Capt. Hiram's at 1606 Indian River Drive, a property that was located within the CRA District's boundary. She explained that the request was to re -face existing signs with a new design and color, add new signage to the new hotel building along with a new fence between the property and Oyster Bay, and replace a restaurant entry awning. Ms. Bosworth stated, as per the grant requirements, the applicant submitted proof that his real estate taxes were up to date, and the business tax (occupational license) was current. She disclosed that all signs had been previously permitted except for Sign P, which may be within the N. Central Avenue ROW, and noted the directional signs met size requirements and were exempt from permitting. Discussion ensued regarding eligible improvements and if multiple signs could be given grant monies if they were not non -conforming or blighted, and if the intent of the grant was for sign re- facing. Monies for the new project/building were also discussed. Mr. Watanabe asked what the previous grant monies from 2008 were used for. Ms. Bosworth stated for the signs currently in place, landscaping, and painting. It was agreed the request did not qualify for a maximum award of 15K. After further discussion, the Staff Review Group agreed the proposals did update and improve the property and therefore they would recommend to the CRA/City Council to award a reimbursement grant of 50% of the improvement costs up to $7,500. The meeting was adjourned at 4:30 pm. 16 of 88 FAPADE SIGNAGE AND LANDSCAPING GRANT FACADE IMPROVEMENT GRANT PROGRAM 1. Project Location Address of Property to be improved: 1 Vd(o —`T"6L fpr i1���7 Assessor Parcel Number(s): Name of Business(es) in Project: Building Frontage Measurement of Project: V1 S -3,. 2. Applicant Information Sr-- (3tas i Ips t�)t-1, �`t1��ttN�A ' — �51R�y C), Name: Mailing Addre s: 7 -SSS-117 j City: V-E)-tz State: fir_. zip: Phone: l -' Z 6 d Email: Do you Own, Rent or Lease the subject property? C.�' Vr ri *If you are not the owner, the owner will need to co-sign this application. 3. Businesses or Services Offered on Site;— G 1'.-Y -1 4. Description of Proposed Improvements: j G " 7 0fL- k�l ti.1 hl . L N) T> \A ��P(/��� �C�'�P\ � ��r151 �, — t����'� X7.1 �_��r' , aJ•�1 � �) � S`T' AVS i�(�, Y�`� �.'rJ`i"�1._.'� C , t✓ _ l�� G� rJ o � �' Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, and 12110114 Page 7 17 of 88 FAPADE SIGNAGE AND LANDSCAPING GRANT" 5. Please identify ways in which this project supports the Overlay District Concepts ( \:) 0-1- 4-� r-��AA o "�A t 6. Submittals Applications must include the following materials, if applicable, for consideration by the City: . Current Photo(s) of project site V' - Assessor parcel number and proof of paid property taxesL✓ \: Applicant Information Listing of businesses or services offered on site `f \ Description of proposed improvements Identification of project's support of the Overlay District N� V! Current Occupational Licenseb�---- Rendering or sketch of proposed improvements ✓ '. Architectural pians - elevation drawing, dimensions, measurements, etc f= Color and material samples I--- Sign/Awning Sign/Awning design drawings and/or plans "_, Documentation of cost estimates -- copies of vendor bids, estimates, etc Signature of Property Owner and Applicant �✓ Applications lacking sufficient materials to describe the project will NOT be reviewed. Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, and 12110114 Page 8 18 of 88 FA,PADE SIGNAGE AND LANDSCAPING GRANT 7. Estimated Costs and Timing Please provide copies of three vendor bids/estimates or other documentation of cost estimates for all proposed facade work. a. Window or Door Replacement b. Exterior paint or siding c. Signage d. Exterior Lighting e. Fagade/Exterior Architectural Improv. f. Architectural/Design Fees g, Land scape/Ha rdscape Improvements h. Awnings or Shutters i. Building Permit/Planning Fees j. Other Proposed Improvements (specify) ►7�51cr� ��.� TOTAL ESTIMATED COST Estimated Days/Months for Completion 8. S n s Signed: � �� � 1• ins Property Owner(s) Signature(s) This Section for City Use ZAztReceived: i1--2olto Date Reviewed: Recommendation to CRA: Action by CRA: Signed- (' 0 d pis Applicant(s) Signature(s) Approved by CRA 6/12/06, rev. 06/20/07, 09123/09, 03/12/14, and 12/10/14 Page 9 19 of 88 `Sl6NS Sebastian: (772) 633-2.777 michael@impeccablesigns.com www.impeccablesigns.com I Name / Address Capt Hiram's 1580 US I Sebastian, FL 32958 Item Description Other New logo vinyl for existing signs - (5) 2'4" x YY directional signs - white translucent flat plex wl clear digitally printed vinyl - "H, 1, J", (2) 128" x 96" white translucent pan face w/ clear digitally printed vinyl - "N" , (1) 9'x 3't I" - white translucent pan face w/ clear digitally printed vinyl - I sided - "C", (4) S' x 3' white translucent pan face w/ clear digitally printed vinyl - "B" , (1) 5' x 2'6" white translucent pan face w/ clear digitally printed vinyl - "F" , (4) 39" x 14" white translucent pan face w/ clear digitally printed vinyl- "D" , (2) 73" x 33" white translucent pan face w/ clear digitally printed vinyl & (2) 85 1/2" x 53" white translucent pan face w/ clear digitally printed vinyl - radius top -"E" , (2) 109" x 75" white translucent pan face w/ clear digitally printed vinyl & (2) 97 1/2" x 33 1/2 " white translucent pan face w/ clear digitally printed vinyl - "M" . (1) 8' x 3.6" white translucent pan face w/ clear digitally printed vinyl - "P" (2) 6'x 2.6" x 3/4" white sintra w/ digitally printed vinyl - I sided.- "O". New Construction Sign - (1) 2.75'x 6' cabinet sign w/ white pan face w/ clear digitally printed vinyl - 1 sided. New Construction Sign - (1) 8.5'x 4' cabinet sign w/ white translucent pan face w/ clear digitally printed vinyl - l sided. Doesn't include permitting costs , removal,or install. Doesn't include awning or vinyl for awning. " 50% Deposit Required • Permits not included in this price if required for this sign type at this location Quote Date 12/7/2015 Terms 50% deposit requir... Qty U/M Cost Total By Job 24,500.00 24,500.00T Please mail deposit and signed Quote to: +I Sales Tax (7,0%) Impeccable Signs, Inc. 720 A Commerce Center Drive Sebastian, FL 32958 Total By my signature, I authorize work to begin, and agree to pay the final invoice in full according to the terms on this a 1 Signed b Date' r Amt. Paid Today Q f } i $1.715.00 2 �\ $26,215.00 I CEJ I.�O-(-E- 20 of 88 &W!10 FERVGI FA 431 474 Alutfrnn Thrace S-b3sGsn, FL 32^? -6 Ptrore 17721?.38 rA4» raaf 1772; 5e9 3%S Oeh :772: 121 21.5' Job IntormaAtow :asaarr •titan : � ss: rt I6i:'6 kid i't a.= I> -,e SebavIm, rL 3295J Comments or special mstluctions.- 87' . 4"0*1c Parsacrla viral f•er .r -y Inckides iWildirg Permit At Prrats c: ranted Date octuter2S 2a-5 Quotation A `y'u Customer 10 hrsri s cAic(affa+f vabd emir Novtitnter t1. <IjIs riwamo Dv, Cyan Turret a' -to Improv--menl for Oyster Pante and • :aptain -brans kasa1 Description ANlOUkT S 2.100.00 AMOUNT DUE UPON COMPI..ETiQW � 2.104.114 To a7'eP: the ¢uetalicrr, s•�_ t'date tssl�w and r_t•jrt Ftt✓�C cSZci��L G:rc. = r ce includes all natcrals 3 ,atrr rojected staft ccrnpfe"aan Date.: 3 r+ 1l+_e:4. Date. Gariel S. Turner. Ofwier. 3 D fenci:tq ......4 LiC aq...lu•4urr-lwl3,.L•:w'yfYr 4u.4.!rrar•:ffl 4.rr::.,•'IPMi11/llrGl.0111 M blvwa,4 I=-r,a 5'.Y l,Ea:•o,'1.4 u-.t'r*lar drrxri3a W. �ry,r.Lty ur �.r 4, ,Sv VMT,N lard tia•tr �-* �tLrr $SJ 'rur::n= LL.:. s! Oral !N ,.. jta., u:•sn r. ileac r, dory ••r, r*;. ••ry t•a ra�Rr a S� 4r ,r•a t3a,1 7LL •�'-'-r+.a i•,+.ftr r,r v�u:u�ly :llar,n•V N'-wriv l,r.0a x 1 a,ti Airy a.,.raltw hrr w-eu as•, aLlar4 fy nr1 .•curt V`U.Rrjlfl..0f.^, dl ilaa r• ar wialn wi!d rnfllra b.4 13, fv u•meiwd wwtmr rra :• ■•y .nm, ur.7ew•kr::.,llyd Itq. wi att.,ta Tlwi l-! .0nulnl of ha vx-trr:9 r.:w. w .,:• , ;A.l„• a •3 r;+k 4 1-4r .IMf;W :it t'2'. par rta:,,ti, vMr:fi n .0r, &', }yrr.,r•t.•-„r ,ala :f W, Wt,d 5r AP:Md L• r..0 wfs lrrl. �, tui n -o sV - r•7 =ars ♦Ir --P.Sw lwilrra k4 ht •+inr.r� Pr y,vLr'!! wit 3-C• Fy+u•y u,fr r lr :r:ra —py. w w T•r w d —r• ate. a 'u 11W 41 ,•lr•aat wild r•v text. re:.s,%d-Slu —la•jtr.0, ul 7es dell 21 of 88 r (772) 913-3024 "563-9210 sales@islandawningcompany.com COMPANY MNTACT PHONE ADDRESS CITY JOB NAME G LOCATION AWN1NCv5CREEN STYLE: WIDTH- DROP- PROJECTION - FRAME: IDTH•DROP•PROJECTION-FRAME: FABRIfr- VALANrl=, SALESPERSON - DATE FAX �DIRKnONS 108 PHONE B1A';- GRAPHIC COLORq- COPY• UNIT COLOR- mlgr. YDG.wNrnrFs ejka6T- _ - — Full balance is due upon completion of the job. Island Awning 8 j C A�iN� �p {� Company, Inc. remains full owner of all work furnished until balance is paid in full, and reserves the right to repossess any, or all, property due to nonpayment of balance. All workmanship is guaranteed for one have been GRAPHICS year. Deposit is nonrefundable unless other arrangements agreed upon and noted on contract prior io contract signing. Interest will ENGINEERING be charged on all outstanding balances past 14 days. Mailing Address: 100 Sebastian Industrial Place PERMIT TAX Suite 10 - Sebastian FL, 32958 TAI ��! DEPOrSR SIGNATURP DATE BALANCE. PRINT NAM+ Retractable & Stationary Awnings, Retractable Doorway & Garage Screens 22 of 88 i RIVERFRONT GRILL CAPT HIRAMS RESORT - .'1 i — c. o� iain.r.a ncsonr iF Ift N A O 00 00 Proposed RESORT www.kirams.com RIVERFRONT DINING BEACH BAR . NITE CLUB LIVE MUSIC WEST INDIAN RIVER DR SIGN E DOUBLE SIDED A av e � X S ORT EAST INDIAN RIVER DR - qty 2 SIGN B DOUBLE SIDED Proposed RIS i RESORT MAIN USI ENTRANCE SIGN N DOUBLE SIDED Existing 9'-1, Proposed r � RI1TR DINING BEACH BAR j GRAND BAHAMA BUILDING SECOND FLOOR WEST SIDE MAIN BUILDING SIGN C SINGLE SIDED WALL SIGN I ■ T-11" 108" Proposed wt RESORT RIVERFRONT DINING BEACH BAR • LIVE MUSIC Lim N SOUTHEAST CORNER US 1 c ON DOUBLE SIDED in Existing 3'-3" ,.�r PARK. HERE - PAR1i HERE �. SIDE A SIDE B PARKING SIGNS -qty 2 DOUBLE SIDED SIGN D 11/2" scale ■ ■■ 5,_ 1 !I t ?furca R V M CA 1�r w E LOBBY ON US 1 RUM CAY SECOND FLOOR EAST SIDE I.R.D. RIVERFRONT BUILDING SIGN F SINGLE SIDED WALL SIGN 0 ■■ 3'-3" 2'-4„ MAIN HOTEL ENTRANCE TO PORI` DU CHEZ SINGLE SIDED SIGN H 11/2" scale co ■ so 00 Ke"m i RESORT 0 II ERFRON ORIL3. SIDE A -- R1SOR7 HEATED POOL d SUNDECK SUN & SURF MEETING ROOMS LOBBY & CHECK 1N EAST END MAIN HO'T'EL DOUBLE SIDED SIGN I 11/2' scale SIDE B 31-311 2'-4" SIDE A RFSOB7 I _ I SUN & SURF MEETING ROOMS OUTSIDE SUN & SURF ROOM SOUTHSIDE MAIN HOTSL DOURLE SIDED SIGN J 1 i/2" scale co ■ ■■ LOBBY & CHECK IN SIDE B an Ali,ITHOTEL � R w !0 4 sur EAST SIDE NEW 16 UNITS SIGN K SINGLE SIDED NEW SIGNS - MOT FACE REPLACEMENTS ■ 4'-0" r - I EXUMA CAY ♦ LOBBY ON US 1 SOUTH SIDE NEW 15 UNITS "EXUMA CAY" SIGN L SINGLE SIDED 0 No NEW SIGNS - NOT FACE REPLACEMENTS mm ■ Em OYSTER POINT LOGO PIM ENTRANCE TO OYSTER SAY WEST SIDE - NEW BUILDING SIGN O DOUBLE SIDED NON ILLUMINATED 3/4" THICK SIHTRA SIGN m No L&6-rbu --- - RESORT OYSTER POINTE PROPERTY NORTH USI SIGN P SINGLE SIDED FIE" JR5 dNI1 ('IIRHFS 0F_SCRIej)0 -1 N3T01'45 W 76.15' -2 N0713 -22-W 53.43' Lrrrkn n5n .. _ rry // �\ -3 N3711'45'N 36.0' LATS SA. 9, 10. i4 TB, M AND 21, RLOIX 1, AND LOTS L R AND 1D BLOCN 2. RECUR MYER HEA ACCORDING 70 THE PLA ' r0. ,SAYE FI ED IN THE _IM CF CONHTNrY, lF BROGAN COVER COWRY. FLOR➢OA IN PIAT BOOP 4, THE OLI.NW DFDDIM TE (2RIVPCGE3t7 :4 500'56'22"E 18,08' ! R=5,758.66' / / \ N =50.02' -029'51" a5 512'25'28"E 49.94''""°_ ! LOT 16 /f �yroYsb B -521'59'57"E -5 549'36'40"E 6.45' !! \ T5, �9 " L- 50.02° -7 544'40'36"W 160.07' I& 38" EAST ALONG SND WESTERLY PRO.ECTON OF LOT 8, BG.31 FEET TO THE NORTHWEST CORNER OF SAD LOT 6 TENC _ . _5 / C �O ` RILLS PLAT SODIC A, PAGE 81, BEIHO A REPENT OF AUGUST PAM( -5,696 - 58' -5,692.88' PMllOA , OESCADEG AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT ON THE SOUTHWEST COWER OF INDIAN RIVER HILLS PLAT, SAID POWs BEND ON TIE =21.30' -21.85' L=12350' NIGHT OF WAY OF NORTH CENTRAL AVENUE; - -- \ =013'12' D-114'32" 9=N21'51'37"W CB=1122'36'09"W X21.85' CL=123.50' / PL9IG RECORDS OF INDIAN !EVER COUNTY, FLORIDA. F # r •. LATS SA. 9, 10. i4 TB, M AND 21, RLOIX 1, AND LOTS L R AND 1D BLOCN 2. RECUR MYER HEA ACCORDING 70 THE PLA ' r0. ,SAYE FI ED IN THE _IM CF CONHTNrY, lF BROGAN COVER COWRY. FLOR➢OA IN PIAT BOOP 4, THE OLI.NW DFDDIM TE (2RIVPCGE3t7 =5,762.58' ! R=5,758.66' / / \ N =50.02' -029'51" L=39.19 D=0'23'24" ! LOT 16 /f �yroYsb B -521'59'57"E CB-N21'56'43'W !! \ T5, �9 " L- 50.02° CL=39.19' I& 38" EAST ALONG SND WESTERLY PRO.ECTON OF LOT 8, BG.31 FEET TO THE NORTHWEST CORNER OF SAD LOT 6 TENC _ . _5 / C �O ` RILLS PLAT SODIC A, PAGE 81, BEIHO A REPENT OF AUGUST PAM( -5,696 - 58' LOT D PMllOA , OESCADEG AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT ON THE SOUTHWEST COWER OF INDIAN RIVER HILLS PLAT, SAID POWs BEND ON TIE =21.30' NIGHT OF WAY OF NORTH CENTRAL AVENUE; f1, 1. THENCE. RUN 314.100 N 52-3418' E ON THE SOUTHERLY BOUNDARY OF OF LOT 7 AND 17, BE= I TO A j PONT AND THE TNR: PONT OF B€GINNING 2 THENCE. RUN 18 SIO N 37'25'44'W; r / 1 6=521'51'27"E/ !! �! LGT 17 - .5c - L -21.30'\ 7. THENCE. RUN "ROD' S 5734'16' W ON THE SOUTHERLY BOUNDARY OF LOT 17 TO TSE TRUE POINT OF LGT 9 BEGINNING, B4DIX 2 M MZ L17 1 GT ! T S ! /l OT IB ? Z ! \ ! Lor 7 \ NO a. IIIL B / W W 0 W 00 A PORTON OF OOVQHIIMENTvLOT 2. SECTOR 31. TOWNSHIP 30 SOUTH, RNIB 39 EAST. MORE PARTICULARLYGIVE a9Cx - LOT 2 A D A5 f0 "- ""`HONG IN THE INIFJI.ECTGN OF THE SOUTH LINE OF DEGREES 17 MINUTES. G09FRNMEI V Y LOT 2 AND THE 1 -WAY UNE OF INDIAN iTYEN DRIVE. RUN NORTH 25 AGREES 77 NINU7E5, 45 i '1y SECONDS WE5S, I HT -OF -WAY 171.29 FEET; THENCE RUN SORIN B9 DEGREES 59 MINUTES 30 Aft Iw SECONDS EAST. P T RHE SOUTH LINE GF GOVERNMENT LOT 2, A DISTANCE OF 73.00 FEET TO THE EM _ RIGHT-OF-WAY 0 DRIVE. THENCE RUN NORTH 25 DEGREES 17 MINUTES 15 SECONDS WE57. ALONG ATORESAU EAST 30,00 FEET TO A PONT ON CURVE CONCAVE NORTHEASTERLY. HAVING A RADIUS ,w OF 4,915.12 FEET; HONMB CTENLY 211.65 FEET ALOHC ARC OF SAID CURVE MRGUCHA MITRAL •e'\ C . Y ANGLE OF 02 DEEES G2 SECONDS TO THE PMT OF BEGINNING FROM THE PONTI NT GF BECOMING {EASE PAZEL 'I� CONTNUE 122.93 T T OF SND (SIEVE THROUGH A CENTRAL ANGLE OF 01 DEGREES 25 MINUTES 59 L'g SECONDS TO THE W/A/ FTiMING GRANT: THENCE RUN NORTH 45 DEGREES OO MINUSES 00 SECONDS EA ALONGSND FLECE 125.FEET, MINE ON NESS, TO THE MEAN HIGH WATFJt LINE OF TIE INDIAN wVET: THENCE MI THE MEAN BEGIN WATER LINE SOUTHEASTERLY. 