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HomeMy WebLinkAbout11082006~~ SE„~ _ sT,~~~`N ~" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 8, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the meeting to order at 7:00 p.m. 2. Mayor Burkeen led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nate McCollum Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Police Lieutenant, Bob Lockhart Parks Superintendent, Chris McCarthy 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Burkeen said item 86, the Environmental Committee gopher tortoise report would be carried forward to the December 13th agenda; that New Business item 12D-the GFWC Sebastian Junior Women's Club 5K run request was withdrawn due to time constraints; and item 10A-MBV Engineering had been requested to be removed by the City Manager. Mayor Burkeen then requested addition of items under 16D#ii regarding car lot sales and 16D#iii Paradise Marina site plan. Regular City Council Meeting November 8, 2006 Page Two Ms. Coy requested addition of item 6D regarding the Clambake Foundation and an Old Business item 11 C regarding Treasure Coast League of Cities. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, the agenda was amended as requested on a voice vote of 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS 06.156 A. Proclamation -National Hospice Month -November -Sharon Broome, RN The Mayor read the proclamation and Sharon Broome accepted it. She then addressed the audience relative to VNA Hospice plans for an office in the City of Sebastian. 06.157 B. Proclamation -Perfect School Attendance -Robert Doerr SRHS Student 3 The Mayor read the proclamation and Robert Doerr accepted it while receiving a standing ovation. 06.158 C. Friends of the Sebastian River Presentation -Consider 100 Foot Buffer Zone 5-8 Along Sebastian River (Buzz Hermann E-Mail, Letter) Mr. Tim Glover, President of Friends of the Sebastian River reported on the their concerns for the need for the buffer, said he was aware that the City intends to look at this issue within its Land Development Code and urged that they move forward to protect the Sebastian River. Frank Weigel, Ercildoune Heights, said there are no hermit or fiddler crabs left along the Sebastian River, reported on his visit to St. Johns River Water Management District in Palm Bay regarding the fact that all other government agencies have a greater setback on the river than the City of Sebastian, and urged the City to do a lot more, suggesting the County requirements fora 100' setback be reviewed. He said the former Russell Grove property has now been purchased by the County for a park. Richard Baker, Pelican Island Audubon Society, said they support the Friends of the Sebastian River in their efforts, and urged the City to move forward with a 100-foot buffer. Ms. Coy requested that Council put this on the next agenda for discussion. The City Attorney said Council could discuss it and decide what it wants and then it would first need to go to Planning and Zoning for action. 2 Regular City Council Meeting November 8, 2006 Page Three In response to Mr. Neglia, the City Attorney said this was one of the changes to the LDC that was to be done after the adoption of the Comprehensive Land Use Plan revision, but it could be done sooner if Council so chooses. Ms. Coy asked if this could be placed on the next Planning and Zoning Commission meeting and City Council concurred. added item D. Sebastian Clambake Foundation 06.173 Anjani Grillo and John King, Sebastian Clambake Foundation members, distributed a letter thanking Council for their participation in the event and read it into the record (see letter attached). 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 City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. s-13 A. Approval of Minutes -October 24, 2006 Workshop 15-30 B. Approval of Minutes -October 25, 2006 Regular Meeting 06.159 C. Approve Expenditure of Forfeiture Funds to Purchase 18 LED Navigation 31-34 Lights from SRT Supply, St. Petersburg in the Amount of $6,035 - FS 932.7055 Requires Approval by Governing Body (PD Transmittal, Police Chief Letter, Telephone Price Quotes) 06.036 D. Resolution No. R-06-25 Adopting Fourth Quarter Budget Amendment for FY 35-81 2006 (Finance Transmittal, R-06-25, Memo, Capital Projects Status Report, Schedule of Investments, 4th Quarter Accomplishments, Operating Statement FY2006) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 06.160 E. Waive Procurement Procedures and Authorize Three Year 4th of July Fireworks 83-87 Agreement with Melrose Pyrotechnics, Inc. for 2007, 2008 and 2009 in the Amount of $13,250 Per Year (City Manager Transmittal, Proposed Agreements) 06.161 F. Approve Alcoholic Beverage Request for Areyan Wedding Reception at 89-94 Community Center and Allow Use after 11 pm on 12/2/06 from 1 pm to Midnight (Parks Transmittal 10/31/06, Application, Receipt) Regular City Council Meeting November 8, 2006 Page Four 06.162 G. Approve Alcoholic Beverage Request for Wilt Wedding Reception at Community s5-ss Center on 11/25/06 from 2 pm to 6 pm (Parks Transmittal 10/31/06, Application, Receipt) 06.110 H. Christmas Parade Street Closures for 12/2/06 Indian River Drive from South ~0~-~04 Intersection of Jefferson Street Along Indian River Drive to Main Street and Main Street from US 1 East Side of Indian River Drive from 4 pm Until Parade Leaves and From that Point South on Indian River Drive to Riverview Park as Parade Progresses Beginning at 6 pm Until Parade Passes -Also Sebastian Boulevard East of Gas Station to Indian River Drive from 6 pm to 9 pm for Staging of Floats -All Streets except Sebastian Boulevard Will Be Reopened as Parade Passes (City Clerk Transmittal, Map) Mr. McCollum removed item E. Mr. Paternoster removed item F. On a MOTION by Ms. Coy and SECOND by Mr. McCollum, items A, B, C, D, G, and H were approved on a roll call of 5-0. Item E -Melrose Contract for Fireworks Mr. McCollum noted for the record that he had contacted the City Attorney with an objection to the clause regarding cancellation being at the sole discretion of Melrose for weather related issues, and that an amended contract had been distributed prior to this meeting by the City Attorney with amended language (see attached. Mr. Neglia asked if the City could cancel this contract at anytime, and the City Attorney said they could do so for performance issues but not just because they wanted to. Mr. Paternoster asked what the liability limits were and it was noted that the revised contracts included a $5M liability clause. On MOTION by Mr. McCollum and SECOND by Mr. Neglia, the contract as amended and distributed tonight, was approved on a roll call vote of 5-0. Item F - Areyan Reauest for Community Center - A/B and After 11 pm Mr. Paternoster said he was concerned for an eleven-hour event. The Parks Supervisor said part of the time will be for set up and the wedding was planned to take place on the site. It was noted that there would be a police officer present as required. On MOTION by Mr. Neglia and SECOND by Ms. Coy, the request was approved as presented on a voice vote of 5-0. 4 Regular City Council Meeting November 8, 2006 Page Five 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.163 A. Tree Advisory Board 105-113 i. Review and Approve Champion Tree Designations for Presentation of Proclamations on November 18, 2006 at Champion Tree Clinic (Memo, Worksheets) On MOTION by Mr. McCollum and SECOND by Ms. Coy the Champion Tree designations were approved as presented on a voice vote of 5-0. 06.164 B. Environmental Advisory Committee i. Gopher Tortoise Update (no backup) This item was withdrawn during agenda modifications. It will be addressed at the December 13, 2006 meeting. 9. PUBLIC HEARING 06.165 A. Quasi-Judicial Public Hearing Resolution No. R-06-24 Bristol Lakes Preliminary Plat Approval (All Backup Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS BRISTOL LAKES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title. Mayor Burkeen requested disclosure of ex-parte communications. Ms. Coy said she had spoken to Palm Lakes Estates' residents. The Clerk swore in all who would provide factual testimony. Joe Schulke, Schulke, Stoddard and Biddle, addressed City Council on behalf of the applicant, briefly describing plans for the site. The Growth Management Manager gave a brief background on Planning and Zoning action on the site plan approval by Planning and Zoning (P & Z) on October 5, 2006, noting the site plan was approved subject to certain conditions as recommended by staff as well as additional conditions as set out by the Commission (see P & Z minutes dated 10/5/06 as well as the staff report within the agenda packet). Mr. Paternoster asked what type of fence was planned and Mr. Schulke responded it would be a vinyl or wood shadowbox type. Ms. Coy asked where the gopher tortoises are going, and John Miklaus, Biotech Consulting, said they would be relocated to an offsite recipient in Martin County. Ms. Coy said this was the best environmental report she had ever seen and thanked him. 5 Regular City Council Meeting November 8, 2006 Page Six Ms. Coy said she had met with a group from Palm Lake Club and they discussed the buffer area. She said she wanted to make sure that we do the right thing with landscaping for people who have looked at wilderness for so long, and to alleviate people's fears that others will be able to wander through the conservation area. She asked whether the applicant would install a vinyl fence for the entire area. Mr. Schulke was given the nod from the applicant that they would do this. Ms. Coy asked if there are waivers or variances required for this project and the Growth Management Manager said no; and she asked Mr. Schulke if he had problems working with P & Z and Growth Management Department staff on this project and he said he had not had any problems. Mr. McCollum noted circle page 27 and 164 regarding turn radius information for the fire district and Mr. Schulke said he had received approval from the district although written confirmation was not in the packet. In response to Mr. McCollum, Mr. Schulke described the traffic trips, and Mr. McCollum asked if the main entrance could be moved away from Park Place. Mr. Schulke said they located it where it is based on LDC requirements. Mr. McCollum said he had concerns and asked if a four way stop could be put in place. The Growth Management Director said the traffic committee could evaluate it. In response to Mr. McCollum's height elevation, the Growth Management Manager explained how height is measured by neighboring buildings within a 10-foot radius. In response to Mr. McCollum relative to setbacks, Mr. Schulke said the setbacks shown more than meet code requirements and meet the fire code requirement. 