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HomeMy WebLinkAbout08111999I i SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 11, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA IT/EMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK Individuals will address the Ci~ Council with respect to agenda items immediate~ before deliberation of the item by the CiO~ Council- limit often minutes per speaker (R-99-2J) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Pastor Frank Camillo - Police Chaplain and First Baptist Church I I I99.105 I 99.158 1-2 RO.[,~L CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR.DELETIONS) Items not on the written agenda may be added only upon a majority vote of Cio~ Council members (R-99-21) PROCLAM3TIONS. ANN_Oi~CEMENTS ANDtQR PRESENTATIONS A. Stat~ Representative Charlc~ Scmbler ~ Pm~ntation of Florida Recreation Development Assistance Program Ceremonial Grant Check B. Team Player Awards to City StaffMemba' Volunteers - 4th of July Float C~ITY ATrORr~Y_MATT~RS CITY MANAGER Mt~E.RS 99.159 3-7 Report on Indian River County Census 2000 Community Action Committee (Ginn Letter 7/22/99) i99.160 Discussion of Section I 0 of City Resolution No. R-99-21 - Verbatim Transcripts of City Council Meetings (No Backup) 9. CITY CLERK MATYEI~ 10. CITY COUNCIL MATrEI~ 99.159 3-7 9-31 99.161 $$-36 99.162 37-54 99.163 55-58 99,164 $9-61 99,143 63-66 99.135 67-68 11. Mayor Wininger 1. City Representative to Indian River County Census 2000 Community Action Committee ((}inn Letter 7/22/99) C. Vice Mayor Neuberger D. Mr. Barczyk E. Mr. Bishop ~ONSENT AGENDA AH itema on the c~t agenda are considered routine and will be enacted by one motion. There will be no separate discuazion of consent agenda ~ tmle~ a mesnber of City Cowwil ~o n~lUe~sts: in which event, the item will be remowd and acted upon zeparate~. A. Approval_of_Minutes - 7/21/99 Workshop, 7/28/99 Regular, 8/4/99 Budget Workshop Bo Resolution No. R-99-43 - Support for Indian River Lagoon Scenic Highways Program (City Clerk Transmittal 8/4/99, R-99-43) A RF_SOLU~ON OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, SUPPORTING DESIGNATION OF INDIAN RIVER LAGOON SCENIC HIGHWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-99-44 - Vacation of Easement - Gonsior - Lot 2, Block 4, Sebastian Highlands Unit I (Growth Management Transmittal 8/3/99, R-99-44, Application, Site Map, StaffReport, Utility Letters) A RESOLLrrlOlq OF THE CITY OF SEBASTIAN, llNDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF CERTAIN EASEMENT OVERLOT 2, BLOCK 4, SEBASTIAN HIGHI.ANDS, uNrr 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-99-45 - Final Plat - Fischer Lake Island Subdivision - Phase Tw~ (Transmittal 8/4/99, R-99-45, Final Plat Under Separate Cover) A RESOLUTION OFTHE CITY OF ~, INDIAN RIVER COUlqTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE il; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Prior Approval for Councilmember Ncuberger to Attend Florida League of Cities Conference - Orlando - August 19-21, 1999 in Aceordance with Section 2-34 Code of Ordinances and State Limitations (City Clerk Transmittal 8/2/99, Conference Information) Fo Request for Community Center - Operation Hope-Ministry of Freedom Christian Center, inc. - Fundraiser - 7/17/99 - 7:30 pm to Midnight - Use AtLer 11 pm and Charging Admission Fee Requires Council Approval - Security Deposit Paid - Forms Provided for Police Personnel (City Clerk Transmittal 8/2/99, Application, Excerpt ofR-98-43) Approve Date Change for Chamber of Commerce Summer Concert in Riverview Park to August 28, 1999 and Authorize City Clerk to Coordinate Any Future Date Changes for Council Approved Uses (City Clerk Transmittal 8/5/99, Chamber Letter) I I I I I 99.146 69-84 I i 99.155 85-88 I I I i I I 99.105 89-91 I 99.165 95-96 I 99.166 97-98 I99.145 99-101 12. 13. 14'. ' 15. 16. PUBLIC HEARING ProceMure. s for public h~arings: (R-99-21) · Mayor Opens H~anng · Attormry Rtadt Ordirtance or Resolu~on · StaffPr~,ntation · Public Input - Limit often Minute~ Per Spe~an, · StaffSummation Mayor Clos~ Heanng · Council Action Anyon~ 14~hing to Spade it Asla~ to Sign Up before the Meeting, llrhen Called go to the Podium and State Hit or Her Blame for the Record Ordinance No. 0-99-05 - l~liminatiag.$2.50 Cap on U~i]il:y Tax - Sccon4 Reading and Public Hearing (Citg Atlom~'y Transmiital 7/7/99. Pr99oa~d 0-99-05) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REMOVING TI-tE CAP ON PUBLIC SERVICE TAX; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. (F'u~.t R~ading 7/14/99, Advertisent 7/28/99, Public Heating & Adoption 8/I 1/99) Ordinance 1~I9- O-99-09 - Amending Land ~lopment Cq~te to Allow R.V Sl;orage in R.-MH Di~tljct~- l~irst Public Hearklg - Second Public Heari~gis'ScheO~ied for ~/25/99 (_CiB' Attom~, Iransmittal. 0-99-093 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING .THE LAND DEVELOPMENT CODE BY CREATING SECTION 20A-3.7.G, COMMON VEHICULAR STORAGE AREAS W1/TIIN THE R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Flint Rmdin$ 7/28/99, Advertised Display 8/3/99, l~t Hearing 8/11/99, Will Be Advta'fia~ 8/18/99, 2nd Hm8 Schoduleat for 825/99) INTRODUCTION OF NEW BUSINESS FROMTiIE PUBLIC Item that ha~ occurred or wa., discovx, red within the previoua aix montl~ which is not otherwise on the agenda required - limit of te~ minutea for each speaker C..Q,MMITYEE R.F2ORTJS/RECOMMENDATION$ OLD BUSINESS - None NEW BUSINESS Approve Addendum to Option for Purchase Agreement for Good Guys, Inc. Property (City Manager Memo 8/4/99, Addendum A) Re~hedule November and December City Council Meetings Due to Holiday Closings (City Clerk Transmittal 7/19/99, Calendars) Award Bridge Repair Bid to Low Bidder CEM Enterprises, Inc. (Public Works Transmittal 8/4/99, Bid Tabulation Form) Approve Change Order to F¢ILx Equities Barber Sa'eet Sports Complex (BSSC) Site Development Contxact - Pave Parking at BSSC South in the Amount of $20,016.50 (Public Works Transmittal 8/3/99, Change Order # 1) 99.082 105-115 99.147 F. 115-128 17. First Reading of Ordimmce No. O-99-12 - Amending O-99-03 Water Restriction Plan (City Attorney Transmittal 8/4/99, Proposed Ordinance, Revised Water Plan Text, Memo to Council 8/4/99) AN ORDIRANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RF_.STRIC~ON PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABE1TY; PROVIDING FOR AN EFFFA2~ DATE. Review False Alarm Ordinance and Direct Staff (Indian River County Ordinance) ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Counci0 ANY PERSON WHO DEC2DES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WlTH RESPE~ TO ANY MATTER CONSIDERED AT THIS MEEI1NG (OR HEARING) WiLL ~ A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBAT1M RECORD OF THE PROr~FI~DINGS iS MADE, WHICH RECORD INCLUDES THE TESIlMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F. S.) 1N COMPLIANCE V/ITH THE AMERICvlNS W1TH D18ABR277ES ACT (ADA), ANYONE [fifO NRRiO8 A SPECIAL ACCOMMODATION FOR THIS MEEIING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589.$330 AT LEAST 48 HOURS IN ADVANCE OF THIS MF~ETING. Hearing Assistance Headphones are Available tn the Council Chambers for all Government Meetings. Ugeo~ing Meetimzs: · Work. shop -Budget- Wedneaday, 8/18/99- 7pnt · Regular Meeting - Wedne. rday, 8/25/99 - 7pm · Regular Meeting. Wednesday, 9/8/99 - 7pm · Special Meeting. Ist Budget Hearing- Thursday, 9/9/99- 7pm · Regular Meeting and 2nd Budget Hearing - Wedneaday, 9/22/99 - 7pm 4 ! ! DATE: TO: FROM: City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 July 8, 1999 SUBJECT: Terrence Moore City Manager tr~ Rich Samolewi~ Director of Human Resources Letter of Commendation Saturday, July 3, the City of Sebastian 4th of July Parade took place. The parade consisted of many vadous groups, vehicles and floats that lined Indian River Drive for several blocks. The City of Sebastian was pmudty represented in the Parade by a City Float that had been planned, built, and painted by several of our employees. The employees who volunteered to work on the float did so on their own time after their normal .work day and on weekends. The following is a list of names of those employees Who 'volunteered their time. Steve Aibo Ann Brack Cathy Bdcker Jody Bdcker Bo Clark Jerry C~3nverse Joe Dillon Bucky Gerber Steve Jennings Mike Nicholson Jerry Pollifrone Mark Sanders John Tenemwicz Mark Veldt Nancy Veldt Public Works, Roads and Drainage Growth Management Department Finance Department Public Works, Roads and Drainage Public Works, Roads and Drainage Public Works, Assistant Director Police Deparl~'nent Building Maintenance Public Works, Roads and Drainage Public Works, Parks Department Golf Course, Cart Attendant Public Works, Parks Department Public Works, Roads and Drainage Public Works, Roads and Drainage Finance Department The undertaking and ~mpletion of this project cleady demonstrates the quality of people that the City of Sebastian has in its worldorce. Their loyalty and dedication to the City are truly commendable. For their actions as stated above I recommend that they each receive a copy of this commendation for a job well done. Additionally, I recommend that each employee receive a certificate of appreciation for exceptional commitment to teamwork and outstanding performance in a group effort for their preparation of the July 4, 1999 City of Sebastian Parade F]oat. CC: Greg Gardner, Golf Pro Manager Tracy Hass, Director of Growth Management Terry Hill, Director of Public Works Mark Mason, Director of Finance Randy White, Chief of Police I I I I I I I I I I I I I I I I I BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 " July 22, 1999 . '~ CiW H~I 1225 M~n S~eet Seb~ti~, FL 32958 De~ Mayor Wini~ger: As m~dated by ~e U.S. Cogitation, ~e Udted States Cereus B~eau is req~ed to t~e a census eve~ ten ye~s. ~e Ye~ 2000 census co~t is scheduled for April 1, 2000. Sbce ~e tod co~ ~11 affect ~e mo~t state govemenB may receive of federfl ~d me local over the next ten ye~s, ~d flso ~ect h~e redisdcting ~d representation at ~e state ~d federal levels, it is ~po~t to ensue ~at eveu resident of its co~i~ is co~ted. At ~e meeting of J~e 15, 1999, ~e bdian ~ver Coun~ Bored of Co~ Co~issioners ~mously voted to establish &e bdi~ ~ver Co~ Ce~us 2000 Co~~ Action C°~ee to se~e ~til J~e 2000. ~e Bored is requesting representatives ~om fll five municipalities plus ~e Sou~ B~er Isled. ~ey flso appobted Supe~isor of Election, Kay Clem, to se~e ~ a member ~d appointed Co~issioner C~oline Gi~ to act ~ the Bond's representative. ~e Bored is reque~g thru each mmcipali~ nme a repr~entative to se~e. A~er you have made yo~ selection, plebe send notification to ~s office ~ Monday, Au~ 16, 1999. A tentative meeting is scheduled for ~sday, September 9, 1999, in Cofference Room B, 1840 25~ S~eet, Veto Beach, Flofid~ ~d offici~ notification Mil ~ohow. Should you have ~y questions or concerns, plebe feel flee to contact me at 567-8000 Ext. 1490. Sincerely, Bo~d of Cowry Co~issioners i I I I I I I I I i I I I I I I i I i 1 I.A. CENSUS 2000 COMPLETE COUNT COMMITTEE The Board reviewed a Memorandum of Jtme 4, 1999: TO: FROM: SUBJECT: It ~S reqm~m~d that tl~ data her~n p~sented b~ p~ fo~ ~ion by ~c Bo~ of Coumy D~CRI~N A~ CO~ITIONS cv~ ~ ~ ~ y~ 2~ ~s~ c~t is ~dul~ f~ A~i 1.2~. Since the to~ count wile aff~ ~ ~o~t of fc~ ~d ~e fM ~ i~ ~v~ ~y ~ve over ~ {cvcfs.. is i~t f~ ~h I~ ~ov~t to'~ ~ ev~ ~nt of {u co~un.y count~ To cncoorago all ~idems to pmicipate in th~ Census 2000 count and ~-tum {heir completed applic~ions, tl~ Bu~au of tl~ Ccnsu~ r~ that each Ior..M L~vemmunt establish a complete count cornafin~e~ * Complete Count Commitlee A Complete Count Committee is a mjor vehicle for plannm$ and implementing loc31, t,~gcted efforts ~ will uniquely addr~ the special c. hara~mi~fics of a community. T~ role of the Compile Chum Conu~u~ will ~. to plan ~d ~ a Io~lly, ba~d promotion to publicize the impoflance of Cc~us 2000. The uhimme M of ~ conmuuee is to ~ci~Jeve wideslnT, od pardcipauon in d~ ~ for ~ beuorn~-nt of th~ county and ilS rmsidefllS. The ¢onmuunc c~m aim pmvid~ conununiiy bcnefm beyond she CnSUL Ac~ordin{ to Census ,~-omm~on~ a la:al Complete Cmmt Consniu~ shoukl: · Active{y involve lnadem% from a crms.sa:fina of ~h~ conuramity, including those of the po~ulatiun which are mo,, difflc~ to cnume~, in ord~ to SUmukJ,,, ~.~poflse to the · Md~e ~l emplo.~ awan~ of Ibm c'~utts thro~sh an {ntema{ pron~iun c3mlmal_t,n. 0 L~:~.aliz~ and augmunt ~hc vanous nmiona{ outreach and publicity pmj~--l.m. ~ivitics and events cund~ by the Canmus o Coordinate Io:11 promotional ncfiviti~s with th~ timin! of various Census Bumsu {]cid op~om and Ic~ I~'-~1 premm,on and pamcipatiun aliv~ thruugh all pha~-~ of the l:,tmblimhed by the iota{ ele~ed body. thc Compile Count Conunitte~ should be comprised of key mf{uenfin{ community tenders, including ~m~senlalivem from L'~vernment, cduention, media. community and n:Jigioum orgnraizMion$, and busines$~. The Complcf~ Coun! Com.u~,c~ shou{d r,:flc~l thc tm{x~tancc of cooperauve dforls bctwcun mt~u and {o~a{ Kov~nmenu, and thc Cmflmus Bureau. JUNE 15, 1999 -16- o Rule of tl~ L4~nl Comldet~ Cmml Comndltae M~ ~ in ~ c~unRy ~w~ o(C~ 2~ M~ ~ c~nlty to pmzci~ by fillifl~ ~z ~ ~ f~ ~ ~tummg Obj~vu d h ~ ~t ~ ~ C~ B~'S ~nt to confi~ m ~ inc~t ANALY~S pn~pal p~ of ~ c~. ho~, is to ~mge I~$ ~ to ~i~ m the ~u-NE 15, 1999 -17- RJ~CO~ATION Staff m~onuncnds Ihat ~he Board of County ConmUsstonc~s esulblish · Compl~ Count wlih Ihg following · ~ I~ co~ should ~ c~l~ "~ ~w C~y C~m.2~ Co~uni~ Acuon · ~e co~$~ ~] ~e until Junc · Co~t~ s~l have ~ ]~[ have eleven mc~. ~d ~ should consisz of: One mpre~mmive from the Bo~ud of County Commissional3 Five leJdgrs from a~e~ of me county with a hi~ pcrcmrsgc of msnonues, *2 from Oiffon~ ama '1 ~om Oslo ama ~ - * I fTOm W~USO am,, ' 1 from l~llsn~*m mca Community Development Director Bob Keating noted that t~is will be a state-wide committee and Florida Association of Counties has recommended it be established. He asked that Kay Clem, Supervisor of Elections, be added as a committee member. Chairman Macht suggested that representatives of Indian River Shores and the South Bamer Island be added as representatives for the County's semi-permanent residents. Commissioner Adams felt that a representative fi.om each municipal government should be named, as well as a representative fi.om each of the areas considered to be undercounted. JUNE 15, 1999 ON MOTION by Commissioner Adams, SECONDED by Commissioner Stanbridge, thc Board unanimously established thc lndisn _River Coun~ Census 2000 Community Action Committee to serve until June 2000 as recommended by staff; with the addition of Kay Clem, Supervisor of Elections, and representatives from all 5 municipalities plt~s South Barrier Island; and appointed Commissioner Caroline Ginn to act as thc Board's representative. -IS- ! I SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JULY 21, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 12:~5-MAIN STREET, SEBASTIAN, FLORIDA Mayor Winlnger called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited and there was a moment of silence. ROLL CALL City Court, il Present; Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Joe Barc, zyk Mr. Ben A. Bishop City Council Mr. Edward J. Majcher, Jr. (excused) 5taff Present: City Manager, Terrence Moore City Attorney, Rich Stringer Chief of Police, Randy White Finance Director, Mark Mason Human ~ Director, Rich Samolewicz Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley City Council Workshop July 21, 1999 Page Two 4. WORK,~I;IOP ITEM~ 99.147 A. Presentation 1;F Sgt. l~0n Kramer - ln~lj~ River Counl3r AlatTn Control Qrdinance On behalf of Sgt Kramer, who was unable to attend the workshop, Sandy Shields, Indian River County Sheriff's Office, distributed an information packet entitled "False Alarm Reduction Program" (see attached); and gave a very informative presentation on the Sheriff's Office decision to particpate in the Model States Program and ultimate adoption of County Ordinance 99-10, which goes into effec~ on October l, 1999. She cited the need for the program in light of ever increasing taxpayer money and police officer time spent on false alarm calls, and noted that public education is the key to the program's success. Diseussio~ f~llowed on the manner in which the City could participate. The City Attorney said the City could adopt the County's ordinance, and approve an interloeal agreement to set up a method to utilize the County's services for administnstion of the program but receive funding for fines imposed within the City. Following Ms. Shield's presentation, it was the consensus of City Council to obtain a copy of the County ordinance for review by Council and staff. The City Manager said he will provide a copy of the ordinance as an attachment to his Friday information letter; and will place the item on the August 1 l, 1999 agenda 99.043 Exeml2t_Emplo~,~ Salary Surv~ (City Manager Memo 7/7/99, Sur¥~,) The City Manager said he had distributed the proposed pay scales (see attached) as a means to obtain City Council feedback and had no recommendation at this time. He said once Council has reviewed the process of establishing salary ranges he will come back with a recommendation. Council concerns were expressed relative to comparisons with different size cities, varied job descriptions, whether job descriptions have been established to fit specific persons, whether people in positions meet minimal qualifications, and the method in which adjustments will be made within approved scales based on qualifications and longevity. TAPE I - SIDE II (7:46 p.m.) Discussion continued with input from the City Manager, Human Resources Director and Finance Director relative to the fact that each person will be evaluated by the City Manager for proper placement within the scale, and the difference between the 3% step and 5% step SCales. City Council discussion continued relative to public concerns that proposed percentage increases are greater than the general public receives, the differences in subordinates among cities surveyed, City Council's responsibility in establishing pay ranges, and concerns that department head increases be given in the public. The City Attorney said it is actually the City Manager's function to set grades, but that the City's code still requires City Council to adopt job descriptions and that he will come back with a revision to this. He went on to state that this is before the Council now because it will have an impact on the budget and has not been addressed for some time. City Council Workshop July 21, 1999 Page Three Discussion continued on whether exempt employees had any cause of action if their salaries were reduced, and whether the City wanted department heads making more than Charter officers. The City Manager reiterated that he will come back with a recommendation at the next regular meeting and will propose phasing in the new ranges in the Fiscal 2000 budget. 