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HomeMy WebLinkAbout11132002CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 13, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFF/CE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit of ten minutes per speaker (R-gg-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Father Morrissey, St. Sebastian Catholic Church 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wri~en agenda ma}' be added only upon a majority vote of City Council members (R-99.21) SPECIAL HEARING FY 2002~2003 MILLAGEIBUDGET 02.130 1-10 Resolution No. R-02-48 - Adoption of Millage Rate for Calendar Year 2002 (Finance Transmittal 11/5/02, R-02-48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADQPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2002 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 02.130 11-18 02.236 19-24 02.144 25-26 27-38 02.234 39-44 02.237 45-46 02.238 47-50 Resolution No. R-02-49 - Adoption of Budg.gt for Fiscal Year 2002/2003.(.Finance Transmittal 11/5/02 R-02~49 Schedule A__) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. _PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Sebastian Police Department K-9 Introduction B. Employee of the Quarter C. Certificate of Appreciation to Sheri Reichert for Planning and Zoning Commission Service D. Update regarding Attachment of Cleats to Palm Trees at Captain Hiram's Sandbar (GMD Transmittal 11/6/02, Letters) E. Update Regarding Rear Parapet Wall at Sebastian Retail Shoppes (GMD Transmittal 11/6/02) 7. CONSENT AGENDA All items on the consent agenda are considered reufine and wifl be enacted by one mofion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the/tern will be removed and acted upon separately. A. Approval of Minutes - 10/23/02 Regular Meeting Approve Kimley-Horn as Design Consultant for CR512 Alleyway (City Manager 11/7/02, Proposal) Authorize the Appropriation of $44.00 and Award a Contract to Design, Fabricate and Install Columbariums to Koppenberg Enterprises, Inc. in the Amount of $40,300.00 and Authorize Staff to Execute an Agreement for Same (Public Works Transmittal 11/4/02, Bid Tab) Waive Formal Bidding Process and Award Contract to Curt Oxford Woodcarver, Inc. for Community Center and Yacht Club Signs in the Amount of $9,700.00 (PW Transmittal 11/6/02, Proposal) 02.239 51-52 02.240 53-54 02.241 55-60 02.242 61-64 02.243 65-66 02.244 67-76 02.245 77-88 02.246 89-1 O4 For Santa Sail In, Approve Closing of Indian River Drive and City Dock & Ramp at Yacht Club from 4:00 pm to 9 pm on Saturday, December 7th and Direct Staff to Arrange for Traffic and Crowd Control, Also Use of Electricity (PW Transmittal 10/30/02, Letter) For Fine Arts Festival, Approve Closing of Indian River Drive and Sebastian Blvd. From 11:00 am on December 13 thru 8:00 pm on December 15 and Direct Staff to Arrange for Traffic and Crowd Control; Also Approve Use of Electricity and A/B Service (PW Transmittal 10/30/02) Authorize the City Manager to Enter into a 2002-2003 Annual Lease Continuance Agreement with Clark Sales Display, Inc. for Holiday Displays Totaling $14,068.00 (City Manager Transmittal 10/24/02, Proposal) Authorize the Acceptance of the Local Law Enforcement Block Grant in the Amount of $10,000 and Fund the Grant Match in the Amount of $1,112.00 from the Law Enforcement Forfeiture Fund (PD Transmittal, 11/5/02, Attachments) Authorize the Trade-in of the 2002 Harley Davidson Motorcycle for 2003 Motorcycle at No Cost from Ft. Lauderdale Harley Davidson (PD Transmittal 11/6/02) Authorize the Purchase of four 2003 Ford Crown Victorias from Duval Ford at a Total Cost of $92,000.00 in Accordance with Florida Sheriff's Association Bid Award (PD Transmittal 11/7/02, Bid) Authorize the City Manager to Execute an Agreement Between the City of Sebastian And Kirkpatdck Pettis for Financial Consultancy Services (Finance Transmittal 11/6/02, Agreement) Resolution No. R-02-51 Vacation of Easement - Smith - Lots 8 & 9, Block 150, Sebastian Highlands Unit 5 (R-02-51, site map, staff report, application, utility letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 AND 9, BLOCK 150, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 02.071 105-106 02.231 107-114 02.116 115-122 02.124 123-128 PUBLIC HEARING Procedures for public hearings (R-gg-21) · Mayoropens headng · Attorney reads Ordinance or Resolution · Staffpresentetion · Public input- Limit of ten minutes per speaker · Steffsummation · Meyorcloses hearing · Council action Anyone wishing to speak is askeri lo sign up before the meeting, when ca#ed go to the podium and state his or her name for the record First Public Hearing on Florida Department of Community Affairs Small Cities Community Development Block Grant (CDBG) for Louisiana Avenue - Second Public Hearing 12/11/02 (City Manager Transmittal, PH Ad) Second Reading and Public Hearing Ordinance No. O-02-15 - Change in Administration to Parks and Recreation Program (City Clerk Transmittal 10/17/02, O-02-15, Legal Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING ARTICLE 1, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing Ordinance No. O-02-16 - Cemetery Rules and Regulations (City Clerk Transmittal 10/15/02, O-02-16, Legal Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY RULES AND REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing Ordinance No. O-02-17 - Solid Waste Referendum (GSA Transmittal 10/17/02, O-02-17, Legal Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. AMENDING CITY CODE SECTION 86-26 SOLID WASTE; COLLECTION AND DISPOSAL GENERALLY; SERVICE BY THE CITY TO REQUIRE UNIFORM PROVISION AND BILLING FOR GARBAGE COLLECTION; PROVIDING FOR REFERENDUM; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE 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 10 minutes each speaker 02.014 129-158 11. 02.124 159-170 12. 02.069 171-172 02.005 173-204 02.247 205-210 02.248 211-212 13. 14. 15. 10. .COMMITTEE REPORTS/RECOMMENDATIONS A. Plannin.q and Zonin.q Commission Interview, Unless Waived and Appoint Regular Member Position to Unexpired Term (City Clerk Transmittal 11/7/02, Applications, Ad, Members) OLD BUSINESS Approve Selection Process for Solid Waste Collection Services (City Manager Transmittal 11/13/02, Guidelines) NEW BUSINESS A. Runway 9-27/Relocation Project (Airport Transmittal 11/7/02) First Reading Ordinance No. 0-02-18 - Implementing a Telecommunication Regulatory Ordinance - Schedule Public Hearing for 12/11/02 (GMD Transmittal 11/7/02, O-02-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXlll STANDARDS FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. First Reading Ordinance No. O-02-19 - Modifying the Accessory Structure Regulation Section of Land Development Code - Schedule Public Hearing 12/11/2002 (GMD Transmittal AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (RS-lO) PROVIDING SECONDARY FRONT YARD SETBACKS AND SECTION 54-5-22.2 DEFINITION OF TERMS: YARD, FRONT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk's Performance Evaluation (HR Transmittal, Memo) ..CITY ATTORNEY MATTERS .CITY MANAGER MATTERS .CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Coniglio B. Mayor Barnes C. Mr. Hill D. Mr, Majcher E. Mr. Barczyk 17, ADJOURN ('All meetings shell adjourn at 10:30 pm unless extended for up to one half hour by a majnrfty vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DtSABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Section 4. EFFECTIVE DATE. immediately upon its adopt/on. This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Raymond Coniglio and, upon being put The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of November, 2002. CITY OF SEBASTIAN, FLORIDA By:. Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney DE PARTME OF REVENUE Jim Zingale Executive Director General Tax Administration Child Support Enforcement Property Tax Administration Administrative Services information Services October 29, 2002 Mr. Terrence R. Moore, Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Truth in MiLlage (TRIM) Certification Dear Mr. Moore: The Department of Revenue has reviewed the millage certification documents submitted by your taxing authority, as required by sections 200.065 and 200.068, Florida Statutes. The following violations have been noted and must be corrected immediately or you will be subject to the loss of revenue sharing, and the loss of ad valorem revenues from millage in excess of the rolled-back rate. FINDINGS OF FACT The Notice of Proposed Tax Increase Advertisement was not one- quarter page, as required by s. 200.065(3), F.S. CONCLUSIONS OF LAW Failure to publish at least a one quarter page advertisement for the Notice of Proposed Tax Increase is a violation of s. 200.065(3), F.S., and Rule 12D-17.005(2)(c)2., F.A.C. Tallahassee, Florida 32399-0100 HO.fi~ O1~ P~LICA~ ISLAND City of Sebastian, Florida Subject: Resolution No. R-02-48 Adoption of Millage Rate for Calendar Year 2002. ~(~gdv~~y: City Manager Agenda No. 02.1 0 Department Origin: Finance~ Date Submitted: November 5, 2002 For Agenda of: November 13, 2002 Exhibits: )~ Resolution No. R-02-48 ~' Copy of Florida Department of Revenue Property Tax Administration Division Notice of Noncompliance and Determination Letter APPROPRIATION EXPENDITUREREQUiRED: N/A N/AAMOUNT BUDGETED: REQUIRED: N/A SUMMARY On September 23, 2002, the Notice of Proposed Tax Increase (increase of property tax levy) and Budget for the City of Sebastian was advertised in the Press Journal as required by Florida Statute. There was one problem, however, that was not noticed when the ad appeared. The Notice of Property Tax Increase did not conform to Florida Statute which requires the ad to be one-quarter (1/4) page in size. This error rest solely upon my shoulders in that I did not provide the correct instructions to the Press Journal. The instructions I provided was that the ad had no size requirements. The Property Tax Administration division of the Department of Revenue discovered this error during their certification review. A determination was made (see enclosed exhibit) of non- compliance and the resultant requirement to re-advertise and re-adopt the tax rate in order to avoid the penalty of having the tax distributions from the County applied at the roiled-back rate and the loss of revenue sharing distributions by the Department of Revenue. RECOMMENDED ACTION Move to adopt Resolution R-02-48 establishing the millage tax rate of 4.5904 mills for calendar year 2002. RESOLUTION NO. R-02-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2002 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian adopted a millage rate of 4.5904 mills via Resolution R-02-39 on September 25, 2002; and WHEREAS, the Florida Department of Revenue Property Tax Administration Program has found that the Notice of Proposed Tax Increase Advertisement was not one-quarter page in size as required by s. 200.065(3), F.S.; and WHEREAS, the City is required to re-advertise and re-adopt the millage rate levy in order to be in compliance with State law and to collect property taxes at the adopted rate as well as receive revenue sharing from the State of Florida. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. MILLAGE RATE LEVY. There is hereby Levied an Ad Valorem Tax of FOUR AND FIVE NINE ZERO FOUR THOUSANDTHS (4.5904) MILLS against all real and tangible personal property for the calendar year (January 1, 2002 through December 31, 2002) and the resulting tax revenue is hereby appropriated for the General Operating Fund of the City of Sebastian for the fiscal year beginning October, 1, 2002 and ending September 30, 2003. Section 2. ROLLED-BACK RATE. The tax rate established in Section 1. is 1.98% higher than the computed "roiled-back" tax rate of 4.5013 mills. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Mr. Terrence R. Moore, Manager City of Sebastian Page Two CONCLUSION The law gives you the opportunity to correct these violations by re-advertising and re- holding your hearings and re-certifying compliance pursuant to section 200.065(12), F.S. Within 15 days of receipt of this notice, you will need to re-advertise your: Notice of Proposed Tax Increase Advertisement with applicable violation clauses and Budget Summary Advertisement. The requirements of this letter are set forth in section 200.065(12)(b) and (c), F.S. You must hold a new millage and budget hearing in not less than two days or more than five days following publication of the advertisement, as provided in section 200.065(11), F.S. After the Notices have been re-advertised and the new final hearing is held, please forward to this office copies of the advertisements (full page from newspaper) with proofs of publication, a copy of the resolution/ordinance adopting the millage, a copy of the resolution/ordinance adopting the budget, and your Form DR-487, Certification of Compliance. By copy of this notice, we are notifying and directing the Tax Collector to withhold ad valorem tax revenue collected in excess of the rolled-back rate until the requirements of law have been met.. By copy of this notice, we are notifying the Refunds and Revenue Distribution Process of the General Tax Administration Program, to proceed consistently with sections 200.065(12)(a), 218.23(1), and 218.63(2), F.S., and Rule Chapter 12-10, F.A.C., to withhold revenue sharing funds until the non-compliance is corrected or, if not corrected, for the 12 months following a determination of non-compliance by the Department. In the event such non-compliance is not corrected, these withheld funds will be deposited into the General Revenue Fund. Mr. Terrence R. Moore, Manager City of Sebastian Page Three If you fail to correct these violations in the manner provided by section 200.065(12), F.S. and to re-certify compliance to the Department after completion of the re-advertisement and the re-holding of the hearings, you will forfeit your state revenue sharing funds and ad valorem proceeds in excess of the rolled-back rate. If you re-certify compliance and the Department determines your re-certification is not in compliance with section 200.065, F.S., the same consequences will occur. If you believe the Department's determination is not supported by the certification that you submitted, you may wish to consider the following notice. NOTICE OF RIGHTS You may have the right to seek an administrative determination of the facts in this matter under Chapter 120, F.S., by filing a petition for administrative hearing with the Clerk, Department of Revenue, Post Office Box 6668, Tallahassee, Florida 32314-6668. Any such petition must meet the requirements of Chapter 28-106, F.A.C., and should be filed, and received, within 15 days from receipt of this notice. Such administrative tribunal has no equitable or injunctive powers under Florida law. Under section 200.065, F.S., mediation is not available in any administrative dispute of the type of agency action announced in this notice. If you proceed with the administrative determination and are unsuccessful and you do not correct the non-compliance as' outlined in this notice, your ability to levy ad vaiorem taxes, based on the violations stated in this letter, will be seriously in question. You may also have the right to adjudicate this matter before a circuit court under Chapter 86 and applicable Florida law. Mr. Terrence R. Moore, Manager City of Sebastian Page Four You have the right to seek judicial review of this order as provided in s. 120.68, F.S., by the filing of a Notice of Appeal as provided in Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, Post Office Box 6668, Tallahassee, Florida 32314-6668 and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Cour[ of Appeal. This Notice of Appeal must be filed within 30 days from the date of this order. If you have any questions regarding this matter, please notify Ms. Velma Smith at (850) 922-7965. Sincerely, David Beggs, Director Property Tax Administration Program JRE/vs ¢¢-41.08 Attachments CC: Honorable Charles Sembler Indian River County Tax Collector Ms. Maria Johnson, Process Manager Refunds and Revenue Distribution ~ExamPlei N°n"c°mplianCe ~ith ~iolafion~Clause I15 NOTICE OF PROPOSED TAX INCREASE THE PREVIOUS NOTICE PLACED BY THE (name of taxing authority) HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE. The (name of taxing authority) has tentatively adopted a measure to increase its property tax levy. Last year's property tax levy: ~,. Initially proposed tax levy ........................ $ B. Less tax reductions due to Value Adjustment Board and other assessment changes ............... $ 54,834 ,3 Actual property tax levy$ This year's proposed tax levy ................. $ All concerned citizens are invited to attend a public hearing on the tax increase to be held on DATE TIME at MEETING PLACE TOWN A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing. The above NOTICE OF PROPOSED TAX INCREASE advertisement WITH VIOLATION CLAUSE MUST: 1. Be advertised WITHIN 15 DAYS OF NOTIFICATION of non-Compliance from the Department of Revenue 2. Have the violation clause in boldfaced type. 3. Be a full 1/4 page ad. 4. Have an adjacent Budget Summary ad. 5. Have a millage rate above the rolled-back rate, 6. Hold hearing NOT LESS THAN 2 DAYS or MORE THAN 5 DAYS after the ads are published in the newspaper, NATIONWIDE · AmD Financial · Boat David Haeseler Agency 589-1800 rapies ~ I P, emovat ~erapJes ~on with your F~R R, HOLYK, M,D. ~endat~ons. TUESDAY tuber 24"' at 5:30pm ng" & "CheJaJinn Therapy" lout Shutters is seen on ~C Program · 10 years later" dla, M.D., once. c~1 Comer NOTICE OF PROPOSED TAX .INCREASE The City of Sebastian has tentatively adopted a measure to increase its property tax levy. Last year's property tax levy: A. Initially proposed tax levy B. Less tax reductions due to Value Adjustment Board and other assessment changes C. Actual property tax levy This year's proposed tax levy $2,690,111 $ 54,834 $2,635,277 $2,842,881 All concerned citizens are invited to attend a public hearing on the tax increase to be held oN Wednesday, Sepfember 25, 2002 7:00p.m.af City Council Chambers, City Hall 1225 Main Street, Sebastian, Florida A FINAL DFCISION on the proposed tax increase and the budget will be made at this hearing. BUDGET SUMMARY CITY OF SEBASTIAN - FISCALYEA~ 2002 - 2003 ' THE PROPOSED OPERATING BUDGET EXPENDiTUREE OF THE CITY OF SEBAErlAN ARE 2~.3% MORE THAN LAST YEARS TOTAL OPERATING EXPENDITURES. $ $ $ S HONt[ OF PE[.[C. AN ISLAHD City of Sebastian, Florida Subject: Resolution R-02-49 Adoption of a Budget for Fiscal Year AgendaNo. ~)2, [.~O Department Origin: Finance Date Submitted: November 5, 2002 For Agenda of: November 13, 2002 Exhibits: · Resolution R-02-49 and Schedule "A" EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY As pan of the requirement to re-advertise and re-adopt the millage rate levy, the budget has to also be re-adopted for the fiscal year beginning October 1, 2002 and ending September 30, 2002. RECOMMENDED ACTION Move to adopt Resolution R-02-49. RESOLUTION NO. R-02-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Sebastian adopted the City Manager's Proposed Budget via Resolution R-02-41 on September 25, 2002; and WHEREAS, the Florida Department of Revenue Property Tax Administration Program has found that the Notice of Proposed Tax Increase Advertisement was not one-quarter page in size as required by s. 200.065(3), F.S.; and WHEREAS, the City is required to re-advertise and re-adopt the budget as part of the adoption of the millage rate levy in order to be in compliance with State law and to collect property taxes at the adopted rate as well as receive revenue sharing from the State of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager's Proposed Budget is hereby adopted for the Fiscal Year beginning October 1, 2002 and ending September 30, 2003. Section 2. The amounts shown on the attached Schedule "A" are hereby appropriated out of the Treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 3. The City Manager is hereby authorized and directed to proceed with the implementation of the service programs and projects provided for in the budget. Such implementation is to be consistent with the provisions of the City Code of Ordinances and policies established by the City Council. Section 4. The City Manager is authorized to make budget adjustments within budgetary accounts, as he deems appropriate. He is further authorized to make budget adjustments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. All other budgetary adjustments will require prior approval by the City Council. Section 5. If any clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective October 1, 2002. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of November, 2002 CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney ATTACHMENT TO RESOLUTION R-02-49 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2002/2003 GENERAL FUND REVENUE: 001501 001501 001501 001501 001501 001501 001501 001501 Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Miscellaneous Transfers In Cash Balance Carryforward Total Revenue $ 4,966,982 558,848 1,708,857 252,243 130,927 163,749 471,122 791,242 $ 9,043,970 EXPENDITURES: 010001 Legislative 010005 010009 010010 010020 010021 010035 010041 010042 010043 010044 010045 010047 010048 010049 01O051 010053 010052 010054 010056 010057 010059 010080 010085 010099 City Manager City Clerk City Attorney Finance Management Information Services Human Resources Police Administration Police School Resource Unit Police Uniform Division Police Corraxamity Policing Unit Code Enforcement Division Police Detective Division Police Support Division Police Dispatch Division Engineering Stormwater Utility Roads and Drainage Garage Building Maintananeo Parks and Recreation Cemetery Growth Managemant Building Department Non-departmental Total Expenditures $ 42,782 298,794 271,967 129,071 333,034 109,665 183,139 165,297 118,765 1,612,543 136,533 97,772 485,712 284,037 384,002 408,482 831,460 621,632 165,475 222,315 727,635 116,881 216,359 384,433 696,185 $ 9,043,970 SPECIAL REVENUE FUNI)S LOCAL OPTION GAS TAX FUND 120010 REVENUE Taxes Miscellaneous Total Revenue 1 665,457 11,947 677,404 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2002/2003 LOCAL OPTION GAS TAX FUND (continued) 120051 EXPENDITURES Operating Debt Service Transfers out Total Expenditures DISCRETIONARY SALES TAX FUND 130010 REVENUE Taxes Miscellaneous Total Revenue 130051 EXPENDITURES Transfers out Non-operating Total Expenditures RIVERFRONT REDEVELOPMENT FUND 140010 REVENUE Taxes Miscellaneous Total Revenue 140051 EXPENDITURES Operating Transfers out Total Expenditm'es RECREATION IMPACT FEE FUND 160010 REVENUE Miscellaneous Total Revenue 160051 EXPENDITURES Transfers out Non-operating Total Expenditures STORMWATER UTILITY FEE FUND 160010 REVENUE Miscellaneous Total Revenue 160051 EXPENDITURES Operating Transfers out Non-operating Total Expenditures 2 $ 194,718 300,000 150,000 $ 677,404 $ 1,946,217 29,609 $ 1,975,826 $ 1,881,417 94,409 $ 1,975,826 $ 190, i37 2,664 $ 192,801 $ 59,780 130,444 $ 192,801 $ 248,982 $ 248,982 $ 190,000 58,982 $ 248,982 $ 737,574 $ 737,574 $ 5,000 145,322 587,252 $ 737,574 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2002/2003 SPECIAL REVENUE FUNDS continued LAW ENFORCEMENT FORFEITURE FUND 140010 REVENUE Fines and Forfeitures Miscellaneous Total Revenue 140051 EXPENDITURES Operating Capital Outlay Non-operating Total Expenditures G.R.E.A.T. PROGRAM FUND 140010 REVENUE Intergovernmental Miscellaneous Total Revenue $ 2,000 1,101 $ 13,101 $ 200 5,000 7,901 $ 13,101 $ 32,000 50 $ 32,050 $ 32,050 $ 32,050 $ 23,826 40,790 $ 64,616 $ 210 64,406 $ 64,616 140051 EXPENDITURES Operating Total Expenditures DEBT SERVICE FUND 201010 REVENUE Miscellaneous Non-operating Total Revenue 201051 EXPENDITURES Operating Debt Service Total Expenditures CAPITAL PRO,[ECTS FUNDS REVENUE General Fund Local Option Gas Tax Discretionary S ales Tax Riverfront Redevelopment District Fund Recreation Impact Fee Fund Golf Course Fund Airport Fund Grants and Other Revenues Total Revenue 284,000 150,000 1.570,617 130,444 190,000 32,500 286,500 2,352,500 4,996,561 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2002/2003 CAPITAL PROJECTS FUNDS(conimued) EXPENDITURES Roads Sidewalks Recreation Public Facilities Airport Debt Service Total Expenditures GOLF COURSE FUND 410010 REVENUE Charges for Services Other Non-operating Cash Balance Carryforward Total Revenue EXPENSES 410110 GOLF COURSE ADMINISTRATION DIVISION Personal Services Operating Expenses Debt Service Total GC Administration Division 410120 GOLF COURSE GREENS MAINTENANCE DIVISION Operating Expenses Capital Outlay Total GC Greens Maintenance Division 410130 GOLF COURSE CARTS DIVISION Personal Services Operating Expenses Total GC Carts Division Total Golf Course Expenses AIRPORT FUND 450010 REVENUE Charges for Services Other Non-operating Cash Balance Carryforward Total Revenue 450110 EXPENSES Personal Services Operating Capital Outlay Total Expenses 4 762,000 189,368 415,000 620,500 2,855,000 154,693 4,996,561 1,518,053 18,731 51,726 1,588,510 268,538 298,777 309,890 877,205 544,559 51,000 606,881 46,174 58,250 104,424 1,588,510 169,207 10,225 24,660 204,092 123,741 77,309 3,042 204,092 City of Sebastian, Florida Subject: Update regarding attachment of cleats to two palm trees at Captain Hiram's Sandbar. dfor Submittal by: Exhibits: Letter addressed to Terrence R. Moore, dated EXPENDiTURE REQUIRED: None Agenda No. ~ Department Origin: Growth Management Tracy E. Hass.~ Date Submitted: November 6, 2002 For Agenda of: November 13, 2002 October 31, 2002; Letter to Jan King, dated 10/15/02 AMOUNT BUDGETED: I APPROPRIATION None REQUIRED: None SUMMARY On May 22 of this year, the City Council, sitting as the Board of Adjustment, granted approval of a variance for Captain Hiram's to allow attachment of a canopy/awning in the bandstand area to five palm trees, whereas the code prohibits attachments to protected trees. The variance was granted conditional upon the applicant not attaching any cleats to the aforementioned palm trees. However, two small cleats were installed on one palm tree for the purpose of securing a line from the block and tackle used for retracting the canopy. Please see attached letters from Tom Collins for further explanation. Staff notified the owner of this violation, and he provided a response via a letter to City Manager Terrence Moore, dated October 31, 2002. The question was raised as to why staff had not recognized the aforementioned violation, for which the following should provide appropriate clarification. As a condition of the building permit for installation of the canopy, the Building Director advised Captain Hiram's of the need to provide an Engineer's report and certification concerning the structural integrity of the sail/canopy. As of November 6, 2002, Building Director George Bonacci had not yet received said certification. Therefore, the Building Department has not performed a final inspection for the sail/canopy, and consequently, staff had not noticed the cleats in the aforementioned trees. Code Enforcement did not issue an official notice of violation in regards to this issue due to the owner's willingness to comply with the provisions of the variance. The question of imposition of an immediate fine on the owner was raised, but seeing as the violation did not pose a danger to public safety, health or welfare, the City is not in the position to impose an immediate penalty. Hiram's RIVER RAW BAR & SEAFOOD CAFE Home Of The Waterfi'ont Tiffany Room Banquet Facility At Sebastian Inlet Marina & Trading Company, Inc. October 31, 2002 Terrance Moore City of'Sebastian 1225 Main Street Sebastian, FL. 32958 Dear Terrence: I wanted to address the way in which we mounted the retractable sail/awning to our large Royal Palms at the SandBar. When we discussed the plans to attach the sail/awning to the trees, we wanted to use a very large cleat that would be secured with four large boks that would penetrate the trees four or five inches. We also considered a large "eye" bolt. We replaced these large bolts and the large cleats with three inch wide nylon strips that go around the tree and ultimately support the main pressure from the awning/sail. There is no penetration using this method. I believe the cleat that Mr. Hill was referring to is a very small cleat that is located approximately a foot below the main support band and this cleat is secured with very small screws, as it only acts as a place to secure the line that comes from the block and tackle. This particular cleat does not have much strain on it and certai~y the small screws will not harm the tree. The whole idea was to make sure none of our trees are damaged and at this point none of them have ~een damaged nor have we had imY damaged trees in the past. We take great care to fertilize, water, and trim our 1;tees and believe we have some of the nicest looking landscaping along Indian River Dri-~e. With that said, we have no problem removing the small cleats, as we could attach the return block and tackle line to another band that we would place around the tree. Just let us know what you want us to do. I am enclosing a copy of a memo I sent to Jan King regarding this matter, as I am not certain that the Mayor and Council had an oppommity to review this information. I have left two messages for Mr. Hill to call me but to date I have not heard from him, so I Corporate Office: 9301 N A-l-A, Suite 4, Vero Beach, FL 32963 PHONE ~77~ 589-8000 FAX: ~77&, 589-5100 Capt. Hiram RIVER RAW BAR & SEAFOOD CAFE Home Of The Waterfront Tiffany Room Banquet Facility At Sebastian Inlet Marina & Trading Company, Inc. would appreciate your passing this information along to him, the Mayor, and other Council members. Thank you for your kind attention. ~ins THC/krm Enclosure(s). CC: Mayor and City Council Tracy Hass Jan King Martin Carter Mickey Capp Corporate Office: :. 