8:10 pm In response to Mayor Burkeen, Mr. Schulke said it is not an age restricted community; described the buffer on the Barber Street side; asked if the City hired a traffic consultant to which the Growth Management Director said a peer looked the traffic figure. In response to Mr. Neglia's concern for lots 1-6, Mr. Schulke said the whole north property line will have canopy trees, including an existing oak hammock, and pointed the property line out on display. Mr. Neglia asked if school concurrency has been considered on this and Mr. Schulke said a new school concurrency plan has not yet gone into effect, though he explained fees have to be paid for each unit for Indian River County schools and libraries. Mr. Neglia said he had a concern for lighting and Mr. Schulke explained that decorative lighting of 12 to 15 feet, not very bright, would be utilized and that they are committed to reducing any glare to adjacent property owners. 6 Regular City Council Meeting November 8, 2006 Page Seven Mr. Neglia said he liked the trees along Barber Street but had concerns about traffic on Barber Street and backups at the railroad tracks. He discussed saving oaks in the conservation area and Mr. Schulke said if they don't achieve an opaque feature in the hammock area they will have fence or add native vegetation. Pierre Paquette, owner of neighboring Palm Lake Club, gave testimony, which was factual so he was sworn by the City Clerk. He said Palm Lake Club are single family homes and this project is multi-family, two-story with a pool extremely close to a Palm Lake Club home which should be relocated, and noted headlights will be shining in their houses. He asked Council to think about this before they vote. Damien Gilliams asked if tree surveys were done on the property and if there were specimen oaks. Joe Schulke said he did not believe there are specimen oaks but more like scrubby oaks. Dale Simchick, 766 South Easy Street, expressed her concerns about egress onto Barber Street and increased traffic. She stated she would not want to see the City have to improve a road or put up a traffic light for a developer. She was also concerned about school concurrency, the possibility of a fire truck getting stuck in a cul-de-sac, and suggested a GPS for the gopher tortoise so they are sure to get all of them. Tom Patrell, 140 Aldea, said the Clerk was to notify him of this meeting and said that building a townhouse with 84 units is crazy. The City Clerk said for the record she had not spoken to him. Mayor Burkeen called recess at 8:35 p.m. and reconvened the meeting at 8:47 p.m. All members were present upon return. Bruce Barkett, attorney for the applicant, did not have any concerns to respond to. Mr. Neglia asked if the pool could be moved, and Mr. Schulke said the plans were in place and Mr. Barkett said it is not just 30 feet, and to try to change it now on the fly is not appropriate and not good engineering. Ms. Coy pointed out this is a small pool for the town home community. Mr. Schulke pointed out this is not a clubhouse, but two bathrooms and a pump house. Mr. Paternoster said the City Attorney has stated that this property is zoned for this type of development, however, he was concerned about the height of the buildings. The Growth Management Director addressed the turning radius for fire trucks, stating all permits will be double checked during the construction permit approval and she would make sure the fire department approval was in place, and as to tree preservation, she said the applicant has gone the extra mile. 7 Regular City Council Meeting November 8, 2006 Page Eight Mr. Paternoster asked if the City had a printed traffic study and he was told they are in chart form in the packet on page 120. Mr. McCollum said he reviewed an altered document on circle page 96 of the packet (see attached) and the traffic study does not take into place Park Place. He said he would not support the preliminary plat because of the entrance and until we receive written fire department approval. Ms. Coy pointed out plan sheet number 3 is the tree survey, and said she was also inclined to get answers to the traffic concerns, but noted that the applicant is trying to be a good neighbor. Mr. McCollum said if approved, this Council would not see this plan again until the project is completed at time of final plat. Ms. Coy said she was concerned about the building height, but the problem comes that this property is zoned for this and is allowed by code. She said we can ask them to make changes but we can't hold them to it as long as it meets code. She said she would rather wait for one more month and bring it back for all the answers. Mayor Burkeen agreed with the concerns about the pool, said he puts himself in the neighbors' shoes, noting his parents live in Park Place and that it is a nightmare getting in and out of there, and he would not able to vote yes tonight because of this issue. Mr. Neglia said he is concerned about traffic, the impact on schools, and would like us to do something about it. He asked if there was an intersection study done there and agreed that it should be brought back. Bruce Barkett said if Council would give the applicant a list of specific questions, they could address them. The Growth Management Director said the note on circle page 96 was her handwriting. Bruce Barkett said having trouble getting out of Park Place is not a problem of his client, and said we are here tonight to see if this plat complies with the City's rules. Mr. McCollum said he is not debating proper zoning or the right to build, but that the developer is asking for an intersection, and this is not a safe intersection . Mr. Schulke said there is already an intersection there and the City LDC requires him to line up entrances when possible. The City Attorney said it is in there to minimize the number of conflicts, and Mr. Schulke pointed out the Park Place traffic is included in the traffic study. 8 Regular City Council Meeting November 8, 2006 Page Nine A MOTION was made by Mayor Burkeen, with a SECOND by Mr. McCollum, to send it back to try to come up with alternative entrances to alleviate some possible hazards at the intersection. Mr. McCollum's SECOND included "sixty days" and written approval from the Fire Department as to the turn radius. The City Manager said sixty days would take us to the January 10, 2007 agenda. The City Attorney advised any alternative analysis requests would kick the applicant into a need for a variance and this motion implies the project has detriments so let's turn to the lesser of two evils. Ms. Coy said she would rather err on the side of safety but was concerned about curves. Roll call on the MOTION carried 5-0. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 06.166 A. MBV Engineering, Inc. -ROW Drainage Requirements (10/4/06 MBV Letter, 115-119 10/27/06 City Manager Letter, 10/30/06 MBV Letter, Proposed Plan Under Separate Cover) This item was removed during agenda modifications. B. Other Items 9:25 pm Ms. Coy read from Roberts Rules of Order regarding decorum, noting that the comments should be made to the chair and should not include personal attacks and added that there was a sign that was displayed by an audience member at the last meeting that had a vulgar connotation, and said we have the right to remove items such as this because we are being broadcast live. Joe Scozzari, Saddle Tramps, 1401 Thornhill Lane, Sebastian read from a prepared statement (which was not submitted for the record at the meeting by Mr. Scozzari), requesting an investigation into his allegations of legal offenses by certain city staff members involved in the Sebastian Clambake Foundation, Inc. which sponsors the annual Clambake Festival, and certain employees whom he alleged altered city codes and withheld Foundation records. He referenced specific laws and distributed a packet of documents to each member of Council (see attached). As he spoke he had pictures of clambake volunteers displayed. Mike Treglia, said the three kids he showed in one picture were good friends of his and they were all aware of each other's age for alcohol sales, and did not appreciate the treatment of clambake volunteers. Julie Scozzari spoke regarding her attempts and obstacles to obtain licensure for vendor sales at the clambake. 