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HomeMy WebLinkAbout11122003 REGULARHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 12, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Vice Mayor Coniglio, on behalf of Mayor Barnes who was participating in the meeting by telephone, called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter W. Barnes (participating by telephone from 7pm to 8:10 p.m.) Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Stormwater Engineer, Ken Jones Finance Director, Shai Francis Assistant Finance Director, Debra Krueger Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Growth Management Manager, Jan King Human Resources Director, Jim Sexton Police Chief, James Davis Public Works Director, Terry Hill Traffic Engineering Technician, Brian Grecziak Regular City Council Meeting November 12, 2003 Page Two The City Attorney explained the Mayor's participation by telephone, citing a 2003 Attorney General Opinion, and noted the meeting would be chaired by the Vice Mayor. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) Vice Mayor Coniglio, at this time, called for a motion to reconsider Resolution No. R-03-47, additional bond for City Hall Complex. MOTION by Hill/Coniglio "I'd move to reconsider R-03-47 and bring it up for further discussion relative." Mr. McCollum said, for the record, in the past it was quite common to vote on an issue and then bring it back again. He said he must respect the vote of the Council from last week, that those on the prevailing side of the vote can move to reconsider, and out of respect for them he could not support bringing this issue back unless both of them vote for reconsideration. Vice Mayor Coniglio said he understands but also understands protocol. Mr. Barczyk asked why this agenda item was being considered at this time. Mr. Hill explained his no vote was based on a need for additional information which he believes he has received. Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 At this time the Vice Mayor requested that the bond resolution be moved up on the agenda. MOTION by Hill/McCollum "So moved." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Regular City Council Meeting November 12, 2003 Page Three 03.070 A. 101-210 Reconsideration of Resolution No. R-03-47 (City Mana.qer Transmittal 11/6/03, R-03-47, Estimated Cost Analysis) A RESOLUTION OF CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA AMENDING AND SUPPLEMENTING RESOLUTION NO R-03-08 OF THE CITY; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,125,000 IN AGGREGATE PRINCIPAL AMOUNT OF INFRASTUCTURE SALES SURTAX REVENUE BONDS, SERIES 2003A IN ORDER TO FINANCE THE CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR THE CITY, TOGETHER WITH CAPITALIZED INTEREST, IF ANY, AND CERTAIN COSTS ASSOCIATED THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS;MAKING CERTAIN OTHER CONVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; PROVIDING CERTAIN TERMS AND DETAILS OF SUCH BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT THERETO; ESTABLISHING A BOOK- ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; APPOINTING THE PAYING AGENT AND REGISTRAR WITH RESPECT TO SAID BONDS; AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-47 by title, he then noted needed corrections for the record, i.e, Council terms (circle page 178) and City Council elections every year (circle page 189). The City Manager briefly explained the project's evolution since it's beginning. The Finance Director explained the analysis (see Municipal Complex Project Estimated Costs Analysis" and Major Funding Changes Since Spatial Analysis Study attached to these minutes), which compares estimates from April 2003 and July 2003, and July 2003 and September 2003, and further described specific changes. The City Manager continued with his recommendation to proceed with adoption of the bond resolution and to eliminate funding for development on the proposed Southside Recreation Complex from the 2003/2004 budget and designate the $200,000 to a reserve account to help finance future capital projects. He said representatives of Kirkpatrick Pettis, Suffolk Construction, and REG Architects were present to respond to concerns. Mr. Barczyk said his concern was that there were so many different figures given and that although staff had the figures they did not present them to the public in a good way. Mr. Hill said citing the park as the reason for the needed increase was very misleading, and that ultimately the City is $2.1 million over budget from what was originally anticipated for the total project. The City Manager agreed that soft costs were not included in total costs in the beginning. Mr. Hill said more due diligence should have been used in the beginning and then the public would have embraced the $11.5 million, and he hoped that we have learned from mistakes made. Mr. McCollum said project costs will be evolving costs, that funding will come from discretionary sales tax, and talked about future unfunded mandates. He commended the public for the way they handled this, citing that these are the types of issues the public should be involved in. Regular City Council Meeting November 12, 2003 Page Four Mayor Barnes said this is the biggest project the City has undertaken and them am bound to be some bumps, but he believes that everyone involved wants this to be a success. He commended Mr. Hill for his thorough research and referred to this as a learning experience, and is a project he highly supports. Vice Mayor Coniglio concurred with all sentiments expressed. Damian Gilliams, said copies of what he presented at the last meeting were available in Chambers tonight. Vice Mayor Coniglio said the subject tonight was the funding of the complex only. Mr. Gilliam continued, inquiring