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HomeMy WebLinkAbout01082003CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 8, 2003 - 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 with respect to agenda items immediately before deliberation or,he item by the City Council- limit of ten minu~es per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members 6. PROCLAMATIONS~ ANNOUNCEMENTS 7. PRESENTATIONS 03.001 ti-2 Ao Certificate of Appreciation to Boat Parade/Santa Sail-In Participants Certificate of Appreciation to Julianne Barrett for Service on Parks & Recreation Advisory Board and Service on Indian River County Parks & Recreation Committee Certificate of Appreciation to Ed White for Service on Parks & Recreation Advisory Board Presentation by Representatives from Pelican Island Elementary School Relative to the Children's Land Project "From Us To You Forever" (Letter) 3-20 03.002 21-22 03.003 23-26 03.004 27-30 03.005 31-40 03.006 41-46 9. CONSENT AGENDA All items on the consent agenda ara considerad routine and will be enacted by one motion. Ther~..will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 12/11/02 Regular Meeting Authorize the City Clerk to Travel to FIodda Institute of Government Sponsored Seminars at Palm Beach Gardens Community College January 30, May 13 and May 14, 2003 (City Clerk Transmittal 12/13/02, Info sheet) Authorize Bid Award to Florida Bulb and Ballast for Hardee Park Trail Lighting in the Amount of $17,740.00 (Public Works Transmittal 1/2/03, Bid Tab, Letter) Authorize Revised Agreement Between the City of Sebastian and Barbour Multimedia (City Clerk Transmittal 1/2/03, agreement) '10. COMMITTEE REPORTS/RECOMMENDATIONS 11. A. Construction Board Interview, Unless Waived and Appoint One Alternate Member Position (City Clerk Transmittal 1/3/03, application, ad, board member list) B. Temporary Parks & Recreation Advisory Committee Interview, Unless Waived and Appoint One "District B" Regular Member Position (City Clerk Transmittal 1/2/03, application, ad, board member list) PUBLIC HEARING Procedures for public hearings (R-99-21) · Mayor opens hearing · Attorney reads ordinance or resel~ion · Staffpresentation · Public input- Limit of ten minutes per speaker · Staff summation · Mayor closes hearing · Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name 2 ~42.005 7-78 03.007 79-96 97-100 03.009 101-104 03.010 105-108 03.011 109-112 Second Public Hearing Ordinance No. O-02-18- Implementing a Telecommunications Tower Regulatory Ordinance (GMD Transmittal 12/4/02, O-02-18, 1/1/03 ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. 12. 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 13. OLD BUSINESS Authorize Mayor Barnes to Execute Department of Environmental Protection Sovereign Submerged Lands Lease for Riverview Park Expansion (City Manager Transmittal 1/2/03, Lease, DEP Letter, Kimley-Hom Letter, City Attorney Memo) · Presentation by City Engineer 14. NEW BUSINESS Authorize Proposed Lease Agreement Between the City of Sebastian and Fast Net Communications, Inc. (City Manager Transmittal 12/13/02, Agreement) Authorize the Purchase of Records Management and Computer Aided Dispatch Software from IMC Software in the Amount of $98,528 and Appropriate $15,000 for the Same (Police Dept. Transmittal 1/2/03, RFP Summary) Approve Sebastian Alleyway Change Order #1 in the Amount of $11,102.10 and Appropriate an Additional $20,000 for Additional Drainage Work (Engineering Transmittal 1/2/03, Letter, Change Order) Waive the Formal Sealed Bid Procedures and Approve the Piggyback Contract with Lanzo Lining Services for Side Yard Pipe in the Amount of $20,450 and Authorize the Entire Project Cost of $22,010 and Appropriate Same (Engineering Transmittal 1/2/03, Letter, Cost Estimate) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mr. Hill B. Mr. Majcher C. Mr. Barczyk 1. Parking on Coolidge Street D. Mr. Coni.qlio 03.012 113-114 Creation of a citizens committee (Mr. Connelly's letter) E. Mayor Barnes 03.013 115-120 Appointment of MPC Citizens Advisory Committee Member (City Clerk Transmittal 1/2/03) 03.014 121- Appointment of IRC Parks & Recreation Board Member (City Clerk Transmittal 1/2/03, Meeting Notice) 19. ADJ OU RN (A, meetings shall adjourn at 10:30 pm unless extended for up to one haft hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (206,0105 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 AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: January 22, 2003 - 7:00 p.m. - Regular Council February ~12, 2003 - 7:00 p.m. - Regular Council February 26, 2003- 7:00 p.m. - Regular Council March 12, 2003- 7:00 p.m.- Regular Council March '/7, 2003 - Special Election Meeting March 26, 2003 - 7.'00 p.m. - Regular Council Apdl 9, 2003- 7:00 p.m. - Regular Council April 23, 2003 - 7:00 p.m. - Regular Council May 14, 2003 - 7:00 p.m. - Regular Council May 28, 2003- 7:00 p.m. - Regular Council June ~ I, 2003- 7:00 p. rn,- Regular Council June 25, 2003- 7:00 p,m. - Regular Council July 9. 2003 - 7:00 p.m. - Regular Council 4 88/88/1994 81:56 487-589-2584 PELICAN ISLAND PAC_-~E 82 Dec. 27, 2002 Mem°t°: Terr~:nce M°°r~' SebastianC:ityManager,4, ~~ ~: R~ ~,' Su~ ~om S~am~ C~y Co~cil Terrence, as we 6i,~ussed, I ara asking the City Counoil to meet with memb~s of the ECO Troop to d~acuss the fuaal stages of our land purchase that will betwfit the residents of our commumly as we attempt to protect and oomerve scrub habitat ~ create a passive park 'X~e project is known as The Children's Land Project 'From Us To You Forever". We have accomplished the purchase of 15 lots that are contiguous to the Scrub Jay Habitat found ,,n tt~ western section of our school property. We still have three targctec~ lots that the pmse~ owners have not responded to any of our attempts to pt~r,::hase These lots are essential to the completion of the park and the h~bitat. The children are asking thai the City Council provide a re~lution that we could give to the Indian River County School Board thn~ would support the purchase of thaae 10tS either by pure, hosing or purchasing by taking these last three lots. We feel that this project does fid till a necessary public u~e nnd will benefit the community into perpetuity. We will plat. *r, he at the January 8a me~J. ng unless you direct us otherwise PS We will als- be condu~in$ a door to door petition campaign aaking our neighbors to support this 6na. I part of the pro, eot as well. Any guidance that you can give us will be very much appreoiated, CITY OF HOME OF PELICAN ISLAND DR FT 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 11, 2002 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Father Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio Staff Present: City IVianager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette'~Williams Airport Director, Jason Milewski Stormwater Engineer, Ken Jones Finance Director, Mark Mason Growth Management:Director, Tracy.Hass Police Chief, James Davis Public Works Director, Terry Hill RegularCi~Council Meeting December11,2002 Page Two 02.194 02.133 02.133 = 02.249 02.249 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-2f) None. PROCLAMATIONS~ ANNOUNCEMENTS Completion of Advanced Institute for Elected Municipal Officials Certificate to Councilman Coni.qiio Mayor Bames presented Councilmember Coniglio with his Certificate of Completion. B. Pride in Sebastian Award for New Construction to the Sea Crest Buildin.q Mayor Barnes presented the Pride in Sebastian Appreciation Award to Vance Houdyshell, for the Sea Crest Building on US 1. C. Pride in Sebastian Award for Renovation to The Villa.qe Mayor Barnes presented the Pdde in Sebastian Appreciation Award to Mr. Robert Bruno, for Phase I of the Village on US 1. ELECTION MATTERS Read n.q of Mayor's Election Proclamation - Calling 3/11/03 General Election (Proclamation) Mayor Barnes read the proclamation calling the March 11, 2003 General Election. Resolution No. R-02-52 - 3/11/03 General Election Matters (City CLerk Transmittal 12/1/02, R-02-52) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES AND OFFICES TO BE FILLED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECT~ON TO BE HELD ON MARCH 11,2003; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting  ecember 11,2002 age Three DRAFT 02.044 The City Attorney read the resolution by title. MOTION by Hill/Coniglio "Move approval of Resolution No. R-02-52." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 5-0 PRESENTATIONS/AUTHORIZATIONS Presentation by REG Architects, Inc. Relative to the New City Hall And Police Station Expansion Rick Gonzalez, REG Architects, Inc. gave a brief presentation on the proposed new City Hall and Police Station expansion. Authorize New City Hall & Police Facility Expansion & Renovation Project, and Authorize Phase II & III Architectural Services with REG Architects, Inc. (GSA Transmittal 12/4/02, Exhibit A & B) MOTION by Barczyk/Hill "Move to authorize the New City Hall and Police Facility Expansion And Renovation Project, and authorize Phase II & III Architectural Service with REG Architects, Inc." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Roll Call carried 5-0 RegularCityCouncilMee~ng December11,2002 Page Four DRAFT 02.080 B. 13-14 Presentation by Henry Iler of lPG, Inc. Concerninq the Finding of Necessity Report for the Proposed Expansion of the City's Existin.q Community Redevelopment Agency to Include the "Triangle" Bounded by CR512 and the FEC Railroad (GMD Transmittal 12/4/02, Report) Henry Iler, lPG, Inc. briefly presented his finding of necessity report relative to the CR 512 "[dangle" and the possibility of including it in the existing Community Redevelopment District. The Growth Management Director said incorporation into the existing redevelopment district would be the next step upon acceptance of the finding which occurs later in this agenda. He then responded to questions from Council regarding existing uses, stating that once a property was abandoned it would have to come into compliance with future zoning regulations by a new owner. Mr. Iler said master planning will be conducted and it will take into consideration how industrial zoning can be made compatible with other zoning designations. Council members expressed concem that current business owners in this district are protected as this planning process moves forward, and that public involvement in this process and other city planning projects is imperative. Mr. Barczyk requested that CR 512 be referred to as Sebastian Boulevard. MOTION by Coniglio/Majcher "1 move we accept the finding of this report and authorize staff to proceed with contract negotiations with Mr. Iler for implementation of phase I1 of the CRA expansion project." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call carried 5-0 egular City Council Meeting ecember 11,2002 Page Five D AFT 02.016 02.262 02.250 C. Presentation by CDM, Relative to the Stormwater Master Plan Eric Groetke, CDM, introduced Doug Moulton and Danielle Gephart, who distributed a draft of the Stormwater Master Management Plan to City Council and gave an overview by power point presentation. Doug Moulton presented the Hydraulic Modeling Results and cited specific problem areas and recommended solutions as cited in the report; and Danielle Gephart reported on the Pollutant Load Analysis. Mr. Groetke responded to questions from City Council relative to whether hard piping of swales would reduce maintenance needs, noting there is currently a shortfall in detention areas, a need which would be increased by piping. The City Manager said staff will be coming back with a recommendation to adopt the Stormwater Master Plan in January which will include recommendations specific to appropriate methods. Mr. Hill said he did not see anything here that touched on maintenance of the front yard swales and said average citizens want to hear what their stormwater assessment is going to do to relieve their individual problems. Mr. Moulton said the models only show the primary system which does not include the front swales, but the idea is that fixes to the pdmary system will relieve the secondary systems. Mr. Groetke said scenarios can be presented in the final report which exhibit what different methods can relieve and will cost. 9. CONSENT AGENDA All items on the consent agenda are considered routine end will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 11/13/02 Regular Meeting Authorize Councilman Coniglio's Attendance at Florida League of Cities Local Government Leadership Class Viii- 2003 (City Clerk Transmittal 11/21/02, Form) Resolution No. R-02-56 - Vacation of Easement - Duffy, Lots 6 & 7, Block 221, Sebastian Highlands Unit 8 (GMD Transmittal 12/4/02, R-02-56, Map, Staff Report, Application, Letters) Regular City Council Meeting December 11, 2002 Page Six D AFT a RESOLUTION Of THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 6 & 7, BLOCK 221, SEBASTIAN HIGHLANDS UNiT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 02,080 Resolution No. R-02-57 - Finding Deteriorated Economic Conditions In the CR512 Triangle Area (GMD Transmittal 12/5/02, R-02-57) 02.251 53-58 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FINDING BLIGHT IN THE CR 512 TRIANGLE AREA AND DECLARING A NECESSITY FOR REHABILITATION AND REDEVELOPMENT; PROVIDING FOR EFFECTIVE DATE. Authorize the Release of the Unity of Title - Ed Arens, Lots 19 & 20, Block 226, Sebastian Highlands, Unit 6 (GMD Transmittal 12/4102, Release, Letter, Surveys) 02.210 59-62 Authorize the Mayor to Execute Interlocal Agreement Between indian River County and the City of Sebastian for Small Business Impact Fee Abatement Program (City Attorney Transmittal 11/15/02, Agreement) 02.252 63-80 02.253 81-84 02.254 85-88 02.255 89-90 02.256 Authorize the Execution of the Proposed Legal Services Consultant Agreements with both NABORS, GIBLIN & NICKERSON, P.A. and SANDERS & DEMPSEY, LLP (City Attorney Transmittal 12/5/02, Agreements) Approve Thursday Night Bridge Group Christmas Party Request at Yacht Club on Thursday, December 19, 2002 from 6:30 to 10:00 p.m. A/B (Public Works Transmittal 12/4/02, Application) Approve Wedding Ceremony at Community Center on February 1, 2003 from 5:00 to 9:00 p.m. A/B (Public Works Transmittal 12/4/02, Application) Waive Bidding Procedures and Authorize a Three Year Contract Between the City of Sebastian and Total Print, Inc. for the Printing of The City's Community Newsletter (Pelican Brief) in the Amount of $8,700.00 Per Year (City Manager Transmittal 12/3/02) Authorize the Expenditure, Not to Exceed $62,000 for the Purchase of Diesel and Unleaded Fuels from Port Petroleum as Per the St. Lucie County School Board Term Contract as Described (GSA Transmittal 12/4/02, Bid Tab, Bid Award, Contract) Oegular City CouncilMeeting December11,2002 Page Seven 02.257 L. 02.258 M. 02.259 N. 02.260 O. Authorize the Purchase of a Long Arm Tractor from Nortrax for $95,278.11 Pursuant to State Contract and Appropriate $20,278.11 from the Discretionary Sales Tax Un-appropriated Funds (Stormwater Engineering Transmittal 12/4/02, Quote, Picture) Authorize Three Year Unit Price Contract Between the City of Sebastian and Allied Tube and Conduit, Lowest Bidder to Supply Traffic Sign Posts and Accessories on As Needed Basis (Engineering Transmittal 12/4/02, Bid Tab) Authorize the Appropriation of $7,500.00 and Approve the Purchase of Integrated Security Management Software and Video Badging System from Security One Systems, Inc. in the Amount of $10,067.40 (Airport Transmittal 12/5/02, Bid Tab) Authorize the payment of $25,650 to Environmental Land Management Corporation for Off-Site Wetland Mitigation at Sebastian Municipal Airport (Airport Transmittal 12/5/02, Invoice) Mr. Barczyk removed item A. MOTION by MajchedBarczyk "1 move to approve consent agenda items B-O." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 5-0 Item A Mr. Barczyk noted on the last page of November 13~h minutes he meant for the yacht club boat ramp to be pressure cleaned. Also he would like to see a permanent prohibition of parking on one side of Coolidge Street. MOTION by Barczyk/Hiil "Move to approve agenda item A as amended." Regular City Council Meeting December 11,2002 Page Eight D AFT ROLL CALL: Mayor Barnes - aye Mr, Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 10. 02.053 PUBLIC HEARING Second Public Hearinq - Resolution No. R-02~50 Authorizinq the Florida Small Cities Community Development Block Grant Neiqhborhood Revitalization Application (City Mana.qer Transmittal 11/4/02, R-02-50, ad) A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF SEBASTIAN=S FISCAL YEAR 2003 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REVITALIZATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The City Attorney read the Resolution by title and the City Manager briefly explained the re-submittal of the grant application. Mayor Barnes opened the public hearing, however there was no input. MOTION by Majcher/Coniglio "Move to adopt resolution No. R-02-50." ROLL CALL: Mr. Hill - aye Mr. Bamzyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 5-0 eAuthorize the Commitment of a $350,000 Match from the City of Sebastian's FY 2002-2003 Budget for the Louisiana Avenue Area CDBG Improvement Program (City Manager Transmittal 11/4/02) MOTION by MajchedConiglio "Move to authorize the commitment of $350,000 matching grant from the City of Sebastian's FY2002/2003 Budget for the Louisiana Avenue Area CDBG Improvement program." I~egular City Council Meeting ecember 11,2002 Page Nine ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carded 5-0 02.005 127-156 First Public Hearinq Ordinance No. O-02-18- Implementinq a Telecommunications Tower Requlatory Ordinance - 2nu Headnq Scheduled for 1/8/03 (GMD Transmittal 12/4/02, O-02-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. 