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Home My WebLink About09222004 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 22, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - t225 MAIN STREET, SEBASTIAN, FLORIDA individuals will address the City Council with respect to agenda items immediately before deliberelfon of b3e item by the City Council - limit of five minutes per speaker (R-04-26) t. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER CONIGLIO 3. INVOCATION BY FATHER MORRISSEY, ST. SEBASTIAN CATHOLIC CHURCH 4. ROLL CALL 5. 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-04-26) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS - none. 7. CONSENT AGENDA Afl 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, U3e item will be removed and acted upon separately. ~*-2 A. Approval of Special Meeting Minutes - 919104 3- t t B. Approval of Regular Meeting Minutes - 9/15/04 04.197 C. Authorize the Award of Property, Casualty and Liability Insurance Contract to Flodda 13-).4 Municipal Insurance Trust for One Year Term (GSA Transmittal 9/15/04, Exhibit A) 04.198 D. Waive Competitive Bid Procedures and Authorize Renewal of the Following 15-20 Agreements: Dental Insurance Through MetLife; Vision through Vision Care Plan; and Life Insurance and Long-Term Disability through Jefferson Pilot (HR Transmittal 9/15/04, Recommendation, Analysis Sheets) 04.199 E. Authorize the Award of Workers' Compensation Insurance Contract (Option 2) to Florida 21- 22 Municipal Insurance Trust for One Year Term (HR Transmittal g/16/04, Tab, Recommendation) 04.200 23-26 04.201 27-31 04.202 33-40 10. 1t. 12. 13. 14. 04.203. 15. Approve Emergency Repair of Sebastian Golf Course Ddving Range Net and Netting System from Net Connection in the Amount of $50,865 and Move to Appropriate $50,865 From General Fund Disaster Emergency Reserve for a Temporary Loan to Fund Repairs (Golf Course Transmittal 9/14/04, Proposal, Warranty) Authorize Craft Club of Sebastian Craft Shows at Riverview Park from 9 am Until 3 pm on 10/2/04, 11/6/04, 12/4/04, 12/5/04, 1/8/05, 2/5/05, 3~5~05, 4/2~05, 5/7/05 · Authorize Rain Dates from 9 am Until 3 pm on 10/3/04, 11/7/04, 1/9/05, 2~6~05, 3~6~05, 4~3~05, 5/8/05 (Public Works Transmittal 9/13/04, Application, List, Info) COMMITTEE REPORTS/RECOMMENDATIONS PUBLIC HEARING Procedures forpublic hearings: (R-04-26) Mayor opens headng Affomey reads ordinance of resolubon Staff Presentation Applicant Presentation Public input - Limit of 5 minutes per speaker Staff summation Applicant Summation Mayor closes headng Council action Anyone wishing to speak is asked to sign up before the meeting, when celled go to the podium and state his or her name for the record. Second Reading and Adoption Headng Ordinance No. O-04-18 - Land Use Map Amendment Compilation (City Attorney Transmittal 9/16/04, O-04-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION FOR ANNEXED LAND; ADOPTING RECORD FROM PRIOR HEARINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS, EFFECT ON OTHER ENACTMENTS, SEVERABILITY AND EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occuned or was discovered within the previous six months which is not othem, ise on the agenda - sign-up required - limit of five minutes for each speaker OLD BUSINESS - none. NEW BUSINESS CITY ATrORNEY MATTERS CITY MANAGER MATTERS A. Preliminary Damage Estimates Resulting from Hurricane Frances CITY CLERK MATTERS 2 t6. CITY COUNCIL MA'I'I'ERS A. Ms. Monier B, Mr. Barczyk Mayor McCollum D. Mr, Heptinstall E. Mr, Coniglio 17, ADJOURN (A# mee~nOs saa# a~ourn at 10:30 p.m. un/ess extended for up to one half hour by a majoriiy vote of City Council) ff any person decides to appeal a decisien with any respect to any matter considered at the above hearing or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by the City. (F. S. 286. 0 f 05) In compliance with the Americans with Disabilities Act (ADA), anyone who needs special accommodation for this meeting should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: · Regular City Council Meeting- October 13, 2004 - 7:00 pm · Regular City Council Meeting- October 27, 2004 - 7:00 pm · Regular City Council Meeting- November 17, 2004- 7:00 pm · Regular City Council Meeting- December 8, 2004 - 7:00 pm 3 SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING THURSDAY, SEPTEMBER 9, 2004 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCoilum called the Special Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLLCALL City Council Present: Mayor Nathan McCollum Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier City Council Absent: Vice-Mayor Joe Barczyk (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Finance Director, Shai Francis 1sT PUBLIC HEARING AND TENTATIVE ADOPTION - PROPOSFI3 04.127 1-4 MILLAGE AND TENTATIVE FY 2004~2005 BUDGET RESOLUTION NO. R-04-34 - Millaqe Rate for Calendar Year 2004 - Tentative Adoption - Final Public Hearinq and Final Adoption Scheduled for 9/22/04 (Finance Transmittal 8/27/04, DR Certification of Taxable Value, R-04-34) A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY. FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2004 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney stated the rolled back rate of 4.0565 mills and then read Resolution No. R-04-34 by title which includes the proposed millage rate of 4.5904 mills. Special City Council Meeting Budget Hearing September 9, 2004 Page Two There was no public input. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-04-34 was tentatively adopted on a roll call vote of 4-0. 04.127 5-12 RESOLUTION NO. R-04-35 - Fiscal Year 2004t2005 Budqet - Tentative Adoption - Final Public Hearinq and Final Adoption Scheduled for 9/22/04 (Finance Transmittal 9/9/04, R-04-35, Schedule A) A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS OF THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A" ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-04-35 by title. There was no public input, On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-04-35 was tentatively adopted on a roll call vote of 4-0. The City Clerk reported that Indian River County Commission had rescheduled their final budget hearing to September 22, 2004, and in accordance with Florida law, the City must then reschedule its September 22, 2004 final budget hearing because the County takes precedence. It was the consensus of Council to schedule the final budget hearing for Tuesday, September 21, 2004 at 6:00 p.m. Mayor McCollum stated that he would like the City to keep all displaced staff on the job in whatever capacity necessary. The City Manager read his newsletter relative to Hurricane Frances dated September 9, 2004 into the record (see attached). Being no further business, Mayor McCollum adjourned the budget hearing at 6:20 p.m. Approved at the August 11"~, 2004 Regular City Council meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, CMC, City Clerk HOME OF PELICAN ISLAND 2. 3. 