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HomeMy WebLinkAbout02232005HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA fivelndividuatSmlhutesWilt~eraddresSspeakerthe Ci{y Council w~h respect to agenda items Immediately before defiberetion of the item by the City Council - limit of 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER MONIER 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26) 05.003 05.058 PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONR A. Certificate of Appreciation to Employee of the 4th Quarter B. Collier Creek Waterway Improvement Program Presentation by Representatives from Camp, Dresser & McKee 1-11 13-18 CONSENT AGENDA All items on the consent agenda am considered mu§ne and will be enacted by one motion. Them will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/9/05 Regular Meeting B. Approval of Minutes - 2/10/05 Workshop 05.059 't9-26 05.060 27-42 05.004 43-46 05.061 47 05.056 4~60 05.062 61~3 05.063 6~67 05.064 Resolution No. R-05-08 Authorizing the Acting City Manager to Execute a Florida Department of Transportation Supplemental Grant Agreement in the Amount of $36,066 for Taxiway "A" and Construction of Aircraft Parking Apron (Airport Transmittal 2/15/05, R-05-08, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDO'r) TO PROVIDE FUNDING TO REHAB TAXIWAY A AND APRON AND CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-05-09 City of Sebastian Public Broadcast Policy (City Clerk Transmittal 2/16/05, R-05-09, R-03-55) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY', PROVIDING FOR FUTURE AMENDMENTS IN ACCORDANCE WITH UPDATED TECHNOLOGY AND PROGRAMMING ABILITY AND APPROVED BY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize the Acting City Manager to Execute "Release of All Claims and Indemnity" Form from Florida Power & Light Company in Exchange for a $141,338.12 Cash Settlement for Hurricane Staging Damage at Sebastian Municipal Airport (Airport 2/15/05, Release) Waive Bidding Process and Approve Special Services Agreement with Craig Jerome at $40.0 Per Hour, Not to Exceed $1,000.00, for Audio/ Visual System Maintenance (City Clerk Transmittal 2/16/05) Authorize One Year Contract Extension by Execution of Engagement Letter by Acting City Manager for Fiscal Year 2004/2005 Audit by Hoyman, Dobson & Company, PA (Finance Transmittal 2/11/05, Letter) Approve Alcoholic Beverages and Door Charge at the Community Center for the Welcome Wagon Club of Sebastian Annual Variety Show Fundraiser on March 12th, 2005 from 6:00 pm to 10:00 pm (Public Works Transmittal (2/14/05, Application, Receipts) Approve Alcoholic Beverages at Community Center for Durkee Wedding Reception on March 5, 2005, 6:00 pm to 10:00 pm (Public Works Transmittal 2/14/05, Application, Receipts) Waive Competitive Bidding Process and Approve the Replacement of the Community Center's Roof with Seam Metal Roof from Sun Sky Roofing from Vero Beach in the Amount of $35,053.00 and Approve the Replacement of the Yacht Club's Roof with 5V Metal Roof from Feazel Roofing from Fort Pierce in the Amount of $10,660.00 (Parks and Recreation Transmittal 2/16/05, Tab Sheet) 05.065 7~-~ ,05.066 73 05.067 75-76 05.018 77-83 05.068 85-99 11. Authorize Change Order No. 1 to Capp Custom Builders, Inc. for Additional Hurricane Repair Work at Golf Course in the Amount of $20,541.67 (Golf Course Transmittal 2/16/05, Change Order) Authorize the Appropriation of $35,000 from the Capital Projects Savings to Construct a Generator Room and Install Generator at City Garage (Public Works Transmittal 2/14/05) Authorize the Appropriation of $544.17 from Capital Surveillance Equipment for Total Expenditure of $8,044.17 for Purchase of Three Radios & Associated Equipment for Police Department from Communications International (PD Transmittal 2/4/05, Quote) COMMITTEE REPORTS/RECOMMENDATIONS A. Community Redevelopment Advisory Committee Alcohol Sales in Proximity to Churches/Schools; CRAC Recommendation & Chamber Comment (Letter, Minutes Excerpt, Draft Ordinance) PUBLIC HEARING Procedures for public headngs (R-04-26) · Mayor opens headng · Attorney reads ordinance or resolution o Staff presentation o Public input- Limit of ten minutes per speaker · Staff summation · Mayor closes hearing · Council action Anyone wishing to speak is asked to sign up betom the meeling, when called go to the podium and state his or her name A. Resolution No. R-05-07 Sale/Abandonment of Two City Right of Way Parcels to Robert Collins Development Project (GMD Transmittal 2/16/05, R-05-07, Map, Application, Public Notice, Attorney Opinion) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PORTION OF PLA'I-FED RIGHTS-OF-WAY FOR 10TM STREET (MADISON STREET) AND 11TM STREET (JACKSON STREET); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 10. 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 each speaker OLD BUSINESS NEW BUSINESS CITY ATTORNEY MATTERS 3 14. 05.069 101-104 15. CITY MANAGER MATTERS A. Authorize Department of Agriculture to Place Shellfish Aquaculture and Aquatic Preserves Environmental Education Kiosk (Project description) CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Coniglio B. Ms. Monier C. Mr. Barczyk D. Mayor McCollum 17. ADJOURN (A~~meetingssh~~~ac~j~umat1~:3~pmun~essextendedf~rupto~neha~h~urbyam~j~n~iyv~te~fCity Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED A T THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA ¥ NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THiS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589,6330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: March 9, 2005- 7:00 p.m. - Regular Council March 14, 2005- Special Election Meeting March 23, 2005 - 7:00 p.m. - Regular Council Apd113, 2005- 7:00 p.m. - Regular Council Apd127, 2005- 7:00 p.m. - Regular Council M~y 1 I, 2005 - 7:00 p.m. - Regular Council May 25, 2005 - 7:00 p.m. - Regular Council June 8, 2005- 7:00 p.m. - Regular Council June 22, 2005- 7:00 p.m. - Regular Council July 13, 2005- 7:00 p.m. - Regular Council July 27, 2005 - 7:00 p.m. - Regular Council August 10, 2005 - 7:00 p.m. - Regular Council August 24, 2005 - 7:00 p.m. - Regular Council September 14, 2005 - 7:00 p.m. - Reguter Cou~l September 20, 2005 - 7:00 p.m. - Regular Council October 12, 2005- 7:00 p.m. -Regular Council October26, 2005- 7:00p. m. - Regular Council 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 9, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Mayor McCollum. A moment of silence was held. ROLL CALL City Council Present: Mayor Nathan McColium Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Staff Present: Intedm City Manager, Jim Davis City Attomey, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Technician, Barbara Brooke Building Director, Wayne Eseltine City Engineer, David Fisher Growth Management Director, Tracy Hass Public Works Director, Ten'y Hill Lieutenant, Bob Lockhart Regular City Council Meeting February 9, 2005 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a unanimous vote of City Council members (R-04-26) The Mayor requested item 6C regarding Ashbury Subdivision be moved to "Old Business" 11B. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, the item was moved as requested on a voice vote of 4-0. 6. PROCLAMATIONS~ ANNOUNCEMENTS, PRESENTATIONS 05.050 A. North County Relay for Life Purple Wednesdays Proclamation Nancy Madsen, American Cancer Society accepted the proclamation read by Mayor McCollum for the event scheduled for April 30-May 1, 2005 at Sebastian River High School, and introduced Jamie Lunsford, North County Committee member and team captain, and students from Sebastian River High School who have taken on Relay for Life as a marketing program. Students were Luke Ihen, Jennifer Rodriguez, and Brttney Brackett. 05.051B, Presentation by Lisa Waters, MEA Group. F nd n,qs Re.qardin,q Treasure Coast Re.qional Airport Noise and Flight Training Working Group Study Lisa Waters, President, MEA Group gave a PowerPoint presentation and detailed the twenty-nine member working group's findings (see presentation printout attached to these minutes;) and responded to questions from Council. The item was placed on the next agenda for staff input. 05,032 C. (Moved to Old Business) 2 Regular City Council Meeting February 9, 2005 Page Three = 1-12 05.052 B. 13-15 05.006 17-20 05.053 21-22 05.054 23-24 05.055 25 CONSENT AGENDA A. Approval of Minutes - 1/26/05 Regular Meeting Approval of 2005 Pelican Island Wildlife Festival at Riverview Park on Saturday, March 12, 2005 from 6:00 a.m. to 5:00 p.m. Approve Closing Indian River Ddve from Harrison Street North to Northern City Limits from 6:00 a.m. until 8:00 a.m. on March 12, 2005 for 5K Run Approve Closing Indian River Ddve from Sebastian Blvd. South to Harrison Street from 6:00 a.m. until 5:00 p.m. on March 12, 2005 (Public Works Transmittal 2/1105) Authorize the Mayor to Execute a Contract Modification with the Department of Community Affairs for the Louisiana Avenue Neighborhood Revitalization Project (City Manager 2/3/05, Transmittal, Forms, Plan) Approve the Expenditure and Appropriate the Necessary Funds to Complete the Sign Installations Damaged by the Hurricanes in the Amount of $94,820 (Engineering Transmittal 2/1/05, Spreadsheet) Approve the Expenditure of $16,102.50 for the Purchase of Six Radios from Communications International, Inc. for the Police Department (PD Transmittal 1/26/05, Quote) Authorize the City Attorney to Retain an Appraiser for the Kozlowski Property at the South End of Laconia Street for a Maximum Cost of $10,000 (City Attomey Transmittal 2~3/05) Item D was removed by Mr. Conigiio for discussion, and item B was removed by Ms. Monier at the request of the applicant. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, items A, C, E, and F were approved on a roll call of 4-0. Item B - Pelican Island Wildlife Festival David Cox, President, Pelican Island Preservation Society, requested the closing of the Yacht Club boat ramp and additional road closing due to the fact that a tour boat is available for the festival, and that proceeds are donated to the Pelican Island Preservation Society. He had provided an amended request dated 2/9/05 (see attached) Regular City Council Meeting February 9, 2005 Page Four Damien Gilliams, 713 Layport Drive, objected to closing Indian River Drive and the boat ramp. He suggested placing officers and posting 15 mph speed limit signs instead. Michael Hughes, parking coordinator for the festival for several years, urged support for the requested closures. David Cox said he did not know the City process and apologized for not including Mr. Gilliams in the process and would do so in the future. He said it is planned that kayaks would be provided for use at the festival by Kayaks, Etc. Mr. Coniglio suggested treating this as was done for the 4TM of July and leave it in the hands of the police to decide whether or not to close the road based on attendance. Chief Davis said the decision was left to the officer in charge at the 4~ of July, however he felt that there might be a larger crowd, and people will be crossing Indian River Ddve to the kayaks and boat ramp. He said if Council wanted to leave that decision to police he would direct them accordingly. Mr. Cox clarified that the approval for closure would be given but left to the discretion of the police to open if they deemed it appropriate. Chief Davis noted signs were posted last year on the weekend before to notify the public about the closings. The City Attorney advised that it is legal for the City to close the boat ramp. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, item B was approved with additions as requested in Mr. Cox's memo dated 2/9/05 and Council discussions regarding leaving closings to the discretion of the police department on a roll call vote of 4-0. Item D - Si,qna,qe Mr. Coniglio asked if there was a time certain for FEMA reimbursement of this expenditure. The City Attorney stated that it had been reported pdor to the due date so it would be eligible for reimbursement. The Mayor confirmed this reimbursement process. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, item D was approved on a roll call vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS - none. 9. PUBLIC HEARING - none 4 Regular City Council Meeting February 9, 2005 Page Five INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othelwise on the agenda - sign-up required - limit of five minutes each speaker Dorothy Young discussed the last meeting at which the alcohol prohibition was discussed; asked what happened to the 1991 Riverfront Study; expressed concern about a proposed nine-story building; and asked what happened to the Yacht Club. Tape f, Side II, 8:02 pm It was noted that there are no nine-story buildings allowed in Sebastian, and suggested that she make a recommendation on use of the Yacht Club. Mrs. Young said the Council needs seven members due to the City's growth. Damien Gilliams apologized to Mr. Coniglio about his outburst at the last meeting. Robert Ruszala, Whispering Palms, said he is disappointed with what he sees happening in Sebastian. Bill Morehouse, discussed his objections to the permit process for hurricane repairs which requires engineering drawings. The Building Director said the statute requires engineering drawings for all structures that are subject to the 140 mph wind load. He said the law referenced by the gentleman is a Department of Motor Vehicle rule for mobile homes. Andrea Coy, Sebastian, said there are many people in mobile home parks who are snowbirds who cannot repair their homes. She cited several people who are waiting weeks for permits and variances. Mayor McCollum explained state law requirements for mobile homes. Michael Hughes, discussed Operation Blue Streak, and an April 30 County-wide cleanup in cooperation with KIRB. Mr. Gilliams said he sent a letter requesting an audit of the City complex and was hoping for a response. Mayor McCoilum called recess at 8:17 p.m. and reconvened the meeting at 8:33 p.m. All members were present. '11. OLD BUSINESS 05.041 A. 27-30 Reconsideration of Non-Profit Leases for Old Schoolhouse; Insurance Requirements (City Attorney Transmittal 2/3~05, Letters) The City Attorney explained KIRB's request for either a waiver of the casualty insurance provision in its lease or to have the City pass its policy premium for the building onto Regular City Council Meeting February 9, 2005 Page Six KIRB to maintain the City's lower rate. He said he brought back all three leases to be even handed with all lessees. Cheryl Cummins, program negotiator for the lease for KIRB, said KIRB has a very tight budget and does not have funds to pay casualty insurance. The City Attorney said it was the Finance Director's plan not to insure the satellite building once it was leased out but would continue insurance on the old school building. Mr. Coniglio said all non-profits should be treated equally, and that these are our buildings and we might need them someday. Mr. Barczyk suggested that the City maintain the insurance and pass the premium on to the lessees. The City Attorney cited options A and B as set out in the agenda packet; and C which is to stay as it is. Mr. Coniglio said he would be abstaining from the vote. On MOTION by Ms. Monier, and SECOND by Barczyk, it was approved that the city maintain its insurance and if there is any increase in the premium it be passed on to the lessee on a roll call vote of 3-0 (Mr. Coniglio abstained - see form attached) 05.032 G.B. Clarification Re.qardin,q Ashbury Subdivision Development, Site Plannin,q and Permitting Requirements via Presentations by Staff from the Buildin.q and Growth Management Departments, as well as by Representatives from the Coy Clark Development Company The Growth Management Director began staff presentation on Ashbury Subdivision alleged allegations. He cited the City Attorney's paper entitled "Ashbury Subdivision Alleged Violations" submitted at this meeting. (see attached to these minutes). He presented an aerial depicting the site on January 24, 2005 showing the clearing for the silt barrier which is 25 feet in from the property tine, said all clearing was done in accordance with the tree clearing plan, that each individual site would be required to provide a tree clearing survey, that gopher tortoises were not required to be relocated, the tree survey would be addressed on a lot by lot basis, that the tub gdnder that was being utilized on the site had been removed and a machine that satisfies the code brought in. He responded to code violations that are not correctable, noting that they did exceed ten feet for the perimeter road because of the equipment that was used, however the Developer did a very good job of saving trees, the silt fence installed prior to cleadng could have been addressed differently, removal of vegetation area from the buffer area cannot be determined by staff, access from roads not designated in construction areas had been corrected and all subs have been notified to use only Powedine Road. Regular City Council Meeting February 9, 2005 Page Seven The City Attorney said access from roads not designated could be included under 'code violations corrected after notice' on his submitted memo. The Building Director said his department would do