HomeMy WebLinkAbout07-23-1999~ City of Sebastian, Flori.d.a
C,ty Counc,I Informat,on Letter
July 23, 1999
Good News -- Withdrawal of Bid Protest, Felix
E~ities~_lnc.
Please find the attached correspondence from Attorney Warren Dill
explaining that his client, Felix Equities, Inc. has decided not to pursue
a bid protest against the City of Sebastian. This action is contingent
upon a rebid action of the City's road resurfacing project, as this was a
prior recommendation of the City Manager~s Office. As such, this item
was not included on the July 28t~ meeting agenda. In addition, I have
directed Paul Wagner, Purchasing and Contract Administrator to begin
the rebid prOcess to once again solicit proposals. This process should
take a minimum of two to three weeks as subsequently, a
recommendation for bid award will be before you.
Leflislative~ Senatorial and County Commission
Support, Florida Preservation 2000 Grant Pro_qram
Attached are copies of letters as compiled by Representative Charles
Sembler and Senator Patsy Kurth, expressing support behind the City
of Sebastian's efforts at securing a pending Florida Preservation 2000
(P2000) grant. During the last two weeks, I met individually with both
officials to solicit endorsement, to ensure successful financing of the
acquisition of the "Good Guys" property, with minimal direct costs to
local taxpayers. I also met with County Commissioner Fran Adams
earlier this week to request that Indian River County consider a
$200,000 matching contribution. She will make arrangements to have
City Council Information Letter
July 23, 1999
Page 2
City of Sebastian officials make a presentation at an upcoming County
Commission meeting relative to this issue. I will keep all of you
abreast of these arrangements, as I hope one of you can join me.
Update -- Emerglency Services Stations #8
Attached is a letter from Mr. Douglas Wright, Director of Indian River
County Emergency Services Department, which informs that the
County Commission approved a bid award in the amount of $275,000
to Bill Bryant & Associates of Vero Beach, for the renovation of
Emergency Station #8 located at 11t5 Barber Street. Work is
anticipated to begin circa August tSt, with an expected completion
time set for January 2000. As such, you may notice relevant activity
at the station in the coming weeks while driving down Barber Street.
Alarm Ordinance, Indian River County
Per direction provided during the July 21't workshop meeting, attached
for your edification is a copy of Indian River County's Alarm Ordinance.
Arrangements will be made for you to consider a similar mandate in
our community during your scheduled August ttth meeting.
TRM/
Attachments
t. Letter from Attorney Warren Dill.
2. Letter from State Representative Charles Sembler
3. Letter from State Senator Patsy Kurth.
4. Letter from Douglas Wright.
5. Indian River County Alarm Ordinance.
My DocumentsllnfoLetter3
W. P.A.
ATTORNEY-AT-LAW
WARREN W. DILL
MEMBER OF:
FLORIDA BAR
WYOMING BAR
NEBRASKA BAR
July 20, 1999
1515 U.S. HWY. 1, SUITE 20i
SEBASTIAN, FLORIDA 32958
(561) 589-1212
FAX (56l) 589-5212
Mr. Terrence R. Moore, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
BY HAND DELIVERY THIS DATE
Re: Felix Equities, Inc. - Bid Protest for street paving
Dear Mr. Moore:
My client, Felix Equities, Inc. has decided not to pursue their Bid Protest for the City's road
resuffacing project. While they still believe that they are the low bidder when the entire project is
c6nsidered, they have decided that it would be in everyone's best interest not to pursue thek protest.
Accordingly, there is no need for you to place us on the City Council's Agenda for the July 28, 1999
meeting. The decision to withdraw the Bid Protest is based on the fact that the City has stated that
it intends to rebid the project. If for any reason the City intends tO award the bid without rebidding,
then please schedule us for the July 28, 1999 Council Meeting.
When the City rebids the project, will you please send a bid invitation to:
Felix Equities, Inc.
c/o Felix Asphalt of Florida, Inc.
