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Home My WebLink About10231991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 23, 1991 - 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend R. Harold Lee - First Baptist Church of Sebastian 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION 91.200 A. Ordinance No. 0-91-27 - Cemetery Markers AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CEMETERY; AMENDING SECTION 8-33(b) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ALLOW FOR LARGER GRAVE SITE MARKERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 8/7/91 Workshop, 1st Reading 9/25/91, Advertised 10/9/91, Public Hearing 10/23/91) 1 91.287 91.288 91.289 91.290 91.291 10. 11. 12. 8. PUBLIC iNPUT ON AGENDA ITEMS Jeffrey R. Home - Re: CAVCorp Property - Citizen Poll on Issues Before City Council - Results of Poll Plus Personal Opinion of Pollster 9. CONSENT AGENDA A. Approval of Minutes - 10/9/91 Regular Meeting B. RESOLUTION NO. R-91-40 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, .INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST FIVE (5) FEET OF LOT 11 AND THE EAST FIVE (5) FEET OF LOT 12, BLOCK 70, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/37 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. C. RESOLUTION NO. R-91-41 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH TEN FEET OF THE SOUTH (REAR) TWENTY FOOT EASEMENT OF LOT 9, BLOCK 405, SEBASTIAN HIGHLANDS, UNIT 11 ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7/56G, 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. Rotary Club of Sebastian - Request Use of Community Center - Turkey Raffle - 11/16/91 - 7 p.m. to 11 p.m. - A/B - Wayne Brandt Permittee - DOB 6/6/51 (Application) PRESENTATIONS MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman ~ C. Councilman Powell Occupational Licenses (Section 14-28 Code of Ordinances) 2 91.199 91.292 91.293 91.294 91.295 91.296 91.297 D. Councilman Reid 13. CITY ATTORNEY MATTERS 14. 15. Review Ordinance No. 0-91-28 - Garage Sale Regulations and Set First Reading (Staff Recommendation dated 10/17/91, O-91-28) CITY MANAGER MATTERS COMMITTEE REPORTS/RECOMMENDATIONS Ao BOARD OF ADJUSTMENT Accept Resignation of Gale Matthews - Effective November 1, 1991 (Staff Recommendation dated 10/16/91, Matthews Letter dated 9/10/91) Appoint Alfred Vilardi as Regular Member - Term Effective November 1, 1991 to Expire November 1, 1994 (Staff Recommendation dated 10/16/91) B. CONSTRUCTION BOARD Appoint Randy Mosby to Regular Member - Engineer Position for Three Year Term to Expire 9/30/94 (Community Development/ Construction Board Recommendation dated 10/17/91, Application, Warrant Check) Reappoint Michael Capp as Regular Member for Three Year Term to Expire 9/30/94 (Community Development/Construction Board Recommendation dated 10/17/91, Capp Letter dated 9/6/91, Application, Warrant Check) Reappoint Chuck Neuberger as Regular Member - Electrical Contractor Position for One Year Term to Expire 9/30/92 (Community Development/Construction Board Recommendation dated 10/17/91, Neuberger Memo dated 9/4/91, Application, Warrant Check) Reappoint Dennis Dernbach as Regular Member - Concerned Citizen Position for Three Year Term to Expire 9/30/94 ( Community Development/Construction Board Recommendation dated 10/17/91, Dernbach Letter dated 9/9/91, Application, Warrant Check) 3 91.298 91.299 91.129 91.277 91.071 91.300 16. Reappoint James Haney as Regular Member for Three Year Term to Expire 9/30/94 (Community Development/Construction Board Recommendation dated 10/17/91, Haney Letter dated 8/16/91, Application, Warrant Check) Reappoint Bill Kelley as Alternate Member for One Year Term to Expire 9/30/92 (Community Development/Construction Board Recommendation dated 10/17/91, Kelley Letter dated dated 9/4/91, Application, Warrant Check) OLD BUSINESS Approve Contract for Purchase - CAVCorp Property - Accept Option 3 of Barnett's Financing Commitment (City Manager Recommendation dated 10/16/91, Contract, Addendum and Financing Commitment, City Attorney Opinion dated 10/17/91) Authorize Mayor and City Clerk to Sign Florida Department of Law Enforcement (FDLE) Communications Terminal User's Agreement (City Manager Recommendation dated 10/14/91, FDLE Contract, Chief Petty Memo dated 10/14/91, FDLE Memo dated 2/8/91) Approve Contract with Hartman & Associates, Inc. for Professional Engineering Services Re: Water and Sewer Matters (City Manager Recommendation dated 10/16/91, Hartman Letter and Contract dated 10/14/91) 17. NEW BUSINESS 18. Grant Waiver of Bidding Procedure - Purchase Computer Components from Microage - GSA Price - $11,376 Total (Staff Recommendation dated 10/14/91) INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 19. 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.) 4 ORDINANCE NO.: O-91-27 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDI]tN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CEMETERY; AMENDING SECTION 8-33(b) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ALLOW FOR LARGER GRAVE SITE MARKERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city council of the city of Sebastian, Florida, has, in section 8-33(b) of the code of ordinances of the City of Sebastian, prescribed the maximum allowable size for grave site markers located in the City of Sebastian Cemetery; and WHEREAS, the city has, from time to time, received requests from City residents that larger grave markers be allowed in the Sebastian Cemetery; and WHEREAS, the city Council has determined that larger grave markers will pose no additional problems for the Sebastian Cemetary with respect to maintenance and space availability. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Section 8-33(b) of the Code of ordinances of the City of Sebastian, Florida is hereby amended by deleting the existing Section 8-33(b) in its entirety and adding the following provision in lieu thereof: "(b) The maximum size marker for a single grave site shall not exceed forty-eight (48) inches in height, thirty-six (36) inches in length, eighteen (18) inches in width and eight (8) inches in thickness. The maximum I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this ordinance at 7:00 p.m. on the day of , 1991, and that following said public-~-~ring this ordinance was passed by the city Council. Kathryn M. O,Halloran, CMC/AA~ city Clerk Approved as to Form and Content: Charles Ian Nash, city Attorney jpa001 - 4 - RESOLUTION NO. R-91-40 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE WEST FIVE (5) FEET OF LOT 11 AND THE EAST FIVE (5) FEET OF LOT 12, BLOCK 70, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/37 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. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The west five feet of Lot 11 and the east five feet of Lot 12, Block 70, Unit 2, Sebastian Highlands, according to the plat thereof, recorded in PBI 5/37, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. CITY OF SEBASTIAN, FLORIDA ATTEST: by: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this day of , 1991. Kathryn M. O'Halloran, CMC/AAE ( SEAL ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, this day of , 1991. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: Charles I. Nash, City Attorney 2 City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ~] FAX (407) 589-5570 BATE: October 4.~ 1991 TO: Kathr'yn M. O'Hallor'an City C1 epk ~ FROM: Daniel C. Eckis~ P.E City Enginee~/Publ ic Works Director RE: Abandonment of Easement - West (5) feet of Lot 11 and the East five (5) feet of Lot 12~ Block 70~ Unit 2. I have r'evie~;ed the request +or' abandonment of easements and do not have any objections to the abandonment~ if it is for the constr'uction of a single structure to be built on both 1 ors. Should you require any further' information~ please feel free to contact our office. liE: 1 k CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) lThi~ request shall no be accepted unless completed in full) NAME: ~o,~ * q,~ ~~--e~f TELEPHONE NO. ~'g¢~ ~ TYPE OF ENTITY:* ~.~.o~,+~ *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (Attach description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building Official) vv r,,,'f.,-,/-,.L, al,,..'; TYPE OF EASEMENT: APPROXIMATE SIZE OF EASEMENT: PURPOSE FOR REQUEST TO VACATE: feet in length /O in width ,l-rbg~ its Po55, gc¢ (Explain in detail your need to release this easement) I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I sm authorized to present this request to vacate by the owner of the real property.~ ~had:((ktle, if OY) Date U ~¢~ p[7~.~Otql~r Corporate Seal ~/~ Please Print Name Here Attach hereto the following: ( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING. ( )2. (N/A) ( )3. ( N/A ) Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on the lines provided above for the description. Written authorization of the owner of the parcel of land on.which the easement exists if the applicant is not the owner. ( ) 4. (N/A) ( ) 5. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT iS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF T}{E-NEW EASEMENT, Attach a check or money order payable to "The City of Sebastian, upon submittal of this application to the Office of the City Clerk. This application fee is not refundable. The fee is ~25.00. ( ) 6. OTHER: Date Received by the Office of the city Clerk By: file: aban. app RESOLUTION NO. R-91-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH TEN FEET OF THE SOUTH (REAR) TWENTY FOOT EASEMENT OF LOT 9~ BLOCK 405, SEBASTIAN HIGHLANDS, UNIT 11 ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI ?/56G, 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. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The north ten feet of the south (rear) twenty foot easement of Lot 9, Block 405, Sebastian Highlands, Unit 11 according to the plat thereof, recorded in PBI 7/56G, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. CITY OF SEBASTIAN, FLORIDA ATTEST: by: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this day of , 1991. Kathryn M. O'Halloran, CMC/AAE ( SEAL ) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, this day of , 1991. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: Charles I. Nash, City Attorney 2 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 13 A'T' :F.... '. -FO: [,--F~('.!FI: l)ar~,/el C. [cl::is, F'.E. City Enqineer'/F'ubl ic Wor-l,:s l)ir'ec::kor" RE: Abandor, ment of ~ por, tion of a ])r',ainage Easement alon~ r,ear' pr',oper'ty l in~s of Block 405 Unit Elmer' t_,ar'~c:ast, ec J.s tt~e pr'oper'ty owner' of Lot 9, Block 4-05 wt~ose addr"ess is 1'755 Sky1 ine [)r-ive. I-.te has r, ecluested an abandonment ~f the por'tion ~f an easement, alon~] the r',ear" pr',oper'ty 1 i~e. My sit. e investiga, tior~ o'f Se~'tembet" 1.'7, ~, ,.i r, evealed a dr, ainage ditch within a dr'-;aina~e r-'i~ht o'f way ~d.i¢.~[lt arid c]o[lt.~t.~rlt_~ ~.o th~ r-ear' pr'oper"'tzy 1 ine. The dr'aina~e di. tct~ is located within its own r"i¢1h'~, o'f way and dc)es not r, equir"e any p~ptzior'~s o.f the easement along tt~e r',ear" 1 ot 1 ines. Ther'e.for'e~ as City En~ineer'~ I will al low t. he abandonment. a pctr-tion o'f the existins, l dr, ainage and u.1:it it.y easement t(::, be ~ed~.tced fr'om 20 feet in wid¢.h to 10 feet in widt. h, ]hat por-e.i.c)r~ c.).f tl,e easement t.o r',emain will be the ten feet of the fear' lot 1 ine and the abandonment will be .for" all the lots -fr-om 5 th~u 34 on Block CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (This request shall no be accepted unless completed in full) TELEPHONE NO. 3F~- ~'3 ~ TYPE OF ENTITY:* /~/~P~6~ / *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (Attach description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to ba filled in by Building Official) ..... TYPE OF EASEMENT: /~ ~/~/~ ,,/~,~3n APPROXIMATE SIZE OP EASEMENT:__~ feet (~xplsi~ in d~fl ~ou~ n~d ~o r~lea~ ~hi~ ~8~e~) I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. Signed:(title, if any) .,- Please P~int Na~e Here Attach hereto the following: ( ) 1. ( ) 2. (N/A) ( ) 3. (N/A) ( ) 4. ( N/A ) ( )5. Date Corporate Seal Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWINg. Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on the lines provided above for the description. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. Attach a check or money order payable to "The City of Sebastian" upon submittal Of this application %o the Office of the City Clerk. This application fee is not refundable. The fee is $25.00. ( ) 6. OTHER: CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER ~ YACHT CLUB Number of Person~ constituting group or organizationt /?, .__ Requested Date p O. Time of Doy: From Please enswe_~r YES or l) 2) 3) 4) 5) To I/?,m .. . Are kitchen facilities required? Are you s resident of Sebastian? Will decorations bo put up? Will there be en admission or door charge? Will alcoholic beverage~ be served7 (a) If answer to ~5 i~ ye~ - permittes's proof o£ age _ (b) If alcohol is to be served, permission is required by tho City Council. Your request Will be pre~ented to Council Amount of Rental 7% Tax: Security Deposit~ $ Total Rental! S Telephone No.: ,~'~-0Oo~ Date of Application jp/]~l?/ Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED Security Deposit paid on ~ffO~O. O0 6y Check Rental Fee paid on b~--~-~ck-~ -- (date) in the amount of or Cash initial (date) in the amount of or Cash initial Alcoholic ~everage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check ~ amount of on Amount kept for damages (if ~pplicabla). \ws-form\rentapp in the (eF~Ee). City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: REVIEW ORDINANCE 0-91-28, REGULATING GARAGE SALES Approved For Submittal By: City Manager ) Dept. Origin: Community Development ) ( SC ) Date Submitted: 10/17/91 ) ) For Agenda Of: 10/23/91 ) ) Exhibits: ORDINANCE 0-91-28 ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of August 14, 1991, City Council directed the City Attorney to draft an ordinance regulating garage sales within the city. The City Attorney has drafted Ordinance 0-91-28 with one revision regarding signs. Staff recommends that City Council review this draft prior to first reading. RECOMMENDED ACTION Review Ordinance 0-91-28 and set first reading. ORDINANCE NO.: 0-91-28 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE REGULATION OF GARAGE SALES; PROVIDING DEFINITIONS; SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER 32; REQUIRING PERMIT; PROVIDING PERMIT APPLICATION PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT CONDITIONS AND RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF OPERATION; REGULATING WHERE PROPERTY MAY BE DISPLAYED AND SOLD; REQUIRING CONTROL OF PARKING; IMPOSING RESPONSIBILITY FOR CONDUCT OF SALE; PROVIDING REGULATIONS GOVERNING THE NUMBER, LOCATION, SIZE AND DURATION OF SIGNS ADVERTISING SALE; PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, may lawfully regulate sales of personal property taking place in residential areas, commonly known as "garage sales"; and WHEREAS, the City Council of the City of Sebastian has determined that unregulated garage sales cause congestion of streets in residential areas of the City, disturb the peace and quiet enjoyment of residential areas, cause annoyance to citizens of the City and compete with licensed businesses lawfully engaged in the sale of personal property within the City; and WHEREAS, the City Council has determined that in order to prevent these problems, garage sales must be regulated; and WHEREAS, the establishment of a garage sales code is necessary in order to better promote and protect the health, safety, welfare and prosperity of the public and citizens of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The Code of Ordinances of the City of Sebastian, Florida, is hereby amended to create Chapter 32 to read as follows: "CHAPTER 32 GARAGE SALES Sec. 32-1. Definitions. (a) Garage sale means all general sales open to the public, from or on residential premises located in any zoning district of the City of Sebastian zoned residential, multi-family residential, mobile home, commercial office residential, marine commercial and residential, and commercial resort residential, for the purpose of disposing of personal property, including, but not limited to, all sales entitled "garage," "lawn," "yard", "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage" sales. This definition shall not include a situation where no more than five (5) specific items of personal property are held out for sale, none of the items, except for motor vehicles and vessels, are displayed outside of the residence, and all advertisement of such sale speci- fically names those items to be sold; (b) Person means an individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or combinations; or (c) Personal property means property which is owned, utilized and maintained by an individual or members or his/her residence and acquired in the normal course of living in or maintaining a residence. Personal property shall not include merchandise which was pur- chased for resale or obtained on consignment or food or beverages. An affirmative statement by the applicant that the property to be sold was owned by the applicant as his/her own personal property and was neither acquired nor consigned for the purpose of resale. An affirmative statement by the applicant that he/she understands that the garage sale permit will expire in three (3) days from the time and date of its issuance or effective date and that the applicant understands that he/she is entitled to conduct only one (1) garage sale pursuant to any such permit which sale shall only be conducted at the location stated in the application. (c) Permit fee. There shall be an administrative processing fee of Two Dollars and 00/100 Dollars ($2.00) for the issuance of a garage sale permit. (d) Consent. By applying for a garage sale permit under this Chapter, the applicant shall be deemed to have consented to the provisions of this Chapter and to the exercise by the Community Development Department of its responsibilities under this Chapter. Sec. 32-4. Investigation of permit applicant. Before issuing a permit, the Community Development Department may conduct an investigation as may reasonably be necessary to determine if there is compliance with this Chapter. Sec. 32-5. Permit conditions; restrictions. The garage sale permit shall set forth and restrict the time and location of the garage sale. No more than four (4) garage sale permits may be issued to any one (1) residence and/or family household during any calendar year. If members of more than one (1) resi- dence join in requesting a garage sale permit, then such permit shall be considered as having been issued for each and all such residences. Sec. 32-6. Display of permit. The garage sale permit must be clearly displayed and visible for a distance of six (6) feet from the curb line or nearest edge of the paved portion of the street or right-of-way abutting the property upon which the garage sale is to be conducted. Sec. 32-7. Property permitted to be sold. It shall be unlawful for any person to sell or offer for sale, under authority granted by this Chapter, property other than personal property. 