where funds for specific items from certain columns of the agenda item had gone. He stated, in his opinion, the City is now $4.1 million short rather than $2.1 million, and asked where the 15% contingency had gone. He read from a statement by the City Manager from a verbatim transcript he had prepared from the last meeting. Al Vilardi, 445 Georgia Boulevard, asked why the City is paying impact fees, suggested doing the police department first then City Hall, then if necessary do the park. Sal Neglia, Sebastian, said this was a shambles from the beginning, should not have been rushed, asked what would happen to the "sick" furniture, and said the public knows there was not misappropriation but that Council should watch over this for the people of Sebastian. Baxter Coston, 660 Balboa Street, Sebastian, said he was mad because Council is not listening to the people, agreed with the Mayor that this is the biggest project the City will do, and said Council needs to tell the public exactly where the money is going. He offered eight minutes of his time to Mr. Gilliams. Lisanne Monier, Sebastian, said Sebastian should be the best it can be and needs a Manager like Mr. Moore to be the best it can be, said the scope of the project will change as it progresses, and with the goal of making the project the best it can be the Planning and Zoning Commission made changes that will cost more money and will benefit the public. Lonnie Powell, 1565 Emerson Lane, Sebastian, said this is a project that is needed, however, that Mr. Gilliams had some good points relative to the deletion of portions of the overall project. He said someone should step up and say a mistake was made, and inquired what happened to the $2.7 million for New City Hall from April to July. The City Attorney pointed out on the last page of the agenda document (circle page 105) if a line is drawn before the last three items, the subtotal net project increase does add up to 4.529 million. The deductions were taken to show why the additional money is needed. The City Manager responded to removal of the Public Works and Engineering buildings for which grants have been obtained, and said the initial cost for the park was $400,000. Regular City Council Meeting November 12, 2003 Page Five 03.218 03.070 1-2 03.209 MOTION by Coniglio/Barnes "1 make a motion that we adopt Resolution R-03-47." Mr. Barczyk - nay Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 4-1 (Barczyk - nay) Mayor Barnes thanked everyone for their good wishes. It was the consensus of City Council to direct staff to proceed with an amendment to the capital improvement element of the comp plan relative to the Southside Park. Mayor Barnes was excused from participation at this time (8:10 p.m.) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Historic Photo.qraph by Sebastian Resident Kay DiStephano Kay DiStephano presented City Council with an original photograph of the old train station from Florida East Coast Railway archives. B. Presentation by Jeff Larson, Senior Vice President, Kirkpatrick Pettis Update Reqarding Sebastian Stormwater Utility Revenue Bond, Series 2003 Pricinq (Summary Pricing Memorandum) Jeff Larson, Senior Vice President, Kirkpatrick Pettis, said he would proceed with pricing on the Municipal Complex bond based on tonight's action. Bill Spivey, Kirkpatrick Pettis reported on the stormwater utility bond (see Summary Pricing Memorandum attached). Presentation by Roland DeBIois, AICP, Environmental Planninq and Code Enforcement Section Chief for Indian River County Board of Commissioners Conservation Area Improvements to be Implemented by Indian River County and Sebastian (no backup) Roland DeBIois updated City Council on the North County Conservation Area, citing a $206,000 grant applied for with County match of $103,000 for access improvements. He said the conceptual plan included mountain bikes and possible equestrian trails. Regular City Council Meeting November 12, 2003 Page Six = CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 3-14 A. Approval of Regular Meeting Minutes - 10/22/03 03.197 15-20 Appoint A. L. Rappy Perez as Fifth Member to Police Pension Board in Accordance with F.S.185.05 (City Clerk Transmittal 11/5/03, FS, List) 03.219 21-22 Authorize Vice Mayor Coniglio Travel to FLC Legislative Conference in Orlando on November 14, 2003 (City Clerk Transmittal 11/5/03, FLC Info) 03.220 23-26 Do Authorize the Acceptance of the LLEBG Funds in the Amount of $10,000 and Fund the Grant Match in the Amount of $1,112.00 from the Law Enforcement Forfeiture Fund (PD Transmittal 10/29/03, Attachment A & B) 03.221 27-30 Approve the Renewal of Annual Materials Contracts with Fischer & Sons and Blackhawk Quarry for Second Year of Three-Year Contract, with an Increase in Cost of Coquina Rock from Blackhawk Quarry from $4.75 to $5.55 with All other Terms and Conditions Remaining Unchanged (Public Works Transmittal 11/12/03, Contract, Letters) 03.222 31-34 Approve Award of Contract to PAVCO Construction, Inc. for Construction of Concrete Sidewalks and Other Related Work on As Needed Basis, Not to Exceed $180,000 Subject to Terms and Conditions of Brevard County Term Contract #B-3-04-03 (Engineering Transmittal 11/4/03, Contract, Agreement) 03.223 35-38 Approve Award of Contract for Trenchless Conduit Installation at Sebastian Municipal Airport to Young's Communication Company, Inc. in the Amount of $6,863.00 (Airport Transmittal 11/4/03, Bid Tab) 03.224 39-42 Approve Amendment One Waiving Annual Contract Escalation & Decreasing Amount of Performance Bond to Agreement Between City of Sebastian and One Source Landscape & Golf Services, Inc. (Golf Course Transmittal 11/6/03, Letter, Amendment) 03.225 43-58 Resolution No. R-03-52 - Vacation of Easement - Cable - Lots 34 & 