5100 29th Court
Vero Beach, Florida 32967
Attention: James Home
Thanking you for your assistance in this matter, I remain
Very truly yours,
cc: Mr. Nicholas J. Fiduccia - By facsimile
Mr. James Home - By facsimile
04/83/1996 05: 2,S 4079844954 SEN~TON KI.'I.~TH P~GE 03
~7/17/%B95 0~: 54 55~7787210 ONARL~S ~M~[-E~ F'C~L~ UZ
Florida House of Rq resentatives
P.O. Box 2380
Veto Beach, FL 32961
.561-77o°-~077
Charles W. Sembler II
402 $~.lth Mo~r~ Street
850.48.%0952
July 14, 1999
Ms. Anne Pccry, Executive Director
Florida Communiti~ Trust
2555 Shumard O~k Boulevard, Room 310
Tallahassee, I~ 32399-2100
Re: Seba~;~ian's giverView Park Expansion
I would Iii(3 to tak~ thi~ opportunity to cxpt~$ my support of the Florida Communiti¢:s ~'rust's
Presetvatien 2000 grant application being submitted, by the City of Sebastian. This gra, ~t will be
used to p;rehase a 4.25 ~cre tract of Waterfront pml~m'y', located on th~ Indian River IL goon.
The ~qu~,';;tion of this property will allow the city to provide re~iclents and visiting to:~ti.sts with
greater ac'.~ss to the Indian River Lagoon for such activities as boating, swimming, cano~4ng and
a host of other water-mlat,~d recreation activities,
I would ~e~xly appreciate your s~rious eonsid~ation of this grant application.
Thanking you in advance.
SENATOR PATSY ANN KURTH
THE FLORIDA SENATE
Tallahassee. Florida 32399-1100
July 21, 1999
Ms. Anne Peery, Executive DireCtOr
Florida Communities Trust
Dept. of Cmmunity Affairs
2555 Shumard Oak Blvd., Suite 310
Tallahassee, FL 32399-2100
Dear Ms. Peery:
I am writing in support of the City of Sebastian's application for a Florida Communities Trust Ch'ant
to purchaSe a 4.25 acre tract of waterfront property. This property, which is located on the Indian
River Lagoon in Indian River County, would be used to expand Sebastian Riverview Park.
Acquisition of this land would benefit residents and tourists by providing greater access to the Indian
River Lagoon and water related activities, such as: boating, swimming, canoeing, etc.
Thank you for your consideration and I hope you will look favorably upon the City of Sebastian' s
application. Should you have any questions, please do not hesitate to contact me.
With warm regards,
x~tsy Kurth
Senator, District 15
PgJlae
TONI JENNINGS WILLtAM G. "DOC" MYERS
Indian River County
Board of County Commissioners
Department of Emergency Services
1840 25th Street, Veto Beach, FJorida 32960
July 21, 1999
Mr. Terrence R. Moore
City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Update on Emergency Services Station #8
Dear Mr. Moore:
Emergency Management Coordinator Nathan McCollum and I enjoyed meeting with you this
moming and we look forward to working with you in the future. As a follow-up to the
information I conveyed to you this morning, the following is provided to you as an update on
Station #8. Please feel free to share it with everyone.
On June 15, 1999, the Board of County Commissioners approved a bid award in the amount of
$275,290 to Bill Bryant & Associates of Vero Beach for the renovation of Emergency Services
Station #8 located at 1115 Barber Street in Sebastian. The Board also approved the
Owner/Contractor Agreement between the County and the Contractor on July 20, 1999.
The Contractor has provided the appropriate Payment and Performance Bonds as well as
certificates of insurance as required by the County. I will be meeting with the Contractor on July
22, 1999, at which time I plan to issue the Notice To Proceed so that the Contractor can stage and
begin work at the site as soon as the building permit is issued by the City of Sebastian. ! was
informed today via phone by Building Official George Bonacci of your Building Department that
the building permit will be ready this coming Friday and the Contractor could pick it up after
lunch.
The goal is for the Contractor to begin work at the site not later than August 1, 1999. The
Contractor is allowed 180 consecutive calendar days for the project except for recorded rain days,
delays caused by the County, additional work by change order, or due to fire or storm damage.