4 Sec. 32-2. Persons Exempted from Chapter provisions. The provisions of this Chapter shall not apply to or affect the following: (a) Persons selling goods pursuant to an order or a process of a court of competent jurisdiction; (b) Persons acting in accordance with their powers and duties as public officials; (c) Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted under the Land Development Code of the City of Sebastian or under the protection of the non-conforming use section thereof, or any other sale conducted by a manufacturer, dealer, or vendor, which sale would be conducted from properly zoned premises and not otherwise prohibited in other provisions contained in the Code of Ordinances or in the Land Development Code; or (d) Any bona fide charitable, educational, cultural, or governmental institution or organization, recognized as such under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, when the proceeds from the sale are used directly for the charitable purposes of the institution or organization, and the goods or articles are not sold on a consignment basis. Sec. 32-3. Permit required; contents of application for permit; application fee; consent. (a) Required. No garage sale shall be conducted unless and until the person designated to conduct such sale shall obtain a garage sale permit from the Community Development Department. (b) Permit application. Prior to issuance of any garage sale permit, the person conducting such sale shall file a written application with the Community Development Department in advance of the proposed sale, setting forth the following information: Full name and address of applicant. The location at which the proposed garage sale is to be held. The date, or dates, upon which the sale shall be held. The date, or dates, of any other garage sales held at the same location within the current calendar year. 3 Sec. 32-8. Hours of operation. Garage sales shall be limited in time to no more than the daylight hours of three (3) consecutive days. Sec. 32-9. Display of sale property. Personal property offered for sale may be displayed within a residence, in a garage, carport and/or in a rear yard but only in such areas. No personal property offered for sale at a garage sale shall be displayed in the side or rear yard areas of any such premises or in any public right-of-way. Provided, however, that a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yards. Sec. 32-10. Provision, control of parking. The person to whom a garage sale permit is issued shall provide for the parking of vehicles in such a way as to avoid creation of a hazardous or unsafe condition and shall not permit vehicles to impede the passage of traffic on any roads or streets in the area of the property upon which the garage sale is conducted. Sec. 32-11. Responsibility for conduct of persons on the premises. The person to whom a garage sale permit is issued and the owner or tenant of the property on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises. Sec. 32-12. Advertising, signs. (a) Number, location and size of signs permitted. Only the following specified signs may be displayed in relation to a pending garage sale: one (1) sign of not more than four (4) square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted. (b) Time limitation__°n exhibition __°f signs. No sign as provided in Section 32-12(a) shall be exhibited except during the hours of operation. (c) Removal of signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever occurs first. Sec. 32-13. Enforcement. (a) The City Council of the City of Sebastian may enact by resolution reasonable rules and regulations to implement and carry out the provisions of this Chapter. (b) In addition to all other available legal and equitable remedies, the City Council of the City of Sebastian may bring suit to restrain, enjoin, or otherwise to prevent the violation of this Chapter. Sec. 32-14. Fines and Penalties. Violations of any of the provisions of this Chapter shall be punishable as provided in Sec. 1-10 of this Code. In addition, if any person is found to have willfully violated any provision of this Chapter, the Community Development Department is instructed to cancel any existing garage sale permit held by such person and not to issue such person another garage sale permit for a period of two (2) years from the date of the finding of willful violation nor to issue any member of such person's household a garage sale permit to conduct a garage sale from the same location where the violation occurred for a period of two (2) years from the finding of a willful violation." Section 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABILITY. In the event a court of competent 3urisdiction shall hold or determine that any part of this Or- dinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without such invalid and unconstitutional provision, thereby causinU said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman , and, upon being put into a vote, the vote was as follows: Mayor W. E. Conyers Vice Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1991. CITY OF SEBASTIAN By: W. E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE, City Clerk (Seal) 7 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of · 1991, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE, City Clerk Approved as to Form and Content: Charles Ian Nash City Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: RESIGNATION OF GALE MATTHEWS FROM BOARD OF ADJUSTMENT Approved For Submittal By: City Manager _~'~ Agenda Number: Dept. Origin: Community Development (BC)~/~ Date Submitted: 10/16/91 For Agenda Of: 10/23/91 Exhibits: Letter from Gale Matthews dated September 10, 1991 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Gale Matthews, Chairman of the Board of Adjustment, has submitted a formal resignation to be effective at the expiration of his term on November 1, 1991. At the special meeting of the Board of Adjustment on October 15, 1991, a motion was approved to recommend that City Council accept the resignation of Mr. Matthews, with regret. RECOMMENDED ACTION Move to accept the resignation of Gale Matthews from the Board of Adjustment at the expiration of his term on November 1, 1991, with regret. 889 SW Wentworth St. Sebastian, Fi 32958 September 10, 1991 TO: Sebastian City Council SUBJECT: Board Of Adjustments You are hereby notified that I do not with to continue another term with the Board of Adjustments. Gale H. Matthews City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: ) APPOINTMENT OF BOARD OF ADJUSTMENT ) ALTERNATE MEMBER ALFRED VILARDI ) TO FULL TIME MEMBER ) ) Approved For Submittal By: ) City Manager ) ) ) ) Agenda Number: ~/~q~ Dept. Origin: Community Development (BC) Date Submitted: 10/16/91 For Agenda Of: 10/23/91 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Due to the resignation of Gale Matthews from the Board of Adjustment, a motion was approved at the special meeting of the Board of Adjustment on October 15, 1991, to recommend to City Council that alternate member Alfred Vilardi be appointed as a full time member. RECOMMENDED ACTION Move to approve Alfred Vilardi as a full time member to the Board of Adjustment for a three year term to expire 11/1/94. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: APPOINTMENT, CONSTRUCTION BOARD RANDY L.MOSBY, PERMANENT ENGINEER Approved For Submittal By: City Manager Dept. Origin: Community..._.Development_ Date Submitted: For Agenda Of: Exhibits: 1. Application i0/i7/9i i0/23/9i 2. Want/Warrant check from P.D. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held September 10, 1991, the Sebastian Construction Board made and passed the following motion: Motion by Mr. Capp, seconded by Mr. Dernbach that we recommend that Randy L. Mosby become the permanent engineer for the City of Sebastian Construction Board. Motion Carried. RECOMMENDED ACTION Move to appoint Randy L. Mosby to the Sebastian Construction Board am the permanent engineer for a three-year term to expire September 30, 1994. ECEIVED OCT 0 7 lg91 CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD 2. HOME ADDRESS: ~ ~. . 3. HOME TELEPHONE: 4d7-~--~--O~3' 4. BUSINESS: ~Xf~y ~ : ?.SOCIAL SECURITY ~.~BER: .~C~/?-23¥ Z 10. 11. 12. 13. 14. 15. (use additional sheets if necessary or submit resume if available) Voter registration no. // ~7~ % Are you a resident of the City? Length of Residency Do you hold a public office? Yes__ No~ Yes No~ Do you serve on a City Board at present? Yes Nox PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? -/5 - 0 V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any ~ate? Yes No 18 Would you consider serving on · another Bo,a~d other than the one(s) you selected above? Yes ~_~ No I hereby oertify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. , I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. ~Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Pol~//ep~en~ ~o rr~ an active warrant check on me. App~i~a~£gna~ure ~ SWORN TO AND SUBSCRIBED before me ~is No~ 'PUSiz6, stat~ b~ florida My Commission Expires: W0fm? Public, Stale of Florida My' Cornmissi,~ Expires Aug. 2~, 199~ \ws-form\board.app SEBASTiA POLICE DEPARTMENT Peat Office Box 780J27 6ebeMlan, FL 32976-0127 (407) 580-6233 October 17, 1991 , , : Kay O'Halloran, City Clerk Sr. Sgt. Eugene G..Ewert~ Active Warrant Check on City Board Applicants On October 15, 1991, a Warrant Check was made on the following applicants: William Kelley Stephen D. Hill Randy Mosby Michael P. Capp Charles C. Neuberger,.Jr. James D. iHaney. The applicants do not have any local warrants. EGE/dc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REAPPOINTMENT, CONSTRUCTION BOARD MICHAEL CAPP, PERMANENT MEMBER Approved For Submittal By: City Manager Agenda Number: Dept. Oriqin: Community Development ..... ~ -' (BC~y~_" Date Submitted: 10/17/91 ........ For Agenda Of: 10/23/91 Exhibits: 1. Letter from Mr. Capp requesting reappointment. 2. Application 3. Want/Warrant check from P.D. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their' meeting held September 10, 1991, the Sebastian Construction Board made and passed the following motion: Motion by Mr. Neuberger, Seconded by Mr. Dernbach that the board appoint Mickey Capp as a permanent member on the Construction Board. Motion Carried. RECOMMENDED ACTION Move to appoint Mickey Capp to the Sebastian Construction Board as a permanent member for a three-year term to expire September 30, 1994. 17. Have you ever been convicted of any felony or ankt misdemeanor involving moral turpitude in this or any e? Yes ~ No 18. Would you consider serving on another Boa~ other than the Yes _y___No ~ one(s) you selected above? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of sebastian to investigate the truthfulness of all information which I have provided in this application- I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor- I hereby authorize the Sebastian Police Department to run an active warrant check on me. SWORN TO AND SUBSCRIBED before me this ~ day of ~ ' 19~. My Commission Expires: ~otary Pu~llc, S~a~e of Ho~Ida My Commission E~pir~s Aug. 22, 1992 Bonds4 Thru lrc, y Foln - Insurance Inc., %ws-form~board-app SEBASTIAN POLICE DEPARTMENT HwHO Poet Office Box 760127 8ebeellen, FL 32976-012Z (407) 689-5233 October 17, 1991 , . : Kay O'Halloran, City Clerk Sr. Sgt. Eugene G. Ewert~ Active Warrant Check on City Board Applicants On October 15, 1991, a Warrant Check was made on the following applicants: William Kelley Stephen D. Hill Randy Mosby Michael P. Capp Charles C. Neuber§er,"Jr. James D. iHaney. The applicants do not have any local warrants. EGE/dc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589~5570 SUBJECT: REAPPOINTMENT, CONSTRUCTION BOARD CHUCK NEUBERGER, ELECTRICAL CONTRACTOR, PERMANENT MEMBER Approved For' Submittal By: City Manager' _ Agenda Number: Dept. Origin: Community_Development Date Submitted: 10/17/91 For Agenda Of: 10/23/91 Exhibits: 1. Letter from Mr. Neuberger requesting reappointment. 2. Application 3. Want/Warrant check from P.D. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their, meeting held September 10, 1991, the Sebastian Construction Board made and passed the following motion: Motion by Mr. Haney, seconded by Mr. Capp that we recommend that Chuck Neuberger be reappointed to the Sebastian Construction Board as a permanent member, Electrical Contractor. Motion Carried. RECOMMENDED ACTION Move to reappoint Chuck Neuberger to the Sebastian Construction Board as a permanent member, electrical contractor for a one-year term to eRpire September 30, 1992. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 M E M O September 4, 1991 TO: FROM: RE: Mayor Conyers Council Members Chuck Neuberger Construction Board Member Reappointment to Board Please be advised that I wi~h to be considered for reappointment for the Electrical Contractor position on the Construction Board. CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD HOME ADDRESS: ~-~ ,~;'c"/_/~._~,_,"~- ~_.,~/ 4. 5. 6. HOME TELEPHONE: BUSINESS: BUSINESS ADDRESS: BUSINESS TELEPHONE 7. SOCIAL SECURITY NUMBER: / ~ _ ~-~_--/7/9/ 8. DRIVERS LICENSE NUMBER: 9. RESUME OF EDUCATION AND EXPERIENCE, 10. 11. 12. 13. 14. 15. (use additional ~heets if n~essa~y or SUbmi~ ~esume if available) Voter registration no. ?~/~_/ Are you a resident of the City? Yes Length of Residency Do you hold a public office? Yes No / Do you serve on a City Board at present? Yes ~-'~No PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE .16. What qualifications do you have to serve on this board? - O v E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~ 18. Would you consider serving on another Board ~ther than the one(s) you selected above? Yes I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board, member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. SWORN TO AND SUBSCRIBED 19 9/' I hereby authorize the Sebastian Police Department to run an active warrant check on me. NotWry~ub~ic] gtat~ 6fiF~10~ida My Commission Expires: Nofary Public, Stale of Iqorlc~re My Comn~ssion Expires Aug. 22, 1992 J~onded Thru Troy Fain * Insurance lng, \ws-form\board.app 2 SEBASTIAN POLICE DEPARTMENT HEllO Poet Office Box 760127 8ebaelhan..FL 32976-0127 (407) 580-5233 D.Ibla l $ Oub-J~ s October 17, 1991 , : Kay O'Halloran, City Clerk Sr. s~. ~u~n~ ~..~w~r~/f Active Warrant Check on City Board Applicants On October 15, 1991, a Warrant Check was made on the following applicants: William Kelley Stephen D. Hill Randy Mosby Michael P. Capp Charles C. Neuberger, .Jr. James D. iHaney. The applicants do not have any local warrants. EGE/dc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REAPPO!NTMENT, CONSTRUCTION BOARD DENNIS DERNBACH, CONCERNED CITIZEN Approved For' Submittal By: City Manager '/~'-3 Agenda Number: Dept. Origin: Community_Develop[~en~_ Date Submitted: For Agenda Of': Exhibits: 10/17/91 10/23/91, 1. Letter from Mr. Dernbach requesting reappointment. 