1st reading 11/13/02, PH 1/8/03 The City Attorney read the ordinance by title and the Growth Management Director briefly described the ordinance language. Mayor Barnes opened the public hearing, however there was no input. MOTION by Barczyk/Majcher "Move to hold a first public hearing for Ordinance No. O-02-18 and schedule a second public headng for January 8, year should be 2003, I believe, as corrected." ROLL CALL: Mr. Barozyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Roll Call carried 5-0 Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:43p.m. All members were present. Mayor Barnes reported that the motion on the City Hall complex did not include the amount or appropriation and asked for a corrected motion. Regular City Council Meeting December 11,2002 Page Ten MOTION by Barczyk/Coniglio "Correction then on my motion. Move to authorize new city hall and police facility expansion and renovation project, further authorize agreement for amhitectural services for phase II and III with REG Architects, Inc., for a fee of not to exceed $607,078 as described, and appropriate funds for the same." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call carried 5-0 02.247 157-162 Second Readin.q and Public Hearinq Ordinance No. 0-02-19 - Modifvin,q the Accessory Structure Requlation Section of the Land Development Code (GMD Transmittal 12/4/02, O-02-19~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-7.5 ACCESSORY STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 1st reading 11tl 3102 The City Attorney read the ordinance by title and the Growth Management Director briefly described the ordinance language. Mayor Barnes opened the public hearing, however there was no input. MOTION by Barczyk/Coniglio "Hold second reading and public hearing and move to pass Ordinance No. O-02-19. ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 5-0 l0 oRegular City Council Meeting December 11, 2002 Page Eleven D AFT 02.224 D. First Readinq and Transmittal Hearinq for Ordinance No. O-02-20 - An Ordinance Amendin.q the Comprehensive Plan Capital Improvements Element (GMD Transmittal 12/4/02, 0-02-20, Improvements) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the ordinance by title and the City Manager said the recommendation initiates the capital improvements program and will bring the City into full compliance with the Department of Community Affairs. Mayor Barnes opened the public hearing, however there was no input. MOTION by Coniglio/Barczyk '1 move 'staff recommendations'." Mr. Coniglio pointed out the motion included transmittal to the Dept. of Community Affairs. ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 02.124 Resolution No. R-02-55 - Uniform Method of Coliectinq Non- Ad-Valorem Assessments (Finance Transmittal 12/5/02, R-02-55) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS FOR SOLID WASTE COLLECTION SERVICES; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING HEREOF; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the resolution by title and the City Manager stated this allows the City to collect non ad-valorem assessments if the question relative to solid waste collection passes. Mayor Barnes opened the public hearing, however there was no input. Regular City Council Meeting December 10, 2002 Page Twelve MOTION by MajchedBarczyk "Move to adopt resolution No. R-02-55." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carded 5.0 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered w~thin the previous six months which is not otherwise on the agenda - sign-up required- limif of 'i0 minutes each speaker None. 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Construction Board 02.051 Interview, Unless Waived and Appoint One Reqular Member, Enqineer or Architect, Position (City Clerk Transmittal 11/19/02, application, ad, board member list) City Council interviewed Michael Wolf. MOTION by BarczyldConiglio "Move to appoint Mr. Wolfe, to the-is he going as an alternate or regular member--regular position on the construction board until 9/30/2003." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 12 ~Degular City Council Meeting ecember 10, 2002 Page Thirteen B. Temporary Parks & Recreation Advisory Committee 02.115 Interview, Unless Waived and Appoint One Reqular Member Position Who Resides in District B and One Reqular At-La .n:le Member Position (City Clerk Transmittal 11/19/02, applications, ad, board member list) It was noted that both applicants were qualified to apply for the at-large position, however, neither was eligible for District B and that position will be re-advertised. Ms. Keaton was interviewed by Council. MOTION by Coniglio/Majcher "1 make a motion to appoint Ms. Keaton to the regular member position--I'm sony the regular at-large member position to expire January 1st, 2005." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 5-0 12. OLD BUSINESS 02.079 Authorize the Purchase of the Velocity Service Center Facility from A & B Enterprises, Inc. for a Lump Sum Payment in the Amount of $280,000, Subject to all Conditions as Outlines in the Attached Proposal (Airport Transmittal 12/5/02, Aqreement) The City Manager recommended authorization and the City Attomey noted the submittal of page two of the agreement during the recess, and described a layout map (see attached) which shows how the agreement will be set up. MOTION by Coniglio/Hill "1 move to approve the purchase of the Velocity Service Center Facility from A & B Enterprises, Inc. for a lump sum payment in the Amount of $280,000.00 subject to all conditions as outlined in the attached proposal." Regular City Council Meeting December 11,2002 Page Fourteen ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye DRAFT Roll Call carried 5-0 The City Manager advised council a wdtten proposal was submitted to the other project tenant before the Thanksgiving holiday. 02.261 Request by Herbert Sturm to Remove Recorded Lien on Property Located at Lot 4, Block 62, Sebastian Hiqhlands Unit 2 - Code Enforcement Case Nos. 92-6345, 92-6348, 92-6418, 92-64'36 (City Manager Transmittal 12/2/02, 11/14/02 Sturm letter; 9/13/00 minutes; 8/23/00 transmittal; 5/27/98 Settles memo; 5/27/98 minutes; chronoloqical list; recorded orders) The Chief of Police reported that Code Enforcement looked at Mr. Sturm's property from his driveway and everything appears to be in compliance at this time. The City Attorney said Council can forgive whatever it wants, and asked that any such motion be to remove the debt rather than releasing a lien on specific property. MOTION by Coniglio/Majcher "l make a motion to forgive." Mr. Hill expressed concern that this was the catalyst of all Mr. Sturm's problems and wondered why it could not have been done eadier. ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call carried 5-0 14 Regu]a~ Ci~yCounci]Mee~ng ~ecember~,2002 ~Pa~e F~een 13. 02.044 NEW BUSINESS Resolution No. R-02-53 - Re.qardinq Reimbursement of Certain Costs Relatin,q to the Acquisition and Construction of Certain Capital Improvements Involving the City Hall Complex Expansion/Finance Transmittal 12/3/02, R-02-53, Memo) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REGARDING INCURRENCE OF DEBT AND REIMBURSEMENT OF CERTAIN COSTS RELATING TO CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS INVOLVING CITY HALL COMPLEX; PROVIDING FOR EFFECTIVE DATE. The City Manager discussed this and the next agenda item relative to bond opportunities for the proposed capital improvements at this time due to Iow interest rates. The Finance Director said cost efficiency and reduction of insurance costs is the reason for doing both of these bonds at the same time. He described the process which will result in selling the bonds in March or April. In response to questions from Council he cited a current rate for the city hall complex of 3.97% and 4.45% for stormwater, said the 9.5 million for the complex will include all improvements for the new city hall, existing city hall building, police facility expansion, furniture and funds left over for improvements to the nine acres behind city hall. Discussion followed on EPA 319 grants and other agencies moving projects ahead in light of current economic conditions. The City Attorney said the stormwater money would have to be used or else it would have to be returned as stated in the ordinance. MOTION by Barczyk/Majcher "Move to approve Resolution R-02-53." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 5-0 Regular City Council Meeting December 11,2002 Page Sixteen 02.016 B. 14. 16. Resolution No. R-02-54 - Reqardinq Reimbursement of Certain Costs Relatinq to the Acquisition and Construction of Certain Capital Improvements Involvinq Stormwater Utilities (Finance Transmittal 12/5/02, R-02-54, Memo) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REGARDING INCURRENCE OF DEBT AND REIMBURSEMENT OF CERTAIN COSTS RELATING TO CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS INVOLVING STORMWATER UTILITIES; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title, MOTION by Hill/Majcher "1 move to approve Resolution No. R-02-54." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 CITY ATTORNEY MATTERS The City Attorney said the Supreme Court requires attorneys to do so much pro bono work per year and he requests to represent his church in a probate matter. He asked Council's permission to act as the attorney on record to probate an estate which will benefit his church. VOICE VOTE carried 5-0. 15. CITY MANAGER MATTERS Wished everyone a happy holiday. CITY CLERK MATTERS Wished everyone a happy holiday and peaceful 2003. aegUlar City Council Meeting ecember 11,2002 ge Seventeen 17. CITY COUNCIL MATTERS A. Mayor Barnes Wished everyone a happy holiday and peace on earth. 02.010 Appoint Member to IRC Parks & Recreation Committee Mayor Barnes said this should be advertised, was advised that Mrs. Barozyk and Mrs. Jessup from the City Parks and Recreation Committee were interested, and he requested that this item be put on a January agenda for interview of applicants. 02.235 Report on Strateqic Planninq Process Mayor Bames briefly reported on the Strategic Planning Process that he attended on November 14, 2002, and which will result in a one page vision statement which will be presented in the near future for Council. 02.067 Appoint Two Additional Members to MPC Technical Advisory Committee Appointed Tracy Hass and Jason Milewski as the additional technical committee members. 02.067 Appoint One Additional Member to MPC Citizen Advisory Committee Advised that this item also be advertised and brought back in January for interview of applicants. Congratulated the City Clerk on achieving her second sustaining level with her certification. He recommended drafting a letter to MPC requesting that Fleming Street extension project be moved up a notch on the proposed plan and received full consensus of Council. B. Mr. Hill Wished everyone and safe and happy holiday. Regular City Council Meeting December 11,2002 Page Eighteen C. Mr. Maicher Reported on a call about the committee formed to review the County water assessment and inquired of the Attorney what they had found. The City Attomey said the group found the City had pretty much given away its authority and the group fell apart. D. Mr. Barczyk Described handouts he distributed prior to the meeting relative to growth in Indian River County, and St. Johns River Water · Management. Said he attended a FAA Study on Noise Abatement meeting this morning and that Jason Milewski will be a member of the board. There will also be another member from the city announced in late January or early February along with meeting times and dates. E. Mr, Coniqlio Asked about placing Tut Conneily's letter regarding advisory committees on a future agenda, Concern about FEC Railroad barricades on Main Street. The City Attorney said they are asserting their turf on the east side of the tracks. Mr, Coniglio suggested a letter be sent asking for breakaway access for emergency vehicles. The City Attorney said the City could legally not require it since access to the buildings is from the front. The City Manager stated he would continue verbal discussions with the Railroad, Requested that committee reports and recommendations be moved up on the agenda so people won't have to sit and wait for interview so long. Council agreed to move it to dght after the consent agenda. He wished everyone a merry Christmas. 18. Being no further business, Mayor Barnes adjourned the meeting at 9:52 p.m. Approved at the Regular Council Meeting. Walter W, Barnes Mayor Sally A. Maio, CMC City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject City Clerk Travel Agenda No. ~)~.OO2 Department Origin: City Clerk"~  Date Submitted: 12/13/02 ~. y~,~~ For Agenda of: 1/8/03 Exhibits: Florida Institute of Govemment Course Information Expenditure Required: Amount Budgeted: Appropriation Required: Training/Education: $180 Training/Education: $1,160 Travel: Travel: $2,523 SUMMARY STATEMENT In accordance with Code of Ordinances Section 2-77, Charter Officers are required to seek prior approval for travel for which they will request reimbursement. I am requesting approval to attend three Florida Institute of Government one-day seminars at Palm Beach Community College relative to management and professional development. The dates of the travel will be January 30, May 13, and May 14, 2003. Cost for registration for all three will be $180 and travel costs will be only those incurred for use of personal vehicle. RECOMMENDED ACTION Move to approve City Clerk travel to Florida Institute of Government sponsored seminars at Palm Beach Community College as requested. Florida Institute Of Government PALM BEACH COMMUNITY COLLEGE DMSION OF CAREER AND TECHNICAL EDUCATION [] SPECIAL PROGRAMS [] Competitive Grant Development Strategies Leadership Strategies for the 21st Century Professional Development Skills for Success TM Head Games Confrontation Management v//'Dealing With Change In Your Life and Your Work Grammar Refresher for Professionals The Seven Habits of Highly Effective People: An Overview Records Management Certification [] TECHNICAL ASSISTANCE [] Public Records and Information Management Planning Kaizen Workshop (Business Process Improvement Program) "Promoting excellence in government and nonprofit agencies through n~.,~c,~**ir~,~l ~,~,l,~nrnt~nt rrainine, and technical assistance" HOM% O]~ PEXZ~U~1 ~ City of Sebastian, Florida Subject: Hardee Park trail 'lighting Appro~d for S~lb~mJ.,'ttal by: Terre M re, C er~ A~e. da No. © 3. 003 Dep~ t~e.t Ori~i..~P]~blic W~,~/j? Date SubdUed: 01 / 0~03 For Ag~da of: 01/08/02 Exhibits: Bid Tabulation: Letter from Parks & Rec. Committee EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $17,740 00 · $ 34,000. O0 REQUIllED. SUM~IARY The City sent out bids for the Hardee Park trail lighting. Florida Bulb and Ballast submitted the lowest bid for the project. Their total'bid was $17,740.00 for the lighting of the trail. Staff has checked Florida Bulb and Ballast's references and they are a good reputable company. RECOMIVIENDATION Move to award Hardee Park Trail Lighting Bid to Florida Bulb .~ ,:: and Ballast for the amount of $17,740.00. Parks & Recreatiott Advisory Committee City of Sebastian, Florida Communication October 31, 2002 Kc: Presentation and Public Hearing Hardee Park The pasks and Recreation Advisory Committee, having met on October 28, 2002, has received the conceptual drawings for plan~ regarding Hardee Park on Barber S1xeet, in the City of Sebastian. At our regt~lar meeting of that date, feedback was provided in the form of both the pubfic and the Cor~rnittees comments.' The plan included low-intensity hghting along the paths, improvement of the warm up area and landscaping around the newiy constntcted rest room. The Cornmittee recommendations and cerements include the following: c2 Lighting - We agree that the planned 12-15 ft lights should be focused / direct lighting, available on timer devices from dusk to approximately 10 PM.. u Warm Up Area - We concur that refuFoishing is necessary [] Landscaping - We concur that landscaping mound the rest rooms would be appropriate. u Paths - We concur that the paths should be refurbished with the same materials that are now being used, having proven their resilience, but requiring timely maintenance, as suggested by the Pa~ks Superintendent. n l~ark Benches - We recommend that strong benches be placed along the paths to allow for rest and to p~tmit residents to enjoy the landscape and lake. [] Handicapped Walking Path - We recommend that a section of the w~]lfin§ path be paved cad painted '~handicap blue," to address the needs of residents who must use wheelchai~ or walkers, n.nuitable for the grovel terrain that presently is used for the pathways. Th~s recommendation was i~fialty made at meetings that were made part of. the Committee l~eport for. Phase 1 - 2002-3. u Signs - We als0 recommend appropriate signs be used to designate the wallh.g area as handicap accessible. Best of luck in bringing these plans to fruition in the near future. Submitted on behalf of the Comra~ttee: - ~ Bill Ingui u Zone A Representative and Chakperson 2ommiO~,~ Members: Zone B p. epra~eatative Edward Wkite .