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Home My WebLink About07131994 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r, FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 13, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS · ~1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. iNVOCATION - Reverend C. Robert Merola, Jr. - St. Elizabeth Episcopal Church 4. ROLL CALL 5. AGENDA MODIFICATIONS ,{ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 94.187 PGS 19-21 94.185 PGS 23-26 7. PUBLIC HEARING, FINAL ACTION B · None. 8. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is N~ Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 9. CONSENT AGENDA B Ail items on the consent agenda are considered to be · routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in · which event, the item will be removed and acted upon separately. A. Approval of Minutes - 6/22/94 Regular Meeting, 7/6/94 Workshop ~ ~O. R-94-37 - Oppose Casino Gambling (City Clerk Transmittal dated 7/7/94, R-94-37) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, OPPOSING CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-94-38 - Bailey Drive Ramp Open Hours (City Clerk Transmittal dated 7/7/94, R-94-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR HOURS OF OPERATION FOR THE BAILEY DRIVE BOAT RAMP; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 ~ 94. 184 PGS 27-57 94.190/ 93.145 PGS 59-61 94.191 PGS 63-74 94.192 PGS 75-78 94.193 PGS 79-80 94.194 PGS 81-83 D. RESOLUTION NO. R-94-39 - Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery (City Clerk Transmittal dated 7/7/94, R-94-39, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND RESPONSE AS APPROVED BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH CHAPTER 252, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; DESIGNATING THE CITY MANAGER AS THE CITY OF SEBASTIAN "AUTHORIZED REPRESENTATIVE"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. E. Bid Waiver - Community Development Mobile Shelves - Completion of File Shelf System - Pipp Mobile Systems - International Group Marketing - $4,601.00 (Director of Community Development Transmittal dated 6/13/94, Quote, 4/94 Operating Statement) Bid Waiver - Public Works - Ford F350 Pickup Truck - State Contract Price - Prestige Ford of Eustis - $14,631.00 (City Engineer Transmittal dated 7/7/94, Spec Sheet) Ameron Homes, Inc. - Specimen Tree Removal Request - Lot 3, Block 180, Unit 8, Sebastian Highlands - One Oak (Director of Community Development Transmittal dated 7/6/94, Application and Survey) Community Center - Woods Wedding Reception - 7/23/94 - 2 p.m. to 8 p.m. - A/B (City Clerk Transmittal dated 6/29/94, Application) GFWC Sebastian River Junior Woman's Club - Riverview Park - 9/24/94 (w/9/25/94 Raindate) - Community Service Day - Standard Conditions (Director of Community Development Transmittal dated 6/30/94, Derrick Letter dated 5/23/94) 94.195 PGS 85-88 10. 11. 12. 13. 94. 178 94.196 ~PGS 89-90 94.197 PGS 91-95 14. Sebastian First Church of the Nazarene - Riverview Park - 8/20/94 - Family Day - 10 am to 4 pm - Use of Electricity - Use of Bleachers w/ Reimbursement for Employee Time and Equipment - Standard Conditions (Director of Community Development Transmittal dated 6/28/94, Eby Letter dated 6/24/94) PRESENTATIONS COMMITTEE ~,EPORTS/RECOMMENDATIONS OLD BUSINESS NEW BUSINESS A..~ City Attorney Selection (No Backup) City Bid Review Committee Recommendation Re: Consulting Engineers for Airport Runways and Land Acquisition/Tenant Relocation - Approve Ranking and Authorize City Manager to Begin Negotiations (City Manager Recommendation dated 7/7/94) RESOLUTION NO. R-94-3~ - Support Downdrift Coalition - Beach Preservation (City Clerk Transmittal dated 7/7/94, R-94-36, Tomasello Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING EFFORTS TO SECURE COMPLIANCE WITH FLORIDA LAW WITH RESPECT TO BEACH PRESERVATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. CITY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Robert Freeland C. Mr. Frank Oberbeck D. Mayor Arthur Firtion E. Vice-Mayor Carolyn Corum 3.5. 3.6. ].7. CITY ATTORNEXMATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET I::] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) $89-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CiTY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 22, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No one was available for invocation. 4. ROLL CALL City Council Staff Present: Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Charles Nash Deputy City Clerk, Sally Maio Regular city Council Meeting June 22, 1994 Page Two 5. AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). None. PROCLAMATIONS ~D/OR ANNOUNCEMENTS None. 7. PUBLIC HEARINGL FINAL ACTION None. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is 8. Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Wally Kramer, 9606 Mockingbird Lane, Micco, discussed the proposed tax cap petition and legislation, CONSENT AGENDA 94.174 Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 6/8/94 Regular Meeting RESOLUTION NO. R-94-35 - Vacation of Easement (City Clerk Transmittal dated 6/15/94, R-94-35, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 16, SEBASTIAN HIGHLANDS UNIT 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-14, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting June 22, 1994 'Page Three 94.175 C. Waive Building Permit Fees for Saint Sebastian Catholic Church (Director of Community Development Transmittal dated 6/10/94, SanGiovanni Letter dated 6/3/94) 94.119/~ D. Bid Award - City Hall Window Replacement - Capp 93.245 Custom Builders - $70,063.75 (Director of Community Development Transmittal dated 6/15/94, Bid Tabulation, Bid Specifications) 94.176 E. Receive Code Enforcement Affidavits and Orders - Sturm, Malone, Holland 94.177 F. Request Use of Community Center - Hullen Wedding Reception - 7/16/94 - 4 p.m. to 8 p.m. - A/B - Permittee DOB 12/30/45 - Security Paid (C~ty .... Clerk Transmittal dated 6/13/94, Application) The City Manager read the Consent Agenda in its entirety. The City Attorney read Resolution No. R-94-35 by title only. The City Manager reported relative to item. D, that the low bidder has withdrawn his bid for City Hall window replacement and recommended that the bid be rejected and the project readvertised. MOTION by Oberbeck/Damp I would move for the withdrawal of item D of the consent agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 . The City Attorney recommended the removal of item C relative to waiver of building permit fees for the St. Sebastian Church stating it is not appropriate to waive fees for a particular type of organization. Mr. Oberbeck recommended a fifty percent reduction of building permit fee waivers for all non-profit organizations starting October 1, 1994o Regular City Council Meeting June 22, 1994 Page Four MOTION by Corum I make a motion that we deny waiving the building permit fees for St. Sebastian Catholic Church and all others from now on. MOTION died for lack of a second. The City Attorney directed City Council on correct procedures for the Consent Agenda. Mrs. Corum removed item C for discussion. MOTION by Corum/Oberbeck I make a motion Council approves A, B, E and the consent agenda. ! F of I ROL~ CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 MOTION by Corum/Damp I make a motion that Council denies the waiving of the building permit fees for the St. Sebastian Church in the amount of $5,733.38. ROLL CALL: Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - nay Mrs. Corum - aye Mrs. Damp - nay MOTION FAILED 1-4 (Freeland, Oberbeck, Firtion, Damp - MOTION by Oberbeck/Freeland I would move that we approve item C of the consent agenda waiving the building permit fee for St. Sebastian Catholic Church. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - nay Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 4-1 (Corum - nay) I Regular City Council Meeting June 22, 1994 'Page Five Sal Neglia, 461 Georgia Boulevard, Sebastian, asked why the 4th of July Committee receives free use of city facilities while other groups will be required to pay. 10. PRESENTATIONS None. 11. COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BUSINESS 94.140 ORDINANCE NO. 0-94-07 - Chapter 94 - Public Service Tax - 2nd Draft (City Manager Transmittal -~dated 6/16/94, Revised 0-94-07) 1st Reading, Set Public Hearing for 7/27/94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO CHAPTER 94, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 94-26 PERTAINING TO THE LEVY OF THE PUBLIC SERVICE TAX; AMENDING SECTION 94-28 PERTAINING TO COLLECTION BY SELLER; MONTHLY REPORTS; DELINQUENCIES; AMENDING SECTION 94-29 PERTAINING TO RECORD OF SALES BY SELLER; EXAMINATION BY CITY; AMENDING SECTION 94-30 PERTAINING TO TAX APPLICABLE FOR LOCAL TELEPHONE SERVICE; METERED SALES OF GAS, ETC.; AMENDING SECTION 94-31 PERTAINING TO COMPUTATION OF TAX; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-94-07 by title only. Sal Neglia, 461 Georgia Boulevard; Richard Meikeljohn, 1042 West Lake View Drive; Harry Thomas, 654 Balboa Street; Thomas Wojciekowski, 425 Peterson Street; Ruth Sullivan, 1215 Indian River Drive; Herbert Munsart, 1464 Seahouse Street; Keith Miller, 961 Riviera Avenue; all of Sebastian, addressed City Council. 5 Regular City Council Meeting June 22, 1994 Page six TAPE I - SIDE II (7:48 p.m.) The City Attorney explained that this ordinance was brought to City Council because it was determined by staff that the $2.50 cap is in conflict with the Golf Course bond covenant. He recommended that an opinion be obtained from bond counsel to ascertain what options are available. The City Manager further explained the requirements of the bond covenant, said utilities have been contacted to ascertain revenues to determine an appropriate percentage, and recommended levying a tax of 4.5 percent. A lengthy City Council discussion followed. Mr. Oberbeck was excused from 8:05 p.m. to 8:07 p.m. City Council discussion continued. MOTION by Damp i move that we approve Ordinance No. 0-94-07 for a 3.5% charge and to set public hearing for 7/27/94. MOTION died for lack of a second. MOTION by Oberbeck/Freeland I'm going to move to defer this item until such time as we are approached by the bond holders. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Damp - nay) Mayor Firtion called recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m. Ail members were present. Mr. Oberbeck recommended that the dead pine tree behind City Hall be removed. Regular City Council Meeting June 22, 1994 'Page Seven 13. NEW BUSINES__S 94.178 A. Shortlist City' Attorney ~ (city Clerk Trans~itt~! dated 6/16/94, ~ Previous!¥ · Distributed} Following a brief discussion, three of the five law firms were selected for interview: - Frese, Nash & Torpy, P.A. Gould, Cooksey, Fennell, Barkett, & Marine, O'Neill P.A. - Potter, McClelland, Marks & Healy, P.A. Mayor Firtion recommended interviews be scheduled for a .Special Meeting on Saturday, July 9, 1994 at 9.00- a.m., with a decision to be made at the July 13, 1994 Regular Meeting. city Council concurred. 