9301 N A-l-A, Suite 4, Vero Beach, FL 32963 PHONE (7'7& 589-8000 FAX: -7'7<~_ 589-5100 Telephone 772-589-8000 Collins Companies 9301 Hwy. A1A, Suite 4 Vero Beach, FL 32963 EMAIL: THC9301@~ooLcorn Fax 772-589-5100 FACSIMILE TRANSMITI'AL TO: DATE: Jan King, Growth Management Manager 10-15-02 FROM: Thomas H. Collins RE: FAX: 589-5570 # of PAGES: Jan, I was surprised to receive your call the other day regarding the "bolts" that we placed in the trees to help us support the awning that was approved some time ago at our remodeled SandBar. As you know, for the major portion of the supports we wrapped the trees with wide band nylon straps so that there is no penetration of any thru bolts or large lag bolts that might support a hook. The only penetration into these huge trees are very small three quarter inch long by three eighths inch wide stainless steel screws that support small cleats. In addition, there are a few screws that were put into the trees that are even smaller that support the electrical boxes for spotlights that shine up onto the trees. Throughout the many years we have had the SandBar open we have consistently placed small signs, small electrical lighting boxes, and small cleats on the trees using small stainless steel screws. We have never had a problem with our trees not surviving and in fact they are flourishing b--~-yond belief. I might also point out that the trees that these small cleats and three quarter inch screws are installed in are more than 18 inches in diameter. I would guess that if you look around town many others are screwing items into trees that are probably much smaller than ours. If I recall the discussion regarding the penetration in the trees, it was based on making certain that the trees would survive and not be harmed. It is our firm · Sebastian inlet Madna & Trading Company · Orchid Isle Holding Company · C. B., Inc. · Assateague Developers, Inc. Telephone 772-589-8000 Collins Companies 9301 Hwy. A1A, Suite 4 Veto Beach, FL 32963 EMAIL: THC9301 @aol.com Fax 772-589-5100 belief that none of our trees have been harmed and in fact we feel we do a better job than most in keeping up our landscaping to make our place very attractive. Please give me a call after you have had an opportunity to review the contents of this fax so that we might discuss this matter. Thank you for your kind attention. CC: Martin Carter Capp Construction · Sebastian InLet Marina & Trading Company · Orchid Isle Holding Company · C. B., Inc. · Assateague Developers, Inc. City of Sebastian, Florida Subject: Update regarding rear parapet wall at the Sebastian Retail Shoppes. for Submittal by: Agenda No. 0 2. ] g4 q Department Origi~Growth Management Tracy E. Hass.~-X Date Submitted: November 6, 2002 For Agenda of: November 13, 2002 Exhibits: None EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRLATION REQUIRED: None SUMMARY As you will recall during the regular City Council meeting held on June 26 of this year, the Council approved a 90-day provisional certificate of occupancy for the Sebastian Retail Shoppes. Succinctly, the original site plan was conditionally approved upon satisfaction of constructing a parapet wall along the rear of the retail building. Through inadvertence, the wall was not extended across the back of the building; so as to effectively screen all roof mounted mechanical equipment from public view. After being notified of the inadvertence, the developer explored various methods of resolving the noncompliance. The developer's engineering finn was charged with the task of designing a parapet wall that wouk~ satisfy the Overlay District Design Regulations as well as all structural building codes. Once completed, the developer filed an application for building permits, which were issued on October 4th. A representative of PAVCO Construction Inc. received the permits during the week of October 28th. As of November 6, 2002, staff contacted representatives with PAVCO Construction Inc., who provided the following update: The building materials are on order and should be delivered shortly, with completion anticipated within the next 30 days. SEBASTIAN HOMF. OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 23, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will addrase the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. The Mayor called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stdnger City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Mark Mason Public Works Director, Terry Hill Airport Manager, Jason Milewski Police Captain, Dave Puscher 02.225 02.226 02.227 02.228 02.047 02.229 Regular City Council Meeting October 23, 2002 Page Two Dt AFT AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS). Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) There was a 5-0 consensus to add a staff presentation on the discretionary sales tax extension as item G under Proclamations, Announcements, and/or Presentations 6. PROCLAMATIONS ANNOUNCEMENTS AND/OR PRESENTATIONS A. Hometown Security Day Proclamation Mayor Barnes read the proclamation. B. Student Government Day- City Government Week Proclamation Mayor Barnes read the proclamation and reported on a successful mock city council meeting held this morning. C. National E lie s Awareness Month Proclamation Mayor Barnes read the proclamation. Banner Presentation by Justine Stien of Domestic Violence Coalition of Indian River Count~ Justine Stien, Domestic Violence Coalition of Indian River County, presented a handpainted banner by the children and their families, to the City Council which read "These hands will never be raised in violence." Presentation by Lisa Smith-~ and Girls Club - Acknowledq.ment of Clambake Festival Donation Jay MacNamara and Lisa Smith-Fulton presented a plaque to the City of Sebastian and the Sebastian Property Owners Association for their support. F. Presentation by Indian River Coun Dtv..D_gpartment of Health Re: Fill Requirements Mike Galanis, Indian River County Department of Health, and Laura Hoffman gave a brief presentation about state code requirements for location of septic drainfields, and said their office was willing to work with the city to resolve problems with runoff to existing houses from new houses. Dick Swart, Concha Drive, inquired about the effect on the aquifer from septic tanks. Mr. Galanis said some research shows some bacteriological impact. Regular City Council Meeting October 23, 2002 Page Three D AFT Bill Germann said he used bluestone to solve this problem in New Jersey. Mayor Barnes suggested a workshop on this matter in the not too distant futura. ,Staff Presentation on Discretionary Sales Tax Extension The Finance Director gave a bdef powerpoint presentation on the proposed extension of the discretionary sales tax, a referendum question on the Indian River County ballot November 5, 2002. TAPE I - SIDE II (8:08 p.m.) He then rasponded to questions from City Council. CONSENT AGENDA All items °n the consenl agenda are considered rouline 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. 02.023 02.025 02.209 02.107 02.069 D. E. F. Approval of Minutes - 10/9/2002 Regular Meeting Receive Code Enforcement Orders: Case No. 2001-0023990 - William Warren Stevens - Ordered April 17, 2002 and August 21, 2002 (City Clerk Transmittal 10/17/02, Orders) Grant Award/Waterway Boating Safety Project Agreement (City Manager Transmittal 10/8/02 Agreement) Award Airfield Perimeter Fencing Contract to Smith Industries, Inc. in the Amount of $365,312.00 (Airport Transmittal 10/16/02, LPA Group Letter, Bid Tab) Authorize Change Order #1 to Runway 4-22 Edge Lighting Contract (Airport Transmittal 10/16/02, Estimate) Authorize the Award and Execution of the Obstruction Clearing (Phase I) of Runway 9-27 Contract to Ali-Rite Paving Contractors, Inc. and ASl Paving Incorporated (Joint Venture) in the Amount of $188,963.00 (Airport Transmittal 10/17/02, Bid Tab, LPA Letter) 02.230 02.137 Waive Purchasing Procedures and Authorize the Purchase of Six Toshiba Laptops in the amount of $9,982.20 (Finance Transmittal 10/17/02) Approve Purchase of Three Half Ton Chevrolet Silverado 2003 Pickup Trucks at a Cost of $15,447 each from Maroone Chevrolet Based on Piggyback Prices from the Florida Shedffs Association (PW Transmittal 10/17/02, Quote) Regular City Council Meeting October 23, 2002 Page Four D AFT 02.137 I. APprove Purchase of One Chevrolet Silverado 2003, 1500 ¼ Ton Pickup 4x2 at a Cost of $15,447.00 from Maroone Chevrolet Based on Piggyback Prices from the Florida Sheriffs Association (Stormwater Utility Transmittal 10/17/02, Quote) Mayor Barnes removed item B for discussion. MOTION by Majcher/Barczyk "1 make a motion to approve consent agenda item A, through, A, C, D E F G H and I." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 Item B The City Attorney responded that the Stevens problem had been cleared up. MOTION by Barnes/Hill "Okay, I'll move to approve item B." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 PUBLIC HEARING - None 4 Regular City Council Meeting October 23, 2002 Page Five DRAFT INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othervvise on the agenda - sign- up required - limit of ten minutes for each speaker Rene Civet[a, discussed the false alarm penalties stating it creates a hardship because she has a motion detector which sets off the alarm. She said there is a general feeling in the business community that it is a hardship. Mayor Barnes and the City Manager said discussions could take place with the current Chief of Police relative to this issue. Mr. Coniglio asked that the escalating fine issue be looked into. Mr. Majcher said false fire alarms also have an escalating fine system. Baxter Coston, reported that the South Moon Under dumpsters have been removed and construction on the culvert has begun. He thanked Capital Sanitation for their assistance and for going out of their way; and the Police Department and Mayor Barnes for their assistance. He said he wanted to talk to Mr. Hass about this situation to discuss methods to make sure this doesn't happen again. 10. 02.014 COMMI'I-rEE REPORTS/RECOMMENDATIONR Planninq and Zoninq Commission 1. Interview, Unless Waived, and Appoint Regular Member Position (City Clerk Transmittal 10/17/02, Applications, Ad, Member List) The City Clerk advised City Council that Tut Connelly called this week and said he did not wish to be considered for this position; and that Mr. Rauth, who was currently in the position, is eligible for reappointment under the six year/two term regulation. City Council interviewed Andrew AIIocco, and Mary Ann Krueger. MOTION by BarczykJHill "Move to appoint Gene Rauth to retain his position." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 Regular City Council Meeting October 23, 2002 Page Six D AFT 02.043 11. 02.234 B. Tree and Landscape Advis~ 1. interview, Unless Waived, and Appoint Two Alternate Member Positions (City Clerk Transmittal 10/17/02, Applications, Ad, Member List) City Council interviewed William Creamer and Richard Swart. Mr. Madsen was not present. MOTION by Hill/Coniglio "1 move to appoint Mr. William F. Creamer to continue serving on the board." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 MOTION by Hill/Barczyk "1 move to appoint Mr. Henry G. Madsen to continue serving as well." MOTION by Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 5-0 OLD BUSINESS A_Dp. Lg. priate Funds and Away77 to Dickerson Florida, Inc. for CR51.~2 ~roveme~nsmittal 10/16/0~ The City Manager gave a brief presentation on the bid award. He said this was the only bid. The Finance Director said there were contingencies added which resulted in the need for a higher appropriation. He stated $28,000 was needed for unforeseen items and $15,000 was needed for the project manager bringing the total project cost to $324,000. Regular City Council Meeting October 23, 2002 Page Seven D AFT MOTION by Hill/Barczyk "Move to authorize staff to appropriate funds and award the contract for the 512 Alleyway improvements to Dickerson Florida, Inc. in the amount of $282,000.18, I'm sorrT, $282,018.77. Make sure we get that clear." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 12. NEW BUSINESS 02.231 First Readinq Ordinance No. O-02-15 - Chanqe in Administration to Parks and Recreation Proqram - Schedule Public Hearinq Nov. 13, 2002 (City Clerk Transmittal 10/17/02, O-02-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING ARTICLE 1, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-15 by title. The City Clerk, City Attorney and City Manager responded to questions from City Council. MOTION by Barczyk./Coniglio "Move to adopt Ordinance No. O-02-15 on first reading and set a public hearing for November 13th, year 2002." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting October 23, 2002 Page Eight DRAFT 02.116 B. 02.124 First Readinq Ordinance No. O-02-16 - Cemetery Rules and Requlations - Schedule Public Hearinq for Nov. 13, 2002 (City Clerk Transmittal 10/15/02, O-02-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY RULES AND REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-16 by title and the City Clerk briefly presented the proposed ordinance. MOTION by MajchedBarczyk "Move to pass Ordinance No. O-02-16 on first reading and schedule a public hearing for November 13th, 2002." ROLL CALL: Mr. Barczyk - aye Mr. ConJglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 First Readinq Ordinance No. O-02-17 - Solid Waste Referendum - Schedule Public Hearin.q for Nov. 13, 2002 (GSA Transmittal 10/17/02, O-02-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 86- 26 SOLID WASTE; COLLECTION AND DISPOSAL GENERALLY; SERVICE BY THE CITY TO REQUIRE UNIFORM PROVISION AND BILLING FOR GARBAGE COLLECTION; PROVIDING FOR REFERENDUM; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE The City Attorney read Ordinance No. O-02-17 by title and briefly described the proposed code amendment which will require a referendum question. MOTION by Barczyk/Majcher "Move to pass Ordinance No. O-02-17 on the first reading and set a public hearing for November 13t~, year 2002." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting October 23, 2002 Page Nine D AFT 02.232 D. 02.233 Resolution No. R-02-46 - Board Appointment Procedures (City Clerk Transmittal 10/15/02, R-02-46, Current Resolution) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDNG FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF a VACANCY; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-46 by title. The City Clerk stated these procedures are needed to streamline the application process. MOTION by Majcher/Coniglio "Move to adopt Resolution No. R-02-46." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 Resolution No. R-02-47 - Parks and Recreation (City Clerk Transmittal 10/17/02, R-02-47, R-01-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-47 by title. The City Clerk explained this resolution gives the City Manager discretion in applying fees to city facilities. MOTION by Barczyk/Majcher "Move to adopt Resolution No. R-02-47." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting October 23, 2002 Page Ten DRAFT 13. CITY A'I'rORNEY MA'I-rERS Said due to his workload, he would not be going away for the next two days to the pre-approved conference. 14. CITY MANAGER MAI-rERS 02.235.1 Cib/Council and Sebastian Mana_.q.ement Team Strateoic Planning Session_, November ~ 2002 Reported that the Sebastian Management Team will conduct a strategic planning session off- site on November 14, 2002, and reported that he had invited Mayor Barnes to attend the session to represent City Council. The City Attorney remembered that the Planning and Zoning Commission has a final draft of the telecommunication tower ordinance and will have a public hearing soon. Mayor Barnes asked the status of the CR512 triangle area, and the City Manager said it is currently in the hands of Henry Iler which will be presented at the December 11th meeting. 15. CITY CLERK MATTERS Stated she would be away for two weeks, that the Deputy City Clerk will be in charge, and the office will be in good hands as always. 16. CITY COUNCIL MATTERS A, Mr. Barczvk Mr. Barczyk congratulated staff for Student Government Day activities. He thanked members of staff for their assistance with a speeding problem that occurred. Mr. Coni IcL~_ Mr. Coniglio expressed his appreciation for our city after visiting up north. 02.067 Mayor Barnes 1. A_Epointment of MPO Member & Alternate MOTION by Hill/Coniglio "1 move to appoint Mr. Coniglio to the MPO." ]0 Regular City Council Meeting October 23, 2002 Page Eleven D ,AFT ROLL CALL: Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill - nay - aye - aye - aye - aye MOTION CARRIED 4-1 The City Clerk confirmed an alternate also needed to be appointed for this member. MOTION by Coniglio/Hill "1 make a motion that Mr. Barczyk be an altemate for the MPO." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Other Matters Congratulated the police department and staff for receiving accreditation. Commented on benefits of the Down and Dirty Program at the Environmental Learning Center. Reminded that the City Clerk evaluations were due. D. Mr. Hill Reported that a concerned citizen called him about fights taking place near his property and he would like the police chief to intervene. Expressed concern regarding a memo from the Growth Management Director stating Captain Hiram's did install a canopy with cleats against the Board of Adjustment's approval. Mr. Hill would like to see something in place for recourse. The City Attorney said the condition was the requested variance. The City Manager said the condition had been explained to the developer and property owner, and that steps are being taken to correct the situation. The City Attorney said a citation can be issued if a situation is irreparable. Mr. Conig~io agreed and asked that staff come back with a recommendation. Mr, Barczyk asked what had happened with the parapet wall behind the building in front of Walmart. The City Manager said they were in the process of getting that squared away. 11 Regular City Council Meeting October 23, 2002 Page Twelve D AFT E. Mr. Majcher Confirmed the possibility that AT&T Broadband may broadcast Sebastian council meetings throughout the County. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:38 p.m Approved at the November 13th, 2002 Regular City Council Meeting. By: Walter W. Barnes Mayor ATTEST: Sally A. Maio, CMC City Clerk 12 City of Sebastian, Florida Subject: Kimley Horn & Associates Project Management - Sebastian Alleyway Project TA~~r Submittal by: Manager Agenda No. Dept. Head: Finance: Procurement: Date Submitted: 11/07/02 For Agenda of: 11/13/02 Exhibits Proposal EXPENDITURE REQUIRED: $15,000 BUDGET AVAILABLE: $15,000 !APPROPRIATION REQUIRED: $0 Back.qround Construction of the Sebastian Alleyway on the south side of Sebastian Boulevard is scheduled to begin on November 18"~, 2002. The Engineering Department is requesting that Kimley-Hom & Associates, Inc., provide project engineering services during the construction phase. SUMMARY Move to approve a sum not to exceed $15,000 for the firm of Kimley Horn & Associates, Inc. to provide engineering services as engineers of record for the Sebastian Alleyway construction project that is scheduled to begin on the 18th of November. I~i~ Ki~n~-Horn ~nd Associ~tes~ Novcmb= 7, 2002 David, Fisher, P.E. City of Sebastian 1225 Main Stre~ Sebastiam, FL 329:58 Sebastian Highlands All~,'way Cons'tmc't~on Phase Services De~r Mr. Fishe~: Kimley-Hom and A~soMates, Inc, is pleased to submit this soope and fee propos~] for general engineering servloes related to the bidding and construction of~e Sebmstian Hiffhlan& Alle~v~y. The scope of services, fee and sehedu.le for this wo~k oxder m.'~ pxovided in the a,~ched Exhibff "A" tt~ough Exhibit "C", Any additional se~ces beyond those desmSbed in Exhibit A ~hat we may be able to assist you with can be hand~ed in an additioual work order. We appreciate this opporm_rfity to work with Ge City of Scbastitm. Should you have any questions ox' wish to discuss please contact me at 772/794- 4058. Sincerely, cc: Jeff Palmquist, EIT. [] 11/07/02 17:04 FAX 661 562 9689 KHA URG VER0 ~003 Kimley-Horn Associates, Inc, EXHIBIT "A" SCOPE OF SERVICES l'as~ 1 - Bidding and Construction ~hase Services We will attend the Pre-Bid meeting Song with the Cig'. This will include p~paration and at~ldance of ~e mee~g with p~ospecriv¢ bidders. We will an_~er rely quemion~ that the bidders may lmwe in regaxd to the teel~ical aspecm of the plans. We will participate in the Pr~ Conslruct~on Meeting upon selection of a contractor. For that meeting we will be prepared to discuss the project, permits, specific areas of intc~s~ schedule and answer questions ~rom the contractor. Upon commm~ement of comm'uction we will provide cons~uction phase ~sist~mce to the City. It is understood that the CiD, will provide the day to day observation of the project and that we will provide assistance as requested by the City. Tlfis is expected to include~ addressing issues as they arise, review of shop dm~g and certification, subnfitta[% respond to RFFs, periodic field reviews and clef/float/on of design wh~re and if requited. For estimation purposes, this level of assistm~ce is estimated at 10 hours per week on average. When construction has been completed w~ will participate in a final through with the City to identify punch list item and note deviations variance ~rom the in~ent of the design and plans. We ,~ll also review the construct/on Az-Btfilts as provided by the Contractor and fma~ project ~lose out. 11/87/82 17:04 FAI §81 5~2 ~889 KNA [q~G VERO ~004 and Associates, Inc, Eira~IT 'B" It. HA will provide the services described in Task 1 as indicated below, inclusive of expenses. Thc fees x~4ll be on an hourly basis wi~h a not [o exceed arnoun~ as indicated below: Labor Budget Task ! -Bidding ~md Construction Fnas¢ Services $!5,000 Tofml Fez $15,000 i?:04 FAf ~B1 and Associates, Inc. EXJdlBIT SCHEDULE Thc schedule for the work ~ descrlbcd in Tasks ] is ba~ed on a contractor's construction sohcdule of 90 days md ~m addf6onal 3{) days for pxoject closeout~ HO,M~ O~ P~,~CNq ~IJ~ID City of Sebastian, Subject: Construction of Columbariums Florida Agenda No. ._0. Z. ' --7 Department Head:~~)/~.r~/: Finance Dept.: _ Date Submitted: November 4, 2002 For Agenda off November 13, 2002 Exhibits: Bid Tabulation Form EXPENDITURE AVAILABI ~¥. APPROPRIATION REQUIRED: $40,300.00 BUDGET: $ 40,256.00 REQUIRED: $ 44 SUMMARY The Capital Budget approved by City Council includes the construction of a Columbarium arrangement consisting of single and companion burial niches at the Cemetery. In accordance with the City Purchasing Ordinance and in coordination with the Cemetery, the City Purchasing Division solicited seal bid proposals to design, fabricate and install the Columbariums. Koppenberg Enterprises Inc. submitted the lowest responsive and responsible bid proposal - (See attached bid proposal tabulation form). Koppenberg Enterprises Inc. price is $ 40,300.00. The contractor's references were investigated and checked out favorable. RECOMMENDED ACTION Move to appropriate additional funds ($ 44.00) and award contract to Koppenberg Enterprises Inc. in the mount of $ 40,300.00, to design, fabricate and install Columbariums, and authorize staffto execute an agreement for same. Ci tian, Florida Subject:signs for the Yacht Club AgendaNo. 02_. and Community Center Approved for Submittal by: REQUIRED: $ 9,700. O0 Department Ori~il~,.Public Dept. Head: ~9 General Services; Date SubdUed: 11/06/02 Exhibits: Proposal f~om curt Oxford Woodcarver For Agenda of: l 1/13/02 IRC. t A/~OUNT BUDGETED: $10,500.00 QRO~PRIATION None The 2002 - 03 Capital Improvement budget includes new signs for the Community Center and Yacht Club. Curt Oxford Woodcarver Inc. is the City's sole source for creating signs with the City logo. His proposal for the Community Center sign is $4,900.00 and the Yacht Club sign is $4,800.00. The total for both signs will be $9,700.00. ~RECONIN~ENDATION Waive the formal biddin9 procedure and award Curt Oxford Wood- carver Inc. the contract to create City logo signs for the Community Center and Yacht Club for a total price of $9,700.00. PROPOSAL C~RT City of Sebastian, Florida Subject: Santa Sail In Appr~oved for Submittal by: Agenda No. 0 Department Origin/Public Works Dept. Head: ~ Finance: General Se~iees~ Date Sub.Red: 10/30//02 For Agenda of: 11/13/02 Exhibits: Letter of Request EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: SUMMARY The Parks Division of the Public Works Department has received a request for the Santa Sail-In Saturday, December 7th, 2002. They are requesting that the City Dock and Ramp at the Yacht Club be closed the evening of Saturday, December 7th from 4PM to 9PM. They are also requesting that Indian River Drive be closed from 4PM to 9PM from Cleveland Street to Harrison Street. Also, approval for the use of electricity is required. RECOMMENDATION Move to approve the closing of Indian River Drive and the city dock and ramp at the Yacht Club from 4PM to 9PM on Saturday, December 7th, along with the use of electricity for the Santa Sail In and direct staffto arrange for traffic and crowd control. CHAMBER OF COMMERCE October 30, 2002 Mr. Terrence Moore Sebastian City Manager 1225 Main St. Sebastian, FL 32958 Dear Mr. Moore: Regarding: Santa Sail In and Use of Yacht Club The purpose of this letter is to: 1. Reserve the Yacht Club for Santa Sail In for Friday, Dec. 6 for the purpose of decorating the inside of the Yacht Club and Saturday, Dec. 7 for the Santa Sail in. 2. Reserve the City Dock and Ramp for the evening of Sat, Dec. 7 3. Arrange for adequatetraffic and crowd control and street closure of Indian River Drive firom Cleveland to Harrison St. The City dock, ramp and street closure should be between 4 p.m. and 9 p.m. 4. We respectfully request the City to furnish the eleefficity for the event, as in the past. If you orthe City Council have any questions concerning this request, please let us know. The Santa Sail In has become a favorite holiday tradition in this area, and we want to assure it's confmuation! Thank you for your anticipated cooperalion. Executive Director 700 MAIN STREET [] SEBASTIAI ~[_.t~ f ~- ~' /~a.fi PHONE: (772} 589-5969 [] FAX http://sebasrian.~.us/c ~l ~'5 ,I e-mail to ~ sracharnber~t~sel City of Sebastian, Florida Subject: Fine Arts Festival A/gproved for Submittal by: enc an er Agenda No. ~ Department Orig~Public Works Dept. Head: ~ Finance: .,,I .~.///~l General Services: ' Date Submitted: 10/30//02 For Agenda of: 11/13/02 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ,SUMMARY The Fine Arts Festival this year will be held on December 13, 14, and 15th at Riverview Park. It has been requested that Indian River Drive be closed/5om Coolidge Street to Harrison Street and that Sebastian Blvd from the Clock to Indian River Drive also be closed from I 1:00 AM on Friday, December 13th until 8:00 PM, Sunday, December 15tl~. They are also requesting permission to serve Beer and Wine at this event. Also, the use of electricity is required. ,RECOMMENDATION Move to approve the closing of Indian River Drive and Sebastian Blvd from 11:00 AM on December 13~h thru 8:00 PM on December the 15th, along with approval of the use of electricity and permission to serve beer and wine and direct staff to arrange for traffic and crowd control accordingly. HOM~ OF PEUCAN ISLAND A~enda No. D 2.. 2~ ~4 / Department O '~ Finance Dept.~ General Services: Date Submitted: 10-24-02 ForAgenda of: 11-13-02 Exhibits: Proposal from Clark Sales Display, Inc., for 2002-2003 Holiday Displays EXPENDITURE REQUIRED: AMOUNT BUDGETED: I APPROPRIATION General Fund: $ 4,763.30 General Fund: $ 5,000 I REQUIRED: N/A Riverfront Fund:$ 9,304.70 Riverfront Fund: $12,000 SUMMARY In prep~aration of the 2002-2003 holiday season, City staff met with Clark Sales Display, Inc., Tavares, FL., to discuss various holiday display options with the intent to enhance the display at Riverview Park. In addition to the U.S. gl and Indian River Drive displays, Clark Sales Display, Inc., proposes to install and remove an animated holiday display at Riverview Park consisting of (1) 11' x 8' animated santa with sleigh, (4) 10' x 14' animated reindeer in flight, (1) 8.5' x 9.5' eft holding packages, (3) 4' x 4' silhouette gift packages to be highlighted with a 25 foot holiday tree. As a continuing long time customer, Clark Sales, Inc., has offered the City a 15% discount this year, as reflected in the amounts listed below. The proposed 2002-2003 Clark Sales Display, Inc., Lease Continuance Agreement for City holiday displays is $14,068.00. U.S. Highwav #1 Displays $ 3,327.75 Pole Trim $ 739.50 City Hall & Police Building Wreath $ 600.00 Wreath/Storage $ 96.00 Sub Total $ 4,763.25 Indian River Drive/Riverview Park Indian River Drive Displays/Pole Trim Riverview Park Animated Display Riverview Park/25 Ft. Tree Sub Total $ 3,748.50 $ 4,356.25 $ 9,304.75 TotalAmount RECOMMENDED ACTION Move to waive the normal bidding process and authorize the City Manager to enter into a 2002-2003 Annual Lease Continuance Agreement with Clark Sales Display, Inc., Tavares, FL for City holiday displays totaling $14,068.00. ~ 352-3~3-019~ p.1 www. Cl ks¢ s To F Su you is s BeE the We ant We adc con Wh; corr Iftr MeV Tamares-j florida 1~00-Pd2-7~:~7 / fax: 35Z-34~ Date: Friday, Octo~ ~BASTIANCITYOF ~rrenceR. Moore ~one: 561-388-8203 ax: 561-581-0149 ges: 4 bject: uld tike to thank you for the time and courtesies exte As always it is a pleasure for me to discuss arrange ~ch a special time of year. atJful Christmas decorations appeal I to youngsters of :ommunity. People wil! drive for miles to see a wont appreciate the opportunity to present the attached pr intent to provide the Holiday Disptays best suited to .Tn as. com 0O7 ~2775 er 18, 2~2 From: Clark Sat~ Display, Inc. Lee C. Clark Phone: 35~343-5899 Fax: 35~34~0194 tied ~o me dudng my recent meeting with nents with your community for Chr~stmaA It all ages. They truty are a source of pride to .