9 Regular City Council Meeting November 8, 2006 Page Ten Mr. McCollum said we need to have all the Clambake records in City Hall available for public record. Lisanne Monier stated the clambake was a wonderful event. She stated she was upset with Joe and Julie's remarks and she pointed out that she was able to stay licensed and operating in the City when her business received substantial hurricane damage. Damien Gilliams said the license issue should be looked into. 11. OLD BUSINESS 06.062 A. Move to Take Ordinance No. 0-06-15 Proposed Charter Amendment Question 121-~2s #7 from the Table for Discussion and Schedule a Second Public Hearing for December 13, 2006 (City Clerk Transmittal, 0-06-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIUMANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The Clerk provided 24 pages of charter information from other cities relative to this issue to the Council Members. (on file in the Office of the City Clerk) Mr. Paternoster said our Charter should state: The City shall maintain a police department for protection of our citizens and enforcement of our laws. It should also include the daily operations of the police department shall be overseen by a certified law enforcement officer who shall be named chief and who shall come under purview of the city manager. Mr. McCollum said he was concerned because what if contiguous counties need help and the charter only states the officer can only protect citizens. He pointed out that they could request back monies if the officers were sent to a hurricane site and not protecting the citizens. Mr. Paternoster agreed, but said that portion was given by the Charter Review Committee. Mr. Paternoster said it could be restated: The City shall maintain its own police department, with a certified police officer as chief to oversee daily operations under the purview of the city manager. He said he was trying to ensure the chief of police will be a certified officer. Mr. Paternoster clarified: The City of Sebastian will maintain it's own police department. The daily operations of said police department will be overseen by chief of police who will be a certified police officer. 10 Regular City Council Meeting November 8, 2006 Page Eleven Dale Simchick, Easy Street, said it is important that this language stays in. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, the language was amended to state "the City of Sebastian shall maintain its own Police Department, and daily operations of said police department will be overseen by chief of police" who will be a certified police officer who come under the purview of the city manager and another public hearing on the revised ordinance was scheduled for December 13, 2006 on a roll call vote of 5-0. 06.167 B. Back Out Parking on Indian River Drive (GMD Memo) 127-132 On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the meeting was extended to 11 pm to cover only items 11 B, 12A, 12B and 12C, on a voice vote of 5-0. The City Manager cited the Growth Management Director memo summarizing transactions of how P & Z reviewed the issue. He pointed out there is no answer, but the general consensus of P & Z is not to have back out parking. The Mayor stated he requested this because it was never really followed up on by council and he wanted everyone to be aware of P & Z's findings. He said he may bring back it back to the December 13, 2006 meeting for more discussion. added item C. Treasure Coast League of Cities 06.153 Ms Coy expressed her displeasure about finding out that the new Treasure Coast League of Cities meeting would take place at the Florida League of Cities conference in Orlando and no Sebastian Council members had planned to attend and they received late notice of this. 12. NEW BUSINESS 06.168 A. Authorize City Manager to Execute Department of Environmental Protection 133-179 Grant Agreement No. G0200 for Periwinkle Drive Stormwater Improvements - DEP Funding in the Amount of $313,000 and $250,000 City Funding Already in Budget (Engineering Transmittal, DEP Agreement) The City Manager presented the item for approval stating if approved, a request for proposal will be forthcoming. Bill Beauvais, 1711 Ocean Breeze asked what kind of a pond it will be citing mosquito concerns. The City Manager explained that will be part of the construction design and tonight's action is only for grant acceptance. He offered to get back with Mr. Beauvais. On MOTION by Mr. McCollum and SECOND by Mr. Paternoster the item was approved on a roll call vote of 5-0. 11 Regular City Council Meeting November 8, 2006 Page Twelve 06.169 B. Pete Harris 5K Benefit Run -Request Use of Large Pavilion at Riverview Park 181-182 and Approve Closing Indian River Drive from Harrison Street North to Jackson Street from 6:30 am to 8 am on January 13, 2007 (City Manager Transmittal, Dunphey Letter) On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the item was approved on a roll call vote of 5-0. 06.170 C. Sebastian Soccer Association 5K Run -Request Use of Large Pavilion at 183-187 Riverview Park and Approve Closing Indian River Drive from Harrison Street North to Jackson Street from 6:30 am to 9:00 am on February 3, 2007 for (Application, Info) On MOTION by Mr. Neglia and SECOND by Ms. Coy the item was approved on a roll call vote of 5-0. 06.171 D. Sebastian Junior Women's and Sebastian Women's Club Request for 5K Reindeer Run Consider GFWC -on Indian River Drive on December 2, 2006 (No Backup) This item was pulled from consideration. Time Sensitive Matters Ms. Coy invited the public to attend the Veterans Day Celebration at the Park Saturday at 11:00 am. In keeping the time extension motion, the meeting was adjourned at 10:37 p.m. The following items will be carried forward to the December 13~', 2006 Regular City Council meeting: 13. CITY ATTORNEY MATTERS 06.172 A. Report on Building Height in Riverfront District (No Backup) 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Paternoster B. Mr. Neglia 12 Regular City Council Meeting November 8, 2006 Page Thirteen C. Mr. McCollum D. Mayor Burkeen 06.173 i. City Clambake Expenditure Review (Finance Director Memo) added item - 06.174 ii. Car Lot Sales added item - 06.142 iii. Paradise Marina Site Plan E. Ms. Coy 17. ADJOURN Approved at the January 10, 2007 Regular City Council Meeting. /~ Brian S. Burkeen, Mayor A r ~`'~j i / ~_ Sally A. Mai, MMC -City Clerk 13 rlhe Sebastian Clambake Foundation, Inc. a Florida not-for-profit corporation sebastianclambake@hotmail.eorn Organizers of the World Famous . . SEBASTIAN CLAMBAKE LAGOON FESTIVAL November 8, 2006 Dear Brian, Andrea, Sal, Al and Nate: As Chairman of the Board of Directors and President, respectively, of The Sebastian Clambake Foundation, Inc., and its Festival Committee, we want to thank you for your individual efforts in supporting this worthwhile event. It would have been very easy for you to point to the sizeable and vital support that the City as a body provides to this community celebration of our way of life and, justifiably, say you had done your share. Instead, you joined in with your fellow citizens to sacrifice and risk, maybe not life, probably limb, definitely back muscles and feet, and in the case of Mayor Burkeen, taste buds, to create an event that makes us all proud. You went above and beyond. You displayed leadership. We want you to know that it is appreciated. Thank you. Respectfully, John King, Chairman ~~f ~~ Anja i Grillo, President r ~~ MOTORISE' DESIGN Traffic/TrarasPortatiorc eonsuttartts TRIP GENERATION r the ~'fied in ; Enginee AVERAGE DAILY TRAFFIC 85 Townhouses T =(5.86)(x) = 50504 daily trips AFTERNOON PEAK HOUR ~~ urs~ n ~ xiung CIISLrIDUi S +Seventh ~ ~, , ~ .y- following is a summary of the trip a `~ ~~ C~ ' ~ ~ ~ L ~" ~ f %~~~.~ 85 Townhouses to = (0.52}{x) = 45 peak hour trips {67% in ! 33% out) (30 entering / 15 exiting} 4 _~ -_.. ___ ....,,,, ,.~ ~,,,,,,~ ,~„ vv .e~, yiyr~,ti-6ta t~'~Ue7' LT. J2GZLB tJ- ,M$rJZtt ~st~?bCJy FL 3295 - e-ncaid: motoristdesig~,®aot.co7n -voice: 321-459-2905 -fax; 32~-459-202 ./~, ~. 'l ~'i ~ GO~Z~ 1 D.,...n ~ ~~'! saddletram s bb4b.com __.__._.._._ From; "wally Maia" <smaia(c~cityofsebastian.arg> 70; <jgupp(~bybiker•s4bikers.cam> D,~; "Alfred Minner" <aminner(~cityofsebastian.org>; "Rich Stringer" <rstringer~cityafsebastian.org>; "Donna Cyr" <dcyr(c~cityofsebastian.org>; "Shai Francis" <sfrancis@cityafsebastian.org> Sent: Tuesday, October 31, 2006 1:04 PM Subject: FW: applications for vedors that will be in the clambake Mr. Scozzari - While I appreciate your concern, please understand that we are trying to provide you with everything we have in our records relative to the Clambake Festival. As City Clerk I am the Records Management liaison Officer between the City and the State of Florida and I am bound to follow Florida rf,~cords law, which includes providing you with copies of documents as requested by you if such records exist. I can only give you what we have. As Donna, who is the Records Program Manager, has stated to you, we have put out your request for information to appropriate departments and we have receiued information from the Finance Department as to payments for personnel, salaries of Mr. Stringer and Ms. King, and payments for advertising. They will also provide payment information for transparatian services. These are all listed as responsibilities of the City in the agreement for the Clambake. You now ask for vendor applications and temporary licenses and proof of uisurance for vendors. To my knowledge, there are no such records which exist for this event within City of Sebastian public rewords. As to applications for the pavillian and use of Riverview park, I believe those applications are not required of this event because the use of the park is spelled out in the ten year agreement between the City and the Clambake Foundation. Yau may obtain the records Donna has far you prior to your meeting with City administration this afternoon. Sally Maio, City Clerk _____Original Message_____ ti ~'` From: Donna Garr Sent: Tuesday, October 31, 2006 11:32 AM To: Sally Malo subject; FW: appUcations for vedors that will be in the clambake _--_Qriginal Message_____ From: saddletramps bb4b.com [mailto:jguppQrbybikers4bikers.comj Sent: Saturday, September 30, 2006 11:06 AM To: Donna Cyr Subject: applications far vedors that will be in the clambake please provide applications or documents to show that each vendor that will be in the clambake has been approved for temporary city of sebastian license do conduct business in city limits and proof of insurance which covers both the vendors as well as the people that enter there booths 9/30/2006 ~~t~f;,.