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HomeMy WebLinkAbout06272007CttY OF ~- - - _ - __ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 27, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 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 PATERNOSTER 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members 7. ITEMS CARRIED FORWARD FROM 6/13/07 REGULAR MEETING 07.122 A. Presentation by North County Relay for Life Chairman Burkeen (no backup) 07.127 B. Shift Capital Project Funding from Public Works Compound Phase I in the 1-4 Amount $300,000 to Stonecrop Street Crossing (City Manager Transmittal, 2 Photos) 07.019 C. First Reading of Ordinance No. 0-07-10 -Senior Homestead Exemption to 5-s Replace Emergency Ordinance No. 0-07-09 -Set Public Hearing for ~A7 7/11/07 (City Clerk Transmittal, 0-07-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. 07.119 D. Introduction of New Business from the Public -Damien Gilliams -City Manager Evaluation (no backup) 07.021 E. Council Member Wolff Matters -City Attorney Evaluation (no backup) 8. PROCLAMATIONS, ANNOUNCEMENTS PRESENTATIONS 07.128 A. Proclamation Motorcycle Safety and Awareness Month -July 9 07.129 B. Chuck Lever i. Boat Parking (no backup) ii. Proclamations and Awards (no backup) 9. 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. 11-12 A. Approval of Minutes - 6/13/07 CIP Workshop 13-26 B. Approval of Minutes - 6/13/07 Regular Meeting 07.016 C. Resolution No. R-07-23 -Support for IRC Commission to Approve Amendments to 27-37 IL District Regulations (City Clerk Transmittal 6/20/07, R-07-23, County Proposed Ordinance) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS TO APPROVE A PROPOSED ORDINANCE TO AMEND INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS CHAPTER 911, ZONING, BY REVISING THE TABLE OF USES FOR INDUSTRIAL DISTRICTS IN SECTIONS 911.11(4) AS RECOMMENDED BY STAFF AND COUNTY PLANNING AND ZONING COMMISSION ; PROVIDING FOR AN EFFECTIVE DATE. 07.130 D. Award Bid for Annual Cold in Place Recycling Base Course Contract to Asphalt 39-41 Recycling, Inc. of Melbourne -Streets Done as Needed and As Funding Permits (PW Transmittal, Bid Tabulation) 07.131 E. Award Bid for Annual Paving Contract to APAC-Southeast Inc. of Melbourne - 43-45 Streets Done as Needed and As Funding Permits (PW Transmittal, Bid Tabulation) 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.071 A. Parks and Recreation 47-48 i. Reappointments from Districts to At-Large Positions (City Clerk Transmittal 6/20/07, Member List) 07.001 ii. Interview, Unless Waived, and Appoint One At-Large Member and One 4s-57 Alternate Member to Fill Vacancies (City Clerk Transmittal, Two Applications, Press Release) 2 11. PUBLIC HEARING Procedures for Public Hearing Mayor opens hearing Attorney reads ordinance or resolution title Staff presentation Public Input Staff summation Mayor closes hearing Council action 07.057 A. Ordinance No. 0-07-11 -Natural Resources Board (City Attorney Transmittal, 59-63 0-07-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-240 AND ADDING SECTION 2-241 TO CREATE THE NATURAL RESOURCES BOARD; PROVIDING FOR INITIAL COMPOSITION, CONFLICT AND EFFECTIVE DATE. (PJ 6/17/08) 12. UNFINISHED BUSINESS 07.102 A. Dog Park Update -Chairman Don Wright (Memo Re: Insurance, E-mail 5/26/07) 65-68 13. NEW BUSINESS 07.132 A. Building Department (Transmittal and R-07-26 Under Separate Cover) i. Financial Update and Action Plan ii. Resolution No. R-07-26 -Building Permit Fees A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AMENDING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35; PROVIDING FOR PENALTIES, PLAN-CHECKING FEES, CONFLICTS AND EFFECTIVE DATE. 07.133 B. City Manager Evaluation and Contract Review (Requested by Council Member Paternoster) (no backup) 07.115 C. First Reading -Ordinance No. 0-07-12 -Cemetery -Definition of Proof of 70-73 Residency -Set Public Hearing for July 11, 2007 (City Clerk Transmittal, 0-07-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 07.115 D. Resolution No. R-07-25 -Revised Cemetery Rates (City Clerk Transmittal, 74-~~ R-07-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 07.134 E. Approve Lump Sum Contract to Derrico Construction Corp. in Amount Not to 79-81 Exceed $135,134 for Davis Street Baffle Box Project Construction w/Completion Within Six Months of Notice to Proceed (Engineering Transmittal, Neel-Schaffer Letter) 07.025 F. Resolution No. R-07-24 -Repealing Resolution No. R-97-27 Special Use Permit 83-85 806 Indian River Drive (City Attorney, R-07-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RESCINDING RESOLUTION R-97-27 CONCERNING OUTDOOR SEATING AT 806 INDIAN RIVER DRIVE; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. 07.124 G. Florida League of Cities Annual Conference (City Clerk Transmittal 6/20/07, FLC s7-92 Memo 6/8/087) i. Select Voting Delegate ii. Submit Resolutions if Needed 14. 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 07.135 A. Joe Scozzari -Special Overlay District Regulations that Inhibit Commercial Development (no backup) 07.136 B. Damian Gilliams i. Marina Proposal (no backup) 07.137 ii. Donation (no backup) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mayor Coy 07.138 i. Council's Function -Business or Politics? (no backup) B. Mr. Neglia C. Council Member Paternoster 07.139 i. Discuss Possibility of Moving Introduction of New Business from the Public Back to Original Agenda Position (no backup) D. Council Member Simchick 07.140 i. Affordable Housing (Simchick E-Mail, IRC Agenda Packet Pages) 93-99 E. Council Member Wolff 19. 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 /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Caunci( Meotings are Sci~eduled fc~r Live Broadcast on Cor~ncast Channel 25 4 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: July 11, 2007 - 7:00 p.m. -Regular Meeting July 25, 2007 -7:00 p.m. -Regular Meeting August 8, 2007 - 7:00 p.m. -Regular Meeting August 15, 2007 - 6:00 p.m. -City Council Budget Workshop August 22, 2007 - 7:00 p.m. -Regular Meeting tmr or ~~.~ ~y ~~"' HQl4fE Of FEL[G~4N tSWVD AGENDA TRANSMITTAL Subject: Agenda No, C' 7 . I L 7 Public Works Compound -StoneCrop Department Orig' Public Works Rehabilitation Financial Shift Finance Depa a t: City Attorney: Ap o or Submittal by: City Clerk: ~ Date Submitted: 7June 07 i City Manager Ex bits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $289,972 $289,972 Transfer from DST SUMMARY In 2006 the City Council allocated $300,000 in Discretionary Seals Tax funds to relocate the Public Works Compound from the 512 corridor to the Airport. This was a project that was scheduled and discussed long before we made the financial obligation last year. In recent discussion the importance and priority of this project has diminished. As such, I have recommended pushing back this project in the FY 07-08 CIP. If you agree with these actions, the money allocated for the relocation of the compound should be closed. One project that is fair more pressing at this juncture is the rehabilitation of the Stonecrop pipe crossing. This twin-pipe culvert is rapidly deteriorating and during the 2004 hurricanes a tremendous wash occurred which has yet to be repaired. This winter was a good one for hurricane preparations. Ditches and other City infrastructure have been improved and better maintained. However, one issue that still needs to be addressed is repair of Stonecrop. Enclosed for your review is a picture of the area of concern. While I am not requesting expenditure of any funds at this date, I am requesting shifting $289,972 to authorize allocation of this project. My goal is that should Council authorize the transaction, I will instruct department heads to plan design specifications, procurement and construction of the project. At this time, no formal proposals have been submitted, but based on experience and other projects, the Public Works department believes this pipe can be replaced and extended towards the retention area for approximately $200,000. As we move forward, staff will be back to Council with budgets and formal expenditure requests. Please note that only $289,972 is available for shifting because $10,028 was used to construct a storage facility for equipment and supplies used for the Building Maintenance Department which was considered a part of the compound relocation plan. RECOMMENDED ACTION Authorize transfer of $289,972 for StoneCrop Rehabilitation Project from DST Fund and remove Public Works Compound Phase I. ~, O ~ O O ~ 'y O y O N O L / ~ V o ~ o ~ , ~ ~a ~ ~ •_ ~ ~ ~~ •~ ~ ~ O ~ V ~ ~ .. ~ V t ~ ~ ~ O V1 arcs ~~ `~ _ Y ~1 ~ i?,"... HfHNE OF PELICAN ISt11ND City of Sebastian 1225 Main- Street Sebastian, Florida 32958 Subject: Ordinance No. 0-07-10 -Repealing Agenda No. ~ ~ • Q ~ Emergency Ordinance 0-07-09 and Dept. Origin: Readopting Permanently the Additional $25,000 Exemption in Accordance with City Attorney: Charter Ap rov Submittal by: Date Submitted: 6/7/07 For Agenda of: 6/13/07 i e Ex ibits: 0-07-10 SUMMARY STATEMENT City Council at its May 23, 2007 Regular meeting, to meet the State's deadline for the current tax year, adopted Emergency Ordinance 0-07-09 to grant the additional $25,000 homestead exemption for a total of $50,000 for certain seniors. Charter Section 2.13 states that an emergency ordinance shall stand repealed on the 91 Sc day following its adoption or it may be repealed by adoption of a repealing ordinance. Before time runs out on~the emergency ordinance in August we are providing you with an ordinance which will repeal 0-07-09 and readopt the provision granting the additional $25,000 to make it permanent. RECOMMENDED ACTION Pass Ordinance No. 0-07-10 on first reading and set public hearing and final adoption on '~ ~~^ ~', ''^^' 7~il~p T C ORDINANCE NO. 0-07-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Article VII, Section 6(f) of the constitution of the State of Florida authorizes the legislature, by general law, to allow counties or municipalities to grant an additional homestead tax exemption, which amount was recently increased from a maximum twenty-five thousand dollars ($25,000) to a maximum exemption of fifty thousand dollars ($50,000), to any person who has title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income does not exceed twenty thousand dollars as adjusted periodically for changes in the cost of living; and - WHEREAS, Florida Statutes authorizes a municipality to adopt an ordinance to allow this additional homestead exemption, which has likewise been increased to $50,000 in the recent legislative session, with a provision authorizing the use of an emergency ordinance prior to June 1~ to give effect to the increased exemption for the current tax year; and WHEREAS, City Council adopted Emergency Ordinance No. 0-07-09 on May 23, 2007 to meet the State of Florida deadline to grant the additional twenty-five thousand dollar ($25,000) exemption for the current tax year; and WHEREAS, City Charter section 2.13 states that as of the ninety=first (91) day following its adoption an emergency ordinance shall automatically stand repealed or may be repealed by adoption of a repealing ordinance; and WHEREAS, adoption of a new ordinance is necessary to repeal the emergency ordinance and to make a permanent amendment to_ Code of Ordinances Section 2-121 for the current tax year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. SENIOR HOMESTEAD EXEMPTION INCREASED. That Section 2-121 of the City Code, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-121. Additional Homestead Exemption. ~~ A_n additional homestead exemption in the amount of ~"~ thousand dollars 50 00 ~ which additional homestead exemption applies only to taxes levied by the City of Sebastian, shall be allowed for any person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five (65), whose household income does not exceed twenty thousand ($20,000) as such amount has been adjustment in accordance with Fla. Stat. Section 196.075 (3), and who submits to the Property Appraiser a sworn statement of household income as required hereafter. Section 2. APPLICABILITY. The additional exemption provided herein shall take effect with the current tax year, as provided by law, and notice of adoption along with the information required under the provisions of statute shall be immediately transmitted to the proper authorities. Section 3. REPEAL. Emergency Ordinance No. 0-07-09 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. If any section, paragraph, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be. invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance shall take effect upon adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted thi 13"' y of June, 2007. CITY OF SEBASTIAN, RIDA ATTEST: s ~r,.~ ~ By: Andrea Coy, Mayor Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 0 2 crtv of ~~ HOME OF PELICAN ISLAND ~~ July, 2007 WHEREAS, motorcycles are increasingly being used as a regular means of transportation due to the current need to conserve fuel and our state's favorable climate for this mode of transportation; and WHEREAS, the motorcycle is an energy-efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS, the motorcycle has proven to be an important fiorm of transportation for commuting, as well as touring and recreation both on and off the roads; and WHEREAS, as a matter ofi safety, it is necessary to develop skills and an awareness of proper driving habits to handle these vehicles on the highways of our state. NOW, THEREFORE, i, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim the month of July, 2007 as °MOTORCYCLE SAFETY AND AWARENESS MONTH" in the City of Sebastian and extend greetings and best wishes to all observing Motorcycle Safety and Awareness Month. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed tt .~-w"°_ ~° , ..~ ~. ,,~._.-~ MOTORCYCLE SAFETY AND AWARENESS MONTH ~~ ~ .. crty ~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL CAPITAL IMPROVEMENTS PROGRAM WORKSHOP MINUTES WEDNESDAY, JUNE 13, 2007 - 5:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Workshop to order at 5:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present in Chambers: Airport Director, Joe Griffin City Engineer, Dave Fisher Police Chief, Jim Davis Lieutenant, Greg Witt MIS Systems Analyst, Barry Siepmann Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams 4. CAPITAL IMPROVEMENTS PROGRAM (Planning & Zoning's PowerPoint Presentation)(CIP FY07/08 Through FY12/13 Previously Provided Under Separate Cover) The City Manager provided a new handout (see attached), and exhibited a power point presentation. Discussion followed on building a new community center. The City Manager pointed out a few options that may be moved around at Council's discretion noting this process is a cash, pay-as-you-go, process. CIP Program Workshop 1,,.~-~~"'~.; ~`, ~.~'" June 13, 2007 Page Two The City Attorney cautioned that some flexibility has been taken away by legislature because changes to Capital Improvement Program will be more carefully scrutinized by the Department of Community Affairs and if something is in for example year four and it doesn't move up to year three, justification would have to be submitted explaining financial difficulties. Members commented and asked questions on various projects, which included the possible purchase and use of the Catalano property and Pelican Pub site. The City Attorney stated there is a right-turn vision concern with the Catalano site. Mr. Paternoster, Ms. Simchick, Mr. Wolff and Mayor Coy would like to look into the purchase of the two properties. The City Manager asked Council to a-mail him or call him and give him five projects they would like to see done and two or three they would not like to see done. He said he would meld it together and present it at a future workshop and wrap up the process by the end of July or first part of August. Mr. Neglia asked that if the Catalano property turns out to be a priority, would he put some ideas together on how to use the property. The City Manager said he would. Mayor Coy called for public input and there was none 5. Being no further business, Mayor Coy adjourned the Workshop at 6:38 p.m. Approved at the June 27, 2007 Regular City Council meeting. Andrea B. Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ~Z 2 anoF SE.~''s ~u~,N -- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 13, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. 