4. SEBAST!AN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 15, 2004 - 7:00 P.M. CITY COUNCIL CHAltIIBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum called the Regular Meeting to order at 7:00 p,m. The Pledge of Allegiance was led by Vice Mayor Barczyk. There was a moment of silence. ROLLCALL City Council Present: Mayor Nathan McCollum ViCe-Mayor Joe Barczyk Councilmember Ray Coniglio Counciimember Mike Heptir~stali Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Tracy Hess Golf Course Director, Greg Gardner Public Works Director, Terry Hill AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the w~ftten agenda may be added only upon a unanimous vote of City Council members (R-04-26) The City Attorney requested addition of Ordinance No. O-04-18 for first reading. It was added to old business on a voice vote of 5-0. Regular City Counci! Meeting September 15, 2004 Page Two 04.191 1-9 04.196 11-15 04.163 17-19 04.060 21-27 04.193 29-30 04.194 31-34 PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS Certificate of Appreciation to Lions Club of Sebastian, Inc. Fantastic Independence Day Celebration Ed Moore accepted the plaque on behalf of the Lion's Club. Other members were also in attendance. CONSENT AGENDA All items on the consent agenda are considered reutJne and will be enacted by one motion. There will be no separate dt~cussion of consent agenda items unless a member of City Council so requests; in which even~ the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes 8/25/04 Resolution No. R-04-38 Project Safe School Grant (City Manager Transmittal 918104, R-04-38) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES PROJECT SAFE SCHOOLS PROGRAM. Resolution No. R-04-40 Non-Binding Referendum Regarding Annexation (City Clerk Transmittal 8/31/04, R-04-40) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING A SPECIAL ELECTION FOR NON-BINDING REFERENDUM ON ANNEXATION; PROVIDING FOR CONDUCT AND PAYMENT FOR SAME; PROVIDING FOR THE MAILING HEREOF; PROVIDING FOR AN EFFECTIVE DATE. Authorize Expenditure of $10,506.72 with Security One Systems, Inc. for Server Licensing, Corporate Edition Software, and Installation for Security Systems in the New Sebastian Police Station and City Hall (GSA Transmittal 8/31/04, Proposal) Approve Purchase of Club Car Carry All 2 from Club Car Dealer Professional Golf Car Corporation for State Contract Price of $5,756.00 (GC Transmittal 9/8/04, State Contract Quote) Approve Purchase of Toro Greensmaster 3150 from Hector for State Contract Pdce of $20,358.00 (GC Transmittal, State Contract 515-630-03-1 ) On MOTION by Mr Coniglio, and SECOND by Mr. Barczyk, consent agenda items A through F were approved on a roll call vote of 5-0. 2 Regular City Council Meeting September 15, 2004 Page Three 8. COMMITTEE REPORTS/RECOMMENDATIONS 04.095 A. 35-40 Tree and Landscape Advisory Board (City Clerk Transmittal 8/16/04, Code Section, Application, Member List, Ad) 1. Interview, Unless Waived, and Appoint Alternate Member with Term to Expire 11/1/2005 Kenneth Albrecht was the only applicant for the position, and was appointed to the position following nomination by Mr. Coniglio. PUBLIC HEARING 04.178 41-44 Second Readinq and Adoption HeadnR Ordinance No. O-04-16 Repeal Resi.qn to Run Code (City Clerk Transmittal 9/8/04, 0-04-16, F.S.) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, TO REMOVE RESIGN TO RUN RESTRICTIONS AND REGULATE COUNCIL MEMBERSHIP ON BOARDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. (PJ ad 8/25104) The City Attorney read Ordinance No. O-04-16 by title and bdefly described the amendment. There was no public input and the hearing was closed. On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstali, Ordinance No. O-04-16 was adopted on a roll call vote of 5-0. 04.168 45-48 Second Readin.q and Adoption Hearin.q Revised Ordinance No. O-04-17 Council Expenses and Travel (City Attorney Transmittal 8/31/04, O-14-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUN'FY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 REGARDING COUNCIL EXPENSES AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.(PJ ad 8/25/04) The City Attorney read Ordinance No. O-04-17 by title and briefly described the amendment. There was no public input and the headng was closed. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. O-04-17 was adopted on a roll call vote of 5-0. 3 Regular City Council Meeting September 15, 2004 Page Four DRAFT 04.069 C. 49-73 Quasi-Judicial Public Headnq Resolution No. R-04-37 Preliminary Development Plan/Plat for Phase III of Collier Club (GMD Transmittal 8/31/04, R-04-37, Preliminary Plat, GC Improvements Plan, R-97-75, Staff Report, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS COLLIER CLUB PHASE III, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (PJ ad 8/29/04) The City Attomey read Resolution No. R-04-37 by title. Mayor McCollum disclosed ex-parte communication. The City Clerk swore in Chuck Mechling, applicant, and the Growth Management Director. Mr. Mechling presented the preliminary development plan for Phase III for Collier Club, noting that setbacks had been increased and that the project will comply with what Engineering staff drainage requirements. The Growth Management Director said the biggest issue surrounding Phase III is the proposed access through the Golf Course, noting a condition of a 1997 resolution, requiring designed access prior to approval of Phase IliA. He then read paragraph 9 from Resolution No. R-97-75. He went on to say that Engineering staff is still in the process of drainage design in that area, which will ultimately lead to landscape and buffer design. The City Attorney said lots have been sold on reliance of this condition, therefore, Council could probably not change it. Steve Melchiod, swore to give factual testimony, and described the access controls planned for this entrance. The Growth Management Director said no Golf Course parking spaces will be lost. In favor The City Clerk read the names of twelve residents in favor of the request into the record (on file in the subdivision record). Opposed Robert Bebe, Sebastian, asked why the developer wouldn't utilize Wimbrow Drive and said he was opposed to the proposed road access. 4 Regular City Council Meeting September 15, 2004 Page Five t0. Chuck Mechling, responded relative to reason for not using Wimbrow Drive due to the developer deeding property to the City, and adverse impact on Main Street. The Growth Management Director said there was opposition in 1997 for the use of Wimbrow so it was designed as an emergency access only. Mayor McCollum said he recalls the opposition for the use of Wimbrow, and that ir{ of support of past councils, he will support this plat. Other members agreed to continue support. On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Resolution No. R-04-37 was adopted on a roll call vote of 5-0. 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 five minutes for each speaker Damian Gilliams, 713 Layport Ddve, Sebastian, thanked the City Manager for leading the City during the emergency, opposed clay courts, said a letter should be sent to FPL about not maintaining trees, said an emergency meeting of Council should have been called during the disaster, that businesses should have been included in the shutdown of alcohol sales, there needs to be a disaster boat plan in place, and thanked the new building official for his efficiency. Sal Neglia, Sebastian, thanked the Mayor, Mr. Coniglio, and Mr. Moore, and city workers. He said on behalf of Rich Taracka, residents should call the Public Service Commission at 1-850- 413-6902 if they have any complaints against FPL. He asked the rocket be removed or repaired on U.S. 1. Andrea Coy, thanked the Mayor and all who kept residents informed, recognized City and Orange Heights residents who lost their homes. She said 911 did not work well due to response lag, and cited pdor incidents when 911 response was slow. She suggested that this be investigated and perhaps 911 be located in Sebastian. Mayor McCotlum suggested she provide a summary to the City Manager. The City Attorney said fire rescue would not come into the City at all. Mr. Heptinstall said he would obtain a copy from the City Manager and look into it as well. OLD BUSINESS Ordinance No. O-04-18 - Comprehensive Land Use Plan Amendments The City Attorney advised City Council that the Department of Community Affairs (DCA) had responded to his reply resulting from DCA's response to the City's transmittal advising that all amendments should be adopted on one date. He provided a new ordinance (see attached to these minutes) that will rescind the adoption of the previously adopted land use Ordinances and adopt all amendments by reference. He advised that tonight will be a first reading and that public headng for adoption will take on September 22, 2004. Regular City Council Meeting September 15, 2004 Page Six DRAFT The City Clerk noted that the advertisement will run in Fdday's newspaper if passed on first reading tonight. The City Attorney read the names of the five affected parcels as follows: Cross Creek, Spencer, Ashbury, Sebastian Crossings, River Oaks Preserve and then read Ordinance No. O-04-18 by title. On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Ordinance No. O-04-18 was passed on first reading and set for public headng on September 22, 2004. t2. NEW BUSINESS 04.168 A. 7'5-7'6 Resolution No. R-04-39 Adoption of Council Travel Policy (City Attorney Transmittal 8/31/04, R-04-39) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING A TRAVEL POLICY FOR CITY COUNCIL; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The City Attorney provided a travel policy pdor to the meeting (see attached) and described it for the record. On MOTION by Ms. Monier, and SECOND by Mr Coniglio, Resolution No. R-04-39 was adopted on a roll call vote of 5-0. 