HomeMy WebLinkAbout10232002 HOME OF PELICAN ISLAND
$1::BASTIAN CITY COUNCIL
AGI:NDA
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 address the City Council ~!,'ith respect to agenda items immediately before deliberation of the item by the City Council -
limit of ten minutes per speaker (R-99-2 f)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF SILENCE
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99-21)
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
02.225 A. Hometown Security Day Proclamation
02.226 B. Student Government Day - City Government Week Proclamation
02.227 C. National Epilepsy Awareness Month Proclamation
02.228 D. Banner Presentation by Justine Stien of Domestic Violence Coalition of Indian River
County
02.047 E. Presentation by Lisa Smith-Fulton, Boys and Girls Club - Acknowledgment of Clambake
Festival Donation
02.229 F. Presentation by Indian River County Department of Health Re: Fill Requirements
02.023
13-16
02.025
17-60
02.209
61-64
02.107
65-68
02.069
69-72
02.230
73-74
02.137
75-76
02.137
77-84
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of City Council so requests; in which event, the item w/Il be removed and acted upon
separately.
A. 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 AwardRVaterway 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 ASI Paving Incorporated (Joint
Venture) in the Amount of $188,963.00 (Airport Transmittal 10/17/02, Bid Tab,
Waive Pumhasing Procedures and Authorize the Pumhase 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
Sheriffs Association (PW Transmittal 10/17/02, Quote)
Approve Pumhase of One Chevrolet Silverado 2003, 1500 Y2 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)
PUBLIC HEARING - None
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
item that has occurred or was discovered within the previous six months which is not otherwise on
up required - limit of ten minutes for each speaker
the agenda - sign-
10.
02.014
85-104
COMMITTEE REPORTS/RECOMMENDATIONS
A. Planning and Zoning Commission
1. Interview, Unless Waived, and Appoint Regular Member Position (City Clerk
Transmittal 10/17/02, Applications, Ad, Member List)
02.043
105-118
11.
02.234
119-120
12.
02.231
121-128
02.116
129-134
02.124
135-138
02.232
139-144
B. Tree and Landscape Advisory Committee
Interview, Unless Waived, and Appoint Two Alternate Member Positions (City
Clerk Transmittal 10/17/02, Applications, Ad, Member List)
OLD BUSINESS
Appropriate Funds and Award $282,018.77 to Dickerson Florida, Inc. for CR512
Alleyway Improvements (Engineering Transmittal 10/16/02, Bid Tab)
NEW BUSINESS
First Reading Ordinance No. O-02-15 - Change in Administration to Parks and
Recreation Program - Schedule Public Hearing 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.
First Reading Ordinance No. O-02-16 - Cemetery Rules and Regulations - Schedule
Public Hearing 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.
First Reading Ordinance No. O-02-17 - Solid Waste Referendum - Schedule Public
Hearing 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
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.
02.233
145-156
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
CI~SSlFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND
FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
13. CiTY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
02.235.1
City Council and Sebastian Management Team Strategic Planning Session,
November 14~h, 2002
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
02.067
157-158
Mr. Barczyk
Mr. Coniglio
Mayor Barnes
1. Appointment of MPO Member & Alternate (MPO Letter, List)
Mr. Hill
Mr. Majcher
17.
ADJO URN (All meeting shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of
City Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
HEARING ASSISTANCE HEADPHONES ARE A VAIl.ABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS.
4
CITYOF
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, OCTOBER 9, 2002 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
invocation was given by Father Noel McGrath, St. Sebastian Catholic Church.
ROLL CALL
City Council Present:
Mayor Waiter Barnes
Vice-Mayor James Hill
Mr. Joe Bamzyk
Mr. Edward J. Majcher, Jr.
Mr. Ray Coniglio
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Records Management Specialist, Jennifer Maxwell
Finance Director, Mark Mason
Police Lieutenant, Eugene Ewert
Public Works Director, Terry Hill
General Services Director, Paul Wagner
Engineering Tech, Brian Grzesiak
Regular City Council Meeting
October 9, 2002
Page Two
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-~9-21)
The City Manager cited amendments to consent items as follows:
-Item K's motion should read to close a portion of Indian River Drive from
Davis Street to Main Street to allow the implementation of the
public/private partnership safety crosswalk program
-Item G, circle page 30, the progress report date should read November 1,
2003 instead of November 1,2002.
6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Certificate of Appreciation to Jim Morris for Construction Board Service
Mayor Barnes read the certificate, however, Mr. Morris was not in attendance to accept.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion o
consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 9/25/02 Regular Meeting
02.221
Authorize the City to Purchase Dinner Tickets for Council Members and
Charter Officers Attendance to Treasure Coast Council of Local Governments Banquet,
November 8, 2002 (City Clerk Transmittal 10/3/02, Invitation)
02.186
Authorize the Expenditure of $119,135.50 to Asphalt Recycling and $308,545.33 to
Dickerson Florida, inc. for Paving Based on Piggyback Prices from Indian River County
Contract (Engineering Transmittal 9/30/02, List)
02.222
Authorize Staff to Appropriate Funds and Award Contract to Flinn Construction
in Amount of $13,404. for Restroom Repairs (Engineering Transmittal 10/3/02, bid)
02.223
Waive Formal Bid Procedures and Approve the Purchase of Gymnastic
Equipment in the Amount of $12,914 from Lightning City Gymnastic Equipment (Public
Works Transmittal 9/30/02, Quote)
02.218
Authorize the City Manager or His Designee to Execute Independent
Contractor Agreement for Recreational Activities When Necessary (Finance Transmittal
10/2/02, Agreement)
Regular City Council Meeting
October 9, 2002
Page Three
02.0O7
02.164
02.219
02.176
02.205
02.012
Authorize the City Manager to Execute a Cooperative Agreement between
the US Fish and Wildlife Service and the City of Sebastian Depicting Various Responsibilitie5
Associated Centennial Celebration (City Manager Transmittal 10/2/02, Agreement)
Consider the Purchase of Right-of-Way for Jackson Street Project In the Amount
of $162,204.00 (GMD Transmittal 10/2/02, Contract)
Resolution No. R-02-15 Vacation of Easement - Mulford - Lot 8, Block 339, Unit 13 (GMD
Transmittal 10/2/02, R-02-45, Staff Report, Map, Application, Utility Letters)
A RESOLUTION OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A
PORTION OF A CERTAIN EASEMENT ON LOT 8, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR
EFFECTIVE DATE,
Authorize Change Order I to Fishels Contract in the Amount of $9,639.08 to
Install Fiber Optic Cable (Finance Transmittal 10/2/02)
Authorize Staff to Take Appropriate Measures for Notification to Close
Indian River Drive for up to 4 Y2 Days to Install New Crosswalks (Engineering Transmittal
10/3/02 )
Authorize Staff to Close Indian River Drive for Down's Connection Buddy Walk on
October 19, 2002 from 9:30 am to 11:00 am (Parks Transmittal)
The City Attorney read Resolution No. R-02-15 and it was noted that item B included approval
for charter officers to attend.
Mr. Hill removed item D for discussion and Mayor Barnes removed item K on behalf of a
citizen.
MOTION by Barczyk/Hill
"1 move to approve items A-L, excluding D and K and include modifications to item L."
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 9, 2002
Page Four
Item D
Mr. Hill asked for an explanation for the public's benefit on why additional money and another
contractor was needed for the bathrooms. The City Manager stated that the City closed out with the
original contractor under price and set aside payment for a future contractor to take care of improvir
the bathrooms.
MOTION by Hill/Conigiio
"1 move approval."
ROLL CALL:
Mr. Majcher
Mayor Barnes
Mr. Hill
Mr. Barczyk
Mr. Coniglio
- aye
- aye
- aye
- aye
- aye
MOTION CARRI ED 5-0
Item K
Rich Taracka asked why the City was providing crosswalks for businesses and the
Mayor and City Manager responded that it is the City's responsibility to protect the
public.
Sal Neglia said he had been informed that Engineering had been requested to install
crosswalks, and asked about the need for them. Mr. Hill said he felt it was a public
safety issue and agreed it is the City's job to protect the public while they cross Indian
River Drive.
Herb Kravitz asked if businesses have any responsibility in providing safety measures
for their customers.
Elaine Palumbo said most places share the cost with the City.
Rex Clifford talked about liability issues. The City Attorney responded that if there is no
crosswalk, that is not a problem but if installed and not maintained there could be a
problem.
John Saltvedt, asked why they have to be fancy brick walkways. Engineering
Technician, Brian Grzesiak, responded that the crosswalks were constructed of
concrete.
4
Regular City Council Meeting
October- 9, 2002
Page Five
MOTION by Coniglio/Hill
"1 think we're responsible for the health and wealth and safety of our community, with that in
mind, I like to move to approve item K."
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
8. PUBLIC HEARING - none
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
Baxter Coston, Sebastian, distributed photos of the entrance to South Moon Under
showing a dumpster overflowing with trash.
Mayor Barnes explained that a conduit under the entryway collapsed which cannot
support trash trucks however dumpsters were placed on the opposite side of the road for
the residents and that both the City and Capital have been trying to accommodate the
residents.
Mr. Coston said this has been going on for three months, that he had reported it to City
officials, and Capital did come and pick up the trash. He said the Code Enforcement
officer told him that Capital would empty the dumpsters on Monday, Wednesday and
Friday, and that today they are full again. He asked Council to alleviate this problem for
him as a citizen, by authorizing the City Manager to send a letter to the people using the
dumpsters telling them they can only fill the dumpsters and once full take the rest to a
transfer station. He also asked that during construction, the dumpsters be moved to the
established temporary construction entrance.
City Council discussion followed on the need to keep the area in compliance with City
codes. Mr. Coston was assured that the problem would be solved when the conduit is
replaced by the property owners.
The City Attorney said Capital is only required to come out twice a week and is going
above and beyond to accommodate the residents of South Moon Under. He said it
should be up to South Moon Under to rent another dumpster.
The Public Works Director said he would be meeting with the South Moon Under
homeowners' association.
Ardra Rigby, General Manager of Capital Sanitation said his company will go in Monday
through Friday to pick up the dumpster.
10.
11.
02.124
Regular City Council Meeting
October 9, 2002
Page Six
Mayor Barnes suggested that if the roadway is not completed, perhaps the City could do
the work and charge the homeowners.
The Public Works Director said he would look for a site on Powerline Road for the
dumpater.
Bill Germann, said the vendor hired to cut City right-of-way is doing a lousy job, and
asked if the City was going to get a citation for tall grass. He then asked why the City
used saved money to buy a street sweeper. The City Manager said the sweeper was
approved prior to the mowing contract.
The Public Works Director stated that the sweeper is used to pick up pollutants and
clean sides of streets. He said he told the vendor not to cut in June to prevent damage
to wet swales and that the grass cuttings are now being swept up.
,COMMITTEE R E PORTS/RECOMM ENDATiON£;
Mr. Hill reported that the MPO by-laws have been amended to allow a second Sebastian
voting member. Mr. Coniglio and Mr. Barczyk said they would like to be considered for
the position. It was noted that this item will be on the October 23, 2002 agenda.
Mr. Coniglio reported the Tourist Development Council is changing the process for non-
profit organizations to receive tourist funding and he would provide further information on
the process in the future.
OLD BUSINESS
~e Collection Cit Mana er
~ Transmittal
The City Manager said many letters and phone calls have been received on this matter,
clarified that this item has nothing to do with Capital Sanitation, but is an opportunity for
Council to debate the issue of mandatory vs. non-mandatory solid waste collection.
The Finance Director gave a power point presentation for the benefit of the public. The
following three options were recommended: 1) authorize mandatory pickup via an
ordinance; 2) place the question on the March ballot; and 3) remain status quo.
Mr. Barczyk said one problem is people on fixed incomes and asked what other areas
are non-mandatory. Mr. Mason said Sebastian, Fellsmere and Indian River County were
non-mandatory, said people who were part-time residents would pay the same non-ad
valorem assessment as full-time residents.
Regular City Council Meeting
October 9, 2002
Pege Seven
Mr. Coniglio said he did not see a health and safety issue at this time and that this is not
a good time to go to mandatory.
Mr. Hill said he sees trash everywhere in the community, that he wants to keep
Sebastian a nice community, that this an issue of quality of life, and that he wilt always
base his decisions on what he believes is best for the community.
Mr. Coniglio said freedom of choice is a quality of life issue.
Mr. Majcher said he was in favor of mandatory pickup, said as an assessment it can be
written off on taxes, that Sebastian is one of three out of 17 municipalities that are not
mandatory at this time, and said it is a benefit to the community.
Mayor Barnes said it is his gut feeling that he is in favor but would like to see what the
residents want as in option two, noted that people are using trash receptacles on private
and public property to dump their trash.
Mayor Barnes called recess at 8:31 p.m. and reconvened the meeting at 8:45 p.m. All
members were present,
Mr. Hill clarified that he was not insinuating that other members of the Council were not
also voting their conscience.
Richard Taracka said he wanted a choice and recommended enforcement for illegal
dumping.
Rosemary Bastinto, said she was 100% handicapped and asked if a mandatory service
would be able to provide the same handicapped service. Mayor Barnes said that would
be a part of any contract.
Sal Neglia presented a petition with 496 names of residents who are against mandatory
pickup to the Mayor (see page of petition attached).
Baxter Coston said people don't want to be told who to hire and when to dump their
trash. He said he feels a referendum is the proper way to go.
Rex Clifford, said he could not read the figures in the presentation, said he did not see
trash around the City, and suggested a referendum.
Paul Dupont said he did not see much trash around the City, said he did believe in the
future the City will have mandatory pickup but not at this time.
Bill Germann said residents were forced to have water installed by the County, and
agreed trash pickup should be voted on by the people.
Regular City Council Meeting
October 9, 2002
Page Eight
John Saltvedt, Coverbrook Lane, asked why the 'City doesn't establish an adopt-a-street
program and said people should have a choice.
Mayor Barnes noted there is an adopt a street program.
Bill Germann asked why Brevard County residents use the Indian River County transfer
stations and suggested Council go to the County Commission for an answer.
Nate McCollum said he pays for garbage pickup, noted there are things that the City is
going to need in the near future like a new city hall complex, suggested not wasting the
taxpayers' money on a referendum because it is not something the people want at this
time.
Herb Kravitz addressed Council again regarding the cost of collection.
Ruth Sullivan, 1215 Indian River Drive, Sebastian, said she goes to the transfer station
twice per week, that people are going to throw trash in open fields whether or not there
is mandatory pickup, and that this is an area where people want a choice, and
suggested the City go after the people who are illegally dumping.
TAPE II - SIDE I (9:18p.m.)
Herbert Munsart read a letter from his wife Marilyn objecting to mandatory collection,
and said "if it ain't broke don't fix it".
MOTION by Coniglio/Hill
"If I may Mayor, I'd like to offer a compromise, I'd like to make a motion that we
pass the resolution subject to a referendum in March election, for/against mandatory
garbage pick-up/solid waste pick-up."
For clarification, the City Attorney asked if this would be binding or non-binding and
Mayor Barnes said he thought it would be binding.
Mayor Barnes reminded citizens about the pending 1 cent sales tax extension on the
November ballot.
ROLL CALL:
Mr. Hill - aye
Mr. Bamzyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
The City Attorney reminded that Council will consider language stating this is a "notice of
intent to impose this assessment" but it is really considering the imposition beginning
next September.
$
Regular City Council Meeting
October 9, 2002
Page Nine
02.154
12.
13.
B. Enforcement Fine and Pro err Lien RE: 1053 Louisiana Avenue Sebastian
Cit Mana er Transmittal 10/2/02 Letter
The City Manager briefed City Council on the issue, and cited a memo received this
~orning (see attached) from the Sebastian Police Department stating that the properbj is
m compliance.
Attorney Warren Dill, representing the Lunds, advised City Council on the Lund's
purchase of Sebastian and Fellsmere properties that had existing violations with the
understanding that a lien on the Sebastian property would be lifted when cleaned up.
Mr. Dill distributed photos of both properties. He asked that Council declare the violation
to be abated and remove the lien on the Sebastian property.
Mr. Barczyk asked what the property owners' plan for the property was; and Mr. Lund
apologized for his behavior at the last meeting and said he intends to stay in Sebastian.
The City Attorney said any lapse in code compliance would be treated as a new case.
Following further Council discussion, motion was made as follows:
MOTION by Coniglio/Barczyk
"And I just want to add that this was incredible circumstances, but with that in
mind I would like to make a motion that we rescind and forgive this lien against this
property."
ROLL CALL:
Mr. Barczyk - aye
Mr. Conigiio - aye
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 5-0
NEW BUSINESS - none
,CITY ATTORNEY MATTERS
The City Attorney stated he could not have the ordinance prohibiting dumping in other waste cans
ready for the next meeting and asked if Council would like the garbage ordinances to be presented
together at the November meeting. Council stated they would like the mandatory vs. non-mandatory
ordinance at the next meeting.
Requested approval to attend the annual public employment law seminar on Oct 24-26, 2002 in
Orlando.
October9,2002
Page Ten
14.
02.220
MOTION by Hill/Coniglio
"1 move authorization to allow Rich to go that."
ROLL CALL:
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 5-0
CITY MANAGER MATTERS
A. CR512 Beautification Proqram
The City Manager reported that the Florida Department of Transportation approved all of Indian
River County's beautification projects which included CR 512 however, the MPO chooses only
one project to fund and CR512 was not chosen, even with the offer of a 50-50 match. He
further stated that the City has made several attempts to discuss CR512 unsuccessfully with the
County.
Mr. Hill asked if it would be a good idea to draft a letter once new County Commissioners are
seated, The City Manager stated this would be a good idea. Mr. Coniglio stated the City's
project was in fourth place and criteria for funding would be changing in the future.
15. CITY CLERK MATTERS
None.
16. CITY COUNCIL MATTERS
A. Mr. Majcher
Suggested that City meetings be broadcast on AT&T county-wide to generate support
for the City's issues. The City Manager said he would talk to AT&T.
B. Mr. Barczyk
None.
C. Mr. Coniqlio
Reported on the passing of former Councilmember Norma Damp.
]0
Regular City Council Meeting
October 9, 2002
Page Eleven
17.
D, Mayor Barnes
Army Corps of Engineers will not do any work on islands until mid 2003.
The City Manager said he would talk to Joe Baird about what the County would
like the City to provide relative to endorsing the one cent sales tax.
E. Mr. Hill
None.
Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:10 p.m.
Approved at the October 23, 2002 Regular City Council Meeting.
By:
Walter W. Barnes
Mayor
ATTEST:
Sally A. Maio, CMC
City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Receive Code Enforcement Orders
Agenda No. 02.023
Department Origin: City Clerk
Date Submitted: 10/17/02
For Agenda of: 10/23/02
Exhibits: Signed Orders
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
Per section 2-193(15) of the City's Code, the City Clerk shall place each enforcement
order on the next city council agenda.
No action required.
RECOMMENDED ACTION
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
CASE NO. 2001-0023990
IN THE MATTER OF:
W'flliam Warren Stevens,
RESPONDENTS,
ORDER INEPOSING FINE
THIS CAUSE came before the Code Enforcement Board of the City of Sebastian, on August 21, 2002
for consideration under the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
entered in tiffs cause April I7, 2002, and it being undisputed that the property remained in
noncompliance for 24 days, and the Board having considered the Kespondent's request for mitigation
due to weather conditions, it is
1. That a fine of twenty-five dollars ($25) is hereby imposed for each of the 24 days
that Respondent remained in noncompliance with the April 17, 2002 Order of this Board, for a
total fine of six hundred dollars ($600).
2. That a certified copy of this Order be recorded as a lien in accordance with the
provisions of Code of Ordinances and the laws of the State of Flotida.
lit
DONE AND ORDERED at public meeting August 21, 2002, rendered this _ILl'day of
October, 2002 nunc pro tunc.
CITY OF SEBASTIAN, FLORIDA
Code Enforce/nen[ Board
ATTEST:
~rk, Code Enforcement Board
Approved as to form and content:
Rich stringer, C~ty A~omef ~
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
IN THE MATTER OF:
William Warren Stevens,
RESPONDENTS.
CASE NO. 2001-0023990
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE came on for public heating before the Code Enforcement Board of the City of
Sebastian, on April 17, 2002 at%er due notice to the Respondents, and based on the evidence presented
the Code Enforcement Board makes the following:
FINDINGS OF FACT
1. That the Respondent Stevens resides at and is the registered owner of the property at 1421
Thorntfill Lane, Sebastian, Florida.
