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HomeMy WebLinkAbout05262010Brief Announcements CM Of HOME OF PEIJCAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 26, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Rev. Ellie Lea, First Presbyterian Church of Sebastian 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.001 A. Certificate of Appreciation to Chuck Neuberger, Planning Zoning Committee Service 7 CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. 1 -14 A. Approval of Minutes 5/12/10 Regular Meeting 10.090 B. Resolution No. R -10 -16 Urging State to No Longer Utilize State Transportation 15 -19 Funds to Balance State Budget (City Clerk Transmittal, R- 10 -16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO FLORIDA STATE TRANSPORTATION TRUST FUND; REQUESTING THAT THE GOVERNOR VETO THE CURRENT "SWEEP" AND THE FLORIDA LEGISLATURE NOT MAKE FUTURE "SWEEPS," TRANSFERS, OR DIVERSIONS OF MONIES FROM THE STATE TRANSPORTATION TRUST FUND; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10.088 A. Parks and Recreation Advisory Committee 21 -32 (City Clerk Transmittal, Applications, Ad, List) Interview Unless Waived and Submit Nominations for One Expired Regular Member Position with a Term to Expire May 1, 2013 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 10.023 A. Review Street Resurfacing Report (City Manager Transmittal, Plan) 33 -45 10.070 B. CR 512 Beautification Project (City Manager Transmittal, Plan) 47 -56 11. PUBLIC INPUT 12. NEW BUSINESS 10.087 A. First Reading of Ordinance No. 0 -10 -03 Regulating Pain Clinics (City Attorney 57 -61 Transmittal, 0- 10 -03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE CODE OF THE CITY OF SEBASTIAN; PROVIDING FINES AND PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10.089 B. Resolution No. R -10 -15 Revised Park Regulations and Fees (City Manager 63 -90 Transmittal, R- 02 -47, Section 74 -1 through 74 -10 Park Use) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Wright B. Mayor Gillmor C. Vice Mayor Hill D. Council Member Coy E. Council Member Wolff 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F. S. 286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: June 9, 2010 Regular City Council Meeting 6:30 pm June 23, 2010 Regular City Council Meeting 6:30 pm July 14, 2010 Regular City Council Meeting 6:30 pm July 28, 2010 Regular City Council Meeting 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda J Public Hearings d Unfinished Business V New Business Public Input Public Input is NOT ALLOWED under the headings: J Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agenda is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of the City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 12, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. Rabbi John Goldring, Congregation Beth El, gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff City Council Absent: Council Member Don Wright (excused) Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Administrative Services Director, Deb Krueger Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Police Chief, Michelle Morris Police Capt., Mike Beyers Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager asked that item #12 I be moved up on the agenda after the consent agenda; and pull items 12 H G until the May 26 meeting so that Council Member Wright could give input on those matters. There were no objections to the City Manager's requested changes. Regular City Council Meeting May 12, 2010 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.073 A. Presentation of Plaques to Employees of the Quarter Officer Eric Antosia Officer Ron Carlson Mayor Gillmor read a brief narrative describing Officers Antosia and Carlson recent act of heroism and presented the officers with plaques. 10.074 B. Certificate of Appreciation to Robin Ware City 2010 Census Representative Mayor Gillmor read and presented a certificate of appreciation to Ms. Ware. 10.075 C. Proclamation Sebastian Area Historical Society 25 Anniversary Acceptance 1 by George O'Neal Mayor Gillmor read and presented a proclamation to Mr. O'Neal who invited everyone to their free open house in the old school house on Saturday from 1:00 to 5:00 p.m. 10.076 D. Proclamation Safe Boating Week Acceptance by Commander William Boluk 3 and Vice Commander Frans Eyberse Mayor Gillmor read and presented a proclamation to Commander Boluk and Vice Commander Eyberse of the Sebastian Power Squadron who invited everyone to the free open house at the Coast Guard Station in Ft. Pierce on May 22 Inaugural "Pelli" Award Mayor Gillmor asked Officer Bill Jursik to come forward and said there is a new award called the "Pelli" to honor those who exemplify the spirit of Sebastian. He presented the first one to Officer Jursik who installed a mail box for an elderly resident on Easter Sunday. 10.077 E. Proclamation National Tourism Month Acceptance by Beth Mitchell, 5 Sebastian River Area Chamber of Commerce Vice Mayor Hill read and presented a proclamation to Ms. Mitchell and Ms. Holbrook. 10.078 F. Proclamation Cleaning for Reason Acceptance by Tom Heveron, 7 Beachland Cleaning Service, Participant with "Cleaning for a Reason" Mr. Heveron was not in attendance. New Proclamation Emergency Services Workers Vice Mayor Hill read and presented the proclamation to Daisy Knowles. 2 Regular City Council Meeting May 12, 2010 Page Three 10.019 G. Announcement Tree City USA Designation Vice Mayor Hill presented the award to Rebecca Grohall, Growth Management Director who noted it is the tenth year that the City has been recognized. 10.079 H. Presentation of New City Websites Ed Herlihy (City Manager Transmittal) 9 The City Manager said this is part of the City's economic development effort to do more outreach and this was spearheaded by volunteer Mr. Herlihy who put together the "economic development" and "retire Sebastian" websites. Mr. Herlihy said this was a group effort with the assistance of Al Minner, Joe Griffin and Barbara Brooke Reese. He displayed the sites and said they were targeting different audiences to entice people to move here; they were open to suggestions; and he thanked local photographer, Jerry Peterman, who donated all of the aerial photographs. Mr. Hill asked what kind of working relationship was there with the Indian River Chamber and Sebastian Chamber who have been working on economic development. Mr. Herlihy said both sites have direct links to the Sebastian Chamber which will also link their site to the two sites. Mr. Hill asked where the information on these websites was derived from as the economic development website would have county -wide information available. Mr. Herlihy said the economic website has the entire City economic development plan, including the application. He said he spent a lot of time searching other websites to see what is offered. Hill said the County has some really great tools and hopes the City is utilizing those tools and updating the websites. Mr. Herlihy it is a cooperative effort and the City Manager is very supportive and it isn't hard to make changes. Mr. Wolff questioned the use of the building graphic on the economic development home page. Mr. Herlihy said it was deemed to attract attention but it is changeable. Brief Announcements None. 7 CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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 -20 A. Approval of Minutes 4/14/10 Regular Meeting 21 26 B. Approval of Minutes 4/28/10 Special Meeting 27 33 C. Approval of Minutes 4/28/10 Workshop 10.080 D. Approve Use of Chambers and Broadcast Services for Sebastian River Area 35 Chamber of Commerce Candidate Forums (City Clerk Transmittal) Regular City Council Meeting May 12, 2010 Page Four E/7') 10.081 E. Approve Amended and Restated Treasure Coast Regional League of Cities 37 43 Interlocal Agreement (City Clerk Transmittal, E -Mail, Agreement) 10.082 F. Approve Closing Indian River Drive from Harrison Street North to Jackson Street 45 48 on November 13, 2010 from 6:45 a.m. to 9:30 a.m. for the Sebastian River Middle School IB Program 5K Run Fundraiser (Parks Transmittal Application, Letter) 10.083 G. Approve 50% Reduction of All Applicable Fees for Craft Club of Sebastian Craft 49 54 Shows at Riverview Park from 9:00 a.m. to 3:00 p.m. on 10/2/10, 11/13/10, 12/4- 5/10 and 1/8/11, 2/5/11, 3/5/11, 4/2/11 and 5/7/11 with Rain Dates of 10/3/10, 11/14/10, 1/9/11, 2/6/11, 3/6/11, 4/3/11 and 5 /8 /11(Parks Transmittal, Application, Letter) 10.084 H. Approve 50% Reduction of All Applicable Fees for Sebastian River Art Club's 55 59 Shows at Riverview Park from 10:00 a.m. to 4:00 p.m. on 11/20/10, 12/11/10, 1/15/11, 2/12/11, 3/12/11, 3/13/11 and 4/9/11 with Rain Dates from Noon to 4:30 p.m. on 11/21/10, 12/12/10, 1/16/11, 2/13/11 and 4/10/11 (Parks Transmittal, Application, Letter) Ms. Coy pulled G and H. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve consent agenda items A -H passed on a voice vote of 4 -0. Item G and H Ms. Coy said she was not opposed to these events but would like to update the park plan in a workshop and include these two groups within the new plan. She said they take up 15 weekends of the year with their earliest date being October 2 and this postponement would not affect their schedules. Mayor Gillmor said he appreciated the need to revisit the park resolution but did not know that it needs to be a whole workshop. Mr. Wolff agreed. The City Manager reminded them that there are CRA and CIP meetings coming up. Ms. Coy suggested we try it on a regular agenda and if too much we can separate it out. Mr. Hill said he didn't see how approving these events would affect that resolution. Ms. Coy said we have another organization coming up and they may request 50% off and we have to be consistent. Mr. Hill said the organizations will rent the park 15 days and contribute to the community and that is why they are bought to Council. MOTION by Ms. Coy and SECOND by Mr. Wolff to pull items G and H until such time to rewrite Resolution No. R -02 -47 within 60 days. 4 Regular City Council Meeting May 12, 2010 Page Five Linda DeSanctis, Laconia Street, said our park is our jewel and everybody wants to be there and asked that they not rent out the entire park but only rent the pavilions. Mayor Gillmor asked that this be brought to the next agenda on May 26th. Result of the roll call: AYES: Coy, Wolff, Gillmor, Hill NAYS: None Motion carried 4 -0 (Wright absent) 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10.087 I. Pain Clinics Report (PD /GMD Transmittal, Memo, News Articles, DVD) 205 -229 The City Manager said this was before Council as the result of some recent Council Member inquiries. The Growth Management Director said there in an increase in pain clinics and pain management clinics in the South that have contributed to a rise in prescription drug abuse, identify theft, organized crime and drug overdose. The Police Chief turned the mic over to Detective Theo Robinson who made a presentation. Detective Robinson said he has gained knowledge regarding the pain clinics over the last five years; the most prevalent drugs are oxycodone and alprazolam and the City is not immune from these clinics. He described some of his recent cases and displayed a PowerPoint presentation. (see attached) Ms. Coy mentioned that there is State legislation pending to create a database of these offenders and Detective Robinson said it did pass but has yet to be funded and still leaves gaping holes in the system. Ms. Coy pointed out that Florida does not have the database that tracks these doctors, but the states that do have less of a problem. Detective Robinson said there are 11 deaths a day in Florida due to oxycodone. He displayed an evidence box of drugs and supplies confiscated from a 55 year old unemployed plumber who made $45,000 a month selling drugs. He urged Council to act quickly and take steps. Mayor Gillmor asked how they could help. The Growth Management Director recommended a moratorium against the issuance of local business tax receipts and during the moratorium, they could write code that would require practices that prescribe pain medicine be owned by a physician. She said other municipalities have made it impossible to dispense medicine on -site. Mr. Wolff said it is sad to see that the people who are doing the resales are the ones getting busted but the doctors are operating with impunity. Detective Robinson replied many of the clinics are owned by regular people who advertise for doctors on Craigslist who can write these prescriptions. He suggested that the City could require that a clinic has to be opened by a doctor. 