04.195 77 Reschedule November and December City Council Meetings (City Clerk Transmittal 9~8~04) On a MOTION by Mr. Coniglio and SECOND by Mr. Heptinstall regular meetings were rescheduled to November 17 and December 8, 2004 on a voice vote of 5-0. 13. CITY ATTORNEY MATTERS Reported that he has been advancing in productive discussions with SkyDive Sebastian's legal matter and he invited questions from Council. He met with the Treasure Coast Builders' Association and discussed both impact fees and the Building Department's fees. He stated the upcoming City audit will provide beneficial information on the allocation of the permit fees. Side II, Tape I (8:04 pm) Stated that Council did receive the zoning information within the CRA triangle and the three major zoning districts are: industrial, commercial general and public service. Stated he was proud of the community during emergency. 6 Regular City Council Meeting September 15, 2004 Page Seven D AFT 14. CITY MANAGER MATTERS Updated Council on the aftermath of Hurricane Frances, citing resumption of construction activity on the municipal complex, that the Golf Course will reopen this weekend as a result of the responsiveness of One Source and Greg Gardner, Golf Course Director. He reported that the Cain House was originally to be moved today but that he will report on the new schedule in the future. Received a consensus from City Council to waive building permit fees after the fact in light of the emergency. Mr. Coniglio said the County Commission is allowing some of its business people to work from their homes and consideration of a similar ordinance was added to the agenda by a voice vote of 5-0. Mr. Barczyk asked if something could be published telling people about certified contractors and permit fee waivers and it was suggested that since Channel 25 is back up and running as of today, it could be posted there. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, professional businesses were approved to work out of their homes for a period of six months on a voice vote of 5-0. t5. CITY CLERK MATTERS Spoke about the people in City Hall who lost the use of their homes yet smiled and worked through the disaster and inspired everyone, said there are elderly people in the City who cannot move the vegetation to the street and need help, and thanked Pike Electdc for all their help and communications. 16. CITY COUNCIL MATTERS A. Mr. Coni.qlio Thanked City staff involved in the emergency, asked how debds is being picked up and was told vegetation and construction debris will be picked up by City contractors and regular trash by Waste Management, asked when ramps and piers will be available and the City Manager responded he will be making a report, asked about the closing of the Main Street railroad crossing and suggested the City Manager and Joe Baird go to the Senators and Congressmen to have FECR open the crossing for safety sake. Asked for a report on the condominium construction on Indian River Ddve that appears to have ceased. 7 Regular City Council Meeting September 15, 2004 Page Eight B. Ms. Monier 1. Consensus Re,qardinR Off Site Yard Sale Si.qns (no backup) Suggested an additional fee for three off-site yard sale signs. It was the consensus of City Council for the City Attorney to bdng back an ordinance; suggested additional detour signs for Louisiana due to the Main Street railroad crossing; thanked City staff for their work dudng the emergency, and talked about the condition of Arcadia from Hurricane Charley and how lucky we were despite what we've gone through with Frances. C. Mr. Barczyk Discussed eldedy citizens who might need help for debris removal; commended emergency electrical workers who are here from out of state and dsk their lives; and said he sees the City pulling together to help one another. D. Mayor McCollum 1. Consensus Re,qardin.q RequestinR Committee Reports to Council (no backup) It was decided that the committees would be invited to report to Council twice a year on any subject they would like to present relative to the activities of their committees. 2. Indian River County Commission Meetin,q Attendance (,o backup~ October - McCollum November - Barczyk December - Heptinstall January - Monier February - Coniglio Beginning of March - McCollum Discussed FPL, noting that the workers have been terrific, the problem is with the hierarchy, that the State sets regulations for FPL and Bellsouth through the Public Service Commission. He said on a future agenda, Council needs to discuss our historic lenient attitude on FPL matters. He said he knows that residents have concerns but wanted the residents to know that local government officials have nothing to do with regulating FPL. E. Mr. Heptin. stall Commended the citizens of Sebastian and City staff for the work they did during the emergency; reported on the senior center being demolished, however, there is transportation to the Vero Beach senior center and residents can call 567-0760 for transportation or meals on wheels; reported that Sebastian Catholic Church has provided meals for seniors and will deliver meals on wheels. He gave his phone number, 581-9976, in case anyone needs help. Regular City Council Meeting September 15, 2004 Page Nine Mayor McCollum said the panhandle is set to have a catastrophic hurricane in about 3-4 hours and to keep those residents in our thoughts. Being no further business, Mayor McCollum adjourned the Regular Meeting at 8:52 p.m, Approved at the Regular City Council Meeting. Nathan B. McCollum, Mayor ATTEST: Sally A, Maio, CMC, City Clerk HOME OF ~EL1CAN CITY OF SEBASTIAN AGENDA TRANSMITI'AL Subject: New contract for Property, Casualty & Liability Insurance Program ~~-~/by: City Manager I~nnx~ e .~re Agenda No. Finance Director:. Purchasing/Con~r~t[ng: City Attorney: ~-. City Clerk: Date Submitted: September 15, 2004 For Agenda of: September 22, 2004 Exhibits: Exhibit "A": Property, Casualty, and Liability Insurance Proposals Comparison EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The Property, Casualty and Liability Insurance contract for the city will expire at the end of this fiscal year. In accordance with Purchasing Procedures, a notice of invitation - Request for Proposal (RFP) was disthbuted to the insurance firms that specialize in providing these services. Proposals received fi.om Florida Municipal Insurance Trust (current insurance company) and Public Risk Insurance Agency were opened on September 13, 2004. A committee consisting of Ms. Shai Francis (Finance Director), Mr. Paul Wagner (General Services Administrator), and Mr. Jesus M. Vieiro (Buyer) conducted an analysis based on the proposals. Although both fimas are highly qualified, FM1T submitted the best overall proposal and the city has established good working relationship with them during the last two contracts. Overall there is not significant premium difference. However, Florida Municipal Insurance Trust has the best stop loss and the deductible provisions. A Property, Casualty, and Liability Insurance Proposals Comparison worksheet is attached to this agenda as Exhibit "A". RECOMMENDED