2. That Respondent Stevens has stored and maintained junk vehicles in the yard and said vehicles
are visible from the adjoining residential properties.
3. That Respondent has maintained junk and debris on said property, and allowed the same to be
overgrown, in a manner that constitutes a public nuisance.
WHEREFORE, based upon the aforementioned Findings of Fact, the Code Enforcement
Board makes the following:
CONCLUSIONS OF LAW
That the Respondent W'flliam Warren Stevens is in violation of Chapter 66 of the Code of
Ordinances.
WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is
hereby ORDERFD as follows:
That Respondent shall bring the property at 1421 Thomlnlll Lane, Sebasti~ Florida into
compliance with the Code by e~g the public nuisance thereupon by July 26, 2002, or the
Board may impose a fine of $50 per day for each day that a violation is maintained at the
property.
SAID ORDER being adopted at open meting April 17, 2002, by the vote of the Sebastian
Code Enforcement Board as follows:
Mr. Cosco - yes
Vice-Chair Connelly - yes
Mr. Oakes - yes
Mr. Schofield - yes
Mr. Morozowski - yes
Mr. Mr. Simmons - yes
Chair Barczyk - yes
RBNDEBWI3 in Sebastian, Florida, this ['q2Yclay of October, 2002, nuncpro tunc to April 17,
2002.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
~t~erk, Code Enforcemem Board
Approved as to form and content:
HOM.~ OF PF. LICAN ISLAb~
Subject: Grant Award/Waterway
Boating Safety Project Agreement
Agenda No. _~. O2 5
Deparunent OrigiB_:
General Se~ice~: ' ~' .~___
Date Subdued: 10/08/02
For ~enda off 10/23/02
Exhibits: Proposed Project Agreement between the Florida Inland Navigation
District and the City of Sebastian
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED:
SUMMARY
As previously discussed, the Florida Inland Navigation District Board approved a
$25,000 funding allocation for the City of Sebastian's Waterway Boating Safety
Program in its fiscal year 2002-2003 budget. The attached Project Agreement between
the Florida Inland Navigation District and the City of Sebastian provides for fiscal year
2002-2003 funding assistance as it relates to the Sebastian Police Department's
Waterway Safety and Patrol Program.
RECOMMENDED ACTION
Move to authorize the City Manager to execute the Project Agreement between the
Florida Inland Navigation District and the City of Sebastian for 2002-2003 funding
assistance as it relates to the Sebastian Police Department's Waterway Safety and
Patrol Program.
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. IR-SE-02-34
This PROJECT AGREEMENT made and entered into this day of
, 200_ by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the CiW of Sebastian, (hereinafter the "PROJECT
SPONSOR").
In consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the
Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project
("PROJECT") consisting of the Waterway Boating SafeW Program. Said project is more
specifically described in the PROJECT SPONSOR'S Waterways Assistance Application,
which is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior
written approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless specifically authorized by the
DISTRICT Board and shall complete the PROJECT and submit all required payment
reimbursement information on or before September 1, 2004, unless the PROJECT
period has been extended with the prior written approval oF the DISTRICT. In no event,
however, shall the PROJECT period extend beyond three (3) years from October 1, 2002.
The PROJECT SPONSOR acknowledges there are no provisions to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2005, and
'that any extension of funding beyond th/s date shall be at the sole discretion of the
DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding
paragraph shall require submittal by the PROJECT SPONSOR of a request for extension
to the DISTRICT no later than July 1, 2004. This request will then be considered by the
DISTRICT Board, whose decision shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than
Fifty percent (50%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of
this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the
PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement
basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and
meeting the requirements of Paragraph 5 below and shall not, in any event, exceed
$.2.5,000.0O.
4. MATCHING
represents that it has the
FUNDS The PROJECT SPONSOR warrants and
PROJECT SPONSOR Match Amount (the PROJECT
AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the
PROJECT and shall, prior to the execution of this Agreement, have provided the
DISTRICT with suitable evidence of the availability of such funds using DISTRICT
Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with
access to applicable books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and
efficient accomphshrnent of the PROJECT and must be directly allocable thereto.
PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be
incurred and work performed w/thin the PROJECT period, with the exception of pre-
agreement costs, if any specifically identified in Paragraph 6 below, which are also
eligible for reimbursement by the DISTRICT.
6. PRE-AGREEMENT COSTS The DISTRICT and the PROJECT
SPONSOR fully understand and agree that there shall be no reimbursement of funds by
the DISTRICT for any obligation or expenditure made prior to the execution of this
Project Agreement.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to the DISTRICT and summarized on the Payment Reimbursement Request
Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and
canceled payment vouchers for expenditures shall be provided to the DISTRICT by the
PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in
support of the PROJECT COSTS included in payment requests shall be subject to review
and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit
expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT,
upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT.
The DISTRICT shall retain ten percent (10%) of each installment payment until the
completion of the PROJECT.
The following costs, if authorized in the attached Exl'fibit B shall be reimbursed
only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT
and in accordance with Exhibit A: personnel, equipment, project management,
administration, inspection, and design, permitting, planniug, engineering, and/or
surveying costs.
The DISTRICT shall have the right to withhold any payment hereunder, either in
whole or part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT The PROJECT SPONSOR, upon
completion of the PROJECT, shall submit to the DISTRICT a request for final
reimbursement of the PROJECT AMOUNT less any prior instalknent payments. The
Payment amounts previously reta/ned by the DISTRICT shall be paid upon (I) receipt of
3
' the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full
completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3)
submission of Project Completion Certification Form No. 90-13 (Exhibit E), and (4)
submission of a photograph of the PROJECT showing the sign required by Paragraph 17.
Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all
records supporting the PROJECT COSTS for three (3) years after the end of the fiscal
year in which the Final Payment is released by the DISTRICT, except that such records
shall be retained by the PROIECT SPONSOR until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the three-
year retention period.
10. NONCOMPLIANCE The DISTRICT shall have the right to
reimbursement, either in whole or part as it may determine, of the funds provided
hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this
Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR
shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph
shall surxdve completion of the PROJECT.
11. DISTRICT PROJECT 1VL4NAGER - The Executive Director, or his
designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this
Project Agreement and shall be responsible for monitoring performance of its terms and
conditions and for approving all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT - The 'PROJECT SPONSOR shall
appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT
upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR
relative to the provisions of the Project Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT
shall submit to the DISTRICT project status reports during the PROJECT term. These
Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings,
engineering drawings, and a copy of the Project bid award construction item cost list will
be submitted as available. Photographs shall be subnfitted when appropriate to reflect the
work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the
reporting schedule in Exhibit G may result in revocation of this Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by ali
federal, state and local permits and all applicable laws and regulations in the development
of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
designed and constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal, state and local laws,
rules and requirements.
15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the
general public without regard to age, sex, race, physical handicap, or other condition, and
without regard to residency of the user in another political subdivision. When such is
required, adequate par!ring shall be made available by the PROJECT SPONSOR to
accommodate vehicles for the number of persons for which the PROJECT is being
developed.
16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the
PROJECT site shall be dedicated for the pubhc use for a minimum period of twenty-five
(25) years after completion of the PROJECT, such dedication to be in the form of a deed,
lease, management agreement or other legally binding document. Any change in such
dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR
shall record evidence of such dedication within the Public Records of the County in
which the PROJECT is located.
5
17. ACKNOWLEDGMENT ~ The PROJECT SPONSOR shall erect a
permanent sign, approved by the DISTRICT, in a prom/nent location at the completed
project which shall indicate that the DISTRICT contributed funds for the PROJECT. The
wording of the sign required by this paragraph shall be approved by the DISTRICT's staff
before construction and installation of said sign. This sign shall contain the DISTRICT
logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the
SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation.
t8. PROJECT MAINTENANCE When and where applicable, the
PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life
of the PROJECT improvements and will pay all expenses required for such purposes. The
PROJECT improvements shall be maintained in accordance with the standards of
maintenance for other local facilities and in accordance with applicable health standards.
PROJECT facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The PROJECT
SPONSOR warrants and represents that it has full legal authority and financial ability to
operate and maintain said PROJECT facilities and improvements.
19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be
solely responsible for the wrongful acts of its employees, contractors and agents.
However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR
acknowledges that the DISTRICT, its employees, commissioners and agents are solely
providing funding assistance for the PROJECT and are not involved in the design,
construction, operation or maintenance of the PROJECT.
20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES - The fights and duties arising under this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns, and shall, unless the context clearly requires otherwise,
survive completion of the PROJECT. The PROJECT SPONSOR may not assign this
Agreement nor any interest hereunder without the express prior written consent of the
DISTRICT.
22. WAIVERS - Waiver of a breach of any provision of this Agreement shall
not be deemed a waiver of any other breach of the same or different provision.
23. NOTICE - Any notice required to be given pursuant to the terms and
provisions of this Agreement shall be in writing, postage paid, and shall be sent by
certified mail, remm receipt requested, to the DISTRICT or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To PROJECT SPONSOR at:
City of Sebastian
Attention: City Manager - City of Sebastian
1225 Main Street
Sebastian, FL 32958
24. NO JOINT VENTURE - The DISTRICT's role with respect to the
PROJECT is that of a funding assistance authority only and the DISTRICT is not, and
shall not be considered to be, an agent, partner, or joint venturer with the PROJECT
SPONSOR.
7
25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In
the event the PROJECT SPONSOR transfers ownership or management of the PROJECT
to a party or parties not now a part of this document, other than another governmental
entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder,
the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to
the full extent of the funding assistance provided by the DISTRICT, including but not
limited to any costs and reasonable attorney's fees (regardless of whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits
made a part hereof, embodies the entire Agreement and understanding of the parties and
supersedes all prior oral and written communications between them. The terms hereof
may be modified only by a written amendment signed by both parties hereto.
28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the
PROJECT SPONSOR institutes any action or suit to enforce the provisions of this
Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and
attorney's fees at the trial, appellate and post-judgment levels. The venue of any such
litigation shall be had only in Palm Beach County, Florida.
[This space intentionally left blank]
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WITNESSES:
DISTRICT
FLORIDA
By:
INLAND NAVIGATION
CHAIR
DATE:
WITNESSES:
PROJECT SPONSOR
By:
Title:
DATE:
9
EXHIBIT A
CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM (2002)
66B-2.001 Purpose.
66B-2.002 Forms.
66B-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 Application Process.
66B-2.0061 Emergency Applications.
66B-2.007 Application Form. (Repealed)
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
66B-2.010 Project Agreement. (Repealed)
66B-2.011 Reimbursement.
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2.014 Small-Scale Spoil Island Restoration & Enhancement Projects.
66B-2.001 -- Purpose.
Recognizing the importance and benefits of inland navigation channels and
waterways, as well as noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature created s.
374.976, Florida Statutes. This law authorizes and empowers each inland
navigation district to undertake programs intended to alleviate the problems
associated with its waterways. The purpose of this rule is to set forth the District's
policy and procedures for the implementation of an assistance program under s.
374.976, F.S., for local governments, member counties and navigation related
districts within the District. This program will be knoxTvn hereafter as the Florida
Inland Navigation District's Waterways Assistance Pro-g-mm
Spec~c Xtuthority 374.976(2) F$. Law frnplemented 374.976(1) F$. Hi~myry-- New 12-J7-90, Formerly
J6T-2.001.
EXH~ A
66B-2.002 -- Forms.
All forms for the administration of this program are available from the
District office.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly
]6T-2.002.
66B-2.003 -- Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) "APPLICATION" means a project proposal with the required
documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established
period for submitting applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a
beach for the nourishment, renourishment or restoration of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland
Navigation District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties,
local governments and navigation related districts within the taxing boundaries of
the District.
(8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or
general permits for construction below mean 1-figh water line of a navigable
waterway required and issued by or on behalf of the U.S. Army Corps of
Engineers, the Florida Depmtment of Environmental Protection, and the South
Florida or the St. Johns Privet Water Management Districts or their successors.
E~m~A
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
(10) "LIAISON AGENT" means the contact person officially designated to
act on behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the member counties.
(12) "MATCHING FUNDS" means those funds provided by the local
sponsor to the project.
(13) "MEMBER COUNTY" means a county located within the taxing
boundaries of the District, which includes Duval, St. Johns, Flagler, Volusia,
Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade
Counties.
(14) "NAVIGATION RELATED DISTRICTS" means port authorities,
inlet districts or any other agency having legally authorized navigation related
duties in waterways of the District.
(15) "PRE-AGREEMENT COSTS" means project costs approved by the
District Board that have occurred prior to the execution of the.project agreement.
(16) "PROGRAM" means the Florida Inland Navigation District
Waterways Assistance Program.
(17) "PROGRAM FUNDS" means Fmancial assistance awarded by the
Board to a project for release to the project sponsor pursuant to the terms of the
project agreement.
(18) "PROJECT" means a planned undertaking consisting of eligible
program facilkies, improvements or expenses for the use and benefit of the general
public.
(19) "PROJECT AGREEMENT" means an executed contract between the
District and a project sponsor setting forth mamal obligations regarding an
approved project.
EXHIBIT A
(20) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and compliance with the
project agreement.
(21) "PROJECT PERIOD" means the approved time during which costs
may be incurred and charged to the funded project.
(22) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
(23) "PUBLIC MARINA" means a harbor complex used primarily for
recreational boat mooring or storage, the services of which are open to the general
public on a first come, first served basis without any qualifying requirements such
as club membership, stock ownership, or differential in price.
(24) "TRIM HEARING" means a public hearing required by Chapter 200,
F.S., concerning the tax and budget of the District.
(25) "WATERWAYS" means the Atlantic Intracoastal Waterway, all
navigable rivers, bays, creeks or lagoons intersected by said waterway and all
navigable natural creeks, rivers, bays or lagoons entering or extending from said
waterway.
(26) "WATERWAY RELATED ENVIRONMENTAL EDUCATION"
means an interdisciplinary holistic process by which the learner: develops an
awareness of the natural and manmade environments of waterways; develops
knowledge about how the environment of the waterways works; acquires
knowledge about the technological, social, cultural, political, and economic
relationships occurring in waterway related envirommental issues; and, becomes
motivated to apply action strategies to maintain balance between quality of life
and quality of the environment of waterways.
Specific Authority 374.976(2} FS. Law Implemented 374.976(1} FS. ~Iistory -- New 12-17-90, Amended
9-2-92, 2-6-97, Formerty 16T-2.003, Amended 5-17-98, 3-21-01.
4
EXHIBIT A
66B-2.004 -- Policy.
The following constitutes the policy of the District regarding the
administration of the program:
(I) Financial Assistance Eligibility: Financial assistance, support and
cooperation may be provided to eligible governmental agencies for approved
projects as follows:
(a) Member counties may be provided financial assistance, support or
cooperation in planning, acquisition, .development, construction, reconstruction,
extension, improvement, operation or the maintenance of public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Member counties may
also be provided financial assistance, support, and cooperation in planning and
carrying out beach renourishment and inlet management projects.
(b) Eligible local governments may also be provided financial assistance,
support and cooperation in planning and carrying out public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Eligible local
governments may also be provided financial assistance, support and cooperation in
planning and carrying out beach renourishment and inlet management projects.
(c) Navigation related districts may be provided with financial assistance to
pay part of the costs of the planning and acquisition of dredge material
management sites if the Board finds that the site is required for the long-range
maintenance of the Atlantic Intracoastal Waterway channel Ail such sites must
meet the development and operational criteria established by the District through a
long-range dredge material management plan for that county. Navigation related
districts may also be provided with assistance for-environmental mitigation
projects associated with waterway improvement related acfiv/ties and inlet
managemen* projects if the Board finds that the project benefits public navigation
in the Atlantic Intracoasml Waterway. All navigation related disWicts shall
EXHIBIT A
contribute at least equal matching funds to any DisUSct financial assistance
provided. Seaports may also be furnished assistance and support in planning and
carrying out environmental mitigation projects. All seaport projects shall benefit
publicly maintained channels and harbors. Each seaport shall contribute matching
funds for funded projects.
(2) Notification: The District will notify by direct mail and/or advertised
public notice all eligible governmental agencies of the program and the upcoming
authorized submission period. Funding allocations to navigation related districts,
member counties and local governments shall be based upon the proportional
share of the District's ad valorem tax collections from each county.
(3) Project Approval: Approval of projects by the D/strict shall be in
accordance with these roles.
(4) Project Accessibility: Facilities or programs funded in whole or in part
by program funds shall be made available to the general public of all of the
member counties on a non-exclusive basis without regard to race, color, religion,
age, sex or similar condition. Add/tionally, facilities funded in whole or in part by
program funds, shall not require a paid membership for the general public of all of
the member counties as a condition to use the facilities. User or entrance fees may
be charged for the use of facilities funded in whole or in part by program funds,
however such fees shall be reasonable and shall be the same for the general public
of all of the member counties.
(5) Waterway Impacts: All development projects must be designed so as
not to impact navigation along the District's waterways through the placement of
structures, attendant uses, or the necessity of a boating speed zone for sJfety
purposes. Before applying for boating speed zone designation in District
waterways because of a project funded by this program, the sponsor shall first
rece/ve approval from the Board. The Board will use the criteria found in s.
327.46(1), F.S., in determining whether to approve the proposed boating speed
zone.
6
EXHIBIT A
(6) Project Maintenance: The project sponsor shall be responsible for the
operation, maintenance, and management of the project for the anticipated life of
the project and shall be responsible for all expenses required for such purposes.
The project shall be maintained in accordance w/th the standards of maintenance
for other similar local facilities and in accordance with applicable health standards.
Project facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The project
sponsor shall have full legal authority and financial ability to operate and maintain
the project facilities.
(7) Public Information Availability: Public information produced with
assistance from this program shall not be copyrighted and shall be provided free of
cost, except for the cost of reproduction, to the public.
(8) Third-Party Agreements: Projects that are being developed and operated
by a third party which is a not-for-profit agency shall have sufficient oversight by
the eligible project sponsor as determined by the Board. Such oversight, at a
minimum, will include a project liaison that is a staff member of the eligible
project sponsor, oversight of the operating hours and admission fees of the facility
by the eligible project sponsor through a legal agreement, and submission of the
third party's most recent audited financial statement. All third party projects shall
be open to the public in accordance with this role.
(9) Non-compliance: The District shall terminate a project agreement and
demand return of program funds disbursed to the project sponsor for non-
compliance with any of the terms of the project agreement or this role, if such non-
compliance calls into question the ability of the applicant to complete the project.
Failure of a project sponsor to comply with the provisions of this role or the
project agreement shall result in the District decl~Lring the project sponsor
ineligible for further participation in the program until such time as compliance
has been met to the satisfaction of the District.
£XI-Im 1T A
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -- New 12-17-90,
Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended S-l&98, 3-3J-99, 5-25-00, 3-21-0i, 7-30-02.
66B-2.005 -- Funds Allocation.
The Board will allocate funding for this program based upon the District's
overall goals, management policies, fiscal responsibilities and operational needs
for the upcoming year. If funds are determined to be available for the program, the
District will notify potential eligible governmental agencies of the availability of
program funding. Applications will be reviewed by the Board utilizing District
Forms No. 91-25 and 91-25 (a thru e) Waterways Assistance Program Application
Evaluation and Rating Form (effective date 03-21-01); and 93-25 and 93-25 (a and
b) Waterways Assistance Program Navigation Districts Application Evaluation
and Rating Form, (effective date 03-21-01), hereby incorporated by reference and
available from the District office.
(I) Funding Assistance Availability: In as much as the District has other
fiscal responsibilities and operational needs, financial assistance to eligible
government agencies shall not exceed an amount equal to eighty (80) per cent of
the proportional share of the District's ad valorem tax collections from each county
in which such agencies are located. The District may make an exception to this
funding limitation, if funds are determined to be available based upon the District's
overall goals, management policies, fiscal responsibilities and operational needs,
in counties that are recovering from a state of emergency declared under Chapter
252, Florida Statutes.