180:110 FEET, MORE OR LESS. TO '\ I LINE W04BEAN: AUS 15 MINUTES 13 SECONDS EAST, FROM TLE PONT OF EEGWNNWG: THENCE RUN SOUTH 67 O TES 13 SECONDS WEST, 125.00 FEET, MORE OR LESS, TO THE PONT OF BEGINNII cz \ V :W.. U) \ \ NRVEY \ \ \ E LEAN HEREON COTE NGT Z RKIITS-ti-NAY ANU_ EA-- O RECON] BY IIAYWIBST LVID SIIRYETWG INC. \ \ 2 ICH. APIIPR SHOWN NLTEOE 1S NOWN \ \ i THIS S N_ R CEN ED ONLY T NB RILEIUAS . E AT1O11 DF SNO'.,HEREON N ."I",UE_ DESCRIPTION SU (RNIB). DNIESS OTIERWSE NDRA. \ \ 6 SIE R. W NHM (✓FW UP R OAH)S \ \ 7. NO s1RlICNR© 19R U_TEs TMA' iE - . NAYS BELN L.A_ \ \ L BEIABN BASE IS TRE C{N"S"NE DRIVE H2t•45'GYN PEN PLAT BOGC 24RAGE 4. s' EAZIIR?IT. AT THE RECO OF E7 M YEFN A1RWdONEO PEB OTY RF60WTIO11 " "-", a" THE S SIDE 'ANT \ EASEMENTS ARE SRI. PMT 6 £NIX ITL THEY ALE NOT RATIEp HIM 1HY9 51YlYEY. \ \A 10, -5 NAVE NOT BEEN IDG,T@ Lf11T1 FEOE51. 11. A. SIDEWALKS, PAVW MEA'S AN .SWLDIM. AS 9HOM1 HAVE BEEN U-110 BY OMERS \ IL MHWL ESTABLISHED BY OVERE A zRENT D TO: \ 11 TIC ALLENBEO D® O' CONSERVA � V9 RECORDED W O.R.BOOC 2224 PAGE 472 NAS NOT BEEN BH CERTIFIE 14 FPL EASEMENT PFA OJLBM*C 13 HONK WITH CORRECTED PONT OF COMMENCEMENT SEHASTAN INLET MANNA & TRADING COMPANY HARBOR L9MNUNITY BARX. ISAO7,/AIWA FEE & FEE. P.L ONO REPUBLIC NATIONAL TILE INSURANCE COMPANY '►�S-I.f+�� ` V LOT 7. BLOT% 2, INDIAN RIVER HILLS, ACCORDING TO THE MAP UR PLAT iNERECF AS RECORDED W "I GOES 4. PARE 51, \ \ \ PL9IG RECORDS OF INDIAN !EVER COUNTY, FLORIDA. F # r •. LATS SA. 9, 10. i4 TB, M AND 21, RLOIX 1, AND LOTS L R AND 1D BLOCN 2. RECUR MYER HEA ACCORDING 70 THE PLA ' r0. ,SAYE FI ED IN THE _IM CF CONHTNrY, lF BROGAN COVER COWRY. FLOR➢OA IN PIAT BOOP 4, THE OLI.NW DFDDIM TE (2RIVPCGE3t7 b OAI PA SII SAE LAND NOW LYING AND BMfiCRWA N THAT PORTION 1Y ABAXOGHTE RIOIT OF WAY PER ORDNANCE NO 0-82-13, CIO OF SEBASTI.W. MAN MYER COUNTY. IMRRIGAIE a AU_TA_ XBIMeFA (LB 73AR) W. A F1II & VACATOH Of ROAD RIGHT OF WAY LOCATED W DIE CITY OF MINESTWE INDIAN RIMER COUNTY. FLORIDA, MORE BURNEYINC AND MAPPING COMPANY I SPECFLCALLY DESCRIBED AS FOLLLYYS: SEPHMRG At A FOIA 2' Bill PWC LOCATED AT THE SOURTAEST GORIER OF LOT 21, INDIAN COVEN Awls SABRN9ON, AS REGGRUEO WRAI BOOR 1, PANE BE. of THE PUNIC wCoRDS OF YBIAM RIVER ,D O/ARY, EUDIDSO THENCE SOUTH i DEGREES 35 21' WEST AEONC. THE WESTERLY PROECTOH OF THE SOUTH LINE OF LOT TO EAEM LY RIGHT OF WAY ONE OF U.S HIGHWAY W. 1, MERGE NORTH b DEGREES 4C 3.1" WEST T5, �9 " T. 24.88 FEET RIE ALONG SVD EASTERLY NMI a WAY LINE OF U.S HIGHWAY NO, 1. 311.41 FEET TO ITS INIERSECTIDN BYTI THE WESTERLY PROJECTION OF THE NORTH PFUNACITY LINE OF LOT R OF SAD WEAN RIVER RW I c SEDTSOE TNNNDE NORTH 62 DEIMES ! F I& 38" EAST ALONG SND WESTERLY PRO.ECTON OF LOT 8, BG.31 FEET TO THE NORTHWEST CORNER OF SAD LOT 6 TENC _ . DEGREES �' 22" EAST AU�G THE EASTERLT &FTG TIE .1 Of DEO ENI. ALL T E ABOVEVE LYING AND T BUNG W INDIAN ST. COON 7YOF BAY OF MTRAI­ A A.1 USTANCE OF 32&M FEET / C �O ` RILLS PLAT SODIC A, PAGE 81, BEIHO A REPENT OF AUGUST PAM( All THAT LAND IN LOT 17 W l]IX Bl1, WGNI RIVER SLBGNSIGI AS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT DOUBT. NREM AVER COUNTY, FLORIDA MORE LOT D PMllOA , OESCADEG AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT ON THE SOUTHWEST COWER OF INDIAN RIVER HILLS PLAT, SAID POWs BEND ON TIE SOUTHEAST BGUNDARY DF SECTIO' b M TIE FLEMNG GNANY, RICO 32182' N 26'47'." W TO A PONT ON THE EASMRL NIGHT OF WAY OF NORTH CENTRAL AVENUE; f1, 1. THENCE. RUN 314.100 N 52-3418' E ON THE SOUTHERLY BOUNDARY OF OF LOT 7 AND 17, BE= I TO A j PONT AND THE TNR: PONT OF B€GINNING 2 THENCE. RUN 18 SIO N 37'25'44'W; r / 1 3. THENCE. RUN 53,43' N 7'27'21' W: 4. THE M. RUN 36.00' N 3775'44" W TO A PCINT ON THE NORTHERLY BOUNDARY OF LOT 17; THENCE. RUN 12000 N 52'34%6" E ON THE NORTCERLY BOUNDARY OF SAID LOT 17 TO A PONT ON THE WESTERLY RIOT -OF -WAY OF OLA U.S. /1; / B. THENCE. RUN 102.14' S 21'3&"21' E ON THE WESTERLY MCH.T-CF-WAY OF OLD U.S. 11; 7. THENCE. RUN "ROD' S 5734'16' W ON THE SOUTHERLY BOUNDARY OF LOT 17 TO TSE TRUE POINT OF LGT 9 BEGINNING, B4DIX 2 M MZ L17 1 GT ! T S A PORTON OF OOVQHIIMENTvLOT 2. SECTOR 31. TOWNSHIP 30 SOUTH, RNIB 39 EAST. MORE PARTICULARLYGIVE a9Cx - LOT 2 A D A5 f0 "- ""`HONG IN THE INIFJI.ECTGN OF THE SOUTH LINE OF DEGREES 17 MINUTES. G09FRNMEI V Y LOT 2 AND THE 1 -WAY UNE OF INDIAN iTYEN DRIVE. RUN NORTH 25 AGREES 77 NINU7E5, 45 i '1y SECONDS WE5S, I HT -OF -WAY 171.29 FEET; THENCE RUN SORIN B9 DEGREES 59 MINUTES 30 Aft Iw SECONDS EAST. P T RHE SOUTH LINE GF GOVERNMENT LOT 2, A DISTANCE OF 73.00 FEET TO THE EM _ RIGHT-OF-WAY 0 DRIVE. THENCE RUN NORTH 25 DEGREES 17 MINUTES 15 SECONDS WE57. ALONG ATORESAU EAST 30,00 FEET TO A PONT ON CURVE CONCAVE NORTHEASTERLY. HAVING A RADIUS ,w OF 4,915.12 FEET; HONMB CTENLY 211.65 FEET ALOHC ARC OF SAID CURVE MRGUCHA MITRAL •e'\ C . 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A BURNEYINC AND MAPPING COMPANY I 445 DTII Yf. B.W. Unit -7 325 VERO BEACH, FL 32082 IIS 54 PHONE: (772) 589-6688 1I2,� 11/f0 13 1"e40 FAX: (772) 770-3446 � 13-233___ _ . HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY TRANSMITTAL FORM CRA MEETING DATE: AGENDA ITEM TITLE RECOMMENDATION: 24 February 2016 Mooring Field Consider Mooring Field cost estimates. BACKGROUND: On 27 January 2016, Council reviewed a presentation on the construction of a boat mooring field east of the existing Captain Hiram's pier. At that meeting, Staff and Mr. Tom Collins provide general information on the feasibility to install and operate a boat mooring field. Council requested Staff provide additional information on the cost(s) associated with the design, construction and operation of the field. Attached is an engineer's cost estimate of detail costs for various mooring field items. If AEenda Item Requires Expenditure of Funds: N/A Administrative Services Department/CFO Review: ATTACHMENTS: Cost Estimates City Manager Authorization: Date: 17 February 2016 37 of 88 PRELIMINARY CONSTRUCTION COST ES—IMATES Road Name: Sebastian Boat Moorinqs Proiect No. Road No.: Proiect Location: Citv of Sebastian Proiect Site: Indian River Lagoon Boat Mooring DESCRIPTION Preliminary Enaineerina. Permit & Geotechnical Permittina Aoolication Fee - ACOE Special survevs (seaqrass and submerged lands) Submerged Lands Lease Desian Mooring Feld Construction of 12 moorings (screw-in/helix) Operations and maintenance Enforcement (PD River boat ) Date 2/16/16 1 Prepared bv: FTW Checked bv: CRW Revised date: OTHER COSTS Pre[ minary Estimate Preliminary Enaineerina OTHER COSTS ICO Services) S QUANTITY UNITS UNIT COST AMOUNT 1 LS $ 14.200.00 $ 14.200.00 1 LS $ 2.100.00 $ 2.100.00 1 LS $ 4.500.00 $ 4.500.00 1 LS $ 7.400.00 $ 7.400.00 1 LS $ 11.500.00 $ 11.500.00 12 EA $ 6.000.00 $ 72.000.00 1 LS $ 14.400.00 $ 14.400.00 1 LS $ 15.360.00 $ 15.360.00 OTHER COSTS SUBTOTAL $ Preliminary Enaineerina OTHER COSTS ICO Services) S Construction Engtneerinq CONTINGENCIES Cab 10% $ at 12.5% Contract Cost R)N Acouisition TOTAL TOTAL OTHER COSTS ROUNDED TOTAL i S 141.460.00 14.146.00 15,5.606.00 156.000.00 38 of 88 cF CinOF Jam" - r N _-- — HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 10, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:00 p.m. 2. Invocation was given by Pastor Dave Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Coy. 4. ROLL CALL Citv Council Members Present: Mayor Richard Gillmor Vice Mayor Jerome Adams (6:01 PM) Council Member Andrea Coy Council Member Hill Council Member Bob McPartlan Citv Staff Present: City Manager, Joe Griffin City Clerk, Sally Maio Special Magistrate, Kelley Armitage For City Attorney, Robert Ginsburg Administrative Services Director, Ken Killgore Police Chief, Michelle Morris 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager said he had two items for Council consideration: 1) Deletion of consent agenda item 7G "Approve Use Agreement Between City of Sebastian and Robert Carter for Long Drive Golf Competition at Sebastian Municipal Airport in March 2016 and Authorize City Manager to Execute" 2) Addition of an item to clarify Sandcrest Subdivision preliminary plat approval condition regarding the construction of right -turn lane and whether it applies at the final plat of the entire project MOTION by Mr. Hill and SECOND by Mayor Gillmor to add and delete the items as requested. VOICE VOTE on the motion passed 5-0. 39 of 88 Regular City Council Meeting February 10, 2016 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 16.024 A. Proclamation — "Through with Chew Week" - February 14-20, 2016 Mayor Gillmor read and presented the proclamation to Marie Blanchard. Ms. Blanchard thanked the Council and expressed the importance of stopping smokeless tobacco use. B. Brief Announcements 2/13/16 — Sebastian River Art Club Show in Riverview Park — 10 am to 4 pm 2/15/16 — City Hall Closed for Presidents' Day 2/19/16 — Sebastian Area Chamber of Commerce Concert in Riverview Park — 5:30 pm to 8 pm 2/27/16 — Fellsmere Shrimp Festival Mayor Gillmor read the above announcements. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — January 20, 2016 Council Workshop B. Approval of Minutes — January 27, 2016 Regular Council Meeting 16.025 C. Approval of Resolution No. R-16-03 — Support for Public Records Legislation (Transmittal, R-16-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING THE FLORIDA LEGISLATURE TO SUPPORT PUBLIC RECORDS REFORM TO DISCOURAGE OR ELIMINATE SCHEMES DESIGNED TO GENERATE VIOLATIONS OF PUBLIC RECORDS LAWS, AS WELL AS LIMIT HARASSING PUBLIC RECORDS REQUESTS; PROVIDING FOR CONFLICT AND AN EFFECTIVE DATE. 16.026 D. Approve 2016 Municipal Election Agreement Between IRC Supervisor of Elections and City of Sebastian (Transmittal, Agreement) 16.027 E. Approve 4t" Annual Sebastian Charter Junior High School 5K Run and Approve Road Closures as Requested for May 14, 2016 from 7 am to 11 am (Transmittal, Park Use Application and Receipt) 16.028 F. Award City Hall Annex Restroom Remodel Contract to Kern's Construction in the Total Amount of $30,057 and Authorize City Manager to Execute Contract — Approve Appropriation from General Reserves in the Amount of $5,507.00 (Transmittal, Kerns Revised Proposal, Kerns 2015 Bid, Construction Services Agreement) `greemeRt Between ■-- ■ MaFGh 2016 and Authorize City Manager to ExeGute (Trancmittal, Agreement,■. 2 40 of 88 Regular City Council Meeting February 10, 2016 Page Three 16.134 H. Approve Alcohol Beverage at Lovely Party at Community Center — February 20, 2016 — 6:30 pm to 11:30 pm — Permittee DOB Verified (Transmittal, Application and Receipt) Mayor Gillmor requested removal of item F for discussion. MOTION by Mr. McPartlan and SECOND by Mr. Hill to approve items A-E and H. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 Mayor Gillmor expressed concern for losing sinks based on the schematic, and it was clarified by Kerns Construction reps that there will be ADA compliant sinks and they are actually adding one sink to both facilities. Mayor Gillmor expressed concern that there is a 60 day construction time period and said he would feel more comfortable with 30-45 days. The Kerns' representative explained that the toilet partitions are long wait items, but the rest of the work can proceed and once all materials are in it would be about two to three weeks for construction. Mayor Gillmor suggested they wait until all materials are on site before they begin construction, so that the restrooms are not out of operation for such a long period. The City Manager said he was comfortable with the 60 day because he had learned over time that remodels take approximately one and a half times longer to complete, and also noted the City will have to cordon off an area for construction trucks. He said he understood the Mayor's point but wanted Kerns to be comfortable in delivering a good product. The rep said he would work with the City. Mr. Hill said if we wait until all materials are in to begin, it may put Kerns into a small window, and that he was confident that staff could manage it best. MOTION by Mayor Gillmor and SECOND by Mr. Hill to approve. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. A. Charter Review Advisory Committee 16.030 i. Appoint Three At -Large Members (Transmittal, Applications, Press Release) The City Clerk confirmed that there were three applicants for three at -large positions and they were present. MOTION by Mr. Hill and SECOND by Ms. Coy to appoint Nancy Munoz, Robert Zomok and Frank Terranova. VOICE VOTE on the motion passed 5-0. 9. PUBLIC HEARINGS - None 3 41 of 88 Regular City Council Meeting February 10, 2016 Page Four 10. UNFINISHED BUSINESS 16.131 A. Sebastian River Art Club (SRAC) (Transmittal, SRAC Documents, Old Council Chambers Three Month Calendar) MOTION by Mayor Gillmor and SECOND by Mr. Hill to task Mr. Griffin with preparing a lease for the Sebastian River Art Club with the space that they now inhabit in the old Public Works building known as the Art Center, the lease to run concurrently with the Senior Center lease so that both would come due in 2018. Mayor Gillmor called for public input. Ms. Coy asked wouldn't they like to know what we are discussing. Mayor Gillmor said right now we are discussing a lease. Judy McNamara, Sebastian Art Club President, expressed appreciation for use of the City building and that they take great pride in maintaining it, said the Art Club would like a lease to coincide with the Senior Center lease, they are a 501c7, and have paperwork that was given to Council, and cited their evolving use of the gallery and monetary donations to the community. Ms. Coy said she would like nothing more than to give them a lease but wanted to be perfectly comfortable they qualify as a 501c, that four weeks ago she asked for documents and has yet to receive the documents she requested as is required to be produced by IRS standards including their application for recognition of exemption and their letter of determination. She provided a document to Council and the Attorney entitled "IRS — Charities and Non -Profits Topics - Application for recognition of exemption" (see attached) and read it for the record. She said the City has the Art Club's 990s which anyone can obtain on-line, but what she did not have is the application or original exemption letter, stating the letter received this week is just a letter not the determination letter, and we need to see from the Art Club, and which they need to request from the IRS, is the original letter and application on form 1024, in the case of a 501 c7 and if it is a 501 c3, the form 1023. Mayor Gillmor called a point of order and stated the 1024 is only a form used if you are claiming tax deductible purchases, and the letter states that the only form necessary is the form 990. Ms. Coy said they can self -declare themselves as a 501 c3, but her question to Council is do we require IRS formal recognition or do we allow you to self -appoint. Ms. McNamara said they spoke to the IRS and they said this is the letter that they need to prove that we have been a c7 since April of 2012, and it was included in the packet and provided to Joe Griffin, and according to the Attorney she spoke to, that letter should be sufficient. Ms. Coy again said she is asking for documents the IRS says she is allowed to ask for and in four weeks they have not produced them. She said she understands that all this happened at a time when Ms. McNamara was not there, and maybe someone within the club could tell us who applied for the documents, and said her question to Council is -- are we going to let people self -declare. E 42 of 88 Regular City Council Meeting February 10, 2016 Page Five Mayor Gillmor called a point of order and said this is not self -declared, and read the letter from the IRS into the record (see attached). Mr. McPartlan said he read all the documents and the last 990 filed is 2012 and none have been filed since. Mayor Gillmor said they have but Mr. McPartlan answered not in his packet. Mr. Hill said it is simple and reasonable for the documents to be requested and it is clear in the IRS form that they are to be produced and if not produced, it is reasonable for Ms. Coy and for us to have questions, and agreed that we should not be self -determining tax exemption status. He said he did not understand why this is such a contentious issue and is a simple request for documentation. Ms. McNamara said they are on Florida Sunbiz and it shows their 990s are current for every year. Mr. Hill said he has been on Sunbiz, has done research, understands that IRS status for them is 501c7, but there is a simple request for documentation and IRS requires that if you are a 501c7, you are required to, at no charge, produce those documents, and if not produced, it is reasonable to question should we go into a lease. He said if there is no non- profit status, then we have an organization in our building that is not for profit per the IRS, though he believed they are, and this has nothing to do with the Art Club or Quilters, it is making sure the City is doing its due diligence. Ms. Coy said she would asking all the other non -profits, to include the Senior Center, the Historical Society, the Craft Club and any 501c body that is getting half price park and free space, and she would ask Council to direct the City Manager to look into that because she thought some things may be slipping through the cracks. Mr. McPartlan said to include the Little League and the Sharks. Mayor Gillmor called a point of order and said the form 1024 is not required on this, and only if you are a 501c3. Ms .Coy said 501c3 uses form 1023. Mayor Gillmor continued reading "exemption applying for recognition of an exemption for taxes — for tax purposes" and said we pay taxes when we buy things. Ms. Coy read "when applying for recognition of exemption under a provision other than section 501c3 generally use Form 1024. Mayor Gillmor said if it is necessary for us to get a tax lawyer in here we will do that. Mr. McPartlan asked Mayor Gillmor if he was talking about the Council bringing in a tax lawyer or the Art Club bringing in a tax lawyer. Mr. Hill asked if he was representing the Art Club and Mayor Gillmor said no he was not representing the Art Club. Ms. McNamara said they have a tax attorney who said he would come if there was a problem, and if we can't get this resolved then we will have him come in. Ms. Coy said call the IRS on the phone and ask for the original letter of determination dated April 2012, and then get a copy of the 1024. Ms. McNamara said it is obviously applied if they got all this information. Mayor Gillmor said Ms. Coy is under the impression that the Art Club needs a 1024 and it does not because it pays taxes, so they can apply for it because it doesn't need it. Ms. Coy said form 1024 doesn't have anything to do with whether you do or don't pay taxes, but is the form that describes what you are, and lets the IRS know if you are 5 43 of 88 Regular City Council Meeting February 10, 2016 Page Six eligible. Mr. Hill added it is the application for 501c7, so you file that form when you apply and Ms. Coy is asking for is a copy of the original document. Ms. McNamara said they applied for a 501 c3 handled by Attorney Warren Dill, and at some point the IRS denied it and they said they were changing it to a 501c7, so they did not actually apply for a c7, it was given to them in lieu of c3. Ms. Coy said Ms. McNamara read from a letter from the IRS at a workshop that she has requested a copy of several times, stating that they were not going to be a 501c3, and asked again for a copy of that. Mayor Gillmor said it was in her packet and she said it was not. Ms. Coy said she has called the IRS three times with the EIN number and got the same response, and in two weeks will have a letter that states they didn't file paperwork. Ms. Coy said again they need the original letter that they are claiming was sent to you in April 2012, the same time the 501 c3 was declined. Ms. McNamara asked does the letter they have mean nothing then, and Ms. Coy said it is not what the IRS requires. Mayor Gillmor called a point of order and said if the Art Club had not been a 501c3, there would never be a 990 filed period, because other organizations don't file 990s, for instance SPOA does not, and it has been tax exempt for a long time. Ms. McNamara said Sunbiz shows their annual reports. Ms. Coy said Sunbiz is State and is not Federal, and their State documents show them as a 501c3 in three places. Ms. McNamara said it is in the hands of the attorney being done and by-laws have been changed to reflect it is a 501 c7. A man approached the podium but did not provide his name and asked can't we help them out to acquire the proper paperwork. Mr. Hill responded we are not kicking them out but asking for the proper paperwork. Carol Bennett, Art Club member and resident, asked is this a new precedent that you are establishing for anyone you lease property to or have you in the past leased property to people and not asked for this. Ms. Coy in the past we have been really generous in taking people's word, noting the Art Club said in the past they were a 501 c4, and we took that carte blanche. Ms. Bennett said the answer is in the past they have issued leases without asking for that information. Ms. Coy said the Senior Center had to produce the documents two and a half years ago. Ms. Bennett asked then what really is the ruling here and have they asked each and every group. Mayor Gillmor asked her to address the Chair and said the answer is no. Ms. Bennett asked then this is something they want to establish going forward and Ms. Coy said yes. Ms. Bennet said then we are the first group, and asked when it became the new norm, and Mayor Gillmor said it isn't the new norm, but one Council Member took it upon herself to do, and Ms. Coy said that is not fair and she is not just looking at the Art Club, has had extensive conversations with the City Manager, and it is Council's job to protect the facilities and watch the money because they are giving tax breaks. Ms. Bennett asked when C� 44 of 88 Regular City Council Meeting February 10, 2016 Page Seven did that light bulb go on and Ms. Coy said about six months ago, she had discussions with Ms. McNamara, asked for documents from other organizations, visited the Historical Society, Chamber, VFW, all of them and the Art Club just happens to be the one asking for a lease and it isn't right that they have been in that building for five years without a lease. Ms. Bennett said she understood it was a handshake and asked again what is the precedent, and Ms. Coy said they have exclusive use of a public building like the other organizations and she wants them to have it, and Ms. Bennett said the members are confused and wonder why their space has become a bone of contention and they have to provide documentation. Ms. Coy said the Senior Center had to provide the documents two years ago, and Ms. Bennett asked if there had been any new leases to non -exempts who have not provided that information since then and the City Manager said no. Ms. Bennett said they will do what they can to produce the documents because they appreciate the space that they occupy. Stephanie Lovallo asked if the Art Club called the IRS and asked for documents and they sent what they needed, why is that not appropriate and the wrong thing, that we are saying the government is wrong and why is it not good enough. Mayor Gillmor said he did not know, that he called the IRS and when they applied for the 501c3, back at that time no conservative organizations were receiving anything and Lois Lerner retired in disgrace and that is the name that was on our IRS form. He said he called the IRS and talked to someone who told them what we needed. Mr. McPartlan said when the Mayor keeps saying "we", the people in the audience may be thinking it is City Council that is asking for these things and that it was the Mayor and the Art Club doing that, but they are thinking it is the government requesting these documents or initiating these documents, and you did that as a member of the Art Club. Mayor Gillmor said that is correct and thanked him for differentiating that. Mayor Gillmor said he, as a member of the Art Club, but no longer on the Board of Directors, was President of the Art Club when they applied for this, so it goes to the history of it. He said when he talked to Mr. Caldwell at the IRS he told him he needed something that proves they are a 501 c7 and about five minutes later he came back to the phone and said yes you are a 501c7 as of April 2012 and that is when the determination letter went out, and he asked him to send him something to prove that and Mr. Caldwell said he could not fax or email but had to come by mail it to him, and he did not know what else we need. Ms. Coy said she just gave him the IRS requirement and asked the Attorney if she is in her rights to ask for these documents. The Attorney nodded and Ms. Coy said that would be a yes. Ms. Lovallo asked the Attorney why the documents they received aren't good enough. Mr. Hill called a point of order stating that public input is a time for people to let us know their points, not for a debate, nor is it appropriate for anyone to direct to anyone other than the Chair under the rules we have here. He asked her to kindly direct her comments to the Chair and if Council members could kindly allow the public to make their statements so we can get to our discussion on this item. Ms. Lovallo said the space they have is not exclusive because it is a gallery open to the public and they do wonderful things with them and for them, including programs for students and donate thousands of dollars. 