5. Being no further business, Mayor Wininger adjourned the workshop at 8:38 p.m. Approved at the _ _ ~ 1..999, Regular City Council Meeting. Martha S. Wininger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk ! i SEBASTIAN CITY COUNCIL MINUTES REGUIa~ MEETING WEDNESDAY, JULY 28, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Wininger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Mr. Don Maddox, Cornerstone Baptist Church. ROLL CALL City Council Present: Mayor Martha S. Wininger Vice Mayor Chuck Neuberger Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. StaffPresent; City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Chief of Police, Randy White Public Works Director, Terry Hill City Engineer, Martha Campbell Finance Director, Mark Mason Human Resources Director, Rich Samolewicz Building Director, George Bonacci Growth Management Director, Tracy Hass Deputy City Clerk, Sally Maio Regular City Council Meeting July 28, 1999 Page Two AGENDA MQDIFICATIONS (ADDITIONS AND/OR DELETIONS) ltenu not on the written agenda may be added onb, upon a majority vote of City Council members (R-99-21) Nolle, 6. PROCI~AMATIONS, ANN~)UNCi~]~IENTS AND/OR PRESENTATIONS 99.148 A. Presentation of Certificat~ of Appreeiatiol~ - Robert C(ockett, B. gard of A~ustment Mr. Crockett was not in attendance. 99.149 [pdian Rivet Lag~gn Scenic Highwa~ Program,- Presentation by Commissioner Fran Adams. Ted Moorehead, Chairman. 0f Citizens A_~lyiso~y Group.and Brad Smith. Chairman of Public Relations Sub~uunittee Indian River County Commissioner Fran Adams, along with Brad Smith gave a presentation on the Indian River Lagoon Scenic Highways Program (see 7/27/99 letter distributed at the meeting). Mr. Moorebead was unable to attend the meeting Mr. Smith briefly described the program and read a draR resolution Commissioner Adams requested City Council support and urged citizen participation in the effort. It was the consensus of City Council members to support the program. The City Clerk stated that the resolution would be placed on the next agenda for adoption. CITY ATTORNEY MATTERS Reported on the several pending lawsuits for which Florida League of Cities is representing the City and requested authorization from Council to represent the City as liaison. City Council concurred. Received consensus for a Chamber of Commerce request that the question on the Chamber building be submitted to the Attorney General for an opinion, noting the Chamber would stand by that opinion. 8. CITY M~qAGER MATTER~ Announced the public information meeting on Thursday at the North County Libraxy relative to the public utility tax. Reported on an alligator seen ia the area of Winn-Dixie, stating he had contacted State Fish and Game. 2 I Regular City Council M~ting i July 28, 1999 Page Three I 99.132 A. Additional CQPS Officer P_osition- United States Department Qf Justi, ce Uoiversa[ Hiring Drogram (UH~) (City Manager Memo 7/17/99.~Police ~hief Memo 7/8/99) I The City Manager presented his support for the grant opportunity to obtain the services of an additional police officer, which, he stated, is still available to the City. He received consensus of Council for Chief White to give a brief address. The City Attorney noted there was no prior Council i action on this item, rather there was a motion to approve which received no second. Chief White gave a brief overview of current police services, and briefly reviewed documentation I relative to officer to population ratio, increasing population, and the 25.1% increase in arrests from 1997 to 1998', in furtherance of his request for the additional position. I The City Manager said this is the only position being requested for fiscal year 2000, and expl'ained the Community Oriented Policing (COPS) grant program. 'l City Council discussion followed on the need for another officer, and the need for the MACE officer. Lieutenant Ed Glaser, Multi Agency Criminal Enforcement (MACE) program, explained the grant I funded progran~ TAPE I- SI'DEli (7:47p. m.) I "'. The City Manager stated the total grant is $75,000 over three years and explained the City s anticipated contribution over the period. The City Attom~ advised that City Council could take action on this item tonight. I Chief White said the standard startup cost for a new officer is approximately $38,000. MOTION by Bishop/Barczyk "I'm going to make a motion to direct the City Manager to proceed with the COPS grant" i ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - nay Mr. Barczyk - aye i Mr. Bishop - aye Mr. Majcher - aye I MOTION CARRIED 4-I (Neuberger - nay) i i 3 I I i Regular City Council Meeting July 28, 1999 1 Page Four 9. CITY CLERK MATTER~ I Reported that the proposed charter amendments are on the City web page. 10. CITY C,,.QUNCIL MATTERS A. . Bishop . ' 1 MrRepotted on the successful Chamber of Commerce concert and thanked the Chamber, City s ~t ~afi~'_ and ~11 involved. B. ,Mr. Milicher Asked about placement of bike racks on the Riverfront. . I *Reported on a problem with brush fu'es and hydrants being turned on in the south 'side of the City, assuring that all precautions are being taken by all agencies, . Reported on the County grant for the north county pool, his visit to a site in Ft. Lauderdale, suggesting that they be contacted for a site plan for review. The Growth Management Director stated the bike racks would be in by the end of next week. ... C. Mayor Whl~nger- 1 o Thanked Louise Kautenberg for her positive letter to the editor - Responded to concerns expressed by a citizen regarding a conversation her husband and a former councilmember had at a local bank. ' ' 1 . Disenssed the Ginn letter regarding the need for a representative on the newly formed Comus Committee. The City Clerk was directed to copy the letter to all Council 1 members and City Manager. The City Manager was directed to place the item on the next 1 agenda. . Dismssed a call from a citizen regarding the need for better coordination with County l-~gatding swale work. · * Asked about the parking lot capacity at the Community Center. Chief White said people sometimes park on the adjacent site and side streets. . Requested an update on review ofdty right-of-way weight restrictions. The City Attorney responded that state restrictions are in place, and that the City can impose weight and then provide for weighing. The City Manager said he can put this item on an agenda for an upcoming regular meeting. 1 . Requested an update on placement of porta johns in City right-of-way. The City Manager said he will also place this item on an agenda. I ~ 4 I 1 Regular City Council Meeting July 2~, 1999 Page Five D. Vice M~or Neuberger Reported on Metropolitan Planning Organization Meeting and provided information to the City Clerk for public review. Discussed police vehicles parking on sidewalks, Discussed a "City dump" developing on airport property by city staff. Expressed concera about the Indian River County tax increase being credited to Emergent Management needs in the north county. E. Mr. Bare~yk Reported on the Treasure Coast Regional Planning Council meeting and provided documents to the City Clerk for public review. Urged public attendance at the next Charter amendment public hearing on August 24; 1999. Said he has been receiving calls regarding placement of porta johns at construction sites. The City Attorney said there is state law that gives state and county fight to remove items in right-of-way but this is not provided to cities, however, city regulations can be imposed. 11. CONSENT AGENDA All items on the consent agenda are cortsidered routine and will be enacted by one motion. There will be no separate di~u~on of cort~t agenda item~ unle~ a memtm, of City Council so r~tests; in which eveng the item will be removed and acted upon separate&. 99.150 Approval of Minutes - 7/14/99 Regular Meeting, 7/21/99 Workshop Approve Resolution No. R-99-41 - Requesting Consideration of Historic Significance of Buildings by Board of Adjusanent (City Attorney Transmittal 7/22/99, R-99-41) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING CONSIDERATiON OF HISTORIC SIONIFICANCE OF SITES IN VARIANCE DETERMINATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager n~l the coaseat agenda, and the City Attorney read Resolution No. R-99-41 by title. Vice Mayor Neuberger removed item A. MOTION by Bishop/Majch~ "I make a motion to approve Resolution No. R-99-41 requesting consideration of historic significance of buildings by Board of Adjustment." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 R~gular City Council M~ting July 28, 1999 Page Six It~m_A - Minutes Vice Mayor Neuberger recommended amendments to the July 14, 1999 minutes as follows: page 3 - Vice Mayor Neuber_ ge, r,,Matters change "addressed" to "approved" page 8 - item 99.144 - change $1,685" to "11,685" MOTIO,N,, by Neuberger/Barezyk I make a motion to approve." ROLL CALL: ' Mr. Barczyk - aye Mr. Bishop - aye Majcher -aye - - Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 12. I~UBLIC I-II~AIlIbIG - None ' 13. LNTRODi. I~JION OF NEW BUSINESS FROM TIII~ PUBLI(~ ' Item that ha~ occurred or wa,, disco~tr~d within the previou~ si~ months which is not otherwise on th~ agenda - ~ign-up required - limit often minute~ for each ~l~aker Joseph Scarpa, Englar Drive, Sebastian, discussed the problem with people speeding on Englar Drive; and the '. ", need for additional police offieem due to an increase in drug use in the City of Sebastian. Mayor Wininger requested that the City Manager have the City Engineer look into the need for the stop signs. Maureen Cummings, Englar Drive, presented a letter (.dee ropy attached), and concurred with the need to slow down traffic on Englar. The City Manager said he will have the Chief increase police patrols and the City Engineer to review the mai:tea'. - SI]DE I (8:35 p.m.) TAPE Vice Mayor Neuberger stated, for the record, that he was in favor of addressing this speeding problem. Don Studlcy requested to address Council, however, it was the consensus of Council to advise him that procedures require that he sign up to speak if he wished to bring new business to Council, and that he may speak during any item on the wfinen agenda. Mr. Studiey said he would like to speak at the August 11, 1999, under Introduction of New Business from the Public. 6 Regular City Council Meeting july 2s, 1999 Page Seven 14. COMMITTEEREPORTSIRECOMMENDATIONS 99.056 A. BOARD OF ADIUSTMEN~ 1. I~tervi~v. Unless Waive~L and Apl~oi~t Two Altcm~Ie Member~ with Tcrv~to 6/2002 (City Clerk_Transmittal 7/19/99, Four &pplications. Mcmb¢c List. Ad) City Council interviewed applicants Paul Duffy, Byron Elsebough, Joseph Generazio, andLouise MOTIO~ ,~. Bishopf~ininger I d like to make a motion, that we appoint Louise Kautenberg to the Board of Adjustment as an alternate, term to expire 2002. ROLL CALL: Mr. Bishop - aye '. Mr. Majcher - aye ' Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 MOTION,,,b,y Majeher/Neuberger ,' · I Il make a motion that we nominate Paul R. Duffey, since he s a newly candidate of Sebastian, with credentials, to the position on Board of Adjustments for the year 2002 as an ROLL CALL: Mr. Majcher - ayo Mayor Wininger o aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 Mayor Wininger called recess at 8:50 p.m. and reconvened the meeting at 9:04 p.m. All members were present. Regular City Council Meeting July 28, 1999 Page Eight 15. OLD BUSINES~ ' 99.o43 A. Exempt F, IRpl~ Salaries (City Manager TraRsmittal 7~22/99. City ~anager Memo 7/22/99 W/gtttoghment,.PD Memo 7/~ 1/99~ The City Manager presented his recommendation for establishing exempt employee salaries, stating this is not tied to the removal of the utility tax cap. He described the method used in establishing the 3% proposed seale, cited the differences in department head contractual arrangements entered into by prior administration, and noted the total cost for the increases will be approximately $22,000. He said the Police Captain and Lieutenants salaries are recommended to be tied into the PBA contract. Walter Barnes, Sebastian, urged approval of the salary structure to allow the City Manager to operate; and commended the City Manager and his staff. ' Louise Kautenbcrg, Sebastian, encouraged Council to carefully consider the proposal to make the City more professional and competitive in the job market. Thc City Manager explained the PBA contract and his proposal for percentages. City Council discussion followed. Mayor Wininger asked about the legality of thc sixty day termination cl,a_use in employment '.- agreements; and the City Attorney said he questioned the City Manager s providing for a dollar amount beyond his legal authority. Mayor Wininger suggested that termination pay be provided upon Council approval. The City Manager responded to questions regarding placement of positions within the scale which are above the average minimtun; TAPE ;[[- SiDE II (9:3 7p.m.} the possibility of thc City Engineer becoming a department head; the comfort he feels about the proposal presented; and the ability to address salaries in the future in the event of a future disaster. Mayor Wininget suggested that employees receive actual cost of living. The City Manager advised that the cost of living comes into play in the budgeting process. . Discussion took place on tho need to delete certain provisions of the Code relative to Council approvals for personnel matters. The City Manager said, if approved, this will be the policy in place for exempt employees. 8 R~lar City Council M~.in§ July 28, 1999 Page Nine MOTION by Bishop/Barczyk "I would like to move that we approve the City Manager's recommendation for exempt employee salaries as submitted in his memo dated 7/22/99 w~th attachments." ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 MOTION by Bishop/Barczyk "I would move that we adjust the captain's and lieutenants' salaries to make the contract in line w/th thc PBA contract and that would take cfi(ct fiscal year 2000." The City Manager clarified 5% for 1999/2000; 3% for 2000/2001 and for August 1, 1999 what is curreafly in place for PBA (7%). ROLL CALL: Vice Mayor Neuberger - aye Mr. Barezyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 Mayor Wininger noted it is helpful when reco~ motions are in the packet 16. blEW BUSINES~ 99.105A Approve and Au~orize City Managex to Execute Grant A~,ard Agreement - Florida Recreation Developm¢~ Assistance Program Project - "Good G~s" Property Acquisition (City Mgrt0gcr M_e,~9 7/17/99, Agrccraeot} MOTION by Barczyk/Majcher "I'd like to make a motion that we approve 99.105 agree our City Manager to pursue the agreement to accept grant award Florida Recreation Development Assistance Program for the City park down there." Regular City Council Meeting July 28, 1999 Page Ten ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 99.10SB B. and Authorize CiO Manager to Execute Agreement for Optiort to Purchase GOod Guys, ~neL Proper~ A~nt to Riverview Park (City Manager M~jno 7/21/99. Agreemen0 The City Manager said he will he making a presentation before the County Commission to solicit additional funding, and noted there is a proposal for Preservation 2000 funding. The City Attorney said the City could request an extension to the first fight of refusal, and the'City Manager suggested approval contingent upon revision of date references as follows: October to December, November I to January l, and December 31 to March 3 I. It was noted the $5000 would be applied to the purchase. MOTION by Majcher/Neuberger "I make a motion to approve and authorize the City Manager to execute agreement for option to purchase Good Guys, Inc. property adjacent to River(view) Park with amendment~that was ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barezyk - aye MOTION CARRIED 5-O 99.151 C. Bid fox pre-Engineered Metal, Storage ]3uilding to Jim ~/'right Constrltg)j.on ~ Se Amount of $$7~620 ~ublic Wgr}~ Transmittal 7/20/99, Bid Tabulati~n'~ MOTION by Wininger/Neuberger 'TII move to award the pre-engineered metal storage building to Jim Wright Construction in the amount of $57,620." ROLL CALL: Mr. Majcher ~ aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 10 Regular City Council Meeting July 28, 1999 Page Eleven 99.152 D. 99.153/ E. 98.001 ApProv~ Cooperative l[h~rchasing. Vi.0."piggvback" Syqtem fol' Office Supplies from Qffic¢ Depot ftomMaster Agreement#56296 (Assistant to CjW Manager/Purchasing Transmittal 7/20/99) MOTION by Bishop/Barczyk "I would move to approve the "piggyback" purchase of office supplies from Office Depot as ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 ~,pprgv~ Resolution NO~ R-99-42 - Approving Salt Qf F_al~on Cable to Charter C..o. IllmU~jqatior~, ~ne. (Cikv Attorney T~ttal 7/22/99~.R-99-4~,.(~itv Alt_.otney Memo 7/8/99. O~er Docum~nt~ for Revi~ in ~ity Cl~xks A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTINO SALE OF FALCON CABLE TO CHARTER COMMUbffCATIONS, INC.; PROVIDING FOR CONFIZCT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-42 by title. Maureen Cummings, Sebastian, asked if rates will go up if approved and it was noted that the City has no control of rates. Tom Wojciekowski, Sebastian, objected to Falcon's service. Ken Vickers,,Falcon Cable, addressed Council on the pending sale. MOTION by Bishop/Barczyk "I move to approve Resolution No. R-9942." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majeher - aye Mayor Wininger - aye MOTION CARRIED 5-0 11 Regular City Council Meeting July 28, 1999 Page Twelve 99.154 F. First Rvadi~ of Ordinance No. 0-9~-06 - Amending ~hapter 66 Nuisance - Sch~ule Second Rcafljog and Public Hearing for 8/25~/99 (CiB, Attorney Tr~smitta[ 7/28/99, O-99-06} AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~INO CODE OF ORDINANCES CHAPTER 66, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDiNG FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-06 by title and explained the amendments. The City Attorney'noted a scrivener's error on page (circle 82) "officer" should read "official". MOTION by Neuberger/Majeher "I'd tike to make a motion to approve Ordinanc~ O-99-06." The City Attorney inquired, "On first reading and setting the public hearing?" Mr. Neuberger responded, "yes." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 99.078A G. Fh'st Reading of Ordinanc~ Nq, Q-99-07 - Amending Comprehensive Lan4_Use Plan fgr ~;urplus Cemetery Proi~.ea~ WestofUS 1 from In~0~tionai to Kjverfront Mixed Use - ~chedule Second. Reading and P~lblic J-Jeariog for $/25/99 (Small $~Le AmcMracn0 (City AItomey Tro~smittal 7f22/99_O-99-OT~ AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAIVD USE MAP TO RMU (RIVERFR~ MIXEDqJSE) FROM INS 0NSTITLrrIONAL) FOR LAND CONSISTING OF 1.0:2 ACRES, MORE OR LESS, BEING A PORTION 01: LOT 27, TOWN OF WAUREGAN PLAT; ALrrHoR17.IlqG FINDiNGS AND ADMINISTRATIVE ACTIONS THERETO, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-07 by title and noted the matter is not quasi-judicial. MOTION by Neuberger/Barczyk "I make a motion to approve Ordinance O-99-07 set the fwst hearing, set the second hearing for 8/25/99 meeting." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 12 Regular City Council Meeting July 28, 1999 Page Thirteen 99.078B H. First R¢~ir~g of Ordinance_hlg~ 0-99-08 - Rezoning Surplus_Cemetery Property West of LIS 1 from Public Service to Commercial General - Sc_he~tl~ ~ff, o..nd Reading and Publi~Hearing for 8/25/99 (Cikv Agotney Transmi~tsl 7/22/99, 0-99-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY CONSTrrUTING A PORTION OF LOT 27, TOWN OF WAUREGAN, CONTAINING 1.02 ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO CO (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-08 by rifle. MOTION by Wininger/Neuberger "I'll move to pass Ordinance 0-99-08 on first reading, schedule second reading and public hearing for 8/25/99, and authorize City Clerk to advertise for same." ROLL CALL: Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barezyk - aye Mr. Bishop - aye MOTION CARRIED 5-O TAPE IiI- $1DE I (l O:22 tzm.) 99.155 I. First Reaclk~g of Ordinance No. 0-9%09 - Amending3.mnd Development Code to Allow RV Storage in R-MH District- S~hedule Second Reading and Public Hq~ring for 8/25/99 (City Attorney Tmns~ttal 7/22/99. 0-99-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND ~ CODE BY CREA'I~O SECTION 20A-3.7.0, COMMON VEHIC~ STORAGE AREAS WITHIN THE R-MH ZONINO DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC~Tv'E DATE. The City Attorney read Ordinance No. 0-99-09 by title and advised that he had provided a revised transmittal to require two public hearings in accordance with Florida Statutes. MOTION by Majcher/Barczyk "I move to pass the f~rst reading of Ordinance O-99-09 amending land development code to allow RV storage in R-MIl district, schedule second reading and public hearing for 8125/99." City Attorney advised that there would be two hearings required on 8/11/99 and 8/25/99. 13 Regular City Council Meeting July 28, 1999 Page Fourt~n 99.1S6 J. 99.157 K. ROLL CALL: May~ Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARR1ED 5-0 Fil'st Reading of Ordinance NOLO-99-10 - Amending Land Development Code to Tighten Rules for_ Accessory Buikling~ - Schedule Second Reading.~d Public, Hearing for 8/25/99 (City Attom~ Tr. ansmittal-7~22/99, 0-99- Ifil AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF/HE CITY OF SEBASTIAN, SECTION 20A-5.7, AC~ORY BUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-10 by title. MOTION by Barczyk/Wininget "I recommend that Ordinance 99-10 be approved for the first reading." (public hearing scheduled for 8/25/99) ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye MOTION CARRIED 5-0 Mayor Wininger turned the gavel over to Vice Mayor Neuberger and excused herself from the meeting at I0:25 p.m. First Re.a~l~g Of Ordinance No. 0-99- [ I - Pml~ndiag Riverfront District Waivers - Schedule See, oM Reading and Public Heating for 8/25Z99 (Cil~ Attorney Transmittal 7/22/99. O-99-133 AN ORDINANCE OF ~ CrlAr oF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 19.4D OF LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-11 by title, and advised that four votes of Council are required to approve this motion due to Planning and Zoning denial. 14 Regular City Council Meeting July 28, 1999 Page Fitteen 99.082 L. MOTION by Barczyk/Neuberger "I'd like to make a motion that the Ordinance 99-11 be approved on the fa'st reading, and schedule the second reading and public hearing on 8/25/99." ROLL CALL: Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberget - aye MOTION CARRIED 4-0 MOTION by Neuberger/Bishop "I make a motion to extend the meeting." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberg~' - aye Mr. Barczyk - aye MOTION CARRIED 4-0 The City Clerk was excused from the meeting at this time. Revisit Wat.,er Restriction Plan ~d Direct Staff Aceordingly [Current Adopt, ced Latlguage~ David Johns, Sebastian, suggested going back to watering 3 days per week using the odd/even method, from 6 am to 6 pm; and removing the ear washing prohibition. Mr. Bishop said he would like to keep the St. Johns River Water Management District role in effect year round; and go back to odd addresses on Mtmday, Wednesday, Saturday, and even addresses on Tue~lay, Thursday, Sunday fi'om 6 pm to 10 pm The following people urged simplification of the ordinance: · Louise Kautenberg · Debbie Colavita., Sebastian · Paul Duffs, Sebastian 15 Regular City Council Meeting July 28, 1999 Page Sixteen MOTION by Barezyk/Neuberger "I'd like to make a motion we keep the 9 to 5 restriction year round, during the shortages we go to the Monday, Wednesday and Saturday and the Tuesday, Thursday and Sunday, same time and same restriction from 9 to 5, that way anytime of the year you can water seven days a week, shortages three days a week." ROLL CALL: Mr. Bishop - nay Mr. Majcher - aye Mayor Wininger - absent Vice Mayor Neuberger - aye Mr. Barezyk - aye MOTION CARRIED 3-1 (Bishop - nay) The City Attorney will draft an ordinance for City Council consideration. 17. Being no further business, Vice Mayor Neuberger adjourned the Regular Meeting at 11:00 p.m. Approved' at the ,1999, Regular City Council Meeting. Martha S. Wininger Mayor Kathx3m M. O'Halloran, CMC/AAE City Clerk 16 I SEBASTIAN crrY COUNCIL 1999/2000 FISCAL YEAR BUDGET WORKSHOP MINUTES WEDNESDAY, AUGUST 4, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Wininger called tho Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited and them was a moment of silence. ROLI, CALL City Council ltr~ Mayor Martha $. Wininger Vice Mayor Chuck Ncubcrgcr Mr. Joe Barczyk Mr. Ben A. Bishop Mr. Edward J. Majchcr, Jr. StaffPresent: City Manager, Terrence Moore City Attom~, Ri~ Stringer City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Building Din~r, George Bonacci Human Resources Dir~tor, Ri& Samol~vic. z Public Works Dir~mr, Terry Hill City Engin~x, Martha Campbell Chief of Polio, Randy Whito Airport Manager, John Van Antwerp Acting Golf Cours~ Manager, Greg Gardnex Finance Dir~tor, Mark Mason Deputy City Clerk, Sally Maio City Council Budget Workshop August 4, 1999 Page Two 199~/2000 FY BUDGET (Proposed Budget Prz~ou~ly Distributed - Pleas~ bring ruth you) A. OPENING COMMENTS - ~ITY MANAGER Mayor Wininger turned the meeting over to the City Manager, who presented a brief on his performance based budget for fiscal year 1999/2000. Bo TAPE I- S1DE II ff : 46 p. m.) DEPARTMENT GOALS, OBJECTIVES AND PROGRAMS - FISCAL YEAR 2000 1. Building Department 2. Growth Management Department 3. Human R~sourees Department 4. Public Works Department 5. Police Department 7. 8. 9. 10. 11. Airport Golf Courso City Attorney City Clerk City Manager Finance Department/Explanation of Specific Fund Budgets, Non-Departmental and General Fund Revenue Each depamnent head for the above referenced departments presented Ms/her accomplishments for fiscal year 1998/1999 and goals and objectives for 1999/2000. Mayor Wininger called recess at 8:30 p.m. and reconvened the workshop at 8:43 p.m. All members were present C. PUBLIC COMMENTS Bob AsherotL 785 George Street, Sebastian, commended each department head and City Manager. TAPE ll - SIDE I (8:47p. m.) Louise Kautenberg, Sebastian, urged inclusion of a public relations person and funding for city enhancement. Tom Wojciekowski, Sebastian, commended the City's talented staff. 2 City Council Budget Workshop August 4, 1999 Page Three I~UDGET ADVISORY B~.~ORD COMMenTS Larry Napier, Chairman of the Budget Advisory Board, spoke on the committee's behalf, citing the recommendations which were made to staff (see recommendation attached); and commended staff for including many of their recommendations into the proposed budget. Couneilmember Barezyk requested that the record show that many ideas proposed by the Board were incorporated into the budget. Discussion followed oa the proposal to move a portion of general fund reserves to an emergency fund for disasters. The Finance Director said it was staff's intent to bring a resolution to Council to designate $350,000 to an emergency fund. ~OUNCIL COMMENTS/DIRECTION~ The Budget Advisory Board and staff'were commended for their work on the budget, discussion followed on the proposal to remove the utility cap, and each Council member stated he/she needed more time to review the document and would save comments for the next budget workshop.on August 15, 1999. CLOSING C0~$ The City Manager thanked the Council, the public and the Board for all of the input-he had received on the proposed budget Mayor Wininger adjourned the Workshop at 9:15 p.m. Approved at the ,1999, Regular City Council Meeting. Martha S. Wininger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I City of Sebastian Telephone (561) 589-5530 Subject Resolution No R-99-43 Support for Agenda No Designation of Indian River Lagoon Scerac . Highway Department Origin: City Attorney ~ - Date Submitted: 8/4/99 Approved for Submittal by: City Manager For Agenda of: 8/11/99, Expend'~'ture Req~iired: Amount Budgeted: Appropriation Required: N/A N/A . . SUMMARy STATFA4ENT It was the consensus of City Council, following a presentation by Commissioner Fran Adams and Committee Chairman Brad Smith at the July 28, 1999 meeting, to support the designation of the Indian River Drive Lagoon Scenic Highway. Resolution No. R-99-43 is presented for adoption. mlCOMM~ND£D nc-'noN Move to adopt Resolution No. R-99-43. RESOLUTION NO. R-99-43 A RESOLUTION OF TI~E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING DESIGNATION OF INDIAN RIVER LAGOON SCENIC HIGHWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a-C~)rridor Advocacy Group has been formed for the Indian River Lagoon Scenic highway, as required by Florida Statutes for the designation of a Florida Scenic Highway; and WHEREAS, the purpose of the scenic highway designation is to protect, enhance, preserve and maintain the intrinsic resources of the designated corridor, while utilizing these resources appropriately; and WHEREAS, the City Council believes that significant benefits of additional resource conservation, aesthetic enhancement, recreational amenities, public information . and economic developmem can result from the scenic highway designation; and WHEREAS, the Corridor Management Plan which will delineate the implementation of the goals and objectives of the scenic highway program will be developed and implemented with the approval &the local governments of the jurisdictions through which the corridor passes, without state or federal restrictions on the land use within the corridor by virtue of the designation; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SUPPORT. The City Council of the City of Sebastian hereby registers support for the designation of the Indian River Lagoon Scenic Highway in Brevard and Indian River Counties by the Florida Department of Transportation. Section 2. STAFF ASSISTANCE. Be it further resolved that staffunder our jurisdiction be authg_rized to participate in supporting the designation effort. Section 3. CONFLICTS. conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. immediately upon its adoption. All resolutions or parts of resolutions in This resolution shall take effect A motion to adopt the foregoing Resolution was made by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 1 lth day of August, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney I I I I I I i City of Sebastian, Florida Subject: Resolution No. R-99-44 Agenda No. Vacation of Easement- Gonsior Lot 2, Block 4, Sebastian Highlands Exhibits: 1) R-99-44 2) Application 3) Site Map 4) Staff'Report EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None Department Origin: Growth Management~]'t~ (TH) Date Submitted: 8/3/99 For Agenda oE 8/11/99 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for vacation of the public utility and drainage easement located on the south five (5) feet of the north half of Lot 2 and the north five (5) feet of the south half of Lot 2, Block 4, Sebastian Highlands, less the east ten (10) feet thereof. Permits were issued in 1989 for the construction of a swimming pool and screen enclosure based on a survey which did not identify an easement that had been granted to the City when Lot 2 was split. A recent survey indicates that the pool and screen enclosure encroach into this easement area. The applicant, who owns Lots 1, 2 and 3 has asked that this easement be abandoned, and all utilities have agreed. RECOMMENDED ACTION Adopt Resolution No. R-99-44. I I RESOLUTION NO. R-99-44 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER I COUNTY, FLOR]I)A, VACATING A PORTION OF CERTAIN EASEMENT OVER LOT 2, BLOCK 4, SEBASTIAN HIGHLANDS i UNIT 1; PROVED~.I~G FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING, PROVIDING FOR EFFECTIVE DATE. 1 WHEREAS, in 1989 applicant constructed a swimming pool appurtenant to a single family home previously built across a double lot at 207 Poinciana Street within the City of I Sebastian; and I WltEREAS, said i~6ol was permitted based upon a survey that did not identify an easement relocated to the center of the lot at the time the home was constructed; and I WHEREAS, the owner of the land upon which said home shall be built has filed a I request for abandonment of a portion of the public utility and drainage easement along the midline of this second lot of the site; and I ..'. WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities I have all consented to abandonment thereof; NOW Tll-EREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CTM I OF SEBASTIAN, as follows: I Section 1. VACATION OF EASEMENT. The City Council of the City of I Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: 1 The northernmost five (5) feet of the southernmost half of Lot 2, and the I southernmost five (5) feet of the northernmost half of Lot 2, all being in Block 4, Sebastian Highlands Unit 1, as recorded in Plat Book 5, Page 14, of the Public Records of Indian River County, Florida, all less and except the I easternmost ten (10) feet thereof, 11 located within the City of Sebastian, Indian River County, Florida I I Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. This resolution shall be recorded in the public EFFECTIVE DATE. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 1 lth day of August, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. City of Sebastian Development· Order Application Applicant (if not owner, wfftten authorization (notarized) from owner is required) Owner (if different from applicam) Name: Address: Phone Number;. ( E-Mail: ) - FAX Number:. ( ) Type of permit or actio,~ requested: © F E c_.a¢ v-,~,,v-~- PLEASE CGMPL...c--~"E ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES QF ALL MAPS, SURVEYS, D~W1NGS, ~C. SHA~ BE A~ACHED ANO 8112" aY 11" COPIES OF ANY A~ACHMENF$ . SHALL BE INCLUDED. A~ACH THE APPROPR~ SUPPL~M~AL INFOR~TIQN FORM. IA. Project's 'Name (if applicable): B. Site Information Addre. ss: . - Lot: Block: Unit: Subdivision: Indian River County Parcel ~ Zoning Classificatipn:/ , Future Land Use: Exiaing Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if Ap¢rove<f: 08/27/97 I Revision: RECEIVED BY: Page I of 3 Development Application File Name: Don I _ I I I . Project Personnel: Agent: Name: A'ddre~ i Phone Numbec: ( E-Moji: i A~omey: Name: Address Phone Number: ( E-Mail: Engineer:. Name: Addres~ Phone Numbe~. ( E-Mail: Surveyor~ ,. Name: Addre&s Phone Number:. ( i E-Mail: ) . F,~,.X Number:. ( ) ) . FAX Numben ( ) FAX Number. ( ) FAX Number:. ( ) Permit Applicadon No. I "~"~¢C/~ ~ 4 (~.~ 7~,~./~ ~ . B~NG FIRST DULY ~O~N, O~OSE ANO ~Y ~ -- i A~ ~ OWNER I CCURA~ ANO~UE TO ~E BEST OF ~ ~OW~DGE AND 8EUEF. IOENFtCAON, ,.~ OF f?~ 19~. ~AY NQTARY'S SIGNA'"F'd R E IRINTED NAME (DF NOTARY !ArrnCD-200'1 ~groved: 05/'27/97 J P3~e 2 of 3 j Revi~ion: J DeYeiapme~t Application I F?le Name: Dca ermit Application No. The following is required for all comprehensive plan amendments~ zoning] amendment (including rezoning), site plans~ conditional use permits, special use permits~ variances, exceptions~ and appeals. I~, ~E OWNER(S) ~E ~L R~PRES~TA~VE OF ~E OWNER OF rile PRO~ER~ O~SCRISEO WHICH IS ~HE S~BJE~T OF ~IS APPU~A~ON, HER~Y A~OR~ ~H ANO ~ERY M~IBER OF ~E ~OARD/~OMMI~[ON OF ~ C~ OF SE~AS~N (~HE '~OARO"~COMMISSION~ TO PHYSIGA~Y ENTE~ UPON ~HE PROP~ AND VI~V ~E PROPER~ IN CONNEC~ON W~ ~/OUR PENDING APPUCA~ON. DEFENSE I/WE MAY HAVE, 0UR TO THE QUASI-JUDICIAL NATURE <DF HEREBY WAIVE ANY OOJEC'~ON OR 'FHE PROCE.=DINGS, RESUL~NG FROM ANY ROARD/COMMI~SION MEMBER ENTERING OR VI~ING THE PROPERS, INCLUOiNG ANY C~IM OR A~SER~ON THAT ~/OUR PRCCEDU~L OR SUBSTANCE DUE PROCESS RIGHTS UNDER ~E FLORIDA CONiStON OR ~E UNITED STA~S CONS~ON WERE ~O~D BY SUCH EN~RING OR Vi~V1NG. THIS WAIVER AND CONSENT IS BEING SIGNED BY MFs/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCICN APPLIED, OR PROMISES .MA~ DE,. BY. ANY ~MPLQYEE, AGENT= CQN~CTQR ~R OFFiC~L OF ~E Ci~ OF ~EBA5~AN. DATE who is pemonally known to, me or produ~ ~' Z~ ~2~ ~z/-2.o - ~ as identifi~tion, this~ ~ day of ~4~ ,19~. Notary's Signature Pdnted Name of Notary Commission No JE.xpiration Seal: Apc~rovect: 08/27'/97 I P~ge 3 of 3 j Revision: Develcpmen~ ApplicaE~n File Name: Doa I i Permit Application Ho. /~ Supplemental Information I ~ Easements, vacation of i 1. Describe the easement to be vacated (provide a legal descr~pticn, if possible): I I . ¢ , I  3. A~ach a su~ey she~ng ~e Io~on ef ~e prope~ line~, all easements and all  ~ures ~n be prepe~. " I I I ~ Ap~reved: 8/~7f97 I Revision: I ~ie Name: Sie~ev i - "',,,- " '~'~"; ~ LOT ~o / I , ~ 'LOT'3 ~'~ ~ ' I . ~ .~ ' LOT2 · ~ ~ ~ ,~ LOT 11- . , t/~-~ ~ ~ · } . .,. · . , · .. . . · ~~ ~ ,~, _ ' "'"" "'~ I ~~'.5 ~.:: · .~ 0 ~ o, ,' ~' ' ' - ' '-' --~ KUMQUAT --- ~- ~- I~-~-~~C R sURVEYFO ABANDONMENT OF EASEMENT Staff Report 1. Project Name: Property of Joseph A. Gonsior 2. Requested Action: _ _Abandonment of.the public utility and drainage easement located on the south five (5) feet of the north half of Lot 2 and the north five (5) feet of the south half of Lot 2, Block 4, Sebastian Highlands, less the east ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: 207 Poinciana Street Lots 1, 2, & 3, Block 4, Sebastian Hig. hlands Joseph A. Gonsior 207 Poinciana Street Sebastian, FL 32958 Project Agent: a. Name: N/A b. Address: Project Description: a. Narrative of proposed action: In 1989 swimming pool and screen enclosure permits were issued to this property based on a survey by Hugh Smith, Jr. dated 1981 (copy attached). A subsequent survey by Picketing & Associates dated 12/31/98 shows the pool extending across an easement which had been dedicated to the City when Lot 2 was split. The first survey (upon which the permits were issued) did not indicate that the pool would extend into the easement area, nor did it indicate that the house was angled on the property. To correct this situation, the owner has applied for vacation of that easement, and all utilities have agreed. b. Zoning. RS-10 c. Futur~ Land Use: LD d. Existing Land Use: Residence Utilities Comments: a. Florida Power & Light: b. South~ Bell: c. Falcon Cable: d. Indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comments: Staff Recommmdation: approved approved approved approved approved Approve Resolution R-99-44. Prepared by(.