(2) Project Funding Ratio: All financial assistance and suppo~ to elig/ble
governmental agencies shall require, at mn/mum, equal matching funds from the
project sponsor with the exception of public navigation projects that meet the
provisions of s.66B-2.005(7) and small-scale spoil island restoration and
enhancement projects that meet the provisions of s.66B-2.013. Applicant's in-
house costs are limited pursuant to s. 66B-2.008(1)(c). Ail financial assistance to
seaports shall require equal matching funds. The District shall contribute no more
8
E~m~A
than fifty percent (50%) of the local share of the cost of an inlet management or
beach renourishment project. The District shall not contribute funding to both the
state and local shares of an inlet management or beach renourishment project
(3) Pre-agreement Expenses: The project sponsor shall not commence
work on an approved project element prior to the execution of the project
agreement unless authorized t~y the Board during the review and funding approval
process. Board authorization of pre-agreement expenses will be given for the
commencement of work pr/or to the execution of a project agreement if the Board
determines that there is a benefit to the District, its waterways or/ts constituents.
All project costs must be incurred and work performed within the project period as
stipulated in the project agreement unless pre-agreement costs are approved by the
Board. Pre-agreement expenses will be approved if they are consistent with the
provisions of rule 66B-1.008 and occur within the fiscal year of the grant
application submission (October 1st to September 30th). Pre-agreement expenses,
except for projects approved t~y the Board as multi-year projects, will be limited to
fifty (50) percent of the project's total cost and if the expenses are eligible project
expenses in accordance with this rule. Only one-half (1/2) or less of the approved
pre-agreement expenses will be eligible for reimbursement funding from the
District, except for projects approved by the Board as multi-year projects.
(4) Multi-Year Funding: The construction phase of projects that are large
scale, involve mukiple phases, have a construction time line of one year or longer,
or are requesting a significant amount of assistance funding in relation to the total
assistance available for the county where the project is located, will be reviewed
and approved by the District Board for a multiple year per/od subject to budgeting
and allocation pursuant to the provisions of Chapter 200, F.S. The determination
by the Board to provide assistance funding on a multi-year basis can be made at
any time during the application review process.
(5) Seaport Funding Elign~bflity:. Financial assistance to seaports may
exceed the proportional share of the District's ad valorem tax collections as set
EXHIBIT A
forth in s. 66B-2.005(1) from the county in which such seaport is located if the
seaport can demonstrate that a regional benefit occurs from the port's activities.
Financial assistance to a seaport project that demonstrates a regional benefit shall
not exceed an amount equal to (i) the proportional share of the District's ad
valorem tax collections as set forth in s. 66B-2.005(1) from the counties where the
benefit is demonstrated less (ii) funding allocated in the same fiscal year to ali
other local government projects funded in those counties.
(6) Inlet Management and Beach Renourishment: Projects and project
elements in the categories of inlet management and beach renourishment shall be
subject to the following provisions. The District shall contribute no more than fifty
per cent of the local share of the cost of the project. The District shall not
contribute funding to both the state and local shares of an inlet management or
beach renourishment project. Funding for the construction phase of an inlet
management or beach renourishment project may be approved by the District
Board for a multiple year period subject to budgeting and allocation pursuant to
the provisions of Chapter 200, F.S. Additionally the following provisions shall be
met for inlet management or beach renourishment projects:
(a) Inlet Management:
Inlet management projects shall benefit public navigation
within the District and shall be consistent with Department of
Environmental Protection approved inlet management plans and the
statewide beach management plan pursuant to s. 161.161, F.S. Inlet
management projects that are determined to be consistent with Department
of Environmental Protection approved inlet management plans are declared
to be a benefit to public navigation.
(b) Beach Renourishment
All projects in this category shah be consistent with the
statewide beach management plan. Beach renourishment projects shall only
include those beaches that have been adversely impacted by navigation
10
EXI-IIBIT A
inlets, navigation structures, navigation dredging, or a navigation project.
The determination of beach areas that are adversely impacted by navigation
for the purposes of this program shall be made by Department of
Environmental Protection approved inlet management plans. If state
funding is not provided for a beach project, public access with adequate
parking must be available in accordance with s. 161, F.S.
(7) Public Navigation: Projects or project elements in the category of
public navigation that will qualify for up to ninety (90%) per cent program funds
include:
(a) Navigation channel dredging where the project sponsor
demonstrates that the source of channel sedimentation has been identified
and is in the process of or has been controlled, or that the frequency and
amount of shoaling is such that dredging will provide an improvement to
the channel that will last for twenty (20) years or more and therefore is
more cost effective than identifying and correcting the cause of shoaling, or
that the cost of identifying the source of channel sedimentation exceeds the
cost of the dredging project,.
(b) Navigation channel lighting and markers.
Other public navigation projects or project elements will only qualify for up
to fifty percent (50%) program funding.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History -- New 12~17-90,
Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended5-17-98, 8~26-99, 3-21-01, 7-30-02
66B-2.006 -- Application Process.
(1) Application Period: Applications for assistance through this program
will be submitted during the authorized submission period that shall be established
by vote of the Board at a scheduled meeting.
(2) Application Fuims: Florida Inland Navigation District Waterways
Assistance Program Application Form Number FIND 90-22 (effective date 7-30-
II
EXHIBIT A
02) and 93-22 (effective date 7-30-02) are hereby incorporated by reference and
available from the District office. With the exception of Small-Scale Spoil Island
Restoration and Enhancement projeers, all applications for financial assistance and
support through this program from member counties and local governments shall
be made on Form Number FIND 90-22. All applications for financial assistance
and support through this program from navigation related districts shall be made
on Form Number FIND 93-22.
(3) Sponsor Resolution: The project sponsor shall approve the submission
of an application by official resolution from its governing board or commission.
Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date
10-14-92) hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a project that is a land
based development project, the applicant shall submit an Attorney's Certification
of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated
by reference and available from the District office.
(5) Application Review: Applications will be reviewed by the local FIND
Commissioner before being submitted to the District Office. Upon receipt in the
District office, staff will review the applications for completeness of the
informational requirements identified in the Application Checklist, FIND Form
Number 90-26 (effective date 7-30-02) and for compliance with the eligibility
requirements of this rule. When an application is determined by staff to be
incomplete or ineligible, staff will immediately inform the applicant by mail. The
applicant will then have until the date established by the Board in the application
package to bring the application into compliance. If the applicant fails to provide a
complete application in compliance with these rules, the application will not be
considered for funding.
(6) Interlocal Agreements: Applications that the Board determines will
directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as
documented by the District's long range dredged mater/al management plans, will
12
EXH~IT A
directly benefit the maintenance of the Okeechobee Waterway channel in Marlin
County as documented by the District's long range dredged mater/al management
plan, will directly benefit the maintenance or improvement of District property, or
have multiple funding partners including the Corps of Engineers as the project
manager can qualify for project assistance through an interlocal agreement
pursuant to s.163, FS. or s. 374.984(6)(a), FS. District staff will identify these
applications and present them to the Board for their determination as to funding.
Interlocal agreement projects shall comply with all other prov/sions of this role,
except for pre-agreement expenses, permitting and property control requirements.
(7) Application Presentations: Applications determined to be complete and
in compliance with this role will be forwarded to the Board for review and then
scheduled for presentation to the Board at a scheduled meeting of the Board.
Applicants can decline to make a presentation to the Board by submitting a written
request.
(8) Application Evaluation and Rating Score: Following the presentations,
the Board will review the applications and evaluate them using the Project
Evaluation and Rating Forms No. 91-25 (effective date 3-21-0I), and No. 91-25(a
thru e) for Waterways Assistance Program applications, and 93-25 and 93-25(a &
b) for Navigation Related District applications, hereby incorporated by reference
and available from the District office. The total points awarded to each application
by the Commissioners will be averaged to determine an applications final rating
score. The final rating score for each application must equal or exceed 35 points
for the application to be considered for funding assistance. Reconsideration of any
application w/th a final rating score of less than 35 points will only occur i~' the
majority of the Commissioners evaluating the project rated the project equal to or
exceeding 35 points and two-thirds of the Commissioners vote for reconsideration
of the application.
(9) Funding Determination: The Board will hold a funding allocation
meeting at which time the Board will determine the allocation of funds, if any, to
13
EXHIBIT A
each project. Allocations will be based in part upon the cumulative score of the
applications as calculated from the Project Evaluation and Rating Form.
Allocations will also be based upon the specific needs of the individual counties.
Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. H~story -- New 12-i 7-90, Amended
9-2-92, 6-24-93, 4-12-95, Formerly 26T-2.006, Amended 5-25-00, 3-2]-0l, 7-30-02.
66B-2.0061 -- Emergency Applications.
Emergency applications may be submitted to the District and considered by
the Board at any time during the year to provide assistance to an eligible applicant
for the removal of navigation obstructions and repair or replacement of waterway
facilities damaged by a declared natural disaster. The District shall consider these
applications in accordance with these roles.
Specific Authority 374.976(2) FS. Law Implemented 374.976(]) FS. History -- New 6-24-93, Amended 2-
6-97, Formerly 16T-2.006L
66B-2.007 -- Application Form.
(Repealed)
Specific Authority 374.976(2) FS. Law Implemented 374,976(1) FS. History -- New J2-I 7-90, Amended
6-24-93, 2-3-94, 4-J2-95, Formerly 16T-2.007, Repealed 7-30-02.
66B-2.008 - Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program
shall be used to plan or carry out public navigation, public recreation,
environmental education, boating safety, spoil site acquisition directly related to
the waterways, inlet management, environmental mitigation and beach
renourishment.
(a) Program funds may be used for projects such as acquisition, planning,
development, conSlzuction, reconstruction, extension, improvement, operation or
maintenance of the following types of projects for public use on land and water.
These project types will be arranged into a priority list each year by vote of the
Board. The priority list will be distributed to applicants with the project
application.
14
EXHIBIT A
1. Public navigation channel dredging;
2. Public navigation aids and markers;
3. Inlet management projects that are a benefit to public navigation
in the District;
4. Public shoreline stabilization;
5. Public spoil disposal site development;
6. Waterway signs and buoys for safety, regulation or information;
7. Public boat ramps and launching facilities and land acquisition
for additional trailer parking at an existing boat ramp',
8. Public boat docking and mooring facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and
facilities;
11. Public fishing and viewing piers;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by
navigation inlets, navigation structures, navigation dredging, or a
navigation project; and
15. Other waterway related projects.
(b) Ineligible Projects or Project Elements: Project costs ineligible for
program funding or matching funds will include: contingencies, miscellaneous,
reoccurring personnel related costs, land acquisition that is not for additional
trailer parking at an existing boat ramp and any extraneous recreational amenities
not directly related to the waterway such as the following:
1. Landscaping;
2. Park and playground equipment;
3. Restrooms for non-waterway users;
4. Tennis courts;
15
EXHB31T A
5. Roadways providing access to non-waterway users;
6. Parking areas for non-waterway users;
7. Utilities for non-waterway related facilities;
8. Lighting for non-waterway related facilities;
9. Irrigation equipment;
10. Maintenance equipment;
11. Picnic shelters and furniture;
12. Vehicles to transpor~ vessels;
13. Operational items such as fuel, oil, etc.
(c) Project Elements with Eligibility Limits: Subject to approval by the
Board of an itemized expense list:
1. The following project costs will be eligible for program funding
or as matching funding:
a. Project management, administration and inspection;
b. Design, permitting, planning, engineering or surveying
costs for completed construction project;
c. Restoration of sites disturbed during the construction of an
approved project;
d. Equipment costs.
2. The following project costs, w/th the exception of those projects
requesting Small-Scale Spoil Island Restoration and Enhancement
funding, will be eligible only as matching costs and cannot exceed
fifteen (15) percent of the applicants match:
a. Applicant's non-recurring personnel costs;
b. Applicant's equipment costs;
c. Applicant's in-house project management administration,
and inspection costs;
16
EXHIBIT A
d. Applicant's in-house design, permitting, planning,
engineering or surveying costs for completed construction
project;
e. Applicant's other in-kind services.
Before reimbursement is made by the District on any of the costs listed in
subsection 1. or 2. above, a construction contract for the project approved and
executed by the project sponsor and project contractor must be submitted to the
District.
(d) Phase I Projects: Applications for eligible waterway projects that
include construction elements below mean high water will be submitted as a
phased project where Phase I will include the design, engineering and permitting
elements and Phase II will include the construction of the project. A description
and cost estimate of the Phase II work will be submitted along with the Phase I
application for Board review. Applicants for Phase II funding will demonstrate
that the environmental permitting element of Phase I will be completed by the
District's final TRIM hearing. This demonstration will be by the submission of
the required environmental perrrfit(s) or by the submission of a letter from the
agency stating that a permit is not required. Should the environmental permitting
element of Phase I of an application for a construction project not be completed by
the District's final TRIM hearing, the Phase II project will not be considered for
funding. The D/strict will not deviate from the funding schedule, whereby funding
decisions are completed at the final TRIM heating, to accommodate any
application deficiency.
(2) Property Control: The site of a new proposed land-based development
project, with the exception of those projects requesting Small-Scale Spoil Island
Restoration and Enhancement funding, shall be dedicated for the public use for
which the project was intended for a minimum period of 25 years after project
completion. Such dedication shall be in the form of a deed, lease, management
agreement or other legally binding document and shall be recorded in the public
17
EXHIBr'r A
property records of the county in which the property is located. This property
control requirement also applies to a project site owned by another governmental
entity. The governmental entity that owns the project site may be joined as a co-
applicant to meet this property control requirement. Existing land based
development projects that are being repaired, replaced or modified must
demonstrate that the project site has been dedicated for public use for at least 25
years with at least 10 years remaining on the dedication document.
(3) Permits: The project sponsor is responsible for obtaining and abiding by
any and all federal, state and local permits, laws and regulations in the
development of the project.
(4) Public Marina Qualifications: All public marina projects funded through
this program shall include sewage pumpout facilities for vessels, unless the
applicant can demonstrate that inclusion of such a facility is physically,
operationally or economically impracticable. All public marina projects funded
through this program shall have at least ten (10%) percent of their slips or mooring
areas available for transient vessels. Program funds to public marina projects shall
not be utilized for maintenance of the facilities if revenues generated by the
facility are not exclusively allocated to the operation, maintenance and
improvement of the public marina facility.
(5) Final Decisions: The Board will make all final decisions on the
eligibility of a Project or specific project costs.
Sjaecific Authority 374.976(2) FS. Law Implemented $74.976(1) -- (3) F$. Hixtory -- New 12-17-90,
Amended 9-2-92, 6-24-95, 2-.5-94, 4-12-95, 9-5~96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, $-31-
99,5-25-00,3-21-0I, 7-30-02.
6ffB-2.009 -- Project Administration.
The District will appoint a project manager who shall be responsible for
mon/toring the project and the project agreement. The project manager shall also
be responsible for approving all reimbursement requests. The project sponsor shall
appoint a lialscm agen% who will be a member of the eligible applicant's staff, to
18
EXHIBIT A
act on its behalf in carrying out the terms of the project agreement. Administration
of the project will be as follows:
(1) Project Agreement: For each funded project, the District and the project
sponsor will enter into a project agreement, prior to the release of program funds,
setting forth the mutual obligations of the parties concerning the project. The
project agreement shall incorporate the applicable policies and procedures of the
program as outlined in this rule. Project agreements will be for a two-year period
with the possibility for one, one-year extension. Any request for a one-year
extension of funding shall require submittal by the PROJECT SPONSOR of a
request for extension to the DISTRICT no later than July of fiscal year two of the
approved project. This request will then be considered by the DISTRICT Board,
whose decision shall be final. In review of these requests, the Board will take into
consideration the current status and progress of the project and the ability of the
applicant to complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and
enumerate the amount and source of the matching funds it will be using to match
the program funds supplied by the District for an approved project. The project
sponsor shall provide suitable evidence that it has the matching funds available at
the time the project agreement is executed.
(3) Agreement Modification: All proposed changes to the project
agreement must be submitted to the District in writing by the project sponsor
accompanied by a statement of justification for the proposed changes. All project
agreement amendments shall be approved by the District Board, except that the
Executive Director may approve a minor project agreement amendment for a
project within a county with the local District commissioner's concurrence. A
m/nor project amendment shall not change the approved project's category nor
result in a reallocation of more than 35% of the approved funding of the project
among project elements. Project agreement amendments will not include a change
to the approved project's location or a change in the approved project's purpose or
19
EXI~BIT A
project type. Agreed changes shall be evidenced by a formal amendment to the
project agreement and shall be in compliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the
project manager summarizing the work accomplished since the last report,
problems encountered, percentage of project completion and other appropriate
information. These reports shall continue throughout the length of the project
period until completion of the project. The report shall be submitted on Form 95-
02, "Assistance Program Project Quarterly Status Report, dated 7-30-02, hereby
incorporated by reference and available at the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic
reimbursement requests during the project period in accordance with s.66B-2.011.
The project manager will approve or disapprove all reimbursement requests. The
final payment of program funds will be made upon certified completion of the
project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall
have the right to inspect the project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3)
years of the date beginning of the District's first fiscal year for which the project
was approved. If the completion of a project is impacted by a declared state of
emergency and the Board waives this rule section, the extension of time granted
shall not exceed one additional three (3) year period.
(8) Project Completion Requirements: Upon completion of the project, the
liaison agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date
7-30-02), hereby incorporated by reference and available from the District office,
which certifies that the project was completed in accordance with the project
agreement and the final project plans.
Co) A final reimbursement request accompanied by all required billing
statements and vouchers.
20
EXHI~iT A
2.013.
(c) Photograph(s) showing the installation of the sign required by s. 66B-
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(9) Project Completion Review: The project manager will review the
project completion package and will authorize or reject the final reimbursement
payment, which wilI include ali retained funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented _774.976(l) FS. laristory -- New 72-77-90, Formerly
26T-2.009, Amended 3-27-07.
66B-2.010 -- Project Agreement.
(Repealed)
Specific Authority 374.976(2) ?$. Law Implemented 374.976(7) F$. History -- New 12-77-90, Amended
9-5-96, 7-01, Formerly 167-2.010, Repealed 7-30-02.
66B-2.011 -- Reimbursement.
The District shall release program funds in accordance with the terms and
conditions set forth in the project agreement. This release of program funds shall
be on a reimbursement only basis_. The District shall reimburse the project sponsor
for project costs expended on the project in accordance with the project
agreement. Project funds to be reimbursed will require the submission of a
Reimbursement Request Form and required supporting documents, FIND Form
No. 90-14 (effective 7-30-02), hereby incorporated by reference and available
from the District office.
(1) Authorized Expenditures: Project funds shall not be spent except as
consistent with the project agreement cost estimate that was approved by the
Board, which shall be an attachment to the project agreement. This cost estimate
will establish the maximum funding assistance provided by the District and the
percentage of funding provided by each party to the project. The District will pay
the lesser of (a) the percentage total of project funding that the Board has agreed to
fund, or Co) the maximum application funding ass/stance amount.
21
EXI"I~ IT A
(2) Phase I Reimbursement: In accordance with these roles, reimbursement
cannot be made on a Phase I application until a construction contract is executed
by the applicant for the construction phase of the prQect. If the Phase I project is
completed but a construction contract is not executed by the three (3) year project
deadline, then the District shall only allow one (1) year from the Phase I project
deadline to enter into the required construct/on contract before the Phase I funding
is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to the
District and summarized on the Reimbursement Request Form. All requests for
reimbursement shall include supporting documentation such as billing statements
for work performed and cancelled payment vouchers for expenditures made.
(4) Retainage: The District shall retain ten percent (10%) of all
reimbursement payments until final certification of completion of the project. The
District shall withhold any reimbursement payment, either in whole or part, for
non-compliance with the terms of this agreement.
(5) Check Presentations: A District representative shall present the final
reimbursement check to the project sponsor during a public commission meeting
or public dedication ceremony for the project facility.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) F$. History -- New I2-17-90, Amended
6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02
66B-2.012 - Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is respons~le for maintaining an
accounting system that meets generally accepted accounting principles and for
maintaining such financial records as necessary to properly account for ali
program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project
status reports to FIND in accordance with s.66B-2.009(4).
22
EXFI~i~ A
(3) Completion Certification: Ali required final completion certification
documents and materials as outlined in s.66B-2.009(8) of this rule shall be
submitted to the District pr/or to final reimbursement of program funds.
(4) Auditing: Ali project records including project costs shall be available
for review by the District or by an auditor selected by the District for 3 years after
completion of the project. Any such audit expenses incurred shall be borne
entirely by the project sponsor.
(5) Project Records: The project sponsor shall retain all records supporting
project costs for three years after either the completion of the project or the final
reimbursement payment, whichever is later, except that should any litigation,
claim, or special audit arise before the expiration of the three year period, the
project sponsor shall retain all records until the final resolution of such matters.
