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HomeMy WebLinkAbout02-13-2019 CC Agendam cf EBASMA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 13, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 Dodd 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. Brief Announcements 2/15/19 — Sebastian Police Dept. Movie Night Out (Smallfoot) — Riverview Park - 6:30 pm 2/16/19 — Four Chaplains Commemoration — Veterans Memorial Park — 3 pm 2/16/19 — Sebastian River Art Club Show — Riverview Park — 10 am to 4 pm 2/18/19 — President's Day - City Hall Closed 2/22/19 — Chamber Concert in the Park — Johnny & The Blaze — 5:30 to 8 pm 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. pgs 5-13 A. Approval of Minutes — January 23, 2019 Regular Meeting 19.016 B. Prior Authorization for Council Travel to Florida League of Cities Advanced IEMO pgs 14-16 April 12-13, 2019, Tampa (Transmittal, Information) 19.017 C. Approve Board and Committee Members Social Media Policy (Transmittal, pgs 17-26 Employee Policy, Board Member Policy) 19.018 D. Approve the 2019 Pelican Island Wildlife Festival in Riverview Park on March 9, pgs 27-30 2019 from 10 a.m. to 4:00 p.m (Transmittal, Letter) 19.019 E. Approve 2019/2020 Show Dates for Craft Club of Sebastian, Inc. at Riverview Park pgs 31-38 (Transmittal, Letter, Application, List, Certificate) 1 of 78 19.020 F. Approve Alcoholic Beverages at Yacht Club for Gunkel Event on March 30, 2019 jogs 39-41 from 1:00 pm to 5:00 pm - DOB Verified (Transmittal, Application, Receipt) 19.021 G. Approve Alcoholic Beverages at Yacht Club for Cox Event on April 7, 2019 from jogs 42-44 12:00 pm to 4:00 pm - DOB Verified (Transmittal, Application, Receipt) 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. 19.018 A. Natural Resources Board (Transmittal, Application, R-12-26, Ad, List) jogs 45-59 i. Interview, Unless Waived, Submit Nominations for One Regular Member Position Natural Resources Board 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11, PUBLIC INPUT 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. 12. NEW BUSINESS 19.022 A. First Reading Ordinance No, 0-19-01 Proposed Land Development Code pgs 52-65 Amendment with Regards to Adult Personal Service Businesses -- Set Public Hearing March 13, 2019 (Transmittal, 0-19-01, Minutes, Matrix, Conditional Use Info, Definitions) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; AMENDING SECTION 54-5-22.3( c) REGARDING ADULT PERSONAL SERVICE BUSINESSES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 19.023 B. First Reading Ordinance No. 0-19-03 City of Sebastian Code Amendment with pgs 66-75 Regards to Employee Travel — Set Public Hearing March 13, 2019 (Transmittal, 0-19-03, F.S.112.061) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CODE OF ORDINANCES CHAPTER 2, SECTION 2-75(a) AND SECTION 2-74(b) REGARDING MEAL ALLOWANCE AND PER DIEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 19.024 C. Approve Contract with Nidy Sports Construction Company for Pickleball Complex jogs 76-78 Construction in the Amount of $252,450.16 through the National Cooperative Purchasing Alliance and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Price Breakdown) 2 of 78 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Hill B. Vice Mayor Kinchen C. Council Member Dodd D. Council Member lovino E. Council Member McPartlan 17. ADJOURN (All meetings shalt adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) 1 HEARING LOOP INSTALLED. SWITCH HEARING AID TO T -COIL. 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.266.0105) 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 Meetina Dates: February 27, 2019 — Regular City Council & CRR March 13, 2019 — Regular City Council h arnh `17 _ 019 _ Regular r i cancelled April 10, 2019 - Regular City Council April 24, 2019 — Regular City Council 3of78 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular City Council Meetinqs Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ 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 Meetinqs. 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. Appealinq 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. 4of78 (7r OF SEIBAST_V HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING STORMWATER UTILITY FEE CREDIT POLICY WORKSHOP COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, JANUARY 23, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular Meeting to order at 6:00 p.m. 2. Deacon John Dunlop of St. Sebastian Catholic Church gave the invocation. 3. Vice Mayor Kinchen led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present: City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Building Official/Fire Marshal Wayne Eseltine Public Facilities Director/Airport Director Scott Baker Community Development Director/CRA Manager Lisa Frazier Leisure Services Director Brian Benton Police Chief Michelle Morris 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to pull item 6A; and move item 15b regarding fire safety services, to just before item 7, the stormwater workshop renumbering it item 6.1. 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. 19.010 A. Presentation of Sebastian Clambake Foundation Proceeds to 2018 Beneficiaries by Aniani Cirillo, Foundation President This item was pulled from consideration. 19.011 B. Proclamation 211 Awareness Week — February 11 — 17, 2019 — Karen Bailev, Help Me Grow Coordinator Mayor Hill read the proclamation and presented it to Ms. Bailey. 5of78 Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January 23, 2019 Page Two 19.012 C. Public Arts Proaram Presentation by Kimball Stadler & Amanda Smallev, Sebastian River Area Chamber of Commerce Public Arts Proaram Committee 6;16 pm 6:25 pm Beth Mitchell, past chamber president, advised the presentation they were about to see was a culmination of the Public Arts Program Committee's efforts undertaken since May 2018 which promotes the chamber's mission statement. She said the committee included chamber members, chamber staff, public citizens and members of Sebastian River Art Club. Ms. Stadler displayed a Hooked on Sebastian Arts PowerPoint presentation and requested a consensus to establish an art program within the CRA district. (See attached) Ms. Smalley displayed photos of different artwork in nearby sister communities noting people love posting photos of their interaction with art on social media. She advised the art could incorporate the Sebastian's fishing village theme. Ms. Stadler said the Committee would provide oversight and financial solutions prior to presenting the placement requests to Council and requested support. Council Member Dodd said he favored the idea, and suggested a city-wide program. He said from a government perspective, a mural is a sign and art pieces are hardscape that might require a look at the Land Development Code (LDC) to see if there was anything prohibiting it or modify it so it doesn't prohibit it. He noted there isn't a lot of hardscape code; an attractive bike rack might need the addition of public safety code; and state and federal laws might need to be included to address certain content. Council Member Dodd said the request for art is a submission to the Growth Management Department to put a sign on the building; and the owner of the building would work on the finance which would not be part of the City's process. Ms. Mitchell responded if an area was designated for the mural program, it would not fall under the City's sign ordinance. Council Member Dodd said the LDC would need to be the controlling factor. Mayor Hill said he was not opposed to this but noted for the last several decades, the City has determined what color a building could be painted, the size of signs and how they will be illuminated which make Sebastian a wonderful place; they should be careful in changing everything that has been done over the years. He thanked the Chamber for presenting the idea and asked that this be agendized or workshopped to discuss how to protect the small town environment, how the murals will be maintained, what buildings they will go on, and what colors will be allowed before they agree to allow this or change the code. Council Member Dodd said he was in favor of moving forward. Vice Mayor Kinchen agreed, noting she has attended the mural meetings and looked forward to the final draft. It was the consensus of Council to have the chamber meet with staff. 6of79 Regular City Council, 5tormwater utility Fee Credit Policy Workshop & CRA Meeting January 23, 2019 Page Three 18.002119.014 6.1 Citv of Sebastian Fire Marshal (Transmittal. March 14, 2018 Transmittal, 0-18-02, Inspection Loa) 6:33 pm 6:42 pm The City Manager said a year ago, the City adopted Ordinance No. 0-18-02 establishing a Fire Marshal for the City to which the County has objections. He has met with the County Administrator, Fire Chief and each Commissioner to provide background and listen to their concerns. In the end it was agreed that he would ask City Council, at a public forum, if they would like to stay the course or look at something different. Jason Brown, County Administrator, said he and the Fire Chief have held discussions individually with each of them on what has happened in the past, the changes in staffing, and if there could be a fresh look at this. He asked if there might be an opportunity to try to see if the County can provide a higher level of fire safety services for a six-month time period to see how it works. Mr. Brown explained the voters consolidated the Emergency Services District in the 80's to include fire protection, advanced life support, fire prevention and permitting. This provides continuity between the fire prevention and fire permitting side. Mr. Brown said the City of Fellsmere was let go to conduct their own fire safety services at a different time period. Given there is more action in the City of Sebastian than Fellsmere, the County would like to make sure they are providing the review per code as a package deal since they are also providing the fire suppression in the event of a fire. Additionally there is a liability concern for the Fire Chief when there is another reviewing entity. Council Member Dodd said during his discussions, the City asked for a list of the restaurant inspections within the City. Mr. Brown said the County did not have the logs to which Chief Stone confirmed from the audience. Council Member Dodd said he would like to hear from the City Attorney about the Fire Chief's concern. Mayor Hill said people move to municipalities to receive a higher level of service and he asked if the City can provide the same or better level of service. The City Manager said in this past year, he has heard from individuals that they appreciate that Fire Marshal Eseltine can provide the fire and building inspections at the same time. The City Attorney said it had not been disclosed why the Fire Chief was not concerned with the City of Fellsmere conducting their fire inspections but if the claim is that Sebastian is a larger municipality, it would not be legally sustainable in court. Vice Mayor Kinchen said she has received several calls from contractors who are satisfied with the service they are receiving from the Building Department. Fire Marshal Eseltine said he has received the same positive response and maintains a good partnership with SafeBuilt to help provide services. The City Attorney said he was not aware of the City violating any federal or state rules by conducting the inspections but he would look into the Fire Chief's obligations which would have to be a legal prohibition for Fellsmere as well. 7of78 Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January 23, 2019 Page Four Council Member lovino said he was against the City providing fire safety services; the highest level of service can only be provided by putting someone with experience with fire behavior in that role. He said the whole purpose of building and fire inspection is safety; he would trust Indian River County Battalion Chief/Fire Marshal Dave Johnson to inspect any building he might have to enter. 6:49 pm 7:00 pm Mayor Hill said he has not heard that safety is the issue, but level of service, with safety as the number one part of it. In response to Council Member McPartlan, Fire Marshal Eseltine said the City was meeting or exceeding expectations. Chris Pinson, 481 Avocado Street, said he owns multiple businesses that deal with fire safety and protection and there is a lot to be said for the needed attention to detail. He said there are rules and regulations in place that address structural integrity and those same books address fire code. He said he has built a lot of structures that he would want trained fire personnel to save but it wouldn't take someone who went into a burning building to interpret a code that said it's a safe structure. He said he opened a Tiki Bar permit in 2014 which was not closed by the County which delayed his recent attempt to make further improvements. He asked if that was really being detailed oriented. Mr. Pinson said Fire Marshal Eseltine recently completed a meticulous inspection at the Archie Smith Fish House, noting when you service a smaller community versus the entire County you have more time for detail. Todd Smith, licensed structural engineer, said the County's presentation did not mention any improvement in services at the permitting inspection end which has been the big part of dissatisfaction. He said the requests for inspections are not automated; it takes several days for inspectors to call back and several days for the inspection to occur, so time is money. A lot of contractors are seeing expenses because of these delays. He said since the City has taken over the role, his clients are satisfied and he would rather have a person in charge with knowledge of both sets of code. Mayor Hill noted during their discussions, Mr. Brown and Fire Chief Tad Stone have provided the County's proposed improvements. Thomas Haynes, owner of five properties, said he believes in the code but time delays are a problem especially when switching tenants. He said he appreciates having his questions answered here in Sebastian. Mayor Hill asked Council if they would like to change what they have done. There was no further discussion regarding the fire safety services. Brief Announcements 1/25 — Chamber Concert in the Park — Wit's End — 5:30 to 8 pm 1/26 — Sebastian River Art Club Show in the Park — 10 am to 4 pm 1/27 — Four Chaplains Commemoration — Veterans Memorial Park — 2 pm 218 — Chamber Concert in the Park — Southern Vine Band — 5:30 to 8 pm 2/9 & 2/90 — Craft Club Show in the Park — 10 am to 3 pm 8 of 7$ Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January 23, 2019 Page Five Vice Mayor Kinchen announced the upcoming events and Mayor Hill recessed the City Council Meeting and convened the Stormwater Utility Fee Credit Policy Workshop at 7:01 p.m. 7. Recess City Council Meetinq and Convene Stormwater Utilitv Fee Credit Policv Workshop 18.048119.013 A. Review and Consider Recommended Chances to the Stormwater Utilitv Fee Credit Proqram (Transmittal, Proposed 0-19-02. Proposed R-19-03, Policv, Application) The City Manager said this is to ensure the credit policy was being administered fairly and equitable based upon data that is measurable to include up to a 90% credit if property does not drain into the system at all. He thanked the Community Development staff for their hard work on the revised policy. Mayor Hill asked if the 30 days should be changed to 45 or 90 on section 102-128(x)(3). The Community Development Director advised that staff would like to keep the 30 days which is consistent with other documents. The City Manager said in the same section, 102 should be 124. Council Member Dodd explained that the only way property owners may receive a credit is to make a change to their property that will reduce the amount of impact on City's maintenance of stormwater structures; or if there are physical features to the property that allows the City to take advantage of the fact that we don't have to provide the stormwater treatment; this is done during when the site plan or an application is submitted; a 90% reduction does require the 10% administration fee. He favored the revised procedure. Council Member Dodd noted the tax collector would require the whole amount during the appeal process instead of a good -faith estimate and the City Manager agreed that the language would be changed to collect the full amount and refund an overpayment if someone was successful with their appeal. It was the consensus of Council to move forward with the Stormwater Utility Fee Credit Program. Mayor Hill adjourned the workshop and reconvened as the Community Redevelopment Agency at 7:10 p.m. 8. Adiourn Stormwater Workshop and Reconvene as Communitv Redevelopment Aqencv A. Aooroval of Minutes i. Nov. 28, 2018 CRA Meeting ii. Dec. 12, 2018 CRA Workshop MOTION by Mr. McPartlan and SECOND by Vice Chairperson Kinchen to approve both sets of minutes passed with a unanimous vote of 5-0. C. N. Kirrie asked to speak on the stormwater credit policy and Chairman Hill asked him to return during the first reading of the ordinance. Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January 23, 2019 Page Six B. Septic to Sewer Proaram Grant i. Consider Changes to Grant Program (Transmittal, SSP Jan 2019) The City Manager said these changes took into consideration the two different quotes: $5,000 for a gravity system and $10,000 for a lift station; and a 75125 split along with a clarification of active septic systems. He asked the Board if they would like to move forward with the changes. MOTION by Mr. Dodd and SECOND by Mr. McPartlan to approve the program changes. ROLL_ CALL: Vice Chairperson Kinchen — aye Mr. Dodd — aye Mr. lovino — aye Mr. McPartlan — aye Chairman Hill — aye Motion carried. 