ACTION Move to award the Property, Casualty and Liability Insurance contract to Florida Municipal Insurance Trust for one (1) year term. ~ ~ oo oooo ~ oo oooo CITY OF SEBASTIAN AGENDA TRANSMYIWAL Subject: Group Health Insurance and Renewal of Dental, Vision, Life, & Long- Term Disability lnsu, r, ance red for Su ~.i~al.,by: City Manager AgendaNo. {'C~OC, Iq,9 Department Origin: ltuman Resources Di~ General Services Finance Director~ ~.City Attorney: City Clerk: Date Submitted: September 15, 2004 For Agendn of: September 22, 2004 Exhibits: Recommendation from the Gehring Group and Renewal Analysis Sheets EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $1,552,904 $1,552,904 REQUIRED: No SUMMARY GROUP HEALTH INSORANCE: The City's current agreement with the Florida Municipal Insurance Trust (FMIT) for Group Health Insurance, approved by Council in September 2003, provides for a premium increase of up to 45% in October 1, 2004; however, since the City's claim experience during FY 03-04 has been more favorable, FMIT has agreed to a 24.01% premium increase for the second year. Since Council has already approved the agreement as stated above, this is for information purposes only and no Council action is required on this item. DENTAL ~SURANCE: Thc City absorbed last year a 40% premium increase for Dental Insurance through MetLife, which has agreed to renew for another year with a 16% prennum increase m October 1, 2004. The G-chfing Group enosiders this pnanium increase reasonable and that soliciting bids for only this plan will not yield any savings and accordingly recommend contract renewal with MetLife. I~ONCr-TERM DISABIIXIn/and LIFE INS~YRANC~: Due to the a small premium inereasc (less than $800 annually) to the City's long4~a'm disability, and (less than $3,500 annually) life insuranea plans with Jefferson Pilot (formerly Canada Life), the Gchring Group recommends renewing with Jefferson Pilot (see attached letter from the ~g Group). VISION: Vision Care Plan is not increasing preaniums; therefore, staff recosmtteada renewal. RECOMMENDED, ACTION Move to waive competitive bid procedures and authorize renewal of the following agreements: Dental Insurance through MetL'ffc; Vision through Vision Care Plan; ~nd Life Insorance & Long-Tann Disability through Pilot (formerly carried by Canada Life). City of Sebastian Dental Renewal Effective: October 1, 2004 SCHEDULE OF BENEFITS Deductible Group I Services: Group II, II1 & IV Services: Benefits Group I Preventative: Group II Basic: Sroup III Major. 3roup IV Orthodontia: Annual Benefit 3roup I, II, & III Drthodontia Lifetime Maximum 3roup IV Services ~)ut of Network Services Reimbursed at: Rate Guarentea Rates Single: 6~ EE + Spouse: 23 EE + Child(ton): 11 Family: 1~c Monthly Premium: Annual Premium: ; Increase: ~ increase: In Neb/york Out of Network $0 $0 $50 Individual $50 Individual $100 Family $100 Family 100% 100% 80% 80% 50% 50% 50% 50% $1,000 $1,000 90th Percentile N/A $23.45 $47.04 $58.83 $81.75 $4,8O6.55 $57,678.60 N/A N/A In Network Out of Network $0 $0 $50 Individual $50 Individual $100 Family $100 Family 100% 100% 80% 80% 50% 50% 50% 50% $1,000 $1,000 90th Percentile 12 months $27.20 $54.57 $68.24 $94.83 $5,578.52 $66,906.24 $9,227.64 16.00% U:~clients~Sebastia n, City oflEmployee Beneflt$~072304- Seba~lan Dental Renewal 2004-2005 LIFE AND AD&D Current Loss Ratio B~o~ &Dic Life Rate / $1,000 Rate / $1,000 iai Life and AD&D Rate CURRENT RENEWAL Canada life Canada Lffe/JP 323.50% $(3.245 $0.297 $O.O40 $O.O4O $0.288 $0.337 --stimated Volume $1,257,000.00 $1,257,000.00 total Monlhly Premium $361.39 $423.61 rotal Annual Premium $4,338.85 $5,083.31 Increase N/A $746.66 Increase N/A 17.22% 3NG-TERM DISABILITY 3urrent Loss Ratio _ong Term Disability Rate/$100 Canada Ufe Canada Llfe/JP 89.21% $0.350 $0.437 --atimated Volume $337,231.00 $337,231.00 total Monthly Premium $1,180.31 $1,473.70 I'otal Annual Premium $t4,t63.70 $17,684.39 ;Increase N/A $3,520.69 ~, Increase NIA 24.86% TOTAL LIFE AND LTD PREMIUM $ INCREASE % INCREASE $18,500.35 $22,767.70 N/A $4,267.35 N/A 23.07% GEHmNG August 31, 2004 Mr. Jim Sexton, Human R~ourees Director City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Employee Benefits Proffram Emluation Effective Date: October 1, 2004-$ept~nber $0, 2005 Dear Jim: Upon review of the renewal proposals submitted by each of tho incumbent carriers, the Gehring Group submit~ the following recommendations for your review and consideration: Health Insurance As you are aware, the City's health insurance claims experience during the plan year begioning October 1, 2002 necessitated a renewal increase for the plan year beginning October 1, 2003 in the 90% range. However, due to the City's -nauracfive claims experience, the inability to obtain more competitive quotes and the Florida League of Cities' willingness to work with the City, the League agreed to impoze only 45% of the needed 90% increase at last year's nmewal and to collect the other 45% upon the October 1, 2004 renewal date. During the past year, however, the City's claims experience has been more favorable. Thus, the Florida League of Citiss proposed a renewal increase of 24.01% ver~ns the expected 45% agreed upon by the City in the previous year. Dental Insurance Currently, the City offers a dental PPO through MetLife. The renewal for this line of coverage proposed by MetLife for the October 1, 2004 renewal date is 16% which represents an increase of less than $10,000 annually. Therefore, due to the current level of employee satisfaction with the MetLife dental plan, the Gehrln~ Group has oonclude~ that renewing with the M~Life i~ the most viable option at this time. Life and Long Term Disability Insurance Tho r~newal proposal submitted by Jefferson Pilot (formerly Canada Life) for the City's group Basic Life Insurance coverage ganerated a rate increase of 17%; however, this represents an annual increase of less than $800. The City's current loss ratio for its life insurance program is 323% which contributed to this increase. The Long Term Disability Insurance also received a rate increase due to the fact that there are currently two open LTD claims. This increase of 23% represents an increased cost to the City of approximately $3,500. 11505 FAIRCHILD GARDENS AVENUE · SUITE 202 · PALM BEACH GARDENS, FL 33410 ~'HONE 561,626,6797 · fAX 561,626.6970 · TOLL~R~ 800.244.3696 · www. geh fing~'oup, com Page 2 Jim Sexton August 3t, 2004 Consideriu8 the City's loss ratios for thes~ lines of insurance, the renewal offer from Jefferson Pilot is indeed competitive. In Summary It is the recommendation of the C-ehting Group that the City renew its health, dental, life and LTD coverages with each of the incumbent carriers. Should you have any questions regarding the recommendations herein, please do not hositste to contact the Gehring Group. Sincerely, Kris Gehring, Vice President - Account Management GEHRING GROUP KG/ct CC: Kurt Gehring, President CEO, Gehring Group Jan Cadenhead, Senior Vice President CO0, Oehdng Group Stephanie Drost, Director - Account Management, Gehring Group CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: New contract for Workers' Compensation Program A/pP~'~: City Manager Te~ence/l~M~ore Agenda No. 0~, lqq Department Origin: Human Resources Dir!