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Home My WebLink About10262005 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 26, 2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER NEGLIA 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 05.080 A. Certificate of Appreciation to Louise Kautenberg for Community Redevelopment Advisory Committee Service 05.019 B. Certificate of Appreciation to Adrina Davis for [Temporary] Environmental Advisory Committee Service 05.208 1 C. Proclamation - 2006 Relay for Life - Purple Thursdays - Jamie Lunsford, North Indian River County Relay for Life Chair Accepting 05.209 3 05.210 5 D. E. Proclamation - National Philanthropy Day - November 15, 2005 Proclamation - National Hospice Month - November 2005 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of Cily Council so requests; in which event, the item will be removed and acted upon separately. 7-18 A. 05.211 19-25 B. 05.212 27-28 C. 05.213 29-35 Approval of Minutes - Regular Meeting 10/12/05 Approve Piggy-back Purchase of 2006 One Ton Chevy Silverado 4 x 4 from Alan Jay Chevrolet Cadillac, Inc. in the Amount of $33,914 in Accordance with Terms of Florida Sheriffs Assoc. Bid Award 04-12-0823 (Public Works Transmittal 10114/05, Quote, Announcement) Approve Piggy-back Purchase of Scag Zero Turn Turf Tiger 52" Mower from Florida Outdoor Equipment, Inc. in the Amount of $7,626.40 in Accordance with Terms of Florida State Contract #515-630-03-1 (Public Works Transmittal 10/14/05, Quote) D. Approve Purchase of Toro Infield Pro 5020 with Rahn Infield Groomer Attachment from Wesco Turf Supply in the Amount of $13,318.00 in Accordance with Terms of Florida State Contract #515-630-03-1 (Public Works Transmittal 10/12/05, Quote, Info) 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.214 37-44 A. Police Retirement Pension Board (City Clerk Transmittal 10/17/05, FS185.05, Applications, Board Member List, Ad) i. Interview Unless Waived, Fill Two Civilian Positions to Expire 10/112007 9. PUBLIC HEARING Procedures for public hearings (R-05-26) . Mayor opens hearing . Attorney reads ordinance or resolution . Staff presentation . Public input . Staff summation . Mayor closes hearing . Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name 05.186 A. Second Reading and Adoption Hearing - Ordinance No. 0-05-19 Eminent Domain (under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO LIMIT THE ABILITY OF CITY TO UTILIZE EMINENT DOMAIN FOR ECONOMIC DEVELOPMENT PROJECTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR EFFECTIVE DATE. 2 05.193 45-56 B. Appeal to Planning and Zoning Commission - Gables at Sebastian Site Plan (City Attorney Transmittal 9/26/05, Hauck Letter, GMD Staff Report) 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within /he previous six months which is not otherwise on the agenda 11. OLD BUSINESS 05.215 A. Discussion of Community Redevelopment Advisory Committee (no backup) 12. NEW BUSINESS 05.216 A. PO Net Agreement (under separate cover) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Neglia B. Mayor McCollum C. Mr. Burkeen D. Ms. Coy E. Ms. Monier 17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBA TIM 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 COORDINA TOR AT 589-5330 ATLEAST 48 HOURS IN ADVANCE OF THIS MEETING. Uocomina Meetinas: November 16, 2005 - 7:00 p.m. - Regular Council December 14, 2005 - 7:00 p.m. - Reguier Council 3 ~I:~.~'t ~ .,-- ~ . ~----~'_"'~~:,,' ---~-] - - un _ ~ HOME OF PELICAN ISLAND PROCLAMATION NORTH INDIAN RIVER COUNTY RELAY FOR LIFE PURPLE THURSDAY WHEREAS, on April 21 and 22nd , the Indian River Unit of the American Cancer Society will hold the 5th Annual North Indian River County Relay for Life at the Sebastian River High School; and WHEREAS, Relay for Life is a unique, fun-filled, overnight team event to increase cancer awareness in the community while raising much needed funds for the American Cancer Society's fight against cancer; and WHEREAS, the survivors' victory lap not only helps cancer survivors bond in a common cause, but also helps the entire community see that cancer survivorship is real-that we are winning the battle and for the first time in history, cancer mortality rates have begun to decline; and WHEREAS, the Luminaria Ceremony held just after sunset gives all of us an opportunity to celebrate our loved ones who have survived their battle with cancer or to honor those who will ever remain in our hearts after losing the battle. The American Cancer Society is the nationwide, community based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer through research, education, advocacy and service. WHEREAS, long before the last walkers approach the finish line, new friends have been made, old friends have been hugged and all hearts have been touched by the magic of Relay for Life; and NOW, THEREFORE, I, Nathan B. McCollum, Mayor, on behalf of the City Council of the City of Sebastian do hereby declare and proclaim each Wednesday from now until the event "PURPLE THURSDAY" in anticipation of Relay for Life in North Indian River County, and urge all residents to display and wear purple to make others aware of the coming event and the need for participation. Further I urge the public to come out and support this overnight event and join in on the fun-filled activities at the Sebastian River High School beginning at 6 pm on Friday, April 21,2005. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 26th day of October 2005. CD Nathan B. McCollum Mayor , "' . ", :"~' ,-,,' \__~A',;,:"_,,:,,~,,, ';,' '.; -'.:','--:'-'..':" --,_ J'- ,:,;-. ,- -', : , """'_ -~, --:'-,'- ''-V,::'-'",-,'-, ..- :\- -:.: .-<?f. _ -_, ".' :-:."';;J,"~,_,_---<':'-i~;:<' ,'. :~-'; ._,_, " _'. '-~ W!iEREAS, philanthropicorganiiaticms ate reSponsible for enhahi::ihg the,q,uplityof life of people; and -. . ~ - '" < - ,- - - - .... - -,- ' " ',' -. . ". '-- '" - -, .- .' ' -, - . ~ - ."' ^ _..- ,. '''~':''''_" ".,. .r _, _',_.._A, ' ~. r.' '. . . ,,' HOME 0'P'~HIC;::AN IStAND .,' ,-;:-i~,::'~i:.\':':::.._-:: .: :.':--+'_' _:_" __::,_. .' '-""_ ,_', _ ,'-:'>~-, :: ',;,_ :"__, _'-_'::~ _,._,,-.. ,_<.;-. ',' "';_ _,:_,~,,,,:-',:,'i-_ _;~,:--:~,<~-,',,"': ,_ "__: ';': - ;'__'~,,",'_' WHEIJEAS, ilhilarithrppy isa ul)iquelyAmeriCan tradition and our Am.eiicari' nOflProfitsector is the model for cQijntriesaround the world; and '. . "'" . ,.,',,,," '. ':;':--;,',',;,',':,~,?':;i":,"",:' ':""" :'"""--':,-:':,,,.- ,,"'::" ,", ,J:" __' ". ,::"'i:":"""::",,,<:,,, """,""',)::":",:',:--. ',o,.-'N,,: ".'" : <,",::"'-',,'7 . . W}i,~RE(S; the history of AmeriCan philanthropy is filled wiSh the n,airi~s. of, t1ie.ear!iest Amertqms, .and theireff9rt5.'~~~whed .universities, free public libraries, home fo(w.ido'v.{s and6rphans, arill volcmteer fire departtl)~h't;i,}:~n:rl)eaf~~;anp ,'. '. ',: .:':' >";,..,,' .' . .'. . WH.ER~~S>in :20Q4, Ani~rkans cbntributeeJ iriorethan$24Qoiliionio X .f(liIliQfl d;aritie_sregi~tered witH thelnt~~i1~h~eYe~ueSelVice; arid' , ',' " . ,__,__" ';'"" \',_, ;. ,",-' _' "';'" ',/:,.';,::';',::" , ", ,; c_ , \> ,/,~:'~>;.;,2;:~"i;i,:~,,;,.." ,--:,:',',':' ",'L:: ',', : _,<",' ,'~, ", '-,,' ''''',' , ':;::,' , ", ,,--L\<__,,:;/,~}: ~)_;/'.:',:: ,"~~,--,~<,;/.:, ,:,;~;: .,~,{;)s-"'-, """'-_ ,:' ,~-- -' ':, :",' , ';Y-,," , '.' .WltEIlEASi. in. 2004,.A:mericans corihibutedmore than' 16.bi1li6n \vohJhtee~; hburs' .to.:nohprofit organiza:tio~s':'a~i:j;(: .' '., .:" : ';>. -::. .:C: .':' '. '.. ," ,', ~.-' ",," -,:,-,;:,~~:~~!",., ,. -- >'," ' , -- ;, :' "'" -, ,:;..:,c'<' ,;,:,'-';:~,: ~,;,:l~>-:,;,,::-,: , ,','--~'--, .,:,,'.>"__ ;" "."-" ''',' "" :__,: 'n" :,'t':", ->, ","", ",-1,':', ,-:'..,':',,<,:.~,," :,-;'/ ":,:;,,,";--;":""~':\/:':"'::":- "-"-.f:' : ""':",:" ,- ",--:,:,,',,' '-:',", ,:' ,:,- :WflEit~,l\merica's non'p~ofit sector noWa~coun~ for~early iOperc.:lpt of:t~~AmeriCanworkforce; . and. :~",:' ,<;,:.; '. '.',' , ." '. ...~..", '. ..... .; " .' , ,', "'" <' ',','[":-' ~;.~~:\~;::'( :,. ,::' ;'.-', ;--,,'=: ';;. , < , j, ;' ..;,' ~ :~,/':<~':" ,,"-- ,', ,:', ;' " ",:,;.-,,<:,~<.~:/ \ ',;,J':', ' " " .,<;,'~,'~,-';):::~:':':":':';;<;,~':;';_'", ":, "~', '.,:,.:,;',~:':~::{:,~,;:,'::L.'>:' :' '.: '~."/ >:::. .:' _ ':. ',',: ,,:: . ~~!;~~,~S,.tdday .thE! . nonprofit sector affllsts, nei3rl~ ey.ery'clti~E!.n. i!;l: ~l;l~:w~Y9r.::pQQ~~r!frol)1 . museun1fai1~'concerts,: SChool~~p'pn?Ored day frijJs;)\:1e'li\!le leagUe!\,i3nd,cjtherg~obps,that~enrich our youth,' tosdda.lSl'!fViF~~,~:~e.ni:(eStbat prbV!de f09d,cldtfiiKg,.housingand tiai~irig, forth.ose l~ssfoiUJiC!t~. " ", .' :':', ~:':>:,~,j~" ,>:',~:::::',>',')::,:,:':", ~,' ",--, ,,' --.:, '" "'"," , " ,,": :.-', .',,'. .""',' '--"':"', ,,', ,,:, <'." ,,:', ':',' __':.--' ,;,.':' ',:',' ",'v,,-": ", '. .~>,: ;' -, ,,,"__ __'.-, ',"',', ~~~j TI:tE~I;FORE; I,. Natha'n . B. ~ccoil~111r; ~ayor Qf .tqe~ity qf'~~as,tif~/d~~erTbY pf9flaim Nov~~bE!r '15;;, ~9p~tope ~ation~1 Phllant.hroRY. Day.ln Sebastian, ard. U!ge all. c'tite9~.~0. r~~ognlze, tqe tradltiQl); of. pijllC!nthropy .as It cpntmues to Improve and enhance'tbe Iiv.es of, all. .I;n PIPmpting the' common. g'oQd: . "".'< ':';,\.' .' '. .... ..' . .'.' "..:". ' : .' ," ',' ,"" ' "" , ~ ' ~ ,','-' ,", ;' , , ' , . IlIiWIT~ESS WijEREOF, I bave hereunto set my hand and caused the seal bf: the .City of Sebastian, , - -, " ":';' '. " '- , .. "~ ":, ' ' "', ,,', ' .r ., , ,,' ,': -:.', , . , ' . ','" ' , .' __ , " ' ' , ',- , ,,' ", --,' ,n' ',' , " ;, ,_' , ':' Florida, to be~ffixedthis 15th daY of November 20Q5. '. . '. .. . . . '.. . .' Nathan B. McCollum, Mayor '0 ,"' ,''- '" ",_,,, ','. (j) OJY OF ~ HOME OF PELICAN ISLAND \P'" i. ',/" National Hospice Month - November 2005 It's About How You LIVE: Learn, Implement, Voice and Engage to improve care at the end of life WHEREAS, hospice and palliative care provide patients and families the highest quality pain management and symptom control, caregiver training and assistance and emotional and spiritual support, allowing patients to live fully up until their final moments, surrounded and supported by loved ones, friends and committed caregivers; and WHEREAS, last year, more than one million Americans living with a life-limiting illness, and their families, received care from the 3,300 hospice and palliative care programs in communities throughout the United States, and more than 850 Indian River County patients and families were cared for by VNA Hospice of Indian River County; and WHEREAS, VNA Hospice's professional and compassionate staff and trained volunteersnincluding a medical director, nurses, social workers, therapists, counselors, health aides and c1ergy--provide comprehensive care making the wishes of each patient a priority; and WHEREAS, providing high-quality hospice and palliative care reaffirms VNA Hospice's belief in the essential dignity of every person, regardless of age, health or social status, and that every stage of human life deserves to be treated with the utmost respect and care; and WHEREAS, VNA Hospice of Indian River County encourages all people to learn more about options of end-of-Iife care and to share their wishes with family, loved ones and their health care professionals. NOW THEREFORE, I, Nathan B. McCollum, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby proclaim the month of November 2005 as National Hospice Month and encourage the support and participation of all citizens in learning more about hospice and palliative care services in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 26th day of October 2005. Nathan B. McCollum, Mayor @ ~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 12, 2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice- Mayor Burkeen called the regular meeting to order at 7:00 p.m. 2. Council Member Monier led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia City Council Absent Mayor Nathan McCollum (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Jason Milewski Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth City Engineer, David Fisher Storrnwater Engineer, Ken Jones MIS Systems Analyst, Barbara Brooke 5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) Vice Mayor Burkeen requested, on behalf of the City Manager, the withdrawal of item 7B Barber Street Realignment, and removal of item 7F Indian River County School Board 5 Year Capital Projects Plan under Mr. Burkeen's matters. The City Attorney requested item 7C Sponsorship of Gautier Mississippi be moved to his matters at the end of the agenda. The City Manager explained that item 7B needs more homework and time to answer some questions pending about the proposed project. 