~rfully decorated area. 3posal for your consideration. It is our desire ourneeds which you have requested. at Clark Sales Display,/nc. take pride in o0r profes ionalism and our ability to accurately tess your decorating requirements, to that end. We ,v~uld ask that you review this proposaJ to :inn that our selection is accurate and appro?riate for~Jour intended Holiday year. t I have proposed and quoted is state of the art first line and finest quaJity with the best in ~onents and lighting. All of the proposals may be all ~red to your specifications. ay be of assistance, please call at your convenienc~ Christmas Oc~ 1 O~ ll:OBa Clark II LARK SALES DISPLAY, INC. II "THE CHRISTMAS PEOPLE~ ~ ~ POST OFFICE BOX 1007 ~ ~ TAVARES, FLOR[DA 32TT8 ~ SALES LEASE ~ IN8TAL~TION ~ ~uote Num~ 22~14 ~~~xpims on: 11/~2002 ~ ~ Price ~end 1 ~S 405 ~25 HOLIDAY TREE, BASE SIzE 8' STAR~?IZE 4' (2B0 C-9 ~MP) ~,495.00 $2,495.00 iNSTALL/ : ~NSTAL~TION, REMOVAL, OF CUSTOMER OWN~ REMOVE DtSP~YS. ~ $350.00 $350.00 ,STOOGE ,LESS LESS 25% OFF OF CATALOG PRICE - ~23 75 INFO ~CO~TIONS WILL BE JNST~L~ JN~NOV~BER, AND ~MOVED TO OUR STOOGE FACILI~ IN J~UARY. WE $0.00 m , DON'T DO MID S~SON SERVICE UN'SS DANGEROUS r COND~IONS APPLYAND ~ W[LL BE CORRadO AS SOON AS POSSIBLE. ~ ARE TN ~E~ISP~Y BUSINESS ONLY, AND DO NOT DO ANY ELECTRICAL WO~ OTHER ,THAN PLUGGING INTO ~JSTING OUT~ETS. FREIGHT FREIGHT F,O.5'. HICKORY $225.00 T,~ ~ $2[696,25 $225.00 "THE CHRIS.AS PEOPLE" POST OFFICE BOX 1007 TAVARES, FLOR/DA 32~8 1-800-9~-7937/352-~3-5899 I F~: 352-34~0~ ~ C~RKSCHRfS~AS. CON RRENCE MOORE BA~TIAN CiTY OF ~iN STREEt 561-589-5570 Qu~ons? Please Quo~ Number: I_REF___: POLE MOUNT POLE TRim POLE TRIM 352-343-01B4 p. 3 PROPOSAL SALES - LEASE ~ INSTALLATION TERRENCE MOORE SEBASTIAN CITY OF 1225 MAIN STREET Sebastian, FL 32978 call Lee Clark Quote Expires on: 11/2/2002 213 El:E~J,S~M~¢~2 Price $135.00 $30.00 $105.00 SSTL 48 SSTL 4g SSCT 14 SSTL lg LESS INSTALLATIO _,1 Desc.ri fij~_f~o~L POLE DISPLAYS FOR US t i {I LIGHT POLES TO BE DECORATED WITH A COMBINATION OF 7' TO ;3' HOLIDAY DISPLAYS, WHICH CAN! INCLUDE1 STOCKINGS, SOLDIERS, 4'-5' WREATHS, CANDLES, AND A VA~.IETY OF TREES. C~RLAND POLE TRIM TO ACCENTUATE POLE MOUNT DISPLAYS POLE DISPLAYS FOR INDIAN RIVER DRIVIE~ GARLAND POLE T~IM TO GO ON EVERYO~HER DECORATIVE L LAMPPOST ON INDIAN RIVER DR. (COLOR,S: RED, GREEN, AMBER) AFFIXED TO TOP OF POLE WILL BE2 PREMIER BOWS. BOW ARE A HEAVY' DUTY VELVET REINFORCED WITH ~fESH WIRE TO HOLD SHAPE AND FORM, BOWS ARE RED [N COLOR AND TRIMMED WITH GOLD, ¢VATTS) ;125WATTS) (t130 WATTS) -'OR CFi'Y HALL & POLICE ~lEO WREATHS FOR THE CITY $1,410.00 $705.00 $170.00 ($2,148.00) $150.00 HOLIDAY DISPLAYS FOR PARK AREA 11' X 8' ANIMATED SANTA W/SLE!GH (1450 10' X 14' ANIMATED REINDEER IN FLIGHT ( $.5' W X ~.5' T ELF HOLDING PACKAGES 4' X 4' S[LHOU~ I I k: GIFT PACKAGE (56D W Subtotal LONG TIME CUSTOMER DISCOUNT -15% SERVICE OF BUILDING FRONT WREATHS THE INSTALLATION OF 4 CUSTOMER OW N/REMOVAL HALL AND POLICE STATION FOR 2002 SE~, BON. STORAGE ANNUAL STORAGE OF CUSTOMER OWNE :) DISPLAYS. $24.00 TAX TOTAL ANNUAL LE, kSE Extend $87'0.O0 ' $4,410,00 $I,410.00 $2,820.00 $385.00 $510.00 $14,320.00 (82,148.00) $600.00 $96.00v' $12~868.00 ALL MATERIALS IS GUARANTEED TO BE AS SPECIFIED. ALL WORK TO BE COMPLE]'ED ]N A PROFESSIONAL MANNER ACCORDING TO ~"~ANDAR9 PRACTICES. ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATION INVOLVING EXTRA COSTS WILL ~E EXECUTED ONLY UPON WRITTEN ORDERS, AND WILL BECOME AN Eu~ZI'RA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AG6~EEMENTS CONTINGENT UPON STRIKES, ACCIDENTS Or DELAYS BEYOND OUR COt4TROL. OWNER TO CARRY FIRE, TORNADO AND OTHER NECESSARY INSURANCE. OUR WORKESARE FULLY COYERED BY WORKER'S COMPENSATION INSURANCE. 1 1 IS 0~' ll:OBa CI~r'k ,CLARK :SALI=S DISPLAY ilNC. "THE CHRISTMAS PEOPLE~ POST OFFICE BOX 1007 TAVARES, FLORIDA 32778 1-800-962-7937! 352-343-5899 / FAX; 352-343`01 VVItVI/V_ CLAR~mmmmmmmKS CHR/S TA/tA S. COM [~ LOCATION ~ ce R. Moore :BASTIAN CITY OF ~ MAIN STREET ~ an, FL 32978 ~ 561-38B-8203 561-58%0149 Questions? Please Quote Number, 220~215 REP. __Descr_~[~i~_L 3 YEAR THE LEASE, INSTALLATION REMOVAL~ AND STOP, AGE OF THE FOLLOWING HOLIDAY DECORATIONS:ITHREE YEAR LEASE i2002. 2DO3, AND 2004. SS 405 /25' HOLIDAY TREE, BASE SIZE B' STAR ISIZE 4' (260 C-9 LAMP) INFO DECORATIONS W~LL BE INSTALLED IN ~IOVEMBER, AND DREMOVED TO OUR STORAGE FACILIT~ tN JANUARY. WE DON'T O MID SEASON SERVICE UNLESS DAI~qGEROUS CONDITIONS APPLY AND THEY WILL BE CORRECTED AS SOON AS POSSIBLE. WE ARE IN THE DISPLAY BUSINESS O~LY AND DO NOT DO ANY ELECTRICAL WORK OTHER THAN PLUGGING INTO EXISTING OUTLETS. 352-3~3-019~ PROPOSAL SALES ~ LEASE ~ INSTALLATION Terrence R. Moore SEBASTiaN CiTY OF 1225 MAiN STREET Sebastian, FL 32978 tall Lee Clark Quote Expires on: 1112/2002 TAX TOTAL ANNUAL Price I Extend $0,00 ~ $0.00 $1,200,00} $0.00 $0.00 ALL MATERIALS IS GUARANTEED TO BE AS SPECIFIED. ALt WORK TO SE COMPLETED IN A PROFESSIONAL MANNER ACCORDING TO STANDARD P'~.C. TiCES. ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATION INVOLVING EXTRA COSTS WILL BE ~XECU"rED ONLY UPON WRFTTEN ORDERS, AND :¢VILL BECOME AN E. XTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO AND OTHER NECESSARY INSURANCE. OUR WORKES ARE FULLY COVERED BY WORKER'S COMPENSATION INSURANCE. $1,200. Q0 ~0~ Subject: Local Law Enforcement Block Grant Agenda No. O Z. 2.~ 2.. Department Origin: Police Department General Services: Date Submitted: 11/05/2002 For Agenda of: 11/13/2002 Exh/bits: Attachment "A' Items to Purchase ~ Attachment "B' Expenditure Rules EXPENDITURE REQUIRED: $1,112.00 AMOUNT BUDGETED: LLEBG $10,000.00 Match $1,112.00 APPROPRIATION REQUIRED SUMMARY The Federal Government is offering a Law Enforcement Block Grant in the amount of $10,000.00. The grant requires a local match of 10% ($1,112.00). There are some stipulations on the expenditure of the money. accordance with these restrictions, I recommend the purchase of the following equipment that is not included m our 2002-2003 budget but will be very beneficial in our efforts to enforce drag laws and enhance our homeland security efforts. SEE ATTACHMENTS A & B RECOMMENDED ACTION Move for the acceptance of the LLEBG funds in the mount of $10,000.00 and to fund the grant match in the amount orS1,112.00 fi:om the Law Enforcement Forfeiture Fund. The total of these funds are to be expended for the requested equipment listed on Attachment A. A'rTACHMENT A LLEBG 2002-2003 1 Audio Transmitter Repeater (Undercover Drug Enforcement) $4,000 1 Night Vision Instrument (Surveillance Drug Smuggling) $2,000 6 Shotguns, Semi Automatics (High Liability Drug Seizures) $3,000 Radio Equipment for Mobil Command Vehicle (Back Up System for Dispatch & Incident Command) $2,112 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 1. Project Title (Provide a b~ef descdptive fi#e, must not exceed 36 total spaces and characters) 2. prOject implementation period Start; Mamh 1, 2003 End: August 31, 2003 (Any exception te the predetermined project pedod must be justified and approved in advance by the FDLE) Title Address ~dress 0 Code Area Code/Telephone No. I SunCom Fax If subgrantee is participating in the State of Florida Comptroller's Office eledtrOnic transfer proqram, .reimbursement cannot be remitted to any other entity. 2. Vendor Number (Federal Employer Identification Number) 3. StaZ,:e Agency SAMAS # (Applies to State Agencies only) Local Law Enfomement Block Grants Program funds may be used for one or more of the Program Purpose Areas below which supporis drag demand reduction and eradication programs. Law Enforcement Suppod for. A. Hiring, training, and employing on a continuing basis, new additional law entomement officers and necessary support personnel (if funds are used to hire law enfomement officem, there must be a net gain over the unit of local government's, current appropriated budget, in the number of law enforcement officem who pe~orm non- administrative public safety service) in order to reduce illegal drugs in Florida. Paying overtime to presently employed Jaw enforcement officers and necessary support pemonnel for the purpose of increasing the number of hours worked by such personnel to reduce illegal drags in Florida. Procuring equipment, technology, and other material directly related D basic law enforcement functions) which will assist in reducing illegal drugs Jn Florida. Enhancing security measures in and around schools, and in and around any other facility or location that the unit of local government considers a special risk for incidents of crime so as to reduce illegal drugs in Florida. Subqr~nt Applicatten Peckaqe Section I11- Page 17 $FY20~3 ~ Local Law Enforcement Block Grants Program Florida Department of Law Enforcement Establishing or supporting drug courts. To be eligible for funding, a drug court program must include the following: 1. Continuing judicial supervision over offenders with substance abuse problems, but who are not violen offenders; 2. Integrating administration of other sanctions and services, which shall include: a. mandatory pedodic testing of each participant for the use of controlled substances or othe~ addictive substances during any pedod of supervised release or probation; b. substance abuse treatment for each participant; probation or other supervised release involving the prosecution; c. confinement, or incameration because of noncompliance w~fh program requirements or failure to show satisfactory progress; and d. prograromafic, offender management and aftercare services such as relapse prevention vocational job training, and job and housing placement. ~M:pUR~SE~REA ~ :: : . : , Enhancing the adjudication of cases involving violent offender~, including cases involving violent juvenile offenders. For the purposes of this program, violent offender means a person charged with committing a Part I violent crime under the Uniform Crime Reports. Establishing a multi-jurisdictional task fome, particularly in rural areasl composed of law enforcement officials representing units of local government. This task force will work with federal law enforcement officials to prevent and control crime in order to reduce illegal drugs statewide. Establishing crime prevention programs involving cooperation between coromunity residents and personnel to control, detect, or investigate cdme or the prosecution of criminals as it relates to illegal drug reductior in Florida. Defraying the cost of indemnification insurance for law enforcement officers. ~EE,!G!BEE,,USE,OE~EUNDS,. , . ..... The following items may not be purchased, leased, rented or acquired with funds provided under the Local Law Enforcement Block Grants Program: 1. Tanks or armored vehicles 2. Fixed-wing aircraft 3. Limousines 4. Vehicles not primarily used for law enforcement 5. Yachts 6. Real Estate 7. Consultants Suberent A=plication Packaqe Sec#on gl - Page I8 SFY 20F~ Subject: Motorcycle Trade A~r/~_ by:City Manager Terrence Rf'-~o'ore Agenda No. 02.2f]_.3 ..... { Department Origin: Police De~parmaent General Services: -t:~.~,~z~___. _ Finance Dept~_~. ~_/~:~~_-- -- Date Submitted: 11/06/2002 For Agenda off 11/13/2002 ExMbits: EXPENDITURE REQUIRED: { AMOUNT BUDGETED: { APPROPRIATION REQUIRED: sas.oo I ma5.oo { sas.oo SUMMARY An agreement between the City of Sebastian and Ft. Lauderdale Harley Davidson allows for an annual trade-up at no cost to the City. As the new model year of motorcycles becomes available, they will transfer the equipment from our 2002 motorcycle to a new 2003 model. Our current motorcycle is a 2002 Harley Davidson purchased November 30, 2001 from Harley Davidson of Ft. Lauderdale at a cost of$16,069.35. The 11.5 months depreciation is $3,079.96. Net value is $12,989.39. The retail value of the 2003 motorcycle is $15,000.00. Some equipment purchased with the 2002 model will be transferred to the new motomycle. The City will bear the cost of $35.00 for title transfer. RECOMMENDED ACTION Move to authorize disposal of the 2002 Harley Davidson motorcycle by trade-in for a 2003 motorcycle at no cost from Ft. Lauderdale Harley Davidson Subject: Purchase of Police Vehicles Department Origin: Police Department Genera] Services: Finance Dept~: Date Submitted: 11/07/2002 For Agenda of.' 11/13/2002 Exhibits: Florida Sheriff's Association Bid Document EXPENDITURE REQUIRED: $92,OOO.OO AMOUNT BUDGETED: $96,700.00 IAPPROPRIATION REQUIRED: SUMMARY The Police Department requests to purchase the following vehicles as listed in this years budgeting process: 3-2003 Ford Crown Victorias, police pursnit vehicles, fully marked as patrol units. 1-2003 Ford Crown Victoria police pursuit vehicle unmarked traffic unit. These vehicles will replace units that have been determined to be cost prohibitive to continue in active service. Price quotes are from the Florida Sheriff's Associatinn Bid Award 02-10-0826 State Wide Bid f°r the Yesr 2003 new vehicles. Copies of bid quotes are attached. The total cost for the four vehicles is $92,000.00 RECOMMENDED ACTION Move to authorize the purchase of four 2003 Ford Crown Victorias from Dural Ford at a total cost of $92,000.00 in accordance with the Florida Sheriff% Association Bid Award. SENT BY: DUVAL FORD ~0~ 8ALEB; gO43B788t 8; FLORIDA SHERIFFS ASSOCIATION ,& FLORIDA ASSOCIATION OF COUNTIES ~pE.c!I~ICATION #01 - FULL SIZE YEHICLE REAR WHEEL DRIVE Base Specifications F01~D CROW~I VICTOI~.IA (POLICE PACKAGE) 4-DOOR ~ ALL ITEMS FACTOIUt' III'STALLED UI~LESS OTHERWISE INDICJ~TED a, Gasoline engine, V8 minimum 4.6L b. Sequential fuel h~Jec~ion. c, Oil cooler (e~aernal). d. Mln/mum alternator s/ze of 130 AMP. c. Maintenance free heavy-duty batlery 730 CCA, 78 AMP-HOUI~ 115 minutes RC. £. Hoa~n/~duty cooling package, larger radiator {r. hree core) wilh viscous clutch seven blade fan or heavy-duty .electric fans. Includes h~a'~y'du~ transmission oU coo~cr hatcgral With. radl,'~tor, a, Four speed heavy-duty auLoulatic ~tlth overdrive tr~nsmission, must have a low Rear blockout or electronic: equlwalenl, to prevent manual downshi£t to first ~ear. Transmission oil cooler must be factory installed. Ileavy-duty rear axle. manufacturer mt~st wcet standard pursuit ratio wiLh an 8,5 h~ch ring gear, a. Power steering designed for pursuit vehicle, powel' ekcerhag fluid cooler (~xt~rnal). Factory hastalled. b. Gauge Cluster; speedometer certllted 2Ml'q'l lncremer~ts 0 to 120 M'PPI, with a t. tip odom- eter, oll temperature, volt-gauge and backup warning lighl:. c. 5" round dome lamp between e~nvisors. Bid Award Announcemerti (02-10-08~6) 33 SENT BY: DUVAL FORD, . ~DVT SALE~; gO~3~7~Bi~; 0CT-28-02 4:~TPM; PA~E 2 Base #01 - ~[1 E~ize Pursuit Veh~le (RWD) a. Air oondi~loxfiz]g with 134A system with wide open throttle cutoff and head prcasuro r~lief switch. b. Tinted glass all around (HO'I'E: factory tint). c. Trunk opener, electric, remote unit loc. arian. d. Keys: two (2} per vehicle, single key locking system (each vehicle keyed differently). Third key optional. ,~c. Manul'aCturer's stab)doral A1VI/FM radio. f. Sound insulation pacliage {11' available). ,,-g. Robber heavy-duty floor covering. h. Power door locks, facW~'y installed. 1. Power windows, iactory installed. ~ J. Cloth front bucket scats a~ld cloth rear bench seat. a, I~our wheel a~fl-lock brake AiBS systcrn. With scml-rnetalllc fade reSistant brake pads designed for police pursuit work. ?. a, Tires, speed rated V. p225/60VR16 SBH Blackwall All Season with full size spare tire, Spare should also be mour~ted on heavy-duty minimum 7" rims. h, Manufac:urer's standard production wheel covers. a. Wheelbase 114.4' minimum: 115.9" maximum, b. Rear ~eat hip room mLr~Lmum 56.9". c. Trunk volume minimum 20.4 cubic feet, d., Manufacturer's standard colors, factory painted. Colors to be dctermined by Individual agencies, ~:. Factory front and rear door molding, f. Mamdacturor's standard fuel tim~k. In addition to equipment specified, vehicle shall be equipped with all standard equipment as speCified by the manufacturer for this model and shall comply with all EPA Emission Stan- dards m3d all Motor Vehicle Safety Standards a~ established by the U.$, Department of Trans- portation regarding the manu/acture of motor vehicles. The socoessful b~ddcr shall be responsible for delivering vehicles that are properly serviced, clean and In £u'st c3ass operating condition. Pre-delivery sor~io~, at a mirlirnum, shall include the following: a. Complcte lubrication. b. Check all fluid levels to a.s~re proper fill. c. Adjustment of engine to proper operating condition. d. Inflate t~res to proper preastire. c. Check to assure proper operation of all accessories, gauges, lights, and mechanical features. f. Focusing of headllghe, s. g. Cleaning of vehlcle~, if necessary, and removal of all unnecessary tags, stick.s, papers, etc. DO NOT remove window price sticker or supplied line sheet. 34 Bid Award Announcement (02.10-0826) 9ENT BY: DUVAL FORD ~OVT gALES; gO4~a768t6; 0CT-28-02 4:57PM; PA~E 3 -~ COUNTIE$ /': "': ' FLORIDA SHERIFFS ASSOCIATION____ & FLORIDA ASSOCIATION OF COUNTI J 2003 FORD cROWN VICTORIA Specification #01 (Pursuit - EWD) standard equil · a~d FSA's bnsc v~lclc spec~ca~on{s) ~e Fo~d C~wn Victoria p~h~ed ~ougb ~s co~ct comes wl~ ~ --~ed v t e.m~ufacturcr for ~[s model .... hiale ' p~c~ as a~ed by specie'on 'as ~p~ .... b: ~_ ~ ~-de a ~ of t.hi5 contrac~ s *~ ..... base _ ~: ~ Western ~ No.em ~Co~ ~ ~E p~CE: 819,448.~ $19,411.~ $19,420,~ $19,~8.00 ~e ~e Florida 8hc~s Associa~on ~d ~e Flo~da ~ocia2on of CounOcs have a~tCm~ted by p~cipafi~ ~cncics for ~ lden~ ~d include ~osc equipmcnt i~ms most o~c~ rcqu~ted agen~ to age~. s~ ve~ieles, we ~ equipment needs ~d preferences ~ gomg to ~ from In ~ ~o~ l~ inco~rate fl~bfli~ into our pro~, we have ~nted specie add/delcte options w~ch ~low ~c pu~hascr W ~lor ~e vehicle to ~r p~Cul~ w~m or needs. Thc fo~o~g equipment delete ~ add op~ons ~d ~e~ related cost ~e pl~ded h~e to assist of ~u ~u vehicle[e) you ~sh to o~er ~rou~ ~is pro~. you In app~~ati~lg the tot~ coS~ eq~pment ite~ you ~ deiced fwm ~e base ~t 5~ply dedu~ ~e cost of a~y of the fu~o~ng of ~Y equipment l~ms you ~sb added to ~e b~ ~it cos~ to det~c cost ~d/or add ~e cosl ~c ~c velfl~e{~) you ~h to order, ~e appr~ate cost of NO~: An o~ Iis~ of ~1 add/delete op~ons ~d ~elr p~cus should be ob~ed from appropriate de.ur lo your zone when p~p~g ~ur order. Addition~ udd/del~,e options ~an ~ose lasted he~ may be a~able ~rou~ ~e dealers, however. ~o~e listed ~ mu~t. be honored by ~e de~cr~ ~ your zone at the e~d pscem 'k = Spcatflc~Uon Low Bid 35 Bizi Award. Annottncemen~- {02-10-0826} SENT BY: DUVAL FORD 00VT SALES; gga3876818; 0CT-28-02 4:59PM~ PAGE VEHICL,~: DE, AIdER: ZONE: BASE pRICE:: CroWn 'v'tc CroVm ¥1c Crova~ Vic Crown Vic McCotter Du~ Don ~ McCotter W~stem ~ No~c~ ~ Oen~ ~ Sou~cm $19,~8.00 $i9,411.00 $19,~20;00 $19,44~.00 Order Code 5BB Delete Options AM/FM radio Western Northern Cc~tral Southern $ BO.O0 $ 50.00 $ 20.00 $ 80,00 code 68? 65W 642 45C 96C 128 5lA 51A-D 36 Add Opttoas polioe prep package $ 1,995.00 Visibility package $ 995.00 (Requires 68P) Full wheel covers $ 45.00 AM/FM cassette r~dlo $ 185,00 Llmited slip diffcren0al $ 95,00 Heavy duty padded cloth S 65.00 bucket front seats with rear ~inyl bench seat CIol3t split bench $ 155.00 Driver seat only - 6 way $ 765,00 power l~0f- reirfforcement $ 70,00 Rea~ deck warnin§ lights ' $ 210.00 red end or blue, flashing A~cessory feed wires for $ 45,00 police equipment Roof wiring with hole' $ 150,00 Roof wirhlg ~vithout hole $ 105.00 Front door moldings NC {installed) Carpet {installed) $ i00,00 Light; safety alternate /5 210.00 flashing 4" red/blue mounted underside of deoklid - dealer ins~llalJon acceptable Left-hand pillar mou~ted 6" spotllgttt with clear halogen bulb,/actory ins~ll~:d Dual pillar mounted 6" spotlightls) with clear halogen bulb, factory inat~led · Left-hand pUlar mounted· 6" spotlight with clear haloltcn bulb, dealer 170.00 340,00 l~orthern Conic'al ~,ot~thern $ 1.995.00 $ 1,995,00 $ 1,995.00 $ 995.00 $ 995,00 $ 995.00 45,00 $ 30.00 $ 45,00 165.00 $ 76(1.00 $ 155,00 95.00 $ 95.00 $ 95.00 65,00 $ 65,00 $ 65.00 90.00 S 90.00 $ ]55.00 .~.F~_~ $ 615.00 S 765.00 70,00 $ 150.00 $ 70.00 198.00 $ 199.00 $ 210,00 $ 695.00 Std. $ 45,00 150.00 S 150.00 $ i50.O0 NA $ 150.00 $ 105.00 NC NC NC $ 100.00 $ 100.00 $ 100,00 $ 196.00 $ 199.00 S 210,00 170.00 $ 170.00 $ 170.00 _ $ 340,00 NA $ 270.00 $ 270.00 NA Award Announcement {02'10-0826) sENT BY: DUVAL FORD 60VT SALEB; g043876816; 00T-28-02 4:68PM; PAGE B/g CroWn Vic Crown Vic CroWn Vic Crow= Vic VEI~CLE: MeCottcr Duval Don ~id McCo~cr ~: $19,~8,00 819.411.00 S19,420.00 $19.445,00 ~ ~CE: . Or~ler a~/[ Options ~ door locks & h~dles $ 20,00 tnopcraO~ 948 ~ ~d~s mop~a~v~ $ 20.00 525 Speed con~ol/~t wb~l $ ~15.00 St~et appe~ce ~up $ } 50.00 $ 78.00 D~Y Th~ R~ Remo~ k~l~s en~, may 8 235.00 be de.mr ins~ed, V~t ~som - s~ck-on s~lc $ 83.00 ~tn~ields - fl~ge s~le S 99.00 . 5, 300,00 177 StEcone hoses $ 100.00 A~ fu~ b~ck $ 7D.00 5~M ~d~ nois~ suppression · $ 119.00 D~ $ 15.00 478 Co~Y ~t disabled $ 60.00 ~1~ [~l~on po~d button, f~W~ ~s~Ied 60;00 61II-D Igni~ ~wer~d button, de.er ~DML Re~g~ble m~ li~t $ 140'00 Cl~S I~ htlcb $ 4o,o0 $ ~.00 ~c~g g~ ~P NA Natural gas ~e 4.6L NA E~ended ~e CNG ~s $ 450,00 ~o-tOn~ pa~t ;~. ~ s~./bat~ saver $ 99.00 Push b~Pe~ (5~, $ 235.00 ~h~o or ged~ffi ~. Vista 5~obe/ $ t,873.00 Features; 8 p~ s~obeS, 4 ~D flashe~ rc~ facing, 2 LED ~h~ ~ont facing, ~nter h~ogen pA4005S s~n ~ ~ht ~n~Oll~, ~ b~:. Out of 6 ~D flashers, 2 ~Y b= blue. D~ler Northern Central $.uthem 8 20,00 $ 45.00 $ 20.00 $ 20.00 $ 20.00 $ 20,00 $ 215,00 $ 215,00 $ 215.00 $ 150.00 $ 155.00 $ 130.00 S 78.00 $ 95,00 $ 78,00 $ 347.00 $ 395.00 $ 235.00 $ 78,00 S 95.00 $ 83.00 $ 62.00 $ 125.00 $ 99.00 $ 300,00 6 300,00 $ . 300,00 $ 133.00 NA $ 100.00 $ 70.00 $ 70.00 $ 70.00 $ 104.00 ~ 125.00 $ 119.00 S 15.00 $ 15,o0 $ 15.00 S 60.00 $ 60,00 $ 60,00 60,00 50.00 $ 60.00 119.00 $ 184,00 $ 140,00 325.00 $ 395.00 $ 395,00 40.00 $ 40.00 $ 4~0.00 129.00 $ 175.00 $ 139,00 38.00 NC $ 65,00 4.760.00 6 5,560.00 NA 2,685.00 $ 2,695,00 NA ,450.00 $ 759.00 $ 450.00 244.00 HA $ 99.00 256.00 $ 295.00 $ 236.00 $ 2,295.00 $ 1,873.00 $ 1,963,00 37 BENT BY: DUVAL FORD ~OVT SALES~ g043876816~ 0CT-28-02 4:BSPU; PA~E 6/g O~ler ~od~ 35 CroWn Vic C~3wn Vic Crovm ¥lc Crown McCotl~r D~V~ Don ~i8 M~otter W~stem W No~m ~ C~I ~ 5ou~em $19,448.00 819.411,00 $I9,420;00 ~19.~48.00 Add Options {cont'd) Western Federal All Light 5t. reethawk $ 1,483,00 Ligh~bar, with PA400SS combined sire.n/PA, light co~oller & dynamwc speaker with bracket. Features: 5 rotators, intersection clearing Ughls, 2 front t~ashlng lights, 4 mar flashing lights, takedow'rl a.~d alley light, s, Dealer installed, Federal Smartvector $ 1,805.00 Llghtb~r, with SS2000SM smart siren/PA with signalmaster control, with Dynarnax speaker wtth bracket. Features: 4 rotators. 2 strobes. 2 flashers, and an ii lamp algnalmaster. Dealer installed. ~helen 47" Edge' Ultra $ 2.210.00 Sones Strobe/LED/ Halogen Ltghtbar. F~atures: 12 prm~ary strobes, 2 front factng lED flashers, 2 rear [acing tED flashers, 2 takedoWn lights, alley lights, bUilt-in traffic advisor mode, blink control trait with light controls and ah-~n aroplgler / controlle~, speaker with bracket, Out of 4 lED flashers, .2 may be blue, Dealer h-~stalled. Whelen Edge 6-Strobe $ 1.387.00 Light.bar with WS2100 ful~ feature siren/PA, PCC6R switch co~/wol tll~tt SA3 ! 4 speaker with bracket, Fealllres: 2 allcy$~ 2 take~ downs with flash fcature, and 2 rear halogen ilasher~. Dealer l~stalled. Narther~ Cantr~l ~outha~n $ 1,573.00 $ 1.795.00 $ 1,483.00 $ 1,895.00 $ 1,990.00 $ 1,805.00 $ I1,165.00 $ 2,495.00 $ 2,210,00 $ 1,437-00 $ 1,549.00 $ 1,31~7.00 t3id. Award Artnouncerr~rtt (02-10-0826~ BENT BY: DUVAL FORD ~IOVT SALEI~; gO43BTBi~lB; Cr~ Vic Crowu Vic Vic Crown Ytc Dor~ l~eid McCotter McCo~er Duv~ ~ Westin ~ No.em ~ Ccn~ $19,448,00 S19.411,00 S19;~20.00 $19,~8.00 Ozder Add OptloriS [confd) Western Northers Central 5outhcrr~ ,W. helcnF;,~tge12.stmhc $ [,7&5.0~ S L?96.O0 S L990.00 ~ L74S.O0 Lt~tb~ ~ mul~pte power supphcs, ~ 29~H~6 comb[ned PA ~d II~ht controller S~ 14 speak~ ~d brackek F~t~s: s~e sct of ~edo~5 ~d all~ 2 ~ar hMogcn flashers. 1,959-00 De~cr tn~lled. Code~rcc. s~bc/~oge~S 1,959.00 S 2,135,00 $ 2.195,D0 $ ~gb~. Fcatu~s; 4 upper s~obes, 3 fast ~to~. 2 takedo~ light, 2 all~ ~, 2 front h~og~n fi~b~s. 2 rear h~og~ flashes, X ~ ~terseC~On s~o~s, ~dcoat l~nscS. m~ster~m ~ ~d ~ght wl~ bra~ct. De.er Cod~r~ ~ 5~ob~ ~ 1,695.00 $ 1,885.00 $ 1,995.00 f~res: 8 p~ s~bCS, ~ghts, 2 ~edo~ ~hts, 2 re~ halogen ~ ~921~ comb~ed s~n/PA & light co~o~er a SL 100 spca=' w~ brack~, D~r l~lcd. Co~e ~7000 5~~ $ ~ ~ 1,885.00 5 1,855.00 $ 1,995.00 Llghtb~, ~ 5 rota~r~, ll~h~, ~ and ~, 3892~ ~mbined a~n/PA & l~t con.oiler & SL100 spewer ~ brac~. De. CC ms~l~d, Se~a ~ 1.0 S~ ~ $ 560,00 $ 558.00 $ 595,00 $ 5~.00 fu~ ~d~ Iowe~ ~nsWn p~el, D~ler ~s~led. $ 1,695.00 Bi~ A~rd Ann°uncement (02.10-0tl26) 39 BENT BY: DUVAL FORD ~OVT Crown Vic Crown Vic Duva~ DOn ~eid Northern ,~ Central $19,411.00 Slg,4Z0;0O Crovm 'Vic McCotter · ~- Sou~em $1@~445.00 o~der Co~ Add Options (¢or~ Western Pro-Oard P2200P Se~es S 560.00 Polyc~-bonal~ C~c ~ ~ing ~do~, ~cl~ M~ 4-Co~er $ 369,00 S~obc System ~ cables as req~d, 4 de~ tubes ~d ~S600 5 outlet power supply. Dcale~ ~mlled. Fed=~ Model ~Comer $ 369.00 Strobe Sys~m with cables as requital. 4 cl~ tubes ~d SPS~ 6 ou~=t p~ supp~. De.er G~I1 strobes ~elen, $ 369.00 Federal or approved equi~lenfl R~ ~w ~or s~obes $ 369.00 ~elcn, Fede~ or approved cq~ent) E/Z ~ER E/Z l~der K-9 Container. $ 1.694,00 ~1 ~um ln-Vehl~c (~ar s~at ~a) Co~er W protect pubic, o~cer, K-9, vehlct=. ~sc ~ehicle ye~, modcL C~I shipping, ~d/or de~v~ p~ces. $ 5B1.00 R.E,S.C.U,E, ~E.S.C.U,E, Elec~o~c Remote ~ Door Opc~g sys~m to be used E/Z ~d~ R-9 Co~n~. ~o~ ~e office~ to r~ease ~c g.9 ~om the v~lcle from a remO~ positi,on. COO~G coolGu~ Hcat ~am 5 510.00 System K-9 vehicle, W~s officer when d~e~usly ~cmpe~tures ~e ~c vchtclc. l~orth~ Oentrsl Southern 569,00 $ 595.00 $ 560.00 $ 3~4.00 $ 595.00 s 369.00 $ 414.00 395.00 $ 369.00 273,00 $ 295.00 $ 369,00 273.00 $ 350,00 $ 369.00 1,494,00 $ 1,995.00 $ t;694.00 $ 58t.00 $ 595,00 $ 58L00 $ 535,00 $ 595.00 $ 510.00 40 Big Award A nnouncerrm'nt (02-1t 0.08261 SENT BY: DUVAL FORD GOVT SALES; gO43B76B16; OCT-2B-02 4:sgP~; PAGE g/g · F~I~ICL,~;: Crow~ Vic Crow~ Vic CroWn Vic Crown Vic D ,~%I,F, II: McCottcr Duv~ Do~ ~td McCot~r ~O~: ~ W~St~ ~ No.em ~ C~n~ ~ sou~em ~E ~C~: $19,~8.00 $19,411,O0 8191420;00 819,~8~00 Ordcr Code 85A 4lA 59C 553 DSM Add Options IcoM'd) Wester~ Basic polic~ prep. pkg. $ 695,00 Corn[crt 6[ convenience f~ 760.00 Power adjustable pedals $ 120.00 Traction con~'ol $ 175,00 C~mplcte set of shop $ 236.00 manuals ~ 5/75 Me. nufacturer's $ 3,495.00 E, xtcnded Base Car~ Wan'anty ($0 clcductible) sm~ ~ 1057 . ~/75 Ma~ufa~turcr',~ $ 4,485,00 Extended Extra Warra, nt7 ($0 deductible) 5/75 Manu fa ~,turcr's Extended power Train warranty lSD deductible) $ 2,495.00 Northern C©ntr~ Bout. hera $ 760.00 _ _ $ 120.00 -- 8 175.00 $ 325.00 $ 295.00 $ 236.00 $ 3.495.00 $ 3.495.00 $ 3,495.00 4.485,00 $ 4.485.00 $ 4,¢85.00 2,495,00 $ 2.495.00 8 2,495.00 41 HO~V~ OF pE.~Ic.j~ Cit f Sebastian, Florida Subject: Authorize the City Manager to execute an Agreement between the City of Sebastiar~ and Kirkpatrick Pettis for Financial Consultancy Services. Exhlbits: AgendaNo. ~.2.2.95 Department Origin: Finance~,._~ Date Submitted: November 6, 2002 For Agenda of: November 13, 2002 *_~.~Agreement between the City of Sebastian, Florida and KJrkpatrick Pettis EXPENDITURE I AMOUNT BUDGETED: AP~RIATION REQUIRED: N/A N/A 1 REQUIRED: N/A SUMMARY During the course of various Citywid~ initiatives that are on-going and possible upcoming opportunities, such as results from the Stormwater Master P/an, it will be necessary to extend finance staff capabilities, similar to engineering services, for determining financial alternatives, exploration of various financing methods, analyzing projects and project feasibility from a financing perspective and assistance and advice as to the structuring of Obligations of the City. Jeff Larson, the Senior Vice-President of Stifel, Nicolaus & Company, Incorporated has left the Hanifen Imhoff Division of this company and joined Kirkpatrick Pettis a division of Mutual of Omaha. The firm of Kirkpatrick Pettis is another well known firm providing the same services as Ham fen knhoff. When the City contracted with Hanifen Imhoff on September 13, 2000, it was due in whole to Jeff Larson as the provider of the Financial Services. As the Council will recall, the refunding of the Golf Course bonds provided the City with additional funds without additional cost for the purpose of upgrading the golf com'se. This refunding was a very smooth operation that was due in large part to Jeff Larson as the keystone of the operation. Therefore, staff feels that, although Mr. Larson has moved to another firm, Mr. Larson's intimate knowledge of the City and its future plans will further our goals and objectives as opposed to going through the same exercise of briefings and education with another advisor. It is staff's recommendation that we maintain the same relation with Mr. Larson and his new firm as we did with the old. Also, please note that the fees and hourly charges are the same with the new agreement as with the old agreement. Therefore, staff is presenting a five year agreement with Kirkpatrick Pettis, with Mr. Larson as the cornerstone of the agreement, to provide Financial Services to the City on an as needed basis and terminate our agreement with Hanifen Imhoff effective the same day. ..RECOMMENDED ACTION Move to authorize the City Manager to execute the Agreement between The City of Sebastian and Kirkpatfick Pettis and to terminate the existing agreement with Hamfen Imhoff. Kirkpatrick Pettis 1025 S. Semoran Bird Suite 1093 Winter Park, FL 32792 407-681-7714 AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA AND KIRKPATRICK PETTIS THIS AGREEMENT made and entered into this __ day of November, 2002 by and between the City of Sebastian, Florida (herein called the "City") and Kirkpatrick Pettis (herein called the "Consultant). WITNESSETH: WHEREAS, the City has determined that it is in its best interest to retain a financial consultant to advise the City with respect to certain financial, capital planning, budget, project analysis, and investment matters; and WI-IEREAS, the City has determined to retain the Consultant; and WHEREAS, the Consultant is well qualified by experience and capability of performing such financial advisory services; and WHEREAS, the Consultant is desirous of providing financial consulting services to the City. NOW THEREFORE, the City and the Consultant agree as follows: A. TERM OF AGREEMENT: The term of this Agreement commences the date of acceptance and continues until November 1, 2007 unless otherwise extended by mutual agreement. Thereafter, the contract shall automatically renew for successive three one-year terms. B. SERVICES PROVIDED BY THE CONSULTANT: The services to be performed by the Consultant on behalf of the City shall include financial consultancy services requested by the City including analyses of financing alternatives; development of an operating, capital, and/or strategic plan; project analysis and project feasibility; exploration of various financing methods; assistance with City investments; assistance with selection of bond counsel and disclosure counsel, assistance with selection of other project consultants, and AGREEMENT CITY OF SEBASTIAN, FLORiDA 2 assistance and advice as to the structuring and marketing of Obligations of the City. GENERAL SERVICES As requested by the City, attend and/or make presentations at public and staff meetings. Review the City's capital improvement plan/budget and assist in developing a strategic capital financing plan. This would include current projects and future needs of the City. INVESTMENTS As requested by the City, attend and/or make presentations at public and staff meetings. 