35, Block 194, Sebastian Highlands Unit 8 (GMD Transmittal 11/3/03, R-03-52, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 34 AND 35, BLOCK 194, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting November 12, 2003 Page Seven 03.226 J. 59-64 03.227 K. 65-68 O3.228 L. 69-~ 03.098 M. 71-74 Resolution No. R-03-53 - Final Plat for Park Place Phase II (GMD Transmittal 11/5/03, R-03-53, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS PARK PLACE PHASEII;PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Approve Alcohol Use for Wagner Party at Community Center on Saturday, November 29, 2003, from 6:30 pm to 10:30 p.m. (Parks Transmittal 11/5/03, Application) Approve the Closing of Indian River Drive from Cleveland Street South to Harrison Street from 4 to 9 p.m. on Saturday, December 6, 2003 and Approve the Closing of the Yacht Club Boat Ramp from 4 to 9 p.m. on Saturday, December 6, 2003 and Approve the Chamber Reservation of the Yacht Club on Friday and Saturday, December 5 & 6, 2003 for the Santa Sail-In (Public Works Transmittal 11/4/03, Letter) First Reading Ordinance No. 0-03-29 - Parks & Recreation Advisory Committee - Schedule Public Hearing 12/10/03 (City Attorney Transmittal 11/3/03, 0-03-29) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2, ARTICLE IV, ADMINISTRATION: BOARDS, COMMISSIONS, COMMI'I-rEES, TO CREATE DIVISION 3, PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read titles for Resolution Nos. R-03-52, and R-03-53. Vice Mayor Coniglio removed items A, B and M for clarification. MOTION by Hill/Barczyk "Mr. Vice Mayor, I move approval of consent agenda items C through L." Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 4-0 Item A - 10/22/03 Minutes It was noted, for the record, that there were two typographical errors corrected and one roll call vote corrected which noted Mayor Barnes as present and voting, when he was in fact absent. Regular City Council Meeting November 12, 2003 Page Eight MOTION by Coniglio/McCollum "1 would move that we approve item A on the consent agenda." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Roll Call carried 4-0 Item B - Police Retirement Board of Trustees Appointment It was noted, for the record, that Mr. Perez was a resident of Micco, which in the opinion of the City Attorney is acceptable since this is a statutory board and not a City board. MOTION by Coniglio/Barczyk "1 would move to approve item B on the consent agenda." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Roll Call carried 4-0 Item M - Ordinance No. O-03-29 - Parks and Recreation Committee The City Attorney explained the changes to the ordinance since submittal of the agenda packet, i.e., three year terms instead of two, and district representation. MOTION by Coniglio/Barczyk "1 make a motion that we move to approve item M on the consent agenda." (pass on 1st reading and schedule public hearing for 12/10/03) Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 4-0 Regular City Council Meeting November 12, 2003 Page Nine 8. COMMITTEE REPORTS/RECOMMENDATIONS 03.070 75-96 Construction Board Interview, Unless Waived and Appoint As Far As Practical, Contractor Re.qular Member Position (City Clerk Transmittal 10/30/03, Letter, Code, Applications, List, Ad) The City Clerk noted that Mr. Crane did not submit an application for this specific board, therefore, the only applicant under consideration was Mr. Morris. Mr. Morris was automatically appointed. Vice Mayor Coniglio called recess at 8:33 p.m. and reconvened the meeting at 8:45 p.m. All members, with the exception of Mayor Barnes were present. PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor opens hearing · Attorney reads ordinance of resolution Staff Presentation · Public input- Limit of 10 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 podiumand state his or her name for the record. 03.187 97-100 Second Readinq Ordinance No, O-03-15 - Control of Open Burnin,q (City Attorney Transmittal 11/3/03, O-03-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 42-48 CONTROL OF OPEN BURNING; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (1st Reading 10/8/03, Legal Ad 10/29/03) The City Attorney read Ordinance No. O-03-15 by title and explained the ordinance. Vice Mayor Coniglio opened the public hearing at 8:46 p.m. There being no public input, he closed the hearing. MOTION by Barczyk/Hill "Move to pass Ordinance O-03-15." Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 4-0 Regular City Council Meeting November 12, 2003 Page Ten 10. 11. 12. 03.053 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Damian Gilliams read a statement from his restaurant general manager, Mr. Holmes, which offers free meals to individuals who cannot afford to pay on Thanksgiving Day and he called for volunteers. Ed Holmes could be contacted at 589-2628. The hours will be from 11 am to 6 pm on Thanksgiving. Al Vilardi, 445 Georgia Boulevard, Sebastian, expressed concern for certain aspects of development of the new gym on CR512, specifically outdoor racquetball and tennis courts, which he said he believed were not permitted. He asked if Planning and Zoning Commission members being members of the gym was a conflict of interest. Vice Mayor Coniglio suggested Mr. Vilardi schedule a meeting with the City Manager. Baxter Coston, 660 Balboa Street, Sebastian, reported that the Post Office had decided to donate the large banner of the Pelican Island commemorative stamp to the City of Sebastian. Mr. Coston said he was putting his house up for sale tonight based on what occurred tonight. OLD BUSINESS NEW BUSINESS A. First Readinq Ordinance No. 0-03-28 Presentation of CRA Master Plan - Schedule 211-214 Public Hearinq 12/10/03 (GMD Transmittal 11/6/03, O-03-28, Master Plan under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, MODIFYING