5 1� Regular City Council Meeting May 12, 2010 Page Six In response to Ms. Coy, Detective Robinson said they were lucky in that the county pharmacies are working closely with them. Mr. Hill asked if they could implement an emergency moratorium tonight. The City Attorney advised he is not a fan of moratoriums, but Council could implement an ordinance tagging business tax licenses as suggested in the packet by next month and if that was not fast enough, Council could enact a moratorium. He said the problem is that the City is a small city with boundaries and people will simply cross boundaries but we can do our part and make it as inconvenient as possible for those who break the law. Mr. Hill said he was concerned about how much money someone could make; and how many people could die between now and September. He asked the Chief if September is soon enough to stop this. The Chief said it was hard to say but they are investigating a pain clinic right next to the police department, so realistically there is one already in the City. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve an emergency moratorium to stop these pain clinics from coming to Sebastian until we can have ordinance in place such as the one outlined on circle page 215. There was no public comment. Result of the roll call: AYES: Wolff, Gillmor, Hill, Coy NAYS: None Motion carried. (Wright absent) 10.001 A. Planning Zoning Commission 61 -68 (City Clerk Transmittal, Application, Ad, List) Interview Unless Waived, Submit Nominations to Fill One Expired Regular Member Term (City Clerk Transmittal, Application, Ad, Board Member List) Mr. Roth, Lake View Drive, Sebastian, said he was appointed three months ago and he welcomed the challenge the Commission is currently undertaking with the comp plan revisions and would like to continue for another term. Mr. Roth was nominated by Ms. Coy and Mayor Gillmor with no objections from the other members. Mr. Roth was appointed to another term on the Commission with an expiration date of May 1,2013. 9. PUBLIC HEARINGS None See adopted Emergency Ordinance No. 0 -10 -02 attached to these minutes. 6 Regular City Council Meeting May 12, 2010 Page Seven 10. UNFINISHED BUSINESS 10.062 A. Consider Resubmitting 2007 Objection Resolutions to Indian River County Re: 69 -76 Ocean Concrete (City Clerk Transmittal 5/6/10 and 4/14/10, 4/28/10 Minutes Excerpt, Chrono, Resolutions R -07 -02 and R- 07 -23) The City Manager said this was brought back to reconsider issuing their objections to Ocean Concrete to the County. MOTION by Coy and SECOND by Hill to let the County know the City of Sebastian does not support Ocean Concrete at that location. Dale Simchick, S. Easy Street, thanked Council for bringing the item back and suggested updating their objection and resend it. Ms. Coy said her biggest fear was trains slowing down and blocking nearby intersections. Result of the roll call vote: AYES: Gillmor, Hill, Coy, Wolff NAYS: None. Motion carried. (Wright absent) 10.072 B. Approve Special Event Permit for Riverview Park Reclaimed Ministries "Rock 77 83 on the River" Community Memorial Weekend Celebration Concert Saturday, May 29, 2010 4 pm to 10 pm Request Free Use of City Stage Four Bands Two to Three Vendors (Revised Parks Transmittal, Letter of Request and Application, 501(c) (3) Form, Business Tax Receipt [License]) (Will Provide Insurance Certificate and Fire Department Permit Prior to Event If Approved) The City Attorney said he bought this back as it failed with a 2 -2 vote and the Charter requires three affirmative votes for action so there was no official action taken on the application. He said the application is similar to any other application for use of the park; the use of public parks is recognized by the first amendment of the US Constitution; the short version is there is a recent US Supreme Court case deciding two issues involving Sebastian. He said one case involved permanent memorials such as the Four Chaplains monument authorized by Council and the other is the use of public parks. He read four sentences from the decision: Pleasant Grove City Utah vs. Summum The government does not have a free hand to regulate private speech on government property. This court long ago recognized that members of the public retain strict free speech rights when then venture into public streets and parks which have immemorially been held in trust for the use of the public and time out of mind have been 7 Regular City Council Meeting May 12, 2010 Page Eight used for purposes of assembly, communication, communicating thoughts between citizens and discussing public questions. In order to preserve this freedom government entities are strictly limited in their ability to regulate public speech in traditional public forum. Reasonable time, place, and manner of restrictions are allowed. The City Attorney said part of rewriting the park use resolution will be the consideration of time, place and manner. He advised that Reclaimed Ministries needs to be treated the same as other applications. He said that he asked the City Manager how he would have handled the applications if the group expected a smaller turnout and the City Manager said he would have issued the permit and for Council to do otherwise requires a significant consideration of factors that would justify that decision. He said the Courts use the highest standard of review which is "strict scrutiny." He said he read the excerpt to show how seriously the courts view the use of public assets, and he noted Council's obligations are to ensure the assets are available for first amendment participation. He said this is the last practical meeting before the group's event and he wanted Council to hear what he had to say. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve Reclaimed Ministries Rock on the River Event at Riverview Park on Saturday, May 29 from 4 -10 p.m. Louise Kautenburg, Sebastian, encouraged Council to treat the application on a level playing field and she asked if Council allows the use of the stage, they should consider allowing the use of other City equipment. Elizabeth Walton, Wentworth Street, Sebastian, thanked the City Attorney for bringing this back and said the youth need a positive thing to do and any organization that wants to provide something for them to do is wonderful. Linda DeSanctis, Laconia Street, Sebastian, asked Council not to rent the entire park unless it is a City sanctioned function noting there are other facilities that could be used. Sandy Vandermill, Sebastian, said this wasn't about faith but opening the park up to attract open tourism and bring people to the area. Mr. Wolff said he respected what the City Attorney advised in that we should not prevent or attempt to legislate, by way of permit, the freedom of speech so the event should go on. 8 Regular City Council Meeting May 12, 2010 Page Nine He said he was concerned with conducting commerce at this event, noting he wanted to see proof of the 501(c )(3) status of the group. He said the 501(c )(3) document is not for the person making application for the event but Reclaimed Ministries, Steve Baran, with a US 1 address which is also different than the application. He also pointed out that the document is stamped May 6 but was faxed May 5th He said that he didn't see how they can accept the non profit status with the evidence that they have provided. Mayor Gillmor there were two gentlemen here earlier and at the last meeting, with one being Steve Baran, who was under the umbrella of the 501(c) (3) organization. Mr. Hill said staff could check the status of the document before going forward. The City Manager offered to check on the 501(c )(3)non- profit document. Ms. Coy said she noticed the same discrepancies as Mr. Wolff and she called the IRS who could not verify the document was correct but Reclaimed Ministries was just approved April 6, 2010. Mr. Hill asked Mr. Wolff that if it was proven the group was a 501( c)(3), would that resolve his concerns. Mr. Wolff said it would but there is still a question of the use of the stage. The City Manager said staff reintroduced the initial application and unless the stage use is modified, they would have use of the stage. Mr. Hill said he would be open to discussion on that. Mayor Gillmor offered a secondary motion to cut the application fee in half. MR. HILL AMENDED HIS MOTION to cut the application fee in half and direct staff to ensure Reclaimed Ministries is a legal 501(c )(3). Ms. Coy asked where staff came up with the non profit fee. The City Manager said it was part of the administrative policy on rental of the stage. The Parks Superintendent explained there is a "stage use permit." Ms. Coy said what we do for one; we need to do for all. She said the Park should not be let until Council has come up with a policy. The City Attorney said the major difference is Council's motion to defer on items #G H and the commitment with staff to come back won't in any way cause an issue with timing; but it would de -rail this application. Mr. Hill CONFIRMED THE QUESTION is approval with staff confirmation of 501(c )(3) status with the stage leased at the non profit rate. Mr. Wolff added that proof of insurance and a fire permit would also be provided. 9 Regular City Council Meeting May 12, 2010 Page Ten 10.084 A. Sebastian River Art Club Facility Use Proposal (City Manager Transmittal) 85 Result of the roll call vote: AYES: Hill, Wolff, Gillmor NAYS: Coy Motion carries 3 -1. (Wright absent) Mayor Gillmor called recess at 8:26 p.m. and reconvened the meeting at 8:44 p.m. All members, except for Mr. Wright, were present. 