6) Regular City Council Meeting October 12, 2006 Page Two On MOTION by Ms. Monier and SECOND by Ms. Coy the items the agenda was revised as requested on a voice vote all carried. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 05.080 A. Certificate to Ed Seelev for Community Redevelopment Advisorv Committee Service Vice Mayor Burkeen read the certificate for Ed Seeley, however, Mr. Seeley was not present. 05.013 B. Certificate to Harold Faille for F'lannino & Zonino Commission Service Vice Mayor Burkeen read and presented the certificate to Harold Faille. 05.181 1-12 C. Champion Tree Proclamations (Proclamations. memo, instructions, forms) Vice Mayor Burkeen read the Champion Tree proclamations for Mildred and John Shearer, Ann Dann, Joyce and David Therrien, and Linda and David Landsberg, and stated the proclamations will be presented to the recipients by Mayor McCollum on October 22,2005 at the Champion Tree Clinic at City Hall (see Champion Tree forms in agenda packet). On MOTION by Ms. Coy, and SECOND by Mr. Neglia the proclamations as read were approved on a voice vote of 4-0. 7. CONTINUATION OF UNFINISHED BUSINESS FROM SEPTEMBER 28.2005 MEETING 05.135 13-32 A. First ReadinQ of Ordinance No. 0-05-18 Tree and LandscapinQ Set Public Hearino for 1012€l!Q511/16/05 (City Attornev Transmittal 9/21/05, 0-05-18, P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XIV TREE PROTECTION AND LANDSCAPING; TRANSFERRING TREE BOARD PROVISIONS TO CHAPTER TWO; AMENDING LAND DEVEOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-18 by title; and gave a brief history of development of this amendment before City Council; and responded to questions from several Council members regarding amendments, responsibility for removal of undesirable plants by either the property owner or developer depending on the situation, and definition of historic trees being a tree of cultural significance, noting the only one in Sebastian at this time is the Hardee Oak. CD Regular City Council Meeting 2 October 12, 2006 Page Three Discussion took place on proposed language previously requested by Ms. Coy prohibiting clearing during city hall off hours. The City Attorney said he could include this language for the second reading. Ms. Coy requested language that would allow police officers to impose cease and desist orders easily to clearing during off hours; and language to require subdivisions to buffer appropriately to protect established residential neighborhoods. The City Attorney advised that this language should be in the subdivision section and not here, said he did not think there were any large areas left in the City limits for subdivisions, but said he would check to make sure there are no existing loopholes. Ms. Coy noted a typo in Section 18 where it reads "four 10 inches" and the City Attorney said he would check it; and Ms. Coy recommended an easier method for circumference calculation than having to calculate it as set out in the Code currently by starting with diameter. Damian Gilliams, 713 Layport Drive, Sebastian, asked if this amendment would affect his pending site plan. The City Attorney said a tree removal process is separate from site plan approval, and that approval of a site plan does not guarantee approval of a tree removal permit. He stated that current provisions allow a certified arborist to certify the need for removal and this had been accomplished; and further recommended that the City Council and not the Manager should make the final determination. It was agreed that Council can always iook at his at a later time. Bruce Moia, said developers are required to provide a tree survey, which is approved by Planning and Zoning Commission, and questioned the third step in the process as discussed here. Pat Beckwith, member of Temporary Environmental Advisory Committee and speaking as a citizen, said she would like to see included plants listed as invasive by the Exotic Pest Plan Council and Institute of Food and Agricultural Sciences with the University of Florida; and recommended that the ordinance be strengthened to include penalties to prevent clear cutting. The City Attorney said the current penalty is $250 per tree, but if there was something truly over the top it could be handled in a court action. Ms. Coy said she would think on this for the second reading. On MOTION by Ms. Monier, and SECOND by Mr. Neglia, Ordinance No. 0-05-18 was passed on first reading with the amended changes and set for public hearing on November 16,2005 on a roll call vote of 4-0. cD Regular City Council Meeting 3 October 12, 2006 Page Four 05.197 33-52 B. Approve Work Authorization #1 Under City Master Aqreement for Professional Services with Schulke. Bittle & Stoddard. LLC for Desiqn and Permittinq of Realiqnment of Barber Street in Amount Not to Exceed $45,000 and Appropriate Funds from Road Proiect Savinqs (City Enqineer Transmittal 9/22/05, Work Authorization #1) This item was withdrawn from the agenda under Agenda Modifications. 05.198 C. City Attorney Matters - Sponsorship of Gautier, MS (no backup) This item was moved to City Attorney matters at the end of the agenda. 05.199 D. City Manaqer Matters - Spam Protection Software (no backup) The City Manager reported that the software has been purchased and is in place. 05.200 05.202 E. City Manaqer Matters - Hybrid Cars (no backup) The City Manager discussed recommendations for use of hybrid vehicles by Council Member Neglia and said he had been contacted by Dr. Brooks who he introduced and who addressed Council on the need for alternative fuel sources, citing hydrogen as a promising new fuel source, described its function, and suggested Council look at this rather than hybrids. Mr. Neglia said his concern is now and the City has the ability has the ability to purchase hybrids now. He said he brought this issue up three months ago and wants a report back about what we can do now. He said the City could trade in the vehicles it has now for hybrids. F. Vice Mayor Burkeen - Indian River County School Board 5 Year Capital Proiects Plan This item was removed from the agenda under Agenda Modifications. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items uniess a member of City Council so requests; in which event, the item will be removed and acted upon separateiy. 53-63 A. 05.166 B. 65 05.100 C. 67-71 (3 Approval of Minutes - Regular Meeting 9/28/05 Holiday Parade Street Closures for December 3, 2005 (Recreation Transmittal 10/5/05) Approve Request to Reimburse Florida Municipal Health Trust in the Amount of $19,131.04 - Outstanding Balance of Insurance Deductible for FLC File No. 2004051365 (Finance Transmittal, FLC Request) 4 Regular City Council Meeting October 12, 2006 Page Five 05.203 D. Approve Laserfiche Software Purchases in the Amount of $7,995 for Weblink and $6,600 for SQL Server (City Clerk & Bldg. Dept. Transmittal 1 0/5/05, Proposal) Mr. Neglia removed item A; and the City Attorney removed item C. On MOTION by Ms. Coy and SECOND by Ms. Monier items Band D were approved on a roll call vote of 4-0. Item A Mr. Neglia said he had made comments regarding the Gables. (Upon review of the tape, it was found that Mr. Neglia had asked Mr. Schulke about ditch maintenance along Columbus, and Mr. Schulke said they would be maintaining it; questioned water flowing from lake to lake shown on a plan, but Mr. Schulke said sheet 4A of the plan shows an interim condition for construction and when completed there will be interconnection of lakes with two outfalls, and further explained the drainage system) Mr. Neglia said he also made comments about the proposed Chamber of Commerce lease amendments and wanted them in the minutes as well. (Upon review of the tape, it was found that Mr. Neglia said he thought the porch was to be just on the east side, and Ms. Mitchell said Mr. Capp would like to have porches wrapping on all sides except the south side and Mr. Neglia asked if they would place rocking chairs on the west side porch on US 1. Mr. Neglia then asked Ms. Mitchell if she would be able to obtain funds from the Marine Resources Council and Ms. Mitchell responded ''potentially yes) On MOTION by Mr. Neglia and Ms. Monier item A was approved as amended on a voice vote of 4-0. ItemC The City Attorney requested removal of this item for further investigation of Florida Municipal Trust settlements. On MOTION by Ms. Coy and SECOND by Mr. Neglia item C was deferred until brought back by the City Attorney on a voice vote of 4-0. 9. COMMITTEE REPORTSIRECOMMENDATIONS 05.090 75-82 A. Parks & Recreation Advisory Committee (City Clerk Transmittal 9/26/05, Application, Ad, Member List) i. Waive Zone Residency Requirement - Interview, Unless Waived, and Submit Nomination to Fill: a. Second At-Large Member Position to Replace Zone C to Expire ~1ros LV 5 Regular City Council Meeting October 12, 2006 Page Six 05.013 83-103 05.080 o Mr. Kagan was present but declined interview. Mr. Kagan was nominated, and being no other applicants, he was appointed to the second at-large position to replace zone C to expire 5/31/2008. B. Planninq & Zoninq Commission One Position (City Clerk Transmittal 10/3/05, Code, Applications, Member List, Ad) i. Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member Position to Expire 6/1/2007 City Council interviewed John Oakes. Mr. Simmons was not present. The City Clerk noted for the record that Hank Buchanan was not able to attend due to illness but was interested in the position; and that Mr. Valentine had withdrawn his application. Mr. Neglia nominated alternate member John Oakes to the regular position, and being no other nominations, Mr. Oakes was appointed to the regular member position. The City Clerk advised that appointing an alternate to the regular member position allowed City Council to fill the alternate position at this meeting in accordance with the Code. Fill Alternate Position Mr. Coy nominated Hank Buchanan to fill the alternate position. Being no other nominations, Mr. Buchanan was appointed to the alternate position. The City Clerk noted for the record that Mr. Buchanan was automatically removed from Code Enforcement Board by virtue of his appointment to Planning and Zoning in accordance with the Code. C. Communitv Redevelopment Advisorv Committee i. Ratify Patti Jamar as Council Member Monier's Appointee (no backup) Mr. Burkeen stated for the record that Ms. Monier was appointing Patti Jamar as her appointee on the Community Redevelopment Advisory Committee until March 2006. 10. PUBLIC HEARING - None 11. 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 Trish Adams requested clarification that she would have an opportunity at a later date to discuss removed item 7B when it is brought back. Vice Mayor Burkeen said it will be put back on a future agenda and she would have the opportunity. 