~eerme ~essup Jay'ac Baxczyk ]ayn~ Barczyk Zone C Representative Zone D Kegresentative Zone D I~epresentat~ve Julian~e Bm~¢t~ Regular a~-Large Member Elizabeth Gray Alternate Member City Liaison/Parks Superintendent - Chris McCarthy City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Agreement between Barbour Multimedia, Inc. and the City of Sebastian for Special Event Videotaping Services Approved for Submittal by: City Manager Agenda No, O,~,OOq Department Origin: City Clark's Office Date Submitted: 1/2/03 For Agenda of: 1/8/03 Exhibits: agreement Expenditure Required: Amount Budgeted: Appropriation Required; SUMMARY STATEMENT The City currently has an agreement with Barbour Multimedia, Inc. to tape the public Council meetings at a specific price. It has become necessary to define a pdce to videotape special events sponsored by the city. RECOMMENDED ACTION Approve the agreement between the City of Sebastian and Barbour Multimedia, inc. dba Barbour Multimedia Productions. AGREEIV[ENT FOR VIDEOTAPING SERVICES TI~S AGREEMENT entered into this __ day of January, 2003, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and Barbour Multimedia, Inc. d/b/a B~rbour Multimedia Productions (hereinafter called "BARBOUR"), provides that WIIEREAS, CITY is in need of a professional specialist to videotape designated public events of the City of Sebastian; and WHEREAS, due to the nature of this assignment, a local business can best serve this need; and WI:IEREAS, BARBOUR provides such services for the CITY in taping designated public meetings and has the professional expertise required to perform these additional services; TI~EREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. BARBOUR will videotape designated City of Sebastian activities and events as requested by the City Manager and City Council, and edit the same into thirty minute informational TV programming. 2. BARBOUR shall provide all necessary audio and video recording equipment for use in the performance of this Agreement. 3. The term of this Agreement shall be for one year, with automatic annual extensions unless either party gives thirty days written notice prior to any annual renewal date. 4. Notwithstanding the term described above, either party can terminate this Agreement for any reason with ninety days written notice to the other party. 5. BARBOUR will deliver to the City's designated liaison the final videotaped product labeled with event and date information. 6. BARBOLIR is an independent contractor, and the personnel performing these services shall be employees of BARBOUR and not the CITY. BARBOUR shall provide any required worker's compensations coverage for said employees as well as any required hcenses or other regulatory requirements. BARBOUR agrees to indemnify, defend and hold CITY harmless from any and all claims of any nature brought by its employees or agents in the course of performing BARBOLrR's obligations under this Agreement, or from any claims by any persons arising from the wrongful acts of BARBOUR's employees or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity. 7. BARBOUR shall be compensated at the rate of $800 for each thirty minute TV program for a special event videotaped and edited for the CITY. AGREED to on the date first set forth above. CITY OF SEBASTIAN, a Florida municipal corporation Approved as to Form and Content for Reliance by the City of Sebastian Only: By:. Terrence R. Moore, City Manager Attest: R/ch Stringer, City Attomey Sally A. Maio, CMC City Clerk (seal) Barbour Multimedia, Inc. d/b/a Barbour Multimedia Productions By:. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Construction Board Appro~Submittal~/d~~'''/'~bi: ~itY Manager Agenda No. Department Origin: City Clerk's Office(~ Date Submitted: 1/2/03 For Agenda of: 1/8/03 Exhibits: application ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The Construction Board has an alternate concerned citizen position with an unexpired term open due to Mr. Wolf's appointment to the regular member position. RECOMMENDED ACTION Interview applicants, unless waived, and appoint to the following position: 1. Alternate concerned citizen member position to expire 9/30/2004. REOEIVED 01TY OF SEBASTIAN 0FFIOE OF CITY CLERK APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: E/~',~/ be, _~z~t//~; HOME ADDRESS: '~¢ O /_-~/m//v'/ ~ ~. t... ~ HOME PHONE:7 ?J-~¢-~9¢.'~- HOME FAX: BUSINESS: /'~£7-/,~E'z:, /~¢~.,'~ ,,°/~,~¢.. /~--//.~d.~,4 CT 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 COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR VVHICH 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 200o~ CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) 'CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMrI-FEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI'i-I'EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? YEF~ 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 truthfulnees 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 comj;r~ttee is available if requested. Applicant Signature Subscribed and sworn to before me this'3~ ,,"Jo/_~/.'~. day of~"'--' '- LJCCC~')~I","~'~"&Cf. gU..x~. by ~/~ ~J~ who is personally known to me, or has produced '~ as ~L ~'IV~J ~1 ~ ~ ident~cation. N~a~ Public, State of Florida \wp-form~applicet.wpd rev. 5/2002 RESI~qV[E SOt~ed pral~tems arisi~ag in ipr~ duc4iOn ~ from: ~o~[ing :~:~ljght .t~st ~ :~ait~ 'in: ~tfi~ld. SOtWfl: smO~ :~ofl~nfie ~ prob}~ ~.~e ~a~m~.' :Work~Ofi Aer0s~10~el~inme :oil~ m~ Ol&r:~mfafi in ~e riel& for se~ee. Resume ofElwin W. Davis Page 2 I served on the MRB throughout the plant for many years. I retired in 1984. Martin Marietta corp., Orl. Fl. April 1961 to April 1966 Value En~neer Reviewed design drawings to reduce cost without compromising integrity. Allegany Instrument Co., Cumberland, Md. Design Engineer on missile test stands and optical systems Promoted to Superintendent of the manufacturing facility with a 65 man machine shop. C. L. Berger Instrument Co. [now known as CST/Berger ] In charge of a small en~neering department desig-ning surveying equipmem and optical ali~ment items. Metropolitan District Sewage Commission Assistant Chief Engineer Aided Clfief Engineer m overseeing construction of a mink line sewer project m the Boston area. Resume of Elwin W. Davis Pg 3 Education Northeastern University, Boston, Mass. Mechanical Engineering 1953, BA in Eng/neermg Management ~958, both with honor Rollin.q College, Winter Park, Fl. MBA 1964, Thesis on Numerical controlled machine tools. Personal Born Jan. 31 1927. Married with two grown children Fhght Experience Hold CFII, Single and Multien~ne Land References on request Residence: 40 Bimini Circle, Sebastian Fl. 32958 Phone: 772-589-4965 Email: davisemafl~juno.com DEC~ER t3, 2002 PRESS RELEASE CONSTRUCTION BOARD THE CITY OF SEBASTIAN IS SF~ING APPLICANTS TO i~'TLT. AN UNEXPIR'RD ALTERNATE CONCERNED CITrZmN MEMBER POSITION ON THE CONSTRUCTION BOARD WITH TERM TO EXPIRE 9/20~4. Al 3. BOARD MEMBERS MI3ST BE CITY OF SEBASTIAN RESIDENTS. THIS BOARD 1V~.]~.TS ON TI~ SECOND TUESDAY OF I:;ACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAmABLE IN THE CITY Ct.~.RK'S OFfiCE, CITY HALL, 1225 MAIN STRA'~r, SEBASTIAN, BETWEEN Tt~ HOURS OF 8:00 AM AND 4:30 PM AND WILl. BE ACCEFrED THROUGH TUESDAY, DECEIvIBER 31, 2002. CONSTRUCTION BOARD 3 YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M. MEMBER NAME AND POSITION APPOINTMENT HISTORY ADDRESS James G. Schmitz Electrical Contractor Appointed Alternate 1618 Quaker Ln Position Contractor Sebastian, FL 32958 Position Vacated by Chuck 388-1493 H Neuberger: 3/13/2002 Term to Expire:9/30/2004 Appointed Regular Member Electrical Contractor Vacated by Chuck Neuberger: 7/24/2002 Term to Expire: 9130/2004 '1~t Regular Member Year Stuart A. Houston Regular Concerned Appointed to Concerned 995 George Street Citizen Position Citizen Regular Position Sebastian, FL 32958 Vacated by James Morris: 581-7626 9/13/2002 Term to Expire; 913012005 Is in 1~t Regular Member Year Frank A. Garland, Jr. Plumbing Contractor Appointed Plumbing 449 Ponoka Street Position Contractor Sebastian, FL 32958 Regular Member Position 589-3020 Vacated by Herbig: 11/8/2000 Term to Expire: 9/3012003 Is in 2nd Regular Member Year Michael D. Wolf Engineer or Architect Appointed Regular Member 910 Majestic Ave. Unexpired Engineer Position Sebastian, FL 32958 of Al]occo 12/11/02Appointed Alternate Concemed 388-2223 H Citizen Term Vacated by 388-0629 FAX Pierre Paquette: 3/13/2002 Term to Expire: 9/30/2003 Is in l st'Re~ular Member Year and 1°` full term 83 Meredith Fox Regular Contractor Appointed Regular Member 11301 Roseland Road Position Contractor Position Vacated Sebastian, FL 32958 By William Doyle: 6/23/99 388-5706 H Unexpired Term to Expire: 91303747 Cell 9/30/2000 Reappointed Regular Member Contractor Position: 9/13/2000 Term to Expire: 9/3012003 Is in 4th Regular Member Year Louis W. Nicolini HARV Contractor Appointed Harv Contractor 1162 Croquet Land Position: 10/14/98 Sebastian, FL 32958 Term to Expire: 9/30/2001 388-5764 Reappointed HARV Contractor Position: 9/26/2001 Term to Expire: 9~30~2004 Is in 2nd Full Term and 5th Regular Member Year R. Scott Taylor Regular Member Appointed Alternate 117 Arcadia Drive Contractor Contractor Sebastian, FL 32958 Position Vacated by Heame: 589-0123 H 10/14/98 Term to Expire: 9/30/2001 Appointed Regular Member Contractor Position of Thomas Cecrle: 9/13/2000 Term to Expire: 9~30~2003 Is in1~ Furl Term - 3rd Regular Member Year Term to Expire: 9/30/2004 ~/,~~ Alternate Concerned Citizen Position Edward B. White Alternate Contractor Appointed Altemate 129 Dock Avenue Position Contractor Sebastian, FL 32958 Position Vacated by James 589-4431 Schmitz: 7/24/2002 Term to Expire:9/30/2004 BOARD SECRETARY - Kathy Nappi City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Parks & Recreation Advisory Committee Ap~or Su ~~y Manager Agenda No. O,~, ~O~ Department Origin: City Clerk's Offic~/~ Date Submitted: 1/2/03 For Agenda of: 1/8/03 Exhibits: application, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The Parks and Recreation Advisory Committee has an unexpired term open in "District B" due to the resignation of Mr. White This committee was adopted by Resolution and ia scheduled to automatically disband in September 2003, unless Cf~y Council re-establishes it by resolution or ordinance. All odginal appointments were made for three years, therefore we will maintain the odginal expiration dates until such time as Council determines whether or not to re-establish. RECOMMENDED ACTION Interview applicant, unless waived, and appoint to the following position: Regular member position who resides in District B to expire 1/1/2005. APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) RESIDENT OF THE CITY OF SEBASTIAN? y~ ~ HOW LONG?,.~-r..~D.~,. ,RRENTLY HOLD ANY PUBLIC OFFICE? ~,J O :ESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? kRDS/COMMITTEES? ,~j ~ IECK THE BOARDS FOR VVHICH YOU ARE INTERESTED IN SERVING IN PREFERENCE WITH FIRST CHOICE BEING #1: RTER REVIEW COMMI3-FEE (serves only 6 months every 7 years - meets next in 2000) ~.ENS BUDGET REVIEWADVISORY BOARD (temporary) E ENFORCEMENT BOARD (permanent board) STRUCTION BOARD (pen'nenent board) DICAPPED SELF-EVALUATION COMMITTEE (permanent board) dNING AND ZONING COMMISSION (permanent board) CE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI'rTEE (if applicable) ~r~ (WRITE IN CO_ MMITTEJ~.N~AME)_ APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WA~TING TO SERVE ~N BOARD OR COMMI~EE: i ~ 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 MOP, AL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONS DER 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 Code of Ordinances Sections 2-166.~1t"~"~ 2-173 (attached). Information reiafive to a specific bcard or co~ee~f~~ Applicant S~natum ~./< / Subscribed and sworn to before me this ,..~//~¢'~ day of ~)~/g'~,f', ~ , by who is personally known to me, or ha.___s produced as identification. ~ \wp-form~applicat.wpd rev. 5/2002 CITY DECEMBER 13, 2002 PRESS RELEASE TEMPORARY PARKS AND RECREATION ADVI;.~ORY COMMITTEE THE CITY OF SEBASTIAN IS Sk-u:~ZING APPLICANTS TO Fr[.L A I~)SITION TO REPRESENT '~DISTRICT B" ON THE PARKS AND RECi~BATION ADVISORY COMIvEITI~. THIS IS AN UN UNEXPIreD P~GULAR MF_2~ER POSITION WHICH WH ,r. EXPIRE 972003. DISTRICT B IS GENERALLY IN ~ NORTHF~ST QUARTI~ OF THE CITY, PLEASE CONT.~.CT THE CITY CLERK~; OFFICE FOR EXACT LOCATION. QUALIFICATIONS: RESIDENT OF THE CITY OF SEB.&STIAN IN DISTRICT B. THIS COMMITTEE MIR. lq. TS ON THE FOURTH MONDAY OF EACH MONTH AT 5:30 PM IN THE COUNCIL CHAMBF_.RS, 1225 MAIN STR R~.T, SEBASTIAN. APPLICATIONS APE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, · 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOERS OF 8:00 AM AND 4:30 PM AND WIT .l. BE ACCEPTFJ') THROUGH TUESDA Y, DECEM]]F_.R 31, 2002. TEMPORARY PARKS & RECREATION ADVISORY COMMI'I-I'EE 3 YEAR TERMS (This committee automatically disbands in September 2003 unless re-established by resolution or ordinance) MEMBER NAME AND ADDRESS William Ingui 626 Layport Drive Sebastian, Florida 32958 581-0166 DISTRICT TERMS REPRESENTED District A Vacant District B Appointed: 1/1/2002 Term to Expire: I/1/2005 Ed White Appointed 5/22/02- Resigned 11/02 (Replaced R.Roguski) Term to Expire: 1/1/2005 Jeanne Jessup 115 Harbor Point Drive Sebastian, Florida 32958 581-5835 Distric{ C Appointed: 1/1/2002 Term to Expire: 1/1/2005 Jayne Barczyk 609 Caravan Terrace Sebastian, Florida 32958 388-1949 District D Appointed: 1/1/2002 Term to Expire: 1/1/2005 Jessica Keaton 474 Ponoka Street Sebastian, FL 32958 589-8536 Regular At-Large Member Appointed 12/11/02 Julianne Barrett Appointed 1f1/02 Resigned 10/28/02 Term to Expire: 1/1/2005 Elizabeth Ann Gray 644 Layport Drive Sebastian, Florida 32958 589-0248 Alternate Member Appointed: 1/1/2002 Term to Expire: 1/1/2005 BOARD SECRETARY, LINDA KINCHEN 89 City of Sebastian, Florida Subject: Second public hearing for Ordinance No. O-02-18, implementing a telecommunications regulatory ordinance. Approved for Submittal by: Agenda No. ~)2,005 Department Origin: Growth Management Tracy E. Hass ~/~ Date Submitted: January 2, 2002 For Agenda of: January 8, 2002 Exhibits: Ordinance O-02-1 g EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIR_ED: None SUMMARY Per City Council direction, and following an extensive research and formulation period, staffand the Planning and Zoning Commission have completed the task of developing the City's first telecommunications ordinance. Said ordinance will provide the City with an effective tool in governing placement of such facilities, as well as provide staff with guidelines with which to facilitate appropriate design of the sometimes imposing facilities. Within the text of the ordinance you will note that specific design guidelines have been implemented to create less imposing structures, so as to hopefully create lesser impacts to the community. One such way of accomplishing this is for the applicants to develop alternative tower structures, or those that are disguised and not easily recognizable as telecommunications towers or facilities. Additionally, specific siting criterion has been included in the ordinance affording the City the ability to better dictate appropriate locations for telecomm facilities. The ordinance also contains a provision for the City to hire and independent consultant, at the developer's expense, for review of techuical data in relation to required application data. RECOMMENDED ACTION Hold the second public hearing and move to adopt Ordinance No. O-02-18. ORDINANCE BIO. 0-02-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, A_MENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR TELECOMMUNICATIONS .F. dCH.,IT1ES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVER. ABILITY AND EFFECTIVE DATE. WHEREAS, pursuant to Section 2Co), Article ~ of the Florida Constitution and Chapter 166, Florida Statutes, the City of Sebastian is authorized and requ/red to protect the public health, safety and welfare, and may exercise any power for any governmental purpose except as expressly prohibited by law; and WHEREAS, pursuant to said authority and Florida Statutes 163.3202, the City has enacted land development regulations consistent with its adopted Comprehensive Plan, which protect the quality of life in the City of Sebastian; and WHEREAS, good land planning and concern for the quality of life in our City dictate that reasonable regulations be in place regarding location and criteria for commercial communication towers; and WHEREAS, the regulations promulgated herein protect said public interest in a nondiscriminatory manner in balance with the need of the public for telecommunication services; NOW, TI4-EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.1, which said section shall read as follows: Section 54-6-23.1. Purpose. Iu order tO ensure that the placement, construction, and modification of Wireless Telecommunications Facilities protects the City's health, safety, public welfare, environmental features and other aspects of the quality of life specifically listed elsewhere in this Ordinance, the City hereby adopts an overall policy with respect to a Conditional Use Permit for Wireless Telecomratmications Facilities for the express purpose of achieving the following goals: A. Implementing an Application process for person(s) seeking a Conditional Use Permit for Wireless Telecommunications Facilities; B. Establishing a policy for examining an application for and issuing a Conditional Use P=~it for Wireless Telecommunications Facilities that is both fair and consistent; C. Promoting and encouraging, wherever possible, the sharing and/or collocation of Wireless Telecommurfications Facilities among service providers; D. Providing for the appropriate location and development of telecommunications facilities in the City of Sebastian, including prohibition of new telecommunications facilities in areas zoned for residential use; E. Minimizing adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging and promoting use of alternative telecommunication tower smactures as a primary option rather than construction of additional single,- use towers; F. Avoiding potential damage to adjacent properties from tower or antennae failure through engineering and careful siting of telecommunications .tower structures and antennae; and G. Maximizing use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the City. Section 2. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.2, which said section shall read as follows: AA Section 54.6-23.2. Exemptions. The following are exempt fi'om the provisions of this ordinance: A. Emergency Wireless Telecommunications Facility. Temporary wireless communication facilities for emergency communications by public officials. 2 B. Amateur (ham) radio stations. Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC). C. Maintenance or repair. Maintenance, repair or reconstruction of a wireless telecommunications facility and related equipment, provided that there is no change in the height or any other dimension of the facility. D. Temporary wireless telecommunications facility. Temporary wireless telecommunications facility, in operation for a maximum period of one hundred eighty (180) days. E. Antennas as Accessory Uses. Aa antenna that is an accessory use to a residential dwelling unit. Section 3. That the Code of Ordinances, City of Sebastian, Florida, is hereby mended by adding a section, to be numbered section 54-6-23.3, which said section shall read as follows: Section 54-6-23.3. Definitions. For purposes of this Ordinance, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory. A. "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunications Facihties, and located on the same property or lot as the Wireless Telecommtmicafions Facilities, including but not limited to, utility or transmission equipment, storage sheds or cabinets. B. "Alternative Tower Structure" includes, but is not limited to the following: Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. C. Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), and microwave Telecommunications. D. "Applicant" means any Person submitting an Apphcation to the City of Sebastian for a Conditional Use Permit £or Wireless Telecommunications Facilit/es. E. "Application" means th~ Development Order £orm, together with all necessary and appropriate documentation that an Applicant submits in order to receive a Conditional Use Permit for Wireless Telecommtmications Facilities. F. "City" means the City of Sebastian, Florida. G. "Collocation" means the use of the same Telecommunications Tower or structure to can'y two or more Antennae for the provision of wireless services by two or more persons or entities. H. "Commercial Impracticability" or "Commercially impracticable" shall have the meaning in this Ordinance and any Conditional Use Permit granted hereunder as a circumstance which may excuse the applicant or holder from performing a requirement where these three conditions exist: 1) a contingency must ocour; 2) nonoccurrence o£ the contingency must have been a basic assumption on which the requirement was made; and 3) performance must thereby be made "impractical" because of including but not limited to excessive and unreasonable cost. I. "Completed Application" means an Application that contains all information and/or data necessary to enable the Commission to evaluate the merits o/' the Application, and to make an informed decision with respect to the effect and impact of Wireless Telecommunications Facilities on the City in the context of the permitted land use for the particular location requested. J. "Commission" means the planning and Zoning Commission of the City of Sebastian. IL "Conditional Use Permit" means the official document or permit by which an Applicant is allowed to construct and use Wireless Telecommunications Facilities as granted or issued by the City. L. "Direct-to home satellite services" or "Direct Broadcast Service" or "DBS" means only programming transmitted or broadcast by satellite directly to subscribers' premises without thc use of grotmd receiving 4 equipment, except at the subscribers' premises or in the uplink process to the satell~te. M. "EPA" means the State and/or Federal Environmental Protection Agency or its duly designated and authorized successor agency. N. "FAA" means the Federal Aviation Administration, or its duly designated and authorized successor agency. O. "FCC" means the Federal Communications Commission, or its duly designated and authorized successor agency. P. "Free standing Tower" means a Tower that is not supported by guy wires and ground anchors or other means of attached or external support. Q. "Height" means, when referring to a Tower or structure, the distance measured from the preexisting grade level to the highest point on the Tower or structure, even if said highest point is an Antenna. R. "Lattice Tower" A self-supporting communications tower with three or more sides of openframed supports. S. "Monopole Tower" means a cylindrical self-supporting communications tower constructed as a single spire. T. "NIER" means Non-Ionizing Electromagnetic Radiation U. "Person" means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity. V. "Personal Wireless Facility" See definition for 'Wireless Telecommunications Facilities'. W. "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning as defined and used in the 1996 Telecommunications Act. X. "State" means the State of Florida. Y. "Survey" means a survey containing the seal and certification of a properly licensed professional engineer or professional land surveyor. Z. "Telecommunication Site" Telecommunications Facilities. See definition for Wireless AA. "Telecommunications" means the transmission and reception of audio, video, data, and other information by wire, radio fiequency, light, and other electronic or electromagnetic systems. BB. "Telecommunications Structure" means a structure used in the provision of services described in the deSnition of 'Wireless Telecommunications Facilities'. CC. "Temporary" means in relation to all aspects and components of this Ordinance, something intended to, or that does, exist for fewer than one-hundred eighty ( 180) days. DD. "Wireless Telecommunications Facilities" or "Telecommunications Tower" or "Telecommunications Site" or "Personal Wireless Facility" means a structure, facility or location designed, or intended to be used as, or used to support, Antennas, as well as antennas or any functional equivalent equipment used to transmit or receive signals. It includes without limit, the tower compound, fiec standing Towers, guyed Towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an Antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal Telecommunications services, or microwave Telecommunications, but excluding those used exclusively for fire, police and other dispatch Telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar Telecommunications. Section 4. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.4, which said section shall read as follows: Section 54-6-23.4. Pre-application meeting. There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre-application meeting may also include a site visit if required. Where the Application is for the collocation of an existing Telecommunications Tower(s) or other kigh sm~cture, the Applicant should seek to waive any section or sub-section of this Ordinance that may not be required. .Section 5. That the Code of OrdinanCes, City of Sebastian, Florida, is hereby mended by adding a section, to be numbered section 54-6-23.5, which said section shall read as follows: Section 54-6-23.5. Collocation of Wireless Telecommunications Facilities and other structures. 3,. Collocation of existing Wireless Telecommunications Facilities shall be preferred by the City, as opposed to the proposed construction of a new Telecommurfications Tower. Where such collocation is unavailable, location of Antennas on other pre-existing structures shall be considered and preferred. The Applicant shall submit a comprehensive report inventorying existing Towers and other appropriate structures within four (4) miles of any proposed new Tower Site, unless the Applicant can show that some other distance is more reasonable, and outlining opportunities for collocate of existing facilities and the use of other pre-existing structures as a preferred alternative to new construction. B. An Applicant intending to share use of an existing Telecommunications Tower or other structure shall be required to document the intent of the existiug owner to share use. In the event an Application to share the use of an existing Telecommunications Tower does not increase the height of the Telecommunications Tower, City staff shall waive such requirements of the Application required by this Local Ordinance as may be for good cause shown. Section 6. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.6, which said section shall read as follows: Section 54-6-23.6. Location of Wireless Telecommunications Facilities. A. Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenn~ An applicant shall submit information requested by the Growth Management Department related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or altemative technology can accommodate the applicant's proposed antenna may consist of any of the following (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval): 1. No existing towers or structures are located within the geographic area which meet applicant's e~neering requirements. 2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. 3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. 4. The apphcant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development by 25% are presumed to be unreasonable. 6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable mierocelt network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. B. In the event no existing towers or structures are located within the geographic area which meet applicant's engineering requirements, applicants for Wireless Telecommunications Facihties shall locate, site and erect said Wireless Telecommunications Faeihties in accordance with the following priorities, one (1) being the highest priority and three (3) being the lowest priority. 1. ' Collocation on existing Telecommunications Towers or other tall structures; 2. On municipally-owned properties; 3. On other property in the City zoned for either commercial or industrial use only. C. If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. D. An Applicant may not by-pass sites of higher priority by stating the site presented is the only site leased or selected. An Application shall address collocation as an option and if such option is not proposed, the applicant must explain why collocation is Commercially Impracticable. D. Notwithstanding the above, the Commission may approve any site located within an area in the above list of priorities, provided that the Commission finds that the proposed site is in the best interest of the health, safety and welfare of the City and its inhabitants~ E. The Applicant shall, in writing, identify and disclose the number and locations of any additional sites that the Applicant has been, is, or will be considering, reviewing or pla~n~ng for Wireless Telecommunications Facilities in the City. F. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Commission may ~sapprove an Application for any of the following reasons. 1. Conflict with safety and safety-related codes and requirements; 2. Conflict with any historic preservation regulations pertaining to any historical district; 3. The use or construction of Wireless Telecommunications Facilities which is contrary to an already stated purpose ora specific zoning or land use designation; 4. The placement and location of Wireless Telecommunications Facilities which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers; 5. Conflicts with the provisions of this Ordinance. Section 7. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.7, which said section shall read as follows: Section 54-6-23.7. Retention of Expert Assistance and Reimbursement by Applicant. A. The City may h/re any consultant and/or expert necessary to assist the City in reviewing and evaluating the Application and any requests for reccrtification. B. An Applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable costs of consultant and expert evaluation and consultation to the City in connection with the review of any Application. The initial deposit shall be $7,500.00. These funds shall accompany the filing of an Application and the City will maintain a separate escrow account for all such funds. The City's consultants/experts shall bill or invoice the City no less frequently than monthly for its services in reviewing the Application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500.00, Applicant shall immediately, upon notification by the City, replenish said escrow aceomat so that it has a balance of at least $2,500.00. Such additional escrow funds must be deposited with the City before any further action or consideration is taken on the Application. In the event that the amount held in escrow by the City is more lhan the amoullt of the acttlal billing or invoicing at 10 the conclusion of the review process, the difference shall be promptly refunded to the Applicant. C. The total mount of the funds set forth in subsection CB) ofth/s section may vary with the scope and complexity of the project, the completeness of the Application and other information as may be needed by the City or its consultanffexpert to complete the necessary review and analysis. Additional escrow funds, as required and requested by the City, shall be paid by the Applicant. Section 8. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.8, which said section shall read as follows: Section 54-6-23.8. Exceptions from a Conditional Use Permit for Wireless Telecommunications Facilities. A. No Conditional Use Permit shall be required for collocating antennae on existing Wireless Telecommunications Facilities. Additionally, no Conditional Use Permit shall be required for those exceptions noted in the definition of Wireless Telecommunications Facilities, such as those used exclusively for fire, police and other dispatch Telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar Telecommunications. B. All Wireless Telecommunications Facilities legally existing on or before the effective date of this Ordinance shall be allowed to continue as they presently exist, provided however, that any modification to existing Wireless Telecommunications Facilities must comply with this Ordinance. Section 9. That the Code of ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.9, which said section shall read as follows: 11 Section 54-6-23.9. Conditional Use Permit Application and Other Requirements. A. All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any modification of such facility shall comply with the requirements set forth in this section. The Planning and Zoning Commission is the officially designated agency or body of the community to whom applications for a Conditional Use Permit for Wireless Telecommunications Facilities shall be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, or revoking conditional use permits for Wireless Telecommunications Facilities. B. An apphcant for a Conditional Use Permit foi- Wireless Telecommunications Facihties shall either be a hcensed carder or have a licensed carder as a co-applicant that has obtained FCC approval to install equipment on the subject site. C. An Application for a Conditional Use Permit for Wireless Telecommunications Facilities shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the Applicant, shall also sign the Application, and submit an authorization letter stipulating the applicant is legally authorized to act on behalf of the owner. D. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the Commission. E. The Applicant shall include a statement in writing: 1. That the applicant's proposed Wireless Telecommunications Facilities shall be maintained in a safe manner, and in compliance with all conditions of the Conditional Use Permit, without exception, unless specifically granted relief by the Commission in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and Federal Ordinances, rules, and regulations; 2. That the construction of the Wireless Telecommunications Facilities is legally permissible, including, but not limited to the fact that the Applicant is author/zed to do business in the State of Florida. F. No Wireless Telecommunications Facilities shall be installed or constructed until the site plan is reviewed and approved by the Commission, 12 the Conditional Use Perm/t has been approved, and the building perrdt has been issued by the Building Department. G. All new Wireless Telecommunication facilities requiring a new supporting tower to be erected shall use a Monopole Tower, or other acceptable alternative tower structure, as defined herein. All conditional use perm/t applications for new Wireless Telecommunications Facilities shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed pmfeasional engineer registered in the State of Florida. Where this section calls for certification, such certification shall be by a qualified Florida State licensed Professional Engineer acceptable to the City, unless otherwise noted. The Application shall include, in addition to the other requirements for the Conditional Use F~ffait, the following information: 1. Documentation that demonsmates the need for the Wireless Teleeommnnications Facility to provide service primarily within the 2. Name, address and phone number of the person preparing the report; 3. Name, address, and phone number of the property owner, operator, and Applicant, to include the legal form of the Applicant; 4. Postal address and tax map parcel number of the.property; 5. Zoning District or designation in which the property is situated; 6. Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines reflected on a survey; 7. Location of nearest residential structure or residential zoning district; 8. Location of nearest habitable structure; 9. Location, size and height of all structures on the property which is the subject of the Application; 10. Location, size and height of all proposed and existing antennae and all appurtenant structures; 11. Type, locations and dimensions of all proposed and existing landscaping, and fencing; 12. The number, type and design of the Telecommunications Tower(s) Antenna(s) proposed and the basis for the calculations of the Telecommunications Tower's capacity to accommodate multiple users; 13. The make, model and manufacturer of the Tower and Antenna(s); 14. A description of the proposed Tower and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting; 15. The frequency, modulation and class of service of radio or other transmitting equipment; 16. Transmission and maximum effective radiated power of the Antenna(s); 13 Ho 17. Direction of maximum lobes and associated radiation of the Antenna(s); 18. Applicant's proposed Tower maintenance and inspection procedures and related system of records; 19. Certification that NI~R levels at the proposed site are within the threshold levels adopted by the FCC; 20. Certification that the proposed Antenna(s) will not cause interference with existing telecommunications devices, which certification shall be reviewed by a licensed ~neer approved by the City; 21. A copy of the FCC license applicable for the use of Wireless Telecommunications Facilities; 22. Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed Wireless Telecommunications Facilities on the proposed site, which certification shall be reviewed by a licensed engineer designated by the City; 23. Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites;_ 24. Applicant shall disclose in writing any agreement in existence prior to submission of the Application that would limit or preclude the ability of the Applicant to share any new Telecommunication Tower that it constructs. 25. Certification and Statement that appropriate space has been reserved on the tower for public safety usage at no cost to the public safety entity. The City will provide the specific requirements for such public safety usage, if any, promptly afler the preapplication meeting. In the case of a new Telecommunication Tower, the Applicant shall be required to submit a written report demonstrating its efforts to secure collocation rights of existing Telecommunications Tower(s) or use of existing buildings or other sm~ctures within the City. Copies of written requests and responses for collocation shall be provided to the Commission. I. The Applicant shall furnish a Visual Impact Assessment which shall include: 1. A "Zone of Visibility Map" which shall be provided in order to determine locations where the Tower may be seen. 2. An assessment of the visual impact of the Tower base, and accessory buildings from abutting and adjacent properties and streets. 3. An artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures 14 within fifteen-hundred (1,500) feet of all property lines of the parcel on which the Wireless Telecommunications Facilities are located. All utilities from Wireless Telecommunications Facilities sites shall be installed underground and in compliance with all Ordinances, roles and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. Both the Wireless Telecommunications Facility and any and all accessory or associated facilities shall maximize usc of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundiugs. At a Telecommunications Site, an access road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing muds, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting/removal. M.A Person who holds a Conddtional Use Permit for Wireless Telecommunications Facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted Wireless Telecommunications Facilities in strict compliance with all current technical, safety and safety-related codes adopted by the City, State, or Federal, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible worlananlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, and health codes. In the event of a conflict between or among any of the preceding the more stringent shall apply. N. A holder of a Conditional Use Permit granted under this Ordinance shall obtain, at its own expense, all permits and licenses required by applicable rule, regulation or Ordinance, and must maintain the same, in full force and effect, for as long as required by the City or other governmental entity or agency having jurisdiction over the applicant. O. The Applicant shall examine the feasibility of designing a proposed Telecommunications Tower to accommodate future demand for at least two (2) additional commercial applications, for example, future collocations. The Telecommunications Tower shall be structurally 15 designed to accommodate at least two (2) additional Antenna Arrays equal to those of the Applicant, and located as close to the Applicant's Antenna as possible without causing interference. This requirement may be waived, provided that the Apphcant, in writing, demonstrates that the provision of future shared usage of the Telecommunications Tower is not technologically feasible, or is Commercially Impracticable and creates an unnecessary and unreasonable burden, based upon: 1. The foreseeable number of FCC licenses available for the area; 2. The kind of Wireless Telecommunications Facilities site and structure proposed; 3. The number of existing and potential licenses without Wireless Telecommunications Facilities spaces/sites; 4. Available space on existing and approved Telecommunications Towers. The applicant shall submit to the City a letter of intent committing the owner of the proposed new Tower, and his/her successors in interest, to negotiate in good faith for collocation of the proposed Tower by other Telecommunications providers in the future. This letter shall be filed with the City. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the Conditional Use Permit. The letter shall commit the new Tower owner and their successors in interest to: 1. Respond within 60 days to a request for information from a potential collocate apphcant; 2. Negotiate in good faith concerning future requests for collocation of the new Tower by other Telecommurdcations providers; Q. The holder of a Conditional Use Permit shall notify the City of any intended modification of a Wireless Telecommunication Facility and shall apply to the City to modify, relocate or rebuild a Wireless Telecommunications Facility. Section 10. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.10, which said section shall read as follows: Section 54-6-23.10. Factors to be considered in granting conditional use permits for towers. 16 In addition to any standards for consideration of conditional use permit applications pursuant to Article VI of this chapter, the Planning Commission shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this section are better served thereby: 1. Location of nearest habitable structure, nearest residential structure or residential zoning district; 2. Proximity of the tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 5. Surrounding tree coverage and foliage; 6. Surrounding topography; 7. Height of the proposed tower; 8. Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures; '9. The number, type and design of the Telecommunications Tower(s) Antenna(s) proposed and the basis for the calculations of the Telecommun/cations Tower's capacity to accommodate multiple users. Section 1!... That the Code of Ordinances, City of Sebastian, Florida, is hereby mended by adding a section, to be numbered section 54-6-23.11, which said section shall read as follows: Section 54-6-23.11. Aesthetics and Visibffity of Wireless · Telecommunications ]Facilities. A. Applicants must provide camouflaging as defined by the t~ "alternative tower structure" or provide documentation as to why camouflage is not feasible. Alternative tower structures include -- Man-made trees, clock 17 towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers B. I/the tower is not to be camouflaged by an alternative tower structure, the tower shall either maintain a neutral color consisting of the light gray and light blue color spectrum, or meet the applicable standards of the FAA. C. Whether a tower is camouflaged or not at a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings. D. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to or closely compatible with the color of the supporting smlcture so as to make the antenna and related equipment as visually unobtrusive as possible. E. State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different comphance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into comphance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. F. Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as required by this Ordinance or other regulatory authority. G. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside the perimeter of the compound. Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. The barrier, hedge, or landscape berm shall be a minimum of four (4) feet in height, h addition, there shall be a minimum of one (1) shrub for every two (2) lineal feet of the required landscape strip. Additionally one (1) tree per 18 every twenty-five (25) lineal feet shall be included within said landscaped strip. Section 12. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6.23.12, which said section shall read as follows: Section 54-6-23.12. Site Plan Requirements. 3,. A scaied site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Land Use classification of the site and all properties within fifteen hundred (1,500) feet, adjacent roadways, proposed means of access, setbacks fiom property lines, elevation drawings of the proposed tower and any other sUuctures, topography, parking, landscaping, fencing and other information deemed by the Growth Management Department to be necessary to assess compliance with this section; B. Legal description of the parent tract and leased parcel (if appl/cable); The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties; The separation distance from other towers wSthin the City's boundaries shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s), if known, as well as the owner/operator of the existing tower(s), as applicable; A landscape plan showing specific landscape materials; The Applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed Wireless Telecommunications Facilities base and all related facilities and structures; F. Method of fencing and finished color and, if applicable, the method of camouflage and illumination; G. A description of compliance with all regulations contained herein, all applicable federal, state or local laws; 19 H. A notarized statement by the applicant as to whether construction of the tower ~vill accommodate colocation of additional antennas for future users and if not why it will not; I. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; J. A description of the feasible locations of furore towers or antennas within the City of Sebastian based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected; K. Applicant's proposed Tower maintenance and inspection procedures and related system of records; Lo If lighting is required, Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations, and M. The applicant shall provide a w~tten copy of an analysis, completed by a qualified individual or organization, to det~mdne if the Telecommunications Tower or existing structure intended to suppo~ wireless facilities requires lighting under Federal Aviation Kegalation Part 77. This requirement shall be for any new tower, or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA, all responses fi'om the FAA and any related correspondence shall be provided in a timely manner. Section 13. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.13, which said section shall read as follows: Section 54-6-23.13. Lot Size and Setbacks. A. Wireless Telecommunications Facilities, excluding Alternative Tower Smactures, shall be located with a minimum setback flora any property line a distance equal to the height of the Wireless Telecommunications Facility or the existing setback requirement of the underlying zoning 2O disffict, whichever is greater. Further, any Accessory structure shall be located so as to comply with thc applicable minimum setback requirements for the property on which it is situated. B. Alternative Tower Structures shall be exempt fi-om subsection A above. Section 14. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.14, which said section shall read as follows: Section 54-6-23.14. Height of Telecommunications Tower(s). A. The Applicant must submit documentation-justifying to the Commission the total height of any Telecommunications Tower, Facility and/or Antenna and the basis therefore. Such justification shall be to provide service within the City, to the extent practicable, unless good cause is shown. Telecommunications Towers shall be no higher than the minimum height necessary. Unless waived by the Commission upon good cause shown, the maximum height shall be one hundred-ten (110) feet, based on three (3) collocated tiers, ninety-five (95) feet, based on two (2) collocated tiers, and eighty (80) feet, based on single antennae._ C. The maximum height of any Telecommunications Tower and attached Antennas conslructed after the effective date of this Ordinance shall not exceed that which shall permit operation without artificial lighting of any kind, in accordance with municipal, county, state, and/or any federal statute, code, nde or regulafiom Section 15. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.15, which said section shall read as follows: Section 54-6-23.15. Security of Wireless Telecommunications Facilities. 21 All Wireless Telecommunications Facilities and Antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specific requirements are as follows: A. All Antennas, Towers and other supporting structures, shall be enclosed by security fencing not less than six (6) feet, yet no greater than eight (8) feet, in height and shall also be equipped with no more than three (3) strands of barbed wire, and B. Transmitters and Telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them. Section 16. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.16, which said section shallreadasfollows: Section 54-6-23.16. Signage. Wireless Telecommunications Facilities shall contain a sign no larger than six (6) square feet to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible fi.om the access point of the site. The sign shall not be lighted unless the Commission shall have allowed such Iighting. No other signage, including advertising, shall be permitted on any facilities, Antennas, Antenna supporting structures or Antenna Towers, unless otherwise required by law. Section 17. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.17, which said section shall read as follows: Section 54-6-23.17. Application Fee. At the time that a person submits an Application for a Conditional Use Permit for a new Telecommunications Tower, such person shall pay a non- refundable application fee of $1,500.00 to the City. If the Application is for a 22 Conditional Use Permit for collocating on au existing Telecommunications Tower or high structure, where no increase in height of the Tower or structure is required, the non-refundable fee shall be $1,000.00. These fees shall not include the cost of the building permit. Section 18. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.18, which said section shall read as follows: Section 54-6-23.18. Performance Security. The Applicant and the owner of record of any proposed Wireless Telecommunications Facilities property site shall at its cost and expense, be jointly required to execute and file with the City a bond, or other form of security acceptable to the City as to type of security and the form and manner of execution, in an mount of at least $75,000.00 and with such sureties as are deemed sufficient by the Commission to assure the faithful performance of the t~s and conditions of this Ordinance and conditions of any Conditional Use Permit issued pursuant to tiffs Ordinance. The full amount of the bond or security shall remain in full force and effect throughout the term of the Conditional Use Penuit, including a izansference of ownership, and/or until the removal of the Wireless Telecommunications Facilities, and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the Conditional Use Permit and shall ant/fie the Commission to revoke the Conditional Use Permit after prior written notice to the Applicant and holder of the permit and after a hearing upon due prior notice to the Applicant and holder of the Conditional Use Permit. Section 19. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.19, which said section shall read as follows: Section 54-6-23.19. Public Hearing Required. A. Prior to the approval of any Application for a Conditional Use Permit for Wireless Telecommunications Facilities, a public hearing shall be held by the Commission, notice of which shall be published in a newspaper of general circulation within the City no less than fifteen (15) calendar days prior to the scheduled date of the public hearing. In order to insure that 23 nearby landowners are infon-ned, the Applicant, at time of application submittal shall be required to provide names and address of all landowners whose property is located within five hundred (500) feet of any property line of the lot on which the new Wireless Telecommun/cafions Facilities are proposed to be located and certify that the Applicant has provided notice to said landowners of the public hearing. The City shall schedule the public hearing referred to in Subsection (A) of tiffs section once it finds the Application is complete. The City, at a~y stage prior to issuing a Conditional Use Permit, may require such additional information as it deems necessary. Section 20. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be nambered section 54-6-23.20, which said section shall read as follows: Section 54-6-23.20. Action on an Application for a Conditional Use Permit for Wireless Telecommunications Facilities. A. The Commission will undertake a review of an Application pursuant to this Ordinance in a timely fashion, and shall act within a reasonable period of time given the relative complexity of the Application and the ciretanstances, with due regard for the public's interest and need to be involved, and the Applicant's desire for a timely resolution. B. Except for necessary building permits, once a Conditional Use Permit has been granted hereunder, no additional permits or approvals shall be required by the City. C. After the public hearing and after formally considering the Application, the Commission may approve and issue, or deny, a Conditional Use Permit. It's decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the Applicant. D. The applicant shall be notified in writing of the Commission's decision regarding the Conditional Use Permit application within ten (10) calendar days of the Commission's action. E. Appeals of decisions of the planning and zoning commission shall be to the City Council pursuant to section 54-1-2.4(g). 24 Section 21. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be rmmbered section 54-6-23.21, which said section shall read as follows: Section 54-6-23.21. Extent and Parameters of Conditional Use Permit for Wireless Telecommunications Facilities. The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall be as follows: A. Such Conditional Use Permit shall be non-exclusive; Such Conditional Use P~imlt shall not be assigned, transferred or conveyed without the express prior written consent of the Staff, and such consent shall not be unreasonably withheld or delayed; Such Conditional Use Permit may, following a heaxing upon due prior notice to the Applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional Use Permit for Wireless Telecommunications Facilities, or for a material violation of this Ordinance after prior written notice to the Applicant and the holder of the Conditional Use Permit. Section 22. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.22, which said section shall read as follows: Section 54-6-23.22. Adherence to State and/or Federal Rules and Regulations. To the extent that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities has not received relief, or is otherwise exempt, from appropriate State and/or Federal agency rules or regulations, then the holder of such a Conditional Use P~m~it shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards. 25 To the extent that applicable roles, regulations, standards, and provisions of any State or Federal agency, including but not limited to, the FAA. and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a Conditional Use Permit for Wireless Telecommunications Facilities, then the holder of such a Conditional Use Permit shall conform the permitted Wireless Telecommunications Facilities to the applicable changed and/or mod/fled role, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the apphcable changed and/or mod/fled rule, regulation, standard, or provision, or sooner as may be required by the issuing entity. Section 23. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered section 54-6-23.23, which said section shall read as follows: Section 54-6-23.23. Removal of Wireless Telecommunications Facilities. A. Under the following circumstances, Staff may determ/ne that the health, safety, and welfare interests of the City warrant and require the removal of Wireless Telecommunications Facilities. 1. Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as Wireless Telecommunications Facilities) for a period exceeding one hundred-eighty (180) days, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days; 2. Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it creates a health or safety hazard; 3. Wireless Telecommunications Facilities have been located, constructed, or modified without first obtalnlug, or in a manner not authorized by, the required Conditional Use Permit, or any other necessary authorization. B. If the City makes such a determination as noted in subsection (A) of this section, then the City shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be removed. The City may approve an interim temporary use agreement/perm/t, such as to enable the sale of the Wireless TelecommurLicafions Facilities. 26 C. The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle mad remove such Wireless Telecommunications Facilities, and all associated structures and facihties, fi.om the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or Commercial Impracticability, within ninety (90) days of receipt of written notice from the City. D. If Wireless Telecommunications Facilities are not removed or substantial progress has not been made to remove the Wireless Telecommunications Facilities within ninety (90) days after the p~m~it holder has received notice, then the City may order officials or representatives of the City to remove the Wkeless Telecommunications Facilities at the sole expense of the owner or Conditional Use P~,,-,it holder. E. If the City removes or causes to be removed, Wireless Telecommunications Facilities, and the owner of the Wireless Telecommunications Facilities does not claim and remove it from the site to a lawful location within ten (10) days, then the City may take steps to declare the Wireless Telecommunications Facilities abandoned, and sell them and thei~ components. Notwithstanding anything in this Section to the contra-w, Staff may approve a temporary use p=~mit/agreement for the Wireless Telecommunications Facihties, for no more than ninety (90) days, during which time a suitable plan for removal, conversion, or re-location of the affected Wireless Telecommunications Facilities shall be developed by the holder of the Conditional Use Permit, subject to the approval of the Staff, and an agreement to such plan shall be executed by the holder of the Conditional Use Permit and the City. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the City may take possession of and dispose of the affected Wireless Telecommunications Facilities in the manner provided in this Section. Section 24. That the Code of Ordinances, City of Sebastian, Florida, is hereby emended by adding a section, to be numbered section 54-6-23.24, which said section shall read as follows: Section 54-6-23.24. RelieL Auy Applicant desiring relief or exemption dom any aspect or requirement of this Ordinance may request such from the City at a pre-Application meeting, 27 provided that the relief or exemption is contained in the original Application for either a Conditional Use Permit, or in the case of an existing or previously granted Conditional Use Permit, a request for modification of its Tower and/or facihties. Such relief may be temporary, permanent, partial or complete, at the sole discretion of the Commission. However, the burden of proving the need for the requested relief or exemption is solely on the Applicant to prove to the satisfaction of the Commission. The Applicant shall bear all costs of the City in considering the request and the relief shall not be transferable without the specific written permission of the City. Such permission shall not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted the rebel or exemption will have no si~tmificant effect on the health, safety and welfare of the City, its residents and other service providers. Section 25. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 26. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 27. EFFECTIVE DATE. Ti'tis Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes 28 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 11m day of December, 2002. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC City Clerk Rich SU-inger, City Attorney 29 [art's #'1 Sto e-'. [Uge InventorY ~ Service ~ · Pump Rebtfilds Noon; Neve? on Sunday CITY· OF SEBASTIAN INDIAN RIVER COUNTY,. .FLORmA ORDINANCE NO. O-02-18 AN ORDINHNOE OF THE OITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR TELECOMMUNICATIONS. FACILITIES; PROVIDING FOR CONFLICT; .PROVIDING FoR SEVERABILITY AND EFFECTIVE. The City Council of the City bf Sebastian, Indian River County, Florida, will hold a public hearing concerning, the. adoption Of the Ordinance with the rifle [~ .LsHO~rI~ .~bove on Wednesday, January' 8th~ 2003 at 7:00 p.m. in the City Council chambers, City . Hall, 1225 Main. Slxeet, Sebastian! Florida. ' At the · Conclusion of the or. at a subsequent meeting, 'the city council may enact this 'ordinanc~ ~nto law. Interested 'parties .may' inspect the pr0Posad Ordinance in the office Of the City Clerk at City Hall and. may appear at the hearing and be heard with respect to the proposed Ordinance. Any.peison who may wish to appeal any decision which ma3~ be'made by the City Counc'fl at this hearing will need to. ensure that a verbatim xecord of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (RS. 286.0105) In · compliance with the . Americans with Disabilities Act (ADA); anyone who needs a special, accommodation, for this meeting should contact theCity's ADA Coordinator at 589-5330 at least 48 hours in advance of the meeting. By Sally A, lvlalo, CIVIC Cit7 Clerk '/1 S£11 s TIAN City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Riverview Park Expansion - Sovereignty Submerged Lands Lease No. 311537314 Ap ~"~Od fo~ubm.,,.jJ:ta~y: Agenda No. O,~. OD'7 Department Origin: City Manager Dat~'"'"'"'""~ubmitted: 1/2/03 For Agenda of: 1/8/03 Exhibits: Sovereignty Submerged Lands Lease No. 311537314, Cover Letter from DEP 12/12/02, Kimley-Hom Letter 12/20/02, City Attorney Memo 12/30/02 Expenditure Required: Amount Budgeted: I Appropriation Required: SUMMARY STATEMENT The attached Sovereign Submerged Lands Lease was received on December 13, 2002 with directions to execute the document and return it to the Department of Environmenta Protection. Upon review of the proposed Lands Lease by consulting engineer Michael Keller, Jr. of Kimley-Horn and Associates, Inc., and City Attomey, Rich Stringer, comments were offered as set out in memos dated December 20, 2002 and December 30, 2002 respectively (see attached). Today I spoke by telephone to Susan Riggs of the Department of Environmental Protection and was assured that the City will be renewed in accordance with provisions of the Sovereign Submerged Lands Lease for an additional five years. City Engineer, Dave Fisher will be in attendance at the January 8, 2003 City Council meeting to offer an update on the position of DEP relative to permit modification options currently enjoyed in regards to Riverview Park boat dock construction. It is my recommendation that City Council authorize the Mayor to execute the Sovereign Submerged Lands Lease as presented and return it to DEP for their execution. Upon return of the fully executed Lands Lease to us by DEP, it will be recorded in the records of Indian River County. RECOMMENDED ACTION Move to authorize Mayor Barnes to execute Department of Environmental Sovereign Submerged Lands Lease No. 311537314. RECEIVED CITY OF SEBASTIAN OFFIOE OF OITY CLERK 20~2 DE~ 13 It,q 1D ~ SOVI~GNTY SUB~G~D LANDS LEASE No. PANo. ~}-125751-00! 3. l~ilLl~ilLlliiti~ The Lessee shall make no claim ofthle or intereet to said lands hereinbefore de~ibed by reason 0fthe occupancy or use th~eof; and gl title ami interest to said land hereinbefore descn'bed is vested in the Lessor. The Lessee is pro~,'oited from i~clu~ or me~a,, any claim th~ purports to include, said lands described or the Less~s leasehold intel'est i~ said lands ~ any form of private ownership, including but not limited to ~y form of condomlinum or cooperative ownership. The Lessee is further prohibited from msklng any elslm, inchld~ ~ adv~'g ~II, ~ ~ 11~ or 4. ]~'~K/~T INRIPARIA~UPLANDI~ROPI~-TY: Dtuingthete~m ofthislease, the Lessee sbel] msi~ahla leasehold or fee rimple title ]merest/n the riparian upl~d pmpeay ~d if such inte~et is ter~;~,~,.d, the lease may b= at thc option oftbe Lessor. Prior to side and/or termh~n~on oftbe Lezseds leasehold or fee s/topic thle/merest in the upland property, Lessee shall inform Shy poterd/al buyer or transferee of the Lessee's upland proper~ interest of the existeace of this lease ~ ~tl/ts te~ns and conditions snd ~J comple~ aud e~.cote any documents requised by the Lessor to effect an ass/~nt of this le~se, if consented tv by the Lessor. I;~ilure to do so wit] not re]iev~ the Lessee from re~onz/b~ty for full compitsnce with the terms and cond~rions of this lesse wh/ch thdude, but are not limited to, payme~ of all fees ~md/or penalty asses~nen~ incurred prior to such act, 5. ~ Thisle~e shailnot beassigned or o~transferredwithoot priorv,~itte~ comem cf the Lessor or its duly autbedzed ~en[ Such ~;~/~nme~ or other tr~n~',~ shall be subject W the teml;, cond~'ons Md Irovisio~z of managem~t standards md applicable laws, rules,md regulstiovs ;- effect at that ti~e. Any ~s~nme~ er other tr~]sfer without prior wr~en cons~t of the Lessor shall be null and void and without ~ effect. 6. INDI~'~IFICATION/I]~v~ S TIGATIO~ OF ALL CLAIMS'. The Lessee shalI inveedgam ail cisims of every naun~ at ks exl)e~se. Eaeh paroy is ;espom/bte for all !oer~onal inju~ and prope~y dnm~e at1~betsble to the ne~li~nt acts omissions ofth~ par[y and tbeoffic~ employee~ and/~e~ltSthereo£ Nofl~in~herein sh~]lbe construed as anh]demr~ or a w~iver of sove~i~n ;~..,,,.h./e~joyed by any party hereto, as prodded in S=crion 768.2~, Florkla Statutes, ss ~r.*.ded from llme to fime~ or ;my other lsw p~v/d/ng linthafior~ on cJain~ 7, ~ Lesseev~ves v~ue ~s to anyl/t/~agonsrigng frommz'der; re~ to this lease and s~y~ ~fi~ ~. 1~071a~.,~C O~cI~r~IodI~ATION: The Lessee binds itself; ks su=ce~or~ ~ azdgm, to abide by the pro~Asi~s and conditions beton set fortk, a~d said provh/o~ and conditions ~ be deemed covens~ts of the Lessee, s~ccessors and as~Its. In the eveat the Levee fails or reft]se; to comply with tbe provis/(ms and conditlom herefo set forth, or in the evem the Lessee vlola~s any of the pr~is/ons aud conditions here/n, or f~s or refuses to comply with the pro'As/ons cond/fions bere/n set forth within 20 days of rece/pt of the Lessor' s ~:~ice to correct, this lease may be ~,~-~d by the Lessor upon th/ny (30) days v.~ten not/ce to Levee. If canceled, all of the ehove-described psreet of land shall rev~ to the Lessor. AIl costs and a~omeys' fees incurred by the Lessor to enforce the ~ons of tl~; Ieee shall b~ p~id by the Lessee. All notices ~.quired to be ~iven to the Lessee by this lease or applicable law or a,~,-;.;,~ret/ve rule~ ah~ be suffidem if ~ by U.S. (.~ly of S ehssiian Tbe Lessee shall ~otify the Lessor by certified ma,~ of auy chan~e tv this edd~ess at least tea (10) days before tho ehan~ is effective. 9. ~,~ TbeLesseeshallsssumeallresponsff~lityforliabil~'esthat acctuetotbesubject property or to the impro~meots thereml, including any and ~I1 d~in~e or special assessme~lts or tsxes of every Idnd z. nd desc~ptlon which are now or may be hereafter lawfully assessed and [evled against the subject property dining the effective peiiu d of this lease. 10. NUISANCt~S OR ~'IUGAL OPEP. ATIOI~: The Lessee shall not pe~it the leased premises or shy par~ thereof to be used or occupied for any purpose or busineas other than herein specified uoless such proposed use ami occui~ncy vre consented to by the Lessor ~nd the lease is modified arcordi~, aor shall Lessee knowlngiy pemlt or suff~r any nmsan~ or ille~l operations of any kind on the leszed l,,~isea. Page ?, of 14 Pages Sovereignty Submer~ed ~ ~,:, Lease 'No. 311537314 condition, keeping the structures ~d equipment located thereon in ~ good state of repair in the intere~e o£ public health, safety s~dwelfate. No dockor pl~ ~hsllbeco~t~uc~edin enyn~m~er thatwould ca~eh~nnto wildllfe. Thelease8 preng~e~ ~hall be ~ubject to inspection by the Lessor or its designated ag~t at ~ny remonable time~ le~se (includ~g any ~ons thereof), to not~, fl~e Les~r in wt~./ng, ~o that ~ r~pl~ce~ent may be provided. subsequcnt breach or breaches. 14. ~ Upon e:cph-afioll or Ca/loell~fio~ of this le~e ~11 pef/~i~ioll granted heremlder shall 15. ~ Renew~oftMslease~hallbeatthesoleopfionoftheLesso~. Such~alshallb~ th~ expiration da~ of th~ ori~ or corn~ t~m I~'~o£ Th~ t~m of ~ ~mwl ~rs~md by th~ Lssscr sh~ll ~om~e~c~ on ~ last d~ of ~1~ pr~vlous l~ss t~rm. If th~ L~sse~ ~ to timely ~ply ~r a ~ or in th~ ~ fl~ L~so~ do~ ~ot ~ a ~ ~p~ss. The obli~fion ~o remov~ ~11 smmurss ~z~l ~. upon t~don. , oftl~ ~ ~, ~o~ ~, aff~rmafiv~ ~owmmt ~on lhe ~ip~ian upl~d prop~q mor~ sp~ifi~lly d~ribsd m Atmchm~t B, wbi~ ~ mn with ~ 611~ ~o said zip~im uphmd prop ~'~ and ~ be ~ upo~ L~s~ ~ L~ss~ds ~ss~s i~ fitls or m~e~mn in ~ ~luipn~l oC~ul~i~ ~nd ~ upo~ fl~ l~s~l pr~s~ a~er ~ or c~nce, ll~io~ of this Isas~ suoh sm~'~zes and r~n~di~s re, alibis ta th~ L~ssor undsr ~ppli~bl~ laws, ml~ and re. om including fl~ ~ht to ~mpel ~ ~f ~11 of ~ s~u~nrss ~ud ~quipm~m ~op. sm~ted or m~m~iu~d ~n state lands sh~ll bs paid bY Less~ ~ ~ ~d ~ ~ proc~s ~ pro~id~l by Law. e~'~y in tb~ publio t~ords of ~h~ ~ wlthin, which th~ l~s~, lute ~s loc~t~i vn~hi~ fuur t~za (1 .... 