11. PUBLIC INPUT none. 12. NEW BUSINESS As a member of the Art Club's Board of Directors, Mayor Gillmor turned the gavel over to Vice Mayor Hill. (see abstention form attached) The City Manager said various community groups have used the old Council chambers since staff vacated the premises and the Art Club has asked to make improvements to the building. Toni Hill, 766 Vocelle Avenue, distributed an outline of their proposal (attached) adding that fifteen members are interested in turning the back rooms into gallery space. Mr. Wolff asked how many square feet the Club is requesting noting this was mentioned at the last meeting that Council should look at using the buildings, and he asked how they would feel if they renovated the building but was only allowed to use 400 square feet with another organization also in the building. Ms. Hill said they would appreciate any space to start with and see if this could get off the ground. Mr. Wolff said they do need to decide what they are going to do with those buildings and equally share them amongst other groups. Ms. Coy pointed out the building might even come down. She asked if any other groups where interested. The City Manager said there were and so far, they have been accommodated, but he wanted to make sure Council knew what was going on, and he recommended a formal lease be put together. Ms. Hill said the interested fifteen members have signed up for a six month trial run. 10 Regular City Council Meeting May 12, 2010 Page Eleven The City Manager requested direction to enter into lease negotiations and bring a lease back to Council. There were no objections. Mayor Gillmor retrieved the gavel. 10.038 B. Resolution No. R -10 -14 Adopting Amendments to the Fiscal Year 2009 -2010 87 132 Budget (Administrative Services Transmittal, R- 10 -14, 2 "d Quarter Comparison, Capital Project Status Report, Schedule of Investments, Accomplishments, Crime Status Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this amendment has been favorably reviewed by the Citizens Budget Review Advisory Committee. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve Resolution No. R- 10 -14. The City Attorney read the title of Resolution No. R- 10 -14. Result of the roll call vote: AYES: Coy, Wolff, Gillmor, Hill NAYS: None Motion carried. (Wright absent) 10.033 C. Approve Final Change Order #19) to S. E. Cline for Collier Canal Project in the 133 138 Amount of $58,061.45, Return $549,681 to Stormwater Utility Fund, and Authorize Staff to Close the Project at the Conclusion of Water Monitoring (Administrative Services Transmittal, Change Order, Summary) The City Manager said this is the final change order to settle dredging expenses associated with the Collier Canal project. He explained that he and the Administrative Services Director knew there would be a second dredging phase as explained in the agenda transmittal. He explained separate authorizations are needed: 1) to execute the final change order #19 to make the final payment to S.E. Cline, 2) return $549,681 to the Stormwater Utility Fund, and 3) leave about $20,000 to manage the water monitoring. MOTION by Mr. Hill and SECOND by Ms. Coy to authorize 1) the execution of final change order #19 in the amount to $58,061.45 S.E. Cline; 2) return $549,681 to the Stormwater Utility Fund; and 3) leave about $20,000 to manage the water monitoring and take care of a few ancillary situations. Mr. Wolff asked if there is any money held for anticipated maintenance. 11 Regular City Council Meeting May 12, 2010 Page Twelve 10.085 D. Approve Work Authorization #4 to Masteller Moler, Inc. for Professional Service 139 142 to Support Negotiations for Acquisition of Right -of -Way for the Powerline Road Project from the Indian River School Board in the Amount of $9,500 (Administrative Services Transmittal, Work Authorization, Summary) The City Manager said there will be maintenance but it would need to come out of the general fund or stormwater funds. He noted the funds being returned to the stormwater fund are not eligible to be used for maintenance. The City Manager gave accolades to Deb Krueger as the project manager which demonstrated why she was promoted. He also gave accolades to Jerry Converse, Bucky Gerber, Tim Walker, and Ginny Sieferd for a great job on the project. Result of the roll call vote: AYES: Wolff, Gillmor, Hill, Coy NAYS: None Motion carried. (Wright absent) The City Manager said extra time was spent on this to acquire 1.2 acres to align Powerline Road with Delaware Road to the south and the School's driveway to the north and staff recommended approval. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve Masteller Moler, Inc. work authorization #4. There was no public input. Result of the roll call vote: AYES: Gillmor, Hill, Coy, Wolff NAYS: None Motion carried. (Wright absent) 10.086 E. Resolution No. R -10 -10 Vacation of Plat, Fischer Lake Island (GMD Transmittal, 143 150 R- 10 -10, Plat, Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO VACATE AND ANNUL THE FISCHER LAKE ISLAND, PHASE SEVEN SUBDIVISION PLAT, PROVIDING FOR CONFLICTS; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution Nos. R -10 -10 and R -10 -11 by title. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution No. R- 10 -10. Warren Dill, Attorney for the applicant, said he was available for any questions. 12 Regular City Council Meeting May 12, 2010 Page Thirteen Result of the roll call vote: AYES: Hill, Wolff, Gillmor, Coy NAYS: None Motion carried. (Wright absent) 10.086 F. Resolution No. R- 10 -11- Approving Replat of a Portion of Fischer Lake Island 151 162 (GMD Transmittal, R- 10 -11, Replat, Application, City Surveyor, Engineer, Clerk of Court's Approval) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS REPLAT OF A PORTION OF FISCHER LAKE ISLAND, PHASE SEVEN; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve Resolution No. R- 10 -11. Result of the roll call vote: AYES: Wolff, Gillmor, Coy, Hill NAYS: None Motion carried. (Wright absent) 10.023 G. Review Street Resurfacing Report (City Manager Transmittal, Plan) 163 185 This item will be carried forward to the May 26 agenda. 10.070 H. CR 512 Beautification Protect (City Manager Transmittal, Plan) 187 203 This item will be carried forward to the May 26 agenda. 10.087 I. Pain Clinics Report (PD /GMD Transmittal, Memo, News Articles, DVD) 205 229 This item was moved forward on the agenda. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS Powerline Road The City Attorney explained there is going to be a dedication to the City and once it is offered, the Council must decide if they want to accept it. He said the School Board wants to see the document signed first indicating the City wants the dedication. In response to Mr. Wolff, the City Manager said this was done at the advice of the School Board's Attorney. He said the Mayor will execute now and after action of the School Board, the items will be brought back for formal approval by Council. Regular City Council Meeting May 12, 2010 Page Fourteen Richard H. Gillmor, Mayor Police Dept. The City Manager said he would like to show citizens that they are receiving a bang for the buck for example the Police Department budget is 4.6 M and when that is compared to other departments of like size or other departments around the Treasure Coast, we are beating others with cost per thousand with officers less per thousand with a crime rate that is relatively reasonable when compared to other places. He said we have a great police force, reasonable crime rate and we are not paying a lot for it and on average, it is $500 per household that goes to the Police Department which displayed three exemplary examples of professionalism tonight. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wright absent B. Mayor Gillmor none. C. Vice Mayor Hill Mr. Hill congratulated the 8 grade class of Sebastian Middle School's IBMYB Program who graduated last night and in particular Macy Hill who has worked very hard over the last three years and has a very proud father. D. Council Member Coy Ms. Coy said she was very concerned with oil spilling in the gulf and let the public know that there are people taking action in the event the oil reaches us. The City Manager said some of the local commercial fishermen have been asked to help contain the oil and County Emergency Services Director John King has been sending periodic updates but the City has not been called to action at this point. Ms. Coy said there is a plan to shut the inlet should the oil come that way. E. Council Member Wolff none. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 9:28 p.m. Approved at the regular City Council meeting. ATTEST: Sally A. Maio, MMC City Clerk 14 mEa S HOME OF PELICAN I SIAM City of Sebastian 1225 Main Street Sebastian, Florida 32958 Resolution No. R -10 -16 Urging State of Florida to Cease Balancing the Budge •y "Sweeping" Florida Tr ns rtation Trust Fund i a ager Agenda No: Department Origi City Clerk City Attorney: Date Submitted: 5/21/10 For Agenda of: 5/26/10 Exhibits: R -10 -16 SUMMARY STATEMENT The Florida Legislature has passed House Bill 5001 adopting a State Budget for Fiscal Year 2010 -2011 which provides in Section 83, that the budget shall be balanced by transfer of monies from the Transporation Trust Fund, and it is now before Governor Crist for signature. The Legislature has utilized trust fund monies for the past several years to balance the State budget. Another bill was introduced in this session to impose recurring use of "sweeping" trust fund monies in future years, but it died in committee. RECOMMENDED ACTION Adopt Resolution No. R -1016, urging the Governor to veto Transportation Trust Fund monies to balance this year's budget and urging the Legislature to cease using Transportation Trust Fund monies to balance the budget in future years. RESOLUTION NO. R -10 -16 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO FLORIDA STATE TRANSPORTATION TRUST FUND; REQUESTING THAT THE GOVERNOR VETO THE CURRENT "SWEEP" AND THE FLORIDA LEGISLATURE NOT MAKE FUTURE "SWEEPS," TRANSFERS, OR DIVERSIONS OF MONIES FROM THE STATE TRANSPORTATION TRUST FUND; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida House of Representatives has passed House Bill 5001, adopting the Florida State Budget for 2010 -2011, which provides in Section 83 of the bill that the budget shall be balanced by transfer of funds from the State Transportation Trust Fund "STTF to the General Fund; and WHEREAS, the foregoing transfer is commonly referred to as a one -time "sweep" of STTF; and WHEREAS, the Florida House of Representatives considered a bill to make recurring "sweeps" of State Transportation Trust Funds for five years, which ultimately died in Committee; and WHEREAS, continued "sweeps" divert money from the Florida Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The City of Sebastian City Council respectfully requests that the Governor of the State of Florida veto the "sweep" from the State Transportation Trust Fund. SECTION 2. The City of Sebastian City Council respectfully requests that the Florida Legislature make no more "sweeps" or transfers from the State Transportation Trust Fund. The Sebastian City Council further respectfully requests that the Florida Legislature make no diversions of monies intended to be deposited into the State Transportation Trust Fund. The State Transportation Trust Fund is exactly that, a fund to be held in trust and used exclusively for Florida's transportation programs. SECTION 3. The City Clerk is hereby directed to forward copies of this resolution to the Governnor of the State of Florida, Members of the Indian River Legislative Delegation, the Senate President, the Speaker of the House, the Indian River County Commission, the Florida Metropolitan Planning Organization Advisory Council, the Florida Transportation Commission, the Florida Department of Transportation, the Florida League of Cities, and the Treasure Coast Regional League of Cities. g The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: day of 2010. ATTEST: Sally A. Maio, MMC City Clerk Approved As to Form And Legality For Reliance by the City Of Sebastian Only: By: SECTION 4. This resolution shall become effective immediately upon its adoption. Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright The Mayor thereupon declared this Resolution duly passed and adopted this Robert A. Ginsburg, City Attorney CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor vrf of HOME OF PELICAN ISLAND Subject: Expired Regular Member Parks Recreation Advisory Committee Appr 've.X' r Submittal by: d/ i Position Agenda No: 1 0. 0 g g 941( Department Origin: City Clerk's Office City Clerk: City Attorney: i.0604 For Agenda of: May 26, 2010 City a►.•er Exhibits: Applications, List, Ad Expenditure Required: Amount Budgeted: Appropriation Required: Mr. John Danise's term Advisory Committee. and would like to serve Interview unless waived, the three year term to SUMMARY STATEMENT Recreation three year term applicants. submit nominations for has expired on the Parks and He is eligible for an additional again. There are also two other RECOMMENDED ACTION and at Council's discretion, expire May 31, 2013. NAME://% HOME ADDRESS: 4.2 3/ ,feel HOME PHONE 77 r27 HOME FAXj j��� Y78 E -MAIL: BUSINESS: /r 6ZG// ii/-S' ��Ge: BUSINESS ADDRESS 6„/6,-- A -7 BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? e-S HOW LONG ?f DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? AJ1 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 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) 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 quarterly)* ,S' PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable)_ Working Waterfront (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment an Clr 1 V SE T 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) SC IT !d 9 I10N 6002 )18310 ).JJ3 30 :901.1.4r I I1SV9 S APPLICABLE EDUCATION AND /OR F XPEF3IENCE: brief resume is required) se -e se, C --,5-'4' .0 HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD ye' ��YI� FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: sue ,c ei--,- HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? d e/p WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? G-/ 6 C:j 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. I have been provided with, read and understand City of Sebastian Code (attached). Information relative to a specific board or committee Subscribed and sworn to before -324111 Daili SC L Dr(vers License ry Public, State of Florida \wp- form \a p p l i cat. wp d rev. 7/2007 NOTARY PUBLIC SPARE QF FLORIDA rtF.tte deAziurri4 JEANEITE WIWAMS Commission DD 630052 Expires February 28, 2011 Bonded ThraTro Fen Insurance 809.9867919 me this pplicant Signature who is personally as identification. of a dinances e s 2 -166 t. gh 2 -17 if re 6, day of Move n') bar known to me, or has produced Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 by To: Sebastian City Council Members From: John L Danise Jr. Subject: Application for Recreation Board Vacancy Good Day, I would like to introduce myself and share some of the expertise I inquired over the years, which I believe qualifies me for being a member of the City of Sebastian Recreation Board. While serving in the Marine Corp, I was introduced to my first coaching experience, when in 1959, I assisted with coaching a Little League team in Hawaii, later I was the player coach for our base Basketball team. During the sixties, I continue to coach Basketball at St. Mary's School in Bethel, CT, while being on the police department. Not wanting to coach my son, I resigned when he entered school. During the seventies I continued coaching Basketball, but it was at the War Memorial Industrial League. The seventies was also my first experience of being a Board Member of a not for profit organization. For three years I served on the Board of Directors for the War Memorial, the City of Danbury recreational arm. Part of the programs offered included bowling, basketball, volleyball, dancing, little league, softball and arts crafts. My main activities since the eighties have been tennis. I am a twenty plus year teaching Pro with the Professional Tennis Registry who has received recognition for my local, state, national and international accomplishments. In 2002 I successfully completed certification for completing the High Performance Coaching program. As a United states Tennis Association member, I served as the Local Excellence Training, (LET) program director for Indian River County, District 15 Director for the Florida Section, trained officials and served eight years on the USTA Florida Board of Directors. I have been o privileged to have taken eight teams to the AAU Junior Olympics and c have coached and coordinated the tennis at the World Scholar Athlete c Games at the University of Rhode Island. z r-a to Cri x C For the last thirteen years I have served as Tennis Director of the local not for profit, District 15 National Junior Tennis Learning Association and tennis coach for Sebastian River High School. While most of my time was with juniors, I did develop a game I called 66 -66 Doubles Tennis, which after discussion with USTA recreation personal we changed to 60 -60 Doubles. We believe this game is safer and have been testing it for the past year with hope that the USTA will adopt it for seniors. I think I can be an asset to the cities recreation board and would appreciate the opportunity to serve my community. r cons dera ,sr Wise Jr. NAME: I°krSJ HOME ADDRESS: 113 C et`bnck L n e_ Sz--la as f is 5,) 753 HOME PHONE: (77) 7(3_St/72 HOME FAX: E -MAIL: co-ki aukd j r c7 C C6 i fi /14 0 i v& BUSINESS: c 9 esAbLww. L- I EkN}o ScLn�� 1 BUSINESS ADDRESS: LI 350 ci 3 r A Vz Vern 1 ��a. `l 7 �9 r. csr ±,S`l�1 ?9,;` i BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? N e-s S y ea. rs DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? NQ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? No 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 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) COMMUNITY REDEVELOPMENT FACADE, SIGN LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) NATURAL RESOURCES BOARD (permanent board meets once a month) PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarteriy)c X PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) -T1 IT OTHER COMMITTEE (if applicable) C=3 .c. (WRITE IN COMMITTEE NAME) Crt L. i—+ O --T- Filing of financial disclosure is required following appointment GJ -n cf. C. r HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (AIL City Board and Committee Members Must be Residents of the City of Sebastianfl tots, e.v-c4 APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) i NCs'N'i5 .>r 0, tic-i SCi "a, Aia'�t+ePA`ny) j� n I a.Acalo A- Aft! Co( a1 i M. ar her a4 Arts v Ise ck i l L a u -1 &A4 Seec la (Is"t k t 4 ucF I o C. i i HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? q &acs of .t e_ver y (e I IC— id A cz e ?a a r e Ic-rati G -r 7 e✓, t f k Ar r mil¢. c.1- a "I'euc� LA.Ati 41s% sr-vve cS q i.•10T +1, s o c is fin�'t LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: 1 (...-4:1 c i10se 4.-..1 d w I t Wt-ra b aAKX� 81 rNn EA.,- t11y.. b Phi a.. l /t. 0.1.c..)-0 4i 000, i)�{�,, Z A C?Qf 4-( i j 4.4, Rt.K'r C. re,..,-._, k y T v,.f e cLc)ttr -rt. �2cr (2c 6 .n Iruq/.2ck i"� citti .0 Yti ts2.44 ip Cr Cga cAtSCr:fcf 4,444... HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? No 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. 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 specific board or committee is avail ble if requested. \wp- form \applicat.wpd rev. 7/2007 ure ribed and orn to before e this i day of Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 ?01P P:14k+ CAROL ANN GOLLNICK MY COMMISSION; DD 835534 EXPIRES: May 28, 2011 "�oF Fl Bonded Thin Budget Notary Services e fg by who is personally known to f', or has produced as ide ification. NAME: ✓o /A) Ego w -a HOME ADDRESS: 5 6 S 644 At de a L OA- Se HOME PHONE:722_5n_ Sd FS HOME FAX: E -MAIL: y o /F To AP y4&Iod eci BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS. FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? oS HOW LONG' 2Y7/2 -s DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /(,c0 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 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF- EVALUATION COMMITTEE (permanent board meets quarterly) NNING AND ZONING COMMISSION (permanent board— meets twice a month)* OLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable)_ Working Waterfront (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment �un SEB IAN HOME OF PELICAN ISLAND L ;CI'vEV OF SEBASTIAN OFFICE OF CITY CLERK 2010 -FM Hi .9 02 APPLICATION Tb'SERVE ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) e 1,4 1 1, ••r 1 y i s ,�,i,.�..�.p�^.,,C. s s�� r Ant.4.0 l,-A ,q• /s /,,K.y SGkaa 64-i i HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? -.1-- ..0--• nJ a 1 7 .o j /0,0 A -$P p4.„) 227 4. /C:;" 71.. .7 0 a LIST ANY ADDITIONAL ALLFICATI NS TO SERVE ON BOARD OR COMMITTEE: w o 2 el s., �f 7.,.v .9x, ,rS 01 o •lG 4007;.4....j (-0 ,4-7 am- S. u.,0- 4 i i y y HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ICJc) HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? 1 0 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? )JO Subscribed as identification. 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•appllcation. I 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 Co (attached). Information relative to a specific board or com ee i Ordinances Sections 2 -166 through 2 -173 ailable if requested. pplicant Signature and sworn to before me this 2t- day of 21 b who is personally known to e or has produced Notary Public Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 \wp- form \applicat.wpd rev. 7/2007 s PL Sally A. Maio =fi Commission DD595269 Expires October 5, 2010 Bonded Troy Fain Insurance. Inc 800.3857019 MEMBER NAME AND ADDRESS Jerome Adams 901 Roseland Road Sebastian, FL 32958 589 -1595 JeromeAdams(?bellsouth. net Matthew Sims Vice Chair 1741 Barber Street Sebastian, FL 32958 538 -4369 OneStopCellular5(c�aol.com George Seaman 736 Wimbrow Drive Sebastian, FL 32958 388 -2249 Seaman736(c� yahoo. com JoAnn White Chair 449 Easy Street Sebastian, FL 32958 589 -9300 Joanne(u�2whites.com John Danise 164 Coply Terrace Sebastian, FL 32958 589 -4278 coachjohndanise(a�bellsouth.net PARKS RECREATION ADVISORY COMMITTEE Ordinance No. 0 -07 -07 BOARD SECRETARY, LINDA KINCHEN 3 YEAR TERMS TERMS Term to expire 5/31/2011 Term to expire 5/31/2012 Term to expire 5/31/2011 Appointed 8/27/08 Term to expire 5/31/2012 Appointed 6/27/07 Term to expire 5/31/2010 Jay VanArsdall Alternate Member Term to expire 5/31/2011 907 George Street Sebastian, FL 32958 581 -1668 JayVanArsdall a(�comcast.net Jarad Pelletier Alternate Member Term to expire 5/31/2012 550 Croton Avenue Sebastian, FL 32958 388 -2803 May 4, 2010 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE EXPIRED REGULAR MEMBER POSITION ON THE COMMITTEE WITH TERM TO EXPIRE MAY 31, 2013. ALL COMMITTEE MEMBERS MUST BE CITY RESIDENTS. THIS COMMITTEE MEETS ON THE FOURTH MONDAY OF EACH MONTH AT 5:30 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. In the event Council fills the position with an alternate member, Council may choose one of the applicants to fill the alternate position. 