6 Regular City Council Meeting October 12,2006 Page Seven Russ Owen, asked for volunteers for the Clambake Festival dunk tank. 12. OLD BUSINESS 05.032 105-119 A. Resolution No. R-05-37 Ashburv Subdivision Final Plat Postponed from 9/14/05 (GMD Transmittal. R-05-37, Application, Revised Construction Cost Estimate for Bond. Amended Declaration of Covenants and Restrictions. Final Plat - Please Use Plat from 9/14/05 AQenda Packet) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The Growth Management Manager presented the application, noting the bond has been provided to cover estimated cost of final stages, that a separate bond for sidewalks was provided; that the Powerline Road Developers Agreement was approved on September 14, 2005, and that previously no separate landscaping cost estimate was provided, therefore, they have revised the cost estimate and it is now less than what it was one month ago because of work that has been completed since meetings occurred with the developer so the net result is that the existing bond covers the construction costs. She cited agreements reached in meetings since the September 14, 2005 as follows: . Change in declarations regarding buffer area requirement for lots 82 - 87 due to the fact that that area has no vegetation currently the developer will provide the required 90% opaque buffer . One foot berm reference - City and developer acknowledge that the purpose is not for landscaping but to direct the water into the subdivision rather than outside . 25 foot landscape buffer along subdivision perimeter provision to retain native vegetation and plant additional vegetation - developer has agreed to provide as noted on the original construction plans and scrap the three foot berm which was later proposed Ms. Monier expressed her appreciation to the developers for what they have provided. Mr. Neglia asked if the one foot of berm to control water is enough and the Growth Management Manager responded the berm won't be seen but will serve its purpose to direct the normal flow. Ms. Coy read a letter into the record (see attached) requesting specific assurances, and stated she would approve the final plat if the issues are agreed to by the developer. Robert Robb, 575 South Wickham Road, West Melbourne, said he concurred with all the issues expressed by staff and Ms. Coy. On MOTION by Ms. Monier and SECOND by Mr. Neglia, Resolution No. R-05-37 Ashbury Subdivision Final Plat was adopted on a roll call vote of 4-0. @ 7 Regular City Council Meeting October 12, 2006 Page Eight 13. NEW BUSINESS 05.204 121-130 05.204 131-148 (2) A. First Readinq of Ordinance No. 0-05-20 Annexation 3.3 Acre Site NWof CR 512 and CR 510 Intersection - S & S Enterprises, Inc./FLP #2, LLC Set Public Hearinq for 11/16/05 (GMD Transmittal. 0-05-20. Letter of Request. Location Map. Chapter 171.044. Survev) AN ORDINANCE OF THE CiTY OF SEBASTIAN. FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSiSTING OF 3.3 ACRES, MORE OR LESS, NORTH OF STATE ROAD 512 AND SOUTH OF THE TRANS-FLORIDA-CENTRAL RAILROAD BEING A PART OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-20 by title, and noted the title should read "County" rather than "State" Road 512 and will be changed for the advertisement and the second reading. The Zoning Technician presented the application on behalf of staff and recommended approval. Bruce Moia, representing the applicant, presented the application. Mr. Burkeen asked about any pending right-of-way acquisition for CR 512 widening and Mr. Moia said negotiations were underway. Mr. Neglia asked if the reference to the property being to the "east" of a recently annexed property should read "west" but it was explained to him that Sebastian Crossings, annexed last year, is in fact west of this subject property. On MOTION by Ms. Monier and SECOND by Mr. Neglia, Ordinance No. 0-05-20 was passed on first reading and public hearing scheduled for November 16, 2005 on a roll call vote of 4-0. Vice Mayor Burkeen called recess at 8:30 p.m. and reconvened the meeting at 8:40 p.m. All members present at roll call were present when the meeting was reconvened. B. First Readinq of Ordinance No. 0-05-21 - Small Scale Comprehensive Land Use Plan Amendment 3.3 Acre Site NW of CR 512 and CR 510 Intersection S & S Enterprises. Inc./FLP #2. LLC Set Public Hearinq for 11/16/05 (GMD Transmittal. 0-05-21. Location Map, Staff Report. P & Z Recommendation. Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 8 Regular City Council Meeting October 12, 2006 Page Nine The City Attorney read Ordinance No. 0-05-21 by title. The Zoning Technician presented the request for land use plan amendment and recommended approval of General Commercial land use; and noted this 3.3 acres is considered small scale and will not require DCA review. Bruce Moia, requested approval. On MOTION by Mr. Neglia and SECOND by Ms. Monier, Ordinance No. 0-05-21 was passed on first reading and public hearing scheduled for November 16, 2005 on a roll call vote of 4-0. 05.204 149-165 C. First Readinq of Ordinance No. 0-05-22 - Rezoninq - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection- S & S Enterprises. Inc.lFLP #2, LLC - Set Public Hearinq for 11/16/05 (GMD Transmittal. 0-05-22, Location Map. Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS LIMITED COMMERCIAL (CL) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-22 by title. The Zoning Technician presented the request for rezoning designation of commercial general and recommended approval. On MOTION by Ms. Coy and SECOND by Ms. Monier, Ordinance No. 0-05-22 was passed on first reading and publiC hearing scheduled for November 16, 2005 on a roll call vote of 4-0. 05.201 167-191 D. Authorize Contract Award to Conlon Landscapinq for Riqht-of-Wav and Swale/Ditch Mowinq Services for Bid Amount (City Manaqer Transmittal) The City Manager presented the request and recommended approval. Louise Kautenberg, encouraged Council to accept the bid. The City Manager said the contractor and he have goals to get the swale and ditch cutting done as soon as possible. Each member of Council expressed their pleasure with this task being taken care of. On MOTION by Mr. Neglia and SECOND by Ms. Coy, the Conlon Landscaping Ditch and Right-of-Way Swale Mowing Services Agreement was approved and execution thereof authorized as presented by staff on a roll call vote of 4-0. @ 9 Regular City Council Meeting October 12, 2006 Page Ten 05.205 193.211 E. Work Authorization #2 for LPA Group, Inc. to Provide Professional Services for Construction of Fuel Tanks and Wash Rack and Development of Spill Prevention Control and Countermeasures Plan in the Amount of $47,219 (Airport Transmittal 9/21/05, LPA Proposal. work authorization #2) The Airport Director presented the request. John Van Antwerp, 5225 94th Lane, Sebastian, expressed concern about the City being in the gasoline sales business, noting there are vendors at the airport who do this, and it is not right to compete with them. TAPE 11- SIDE I (9:10p.m.) Mr. Van Antwerp continued his presentation. The Airport Director said both Sebastian Aero and J & S Aviation averaged about 20,000 gallons per year. Ms. Coy said local pilots have told her that they are begging for this service because they are flying to other areas because prices are exorbitant here; and asked the City Attorney about ongoing litigation, and the City Attorney said it is ongoing. She advised we not continue with any further discussions. The Airport Director said FBO's are fixed base operators and clarified that Sebastian Aero Services is an FBO and does not pay taxes. The City Manager said a government entity selling fuel is nothing new, and it is his intent to make the Airport Enterprise fund self-sustaining. It was later clarified that the FBO's do pay taxes. Mr. Neglia asked about the possibility of auto gas which couid be provided to City vehicles. The Airport Director said there are planes that are being run on auto fuel. On MOTION by Ms. Monier and SECOND by Ms. Coy, work authorization #2 for LPA contract dated 6/15/04 to provide professional services to construct self-serve fuel tanks and an aircraft washrack and develop a spill prevention control and countermeasures plan in the amount of $47,219 was approved on a roll call vote of 4-0. 14. CITY ATTORNEY MATTERS 05.198 A. City Attornev Matters - Sponsorship of Gautier, MS (no backup) The City Attorney said he had been in touch with Gautier, that the City Clerk had provided a listing from Florida League of Cities, which lists Gautier as a city in need. o 10 Regular City Council Meeting October 12, 2006 Page Eleven The City Attorney said the planned concert on the spoil island is illegal in so many ways because the islands are public land under the Department of Environmental Protection and that he was working with them to obtain the proper permits. 15. CITY MANAGER MATTERS 05.206 A. Riverview Park Expansion, Phase III (Finance Transmittal 10/5/05, DrawinQ) The City Manager updated Council on the expansion program, citing a diagram of the improvements provided to Council and said he was open to any direction from them. Ms. Monier said she would like to keep the entire area for open parking, and did not want to see any amenities. The City Manager said the bandshell can be a CRA expense, or purchased with recreation impact funds or DST funds can be used. Ms. Monier suggested moving the restrooms to the east side of Indian River Drive. Ms. Coy suggested moving the restrooms further east but not on the east side. Mr. Neglia said maybe the restrooms would be better moved east but then might interfere with the memorial, the pump on the east side is not shown and perhaps the splash pad and restrooms should be moved to provide better parking where they are currently shown. The City Manager said he is requesting conceptual approval of the splash pad, restrooms, gazebo and observation decks and some miscellaneous walkways for now; and that approval as to specific locations and formal approval of the items because all are over $5,000 for these items can be brought back for further discussion and approval. Mr. Neglia suggested that the splashpad and restrooms be moved over to behind the Cain house it would open the proposed area for parking. It was again noted that this is only concurrence with the concept of the placement of these items at this time and locations will be decided at a later time. 213-214 05.207 B. Authorize City ManaQer to Pursue Grant for InteQrated Pest ManaQement from University of Florida Institute of AQriculture Sciences The City Manager said the Environmental Committee would like the City to sponsor a grant application with them and recommended approval. 16. CITY CLERK MATTERS A. The City Clerk announced the Chamber of Commerce the Concert in the Park on Thursday, October 13th with Bobby G and the Blisters from 5:30 pm to 8 pm. @ 11 Regular City Council Meeting October 12, 2006 Page Twelve 17. CITY COUNCIL MATTERS A. Mr. Nealia Mr. Neglia said there are no speed limit signs on Indian River Drive within the City limits, though there is a penalty sign. The City Attorney said any municipal streets not posted are automatically 30 mph under Florida law. The City Manager said he would get with the Chief. Mr. Neglia said there are no signs in the parks prohibiting dogs. Mr. Neglia asked for an ordinance to require owners of unimproved lots to cut back vegetation where the lots abut improved lots. The City Attorney said such language has been attempted in the past and is usually found to be challenged by environmentalists or unenforceable before it is adopted. He said the standard around the state is that once something is platted it is to be maintained. He said if Council wants to look at it again we have numerous drafts that can be looked at; and he will bring back old drafts for Council to review. Ms. Coy said maybe removal of exotics can be looked at. B. Ms. Monier Ms. Monier expressed concern about people fighting contractor fraud for hurricane damage repair and advised neighbors to be patient with one another. The City Manager said people having problems with unlicensed contractors need to work with the Building Department andlor seek legal counsel. C. Mayor McCollum Absent. D. Mr. Burkeen None. E. Ms. COy Ms. Coy reported that a trailer had been removed as contracted out by the City and thanked everyone involved. The City Attorney said Clambake events such as Chowder Cook-off, Wacky Raft race. VOlleyball tournament, are free to participants and invited the public to join in; and said booth spaces are available for non-profits related to the environment. 