~,~~•~tj. ~~iden~~ ~f angag~ng ~n ~~~iitl~s~. 1 -.; ~rdvertisement of any business by sign, n '+f~:~l rr~, r, rrr~. Alcr:~ine, fieiephone listing, ar other }~uk~iic rrr:~ticc: shah be conclusive evidence of the eng<,~~~int~ ir; a,~wi ;~srrry~ing ;ar of the business in th€~~ ci~y sra ~,clv~;rtised and shall be required to obtain an ou~~u~,~rti~~rr;~~ i'sc:EMrr:~c;. ~~rc~. C~c~. t~-•~5-11, ~ ~, G-1~-`:35; ~?rd, ~~o. ;~q-G1~-(3, ,~ ~, ~1. s;-;~t~)~'t~l ~~~. 3~w'7. ~xr~rnpti®n~. Any person entitled to exemption under the la~t~~s of the ~t~;rte of Florida sl~rail be exerrrpt frar~r payn`rer7t ref fee to the city, If a fee exerrlption provisior°r r~pplie:~, a lic~:nse must sti11 be applied far and ~ f.~prove.cl. (1 } Veterans must be at least tan perc~:rlt disabled to qualify for exemption. F~owevar, in na case shall a person t>e entitled to err exerr~rption irr excess of $50.Of~. (~) i~otfring in tl~ris article shall be construes tra require any fanner to procure a iie;er7se to sell farrrr, aqua cultural, grove, hor°ticuitural, floricultural, tropical piscultural or tropical fish farm products, ar pradr.rcts rr~ranufac;tured therefrom, except intoxicating liquors, wine ar deer, within the cityf, if such products were drawn ar produced by such fanner within thew: state. (;~) Rte license shall be required of any charitable, religious, fraternal, youth, civic, service ar other such organization when the proceeds are used exclusively tar the crrganizatiorr. (~1) Any persarr engaging in or managing a tusiness, profession ar accrrpatian regulated by the department of business and professional regulation who has a permanent business location or branch offir..c; c~ratside the c.ifiy, who has paid rrn occupational license tax for tl7e current year to tiro county ar municipality where such permanent business 6oc;atiarr ar bra-~ch offices rrraintained, and who performs work or services in the city an only a tPmparar~~ ar transitory basis shad be exempt frorrr tl°rc; provisions of the arti~,le. (~rrt. too. ~._c~5.,11, ~ 1, Ea-1~t-g~,; ~~rd. trio. ~)-~r1-C7Ft, 1, ~-~5-;1f~(}1} ~er~. Qw3~. Renewal nc~ticea9 n~nreo°spt cal' n~tas~e ~~ cl!~fense, The director of finance shall send ar.rt annual renewal natives to all holders of err occupational license no later than August 1. Failure try receive such notice viii not be considered a justifiable def~:rrse fern nonpayment of eny fee ar- Ic:~t, fr;€. (C>rd. fro. (.~?°.85._11, ~ '1 ., r-1~ng5; ord. l~r~. C~..r~1-fir. ~; 1, .~-~ a-•~g(71) dec. sta. ~~aty ~~ ~~arag agents rprat6~ny ~nc~t~iat Iia.b~laty. It shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the previsions of this article and all officers of any corporation required by this article to be licensed shall be personally subject to the penalties imposed by this article where any corporation fails to pay th+`: fee and obtain a license r-squired ~y this artiric. It shah be the responsibility of any real estate agency, brokerage hawse, ur ether firm of ar-ry desc°ription to ensnare that each agent, salesperson or broker affiliated with such firm corrrplies will°r tirrrely payment of the ir°rdividual tax as specified in this artiaie. Failure to rf~~ so will subject the firrr~r tc; fines as rrray be imposed by this C;rrd r. ~ oe 1G i0 ~0,'~'.(?trot ~:~~ ri'~ ~ Division of Corporations http://sunbiz.org/scripts/ficidet.zxe?action=DETRF~~~docnum=6032... Fln~?irf~~ T~C'I~'r~'r~r~T~ril; cif S,~r7tc'. ,~?~;~+i~;~'~^a~ ~*! f~'t~~•~~~7a`rtl~•~?~re ~. r ~ t~ ~,-~~,~ DRAPERY BY JULIE 1401 THORNHILL LN. SEBASTIAN, FL 32958 Document Number 603234700182 Status ACTIVE Date Filed 08/22/2003 Expiration Date 12/31 /2008 Current Owners 000000001 Total Pages Events Filed 000000001 000000000 No Filing History Previous on List Return to Name List Owner Information County INDIAN RIVER FEI Number NONE Next on List Name & Address FEI Number ~ Charter Number SCOZZARI. JULIA U 1401 THORNHILL LN. -0000000 ~ NONE SEBASTIAN, FL 32958 Document Images Listed below are the images available for this filing. 603234700182 -- 08/22/2003 -- REGISTRATION THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Fic'f-il-c~t.~~'\T~-~tt~E' Trtc~i.~lrr,. Fic-~izc~tt5 Nan~p H~l~ 1 of 1 11/8/2006 3:36 PM Division ofCorrerations a http:;;'sunUiz.org~~scripts/cordet.exe?a1=DETFIL&n 1=L04000042856... ~, r FFor~~!a T?~zT~~'h~rc~r~! E?,~StcTt~. ~-~t~~~r;7~1 ,~{l,~',,rf~,~~~~~~i~~~"c Y .i,.: ~ ~ q, g . ,~ s { ~ f a ~ d ~ ~' ~ r u ~ 7t~zr*~~t~.sfltA~l?.nr~ ~~ Florida Limited Liability BB4B PUBLISHING LLC PRINCIPAL ADDRESS 1401 THORNHILL LN. SEBASTIAN FL 32958 Changed 10/10/2006 MAILING ADDRESS 1401 THORNHILL LANE SEBASTIAN FL 32958 Document Number FEI Number L04000042856 134282212 State Status FL ACTIVE Last Event Event Date Filed REINSTATEMENT 10/10/2006 Total Contribution 0.00 Registered Agent Date Filed 06/08/2004 Effective Date NONE Event Effective Date NONE _ __ ___ Name & Address _ _ SCOZZARI. JOSEPH L i 1401 THORNHIL,L L,N. SEBASTIAN PL 32958 ~~~ u Name Changed: 10/10/2006 Address Changed: ! 0/ 10/2006 Manager/Member DEtail Name & Address P Title I 1 of 2 11!8/2006 3:38 PM Division of Corporations http:;/sunL~iz.org/scripts/cordet.exe?aI=DETT'll_&n1=L0400004~2856... SCOZZ.ARI, JOSEPH 1401 THORNHILL LANE MGR SEBASTIAN FL 32958 Annual Reports Report Year Filed_Date ~ v- 2005 ----- 06/30/2005 --- ~ 2006 10/ 10/2006 Previous Filing Return to List Next Filing View Events No Name History Information Document Images Listed below are the images available for this filing. 10/10/2006 -- REINSTATEMENT 06/30/2005 -- ANNUAL REPORT 06/08/2004 -- Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Coxp~ratYOns n9urY Corporations i~Ielp 2 of 2 11 /8/2006 3:38 PM Page 1 of 1 saddletramps bb4b.com From: "Alfred Minner" <aminner@cityofsebastian.org> To: <jgupp cLDbybikers4bikers.com> Cc: "council" <council@cityofsebastian.org>; "Rebecca Grohall" <RGrohall@cityofsebastian.org>; "Rich Stringer" <rtringer@cityofsebastian.org>; "Sally Maio" <smaio@cityofsebastian.org> Sent: Wednesday, November 08, 2006 1:55 PM Subject: Scozzari Home Occupation License Response Dear Joe and Julie Scozzari: This is in response to your request for a written statement from the City of Sebastian regarding your petition to renew your 2003 home occupation license application. First and foremost, you are not being denied the right to apply for a new home occupational license. The City is more than willing to process such a request and the cost is $150.00. Upon approval of the home occupation license, the petitioner must apply for a business license. The business license fee is $66.00. The purpose of the two-step process is that a home occupation license is a regulated use placing special restrictions on the ability to conduct business in a residential area; thereby protecting the integrity, value and sanctity of the residential neighborhoods of the community. As such a home occupation licenses requires additional administrative review and approval. Directly concerning your situation, you have requested that a home occupation license be "renewed" from an application you made in August 2003. After that request was approved, you did not apply for, or receive a business license. Now that other circumstances have transpired, you are requesting that the City re-new your old home occupation license application. The position of the City has consistently been that the August 2003 home occupation license is expired and you are required to re-apply. The reasons for this position are as follows: 1. DIFFERENT HOME OCCUPATION REQUEST: In your application of August 2003, you requested a home occupation to pertorm the following operation, "fabricate custom window treatments, pillows, cushions". To my understanding you are now requesting a home occupation to conduct the business portion of a "peddling" or merchandising operation. Even if the City could validate the old 2003 license, the operations are different and require a new licensing process. 2. ADDRESS OF CONVENIENCE: It is common to have a home occupation to "house" a business location. In this situation, a home occupation was applied for in 2003 and in June 2005, a business in your name was opened in a business district. Since a business was opened in the appropriate location, it is reasonable to consider that the home occupation was abandoned because an address of convenience was no longer required. Further, if you no longer have a business in the business district, you would be required to get a home occupation license if the use is applicable to said regulations. 