5-0 9. Adiourn Communitv Redevelopment AAencv and Convene Citv Council Meetinq Mayor Hill recovened the City Council meeting at 7:15 p.m. 10. CONSENT AGENDA A. Approval of Minutes — January 9, 2019 Regular City Council Meeting 19.014 B . Authorize Mayor to Execute Sovereign Submerged Lands Lease Renewal for Yacht Club Ramp and Piers (Transmittal, Lease) 19.015 C. Authorize the Purchase of One (1) 2019 Ford Explorer 42 SUV from Bartow Ford Company in the Amount of $28,132.95 for the Leisure Services Director Under Charlotte County's Bid No. 2018000509 (Transmittal, Quote, Bid) 19.016 D. Approve Alcoholic Beverages at Yacht Club for Blanchette Event on February 2, 2019 from 12:00 pm to 4:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member lovino and SECOND by Vice Mayor Kinchen to approve consent agenda items A -D. ROLL CALL: Council Member Dodd - aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Motion carried. 5-0 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. 19.017 A. Parks and Recreation Advisory Committee (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Alternate Member Position — Term to Expire May 31, 2021 10 of 7& Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January23, 2019 Page Seven it was the consensus of Council to appoint Dante Renzi to the alternate member position on the Parks and Recreation Advisory Committee. 19.018 B. Natural Resources Board (Transmittal, Applications, R-12-26, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Regular Member Position Mayor Hill and Council Member Dodd nominated alternate member Ruth Callaghan to the regular member position with an additional term to the remaining five months (term to expire July 2022). Council Member Dodd nominated Gerald Rosebery to the alternate member position. There were no other nominations. Mr. Rosebery will serve as the alternate member until July 2021. 12. PUBLIC HEARINGS 18.160119.019 A. Second Readina and Public Hearing of Ordinance No. 0-18-10 — Amendinq Land Develooment Code Section 54-2-7.7 Reaardinq Walls and Fences (Transmittal. 0-18-10. P & Z Commission Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-7.7 REGARDING WALLS AND FENCES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 116119) The City Attorney read the title of Ordinance No. 0-18-10 and Mayor Hill opened the public hearing at 7:18 p.m. The City Manager said this was in response to the past number of applications received for 8 foot fences. He requested approval of the ordinance. There was no public input. Mayor Hill closed the public hearing. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve Ordinance No. 0-18-10. ROLL CALL: Council Member lovino — aye Mayor Hill — aye Council Member Dodd — aye Motion carried. 5-0 13. UNFINISHED BUSINESS 14. PUBLIC INPUT Council Member McPartlan — aye Vice Mayor Kinchen — aye Bob Stephen, People for Clean Water in Sebastian, provided a list of alternative methods to canal spraying noting there are some communities adopting some of the alternatives. He asked Council to direct staff to look into some alternatives. 11 of 79 Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January 23, 2019 Page Eight Dr. Graham Cox 1213 George Street, Pelican Island Audubon Society, invited everyone to the 2nd Annual Landscapes for a Sustainable Future Conference to be held at the Indian River County Fairgrounds. (See attached flyer) Dr. Cox also distributed a sheet of 60+ alternative methods to deal with aquatic weeds. (See attached) He asked everyone to consider alternatives to spraying chemicals which can be found in the handbook, Biology and Control of Aquatic Plants: A Best Management Practices Handbook by the Aquatic Ecosystem Restoration Foundation published 2014 distributed by Florida IFAS. He also distributed written commentary he provided to the Natural Resources Board in 2016 regarding this issue. (See attached) 15. NEW BUSINESS 18.048119.013 A. First Reading Ordinance No. 0-19-02 Stormwater Credit — Set Public Hearina for February 27. 2019 (Transmittal. 0-19-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 102, ARTICLE V OF THE CODE OF ORDINANCES, PROVIDING FOR CLARIFICATION, UTILITY FEE CREDITS AND ESTABLISHMENT OF FEES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title. The City Manager said this first reading of the ordinance incorporating the information presented at the workshop and asked if Council for direction. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to pass Ordinance No. 0-19-02 with the modifications discussed during the workshop. C. N. Kirrie said the thrust of this was to provide water that flows from the City to the lagoon to be as clean as possible and he designed his project years ago to provide total retention with a semi -pervious parking to be environmentally correct. He noted there is no definition for semi -pervious and he finds the 10% administration fee is unequitable as he contributes no drainage to the City. He also asked that the grant money be looked at. The Community Development Director advised that pervious vs. impervious is part of the process to gain credits. ROLL CALL: Council Member McPartlan — aye Mayor Hill - aye Vice Mayor Kinchen — aye Council Member Dodd - aye Council Member lovino - aye Motion carried 5-0. 18.002119.014 B. Citv of Sebastian Fire Marshal (Transmittal. March 14, 2018 Transmittal, 0-18-02, Inspection Loq) Previously moved to the beginning of the meeting. 12 of 7& Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January 23, 2019 Page Nine 19.015 C. Award Continuina Professional Airport Enaineerinq Services Contracts to Infrastructure Consulting & Engineerinq, American Infrastructure Development. Inc., Gale Associates, Inc., and Amherst Consultina for Three Years with Optional Two Year Extensions (Transmittal, RFQ, Bid Tab, Score Sheet, Agreement) The City Manager said as a result of the consulting engineer contracts expiring, the Airport Director has put out a request for qualifications and received four responses from companies with unique services. He requested approval of the contracts. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve contracts to Infrastructure Consulting & Engineering, American Infrastructure Development, Inc., Gale Associations, Inc. and Amherst Consulting. ROLL CALL: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McParilan — aye Motion carried 5-0. 16. CITY ATTORNEY MATTERS - None 17. CITY MANAGER MATTERS The City Manager reported that he put in the appropriation request for the septic to sewer to the Indian River Delegation and asked City Council to excuse him from the March 27 City Council meeting to lobby the legislators in Tallahassee. It was the consensus of Council to cancel the March 27 meeting and if an item comes up, Council would meet March 201h. 18. CITY CLERK MATTERS - None 19, CITY COUNCIL MATTERS A. Council Member McPartlan - None B. Mayor Hill reported that he, the City Manager, and City Attorney met with the Indian River Delegation who seemed very receptive to the City's septic to sewer plans. He said representation during the legislative session will be very important. C. Vice Mayor Kinchen - None D. Council Member Dodd - None E. Council Member lovino - None 20. Being no further business, Mayor Hill adjourned the Regular City Council Meeting at 7:38 P.M. Approved at the February 13, 2019 Regular City Council Meeting Mayor Jim Hill ATTEST: Jeanette Williams, MMC — City Clerk 13 of 7& cm Of SET!AN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: February 13, 2019 AGENDA ITEM TITLE: Prior Authorization for Council Travel to Florida League of Cities Advanced IEMO —April 12-13, 2019, Tampa RECOMMENDATION: Authorize any interested Council Member to attend Florida League of Cities Advanced ISMO in accordance with City Code Section 2.35 which requires prior authorization for reimbursement of travel costs beyond 75 miles. BACKGROUND: The Florida League of Cities offers advanced training for elected officials once a year. This authorization will allow us to begin registrations as necessary. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: Registration $265 per person, three night hotel $405 per person, meal and mileage $280.36 per person. Amount Budgeted in Current FY: Travel Balance: $26,000 - $1,500.00 monthly expense for rest of the year leaves $8,000 Training Balance: $2,925 ATTACHMENTS: Curriculum, Info Administrative Services Department Review: ' 1 y cff7' City Clerk Authorization: Date: 2--7- i q 14 of 78 Advanced ISMO Curriculum The curriculum is divided into four instructional modules, taught in the following schedule: Day One Part II of Effective Council Techniques: Decision -Making Models and Media Relations: 3 -hour class includes: group decision-making models and best practices for consensus -building; second half of class is role-playing with different media situations and discussions related to N, radio and one-on-one interviews as elected officials; closes with best practices for message delivery. Growth Management in Florida: 4 -hour class includes: history of land -use planning and Florida's growth management laws over past 100 years; current law and review process by state; concurrency requirements; 20 -year comprehensive land -use plans and their adoption and amendment cycles; discussion of planning issues for cities. Lunch activity: One hour discussion on advocacy and lobbying with FLC officers and board members. Dav Two Advanced Revenue and Finances for Cities: 3.5 hour class includes: trends and issues with the municipal property tax; overall discussion of municipal taxation limits; use oftax-increment financing, assessments and other fees; creative funding uses for large projects and infrastructure and best practices for financing the same; discussion of revenue structures overall and what is trending in Florida; resources to learn more about FL fiscal capacity and state financing issues. Building Your City's Team: Personnel and Labor Issues: 3 -hour course includes: city hiring practices and tips; labor roles within a city if unions exist, and what specifically the council may/may not do; labor relations within Florida and what U.S. laws apply; review of best practices in labor negotiations; class closes with an open -question forum related to city staff, best practices in elected -staff relationships. Lunch activity: One-hour continuation of advocacy program with FLC lobbying staff 15 of 78 Sign In Cart Keyword Search oQ EpGtt E pF t QON" - o a i HRA FLORIDA LEAGUE OF CITIES, INC. `a n I :s IEMO Advanced Sign in to register The Aprii 2019 Advanced Institute for Elected Municipal Officials will be held April 12-13, 2019 at the Username -- -- Holiday Inn Tampa Westshore in Tampa, Florida. -- -- council techniques, media relations, planning and growth management, advanced revenue and finances, Password The Florida League of Cities isroud to bring p g you the Advanced institute for Elected Municipal Officials --- -- __ � 1 program on April 12-13, 2019 at the Holiday Inn Tampa Westshore, 700 N. Westshore Blvd, Tampa, FL El Keep me 33609. This educational program is specially designed for graduates of ISMO. c (J signed in Who should attend Advanced ISMO: Sign In Created more than 25 years ago, the intensive two-day program features classes and workshops Forgot username? focusing on the numerous aspects of municipal government. Session topics include effective Foroot password? council techniques, media relations, planning and growth management, advanced revenue and finances, and personnel and labor issues. The Advanced IEMO registration fee includes all classes, light continental breakfasts, refreshment breaks and lunch on Friday and Saturday. This course is offered once per Need help logging in? year. Click here A certificate of attendance is provided upon successful completion of the program. Hotel Information: Important note concerning registration Click on the following link to make the hotel reservations. $135.00+/night: confirmations: hitos:llwww.holidavinn.com/redirect?oath=hd-hotel- oackaoes&brandCode=Hl&IocaleCode=en®ionCode=1&hotelCode=TPACP& PMID=99801505&GPC=IE4&viewfu.islygikfmd the email address of the registrant(s) in order to send Cancellations: confirmations. Please provide the email address of the Cancellationsltransfer requests must be received and confirmed in writing by 5:00 pm on Friday, March 29 attendee(s) using the badge to be eligible for a refund. A $25.00 processing fee will be applied to all cancellations and/or transfers. information link located directly Transfers must take place within the fiscal year. Substitutions are accepted and encouraged. Refunds will below the registration button. be processed after the program. We reserve the right to cancel the Advanced [EMO training. If the training is cancelled, the registration fee will be refunded in full. A certificate of attendance is provided if you are not the attendee, you upon successful completion of the program. will have the option to send yourself copies of the email confirmations) after submitting the registration(s), at the end of When, 4/1212019 8:00 AM - 4/13/2019 4:00 PM this sign-up process. Where Holiday Inn Tampa Westshore 700 N. Westshore Blvd. Tampa, FL 33609 Note: If there are additional registration options for this event, they will be shown below. To add an additional option, click the blue Add button to the left of the item(s). If there are no additional options available for this event, or additional options are available and you have successfully added the appropriate ones to the 16 of 78 CHIT SEE3AST_V HOME OF PELICAN ISLAND COUNCIL MEETING DATE: AGENDA ITEM TITLE: RECOMMENDATION BACKGROUND: ATTACHMENTS: City Manager AA thh rization for Agenda Date: CITY COUNCIL AGENDA TRANSMITTAL February 13, 2019 Board & Committee Members Social Media Policy Consider and approve recommended policy City Administration instituted an employee social media policy in 2015 to include board and committee members. The attached board member policy separates the volunteer board members from employee expectations; and will serve as a reminder not to discuss any matters that may foreseeably come before members in the future. If approved, each member will receive a copy to review, sign and return to City Hall. Employee Policy Board/Committee Member Policy 17 of 78 r it n 1N �+ Document ID Title Print Date Social Media.Facebook April 1, 2015 Revision Prepared By Date Prepared April 1, 2015 Cynthia Watson, April 1, 2015 Human Resources Manager Effective Date Reviewed By �j _ Date Review�°,d April 1, 2015 Sally Maio, City Clerk , S�' W -1S Approved By < Date Approved Joe Griffin, City Manager r2/il ism OBJECTIVE: This policy, and its provisions, apply to and serve as a guide to all City employees, departments, and contracted entities that distribute information to the City while engaging in any Social Media activities implied or directed. This Policy also provides that such applications and platforms are not traditional open public forum for expression, and will be regulated to insure compliance with Florida's Public Records Act (Chapter 119, Florida Statutes), and the appropriateness of content. The City disclaims liability for content that is posted and with regard to communications by personnel not acting in the course of their public duties with authorization. AUTHORITY: City Manager, City Attorney & City Clerk POLICY: The City of Sebastian shall allow Facebook sites under strict guidelines and oversight. Each other type of social media will have a separate set of approved guidelines when need is determined. DEFINITIONS: Social Media are various forms of user -created content tools such as social networks, blogs, video sharing, pod casts, wikis, message boards and online forums. Technologies include, but are not limited to: picture and video sharing, wall postings, e-mail, instant messaging, and music sharing. Examples of social media applications include, but are not limited to: Google and Yahoo Groups; Wikipedia; Facebook and MySpace; YouTube; Flickr; Twitter and Linkedln. Social Network Services are external Web sites or services on non -city servers. Most social network services provide a variety of ways for users to interact, such as e-mail and instant messaging services. Examples of current social network services are MySpace, Facebook, Twitter and Linkedln. 