Substantial completion is anticipated to be in late January, 2000, at which time the station will be
staffed with EMS paramedic and firefighter personnel on a full time basis. As you know a
pumper (fire engine) and a tanker are already positioned at the station location.
Division of Division of Division of Division of
Emergency Medical Animal Control Fire Services Emergency Management
Services 567-8000 562.2028 567-8000
567-8000 Ext. 446 Ext. 444
Exl. 217
SUNCOM 224-1444
FAX(561) 567-9323
A 75/25 grant has been approved by the State to help fund the ambulance for the station and
plans are to order it in August for delivery in December, 1999. The Board has already approved
the funding for the grant match. Funds have also been approved by the Board to fully equip the
ambulance and it will be licensed at the Advanced Life Support (ALS) level as an emergency
medical transport vehicle.
I hope this information is helpful. Please feel free to contact me if there are any questions or you
need clarification on any part of this letter.
Sincerely, (
Douglas .I~Vright, CEM
Director
Department of Emergency Services
cc: James E. Chandler, County Administrator
.Mq EMERGENCY ORD_rNANCE OF INDIAN
R/VER COUN~!'y, FLOR/DA, EST.~BLISHING AN
AMENDED EFFECTIVE DATE OF OCTOBER
t999 FOi~ REGULATIONS GOVEKNING ALA.RMS
KESPONDED TO BY LAW ENFORCEMENT
AGENCIES IN IN'DI,~'q RIVER COUNTY.
WHEREAS, up to 99 percent of alarm signals are false alarm signals; and
WHEREAS, responding :o these fdse ahrzm is a waste of manpower; and
WHEI~AS, the Board of Coau~ Commi~ioners adopted Ordinance No. 99-
10 ':o reg~la*e false al. arm with an effective date of June t, 1999; and
WHEREAS, the Board of County Commissioners has received many inqulrie,
eoncernk~g the operation of the ordlnane, and it appears that additional time is
necessary to get ~urther public in put~
NOW, THERKFOI~E, BE IT, ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDLb. N RIVER COUNTY, that:
SECTION 1. EMERGENGY.
The information set fomh in the 'q,Vherea~" clauses is adopted and incorporated
herein a~d the immlnen: effective date of june 1, 1999 constitutes an emergency.
SECTION 2.
The effective date for Ordinance No. 9%10 is hereby amended to October 1,
1999.
SECTION 3. SEVE~a. BILITY.
If any section, or any ~antence, paragraph, phrase, or word o:' :his ordinance is
for any reason held :o be unconstlmtlonal, inoperative, or void, such holding shall not
affect the remaining pomions of this ordinance, and k shall be con~tmed to have been
:he legislative hter, t to pass the ordinance without such unconstitutional, invalid or
inot~ratlv¢
the O~ce of the ~cre:~ o~ S~a~e ~f the ~tce of Flo~ ~ ~ d~ ~r
Approved ~d adopted by the Board of County Conami~ioncrs of Indian ~ver
County, Fiorieta~ on th[~ 18~ day of May, I999,
This ordinance was =o: advenisecl for a public hearing but was pas~ed as an
emergency erdinance on May 18, !99~ at which time it was moved for adoption by
Commissioner Adams, seconded by Commissioner Tippin, and adopted by the
CMirmm Kenneth R. Macht Aye
Vice Ch~rma~ Fran Adatm Aye
Co~slon~r ]o~ ~. T~ppln Aye
Co~,,~oner Caroline D. Ginu Aye
~ioner Ru~ M. St~bfidge Aye
The Ch'~itrnan thereupon declared the ordlnance duly paz~ed and adopted :his
~¥ofMay, 1999, .
BOARD OF COUNTY COIvLMS$ION
IN'DIAN RtV~K COL%NTY, FLORA
.
Effective date: This ordinance was lied with the Department of State o- ... dgy of
, 1999 arid becme effective that date.
Exhibit A
To Ordinance 99-
INDIAN RIVER COUNTY ORDINANCE
GOVERNING ALARMS RESPONDED TO
BY LAW ENFORCEMENT AGENCIES OF
INDIAN RIVER COUNTY
SECTION 1. PURPOSE
(A) The purpose of this ordinance is to encourage alarm tlsers and alarm businesses to
maintain the operational reliability and properly use alarm systems and to reduce or eliminate
false alarm dispatch requests.