3. EXPIRATION: In and of itself, home occupations are conditional uses, because they are issued on the premise that the business conducted in the residential area are similar in nature to activities that occur in the "home" and will not be detrimental to the residential environment. For this reason home occupation licensing has special, strict regulations. Hence, it is reasonable to infer that should a use not take place within 12 months of ratification, the use expires. Since the 2003 home occupation license was not used, it expired after 12 months of inactivity. Please consider this the final administrative action in this regard for any appeal rights you may have. Respectfully, AI Minner City Manager City of Sebastian 11/8/2006 ,~, 1~, ,, ,~ ~ Y-J(.. (l .~~ _ _._ _ 1 `~ :ty ~ b~~t~~~ i ;3Uf2POSfw qF APPLICAT1gN: / iF NqT A N£W APPLICANT: ` CURRENT-CITY UC£N5E NO. i_- __~__~___ y~ New auslNFS CHANGE OF LgCAT10N fl BU$lMES$ TELEpHgtdE NO. CHANGE CF NAME [; CHANG': OFOWtdf:RSHip Ci IF STATELIC[NS>:U: AT7:4CtfACC3PYOF i RENEWAL [7 C!1/dR£NTt./CF_NSE: CHANGE OF INFORMATtON: Ca7TiaretiW7 Naf77C Malling Address n Otlier_~~_.____....._.___.0 _._,. ~ t f3USINESSNAME,___L.~,_-.T_e5~.,,.~1~.L __,~.1 c~ 1~.-..___.__~~~___.__.~-~..~__~~~_--_~~.--~....__ -____ cffbfa . __..-. ftU$INE3S AgDRE:iS: t / Stroet._L_.L'__'___._~P.C~_~t~t1' C_-ti.a______Sebastlan,Ft..32960 State/BeyfUnttNa.___'~. _ .__._._._... -..__.__-. ...__...._____.._. t3ulldin31PlareNtime_'~`.r'~__-._.___._____ ____.~_..~_ F-M;ili Addrosa: rfAlLlydG ACORESS (If d#fierent fmm buabiese address); P.Q. Batt city Stato Zlp NATURE OF BUSINESS (VLEStBF. Btt'BPPCIt7Ck -_..d'=~'Sd f"'..6~^"~-..___(~- r_.~ ~_ ~O w,. t.a;i_ t in,,,_ ~ .a~.1 (-'ces.'v'"6~~eh.7t' , CIt~CLE UN~( BUSINESS OVt~ER'` MANAGER GONTRACTOR ! QUALIFIER BROKER OF REGORO RE415TERE0 AGENT T~ - Owner / gpplbanL• (If eppitaant Is other than tlio owner(s) a IIs4 of awnor(s) mua! be attached- Hamo addrvaa(a) and Telophona Numbar(sj must ri inciudod. NAME .-~ s~--1 i ~~.___ .~ ~_.'~?.~ p ~.,'~. r i __ _.____.-_---- _ Ha E T><L~PHON~ Nq. ~ 7 2 -_ ~S ~~ g' HgM~Anoftees ~(f4/ "~a:~ ~; ~~ ~-~cITY `'~ ~~a ~'~•.~.___sTAT~._,-~~___ztPeogE~'2.~',5~~' gf2iVER'SLiCENSL-"NO. STATES SOCIAL SECURITY NO. ~~ CIRCLE ONE SOLEPROPRIE74R8HIP CORPORATION OTHER-----.^.-----.__..~____._._~__._--__--_-..--.-_ F£OEf2AL ERff'LOYEE t. D. Nq. T___-~ ~~, 7'ax itaplatration Nv. `_-~~.. IF THE BUSINESS IS A GORPORATION, ATTACN A COPY OF'fHE GORPORATE REOISTRATiON, ANO A LIST OF dFFiCERB (tnaluda nddresses). SF TI2E i7U51NE5S NAME IS FICTITIOUS, ATT/',Chl A COPY OF THE FiC7'f i1OUS NAME REGISTRA7IUN. Squaro footago: TO"iAL _..__.. __T_..__ ._.____.._, OFFICE SPACE __._ _.__.____ __ _ _-._-.--- STORAGE ,_--,--..____-e.___ OTHER CCJM4U6trFtCiAL ~.CD~A~'~~'}IVS ArayauahaNngoffic~apaoo? Yea-___ Nu_~ if yes, nanoatbuslriesa..._ _._.--____..._--_._--.__-__.__._.._~.__~--__---._.__._~_____.._..._.__-._ IathlaaBrenchCNRan?Yraa_.__.No ._Nyas,addroasofrAainOffice: __. ._._...____.__.___--City__^___.~_~-StuTrs-___,-7_1P_-._.__ If change of address, previous address: __~___ .._____.___. ______ _ .__ _ Whatwastiielaat bualnosaatth{abcntlonY -_-.-_-^'~~'~ _,_.___-, _ Hevs you ever had a City goaupstbnal Llrsnee befar®? Nyan, Nnrnn of t3uslnoea: _,y~,.-_,,__._~____-._~_ ~_____-_.__________._ ._ __ Any th;rres erry Intorior f gxtvrior ukoratJvns tv be performed prior tv vacupnncy? YES _-_ NO ~ /ryes, dsaeribe _...,_..~.-.. ___~_,_.___-_.___-_--_-_-.__,_.._.____.T__._____._..~..__._____-_----`-._BulidirittPorrnkNo,_____ _.___.._~__. _--_--_-. Any use or storage of FLAMMABLE OR E=XPLOSIVE MATERIALS? YFS ,____-- NO . /~ / 4Yharo will materials acid equlpmeri4 ba atvrud'd _,~hi n Commaroisd Bulidinp ~ Outside bulldlnp (p/vo d©t®!!aJ EA7lNti ESTABU$MMENTB: Number of SesW "" t'tA$gUN£ SERVICE STATigrdu: Number n4 Pumfae ___~_.J`=-~__.-_ SAF28ER / SEAUTY (NAIL SALON: No. of Chairelfitatkms _____-_r___.._ WILL CHAIRS /STATIONS BE LEASEq? VES__ __-. NO _~__._ Will you have retell oalas? Y£9 ___ __ Nq Alarm Company Nama F f'hoiia Nurnhor t:marpencyCankcict(AftearHaurv): _N_ HQMM~OC~~UP t NA{. ~.ICENSES Quantity, makeand modal of vohlols(a) to be used for the business _~,--[_ ~~T_. _fa.',s~~ ~v 1 4 tom, c~,_ Size of utll#ty trniler (lanc~tte roc! halpht) __._.___.._.______._._._.__._,_._.._.__.~-. or wlzo v4 bowt (length) it associated with business. If a utility traliac or boat {s aasoeiatod with ttie business where vAli vehtofos be Parked? ._. ~..___,__.___-____ __ _~_.____._.~__ _____.,____.. _ How will vehicles be soreensd? (CanNnund an RnvnrsoJ h ~ - 1 f" M A'SkX'w~. ~ it %`.`;"'. ..+.:;a . J. . ti:~ cG`t,: 1.~r, a .. -_.~'_ `~' r k'1 O U ~ 4 • // ~, ~ . h~ ~^i '1 ~ f/~ . ~ v V .. .~.. QI ~ W O ~ • ~ ~ ~~ ~ ~ ` ~ o MJ ~ ~ , ~ ~ O' > • ~ . O ~ ~ ~ ~ ~ O (~ }~ ~~ V is ~ -*~ ~ ~ 4) 'n ~ v ; -~.~ ., V ~ N •`: ~. - ~~ ~ ~ ~' t dd • T ~" 1 q J.+ ~ cd ^ U ai p . a~ ~ ~ ~ ~ - , i ~ O r SJ ~ a~ ~ ~J `~ ~ I ~ Al A ~iJ v-. o r~ V 1 ~`~ °' Q i f,, a r- f. E C ~~ ;. Fug., :' :~~~..,~~~~f~~~°~~'*..''+~~ .. ". ..,`, .. .,., °~. ~~T`pF()R-~~~~=~lA ~C71~~''~J~"~'i~iV ~N[~ ~. ~' FtLEE~ Aug 15, 2006 J ~~C7~~~NiEt~T# N®20070®03434 .~ ~ Secrefary Qf State Brtity game: TFiE SEBASTIAN CLAMBAKE FOUNDATION, INC. Current Principal Place of Business: 356 CONCHA DRIVE SI=BASTIAI~, FL 32958 Current Mailing Address: 356 CONCHA DRNE SEBASTIAN, FL 32958.. lVew Principal Place of Business: 1225 MAIf'J STREET SEBASTIAN, FL 32958 New Mailing, Address: 1225 MAifU STREET SEBASTk,RN, FL 3295$ FEI Number: FEt Number Applied For () FEI Number Not Applicable (X) Certificate of Status Faeasrred ( ) M accordance with s. 607.193(2xb), f.g., the eorpors~ion did not receive the prior notice. Ntame and Address of Current Registered Agent: Name. and Address of New Registered Agen#: STRINGER, RICH 3r56 GHA t~R1VE. SEBASTIAN, FL 8295$ US STRkNGER, RICH 9225 t~JAJN STF~I=ET SEBASTIAN, FL 32958 115. The above nam>1d amity submits this statement for the purpose of ahangnq kts registered office or registertsti agent, or both, in the State of Florida: SIG NATURE: 08/15/2006 Electronic Signature of Registered Agent Date OFFICERS AND DIRECTtJRS: ADDITIQNStCHANGES TQ QfFICERS AND DIRECTBRS: Title: PD O Delete Tula; P (X) Change O Addition Name: STRINGER, RICH Name: GIRILLO, ANJANI Address: 358 CONCHA DRIVE Address; 11155 ROSELAND ROAD City-St-Zip: SEBASTIAN, FL 32958 City-St-Zlp; SEBASTIAIJ, FL 32958 - Tide: VPD ODelete Title: CHD (X) Change {)Addition Name: KING, JOHN Name: KING, JOHN Address: 845 SEBAT)AN BLVD !>`ddress. 845 SEBATRAN BLVD Gity-St-Zip; SEBASTIAN, FL 32958 City-St-Zip: SEBASTIAN, FL 3295$ Title: TD ODelete Title: T (X) Change {)Addition Name: KING, JAN .Hams: KING, JAN Address: 1225 MAIN STREET Address: 1225 MAIN STREET City-St-Zip: SEBASTIAN, FL 32958 Gity-St-Zip: SEBASTIAN, FL 32958 Title: D ()Delete Tdle: VP (X) Chan ()Addition Name: NEGLIA, SAL Nart~l+,: VEIRT, NANCY Address: 1225 MAIN STREET lf'aa~: 1225 MAIN STREET Clty-St-Zip: SEBASTIAN, FL 32958 Ctky-St-Zip: SEBASTIAN, FL 32958 Title: D ODelete Title: D (X) Change O Adcli'ion Name: wALDIS, MARILYN Name: STRINGER, RICH Address: 818 US HWY 1 Address: 1225 MAIN STREET Clty-St-Zip: SEBASTIAN, FL 32958 City-St-Zip: SEBASTIAN, FL 32958 Title: D (X) Delete Title: (}Change OAddition Name: FITZPATRICK, CINDY Name: Address: 1738 INDIAN RIVER DRIVE Address: City-St-Zip: SEBASTIAN, FL 32958 City-St-Zip: I hereby certify that the information supplied with thks filing. does not QuY for the for the exemption uteri kn Chapter 119, Florida Statutes. I further certify that the information indicated on this rle~a(~# or suppiernental r~ptsrt Is true and accurate and that my electronic signature shall have the same Iega1 effect as if made under oa~tt; that I am an oi'ficer or director of the corporation or the receiver or trustee empowered to execute this report as requkred by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other Ifke empowered. SIGNATURE: RICH STRINGER D 08!15!2006 Electronic Signature of Skgning Officer or Director Date pats; 1 n/30/06 To: Rich Stringer, Cirfy Attorney Shai Francis, finance t7irector 1"rom: gonna W##liarns-Cyr Records Program Manager CC: A# Minner, City Manager Sa##y Maio, C#ty C#erk Ra: Public R~acorda R~rquest The Clff#ce of the City C#erk has received a public records request ay ,Joseph scozzari, in accordance with Chapter 119 F,S,, as fol#oovS: pear Sirs, Pisses forward a copy of any contract, corx~mltment or agresm+~nt that hyas bean issued by the city of Sebastian to the clambake committee and or its agents. t,'p~4;' ~3~30:#° r.A~i .~i.~z¢~`~'~iC~e '~" i l ~~tr'S Pisses include any insurance certificate that has been provided by the clambake committee. " ~,,is'"?': ~,:•t'~iffiiir~'~. Pisses list ail principals involved with the clambake and their affiliation with the city of .~-. E?bastian. ° '~ hr ?"' i? k ~4;R`$., tt; t ~... ~`• z, '+~~ !' ~ ,~~? ~~': ~r3z~t:-~, `~. Pl+~ase forward a copy of the nonprofit status or certificate of "nonprofit" or "not for profit" organization tha# was provided to the city at the time any contract was issu~ad by the city of Sebastian to utiilize city. property and or funds #or this special E~v~nt. ~~~}: ~;3 ~f.}¢ fpf"k+~ °12~»~":°. t~ ,..t.)~,+}', ~' Pi+~ass include a copy of ail fees paid to the city for use of the property or any such bond that was extended to the city for the use of Sebastian city facilities, Plsass include, ya, copy any occupational license granted to the clambake entity to operate within the city of Sebastian. .. '~°6~,:; ;".' ~ 1 +~~~, f~d~-0 4'7 C.r s' ~"i a'~`,f f' v, r. ',..'s ~'k `'~, Public records law requir+~s immediate production to the extent feasible, Should any redaction be required for any pert of a record that is deemed to be exempt, we will redact the exemptcad information on the record copy prior to providing the copy to the requestr.