THE EXISTING REDEVELOPMENT TRUST FUND AND BOUNDARIES FOR THE CITY OF SEBASTIAN'S COMMUNITY REDEVELOPMENT DISTRICT TO INCLUDE THE SEBASTIAN BOULEVARD "TRIANGLE" PER FLORIDA STATUTES 163.387; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-28 by title and noted that this ordinance is in fact a first reading of the trust fund ordinance, and that the redevelopment plan will be acted upon at the December 10, 2003 meeting. Henry Iler, Iler Planning Group, presented the draft amended Community Redevelopment Plan dated November 5, 2003 (which is on file in the Office of the City Clerk). He introduced Craig Benz, David Woodward, and Andy Dolhart. Vice Mayor Coniglio commended Mr. Iler for the report. He then responded to questions from Council regarding including Louisiana Avenue in the report, including areas outside the district in its market study, grandfathering of existing businesses, and loan programs. Regular City Council Meeting November 12, 2003 Page Eleven Warren Dill, discussed reducing the City's workload by appointing a citizen's group to be the Community Redevelopment Agency. He cited the success of Delray Beach's citizen's agency. The City Attorney stated non-residents could serve on a citizen's board per Florida Statute. Larry Paul agreed with Mr. Dill that citizen participation would enhance the project. The City Attorney noted that there will be a minor change in the body of the ordinance at its second reading. MOTION by Hill/Barczyk "1 move to pass Ordinance O-03-28 on first reading and schedule a second reading and adoption hearing for December 10, 2003." Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 4-0 03.229 215-218 Resolution No. R-03-54 - Temporarily Designating a Portion of Laconia Street for One-Way Traffic (Enqineerin.q Transmittal 11/5/03) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, TEMPORARILY DESIGNATING A PORTION OF LACONIA STREET FOR ONE-WAY TRAFFIC; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-54 by title. Corrections in the roll call list of the submitted resolution were noted for the record. MOTION by McCollum/Barczyk "Move approval of the minute." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Roll Call carried 4-0 Regular City Council Meeting November 12, 2003 Page Twelve 03.230 C. 219-224 Resolution No. R-03-55 Establishment of Content Policies for City Website and Television Channel (City Clerk Transmittal 11/6/03, R-03-55, Clerk Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING CONTENT POLICIES FOR CITY WEBSITE AND TELEVISION CHANNEL; PROVIDING FOR CONFLICT. The City Attorney read Resolution No. R-03-55 by title. The City Manager offered a brief presentation and alternative language. Mr. McCollum expressed concern about what would be determined to be non-profit, noting that the Ku Klux Klan would have to be accommodated as a non-profit organization. He said it should be strictly governmental information for both Channel 25 and the website, and non-profit groups should be referred to Channel 29 public access. Larry Paul, Sebastian, recommended listing non-profit events on the sites Mr. McCollum again suggested that this be done on Channel 29 and not on the government channel. Vice Mayor Coniglio agreed that only city-sponsored events be listed. MOTION by Hill/Barczyk "Mr. Vice Mayor, I'd move to adopt Resolution No. R-03-55." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Roll Call carried 4-0 13. CITY ATTORNEY MATTERS Discussed planned implementation of the stormwater bond projects. 14. CITY MANAGER MATTERS The City Manager said he has been requested by the Substance Abuse Council to waive the $150 fee for community center rental on November 22, 2003 for a fundraising event. The City Attorney said that since adopted by Resolution, the provision could be waived. A motion was made to add this item to the agenda. Regular City Council Meeting November 12, 2003 Page Thirteen MOTION by McCollum/Hill "Mr. Mayor I vote to add this to the agenda." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr, Coniglio - aye Mr. Barczyk - aye Roll Call carried 4-0 MOTION by Hill/McCollum "1 move to waive the fee for the Community Center for the Substance Abuse Council." The City Clerk noted that the Council must also approve the door charge. MOTION by Hill/McCollum "1 would amend that to include the ability for them to charge at the door." Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 4-0 The City Manager reported on Waste Management holiday pickup; and said Mrs. DiStephano's photograph will be framed and displayed. 03.191 A. Acknowledgements and Compliments from Residents (no backup) Will save for next meeting. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. Barczyk Received consensus to send a letter to state legislators relating to water management. Asked that the school board ballfield contract be checked because the fields can't be used on the weekend. The City Manager stated arrangement were being worked on. Regular City Council Meeting November 12, 2003 Page Fourteen Stated the subcontractor who cut down the trees in his neighborhood had parked in the swales and left ruts in.the berm. Asked when more lighting will be added to the Riverview Park. The City Manager stated the contractor selection process has begun and will come back with recommendations. B. Mayor Barnes Absent. C. Mr. Hill Noted the citywide years of progress taking place. D. Mr. Coniqlio Asked how 2nd Street was coming. The City Manager stated a partnership with the County will soon take place. Stated Riverview Park looked great on Veterans Day and commended staff on flags along U.S. 1. Wished everyone a Happy Thanksgiving. E. Mr. McCollum Stated at the Land Acquisition Committee meeting there was a majority vote to place a bond for land acquisition on ballot. Stated he would like to bring up rules for lightening at a future meeting. The Vice Mayor stated the Mayor anticipates returning in December and thanked staff for their assistance. Mr. McCollum requested the December 17, 2003 special meeting time be changed to 6 p.m., and City Council concurred. 