(B) This ordinance governs systems intended to summon law enforcement response,
requires permits, establishes fees, provides for penalties for violations, establishes a system of
administration, and sets conditions for suspension or loss of permits.
SECTION 2. DEFINITIONS
In this ordinance:
(A) Alarm Administrator means a person or persons designated by the Sheriff to
administer, control and review alarm applications, permits and alarm dispatch requests.
(B) Alarm Business means the business, by an individual, partnership, corporation or
other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving,
installing or monitoring an alarm system at an alarm site.
(C) Alarm Dispatch Request means a notification to law enfomement office by the
alarm business that an alarm, either manual or automatic has been activated at a particular alarm
site.
(D) Alarm Review Board shall consist of five members as follows: the Alarm
Administrator, a Sheriffs Office representative designated by the Sheriff, a local alarm business
representative appointed by the local alarm association, and two (2) members of the public at
large, appointed by the Sheriff.
(E) Alarm Site means a single premises or location served by an alarm systems.
Each tenancy, if served by a separate alarm system in a multi tenant building or complex shall be
considered a separate alarm site.
Page 1
Exhibit A
To Ordinance 99q
(F) Alarm System means a device or series of device~, including, but not limited to,
systems interconnected with radio frequency signals, which are designed to di~ourage crime, by
emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm
condition. Alarm system does not include:
an alarm designed to alert only the inhabitants of a premises ~
does not have a sounding device which can be heard on the exterior of
the alarm site.
fire and emergency medical (Life Line) systems.
(G) Alarm User means any person, firm, partnership, corporation or other entity who
(which) uses an alarm system at it's alarm site.
(H) Sheriffmeans the Sheriffof the county or an authorized representative.
(1) Conversion means the transaction or process by which one alarm business begins'
monitoring of an alarm system previously monitored by another alarm business.
(J) Duress Alarm means a silent alarm signal generated by the manual activation of a
device intended to signal a crisis situation requiting law enforcement response.
(Ix') False Alarm Dispatch means an alarm dispatch request to a law enforcement
agency, when the responding officer finds no evidence of a criminal offense ar attempted
criminal activity after having completed a timely investigation of the alarm site. An alarm
dispatch request which is canceled by the alarm business or the alarm user priar to the time the
responding officer reaches the alarm site shall not be considered a false alarm dispatch.
(L) False Alarm User Awareness Class meam a class operated by the Sheriffs Office
for the purpose of educating alarm users about the probl~us created by false alum dispatches
and in the responsible use of their alarm system.
(M) Holdup Alarm means a silent alarm signal generated by the manual activation of a
device intended to signal a robbery in progress.
(N) Keypad means a device that allow~ control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
(O) Monitoring means the process by which an alarm business receives signals from
alarm systems and relays an alarm dispatch request to the city for the purpose of summoning
Page 2
Exhibit A
To Ordinance 99-
police response to the alarm site.
(P) One Plus Duress Alarm means the manual activation of a silent alarm signal by
entering at a keypad a code that adds one to the last digit of the normal arm/disarm code (normal
code = 1234 one plus duress code = 1235).
(Q) Person means an individual, corporation, partnership, association, organization or
-similar entity.
(R) Takeover means the transaction or process by which an alarm user takes over
control of an existing alarm system which was previously controlled by another alarm user.
(S) Verify means an attempt to avoid an unnecessary alarm dispatch request. The
alarm business, or it's representative, must attempt to contact the alarm site by telephonic or other
electronic means (whether or not actual contact with a person is made), in an attempt to avoid an
unnecessary alarm dispatch request.
SECTION
PERMIT REQUIRED; APPLICATION; FEE;
TRANSFERABILITY; FALSE STATEMENTS.
(A) No alarm user shall operate, or cause to be operated, an alarm system at it's alarm
site without a valid alarm permit iasused by the Alarm Administrator. A separate permit is
required for each alarm site.