~r. (9) Pubtio raeorde" means at! etocuments. papers, letters, maps, books, tapes, photographs, titms, sound rar~ardings, fists proaessing software, or other mstaNal, regardless of the physical form, characteristics, or means of Transmission, rnatis r~r reralved pursuant to 1a-s~ r,~r arcllnanr~ or !n r..onnectfon with the transactlun of ph9Glat business by any agency ~ / _. '' ~I r , ~ f1., ~,~'~ L Q~36, ~vidance oaf engaging in bu$inesaa the advertisement of any business by sign, ne+ers~~fit~r~>r, rrr~,ataauii~E;. t~~i.~pl~ar~e listing, or ether ~,~ ~lir;. notice shall be conclusive evidence of the eng~:~rainG~ in and retrying ar° cal the business in the .;~~~~ .;r~ advertised and shall be required to obtain an o~ ~aapational iices,~r=. 't~,r~~. Eta. ~~9~-11, § 'i, ~-14-95; C7rd. ~Jo. J-0~-t7£3, ~ ~, 4-~:a-~:~Q~t) r~r::: ~Ctw~7. Exernptians. Any persan entitled to exemption under the laws of the Mate of Florida shall be exempt from payrr~ent of fee to the city, 1f a #ee exemption provision app#ies, a license must still be applied for and approved. (1) lteterans must be at beast ten percent disabled to qualifiy for exemption. However, in no case shall a person be entitled to an exemption in excess ofi $50.gQ. (2) Nothing in this article shall be construed to require any farmer to procure a license to sell farm, aqua cultural, grove, horticultural, floricultural, tropical piscutturai or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine or beer, within the city, if such products were grown or produced by such farmer within the state. '"° No Incense shall be required of any charitab4e, religious, fraternal, youth, civic, ,.~ s+srvice ar ether such organizatian when ~.t,¢~ pr~c~~°,eed:~ are u~:ed exclusively f~:r 4t~e c~rgani~atir~r~, (4) Any persan engaging in or rrEanaging a business, profession or occupation regulated by the department of business and prafessiana! regulation who has a permanent business location or branch office outside the city, who has paid an '' occupatiana! license tax for the current year to the county or municipality where such permanent business location ar branch offices maintained, and who performs work or services in the city on only a temporary or transitory basis shall be exempt from the provisions of the article. (C~rd. Na. ~-9~-11, § °l , Q-14Tfl5; ord. No. ~-(?1 _pg 7 , 4-~-2Qg 1) Sec. 30-3t3. Renewal notices; nonreceipt of notice no defense. "T'he director of finance shall send out annual renewal notices to all holders ofi an occupational license no later than August 1, 1=allure to receive sue#-4 notice will not be considered a justifiable defense for nonpayment cf any fee ar late fee. (G}rd. No. t~~95-11, § 1, 6,.1 ~-g~; turd. Nc~. C7-01-08, § 1, Q--25-Q01) dec. 3Q-39. Duty of Officers, agents of +corporation, individual liability. It shall be the duty of all officers and agents of any corporation to ensure that such corporation corrrplies with the provisions of this article and ail officers of any carparation required by this article to be licensed shall be personally subject to the penalties imposed by this article where any carparation fails trs pay the fee and obtain a license required by this article. It shall be the responsibility ofi any real estate agency, brokerage house, ar other firm of any description to ensure that each agent, salesperson or broker affiliated with such firm complies with timely payment of the individual tax as r>pecified in this article. Failure to da so will s+~b)ect the firm to fines as may be impaled by this bode. S~fIF, ~i~ison o~ Corporations http://sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1=N~J2000003434... P ~~i ~'T!• 1~' v ~'~? t ~ e . ~, F~~da I'~on i'rofit TIE SEBASTIAN CLAMBAKE FOUNDATION, INC. PRINCIPAL ADDRESS 1225 MAIN STREET SEBASTIAN FL 32958 Changed O8/15/2006 MAILING ADDRESS 1225 MAIN STREET SEBASTIAN FL 32958 Changed 08/15/2006 Document Number FED Number N02000003434 1~/AE State Status FL ACTIVE Last Event Event Date Filed REINSTATEMENT 10/25/2005 Date Filed osro~r2oo2 Effective Date 04/30/2002 Event Effective Date NONE Name & Address STRINGER, RICH 1225 MAIN STREET SEBASTIAN FL 32958 Address Changed: 08/15/2006 afficer/Director Detail Name & Address Title CIRILL4, ANIANI I I ISS RASELAND ROAD P SEBASTIAN FL 32958 1 oft iil7/2046 12~19'PM Did ision of Corporations http://sunbiz.org/scripts/cordet.exe?a 1=DETFII.&n1=N02000003434,.. KING, IQHN 945"SEBATIAN BLVD CHD SIrI~ASTIAN FI, 32958 KING, IAN i223 MAIN STREET T S)BASTIAN FL 32958 vEIDT, NANO' 12251V1A1N STREET VP SEBASTIAN FL 32938 STRINGER, RICH 12'25 MAIN STREET D SEBASTIAN i'L 32958 ~n~~a~ Ike its Report XeAr Filed Date 2Qea ~25r~3 2005 10/25/2005 20Afi 08/I3/2006 Previous Filing ` Retum to fist _ 'Next fitin View Events ~4 Name ~~ InfQ~n~tivn i~OCUment images Listed below are the images-auaiiable fvr this filing. cis/1 sr~o06 --ANNUAL, REPaRT 1.0/25/2005 -- REINSTATEMENT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .r, ~ its " ~~ ~~:~.~ , . ~~ }s ~ , s s< ~ .~ 2 of 2 11/7/200612:19 PM ,~ Hortfng and Spansonbip Agree®ent THIS AtIR1:F~1VT made this ~~'' day of August, 2002, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereina8er called the "CITY"} and TAE SEBASTIAN CLAMBAKE FOUNDATION, INC., a Florida non-profit corporation (herana8er called the "FOUNDATION"} provides that WHEREAS, the CITY hosts public fe~ivals in the Riverview Part complex is the winter, spring and ~ of each year', and WI•]~a~EAS, it ~ desirable that the CITY host a fall festival; and WHEREAS, the FOUNDATION has formed and incorporated for the purpose of organizing a festival to bo known as "The .Sebastian Clambake Lagoon Festival" (lureinafter called the "Clarnbake'~ in celebration of the unique aspects of life along the Dian River Lagoon, to beheld aach year on the weekend following Labor Day, and WHEREAS, the CITY and FOUNDATION desire that said celebration be centered around CTTY's Riverview Park camplax; and WHEREAS, the CITY desires to hold the staxus of bola corporate mambaahip in the FOUNDATION aid sponsor of the Festival, with the mutual obligations aid privileges of the parties set forth below; THEREFORE, IN AND FOR CONSIDERATION of the mutual bena6its and promises herein, the swfficiency of which is hereby acknowledged by the parties, it is agreed: 1, The CITY Ball be host to the FOUNDATION'S Clambake for the years 2002 through 2011, and the parties shall cooperate in conducting the C,tainbake as set forth herein. 2. The FOUNDATION, wide the aid and assistance of aecessary CITY pereonael, shall organize and administrate all activities and evexrts for the Clambake, unless otha:wiae ~ forth herein, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations, and subject to reasonable safety controls of the Police Department, Fue Marshall and Health Departmern. 3. The Clambake shall entail, at a n~ the serving of ctaatbake-style soafood, beer atu~/or wine and non akx~holic beverages, and musical esite'ri, as wdl as various wales-related activities, over athree-day period commencing the afternoon of the Friday following Labor Day though Sunday sussing. 4. Except as specifically set forth herein, the FOUNDATION shall have all financial roapansibility for funding the Clambake: It is recognized that the Clambake i8 intended to be a fluid-raiser for local charitable and public-purpose projects and that, towards these purposes, the POUNDATION naay be compa~sated by vendors and others far use of the rights-of--way and park areas subject to this agreement. So long as its non profit status is maintained, however, the FOUNDATION drail control diebursernent of all proceeds of the Clambake is accordance with the requirements of Fbrida law. 5. Commencing as of 3 p.sn. an the Thursday preceding the ervectt, the er-tire Riverview Park compleac, including the Yacht Club facilities, will ba dedicated to the exclusive use of the Clambake. Sebastian Boulevard and Harrison Street east of the adjacem private properties tharoupcm, and Indian River Drive between Coolidge and Harrison, will be closed to traffic commencing as of S a.m. on the Priday of the evern. These restrictions shall continue -until the concluaon of the Clambako on Sunday evening. b. The FOUNDATION ie authorized to bald a carnival as part of the Clambake. Ia the event each a carnival is held, the portion of the Riveaview Park compleac reasonably rexluired for the setrje shall be de~dicatacl to this exclusive use up to 72 hours earlier thaa as sat forth in paragraph S in order to accommodate set-up of the attractions. 7. The FOUNDATION shall have full responsibility for maintaining, and is authorized to maintain, the Castaway's Bonfire adjacent to the food preparation area in accordance with established fire safety guidelines, and shall at all times have repreaentativea tending the soma. 8. In conjunction with the Castaway's Bonfire, the FOUNDATION is authorized to bring in loads of sand to enhance the facilities. Said sand ~ shall be coordinated with the Director of Public Works and, as a donation by the ~~' FOUNDATION to the bt~ue6t of the public, aver the evern said sssui csm be incorporated as fill into needed areas of the Riverview Farlc Complex 9. The CITY sE~all provide Iaw enforcement personnel, as de+~ed necessary by the Chief of Police, throughout the evens, including at a minimuum one officer {either a certified swam officer or a member of the departrnem volurneers) who shall be specifically assigned to duty at the Riverview Fark Complex for security overnight an Friday and Saturday evenings of the event. 