6 Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Vice Mayor Neglia. There was moment of silence. READING OF CIVILITY PLEDGE Vice Mayor Neglia read the civility pledge. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Staff Present in Chambers: Airport Director, Joe Griffin Building Director, Wayne Eseltine Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Police Chief, Jim Davis Police Lieutenant, Greg Witt Parks Supervisor, Chris McCarthy Public Works Superintendent, Tim Walker MIS Systems Analyst, Barbara Brooke-Reese AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members Mr. Paternoster requested adding an item for Charles Lieber entitled "Parking on Indian River Drive" as 9.A.1. Mayor Coy suggested adding the item to Introduction of New Business from the Public, and Ms. Simchick suggested adding the item as 9.D. Mayor Coy asked if this issue was time sensitive and Mr. Paternoster said it was not. Mayor Coy said based on the size of this agenda she was concerned about adding other items. ~,,~ -M_.. ,,1 s^ ~ ~',~ Regular City Council Meeting June 13, 2007 Page Two Mayor Coy called for a vote on the requested addition. Roll call vote results were as follows: Ayes: Neglia, Paternoster, Simchick, Wolff Nays: Coy Failed Due to a requirement for unanimous vote to add an item to an agenda as outlined in Resolution No. R-07-18, the motion failed and the item was not added. Mayor Coy requested moving New Business item14D relative to IRCC to consent item10G. Ms. Simchick seconded the motion. Roll call vote result was as follows: Nays: Paternoster -vote not completed due to nay vote. Failed Per the City Attorney, unanimous vote required to modify the agenda, therefore the motion failed and the item was not moved. 7. PROCLAMATIONS 07.117 A. Dedication of Barber Street Sports Complex Field In Memory of Michael Abt - ~ Abt Family Accepting Mayor Coy read and presented the proclamation to the Abt family. Taffi Fisher thanked City Council and introduced her family and Rob Williams with Cardiac Science who donated an automatic external defibrillator to the City of Sebastian for the Barber Street Sports Complex. 07.118 B. Dedication of Airport Administration Building Public Works Building In Memory of 2 Former Public Works Director Terry Hill -Hill Familv Accepting Mayor Coy read and presented the proclamation to the Hill family. Jim Hill, Terry's son and former Vice Mayor, on behalf of the family, thanked City Council for honoring Terry. 8. ITEMS CARRIED FORWARD FROM 5/23/07 REGULAR MEETING 07.112 A. Approve Funding of $17,935 to Harrington's Mobile Home Service to Move Airport 5-s Security Building (Airport Director Transmittal. Three Proposals) "~ :71 2 Regular City Council Meeting June 13, 2007 Page Three The Airport Director presented the request for approval, and said he would clarify that the concrete pad was included in the cost. In response to Mr. Paternoster, the Airport Director said he was contacted by a lessee to inform him that a family would be housed in the security building, and agreed with Mr. Paternoster that there was a lack of communication between the City and the FAA as to the use of this building. He further said, as it has been stated by the City Attorney, it is sometimes hard to have FAA declare a judgment. He then said when FAA was notified that a family was going in, they wanted the building moved. MOTION by Ms. Simchick, and SECOND by Mr. Neglia, to approve funding in the amount of $17,935 to Harrington's Mobile Home Service to move the airport security building. Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 07.114 B. Resolution No. R-07-20 -Joint Participation Agreement for Airport Layout Plan 11-43 Update (Airport Director Transmittal, R-07-20, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AN AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The Airport Director presented the resolution approving the layout plan update joint participation agreement and responded to questions from City Council relative to frequency of master plan updates, noting by updating the layout plan he was able to move back the master plan update to 2012, and said if the City does the layout plan now, the City may be able to do another layout plan at that time as well. He further explained the Airport Improvement Plan program for grant funding, and said it would be highly unlikely that the FAA would turn down funding for the City to do the layout plan update. MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to adopt Resolution No. R-07-20. Roll call vote result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed !~ ~'~1 ~ ~ ~'' 3 Regular City Council Meeting June 13, 2007 Page Four MOTION by Ms. Simchick, and SECOND by Mayor Coy, to approve appropriation of $3,125.00 representing the City's match in the Airport Layout Plan Update from the proceeds of sale of fixed assets. Roll call vote result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed 07.115 C. Proposed Cemetery Rate Increase -Direct Staff Accordingly (City Clerk Transmittal 44-81 R-02-30, Cemetery Code Sections. Cemetery Trust Fund Information History Other Cemetery Rates. Proposed Rate Resolution) The City Manager said lots are selling fast and rates need to be increased. The City Attorney said Council may want to restrict lots for Sebastian residents before they run out. The City Clerk explained that Roseland residents had paid the same rate as Sebastian residents due to a deed restriction which was removed in the 1950's but still honored to this date, and that staff was leaving this policy issue to Council to decide. Mayor Coy said she would like to give consideration to Sebastian residents and Mr. Paternoster and Mr. Neglia said they would like to discuss the consideration of Roseland residents at the next meeting. The City Clerk noted that the increased rates recommended by staff were on circle page 80 of the agenda packet. Mr. Wolff agreed with the recommended rate increase, and noted in this day the Roseland rate should be the same as for someone who lives in Vero Lake Estates and that the City needs to define residency. MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to approve the recommended rates. Roll call vote result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed The City Clerk said staff would bring back a rate resolution for final adoption and an ordinance for first reading to define residency to the next meeting. / lo, 4 Regular City Council Meeting June 13, 2007 Page Five 07.025 D. Damien Gilliams - 806 Indian River Drive Sebastian Docks for Electric Permits 83-95 (Building Director Memo, City Attorney Memo, Excerpt of P & Z Minutes, Construction Board Order, Permit, City Attorney Memo, Certification Statement)(Site Plan and Electrical Plan Previously Provided Under Separate Cover Charles Sanford, special counsel for Damien Gilliams, gave a lengthy presentation relative to the docks which he believed were "grandfathered" to be rebuilt after the hurricanes. Mayor Coy asked if Mr. Sanford had documentation to back up his presentation requesting 50 boatslips. Mr. Wolff called for a point of order and requested Mr. Sanford to conclude his presentation. Mr. Sanford cited the City Attorney's memo to Growth Management dated April 23, 2007, asked Council to nullify Resolution No. R-97-27, and pass an ordinance to allow electrification of all boat slips. He asked for consideration of a third possibility which would be to amend R-97-27 to allowing the electrification of the boat slips. Damien Gilliams, 1623 US 1, Sebastian, said the pedestals were permitted and approved. Mayor Coy said the packet on this issue is extremely large, noting that Mr. Gilliams' problem was parking, and things were exchanged for parking and expanded deck space. She cautioned Council to make sure their statements are of fact and consider all the transactions that have happened between the City and Mr. Gilliams because the City has been more than fair. The City Attorney said there are two impediments, 1) the special use approval and 2) the conditions of the site plan. He further explained the special conditions of R-97-27 no longer exist so Council can nullify it but the same conditions are in site plan which can only be modified by the Planning & Zoning Commission. He clarified that site plan designates that boat slips for parking do not need electricity. Mayor Coy asked why a "transient" slip would need an electrical connection. sass p.m. Mr. Gilliams explained boats come from up north to spend the night or a few days and juice up. He concluded that the property had 49 electrified docks and the ~,, governor issued an order to allow reconstruction. ~~ Regular City Council Meeting June 13, 2007 Page Six Mayor Coy said Mr. Gilliams has expanded transient definition to other uses which may have other Code requirements and by providing electricity to boats he may have another business situation. Mr. Neglia asked the City Attorney if the City nullifies R-97-27, can Mr. Gilliams continue rebuilding. The City Attorney said nullifying resolution is good idea because it opens the possibilities to change. The City Attorney said the issue is to enable him to keep the capability to allow him to build the dock back as it was. He further said the file points out there has always been the issue for Mr. Gilliams to look for future off-site parking solutions such as valet or land near-by. Mr. Sanford said no one cautioned Mr. Gilliams from rebuilding. The City Attorney said the real issue is to have 10 slips be electrified, nullify R-97-27, and after the site plan submittal, a variance to allow parking. Mr. Paternoster said the City is trying to draw people to our City and if the marina can bring in boaters; he asked the City Attorney what Council can do to circumvent the process, and help Mr. Gilliams so people will come visit our community. The City Attorney said Council can amend parking requirements in the Riverfront District, change laws about electrification about visiting boatslips or parking for transient live-aboards. MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to nullify Resolution No. R-97-27. Mr. Wolff congratulated City Council for spending an hour on this tedious electrical issue; stated this man's problem needs to be solved; stated Council has got to move on and get down to business. Mayor Coy said she agreed Council has to move on, but they have to do it legally and through due process. Ms. Simchick asked if Council nullifies the resolution, would Council have to readdress the parking ordinance at a waterside facility. The City Attorney advised the key problem is there is something on the books that says he cannot use the remaining dock but Council could say electrification may happen every so many feet. Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None ~~~;, 6 Regular City Council Meeting June 13, 2007 Page Seven Passed There was a 3-2 (Coy and Neglia -nay) consensus of Council to direct the City Attorney to draft an ordinance to allow electrification of boat slip parking at waterside commercial facilities, and to bring the ordinance language to them before it goes to Planning and Zoning. Mayor Coy called recess from 9:00 pm to 9:15 pm. All members were present when the meeting was reconvened. 9. ANNOUNCEMENTS, PRESENTATIONS 9:15 p. m. 07.122 A. Presentation by North County Relay for Life Chairman Burkeen (no backup) Mayor Coy said Mr. Burkeen had requested this item be moved to the next meeting. 07.016 B. Rex Nelson -Presentation on Proposed Ocean Concrete (no backup) Rex Nelson, Fischer Circle, Sebastian, requested Council support in the form of a resolution to the Board of County Commissioners changing County code regarding allowing concrete plants in light industrial zoning. Ms. Simchick suggested the City Manager send a letter to the County such as he did with Fleming Street. Mr. Wolff said in the future he would appreciate receiving the language he was asking Council to address ahead of time. Mr. Nelson said he had sent language within the past few days. It was the consensus of Council to direct the City Manager to send the letter to Indian River County Planning and Zoning for their June 14th meeting, and copy it to Mr. Nelson and each Council member and bring back a resolution at the next meeting which will be sent to the County Commission. Mr. Neglia asked for an outline of what they are proposing. 07.116 C. Presentation by Curt Oxford -Council Chambers City Logo Sign (Proposal, s7-ss Rendering) Mr. Oxford was not present. The City Manager said he had met with Mr. Oxford who brought him a proposal for an official City sign for the Chambers at a cost of $6700. ~~ 7 Regular City Council Meeting June 13, 2007 Page Eight Mayor Coy said she said she would like to consider this, however, if the City is in a budget crunch perhaps Council can hold off. Ms. Simchick said she would rather wait until after the 22"d. Mr. Neglia said the City is not ready and Mr. Paternoster agreed. 10. 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. 101-117 A. Approval of Minutes - 5/23/07 Regular Meeting 119-120 B. Approval of Minutes - 6/6/07 Special Meeting 07.116 C. Authorize Sole Source Purchase and Installation of City Logo Sign for Council Chambers from Curt Oxford (see above for backup) 07.123 D. 4~h of July Event -Approve Yacht Club Ramp and Road Closures (Parks 121 Supervisor Transmittal) 07.097 E. Revised FY 2008 Budget Calendar (Finance Director Transmittal, Revised Calendar) 123-125 07.124 F. Approve Travel and Registration for Council Members to Attend Annual Florida 127-12s League of Cities Conference in Orlando, August 16-19, 2007 (City Clerk Transmittal, Registration Form) Mr. Wolff removed items C and F. Mr. Paternoster removed items A and D. MOTION by Mayor Coy, and SECOND by Ms. Simchick, to approve items B and E. Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed Item A - 5/23/07 Minutes Mr. Paternoster requested clarification of the following statement in the 5/23/07 minutes as follows: "Time sensitive issues with amounts of this magnitude cannot just be put underneath our nose this evening and then vote upon-I am actually getting very weary of being forced into making decisions that I cannot make an informed or //~~ educated decision on." ~v 8 Regular City Council Meeting June 13, 2007 Page Nine It was the consensus of Council to approve the minutes as amended on a voice vote of 5-0. Item C -City Logo Sign -Oxford MOTION by Ms. Coy, and SECOND by Mr. Paternoster, to postpone item C indefinitely on a voice vote of 5-0. Item D - 4th of July Event Mr. Paternoster requested that staff not allow anyone to put tent stakes in asphalt at the Yacht Club during events. The City Manager made a note of this. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, item D was approved on a voice vote of 5-0. Item F - FLC Annual Conference Mr. Wolff said he had been requested to remove item F at the request of Tammy Cutright. Ms. Cutright asked if the conference was required and the City Clerk explained the purpose and costs of the annual conference. MOTION by Mr. Wolff and SECOND by Mr. Paternoster, to approve item F. Roll call vote result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed 11. COMMITTEE REPORTS/RECOMMENDATIONS -none 12. PUBLIC HEARING 07.071 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-07-07 - 131-134 Parks & Recreation Advisory Modification of Committee Membership Composition (City Attorney Transmittal, 0-07-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. (15~ Reading 5/23/07, PJ Legal Ad 5/3/07) The City Attorney read Ordinance No. 0-07-07 by title. Mayor Coy called for public input and there was none. ~° 9 Regular City Council Meeting June 13, 2007 Page Ten MOTION by Mr. Paternoster, and SECOND by Mr. Neglia to adopt Ordinance No. 0-07-07. Roll call vote result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed 07.106 135-139 B. Ordinance No. 0-07-08 -Charter Review Committee Meeting Time (City Clerk Transmittal, 0-07-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (15t Reading 5/23/07, PJ Legal Ad 5/30/07) The City Attorney read Ordinance No. 0-07-08 by title. Mayor Coy called for public input and there was none. MOTION by Mr. Neglia, and SECOND by Mr. Paternoster to adopt Ordinance No. 0-07-07. Roll call vote result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed 13. 14. 07.125 141-151 UNFINISHED BUSINESS -None NEW BUSINESS A. E911 Equipment -Appropriate $44,000 from DST and Purchase Necessary Equipment (PD Transmittal. 