tree surveys on a lot by lot basis and approved land clearing for the subdivision and when notified, his department did address the concerns. He presented a video exhibiting what his Chief Building Inspector witnessed on December 27th' 2004 and again on February 4~' 2005. He noted that in some areas the machine had to turn around or place debds where the palmetto was crushed and exceeded 10 feet but many trees were saved. He also pointed out places for lakes that were cleared. Tape fl, Side/, 9:11 pm He noted that the permit for land clearing was issued to the developer in accordance with code, and when it was discovered that another contractor was doing the clearing they were notified and did come in and comply immediately. He said the subcontractor was state licensed and insured and was brought into compliance with city registration provisions. He said he advised that the tub grinder issue be addressed and was stopped until staff could meet and the proper equipment was brought in after review. He said a weekly meeting process has been implemented so this does not happen again and for future land clearing permits there will be a form with specific city regulations spelled out. Robert Robb, Land Development Director for Clark Development, addressed tree clearing concerns, noting the developer is sensitive to tree preservation and citing methods used to preserve trees; described how the perimeter road was cut to try to preserve trees, exhibited the property line and silt fence on an overhead display which showed previous clearing done on Clark property by Mrs. Coy. He cited inspections of silt fences every seven days and the developer's efforts not to damage her belongings that are actually on Mr. Clark's property. He further added that the tree survey is yet to come because all of the tree preservation is to be on individual lots, the tub grinder was an oversight based on his knowledge of all other areas of Indian River County which allow them, and that US Fish and Wildlife went out and checked for gopher tortoises themselves which led to the incidental take permit due to the incidence of upper respiratory disease instead of relocation. Sal Neglia expressed concern that contractors came to Sebastian to get permits to help people rebuild after the hurricanes and could not get the permits. The City Attorney said a lot of contractors came here were from out of state and not state certified. Mary Ann Krueger, read a letter from Jean Case into the record regarding gopher tortoises and the developers' improper access into Ashbury from Orange Heights, and then read portions of a letter of response from the Building Director. She said she resents City staff defending wrongdoers. Ann Putman, said she contacted Taliahassee regarding gopher tortoises and was told the process of take permits, and she objected to driving them into extinction without testing the tortoises for the virus. ~ 7 Regular City Council Meeting February 9, 2005 Page Eight Andrea Coy said Mr. Clark's contractor could have chosen to relocate the tortoises on the property, said the videos did more to argue her case than the developers, showed a cleared area in the buffer which she alleges previously had four live pine trees, and said Officer Grimmich was present when this occurred. She said the same code enforcement applied to local residents should apply to developers. Date Dettmer, attorney for the developer, said Ashbury has all of the required permits. Mrs. Coy is before this Council asking for enforcement of the law and asking the City to investigate using time and money. He further stated that Mrs. Coy has trespassed by clearing the developer's property for gardens and placing her FEMA trailer on Mr. Clark's property which she has been asked to remove. Mr. Dettmer asked the Council to decline further investigation to satisfy the grievances of one person and allow Ashbury to proceed. Carolyn Corum said perhaps this happened to Mrs. Coy so she could ten for City Council. Bill Morehouse said Andrea Coy's garden was there long before the developer purchased the land. Mayor McCollum took exception to the comments made by the developer's attomey insinuating the concerns of one person over many is not something that Council should be concerned was wrong. He advised the attorney to look back on his schooling regarding the rights of the minodty vs. the rights of the majority. The Mayor stated the attorney was out of line and he would cite him for contempt if he was a judge. The Mayor said this Council approved the annexation with certain stipulations such as a tree survey and asked why the tree survey was not done. The Growth Management Director said the tree preservation plan and pollution plan clearly indicated the areas to be cleared as well as the preliminary development plan indicating streets, drainage and perimeter and the understanding that tree protection would be also be addressed on individual lots. Mayor McCollum expressed concem about the code violations that are not correctable, such as installation of the silt fence, the plus or minus ten foot definition, and said he bases his vote on what is presented during quasi-judicial hearings. He asked where the gopher tortoises are. Mr. Robb said gopher tortoises in areas not cleared are still there, and stated that one third tortoises can unbury themselves. He further stated aerial photo showing tree clearing is adequate for large sites and trees were only removed for read right-of-ways, lakes and stormwater pipe connections. Regular City Council Meeting February 9, 2005 Page Nine The Growth Management Director said this same process using aerial photo and pollution plan was used on the River Oaks Preserve, Sebastian River Landings, Sebastian Crossings. He further stated this site had trees but the others were citrus groves, The Mayor asked Mrs. Coy why she did not show propedy cleared area. She stated that she only had access to the Orange Heights side of the development. He further asked the Building Director why he did not show clearing past ten feet. He replied that he did show clearing past ten feet where grubbing occurred and explained the amount of land that would come up with an uprooted tree. Tape II, Side II, 10:11 pm In response to the Mayor, the City Attorney said options are staff can send to Code Enfomement for investigation; or as civil infractions the City can take the violations to county court, which judges do not appreciate. Mr. Barczyk said his first concern was the tub grinder, and said it looks like there is fault on everybody's part here, said perhaps codes should be tightened so there are no more reoccurrences. Mr. Coniglio thanked staff and the City Attorney for answering the alleged allegations, he said he understood what plus or minus means, that it appeared that they were trying to preserve trees, said his understanding was that the tree survey was to be done on individual lots, and that no one should be trespassing on anyone eise's property. Ms. Monier said it is time for this to end and that too much time has been spent on the issue which she believes is political, and expressed hope that the City has learned from this. Mayor McCollum said he would like to send this to Code Enforcement and see what they have to say about the remaining three code violations that are not correctable. The City Attorney said City Council can advise the City Manager that it would like to see this go to Code Enforcement but cannot direct him to do so. On MOTION by Mr. Coniglio, and SECOND by Mr. Barcyzk the meeting was extended to 11 pm on a voice vote of 4-0. Mr. Coniglio said he would like the Code Enforcement officers to inspect it and see if it needs to go to the Code Enforcement Board. Ms. Monier said as far as she was concerned all of this has been resolved and did not see the need for it to go to Code Enforcement. Chief Davis said only violations not correctable should go to the Board. The City Attorney said typically allegations go to the officers who ask for correction of the ~-~ problem with continuing offenses going to the Board. Regular City Council Meeting February 9, 2005 Page Ten Mayor McCollum said he was seeing a two/two vote on this issue and therefore advised the Chief not to take action. 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS Reported on the Planning and Zoning meeting regarding the triangle which is to be continued. Stated he will be coming forth with a yard sale sign ordinance. Reported the gentleman from last meeting did pay his impact fee and it was refunded, 14. CITY MANAGER MATTERS Chief Davis asked if the Ashbury concerns were done because staff has gotten beat up pretty bad over this issue. The Mayor stated no action is to be taken but projects will be monitored, '15. CITY CLERK MATI'ERS None. 16. CITY COUNCIL MATTERS A. Mr. Coni,qlio Distributed Joseph Pallidin's Growth Awareness Committee's report containing good ideas from tocal developer's for Council review. B. Ms. Monier Ms. Monier requested consensus of Council to give direction to the Finance Director to provide information regarding tax revenues received from commercial development. Reported on the successful Art and Music festival. Mr. Coniglio reported on the concert in the park tomorrow night in Riverview Park. C. Mr. Barczyk Reported on dog attendance at the Art and Music festival. Asked the temporary sign in front of City Hall be moved to allow visibility. Requested an 80% audit instead of the standard 20% at a cost of approximately $2,000. Mayor McCollum said it was probably a good idea and this is a perfect opportunity before the new City manager comes onboard. ]0 Regular City Council Meeting February 9, 2005 Page Eleven On MOTION by Mr. Barczyk, and SECOND by Mayor McCollum, the item was added to the agenda on a voice vote of 4-0. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, an 80% audit was approved not to exceed an additional amount of $5,000 on a roll call vote of 4-0. D. Mayor McCollum Workshop at 6:30 pm tomorrow night Stated there will be a televised Sebastian Property Owners candidates forum on February 16~. Stated that since it is taking a long time to get permits that ideas be bought to the next meeting to expedite the process. 17. Being no further business, the Regular Meeting adjourned at 10:55 p.m. Approved at the Regular City Council Meeting. Nathan B. McCollum, Mayor A3-]'EST: Sally A. Maio, MMC, City Clerk HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES WORKSHOP THURSDAY, FEBRUARY 10, 2005 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum called the Workshop to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Excused Absence: Councilmember Ray Coniglio Staff Present: Interim City Manager, Jim Davis City Attorney, Rich Stdnger City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Trace Hass Sergeant Mike Byers Officer Rich Revis City Council Wod~shop February 10, 2004 Page Two = WORKSHOP ITEM A. Possible Amendment To Section 10-1 Of The Code Of Ordinances Which Restricts The Sale Of Alcoholic Bevera.qes Within 450 Feet Of Churches And Schools The City Attorney advised that the Flodda Attorney General has opined that cities and counties cannot regulate the distance location for sales of beer for off-premises consumption, however, he advised that on further reseamh of the law the opinion references, he now disagrees with the AGO, stating that this is not a zoning law and advised that the AGO be ignored at this time. He further advised that legal interpretation of distance would be from main entrance from a chumh to main entrance of the establishment in a straight line, and in the case of schools it is from the property line of the school. He said looking at an aedal photo, it is shown that the majority of Mr. Bruno's property is further than 450 feet; and state statues have deleted chumh distance requirements; provide for 500 feet for schools and provide for restaurants dedving 51% of their sales from food. He said Fellsmere and Vero Beach have taken out the reference to chumhes; Indian River County still has schools in its law for unincorporated area. In response to Mayor McCollum, the City Attorney stated local law could be more stringent than state law as far as location and hours of operation. Larry Hardman, Columbus Street, said if special dispensation is given now others will follow suit and ask for exceptions. Mayor McCollum asked the public not get personal and to respect the many different faiths represented in this town. The City Affomey said state law would not issue an alcohol sales license within 500 feet of a school. Joel Tyson, City Councilmember from Fellsmere, said Fellsmere decided to amend it's antiquated ordinance to comply with Florida law. He said there were a lot of protests, but went ahead and amended the ordinance and there has not been one incident of public drunkenness. Russ Owen asked if the business would have only beer and wine or a full bar. Bob Bruno said it would be only beer and wine. City Council Won~shop February 10, 2004 Page Three Tape I, Side II, 7:30 pm Mayor McCollum said the steakhouse issue was moot because it appears to be a proper distance away. The City Attorney cautioned what the City does not want to allow is a place with a couple of tables and call it a restaurant when it is actually a bar. Mr. Owen said he could not see a problem with people sitting down for a nice meal and a beer or glass of wine. Judy Ddscoll commented that it sounds like a nice restaurant. Joe Graham suggested relocating the chumhes. Pastor Edwin Creel stated beer and wine is alcohol and requested to leave the law as it is. Janet Murray asked to respect the history of the churches and why build a fine restaurant next to freight line. Ron Thomas, Pastor, Sebastian United Methodist Church, said this is not a City vs. church issue, submitted a petition with over 850 signatures asking that there be no change in the code, and said all they are asking is that for is that for any established traditional churches, the 450 feet distance be respected. He said he would hate for the City to use the state law as an example for what it chooses. He said the traditional churches serve the same groups and the same purposes as schools do. He said 450 feet is a symbol for Sebastian and asked that it remain so. Carol Cooper asked if the restaurant fails would the liquor license go with the property. The City Attorney said the license goes with the licensee and the license could be sold separately if the buyer was qualified under state law. The City Attorney advised that the state law will not issue a permit to someone for sale of alcohol within 500 feet of a school, unless the City passes a specific ordinance to allow it; and that state exempts restaurants from this law. Trish Crt, owner of a hair studio located in the old Parks house, said Mr. Bruno does respect the history of the City, said the train does not bother 3 Ci~Coun~lWorkshop Februa~ 10,2004 Page Four Tape II, Side I, 8:32 pm her, that business in the villages needs to be promoted, and everyone needs to work together. Robert Bruno, thanked the community and the people who have told him that this ordinance needs to be modified, asked for Council's support to bring upscale businesses into the community. He expressed his frustration in having to fight for something positive for this community. He said there is potential for two restaurants and one is the Uptown Grill which would be located over 200 feet away from the church, and one restaurant and 20 upscale shops are intended for this site. Ron Shelly, asked how one church could be so passionate about this and another church is going to serve alcohol at its food festival, and what inspired the 450 feet. Warren Dill asked Council to make their decision based on facts and not emotions. He pointed out the community benefits of the CRA revenue and stated only a few restaurants could make an impact on the whole CRA. He cited a federal law that allows any gathering of individuals to be declared a church. He asked that the minimum Council action include established, traditional churches. Larry Hartman asked to put this on the ballot and the Mayor let him know there isn't enough time. Vausta Kinney expressed concerns for setting precedence. Damian Gilliams stated good businessmen don't invest near churches and urged Council to vote no. Janet Seeley, said she was more concerned about what children are seeing on television than what will happen because a restaurant opens which serves beer and wine. Edward Alexi, said there should be no exemption to the 450-foot law. Robert Bruno reminded everyone that the law can be changed and will be changed in the future, if not now. Recess 8:35 p.m. to 8:45 p.m. All members returned. 