4) d~ys ~r ~ ~d ·~ Page ~ of~ Pages Sm~ SubmggedLaadsL~s~No. 311537314 19. pIP~ RIG~-ITS/FI]qAL ADYUDICATION: In the ~v~t that ~y part of any ~mre a~thorized hereund~ is determined by ~ final adjudica~on issued by ~ court of competent jm~di~on to e~croa~ on or inter, re wg.h n~.j ace~t r~ove the in~-fe~ence or ~-oac~mem within 60 days from tl~ date oft~ adjudication. Fm~u~e to comply with t~s pant~r~ph sknll ~ons~tut~ a material brea~h oft~s lezse i~reeme~ nnd shall be ~mnd~ for kmnediate t~rm~.~o~ of~ lmse a~reement at the option o£the wr~ten ~nsem fram the Lessor. No a~fional muc~ares aud/or actf~tiez ~ncludlng dredging, reloc~fion/resl~mn~t or major m*~n th~ auflxo~zed muvmre~ in ~ good sine of ~ in the intere~s of public heslth, ~ety or wel~e; provided. 22. - · l~or to commencemen$ of cons~l~'fion nnd/or activ~es authorized ~ fl~e Lessee ~ obmln the U.S. A~my Corps of ~.n~ne~s (ACOE) p~mit R'it is requked by ~he ACOE. Any mod~c~fions to the con~mcfion and/or ncti~ties author~ed he~eln thnt may be refill by ~he ACOE shnll require consldev~on by and the prior wfiRe= app~val office Lessor prior to the c~nmenceme~t of constmc~on nnd/or any acl~fies on sovereign, su~ed tnnds. 23. ~OMPLIANCE WITH FLOR.IDA LAWS: 0~ or in conjunction v~a the use of the le~sed premises, the L~s~e sha~ at all thnea comply with all Florida Sta~x~tes an~ ~11 afim~.;~uutlqe rules promulgated thereunder. Any unlaw~l a~tivity which occun on the leased premises or i~ co~unction with th~ use of the le~ed premises sh~ be grounds for the terminmio~ of this lease by the Lessor. 24./~]~J~,]~: TI~ term "liveaboard" is defined as a ve~el docked at the faSlity and inhabited by t person or per.ms for ~ny five(5) consecutive days or a total o£ ten(10) day~ with/n a thlrty(30) day period. If liveaboards are au0aorized by ~ph one(l) of this lea~, in no evefft shall such ']iv~lfi~u'd' status exceed ~/x(g) months w/thin any twelve(12) month period, ~ ~haI[ ~ ~lgh v~ssel ~fit~e a 1~1 or pnma~ r~id~nce, p~e ~ ofl4pages Sov~iSnt~ S~am~ed Lan~ ].mu~Iqo. 31153731~ 25. ~: Dudn$ the term of this lease md any r~ew~ls, extensions, ~om or t~ ~e ~ p~y for ~e ~se of ~ w~ ~e ~s~s ~ ~ ~ "~i.~ ~ ~h~," w~ ~ ~ i~ ~d ~ to ~ ~e of~ofi~ ~ ~ ~ ~ ~ ~ ~ or ~ ~ or ~ ~ ~e j~di~on ~ ~ ~e or ~ ~un~, ~ ~ wa~ u~ m ~ p~ to ~ ~om m~ ~ ~ 26, ~ ~ ~ ~ ~ for ~e ~ of ~s l~se ~ ~ ~b~ ~g p~o~ ~ m~t~ ~ma~ ~laY ~d B. L~ s~ ~t ~ m~ ~ 32 po~ed ~s~ to ~ ~ ~ at ~Y ~. C. ~e ~ ~d ~ ~ s~ ~ ~o~ ~ sBp o~p~ h ~ ~e ~ ~ ~ m use ~e s~ ~t ~ pr~ on ~e ~. ~ n~ ~ r~. F. Wa~ ~ ~o~ ~ ~ ~, ~ a t~ ~ b~ ~be ~ W v~s ~ am~m o£14 ps~s Soverelgt~, Submerged Lands Lease No, 311537314 BOARD OF TRUSTEES OF THE IN 1,~,NAL IMPR.O~ TKUST ~ OF ~ STATE OF I~II)RIDA BY: STAT~ OF FLOIUDA COUNTY OF ~ D~' A~om~y (~ltv of 8ebas~ Florida /SF. AL~ Name Typ~/P~t~l Name o£VTltuess STATE OF. COUNTY OF BY: Walter W, Barnes Ty~ Name of Emcuting Authority "LESSEE" Nomy lh~bl~ Stae of No. P,;~;,L T~d or Stamped Name Sov~-oi~nty ~ T -,nvt 1,.case No. 31153T314 Sebastian FL 32958-4730 US ~002 IVlapQue~t.~rn, Ino.; ODO0:~ ~iD'T. Ino, __Afl riohts reserve*cl. Use Sub~ed:'to License/Coovriaht Attachment A · Page 7_ of 1._~4 Pages SSLL No. ~311537314 DESCRIPTION (LEASE AREA NORTH) A PANC~L DF LAND SITUATE IH SECTION G, ~ONNSHIP 31 SOUTH, RANGE 3g EAST, OF 5EBASllA~, IRDIAR RIYER COUNTY, FLORIDA BEING HORE PRRT]CULANLY DESCRIBED 'AS FOLLOW5 : . -' R/~) AND TH '... 'H AT THE EAST RIGHT OF-WRY 'LINE OF-OLD DIXIE ~IGHNAY { CORSE CE ' , ' ' NG TO PLAT OF EDSE~ATER CENTERLINE OF HARRISON STREET (~0 R/~) ACEORDI ~ AS RECORDED IH PLAT BOOK 1, AT PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; SHERCE N 70°47'SB" E, ALONG THE CENTERLINE OF SAID HARRISON STREET DF WH1CH THIS PORTION HR5 8£EH ABANDONED, A D[SIANgE OF 173.51 FEET TO 1HE FACE OF A BULKHEAD; THERGE S t6"42'~lZ" E,.ALONG THE SAID BULKHEAD, 'A DIS- TANCE OF 69ogg FEET; THENCE S 14"53f46'! E, ALONG THE SAIO BULI~IEAO ^ glSTANCE SS.1Z F£ET'~O THE PO1NT OF BEGINNING; THENCE N 770aS~25" E, A DISTAREE OF 250.14 FEET; THEHCE ~ lg°14~35''' R, A DISTANCEOF 2~.00 FEET; N 77045'25" E, A. DISTANCE OF 252.00 FEET; '~HE~D[ S 12"14'3S" E, A DISTANCE OF SO.OD 'FEET; .. THENCE S 77"45!25" ~, A DISTANCE OF 2S2.00 FEET; ~HENCE H ~Z°J¢~35"'~, A DIS- TANCE OF ZZ.OO FEET; THENCE S 7704S'2S'' N, A DISTANCE OF 249.86 FE£T TO THE SAiD GUL~HEAD; THENCE N 14'53'46" ~ ALONG. THE SAiD BULKHEAO,.A DISTANCE.OF 6.00 FEET TO THE POINT OF BEGINNING. iq.~oo' s~ FE~,~ORE DESCRIPTION (LEASE AREA SOUTH) ~ PARCEL OF' LAND SITUATE IN SECT]OR 6, TOWNSHIP 31 SOUTH,-RANGE 39 EAST., CITY DF SEBASTIAN INDIAH RIVER. COUNTY, FLORiDA'BEiNG MORE PARTICULARLY DESCRIBED . A~ F~LLORS : 'CCnV~ENCE AT THE EAST·R~GHT-OF-HAY LIKE OF OLD Ol~IE H1GI~tAY (BO' R/W) AND THE C[NTERLINE DF HARRISON STREET t80~ R/N) ACCORDING TO PLAT OF "EDGENRTER PARE" AS REGDROED IN PL~T gODK ~, AT PAGE 23 OF THE 'PUBLIC RECORDS OF INDIAN RI.¥ER COUNT¥~ FLORIDA; THENCE # 70~47~S8'' E, ALOICG THE CENTERLINE 'OF SAiD HARRISON STREET OF ~HICH THIS PORTION HA5 BEEN ABANDONED, A DISTANCE OF 173.S1 FEE1 TO THE FACE OF A BUL~EAR; THENCE S 16"42'1Z" E, ALONG THE SAID BULRHEAD, A TANCE OF 6~.2D FEET; THENCE S '14°S3~46'' E, ALOHG THE SAiD BULKHEAD, A DISTANCE 1B3.71 FEET TO THE POINT OF BEGINNING; THENCE N 27~4S"25" E, A DISTANCE OF. 250o14 FEET; THENCE ~ 12°I4~'3S" N, A DISTANCE OF 2Z.OO.FEET; H 77'45~Z5" E, A DISTANCE OF 200.00 FEETi T~ENCE S I~°14'35" E, A DISTANCE OF 50.00 FEET.; THENCE 5 77°45~25" ~,'A DISTANCE OF ~00~0~ FEET; 'THENCE N I2"14'3S" H, A DiS- TANCE OF CZ.BO FEET; THEN:ES 77a4S'Z$'' W, A DiStANCE OF 249.B§ FEET TO THE SAID BUL~HEAO; THENCE N 14~S3~46'' ~, ALONG THE SAID BULKHEAD, A O]S~RNCE DF 6.00'FEET TO THE POINT OF BEGINNING. u,~O ~,FEET, MC~qE DR A~achment A Page ~14Pages SSLL No. 311537314 --~iNDIAN~R iVER~. Attachment A Page _9 of 14 Pages SSLL No. 311537314 Attachment A Page 10 of 14 Pages $SLL No. 311537314 ' Page 1'1 of 1._~4 Pages SSLL No..311537314 Attachmer~t A Page 1.~2 of 1._~4 Pages SSLL No, 311537314 Attachment ^ Page 1_~3 of 1.~4 Pages SSLL No, 3~11537314 ~,.r~ m 1,i.?bm 06-31-39-00020-0110-00001/0 Warranty Deed... GOOD ~S, INC., a ~o~ora~on ~ng ~nder ~e la~s of ~e ~te of Florida . CI~ O~ SE~T~, a ~bal corporation' ~g~ng ~d~r ~e 'laws of the S~te of Flori~ . · Jefferson S~et bonded on ~e W~S~ '~ ~ Sou~erl~ projec~on of center lin~ of th~'B0 foot' ~andoned right of ~y ~t~ed frsm its West right of wa~ line to Old Di~e Hig~. ~andon=d H~rison g~et ~ght of ~ ~t~ng Eas~d.fr~ ~e' East lin~ of Old Di~e.'Highwa~ to ~ edge of ~ten~ng fr~ Old Di~e Highly ma~tw~, to ~e In~ ~; ~1 l~ng and being in ED~R' P~ S~D~ISIO~, mocor~ng to plat thereof as recorde~ in Plat Bop~ 1, Page'13,~p~lic reco~s of In'~an ~= Co~, Florida. 'SubjeCt to massena' of record and ~es ~r 1999. Subgect to, and ~s 'Srantee ass~.s ~1' rmsponsi~ili~'f~r an~ hol~ ~e ~tor h~ess fr~, ~Y ~sseasments or. asseasm~t .l~ens rmla~ng t9 ~ ,,~verfront Wate~ Projeot" of Printed Nm:~ A~achme~ B Wi~es'S Page 1~ 0f 1~ Pag~ CO~ OF In~ ~ver ' . Lu~o CSrtese, Vice prmmi~nt of ~ood G~s., Inc. ~ a =o~6r~tion Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B. Struhs Governor Tallahassee, Florida 32399-3000 Secretary December 12, 2002 Mayor Walter W. Barnes City of Sebastian 1225 Main Street Sabasfia~ FL 32957 BOTLense No. 311537314 Lessee: City of Sebastian, Florida Dear Mayor B~nes: Enclosed is a ~ instrumeaat requires acceptance by your notarized ~are as Mayor of the City of Sebastian, 171orida, (two witnesses required). Puretmnt to Chapter 695, Florida Statutes, the name of the person exectn~g the insta'ume~ the two wimesses, and the notary public must be legibly printed or typewrittan dkecfly below th~ person's signature. Also enclosed is Invoice No. 7004 for the amount of $ 200.00 covering the renewal fees due on this account The check should be n~de payable to the Deparmamt of Environmantal Protection and m~ed to the letterhead address above at Marl Station 125. Please include le~se No. 311537314 on the check to ensure prope~ deposit. Payment is due within 30 days after receipt of this letter. Your cooperation and assistance are appreciated. If you have any questiom regarding this matter, please feel free to comam me at the letterhead address above (Mail Station lqo. 125) or st (850) 245-2720. Sincerely, Fnmk ¥otra, Flanner Bureau of Pubtic Land Admlv. istrafion Division of State Lands /fy Enclosures By cea~fifiad mall "More Protection, Less Process" Primed on recycled paper. RECEIVED CiTY OF SEBASTIAN OFFICE OF 0/?¢ CLERK ~001 As you are aware~ David audi met with FDP..P this wcek to review the project aud tho request for additional iuform~lori. A quick s-mn~aly follow{: T{~i~ main cou~rn is ovmr the floating dock siruciure, the cmoe launctdu{: ama, and ~he wi~h o£the simumnu. If you satisfy ~ ua th~ immures the ms~ &their Concern~ are mir~ and/or they will 8o away. White I de uut thiuk thmy have auy ~ grounds tu justi~ lh,;ir position, th,~ is a corot ~o arguing that you mu~c ool~id~, to ma]ko a imshems &etaion. I believe 1 ~ould win this and you oould probably do it yourmolf, b~ it svtll take t4m. the Federal Mmmi~ law{u{t 1his is wh~ I would recommand t~ ~u b~d ~at po~ ~ ~ ~u ~ ~Mh ~ll ~y have au~ofi~on to ~ild o~ $fickwiththemodiflcationratherih~.uauewappli~tioll. lnanew application you will ioos~ ail your o~titlemeuts and ce~://,V~g pumltiolt · Keep thc structwes as a fmecl pier w~th the exception of ~ho seaward m,>st c~ds to oompty with ADA, They want you to be 5 feet ~bov, m~n high walmr, with hmdraik, and stop down from the main access pier to the finger piers, which would bm approximately 3,f to 4 fcet abow meau hl$h w~. Wul{, {fthk is were you imfl it, you nm ~ risk dADA .mon-oeaplianc~,. We made hcedway on this, but they* are not all iht way · Reduce the wa,in ~e~s from 6 feet to $ fe~ in width. Ellm{ru~te lbo eau oc launch area aud fi~h cloium{ng su~tiou s, · Oct your e~cesions · Modify your ~i~ng submer~d laud I~e, by ellmhatt Condition ~C" mhd modify tho bpi d~dptiou m reduce, the lcamc ama accordiu~,iy. The lease h uu=kar as to what is the permi'i~d intuud~ OFFICE OF Tile CITY ATTORNEY To: Terrence Moore, City Manag_er Rich Stringer, City Attome~ From: Date: December 30, 2002 Re: Riverview Piers; permits & lease I just wanted to convey the rather uneasy feeling I am getting in the pit of my stomach as to the interplay of the submerged land lease renewal and the approaching permit/grant deadline on the Riverview Park piers. Maybe I am too suspicious when it comes to Tallahassee, but I am concerned that we are getting played by the State environmental guys. These piers would never be allowed under current guidelines, and I don't want them to string us along with discussions of modifications until the deadlines pass, at which point they could very well just say "Sorry, but based upon court settlements with Save the Manatees, etc., we can't take any action to salvage your rights." It is my strong recommendation that we either get the extension promptly or else we take some construction activities to vest these permits, even if it is under the pre-existing design. Also, while ! bed earlier recommended getting the submerged 1and lease modified to match our current plans, I think it is wiser to go ahead and execute the lease as is. If we de get the extensions and permit modifications, we can then work on changing the lease. Although it will be burdensome to get these changes through their bureaucracy, at least at that point we will know we have more time. From this point on, we should make sure to always hold onto what we have in hand until something better from the state is actually finalized and in our possession. While I am not always this cautious, there is something causing my internal wanting s~rens ~o go off on this thing - and that warning system usually tums out to be correct. cc: Mayor and Council Subject: Approved for Submittal by: City M r /, //' Agenda No. C) 9.19 O 8 Department Origin:. General Services: Finance Dept.: Date Submitted: 12/13/02 For Agenda off 01/08/03 Exhibits: Proposed Lease Agreement Between the City of Sebastian and Fast Net Communications, Inc. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY The proposed Tower Lease Agreement between the City of Sebastian and Fast Net Communications, Inc., Vero Beach, FL., governs an antenna allocation program on the communications tower located behind Sebastian Police Station. RECOMMENDED ACTION Move to approve and authorize the City Manager to execute the propose Tower Lease Agreement between the City of Sebastian and Fast Net Communications, Inc. Tower Lease Agreement The City Of Sebastian as Lessor, and FastNet Communications, Inc, 1717 Indian River Blvd, Vero Beach as Lessee, enter into this agreement for mutual benefit for the lease of the tower as indicated and for the use by the Lessee according to the terms and conditions as stated below. Location: The tower is located in Sebastian behind the City Police Department and is registered as tower site # located at Main St. and Cross St. Use: The tower is a __ ft bigia tower and will accommodate an antenna for radio operating with a 2.4Ghz and 5.8Ghz frequency unlicensed band in any direction. PastNet is entitled to erect Multi directional antennas at a height of approx/mateiy f~. Such attachment will be secured as not to cause damage to the tower, and to resist hurricane type winds. Price: Lessee to pay to Lessor a monthly payment of $200.00 due on the 1~ day of each month. Late payments will be subject to a $20.00 late fee as deemed by the lessor. Access to tower: Lessee my access the tower 24 hours a day for emergency purposes. The lessee will notify the Lessor when accessing the tower. Conflicts: The Lessor will make every effort to prevent conflicts to the operation of FastNet, and FastNet will notify Lessor if there is any change in the type or size of antra utilized. Hold harmless: The Lessor and Lessee jointly hold egch other harmless for their respective operations, and agree if any subcontractors are used that each will be required to comply with this agreement. Lessee will maintain Insurance for liability insurance for their operations in the amount of $1,000,000. Tower damage: Ln the advent of tower collapse by windstorm or other causes. The Lessor is fully responsible for replacing it in a timely manner, and for maintaining the tower. The Lessee assumes no responsibility for replacement of the tower, other then the property of the lessee. The Lessor will not be responsible for damage to the Lessee for rely reasons. Limited liability: The Lessor agrees to hold the lessee harmless for its tower to other people or its property and any resulting damage it may cause regardless of the cause. The Lessee will be responsible for any damage k may cause during erecting or servicing to the Tower or other property danmge or injury to others, and further holds the Lessor harmless for any damage it may receive due to loss of any type caused to the lessee. Term: This term if for 5 years and will continue for five 5 year options. The Lessee will be responsible for increase in lease monthly payments for each 5 year period for the increase in the CPI for the previous 5 year period. Term~fion: The Lessor may terrainate this lease for non payment of this lease a~er a registered letter of default is made to the Lessee 30 days prior to termination. Ii'Lessor finds it no longer needs the tower, and will give the lessee 6 months notice to this event to the Lessee. Lessee may terminate this lease if the lessee cannot use the tower for its needs with 6 months prior notice to the Lessor. This contract will be subject to the laws of Florida. Should there be any dispute in this agreement, the parties agree to a binding arbitration agreement of an arbitrator as selected by the parties and under the rules of arbitration of the state of Florida. Both parties agree that no lawsuit will be processed by either party and restrict any claims to the arbitration procedure. Tkis agreement signed this day. Lessor: City of Sebastian Terrence Moore, City lvlanager FastNet Communications, Inc. Louis Schlitt, President HOiV'~ OF pF.~"C,~¢ LCL~,ND City of Sebastian, Florida Subject: Approve Vendor and Amount for Records Management and Computer Aided Dispatch Softw,? ~ ',u~y,~/ty Manager I- - , / ,/?7t.5 Agenda 03.ooq Department Orion: Police Departmen~,~v,~ General Services: ~ Finance: ~ m-x J-~ J~ ~.