4 Quotes. King Letter) The City Manager recommended approval of purchase of equipment and furniture required for 911 system. In response to Mr. Wolff, the City Manager said the County coordinator was John King. Chief Davis said the City request was verbal and the County response was written, and cited the letter on page circle 148, that Vero Beach was also denied. Mr. Wolff said he would like to see a better paper trail on issues such as this. The Chief said he could send a letter after the fact. i ~~ ,~ 10 Regular City Council Meeting June 13, 2007 Page Eleven Mr. Wolff inquired about Complete Electric as sole source, and said he had a problem with the purchase price of the UPS system, noting that through an internet check he found we could purchase it for $13,000. Barbara Brooke-Reese said the unit is being custom assembled for the City, that there is a time constraint, and the UPS is warranted if Complete Electric does the installation. Mr. Wolff asked in the future that staff be upfront and say they are paying more because of a time constraint. Chief Davis said he was being upfront and he did obtain other proposals and Complete was the lowest price. In response to Mr. Paternoster, Chief Davis said three different agencies were working together with a June 28 deadline for the 911 system, and that people are coming from around the state and country to accomplish this. He said the City was turned down by Indian River County on June 1. MOTION by Mr. Paternoster, and SECOND by Mr. Wolff, to purchase the E911 equipment in the amount of $44,000 Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed Someone from the audience called out to speak and Mayor Coy apologized and explained that there is no requirement to have business open to the public, only for public hearings. 07.126 B. Waste Management Contract (City Manager Transmittal, Complaint Log, 153-206 Contract The City Manager recommended a notice be issued to Waste Management that the City will not automatically renew their contract and in the meanwhile the City Manager said Waste Management might improve their service and the City could shop for another provider. Following City Council discussion, input from George Geletko, Waste Management, and assurances by him to do better, a motion was made. ~o:os p.m. Mayor Coy stated in the interest of time and because individuals have sat for so long for their agendized item, there would not be public comment because there is no requirement. She stated she would like to finish the meeting. ,~ ~`°'' ,~ 11 Regular City Council Meeting June 13, 2007 Page Twelve MOTION by Mr. Neglia, and SECOND by Ms. Simchick to leave the contract as is. Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 07.127 C. Shift Capital Project Funding from Public Works Compound Phase I in the 20~-212 Amount $300.000 to Stonecrop Street Crossing (City Manager Transmittal 2 Photos MOTION by Mayor Coy, and SECOND by Mr. Paternoster to move item C to the next agenda passed on a voice vote of 5-0. ~0:3o p.m. MOTION by Mr. Neglia, and SECOND by Ms. Simchick to extend the meeting to 11 pm passed on a voice vote of 5-0. 07.117 D. Facility Use Agreement with Indian River Community College for Old Sebastian 213-218 Elementary School 2"d Floor (HR Director Transmittal. Aareementl Mayor Coy declared a conflict of interest due to the fact that she works for Indian River Community College, handed the gavel to Vice Mayor Neglia, and left the dais. (conflict form is attached to minutes) Dr. David Sullivan, Indian River Community College, handed out a course schedule and addressed City Council. Mr. Paternoster asked what other colleges have been talked to about that facility, and the City Manager said no others had been approached. MOTION by Mr. Paternoster to table until such time as Mr. Minner puts out information to other colleges to see if they are interested. No second. Mr. Wolff asked whether IRCC had approached the elementary schools; expressed concern for overhead; stated this may not be prudent. MOTION by Mr. Paternoster, and SECOND by Mr. Wolff to postpone indefinitely Roll call vote result was as follows: Ayes: Paternoster, Wolff Nays: Neglia, Simchick Tie -Failed ~y, 12 Regular City Council Meeting June 13, 2007 Page Thirteen MOTION by Ms. Simchick, and SECOND by Mr. Neglia to allow IRCC to use the facility for one year. Roll call vote result was as follows: Ayes: Neglia, Simchick Nays: Paternoster, Wolff Tie -Failed 07.019 E. First Reading of Ordinance No. 0-07-10 -Senior Homestead Exemption to 2~s-222 Replace Emergency Ordinance No. 0-07-09 -Set Public Hearing for 6/27/07 City Clerk Transmittal, 0-07-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. MOTION by Mr. Neglia, and SECOND by Mr. Wolff to suspend item E passed on a voice vote of 5-0. 07.057 F. First Reading -Ordinance No. 0-07-11 -Natural Resources Board -Set Public 223-227 Hearing for 6/25/07 (City Attorney Transmittal, 0-07-11, Environmental Committee and Tree Board Recommendations Included in Language) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-240 AND ADDING SECTION 2-241 TO CREATE THE NATURAL RESOURCES BOARD; PROVIDING FOR INITIAL COMPOSITION, CONFLICT AND EFFECTIVE DATE. The City Attorney read the ordinance by title. MOTION by Mr. Neglia, and SECOND by Ms Simchick to pass Ordinance No. 0-07-11 on first reading and set public hearing for June 27, 2007. Roll call vote result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 15. 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 07.118 A. Flo Ursulean -Firehouse Garage Parking Issues -Revisit Site Plan (Maps) 229-233 Flo Ursulean described his problems with Code Enforcement over parking issues and said he was leaving this in Council's hands to help him resolve his parking problems o~ buy him out. r ~~' , 13 Regular City Council Meeting June 13, 2007 Page Fourteen The City Attorney said with Council direction he would seek alternatives to resolve the issues. MOTION by Mr. Wolff and SECOND by Mayor Coy to direct the City Attorney to work with the property owner to resolve his issues passed on a voice vote of 5-0. The remaining agenda items (not titles) which were not addressed due to lack of time will be carried forward along with the three items stated previously to the next regular meeting agenda. 07.119 B. Damien Gilliams -City Manager Evaluation (no backup) 16. CITY ATTORNEY MATTERS 07.120 A. Authorization to Specially Appoint Attorney for Conflict Matters (no backup) 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS A. 07.021 B. C. D. E. Council Member Wolff i. City Attorney Evaluation (no backup) Mayor Coy Mr. Neglia Council Member Paternoster Council Member Simchick 20. Mayor Coy adjourned the Regular Meeting at 11:00 p.m. -~ (c 14 an a ~~'~T HOME OF PELICAN ISIAIdD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-07-23 Agenda No: C~ 7, d !' (p Department Origin: City Clerk App ve ul~mittal by: Date Submitted: 6/20/07 '~ '` For Agenda of: 6/27 i er, City Manager City Attorney: Exhibits: R-07-23, Proposed County Ordinance Expenditure Required: Amount Budgeted: Appropriation Required: NIA N/A NIA SUMMARY STATEMENT At the June 13, 2007 Regular Council meeting, City Council directed that a letter be sent to County Planning and Zoning urging support for amendments to the IRC LDR regarding industrial zoning to eliminate heavy uses in light industrial. At the same meeting, City Council directed that a resolution be brought beck to the June 27, 2007 meeting to urge the Board of County Commissioners to act favorably on the amendments. The amendments passed Planning and Zoning on a 6-1 vote and were forwarded to the Board of County Commissioners. Resolution No. R-07-23 is provided for adoption at the directive of City Council. RECOMMENDED ACTION Adopt Resolution No. R-07-23 and forward it to the Indian River Board of County Commissioners prior to its hearing on the proposed amendment. '~ ,~ _~ RESOLUTION NO. R-07-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING THE INDIAN RIVER COUNTY BOARD OF COr1AMISSIONERS TO APPROVE A PROPOSED ORDINANCE TO AMEND INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS CHAPTER 911, ZONING, BY REVISING THE TABLE OF USES FOR INDUSTRIAL DISTRICTS iN SECTIONS 911.11(4) AS RECOMMENDED BY STAFF AND COUNTY PLANNING AND ZONING COMMISSION ; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a proposed concrete plant adjacent to Sebastian City limits has prompted formation of a citizens group which opposes heavy uses within County Light Industrial Zoning Districts; and WHEREAS, citizens of Sebastian have come forward to request the assistance of City Council in supporting new regulations for industrial zoning districts in Indian River County; and WHEREAS, City Council, by consensus, directed City staff to submit a letter of support for the amendments proposed by County staff to County Planning and Zoning Commission for its June 14, 2007 meeting; and WHEREAS, City Council, by consensus, urges the County Commission to act favorably on the proposed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. SUPPORT FOR APPROVAL OF AMENDMENTS TO 911.11 (4) REGARDING USES IN INDUSTRIAL DISTRICTS. The City Council of the City of Sebastian strongly urges the Indian River County Board of County Commissioners to approve amendments to 911.11 (4) of the Indian River County Land Development Regulations as submitted by County staff and recommended by County Planning and Zoning Commission. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. t ~(_,.. ~., Section 3. EFFECTIVE DATE. This Resolution shall be come effective immediately upon its adoption. This resolution was moved for adoption by Councilmember motion was seconded by Councilmember to a vote, the vote was as follows: . The and, upon being put Mayor Andea B. Goy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this ~tesolution duly passed and adopted this day of , 2007. ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy 2 3U ORDINANCE 2007- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs}; PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, BY REVISING THE TABLE OF U5ES FOR INDUSTRIAL DISTRICTS IN SECTION 911.11(4); PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT. REGULATIONS (CDR'S) BE AMENDED AS FOLLOWS: SECTION #1: AMENDMENTS. Section 911.11, Uses in the Industrial Districts, is hereby amended to read as follows: (4} ~Ises: Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings. District Use IL IG Agriculture Agricultural Production Crops Horticultural and landscape P P Plants and specialties Mulch products and services P P Kennels and animal boarding P P Services Farm labor and management services P P Landscape services P P Veterinary services 2 P P Commercial fisheries P - Commercial Construction General building contractors P P Special trade contractors P P Personal Services • Linen supply ~ P - ~7~ Bold Italics: Additions to Ordinance 1 Strip: Deleted Text from Existing Ordinance • F:1Community Development\Users\CurDevIORDR~IANCE1200712007- 911.11 industrlaE uses.RTF A~TAG~~~~~ oRDn~ArrcE aoo~- 3 ~- .District Use IL IG Carpet and upholstery cleaning P Dry cleaning plants P - Auto Repair, Services and Parking Automobile parking and storage P - Automobile Repair Body and paint shops p p General automotive repair P p Carwashes p _ Miscellaneous Repairs Electrical repair p p Reupholstery and furniture P ~ P Welding p p Heavy machinery p p Social Services Iob training services P p Wholesale Trade _ Durable goads p p Non-durable goods p p Auction facilities, unenclosed S - Fleamarket ~ ~ A, _ Auto and home supply stores p _ Gasoline service stations p S Boat dealers p _ Recreational vehicle dealers P - Motorcycle dealers p _ Automobile sales (new and/or used} p _ Automotive fluid sales and services (otherthan gasoline) - A Eating and Drinking Establishments Restaurants ~ p _ Take out restaurants p p Drive through - p _ Sold Italics: Additions to Orduiance ~#~e-#lireugl3: Deleted Text from Existing Ordinance F:1CommunilyDevelopinent\Users\CurDev\ORDINANCE\200712007- 91I,llindustri3luses.RTF ORDINANCE 2007- IJistrict Use IL IG Bars and lounges P - Bottle clubs P - Fuel dealers P P Adult entertainment facilities S S Maxine-Related Commercial Activities Boat sales and rental P - Commercial marina P - Marine repair and services P P Industrial Manufacturing ~ ~ Food and kindred products P P Tobacco products P P Fruit and vegetable juice extraction A P Fruit and vegetable packing houses ~ A P Textile products P P Lumber and wood P P Furniture and fixtures P P g ~ ~g Paper manufacturing - P Printing and related support activities P P Chemicals mad-a~ked•$~ - P Petroleum products - P Rubber and plastics - P Tires - P Rubber and plastic footwear P P Hose, belts, gaskets and packing P P Fabricated rubber products P P Drugs and pharmaceuticals P P Tanning and finishing - P Footwear P P Bold Xtalics: Additions to Ordinance ~1~I} Deleted Text from Existing Ordinance ~\ 3 '? `~ \ ~~ F:\Commnnity DevelopmenflUsers\CurDev\ORDINANCE1200712007- 9I I.l I industrial uses.RTF ORDINANCE 2007- District Use IL IG Other leather goods p p Brick and file .. p Glass and glass products ~ p Cement and concrete products - p Otlier nonmetallic mineral products ~Ste>3e-g~aes a~-slay - Iz P Primary metal industries - P Fabricated metal products P p Machine shops ~ p p Industrial machinery and equipment - P Electronic and other electric equipment ~ P P Transportation equipment - P Instruments and related products P P Junk and salvage yards - S Demolition debris site - S Transportation rznd Utilities Airports/airstrips S S Heliports/helipads S S Railroad and bus transportation services P P Trucking and courier services P P Commercial warehousing & storage p p Moving and storage P p Trucking terminals P p Self storage P P Outdoor storage ~ P P Vehicle storage Iot (paved/unpaved}2 P P Postal services P P Water transport services P - Airtransport services ~ P - Pipelines P P Transportation Services .,~ -- \ j`~ Bold Italics: Additions to Ordinance ,..~ ~'~ '' g~etig#: Deleted Tent from Existing Ordinance `~ ~~,; F:1Community DeveIopmenftUsers\CurDev\ORDINANCE1200712007- 911.11 indushial uses.RTF oxDINANCE aoo7- District Use IL IG Communications towers {wireless facilities) A3 A3 Communications towers (non-wireless facilities) Amateur radio (accessory use) Less than 80 feet P P 80 feet or taller (see 971.44(4) far special criteria) S S Commercial Up to 70 feet: Camouflaged ~ P P Non-camouflaged P P 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) A A Not camouflaged and not monopole A/S* A/S* Over 150 feet: ' All tower types (see 971.44(1} for special criteria) S S Freight transport arrangement P P Utilities Public and private utilities, heavy S S Gas services P P Electric services P P Water services P P Sanitary services P P Irrigation systems P P Residential Uses Accessory housing {watchmen) A A P=Permitted use A= Administrative permit use S= Special exception use. EThe requirements of section 917.46{11) of the accessory uses and stxuctures chapter, shall apply to towers less than seventy (70} feet. Bold Italics: Additions to Ordinance ~il~~gh:• Deleted Text from Existing Ordinance F_\CommunityDevelopmenAC3sets\CurDev\OItDINANCE\200712007- 9E1.11'sndusVia2uses.RTF .~ ~- ORDINANCE 2007- a Standards fox unpaved vehicle storage lots are found in section 954.08{6). 3For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. *See 971.44{4) to determine whether the administrative permit or special exception use process applies. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect immediately upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this day of , 2007. This ordinance was advertised in the Press-Journal on the day of , 2007, for a public hearing to be held on the day of , 2007, at which time it was moved far adoption by Commissioner ,seconded by Commissioner ,and adopted by the following vote: Chairman Gary C. Wheeler Vice Chairman Sandra L. Bowden Commissioner Joseph E. Flescher Bold Italics: Additions to Ordinance ~~~'~° *~~^••^'': Deleted Text from Existing Ordinance ~~ i F:\Community Development\UserslCurDev\ORDINANCE1200712007- 9]1.11 industrial uses.RT'F ~.~. _. ORDINANCE 2007- Commissioner Wesley S. Davis i Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Gary C. Wheeler, Chairman ATTEST BY: Je~ey K. Barton, Clerk This ordinance was filed with the Department of State on the fallowing date: and is to take effect on APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; Community Development Director Bold ,Italics: Additions to Ordinance £*••~'~°g~ Deleted Text from Existing Ordinance F_1Community DevelormenflUsers\CurDev\ORDINANCE12007\2007- 911.1 l industrial uses.RTF 7 .