18 of 78 External Web applications are Web functions that are hosted on a Web server off the City's network. For example, the City's Code is provided by a non -City Web site. These applications can be embedded into a City Web page or linked from a City Web page. This policy focuses on those applications that are provided for free. Current examples of these applications are Google Maps, YouTube, and Flicker. Social Media Account shall mean any registration, login credential, toll, forum, website or network that is created or maintained by a City Department for the purpose or establishing or perpetuating a Social Media presence. Authorized User shall mean any employee, or any person acting on their behalf, which has by authorized by their Department Head and approved by AV to establish, create, edit and/or maintain any Social Media Account. Post shall mean any email, message, picture, graphic, image, advertisement, notification, feed, stream, transmission, broadcast, podcast, video, instant message, text message, blog, microblog, status update, wall post, comment, and any and all other forms, means or attempts at collaboration and communication that is uploaded, posted to or otherwise displayed on or transmitted by, any Social Media Account. GUIDELINES: Before Establishina a Facebook Account: Contact AV to discuss objectives and desired outcomes for utilizing Social Media and to help determine its effectiveness in reaching the communication objectives. Any social media site used for City business must be approved by the City Manager, City Attorney and City Clerk/AV Division via coordination with MIS. Obtain formal approval from those set out above, which shall specify all Authorized Users for the project, from the applicable Department Director prior to establishing a Facebook Account. Obtain a completed User Agreement Form for each Authorized User and store that agreement in the employees personnel file in HR with copy to AV. Establish the Facebook Account via AV using a City of Sebastian e-mail address created by MIS. FA 19 of 78 When establishing a Facebook Account and durina the maintenance of the Facebook Account: Include an introductory statement that clearly specifies the purpose and topical scope of the Facebook presence. When possible, Facebook Accounts shall link back to the City's web page for the purpose of downloading any forms, documents and other information. Make available to AV all content such as text, images and video placed on the Social Media Accounts for possible placement on www.citvofsebastian.orq. AV will review all applications and social media sites on a yearly basis to ensure they are updated and, for social media sites, that information is being posted on a regular basis. Conspicuously post the City's Social Media Terms of Use. The Terms of Use shall clearly indicate that any Post is subject to public records disclosure. AV may disable functions on the site or applications that are not needed or desired in the sole discretion of the City. No rights are created in any third party with respect to how the City may utilize the applications and features on social media or web application sites, and the decisions on which features to maintain or disable will be in the sole discretion of the City. Similarly, the decision on whether to allow posting or responses by third parties and the deletion of any such responses or postings shall be in the sole discretion of the City and outside parties do not have any authority or right to control content or the length of time content may be posted. AV may delegate the responsibility of reviewing content to offices or departments. When a site is maintained by an office or department, information posted on the site will be reviewed prior to being released, in accordance with the department's or office's normal review process. All information posted by the City on external sites is subject to the Florida Public Records Act and the Sunshine law. Authorized Users for the site shall maintain an archive of all information posted to the site, in the event it cannot be retrieved from the actual site. City elected officials and members of all subsidiary boards, agencies and committees of the City of Sebastian shall not engage in on-line discussions concerning matters which may foreseeably come before them for City Commission or other Board or Committee action. All members of collegial bodies, agencies and committees of the City of Sebastian, including the City Council, the Planning and Zoning Commission, and other committees and agencies of the City, are subject to the Public Records Act and the Sunshine law. Members of such committees are encouraged to consult with the City Manager and the City Attorney if they have any questions concerning appropriate compliance with these laws. The Attorney General in AGO 2009-99 (dated April 23, 2009) opined that these types of websites and social media are subject to the Sunshine law as well as to the Public Records Act. Accordingly, elected officials and members of all advisory, 3 20 of 78 r 11 elected and appointed boards, authorities and commissions of the City of Sebastian are encouraged to refrain from making any comment on a social media or external Internet facility on the web related to a matter of public business that may be pending before the collegial body of which the person is a member or any matter that may reasonably be understood to potentially come up before such body or authority in the future, because of the substantial risk that other members of the same collegial body or authority may be online and may inadvertently respond to such communication, thereby establishing a "meeting" outside of the requirements of the Sunshine law, Use of Social Media Sites The City also reserves the right to turn off the ability of third parties to post or comment, in its discretion. The City's intent is not to create a public forum, but to maintain a moderated online discussion directly relating to topics posted by the City, with language that is appropriate for citizens, (including minors), to read, consistent with the following criteria. Social network sites shall be used to promote the City, City services, job opportunities and City events. City use of Facebook sites will comply with all provisions of Florida law, resolutions and ordinances of the City of Sebastian and procedures issued by the City Manager. Without limitation, these laws and policies will include Chapter 119 (the Florida Public Records Act) and procedures, and laws governing the appropriate use of the Internet. All Facebook sites shall clearly indicate that they are maintained by the City of Sebastian and shall have City of Sebastian contact information available on the site. No City employee personal e-mail addresses should be posted on these sites. Social networking and other web facilities that may be established pursuant to this policy will not be appropriate places where a person may request public records pursuant to Chapter 119. Social network and website applications pursuant to this policy will not be monitored for Chapter 119 requests but instead will only be monitored for appropriate content. The City staff responsible for implementation of this Policy and for providing services on behalf of the City with respect to social network and website applications implemented pursuant to this policy, are not custodians of public records. Any person communicating by means of a social networking or other web facility is not in communication with a custodian of public records. Requests for public records should be directed to the City Clerk's office. 4 21 of 78 Any published content is persistent in the public domain. When speaking on behalf of the City of Sebastian, it should be assumed that all communications are in the public domain and available for publishing and discussion in all forms of media. All employees shall understand the perception of their association with the City of Sebastian as it relates f to online Social Networks. If an employee identities him/herself as a City employee or has a public - facing position for which his/her association with the City is known to the general public, the employee shall ensure his/her profile and related content (even if it is personal and not of an official nature) is consistent with how he/she wishes to present him/herself as a City of Sebastian professional, appropriate with the public trust expected of his/her position and conforming to the existing standards that already exist in City Policies. The employee should have no expectation of privacy once he/she has introduced him/herself publicly. Ensure all content posted by Authorized Users to City Social Networking Accounts represents the City's point of view and not those of individual employees. AV shall serve as a resource to this end. Exercise caution while interacting with any External Entity, both known and unknown to the user, and be cautious of the information the Entity may provide or post. External information shall not be utilized, commented on or re -posted unless the information has been verified or corroborated as true and accurate by independent and/or reputable resources. Remain focused on the City's mission, values and customer service. Do not allow Social Media to interfere with primary job responsibilities unless such use is a primary duty or an essential job function. Respect copyright, fair use and financial disclosure laws. Always protect sensitive and personally identifiable information. Do not publish or report on conversations that are intended to be pre -decisional or internal to the City unless management has authorized the release of such information. To the fullest extent possible, the City Clerk and other personnel responsible for development and maintenance of the Records Retention Schedule of the City of Sebastian will develop categories of record retention that will permit the disposal of transitory electronic communications received from third parties on such social media and external website facilities that are subject to this Policy on the shortest time frame reasonably allowable. Official materials posted by the City of Sebastian or authorized personnel will be scheduled for disposal on the records retention schedule in accordance with the content of such items. Officials and employees of the City are reminded that the use of personal computers and other electronic communication devices such as PDA's, Blackberries and other similar devices for communication or posting of matters related to public business of the City of Sebastian may subject such devices to inspection pursuant to a Chapter 119 request for public records (although to the k". 22 of 78 101 extent lawfully permitted under then applicable law, including case law interpreting Chapter 119, personal communications and personal information are not subject to Chapter 119). On each social media and external Internet site established by the City, the City shall cause a notice to be published that informs third parties that any posting or information submitted by the third party will be a public record subject to Chapter 119, Florida Statutes, and advising third parties that the City reserves the right to suspend posting of information by outside parties and to remove inappropriate material that is deemed inappropriate because it is in violation of a standard set out in this policy. TERMS OF USE: IMPORTANT: The City of Sebastian's Facebook pages are intended to be used for informational purposes only. If you wish to contact City Council, City Administration or to request City services, please visit the City's official website: www.citvofsebastian.orci or call City Hall at 772-589-5330. Anyone posting comments contrary to the Terms of Use policy may be prohibited from future participation, The City of Sebastian reserves the right to update these Terms of Use. By participating on these pages, users agree to send and receive messages that are both proper and related to the posting, discussion, or forum topic. The following actions are unacceptable practices: Defaming, harassing, threatening, or otherwise violating the legal rights of others, including their privacy (see below); Misrepresenting one's person, background or character; Posting any defamatory, infringing, obscene false, or unlawful material; Selling advertising, or exchanging any goods or services unless expressly allowed; Posting any copyrighted material owned by a third party. In addition to the above, you agree to use any Official Site of the City of Sebastian, Florida forum at your own risk. While championing proper use of such forums, the City of Sebastian cannot guarantee violations of the above code will not occur. Under Florida law, this is a public record. If you do not want your name or posting released in response to a public records request, do not post this page. External Web Aoolications AV will review an external Web application based on its purpose, audience and need. AV will set up an administrative account with a City email address. N 23 of 78 rte• .r: r. '' l�o`ad Social Media/Facebook Policy 1,(Employee Name) have read this policy and agree to comply with all its terms and conditions. I agree that all Social Media/Facebook sites entered and created while conducting City business and being conducted with City resources is the property of the City of Sebastian. The City reserves the right to monitor and log all network activity including with or without notice and therefore users should have not expectation of privacy in the use of these resources. I have received a written copy of the City of Sebastian's Social Media/Facebook Policy. I fully understand the terms of this policy and agree to abide by them. Accepted and Executed this day of apr Employee Name (Print) Signature Date 24 of 78 MOF HOME OF PELICAN ISLAND CITY OF SEBASTIAN BOARD AND COMMITTEE MEMBER SOCIAL MEDIA POLICY This policy and its provisions apply to and serve as a guide to all City board and committee members that distribute information regarding City business on any social media platforms. Board and committee members are hereby referred to as members for the remainder of this policy. Social media are various forms of user -created content tools such as social networks, blogs, video sharing, pod casts, wikis, message boards and online forums. Technologies include, but are not limited to: picture and video sharing, wall postings, e-mail, instant messaging, and music sharing. Examples of social media applications include, but are not limited to: Google and Yahoo Groups; Wikipedia; Facebook and MySpace; YouTube; Flickr; Twitter and LindedIn. All members are subject to the Sunshine Law and shall not engage in on-line discussions concerning matters which may foreseeable come before them for action. The Attorney General in AGO 2009-19 (dated April 23, 2009) opined that websites and social media are subject to the Sunshine Law as well as the Public Records Act. Accordingly, members are encouraged to refrain from making any comment on social media or external internet sites related to a matter of public business that may be pending before the board or may reasonably be understood to potentially come up in the future because of the substantial risk that other members of the same body or authority may be online and may inadvertently respond to such communication, thereby establishing a "meeting" outside of the requirements of the Sunshine Law. All members shall understand the perception of their association with the City as it relates to online social networks. If a member identifies him/herself as a member or has a public -facing position for which his/her association with the City is known to the general public, the member shall ensure his/her profile and related content (even if it is personal and not of an official nature) is consistent with how he/she wishes to present him/herself as a City of Sebastian professional, appropriate with the public trust expected of his/her position. Members should remain focused on the City's mission, values and customer service. Do not publish or report on conversations that are intended to be pre -decisional or internal to the City unless management has authorized the release of such information. Page 1 of 2 25 of 78 A violation of the Sunshine Law is a misdemeanor of the second degree, 60 days in jail and/or up to $500 fine for each violation. An unintentional violation may be prosecuted as a noncriminal infraction resulting in a civil penalty up to $500. If you have any questions regarding this policy, you are encouraged to contact the City Manager or City Attorney. I, understand the terms of this policy and agree to abide by them. Signature Date Page 2 of 2 26 of 78 'NY Of SES TSV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: February 13th, 2019 AGENDA ITEM TITLE: Special Event Approval RECOMMENDATION: Staff Recommends Approval of the 2019 Pelican Island Wildlife Festival in Riverview Park BACKGROUND: Staff met with representatives from the Pelican Island Preservation Society to discuss logistics for the 2019 Pelican Island Wildlife Festival. The event is Saturday March 9th, 2019 from 10 AM to 4 PM. The attached letter outlines the logistics for the event. Road closures necessary are: Indian River Drive from Coolidge St. south to the southern overflow parking entrance, Harrison St. from the Splash Pad entrance east to Indian River Dr. and Sebastian Blvd. from U.S.1 east to Indian River Dr. from 6 AM to 6 PM on March 9th, 2019. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA/j Administrative Services Department/CFO Review:-,Ic�-� l C'5�� ATTACHMENTS: City M a r Autho '`tion: Date: Letter from Pelican Island Preservation Society 27 of 78 Pelican Island PRESERVATION SOCIETY P.O. Box 781903 Sebastian, Florida 32978-1903 To: City Council, City of Sebastian From: Pelican Island Preservation Society Re.: 2019 Pelican Island Wildlife Festival The Pelican Island Preservation Society proposes to hold our 27`" Annual Pelican Island Wildlife Festival at Riverview Park in Sebastian, on Saturday, March 9, 2019, from loam to 4pm. The event celebrates the establishment of Pelican Island as the nation's first national wildlife refuge. It consists of environmental themed exhibitors, historical, and live wildlife displays, boat tours to Pelican Island, children's activities, food vendors, photo contest, and presentations at the center of the park throughout the day. The emcee for the event will once again be Joe Wiegand in the guise as President Theodore Roosevelt. We are requesting the use of Riverview Park and the following assistance from the City of Sebastian in making this year's event another success. Sincerely, Tim Glover, President Pelican Island Preservation Society FESTIVAL SITE 1) Exclusive use of Riverview Park from 6am until 6pm on Saturday, March 9, 2019; 2) Access to Riverview Park for vendor set-up on Friday, March 8 and tear -down by no later than Monday, March 11; 3) Temporary restroom facilities, restroom services and supplies; 4) Approval of food vendors without trucks in park; a) Food vendors with trucks will be located along the closed portion of Sebastian Blvd. 5) Electricity to be turned on at the park on Friday, March 8; 6) Provide trash removal from park receptacles; 7) Provide carts to assist exhibitors with loading and unloading; 8) Bleachers set up on the north, west, and south sides of the concrete pad at the center of the park, where the pelican fountain is located; PARKING 9) Exclusive use of western three-quarters of the Cavcorp parking lot for exhibitor parking (see map); 10) Barricading or marking off of Cavcorp and south parking lots as required (see map); 11) Placement of traffic cones and/or tape to mark off parking spots in Cavcorp lot; 12) Access to parking area on Sebastian Blvd. and concrete pad on Harrison St. for placement of festival storage containers, to be delivered Friday, March 8 and removed Monday, March 11; Pelican Island — the Nation 's f rst National GVildlife Refuge Established March 14, 1903 28 of 78 13) Restrict parking along south side of park/Harrison St. from parking lot entrance to Indian River Dr. for walkway from parking lot to the park, 6am to 6pm; CLOSURES 14) Closure of Sebastian Blvd, from the eastern end of the Speedway property, to easternmost parking lot exit from 6am to 6pm on March 9, 2019; 15) Indian River Dr. from Coolidge St. south to the southern overflow parking entrance from 6am to 6pm on March 9, 2019; 16) Closure of Harrison St. from Splash Pad entrance east to Indian River Dr. from 6am to 6pm on March 9, 2019; 17) Closure of one-half of Yacht Club boat ramp for l0am to 3pm for boat tours; LAW ENFORCEMENT 18) Assistance with traffic control on Saturday, March 9, 2019 from 6am to 6pm; 19) Assistance with enforcement of the restriction of dogs and other domestic pets from the section of park where live wildlife will be on display; a) PIPS will provide volunteers and signage for this area to assist with enforcement; 20) Sebastian Police Department to provide security the evening of March 8, all day and overnight on March 9 and patrol area on March 10 until tents are taken down; SIGNAGE 21) Approval of event banner (provided by PIPS) to be hung across Sebastian Blvd. in the vicinity of the Cavcorp parking lot, two weeks prior to event; 22) Event listed on Riverview Park marquee one week prior to event. 29 of 78 E = Exhibitor Check. -in: B = barrier, S = shed. V = wildlife van; F = fish tank truck; P = porta-potty Coolidge St All Vendors: After unloading, please move your vehicle to the south parking lot. The City of Sebastian requires all vendors' vehicles to have their booth number displayed on the dashboard. CR 512 /Sebastian Blvd Food Vendors: Take US -1 to Coolidge St., go south across the north parking lot, through barrier, & set up in c parking spaces on the north edge of the park (Sebastian Blvd.) with serving window facing park. If not serving from a vehicle or trailer, please use the non-food vendor unloading/ loading zone on Harrison St. W Non -Food Vendors: The ° 0 unloading/loading zone is 00 on the south side of the park on Harrison St. Ten carts will be available, so please remember to share. North (Cavcorp) Parking Lot m m o Speedway event parking 0 F V Food Vendors w/ wheels S 3 CL v� Z D 0 CITY of SEBAsT_" lzzw HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: February 13th, 2019 AGENDA ITEM TITLE: Craft Club of Sebastian 2019/2020 Show Dates RECOMMENDATION: Approve 2019/2020 dates for Craft Club of Sebastian shows at Riverview Park. Requested show dates are from 10 AM to 3 PM. The Craft Club agrees to be respectful of any planned Veterans Memorial events that are scheduled for the same day. Rain dates are on the Sunday following the scheduled shows. October 12th, 2019 November 91h, 2019 December 14th & 15'h, 2019 (Two Day Show) January 11th, 2020 February 151h & 16th, 2020 (Two Day Show) March 14th, 2020 April 11 `h, 2020 May 91h, 2020 IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review:1 -I l ? ATTACHMENTS: 1. Letter of Request from Craft Club of Sebastian 2. Park Use Permit Application 3. List of Dates Requested 4. Certificate of Liability Insurance (Will submit new certificate when renewed in May 2019. City Manager Auth/oriz tion: � Date: -, / 1� f 31 of 78 Craft Club of Sebastian, enc Marie L Ferraro, President 6279 N Mirror Lake Dr Sebastian, Florida 32958 ecs.inarie.ferraro@gmail.com www.sebastiancrafWub.ccm January 23, 2019 To: Brian Benton Leisure Services Director Main St Sebastian, FI RE: Park Usage Application Dear Brian Please accept the paperwork for the use of Riverview Park for the Craft Club of Sebastian: Season 2019-2020. We continue to be grateful to have the park available to us so that our Mission/Purpose Statements can be fulfilled. Our club continues to use the proceeds of our events to donate to local charities. Respectfully s`u itted Marie E. Ferra President Enclosure: Park Use Permit Park Schematic Vendor list Insurance Certificate (coverage to April 30, 2019) Cart Acknowledgement INSURANCE CERTIFICATE: A new certificate will be forwarded upon renewal in May 2019. 32 of 78 SEBAST HC' Vlf Of PELICAN ISLAND CITY OF SEBASTIAN 2019 PARK USE PERMIT APPLICATION 1225 Main Strret, Sebaslian, FL 12958 Parks Phone: 1777) 228-7054 Fax, (772) 388.8248 "For emergency purposes ONLY piease dial 772.473.0454 Date: 1 )' 3 . 17] Please check appropriate box: Pavilion Rental Only ' SHIG -,t�rkirity DF•pr-w - $5D Rcnt plus 6.7% tax - 553.35 Park Event (75 to 300 anticipated attendees) ` X100 Ueposie SJW, i!nj o.ui% G_-1':% tcix - $106 70 LLL Special Event (301 or more anticipated attendees) City Council Approval $200 Security Duposa - 5200 rent plus 6.7% tax - 57. € 3 40 •Alcohotir Beverage Request for any event requires City Council Approval Name of Permittee (permits Ly only be issued to an adult) t v;I `rt TA 1A%Q Physical Address T! City State Facility (Park or Pavilion) Requested Requested Date(s) 5 x') �� Zip Phone Time From - To Name of Organization (if applicable) Maiting Address if Different iI l•1'_.7 7 i�7-rte+Ir...�rr}, E -Mail Iry fl,S�, ,C c`wt Anticipated Number of Attendees Rain Date (if applicable) Will there be any sale of goods-, Yes ✓ No _ (If yes, please describe typo of goods on back) Will there bta foori or ether vendors Yes Nu _ _ _ ;If yes, list narno, address cif each on tack with description and (1cL1x� 1�'E-f r''tr schematic of structures (tent~ etc:.} to he e;r•ected or nihefwise assembled on back. (May require Health Dept or IRC Fire Dept perniit) I. Ma Irk � Cr C. no _, the undersigned. acknowledge that I ani the applicant or authorized agent of the above referenced organization I ars rtware of the provisions of the City of Sebastian Cortes in respect to this application and use of City faciiit:r�s for whictt I tiavt; applic-A for a permit for a nark Event or Special Event. I have been provided with the ge;nerr7l rules pre,rrlhed by the, City and agrtl��_(:rte/too\ the toms she: CL Signature of Applican 33 of 78 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor Information andlor Srhematics on this page NAME; NAME" ADDRESS SCHEMATIC: i RECREATIONAL. FACILITY CLASSIFICATION Airport Park Park Area Schumann Park Park Area Blossom Park Park Area East Street Park Park Area Filbert Street Park Park Area Friendship Park Park Area Garden Club Park Park Area George Street Park Park Area Hardee Park Park Area TYPE -- PERMIT REQUIRED Park Event Only i Park Event Only i Park Event ONy Park Event Only i Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only 34 of 78 0 SEBAsTLNN " R ft A -a HOME OF PELICAN ISLAND I eisure Services Department 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 IELEHHONE (772) 228-7057 FAX (772) 388-8248 l � rei(fw q -o , acknowledge receipt of 0 Carts, delivered by the City e of Sebastian Leisure Services Department on this day of 2019. 1 understand 1 am responsible for these Carts, until they are returned to Leisure Services at the end of the Event. In the event that any carts are missing and/or damaged I agree that I am responsible for the cost to repair or replace the cart(s). I further acknowledge that if any of the breakers are tripped due to power overload, exceeding 20 AMP's, and Staff has to be called for this, I will be responsible for the employee cost for the actual time needed to complete the repair. This fee will be a minimum of $50.00 to cover the cost of the ployee calla it. r Signature Printed Name Org ization/GrouoName I of Carts, returned from , 2019. with the Leisure Services Department acknowledge receipt on this day of City Staff Signature Printed Name hU ,ri Y A -Q L.e 1Jez e c e,1��t rl. - -� n � V-1 `J Leisure Services Employee who delivered Carts: Phone Number 'For urgent questions or ernergencies, please contact Merbert Milon: 772.473.0454. 35 of 78 CRAFT CLUB OF SEBASTIAN Marie Ferraro, President 315.278.6437 Email; ccs.marie.ferraro@gmail.com DATES FOR 2019-2020 SEASON Shows are on Saturday Rain Dates on Sunday Start: 10 am- 3pm October 12, 2019 November 9, 2019 December 14 & 15 2019 *Two day show January 11, 2020 February 15, & 16 2020 March 14, 2020 April 11, 2020 May 9, 2020 c��� 37 of 78 7 76 I DATE tM101404YYYYI AC_ -ORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GERTIF{GATE HOLDER• THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER - IMPORTANT: If tho rortiliCate holder IS an ADDITIONAL INSURED, tho policy(ios) UtuSt have ADDITIONAL INSURED provisions Orbe endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the POHCY, Cortain policies may require an endorsement. A statomont on this Cortilicate docs not confor rights to tale cerdlicate holder in lieu of such ondorsomonl(s). PRODUCER Wnit,lt Curnmcrci,Il Scnmr NAME: :ifh;Ula•sIN1:\sx1KI.HCsFetan�i,tlti�;su•r+ii IIAiCIta.E.11:Il�c.itok `cud-v1U.y6i1 � 11141 IAnnREonRESs; ii:r:sa:r:;har.ce+'_1 I INSURER(Si AFFORDINCG COVERAGE MAIC 4 ura111: ' I; Fi. 12414.5 I04SURER A . %(W-I1TERU-0WNI:RS TVS CO I0TI _ _ _ _ INSURED TIISURER Q Cfaol CW11 111 SclleSl X1 Inc I INSURER C P0 Bo% -ON0I ! , INSURER U INSURER C:- 1Cha+haft PI.='17•'i•U!1' JINSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13EL4h' e4AVE BEEN ISSUED TO THE INSURED "RED ABOVE FOR THE POLICY PERIOD tNOICA-" iD NOTv'11THSTANDING ANY RFOLPREMENT. TERM OR CCNDITION OF A11Y CCNTRACTOR OTHER DOCUMENT :.ZTH RES PC -CT TO V'MICH THIS CFR i IFI�'ATE MAY Of; ISSQ1-G OP. MAY PERTAIN• THE INSURANCE: +.F=ORDED 8Y THE: PCUClES OESCRtilE-D HEREIN IS SU83ECT TO ALL THE TERMS, wiXCLJSION S AND CCNDITtOPIF CF; SUCH POLICIES L!'.11TS 5:10%N'.F MAY HAVE BFEN REDUCED BY PAID CLAWS UUUbMINSN - -- I YUI,IGY qf• 1•ULI..Y tAY LIMITS LTR TYPOF INSURANCE . P- pUCY NUIdBER XiC01MMFAL GLNERAL UAUUTY EACH GrCURRENCE 5 1.011O.Dof) I ,.:.+aS-,•:.;:- XI + IFgEVt5=5fEar»'.ur•,erruf ncr„ cc. Sf?.a�0 u: rvc 'ti S ' 1 1.+E7 =XP :arr1 es.r Peri:nl 3 A i 1 ?'It�i\" I1kF 04 Ill. R.: _�!'_[1i9 P,-�'iINJCRY ! i.U(NL!>t'N1 340LAGaREU--LOSOA:'ir..i"can_u i �CEr:ER:.LA.uGPSGAT'e 5 y.E111U,ap1) DYR:, 010::I I>'RCGUvTS-C;JrfPfOPAC� ? I,lP1U,UUf1 1Z,PULO..Y t aTr.En E A - - - i UTOU043ILE LIADIUTY i - - --- - L:L:63C:: +,IIIc L,Sn- :, (FAsxiaenet AN, A.' r,J i WC,:v INJI.Ry IPer Pelson) t fi4W:Ei SLY_-C;L'LE: 130QILY tNJLRY Iper ecnawill 3 ..-t N1RED AL+TDSOr.�,Y Ii(-IH-r-,lNTIE:� .:J1LSC1r:Lr �I+V r'7:IYIT Ln'.l•ilat S I(retwidwis s vmaRELLA UAQ n^CUR - --- - --- -- -- - -- EACH OCCURRENCE S EXCESS LIAQ H,-1u>is uaD� , 5 � D[:CI ljI rT;:7Ft+lllirt: I I.:ccsREwTr WORK9AS OmIsENSAT10N ---- - I$ STATLRc I II IER AND EMPLOYERS' UAUILITY y I It E EACH aCC'�CEr17 S r.r:r VACORIETORWARTf:ERIEr,ECUTIvC "FFrCi'.Nrr1EMSEREXCL,JOfD' 1:1(alA v -- — I E L L-'SEASE - EA EMPLOYS"r S Ilsandstory in 1#N} I It:is ces. ',,o :nAw UESCaIP':GtiG: GPEr;A-.ra:y ❑e•o.. E L CISEaSE - PO! I(1Y LIMIT i - DE5C%FTIOr1 OF OPERATIONS I LOCATIONS ! VEHiCLE5 (AGOPD 161, Aa,ilhanai Ramarl,s Schedule, play be 111athed It more apse Is mpOredl CERTIFICATE HOLDER CANCELLATION SHOULD ANY Oh THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN Foo PUgNx ICI 11111$ ACCORDANCE WITH THE POLICY PROVISIONS. AUTRORIIf.O REPRESENTATIVE MtFrdy i-Ic(le'l I n 1988-2015 ACORO CORPORATION. All rights rosorved. ACORD 25 (20167D3) The ACORD name and loco are rogistored marks Of ACORD 159 of 197 38 of 78 .rrLN SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: February 13, 2019 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Gunkel Baby Shower at the Yacht Club. BACKGROUND: Grace Gunkel is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, March 30, 2019 from 1:00PM to 05:OOPM. Staff has verified Applicant's date of birth. They are expecting 30 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: /� � J ATTACHMENTS: City Manager Authorization: Date: �9 1. Facility Rental Pert -nit Application 2. Receipt(s) 39 of 78 CITY OF SEBASTIAN FACILITY ,)nia RRnITAI DRR11111T ADDI Ir'ATIM] n F Office Use Only: $250 Security Pd: -.7- Date Initials ` Rental Fee HOME OF PELICAN ISLAND 6.7% Tax 1225 Main Street Total Rental Pd: Sebastian, FL 32958 nate initials Parks Phone: (772) 218-7054 FAX: (772) 388-8248 `For emergency purposes ONLY, please dial 772.473.o4s4 City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (if applicable) Initials t1i`�trw�ar�e+a• l�n,r��r�r V„�h� r'`ItI� " ✓GtLG• I �(/�/\�\{(-ace V VtttttMtf//t//t/t.�\� YVlt/''t��VV■/r//� �� t MVtL VtMN Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 5 a -A( a ci rk Ail P �\e �ityoi�.ai r�uuir;aa iviaiiiny nuutcaa iii uiiictcttij 5 �(.?- ! 2 q v9 z City State Phone E -Mail 3 C%\6Ck\ S��t-v-\r Rcazvtt tvi RctiLai — 7 ypu VI ru Ut.Llvit 91b - 3c�attcenRels','p-ol Anticipated Number of Attendees (if more than T5 ice services are required by R-10-15) NIa\rc" -_�C ; � n RCIIUCDicti DaiG Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age oo p—\ ifiiitt. riviii il�'� C) 431 Date of Birth _�I ()v p� u 4:� ii r--W f / /} (---Luf\��f%Verified by lJ�l - & ` the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and C7ocnli t#Trine in rocnnn# }n #Fie �nnlinotinn �nri ice off ifir forili#ice fnra.rhirh I Fovc onnlicrl onr♦.9nrgr, 4n �hir{c Fier all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in pa]aure r full, of th secu y de/p�o/sit.� Signof Applicant - 40 of 78 1 CITY OF SEBASTIAN 1294 PARKS & RECREATION RECEIPT Name �' �'-��—'U '1 ��� Cash Date j t Gi Check # �k3 J Credit n Glc t S �, L c:.a + C. 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Amount Paid _Lg �v 0 D Al Total Aid -Z6 Initials ' White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 41 of 78 MOF E ASTL- HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: February I3, 2019 AGENDA ITEM TITLE.: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Cox Baby Shower at the Yacht Club. BACKGROUND.: Donna Cox is seeking Council approval to serve alcoholic beverages at the Yacht Club on Sunday, April 7, 2019 from 12:OOPM to 04:OOPM. Staff has verified Applicant's date of birth. They are expecting 25 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: ATTACHMENTS: City Manager Authorization: Date: 1. Facility Rental Permit Application 2. Receipt(s) 42 of 78 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION T k7 HOME OF PELICAN ISLkND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 cmcarthy@cityofsebastian.org Date: c, -)L// ❑ Community Center Name of Permittee (permits may only be issued to an adult) a2 /a .a / /ti),D17-L 12-D Office Use Only $250 Security Pd: d—! ,=7 Date Initials Rental Fee i, Tax Total Tota! Rental PC: � Date Initia s City Manager Approval: Date Initials Park Supt. Approval Date Initia s City Council Approval: Date (if applicable) Police 'fire Verification: (If applicable) Initials XYacht Club Name of Organization (if applicable) Physical Address Mailing Address (if different) 15 8,q �i�� �L �7�-Ly13-0.7 a3 �16cl1� e� sot�f ,ne City State Phone E -Mail �R I DA L Reason for Rental – Type of Function c2-5— Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) -v/7//9 /c2_ pm — � M Requested Date Time: From .To Please answer the following yes or no: 1) Are you a resident of Sebastian? / 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? V If yes, please provide govt, issued ID proof of age � a o irth' Verified by eN�p & the undersigned, acknowledge that I am the applicant or authorized agent of the alcove r6htienced organization, that I am aware of the provisions of the City of Sebastian Codes and 'Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all r*t -s and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refuricled ff" building is left clean and undamaged, however, failure to clean the facilities immediately after the use. or causing anydarnage to.the facility will result in forfeiture, in rt o ull, of the s'ec4 itty deposit. Sinature of Applicant 43 of 78 CITY OF SEBASTIAN 1397 PARKS & RECREATION RECEIPT Name Donna, COX ❑ Cash Date a t` ).( Check # 3 ❑ Credit 1/ /%7 l7 Amount Paid J' y. 70 001001 208001 Sales Tax a 50 001001 220000 Security Deposit 0 D 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Total Paid X35 L• —70 Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 44 of 78 CM Llf SEBAS-T" �.� HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE RECOMMENDATION: CITY COUNCIL AGENDA TRANSMITTAL February 13, 2019 Natural Resources Board Interview, unless waived, and nominate one regular member - term to expire 7/1/2019 (At Council's discretion, waive provision of Resolution No. R-12-38 Sec. 1e and extend term to 2022) BACKGROUND: In response to additional advertising methods, I have been notified that Robert Howland would like to serve. There are no other applicants. ATTACHMENTS: Application, Ad, R-12-38, List City Clerk Authorization: W Date: /-_30 - / 9 45 of 78 C-nv of SE 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: Robert Joseph Howland Address: 1323 Cownie Lane City: Sebastian Zip: 32958 Telephone: ( 352 ) 262 - 3199 E -Mail Address: howlar1955C@gmail.com Employer: Retired Science Teacher, School Board of Alachua Countv City: Gainesville State: FL Zip: 32601 Business Telephone: ( not ) applicable State: FL Note: we have lived here 2 years. am interested in serving on the following boards)/committee(s): I" Choice: Completing temr)orary position on Natural Resource Board, Jan —July 2019 CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021) 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. 