(6) Repayment: If it is found by any State, County, FIND, or independent
audit that program funds have not been used in accordance with this rule and
applicable laws, the project sponsor shall repay the misused program funds to the
Distriet.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-I7-90, Formerly
16T-2. 012, Amended 7-30-02.
66B-2.013 -- Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District,
in a prominent location at the completed project that indicates the District's
participation in the project. This sign shall contain the FIND logo. In the event that
the project sponsor erects a temporary construction sign, this sign shall also
recognize the District's participation. If the final product of the project is a report,
study or other publication, the District's sponsorship of that publication shall be
prominently indicated at the beginning of the publication. If the project results in
an educational display, the District's logo and a statement of the District's
participation in the project shall be contained in the display.
23
E:X.I-I]:B1T A
Specific Authority 374.976(2) PS. Law Implemented 374.976(1) KS. History -- New 12-17-90, Formerly
16T-2.0]3.
66B-2.014 -- Small-Scale Spoil Island Restoration and Enhancement
Projects.
Proposals shall be accepted for the restoration or enhancement of spoil
islands and natural islands within the District's waterways for recreational,
navigational, educational, and environmental purposes. The provisions of this rule
apply to these applications with the following additions or exceptions:
(11 Application Procedure - A Request for Proposals procedure will be
used to request proposals for consideration. Proposals shall follow the format
described in FIND Document #03-02 Call for Proposals - Small Scale Spoil Island
Restoration and Enhancement Program, effective date 7-30-02, hereby
incorporated by reference and available from the District office. Proposals may be
submitted to the District and considered by the Board at any time during the year.
(2) Matching Funds: Small-scale spoil island restoration and enhancement
may qualify for up to ninety percent (90%) program funds. The applicant's ten
percent (10%) matching funds may include in-kind contribution pursuant to s66B-
2.014(41 Co).
(3) Eligibility: All proposals must meet the following eligibility criteria to
be considered for funding.
(a) Management Plan Compliance: Projects shall be in compliance with the
provisions of any Spoil Island Management Plans or other management plans that
govern the Project site.
Co) Property Control: The Project Sponsor must have written property rights
on the Project site to construct and maintain the Project for a minimum of five
years. Such property rights can be in the form of a lease, interlocal agreement, use
agreement or other legal form approved by the District.
24
EXI-IIBIT A
(4) Funds Allocation: Funds shall be allocated pursuant to s. 66B-2.005,
subject to the exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to
exceed $22,500 per County, per fiscal year.
(b) The Project Sponsor may contribute in-kind construction labor; such
in-kind construction labor costs will not be counted by the District as exceeding
$10.00 per hour. No administrative costs can be incorporated into the Project as
Project costs.
(c) The funding provided by the District shall only be allocated for
specific Project expenses such as construction materials, plant materials,
herbicides, etc. The funding provided by the District shall not be allocated for
parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government
employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as
approved by the District and hereby incorporated by reference and ava/lable from
the District office.
Specific Authority 374.976(2) F$. Law ltnplemented $74.976(1) F$. History--New 7-30-02.
25
EXHIBIT B
FLORIDA LN-L~X~D _,NAVIG.~k~ION DISTRICT
WA.T~I~WA.¥S .~SIST_~NCE PROGII.a~M
PROJECT COST 7~S ~"~IM-Z~TE
(See l~e Section 66-B-2.005 & 2.008 for eli~bilitv and ful~di.g
PROJECT TITLE: WA~Em~A¥ BOATIN~ SAFETY
APPLICANT:
Project Elements
Q~n~zy E~d~uaz~d
(~mb cr mud/or Cost
Poomg=)
Cost Cost
1- VESSEL
2- 2-90-115 hp 4 CfCLE YAM-ANA ENG]lqES
3- COAST GUARD APPROVED SAFETY EQUIPMENT
4- T-TOP
20-25'
TOTAL $50,000.00 $25~000.00 $25,000.00
* ALL EQULrt~NT COSTS ~ DIRECTLY RELA3~D TO /tie AMZIYfff OF ~-E FINAL GRANT AMflINT.
TOTAT ,~
~urzn. No. 90-25 ("iN'ew 10/I492)
EXHIBIT C
FLORIDA INLA.ND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor:
Project Title: Project #:
I hereby ce~fy that the above referenced project Sponsor, as of October 01,200_,
has the required matching funds for the accomplishment of the referenced project in
accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor, dated October 200_.*
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of Iris or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as prov/ded in s.
775.082 or s. 775.083 F.S.
FIND FortuNe. 95-0I
New 9/9/95 (revised 7-30-02)
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME:
PROJECT NO.:
PROJECT SPONSOR:
BILLING NO.:
Amount of Assistance
All Funds Previously Requested
Balance Available
Funds Requested
Less Retainage(-10% unlessfinal)
Check Amount
Balance Available
Less Check Amount
Balance Remaining
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant
Cost
FIND
Cost
FIND - Form No. 90-14
Effective Date 7-30-02)
(NOTE: Signature Required on Page 2)
FIND - Form No. 90-14
page Two
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "B")
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost Cost
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for
the accomplishment of the approved project and that these expenses are in accordance with Exhibit
"B" of the Project Agreement. *
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official dray shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
Effective Date 7-30-02)
EXI:IIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
Sponsor:
Project Title:
Project #:
I hereby certify that the above referenced project was completed in accordance with
the Cooperative Assistance Program Project Agreement between the Florida Inland
Navigation District and , dated
,20 , and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 of the Project Agreement. *
Project Liaison Name:
Project Liaison Siguature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to rdslead a public servant in the p~formance of his or
her official duty shall be guilty of a rrfisdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND FormNo. 90-13
(Effective Date: 12-17-90, Revised 7-30-02)
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
Report Due:
Oct 1-DEC 15
(Dec 31)
REPORT PERIOD
Dec 15-Mar 1 Mar 1-June 15
(March 15) (June 31)
June 15~Sep 1
(Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Fnrm No. 95-02
(Effective Date: 7-30-02)
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2002 -
DECEMBER 31, 2002 -
MARCH 15, 2003 -
JUNE 30, 2003 -
SEPTEMBER 15, 2003 -
DECEMBER 29, 2003 -
MARCH 15, 2004 -
JUNE 29, 2004 -
Project Agreement Executed, Project Initiates.
First Quarterly Report Due.
Second Quarterly Report Due.
Third Quarterly Report Due.
Fourth Quarterly Report Due.
Fifth Quarterly Report Due.
Sixth Quarterly Report Due.
Seventh Quarterly Report Due.
NOTE: If project will not be completed and all close out paperwork submitted by
September 1st, a request for an extension of the completion date of the project
should be submitted with the quarterly report.
SEPTEMBER 3, 2004 - Closeout paperwork due.
September 28, 2004 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check to sponsor.
.NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District. Appropriate timing for modifications to the project cost
estimate, Exhibit B, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
EXHIBIT H
FLOR~IDA
DIST:RtCT
MUNICIPAL
City of Sebastian, Florida
Subject: Airfield Perimeter Fencing
Contract
~Approved~or Submittal by:
Agenda No. O~. 2 ~C]
Department Origin: Airport
Dept. Head: ~
Finance:
General Services: ~_/~.~
Date Submitted: 10/16/02
For Agenda of: 10/23/2002
Exhibits: Bid Tabulations and Recommendation from the LPA Group, Inc.
EXPENDITURE AMOUNT BUDGETED: ~ APPROPRIATION
REQUIRED: $ 365,312 $ 396,565 REQUIRED: N/A
SUMMARY
On September 25, 2002, the City Council formally accepted a Grant Agreement with
the Federal Aviation Administration in the amount of $921,000 for both Phase I of the
reactivation of Runway 9-27 and the installation of Airfield Perimeter Fencing.
Based on bids received for the Airfield Perimeter Fencing project, staff is
recommending the contract be awarded to Smith Industries, Inc. (dba - Smith Fence
Company) in the amount of $365,312.00. Smith Fence has experience in airfield
fencing and has completed similar work at many large and small airports around the
country.
Once completed, this project will significantly increase the safety and security of our
Municipal Airport by deterring both unauthorized personnel and wildlife from accessing
critical areas. The entire perimeter will be fenced with a six-foot tall, chain-link fence,
with three strands of barbed wire at the top. In addition, this bid includes the installation
of four automated gates to assist in better access control to the airport.
Airport staff will be present during your October 23, 2002, regularly scheduled meeting,
should you have any questions.
RECOMMENDATION
Move to award Airfield Perimeter Fencing contract to Smith Industries, Inc. in the
amount of $365,312.
BID TABULATION FORM
AIRPORT PERIMETER FENCING
BID OPENING: SEP. 18
PROJECT DESCRIPTION
Furnish and install perimeter fencing
and pe~ori~ other related work
The Engineer's estimate prepared by the LPA Group is $385,996.00
SMITH FENCE COMPANY
CLEARWATER, FL
$365,312.00
CHILBERG CONSTRUCTION
VERO BEACH, FL
$440,080.00
Purchasing
THE LPA GROUP INCORPORATED
September 19, 2002
Mr. Jason Mitewski, C.M.
Airport Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject:. Sebastian Municipal Airport
Review of Airport Perimeter Fencing Bids- Received 18-SEP-02
Dear Mr. Milewski:
THE LPA GROUP INCORPORATED has reviewed the bid packages submitted on 18-SEP-02 by
the 2 Contractors for the subject project. Based on the bid pdces submitted, we recommend the
following combinafJon of ttemslpdces: Total Base Bid + Additive Alternates 2, 3, 4, 5 and 7. The
following prices were submitted for that combination:
Confl'actor
Total Base Bid + Additive Alternates
A-2. A-3. A-4. A-S and A.7
Smith Fence Company
Chilberg Construction Company
$365,312.00
$440,080.00
The apparent iow bidder is Smith Fence Company {or the'total price shown. They also submitted
the required documentation in support of their bid, and have listed similar projects on their list of
experience. Based on the aforementioned information, we recommend the award of the contract to
Smith Fence Company for $365,312.00, contingent upon City of Sebastian Legal and General
Services review, and availability of funds.
Please see the. attached bid tab for a breakdown of the uni( prices, and base bid and bid alternate
costs. Aisc, please feel free to call me if you have any questions or comments.
Sincerely,
THE LPA GROUP INCORPORATED
< <or/gtna/'signed and mailed>>
Mark C. Jansen, P.E.
Project Manager
Attachment: Bid Tabs
CC:
Mohsen Mohammed[, LPA
File TA412010.3a)
MUNICIPAL AI RT
City of Sebastian, Florida
Subject: Change Order #1 to Runway 4-22 Agenda No. ~. / ~ 7
Edge Lighting Contract
Approved for Submittal by:
Ter~r ce ore ' anager
Department Origin: Airport
Dept. Headrvi~
Finance:
General Se
Date Submitted: 10/16/02
For Agenda of: 10/23/2002
Exhibits: Fee estimate from JACO Airfield Construction
EXPENDITURE I AMOUNT BUDGETED:
REQUIRED: $12,800 ] $16,658
APPROPRIATION
REQUIRED: N/A
SUMMARY
Eadier this year, the City of Sebastian awarded a contract to JACO Airfield
Construction, Inc. to install edge lighting on Runway 4-22. As you may recall, the
project had to be bid twice, as the first bids received were all heady $100,000 over the
budgeted amount.
After evaluating the initial bids, staff discovered that most of this $100,000 came from
backfilling the trenches for the lights. When the project was re-bid, the backfilling of the
trenches was intentionally left out, as it was estimated that our own City crews could
complete this portion of the project for approximately $20,000. After discussing this with
JACO, they suggested that they could perform this task for $12,800, far less than it
would cost us to do it ourselves. This is primarily because they will already have
concrete trucks and crews on site for other parts of the project, so adding this small
amount of work is relatively minor to them.
In summary, by authorizing a change order in the amount of $12,800 to JACO Airfield
Construction, this project can be completed without requesting an appropriation. In
addition, City crews will be able to continue serving our residents rather than being
devoted to this project until its completion.
Airpod staff will be present dudng your October 23, 2002, regularly scheduled meeting,
should you have any questions.
RECOMMENDATION
Move to authorize Change Order #1 to Runway 4-22 Edge Lighting Contract with JACO
Airfield Construction, Inc. in the amount of $12,800.00
JACO AIRFIELD CONSTRUCTION, INC
1071 Greensboro Road, Eatomoth Georgia 31024
Phone (706) 485-5434 Fax (706) 485-5567
DATE:
TO:
October 14, 2002
Mr. Jason Milev~d
Sebastian Municipal Airport
FROM; Clint Butler
Project Manger
Runway' 04-22 MIRL - Backfill Proposal - Option No. 2
JACO Airfield Construction, Inc. propose:
Backfill up to 6400 LF of trench for an additional lg"
Backfill wi~h material originally removed from the trencl~ and
6" of low-strength Portland cement concrete
For lump sum price ors 12,800.00. *
*Said backfill will be for LF covered in the scope of work for line
item L-110-3 per plans and specifications.
Should material originally removed from the trench be or become
unsuitable to use for backfilL JACO will advi~e Sebastian
Airport of same and notify of additional ¢ost.
Sebastian Airport will pay JACO $2.00 per LF of any backfill
quantity exceeding the 6400 LF.
Please return executed, approved copy of this proposal prior to onset of
trenching acl/vities.
Jason Milewski, Airport Director
Date
MUNICIPAL AIRPORT
City of Sebastian, Florida
Subject: Phase I of Runway 9-27 Activation
Contract Award
Approved for Submittal by:
T e r ren c ef~r~/~y) ~ a g er
/
Agenda No. 0~. O~ q
Department ~
Dept. Head: )
Finance:
General Services:~
Date Submitted: 10/17/2002
For Agenda of.' 10/2:/2002
Exhibits: Bid Tabulations and Recommendation from the LPA Group, Inc~
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: $188,963.00 $ 759,796 REQUIRED: N/A
SUMMARY
On September 25, 2002, the City Council formally accepted a Grant Agreement with
the Federal Aviation Administration in the amount of $921,000 for both Phase I of the
reactivation of Runway 9-27 and the installation of Airfield Perimeter Fencing.
Based on bids received for the Phase I of the reactivation of Runway 9-27, staff is
recommending the contract be awarded to Ali-Rite Paving Contractors, Inc. and ASI
Paving Incorporated (Joint Venture) in the amount of $188,963. This project basically
consists of tree clearing and demolition/disassemble of two buildings. Based on
information provided in their bid, ASl has significant experience in this type of work.
Once completed, Phase II of the reactivation process can begin, which includes
rehabilitating the pavement and the construction of a full-length parallel taxiway. Based
on early estimates, it is likely that Runway 9-27 will become active in early 2004,
something our residents and the surrounding community have long awaited.
Airport staff will be present during your October 23, 2002, regularly scheduled meeting,
should you have any questions.
RECOMMENDATION
Move to award the Runway 9-27 Obstruction Clearing (Phase I) contract to Ali-Rite
Paving Contractors, Inc. and ASI Paving Incorporated (Joint Venture) in the amount of
$188,963, and authorize staff to execute the same.
Z
UJ
0
INCORPORATED
r8
Municipal Airport
RWY 09-27 Obstacle Clearing- Received 19,SEP.02
THE LPA GROUP iNCORPORATED has reviewed'the bid packages submitted on 19'SEP.02 by
the 2 Contractom for the subject project. Based on the bid prices submitted, we recommend the
following .combination of items/prices: Total Base Bid + all Additive Altamates. The following prices
were submitted for that combination:
Contractor
ASI Paving, Inc.
ChiJberg Construction Company
Total Base Bid + All Additive
$188,963.00
$245,945.00
The apparent Iow bidder is ASI Paving, Inc. for the total pdce shown. In our copy of the bid, we
discovered one math error with ASI's base bid item 6, which was corrected in the attached bid tabs.
This resUlted in the actual total of the bid prices shown being $505.00 tess than the total shown on
ASI's B d Pdce Schedule. ASI also submitted the required documentation in support of their bid
(note that bid bond is in the name of the joint venture partner).
Baaed on the aforementioned information, we recommend the award of the contract to AS[ Paving,
inc. for $188,963.00, contingent upon City of Sebastian Legal and General Services review, and
availability of funds.
Pleaae see the attached bid tab for a breakdown of the unit pricea, and base bid and bid alternate
costs. Also. please feel free to call me if you have any questions or comments.
Sincerely,
THE LPA GROUP INCORPORATED
<<original signed and mailed>>
Mark C. Jansen, P.E.
Project Manager
Attachment: Bid Tabs
CC:
Mohsen Mohammadi, LPA
File (TA412012.3a)
City of Sebastian, Florida
Subject: Authorize purchase of six (laptops)
from Toshiba America.
Agenda No. J)C~J
[ Department Origin: Financ/~
General Services, .~.~.,.?,~..~
Date Submitted: October 17, 2002
For Agenda of: October 23, 2002
Exhibits:
EXPENDITURE
REQUIRED: $9,982.20
AMOUNT BUDGETED:
$10,434
APPROPRIATION
REQUIRED:
SUMMARY
In Fiscal Year 2002, the City went out for bid for laptop computers. All bids received were in
excess of the budgeted amount and were rejected. Understanding that various opportunities in the
technology environment that sales on computers occur at various times, the City's Network
Manager obtained quotes from various suppliers for the Toshiba laptops. The reason for these
laptops and not others is that the Toshiba laptops are a very durable and well respected product for
the services these computers will be performing.
From the quotes, Toshiba America offered the best price due to the provision that the company was
providing a key component, an Advanced Port Replicator at a cost of approximately $200 each, for
free. This brought the laptop costs within budget parameters. The quoted offer, however, was for a
limited time period which would not cross the next approval process by City Council. Therefore,
the City Manager, via the emergency purchase procedures under the most economically practical
provision, authorized the purchase in advance of Council Approval.
RECOMMENDED ACTION
Move to waive purchasing procedures and authorize the purchase of six Toshiba Laptops in the
amount of $9,982.20.
City of Sebastian, Florida
Subject: Purchase of Pickup Trucks
Approved/f6r Submittal by:
fl[erren~Moo~~ager
Agenda No. /~2o
Department O~ublic Works
Dept. Bead: -
Finance:
General Services:
Date Sub.Red: 10/17ff02
For Agenda of: 10/25/02
Exhibits: Written Quote
EXPENDITURE
REQUIRED: $ 46,341.00
AMOUNT BUDGETED:
$ 47,000.00
APPROPRIATION
REQUIRED: $ 0
SUMMARY
The Parks Division of thc Public Works Department has two (2) pickup trucks in the fiscal 2002-
2003 budget and the Roads and Maintenance Division of the Public Works Department has one
(1) pickup truck in the budget. Staff is requesting that these tracks be purchased from Maroone
Chevrolet on piggyback prices from the Florida Sheriffs Association, at a cost of $15,447.00
each.
RECOMMENDATION
Move to approve the purchase of three (3) 2003-½ ton Chevrolet Silverado pickup trucks at a
cost of $15,447 each from Maroone Chevrolet based on piggyback prices fi.om the Florida
Sheriffs Association bids.
Jesus M. Vieiro
To:
Cc:
Chris Mcarthy; Terry Hill
Paul Wagner; Peter Socci
I have reviewd with Peter Socci the specification for the 1/2 ton pickups for the Parks Division. Please review and
comment or lets get together to finalize it.
Garage's proposed specification
Chevrolet Silverado 1500 1/2 ton pickup 4 x 2 ........................................... $-13,623,00
OPTIONS
LR4 4.8 L V 8 ...................................................................... 695.00
Class III Heavy Duty Towing Package up to 5000 lbs ........ 375.00
CC15903 8' cargo instead of 6'. ................................................. 300,00
BUA Backup alarm ............................................................... 89.00
DF2 Trailer tow mirrors ........................................................ 70.00
GS0 Limited slip differential ................................................... 295.00
TOTAL $15,447.00
I do not have in my possession at this time the approved budget and consequently do not know at this time the available
funding.
I'm attaching the Florida Sheriffs Association Specification and pricing for the subject vehicle.
Buyer
City of Sebastian
[~h,'~n=, 777.~RC~.(}74~ F~× 772-589-6880
City of Sebastian, Florida
Purchase of 2003 Chevrolet
Pickup Truck
for Submittal by:
..~erre~Moore, City Manager
Exhibits: Written Quote
aNo. OZ./3 7
Department Origin: Stormwater Utility
Dept. Hea .dF-
Finance: ~
Procurement: .~.~.~ ~_/_~-,~-__._~
Date Submitted: 10117/02
For Agenda of: 10/23/02
EXPENDITURE
REQUIRED:
$15,447.00
T AVAILABLE:
.00
APPROPRIATION
REQUIRED: $0
SUMMARY
The Stormwater Utility Division has (1) pickup truck in the Fiscal 2002-2003 Budget.