~. ~"'d- ,,~t~ Date Subn'fitted: January 2, 2003 For Agenda of: January 8, 2003 Exhibits: EXPENDITURE REQUIRED: $98,528 AMOUNT BUDGETED: $82,898 APPROPRIATION REQUIRED: $15,630 SUMMARY The police department installed a records management system in 1987 and most recently upgraded in 1999. The software has proved to be untenable in its ability to perform at the necessary level of service to provide the appropriate data for responsiveness in today's environment. In addition, the computer-aided dispatch system will provide a higher level of service, i.e. tracking locations, providing dispatchers with map images, etc. The new records management and computer aided dispatch systems will bring our police department up to date and provide for future growth and technical enhancements. It provides statistical data required for proper deployment of personnel, automated record keeping, officer and citizen safety and will generate Uniform Crime Statistics required by the Florida Department of Law Enforcement and the Federal Bm'eau of Investigation. Over the past year, the police department, in conjunction with MIS, has been evaluating various vendor software packages with an eye towards providing a h/gher level of service at a reasonable cost. A Request for Proposal (RFP) was generated from these evaluations and proposals were received. Attached is a compilation of the proposals along with the grading accorded to each vendor. From the grading scale, the vendor that provided the overall best proposal as to price was IMC software, as well as providing the best overall grading for the software as a whole. During the budget process six months ago, an estimated price was provided with which to budget on. As the RFP was assembled, some items changed initiating a slightly higher price by $15,630. The funding for the software itself is being provided by Discretionary Sales Tax funds since it is a capital item with a life of five or more years. In addition, the funding for the maintenance has been budgeted in the operating accounts of the Police Department. The appropriation will come from un-appropriated Discretionary Sales Tax available in the Special Revenue Fund. The items on the RFP Summary attached labeled Other Modules Pricing, Future Module Pricing and Maintenance Future Module Pricing is not included in this authorization and, if necessary, will be brought back at a future date pending funding. RECOMMENDED ACTION Move to authorize the purchase of RMS/CAD software from I/viC in accordance with quoted pricing and appropriate $15,630 for the same. City of Sebastian, Florida Subject: Sebastian Alleyway Change Order 't~pprovj~for Submittal by: Agenda No. 0 5,g) I 0 Dept. tteadf- ~. ~ Finance.' ~L~'~ Id~'/~d~ ~ner~ Se~ces: ~~ Date Subhead: 01/02/03 For Agenda of: 01/08/03 Exhibits: Letter of proposal and change order EXPENDITURE BUDGET REMAINING: APPROPRIATION REQ~D: $11,102.10 $ 25,906 REQUIRED: $20,000 SUMMARY The Engineering Department is requesting approval of change order #I to the Sebastian Alleyway project. Tiffs change order will incorporate 3 items 1) extra survey and base mater/al, 2) reconstructing the existing side streets adjacgnt to the alleyway and 3) installation of 20 if of 15" RCP and cutting additional swales for water management. These items plus some rain days will increase the total allotted time for the job by 8 days. In addition, further studies of the improvement indicate additional drainage work.. The current estimated cost for the additional work is $20,000, Therefore, we are recommending increasing the improvement budget by $20,000. RECOMMENDATION Move to approve change order #1 in the amount of $11,102.10 and appropriate an additional $20,000 for additional drainage work. 12/~8/20B2 ~3:37 CGG4iBB PLANTi4DFI PAGE 02 DIC~ R.,ORID&, December 20, 2002 Mr. David Fisher, P.E. City of Sebastian 1225 lqaln Street Set)astlan, Florida 32958 Re: City of' Sebastian Alleyway Improvement~; DF! Project No.: 13340 Dear Davld~ As discussed during our telephone conversation yesterday afternoon, following is a summary of all change orders either previously submitted or anticipated for extra work on the referenced project. COR #1 - $1,121.25 for additional survey and base material - previously submt~tect COR ~2 - $9~405.85 to reconstruct existing side streets - previously submitted COR #3 ~ $ 575.00 lump sum to install additional 20 If= of 15' RCP and cut additional swales - not previously submitted, It is our understanding that there may be addlUonal work required to tie-in the existing driveway at the Tile Store adjacent to the alleyway, Please advise if the City will require additional work at this locaUon In order that we may provide additional prfcfng If required. Should you have any questions or require any additional informaUon relative to this mat~er, please do not hesitate tx) contact me. Sincerely, DICKE~ON FLOi:~DA, INC. Cc: larry T, Dale - ~ ]eft Mullis - Kimley Horn CITY OF SEBASTIAN CHANGE ORDER FORM CH.4~GE ORDER #: #1 PURCHASE ORDER # 3865 CONTRACTOR: Dickerson Florida Inc. ADDRESS: 3340 SE Dixie Highway Stuart, l~lorida 34997 PROJECT NAME: Sebastian AJleyway ?ROJECT #: N/A PH ON-E #: 562-1222 CONTRACT NANIE: Wendy R. Brann CONTACT DATE: October 28, 2002 By the signature affixed below, both the CiW and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All clmages stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are anjoined and in full force while executing the change(s) stipulated as follows: 1) $1~121.25 for additional survey and base material 2) $9~405.85 to reconstruct existing side streets 3) $ 575.00 I.m,n sum to install ~ddltional 20 If of 15" RCP and cut additional swales Note: This is Change Order #1 to the Sebastian Alleyway Project dated November, 2002. A) CONTRACT pR.ICE pRIOR TO THIS CHANGE $ 282.018.77 1.~ET INCRF.~SE (DECREASE) RESULT131G FROM THIS CH3-NGE $ NEW CONTRACT plaICE INCLUDING THIS CI-IAYlGE ORDER $ 293.120.87 B) CONTRACT TIMEPRIORTO THIS CHANGE (NUIvlBER OF DAYS) p0 days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NLrMBER OF DAYS) 8 NEW COMPLETION DATE INCLUDING THIS CHANGE _2__ MO. _28_ DAY _03_ YR __ = 98 days AGREED: CONSULTANT: Authorized Signature CITY OF SEBASTIAN: Authorized City Manager Date: Finance Director CiW Attorney General Services Admin. Approval~ By CRv of Sebastian: City Engineer~. aaSi:o budget as totoengineeringlegal Sally A. Mayo, CMC, CityClerk City of Sebastian, Florida Subject: Sliplining side yard pipe Agenda No. ~pproved ior Submittal by: Department o an ger "Dept. Head: Finance: General Servmes. Date Submitted: 01/02/03 For Agenda of: 01/08/03 Exhibits: Letter of proposal and cost estimate EXPENDITURE AMOUNT BUDGETED: REQUIRED: $22,010. APPROPRIATION REQUIRED: $22,010 .SUMMARY The Stormwater Management Depat-'tment needs to repair a side yard pipe installation at 825 Gladiola Avenue. Due to the closeness of the houses, our department cannot get equipment in there to remove and replace the side yard pipe. Therefore, we are proposing to s~ip line the pipe through Lanzo Lining Services. This company has done several other pipes in the City of Sebastian with excellent results. The cost is based on piggy back prices fi:om their contract ewith the City of Cape Coral Con0'act #S-2002. The price to complete this job fi:om Lanzo is $20,450. We have also estimated the cost of additional city personnel needed to assist Lanzo and estimate that the full cost of the repair will be $22010. RECOMMENDATION Move to waive the formal sealed bid procedures and approve the piggyback contract with Lanzo Lining Services for $20,450 and the entire project cost of $22,010 and appropriate same. 12/11/02 Mr. Ken Jones City of Sebastian 1225 Main Slreet Pompano Beach, FI 32958 Tel: 772-589-6209 772-589-5490 FAX Re; Cured in Place Pipe/Piggyback ~)f Cape Coral Contract S-2002 Dear Mr. Jones; I~-~o is engaged in the ongoing repair of defective Storm Sewer by Cured in Place. Pipe method. Our service includes cleaning, televising, and lining defects identified. Once lined the opportunity for further siltation is eliminated since our liner serves as a ca'mr basin - m - catch basin or catch basin - to - seawall single joint less pipe. Regarding your 36" round pipe CiV2; we are pleased to offer the following quotation for a fully deteriorated stand alone liner meeting FDOT section 941, HS-20 load criteria and ASTM FI216: 100' 36" round CMP Liner $ 20,450.00 The prices stated would be required to rehabilitate the pipes described to a fully smud alone sewer main design with a fifty (50) year service life expectancy. - The City of Sebasfiau would be ~med as "an additionally insured" in a newly executed insurance binder, the limits of whic~ meet those listed in our present contract. Work would be complete within approximately 30 days after a notice to proceed has been advised. Should you require any further information, please do not hesitate to contact us. Thank you for your kind consideration orLando l.~ning Services. Fred Ting tant Secretary Fred Ting~_. ~]/~ 1900 N.W. 44th Street · Pompano Beach, FL 33064 .(954) 973-9700 · Fax: (954) 974-3894 December 5, 2002 REOEIVE'D OITY OF SEBASTIAN OFFIOE OF OITY CLERK Tut Conneily 149 Kildare Ddve Sebastian, FL 32958 Mayor Bames and City Council Members, In the past I have spoken about the need for and benefits of creating a "Citizens Oversee Committee(s).' You may recall discussions whereby we would implement such a committee to oversee and manage roadway and drainage improvements. Another committee like this might exercise a degree of management over all major projects in the city. For example, we discussed a committee that would oversee the water line project For the record, most of these issues came up during the tenure of Tom Frame, former city manager. At that time, it was agreed that citizen input was an excellent idea. Unfortunately, Mr. Frame did not carry things past the discussion stage. The need for such committees is needed now more than ever. Just two weeks ago, Laconia, between Tulip and the Winn Dixie was closed without notice and without any traffic safety devices as outlined by the Manual of Uniform Traffic Control Devices (MUTCD). There was a Road Closed barricade across the road, effectively closing it, but there was no detour instructions or signage, as required by state regulations. While it may be true that the County was performing this work, Sebastian officials were responsible to ensure that this road closure was performed safely, since it was a Sebastian road. A single accident, caused by improper roadway work, could and likely would cost the city millions of dollars. As a taxpayer, I am unhappy at such a thought, especially when it takes so little to enforce required guidelines. Jobbers who violate basic maintenance of traffic standards should routinely be shut down and made to comply in order to minimize Sebastian's liability. Sebastian's system of inspection seems haphazard, at besL There is need to improve the quality of our Requests for Proposals (RFP) and our selection of contractors. The city would be well served by a commiltee to assist with these costly endeavors and to make sure that we get the "best possible deal". My professional experience confirms that the better the RFP, the better and more economical will be the end product I know for a fact that our retirement community includes professionals from nearly every walk of life and most would happily volunteer their services to the city of Sebastian. Chuck Barrett, chai~[han of P&7_~ for example, is an expert in RFPs and contract awards. As it happens, my wife Betsy is certified as an instructor and inspector of Maintenance of Traffic through construction/work zones. You already know and use the many CPAs who are retired here. The answers to all of our city's problems are there for the asking...and free. Your widespread use of the local expertise that is readily available to you would make you the best council that we ever had, certainly the most resourceful. I respectfully request that YOu consider this barely tapped resource in order to help you make this the best small town in the world. Sincerely, ~u~ Connelly City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Appointment of MPO Citizens Advisory Committee Member Approved for Submittal by: City Manager Agenda No. 0~). 0 13 Department Origin: City Clerk's Office For Mayor Barnes Date Submitted: 1/2/03 For Agenda of: 1/8/03 Exhibits: Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Mayor Barnes requested, at the December 11, 2002 meeting, that we run a press Release for a resident interested in serving as the Citizens Advisory Committee Member for Sebastian. RECOMMENDED ACTION Mayor Bames to make appointment with the concurrence of Council. ClTYOF BOME OF PELICA~ ISLANU DECEMBER 13, 2002 PRESS RELEASE INDIAN RIVER COUNTY PARKS AND RECREATION SEBASTIAN REPRESENTATIVE METROPOLITAN PLANNING ORGANIZATION CITIZE~N ADVISORY COMMITTI~'~F. SEBASTIAN REPRESENTATIVE THE CITY OF S]EBASTLAN IS S]~[NG TWO CITY RESIDENTS TO REPRESENT Tt-IE C~ ON ~ ~ ~ CO~ P~ ~ ~~ON CO~ ~ ~ ~O~ P~G ORG~ON ~ ~ORY CO~. BO~ ~ ~ ~R CO~Y CO~.S ~ ~T ~ ~O B~ ]~ YOU ARE EqTERF_STED OR FOR FURTHER INFORRIATION, PLEASE CONTACT/%-IE CITY CI .~{KS OFFICE, 1225 1ViA_]/q STRR~.T, SEBASTIAN, FLORIDA BY CAr .1 .r~O 589-5330 MONDAY TI-]ROUGI-{ FRIDAY, 8AM TO 4:30 PM. DERYL L. SEEMAYER 1334 Schnmuwn D~ive Sebastia.u, Florida 32958 (772) 5814381 dl~maym'l(~msn.com December 24, 2002 1Vlr. Walter W. Barnes Mayor of Sebastian . City Hall 1225 Main Street Sebastian, Florida 32958 Dear Mr. Barnes: Let this letter serve as an introduction to my interest in an appointment to the Metropolitan Planning Organization, Citizen Advisory Committee, Sebastian Representative, that was mentioned in the December 13m ed/rich of The Press Journal. My first visit to Sebastian was in 1993 when my Mother drove me here to surprise some close friends who recently retired in Sebastim I was the one who was surprised and moved by the beauty of the town and vowed that I would move here one day. Three years later, my wife and I built a home on Schumann Drive and migrated the family here without regrets. My road to Sehamian started after College at the University of Arizona, which I have a BFA degree in Broadcasting. During those years (1972-1976) I was a keen observer of the fast development &Tucson and Phoenix~ Working for the local PBS television station, I remember working on a show comparing the growth factors of~wo major cities of Arizona: Phoenix and Tucson. Unfortunately through poor city and zone planning Phoenix suffered the long-term effects (.ponution, sprawl, etc.) I was very grateful to live, learn and work in Tucson. Returning to my native New York, I worked for couple of advertising agencies and have a list of credits that included working for some of the major corporations of today 0~iVI, ARCO, Boeing, Minolta) positioning them as category leaders with their products and/or services. Founding my own agency in 1981, I built it into a $Smm agency and became one of the youngest Presidents on Madison Avenue with offices that branched out into S*amford, CT and Holliston, MA (Boston area). My clients where both National and International in scope which included Motorola, Kockwell International, New York Life, Aerospace Corporation, to name a few. (Con't) Mr. Barnes 12/24/2002 Page 2 Along with my advertising agency, I built from scratch a global Malt Beverage & W'me Importing business that consisted over 25 brands coming in from Europe and Asia in my portfolio. Many are still on the market with a few that were and still are market leaders. In 1996 after years of being on the road and with small children growing up, we slowed the pare of living down and moved to Sebastian. My wife Corinne and three children; Jenny (attends Sill-IS), Robert (attends SRMS) and T~mmy (attends Pelican Island School) enjoy the Sebastian lifestyle. Currently I am the Beverage Manager at the Conference Center ofDodgertown, a position I was asked to take by General Manager Rich Nalbanian. I am there because of the great people that work there and make it a joy to come to each and every day. In closing I am a concerned citizen and would like to help out in every way I can. As you can see I have big league experience that can be helpful in the position including business development that we may need to re-enforce the tax roles. I would welcome a face-to- face meeting when you feel this would be appropriate. P, espeetfully yours,_ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Sebastian Representative on Indian River County Parks & Recreation Committee Approved for Submittal by: City Manager Agenda No. ~) ~), ~) I ~ Department Origin: City Clerk's Office~ For Mayor Barnes Date Submitted: 1/2203 For Agenda of: 1/8/03 Exhibits: Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Mayor Barnes requested, at the December 11,2002 meeting, that we run a press Release for a resident interested in serving as Sebastian's representative on the Indian River County Parks and Recreation Committee. When contacted by phone, current Sebastian Parks and Recreation Advisory Committee members, Mrs. Jayne Barczyk and Mrs. Jeanne Jessup expressed their interest in serving on the board. RECOMMENDED ACTION Mayor Barnes to make appointment with the concurrence of Council. BOY 9 OF COUNTY COMMISSI( December 17, 2002 TO: FROM: SUBJECT: PARKS AND RECREATION COMMITTEE MEMBERS Bill Wilson Dale Klaus Billie Minnis Scott Chisholm Susan Wilson Jay Smith Thomas Cadden Fran B. Adams, Chairman CANCELLATION NOTICE The Parks and Recreation Committee meeting scheduled for Thursday, January 2, 2003, has been canceled. The next meeting is scheduled for Thursday, February 6, 2003, at 10:00 a.m. You will receive an agenda in the mail before the meeting. FBA:rs CC: Cliff Crawford Jim Romanek Larry Staley Jim Chandler Mike Redstone Freddy Woolfork James Jenkins Susan Hansen Joe Wiggins Jim Davis Roland DeBIois Sally Maio Bob Komarinetz Rev. Eugene Douglas Press Tammy - Vero Beach City Hall Deputy Teddy Floyd. Edward D. Seeley 697 Albatross Terrace Sebastian, Florida 32958 772-581-5646 December 19, 2002 Honorable Mayor Walter Barnes City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Lad/an River Coumy Committee Vacancy Parks & Recreation Dear Honorable Mayor Barnes: I would appreciate your consideration and appoinlmem to represem: the City of Sebast/an as a member of the Parks and Recreation Committee for Indian River County. Currently, I serve on the Sebastian Code Enforcement Board thank2~, to you and other council members' vote of confidence, I understand that my appomlment lo the Parks and Recreation Committee will not conflict with the Enforcement Boan[ Thank you for your cons/deration~ Sincerely, Edward D. Seeley CC: Honorable Vice Mayor James A. Hill Honorable Joseph Barczyk Honorable Ray Coniglio Honorable Edward J. Majcher, Jr.