2. Application 3. Want/Warrant check from EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held September 10, 1991, the Sebastian Construction Board made and passed the following motion: Motion by Mr. Neuberger, Seconded by Mr. Capp that Dennis Dernbach's name be submitted to City Council for reappointment to the seat of concerned citizen. Motion Carried. RECOMMENDED ACTION Move to reappoint Dennis Dernbach to the Sebastian Construction Board as a concerned citizen for a three-year term to expire September 30, 1994. RECEIVED Dennis S. Dernbaeh 170 Eildare Dr. Sebastian, FL 32958 589-0654 September 9, 1991 Dear Chairman Carey, I would like to be considered for reappo~ntment to the concerned citizen seat on the Sebastian Construct- ion Board. Thank you. Sincere ly, Dennis S. Dernbach CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD 2. HOME ADDRESS: / 70 /~/~ 3. HOME TELEPHONE: 4. BUSINESS: ~.,~. Co~~l~ ~e~u(d~-~... 5. BUSINESS ADDRESS: ~/~ 6. BUSINESS TELEPHONE: ~oc~m s~o~T~ ~~: /~-~Z-OO~ 8. DRIVERS LICENSE N~BER: ~[- ~ZSUMZ O~ ~DUCATION AND ~X~NC~: (use additional sheets if necessary or submit resume if available) ~0. voter registration no. F~?'.~ ~,~ ~,w~ Co. Are you a resident of the City? Yes ~No Length of Residency Do you hold a public office? Do you serve on a City Board at present? 11. 12. 13. 14. Yes__ No_~/ Yes J No__ 15. PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *COD~ ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION ~PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? I / / - 0 V E R - 2q? 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No ~ 18. Would you consider serving on.another Board/~er than the one(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City COuncil'of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me., SWORN TO AND SUBSCRIBED before me this 199~ . Notary Phblic, S~at~' ~f Florida My Commission Expires: \ws=form~board.app 2 SEBASTIAN POLICE DEPARTMENT HBNO Poet Office Box 780t27 8ebe~ltlen, Fl. 32978-0127 (407) 589-5233 Il Illllll I III I I Bill r~t~ s October 17, 1991 Kay O'Halloran, City Clerk Sr. Sgt. Eugene G. Ewert Active War~ant Chock on City Board Applicant On October 15, 1991, a Warrant.Check was made on the following Applicant: Dennis Scott Dernbach The applicant does not have any.local warrants. Warrants may be active elsewhere. EGE/dc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REAPPO!NTMENT, CONSTRUCTION BOARD JAMES HANEY, PERMANENT MEMBER Approved For Submittal / City Manager Agenda Number: Dept. Origin: Community_Developmen~t_ Date Submitted: ..... 10/17/91 For Agenda Of: 10/23/91 Exhibits: 1.Letter from Mr. Haney requesting reappointment. 2.Application 3.Want/Warrant check from P.D. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held September 10, 1991, the Sebastian Construction Board made and passed the following motion: Motion by Mr. Dernbach, Seconded by Mr. Capp that we recommend to City Council the reappointm~--~f Mr. James Haney as a permanent member of the Sebastian Constr~ctic/n Board. Motion Carried. RECOMMENDED Move to reappoint James Haney to the Seba permanent member for a three-year term to :TION ;tian Construction Board as a expire September 30, 1994. ebashan Heating and 137 C.R. 512 · Sebastian, Florida 32958 ~s (407) 388-3503 RECEIVED SEP 0 G 19.qI i<atr'~v Nac~i Sebas'E i ari Cor'Is'LI'-L(Ct:. i("~n Boal"d Ci,{~. o'f: Seb&,,~tlar~ 1225 Main Street Seba=~t lan. F~].or i da 32958 Re: Cons'Lruction Board Term Deaf h:;athv; ]'hJ,~; letter' sr~ali m.¢~:,r've.'Lo no'L:L';-:v ',¢'c:>u o4:: my' :Li'~'('.'.ent and ci¢~szre S ~. r",c: e F' 6~ ~. [q~-:'~:~:~'~ J. am Heat i r'~c:l 8, A 3. i' ['.'.:or'~c:J J. 'k i C::,F~ ]. r'~c:? ,, ]~ r'tc. J' D :.i/! c, AME: CITY OF ~EBASTIAN APPLICATION TO SERVE ON CITY BOARD HOME ADDRESS: HOME TELEPHONE: BUSINESS: BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: 8. DRIVERS LICENSE NUMBER: 9. RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary~or submit resume if available) 10. Voter registration no. 11. Are you a resident of the City? Yes /No 12. Length of Residency ~ ~-~o~ 13. 14. 15. DO you hold a public office? Yes Do you serve on a City Board at present? Yes No PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD PARKS AND RECREATION .*PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? - 0 V E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any s~ate? Yes No 18. Would you consider serving on another Board other than the one(s) you selected above? Yes /' No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Applicant Signature SWORN TO AND SUBSCRIBED before me this . Notary P6bli~, s~a~e~ 6f Florida My Commission Expires: \ws-form\board.app I~lota~y I~ubllc, Stere of Florida 'My Cc~mi~s~on Expires Aug. 22, 1992 ~nded ~hru 1roy Fai. - i.~ra.Ce I.~ SEBASTIAN POLICE DEPARTMENT Poet Office Box 780127 8eba.tlan, FL 32976-0127 (407) 58g-5233 Illllllllll I II Ill II I October 17, 1991 , : Kay O'Halloran, City Clerk Sr. Sgt. Eugene G. Ewert~f Active Warrant Check on City Board Applicants On October 15, 1991, a Warrant Check was made on the following applicants: William Kelley Stephen D. Hill Randy Mosby Michael P. Capp Charles C. Neuberger,'Jr. James D. iHaney. The applicants do not have any local warrants. EGE/dc City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REAPPOINTMENT, CONSTRUCTION BOARD BILL KELLEY, ALTERNATE MEMBER Approved For Submittal By: City Manager _ pment_ Dept. Origin: Community_Develo Date Submitted: 10/17/91 For Agenda Of: 10/23/91 Exhibits: t. Letter' from Mr. Kelley requesting reappointment. 2. Application 3. Want/Warrant check from P.D. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their meeting held September 10, 1991, the Sebastian Construction Board made and passed the following motion: Motion by Mr. Neuberger, Seconded by Mr.. Haney to appoint Bill Kelley as an alternate member. Motion Carried. RECOMMENDED ACTION Move to appoint Bill Kelley to the Sebastian Construction Boa~d as an alternate member for a one-year term to expire September 30, 1992. FY'S DRYWALL, INC. 9720 146th AVE, FE:LLSMERE, FL 32948 (407) 589-32]4 RECEIVED SEP 0 q lggl . CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD 2. 3. 4. 5. 6. 7. 8. 9. HOME TELEPHONE: S'-~/' BUSINESS TELEPHONE: ~ ~ DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE:~~i I (use additional sheets if necessary or submit resume if available) 10. 11. 12. 13. 14. 15. Voter registration no. you a resident of the City? Yes No~ Are Length of Residency / ~' Do you hold a public office? Yes No~ Do you serve on a City Board at present? Yes No PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON: *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD~ PARKS AND RECREATION *PLANNING AND ZONING HANDICAPPED COMMITTEE · 16. What qualifications do you have to serve on this board? - 0 v E R - 17. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or annotate? Yes 18. Would you consider serving on another Board ot~e~ than the one(s) you selected above? Yes No~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board, member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official ~duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Appiicant Si~tUre SWORN TO AND SUBSCRIBED before me this ~ ~ day of . ~ -'N6ta~y Pub~i~, State bf ~16rida My Commission Expires: ~lotrry Public, Stato of Florida ~y C~mmi~sion Expires Aug. 22, 1992 \ws-form~board.app 2 SEBASTIAN POLICE DEPARTMENT NBNO Po.t Office Box 780t27 8ebmlllin, FI 32078-0127 (407) 589-523:t October 17, 1991 , ; Kay O'Halloran, City Clerk Sr. Sgt. Eugene G. Ewert~ Active Warrant Check on City Board Applicants On October 15, 1991, a Warrant Check was made on the following applicants: William Kelley Stephen D. Hill Randy Mosby Michael P. Capp Charles C. Neuberger,.Jr. James D. ~Haney The applicants do not have any local warrants. EGE/dc City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT= Purchase of CAVCORP Property Approved For Submittal By: city Manager Agenda No. Dept. Origin Date Submitted For Agenda of Finance (MI/{) 10-16-91 10-23-91 Exhibits: Contract, addendum, and financing commitment for purchase of CAVCORP Property. EXPENDITURE REQUIRED: $742,500.00 * AMOUNT BUDGETED: $750,000.00 APPROPRIATION REQUIRED: * Plus legal and financing expenses SUMMARY STATEMENT Council has approved the purchase of the 2.2 acre tract adjacent to Riverview Park, locally known as the CAVCORP property. The essence of terms of the agreement are: price $742,500, the property is to be certified as environmentally clean as to ground and groundwater, and if any contamination exists, either party may terminate the agreement, however, the City may at its option, accept the property in "as is" condition with proper notice to the sellers, as well as other miscellaneous provisions. Financing would be a loan from Barnett Bank which is a seven (7) year fixed term, 6.52% fixed interest rate with a monthly amortization of $11,084 ($133,008 per year) to include principal and interest, and approve a first lien on $.01 optional sales tax collected and dispersed by the State of Florida in the form of Revenue Sharing to secure repayment of the note. A copy of the contract, the addendum, and letter of financing commitment are attached. RECOMMENDED ACTION Approve the contract for purchase with CAVTRUST and accept option (3) of Barnett's financing commitment. ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BETWEEN A. BARKETT, TRUSTEE AND R.L. BRACKETT, TRUSTEE AS SELLER, AND CITY OF SEBASTIAN, AS BUYER The parties agree that the following provisions shall be in addition to those in the attached Contract for Sale and Purchase and where inconsistent therewith the terms of this Addendum shall control: 1. Buyer's obligations hereunder shall be contingent upon final approval of this Contract by City Council, which approval shall be procured on or before October 25, 1991. 2. Seller, at Seller's expense, will provide to Buyer at or prior to Closing a boundary survey of the Property prepared by a licensed surveyor and dated within the preceding ninety (90) days. The survey shall be certified to Buyer and to the title company issuing the owner's title insurance policy. 3. Seller shall also provide Buyer, at or prior to closing, with an Environmental Closure Report prepared by Empire Engineering and Testing, Inc., 50 - 5th Court, Veto Beach, Florida. In the event that the study indicates the presence of hazardous waste or such contaminants, either Seller or Buyer shall have the option then to terminate the Contract and not to proceed with the sale provided, however, that the Buyer also has the right to accept the property "as is" and if Buyer so notifies Seller in writing within ,~_~ days after Buyer's receipt of the closure report, Seller shall be required to proceed to closing without clean-up obligation. 4. Taxes shall be prorated as of June 13, 1991. Buyer has previously paid Seller for estimated ad valorem taxes from June 13 and Seller shall receive credit at closing for taxes previously paid. 5. Seller agrees to hold harmless from any and all real estate commissions in any way related to this transaction. 6. Seller represents as follows: .' (a) There are no leases or rental agreements encumbering any portion of the Property or any other agreements, oral or written, relating to the Property. DATE: DATE: (b) Seller is not a party to any litigation and knows of no threatened or impending litigation which would affect the Property. Seller agrees to give Buyer prompt notice of Seller's receipt of any information concerning litigation affecting the Property and Buyer shall have the right to cancel thiz contract in such case. (c) Seller will not enter into any agreements which will affect the Property beyond the date of Closing. The Property will remain in its current condition through the date of Closing. (d) Seller is indefeasibly seized of marketable, fee simple title to the Property and has the good right, title and authority to convey and transfer such title to Buyer free and clear of liens. 7. Closing shall occur on October 25, 1991. 8. The Seller's maximum expenses for title insurance shall be the promulgated rate based upon the contract purchase price. Dated this i~'~-/ day of October, 1991. "S~.LL~R,,~ ........ ~'/~-V~ , ~ ,~ R,~. B~CKETT, Trustee "BUYER" DATE: CITY OF SEBASTIAN By: Barnett Bank of The Treasure Coast 13555 US Highway 1 Sebastian, Florida 32958 Ro~ert .~. NcC~[az:y C~ty Manager t'i'tty o~ Sebastian 122~5 ~laln Street Sebast:L al~, FI-, 32Yb~ AHE:NDED AND bear Mr. McClary: Due to the recent reduction in Barnett Bank, Inc.'s prime lending rate, we have amended our original Commitment Letter dated August 22, 1991, to the following rates, terms and conditions. The urlQez'slgned repr'e-~erttatzve of. [~az"nett Bank oil The Treasure Coast (the "}~al]k" ) l.s ~>.[easer~ to Ill,cFm yOll o.i the 'the [)urchaae by the issuer oi vacant p~-opercy. 'fne l. oan wi. Il also be sub.[}ec:t to (but not J.~m~ted t.o) %l-~e iollow~ng: The C~ty wzll elect prior to closing e~.theu: A floatinc3 rate o£ (~.7~ of Bar'neT. t banK, Inc.'s. , prime rate, iloatzng, aa3usting date ol change, for a five year- ter-m (e.g. 5.4.q~% toaay; payment $12,500 pr~nctpal monthly plus ~.nterest;. A f'.xed rate of 6.42% toz- a ~:~ve year- %er'm (payment $14,568 pr'Znc~.pai and interest monthly). A f~xed rate of 6.52% for a seven year' term (payment $11,084 pre. no,pal and ~.nterest monthly) A f'~xed rate of 6.52~ ~or the i~rst five year's, then, the option of (a) The tax £z'ee equivalent o£ the then currenz prime rate, ad.)ustlnq date of change, the sec:on¢i five year per'iod (b) The tax ir'Gm equ~_valent of tk~e '~hen cur-rent Prime rate plus 1 1/2%, fixed, flor t.~e second five yea~ peI.iod. i~ the maximum corporate ~e¢ieral income tax rate as chanc3ea ~rom its present rate, the rate on tr~e Note s~'~all De so as To preserve to t~e holder ars tax equivalent yielci /ir'om t~]e Note in accordance w'ttN ~ormulas provided by tr~e BanK. Ii', as the result of cr~anges in laws o~- i~egulations, on the Note s~%ould become part~.ally taxable, or sub3ect to a preference or minimum tax, or greater ~[~mlta~ons are on deductab~lity oi: interest on obligations of the holder attr'~bu~aD]e to pur-chasln9 or caf'tying the Note, or t~e Note is determined not to be a qualified tax exempt obligation as deigned in the Internal Revenue Code, or ~he efiec~lve a~ter- tax yield to the holder is otherwise reduced, to preserve the holder's after tax yleid, all pursuant to formulas acceptable to the bank. Event of Taxabillt.¥_ - In tt%e event that interest on 't*%e Note st~all be determined by tt~e Internal Revenue Servzce t.o De included in the gross 3. ncome of the ~%older, the note shall bear 3nteI'est, at the banR's przme lend~.n9 rate, ad3ust, zng on the date of change. In aGdztlon, the holder s~all be eh'tidied to ~eimbur'sement of any interest and penalties zmposed because of the holder's failure to lnclude sucr~ an'retest 3n its taxable income (together wlth taxes lmposeo upon receipt o~ such reimbursement, if any) . ([_'._ql.l_a~i-er~.J~ - A first ].'~en on the $.01 optional sales tax c:ollected by the State of Florida and dispersed to tae City in 'the form of Revenue S~ar. zng, will secure tnms City's obligation to repay tl'~e Note. '£l]e City will agree not ple~dge these ~unds to repay any aO~ltlonai indeDtness w~thout 't~'~e Ban~'s consent. Do¢:umentat_~on - The Issuer w',ll execute any and all ¢~ocumentatlon required Dy tr~e l~an~. All documentation executed anG d{~.l:~vered ~n connect-, on with tr~e Note shall De in form and substance satlsfac'tocy to the Ban~ and its Counsel . {%_l_c_:s..l_n__q[ .C_'_.qsts_ _a..n..d F_ee_.~_ - The Issuer will pay all closlr~9 costs including but no~. limited to t~e BanK's attorney fees and costs which wlll not exceed $8,000. To the extent the City's attorney prepares documentation acceptable to Ban~'s attorney, these costs w~ll be reduced. Also, no Dank fee will be charged. If tile issuer does not close for any reason, the Issuer will pay, w~thln ten (,lO) days ol! aemanG, all expenses incurred by the Bank, lncludlng the Bank's attorney fees and expenses ana any fees and expenses lncurrea by 'the Bank in collecting these amounts. .A._d__d_!_ti_qna..l_ .