2. Provide ongoing assistance to the City with its investment needs. Assist in developing and implementing (a) an investment strategY for proceeds from any financings and other funds available to enhance overall financing plan and (b) general investment plan of the City. FINANCINGS/REFUNDING/LEASE FINANCINGS If bonds, notes, bank debt, capital leases, or other debt instruments or leases ("Obligations") are sold and delivered by the City, the Consultant shall perform, but will not be limited to performing, the following services. Advise and assist the City in structuring bond or bank debt financings in accordance with the City's financing needs and capital program. The Consultant will also assist the City in the review of any financing or leasing proposal. This includes determining the principal amount of issues, establishing maturity schedules, analyzing the feasibility of various features such as calls, puts, premiums and fixed or variable rates, advising as to method of sale, and determining the timing of the sale. If applicable, assist the City in the presentation of material to any potential bank lenders or lessors, and assist with any negotiations with banks or lessors in the arrangement of any bank debt or lease obligations. 10. AGREEMENT CITY OF SEBASTIAN, FLORIDA 3 Prepare time schedules with bond counsel and disclosure counsel coordinating actions of the financing team, if appropriate, to assist the City in meeting its objectives and needs. Review, in cooperation with the City's bond counsel, bond resolutions and other legal documents necessary for the successful issuance of Obligations. Review all other materials for official bond documents, bank debt or lease related documents prepared by City staff, auditors and consultants. Assist the City nd C~ty s counsel m the preparation of validation proceedings, if applicable, and attend and testify, if requested, for the City as an expert witness on the plan of finance. On Bond or lease purchase financings, assist disclosure or underwriter's counsel in the preparation of the preliminary official statement and final official statement in cooperation with the appropriate City officials and City counsel in conformance with full disclosure and continuing disclosure guidelines and requirements. If applicable, supply the necessary information to communicate with the major bond rating agencies and/or bond insurers or other providers of credit enhancement to obtain the best possible rating on City Obligations Of such rating or credit enhancement is determined to be in the best interest of the City and its financing program). Assist in negotiations/presentations to the rating agencies, bond insurers, investors, or financial institutions, as applicable. If applicable, and for bond or lease purchase financings, assist in developing bids to obtain costs for printing for the preliminary and final official statements, bonds and other printing requirements, as well as evaluating such bids and arranging for the printing thereof. Assist in developing and evaluating bids for registrar, paying agent, escrow agent or trustee as these services are required. Assist in restructuring or refunding any existing Obligations and the negotiations involved therein, including any work associated with obtaining debt service reserve surety insurance, underlying ratings, etc. 12. If the Obligations are to be sold by competitive public sale: 13. 14. AGREEMENT CITY OF SEBASTIAN, FLORIDA Assist the City counsel, bond counsel and disclosure counsel in the preparation of a notice of sale, bid form and other materials necessary to market the obligations and arrange for the necessary advertisements in The Bond Bu~ and other publications that will help promote the sale. Assist in distributing the prelim/nary official statement to a large list of municipal bond underwriters and potential institutional purchasers, and take such actions as deemed necessary to help develop market exposure of the Obligations. c. Assist the City at the time of the public sale including evaluating all bids for compliance with bid specifications, verifying the true interest cost of bids received, and making a recommendation as to the award of the Obligations in the best interest of the City. If Bonds are to be sold by negotiated sale to a firm other than the Consultant (see Section F. Conversion to Underwriting Agreement, below), or bank debt or lease financings is arranged the Consultant will: Assist in developing and distributing Requests For Proposals ("RFP's") or Request For Qualifications ("RFQ's") for either underwriter(s), bankers or lessors and evaluating such proposals for underwriter(s), bankers or lessors. Assist the City in the evaluation of the underwriter(s) or bankers bids in relation to interest rates, gross spread, alMn-cost, terms and covenants. Any bank or lease proposal will be compared with other options available at that time. Assist the City in any negotiations regarding the underwriters' bond purchase contract, bank documents, or lease financing documents. This includes providing current market information for the Consultant's operation. Arrange for the signing and delivery of the Obligations to either the underwriter(s), bankers or lessors and assist in other arrangements for a successful closing for the Obligations. 4 AGREEMENT CITY OF SEBASTIAN, FLORIDA 5 COMPENSATION TO CONSULTANT: ,,C.1. BOND OR LONG-TERM LEASE PURCHASE ("COP") FINANCINGS The City shall pay to the Consultant a fee in accordance with the following Fee Schedule: $15,000 Fee for any issue up to $2,500,000. $20,000 Fee for any issue from $2,5000,001 to $5,000,000. $25,000 Minimum Fee for any issue over $5,000,000, plus $1.25 per $1,000 for ail bonds over $5,000,000. If the City receives a legal bid for the Obligations from a bona fide purchaser which complies with the bid specifications and offers acceptable interest rates, and thereafter, the City decides not to issue the Obligations, the Consultant will be paid the appropriate compensation as set forth in this Section C.1. C.2. BANK OR LEASE FINANCINC The City will pay to the Consultant a fee in accordance with the following Fee Schedule: $5,000 Fee for any financings up to $1,000,000. $7,500 Fee for any financings from $1,000,001 to $2,500,000. $15,000 Minimum Fee for any financings over $5,000,000, plus $1.25 per $1,000 for all financings over $5,000,000. The fees paid under both C.1. and C.2. above will cover the Consultant's professional services. In addition, the Consultant's travel, office, computer, communication and out-of-pocket expenses for engagements in Section C. 1. and C.2., will be reimbursed by the City following receipt of an invoice. Any City authorized out-of-state travel and related expenses will be billed at actual costs, and approved by the City on each financing. AGREEMENT CITY OF SEBASTIAN, FLORIDA 6 C.3. GENERAL SERVICES In addition to the financings noted above, the Consultant agrees to be available to advise the City from time-to-time as to budget/planning matters, financial planning, tax matters, economics, and community development, referendum issues, investments and long~range capital planning. If the Consultant assists the City in these areas or designs a capital improvement financing plan or strategic operating plan at the request of the City, the Consultant shall be paid on an hourly basis for al time expended by its personnel. The hourly rates shall be as follows: Senior Vice President: Vice President, Assistant Vice President or Senior Analyst: Associate or Administrative Assistant: Secretary/Receptionist $165.00/Hour $125.00/Hour $ 75.00/Hour $ 25.00/Hour In addition to such hourly fees, the Consultant's expenses will be payable by the City as set forth in Section C.2. OBLIGATIONS OF THE CITY: Provide the Consultant, without charge, copies of financial or planning documents, Council presentation material, engineering reports, bank and investment records, legal opinions and other pertinent disclosure or other documentation as the Consultant may reasonably require in order to provide services as outlined herein. Employ qualified City Counsel, Bond Counsel, and Disclosure Counsel; whose services in connection with the planning and preparation for the marketing of Obligations will be available to the Consultant. Pay all expenses relating to the issuance, sale and delivery of the Obligations including, but not limited to: Fees and expenses of Bond Counsel, Disclosure Counsel, City Counsel, auditors, bond registrar, paying agent, trustee, bank fees and expenses, lessor's fees and expenses, engineers and any other consultants and advisors necessary for the completion of the financing. b. Cost of holding elections, if applicable. AGREEMENT CITY OF SEBASTIAN, FLORIDA '7 Cost of printing and distribution of preliminary and final official statements and bonds, if applicable. d. Cost of preparing and placing required legal publications. Cost of obtaining ratings from the major rating agencies, including costs of any presentation thereto and fees and or premiums charged thereby. Cost of obtaining credit enhancement or bank or leasing facilities, including cost of any presentation thereto and fees and or premiums charged thereby. Any expenses relative to the validation process, including court costs, travel expenses, if any, and local advertising. Cost or printing, authenticating and delivery of the Obligations to the initial underwriter(s). i. Cost of closing, including travel and lodging for City officials. E. EXTRAORDINARY SERVICES Should the City wish other specialized services of the Consultant, such as debt capacity analysis, specialized investment portfolio reports, management studies, referendum campaigns, investment studies, or other similar programs, the Consultant agrees to offer such services available f}om the Consultant's operation on an hourly basis in accordance with the fee schedule in Section C.3. or as otherwise mutually agreed upon. F. CONVERSION TO UNDERWRITING AGREEMENT: Should the City desire to retain the services of Kirkpatrick Pettis as Underwriter to purchase Obligations at negotiated sale instead of acting in the role of Consultant, Kirkpatrick Pettis agrees to be retained as the Underwriter. Per MSRB rules, Kirkpatrick Pettis would resign as Consultant for that specific financing with a written letter provided to the City and serve as the City's Underwriter. In this event, it is understood that Kirkpatrick Pettis will receive no fee for services performed as Consultant following this resignation (other than reimbursement for travel and other out-of-pocket expenses incurred to date), will not act as agent or Consultant to the City on that financing, but will act as AGREEMENT CITY OF SEBASTIAN, FLORIDA 8 principal for its own account at the City's request in the purchase of any such Obligations offered and sold by the City. Underwriting fees would be established based on comparable fees for similar Florida municipal issues of that type and amount. G. REQUEST FOR CONSULTANT TO BID: Kirkpatrick Pettis, as the City's Consultant or Financial Advisor, will not bid on any Obligation advertised for public sale unless specifically requested to do so by the City. When serving as the Financial Consultant or Financial Advisor, Kirkpatrick Pettis retains the right to purchase or sell any Obligations of the City in the open market following completion of the initial purchase and distribution of the obligations in the secondary market and provide investments to the City following standard market practices. H. STAFF SUPPORT: The Consultant agrees to provide the following principal contact officer to assist the City in the implementation of th/s Agreement: Principal Contact Officer · JeffLarson, Senior Vice President Kirkpatrick Pettis Support Team · Joe Brady, Senior Vice President, Sales and Trading · Chris Blackwood, Senior Vice President, Investments · Others, as directed by Mr. Larson, as needed I. TERMINATION: Either the City or Consultant may cancel and terminate this agreement upon ninety (90) days' written notice to the other party, and at that time, all responsibility under this Agreement will terminate. In the event of termination or expiration of the Agreement prior to the closing of any Obligations and after work has commenced by the Consultant, the Consultant will be reimbursed for all costs and expenses actually incurred by them through and including the date of termination. J. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida. AGREEMENT CITY OF SEBASTIAN, FLORIDA 9 IN WITNESS WHEREOF the parties hereto affixed their hands and seals by official duty empowered on the day and year first above written. Approved, CITY OF SEBASTIAN, FLORIDA Respectfully submitted, KIRKPATRICK PETTIS Terrence R. Moore City Manager ATTEST: Jeffrey T. Larson Senior Vice President Sally A. Maio, CMC, City Clerk ~Velcorne to Kirkpatrick Pettis Page 1 o A Mt~u~l o1' Omah~ Co~ pany '~;~[}th Kirkpatrick Pettis, you receive the best of the large and small brokerage worlds. We're large enough to offer a wide range of products and ,,services to individual and institutional investors and ~ssuers of securities, yet we're small enough to provide a personal touch. WIt~ us, you get the individual service necessary for you r success. NEW! KP Account Forms For help call tolMree: (800) 811-3487 ©2000-2001 by KIrkpatrick Petti$. All rights reserved. Klrkpatr[ck Pettls* r~ to the tragic events of Sept. 11 In accordance with the Exchange Act Rule, Kirkpatrlck Pettls provides these Pinks to standardized monthly reports containing statistlcar Information aboul ~overed order" execution~ and ~ption executJDil~. ~rivacv Statement ~ Statement of Financial Conditio~l (PDF: 45KB / 1 page) ~://www.k/rkpatrickpettis.com/ City of Sebastian, Florida Subject: Resolution No. R-02-51 Vacation of Easement - Smith Lots 8 & 9, Block 150, Sebastian Highlands Unit 5 Agenda No. 0 2- ~-/'~ 6 Depamnent Origin: Growth Manag~e/n~ent Date Submitted: 11/06/02 For Agenda of: t 1/13/02 Exhibits: 1) R-02-51 2) Site Map 3) StaffReport 4) Application 5) Utility Letters EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the eastern five (5) feet of Lot 8 and the western five (5) feet of Lot 9, Block 150, Sebastian Highlands Unit 5, less the northern most ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. RECOMMENDED ACTION Adopt Resolution No. R-02-51 RESOLUTION NO. R-02-51 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 AND 9, BLOCK 150, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 922 Seneca Avenue within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WltEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The eastern five (5) feet of Lot 8 and the western five (5) feet of Lot 9, less the northern most ten (10) feet thereof, all being in Block 150, Sebastian Highlands Unit 5, as recorded in Plat Book 5, Page 102, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. immediately upon its adoption. All resolutions or parts of resolutions in This resolution shall be recorded in the public This resolution shall take effect The foregoing Resolution was moved for adoption by The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Ray Coniglio Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2002. CITY OF SEBASTIAN, FLORIDA Councilmember ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for relia,.n~ce by the City of Sebastian only: Rich Stringer, Cit3(.~ttomey MAP OF BOUNDARY 5UR\ MAP OF BOUNDARY SURVEY 7 .................................... 7A';~%~-~7%o%~ ........ AV~NLJ~ - ~OE~A R.O. W. S~ALE /" · 90' SUR Y DAT : 9 -' SURVEY DATE: f/ga/o~ "[FI LO BO K: ~-/z~ ],~o,~1~'~,~,~ FLOOD ZONE: ' JOB 772-913-5322 o ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Richard & Adriane Smith Requested Action: Abandonment of the side public utility and drainage easements located on the eastern five (5) feet of Lot 8 and the western five (5) feet of Lot 9, Block 150, Sebastian Highlands Unit 5, less the northern most ten (10) feet thereof. Project Location: a. Address: b. Legal: Proj oct Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 922 Seneca Avenue Lots 8 & 9, Block 150, Sebastian Highlands Unit 5 Richard & Adriane Smith 200 NW 78th Terrace Margate, Florida 33063 Burgoon Berger Construction Corporation 4520 Dixie Higl~way NE Palm Bay, Florida 32905 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the eastern five (5) feet of Lot 8 and the western five (5) feet of Lot 9, Block I50, Sebastian Highlands Unit 5, less the northern most ten (10) feet thereof. The clients wish to construct a single family dwelling on a double lot. b. Zoning: c. Future Land Use: d. Existing Land Use: Utilities Comments: a. b. C. d. e. RS-10 LDR Vacant Florida Power & Light: approved Southern Bell: approved AT&T Broadband: approved Indian River County Utilities: approved City Engineer (drainage): approved Per the Florida, Power & Light Growth Management Staff Comments: representative, the power pole shown on the survey in the easement will be relocated to within the rear easement before construction begins. Staff Recommendation: Approve Resolution R-02-51 Prepared by ' Date City of Sebastian Development Order Application Permit Application No. Applicant Jif not owner, wrfften authorization (notarized) from owner is required) Address: Phone Number: Owner (if different from applicant) Name: Address: Phone Numben ( ) FAX Numben ( ) E-Mail: eceived - Qr w h Type of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'J-FACHED AND 81/2' BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. iA. Project's Name (if applicable): B. Bite Information Address: ~7'~ Block:/.C"O Unit:~_ Subdivision: 5~ indian River Coun~ Par~L~ Zoning Classifi~tion: Future Land Use: Existing Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (at'tach extra sheets if DATE RECEIVED: JO /~,.O/t~. FEE PAID: $ ~_~=~ RECEIVED ~'~ ~ I Fo~ c~2oo~ ~l~proved: 08/27/97' j Revision: Page l of 3 Development Application File Name: Dca Permit Application No.... D. Project Personnel: Agent: Name: AddreBs Phone Number:. ( ) FAX Number:. E-Mail: Attorney: Name: Address Phone Number. ( ) FAX Number. E-Mail: Engineer: Name: Address Phone Number: ( ) FAX Number. E-Mail: Surveyor: Name: Address Phone Number. ( ) FAX Number:. E-Maih I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ~ I AM THE OWNER I AM THE LEGAL REPRESENTATIVE Of THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS AppI. JCATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE URE DATE S_WC~.~NTt3~,~Ir3BIIBSCR[BEDBEFOREMEB¥ ?'lC~'~-/~l/~ ~. ~J~ ~tO ME OR PRODUCED ' AS IDEN~FICATION, THIS ~AY OF ~~ ,~.~ NOTARY'S SIGNATURE ~~~ ~ PRINTED NAME OF NOTARY ~ ~. ~~ ~DOEO~ M. BOSWO~ ~ COMMISSION NO./~PIRATION ' ~ ~ SION · CC 950345 ~ Fo~ C~2007 Revision: PaEe 2 of 3 Developmen~ AppScation Approve: 08~7/97 File Name: Doa Permit Appiication Ne. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditienal use permits, special use permits, variances, exceptions, and appeals. [/~JE, "~ THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJEC~OP THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~ BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "E~OARD"/"COMMIBSiON") TO PHYSICALLY EN"~R UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/CUR PENDING APPLICATION, IJVVE HERESY WAIVE ANY OBJECTION OR DEFENSE I/~VE MAY HAVE, DUE TO THE QUASI-JUDtCIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING or VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR SIGNATURE DATE Sworn to and subscribed before me by ~_Jt"f{fl~ ~ ~A41TT~ who*'I'S'-E~~ to me or produced. as identifi~tion, thi~ day of ~~ ~., Commi~ion No./~piration -- ' - ~~;~;~i' ~ Parle 3 of 3 I Development Application Revision: I File Name: Doa Nov-05-Z§0Z ll:3Zam Prom-ST LUCIE SV CTR FPL +??Z 489 SZ~B T-BOO P.001/003 ~-389 ~22E MAiN STREET a SEBA.VrlAN, PI, Oltii::)A 32~58 TELEPHONE {772} ,~9-5~37 · FAX [772) 589.~566 ~EOUEST FOP, ABANDONMENT OF EA,ql~MENT Oc~ob~ 24, 2002 Description of Essemen~,tq.be absndon~d_. TM public utility a~d ctrakmg~ ~ement located the eaatem tiw CS) f~ of I.~t g ~nd the western fiv~ ($) feet of LoT 9, Block 150, Sebastian Highlands Uni£ 5, less Rte northern most ten (1 O) ~et thereof. Location of E~sement: ~ So~*¢a Avenue, Sebastian, Florida UTILITY; Pedro Rubiera, FPL APPROVED: ~~ D~ED: , API~P, OVED/D!9,tIED BY: FAX NO: (772) 489-6224 COM~TTS: to: Dorri Bcswort. k, City of Sebas6z~, (~rov,~. M--~gement Depamnen~ F~x No. (772) $89-2566. OCT. 24. L:'~O~: 10: 39AM BLDG DEPT SE3GET'r~N NO, ~0 P. 1/3 1225 MAIN a"TRI:ET · SEBASTIAN, FLORIDA TELEPHONE (772J ~S89',,q~7 · FAX (775) ~&9-~'~'~ FOR .,~BA.WDO~ OF EASElVlE:~. Oemb~ 24, 2002 Descri~flion of Easement to be aba, ud0ned: The pttblic utility ~ dmkmge easement l~ca~ oa t% ..asJ~r'n fivc (5) f~ of Let S ~mc: ~ wes~ ~ve (5) ~et of La~ 9, Block 150, Seb~:i~ ~lm~ Unit 5, l~s ~c ~ most~ (10) ~ ~cof. Lom~on of Easement~ 9~ 8cncca Avenue, Seba~l~an, Flor/& UTrLITY: Cra~Bowers/Cookie Shaw, AT&T Broadband APPROV]~D'. . DBNTR~:. APPROV~D/DI/~ BY: ,/////~'- ~ FAX NO: 778-9635 DATE: COM/vflKNTS: l~eturn to: Dord Bosworth, City of Sebastian, Growth Management Dcpmment Fax Nc, (772) 589-2566, ,MOV. 1,~00~. 9:50AM FTP ENGINEERING ~ 5615892566 BLDG DEPT SEBASTIAM NO.~3 M0.679 R.2x~ P001/001 122~ MAIN STRE~ tm SEBASTIAN, PLORIDA ~29~q8 TELEPHONE (772) S89-SS37 · FAX (772) 589.2S66 REQUEST FOR A]aANDONMEI~TT OF EASEMENT_ October 24, 2002 Desertotion of Easement to be abandoned: The public utility ~ud drainage e~em~t located on ~c ~e~ five (5) feet of ~t 8 ~d ~e w~m five (~) f~t of ~t 9, Block 1~0, Sc~ti~ ~ U~t 5, I~s ~c no~ most t~ (10) fect ~of. ~ ~ Sen~a Av~ue, Seb~fi~ Florida UTILITY: IOrk ~'_.~; Ben South F,~C NO: 772466-$,~$1 AppROVED:~~x~1~D:~ DATI/:~ COMMENTS: R.cturn to: Dorri Bosworth, City of Scbaslian, Growth M~,~gememt Depa~U','lent Fax No. (772) 589-2566. 18/28/2882 12:10 ~T.~ 15615896209 CITY OF SEBASTIAN October ~4, 2002 ~er~nflo~af E~-~m~"t,to.be abandone~j: ~ pubic ~ ~ ~ ~t le~d on ~e ~ flv~ C5) ~ of ~t i md ~ w~ five (S) ~ d ~t 9, B~ 150, ~: DaSd ~her, C~r F~WO: APPROV~D:~ D~: DA~:~ COMMENTS: 01 Doral Bcsworth, City of Sebastian, C)mwth Man~g~mmt Dcpaxtment laax Nc. (772) $89-2~66. Oct 2S 02 OB:20a Indian River Utilitie~ 7?2 770 5143 0CT.~4.2002 10:35RM BLDG DEPT SEBASTIAN M0.558 p.1 1225 MAIN STREET · SEB. A$'nAN, FLORIDA 32958 TELEPHONE (772]//89-,~--'37 · FAX (772) REQUEST FOR ABANDONMENT Ol; EASEMENT October 24, 2002 Description of Easement to be aba~donefl: The public util~t~ and flraizmge easement [o~t~ on the e~t~ five (5) fe~t of Lot i ~d ~e w~tem five (5) ~e~ of Lot 9, Blo~ 150, Se~d~ Highl~ds Unit 5, l~s ~ no.hem most ten (10) f~t ~reof. Lo.tiaa of E~ement: ~ Sene~ A~nue, Seb~fi~, Flofifla ~ILITY: ~vi~ N. Osthus, ~R.~ U~ifies ~ NO: 77~5143 COMMENTS: Doff/Boswor~h, City of Sebast/~a, Growth Management Department Fax No. (772) Sgg-25fifi. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject First Public Hearing to Submit the Odginal CDBG Proposal to Target FY2003 CDBG Neighborhood Revitalization Budget for Louisiana Avenue - Schedule 2nd Public Hearing 12/11/02 Agenda No: 02.071 Department Origin: Finance: Date Submitted: 11/4/02 ForAgenda of: 11/13/02 Exhibits: ad Expenditure Required: Amount Budgeted: SUMMARY STATEMENT Appropriation Required: As previously reported in my November Ist Information Newsletter, I recommend submitting the original CDBG Proposal to target the next application cycle. RECOMMENDED ACTION Authorize submitting of the original 2002 CDBG Proposal to also target the Fiscal Year 2003 Neighborhood Revitalization Program Budget of the Florida Small Cities CDBG Program. ri'he ~/:mblic ~ti~ar~g ~s.'~be~gg ¢on~lue~d .m . · ~tcce~igle.~tocslkm. :'3,~ythan/tica:pped pea'son .requiring an ~k~ve~ reter :~'m'- :the hea~ing,i~mpSL~'*or 5EBASTLAM City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Ordinance No. O-02-15- Parks and Recreation Approved for Submittal by: Agenda No. O2. 2.31 Department Origin: City Clerk Public Works Recreation Dept. Date Submitted: 10/24/02 For Agenda of: 11/13/02 Exhibits: Ordinance No. O-02-15 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its October 23, 2002 Regular Meeting, passed Ordinance No. O-02-15 on first reading and set public hearing for November 13, 2002. ,RECOMMENDED ACTION Following the public hearing: Move to adopt Ordinance No. O-02-15. ORDINANCE NO. O-02-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that a comprehensive policy on the use of City recreation facilities would be in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 74-1 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 74-1. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Enclosed Public-Use Facilities means those city properties such as the Yacht Club and Community Center, which by their very nature, are generally best utilized by designated groups for meetings, events and private parties. Open-Air Public Use Facilities means those city properties such as the ball fields of the Barber Street Sports Complex, the skatepark facility, that by their very nature, are generally best utilized by either the general public or designated groups for sporting events, and may be leased on a long-term basis to specific organizations. Park Areas means any and ail outdoor and covered grounds and facilities owned, operated or designed by the City for the purposes of recreational or leisure activities, except those facilities designated as Waterway Facilities or Public-Use Facilities. Park Event means utilization of a Recreation Facility, other than an enclosed Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes between 50 and 300 persons will attend. Recreation Facilities means any and all real property owned or maintained by the City for the purposes of active or passive recreation, community and civic gatherings, open space and such other traditionally related activities. However, these provisions shall specifically not apply to the Sebastian Municipal Golf Course. Special Event means utilization of a Recreation Facility, other than an enclosed Public- Use Facility, or any portion thereof for any planned or organized event, other than a city- sponsored event, at which the City Manager reasonably believes more than 300 persons will attend. Waterway Facilities means any structure constructed on or over the waterways of the City such as a public dock, boat ramp, seawall or boardwalk, as well any pedestrian walkway constructed or maintained by the City running over or along its waterways." Section 2. That section 74-2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 74-2. Desiqnation by Resolution. The City Council shall, by resolution, designate the classification, and the fees, where applicable, for use of each Recreation Facility in the City." Section 3. That section 74-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 74-3. Regulations; promul,qation and approval by resolution. (a) The City Manager is hereby empowered and authorized to adopt, promulgate and enforce reasonable rules and regulations which shall apply to City Recreationa~ Facilities. (b) All rules and regulations promulgated and adopted pursuant to this article shall, in order to be effective, be posted in a conspicuous place in the area where they are intended to be effective. The existence of such signs at any place within the City shall be prima facie evidence such signs were erected or placed with the authority of the City Manager. (c) Any person violating any such rule or regulation promulgated and posted pursuant to this article shall be subject to a fine of up to $500.00. (d) The City Council may by resolution, remove or modify any regulation promulgated pursuant to this section." Section 4. That section 74-4 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 74-4. General Regulations for Recreational Facilities. (a) Prohibited conduct; unlawful acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the Recreational Facility by others. (2) Smoke in buildings or other areas except where designated by signs posted by the City Manager or his designee. (3) Knowingly interfere with, encumber, obstruct or render dangerous any part of a Facility. (4) Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction equipment of any kind at such a high volume level as to unreasonably interfere with the use and enjoyment by others of the facility. (6) Build or set fires except on cooking grills or self-contained cooking units in specified areas or upon written approval of the City Manager. (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless in accordance with regulations allowing the same in conjunction with a City-sponsored event, or as authorized by city permit for a function held at a Public-Use Facility. (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of Fla. Stat. 413.08, to enter the area unless such pet is maintained on a leash of six feet or less. No dogs or other domestic animals shall be brought into any enclosed public-use facility except in accordance with the aforementioned statute. (9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefore, and no such refuse or trash shall be placed in any waters in, or contiguous to, the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (10) Drive or park any unauthorized motor vehicle on any area within any park or recreational area except designated park roads or parking areas; park any motor vehicle that is not authorized by the City Manager in any area other than an established or designated parking area; or park any motor vehicle that is not authorized by the City Manager within any Recreational Facility during the established hours that said area is closed to the public. (11) Ride a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle in any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. (12) Post public notices of a non-commercial nature except in designated areas and in accordance with time and place restrictions established by the City Manager. (13) Operate a concession; sell, peddle, or solicit sel~ in any park without written prior approval of the City Manager or his designee. (14) Bed down or sleep in parks or recreational areas including any parking area except upon written approval of the City Manager; nor shall camper trucks, buses or trailers be permitted to remain in such parking area between the hours of 12 midnight and 6:00 a.m. except boat trailers may remain in areas designated for the parking thereof during the time between launch and retum of the watercraft it has transported. (b) Signageo The City Manager is hereby empowered and authorized to regulate the use of Recreational Facilities within the context of this article by erecting or placing of signs regulating such use and hours of use. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parentalliability. Parents shall be held liable for conduct of their minor children." 3 Section 5.That section 74-5 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 74-5. Additional Regulations Affecting Waterway Facilities. (a) Prohibited conduct; unlawful acts. In addition to the restrictions set-forth elsewhere in this Chapter, no person shall within or upon Waterway Facilities: (1) Dive or jump into the water from such facility. (2) Use railings or benches on piers or riverwalks for cleaning or cutting bait or fish. (3) Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks. (4) Fish with more than two lines or poles at one time on piers or riverwalks. (5) Park or dock watercraft utilized for a commercial purposes, including rental to the public, longer than reasonably necessary to launch or retrieve the same. (b) Signage. The City Manager is empowered and authorized to further regulate Waterway Facilities within the context of this article by erecting or placing of signs governing their use. The existence of such signs at any place within the city shall be prima facie evidence that such signs were erected or placed with the authority of the City Manager. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-6 which shall read as follows: "Sec. 74-6. Park event permits. (a) No person shall conduct a Park Event without the prior approval of the City Manager. Any person desiring to conduct a Park Event shall submit a written application to the Recreation Department on forms promulgated by the City Manager and shall pay fees as established by resolution of the City Council. Further conditions for park event permit approval may be set out by resolution of the City Council." SecUon 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-7 which shall read as follows: "Sec. 74-7 Special event permits. (a) No person shall conduct a Special Event without the prior approval of the City Council. Any person desiring to conduct a Special Event shall submit a written permit application to the Recreation Department on forms promulgated by the City Manager. The amount of the permit fee and conditions for special event permit approval shall be established by resolution of the City Council. 4 (b) The City Council shall deny an application if the Special Event will unreasonably conflict with public policy or adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the City Council to deny, or to grant with conditions, an application made pursuant to this section shall be final." Section 8.. That Section 74-8 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 74-8. Enclosed public-use facility permit. (a) No person shall utilize an enclosed public-use facility without the prior approval of the City Manager, except that certain uses shall require City Council approval as set out in paragraph (c) below. Anyone desiring to utilize an enclosed public-use facility shall submit a written application to the Recreation Department on forms promulgated by the City Manager and shall pay fees as established by resolution of the City Council. Further conditions may be set out by resolution of the City Council. (b) No permit shall be granted for the commercial use of an enclosed public-use facility, although fund-raising for non-profit organizations shall be allowed subject to Council approval as set forth below. In the event that gambling activity is to be a part of the permitted use, the City Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. (c) In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the permit can only be issued upon approval of the City Council." Section 9.. That the Section 74-9 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: "Sec. 74-9. Claims against security deposit. All or part of the security deposit for any permit issued under this Article shall be forfeited to the City if it is determined by the City Manager that non-compliance with the terms of this Article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The City Manager is authorized to pro-rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific clean-up attributable to the applicant. Any decision of the City Manager may be appealed to the City Council. The City Council may affirm, reverse or modify the decision of the City Manager after considering the facts as presented by both the applicant and the City Manager." Section 10. That Section 74-10 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 74-10. Permit rescission. The City Manager is authorized to rescind any permit found in violation of provisions of this Article when it is deemed in the best interest of the public. Violations of any provisions of this Article may result in the forfeiture of the security deposit as provided above. The decision of the City Manager may be appealed to the City Council. The City Council may affirm, reverse or modify the decision of the City Manager after considering the facts as presented by both the applicant and the C ty Manager." .Sect on 11. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. .Section 13. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: by Counciimember Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Bamzyk Councilmember Ray Coniglio Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this ,2002. day of CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMO City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA:c~D~' ~:~,~,~i~'J~ D[:P~ ~,~. sc~,~,,.,,..,,.~ 1801 U.S. 1, Vero Beach, FL 32960 · 02 N' U u, 1 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA ..................... CITY OF SEBASTIAN COUNTY OF INDIAN RIVER INDIAN EIV~E COUNTY, ' FLORIDA Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is a ORDINANCE NO. O~02415 Indian River County. Florida and has bean for s period of one year next preceding the first publication of County, Florida, wiil hold a Ad # Name Date Price l~er D.v PO # 2555316 City of Sebastian 10/31/2002 $66.78 O-02-15 Total $66.78 Subscribed and sworn to me before this date: 1 O/3O/2OO2 NotarY' ~-~ U/[i-~- ........... ' =n Wednesda Sebastiafi, Jiflg, he ~ty council may inspect the proposed Ord!- appea~ at the hearing and be includes the testimony and appeal will be based, (F.S, (ADA), artyane who needs a SF~ASTKA~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Ordinance No. O-02-16 Cemetery Rules and Regulations Approved for Submittal by: Agenda No. ~)2_. !/~ Department Origin: City Clerk Public Works: Date Submitted: 10/24/02 For Agenda of: 11/13/02 Exhibits: Ordinance No. O-02-16 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its October 23, 2002 Regular Meeting, passed Ordinance No. O-02-16 on first reading and set public hearing for November 13, 2002. RECOMMENDED ACTION Following the public hearing: Move to adopt Ordinance No. O-02-16. ORDINANCE NO. O-02-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY RULES AND REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary to amend certain language in Chapter 34 relative to the Sebastian Municipal Cemetery; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That Section 34-10 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-10. Fee for opening or closing interment site. When an interment site must be located and marked by the sexton or other authorized city employee for interment, the city shall charge a fee to the funeral home requesting the services, such fee as set by resolution of the city council, from time to time." SECTION 2. That Section 34-11 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-11. Interment site prices. Prices of all interment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time." SECTION 3. That Section 34-16 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: "Sec. 34-16. Burial of human dead only; number of interment. All interment sites shall be used for the interment of human dead only. Number of interments per individual site is as follows: (a) Standard In-Ground Interment Sites. Only one interment shall be made in a standard 4' x 8' or 4' X 10' in-ground interment site except in the case of: a mother and infant; two children under one year of age, not necessarily in one coffin; one coffin and one cremain; and, two cremains. (b) Cremains In-Ground Interment Sites. Only one cremains interment shall be made in a 4' X 4' or 4' X 5'. cremains in-ground interment site. (c) Niches. Only one cremains interment shall be made in a single niche. (d) Double Niches. Only up to two cremains interments shall be made in a double niche. SECTION 4. That Section 34-17 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-17. Urn size requirement for niche interments. Urns for interment in single niches in unit 4 and double niches in unit 3 shall be determined and regulated by the Cemetery Sexton or his designee." SECTION 5. That Section 34-18 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-18. Interment site markers. (a) Standard and cremains in-ground interment sites. (1) Design. The following provisions shall apply to standard and cremains in- ground interment site markers: a. Inscriptions. A marker may contain the full name of an individual, date of birth and date of death. In addition, symbolic floral carvings; family crests or emblems; religious marking; fraternal emblems; suitable epitaph; and designation as to relationship of the deceased (such as son, daughter, husband, father, etc.) may be used. b. Veteran's markers. Those markers received from the Veterans' Administration may include such information as name, rank, sedal number, date of death, and other information such as the Veterans' Administration from time to time places on such markers. (2) Placement. All cemetery markers shall be either bronze, marble or granite, and shall be flush with the ground. No permanent attachments shall be above the marker. No slabs of any kind will be permitted; provided, however, to preserve the histodc nature of Units I and 4 of the Sebastian Cemetery, and where there are existing slabs and aboveground markers, restoration of existing slabs and aboveground markers will be permitted. (3) Size. The following size standards shall apply to site markers. a. Flush Markers. Flush markers are permitted in all sections of the cemetery. Flush markers for standard 4' x 8', 4' X 10', and 4' x 4' and 4' X 5' 2 sites shall not exceed 36" in width and 18" in depth and shall be a minimum of 4" thick. A double marker for two adjoining (side by side) standard 4' x 8' and 4' x 4' sites shall not exceed 72" in width and 18" in depth and shall be a minimum of 6" thick. Bronze markers shall not exceed 24" x 24". b. Above ground markers for standard 4' X 8' and 4' X10' sites. Above ground markers are permitted in Units 1 and 4 and shall not exceed 36" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 36" in width, 8" in height, and 18" in thickness. A double marker for two adjoining (side by side) standard 4' x 8' and 4" X 10' sites shall not exceed 72" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 72" in width, 8" in height, and 18" in thickness. Above ground markers are not permitted on 4' x 4' or 4' X 5' cremains sites. c. In the event a family owns at least six 4' X 8' or 4' X 10' sites adjacent to one another, the Cemetery Sexton, at his discretion, may allow a larger marker in lieu of individual markers placed on each site. (4) Alignment. All markers shall be in a line consistent with each other as determined by the cemetery sexton. Any unapproved marker shall be removed, repaired or realigned at the monument company's expense. (5) Concrete foundation. All markers shall have a suitable concrete foundation provided by the monument company. (6) Period for installment after burial. All markers shall be installed within 120 days after burial. Where this regulation renders a hardship or presents any special problems, such as an estate not settled, special consideration will be given. Request for special consideration should be made in writing to the Sebastian City Clerk, Post Office Box 780127, Sebastian, Florida 32978. (b) Niches. (1) Design. All niche markers shall be bronze plaques, provided in the cost of the niche, engraved and installed by the City of Sebastian. a. Inscription. The bronze marker shall include the full name, date of birth and death of the decedent. b. Vases. If desired, all costs for vases and rings will be incurred by the niche owner." SECTION 6. That Section 34-19 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-19. Artificial and fresh flowers, blankets. 3 "No more than two bouquets of artificial or fresh flowers will be allowed at any gravesite. Artificial flower arrangements will be permitted to remain until they become faded or unsightly. Fresh flowers will remain until unsightly. No glass or ceramic flower containers or ornaments shall be allowed, however, a plastic flower container no more than 6" deep, 6" wide and 24" long may remain in place unless broken or in decrepit condition. No wires shall be allowed to hold flower arrangements permanently in place at the interment site. Blankets are allowed to be placed prior to any holiday but must be removed within ten days following the holiday." SECTION 7. That Section 34-20 of the Code of Ordinances is hereby amended to read as follows: "Sec. 34-20. Use of living memorial tree or shrub. "Whenever a living memorial tree or shrub is desired, arrangements must be made with the cemetery sexton as to size, type and placement as designated by the cemetery sexton, in a planting area designated by him. Grave blankets are allowed during holidays or special occasions and can remain for a maximum of ten days." SECTION 8. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9. 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 that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 10. SEVERABIMTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full rome and effect. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: 4 The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2002. CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor Sally A. Maio, OMC City Clerk (SEAL) 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 ,1993, and that following said public headng this Ordinance was passed by the City Council. Sally A. Maio, OMC City Clerk Approved as to Form and Legal Suffiency for Reliance By the City of Sebastian Only: Rich Stringer City Attorney 5 PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 1801 u.s. 1, vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeaFed, Karen Trego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Veto Beacl- in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Vero Beach in said Indian River County, Florida and that the said newspaper has heretofore been continuously published in said indian River County, Florida daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Press Journal has been entered as second class matter at the Post Office in Veto Beach, IndiEJn River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad # Name Date Price Per Day PO # 2555309 city of Sebastian 10/3112002 $72.08 O-02-16 Total $72.08 Subscribed and sworn to me before this date: 1 0/30/2002 Notary Public (~.~ PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA ORDINANCE NO. O-02-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOBIDA~ AMENDING CER- TAiN SECTIONS OF CHAP- TER 34 OP THE CODE OF ORDINANCES OF T~IE CiTY OF SEBASTIAN PERTAIN- ING TO CEMETERY RULES AND REGULATIONS; PRO- VIDING FOR REPEAL OF ORDINANCES OR pARTS OF ORDINANCES IN ~(~N- ~FLI~T HEREWITH; PROVID~ lNG FOR SEVERARILITY AND PROVIDING FOR AN EFFECTIVE DATE. S£B AST Ai City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Solid Waste Referendum Ordinance ~pproved ~pSu bmittal ~y: Agenda No. 02.124 Department Origin: General Services Administration Date Submitted: 11/7/02 For Agenda of: 11/13/02 Exhibits: O-02-17 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT This is the second reading and public hearing of Ordinance No. O-02-17 which will place the collection of solid waste on the March ballot. Move to adopt 0-02-17 RECOMMENDED ACTION ORDINANCE NO. O-02-17 AN ORDINANCE OF TlCrE~ CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 86-26 SOLID WASTE; COLLECTION AND DISPOSAL GENERALLY; SERVICE BY THE CITY TO REQUIRE UNIFORM PROVISION AND BILLING FOR GARBAGE COLLECTION; PROVIDING FOR REFERENDUM; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE WHEREAS, City Code section 86-26 requires that the City provide solid waste collection services within the City, which it does through franchise agreements with private collectors; and WHEREAS, the existing franchise agreement expires June 30, 2003; and WHEREAS, providing pick-up service to each residence in the City and billing each for this service will lessen litter and administrative problems, as well as lower charges, than the current system whereby each property owner can opt not to use the franchised service; and Wl~EREAS, a decision on whether or not to continue with the current optional use system will impact the proposals the City will receive when it goes out to bid on a new solid waste collection franchise agreement; and WHEREAS, the City Council determines that this issue shall be best determined by the public in a referendum vote; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TI:IF, CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 86-26, is hereby amended to read as follows: Sec. 86-26 Service by the City. (a) The city shall mz!n*~a!n :~':~ :~cratz a zz~,%c nrovid~e for the collection and disposal of garbage, trash, rubbish, or other refuse witkin its corporate limits. Said service shall be provided on a uniform basis_ and the costs thereof shall be assessed/chareed to each imnroved nronertv within the city in a manner determined bv City Council. Section 2. on July 1, 2003. That the uniform provision of service provided hereunder shall commence Section 3. That the following question shall be placed to a vote as a pubhc referendum on the March 11, 2003 ballot: Shall Ordinance 0-02-17, requiring that all improved property in the City uniformly receive, and be assessed/charged for, solid waste collection service, go into effect? For which the two possible choices shall be a "Yes" vote or a "No" vote. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This ordinance shall take effect upon a declaration of results by City Council as set forth in City Charter Section 4.08(c), setting forth a favorable vote to the referendum question provided in Section 3 herein. An unfavorable vote thereupon shall result in this Ordinance being null and void. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmemher Edward J. Majcher, Jr. Councilmember Ray ConJglio The Mayor thereupon declared this Ordinance duly passed and adopted this 13t~ day of November, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Karen '¢rego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Veto Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues below. Affiant further says that the said Press Journal is a newspaper published at Veto Beech in said indian River County, Florida and that the said newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement tot publication in said newspaper. The Press Journal has been entered as second class matter et the Post Office in Veto Beach, indian River County, Florida and has been for s period of one year next preceding the first publication of the attached copy of advertisement. Ad # Name Date Price per Day PO # 2555305 City of Sebastian 10/31/2002 $68.90 Total $68.90 Subscribed and sworn to me before this date: 1 0/30/2002 Notary Public ~.~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Appoint a Regular Member Position to Planning and Zoning Commission Approved for Submittal by: Agenda No. .Depa~ment Origin: City Clerk Date Submitted: 11/7/02 For Agenda of: 11/13/02 Exhibits: Applications, ad, member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The Planning and Zoning Commission has a regular member position open due to a resignation. This position has been advertised and six applications have been received. In the event that council appoints an alternate member of this commission to the regular member position, council can automatically appoint one of the other six applicants to thai alternate position. RECOMMENDED ACTION Interview applicants, unless waived, and appoint a regular member position, to expire 6/2004. APPLICATION TO SER~ ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: NORMAN F. BLESSING HOME ADDRESS: ~ SEBASTIAN FL 32958-6 HOME PHONE: 589- 1185 HOME E-MAIL: BUSINESS: R_E_B_TJ2~F.;I~ BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER? YES VOTER REG. NO. I-IOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No 5~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? No )LEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF pREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD ~_X___CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE ___x~PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) SEE ATTACHED RESUME REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: I'VE THE TIME AND INTEREST IN SERVING THE PUBLIC, BESIDES THAT, I'M BORED OUT OF MY MIND!! LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NO HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? NO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) 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. I have been provided with, read and understand City of Sebpstt'arkCode of Ordi.~nances Sections 2-166 through 2-173 (attached). Information relative to a spe~fit boar~)or co. itt e~s~ilable if requested- AppliCant Signature NOR~N F~LESSING Subscribed and sworn to before me this~/'~th day of //J4F-L~ , o~4)~2-., by Ajoy'tv~Arl ~ ~,[(_.S~irlq , who is pemonally known to me, or has produced_ [2'1._ 2)Fil/e._F$ ~-[¢~o~rC"J- asidentification. (~6tary Public, State of Florida \wp-form~applicat.wpd rev. 3/2002 NORMAN F; BLESSING 72g[-10dz,~n Terrace, Sebastian, FL 32958-6525 · Phone: 772-589-f~85 Fax:. 772-589-4!25 PRC,FESSIONAL ~UALI-F~AT~S *~ Created lor~-te~m strategic bus~ ptans; Managed werl~idemarketing:strateg~es and sales organizations~o~ a$~0 miltier~cempany; *.$~ .mervisedthe positions.ofGenera~ Sales Manager;, International SalesManager Mmketing'Manager, Marketing~Services- Managerand Human. Resources Manager; Created salesf~r multiple productsthroughdiverse ma~keang ~' Enhancedthe [~csand profit.:va[ue of existing producHines; *~Managed.rese~ mh ~'~d development of ne~'~, services- * Managed advelfising and product promotions including trade exhibitio~ andsates-~ seminars;. * ManagedcustCmer service ar~d~suppott-Emctiens; . * Participated in:~i~_-h.'ons' with:.~W, labor unfort; * Negotiated;sak; of business unit to a thJ~ pa~ a~d negotiated sale of my ew~ cempany; * As entreprene[~r, organizedandbai~ a $2 & $3 mllll~ cernpany; * Invented2 pro;;n'etaryp~od_ _ ~_~-~'and applicable manufacturing processes. MARKE'FtNG & SALES Additional skills ar~} achievemen~ + Created mark~;ting andsales strategies forsmatfandmedium s'~?ed, lrm~s; + Researched, i Jentifiecranddeveloped newpmducts a~d new maP4ets; predict- catalc gs and~packaging for,a varietyof products a~d markets; + Coordinated andcondacted regime; nation~ and international + Reversedsalesfproflt: deciineof major-product lir~...restructumd- pricing andpackagino~..inc~e~-_~dsales'40,fold withinfirst ~2 months..~prod~.line b~cjan positive:pmf~ contri~n within ~ first six menths~.~ecevered-market share ~'th[n .second- year; + Conceived.the"syster,~s" approach-to, avariety of markets-~thin our i~tust~ was increased market share, ~unitvolume ~ and $-valuean~ net profi~ pe~ sate~ + Maneo~d multiple markets..and productsto create average gross margin,s of 46% fo~ one-fmc; + Cre~t~d a corn 3uter~based,[nferactive"' sails calf-reporting. and. sa[es-man ~ging system called "SOAR"~; + Estal31is.._bed tl~: fim~ ?A,~t-a3dzed ~ServiceCenter": network wi[h~ out'induStry; +-Devel0ped-an(~maJntainextertsi~ewodd~cc,"t,.acts; +As-a~salesman -I atwaysex~.~eded .sales targ_ets. ~ ;named ,S~csman oftm~ Yea~-" t~ice_.named"Mest-innovative :Salesman" t~k:e_J~ek sales-te[~-ito~y {rom worst~to first; + E-stablishedar.(~trainecr~:sates organi~afien; +-As Regionar S~lesMap~,3~-[ restructuredMidwest, Regio~ and-grew it int(~ ~H~sates~regic~..~-I ~ sales territories plus.u[[i~e-and warehouse sta~ ef 5; + P, ecr~it.~-I al3d-managedan independent sales.organization . company from smattest in [i.~' industrytog2 in mmket share withir~ 2-1/2 y~-ar& ,..inc[e~.~d_gmss marginsto +~ 4(~Yo. EXPERIENCE ~SSING SALE~ COMPANY :Owner...independentsates~epmsenteth~ }992 to 1998 Represented 10 companies ttm3ughout the Northeast~Uni~ed; States- from NOrth Carolirato ~ sellinginsulatier~relatedprodu~ts; Annuar ~iusin- tf)gBto~=~d $2.7 m,',,'~cn; Soid_companyto ~yoldest son who continues toop~ra[u.it.atong ALPHA ENERGY, S~ ~STEMS; INC. (successortoEdco Fastening. Systems) Delran~ NJ $40 million manufacturer of multFproductindustdat hardwareand ,v~ce president of bl~-rketing-andSales, 1989.to1992' *ManagedJn~pmducts division :with f-ac[odes~in Meorestown,. *Rec[uited and supervised a team of-independent sales agentsto penetrate the-insulation indt.qsl~s~ ~ of Distributors and- establish a mutuary.profitable retationsh~, *Created4~ industry's-first successful"Authorized Service Centers" ~ network i~ No~h P~aerica; *Regained lost market-share for.insutatior>rstatedproducts operations~eJ'~tirst 1-2 menth~, *ERICO-we~ self4iqufdafion~ [ was managing:theironiysellable and:viable operati~qs.., a-$8; 5 million' ~uni[was-for, sale... t,sought buyers~ p artrc~pated~in ~:negotiations~r the-sate °f this business uniL. when-soid l:tra~ed~to-the~newflrm, Alpha ~ -Energy andassur~t I>& Lresponsibitity for the new companY. GEMCO, INC., Dafwitle, IL $4 million manufact.Jrerof muiti-productinsalation-retatedh~m. Vfce President -.rv~fl~efing and-Sales t986to-~1989 * Served-as a.me'~ber of BoardofDirsctors, was 2ndta~gest shamholde~. * Creatednew name for company; newindustry image;- .new prod~ line and sales ti ~erature, newpackagingof :products-and-a- rtew *' Managed ali market~ngand sales~functions forfl~issmatl-~ ...increase~ sal~S-from $700Kt~ $3~ millicmper,year. BLESSING :FASTE NINGSYSTEMS, INC., CherryH~ NJ $2 mittien manufac:urer of-mult[~'hi~-~erat~e~fasteners- Preside~ t978 to 1986 Created: niche f3cbsed manufacturing firm tcrexptoit e very small * FuiI'P &L responsibility forstarb-upcompany.-.;sought'and develeped reiatienships a_nd. financing~with,area~bant~s and withgovernn"~¢~d:agencies;. * F~,rso~ally' created afl sc,!cs~ * ~Man~facturing Operations.Manager, Pumhasif~jAgent and-an~office/plar t staff of 14; * lnv_ent~ at~d marketed 2proprietary products:..the "Blessing"_ el-ectn~c element~.l~.,and; bi-mettarm fasteners; * Negotia~edsale (¢company-to Gemco, Inc. KSM Division, of OM~RK' INDUSTRIES, INC., Portland,-OF{ $40 ~i|fioffdivisien (~f a consumer/indu~idal: multi-product~ matt~-~~rate. Director:of Marketin!] - Wuddwide t964 to 1978 * Managed ..~oHd~d~. _m.3rketingand sales strategiesa~t perfOrma~ce...achieved/f2 m~1~t-share:pos!tion ,.~...~h.. gnTss * Guideddivision from an engineering orbr¢~ionto:~t mmketing.. ergsnlzatie~; * Managed the sur!ervision af~d training of a 296+ member marketing ar~salesmam...7 regk)na~.c~ices and warehouses in USA...8 salesoffices-a~,.ul~e.d to rnam, CaC,.u,'~ngoperMiens in C, anada, UK, BelCjiu.m, 'Brazil S~]th Afdca, *Australia and Japan.,.single man salesoh~.~ irt Mexico, No~ay, Swcdcn,'lsrael, Ir_~..;Hong'Kong * Manageddirecti!., the-pos~ion of;General Sales ~~ International-~ Manager, ~ingMa~e ~r~.r,-Marketing Servioes Manay~r aid Hta3~n:~rces:l~,,~anager; *' Reducedpape.~rk k~ad within Department, saving o~er Ste~,.eo6. per y~;ar; * Held,pesitfons o'~ increasing responsibiflty:.;..Sates Engineer,.. Midwest Regional Manager_Marketing Manager., General Sales.. Manag~.;_D~to~ of- Marklin&_ High-Schc~ Graduat}: :Win; ~Penn Charter School'; ~ladelph~ PA- Somec~: :Unfversffy:of:Ai-aba~-z~a, Birmingham;, AL [2-1/2ym] Carccr-r~ted Education: ManageriafGrid~- Scientific Methods, '[nc. Executive_ Course-f3r Generat~Sa~es Managem -/~MA Schoot ofBus~nes~ - Stanford ~ New Pr,Jduct ~- Batette ~te Profess~n al Msm, be-'~: American Ceramic Society. America~ W~Jd~ng ~ :)ERSONAL ff~ORMAT tON Four;great daughtem'.~ ~w Six grandchifdre~ Memberof:Presbyte dan Church(USA).,.served:as Deacon(1 term) ...sewe~ as- Elder (4~ter.m.s)...se~ved Pr~_~hter~... 2 ~erms as Chai~ · ofthe Nominat~mg C;~mmii.