The Stormwater Utility Division is requesting the purchase of a Chevrolet Silverado
2003, 1500 ~ ton Pickup 4x2 from Maroone Chevrolet on piggyback prices from the
Florida Sheriffs Association in the amount of $15,447.00.
RECOMMENDED ACTION
Move to approve the purchase one (1) Chevrolet Silverado 2003, 1500 ~ ton pickup
4x2 at the cost of $15,447.00 from Maroone Chevrolet, based on Piggyback prices from
Florida Sheriffs Association bids.
FLORIDA
ASSOCIATION
~-f COUNTIES
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
SPECIFICATION #18 - 1/2 TON PICKUP TRUCK
2 wi-t~L DRIVE, 4 WHEEL DRIVE OPTIONAL
Base Specifications
CHRYSLER, FORD, GENERAL MOTORS OR APPROVED EQUIVALENT
ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED
1. ENGINE
a. Gasoline engine, minimum 6-cylinder, 3.7L and 175 net HP. The following engines, or
approved equivalents are acceptable:
Ford: 4.2L 205 net HP {EFI)
GM: 4.3L 200 net HP {EFI)
Dodge: 3.7L 215 net HP (MPI)
b. Manufacturer's standard alternator and battery.
c. Manufacturer's standard cooling system.
a. Automatic overdrive transmission, 4-speed, minimum.
3. ~
a. Manufacturer's standard drive axle and ratio for specified engine and transmission com-
bination.
b. Limited slip differential on 4-wheel drive.
4. P RFORMANCE 1TE S
a. Factory Installed ammeter or voltmeter, fuel, oil pressure and coolant temperature gauges,
if available.
b. Power steering.
c. Power brakes with 4-wheel ABS.
a. Air conditioning, factory installed,
b. Tinted glass all around (NOTE: factory tint)
c. Manufacturer's standard seat, cloth or vinyl. Purchaser to specify color at time of order.
530
Bid Award Announcement (02.10.0826)
Base Specifications #18 - 1/2 Ton Pickup Truclc
d. Manufacturer's standard AM/FM radio.
e. Heavy-duty rubber floor covering instead of carpet.
a. Dual outside mirrors, inside rearview mirror.
b. Interior dome light(s), with left and right door activated switches.
c. Minimum 2-speed electric wipers; windshield washers.
d. Air Bag: Driver and right front passenger.
e. Daytime running lights (if available).
7. TIRES D EL
Tires, five (5) P225/75R16 or larger, radial BSW highway or all season tread. Spare t/re,
wheel and rack to frame mounted. Jack and lug wrench to be included. White sidewalls
and raised white letter tires may be substituted for the black sidewalls ff the white
sidewalls and raised letters are mounted on the inside and the cost is no greater than the
black sidewall tires.
8. CHAS IS F E C
a. Minimum 1610 lb. payload rating (combined weight of options, passengers and cargo).
b. Wheelbase: 118.7" minlmttm.
c. Fleetside or approved equivalent body, minimum 75" inside box length, milk, mum width
49" between wheel housing.
d. Front bumper.
e, Heax~-duty step-type rear bumper, factory installed.
f. Manufacturer's standard paints and color, factory painted, To include standard and
optional clear coat and metall/c paints and color offered by the manufacturer.
g. Keys: two (2) per vehicle, single key locking system, {each vehicle keyed differently). Third
key optional
h. ManufactureVs standard fuel tank.
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 and all Motor Vehicle Safety Standards as established by the U.S. Department of Trans-
portation regarding the manufacture of motor vehicles.
The successful bidder shall be responsible for delivering vehicles that are properly seruiced,
clean and in first class operating condition. Pre-delivery service, at a minimum, shall incinde
the following:
a. Complete lubrication.
b. Check all fluid levels to assure proper fill.
c. Adjustment of engine to proper operating condition.
d. Inflate tires to proper pressure.
e. Check to assure proper operation of al/ accessories, gauges, lights, and mechanical features.
f. Focusing of headlights.
g. Cleaning of vehicles, if necessary, and removal of all unnecessary tags, stickers, papers,
etc. DO NOT remove window price sticker or supplied line sheet.
Bid Award Announcement (02-10-0826)
FLORIDA
ASSOCIATION
'~ COUNTIES
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
2003 CHEVROLET SILVERADO 1500
Specification # 18
(1/2 Ton Pickup Truck, 4 x 2)
The Chevrolet Silverado 1500 truck purchased through this contract comes with all the standard
equipment as spechqed by the manufacturer for this model and FSA's base vehick specification(s)
requirements which are included and made a part of this contract's vehicle base price as awarded
by manufacturer by specification by zone.
ZONE: Western Northern Central Southern
BASE PRICE: $13,687.00 $13,623.00 $13,623.00 $13,623.00
While the Florida Sheriffs Association and the Florida Association of Counties have attempted to
identify and include those equipment items most often requested by participating agencies for 1/
2 ton pickup trucks, we realize equipment needs and preferences are going to vary from agency to
agency. In an effort to incorporate ftexibflity into our program, we have created specific add/delete
options which allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist
you in approximating the total cost of the type vehicle(s) you wish to order through this program.
Simply deduct the cost of any of the following equipment items you wish deleted from the base unit
cost and/or add the cost of any equipment items you wish added to the base unit cost to determine
the approximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the
appropriate dealer in your zone when preparing your order. Additional add/delete options other
than those listed here may be available through the dealers, however, those listed here must be
honored by the dealers in your zone at the stated prices.
Champion:
Chevrolet:
536
Engine Horse Power 200 @ 4400
Torque Rating 260 @ 2800
GVWR 6100
EPA Miles Per Gallon Rating 15/20
Engine Horse Power 200 @ 4400
Torque Rating 260 @ 2800
GVWR 6100
EPA Miles Per Gallon Rating 15/20
LEGEND FOR
DELETE/ADD OPTIONS
Every linew/il reqvJre a DOLLAR VALUE
or one of the follow/~g abbreviations:
Std. = manufactur~'sstandardequip.
Incl. = included v~th ba~e specs.
NC = no additional charge
~ not applicable to the vehicle
-- = option not bid by vendor
Bid Award Announcement (02-10-0820)
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Silverado 1500
Champion
Westem
$13,687.00
Sflverado 1500
Maroone Chev.
No~hern
$13,623.00
Silverado 1500
Maroone Chev.
$13,623.00
Silverado 1500
Maroone Chev.
Southern
$13.623.00
Order
Code
M65
5Z4
C42
Delete Options
Western
Provide 5-speed manual $ 1,275,00
transmission ~-ith over-
drive in lieu of automatic
overdrive
Full size spare tire & rim $ 85.00
Air conditioning $ 690,00
Northern Central Southern
8 750.00 $ 750.00 $ 750.00
$ 55.00 $ 55.00 $ 55.00
NA NA NA
Order
Code
LR4
LM7
LS
AU3
K34
7Y9
8BO
Z82/GT4
9S1
LS
CC15753
CC 15743
E62
CC15903
UBO
3K
Add Options Western
Engine: 4,8L V8 $ 695.00
Engine: 5.3LV8 $ 1,495.00
Power windows __
Power door locks $ 162.00
Speed control $ 240.00
Tilt steering wheel NC
Battery, 650 CCA or greater $ 56.00
Dual batteries $ 190.00
Heavy duty towing package $ 575.00*
up to 5000 lbs. with
Class III hitch
*(requires LR4)
Heavy duty towing package $ 625.00*
up to 7200 lbs. with
appropriate hitch
(factory installed)
*(requires LR4)
Passenger dome lamp $ 55.00
Bucket seats in lieu of NC
bench seat
Carpet in lieu of rubber $ 100.00
floor covering
Carpet in lieu of rubber --
floor covering
Extended cab model $ 4,245.00
(4 door)
Crew cab $ 11,886.00
Step side cargo box $ 895.00
[flare slde)
8' cargo box in lieu of $ 300.00
6' cargo box
AM/FM radio with $ 255.00
single CD
Third key $ 14.00
Bid Award Announcement (02-10.0826)
Northern Central Southern
$ 695.00 $ 695.00 $ 695.00
$ 1,495.00 $ 1,495.00 $ 1,495.00
$ 3,553.00 $ 3,553.00 $ 3,553.00
$ 162.00 $ 162.00 $ 162.00
$ 240.00 $ 240.00 $ 240.00
NC NC NC
$ 56.00 $ 56.00 $ 56.00
$ 190.00 $ 190.00 $ 190.00
$ 375.00 $ 375.00 $ 375.00
$ 1,320.00 $ 1,320.00 $ 1,320.00
NA NA NA
NC NC NC
$ 3,553.00 $ 3,553.00 $ 3,553.00
$ 3,739.00 $ 3,739,00 $ 3,739.00
$ ]0,591.00 $ 10,591,00 $ 10,591.00
$ 795.00 $ 795.00 $ 795.00
$ 3O0.0O $ 30O.00 $ 300.00
$ 255.00 $ 255.00 $ 255.00
$ 40.00 $ 40.00 $ 40.00
537
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Sflverado 1500
Champion
Western
$13,687.00
Sflverado 1500
Ma2~oone Chev.
No.hem
$13,623.00
Sflverado 1500
Maroone Chev.
Central
$13,623.00
Sflverade 1500
Maroone Chev.
Southem
$13,623.00
Order
Code
BUA
DF2
1SB
HLF
BS
GG
C4
DSM
Add Options (cont'd)
Backup alarm
Trailer tow mirrors
Limited slip differential
on 2-wheel drive
Manufacturer's model
upgrade pkg.
{please specify pkg. bid)
Manufacturer's model
upgrade pkg.
{please specify pkg. bid)
Tow hooks $ 95.00
Aluminum tool box $ 265.00
Bedliner $ 175.00
Spray-on bedliner $ 495.00
{Rhino or approved
equivalent)
Headlight flashers $ 97.00
Bug shield $ 99.00
Wrap-around grille guard $ 425.00
8000 lb. winch with remote $ 1,479.00'
*{incl. GG)
Class 1V hitch & ball $ 355.00
4-corner strobe system $ 351.00
(Whelen, Federal or
approved equivalent)
Roof-mount amber strobe $ 187.00
beacon {Whelen, Federal
or approved equivalent)
Complete set of shop $ 195.00
manuals ONLY
5/75 Manufacturer's $ 885.00
Extended Base Care
Warranty {80 deductible)
See P~ge 957
5/75 Manufacturer's $ 1,100.00
Extended Extra Care
Warranty {$0 deductible)
5/75 Manufacturer's $ 580.00
Extended Power Train
Warranty ($0 deductible)
Western Northern
$ 89.00 $ 89.00
$ 70.00 $ 70.00
$ 295.00 $ 295:00
$ 2,847.00 --
$ 3,553.00
Central Southern
$ 89.00 $ 89.00
$ 70,00 $ 70.00
$ 295.00 $ 295.00
$ 3,553.00
$ 3,553.00
NC NC NC
$ 325.00 $ 325.00 $ 325.00
$ 249.00 $ 249.00 $ 249.00
$ 499.00 $ 499.00 $ 499.00
$ 350.00 $ 350.00 $ 350.00
$ 95.00 $ 95.00 $ 95.00
$ 800.00 $ 800.00 $ 800.00
$ 1,825.00 $ 1,825.00 $ 1,825.00
$ 475.00 S 475.00 $ 475.00
$ 595.00 $ 595.00 $ 595.00
$ 325.00 $ 325.00 $ 325.00
$ 200.00 $ 200.00 $ 200.00
$ 625.00 $ 625.00 $ 625.00
$ 770.00 $ 770.00 $ 770.00
$ 415.00 $ 415.00 $ 415.00
538
Bid Award Announcement (02.10-0826)
Jesus M. Vieiro
To'
Cc:
Chris Mcarthy; Terry Hill
Paul Wagner; Peter Socci
I have reviewd with Peter So¢ci the specification for the 1/2 ton pickups for the Parks Division. Please review and
comment or lets get together to finalize it.
Garage's proposed specification
Chevrolet Silverado 1500 1/2 ton pickup 4 x 2 ........................................... $13,623.00
OPTIONS
LR4 4.8 L V 8 ...................................................................... 695.00
Class III Heavy Duty Towing Package up to 5000 lbs ........ 375.00
CC15903 8' cargo instead of 6'. ................................................. 300.00
BUA Backup alarm ............................................................... 89.00
DF2 Trailer tow mirrors ........................................................ 70.00
GS0 Limited slip differential ................................................... 295.00
TOTAL $15,447.00
I do not have in my possession at this time the approved budget and consequently do not know at this time the available
funding.
I'm attaching the Florida Sheriff's Association Specification and pricing for the subject vehicle.
Buyer
City of Sebastian
Phone 772*589-0743, Fax 772-589-6880
SE AS
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Appoint a Regular Member
Position to Planning and Zoning Commission
Apl;~oved for/Submittal by:
Agenda No. (~. ~ ~'~ / Li~
Department Origin: City Clerk
Date Submitted: 10/17/02
For Agenda of: 10/23/02
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 term
expiration. This position has been advertised and four applications have been received.
RECOMMENDED ACTION
interview applicants, unless waived, and appoint a regular member position, to expire
11/2005.
APPLICATION TO 8ERVE ON CITY BOARDt~;_O. MMITTEE
HOME ADDRESS: -7:~2. ~--_:-(c~e.l~,~l
HOME PHONE: $~:~_e) '-/0 -~ HOME:FAX:
--,3
::::D
(All City Board and Committee Members Must be Residents of the Ci[y of Sebastian)
A,. ...
E-MAIL:,
BUSINESS: ,,~::~,~,. ~ .,,, "~,c,~,d~ (-,I'll I~'~
BUSINESS ADDRESS: ,,~. 0 "~::,c~. ~.~,.~ ~1o~__.
BUSINESS PHONE:722_ ~-,-~S'~ BUSINESS FAX: 5~..-~5 E-MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? '"-~-'~_
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
PLEASE C~-IECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #I:
__ CHARTER RE~EWCOMMI'n*EE (sen/es only 6 rnonth~ every 7 yearn - meet~ next in 2000)
CmZENS BUDGET REVIEWADVISORY BOARD (temporao/)
CODE ENFORCEMENT BOARD (permanent boa~)
__~pHpHONSTRUCTION BOARD (permanent board)
ANDICAPPED SELF-EVALUATiON COMMITTEE (permanent board)
LANNING AND ZONING COMMISSION (permanent board)
POLICE RETIREMENT BOARD OF TRUSTEES (permanent sta~utoo, board)
PARKS & RECREATION ADVISORY COMMITTEE (tempocery)
TREE & LANDSCAPE ADVISORY BOARD (permanent board)
OTHER TEMPORARY COMMITTEE (if applicable)
0NRITE IN COMMITTEE NAME)
APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach aaparate resume if necessary)
REASONS FOR WANTING TO SERVE ON BOAED OP, COMMIY ~E.E:
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?
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S)
SELECTED ABOVE?
I hereby cert~ that I am ~!ualified to hold the position for which this application is made, Further, I hereby author[z.
the City of Sebastian ta investigate the truthfulness of ell information which I have provided in this apDlicatJon, I
understand that any misrepmsenta-aon o~ omis~[en, of info~rnaticn requested in this application Is cause for
disqualification.
I have been provided with, mad And understand City of Sebastian Code of Ordinances Sections 2-166 Ihroug h 2-173
(attach.d). information relative to a ,p.cffic board or c~m~lable E rsq~
AtN~i~a nt Signature
Subscribed and sworn to before me this day
~,..--.~ as Iden~mtion,
~m~ Public, State of
~I~S:
~w~fo~ppli~t,~d
rev.
known to me, Or has produced
RECEIVED
CiTY OF
OFFtOE OF CITY OL~RK
APPLICATION TO SERVE ON CITY BOARDICOMMITTEF
(All City Board and Committee Members Must be Residents of the Cib/of Sebastian)
NAME:
HOME ADDRESS:
HOME PHONE: 772_ 3~v~'- 3/~ HOME FAX:
E-MAIL:
BUSINESS ADDRESS: ~
BUSINESS PHONE:77 ~3r~-_3/~-~ BUSINESS FAX: E-MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?y~-j- HOW LONG?/Z~/~.
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMIT;TEE?
WHICH, BOA~,RDS/COMMITTEES? ~2' -- J°~'//~)-Z.~/~/)~.~.4~-~-z~/~.../~/2'.~
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 7years -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 COMMITTEE (if applicable)
(WRITE IN COMMI~-FEE NAME)
APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary)
. u, ASONS FOR WANTING TO SERVE ON BOARD, O,E COM MITTEE:
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? /,~//~-~
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.
I have been provided with, read and understand City of Sebastian C~de of Ordi~hces Sections 2-166 through 2-173
(attached). Information relative to a specific board or comm~ble, j.tJ~cluested.
befor Ap~. nt Signata~//'~1~/~5. -..--
.S/)ubs/c~ribed a~d~ ,s~vorn t? e me this' ~ day of ~kJ) , c~ ;~::~, by
~~ ~//~)~ , who is personally known to me, or has produced
~ ~ ~ ~ ~ . as identifi~tion.
~.~ EXP RES June 18,2~
\wp-form~a pplicat.wpd
my. 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 Qn 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: AAllocco~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 Electrician 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 Electrician #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 I of 3
1973 Certificate of Competency as a Master Plumber #562 issued by the Suffolk
County Department of Labor, Suffolk County, New York.
1974 Private Pilot License, Single Engine, Land from the Federal Aviation
Administration.
1975 Journeyman Plumber's License # G08474 issued by the Dade County Building &
Zoning Department, Miami, Dade County, Florida.
1975 Journeyman Electrician's License #G16337 issued by the Dade County Building
& Zoning Department, Miami, Dade County, Florida.
1976 Certificate of Competency as a State of Florida General Contractor issued by the
State of Florida, Construction Industry Licensing Board.
1976 Certified State General Contractor's License # CGC 010724 issued by the State of
Florida Construction Industry Licensing Board.
1977 State of Florida Real Estate Salesman's License #0167709 issued by the State of
Florida Real Estate Commission.
1977 Certificate of Competency as a State of Florida Roofing Contractor issued by the
State of Florida Construction Industry Licensing Board.
1977 Certified State Roofing License gCC C012378 issued by the State of Florida
Construction Industry LicensIng Board.
1977 Certificate of Competency as a State of Florida Mechanical Contractor issued by
the State of Florida Construction Industry Licensing Board.
1977 Certified State Mechanical Contractor's License #CMC 011653 issued by the
State of Florida Construction Industry Licensing Board.
1978 Certificate of Competency as a Master Plumber issued by the Dade County
Department of Building & Zoning, Miami, Dade County, Florida.
1978 Master Plumber's License gCC 12287 issued by the Dade County Department of
Building & Zoning, Miami, Dade County, Florida.
1978 Certificate of Competency as a Master Electrician issued by the Dade County
Department of Building & Zoning, Miami, Dade County, Florida.
1978 Master Electrician's License # CC 12287 issued by Dade County Department of
Building & Zoning, Miami, Dade County, Florida.
1978 Certificate of Competency as a Master Plumber issued by the Dade County
Department of Building & Zoning, Miami, Dade County, Florida.
Page 2 o'~ 3
1978 Master Plumber's License gCC 12287 issued by the Dade County Department of
Building & Zoning, Miami, Dade County, Florida.
1978 Certificate of Competency as a Master Electrician issued by the Dade County
Department of Building & Zoning, Miami, Dade County, Florida.
1978 Master Electrician's License # CC 12287 issued by Dade County Department of
Building & Zoning, Miami, Dade County, Florida.
1980 Certified State Commercial Swimming Pool Contractor's License # CP C016138
issued by the State of Florida Construction Industry Licensing Board.
1980 Certificate of Competency as a State of Florida Commercial Swimming Pool
Contractor issued by the State of Florida Construction Industry Licensing Board.
1980 Registered State Electrician's License # ER 0007215 issued by the State of Florida
Construction Industry Licensing Board.
1980 Registered State Plumbing Contractor's License # RF 0036662 issued by the State
of Florida Construction Industry Licensing Board.
1982 Certified State Electrical Contractor's License # 0000525 issued by the State of
Florida Construction Industry Licensing Board.
1982 Certificate of Competency as a State of Florida Electrical Contractor issued by the
State of Florida Constmction Industry Licensing Board.