18. Being no further business, Vice Mayor Burkeen adjourned the regular meeting at 10:00 p.m. Approved at the October 26,2005 Reguiar City Council Meeting. ATTEST: Sally A. Maio, MMC - City Clerk Nathan B. McCollum, Mayor @ 12 HOMf. Of PELICAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Submittal by: AgeudaNo. 05. ;).11 ~:::~:::: ~:~~~.:~pu c~or,; vp I Finance Director: ~-= ~ City Attorney: C7 _ ... City Clerk: ~ Subject: Purchase of 1 ton 2006 Chevy Silverado 3500 4x4 Date Submitted: 10/14/05 For Agenda of: 10/26/05 Exhibits: Alan Jay Chevrolet Cadillac, Inc Price Quotation, and Florida Sheriffs Association Bid Award Announcement APPROPRIATION REQUlRED: N/A AMOUNT BUDGETED: $35,000. FUNDING SOURCE: N/A EXPENDITURE REQUIRED: $33,914.00 SUMMARY The budget adopted by City Council for the new fiscal year includes the acquisition of a 1- ton 4 x 4 utility truck for the Roads and Maintenance Division of the Public Works Department. The truck selected is a Chevrolet Silverado 3500. Since the City has three Chevrolet Silverado 3500 utility trucks, the same make and model was selected to continue the fleet standardization program and avoid the need to order and maintain additional parts. Hybrid options were considered but are not available in this size vehicle. The City can purchase this truck piggybacking the Florida Sheriffs Association, Florida Association of Counties & Florida Fire Chiefs' Association Bid. Alan Jay Chevrolet Cadillac, Inc. is the dealer awarded the contract, for the above bid, to sell this truck in Florida. See attached quote from Alan Jay Chevrolet Cadillac, Inc. in the amount of $33,914.00. RECOMMENDED ACTION Move to approve piggy-back purchase of a 1 ton 2006 Chevy Si1verado 4X 4 from Alan Jay Chevrolet Cadillac, Inc. in the amount of $33,914 in accordance with the terms and conditions of the Florida Sheriffs Association, Florida Association of Counties & Florida Fire Chiefs' Association Bid Award Announcement 04-12-0823. @ ALAN JAY CORPORATE 863 402 4221 10/06 '05 12:56 NO.120 01/01 --:f!l1A1f 1I!'YAut';il~~tive-itletwork Call Us fir$( ,for all of your Fleet Automotive, & l.igllt Tru",k nuds. PHONE (800) AlANJAY (252-1;529) 2003 U.S. 27 South S"bring, FL 33870 Direct 863-40l!'4234 , p.~, WWWALANJAY.COM P.O. BOX 9200 Sebring, FL 331171-9200 863..J81-3411 Fax !l630402-4221 QUICK QUOTE SHEET FOR VEHICLES FROM STATE CONTRACT & FLOlUDA SHERIFF'S ASSOCIATION BID DATE 6-0ct-05 PAGE 1 01 1 REQUESTING AGENCY: CITY OF SEBASTIAN CONTACT PERSON: PHONE NUMBER: FAX NUMBER: PETE socq 772.589-.295 772-SIl9-6880 2006 MODeL YEAR FSA BID II 0-"12.(1&23 lrttp:flwww.lIstteriifS.org CK3'6l1ll3 SPECIFICATION # 30 2008 C/./M Sll. VERADO 3500. CHASSIS CAB 4)(4 BASE DISTRICT PRICE: MODEL: OPTION # 6132DJ 36403 , DESCRIPTION sm 1.1'. SERVICE BODY 84" Cab to Axle to accommodate 11' body 6'.6t 1lVRAMAI< 61bSl::L I ",ttl1:,''bN'"A'tl 'v BAC.K (jJ'$AUlRM CLASS tV WEIGHT CARRYING TOW TOW PINTLE; COMBO ELECTRIC BRAke COl'lTROLLER SPRAY ON BEDUNER SPRAY fop OF BoXES 90 WATT 4 CORN!;R STR08ES LOC!<Il..jG R~R DIFFERENtIAl. AAIN SHIELDS . 3oodwoili PWR INVERTER lhsi~a!l with li~11!P re-setablee~cult breaker in curbs/a" compartineht of utility bOdy ciosest1o cab. HD dUAL 77Cleca BATTER1ES Furnish and il'istallWeaiher Guard ~t"el's"rvlce Body RaQk TOTAL OF OPTIONS: EXTENDED WARRANTY: TOTAL COST: LBZ SUA CL4WC PTl ESC S.O.B. SOB -fB CSP!lO GaO Its. VEC051C TQ3 WG 122:5 Comments: @ AlAN JAY CHEVROLET CAOllLAC, INC. FElD #S5-0Z11<41l4 VEHICLE QUOTED BY: Chris Wilson, Fleet Manager 863.402-4234 "I WMt fo be Your Fleef Providel" OireCIColiMct 1 SiI'41460'14 ctlris.witSQI]@.alAll'iav.com $23,696.00 COST $5,9I!5.00 $105.00 iNt,'1:.----~:.- $96.'m> $475.00 $45.00 $211.9.00 $549.00 $1,25.00 $415.00 INCl . $~5.09 $~B5.00 ~"i,~,_ I~CL $1,296,00 $10,218.00 $0.00 $~,'l4,01I . - OCT-Oo-2005(THUJ 11,50 [Iasslc Fleet (FRX)d07 298 8458 CII1 ~sic CHEVROLE T (Fleet nnd Commercinl) PO Sox 1720 Winter Park, Fl. 32790 Page($} : '11 VEHICLE CONTRACT QUOTE (FSA CONTRAcr BID # 04-12-0823) rolIed 0.... t1rro"l:" 91300006 AtlanUon: Mr. Pete So~c1 Ageney: City of Sebastian Phone #: m.589-1295 Fax #: m.5B9-6BBO Dato : 1 0lB12005 Sase Model: Chevrolet Silverndo 1Ton 4wd Region: Central Spec# : 30 Base Unit Price: $ 19,349.00 Qpllon Code Description 2006 MOdel Chev Snverado 1 Ton 4wd CIC Re!lUlar Cab: IncludB$: 6.0L Vll engIne: Auloma~c Trans: DRW: Ale: Power Sleerln~: AM.FM rndlo: Heaw DulY Vinyl 11001'; Ud $lip dIn: 40120/40 $plit bench seat Duramax diesel wi Allison Transmission 64" cab to axle Fun lenlJlh ladder rack Slandanll1'servlce body Spay..,n liner (central portiOn of$CfVica bOdy) Rack-It ladder rack Electric brake ConlJoller Tow pkg (HDwl claoaV boll on Ivbll1ll. boll mount WI 2" bOil. pmll. hook mounr & 7 pal. liar pin plu" Backup alarm 4 Comer Strobe$ 3000 walt power Inverter Installed curbside Unit Price LLY 84CA LADD SVCBDY SPRYSOY RACK ESe TOW V $6.855.00 $ 105.00 $ 989.00 $ 6.276.00 $ 565.00 $ 895.00 $ 310.00 $ 625.00 BUA STRB 3000W $ 125.00 $ 515.00 $1.935.00 Total ofOpdon$: $ $19,215.00 Total Unit Quote:$ 38.564.00 Commenls: Quot.d By: Pe..r Popiel Phone #: (407)296-1535 eXl.270 Cell #: (407) 221-7600 Fax # : (407) 2911-6170 E-mell : Ppopleli!llasnmall.com P 001/001 @ PM l-"LORIDA ,"~:5<JUAlh.l~'ll ,DUNTIES )\lr /\oottt Hundt! FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 2006 CHEVROLET SILVERADO 3500 Specification #30 (1 Ton Cab & Chassis, 4 x 4) The Chevrolet Silverado 3500 cab and chassis (CK36003) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle speciflcation(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: BASE PRICE: Western $23,831.00 Northern $23,696.00 Central $23,696.00 Southern $23,696,00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identifY and Include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The followtng equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehlcle(s) you wish to order through this program. Simply deduct the cost of any of the followtng equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers In your zone at the stated prices. @ LEGEND FOR DELETE/ADD OPTIONS Everylinewillrequire aDOLLAR VALUE or one of the follOWing abbreviations: Std. ::: manufacturer's standard equip. Incl. = included with base specs. NC = no additional charge NA :: not applicable to the vehicle :: option not bid by vendor Bid Award Announcement [04-12-0823 ROLLOVER) 825 VEmCLE: DEALER: ZONE: BASE PRICE: Order Code LQ4 Ll8 MW3 2YK C42 25903 G80 NQZ Order Code 5B5 K34 XYL NZZ EBC 8X5 UBO 36053 35943 CS 61320 61080 CLIVWC BUA BUC ISA 3K RS AJI 826 Silverado 3500 Alan Jay Chev. Western $23.83l.00 Silverado 3500 Alan Jay Chev. Northern $23.696.00 Silverado 3500 Alan Jay Chev. Central $23.696.00 Delete Options Provide standard gas V8. engine, standard alternator and battery, in lieu of Diesel Engine Provide big block gas V8/VIO engine, nlinimum. standard alternator and battery. in lieu of Diesel Engine Provide 5-speed manual transmission with overdrive. in lieu of automatic overdrive Full size spare tire & rim AIr conditioning Single rear wheels, 9900 lb. GVWR AM/FM radio Limited slip differential on 4-wheel drive Rear fuel tank Add Options Power windows/door locks Speed control/tilt wheel Daytime running lights Sllding rear window All terrain tread tires Skid plates Electric brake controller Dual alternators Idle control Dual fuel tanks AM/FM radio with single CD Extended cab Crew cab Cab steps II ft. extended service body (requires 84" CA) Standard service body - wide body for dual rear wheels equal to Knapheide, Reading, Omaha, or Morrison with correct mirrors. May be dealer installed. (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendoL) Trailer towing package. to include heavy-duty flashers. wiring for trailer plug (7 prong round). and class N, frame mounted trailer hitch with 2" square removable receiver I" shank with 2" ball. May be dealer installed. Backup alarm Back up camera with 3.5" LCD (rear mounted camera to provide wide angle field of visIon at rear of vehIcle Manufacturer's model upgrade pkg. (please specifY pkg. bid) Third key RainshIelds Deep tinted glass Silverado 3500 Alan Jay ehev. Southern $23,696.00 All Zones $ 3.800.00 $ 2.100.00 $ 500.00 $ 200.00 $ 550.00 $ 800.00 N/A N/A $ 100.00 All Zones $ 900.00 $ 240.00 N/A N/A $ 77.00 $ 95.00 $ 249.00 $ 224.00 N/A INCL $ 255.00 $ 2.545.00 $ 4.837.00 $ 185.00 $ 5.995.00 $ 4.875.00 $ 475.00 $ $ 95.00 499.00 $ 2,652.00 $ 40.00 : :::@ Bid Award Announcement (O4-12-0823 ROLLOVER) VEHICLE: DEALER: ZONE: BASE PRICE: Order Code HLF DG5 SOB WAGG WINCH 4004EH 25K-22 15LG 82YD 9FLT 12 FLT 36403 GS LED-GS RVS LED-RVS RMS RMD 4-CS 4-CLED CSP60 CSpgO SPS6J RlCH NEB GEM G2) Silverado 3500 Alan Jay Chev. Western $23,831.00 Silverado 3500 Alan Jay Chev. Northern $23.696.00 Silverado 3500 Alan Jay Chev. Central $23,696.00 Add Options (cont'd) Headlight flashers West coast style mirrors Spray-in liner (Rhino or approved equivalent) Wrap-around grille guard 12.000 lb. winch with remote 4.000 lb. EH Auto Crane. or approved equivalent. with crane reinforcements with manual outriggers PrO provision PTO auto trans provision 25K-22 Auto Crane body with shelf package. 12" bumper with crank outriggers. or approved equivalent 1500 lb. 11ft gate 8 ft. 2 yd. dump 9 ft. flat stake body (requires 60" CA) 12 ft. flat stake body (requires 84" CA) 84" cab to axle Grill strobes (Whelen. Federal or approved equivalent) LED grill flashing lights (Whelen, Federal or approved equivalent) Rear view mirror strobes (Whelen. Federal or approved equivalent) LED rear view mirror flashing lights (Whelen. Federal or approved equivalent) Roof-mount single amber strobe beacon (Whelen. Federal or approved equivalent) Roof-mount dual amber strobe beacon (Whelen. Federal or approved equivalent) 4 comer strobe amber bar (Whelen. Federal or approved equivalent) 4 comer LED amber bar (Whelen. Federal or approved equivalent) Comer Strobe Kits - Wbelen Kit with 4 clear tubes. 6 outlet CSP 60w power supply, 2-15' cables. 2-30' cables Comer Strobe Kits - Wbelen Kit with 4 clear tubes, 6 outlet CSP 90w power supply. 2-15' cables. 2-30' cables Comer Strobe Kits - Federal Kit with 4 clear tubes. 6 outlet SPS6J power supply. 2-15' cables. 2-30' cables Comer Strobe Kits - Federal Kit with 4 clear tubes. 6 outlet RlCHOCHET power supply. 2-15' cables. 2-30' cables Comer Strobe Kits - Soundoff Kit with 4 clear tubes. 6 outlet. 60w Nebula power supply. 2-15', 2-30' cables Comer Strobe Kits - Soundoff Kit with 4 clear tubes. 6 outlet. IIOw Gemini power supply. 2-15'. 2-30' cables Federal FHL2 headlight flasher Federal FA5 headlight flasher Wbelen UHF2150A headlight flasher Wbelen UHF2150B headlight flasher Wbelen SSF2150 headlight flasher Soundoff Roadrunner headlight flasher w j amp connectors SoundoffPowerpulse headlight flasher wjamp connectors Bid Award Announcement 104-12-0823 ROLWVER) Silverado 3500 Alan Jay Chev. Southern $23.696.00 All Zones $ 145.00 INCL $ 549.00 $ 895.00 $ 1.275.00 $ 12.945.00 NjA NjA $ 10.945.00 $ 2.195.00 $ 6.090.00 $ 3.195.00 $ 3.620.00 $ 105.00 $ 375.00 $ 325.00 $ 475.00 $ 560.00 $ 285.00 $ 325.00 $ 560.00 $ 866.00 $ 395.00 $ 415.00 $ 545.00 $ 610.00 $ 425.00 $ 534.00 $ 139.00 $ 146.00 $ 125.00 $ 140.00 $ 130.00 $ 135.00 $ 140.00 827 VEffiCLE: DEALER: ZONE: BASE PRICE: Order Code DSM 828 Silverado 3500 Alan Jay Chev. Western $23,831.00 Add Options (cant'd) Silverado 3500 Alan Jay Chev. Northern $23,696.00 Silverado 3500 Alan Jay Chev. Central $23,696.00 Complete set of shop manuals ONLY 5/75 Manufacturer's Extended Base Care Warranty ($0 deductible) See Page 1050 5/75 Manufacturer's Extended Extra Care Warranty ($0 deductible) 5/75 Manufacturer's Extended Power Train Warranty ($0 deductible) Silverado 3500 Alan Jay Chev. Southern $23.696.00 All Zones $ 200.00 $ 915.00 $ 1,130.00 $ 605.00 @ Bid Award Announcement (04-12-0823 ROLLOVER) @ HOMi Of PELICAN ISIJ\NI) CITY OF SEBASTIAN AGENDA TRANSMITIAL Subject: :purchase of 52" Scag Zero Turn Turf Tiger Mower Agenda No. OS.;} {:J.... Submittal by: Department Origin~ Work~./ #" D.epartme?t Head~.