HomeMy WebLinkAbout06252003 REGULARHOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 25, 2003 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
The Mayor called the Regular City Council meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
A moment of silence was held.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice-Mayor Raymond Coniglio
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Nathan McCollum
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Building Director, George Bonacci
Chief Building Inspector, Richard Schofield
Zoning Technician, Dorri Bosworth
Police Chief, James Davis
Public Works Director, Terry Hill
Parks Supervisor, Chris McCarthy
Regular City Council Meeting
June 25, 2003
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14)
The City Manager said, for the record, there is additional background information for the
Patterson-Bach agreement. (See attached as distributed.)
Mr. McCollum asked to add discussion regarding publishing the agenda in the newspaper. The
Mayor said he had intended to bring it up under his matters. The item instead was placed under
old business by consensus.
6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS
03.133
I-2
Announcement of Deputy City Clerk's Certification
Mayor Barnes presented Jeanette Williams, Deputy City Clerk, with her Municipal Clerk
Certification from the International Institute of Municipal Clerks.
03.134
B. Pride in Sebastian Award to Mr. & Mrs. Willard Siebert, 1013 Indian River Drive3
Mayor Barnes read the certificate, however, the Sieberts were unable to attend.
03.134
3
Pride in Sebastian Award to MGB Construction, Inc. for 1013 Indian River Drive
Mayor Barnes read and presented the award to Mrs. Balou of MGB Construction, Inc.
03.135
4
03.135
4
03.136
Pride in Sebastian Award to Wisner Controls1 1204 Main Street
Mayor Barnes read and presented the award to Rick Wisner.
Pride in Sebastian Award to Capp Custom Builders, Inc. for 1204 Main Street
Mayor Barnes read and presented the award to Mickey Capp.
Presentation by the Building Official George Bonacci and Chief Building Inspector
Richard Schofield Regarding the Condition of the Historic Sebastian Train Station
as Offered to the City of Sebastian by the Florida Inland Navigation District (no backup)
The Building Director and Chief Building Inspector presented a videotape of the station,
and said he had contacted several builders, had a response and visited the site with
Capp Custom Builders. He reported that Jack Regan, Complete Electric, Capp Custom
Builders, will perform work at no charge to the City. Hank Fischer said he will clear the
land to move the building. He said moving the building will cost $20,000 for a total cost
of $22,000 to $24,000 total.
2
Regular City Council Meeting
June 25, 2003
Page Three
=
5-8
9-20
03.137
21-24
03.138
25-26
03.139
27-38
03.140
39-50
The City Manager reported that there are FIND grants available for this. Mayor Barnes
suggested it could go near the Historical Society building. Mr. Coniglio suggested
directing the City Manager to look into negotiating the property where it originally stood,
which he said is currently available from FECRR. The City Manager said he would
notify FIND that the City is interested in the structure and obtaining funding.
It was the consensus of Council to direct the City Manager to move forward to seek
funding and various locations and report back to Council.
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon
separately.
A. Approval of Workshop Minutes - 6/11/03
Approval of Regular Meeting Minutes - 6/11/03
Approval of 4th Annual Fine Arts and Music Festival at Riverview Park on
December 12, 13 & 14, 2003; Approve the Following Road Closures from
12:00 p.m. Friday, December 12th, 2003 until 8:00 p.m. Sunday,
December 14, 2003:
Indian River Drive from Coolidge Street south to the southern City limits,
Sebastian Blvd. from just east of Hess Station to Indian River Drive,
Harrison Street from just east of Dry Cleaners east to Indian River Drive
Approval of Beer/Wine Sales and Consumption East of Indian River Drive
From Harrison Street South to the Southern City Limit (Public Works
Transmittal 6/18/03, Letter)
Do
Authorize Purchase of Toro 72 Inch 27HP Zero Turn Mower from All County
Mower for State Contract #515-630-00-1 Price of $7,344.35 (Public Works
Transmittal 6/18/03, Quote)
Approve Contract Agreement with Camp, Dresser & McKee in the Amount
of $24,900 for Performing Work Regarding Primary Canal System to Wet
Detention Facility in Accordance with City's Master Stormwater Management
Plan and Appropriate Funds for Same from the Unencumbered General Fund
(Engineering Transmittal 6/16/03, Agreement)
Approve Contract Agreement with Camp, Dresser & McKee in the Amount
of $10,160 for Grant Funding Assistance in Form of Documentation and
Supporting Information Required for EPA 319 and SJRWMD Grant Applications
In Accordance with City's Master Stormwater Plan and Appropriate Funds for
Same from the Stormwater Utility Fund (Engineering Transmittal 6/16/03,
Agreement)