~ ~ ;`~ ' j~ ....,~ f '_f°'° t7t1` OF ~~ HOME OF PELICI4N ISWVU CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Annual Cold in place Recycling Agenda No. d 7 , ~3 d Base course Contract Bid Award Department Origin: Public Wor Appr ved fo ubmittal by: Department Head:~L~ Finance Director: ' City Attorney: City Clerk: 'n Date Submitted: 06/12/07 For Agenda of: 06/27/07 Exhibits: Bid Tabulation Sheet EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: As budget yearly $ -0- $ -~- SUMMARY The Public Works Department solicited sealed bids for an annual contractor to do cold in place recycling of roads and two responses were received. After a review by staff and meetings with the City Manager and City Attorney, the Public Works Department recommends that Asphalt Recycling Inc.- Melbourne, Florida be awarded the annual contract. The City has done business with this company in the past and has had great success with them. This company also, if there is a problem will stand behind their work and repair the problem at little or no cost to the city. Asphalt Recycling has done business with Indian River County and Osceola County and there have been no complaints that we are aware of. This will be a two-year award with three one-year renewals. RECOMMENDED ACTION Move to award the annual recycling contract to Asphalt Recycling Inc of Melbourne with streets to be done as needed and as funding permits. ,•~'~"~ ~, ~,~`, °~:.e....~` ,~.' ~~ N N O U a~ N m m rn c U U O ~ ~ N d U (6 O a O C N 'O O O U c ~ O ~ ~p c_ ~ ~ ~ ~ co Q r O ~ ~ m m U U O ~ ~ O N N C Q ~ ~ m ~ Z o o ~n 0 ~ ~ N c~ c~ x U ~ ~ O ~ ~ ~p ~ N C O f6 .N Q O ~ N W H> d> ~ ~ ~ N (0 N CO } N ~ T L U 7 ~U ~ ~ c ~ c 0 ~ O i N N U C ' C >+ ~ ~ U O ~ C N Q L O U N _ ti Q a ~~J ~~~ ~~ CRY OF ~. y' HOME' OF FELIG~N tSF1~l~ID CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Annual Asphalt Contract Bid Agenda No. Q ~. (3 ~ Award Department Origin: P~lic Works - Appr ved f Submittal by: Department Head:(_~~y~~~~t~~.G~~ ~ _ Finance Director ~ City Attorney: City Clerk• A nn Date Submitted: 06/12/07 For Agenda of: 06/27/07 Exhibits: Bid Tabulation Sheet EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: As budget yearly $ -0- $ -~- SUMMARY The Public Works Department solicited sealed bids for an annual paving contractor and we received four responses. After a review by staff and meetings with the City Manager and City Attorney, the Public Works Department recommends that Community Asphalt, which is the low bidder, be rejected, and the bid be awarded to APAC -Southeast Inc. of Melbourne, Florida. APAC is 2.5% or $2.50 higher than the low bidder @$103.00 per ton. This request is being made because we have done business with Community Asphalt in the past and have had a bad experience with them. Two roads in the city had to be completely redone two years after paving due to poor quality and the crew was very sloppy and refused to work with the City to correct the problems. This is also the company doing the US # 1 paving in Sebastian at this time. APAC, which has done business with the City, several years ago, has never caused the City concern nor have we had problems with their work. The term of this agreement will be for two years, renewable for up to three additional years in one-year increments. Each year a list will be determined based on need and funding and then given to the contractor for completion after review by Council. For FY07, the only street on our list is the reconstruction and paving of Easy Street due to its current condition. Council has already allocated funds. For FY08, Periwinkle, Palmetto and other streets yet to be determined will be targeted. _..,, ~~~~~'J ,~~~ • ~n_.~ At this time, we are asking not to award the Type S-1 Pickup contract because although APAC has the lowest price it would be cost prohibitive to travel to Melbourne to pick-up asphalt for pothole patching therefore, we will continue to go to different locations in Vero Beach as needed. RECOMMENDED ACTION Move to award the annual paving contract to APAC-Southeast Inc of Melbourne, Florida streets to be done as needed and as funding permits. ,C,~ L~ Q) C d (0 O d O ~ N N ~ L ~ O. , N Q ~ 1 C 1.() O O •~ C 7 C ~ N fa ~- F- O ~_ m m o ~n T o ~ 1 0 0 0 0 i~ 0 U a~ d ~» ~ E» e3 ~ ~n T o ~ 0 N 0 N 1 ~ O O O O O V Y U O EA EA EA EA ~' O O O O O ~ O O ~ O f~ M 1 O C a O ~+ ~ ~}} EF} EA K} ~ O O O N ~ O O O ~ C O c'~ ~ ~_ N O ~ r N N N > M O ~ d-} ffl EA EH C O O O O O ~ O O ~ ~ O M M O 1 1 O T O T T r T r t0 L Q ~ ~' Q EA FR fA fA C ~ O O ~ O ~ 1 O r- T M O T ~ d' T O ~- T 1 yr Q TQ (0 ~ O O ~ O M M O to O T O T T T r- T 1 O C O ~ H 1 ~ ~ EA EA O 1 U C U C ~ O (0 cn O U (~ Q~ L O L ~ ~ ~ O C O L O ~ D U I O UI O U L V ~ U ~_ L ~ L O O~ N U_ N ~p N U m ~ d a 1 s~ t ,~" _'~ Y e arc a .~~. HBME OF PELIGN IS-NJD Subject: Reappointments from Districts to Agenda No: Q 7 , O 7 At-Large Positions Department Origin: City Clerk's Office Ap rov r Submittal by: City Clerk: • City Attorney: Date Submitted: 6/20/07 ' For Agenda of: 6/27/07 an ger i Exhibits: Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its June 13, 2007 Regular Meeting, adopted Ordinance No. 0-07- 07 changing the composition of the Parks and Recreation Committee to eliminate district residency for members and making membership at-large; and to change the site of the committee to five regular members and one alternate. The ordinance provides that "there shall be a continuity of terms for the membership from the original establishment of the committee, with terms hereinafter governed by the general provisions of this Article'; however, to clean up public record as to appointment of each individual who currently holds a specific term position, and because some of them were not in place during the original establishment of the committee, I would ask that you formally transfer current members to at-large membership as set out below: MEMBER NAME AND TERMS ADDRESS Don Wright Term to expire 5/31/2007 720 N. Fischer Circle Originally appointed 3/8/06 Sebastian, FL 32958 581-2978 Kelly Palfi Term to expire 5/31/2008 872 Jordan Avenue Originally appointed 4/11/07 Sebastian, FL 32958 581-01661539-7113 ,~~, ~`\ ,~, Cindy Falco 1309 Louisiana Avenue Sebastian, FL 32958 581-9291 Jeff Kagan 430 Easy Street Sebastian, FL 32958 539-9674 vacant Gary Barth -Alt Member 1751 Mainsail Street Sebastian, FL 32958 589-8079 Term to expire 5/31/2009 Originally appointed 6/14/06 Terre to expire 5/31/2008 Originally Appointed 10/12/05 Term to expire 5/31/2009 Term to expire 5/31/2008 Appointed 7/13/05 vacant -Alt Member Term to expire 5/31/2009 RECOMMENDED ACTION Move to accept the existing members with their staggered expiration dates as the at-large members as outlined in Ordinance No. 0-07-07 L ~?.' cm or J --~ ~" `_ HOME of PELICAN ~suwo Subject: Vacant At-Large and Alternate Agenda No: (~ ~ , d U L Positions on the Parks & Recreation Advisory Committee Department Origin: City Clerk's C~fFice City Clerk: Appr ed bmittal by: City Attorney: • Date Submitted: /20/07 For Agenda of: 6/27/07 Ci r Exhibits: applications, ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT There are two applications for consideration. RECOMMENDED ACTION 1) Interview unless waived, and nominate one applicant to the at-large member position which will expire 6/31/2009. 2) Interview unless waived, and nominate other applicant to the alternate member position which will expire 6/31/2009. ~- p~~, ~ ~ 1~ .~ _.__... -~ f,,~ \ e:.~ ~~.a.._....! ` anoF ~~~~~ ~-~ - HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All CitYBoard and Committee Members Must be Residents of the City of Sebastian) NAME: ~, Q, ,r, ~ C ~ ~~-- HOME ADDRESS: ~ L/ ~ ~ ~ n l ,/~ ~ HOME PHONE: HOME FAX: E-MAIL: Z 7a - (~ y 3 - ~ X711 '~~~ ~ - ~~' ~ ~- l ~ ~3 /~'~ ~-` ~~-r BUSINESS: ~~,~ a BUSINESS ADDRESS: s~T~,~- BUSINESS PHONE: ~ ,,,4- BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~/e-S HOW LONG? ~> J y DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~ a PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)* 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)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterty)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) ~n e C TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment ~~ MMf% I~fa c''y'1 ~~ ~,,..-.. (~ `~:~ APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief reysume is required) ~i9"~ 5c ~ ~ z~ ~ ~r~..d> ~~ I~Oc,•~ ~pl1 5 ~ r Val-~e~cx\ ; 5~- Lc~~ S HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? U~}~~~z~~~o.-~ c~~ ~~c .N~,~V~~t Te,~orC~S, Sin ~~.-~~s wit ~~ ~~ut~ pt~,~ec-~s` ~r~.S~~~~ ~. ~~~~C~' ~~;f~ I~fe~ !c. oqJ .~ LIST ANY ADDITIONAL ``QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: %~~~xG~~e ~C~~CV~~~ ~ Vas+`~ °~"~1~ ~~~Ctn~ ~ !`iJcfs ~ ~Slcr- ~Q~t1,ly , ~~; ~¢..c.r~ ~ ~0~°.5 C I'e~k~~'~ d~ ©c~~ ~eCv~~ // ~/ ,• HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ~,/~1 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /I/ /~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? / 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 information requested in this application is cause for disqualification. 1 have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. Applicant Sig ure , Subscribed and sworn to before me this day of --i by 9. +~ S J~ ~~mU ,l.(.~"Y'1L~1°l'r who is personally known to me, or has produced_ T ~~- D~ I ~~'S ~ C~nS2 as identification. ary Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\appl icat.wpd rev. 10/2005 -~.,,~ ,~ ~~) • f a ~~ HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ,~ ~ ~ ~` ~'~ HOME ADDRESS: ~ S ~~ b~ `lcxv~ 1, ~~ HOME PHONE:5 -~^~_~ ~ d HOME FAX: ~ ~J' - ~3 ~ E-MAIL: .~ °'a''`n~e c-~eC 7 ~ 6 a }- BUSINESS: ~ GL ~ r ~ c'y~t~ v-, ~~ c~`~ BUSINESS ADDRESS: r ,~ ~ ~~ 3~.~s 5-~b~~~«~ ~ BUSINESS PHONE:~~~ `~~~~ BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? u~ 5 HOW LONG? ~ ~'~ ~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? Z~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? 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 COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)* ,-._, 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)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterty)* ~=- / PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) ~~ TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE c~ TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) ~ (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment N i W O - Ct77 ,~ ,7 r,. ~ ,- ° ` ~ ~~, APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE```` N~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ ~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certity 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. 1 understand that any misrepresentation or omission of information 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). Information relative to a speafic board or oommitte 'available if reques qd. App nt Signature Subscribed and swo11~rn to before me this Zd ~`'` day of zao ~ by ~7Q /`>i/Jl~~ ~y- t f"L.. who is personally known to me, or has produced ~L ]~Y'l V eta L1 CQr~ S e, as identification. .c.~'.C~(~-N1'~ ry Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-formlapplicatwpd rev. 10/2005 ;.,._:~~"` JEANETTEWILLIgMS Commission DD 630052 spa Expires February 28, 2011 ./~-(--„~~ e«~,anwnoyFr„.eoo,~esm~e "1 Application to serve on the Parks and Recreation Committee I would like to apply to serve on the Pazks and Recreation Committee for the city of Sebastian. I am a home owner here and have lived in Sebastian for 2 '/2 yeazs moving here from Fairbanks, Alaska. My husband and I have been coming here for years to visit with family and decided to make the move. We have always liked Sebastian so it was not too hazd a decision. I taught school for many years while. in Fairbanks and was active in local and state committees for the school district and our teacher's union. While living there I was active in many committees from budget, board of directors, membership, PTA, curriculum committees and more. Living in Fairbanks I also was involved in our community as a member of the Fairbanks Historical Preservation Society, Fairbanks Humane Society, St. Mark's Church Committee, and other short term groups to help the city on activities that were needed. For over 13 yeazs Iwas achair/member of our Road Service committee. In our borough, different azeas of homes could elect to form a road service which would address the needs of the roads in that area. The residents voted on a mill to tax them selves to have money budgeted to do road maintenance, repairs, snow clearing, and anything that dealt with the area roads. As a chair person I had to work with a budget, keep up paperwork and contracts, call area meetings, work with the borough offices dealing with our azeas needs and concerns. I have always felt that you should be involved with what is going on where ever you live. I attend as many of the city council meetings here in Sebastian and have and interest on the issues that deal with our city and the areas azound us. The chance to be involved with the Parks and Recreation Committee will be a way for me to give to my community. I feel that I have a good background to work with many kinds of people, issues, and help with decisions that will affect all of us. ou, W e White 449 Easy St. Sebastian, Fl 32958 Home 589-9300 Cell 766-2501 j oanne@2whites.com rA ~~ ~. '! ,J /fff ~~ e` CITY OF SEBAST~ ~. --- }~'~ ~~ HOME OF PELICAN ISLAND June 18, 2007 PRESS RELEASE PARKS ~ RECREATION ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING POSITIONS ON THE PARKS AND RECREATION ADVISORY BOARD: ONE REGULAR MEMBER POSITION EXPIRING JUNE 31, 2009 ONE ALTERNATE MEMBER POSITION EXPIRING JUNE 31, 2009 ALL APPLICANTS MUST BE CITY RESIDENTS. THIS COMMITTEE MEETS ON THE LAST MONDAY OF EACH MONTH AT 5:30 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED UNTIL FILLED. .~ ~,.. r ~; ~ ,, _,~.~ '~~ '~~ City of Sebastian, Florida c~ °c~i~ ~rrY ~°r~ra€a~r~Y~ AGENDA TRANSMITTAL Agenda No. ~ ' U 7 - l Subject: Natural resources Board; Date Submitted: 6/21/07 Ordinance 0-07-11 For Agenda of: 6/27/07 SUMMARY: The Tree and Landscape Advisory Board, together with the Temporary Environmental Committee, held a jointly reviewed the proposed language as to the duties and mission of the newly-created board. The changes recommended by these bodies have been incorporated into the ordinance. The existing members of these bodies will comprise the initial Natural resources Board. At this time there will be seven regular members and three alternates. RECOMMENDED ACTION: At Council's discretion - Move to adopt Ordinance 0-07-11. REVIEWED BY CITY CLERK: ~ AUTHORIZED PLACEMENT ON AGENDA BY CI MANAGER• ~r"~ ~~,'~ ~ } ORDINANCE 0-07-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, :AMENDING CITY CODE:...SECTION. 2-240. AND ADDING • SECTION Z-241 TO .,CREATE THE NATURAL RESOURCES BOARD; PROVIDING FOR Ilvi1'IA-L COMPOSITION, CONFLICT AND EFFECTIVE DATE. WHEREAS, the City Council, through consultation with the ..subject bodies, has decided that the public will benefit from the .synergy, and efficiencies that will result from merging the Temporary Environmental Advisory Committee ..with. the Tree and Landscape Advisory Board to create a Natural Resources Board; and AREAS, the Council desires that current members of said bodies maintain positions with the newly-created board; NOW, THEREFORE, BE IT ORDAINED.. BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: • • Section 1. That section 2-240 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-240 Natural Resources Board; cre~ah'on. {-a3- There is hereby created . a Natural Resources Board, which shall > > consist of €~e ~ regulaz members and two alternate members. Meetings shall be held at such times and places as determined by the city council and shall be open to the public. Section 2. That the Code of Ordinances, City of Sebastian, Florida, is .hereby amended to create Section 2-241 which shall read as follows: Mission Statement: _To improve the quality of life ~~ .Cnhnctiny, t,„ ~,~.t„~.;~„ *~.~ -- ---- K/ .N/ 6/L eneficial relationchr between ur citize . and our environment by nrote~~%n¢ preserving and promoting our natural recource ~# ~.