~. r7~-C/ Fmance Director: . City Attorney: - ~ City Clerk: Date Submitted: 10/14/05 For Agenda of: 10/26/05 Exhibits: State Contract Price Quotations EXPENDITURE REQUIRED: $7626.40 AMOUNT BUDGETED: $9,000. APPROPRIATION REQUIRED: N/A FUNDlNG SOURCE: Cemetery Trust Fund SUMMARY The budget adopted by City Council for the new fiscal year includes the acquisition of a mower for the Cemetery Division of the Public Works Department. The Cemetery purchased in 1999 a Scag Zero Turn Turf Tiger mower which has been very reliable, and for this reason the Cemetery desires to stay with the same brand and model, and consequently selected a new Scag Zero Turn Turf Tiger mower over other units. This mower is available under the Florida State Contract #515-630-03-1 effective 5/05 to 5/06, which allows other government agencies to make piggy-back purchases from Florida Outdoor Equipment, Inc. The state contract price is $7626.40. Sebastian vendors were contacted and do not supply this mower. The company we are purchasing this mower from is in Vero Beach. The funding source for this purchase is the Cemetery Trust Fund RECOMMENDED ACTION Move to approve piggy-back purchase of a Scag Zero Turn Turf Tiger 52" Mower from Florida Outdoor Equipment, Inc. in the amount of $7626.40 subject to the terms and conditions of Florida State Contract #515-630.03-1. (ij) Model Scag . . Contract #: 515-630-03-1 .. . Effective : 5-20-05 through 5-20-06 Turf Tiger Riders .. STT52A-27CH 52" 27hp (Kohler) Zero Tum Turf Tiger . Sh61A-27KA 61" 27hp Liquid Cooled (Kawasaki) Zero Turn STT61A-27CH 61" 27hp (Kohler) Zero Tum STT61A-29KADFISS 61" 29hp Digital Fuel Injection {Kaw)zero Turn Susp.Seat STT61A-31BVSS 61" 31hp (Briggs Vanguard) Suspension Seat STT61A-358VSS 61" 35HP Liquid Cooled (Briggs Vanguard) Susp. Seat STT-29KADFI5S 29hp Digital Fuel Injection (Kawasaki) Tractor only STT-31 BVSS 31hp (Briggs Vanguard) Susp. Seat, Tractor only STT -35BVSS 35hp (Briggs Vanguard) Susp. Seat, Tractor only SMST-72A 72" Side Discharge Deck for (STT-31 BVSS)(STT-35BVSS) (STT-29KADFISS) Saber Toot/:l Tiger Riders 31hp 3 cyl. Turbo-Diesel Liquid (Briggs) Tractor only 61 "Side Discharge Deck for (STT-31 BSG)(STT -31 BSD) 72"Slde Discharge Deck for (STT -31 BSG){STT -31 BSD) STT-31 BSDSS SMST-61A SMST-72A @ GC-4D GC-F4 59015 59031 89050 S9051 S9048 59049 59052 89053 89258 59259 S9260 S9261 59262 59281 S9282 S9263 S9264- 59265 S9266 59267 S9212 S9268 S9270 1>0/E0 39\1d Accessories Metal Grass Catcher 4 cu. Ft. Capacity Fabric Grass Catcher 4 cu. Ft. Capacity Fabric Bags Spindle Drive Catcher for 48"'52"Cubs & Wildca! Fabric Bags Spindle Drive Catcher for 61" Wildcat Clam Shell Grass Catcher for 48" & 52" Cubs & Wildcats Clam Shell Grass Catcher for 61" Wildcats Fabric Bags Spindle drive Catcher for 52" Turf Tiger Fabric Bags Spindle drive Catcher for 61" Turf Tiger Clam Shell Grass Catcher for 52" Turf Tigers Clam Shell Grass Catcher for 61" Turf Tigers Mulch Plata for 36" Advantage Deck Mulch Plate for 48" Advantage Deck Mulch Plata for 52" Advantage Deck Mulch Plate for 61" Advantage Deck Mulch Plate for 72" Advantage Deck Mulch Plate for 36" Z-Cat Mulch Plate for 42" Z-Cat Hurricane Mulch Kit for 36" Advantage Deck Hurricane Mulch Kit for 48" Advantage Deck Hurricane Mulch Kit for 52" Advantage Deck Hurricane Mulch Kit for 61" Advantage Deck Hurricane Mulch Kit for 72" Advantage Deck Blade Buddy Accessory for Blade Installation Soft Ride Seat for Tiger Cubs STT Suspension Seat for Tigers & Sabre Tooth 20'3 3nm ~OOlno \1ar~l.:l Contract Suggested Price Retail '~7,626.40 $9,533.00 ($8,295.20 $10,369.00 $7,732.00 $9,665.00 $9,072.00 $11,340.00 $9,072.00 $11,340.00 $9,276.00 $11,595.00 $7,565.60 $9,457.00 $7,565.60 $9,457.00 $8,107.20 $10,134.00 $2,040.00 $2,550.00 $12,555.20 $15,694.00 $1,812.00 $2,265.00 $2,040.00 $2,550.00 $323.00 $252.45 $1,420.35 $1,796.05 $1,872.55 $1,872.55 $1,796.05 $1,796.05 $1,887.00 $1,887.00 $41.65 $41.65 $67.80 $62.90 $65.45 $41.65 $41.65 $187.85 $187.85 $200.60 $200.60 $213.35 $22.10 $315.35 $357.00 $380.00 $297.00 $1,671.00 $2,113.00 $2,203.00 $2,203.00 $2,113.00 $2,113.00 $2,220.00 $2,220.00 $49.00 $49.00 $68.00 $74.00 $77.00 $49.00 $49.00 $221.00 $221.00 $236.00 $236.00 $251.00 $26.00 $371.00 $420.00 5/19/20058:41 AM 096L96lL01> 1>9:91 900l/1>1/60 alYOI S~'J~AN . ';i:~:':~~;;~:;:::~[~1;.\~~,::~.~:~:::::;m\1ipi:';' !lOME 01' PtLKAN lSlJIND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Purchase of Toro Infield Pro 5020 with Rahn Infield Groomer Agenda No. Submittal by: City Manager Department Origin: . Finance Director: City Attorney: ~ City Clerk: Date Submitted: October 12, 2005 For Agenda of: October 26, 2005 Exhibits: Price Quote, Toro Infield Pro 5020 and Rahn Infield Groomer Information EXPENDITURE REQUIRED: $13,318.00 AMOUNT BUDGETED: $15,000.00 in 200S - 06 Capital Outlay APPROPRIATION REQUIRED: None SUMMARY The Public Works Parks and Recreation Division has budgeted $15,000.00 in the 2005 - 06 Capital Outlay budget for an Infield Groomer. This equipment conditions clay infields on baseball fields and is available on State Contract # 515-630-03-1. Wesco Turf Supply from Lake Mary, Florida is the authorized contractor to offer State Contract Pricing and Hector Turf from Deerfield Beach, Florida will handle delivery and service. The total price for a Toro Infield Pro 5020 with a Rahn infield groomer attachment is $13, 318.00. This price reflects a $2,982.00 discount with the State Contract price. The price of the Rahn infield groomer attachment is from Okeechobee County Bid # 2003-01. RECOMMENDED ACTION Move to approve purchase ofToro Infield Pro 5020 with Rahn infield Groomer attachment from Wesco Turf Supply in Lake Mary Florida for State Contract # 515-630-03-1 price of$13,318.00. @ Uet 11 UO U~:~Up @ JANIo L;KIIL;HILUW \ib4- (~o-t; (01 p,2 -~'--"'-,.._...... ..-- '"'~-_.'---~~...~~-~._-,.._~- ~._~." ~ 1301 N,W. THIRD STREET I OEERFIELO BEACH. FL 33442 TE L: (954) 429.3200 . FAX: (954) 360.7657 Quotation Provided for City of Sebastian October 11, 2005 t '. 1 ea Model # 08886 Descri tion Toro Infield Pro 5020 with: 18 H.P. Gas Engine - 3 Wheel Drive Series Parallel Traction S stem Florida State Contract Discount Total Pricing per Florida State Contract # 515-630-03-1 Effective 6/9/03 - 5/20/06 TSGL-650K-7C Rahn Ballfield Groomer Pricin er Okeechobee Coun Bid # 2003-01 Unit Price 514,200.00 2 100.00 Grand Total I $13,318.00 , Note: · Issue purchase order to Wesco Turf Supply, Inc. . Shi ment and service via Hector Turf Provided by Chris Fordney 954-429-3200 5020 ~ '!t08886 -. Vanguard~ V~twin cylinder, 4 cycle, OHV, air coo!ed. gas engine with cast irOn sleeves. 18 hp 113 kW\ at 3600 IJlID.. Displacl!lIlent 34.8 Cll. in. (510 eel. Oil capacity: 1.15 q;nart 11.66 liter). Electronic ignition. Fun pressure lubrication. oil filter. Base mounted. engms and pump with 4 irolation mounts. Vanguar~ V-twin cy11nder.4 cyde, OHV, air cooled. gas engine with cast iron sleeves. 16 hp (11.9 kW) at 3600 rpm. Displacl!lIleIlt: 29.3 cu. in.I!80~. 00 capacity: L1Squart{L66literj.Electroniclg1li.tion. FuU pressure lubrication. oil lilter. 4.2SgaIlansI16.l11telSlof~gasoline. 2020: 2-whee1 drtve. 3020: 3--wheel drive. Model0B884: In.finjtelyvaJieble 0--11 mph (l2.1 km/h) forward: 4.3 mph 16.9 km/hI reverse. Model 08885: Infinitoly variallle 0-8.6 mph 113.8 Io:il/hl forward; 4.3 mph (6.9kn:J./hl reverse. Optional2-speed valve ktt for faster transport on model 08885, up to 11 mph 111.1 km/hI. Double air filtration. standard engine air filter plus remote mounted 3-phase Donaldsonii' air cleaner. Foe1Capacity Traction Drive GroundSpeed 5.0 gallons {19 liters) of unleaded gasoline. 3-wheeldrive.innovativeseries!parnIlelsystem. Irdin!lel\,: ~able CHI mph 1l2.1 km/h) 1ooward; 4.3 mph (6.9 km/.hj reverse. Air Clearler System Hydraulic Oil Capacity 3.0 gallon (1l.4litarj system capacity. Nylon reservoir to reduce corrosion. 25 mi~ replaceable cartridge. Dynamic braking through the hylirostalic transmission and hand activated drum bJakes mounted. on eacl::t rear wheel. Hand operated choke, tluottle, and hydraulic control for raising/lowering with Doot. Foot pedal controls traction lorward/revelllB speed. GffIlges; hour meier, Two year limited warranty. Refer to the Operator's Manual 101 further details. Briggs & Stratton provides a two year commercial engine warranty and a 1ifetime Magnetron" warranty. Brakes Contto1s/GaugeS w"""'" mID q\ \2Y il COMMERCIAL PRODUCTS We reeervethe right toilllprove ourprodur:ts and makB chengesin the spedlIcal!ons.det;iunliandSllllldard.BqUipmentwithoutnoliceamlwilhuut incwringobl1gatlon. Prod'udlldep1ct<<1inthisbroc:bureilIBfoIdllIl1OnsmrtionpwpOllBllonly.Ac:tual produclll offered for sale mayvary indeslgn.raqulrBd attachments amlsalety JSBlUIes,Seeyour'l'oroDistrlbutoIfordetaUsofourwammties. ~1998The'lbroCompIlIlY g:~~~;542()"1196 FcrmNo. 98-52-i. PrbIIeciillIf.S.A. _...".<~. u..vtee--- . TORO IS PROUD TO SUPPORT THE NATION'S TURF PROFESSIONALS WITH TOP QUALITY EQUIPMENT, SERVICE AND PARTS. Visit Toro on the World WIde Web at www.toro.com . Powerful 18 hp engine in the 5020 model, or 16 hp engines in the 3020 and 2020 speed up infield maintenance . FTO capability allows more attachments, greater versatility . New muffler reduces engine noise for operators, players; neighbors . Three-stage air filtration system prolongs engine life ~ . Operator-ill-mind design increases comfort and productivity . No gears, belts or clutch, minimizes maintenance Note: These features apply to all Infield Pro models unless otherwise noted. . Innovative traction system on 5020 model keeps three wheels working together, virtually eliminating spin-outs TOTAL TRACTION The Infield Pro 5020 features a patented series/parallel traction system that gives extra footing for major renovations. rebuilding and summer compaction. The system keeps all wheels engaged in 3-wheel drive. If traction is unavailable for one wheel. the others keep working to move you through deep, loose or wet ground. lORO THE IN FIELD PRO 5020 Ballfield managers find this versatile premium model a perfect match for basic maintenance tluough major renovations. The 5020 features an 18 hp engine with enough gusto for your biggest chores. Exclusive features include a series/parallel traction system that virtually eliminates spin-outs, 7.5" ground clearance and comfortable seating. Forward and reverse 3-wheel drtve is standard. THE INFIELD PRO 3020 The 3020 is a solid, all-round maintenance machine that offers 3-wheel drive. It provides a 16 hp engine, 6" ground clearance and new acceleration valves for smoother start-ups and fewer spin-outs. As with all Infield Pro models. a hydraulic lift for attachments is standard. THE IN FIELD PRO 2020 Whether conditioning, raking or grading. the 16 hp 2020 model delivers plenty of power and productivity day-in and day-out. This reliable base model comes in 2-wheel drive only. It incorporates the same air filtration system and PTO capability 01 the 3020 and 5020, 40" DOZER BLADE 08821 Ideal for leveling materials. repairing holes. and rebuilding mounds and high traffic areas. Shapes ground with minimal effort. A 60" blade is also available. WEEDER/CULTIVATOR 08815 Five sets 01 double shovels upturn problematic roots. Mounts close to rear wheels for improved ground following, less gouging. INFIELD CONDITIONER TS-GL-650K-7 Double level- ing bar followed by poly brush broom gently grooms skinned areas to perfection in one con- venient and time-saving pass. SPRING RAKE 08813 16" width. better down pressure make this attachment well- suited for conditioning infields with compacted, wet sand. Consider combining with Tooth Rake, FINISH GRADER 08867 Breaks up compacted infield layer. levels ground and fills in hazardous holes and ruts. Helps craft an even - and safer - playing surface. TOOTH RAKE 08812 Adjustable depth, 72" width make this a good match for conditioning infields with dry, loose sand. Consider combining with Spting Rake. DRAG MAT 08845 Breaksnp soil clumps. fills in cleat holes and srnoothes the infield. Gives the clean, finished appearance players and spectators expect. attachment uses forcible winds to effectively clean up trash, leaves and other debris on and around fields, Optional 1800 chute allows right or left-side blowing. @ ~ 1&1 ~ o o ~ C) Q .... 