[,~e:..2-ten"r~asmembef' Of-'~;, Enjoy travelinc~ ca~ping, r~, music and-art. RECEWED CITY OF SEBASTIAN OFF~CE OF CiTY CLERK (Ali City Booxd mind Committee Members Must be Rcsidems of thc City of Scbasfim0 HO~ PHO~: HO~ FAX: E-~L: BUSh, mSS: /V Pr Bus.ss D SS: BUSINESS PHONE:/Vtfiv BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER? ',k/j~,~ VOTER REG. NO./~)4J~-' DO YOU O =CE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?/?A//~ W2qlCH BOARDS/COMMITTEES? PLEASE CHECK TIKE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #I: I BOAILD OF ADJUSTM]ENT CHARTER REVIEW COMMITTEE (se.wes only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMM/TfEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE 1N COMMITTEE NAME) ~PLi-C~LE'EDUi2ATION AND/OR EXPERIENCE: ' ' ' Retired Practicing Industrial Engineer REASONS FOR WANTING TO SERVE ON BOARD OR coMMITTEE Enhance the Quality of Life for All. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COM/vlITTEE; Former elected City Councilman- 3 rd Ward City of Irdn§ston, N.Y. Past president of Non Commissioned Officer's Club. New York Sram Nadoual Guard dutingWar IITlme. Danville, Virg/nia: 1945 -1950 Past President Danville Exchange Club, Past President of Junior Chamber of Commeme, Two time ~)ireator of Pit~.sylvania county Ma~ch Of Dimes, Dlmatm of State Smior Clmmb~ of Commme, Fund Raising Director fm Danv/lie's Life Saving crow, President of "Faith Home Building Project in Danville, Vkginia, Voted Man of 'the Year in 1949. Greensboro, .N.C,: Past President of"The American Institute of ludmlrial Engineers". Atlanta, Georgia: Member of Board of Govemo~s of Berkeley Hills Country Club, Two term Past President of Berkeley Hills Couulry Club Board of Governors, Charter President of Berkeley Woods Condominium Association (120) Unlit. HAVE YOU EVER BEEN CONVICTED OF .42qY FELONY IN THIS OR ANY STATE? HAv YOU BE N COVETED OF wo~ ¥o~ ~ONS~ER SERV~O O~ ~ BO~.~ O~ ~ ~ O~(~ S~=* ~OW? ~ O ~ ~ ~ ~'/ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastim~ 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. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative tea sp~ific board or committee is avdlable if requested. A~ppli~ant .Signatur~ ~ Subscribed and sworn to before me this f~z~ day of f'~,~.~'.,'~.,./, r~V5~.~, by ~~. ~_. who is p~sonally ~om to m,(. t ~ produc,d /~ ~,, ~ a, identification. o~ Pubii~, State 6fFlorida ~ \wp-form~aPplicat.wpd ,rev. 4/5/99 RECEIVED CITY OF SEBAS,~,I4 CL_,~,~ OFFICE OF O~TY F~ APPLICATION TO SERVE ON CITY BOARDICOMMITTFF (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: /¢¢/,//~ .~. ~A/'./¢¢//¢, HOME ADDRESS: //4/~"..~ HOME PHONE: 77~ 3¢'r*,/''- 3/'¢~"¢p' HOME FAX: E-MAIL: BUSINESS ADDRESS: ~ D, ~,~ 7¢~',¢'¢~',¢~ BUSINESS PHONE:77 ~,,¢,~_.2/¢~.-,,,~ BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?y~-./, HOW LONG?/_Z._~.. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMIT;TEE? WHICH BOARDS/COMMITTEES? ~;r ~- ¢P~/j'//C/~Z~¢' ~/~,¢~-~¢~/~¢~¢~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) ---'7~PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable). (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) .~SONS FOR WANTING TO SERVE ON BOARD OR COM~MI'~-FEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPitUDE IN TH S OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? /1//~ I hereby cedi,'~ 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 ail 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. I have been provided with, reed and understand City of Sebastian C~de of Ordir~ces Sections 2-166 through 2-173 (attached). Information relative to a specific board or Subs~ibed and sworn to before me thisb'~:[:;' of ~77~'?~)-, by  , who is personally known to me, or hZ p-"~oduced as identification. rev. 5/2002 Andrew Alloceo, P.E. P.O. Box 780098 Sebastian, Florida 32978 Tel: (561) 388-3188 Fax: (561) 388-0044 October 9, 2002 The City of Sebastian Sebastian, Florida 32958 Re: Application To Serve On City Planning & Zoning Board Dear Council Members: I would like to serve on the Planning & Zoning Board as a Regular Member. I presently serve on the Construction Board as the Engineer Member. I hold active licenses in the State of Florida as: Professional Engineer, Certified General Contractor, Certified Mechanical Contractor, Certified Electrical Contractor, Certified Roofing Contractor, Certified Commercial Swimming Pool Contractor, Certified Plumbing Contractor and Licensed Real Estate Broker. I have enclosed a short list of my licenses & certifications along. The licenses have been registered with the Building & Zoning Department of the City of Sebastian. If I am appointed to the Planning & Zoning Board I will resign simultaneously from the Construction Board and I have taken the liberty of preparing a letter of resignation for said position. I am available to answer any additional questions. Sincerely, Andrew AIIocco Andrew Allocco, P.E. P.O. Box 780098 Sebastian, FL 32978 Tel: (561) 388-3188 Fax: (561) 388-0044 Email: AAlloeeo~aol.com 1967 1967 1967 1970 1970 1970 1970 1971 1972 1972 1972 1973 1973 1973 Graduated from the State University of New York Maritime College at Fort Schuyler with a degree in Marine Nuclear Engineering. Licensed by the United States Coast Guard as Third Assistant Engineer of Steam and Motor Vessels of any horsepower. Commissioned as an Ensign in the United States Naval Reserve. Commissioned by the New York State Department of Labor to inspect boilers & pressure vessels. Commissioned as a Boiler & Pressure Vessel Inspector by the National Board, commission # 6865. Commissioned by the State of Ohio Department of Industrial Relations as a Special Inspector of Boilers and Pressure Vessels. Commissioned by the Commonwealth of Pennsylvania Department of Labor and Industry as an Inspector of Boilers. Attended the Multi-Amp Institute Maintenance Seminar on the maintenance & test procedures for electrical protective devices. Honorable Discharge from the United States Naval Reserve as Lieutenant. Certificate of Competency as a Master Eleclrician issued by the Electrical Licensing Board of the Town of Huntington, Suffolk County Long Island, New York. Master Electrician's License # 614 issued by the Town of Huntington, Suffolk County, Long Island, New York. Master Electrician's License # 1254-E issued by the Suffolk County Department of Labor, Suffolk County, New York. Certificate of Competency as a Master Eleclrician #444 issued by the Suffolk County Department of Labor, Suffolk County, New York. Master Plumber's License # 966-P issued by the Suffolk County Department of Labor, Suffolk County, New York. Page 1 of 3 1973 1974 1975 1975 1976 1976 1977 1977 t977 1977 1977 1978 1978 1978 1978 1978 Certificate of Competency as a Master Plumber #562 issued by the Suffolk County Department of Labor, Suffolk County, New York. Private Pilot License, Single Engine, Land from the Federal Aviation Administration. Journeyman Plumber's License # G08474 issued by the Dade County Building & Zoning Department, Miami, Dade County, Florida. Journeyman Electrician's License #Gl 6337 issued by the Dade County Building & Zoning Department, Miami, Dade County, Florida. Certificate of Competency as a State of Florida General Contractor issued by the State of Florida, Construction Industry Licensing Board. Certified State General Contractor's License # CGC 010724 issued by the State o£ Florida Construction Industry Licensing Board. State of Florida Real Estate Salesman's License #0167709 issued by the State of Florida Real Estate Commission. Certificate of Competency as a State of Florida Roofing Contractor issued by the State of Florida Construction Industry Licensing Board. Certified State Roofing License #CC C012378 issued by the State of Florida Construction Industry Licensing Board. Certificate of Competency as a state of Florida Mechanical Contractor issued by the State of Florida Construction Industry Licensing Board. Certified State Mechanical Contractor's License #CMC 011653 issued bythe State of Florida Construction Industry Licensing Board. Certificate of Competency as a Master Plumber issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Master Plumber's License #CC 12287 issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Certificate of Competency as a Master Electrician issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Master Electrician's License # CC 12287 issued by Dade County Department of Building & Zoning, Miami, Dade County, Florida. Certificate of Competency as a Master Plumber issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Page 2 of 3 1978 Master Plumber's License #CC 12287 issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. 1978 1978 1980 1980 1980 1980 1982 1982 1987 1988 1988 1988 1989 1990 2002 Certificate of Competency as a Master Electrician issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Master Electrician's License # CC 12287 issued by Dade County Department of Building & Zoning, Miami, Dade County, Florida. Certified State Commercial Swimming Pool Contractor's License # CP C016138 issued bythe State of Florida Construction Industry Licensing Board. Certificate of Competency as a State of Florida Commercial Swimming Pool Contractor issued by the State of Florida Construction Industry Licensing Board. Registered State Electrician's License # ER 0007215 issued by the State of Florida Construction Industry Licensing Board. Registered State Plumbing Contractor's License # RF 0036662 issued by the State of Florida Construction Industry Licensing Board. Certified State Electrical Contractor's License # 0000525 issued by the State of Florida Construction Industry Licensing Board. Certificate of Competency as a State of Florida Electrical Contractor issued by the State of Florida Construction Industry Licensing Board. Licensed by the United States Coast Guard as Captain of Motor Vessels - Ocean Operator. Licensed by the State of Florida Department of Health and Rehabilitative Services as a Certified Radon Measurement Specialist - License No. R0042 Professional Engineer's License # 39381 issued by the State of Florida Department of Professional Regulation - Board of Professional Engineers. Licensed by the State of Florida Department of Health and Rehabilitative Services as a Certified Radon Mitigation Specialist - License No. R0219 Licensed by the State of Florida Department of Professional Regulation as a Certified Asbestos Consultant Licensed by the State of Florida Department of Professional Regulation as a Certified Asbestos Contractor Licensed by the State of Florida Department of Professional Regulation as a Certified Plumbing Contractor. Page 3 of 3 Andrew Allocco, P.E. P.O. Box 780098 Sebastian, Florida 32978 Tel: (561) 388-3188 Fax: (561) 388-0044 October 9, 2002 The City of Sebastian Sebastian, Florida 32958 Re: Application To Serve On City Planning & Zoning Board Dear Council Members: I am tendering my resignation from my position as Engineer Member - The Construction Board and am accepting a simultaneous appointment as Regular Member of The Planning & Zoning Board effective immediately. Sincerely, APPLICATION TO SERVE ON CITY BOARD/COMMITTFF (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: ,..,%'"'~& R b OOO HOME PHONE: ,b"'"~/- -,~7 7 ~' BUSINESS: ~'"'~ ~'~'"/~ ~ HOME FAX:.~'/- ¢~77' ~ E-MAIL: ! BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? NO DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ,,dO PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEWCOMMITTEE (serves only 6 months every 7 years ~ meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent boa[d) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMf]-FEE (permanent boa[d) '~--~'--PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI'I-I'EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /4J ~) WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) 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. _,who is as ide~cation. ~wp-form~applicat.wpd rev. 5/2002 I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or~:l~mittae is availableviOequested' personally known to me, or has produced JOHN N. CARROLL 596 Redwood Court Sebastian, Florida 32958 561-581-2778 CAREER SUMMARY Professional with demonstrated multi-functional capabilities. Experienced in planning, implementation and meeting the deadlines ora project environment. Established tract record as a negotiator, team player, and goal-oriented problem solver. Strong sales and interpersonal skills. ACCOMPLISHMENTS AND SPEC/AL RECOGNITIONS Managed Electrical Appremiceship Program at Indian River Community College. · Managed AGC Intemet Plan Room in Treasure Coast Area and Palm Beach County. · Organized AGC fund-raising activities · Recruited new members for the Associated General Comractors Association. · Lobbied local governments on behalf of Associated General Contractors. · Participated on architect and contractor selection panel for St. Lucie County School District. · Participated on several quality teams resuhing in 30% improvement in productivity and improved customer interaction. · Utilized existing inventory to provide construction service ahead of schedule and at a lower cost to resource recovery plant. · Designed and coordinated street lighting projects with several municipalities. · Recruited local and national builders into energy conservation program · Conducted marketing survey resulting in refocus of advertising and ultimate success of an energy conservation program. · Recognition for perfect attendance (22 years) and safe driving (26 years). · Designed and managed construction of electric distr~ution to large and s~mll commercial projects and residential subdivisions throughout Palm Beach County. PROFESSIONAL AND CMC Town of Haverhill - Mayor, Past Council President, Zoning Commissioner Haverhill Area Neighborhood Plan - Town Representative, Airport Overlay Committee/Palm Beach County Planning Division~ Home Builders and Contractors Association of Palm Beach County - Life Director, Second Vice President, Executive Committee, Associate of the Year, Member of Retention Corranittee, Scholarship Committee - Chair, Barbecue Committee - Chair, Gold Tournament Committee, Ambassadors Committee JOHN N. CARROLL PROFESSIONAL AND CMC - cominued · Florida Home Builders Association- Life Director, Area 4 Associate Vice-President. Convention Committee. · Good Government Management Association (FPL) - Chairperson, two terms. · West Palm Beach Optimist Club - Past President. · Kiwanis Club of Vero Beach- Past Member VOLUNTEER ACTIVITIES · March of Dimes - Walk for the Cure · State of Florida, District 85 - Citizen Advisory Board · American Heart Association · Parent Advisory Committee and Football Boosters Association - Chair, Palm Beach Lakes High School EDUCA~ON B.A., Psychology; Minor - Sociology University of West Florida, Pensacola, FL A.A., Business Administration Palm Beach Commun/ty College, Lake Worth, FL CORPORATE TRAINING · Quality Improvement - Team Leader · Transactional Analysis - Instructor · Customer Sensitivity · Effective Listening · Effective Writing · Community Information Speaker · Word Perfect · Stress Management MII~ITARY SERVICE Honorably Discharged - United States Marine Corp. EMPLOYMENT HISTORY Associated General Contractors of America, West Palm Beach, FL 1996 - 2000 Executive Assistant Responsible for the Treasure Coast Counties Florida Power and Light Company, Juno Beach, Florida 1969 - 1996 Construction Design & Project Management Sales/Marketing/Community Rehtions Customer Service Representative RECEIVED C¢1, OF SEBASTIAN OFFICE OF CITY CLERK 2002 OCT 10 Arq 22 APPLICATION TO SERVE ON CITY BOARDICOMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: J~3Y~ ~.,~ K~cu.,~,r.e,c- HOME ADDRESS: \._~\ /~', tt,~,r ~'~,r, HOME PHONE: ~ t- 'Tq-) ;)- HOME FAX: ~-~.A-,,/,{ F~ E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? C(.~ ~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? fl b DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~t'\'b PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMI'FrEE (permanent board) -~;=~PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTIN~G TO SERVE ON BOARD OR COMMITTEE: ~. v,~,£(~ Io v~_ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~EE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? V(. '0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 'V~ 0 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 tr~hfulness of all in~...mation whi~. ! have provided in this application. ! understand that any misrepresentation or omission of informa[io~ requested in this application is cause for disqualification. i have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (aRaci-,ed). Information ,elative to a specific board or com~i,t~ee is avaiiabi~if requeste~ ,  as identification. \wp-form~applicat.wpd rev. 5/2002 APPLICATION TO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) HOMEPHONE: ~,C~. ~13¢i HOMEFAX: ~-~_ z¢?37E-MAIL: BUS NESS: -7--A -Fa- BUSINESS ADDRESS: -~} ~-"A Ci/-~ru',,~ ~T'. BUSINESS PHONE: ~'~-. ~.?j"7 BUSINESS FAX: ~'~'~. ~/) 3'7 E-MAIL: '~'~-/gc-~kc,~ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~/~._~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? Ho DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMII-I'EE? WHICH BOARDS/COMMITTEES? ~ O PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI'I-I'EE (if applicable). (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI'i-rEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS ORANY STATE? ~ 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? x,./ ~ - I hereby certif7 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 informatien which I have provided in this application. [ undemtand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is avaj[abl~ if requested. Subscribed and sworn to before me thi,s~'~''l'1~ day of /~/~)V~/'~b(~r', 2~,~0._.__.~, by ~ ,~'~.r,~£11~, whorls personally known to me, or ~ ' ~ ~< L-["~', 'c · - * ' ~[~1z' L-[(..~', 5' ~ as identification. ~ 'ry Pubhc, S;atfo~ \wp-form\applicat.wpd rev. 5/2002 ClTYOF HO~E OF PELIEAN ISLAND OCTOBER 18, 2002 PRESS RELEASE PLANNING AND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL AN UNEXPIRED REGULAR MEMBER POSITION ON THE COMMISSION WHICH WILL EXPIRE 6/2004. IN THE EVENT CiTY COUNCIL APPOINTS AN ALTERNATE MEMBER OF THIS COMMISSION TO THE REGULAR MEMBER POSiTION, AND THERE ARE OTHER APPLICATIONS FOR THE REGULAR MEMBER POSITION, CITY COUNCIL CAN AUTOMATICALLY APPOINT ONE OF THE OTHER APPLICANTS TO THE ALTERNATE POSITION. QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN. THIS BOARD MEETS ON THE FIRST AND THIRD THURSDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED THROUGH WEDNESDAY, NOVEMBER 6TH, 2002. PLANNING & ZONING COMMISSION 3 YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY ADDRESS Emil Svatik, Jr. 350Watercrest Street Sebastian, FL 32958 388-5453 Lisanne Monier 1125 U.S. Highway I Sebastian, FL 32958 581-2626 Charles C. Barre~,Jr. 357 Tunison Lane Sebastian/FL 32958 589-7755 William Mahoney 207 Delaware Avenue Sebastian, FL32958 589-8524 Richard S. Smith 787 Carnation Drive Sebastian, FL 32958 388-6142 Appointed to Unexpired Alternate Member Position Vacated by Clarence Barton: 5/23/2001 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated by Kelly Mather: 10/24/2001 Term to Expire: 111112004 Is in 1~ Full Term and 1~ Regular Member year Appointed Unexpired Alternate member Position Vacated by Verge: 81812001: Term to Expire: 1/1/2002 Reappointed Alternate Member: 1/23/2002 Term to Expire: 1/1/2005 Appointed Regular Member Position of Jean VesJa: 3/27/2002 Term to Expire: 4/112005 1`t Full Term - 1"t Regular Member Year Appointed Unexpired Regular Member Position Vacated by Fischer;. 1/27/99 - Term to Expire: 5/1999 Reappointed to Regular Member Position: 4/24/99 - Term to Expire: 5/2002 Reappointed to Regular Member Position: 4/24/2002 - Term to Expire: 5/2005 2nd Full Term - 4th Regular Member Year Appointed to Alternate Member Position Vacated by Shidey Kilkelly: 11/18/98 - Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated by Pliska: 1/12/2000 Term to Expire: 2/1/2002 Reappointed Regular Member: 2/13/2002 Term to Expire: 2/112005 Is in ~ Regular Member Year Appointed to Alternate Member Position Vacated By Mahoney: 2/23/2000 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated By Gerhold: 7/26/2000 Term to Expire: 6/112003 Is in 15t Regular Member Year Richard S. Smith Appointed to Alternate Member Position Vacated 787 Carnation Drive By Mahoney: 2/23/2000 Sebastian, FL 32958 Term to Expire: 11/1/2001 388-6142 Appointed to Regular Member Position Vacated By Gerhold: 7/26/2000 Term to Expire: 6/1/2003 Is in 1st Regular Member Year Sheri L. Reichert Appointed to Alternate Member Position Vacated 772 Cavern Terrace by Emil Svatik: 10/24/2001 Sebastian, Florida 32958 Term to Expire:l 1/1/2004 388-1911 Appointed Unexpired Regular Member Position Vacated by Jean Carbano: 6/12/2002 Term to Expire: 6/1/2004 Is in 1st Regular Member Year Gene A. Rauth Appointed to Alternate Member Position Vacated 732 Cleveland St. B-15 by Carbano: 1/10/2001 Term to Expire: 1/1/2002 Sebastian, FL 32958 Appointed Regular Member Position Vacated by 388-9403 H O'Donnell: 5/9/2001 Reappointed with Term to Expire: 11/2005 Is in 2nd Regular Member Year Norman Blessing Appointed Unexpired Alternate Member Position 729 Horizon Terrace Vacated by Shed Reichert: 6/12/2002 Sebastian, Florida 32958 Term to Expire: 11/1/2004 589-1185 Harold E. Faille Appointed Unexpired Alternate 933 Oswego Avenue Member Position Vacated by Lisanne Sebastian, FL 32958 Monier: 3/27/2002 388-9891 Term to Expire: 1/1/2005 Staff Liaison - Growth Management Director Board Secretary - Dorri Bosworth 88 AGENDA TRANSMITTAL Subject: Approve Selection Process For Solid Waste Collection Services. '-T~rrence~:~oot'e, City Manager Agenda No. Department Origin:_~a~m~ General~iees Date Submitted: October 31, 2002 For Agenda of: November 13,2002 Exhibits: Guid elines EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: None SUMMARY On close of business June 30, 2003, the current Solid Waste Collection Services Franchise Agreement ends. In order to provide a smooth & orderly process of selecting the future firm to provide this service, staffwishes to request proposals t~om various experienced firms in accordance with the enclosed guidelines. The Administrative staffwill consider, among other things, price, qualifications, and ab'dity to provide the required services, and the two (2) top ranked firms would then be invited to enter into discussions/negotiations to determine a "best value" contract for the City. Staffwould then present to City Council a recommendation. For the purposes of the aforememioned request for proposals, the term Solid Waste Collection Services refers to both residential and commercial, and the intent will be to award a contract to one (1) firm for the exclusive right to perform both services within the City of Sebastian. RECOMMENDED ACTION Move to approve the Residential & Commercial Solid Waste Collection Services Franchise Agreement Selection Process as described. City of Sebastian Solid Waste Franchise Proposal Guidelines n Exclusive franchise for both residential and commercial collection, with prices negotiated for both "mandatory" and "voluntary" service systems. n The term of this franchise shall be for a period of 5-10 years, to be negotiated. All solid waste, including yard trash, shall be hauled to those sites or facilities maintained by Indian River County, or other approved facilities within the County. n Residential collection least two (2) times per week, with collections at least three (3) days apart. In addition to the solid waste collection, yard trash pickups will be made on one day per week. Residential collection shall begin no earlier than 7:00 a.m., and shall cease no later than 5:00 p.m., Monday through Friday. The same hours apply for collection of commercial waste, on a Monday - Saturday basis. n Collections of residential waste shall be at curbside or right-of-way. Special pickup service for garbage only, at the back door, for such elderly and/or disabled residents, shall be provided at no additional cost. a All collection equipment shall be enclosed. At "start up" of the fi'anchise agreement services, all collection equipment shall not be more than two (2) years old and during the course of the agreement shall not accumulate in age, year by year, to exceed seven (7) years old. A 6% franchise fee will be charged upon revenues. The contractor shall provide a standard performance/payment bond and insurance coverage. [] The contractor shall list a toll flee number in the major telephone books distr~uted in the City of Sebastian for emergency and complaint calls during the entire week. [] The contractor shall provide, at its own expense, a suitable office located within Indian River County. [] The contractor shall comply with all applicable City, State, and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. INVITATION REQUEST FOR PROPOSAL SOLID WASTE COLLECTION SERVICES REQUEST FOR PROPOSAL ARE BEING SOLICITED FROM EXPERIENCED FIRMS SPECIALIZING IN SOLID WASTE COLLECTION, BOTH RESIDENTIAL & COMMERCIAL. PROPOSALS WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL DECEMBER 30~ 2002 ~ 2:00 P.M.. SEALED ENVELOPES ARE TO BE MARKED AS FOLLOWS: RFP: SOLID WASTE COLLECTION DEADLINE: DECEMBER 30~ 2002 ~ 2:00 P.M. It is the intent of this RFP solicitation, to award an Exclusive Solid Waste Collection Franchise Agreement to one (1) firm only, for both residential and commercial solid waste collection services within the City of Sebastian. Two proposals (residential) are sought from each respondent, one under a mandatory collection system, and one for voluntary collection. A separate proposal for commercial solid waste collection is also required. Packages outlining the details of the above Proposals & its requirements, can be obtained by contacting the City of Sebastian Office of General Services Administrator at 772-388-8203 or by writing to the address described above at City Hall. All applicants shall be able to be properly licensed in the City of Sebastian, and shall show Proof of Insurance to conduct its business, with all licenses, permits, and certificates as required by all local, State of Florida, and Federal agencies. A Drug Free Workplace Form is provided and must be signed and submitted with your response. Any person or affiliate who has been place on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. A form is provided and must be signed & submitted with your response. Firms interested in submitting a response to this RFP, agree not to contact (lobby) City Council Members or any employee or agent of the City at any time during the solicitation period and selection process. All oral or written inquires must be directed through the General Services Administrator. Any other contact with the owner will be considered inappropriate and subject your response to rejection/disqualification. The City of Sebastian reserves the right to accept or reject any or ali proposals, waive any irregularities, award the contract to any respondent whose proposal is determined by the City to be in the best interest of the City, cancel this invitation at will, and/or extend any date/time deadline stated herein with or without notice. BY: City of Sebastian Paul L. Wagner, General Services Administrator CITY OF SEBASTIAN - REQUEST FOR PROPOSAL (RFP) Solid Waste Collection Services Residential & Commercial I. GENERAL & MISCELLANIOUS INFORMATION The City of Sebastian's current Solid Waste Collection Franchise Agreement (residential only) will expire close of business June 30, 2003, and therefore it would be expected that the selected firm would start collection services on July 1, 2003, with a term of between 5-10 years to be negotiated. The City encompasses approximately 14 square m~es, has a population of 17,700, with about 4,500 households, is 51% built out, and is growing at the rate of approximately 800 residents per year. The current Contractor reports a customer base of approximately 3,000, residential only, under a non-mandatory system. It is the intent of this RFP to award an Exclusive Solid Waste Franchise Collection Agreement for both residential and commercial to only one (1) firm with the expectation of more favorable pricing. II. PROPOSAL GUIDELINES a. Exclusive franchise for both residential and commercial collection, with prices negotiated for both "mandatory" and "voluntary" service systems. b. The term of this fi'anchise agreement shall be for a period of between 5-10 years, to he negotiated. c. All solid waste, including yard trash, shall be hauled to those sites or facilities maintained by Indian River County, or other approved facilities within the County. d. Residential collection at least two (2) times per week, with collections at least three (3) days apart. e. In addition to the solid waste collection, yard trash pickups will be made on one day per week. f. Residential collection shall begin no earlier than 7:00 a.m., and cease no later than 5:00 p.m., Monday through Friday. The same hours apply for collections of commercial waste, on a Monday - Saturday basis. g. Collections of residential shall be at curbside or right-of-way. h. Special pickup service for garbage only, at the back door, for such elderly and/or disabled residents, shall be provided at no additional cost. i. All collection equipment shall be enclosed. At "start up" of the franchise agreement services, all collection equipment shall not be more than two (2) years old and during the course of the agreemem shall not accumulate year by year to exceed seven (7) years old. j. A 6% ~anchise fee for both residential and commercial will be charged upon revenues. k. The contractor shall be required to provide, standard to the industry, payment/performance bonds and insurance coverage acceptable to the City in its sole discretion. 