7 45 of 88 Regular City Council Meeting February 10, 2016 Page Eight Susan Lavander, Vice President of the Art Club, read from some document stating any request for documents should have been in writing, specifically what is being requested and why, and cite the authority, regulation statute, law or rule. She said that goes to Ms. Coy. She said she would be requesting all the documents for the Senior Center in writing. Nancy Munoz, suggested as a former member of the Art Club, that they gather all the originals they have, request from the IRS any they do not have, and they will have a corporate book, said she had experience with this and offered her assistance. Mayor Gillmor said we are making a mountain out of molehill, that the Art Club has a 75 year history and relationship with the City, citing the Kroegel statue done by an original member of the Club, restoration of the Seminole painting on the back wall of the Chambers, donations of thousands of dollars, some to the Clocktower and park benches. He said no one in the Club takes any money, was and is a 501 c7, cited the many pages of documents that prove it is a non-profit organization, and cited the IRS letter. He said it hurts him to have a Council member accuse him of being untruthful, and from his point of view he doesn't know what else has to happen. He said it should be up the City Attorney and City Manager to determine if it is a non-profit not Council members to determine. He asked the Attorney if that is something he can speak to. Attorney Armitage responded it is two different issues, that Ms. Coy is saying pursuant to IRS regulations she has the right to ask for certain documentation, she is not casting aspersions as far as the rest of the documentation, she just want those documents as a member making a request. Mayor Gillmor said from his perspective if we got those documents then there would be more required and there is no end. Mr. Hill said he finds this to be tragic, and extremely sad that we are here dealing with one great organization we have in the City, the reason being that we are going to get a lease for you and that is incredibly important because it is taxpayer funded building and as stewards of that building they are required to do due diligence to make sure they are paying taxpayer funds wisely and have standards. He said he believes it is reasonable for Ms. Coy to have a request for those documents, has not cast aspersions by asking for the documents, was very disappointed it has escalated to this point, and does not put the blame for this at the end of the dais. He said this doesn't need to be divide and conquer but let's get together and work this out, that we should have had a lease when the Club moved in to the building and it is reasonable to go forward and get that lease, reasonable for Ms. Coy to ask for documentation, and was disappointed this had to happen to such good people in this community and people are riled up for no reason because no one on the dais wants them to leave and wants them in that building, but Council needs to do its due diligence. He said he agrees with Ms. Coy and withdrew his second on the motion. MOTION by Ms. Coy and SECOND by Mr. Hill that Council consider for any lease or any 501c organization that we be provided five items: 1) the EIN, 2) the articles of incorporation, 3) the letter of determination from the IRS conferring 501c status, 4) a copy of IRS form 1023 or form 1024, and 5) financial documents to review before any lease or discounts are applied across the board and her motion is tasking the City Manager to look into that, all of them, not just the Art Club. 46 of 88 Regular City Council Meeting February 10, 2016 Page Nine A man approached the podium, did not identify himself, and asked if this is a new motion today, should not packet be sent out to all requesting these five obligations in a time period to retrieve. Joy Liddy, member of Art Club, asked if there was any way that Council can do a lease contingent upon proper documents being presented, noting she deals with leases every day. Cary Calloway, Sebastian resident, said her husband was a mayor in New Jersey, Ms. Coy is requesting documents, they have provided documents and now there is a motion to establish new rules to be done from now on, and up to this point you have given leases, they have received a legal document that says they are a 501c since 2012, and they were given a 501c7 and the letter was given to you. Ms. Coy said she has been requesting the letter. Ms. Calloway continued and Mr. Hill called a point of order. Ms. Calloway continued to cite the letter from the IRS in the agenda packet and said it legally identifies them. She said from her experience with the courts, this letter is a legal document that can be entered into cou rt. Ms. Coy said this is the first time Council has addressed this issue and is long overdue, we need consistency in how we do business, and hopes Council agrees to these five items as the new basis, to be looked at by the City Manager and City Attorney and a packet of information prepared in the future for all people requesting leases and 50% of the park and the same for everybody. She said she did not want the Art Club to leave and no one is kicking them out, and all they have to do is get the documents from the IRS, and said again to Ms. McNamara that she wants a copy of the record she read on January 20th at the workshop. She said unlike the quilters, the Art Club has exclusive use. Vice Mayor Adams said he is disappointed at this stage, the organization has done good for the community, but just because you have done good, doesn't mean that you get a free pass, though when you request and receive a document from the IRS that should be sufficient. He said he did not see why we are going through all of this when we have something from the IRS. Mr. McPartlan said this is ridiculous that Ms. Coy has become vilified when all she was asking for was the paperwork, said over 100 pages of documents were provided in the agenda packet, the IRS document that says 501c3 says you have to file 990 and there are no 990s since 2012 and if not filed for three consecutive then you no longer file under that. He said he is going off the packet provided to him. He said no one wants to kick them out but the paperwork has to be in order. He said he has done investigation and made a call to the Florida Department of Revenue and was told that a 501c3 or 501c7 should have a certificate of exemption issued every year, that the State looked up the Sebastian River Art Club by name and by EIN and there is no such record of them being in there. He said he has requested records from the IRS that should be coming, because we are looking to be sure these clubs are in order, has talked to Mr. Griffin about making sure all the other clubs are in order, citing sports leagues that have leases for years, noting every year every organization should provide paperwork to make sure they are all in order because we are giving free rent and paying for utilities, which could be used by other groups. He said since Mr. Griffin has come in, a lot of things were done on a good old boy way or handshake, but everything that has come to light he has jumped on to make sure, like instituting the help I 47 of 88 Regular City Council Meeting February 10, 2016 Page Nine line, personnel and time sheet issues. He said we just want the paperwork in order and a lease protects everyone. He compared this to someone who has to pay over $200 to use the Yacht Club for a party, and noted the Art Club has been there for over five years rent free, the Senior Center has its paperwork in order, and said what we do for one we have to do for all. Mayor Gillmor responded that form 990s were received for 2013, 2014 and 2015. Ms. Coy said she can confirm they were received, but they also needed to submit the 1023 or 1024 and have that letter of determination. Mr. Hill agreed with Mr. McPartlan and Ms. Coy, the problem was not the Art Club and said they are not asking anyone to leave, the shame is that this discourse was created by someone and has caused citizens to be afraid. He said he agrees that Ms. Coy's request is reasonable and good business for all people of Sebastian. Mayor Gillmor said the 1024 must be filed only if the organization is going to claim a tax status where they don't pay taxes and you only file 1024 if you don't want to pay taxes and you buy things tax free. He said the Art Club pays taxes, so he had a problem with that part of the motion. Ms. Coy said taxes are the State and have nothing to do with Federal income tax and the Mayor is talking about going to the store and buying something and that is State tax. She said the IRS requires 1023 or 1024 for any recognized 501c, and asked the Attorney is that correct. The Attorney nodded and Ms. Coy said the answer was yes. Mayor Gillmor said he did not believe that was correct, and can't support the motion. Ms. Coy said our Attorney said that was correct and she was not going to argue with the Attorney. She said she would also give Ms. McNamara a copy of the document she read from earlier (attached), and again cited the regulation to file the 1023 or 1024 to the IRS and the reason they are not listed in Guidestar or the IRS Publication 78 is because that form has not been filed. She thanked Mr. McPartlan for calling that number, because she got that same response three times. She said it may take a year to get the documents, but she will wait and they can stay in the building, and urged them to do their due diligence and file. Mayor Gillmor said he has researched and if it was required it would be on this IRS letter and the letter said the only form required is the 990, so he cannot support the motion. Roll Call: Ayes: Adams, Coy, Hill, McPartlan Nays: Gillmor Passed: 4-1 Ms. Coy asked if we can set a 30 day timeframe to get a status update report back. Mr. Hill suggested it come to staff. Ms. Coy noted the Club said they are updating the by-laws and articles of incorporation and it should include those, and at least show the paperwork for 1024 has been started. Ms. McNamara said dealing with IRS she did not know about a time frame but would get everything out as soon as they could. 10 48 of 88 Regular City Council Meeting February 10, 2016 Page Eleven Mr. Hill said he was comfortable with the motion on the floor and trusts that staff will go forward and get this taken care of, and as long as the City Manager is taking care of it, we should be comfortable. The City Manager asked to clarify his direction to work up a letter of some sort to other organizations with these five prerequisites also, so he will proceed along those lines if that is the consensus of Council. It was. 16.132 B. Resolution No. R-16-04 — City Broadcast Policv Revision (Transmittal, Revised Policv, List of Live Broadcast and Audio Only Board and Committee Meetings) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A NEWLY REVISED "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY', PROVIDING FOR LIVE BROADCASTS OF CERTAIN CITY BOARD AND COMMITTEE MEETINGS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve Resolution R-16-04. Ben Hocker, Sebastian, recommended that Parks and Recreation be broadcast, that people like to watch meetings from home, and the cost to provide for staff is minimal. Mayor Gillmor agreed he liked to watch Parks and Recreation meetings. The City Clerk noted that the committee list provided reflected the boards that Council chose at the last meeting to either broadcast or provide only audio and is subject to change from "time to time" by the revised policy and would not affect the language of the broadcast policy being adopted by R-16-04. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 C. Sandcrest Subdivision Clarification The City Manager had provided a transmittal (see attached), and said Chuck Mechling was here to request a determination of the condition for a turning lane from Resolution R-15-19. Mr. Mechling noted the first phase is 24 lots of the total 64 lots, cited telephone poles that will have to be removed for the right-of-way and the timeframe needed by FPL to do so and its effect on the construction schedule, said he had met with the City Engineer about the turn lane required, and asked Council for clarification of the time of the turn lane condition and whether as he sees it as prior to final plat of the entire subdivision. MOTION by Mr. Hill and SECOND by Vice Mayor Adams to direct the City Manager to administratively approve final plat on this as the final plat of the property. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 11 49 of 88 Regular City Council Meeting February 10, 2016 Page Twelve 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Bob Zomok, newly appointed member of Charter Review and former member, said the Charter Review process should be analyzed at the end of each session, recommended more effective interaction with Council, suggested that when a Charter Review member proffers a point to other members they do so in writing, and that when they come to a final recommendation for Council, it be presented in the form of a dialogue with Council. He asked them to ponder that and get back to the Charter Review Chair. 