3
Regular City Council Meeting
June 25, 2003
Page Four
03.141 G.
51-62
03.130 H.
03.142 I.
73-74
Approve Contract Agreement with Camp, Dresser & McKee in the Amount
of $14,840 for Providing Public Education Non-Structural Improvements in
Accordance with Request from SJRWMD and City's Master Stormwater
Management Plan and Appropriate Funds for Same from Stormwater
Operating Accounts (Engineering Transmittal 6/16/03, Agreement)
Approve Marketing Consultant Contract with Patterson-Bach for Marketing
Services for the City of Sebastian In An Amount Not to Exceed $50,000
(City Manager Transmittal 6/18/03, Agreement)
Authorize the City Manager to Travel to Charlotte, North Carolina to Attend the
ICMA 89th Annual Conference on September 21-24, 2003 (City Manager
Transmittal 6/19/03)
Mr. McCollum removed item C. Mr. Hill removed E, F, and G.
MOTION by Barczyk/Coniglio
"1 move to approve item A, B, D, H and I."
Mayor Barnes - aye
Mr. Coniglio - aye
Mr. Barczyk - aye
Mr. Hill - aye
Mr. McCollum - aye
Roll Call carried 5-0
Item C
Mr. McCollum requested that item C be postponed until after the July 9, 2003 workshop on park
use provisions. Mayor Barnes suggested that the item could be approved and then amended at
a later date if necessary.
Beth Mitchell, Chamber of Commerce, addressed City Council on behalf of Lisanne Monier.
She advised that there is a five-year contract with the City for this festival.
MOTION by McCollum/Hill
"1 will move we approve item C of the consent agenda with the knowledge that any
changes we discuss at the Riverview Park workshop, if there is any changes that affect us,
they'll be incorporated."
4
Regular City Council Meeting
June 25, 2002
Page Five
Mr. Coniglio - aye
Mr. Barczyk - aye
Mr. Hill - aye
Mr. McCollum - aye
Mayor Barnes - aye
Roll Call carried 5-0
Items E, F and G
Mr. Hill inquired why the contracts for these "stormwater" projects are not all being funded by
stormwater utility fund, and the City Attorney explained that 20% of the fund is used for
maintenance and administrative; 80% can only be used for capital improvements, so non-
structural improvements not in the master plan cannot be paid from this fund. The City Attorney
further explained that the canal restructuring will increase the stormwater holding capacity
satisfying SJRWMD so the City can proceed with Miami curbing, which was addressed at the
end of the master plan process.
MOTION by Hill/Coniglio
"1 would move approval of E, F and G of the consent agenda."
Mr. Barczyk - aye
Mr. Hill - aye
Mr. McCollum - aye
Mayor Barnes - aye
Mr. Coniglio - aye
Roll Call carried 5-0
8. COMMITTEE REPORTS/RECOMMENDATIONS - none.
Regular City Council Meeting
June 26, 2003
Page 6
9. PUBLIC HEARING
03.041 A.
75-108
Second Readin.q and Public Hearinq of Ordinance No. O-03-12- Grantin.q Exclusive
Franchise for Residential and Commercial Solid Waste Collection to Waste
Mana.qement, Inc. (City Attorney Transmittal 6/19/03, O-03-12, ad)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR
RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING
FOR CONFLICTS AND EFFECTIVE DATE.
Mayor Barnes opened the public hearing and the City Attorney read the ordinance title and
noted minor revisions as distributed prior to the meeting (see revised pages attached).
George Geletko, Waste Management, Inc. said his company appreciates the opportunity to
provide service to the City and to the citizens of Sebastian. He said after six months they will do
self-assessment surveys.
City Council commended Waste Management for free service it has offered during City
functions and the service that they are providing to the citizens of Sebastian.
Mr. McCollum requested that Mr. Majcher's name be stricken from the agenda and replaced
with his on the ordinance.