14. MAYOR ]%ND CITY 'COUNCIL MATTERS A. Mayor Arthur Firtion Mayor requested volunteers for the pothole Firtion committee on behalf of its members; and reported that the first primary is Thursday, September 8, 1994 and urged people to come out and vote this year on behalf of the Supervisor of Elections. B. vice-Mayor ~aro!vn corum Mrs. Corum inquired about the Food Lion parking lot delivery trucks, to which the City Manager responded that he had distributed a memo to City Council stating there is no conflict with the LDC by parking in front although not in fire lanes; TAPE II - SIDE I (8:49 p.m.) and recommended revision of the city property.map showing only park properties. C. Mrs. Norma Damp Mrs. Damp spoke on petitions and a resolution circulating relative to casino gambling. Mrs. Corum requested the resolution distributed to City Council be placed on the next agenda. Regular City Council Meeting June 22, 1994 Page Eight 15. 16. D. Mr. Robert Free!and Mr. Freeland requested that saleable city properties be identified. E. Mr. Frank Oberbeck None. CIT~ ATTORNEY MATTERS The City Attorney reported on the decision in the Shuping vs. City of Sebastian case and sought direction on whether to appeal the decision. It was the consensus of City Council to direct the City Attorney to appeal. The City Attorney reported that a decision on the Fey/Gilliams case will be received any day and the Fischer case should come down within a couple of months. CITY MANAGER MATTERS The City Manager reported that Chief Petty had won another Police Olympics gold medal. The City Manager reported on his discussions with Indian River County regarding contracting for water connections and installation of meters to allow the city to provide service to the Riverfront area. He said the funding can be achieved by special assessment in the amount of $ .08 per square foot an amount of $250,000.00 for properties abutting Indian River Drive. The City Attorney said, in his opinion, that mandatory water connection can be required for anyone who is a sewer customer. It was the consensus of City Council to direct the City Manager to pursue negotiations with the County. i i i I I I I i I I i I for I Regular city Council Meeting June 22, 1994 ,Page Nine 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:30 p.m. Approved at the Meeting. , 1994, City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk ~ 9 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 I:::] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, jULY 6, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Introduction of New Business from &e Public shall not be allowed at City Council Workshops (R-93-19). 1. Mayor Firtion called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Assistant City Attorney, Richard Torpy Director of Community Development, Bruce Cooper Personnel Director, Deputy City Clerk, Wendy Widmann Sally Maio City Council Workshop July 6, 1994 Page Two AGENDA MODIFICATIONS (ADDITIONS .~ND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R~93-19). None. 5. ANNOUNCEMENTS 94.100 A. ~.ity clerk Announcement (No Backup) The City clerk presented a certificate of completion to Mayor Firtion for his attendance at the 1994 Florida institute of Government Institute for Elected Municipal Officials. 94.181 WORKSHOP ITEMS A. ~ ~nsurance /Personnel Director Transmittal dated ~/,21/94. personnel Director ~,emo dated ~ Comparison Charts) The Personnel Director reiterated the recommendation of the Health Insurance Committee to approve a contract with Blue Cross/Blue Shield, noted there were representatives in the audience to answer questions and fielded questions from City Council. Steve Barton, Blue Cross/Blue Shield, responded to questions from City Council. Louis Schlitt, Schlitt Insurance Services, addressed City Council urging review of his proposal. The Personnel Director responded with reasons his was not selected. It was the consensus of City Council to go along with the committee recommendation and place contract approval on the July 13, 1994 agenda. The addition of Sebastian River Medical Center as a PPO was suggested. The City Clerk inquired whether the contract will be ready for July 13 and City Council concurred to wait until July 27, 1994. City Council Workshop July 7, 1994 · Page Three 94.182/ B. 93.010 ~ndian River Drive Riverfront Area (City ~anaqer ~ransmittal dated 6 30~ Richard Taracka, 1320 Coverbrook Lane, Sebastian, suggested a boat trailer parking fee. The City Manager reiterated his recommendation to create a Community Development District with a board elected by the affected property owners in the riverfront area as provided for in FS 190.005(2), and use the north, south, and east city limits and the western edge of railroad right-of-way as the district boundaries. City Council discussion followed. TAPE I - SIDE II (7:57 p.m.) Discussion continued. Mayor Firtion and Mrs. Damp concurred with the recommendation. Mrs. Corum suggested including all of Indian River Drive. Mr. Oberbeck objected to the district. Mr. Freeland expressed concern that all property owners in the district have input. The City Manager said if City Council is inclined to look at the district, the next step is to have the City Attorney develop a brief on legalities and procedures, include a copy of FS 190.005, determine whether Council wants to move forward, and if so, adopt an ordinance. He said this would probably not be accomplished before October. Following further discussion, it was the consensus of city Council that the City Attorney prepare the brief with recommended boundaries. Mr. Freeland inquired about the status of zoning amendments as sent back to Planning and Zoning. Director of Community Development responded. The Mayor Firtion called recess at 8:03 p.m. and reconvened the workshop at 8:11 p.m. Ail members were present. City Council WOrkshop July 7, 1994 Page Four 94.073 C. Proposed Resolution No. R-94-25 - Vickers Grove Sandmininq Special Use ~ (Director o~f Community DeveloPment Transmittal dated 6/30/94, R-94-25 Dill ~etter dated 5/24/94. ~ Letter dated ~ Charles Cramer, Fischer & Sons, Inc., suggeSted amendment to Section 2 - Subsections A and F of the proposed Resolution. 94.183 The Assistant City Attorney responded that amendment to F would create an additional burden to the City by requiring a public hearing and suggested only a minor amendment to language in A to prevent future Councils from maliciously amending City regulations to affect this use. It was the consensus of City Council to direct the City Attorney to work with Attorney Dill to amend A and bring the resolution back. Planninq and Zoning Commission Recommendation Re: Setbacks for Corner Lots (Director of Community Development Transmittal dated ~ P & Z Memo dated 6/9/94. ~ Excerpt LDC~ 94.184 The Director of Community Development reiterated the recommendation of Planning and Zoning. After some discussion, it was the consensus of City Council to leave the language as it is in the Code. Statewide Mutual Aid Aqreement ~ Manaqer Transmittal dated .6/27/94, Wriqht Letter dated ~./20/94, DCA Memo dated 5/2/94. Aqreement) The City Manager said the purpose of the agreement is to lay the groundwork for state assistance for disaster recovery. He further inquired, on behalf of Animal Control, whether they could utilize a fenced area in the City to shelter stray animals in the event of a disaster. City Council concurred with Animal Control's request, directed the City Manager to act as representative and complete the agreement and directed the City Clerk's office to prepare the appropriate resolution, to be approved by the City Attorney, to accept the terms and conditions of the agreement. City Council Workshop July 7, 1994 'Page Five TAPE II - SIDE I (8:46 p.m.) 94.185 F. Bailel Drive Boat Ram~ - Hours of Operation (City Clerk Transmittal dated 6 28_~ Sec. 74-1) The City Clerk reiterated her recommendation to reduce open hours for the Bailey Drive boat ramp. It was the consensus of City Council to change the hours from one-half hour before sunrise to one-half hour after sunset. The City Clerk will prepare a resolution. 94.186 G. Indian River Count~ Parks and Recreation Committee_- Alternate-Member {citv ~lerk Transmittal dated 6/29/94, IRC P & R Membership List, Galley Memo dated ~ Kay Rogers addressed City Council. Mrs. Corum noted that there are two new openings on the committee and that Mrs. Rogers can apply for the unincorporated north county position. It was the consensus of City Council to appoint Kay Rogers as alternate to the Indian River County Parks and Recreation Committee. 94.187 Proposed Resolution No. R-94-37 - Casino Gamblinq lCity Mana~ Transmittal dated 6./28/94., R-94-37) The City Manager inquired whether adoption of the resolution would bind the City in such a way that in the event casino gambling was approved the City would be locked out. The Assistant City Attorney said it would not. It was the consensus of City Council to place the proposed resolution on the July 13, 1994 agenda. 7. CITY COUNCIL MATTERS A. Vice-Mayor Carol~ Corum Vice Mayor Corum requested an update on proposed welcome signs, funding for riverfront signs and the location of present city limit signs; and commended all those involved in the 4th of July celebration. 5 City Council Workshop July 7, 1994 Page Six B. Mrs. Norma ~ Mrs. Damp also commended those involved in the 4th of July celebration; and said she would like to discuss Mr. Taracka's suggestion to establish a boat trailer parking fee at a later date. 94.188 C. Mr. Robert Freeland Mr. Freeland suggested additional temporary handicapped parking spaces at Riverview Park on the 4th of July; and inquired about City Council members attending a property owners meeting at which one member of city Council will field questions, to which the City Attorney advised that this should not occur to avoid violation of the Sunshine Law. D. Mr. Frank Oberbeck Mr. Oberbeck suggested appropriating funds for drainage in the highlands rather than signs along the riverfront; expressed concern for perceived problems at the 4th of July celebration and suggested formation of a committee chaired by a Councilmember. E. Mayor Arthur Firtion Mayor Firtion commended 4th of July committee participants. Oberbeck Matters Discuss Buildinq Permit Fee Waivers Backup) Mr. Oberbeck suggested establishing a half fee for churches for all building fees effective October 1, 1994. Mayor Firtion suggested this be placed on the next workshop to allow the City Attorney time for review. TAPE II - SIDE ii (9:32 p.m.) The Assistant City Attorney suggested that all not- for-profit groups should be treated equally and that he can conduct a more indepth review. City Council concurred with directing him to review it. 6 City Council Workshop ,July 7, 1994 Page Seven 8. CITY ATTORNEY MATTERS The City Attorney was excused from the July 9, 1994 special meeting at which the Assistant City Attorney will be interviewed. 94.190/ 93.262 The Assistant City Attorney reported that the decision on the Fey lawsuit has been decided and that the City must issue the special use permit for a mulching facility subject to the applicant meeting certain conditions. He recommended against appeal and it was the consensus of City Council that there be no appeal. 