1&1 - .... z - o It) -0 .... C) Z :I: ~ @ Q i:i:l - ... ~ z >: ~ ... a.. ... ~ I! ... ~ -.I _-< o -e~~ ...... Q ~ a= c.. = ... rJ1 = :x: :; .... ... ~ ~ ~ z S2 a= ~ ;:>........ 1:: "" " " 2 " .il @ CIl '0 ~ o ~ O!)O .... U.S ~ . '" i:' -.:r S"" ~ o 0 ~ "d Lt") ~ 1;; ~ "-0 n ~ ;::l ......- 4) ()J ", " ~ ..0 \wi ..... 0 LU "" 13 0 " 0 ~ Z ~ a~ i= en 0 5,........; C> ..... ..... '''' 0 '1) Vl U 0 "0. ~ Z .'" 01 ] OJ) - gp..c:: Cd.S c:II:::.l::...... CIl..g 0.. 0... 1-1 "d ....... lI) CIl . 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M><al M ~.5 11)-""2 >< . 0 o ~ "" "- C) dR~ .a.: _._ ~ cO @ illo."'tl -i: ~_= ~ 0 c =>o..c "'tlooc C .. - w .. Z Z '0 ~~~ ~Q."" @ ar". SEBAST~ ~~..~ " . ~'~~,-"""""""-'}-"-' '-~= ,.----, KOME. Of PWCAN ISlAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Police Retirement Board of Agenda No. 0 5 , J. I Lf Trustees Department Origin: City Clerk's OfficeW,/ " Approved for Submittal by: City Manager Date Submitted: 10/19/05 For Agenda of: 1 0/26/05 Exhibits: FS185.05, applications, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The civilian positions are two year terms which expired October 1 st. Mr. Sexton would like to serve again. RECOMMENDED ACTION Interview applicants, unless waived, and submit nominations for two individuals to the civilian positions whose term will expire 10/1/2007. @ Ch. 185 MUNICIPAL POUCE PENSIONS F.S. 2004 (10) "local law plan" means a defined benefit pen- sion plan for police officers or for police officers and firefighters, where included, as described in s. 185.35, established by municipai ordinance or special act of the legislature, which enactment sets fonh all plan provi- sions. Local law plan provisions may vary from the pro- visions of this chapter, provided that required minimum benefits and minimum standards are met. Any such variance shall provide a greater benefit for police offi- cers. Actuarial valuations of local law pians shall be conducted by an enrolled actuary as provided in s. 185.221(2)(b). (11) "Police officer' means any person who is elected, appointed, or employed full time by any munic- ipality, who is certified or required to be certified as a law enforcement officer in compliance with s. 943.1395, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enlorce- ment of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervi- sory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities 01 full"time law enforcement officers, part-time law enforcement offi- cers, or auxiliary law enforcement officers, but does not include part-time law enforcement officers or auxiliary law enforcement officers as the same are defined in s. 943.10(6) and (8), respectlveiy. Forthe purposes of this chapter only, "police officer' also shall include a public safety officer who is responsible for performing both police and fire services. Any pian may provide that the police chief shall have .an oplion to participate, or not, in that plan. (12) "Police Officers' Retirement Trust Fund' means a trust fund, by whatever name known, as provided under s. 185.03 for the purpose of assisting municipali-' ties in establishing and maintaining a retirement plan for police officers. . (13) 'Retiree' or 'retired police officer' means a police officer who has entered retirement status. For the purposes of a plan that includes a Deferred Retire- ment Option Plan (DROP), a police officer who enters the DROP shall be considered a retiree for all purposes of the plan: However,. a police officer who enters the DROP and who is otherwise eligible to participate shall not thereby be precluded from participating, or continu- ing to participate, in a supplemental plan in existence on, or created after, the effective date of this act. (14) "RetiremenF means a police. officer's separa- tion from city employment as a police officer with imme- diate eligibility for receipt of benefits under the plan. For purposes of a plan that includes a Deferred Retirement Option Plan (DROP), "retlremenF means the date a police officer enters the DROP. (15) "Supplemental plan' means a plan to which deposits of the premium tax moneys as provided in s. 185.08 are made to provide extra benefits to police offi- cers, or police officers and firefighters where included, under this chapter. Such, a plan is an element of a local law plan and exists in conjunction with a defined benefit plan that meetS the minimum' benefits and minimum standards of this chapter. F.S. 2004 (16) "Supplemental plan municipality' means any local law municipality in which there existed a supple- mental plan as of December 1, 2000. Hlstory.--s. 1 t, ell. 28230, 1953; s. l,'ch. 29825. 1955; S. 1,00.59-320; s. 1, ch. 61~85; s. 7, ch. 79-380: s. 2, ell. 79-388: s. 2, oh. 86-42; s. 43, ch. 91-45; s. 40, ch. 93-193; s. 939, th. 95-147; 8. 14, ch. 95-154; s. 42, en. 99-1; 8.28. ell. 2000-151; $. 3, ch. 2000-159; s. 2, 00. 2002-66. With respe on Janua~ vote in sue such electi majority ot son's naml the munic name, the aministerii trustees '" have the s bers appo serve as tr ceed hims. shall serve sooner rep ure the me Or herself a serve as 11 she soonei as a poliCE the municll manner as may succe (b) The law plans, 1. If a officers or apply. 2. If a officers an< shall apply be a policl member st respective firefighters plan. 3. An~ on July 1,1 . eral emplo. cers, or p< determine 1 officers onl included. E shall be es subparagr, enact an ( October " take whatE amount of ~ or police of assets sha contributior police offiCI investment such mone Iished retin With respe' law plan or shall parmi age of polk 185.03 Municipal police officers' retirement trust funds; creetlon; applicability of provisions; participa- tion by public safety offlcers.-For any muniCipality, chapter plan, local law municipality, or .Iocal law plan under this chapter: . (1) There shall be established a special fund exclu- sively for the. purpose.ofthis chapter, which in the case of chapterpfans shaU be. known as the "MUnicipal Police Officers' Retirement Trust Fund: in each munic- ipality of this state, heretofore or hereafter created, which now hilS or which may hereafter have a regula~y organized police department, and which now owns and uses or which may hereafter own and USe equipment and apparatus of a value eX988ding $500 in service- able condition for the prevention of crime and for the preservation of life and property. (2) The provisionsof this chapter shall apply only to municipalities organized and established pursuant to the laws of the state, and said provisions shall not apply to the unincorporated areas of any county or counties nor shall the provisions hereof appiy to any governmen- tal entity whose policE' officers are eligible to participate in the Florida Retirement System. (3) No municipality shall establish more than one retirement plan for pUblic safety officers which is sup- ported in whole or in part by the distribution of premium tax funds as provided bylhls chapter or chapter 175, nor shaU any municipality establish a retirement plan for public safety officers which receives premium tax funds from both this chapter and chapter 175. . Hlstory.""'-S. 1, 00. 28230,1953; s. 2,ch. 29825, 1955; s. 2, ch. 61-119; s. 1; ch. 65-152; S. 7, ch. !~; So 2, ell. 79-368;8. 3, ch. 86-42; 8+~. ch. 91H. , . 185.04 . Actuarial deficits not stale obllgaiions.- For any municipality, chapter plan, local law municipal- ity,. or local law plan under this chapter, ilctuarial defi- . cits, if any, arising under this chapter are not .the obliga- tion of the state; '. HJstDry,-S. lb, ell. 28230, 1953: s. 44, ch. 99-1. 185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's fees.- For any municipality, chapter plan, locaJlaw municipal- ity, or local law plan under this chapter: (1) In each municipality described in s. 185.03 there is hereby created a board of trustees of the municipal police officers' retirement trust fund, which shall be solely 'responsibie for administering the trust fund. Effective October 1,1986, and thereafter: (a) The membership of the board of trustees for chapter plans shall consist of five membens, two of whom, unless otherwise prohibited by law, siiiiif1j'e legal reSidents ot tne mUnlClpallt r wno snail De a Dine e e Isalve 0 e mUOIOI a . an two 0 W om s a e po Ice 0 lCers as e me In s.185.02 who shall be elected by a majority of the active police officers who are members .of such plan. 1566 F.S. 2004 MUNICIPAL POUCE PENSIONS Ch.l85 With respect to any chapter plan or local law plan that, (c) Whenever the active poiice officer membership on January 1, 1997, allowed retired police officers to of a closed chapter plan or closed iocallaw plan as pre>' vote in such elections, retirees may continue to vote in vided in s. 185.38 falls below 1 0, an active police offICer such elections. The fifth member shall be chosen by a member seat may be held by either a retired police offi- majority of the previous four members, and such per- cer or an active poi ice officer member of the plan who son's name shall be submitted to the legislative body of is elected by the active and retired members of the the municipality. Upon receipt of the fifth person's plan. If there are no active or retired police officers name, the legislative "body of the municipality shall, as remaining in the plan or capable of serving, the remain- a ministerial duty, appoint stich person to the board of ing board members may elect an individual to serve in trustees as ~s fifth member. The' fifth member shall the active police officer member seat. Upon receipt of have the same rights as each of the other four mem- such person's name, the legislative body of the munici- bers appointed' or elected as herein provided, shall pal~ shall, as a ministerial duty, appoint such person serve as trustee for a period of .2 years, and may suc- to the board of trustees. This paragraph applies only to ceed himsell or herseif in office. Each resident member those plans that are closed to new members under s. shall serve as trustee for a period of 2 years, unless 185.38(2), and does not apply to any other municipality sooner re . laced b the legislative body at whose pleas- having a chapter or local law plan. ure t e mem er s a serve, an may succe Imseif (d) If the chapter plan or local law plan with' an or herself as a trustee. Each' police officer member shall active membership of 10 or more is closed to new serve as trustee for a period of 2 years, unless he or members, the member seats may be held by either a she sooner leaves the employment of the municipality retiree, as defined in s. 185.02, or an active police offi- as a police officer, whereupon the legislative body of cer of the plan who has been elected by the active the municipal~ shall Choose. a successor in the same police officers. A closed plan means a plan that is manner as an original appointment. Each police officer closed to new members. but continues to operate, pur- may succeed himsell or herself in office. suant to s. 185.38(2), for participants who elactlo (b) The membership of boards of trustees for local remain in the existing plan. This paragraph applies Only law plans shall be as follows: to those plans that are closed to new members pursu- 1. If a municipality has a pension plan for police ant to s. 185.38(2) and does not appiy to any other officers only, the provisions of paragraph (a) shall municipality that has schapter plan or a local law plan. apply. (2), The trustees shall by majority vote elect from its 2. If a municipality has a pension plan for police members a chair and a secretary. The secretary of the officers and firefighters, the provisions of paragraph (a) board shall keep a complete minute book of the shall apply, except that one member of the board shall actions, proceedings, or hearings of the board. The be a police officer as defined in s. 185.02 and one trustees. shall not receive any compensation as such, member shall bea firefighter as defined in s. 175.032, but may receive expenses and per diem as provided by respectively, elected by a majority of the active Florida law. firefighters and police officers who are members of the (3) The board of trustees shall meet at least quar- plan. , teriy each year. . 