~ie_rm~- issuer will provide the Bank, prior c~osing, such resolutions and Goouments necessary to assure that ~he ~ransactlons contemp±ate¢! her~eby are Guly authormzed. Also, the Issuer will provide the Bank a copy of its Financial Statement on an annual basi. s. Please indicate by s~gnlng below your agreement to accept t. he above loan upon the terms per'lod ending NovemDer 1, 1991. We are pleased to assls't wlth addltlonai ~n~ormat~on and would llk(~ the opportunity to provide financing ~or t]%~ City o][ SeDastian. Please contact me ~ you have additional questions. Sincerely, B~ Fbara I'~ lton Assistant Vice Presl. dent C~t,y of Sebastian By: Selected Option WIL~ A. Gr~a~a OlV COUNSEL i~RESE. FALLACE. NASH & TORPY, r. m ATTO~YS AT ~W 930 S. ~os CxTY BLVD. SUITE 505 MELBOU~E. ~O~DA 32901 (407) 9~-3300 F~ (407) 951-3741 October 17, 1991 VIA FAX 589-5570 City Council of the City of Sebastian P.O. Box 780127 Sebastian, FL 32978 RE: Municipal Parking Lot Our File No. 88-2489.6432 Gentlemen: You have asked me to render an opinion concerning regulation of the municipal parking lot, construction of which is being contemplated by the City. In particular, your question is whether the City may lawfully discriminate between residents and nonresidents with respect to use of the parking lot and parking fees. After researching this issue, it is my conclusion that the City may lawfully discriminate against nonresidents in use of its municipal parking facilities and in charging parking fees as long as legitimate and substantial reasons exist for such discrimination. Governments may lawfully regulate use of their public facilities, but in so doing they must act in a reasonable and nondiscriminatory manner unless some appropriate governmental interest is suitably furthered by a differential course of treatment. The issue of whether a community may discriminate against nonresidents with respect to parking privileges was addressed by the United States Supreme Court in the 1977 case of County Board of Arlinqton County, VA v. Richards. In that case, Arlington County, Virginia, adopted an ordinance which ordered permits to be issued to residents of areas designated by the County as crowded with parked cars owned by nonresidents. Permits were also issued to persons doing business with residents there and to some visitors. The County justified its ordinance on the grounds that it was necessary to reduce air pollution and other environmental effects of commuting. The Court held that these social and environmental objectives were legitimate reasons to draw a distinction between residents and nonresidents when permitting parking. City of Sebastian City Council October 17, 1991 Page 2 This same issue was addressed by the Florida Fifth District Court of Appeal in a 1983 case involving the City of Maitland. In that case, the City of Maitland had enacted an ordinance which prohibited nonresidents of the City from obtaining parking permits for boat trailer spaces in a municipal lakefront park. These spaces were in convenient proximity to boat ramp facilities in the park. Without access to such spaces, users of the ramp were required to park their boat trailers on an adjoining street. The City's stated justification for its favored treatment of local residents, as recited in the ordinance, was: Traffic congestion, access to the park, con- straints of limited parking spaces for boat trailers, and proximity of the park location to adjacent residential dwelling units. The Florida court struck down the ordinance as unconstitutional. The court found that the City failed to show that nonresidents caused any more harm than residents by parking in the lakefront park. In fact, the ordinance increased rather than lessened the hazards to safety in the surrounding area because nonresidents were forced to make a u-turn in order to park. The ordinance appeared to be solely intended to give residents preference over nonresidents in use of parking spaces in the park and the court held that such an objective could not justify treating nonresidents differenty from residents. As the cases above illustrate, in order to discriminate against nonresidents with respect to use of the City's municipal parking lot and parking fees, the City must be able to articulate, and be pr~epared to show, that such discrimination furthers a legitimate public interest. In other words, the City should be able to point to some harm that is peculiar to or increased by nonresidents using the City's parking facility which justifies denying parking privileges or charging higher fees to nonresidents. Failing that, the City would leave itself open to charges that it is only interested in ensuring that residents have parking spaces, making it likely that any ordinance discriminating against nonresidents would be struck down. City of Sebastian City Council October 17, 1991 Page 3 I hope that this satisfactorily answers your questions concerning the proposed municipal parking lot. If I can be of any further help in this matter, please let me know. Very truly yours, FRE~ALLAC~E, NASH & TORPY, P.A. Charles Ian Nash City Attorney CIN:JPA/gm 178 Fla. 431 SOUTHERN REPORTER, 2d SERIES partial attorney's fees and the husband's interest in the marital home as lump sum alimony. The question is whether the statement of the evidence submitted in lieu of the transcript of the hearing is sufficient for purposes of appellate review. We hold that it is not and affirm. The trial in this cause was not tran- scribed. Florida Rule of Appellate Proce- dure 9,200(bX3) provides the procedures to be followed where no transcript of the pro- ceedings is available: If no report of the proceedings was' made, -or .if a transeript is unavailable, the ap- pellant may prepare a statement of the evidence or.' proceedings from :the best available means, including .his recollec- tior~ The statement shall be served on the appellee, who may serve objections or proposed amendments thereto within 10 days of service. Thereafter, the state- ment and any objections 'or proposed amendments shall be submitted .to the lower tribunal for settlement and approv- al. As settled and approved, the state- . ment shall be included by the clerk of the · lower tribunal in the record. Pursuant to this rule, the husband pre- pared a statement of the evidence. The wife filed her objections to the evidence and proposed amendments to the statement. The statement, objections and amendments were then submitted to the trial court for settlement and approval. In attempting to reconstruct .the evi- dence, the judge observed that the trial was held more than five months ago, and that he"had Vir~ually 'no recollection of the testi- mony indePendent of his.notes...As a conse- quence, the 'judge Stated that he could onl~ settle certain factual disputes. [1-~] It is well established that the find- ings and judgment of the trial court comes to. the appellate court with a presumption of correctness and may not be disturbed, in the absence of a record demonstrating er- ror. Mills v. Heenan, 382 So.2d 1317 (Fla. 5th DCA 1980). It is equally well estab- fished that the burden is on the appellant to bring before the appellate court a record adequate to support his appeal. /d. We believe that a statement of evidence as provided in rule 9.200(bX3) may be substi- tuted for a report or transcript of the pro- ceedings only when all relevant factual dis- putes have been settled and the statement of evidence is approved by the lower tribu- nal. When the trial court specifically states that it cannot settle all relevant factual disputes, the statement of evidence does not constitute a complete and adequate record for appellate review. We therefore have no alternative but to affirm the judgment, be- low [4] 'We also take this opportunity to re- iterate what our sister court in Gordon B~rke,.429 So.2d 36 (Fla.' 2d .DCA 1983) recently observed: if a:case 'is considered worthy of litigating, it "follows that the testimony adduced before the trier of 'fact should be-reported and transcribed se that the appellate court could have before it a record for its consideration in the event an appeal is deemed necessary. AFFIRMED. DAUKSCH and COWART, JJ., .concur. CITY OF MAIT~D, Florida, a municipal corporation, Appellant, v. ORLANDO BASSMASTERS ASSOCIA- TION OF ORLANDO, FLORIDA, INC, a Florida corporation,' not.for.profit; Don Rickett; Edward Highsndth; Jo- seph M. 'Black; David 'Keller; Alert Wood; and Michael Hill Carlton, Appel- ]ecs. No. 82-928. District Court of Appeal of Florida, Fifth District.. April 6, 19S3. Rehearing Denied May .17, 1983. City appealed from judgment of the Circuit Court for Orange County, Maurice CITY OF MAITLAND v. ORLANDO BASSMASTERS CAteas4~l So.2d 178 (FI~Aop.$[M~t. 1983) M. Paul, J., declaring invalid an ordinance prohibiting nonresidents of city from ob- raining parking permits for boat trailer spaces in municipal lakefront park. The District Court.o£ Appeal, Cobb, J., held that lower court's finding that no substantial reason existed for the discrimination was substantially supported by the evidence. Affirmed. Municipal Corporations ~=~721(3) Ordinance prohibiting nonresidents of city fr~om obtaining parking ~rmits for boat trailer spaces in municipal lakefront park was not justified by fact that residents desired an assured parking space near mu- nieipal boat ramp, and l~)wer court's finding that no subshantial reason existed .for the discrimination was fully 'supported by the evidence. James M. Hess of Driscoll, Langston'& Kane, Orlando, for appellant. Edward J. Hanlon, Jr., Orlando, for ap- pellees. · COBs, 3Udge. The ·City of Maitland enacted an ordi- nance:(Ordinance.551, as amended.by Ordi- nance 5'/1) which prohibited non-residents of that city from obtaining parking permits for..boat trailer spaces in a .municipal. lake- front park. These spaces are in convenient proximity to boat ramp facilities in the .park. A user of the ramp withoutaceess to ~ stich spaces must park his.boat,trailer, While using a boat 'in the ·lake, on an adjoining street~ · The. City's .stated justification for · its favored' treatment of local residents, as recited in the ordinance was: [T]raffic congestion, acees~ to the park, constraints of limited parking spaces for boat trailers (13), and proximity of the park location to adjacent residential dwelling units. The appellee (Bassmasters) attacked the constitutionality of the ordinance. After a 1. Tae .objectives of the ordinance,included: re- ducing traffic hazards, lessening air pollution fla. 179 non-jury trial, the trial judge declared the ordinance: invalid insofar as such ordinance discrimi- nates between residents and non-resi- dents in the use of .the trailer parking g,acilities at Fort Maitland Park, no sub- stantia] reason for such discrimination having been shown or that use by non- residents created a peculiar evil attribut- able to the non,residents.. Appellant'reli~ .on,County Board o£ Ar- linKton County, .Va. v. Ih'chards, 4;34 U.S. 5, 98 $.Ct. 24, 54 L.Ed.2d 4: (1977), to support .its contention tha~t ev.en a..restriction as to on-street parking based on residency is proper. In Arlington, the county, adopted an ordinance which ordered permits to be issued to residents._ of areas designated as crowded with parked ears .from outside 'the neighborhood. Permits .were also issued to persons doing ~busine.~. _with residents there and to some v~itors. The Virginia Su- preme Court held that the ordinance violat- ed the Fourteenth Amendment and that the ordinance's discrimination between resi- dents and non-residents "bears no reasona- ble relation to the regulation's stated objec- tire." ~ The Supreme Court vacated the Virginia order, noting that the reduction of air pollution and other environmental ef- feets of commuting, were proper reasons to allow a community to restrict available on- street parking. The Court held that these social and environmental objectives are not outlawed by the. Constitution, nor are dis- tinctions between residents and non-resi- dents of a local neighborhood presumed to be invidious. '.The :c~/irt held that the Equal Protecti.on' ClaUse~requires only that the discrimination drawn by an ordinance such as Arlington's rationally promote the regUlation's objectives.. .' ArlingWn is distinguishable from .the in- stant' case. Here, the gOal of the ordinance is not to curtail air pollution, noise or traf- fic. Rather, the' Ordinance is intended sole- ly to give' residen~ preference over non-res- idents in the use Of parki.ng spaces in the park. There has' been ' no . showing that the and excess noise, allowing free ·access to resi- dents of .the area, and. keeping the area safe. 180 Fla. ~131 ·SOUTHERN REPORTER, 2d SERIES non-residents cause any more harm than the residents in parking and, indeed, the trial court noted that the restriction, which forces the non-residents to make a u-turn to park, increases rather than lessens the haz- ards to safety in the surrounding area In this case, there is'no rational basis for the discrimination; The only basis is the fact that residents desire'an. assured park- ing space near the municipal boat ramp. This justification.cannot stand and the .low- er court's finding that no 'substantial reason existed 'for the discrimination is fully 'suI~ ported by the evidence, and the' final judg- merit is. '~' ~'~' AFFIRMED.: '." ..... ~.~ SHARP and 'cowART, JJ.i concur.. ~ William F_- STOWE,. Appellant' ¥. WALKER' BUILDERS SUPPLY, INC, and P~W. Gleason and Thelma T. Glea- son, husband and wife,' APpellees. No. 82-1237. District Court of Appeal of Florida,' Rehearing Denied May.~ 11, 1983. Suit was brought to f0reClo~e,ame- chanic's lien on defendants' land in the amount of $4,376.74. Another' indi~dual was joiner"as' a defendant. because he had fil&l,a.~i~im of lien for $787.95 against the ~ame ia.nd which was prior in time' to plain- tiffs lien. The. 0~her lien claiman{ c .rea_._~ claimed against the property owners to forecl~e his lien. A lien foreelo~ure judg- men; was entered 'by the ~Charlotte County Circuit Court, Richard M, Stanley, 'J4 for plaintiff, and a judgment was also entered dismissing the cross claim. An award of attorney fees in the amount of $4;575 was entered against defendants, and they, in turn, were awarded one-half that amount .from the other lien claimant, and he appeal- ed. The District Court of Appeal held that defendant 'owners ·were not entitled to re. cover One half of the attorney fee award from the other lien claimant, since no suffi- cient basis upon which to award the owners a $2287.50 attorney fee against the code- ' fendant was'afforded by the testimony of an. attorney who'said that the owners' law- 'yer told him that half his time· had been spent in ~defending 'th~ Cre~ claim, and since', the"0wners' lawyer did not present any evidence of how muciftime he spent on 'the 'entiTM case or what portion, of that time was spent* in defending the cross claim. Affirmed in part; reversed and re- manded in pa~ 1. Mechanics' Liens.~=~310(3) Property' owners, against whom a me- chanic's lien foreclosure judgment .was en- tered as well as a judgment awarding attor- ney fees of $4,575, were not entitled to recover one-half the attorney fee award from~codefendant, another lien claimant who unsuccessfully cross-claimed against owners to foreclose his ·$787.95 lien, since no sufficient basis to award attorney fees of · $2~287.50 ~against the codefendant.was pro- vided by the ~.testimony of an attorney who said,,that.defendants' lawyer :told him that ,half his :time ,had been spent in defending the, cross ·claim, and since .defendants'. law- yer did not present.any evidence of how much· time he spent ~on the~ entire case or what portion was spent in defending the cross claim. :2.· Costs Determination of a reasonable attorney · ~fee cannot be predicated upon 'the amount of a fee awarded to another lawyer in the Robert .M..Bader, Port Charlotte, for ap- pellant. ' - ' ':; ~ CONSTITUTIONALITY OF ORDINANCES ~* Lou~iana. Shreveport v. Conrad, :La 737, 33 So2d 503. .ss Connecticut. Murphy, Inc. v. iTown of Westport, 131 Conn 292, 40 A2d [77. ,. pennsylvania. Landau Advertising Inc. v. Zoning Board of Adjustment, 552. 128 A2d 559. ordinances, ch 24. Under zoning, ch 25. Allen V. Belli?gham, W~sh 12, 163 P 18. Father Basil's Lodge, inc. 393 Ill 246, 65 NE2d 805. :Tex~s. Hixon v. State (Tex Crim), ~ SW2d 711. Texas. Ex parte Bogle, 78 Tex Crim SW 1193. st Minnesota. Anderson v. St. Paul, 186, 32 NW2d 538. * minois. Charles v. Chic~,o', 413 Ill 109 NE2d 790. 8tate~ Adkins v. West 51 F Supp 532. States. County of San v. Market Street Ry. Co., 98 *~ Maine. State v. Rush (Me), 324 A2d t Illinois. Stearns v. chicago, 368 Ill .13 NE2d 63. Gardner v. BrUnswick, Ga.167, 28 SE2d 135. Louisville v. Lou/sv/lle Club, Inc., 290 Ky 241, 160 i9.15. -- Discrimination. 19.15 Michigan. Bowers v. Muskegon, 305 Mich 676, 9 NW2d 889. Parking meter ordinances as proper exercise of police power, ch 24. As specie of charge for permit or li- ceuse, ch 26. *~ Unit~l States. Frazier v. Northern Pac. Ry. Co., 28 F Supp 20. *~ Michigan. Alexander v. Detroit, 45 Mich App 7, 205 NW2d 819. New York. Leroy Franz, Inc. v. New Rochelle (Misc), 124 NYS2d 525. ~S California. Townsend v. County of Los Angeles, 49 Cai App3d 263, 122 Cal Rptr 600. 'Colorado. Crawford v. Denver, 156 Colo 202, 398 P2d 627. ss New Jersey. Gilman v.'Newark, 73 NJ Super 562, 180 A2d 365. 4~ Unit~l States. Ivy steel & Wire Co., Inc. v. Jacksonville, 401 F Supp 701 (MD Fla) (water pollution control charge). We~t Virginia. Houchins v. Beckley, 127 W Va 306, 32 SE2d 286. ,4 Michigan. Marks Furs,' Inc. v. De- troit, 365 Mich 108, 112 NW2d 66. ' 47 Connecticut, Franco v. New Ha- ven, 133 Corm ~44, $2 A2d 866. Ohio. Columbus v. Columbus Metro- politan Housing Authority, 33 Ohio Op 212, 67 NE2d 338, affd (Ohio App), 68 NE2d 108. 4, W~h~n. Goebel v. Elliott, 178 Wash 444, 35 P2d 44. / a state or municipality, against per- of any class, sect, creed, or nation, in whatever form it may be is forbidden by the Fourteenth Amendment ofthe Consti- .