46 of 78 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I taught public high school in Alachua Countv for 34.7 vears. Courses I taught included AP Biology, AP Environmental Science, AP Phvsics B & C. Astronomv, BioloQv Honors. Chemistry Honors. Phvsics Honors. Marine Biologv„ Oceanographv, Veterinary Assisting (Career Education) . I have a Masters of Science In Teaching (Zoology) from UF. Gainesville, 1980. Courses included Botanv. EcoloRv. HerptoloRv. Population Genetics. & Zoologv. Why do you want to serve on this board? I. I am a born Floridian, St. Petersburg, FL. 1 saw what happened there in Pinellas Co. I do NOT want to see that happen here in IRC and in Sebastian. 2. 1 spent a career teaching all kinds of science as well as about the scientific principles at work in our environment & the plants and animals in it. I have hosted &/or been a part of many, manv Earth Days. 3. 1 taught at Santa Fe High School (Alachua) and helped maintain a herd of 30-50 registered Black Angus cattle. I did this while teaching Veterinary Assisting. Our students learned many, manv medical techniques and procedures as well as how to maintain good herd health by utilizing best farming practices while working with our cattle. Do you presently serve on another City Board or Committee? No Full Disclaimer: 1. 1 have been a member of the Board of Directors of the Friends of Sebastian Inlet State Park Citizens Support Organization. In 2019. 1 will be the Vice President for the Friends of Sebastian Inlet State Park CSO. Jennifer Roberts, Park Manager. 2. My wife and I both work as volunteers doing Scrub Jav monitoring at the North Sebastian Conservation Area, Main Street. Further, we have been involved in catching and banding scrub jays under the guidance of IRC Conservation Managers and the FWC. Beth Powell, IRC Conservation Manager. Have you previously served on any other City Board or Committee? No 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. http://www.ethics.state.fl.us/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.gov/statutes 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: RadieJtt P. fraw4ud Date: 20 Dec 2018 Date Received by City Clerk's Office 17- -2-0 - 1 by: 47 of 78 U RESOLUTION NO. R-12-38 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; PROVIDING FOR UNIFORM APPLICATION, APPOINTMENT, FINANCIAL DISCLOSURE, AND RESIGNATION PROCEDURES; PROVIDING FOR APPOINTMENT OF CHAIR AND VICE CHAIR; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted pursuant to its authority allow the creation of appointive boards to assist and advise the City Council in the performance of its duties; and WHEREAS, Chapter 2 of the Code of Ordinances sets out general provisions for boards and committees, including announcement, application, appointment, and removal procedures and qualification, term, residency, and attendance requirements. WHEREAS, to make the process more efficient and standardize the method by which board and committee members are selected, this resolution sets out detailed procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. ADVERTISEMENT, APPLICATION, APPOINTMENT AND FINANCIAL DISCLOSURE PROCEDURES. a. The City Clerk shall keep and maintain a list of the names, addresses, and telephone numbers of all members of appointive boards, commissions, and committees; their date of appointment, reappointment, and term expiration in a City Board Handbook and distribute updates to all board secretaries, staff and Council. b. Approximately one month prior to the expiration of the term of any member of an appointive board, commission, or committee, or in the event of any vacancy on any such appointive board, commission or committee, the City Clerk shall publicly advertise the position for a period of at least ten days in a local newspaper in accordance with Section 2-169 of the Code of Ordinances, in the form of a press release, and by posting on the City website, COS -TV and the City Hall lobby board. The press release shall include a deadline date for submittal of applications for such advertised opening, the residency requirement, unless not applicable for specific boards or committees, and a statement that City Council may, at the same meeting, fill vacancies in an alternate position if a board or committee alternate is appointed to a regular member position. All applications on file for membership on such board, commission or committee which were submitted within a one year period prior to the advertisement deadline date for such opening will be submitted to the City Council for consideration, even if the incumbent member or a board alternate intends to seek appointment. In the event that no applications are received in response to the vacancy notice, the press release will be repeated until applications are received. C. A uniform application shall be provided by the City Clerk's office to each applicant seeking membership to any City board, commission or committee, and such application shall be completed, signed and notarized, attesting to the truthfulness of the application and submitted to the City Clerk's office. Any preference of an applicant to serve on a particular board or committee shall be so stated on the application form. d. Each member of an appointive board, commission, or committee who seeks reappointment should submit a new application or renew by initialing and dating a previously submitted application on file if the application has been on file for more than one year. e. In the event an individual is appointed to fill an unexpired term with three months or less remaining in the term, the individual may, at Council's discretion, at the time of the appointment, be appointed to serve the succeeding three year term. City Council, at its discretion, if moving a currently sitting alternate to a regular member position on the same board, may fill the vacancy created by moving the alternate to regular ember at the same meeting, if there are other qualified applications submitted for the regular member position. g. The City Clerk shall provide each new appointee with a copy of the publication A Florida Commission on Ethics Guide for Political officers and Employees, pertinent excerpts of the City Board Handbook; and, if applicable, a financial disclosure form with instructions to mail the form to the Supervisor of Elections of the County in which the member resides and information relative to the requirement to file final financial disclosure upon leaving the position. g. The City Clerk shall, in accordance with Florida law, submit a list of individuals required to file financial disclosure as of December 31 of each year to the Florida Commission on Ethics in January. Supervisors of Election will be notified by email within a reasonable time when a committee member is appointed to a board which requires financial disclosure. 2 49 of 78 SECTION 2. RESIGNATION, FINAL FINANCIAL DISCLOSURE, AND RECOGNITION PROCEDURES. a. Any member of any appointive board, commission, or committee who does not intend to seek reappointment shall notify, through their board secretary, the City Clerk's office and the chairperson of such board, commission or committee at least one month in advance of the expiration date of his or her term of office. b. if applicable, members of any appointive board, commission, or committee who were required to file financial disclosure will be provided with a Form 1 F final financial disclosure form for mailing to the Supervisor of Elections of the County in which they reside. C. The City Clerk shall schedule presentation of Certificates of Appreciation by the Mayor at a Regular City Council meeting for all former members of boards, commissions, or committees, and notify them accordingly. SECTION 3. SELECTION OF CHAIRPERSONS AND VICE CHAIRPERSONS. Unless otherwise provided in the Code of Ordinances for individual boards or committees, and whenever possible, the individual selected as the chairperson and vice chairperson of an appointive board, commission or committee, shall have served two (2) years as a regular member of such appointive board, commission or committee, and shall have attended at least ninety percent (90%) of the meetings of such appointive board, commission or committee, which such memberwas not otherwise excused from attending by the individual serving as the chairperson of such appointive board, commission or committee at such meeting or meetings. SECTION 4. All Resolutions or parts of Resolutions in conflict herewith to include R-02-46 are hereby repealed to the extent of such conflict. SECTION 5. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember Hill . The motion was seconded by Councilmember Coy and, upon being put into a vote, the vote was as follows.- Mayor ollows: Mayor Bob McPartlan aye Vice -Mayor Don Wright aye Councilmember Jerome Adams aye Councilmember Andrea Coy aye Councilmember Jim Hill ave 3 50 of 78 NATURAL RESOURCES BOARD Nicole Mosblech Apptd reg member 5124117 Term expires 873 Gilbert Street 7/1/2020 Sebastian, FL 32958 7/1/2021 Nikki.mosblech(@gmail.com (484) 269-7017 itbwolfe(cbgmail.com Vacant Term expires (561) 252-5329 7/1/2019 Jon Wolfe Apptd 10/10/18 Term expires 536 Cross Creek Circle 7/1/2021 Sebastian, FL 32958 itbwolfe(cbgmail.com (561) 252-5329 Ruth Callaghan Apptd reg member 1123119 Term expires 202 Barbossa Drive 7/112022 Sebastian, FL 32958 Rforman326D.amail.com (610) 304-9973 Susan Olson Apptd 7125118 Term expires 460 Perch Lane 7/1/2019 Sebastian, FL 32958 Jerrvandsue1967a.bellsouth. net (772) 664-6085 Brian O'Neill Apptd 9113117 Term expires 790 Beard Avenue 7/1/2020 Sebastian, FL 32958 sdbfo(cD.vahoo.com (310) 403-1675 Charles Stadelman Apptd 9113117 Term expires 146 Mabry Street 7/1/2020 Sebastian, FL 32958 stadelman a�).bellsouth.net (772)584-5522 Gerald Rosebery — Alternate Apptd 1123119 Term expires 1343 Thornhill Lane 7/1/2021 Sebastian, FL 32958 aeraldroseberv(D.vahoo.com (772) 913-1749 Charles Moga - Alternate Apptd 11/28/18 Term expires 449 Warren Street 7/1/2020 Sebastian, FL 32958 blacktunaeomail.com (772) 646-2590 Revised 1.23.19 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 51 of 78 nL SE�7Fwmmk" ,dmHOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: February 13, 2019 Aeenda Item Title: Ordinance 0-19-01 Proposed Land Development Code Amendment to Article XXII — Language and Definitions; specifically Section 54-5-22.3 Land use classifications with regards to Adult Personal Service Businesses Recommendation: Hold first reading for Ordinance 0-19-01. If approved, set second reading and public hearing for March 13, 2019. Backeround: At its November 28th, 2018 meeting, City Council requested staff to review the codes and present a possible recommendation regarding tattoo establishments in the City. Currently, tattoo establishments are considered as adult entertainment, specifically an adult personal service business. Under the current code these establishments are allowed as a conditional use only in the industrial zoning districts. The conditional use criteria, as required in Article VI, has specific distances from other uses, adding to the difficulty to find suitable locations. Staff has conducted a thorough review of city codes, existing State Statues, and current Health Department licensing requirements for tattoo artists and establishments, massage therapists, and hair salons. By providing a clarification of adult personal services, staff feels this will open up locations for new businesses without creating non -conformity for other existing operations. The activities and services which are desirable and already exist within the City in this category will be differentiated by the necessity of these activities to be licensed by the State of Florida and considered commercial retail. The Local Planning Agency (Planning and Zoning Commission) unanimously recommended approval of the proposed amendment at its January 11, 2019 meeting. If Agenda Item Reauires Expenditure of Funds: j NIA Administrative Services Department/CFO Review: l 1 Attachments: 1. Ordinance 0-19-01 2. Minutes from PZC 1111119 meeting 3. Zoning Matrix 4. Conditional Use Criteria information 5. Definitions City Manager Autho 'zation: Date: .1 / 52 of 78 ORDINANCE NO. 0-19-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; AMENDING SECTION 54-5-22.3(c) REGARDING ADULT PERSONAL SERVICE BUSINESSES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify and update certain definitions of the code; and WHEREAS, the Local Planning Agency held a public hearing on January 17, 2019, and made a recommendation to City Council to approve Ordinance 0-19-01. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: ARTICLE XXII. LANGUAGE AND DEFINITIONS See. 54-5-22.3. - Land use classifications. (c) Commercial activities: (1) Adult entertainment establishments. Any of the following described businesses: Adult arcade, adult bookstore, adult dancing establishment, 1 53 of 78 adult motion picture booth, adult mini -motion picture theater or drive-in, adult motel/hotel, adult personal service business and adult theater. 0.1) Adult personal service business. Does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the State of Florida. These activities are considered commercial retail. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section d. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council, PN 54 of 78 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 Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this 13'11 day of March, 2019. ATTEST: Jeanette Williams, MMC City Clerk 3 CITY OF SEBASTIAN, FLORIDA M. Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: James Stokes, BCS City Attorney 55 of 78 2 3 CITY OF SEBASTIAN PLANNING & ZONING COMMISSION MINUTES JANUARY 17, 2019 Call to Order -- Chairperson Kautenburg called the meeting to ordey/at 6:00 p.m. Pledqe of Alleqiance was recited by all. Roll Call Present: Mr. Roth r. Mauti (a) Mr. Simmons (a) Mr. Qizilbash Ms. Kautenburg Mr. Hughan Mr. Carter Mr. Alvarez Not Present Mr. Reyes -- Excus d Also Present: Mr. James Sto s City Attorney Ms. Dorri B worth, Planner Ms. Jane raham, Technical Writer Ms. Dale Simchick, Indio River County School Board, was not present. Announcements andlor Aqenda Modifications Ms. Kautenburg an unced that, since Mr. Reyes is absent, Mr. Mauti will be voting in his place. I of Minutes A. Regular Meeting of October 18, 2018 fills. Kautenburg asked for any additions or corrections to the Minutes as presented. Hearing None, Ms. Kautenburg asked for a motion to accept the Minutes. A motion to accept the Minutes as presented was made by Mr. Roth, seconded by Mr. Carter, and approved unanimously by voice vote. --�-� 6. Quasi -Judicial and Public Hearinas A. Public Hearing -- Recommendation to City Council -- Land Development Code Amendment -- Amending Article XXII, Language and Definitions -- Section 54-5-22.3 Land Use Classifications -- Clarifying Adult Personal Service Businesses 56 of 78 PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF JANUARY 17, 2019 Mr. Stokes read the Agenda title, being a recommendation to City Council. This public hearing is regarding an amendment to the Land Development Code of the City of Sebastian, Florida -- Ordinance 0-19-01 -- Amending Article XX11, Language and Definitions -- Section 54-5-22.3(c) Land Use Classifications -- Clarifying Adult Personal Service Businesses, providing for severability, providing for repeal of laws in conflict, providing for codification, providing for scrivener's errors, and providing for an effective date. Ms. Kautenburg asked for staff presentation on the matter. Ms. Bosworth gave the background on how this amendment to the Ordinance came to be before the Committee. Included in the Agenda packet for this meeting is a copy of the Minutes from the City Council meeting in November where a gentleman presented who had been working with Ms. Bosworth, and he was attempting to find a location for an artist studio and a tattoo parlor. She reviewed the conditional use criteria for adult entertainment establishments which she had included in the packet. Also included is a definition of those establishments as set forth in the Use section of the Code, which is where tattoo parlors, considered as adult personal services, is contained. All the criteria necessary for a tattoo parlor is very onerous regarding distances from a residential district, from churches, from other adult entertainment establishments, and from a bar or lounge, etc. She stated there is currently a tattoo parlor along Route 512 which is in the industrial zoning district. They were granted a conditional use permit by this Commission after they obtained a variance due to being within 200 feet from a bar and grill. When the applicant came before City Council, the discussion of Council was that the attitude towards tattoo parlors and tattoo artists has changed over time. The section of the Code that is currently in place is from 1985. Council agreed that the City Code was too restrictive and asked staff to adjust the Code so as to not make it so onerous to find a location. She was contacted by the applicant several times, and a location could never be found that would conform to all the conditional use criteria necessary for his business. Staff's initial thought was to create a definition for tattoo establishments, then go back to Article V and insert the use in the zoning districts that would be permissible for tattoo parlors. She described that that process can be very costly and burdensome for the City because it would be changing conditional and permitted uses in the zoning districts, and the process is regulated by the State. Staff then looked into the Definition section to make it clearer and further define what constitutes Adult Personal Service Businesses and place it under one of the existing categories in the Code. Thus, it would not be necessary to change the zoning districts where these establishments are permitted; it would be only changing definitions and getting the criteria established. 