10. The CITY shall provide a reasonable system of off-site parking and transport during the event except for those occasions when the parties egret that the same is not needed. CITY shall bear the financial response"bility for this systan. 11. The GITY shall provide public works ptrsoenntl to supervise and assist in event set-up at the times provided in pare,graphs 5 and 6, including initial preparation of the site, inch~ding Insect control, aid with event wrap-up. During the event at least one CITY public works representative will be an sate for trouble-shooting duties. Additionally, the CITY shall provide all electric power and water as needed by the Clambake. 12. No earlier than six {6) weeks prior to the event, FOUNDATION shall obtain written quotes, at the going market rate cost for three {3) half page ads in the Press-Journal, and a half-page advertisemem in the TGIF edition {or equivalenrt enttrtainmart supplement) of Flortcta Today and provide copies theareof to CITY, which shall promptly provide equivalent funds to the FOUNDATION. It is agreed that all such funds shall only be expended for promotional advertising and POUNDATION shall account far use of said funds, however, it is recognized that said funding will be incorporated 'urto an integrated promotional budget and media strategy as seen fit by the FOUNDATION. 13. Additionally, CITY shall publicize the event through its newsletter, governmental access channel, public signage, website and all other available CITY information outlets. 14. In the event that a "rai~rdatd' is required for the firtworka display from the CTTY's 4s' of July Celebration, it is agreed that the same shall be hdd on one of I~ the evenings of the Clambatce, the exact day to be determined by mutual ageement of the parties. 1~, The CITY shall be granted a Certificate as a corporate member of the FOUNDATION in accordance with Chapter 617 of the Plarida Statutes, and shall be emtitled to exercise all rights of membership to the non-profit corporation, 16. Fuxther, the CITY shall be accorded the highest level of sponsorship provided far the festival, and shall receive the publicity and recagnstian granted any others of that statue, ~ ; `_~ FOUNDATION ogees to indemnify, defend and hold City hanrileas from any and all claims of any nature brought by the FQZ7NDATION members, or agents in the course of perforn~ing FOLTNDATION's obligations under this A-geement, or from any claims by any persons arising from or damages unc'ur='ed by the CITY from the wrongful acts of Foundation members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. It is not intended for this provision to create any right of ~xbrogation or any other third-peaty rights. 18. 'The CITY agraea to indenuufy, defend and hold FOUNI)ATI©N hanni~a from atsy and all claims of any r-apue brought by CITY's employees ar agerns in the course of perforn~ing CIT'Y's obligations under this Agreement, or from any claims by any persona arising from the wrongful actions of GTTY's employees or agents whatsoever arising from the exercise of the privileges ami obligations set Earth hereunder. 1*Tothing herein shall be deemed a waiver of sovereign ~t3'. It is not inrtmded for this provision to create any right of subrogation or ewy other third-party rights. AGREED TO an the date first set forth above. CITY OP SEBASTIAN, a Florida muru't_cipal corporation r ~~ ; TCrr axe, City Manager THE SEBASTIAN CLAMBAKE FOtTNDATION,INC., a Florida non-pmfrt corporation BY~J~L'~''.S~!SE Its: Vice-Preaidee~t l a w'. ,... , y A- 'o, CMG",,.° City Clcrk ~- Approved as to Form and Legality for Itelianca by the City of Sebastian CMIy: _. r7 .. ."~~'i~` ,yet .,. #' ~f'1~~ :~c:~~.~G ~l~~z~ic~~ ~t:~i~~~fies 5E~l~>ct Yc-~~r: 2[1ClE~ Cao "T~tl~ _XI.Vi cfy~~~~t~r Fi"17 ~. , ~!iev~ Ei~tir,e Ct»tlt~r ~RIf~2~S f=F~~~tJC~r,~l.Ei~dT ~'~?A~~'t'IC:~S 817.155 Matters within jurisdiction Qf Caepartment of Mate; false, fictitious, ar fraudulent acts, staterrients, and representations prohibited; penalty; statute of limitations.--A per~,an rr~ay nc~t, in any matter within the j~~rfsc~iction raf the Department of `~tatr , knowingly anal willfully falsify ar conceal ~~ rr~ateria! fact, matte any false, fictitiot.~ ~, c~r~ traur~ulent stater~nent G:~r red+r~°a~errtaR:i~~rs, t,r~~ r~~z~~~~ ar ~~Se any false daca.~ment, kr~a~~.fir~q the ;game to contain ar~y f',:~lse, fictitiatas, ~.~r fr~«clt~lf~nt statement ar entry. A persar~ G~,~ha violates this section is guilty c,f ~~ f~eior~y of the ~t~hir-el ~e~r~:~r~, punishable as pra~~icied irr ~;, ?75 tf~st, s. 775. (x#33, ar 4~. 774,.Cif~s, ~"l~~e> ~tG3~r.atF; cif iir-nitati~:,ri ;far ~r.r~,secc.rtir,n of an ac:t: carrrr-nittecJ in violation r>f t:6~~is sectit,n i<_; ~> ~,~ear 5 fr.r~rn the ci4~tc the act x.~~~~s camrnitt~~~l. ~&S~43t'j~,-_5, ~7~~ E:~`i, ?''~ `-~`'''; ~. .,~:a~r ~'~"R, t:1 .. ?~llq~ r.~ Ftii, '~~1. {~~1z, ;?~:;7. f:c~r~~~si;~;rjt_''~ ~~#~5.1fJ06 T'h~: ~~(«ri;f~ Lt~~;it.tattis~~.~ Yrrv_~t~y.Sk~ta~nr~nt . C~ntact,_tJs w i ,~Fi rr/7~~~r)(~Fi r'r~ ~'~ Statutes & Constitution :Search Statutes :->2006->Ch0119->Section O1 .. .. jet] .. ~ 1~+. ~' r *~! November 08, 2006 Home Session Committees Senators Select Year: ~ 2oos - The 2006 Florida Statutes i~ Print This Page .~,GO.. Information Center - Statutes & Constitution - Title X Chapter 119 View Entire Lobbyist Information - PUBLIC OFFICERS, EMPLOYEES, AND PUBLIC Chapter ii ~~~ ~~.~ RECORDS RECORDS ~ i . ~. . ._..,.~. _ ~~ 119.01 General state policy on public records.-- Session: 2007 (1) It is the policy of this state that all state, county, and municipal records are Bill #: Go~ open for personal inspection and copying by any person. Providing access to public ~~~ iV ._M. records is a duty of each agency. . ~ - ~-~ -- session: Zoo? (2)(a) Automation of public records must not erode the right of access to those d records. As each agency increases its use of and dependence on electronic ~~...~.-~ -~ -- ® Chamber: G S recordkeeping, each agency must provide reasonable public access to records enate electronically maintained and must ensure that exempt or confidential records are - -- ..,n- ~-- --~µ h S not disclosed except as otherwise permitted by law. earc r_.,.~..........,~s (b) When designing or acquiring an electronic recordkeeping system, an agency - must consider whether such system is capable of providing data in some common rw.-~ ~ - ® Year: ~ Z006 format such as, but not limited to, the American Standard Code for Information Interchange. "search ~ (c) An agency may not enter into a contract for the creation or maintenance of a ~ I public records database if that contract impairs the ability of the public to inspect ~ or copy the public records of the agency, including public records that are on-line Enter Your Zip+4 Code: or stored in an electronic recordkeeping system used by the agency. Go i ® ` (d) Subject to the restrictions of copyright and trade secret laws and public .__"`"~ records exemptions, agency use of proprietary software must not diminish the right of the public to inspect and copy a public record. ~,~s~~~ I'~ a (e) Providing access to public records by remote electronic means is an additional ,, al':~"xl~~l"~:'1'"~'~ method of access that agencies should strive to provide to the extent feasible. If ~ ~'~'. ~ an agency provides access to public records by remote electronic means, such ~ ,~ access should be provided in the most cost-effective and efficient manner available to the agency providing the information. (f) Each agency that maintains a public record in an electronic recordkeeping system shall provide to any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by law from public disclosure. An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium, and the agency may charge a fee in accordance with this chapter. For the purpose of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium not routinely used by the agency, or if it elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming, must be in accordance with s. 119.07(4). http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Stat... 1 of 2 11/8/2006 9:58 AM Statutes & Constitution :Search Statutes :->2006->Ch0119->Section O1 .. http://www.flsenate.gov/Statutes/index.cfm?App mode=Display_Stat... (3) If public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of that person, corporation, foundation, trust, association, group, or other organization which pertain to the public agency are public records and subject to the provisions of s. 119.07. History.--s. 1, ch. 5942, 1909; RGS 424; CGL 490; s. 1, ch. 73-98; s. 2, ch. 75-225; s. 2, ch. 83-286; s. 4, ch. 86-163; ss. 1, 5, ch. 95-296; s. 2, ch. 2004-335; s. 1, ch. 2005-251. 