~ United States.~ Ordinances that arbitrarily, oppressive~ unreasonably discriminate are unconstitutional and void,~ ,are in contravention of constitutional guarantees of equal and due process of law.* In short, municipal class legisla- against some and favoring others, is prohibi- discriminatiol~ which invalidate an ordinance regulating a have been said to be .those where persons engaged in the § 19.16 MV~C~.L Co~o~o~s same busine~ are subjected to different restrictions'or are entitled to different privileges under the same conditions.* In judging the constitutionality of such an considered the statutory authority for its enactment, the effect public health of the operations of the business regulated as pared with s'unflar operations performed by businesses not by the ordinance, and then ascertained whether the contained therein is arbitrary or discriminatory.' ~ United 8tat~. Nixon v. Condon, 286 US 73, 76 L Ed 984, 52 S Ct 434, rovg 49 F2d 1012, which affd 34 F2d 464; Campbell Baking Co. v. Maryville, 31 F2d 466; Ho Ah Kow v. Nunau, 5 Sawy 552, 562, 12 Fed Cas No. 6546. New Jersey. State v. Levine, 109 NIL 503, 162 A 909. New York. Lucifer's Gate v. Van Bu- mn,. 83 Misc2d 790, 373 NYS2d 304. = Arkansas. Springdale v. Chandler, 222 Ark 167, 257 SW2d 934. Florida. Miami Shores Village v. Wm. N. Brockway Post No. 124 of Ameri. can Legion, 156 Fla 673, 24 SO2d 33, dr- i~g McQum~ - · C~orgis. Moultrie Milk Shed v. Cairo, 206 Ga 348, 57 SE2d 199; Mayor of Sa. vmmah v. Savanm~ Distributing Co., 202 Ga 559, 43 SE2d 704; Hawki~sville v. Clark, 135 Ga App 875, 219 SE2d 577. Illinois. P~ople v. Chicago, 337 I~ 100, 168 NE 904 (discrimination between in. dividuais or groups). · Kentucky. Davis v. Pelfrey, 285 Ky 298, 147 SW2d 723. Mi~ouri. McKaig v. Kansas City, 563 Mo 1033, 256 SW2d 815. Nebr~ka. Skag-way Dept. Stere, Inc. v. Omaha, 179 Neb 707, 140 NW2d 28. New Jersey. Brindley v. Borough of Lavallette, 33 NJ Super 344, 110 A2d 157. New York. Gianatasio v. Kaplan, 257 NY 531, 178 NE 782, affg 142 Misc 611, 255 NYS '102, app dismd 284 US 595, 76 L Ed 511, 52 S Ct 203; Lucifer's Van Buren, 83 Misc2d 790, 373 304. Pennsylvania. Commonwealth Wilkes-Barre, 164 Pa Super 529, 67 776 (rotiroment ordinance). "~ Utah. Salt Lake City v. Utah lying on Southern Ry. Co..v. Gr~ne US 417, 54 L Ed 536, 30 S Ct 287. Wisconsin. Brennan v. 265 Wis 52, 60 NW2d 704. Unequal penalties founded upon reasonable and unsubstan~ tion, §17.13. -."~'~ Unreasonable discrimination ly, §18.11. Ordinanc~ officials to grant or deny ordinances enacted under police' cks 24 and 25. Uniformity of license ordinance, 26. ..~ Uniformity of municipal taxea, ch, s New York. Lucifer's Gate Buren, 83 Misc2d 790, 373 NY~kl * See §19.11. · United States, Barbier 113 US 27, 28 L Ed 923, 5 ~ North Carolina. Suddreth lotte, 223 NC 629, 27 SE2d 6~0. '. 428, 109 NE2d 790. § 19.16. ---- Nonresidents, residents, or aliens. The constitutional provisions exacting equalit3 the operation of ordinances~ and the rule that an ordinance it is voic '' aha proposes or ~ to procure a Ii, which 1~ house to reside~ , a lay ~ operation is 'for ( Similar with resl: will not r~ Au ordinan~ puts them the ordina eft nc · The question this connecti tax on invalid, as t~ and, ordinance or ~ privileges in CONST~TUT~ONAL/TY OF OP~AN~E~ 19.16 both prohibit any unreasonable discrimination against Consequently, an ordinance cannot arbitrarily, op- or unreasonably discriminate against nonresidents;' [fit it is void.s Municipal legislation discriminating against nonresident business favor of resident business is unconstitutional.° Also, an ordinance nonresidents.respecting licensing requirement or tax is bad.' Accordingly, an ordinance ' a hawker or peddler, who is not a resident of the city, and proposes to sell merchandise, goods, or wares which are not or manufactured in the county in which the city is situated, a license, discriminates against the citizens and products '.other communities, and is unconstitutional.° Similarly, an ordi- which prohibits nonresidents from peddling or selling goods house to house without a license, which fixes such license tax as, in effect, to make it prohibitory, and which in terms residents of the municipality from its operation is void.' a law which excepts peddlers residing in the county from is void? The view has been taken, however, that a city discriminate to a reasonable extent against nonresidents in for occupation or trade licenses, and a classification so 'discriminating will not necessarily render licensing ordinances Simflarly~ ~ differentiation between residents and nonresi- with respect to fees for use of recreational facilities, if reason- will not render the ordinance invalid? And a municipality has permitted to limit the use of its recreational facilities to rosi- . , ilAn ordinance which applies equally to residents or nonresidents puts them on the same basis negates any complaint of either the ordinance is unreasonable in such respect.~' The fact that effect of a tax is to collect most of it from nonresidents said not to amount to discrimination in a legal or objection- sense. ~ s t The question of discrimination against residents has been raised. L this connection it has been held that an ordinance, imposing a tax on moWr vehicle carriers under sanction of statute, is as to domestic corporations, on the ground ofdiscrimina- and, thus, of violation of equal protection of the laws? ~qual protection of the laws includes aliens, and . ordinance or statute unreasonably discriminating against them void.~, But aliens may be forbidden or excluded from certain rights in a proper case? Moreover, limitations of exception, § 19.16 MumCn'AL COP.~O~_~0NS provided by. ordinance, to organizations of citizens as distinguished"i from aliens may be reasonable and constitutional,i* ..... :,' a See §18.09 et seq. s llll~ois. Carrollton v. Bazmtte, 159 nl 284, 42 NE 837. Iowa Ottmnwa v, Zekind, 95 Iowa Kentuclo. Davis v. Pel~y, 285 Ky 298, 147 SW2d 723; Long v. Benton, 285 Ky 526, 148 SW2d 701. blnine. State v. Norton (Me), 335 A2d 607. Tenueasee. Nashville v. Althrop, 5 Cold 554. * New Jersey. Sea Isle City ~. Cateri. ha, 123 NJ Super 422, 303 A2d 351; Bor- ough of Neptune City v. Borough of Avon-By-The-Sea, 114 NJ Super 115, 274 Oregon. Ideal Tea Co. v..Salem, 77 Ore 182,150 P 852, citing McQuillin text~ a Coam~'ttcut, Willard v. Killi~. worth, 8 Conn 247; Hayden' v. Noyes, 5 ' New Jersey. Sea Isle City v. Caterina, 123 NJ Super 422, 303 A2d 351; Borough of' Neptune City v. Borough of' Avon-By- The-Sea, 114 NJ Super 115, 274 A2d 860. New York. People v. Gilbert (Misc), 137 NYS2d 389; Marquardt v. Castoro (Misc), 68 NYS2d 327. o Maryland. Havre de Grace v. John. son, 143 Md 601, 123 A 65. Minnesota. Construction & General Laborers Union Local 563, AFL-CIO v. St. Paul, 270 Minn 427, 134 NW2d 26. Ohio. Richter Concrete Corp. v. Read. lng, 166 Ohio St 279, 142 NE2d 525. Oklahoma. Buckler v. Geary, 174 Okla 533, 51 P2d 271. Ordinances interfering with foreign or interstate commerce, §§19.55-19.88. ~ United Stataa Ward Baking Co. v. Fernandina, 29 F2d 789. Colorado. Houston v. Kirschwiug, 117 Colo 92, 184 P2d 487. Illinois. Carrollton v. Bazzette, 159 I11 284, 42 NE 837. Iowa. Pacific Junction v. Iowa 38, 19 NW 862. .' Michig~. Cook Coffee Co. v. lng, 267 Mich 131, 255 NW 177. ~uri. St. Clmrl~s v. Nolle, 51 122. n.,, state,.. NH 5O8, 15 A 128. New Jersey. Morgan NJL 389, 13 A 240; Nutley v. Brandt~ NJ Misc 670, 174 A 244. .. Oklahoma. Ex parte Davis, 72, Crim 152, 114 P2d 186 .... Pennsylvania` Bennett ,. Birm~-~ ham, 31 Pa 15. Tennes~e. State v. Scott, 98 Te~ 254, 39 SW 1. " Washington. Ralph v. Wenatchee~ Wash2d 638, 209 P2d 270. Local licensing as interference with terstate commerce, §§19.72-19.801 s United States. Welton v. 91 US 275, 23 L ~ 347. · Dakotas. Ro~m v. McCoy, 6 D~ 2~ ~1 NW~980. lndiama` Gratify 107 502, 8 NE 609; Sears v. 36 Ind 267. Iowa. Marshalltown v. Blum, 58 Io~' 184, 12 NW 266. · . -' ~..; Minnesota. St. Paul v. Dalsin; Minn 325, 71 NW2d 855. Ohio. Radebou~h v. Plain Ohio Dec 613. s pennsylvania. Seyre Phillips, 148 Pa 482, 24 A 76.... ~o Iowa, Marshalltown. v. Iowa 184, 12 NW 266.. Michigan. Rodgers v. Kent Judge, 115 Mich 441, 73 NW Pennsylvania. Snyder, 182 Pa 630, 38 A 356. ilCalifornia- $ivertsen v. Park, 17 Cal2d 197, 109 P2d 928.. Illinois. Chicago v. Vokes, 28' 475, 193 NE2d 40 (taxicab New York. People v. Kraushaarg of N, · .?~ Pow~ o~ m~ P ~;~..'xs ~o~ de~ 1~ ~ '"~N~ Yo~. ...~ Um~ S~ ~ v. M~mc ~L~,I ~ ~9, 1~ S : .. ~o~ S~ ~ O~ ~o. 159 ~ ~ : '19.17. pl . .. other any of its whites a~ ,,,However,. ~ather than A dry is ~ "CtlSto~ CoNm'rnmo~u~ry Ol~ OaDmJ.~czs § 19.17 487, 89 NYS2d 685 (automobile license fro). ~tNew J~r~y. Sea Isle City v. !'~terina, 123 NJ Super 422, 303 A2d 351; of Neptune Gity v. ]~rough of .114 NJ Super 115, 274 :Oidahoms. McFall v. Shawnee 559 P2d 433 0ake fl-Grit property of municipality to charge non- ~:re~idents higher fees than, residents for 57 ALR3d 968. ~:~.-z~ California. McClain v. South Pasa- dena, 155 COl App2d 423, 318 P2A 199. 'Nzw York. Sohreiber v. Rye, 53 259, 278 NYS2d 527. .~. ~4 United Sta~s. Savings & Loa~ So- elety v. Multnomah County, 169 US 421, ~'42 L Ed 803, 18 S Ct 392. '~ Aiaham~ Guntorsville v. Wright, 223 Ala 349, 13~ So 634. Florid~ State v. Spencer, 139 Fla 237, · Ohio. Solomon v. Cleveland, 26 Ohio ~/.~App !9, 159 1VE 121. ~*N~w York. Glen Cove Theatres, Inc. v. Glen Cove, 36 Misc2d 772, 233 NYS~i 972. v. Lynchburg, 185 Va 135, 37 SE2d 357. i7 United Sta~ Sugarman v. Dou. ball, 413 US 634, 37 L Ed2d 853, 9315 Ct 2842. Cf. Ambach v. Norwick, 441 US 68, 60 L Rd2d 49, 99 15 Ct 1589. N~w York. Carvailo v. Cooper, 228 App Div 719, 239 NY15 436; Sundrnm v. Niagara Falls, 77 Misc2d 1002, 357 Oregon- G~orge v. Portland, 118 Ore 418, 235 P 681. Washington. Itsieh v. Civil Service Commi~ien of City of Seattle, 79 Wash2d 529, 488 P2d 515. is C-~dtfo~ People v. Cannizzaro, 138 Cai App 28, 31 P2d 1066 (p~ deadly weapons). ~s Maseaehusett~ Commonwealth v. Kimball, 299 Mass 353, 13 NE2d 18. ::§. 19.17. ---- Race or religion. '.'.i American citizens of any particular descent are entitled equally With all other citizens of the United States to the same rights, accom- inodations, advantages, privileges, and treatment in the use and .~njoyment of facilities and services, such as public transportation, playground, swimming pool, etc., and to equal treatment other persons and to equal protection of the laws in their use enjoyment of such privileges.~ Accordingly, a municipality may exclude, on account of race, members of the public from the use any of its facilities,z Ordinances providing for separate facilities whites and blacks are unconstitutional? ..'However, it has been held that a city may clo~e all of its facilities allow desegregated use, at least where there is a show- .'.tng that desegregation would make operation economically burden- While some earlier decisions did uphold segregation ordinances,* there can be no question now that ordinances which are racially are void.t A city is under an affirmative constitutional duty to eliminate "custom, practice, policy or usage" reflecting an 'impermissi. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Crime Information Computer Terminal Approved For Submittal By: ~_~ City Manager ~'/'' ~ Agenda No. ) ) ) ) Dept. of Origin: Police (ELP) ) ) Date Submitted: 10/14/91 ) ) For Agenda Of: 10/23/91 ) ) Exhibits: FDLE Contract ) - Petty Memo Dated 10/14/91 - FDLE Memo Dated 02/08/91 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Florida Department of Law Enforcement ("FDLE") has asked the City to enter into a new agreement for the placement of a computer terminal at the Sebastian Police Department. The computer terminal would access data from both the Florida Crime information Center ("FCIC") and, the National Crime Information Center ("NCIC"). This computer terminal is essential to the operation of the police department. The FDLE agreement restricts the City's use of the computer terminal to criminal justice and law enforcement uses, requires us to service the terminal and prevent unauthorized use, to follow FDLE procedures and policies and to allow only properly trained certified personnel to operate the terminal. As of February 15, 1991, FDLE no longer pays for maintenance. The annual maintenance expense is $516.00, which is budgeted under "Repairs and Maintenance" in the Police Department budget. The City is also required to pay for the proper supplies needed, which is budgeted at $700/year. The maintenance agreement did not cover the damage caused by lightening. However, this loss is covered by the City's insurance RECOMMENDED ACTION Move to authorize and direct the Mayor and City Clerk to sign a Communication Terminal User's Agreement with the Florida Department of Law Enforcement.Y/-""~'Z'~"~ STATE ~NDED TERMINAL COST SHARING TERMINAL FLORIDA DEPARTMENT OF LAW ENFORCEMENT FLORIDA CRIME INFORMATION CENTER COMMUNICATIONS TERMINAL USER'S AGREEMENT THIS AGREEMENT, ENTERED INTO BE'FWEEN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (HEREINAFTER REFERRED TO AS FDLE), AN AGENCY OF THE STATE OF FLORIDA WITH HEADQUARTERS AT 2331 PHILLIPS ROAD, TALLANASSEE, FLORIDA AND THE. Sebastian Pq. lice DePartment , 1~22 T)~ 1 WITH HEADQUARTERS AT ~h~t ~ mnj ~,T, , , (HEREINAF-FER REFERRED T~" AS THE USER), WITNESSETH THAT: 3) 4) S) 6) I) FDLE IS AN AGENCY OF THE STATE OF FLORIDA AUTHORIZED BY LAW TO ESTABLISH AND OPERATE THE FLORIDA CRIME INFORMATION CENTER (HEREINAFTER FCIC), AND TO PARTICIPATE IN SIMILAR MULTISTATE AND FEDERAL SYSTEMS FOR THE EXCHANGE OF INFORMATION RELATING TO CRIMES, CRIMINALS AND CRIMINAL ACTIVITY, AND 2) INFORMATION OBTAINED FROM THE FCIC FILES, OR OBTAINED THROUGH COMPUTER INTERFACES TO OTHER STATE OR FEDERAL SYSTEMS, BY MEANS OF TERMINAL ACCESS GP~ANTED PURSUANT TO SECTION 943.0525, F.S., CAN ONLY BE USED FOR CRIMINAL JUSTICE PURPOSES. THE INFORMATION AVAILABLE IN THIS WAY THROUGH THE SERVICES OF FCIC IS RESTRICTED TO LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCIES FOR OFFICIAL USE ONLY. INFORMATION RETRIEVED FROM THE FCIC BY DIRECT TERMINAL ACCESS IS NOT TO BE MADE AVAILABLE UNDER PROVISIONS OF THE PUBLIC RECORDS LAW (CHAPTER 119 F.S.). COMPLIANCE WITH CHAPTER 119, F.S., IS ACCOMPLISHED BY DIRECTING RECORD REQUESTS TO FDLE PER CHAPTER 11C-6, F.A.C., AND SECTION 943.053(3), F.S. IT IS THE RESPONSIBILITY OF THE AUTHORIZED AGENCY TO INSURE THAT ACCESS TO THE FCIC/NCIC NETWORK IS FOR AUTHORIZED CRIMINAL JUSTICE PURPOSES ONLY, AND TO REGULATE PROPER USE OF THE NETWORK AND INFORMATION AT ALL TIMES. FDLE PARTICIPATES IN THE NATIONAL CRIME INFORM~ATION CENTER (HEREINAFTER NCIC) OF THE UNITED STATES DEPARTMENT OF JUSTICE AND IN THE NATIONAL LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (HEREINAFTER NLETS), SERVING AS FLORIDA CONTROL AGENCY FOR THE INTERSTATE TRANSMISSION OF CRIMINAL JUSTICE INFORMATION TO AND FROM AGENCIES IN FLORIDA AND AGENCIES IN THE CONTINENTAL UNITED STATES, ALASKA, HAWAII, WASHINGTON, D.C. AND PUERTO RICO, AND THE USER REQUIRES TERMINAL ACCESS TO INTRASTATE AND iNTERSTATE CRIMINAL JUSTICE INFORMATION SYSTEMS IN ORDER TO EFFECTIVELY DISCHARGE ITS PUBLIC DUTIES, AND AS THIS AGREEMENT APPLIES TO A STATE-FUNDED TERMINAL FDLE IS WILLING TO PROVIDE A TERMINAL CONFIGURATION TO THE USER FOR AN INDEFINITE PERIOD PROVIDED USER AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS, RULES, POLICIES, AND PROCEDURES, TO ASSUME CERTAIN COSTS, AND SO LONG AS FDLE RETAINS FULL CONTROL OVER THE MANAGEMENT AND OPERATION OF THE FCIC, OR AS THIS AGREEMENT APPLIES TO A COST SHARED TERMINAL FDLE IS WILLING TO ALLOW LOCAL LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCIES WISHING TO PARTICIPATE IN THE FCIC TELECOMMUNICATIONS SYSTEM TO DO SO THROUGH A COST-SHARING PROGRAM PROVIDED THAT THE USER AGREES THAT APPLICABLE FEDERAL AND STATE LAWS, FDLE/FCIC RULES, REGULATIONS, POLICIES AND PROCEDURES WILL BE FULLY ADHERED TO, AND SO LONG AS FDLE RETAINS FULL CONTROL OVER THE MANAGEMENT AND OPERATION OF THE FCIC, AND PROVIDED THAT THE USER HAS REQUESTED ACCESS TO FCIC, NCIC, AND NLETS BY BECOMING A PART OF THE FCIC SYSTEM, AND HAS EXPRESSED A WILLINGNESS TO REIMBURSE FDLE FOR PROVIDING THIS ACCESS. Page 1 of 5 II. III. NOW THEREFORE, IN LIGHT OF THE FOREGOING REPRESENTATIONS AND THE PROMISES, CONDITIONS AND OTHER VALUABLE CONSIDERATIONS MORE FULLY SET OUT OR INCORPORATED HEREIN BY REFERENCE, FDLE, BY ITS DULY AUTHORIZED OFFICIALS, AGREES: 1) TO FURNISH THE USER, A CRIMINAL JUSTICE AGENCY, WITH SUCH CRIMINAL JUSTICE INFORMATION AS IS AVAILABLE IN THE FCIC FILES, AND TO SERVE AS THE MEANS OF EXCHANGE OF COMPUTERIZED ADMINISTRATIVE MESSAGES BETWEEN lltE USER AND OTHER CRIMINAL JUSTICE AGENCIES ON 'll(E FCIC TELECOMMUNICATIONS NETWORK. IN ADDITION, FDLE AGREES TO SERVE AS THE STATE CONTROL TERMINAL FOR THE INTERCHANGE OF INFORI~TION BETWEEN NCIC, NLE']'S AND THE USER. 2) EITHER (A) OR (B) WILL APPLY DEPENDING UPON WHETHER THE TERMINAL IS STATE-FUNDED OR COST-SHARED: (A) TO ARRANGE FOR INSTALLATION OR REQUIRED TELECOMMtlNIC. ATIONS TERMiNALS(S), PRINTER AND MODEM, AND REQUIRED COMMUNICATION LINE(S) AT I}tE USER LOCATION, UNDER PROVISIONS OF STATE FUNDING. TERHINAL OPERATION PERSONNEL COSTS, EQUIPMENT POWER AND CONNECTION COSTS, TERMINAL PAPER AND RIBBON COSTS, AND OTHER SIMILAR COSTS WILL BE THE RESPONSIBILITY OF THE USER. FDLE WILL PAY THE COST OF SHIPPING THE TERMINAL(S) TO USER, THE MONTHLY RENTALS, IF ANY, ON THE TERMINAL(S), THE INITIAL INSTALLATION COST OF THE DATA CIRCUIT(S), AND THE ONGOING MONTHLY COST OF THE DATA CIRCUIT(S). USER WILL BEAR ALL COSTS A1-FRIBUTABLE TO NEGLECT OR MISUSE OF THE TERMINAL. (B) TO PROVIDE ACCESS TO THE USER AGENCY SEEKING FIRST OR MULTIPLE TERMINAL ACQUISITION UNDER PROVISIONS OF COST-SHARING. FDLE WILL NOT BE RESPONSIBLE IN ANY REGARD FOR THE TERMINAL ACQUISITION, MAINTENANCE, OPERATION, REPAIR, SUPPLIES OR TERMINAL OPERATION PERSONNEL COSTS. 