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 OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED THROUGH MAY 19 2010. Subject: FY 10 Street Surfacing A .0 d or' Submittal by: Plan Agenda No. 0. ©13 Departure t Or' Finance: n: ublic Works DRIVEWAYS City Attorney: City Clerk: NY` Date Submitted: 5 MAY 10 I n- City Manager $89,763 $0 EXPENDITURE REQUIRED: $0 At This Time AMOUNT BUDGETED: $1,250,000 Resurfacing Note $89,00 FY 09 /FY 10 Allocation APPROPRIATION REQUIRED: $0 STREET I1AME RECYCLE COST PAVING COST 114 ROUND MISC DRIVEWAYS STRIPING TOTAL TOTAL PROJECT !Laconia Street '(Tulip Crystal Mist) $70,390 $110,622 $89,763 $0 $15 ,000 $2,223 $287,998 i Periwinkle Drive ;(Bridge Laconia) $52,075 $88,374 $134,020 $0 $20 ,000 8163 $294,632 'South Easy ;(512 V14mbrow) $42,728 $80,752 886,440 $13 ,000 $30 ,000 $650 $253,570 Schumann Drive (Engler County Line) $100,140 $186,945 $0 $0 $0 $5,000 $292,085 TOTAL PROJECT $1,128,285 anr or SE HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY On February 10, 2010, City Council authorized the refinancing of the 1998 outstanding road paving note to generate approximately $1,250,000 that could be used for road resurfacing. Roads scheduled for improvement were Laconia, Periwinkle, South Easy, Schumann and other riverfront roads. At the time the bond was approved, the Indian River MPO informed the City of the "Jobs for Main Street Act" being considered by Congress as a second round of stimulus funding. Streets qualifying for this program were Laconia and South Easy. This was obviously positive, because South Easy and Laconia would have qualified for the stimulus funding, freeing -up money for other City streets. However, Phil Matson of the IRC MPO has recently informed the City that the construction funds portion of the bill was eliminated by Congress. Therefore, at this time, no federal funding exists for Laconia and South East to be paved and the City needs to move back to the original plan using 2010 Gas Tax funds to resurface these streets. During the delay, the services of Neel- Schaffer were employed to help update a City-wide road survey. Attached for your review is said survey. Essentially the study found that the identified roads of Laconia, South Easy, Periwinkle and Schumann are primary needs. In going forward, the study suggested a few points. First, because of their condition and high use, it is necessary to rebuild Laconia, South Easy, Periwinkle and Schumann and install drainage improvements. The estimated cost for these improvements are as follows: STREET HAME RECYCLE COST PAVIHG COST CRAB GUTTER REPAIR STRIPIt.IG TOTAL ;Harrison Street $0 $16,377 $0 $209 $16,586 Collidge Street $0 $15,450 $17,520 $159 $33,129 !Washington St $0 $8,034 $9,000 $298 $17,332 !Jefferson Street $6,421 $5,150 $0 $70 $11,641 !Martin Avenue $0 $8,240 $0 $209 $8,449 'Cleveland Street $8,521 $14,934 $16,800 $209 $40,464 ;Davis Street $0 $17,599 $15,450 $418 $33,467 !Indian River Drive Micro Surface TOTAL CRA $161,068 (-3 6,0 Therefore, staff seeks Council approval to begin the procurement process for these improvements which will be funded with the 2010 Road Paving Proceeds. Next, the Neel- Schaffer Pavement Management Plan recommends that micro surfacing is a good alternative for resurfacing requirements, provided that street base and surfaces are not past the point of no- return. The report identifies that roads surveyed at the level of "Fair Poor" would be candidates for micro surfacing. At this time $89,000 exists in allocated and unspent resurfacing funds from FY 09 and FY 10. While exact estimates are not available at this time for micro surfacing costs, roads identified for micro- surfacing are Main Street, Tulip Street, Englar, and Conchia. These roads are relatively high traveled and the smaller micro investment now will provide good surfaces before the street become too deteriorated. As such, staff seeks authority from Council to seek a micro surfacing bid as part of the street reconstruction bids. At the time bids are received, street programming can be reviewed by Council prior to the issuance of a contract award. Finally, the report identifies a number of streets in the CRA district that are in need of resurfacing. Many of the streets also require base replacement. Staff has identified the following improvements and estimated costs to repair streets in the CRA district: It is staff recommendation that until a plan for US 1 Landscaping and Gateways are finalized, street reconstruction should not be funded with CRA funds. However, because the Neel- Schaffer report identified Indian River Drive as a good candidate for micro surfacing, a bid should be sought on this item. Allocation for micro surfacing and /or other street improvements can be transferred from the CavCorp project now allocated at $400,000. Staff seeks Council authorization to commence bidding on the following street maintenance projects: STREET South Easy Periwinkle Laconia Schumann Tulip Englar Main Conchia Indian River Drive RECCOMENDATION MAINTENANCE ACTION Rebuild /Resurface /Drainage Rebuild /Resurface /Drainage Rebuild /Resurface /Drainage Rebuild /Resurface /Drainage Micro Surface Micro Surface Micro Surface Micro Surface Micro Surface FUND 2010 Paving Note 2010 Paving Note 2010 Paving Note 2010 Paving Note FY 10 Resurfacing Budget FY 10 Resurfacing Budget FY 10 Resurfacing Budget FY 10 Resurfacing Budget CRA Transfer crryOF HOME OF PELICAN ISLAND City of Sebastian Pavement Management System FY 201012011 Date: May 5, 2010 Prepared by: Neel-Schaffer, Inc. City of Sebastian Pavement Management System (PSIS) FY 201012011 I. BACKGROUND The City of Sebastian maintains approximately 150 miles of paved roads as of April 2010. A majority of the roads were eonstructed in the 1960's to 1970's, approximately 30 and 40 years ago, by General Development Corporation (GDC). The roadway sections are typically 20 feet wide with no curbs and gutters. Most roadway drainage is handled by roadside swales that drain into ditches and canals. The City's Public Works Department has recently been improving the road side swales and drainage ditches with newer pipes, drainage crossings and the install of quarter round along the swales for better drainage. The past construction practices were to typically use 6 inches of soil cement base under an asphalt surface that has been observed to vary between 1/4 to 1 inch thick. The poor construction practice used in the past coupled with inadequate maintenance over the years has resulted in significant maintenance problems. The volume of repair work to be done is overwhelming the department's patching crew, with an estimated two month backlog of work and the number of complaints regarding road condition will continue to rise to an all time high. A significant change in the maintenance approach is necessary to catch up with the workload and get ahead of the situation. In 2002, the city repaved several of its major residential streets as part of its pavement management system program. In the past years, funding allocated to road maintenance have been limited due to city finances. Also, the amount of fmancial resources allocated to road maintenance was insufficient to keep up with the preventative maintenance needs of the roads. Typically, roads should be resurfaced on a ten to fifteen year cycle depending upon a variety of factors. Sebastian should be paving a minimum of ten miles per year to maintain good road surfaces. Because there were insufficient Rinds dedicated to resurfacing in past years the number of repairs work required per street have increased on the collector and major roadways. Unfortunately, the amount of resources allocated to pavement repairs has remained fairly constant over this same period. With the rate of deterioration increasing and the rate of maintenance constant, it is evident that new measures be developed to ensure some pavement management and avoid having deficit maintenance repairs. Without a road resurfacing program, the Public Works Department relies heavily on patching and small surface repairs. :Patch repairs for pot holes is only a temporary fix to the overall solution to resurface the roadway before the pavement surface pothole and cracking causes base failure and then the roadway will need to be reconstructed from the roadway base structure as well as a new pavement surface. Patching requires a significant amount of labor Sebastian Pavement Study Page 1 for each ton of asphalt applied to the road. It is time consuming and only temporary. The end product can be structurally sound but it is less aesthetic than an overlay. Therefore, the City's goal to pave is more cost effective and will minimize maintenance patching and repairs. With a new pavement management system program with more overlays in place, the funds for maintenance patching roadways will decrease as the overall road infrastructure improves. As the road inventory improves, then it would be expected that citizen satisfaction will also improve and the number of complaints related to road surface will drop significantly. This report outlines a plan for road maintenance and resource allocation that, if followed, will substantially bring the level of road service to a standard that will be satisfactory to the public and will be within the department's capability to maintain. H. PLANNING PHASE Before embarking upon :a substantial investment in the road infrastructure, extensive planning is required to determine the size and severity of the problems that exist and to analyze how each problem should be solved. The following sections outline the planning process that was developed for this new pavement management system and how it will continue as the city's paving program progresses. The first step included the development of a complete field inventory of all city roadways. Each road was given a rating based upon the quality and condition of the road. As part of this rating, each roadway was rated in four basic categories: Sebastian Pavement Study Good condition of roadway surface Fair condition of the roadway surface Poor condition (minor/medium surface cracking and pot holes) Bad condition of roadway (large cracking and base failures) Other parts of the planning phase included a determination of the level of repairs that were necessary to those roads that were rated poor or bad. The amount of asphalt tons required were estimated and the associated costs are calculated to determine the overall cost to repair poor and bad roadways. This schedule includes the current FDOT Federal Stimulus project for the reconstruction of Barber Street from County Road (CR) 512 to Schumann Drive. This project is anticipated to start in April 2010 and be complete by the Summer of 2010. At the completion of the planning phase, the paving program may move into the procurement phase and finally the implementation phase. Page 2 A. Road Rating Survey. A roadway rating survey was conducted in March and April of 2010. Each city roadway was driven and inspected for pavement rating. All of the ratings were conducted by an engineering consulting firm with trained individuals in reviewing the roadway pavement conditions which made the resulting surveys objective as possible for a task that is inherently subjective. Over a period of 30 days all of the roads were surveyed. As mentioned, the roadways were