~' -'~-' ~ Date 1225 MAIN STI:LEET U SEBASTIAN, FLORIDA 32958 TF_.LEPHON-E (561) 58%5537 ~ FAX (561) 589-2566 REOUEST FOR ABANDON'M2ENT OF EASE>IENT July 6, 1999 Descriotion of Easement to be abandoned: The public utility and drainage easement located on. the south five (5) feet of the north half of Lot 2 and the north five (5) feet of the south half of Lot 2, Block 4, Sebastian Highlands, less thc east ten (10) feet thereof. UTILITY: Pedro Rubiera, FP & L APPROVED: k~ MiPKOVEDfDENIED BY: DENIED: FAX/gO: (561) 489-6266 lan King, City of Sebastian, Community. Development Department Fax No. (561) 55%2566. I ~,~EET ~ , O~A32958 · ' '"" ~ .,.PH{'~L (S61) 58~853~ 0 F~(561) 589-~66 ' '. I · . ~..t t. b~ .b~ndo~: ~ ~ ~ ~-~ ~ ~ lO~ on' ~ ,', ,, it~msn, Be~ South F~ NO: ~2-8180 :~'..' ' . ~ DA~: Kang. Civ' of Sebastian, Ccamm~-i~ Development Department x,., (.~61; 599-2566. I 07/2~99 10:07 FTP ENGINEERING -~ 5615B925~6 I BELLSOUTH N0.081 TELECOMMUNICA Date: July 23,1999 RE: Vacation of Easement Dear Ms, King: BellSouth has no objection m the abandonment of the utility easement as described herein: Block. four (4); the south five (5) feet of the north half of Lot 2, and the north five (5) feet of the south ' half of Lot 2. We have no facilities within the identified areas. IfI can be of any farther assistance please call Jason Franza at (561) 461-6244. Yours truly, Jason A. trran~a Specialist P002/004 07. 08. 99 08 I ! city 1225 ~,:L$JN STI:~ZBT C b'EBA$~N. FLOR.IDA 32958 TELE,PHONE (561)589-$~37 D FAX (~61) ~89-2566 i I Suly 6, 1999 D.~c~tion of Eaa~l~eat to be nb_an_do~..~l: The p~c ~ ~d ~e ~ement Io~t~ on · e sou~ fiv~ (5) ~ of the no~ ~ofLot 2 ~d ~e no~ fiv~ (5) f~t o~the south half of Lot 2, ~1o~ 4, Sebas~ ~~ 1~ ~e e~ ten (10) f~ ~h~r~ot i I I ~RO~: D~: .... DATE:~r.~._~ ... I (~~) I i .l~n King, City of Sebastian, Community Developmcnt Department Fax No. (561) 589-2566 I I I i I JUL. 7.1999 ~:33PM BLDG DEPT SEBASTIAM 1 I Ci~/of S~ NO. ~S6 P. 1 1225 MA1N STREET ~ SEBASTIAN, FLORIDA 32958 TI~LEPHONE (561) 589-5537 E FAX (561) 589-2566 R~OI~,ST I*OR_.AB_~AND._O _N/~ lENT_OF July 6, 1999 ..... Descriotion of Easement to be ab,-mdoned: The public utility aad drak~e easemerrt located on the south five (5) fecn of the north half of Lot 2 and t. he north five (5) feet of the south half. of Lot 2, Block 4, Sebastian Highlands, leas thc east tea (10) feet thereof. APPROVED: DATE: COMMENTS' lan King, City of Sebastian, Commur~ Development Department Fax No. (561) 589-2566. 7. ~LD~ ! DEPT SEBRSTIRHM0.742 P.i I I City of Sebastian i 1225 MAAN STlll~-~T [] SEBASTL&N, FLOR/DA 32958 TELEPHONE (561) 589-f537 El FAX (561) 589-2566 REQUEST FOR ~D?M-~,NT OF EA~$~E1Vfg~ July 6, 1999 Descrintion of Easement_t,o__be ahan_doned: The punic ufilky a~l ~ainage easement located on the south five (5) feet of the north half of Lot 2 and the north five (5) thet of the south half of Let 2, Block 4, Sebastian i-~ghlands, less the east ten (I0) feet thereof. APPKOVED: ' Campbell, City Engineer DE~-IED: APPROVED/D~CfED BY: FAX NO: $89-6209 DATE: -/- t 2. -'~'~ Jan King, City of Sebazt~. Community Development Department Fax No. (56l) 589-2566. I City of Sebastian, Florida Subject: Final Plat for Fischer Lake Island, Phase Two /~_Appro/~d for Submittal by: · Agenda No. ~-//~--~ Department Origin: Engineering Growth Management City Attorney Date Submitted: For Agenda of: Exhibits: Resolution and Final Plat EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A 8/4/99 8/11/99 APPROPRIATION REQUIRED: N/A ,.', ,5~RY The developers for Fischer Lake Island Subdivision have apphed for final plat approval for phase two. The subdivision is located north of CRS12 and west of the South Prong of the San Sebastian River. The final plat for council approval is dated. May 13, 1999, revised July 27, 1999, and August 2, 1999. Phase two includes the recording of 12 lots described as Block A, Lots 17 through 26 and Lots 31 and 32. The City Engineer, Growth Management Director, City Attorney, and the independent surveyor for the City have reviewed the final plat. It has met all of the requirements for final plat and is ready for Council approval. ltECDM3~ND_ED ACTION Move to approve Resolution R-99-45. I I RESOLUTION NO. R-99-45 I A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN ~R COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A I SUBDMSiON KNOWN AS FISCHER LAKE ISLAND PHASE H; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR i EFFECTIVE DATE. i WHEREAS, Henry A. Fischer has filed an application for approval of a final plat for a subdivision known as Fischer Lake Island Phase II; I NOW THEREFORe, BE IT RESOLVED BY THE COUNCIL OF THE CITY I OF SEBASTIAN, as follows: I Section 1. FINAL PLAT APPROVAL. The City Council of the City of I Sebastian does hereby approve the final plat for Fischer Lake Island Phase II as prepared by James A. Fowler, P.S.M. dated May 13, 1999, and revised July 27,1999, and August 2,1999. I ' Section 2. CONFLICT. All resolutions or pans of resolutions in conflict I herewith are hereby repealed. . i Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. I The foregoing Resolution was moved for adoption by Councilmember I The motion was seconded by Councilmember and, upon being put into a I vote, the vote was as follows: Mayor Martha S. Wininger i Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Coundlmember Ben A. Bishop I Coundlmember Edward J. Majcher, Jr. , ! ! The Mayor thereupon declared this Resolution duly passed and adopted this 1 lth day 1 of August, 1999. i CITY OF SEBASTIAN, FLORIDA By: Martha S. Wininger, MaYor ATTEST: . ! KathrYn M. O'Halloran, CMC/AAE City Clerk 1 Approved as to form for reliance I by the City of Sebastian only: I Rich stringer, City Attorney I I 1 I I 1 I ' i City of Sebastian 1225 Main Street ~ebastian, Florida 52958 Telephone (561) 589-5550 FAX (561) 589-5570 Subject: Prior approval for reimbursement of expenses for Vice-Mayor Neuberger to attend Florida League of Cities Annual Conference /f~roy4~l fo r S u~~yj,~j~y Manager Exhibits: Conference Information Expenditure Required: Registration Fee - $275.00 Hotel - 3 nights ~ $8.9.00- $267.00 Department Origin: City Clcrk~'ok Date Submitted: 8/2//99 For Agenda of: 8/11/99 Amount Budgeted: Education - $1,917.50 Travel/Per Diem - $1,349.69 Appropriation Required: SUMM/~RY STA'~MF. aN'r Vice-Mayor Neuberser wishes to attend the 1999 Horida League of Cities Annual Conference in Lake Buena Vista, Florida on Ausust 19-2 i, 1999. He has been designated to represent the City of Sebastian as the city's voting delesate by City Manager Terrence Moore. Section 2-34 of the Code of Ordinances requires prior approval of the City Council for reimbursement of expenses, subject to limitations set by the State, which will be incurred in connection with attendance at a conference or function a City Council member attends on behalf of the City. RECOMMENDED ACTION Approve reimbursement of expenses incurred by Vice-Mayor Neuberger for his attendance at the Horida League of Cities Annual Conference in Lake Buena Vista, Horida on August 19-21, 1990 in accordance with State limitations. .~(NOTE: Vice-Mayor Neuberger will only be staying at the hotel for 2 nights and the amount of $89.00 will be refunded to the City) Conference Registration Form Delegate Information Name C H U C K First Name or Nickname Title V I C E~_ M Duplicate As Needed Plea.~ Not~ The number of lines indicates the maximum number of lettem vet line on name badge. -_ L -_J----N E U B E R G E R A Y 0 R Affiliation C I T Y O F S E B A S T I A N Mailing Address __1_.2._.2__5__ ___M A___ I__N__ $ T 1R E E T City/State $ E B A $ T I A N F L O R I D A Phone Number 5 6 1 - 'I 8 8 8-2 0 3 Fax Number How Long in Office 2Ys First-T'mae Attendee __ Contact Person Guest Information Please complete only if registering guest for the conference Guest's Name q First Name to appear on badge .... Child's Name Child's Name Registration Fees Ftrst Name Fa~t Name No. Ft~ Tom. City/County/Goverament / @ $275.00 $~..~.t~-- Corporate/Exhibitor/ Sponsor/Other @ $300.00 Guest @ $75.00 Guest (13-18 years) @ $20.00 $ , Guest (3-12 yearn) @ $15.00 IF YOU REQUIRE SPECIAL SERVICES, OR HAVE SPECIAL DIETARY NEED5, PLEASI:. ATTACH A ~ DFSCRIPTION TO YOUR REGISTRATION FORM. PLEASE LET US KNOW WHAT HOTEL YOU AI~ 5T^YING AT IN CASE OF AN EMERGENCY. Office Use Only { Payment Received Check No. EntaT Date to appear on badge to appear on badge Age ~ Optional Activiti~_..~. Age ~ No. THURSDAY, AUGUST 19 Pre-Conference Seminar ~ @ $9~.00 Golf Tournament @ $80.00 SATURDAY, AUGUST 21 Extra Luncheon Ticket ., @ $25.00 $__ Extra Banquet Ticket ~ @ $50.00 $ W'E NOW ACCEPT CREDIT CARDS. Credit Card Type [-] MasterCard Number Account Name ['-] Visa F_.~p. Date ~ Total $ Registration form must be accompanied by payment made payable to Florida League of Cities. Mail this form to: Florida League of Cities, Post Office Box 1757, Tallahassee, Florida 32302-1757. Must be postmarked by July 17, 1999. Florida League of Cities, Inc. 17 I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I i I I i I I 73rd Annual Conference Florida League of Cities, Inc. August 19-21, 1999 Lake Buena Vista, Florida It is important that each member city sending delegates to the Annual Conference of the Florida Leagne of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select 9ne person to serve as the city's voting delegate. Please fill out thi~q form and retm'n it to the League office so that your voting delegate may be properly identified. Desi~a. afion of¥otine Dele.*ate Name of Voting Delegate: Title: City of: Chuck Neubez~er Vice-~'~,~ycr City of Sebastian AUTHOIII~.D BY: Remm this form to: Gall Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gall Demmrd at (850) 222-3806 I I City of Sebastian 1225 Main Street Sebastian, Flori,~ 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Request for Rental of Community Center A~.nda No. Approved for Submittal by: City Manager Department Origin: City Clerk~ d Certificate ' ,,", Expenditure Required: i Amount Budgeted: ! Appropriation Required: L I ~ARY STATEMENT The City has received an application from Patricia Delepenha, representing Operation Hope/Freedom Christian Center, for rental of the Community Center on August 28, 1999, from 7:30 P.M. until 12 Midnight for a fundraiser. As required by R-9843, Section i(B) (copy attached), the applicant is requesting permission for use of the facility until 12 Midnight and also pea-mission to charge an admission fee. The security deposit has been paid. She anticipat~ an attendance of 300 and was furnished with the proper forms for the extra duty police officer services. RECOMMENDED ACTION Consider the request and act accordingly. RESOL~ON NO. R-98-~ A RESOLUTION OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO TIlE USE OF TIlE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACltT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FORTHE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILrrlES FOR COMMXRCiAL PROFIT GENERATING ACI'IVITII~S; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOL~ONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian owns and mainmim a Yacht Club and a Community Center for the use and benefit of itq citizens ~d'a City Council Chamb~az for the op~ation of City government; and WHEREAS, the promulgation ofndes ofc°nduct and promdm~ will promot~ the general health, safety and welfare of those persons utilizing such facilities; and WHEREAS, the City Council deems it ncc~ary to impose certain fees for the use of certain facilities in order to defray the cost of mainteaauce and repair. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TFIE CITY OF sEBAsTIAN, INDIAN RIVER COUNTY, FLORIDA, that: I I I I I SECT[O_.N 1. RULES AND REGULATIONS: The City Council hereby adopts the following rules and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club. A. Au application for a permit to use the Community Center or the Yacht Club must be completed I I on forms provided for ach purpo~ by the City Cl~k. Au application for a permit must be received by the City Clerk at least two weeks prior to the date of the mquest~ use. B. The City Clenk shall issue a us~ permit upon a demarion that the requested use is permissible pursuant to this R~olufion and all fee:{ have been paid. In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use ora facility at%r 1 i:00 p.m., or if an admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by the City Council. I I I I I I CITY OF SEBASTIAN RENTAl.; PERMIT APPLICATION DATE: ~/~-/~ ~ r'~COMMUNITY CENTER NAME OF PERMITTEE: ADDRESS OF PERMITTEE: No.Sl~eet PHONE# ~--~_?'--~,~? MA~UNGADDRESS: NAME GROUP OR R~SON FOR RENTA~~.~,',~ YACHT CLUB City ANTICIPATED NUMBER OF PERSONS A'rl'ENDING EVENT: If m~m than 7~ attendae~, extra duty police officer services may be mfluimd REQUESTED DATE: ~'/~-~/~? TIME: From: ~; // PLEASE ANSWER YES OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? 2. ARE YOU A RESIDENT OF SEBASTIAN? 3. WILL DECORATIONS BE PUT UP? 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? 5. WILL ALCOHOLIC BEVERAGES BE SERVED? (a) If answer to ft5 is Yes, Permittee's proof of Age: To:/u-'~ ~/~ Office Use FEE Only $--'~./.-~ Total ....... $ ~;4 ,~ ~ Total ........ (b) If alcohol is to be served, permission is required by City Council. Your request will be presented to council on: Make checks payable to City of Sebastian (A service fee of 5% or$10.00, whichever is greater, may be charged for a dishonored check per City Resolution No. R-96-41) SECURITY DEPOSIT ........ $250.00 RENT ........................... 7% TAX ........................... · ~P~- .~x.; ~-~ ............ ~:~ ~. ~ o'' OFFICE USE ONLY r-]APPROVED ALCOHOL BEVERAGE REQUEST Police Department Agreement Verified (if applicable) Date Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY CITY CHECK # FOR $ [] DISAPPROVED ON: COMMENTS: i 24 i! consumer's Certificate, of ExemPtio_n~ This Certificate is Issued Pursuant to Chapter 212, Florida Statutes Non-{ransferable. R. 12/97 I Issue Date Expiration Date Certificate Number Type of Organization 09/12/98 09/12/2003 '- ~-~/ _ RELIGIOUS INSTITUTION m This Certifies That FREEDOM CHRISTIAN CENTER INC 2700 JUDGE FRAN JAMIESON WY VIERA FL 32940-6699 m Is Exempt From the Payment of sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the m Lease of Transient Rental Accommodations or Real Property. L,H. Fuchs I Executive Director ~ Florida Department of Revenue .' DR-14 m ~ ~ Important Facts ~] · Provide all vendors with a copy of your Consumer's Certificate of Exemption before making tax-exempt purchases. · Your Consumer's Certificate of Exemption is to be used solely for your organization's customary nonprofit activities. Purchases by the exempt organization are only exempt when the Consumer's Certificate of Exemption is 15resented to the vendor and the payment is made directly by the organization. Purchases made by an individual on behalf of the organization are taxable, even if the individual is reimbursed by the organization. Transactions by an exempt organization such as sales or leases of tangible personal property, transient rental or sleeping accommodations, real property, or docking spaces are taxable. The organization must register for sales and use tax certification, and collect and remit sales tax on those transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Section 12A-1.070, Flodda Administrative Code). I I I I I · Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the Department of Revenue. UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTiON BE USED FOR THE PERSONAL BENEFIT OF ANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REVOCATION. If you have any questions or need assistance, please contact: Central Registration 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0100 850-487-4130 I I I I City of Sebastian 1225 ~ Street Sebastian, Horida 32958 Telephone (561) 559-5350 FAX (561) 589-5570 Subject: Chamber of Commerce Request for Agenda No. ~)~./'~ ~- Change of Date for Summer Concert Department Origin: City Clerk ~ Appro~]e~d for~bmittal by: C~.ji~.Managcr [ - ~//~ ~~ DateSubndtted:8/5/99 k /-~ or Agenda of: Exhibits: Letter Dated Aug~ 5, 1999 Expenditure Required: ] Amount Budgeted: Appropriation Required: su~xuY~gY STAT~MZ~rr The City has received a letter fi.om the Chamber of Commerce requesting the Summer Concert scheduled for Friday, August 18, 1999, be changed to Saturday, August 28, 1999. There are no other events scheduled in the park for the requested date. Letter of request is a.achecL RECOMMENDED ACTION Consider the request and act accordingly. Also recommend that when future park events have received prior Council approval, that requests for change of dates be coordinated with Clerk's Office personnel. ! ! I City of Sebastian 1225 h&zin Street ~fian, Ho~ $2958 Telephone (561) 5&9-5550 FAX (561) 589-5570 Subject: Ordinance No. 0-99-05 - Removing Cap on Public Service Tax rov~or Su~ ~.