12. NEW BUSINESS 16.133 A. Consider Reaulation of Riverview Park Kavak Launch (Transmittal, Subiect Matter Meetina Minutes, Overhead Map) Following a brief explanation from the City Manager about the condition of the area from cars parking on the grass, and signs and gates being removed, and discussion by Council, it was the consensus of Council to direct the City Manager to come back with a plan for some type of drive, perhaps gravel, and signage for drop-off only. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager reported on January 17th storm damage to screening, turbines and soffits at the Airport, exhibiting photos on the overhead, said insurance had been applied for and would be slow coming, and requested approval to get it done now using R & R funds and then reimburse it with the insurance. It was the consensus of Council to approve his request. 15. CITY CLERK MATTER - None 16. CITY COUNCIL MATTERS A. Council Member Andrea Cov Ms. Coy reported that the Mullet Fry at the Working Waterfront was great and thanked the Indian River County Historical Society and fishermen. She then reported on concerns with the County meter reader who is driving his vehicle on the wrong side of the road and on the sidewalk and nearly had a collision with him, brought it to the City Manager who spoke to the Utilities Director and Chief of Police. She said she also spoke to two County Commissioners. She asked the City Manager to contact the County to get their policy in writing so if there is any incident they will be fully liable. The City Manager said he would follow up with a letter. 12 50 of 88 Regular City Council Meeting February 10, 2016 Page Thirteen B. Council Member Jim Hill Mr. Hill said he was disappointed in things he had heard have been going on over the last several months, citing a previous Council when members were bickering back and forth and sees this Council moving rapidly in that direction and it is a disservice to the Community. He said the Charter outlines the role of City Council members and the Mayor and specifically states there is no authority of any individual Council member when they are not behind the dais, and no authority of any individual Council member if they cannot convince two others up here and send direction. He said he thinks there have been things going on that are contrary to our Charter and concern him, concerns staff, and is an overstepping of the obligations and responsibilities of a Council member. He said it is the responsibility of the five Council members to police ourselves and make sure we are abiding by the Charter and understanding our rules. He said when we stand in the halls of City Hall we have the exact same authority as any citizen that walks the streets of the community, we need to conduct ourselves like that always, and don't believe that has been done. He said he knows a lot of people who work for the City and has gotten a lot of phone calls, did not want to get into specifics. He asked for a consensus of Council to direct the City Manager, prior to the next City Council meeting, to have a Council reorganization meeting, such as the one that takes place immediately following an election. Ms. Coy seconded, however, Mr. Hill noted we cannot take action, but rather can give the City Manager some form of consensus from the Council to put it on the agenda. Ms. Coy asked if we are entitled to do that by Charter and Mr. Hill said he researched it quite a lot and the Charter does not specifically state that, so he believed that in discussions with others, we can do that, and asked Attorney Armitage if that was correct that with a majority vote we can have that put on the next meeting. Mr. Armitage responded they can direct the City Manager. Mr. Hill said that is what he would like to see happen. Ms. Coy seconded, however there was no motion. Mayor Gillmor said he was not so sure, since the item was not on the agenda, that we can vote on this. He said he thought this was something that would have to be agendized. Ms. Coy said she thought we could direct the Manager. Mr. Hill said put it on the beginning of the next scheduled Council meeting. Mayor Gillmor said he would say alright with a caveat that we have the Attorney research it and find out if that is doable. He said we have certain things that we can do and there are obviously things that the City Council can undertake but was not so sure this is legal. He said he would want a determination before it is put on the agenda. Mr. Hill asked the Attorney for his opinion on this. Attorney Armitage said there seems to be no reason why it can't but he was not asked to thoroughly research it. 13 51 of 88 Regular City Council Meeting February 10, 2016 Page Fourteen Mayor Gillmor said that is what he is asking him to do. He said he would not want this put on the agenda if it is not legal for us to do that. Attorney Armitage said if it turns out to be a determination that it is not legal, then it won't be an agenda item, but should it be acceptable, then it can still be an agenda item. Mayor Gillmor said he had a motion and second and asked for a roll call. (There was no motion, only a request for consensus of Council by Mr. Hill). Mr. McPartlan asked if he was taking public input. Mayor Gillmor said there is no public input under Council matters. Ms. Coy said there is really no vote under Council matters and you just gave direction, so be it. Mayor Gillmor said he would like to find out if we have a consensus. Mr. McPartlan said you got a motion and second and he was asking if anybody has any input and we're voting on it. Mr. Hill said we are not voting on it, he is just asking if there is consensus. Mr. McPartlan said yes. Mayor Gillmor said okay there is three (consensus), so be it. C. Council Member Bob McPartlan - None D. Mavor Richard Gillmor - None E. Vice Mavor Jerome Adams - None 17. Being no further business, Mayor Gillmor adjourned the Regular meeting at 7:59 p.m. 14 52 of 88 CROF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM CITY CLERK REQUEST COUNCIL MEETING DATE: February 24, 2016 AGENDA ITEM TITLE: Authorize Mayor, on behalf of Council, and City Manager, on behalf of Administration, to Execute Letter Re: City Clerk, Sally Maio Voluntary Early Retirement Incentive Program Benefit dated February 24, 2016 BACKGROUND: In accordance with motion made and approved by City Council on January 27, 2016 and in an effort to memorialize and set out effects thereof in a letter, I am requesting authorization for the Mayor and City Manager to execute the letter attached. Attachments: February 24, 2016 Letter MOTION by Mr. Hill and SECOND by Mr. McPartlan to extend the benefits offered other regular full-time employees for the voluntary early retirement program in accordance with the City Clerk's employment contract making March 25h her last day of employment regretfully. Roll Call. Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed. 5-0 53 of 88 LnLX SE.� HOME OF PELICAN ISLAND February 24, 2016 In accordance with Sebastian City Council action on January 27, 2016 as follows: 16.020 A. Citv Clerk Retirement (Transmittal, 12/16/15 Memo, Emoloyment Aareement) MOTION by Mr. Hill and SECOND by Mr. McPartlan to extend the benefits offered other regular full-time employees for the voluntary early retirement program in accordance with the City Clerk's employment contract making March 25Th her last day of employment regretfully. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed. 5-0 This letter outlines the voluntary early retirement benefit provided to all regular full-time employees over the age of 50 with at least 15 years of continuous full-time service to the City of Sebastian as of January 2016, and which has been approved for City Clerk, Sally Maio, in keeping with her City of Sebastian Employment Agreement, and who is retiring March 25, 2016: 1) Service Recognition: $1000 for each year of full-time continuous City employment (pro -rated for partial year). Years of Service - February 10, 1986 to March 25, 2016 2) Sicklvacationicomp-time pay: as specified in the Collective Bargaining Agreement or in the Exempt Benefit Policy. City Clerk Sally Maio's employment agreement provides in paragraphs 6 and 7 that Ms. Maio is entitled to all accrued sick and vacation time. Amount to be determined on March 25, 2016 x hourly rate of $45.83. The City provides 9% contribution toward 1CMA 401a for every terminated employee on accrual payout. 3) Employee only Health, Dental, Vision and employer provided Life Insurance: paid for 36 months. Dependent Health, Dental and Vision may be continued at the employee's expense. The insurance benefit includes the City Benefit's card as long as that is the program in place with the annual insurance for City employees. If the employee elects to pay for dependent coverage at her own cost, the Benefits Card amount will be the same amount as provided to employees who elect dependent coverage. Mayor Joseph Griffin, City Manager Sally A. Maio, MMC, City Clerk Robert A. Ginsburg, City Attorney As to Form and Legality for Reliance by the City of Sebastian 54 of 88 �CF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 24 February 2016 Agenda Item Title: Public Works Equipment Purchase Recommendation: Authorize purchase of (1) Tractor with a boom -mounted ditcher/mower (Armadillo). Background: At the 27 January 2016 City Council meeting, Staff proposed, and was authorized, to proceed with a revised Stormwater plan for the City. As part of that presentation, an equipment purchase of a Tractor and `Armadillo' ditching/mowing machine was proposed. Staff is recommending the purchase of. one (1) Tractor (Model #6130M) from Deere & Company under the State of Florida Contract #21100000-15-1 for ($90,026.58), and; one (1) boom/ditcher/mower from Ring Power Corp. (St. Augustine, Fl.) under the Florida Sheriff's Association Contract #15-13-0904 ($72,860) for a total of $162,886.58. If Agenda Item Reauires Expenditure of Funds: Total Cost: $162,886.58 Amount Available in Current FY: $162,900.00 Amount of Appropriation Required: $162,886.58 Fund to Be Utilized for Appropriation: Stormwater Fund Administrative Services Department/CFO Review: J Attachments: 1. Vendor Quotes. 2. State of Fla. Contract # (21100000-15-1). 3. FSA Contract (15-13-0904). 4. Pictures City Manager Authorization: Date: 17 February 2016 55 of 88 JOHN DEERE ALL PURCHASE ORDERS MUST BE IIIADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Prepared For City Of Sebastian FL Equipment Summary ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Everglades Farm Equip Co Inc 6150 Orange Avenue Fort Pierce, FL 34947 772-461-5568 fortpierce@evergladesfarmequipment.com Quote Summary JOHN DEERE 6130M STANDARD CAB TRACTOR Contract: FL Ag & Lawn Equipment 21100000-15-1 Price Effective Date: May 11, 2015 Equipment Total Includes Fees and Non -contract items Salesperson: X ConBdantial Delivering Dealer. Everglades Farm Equip Co Inc Mitch Burney 6150 Orange Avenue Fort Pierce, FL 34947 Phone: 772-461-5568 mbu mey@evergladesfarmequipmentoom Quote ID: 12726983 Created On: 02 February 2016 Last Modified On: 11 February 2016 Expiration Date: 26 February 2016 Selling Price Qty Extended $ 90,026.58 X 1 = $ 90,026.58 Accepted By: X 56 of 88 $ 90,026.58 Quote Summary Equipment Total $ 90,026.58 Trade in SubTotai $ 90,026,58 Total $ 90,026.58 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 90,020.58 Accepted By: X 56 of 88 JOHN DEERE Selling Equipment Quote Id: 12726983 Customer Name: ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere 8 Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Hours: Stock Number: ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Everglades Farm Equip Co Inc 6150 Orange Avenue Fort Pierce, FL 34947 7721161-5568 fortplerce@evergladesfarmequipment.com JOHN DEERE 6130M STANDARD CAB TRACTOR Contract: FL Ag & Lawn Equipment 21100000-15-1 Selling Price' Price Effective Date: May 11, 2015 $ 90,026.58 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 00R5L 6130M Cab Tractor 1 $ 23.00 $ 24,138.50 $ 80,811.50 $ 80,811.50 104,950.00 Standard Options - Per Unit 0202 United States 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 0409 English 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 878M Condensor Screen for 1 $ 20.00 23.00 $ 4.60 $ 15.40 $ 15.40 Cooling Package 1441 PowrQuad PLUS 1617/16R 1 $ 1,108.00 23.00 $ 254.84 $ 853.16 $ 853.16 Transmission with Left Hand Power Reverser (19 mph/30 kmh) with Creeper 2073 Standard Cab 1 $ 2,550.00 23.00 $ 586.50 $ 1,963.50 $ 1,963.50 2127 Economy Seat for Cab 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Tractor 2511 Mirrors Manually Adjustable 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 and Telescopic- LH 8 RH 2631 Panorama Windshield with 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 RH Door 2663 Radio Package 1 $ 327.00 23.00 $ 75.21 $ 251.79 $ 251.79 3232 Load Sensing Constant 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Flow Hydraulic System: 