57 of 78 PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF JANUARY 17, 2019 Staff further investigated how the State considers tattoo parlors in their licensing and what regulations would have to be followed. It was discovered that tattoo artists are regulated by the Department of Health, and the same licensing regulations are applicable to tattoo artists as for hair and nail salons who perform permanent make-up. Thus, it was a concern for how to regulate tattoo artists when the City has no regulations for the hair and nail salons that have those personnel working there and offering those services without creating non -conforming businesses. After further investigation and discussion, staff created a definition that would allow adult personal businesses which were licensed by the State and is proposing that these establishments be considered a retail type of establishment as opposed to adult entertainment. Ms. Kautenburg then asked for discussion or comments from the members of the Commission. Mr. Alvarez: • Inquired whether the applicant has a specific address for his business. Ms. Bosworth stated no, that the question regarding adult entertainment personal businesses versus retail establishments needs to be settled before any applications can be entertained. Mr. Roth: • Wanted to clarify that the description contained in the Agenda packet which is displayed in blue ink is the language that is proposed to be changed. Ms. Bosworth stated that is correct. It will be located immediately below the Adult Entertainment Establishments section and further clarifies the Adult Personal Service Businesses. • Voiced a concern about having these businesses in the Commercial Riverfront Area. He stated that, although beauty salons are permitted there, some of the clientele for the tattoo parlors might be a little different than clientele of beauty salons. Ms. Bosworth explained that, if tattoo parlors were not permitted in that zoning district, then beauty/nail salons that are existing and are subject to the same regulations/licensing, they would become a non -conforming use. Mr. Carter: • Asked about over the past five years what is the estimate of how many people have inquired about tattoo parlors. Ms. Bosworth estimated that approximately two to three times a year she will get an inquiry regarding tattoo parlors. Mr. Carter stated his only concern would be if a large number of parlors would be setting up in the City. 58 of 78 PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF JANUARY 17, 2019 • Inquired if a business such as a bar would be allowed to have a tattoo parlor inside that business. Ms. Bosworth stated that in that case the site specifics would have to be adhered to such as parking, landscaping, etc. She also stated that she is not sure if State statutes would allow a tattoo parlor to operate inside a bar or lounge. • Inquired whether a tattoo parlor could also have a liquor license for their establishment. Ms. Bosworth stated she would follow up on that question. • Inquired as to what type of art the applicant will have inside his establishment. Ms. Bosworth said she is not certain, but he is looking to have an art studio and a tattoo parlor. Mr. Qizilbash: • Favors a clearer definition for a tattoo parlor instead of labeling it under an Adult Personal Services Business. Ms. Bosworth stated that if a more specific definition for tattoo establishments and artists is established, that would have to be specifically added into some of the zoning districts. The Trade and Skilled Services title is more of an umbrella that includes different types of businesses and could include tattoo artists. She also stated that, after researching how the neighboring municip it ies treat tattoo parlors in their codes, staff could not find any that specificall'A 00s arlors or any that have specific definitions. h Mr. Hughan: • Regarding the section on the last page of the Agenda packet where it mentions Adult Entertainment Establishment Businesses and describes what kinds of businesses are included, he inquired whether all those businesses are going to be also included in the same section of the Code where tattoo parlors are permitted. Ms. Bosworth stated no, those businesses mentioned there are limited to conditional uses in the industrial zoning district. She further described that if a business holds a license from the Department of Health such as a massage therapist or a tattoo artist, that business is not going to be considered as adult entertainment. Those businesses are considered as retail. • Does not agree with having tattoo parlors along the River. Mr. Mauti: • Stated that when considering having or not having tattoo parlors along the River, some of the businesses that are already there may have clientele somewhat akin to tattoo parlor clientele. Ms. Bosworth mentioned that the City now allows medical marijuana dispensaries in most of their zoning districts. 59 of 78 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2019 PAGE 5 Ms. Kautenburg: • Stated she believes the update to the Code is appropriate if it is licensed and regulated by the State. Ms. Bosworth stated these businesses still have to receive a tax receipt from the City so that annually staff verifies that they are up to date. There being no further discussion on this matter, Ms. Kautenburg called for a motion on the recommendation. A motion to recommend to City Council Ordinance 0-19-01 amending Article XXII, Language and Definitions -- Section 54-5-22.3, Land Use Classifications -- clarifying Adult Personal Service Businesses was made by Mr. Roth and seconded by Mr. Hughan. ROLL CALL: Mr. Hughan -- Yes Mr. Qizilbash -- Yes Ms. Kautenburg -- Yes Mr. Roth -- Yes Total vote was 7-0 in favor. Motion carried. 7. Unfinished Business -- None. 8. Pu 'c Input -- None. 9. New Bu in -- None. 10. Commissioners Mas Mr. Mauti (a) -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes Mr. Carter: • Addressed the question of the Co issioners receiving their Agenda packets not through the mail. Ms. Bosworth stat staff is open to suggestions as to how to make delivery more timely. She will the with MIS so that members can open the packets on their computers that have bee ent by email Mr. Roth: • Inquired as to the status of the "Spirit of Sebastian" project. Bosworth reviewed that the developer has submitted its preliminary plat application. taff has not completed its jurisdictional reviews. The consulting engineer hash n reviewing the traffic impact study. The developer is also conferring with the Coun elating to Old Dixie Highway. The application is only for Phase 1 and Phase 2. 60 of 78 TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX C RE -40 RS -20 RS -10 RM -8 R -MH C-512 CL CG CR CIVR IN Al PS o COMMUNITY FACILITIES _ o, Airport facilities P/C Child care services C C C C C C C C C (Cultural or civic facilities C P P P P P C Schools, public and private C C C_ C P C Educational institutions, marine P C P related Equestrian facilities C Golf course and support facilities C C_ C C O 0 Hospitals and intensive care facilities C Nursing homes C C C C C Churches C C C C P P P C C G Clubs and lodges, public and privateP P P P P P C[n3 CAdministrative services, public and P P P P P C �f private U., Utilities, public and private C— C C C C C C C C C P C C is Parks and recreation, public C C C C C_ _ C C C C C C C P Parks public with stadium lighting _. C Protective and emergency services, C C C C C C C C C C C C C public H COMMERCIAL ACTIVITIES 0 Accessory watchman facilities P CCn rtauit entertainment _ C Bait and tackle shops P P... Bars and lounges C P P Bed and breakfast _ C C Boat sales and rentals P P_ Business & professional offices, exclud- P P P P C P ing drive-through facilities Business & professional offices, with C C C P drive-through facilities Car rental (airport) C 0 co rn N O 00 Commercial amusement, enclosed Commercial amusement, unenclosed Time share facilities Commercial retails 5,000 sq. ft. Commercial retail > 5,000 sq. ft. Commercial retails 10,000 sq. ft. I! Commercial retail > 10,000 sq. ft. Commercial retail s 20,000 sq. it. Commercial retail > 20,000 sq. it. Crematory Farmer's market Fish markets and packing facilities Flea market Pawn shops Fuel storage (airport) Funeral homes JHotels and motels Industrial activities Marina Marine fuel sales Marine power sales and service Marine related specialty retail sales & service Medical marijuana dispensaries Medical services Mini -storage Parking garages Parking lots without buildings on the lot Pharmacies Plant nurseries TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX C RE -40 RS -20 RS -10 RM -8 R-Mtl C-512 CL CG CR C1VR IN Al I'S P C C P - C P P P P P C C C C P C P C P C C P P P P -C C - C C C C P P C C C - - P P P P P P P P P P P P P P P P P P P P P C C P P P C C P P P P P P P P C P d CO3 r rn CJ 0 00 TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX C RE -40 RS -20 RS -10 RM -8 R -MH C-512, CL C4 CR CWR IN AI PS Restaurants, excluding drive-through P C P P P P C facilities _ Restaurants, including drive-through C C P facilities Gasoline sales, retail^ C C P P P 'Prada and skilled services P P P P Trade and skilled services, marine- P P related _ Storage facilities_ P Skydiving services P Vehicular service and maintenance C C P Vehicular sales and related service P P Veterinary services C C C C P Wet/dry storage of boats P C P P _ _ Wholesale trades and services C P P Yacht clubs - P P Footnote: Adult life care and nursing homes shall include rest homes and convalescent homes, but no commercial offices or retail uses are allowed unless expressly restricted, designed and marketed only to serve residents of the facility and not the general public. Footnote: In all zoning districts, accessory uses to permitted uses shall be considered permitted uses. In all zoning districts, accessory uses to conditional uses shall be considered conditional uses. (Ord. No. 0-12-10, $ 6, 10-10-2012; Ord. No. 0-18-01, $ 3(Exh. A), 6-13-2018) CONDITIONAL USE CRITERLk 3 54-2-6.4 3. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with the standards established in section 54-3- 10.2 of this chapter. (2) Adult entertainment establishments: a. Applicable zoning districts. Adult entertainment establishments shall be permit- ted as a conditional use within the following zoning districts: IN. b. Conditional use criteria: 1. No site shall be located closer than 1,000 feet to any residential district, church or other place of worship, public or private school, or park. 2. No site shall be located closer than 1,000 feet to any other adult entertain- ment establishment. 3. No site shall be located closer than 200 feet to any bar or lounge. 4. Outside advertising shall be limited to one identification sign, not to exceed 20 square feet. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from a pedestrian sidewalk or walkway or from other areas public or semi-public; and such displays shall be considered signs. 5. Buildings shall not be painted in garish colors or such other fashion as will effectuate the same purpose as a sign(s). All windows, doors and other apertures shall be blacked or otherwise obstructed so as to prevent viewing of the interior of the establishment from without. 6. The use shall comply with all applicable state and local codes and ordi- nances. 7. Necessary measures shall be taken to ensure that the operation of the facility will not disturb adjacent property owners and the facility shall comply with the standards for nuisance abatement regarding noise as defined in section 54-3-17.4(e) of the Land Development Code. (3) Airport conditional uses: a. Applicable zoning districts. All uses identified in section 54-2-5.7 as a conditional use in the Airport Industrial District shall be permitted as a conditional use in the following zoning districts: AL b. Conditional use criteria. All uses identified in section 54-2-5.7 as a conditional use in the Airport Industrial District will be allowed provided the following conditions are met: 1. The conditional use criteria for airport industrial uses shall be reserved for determination at time of site plan review and planning and zoning commis- sion hearing. Supp. No t3 LDC6:3 64 of 78 LANGUAGE AND DEFINITIONS § 54-5-22.3 (15) Utilities, public and private. Use of land which is customary and necessary to the maintenance and operation of essential public services, such as electricity and gas transmission systems; water distribution, collection and disposal; communication; and similar services and facilities. (c) Commercial activities: (1) Adult entertainment establishments. Any of the following described busi- nesses: Adult arcade, adult bookstore, adult dancing establishment, adult motion picture booth, adult mini -motion picture theater or drive-in, adult motellhotel, adult personal service business and adult theater. (2) Bars and lounges. A commercial establishment selling and dispensing, for the drinking on the premises, of liquor, malt, wine or other alcoholic beverages. This shall not include the sale of alcoholic beverages accessory to and within a restaurant use duly licensed by the state as a restaurant. (3) Bed and breakfast. An owner -occupied dwelling unit where guest room lodging, with or without meals, is provided for compensation. (4) Boat sales and rentals. A commercial establishment where boat sales and rentals may occur together with servicing and sales of marine supplies but excluding boat or ship building. (5) Business and professional offices. Government offices and private for-profit offices extending advice, information or consultation of a professional nature. Offices exclude commercial storage of goods and possessions for the purpose of sale or resale as a principal use. (5.1) Commercial retail. Establishments where the principal use is the selling or renting of goods or merchandise to the general public for personal or household consumption thereby serving the day-to-day commercial needs of a community, including the rendering of services incidental to the sale of such goods. Establishments include convenience stores, supermarkets, department stores, florists, gift shops, thrift and resale stores, automotive supply stores, and similar retail sales and services. This definition shall not include adult bookstores, or other adult establishments. (6) Commercial use. All nonresidential, noninstitutional and industrial establish- ments, but not limited to and without regard to whether they are profit or nonprofit organizations or retail and/or wholesale establishments; including motels, hotels, stores, office buildings, restaurants, service stations, garages, laundries, cleaning establishments, for hire services and all other business required to obtain occupational licenses. (7) Commercial amusements. Establishments engaged primarily in providing amusement or entertainment for a fee or admission charge. (8) Farmers market. Sale of agricultural produce within an enclosed building. Supp. No. 16 LDC22:37 65 of 78 an 11 SEe HOME OF PELICM ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February 13, 2019 AGENDA ITEM TITLE: First Reading of Ordinance 0-19-03 Repealing Code of Ordinances Chapter 2 Section 2-75(a) Governing Meal Allowances and Repealing Section 2-75(b) Governing Per Diem Rates. RECOMMENDATION: Approve Ordinance 0-19-03 Repealing Code of Ordinances Chapter 2, Section 2-75(a) and Section 2-75(b) Governing Meal Allowances and Per Diem Rates on First Reading. The meal allowance for traveling more than 24 hours (Class A) or overnight (Class B) is currently lower than those used by both Indian River County and the State of Florida. Ordinance 0-04-17 adopting these amounts and superseding State Statutes was approved by the City Council on September 15, 2004. The City's meal allowance for this type of travel was set at $6 for Breakfast, $10.00 for Lunch and $18.00 for Dinner. It also included a provision that the traveler may elect to receive a $70 per diem. The Indian River County and State of Florida current meal allowance for all types of travel are $6 for Breakfast, $11.00 for Lunch and $19.00 for Dinner. They allow travelers to elect to receive an $80 per diem. It is recommended that the City repeal these Sections of the City Code that supersede State Statues and utilized the same meal allowance and per diem rates for this type of travel as are used by Indian River County and the State of Florida. The Internal Revenue Service maximum allowance rate (currently 58 cents per mile) has been used by the City since 2004 for the reimbursement for millage when using privately owned vehicles. This is provided for in Code of Ordinances Chapter 2, Section 2-75(c) and supersedes Florida Statutes 112.061, which specifies 44.5 cents per mile. It is recommended that this provision not be changed. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Appropriation Required: A minor impact on trave expenditures is expected. I Administrative Services Department Review:' 1 'W ATTACMIENTS: Ordinance 0-19-03 V Florida Statutes 112.061 Ciry Manager Au orirrtian:��o" / aZ 'r r 66 of 78 ORDINANCE NO. 0-19-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CODE OF ORDINANCES CHAPTER 2, SECTION 2-75(a) AND SECTION 2-74(b) REGARDING MEAL ALLOWANCE AND PER DIEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the existing City of Sebastian Code of Ordinances, Section 2-75(a) governing meal allowance and Section 2-75(b) governing per diem supersedes State Law; and WHEREAS, the existing meal allowance and per diem provide inadequate and unreasonable meal allowance provisions; and WHEREAS, the existing meal allowance and per diem is less than those of Indian River County and the State of Florida; and WHEREAS, it has been determined that the meal allowance and the per diem should be the same as those of Indian River County and the State of Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: SECTION 1: That Chapter 2, Section 2-75(a) of the Code of Ordinances, City of Sebastian, Florida regarding meal allowance is hereby repealed. SECTION 2: That Chapter 2, Section 2-75(b) of the Code of Ordinances, City of Sebastian, Florida regarding per diem is hereby repealed. SECTION 4: CODIFICATION. The sections of the ordinance shall be codified within the City's Code and may be renumbered or re -lettered to accomplish such, and the word "Ordinance" may be changed to "section," "division," or any other appropriate word. SECTION 3: SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 4: CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall be further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. 67 of 78 SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective immediately 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 Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2019. CITY OF SEBASTIAN, FLORIDA Jim Hill, Mayor ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and Legality for Reliance by the City of Sebastian only: James Stokes City Attorney Statutes & Constitution :View Statutes : Online Sunshine Page I of 7 Select Year: 2018 v Go The 2018 Florida Statutes Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL Chapter RECORDS PROVISIONS 112.061 Per diem and travel expenses of public officers, employees, and authorized persons.— (1) LEGISLATIVE INTENT.—To prevent inequities, conflicts, inconsistencies, and lapses in the numerous laws regulating or attempting to regulate travel expenses of public officers, employees, and authorized persons in the state, it is the intent of the Legislature: (a) To establish standard travel reimbursement rates, procedures, and limitations, with certain justifiable exceptions and exemptions, applicable to all public officers, employees, and authorized persons whose travel is authorized and paid by a public agency. (b) To preserve the standardization established by this law: 1. The provisions of this section shall prevail over any conflicting provisions in a general law, present or future, to the extent of the conflict; but if any such general law contains a specific exemption from this section, including a specific reference to this section, such general law shall prevail, but only to the extent of the exemption. 2. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict. (2) DEFINITIONS.—For the purposes of this section, the following words shalt have the meanings indicated: (a) Agency or public agency—Any office, department, agency, division, subdivision, political subdivision, board, bureau, commission, authority, district, public body, body politic, county, city, town, village, municipality, or any other separate unit of government created pursuant to Law. (b) Agency head or head of the agency—The highest policymaking authority of a public agency, as herein defined. (c) Officer or public officer—An individual who in the performance of his or her official duties is vested by law with sovereign powers of government and who is either elected by the people, or commissioned by the Governor and has jurisdiction extending throughout the state, or any person lawfully serving instead of either of the Foregoing two classes of individuals as initial designee or successor. (d) Employee or public employee ---An individual, whether commissioned or not, other than an officer or authorized person as defined herein, who is filling a regular or full-time authorized position and is responsible to an agency head. (e) Authorized person - 1. A person other than a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by an agency head to incur travel expenses in the performance of official duties. 2. A person who is called upon by an agency to contribute time and services as consultant or adviser. 3. A person who is a candidate for an executive or professional position. (f) Traveler—A public officer, public employee, or authorized person, when performing authorized travel. (g) Travel expense, traveling expenses, necessary expenses while traveling, actual expenses while traveling, or words of similar nature—The usual ordinary and incidental expenditures necessarily incurred by a traveler. (h) Common carrier—Train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. (i) Travel day—A period of 24 hours consisting of four quarters of 6 hours each. (j) Travel period—A period of time between the time of departure and time of return. (k) Class A travel—Continuous travel of 24 hours or more away from official headquarters. 7htt �//www.le •state.fl.us/Statutes/index.cfm?A�'_mode=Dis la _Statute&Search_Stri g— ..2/1/2019 Statutes & Constitution :View Statutes : Online Sunshine Page ? of 7 (l) Class B travel—Continuous travel of less than 24 hours which involves overnight absence from official headquarters. (m) Class C travel—Travel for short or day trips where the traveler is not away from his or her official headquarters overnight. (n) Foreign travel --Travel outside the United States. (3) AUTHORITY TO INCUR TRAVEL EXPENSES.— (a) All travel must be authorized and approved by the head of the agency, or his or her designated representative, from whose funds the traveler is paid. The head of the agency shall not authorize or approve such a request unless it is accompanied by a signed statement by the traveler's supervisor stating that such travel is on the official business of the state and also stating the purpose of such travel. (b) Travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the agency and must be within the limitations prescribed by this section. (c) Travel by public officers or employees serving temporarily in behalf of another agency or partly in behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultants or advisers, may be authorized by the agency head. Complete explanation and justification must be shown on the travel expense voucher or attached thereto. (d) Travel expenses of public employees for the sole purpose of taking merit system or other job placement examinations, written or oral, shall not be allowed under any circumstances, except that upon prior written approval of the agency head or his or her designee, candidates for executive or professional positions may be allowed travel expenses pursuant to this section. (e) Travel expenses of public officers or employees for the purpose of implementing, organizing, directing, coordinating, or administering, or supporting the implementation, organization, direction, coordination, or administration of, activities related to or involving travel to a terrorist state shall not be allowed under any circumstances. For purposes of this section, "terrorist state" is defined as any state, country, or nation designated by the United States Department of State as a state sponsor of terrorism. (f) The agency head, or a designated representative, may pay by advancement or reimbursement, or a combination thereof, the costs of per diem of travelers for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)" and incidental expenses as provided in this section. (g) A traveler who becomes sick or injured while away from his or her official headquarters and is therefore unable to perform the official business of the agency may continue to receive subsistence as provided in subsection (6) during this period of illness or injury until such time as he or she is able to perform the official business of the agency or returns to his or her official headquarters, whichever is earlier. Such subsistence may be paid when approved by the agency head or his or her designee. (h) The State Surgeon General or a designee may authorize travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health. The Department of Health may establish rates lower than the rate provided in this section for these travel expenses. (4) OFFICIAL HEADQUARTERS.—The official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located except that: (a) The official headquarters of a person located in the field shall be the city or town nearest to the area where the majority of the person's work is performed, or such other city, town, or area as may be designated by the agency head provided that in all cases such designation must be in the best interests of the agency and not for the convenience of the person. (b) When any state employee is stationed in any city or town for a period of over 30 continuous workdays, such city or town shall be deemed to be the employee's official headquarters, and he or she shall not be allowed per diem or subsistence, as provided in this section, after the said period of 30 continuous workdays has elapsed, unless this period of time is extended by the express approval of the agency head or his or her designee. htt ttp://www. ?App—mo Y la _Statute&Search Strin 0 of 7 1/2019 P� g• PP_ Statutes & Constitution :View Statutes : Online Sunshine Page i of 7 (c) A traveler may leave his or her assigned post to return home overnight, over a weekend, or during a holiday, but any time lost from regular duties shalt be taken as annual leave and authorized in the usual manner. The traveler shall not be reimbursed for travel expenses in excess of the established rate for per diem allowable had he or she remained at his or her assigned post. However, when a traveler has been temporarily assigned away from his or her official headquarters for an approved period extending beyond 30 days, he or she shall be entitled to reimbursement for travel expenses at the established rate of one round trip for each 30 -day period actually taken to his or her home in addition to pay and allowances otherwise provided_ (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.—For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: (a) The travel day for Class A travel shall be a calendar day (midnight to midnight). The travel day for Class B travel shall begin at the same time as the travel period. For Class A and Class B travel, the traveler shall be reimbursed one- fourth of the authorized rate of per diem for each quarter, or fraction thereof, of the travel day included within the travel period. Class A and Class B travel shall include any assignment on official business outside of regular office hours and away from regular places of employment when it is considered reasonable and necessary to stay overnight and for which travel expenses are approved. (b) A traveler shalt not be reimbursed on a per diem basis for Class C travel, but shall receive subsistence as provided in this section, which allowance for meals shall be based on the following schedule: 1. Breakfast—When travel begins before 6 a.m. and extends beyond 8 a.m. 2. Lunch—When travel begins before 12 noon and extends beyond 2 p.m. 3. Dinner—When travel begins before 6 p.m. and extends beyond 8 p.m., or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meats when travel is confined to the city or town of the official headquarters or immediate vicinity; except assignments of official business outside the traveler's regular place of employment if travel expenses are approved. The Chief Financial Officer shall establish a schedule for processing Class C travel subsistence payments at least on a monthly basis. (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE. --For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowances are provided as follows: (a) All travelers shall be allowed for subsistence when traveling to a convention or conference or when traveling within or outside the state in order to conduct bona fide state business, which convention. confererrce, or business serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeti� conducting such business, either of the following for each day of such travel at the option of the traveler: 1. Eighty dollars per diem; or 2. If actual expenses exceed $80, the amounts permitted in paragraph"(b) far subsistencb, plus'actuat expenses for lodging at a single -occupancy rate to be substantiated by paid bills therefor. When lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual expenses of such lodging or meals, not to exceed the maximum provided for in this subsection. (b) All travelers shall be allowed the following amounts for subsistence while on Class C travel on official business as provided in paragraph (5)(b): 1. Breakfast. _ . . . . . . , . $6 2. Lunch. , . . . . . . $11 3. Dinner. . . . . . . . $19 (c) No one, whether traveling out of state or in state, shalt be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state. (7) TRANSPORTATION.— (a) All travel must be by a usually traveled route. In case a person travels by an indirect route for his or her own convenience, any extra costs shall be borne by the traveler; and reimbursement for expenses shall be based only on such 17 i1/19htt �/www.Ie •state.11.us/Statutes/index.cfTi?APP_mode=D1s la _Statute&Search_String..2 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 7 charges as would have been incurred by a usually traveled route. The agency head or his or her designee shall designate the most economical method of travel for each trip, keeping in mind the following conditions - 1 . onditions: 1. The nature of the business. 2. The most efficient and economical means of travel (considering time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem or subsistence required). When it is more efficient and economical to either the traveler or the agency head, jet service offered by any airline, whether on state contract or not, may be used when the cost is within an approved threshold determined by the agency head or his or her designee. 3. The number of persons making the trip and the amount of equipment or material to be transported. (b) The Department of Financial Services may provide any form it deems necessary to cover travel requests for traveling on official business and when paid by the state. (c) Transportation by common carrier when traveling on official business and paid for personally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not be reimbursable to the traveler unless the state and other public agencies are also required by federal law to pay such tax. In the event transportation other than the most economical class as approved by the agency head is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the agency charged with the transportation provided in this manner. (d11. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the agency head or his or her designee. Whenever travel. is by p, ivately owned vehicle: a. A traveler shall be entitled to a mileage allowance at a rate of 44.5 cents per mile, or A traveler shalt be entitled to the common carrier fare for such travel if determined by the agency head to be more economical. 2. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided in subsection (8). 3. All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the Department of Transportation. Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a separate item on the expense voucher. (e) Transportation by chartered vehicles when traveling on official business may be authorized by the agency head when necessary or where it is to the advantage of the agency, provided the cost of such transportation does not exceed the cost of transportation by privately owned vehicle pursuant to paragraph (d). (f) The agency head or his or her designee may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided in paragraph (d). Allowances granted pursuant to this paragraph shall be reasonable, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the agency or other public funds. Such allowance may be changed at any time, and shall be made on the basis of a signed statement of the traveler, filed before the allowance is granted or changed, and at least annually thereafter, The statement shall show the places and distances for an average typical month's travel on official business, and the amount that would be allowed under the approved rate per mile for the travel shown in the statement, if payment had been made pursuant to paragraph (d). (g) No contract may be entered into between a public officer or employee, or any other person, and a public agency, in which a depreciation allowance is used in computing the amount due by the agency to the individual for the use of a privately owned vehicle on official business; provided, any such existing contract shall not be impaired. (h) No traveler shall be allowed either mileage or transportation expense when gratuitously transported by another person or when transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportation up to the cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this subsection. (8) OTHER EXPENSES.— http://www.leg.state.fl.Lis/Statutes/index.cfm?App_mode=Display_Statute&Search Strin? °f 7 /1/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 7 (a) The following incidental travel expenses of the traveler may be reimbursed: 1. Taxi fare. 2. Ferry fares; and bridge, road, and tunnel tolls. 