~anage~ Exhibits: O-99-05, City Manager Memo 7/6/99 w/Attachmentz Agenda No. Department Origin: City Attorney Date Submitted: 8/5/99 For Agenda of: 8/11/99 Expenditure Required: N/A Amount Budgeted: N/A Appropriation Required: SUMMARY STATEMENT City Council, at its July 14, 1999 Regular Meeting, unanimously approved the first reading of Ordinance No. O-99-05 and scheduled the second reading and public hearing for August 1'1, 1999. RECOMMENDED ACTION 1) 2) Conduct the public hearing; and Move to adopt Ordinance No. O-99-05. I I I ORDINANCE NO. O-99-05 I I AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REMOVING THE CAP ON PUBLIC SERVICE TAX; PROVID.ING FOR CONFLICTS; I ~'~OViDi~O ~o~ S~RABI~, ~'~OVrDI~O ~O~ A~ EFFECTIVE DATE. I WHEREAS, in 1959 the City of Sebastian enacted a municipal public service; and I WH-EREAS, at the time it was enacted, a cap of $2.50 was placed on the imposition of I said tax; and · I WHEREAS, due to inflation in the forty years since the cap was put in place, the largest Commercial establishment in the city now pays the same amount of tax as the lowest income I resident; and I WHEREAS, since 1987 caps on public service taxes have been declared illegal and in violation of the Florida state constitution. I t NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: I I Section 1. That section 94-31 of the Code of Ordinances, City of Sebastian, Florida I is hereby amended to read as follows: ' I Sec. 94-31. Computation of tax. In all cases where the seller of electricity, metered or bottled gas (natural, liquefied petroleum gas or manufactured), water service, or local telephone and telegraph services collects the price thereof at monthly periods, the tax levied by this article may be computed on he aggregate amount of sales during such period, provided that the tax to be collected shall be the nearest whole cent to the amount computed; and-provided-that such tax-shall not exceed $2.50-for any period of one-month or less than one month in which the-seller shall collect or eeceive payment from-thc purchaser for each of sueh services or commodities. Section 2. CONFLICT. All ordinances or parts of ordinances in conilict herewith are hereby repealed. '- · Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. ! I 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 Martha S. Wininger Vice-Mayor Chuck Neuberger I Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. i The Mayor thereupon declared this Ordinance duly passed and adopted this I day of , I999. CITY OF SEBASTIAN, FLORIDA By: Martha S. Wininger, MayOr ATTEST: i Kathryn M. O~alloran, CMC/AAE I ~City Clerk Approved as to form and legality for I reliance by the City of Sebastian only: i Rich Stringer, City Attorney I I I I Memorandum TO: FROM: DATE: Honorable Mayor and Council Members City Manager July 6, 1999 SUBJECT: Public Service Utility Taxes Back,round: On July 13, 1959 the Sebastian City Council approved Ordinance # 176 enacting the Public. ' Service Utility Tax on electricity, metered or bottled gas, water service and local telephone and. telegraph services at a rate of 10% with a cap of $2.50. At the time of the enactment of this ordinance, Florida Statutes did not prohibit a cap or any other scale of percentages to be levied other than the 10% limitation. In 1973, when the Florida Constitution was rewritten to provide for Home Rule Powers, etc., the statutes governing Public Service Utility Tax levies also changed. Since that time there has been three Florida Attorney General Opinions (synopsis attached) declaring Caps on public utility taxi~s to'be illegal and in violation of Florida Statute 166.231. Furthermore, in all three opinions, the Attorney General has cited the Florida constitution indicating, in part, that "the taxing power of municipalities is not derived from [the home rule powers s. 2(b), Art. VIII, State Constitution], rather, the origin of such taxing powers and the limitations on its exercise are found in s.s. 1 (a) and 9(a), article VII, State Constitution, and such general or special laws concerning other taxes as may be enacted by the Legislature." Thus, as a general rule, "a municipality.,.has no inherent power to exempt from taxation property which it is authorized by statute or charter to tax, since, with some exceptions [which do not include public utility taxes], delegation of power to tax does not include power to exempt from taxation or power to remit or compromise taxes..." "Similarly, without legislative authority, a municipality may not contract away, its power to impose taxes or impose taxes only under certain conditions," such as a cap on Public Service Utility Taxes. In 1994, an attempt was made by then City Manager, Joel Koford, to eliminate the $2.50 Cap on all Public Service Utility Taxes and replace the ten percent (10%) levy with a three percent (3%) levy. There were two problems associated with this approach: (1) the Golf Course bond prohibited a decrease in the levy of ten percent (10%) pursuant to Section 5.11, Enforcement of Charges (copy attached) of the Golf Course Revenue Bond Resolutions, and (2) the stated purpose of the change was not clear. Public Utility Taxes ............................. Page 2 of 3 .................................. July 6, 1999 Current: In Fiscal Year 1999, a study and analysis of the Public Service Taxes was performed. The Study was performed to determine the following: 1. Over the past five years, what the estimated Public Service Utility Taxes would have been if there had been no cap? 2. How would the estimated collections of the Public Service Utility Taxes have affected the City's Millage Rate over the past five years? 3. How would removal of the CAP have affected the citizens of Sebastian over the past five years? - ~ The results of the study are astonishing. Following are summary answers to each question: Over the past five years, an estimated $5,242,615 would have been collected had there been no Cap on the Public Service Utility Taxes, an increase of $3,527,222 over actual and estimated collections. See attachment 1. An analysis, see Attachment 1, of the estimated collections shows that had the CAP been removed five years ago, the Millage rate would have gone down significantly. the same time, there would have been a point where the Millage rate would have become static in order to keep up with and maintain parity with the City's growth. A separate analysis, Attachment 2, provides an estimate of projected Public Service Utility Tax collections, with and without the Cap for FY 2000 and the estimated and recommended affect on the Millage rate for the next FY. We have used averages for homestead valuation and public service taxes which are standard assumptions generally used in these types of analyses. From the analysis, see Attachment 3, we prove that the average homeowner would save approximately $15.00 by removing the CAP and decreasing the Millage rate one full Millage point in the first year (FY 2000), or from an estimated 6.3513 to 5.3513 mils. In addition, recommended decreases in future years will ultimately bring the Millage rate to 4.5 mils for the city. I I I i I I i I I I i I I I I I I I I Public Utility Taxes ............................. Page 3 of 3 .................................. July 6, 1999 Summarv: The overall affect of this change will provide three concrete opportunities for the City: 1. Reduce the tax burden on the citizens of Sebastian, by removing the Public Service Utility Tax CAP so that a fair share can be paid by all residents, both residential and commercial alike, and reduce the Millage rate accordingly. 2. Provide a dynamic source of revenue for city operations. ' 3. Provide additional funding sources for the many projects the City Council would like to see instituted. The residents of Sebastian have been footing the burden of growth by funding commercial operations through the Public Service Utility Tax CAP. Public Service Utility Tax growth is dynamic. It provides an immediate impact whereas, being placed on the tax rolls or paying property taxes takes al~proximately one and one-half (1 ½) to two years to realize. Recommendation: ' It is recommended that the Public Service Utility Cap be removed. The result will be that all Public Service Utility Taxes will be at 10% in order to comply with the Golf Course Bond- Covenant, Section 5.11. In addition, reduce the FY 2000 estimated Millage rate to 5.3513. This will allow the City to realize the full impact of the Public Service Taxes and reduce the burden on the Citizens regarding property taxes. The first year decrease of one mil is to ensure that the estimates made regarding future public service taxes are realized before larger cuts in the Millage rate are made. In addition, in the first year, additional revenue will be realized to fund needed and necessary projects identified by the City Council. are taxed on a physical unit basis. The telephone and telegraph services, and the competitive services, (except fuel oil and kerosene) referred to and taxable under subsecs. (1) and (2) of this section, as amended, however, may only be taxed, on a percentage rate basis as authorized and prescribed in §_ ~6.231. as amended. Moreover, certain purchases of natural gas, fuel oil or kerosene, which are exempted from taxation by subsec. (4) of this section, may not be taxed under the authority of, or on the tax base provided for in, either this section, as amended, or § 166.232. Op. Atty. Gen., 079-26, March 20, 1979. 9.~5, Maximum tax While §West's F,S.A. 166.231 permits a town to assess utility taxes on the purchase of electricity, metered or bottled gas and telecommunication services at a percentage tess than the 10 percent rate referenced in the statute, it does not permit the town to place a cap on the dollar amount that may be taxed, creating an exemption from such taxes that exceed $1.60 per month per utility charge. Op.Atty. Gen. 94-76, Sept. 7, 1994. City of Groveland was not authorized to establisl~ a cap which would exempt from public service taxation that portion of the electricity service generating tax revenue in excess of the maximum monetary cap. Op. Atty. Gen., 89-11, Feb. 28, 1989. City of Vernon, after enacting a public service tax of 6% per taxable item or service on electricity, bottled and metered gas, fuel oil, and telecommunications services, could not provide for a maximum tax of $25 per monthly billing of each taxable item or service pursuant to this tax. Op. Atty. Gen., No. 87-45, May 19, 1987. 10. Fuel adjustment charge The term "fuel adjustment charge," as used within this section allowing municipalities to levy a tax, up to ten percent, on purchase of utility services within municipality but exempting "fuel adjustment charges" from tax, includes natural gas sold as a commodity. City of Tampa v. Thatcher Glass Corp., zt45 $o.2d 578 (1984). I I I I I I I property loss or damage insurance shall at all times be in an amount or amounts equal to the fair appraisal value of the buildings, properties, furniture, fixtures and equipment of the Facilities, or such other amount or amounts as the Golf Course Consultants shall approve as sufficient. The Issuer may establish certain minimum levels of insurance for which the Issuer may self-insure. Such minimum levels of insurance shall be in amounts as recommended in writing by an insurance consultant who has a favorable reputation and experience and is qualified to survey risks and to reco~end .insurance coverage for Persons engaged in operations similar to the' Facilities. The proceeds' of any such insurance shall be held in the Construction Account and applied in accordance with the requisition procedure provided in Section 4.03 hereof to the necessary costs involved in s~ugh repair and replacement and, to the extent not so applied, shall (together with proceeds of any such use and occupancy insurance) be deposited or credited to the Revenue Account as Gross-Revenues. SECTION $.09. NO FREE S~RFICE. The Issuer will not render, or cause to be rendered, any free services of.any nature by its Facilities or any part thereof, nor will any preferential rates be established for users of the same class. SECTION 5.10. NO I_M~~ OF RIGHTS. The Issuer will 'not enter into any contract or contracts, nor take any action, the results of which might impair the rights of the Holders of the '--Bonds or which would in any manner impair or adversely affect the 'levy or collection of the Designated Revenues. SECTION 5.11.. E~FORCEHENT OF CHARGES. The Issuer shall compel the prompt payment of rates, fees and charges imposed._.for service rendered by the Facilities, and will continue to levy and collect the Electric Franchise Fees (until released pursuant hereto) and the Public Services Taxes to the maximum amounts permitted by law and the Franchise Agreement, as long as any Bonds are Outstanding hereunder. SECTION 5.12. CO~SWITHCREDIT BANKS ANDINSURERS. The Issuer may make such covenants as it may in its sole discretion determine to be appropriate with any Insurer, Credit Bank or other financial institution that shall agree to insure or to provide for Bonds of any one or more Series credit or liquidity support that shall enhance the security or the value of such Bonds, provided, that any such covenants shall not adversely affect the Holders of any Outstanding Bonds. Such covenants may be set forth in the applicable Supplemental Resolution and shall be binding on the Issuer, the Registrar, the Paying Agent and all the Holders of Fiscal Year 1995 1996 1997 1998 1999 (1) 1995 1996 1997 1998 1999 (1) CITY OF SEBASTIAN ANALYSIS OF PUBLIC UTILITY SERVICE TAXES VERSUS MILLAGE RATE FOR THE FISCAL YEARS 1995. 1996, 1997, 1998 AND 1999 Electric Utility Service Tax Total Tax Revenue Collected AT 10% Difference 7,551,581 187,697 755.158 567.461 8.487.642 195,939 848.764 652,825 8.787.909 204.250 878.791 674.541 9,391,333 214,075 939,133 725,058 i&G39,335 224,351 1.003,933 779,582 44.257,800 1.026.312 4.425,779 3.399.467 DIFFERENCES 199~5 1996 1997 567.461 Telecommunications lJtilitv Service Tax 652,825 674.541 Estimated Tax Revenue Collected AT 10% Difference 98%773 84,288 98.977 14.689 1.086,771 92,53-1 108.677 16.146 1.193,274 97,151 119.327 22,176 1,310.215 108.981 131,022 22.041 1.438.616 122.277 143.862 21.585 6,018.649 505,228 601.865 96.637 14,689 16,146 Water Utilitv Se~4ce Tax 22.176 Estimated Tax Revenue Collected AT 10% Diffeaence 1995 0 0 0 0 0 1996 255.414 21.844 25.541 3.697 3.697 1997 721.493 61.705 72.149 10,444 1998 .... 547.624 46,835 54,762 7,927 1999 (1) 625,193 53,469 62,519 9,050 2.149,724 183,853 214,971 31,118 10,444 ATTACHMENT I J..998 1999__(..D 725,058 779,582 22.041 ,21.585 7.927 9,050 TOTALS 52.426.173 1,715.393 5242.615 3.527.222 582.150 672.668 707,161 755.026 810.217 City of Sebastian Millage Rate Property Millage Tax · Valuation Rate Tax Collected 1995 365,394,099 6.9 2,455,070 2,461,389 1996 3~0,50 7,116 0.9 2,667,313 2,376,632 1997 395.229,445 6.9 2.727.083 2.660.247 1998 421.680.660 6.9 2.909.597 2.810.622 1999 (1) 441,507.089 6.5 2.869.796 2.530,245 13.628,859 12.839.135 1.6 5.3 Estimated Millage Rate Reduction (2) from Adopted Millase Rate - No Cap 1.7 1.8 1.8 Estimated Millage Rates - No Cap 5.2 5.1 5.1 1.8 4.7 Assumptions: * This analysis assumes that the 10% is actual and ii,ere are no collection fees to reduce the estimates received. * The Propane Public Service Tax is not included since the amounts collected reflect 10%. * Water and Telecommunications Tax Returns have not provided the Revenue from which the collections are based upon. therefore, the total revenue amounts as well as the 10% is based upon average annual percentage increases. Notes: (1) Fiscal Year 1999 are estimates, since the years revenues have not vet been collected. (2) The Millage Rate Reductions are estimates only and are no~t to be considered xvhat would have actually occured if the Can had been removed. ' ATTACHMENT 2 CITY OF SEBASTIAN ANALYSIS OF PUBLIC SERVICE UTILITY TAX WITH/WITHOUT CAP VS. MILLAGE RATE JULY 6. 1999 Estimated Public Service Estimated Public Service Tax with CAP - FY 2000 Tax without CAP - FY 2000 Type of Public With Millage Without Millage IService Tax CAP Rate * Total CAP Rate ** ctnc 235,120 1.034.051 Telecommunications 128.390 151.055 Ipane 3~300 3.300 ter 56.143 65.645 Total 422.953 3.003.876 3.426.829 1.254.051 2.530.921 * Estimated Millage Rate with CAP = 6.3513 (Rollback Rate) I Estimated Millage Rate without CAP = 5.3513 3.784.972 The Public Utility Taxes were estimated by using an average of 3% increase over the estimated amount to be collected in FY 1999. The estimated Millage Rates. both rollback and the reduced rate are based upon the preliminary taxable value for fiscal year 2000 budget year. ATTACHMENT 3 CITY OF SEBASTIAN ANALYSIS OF AVERAGE IMPACT ON HOME VALUATION OF $100,000 JULY 6. 1999 With CAP on Public Service Utility Taxes Property. Electric Telephone Water Tax 12 Months 12 Months 12 Months Total Average valuation of $ I00.000 with a $25,000 exemption (a3. 6.3513 mils 476 476 Average electric of $75 per month 30 30 Basic telephone rate of $15.45 per month 19 19 Average water of $25 per month 30 30 - - 476 30 19 30 555 Average valuation of $100.000 with a '' $25.000 exemption rci~ 5.3513 401 40t Average electric of $75 per month 90 90 Basic telephone rate of $15.45 per month 19 19 Average water of $25 per month 30 30' ', ' 401 90 19 30 ' 540 Total estimated increase(decrease) if CAP removed (75) 60 0 0 (15) · ' The above representation does not reflect any one home or resident in the City. It is but an average for all residents taken as a whole. There will be a ~vide variation depending on several factors and variables which can not be enumerated in one projection. A flat lax or CAP on the Public Service Utility. Tax is regressive in nature, allowing all. regardless of their situation to enjoy the same tax as any other. Unfortunately. on an individual basis, the majority tends to support a minority in a regressive tax situation. This has happened here. A majority of the citizens are supporting a minority of taxpayers. Below are the assumptions used to prepare this comparison: ASSUMPTIONS: (1) The average valuation of a home in Sebastian is estimated $ I00.000 and each home has a $25.000 exemption. This is a standard amount to use due to ease of calculation. (2) The average electric bill for all of the residences of Sebastian is estimated at $75 month. per (3) Telecommuncation utility, tax is based upon the basic phone rate only and is estimated at an average of $15.45 per household. (4) The average water bill for all residences currently hooked up to water is estimated at $25 per month. I CITY OF SEBASTIAN REVENUE ESTIMATES FOR FISCAL YEAR 2000 FOR ROLLBACK RATE WITHOUT CHANGE IN PUBLIC UTILITY SERVICE TAX AND 1 MILL, 1.2513 AND 1.3513 MILL REDUCTIONS I I DESCRIPTION TOTAL AD VALOREM TAXES TOTAL FRANCHISE FEES UTILITY SERVICE TAXES 314100 ELECT UTILITY SERVICE TAX 314200 TELECOM UTILITY SERVICE TAX 314300 WATER UTILI'I~ SERVICE TAX 314400 PROPANE UTILrrY SERVICE TAX TOTAL UTILITY SERVICE TAXES Ad Valorem Ad Valorem Ad Valorem Ad V~orem Tax = 5.3513 Tax -~ 5.1000 Tax = 5.0000 Tax = 6.3513 Public Utility Public Utility Public Utility Public Utility Tax ~ 10% Tax (~ 10% Tax ~ 10% Tax (.~ 10% WITHOUT WITHOUT WITHOUT W/52.50 CAP $2.50 CAP 52.50 CAP $2.50 CAP 3,003,876 2'530,921 2,412,068 2,364,772 645~80 645,980 645,980 645,980 233,500 1,034,051 1,034,051 1,034~051 136,500 151,055 151,055 151,055 53,900 65,645 65,645 63,645 4,000 4,000 4,000 4,000 427~00 1,254,751 1,254,751 1,254,751 TOTAL LICENSES AND PERMITS TOTAL FEDERAL GRANTS TOTAL.STATE SHARED REVENUES TOTAL GEN GOV'T CHGS FOR SERVICE TOTAL FINES AND FORFEITS TOTAL INTEREST EARNINGS TOTAL RENT AND ROYALTIES 409,400 409,400 409,400 409,400 I 25,00o 25,0o0 25,000 25,000 1,411,740 1,411,740 1,411,740 1,4~1,740 I 4~915 48~15 48,915 48;915 80,200 80~00 80,200 80,200 I 20~000 203,000 203,000 203,000 15,200 13,200 13~00 13,200 I TOTAL SALES/COMP LOS$ ASSETS TOTAL CONTRIB.fDONATIONS TOTAL OTHER MISC. REVENUES TOTAL INTERFUND TRANSFERS 5,000 5,000 5,000 5,000 2,500 2,5OO 2,500 2,500 3,500 3,500 3,500 3,500 1 9,200 9,200 9,200 · ' 9,200 TOTAL OTHER SOURCES 0 0 0 0 I TOTAL REVENUES AND OTHER SOURCES 6,289,411 6,643307 6'524,454 6,477,158 INCREASE FROM ESTIMATED ROLLBACK OF 6.3513 MILLS 353,896 235,043 187,747 I ', City of Sebastian AGENDA SUBMITTAL Agenda No. qq, ~ .