3) TO SCHEDULE AND PROVIDE TRAINING OF TERMINAL OPERATORS AND OTHER PERSONNEL AT LOCATIONS AND TIMES ARRANGED BY FDLE TRAINING STAFF. ONLY THOSE TERMINAL OPERATORS WHO HAVE SUCCESSFULLY COMPLETED SUCH TRAINING TO THE ACXNOWLEDGED SATISFACTION OF THE FCIC INSTRUCTOR AND WHO HAVE BEEN SO CERTIFIED SHALL BE ALLOWED TO OPERATE AN FCIC TERMINAL OR HAVE ACCESS TO THE FCIC SYSTEM. I'HOSE PERSONS WHO ARE IN THEIR INITIAL SIX MONTHS OF ASSIGNHENT TO TERMINAL OPERATOR DUTIES ARE PERMIT-rED SUPERVISED ACCESS TO THE TERMINAL FOR TRAINING PURPOSES. WITHIN THIS INITIAL SIX MONTH PERIOD, THE OPERATOR SHOULD BE TRAINED IN-HOUSE AND BECOME CERTIFIED BY THE FDLE TRAINING STAFF. NOW THEREFORE, IN LIGHT OF THE REPRESENTATIONS AND THE PROMISES, CONDITIONS AND OTHER VALUABLE CONSIDERATIONS MORE FULLY SET OUT OR INCORPORATED HEREIN BY REFERENCE, USER, BY ITS DULY AUTHORIZED OFFICIALS, AGREES: 1) IN THE CASE OF COST-SHARING TERMINALS, TO PAY THE MONTHLY DATA CIRCUIT COST TO FDLE THAT IS INCURRED TO PROVIDED SERVICES. DATA CIRCUIT COST WILL BE BILLED BY FDLE QUARTERLY AND MUST BE PAID WITHIN 30 DAYS OF BILLING DATE. FAILURE OF THE USER TO REIMBURSE THESE COSTS TO FDLE WILL BE GROUNDS FOR TERMINATION OF SERVICE AND OR SYSTEM ACCESS. 2) SHOULD USER DESIRE TO RELOCATE THE TE~INAL(S), THE USER SHALL PROVIDE FDLE/FCIC 90 DAYS WRITTEN NOTICE. ALL COSTS ASSOCIATED WITH THE RELOCATION OF THE TERMINAL EQUIPMENT AND THE DATA CIRCUIT(S) INCLUDING DELAYS IN WORK ORDER DATES WILL BE BORNE BY USER. THE REPAIR AND COST OF ANY DAMAGES RESULTING FROM SUCH RELOCATION WILL BE THE USER'S RESPONSIBILITY. Page 2 of ~ THE FOLLOWING USER RESPONSIBILITIES ARE ASSIGNED IN REGARD TO THE TERMINAL EQUIPMENT PROVIDED BY FDLE: ON TERMINAL RELOCATIONS, TO DISCONNECT TERMINAL PLUGS FROM DATA CIRCUITS, PHYSICALLY RELOCATE THE TERMINAL EQUIPMENT TO THE NEW LOCATION, AND RECONNECT THE TERMINAL EQUIPMENT INTO THE NEW DATA CIRCUIT. RECEIVE NEWLY ASSIGNED TERMINAL EQUIPMENT AND VERIFY SERIAL NUMBERS. FDLE ASSIGNED PROPERTY NUMBERS SHALL BE REPORTED TO FDLE UPON RECEIPT OF EQUIPMENT OR UPON REQUEST OF FDLE. CLEAN THE TERMINAL EQUIPMENT ON A MONTHLY BASIS OR AS REQUIRED. REPORT TO iDLE WITHIN 5 DAYS THE SERIAL NUMBERS OF ANY TERMINAL EQUIPMENT REPLACED BY THE VENDOR DUE TO MECHANICAL FAILURES. PROVIDE A BRIEF SYNOPSIS OF THE EQUIPMENT REPLACEMENT. TO ALLOW ONLY LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCY PERSONNEL WHO HAVE BEEN PROPERLY SCREENED TO OPERATE THE FCIC TERMINALS, OR HAVE ACCESS TO INFORMATION CONTAINED WITHIN THE FCIC/NCIC SYSTEM OR OTHER STATE CRIMINAL JUSTICE INFORMATION SYSTEM FILES. SHOULD THE TERMINAL MALFUNCTION OR BECOME INOPERABLE, FDLE/FCIC WILL BE NOTIFIED IMMEDIATELY. ALL COSTS A1-FRiBUTABLE TO USER'S NEGLECT OR MISUSE WILL BE THE USER'S RESPONSIBILITY. FCiC WILL EXECUTE TROUBLE SHOOTING PROCEDURES AND CONTACT NECESSARY MAINTENANCE PERSONNEL. TO MAINTAIN RECORDS OR CERTIFIED TERMINAL OPERATORS AND REQUIRE EMPLOYEE ATTENDANCE AT TRAINING CLASSES PROVIDED. USER AGREES TO REMOVE FROM TERMINAL OPERATION RESPONSiBiLITIES ANY AGENCY EMPLOYEE WHO FAILS TO ACHIEVE REQUIRED CERTIFICATION STANDARDSi 7) TO OPERATE THE TERMINAL DURING ITS REGULAR WORKING HOURS. USER AGENCIES THAT DO HOT MAINTAIN A 24-HOUR, SEVEN DAY A WEEK OPERATION WILL NOT BE ALLOWED TO MAKE ENTRIES INTO THE FCIC/NC~C WANTED FILES. 8) TO PROVIDE ASSISTANCE TO OTHER LAW ENFORCEMENT OR CRIMINAL JUSTICE AGENCIES NOT EQUIPPED WITH AN FCIC TERMINAL IN KEEPING WITH FDLE/FCIC STANDARDS, BUT ONLY TO THE EXTENT THAT SUCH ASSISTANCE IS NOT OTHERWISE PROHIBITED. TO SEND ONLY CRIMINAL JUSTICE/LAW ENFORCEMENT MESSAGES OVER AND THROUGH THE FCiC NEWORK. ALL MESSAGES WILL BE TREATED AS PRIVILEGED UNLESS OTHERWISE INDICATED. HOWEVER, INFORMATION CLASSIFIED UNDER PERTINENT FEDERAL LAWS AND INSTRUCTIONS WILL NOT BE TRANSMITTED. TO OPERATE THE TERMINAL AND OTHERWISE CONDUCT ITSELF IN STRICT COMPLIANCE WITH APPLICABLE FCIC, NCIC, AND NLETS POLICIES INCLUDING, BUT NOT LIMITED TO, POLICIES, PRACTICES AND PROCEDURES RELATING TO: A) B) CONVERSION AND ENTRY OF INFORMATION FOR CONVERSION. VALIDATION AND CERTIFICATION. PAGE 3 of 5 ?/.Z ?? c) D) E) F) G) DAILY ACCOUNTING FOR POSITIVE RESPONSES TO INQUIRIES. CANCELLATION OF ENTRIES. INTERAGENCY NOTIFICATION AND CONFIRMATION OF POSITIVE RESPONSES TO INQUIRIES. PRUDENT USE OF STATEWIDE OR REGIONAL TRANSMISSIONS. USE OF PLAIN TEXT IN MESSAGE TP, AFFIC. ALL POLICIES, PROCEDURES AND OPERATING INSTRUCTIONS PRESENTLY CONTAINED IN CURRENT NCIC AND NLETS DOCUMENTS AND THE FCIC .OP~RAT)NG MANUAL, PUBLISHED BY FDLE, AND HEREBY INCORPORATED INTO AND MADE A PART OF '('HIS AGREEMENT EXCEPT TO THE EXTENT THAT THEY ARE INCONSISTENT HEREWITH OR LEGALLY SUPERSEDED BY HIGHER AUTHORITY. TAKE NECESSARY MEASURE TO HAKE THE TERMINAL SECURE AND PRD/ENT ANY UNAUTHORIZED USE. FEDERAL REGULATION 28 CFR 20.21(F) DEMANDS THAT THE USER ASSUME AND BE AUTHORIZED TO EXECUTE, MONITOR, AND ENFORCE SECURITY POLICY WITHOUT DEPARTMENTAL INTERFERENCE (I.E., BE DELEGATED MANAGEMENT CONTROL OVER THE TERMINAL AND DEPARTMENTAL EMPLOYEES HAVING ACCESS TO IT). FDLE/FCIC RESERVES THE RIGHT TO OBJECT TO EQUIPMENT (TERMINAL) LOCATION, SECURITY HEASURES, QUALIFICATIONS AND NUMBER OF PERSONNEL WHO WILL BE OPERATING THE TERMINAL, AND TO SUSPEND OR WITHHOLD SERVICE UNTIL SUCH MA1FERS ARE CORRECTED TO ITS REASONABLE SATISFACTION. FDLE/FCIC FURTHER RESERVES THE RIGHT TO CONDUCT INSPECTIONS CONCERNING THE PROPER USE AND SECURITY OF THE TERMINAL FACILITY. SUCH INSPECTIONS MAY BE ACCOMPANIED BY PERSONNEL OF THE USER. USER UNDERSTANDS THAT THE FDLE/FCIC, ITS OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE IN ANY CLAIM, DEHAND, ACTION, SUIT, OR PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY SUIT IN LAW OR IN EQUITY FOR DAMAGES BY REASON OF, OR ARISING OUT OF, ANY FALSE ARREST OR IMPRISONMENT FOR ANY LOSS, COST, EXPENSE OR DAMAGES RESULTING FROM OR ARISING OUT OF THE ACTS, OMISSIONS, OR DETRIMENTAL RELIANCE OF THE PERSONNEL OF THE USER IN ENTERING, REMOVING, OR RELYING UPON INFORMATION IN THE FCIC/NCIC?LETS INFORHATION SYSTEHS. WHERE APPLICABLE, THE USER UNDERSTANDS THAT BY ENTERING INTO THE COST SHARING PROGRAM, THE RIGHT AND PRIORITY TO A STATE FUNDED FCIC TERMINAL IS RELINQUISHED. THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN EXECUTED UNDER AND TO BE SUBJECT TO THE LAWS OF THE STATE OF FLORIDA EXCEPT TO THE EXTENT THAT FEDEPJ~L LAWS, OR REGULATIONS HAVING THE FULL FORCE AND EFFECT OF FEDERAL LAWS, REQUIRE A CONTRARY VIEW. IF ANY TERM OF THIS AGREEMENT IS FOUND TO BE INVALID OR IF ANY CHANGE IN THE LAWS APPLICABLE TO EITHER PARTY REQUIRES EITHER PARTY TO CURTAIL PERFORMANCE HEREUNDER, THE OTHER PARTY MAY DEMAND RENEGOTIATION OR TERMINATION UPON WRI'FI'EN NOTICE TO THE OTHER PARTY THAT THE CHANGES, CIRCUMSTANCES, OR THE EXTENT OF COMPLIANCE OR NONCOMPLIANCE, IF KNOWN AT THE TIME OF EXECUTION OF THIS CONTRACT, WOULD HAVE FORECLOSED THAT PARTY'S ENTRY INTO THE AGREEMENT. TERMINATION THIS AGREEMENT IS WITHOUT TERM, BUT MAY BE RENEWED OR RENEGOTIATED UNDER MUTUALLY AGREEABLE TERMS. HOWEVER, THE PARTIES AGREE THAT IT SHALL BE TERMINATED UPON THE SAME GROUNDS AND UPON THE OCCURRENCE OR NONOCCURRENCE OF SUCH EVENTS THAT OPERATE TO SUSPEND, ANNUL, OR VOID ANY OTHER LONG-TERM CONTRACT ENTERED INTO BY A PUBLIC AGENCY. MOREOVER, FDLE MAY SUSPEND THE FURTHER PAGE 4 of $ PERFORMANCE OF SERVICES HEREUNDER WHEN IN ITS RE~ASONABLE ESTIMATION THE USER HAS BREACHED ANY MATERIAL TERM OF THIS AGREEMENT. FOR THE PURPOSES OF THIS PARAGRAPH AND THIS AGREEMENT, THE VIOLATION OF ANY SPECIFIC TERM OF THIS AGREEMENT OR OF ANY SUBSTANTIVE REQUIREMENT OR LIMITATION IMPOSED BY THE FEDERAL OR STATE STATUTES, REGULATIONS, OR RULES INCORPORATED INTO THIS AGREEMENT SHALL BE DEEMED A BREACH OF A HATERIAL TERH OF THE AGREEHENT. USER ACKNOWLEDGES THAT UNDER THE APPROPRIATE TERMS OF THIS AGREEMENT, THE FOLLOWING FDLE CONDITIONS ONLY ARE HOT APPLICABLE: STATE FUNDED TERMINAL: 2A [ ~<~ ] COST SHARED TERMINAL: 2B [ ] RESPONSIBILITY FOR PERSONNEL TO THE EXTENT PROVIDED BY THE LAWS OF FLORIDA AND OF THE UNITED STATES, USER AGREES TO BE RESPONSIBLE FOR THE NEGLIGENT OR DELIBERATE ACTS OR OMISSIONS OF ITS PERSONNEL ARISING OUT OF OR INVOLVING ANY INFORMATION CONTAINED IN, RECEIVED FROH, ENTERED INTO OR THROUGH FCIC/NCIC, OR OTHERWISE IN THE EXERCISE OR ENJOYMENT OF THIS AGREEMENT. IN WITNESS HEREOF, THE DULY AUTHORIZED OFFICIALS OF THE RESPECTIVE PARTIES SET THEIR HANDS AND SEALS THIS DAY OF S/ AUTHORIZED CONTRACTING OFFICIAL (AGENCY HEAD) (AGENCY) Sl COMMISSIONER, FLORIDA DEPARTMENT OF LAW ENFORCEMENT Rev: 04/gl Page 5 of 5 SEBASTIAN POLICE Earle L. Petty, Chief of Police I I II Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 I II I MEMORANDUM DATE : October 14, 1991 TO : FR~ : SUBJECT: Robert S. McClary, City Manager Earle Petty, Chief of Pol~ F.D.L.E. Communications Terminal Users Agreement In reference to your memorandum dated October 11, 1991, on the above subject, Florida Department of Law Enforcement, because of state budget cut backs required all users of their I.B.M. Microcomputers to provide a maintenance agreement, which was previously paid for by F.D.L.E. On February 14, 1991, we signed a maintenance and inspection service agreement with Universal Financial for 7 x 24 hour service. The annual charge for this maintenance agreement is $516.00 and will be due for renewal in February 1992. The State of Florida mandates that we keep and maintain this terminal for Uniform Crime Reports (UCR) to F.D.L.E. and police information from both Florida Crime Information Center and National Crime Information Center. The only other costs related to this terminal users agreement is the copy paper used in the printer and we budget $700.00 annually for this expense. The maintenance agreement does not cover the cost of repair if the damage was caused by lightning, which happened on August 21, 1991. cost of materials and labor for that incident was $1,315.50. The If you have any questions pertaining to the terminal users agreement please contact me at your earliest convenience. EP/jh Enclosure' F.C.I.C. Technical Memorandum 91-2 - / Florida Department of Law Enforcement James T. "Tim" Moore Commissioner February 8, 1991 Division of Criminal Justice Information Systems FCIC TECHNICAL MEMDRABDUM 91-2 FROM: SI~/ECf: All FCIC Syst~mUsers Florida Crime Infozmation Center FCIC Tez~ninal Maintenance P.O, Box 1489 Tallahassee, Florida 32302 (904) 488-8852 As reported in FCIC Technical M~Norandum 91-1, the State of Florida has estimated that revenue will be less than that necessary to fund many programs in the State. The Governor and Cabinet have cut an additional $270 million from the current year budget in response to this situation. On January 10, 1991, the Governor and Cabinet adopted a cost reduction plan which included the elimination of FDI.F~'s funding to pay for on-site maintenance of state- iunded FCIC terminals. Effective February 15, 1991, FDLE will no longer be able to pay for terminal maintenance. In FCIC Technical M~norandum 91-1, thre~ (3) options w~re identified for obtaining maintenance service for your existing State funded tenminal configuration. The options w~re: 1. Pay for Sel~ice under the Current Maintenance Contract 2. Pay for RepaLrs on a Per Incident Basis 3. Obtain Individual Maintenance Contracts As of February 1, 1991, a total of 100 agencies elected to continue the current maintenance contract with the Unisys Colqporation. Of those, only 36 elected to pay for extendedmaintenance sel~ice. Given this response, the Unisys Corporation has agreed to continue providing bas%~ n~intenance (Monday through Friday, 8:00 AM - 5:00 PM) coverage for State funded FCIC terminal configurations for those agencies electing to pay for the service. Due to the small n~nber of agencies expressing interest in ~xtended maintenance coverage (evenings, w~ekends and holidays) and the resulting lack of revenue needed to retain field engineers on duty, Unisys cannot conmtit to pz~vide statewide extended nmintenance coverage under the existing contract. Selected Unisys offices may, however, be able to provide extended maintenance coverage under the terms of the existing contract for agencies within their coverage regions. FDLE has notified Unisys of those agencies wishing to purchase extended coverage and is working to identify those offices able to provide this service. FDLE will amend the current contract to reflect these changes. Those agencies which have already paid FDLE for extended maintenance coverage will receive refunds. After February 15, 1991, Unisys will bill local agencies directly for this service. Agencies electing to pay for maintenance service under the current contract will receive an invoice for service which covers the period February 15, 1991 through june 30, 1991. A second invoice will later be issued by Unisys to cover the period July 1, 1991 through November 15, 1991. It should be noted, that the current maintenance contract prices with Unisys may increase by as much as 6%. This is due to an annual price adjustment which is authorized under the terms of the current contract. Should an agency decide to stop n~intenance service under the current contract after Febln~ary 15, 1991, correspondence to that effect should be transntitted to FDLE's Field Services Unit. Under the te~ms of the current contract, at least 30 days should be allowed for this notification to take effect. FDLE will advise Unisys to re~ve the agency frc~ maintenance service. Upon receiving this notification, Unisys will first issue a credit to the agency. If the agency so chooses, Unisys will then follow with a refund equal to the unused portion of the maintenance period. The cu~Tent main~tenance contract with Unis}~ will be tez~gnated effective November 15, 1991. At this time, there are no plans to renew this contract. ~urchasinq a New Tei~%/~p~nt~r Conficmration Many agencies are considering purchasing a new terminal to replace the cuz~rent State funded terminal. New tenninals, depending upon manufacturer and model, can be purchased for as little as $500. New printers can be purchased for as little as $400. Attachment 2 provides a partial list of vendors which sell Unisys (Burroughs) compatible terminals. Specific models which have been qualified by FCIC for use on the network are noted. Purchasin~ a Microccm~u_ ter During the recent CJIS Users Conference, questions w~re raised regarding replacing FCIC tezminals with microcc~puters. The following infommation is provided to assist your agency in its decision to purchase a microcc~puter. NCiC published a preliminary set of specifications for an NCIC 2000 workstation a couple of years ago. Since that time, technology has continued to evolve. This evolution has been in both the hardware and software areas. The har~ has become more powmrful, but the software has evolved to require more powmrful hardware. This is especially true in the evolving area of graphical user interfaces as epitcmlized by the Microsoft Windows 3.0 software product and the software being provided on the marketplace that takes advantage of the Windows environment. The original NCIC 2000 workstation configuration for processor capability and storage r~qu~nts would minimally Support the current requLr~nents of commercially available Windows software today. It is anticipated by FDLE that the NCIC 2000 syst~n would take advantage of the technological capabilities provided by graphical user interfaces like Windows. This means that the NCIC 2000 workstation needs .to be more powerful than the originally proposed configuration. Listed belc~ are the basic components of a microcc~uter system that FDLE believes at this time could function as an NCIC 2000 workstation. Where several items are mentioned for a function, they are arranged in increasing support capability with cost being the greatest for the most capable. Processor Type: 80386SX, (optional math coprocessor maybe added) 80386, (optional math coprocessor maybe added) 80486 (math coprocessor is included) Processor Speed: 20 megahertz, n~nimum, faster speeds are available Processor Memory: 4 megabytes, minhmam, nDre m~mory can be obtained Disk Storage: 120 megabytes, minimum, more storage can be obtained Display Monitor: VGA colormonitor, minimum SVCW%colormonitor, better