~ General Services Finance Director.'Admi~~ City Attorney: City Clerk: Date Submitted: September 16, 2004 For Agenda of: September 22, 2004 Exhibits: Tabulations of Proposals and Recommendation fi.om the Gehring Group EXPENDITURE REQUIRED: [ AMOUNT BUDGETED: APPROPRIATION N/A ] N]A REQUIRED: N/A SUMMARY The Workers' Compensation Insurance contract for the city will expire at the end of this fiscalye~. In accordance with Purchasing Procedures, a notice of invitation- Request for Proposal (RFP) was distributed to the imuram~ firms that specialize m providing these services. Proposals received from Florida Municipal Insurance Trust (current insurance company) and Public Risk Insurance Agency were opened on September 13, 2004. The Gehring Group, assisted by Jim Sexton (Director of Human Resources), Shai Francis (Director of Finance), Mr. Paul Wagner (General Services Admlni~trator), and Jesus M. Vieiro (Buyer) conducted an analysis based on the proposals. Although both firms are highly qualified, FM]T submitted the best overall proposal and the city has established a good working relationship with them during the last two contracts. Overall there is not significant Florida Municipal Insuranee Trust has taken a firm stand against fraudulent elaimn and was successful in their investigation of an employee who was illegally obtaining Workers' Compensation b~nefits. On difficult claims, FMIT assigns a nurse case manager to attend doctor's visits with the injured worker to ensu~ prop~ care is given with the focus on returning the employee back to productive work A Workers' Compensation Comparison Worksheet is attached to this agenda as Exhibit "A". It is my pleasure to inform you that next year's premium re, fleets a savings in excess of $100,000 from current year's premium. As mentioned at the budget hearing, this improvement is based on the City's pmastive safety ~xm~mittee, tha City's safety incentive award program, and a li~c luck. Considering th~ improved claims exp~ienee, Staff recommends w~ select option 2, and assume the risk of a $10,000 deductible. In choosing Option 2, the City will save an additional $37,000. RECOMMENDED ACTION Move to award the Workers' Compensation Insurance contract (Option 2 ) to Florida M~micipal Insurance Trust for ene (1) year term. ~ "o o o, o ;;0 mmi, ITl ~ c c c 0 ~ ,e~ Z (~ 0 o .-ii z o ~i 0 :~ Z Z C m -I T m ITl Z O) o-n O) ;;0t- m m Z 0 .-I C ,-I --no r--0 c .-I CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorize emergency repair to Golf Agenda No. Course driving range net system. Department Origin: Go~lfCou.rse Golf Course Director General Services Admin: A~oved for Sgbmittal by: City Manager Finance Director: C--~/~- ,./~ City Attorney: ~.~-_ '~/~~ City Clerk: "-~' T rr~e/n~fR~ Moore Date Submitted: September 14, 2004 For Agenda of: September 22, 2004 Exhibits: Net Connection Project Proposal, Net Warranty EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $50,865 -0- REQUIRED: A Temporary Loan from the General Fund Disaster Emergency Reserve ($350,000) SUMMARY The driving range net and net structure sustained extreme damage due to Hurricane Frances. This poses an obvious safety hazard for the following reasons, (#1) with 65,696 square feet of netting tom, driving range golf balls could go into numbers one (1) and nine (9) fairway which will endanger golfers playing the aforementioned holes and (#2) with one (1) pole completely tom in half and twelve (12) other poles leaning, there is potential for a falling pole. The original company (Net Connection, Inc. who designed and installed the netting system has provided a quote of $50,865 to fully repair the netting system. As the original warranty indicates, the net warranty does not apply to damage, which happened due to winds in excess of fifty-five (55) miles per hour. This is the first net system that has been damaged that Net Connection has installed. The main reason for the damage is not the fact that the net system did endure hurricane-force winds, but due to the net system enduring such winds for a long period of time (about twenty hours). All new installation features will include a two (2) year warranty, while the new netting includes a seven (7) year pro-rated warranty. RECOMMENDED ACTION Move to approve emergency repair of Sebastian Golf Course driving range net and netting system from Net Connection, per their proposal, in the amount of $50,865, and move to appropriate $50,865 from a temporary loan from the General Fund Disaster Emergency Reserve to fund the repairs. T_J~e-'~x,, city is pursuing insurance reimbursement and FEMA assistance for this repair work. Connection, Inc. Sport & Golf Netting Project Proposal SGCFL-091504-02 September 15, 2004 Customer: Sebastian Municipal Golf Course Location: Sebastian, FL PROJECT SCOPE Replace 22 panels of netting, one broken pole, all damaged cable and hardware and straighten 12 poles all as a result of damage caused by Hurricane Frances. Installation includes two-year warranty. Furnish and Install the following: · One, 60' class II, full length pressure treated SYP pole · 65,696 sq. ft. of Redden #930 barrier netting, with rope border, interior riblines and leadline skirt. Netting includes a 7 year pro-rated warranty · 2,400, 9/32" Cadmium steelsnaps · 400 feet of 5/16" Extra High Strength galvanized steel support strand. · All supporting bolts, washers, clamps, and other hardware which all conform to the specifications of one or more of the following: ~NSI, ASTM, IEEE, NE1VI~ · All labor, equipment, and shipping charges included. Straiqhten and rock-in 12 leaninq poles. Exclusions: · Disposal of removed items · Net Connection or it's contractors are not responsible for turf damage as a result of the installation of this netting system. Construction willproceed only with approval from an authorized agent of the customer. · Any expenses for municipal permits, surety bonds, bid bonds, engineering, etc., will result in additional charges. · Out of state customers responsible for sales tax in their respective locations Diqqing Clause: Any and all additional expenses as a result of rock drilling, boring, blasting, or casings will result in additional charges. Scope Cost ........................................................................ $ 50,865.00 25% deposit ($1~.,716.00) required with signed contract. Balance due upon completion ($38,149.00), A 1-¼ % penalty applied for all balances beyond 30 days. 18% per annum. Redden #930 Barrier Net Seven Year Pro Rated Warranty A. Limited Warranty: Redden Marine Supply, Inc. warrants only to original purchaser , that the driving range/golfbamer net(s) described on invoice number and manufactured by Redden Marine Supply, Inc. are free from defects in material and workmanship from this purchase date to (i.e. A period of eighty four (84) months. Warranty Adjustable: 1. Redden Marine Supply, Inc. agrees to repair or furnish a replacement at no charge for, but not to remove or install, the above described driving range/golf barrier net(s) if, within twelve (12) months from purchase date stated above and upon test and examination by Redden Marine Supply, Inc., a defect in material or workmanship is discovered. 2. Buyer/purchaser shall notify Redden Marine Supply, Inc. of any defect within this warranty no later than seven (7) days atter the defect is discovered. No driving range/golf battier net will be accepted for repair or replacement without prior written authorization of Redden Marine Supply, Inc. Upon such authorization and in accordance with instructions from Redden Marine Supply, Inc. the driving range/golf barrier net will be returned to Redden Marine Supply, Inc. shipping charges prepaid by the buyer. Repair or replacement made under this warranty will be shipped collect to the buyer. After twelve (12) months from purchase date and for the remaining months of the designated warranty period stated above (ie. eighty four (84) months) the original purchaser/buyer may obtain a replacement driving range/golf barrier net of similar size upon payment of prorated charge based upon cost per month (.purchase price divided by eighty four (84) months) multiplied by the number of months elapsed from the date of original purchase. C. Exclusions from warranty and llmltatiou of liability: 1. The above warranty is limited solely as set forth herein and applies only for the time periods previously designated. Redden Marine Supply, Inc. shall notbe hable for any loss, damage, special or consequential damage of any kind, whether based upon warranty, contract, negligence, or strict liabil/ty arising in connection with the sale, use, or repair of the driving range/golf barrier net. 3. The maximum liability of Redden