1987 Licensed by the United States Coast Guard as Captain of Motor Vessels - Ocean
Operator.
1988 Licensed by the State of Florida Department of Health and Rehabilitative Services
as a Certified Radon Measurement Specialist - License No. R0042
1988 Professional Engineer's License # 39381 issued by the State of Florida
Department of Professional Regulation - Board of Professional Engineers.
1988 Licensed by the State of Florida Department of Health and Rehabilitative Services
as a Certified Radon Mitigation Specialist - License No. R0219
1989 Licensed by the State of Florida Department of Professional Regulation as a
Certified Asbestos Consultant
1990 Licensed by the State of Florida Department of Professional Regulation as a
Certified Asbestos Contractor
2002 Licensed by the State of Florida Department of Professional Regulation as a
Certified Plumbing Contractor.
Page 3 of 3
RECEIVED
CiTY OF SEBASTIAN
OFFICE OF CITY CLERK
!0
APPLICATION TO SERVE ON CITY BOARD/COMMITTI~F
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME:
HOME ADDRESS: \.%~ /~, ~'~.e,r ~,
HOME PHONE: ~-7~ HOME F~: ~.4~ E-MAIL:
BUSINESS:
BUSINESS ADDRESS:
BUSINESS PHONE: BUSINESS F~: E-MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~
HOW LONG?
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 ever7 7 years - meets next in 2006)
CITIZENS BUDGET REVIEWADVISORY BOARD (temporary)
CODE ENFORCEMENT BOARD (permanent board)
CONSTRUCTION BOARD (permanent board)
HANDICAPPED SELF-EVALUATION COMMll-['EE (permanent board)
"F'--~f~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 COMMIq-rEE (if applicable)
(WRITE IN COMMITTEE NAME)
t_APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary)
REASONS FOR WANTIN~G TO SERVE ON BOARD OR COMMITTEE: ~
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~ 'G
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S)
SELECTED ABOVE? ~ 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 truthfulness of all information which.. ~ have provided in this application. I
understand that any misrepresentation er emission of information requested in this application is cause for
disqualification.
i have bean provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). Informalioa relative to a specific board or commie is availabi~if requeste~
ApplicanJ"Sigr~tu rd -
ill~.~. ?~m~'~--/-~-~ ...... ~ ......... , ~,,..,, ,. ,,,., er has produced
\wp-form~,applicat.wpd
rev. 5/2002
All City Board and Committee Members Must be Residents of the City off
HOME ADDRESS: / ~-~
HOrn PHONE:
BUS~'
BUSINESS ADDRESS:_~-
BUSINESS PHOI~,~BUSINESS FAX: ~ ~ E-MAIL:~----------
~¥OUAREGIST~DVOTER? '~_~ ~ VOTERREO.~O. ~/~?~
DO YOU CUP. RENTLY HOLD ANY PUBLIC OFFICE?
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF
PREFERENCE Wi'fH FIRST CHOICE BEING #1:
BOARD OF ADJUSTMENT ~/c']-C~-~' ~-..-~
CITIZENS BUDGET REVIEW ADVISORY BOARD
'co~c~o~C°~°~c~°~~o~ ~*/~ ~ f~ .~
HANDICAPPED SELF-EVALUATION COMMI'i-i'EE
PLANNING AND ZONING COMMISSION
RECREATIONAL ADVISORY BOARD
TREE ADVISORY BOARD
OTHER TEMPOKARY COMMITTEE /
(WRITE IN COMMITTEE N~
~.~-:'.~LIC~E EDUCATION AND/OK EXPEP, IENCE: (attach scpar~m resume if n~c~ssary)
REASONS FOR WANTING TO SERVE ON BOARD OR COM]VIITTEE:
LIST ANY ADDITIONAL QuALIFIcATIONS TO SEKVE ON BOA.KD OR COM]VffTTEE:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS O1{ ANYSTATE? /~
HAVE YOU ~VEN BEEN CONWCTED OF ANY M~SDEMEANOR ~NVOLVINO MORAL /~ O
TURPITUDE ]lq ~ OR ANY STATE?
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONB(S) SELECTED
ABOVB? /~_f
I he.r~by certify that I am quaRfi~ to hold thc position for which this application is made. Further, I hereby
authmq, zc th~ City of Sebastian to inv~stigato thc truthfulness of all information which I have provid~l in this
application. I understand that any misrepresentation or ommi.sion of information rcqucstexi in this
application is cause for disqu.lifi~ation
I have b~n provided with. ~ and understand City of Sebastian Code of Ordinances S~tions 2-166 through
2-173 (attached). Information relative to a spe, cific board/o~ ~ availab~-4u~ste~
Applicant $!gnamr~ ~,_,./~
wh~o is p,rsonally known ~ m_~c, or has producexl
as i&ntification.
;~99
rfP/OF
HOME OF PELICAN ISLAND
OCTOBER 3, 2002
PRESS RELEASE
PLANNING & ZONING COMMISSION
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO Fll I~ A REGULAR
MEMBER POSITION ON THE COMMISSION WITH A TERM TO EXPIRE 11/2005.
IN THE EVENT CITY COUNCIL APPOINTS AN ALTERNATE MEMBER OF TI-US
BOARD TO THE REGULAR MEMBER POSITION, AND THERE ARE OTHER
APPLICATIONS FOR THE REGLrLAR MEMBER POSITION, CITY COUNCIL CAN
AUTOMATICAl J ,Y APPOINT ONE OF THE OTHER APPLICANTS TO THE
ALTERNATE POSITION.
QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN.
THIS COMMISSION 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 HAl J.,
1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND
4:30 PM AND WIIJ. BE ACCEPTED THROUGH WEDNESDAY, OCTOBER 16TH,
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. Appointed to Unexpired Alternate Member
350 Watercrest Street Position
Sebastian, FL 32958 Vacated by Clarence Barton: 5/23/2001
388-5453 Term to Expire: 11/1/2001
Appointed to Regular Member Position
Vacated by Kelly Mather: 10/24/2001
Term to Expire: '~11112004
Is in 1'~ Full Term and l~ Regular Member
year
Lisanne Monier Appointed Unexpired Alternate
1125 U.S. Highway I member Position Vacated by Verge:
Sebastian, FL 32958 8/8/2001: Term to Expire: 1/1/2002
581-2626 Reappointed Alternate Member: 1/23/2002
Term to Expire: 1/1/2005
Appointed Regular Member Position of
Jean Vesia: 3/27/2002
Term to Expire: 411/201]5
1'~ Full Term - 1't Regular Member Year
Charles C. Barrett, Jr. Appointed Unexpired Regular
357 Tunison Lane Member Position Vacated by Fischer.
Sebastian,' FL 32958 1/27/99 - Term to Expire: 5/1999
589-7755 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
William Mahoney Appointed to Alternate Member
207 Delaware Avenue Position Vacated by Shirley Kilkelly:
Sebastian, FL 32958 11/18/98 - Term to Expire: 11/1/2001
589-8524 Appointed to Regular Member Position
Vacated by Pliska: 1/12/2000
Term to Expire: 2/1/2002
Reappointed Regular Member: 2/1312002
Term to Expire: 21'~12005
Is in ~ Regular Member Year
Richard S. Smith Appointed to Alternate Member Position
787 Carnation Drive Vacated 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: 611/2003
Is in 1st Regular Member Year
89
Sheri L. Reichert Appointed to Alternate Member Position
772 Cavern Terrace Vacated by Emil Svatik: 10/24/2001
Sebastian, Florida 32958 Term to Expira:1111/2004
388-1911 Appointed Unexpired Regular Member
Position Vacated by Jean Carbano:
6112/2002
Term to Expire: 61112004
Is in 1st Regular Member Year
Gene A. Rauth Appointed to Alternate Member Position
732 Cleveland St, B-15 Vacated by
Sebastian, FL 32958 Carbano: 1/10/2001 Term to Expire: 1/1/2002
388-9403 H Appointed Regular Member Position Vacated
by O'Donnell: 5/9/2001
· Term to Expire: 1112002
Is in 14 Regular Member Year
Norman Blessing Appointed Unexpired Alternate Member
729 Horizon Terrace Position Vacated by Shed Reichert:
Sebastian, Florida 32958 6/12/2002
589-1185 Term to Expire: 111112004
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: 11112005
Staff Liaison - Growth Management Director
Board Secretary - Dorri Bosworth
90
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Appoint Two Alternate Member
Positions to Tree and Landscape Advisory
Board
Approved for Submittal by:
Agenda No. ~)2
Department Origin: City Clerk
Date Submitted: 10/17/02
For Agenda of: 10/23/02
Exhibits: applications, ad, member list
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The Tree and Landscape Advisory Board has two alternate member positions open due
to term expirations. These positions have been advertised and four applications have
been received. Both alternate members are eligible for re-appointment.
RECOMMENDED ACTION
Interview applicants, unless waived, and appoint two alternate member positions, both t¢
expire 11/2005.
APPLICATION TO SERVE ON crrY BOARD/COMMITTEE
(Ail City Board and Committee Members Must be Residents of the City of Sebastian)
~AME: William F Creamer
[OMEADDRESS: 738 Benedictine Terrace, Sebastian Fla
HOMEPHONE: 581 -4766 HOM~ FAX: None E-MAIL:
3USDCESS: Retired
BUSINESS ADDRESS:
BUSINESS PHONE: BUSINESS FAX: E-MAIL:
ARE YOU A REGISTERED VOTER? Ye s VOTER REG. NO.
HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? 5 months
DO YOU CLrlLRENTLY HOLD ANY PUBLIC OFFICE.'? No
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES? No
PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER
OF pREFERENCE WITH FIRST CHOICE BEING #1:
2
CHARTER REVIEW COMMITTEE (serves only 6 months every ? years)
CITIZENS BUDGET REVIE~q ADVISORY BOARD
CODE ENFORCEMENT BOARD
CONSTRUCTION BOARD
HANDICAPPED SELF-EVALUATiON COMMITTEE
PLANNING AND zONING COMMISSION
POLICE RETIREMENT BOARD OF TRUSTEES
pARKS & RECREATION ADVISORY COMMITTEE
TREE & LANDSCAPE ADVISORY BOARD
OTIq~R TEMPORARY COMMITTEE
(WRITE IN COIv[MITTEE NAME)
APPLICABLE EDUCATION AND/OR EXPEP~NCE: (attach separate resume if necessary)
four years o_ Hzgh ~chool, 10 years of college (Attached
resume will explain).
REASONSFOR WANTING TO SERVE ON BOARDER COMMITTEE:
I worked and owned a horticulture business and I love
landscaping and tree work. I love Sebastian and it
would be an honor to do something for this city. I want
to get to know people in my retirement. I have no financial
view in w~ntin~ tc got on this bcmrd.
~STANYADD~IONALQUALI~CA~ONSTOSERVBON BOARD OR COMNKTTEE:
Iworked as Director of Recreation for New Brunswick N.J.
I was a field worker for the State Recreation Board of
N.J. I also was a member of the National Rec Assoc.
! built parks, playfiel~ amd landscaped many playfields.
~L~VE YOU EVEK BEEN CONVICTED OF ANY FELONY IN THIS OR AhTT STATE?
No
HA~"E YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOL~G MOPJkL
TURPITUDE IN TI-gS OR ANT STATE?
wOULD YOU CONSIDER SERVING ON A BOAILD OTHIER THAN THE ONE(S) SELECTED
ABOVE? N o.
I hereby certify that I am qualified to bold the position for which this application is made. Further, I
hereby authorize the City of Sebastian to investigate the tmflffulness 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-I73 (attached). Information relative to a specific board or committee is available if requested.
Applicant Signature
Subscribed and sworn to before me this /q day of ~ , c~90=71., by
/']/~,'ff,~-~ :~£~'~' ,who is~son~ ~o~, or h~ produced
~ O ~ ~ a~ identification.
No~ Public, ~ of Flori~
\wp-formkapplicat.wpd
rev. 3/2002
EDUCATZON: Completed four years of High School
at St. Peter's, New Brunswick, N.J.
Completed four years of College at
Seton Hall University~ South Orange, N.J.
Completed my first M/A at Trenton State
Teacher's College Ewing T~p, outside of
Trenton, N.J.
Completed two Years toward My Doctorate
at Florida Atlantic University. FAU is
located in Boca Raton, Florida.
NOTE:
If it is necessary, I will complete dates
on all my schools.
WORK EXPERIENCES:
! worked as Asst Director of Recreation
for the City of New Brunswick while attending
Seton Hall College. ! worked for four years
during the summers and winter evenings. 19~5-~9
I became a field agent for the State Recreation
Bureau 1950 to 55~ I worked with people in
setting up recreation programs in different
cities and I also worked with people in
buildinE parks and playgrounds. I became
the Director of Recreation for East Brunswick
Twp ...1956 to 1962. In 1962 I became
Director of Athletics~ basketball & Baseball
& soccer coach at a new Prep school .... Notre
Dame Prep in Lawrenceville~ New Jersey.
I~enjoyed this position in teaching & coaching
as I built a large stadium and fields for all
sports. In 1970, my family and I decided
to move to Florida. I secured a position
at Boca Baton Middle School. I taught & coached
and after $ years I became Assr Principal and
then I became the Principal of the Night school
Program. I helped build fields and worked with
the City of Boca Raton in other park projects.
This was very rewarding and I retired in 1993.
HORTICULTURE WORK:
During my coaching & teaching career in
New Jersey i owned with another person
a Horticulture business for eight years.
APPLICATION TO SERVE ON CITY BOARD/COMMITTEF
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME:
HOME ADDRESS:
HOME PHONE: ..,5'~,~ ~ ~ ~ HOME FAX:------..---.
E-MAIL:
BUSINESS:
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?
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI~-FEE?
WHICH BOARDS/COMMITTEES?
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 REVIEW ADVISORY 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~-rEE (if applicable)
(WRITE IN COMM[~-FEE NAME)
APPLICABLE EDUCATION AND/OR EX~PERIENCE: (attach separate resume if necessary)
REASONS FOR WANTING TO SERVE ON BOARD OR COMMI~EE: ~.~
LIST ANY ADDITIONAL ~UALIFIOATIONS TO SERVE ON BOARD OR OOMMI~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 ORANY STATE? ~
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S)
SELECTED ABOVE? "'i~
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 Sebastian.;ode of Ordinances Sections 2-166 through 2-173
(attached). Information relative to a specific board or commi.~i..~avail§ble if [~tlu~ted,
N~ta~ Public, State of
APPLICATION TO SERVE ON CITY BOARD/COMMITTEF
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: Henry G. Madsen mo
HOME ADDRESS: 525 Saunders Street, Sebastian FL 32958
HOMEPHONE:772-388-O135 HOME FAX: 581-4288 E-MAIL: na
BUSINESS: Landscape Architect
BUSINESS ADDRESS: same
BUSINESS PHONE: same BUSINESS FAX: same E-MAIL: na
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG?
Yes 6 years
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
No ,.~:
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
No
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (sen/es 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 COMMITrEE (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)
PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary)
BSBA from University of Florida, State of Florida Licenses
as Salesperson, Real Estate (Inactive) and Registered Land-
scape Architect (Active), Member of American Society of Land-
scape Architects
REASONS FOR WANTING TO SERVE ON BOARD OR COMMF[-I-EE:
Public Service
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI'FI'EE:
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?
No
I hereby cer[ify that I am qualified to hold the position for which this application is made. Fur[her, 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 Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). information relative to a specific board or comm_'~ is available if requested.
be'~nd sworn tO..~me this -~'~day of~k.~;~.~* , ~.~, by
~ ;,~//z"/,,~,~',~ ./, ~--._,-~'--.-~-- ........ --'~.~ ...... ' ,,,,., or has .~oduce~
~ ~~30~ as identification.
7'- ~/ ~- .- , .........
=ublic, ~te of Flor~a/ ][~ ~ ~% ~ OOMBISSl0N ~ DP ~9~1
/ II~'~:i EXPIRES: Mamh 18,
\wp-form~applicat.wpd
rev. 5/2002
APPLICATION TO SERVE ON CITY BOARD/COMMr
(All City Board and Committee Members Must be Residents of the Cit
Bus
BUSINESS ADDRESS:/
.... .-~"~'~---- E-MAIL:-
BUSINESS PHON~,L/ BUSINESS FAX: ,.
HOW LONG RAVE YOU BEEN A RESIDENT OF SEBASTIAN?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
DO YOU PKESENTLY SERVE ON ANY OTIZ~R CITY BOARD OR COMlVll'r'ri/E?
PLEASE CI-IECK THE BOARDS ON WHICH YOU ARE INTEREST.up IN SERVING IN ORDER OF
PREFERENCE WITH FIRST CHOICE BEING gl:
BOARD OF ADJUSTMENT
CI-IA~I~-<. REVIEW COlVIMI'I-f.~2~ (~¢~WCS orl~y 6 months cvc~y 7 yem~)
CI~S B~GET ~W ~mSORY mO~
CODE ~ORCE~ BO~ / ~f~'~ ~ ~7~
CONS~UC~ON BO~
~IC~P~ SELF-EV~UA~ON CO~
P~G ~ ZO~G CO~SSION
POLICE ~~ BO~ OF TKUS~ES
~C~ON~ ~SOKY BO~
~E ~SOKY BO~
O~K ~O~Y CO~ir~
REASONS FOR WANflNO TO SERVE ON BOARD OR COMlvIITTBE:
LIST Alq~f ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COivINflT'f£E:
I-IA~'E YOU EVER BEEN CONVICTED OF ANY FELONY ]lq THIS O1~ ANY. STATE?
I-LAVE YOU EVEN BEEN CO]'qVICI'~:~3 OF ANY MISDEMEANOR INVOLVING MORAL /~7 fy
TUF. PITUDE/N TI-IlS OF. ANY STATE?
WOULD YOU. CONSIDER SBRlqlqG ON A BOARD OTI-IBR THAN TI-lB ONE(S) SELECTED
I h~r~by crucify that I mm qnslifi~l to hold th~ position for whi& th~s application is made. 1~urthet, I h~rcby
authorL~ th~ City of Sebastian to inve~gat~ th~ w,thfiilncss of all iaformafion which I have provided in ~
applioafion. I tmdm~tand Gat any misrepresentation or ommi~sion ofin/ormation mqu~st~i in this
applic~Jon is caus~ for dL~qualLfication
I trove be~m provided v~ith, mad and uad~mnd City of $:ba~tian Cod~ o~ Ordinantms Sections .2-16 6 through
2-173 (att~ch~xl). Information relative to a spe~Rfic board~gr~tmi ~_ is av~jl~qu:s~exl
~ is p~rsonally known ¥o_ m~, or has produced
as id=ntification.
CffY O~
HOME OF PELICAN ISLAND
AMENDED
OCTOBER 4, 2002
PRESS RELEASE
TREE AND LANDSCAPE ADVISORY BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FII.I. TWO
ALTERNATE MEMBER POSITIONS ON THE BOARD WITH A TERM TO EXPIRE
11/2005.
IN THE EVENT CITY COUNCIL APPOINTS AN ALTERNATE MEMBER OF THIS
BOARD TO THE REGLrLAR MEMBER POSITION, AND THERE ARE OTHER
APPLICATIONS FOR THE REGULAR MEMBER POSITION, CITY COUNCIL CAN
AUTOMATICAl LY APPOINT ONE OF THE OTHER APPLICANTS TO TIlE
ALTERNATE POSITION.
QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN.
THIS BOARD MF~.TS ON THE FIRST MONDAY 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 WIIJ. BE ACCEPTED THROUGH WEDNESDAY, OCTOBER 16TH,
2002.