Side II, Tape I, 8:02 p.m.
He further recommended revisions as follows (old agreement):
Page 16 - Stated City should be where County is referenced.
Page 19 - Confirmed that disaster services would be coordinated with
already contracted company.
Page 22 - Confirmed the City Manager would approve scheduling
changes.
Page 23 -Confirmed that the City would be notified of bankruptcy
proceedings should they occur.
The City Attorney clarified section 3 of the ordinance, which is in accordance with state law.
Staff recommended approval. The City Attorney responded to questions from Mr. Barczyk
regarding builder's waste containers and gated communities.
Being no public input, Mayor Barnes closed the hearing at 8:10 p.m.
MOTION by Coniglio/Barczyk
"1 move to adopt Ordinance O-03-12, as amended."
Regular City Council Meeting
June 25, 2003
Page Seven
Mr. McCollum - aye
Mayor Barnes - aye
Mr. Coniglio - aye
Mr. Barczyk - aye
Mr. Hill - aye
Roll Call carried 5-0
10.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit of ten minutes for each speaker
03.129
109-110
Linda DeSantis requested that the agenda be placed back in the newspaper.
A. Letter from C. Kennon Hendrix Re.qardin.q 4th of July Street Closin.qs
Ken Hendrix, attorney from Vero Beach, on behalf of Flagship Marina, requested an opportunity
to discuss the closing of Indian River Drive during the 4th of July festivity and other events. He
said his client owns a restaurant to the north and although he has access to the north, he is
affected by the closing of the road for the whole day and requested that the road only be closed
during the morning and fireworks activity.
The Public Works Director and Police Chief responded to inquiries from Council relative to
safety issues involved in closing the road. The Chief said he has not seen first hand what
happens on the road during the mid-day but his staff tells him it would be unsafe to open the
road.
Mr. Coniglio said there is a contract with the Lions Club to put on this event.
Baxter Coston, Sebastian, exhibited various ads and cited the importance of advertising in the
local newspaper and asked that Council reconsider publishing the agenda in the newspaper.
Elizabeth Shriver, expressed concern for the mosquito problem adjacent to Schumann Lake.
The City Manager said he planned to schedule a meeting with Mosquito Control and will present
them with her concerns. Mr. McCollum said he can call and they will come out right away.
Rex Clifford urged Council to publish agendas in the newspaper.
Mayor Barnes called recess at 8:45 p.m. and reconvened the meeting at 8:54 p.m. All members
were present.
Regular City Council Meeting
June 25, 2003
Page Eight
03.132
03.007
11. OLD BUSINESS
12.
13.
14.
A. Request to Advertise A,qendas in Newspaper (add durin,q a,qenda modifications)
The City Attorney said the Press Journal response to his inquiry about publishing the agenda for
free was that their reporters perform a public service by covering those items in articles that
really matter.
City Council discussion followed: Mr. Hill said he was not unopposed to publishing; Mr.
McCollum said he was in favor of putting the agenda back in the newspaper; Mayor Barnes said
more people get cable than get the newspaper in Sebastian, that the City only got two calls
when the agendas stopped and only a few more recently and did not see any reason to put it
back in; Mr. Coniglio said it is not a cost issue to him but the effect of it and wondered if more
people come to council meetings; and Mr. Barczyk said anything is worth a chance if it
increases awareness and suggested to try it for six months and see if we can pack the house.
MOTION by McCollum/Hill
"1 would like to make a motion we reconvene the printing of the agenda for the city
council meetings beginning with July 9th meeting in the regular font and I suggest we print the
entire agenda."
Mayor Barnes - nay
Mr. Coniglio - nay
Mr. Barczyk - aye
Mr. Hill - aye
Mr. McCollum - aye
Roll Call carried 3-2
NEW BUSINESS - None
CITY A'I-FORNEY MA'I'rERS
Reported on the Capital Sanitation case.
Requested to attend the FMAA Conference from on July 9-13. Council consensus was
to approve.
CITY MANAGER MA'I-FERS
A. Riverview Park Twin Pier Construction and Shoreline Restoration Pro,qram (no backup)
The City Manager updated Council on the twin pier construction which the original permits
dictate modifications which were bid out but not successfully returned. He hoped to return to
the July 23rd meeting with an award recommendation.