resolution Pointing Device: Mouse Growth Expansion: 4 'available full size, '16 bit slots Built-in Ports: 1 parallel and 2 serial Operating System: MS-DOS.4.01 or higher For future functions, OS/2 and Unix compatibility Printer: Highspeed, graphics capable printer (e.g., laser) FDLE is providing this list as a guide for agencies to use when discussing their NCIC 2000 workstation needs with a vendor. The list is generic and does not constrict choices to a limited number of vendors. Please, note that the specifications provided above are not absolute requ~nts to support cig-rent FCIC and NCIC functions. Rather, they represent the best available specifications to support FCIC and NCIC functions in the future. In order for your microcomputer configuration to function as a terminal on the FCIC network, it must be able to support the Unisys (Burroughs) poll-select cu,,,mlnication protocol. This canbe acc~,~lishedbyterminal e~nulation software. Several products are available in the market to accomplish this function. Your microc~,~3uter vendor should be able to assist you in finding the software. Troubleshootinq Equit~nent P.rob!ems The equi~nent options now available to your agency to access the FCIC Syste~ are numerous. These options give your agency the ability to more closely match specific needs, functionality and cost. With this flexibility, however, your agency assumes more responsibility to troubleshoot equi~znent problems. When the FCIC System was limited to a select number of terminal configurations, it was relatively easy for FCIC to maintain the technical skills to deal with almost any equitmnent problem which might arise. Agencies found it convenient to simply call FCIC whenever a problem occurred and FCIC w~s able to respond. As the variety and combination of equi~nent types increase, FCIC's ability to maintain the technical skills to provide in-depth troubleshooting becomes more difficult. Recognizing, however, that the FCIC Syst~n exists to serve the law enforc~nent agencies of Florida, FCIC will continue to serve as your first point of contact regarding equitmnent pl~pblems. Agencies which have elected to continue maintenance service under the current contract with the Unisys Corporation should continue to contact FCIC when equipment problems occur. FCIC will coordinate the call for maintenance service and monitor the c~letion of repairs. Agencies which have elected to acquire their own equi~nent and maintenance service under a separate contract may continue to contact FCIC to assist in troubleshooting equi~nent probl~ns when -;'hey occur. FCIC staff will troubleshoot the problem to the extent that they are able. When it is determined that an engineer is required to examine the equi~nt, the local agency will be so informed and the local agency will be responsible for coordinating repairs. FCIC will continue to assume responsibility for maintaining and troubleshooting the data circuit ~d communication device which links local agency equi~nent to the FCIC System. if there are questions, please contact the Field Services Section at 904/488- 1624. FCIC Technical Mmmorandum 91-2 Attacbnmnt 1 Maintenance Providers for Uruisys (Burroughs) Terminals and Printers Bull HN Information Symt~ns Inc. 1000 Town Center, Suite 900 Southfield, MI 48075 Diana McAtamney (313) 948-5500 Ketterman's Inc. 4406 South Florida Ave., Suite 31 Lakeland, FL 33813 Roy Ashley (8].3) 644-7268 NCR Co~/Doration 3411 W. Tharpe Street Tallahassee, FL 32303 John Harrigan (904) 576-0113 React Corporation 1240 Hamilton Court P.O. Box 2243 Menlo Park, CA Dennis Zullo (800) 227~8912 Unisys Corporation 1545 Raymond Diehl Road Tallahassee, FL 32308 Bill Martin (904) 298-5600 Universal Financial 750 S. North Lake Blvd. Suite 1020 Altamonte Springs, FL Bill Krumwiede (407) 834-6994 32701 FCiC Technical M~norandum 91-2 Attachment 2 Dealers for Unisys (Burroughs) Ccmpatible Terminals Dealer Name and Address Qualified Terminal/Printer Configurations Unisy~ Corporation 1545 Raymond Diehl Road Tallahssee, FL 32308 (904) 298-5600 Datamaxx 3000 C~nw~alth Blvd. P.O. Box 6477 Tallahassee, FL 32314 (904) 224-8213 FAX (904) 574-6940 Link Technologies, inc. 47339 Wanm Springs Blvd. Fr~nont, CA 94539 (800) 448-LINK FAX (415) 651-8808 Visentech Systems, inc. 1825 E. Plano Pkwy, Suite 160 Plano, TX 75074 (800) 248-5931 FAX (214) 423-2717 Mosier, Scott and Associates, Inc. Protocol Division 9839 Whithorn Dr. Houston, TX 77095 (713) 550-4550 FAX (713) 550-5037 Mod~s Plus 3097 Presidential Driv~ Atlanta, GA 30340 (404) 458-2232 Ten~inal - T27 Printer - AP1337 Ten~nal - 1227 Printer - AP1337 Te~ninal - MC27 Printer - Okidata Microline 320 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Water & Sewer Approved For Submittal By: city Manager ) Agenda No. ) ) Dept. of Origin: city Manager ) ) Date Submitted: 10/16/91 ) ) For Agenda Of: 10/23/91 ) ) Exhibits: ) - Hartman Letter & Contract, Dated ) 10/14/91 ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Regular City Council Meeting of October 9th, the city Council approved the rank ordering of engineering consultants for water and waste water matters and directed the staff to begin negotiations with the number one ranked firm, Hartman & Associates, Inc., of Orlando, FL. On October 11, 1991, I met with Gerald C. Hartman, P.E., to review the project, the scope of services which would be included in a professional engineering contract, and the basis and amount of fees to be charged. Since the first order of business is the "unbuckling" of the various agreements with Indian River County, I ask Mr. Hartman to structure the agreement on a notice to proceed basis. The consulting for the franchise negotiation phase would be done on an hourly rate with a maximum limit of $17,500. The fee for the other phases would be negotiated at the time and as approved by the City Council. RECOMMENDED ACTION Move to approve the contract between the City and Hartman & Associates, Inc., for professional engineering services and to direct the Mayor & City Clerk to sign the agreement in behalf of the City. ASSOCLkTES, !:N'C. engineers, hydrogeologists, scientists & management consultants October 14, 1991 HAI g01-174.00 FEDERAL EXPRESS Mr. Robert S. McClary City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Proposed Engineer's Contract Dear Mr. McClary: As a result of our discussions and negotiations on October 11, 1991, I have prepared a draft contract, scope of services, compensation and schedule, along with a revised hourly rate schedule for your and Mr. Nash's review and comment. We have reduced our hourly rates in consideration of a continuing relationship for the various phases of the project on behalf of the City of Sebastian. We have reduced my hourly rate schedule some $20.00 per hour, as well as others, in an effort to meet the fiscal limitations of the City, as well as in consideration of our continuing efforts on the City's behalf. Please fax your comments and Mr. Nash's comments to me at your earliest convenience and we will finalize the contract for consideration of the City shortly thereafter. We appreciate the opportunity to serve the City of Sebastian on this important project. Very truly yours, Hartman & Associatis, In~//~ President GCH/ch Enclosure CC: Charles I. Nash, Esquire Hal Schmidt, HA1 SOLrlItEAST BANK BUILDING · SUITE 1000o 201 EAST PINE STREET. ORLANDO, FL 32801 ,~-~ ,, ,,-x"~o,..;~/[)l/ TELEPHONE (407) 839-3955 · FAX (407) 839-3790 PRINCIPALS: JAMES E. CHRISTOPHER · CHARLES W. DILAKE · GERALD C. HARTMAN · MARK I, LUKE · MARK A. RYNNING · HAROLD E. SCHMIDT, JR. CONTRACT This CONTRACT is made and entered into this day of , 1991, by and between the CITY OF SEBASTIAN, FLORIDA, hereinafter referred to as the "CITY", and HARTMAN AND ASSOCIATES, INC., hereinafter referred to as the "CONSULTANT". PREM SE.$ WHEREAS, the City desires to have a consultant to assist the City administration with the project regarding negotiations with Indian River County, utility service and franchise matters, the acquisition of General Development Utilities, Inc., and other utility matters; and WHEREAS, the City desires to employ the Consultant in connection thereof upon the terms and conditions hereinafter set forth, and the Consultant is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services upon said terms and conditions; and WHEREAS, the City has complied with the requirements of 287.055 Florida Statutes, commonly referred to as the Consultant's Competitive Negotiations Act. NOW THEREFORE, in consideration of the mutual covenants and agreement hereinafter contained, it is agreed by law and between the parties hereto as follows: 1. SCOPE OF PROFESSIONAL SERVICES: The consultant shall diligently and in a timely manner perform professional services as requested by the City as described in Exhibit "A", Engineering Scope of Services for the Utility Franchise, General Development Utilities, Inc. Acquisition, and other projects. 2. TERM OF THE CONTRACT: Unless terminated sooner pursuant to the provisions of the "TERMINATION OF CONTRACT" clause contained in paragraph 6 herein, and subject to the availability of appropriated funds, this Contract shall take effect immediately upon its execution by both parties, and is to continue in force. 3. PAYMENT: A. The City agrees to pay the Consultant for the services described in Exhibit "A" and Exhibit "B" at the Consultant's current hourly rate as identified in Exhibit C, upon submission of documentation as to services performed, time expended, and by whom. B. The Consultant shall be reimbursed for reasonable out-of-pocket expenses. GCH/ch A-1/Seb. Agr -1- C. In the event that additional outside services are required due to unforeseen conditions, the Consultant shall: 1) Obtain a written proposal from the firm designated to render the required-services and submit said proposal to the City for written approval. 2) If the services are such that registration is required to perform them, the Consultant shall select a firm that is registered in the State of Florida. 3) If the proposal is approved in writing by the City, the Consultant shall enter into a contract with the firm for the furnishing of such services in accordance with the proposal. 4) The Consultant shall furnish two (2) copies of all reports for all such required services to the City. 5) Upon approval by the City of such reports, the City shall reimburse the Consultant for the cost of said services, which cost shall not exceed the amount of the contract. 6) Services rendered by the Consultant is in connection with the coordination of these additional services and shall be considered within the basic contract, and no additional fee will be due the Consultant. D. At the end of each four-week period, the Consultant shall submit an invoice for payment of services rendered during that month. Upon receipt of and approval by the City of Sebastian of the monthly invoice, the Consultant shall be paid within thirty (30) days. 4. CITY'S RESPONSIBILITY: The City shall: A. Furnish the Consultant with any existing data, plans, profiles, and other engineering issues on file with the City, all of which shall be and remain the property of the City and shall be returned to the City upon completion of the services to be performed by the Consultant. B. Promptly respond to requests and consider recommendations by the Consultant. 5. CITY'S DESIGNATED REPRESENTATiVE: It is understood and agreed that the City designates the City Manager or his designee to represent the City in all matters pertaining to and arising from the work and performance of this contract. 6. CHANGES iN SCOPE: The City may, from time to time, request changes in the scope of services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, shall not be binding unless mutually agreed upon by and between the City and the Consultant and incorporated in GCH/ch A-1/Seb. Agr -2- written amendments to this contract. 7. TERMINATION OF THE CONTRACT: The City shall have the right at any time upon thirty (30) days written notice to the Consultant to terminate the services of the Consultant hereunder, and, in that event, the Consultant shall cease work and shall deliver to the City all documents (including reports, surveys, plans, tracings specifications and all other data and material) prepared or obtained by the Consultant in connections with its services hereunder. The City shall upon delivery of the aforesaid documents, pay to the Consultant and the Consultant shall accept as full payment for its services hereunder a sum of money equal to: A. The fee for each authorized and completed activity, plus, less, The percentage of the work done in any authorized but uncompleted activity, C. All previous payments. 8. NON-EXCLUSIVE CONTRACT: The City reserves the right at its sole discretion to enter into contracts with other Consultants to provide similar services as those identified in Exhibit "A". 9. LIABILITY OF THE CONSULTANT: The Consultant hereby does hold the City harmless of any and all claims, actions, or suits to the extent caused by the negligence of the Consultant in the performance of professional services hereunder. 10.' INSURANCE: A. The Consultant shall procure and maintain during the life of this contract insurance approved by the City of Sebastian of the following types: 1) Worker's Compensation: For all of the Consultant's employees engaged in work on the projects under this contract. In case any employee engaged in hazardous work on the project is not protected under the Worker's Compensation Statute, the Consultant shall provide Employer's Liability Insurance for the protection of such of his employees not otherwise protected under such provisions. Coverage A - Worker's Compensation - Statutory Coverage B - Employer' s Liability - $100,000.00 2) Liability: Comprehensive General Liability Insurance including, but not limited to: a) Independent Contractor's Liability GCH/ch A-1/Seb. Agr -3- b) Contractual Liability c) Personal Injury Liability The minimum primary limits shall be no less than $500,000/$500,000 Bodily Injury Liability, and no less than $250,000 Property Damage Liability, or $500,000 Combined Single Limit Liability, or higher limits if required by the Excess Liability Insurer. The City of Sebastian shall be named additional insured. 3) Automobile Liability: Automobile Liability Insurance including all owned, hired, and non-owned automobiles. The minimum primary limits shall be no less than $500,000/$500,000 Bodily Injury Liability, and no less than $250,000 Property Damage Liability, or no less than $500,000 Combined Single Limit Liability, or higher limits if required by the Excess Liability Insurer. The City of Sebastian shall be named as additional insured. 4) Professional Liability: Professional Liability Insurance covering professional services rendered in accordance with this eorttraet ia an araouut uot le~% ttxaxx $1,000,000. B. Certificates of Insurance: The Consultant shall furnish to the City certificates of insurance allowing thirty (30) days written notice of any change, cancellation, or non-renewal. Such certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN". If the insurance policies expire during the term of this contract, a renewal certificate shall be filed with the City thirty (30) days prior to the renewal date. The City may, at its sole option, request and obtain copies of any and all actual insurance policies for review and possible rejection. 