~ Ln nL~*s »it of this mission= th_e NatL~ral Re4nurc.~. Board ~3~11 rno~;de nalvsis and advice to th_e Citv CouncL on en 'ro mental icenec with a thrP~_ fo.^,':.~ on ~ Preservati on & Enhancement= Re~atnrv Pro ms and Public .sets ~~ Preserv a. ation and Enhancement ~d?~cp wil_1 featLre: orts _for th_e urot~+±on of historic. amen and rn~otect?-ci t_re~s_ b. Development of 'nitiatives and nro~s for conservation of cPncitive l ands and oven space. to be pursued _both wi hip the City proper and c. lv on an intergove mental b ~i . uearheadinv pLbLc education -and awareness everr~c ~~ch ac the d. A model for monitoring and enhancing the „Than fnrPCt a,.i ,,,tifa..fwi skies within the habitat. Reeulatorv Pro *ns ii a*!ce wL _fe ature: a. periodic review of the to;e pr ote~:tini+ and l~ndecanP code provisions to d amen . b. s for development ments. of 'tio al s of enviro mentor c. ormulation of nolicv co sid erationc to be ced as ide ine~e by th arm'rr and 'nom C m i_ccinn 'n _ eonsiclea~in~ land develnr~meo# -- - ~'~_ ~ PubLic ~L_c4et~ 1V[anaoe~nent dance wiL feature: a. Proposed p at[ti~ o trees or ~- _ b. eloping en 'rcmm al be an~~emettt pra~ices to be emnlc-ve~ by Th6 City C~~?cil tnay at~i~sn nr re~n,ze ct ar#~i;tinnal ar~t;~„t~~ ~ +t~ ~~„~ Section 3. 1]A)E. CQI~O~S~t~F. l~otwithstancling the mtmerical designations set forth is Section 1 above, the initial membership of the Natural Resources Board shalt. be comprised of all existing members of berth the "free and f,andscape Advisory Board together with the 'T`emporary Environmental Advisory Committee, with such. members maintaining their existing status as regular or alternate members of the new Board. Section 4. CQNFLICT. All resolutions, ordinances or parts of ordinances in conflict herewith, specifically including but not limited to Resolution R-47-1f}, are hereby repealed. References within the City Code to the "'f'ree and Landscape Advisory Board" shall be amended to reflect the name `Natural Resources Board". Section 5. I+;~'EC'TIVE DATE. This Ordinance shall become- effective immediately. °~ ~, ,,,~ . • • • The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member Al Paternoster Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 27~' clay of June, 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk • only: Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City Attorney • • ~. ~, • ~ ~ . l,`` • • From: Michelle Martin [mailto:mmartin@publicrisk.com] Sent: Wednesday, May 23, 2007 11:42 AM To: Shai Francis Cc: gmurray@cityofsebastian.com Subject: Dog Park -Insurance Ladies: Per our recent communications, Ican confirm that the addition of an unmanned, non-revenue producing dog park would be included within the PGIT policy's current liability premium. Any future liability insurance costs would be negligible for an operation such as this. The only other insurance costs that would apply is if the City insures property damage to any fixtures/fencing that may exist. As an estimate, if the City put in $100,000 of fencing/lighting/benches/etc., the resulting insurance cost would be approximately $1000 per year at the current property rate. Please let me know if you have any further questions. Best regards, Michelle Michelle Y. Martin, CIC Vice President, Account Executive Brown & Brown Public Risk Insurance Agency 220 S. Ridgewood Avenue, Daytona Beach, FL 32114 386-239-4047 Direct Phone 386-239-4049 Fax 386-566-3484 Mobile mmartin(a~bbpria.com www.bbinsurance.com O ~7 ~ 1 U ~- ~g1 7 `~a Sally Maio From: dogpark@hushmail.com Sent: Saturday, May 26, 2007 9:38 AM To: Andrea Coy; Sal Neglia; AI Paternoster; Dale I. Simchick; Eugene Wolff Cc: Chris McCarthy; Don Wright; Ginny & Dick Nichols; Linda Scott; Rich Haller Subject: Fwd: Dog Park Dear Council Members, A couple of weeks ago we sent you an e-mail requesting a list of questions and concerns regarding the forthcoming dog park, so that our citizens' group could research these issues, and respond. We want to help assure you that a dog park is a good thing for Sebastian, and will not be a liability risk. Since then I have heard from Ms. Simchick and Mr. Wolff, and believe their issues have been addressed. Mr. Paternoster had concerns about insurability of the park, and if there is a sufficient population of potential users. He was also concerned with cost containment. I believe we are ready to satisfactorily respond to those issues. If any of you have other issues or concerns, it is important that you send them to us in a timely fashion, so that we will be able to research and respond to them. We want this to be a successful undertaking, one that will continue to place the City of Sebastian in a favorable light. Again, you may respond to us by e-mail, or may call us at 589-2867. Thank you for your input, Jack and Carol Wilson, for Dogs' Best Friends Citizens' Action Group ----- Forwarded message from Wrightsbstnl@aol.com ----- Al, thanks for meeting with me yesterday.A summary of our discussions follows. The letter as respects insurance indicates that liability coverage under the city's policy would be negligible and property insurance based on $100,000 of value would be about $1000 per year. Since we are talking about significantly lower value especially to start up, I would guess that the premium would be reduced. Our committee will try to obtain information about how many dogs and dog owners are in Sebastian. You indicated that you would survey the residents in the neighborhood. And look into a survey of all residents to evaluate need/ desire for this park. The initial cost of setting up the park and we feel that only the essentials should be put in to get it started will be estimated so we have a number for the City Council. You will let us know if there are any other sites to evaluate. Since this is back on the City Council agenda at the request of the Mayor on 6/27. We would like to be completely ready to make another presentation. Our next Parks and Rec comm meeting is 6/25 and I would hope to have all the pieces together prior to that date and be able to meet with the dog park group prior to that date and have the final presentation ready. Finally, if necessary since we may have a dog park in a residential area, once the council blesses this, if necessary we can present to P&Z. Please let me know if I missed anything. Thanks Don Wright ************************************** See what's free at http•//www.aol.com. - - ~~ ~ ~~, Click here to find an affordable personal injury lawyer that you trust. ~~ http.//tagline.hushmail.com/fc/CAaCXvlaVjspwgxFgMbpOvOvk6FpIdWH/ `~ 1 Q~~(U~ r 1f / A ~ f - arcoF J~~ ! HQMEOF'PELtCAN ISUIND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Ordinance No. 0-07-12 Agenda No: ~ ~ ~ ~ ~Jr City Clerk Department Origin: Cemetery Fees/Proof of Residency Requirement for Sebastian Rate ` Date Submitted: ~ /g ~ Ap rove o .Submittal by: For Agenda of: City Attorney: e ,City Manager Exhibits: 0-07-12, current Code language re: cemetery Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT At the June 13, 2007 Regular Council meeting, there was discussion of providing a definition of Sebastian residency to obtain the City resident rate for cemetery sites. City Council, by consensus approved the rates as recommended by staff -one set of fees for Sebastian residents and one for others outside the City limits. We have provided language to define proof of residency in Section 34-11 of the Code of Ordinances. RECOMMENDED ACTION Pass Ordinance No. 0-07-12 on first reading and set public hearing for July 11, 2007. i r ~~ , ~, ~.o ; ~~ ORDINANCE NO. O-OT-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 3411 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND-ADDING A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary to amend certain language in Chapter 34 relative to the Sebastian Municipal Cemetery to clarify that there will be one set of fees for Sebastian residents with proof of residency and another set of fees for anyone outside City limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That Section 34-11 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-11. Interment site prices; establishment of fees for Sebastian residents and individuals outside City limits, defining proof of residency. l~i€as~€ Fees for all interment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time. One set of fees shall be established for Sebastian residents and one set of fees shall be established for all others outside of City limits. For anyone who purchases a site and for anyone who is to be interred in a site, proof of City residency must be provided as set out below to receive the Sebastian resident rate. Anyone claiminct City residency to receive the City resident rate must provide two proofs of residency at the time of sale and/or prior to interment from the following list: ^ Florida vehicle registration card or title ^ Voter registration card ^ Utility, telephone or cable/satellite TV bill ^ Checking or savings account statement ^ Property tax bill or receipt ^ Selective service card ^ Mortgage account or proof of home ownership ^ Residential rental contract (apartment lease or other rental of real ro e ^ Canceled check with imprinted name and address ^ First class mail from any government agency (to include the contents ---~, ~ 4 4.-" and envelope) Major credit card bill Installment loan contract from a bank or other financial institution SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC City Clerk (SEAL) Andrea B. Coy, Mayor Approved as to Form and Legal Sufficiency for Reliance By the City of Sebastian Only: Rich Stringer City Attorney 73 2 area 5~~ ~;~:: , . ~,~ HOME OF FEL1GVi 15taND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-07-25 Agenda No: O 7. ~ l Department Origin: City Clerk App ved ubmittal by: Date Submitted: ----~ For Agenda of: 1i r, City Manager City Attorney: Exhibits: R-07-25 Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT At the June 13, 2007 Regular Council meeting, there was some discussion of the issue of Roseland resident rates and whether the cemetery should be restricted to only Sebastian residents, thus this item was placed under New Business, rather than Consent, should any member of Council want to readdress these issues. City Council, by consensus approved the rates as set out in the Resolution presented for adoption tonight. Staff feels confident that the rates proposed are appropriate, in that we do not prohibit someone from outside the City from purchasing alot/niche or being interred in a lot/niche if they are willing to pay double the cost, which will also result in preserving lots for Sebastian residents. RECOMMENDED ACTION Adopt Resolution No. R-07-25 establishing new rates for the Sebastian Municipal Cemetery with an effective date of July 11, 2007. ~4r ~~ ,._----" ~~5 RESOLUTION NO. R-07-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida owns and operates a municipal cemetery; and WHEREAS, Section 34-11 of the Code of Ordinances of the City of Sebastian requires that cemetery rates be set by resolution; and WHEREAS, following a review of existing rates, the need to increase the cemetery trust fund for perpetual maintenance and preservation of lots for City residents for the next several years initiated a need to increase rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. INTERMENT AND SERVICE RATES. Interment and service rates are hereby established for: Residents who reside in the corporate limits of the City of Sebastian. 2. Non-residents. Interment and Service Rates shall be as follows: ~~ ~~ Cremain & Niche Interment 40 Cremain & Niche Disinterment 40 Opening/Closing (any type of burial) Weekday (services that run past 3:30 pm will be charged at overtime rate) 150 Weekday after 3:30 pm, Saturday and Sunday 225 Holiday 300 AdministrativelTransfer Fees Refunds and Transfers 5% of original cost Preparation and Installation of Temporary Markers 10 ~~~ ~~"°' Section 2. SERVICES INCLUDED. The purchase price for in-ground interment sites includes sodding of the grave site and perpetual care, but does not include the cost of installing a suitable concrete foundation for grave markers as required by Section 34-18 of the Code of Ordinances of the City of Sebastian. The purchase price for niche interment space includes a bronze plaque provided, engraved and mounted by the City of Sebastian. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Resolution shall be come effective immediately upon adoption of Ordinance No. 0-07-12. This resolution was moved for adoption by Councilmember .The motion was seconded by Councilmember to a vote, the vote was as follows: Mayor Andea B. Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff and, upon being put The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2007. ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney CITY OF SEBASTIAN, FLORIDA Mayor Andrea Coy By: 3 ~~~~ 11 .,W.~'` f~..~.•-a.. d d cm ~~` .b ~: ~~ ~~~ ~~ ~ 7~~ - AGENDA TRANSMITTAL Subject: Agenda No. b ~ . (3 ~f Contract Award for Construction of Baffle Box Department Origin: ~ Bering ~ ~ Project at Davis Street and Indian River Drive Finance Dept.: _ City Attorney: Ap ov for Submittal by: City Clerk: Date Submitted: ' For Agenda of: 27 June 07 er, City Manager Exhibits: Letter from Neel-Schaffer (Engineers of Record) EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: Not to Exceed $135,134 $117,947 $17,187 from Stormwater Revenue SUMMARY City has solicited lump sum bids for construction of the Davis Street Baffle Box Stormwater Treatment Improvement Project that essentially calls for the installation of a nutrient separation baffle box and associated piping to capture sediment, litter, foliage, and hydrocarbons in the stormwater runoff collected. from an area of approximately 96 acres of light commercial and residential land located between US Highway #1 and the Indian River Lagoon, eliminating a direct discharge of untreated stormwater into the Indian River Lagoon at Indian River Drive and Davis Street. A grant of $42,790 has been awarded for application to this project by St. Johns River Water Management District on a cost-share basis. City received four (4) responsive bids in May 2007 with total bid amounts noted in ascending order as follows: $135,134 (Derrico Construction Corp.); $139,500 (Gregory Construction & Engineering, Inc.); $175,523 (Sunshine Land Design); and $229,848 (Sitewerks, tnc.). The references of the low bidder, Derrico Construction Corp. of Melbourne, were checked by Neel-Schaffer, the Engineers of Record for the project, with results of that reference check being entirely satisfactory. A further meeting was held with Derrico by the City Engineering and Public Works Departments to discuss the proposed approach by Derrico and the City's expectations regarding the project with results of that meeting also being entirely satisfactory. Based on the results of the bidding process, the outside reference checks, and the subsequent meeting directly with Derrico, staff recommends award of the contract to construct the City's Davis Street Baffle Box Project to Derrico Construction Corp. of Melbourne in an amount not to exceed $135,134 and to be completed within six (ti) calendar months following Notice to Proceed. Performance and payment bonds are required for this project and are included in the contract price. RECOMMENDED ACTION Move to approve the transfer of $17,187 to the Baffle Box Project from Stormwater Revenue and award of a lump sum contract to Derrico Construction Corp. in an amount not to exceed $135,134 for the construction of the Davis Street Baffle Box Project with project completion to be within six (6) months following Notice to Proceed. ,. '~ _,,,,..~ +.Mj s ~~ f __~ ~~ ~~ May 10 07 12:1Op Neel Schaffer 17727704640 p•2 David Fisher City Engineer, City of Sebastian City Hall 1225 Main Street Sebastian, F! 32958 tn,;:ree;r- planneYs '`t~Y4 ~'/CiS ::nviYOOnt>ant:.f S CiUd:.'L[5 i:3.tci::c. pc. >tYCflilE.: i'~ to award contract for: Sebastian Drainage Improvements - Davits Street Baffle r` This letter is to recommend award of the Base Bid plus Alternate Bid items for the Sebastian llrainage Improvements -Davis Street Baffle Box contract to Derrico Construction Corporation in the amount of $135,134.00; after they provide Proof of Insurance. 