~' Subject: Ordinance 0-99-09; amending LDC to allow storage in RMH zone Department Origin: Growth Mng. Approved for Submittal by: City Manager Date Submitted: 7/22/99 Exhibits: Ordinance 0-99-09 For Agenda of.' 7/28/99, 8/11/99 & 8/25/99 Expenditure Required: n/a Amount Budgeted: n/a Appropriation Required: n/a SUMMARY STATEMENT This ordinance adds a provision to the RMH zoning standards to allow a common storage area for the storage of RV's. Similar provisions are found in some of the other mobile home zoning districts. RECOMMENDED ACTION At 7/28/99 meeting: Move to pass Ordinance O-99-09 on first reading, schedule initial public hearing for 8/11/99 and second reading/adoption hearing for 8/25/99, and authorize City Clerk to advertise for same. At 8/11/99 meeting: Move to pass matter on to adoption hearing for 8/25/99. At 8/25/99 meeting: Move to approve Ordinance No. 0-99-09. DATE: TO: FROM: MEMORANDUM August 9, 1999 Mayor and City Council Members Sally A. Maio~ Deputy City Clerk August 11, 1999 Regular Meeting - Agenda Item 99.155 - Ordinance No. 0-99-09 Amending LDC to Allow Storage in RMH Zone While copying your agenda packets, I inadvertently copied the wrong transmittal for the above referenced agenda item. The City Attorney had provided a revised agenda transmittal at the July 28, 1999 first reading on the ordinance, which provided for TWO public hearings, the first on August 11 and the second on August 25. Attached please find the correct transmittal which should be inserted into your 8/11/99 agenda packet at page 85. I apologize for any confusion this may have caused. KOH/sam Terrence Moore, City Manager Rich Stringer, City Attorney Press Journal Today All Department Heads City of Sebastian AGENDA SUBMITTAL Agenda NO' ~.//~-~'~ Subject: Ordinance O-99-09; amending Department Origin: Grow-th Mng. LDC to allow storage in RMYI zone Approved for Submittal by: Ci~Ian~ Date Submitted: 7/22/99 Extfibits: Ordinance O-99-09 ~ For Agenda of: 7/28/99 8/25/99 Expenditure Required: n/a Amount Budgeted: n/a Appropriation Required: n/a SUMMARY STATEMENT This ordinance adds a pro,vision to the RMI-I zoning standards to allow a common storage ., 'area for the storage ofRV s. Similar provisions are found in some of the other mobile · home zoning districts. RECOMMENDED ACTION At 7/28/99 meeting: Move to pass Ordinance 0-99-09 on first reading, schedule second reading and public hearing for 8/25/99, and authorize City Clerk to advertise for same. At 8/25/99 meeting: Move to approve Ordinance No. 0-99-09. ORDINANCE NO. 0-99-09 AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY CREATING SECTION 20A-3.7.G, COMMON VEHICULAR STORAGE AREAS WITHIN ~ R-MH ZONING DISTRICT; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILiTY';, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to common vehicular storage areas within the R-MH zoning district; and WltEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY ~ CITY COUNCEL OF TH-E CITY OF SEBASTIAN, FLORIDA, that: Section 1. Section 20A-3.7.G. of the Land Development Code, City of Sebastian, Florida is hereby created to read as follows: G. Common vehicular storage areas. All developments having a R- Mit zoning designation shall be permitted to provide for a common area for the storage of recreational equipment including boats and recreational vehicles: 1. Surface. Such storage areas shall have a surface meeting the provisions of section 20A-8.5(E). 2. Screening. All storage areas shall be enclosed by a security fence and prope,,rly screened from neighboring residences with a Type "A Opaque Screen. All storage areas shall be a minimum of thirty (30) feet from the nearest home site. 3. Site plan review, such storage areas shall undergo a site plan review in accordance with Article X of this Code. Section 2. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. EFFECTIVE DATE. This Ordinance shall take effect immediately Section 4. upon its adoption. day of 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 Martha S. Wininger Vice Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this ,1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Martha S. Wininger, Mayor Kathryn M. O~-Ialloran, CMC/AAE Approved as to form and legality for reliance by the City of Sebastian Only: Rich Stringer City Attorney , ':.~' ',-:'.:-:~'.~,'~. ':"-".:'.'/,;".~'~,,~:"';.". ' %.....~' - .' ',: '-.' .'3" · :)Following '.: the : second .'~ public~, hearing :u-on~,/16s .. ,... '~. ~.a-. . ' ,--.,~.. -,e"'~ ,'. '- --' ~ .~- , , .I ; .,Ordinance; -i~-the ';..Ci~,.Councii .~may t ~ · Ordinance into law:";lmereste, a partms, may .:the ;.proposed .Ordinance :m~ttie ~Clerk,at C~ty. Hfill' and may.aopear at-~e-hean~l · b,c..heaxd W,~th respect ,.t~ :tl~ ps,o.~osed Ordimmc~ .~.. -,'~ .-~m. Y .person wno.'m.a.y w!.s.n m..appem ~m. ,y,; .aeemon, :.which may be made by th~, Clty:.Coun~il'.~al.this :cheating ..will n~'ed.t~i ~'nsure t.hi~t a' v~rbatim:~i~ of~ ~i~e,.proceedings :is ma~e:which, record mclud~ Ihe' .tes,..umgny .an~ eym. e. nce:up.on winch, me. app. e~ ~ In compliance ~wi.'.,th .the'. Americans~With ,~accommodation fo~ .this' meeting should cont~t the' 'City's .ADA Coordlnator'~it -589:5330' ..at,21etat~:'48' I I i I I I I I I I i I I I I - I I I I I I I I I I Terre I TRM/ Cc: Rich Stringer, City Attorney I Sally Maio, Deputy City Clerk (For August 11, t 999 City Council Meeting Agenda} ddendum "A" This Addendum to the "Agreement For Option To Purchase" dated between the City of Sebastian, Florida (Buyer) and Good (Seller) is amended as follows. Guys, Inc. In addition m the purchase price the Buyer will assure that the Seller is released from any and all fhmncial liability for the "Riverfront Water Project Assessment" currently levied against both of the parcels being acquired, known as Property Tax ID # 06-31-39- 00020-0090-00011.0 an_d_06-31-39-00020-0110-00001.0. Total mount due as of February 8, 1999 is $19~0t17.77, or the total amount due as of the date of closing. CITY OF SEBASTI3aN, a Florida municipal corporation By: Terrence R. Moore, City Manager Attest: By: Kathryn M. O'Halloran, CMC/AA.E City Clerk (Seal) Approved as to Form and Content for Reliance by the City of Sebastian Only: GOOD GUYS, INC., a Florida corporation Typed Name and Title Attest: Typed Name and position (Seal) Rich Stringer, City Attorney LEGAL DESCRIPTION The following legal description was adapted from a former Warranty Deed involving the subject property (O.R. Book 764, Page 515) and the 1992 Indian River County tax roll. The legal description is by the appraisers for appraisal purposes only and is not intended to be used for conveyance. 1, 2, 3, 4, 5, Block 11, EDGEWATER PARK, according to the plat thereof as recorded in Plat Book 5, Page 25, Public Records of St. Lucie County, Florida, (which plat has been re-filed with changes as to Blocks 11, 12, and. 13, in Plat Book' 1, P~ge 23, Public Records of Indian River County, Florida), TOGETHER with water rights from well referred to in Deed Book 34, page 255, Public Records of Indian River County, Florida. '~ INCLUDING that portion of abandoned Harrison Street abutting the North side of Lot 1 and abandoned Jefferson Street abutting the South side of Lot 5, per City of Sebastian Ordinance 87-21. and Lots 11, 121 13, 14, and 15, Block 9, EDGEWATER PARK, the thereof as recorded in Plat Book according to plat 5, Page 25, Public. Records of St. Lucie County, Florida, (which plat has been re-filed with changes as to Blocks ~.. 11, 12, and 13, in Plat Book 1, Page 23, Public Records of' "'~ Indian River County, Florida. ALSO, that part of a vacant street formerly known as Jefferson Street, lyiDg immediately and adjacent to the South of above described property and having a depth equal to 'the depth of above mentioned lot 15. 1 City of Sebastian 1225 Ma~ Strut Sebastian, Horida 32958 Telephone (561) 589-5330 FAX (561) 5g9-$570 Subject: November and December City Council Meeting Schedules Agenda No. Department Origin: City Clerk f~/~ ~ Date Submitted: 7/19/99 ~pproveOf for Sabn)ffial~: c~c.}t~anager ~/ / _/fJff'~7 ~'~ForAgendaof: 8/11/99 Exhibits: November and December Calendars Expenditure Required: Amount Budgeted: N/A NIA Appropriation Required: N/A SUMMARY gI'ATEMI~NT Due to City Hall closings for holidays in November and December, the City Council has historically reviewed calendars for those months and rescheduled its meetings accordingly. Establishing the dates for November and December at this time will help this office to publish meeting calendars in a timely manner and eliminate any scheduling conflicts. City Hall will be closed on the~'oJlowillg date~: Thursday, November 11, 1999 (Veterans Day) Thursday and Friday, November 25 and 26, 1999 {Thanksgiving) Thursday and Friday, December 23 and 24, 1999 (Christmas) Friday, December 31, 1999 (New Years) Suggested Regular City Council Meeting Dates: November 3 and 17, 1999 December 1 and 15, 1999 RECOMMENDED &CTION Review calendars and reschedule City Council meetings accordingly. 0 I I . City of Sebastian, Florida I Subject: Contract Award- Bridge Repairs Agenda No. I Approved for Sub~.mi.'ttal by: Department Origin: Public Works Terr~ceMoore, Ci9~qnag~r Originator: ~ o_,, /'" ~ y//~//ff ~ Dept. Head: I Date Submitted. I/4/99 For Agenda of: 8/11/99 I Exhibits: Bid Tabulation EXPENDITURE REMAINING BUDGET: APpROpRIATION REQ'D: I REQUIRED: Unit Price $191,131 Contract I '-' SUMMARY I Sealed bids for bridge repairs were solicited and opened on 7/12/99. CEM Enterprises, . Inc., Felix Equities, Inc., and The Murphy Construction Company were the three bids received. All bids were responsive, therefore, the award may be made to the lowest bidder CEM Enterprises, i inc. CEM Enterprises is the Swale Regrading contractor currently working for the City. Their performance as a contractor with the City is satisfactory. A notice to proceed will be issued for 3 of the 4 bridges at this time until such time as funding is available to complete the repair on the I 4th bridge. i RECOMMENI~ED ACTION Move to award the Bridge Repair Bid to CEM Enterprises, Inc., the lowest bidder. I I I ' i ~u ,.,.,~ ~ .. m~ _.Ca=.,< co m ._, ooo ~ ~' - ' ' "~ ~ ~' I ~0~ City of Sebastian, Florida Subject: Change Order # 1 - Felix Equities for BSSCS Site Development Approved for Submittal by: Agenda No. Department Origin: Public Works Originator: /..~/~,. Dept. Head: Finance Dept: ~ Procurement: Date Submitted: 8/3/99 Exhibits: EXPENDITURE REQUIRED: $20,016.50 For Agenda of: Change Order #1 AMOUNT BUDGETED: BSSC South- $40,000 BSSCS Parking - $25,000 BSSC Green Bldg - $131,500 8/11/99 APPROPRIATION REQUIRED: N/A SUMMARY This contract was approved by the City Council on 7/14/99. Work is scheduled to commence on August 9, 1999. This change order is to allow the City to pave the proposed parking at BSSC- South as shown on the approved site plans. Originally, the City bid had only the driveway entrances to the park quantified. After reviewing the bid price for this work with Felix Equities and the budget available with our Finance Department, it was determined that the full amount of paving could proceed as pan of this contract. RECOMMENDED ACTION Move to approve Change Order #1 with Felix Equities for the BSSCS Site Development Contract in the mount of $20,016.50. CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #. 1 PURCHASE ORDER. # Pendin~ CONTRACTOR Felix Eautd~~ inc. ADDRESS 5100 29"' Coon Veto Beack F1 32967 PROJECT NAME BSSCS S/TE DEVELOPMLTNT PROJECT # C8205 PHONE # 569-0606 CONTRACt NAME BSSCS Site Develooment CONTRACT DATE Aumu~t 3. 1999 By the signatures affixed below, both the City and the Contravtor agree to the changes as stipulated herein. Upon proper execution of this document the Contractor is hereby notified to ~mmence work. All changes stated below are hereby incorporated and made a part of the Contract {dentified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Deleting items 11-40, 12-00, and 13-00 in the mount of 10,472.00 and r~hcin~_it with new items 11-40, 12-00, and 13-00 in - -- the amount of 30,488.50. Unit m-ices and quantifies have chan~ed s~ attached Extn'bit "A" A) B) cown~cr P~aCS ?mo~ 'to n-ns N~T (~S~) ~~) ~S~O mOM ~ ~W CO~~ ~ ~~O ~ ~s~ o~ CO~~ ~ PmOR ~ ~S ~GE. ~~ OF DAYS.) ~T ~~SE) ~E~) ~S~G ~OM ~ ~GE. ~~ OF DAYS.) ~W CO~ON DA~ ~~O ~ ~. 11 $ 134,628.00 $_ 20,016.50 $ 154.644.50' 90 days No chan~e mo. 8 day 99 CONTRACTO~ Authorized Signature Da~¢ CITY OF SEB~STIAN: Authorized City Manager Date Title Approvals By City of Sebastian: Other Engineer City Dept. Head Finance Director Purchasing Official WPD,CHANGI~OR ATTF~T: Kathryn M. O'Halloran, CMC/A. AE City Clerk for City of Sebastian Date I I I I I I I I I I I I I I I I PROJECT: CONTRACTOR: ITEM NO. DELETE ITEMS 11-00 12-00 13-O0 ADD ITEMS 11-00 12-00 13-00 EXHIBIT "A" City of Sebastian Change Order BSSCS - Site Development, Change Order #1 BSSCS Site Development Felix Equities DESCRIPTION Preparation of Subgrade Base Course for Asphalt Pavement Asphalt Pavement DELETE Subtotal Preparation of Subgrade Base Course for Asphalt Pavement _Asphalt Pavement ADD Subtotal Net Total Change Order #1 'EXisting Contract Amount Total Contract Amount including CO#1 QTY. 56O 56O 560' 2,170' · 2,170 2,170 UNIT SY SY SY SY SY SY UNIT BID $5.00 $10.00 $3.70 $3.55 $6.80 $3.70 ITEM TOTAL $2,800.00 $5,600.00 $2,072.00 $10,472.00 $7,703.50 $14,756.00 $8,029.00 $30,488.50 $20,016.50 $134,628.00 $154,644.50 City of Sebastian AGENDA SUBMITTAL Agenda No. ~.. tOO°~.~- Subject: Ordinance O-99-12; revised Water Restriction Plan Approved for Submittal by: City Manager Department Origin: Cityf~:~ Date Submitted: 8/4/99 Exhibits: Ordinance O-99-12; revised Water Restriction Pl-axi text; memo to Council dated 8/4/99 For Agenda off 8/11/99 & 9/8/99 Expenditure Required: n/a Amount Budgeted: n/a Appropriation Required: n/a SUMMARY STATEMENT This ordinance simplifies the Water Restriction Plan to change the three-day a week 'irrigation back to specified days of the week and remove that restriction from the year- round. Various miscellaneous restrictions are removed to simplify the Plan. The ordinance has been revised in accordance with the directions given at the 7/28/99 meeting, with the considerations expressed in the memo of this date. RECOMMENDED ACTION For 8/11/99 meeting: Move to pass Ordinance O-99-12 on first reading, schedule second reading and public hearing for 9/08/99 and authorize City Clerk to advertise for the same. For 9/8/99 meeting: Move to adopt Ordinance 0-99-12. To: Mayor and City Council , From: Rich Stringer, City Attorney Re: Ordinance O-99-12; scope Date: 8/4/99 At the 7/28/99 meeting the Water Restrictions Plan was the last item addressed on the agenda and a hurried motion was made to beat the 11 p.m. deadline. This motion was basically to remove the three-day-a week provisions from the year-round plan, and under the emergency restrictions gO back to designating the days of the week when irrigation is allowed but under the same times as the year round rules. The issue of simplifying-the Plan and removing the miscellaneous restrictions such as car- washing, pressure cleaning, etc., was extensively discussed and there seemed to be some significant support to make modifications in this area. It was my opinion that the Council ran out of time and did not address this issue, rather than having made an affirmative decision to not change these provisions. I have discussed the matter with the City Manager and decided that the best course is to present an ordinance that would make these changes, fi.the desire of the 'Council is to leave these miscellaneous provisions alone, it will be simpler and more timely to delete the relevant sections of the ordinance than to try to add them, ': f. have added the full text of the Water Restriction Plan as it would read if the Ordinance is adopted in its current form as back-up for the agenda, so that the Council can decide if the simplified scheme is d~sirable. cc: Kathryn M. 0 Halloran, City Clerk Terrence Moore, City Manager ORD12qANCE NO. O-99-12 I AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF I SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102, Article IV, of the Code of Ordinances for the City of Sebastian constitutes the "City of Sebastian Water Restriction Plan"; and WHEREAS, recent changes to the Water Restriction Plan have raised issues that merit reconsideration thereof; and WHEREAS, the City Council finds that the interests of the citizens will be best served by amending the Water Restriction Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORH)A, as follows: Section 1. That section 102-81 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-81. Year-round restrictions. Outdoor irrigation by any manner is prohibited between the hours of 9 a.m. and 5 p.m., year-round. However, air conditioning_systems utilizing water' sourc~._h_~_t~l~umps shall 1~ permittec[ I~.uiilize the discharge water_Q(' sai,C[ system for irrigation l~urposes at any time notwithstarlcli0g any prQvlsion of this article to the contrar7. Locations irt the city with odd-numbered addresses are only allowed to i,,igate on odd-numbered dates. Locatior~ with even-numbered addresses omo Hated address are only alk~wed to kc;gate on even-numbered dates. Ilowewr, new pl~gs ~e not r~uired to ~ternate ~rigafion days f~ an ~fi~ day ~fiod ~er ~st~lafion. Custodies of publicly-o~ed l~ds, ~ lieu of follo~g the restrkt~ns set ~h ~ove, may elect to subnfit a y~-r~n&~t~ the city m~ager meeting the criteria set ~h in S~n 102-91 ~8 mbject to the ~ae ~-~cess ~t ~there~. $~:tion 2. That section 10242 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 102-82. Implementation of emergency restrictions. The curtailments and restrictions of water uses provided for in sections 102-83 and 102-84 through t02-94, below, shall be implemented upon a declaration at any time of a water shortage emergency by the city council and shall remain in effect until such time as the city council shall declare such emergency to be at an end. Section 3. is hereby amended to read as follows: That section 102-83 of the Code of Ordinances, City of Sebastian, Florida Sec. 102-83. . Landscape irrigation restrictions, residential and commercial - existing installations. (a)- For existing instattatkms of landscaping on residential and commercial parcels tess than five acies in size, wate~ use for hH,t~ation is restricted to the hours of 6 p.mr. to 10 p.m. on designated days. (b) For existlttg installations of landscaping on residential and commerdal parcels five acres or-greater in size, water use fm irrigation is 2 restricted to the hours of 6.