1. The contractor shall comply with all applicable City, State, and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. m. The contractor shall list a toll See number in the major telephone books distributed in the City of Sebastian for emergency and complaint calls seven days a week, twenty four hours a day. n. The contractor shall provide, at its own expense, a suitable office located within Indian River County. III. PROPOSALS a. Proposals must be submitted in a sealed envelope, and shall be marked and submitted as stipulated in the invitation for proposals. b. Five (5) sets of proposals are required to be submitted at the date, time, and location stated in the invitation. c. Proposals shall include ali items listed under Proposal Guidelines, and other reqtfirements as stated herein as a minimum, including price. d. The City Adminigtrative Staff will consider among other things, price, qualifications, and ability to provide the required services; Therefore, all proposals should contain a letter of interest and address these issues sufficiently to draw a conclusion. The two (2) top ranked firms will then be invited to enter into discussions/negotiations to determine a "best value" contract for the City. City Manager will then present to City Council a recommendation. City Council Action is fmafl. e. Mandatory residential collection proposals should take into consideration that, solid waste collection charges will be billed to the customer and collected by the tax collector including the 6% ~anchise fee. All other proposals for services ~ be the responsibility of the Contractor to collect including the 6% t~anchise fee. IV. NON-LOBBYING AGREEMENT Firms interested in submitting a response to this RFP, agree not to contact (lobby) City Council Members, or any employee or agent of the City at any time during the solicitation period and selection process. All oral or written inquires must be directed through the General Services Administration Department. Any other contact with the owner will be considered inappropriate and subject your response to immediate rejection/disqualification. V. INQUIRIES Interested parties having questions regarding this RFP shall address their questions to the following: City of Sebastian Paul Wagner, General Services Admirdstrator 1225 Main Street Sebastian, Florida 32958 VI. TERMS AND CONDITIONS 1. The City of Sebastian reserves the right to reject any and all proposals and/or re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate Contract terms and conditions, with the successful Proposer to disregard all non-conforming, non-responsive, unbalanced or conditional Proposals, to accept any Proposal which in the City's sole judgement will best serve the public interest. The City reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all the parties without any liability against the City. In consideration of the City's administrative review o£Proposals, the Proposer, by submitting its Proposal, expressly waives any claim to damages, of any kind whatsoever, in the event the City exercises its rights provided for in this subsection. 2. The City reserves the right to request clarification on information submitted ~om any respondent atter the deadline for the receipt of responses, or to request additional information, and conduct backgrotmd checks as may be required. 3. Any responses may be withdrawn until the date and time stipulated in the invitation for the submission of the responses. 4. Any Respondent who submits in its Proposal any information that is determined by the City, in its sole opinion, to be substantially inaccurate, m/sleading, exaggerated, or incorrect may be disqualified t~om consideration 5. The Respondent warrants that it has not employed or retained any company or person, to solicit or secure this Franchise Agreement where the Respondent has agreed to pay a fee, commission, percemage, gift, or other consideration upon or resulting ~om award of this Franchise Agreement. 6. Late Responses will not be accepted. DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that ~ ~ does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy nfthe statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effm~ to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify with the above requirements. that this firm complies fully Date: Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIIv[ES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If'you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in irmnediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill z158 creating Sections 287.132 - 133, Florida Statutes, effective July I, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purcliase order) in excess of the threshold amount orS10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/A~eement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence ora notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF TI-IrIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CB.IMPS TItlS FORM MUST BE SIGNED IN TIlE PRESENCE OF A NOTARY PUBLIC OR OTItER OFFICER AUTItORIZED TO ADMI2qlSTER OAT'ItS. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. This sworn statement is submitted by sworn statement) whose business address is .(name of entity submitting and (if applicable) its Federal Employer Identification (FERN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: __.) My name is _ (please print name of individual signing) and my relationship to the entity named above is I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or wkh the United States, including, bm not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry ora plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes., means: (I) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted ora public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(I)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) __ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) __ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this __ day of_____._~__~ 200~-by ~ (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Name: My Commission Expires: Commission Number: Subject: Runway 9-27 AGENDA TRANSMITTAL '~'~'rrenc~,.,R~. Moore, City Manager Exhibits: Agenda No....O2.. O~ ~ Department Origin: City Manager Finance Dept.: General Services: Date Submitted: _ zz/7/o2 For Agenda of: zz/z3/o2 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY in February 2002, City Council unanimously authorized acceptance of the recently revised Sebastian Municipal Airport (SMA) Master Plan as compiled and delivered on behalf of city administration by The LPA Group, Inc. A substantive component of the plan included the recommendation to implement projects and programs to facilitate the eventual construction and reopening of Runway 9-27. As recently reported, the City of Sebastian has been successful in securing necessary grant funding from the Federal Aviation Administration (FAA) to accomplish applicable goals, including removal of obstacles such as existing trees, power lines and buildings. As you will recall, both Velocity, Inc. and J&S Aviation, Inc. are positioned at each end of Runway 9-27, and as such, cannot continue to remain at their respective locations. Therefore, pursuant to terms and conditions governing the aforementioned FAA grant award, staff wishes to recommend endorsement of a policy to initiate good faith purchases of facilities and leasehold interests of both entities. This arrangement will also allow each tenant to relocate to available alternative sites at their discretion. R~ECOMMENDED ACTION Endorse the policy of initiating a good faith purchase of facilities and leasehold interests as applicable, from both Velocity, Inc. and J&S Aviation, Inc. City of Sebastian, Florida Subject: First reading of Ordinance No. O- 02-18, implementing a telecommunications regulatory ordinance. Exhibits: Ordinance O-02-18 EXPENDITURE REQUIRED: None AgendaNo. 02., 005 Department Origin: Growth Management Tracy E. Ha~ Date Submitted: November 6, 2002 For Agenda of.' November 13, 2002 AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY Per City Council direction, and following an extensive research and formulation period, staff and the Planning and Zoning Commission have completed the task of developing the City's first telecommunications ordinance. Said ordinance will provide the City with an effective tool in governing placement of such facilities, as well as provide staff with guidelines with which to facilitate appropriate design of the sometimes imposing facilities. Within the text of the ordinance you will note that specific design guidelines have been implemented to create less imposing structures, so as to hopefully create lesser impacts to the community. One such way of accomplishing this is for the applicants to develop alternative tower structures, or those that are disguised and not easily recognizable as telecommunications towers or facilities. Additionally, specific siting criterion has been included in the ordinance affording the City the ability to better dictate appropriate locations for telecomm facilities. The ordinance also contains a provision for the City to hire and independent consultant, at the developer's expense, for review of technical data in relation to required application data. RECOMMENDED ACTION Hold a first reading of Ordinance No. O-02-18 and schedule a pubIic hearing for December 11, 2002. ORDINANCE NO. 0-02-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, pursuant to Section 2(b), Article VIII of the Florida Constitution and Chapter 166, Florida Statutes, the City of Sebastian is authorized and required to protect the public health, safety and welfare, and may exercise any power for any govemmental purpose except as expressly prohibited by law; and WHEREAS, pursuant to said authority and Florida Statutes 163.3202, the City has enacted land development regulations consistent with its adopted Comprehensive Plan, which protect the quality of life in the City of Sebastian; and WHEREAS, good land planning and concem for the quality of life in our City dictate that reasonable regulations be in place regarding location and criteria for commercial communication towers; and WHEREAS, the regulations promulgated herein protect said public interest in a nondiscriminatory manner in balance with the need of the public for telecommunication services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby anaended by adding a section, to be numbered section 54-6-23.1, which said section shall read as follows: Section 54-6-23.1. Purpose. In order to ensure that the placement, construction, and modification of Wireless Telecommunications Facilities protects the City's health, safety, public welfare, environmental features and other aspects of the quality of life specifically listed elsewhere in this Ordinance, the City hereby adopts an overall policy with respect to a Conditional Use Permit for Wireless Telecommunications Facilities for the express purpose of achieving the following goals: A. Implementing an Application process for person(s) seeking a Conditional Use Permit for Wireless Telecommunications Facilities; B. Establishing a policy for examining an application for and issuing a Conditional Use Permit for Wireless Telecommunications Facilities that is both fair and consistent; C. Promoting and encouraging, wherever possible, the sharing and/or collocation of Wireless Telecommunications Facilities among service providers; D. Providing for the appropriate location and development of telecommunications facilities in the City of Sebastian, including prohibition of new telecommunications facilities in areas zoned for residential use; E. Minimizing adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging and promoting use of alternative telecommunication tower structures as a primary option rather than construction of additional single- use towers; F. Avoiding potential damage to adjacent properties from tower or antennae failure through engineering and careful siting of telecommunications tower structures and antennae; and G. Maximizing use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the City. Section 2. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.2, which said section shall read as follows: AA Section 54-6-23.2. Exemptions. The following are exempt from the provisions of this ordinance: A. Emergency Wireless Telecommunications Facility. Temporary wireless communication facilities for emergency communications by public officials. B. Amateur (ham) radio stations. Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC). C. Maintenance or repair. Maintenance, repair or reconstruction of a wireless telecommunications facility and related equipment, provided that there is no change in the height or any other dimension of the facility. D. Temporary wireless telecommunications facility. Temporary wireless telecommunications facility, in operation for a maximum period of one hundred eighty (180) days. E. Antennas as Accessory Uses. An antenna that is an accessory use to a residential dwelling unit. Section 3. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.3, which said section shall read as follows: Section 54-6-23.3. Definitions. For purposes of this Ordinance, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory. A. "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunications Facilities, and located on the same property or lot as the Wireless Telecommunications Facilities, including but not limited to, utility or transmission equipment, storage sheds or cabinets. B. "Alternative Tower Structure" includes, but is not limited to the following: Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. C. Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), and microwave Telecommunications. D. "Applicant" means any Person submitting an Application to the City of Sebastian for a Conditional Use Permit for Wireless Telecommunications Facilities. E. "Application" means the Development Order form, together with all necessary and appropriate documentation that an Applicant submits in order to receive a Conditional Use Permit for Wireless Telecommunications Facilities. F. "City" means the City of Sebastian, Florida. G. "Collocation" means the use of the same Telecommunications Tower or slrueture to carry two or more Antennae £or the provision of wireless services by two or more persons or entities. H. "Commercial Impracticability" or "Commercially Impracticable" shall have the meaning in this Ordinance and any Conditional Use Permit granted hereunder as a circumstance which may excuse the applicant or holder from performing a requirement where these three conditions exist: 1) a contingency must occur; 2) nonoccurrence of the contingency must have been a basic assumption on which the requirement was made; and 3) performance must thereby be made "impractical" because of including but not limited to excessive and unreasonable cost. I. "Completed Application" means an Application that contains all information and/or data necessary to enable the Commission to evaluate the merits of the Application, and to make an informed decision with respect to the effect and impact of Wireless Telecommunications Facilities on the City in the context of the permitted land use for the particular location requested. J. "Commission" means the Planning and Zoning Commission of the City of Sebastian. K. "Conditional Use Permit" means the official document or permit by which an Applicant is allowed to construct and use Wireless Telecommunications Facilities as granted or issued by the City. L. "Direct-to home satellite services" or "Direct Broadcast Service" or "DBS" means only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, except at the subscribers' premises or in the uplink process to the satellite. M. "EPA" means the State and/or Federal Environmental Protection Agency or its duly designated and authorized successor agency. N. "FAA" means the Federal Aviation Administration, or its duly designated and authorized successor agency. O. "FCC" means the Federal Communications Commission, or its duly designated and authorized successor agency. P. "Free standing Tower" means a Tower that is not supported by guy wires and ground anchors or other means of attached or external support. Q. "Height" means, when referring to a Tower or structure, the distance measured from the preexisting grade level to the highest point on the Tower or structure, even if said highest point is an Antenna. R. "Lattice Tower" A self-supporting communications tower with three or more sides of openfi'amed supports. S. "Monopole Tower" means a cylindrical self-supporting communications tower constructed as a single spire. T. "NIER" means Non-Ionizing Electromagnetic Radiation U. "Person" means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity. V. "Personal Wireless Facility" See definition for 'Wireless Telecommunications Facilities'. W. "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning as defined and used in the 1996 Telecommunications Act. X. "State" means the State of Florida. Y. "Survey" means a survey containing the seal and certification of a properly licensed professional engineer or professional land surveyor. Z. "Telecommunication Site" See definition for Wireless Telecommunications Facilities. AA. "Telecommunications" means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems. BB. "Telecommunications Structure" means a structure used in the provision of services described in the definition of 'Wireless Telecommunications Facilities'. CC. "Temporary" means in relation to all aspects and components of this Ordinance, something intended to, or that does, exist for fewer than one-hundred eight (180) days. DD. "Wireless Telecommunications Facilities" or "Telecommunications Tower" or "Telecommunications Site" or "Personal Wireless Facility" means a structure, facility or location designed, or intended to be used as, or used to support, Antennas, as well as antennas or any functional equivalent equipment used to transmit or receive signals. It includes without limit, the tower compound, free standing Towers, guyed Towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an Antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal Telecommunications services, or microwave Telecommnnications, but excluding those used exclusively for fire, police and other dispatch Telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar Telecommunications. Section 4. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.4, which said section shall read as follows: Section 54-6-23.4. Pre-application meeting. There shall be a pm-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre-application meeting may also include a site visit if required. Where the Application is for the collocation of an existing Telecommunications Tower(s) or other high structure, the Applicant should seek to waive any section or sub-section of this Ordinance that may not be required. Section 5. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.5, which said section shall read as follows: Section 54-6-23.5. Collocation of Wireless Telecommunications Facilities and other structures. A. Collocation of existing Wireless Telecommunications Facilities shall be preferred by the City, as opposed to the proposed construction of a new Telecommunications Tower. Where such collocation is unavailable, location of Antennas on other pm-existing structures shall be considered and preferred. The Applicant shall submit a comprehensive report inventorying existing Towers and other appropriate structures within four (4) miles of any proposed new Tower Site, unless the Applicant can show that some other distance is more reasonable, and outlining opportunities for collocate of existing facilities and the use of other pre-existing structures as a preferred alternative to new construction. B. An Applicant intending to share use of an existing Telecommunications Tower or other structure shall be required to document the intent of the existing owner to share use. In the event an Application to share the use of an existing Telecommnnications Tower does not increase the height of the Telecommunications Tower, City staff shall waive such requirements of the Application required by this Local Ordinance as may be for good cause shown. Section 6. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.6, which said section shall read as follows: Section 54-6-23.6. Location of Wireless Telecommunications Facilities. A. Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Growth Management Department related to the availability of suitable existing towers, other structures or altemative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval): 1. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. 2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. 3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. 4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development by 25% are presumed to be unreasonable. 6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. B. In the event no existing towers or structures are located within the geographic area which meet applicant's engineering requirements, applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless Telecommunications Facilities in accordance with the following priorities, one (1) being the highest priority and three (3) being the lowest priority. 1. Collocation on existing Telecommunications Towers or other tall structures; 2. On municipally-owned properties; 3. On other property in the City zoned for either commercial or industrial use only. C. If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. D. An Applicant may not by-pass sites of higher priority by stating the site presented is the only site leased or selected. An Application shall address collocation as an option mad if such option is not proposed, the applicant must explain why collocation is Commemially Impracticable. D. Notwithstanding the above, the Commission may approve any site located within an area in the above list of priorities, provided that the Commission finds that the proposed site is in the best interest of the health, safety and welfare of the City and its inhabitants. E. The Applicant shall, in writing, identify and disclose the number and locations of any additional sites that the Applicant has been, is, or will be considering, reviewing or planning for Wireless Telecommunications Facilities in the City. F. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Commission may disapprove an Application for any of the following reasons. 1. Conflict with safety and safety-related codes and requirements; 2. Conflict with any historic preservation regulations pertaining to any historical district; 3. The use or construction of Wireless Telecommunications Facilities which is contrary to an already stated purpose ora specific zoning or land use designation; 4. The placement and location of Wireless Telecommunications Facilities which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers; 5. Conflicts with the provisions of this Ordinance. Section 7. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.7, which said section shall read as follows: Section 54-6-23.7. Retention of Expert Assistance and Reimbursement by Applicant. A. The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the Application and any requests for recertiflcation. B. An Applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable costs of consultant and expert evaluation and consultation to the City in connection with the review of any Application. The initial deposit shall be $7,500.00. These funds shall accompany the filing of an Application and the City will maintain a separate escrow account for all such funds. The City's consultants/experts shall bill or invoice the City no less frequently than monthly for its services in reviewing the Application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500.00, Applicant shall immediately, upon notification by the City, replenish said escrow account so that it has a balance of at least $2,500.00. Such additional escrow funds must be deposited with the City before any further action or consideration is taken on the Application. In the event that the amount held in escrow by the City is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the Applicant. C. The total mount of the funds set forth in subsection (B) of this section may vary with the scope and complexity of the project, the completeness of the Application and other information as may be needed by the City or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as required and requested by the City, shall be paid by the Applicant. Section 8. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.8, which said section shall read as follows: Section 54-6-23.8. Exceptions from a Conditional Use Permit for Wireless Telecommunications Facilities. A. No Conditional Use Permit shall be required for collocating antennae on existing Wireless Telecommunications Facilities. Additionally, no Conditional Use Permit shall be required for those exceptions noted in the definition of Wireless Telecommunications Facilities, such as those used exclusively for fire, police and other dispatch Telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar Telecommunications. B. All Wireless Telecommunications Facilities legally existing on or before the effective date of this Ordinance shall be allowed to continue as they presently exist, provided however, that any modification to existing Wireless Telecommunications Facilities must comply with this Ordinance. Section 9. That the Code of Ordinances, City of Sebastian, Florida, is hereby an~ended by adding a section, to be numbered section 54-6-23.9, which said section shall read as follows: Section 54-6-23.9. Conditional Use Permit Application and Other Requirements. A. All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any modification of such facility shall comply with the requirements set forth in this section. The Planning and Zoning Commission is the officially designated agency or body of the community to whom applications for a Conditional Use Permit for Wireless Telecommunications Facilities shall be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, or revoking conditional use permits for Wireless Telecommunications Facilities. B. An applicant for a Conditional Use Permit for Wireless Telecommunications Facilities shall either be a licensed carrier or have a licensed carrier as a co-applicant that has obtained FCC approval to install equipment on the subject site. C. An Application for a Conditional Use Permit for Wireless Telecommunications Facilities shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the Applicant, shall also sign the Application, and submit an authorization letter stipulating the applicant is legally authorized to act on behalf of the owner. D. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the Commission. E. The Applicant shall include a statement in writing: 1. That the applicant's proposed Wireless Telecommunications Facilities shall be maintained in a safe manner, and in compliance with all conditions of the Conditional Use Permit, without exception, unless specifically granted relief by the Commission in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Ordinances, rules, and regulations; 2. That the construction of the Wireless Telecommunications Facilities is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the State of Florida. F. No Wireless Telecommunications Facilities shall be installed or constructed until the site plan is reviewed and approved by the Commission, the Conditional Use Permit has been approved, and the building permit has been issued by the Building Department. G. All new Wireless Teleconmaunication facilities requiring a new supporting tower to be erected shall use a Monopole Tower, or other acceptable alternative tower structure, as defined herein. All conditional use permit applications for new Wireless Telecommunications Facilities shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed professional engineer registered in the State of Florida. Where this section calls for certification, such certification shall be by a qualified Florida State licensed Professional Engineer acceptable to the City, unless otherwise noted. The Application shall include, in addition to the other requirements for the Conditional Use Pemfit, the following information: 1. Documentation that demonstrates the need for the Wireless Telecommunications Facility to provide service primarily within the City; 2. Name, address mad phone number of the person preparing the report; 3. Name, address, and phone number of the property owner, operator, and Applicant, to include the legal form of the Applicant; 4. Postal address and tax map parcel number of the property; 5. Zoning District or designation in which the property is situated; 6. Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines reflected on a survey; 7. Location of nearest residential structure or residential zoning district; 8. Location of nearest habitable structure; 9. Location, size and height of all structures on the property which is the subject of the Application; 10. Location, size and height of all proposed and existing antennae and all appurtenant structures; 11. Type, locations and dimensions of all proposed and existing landscaping, and fencing; 12. The number, type and design of the Telecommunications Tower(s) Antenna(s) proposed and the basis for the calculations of the Telecommunications Tower's capacity to accommodate multiple users; 13. The make, model and manufacturer of the Tower and Antenna(s); 14. A description of the proposed Tower and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting; 15. The frequency, modulation and class of service of radio or other transmitting equipment; 16. Transmission and maximum effective radiated power of the Antenna(s); 17. Direction of maximum lobes and associated radiation of the Antenna(s); 18. Applicant's proposed Tower maintenance and inspection procedures and related system of records; 19. Certification that N1ER levels at the proposed site are within the threshold levels adopted by the FCC; 20. Certification that the proposed Antenna(s) will not cause interference with existing telecommunications devices, which certification shall be reviewed by a licensed engineer approved by the Cit~, 21. A copy of the FCC license applicable for the use of Wireless Telecommunications Facilities; 22. Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed Wireless Telecommunications Facilities on the proposed site, which certification shall be reviewed by a licensed engineer designated by the City; 23. Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites;_ 24. Applicant shall disclose in writing any agreement in existence prior to submission of the Application that would limit or preclude the ability of the Applicant to share any new Telecommunication Tower that it constructs. 25. Certification and Statement that appropriate space has been reserved on the tower for public safety usage at no cost to the public safety entity. The City will provide the specific requirements for such public safety usage, if any, promptly after the preapplication meeting. In the case of a new Telecommunication Tower, the Applicant shall be required to submit a written report demonstrating its efforts to secure collocation rights of existing Telecommunications Tower(s) or use of existing buildings or other structures within the City. Copies of written requests and responses for collocation shall be provided to the Commission. I. The Applicant shall furnish a Visual Impact Assessment which shall include: I. A" Zone of Visibility Map" which shall be provided in order to determine locations where the Tower may be seen. 2. An assessment of the visual impact of the Tower base, and accessory buildings from abutting and adjacent properties and streets. 3. An artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within fifteen-hundred (1,500) feet of all property lines of the parcel on which the Wireless Telecommunications Facilities are located. J. All utilities from Wireless Telecommunications Facilities sites shall be installed underground and in compliance with all Ordinances, rules and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. K. Both the Wireless Teleconmnmications Facility and any and all accessory or associated facilities shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. L. At a Telecommunications Site, an access road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting/removal. M.A Person who holds a Conditional Use Permit for Wireless Telecommunications Facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted Wireless Telecommunications Facilities in strict compliance with all current technical, safety and safety-related codes adopted by the City, State, or Federal, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, and health codes. In the event of a conflict between or among any of the preceding the more stringent shall apply. N. A holder of a Conditional Use Permit granted under this Ordinance shall obtain, at its own expense, all permits and licenses required by applicable rule, regulation or Ordinance, and must maintain the same, in full force and effect, for as long as required by the City or other governmental entity or agency having jurisdiction over the applicant. O. The Applicant shall examine the feasibility of designing a proposed Telecommunications Tower to accommodate future demand for at least two (2) additional commercial applications, for example, future collocations. The Telecommunications Tower shall be structurally designed to accommodate at least two (2) additional Antenna Arrays equal to those of the Applicant, and located as close to the Applicant's Antenna as possible without causing interference. This requirement may be waived, provided that the Applicant, in writing, demonstrates that the provision of future shared usage of the Telecommunications Tower is not technologically feasible, or is Commemially Impracticable and creates an unnecessary and unreasonable burden, based upon: 1. The foreseeable number of FCC licenses available for the area; 2. The kind of Wireless Telecommunications Facilities site and structure proposed; 3. The number of existing and potential licenses without Wireless Telecommunications Facilities spaces/sites; 4. Available space on existing and approved Telecommunications Towers. The applicant shall submit to the City a letter of intent committing the owner of the proposed new Tower, and his/her successors in interest, to negotiate in good faith for collocation of the proposed Tower by other Telecommunications providers in the future. This letter shall be filed with the City. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the Conditional Use Permit. The letter shall commit the new Tower owner and their successors in interest to: 1. Respond within 60 days to a request for information from a potential collocate applicant; 2. Negotiate in good faith concerning future requests for collocation of the new Tower by other Telecommunications providers; The holder of a Conditional Use Permit shall notify the City of any intended modification of a Wireless Telecommunication Facility and shall apply to the City to modify, relocate or rebuild a Wireless Telecommunications Facility. Section 10. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.10, which said section shall read as follows: Section 54-6-23.10. Factors to be considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Article VI of this chapter, the Planning Commission shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Pla~ing Commission concludes that the goals of this section are better served thereby: 1. Location of nearest habitable structure, nearest residential structure or residential zoning district; 2. Proximity of the tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 5. Surrounding tree coverage and foliage; 6. Surrounding topography; 7. Height of the proposed tower; 8. Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures; 9. The number, type and design of the Telecommunications Tower(s) Antenna(s) proposed and the basis for the calculations of the Telecommunications Tower's capacity to accommodate multiple users. Section 11. That the Code of Ordinances, City of Sebastian, Florida, is hereby mnended by adding a section, to be numbered section 54-6-23.11, which said section shall read as follows: Section 54-6-23.11. Aesthetics and Visibility of Wireless Telecommunications Facilities. A. Applicants must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible. Alternative tower structures include -- Man-made trees, clock towers, bell steeples, light poles and similar altemative-design mounting structures that camouflage or conceal the presence of antennas or towers If the tower is not to be camouflaged by an alternative tower structure, the tower shall either maintain a neutral color consisting of the light gray and light blue color spectrum, or meet the applicable standards of the FAA. Whether a tower is camouflaged or not at a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings. If an antenna is installed on a slructure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as required by this Ordinance or other regulatory authority. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside the perimeter of the compound. Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. The barrier, hedge, or landscape berm shall he a minimum of four (4) feet in height. In addition, there shall be a minimum of one (1) shrub for every two (2) lineal feet of the required landscape strip. Additionally one (1) tree per every twenty-five (25) lineal feet shall be included within said landscaped strip. Section 12. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.12, which said section shall read as follows: Section 54-6-23.12. Site Plan Requirements. A. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Land Use classification of the site and alt properties within fifteen hundred (1,500) feet, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, landscaping, fencing and other information deemed by the Growth Management Department to be necessary to assess compliance with this section; B. Legal description of the parent tract and leased parcel (if applicable); The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; The separation distance from other towers within the City's boundaries shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s), if known, as well as the owner/operator of the existing tower(s), as applicable; A landscape plan showing specific landscape materials; The Applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed Wireless Telecommunications Facilities base and all related facilities and structures; F. Method of fencing and finished color and, if applicable, the method of camouflage and illumination; G. A description of compliance with all regulations contained herein, all applicable federal, state or local laws; A notarized statement by the applicant as to whether construction of the tower will accommodate colocation of additional antennas for future users and if not why it will not; I. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; J. A description of the feasible locations of future towers or antennas within the City of Sebastian based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected; K. Applicant's proposed Tower maintenance and inspection procedures and related system of records; If lighting is required, Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations, and M.The applicant shall provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the Telecommunications Tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation Part 77. This requirement shall be for any new tower, or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner. Section 13. That the Code of Ordinances, City of Sebastian, Florida, is hereby mended by adding a section, to be numbered section 54-6-23.13, which said section shall read as follows: Section 54-6-23.13. Lot Size and Setbacks. A. Wireless Telecommunications Facilities, excluding Alternative Tower Structures, shall be located with a minimum setback from any property line a distance equal to the height of the Wireless Telecommunications Facility or the existing setback requirement of the underlying zoning district, whichever is greater. Further, any Accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. B. Alternative Tower Structures shall be exempt from subsection A above. Section 14. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.14, which said section shall read as follows: Section 54-6-23.14. Height of Telecommunications Tower(s). The Applicant must submit documentation justifying to the Conmqission the total height of any Telecommunications Tower, Facility and/or Antenna and the basis therefore. Such justification shall be to provide service within the City, to the extent practicable, unless good cause is shown. Telecommunications Towers shall be no higher than the minimum height necessary. Unless waived by the Commission upon good cause shown, the maximum height shall be one hundred-ten (110) feet, based on three (3) collocated tiers, ninety-five (95) feet, based on two (2) collocated tiers, and eighty (80) feet, based on single antennae._ The maximum height of any Telecommunications Tower and attached Antennas constructed after the effective date of this Ordinance shall not exceed that which shall permit operation without artificial lighting of any kind, in accordance with municipal, county, state, and/or any federal statute, code, rule or regulation. Section 15. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.15, which said section shall read as follows: Section 54-6-23.15. Security of Wireless Telecommunications Facilities. All Wireless Telecommunications Facilities and Antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specific requirements are as follows: A. All Antennas, Towers and other supporting structures, shall be enclosed by security fencing not less than six (6) feet, yet no greater than eight (8) feet, in height and shall also be equipped with no more than three (3) strands of barbed wire, and B. Transmitters and Telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them. Section 16. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.16, which said section shall read as follows: Section 54-6-23.16. Signage. Wireless Telecommunications Facilities shall contain a sign no larger than six (6) square feet to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. The sign shall not be lighted unless the Commission shall have allowed such lighting. No other signage, including advertising, shall be permitted on any facilities, Antennas, Antenna supporting structures or Antenna Towers, unless otherwise required by law. Section 17. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.17, which said section shall read as follows: Section 54-6-23.17. Application Fee. At the time that a person submits an Application for a Conditional Use Permit for a new Telecommunications Tower, such person shall pay a non- refundable application fee of $1,500.00 to the City. If the Application is for a Conditional Use Permit for collocating on an existing Telecommunications Tower or high structure, where no increase in height of the Tower or structure is required, the non-refundable fee shall be $1,000.00. These fees shall not include the cost of the building permit. Section 18. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.18, which said section shall read as follows: Section 54-6-23.18. Performance Security. The Applicant and the owner of record of any proposed Wireless Telecommunications Facilities property site shall at its cost and expense, be jointly required to execute and file with the City a bond, or other form of security acceptable to the City as to type of security and the form and mmmer of execution, in an amount of at least $75,000.00 and with such sureties as are deemed sufficient by the Commission to assure the faithful performance of the terms and conditions of this Ordinance and conditions of any Conditional Use Permit issued pursuant to this Ordinance. The full amount of the bond or security shall remain in full force and effect throughout the term of the Conditional Use Permit, including a transference of ownership, and/or until the removal of the Wireless Telecommunications Facilities, and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the Conditional Use Permit and shall entitle the Commission to revoke the Conditional Use Permit after prior written notice to the Applicant and holder of the permit and after a heating upon due prior notice to the Applicant and holder of the Conditional Use Permit. Section 19. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.19, which said section shall read as follows: Section 54-6-23.19. Public Hearing Required. A. Prior to the approval of any Application for a Conditional Use Permit for Wireless Telecommunications Facilities, a public hearing shall be held by the Commission, notice of which shall be published in a newspaper of general circulation within the City no less than fifteen (15) calendar days prior to the scheduled date of the public heating. In order to insure that nearby landowners are informed, the Applicant, at time of application submittal shall be required to provide names and address of all landowners whose property is located within five hundred (500) feet of any property line of the lot on which the new Wireless Telecommunications Facilities are proposed to be located and certify that the Applicant has provided notice to said landowners of the public hearing. B. The City shall schedule the public heating referred to in Subsection (A) of this section once it finds the Application is complete. The City, at any stage prior to issuing a Conditional Use Permit, may require such additional information as it deems necessary. Section 20. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.20, which said section shall read as follows: Section 54-6-23.20. Action on an Application for a Conditional Use Permit for Wireless Telecommunications Facilities. A. The Commission will undertake a review of an Application pursuant to this Ordinance in a timely fashion, and shall act within a reasonable period of time given the relative complexity of the Application and the circumstances, with due regard for the public's interest and need to be involved, and the Applicant's desire for a timely resolution. Except for necessary building permits, once a Conditional Use Permit has been granted hereunder, no additional permits or approvals shall be required by the City. After the public hearing and after formally considering the Application, the Commission may approve and issue, or deny, a Conditional Use Permit. It's decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the Applicant. D. The applicant shall be notified in writing of the Commission's decision regarding the Conditional Use Permit application within ten (10) calendar days of the Commission's action. E. Appeals of decisions of the planning and zoning commission shall be to the City Council pursuant to section 54-1-2.4(g). Section 21. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.21, which said section shall read as follows: Section 54-6-23.21. Extent and Parameters of Conditional Use Permit for Wireless Telecommunications Facilities. The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall be as follows: A. Such Conditional Use Permit shall be non-exclusive; Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express prior written consent of the Staff, and such consent shall not be unreasonably withheld or delayed; Such Conditional Use Permit may, following a heating upon due prior notice to the Applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional Use Permit for Wireless Telecommunications Facilities, or for a material violation of this Ordinance after prior written notice to the Applicant and the holder of the Conditional Use Permit. Section 22. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.22, which said section shall read as follows: Section 54-6-23.22. Adherence to State and/or Federal Rules and Regulations. To the extent that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities has not received relief, or is otherwise exempt, from appropriate State and/or Federal agency rules or regulations, then the holder of such a Conditional Use Permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards. To the extent that applicable roles, regulations, standards, and provisions of any State or Federal agency, including but not limited to, the FAA and the FCC, and specifically including any roles and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a Conditional Use Permit for Wireless Telecommunications Facilities, then the holder of such a Conditional Use Permit shall conform the permitted Wireless Telecommunications Facilities to the applicable changed and/or modified role, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified role, regulation, standard, or provision, or sooner as may be required by the issuing entity. Section 23. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.23, which said section shall read as follows: Section 54-6-23.23. Removal of Wireless Telecommunications Facilities. A. Under the following circumstances, Staff may determine that the health, safety, and welfare interests of the City warrant and require the removal of Wireless Telecommunications Facilities. 1. Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as Wireless Telecommunications Facilities) for a period exceeding one hundred-eighty (180) days, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days; 2. Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it creates a health or safety hazard; 3. Wireless Telecommunications Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any other necessary authorization. B. If the City makes such a determination as noted in subsection (A) of this section, then the City shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be removed. The City may approve an interim temporary use agreement/permit, such as to enable the sale of the Wireless Telecommunications Facilities. The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle and remove such Wireless Telecommunications Facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or Commemial Impracticability, within ninety (90) days of receipt of written notice from the City. D. If Wireless Telecommunications Facilities are not removed or substantial progress has not been made to remove the Wireless Telecommunications Facilities within ninety (90) days after the permit holder has received notice, then the City may order officials or representatives of the City to remove the Wireless Telecommunications Facilities at the sole expense of the owner or Conditional Use Permit holder. E. If the City removes or causes to be removed, Wireless Telecommunications Facilities, and the owner of the Wireless Telecommunications Facilities does not claim and remove it from the site to a lawful location within ten (10) days, then the City may take steps to declare the Wireless Telecommunications Facilities abandoned, and sell them and their components. Notwithstanding anything in this Section to the contrary, Staff may approve a temporary use permit/agreement for the Wireless Telecommunications Facilities, for no more than ninety (90) days, during which time a suitable plan for removal, conversion, or re-location of the affected Wireless Telecommunications Facilities shall be developed by the holder of the Conditional Use Permit, subject to the approval of the Staff, and an agreement to such plan shall be executed by the holder of the Conditional Use Permit and the City. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the City may take possession of and dispose of the affected Wireless Telecommunications Facilities in the manner provided in this Section. Section 24. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.24, which said section shall read as follows: Section 54-6-23.24. Relief. Any Applicant desiring relief or exemption from any aspect or requirement of this Ordinance may request such from the City at a pre-Application meeting, provided that the relief or exemption is contained in the original Application for either a Conditional Use Permit, or in the case of an existing or previously granted Conditional Use Permit, a request for modification of its Tower and/or facilities. Such relief may be temporary, permanent, partial or complete, at the sole discretion of the Commission. However, the burden of proving the need for the requested relief or exemption is solely on the Applicant to prove to the satisfaction of the Commission. The Applicant shall bear all costs of the City in considering the request and the relief shall not be transferable without the specific written permission of the City. Such permission shall not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted the relief or exemption will have no significant effect on the health, safety and welfare of the City, its residents and other service providers. Section 25. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 26. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 27. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of December, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney City of Sebastian, Florida Subject: First reading of Ordinance No. O- 02-19, modifying the accessory structure regulation section of the land development code. AgendaNo. OZ. gq'7 Department Origi..~rowth Management Tracy E. Has~k, Date Submitted: November 6, 2002 For Agenda of: November 13, 2002 Exhibits: Ordinance O-02-19 EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Although our land development code is a good working document, occasionally the need arises to make certain modifications to the code. Section 54-2-7.5 of Article VII contains regulations pertaining to accessory structure design and placement criteria. Due to the proliferation of said structures, there exist a need to strengthen the regulations pertaining to these structures. Therefore, staff and the Planning and Zoning Commission worked conjunctively in developing more appropriate guidelines for regulating accessory buildings. Succinctly, the revised code will classify accessory structures into one of three categories based on size: The first being those structures less than 500 square feet, which will continue to be regulated in a manner similar to existing guidelines for location and design criteria; the next category is for structures between 501 and 750 square feet, which will be required to more closely resemble the color and design of the principle residence; lastly is the category of structures between 751 and 1000 square feet, which will now be required to be designed with the same facade, materials, color and roof pitch as the primary residence. Additionally, supplemental landscaping will be required along the perimeter of these structures. Please see the attached ordinance for further details in regards to the proposed modifications. RECOMMENDED ACTION Hold a first reading of Ordinance No. O-02-19 and schedule a public hearing for December 11, 2002. ORDINANCE NO. 0-02-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-7.5 ACCESSORY STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since the last modification to the regulations regarding accessory structures, the Planning Commission has recognized further issues that need clarification in order to ensure the harmonious development of the neighborhoods of Sebastian and recommends the following amendment; and WHEREAS, the City Council upon due public hearing has considered the same and found said amendments to be in the best interest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 54-2-7.5 of the Land Development Code, City of Sebastian, Florida, ACCESSORYSTRUCTURES, is hereby amended to read as follows: SECTION 20A-2-7.5: ACCESSORY STRUCTURES PRESENCE OF PRINCIPAL BUILDING REQUIRED. No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy. B. LOCATION: GENERAL RULE OF LOCATION. No accessory structure shall be located in any required yard (setback), other than as outlined below. Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Special Regulations Governing Rear Yards. Detached structures, such as utility sheds and other structures accessory to a primary dwelling within a residential zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten (10) feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed four-hundred (400) square feet in lot coverage and shall not exceed twelve (12) feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas, shall not exceed twenty-five (25) feet in height. CORNER LOTS. Accessory structures may be located between the required the required front setback line and building line along the boundary of the secondary front yard on an improved comer lot. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS-10 zoning district, and in all other zoffmg districts shall meet required front yard setbacks. GENERAL REGULATIONS OF ACCESSORY BUILDINGS: No mobile home, travel trailer, tent or similar structure, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. No accessory structure shall be constructed or maintained without a building permit being issued by the City's building official expressly designating the type of the accessory structure (example: garage, shed, pump home). The building official shall not issue a building permit if the accessory structure does not comply with all other provisions of the Land Development Code, Comprehensive Plan or the Code of Ordinances of the City of Sebastian. No accessory structure shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. 5. Quonset-type style accessory structures, attached or detached, are prohibited. A residential lot will be allowed five (5) square feet of accessory building area (cumulative), for every one hundred (100) square feet of lot area, not to exceed one thousand (1,000) square feet total. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures, which consist solely of screening and beams and supports for the screeffmg material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. Any attached or detached accessory building over five hundred (500) square feet in area, any attached or detached carport and/or breezeway over five hundred (500) square feet in area, must be reviewed and approved by the plarm'mg and zoning commission utilizing the following criteria: Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal-looking products. b. The roof of the accessory building must have a minimum pitch of 3:12. c. Accessory structures 501 sq. ft. to 750 sq. ft. in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. d. Accessory structures 751 sq. ft. to 1,000 sq. ft. in size shall be of the same architectural design of the primary residence, including faqade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways. Said requirements are as follows: One shrub for every three (3) lineal feet, 24 inches in height at planting. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmemher and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmernher Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of December, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor WalterBames Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: City Clerk Performance Evaluations by: City Manager get Agenda No. O~_. Z ~ Department Origin: ~ Date Submitted: 11/07/02 For Agenda of: 11/13/02 Exhibits: Memo dated November 7, 2002 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT As a result of the performance evaluations received from the City Council members for the City Clerk, Sally Maio, staff reports that the overall performance rating is above satisfactory. Please review, discuss, and recommend salary increase. HO~r~ Of Pr~I~AN ISLAND To: From: Date: Re: Honorable Mayor and City Council Members Terrence Moore, City Manager Jim Sexton, Director of Human Resouree~.-~ November 7, 2002 City Clerk Performance Evaluations The Human Resources Department has received four of five annual performance evaluations regarding Sally Maio, City Clerk. Review of Ms. Maio's evaluations show her overall rating is above satisfactory. Therefore, it is recommended that this item be placed on the Wednesday, November 13, 2002, City Council agenda for follow-up discussion. As always, all recommendations for salary increases would be retroactive to the anniversary date of the employee (October 12, 2002). The Human Resources Department will await further direction from you with regard to this matter. Should you have any questions with reference to the above please do not hesitate to call the City Manager at 388-8200 or the Department of Human Resources at 388-8202. Cc: Terrence Moore, City Manager