Marine Supply, Inc. in cormection with th/s warranty shall not in any case exceed the purchase price for the driving range netting claimed to be defective or unsuitable. This warranty does not extend to or apply to any driving range/barrier net that has been subjected to misuse, neglect, accident, or improper installation. Improper installation is any deviation in installation or selection of materials or procedures specified by Redden Manne Supply, Inc. This warranty does not extend to or apply to any driving range/golf barrier net that has been subjected to and consequently damaged by a wind force.greater than 55 miles per hour within thirty (30) days of the reported defect, as recorded by the nearest National Weather Service Station located at: 6. This warranty does not extend to or apply to any driving range/golf barrier net subjected to and consequently damaged by snow and/or ice loading conditions. This warranty does not extend to or apply to any driving range/golf barrier net that has been repaired or altered at any place but Redden Marine Supply, Inc.'s manufacturing facility, or by persons not expressly approved by Redden Marine Supply, Inc. The seller/salesman may have made oral statements about the driving range/golf barrier nets described in this limited warranty. Such statements do not constitute warranties, shall not be relied upon by the buyer and not part of either the limited warranty or the sales agreement between the parties. The entire lirmted warranty is embodied in this writing. This writing constitutes the final expression of the parties' agreement and is a complete and exclusive statement of the terms of the agreement. ~ 9. There are no warranties which extend beyond the description of the face hereof. I0. In the event payment is not made and this account is referred for collection, we will pay cost of collechon equal to a minimum amount to twenty five percent of the principle amount. Also, we understand interest on any unpaid balance over 30 days old will be charged at the rate of 1%% per month (18% per annum). If suit or act/on by an attorney is instituted, we promise to pay reasonable attorney fees in said suit or action. It is specifically understood that Redden Marine Supply, Inc. corporate headquarters is located in Bellingham, Whatcom County, WA. Consequently, itis understood that in the event ofsuk or action, same shall take place in Bellingham, Whatcom County, WA or King County, WA at the option of Redden Marine Supply, Inc. Customer understands that they are waiving their right to litigate outside of Whatcom County or King County, WA. This warranty gives you specific legal rights, and you may also have other rights which var3, from state to state. certify to have read and full understand this warranty and adjustments, exclusions, and limitations contained therein. Print Name - Buyer Date Representative Print Name - Designated representative of Redden Marine Supply, Inc. Signature - Buyer Signature - Designated Representative Representative of Redden Marine Supply, Inc. Jeanette Williams Sent: To: Cc: Subject: Sally Maio Monday, September 20, 2004 12:13 PM Joe Barczyk; lisanne monier; mike hepfinstall; nathan mccollum; ray coniglio Terrence Moore; Rich Sl~inger; Jeanette Williams 9/22/04 agenda item revision A revised transmittal for 9/22 has been provided for the emergency repair to Golf Course driving range net. The new company is Action Sports Netting, Inc and the amount is $42,000. The revised transmittal is copied and in your mailboxes. We will bdng your mail to the TuesdaY budget hearing. Sally Sally A. Maio, CMC Ci~Clerk Ci~ofSebasfian, Flodda (772) 589-5330 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorize emergency repair to Golf Agenda No. Course driving range net system. Department Origin: Golf Course Golf Course Director ~~~m~ General Services ndminj ?~ : City Manager Finance Director: .~~ ..City Attorney: /_.~ City Clerk: ~ T~~oore Date Submitted: September 20, 2004 For Agenda of.' September 22, 2004 Exhibits: Action Sports Netting, Inc. Proposal, Net Warranty EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $42,000 -0- REQUIRED: A Temporary Loan from the General Fund Disaster Emergency Reserve ($350,000) SUMMARY The driving range net and net structure sustained extreme damage due to Hurricane Frances. This poses a~ obvious safety hazard for the following reasons, (# 1) with 65,696 square feet of netting tom, driving range golf balls could go into numbers one (1) and nine (9) fairway which will endanger golfers playing the aforementioned holes and (#2) with one (1) pole completely torn in half and twelve (12) other poles leaning, there is potential for a falling pole. Action Sports Netting, Inc. has provided a quote of $42,000 to fully repair the netting system. As our original warranty indicates, the net warranty does not apply to damage, which happened due to winds in excess of fffiy-five (55) rdles per hour. The main reason for the damage is not the fact that the net system did endure hurricane- force winds, but due to the net system enduring such winds for a long period of time (about twenty hours). All new installation features will include a two (2) year warranty, while the new netting includes a seven (7) year pro-rated warranty. RECOMMENDED ACTION Move to approve emergency repair of Sebastian Golf Course driving range net and netting system from Action Sports Netting, Inc., per their proposal, in the amount of $42,000, and move to appropriate $42,000 from a temporary loan from the General Fund Disaster Emergency Reserve to fund the repairs. The city is pursuing insurance reimbursement and FEMA assistance for this repair work. FACSIMILE To: Greg Gardner Fax #: 1772 589 6730 Company: Sebastian Golf Course Subject: Golf Protective Barrier Netting ;Sent: 9/17/2004 at 3:52:38 PM MESSAGE: Action Sports Netting, inc. 1511 $ W Mockingbird Circle Port St Lucie, FL 34986-2048 Office 772 336 5900 Fax 772 336 2314 Cell 561 714 9668 E-maih actionsports net(~bellsouth.net COVER PAGE From: Dennis Bryan Fax #: 772 336 2314 Te #: 772 336 5900 IPages: 1 (including cover) Greg, per our telephone conversation today, the following is the cost to replace the golf range netting at the Sebastian Golf Course caused by tturrioane Frances. 1- Replace 22 panels, #930 Redden rope bordered netting with all attachment ropes sewn to netting, with 3' lead-line skirt: 65,690 Sq Ft 2- Attachment Snap Hooks: 2,400 3- Replace 1- 60' class 2 treated wood utility pole 4- 5t16" high strength 7-str cable: 600' 5- Straighten all wood poles that are leanin~i: 12 6- Remove all old netting from poles and stockpile Total Cost for the above: ,~ 42,000.00. The above cost also includes labor, equipment and shipping for a complete installation. The above cost is based on replacing 55,690 Sq Ft of netting. Our unit price per Sq Ft for additions or deletions will be .64 cents per Sq Ft. Please allow 3 to 4 weeks for completion. Best Regards, Dennis Bryan Earth Anchors * 5 to 7 Year Warranties * On-Site 2-Year 100% Warranty Complete (Turn-Key) Installations Nation-Wide * 100% Financing WinFax PRO Cover Page ~all *dx HOME Of PELICAN CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Craft Club of Sebastian Craft Show Dates for 2004 - 2005 at Riverview Park. Cpla~d for S~t/.