'This project was advertised for bidding on Monday, April 02, 2007. A total of eleven (11) bid documents were distributed to interested parties. On Thursday, May 03, 2007, a total offour (4) bids were received. All of these faar bidders were present at the mandatory Pre-Bid Meeting on Thursday, April 12, 2007. The table below lists the bidders and the bid amounts submitted, in the order of lowest to the highest bid. Pablie Drag free Bid ~ Ottnpaliofsal Baa Bid Alk Hid 7ota1 Bid BIDD1;R Eathy Warkplaet Bond Lleease lasnra°ce Amouafl Amonat Am°nat Crime Form Forty Cerriea Constr. yes Yes 5°/. Yzs No 5129, 352.00 55,782.00 5135,134.00 GreQori Corm Yes Yes 3°~ yes Yes 5132,500.00 5 7,000.00 S 139,500.00 &E La Sun{sbine Land },~ YC9 3y° i Y~ No S 161,198.73 E14, 324.00 5173, 322.75 Des1 Sitsworics, Inc,. Yes Yes S°h Yes Yes 5217.532.56 512,316.27 5229,848.83 The lovrest responsive bid was submitted by Derrico Construction Corporation with a Total Bid (Base Bid with Alternate Bid Items) amount of $135,134.00: Also, upon interviewing the references cited by Derrico Construction Corporation, we have received testimonials of quality work, performed consistently over a long time period. Based on these above factors, eve recommend that Derrico Construction Corporation be aavarded the contract for the above referenced project in the amount of $13,134.00; after Derrico Construction Corporation presents the required Proof of Insurance to the City of Sebastian. Should you have any questions regarding the above; please contact this office. ..,.Y+ . ,.acv. .. _ ..-._.r R~1 ~. _ ,.r_`:C;S. _~ 4~'~OU> T r._, t Tt;.l1 G7, ice.... 72. ~ _i c;.~en:,•il ~J I~~..~ iVEEL~SCHAFFER A Sol~ciona you can build upon ~~ City of Sebastian, Florida c~ o~°° °rx~ ~rrY ~°rro~v~~ AGENDA TRANSMITTAL Agenda No. O ? , U d2 j Subject: Resolution R-07-24 rescinding R-97-27; Date Submitted: 6/21/07 Special use permit, 806 Indian River Drive For Agenda of: 6/27/07 SUMMARY: . Per City Council direction, the proposed resolution rescinds R-97-27 and the conditions imposed therein as a part of the approval of a special use for restaurant seating on a dock. RECOMMENDED ACTION: Move to adopt Resolution R-07-24. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ~~ ~ ~l RESOLUTION NO. R 07-24 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RESCINDING RESOLUTION R-97-27 CONCERNING OUTDOOR SEATING AT A RESTAURANT AT 806 INDIAN RIVER DRIVE; PROVIDING FOR CONFLICT AND EFFECTIVE DATE WHEREAS, the City Council enacted Resolution R-97-27 granting special use approval, with conditions, for outdoor seating on a dock for the restaurant located at 806 Indian River Drive; and WHEREAS, the City no longer classifies this activity as a special use; and WHEREAS, use of the property continues to be restricted by the conditions set forth in said Resolution; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. RESCISSION. The City Council hereby rescinds Resolution R-97-27. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff by Councilmember and, The Mayor thereupon declared this Resolution duly passed and adopted this 27~' day of June, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ~~ ~~ arc a ~~` HOME OF PELIC/1N ISIAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Florida League of Cities Agenda No: G ?. I a,y Conference -August 2007 Department Origin: City Clerk Voting Delegate and Resoluction Date Submitted: 6/19/07 Appro d fo mittal by: For Agenda of: 6/25 City Attorney: AI i n , C' Manager Exhibits: FLC Memo 6/8/07 w/Attachments Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT Florida League of Cities is asking each municipality to designate a voting delegate for the Annual Conference business meeting which wilt be held on August 18, 2007 at which policy development, election of League leadership and adoption of resolutions will take place. We have been asked to submit the designee name no later than July 17, 2007. FLC has also provided procedures for submitting resolutions to League '~, membership and any resolutions requested need to be submitte to FLC by July 12, 2007. I would also remind Council members to please provide Jeanette with your registration requests as soon as possible if you intend to attend. Rooms do run out. RECOMMENDED ACTION Designate a voting delegate. Consider any resolutions Council would like to submit to the League. I ~~ c >~,:,, i. ,~: :. ?~ •': FLORIDA LEAGUE TO: Municipal Key Official FROM: Michael Sittig, Executive Directo DATE: June 8, 2007 CITIES SUBJECT: 81st Annual Conference -Celebrating FLC's 85th Anniversary VOTING DELEGATE AND RESOLUTION INFORMATION August 16-18, 2007 Orlando Mamott World Center As you know, the Florida League of Cities' Annual Conference will be held at the Mamott World Center in Orlando, Florida on August 16-18. This year we are celebrating the Florida League of Cities 85th Anniversary. We will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each municipality designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipalities vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2006. Registration materials have already been sent to each municipality. Call us if you need additional copies. We have attached the procedures your municipality should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gail Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616-1513, extension 116. Resolutions forms must be received by the League no later than July 12, 2007 and Voting delegate forms must be received by the League no later than July 27, 2007. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions `~~ .~ `~,~-`"' President Rene Flowers, Council Vice Chair, St. Petersburg First Vice President Frank Ortis, Mayor, Pembroke Pines ~ Second Vice President Carmine Priore, Councilmember, Wellington Executive Director Michael Sittig ~ General Counsel Harry Morrison, Jr. 301 South Bronough Street, Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 (850) 222-9684 •Suncom 2785331 • Fax (850) 222-3806 • Web site: www.flcities.com Procedures for Submitting Resolutions Florida League of Cities' 81st Annual Conference Orlando Marriott World Center, Orlando, Florida August 16-18, 2007 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 12, 2007, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the . essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a maj ority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy council. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee,. prior to the membership, at the annual Legislative Conference each fall. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. G~ 81st Annual Conference Florida League of Cities, Inc. August 16-18, 2007 Jacksonville, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate maybe properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 175Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 ~!~ Important Dates May 30, 2007 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 2 Appointment of Resolutions Committee Members July 12 Deadline for Submitting Resolutions to the League office August 16 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration August 18 Irrunediately Following Luncheon -Pick Up Voting Delegate Credentials Followed by Annual Business Session (C Sally Maio From: Dale Simchick Sent: Monday, June 18, 2007 9:36 PM To: Sally Maio Cc: Alfred Minner Subject: agenda June 27th Importance: High Sally, Please put under my matters Discussion for affordable Housing in City of Sebastian. Please include from county packet (since it was my month for county meetings) back-up pages 178-182 involving discussion and uses for surplus land. I saw this on the agenda for Tuesday June 11th and felt that it was an item I would like to take to the table for group input/ideas. Thanks Dale 1 j; ~~, ~~_~ t ~~:: . ~% 9Aa- INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administ HEAD CONCURRENCE: 2- ~./ i~/° ~---- t Robert M. Keating, A~CP ' Community Development i~ FROM: Sasan Rohani, AICP ~~'~~` Chief, Long-Range Planning DATE: June 11, 2007 SUBJECT: CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE HOUSING It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 19, 2007. BACKGROUND In 2006, the legislature passed HB 1363 relating to affordable housing. One provision of that bill is that each local government must prepare an inventory of all real property that it owns within its jurisdiction that is appropriate for use as affordable housing. Attached is a copy of Section 125.379, Florida Statutes, that relates to "disposition of county property for affordable housing". According to that statute provision, each county shall, by July 1, 2007, and every 3 years thereafter, prepare an inventory list of all real property within its jurisdiction to which the county holds fee sixnple title that is appropriate for use as affordable housing. The inventory list must include: Address of each parcel 1 78 ^ Legal description of each parcel (property tax I.D. number) ^ Indication if the property is vacant or improved ^ Indication if the property is appropriate for affordable housing According to Section 125.379 (1), F.S., the governing body of the county must review the inventory list at a public hearing and may revise the list at the conclusion of the public hearing. The Board shall then adapt a resolution that includes an inventory List of county owned properties that are appropriate for affordable housing. The properties on the list that are identified as appropriate for use as affordable housing (Appendix A of the attached resolution) maybe: ^ Sold to generate funds for the. provision of affordable housing ^ Sold with a restriction that requires the development of the property as permanent affordable housing, or ^ Donated to non-profit housing organizations for the construction of permanent affordable housing DESCRIPTION AND CONDITIONS Recently, planning staff compiled the required county awned properties list. Prior to finalizing the list, county staff received aninety-seven page printout from Ivlr. Jim Goldsmith, the chairman of the Coalition for Attainable Homes. That printout, derived from the Property Appraiser's web site, listed vacant properties in the county that included "Indian River County" in the property owner's name field. In transmitting the printout to the county, NIr. Goldsmith inquired as to whether those properties could be surplused to the coalition for the provision of affordable housing. Using County Property Appraiser data as a base, staff conducted an independent search for county owned properties. That search yielded a total of 441 county owned properties. After extensive research and coordination with other departments, planning staff has now identified the designated use for each of the properties on the list. As indicated on the list (attachment #2), many of these properties were purchased by the county for right-of--way, stormwater, conservation purposes, or other county related uses. Other properties are park sites in various subdivisions that were dedicated to the county through the platting process. Finally, some of these properties are not owned by the county, butvnstead are owned by Indian River County School District. Based on its research, staff has determined that only 10 out of the 441 parcels on the original list are not designated for any specific public use. If the Board of County Commissioners chooses, these ten properties may be surpiused and used for affordable housing purposes. i ~~ 1~ 2 179 Alternatives With respect to the ten referenced parcels, the Board of County Commissioners has the following choices: 1. To keep them for future use, or 2. To surplus them for the provision of affordable housing. Staff supports alternative number 2. Because each of the ten properties is a lot in a residential subdivision, the ten properties are .not conducive for any standard. public use. Consequently, the county does not have any reason to retain these properties. On the other hand, there is a great demand for affordable housing. If the Board decides to surplus the subject properties for the provision of affordable housing, then there are three options available. These options are: 1. Sell the properties and contribute the proceeds to the county's affordable housing trust fund (SHIP Trust Fund), or 2. Sell the properties with a deed restriction that requires that the properties be developed as permanent affordable housing, or 3. Donate the properties to non-profit housing organizations to construct affordable housing units with deed restrictions to ensure that the properties are maintained as permanent affordable housing. Staff supports either option number 1 or option numbex 3. ^ Option 1 Option one is the easiest to implement because it does not require long term monitoring. With this option, funds derived from selling the properties would be deposited in the county's affordable housing trust fund and used for affordable housing program activities such as downpayment/closing cost or rehabilitation assistance. Over the last fifteen years, the county's affordable housing program has been extremely successful, providing assistance to 819 very low, low, and moderate income households. Most of that assistance has been provided in the form of downpayment/closing cost loans. With this program, the process for providing assistance is already established, and only limited monitoring is required. The downside of this option is that the housing market is depressed, property is not selling, and prices are down. So even if the lots were sold, the yield from the sales would probably be low. ^ Option 2 In contrast to option one, option 2 is difficult to implement. With option two, the county would need to coordinate with lot buyers to ensure that Iots are developed with an affordable housing unit and to structure resale restrictions. Then a process would need to be established to monitor all subsequent transactions to ensure that assisted units remain affordable and that new buyers axe income eligible. a„~-... r'"~ i` 100 ^ Option 3 With option 3, there would be monitoring issues similar to option 2. These monitoring issues with option 3, however, can be resolved if Iots are donated to anon-profit housing organization that has established anon-profit Community Land Trust (CLT) with established procedures that have been approved by the Board of County Commissioners. In this case, the CLT will verify income eligibility and will ensure that original and subsequent sales are affordable. Currently, the Coalition for Attainable Homes is in the process of becoming a community land trust. As such, the coalition would qualify to receive the referenced lots as a county donation. Since the community land trust model involves the trust retaining ownership of the land on which affordable housing units axe built and then selling the affordable units to qualifying households, the county can donate the Iots to the coalition/CLT with a reverter whereby the county would receive the lots back if they were not used for affordable housing purposes. Tf option 3 is chosen, the subject properties should be offered to non-profit housing organizations with established CLTs through a competitive process so that all non-profit housing organizations would have an opporhuuty to obtain the properties. Through that process, the county could review the CLT's criteria, processes and procedures to ensure that the objective of using the lots for affordable housing purposes is achieved. RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached list, make any appropriate changes and approve the attached resolution accepting the list of county owned properties that are appropriate for the provision of affordable housing. Also, staff recommends that the Board direct the General Services Director to offer the ten properties to non-profit housing organizations with established CLTs {such as the Coalition for Attainable Homes or Habitat for Humanity) with the condition that any such CLT have established criteria, processes, and procedures acceptable to the Board of County Commissioners. Staff further recommends that, if no non-profit housing organization with an established CLT submits a request for these lots by October 1, 2007, the Board direct the General Services Director to sell these properties and contribute the sale pxoceeds to the county's affordable housing (SHIP) trust fund for the provision of affordable housing through the county's existing established affordable housing program. A#tachments 1. Copy of pages 4 and 5 of HB 1363, including section 125.3791i.S. 2. Copy of the county owned properties list (2007) 3. Copy of the resolution containing a list of county owned properties which are appropriate for provision of affordable hosing V~, 4 i V~ Approved Agenda Item: By: For: June 12, 2447 Indian River Co. Approved Date Admin. i G ~~~ Lega! Li . ~ d - Budget !