3. Any board oltrustees operating a local law plan (4) Each board of trustees shall be a legal entity on July 1, 1999, which is combined with a plan for gen-' that shall have, in addition to other powers and respon- . eral employees shall hold an election of the police offi- sibilities contained herein, the power to bring and cers, or police officers and firefighters if included, to defend iawsuits of every kind, nature, and description. determine whether a plan is to be established for police (5) In any judicial proceeding or administrative pro- officers only, or for police officers and firefighters where ceeding under chapter 120 brought under or pursuant included. Based on the election results, a new board to the provisions of this chapter, the prevailing party shali be established as provided in subparagraph 1. or shall be enmied to recover the costs thereof, together subparagraph'2:,. as appropriate. The municipal~ shall with reaSonable attorney's fees. enact an ordinance to implement the new board by (6) The board oftrustees may, upon written request October 1, 1999. The newly established board shall by the retiree of the plan, or by a dependent, when take whatever action is necessary to determine the authorized by the retiree or the retiree's beneficiary, amount of assets which is attributable to police officers, authorize the plan administrator to withhold from the or police officers and firefighters where included. Such monthly retirement payment those funds that are nee, assets shall include all employer, employee, and state essary to pay for the benefits being received through contributions made by or on behalf of police officers, or the governmental entity from which the employee police officers and firefighters where included, and any retired, to pay the certified bargaining agent of the gov-. investment income derived from such contributions. All emmental entity, and to make any payments for child such moneys shalt be transferred into the newly estab- support or aiimony. . lished retirement plan, as directed by the board. (7) The provisions of this section may not be With respect to any board of trustees operating a local altered by a participating municipality operating a chap- iaw plan on June 30, 1986, nothing in this paragraph ter or local law plan under this chapter. . h ed . f th b h' t Hlstory.-s. 2, ch. 28230, 1953; s. 2, ch. 59-320; s, 2, 00. 61-119; s shall permit t e r uctlon 0 e mem ers Ip percen - 86-42;s. 41, th. 93-193; S. 940, ch. 95-147; s. 45. ch. 99-1: s. 6. ch. 2-66; S- age of police officers or police officers and firefighters. 8. ,h. 2004-21. 1567 RE€EIVEI1 C!:,Y~OF SEIlASTlAN . ('k I1IF €ITY €lERK ZOO~ JUN 18 ff'l 2 ~ 7 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) ~ ' .. ..... ~o- .,'. "-:-'. ---",' .. .. ",. HOME Of PEliCAN ISIANO NAME: bAV\/\ ~ 0,-H\~S . HOME ADDRESS: '1' 0 7-0 ./\ A if 9";c..::c'f .(6 713 Bayport Drive , - - , . SeS jA<:;7 \ tA tJ ~ ?"2-q ~ HOME PHONE: ~q f.p (p j>'l) HOME FAX: E-MAIL: BUSINESS: f2cV+L c~'n+ rr} ~.I, p.",a v'>-I'-" " ", V'^ (iI...,/2, ,J- '" I BUSINESS ADDRESS: I c,--z- ~ V~ I >,~g \A-"", 7 \ IAN ~L- 7'2-4 \Y BUSINESS PHONE:<)<(-t; 7~"S- BUSINESS FAX:">~<1 81" 7 E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? t-J1.l HOW LONG? . . DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? t'1J DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? '1-''' WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMIlTEE (serves'only 6 months every 7 yeers - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summery V - CODE ENFORCEMENT BOARD (permanent board - meets once a month)". COMMUNITY REDEVELOPMENT ADVISORY COMMIlTEE (permanent board-meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets qualterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (petmanent statutory boarrJ- meets quarterly)' PARKS & RECREATION ADVISORY C9MfI!I.ITTEE (permanent board - meets once a month) TREE & LANDSCAPE ADVISORY..BOARD:(,mQl)anent board - meets once a month) OTHER TEMPORARY COMMIl::rEE(ifappiiCab!~).. . ...... . - ~ ' . ;(WRITE IN COMMITTEE NAME) * Filing of financial d~ure is required fon~ng appolritment ..~ @) APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) r ~ ~ vc-- <S'"f'A-~0""Vd;2 S''- ~ ~ ~&~t,." - l~~ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? C' 1+,0.' .e "-"- W'r..-J er+ c~e= .6.; k"-J2 < -" ~ VJT 1S~(Z...t > Q:~ () C~ M v\A',4 (2'"""" ll2c<.rv'~ ~ I2cYk-, t2rr\p.-'f"e I.A.Jl-j , (loA- yC .D-e \A-<.-G rz. S"' l-\. t f' . LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: Special Deputy Volunteer for Indian Ri1(er County Sheriff's Office under Wheeler Administration . HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? If-l'" .. HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVO\.VING MORAL TURPITUDE INTHIS OR ANY STATE? t-Ju WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? "t-'''' I hereby certify that I am qualffied to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I av VI . this application. I understand that any misrepresentation or omission of information Bd in this applicatio 's cause for disqualffication. I have been provided with, read and understand City of Sebasti (attached). Information relative to a specific board or committee Subscribed and sworn to ramen Gill('~t\.<' before me this who is personally as identification. 2004. by to me, or has produced Iwp-formlapplicat.wpd rev. 112004 ~\\\I""""""/1. ~*~ slieWiJJ;':'~II~ ~ )rIJ$I........":"18 I ~ ~ .~\SSION~~~. ~ ~ $ ..d>,^"",2~&"'?-i'. ~ $' ::::....,- ~I~~ ~ .: :.:a-I.C ~ ,*= =*: ...... : = - . . = i ~ ~ WD172594 : i5~ ~_ot?'. ..~~ ~~~....~~..,~,f ~""A':"'''''~c!-.~'''' ',I,,vb'(IC Si~\~ ~" ~'/"lIIjll\l\\\\\~ @ ~. ~ .0 ..::: .5} ::s' ~ \:-- '" ~ O!YOF SE~ ~ . ... --. ;".'.- ,-.- -. - ~ HOME OF PEUCAN ISIJ\ND nEt;EIVIHl ': JF SEffiASTIAN CC: @F !}ITY @IE1K ,Ou5 OCT APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) 7 ArllO 01 I NAME: HOME ADDRESS: E-MAI L: HOME PHONE: HOME FAX: BUSINESS: C. f of' S'0 BUSINESS ADDRESS: r ~ 'S Mt\i" S 't. Se ~&>..>' J~ FL 3..:<' S- r BUSINESS PHONE: (77;) )7.n-~ BUSINESS FAX: 38''r"'6..)t.f7E-MAIL: '>exb~'!!r~s 'If'DIJ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~ HOW LONG? 1"'f DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ..vII DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? :;tic PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (selVes only 6 months every 7 years- meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permal)ent board - meets once a month)* COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)' k POLICE RETIREMENT BOARD OF TRUSTEES (permenent statutOI}' board" meets quarterly)' PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE ~f applicable) (WRITE IN COMMITTEE NAME) * Filing of financial disclosure is requIred following appointment @ APPLICABLE EDUCATION AND/OR EXP,ERIENCE: (a brief resume is required) .. ~lt)ls dle4tee- ~'f'-I ~f-ldie<;;- ,4C-F -f/-cvJo/".> ;f)wl1lj'()I.L$. c"<iff~1' 1'f.'S; 'f1"t/t11ft1 ,;JesS/fI>fiS. $el'{<:ol SehMf,a/l fof,<.e /.-<;.~ IJ<wd.(;1' +rAlt> fel'H15. ~Necf ~ B::zv. ~ecrek -(;" .3 oL . HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ,_ _ J ...T ~A\ ~(I J/etsec! IA -fIe fo;'c~ oFh<_er''> fI;/K;fr>/1 11M. .:r /!.we IrO<:e~ser:)( ....If d6ffthKt'o/1S, wlteikr rej<1/...r l'e(/l'eQlftl1t <>r Id~1 ,>tun "';,'sft.,6RI''''4 oyer e IMt /kee 'Ie.r~'. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ,AID WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? )'0 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of infonmation requested in this application Is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Infonmation reiative to a specific board or com is ailab if reque ed. and sworn to before me this who is personally as identification. of C~ . 2.@J~ by known to ~ or has produced \wp-formlapplicat.wpd rev. 1/2004 ..'~~~r~t# Sally A Maio 1-(A,\~ MYCOMMISSION # 00131155 EXPIRES ~\~'$l October 5, 2006 "'~iff.~~" BONDEDTHRUlROYfAlN INSURANCf,INC. Please return to Clerk's Office, 1225 Main St., Sebastian, FL 32958 @ POLICE RETIREMENT BOARD OF TRUSTEES 2-YEAR TERMS Two Members Appointed Jnt. City Council Richard Taracka 1320 Coverbrook Lane Sebastian, FL 32958 Appointed: 10/24/2001 (Replaced Waldis) Reappointed 9/24/03 Term to expire 10/2005 James Sexton 297 Manly Avenue Sebastian, FL 32958 Appointed: 10/24/2001 (Replaced Brauer) Reappointed 9/24/03 Term to expire: 10/2005 Two Members Apoointed Jnt. Police Officers Officer Eric Wheeler Appointed 5/2003 to fill unexpired term of Lt. Ewert Reappointed 10/03 - Term to expire 10/1/2005 Detective Dennis Hovasse Appointed: 10/97 - Term to expire 10/99 Reappointed: 10/99 - Term to Expire: 10/2001 Reappointed 10/01 Reappointed 10/03 - Term to expire 10/1/2005 One Member Appointed Jnt. Board and Confirmed Jnt. City Council A.L. Rappy Perez, Jr. CLU 9650 Mockingbird Lane Micco, FL 32976 Appointed: 12/99 to Replace Judy Robinson Term Began 10/99 Term to Expire: 10/2001 Reappointed: 11/2001 Reappointed: 10/2003 - Term to Expire: 10/2005 @ City of Sebastian, Florida OffiCE OF THE CITY ATTORNE': ~ AGENDA TRANSMITTAL Agenda No. Subject: Appeal ofP&Z approval; The Gables at Sebastian site plan Date Submitted: 10/20/05 For Agenda of: 10/26/05 SUMMARY: This matter comes before the Council pursuant to Land Development Code 954-1-2.4(g) as an appeal of the Planning & Zoning Commission approval of the site plan application. The Council has previously a similar proceeding in which the Council acts in an appellate capacity, and the rules are very different. The two specific issues appealed are listed in the Notice dated September 26, 2005, and review is limited to these matters. The Council must consider the appeal solely on the record presented to the Planning Commission at its September 15, 2005 hearing. This means that no new facts can be presented to the Council. Public input is not appropriate. The appellants, staff, and the applicant are allowed to make arguments as to how the facts before the Planning Commission support their legal arguments. Since the application came to P&Z with a staff recommendation for approval, the burden of proof is on the appellants. This burden requires the neighboring property owners to demonstrate the absence of any substantial, competent evidence supporting the P & Z approval of the site plan. Modifications to the plan may be proposed by any party, but without new factual support. Since it is unlikely that this can be done without further public hearing, the preferred procedure is to remand the matter back to the Planning Commission for further hearing although I believe the Council could schedule a quasi-judicial hearing for a future date. The procedural order will be: }> Initial presentation by appealing parties; }> Presentation of applicant; }> Staff analysis; }> Appellant's rebuttal; and }> Council deliberation and action. It will require at least four votes to change the determination of the Planning Commission. @ RECOMMENDED ACTION: After reviewing the record, the City Council may make one of the following determinations: 1. May uphold the approval of the site plan application; 2. May overturn the approval and issue denial of the site plan; 3. May schedule a hearing, or remand to P & Z , for further quasi-judicial hearings to consider approval of the site plan with modifications or conditions needed to comply with code requirements. . REVIEWED BY CITY CLERK: 0... A""- h / AUTHORIZED PLACEMENT ON AGENDA BY CiT~iiiNAGER: ~ @ P{fr=nl.s ~ oPtEe/s/o/Vs by, ?L f+fl/{Vih/6-.f. '::;JOA/I'NC C.cnlAiAAiS,'&/IJ September 26, 2005 To: The Planning and Zoning Commission of Sebastian: .