21.1 GPM (80 Umin), 35cc 3320 2 SCV Mechanical (3 1 $109.00 23.00 $ 25.07 $ 83.93 $ 83.93 Detents - 450 Series) with Standard Couplers 3820 Rear Independent 540/1000 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 RPM PTO 4121 Draft Links with Telescopic 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Ball End- Category 3N/3 Confidential 6YAre fiI3 a JOHN I DEERE I. I Selling Equipment Quote Id: 12726983 Customer Name: ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Everglades Farm Equip Co Inc 6150 Orange Avenue Fort Pierce, FL 34947 772-461-5568 fortplerce@evergladesfarmequipment.com 4213 Center Link with Ball End - 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00' Category 3 4410 Sway Control Blocks 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 5010 Flanged Axle 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 5090 Steel Disk 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 5212 18AR34 In. 144A8 R1W 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Radial (460/85R34 In. 147A8 R1W Radial) 5999 No Tire Brand Preference 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 6045 MFWD Front Axle 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 6220 14.9R24 In. 126A8 R1W 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Radial (380/85R24 In. 131A8 R1W Radial) 7706 Protection for Overseas 1 $ 54.00 23.00 $ 12.42 $ 41.58 $ 41.58 Shipment 8002 Toolbox 1 $ 77.00 23.00 $ 17.71 $ 59.29 $ 59.29 8385 Heavy Duty Rear PTO 1 $ 291.00 23.00 $ 66.93 $ 224.07 $ 224.07 8742 200 Amp Alternator 1 $ 255.00 23.00 $ 58.65 $ 196.35 $196.35 8782 Back -Up Alarm 1 $ 461.00 23.00 $ 106.03 $ 354.97 $ 354.97 Standard Options Total $ 5,252.00 1,207.9 6 $ 4,04.04 $ 4,044.04 �tfl$ Option son-Conac0pea 4a06t - _. .Technolo 1834 No GreenStar Ready 1 $ 0.00 23.00 $ 0.00 $ 0.00 S0.00 1835 No StarFire 3.000 Receiver 1 $ 0.00 23.00 $ 0.00 $ 0.00 S 0.00 Technology Options Total $ 0.00 $ OAO $ 0.00 Baler Attachments/N6n4onfracWpen'Msikef - -$.0.60 TIRES TRELLEBORG 1 $ 4,600.00 0.00 $ 0.00 $ 4,600.00 $- 4,600.00 R516320 PULLEY 1 $ 353.15 0.00 $ 0.00 $ 353.15 $ 353.15 517237 BUSHING 1 $ 24.77 0.00 $ 0.00 $ 24.77 $ 24.77 AL1 11705 Beacon Light, LH 1 $ 250.80 23.00 $ 57.68 $ 193.12 $ 193.12 Dealer Attachments Total $ 5,228.72 $ 57.68 $ 5,1T1.04 $ 5,171.04 $ 90,026.58 Confidential 58 of 88 Ring Power Corporation 500 World Commerce Parkway St. Augustine, FL 32092 February 5, 2016 rev0205 City of Sebastian Attn: Greg Schmidt REF: Quoted as per Florida Sheriff's Association Contract #15-13-0904 Specification#21 DIAMOND 25 FT BOOM MOWER ADD OPTIONS 107 JOYSTICK 5 VALVE CONTROL $ 7,843 103 HYDRAULIC TRAP DOOR $ 727 DBR050H 50" ROTARY $ 8,667 TOTAL SPECIFIED OPTIONS $ 17,237 A NON-SPECIFIED OPTIONS DBM-C-J 25 FOOT REAR CRADLE BOOM $ 38,537 161 FACTORY MOUNT $ 8,688 116 LARGE HYDRAULIC ACTUATOR $ 5,885 503 PUMP & GRILL GUARD $ 609 102 TRANSPORT LOCK $ 440 DBD022H 22" BOOM DITCHER $ 11.380 SUBTOTAL LIST PRICE $ 65,539 LESS 17% CONTRACT DISCOUNT $-11.142 TOTAL NON-SPECIFIED OPTIONS $ 54,397 B CONTRACT TOTAL $ 71,634 A+B MISCELLANEOUS $ 1,226 QUOTE GRAND TOTAL $ 72,860 FOB City of Sebastian Thank you for consideration of our product. Greg Bennett Governmental Sales (305) 592-5374 ext 1121 Cell (786) 229-7037 Fax(305)477-2024 Brea bennett@kellvtractor.com www.kelivtractor.com/Governmental Quote is valid for sixty days. 59 of 88 Agriculture and Lawn Equipment / State Term Contracts / State Contracts and Agreement... Page 1 of 2 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > State Term Contracts > Agriculture and Lawn Equipment << Return Agriculture and Lawn Equipment21100000-15-1 Effective Period 09/01/2015 through 06/30/2017 Contract Type State Term Contract Pricing (1LT' 67.29 KB) Contract Contractors Information Freauently Asked Ouestlons - Users Freauentiv Asked Ouestions - Vendors How to Use this Contract Forms and Other Information Contract Ameridlpents and Memorandums Documents PDF ( 934.30 KB) Word (R 512.23 KB) Contract Christopher McMullen • (850) 922-9867 Administration christoDher.mcmullen(ddms.mvflorida.com UNSPSC-21101500, UNSPSC-21101600, UNSPSC-21101700, UNSPSC-21101800, Commodity UNSPSC-21102000, UNSPSC-21102100, UNSPSC-21102200, UNSPSC-23231800, Codes UNSPSC-25101900, UNSPSC-2511934, UNSPSC-25181700, UNSPSC-27112000, UNSPSC-27112712, UNSPSC-49211600, UNSPSC-70151700, Description This contract covers the purchase and delivery of new agriculture and lawn equipment such as; all -terrain and utility vehicles, golf and sports specialty equipment, forestry machinery, utility tractors, agricultural tractors, mowers, utility and specialty trailers, hand held equipment, and accessories. The contract is awarded to over 19 nationally and internationally recognized Brands/Manufacturers. Benefits • Statewide coverage and Manufacturer Authorized Repair Facilities available. • Price discounts across 21 Groups on Base Equipment, OEM Options, Accessories and Implements, and Parts ranging up to 32 percent off of list price (MSRP). • Additional discounts possible for large quantity orders. • Lead Time Varies — up to 180 days (based on equipment and selected options). • Prices include all charges for packing, handling, freight, distribution, and delivery. • Manufacturer's standard warranty included with a minimum of one year. • Pricing tied to Bureau of Labor's Producer Price Index to keep current with market. Document reader download links . 0-0 • IXJAdobe PDF Reader • 1OL9S Word Viewgr http://www.dms.myflorida.comlbusiness operations/state_purchasing/vendor informationls... 2/2/2016 1:11rem13 Page 1 61 of 88 rs<a',Er ntrr I-Ir1if_SlAhi Important Note. DMS Is stip wodft with awarded Contractors to receive Information on Dealer Lists, and updated pricing pages by group• hdanuati hyperpnked may include information that not applicable to the Group or Sub Group. H a Group/Sub Group Is missing the hyperlink, please reach out to the Contract Manager. Grouo GrouD Description Sub Group Sub Group Descrt� tion Utility Tractors; Less t han 40 HP Sub Excludes: AnDllcable Commodity Codecs)* Group 11 Utility Tractors: Under 40 HP Sub Group 19 (I ncludes: - Compact and Compact) Compact Utility Tractors: Greater than or Equal to Sub Group 20 40 HP but less than 75 HP (Includes: Compact and unity) Utility Tractors: Greater than or Group 12 equal to 40 HP but less than 145 Sub Group 21 Utility Tractors: Greater than or equal to 75 HP but HP less than 110 HP (Includes: Compact and Utility) Utility Tractors: Greater than or equal to 110 HP but Sub Group 22 less than or ESI To 145 HP Got#Spmis 21100000 Sub Group 23 Row -Crop Tractors: Greater than 140 HP but less Group 13 Row -Crop Tractors: Greater than than 260 HP 140 HP but less than 370 HP Row -Crop Tractors: Greater than or equal to 260 Sub Group 24 HP but less than 370 HP AgrlculturaUSpeclalty Tractors: Sub Group 25 AgdculturaUSpeciatty Tractors: Less than 145 HP Group 14 Includes hl -crop, low profile and narrow do not qualify for other AgdculturaUSpeciaity Tractors: Greater than or groups Sub Group 26 equal to 145 HP but less than 370 HP Large Lawn, Agricultural, and Sub Group 27 Small Forestry Equipment: Wood chippers, Snow Equipment, Pressure Small Forestry Equipment: Shredders, Log Splitters, etc. Group 15 Compatible with tractors, stand P Accessories, Attachments & implements Washers, Attachments, and Implements 27112000 , 25111934, 27112712 alone, and vehicles. Sub Group 28 comPetible with vehicles IAccessories, Group 11 Utility Tractors::Umter40 HP Sab'Groita,19S !UfHICY�Tradorsti[s t�tanr40iHP,Tt1 _.T [cIy--:' B E IP ACCESSORIES & OEM & REPLACEMENT Line No MANUFACTUREW BRAND t MSRP DISCOUNT= OEM OPTIONS DISCOUNT'[##.##%] IMPLEMENTS MSRP PARTS MSRP NT° DISCOU Contractor [##.##%] DISCOUNTj####%] [##.##%] Q�/ g Glado&Gtov Sun'otvrco.,LLC_ 5 Johol]eere 16.00g%6 1660% 16.00r%� 16.009%` 7 9 Q 8 Ma n ra 23.00% 15.00% 5.00% 5.00% 10.00% 5.00% 6.50% 2.00% FIo<��j_ asEqulomnent Inc. a D war Mowers. Inc, 10 Massev erauson 12.00% 3.00% 3.00% 0.00% II(_Trr or Co. 12 New Holland 24.00% 24.00% 17.00% 0.00% CNN lndustr al America. LLC. - New Holland Brand 14 Grovik12 Y4 nt rac 13.00% 13.00% 13.00% Utll Tractors Greater. I p 40'HP butlebstticit 145,HP' 0100% Venture Products Irma S[b;GroitD.20' f, an or;Equi%I,Co401HP�ti)fliessittFans75NPdlin[tr�isiCoropa`cEdlUglltt,], - pactiUtllity7iactors 1. ._.:� .___... ..._. - _.:.� BASE EQUIPMENT OEM OPTIONS ACCESSORIES, & OEM & REPLACEMENT Line No MANUFACTURERI BRAND MSRP DISCOUNT= IMPLEMENTS MSRP DISCOUNT* [##.##%] PARTS MSRP DISCOUNT° Contractor [##.##%] DISCOUNT [##.##%] [##.##%] 2 gem ,lQhn Deere16.00% j u%b 25.00% 23.49% 25.00% 25.00% 16.00% 16.00% 5A0% 5.00% 16.00% 16.00%CI(pmpa7 6.50% C LLC5 Glade &Nower F� a"inmen] I9 a to ra 15.00% 10.00% 5.00% 2.00% r oowers. Inc, 10 Massey Ferguson 12.00% 3.00% 3.00% 0.00% Ke I ITractor Co. New 12 Now Holland 26.00% 26.00% 17.00% 0.00% CNH industrial America, LLC. - Su6:.Group2l..UeT(aGlealerztfiaoRieq�lalto7$;HPsbuti[��ttt[melt:'11�.i11P,Z(Cn�ru'"a_'"es,�A;_otlpAcSsaita�lTtit[tyk.._.. Holland Brand - BASE EQUIPMENT OEM OPTIONS ACCESSORIES, & OEM & REPLACEMENT Line No MANUFACTURERf BRAND' MSRP DISCOUNT=IMPLEMENTS MSRP DISCOUNT (##.##%] PARTS MSRP DISCOUNT' Contractor [%) DISCOUNT [##.##%) [##.##%] 2 25.00% 25.00% 25.00% 10.00% Glade & Grove Suooly Co.. LLC 3 hallgqnaer 19.00% 19.00% 3.00% 0.0Q Inp Power Corp. 5 7 be uboSa 18.00% 24.17% 18.00% 18.00% 5.00% 5.00% 18.00 6.50% gtj[rj I CnlPany FIQrI a bas Enu DmegI Inc, 9 a 1pstra 15.00% 10.00% 5.00% 2.00% Sar Q� wer Mowers Inc, 10 MarisgLFerauson 12.00% 3.00% 3.00% 0.00% [S�P)�s 12 New Holland 26.00% 26.00% 17.00% 0.00% CNH Indus a erica. LLC. -Now Sub Group22 UUIEty Trraators: Greaferttian.�re�: rel t6140HP buttes'°titan:or;E4u`e1TonT_45'HP,: -- "' -- - ---- --`^' BASE EQUIPMENT OEM OPTIONS ACCESSORIES, & OEM & REPLACEMENT Line No MANUFACTURER/ BRAND' MSRP DISCOUNT=IMPLEMENTS MSRP DiSCOUNI'[##.##%] PARTS MSRP DISCOUNT' Contractor [##.##%] DISCOUNT[##.##%) I##.##%] 2 3 C Fe IN C_ha[fepter 25.00 % 20.00% 25.00% 25.00% 20.00% 3.00% 10.00% 0.00% Glade Grove Sueely CoyLLC n PowerLorp. 5 john 6 gr�r 23.00% 23.00% 23.00% 23.00% Deere & Company 7 10 11 � er use 24.17% 12.00% 5.00% 5.00% 3.00% 3.00% 6.50% 0.00%�Ii F! yyas�Egu1�t gent lnc. Tracor CD_ 12 New Holland 29.00% 29.00% 17.00% 0.00% CNH I d k America. LLC. - New Holland Brand Page 1 61 of 88 FAb t , ' FLORIDA COUNTIES All About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES AGRICULTURE TYPE TRACTOR WITH BOOM MOWER (4 WHEEL DRIVE) SPECIFICATION #21 2016 Challenger MT465 with Diamond Boom Mower The Challenger MT465 with Diamond Boom Mower purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $138,622.00 $138,622.00 $138,622.00 $136,761.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement 15-13-0904 747 iY.�ii [I1 VEHICLE: DEALER: ZONE: BASE PRICE: Order Code 465-19 1 Order Code 525-25 1 525-30 ' 535-30' MT465 with Diamond Boom Mower Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor Western Northern Central Southern $138,622.00 $138,622.00 $138,622.00 $136,761.00 Delete Options Downgrade model - specify 465 WITH 19 FOOT BOOM MOWER , CABLE CONTROL, AG TIRES, 60" CUTTER, Downgrade model - specify Downgrade to 2 wheel drive Downgrade to a 20' boom reach Downgrade - specify Downgrade - specify Optional equipment delete - specify Optional equipment delete - specify Optional equipment delete - specify Western & Northern & Central Southern I ($6,794.00)' NA NAI Western & Northern Add Options & Central Southern Model upgrade - specify $12,954.00' MT525 WITH 25 FOOT REAR CRADLE BOOMAG TIRES, 4WD, CAB A/C CABLE CONTROL 60" ROTARY CUTTER I I Model upgrade - specify I $18,009.00' MT525 WITH 30 FOOT REAR CRADLE BOOMAG TIRES, 4WD, CAB AIC CABLE CONTROL 50" ROTARY CUTTER Model upgrade - specify MT535 WITH 30 FOOT REAR CRADLE BOOMAG TIRES, 41FD, CAB A/C CABLE CONTROL 5011ROTARY CUTTE Enclosed cab with heating and air conditioning Air suspension seat cab only 725547941 AM/FM stereo with cassette and quartz clock 725534722 Rear washer/wiper, rotating beacon 4 -wheel drive iOscillating hydraulic assist front axle CVT transmission with constant velocity 3 spool valve and selector Additional fuel tank Telescopic minors TRELEBORG Treleborg 22 ply tires or equivalent High capacity air cleaner MT465-25 25' boom mower with rotary 5' cutting head RC I MT465 WITH 25' BOOM MOWER,CABLE CONTROL, AG TIRES, 60" ROTARYCUTTER I Bid Award Announcement I5-13.0904 $22,322.00' Incl. Incl. S450.00' S365.00I Incl. NA Incl. NA Incl. I Incl. $5,135.00' 748 63 of 88 VEHICLE: MT465 with Diamond Boom Mower DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor ZONE: Western Northern Central Southern BASE PRICE: $138,622.00 $138,622.00 $138,622.00 $136,761.00 MT465-25-FC ` 25' boom mower with rotary 5' flail cutting head $6,695.00 MT465 WITH 15' BOOM MOWER,CABLE CONTROL, AG TIRES, 63"FLAIL CUTTER ! 504 i j Additional required wheel weights for boom mower $833.00 ! 