~i City Manager Agenda No. 0~' Department Origin: ._ff~ ~--~/~ Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: September 13, 2004 For Agenda of: September 22, 2004 Exhibits: Application, List of Dates and Information about Shows EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Craft Club of Sebastian is seeking Council approval for its Craft Show Schedule for 2004 - 2005 at Riverview Park. The Craft Club of Sebastian has had shows at Riverview Park for many years and has worked well with the City. The attached Club Show Rules details information the Craft Club's Shows. This year's show dates are October 2, 2004, November 6, 2004, December 4 & 5, 2004, January 8, 2005, February 5, 2005, March 5, 2005, April 2, 2005 and May 7, 2005. Shows are from 9 AM until 3 PM at Riverview Park. Rain dates for this year's shows are October 3, 2004, November 7, 2004, January 9, 2005, February 6, 2005, March 6, 2005, April 3, 2005 and May 8, 2005. RECOMMENDED ACTION Move to approve Craft Club of Sebastian Craft Shows at Riverview Park from 9 AM until 3 PM on 10/2/04, 11/6/04, 12/4 & 5/04, 01/8/05, 02/5/05, 03/5/05, 04/2/05 and 05/7/05 Move to approve rain dates for Craft Club of Sebastian Craft Shows at Rive~wiew Park from 9 AM until 3 PM on 10/3/04, 11/7/04, 01/9/05, 02/6/05, 03/6/05, 04/3/05 and 05/8/05. Please check the appropriate Box: 1225 Main Street. SebastSan, Fl 32958 Telephone (772)589-5338 - Fax (772)589-5570 · CITY DF ..gEBASTIAN PARK USE PERMIT APPLICATION t Park Event - 50 to 300 Attendees _] $50.00 ApplicafionfPermit Fee OY Sped~Event -301 or MoreAflendees $10~OOAppHcafion Fee Date: (~x.~_~$Y ~_.~ LeON Name of Permittee: 0.~I:~¥'~ 0. L. LtI~.~I= ~--~t~"~ Address: Mailing Address:~,C),~Oy' ~Gq Name of Organization or Group: ~ Re,son ~or Use: ~~ ~ ~m~ Requested Date(s) ~p ~o~e~ Rain Date: ~ ~~ WiZl there be any sale of goods? Yes ~ No If yes. please describe type of goods on back_ ~-~r~ ~ :~m~- Food or other types of vendors? Yes No If yes, please list name, aOdress aha type of vendors and schematic of ~ny structures to be erected or otherwise assembled on back. applidant or the authorizee agent of the applicant. I further acknowledge that i am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a P~rk Event or a Special Event. Z have made myself familiar wi'th the general rules and regulations prescribed by the City and agree to the terms of the permit. Office Use Only: JPermh Fee Paid ' . Date Apt~li cant/A~ent ~ignat~re Initials Park Application Continued - If Required List any vendor information and/or schematics on this page. NAME ~ ADDRESS I TYPE I I Schematic: OFFICE USE ONLY: Special Conditions of Permit as Requested by City ManaBer August 23, 2004 Craft Club of Sebastian P. O. Box 781776 Sebastian, F~orida 32976 City of Sebastian A']-rN: Chris McCarthy, Parks & Recreation 1225 Main Street Sebastian, FL 32958 RE: Show Dates Request Dear Chris, [t's that time of year again to send you this letter of request for use of the Riverside Park for the club's craft shows for the upcoming 2004-2005 season. The following are our requested dates for use of the park: Show Dates - Saturdays Rain Dates - s~Jnday~ October 2, 2004 November 6, 2004 December 4~h & 5~h, 2004 (Saturday & Sunday) 3anuary 8, 2005* February 5, 2005 March 5, 2005 April 2, 2005 May 7, 2005 October 3, 2004 November 7, 2004 No rain date 3anuaP/9, 2005 February 6, 2005 March 6, 2005 April 3, 2005 May 8, 2005 *Note: The January date is the 2nd weekend, not our normal 1~, but the first Saturday is New Year's Day and the club did not want to have a show that day. Please advise me as to any additional information and/or paperwork that is required on my part, and as to when the city will need the check to pay for ~,he use of the park. You may contact me at my home number .. Thank you so much for your attention to this request, and for the City's continued support, Respectfully, President PARK SHOW RULES OFTHE CRAFT CLUB OF SEBASTIAN 1. Shows are held on the FIRST Saturday of each month from October through May. Rain-out dates are the following day (Sunday). The December show is a two-day show, Saturday & Sunday. 2. Show hours are 9:00am to 3:00pm. Club members may begin to set-up prior to 7:30am, and must remain on-site. Outside vendors, once approved, may begin setting up AFTER 7:30am. Early "pack- ups", prior to 3pm, must be approved by an executive board member. 3. Club members, outside vendors, and helpers must be properly dressed at all times. Club members must wear their name tags. 4. Crafter shall supply their own tables and table covers. DO NOT USE BENCHES, SIDEWALKS, OR PICNIC TABLES FOR YOUR DISPLAY. Keep your area neat and clean .. Put boxes under your tables or stacked neatly. Your area MUST be clean when you leave the park. All displays must be clear of the sidewalks and entrances a minimum of THREE (3) feet from the walkways. Space size can be no larger than sixteen (16) feet across the front EXCEPT during the December Christmas show when your frontage is not to exceed twelve (12) feet. 5. Do NOT fill the city trash containers with empty boxes, trash, or papers from your packing. Please take your trash home with you[ 6. All Crafts displayed MUST be made by the crafters ~. And the crafter MUST be in attendence at the show. NO manufactured or "buy/sell" items are allowed to be shown or sold at any show. Any craft in question must be approved by a member of the show committee or a board member. 7. NO CLUB MEMBERS OR OUTSIDE VENDORS SHALL BRING VEHICLES, TRAILERS, ANIMALS, OR ALCOHOLIC BEVERAGES INTO THE PARK ON SHOW DAYS. NO VEHICLES SHALL BE PARKED IN THE PERIMETER OF THE PARK. Immediately AFTER unloading your vehicle, move it to the designated parking area in the field on the north side of the park .. then return to your site to set-up. 8. NO FOOD OR BEVERAGES MAY BE SOLD BY CLUB MEMBERS OR OUTSIDE VENDORS. 9. All club members and outside vendors will obey'the requests of the show committee, parking committee, and/or an executive board member. Failure to do so will result in lost show privileges. 10. Club members and outside vendors who do not comply with these rules will NOT be allowed to exhibit. If you are in violation of any of these rules, you will be asked to leave the show and NO REFUND of show fees will be given. 11. All rules have no exceptions ... unless approved by an executive board member. City of Sebastian, Florida OFFICE OF THE CITY ATTORI~E~t_~ AGENDA TRANSMITTAL Agenda No. 0/~- ~-0~ Subject: Land Use Map Amendment Compilation; Ordinance No. O-04-18 Date Submitted: 9/16/04 For Agenda of: 9/22/04 SUMMARY: The Department of Community Affairs will not process the Land use map amendments to the Comprehensive Plan unless they are adopted on a single date. Through discussions with the Department, they will accept this format, with a Notice per FS Chapter 163 for an adoption heating, but adopting the record established in prior heatings on these applications. RECOMMENDED ACTION: Move to adopt Ordinance 0-04-18. REVIEWED BY CITY CLERK:~~'~?/~ ,~/-d AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGRR: /Z)/6.-.----''''''~' ',._.~-- ORDINANCE NO. O-04-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION FOR ANNEXED LAND; ADOPTING RECORD FROM PRIOR HEARINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS, EFFECT ON OTHER ENACTMENTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City has considered the application of landowners of each of the subject parcels for an amendment designating an initial land use for property to be annexed; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the said public heatings were conducted with due notice in compliance with law, and all parties were provided an opportunity to present record evidence and the heatings were opened to receive citizen input; and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian; and WHEREAS, the City Council, mindful of the review schedule modifications under the Department's Supplemental Order to Executive Order 04-192 relating to Hurricane Frances and dated September 10, 2004, desires to adopt the amendments with a single ordinance for transmission in a format preferred by the Department of Community Affairs; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. ADOPTION OF RECORD. The record as established pursuant to the public adoption heatings held May 26, June 2, and July 14, 2004, for Ordinance No. O-03-16, Ordinance No. O-03-18, Ordinance No. 0-03-20, Ordinance No. 0-03-24, and Ordinance No. O- 03-26 is hereby incorporated and adopted as the record for this ordinance for all legal purposes. Section 2. DESIGNATION. The Comprehensive Plan Furore Land Use Map is hereby amended to include and designate