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Contact Us. 2 of 2 11/8/2006 9:58 AM C1tYt7F ~~~~11~/ HOME OF PEUCA.M fSiJ-Np ~~M~~-~N~~M Dads: 11/3l{~ To; Donna Wifliams-Cyr Records Program Manager From; FZebecca Grohait, AICP ~:~,' (arvwth Management Director CG; Al Manner, City Manager 5aily Maio, City Clerk Rich a Cringer, City Attorney Linda Lohsi, Gerified Licensing C)fficiai Fte; Public Retards Request I am providing a response to the Public Retards request your office: received from Joseph Scozzari. Linda Lohsi, the City's Certi>:+ed Licensing +C)fficial, is currently on vacatian. However, i was able to verify that there is a home occupational license issued to Rich Stringer at his personal residence. The Code caf (~r~iinances for the City of Sebastian, Spc. 3C1-37l3) states' "Np licensca shall b+~ required of any charitable, religious, fraternal, youth, civic, service car c~thsr s<erh arganfzatlan" Therefore, Mich Strinper, seven if he was using his personal residence for the Clambake E=oundatiors, would be exempted from C3ccupationat licensing r~uiremerrtas. Its important to note that the Clambake Foundation utilizes the address of 1225 Main attest, Sebastian, FL 32958. The Sebastian Ciambaice Foundation, Inc. is a registered not-for-profrt Corporation registered with the State at Florida, I have attached the information from the State of Florida, Department of State, Division of Corporations. :~i ~ ~V .. ~' ~~;u. ~-~, Sul~~lernentati~rn of Cade. {~) ~y cc~~~tract or by city personne€, supplements i'o this t ~adr= 3€•~il !~~:~ ~~r~el>~~::°e~a ~~r~~ l:~~inted whenev~3r €3+,athorized ar directed by the city council. A sup~-€em~~nt to t€~r t:;L-r~le .,tra€€ in~;lude a€€ sxat~star~tive permanent and general parts of ordinances p~~ssec# icy the r..i~:y ~:a#~r~°ia ar ae€apteci by initic~tiv~~ and referendum during the period covered by the supp€ernF~nt ar~cf a€i r,hanc~es rraade therr~~,y in the Code. The pages of a supplement she€€ b{~ so nurt~~iered that they wil€ fit properly into the Gode and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shal€ be so prepared that, when they have been inserted, the Gode will be current through the date of they a~.?option of the €atest ordinance inc€uded in the supplement. , {b) In preparing a supplement to this Code, a€€ portians of the Gode which tyave been repealed shall be excluded from the Code by the omission thereof from reprinted paces. {c) `dVhen preparing a supplement to this Gode, the codifies, meaning the person, agency, ar organization authorized to prepare the supplement, may make formal, nonsubstantive changes fn ordinances and parts of ordinances included pn the supp€ement, insofar as it is necessary to da so to embody them into a unified code. 1=or example, the codifies may: {~?) Organize the ordinance material into appropriate subdivisions {2) Provide appropriate catchlines, headings and titles far sec,'tions and other' sutadivis€on, of the Code printed in the supp€ement, and make changes in s:ach oatrhlires, headings and titles; {;~) ~issign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to acocamrnodate new materia4, change existing section or. other subdivii~ion numbers; {4) Change the words "this ordinance" or words of the same mean€ng to "this chapter," ~~ "this attic€e," „this division,,' etc., as the case may be, or to "sections through ~__ _„~„" {inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and {5) Make other nonsubstantive changes necessary to preserve the original meaninc of ordinance sections €nserted into the Code; but in r~o case she€€ the codifies make any change in the meaning or effect ofi ordir7arrci? material inc€uded in the supplement or a€reac~y err?bor.€ied in the Cone. {Cade 1 ~~~, ~ -~) Charter rfereroces: Ccsdification, 2.'t S{b). dec. 1-. ~lteirln~ Code. It she€€ be unlawfu€ fr~r any person iri the city to change or ar~ner~d by additions or ~ieletiors, deny part or portion of this Code, or to insert or delete pages: or portions thereof, or to a€ter or tamp.}r ti~eit€~ such Code iri any rr~anner whatsoever L+vhich will cause the €aw csf the City of Sebastian try ~e r?~isrepresr~nted thereby. (Code 1980E ~ 1-9) State taw references: Forgery, F.~. ~ 831.01; falsifying public records, F.S. § 839.13. Sec, 1-1 Q. General penalty; continuing vi+alations. 4 of 7 1r71~8hOOf~ G:1~ }: ~ ~.+`.c'T`~.i`f'$ <°'. `(..(11iS t"jp`(.?tl :~J~eiY"^r':c3`tI`C+ . "S~' ~'E"4'.,Sr,(T'd '.s*.r:r/r~`r`.^r'S'1~.~~P."~~s^. :'~1r r~s^.~;T.~.ap~t:~.,Lir;S;..~'"'^"'{~r?"-~ ..!`/~^~/'~4"a+, ti S uilit"Y' A ~~ ,! ~ ~ ' ~ ~ if t ~ 1 -.w., a.~h ~. , , .. Location: Home > statutes & constitution ~ Yiew statutes November 07, 2006 Home Sei~sct YQarc .,~.__, Session - Committees - Senators - ~'1;~1~ `?CJ06 Florida Statutlas' information Center + statutes & Constitution - Lobbyist information - r .~.....~m~. Session: 2007 ...... , Bill #: . _Go # i Session: ~~Z007 ~~~.~~ ~ ~ ~~~~ Chamber. 7 Senate ~~~ _. __ Search ''~. Year: 2o0b 6839,13 ,Search Enter Your Zip+4 Code: ,_. __ Go " ,t "~ myfiorda.com 1 myfloridahause.gov ~~ P:in This. F'a~~:~ .. ~~'... Title KLVi Chapter 839 View Entire C.t~4~t~~#,. CRIMES OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES 839.13 Faisifying records.-- (1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or employee or agent of or contractor with a public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any paper flied in any judicial proceeding in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document or instrument recorded, or filed In any court, or any registry, acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books, or any proceedings whatever of or belonging to any public office within this state; or if any person shah cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2)(a) Any person who knowingly falsifies by altering, destroying, defacing, overwriting, removing, or discarding an official record relating to an individuai in the care and custody of a state agency, which act has the potential to detrimentally affect the health, safety, or welfare of that individual, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purposes of this paragraph, the term "care and custody" includes, but is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, or a protective Investigation or protective supervision of a vulnerable adult, as defined In chapter 39, chapter 409, or chapter 415. (b) Any person who commits a violation of paragraph (a) which contributes to great bodily harm to or the death of an individual in the care and custody of a state agency commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s, 775.084. For the purposes of this paragraph, the term "care and custody" Includes, but Is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415. y person who knowingly falsifies by altering, destroying, defacing, erwriting, removing, or discarding records of the Department of Children and Family Services or its contract provider with the intent to conceal a fact material to a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable aduR, as defined In chapter 39, chapter 409, or chapter 415, commits a felony of the third degree, punishable as provided In s. 775.082, s. 775.083, or s. 1 of 2 11/7/2006 10:26 AN 9;x'I°.U`.E'S lu ~'O'1S. .1.`'.OPt :•V•+^i'r' ~"a~a.,`t,`S , ^~enn ,"C.,a^_^'s' ,j . t„*s..a.//i'~'l~",t'.~c,n»nfra P(~V,~CP~1.`.1.~~;rw,C,~~t1L~F'±(.r~+t~?t'r+nt}p-~7:pS•~4n1(~~*.~aMt'!I"*,... 7i'',.t).::<~. Nothing in this paragraph prohibits prosecution far a violation of paragraph (a) or paragraph (b) involving retards described in this paragraph. (d) This section does not prohibit the disposing or archiving of retards as otherwise provided by law. In addition, this section does not prohibit any person from correcting or updating records. (3) In any prosecution under this section, it shall not be necessary to prove the ownership or value of any paper or instrument involved. History.--s. 19, Feb. 10, 1832; RS 2571; GS 3483; RGS 5357; CGL 7492; s, 1023, ch. 71-136; s. 1, ch. 2002-386. 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'.~ "*P ,. llSrn+~.anc,~'«,no4~•rr~rnTrrrnorir.-`':a,~:,~~n~A~,tot2~ar,n November 07, 2A06 ~b Print: Th~s_!='a;~~ Home ~w~ie~lt Year: 2006 ;: Go Session - .. . Committees - ~ `~'~>~6 Florida Statu~t~s - ~"~~1~ Senators - - Infotmation Center - Statutes & Constikution - ~~"it14:~ Xi_Vaf Chapter 831 View _Ent_i_r_~__Ch~ter Lobbyist Information - CRIMES FORGERY AND COUNTERFEITING ~~ 8~1.4~. Forgery.--Whoever falsely makes, altars, forges or counterfeits a public ~ record, or a certlflcate, return or attestation of any clerk or register of a court, session: zoo? public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal Bitt #: Go proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, biN of lading, bill of exchange or promissory note, or ~~ an order, acquittance, or discharge far money or other property, or an acceptance om ~.~• ~ of a bill of exchange or promissory note for the payment of money, or any receipt Session: zo for money, goods or other property, or any passage ticket, pass or other evidence Chamber: ' s te = ~ of transportation issued by a common carrier, with Intent to injure or defraud any ena person, shall be guilty of a felony of the third degree, punishable as provided !n s. _ Search 775.082, s. 775..083, or s. 775.084. 69~;33359; RGS 5206; CGI.7324; s, Hista - 4 ~~ 1 a 2 3 h l ~ ~~; G 71- ch 36 s 32 s. 1, h• 61-98; e. 959 Year: ; 2Q06 ~831,Q1 _ _ Search Enter Your Zip+4 Code: Go ! ~~4~ L 4~ Bills • Calendars • Journals • Citator • Search • Appropriations • Redistricting • Video • Bill ~ Reports -s: Committee Pages • Committee Publications • Committee Meeting Records Presfdent's Page • Member Pages • District Information • Find Your Legislators n Conger: Introduction • About the legislature • Publications • Glossary • Help • Emplaymen+ • Links Statutq-x @ Constitution: introduction • View Statutes • Search Statutes • Constitution • Laws of Florida Order Lobbyist information: introduction • lists • legislative Directory • Executive Directory • legislative Lobbyist Compensation Reports • Guide Bask • Forms Disclaimer; The infomnation on this syskem is unverfffed. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ¢~ 2000-2006 State of Florida. Privacy Stakement. Contact Us. 1 of 1 1117/2006 10:28 AN