2 X 400 LBS HEAD 15 Headmount, 15 degree offset NCt DEGREE 101 107 114 103 502 DBSO48-H DBR050H DBR060H Electronic 3 point hitch control I Optional equipment - specif� j JOYSTICK 4 VALVE CONTROL i Optional equipment - specify JOYSTICK 5 VALVE CONTROL 1 Optional equipment - specify FRONT AXLE STABILIZER I Optional equipment - specify HYDRAULIC TRAP DOOR i Optional equipment - specify PUMP GUARD Optional equipment - specify 48"SINGLE SAW BLADE Optional equipment - specify 50" ROTARY j Optional equipment - specify 60"ROTARY Optional equipment - specify Optional equipment - specify Optional equipment - specify I Optional equipment - specify `Optional equipment - specify j Optional equipment - specify Optional equipment - specify Temporary tag Transfer existing registration (must provide tag number) New state tag (specify state, county, city, sheriff, etc.) Maintenance Plan - specify Maintenance Plan - specify Extended warranty — 3rd year 3 YEAR 13000 HOUR POWERTRAIN PARTS AND LABOR. Extended warranty — 3rd & 4th years 4 YEAR 14000 HOUR POWERTRAIN PARTS AND LABOR. Bed Award Announcement 15-13-0904 $6,198.00 $7,843.00 $688.00 1 $727.00 t $278.00 $8,369.00 $8,667.00 $9,196.00 E $1,675.00 $2,450.00' 749 64 of 88 VEHICLE: MT465 with Diamond Boom Mower DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor ZONE: Western Northern Central Southern BASE PRICE: $138,622.00 $138,622.00 $138,622.00 $136,761.00 26% Discount I Discount percentage off manufacturer's current published retail prices for non-specified 15% Discount 2 options and any optional models bid. This discount ONLY APPLIES to a downgrade or an upgrade to the model listed in this specification. It does not apply to a completely different make or model. (The discount is applied to the manufacturer's current published retail prices.) 26% DISCOUNT ONALL CHALLENGER TRACTORS; 179,6 DISCOUNT ON ALL DIAMOND PRODUCTS. 15% Discount on all Challenger tractor and factory Installed options 10% Discount on all Diamond Mowers' products 2 Bid Award Announoement 15-13-0904 750 65 of 88 DITCHER ATTACHMENT +Ideal for ditches and culverts Equipped with hydraulic chute to direct exhausted material y; A A00ITIONALOPTIONS .............••• BOOM OPTIONS AND UPGRADES AXLE STABILIZER HYDRAULIC TRAP DOORS Increases stability by eliminating oscillation on front axle . Exposes blades to easily feed material into the Comes standard on booms 25 -ft and longer, but can he cutter head added to shorter booms for operating on steep hillsides . Available for 50" and 60" rotary and 50" flail heads GRILL GUARD • To protect headlights from tree branches and debris 67 of 88 ti B or 'el -C' ' 1R.t .'w -," Atli! 4 1) l 114 A Mower Head IN %I ,:. -W '0, " L Features JAW;, ;1`-AddP% W4 60" Rotary 965 Me 4 1) l 114 A Mower Head Head Weight Features 50" Rotary 831 lbs cuts up to B" material 60" Rotary 965 Me Cuts up to B" material 22" Ditcher 600 lbs Includes three 9/8" thick replaceable knives 42" Flail 639 lbs Cuts up to 2" material 44" Flail 950 lbs Cuts up to G" material 50" Flail I�W 1.068 lbs Cuts up to 6' material 53" Flail 753 lbs Cuts up to 2" material 48" Saw 775lbs Cuts up to 10" material 36" Forestry 700 lbs Cuts up to 18" material SATISFACTION 3.00%GUARANTEE 68 of 88 4 anOF SEBASTIAN HOME OFPEUCANISMD CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 24 February 2016 Agenda Item Title: Police Evidence Building Design Services Recommendation: Approve MBV Scope of Services and fees. Authorize the City Manager to execute the CSA. Background: Staff is recommending commencing planning/engineering work on the budgeted (new) Police Evidence Building. Staff has received the attached work scope and fee from MBV Engineering to provide the surveying, engineering and structural design services for the project. Since this project will require topographic surveying, drainage calculations and structural assessment, Staff is recommending MBV, a City consulting engineer, to provide those services. If Agenda Item Requires Expenditure of Funds: Total Cost: $27,500 Amount Budgeted in Current FY: $300,000 _ Administrative Services Department/CFO Review: Attachments: Scope of Service and Fee City Manager Authorization Date: 17 February 2016 69 of 88 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Work Authorization No. # CSA -6 Project Identification: Sebastian Police Department Evidence Storage Building Addition Design IT IS AGREED to undertake the following work in accordance with the provisions of the MBV Engineering, Inc. Master Agreement entitled NON-EXCLUSIVE CONTINUING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING dated October 15, 2015. A. Description of Project and Services: MBV Engineering, Inc. will provide survey and engineering services for the design and permitting of a proposed 20'x30' Police Evidence Storage Building to be located immediately north of the existing Police Headquarters. Our services, as outlined below, are to include surveying of the vicinity of the proposed building's location, civil design through the City of Sebastian and SJRWMD and building design and permitting assistance through the City's Building Department. B. Scope of Work / Services: Based on our understanding of the rules and regulations of the governing agencies, our performance of the work would include the following services and disciplines, as needed and/or required: SURVEY 1. Find and verify east boundary. 2. Provide site specific topographic survey. 3. Provide elevations within and offsite sufficient to show drainage patterns. 4. Locate existing stabilized parking and drives with elevations where applicable. 5. Locate pavement abutting property with elevations. 6. Locate all fixed aboveground improvements within site with elevations where applicable. 7. Locate all drainage structures and culverts with size, material and invert lying within or serving site. 8. Locate significant desirable trees within boundaries. 9. Provide 6 certified copies of the boundary and topographic survey. 10. Provide PDF file or CAD file if requested. 70 of 88 CIVIL 1. Project coordination with the following regulatory agencies: a. City of Sebastian (COS) b. St. John's River Water Management District (SJRWMD) 2. Project coordination and review of the required boundary, topographic and tree survey. The cost of survey work has been included in this proposal. 3. Project coordination and evaluation of the required subsurface soils investigation, if required. The cost of geotech work has not been included in this proposal. 4. Finalization of the site plan layout. 5. Preliminary meeting with the City of Sebastian Planning Department. 6. Design of the paving and drainage systems. 7. Design of the on-site utilities. We assume that water and sewer service is available. No cost of off-site utility improvements are included in this proposal. 8. Preparation of the site construction drawings. 9. Coordination with landscape consultant, if required. No cost of landscape design is included in this proposal. 10. Coordination with environmental consultant, if necessary. No costs of mitigation design or permitting are included in this proposal. 11. Preparation of the following permit applications: a. City of Sebastian Site Plan Application b. SJRWMD Environmental Resources Permit Modification STRUCTURAL 1. Project coordination with the owner and their agents. 2. Preparation of preliminary building drawings including the review of possible alternative systems. 3. Review of sub -soil investigation to be provided by owner. 4. Preparation of the structural design and drawings for the primary structural system to include: a) Foundation b) Framing -System C) Connections 5. Preparation of construction building floor plan and elevations. 6. Preparation of mechanical, plumbing and electrical installation as required by code. 7. Certification of the drawings for compliance with local codes and wind load requirements. C. Cost of Work / Services Performed: We propose to provide the above described services for the following breakdown of fees, including direct costs. The contract price includes responses to two rounds of comments per agency for the permitting of the plans. Please note that this proposal includes one round of building sizing and site layout planning coordination. Additional building and site layout planning will be charged separately should it be required. VAIWON Survey: On -Site Civil Design/Permitting: Construction Inspection(s)/ Certifications: Structural/MEP/Floor Plans: AGREED: ENGI ERING CONSULTANT: Date: Aaron Bowles, P.E. ' MBV Engineering, Inc. Attest: Sally A. Maio, MMC, City Clerk $ 3,500 $19,500 Hourly (Estimated $8,500) $ 4,500 CITY OF SEBASTIAN: Date: Joe Griffin City Manager Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 72 of 88 CMOf SE HOME OF PEUCAN ISIAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February 24, 2016 AGENDA ITEM TITLE: City Clerk's Office Request Natural Resources Board — Fill one unexpired regular member position with a term to expire July 1, 2017 RECOMMENDATION: Interview, unless waived, submit nominations for one regular member position If necessary, interview, unless waived, submit nominations for one alternate member position BACKGROUND: Current alternate member, Vicki Tunker would like to be considered for the regular member position. In response to the advertisement, an application was received from Rachel Jussaume. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: Amount Budgeted in Current FY: If Cost Requires Appropriation: Amount of Appropriation Required: Fund to Be Utilized for Appropriation: ATTACHMENTS: City Manager AZutizatioDate:n: / Application, Ad, List 73 of 88 L-nY OF _ 4 - HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Vl Address:l") � !f r City: State: 1- e - OO 1 Zip: p�0 Telephone: (Q L3 )41q -� E -Mail Address: Vic" amow 1.&am Employer: �p-� ne City: Business Telephone: ( State: Zip: I am interestedinn serving on the following boards)/committee(s): 1St Choice: 0 1� {) 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *filing of financial disclosure is required following appointment **Must be resident one year prior to application. 74 of 88 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached. J 6 r2rti elearl 4"�i�,� -t" t, Why do you want to serve on this board? our f e5ources 4-16Lye,), U1�(�' � ✓1�,�IP � Sc�-�_ f Do you presently serve on another City Board or Committee? IV c7 If yes, please list: Have you previously served on any other City Board or Committee? �Jn_ If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. I ;a �,T;.V e' =5 S. . US _ li:i fJ"? If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at h,%: f I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. c Signature of Applicant: Date: RECEIVED Date Received by City Clerk's Office /U bye .1.(,J OCT Q 7 2015 �" City of Sebastian City Clerk's Office 75 of 88 cm or SIE HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: iZAG1-�^^Ci� ,osSnomr- Address::1 ` � o� { _ � i) R. R 1Z Ir -IT City: S C-1Q�P-" r i F) Q State: FL_ Zip: d Telephhoonn : lo$Q (n E -Mail Address: J U S SAL) me cameosT. N& 1 Employer: j j I R City: State: Zip: Business Telephone: ( 1 - I am interested in serving on the following boards)/committee(s): 1" Choice: T R L' C 2"d Choice: TR C= L. - CHARTER REVIEW COMMITTEE (serves only six months, everyfive years —next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) 'Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 76 of 88 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) cm�tA.L Why do you want to serve on this board? I X1.4 �-,_J p ,GyyYtJ l (11.t tS f_CZ_ . )LL.1._A U1 \Ji Lt. P -L 0- Any, C, I -1-f .$. 'CL) i�'Y�LnvLliJltiL f � � � ! ✓� �� J���4 I ' U .+1n -c.) l 1 " n LeBlJA �n horn ct U Do yo n y sn another reseerve oCity Board or Co ittee? If yes, please list: Have you previously served on any other City Board or Committee? 1 V If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.f Lus/ethics/forms.htmI If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant:// Date: Date Received by City Clerk's Office Z — t Z — 1 b by: 4J 77 of 88 1142 Barber Street 'Sebastian, FL 32958 Cell - 978-877-1126 Dome -772-571-6806 E -Mail: jussaumel@comeasLnet Rachel G. Jussaume Management/Administration Overview: Extensive experience administering and directing business operations, 25 + years EDUCATION: Secretarial and Air Career Certificate, Boston, MA High School Diploma, Presentation of Mary Academy — Hudson, NH Computer: Microsoft Applications — JD Edwards - People Soft - Peachtree EXPERIENCE: Mar 04 to Jun 13 Mall at Whitney Field —Jones Lang LaSalle — Leominster MA Office Manager • Responsible for the day to day operation of the management office. • Implemented a purchase order system to keep track of spending • Was responsible for Accounts Receivables. • Work with GM and Property Accountant to ensure timeliness and accuracy of payables through JDE • Compile sales figures from tenants and enter in JDE on a monthly basis. • Maintain accurate records for all incidents and property damage. Report to insurance carrier on a timely basis • Manage office equipment leases and maintenance agreements Oct 01 to Jun 03 Adden Furniture, Inc. - Lowell, MA A manufacturer of hardwood furniture for colleges, universities, the healthcare industry and government installations Executive Secretary for the Owner/President, 2002 - 2003 • Provided routine administrative duties as needed Customer Service Representative, 2001 - 2002 • Assisted customers, resolved order and delivery issues Mar 93 to Oct 01 Joan Fabrics Corporation - Tyngsboro, MA A QS 9000 certified manufacturer of automotive body cloth Executive Secretary, 1996 -2001 • Supported Plant Manager, VP of Logistics and Executive VP of Sales. • Completed travel arrangements and organized company functions • First Aid Responder for the plant, Member of Safety Committee International Sales Coordinator, 1993 - 1996 • Customer Service contact for Japanese & Mexican accounts 1988 to 1993 Allsports Health Clubs — Fishkill, NY Director of Corporate Memberships • Promoted health club by cold calling, face calling and health fairs • Responsible for payroll for 60 + employees • Managed Front Desk and Pro Shop 1986 to 1988 Pheasant Lane Mall — S. R. Weiner & Associates — Nashua, NH Mall Secretary • Was involved with Management Team in Grand Opening of Mall • Provided administrative duties • Payroll responsibilities — Monthly sales figure reporting • Performed accounting duties during Mall Accountants maternity leave • Maintain and reported all incidents and property damage to insurance carrier 78 of 88 January 19, 2016 Contact: Jeanette Williams 388-8215 PRESS RELEASE NATURAL RESOURCES BOARD The City of Sebastian is seeking applicants to fill the following position: One unexpired regular member position — term to expire 7/1/2017 Board members must be City residents. This is a volunteer position. The Board meets on the first Tuesday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 am and 4:30 pm or at www.citvofsebastian.orq and will be accepted until February 12, 2016. 