9. CITY MANAGER MATTERS 94.180 The City Manager said he and the Finance Director met with Indian River County today regarding acquiring water for the Indian River Drive area, reported that the County will allow the City to piggyback their existing engineering and construction contracts, and that he will need a resolution requesting that the County provide water to the City through the meter process at the City southern boundary. He further asked whether the City would ever be interested in selling the total system to the County. It was the consensus of City Council to sell the system to the County if approached. Discussion took place on costs for installation of water in the area of Indian River Drive. It was the consensus of City Council to direct the City Manager to have the resolution drafted. 10. Being no further business, Mayor Firtion adjourned the workshop at 10:00 p.m. Approved at the , 1994, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 7 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: Resolution No. R-94-37 Oppose Casino Gambling APPROVED FOR SUBMITTAL BY: City Manager: ~~ AGENDA FORM Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: City Clerkw~?~ 7/7/9.4 ~13/94 R-94-37 EXPENDITURE AMOUNT REQUIRED: N/A BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council, at its July 6, 1994 workshop reviewed proposed Resolution No. R-94-37 and reached a consensus to place it on the July 13, 1994 agenda for adoption. RECOMMENq)ED ACTION Act on Resolution No. R-94-37. RESOLUTION NO. R-94-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,. OPPOSING CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain types of gambling and gambling establishments, commonly known as casino gambling, are illegal ! ! the State of Florida; and WHEREAS, there is an effort under way to amend the Florida Constitution to allow casino gambling and to use certain proceeds to fund governmental programs; and WHEREAS, the introduction of casino gambling in Florida will have a negative impact on family oriented tourism which the backbone of the State's tourism industry; and WHEREAS, the cost to government and communities will far I exceed the revenue returned to government and communities by gambling activities; and WHEREAS, neither the public or government will benefit from casino gambling; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: SECTION 1. OPPOSITION. The City Council of the City of Sebastian, Florida, opposes any change in the State Constitution or State Law which would allow casino gambling in Florida. SECTION 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember by Councilmember a vote, the vote was as follows: The motion was seconded and, upon being put into Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert J. Freeland Councilmember Frank J. Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles ian Nash City Attorney 2 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Resolution No. R-94-38 Bailey Drive Boat Ramp Open Hours APPROVED FOR SUBMITTAL BY: City Manager: ~//V%~ AGENDA FORM ) Dept. Origin City Clerk ) ) Date Submitted 7/7/94 ) ) For Agenda Of 7J13/94 ) ) Exhibits: R-94-38 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N~ SUMMARY STATEMENT The City Council, at its July 6, 1994 workshop reached a consensus to amend the open hours for the Bailey Drive boat ramp to one-half hour before sunrise to one-half hour after sunset. Resolution No. R-94-38 is presented for your approval. RECOMMENDED ACTi Q_~ Act on Resolution No. R-94-38. RESOLUTION NO. R-94-38 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR HOURS OF OPERATION FOR THE BAILEY DRIVE BOAT RAMP; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian acquired the Schumann I I I Lake I and Island on January 16, 1992 as a result of the Settlement Agreement between the City of Sebastian and General Development Corporation; and WHEREAS, '" the Bailey Drive boat ramp is located on the Schumann Lake and is a public recreational facility; and WHEREAS, Section 74-1(a) of the Code of Ordinances of the I City of Sebastian states that all public parks and public recreational facilities operated by the City shall be open to the I public from one-half hour before sunrise until 10:00 p.m. unless specifically set forth by resolution, by special permission or granted by City Council on a case by case basis; and WHEREAS, due to the proximity of the Bailey Drive boat ramp to residential properties, the City Council, in the interest of protecting the public health, safety and welfare of the citizens of Sebastian, determine it necessary to close the Bailey Drive boat ramp one-half hour after sunset. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, that: SECTION 1. BAILEY DRIVE BOAT RAMP HOURS OF OPEP~TION. Bailey Drive boat ramp shall be open for use by the public from one-half hour before sunrise until one-half hour after sunset. SECTION 2- POSTING AND ENFORCEMENT OF OPEN HOURS. The hours of operation for the Bailey Drive boat ramp shall be posted and enforced. SECTION ~. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. SEVERABiLITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is.invalid or unconstitutional, the remainder of the Resolution 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 Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis j. Oberbeck 2 The Mayor thereuPon declared this Resolution duly passed and adopted this day of ... , 199'4. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firt~On, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, city Attorney City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-94-39 Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery APPROVED FOR SUBMITTAL BY: City Manager: ~j ) Agenda No. ~'/~ ) ) Dept. Origin City ) ) Date Submitted 7/7/~ ) ) For Agenda Of 7/13/94 ) ) Exhibits: R-94-39 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT The City Council, at its July 6, 1994 workshop reached a consensus to participate with Indian River County in the Statewide Mutual Aid Agreement for Disaster Response and Recovery. Resolution No. R-94-39 is presented for your approval. RECOMMENDED ACTiO_N_ Act on Resolution No. R-94-39. RESOLUTION NO. R-94-39 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND RESPONSE AS APPROVED BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH CHAPTER 252, FLORIDA STATUTES; AUTHORIZING THE CiTY MANAGER AND CITY CLERK TO'SIGN, ON BEHALF OF THE CITY, THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; DESIGNATING THE CITY MANAGER AS THE CITY OF SEBASTIAN "AUTHORIZED REPRESENTATIVE"; 'PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND .PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of Commissioners approved Indian River County ' s participation in a Statewide Mutual Aid Agreement for Catastrophic Disaster Response 'Recovery (the "Agreement") on June 14, 1994; and WHEREAS, I I I I I I I and i the Director of the indian River County Department I of Emergency Services has requested local governments in the 1 County to consider participation in the Agreement; and WHEREAS, the City Council of the City of Sebastian, in the I interest of protecting the public health, safety and welfare of the citizens of Sebastian, desire to participate in the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery. NOWt THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The City Manager and City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to execute the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, on behalf of the City, a copy of the Agreement having been attached to this Resolution as Exhibit "A" and by this reference incorporated 'herein. Section 2. AUTHORIZED REPRESENTATIVE. The City Manager is designated as the "Authorized Representative" as outlined in page four of the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery (Exhibit "A"). Section 3. CONFLICT. resolutions in conflict Section ~. SEVERABILITY. All resolutions or parts of herewith are hereby repealed. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or Unconstitutional, the remainder of the Resolution 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 Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember seconded by Councilmember being put into a vote, the vote was as follows: The motion was and, upon Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this . day of , 1994. CITY OF. SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor 'ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney EXHIBIT "A" STATEWIDE HUTU~.~ AID A~REEHENT FOR CATABTItOPHIC DZB/%BTER REBPONBE AND I~ECOVERY THIS AGREEMENT iS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DiViSION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS: WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, Chapter 252, Florida Statutes, sets forth details concerning powers, duties, rights, privileges, and immunities of political subdivisions of the state rendering outside aid; and WHEREAS, Chapter 252, Florida Statutes, authorizes the State to enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state any real or personal property of the state government or the temporary transfer or employment of personnel of the'state government to or by any political subdivision of the state; and WHEREAS, Chapter-252, Florida Statutes, authorizes the governing body of each political subdivision of the state to enter into such contract or lease with the state, accept any such loan, or employ such personnel, and such political ~ subdivision may equip, maintain, utilize, and operate-any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed, ~nd to otherwise do all things and perform any and all.acts which it may deem necessary to effectuate the purpose for which such contract was entered into; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to make available any equipment, services, or facilities owned or organized by the state or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area or upon the request of any recognized and accredited relief agency through such duly constituted authority; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to call to duty and otherwise provide, within or without the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergencies; and WHEREAS, Chapter 252, Florida Statutes, requires that each municipality must coordinate requests for state or federal emergency response assistance with its county; and WHEREAS, the State of Florida is geographically vulnerable to hurricanes, tornadoes, freshwater flooding, sinkhole formations, and.other natural disasters that in the past have . caused severe d~sruption of essential human services and severe property damage to public roads, utilities, buildings, parks, and other government owned facilities~ and WHEREAS, the Parties to this Agreement recognize that additional manpower and equipment may be needed to mitigate further damage and restore vital services to the citizens.of the affected communi~y should such disasters occur; and WHE~AS, to'~r°vide the most effective mutual aid possible, each Participating Government, intends to foster communications between the personnel of the other Participating Government by visits, compilation of asset inventories, exchange of information and development of plans and procedures to implement this Agreement; NOW, THEREFORE, the Parties hereto agree as follows: SECTION 1. DEFINITION~ A. ,,AGREEMENT" - the Statewide Mutual Aid Agreement for Emergency Response/Recovery. Political subdivisions of the State of Florida become a party to this Agreement by executing a may copy of this Agreement and providing a copy with original signatures and authorizing resolution(s) to the State of Florida Division of Emergency Management. 