17. Being no further business, Vice Mayor Coniglio adjourned the Regular Meeting at 10:25 p.m. (ecember 10, 2003 Regular City Council Meeting. ~ Ray Coniglio, Vice-Mayor dr~~rnes, Mayor / -AT r~ o~'~ ~ ~ Sally A. Mai~, CMC, City Clerk CITY OF SEBASTIAN, FLORIDA MUNICIPAL COMPLEX PROJECT ESTIMATED COSTS ANALYSIS (A) (B) April 2003 July 2003 PROJECT DESCRIPTION Proiect Estimate Proiect Estimate New City Hall: City Hall Project(breakdown N/A) $ 2,600,000 Architects: Amhitectural Design Interior Design Project Management Construction Management Engineering, Landscape Sub-consulting Services Pre-construction Construction $ 3,442,314 Security System Video Equipment/Communication System Impact Fees $ 222,101 Furnishings $ 200,000 Testing & Inspection $ 12,000 Subtotal $ 2,600,000 $ 3,876,415 Police Station: Station Expansion (break down N/A) $ 2,000,000 Amhitects: Amhitectural Design ' Interior Design Project Management Construction Management Engineering, Landscape Sub-consulting Services Pre-construction Construction $ 2,594,021 Security System Video Equipment/Communication System Impact Fees/Permits $ 99,686 Furnishings $ 150,000 Testing & Inspection $ 8,000 Subtotal $ 2,000,000 $ 2,851,707 Public Facilities Site Improvements $ 1,500,000 $ 1,077.866 New Park: Park (break down N/A) $ 400,000 Architects: Architectural Design Intedor Design Project Management Construction Management Engineering, Landscape Sub-consulting Services Construction $ 1,484,660 (1) Site Lighting $ 140,000 Impact Fees/Permits $ 18,204 Subtotal $ 400,000 $ 1,637,864 School Renovation (break down N/A) $ 900,000 Architect Renovation $ 250,000 (2) Subtotal $ 900,000 $ 250,000 Public Works/Engineering Building $ 900,000 Miscellaneous Capital Improvements $ 904,000 $ Bond Issuance Costs $ 296,000 $ 296,000 (c) Variance $ 1,276,415 $ 851,707 $ (422,134) $ 1,237,864 $ (660,0oo) $ (90o,0oo) $ (904,000) $ Total $ 9,500,00.,,..,_~~0 $ 9,989,852 $ 489,852 (A) Estimates based upon Spatial Analysis provided by REG Architects, inc.. City Hall estimate was based on 21,340 SF and Police Station expansion was based on 18,516 SF.The funding requirements from the spatial analysis were used as a base for Infrastructure Sales Surtax Revenue Bonds $9,500,000. (B) Estimate reflects increase of 4,500 SF for the City Hall building. (C) Additional funding needed as of July 2003. (1) Amount does not include private contribution of $800. (2) Amount does not include Historic Preservation Grant of $250,000. Page 1 CITY OF SEBASTIAN, FLORIDA MUNICIPAL COMPLEX PROJECT ESTIMATED COSTS ANALYSIS PROJECT DESCRIPTION New City Hall: City Hail Project(breakdown N/A) Amhitects: Amhitectural Design Interior Design Project Management Construction Management Engineering, Landscape Sub-consulting Services Pre-construction Construction Security System Video Equipment/Communication System Impact Fees Furnishings Testing & Inspection Subtotal Police Station: Station Expansion (break down N/A) Architects: Architectural Design interior Design Project Management Construction Management Engineering, Landscape Sub-consulting Services Pre-construction Construction Security System Video Equipment/Communication System impact Fees/Permits Furnishings Testing & Inspection Subtotal (A) (B) July 2003 September 2003 Proiect Estimate Proiect Estimate $ 3,442,314 $ 222,101 $ 200,000 $ 12,000 (c) Variance $ 162,762 $ 162,762 $ 46,503 $ 46,503 $ 46,503 $ 46,503 $ 69,755 $ ' 69,755 $ 139,510 $ 139,510 $ 20,493 $ 20,493 $ 3,691,269 (1) $ 248,955 $ 65,000 $ 65,000 $ 162,500 $ 162,500 $ 222,851 $ 750 $ 200,00O $ $ 12,000 $ - $ 3,876,415 $ 4,839,146 $ 962,731 $ 2,594,021 $ 99,686 $ 150,000 $ 8,OOO $ 2,851,707 89,615 $ 89,615 25,605 $ 25,605 25,605 $ 25,605 38,407 $ 38,407 76,813 $ 76,813 15,460 $ 15,460 2,405,813 (1) $ (188,208) 35,000 $ 35,000 87,500 $ 87,500 100,436 $ 750 135,191 $ (14,809) 8,000 $ $ 3,043,445 $ 1,147,677 $ 80,347 $ 10,100 $ 20,100 $ 30,150 $ 60,300 $ 1,484,660 $ 140,000 $ 27,075 $ 1,852,732 $ 21,000 $ 300,000 $ 321,000 $ $ $ 421,000 $ 11,625,000 Public Facilities Site Improvements $ 1,077,866 New Park: Park (break down N/A) Architects: Architectural Design Interior Design Project Management Construction Management Engineering, Landscape Sub-consulting Services Construction $ 1,484,660 (3) Site Lighting $ 140,000 Impact Fees/Permits $ 13,204 Subtotal $ 1,637,864 School Renovation (break down N/A) Architect Renovation $ 250,000 (2) Subtotal $ 250,000 Public Works/Engineering Building $ Miscellaneous Capital Improvements $ Bond Issuance Costs $ 296,000 Total $ 9,989,852 '"SA) Estimate reflects increase of 4,500 SF for the City Hall building. $ 191,738 (1) $ 69,811 $ 80,347 $ 10,100 $ 20,100 $ 30,150 $ 60,300 (3) $ $ $ 13,871 $ 214,868 $ 21,000 (2) $ 50,000 $ 71,000 $ $ $ 125,000 $ 1,635,148 !B) Estimate based on the Guaranteed Maximum Prices and reflects increase of 4,500 SF for the City Hall building. .(C) Additional funding needed as of September 2003. ?'