ranked in four different levels of road classification in which to determine the amount of service that would be required on each road. The roads were divided into the following classifications. A brief definition .follows the classification titles. Good. Roads that have been paved within the last 10 years and are holding up well. They are in good condition and can be expected to not require paving for several years or more. Fair. Fair roads rated as one, two or three have been grouped together for the maintenance program. Road is in fair condition, but has limited expected life. Maintenance should occur in the near term, that is, in a 3 to 5 year time period. Poor. Road is in poor pavement condition. It is potholed and/or cracked and is in need of significant repair, then resurfacing may need to be addressed. Immediate attention is indicated. Bad. Road are bad with base failure and major surface cracking. The roadway base material such a coquina rock or lime rock is failing. Additional work will be required to reconstruct the road base and apply more material, if necessary. A full size (24'x3b color inventory map (shown on page 4) of the city streets is attached to this report. This map identifies each street per color rating classification as listed above. B. Roads Recommend for Resurfacing. Only those roadways ranked as "Poor- or "Bad" will be considered as possible candidates for resurfacing. As shown in Figure 1 in color there are a little over 50 miles of mainly collector roadways that fall within these two categories. Each of these collector roadways will be reviewed to determine the extent of work that would be required prior to resurfacing these roads. This was necessary in order to: 1) Determine the work items that will be required for each road, and 2) Estimate the cost for repairing each of the roads. Once these were better defined and Quantified, then an overall budget for the program could be estimated. The original pavement program had areas designed to correlate with the water main installation phases of Indian River County's Water Service Installation Program. Figure 1 shows the areas with a blue boundary to illustrate these areas. Sebastian Pavement Study Page 3 ti+'lLNi�+ Oa SEBASTIAN MIME OF PFLK1732gAMD Sebastian Pavement Study CITY OF SEBASTIAN PAVEMENT MAP FY 2010 Nc>t'th I _,4T6 AL NEEL- SCHAFFER Sc1.7747ns 7.N caa bo71d vpon Page 4 C. Preparation for Resurfacing. The purpose of this section is to outline and plan the specific work items that will be contracted under the overlay program. Both road work and drainage items are anticipated. 1. Streets and Roads. Each road will require a certain amount of preparation prior to resurfacing. It is of the utmost importance to the life of the new asphalt road to have a clean, stabilized surface upon which to place asphalt. A sound base is required as well. Areas that have evidence of deterioration due to standing water should be reviewed and given additional consideration, Road preparation will consist of the following tasks: Edging. The existing edge of the pavement must be clear and clean from grass and debris. Procedures for clearing the edge consist of grading or excavating overgrowth, exposing the edge of the original pavement. Brooming off the loose material. Herbicide application if there is vegetation growth through the base. Crack Sealing. Cracks that have formed in the roadway surface should be sealed if they have greater than 1 inch width. Herbicide is applied if there is vegetation growth. Sealants will repair the crack and give a smooth surface upon which new asphalt overlay can be applied. Patches. Potholes and broken asphalt must be repaired if they are 3 inches in depth or greater. Imperfections less than 3 inches can be smoothed out with an application of a leveling course of asphalt prior to the overlay. Some areas that have asphalt peeled away, can be scraped off with a motor grader to the original base and a leveling course applied. Only those potholes greater than 3 inches deep will require more attention than a leveling course. In -house labor will supplement the contractor as much as possible. Spraying. Areas where grass and other vegetation are growing from beneath the paved surface will require herbicide spraying prior to asphalt application. Brooming. The road surface must be clean and dry prior to the placement of new asphalt .application. Milting. Milling is the process in which the top 8 inches of asphalt and road base are ground and mixed together, Oil is added to the mixture and it is reapplied as new base. Once the new base is graded, an asphalt overlay can be applied. Milling is only proposed for roads that meet the following conditions: a) the existing condition of the road is extremely deteriorated and there is substantial indication of base failure, and b) the traffic volumes and service level of the road warrant the additional investment. Sebastian Pavement Study Page 5 Based on the field review. there are several collector streets that have major surface cracking and structural base failure along sections of the roadway. These streets are the following: 2. Asphalt Overlays .Leveling Course. All roads shall be resurfaced with a minimum of 1 inch and up to 1 1 /2 inch overlay, Dependent upon the existing road surface, a leveling course may be applied prior to the overlay. Roads with rough surfaces, imperfections, or wheel ruts will be leveled prior to resurfacing. Most of the roads will require leveling. One .half inch of asphalt over each lane was used to estimate the number of tons required for the level course. 3. Full Depth Reclamation with Recycled Cement Treated Base. Full depth reclamation recycles the materials from the deteriorated asphalt pavement, base material and with the addition of cement, creates a new stabilized base. A surface consisting of a then bituminous hot mix asphalt or concrete cement completes the rebuilt roadway.. The recycled base is stronger, more uniform and more moisture resistant than the original base resulting in a long, low maintenance life. 4. Drainage. Roads that have a history of drainage problems shall be reviewed to determine what level of work needs to be done to eliminate standing water on the road surface. Many road failures are due to lack of roadway drainage. Clogged or collapsed pipes, inadequate svvales and lack of ditch maintenance contribute to road failure when the water cannot run off the pavement surface into a drainage facility. Prior to the implementation of the roadway improvement and pavement application, drainage facilities, such as storm drain pipes under the roadway, culverts and drainage boxes will be inspected for any needed improvements. These drainage improvements should typically be construction as separate drainage improvement projects and not tied into the roadway and pavement application project. 5. Shoulders Swales. The shoulders will be inspected to see what it's relative elevation is with that of the road. If the shoulder is too high, then water will not be able to drain off of the road, Roads that have evidence of holding water due to high swales will be more closely scrutinized to determine if the seriousness of the water retainage warrants additional drainage work prior to resurfacing. The swales will only be improved to the end result of getting water off of the road. The drainage efforts expended under the paving program will only involve repairing failed pipes, cut shoulders to provide positive drainage off of the road, sod and/or seed and mulch disturbed shoulders. Sebastian Pavement Study •Barber Street from CR 512 to Schuman Drive (FDOT Construction) `South Easy Street from CR 512 to S. Wimbrow Drive (2,575 ft) •Laconia Street from CR 512 to Crystal Mist Avenue (7,975 ft) •Periwinkle Drive from Laconia Street to Joyhaven Drive (4,138 ft) Schumann Drive from Dahl Avenue to southern City Limits (5,708 ft) Page 6 D. Estimating Pavement Budget Items There are several work or bid items associated with an annual pavement repair. These pavement bid items are listed below: Prime and Tack Coats for Base. The FDOT standards require for based materials to be applied with bituminous prime coats on previously prepared based material and apply bituminous tack coats on previously prepared bases and on existing pavement surfaces. Per FDOT standards Section 300 Prime and Tack Coat for Base Courses, this bid item is usually in gals. Asphalt Overlay. Tons of asphalt necessary to level the road and overlay the road with 1 /2 inches of asphalt. The asphalt concrete is typically paid in a unit price per tons for the leveling. FDOT uses the pay measurement of tons for asphalt contracts in neighboring communities. Per FDOT standards, Section 334 for Hot Mix Asphalt for Local agencies will be used for the specification for all asphalt, aggregate materials and milling or reclaimed .asphalt pavement. Milling and Resurface. Milling consists of grinding the road base and asphalt together and reapplying the new mixture as a new base. Typically, milling and surfacing is measured as a pay item in per square yard of roadway surface area. Per FDOT standards, Section 334 for Hot .Mix Asphalt for Local agencies will be used for the specification for all asphalt, aggregate materials and milling or reclaimed asphalt pavement. Full Depth Reclamation with Recycled Cement Treated Base. Full depth reclamation recycles the materials from the deteriorated asphalt pavement, base material and with the addition of cement, creates a new stabilized base. A surface consisting of a then bituminous hot mix asphalt or concrete cement completes the rebuilt roadway. The recycled base is stronger and more uniform and more moisture resistant than the original base resulting in a long, low- maintenance life. Micro-Surfacing. Micro surfacing consists of a mixture of polymer- modified emulsified asphalt, mineral aggregate, water and additives proportioned and mixed and uniformly spread over a properly prepared surface. Mirco surfacing should be capable of performing in variable thickness cross- sections such as ruts, scratch courses and milled roadways. The micro surfacing should be applied as a homogeneous mat, adhere firmly to the prepared surface and have the skid resistant texture throughout the service life. For the pavement maintenance program, the city has identified the use of the FDOT Section 335 for Mirco- Surfacing. Construction Engineering Inspections (CEI). As part of the overall construction of the asphalt application, is the need to provide adequate construction engineering inspection (CEI) services which will ensure that the project is constructed per the specifications. Typically, these CEl services are handled through consultant services for the duration of the project. Sebastian Pavement Study Page 7 E. Micro- Surfacing Option What is Micro Surfacing? Micro surfacing is a polymer cold mix paving system designed to remedy many roadway surface problems. Micro surfacing is perfect for high traffic streets showing signs of surface rutting, texturing and sealing. Micro surfacing is a type of slurry seal :application, with a mixture of dense graded aggregate, asphalt emulsion, water and mineral fillers. It is applied with a specialized paving equipment which carries and mixes all components. The applied finished surface is initially dark brown and then changes to black. The curing is completed within an hour after