TREE AND LANDSCAPE ADVISORY BOARD
3 YEAR TERMS
MEMBER NAME AND APPOINTMENT HISTORY
ADDRESS
Cathy L. Fulton Appointed Regular Member Term
249 Easy Street Vacated by Shirley Kilkelty: 7/14/99
Sebast~an, Florida 32958 Term Expires: 4/2001
388-0570 Home Reappointed Regular Member: 4/11/200'~
Term to Expire: 4~2003
Charles D. Cardinale Appointed Regular Member: 4/98
474 Thomas Street Term to Expire: 4/2000
Sebastian, Florida 32958 Reappointed Regular Member: 4/26/2000
589-4892 Home Term to Expire: 4/2002
Reappointed Regular Member:
3/27/2002
Term to Expire: 4~2005
Anne Dann Appointed to Regular Member Position
826 Robin Lane Vacated by Clay Fielding: 12/15/99
Sebastian, FL 32958 Term to Expire: 4/2001
888-3440 Reappointed Regular Member: 4/11/2001
Term to Expire:4/2003
Lynn Albury Appointed to Regular Member Position
1666 Seahouse Street Vacated by Dan Hedan: 12/15/99
Sebastian, FL 32958 Term to Expire: 4/2000
589-0037 Reappointed Regular Member: 4/26/2000
Term to Expire: 4/2002
Reappointed Regular Member:
3/2712002
Term to Expire: 4~2005
Ruth Davies Appointed to Regular Member Position
497 Lloyd Street Vacated by Virginia Gordon: 12/15/99
Sebastian, FL 32958 Term to Expire: 4/2001
589-3687 Reappointed Regular Member: 4/11/2001
Term to Expire: 4~2003
William F. Creamer Appointed Alternate Member Unexpired Term of
738 Benedictine Terrace Tergeoglou-Bell:: 5/8/2002
Sebastian, Florida 32958 Term to Expire: 11/2002
581-4766
91
Henry G. Madsen
525 Saunders Street
Sebastian, Florida 32958
388-0135
Appointed Alternate Member Position
Vacated by Larry Birchmeyer: 7110/2002
Term to Expire: 1112002
BOARD SECRETARY - Jennifer Maxwell
City of Sebastian, Florida
Subject: Bid award Dickerson Florida -CR
512 Alleyway Improvements
~ppro.v/ed for Submittal by:
enda 2Aq
Oepartmen~ E~....n~'n eering
Dept. Head:.
Finance: t~ ~o~_~
General Services:
Date Submitted: 10/16/02
For Agenda of.' 10/23/02
Exhibits: Bid Tabulation
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: $282,018.77 $117,544. REQUIRED: $ 207,680
SUMMARY
Sealed bids were solicited and received for the CR-512 Alleyway improvements. One
bid was received from Dickerson Florida Inc. in the amount of $282,019 which is close
to and consistent with the engineers' estimate done prior to the bid. We have reviewed
the bid, find Dickerson to be a responsible bidder, and recommend award to Dickerson
at this time. The additional funds will be taken from the Capital Improvement Projects
unappropriated contingency funds.
RECOMMENDATION
Move to authorize staff to appropriate funds and award the contract for the 512
Alleyway improvements to Dickerson Florida Inc in the amount of $282,018.77.
BID TABULATION FORM
SEBASTIAN HIGHLANDS ALEEYINAY IMPROVEMENTS
BID OPENING: 10/15/02
PROJECT DESCRIPTION DICKERSON FLORIDA INC.
STUART FL
Reconstruction of Alleyway and $282,018.77
drainage improvements
The Engineer's estimate prepared by KIMLEY-HORN and Associates is $ 275,784
~ P~asing
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Ordinance No, O-02-15 - Parks
and Recreation
~ubmittal by:
Agenda "o. C~_~, ~,.~ i
Department Origin.' City Clerk ~
Recreation D~t.___~ ~
Date Submitted: 10/17/02
For Agenda of: 10/23/02
Exhibits: Proposed Ordinance No. O-02-15
Expenditure Required: Amount Budgeted: Appropriation Required:
SUMMARY STATEMENT
In light of the fact that the City now has its own Recreation Department, administration of the
permit application process for City recreational facilities and parks will move from the City
Clerks' Office to Recreation under the authority of the City Manager. City Clerk staff, City
Manager, Recreation staff, and Building Maintenance staff,*.recently met to review these
changes. Despite the fact that you adopt.,ed an amendment to Chapter 74 of the Code of
Ordinances relative to Parks and Recreati0~i in 2000, we are bringing you a new amending
ordinance which reflects that change in administration. The ordinance has been reviewed
by the City Attorney and he concurs with it. It was difficult to present the ordinance in
legislative format due to the number of changes, therefore, I request that you refer to
Chapter 74 of your Code of Ordinances for comparison.
A new resolution is also presented at this meeting which coincides with this new ordinance.
It is not necessary to wait for final adoption of the ordinance to adopt the resolution since
there is no conflict with what is currently in the code.
RECOMMENDED ACTION
Move to pass Ordinance No. O-02-15 on firstreading and seta public hearingfor November
13,2002.
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 TH E 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 all 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. Designation 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; promulgation 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 Recreational
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.
2
(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 sell 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 return of the
watemraft it has transported.
(b) $ignage. 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) Parental liability. Parents shall be held liable for conduct of their minor children."
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:
(4)
(2)
or fish.
(3)
docks.
(4)
(5)
Dive or jump into the water from such facility.
Use railings or benches on piers or dverwalks for cleaning or cutting bait
Push, propel or ride bicycles, scooters, skates or skateboards on piers or
Fish with more than two lines or potes at one time on piers or riverwalks.
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 approvat
may be set out by resolution of the City Council."
Section 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-complianca 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 City Manager."
Section 11. CONFLICT.
are hereby repealed.
All ordinances or parts of ordinances in conflict herewith
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 Councilmember
Mayor Walter Barnes
Vice-Mayor James Hill
Councilmember Joe Barczyk
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, 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 Ordinance No. O-02-16 Cemetery
Rules and Regulations
Agenda No. (.~'Z ~ !/~_~
Department Ori~.' City Clerk~/-~'~
Public Work~,~/
Date Submitted: 10/15/02
For Agenda of: 10/23/02
Exhibits: Ordinance No. O-02-16
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
Ordinance No. O-02-16 is presented to amend certain provisions of Chapter 34 relative
to the Sebastian Municipal Cemetery.
City Council, on May 22, 2002, considered a request for a cemetery marker which exceeded
the size allowed by the existing code; and, following a motion to approve the request, you
directed the City Attorney to come back with an amending ordinance.
Upon review of the code and that of other municipalities' codes, it was found that our
language was not "archaic" and in fact, pretty much tracked what other municipalities were
doing. There were certain areas of the code that needed some amendment based on
current practices and better methods, but we discovered as we reviewed our language that
the regulations in place protect us from having to use discretion. It is best to have certain
things strictly regulated to maintain a consistency. In addition, the sale and regulation of
cemetery lots is a sensitive issue and sometimes it is better to have firm regulations in place
to provide to people rather than going back and forth over what can or cannot be done.
We did include a provision that allows for some discretion in installing a larger marker for a
family owned group of six or more adjacent lots, which is the issue that raised the concern
May.
RECOMMENDED ACTION
Move to pass Ordinance No. O-02-16 on first reading and schedule a public hearing for
November 13, 2002.
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 SEVERABILI'FY; 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, "- *"" "~* ..... * ~' ...... '~ "- "~"""" """ .... ~'
"""*"" c' "*~' ..... *~'"';"~'~ ~*" cm~!c~,'cc thc.", 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 al_l interment sites, aocurtenances, 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 usedw."""'.., 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 sinole niche.
(d~ Double Niches. Only UD to two cremains interments shall ~ 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 sinole niches in unit 4 and double niches in unit 3 shall
be determined and reaulated bv the Cemetery Sexton or his desigl3~e."
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, serial 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
historic nature of Units 1 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'
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 only_.._~"'~ _.v .... _..v..v_" ..... '~ v...j""~"
oP. c'3''~'''~ -"' "o, ~,~,~ ,~, v ~n, ,.~*,,,. /~, .......... '~ '"'"'~ .... ~^' . ....... ~ 4 x
~ 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
adiacent to one another, the Cemetery Sexton, at his discretion, may allow a
larqer 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 budal. 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. Inscdption. The bronze marker shall include the full name, date of birth and
death of the decedent.
b. V{~{~s. If desired, all costs for vases and rinos will be incurred bv the
niche oWner.''
3
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.
"No more than two bouauets of artificial or fresh flowers will be allowed at any
aravesite. 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" deeD. 6" wid~
and 24" Iona mav remain in place unless broken or in decre0it condition, No wires shall be
allowed to hold flower arrangements permanently in place at the interment site. Blankets are
allowed to be olaced odor to any holidav but must be removed within ten davs followina the
holidav."
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 durin(] holidays Qr ~pecial
occasions and can remain for a maximum Qf ten
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. 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 and unconstitutional provision, thereby causing said remainder to remain in full
force and effect.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
final passage.
4
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:
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, CMC
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 hearing this Ordinance was passed by the City Council.
Sally A. Maio, CMC
City Clerk
Approved as to Form and Legal Suffiency for Reliance
By the City of Sebastian Only:
Rich Stringer
City Attorney
5
AGENDA TRANSMITTAL
Subject: Solid Waste Referendum
Ordinance
Department Origin:
General Services~
Date Submitted: October 17, 2002
For Agenda of: October 23, 2002
Exhibits: Ordinance No. 0-02-17
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: N/A N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The attached Ordinance No. 0-02-17 provides for certain services pertaining to the collection and
disposal of garbage, trash, rubbish, or other refuse within the City limits and authorizes placement
of same to a vote as a public referendum, requiring that all improved property in the City
uniformly receive, and be charged for, garbage collection service, for which a "Yes" vote or a
"No" vote will be the two possible choices for voters to chose from.
RECOMMENDED ACTION
Move to pass Ordinance No. 0-02-17 on first reading and set a public hearing for November 13,
2002.
ORDINANCE NO. 0-02-17
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
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
WFIEREAS, 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
Wl~EREAS, 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 THE
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 mr2r2r2n ~.~n~ c~:rat: :. zz:~.%a orovid~e for the collection and
disposal of garbage, trash, rubbish, or other refuse within its corporate
limits. Said service shall be nrovided on a unifom basis, and the costs
thereof shall be assessed/chart,ed to each imnroved nronertv within the qity
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 public
referendum on the March 11, 2003 ballot:
Shall Ordinance 0-02-17, requiring that all improved property in the CiO;
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
Councilmember Edward J. Majcher, Jr.
Councilmember Ray Coniglio
The Mayor thereupon declared this Ordinance duly passed and adopted this 13th 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:
R/ch Stringer, City Attomey
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Resolution No. R-02-46- Board
Appointment Procedures
Approved for Submittal by:
Agenda No.
Department Origin: City Clerk
Date Submitted: 10/15/02
For Agenda of: 10/23/02
Exhibits: Proposed Resolution No. R-02-46, current resolution
Expenditure Required: I Amount Budgeted:
I
Appropriation Required:
SUMMARY STATEMENT
The City Clerk's Office recently reviewed its various procedures for upgrading.
Following our review of the existing board procedures resolution, we would like to
recommend some changes which better reflect a more streamlined process for
appointments.
The extent of the changes does not easily allow for the resolution to be presented to you
in legislative format, therefore, I have Provided a copy of the existing resolution for
comparison.
RECOMMENDED ACTION
Move to adopt Resolution No. R-02-46.
RESOLUTION NO. R- 02-46
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS;
ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING 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.
WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted
pursuant to its authority allow the creation of appointive boards to assist and advise the City Council in the
performance of its duties; and
WHEREAS, the City Council desires to establish procedures for appointment to such advisoPj' boards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. ADVERTISEMENT, APPLICATION, AND APPOINTMENT PROCEDURES.
Twice a year advertisements shall be published in a newspaper of general cimulation setting
for'th a list of all city boards and committees, special qualifications necessa~/for membership
and the city telephone number to call for additional information.
The City Clerk shall keep and maintain a list of the names, addresses, and telephone
numbers of all members of appointive boards, commissions, and committees; their date of
appointment, reappointment, and term expiration.
One month prior to the expiration of the term of any member of an appointive board,
commission, or committee, or in the event of any vacancy on any such appointive board,
commission or committee, the City Clerk shall advertise the position in accordance with
Section 2-169 of the Code of Ordinances, in the form of a press release. The press release
shall include a deadline date for submittal of applications for such advertised opening, and
language indicating City Council's intent to reserve the right to immediately fill a vacancy in
an alternate member position in the event an alternate is moved into the regular member
position, if there are other eligible applicants for the regular position. All applications on file
for membership on such board, commission or committee which were submitted within the
one year period prior to the advertisement deadline date for such opening will be submitted
to the City Council for consideration, even if the incumbent member or a board alternate
intends to seek reappointment.
A uniform application which shall be completed by each individual seeking appointment to a
board, commission or committee shall be provided by the City Clerks' office. Each applicant
shall file a complete application which is signed and dated by the applicant and notarized.
Each applicant shall attest to the truthfulness of the information on the application.
Pursuant to Section 2-168 of the Code, the City Clerk shall keep each application on file for a
period of one year from the date of its submittal. Any preference of the applicants to serve
on a particular board or committee shall be so stated on the application form. Applicants
who have stated a preference for a particular board and for which an application remains on
file in the City Clerks' office will be notified by mail that their application will be submitted for
consideration any time a position opens on that board for which they are qualified.
The City Clerk shall timely inform the City Council and City Manager of any changes made to
the composition of any appointive board, commission or committee; and shall timely notify
the Supervisor of Elections for Indian River County by letter of any changes in the
membership of any boards, commissions, or committees which are required by Florida [aw
to file financial disclosure.
The City Clerk shall provide each new appointee with a copy of the publication entitled
"Florida Commission on Ethics Guide for Political Officers and Employees", pertinent
excerpts of the City Board Handbook; and, if applicable, a financial disclosure form with
instructions to mail the form to the Supervisor of Elections for Indian River County and
information relative to the requirement to file final financial disclosure upon leaving the
position.
The City Clerk shall schedule presentation of Certificates of Appreciation by the Mayor at
Regular City Council meeting for all former members of boards, commissions or
committees, and notity them accordingly.
2
Section 2. RESIGNATION.
Any member of any appointive board, commission or committee who does not intend to seek
reappointment shall notify the City Clerk and the chairperson of such board, commission or
committee at least one month in advance of the expiration date of his or her term of office.
If applicable, members of any appointive board, commission, or committee who were
required to file financial disclosure will be provided with a final financial disclosure form for
mailing to the Supervisor of Elections for Indian River County.
Section 3. VACANCIES AND REAPPOINTMENTS.
Each member of an appointive board, commission or committee who seeks reappointment
shall notify, in writing, the City Clerk and the respective chairperson of the board, commission
or committee, of the intention of such member to seek reappointment at least two (2) months
in advance of the term expiration date. He/she must submit a new application or renew by
initialing and dating the application on file if the application has been on file for mom than
one year.
In the event that the City Council fails to reappoint a member for any reason prior to the
expiration of the member's term, the member shall continue to serve until reappointment is
ratified or a new appointment is confirmed.
Section4. SELECTION OF CHAIRPERSONS AND VICE CHAIRPERSONS.
Whenever possible, the individual selected as the chairperson and vice chairperson of an appointive
board, commission or committee, shall have served two (2) years as a regular member of such
appointive board, commission or committee, and shall have attended at least ninety percent (90%) of
the meetings of such appointive board, commission or committee, which such member was not
otherwise excused from attending by the individual serving as the chairperson of such appointive
board, commission or committee at such meeting or meetings.
Section 5. EXCUSED ABSENCES. In accordance with Section 2-173 of the Code, a
board or committee member shall be automatically removed if, in a given fiscal year, he or she is
absent for three consecutive meetings without an acceptable excuse. A members excuse shall be
conveyed to the secretary of the board or committee prior to the meeting to which the request for an
excuse has been submitted. The member's request for an excused absence shall be considered at
the beginning of the meeting for which the excuse has been requested.
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 immediately upon adoption.
The foregoing Resolution was moved for adoption by Councilmember . The
motion was seconded by CouncJlmember and, upon being put into a vote,
the vote was as follows:
Mayor Walter Barnes
Vice-Mayor James Hill
Councilmember Joe Barczyk
Councilmember Ray Coniglio
Councilmember Edward Majcher
The Mayor thereupon declared the Resolution dully passed and adopted this
ATTEST:
,2002.
day of
CITY OF SEBASTIAN, FLORIDA
By:
Walter Barnes
Mayor
Sally A. Maio, CMC
City Clerk
(SEAL)
Approved as to Form and Content:
Rich Stringer
City Attorney
4
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject Resolution No. R-02-47- Parks
and Recreation
Agenda No. O ~** ~.~
Department Or~t~: City Clerk~
Public Work~z~.-~_ _
Recreation Dept.~
Date Submitted: 10/17/02
For Agenda of: 10/23/02
Exhibits: Proposed Resolution No. R-02-47, R-01-13
Expenditure Required: Amount Budgeted: Appropriation Required:
SUMMARY STATEMENT
In light of the fact that the City now has its own Recreation Department, administration of th
permit application process for City recreational facilities and parks will move from the City
Clerks' Office to Recreation under the authority of the City Manager. City Clerk staff, City
Manager, Recreation staff, and Building Maintenance staff recently met to review these
changes. Since the last regulations and fees resolution was adopted to coincide with the
2000 parks and recreation ordinance recommended by staff and adopted by Council, staff
has had a difficult time interpreting and communicating the various fees for park use as well
as regulations for facility rental.
This resolution imposes a one time fee for park events and special events and once again
places facility rules and regulations back in one place for easier communication to the
public. It has been reviewed by the City Attorney and he concurs with it. It was difficult to
present the resolution in legislative format due to the number of changes, therefore, a copy
of the current resolution is provided for comparison.
RECOMMENDED ACTION
Move to adopt Resolution No. R-02-47.
RESOLUTION NO. R-02-47
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.
WHEREAS, establishment of a new City Recreation Division and a review of recreational
facility permit fees and administrative procedures by City staff has resulted in a need for
amendment to certain provisions and fees; and
WHEREAS, City Council concurs with staff recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. CLASSIFICATION OF RECREATIONAL FACILITY. In accordance with
Section 74-2, the following classifications are designated:
Recreational Facility
Classification
Community Center
Yacht Club
Barber Street Sports Complex
(includes Skateboard Park)
Schumann Park
Riverview Park Complex
Easy Street Park
Blossom Park
Hardee Park
Garden Club Park
Indian River Drive Boardwalk
Yacht Club Pier
Main Street Pier & Parking Area
Rotary Club Pier
Enclosed Public-Use Facility
Enclosed Public-Use Facility
Open Air Public-Use Facility
Open Air Public-Use Facility
Park Area
Park Area
Park Area
Park Area
Park Area
Waterway Facility
Waterway Facility
Waterway Facility
Waterway Facility
PARK EVENT PERMIT
Section 2. APPMCATION~ CONDITIONS AND FEES FOR PARK EVENT PERMIT
(75 - 300 Participants).
In accordance with Section 74-6, the following conditions apply to application for a Park
Event Permit:
Application. Applications for Park Event permits shall be submitted to the Parks
and Recreation Supervisor, on a form promulgated by the City Manager, along with
a $50 application/permit fee. The application shall list the name and address of the
permittee and the purpose of the event.
Conditions. Applicants shall meet with the City Manager to discuss:
a. Provisions for traffic and parking, solid waste collection and removal,
sanitary facilities, and security, if it is anticipated that a Park Event will by its nature
impact the use of the subject Recreation Facility by the public generally, and will
have other implications for the public health, safety and welfare.
b. Need for and method of reimbursement if City resources are needed to
adequately protect the public interest.
City Manager Approval. The City Manager shall approve the permit if it he has
determined that said Event will not adversely affect the interest of the public, and
has worked out an agreement governing mitigation measures, and financial
responsibility therefor, of the public welfare issues raised by the Event.
Permit. Permits shall be issued by the City Manager and may only be issued in the
name of an adult or legally organized organization. Any adult obtaining a permit on
behalf of a group comprised of minors shall be held responsible for the supervision
of each minor participating in the Event.
All general provisions for use of City Recreational Facilities as set out in the Code of
· Ordinances shall apply to Park Event Permits.
SPECIAL EVENT PERMIT
Section 3. APPLICATION~ CONDITIONS AND FEES FOR SPECIAL EVENT PERMIT
(more than 300 participants).
In accordance with Section 74-7, the following conditions apply to application for a Special
Event:
Application. Applications for Special Event permits shall be submitted to the Parks
and Recreation Supervisor, on a form promulgated by the City Manager along with
a $100 application/permit fee and include the following information:
'1. A list of all vendors and others that will participate in said Event and
guarantee that they meet all applicable permit or licensing requirements,
and comply with all applicable laws, code provisions, and duly promulgated
rules and regulations governing use of the subject facility.
2. A schematic of any structure to be erected or otherwise assembled as part
of the Event.