11. NEGOTIATION DATA: The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation provided in paragraph one (1) are accurate, complete, and current as of the date of negotiation. Records of costs incurred under the terms of this contract shall be maintained by the Consultant and made available to the City during the term of this contract for one (1) year after the final payment is made. Copies of these documents and records shall be furnished to the City without cost. 12. OWNERSHIP OF DOCUMENTS: It is understood and agreed that all documents, including detailed reports, plans, original tracings, specifications, and all other data, prepared or obtained by the Consultant in connection with its services hereunder shall be delivered to, and shall become the property of the City. The Consultant shall not be liable for use by the City of said documents or data if modified in any manner without written approval of the Consultant. GCH/ch A-1/Seb. Agr -4- 13. WORK COMMENCEMENT/PROGRESS/DELAYS: A. The services to be rendered by the Consultant shall be commenced subsequent to the execution of this contract and upon written notice from the City Manager, or his designated representative. B. The Consultant agrees to abide by the schedule for performance of the contracted service, with milestones for significant elements. The City will be entitled to be advised in writing, at its request, as to the status of the work being done by the Consultant and of the details thereof. C. In the event that there are delays on the pan of the City or regulatory agencies as to the approval of any of the plans, permits, and drafts of special provisions submitted by the Consultant which delay the project(s) schedule completion date, the City shall grant to the Consultant in writing an extension of the contract time equal to the aforementioned delays. The City shall be solely responsible for determination of whether any extension of contract time should be awarded the Consultant. D. The Consultant shall maintain an adequate and competent staff of professionals and may associate with other qualified firms for the purpose of rendering service hereunder, without cost to the City and upon approval by the City. The Consultant, however, shall not sublet, assign, or transfer any work under this contract without the written consent of the City. 14. STANDARDS OF CONDUCT: A. The Consultant warrants that he has not employed or retained any company, person, other than a bona fide employee working solely for the Consultant to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award of this contract. B. Consultant covenants that it or any of its employees presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any manner or degree with performance of services hereunder. C. Standards of Conduct - Conflict of Interest; The Consultant covenants and agrees that it and its employees shall be bound by the Standards of Conduct provided in Section 112.313, Florida Statutes, as it relates to work performed under this contract, which standards will by reference be made a part of this contract as though set forth in full. The Consultant agrees to incorporate the provisions of this paragraph in a subcontract into which it might enter with reference to the work to be performed. GCH/ch A-1/Seb. Agr -5- D. The City reserves the right to cancel and terminate this contract without penalty, in the event that the Consultant or any employee, servant, agent of the Consultant is indicted or has direct information issued against him for any crime arising out of or in conjunction with any work being performed by the Consultant for or on behalf of the City. It is understood and agreed that in the event of such termination fees will be paid in conjunction with paragraph six (6) hereof. The City also reserves the right to terminate and cancel this contract in the event that the Consultant shall be placed in either voluntary or involuntary bankruptcy or an assignment has been made for the benefit of creditors. E. The Consultant covenants and agrees that during the term of this Contract, that should the Consultant enter into a business relationship which could constitute a conflict of interest, the Consultant will immediately notify the City of such conflicts. 15. COMPLIANCE WITIt FEDERAL, STATE, AND LOCAL LAWS: The Consultant shall comply with all Federal, State, and Local Laws and Ordinances applicable to the work or payment for work thereof, and shall not discriminate on the ground of race, color, religion, sex, or national origin in the performance of the work under this contract. 16. ASSIGNABILITY: The Consultant shall not assign any interest in the contract, and shall not transfer any interest in same (whether by assignment or novations) without the prior written approval of the City, provided that claims for the money due, or to become due the Consultant from the City under this contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished prOmptly to the City. 17. INDEPENDENT CONTRACTOR: It is hereby mutually agreed that the Consultant is and shall remain an independent contractor and not an employee of the City. 18. CONTROLLING LAW: All questions pertaining to the validity and interpretation of this Contract shall be determined in accordance with the laws of Florida applicable to contracts made and to be performed within the State. Venue shall rest solely in Indian River County, Florida. 19. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties with respect to the subject matters. All prior agreements, representations, statements, negotiations, and undertakings are hereby superseded. Any alterations or variations of the terms of this contract shall not be valid unless made in writing and signed by the parties. If any term or provision of this Contract shall be found by a court of competent jurisdiction to be illegal or unenforceable, then, notwithstanding, the remainder of this Contract shall remain in full force and effect. GCH/ch A-1/Seb. Agr -6- IN WITNESS THEREOF, the parties have hereto caused the execution of these documents, the year and date first written above. CITY OF SEBASTIAN, Florida Attest: By: City Clerk Mayor HARTMAN & ASSOCIATES, INC. By: President APPROVED AS TO FORM AND CORRECTNESS: By: City Attorney GCH/ch A-1/Seb. Agr -7- EXItIBIT "A" HARTMAN & ASSOCIATES, INC. ENGINEERING SCOPE OF SERVICES FOR UTILITIES PROJECT GDU UTILITY FRANCHISE, COUNTY AGREEMENTS AND NEGOTIATIONS PHASE Represent the City in negotiations with Indian River County regarding utility matters. Provide engineering review of the outstanding franchise agreements with regard to negotiations with the County and/or GDU. Assist in the reverting of the GDU Franchise and all other inside the City franchising authority to the City from the County. Assist in the preparation of a City franchise granted to the County to operate within the City. Assist in the negotiations of a service area agreement for both the City and County. Assist in the negotiations of a wholesale agreement between the City and County for water and wastewater services. Assist in the Comprehensive Plan amendments showing service areas, levels of service and cooperation between City and County planning entities. GDU EVALUATION/HEARING DOCUMENTATION PHASE Service Area Analysis - Review and analyze the existing Florida Public Service Commission (FPSC) franchise area, the surrounding utility service areas, historical and projected population, existing and proposed land uses, existing and proposed comprehensive planning information, and delineate the historical and projected customer base. Review of Other Appraisals and Data - As obtained by HAI, consultants and the City, review previous appraisals and gather data from the Florida Public Service Commission (FPSC), the utility, the Florida Department of Environmental Regulation (FDER), the Water Management District (WMD) and public entities involved and GDU annual reports, audits, maps, drawings and records as necessary for the work. GCH/mg/A-S- 1/EX-A. GCH HAI #91-174.00 A-1 Water and Wastewater System Criteria - Establish levels of service provided, customer unit flow rates and flow ratios. Review design standards and criteria with respect to Comprehensive Planning requirements. Inventory and Inspection of System Assets - From data supplied, prepare a comprehensive inventory of system assets with identification of age, condition and value. Inspect major, above-ground assets to determine general condition. Review water loss records for indication of system deficiency areas. Prepare "USEPA - Table-Top" inflow and infiltration analyses and comparison with industry standards. Preparation of comprehensive listing of assets and depreciated replacement value. Preparation of comprehensive water system map and wastewater system map. Regulatory Considerations - Summarize the permitting, regulatory and general areas of authority for the FPSC, WMD, FDER, USEPA and other applicable entities. Capacity Analysis - Analyze the major components of the water and wastewater systems for the design, permitted and available capacity grouped as follows: Water System o o 0 Supply Treatment Transmission, Storage and High Service Pumping Wastewater System o Collection/Transmission o Treatment o Effluent Disposal Capacity/Customer Expansion Potential Analysis ~ Generally, evaluate the expansion potential of the major assets of the utility and provide preliminary estimates of cost for expansion. Preliminary Chapter 180.301 Information Engineer shall obtain and transmit to the Client the following: A. The most recent available income and expense statement for the utility. The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of contributions-in-aid-of- GCH/mg/A-S- 1/EX-A. GCH HAI//91-174.00 A-2 10. 11. 12. 13. construction and the accumulated depreciation thereon. A statement of the existing rate base of the utility for regulatory purposes. D. The physical condition of the utility facilities being purchased or sold. E. A typical purchase or sales terms and conditions example. The general impacts of the purchase or sale on utility customers, both positive and negative. G. A summary of any additional investments requited. The alternatives to the purchase or sale and the potential general impact on utility customers if the purchase or sale is not made. The management options available to the City to provide and maintain high-quality and cost-effective utility service. J. Preparation of hearing briefing document and hearing presentation. A summary of the advantages and disadvantages of the potential investor-owned utility acquisition. Disclosures of the findings of the activities relative to records, ownership of assets, facilities, operations, regulation, and other aspects as discovered. Recommendations based upon the above activities whether or not to proceed with system acquisition. Financial and Management Analysis Presentation of tariff schedule and company policy, standards and organization. Review and analysis of previous revenues for a five-year period. Review and analysis of previous expenses for a five-year period. Summarize operating results. Comment on management qualifications and financial status of utility. Replacement Cost Valuation - Utilizing the work and determinations previously conducted in items one through eight, prepare a comprehensive replacement valuation section documenting the replacement cost and depreciation of gravity sewers, manholes, pump stations, force mains, treatment plant, structures, inventory and assets on hand, piping, excavation, fill, site work, drainage, paving, effluent disposal facilities, miscellaneous wastewater, water services, meters, water mains and valves, hydrants, stock and equipment, treatment GCH/mg/A-S- 1/EX-A. GCH HAI #91-174.00 A-3 facilities, storage, high-service pumping, site work, water supply wells and raw water piping and miscellaneous water system Assets. Estimate the value of land and easements. Determine the value of engineering and construction-in- progress. Comment on the value of records, permits, customer service, going concern, good will and intangible assets. Document the value of customer commitments, agreements and contracts. Provide an estimate of vendor balances, accounts receivable, prorated taxes and insurance, contractual services, customer deposits and billing cycle receivables. Present organizational costs, franchise area costs and other capitalized costs. From the above, determine the replacement value of the utility. 14. Utility Pro Forma Valuation - Develop a five-year and twenty-year pro forma for system operations utilizing the anticipated customer growth rate. Incorporate the anticipated revenues, capital contributions, fees and adjustments for the utility. Estimate the operational debt retirement and capital cash outlay expenses for the utility. Provide notes for the capital costs and adjustments for operational costs. Match a method of finance with the pro forma available revenues to determine a fundable value for the utility. 15. Line Item and Rate Base Comparison with Similar Sales in Florida - Using the recent sales/evaluations to provide a ratio of rate base comparison and, to a generalized level, a line item comparison for each sale to the GDU system. 16. Franchise Contract Valuation - Utilizing the previous analyses and legal interpretations regarding the franchise agreement with GDLI; HAI will determine the cost basis for the agreement based upon sound engineering practice and unit prices valid for the area. 17. Severability Value Considerations Work with the legal and City representatives to identify, document and quantify an opinion of the added value of the GDU System if condemnation proceedings were initiated. 18. Interim Report - An interim report shall be provided, with ten (10) copies, to the Client at the conclusion of each milestone identified on Attachment "B" hereof or at such earlier time as mutually agreed. 19. Final Report - Prepare a final engineering report depicting and summarizing the work performed. Provide a recommendation/opinion of value for the assets of the utility. Reproduce ten (10) copies of the final report for the Client. GDU SYSTEM NEGOTIATIONS PHASE HAI will assist the Acquisition Team and Client in negotiations sessions or settlement activities. GCH/mg/A-S-1/EX~A. GCH HAI g91-174.00 A-4 If litigation is required, HAI will serve as technical expert witnesses for the Client. Binding or nonbinding Memorandum of Intent for Purchase and Sale of Utility assistance. Description of all necessary real property (land) with legals, maps and use for existing utility and planned operations and MAI appraisal. Review of all necessary easement, contracts, developer agreements, commitments and regulatory agreements for facilities management and operations. D. UTILITY OPERATIONS PHASE 1. Review, or amend utility ordinance, etc. 2. Final Rate and Charge Study. Vendor contracts, insurance, employee transition, job descriptions, salary rates, etc. Utility standards, utility tariff, utility budget, utility policies and procedures, standard developers agreement, forms and capacity allocation procedure. Engineer's report for debt instrument, certifications, coordination and other associated activities. E. START-UP PHASE HAI will provide the necessary management and operational services to ensure a successful transition of ownership and continuity of operations. F. GENERAL UTILITY CONSULTING SERVICES PHASE HAI will provide the necessary general utility consulting services on an as-needed basis as projects arise. G. UTILITY SYSTEM MASTER PLAN HAI will provide technical services in the preparation of a comprehensive water and wastewater system master plan. GCH/mg/A-S- 1/EX-A. GCH HAI//91-174.00 A-5 II. UTILITY SYSTEM IMPROVEMENTS HAI will provide engineering services associated with water and wastewater system capital improvements as identified in the above tasks or by the City. GCH/mg/A-S- 1/EX-A. GCH HAI #91-174.00 A-6 EXHIBIT "B" HARTMAN & ASSOCIATES, INC. COMPENSATION SCHEDULE Phase Description Ao B. C. D. E. F. G. H. Franchise Negotiations and Agreements GDU Evaluation/Hearing Documentation GDU System Negotiations Utility Operations Start-up General Utility Consulting Services Utility System Master Plan Utility System Improvements Durati0.g As Required To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Up-Set Limit $17,500 GCH/ch A-1/Seb.ExB B-1 EXHIBIT "C" HARTMAN & ASSOCIATES, INC. HOURLY RATE SCHEDULE G. C. Hartman Partners/Principals Divi:;ion Managers/Heads (Engineer VIII) Engineer VII (P.E.) Engineer VI (P.E.) Engineer V Engineer IV Engineer III Engineer I/II Senior Scientist Project Manager Senior Engineer Inspector Engineer Inspector Senior Planner/Designer Hydrogeologist Junior Hydrogeologist Staff Planner Planning Technician Computer Time Engineering Technician IV Engineering Technician III Engineering Technician II Engineering Technician I Draftsperson III Draftsperson II Draftsperson I Graphics Manager Graphics Technician Graphics Draftsperson Secretarial Support Reproduction/Courier Support Senior Accountant Accounting Support $90.00 $85.00 $75.00 $65.00 $60.00 $55.00 $50.00 $45.00 $40.00 $55.00 $55.00 $45.00 $42.00 $46.00 $46.00 $37.00 $40.00 $34.00 $32.00 $45.00 $40.00 $35.00 $30.00 $30.00 $27.50 $25.00 $45.00 $35.00 $27.50 $25.00 $21.00 $52.50 $34.00 GCH/ch A-1/Seb. AtC C-1 City of Sebastian POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 rn FAX (407) 589-5570 A~ENDA TRANSMITTAL SUBJECT: Waiver of Bidding Procedure for Computer components purchase ApproveQ For Submittal By: city Manager ) AgenQa No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda of ) ) Exhibits: ) ) ) Finance (MLH) _ __10/14/91 __10/23/91 NONE EXPENDITURE REQUIRED: $ 11,376 AMOUNT BUDGETED: $ 87,320 APPROPRIATION REQUIRED: SUMMARY STATEMENT The capital improvements fund contains $ 87,320 for the upgrade and purchase of computer hardware and software for the City and the Finance Department. The following items are components of the overall computer upgrade and are needed immediately as they can operated independently of the mainframe computer: (2) IBM PS/2 400 045 Systems (1) IBM Color VGA 12" Display (1) IBM Color VGA 14" Display (2) IBM Internal 5.25" 1.2 MB drives (1) IBM DOS 5.0 operating systems (1) Hewlett Packard Laserjet III (1) Hewlett Packard Paintjet XL (1) Microsoft Windows and Mouse (1) Harvard Graphics 3.0 Software 5,100 575 450 450 150 1,675 1,921 185 595 Total $ 11,376 Microage (Melbourne) has a GSA pricing for state and local governments and, pursuant to city code section 2-64 (j), "The City Council may waive or modify the bidding procedure on specific contracts for good cause." RECOMMENDED ACTION Grant a waiver of bidding procedure and authorize the purchase of the computer components from Microage as specified above.