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Regular City Council Meeting
June 25, 2003
Page Nine
03.142 B. Report Relative to Vacant Lot Clean Up Efforts-Via Code Enforcement and/or
Partnership with Keep Indian River Beautiful (no backup)
The City Manager distributed a memo from Chief Davis (see attached), outlining Code
Enforcement's efforts to alleviate the dumping of trash on vacant properties in the City.
Other Matters
He reported that the controlled burning requested for the Stormwater Passive Park did not turn
out to be feasible so the land will just be cleared with heavy equipment. He further stated the
approved Laurel Home burn will be done in small increments.
Reported that the Wabasso Church use of Riverview Park for a flea market was cancelled.
15. CITY CLERK MA'I-FERS
The City Clerk reported on a meeting with MIS Division today which resulted in the ability to
place full agenda packets in PDF format on the City's website starting in July, which can be
obtained by anyone who has Acrobat Reader on their computer.
16. CITY COUNCIL MATTERS
A. Mr. Coni.qlio
Asked if it was appropriate for contractors who are building City Hall to give a price for the Boys
and Girls Club while they are making site plans and the City Manager said he will address this
with the contractor, and report back on July 9th.
Discussed the letter from FDOT regarding the Noise and Flight Training Assessment Working
Group and requested that Bob Denton's name be submitted for membership on the committee.
B. Mr. Barczyk
Reported that Mr. Denton was appointed to the group and Scott Baker from Velocity was
appointed the alternate.
Reported the signs in Riverview Park and Barber Street Sports Complex for Hibiscus Children's
Home are hard to read and recommend they either be removed or replaced. The City Manager
said the signs were posted at the direction of Council in 2000 and can be removed if it is the
pleasure of Council.
Inquired when are armadillo ditches that were dug on Barber from Periwinkle to Laconia going
to be finished. The Stormwater Engineer said they were dug as an effort to open up the ditches
and get water moving and that City staff is working its way back there.
9
Expressed concerns about speeding and people running stop signs on Periwinkle and Laconia.
Regular City Council Meeting
June 25,2003
Page Ten
Chief Davis said people are speeding all over the City. Mr. Barczyk asked if volunteers can be
used to run radar.
C. Mr. McCollum
Asked the City Manager for a monthly report on the performance bond from Capital. The City
Manager said he had received an invoice from Waste Management and he asked the Clerk to
place a report under City Manager Matters for July 9th agenda.
Encouraged colleagues to submit Charter evaluations.
D. Mayor Barnes
Said it had been suggested that Vets be contacted to be in the 4th of July parade and asked if
anyone had contacted them. Mr. Barczyk said he called the Lions Club today to find out how
Council is riding and that the Lions Club did not know anything about vets in the parade.
The City Manager said he had met with the Lions Club and they thought having the Vets was a
good idea. He suggested that the Public Works Director should contact the Clerks office to
obtain the names of recipients of certificates from the City.
Mr. McCollum said Indian River County approved funding for the 4th event.
The City Manager said arrangements are being made for Council rides in the parade, i.e., in a
boat, golf carts recognizing different branches of the armed services, or antique cars for which
there has not been a commitment as yet. He said he will address this in his Friday newsletter.
E. Mr. Hill
None,
17. Being no further business, the Mayor adjourned the Regular City Council Meeting at 9:38 p.m.
Approved at the July 9th, 2003 Regular City Council Meeting.
Walter W. Barnes, Mayor
ATT(F-~:
?_ Sa'~iI~'A. Ma~, CiViC,-City Clerk
10
City of Sebastian
Sebastian, Florida
MAR-COM Plan
Proposal
Patterson/Bach Communications will, with guidance and input from City of Sebastian senior
staff, develop an integrated marketing communications (MAR-COM) plan that includes a MAR-
COM strategy, a tactical plan, a timeline and budget for the City of Sebastian, Sebastian, Florida.
The plan will include a review of the marketing objectives, an overview of the competitive
threats, a strengths/weaknesses/threats/opportunity exercise, review of the target audience
demographics, MAR-COM goals, MAR-COM strategy, media strategy, creative strategy,
implementation schedule and a budget.