'Copies of the agreement with original signatures and copies of authorizing resolutions and insurance letters shall be filed and maintained at the Division. headquarters in Tallahassee, Florida. B. e,REQUESTING PARTYtt - the participating government entity requesting aid in the event of an emergency. Each municipality ~ust coordinate requests for state or federal emergency response assistance through its county. C. ,tASBIBTING PARTY~ - the participating government entitY furnishing equipment, services and/or manpower to the Requesting Party. D. e~AUTHORiZED REPRESENTATIVE~t - an employee of a participating government authorized in writing by that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives for the participating government executing this Agreement shall be ~ attac~ed as Appendix A to the executed copy-of the Agreement supplied to the Division, and shall be updated as needed by each participating government. E. ~DIVIBION" - the State of Florida, Department of . CommunIty Affairs, Division of Emergency Management. F. -EMERGENCY~ - any occurrence, or threat thereof, whether natural, or caused by man~ in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage 4 to or loss of property. G. "DIB&BTER" - any natural, technological, or civil , emergency that causes damage of sufficient severity and magnitude to result 'in a declaration of a state of emergency by a county, Governor, or the President of the United States. H. -PARTICIPATING GOFERNMENT,, - the State of Florida and any political subdivision of the State of Florida which executes this mutual aid agreement and supplies a complete executed copy to the Division. I. "'PERIOD OF ABBIBTANCE" - the period of time beginning with the departure of any personnel of the Assisting Party from any point for the purpose of traveling to the Reques~ing Party in order to provide ~ssistance and endin~ upon the return of al~ personnel and equipment of the Assisting Party, after providing the assistance requested, to their residence of or regular place work, whichever occurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party during which the personnel of the Assisting Party are engaged in a course of conduct not reasonably necessary for their safe arrival at or return from the Requesting Party. J. "WORK OR WORK-RELATED PERIOD,, - any period of time in which either the personnel or equipment of the Assisting Party are being used by the Requesting Party to provide assistance and' for which the Requesting Party will reimburse the Assisting 5 Party. Specifically .included within such period of time are rest i breaks when the personnel of the Assisting Party will return to active work within a reasonable time. Specifically excluded from I such period of time are breakfast, lunch, and dinner breaks."' · SECTION 2. 0 C.,~R_.~~,~ government either becomes affected by, I When a participating or is under imminent threat of, an emergency or disaster, it may invoke emergency related mutual aid assistance either by: (i) declaring a state of local emergency and transmitting a copy of that declaration to the Assisting Party, or to the Division, or (ii) by orally communicating a request for mutual aid assistance to Assisting Party or to the Division, followed as soon as ~ practicable by written confirmation of said request. Mutual aid by Participating Governments unless I shamm not be requested resources available within the stricken area are deemed inadequate by the Local Emergency Management Agency. All requests for mutual aid shall be transmitted by the Authorized I Representative or the Director of the Local Emergency Management Agency. Requests for assistance maybe communicated either to I the. Division or directly to an Assisting Party. Requests for assistance under this Agreement shall be limited to catastrophic disasters, except where the Participating Government has no other I mutual aid agreement based upon Section 252.40 or 163.01, Florida 6 Statutes, in which assistance pursuant to the provisions of this agreement. A. .REQUESTS DIRECTLY TOASSISTING PARTY= 'The Requesting case a Participating Government may request . Party may directly contact the authorized representative of the Assisting Party and shall provide them with the information in paragraph C below. All communications shall be conducted directly between the Requesting and Assisting Party. Each party shall be responsible for keeping the Division advised of the status of the response activities. The Division shall not be responsible for costs associated with such direct requests for assistance.' However, the Division may provide, by rule, for reimbursement of eligible expenses from the Emergency Management Preparedness and Assistance Trust Fund created under Section 252.373, Florida Statutes. B. REQUESTS ROUTED THROUGH~ OR ORIGINATING FROM~ THE DiVZSION~ The Requesting Party may directly contact the Division, in which case it shall provide the Division with the information in paragraph C below. The Division may then contact other Participating Governments on behalf of the Requesting Party and coordinate the provision of mutual aid. The Division shall not be responsible for costs associated with such indirect requests for assistance, unless the Division so indicates in writing at the time it transmits the request to the Assisting Party. In no event shall the Division or the State of Florida be 7 responsible, for costs associated with assistance in t. he. absence of appropriated funds. In all cases, the party receiving the ' I mutual aid shall be primarily responsible for the costs incurred by any Assisting Party providing assistance pursuant to the provisions of this Agreement. C. REQUIRED IN~ORMATION~ Each request for assistance shall be accompanied by the following information, to the extent know~: 1. A general description of the damage sustained; 2. Identification of the emergency service function for which assistance is needed ('e.g. fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed; 3. identification of the public infrastructure system for I which assistance is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed; 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of. I time they will be needed; 8 The need for sites, structures or buildings outside th.e Requesting Party's political subdivision to serve as relief centers or-staging areas for incoming emergency goods and services; and I 6. A specific time and place for a representative of the i Requesting Party to meet the personnel and equipment of any Assisting Party. I This information may be provided on the form attached as i Exhibit B, or by any other available means. The Division may revise the format of Exhibit B subsequent to the execution of i this agreement, in which case it shall distribute coipies to all participating governments. I D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO IRENDER ASSISTANCE: When contacted by a Requesting Party or the Division the authorized representatives of any participating I government agree to assess their government's situation to i determine available personnel, equipment and other resources. All participating governments shall render assistance to the I extent personnel, equipment and resources available. are participating government agrees to render assistance in Each accordance with the terms of this Agreement to the fullest extent i other resources, they shall so notify the Requesting Party possible. When the authorized representative determines that his Participating Government has available personnel, equipment or or the 9 ~it 27. 1~ % Division, whichever communicated the request, and provide the . I information below. The DiviSion shall, upon response from Requesting Party, notify the authorized representative of the Requesting Party and provide them with the following information, to the extent known: 1. A complete description of the personnel, equipment, and materials to be furnished to the Requesting Party; 2. The estimated length of time the personnel, and materials will be available; sufficient participating parties'to meet the needs of the I equipment, I 3. The areas of experience and abilities of the personnel i and the capability of the equipment to be furnished; 4. The name of the person or persons to be designated as I supervisory personnel; and i 5. The estimated time when the assistance provided will arrive at the location designated by the authorized I representative of, the Requesting Party. ~ · E. SUPERVISION AND CONTROLt The personnel, equipment and any Assisting Party shall remain under operational I resources of control of the Requesting Party for the area in which they are serving. Dire~t supervision and control of said personnel, ~ equipment and resources shall remain with the designated I supervisory personnel of the Assisting Party. Representatives of the Requesting Party shall provide work tasks to the supervisory I 10 personnel of the Assisting Party. The designated supervisory · personnel of the Assisting Party shall have the responsibility and authority.for assigning work and establishing work schedules for the personnel of the Assisting Party, based on task or mission assignments provided by the Requesting Party and the Division. The designated supervisory personnel of the Assisting 'Party shall: maintain daily personnel time records, material records and a log of equipment hours; be responsible for the I operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. ~he As~isting Party's personnel and other resources shall ~emaln subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party and the Division. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided.. F. FOOD; HOUSING; SELF-SUFFICIENCY Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the 11 Air'il 27. 1~1~ greatest extent possible, self-sufficient for operations in area~ I stricken by emergencies or disasters. 