these properties as LDR (Low Density Residential): A. The Cross Creek Parcel. The South ½ of the Northwest ¼ of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, LESS the East 35 feet thereof for right-of-way AND ALSO the Northeast ¼ of the Southwest ¼, excepting the West 5 acres thereof, in Section 30, Township 31 South Range 39 East; containing 115 acres more or less. B. The Spenser Parcel. The Southwest ¼ of the Northwest ¼ of Section 26, Township 31 South Range 38 East, LESS the West 65.3 feet for Road Right of Way; containing 38.27 acres more or less. C. The Ashbury Parcel. The Southwest ¼ of the Southwest ¼, and the South 534.5 feet of the Northwest ¼ of the Southwest ¼, LESS the North 250 feet of the West 200 feet, all in Section 6, Township 31 South, Range 39 East, Indian River County, Florida; containing 56.25 acres more or less. D. The Sebastian Crossings Parcel "B". See attached Schedule 1 E. The River Oaks Preserve Parcel. PARCEL 1: West ½ less the West 40 acres of the Southeast ¼ of Section 25, Township 31 South, Range 38 East, less right-of-way for County Road 510; together with PARCEL 2: The South 100 feet of the North ½ of the Northeast ¼ of Southeast ¼ and South ½ of Northeast ¼ of Southeast ¼ and Southeast ¼ of Southeast ¼; less canal right- of-way: less South 40 feet for road right-of-way, Section 25, Township 31 South, Range 38 East. Said parcel containing 60.74 acres more or less; together with PARCEL 3: East ½ of Northeast ¼ of Southwest ¼, Section 25, Township 31 South, Range 38 East, less canal right-of-way and that portion lying westward thereof; together with PARCEL 4: North ½ of the West 40 acres and the East 10 acres of the South ½ of the West 40 acres of the Southeast ¼ of Section 25, Township 31 South, Range 38 East less right-of-way for County Road 510; containing a total of 152.21 acres more or less. Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include and designate this property as CG (Commercial General): Sebastian Crossings Parcel "A" as per attached Schedule 2 Section 4. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the Department of Community Affairs as Sebastian 04-2 (previously 04-1) Adopted Amendment, and proceed in accordance with the provisions of Fla. Stat. Chapter 163. Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are repealed. More specifically, Ordinance No. O-03-16, Ordinance No. O-03-18, Ordinance No. 0-03-20, Ordinance No. 0-03-24, and Ordinance No. O-03-2, are all hereby rescinded. Section 6. EFFECT ON OTHER ENACTMENTS. Any and all enactments having an effective date dependent upon the effectiveness of the ordinances rescinded in Section 5, above, or otherwise cross-referencing the same, shall instead in the same manner be effective or otherwise dependent upon this ordinance, specifically including but not limited to the following enactments: ORDINANCE NO. 0-04-07 ORDINANCE NO. 0-04-09 ORDINANCE NO. 0-04-03 ORDINANCE NO. O-04-11 ORDINANCE NO. O-04-13 Section 7. SEVERABILITY. ORDINANCE NO. 0-04-08 ORDINANCE NO. O-04-10 ORDINANCE NO. O-03-21 ORDINANCE NO. O-04-12 ORDINANCE NO. O-04-14 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 did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 8. EFFECTIVE DATE. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Fla. Stat., whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, this amendment may nonetheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Mike Heptinstall and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day of September, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A.M~o, CMC CityClerk By: Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney SCHEDULE "1" PARCEL'B" LEGAL DESCRIPTION: [BY SURVEYOR) A parcel of land iying in Section 2.2, Township 31 South, RAnge 38 East, Indian River County, Florida, being more particularly deecdbed as Beginning at the Northeast comer of th e Southeast 1/4 of said Section 22, said poinl being the POINT-OF-BEGINNING o¢ the herein described parcel; thence run North 89"47'24" West along the South line of the South 1/2 of the Northeast 1/4 of said Section ZA, said line also being the North line et'lands descdbed in Deed Book 0015, Page 0305, of the Public records of said Indian River County, a distance of 209.00 Feet; thence South 00"12'10" West along the West line of sa id Deed Book 001.5, Page 0305, a distance of 238.46 Feet; [hence leaving said tine run South 37040'53" West, a distance of 8(].10 Peet tea point onthe North line of said Deed Book 0015, Page 0305; thence North 89°47'50" West along the North line of said Deed Book 0015, Page 0305, a distance o¢ 4.48.66 Feet; thence South 00"1;~'10" West along the West line of said Deed Book 0015, Page 0305, a distance of 317.03 Feet; thence South 82°19'08" West, a distance o¢ 448.89 Feet; thence South B5°57~41'' West, a distance of 588.45 Feet to [he East line of lands described in O.R. Book 0697, Page 0901, of [he said Public records of Indian River County; thence North 00°08'39" East along said East line, a .distance of 1,586.20 Feet a point on the North line of the South 1/2 of the Northeast lj4 of' said Section 22, said line also being the South line of: lands described in O.R. Book 1092, Pages 0616-9620, of the said Public records of Indian River County; [hence South 89"47'50"" East along said North and South line, a distance of 1,891.79 Feet to a point the .East line of [he Northeast 1/4 of said Section 22; thence South 00°25'23'" West along said East line, a distance of 663.9B Feet to the POINT-OF.BEGiNNING. Containing 45.691 Acres of land more or less. SCHEDULE "2" PARCEL 'A' LEGAL DESCRIPTION: (BY SURVEYOR) A parcel of land lying in Section 22, Tot~nship 31 South. Range 38 East. Indian River County, Florida, being more particularly described as follows: Beginning at the Northeast corner of the Southeast 1/4 (~f.said Section gz2; thence South 00°12'10" West along the East line of the Southeast 1/4 of said Section 22, said line also being the East line of lands described in Deed Book 0015, Page 0305, of the Public records of said Indian River County, a distance of 867.71 Feet [o the POINT-OF-BEGINNING of the herein .described parcel; thence continue South 00°12'10" West along [he s~id East line of the Southeast 1/4 of said Section 22, a distance of 101.34 Feet to the Northeast c erner of Romar Subdivision, ac cording to the plat thereof, as recorried in Plat Book 10, Page 31, of the said Public records o1 Indian River County; thence South 80°52'01'' Wes)t along the North line of said Romar Subdivision, a distance of 715.88 Feet to the Northwest comer of said Romar Subriivision; thence South 00°12'10'' West along the West line of said Romar Subdivision and it's Southerly extension, a distance of 221.00 Fee[ to the North Right-of-Way line of County Road 512 (as described in F.D.O.T. Maintenance Map 88040-2615); thence run along said North Right-of-Way line for[he following seven calls: North 89°38'96" West, a distance of 161.45 Feet; thence North 8@°55'37" West, a distance of 200.09 Feet; thence North 89°42'12'' West, a distance of 199.9~. Feet; [hence North 88°33' 28" West, a distance ~f 100.02 Feet; [hence North 81 °~,-4'02" West, a distance of 100.98 Feet; [hence North 82°51'38'' West, a distance of 100.72 Feet; [hence North 89°42'12'' West, a dis[eric? of 119.41 Feet to the Southeast corner of lands described in O.R. Book 0697, Page 0901, of the said Public records of Indian River County; thence North 00°08'39" Bast along the East line of said O.R. Book 0697, Page 0901, a distance of 355.08 Feet; [hence leaving said East line run North 65°57'41'' East, a distance of 588.45 Feet; thence North 82°19'08'' East, a distance of 448.89 Feet to the West line of said Deed Book 0015, Page 0305; thence South 00°12'10'' West along said West line, a distance of 364.81 Feet; thence North 80°S2'01'' East along the South line of said Deed Book 0015, Page 0305, a distance of 715.88 Feet to [he POINT-OF-BEGINNING. Containing 14.403 Acres of land more or less.