4 City Council Workshop February 10, 2004 Page Five Ms. Monier said it was never her intention to harm the chumhes, underetands the significance of churches, but stated there needs to be a balance. She said there is a way to compromise and agrees that bars would not be appropriate next to chumhes. She said she would like to go over all comments, look at the state law, said there are bars within 450 feet, including Mr. Gilliams' bar. She suggested the Community Redevelopment Committee look at this especially since a recent event was very successful in the district. Mayor McCollum said all businesses have a dght to operate in this town including Ms. Monier's art gallery and gift shop. The City Attorney said the definition of churches could be amended to provide that they be free standing buildings on a specifically sized site. Mayor McCollum asked if the tiki bar was grandfathered in and the City Attorney did not recall. The Mayor also asked about the charter school's proximity to the restaurant and the City Attorney stated they were not within 450 feet of each other. Mr. Barczyk noted the state does not recognize churches in its prohibition of 500 feet, confirmed the restaurant will be where the Frosty Pelican was, asked if prohibited hours could be established to accommodate the church. The City Attorney said there is a long line of distinction between bar and restaurant licenses, and state law allows restaurants next to schools as long as 51% of revenues come frem food, recommended elevating it with some seating capacity rules, that limiting to beer and wine, hours of operation can be written into the ordinance. Mr. Gilliams said if specific cdteria is met, a liquor license could be obtained. Mayor McCollum agreed that the issue be sent to the Community Redevelopment Committee and the Chamber of Commeme for comment. The City Attorney advised Council about his previous decision on Ms. Monier abstaining from the vote on the ordinance during its first reading. Ed Seeley, Sebastian, congratulated Mr. Gilliams on his compassion in attempting to bring these greups together, and Mr. Bruno for all the work he has done for the U.S. 1 thoroughfare. City Council Workshop February 10, 2004 Page Six Being no further business, Mayor McCollum adjourned the Workshop at 9:22 p.m. Approved at the City Council Meeting. Nathan B. McCollum, Mayor A'I-I'EST: Sally A. Maio, MMC, City Clerk MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Resolution R-05-08, Florida Department of Transportation (FDOT) Supplemental Grant Agreement for Taxiway "A" and Construct Aircraft Parking Apron Appr~ed for Submi~tak.by: ~9~es g. Da-vas, ~ting City Manager Agenda No. (~ 5. ~ ~ (~ Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: 2/15/2005 For Agenda of: 2/23/2005 Exhibits: (2) -Resolution R-05-08, FDOT Supplemental Grant Agreement EXPENDITURE AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: $ n/a $ n/a REQUIRED: $ n/a SUMMARY In October of 2004, City Council approved a contract with Dickerson Florida, Inc., to Rehabilitate Taxiway "A" and construct an Aircraft Parking Apron at the new Adraimstration Building site. You may recall that project cost increased beyond the original estimate by nearly $450,000, based on bids received. This project was to be funding in part by the Federal Aviation Administration (FAA) at 95%, Florida Department of Transportation at 2.5%, and the Airport Enterprise Fund at 2.5%. Because of the increase in cost based on actual bids received and the necessity of the project, the FAA increased their contribution to cover the bid price and maintain their 95% funding. However, City of Sebastian previously accepted an FDOT grant agreement for $25,000, representing what was then considered to be their 2.5% contribution. It was mentioned in the agenda item for the contract award that "FDOT will [also] be awarding additional funding to maintain their 2.5% match.., this will be brought before you in an upcoming, regularly scheduled meeting for your consideration." As you will see by the attached grant supplement, FDOT has now increased their contribution. For clarification, please see the following project funding breakdown: FAA Contribution = $1,370,522 FDOT Contribution = $ 36,066 Airport Enterprise Fund Contribution = $ 36,066 + TOTAL PROJECT ESTIMATE = $ L442~654 Please also note that Council approved the budget for this project in August of 2004, when the FAA grant agreement was accepted and executed and that this recommendation is only to accept the additional funding from FDOT. Airport staff will be available during your February 23, 2005 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve Resolution R-05-08 authorizing staffto execute Supplemental Joint Participation Agreement from the Florida Department of Transportation entitled "Rehab Taxiwa¥ A & Apron and Construct Administration Buildin~ Apron" for $36,066. RESOLUTION NO. R-05-08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FUNDING TO REHAB TAXIWAY A & APRON AND CONSTRUCT ADMINISTRATION BUILDING APRON; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding to rehabilitate Taxiway 'A' and construct an aircraft parking apron; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached FDOT Supplemental Joint Participation Agreement, Financial Project No. 415216-1-94-01 entitled "Rehab Taxiway A & Apron and Construct Administration Building Apron" on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councitmember · The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nate McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this ,2005. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Nate McCollum Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-030-O7 PUBLIC TRANSP ADMIN OGC -07102 Page 1 of 4 PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT FM No: 4152184-94-01 Job No: Contract No: ANM87 Fund: DS Function: 637 FLAIRApprop: 088719 Federal No: FLAIR Obj.: 750004 Catalog of Federal Domestic Assistance Org. Code: 55042010428 Number: Vendor No.: THIS AGREEMENT, made and entered into this ' day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 30 of June entered into a Joint Participation Agreement; and 2004 WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment"A" for a total Department Share of $36,066 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended N/A 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased/rice;cc=cd by $ cost of the project to $ 1,442,654 Paragraph 4.00 of said Agreement is incraased~dcc;'c=c'cd by $ revised share in the project to $ 36,066 3.00 Amended Exhibits: Exhibit(s) B 4.00 Contract Time: Paragraph 18.00 of said Agreement is amended N/A 442,654 1,066 bringing the revised total bringing the Department's of said Agreement is (are) amended by Attachment "A". FM No. 415216-1~94-01 Contract No. ANM87 Supp. Agreement Date FORM 725-030-O7 PtJBLIC ~RANSP ADMIN OGC - O8~9 Page 3 of 4 Except as hereby modified, amended or changed, all other terms of said Agreement dated June 30, 2004 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above wdtten. AGENCY BY: FDOT COMPTROLLER FUNDING APPROVAL DATE: TITLE: ATTORNEY DEPARTMENT Of TRANSPORTATION ATTEST: TITLE: (SEAL) ATTEST: DIRECTOR OF TRANSPORTATION DEVELOPMENT APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 08fgg Page 4 of 4 FM No. 415216-1-94-01 Contract No. ANM87 Supp. Agreement Date ATTACHMENT "A" SUPPLEMENTAL AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian dated DESCRIPTION OF SUPPLEMENT (include justification for cost change): Funding added to match additional FAA Funds I. PROJECT COST: Approved Net Change Amended $1,000,000 $442,654 $1,442,654 II. PARTICIPATION: Approved Amended Approved Net Change Amended Department 2.5% 2.5% $25,000 $11,066 $36,066 FAA 95.0% 95.0% $950,000 $420,521 $1,370,521 Local 2.5% 2.5% $25,000 $11,066 $36,066 III. TOTAL PROJECT COST: 100.0% 100.0% $1,000,000 $442,654 $1,442,654 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Resolution No. R-05-09 City of Sebastian Public Broadcast Policy P~r~./~c~f~d for Submittal by: Agenda No. Department Origin: City Clerkt~~4/lk- Date Submitted: 2/16/05 For Agenda of: 2/23/05 Exhibits: Proposed R-05-0, Policy, R-03-55 I Expenditure Required: I Amount Budgeted: N/A Appropriation Required: SUMMARY STATEMENT The City's AudioNisual team, consisting of the City Clerks' office, MIS Division, Craig Jerome (the City's Consultant), and Barbour Multimedia met to create a City of Sebastian Public Broadcast Policy and it is presented for adoption by resolution. It contains a provision that allows us to amend the policy from time to time based on upgraded technology and ability to provide better programming as future approved budgets allow. Ail amended pages within the policy will be brought back to Council for formal approval and will include the date of the amendment. The policy incorporates the existing policies set out in Resolution No. R-03-55, and adds our ability to provide programming for local non-profit organizations that adhere to specific regulations and are available to and of interest to the general public. One example of this would be local youth sports organization schedules like Little League, Panthers, Soccer, etc. We are currently running information on our website such as library programs of interest to the general public because they fall under the "other governmental organization" category and we feel that other local non-profit organizations that offer programs of general interest could be listed as well. Requests for these types of listings would have to be approved by a four member Communication Committee made up of the three Charter officers and MIS representative. RECOMMENDED ACTION _~ Move to adopt Resolution No. R-05-09. RESOLUTION NO. R-05-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY", PROVIDING FOR FUTURE AMENDMENTS IN ACCORDANCE WITH UPDATED TECHNOLOGY AND PROGRAMMING ABILITY AND APPROVED BY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in light of establishment of an upgraded audio/visual system for the City of Sebastian, the audio/visual team consisting of the City Clerks' office, MIS Division, Craig Jerome, the City's Consultant, and Barbour Multimedia met to create a City of Sebastian Public Broadcast Policy, and WHEREAS, the A/V team believes it is in the best interest of the City to have a written policy but request the ability to amend the policy from time to time as new technologies emerge and as staff has the ability to broaden its programming capabilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. The City of Sebastian Public Broadcast Policy dated February 16, 2005, as attached hereto as Exhibit "A", is hereby adopted. Section 2. The City of Sebastian Public Broadcast Policy may be amended by staff based on new technologies and ability to provide better programming. Proposals for revised pages will be forwarded to City Council for their approval at a City Council meeting. Approved amended pages will reflect the revision dates and will be scanned with this (original adopting Resolution. Section 3. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. EFFECTIVE DATE. This Resolution shall take effective immediately Section 4. upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2005. CITY OF SEBASTIAN, FLORIDA ATTEST: Nathan McCollum, Mayor Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer City Attorney RESOLUTION NO. R.-03-55 A RESOLUTION OF TiII~ CITY OF SERASTIAN, ESTABLISHING CONTENT POLICIES I~OR CITY W'EIISITE AND TEI.,EVISION ~1'.; PROVIDING FOR CONFLICT. Vta~REAS, the City of Sebastian has estabhshed a~ official City webai~ as well as a govei',',,.~t ch~.~.el on cable television; and W~.REAS, the City seeks to provid~ rel~vam information to thc public but docs not intend W estabiish thee eifl~r medium as a "public forum" within ibc paramcters of law; and WI4'EREAS, it i~ ~proptiate for the City Coundl to establish formal policy as to the cont~lt and use of these media; NOW THEREFORE, BE IT RESOLVED BY T1aE COUNCIL OF ~ ~ OF SEBASTIAN, a~ follows: Section I, That the Cio Counoil of the City of Sebastim, Florida hereby'estabhshes that thc official City wcbsite and cable television channel shall be limited W gov~mment-relatexI conmxt such a~ thc following: a) Information about d~partments, pm/~ ai~ lind services of the City government; b) In.fomlaiion or linkg for other governmental units; or c) .hfformaiion or linl~ concerning City-sponsol~d ~'~nts or t~mnts/p~ in City Seetio~ 2. CONIa].JCT. All resolutions or part~ of resolutions in conflict herewith ar~ hereby repealed. In th~ ~vont of conflict between the policies estabILLshod ~ and th~ requirements of law, ,.be ~ elements of the poli~r shall remain in effect ~ amend~L Th~ foregoing Resolution w~s mov~ for adop6on by Coun0ilm~nb~ 1~/.11 Th~ motion was seconded by Counciim~mber I)~:czyk ~d. upon being put into a vol:, thc vot~ wa~ as follows: Mayor Walter Barnes Vice-May~ Ray Coniglio aye Councilmember Joe B=czyk aye Col/IlcJ. lm~llb~ Jal~l~S ]~[il~ aye Couneilmembcr Nathan B. McCollum aye absent The Mayor thereupon declared this Resolution duly passed and adopted this 12e day of November, 2003. CITY OF SEBASTLkN, FLORIDA Rich Stringex, City HOME OF PELICAN ISLAND City of Sebastian Public Broadcast Policy Government Access Cable Channel 25 - City Website - Audio/Visual System GOVERNMENT ACCESS CHANNEL 25 MISSION Channel 25 is a government access cable television channel for use by the City of Sebastian. The City's franchise agreement with Comcast Cable provides government access channel 25 to the City of Sebastian. The mission of Channel 25, the City of Sebastian's government cable television channel, is to provide an informative, appealing, and mutually beneficial link between the City and its residents. The goal of the channel is to connect the people and their government more directly, expand access to govemment information, and provide an additional medium for the City to respond to the needs and concerns of its residents. From gavel to gavel coverage of City Council meetings to special events programming, Channel 25 is a City medium used by the City to focus on issues that will affect the residents of Sebastian. It is the goal of the City to make Channel 25 a medium that can be used by residents to gain information about the City, to help residents make informed decisions about the community they live in and to encourage more residents to vote and become active citizens in the City of Sebastian. POLICY All programs that are broadcast over Channel 25 must be City related and provide useful information to the residents of the City of Sebastian; or must be deemed to be of service to the community. Programs may include meetings, activities, programs, events or services of City departments or other governmental agencies, or local nonprofit organizations that adhere to the regulations outlined herein and are available to and of interest to the general public. Requests for access to Channel 25 will be evaluated by a Communication Committee consisting of City Manager, City Clerk, City Attorney and MIS representative. The following is a list of general priorities that will apply to the City's government access channel: o Programming of an emergency nature involving public safety or health o Programming of or about meetings of City policy-making bodies o Programming of vadous departments and their services o General programming of the City produced in the production studio of Channel 25 o Programming of county, state, federal or quasi-governmental agencies o Programming provided by local, charitable and community service non-profit organizations o Additional community/government programming PERMITTED PROGRAMMING: Live Programs Live coverage will be provided of all meetings of the Sebastian City Council, which take place in the City Council Chambers. Live coverage may also be provided for meetings of all or any other City board, commission or committee, All live meeting coverage will be from gavel to gavel. Live coverage stipulations: · Live coverage of all City Council meetings will take precedence over all other programming on Channel 25, except in the case of an emergency. · City Council meetings will be shown live the second and fourth Wednesday of every month and replayed the following weekend. · All special meetings of the City Council will also be shown tive, except when those meetings are not held in the City Council Chambers. · Workshop meetings of the City Council will be shown live at the discretion of the City Council live when scheduled and replayed the following weekend. · Political debates and candidate forums conducted by local charitable and community service non-profit organizations will be shown live when scheduled as approved by the Sebastian City Council. The City shall not air political programming or campaigning by or on behalf of any candidate for public office. Use of the channel by elected officials seeking reelection and candidates seeking election is prohibited except in balanced non-partisan open forum programming formats or regularly scheduled government meetings. Current elected officials seeking reelection may be shown in the performance of their official duties at regularly scheduled meetings or incidental appearances in other programming but may not use the format to further their individual campaigns. · Other Boards and Committees of the City may be televised live as we acquire the ability to do so and public demand is ascertained. Tape Delayed Programs City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25- City Website - Audio Visual System 2/I 772005 o City Programs Programs by the City, including City meeting rebroadcasts, programs for City departments, issues related to City government or with groups/committees/boards that 2 are affiliated with City government, may be broadcast on Channel 25. o City Sponsored Special Events City sponsored