Elements of the Marketing Strateg~
In order to develop an effective MAR-COM plan, it is recommended that the process is launched
with an in-depth strategy session. The session should involve the key players of the City of
Sebastian for an input session where everything from the company's strengths, weaknesses,
opportunities, threats are discussed along with an analysis of the target audience and an
agreement as to the specific objectives the MAR-COM are to accomplish. After this critical
information-gathering session is complete, the marketing strategy can be developed.
The marketing strategy will outline the following:
· Reconfirm marketing objectives and goals.
(As per our initial meeting, increase of taxable value of 80 million,
and 500 to 1,000 new jobs; and promote development of the corporate park, other business
opportunities and aviation airport issues).
· Profiles of target audience(s).
Overall points of difference - what sets the product apart from the competition
Messaging / Positioning strategy - what is the clear, concise, compelling message that should
be communicated throughout all of the City's MAR-COM materials
Tactical Plan
The tactical plan will outline the specific MAR-COM tools that are recommended to achieve the
stated objectives. Below is an outline of the MAR-COM tools that Patterson/Bach may
recommend to the City of Sebastian, and a brief description of their purposes and relevancy.
Advertising
The objective of advertising is to build industry awareness and generate ongoing name
recognition. Niche opportunities will be evaluated and media placement recommendations will
be made, including online marketing opporUmities.
Public Relations Activities
The objective of public relations is to build credibility through favorable, ongoing press
coverage, while enhancing the City of Sebastian's positive image as viewed by the target
audiences.
Collateral / Sales Support Materials
The objective of collateral/sales support material is to provide more in-depth explanation of the
City of Sebastian, and its products, and to reinforce its image through consistent messaging.
Patterson/Bach will evaluate the City's current collatera/and sales support materials and make
recommendations based upon the perceived image that these materials reflect.
Direct Mail
The purpose of direct mail is to generate sales leads and qualify prospects. Opportunities for
highly targeted direct mail campaigns will be identified.
Web Site / New Media
The objective of the Web site is to inform, educate, capture sales leads and reinforce corporate
messaging. It should also be noted that the design or 'look' of the Web site should be consistent
with aH other MAR-COM materials to maintain branding consistency. An essential element of
the City's Web site should be an online marketing strategy such as search engine placement and
optimization.
Implementation
Upon completion and acceptance of the MAR-COM Plan Patterson/Bach Communications, Inc.
will begin the process of implementing the plan. A major part of the MAR-COM plan will be
public relations.
Public Relations
Summary Overview
Innovative and effective public relations strategies are key components of successful integrated
MAR-COM programs. Patterson/Bach Communications would develop and oversee an overall
communication strategy for The City of Sebastian. The agency offers complete pubhc relations
planning, implementation and evaluation services.
The communications plan is designed to produce measurable changes in people's attitudes, top-
of-mind awareness and even preference. As marketing/communications influences mind-share, it
sets the stage for increasing market share.
Public Relations
Patterson/Bach will develop and execute a public relations strategy for The City of Sebastian by
developing key messages, positioning the advantages of new business growth opportunities. The
agency will create all press documentation, including press releases, feature articles and case
studies; prepare and distribute press kits and all press material to key media and influentials; and
build strategies and manage community relations campaigns.
Media Relations
For media relations, the agency researches, develops and coordinates story placement with
appropriate outlets, editors, and influentials with proactive editorial pitching to local, regional
and national media, as well as industry trade media. Patterson/Bach works with the various
media on an ongoing basis to take advantage of any special/beneficial programming,
promotional activities or feature stories pertinent to development of the corporate park, other
business opportunities, and aviation airport issues. We continually review and/or seek out
additional public relations opportunities
Community Relations
The agency will coordinate the highly detailed process of planning and executing public events,
promotions and sponsorships. Patterson/Bach recommends creating a strategic plan for each
event, which details all steps needed to bring the event together in terms of budget, theme,
promotion collateral materials, staffing and support.
Crisis Communications
The agency will identify communication issues or concerns and develop key messages
positioning the advantages of new business ~owth opportunities and prepare stand-by
statements and talking points.