~ d? Dept, r Risk Mgr, F:1Communlty Development\U$ers\VICKIE\SASAN\affordablehousingsurplusland.doc ~q ~HZ an or S~,BAST~ TM, HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. Building Department Fund Department Origin: Buildin De a Financial Update and Action Plan Finance Departure City Attorney: City Clerk: Sub ittal ~-- Date Submitted: 22 June 2007 A i er, it Mana er Exhibits: Early Retirement Buy-Out Plan Financial Analysis EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $100,000 $0 REQUIRED: $100,00 -Building Fund Reserve On February 7, 2007, I submitted to you a monthly report. As part of that report, I provided an update on the financial condition of the Building Fund. For the last several months, permit activity has continued its slowing trend and the enterprise fund is not producing enough revenue to support itself. Accordingly, I acted by reassigning one employee out of the Building Department and reducing the administrative charges to the General Fund. The plan was to bring a savings of about $85,000, to minimize the total projected FY 07 loss in revenue to $234,000. A little over four months have past since that action and the financial condition in the Building Department continues to get worse. While the fund does have an unrestricted cash reserve of $1,478,145, it is not prudent to lean on those monies long term. That policy will only stave-off financial disaster, while using good capital for operating expenses. Having said that, there is also middle ground to be found where some reserve cash can hold the "bottom" line while the construction industry is in its down turn. Obviously, the trick will be finding that middle ground. Unfortunately, significant immediate cuts need to be made to substantially reduce expenses in the Building Fund, because (1) there is not enough activity to support the current staff; (2) reserve monies will be used this year to balance the FY 07 budget; and, (3) a formal plan is needed during this period of low construction activity to reduce future financial loss. BUILDING DEPARTMENT DATA Before recommending an action plan, it is important to review some building permit activity data. Below is a chart, which graphically depicts permit activity. Generally, residential single-family dwelling permits are the "bread and butter" of the department. On average asingle-family dwelling permit generates $2,000. Hence, an easy revenue forecast method is to multiply $2,000 by the number of residential permits issued. The chart below shows that between January 2007 and April 2007, an average of 9.75 residential permits were issued. In comparison, during the same months in 2005, on average 60.75 residential permits were issued. '~ _-`-'® -RESIDENTIAL ~~ -COMMERCIAL w ZO 0 Sb 14 ~ St' ~ 14 £4 6' ~ 1.f' 1.4' }~ ~ ~ ~ & ~ ~ ~ ~ £~ •~ SP o ~¢~ A~ . p'` On the financial side, if no changes are made and this trend continues as it is anticipated to, the enterprise fund will see dramatic loss and quickly. At the current trend, FY 07 revenues are anticipated at $466,435, while expenses are estimated at $832,565. This is a loss of $366,130, which can be absorbed by the $1,478,145 reserve fund. However, if this trend were to continue in less than four years the reserve cash would be depleted (assuming no rebound of the construction industry). FUND BALANCE $2,000000 $1,500.000 $1,000000 $500000 $0 ($500.000) tAd2,078 5860,078.. 5207.479 2008 2007 20082006 2010 (5341,248) To improve the Building Department bottom line three options exist. Those options include some combination of (1) increasing revenue; (2) decreasing operation and capital expenses; and, (3) cutting personnel. For all practical purpose, items #1 and #2 bring the most significant immediate relief and are the foundation of the recommended action. Before discussing the recommended action, it is important to highlight operational and capital costs, as past cuts and spending reductions have already occurred. Regarding operating costs, the Building Department's expense composition is on average 85% personnel and 15% operation. However, those figures are skewed because in FY 06, when the Department was separated into an enterprise fund, operating costs increased by over $200,000 annually in order to pay the General Fund for administrative expenses (i.e., share of City Hall debt, legal, personnel, financial). Hence, the payment to the general fund is nearly 70% of the department's operating cost. Realistically, the Building Fund is nearly 95% personnel costs. (As a side note, the GF payment has already been reduced from $261,633 to $157,511. Part of this reduction included paying for the new Environmental Position entirely from the General Fund). BUILDING DEPARTMENT EXEPENSES s7oo,o00 55oo,aoo $500,000 saoo,ooo ssoo,ooo szoo,ooo S~oo,ooo Understanding this data, lends itself to demonstrate that financial relief for the Building Department must come from fee increases and personnel reductions. RECOMMENDATION STEP #1 -FEE INCREASES This issue begs the question, "Can the Department modify permit fees to increase revenue; thereby, improving the overall financial position of the fund?" In short, the answer to that question is no; but, some moderate relief can be found. Overall, the Building Fund's main revenue producer is asingle-family dwelling unit. That money is generated based on a construction evaluation fee chart, which was passed by Council. This fee was increased in September 2003 by Resolution #R-03-36, which created the department's current revenue structure. Below is a chart, which compares the single-family dwelling permit costs. The survey indicates that Sebastian already has the second highest fees from those surveyed and an increase in this fee is not recommended as a practical alternative. COMPARATIVE PERMIT FEES 3.00000 , . ... _. _... _._._.. ._._ .... ...... 2.OOD.00 .€ tsoo.oo ~_- z ,.aaa o0 -~- Intlian Ri~ar [Curtent[ city of sanaenan Palm Bey ff-- Mellwuma '. -:-. a. st. Lucie -} st. Lucie coornr -~- Oscade cwnry ~, -- Martln County --- InJian River (Newt 0.00 C........_..._. __.__ ', ~° Sry S S S~ 4 " S g'~° BuilCiny Valws FY 03 FY 04 FY 05 FY OB FY 07 FY 07 PRJ While an overall rate increase for single-family house permitting is not in order, the Building Department does have other fees it could modify. In reviewing our revenue, we found that the costs to process plan reviews and other building services and inspections is approximately $75 on average. This figure is routed in direct costs (including personnel, operation, capital, building, etc.) of about $45 per hour, while taking approximately 1.5 hours on average to complete many standard tasks. Therefore, while the general residential house permit fees are established and should not be changed, there are a number of ancillary services such as roof inspections, out building installations, siding permits, fence permits, etc. that should be addressed. In addition, we have found that there are nearly 2,000 expired permits. Should a new fee be implemented for renewing expired permits, additional funds can be generated. In the agenda packet is a comprehensive chart prepared by the Building Department, which recommends increasing the minimum permit fee for many services from $22.50 to $75. By coupling this increase with the new expired permit renewal cost, over $96,497 can be generated. This may help provide enough money to minimize staff reductions or provide a foundation of flexibility in addressing the overall revenue shortage. To be conservative however, if Council approves the fee increase proposal only 70% of the estimated revenue or $67,500 should be allocated as new revenue. RECOMMENDATION STEP #2 -REDUCTION IN FORCE While increasing revenues will help the financial picture, it will not do enough in light of a $366,000 shortfall. Frankly without this step, I am not comfortable recommending moving forward, unless the Council approves operating in a deficit situation. The only other real action that is available that will allow the Fund to operate in the "black" is to reduce personnel. A recommendation like this does not come easy. Unfortunately, all indicators show that this is the best option available to accumulate the financial relief required. However, a plan has been created, which will need Council approval, to offer employees an Early Retirement "Buy-Out" Plan before a Reduction in Force (RIF) goes into effect on August 1, 2007. In concert with the Finance and Human Resources Department, an Early Retirement "Buy-Out" Plan has been created. The plan provides employees with a little over a month to choose between a RIF or early retirement. This plan targets position reductions and provides severance packages for affected employees. The plan will not cover all affected employees, but targets employees that have 14 years or more of service and are within 37 months of receiving Social Security or are already at that age. The reason for offering such a plan is to (1) provide a small cash incentive for employees nearing or at retirement age; (2) give some financial support and health coverage in recognition of tenure; and, (3) to prevent a chain reaction of events that may occur due to the "bumping rights" vested to members of the CWA during a RIF. For your information, during a RIF "bumping rights" are a collectively bargained benefit afforded to employees that allows the senior employee to move into another position held by a more junior employee, where they are deemed qualified. Bumping rights also minimize the amount that a salary can be reduced, even if the employee works in a lower classification. Currently the Building Department has nine (9) employees. These positions are as follows: (1) Building Official; (1) Plans Examiner; (3) Building Inspectors; (1) Administrative Assistant; (2) Permit Technicians; (1) Office Manager. The total monthly personnel costs for these positions are $54,112. In selecting personnel to RIF, the Building Inspector position has historically been the hardest to fill and replace. The Building Inspector position is also the most regulated position in that it requires licensing, training and education. During periods of activity, it is this position that is the hardest to fill. The City has experienced the situation where recruitment and retention of inspectors has been difficult, as they have left employment for higher paying jobs with private sector inspection companies. As a result, my recommendation is to keep as many inspectors as possible and cross-train them for office/permit duties, so that when business picks-up, the City will have a qualified inspector labor force. Having said this however, effective Friday, June 22, 2007, I have already reduced the department by one (1) building inspector position. Because the employee affected by this action does not meet the criteria of the "Buy-Out Plan" and it is within my authority to take such personnel action, that employee has received official R.I.F. notification and will be entitled to the rights in the collective bargaining agreement. Because additional cuts are needed, I may be recommending the elimination of both Permit Technician positions and the Administrative Assistant. These employees have significant tenure with the City and will be immediately offered the buy-out plan. These positions also (1) bring the most financial relief; and (2) provide easier reassignment of duties to the Office Manager and Building Inspectors not performing inspections. By taking the action enumerated above, the monthly personnel cost of the department can be reduced to $28,399 equaling $340,788 on an annual basis. Under this plan the department can be reduced to the following positions; (1) Building Official; (1) Plans Examiner; (2) Building Inspectors; and, (1) Office Manager. In total, this action can bring the annual Building Department costs down to $490,934, which is approximately $23,934 over current estimated revenue of $466,435. Seeing that reducing the Building Department by Hearty 50% is still not enough to bring financial balance, underscores the importance of increasing the fees as described above. In fact, by increasing the fees injunction with the RIF, one additional junior/new employee may be affordable; or, potentially, if some employees, but not all, opt for the early retirement plan a full RIF may not be required. However, at the time of this writing, affected personnel had been contacted, but have not chosen an option. Their choice regarding the acceptance of a Buy-Out has great impact on the proposed RIF. Nonetheless, below is a chart which depicts the potential composition of new operating revenue and expenses for the Building Department after taking the two-step recommendation action as described. ITEM AMOUNT Revenue Projection Considering Current Building Activity $466,435 Current Department Expenditure $832,565 PROJECTED LOSS ($366,130) Estimated Expenses w/Reduction In Force (Recommendation step #2) $490,934 PROJECTED LOSS ($24,499) Estimated New Revenue From Proposed Fee Modification (Recommendation step#~) $67,500 Total Revenue w/New Fee Proposal $533,935 Total Expenses w/RIF $490,934 POTENTIAL NET W/STEPS #1 & #2 $43,001 EARLY RETIREMENT BUY OUT PLAN SPECIFICS With more specific detail, the buy out plan provides (1) severance payment in the amount of $1,000 for every year of service and (2) single-employee health care coverage until age 65, as incentive for early retirement. The offer also includes payment of earned accrued sick and vacation time. Attached to this memo is a detailed spreadsheet, which accounts for the costs of the buy-out plan. To offer such incentive, I am required to receive your authority, as the total initial cost would be approximately $98,410. This cash is available from the Building Department reserve. In addition, the Buy-Out Plan also will have varying insurance premiums. Therefore, the total cost of the plan, including the initial salary buyouts, vacation/sick, FICA, single insurance coverage for three years is $141,910. However, this savings is quickly realized in three fiscal years as without these positions, $58,484 can be saved in FY 08; $172,892 can be saved in FY 09; and, $190,187 can be saved in FY 10. This is a cumulative three years savings of $421,563. In essence, if $141,910 is spent now in incentive packages, a savings of $279,653 can be realized over the next three fiscal years and the Building Department Fund Budget can be balanced. RECOMMENDATION ACTION MOTION REQUEST After a review and much consideration, staff recommends the described actions to mitigate the Building Department Fund revenue shortfall. The formal action required from Council is two fold. First a motion is needed to provide the City Manager authority to spend up-to $100,000 to provide a retirement incentive package to affected employees in the Building Fund, said monies shall be allocated from the Building Fund reserve account. The number of employees that opt for the early retirement plan will directly effect that additional number of Building Fund employee that will be considered in a RIF by August 1. Under the agenda item 13.A.ii, staff recommends approval of the fee modification proposal. SIDE EFFECTS AND OPTIONS This plan does have some negative side effects, which include, but are not necessarily limited to the following: 1. Potentially slower customer service and longer waits at front counter. This may be mitigated by (1) an ability to hire lower cost staff; (2) employee reaction to buy-out plan; and (3) cash generated by the new fee proposal. 2. Slower periods to answer questions and process Contract Licensing. This may be mitigated if City opts not to continue local contractor licensing. My recommendation will be forthcoming after discussion with the Construction Board. This program is local and contractors are still required to file and receive state licensing. 3. Inability to continue to scan/catalog permits and plans for City archiving. 4. Slowing inspection response time, as inspectors may be needed for permitting. 