3. Storage or parking fees. 4. Communication expense. 5. Convention registration fee while attending a convention or conference which wit[ serve a direct public purpose with relation to the public agency served by the person attending such meetings. A traveler may be reimbursed the actual and necessary fees for attending events which are not included in a basic registration fee that directly enhance the public purpose of the participation of the agency in the conference. Such expenses may include, but not be limited to, banquets and other meat functions. It shall be the responsibility of the traveler to substantiate that the charges were proper and necessary. However, any meats or lodging included in the registration fee will be deducted in accordance with the allowances provided in subsection (b). (b) Other expenses which are not specifically authorized by this section may be approved by the Department of Financial Services pursuant to rules adopted by it. Expenses approved pursuant to this paragraph shall be reported by the Department of Financial Services to the Auditor General annually. (9) RULES.— (a) The Department of Financial Services shall adopt such rules, including, but not limited to, the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, and prescribe such fors as are necessary to effectuate the purposes of this section. The department may also adopt rules prescribing the proper disposition and use of promotional items and rebates offered by common carriers and other entities in connection with travel at public expense; however, before adopting such rules, the department shall consult with the appropriation committees of the Legislature. (b) Each state agency shall adopt such additional specific rules and specific criteria to be used by it to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, not in conflict with the rules of the Department of Financial Services or with the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions, as may be necessary to effectuate the purposes of this section. (10) FRAUDULENT CLAIMS.—Claims submitted pursuant to this section shalt not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any provision of this section shall contain a statement that the expenses were actually incurred by the traveler as necessary travel expenses in the performance of official duties and shalt be verified by a written declaration that it is true and correct as to every material matter; and any person who willfully makes and subscribes any such claim which he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under the provisions of this section of a claim which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever shall receive an allowance or reimbursement by means of a false claim shall be civilly Liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid. (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.— (a) Authorization forms.—The Department of Financial Services shalt furnish a uniform travel authorization request form which shall be used by all state officers, employees, and authorized persons when requesting approval for the performance of travel to a convention or conference. The form shall include, but not be limited to, provision for the name of each traveler, purpose of travel, period of travel, estimated cost to the state, and a statement of benefits accruing to the state by virtue of such travel. A copy of the program or agenda of the convention or conference, itemizing registration fees and any meals or lodging included in the registration fee, shall be attached to, and filed with, the copy of the travel authorization request form on file with the agency. The form shalt be signed by the traveler and by the traveler's supervisor stating that the travel is to be incurred in connection with official business of the state. The head of the agency or his or her designated representative shalt not authorize or approve such request in the absence of hnp://www. state. us/Statutes/indexx la _Statute&Search Strin 3 of 7 p � g• Pp_ P Y _ �— Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 7 the appropriate signatures. A copy of the travel authorization form shall be attached to, and become a part of, the support of the agency's copy of the travel voucher. (b) Voucher forms. -- 1. The Department of Financial Services shall furnish a uniform travel voucher form which shalt be used by all state officers, employees, and authorized persons when submitting travel expense statements for approval and payment. No travel expense statement shall be approved for payment by the Chief Financial Officer unless made on the form prescribed and furnished by the department. The travel voucher form shall provide for, among other things, the purpose of the official travel and a certification or affirmation, to be signed by the traveler, indicating the truth and correctness of the claim in every material matter, that the travel expenses were actually incurred by the traveler as necessary in the performance of official duties, that per diem claimed has been appropriately reduced for any meats or lodging included in the convention or conference registration fees claimed by the traveler, and that the voucher conforms in every respect with the requirements of this section. The original copy of the executed uniform travel authorization request form shall be attached to the uniform travel voucher on file with the respective agency. 2. Statements for travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health shall be on forms approved by the Department of Financial Services. (12) ADVANCEMENTS.—Notwithstanding any of the foregoing restrictions and limitations, an agency head or his or her designee may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements may include the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his or her duties. (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.—Whenever an agency requires an employee to incur either Class A or Class B travel on emergency notice to the traveler, such traveler may request the agency to pay his or her expenses for meals and lodging directly to the vendor, and the agency may pay the vendor the actual expenses for meals and lodging during the travel period, limited to an amount not to exceed that authorized pursuant to this section. In emergency situations, the agency head or his or her designee may authorize an increase in the amount paid for a specific meal, provided that the total daily cost of meats does not exceed the total amount authorized for meals each day. The agency head or his or her designee may also grant prior approval for a state agency to make direct payments of travel expenses in other situations that result in cost savings to the state, and such cost savings shall be documented in the voucher submitted to the Chief Financial Officer for the direct payment of travel expenses. The provisions of this subsection shall not be deemed to apply to any legislator or to any employee of the Legislature. (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING ORGANIZATIONS.— (a) The following entities may establish rates that vary from the per diem rate provided in paragraph (6)(a), the subsistence rates provided in paragraph (6)(b), or the mileage rate provided in paragraph (7)(d) if those rates are not less than the statutorily established rates that are in effect for the 2005-2006 fiscal year: 1. The governing body of a county by the enactment of an ordinance or resolution; 2. A county constitutional officer, pursuant to s. 1(d), Art. VIIi of the State Constitution, by the establishment of written policy; 3. The governing body of a district school board by the adoption of rules; 4. The governing body of a special district, as defined in s. 189.012, except those special districts that are subject to s. 166.021(9), by the enactment of a resolution; or 5. Any metropolitan planning organization created pursuant to s. 339.175 or any other separate legal or administrative entity created pursuant to s. 339.175 of which a metropolitan planning organization is a member, by the enactment of a resolution. (b) Rates established pursuant to paragraph (a) must apply uniformly to all travel by the county, county constitutional officer and entity governed by that officer, district school board, special district, or metropolitan planning organization. htt Hwww.Ie state.fl.us/Statutes/index.cfm?A ?App—mod la _Statute&Search Strin4 of 71/l/?019 P � g• PP_ P Y _ g..— Statutes & Constitution :View Statutes : Online Sunshine Page 7 of 7 (c) Except as otherwise provided in this subsection, counties, county constitutional officers and entities governed by those officers, district school boards, special districts, and metropolitan planning organizations, other than those subject to s. 166.021(9), remain subject to the requirements of this section. (15) CLASS C TRAVEL. -Moneys appropriated from the State Treasury may not be used to pay per diem or subsistence related to Class C travet. History. -ss. 1, 3, ch. 22830. 1945; ss. 1, 2, 3, ch. 23892, 1947; ss. 1, 3, ch. 25040, 1949; ss. 1, 3, ch. 26910, 1951; s_ 1, ch. 28303, 1953; s. 1, ch. 29628, 1955; s. 1, ch. 57-230; s. 1, ch. 61-183; s. 1, ch. 61-43; s. 1, ch. 63.5; s. 1, ch. 63-192; s. 1, ch. 63-122; s. 1, ch. 63-400; ss. 2, 3, ch. 67-371; ss. 1, 2, ch. 67-2206; s. 1, ch. 69-193; s. 1, ch. 69-381; ss. 12, 23, 31, 35, ch. 69-106; S. 65, ch. 71-136; s. 1, ch. 7Z-213; s. 1, ch. 72.217; s. 1, ch. 72.324; s. 26, ch. 72-404; s. 1, ch. 73-169; s. 1, ch. 74-15; s. 1, ch. 74.246; s. 1, ch. 74365; ss. 1, 2, ch. 75-33; s. 1, ch. 76-166; s. 2, ch. 76-208; ss. 1, 2, ch. 76-250; s. 1, ch. 77-174; s. 1, ch. 77.231; ss. 1, 2, ch. 77-437; s. 2, ch. 78-95; s. 51, ch. 79.190; s. 1, ch. 79-205; s. 1, ch. 79- 303; s. 1, ch. 79-412; ss. 1, 2, ch. 81-207; ss. 1, 2, ch. 83-307; s. 1, ch. 85-140; s. 1, ch. 87-407; s. 4, ch. 88-235; s. 12, ch. 89-291; s. 18, ch. 91- 45; s. 1, ch. 94139; s. 1403, ch. 95-147; s. 26, ch. 95-312; s. 5, ch. 96-310; s. 43, ch. 96-399; s. 23, ch. 98-136; s. 9, ch. 99-8; s. 7, ch. 99-155; s. 16, ch. 99.399; ss. 48, 53, ch. 2001-254; ss. 46, 79, ch. 2002-402; s. 2, ch. 2003-125; s. 123, ch. 2003.261; s. 49, ch. 2003-399; s. 5, ch. 2004-5; s. 32, ch. 2004-269; s. 23, ch. 2005-71; s. 12, ch. 2006-1; s. 6, ch. 2006-18; ss. 14, 53, ch. 2006-26; s. 1, ch. 2006-41; s. 3, ch. 2006-54; s. 2, ch. 2007-1%; s. 6, ch. 2008-6; s. 13, ch. 2008.153; s. 2, ch. 2010-4; s. 4, ch. 2011-143; s. 58, ch. 2014-22. Copyright (D 1995-2019 The Florida Legislature • Privacv Statement • Contact Us 5 of htt=l/www.le •state.fl.us/Statutes/index.cfm?APP_mode=Dis laY_Statute&Search_Stririg^71/2019 01Y CI" SEBAS- ! N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: February 1P, 2019 AGENDA ITEM TITLE: Pickleball Complex Construction Contract Approval RECOMMENDATION: Approval to authorize the City Manager to finalize the Pickleball Complex Construction Contract with Nidy Sports Construction Company through the National Cooperative Purchasing Alliance (NCPA) Agreement. BACKGROUND: At the December 12, 2018 City Council meeting the site plan design and location at Sebastian Municipal Airport for the Pickleball courts by Schulke, Bittle & Stoddard LLC was approved. Nidy Sports Construction Company through the NCPA Agreement has submitted a proposal for construction of the Pickleball Complex, including concrete work and the parking lot at a cost of $252,450.16. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: 5252,450.16 Amount Budgeted in Current FY: $409,938.00 Amount Budgeted in FY 19-20: NIA Source of Funds: Recreation Impact Fund and Discre ionar es T �� Administrative Services Department/CFO Review: Z-1 C, cr_ ATTACHMENTS: 1. Price Quote from Nidy Sports Construction Co. 2. Price Breakdown according to the NCPA Agreement City Manage uthonzation: Date: 76 of 78 SPORTS CONSTRUCTION Co. PROPOSAL SUBMITTED TO: BRIAN BENTON CITY OF SEBASTIAN PHONE: (772) 388-8231 NCPA National Cooperative Purchasing Alliance LOCATION: February 7, 2019 AIRPORT PARK PICKLEBALL 8 PICKLEBALL COURTS CONTRACT 08-07 ATHLETIC SURFACE SYSTEMS MAINTENANCE & CONSTRUCTION REGION 14 ESC Is job located within the city limits? ❑ no ❑ yes PAYMENT TERMS: Monthly Progress Payment based on Schedule of Values - 1%2% per month (18% APR) finance charge on all balances over 30 days. We propose to furnish material and labor according to the specifications below, for the sum of: $174,200 Material is guaranteed to be as specified and work will be according to standard practices. Changes from specifications involving additional costs will only be done upon a written order and will become an extra above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tomado, and other necessary insurance. Our workers are fully covered by Workers Compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days. ESTIMATOR: Jonathan Pang 8 Pickleball Court Construction Court Paved Area 170' x 1321 & 170' X 1321 1. Mobilization and Layout of courts. 2. Furnish & Install silt fence around perimeter of site, cover existing structures & inlets. 3. Strip grass & compact subgrade; spoils to be dumped & graded south of site (not removed from site) 4. Fumish & install (4) 80' runs of schedule 40 PVC electrical conduit, stub out 5' off court edge 5. Laser grade and compact subgrade 98%, includes densitv testing. 6. Furnish and Install 6" of Limerock on courts; Laser Grade and Compact 98%, includes density testing. 7_ Pave I '% " of asphalt on courts (non -Virgin, RAP mix). 8. Furnish & Install court fencing; all framework is powdercoated with vinyl coated chainlink. a. Fence will be 8' & 3 V' tall per plans with 4 walk gates, ton rail w/ bottom wire. b. Furnish & install 3 ''/P tall divider fence in the middle of courts. (1) run 50' long each court. C. Includes windscreen on all 8' fence. 9. Furnish and Install pickleball (8) posts and nets; complete with concrete footers & sleeves. 10. Flood courts with water, repair any defects per ASBA and USTA guidelines. 11. Install (2) coat of Acrylic Resurfacer by California Products. 12. Install (2) coats of Plexipave Color by California Products. (standard colors only) a. Nidy Sports is an Authorized Applicator for California Products. 12, Paint 2" regulation markings on (6) courts. (white paint) 13. Form, pour & finish approx.. 1,961 sf of sidewalk, canopy pad & ADA ramps as shown on plans, ADD $25,750 14. Fumish & install Canopy 16'x 24' ADD $57,750 or 16' x 34' ADD $66,500 (standard sizes) a. Steel framed structure w/ 24 gauge standing seam metal roof (no details provided) 15. Furnish & install Canopy 15' x 30' ADD $20,500 a. Steel tube poles w/ fabric roof (see attached, no details provided) 16. Construct 8,672 sf parking lot (6" limerock base, 1 ''/i' asphalt, wheel stops. stripe & signage ADI) $52,500. IT Grade site & prep for sod (sod & landscape by others) 18. Clean site City to provide all necessary clean till for this project delivered to job site. **EXCLUSIONS:, PERMITS, DEMO OF EXISTING FENCE OR STRUCTURES, LOCATES, SODDING, COURT or PARKING CURB, TRENCH DRAINS, IRRIGA TION MODIFICA TIONS, RELOCATION OF UTILITIES, DRAINGAGE PIPING or STRUCTURES. COURT LIGHTING or CONDUIT CLEAN FILL. TRASH CANS. BIKE RACKS** ACCEPTANCE: The above specifications, conditions, and price(s) are acceptable. I authorize Nidy to do the work as specified. DATE OF ACCEPTANCE AUTHORIZED SIGNATURE 1075 Florida Central Parkway #2200 Longwood 32750 . (407) 330-9466 • fax (407) 330-9343 • www.NIDYSP1?J7" JIB SPORTS CONSTRUCTION h?24 PROPOSAL SUBMITTED TO: BRIAN BENTON CITY OF SEBASTIAN PHONE: (772) 388-8231 NCPA National Cooperative Purchasing Alliance LOCATION: February 7, 2014 AIRPORT PICKLEBALL PARK 8 PICKLEBALL COURTS CONTRACT 08-07 ATHLETIC SURFACE SYSTEMS MAINTENANCE & CONSTRUCTION REGION 14 ESC Is jab located within the city limits? ❑ no ❑ yes PAYMENT TERMS: Monthly Progress Payment based on Schedule of Values - 1'/2% per month (18% APR) finance charge on all balances over 30 days. We propose to furnish material and labor according to the specifications below, for the sum of: Breakout Pricing Material is guaranteed to be as specified and work will be according to standard practices. Changes from specifications involving additional costs will only be done upon a written order and will become an extra above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workers Compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days. ESTIMATOR: Jonathan Pavo Task Pre -Con & Layout Prep & Undercut Site Stone Base Asphalt Paving Post Footers and Equipment 4 Coat Plexipave System 8' Fence w/ 6' windscreen Concrete (flat work &,ADA ramps) AIRPORT PARK PICKLPBALL 8 COURTS Quantity U of M Nidy Rate Nidy Price NCPA Co -OD Rate NCPA Co -OD Rice 2 DAY $1,005.00 $2,010.00 51,530.00 $3,060.00 1185 CY S20.00 $23,700.00 $20.40 $24,174,00 27513 SF $1.53 $42,093.89 $1.53 $42,094.89 27513 SF $2.90 $79,787.70 54.08 $$112,253.04 8 EA Court $2,724.50 $21,796.00 $3,570.00 $28,560.00 2093 W $9.33 S19,527.69 $10.20 $21,348.60 920 LF $41.07 $37,784.40 $75.00 $69.000.00 2411 SF $10.68 525,749.48 $20 $48,220 TOTAL 5252,450.16 $345,650.53 City to provide all necessary clears fill for this project delivered to job site. **EXCLUSIONS., PERMITS, DE110 OF EXISTING FENCE OR STRUCTURES, LOCATES, SODDING, COURT or PARKING CURB, TRENCH DRAINS, IRRIGATION MODIFICATIONS, RELOCATION OF UTILITIES, DRAINGAGE PIPING or STRUCTURES, COURT LIGHTING or CONDUIT, CLEAN FILL, TRASH CANS, BIKE RACKS** ACCEPTANCE: The above specifications, conditions, and price(s) are acceptable. l authorize Nidy to do the work as specified. DATE OF ACCEPTANCE AUTHORIZED SIGNATURE 1075 Florida Central Parkway #2200 Longwood 32750 • (407) 330-9466 * fax (407) 330-9343 • IwW:1VIDYSP"T9