special events may be broadcast on Channel 25. o Other Governmental Agencies' Programs Programs produced by municipal, state, federal, and/or quasi-governmental agencies that can be purchased, rented or borrowed are permitted for broadcast on Channel 25. o Non-Profit Organization Programs Programs produced by local, charitable and community service non-profit organizations may be broadcast at the Communication Committee's discretion. The City may choose to broadcast externally-prepared programs if they meet policy and quality requirements and are not in violation of copyright law. Emergency Programming Emergency programming in conjunction with Indian River County Emergency Management or other state or federal agencies will take precedence over all other programming. City Twenty-Four Hour Bulletin Board Whenever there is no other live, tape-delayed programming or other programming scheduled for Channel 25, a City bulletin board, running in Power Point will be broadcast. o Permitted Postings · City meeting agendas and notices · City Job listings · Law Enforcement information · City activities/programs/special events · City board vacancies · Notices of other governmental agencies, i.e., county, school, library · Emergency information (which takes precedence over all programming) · Athletic, recreation and special activities available in the community for the general public at the discretion of the Committee Prohibitions for All Programming on Channel 25 (Live~ Tape Delayed and Bulletin Board) City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25 - City Website - Audio Visual System 2/17/2005 Commercial programs and messages Programming that does not include copyright clearances Endorsements of political issues or proposed ballot items (sample ballots are permitted) Information concerning any lottery, gift enterprise, or similar promotion Direct solicitation of funds Material that would violate any federal, state, county or city statute or law //_ j"~ Matedal that promotes a particular religious belief or philosophy Obscene, indecent or defamatory material as defined by City ordinance or community standards Programming that discriminates or fosters discrimination on the basis of race, color, religion, national odgin, family status, age, disability, sexual orientation, veteran status, or any other status or condition protected by applicable state or federal laws Any material inappropriate to the mandate, mission, goals, and priorities of the City of Sebastian The City reserves the dght to edit programs submitted for broadcast and/or to display disclaimers Videotape Editin~l Policy Live coverage of City meetings and videotaped coverage of other governmental meetings will not be edited or subjected to editorial comment. Meeting coverage will be from gavel to gavel. The City reserves the right to edit videotaped special events programs, including both those videotaped by the City and those provided to the City by outside sources, for time and content. Liability The City will not be responsible for the accuracy of any information broadcast over its government-access channel for pregremming provided by outside sources. City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25- City Website - Audio Visual System 2/17/2005 PROCEDURES Management of City of Sebastian Government-Access Channel 25 Government Access Channel 25 will be administered by the MIS Division under the direction of the Office of City Manager, and in cooperation with the Office of City Clerk and Barbour Multimedia Productions, which provides live broadcasting and videotaping services through two existing consultant service's contracts for broadcast services. The Communications Committee is responsible for final approval for access to channel 25. The committee is comprised of the City Manager, City Clerk, City Attorney and MIS representative. All programming will be submitted to the MIS Division and then forwarded to Committee members for final review and approval. · Requests for Programming Requests for broadcast of programming on Channel 25 must be submitted to MIS on a form provided by the City at least 30 days pdor to the anticipated start..Channel 25 is not a public access channel and submittal of a request does not in any way guarantee approval of the request. City departments and divisions requesting programming must be willing to assist in the production. Individuals requesting programming must obtain all on-site approvals and off-site legal permits and permissions in writing for taping from property owners, business owners, performers, event coordinators, etc. prior to submitting request forms. Programming shall be submitted on DVD/cassette/MiniDV or VHS videotape only. If possible, videotapes shall have at least thirty (30) seconds of color barn and tone at the head of the program and at least ten (10) seconds of black at the breaks and end of the program. All videotapes submitted for broadcast from an outside source producer will be previewed by MIS for the following technical criteria: (a) Technical quality - Video and audio quality must be acceptable levels as determined by staff. (b) Relevance of Subject Matter of Content- subject matter must be of interest to the general audience and serve a governmental purpose. (c) Relevance and Appeal- program must be relevant to the needs and interests- of Sebastian residents and visitors. City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25- City Website- Audio Visual System 2/17/2005 (d) Absence of Defamatory Material- subject matter that slanders or libels individuals or organizations will NOT be broadcast. Requestors of copies of meetings/programs aired will be charged the actual cost of duplication for each meeting/program, Copies will be dubbed in DVD or VHS format. The copy shall include the entire meeting/program/event without editing. Staff will not custom-edit portions of any program. If DVDs or VHS tapes are mailed, a $5.00 postage and handling charge will be added and must be paid at the time of the request. · Retention of Broadcast Mediums Content of meetings/programs produced or created by another entity remain property of that entity but the copied medium will be kept on file with the City for two years. City of Sebastian Public Broadcast Policy - Government Access Cable Channel 25 - City Website - Audio Visual System 2/?'7/2005 CITY OF SEBASTIAN WEBSITE MISSION The City website is a means to communicate up-to-date information to the residents of the City of Sebastian on City Council and City departments, boards and committees, agendas and minutes, notices, meeting schedules, employment, licensing and permitting, codes, bids, elections, municipal services such as the police department, municipal cemetery, golf course, airport, parks, public works, and economic development. It is our intention to provide access to City imaged public records via Laserfiche Imaging weblink software in the near future. POLICY The City of Sebastian website is limited to: · Information about departments, programs and services of the City government · Information or links for other governmental units; or · Information or links for City-sponsored events or tenants/partners in City enterprises Access to all City records that have been digitally imaged · Links to the Municipal Golf Course and Municipal Airport websites, and the City Economic Development website At its discretion the City may provide links to external websites of educational and other governmental agencies and organizations, organizations that provide government related information and/or services not available on an official government website such as Code of Ordinances, elections information, etc., information of relevance to the general public relative to recreation programs offered, and services that support the strategic and operational goals of the City. The City reserves the right to determine how and where extemal links will appear on its web site. The Communications Committee will make the final determination on requests for placement of information on the website. The City Website will not provide links to sites that promote or exhibit bias, discrimination, pornography, libelous or otherwise defamatory content. The information posted on the City Website includes Pinks to information created and maintained by other public and/or pdvate organizations. The City provides these links solely for the information and convenience of users of the City Website. When users select a link to an outside website, they are leaving the City of Sebastian Website and ara subject to the privacy and secudty policies of the owners/sponsors of the external website. PROCEDURE The City website is managed by the MIS Division under the direction of the Office of City Manager. Each department of the City is responsible for providing the MIS Division with up-to- date information. Departments are responsible for posting and removing the information by/'""~'~ City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25 - City Website - Audio Visual System 2./17/2005 wdtten work order to MIS. Information for posting must be received by MIS at least ten business days prior to desired airdate, with some exceptions for time constraints such as agendas, meeting notices and emergency notices. Messages should be bdef and to the point and special elements (photos, Iogos, artwork) must be provided at time of submission and are subject to editing. City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25 - City Website - Audio Visual System 2/~7/2005 AUDIO VISUAL SYSTEM MISSION It is the intent of the City of Sebastian to provide state-of-the-art technology for the purpose of disseminating up-to-date information to the residents of the City of Sebastian as quickly and efficiently as is possible, and to provide user-friendly technology for meetings of boards, committees and staff of the City. POLICY AND PROCEDURE The MIS Division, under the direction of the Office of City Manager, and in cooperation with the Office of City Clerk and Barbour Multimedia Productions will administer use of the City's Audio/Visual studio, located in the City Council Chambers and MIS offices to provide the following: · Live broadcasts of City meetings on Comcast Cable Government Access Channel 25 · Audio/visual training for other city staff to conduct governmental meetings which are not broadcast live · Ability to provide other live programming and videotaped in-house training programs · 24 Hour Bulletin Board utilizing Power Point for City notices and information · Tape Delay broadcasts of meetings, special events and other programming as set out in the Channel 25 Section of this policy · City Website to provide up-to-date information to the residents of Sebastian In addition to the above-described fixed equipment within the studio, additional equipment is available for use by City staff or meeting attendees: · Laptop · Elmo · VHS and DVD players · Television wNCR and DVD Use of Equipment and Facilities Use of City-owned equipment and facilities is restricted to authorized City activities and may be operated only by authorized personnel Requests to utilize City equipment such as the laptop, VHS or DVD player, and ELMO for presentations at meetings and other programs must be received by MIS at least one week prior to the requested date of the presentation to allow time for viewing of the matedal to ensure that it meets the criteria set out in this policy on page 3 "Prohibitions". Presenters are asked to utilize City equipment and to ensure that their presentation media is compatible with the equipment. If there is any question as to content of the program, a final decision will be made by the Communication Committee Loaning of equipment for personal or outside use is stdctly prohibited City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25 - City Website - Audio Visual System 2/17/2005 The City Clerk's Office/MIS will maintain a comprehensive list of all audio/visual equipment currently owned and operated by the City for uses set out in this manual A user manual shall be provided and training sessions completed before use of the equipment by any other City employee for purposes of conducting meetings, trainings, etc. Keys to the A/V studio are held by MIS, Building Maintenance and the Office of City Clerk. Users must sign out a set of keys from the Office of City Clerk. City of Sebastian Public Broadcast Policy- Government Access Cable Channel 25 - City Website - Audio Visual System 2/17/2005 M NIO AL AIRP R City of Sebastian, Florida Subject: Florida Power and Light Release of Liability and Damage Compensation Approved for Submittal by: Agenda No. C 5'. ~.'}q Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: 2/15/2005 For Agenda of: 2/23/2005 Exhibits: (1) - Florida Power and Light Release of Claims EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ n/a $ n/a REQUIRED: $ n/a SUMMARY As you are ail aware, Sebastian Municipal Airport played a critical role in our recent hurricane recovery efforts by providing Florida Power and Light (FPL) acreage to stage crews and equipment on our facility's taxiways and runways. As staff coordinated specific locations and traffic rouhng, FPL representatives assured us that they would repair any and ail damage they caused to airport grounds and infzastructure so as not to hinder airport operations once the effort was complete. Following the restoration of electricity to the area and the removal of crews and equipment from the airport, representatives from FPL, The LPA Group, and airport staff conducted a joint inspection of areas used by FPL to determine (and agree upon) specific damages to the airport's infrastructure. This inspection revealed a fairly significant amount of damage, including numerous asphalt ruts, depressions, and failures as a direct result of the large amount of heavy equipment traversing the area. Essentially, though our aging asphalt is fairly able to handle light aircraft, it was no match for the hundreds and~--..~ hundreds of heavy utility trucks. All of the damage caused by FPL's restoration efforts was documented and agreed upon by all parties and FPL offered to contract with an asphalt company to make ail necessary repairs. Though that process is normally acceptable, airport staff realized that most of the damage occurred on Taxiway "A," one that soon needed complete rehabilitation. Through coordination with FPL representatives, airport staff was able to negotiate a settlement whereby they would solicit bids for the repair work, then reimburse Sebastian Municipai Airport for the damages, rather than actually contracting with a firm to patch up over a hundred ruts and depressions. This sum of money would in effect reimburse Sebastian Municipal Airport for an appropriate and equivalent portion of the Taxiway "A" Rehabilitation Project. I'm pleased to announce that because of our above efforts, Florida Power and Light has agreed to pay a sum of $141,338.12 to Sebastian Municipal Airport as full compensation for any and all damages that occurred as a direct result of their staging activities. All of the bids received by FPL were evaiuated by both airport staff and The LPA Group and found to be fair and consistent with market prices for similar work. Both airport and FPL staff amicably agree that th/s method is the best possible solution to this issue and both parties look forward to working together again in the future, should the unfortunate need arise. It is therefore staff's recommendation to authorize the City Manager to execute the attached release form in exchange for a cash settlement of $141,338.12 fi.om Florida Power and Light Company. This release form has been reviewed by the City Attorney and found to be acceptable. Airport staffwill be available during your February 23, 2005 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Authorize staffto xecute Release of All Clazms andlndemnitV' form fi.om Florida Power and Light Company in exchange for a cash settlement in'he amount of $141,338.12 to be allocated to the Airport Enterprise Fund. RELEASE OF ALL CLAIMS AND INDEMNITY KNOW ALL MEN BY THESE PRESENTS: For the sole consideration of the settlement for a sum of One Hundred Forty-One Three Hundred Thirty-Eight Dollars and 12 cents ($ 141,338.12) to Sebastian Mumcipal Airport (Hereinafter "SMA"), the receipt and sufficiency whereof is hereby acknowledged, SMA, does hereby release, acquit and forever discharge FLORIDA POWER AND LIGHT COMPANY (Here/nailer "FPL"), its subsidiaries, entities, agents, employees and all other related or affiliated persona, entities, firms, corporations or parmerships of FPL, and any insurance companies of FPL, and any contractors hired by FPL and/or their sub-contractors (Here/nailer collectively "the Releasees"), of and from any and ail claims, actions, causes of action, demands, rights, damages, whether direct or indirect, consequential or incidental, costs, expenses, loss of services, profits and/or income, and compensation whatsoever, which the undersigned now has or which may hereafter accrue on account of, or in any way growing out of, any and all known and unknown, foreseen and unforeseen, property damages and the consequences resulting from the Releasees use and occupation of the property and grounds located at or near Sebastian Mumcipal Airport, 101 East Airport Drive, Sebastian, Indian River County, FL, as a staging area and base of operations during the hurricane power restoration effort winch occurred on or between g~l,t-,,~t~~ ~oo,~ and /0~,c,,,~,~ ,- ;~0.