-00 p.m. to 2~.00 a.m. on designated days. (-e-) Parcels with odd-numbered addresses are ~ permitted to irrigate on Monday, Wednesday go~.Sa~rdauy odd-numbered dates . Parcels with even-numbered addresses or no addresses are only permitted to irrigate on Tuesday, T_hur_s~t3n~l. Sunday even-numbered-date~. Section 4. is hereby amended to read as follows: Sec. 102-84. Same - New installations. That-section 102-84 of the Code of Ordinances, City of Sebastian, Florida Landscaping installations on residential or commercial parcels that have been in place for thirty days or less shall not b~ ~ubject to the three day ~t week limitation of Section 102-83. have the following restrictions on pestering: (a) Low volume irrigation systems o~ htaid-watering is allowed, in addition to the methods set forth-bdo~, at any thne except between the hours of 9 a.m. and 5-p.m., (b) Other irrigation systems are restr~ted to watering between-the hours of 6:00 p.m. and 10:00 p.m. Additionally, cleaning and adjusting of new irrigation systems is restricted t~ ten minutes per zone on- a one--time-basis. Section 5. is hereby deleted and the section is reserved: Sec. 102-90. l~lmse~yand agl icniturai use rest~ lotions. I,~kte-overhead hfigafion for nurseJy and agricultural uses are restricted to 8:00 a.m. to 8:00-p:nr., seven days per week. Out~ide irrigation-is restricte&to 7:00 p.m. to 5:00 a.m., seven days a week. That section 102-90 of the Code of Ordinances, City of Sebastian, Florida I I I Section, 6. That section 102-91 of the Code of Ordinances, City of Sebastian, Florida I is hereby amended to read as follows: I Sec. 102-91. · Use restrictions for public facilities. Wkhin three days of the declaration of a water shortage emergency, I Custodians of publicly-owned facilities must mag submit a water-use plan to the city manager that, while considering the manpower restraints of the entity, I balances the s-arhe against the policies of water conservation SUch as evaporation avoidance and spreading out the times and days of irrigation. The I city manager may approve or reject said plan, or approve the same with modifications. Modifications to a rejected plan must be resubmitted within three I days. Thg. prg_~i0ns of a plan approved hereunder., slaall be~.enf°rc~tll>le as ~ provision of'this Article. I Section 7. That section 102-94 of the Code of Ordinances, City of Sebastian, Florida is'hereby deleted and reserved: I Sec. 102-94, Miscellaneous use restrictions. (a) Boat washing and motor flushing-is permitted for up to a' i maximum total of 30 nfinutes following operation in salt or brackish water. (b) Air conditioning systems utilizb-ag water source heat punrgs shall I be pe, n,ltted to utilize the discharge water of said system f~r hrlgation t~Ulx~es at anyfme notwithstanding any provisiort of tl~ arti¢te to the contrary~ I (c) Washing and cleaning streets, driveways, sidewalks, or other r~npomus areas with water is prohibked: I (d) Vehicle washing other than through a pem~tted ~:onunereiat ear wash, is restricted to the hxmrs fi-om 4.-00 a.m. to 8:00 a.m. and flora 4.-00 p.nr. I to 8:00-p:m., usi~ the even/odd-house-address methrrd. (~) Outside pressure cleaning is prohibited except by licensed I I I I i I professionals holding a valid water use peinfit. I . (f) Outside aesthetic use ofwater is ~ohibited. Section $. That section 102-95 of the Code of Ordinances, City of Sebastian, Florida I is hereby amended to read as follows: ' Sec. 102-95. 'Penalties. i (a) Except as vrovided below, v-~iolators of I1~. Articl~ s~tion ~02-8-t shall be ~bject to the following penalties: I (1) First offense; citation mount of $25.00, maximum fine upon' conviction in county court of $75.00; . ' I (2) Second offense; citation amount of $50.00, maximum fine upon conviction in county court of $150.00; and I (3) Third and subsequent offenses; citation amount orS100.00, maximum fine upon conviction of $250.00. . - I '-.'. (b) Violators of sections 102-83 102-1t4, and 102-90 through t02-94 shall be subject to the following penalties: ' I (1) First offense; citation mount of $50.00, maximum fine upon ' conviction in county court of $100.00; i (2) Second offense; citation amount of $150.00, maximum fine upon conviction in county court of $250.00; and I (3) Third and subsequent offenses shall constitute a second degree misdemeanor punishable in acxordance with state law. I (c) Citations shall be paid to the office of the City Clerk at City Hall. I Section 9. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. I Section_tO. 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 I , I i I shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend I to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council I 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. I ~ectlon 11. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. ' I The foregoing Ordifiance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the. vote I was as follows: Mayor Martha S. Wininger I Vice-Mayor Chuck Neuberger · Councilmember Joe BarcZYk Councilmember Ben A. Bishop I Councilmember Edward J. Majcher, Jr. ".". The Mayor thereupon declared this Resolution duly passed and adopted this I day of June, 1999. I CITY OF SEBASTIAN, FLORIDA 1 By: Martha S. wininger, Mayor ATTEST: Kathryn M. OerIalloran, CMC/AAE . I City Clerk Approved as to form and legality for reliance by the City of Sebastian only: i Rich Stringer, City Attorney I I I I I CHAPTER 102. ARTICLE IV. WATER RESTRICTION PLAN. (IF ADOPTED AS PROPOSED IN O-99-12) I Sec. 102-76. Short title. i This article shall 10c known as the City of Sebastian Water Restriction Plan," Sec. 102-77. Definitions. I The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicat~ a different meaning: I Water means water taken from: (1) Any public_ w_ater system; · (2) Any groundwater system, including shallow and deep water wells drawing Water from the I Florida aquifer; or (3) Any syste I The systems en~ an: intended to include, but are no~ limited to, any system that uses any groundwater or interconnected surface waters for a watersource, irrespective of whether the system is publicly or privately owned. I Water shortage emergency means a declaration by the city ceuncil that a water shortage exists. See. 102-78. Applicability. i ". The provisions of this article shall apply to all individuals, legal entities and their agents who use water, :. as defined in this article, within the city. I See. 102-79. - Enforcement. (a) Every city police officer shall be authorized and empowered to enforce the provisions of this I article through a noncriminal citation, with jurisdiction vesting in the county court upon failure of the violator to pay the same. Howevex, where the offense is designated a misdemeanor, the officer shall issue a Notice to Appear before the county court I (b) Additionally, the city code enforcement officers are authorized to enforce the provisions of this article under the citation method of Code section 2-194. I (c) The following enforcement notification guidelines shall be in effect for this article and shall supersede any conflicting provision of Code Section 2-194: I (1) If personal contact is made with the violator, the officer shall require immediate cemplianee; i (2) If personal contact cannot be made with anyone having ownership or control of a residence found to be in violation of this article, the enforcement personnel shall leave a notice of violation posted on the front door thereof requiring compliance within 24 i hours; (3)Il'tho notice remains lX~Sted uralisaut~ at said location 24 hours later, a second notice of violation shall be sent by certifi~ mail with return receipt to said address; and (4) If said violation continues more than 24 hours after delivery of the second notice, the · violator shall be cited. Notwithstanding any provisions of this subsection to the contrary, if enforcement personnel has proof the I premises is actively occupied, the requirement of a mailed second notice is waived. See. 10240. Exceptions to article. 1 The city manager shall have the authority to permit a reasonable use of water in any ease necessary to maintain adequate health and sanitation standards as set forth in the county health code or when needed to · perform maintenance and repair on an irrigation system. These permits may be issued with conditions, shall be issued free of charge and shall only be issued upon the showing of good cause for the uses requested. Additionally, a permit may be issued when nece~ary for the economic viability of a business venture, subject to · the terms and conditions set. ~tth above, for a fee of $20 for a permit of limited duration or on an annual basis for a fee of $50. Sec. 102-81. Year-round restrictions. ' 1 Outdoor irrigation by any manner is prohibited between the hours of 9 a.m. and 5 p.m., year-round. However, air conditioning systems utilizing water source heat pumps shall be permitted to utilize the discharge · water of said system for irrigation purposes at any time notwithstanding any provision of this article tot he contrary, i 102-82. Implementation of emergency restri~ions. $-..v The cmaailme~ and re~arictions of water uses pmvided for in sections 102-83 and 102-84, below, shall be implemented ucon a declamion at any ~ ora water sho~ge emergency by the city council and shall remain' in effect until such ~ as the city council shall declare such emergency to be at an end. Sec. 102-82t. Landscaping irrigation restrictions, residential and ¢ommercmi-- - existing installations. Parcels with odd-numbered addres~ are only permitted to irrigate on Monday, Wednesday and Saturday. Parcels with ~won-numbered addresses or no addresses are only permitted to in/gate on Tuesday, Thursday and Sunday. I Sec. 102-84. Same - New installations. Landscaping installations on residential or commen:ial parcels that have been in place for thirty days or less shall not be subject to the three day a week limitation of Section 102-83. Sec. 102-85. Essential use restrictions. 1 There shall be no restrictions on flrefighting or medical uses. Hydrant flushing shall be only on an emergency basis. I I I I I I I i i I I I I I i I i i I I Sec. 102-86 through 102-~0 are deleted and reserved. Sec. 102-91. Use restrictions for public facilities. Custodians of publicly-owned facilities may submit a water use plan to the city manager that, while considering the manpower restraints of the entity, balances the same against the policies of water conservation such as evaporation avoidance and spreading out the times and days of irrigation. The city manager may approve or reject said plan, or approve the same with modifications. Modifications to a rejected plan must be submitted within three days. The provisions ora plan approved hereunder shall be enforceable as a provision of this Article. Sec. 102-92. Dewatering use restrictions. Discharge of fxesh water to tidal waters is prohibited. Sec. 102-93. Water-ba~tl recreation restriction use. Filling is permitted for new and existing recreational facilities, including pools, water slides and' swimming areas. Drainage is only lXaanitted onto porous surfaces. No draining into sewers is permitted. Adding water to maintain levels is permitted for both new and existing recreation facilities. Sec. 102-94. is deleted and reserved. Sec. 102-95. Penalties. (a) Except as provided below, violators of this Article shall be subject to the following penalties: (2) (3) First offense; citation amount of $25.00, maximum fine upon conviction in county court of $75.00. Second offense; citation amount of $50.00, maximum fine upon conviction in county court of $150.00; and Third and subsequent offenses; citation amount of $100.00, maximum fine upon conviction of $250.00. (b) Violators of sections 10243, shall be subject to the following penalties: (2) (3) First offense; citation amount of $50.00, maximum fine upon conviction in county court of $ 100.00. Second offense; citation amount of $150.00, maximum fine upon conviction in county court of $250.00; and Third and subsequent offenses shall constitute a second degree misdemeanor punishable in accordance with stat~ law. (c) Citations shah be paid to the office of the City Clerk at City Hall. 8/3/99 3 ~~ I ,¢~c~s ~ ~~ ~ co~. ' _ ~~AS, the Bo~d of ~ ~o~onm ~opc~ O~c~ No. 99- I0 ~ re~hte f~e ~ ~ ~ effeai~ ~ate o~e l, 1999; ~d ~~5, c:nc~n~g ~e NOW, ~O~, BE ~ O~~D BY ~ 30,~ OF  . COO~ COntOURS OF ~~' ~ CO~, that: ~ The ~or~ here~ ~d ~e ~n~ e~vc date of~e 1, t~59 con~ ~ emerge-.  The ~ve &~ for Ordinate No. 99-10 b h~eby ~end~d to O~o~r 1, 19~. ~ ~y s~ou, or  f~r h~d be ~co~dmdon~, ~o~dve. or void, tach hold~g sh~ not ~e~ ~e rem~g ~o~ions of this ordnance, ~d it'~ be co~at~ co h~ve been :he [c~[atlve ~t~n~ :o R~s ~e or~nc~ without ~ ~cansn~utxon~, ~v~id or ~ ino~ra:ivc , 1 A c~d co.~ ~ th~ ordln~.c~, u en~-~, ~all be ~~iouer Ad~, ~ond~ by Coroner ~Fp~, Ch~ ~n~n ~ M=hc Aye -- Vice C~ ~r~ A~ , Aye ~slo~r ]o~ W. Tippm A~ Co~o~r Cuo~ D. Oi~ ~~ou~r ~u~ M. Sc=bh~ Aye ~O&~ O~ CO~ CO--SION ~ec~e ~cc T~ or~c~ w~ ~ ~h ~ De~~ o~ Sc=e oa ,1999 ~d bec~e e~e ~c dace. I I I I i I I I I I I i I I I I I I I I I I I I Exhibit A To Ordinance 99- INDIAN RIVER COUlVl~ ORDINANCE GOVERNING ALARMS R~SPONDED TO BY LAW ENFORCEM~ENT AGENCIES OF INDIAN RIVER COLrNTY SECTION 1, PURPOSE (A) The purpose of this ordinance is to encourage alarm usera and alarm businesses to maintain the operational reliability and properly use alarm systems and to reduce or eliminate false alarm dispatch requests. (B) This ordih~n-ce governs systems intended to summon law enforcement response, requires permits, establishes fe~, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension or loss of permits. SECTION 2. DEFINITIONS In this ordinance: (A) Alarm Administrator means a pe~on or persons designated by the Sheriff to administer, control and review alarm applications, permits and alarm dispatch requests. (B) Alarm Business means the business, by an individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system at an alarm site. (C) Alarm Dispatch Requeat means a notification to law enforcement offico by the alarm business that an alarm, either manual or automatic has b~en activated at a particular alarm site. - · (D) Alarm Review Board shall consist of five members as follow-s: the Alarm Administrator, a Sheriff's Office representative designated by the Sheriff, a local alarm business representative appointed by the local alarm association, and two (2) member~ of the public at large, appointed by the Sheriff. (E) Alarm Site meam a single premises or location served by an alarm systems. Each tenancy, if served by a separate alarm system in a multi tenant building or complex sba/1 be considered a separate alarm site. Page 1 Exhibit To Ordinance (F) Alarm System means a device or series of devices, including, but not limited to, systems interconnected with radio frequency signals, which are designed to discourage crime, by emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm condition. Alarm system does not include: an alarm designed to alert ordy the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the alarm site. fire and emergency medical (Life Line) systems. (G) Alarm User means any person, firm, partnership, corporation or other entity who (which) uses an alarm system at it's alarm site. (ED Shefiffmeans the Sheriffof the county or an authorized representative. (I) Conversion means the transaction or process by which one alarm business begins monitoring of an alarm system previously monitored by mother alarm business. (J) Duress Alarm means a silent alarm signal genetaml by the manual activation of a device intended to signal a crisis situation requiring law enforcement response. (K) False Alarm Dispatch means an alarm dispatch request to a law enforcement ag,ency, when the responding officer finds no evidence of a criminal offense or attempted criminal activity after having completed a timely investigation of the alarm site. An alarm dispatch request which is canceled by the alarm business or the alarm user prior to the time the responding officer reaches the alarm site shall not be considered a false alarm dispatch. (L) False Alarm User Awareness Class means a class operated by the Sheriff's Office for the purpose of educating alarm users about the problems created by false alarm dispatches and in the responsible use of- their alarm system. (M) Holdup Alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. (N) Keypad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters. (O) Monitoring means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to the city for the purpose of summoning Page 2 I I I I I I I I I I I i I I I I I I ! I I I I I I I I I I I I I I Exhibit A To Ordinance 99- police response to the alarm site. (P) One Plus Duress Alarm means the manual activation ora silent alarm signal by entering at a keypad a code that adds one to the last digit of the normal arm/disarm code (normal code = 1234 one plus duress code = 1235). (Q) -similar entity. Person means an individual, corporation, partnership, association, organization or (R) Takeover means the transaction or process by which an alarm user take~ over control of an existing alarm system which was previously controlled by another alarm user. (S) Verify means an attempt to avoid an unnecamary alarm dispatch request. The alarm business, or ifs ret3r~sentafive, must attempt to contact the alarm site by telephonic or other electronic means (whether or not actual contact with a person is made), in an attempt to avoid an unnecessary alarm dispatch request. SECTION 3. PERMIT REQUIRED; APPLICATION; FEE; TRANSFERABILITY; FALSE STATEMENTS. (A) No alarm user shall operate, or cause to be operated, an alarm system at it's alarm site without a valid alarm permit issused by the Alarm Administrator. A separate permit is required for each alarm site. (B) The initial and annual renewal fee for a permit for an alarm site is $30.00; no refund of a permit fee will be made, The initial annual permit fee and registration information must be submitted by the alarm company to the Al~n Administrator within fifteen (15) calendar days after the alarm installation or alarm takeover. Failure to provide information by the alarm company to the user that registration by the user is required will result in a $90.00 frae to that alarm company. Subsequent annual registrations will be required by the alarm holder upon notification by the Alarm Administrator, as noted in Section 4 of this ordinance. (C) Upon receipt of a completed application