~ 7f1L' e ;'L"( C2(JJl-1 iVc./L Gentlemen: My name is Josef Hauck of373 Bob Circle, Sebastian, My property is joined in the far south west corner with Gables of Sebastian property. I did attend the Public He;rring on September 15, 2005 regarding the Recommendation to City Council regarding the preliminary plat as listed on the Agenda of the Planning and Zoning Commission under Paragraph C. I. I was handed a brochure of the proposed Gables of Sebastian, including a layout of the streets and location of all attached housing. To my surprise, I found two streets about 186' in length and 20 wide in the development that lead to a dead end. I believe these streets should be a cul-de-sac or at the minimum, a 3 point turn on the end of each street. 2. I personally checked with the Indian River County Fire and Rescue Officer, Miss Seely in the Vero Beach office and after reviewing the proposed plans, I was told by Miss Seely there would be no unforeseen problems in case of an emergent situation. She stated that in case of a fire, Fire Trucks would enter the dead end street at 150' and would run hoses to the last houses and around to the back if necessary. She also stated that they are fully aware that the fue trucks have to be backed out of these streets in order to exit. What about an ambulance in an emergency which is not under Indian River County Fire Department code? Trucks like UPS, Federal Express and even landscapers with trucks and trailers have no where to turn around. There are 12 attached houses - six on each side of these two streets. For example, each house occupied has a husband and wife and one to three children in a Family, a total of 40 to 60 persons on a 186' dead end street with no turn around for any vehicles causes a dangerous situation. @ Page Two I believe this situation is totally overlooked by the Planning and Zoning board and should be corrected. Any visitation to these homes will undoubtedly imposed street parking in the daytime and this situation is a disaster in the making -like in New Orleans only in a different way. Submitted by ':J~ ct:b~ L Josef Hauck ResidentJHomeowner of Sebastian @ CllYOf SEBAS~ ~ IIOME Of PWCAN IStANO Growth Management Department Site Plan Approval Application. Staff Report 1. Project Name: Gables at Sebastian 2. Requested Action: Site plan approval for a 95 unit townhouse development. 3. Project Location a. Address: Main Street between Powerline Road and Bob Circle b, Legal: See site plan. c. Indian River County Parcel Number: 30-38-30-00003-0000-00000.4 31-38-01"00000-7000-00001.0 4. Project Owner: Best Housing 1 Inc. Jorge Diaz, President 82 S. Seawall Point Road Stuart, Florida 34996 (305) 525-5663 fax (305) 234-0791 5. Project Agent: Joseph Schulke, P.E. 6. Project Engineer: Joseph Schulke, P,E. Schulke, Bittle & Stoddard 1717 Indian River Blvd, Suite 301 Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9496 7. Project Surveyor: William B. Zentz & Associates, Inc. 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-7552 fax (772) 567-1751 8. Project Description a. Narrative of proposed action: Mr. Joseph Schulke, on behalf of Best Housing 1 Inc., has filed for site plan approval for a 95-unit townhouse development located on Main Street between Powerline Road and Bob Circle. The project consists of 17 residential buildings and a clubhouse, tog,th" w.. '~oc;'I,d P"k'O:' ..." 'm! ,,_, ,,_, drnl"", "~~ landscaping. Access to each unit will be accomplished via an internal road network with one point of access on Main Street and one pOint of access on Powerline Road. Proposed water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by connection to the e~isting Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to multiple on-site retention areas. The site consists of 12.78 acres of total land area, of which, 6.67 acres will be Impervious (52.2%) and 6.11 acres will be open space (47.8%). A 1660 SF clubhouse will be provided, as well as a swimming pool, along with requisite parking. b. Current Zoning: RM-8 c. Adjacen~ Properties Zoninq Current Land Use Future Land Use North: Conservation Scrub Habitat Conservation East: CG& Vacant & CG& RM-8 Residential MDR Apartments South: RS-10 residential LDR West: RS-10 residential LDR d. Site Characteristics (1) Total Acreage: 12.78 acres (2) Current Land Use(s): Vacant (3) Soil: Immokalee Fine Sand (4) Vegetation: Not provided Tree survey must be provided with site plan overlay to show effort being made to preserve existing trees. @ (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Freedom Park - 1/4 mile (9) Pollee/Fire: Indian River Fire - 1 mile Sebastian Police - 1/4 mile 2 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Contents of Site Plan: a. lot configuration: provided b. finished ground floor elevation: proposed - 24.8' to 25.0' c. contours and designating number of dwelling units: RM-8 allows 8 units per acre 8 x 12.78 acres = 102 units allowed 95 units proposed d. square footage of site: 12.78 acres = 556,696 SF e. building coverage: proposed -125,888.4 SF = 22.6% (40% maximum) f. square footage of paved areas and open area: Buildings, sidewaiks and pavement: Open 290,545.2 SF = 52.2% (60% maximum) 266,151.6 SF = 47.8% (40% minimum) g. setbacks: provided (Townhouse Standards) Required Proposed Front (Main St.) Side (Bob Circle) Side (East) Between Buildings Rear (South) 25' 10' 10' 15' 20' 34' 28' 52' 23' 29' h. scaled drawings of the sides, front and structure: provided 3 "" of tho boll.'og (f) @ I. generalized floor plan indicating uses and square footage of each proposed use within each building or structure: provided j. Buildi ng exterior construction materials and color: provided k. building height: allowed: 35' proposed: 31' I. iocation and character of all outside facilities for waste disposal, storage areas, or display: N/A m. location and dimensions of all curb cuts and driveways: provided n. number of spaces with their location and dimensions: provided Required Proposed Residential 2 spaces/dwelling unit (95) 190 190' Clubhouse (1660 SF at 1/200) 9 14 'Each unit includes a two car garage and driveway, providing the necessary area to accommodate a minimum of 2 parking spaces. o. details of off-street parking and loading areas (Including requirements of Article XV): N/A p. all off-street vehicular surfaces available for maneuvering: provided q. surface materials: provided r. number of employees: N/A s. type of vehicies owned by the establishment: N/A t. If there is a combined off-street parking facility, required agreements: N/A u. Location of all pedestrian walks, malls, yards and open spaces: provided v. location, size, character, and height or orientation' of all signs: provided w. location and character of landscaped areas and recreation areas: provided 4 x. location, design and character of all public, semi-public, or private utiliti es: provided y. location, height and general character of perimeter or ornamental walls, fences, landscaping: provided z. surface water drainage facilities plan certified by an engineer or architect registered In the State of Florida: provided aa. location of existing easements and right-of-way: provided bb. Land survey with complete legal description prepared and certified by a registered surveyor: provided cc. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: provided 11. Site location and character of use: provided 12. Appearance site and structures: a. harmonious overall design: yes b. location and screening of mechanIcal equipment, utility hardware and waste storage areas: N/A c. commercial buildings: and industrial activities conducted N/A in enclosed d. exterior lighting: provided 13. Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design considerations: provided and access/egress b. separation of vehicular and pedestrian areas: provided 14. Traffic impacts: provided 15. Open space and landscape (including the requirements of Article XIV): a. Name, address and phone number of the owner and designer: prOVided b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided 5 @ c. Property lines, easements, and right-of-way with Internal and property 'line dimensions: provided d. Location of existing or proposed utility service: provided e. Location and size of any existing or proposed structures: provided f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: provided g. Location and size of any existing or proposed vehicular use area: provided h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: detailed irrigation plan to be submitted to the building department for irrigation system permits. j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non- vehicular open space, perimeter and interior landscape strips, and required number of trees: Must be revised. Perimeter landscape strip along west and south property lines must provide a Type "A" landscape buffer. Landscape plan must be revised accordingly. k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: Not provided Tree survey must be provided with site plan overlay to show effort being made to preserve eXisting trees. m. Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided n. Height, width, type, material and location of all barriers of nonliving material: provided @ o. Location, dimensions and area of landscaping 'for freestanding signs: not provided Show alllandscaplng,'buildings, or other Improvements on adjacent property within five (5) feet of the common property line: not provided p. 6 16. Required screening of abutting residential and nonresidential uses: In order to maintain stability of residential areas, multiple-family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines (Type "A" Opaque Screen). Not provided. 17. Flood prone land and wetland preservation: N/A 18: Surface water management: provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21: Soil erosion, sedimentation control and estuary protection: provided 22: Additional considerations: Water and sewer are available and must connect. Ail Indian River County Utilities comments must be addressed and appropriate permits for connection must be obtained prior to construction. 23. City Engineer's review: Accepted as designed, subject to a Developers Agreement for a fair share contribution toward the construction of Powerllne Road (roadway, stormwater system, traffic slgnage, markings, etc.). 24. Preliminary Plat Matters: A preliminary plat has also been submitted for the subdivision of this site following the dimensional requirements of the townhouse development regulations in the RM-8 zoning district. a. Minimum lot size (prior to platting): 1 acre site is 12.78 acres b. Minimum interior lot size within the site: 1,875 SF minimum provided 2,200 SF c. Minimum interior lot width: 25 feet minimum provided 29.33 feet d. Minimum interior lot depth: 75 feet minimum provided 75 feet 7 @ @ e. Special regulations: control, development provided. Special regulations regarding access, unified standards, and common open space have been 25. Other Matters: Staff has determined that the proposed project will be required to pay a "fair share" contribution toward the construction of Powerline Road and associated improvements. A developers agreement is being negotiated between the applicant and the city in this regard. 26. Conclusion: The proposed townhouse deveiopment is consistent with the Comprehensive Plan, and the Land Development Code, with conditions as noted in staff recommendation. 27. Recommendation: Staff recommends approval of the Gables at Sebastian site plan and preliminary plat, with the following conditions: 1. Execution of a Developers Agreement for a monetary contribution toward the construction of Powerline Road (roadway, stormwater system, traffic signage, markings, etc.). 2. Tree survey as noted in the staff report, to be provided. 3. Revise landscape plan for perimeter landscape strip along west and south property lines to provide a Type "N opaque screen. 4. Approval of site plan by Indian River County Fire Department and Environmental Health Department. ~D~ r- /:3- OS DATE 8