application and roadways can be open to traffic. Micro-Surfacing is a thin maintenance treatment for roadways. Unlike a slurry seal application, which eventually breaking and curing due to evaporation, micro- surfacing is a chemical reaction which causes the material to set -up. Why Use Micro- Surfacing? It is cost effective when compared to the cost of an asphalt overlay and benefits of the application include: Minimize oxidation/aging, reduces water infiltration, correct raveling and weathering Provides skid resistance Improves aesthetic (black color) Corrects rutting and minor surface profile irregularities Average performance life is 5 to 7 years When Not to use Micro Surfacing? As mentioned, micro- surfacing is a good and cost effective application for surface irregularities such as rutting, texturing and sealing. Micro- surfacing is not an application for roadways with structural defects. These defects include: Alligator cracking Extensive rutting Bumps and depressions Major potholes Base failures There are several state DOT's that are not providing technical specifications for using Micro surfacing on state projects. Florida Department of Transportation (FDOT) does not provide a standard specification for the application of Micro surfacing for state projects, but does provide one for local agency projects. As noted, micro- surfacing should only be used for surfacing pavements with minor cracking and rutting to extend the life of the pavement for another 5 -7 years. Roadways that are already showing signs of major alligator cracking, base failure and structural failure will require the structural base or sections of the base to be repaired and then a thin layer of bituminous asphalt overlay applied. Sebastian Pavement Study Page 8 III. PROCUREMENT PHASE The procurement phase consists of specification development, contract document preparation, bid solicitation, and contract award. This section will outline what contracts will be prepared. The schedule for completing this phase of the program is also presented in this section. A. Technical Specifications. Technical specifications will be prepared per the city's standard bid documents which will consist of all roadway preparation (base repair and milling), asphaltic application, micro surfacing and any drainage work (W needed). These specifications for the material, and for the installation and construction will follow those defined in the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction as specified in this document. The following specific work items will be prepared as part of this technical specification; Bid Items: Description Prime and Tack Coat Asphalt emulsion Milting of Existing Asphalt Reclamation Cement Treated Base Hot mix asphalt Micro-Surfacing Units Gallons Gallons Square Yard Cubic Yard Tons Square Yard B. Contracts. This section describes the typical capital improvement project contract which will be used as part of the paving program for advertising and selecting the contractor under a competitive bid process. The major items for this contract will be for the road preparation and application of asphalt as described above in the bid items. The Contractor shall be responsible for all tasks associated with preparing the roadway for and the application of asphalt: Other Contracts include milling and resurfacing, micro- surfacing and inspection services. The price for the contract will be for road preparation and application of asphalt as defined in the technical specifications. A list of roads and associated mileage to be resurfaced will be listed in the contract. Each bidder shall submit unit price bids for tons of asphalt applied for overlays, tons of asphalt for leveling, patches, square yards of shoulder rework, for the estimated total amount of roads that are proposed for resurface. Therefore, after the bids are received, the quoted low bid price can be added or .subtracted dependent upon how the cost compares to the budget Due to the magnitude of the streets. a part time inspector or CEl should be considered to assist city staff in monitoring the activities of the paving program, contractor, inspect the workmanship, monitor progress and schedule, and approve the payments. The inspector will be representing the City to make sure that the contractor works efficiently, within technical specifications, and to the plans. The inspector will coordinate all of the activities associated with the paving program with the city Public Works Director. Sebastian Pavement Study Page 9 IV. CONCLUSION In summary, there are approximately 150 miles of city roadways within the City of Sebastian for pavement review and management. Based on the 2010 :field review of the city streets, a good majority of the .residential local and collector streets are rated in the good to fair condition. Approximately 6% of streets reviewed are rated in the poor to bad condition. One of these streets is Barber Street from County Road 512 to Schumann Drive. This street is currently in construction under a Federal Stimulus funding program for the reconstruction of the roadway. The other major collector streets that are rated in bad condition are the following: Street Name Distance of Bad Pavement Length South Easy Street from CR 512 to S. Wimbrow Drive (2,575 ft) Laconia Street from CR 512 to Crystal Mist Avenue (7,975 ft) Periwinkle Drive from Laconia Street to Joyhaven Drive (4,138 ft) Schumann Drive from Dahl Ave to Southern City Limits (5,708 ft) Findings of the Study: Reclamation and Recycled Cement Treated Base The four collector streets listed above have major structural base failures and therefore Micro Surfacing cannot be used as an option for repair. The structural base material for these streets will need to be repaired. These streets have been identified to be included in the city's FY 2010-2011 pavement overlay program for full -depth reclamation with recycled cement treated based and asphalt overlay. Once completed, these roadways are expected to last another 20 years before any pavement improvements are needed. Milling and Resurfacing In add to the reclamation of the streets, there is a section of Schumann Drive from Day Drive to Barber Street which is rated in poor condition and is a good candidate for only the milling and resurfacing of the asphalt. This will help to reduce the overall cost for the street reclamation and allow for more streets to be repaired and paved. Micro Surfacing The other local streets that are rated in poor conditions were mainly in the southeast area of the city and are good candidates for micro- surfacing. These streets have some cracking and rutting and the micro- surfacing application wiui be the best option for these streets to ensure the maximum amount of streets that can be sealed. The other streets for micro surfacing are Main Street and Indian River Drive within the City's Community Redevelopment Agency (CRA). Sebastian Pavement Study Page 10 Subject: 512 Beautification Project Ap; rov Submittal by: 4 Update Agenda No. 10. 0 Department Origin: City Attorney: City Manager City Clerk: D to Submitted• 5 MAY 10 A rin �f r, City Manager Exhibits: EXPENDITURE REQUIRED: so AMOUNT BUDGETED: so APPROPRIATION REQUIRED: so on O HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY With FDOT grant funds in the amount of $176,102, the City has been working with Schulke, Bittle and Stoddard (SBS) to complete landscaping improvements for intersections at Roseland, Barber, Fleming Streets and along C.R. 512 (Sebastian Boulevard). The City has matching funds in the amount of $103,426, making the total project budget $279,528. Recently, Council executed the Local Agency Program (LAP) Agreement with FDOT, stipulating to certain procurement, administration and project management procedures. With the project approaching the bidding phase, it has been requested by Council that a review of the project be conducted. In short, the project seeks to fill approximately 200 feet of median with underground storm drains; thereby, providing area for landscape plantings. A typical section will provide turf grass, mulch beds, Indian Hawthorne and decorative Dwarf Fakahatcee Grass. Irrigation will be installed. Crosswalks are also being improved. Attached for your review are the most recent plans from SBS. These plans are currently under the review of FDOT and Indian River County. RECOMMENDATION No action is required on this project at this time. The purpose of the item is to review project parameters for Council and Public input. Should the project still meet the approval of Council, staff will move forward with FDOT permitting. 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'.Mestatta 7W20 030 350 371 `421 d4001S'8 311119 `3)11f1H0S SNOIlY0131O3dS 0 S1IV13O NOIIVONM 1VfId3ONO3 NVId NOIIVOIb)I ONV ONIdV3SONY1 ZtsaO NVIISY83S 30 Al1O 0 'INV 60 :1-1:01 OIOZ /Ol .008 \A 0 it Eg 12 d1 11 1 1 4 ,1 °a 2 1. 1 1 IIt is 1 f ag'f i2 133 g i 1 3 il 3! W J ce 0 z 0 1 R 8 41 O 636 o 01 111 d6fi 1 1 1 3 \100 80 Z'S 63 SO3 1.0f Subject: Proposed Ordinance Relating to Pain Management A..rov, f'r Submittal by: City i No. 0 -10 -03 Clinics Manager Agenda No. ill 0 7 Department Origin: Date Submitted: For Agenda of: City Attorn 05/20/10 05/26/10 444A. (lrgt Exhibits: Proposed Ordinance 0 -10 -03 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A CRY OF HOME OF PELICAN ISLAND SUMMARY This is a proposed Ordinance relating to Pain Management Clinics for the Council's consideration. The regulation is provided by prohibiting the issuance of occupational licenses to certain clinics. RECOMMENDED ACTION The Council should conduct a first reading of this proposed Ordinance, act upon and set public hearing for June 9, 2010. se ORDINANCE NO. 0-10-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE CODE OF THE CITY OF SEBASTIAN; PROVIDING FINES AND PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding new sections, to be numbered 30 -80 through 30 -85, which sections shall read as follows: Sec. 30 -80 Recitations. CHAPTER 30 BUSINESSES ARTICLE IV PAIN CLINIC AND PAIN MANAGEMENT CLINICS Section 1. REGULATIONS RELATING TO PAIN CLINICS AND PAIN MANAGEMENT CLINICS. (1) The Sebastian Police Department made a PowerPoint presentation to the City Council on May 12, 2010, describing the public health and crime issues relatingto the proliferation and activities of Pain Clinics and Pain Management Clinics which presentation is incorporated herein by this reference as if transcribed and fully set forth herein; and (2) It is appropriate and in the best interest of the City of Sebastian to enact an Ordinance prohibiting the issuance, duplication, transfer and renewal of local business tax receipts for certain Pain Clinics and Pain Management Clinics. Sec. 30 -81 Application of Chapter 30, Article II. The provisions of Chapter 30, Article II of the code, with the specific exception of Section 30 -46 (Penalty for violation of article), are applicable to this Article IV. Sec. 30 -82 Legislative Finding. The Sebastian City Council, in the exercise of its legislative discretion, hereby finds and determines that a public health emergency exists and the enactment of this Ordinance is necessary to forestall the proliferation and activities of certain Pain Clinics and Pain Management Clinics within the municipal limits. Sec. 30 -83 Prohibition. (1) No person, firm or corporation shall apply for a City of Sebastian business license, or