'The Requesting Party may specify only self-sufficient personnel and resources in its i request for assistance. otherwise, I COMMUNICATIONS: Unless specifically instructed the Requesting Party shall have the responsibility for I coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party I personnel should be prepared to furnish communications equipment I sufficient to maintain communications, among their respective operating units. ' I H. RIGHTS AND PRIVILEGES .Whenever the employees of the· ~ Assisting Party are rendering outside aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment. I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall I complete a written acknowledgment regarding the assistance to be rendered, setting forth the information transmitted in the I request, and shall transmit it by the quickest practical means to ~ the Assisting Party or the Division, as applicable, for approval. serve as this written acknowledgement is attached as I The form to Attachment C. The Requesting Party/Division shall respond to the written acknowledgement by executing and returning a copy to the ~ 12 Requesting Party by the quickest practical means, maintaining a. copy for its files. SECTION 3. REIMBURSABL~ EXPENS~ The. terms and conditions governing reimbursement for any assistance provided under this Agreement shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the written acknowledgment executed in accordance with paragraph 2.I. of this Agreement. The Requesting Party shall be ultimately responsible for reimbursement of all reimbursable expenses. A. PERSONNEL -.During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses.incurred during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). The Requesting Party shall reimburse any amounts paid or due for compensation to employees of the Assisting Party under the terms of the Florida Workers' Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this Agreement. While providing services to the Requesting Party, employees of the Assisting Party shall be considered "borrow servants', of the 13 Requesting Party and shall be considered in the "dual employment". with the Requesting and Assisting Parties, subject to the supervision and control of both for purposes of Chapter 440, I Florida Statutes. While the Requesting Party shall reimburse the I Assisting Party for payments made in workers' compensation benefits required to be paid to its employees due to personal I injury or death, the Division, and both the Requesting and Assisting Party shall enjoy immunity from civil prosecution as I provided for in the Florida Workers' Compensation Act. I B. EQUIPMENT - The Assisting party shall be reimbursed by the Requesting Party for the use of its equipment during the I period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with ~4 CFR 206.228. The Assisting Party shall pay for all repairs to 1ts equipment as determined necessary by its I on-site supervisor(s) to maintain such equipment in safe and I operatic?al condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. The total equiPment charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the 14 Requesting Party and by costs of equipment, the amount of any insurance proceeds receivea by the Assisting Party. c. MATERIALS AND SUPPLIES - TheAssisting Party shall be reimbursed for all materials and supplies furnished by.it and used or damaged during the period of assistance, except for the fuel and maintenance materials, labor and circumstances in the operation and control of all materials and supplies used by them during the period of assistance. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228. In the alternative, the Parties may agree.that the Requesting Party will replace, with like kind and quality as determined by the.Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Division. D. RECORD KEEPING ' The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party or the Division using format used or required by FEMA publications, including 44 CFR part 13 and applicable Office of Management and Budget Circulars. Requesting Party and Division supplies, which shall be included in the equipment rate established in 3.3· above, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the Assisting Party's personnel. The Assisting Party's Personnel shall use reasonable care under the 15 I finance persor~lel shall provide information, directions, and assistance for record Xeeping ~o Assisting Party personnel. I E. PAYHENT -- Unless o~herwise mutually, agreed in .~he ~ written acknowledgeaen= executed in accordance with paragraph written addendu~to ~he acknowledgement, the I 2.I. subse~u~t Assisting Party shall bill T_he Requesting Party for all reimbursable expenaes witch an itemized Notice as soon as ~ practicable after the expenses are incurred, but not later than I sixty (60) days £ollowi~g the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 I CFR part 206. The'~Re~uesting Party sha~l pay the bill, or advise of'any disputed items, not later than s~xty (60)daya following i ~he billing date. These timeframes may be modified by mutual I agreement. This shall not preclude an Assisting Party or Requesting Party fro~ assuming or donating, in whole or in part, I the costs associated wl~h any loss, damage, expense or use of equipme~ and resources provided to a Requesting personnel, Par~y. F. PAYMENT BY OR THROUGH TH~ DIVISION= The Division of Emergency Eanagemen~ may reimburse for all actual and necessary travel and subsistence expenses for personnel providing assistance pursuant to =he request of the Division, to the extent of funds available, and contingen~ upon an annual appropriation from the Legislature for such purposes. The Assisting Party I 16 TOTRL P. 01 shall be responsible for making written request to the Division . for reimbursement of travel and subsistence expenses, prior to submittinga request for payment to the Requesting Party. The Assisting Party's written request should be submitted as soon as possible after expiration of the period of assistance. The Division shall provide a written response to said requests within ten (10) days of actual receipt. If the Division denies said request, the Assisting Party shall then bill the Requesting Party. In the event that an affected jurisdiction requests assistance without forWarding said request through the Division, assisting party provides assistance without having been or an requested by the Division to do so, the Division shall not be liable for reimbursement of any of the cost(s) of assistance. The Division may serve as the eligible entity for requesting reimbursement of eligible costs from FEMA. Any costs to be so reimbursed by or through the Division shall be determined in accordance with 44 CFR 206.228. The Division may authorize applications for reimbursement of eligible costs from the undeclared disaster portion of the Emergency Management Preparedness and Assistance Trust Fund established pursuant to Section 252.373, Florida Statutes, in the event that the disaster or emergency event is not declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act0 Public Law 93-288, as amended by Public Law 100-707. Such applications 17 shall be evaluated pursuant to rules established by the and may be funded only to the extent of available funds. SECTION 4.. ~ Division, SECTION Each participating government shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. If a participating government is insured, its file shall contain a letter from its insurance carrier authorizing it to provide and receive, assistance under this Agreement, and indicating that there will be no lapse in its insurance coverage either on employees, vehicles, or liability. If a participating governm.ent is sel~-~nsured, its file shall contain a copy of a resolution authorizing its self-insurance program. A copy of the I insurance carrier's letter or the resolution of self-insurance shall be attached to the executed copy of this Agreement which is filed with the Division. Each Assisting Party shall be solely responsible for determining that its insurance is current and I adequate prior to providing assistance under this agreement. The amount of reimbursement from the Division or the Requesting Party shall be reduced by the amount of any insurance proceeds to which the Assisting Party is entitled as a result of losses experienced in rendering assistance pursuant to this Agreement. SECTION 5. LIABILITY 18 To the extent permitted by law, and without waiving sovereign immunity, each Party to this Agreement shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel, in providing mutual aid assistance rendered or performed pursuant to the'terms and conditions of this Agreement. SECTION 6. LENGTH OF TIME FOR ~MERGENCY The duration of such state of emergency declared by the Requesting Party is limited to seven (7) days. It may be extended, if necessary, in 7 day increments. SECTION 7. TERM This Agreement shall be in effect for one (1) year from the date hereof and shall automatically be renewed in successive one (1) year terms unless terminated in writing by the participating government. Notice of such termination shall be made in writing and shall be served personally or by registered mail upon the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida, which shall provide copies to all other Participating Parties. SECTION 8. EFFECTIVE DATE OF T~IS AGREEMENT This Agreement shall be in full force and effect upon. approval by the participating government and upon proper exgcution hereof. 19 SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT · The responsibilities the Division of Emergency Management, Florida Department of Community Affairs under this Agreement are to: (1) request mutual aid on behalf of a participating government, under the circumstances identified in this Agreement; (2) coordinate the provision of mutual aid to a requesting party, pursuant to the provisions of this Agreement; (3) serve as the eligible entity for requesting reimbursement of eligible costs from FEMA, upon a Presidential disaster declaration; (4) serve as central depository for executed Agreements; and (5) maintain a current listing of Participating Governments with their Authorized Representative and contact information, and to provide a copy of the listing to each of the Participating Governments on an annual basis during the second quarter of the calendar year. SECTION 10. SEVERABILITY= EFFECT ON OTHER AGREEMENTS · Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Agreement shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. In the event into other mutual F~llo~ida Statutes, that any parties to this agreement have entered aid agreements, pursuant to Section 252.40, or interlocal agreements, pursuant to.Section 2O I i 163.01, Florida Statutes, those parties agree that sai'd agreements are superseded by this agreement only for emergency I .management.assistance and activities performed in catastrophic emergencies pursuant to this agreement. In the event that two or I more parties to this agreement have not entered into another mutual aid agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this agreement shall apply unless otherwise agreed between those parties. 21 ! IN WITNESS WHEREOF, the parties set forth below have duly · I executed this Agreement on the date set forth below: I ATTEST: 3. K. ~TO~ BOARD OF ~_~r7 6~,~,~~ CLF~QF T.H~_QIRCU!