(B) The initial and annual renewal fee for a permit for an alarm site is $30.00; no
refund ora permit fee will be made. The initial annual permit fee and registration information
must be submitted by the alarm company to the Alarm Administrator within fifteen (15) calendar
days after the alarm installation or alarm takeover. Failure to provide information by the alarm
company to the user that registration by the user is required will result in a $90.00 fine to that
alarm company. Subsequent annual registrations will be required by the alarm holder upon
notification by the Alarm Administrator, as noted in Section 4 of this ordinance.
(C) Upon receipt of a completed application form and the permit fee, the Alarm
Administrator shall issue an alarm permit to an applicant unless the applicant has:
(1) failed to pay a fine assessed under Section 11 or,
(2)
had an alarm permit for the alarm site suspended or revoked, and the
violation causing the suspension has not been corrected.
Page3
Exhibit A
To Ordinance 9%
(D) Each permit application, either new construction or existing structure, must
include the following information:
(t)
the name, address, and telephone numbers of the person who will be
the permit holder and be responsible for the proper maintenance and
operation of the alarm system and payment of fees assessed under this
article;
(2)
the classification of the alarm site as either residential, commercial or
apartment;
(3)
for each alarm system located at the alarm site, the purpose of the alarm
system; i.e., burglary, holdup, or other;
(4) signed certification from the alarm user and the alarm business stating:
(a)
the date of installation, conversion or takeover of the alarm
system, whichever is applicable;
(b)
the name, address, and the phone number of the alarm business
performing the alarm system installation, conversion or alarm
system takeover and responsible for providing repair service to
the alarm system;
(c)
the name, address, and phone number of the alarm business
monitoring the system if different from the installing alarm
business;
(d)
that a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have
been left with the applicant; and
(e)
that the alarm business has trained the applicant in proper use of
the alarm system, including instructions on how to avoid false
alarms.
(5)
classification of the alarm site as being equipped or non-equipped for
duress business.
(E) Any false statement of a material matter made by an applicant for the purpose of
Page 4
~ Exhibit A
z:~- To Ordinance 99-
obtaining an fi~t~mXl~ermit shall be sufficient cause for refusal to issue a permit and shall fall
under Sectio~ 17. ~IOLATIONS, and subject to fine.
(1r) An alarm permit cannot be transferred to another person. An alarm user shall
inform the Alarm Administrator of any change that alters any information listed on the permit
application within five (5) business days.
(G)
renewed.
All fees owed by an applicant must be paid before a permit may be issued or
(H) Information contained in permit applications shall be held in confidence by all
employees or representatives of the agency with access to such information.
SECTION 3.1 ALARM SYSTEMS IN APARTMENT COMPLEXES -
CONTRACTED FOR BY INDMDUAL TENANT.
(A) If an alarm system installed by an individual tenant in an apartment complex unit
is monitored, the tenant must provide the name of a representative of the apartment owner or
property manager who can grant access to the apartment to the alarm business which is providing
the monitoring service.
(B) A tenant of an apartment complex shall also obtain an alarm ~it from the
Alarm Administrator before operating or causing the operation of an alarm system in the tenant's
residential unit. The annual fee for this permit or the renewal of this permit shall be the same as
for a residential or commercial alarm site.
(C) For purposes of enforcing this afficle against an individual residential unit, the
tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant's
residential unit.
SECTION 3.2
ALARM SYSTEMS IN APARTMENT COMPLEXES - FURNISHED
BY THE APARTMENT COMPLEX AS AN AMENITY.
(A) If the owner or property manager of an apartment complex provides alarm
systems in each residential unit as an amenity, then the owner or property manager of the
apartment complex shall obtain a master alarm permit from the Alarm Administrator. The initial
fee for this permit shall be $100.00 and $10.00 dollars per residential unit. All this, whether
occupied or not, shall be included in calculating the required fee. This fee will be charged in lieu
of the $30.00 per residential permit.
Page5
Exhibit A
To Ordinance 99-
(B) For purposes of assessing fines and enforcing this article, the master alarm permit
holder is responsible for payment of frees for false alarm dispatches emitted from the alarm
systems in residential units if the false alarm is determined to be caused by faulty equipment
and/or installation; the fee for operator error shall be the responsibility of the tenant but will be
collected from the property manager/owner holding the master alarm permit.