Sebastian Police Department
1201 Main Street
Sebastim~, Florida, 32958
772-589-5233 Fax 772-388 1872 e-mail spd@cityofsebastian, org
James Davis, Chief of Police
DATE · June 25, 2003
TO · T errence Moore, City Manager
FROM · James A Davis, Chief of Police
REF · Dumping
At the City Council Meeting of June 11tl~, a question was raised about
dumping at the old Cornerstone properties. The issue of trash being
dumped at this location, as well as on vacant lots throughout the City
and what was being done to curtail this activity, was assigned to the
Code Enforcement Unit.
Code Enforcement Officer Warren Lindquist, who is very familiar with
trash and debris dumping supplied some documentation dating back to
1999. The documents indicate that trash has been accumulating at the
Cornerstone properties for a number of years and that a clean-up, which
is the responsibility of the property owner, was made difficult due to the
property ownership being in litigation.
After the property changed ownership in the year 2000, the new owner
did clean up the property. However, trash has once again resumed
accumulation at the site. We will address the cleanup of the current
accumulation of trash, with the property owner through the code
enforcement process. The new owner of the property, Kevin Hawkins,
of the St Lucie Development Corporation has expressed a strong desire
to prevent further dumping at this location by posting the property with
"No Dumping" signs and/or the placement of fencing.
Mr. Hawkins intends to develop this property in the near future.
Code Enforcement and the Police Department have been unsuccessful in
identifying those who have left trash/debris at this location. The
location of the property, being somewhat remote, lends itself to being a
target of people who wish to dispose of unwanted appliances, carpeting
and furniture as well as yard debris.
It has been our experience that once an area begins to be utilized as a
dumping ground, the problem usually gets worse. ! believe signage and
fencing or road obstructions will help in deterring some of the dumping.
We need to encourage citizens to call us when they see or suspect
someone is dumping in the area.
Other vacant lots in the City are in pretty good shape. Some neighbors
deposit yard debris and grass clippings on them and are dealt with on
complaints by other neighbors. Any accumulation of trash on vacant
lots in the neighborhoods will be cleaned up through the code
enforcement process.
We have received less than 50 dumping complaints since the year 2000.
There has been some mention of involving "Keep Indian River
Beautiful" in the clean up of trash from private property (vacant lots).
At this time, I do not believe that to be necessary and I would be
concerned about legal issues in this regard.
I hope this memo answers the question adequately, if not, please give
me a call.
ORDINANCE NO. O-03-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
GRANTING AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND
COMMERCIAL SOLID WASTE COLLECTION TO WASTE
MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION;
PROVIDING FOR SUNSET OF EXISTING COMMERCIAL
PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the existing residential solid waste collection as approved under Ordinance
0-98-09 expires on June 30, 2003; and
WHEREAS, the Council has determined that it is in the best interest of the public that a
single provider have an exclusive franchise for both residential and commercial solid waste
collection; and
WHEREAS, pursuant to a competitive proposal process it has been determined that the
public will best be served by granting said franchise to Waste Management, Inc. of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, as follows:
Section 1. Waste Management, Inc. of Florida, is hereby granted an exclusive
franchise to provide residential and commercial solid waste within the City of Sebastian pursuant
to the provisions of the FP,,ANCHISE AGREEMENT BETWEEN CITY OF SEBASTIAN AND
WASTE MANAGEMENT, INC. OF FLORIDA attached hereto.
Section 2. It shall be a violation of the City Code, punishable as provided in City
Code section 1-10, for any person or entity to provide solid waste collection within the City
except in accordance with the terms and conditions of the Franchise granted hereunder. Service
standards and franchise fee requirements shall apply to providers continuing service in
accordance with state law under pre-existing contracts.
Section 3. City staff is directed to invoke the procedures provided under Florida
Statutes to sunset the existing contractual rights of any person or other entity otherwise providing
Commercial Solid Waste within the City as of the effective date of this Ordinance. Any person
or other entity providing such service must submit copies of all such contracts to the Office of
This Franchise Agreement ("Agreement") is hereby made and entered into this
day of June, 2003, between CITY OF SEBASTIAN, FLORIDA, ("City") and Waste
Management Inc. of Florida, a Florida corporation, whose address is 2700 NW 48th
Street, Pompano Beach, FL 33073 ("Franchisee").