form and the permit fee, the Alarm Adminiswator shall issue an alarm permit to an applicant unless the applicant has: (I) failed to pay a frae assessed undex Section 11 or, (2) had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension has not been corrected. Page 3 I Exhibit A I To Ordinance 99- I (D) Each permit application, either new constru~ion or existing structure, must include the following information: I (1) the name, address, and telephone numbex~ of' the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this I article; (2) the classification of the alarm site as either residential, commercial or I apartment;. · (3) for each alarm system located at the alarm site, the purpose of the alarm i system; i.e., burglary, holdup, or other;, · . (4) signed certification from the alarm user and the alarm business stating: I (a) the date of installation, conversion or takeover of the alarm I system, whichever is applicable; . (b) the name, address, and the phone number of the alarm business performing the alarm system installation, conversion or alarm system takeover and responsible for providing repair service to the alarm system; I ; ' (c) the name, address, and phone number of the alarm business monitoring the system if different from the installing alarm _ . I business; ' (d) that a s~t of written olScratiag instructions for the alarm system, I including written guidelines on how to avoid false alarms, have ' "be:m leR with the applicant; and (e) that the alaiLm business has trained the applicant in proper USe of the alarm system, including instmctious on how to avoid false I (5) classification of the alarm site as being equipped or non-equipped for duress business. (g) Any false statement of a material matter made by an applicant for the purpose of i Page 4 i i I I I I I I I I I I I I I I I I I I  Exhibit A To Ordinance 99- obtaining an t shall be sufficient cause for refusal to issue a permit and shall fall under Sectio~ 17. ~IOLATIONS, and subject to fine. (Ir) An alarm permit cannot be transferred to another person. An alarm user shall inform the Alarm Administrator of any change that alters any information listed on the permit application within five (5) business days. (G) renewed, All fees owed by an applicant must be paid before a permit may be issued or (H) Information contained in permit applications shall be held in confidence by all employees or representatives of the agency with ac. ce~ to such information. SECTION 3.1 ALARM SYSTEMS IN APARTMENT COMPLEXES - CONTRACTED FOR BY INDMDUAL TENANT. (A) If an alarm system installed by an individual tenant in an apartment complex unit is monitored, the tenant must provide the name of a representative of the apartment owner or property manager who can grant access to the apartment to the alarm business which is providing the monitoring service. (B) A tenant of an apartment complex shall also obtain an alarm permit from the Al.arm Administrator before operating or causing the operation of an alarm system in the tenant's residemial unit. The annual fee for this permit or the nmewal of this permit shall be the same as for a residential or commercial alarm site. (C) For purposes of enforcing this article agaimt an individual residential unit, the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's residential unit. SECTION 3.2 ALARM SYSTEMS iN APARTMElVr COMI~LEXES - FURNISHED BY THE APARTMENT COMI~LF_,X AS AN AMENITY. (A) if the owner or property manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the owner or property manager of the ' apartment complex shall obtain a master alarm permit from the Alarm Administrator. The initial fee for this permit shall be $100.00 and $10.00 dollars per residential unit. All this, whether occupied or not, shall be included in calculating the required fee. This fee will be charged in lieu of the $30.00 per residential permit. Page $ Exhibit A To Ordinance 99- (B) For purposes of assessing fines and enforcing this article, the master alarm permit holder is responsible for payment of frees for false alarm dispatches emitted from the alarm systems in residential units if the false alarm is determined to be caused by faulty equipment and/or installation; the fee for operator error shall be the responsibility of the tenant but will be collected from the property manager/owner holding the master alarm permit. (C) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage and equipment areas. An' annual fee for such a permit shall be the same as the fee for a residential or commercial alarm site. SECTION 4. PERMIT_D_URATION AND RENEWAL (A) A permit shall expire one year from the date of issuance, and must be renewed annually by submitting an updated application to the Alarm Administrator. The Alarm Administrator shall notify each alarm user of the need to renew thirty (30) days prior to the expiration of their permit. It is the responsibility of the alarm user to submit an application prior to the permit expiration date. Failure to renew will be classified as use of a non~permitted alarm system and citations and penalties shall be assessed without wavier. (See Section 17. Violations). CB) Any alarm user having no false alarms during the year will .have the renewal fee of $~0 00 waived for each year following a zero false alarm year. SECTION 5. PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE (A) An alarm user shall: (1) maintain the premises and the a~arm system in a manner that will minimize or eliminate false alarm dispatches, and (2) make every reasonable effort to respond or cause a representative to respond to the alarm system's location within one hour when notified by the Sheriffs Office to deactivate a malfunctioning alarm system, to provide acce~ to the premises, or to provide security for the premises, and (3) not manually activate an alarm for any reason other than an occurrence of an event that the alarm system wa~ intended to report. Page 6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I i Exhibit A To Ordinance 99- (4) provide a "swing or shut down" option for active zones within the premises. (B) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted ,so that an audible alarm signal on the exterior of an alarm site will sound for no longer than fifteen (15) minutes after being activated. (C) An alarm user shall have a pmperly licensed alarm business inspect his alarm system after 2 false alarm dispatches in a one year period. After a 3rd false alarm dispatch, the alarm user must have a properly licensed alarm business modify the alarm system to be more false alarm resistant and/or provide additional user training as appropriate. The alarm user shall provide the Alarm Administrator with a corrective action report signed by the qualifying agent for the alarm Company; _ _af. opy will be forwarded to the Sheriff. SECTION 7. DUTIES OF ALARM'BUSINESS (A) After July 1, 1999, alarm businesses shall not program alarm systems so that they are capable of sending one plus duress alarms. Alarm businesses may continue to report one plus duress alarms received from alarm systems programmed with thi~ feature prior to July I, 1999. However, when performing a takeover or conversion after July l, 1999, an alarm business must remove the one plus duress alarm capability from the alarm system being taken over or converted. ·" (1~) After July 1,1999 alarm businesses shall not install a device(s) for activating a , hoid-up alarm which is a single action non recessed button. (C) Any alarm company service technician that fails to place a system on "test" and causes a false alarm dispatch, shall be assessed a $100.00 fine; a copy of the fmc and notification from the Alarm Administrator shall be sent to the alarm company owner/manager. SECTION 8. ALARM SYSTEM OPERATING INSTRUCTIONS. An alarm user shall maintain at each alarm site, aset of written operating instructions for each alarm system. SECTION 9. ALARM DISPATCH REQUEST RECORDS. (A) The officer responding to an alarm dispatch request shall record such information as necessary to permit the Alarm Administrator to maintain records, including, but not limited, to the following information: Page 7 Exhibit A To Ordinance 99- (1) identification of the permit number for the alarm site; (2) identification of the alarm site; (3) arrival time at the alarm site and dispatch received time; (4) date, and time; (5) weather conditions; (6) area and/Or' sub-area of premise involved; (7) name of alara/users representative on premises, if any; (8) identification of the responsible alarm business, and/or; (9) unable to locate the address. (B) The responding law enforcement officer shall indicate on the dispatch record whether the dispatch was caused by a criminal offense, an attempted criminal offense, or was a false alarm dispatch. A copy will be provided by the Sheriff's Office to the respective alarm company for informational purposes. (C) In the case of an assumed false alarm dispatch, the responding law enforcement offi'Cer shall leave notice at the alarm site that a law enforcement agency has responded to a false alarm dispatch. The notice shall include the following information: (1) the date and time of law enforcement response to the false alarm dispatch; (2) the identification number of the law ~nforcement officer,' and; (3) a statement urging the alarm user to ensur~ that the alarm system is properly operated, inspected, and serviced ia order to avoid fines per the ordinance. (D) Alarm businesses which perform monitoring services must maintain for a period of at least one year following request for law enforcement dispatch to an alarm site, records relating to the dispatch. Records must include the name, address and phone number of the alarm user, the alarm system zoners) or point(s) activated, the time of request for law enforcement Page I I I I I I I I I I I I I I I I I I I I I I i I I I I I I i I i I I I I Exhibit A To Ordinance 99- dispatch and evidence that an attempt to verify was made to the alarm site prior to the request for law enforcement dispatch. The Alarm Administrator may request copies of such records for individually named alarm users. SECTION 10. SYSTEM PERFORMANCE REVIEWS. If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the Alarm Administrator may require a conference with an alarm user and the alanll Imainea.q responsible for the repair of the alarm system to review the circumstance~ of each false alarm. SECTION 11. FALSE ALARM USER AWA~S CI~SS. The administrator ih-all overse~ the creation and implementation of a false alarm user awareness class. The program shall inform alarm user~ of the problem~ created by false alarm dispatchers and teach alarm users how to operate their alarm systems without generating false alarm dispatches. The Alarm Review Board may waive fine~ and recommend the awareness class, if deemed appropriate. The class will be held at diffexeat times to allow attendance and to minimize scheduling conflicts. There shall be a $35.00 administrative fee to attend the class; the fee will cover costs associated with conducting the course, including all informational materials and handouts. SECTION 12. F~ES. (A) An alarm user or the master permit holder for an apartment complex shall be, subject to fines, and warnings of suspension/revocation of~emfit depending on'the number of false alarm dispatche~ emitted from aa alarm system within a 12-month period based upon the following schedule: ~lumber of Fal$~ Alarm Dispatches Action T~aken Fines I On site written notice/warning let~r #1 No Fee 2 On site written notice/mag let~r #2 No Fee 3 On site writttn notice/warning letter #3 $100.00 · '(May be waived if school attended) On site written notice/warning letter #4 (Mandatory attendance of school) On site written notice of revoked permit 5 and above $175.00 $250.00 ea Page 9 Exhibit A To Ordinance 99- (Subsequent false dispatches will be fined as operating a non-permited system; additional violation fees will apply accordingly) (B) In addition, any person operating a non-permitted alarm system (whether revoked, suspended or'never acquired) will be subject to a citation and a~sessment of a $200.00 fine and an additional fine of $250.00 for each false alarm dispatch, in addition to any other fines governed by this ordinance. The Alarm Administrator may waive this additional fine for a non- permitted system if the alarm user applies for a permit within thirty (30) calendar days after sUch violation; false alarm dispatches will continue to be fined. (C) An alarm user may register for the fal~e alarm user awarenss class prior to any flase alarm dispatches, aa a~means to educate themselves and help tO prevent false alarm dispatches. (D) Alarm dispatch requests, caused by actual criminal offense or with evidence of a ' criminal attempt, shall not be counted as a false alarm dispatch. (E) The Alarm Administrator may reimmte a suspended permit upon receipt of acceptable evidence that the cause has been addressed and appropriate corrective action has been taken as outlined in Section 15. SECTION 13. APPEAL FROM FINES/GRIF. VANCE PROCESS (A) An alarm user may appeal assessment ora fine to the Alarm R~view Board by filing a written request for a hearing setting forth the reasons for the appeal within ten (10). , working days after receipt of the fine. The filing of a request for an appeal hearing with the Alarm Review Board stays the assessment of the fmc until the Alarm Review Board makes a final decision. ' ('B) The Alarm Review Board shall conduct a formal hearing and comider the evidence by any interested person(s). The board shall make it's decision on the basis of the preponderance of evidence presented at the hearing including, but not limited to, evidence that a false alarm dispatch was caused by a defective part that has been repaired or replaced or that an alarm dispatch request was caused by criminal offeme. The Board shall reserve the right to call upon the respective alarm company to provide a representative in order to verify attempts to correct/not correct a failed'system. The board mint render a decision within thirty (30) days after the request for an appeal hearing is filed. The board shall afl'am, reveme or modify the assessment of the fine, and/or inlcude attendance at the false alarm awareness school. The decision of the Board is final as to administrative remedies. Page 10 I I I I I i I I I I I I I I I I i I I I I I I I I i I I I I I I I I I I Exhibit A To Ordinance 99- SECTION 14. R.EVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT. (A) In addition to suspenSion or revocation pursuant to Section 11, the Alarm Administrator may suspend or revoke an alarm permit if it is determined that: (I) there is a false statement of a material matter in the application for a permit; (2) the permit holder has failed to make timely payment of a fee assessed under Section 11 CB), or, (B) A person commits an offense if he operates an alarm system during the period in which his alarm permit i~s s_uspended or revoked. (C) Unless there is separate indication that there is a crime in progress, the Sheriff may refuse law enforcement responSe to an alarm dispatch request at an alarm site for which the. alarm permit is revoked. · (D) If the alarm permit is reinstated pursuant to Section 15, the Alarm Administrator may revoke the alsrm permit if it is determined that 2 subsequent false alarm dispatches occur within sixty (60) days after the reinstatement dat~. SECTION 15. APPEAL FROM DEN1AL~ SUSPENSION OR REVOCATION OF A PEtLMIT. (A) If the Alarm Administrator denies the issuance or renewal ora permit, or suspends or revokes a permit, he or she shall send written notice of his action and a statement of the fight to an appeal, by certified mail, return receipt requested, to both the applicant of alarm use and the alaxm business. A copy will also be sent to the Sheriff'for notification and processing. The applicant or alarm user may appeal the decision of the Alarm Administrator to the Alarm Review Board by filing a written request for a review to the Sheriff setting forth the reasons for the appeal within twenty (20) days after receipt of the notice from the Alarm Administrator. An alarm business may submit the request for review on behalf of an alarm user. Filing of a request for appeal shall stay the action by the Alarm Administrator suspending or revoking a permit until the Board has completed its review, ifa request for appeal is not made within the twenty (20) day period, the action of the Alarm Administrator is final· Page I1 Exhibit A To Ordinance 99- (B) The Alarm Review Board shall conduct a formal hearing and consider the evidence by any.interested person(s). The board shall make it's decision on the basis of a preponderance of the evidence presented at the hearing including, but not limited to, certification that alarm users have been retrained, that a defective part has been repaired or replaced, or that the cause of the false alarm has been otherwise determined and corrected. The Board reserves the fight to summon a representative of the alarm company to verify the above, protecting both the alarm user and the alram company from any misrepresentation. The Board must render a written decision within thirty (.30) days after the request for an appeal hearing is filed. The Board shall affirm, reverse, or modify the action of the Alarm Administrator. The decision of the Board is final as to administrative remedies with the county. SECTION 16. REINSTATEMENT OF PERMIT. A person whose alarm permit has been revoked may be issued a new permit if the person: (1) submits an updated application, and; (21 pays or otherwise resolves, all citations and fines, and; (3) submits a notarized certification from an alarm business, that complies with the requirements of this article, stating that the alarm system has been inspected and repaired (if necessary) by the alarm business. SECTION 17. ORDINANCE ADMINISTRATION; COLLECTION OF FINES AND FEES ':,'. (A) (A) The Ordinance shall be administered by the Sheriffs Office who shall be responsible for the issuance of all permits, administration of all funds collected and enforcement of the ordinance guidelines. (B) A Trust Fund shall be established by the Sheriff's Office to administer all monies received thru the issuance of Alarm Permits. Revenue received shall be used only for the administration of this Ordinance. SECTION 18. VIOLATIONS. (A) A Person commits an offense if he violates by commission or omission any provision of this article that imposes upon him a duty or responsibility and is subject to a fine not more than $500.00 for each offense. (B) There will be a ninety (90) day grace period from the effective date to educate users and the alarm industry once the ordinance is passed. No fees shall be collected during this period. Page 12 i I I I I I I I I I I I I I I I I