(C) The owner or property manager of an apartment complex shall obtain a separate
alarm permit for any alarm system operated in a nonresidential area of the apartment complex,
including, but not limited to, common tenant areas and office, storage and equipment areas. An
annual fee for such a permit shall be the same as the fee for a residential or commercial alarm
site.
SECTION 4. PERMIT DURATION AND RENEWAL
(A) A permit shall expire one year from the date of issuance, and must be renewed
annually by submitting an updated application to the Alarm Administrator. The Alarm
Administrator shall notify each alarm user of the need to renew thirty (30) days prior to the
expiration of their permit. It is the responsibility of the alarm user to submit an application prior
to the permit expiration date. Failure to renew will be classified as use ora non-permitted alarm
system and citations and penalties shall be assessed without wavier. (See Section 17.
Violations).
(B) Any alarm user having no false alarms during the year will .have the renewal fee'
of $30.00 waived for each year following a zero false alarm year.
SECTION 5. PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE
(A) An alarm user shall:
(1) maintain the premises and the alarm system in a manner that will
minimize or eliminate false alarm dispatches, and
(2) make every reasonable effort to respond or cause a representative to
respond to the alarm system's location within one hour when notified by the Sheriffs Office to
deactivate a malfunctioning alarm system to provide access to the premises, or to provide
security for the premises, and
(3)
not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
Page 6
Exhibit A
To Ordinance 99-
(4) provide a "swing or shut down" option for active zones within the
premises.
(B) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted
so that an audible alarm signal on the exterior of an alarm site will sound for no longer than
fifteen (15) minutes after being activated.
(C) An alarm user shall have a properly licensed alarm business inspect his alarm
system after 2 false alarm dispatches in a one year period. After a 3rd false alarm dispatch, the
alarm user must have a properly licensed alarm business modify the alarm system to be more
false alarm resistant and/or provide additional user training as appropriate. The alarm user shall
provide the Alarm Administrator with a corrective action report signed by the qualifying agent
for the alarm company; a copy will be forWarded to the Sheriff.
SECTION 7. DUTIES OF ALARM'BUSINESS
(A) After July 1, 1999, alarm businesses shall not program alarm systems so that they
are capable of sending one plus duress alarms. Alarm businesses may continue to report one plus
duress alarms received from alarm systems programmed with this feature prior to luly 1, 1999.
However, when performing a takeover or conversion after July 1, 1999, an alarm business must
remove the one plus duress alarm capability from the alarm system being taken over or
converted.
(B) After July 1,1999 alarm businesses shall not install a device(s) for activating a
hold-up alarm which is a single action non recessed button.
(C) Any alarm company service technician that fails to place a system on "test" and
causes a false alarm dispatch, shall be assessed a $100.00 frae; a copy of the fine and notification
from the Alarm Administrator shall be sent to the alarm company owner/manager.
SECTION 8. ALARM SYSTEM OPERATING INSTRUCTIONS.
An alarm user shall maintain at each alarm site, a set of written operating instructions for
each alarm system.
SECTION 9. ALARM DISPATCH REQUEST RECORDS.
(A) The officer responding to an alarm dispatch request shall record such information
as necessary to permit the Alarm Administrator to maintain records, including, but not limited, to
the following information:
Page 7
Exhibit A
To Ordinance 99-
(1) identification of the permit number for the alarm site;
(2) identification of the alarm site;
(3) arrival time at the alarm site and dispatch received time;
{4} date, and time;
(5) weather conditions;
(6) area and/or sub-area of premise involved;
(7) name of alarm user's representative on premises, if any;
(8) identification of the responsible alarm business, and/or;
(9) unable to locate the address.
(B) The responding law enforcement officer shall indicate on the dispatch record
whether the dispatch was caused by a criminal offense, an attempted criminal offense, or was a
false alarm dispatch. A copy will be provided by the Sheriffs Office to the respective alarm
company for informational purposes.