5. Asking personnel to rotate and absorb tasks that are not in their general duties. Although this side effect may provide more insight to field personnel, utilize cross training and facilitate more understanding of operation functions for retained employees. To provide some other ideas and insights, I would offer the following potential options: 1. Do not cut and reduce personnel to such a level. Variation can be created to keep positions and the department more fully staffed. This will allow service levels to stay high, but will also require some amount of deficit spending. This option has some merit, but will be worrisome if the down cycle does not end shortly (three-four years according to the experts). 2. Reduce administrative charges paid by the enterprise funds to the General Fund. Currently, each City enterprise fund pays fees to the General Fund for "services rendered". These Funds are the Airport, Building Department and Golf Course. The theory is each enterprise fund should pay their share of legal, financial, personnel and other operations provided by the General Fund. As such, the finance department has created a formula that is applied evenly to each Fund. To create cash in each Fund, this formula could be modified and reduced. However, no matter how much it is reduced, that action will be reflected by an equal revenue reduction in the General Fund. At a time when the General Fund is mandated by the State Legislature to reduce spending, this is not the best option because it could lead to position reductions and additional revenue short falls in the General Fund. For your information, administrative charges account for $243,427 in the General Fund revenue as follows: Building Department $157,511; Golf Course $42,958; Airport $42,958. FORECAST FOR THE GENERAL FUND Lastly, based on the success of this plan, a variation of it may be required in the General Fund. As you know, this fiscal year the City will be required to reach rollback plus 3%. My office and the Finance office are currently working on providing a recommendation to satisfy this mandated expenses reduction. As of the writing, the City Manager FY 08 proposed budget is about $215,000 out-of-balance. To reach a balanced budget, some form of personnel reduction may be required and in lieu of personnel reductions, a similar early retirement buy-out plan may be a good option. 06/22/2007 CITY OF SEBASTIAN PAGE 1 15:42:45 YEAR-TO-DATE BUDGET REPORT glytdbud FOR 2007 13 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 480 BUILDING APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED ------------------------------------------------------------------------------------------------------------------------------------ 480 BUILDING ----------------------------------- 480010 BUILDING REVENUES 321050 PROFESSIONAL LICENSES -23,000 0 -23,000 -12,356.00 .00 -10,644.00 53.7 321150 CONTRACTOR LIC. - PENALTIES -1,000 0 -1,000 -378.00 .00 -622.00 37.8$ 322050 BUILDING PERMITS -650.,000 0 -650,000 -177,466.84 .00 -472,533.16 27.3 322075 REINSPECTION FEES -35,000 0 -35,000 -13,583.00 .00 -21,417.00 38.8 322100 LAND CLEARING PERMITS -25,000 0 -25,000 -3,550.00 .00 -21,450.00 14.2 322150 TREE REMOVAL PERMITS -1,70,0 0 -1,700 -1,325.00 .00 -375.00 77.9 322200 ELECTRICAL PERMITS -55,000 0 -55,000 -13,414.56 .00 -41,585.44 24.4 322225 PLUMBING PERMITS -55,000 0 -55,000 -9,555.40 .00 -45,444.60 17.4 322250 MECHANICAL PERMITS -55,000 0 -55,000 -12,905.96 .00 -42,094.04 23.58 322300 FENCING PERMITS -8,000 0 -8,000 -6.,210.75 .00 -1,789.25 77.6 322400 IRRIGATION PERMITS -200 0, -200- .00 .00 -200.00 .0~ 322500 SIGN PERMITS -2,500 0 -2,500 -3,070.00 .00 570.00 122.8 329400 PLAN CHECKING FEE -120,000 0 -120,000 -33,634.90 .00 -86,165.10 28.2 341920 CERT. COPYING/RECORD RESEARCH 0 0 0 -256.55 .00 256.55 100.08 347556 COUNTY FACILITY IMPACT ADM FEE -25,000 0 -25,000 -5,946.14 .00 -19,053.86 23.8 359000 OTHER FINES/FORFEITURES 0 0 0 -600.00 .00 600.00 100.0 361100 INTEREST INCOME -14,672 0 -14,672 -24,070.91 .00 9,398.91 164.1 361105 SBA INTEREST EARNINGS -32,000 0 -32,000 -22,644.33 .00 -9,355.67 70.8 TOTAL BUILDING REVENUES -1,103,072 0 -1,103,072 -341,168.34 .00 -761,903.66 30.9 TOTAL BUILDING -1,103,072 0 -1,103,072 -341,168.34 .00 -761,903.66 30.9 GRAND TOTAL -1,103,072 0 -1,103,072 -341,168.34 .00 -761,903.66 30.9 06/22/2007 CITY OF SEBASTIAN PAGE 1 15:42:29 YEAR-TO-DATE BUDGET REPORT glytdbud FOR 2007 13 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 480 BUILDING APPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES BUDGET USED ------------------------------------------------------------------------------------------------------------------------------------ 480 BUILDING 480110 BUILDING EXPENDITURES ----------------------------------- 511200 REGULAR SALARIES AND WAGES 455,950 0 455,950 284,985.78 .00 170,964.22 62.5 511400 OVERTIME 10,000 0 10,000 1,731.53 .00 8,268.47 17.3 512100 FICA TAXES 35,668 0 35,668 21,292.13 .00 14,375.87 59.7 512215 CLOTHING ALLOWANCE 300 0 300 480.00 .00 -180.00 160.0 512225 DEFFERED COMPENSATION _41,963 0 41,963 25,804.69 .00 16,158.31 61.5$ 512301 GROUP LIFE/HEALTH INSURANCE 61,783 0 61,783 39,636.86 .00 22,146.14 64.2 512305 DEPENDENT HEALTH INS PREMIUM 15,781 0 15,781 7,431.99 .00 8,349.01 47.1 512309 EMPLOYEE ASSISTANCE PROGRAM 253 0 253 163.20 .00 89.80 64.5 512400 WORKER'S COMPENSATION 27,650 0 27,650 21,752.77 .00 5,897.23 78.7 533200 AUDIT FEES 1,888 0 1,888 1,888.00 .00 .00 100.0 533201 ADMIN SVCS PROVIDED BY GF 224,133 0 224,133 118,133.28 .00 105,999.72 52.7 533400 OTHER CONTRACTUAL SERVICES 70,000 0 70,000 .00 .00 70,000.00 .0~ 534000 TRAVEL & PER DIEM 2,000 0 2,000 284.00 .00 1,716.00 14.2 534101 TELEPHONE SERVICE 3,500 0 3,500 1,233.18 .00 2,266.82 35.2 534105 CELLULAR TELEPHONE 3,500 0 3,500 1,598.87 .00 1,901.13 45.7 534110 INTERNET SERVICES 200 0 200 175.40 .00 24.60 87.7 534120 POSTAGE 1,800 0 1,800 900.40 .00 899.60 50.0 534130 EXPRESS MAIL CHARGES 200 0 200 40.00 .00 160.00 20.0& 534310 ELECTRICITY 7,813 0 7,813 5,754.92 .00 2,058.06 73.7 534320 WATER/SEWER 500 0 500 185.85 .00 314.15 37.2 534400 RENTS AND LEASES 37,500 0 37,500 28,125.00 .00 9,375.00 75.0 534500 INSURANCE 10,697 0 10,697 1,910.45 .00 8,786.55 17.9 534620 R & M - VEHICLES 1,500 0 1,500 844.29 .00 655.71 56.38 534630 R & M-OFFICE EQUIPMENT 9,000 0 9,000 6,337.96 .00 2,662.04 70.4$ 534910 CLERK OF COURT FILING FEES 100 0 100 .00 .00 100.00 .OB 534920 LEGAL ADS 0 0 0 110.75 .00 -110.75 100.0 535200 DEPARTMENTAL SUPPLIES 9,000 0 9,000 2,953.21 .00 6,046.79 32.88 535210 COMPUTER SUPPLIES 15,000 -1,000 14,000 2,666.93 .00 11,333.07 19.0 535230 SMALL TOOLS AND EQUIPMENT 500 0 500 74.25 .00 425.75 14.9 535260 GAS AND OIL 7,000 0 7,000 3,773.76 .00 3,226.24 53.9 535270 UNIFORMS AND SHOES 790 0 790 758.05 .00 31.95 96.0 535275 SAFETY EQUIPMENT 250 0 250 100.00 .00 150.00 40.0 535410 MEMBERSHIP & PROFESSIONAL DUES 450 0 450 240.00 .00 210.00 53.3 535420 BOOKS AND PUBLICATIONS 450 1,000 1,450 529.35 .00 920.65 36.5 535450 TRAINING AND EDUCATION 2,300 0 2,300 1,930.00 .00 370.00 83.9 606400 VEHICLES AND EQUIPMENT 22,790 0 22,790 12,473.66 .00 10,316.34 54.7 909901 CONTINGENCY 20,863 0 20,863 .00 .00 20,863.00 .0~ TOTAL BUILDING EXPENDITURES 1,103,072 0 1,103,072 596,300.51 .00 506,771.4 9 54.1 06/22/2007 CITY OF SEBASTIAN PAGE 2 15:42:29 YEAR-TO-DATE BUDGET REPORT glytdbud FOR 2007 13 ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 480 BUILDING APPROP -------------------------------------------------------- ADJSTMTS ------------ BUDGET YTD EXPENDED ENCUMBRANCES ------------------------------------------ BUDGET -------------- USED -------- TOTAL BUILDING 1,103,072 0 1,103,072 596,300.51 .00 506,771.49 54.1 GRAND TOTAL 1,103,072 0 1,103,072 596,300.51 .00 506,771.49 54.1 ~ M O ~ ~~ CDOM C ~ ~ ~ ~ r c i m N O _~i ~na°o, c y ~ °m i F e .~ ° N }o ~~~ ~~ oaooaoo l9mvnry ° O N r ~ fR 69 fA W N N 1~ M to M C7 61 1C1 ~ W Q m <O iO O C + U ~ .y+ ~ N ~ ~?onnv a°iV aM~ n°. o ~~~ H O M W N ~ LL ~n ~ E _~ ~ c E d a rn rnon ~ moo ~~~~ rn~Eu- ~ 5 > ?_ ~ c E a onrnn o ~~~ m ~~ ~~~ ~ ~ E_ (~ N c ~E a n uoi `uQi ~ c~~~~~ c ~ E ai c ~ d ~~nN U y ~in~ LL ~ ~ O C ~ atf O O N ~ r ~+ ~ ~6 d9 N9 inja °,~ °o_o a ° N ~ y a ~ v- E c m~ c On (DO O ~ ~ ~o mn C ~ M_ ~ M Qf/' O U)d3 L ~~pp n C U ~ E y e N A M O ~ O r .~ 67 N W ~ } `~ 61 ~ ~ ~ 0 O O O ~ ~ C ~ N ~ '~ v rn 2 °=~vv v vc~ao ~ N r N m O O O L ~ ~f"F ~+ 'N w ~ r C aaaa~ a C NI dNa9 m c ~ 3 Z Z'~ Y m t N m E ~o Y F= (7 I- tl°o~~ZZIoZ~z~~~ZZ~~dN.ZZN~~ ZIM M (n~tn EOAOMW ~N~ p t~14 ff3 ~ (!~ fR "'' G9 to (A p `~ ~r m ~ L C ° V OMf~O<OOOfNOa MfO~Oi¢7~(h ODQN 610~000t17 NO Znn 1n~~nrnaDNZao o~neomcococorn~ ~-~nco cor-oor n m youic~iroo o iri~rivoi rrcfl o t Ctn W(AN N~N~ d'O ~ ~n(A f0 01 a+ dt M ~ "' fR U> V' fft to N Cf} EH f!~ r ~ H C C f~i ~ fR N} `'' d3 b9 "' ~'' EH 69 ° 7 m O O M t O ~ (h v O n 2 O~ n ~0 0 ~0 0 D O 'C n O TO TO ~,~ ~, ~_ N ~ N ~ N ~ N a yy y} oaoa~ p~ oit wit n iS••°crn° v vo y vo y vo q a; m ~ a; ~ v m '~ ~ d `•E e t0 °'t m ~ m ~ 61 ~ 61 N ~ N n L 0~ y y 0~ y w 0 N y w } d ~~+N d0 ~N GOt~+N dO V a+ IL ~ ~ ('7 ~ V ~ C7 ~G R w w E°" w N N ~ w N~ C `~~- y O ° O > C ~ O ~ ~ c € 7 ~ c ~ O ° c co a~~~ d o M~ a m o e'1 ~ a~ o r1 ~~ $ ° ao E $ ° ° o c ,~ ° °~ o ~ ° °,a ~ y~ p y~ 67 y~ ~ y y Q j~ C C V C~ C C~ C ~ C C V C y C C V 'da N~ °y ~ ~~a.° ~ NL.Oy ~ ai~a'O m E c+ o~ y c++~ y c++ v w~++ ~~ ~ zzm z~ zzd z~ zzm z~ rrm u`~Ocntncnav~cnv~cnav~cncncnav~v~cn<na QtY OF v , ~%'~'' v HOME GAF PELIGW fSLAAIU AGENDA TRANSMITTAL Subject: Building Department Permit Fee Modification Agenda No. Department Origin: Buildin De artment g Resolution R-07-26 Finance Depart nt: City Attorney: A ov r Submittal by: City Clerk: Date Submitted: 22 June 2007 ' ne City Manager E obits: Comparison Chart and Revenue Chart EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: L SUMMARY See previous detailed transmittal. This proposed modification will streamline the permit fee schedule by providing more flat fees for the most common types of permits that are issued. These changes will also provide auser- friendly format that can be easily communicated to the public and easily understood by our on- line users. In addition, the fee modifications will ensure the building department is collecting fees that reflect the actual costs expended to process these permits. This in turn will also help with the current loss of revenue the Building Department is experiencing due to a slow down in construction. Our research has shown that the City of Sebastian's current fee schedule is much lower than surrounding communities for the most common type of permits such as: Fences, Roofs, Concrete Slabs, Above Ground Pools, Etc. Therefore, these were the types of permit fees that were modified to bring about an accurate comprehensive list of common types of permits and their associated fees. Our research also showed the current valuation table presently in use for calculating permit fees on larger projects appears to be in line with other surrounding communities. Therefore only one slight modification was made out of necessity to the valuation table to ensure its consistency with the other fee modifications. Several charts have been included which show a Permit Fee Comparison of existing fees, proposed fees and the. net yearly effect of the fee changes for the various permit types. The second chart shows a Geographic Comparison of permit fees with other surrounding communities who have a similar fee structure as the City of Sebastian. RECOMMENDED ACTION Staff recommends City Council approve the resolution R-07-26. RESOLUTION NO. R-07-26 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35; PROVIDING FOR PENALTIES, PLAN-CHECHING FEES, CONFLICTS AND EFFECTIVE DATE. WHEREAS, Chapter 26, Article II, Section 26-35 Application for Building Permit; fees, provides for the adoption of building permit fees by resolution; and WHEREAS, the last comprehensive update of the building permit fees occurred in September 27, 1985 via ordinance 0-85-21, with said fees being last adjusted pursuant to Resolution R-03-36; and WHEREAS, the costs associated with the department that administers the fees, as well as the cost of City services to that department has exceeded the revenue received; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. AMENDING AND ESTABLISHING CITY OF SEBASTIAN BUILDING CODE PERMIT APPLICATION FEES SCHEDULE: The City Council of the City of Sebastian, hereby establishes the following fees for Building Code permit applications pursuant to City Code Section 26-35: General Building Permit: otal Valuation Fee 3,000.00 and less um oftwo inspections. $90 plus $45.00 fee for each additional ection shall be chaz ed 3,000.01 to $50,000.00 90.00 for the fast $3,000.00 in valuation plus $11.50 for each ditional thousand or fraction thereof including $50,000. 50,000.01 to $100,000.00 630.00 for the fast $50,000 in valuation plus $8.50 for each itional thousand or fraction thereof including $100,000. 100,000.01 to $500,000.00 1,055.00 for the fast $100,000.00 plus $5.50 for each additional ousand or fraction thereof including $500,000.00 500,000.01 and up 3,255.00 for the fast $500,000.00 plus $2.50 for each additional ousand or fraction thereof. Specialty Permits: Description Rate Conditions Minimmn Fee lambing 4.5% of Permit Fee $75.00 echanical 4.5% of Permit Fee $75.00 lectrical 4.5% of Permit Fee $75.00 ater Service Connection Fee $25.00 Flat Fee ewer $45 Flat Fee Appliance $75 plus $2.00 per Appliance Per Application $75 ire Sprinkler $135 plus $1.00 per head Per Application $135 Fire Alarms (Commercial) $85 per panel plus $2.00 er station Per Application $85 on-Electrical Signs $45 per unit plus $30 each additional unit Per Application $45 lectrical Signs $90 per unit plus $60 each additional unit Per Application $90 igoRe-facing $75 per sign Flat Fee esidential Roof -All types $125 Flat Fee ommercial Roofs -All types p to 5000 s.f. $150 Flat Fee ools and Spas $255 Flat Fee ve Ground Pools $75 Flat Fee uminum Structures $125 Flat Fee antes $75 Flat Fee totm Shutters $75 Flat Fee indow and Door Replacement $75 Flat Fee ncrete/slab $105 Flat Fee iding and Re-Stucco $105 Flat Fee olar System $75 Flat Fee 'gation System $75 Flat Fee had or Accesso Structure $75 Flat Fee lectrical Service Change $75 Flat Fee C Change-Out $75 Flat Fee emporary Electric Service Pole $75 Flat Fee emolition of Building or Structure $105 Flat Fee oving a Building or Structure $105 Flat Fee arking Lot Re-Striping $100 Flat Fee 'vewa $100 Flat Fee isc. w/ a Value Under $3000 and nl One Ins action Re aired $75 Flat Fee Other Administrative Fees: Description Rate Conditions Minimmn Fee lan Review Fee 10 % of Permit Fee $75 aspired Permit Fee $75 Each Occurance $75 ork W/O a Permit Owner $200 or Double the Pemrit Fee Greater of $200 or Double ertnit Fee $200 otk W/O a Pemvt Contractor $300 or Double the Pemrit Fee ater of $300 or Double ermit Fee $300 hange of Contractor 25 er Permit $25 lan Revision Fee 5 h Occuranre $45 lan Correction $45 3 Review of same omment $45 Hours Inspection equest $45 per hour w/ a 4-Hour Minimum Hours, Weekends and olidays $18 0 35.00 for First Three ections Same Code Violation $35.00 e-inspection Fees 50.00 for Each Additional e-inspection Same Code Violation $50 SECTION 2. Penalties. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before applying for the necessary permits shall be subject to a penalty of $200 for an owner or $300 for a contractor, or one hundred percent (100%) of the usual permit fee, in addition to the required permit fees. The payment of such penalty shall not relieve any person(s) from complying with the requirement of the Code of Ordinances or this resolution in the execution of the work, or from any other penalties of the Code of Ordinances. SECTION 3. Plan-checking fees. When the valuation of the proposed construction under a General Building Permit exceeds three thousand dollars ($3000) and requires a plan to be submitted under the Florida Building Code or Chapter 26, Article II of the Code of Ordinances, aplan-checking fee shall be paid to the building department at the time of submitting plans and specifications for checking. Said plan-checking fee shall be equal to ten percent (10%) of the building fee set forth herein. Such plan-checking fee shall be in addition to the building permit fee. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. This Resolution shall take effect on July 1, 2007. The foregoing Resolution was moved for adoption by Councilmember .The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 27a` day of June, 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Sally A. 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