Conditions. Applicants shall meet with the City Manager to discuss:
1. Provisions made for traffic and parking, solid waste collection and removal,
sanitary facilities, and security, if it is anticipated that a Special Event will by
its nature impact the use of the subject Recreation Facility by the public
generally, and will have other implications for the public health, safety and
welfare.
2. Method of reimbursement if City resources are needed to adequately protect
the public interest.
Council Approval. The City Manager shall forward the permit application to the City
Council with his recommendation as to whether said Event is in the best interests of
the public, and if necessary, submit a proposed agreement governing mitigation
measures, and financial responsibility therefor, of the public welfare issues raised
by the Event.
Permit. Permits shall be issued following approval of the City Council and may only
be issued in the name of an adult or legally organized organization. Any adult
obtaining a permit on behalf of a group comprised of minors shall be held
responsible for the supervision of each minor participating in the Event.
All general provisions for use of City Recreational Facilities as set out in the Code of
Ordinances shall apply.
ENCLOSED PUBLIC-USE FACILITY PERMIT
Section 4. APPLICATION~ CONDITIONS~ AND FEES FOR ENCLOSED PUBLIC-
USE FACILITY PERMIT.
In addition to those provisions set out in the Code of Ordinances, the City Council
hereby adopts the following rules, regulations and fees for the use of enclosed public use
facilities (the Sebastian Community Center and the Sebastian Yacht Club):
A. An application for a permit for an enclosed public-use facility must be submitted on
a form, promulgated by the City Manager, to the Parks and Recreation Supervisor, along
with the security deposit fee as set out in this Resolution. The application must be received
at least two weeks prior to the date of the requested use, however, an application for a
permit requiring City Council approval must be received at least two weeks before the next
Regular City Council meeting date which is prior to the date of the requested use
B. In accordance with the Code of Ordinances, 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 an admission charge is to be assessed, then the City Manager shall not issue a
use permit until directed to do so by the City Council. 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 genera[ law of the State of Florida. No alcoholic beverages
of any type may be brought on to the premises, dispensed, or otherwise consumed without
prior authorization of the City Council. No admission fee or other charge may be imposed
by the permittee unless expressly authorized in the use permit. Prior to issuance of the
permit, the City Council shall make a determination that the proposed admission charge or
other fee is not intended to further a commercial purpose.
C. The City Manager, or his designee, shall issue a use permit upon a determination
that the requested use is permissible pursuant to this Resolution and upon payment of the
appropriate rental fee as set out in this Resolution. It is the policy of the City of Sebastian
that no waivers of the rental or security deposit will be permitted, except as otherwise
provided for in this Resolution.
D. A use permit for a group composed of minors shall be issued only to an adult who
accepts the total responsibility for the supervision of each minor throughout the period
covered by the permit.
E. The applicant shall disclose the nature of the proposed activity and the anticipated
need for extra work by City personnel. If it is determined that the permittee will cause extra
work by City personnel as a result of the proposed use, an additional fee shall be charged
in order to fully recoup such cost.
F. No decoration of any type shall be permitted without prior approval. Any decoration
utilized must be removed by the permittee.
G. The permittee shal( not, under any circumstances, remove any chairs, tables, or
any other equipment from the facility.
H. The permittee shall bear the responsibility for the control of the lights, thermostats
(specifically turning off after events), and other equipment in the facility. Further, the
permittee shall bear responsibility for the unlocking and subsequent securing of the doom
of the facility. In the event that an applicant anticipates any special needs with regard to
heating, air conditioning, or lighting, he shall disclose the details of such necessities at the
time of application.
I. The permittee is solely responsible and answerable to the City for damages and to
any injured person for any and all accidents or injuries to persons or properties resulting
from the use of the facility during the permitted period. The permittee shall ensure that the
facility is left in the same condition as it was in prior to the permitted use. Any facility
equipment utilized must be replaced in the facility's storage room after use.
J. Use permits are not transferable.
K. The permittee for any function at which 76 or more attendees are anticipated, shall
be required to hire one or more Sebastian Police Officers to attend the function for security
purposes at the rate established by the City Manager for City officers hired for private duty,
unless waived by City Council. The ratio of the number of attendees to required officers is
attached hereto as Exhibit "A". Verification of the agreement with the Sebastian Police
Department shall be obtained by the Parks and Recreation Supervisor prior to issuing a
key to the permittee. If the Police Department verifies that a sufficient number of School
Resource Officers will be used to handle security for a teen dance/function, hiring of police
officers is not required. Private duty police officers shall be available for groups of any size
if requested by the permittee.
L. A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompany each
application for use of the Community Center and Yacht Club. This deposit is refundable if
a facility is left in a clean and undamaged condition by the permittee. In the event that the
City, in its sole discretion, determines that cleaning or repairs are necessary after the
permitted use, the deposit shall be forfeited. In the event that cleaning or repairs are not
necessary, the City Clerk shall refund the deposit to the permittee within two (2) weeks
after the completion of the permitted use.
Rates for Community Center and Yacht Club are as follows:
Public Use Facility
Community Center
Resident Rates
Four (4) hr fiat rate $150.00
Each Additional hr $ 25.00
Non-Resident Rates
Four (4) hr flat rate $ 225.00
Each Additional hr $ 37.50
Yacht Club
Four (4) hr flat rate $ 75.00
Each Additional hr $ 15.00
Four (4) hr flat rate $110.00
Each Additional hr $ 20.00
Exemption from Rates: The Sebastian Property Owners Association is exempt from
payment of fees up to a limit of two meetings per month at the Yacht Club based on a prior
agreement with General Development Corporation relative to this facility.
Not-for-profit Organizations: In the event that the applicant is a school, chumh, or
other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for
use of the Sebastian Community Center or the Sebastian Yacht Club shall be one-half
(1/2) the regular rate.
All general provisions for use of City Recreational Facilities as set out in the Code of
Ordinances shall apply.
Section 5.
repealed.
Section 6.
All Resolutions or parts of Resolutions in conflict herewith are hereby
This Resolution shall become effective immediately upon adoption.
The foregoing
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice Mayor James Hill
Councilmember Joe Barczyk
Councilmember Ray Coniglio
Councilmember Edward Majcher
The Mayor thereupon declared the Resolution dully passed and adopted this day of
,2002.
CITY OF SEBASTIAN, FLORIDA
By:
Walter Barnes, Mayor
ATTEST:
Sally A. Maio, CMC
City Clerk
(SEAL)
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
RESOLUTION NO. 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.
WHEREAS, City Council, at its September 13, 2000 Regular Meeting, adopted
Ordinance No. O-00-20; amending Article I, Chapter 74 of the Code of Ordinances, Parks and
Recreation - In General, setting out new provisions for use of City Recreational Facilities; and
WHEREAS, Section 74-2 provides for designation of classification of each Recreational
Facility in the City by resolutioni and
WHEREAS, Section 74-6 provides for establishing reservation fees, electrical and water
utility use fees, and secudty deposit fees by resolution; and
WHEREAS, the rules and fees set out in the existing resolution for the Yacht Club and
Community Center need to be revised.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. CLASSIFICATION FOR EACH RECREATIONAL FACILITY.
accordance with City Code Section 74-2, the following classifications are designated:
Recreational Facility Classification
Community Center
Yacht Club
Barber Street Spor[s Complex
Schumann Park
Riverview Park
Easy Street Park
Blossom Park
Hardee Park
Garden Club Park
Indian River Drive Boardwalk
Yacht Club Pier
Main Street Pier & Parking Area
Rotary Club Pier
Enclosed Public-Use Facility
Enclosed Public-Use Facility
Open Air Public Use Facility
Open Air Public Use Facility
Park Area
Park Area
Park Area
Park Area
Park Area
Waterway Facility
Waterway Facility
Waterway Facility
Waterway Facility
~n
Section 2. RULES AND SCHEDULE OF FEES FOR USE OF ENCLOSED PUBLIC
USE FACILITIES.
In addition to those provisions set out in the Code of Ordinances, the City Council
hereby adopts the following provisions governing use of enclosed public use facilities (the
Sebastian Community Center and the Sebastian Yacht Club):
A. It is the policy of the City of Sebastian that no waivers of the rental 'or secUdty
deposit will be permitted, except as otherwise provided for. in this Resolution.
B. Use permits are not transferable.
C. The permittee for any function at which 76 or more attendees are anticipated
shall be required to hire one or more Sebastian Police Officers to attend the function for secudty
purposes at the rate established by the City Manager for City officers hired for pdvate duty,
unless waived by City Council. The ratio of the number of attendees to required officers is
attached hereto as Exhibit "A". Verification of the agreement with the Sebastian Police
Department shall be obtained by the City Clerk's office pdor to issuing e key to the permit'tee. If
the Police Department verifies that a sufficient number of School Resource Officers will be used
to handle security for a teen dance/function, hiring of police officers is not required. Private duty
police officers shall be available for groups of any size if requested by the permittee.
D. Use Rates for Community Center and Yacht Club are as follows:
Public Use Facility Resident Rates Non-Resident Rates
Community Center Four (4) hr fiat rate $150.00 Four (4) hr fiat rate $ 225,00
Each Additional hr $ 25,00 Each Additional hr $ 37.50
Yacht Club Four (4) hr fiat rate $ 75.00 Four (4) hr flat rate $110.00
Each Additional hr $ 15.00 Each Additional hr $ 20.00
E. Exemption from Rates: The Sebastian Property Owners Association is exempt
from payment of fees up to a limit of two meetings per month at the Yacht Club based on prior
agreement with General Development Corporation.
F. Not-for-profit Omanizations: In the event that the applicant is a school, church,
or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for
use of the Sebastian Community Center or the Sebastian Yacht C~ub shall be one-half (%) the
regular rate.
Section 2. RULES AND SCHEDULE OF FEES FOR USE OF PARK AREAS:
In furtherance of those rules and provisions set out in the Code of Ordinances for use of
park areas for park events and special events, the City Council hereby adopts the following
schedule of fees:
Type of Fee Park Event {50-300) Special Event (300+)
Reservation Fee $ 50.00 $100.00
Electricity or Water Use Fee $ 15.00 % day $ 50.00 minimum subject to
increase based on intensity
$ 25.00 full day
Security Deposit $100.00 $100.00
3
Further, residents may reserve use of the Picnic Pavilion at Riverview Park for a half day
(four hours) rate of twenty-five dollars ($25) or a full-day for fifty dollars ($50), with a twenty-five
dollar secudty and clean-up deposit.
Section 3.
hereby repealed.
Section 4.
adoption.
All Resolutions or parts of Resolutions in conflict herewith are
This Resolution shall become effective immediately upon
~'..--¢I/2. -_/:The: foregoing Resolution was moved for adoption bY Councilmember
and, u~ofi~being put into a vote, the vote was as follows:~ ~"/'%/
Mayor Walter Barnes
Vice Mayor Ben Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward Majcher
The Mayor thereupon declared the Resolution dully passed and adopted this 14 day of
February, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Walter Barnes, Mayor
Sally A..~io, CMC/
City Clerk
(SEAL)
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, Cf~9 Att~ey
EXltlBIT "A"
1. Adult functions with:
Up to 75 guests ......................................... No Officer Required
76 to 250 guests ........................................ I Officer Required
251 to 300* guests ................................... 2 Officers Required
2. High School or Jr. HighDances/Funcfions with:
Up to 99 students ..................................... No Officer Required
100 to 199 students .................................. 1 Officer Required
200 to 300* students ............................... 2 Officers Required
*Maximum Occupancy Limits 8/16/99 - Captain Diggs, Fire Inspector ofI. R. County
indian Rfver C~ounty i
INDIAN RIVER COUNTY
.~l ETRO POLITAN
PLANNING
ORGANIZATION
840 25th Street
Veto Beach. Florida
32960-3365
(56]) 56%8000. ext. 123'7
Suncom: 224-1237
Fax: (56!i 978-1806
?nm!son ~ bcc,co.indian-rivenfi.us
M)ting Members:
City of Fcllsmere
indian Ri~er Coun~
Town of Indian Ri~er Shores
C Jr3 of Sebastian
City of Veto Beach
Non-\0ting Members:
indian Ri,,er Coun?
Schoot District
Tokxn of Orchid
Florida Department of
Chairman
Commissioner John Tippm
lndian Ri~er County
Vice Chairman
Commissioner Ken Macht
[ndian River County
Staff Director
Robert M. Keating, AICP
September 30, 2002
Mr. Terrance Moore, City Manager
City of Sebastian
1225 Main Street
Sebastian, F1 32958
Dear Mr. Moore:
Recently, the Florida Department of Transportation (FDOT) gave final approval to the
Indian River County MPO's 2000 Apportionment Plan and MPO Interlocal Agreement.
Consequently, two new members, one from the City of Sebastian and the other from the
Board of County Commissioners, will be added to the MPO governing board.
To finalize the process of adding the additional voting members, the MPO must amend
its by-laws. The amended bylaws will include the revised MPO membership, as well as
the revised membership of the MPO's advisory committees, the TAC and CAC. Staff
will be presenting amended by-laws at the October 9, 2002 MPO meeting. Upon
approval of the bylaws, the revised committee structures will become official.
At this time, MPO staff is asking your assistance in appointing a new MPO voting
member and alternate from the City of Sebastian. MPO members must be elected
officials of general purpose local governments. The MPO meets monthly, on the
second Wednesday of the month at 10:00 a.m. in the County Administration Building.
A quorum at Iv[PO meetings is absolutely essential, not only in ensuring that member
jurisdictions are adequately represented, but to fulfill our federal and state mandates for
local participation and ensure the continuation of millions of dollars in federal and state
gas tax funds to Indian River County.
Please inform me as soon as the City appoints a new MPO member. We will be
contacting you regarding the appointment of additional MPO advisory committee
members in the near future. If you need any additional information, please do not
hesitate to contact me or Phil Matson, Assistant MPO Staff Director at (772) 567-8000,
Ext. 1453.
Sincerely,
Robert IVizK_e. ati n g;,~;fd C P
MPO Staff Directo?
comrmssioner John Tippin, MPO Chairman
Councilman James Hill, MPO Member
Phil Matson, Assistant MPO Staff Director
Vickie Phillips, Indian River County
METROPOLITAN PLANNING ORGANIZATION (MPO): (Indian River County) (Previously called
Transportation Planning Committee)
Current Member~:(2) Jim Hill
Current Alternate: Walter Barnes
Technical Advisory Committee (Staff): Terry Hill
Citizen Advisory Committee: Herbert Munsart
Purpose: Transportation planning and to obtain transportation funding
History:
as Transportation Planning Committee:
6/3/87 - George Metcalf appointed
5/25/88 - Jim Wadsworth (P&Z) appointed ex-officio
1/24/90 - Robert McCarthy appointed
- Peter Jones appointed alternate
3/28/90 - Lloyd Rondeau appointed
- Frank Oberbeck appointed alternate
4/11/90 - Frank Oberbeck appointed (Rondeau resigned)
8/8/90 - Robert McCollum appointed alternate
3/27/91 Lonnie Powelt appointed alternate
4/3/91 Peter Holyk appointed alternate
8/14/91 Will Conyers appointed
Peter Holyk appointed alternate
3/25/92 Frank Oberbeck appointed
Peter Holyk appointed alternate
6/17/92 Frank Oberbeck appointed
Peter Holyk appointed alternate
as Metropolitan Planninq Or,qanization:
2/24/93 - Resolution No. R-92-30
3/24/93 - Robert Freeland appointed alternate
4/6/94 - Frank Oberbeck reappointed
- Robert Freeland reappointed alternate
3/22/95 - Raymond Halloran appointed member
- Carolyn Corum appointed alternate
3/27/96 - Raymond Halloran appointed member
- Walter Barnes appointed alternate
3/26/97 - Richard Taracka appointed member
- Walter Barnes reappointed alternate
3~25~98 - Charles Neuberger appointed member
- Ruth Sullivan appointed alternate
3/24/99 - Chuck Neuberger reappointed member
- Martha Wininger appointed alternate (Barnes filled position)
3122/00 - Jim Hill appointed member
- Walter Barnes appointed alternate
3/28/01 - Jim Hill appointed member
- Walter Barnes appointed alternate
12/1/93 - Harry Thomas appointed to MPO Citizen Advisory Committee
3/94 - Public Works rep appointed to MPO Bikepath Committee
7/26/00 - Herbert Munsart appointed to MPO Citizen Advisory Committee
3/28/01 - Herbert Muneart reappointed to MPO Citizen Advisory Committee
Secretary: Vicki Phillips, IRC Commission Office
Location: County Administration Bldg. - 1840 25th Street, Vero Beach, FL - 1st FI Conf Rm "A"
Time: 2nd Wednesday of Month - 10:00 A.M. - MPO
7
C~Y OF
HOME OF PELICAN ISLAND
DATE:
TO:
CC:
FROM:
RE:
I 0/18/02
Mayor Barnes and City Council Members
City Manager, Terrence Moore and City Attorney, Rich Stringer
Sally A. Maio, CMC - City Clerk
October 23, 2002 Agenda Packet - Resolution No. F1-02-46 Board
Appointment Procedures
Upon review of the agenda packet, it appears I neglected to include a copy of the current
board Resolution No. R-01-12. It is attached for your reference.
cc: Deputy City Clerk
SAM
RESOLUTION NO. R-01-12
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS;
ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM
APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT;
ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A
VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK;
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; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted
pursuant to its authority allow the creation of appointive boards to assist and advise the Ci~ Council in the
performance of its duties; and
WHEREAS, the City Council desires to establish procedures for appointment to such advisory boards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. DUTIES OF THE CITY CLERK.
a. The City Clerk shall keep and maintain a list of the names, addresses, and telephone
numbers of all members of appointive boards, commissions, and committees; their date of appointment,
reappointment, and term expiration.
b. The City Clerk shall timely inform the City Council and City Manager of any changes made
to the composition of any appointive board, commission or committee.
c. The City Clerk shall provide each new appointee with a copy of the publication entitled "Florida
Commission on Ethics Guide for Political Officers and Employees", pertinent excerpts of the City Board
Handbook and related financial disclosure forms.
d. Two months prior to the expiration of the term of any member of an appointive board,
commission, or committee, or in the event of any vacancy on any such appointive board, commission or
committee, the secretary or clerk to any such appointive board, commission, or committee shall notify the City
Clerk of such opening to enable the City Clerk to advertise the position in accordance with Section 2-169 of
the Code of Ordinances. The advertisement shall be a press release and shall include a deadline date for
submittal of applications for such advertised opening to enable the City Clerk time for preparation of the
agenda transmittal. AIl applications on file for memberehip on such board, commission or committee which
open position to ascertain their continued interest in serving. Included in press releases for regular member
positions shall be language indicating City Council's intent to reserve the right to immediately fill a vacancy
in an alternate member position in the event an alternate is moved into the regular member position, if there
are other eligible applicants for the regular position.
Section 6. SELECTION OF CHAIRPERSONS AND VICE CHAIRPERSONS. Whenever
possible, the individual selected as the chairperson and vice chairperson of an appointive board, commission
or committee, shall have served two (2) years as a regular member of such appointive board, commission
or committee, and shall have attended at least ninety pement (90%) of the meetings of such appointive board,
commission or committee, which such member was not otherwise excused from attending by the individual
serving as the chairperson of such appointive board, commission or committee at such meeting or meetings.
Section 7. EXCUSED ABSENCES. In accordance with Section 2-173 of the Code, a board or
committee member shall be automatically removed if, in a given fiscal year, he or she is absent for three
consecutive meetings without an acceptable excuse. A member's excuse shall be conveyed to the secretary
of the board or committee prior to the meeting to which the request for an excuse has been submitted. The
member's request for an excused absence shall be considered at the beginning of the meeting for which the
excuse has been requested.
Section 8. If any clause, section, or other part of this Resolution shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated
and shall in no way affect the validity of the other provisions of this Resolution.
Section 9. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
Section 10. This Resolution shall become effective immediately upon adoption~
The foregoing Resolution was mm4~/,~ ecl, open by Councilmember ~ . The
motion was seconded by Councilmember ,]'~'/~:~/(;jLg, A,. _ and, upon being put into a vote, the vote
was as follows:
Mayor Walter Barnes
Vice-Mayor Ben Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward Majcher
3
The Mayor thereupon declared the Resolution dully passed and adopted this /~ day of
,2001.
Sally A. Ma)b, CMC '
City Clerk"
CITY OF SEBASTIAN, FLORIDA
By: lX>r,~,~ ~
Walter Barnes
Mayor
(SEAL)
Appr. c~ved~a_s to Form~and Content:
Rich Stringer - (~
City Attorney
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