(C) In the case of an assumed false alarm dispatch, the responding law enforcement
officer shall leave notice at the alarm site that a law enforcement agency has responded to a false
alarm dispatch. The notice shall include the following information:
the date and time of law enforcement response to the false alarm
dispatch;
(2) the identification number of the law enforcement officer, and;
(3)
a statement urging the alarm user to ensure that the alarm system is
properly operated, inspected, and serviced in order to avoid fines per the
ordinance.
(D) Alarm businesses which perform monitoring services must maintain for a period
of at least one year following request for law enforcement dispatch to an alarm site, records
relating to the dispatch. Records must include the name, address and phone number of the alarm
user, the alarm system zone(s) or point(s) activated, the time of request for law enforcement
Page 8
Exhibit A
To Ordinance 99-
dispatch and evidence that an attempt to verify was made to the alarm site prior to the request for
law enforcement dispatch. The Alarm Administrator may request copies of such records for
individually named alarm users.
SECTION 10. SYSTEM PERFORMANCE REVIEWS.
If there is reason to believe that an alarm system is not being used or maintained in a
manner that ensures proper operation and suppresses false alarms, the Alarm Administrator may
require a conference with an alarm user and the alarm business responsible for the repair of the
alarm system to review the circumstances of each false alarm.
SECTION 11. FALSE ALARM USER AWARENESS CLASS.
The administrator shall oversee the creation and implementation of a false alarm user
awareness class. The program shall inform alarm users of the problem~ created by false alarm
dispatchers and teach alarm users how to operate their alarm systems without generating false
alarm dispatches. The Alarm Review Board may waive fines and r~commend the awareness
class, if deemed appropriate. The class will be held at different times to allow attendance and to
minimize scheduling conflicts.
There shall be a $35.00 administrative fee to attend the class; the fee will cover costs
associated with conducting the course, including all informational materials and handouts.
SECTION 12. FINES.
(A) An alarm user or the master permit holder for an apartment complex shall be
subject to fines, and warnings of suspension/revocation of permit depending on'the number of
false alarm dispatches emitted from an alarm system within a 12-month period based upon the
following schedule:
Number of False
Alarm Disnatches Action Takg~ Fines
5 and above
On site written notice/warning letter #1
On site written notice/warning letter #2
On site written notice/warning letter #3
(May be waived if school attended)
On site written notice/warning letter #4
(Mandatory attendance of school)
On site written notice of revoked permit
No Fee
No Fee
$100.00
$175.o0
$250.00 ea
Page 9
Exhibit A
To Ordinance 99-
(Subsequent false dispatches will be fined as
operating a non-permited system; additional
violation fees will apply accordingly)
(B) In addition, any person operating a non-permitted alarm system (whether revoked,
suspended or never acquired) will be subject to a citation and assessment ora $200.00 fine and
an additional fine of $250.00 for each false alarm dispatch, in addition to any other fines
governed by this ordinance. The Alarm Administrator may waive this additional fine for a non-
permitted system if the alarm user applies for a permit within thirty (30) calendar days after such
violation; false alarm dispatches will continue to be fined.
(C) An alarm user may register for the false alarm user awarenss class prior to any
flase alarm dispatches, as a means to educate themselves and help to prevent false alarm
dispatches.
(D) Alarm dispatch requests, caused by actual criminal offense or with evidence of a
criminal attempt, shall not be counted as a false alarm dispatch.
(E) The Alarm Administrator may reinstate a suspended permit upon receipt of
acceptable evidence that the cause has been addressed and appropriate corrective action has been
taken as outlined in Section 15.
SECTION 13, APPEAL FROM FINES/GRIEVANCE PROCESS
(A) An alarm user may appeal assessment of a fine to the Alarm Review Board by
filing a written request for a hearing setting forth the reasons for the appeal within ten (10)
working days after receipt of the fine. The filingofa request for an appeal hearing with the
Alarm Review Board stays the assessment of the fine until the Alarm Review Board makes a
final decision.