~ CO~T OF ~-~~ /f~ FLORIDA AS TO FORM. Office of the Attorney EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN ...... , COUNTY (attach auth~rizing resolution or ordinance I and insurance letter or resolution for each) Political Subdivision , by Authorized Official Date Political Subdivision , by Authorized Official Date Political Subdivision , by Authorized Official Date , by ... Political Subdivision AUthorized official Date Political Subdivision Authorized Official Date Political Subdivision , by Authorized Official Date ~, by Political Subdivision Authorized Official Date ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT By.:~ Director 22 MUTUAL AID AGREEMENT FOR CATASTROPHIC RESPONSE/RECOVERY APPENDIX A Date: Name of Government: Mailing Address: City, State, Zip Code: Authorized Representatives to Contact for Emergenc~Assistance: Primarv_.ReDresentative Title: Address: Day Phone:, Fax Number: 1st Alte~rnate Name: Night Phone: Representa~tive Title: Address: Day Phone: Fax Number: 2nd Alternate RepresgntatSve Name: Night Phone: Title: Address: Day Phone: Night Phone: RE~ ~'r RED :r'HFORJ(AT~r OH following information~ to the extent known: i General description of the damage sustained: i Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed: 24 Each request for assistance shall be accompanied by the I ! 3. Identification of the publi° infrastructure system for which assistance .is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed: · 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed= 5. The need for sites, structures or buildings outside the Requesting Party's political subdivision to serve as relief centers or staging areas for incoming emergency goods and services: I 25 .REQUIRED INFORMATION (continued) 6. A specific time and place for & representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. ACKNOWLEDGMENT To be completed by each Assisting Party. NAME OF ASSISTING PARTY= AUTHORIZED REPRESENTATIVE: CONTACT NUMBER/PROCEDURES: 1. Assistance To Be Provided: Resource Type Amount Assignment Est. Time Arrival 2. Availability of Additional Resources: 3. Time Limitations, if any: 27 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX 589-5570 (407) SUBJECT: WAIVER OF BID PROCEDURE TO FINISH THE COMMUNITY DEVELOPMENT MOBILE SHELVES SYSTEM Approval for Submittal By: City Manager ,~~/ ) Agenda Number: ). ). ) Date Submitted: 06/13/94 ~/~_~ ) ) For Agenda Of: 07/13/94 ) ) Exhibits: ) 1. Quotation from International Group ) Marketing, Inc. ) 2. Operating statement for the month ) of April 1994 EXPENDITURE REQUIRED: $4,601.00 AMOUNT BUDGETED: $4,601.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The Community Development Department completed its building addition to store the department files in 1993. At that time, the department could only construct approximately 70 percent of the mobile file shelf system due to budget restraints. Currently, there is $4,601.00 budgeted for the completion of this file system. In order to complete the mobile file system constructed by Pipp Mobile Systems, staff is asking the City Council to waive the bidding procedures for International Group Marketing, Inc. since they are the sole proprietor of the system in this area. RECOMMENDED ACTION Move to approve the waiver of bid procedure and authorize the purchase of "Pipp Mobile Systems" in the amount $4,601.00. OPERATING STATEMENT FOR THE MONTH OF APRIL 1994 001 GENERAL FUND (CONT'D) 524 COMMUNIT7 DEVELOPMENT DEPARTMJ=NT EXPENDITURES 001 524 120 524 130 524 140 524 150 524 190 524. 210 524 220 524 230 524 240 524 250 524 316 524 340 524 400 524 410 524 420 524 432 524 440 524 461 524 462 524 464 524 4.7O 524 490 524 492 524 510 524 520 524 521 524 527 524 528 524 529 524 540 524 541 524 542 COMMUNITY DEVELOPMENT PERSONNEL REGULAR SALARIES 16,018 - 121,156 234,602 52% OTHER SALARIES & WAGES 1,422 1,651 500 330% OVERTIME 0 539 1,200 45% SPECIAL PAY 0 0 0 ~ LEAVE 0 0. 0 O% FICA MATCHING 1,343 9,599 18,981 51% DEFERRED COMPENSATION 614. ' 5,087 11,815 43% H & A INSURANCE 2,100 16,700 37,800 44% WORKERS COMPENSATION INS (7,946) 0 .0 ~ UNEMPLOYMENT COMPENSATION 0 0 0 0% .~.;. :;..~ ! ~ .... , ,~_.___~_~. ~- ~ ..~. ~,~,.~ .'~ .... :.:~ ~ - COMMUNITY DEVELOPMENT OPERATING COSTS OTHER PROFESSIONAL SERVICES 0 216 300 72% OTHER CONTRACTUAL SERVICE 0 0 300 0% TRAVEL & PER DIEM 57 1,447 2,000 72% TELEPHONE 15 149 500 30% POSTAGE 0 0 150 OS'° WATER 0 107 400 27% EQUIPMENT LEASES 0 56 90 82% REPAIR/MAINT. VEHICLES 202 1,017 1,000 102% REPAIR/MAINT. COMPUTERS 0 758 1,000 76% REPAIR/MAINT. OTHER 560 1,277 2,500 51% PRINTING & BINDING 168 899 1,100 82% OTHER CURRENT CHARGES 0 1 100 1% LEGAL ADS 0 78 100 78% OFFICE SUPPLIES 91 755 1,500 50% OPERATING SUPPLIES 14 472 500 94% SMALL TOOLS UNDER (~500) 0 135 200 68% UNIFORMS & SHOES 0 35 100 35% TIRES (ONLY) 362 362 500 72% GASOLINE & OIL 258 1,411 2,500 56% BOOKS & PUBLICATIONS 13 13 700 2% DUES & MEMBERSHIPS 100 468 500 94% EDUCATIONAL COSTS 0 740 800 93% OMMUNITY DEVELOPMENT CAPITAL OUTLAY EQUIPMENT 3,096 3,096 12,760 24% 05/16/94 18 International Group Marketing, Inc.' Post Office Box 3816 Veto Beach,Fla 32964 TO: Bruce Cooper,Dlr. Bldg.I~pt. City of Sebestain IN~U~lqY NO. 521 DATE: 5/19/94 ~: Net 30 daFs DEL~ERY: 2-4 Weeks SR a3LE, 1 1/2% LATE C~I~E AFIER 30 ~Y3. Pipp Hobile Systems 30"x144" Mechanical Assist Carriages with Tennsco File Shelving to n~tch ex/sting ~ emlplcte system. Includes Mediu~ Oak HPL l~t Panels. Units have rusw Pipp Mechanical Assist Drive Units with Hub Locks included. Pricing includes all materials,freight and instal lat/on costs ............................... (Pricing based on $1.24 per file inch less cost of rails) If you have any questlor~s please call 407-234-3971. l~ke P.O. to Pipp Hobile Systems c/o ~nterr~ationai Group ~larketirlg Inc. $ 4,601.00 i~ par~~ ' , e Anoepted City Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 ) ) Date Submitted 07-07-94 Approved for Submittal By: CityManager ~/~ For Agenda of 07-13-94 Exhibits: Prestige Ford Spec Sheet EXPENDITURE REQUIRED: $14,631. AMOUNT APPROPRIATION BUDGETED: $15,000 REQUIRED: 0 SUMMARY STATEMENT City Council can waive bidding procedures for good reasons such as purchases from the state contract bid in which the state has advertised for contract bid prices on various items from various vendors. The Ford F350 truck that Public Works is requesting Council to purchase, was approved by the budget for Fiscal year 93/94. The Ford manufacturing company has only manufactured a limited number of Ford F350 trucks available on the state contract. Consequently all the trucks have been purchased and new trucks would not be available until after October 1st, 1994. Staff has made several phone calls to various Ford dealerships throughout Florida and was able to locate one F350 still on State Contract which has not been purchased. The State Contract Number for the purchase of this equipment is 070-600-010 for a base price of $12,050. Additional costs associated with the purchase of this truck are items that have already been installed on the vehicle as follows: 1001 A 468 Cylinder engine 2007 Automatic transmission 3001 Limited slip differential 5001 A/C 6001 Outside mirrors 8006 11,000 lb GVWR Total price for the truck $450. $850. $252. $750. 125. 154. $14,631. Staff is aware of council's reluctance to buy City vehicles especially .trucks with air conditioning. This truck will be used for the sign shop. Their truck will be converted to a stake body truck to be.used by the Parks Department. Funding for this project is from the Local Option Gas Tax Fund and funds are available. RECOMMENDED ACTION Move to waive bidding procedures and instruct staff to purchase the Ford F350 truck in the amount of $14,631 FOB from Prestige Ford of Eustis, Fl. ?r~st~B~ For 1-800-443-127! in~lorid~, 1-904 3J? ~2:2 c~ll i~_. you did not receive this infom~afion. F~ Numbors: 1-904-357-8838 offioe To :"~~ Company / Name :O.t~ ~4' -~,-~~ Fax Number: 4crl-.S!~- ~7~ F~'om tho a~, of: Susie Igou Fleet Department Sales Manager Number of Pages including Covor-Sheet :- Colllments: OPTION #6~1 ~EGT CORBT ~[RRORS DPTZDN #SBB7 ~FT STRKE pLRTFDR~ DUaA FACT CERTIFIED~ MZN 161 WHE£L BABE ' 3ERRY I RM SENDING A COPY FO THE CONTRACT PLEASE LET ME KNOW WHAT I CAN DO TO HELP II0'70-600-01.0 '" I oNE TON ~RUCK, CHASSIS-CAB' 4X2 . CHEV]tOL~T/GHC C3500f DODGE 3500 4x2, FO~D F350 4X2, OR ~PROVED ~UIV~NT : ' ' ~ n · l~d s eoi~o~tion is no~ complete unlelB ~ is used i . iNOTE. This detai P ..... ~ -~-.._- '~~ E UIR~ENTS ALL LIG~ V~ICL~S~ dar9d 8/26/93 , ' I~SNDED V~ICLE U~ USED FOR INSTALLATION OF VARIOUS TYPES OF AFTERMARKET BODIES AND TI~ANSPORTATION OF UP To THREE INDIVIDUAL8 ON THE HIGHWAY AND OFF THE HIGHWAY ON UNIMPROVED ROADS. ETD GVWR 11t000 LBS. 10. ENGINE= ~aeoline engine, va, minimu'~ 5.7L (~50 ciD) and 19o Net HP. The following engines, Or approved aquiv&l&nt, ara ac=eptabla: i Dodge; 5.9L (360 CID),. 230 Net HP*(HPI) Ford: 5.eL (351 CID), 200 Net HPA(EFI) GM: 5.7L (350 CID), 190 Ne~ HP*(EFI) · Eatimated Dst HP ra~ing 20. TRANSMISSION: Manual overdrive tranamieaion with PTO opening(a), I 30. 5-speed, minimum. AXLESt SEE SPECIFICATION GRLV-1, SECTION 30. pressure and, coolanU =ampere=uts ~ ~ voltmeter, £ual, oil 50. COMFORT ITEMS: SSS SPECIFICATION GRLV-1, SECTION 50. I 60. SAFETY ITEHS ~ I A. Outeid~ mirror~, LH &.I~H eide~., adjustable arm ~ype, size 6.5" x ~.0~'; inszd~ rea~v~ew ~irror. B. Klectrio backup ala~. minimum 70. TIRES & WHEELS~ Sev%n (7) LT 215/85R16D or larger radial BSW Lt-~etrio 16" highway or all sea,one ~read tires, du&l rear. wheel and tire. Jack (3-ton) and tire ~ool to be included. Spare BO. 90. 070,600-010 (6). C?.HASSZm, F~d(.~, CAB; i purohaa~ng &goncy. CONDZTIONS~ BEE ~pECIFZCATION GIlT, V-i, SECTION 90. 303 Po_~ PAYLOAD(Less Body) ~ laOTIaNO · 061 GVWR_~PAYLOAD(Looo Body) iList 811 manu£aoturer'~ ordering Florida Contrec~ "Base" Vehiolo. 6400 TIRE SIZE LT215/85RX16 ....... 6200 . TIRE SIZE LT21SlSSRX16 codec required to oetablAsh a State of ........... XO OR ANY STANDARD F~C'TOR¥ COLOR I&V .... 533 44W , S4B TIS3 ............ I X65 ..... 587 209 ........... 76:) 99H .... 512 630A _. pEAT.~q ~CKUP ALAI~ DEAT.~R HUD FLAPS 137" W.B. 304 070-600-020 (6) COHTRACTOR #e~tern Dietr~ct ~?~GZ FORD sorthern Dietr[ct ,.F~s~G~ Southern Distriot ~STIGE F0~ NAZ~FORD ~NARSIS~CARF]50 dX2 DimCOUNT~ 0 HODEL# PR/CE ..... ]'3"/ ~(A) ~ ~(~3) (D) *Diloount per ~nit for yehicl9 picked up by ordering agenoy at oontreotor'~ pleoe of Approximate delivery time required a£L~r-rece~pt of order; 305 132. 2~. ~4 I0~0~: OPTIONS: . 070-600-0~0 (6) ~ ~FORD C~ASS~S~CA~ F350 4X2 070-600-011 - Option; Truo~, One Ton, Ch&asil-Cab~ 4x2, Spec. 6 J 41) 1001. Gasoline engine, VS, minimum 7.4L (454 CID) and 230 Ne~ BP. The £ollowing enginss~ or approved equivalent, are ao¢aptable~ i , *~stimated net HP rating I .,.)~..~RDER C~DB .. ' ggG _ P,ICE ,4S0.OO (2) 100~. Diesel engine, I6 or VS, ~inl~um'5.gL (360 CID) and 160 Net HP: The following engines, or approved equivalent, are i acceptable: cummins: ~igL (360 CID), 160'Net HP*(Diesel) I Ford; 3L (444 CID)~ 180 Net HP*(DXIIel) GM: 6 5L (395 CID)~ 190 Not HP*(Diesel) *Estimated net HP rating I ORDER CODF~ 99M __ PRICE` 81.325.00 . . · I (3) 2002. Transmiesio~-driven PT0 (~a~ual transmission only), installed. To inctude daih'mounted light to indicate when I iI i 20J)7 · I I(6) J 3001 3002 PTO is engaged. ORDER CODE_. . .DEALER ,, PRICE~ S230.00 . ,, Autom~tl;..overdrlve tran~mieeion, 4-epeoa.(P~O opening not roquirod)~ to include ~n auxiliary transm~ssxo~ ell cooler, £actory installed. (Bmr/ Rngine) (option 100~) (option 1002) ORDKR CDD~ ._ &&E ORDER CODE ....... 446 ORDER COD~ %%~ optional rear axle ratio(s). RATIO(S) BID:. 4.10 ORDBR CODE_. X65.. PRICE 98.50.00 PRICE_ S850.00 PRICE ~50.00 state ratio(s) bid. .. PRICE ..... ETD . ORDER CODE .XF5 ,, PRICE_.8252.00 - 306 070-600-01-0 (~) MAKE FORD CHASSIS-CAB F350 4X2 OPTIONS 5001. 