WITNESSETH
WHEREAS, the City desires to engage Franchisee to perform certain solid waste
and recycling services with the boundaries of the City; and
WHEREAS, Franchisee desires to perform such services pursuant to the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City and the Franchisee agree as follows:
Article 1. Background Recitals
1.0. The recitals set forth above are true and correct and form a material part of this
Agreement.
Article 2. Term of the Agreement
2.0. The term of this Agreement shall be for a period of five (5) years, which shall begin
July 1, 2003. This Agreement shall automatically renew for an additional term ending
June 30, 2013, unless either party shall notify the other to the contrary in writing
pursuant to Sec. 16.11 not later than July 1, 2007.
Article 3. Definitions and Interpretations
3.0. General. To the extent that any definition contained herein conflicts with any similar
definition contained in any federal, state, or local law, the definition herein shall prevail.
However, nothing contained herein shall be interpreted to require the Franchisee to
undertake any conduct that is prohibited by Applicable Law. Whenever the context may
require, any pronoun which is used in this Agreement shall include the corresponding
masculine, feminine and neuter forms and the singular shall include the plural and vice
versa.
2
or New Year's Day, unless necessary to respond to an Uncontrollable Force.
Residential Solid Waste does not need to be Collected by the Franchisee on any
holiday when the County Landfill is closed. If Residential Solid Waste Collection
Service is scheduled to be provided on a holiday, the Franchisee shall collect the
Residential Solid Waste on the Wednesd=a..y.. followip...g such holid_a_.~., if it occurs on a
...M.~.n...~_..ay. or Tue.s..~..a`y~....~...r..~.~`~i~;."~}~~.~~.~.~-....~..~y
8.2 Frequency of Residential Solid Waste Collection Service--Garbaqe and Trash. At
least two (2) times each week, the Franchisee shall Collect Garbage and Trash from those
Customers that requested Residential Solid Waste Collection Service. The Collections of
Garbage and Trash shall be at least three (3) days apart.
8.3. Frequency of Service--Yard Trash. Yard Trash shall be collected from Residential
Units receiving Residential Solid Waste Collection Service at least one (1) time per week.
Yard Trash shall not be commingled with Garbage.
8.4. Frequency of Service-Bulk Trash. The Franchisee shall collect all Bulk Trash and
Freon-Containing Devices placed at the Curbside Collection Point within four (4)
calendar days after receiving a Customer's request to Collect such materials. There
shall be no additional charge to the Customer or the City for Collecting Bulk Trash.
Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash
to an alternative location within the County for processing.
8.5. Obli,qations Of Franchisee To Residential Customers - General. For Residential
Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the
paved surface of a public roadway, the closest accessible public right-of-way, or other
location agreed to by the Franchisee and Customer that provides safe and efficient access
for the Collection crew and vehicle. If a Customer is physically unable to deliver their
Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the
Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative
location shall be designated by the Customer and Franchisee, at no extra cost to the
Customer.
8.5.1. Yard Trash Obliqations. All Yard Trash, except palm fronds, must be bundled,
bagged in a biodegradable bag, or containerized by Customer. All Yard Trash must be:
separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and
no more than three (3) inches in diameter; less than fifty (50) pounds; shall not exceed four
(4) cubic yards per collection and shall be placed neatly at the Curbside Collection Point
by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the
sections of the tree are not more than eight (8) feet in length or more than fifty (50)
pounds. The Franchisee shall not co-mingle Yard Trash and other types of Solid Waste in
the Franchisee's Collection vehicles.
8.5.2. Bulk Trash Obliqations. Bulk trash shall not be commingled with Yard Trash. A
Customer's Bulk Trash may not be collected if determined by the Contract Manager and
the Franchisee, in writing, to be incompatible either with the Franchisee's collection
10
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
JUNE 25, 2003 REGULAR MEETING
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS
NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10
MINUTES PER SPEAKER
If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will
call for public input prior to Council deliberation on each agenda item. Please raise your hand when he
calls for input.
.sweatiest:
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New Subject:
Name:
New Subject.
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New Subject:
Name:
New Subject:
Name:
New Subject:
03.041
PUBLIC HEARING SIGN-UP SHEET
Second Reading and Public Hearing of Ordinance No. O-03-12 - Granting
Exclusive Franchise for Residential and Commercial Solid Waste Collection to
Waste Management, Inc.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN
EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID
WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING
PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING
COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE
DATE.
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