(B) The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested person(s). The board shall make it's decision on the basis of the
preponderance of evidence presented at the hearing including, but not limited to, evidence that a
false alarm dispatch was caused by a defective part that has been repaired or replaced or that an
alarm dispatch request was caused by criminal offense. The Board shall reserve the right to call
upon the respective alarm company to provide a representative in order to verify attempts to
correct/not correct a failed system. The board must render a decision within thirty (30) days after
the request for an appeal hearing is filed. The board shall affirm, reverse or modify the
assessment of the fine, and/ur inlcude attendance at the false alarm awareness school. The
decision of the Board is final as to administrative remedies.
P~elO
Exhibit A
To Ordinance 99-
SECTION 14. REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT.
(A) In addition to suspension or revocation pursuant to Section 11, the Alarm
Administrator may suspend or revoke an alarm permit if it is determined that:
(1)
there is a false statement of a material matter in the application for a
permit;
(2)
the permit holder has failed to make timely payment of a fee assessed
under Section 11 (B), or;
(B) A person commits an offense if he operates an alarm system during the period in
which his alarm permit is suspended or revoked.
(C) Unless there is separate indication that there is a crime in progress, the Sheriff
may refuse law enforcement response to an alarm dispatch request at an alarm site for which the
alarm permit is revoked.
(D) If the alarm permit is reinstated pursuant to Section 15, the Alarm Administrator
may revoke the alarm permit if it is determined that 2 subsequent false alarm dispatches occur
within sixty (60) days after the reinstatement date.
SECTION 15. APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT.
(A) If the Alarm Administrator denies the issuance or renewal of a permit, or
suspends or revokes a permit, he or she shall send written notice of his action and a statement of
the right to an appeal, by certified mail, return receipt requested, to both the applicant of alarm
use and the alarm business. A copy will also be sent to the Sheriff for notification and
processing.
The applicant or alarm user may appeal the decision of the Alarm Administrator to the Alarm
Review Board by filing a written request for a review to the Sheriff setting forth the reasons for
the appeal within twenty (20) days after receipt of the notice from the Alarm Administrator. An
alarm business may submit the request for review on behalf of an alarm user.
Filing of a request for appeal shall stay the action by the Alarm Administrator suspending or
revoking a permit until the Board has completed its review. Ifa request for appeal is not made
within the twenty (20) day period, the action of the Alarm Administrator is final.
Page 11
Exhibit A
To Ordinance 99-
(B) The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested person(s). The board shall make it's decision on the basis of a
preponderance of the evidence presented at the hearing including, but not limited to, certification
that alarm users have been retrained, that a defective part has been repaired or replaced, or that
the cause of the false alarm has been otherwise determined and corrected. The Board reserves
the right to summon a representative of the alarm company to verify the above, protecting both
the alarm user and the atram company from any misrepresentation. The Board must render a
wrinen decision within thirty (30) days after the request for an appeal hearing is filed. The Board
shall affirm, reverse, or modify the action of the Alarm Administrator. The decision of the Board
is final as to administrative remedies with the county.
SECTION 16. REINSTATEMENT OF PERMIT.
A person whose alarm permit has been revoked may be issued a new permit if the person:
(1} submits an updated application, and;
(2} pays or otherwise resolves, all citations and fines, and;
(3} submits a notarized certification from an alarm business, that complies
with the requirements of this article, stating that the alarm system has been inspected and
repaired (if necessary) by the alarm business.
SECTION 17. ORDINANCE ADMINISTRATION; COLLECTION OF FINES AND
FEES
(A) (A) The Ordinance shall be administered by the Sheriff's Office who shall be
responsible for the issuance of all permits, administration of all funds collected and enforcement
of the ordinance guidelines.
(B) A Trust Fund shall be established by the Sheriffs Office to administer all monies
received thru the issuance of Alarm Permits. Revenue received shall be used only for the
administration of this Ordinance.
SECTION 18. VIOLATIONS.
(A) A person commits an offense if he violates by commission or omission any
provision of this article that imposes upon him a duty or responsibility and is subject to a fine not
more than $500.00 for each offense.
(B) There will be a ninety (90) day grace period from the effective date to educate
users and the alarm industry once the ordinance is passed. No fees shall be collected during this
period.
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