(1) Guaranteed Maximum Price approved September 24, 2003. '~ (2) Amount does not include Historic Preservation Grant of $250,000. (3) Amount does not include private contribution of $800. Page 2 CITY OF SEBASTIAN, FLORIDA MUNICIPAL COMPLEX PROJECT ESTIMATED COSTS ANALYSIS Major Funding Changes since Spatial Analysis Study: Building Construction Cost Increase since Spatial Analysis Additional 4,500 Square Footage Increase to City Hall Building since Spatial Analysis Study Architectural and Sub-consulting Fees Park Scope Change Impact Fees Video Equipment/Communication System Bond Issuance Costs Security System Reduction of School House Renovation Deletion of Public Works/Engineering Building Project Deletion Other Miscellaneous Capital Projects Net Funding Changes 969,000 567,000 943,000 1,225,000 350,000 250,000 125,000 100,000 (600,000) (900,000) (904,000) 2,125,000 Page 3 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET NOVEMBER 12, 2003 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurre~ or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 1# MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, ~1® net sign this form. The Mayor wilt call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. New Subject: Name: New Subject: Name: New Subject: Name: New Subject: SUMMARY PRICING MEMORANDUM $5,630,000 CITY OF SEBASTIAN, FLORIDA Stormwater Utility Revenue Bonds, Series 2003 Pricing Date: November 5, 2003 8 HOME OF PELICAN ISLAND 7.5 7 6.5 6 5.5 5 4.5 4 $9,500,000 Sales Tax Issue. Series 2003 I I I I I I I I I PERFORMANCE CRITERIA Pdcing Date Par Amount True Interest Cost (TIC) Term (Years)* Average Coupon Average Annual Debt Service (AADS) Maximum Annual Debt Service (MADS) * Total Debt Service CC Mtg (10/8) Pre-Pricing Final Pricing September 16, 2003 October 31, 2003 November 5, 2003 $ 5,650,000.00 $ 5,640,000.00 $ 5,630,000.00 5.034876% 4.632576% 4.300713% 25 20 19 5.109681% 4.424107% 4.090520% $ 402,294.20 $ 422,315.22 $ 4,19,059.10 $ 404,817.50 $ 424,440.00 $ 441,672.50 $ 10,057,355.00 $ 8,657,461.93 $ 8,111,718.75 Total Debt Service Savings: $ 1,945,636.25 DELEGATION PARAMETERS 1. Par Amount 2. Underwdter's Discount 3. TIC 4. Final Maturity Not-to-exceed Final Pricing $ 6,400,000.00 $ 5,630,000.00 1.20% 0.975% 6.000000% 4.300713% April 1, 2028. May 1, 2022. * Financial Goal: Reduce Term so long as MADS < $450,000. Kirkpatrick Pettis A Mutual of Omaha Company Holiday pickup schedules: '[here is no collection on July 4 (Independence Day). Service will resume on its next regularly scheduled pickup day. There is no collection on Labor Day. Labor Day routes will be collected on Tuesday, and Tuesday routes will run on Wednesday. There will not be yard trash collection Labor Day week. resume the 'fc~llowing week. It will There is no collection on Thanksgiving Day, Christ- mas Day (Dec. 25) and New Year's Day (Jan. l). Gar~ bage collection routes will run tl~e Wednesday before these holidays. There will no~ be yard ~ra.sh collection during the weeks of Thanksgiving, Christmas and New Year's Da:/. It will resume the following week~ l-- ITl -0 HOME OF PELICAN ISLAND MEMORANDUM TO: MAYOR BARNES AND CITY COUNCIL MEMBERS FROM: SALLY MAIO, CMC - CITY CLERK~ SUBJECT: NOVEMBER 12, 2003 REGULAR MEETING - MINOR CORRECTIONS DATE: 11/12/2003 CC: TERRENCE MOORE, CITY MANAGER; RICH STRINGER, CITY ATTORNEY; JEANETTE WILLIAMS, DEPUTY CITY CLERK PLEASE NOTE CORRECTIONS TO SEVERAL CITY COUNCIL AGENDA ITEMS AS FOLLOWS: 7. CONSENT AGENDA 7A. Approval of Regular Meeting Minutes - 10/22/03 Corrections to be noted: Circle page 10 - page 8 of minutes - typo in Resolution R-03-48 title -"Finance" Circle page 11 - page 9 of minutes - typos in Resolution R-03-49 - "Including" and "Delivery" Circle page 12 - page 10 of minutes - note that the Mayor was absent in the 2nd roll call 7B. Appoint A. L. Rappy Perez as Fifth Member to Police Pension Board in Accordance with F.S. 185.05 (City Clerk Transmittal 11/5/03, FS, List) Correction to Perez's residence - he lives in Micco (per City Attorney City residency not required because they are a statutory board not City board - also for your information - all previously submitted applications were reviewed but the four members chose to reappoint Mr. Perez) 7M. First Reading Ordinance No. O-03-29 - Parks & Recreation Advisory Committee - Schedule Public Hearing 12/10/03 (City Attorney Transmittal 11/3/03, 0-03-29) The City Attorney has provided a revised ordinance and a copy is attached to this memo - districts are not numbered they are lettered - also terms will be three years rather than two in keeping with our other boards 11. OLD BUSINESS 11.A. Reconsideration of Resolution No. R-03-47 A RESOLUTION OF CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA AMENDING AND SUPPLEMENTING RESOLUTION NO R-03-08 OF THE CITY; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,125,000 IN AGGREGATE PRINCIPAL AMOUNT OF INFRASTUCTURE SALES SURTAX REVENUE BONDS, SERIES 2003A IN ORDER TO FINANCE THE CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR THE CITY, TOGETHER WITH CAPITALIZED INTEREST, IF ANY, AND CERTAIN COSTS ASSOCIATED THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS;MAKING CERTAIN OTHER CONVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS;PROVIDING CERTAIN TERMS AND DETAILS OF SUCH BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT THERETO;ESTABLISHING A BOOK- ENTRY SYSTEM OF REGISTRATION FOR THE BONDS;APPOINTING THE PAYING AGENT AND REGISTRAR WITH RESPECT TO SAID BONDS;AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT WITH RESPECT THERETO;AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Circle page 178 or page 20 of attachment to resolution - Council terms were not corrected - should be Coniglio 2005 - Hill 2004 Circle page 189 or page attachment A-2 of resolution - City elections are held every year not every two years. New resolution has been provided by bond consultants and is attached to this memo. 12. NEW BUSINESS 12.A. First Reading Ordinance No. O-03-28 Presentation of CRA Master Plan - Schedule Public Hearing 12/10/03 (GMD Transmittal 11/6/03, O-03-28, Master Plan under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, MODIFYING THE EXISTING REDEVELOPMENT TRUST FUND AND BOUNDARIES FOR THE CITY OF SEBASTIAN'S COMMUNITY REDEVELOPMENT DISTRICT TO INCLUDE THE SEBASTIAN BOULEVARD "TRIANGLE" PER FLORIDA STATUTES 163.387; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Circle page 214 or page 2 of ordinance - adoption date should be December 10 not November 10 - City Attorney has corrected this on the original. 