5003 · (continued) Air oondi~ioning, factory installed. ORDER CODE 572 PRICE S750.O0 .Electronic ipaed con,.re1 with reeume feature, factory inet&lied. (9) 500?. (10) ORDER CODS ....... ~2N PRICE $383.00 I Rain mht&lda over door windowm. Auto Yentmhade Co. (1-8oo- i 241-7219) or approved equivalent. (11) 7003. ORDER CODE .......... LMA PRICE .... S12S.00 Seven (7) LT215/BSRX6D or larger r&diaZ BSW LT-Hetrio 16" tires, dual rear, wi~h on-o£f road tread on rear tire only. T6C PRICE .... Slll. O0 ORDER CODE .... speo£al e~&~e colore. DOT Ymllow (DuPont Cmntmrt Lg069A), Jade Green Hetallio (DuPont Ce~ltar~ Kg027A), or Meadow Green (DuPont Omn~mri KgO3BA). FioCory painting ~referred. Stmtm whmthmr or not the vehicle will bm factory pai~md. SEE SPSCIFICATION ~RLV-1, NOTE ~. FACTORY PAINTED~ YELLOW Y(X) N(), JADE GREEN ¥(X) N (), X~D0W GnXE~ Y (x) N ( ) (Yellow] ORDER COD~ (Jade Green) o~.u~m~ uob~ (Meadow Green) ORDBR CODE .SP101 PRICE~. N/C SP101 PRICE S?5.0o (22) 800'L. 307 I I 070-600-010 iOPTIONS: (continued) (13) 8002. Special mtate colors, ~wo-tone. 'Olympic White (DuPont Cmntari Kg031A) &boys dripetrip on cab and Dark ~reen HetallXo (DuPon~ Canl~ Xg030A) on remeXnd~ of cab. Yacto~ paXnt~nq pre~~. S~at6 ~hether or not the vmh~cle v~ll be ~acto~ ~a~nt~d. SEE SPECIF~TION I (14) BP222 PRICE S160.O0 GVWR, £actory certified. ~inimum cab-to-axle dimension. S~54.00 8006. NOTE ~. FACTORY PAIHTED~ ORDER CODE ~inimum &2,oeo lb. wheelbase; minimumS_~ i OltD~ CODE ,, 1~1 WHEELBASE J PRICE 9' stake and piat£ormbody, specification STAKE-9. installed,, am per attached ONDER CODE DEA~RR g' STAKE PRICE 81~520.00 12' stake and platfor~body, installed, as per attached apaci£icatton STAKe-il. Requires option 8006 which ie not inoludgd. 8007 · I (3.6) soo8. ORDER COD]I~I~~~~Ik- PRICE S1.700.00 I (17) 8009. 2 Gu. yd. heavy-duty dump body, installed, as per attached mpecification DUMP-2. Requires opt/on 6006 WhiCh included. I ORDER CODE_ DRAL~R..2¥D. DUHP PRICE S3.100.00 (18) 8010. Delete side and rear e~akam as spoolf~ad in options 8026 I and 8027. Specify credit allowed, r~. (Option 8007) ORDER COP~ PRICE 8017. DELETE (Option 8008) ORDER CODF~12' STAKES .PRICE Total fuel tank capacity 30 U.S. gallons, minimum, factory installed. ORDER CODE .DEALER DELETE 651 PRICE S116.00 (NOT~ To U~K. THIO OPTloN iG OTANDAI~D WZ~I--OD~ION 1002 FO~ FORD ~D IS BT~D~ FOR A~ DODGE V~HICLBB IN THIS SPECIFICATION) 308 I I I i 070--600-010 0~TIONS: (20) :, .~AK~.~ORD CHASSIS-CAB F350 4X2 (continued) S021. Special state oolors~ two-tons.. Olympic White (DuPont ~' '~"'~" Cent~ri Kg031A) above dripstr~p on cab end DOT Yellow ' (DuPont Centari Kg069A) on remainder of cab. Factory painting preferred. State whether or not the vehicle .will be factory painted. SEE SPECIFICATION GRLV-1, NOTE 1. % ~ACTOR¥ PAINTED=' YELLOW Y(X) N(), WHITE Y(X) '.N( ) ORDER CODE . SP222 PRICE ~160.00 (21) 9902. Delay in warranty start date to. allbw for body installation. (Warranty to become effecti~e when vehicle is put in uae rather than st time of delivery). (22) 9903. ORDER CODE DEALER~DELAY WARRANTY PRICE N/C ' / *Rustp.roo ng in oo plianoe vita mpeci£to tions HDRP-3 and · ! ORDER CODE.._ DEALER PRICE 8 75. O0 (~3) (24) 9904. 9905. Manufacturer's Extended Vehicle Warranty (beyond '~anufacturer'e ~tandsrd Vehlcle'Warrenty).. Warranty shall be for a period of 5 years or 70,000 mile~ whichever occurs ftret. 'SEE SPECIFICATION EVW ~RDER COD~ D~AL~R ESP S~5 PRICE '~1.050.00 ~anUfacturar's Extended Vehicle Warranty (beyond Manufacturer'~ Standard V~hiole Warranty). Warrant~ shall be for a period of ~ years' or 100,000 miles w~ichever occurs first, SEE SPECIFICATION EVW ORDER CODE DEALER ESP'6]100 PRICE.~ Sl.8~5.00 . City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FOR AMERON HOMES INC. Approved For Submittal By: City Manager ) Agenda Number: ) ) Dept. Origin: Community Develqpment ) (BC)/ ) Date Submitted: 07/06/94 For Agenda Of: 07/13/94 Exhibits: Land clearing application and survey. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Pursuant to the City Council's direction at its regular meeting of May 22, 1991, the City of Sebastian Building Department requires a tree removal permit to be obtained prior to removal of trees. The applicant, Ameron Homes, Inc. is requesting removal of one 26" specimen oak tree, located at 340 Seaside Terrace, Lot 3, Block 180, Sebastian Highlands Unit 8. The tree is located where the proposed home will be. RECOMMENDED ACTION Move to approve the removal of the specimen tree located at 340 Seaside Terrace, Lot 3, Block 180, Unit 8. CiTY OF SEUASTIAN / APPLICATION FOR CLEARING AND REMOVAL AND/OR RELOCATION"-~ TREES STREET ADDRESS{ LOT NO.{ $ SUBDIVISIONt BLOC{( NO.: 7'$.0 UNIT NO.~ {X)NTRACTOI{{ Al)DRESS= Amcron Hom¢~ l~c Pd)_,~__780874 Scbasticm F1 ZIP'.' $2978-0874' PIlONE t _ 40 7- 5~9-1999 SUB-CONTRACTOR { . '_T.G,. A{)I)RESS: PO_BOX 422 =F~LSMERE PIIONE: 407~.571,-05~7 . ~ FL REASON FOR TIIR PERMIT-. To cu~'~,CCuc.t a SiJ,tqle_. .... ,- ....... F~m~ R~idenee Oi{NER OF PROPERTY: LOUISE SPRAGUE PHONR NO.: 407~388-~#43 ZIP: ~fS'~ .... I I I I I I certify that all time foregoing info,'mation is accurate and that all work will be done in compliance with time Land m Development Code ( Article XIV ) . ~ THERE ARE N0 SPECIMEN TREES ON TIlE PR< S iunp t,, ' APPLICATION MUST INCLUDE: I. On a survey, ']~ate all specimen trees' (20 inch diameter or more). Indicate which trees to be removed and/or relocated. Indicate time species of each tree. All specimen trees 120 inch diameter or more) to be removed or relocated must obtain the approval 'of the Sebastian City Council. A survey immdicating all improvements must be submitted j. relation to the removal of the specimen trees. Applicant must tag all specimen trees with a bright ribbot, around the tree approximately 6 feet above the grade, Office Use Only SITE INSPECTION BY, ~-~ fO.-~/~ APPROVED FOR PERMIT{ YES ~ ' MUST OBTAIN CITY COUNCIL APPROVAL~ YES~~ NO~ ~E YES, DATE O~ cITy COUNCiI,~APPROVAL: City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 NOTICE REFERENCE, Lot The Florida scrub Endangered Species $ 180 .,, Block ~L , Unit Jay is provided protection under the Act of 1973 (Act), as amended (16 U.S.C. 1531-1543), and by regulations promulgated thereunder (50 CFR Part 17). Section 9 of this federal statute and the '~mplementing regulations prohibit the "take" of any endangered or threatened species. Take is defined to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm and harass are further defined in the Code of Federal Regulations: harass is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Harm is further defined as an act which actually kills or injures wildlife. Therefore, any activity or omission, including disruption or modification of habitat occupied by scrub Jays, which significantly alters the behavior of the Jays or creates tile likelihood of injury or death to the birds, may constitute a violation of section 9 of the Act. If you have any questions concerning this matter or wish to have someone verify whether or not scrub Jays exist on your property, please contact Brian Toland, Game and Fresh Water Fish, 778-5094 or Jane Tutton, Fish and Wildlife, 562-3909. I do hereby certify that I have inspected the above- referenced property and have determined that there are no endangered or threatened species located on this property. cknow~dgement Bruce Cooper Director of Community Development scrubJay.wp 1~1.5101 KJ. Will $ ~lflt(' gill IR$1II{UfI~ ~lfll( IIIIT WIlL PI,'4UI U{ i.. ~'.11 I1{ Olll RN#I Ol WAY gO.OO'(l[rJ ~6ut ramify t ~m~ (JSF~IUl llll~ IIitK ilo BIsIOL $[PII( r'-1 · APPBUUUA1F. I _1 y4tA~T Vi{Al, Il PLOT pLANS NOT - -'"" ,BED FOR 'TO '~r.:. u L/.~¥OUT pUHt uo According co Nap No. 12061C0078E, Panel 78 of 169, datad Nay 4, 1989,'Chid property lte$ tn ~lond Zone X. NOtlr: AO,~IINJ;R$ SHO#N HA~E NOT BE. ICH IIUNyI~YEO. DRAWINGS ARE ~T LLOT 3[MMIJ~ HI~HLIUO~ UUI1 PLAT Of SURVEY FOR: A. ERo..o~s P.I.P.*IP~NAI(NI C~(ITG. FNJllil P.T.*P~INT QF IAiiqXT C. luL-CllC~I( ~ llfP S~ ~*~l( &LL-~IflT ~ ~il~]W f.~-~lNt Y ~T SURVEYOR' S NOTES: ~ ~ ,~,~A,,~ ~,, ~ ~,,. Exit ,, ~ w~d,., ~,~. City of Sebastian 1225 MAiN STREET '-' SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-,5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Community Center-Wedding Reception-Cynthia Woods APPROVED FOR SUBMITTAL BY: City Manager: Agenda NO. ~/"/'/~,_~ Dept. Origin ci~ C~erk,~ Date Submitted 06/29/94 For Agenda of 07/13/94 Exhibits: Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Cynthia Woods for use of the Community Center on July 23, 1994, to hold a wedding reception between the hours of 2:00 P.M. and 8:00 P.M. She is requesting use of alcohol at this event. RECOM34~NDED ACTION Review the above request and act accordingly. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION C011edIIIW ~I~, r/ YLr~T CLIm linde of Renter / Organization C ~ ~T'~'~ fi t Dor~ c~ ~ N~r of Pe~ons ~nstitut~o ~ or o~aization: ~-.~ o Reason for Rental ~/~'M a ~ ~'~ ........ I ' Requested Date ,-7"~.,~. i ~ ~ ~ . i ?ime of Day: From ~?.'o'o ?,,o To Please a~r I~ or 1) Are kitchen facilities required? 2) Are 7ou a resident of Sebastian? 3) Will decorations be put up? 4) I~ill there be an a/~ission or door charge? -I 5) #ill alcohOlic beverages be served? ,~/~-'-.~ (a) If answer to t5 is yes- pemittee's proof of age (b) If alcohol is to be served, permission is .re~.ired..b~ the City Council. /¥our/requ. est will be presented on ~//$/ri,' to ~ouncu ,ount of Rental"l/~;.v.~ Security Deposit: ~?otal Renial: Name of Pen~ttee: ~ ~,~ ?elephone Ilo.: ~.~-~9f;9.