~ , including any present and/or future clarum resulting from any of the efforts to repair, replace and/or correct any of the damages and/or clroms. It is understood and agreed that this settlement is the compromise of doubtful and disputed claims, and that the payment made and/or the consideration given is not to be construed as an admission of liability on the part of the party hereby released, and that said Releasees deny liability therefore and intend merely to avoid litigation. SMA represents to FPL, and SMA acknowledges that FPL is relying on the follow/ng representations: That SMA/s the sole owner of the property located at 101 East Airport Drive, Sebastian, Indian River County, FL. That SMA has not sought reimbursement or compensation from any other source for any of the claims contemplated herein. The undersigned also hereby agrees to defend, indemnify and hold harmless FPL, its subsidiaries, entities, agents, employees and all other related or affiliated persons, entities, fa'ms, corporations or partnersinps of FPL, and any insurance companies of FPL, and any contractors hired by FPL and/or their sub-contractors, of, from and against all claims, actions, causes of actions, demands, judgnmnts, losses, costs and expenses, which may ever be asserted or adjudicated against or suffered by FPL, its subsidiaries, entities, agents, employees and all other related or affiliated persons, entities, imm, corporations or partnerships of FPL, and any insurance companies of FPL, and any contractors hired by FPL and/or their sub-conn'actors, by any other person, firm, corporation, partnership, or any other legal or natural party or parries arising out of or in any way connected with the aforesaid claims. Tins provision is specifically intended to include, but not limited to, any subrogation claims or actions filed against the Releasees for any of the aforesaid claims. The undersigned further declares and represents that no promise, inducement or agreement not here/n expressed has been made to the undersigned, and that tiffs Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. TIlE UNDERSIGNED ItEREBY DECLARES that the terms of tins settlement have been completely read and are FULLY UNDERSTOOD and VOLUNTARILY accepted for the purpose of making a full and final compromise adjustment and settlement of any end all claims, DISPUTED OR OTHERWISE, against all persons and entities described above (all such claims are expressly denied), on account of the injuries and damages above-mentioned and for the express purpose of precluding FOREVER any further or additional claims arisIng out of the aforesaid claims. By signing below, the undersigned is acknowledging and representing that he or she is an auth~ representative of SMA and is authorized and/or empowered to bind SMA to the terms of tiffs Release. IN WITNESS WHEREOF, We havehereunto set our handsand seals this ,2005. BY: Signature of SMA representative Print name & Title The foregothg iastmment was acknowledged before me this day of 2005, by. j who is personally known to me, or has produced , as iden~fieation and did take an oath. Si~aat~re of Notary day of City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Special Service Agreement with Craig Jerome for AudioNisual System Maintenance Approv,~f]or Submittal by: City Uanag~e~ ~,~ City Attorne~jr/ Agenda No. Department Origin: City Clerk~~''~ Date Submitted: 2/16/05 For Agenda of: .2/23/05 General Services: Finance: Exhibits: Expenditure Required: Amount Budgeted: Appropriation Required: Not to Exceed $1,000 Original: $9,500.00 N/A Available: $7,634.94 SUMMARY STATEMENT Craig Jerome, Producer/Director for Indian River County School District, was the City's consultant and coordinator for the new City Council Chambers Audio/Visual System. The A/V system was developed through a team effort by Mr. Jerome, Barbour Multimedia, Melody Music, City Hall staff, Complete Electric under their contract with Suffolk Construction, and several vendors. We utilized all equipment from the old Chambers that was available, and purchased what was needed. I plan to come back in the near future, perhaps with the 2006 proposed budget, to suggest a staff member or outside services to be responsible for audio/visual systems and associated technology such as the websites and channel 25. In the meantime, should we have any system failure I would be comfortable in calling on Mr. Jerome, who does this type of thing everyday in his job, to assist us in troubleshooting and coordinating repairs. I am requesting a special services agreement at a cost of $40 per hour for Mr. Jerome. I budgeted an additional $1,000 in my contractual agreements line to accommodate this type of agreement for the new system. RECOMMENDED ACTION Move to waive bidding processes and approve a special services agreement with Craig Jerome at $40 per hour, not to exceed $1,000, based on his knowledge of the system and his expertise in this area. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorize the interim City Agenda No. ~.~, Manager to execute an Engagement Letter with Hoyman, Dobson & Company, P.A. for Department Origin: Finance audit services for the fiscal year endingFinance Director: .,0z,/,~ 09/30/05. General Services: City Clerk: Approved for Snbmittal by: City Attorney: ~. ,n;' A. Davis, Acting For Agenda of: February 23, 2005 aqer ~Exhibits: Engagement Letter between the City of Sebastian and Hoyman, Dobson & Company, P.A. EXPENDITURE AMOUNT t APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: , REQUI]RED: N/A N/A N/A N/A SUMMARY In 2001, the City Council awarded a contract to Hoyman, Dobson & Company, P.A. for audit services for a period of three years with an option to extend for two additional one- year periods. The term of the original contract expires following the completion of the fiscal year 2003/2004 audit. Staffrecommends approval of the continuance of the contract for an additional period of one year. Recent changes in management, and the level of knowledge that the audit firm of Hoyman, Dobson & Company, P.A. has regarding the City, would provide a greater level of control and understanding during the next year while the City adjusts to these changes. The audit fee for the next fiscal year will be $ 37,840 RECOMMENDED ACTION Move to authorize the interim City Manager to execute the Engagement Letter with Hoyman, Dobson & Company, P.A. HOYMAN, DOBSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 215 Boytree Drive, Me/bourne, FJorido 32940, 321-255-0088, Fax 32 l-2.59-Sd)zJS, wvm,v, hoyrnon.¢om Charles W Hoyman, Ji Barbara j Os~ll 'lhomas L Kirk Karen E. Kirkland Deborah A BradJev DIRECTC~ EMERITUS Roger V~ Dobson Eugene K Bjerning February7,2005 Mayor and City Council City of Sebastian Post Office Box 127 Sebastian, Florida 32958 Dear Mayor and City Council Members: We are pleased to confrere our understanding of the services we are to provide City of Sebastian, Florida for the year ending September 30, 2005. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements, of City of Sebastian, Florida as of and for the year ending September 30, 2005. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements: 1. Management's discussion and analysis. 2. Schedule of expenditures of federal and state financial assistance 3. Combining and individual fund financial statements and schedules The document will also include the following required supplementary information that will be subject to certain limited procedures and for which our auditor's report will disclaim an opinion: 1. Required supplementary pension information GASB Statement No. 34 required supplementary information: a. Management's Discussion and Analysis b. Budgetary comparison schedules for certain governmental funds Also your Comprehensive Annual Financial Report will include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our accountant's report will disclaim an opinion. 1. Introductory section 2. Statistical tables · American )n$lilute of Certi[ied Public Accounlants · P/of ida In$fitule at Cerlif~ed Public Accountants · SEC Practice Section o~ the A.I C ~A. · CPAmer~co InternaticmaJ Mayor and City Council City of Sebastian Page Two Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the falmass of the additional information referred to in the fa-st paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on-- Internal control related to the fmancial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the fmancial statements in accordance with Government Auditing Standards. Internal control related to major programs/projects and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program/project in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of Smt_~!~.es Local Governments and Non-Profit Or~ani?~tions and Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; the provisions of OMB Circular A-133; and Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida, and will include tests of the accounting records, a determination of major program(s)/project(s) in accordance with Circular A~133 and with Florida Chapter 27D-1, and other procedures we consider necassarv to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted Mayor and City Council City of Sebastian Page Three accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all fmancial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards and state financial assistance, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Additionally, as required by OMB Circular A-133 and Chapter 27D-i, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the fmancial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the f'maucial statements are free of material misstatement, whether from errors, fraudulent f'mancial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. As required by the Single Audit Act Amendments of 1996, OMB Circular A-133, Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida, our audit will include test of transactions related to major federal and state grant projects for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, Mayor and City Council City of Sebastian Page Four there is a risk that mater/al misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary, evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and fmancial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures--Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on City of Sebastian, Florida's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the £mancial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, Chapter 27D~1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests wilI be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our Mayor and City Council City of Sebastian Page Five judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by OMB Circular A-133, Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida. Audit Proced ures-~Complianee Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Sebastian, Florida's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133, Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in OMB Circular A-133, Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida for the types of compliance requirements that could have a direct and material effect on each of the City of Sebastian, Florida's major programs/projects. The purpose of those procedures will be to express an opinion on the City of Sebastian, Florida's compliance with requirements applicable to major programs/projects in our report on compliance issued pursuant to OMB Circular A-133 andfor Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida. Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confmuations we request and will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit fmdings. We will provide copies of our reports to the City; however, it is managnment's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, andkors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. Mayor and City Council City of Sebastian Page Six The audit documentation for this engagement is the property of Hoyman, Dobson & Company, P.A. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to the City's oversight agency, a federal agency providing direct or indirect funding, or the U.S. General Accounting Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Hoyman, Dobson & Company, P.A. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of three years after the date the auditors' report is issued or for any additional period requested by the City's oversight agency. If we are aware that a fedemI awarding agency, pass-through entity, Or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We estimate that our fees for these services will be $31,000 for the audit, including travel and other out- of-pocket costs such as report production, typing, postage, etc. There will also be an additional fee of $3,420 for a Federal Single Audit and $3,420 for a State Single Audit, if it is determined such an audit is required. The fee estimate is based on anticipated cooperation from your personnel, the level of client assistance described in Appendix A, and the assumption that unexpected circumstances will not be encountered during the audit. Should it appear we would be required to perform any services your personnel have been assigned, to allow for an efficient and timely engagement, or if we see areas where the task undertaken is not as anticipated, we will consult with you to determine if our fn'm or your staff will take the action necessary to complete the assignment. We will provide a supplemental service agreement (Appendix B) for your signature and authorization if we are requested to complete any supplementary services. Our invoices for these services will be rendered each month as work progresses and are due upon presentation. Amounts outstanding more than 30 days will be considered delinquent and will be subject to an interest charge of 1% per month (annual percentage rate of 12%). You have the right and we reserve the right to withdraw from this engagement upon written notification. In such an event, it is the policy of the f'n'm to bill a client for services provided and charges incurred on the client's behalf before the point of withdrawal. Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of this engagement will, prior to resorting to litigation, be submitted to mediation upon the written request of any par~ to the engagement. All mediations initiated as a result of this engagement shall be administered by the American Arbitration Association (AAA) and in accordance with the 'Mediation Rules for Professional Accounting and Related Disputes' as then adopted by the AAA. The results of this mediation shall be binding only upon agreement of each party to be bound. Costs of any mediation proceeding shall be shared equally by both parties. Hoyman, Dobson & Company, P.A. prides itself in employing quality individuals and underwrites substantial associate training each year. While engaged to provide these professional services you may become familiar with various members of Hoyman, Dobson & Company, P.A. and wish to extend an Mayor and City Council City of Sebastian Page Seven offer of employment. Hoyman, Dobson & Company, P.A. values each associate and does not wish to incur turnover, but also does not desire to hinder opportunities that may present themselves to these associates. Recognizing Hoyman, Dobson & Company, P.A.'s investment and training in each associate, you agree to reimburse Hoyman, Dobson & Company, P.A. one-third of the individual's current salary should you extend an offer of employment and it be accepted. Additionally, if an employment offer is discussed during the course of the engagement, the Company acknowledges it may have impaired our independence. If an impairment of independence is deemed to have occurred Hoyman, Dobson & Company, P.A. may have to withdraw from the engagement and thus not be able to issue a report. If this occurs the Company agrees to reimburse Hoyman, Dobson & Company, P.A. for fees incurred. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2002 peer review report accompanies this letter. We appreciate the opportunity to be of service to City of Sebastian, Florida and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Hoyman, Dobson & Company, P.A. RESPONSE: This letter correctly sets forth the understanding of City of Sebastian, Florida. By: Title: Date: July 19, 2002 To the Shareholders of Hoyman, Dobson & Company, P.A. and the SEC Practice Section Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Hoyman, Dobson & Company, P.A. (the firm) in effect for the year ended June 30, 2002. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. In addition, the firm has agreed'to comply with the membership requirements of the SEC Practice Section of the AICPA Division for CPA Firms (the Section). Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system and the Section's membership requirements based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Section and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it or with the membership requirements of the Section since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of camplianca with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Hoyman, Dobson & Company, P.A. in effect for the year ended June 30, 2002, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied w th during the year then ended to provide the firm with reasonable assurance of complying with professional standards. Also, in our opinion, the firm complied during that year with the membership ~'equirements of the Section in all material respects. James C. Baker, CPA Team Captain 11801 R~eatch Dr. Ph: (586) 418-4001 Fax: (386) 418-4002 a~.~.~:~ A.lachua, FL 32615 E-mail: cpamerica@q~rncrlce, otg www. ep~merlca, org .~'-~,. APPENDIX A CITY OF SEBASTIAN AUDIT SCFrE, DULES TO BE PREPARED BY CLI~ENT ON OR BEFORE NOVEMBER 15 1. Trial balance for each fund. 2. List of all attorneys (including addresses) used by the Cily during the fiscal year. 3. List of all known possible contingencies at year end. 4. List of all bank accounts opened and/or closed (including addresses)during the fiscal year. 5. The following forms reviewed and updated by the City: a. Internal control procedures forms and b. Microcomputer system control form. 6. Copies of the approved budget, any amendments to the budget and a copy of the advertisement announcing f'mal public hearing for the budget. 7. Copies of all grant documents for which monies were received or expenditures made during the fiscaI year. 9. Beginning and ending check numbers for all bank accounts. 10. Review and update confmnation listing for additions/deletions and address corrections. 11. Bank reconciliations for all bank accounts. Schedule of allocation of consolidated (SBA) account. Schedule of interbank transfers. 12. Schedule of allocation of interest earnings from consolidated (SBA) account. Schedule of interbank transfers. 13. Schedule of accounts receivable for all funds as of September 30. 14. Property and equipment reconciliation including current year additions and deletions. 15. Depreciation schedule for enterprise funds including current additions and deletions. 16. Analysis of due from and due to other fund accounts. 17. Analysis of operating transfers in and out to other fund accounts. 18. Analysis of accrued wages and compensated absences. 19. Analysis of all reserved and designated fund balance accounts. 20. Analysis of investments in general fixed assets including additions and deletions. 21. Analysis of general long-term debt account group, including additions and deletions. 22. Employee and employer contributions for all pension plans for the fiscal year. 23. Payroll reconciliation to payroll tax returns including salaries and payroll taxes. 24. Budget versus actual comparison. 25. The items on Appendix B for compliance with Florida Laws. APPENDIX B HOYMAN, DOBSON & COM/'ANY, P.A. SUPPLEMENTAL SERVICE AGREEMENT Client Proposed by Year Ended Date Prepared At this time we anticipate having to perform the following services in order to complete your year end and fmancial statements: Reason for requiring the change order Nature of work to be performed Discussion with client Estimated cost of change/ additional work Estimated Estimated Accountant Rate Hours Totals You will be billed for the actual time expended on the services at our normal hourly rates. The terms and conditions of payment will be the same as in our engagement letter. Any revision of timetable Approved: Accepted: Manager Client Director Date APPENDIX B HOYMAN, DOBSON & COMPANY, P.A. SUPPLEMENTAL SERVICE AGREEMENT Rejected: Manager Director Date: Reason: Rejected: Client: Date: I do not want Hoyman, Dobson & Company, P.A. to do the additional services required. I will be responsible for getting our personnel to perform the services. I realize that this will cause a delay in delivery of our financial statements and tax returns. CITY OF SEBASTIAN AGENDA TRANSMITTAL & Door Charge Subject: Alcoholic Beverage/Approval for Welcome Wagon Club of Sebastian Variety Show at Community Center Approved for Submittal by: City Manager ~&m~f l'.. Davis, -- - ing City Manager Agenda No. O,,~. 0¢ 2 Department Origin: - .~ ~/~ Purchasing/Contrac~g: / Finance Director: City Attorney: CiW Clerk: Date Submitted: February 14, 2005 For Agenda of: February 23, 2005 Exhibits: Receipts and Copy of Rental Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None N/A REQUIRED: None SUMMARY The Welcome Wagon Club of Sebastian is seeking Council approval to serve alcoholic beverages at their annual Variety Show fundraiser at the Community Center on March 12, 2005 from 6PM until 1 OPM. This is the second year that the Welcome Wagon Club has used the Community Center for this event and has been no problem for the City. RECOMMENDED ACTION and ~oor charge Move to approve alcoholic beverages'at the Community Center for the Welcome Wagon Club of Sebastian annual Variety Show fundraiser on March 12, 2005 from 6PM until 10PM NAME OF PERMITTEE: ADDRESS OF PERMITTEE: CITY OF SEBASTIAN RENTAL PERMIT APPLICATION DAVE: 9- O NO. COMMUNITY CENTER Slreet [] YACHT CLUB City PHONE # ~'~:>J -~l,% h ~ MAILING' ADDRESS: NAME OF GROUP OR ORGANIZATION: I x'~e ~ c,.,~ ~r~ '~ REASON FOR RENTAL: ANTICIPATED NUMBER OF PERSONS ATTENDING EVENT: If more thnn 75 attende,$, extra dlt~olice officer services are required , (R- 0'2-47 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? Permittee's (a) If ~n,wer to #3 is Yes, proof of age: Make checks payable to City of Sebastisn (A service fee of 5% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No. R-96-41) OFFICE USE ONLY DATE PAID SECURITY DEPOSiT ..............$750.00 i '~- - t 3 - 0".4 RENT ............................. [ .~ .oo 7~TAX ........................... [~ ~o ;~-H-o~' POLICE OFFICER SERVICES t 0 0, oo Office Use Only Rent ............... $ Non-Resident.. Total ................ $ P. O. Services Total ............... $ RECEIPT NO. INITIALS Alcohol Beverag* Request [] APPROVED Police Department Agreement ComSrmed (if applicable) Key Pickup Date: Security Deposit Returned By City Check~ [] DISAPPROVED .Key Returned Date: FOr $ Date On: CffY OF PU6UCWOIU(S/FJ4GINEEIUNG 1 9'~ 8 ,* RECEIPT Amount Paid ~01001 208001 ~1501 322050 101501 322600 ;80800 220301 I01E01 341910 ~01501 341920 ~1501 3621O0 ~01501 362100 180800 220681 ;~0800 220~2 ;~0~0~ 220~3 Sales Tax D~eway Permit L . B , U Street Opening Permit & Engineering Fees Slreet Ope~ Security Deposit Zoning Map co~ Commu4~ Ceetl~ P,~t Yacht Club Rent Perk Rant Pa~id/1/Elec~c Yacht Club Secufi~' Deposit Commun~ Center Secu~ Deposit R~ewie~ Park Sacud~y Depos;t CffY OF SEBAST~.~ PUBliC WORKinG 2 0 2 5 RECEIFI' Amount Paid 001001 208001 001501 322050 001501 322909 680000 ~.0301 001501 341910 001501 341920 001501 362100 00t501 362100 C01001 362150 680800 220681 680000 220682 680800 220683 Sa~es Tax Ddveway Permit L , B , U __ $1met Opening Pe~nit & Engineering Fees Street Open'rog Secu ri[7 Deposit Zoning Map Copies Community Center Rent Yacht C!ub Rent Park Rent Pavilion/Elec~ic Ya~t Club Secur;ty Deposit Community Center Secudty Deposit Riverview Park Sesudty Dep(=it Total Paid White - O~t. e! Origin · Yldtew - Finance * Pink, Applicant Total Paid White - Dept. of Origin · YIdlow - Finance * Pink - Applicant CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Alcoholic Beverage Approval for Durkee Wedding Reception Approved for Submittal by: Acting City Manager Agenda No. 0~ 0 (~3 Department Origin: Purchasing/Contracting: Finance Director: City Attorney: q~. ~ ) City Clerk: Date Submitted: February 14, 2005 For Agenda of: February 23, 2005 Exhibits: Receipt and Copy of Rental Permit Application EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: None SUMMARY Jessica Durkee is seeking Council approval to serve alcoholic beverages at her daughters wedding reception at the Community Center on March 5, 2005 from 6PM until 10PM. Mrs. Durkee has rented the Community Center before and has been no problem for staff RECOMMENDED ACTION Move to approve alcoholic beverages at the Community Center for the Durkee wedding reception on March 5, 2005 from 6PM until 10PM. CITY OF SEBASTIAN . L ~P'~NT~~APPLICATION [] YACHT CLUB City NAME OF GROUP OR ORGANIZATION: E/ilo ANTICIPATED N'UMBER OF PERSONS ATTENDI2qO EVENT: If more then 75 ettendees,/x~a duty police officer services are r~uired <(.'R-0'2-47 ) PLEASE ANSWER YES OR NO: ~. Are You a Resident of Sebas2:i~'an2 ~. Will There Be An Admlssion or Door Charge? .! "_ /-4,'Y ' ~. Will Alcoholic ,,B. everages Be Served? x/CS (a) If answer m #3 is Yes, Permittee's proof of age: ~/-¢{,¢1~ Office Use Only Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greamr, may be charged for a dishonored check per City Resolution No. R-96-41) Rent ............... $ Non-Resident.. Total ................ Tax P. O. Services Total ........ SECURITY DEPOSIT .............. $Z50.00 RENT ............................. 7% TAX ........................... POLICE OFFICER SERVIC~ OFFICE USE ONLY DATE PAID '~'- ¥ ~, -e~' RECEIPT NO. ~_o~ INITIAL5 Allcohol Beverage Request [] APPROVED [] DISAPPROVED Polic~ Department A~eemem Confame5 (if applicable) Key Pickup Date: .Key P, etumed Date: Daze osit RettLmed By City Checkg For $ CITY OF SEBASTIAN AGENDA TRANSMITTAl, Subject: Waive Competitive Sealed Bidding Process to replace roofs at the Community Center and Yacht Club Approved for Submittal by: Acting City ~ ~ ~a~ ~eet Agenda No. t~*~- ~, Department Origin: ~ Purchasing/Contracting: Finance Director: City Attorney: '~~ City Clerk: Date Submitted: February 16, 2005 For Agenda of: February 23, 2005 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION Community Center: $35,053.00 Community Center - $39,648.00 REQUIRED: None Yacht Club: $10,660.00 Yacht Club - $28,872.00 SUMMARY The roofs on the Community Center and Yacht Club sustained considerable damage during the recent hurricanes. Both buildings need the roof replaced as soon as possible. We are using the Community Center again but the Yacht Club is closed. Staffhas obtained proposals and money is available from insurance settlements to replace both roofs. Sun Sky Roofing from Vero Beach submitted the low price quote to replace the roof at the Community Center for $35,053.00. Feazel Roofing from Fort Pierce submitted the low price to replace the Yacht Club roof for $10,660.00. RECOMMENDED ACTION Move to waive the competitive sealed bid process as per ordinance # 0-96-10. Move to approve Sun Sky Roofing from Vero Beach, Florida to replace the roof at the Community Center with a standard seam metal roof for $35,053.00. Move to approve Feazel Roofing from Ft. Pierce, Florida to replace the roof at the Yacht Club with a 5V metal roof for $10,660.00. HOME OE PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Hurricane-Related Repair to Agenda No. 0 5. C ~..~ Sebastian Municipal Golf Course Department Origin: Golf Cours~_~ Approved for Submittal by: City Manager Purchasing/Contracting: Finance Director. ~/-,~-~'~--.--~- City A~°rney: ~ City Clerk: Date SubdUed: Februa~ 16, 2005 For Agenda of: February 23, 2005 E~ibits: Change order from Capp Custom Builders Inc. E~ENDITU~ ~QUI~D: ~OUNT BUDGETED: APPROP~ON $20,541.67 $~a ~QUI~D: Wansfer from golf course cont~gen~, w~ch was set-aside in 1'~ qua~er budget amendment as a result of insurance reimbursement. SUMMARY After Hmricane Frances, several Sebastian Municipal Golf Course facilities (clubhouse/restaurant, water station, starter station, storage station, cart barn, on-course restroom, and maintenance barn) were damaged. Contractors including Capp Custom Builders Inc., Randy Hines Construction Inc., and Chilberg Construction were immediately requested to assess and quote on the damaged facilities. For repair of all facilities previously mentioned, the low bidder was Capp Custom Builders, Inc., which quoted a total amount of $80,332. Of course, after Hurricane Jeanne, more damage to some of the previously mentioned facilities occurred. One of the main facilities damaged in Jearme was the back hine restroom. Since Capp Custom Builders was on site to repair the front nine restroom, it was only feasible and efficient to begin and complete work to the back nine restroom, with labor and mater/als already available to repair the front nine restroom. As seen on the Change Order quote from Capp Custom Builders, Inc., more damage to the clubhouse, the main being additional shingles, were needed to complete reconstruction of the clubhouse. All repair work charges will be compensated by the City of Sebastian's insurance policy. A total amount of $171,399 has been allotted to the Golf Course from the City's insurance policy. Presently, repaiz has totaled $80,332, but with the change order total amount of $20,541.67, golf course repairs are still well under the total allotted amount of $171,399. RECOMMENDED ACTION Move to approve change order in the amount of 520,541.67 to Capp Custom Builders, Inc. for additional repair work created by Hurricane Jeanne. ~ ..... CAPP CUST@M BUILDERS, INC. 109 Harbor Point Dr. Sebastian, FL 32958 Phone (561) 589-3452 Fax (561) 589-3131 Janua~ 31,2005 City of Sebastian Attn: Greg Gardner Re: Changes / Additions / Upgrades Changes / Additions / Upgrades to Date January 30, 2005 Back Nine Restrooms (Due to Jeanne) Front Nine Toilets Back Nine Toilets Repair Water Pump Widng Shingle East & North Mansard on Clubhouse (Due to Jeanne) Drywall & Paint in Ladies Room and Hall (Due to Jeanne) Speakers (7) 40 yr. Shingle Upgrade Engineering for Restrooms ($1100.00) N/C ($8OO.OO) N/C New Ductwork in Restaurant Old Section Due to Mold Additional Cart Barn Damage (Due to Jeanne) 13,680.00 284.92 284.92 138.00 3,816.43 437.50 459.90 1,440.00 (TBD) Respectfully Submitted, Michael P. Capp CGC037323 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Appropriate funds for construction of a building to house the Central Garage generator & installation of same. Approved for Submittal by: Agenda No. ~)5. O(e~, Department Origin: Public J~V~rks Pablic Works Oirector:? , General Services Administrator: Finance Director: .C~:~-~---t-'==r~ City Clerk: ~ City Attorney: ~/_ ~ Date Submitted: February 14, 2005 For Agenda of: February 23, 2005 Exhibits: EXPENDITURE REQUIRED: $35,000 AMOUNT BUDGETED: None APPROPRIATION REQUIRED: $35,000 FUNDING SOURCE: Capital Project Savings ,SUMMARY After the remodeling of the Police Station, the emergency generator, which no longer was needed, was removed and taken to the City Garage. The generator will be used by the Garage during storm events such as we had this past year to allow for continuous operations as well as any power outages, etc. During the recent storm events, the City Garage used a small powered generator, which d/d not allow for more than one thing to be powered at a time. This generator will mn the entire City Garage Facility and allow for a much more efficient operation during emergencies. It is imperative that the Garage be able to function fully during power outages, therefore, we are requesting that the monies be allocated to cover the cost of the construction, of a building to house the generator, and installation of the generator, such as the one that houses the generators at the Police Station and City Hall. After funds appropriation approval, approphate procurement procedures will take place to implement the work. RECOMMENDED ACTION Move to approve the appropriation of funds for the construction of a generator room, generator installation costs at the City Garage, from Capital Projects Savings in~ amount not to exceed $35,000. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Portable Radios Approved for Submittal by: City Manager Agenda No. C;' 5, Cf' ~ -~ Department 0 rigin~ Chief of Police: General Serv~Administrator: Finance Director~ Ci~I!Y Att°rney= C~ty Clerk: Date Submitted: February 4, 2005 For Agenda of: February 23, 2005 Exhibits: Price Quote. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION Detective Division- $8,044.17 $7,500.00 REQUIRED: $544.17 SUMMARY In October 23,2001, the Slate of Florida entered into a twenty (20) year contract (State Contract No. 725-001-01-1 administered by the State Technology Office) with M/A-COM Wireless Systems, Inc. to develop and implement a Statewide Law Enforcement Radio System 800 MHz. The contract allows all local governments to purchase, at the contract prices, product lines and accessories that will operate in the statewide system. M/A-COM Wireless Systems, Inc. indicates that orders to acquire their products have to be made through Communications International, Inc. nf Vero Beach, their local Manufacturing Representative. Due to the age and maintenance of existing radios it is necessary- to continue to replace them. A replacement schedule each year will replace the current inventory. The existing radios are becoming outdated and are being replaced with modem lighter units. Technology is ever changing and the purchase of these radios will bring us up to date with the most current radios. RECOMMENDED ACTION Move to approve the allocation of $544.17 from the Capital Surveillance Equipment reducing it from $2000.00 to $1455.83, thus allowing for the expenditure of $8,044.17 for the purchase of three (3) radios from Communications International, Inc. MMUNICATIONS INTERNATIONAL, INC' Indian River County. FL - Comorate Headnuarters 4450 US Highway 1, Vero Beach, FL 32967 772-569-5355 Toll Free: 1-888-275-4244 Brevnrd Count% FI, ~ Marlanna. FL Princeton~ NC TaHahassee. FL 321-636-9885 954-967-4349 850-482-3107 919-936-9937 850-575-5604 Collier CounO/, FI, Lvnchbur~. VA Miami~ FL Tamna, FL ~ 941-430-3892 434-845-3170 305-885-1585 813-887-1888 386-761-9999 Name: Sebastian Police Department Attention: Greg Witt Address: 1201 Main Street Phone: 772-473-2400 City, State: Sebastian, FL Fax: Zip: 32958 Date: February 2, 2005 1 3 H'T'7150S81X P7150 800Mhz Scan Unencrypted $1,365.00 $4,095.00 2 3 HTED EDACS Trunklng Operation $821.25 $2,463.75 3 3 HTPL3R Feature 800 System Group $153.75 $461.25 4 3 EXCs06MD Antenna $15,00 $45.00 5 3 CII-JAC--XHC Battery $75;0(] $225.00 6 3 HTHC7P Belt Clip $12.00 $36.00 7 3 HTCH9E Rapid Charger $90,00 $270.00 8 3 Programming $25.00 $75.00 9 3 V2-10155 Otto Speaker Microphone with straight cord, $124.39 $373; 17 volume control, earphone jack, emergency button, and antenna connector Note Purchase Order To: COMMUNICATIONS INT'L, INC. Ship )lng & Handling Sub Tote] $8,044.17 4450 US Highway I Sales Ta) Vero Beach, FL 32967 TOTA $8,044.17 Fax: 772-567-2~;~p Deposii All warranties are manufactures' warranties Balance Due $8,044.17 All orders are subject to shipping & handling charges and will be added to the Invoice Presented by ~ Maureen Capp Proposal #[ MC020205SPD l Title /'"~ [~'l I District Sales Manager Pdcas in effect fc~ I W ~/ A, ccepted By ~.~,,~.,~ 30 DAYS City of Sebastian, Florida OFFICE OF THE crr ATTORlqE ¥ AGENDA TRANSMITTAL Agenda No. (,,,).( Subject: Alcohol sales in proximity to churches/schools; CRAC recommendation & Chamber comment Date Submitted: 2/17/05 For Agenda off 2/23/05 SUMMARY: At the workshop of February 10, 2005, Council asked that the Community Redevelopment Advisory Committee examine the issue of modifying the existing restrictions on the sale of alcohol in proximity to schools and churches; particularly in relation to legithnate restaurant establishments. A draft ordinance prepared from ideas presented at the workshop was provided to the CRAC at its February 14th meeting, which was discussed and modified. Enclosed is the proposed code provision as recommended by the Committee. Excerpts from the CRAC minutes are attached. The comments of the Chamber of Commerce, which were also solicited by Council, are enclosed as well. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: CHAMBER OF COMMERCE February 15, 2005 Mayor Nathan McCollum City of Sebastian 1225 Main Stteet Sebastian, Florida 32958 Re: Proposed Changes to Ordinance Relating to Sales of Liquor Dear Mayor MeColinm: The referenced subject matter has been before the City Council over the last several weeks, and during those discussions you have requested that the Sebastian River Area Chamber of Commerce come forth with a position on the matter. The content of this letter was presented to the CRA at it's meeting on Feb. 14, 2005. Our Board of Directors unanimously supported the positions stated below, as did the Commllnity Redevelopment Advisory Committee. "We all wear many hats in representing our community. In our discussion tonight we need to have our CRA hat on. It is our responsibility to advise the City Council only on the issues that affect the CRA and the issue needs to be considered in a business like fashion It is not necessary to debate the merits of drinking a glass of wine with steak orthe sanctity of any church in this forum. The CRA was created as a result of the Riveffront Study Committee, in May, 1991. The residents and citizens of Sebastian made their intentions very cleat. The City's policy ~_~emem in the Comprehensive Plan cited the need to propose a plan tlmt would enhance the identity and vitality of the riverftont while also maintaining its enviromemal quality and historical character. In the master plan, which was created ten years ago, it states the purpose of the CRA is ~o create, or sustain a viable economic base providing amenities for the well being of its citizens. It is designed to grow the tax base, and to supplement the City's budget with revenues f~om sources other than property taxes. These dollars are si~maificant. Prope2y taxes ouly represent 17.23% of the city's total revenues. Other revenues include the discretionary Sales Tax, which represents $2,250,000 In 2004/2005 or 10.35%. The discretionary sales tax, a tax on all retail sales in our community, including restanrauts, is 700 MAIN STREET [] SEBASTIAN, FL 32958,4199 PHONE: (772) 589-5969 I~ FAX: {772) 589-5993 wxJ~v.sebastiancharnber, eom e-mail to - infrx~fiset~astianchamber, com paying for the capital improvements of the City including the new city admimsl~ation aud police dept complex. Additionally, the local option gas tax, collected when people drive into Sebastian and stop at the gas station, represents 3.5% of the City's budget, approximately $ 750,000 this year for road maintenance and repairs. And the local half cent sales tax, again collected from businesses in our community, represents close to $1,500,000 which is 5.6% of the revenue deposited directly into the general fund, there by reducing the property taxes in our community. The TDC fund collects from hotels, it's the heads on beds tax, and is used, in part to pay for capital improvement projects in the county. Hotels need the support o£1ocal restaurants to feed their guests. All of these taxes represent rewnue collected to benefit the residents of Sebastian. The chamber represents close to six hundred businesses, and approximately 5,000 employers and employees, who work and live in the Sebastian area. They pay taxes, send their children to school, con~ibute to the quality of life in the area, and dine out occasionally. Our mission statement specifically states that we support the development of business in our community', we work towards the promotion of tourism and we collaborate on quality oflife issues in or community. The CRA encompasses approximately 11,000 linear feet within its boundaries. Within those boundaries the master plan encourages such projects as are before us tonight. The existing ord/nance, as it stands, would eliminate over 900 feet, for the Baptist Church, representing approximately 8% of the area to be developed, rehabilitated or otherwise enhanced. It would be in'esponsible to take a negative position on a steak house w/*hln our CRA boundaries, we will be sending the wrong message to future business development and closing the doors to opportunities that would benefit the entire commun/ty. No comprom/se on the issue has been offered, and we must find a way to accommodate a small businessman who has come forward with a project that would contribute to the overall benefit ofthe community. There has been no evidence presented, nor a showing of facts or figures that would demonstrate a negative impact to the community by allowing beer and w/ne to be sold from a steak house restaurant. 2 I would suggest one of two proposals, either the CRA Advisory Board propose the complete elimination of the ordinance within the CRA boundaries, or alternatively, reduce the arbitrary. figure of 450 feet to 200 feet within the CRA boundaries." Although there appeared that there might be support for the elimination of the ordinance in its entirety, the CRA ultimately agreed that the proposed changes, as crafted by the City Attorney, to the ordinance would provide compromise, yet address the issues in a positive The Sebastian River Area Chamber of Commerce respectfully requests that the City Council approve the changes to the ordinance, as approved by the CRA. Thank you for your consideration on this matter. Very.truly yours, · Beth L. Mitchell Executive Director CC: Sebastian City Cotmcilmembers 3 COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2005 Ms. King read the motion approved at the August 30, 2004 meeting, which earmarked funds to be used for a gateway enhancement project but no specific project was ever approved. There was discussion about what Mr. Billero may intend to do with the portion of the triangle he owns and Ms. King said to date no formal application has been submitted for review. Mr. Stringer offered to get in touch with Mr. Billero and discuss the possibility of a joint project and will report back to the commission at the Mamh meeting. Mr. Neglia arrived at 6:10 p.m. and took his seat, Chmn. Dill asked Ms. King to bring copies of the CR-512 Charette to the next meeting, especially the portions that focus on the triangle area. DISCUSSION OF SEPARATION REQUIREMENTS BETWEEN CHURCHES AND ESTABLISHMENTS SELLING ALCOHOL Mr. Stringer explained that the rules have changed when it comes to churches as a land use. Churches cannot be zoned out of any district. He added considering the emphasis on the future of the riverfront district with entertainment, restaurants, etc, it could prove to be a sedous situation within the commercial waterfront zoning district with a couple of well-placed store front churches. State law has changed greatly since Sebastian passed its ordinance. Mr. Stringer explained the draft ordinance Section 10-1 (attached). He removed the reference to the Flodda Statute 561.1 and added in section (c) the term "church" as well as sections (e) and (f). Ms. Mitchell commented that Mayor McCollum wanted the Chamber of Commerce to comment on this issue and she read a document (see attached) referencing the history of the CRA District, revenues generated by the district and support for the proposed changes to the ordinance as presented by Mr. Stringer. Ms, Kautenberg said development of healthy, profitable businesses is extremely ~"~ important to the CRA District. Ms. Jamar commended staff.on offering a viable compromise for this situation and asked how was the 200 Ft. setback determined. Mr. Stringer said after discussion it was felt that 200 Ft. would not be next door to a typical commercial sized lot and this would give a 400 Ft, diameter across the church. Mr. Dill inquired if there would be any merit to add the term school to those that are in existence now. Mr. Stringer explained that there really aren't any sites suitable for a school around our commercial districts. He added that a definition of schools could be included. Mr. Stringer suggested adding the term ~school" after the word "church" in the added portion of the ordinance under (c). Mr,Gilliams asked if the reference to beer and wine excluded distilled spidts and mentioned that there are beverages considered wine but have high alcohol content. Mr. Stringer said he would research the state beverage code with regard to that issue. MOTION made by Mitchell/Graham to recommend city council approve, the proposed ordinance as written with the amendment to add "school" after the word "church" in the added section of 10-1 (c) and to look into the alcoholic content of the wine. A voice vote was taken. Motion passed 8 in favor "1 abstention. Mr. Stdnger noted for the record that Ms. Bruno abstained from the vote. ORDINANCE NO. O-05-** AN ORDINANCE OF TIqF. CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 10-1 CONCERNING SALE OF ALCOHOL WITHIN PROXIMITY OF SCHOOLS AND CHURCI-IES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City has adopted a Comprehensive Growth Management Plan, a Community Redevelopment Plan, and other policies governing future development and redevelopment in the City; and WHEREAS, the ability of local governments to regulate the placement of churches and schools has been increasingly restricted by state and federal laws; and WHEREAS, restaurants are acknowledged as a focal point for redevelopment and economic development efforts; and WHEREAS, the lack of control over the location of these school and church facilities, in conjunction with restrictions on the sale of alcoholic beverages in proximity to such facilities, hinders the ability of the City to plan and control redevelopment and economic development; and WHEREAS, a limited modification of these restrictions will protect the public interest while allowing such desirable redevelopment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That section 10-1 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 10-1. Sales of liquor near churches and schools restricted. (a) It shall bc unlawful for any person to sell alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. (b) No permit or license shall be issued which allows the sale of alcoholic beverages to occur from any building or establishment which is located within a distance of 450 feet from any church or school. (c) The term "alcoholic beverages," as used in this section shall be taken to include the words "distilled spirits" and shall extend to and include all spirituous beverages created by distillation and by mixture of distilled beverages by what is commonly termed blending, and shall include beer, malt beverages or wine, as defined in the state beverage law. ~ e e ~, n~ ..... ~ The term "church" or "school" as used in this section shall have its commonly-understood meanino, but shall be limited to those establi~hment~ existing as of January 1. 2005. meeting in a free-standing building in a single use site min/mum size of one acre. (d) The restxictions contained in this section shall not apply to a person or establishment holding a current and valid permit or license to sell alcoholic beverages in the city from its present location. (el Notwithstandin~ the restrictions of this section, restaurants with a minimum seating canacitv of fifty (50~ in which the sale of alcoholic beverages constitute le~ than half of ~ross revenues shall be allowed to serve wine (but not "fortified wine" as defined in Florida Statutes] and beer if located more than 200 feet from a church or school. (f} Measurements under this section shall be made in a stmiv2at line from the main entrance of the vendor's building to the man entrance of the church buildinc~ or to the nearest ~ronertv l~e for schools. Section 2. CONFLICT. All code provisions in conflict herewith are repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City 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 4. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor. Vice-Mayor Couneilmember Councilmember Couneilraember The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,2005. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, CityA~omey City of Sebastian, Florida Subject: Sale/Abandonment of Two (2) City Right-of-Way Parcels to Robert Collins Development Project. Approved for Submittal by: City Manager Jim Davis Agenda No. Ci~ 5, '~" Department Origin: Growth Management'"~ Purchasing/Contracting: Finance Director: City Attorney:. City Clerk: Date Submitted: February 16, 2005 For Agenda of: February 23, 2005 Exhibits: R-05-07 Location Map, Site. EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None APPROPRIATION REQUIRED: None SUMMARY As previously presented to the City Council via issuance of the City Manager's January 7, 2005 Information Letter, Mr. Robert Collins has entered into negotiations with City staff with respect to possible acquisition of City owned road right-of-way. Typically, abandonment of road right-of-way occurs when there is a demonstrated lack of need and/or purpose for public utilization of said right-of- way. In the case of the subject paper streets, the City Engineering Department (as detailed below), Growth Management Department and City Managers Office agree that no significant public purpose exists and the subject right-of-way will be better served by returning the subject parcels to private ownership, therefore, regaining taxable value. Seeing the potential for a sale of the subject right-of- way, City staff entered negotiations with Mr. Collins' representatives in hopes that such negotiations would result in a mutually beneficial arrangement. However, the City Attorney (see attached email) has determined that the property in question cannot be sold to private interest, yet the City reserves the right to abandon the road right-of-way subject to the following conclusions: 1. No current use of the right-of-way beneficial to the public interest exists; 2. No projected future use or re-use &the right-of-way beneficial to public interest exists; 3. No adverse impacts on public services caused by the proposed vacation now or in the future can be identified; and 4. No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject right-of-way can be identified. Negotiations originally included the abandonment of Palm Avenue, which was subsequently removed from the proposal. However, the applicant has a renewed interest in the abandonmegt of Palm Avenue, and pending positive results of this hearing, a furore hearing will be scheduled to determine,Jhe--~, feasibili~ of abandoning Palm Avenue adjacent to the Florida East Coast Railroad ROW. ~ City Engineer Dave Fisher provided the following conclusion: Further to a meeting in the office of City Manager Terrence Moore on Tuesday, 4 Jan 05, and a subsequent review meeting with the Engineer of Record Aaron Bowles for the subject project on Wednesday, 5 Jan 05, this is to advise and confn'm: The City of Sebastian Engineering Department has no objection to the City selling the three ROW parcels ("A", "B", and "C" as designated by the Armfield & Wagner appraisal #37294 of July 2004) to the prospective Robert Collins Development Project subject to the ongoing and continuing provision of utility easements related to those parcels. It is understood the City's sale of the subject ROW parcels is for the purpose of achieving a higher and better use in conjunction with the prospective development of the subject overall project and that this "Statement of No Objection" is based in part on the premise these parcels will be integrated into the project and not kept or made separate for further resale to others. · This "Statement of No Objection" does not, in any way, provide or imply any site plan approval (partial or otherwise) for the subject project. RECOMMENDED ACTION Hold a public hearing and move to adopt Resolution R-05-07. RESOLUTION NO. R-05-07 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PORTION OF PLATTED RIGHTS-OF-WAY FOR l0th STREET (MADISON STREET) AND 11~:n STREET (JACKSON STREET); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Robert R. Collins has filed an application for the abandonment of portions of the platted fights-of-my for 10th Street and llth Street, now known as Madison SWeet and Jackson Slreet respectively, lying west of U.S. Highway 1 in the area south of Wal-Mart; and WHEREAS, staff analysis finds that no significant public purpose exists for the use of said rights-of-way, and the public interest would best be served by returning the property to the tax rolls; and WHEREAS, the City Council has conducted a public heating on the matter following due and proper notice; NOW TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section I. FINDINGS. The City Council makes the following findings: (1) No current use of the right-of-way beneficial to the public interest exists; (2) No projected future use or re-use of the right-of-way beneficial to the public interest exists; O) No adverse impacts on public services caused by the proposed vacation now or in the future can be identified; and (4) No adveme impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject right-of-way can be identified. Section 2. RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right-of-way for l0th Street (Madison Street) and 1 lth Street (Jackson Street) dedicated in the Amended Plat of Ocean Breeze Heights Subdivision as described in the attached composite Exhibit "A". Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is Invalid, unconstitutional or results in a taking of private property, the remainder of the resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said Invalid, confiscatory or unconstitutional provision, thereby musing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This resolution shall become effective upon adoption. The foregoing resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier The Mayor thereupon declared this Ordinance duly passed and adopted this 23ra day of February, 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney I I I I i I I I 1 I 1 I I I SKETCH OF LEGAL DESCRIPTION Exhibit 'M " Sketch of Legal DescrqJtion Jb r l l th Street Right-of-Way Abandonment Indian River County, Florida Sheet .t of 2 ~ot Valtd Without All ~heets ~C~ 2 ~ DESCRIPTION: BEING A PORTION OF llth STREETAS DEPICTED ON THE AMENDED PLAT OF OCEAN BREEZE HEIGHTS ~IS SltOgVN ON TIlE PLA T THEREOF RECORDED IN PLA TBOOK 2, PAGE 9 OF THE PUBLIC RECO_IZD$ OF INDIAN RIVER COUNTY, FLORIDA, LOCATED WEST OF THE FOLLO I4~ING DESCRIBED LINE. BEGINNING AT TIlE NORTIIEAST CORNER OF LOT 9~ BLOCK 8 OF SAID A~fENDED PLA T OF OCEAN BREEZE HEIGHTS; THENCE N25°I3'I2"VFA DISTANCE OF 80.00 FEb.'T TO THE SOUTHEAST CORNER OF LOT JJ, BLOCK 7. NOTES: I) THE BEARING BASIS IS THE NORTH LINE OF BLOCK 8 AS DEPICTED ON THIS SKETCH AND LEGAL DESCRIPTION. 2) THIS SKETCH EXISTS SOLELY FOR TIIE PUR-PO;~ OF ILLUSTRATING TIIE LEGAL DESCIPTION TO ~4/HICII IT IS A TTA CHED. $) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERgYISE NOTED. 4) THIS SI~ETCH MEETS TIlE MINIMUM TECHNIC~ L STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SU_R VEl'ORS IN CHAPTER 61Gl 7-6, FLORIDA ADMIN[STA TIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA S TA IT. ITES. 1 of 4 9 Exhibit "A " Sketch of Legal Description for l I th Street Right-of- Way Abandonment Indian River County, Florida Sheet 2 of 2 Not P'alid ~Fithottt AH Sheet,v / \ r-.~ . -~ , %-,. 2 of 4 10 Exhibit "A " Sketch of Legal Description for 1 Otb Street Right-of- Way Abandonment lndian'River County, Florida Sheet 1 of 2 Not [/alid Without All Sheets DESC~P~ON: __ BEING A PORTION OF 10th STREET AS DEPICTED ON THE AMENDED PL~T OF OCEAN BREEZE HEIGHTS AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE9 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LOCA TED WEST OF THE FOLLOWING DESCRIBED LIN~; BEGINNING AT TIIE NORTHEAST CORNER OF LOT ¥, BLOCK 9, OF SAID AMENDED PLA T OF OCEAN BREEZE HEIGHTS, THENCE N25°JA'12'rFY A DIS~IVCE OF 80.00 FEET TO THE .VOUTHEAST CORNER OFLOT 19, BLOCK 8. NOTES: 0 THEBEARING. BASlS IS THIS' SOUTH LINE OF BLOCK 8 AS DEPICTED ON THIS SKETCH AND LEGAL DESCRIPTION. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING TIlE LEGAL DESCIPTION TO WHICH IT IS A TTA CHED. 3} ALL DIMENSIONS ARE CALCUI~4TED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SUR VEl'ORS IN CHAPTER 61Gl 7-6,1='FLORIDA ADMINISTA TIVE CODb.; PURSUANT TO SECTION 4 72.027, FLORIDA STATUTES. 3 of 4 11 Exhibit "A " Sketch of Legal Description for 1 Otb Street Right-of- Way Abandonment Indian River County, Florida Sheet 2 of 2 Not Valid V~Zithout.All Sheets 2o 4 of 4 ' r/AY. ?,~_883 10:49AM BLDG I)EPT SEBASTIAM MO.?O? P.8 Name: City of Sebastian Development Order Application owner, wrttten authoMz~tion Pl~one Number. ( 3;~1 } 1 h~s from Permit Appli~tion No. 32 ) Owner (If different from applicant,) Name: AddresS: Phone Number. ( ) -E-MaU: FAX Number. ( ) PLEASE C{3MPI.E3~ ONLY THOSE aECT1ON8 WHICH ARE N ECE,~.~ARY FOR ~E P~M~ OR A~ON ~T ~U ARE REOUE~NG. S~ BE INCLUOE0, A~H ~E ~PRQPRIA~ SUPP~M~ INFO~QN FORM. J~ Pmje~'s N~e (Eappll~ble); ~: alac~ UnE Indian River County Parcel Zoning Class~ltcaflon: ~ ~ Futura Land Use: Exts~ing Use: Proposed Use: ~. Description of propa~a~'activity and purpose ~the requested permit e~ action {attach ~.a sheets If [ ~ ~00~ ....... Pe~e ~ ~f3 Development ~qY, ?.a00a 10:49RM 9L9~ DE-PT SF_~ASTIRN MO.?O? Pon'nit Appli~l~on D. Project A~lent: A~ Phone Nu~e~ E-Mall: ,.,AttorneY: NanlO; Phone Number. ( ) FAX Number. ( ) E-Mail; E'nqineer: ' N~m~: Phone Nunlber. ( E-Mail: Surveyor: FAX Number, ( ) E-Mail: b"WORN TO AND SUB~;CRIBED 8~OI~E ME ~IB~FI~ON, ~lS ~ DAY OF -MAY. 7.~083 10:49AM BLD~ DEPTSKBASTIAM H0.707 P.4 PermEAppllcation NO. The following ia required for all oamprnheasiYe plan e, mendments~ zoning amendment (including rezoning), site plans, conditional u~e permits, special use permits~ variances, ex~nptions~ and appeals. I.,~/VE, v/ THE OWNER(S) -- 'rNE U~AL REPRE~ENTATIVE OF ~E QWN~ OF ~E PROP~ D~CRla~ ~ICH Is THE SU~ECT OF ~ APPUCA~ON, H~Y A~QR~ ~CH AND ~Y M~BER OF ~E B~R~I~ION OF ~E C~ OF S~N (~E 'BOAR~"~C~SSlQN~ TO P~I~LLY E~ U~ON ~E ANO ~ ~E PROPER~ IN tONe. ON W~ ~/OUR P~ING APPLICA~ON~ I/~ HE~RF. JtY WAR/~ ANY OBJECT[ON OR DEF'aJqBE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING PROM ANY RGRRD/COMMISBION MEMBER EN ~',~PJNG OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR .a~ERT[ON THAT MY/OUR PROCEDURAL OR SUBSTANTNE hUE PROCESS Rli3HTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATE~ CONSTTTUTION WERE V1OI.~.TF_r~ BY SUCH ENTERING OR VIEWING. THIs WAIVER AND CONEENT I$ BEING SIGNED BY ME/US VOLUNTARILY AND NOT A8 A RESULT OF ANY COERCION APPUED, OR PROMISE..q~J~J3E, BY ANY.~d~IPL~.'~, AGEHT, ~3NTRACTOR OR OFFICIAL OF THE CITY OF ~-~A&TIAN. $1GNATUR[ "' - - DA~'E Sworn to an~ su~scribec[ before me by ~o,~,~'~T ~-~z. cz-~*.g., Nota~s Sign.u~ ~~ ~ Pfl~ Name of Nota~ ~ /~y~ ~, ~ Comm~ion No~pimflon .... ~/~ ~a~ Seal: l~qY. ?.L:~03 10:49P~ ~ DI~T SE~ISTTI:qH H0,'707 Pam~lt .~ppllc~on No, Supplemental Information Streets, abandonment of ~ 1, Desc~be the street to be vacated (attacll a legal __ 2. Why is this abandonment of e street being request? 3, Is this street curt'ant being used? If so, describe the use: 4.^ttach a map ~howing the location of the street that the abandonment is being . requested. Approved: at~7/a7 ,R, evisi°n: Film IMme: Sbt. b 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 · FAX (772) 388-8248 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA PURSUANT TO SECTION 54-1-2.10(d) OF TFr~. LAND DEVELOPMENT CODE OF ~ CITY OF SEBASTIAN, T}tlg CITY COUNCIL ltAS SCFIEDULED A PUBLIC I~ARING IN TI:[~ CITY COUNCIL CltAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A REGULAR MEETING ON WEDNESDAY, FEBRUARY 23~, 2005, AT 7:00 P.M., TO CONSIDER ADOPTING RESOLUTION R-05-07 VACATING CERTAIN PORTIONS OF THE PUBLIC RIGIa~TS-OF-WAY OF MADISON STREET (10~'~ STREET) AND JACKSON STREET (1I'm STREET) AS DEPICTED ON TI:Il*. A1ViENDED PLAT OF OCEAN BREEZE Fn*.IGItTS AS SltOWN ON Tm~ PLAT Tm*,REOF RECORDED IN PLAT BOOK 2, PAGE 9 OF Tlt~ PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Tm~. REQUEST FOR ABANDONMENT IS FOR TIlE WESTERNMOST 318 FEET OF MADISON STREET AND ~ WESTERNMOST 241 FEET OF JACKSON STREET. ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMONY WITH RESPECT TO TI-IE PROPOSED RESOLUTION. ALL RECORDS, PLANS AND LEGAL DESCRIPTION OF THE PROPERTY AP,_E AVAILABLE FOR REVIEW IN THE GROWTH MANAGEMENT DEPARTMENT AT CITY HALL, 1225 MAIN STREET, MONDAY THROUGH FRIDAY, 8 A.M. TO 4:30 P~M. ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTI1VIONY AND EVIDENCE UPON WI-IICH THE APPEAL IS BASED. IN COMPLIANCE WITH ~ AMERICANS WITH DISABILITI:ES ACT (AD.~/), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR TillS IVI~ETING SHOULD CONTACT TH~ crI'Y"S ADA C~ O~ '::.,E 0F CiTY HOME 01: PELICAN ISLAND '~225 MAIN STREET * SEBASTIAN, FLORIDA 32958 TELEPHONB: (772) 589-5330 ,' FAX (772) 589-5570 LEGAL OPINION From: Rich Stringer, City Attorney'(.~ Date: January 11, 2005 Re: Proposed ROW sale to Collins Development I am rendering this opinion in the matter addressed in the attached string of e-mails. I was not aware of these discussions until receipt of the January 5, 2005 e-mail from the City Engineer. Since the last e-mail, I have received plats found by Growth Management during the requested research. The subject rights-of-way originated from a single plat. As dedicated platted rights-of- way, they may not be sold or conveyed by the City. If the City finds that it will not have use for these rights-of-way (as indeed appears the case with dead-end parcels adjacent to the raikoad), the land may be returned to private ownership by way of statutory abandonment procedm'es. While abandonment cannot be undertaken for monetary compensation, the theory is that the public good is served by returning the unneeded land to the successors of the original owners so that the land may once again generate tax revenue for the public. The exact division of the land after abandonment is provided by law. While I do not warranty ownership after abandonment, it appears that Collins would receive the ROW for everything except the half portion of Jackson Street that abuts the lots 11 and 12, which are owned by Wal- Mart. Although the railroad property abuts part of the "Palm Avenue" ROW, since the dedication of this roadway came fi.om a plat separate from the raikoad property, it would not be returned in whole to the platted lot owner instead of being divided. While it is unfortunate that Collins unnecessarily commissioned an appraisal, the landowner would be entitled to the land for the cost of an abandonment application, which is significantly less than $115,000. There should be too many misgivings with that; I just wish I had been brought in on this at the beginning. cc: Mayor and Counci~ City Manager City Clerk City Engineer Growth Management Dixector "An Equal Opportunity Employer" Celet~rating Our 75th Anmversary DEP Agreement Number: Shellfish Aquaculture and Aquatic Preserves Environmental Education CHARLES H. BRONSON Commissioner of Agriculture The Capitol Tallahassee, Florida 32399 Telephone: 850-488-3022 Fax: 850-922-4936 Applicant R. Sherman Wilhelm, Director Division of Aquaculture Dept. of Agdculture and Consumer Services Applicant Partner Katherine Andrews, Director Coastal and Aquatic Managed Areas Dept. of Environmental Protection Proiect Contact and Manager Paul Zajicek Division of Aquaculture Department of Agriculture and Consumer Services 1203 Governors Square Blvd, Fifth Floor Tallahassee, Florida 32301 Telephone: 850-488-4033 Fax: 850-410-0893 E-mail: zaiicep(~doacs.state.fl.us We have conducted preliminary consultations with appropriate federal, state, re~onal and local agencies and the agencies did not identify any apparent conflicts with applicable permit requirements, the property on which construction activities will take place is publicly owned, and permission has been granted for the activities we propose. Counties: Brevard, Charlotte, Lee and Indian River. R."'. Sherman ~Vllhe'~fi~rector Division of Aquaculture November 12, 2004 05,06 q Project Description Floridians are generally familiar with and support shellfish aquaculture and the Aquatic Preserve program. However, Floridians are unlikely to know many of the specific economic or environmental benefits generated by either of these activities or their locations in the state. As a joint project the divisions of Aquaculture and Coastal and Aquatic Managed Areas propose to design, construct and install three attractive, full color, and fully illustrated educational sign exhibits in proximity to aquaculture lease areas that are within three different Aquatic Preserves: Gasparilla Sound, Pine Island Sound and Indian River. The goal and outcome of this project will satisfy CZMA section 306A(c)(2)(E). This project will build upon a pilot effort by the divisions. An educational sign exhibit has been designed, constructed and installed at Alligator Harbor Aquatic Preserve. This recently installed exhibit, located on US 98 at the St. Joe boat ramp, has exceeded expectations in generating favorable public comment and was not damaged by hurricanes Bonnie, Frances or Ivan. The Division of Aquaculture will design, construct and install .the exhibit and the aquaculture oriented sign panels. The Coastal and Aquatic Managed Areas Program will design and construct an Aquatic Preserve sign panel and assist in the location and installation of the exhibits. Locations will be selected with two criteria in mind: 1) adjacent to public boat ramps or public access, 2) few to no competing educational exhibits. Fiberglass embedment panels are extremely durable with a design life of 10 years. Exhibit locations are proposed for Pineland Florida in conj unction with the University of Florida's Randell Research Center, Department of Environmental Protection's Boca Grande State Park, and the City of Sebastian's boat ramp on the Indian River. Dr. John Worth, Director, Randell Research Center has tentatively agreed to an exhibit and permission is being sought from Reginald Norman, Manager, Boca Grande State Park and John Baird, City Manager, Sebastian, Florida. Project costs are estimated to be: nine fiberglass embedment panels (36" x 60") - $13,140, three exhibit frames and roofs - $2,750, travel/per diem for Division staff- $2,000, and staff salary and benefits - $22,996. Total project cost: $41,746. Project Objectives and Related Tasks and Deliverables 1. Panel Design and Construction Select panel X vendor Design/Construct Panels X Panel Delivery X 2. Exhibit design and subcomponent construction Design X Materials X purchased Subcomponent X construction 3. Exhibit Delivery and Installation Exhibit installation X Gasparilla Sound Exhibit installation Pine X Island Exhibit installation X Indian River Final report X Attached is a series of images depicting the installation of the Alligator Harbor exhibit and three maps of the Gasparilla Sound, Pine Island Sound and Indian River Aquatic Preserves that include potential locations for three proposed exhibits (marked with a star). Tentative locations are Boca Grande State Park (Gasparilla Sound), Pineland (Pine Island Sound) and Sebastian city marina (Indian River). Each panel will include the following statement, "Funding for this project provided in part by the Florida Coastal Management Program, Florida Department of Environmental Protection, by the Coastal Zone Management Act of 1972, as amended, Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce." Logos for the agencies (CMP, NOAA, My Florida, DEP, and DACS) and programs will be included adjacent to this statement. 15 2~ 14 27 10 i 15 Indian River - Malabar to Vero Beach Aquatic Preserve 2 1 6 24 19 20 26 25 30 29 2~ 31 32 33 1S ~_ 5 4 [] reva rd 13 22,23 T 632 28 33 7 8 9 Indi 18 17 C 19 20 2 30 29 26 34 35 3 2 10 11 27 26 31 32 33 Aquatic Preserve Buffer Preserve City limits 4 0 4 4 0 4 12 7 13 18 24 25 12 7 13 18 16 15 24 19 21 22 25 8 Kilometers N 8 Miles CAMA Map '~. ~ Created October, 2001 '~o ~ Projection Albers Datum N~AD HPGN ~j~ .~ Aquatic Preserve boundary created by: ~ Florida Marine Reseamh Institute ,..~"~ Buffer Preserve boundary created by: Office of Coastal and Aquatic Managed Areas Both boundaries verified by: Office of Coastal and Aquatic Managed Areas s ~ Brevar~ Indian Rivei~=