12.B. Resolution No. R-03-54 Temporari y Designating a Portion of Laconia Street for One-Way Traffic (Engineering Transmittal 11/5/03) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, TEMPORARILY DESIGNATING A PORTION OF LACONIA STREET FOR ONE-WAY TRAFFIC; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Circle page 215 - Motion should be "Move to adopt Resolution No. R-03-54." Circle page 217 - Change Council names in Roll Call list - (has Bishop and Majcher) - City Attorney has corrected this on the original. SAM DRIVE 13 12 14 11 ......... 4 .............. t I,, I,, ,1F, l ....... / I 15 I g i 15 : 7 /. t 5 ~ ....... [ ........ 342 --~, I I /'~ i ~ '/~1 ,s s I / s b .... 4~I¢../ t . I N ......... 345 ......... 4 L ........... ~ ......... 4 I /'~ ,~ 1 4/ x~3o I ........... X ,, :,; ....., 'x "- ..... 34 i .,. "'",., 11 ', ..-' x ", ,.."' ,, ' / t'/ x d "~ -'/ ~ ~ "x ,.,,,,~,;~ I _, r , / ._... .,,.. .,~ ._,.o . ,. "~-~-o / i / I 122 i '* ..... . ..... ', ,~'", ,;x~--x'x~ (Tucn~rOu~)l I ........ I / I ¢.~j/ ".,. I0 %, /' % ~ '~_ ~ 9 ' i 20 m ............. '" x -, >- / X .~ . m ~ ~ .... ,,2 , , ,16~/ I0~1 ~ ~ J 10 ~ , ~ ........... I ,. -" ~/ k ,~ 9 . NO Pa~k~9 j , ~ ~, ~ v / ~ ID ' -/ " -- (~o~1 1 ........... 4 ~ ....... ~ol ~ / './ --< ', ~' t I .. ~ i -- / zu / "" ~.-"~ ~x ~X 348 , / .............. ./ ,, 20 , / ', ~0 l<l ~2 i" ~7 i .. .............. <' ~ '~/'~-~ ~ !~l~.~,~ts,~ ....... ~ ( ~ 2~ ~, /~,, '~-... .... / ,..'" ~Ve UUZeards) :. -- .~t ~ke S4- (Add) i 21 ~_ 3 2 1 25 education awareness prevention referral ,vt OF OITYOLSi~i~ ioard of Directors .ouis Aprile 'apt. Bill Brunner {ev. Robert Cosmas :hief Hugh Cox Jim Davis 'ravis Eslinger ack Fitzharris oan Gentgen Viliiam Hanlon :orporal Fred Jones :aren McHenry )et. Steve Marcinik :arol Molloy udge David Morgan 4ariana Nigh eckie Seiph ~.RO. David Shapiro ~egan Scott :harleneTardi irginia Welton ,dvisory Board )r. Paul Bakule _~ffrey Barton ~dge Marc Cianca ruce Colton ~r. Roger Dearing hief James Gabbard ~iamond Litty apt. Bill McMullen larry Offutt, CRA. heriff Roy Raymond onnie Swanson ~m White he Honorable Judge B. "Buck" Vocelle 989-1996 November 12, 2003 Mr. Terrance Moore, Sebastian City Manager 1225 Main Street Sebastian, Florida 32958 Dear Mr. Moore: I am writing this letter on behalf of the Board of Directors of the Substance Abuse Council of Indian River County. I would like to tell you about The Deep Impact Troupe, which is part of the Prevent Program, a program of the Substance Abuse Council. These youth (students in grades 9 - 12) perform short skits, which spread the drug-free message throughout the community. Each year, the Troupe attends P.R.I.D.E. Drug-Free Youth Conference. This year the conference will be held in St. Louis, Missouri. In order for the Troupe to attend this conference it is necessary for them to host fundraisers throughout the year. Currently the Troupe is scheduled to host a Fall Ball at the Sebastian Community Center on November 22, 2003. Chief Jim Davis, former Chairman of the Board of the Substance Abuse Council, will be assisting the Troupe with a presence of law enforcement for this event. ,During my conversation with him~ he suggested that I write you regarding the possibility of -W~m~ving th~ rental fee for the Community Center for this event. We appreciate your consideration of this matter. Any assistance you can give us would help this Troupe realize their goal of attending this leadership conference and continue to spread their positive message throughout our community. Sincerely, Cathy T. Bncker PREVENT Coordinator 2501 27th Avenue, Suite A-7 Vero Beach, FL 32960 Phone (772) 770-481 I Fax (772) 770-4822 HOME OF PI~LICAN ISLAND CITY OF SEBASTIAN RENTAL PERMIT APPLICATION DATE: \ \ ~'-'t/©~ ~ CO~TY CENTER ADDRESS OF PE MITTEE:c:~50 l No. Street [-]YACHT CLUB C ty PHONE # "'~"~C) - ~(~' t t MAILING ADDRESS: NAME OF GROUP OR OROANIZATION:'T')4~7'%0 ~TICPATED ~ER OF PERSONS ATTEND~G REQUESTED DATE: (~O jD~.~'[~ [~_33:~I1VIE: From: PLEASE ANSWER YES OR NO: 1. Are You a Resident of Sebastian? 2. Will There Be An Admission or Door Charge? 3. Will Alcoholic Beverages Be Served? (a) If answer to #3 is Yes, Permittee's proof of age: Make checks payable to City of Sebastian (A service fee 0£5% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No. R-96-41) OFFICE USE ONLY Office Use Only Rent ............... $ Non-Residem.. Total ................ $ Tax .................. P. O. Services Total ............... $ SECURITY DEPOSIT ..............$250.00 RENT ............................. 7% TAX POLICE OFFICER SERVICES DATE PAID RECEIPT NO. :INITIALS C) '-:'I (,0 ~lcohol Beverage Request [] APPROVED [] DISAPPROVED II x"~'['-- Police Department Agreement Confnmed (if applicable) Key Pickup Date: Key Returned Date: Date Security Deposit Returned By City Check# For $ On: ENCLOSED PUBLIC-USE FACILITY PERMIT APPLICATION~ CONDITIONS~ AND FEES FOR ENCLOSED PUBLIC-USE FACILITY PERMIT. In addition to those provisions set out in the Code of Ordinances, the City Council hereby adopts the following rules, regulations and fees for the use of enclosed public use facilities (the Sebastian Community Center and the Sebastian Yacht Club): A. An application for a permit for an enclosed public-use facility must be submitted on a form, promulgated by the City Manager, to the Parks and Recreation Supervisor, along with the security deposit fee as set out in this Resolution. The application must be received at least two weeks prior to the date of the requested use, however, an application for a permit requiring City Council approval must be received at least two weeks before the next Regular City Council meeting date which is prior to the date of the requested use B. In accordance with the Code of Ordinances, in the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Manager shall not issue a use permit until directed to do so by the City Council. In the event that gambling activity is to be a part of the permitted use, the City Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. No alcoholic beverages of any type may be brought on to the premises, dispensed, or otherwise consumed without prior authorization of the City Council. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further a commercial purpose. C. The City Manager, or his designee, shall issue a use permit upon a determination that the requested use is permissible pursuant to this Resolution and upon payment of the appropriate rental fee as set out in this Resolution. It is the policy of the City of Sebastian that no waivers of the rental or security deposit will be permitted, except as otherwise provided for in this Resolution. D. A use permit for a group composed of minors shall be issued only to an adult who accepts the total responsibility for the supervision of each minor throughout the period covered by the permit. E. The applicant shall disclose the nature of the proposed activity and the anticipated need for extra work by City personnel. If it is determined that the permittee will cause extra work by City personnel as a result of the proposed use, an additional fee Shall be charged in order to fully recoup such cost. F. No decoration of any type shall be permitted without prior approval. Any decoration utilized must be removed by the permittee. G. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from the facility. H. The permittee shall bear the responsibility for the control of the lights, thermostats .(specifically turning off after events), and other equipment in the facility. Further, the permittee shall bear responsibility for the unlocking and subsequent securing of the doors of the facility, in the event that an applicant anticipates any special needs with regard to heating, air conditioning, or lighting, he shall disclose the details of such necessities at the time of application. I. The permittee is solely responsible and answerable to the City for damages and to any iniured person for any and all accidents or injuries to persons or properties resulting from the use of the facility during the permitted period. The permittee shall ensure that the facility is left in the same condition as it was in prior to the permitted use. Any facility equipment utilized must be replaced in the facility's storage room after use. J. Use permits are not transferable. K. The permittee for any function at which 76 or more attendees are anticipated, shall be required to hire one or more Sebastian Police Officers to attend the function for security purposes at the rate established by the City Manager for City officers hired for private duty, unless waived by City Council. The ratio of the number of attendees to required officers is attached hereto as Exhibit "A". Verification of the agreement with the Sebastian Police Department shall be obtained by the Parks and Recreation Supervisor prior to issuing a key to the permittee. If the Police Department verifies that a sufficient number of School Resource Officers will be used to handle security for a teen dance/function, hiring of police officers is not required. Private duty police officers shall' be available for groups of any size if requested by the permittee. L. A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompany each application for use of the Community Center and Yacht Club. This deposit is refundable if a facility is left in a olean and undamaged condition by the permittee. In the event that the Gib/, 'in its sole discretion, determines that cleaning or repairs are necessary after the permitted use, the deposit shall be forfeited. In the event that cleaning or repairs are not necessary, the City Clerk shall refund the deposit to the permittee within two (2) weeks after the completion of the permitted use. Rates for Community Center and Yacht Club are as follows: Public Use Facility Community Center Resident Rates Four (4) hr flat rate $150.00 Each Additional hr $ 25.00 Non-Resident Rates Four (4) hr flat rate $ 225.00 Each Additional hr $ 37.50 Yacht Club Four (4) hr flat rate $ 75.00 Four (4) hr flat rate $110.00 Each Additional hr $ 15.00 Each Additional hr $ 20.00 T-P, Exemption from Rates: The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetings per month at the Yacht Club based on a prior agreement with General Development Corporation relative to this facility. Not-for-profit Organizations: In the event that the applicant is a school, church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the Sebastian Community Center or the Sebastian Yacht Club shall be one-half (1/2) the regular rate. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. \ms-ann\yc-cc rules.doc TO KENTEKS OF SEBASTIAN COMMUNITY CENTER OK YA~ CLD~: A deposit oftwo-hundred f~y dollars ($250.00) for cleanup mum be made with the application. This deposit is refundable if the building is left clean and undamaged by permittee. If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit shaIl be forfeited, based on information supplied by the superintendent of buildings. cMc City Clerk , permittee for s~id premises, have read the rental roles and regulations and agree to all the conditions listed. Furthermore, I understand that neglecting to clean the premises immediately afterward will result in forfeiture, in part or full, of the. security deposit. / J 3 / .l~ate ~ Signature /