~ Date of ipplication Make checks payable to: API~O~) / DISAPPBOVED Secu,rit, y_ Deposit paid on Rental Fee paid on by Check # Alcoholic Beverage Request heard at (date). (date) in the amount of or Cash ~ .... . initial (date) in the amount of or Cash initial the Council Meetin!l on Request APPRO~ / Dt~IEO. Fee Waiver Request heard at the Council Meeting on (date). Bequest APPROVED / D~IED. Key Pickup Date Key Return Date Security .Deposit returned b~ City ~heck { amount o~ on RmO~nt hept [or i~ges {if appliceble). in the (date) · City of Sebastian 1225 MAIN :STREET n ;SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ]3 FAX (407) 589-5570 SUBJECT: REQUEST GFWC SEBASTIAN RIVER JUNIOR WOMAN'S CLUB TO USE RIVERVIEW PARK Approved For Submittal By: City Manager ~~j~ ) Agenda Number: ~-/'~ ) ) Dept. Origin: Community ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) Developmentm. (BC~ 06/30/94 07/13/94 Letter dated 5-23-94 from Eileen Derrick EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The GFWC Sebastian River Junior Woman's Club is requesting permission from the City Council to utilize Riverview Park on Saturday, September 24, 1994 (with a rain date of Sunday, September 25, 1994) for a Community Service Day. There will be various booths and displays. No food or beverage sales are,planned. Unless otherwise stipulated by City Council, the following are established rules for use of Riverview Park: 1. $100.00 Security Deposit 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. Page 2 RECOMMENDED ACTION Move to approve the request from GFWC Sebastian River Junior Woman's Club to use Riverview Park on Saturday, September 24, 1994 (with rain date of Sunday, September 25, 1994), with standard conditions. Sebastian River Ju.n, ior Woman% Club Sebastian, FL ;32958 (407} 38~1922 May 23, 1994 To the Mayor and City Council of Sebastian; The.GF~C.Sebastian River'Junior Woman's Club andtheGFWC Sebastian Woman's Club would like permission touse Riverview Park for a new project on Saturday, September 24, 1994, and to arrange a rain.date for Sunday, SePtember 25, 1994 _ We.are :still .exploring a clever name for this project but basically we plan a "Community Service Day" att he park from lOAM.until 4PM. i Local .and county-~ide non-profit groups will be invited to particxpate by settzng up a booth / display / table highlighting their community service, discuss their programs with the public, and gain new volunteers / members. No fees will be charged and no food or beverage sales are planned. The park deposit will bepaidby our sponsoring clubs. We are also considering a drawing card, perhaps door prizes, to get the public to the park. I Thank you for your Consideration of this request. Should you have any questions I can be reached at 589 - 6867. I Cordially, Eileen Derrick, President I GFWC Sebastian Woman's Club Homelife Chairman GFWC Sebastian River Junior Woman's Club City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 SUBJECT: REQUEST FROM SEBASTIAN FIRST CHURCH OF THE NAZARENE TO USE RIVERVIEW PARK Approved For Submittal By: City Manager ~~ ) ) Dept. Origin: Community Development ) (BC~ ) Date Submitted: 06/28/94 ) ) For Agenda Of: 07/13/94 ) ) Exhibits: ) 1. Letter dated 6-24-94 from Pastor Ed Eby EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian First Church of the Nazarene is requesting permission from the City Council to utilize Riverview Park on Saturday, August 20, 1994, for a Family Day, sponsored by several local churches. Activities will include games, puppets, food, music, and volleyball to begin at 10:00 a.m. and conclude at 4:00 p.m. They are requesting use of electric and would like to have the bleachers set up on the south side of the Pavilion. Staff has concerns regarding the request for the bleachers. Two employees will be required to load the bleachers at the Barber Street Sports Complex, utilize a City truck to haul them to Riverview Park, and set them up. Assuming a minimum of one hour to accomplish this task, and another hour to return the bleachers, staff estimates a cost to the City of approximately $170.00. This also assumes that the applicant only wishes to use one set of bleachers. In addition, consideration must be taken for activities at the Barber Street Sports Complex where the bleachers may be needed. Unless otherwise stipulated by City Council, the following are established rules for use of Riverview Park: 1. $100.00 Security Deposit 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. ~g~ 2 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department reDarding the sale of food. RECOMMENDED ACTION Move to approve the request from Sebastian First Church of the Nazarene to use.Riverview Park on August 20, 1994, with standard conditions, along with' the use of electric. Use of bleachers will be allowed, only if applicant agrees to reimburse the City for all expenses incurred in the placement and removal of all the bleachers. June 24, 1994 ' · ';'Q"-,7' ~' ~ ~ '",~ .,~ Mr. Bm~ Cooper · ,~ City Building Dept. 1225 Ma~ St. Sebasu~, FL 3_958 De~ Mr. Cooper, :e subj~t of tbs letter is to request the use Rive~iew Park for a F~y Day, sponsored by sever~ local churches. Our target ~te ~ Au~st the 20th (Au~st the 13th ff that ~te is unavailable. One activiw wffi ~clude a "Bible:,Ckcus" for c~dren, with games, puppets and food. ~ere wffi be no charge, but donations a ffi be a~epted to help defra) expenses. We will also feature a conga to play s~ultaneously for adults and teens with a varieW of types ~d styles of music. Addition~ activities are pl~ed t~ou~out the ~y, hdu~g vo~eyb~, for the teens. ~e events will beg~ approxmately 10:00 A.M. and wffi conclude at 4:00 P.M. ~ open to ~e public and eye, one is welcome to attend. ~ suppofl of our booths and musicians, we are requesting the use of the cities utilities such as and ff possible have the bl~chers set ~e south side of the power OB Pavilion. Enclosed ~ a tentative layout of~e Bible Circus for referent. be mong the trees on the East side of the Park, nmr the restrooms. ~ other events w~l be situated around the pavilion, vo~eyball court or open areas. ~ank your for your cooperation and assistance as we plan for t~s great event with ~e cit~ens of Sebastian. S~rely, Ed Eby . I A~ "~',,,~S /Ii; 1I/[ ~ ~ .' ~ " / ,' ' . /,~~. ~ ~ . .. . /~ . ' . , ~t~ ~ I~T~ "~",. ~ ~. - City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Airport Bid Review ) ) Approwl for Su~bmittal B.y: ) City Manager, ~/~ ) ) AGENDA NO. Date Submitted: 7/07/94 For Agenda Of: 7/13/94 Exhibits: - · -' ) I EXPENDITURE AMOUNT APPROPRIATION i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The City Bid Review Cormnittee has reviewed the documents submitted by eight professional engineering firms and after listening to seven presentations, the committee has provided a short l/st h~ the following ranking order (the eighth rum was disqualified by the review committee). 2. 3. 4. Griener Engineering, Inc. Hoyle Tanner & Associates, Inc. Avcon, Inc. Williams, Hatfield & Stoner, h~c. The purpose of the consultant review was to recommend to the City Council a consulting engineering finn recognized and qualified by the Federal Aviation Administration (FAA) and the State of Florida Department of Transportation (FDOT). The selected en~eering finn will provide the pre-application for federal monies and, if approved, would provide consulting services in assisting the City with the reactivation of Runway 9-27, the rehabilitation of Runway 4-22 and the land acquisition/tenant relocation activities. Under the provisions ofFS 287.055, "Consultants Competitive Negotiation Act", the City Council may either accept the Review Committee ranking and direct the City Manager to begin contract negotiations, or the City Council ~~ each responding firm to make a presentation and then rank the firms for contract ~eg~g with the top ranked fn-m. ........ The brochures utilized by the staff during the review process are available in City Hall for your review. They are too voluminous to reproduce as inserts to this document.. RECOMMENDATION Approve the Staff Bid Review Committee ranking and direct the City Manager to enter into contract negotiations with the top ranked finn. Present the contract to the City Council at the next regularly scheduled meeting, July 27, 1994. City of~ Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 . AGENDA FOR1M ~o~o~. > ~~ ~o. ¢¢/9'/2 Resolution No. R-94-36 ) Downdrift Coalition ) Dept. Origin City Clerk~' Beach Preservation ) ) Date Submitted ~/7/94 APPROVED FOR SUBMITTAL BY: ) For Agenda Of 7/13/94 > , City Manager: q] J~vx~ )Exhibits: R-94-36 ~-' , Tomasello Letter dated 5/19/94 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: SUMMARYSTATEMENT Resolution No. R-94-36 was prepared by this office in accordance with resolutions adopted by Indian River County, Town of Orchid, and the City of Vero Beach, as requested by Mayor Firtion through Bob Bruce of the Downdrift Coalition, Inc. Attached please find a letter from Attorney Thomas G. Tomasello on behalf of the Downdrift Coalition, Inc. RECOMMENq')ED ACTION Act on Resolution No. R-94-36. RESOLUTION NO. R-94-36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING EFFORTS TO SECURE COMPLIANCE WITH FLORIDA LAW WITH RESPECT TO BEACH PRESERVATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has declared that the State's beaches and dunes are one of its most valuable natural resources in the "Beach and Shore Preservation Act", Chapter 161, F.S.; and WHEREAS, the Florida Legislature has recognized the need for the protection'of marine animals by enactment of the "Marine Turtle Protection Act", Section 370.12, F.S.; and WHEREAS, actions, public or private, which contravene the purpose and intent of said legislative enactments should be prohibited and corrective action taken; and WHEREAS, man-made coastal inlets and related jetties interrupt the natural flow of sand and cause the severe erosion of downshift beaches; and WHEREAS, at the northern boundary of Indian River County lies the man-made Sebastian Inlet with a 650 foot north jetty; and WHEREAS, to the south of said inlet there has been severe erosion for more than 35 years which is damaging public and private beach front property and threatening upland development; and WHEREAS, said erosion has and continues to have adverse impact on the nesting habitat of marine turtles; and WHEREAS, the Downdrift Coalition, Inc., a non-profit corporation, has as its. goal protection of the beaches of Indian River County from the adverse impacts of the Sebastian Inlet and in that regard has petitioned the Florida Department of Environmental Protection to require corrective action for the erosion caused by the Sebastian inlet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: SECTION 1. SUPPORT. The City Council of the City of Sebastian is concerned about erosion of beaches and dunes caused by the Sebastian Inlet. The City Council supports efforts to renourish and restore the eroded beaches of all of Indian River County. The City Council is appreciative and supportive of the Downdrift Coalition, Inc. petition to have legislative enactments concerning beaches, dunes, and sea turtles complied with. SECTION 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. EFFECTIVE DATE. This effect immediately upon its adoption. Resolution shall take The foregoing Resolution was moved for adoption .by Councilmember by Councilmember a vote, the vote was as follows: . The motion was seconded and, upon being put into MaYor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert J. Freeland Councilmember Francis Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash City Attorney OEa~gx~ Ho~, FE~Ez & COLE, AIg'OMNLeP$ Al' Iw~W ~ ATKiNSON TI'L-I:IIHON I' O~ce of me Se=e~ Dep~em of ~o~en~ ~o~e~on T~~ec, Hod~ 3~99-3~ Noti~ of ~olatiom Se~om 120.69 ~d 403.41~ Petition for E~orcement ~d VeXed Comp~t De~ Se~e~ We~ere~: . . On beh~ of ~e D~~ ~o~ h~ ~d p~u~t to Se~om ~0.69 ~d 403.412, ~o~d~ ~te~, this lettec (1) pro. des ~e Dep~ent of ~o~en~ ~ote~on ot ~olauo~ ~d (2) ~cs a c~mpl~t to D~ to e~orce ce~ vexed compel pro. iota ox ~napter 161, ~o~da S~mtes, ag~t ~e. Seb~fi~ lnle~ T~ D~ ~e a~ed Petition for E~rcement ~d VeXed C~mpl~t se~ fo~e b~m [or ~ nofic, of~olafiom ' ~ ~ ~ent DEP dqes not comply ~ ~ re~ef sou~t m th~s Pefifion/Ve~,d Complmh · e Dom~ ~fion ~ s,~k a ju~ order r,q~g D~ to do ~o. . We look fo~d to wor~g ~ D~ to resolve ~e sefi~m bea~ erosion ~ h~ ~ver Co~, ~at .b~ b~ ~d con~ues to be .... By copies of th~s leUer ~ ~e amOed Pefifion~e~ed ~mpl~h &e Do~ _ uo~uou ~o pro.des ~ ao~ce of ~o~fion to ~ yo~ . ~o~ G. To~o xc. Honombl, Rob,n Bu~pmo~ Anom~y G~a,~ (w/~a~) ~. ~ Gree~ DEP (w/end.) ~. Ke~e~ Pl~te, Gene~ Come[ DEP (w/end.) ~. Robe~ Brace, Dom~ Co~fio~ he. (w/end.)