79 of 88 George Millar - Chair NATURAL RESOURCES BOARD 405 Rolling Hill Drive Andrea Ring Apptd 1/15/2015 Term expires 407 Quarry Lane 7/1/2017 Sebastian, FL 32958 Apptd alt 11/19/14 Term expires (276) 920-1715 7/1/2017 Gilbert Gordian Jr. — Vice Chair Apptd 11/16/11 Term expires 498 Quarry Lane 7/1/2016 Sebastian, FL 32958 Apptd alt 6/22/2011 chooboo1727 ..aft. net 581-2760 Rose Glaser Reapptd 7/8/15 Term expires 1082 Genesee Avenue Apptd reg member 11/19/14 7/1/2018 Sebastian, FL 32958 Appt 6/25/14 Rose.hrrs@gmail.com 713-4366 James Clifton Apptd reg member 8/26/15 Term expires 817 Cain Street Apptd alt 6/25/14 7/1/2016 Sebastian, FL 32958 jameshowardclifton@gmail.com 228-8501 George Millar - Chair Apptd 2/26/14 Term expires 405 Rolling Hill Drive 7/1/2016 Sebastian, FL 32958 7/1/2017 Gmillar47na.hotmail.com (786) 367-4039 Bob. oroaulskeO.amail.com Term expires Vacant 7/1/2017 Bob Progulske Apptd 6/25/14 Term expires 632 Concha Drive Apptd alt 2/26/14 7/1/2017 Sebastian, FL 32958 Bob. oroaulskeO.amail.com (772) 589-1168 Vicki Tunker — Alternate Apptd 10/28/15 Term expires 601 Capon Terrace 7/1/2017 Sebastian, FL 32958 iewelsbvvickiO.a mail. com (813)477-4458 Keerthi Weragoda — Alternate Apptd 8/26/15 Term expires 191 Port Royal Court 7/1/2018 Sebastian, FL 32958 Ratan.weraaodana.amail.com 228-8224 Recording Secretary — Michelle Stromberg 80 of 88 Council Meetinq Date: Aqenda Item Title: Recommendation: CITY COUNCIL AGENDA TRANSMITTAL FORM 24 February 2016 Proposed Ordinance 0-16-01; Drones Second reading and Public Hearing; 0-16-01. Backqround: At the direction of Council, the proposed ordinance was prepared and placed on the Council agenda. Ordinance 0-16-01 was passed on 1st reading on 13 January 2016. CM Coy has requested that the Attachment, F.S. 934.50 is available to Council. If Aqenda Item Requires Expenditure of Funds: N/A Administrative Services Department Review: Attachments: 1. Proposed Ordinance 0-16-01 2. F.S. 934.50 City Attorney Authorization: Date: 17 February 2016 H. me m ORDINANCE NO. 0-16-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REGULATION OF DRONES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR SUPERVISION, LOCATIONS AND RESTRICTIONS FOR THE USE OF DRONES, PROVIDING EXEMPTION, PROVIDING PENALTIES, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Sebastian, in the exercise of its legislative discretion, finds and determines that the recent proliferation and operation of drones within city limits poses real and potential dangers to the public health, safety and welfare and potential injury to persons and property, and WHEREAS, some drones are equipped with high definition cameras, night vision cameras and infrared -see-through scopes, and WHEREAS, some drones can be used to fly above private residences and to hover outside windows or in back yards without the knowledge of residents who have a reasonable expectation of privacy, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The recitals set forth above are true and correct. Section 2. Definitions. (a) "Drone" shall mean an unmanned aircraft that can fly under the control of a remote pilot or by a geographic position systems (GPS) guided autopilot mechanism. (b) "Operator" shall mean any person controlling the flight of a Drone, within the city limits of Sebastian for personal use, as a hobby or for recreational purposes. The term expressly does not include the use of Drones for governmental, commercial or business purposes. Section 3. Drone Regulations. It is unlawful and a violation of this ordinance for any Drone Operator to fly a Drone within the city limits of the City of Sebastian unless there is compliance with the following regulations: 82 of 88 (a) Supervision. If the Operator is under the age of 12, the Operator must be actively supervised by an adult who shall be jointly and severably liable with the Operator for any damage caused by the Drone and for any violation of the provisions of this ordinance. (b) Locations and Restrictions. (1) Drones may be flown in any area specifically designated by the City of Sebastian for their use and in accordance with any rules established by the city. (II) Drones may be flown within the Operator's home, or within any structure where the owner or lessee thereof has granted permission. (III) Drones may be flown on the Operator's property, or wherever an owner or lessee has granted permission, subject to the following requirements: (A) Each Drone shall carry identification including the name, address and phone number of its owner. (B) Drones shall only be flown in daylight and shall always be flown within the line -of -sight of the Operator. (C) Drones shall not violate the city's noise ordinance. (D) Drones shall not be flown higher than 35 feet from ground level. (E) Drones shall not record or photograph anything beyond the boundaries of the property from which they are permitted to be flown. (F) Drones shall not use or be equipped with laser devices. (G) Drones shall not be weaponized or fire or emit any object or projectile or cant' any explosive device. (H) No Operator may utilize a Drone in such a manner as to harass or interfere with any person, animal or motor vehicle upon any street, highway, sidewalk or public right-of-way or property. (1) Operators must comply with applicable federal or state statutes, rules or regulations. 83 of 88 Section 4. Exemptions. The provisions of this ordinance shall not apply to: (a) the lawful use of Drones by or on behalf of the federal, state or municipal government of the City of Sebastian, including any law enforcement department or agency thereof, and (b) the lawful use of Drones by or on behalf of any business or commercial enterprise. Section 5. Penalties. The general penalties of Section 1-10 of the Sebastian code shall be applicable to violations of this Ordinance. Section 6. Conflict. The provisions of this Ordinance shall prevail over the provisions of any other Ordinance or Resolutions in conflict. Section 7. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 8. Effective Date. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice -Mayor Jerome Adams Councilmember Andrea B. Coy Councilmember Jim Hill Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2016. CITY OF SEBASTIAN, FLORIDA By: Mayor Richard Gillmor 84 of 88 ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney 85 of 88 SI January 28, 2016 I 2015 . �I drones Search Search Statutes: - --- - .••-� -- - - -- 2015 Home Select Year: FloridaCitator atutes, Constitution, a Laws of The 2015 Florida Statutes orida Itawtesil Statut Title XLVII Chanter 934 V1 Entire earchTf CRIMINAL PROCEDURE AND SECURITY OF COMMUNICATIONS; chanter oa'.F F. CORRECTIONS SURVEILLANCE ws of Ro 934.50 Searches and seizure using a drone.— (1) SHORT TITLE.—This act may be cited as the "Freedom from Unwarranted Surveillance Act." (2) DEFINITIONS.—As used in this act, the term: (a) "Drone" means a powered, aerial vehicle that: 1. Does not carry a human operator; 2. Uses aerodynamic forces to provide vehicle lift; 3. Can fly autonomously or be piloted remotely; 4. Can be expendable or recoverable; and 5. Can carry a lethal or nonlethal payload. (b) "Image" means a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an Individual located on that property. (c) "Imaging device" means a mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting an image. (d) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws. (e) "Surveillance" means: 1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or 2. With respect to privately owned real property, the observation of such property's physical improvements tlatWe Sunse Jmit (JCSC with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more .- Force persons. Legistore 7"�,"I'iVL "op", en, Links (3) PROHIBITED USE OF DRONES.— (a) A law enforcement agency may not use a drone to gather evidence or other information. Interpreter 5erviCE (b) A person, a state agency, or a political subdivision as defined in s. 11_45 may not use a drone equipped for the Hearing Impa with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property • • • captured in the image In violation of such person's reasonable expectation of privacy without his or her written _ consent. For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone. (4) EXCEPTIONS.—This section does not prohibit the use of a drone: (a) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk. (b) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone. (c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action Is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person. (d) By a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the drone is used only to perform reasonable tasks within the scope of practice or activities permitted under such person's or entity's license. However, this exception does not apply to a profession in which the licensee's authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons. (e) By an employee or a contractor of a property appraiser who uses a drone solely for the purpose of assessing property for ad valorem taxation. (f) To capture images by or for an electric, water, or natural gas utility: 1. For operations and maintenance of utility facilities, including facilities used in the generation, transmission, or distribution of electricity, gas, or water, for the purpose of maintaining utility system reliability and Integrity; 2. For inspecting utility facilities, including pipelines, to determine construction, repair, maintenance, or 87 of 88 replacement needs before, during, and after construction of such facilities; 3. For assessing vegetation growth for the purpose of maintaining clearances on utility rights-of-way; 4. For utility routing, siting, and permitting for the purpose of constructing utility facilities or providing utility service; or 5. For conducting environmental monitoring, as provided by federal, state, or local law, rule, or permit. (g) For aerial mapping, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (h) To deliver cargo, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (i) To capture images necessary for the safe operation or navigation of a drone that is being used for a purpose allowed under federal or Florida law. (5) REMEDIES FOR VIOLATION.— (a) An aggrieved party may initiate a civil action against a taw enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this section. (b) The owner, tenant, occupant, invitee, or licensee of privately owned real property may initiate a civil action for compensatory damages for violations of this section and may seek injunctive relief to prevent future violations of this section against a person, state agency, or political subdivision that violates paragraph (3)(b). In such action, the prevailing party is entitled to recover reasonable attorney fees from the nonprevailing party based on the actual and reasonable time expended by his or her attorney billed at an appropriate hourly rate and, in cases in which the payment of such a fee is contingent on the outcome, without a multiplier, unless the action is tried to verdict, in which case a multiplier of up to twice the actual value of the time expended may be awarded in the discretion of the trial court. (c) Punitive damages for a violation of paragraph (3)(b) may be sought against a person subject to other requirements and limitations of law, including, but not limited to, part II of chapter 768 and case law. (d) The remedies provided for a violation of paragraph (3)(b) are cumulative to other existing remedies. (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or collected in violation of this act is not admissible as evidence in a criminal prosecution in any court of law in this state. History. s. 1, ch. 201333; s. 1, ch. 2015.26. 88 of 88