the duplication, transfer or renewal thereof, for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. (2) No person, firm or corporation shall use a City of Sebastian business license receipt for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. Sec. 30 -84 Definitions, Exceptions. For the purpose of this Ordinance, the following definitions are used: (1) "Pain Clinics" or "Pain Management Clinics" defined. The terms Pain Clinics or Pain Management Clinics are defined as privately owned clinics, facilities or offices or the primary business purposes of which are to prescribe or dispense pain medication such as opioids including fentanyl, hydrocodone, morphine and oxycodone, or any controlled substance identified in Schedules II, III, and IV of Sections 893.03, 893.05 or 893.0355 of the Florida Statutes, as the same may be amended or renumbered from time to time. (2) Exception. The definition of Pain Clinics or Pain Management Clinics shall specifically exclude clinics, facilities or medical practitioners' offices that: (a) are fully owned by one or more physicians, licensed by the State of Florida and who are board certified in pain management, and (b) where all physicians employed by the practice, who spend the preponderance of their professional time prescribing controlled substances, are also board certified in pain management. Sec. 30 -85 Fines and Penalties. (1) Violations of any of the provisions of this Article shall be punishable as provided in Section 1 -10 of this code. (2) The City is authorized to seek temporary or permanent injunctive relief to restrain or prohibit any violation of this Article. (3) Any occupational license may be revoked by the City Council upon proof of willful violation of this Article. Section 2. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. 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 this 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 or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance will take effect immediately upon adoption by the City Council. 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: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC Richard Gillmor, Mayor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg City Attorney �LZ) Subject: Resolution R -10 -15 Parks Use Regulations A ro ,.r Submittal by: Agenda No. 1O.Ok9 Department Origi City Attorney: Cit Mana• er City Clerk: r ,Lk Date Submitted: 5 10 n: r, City Manager xhibits: R- 10 -15; R -2 -47; Sebastian City Code Sections 74 -1 74 -10 EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 HOME Of PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At the request of City Council, parks use regulations have been placed on the agenda for review and consideration. Presently, park use is regulated by Section 74 of the Code of Ordinances and Resolution R- 02-47. In reviewing these regulations, staff proposes the following discussion points and brings to your attention modifications made that can be made to R -02 -47 with the adoption of R- 10 -15. R -02-47 COMPARED TO R- 10 -15: All Changes to R -10 -15 are in blue and underlined. THREE TYPES OF EVENTS: Per Section 74 -2, the park system and its uses require designation. Resolution R -02 -47 offers that designation and is currently outdated. In Resolution R- 10 -15, new designations are provided to (1) add newly constructed parks; and, (2) to more clearly identify the types of uses that may occur in each park. For the purpose of clarity, please keep in mind there are three types of events. First, delineation is made for Public Use Facility. These events are typically conducted indoors at the Community Center and Yacht Club. These facilities are rented for private parties, holiday gatherings, reunions, weddings and the like. Regulation for these activities is provided in Section 4 of R- 10 -15. Public Facility Use is approved administratively, but requires Council approval for consumption of alcohol. The next delineation is a Park Event. All out door parks are suitable for a Park Event requests. A park event anticipates less than 300 people and is generally approve administratively. Section 2 of R -10 -15 provides the regulations for Park Event Request(s). Park Event Request(s) are approved administratively with option for Council approval. Generally, staff processes Park Event qp3) Requests, but Council has approved some of these requests for reoccurring events (i.e., Art Shows; and the Concert in the Park Series). The third delineation is Special Events. Section 3 of Resolution R -10 -15 provides regulations for these events. Special Events are requests that will involve greater than 300 people. With the exception of the recently approved Reclaimed Ministries Event, Special Events have generally been City Co- Sponsored Events and have included events such as the Clam Bake Festival, Sebastian Fine Arts and Music Festival, July 4 Celebration, Holiday Parade and the Pelican Wildlife Festival. PARK FEES Community Center (Flat Fee 4Hrs) Per Hour Thereafter Yacht Club (Flat Fee 4Hrs) Per Hour Thereafter Parks use fees have been modest. Generally, excessive cleaning costs because of an "event gone wild" have been limited. In fact, Chris McCarthy notes that a deposit on the Community Center has only been kept twice in his years of service. Further, Park Events have not unnecessarily overburdened staff or overused park facilities. On the other hand, for Special Events, cleaning and other ancillary event services are absorbed by the City as our event contribution. For your information, Public Works programs one employee on Saturday, Sunday and Holidays for three hours to help monitor park activity. This cost is approximately $250 per weekend and is a budgeted expense. To help offset some costs, while still providing parks for public use at a reasonable rate; R -10 -15 proposes a small fee increases. Below is a chart which outlines the Facility and Park Use Fees: TYPE OF EVERT Park Event Park Event Pavilion Only Special Event RESIDENT FEE DEPOSIT $150 $250 $25 $75 $250 $15 PARK USE VS. SPECIAL EVENT CURREIIT FEE FACILITY FEES 11011 RESIDENT FEE DEPOSIT $225 $2 $37.50 $110 $250 $20 PARK USE FEES CURREFIT FEE FEE DEPOSIT $50 $0 $50 $0 $100 $0 In R- 10 -15, Council may want to make a special designation that Special Event can only occur with City co- sponsorship. This action will limit the size of events and dictate what additional safeguarding services are necessary. Such services would include additional port-a -pots, police, road closures and the like. RECOMMENDATION Review and discuss Resolution R -10 -15 and adopted accordingly. PROPOSED FEE R:10 -15 RESIDEHT MOH-RESIDENT FEE DEPOSIT FEE DEPOSIT $200 $250 $300 $250 $30 $50 $100 $250 $150 $250 $25 $30 PROPOSED FEE R- 10-•I5 FEE DEPOSIT $100 $100 $50 $100 $200 $200 WHEREAS, Chapter 74, Article I of the Sebastian Code of Ordinances, generally provides for Park Use Procedures and calls for a Resolution to more specifically govern park use; and WHEREAS, on May 12, 2004, City Council adopted Ordinance No 0 -04-06 which amended provisions for alcoholic beverage use in City parks by eliminating the need to be a City sponsored event; and, WHEREAS. this Resolution shall amend R -02-47 and serve as supplementary guide for providing Rules, Regulations and Procedures when administering and granting Park Use Requests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. CLASSIFICATION OF RECREATIONAL FACILITY. In accordance with Section 74 -2, the following list designates public facilities into classifications and stipulates that type of permit required: RECREATIONAL FACILITY Community Center Yacht Club Barber Street Sports Complex (Includes Skate park) Airport Park Schumann Park Blossom Park East Street Park Filbert Street Park Friendship Park Garden Club Park George Street Park Hardee Park Riverview Park Main Complex Riverview Park South/Southeast Riverview Park Pavilions Indian River Drive Board Walk Yacht Club Pier Main Street Pier, Ramp, Parking Area Rotary Club Pier Riverview Park Observation Pier Schumann Boat Ramp RESOLUTION NO. R -10 -15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. CLASSIFICATION Endosed Public -Use Facility Endosed Public-Use Facility Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Park Area Waterway Facility Waterway Facilitv Waterway Facility Waterway Facility Waterway Facility Waterway Facikty PERMIT R O UIRED Public Facility Permit Only Public Facility Permit Only Park Event or Special Event Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event Only Park Event or Special Event Park Event or Special Event Park Event or Special Event Section 74-5 Code of Ordinances Section 74-5 Code of Ordinances Section 74-5 Code of Ordinances Section 74-5 Code of Ordinances Section 74-5 Code of Ordinances Section 74-5 Code of Ordinances If a City facility /park is not listed in the table above any park event, special event or facility use permit(s) is prohibited, without the approval of City Council. PARK EVENT PERMIT SECTION 2. APPLICATION, CONDITIONS AND FEES FOR PARK EVENT PERMIT 175 304 Participants). In accordance with Section 74 -6, the following conditions apply to application for a Park Event Permit: A. Application. Applications for Park Event permits shall be submitted to the Parks and Recreation Supervisor, on a forrn promulgated by the City Manager, along with a $100 application /permit fee and $100 security deposit. The application shall list the name and address of the permittee, and the purpose of the event. B. Application for Pavilion Only. Applications for Park Pavilion permits shall be submitted to the Parks and Recreation Supervisor, on a forrn promulgated by the City Manager, along with a $50 application/permit fee and $100 security deposit. The application shall list the name and address of the permittee and the purpose of the event. C. Conditions. Applicants shall meet with the City Manager to discuss: 1. Provisions for traffic and parking, solid waste collection and removal, sanitary facilities, a4 security, if it io anticipated th a Park E w in b its naturo impact on the use of the subject Recreation Facility by the public generally, and 4 Itee any other implications for the public health, safety and welfare. 2. Need for and method of reimbursement if City resources are needed to adequately protect the public interest. D. City Manager Approval. The City Manager shall approve the permit if it he has determined that said Event will not adversely affect the interest of the public, and has worked out an agreement governing mitigation measures, and financial responsibility therefore, of the public welfare issues raised by the Event. E. Permit. Permits shall be issued by the City Manager and may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. F. Alcoholic Beverages. Any request for alcoholic beverage use at a Park Event must be approved by the City Council and will only be allowed in a designated area as set out in the permit. G. Police Service Requirement. The permittee for any function at which 150 or more attendees are anticipated, shall be required to hire one or more Sebastian Police Officers to attend the function for security purposes at the rate established by the City Manager for City officers hired for private duty, unless waived by City Council. For events up to 300 or more attendees anticipated, it shall be required to hire two Sebastian Police Officers to attend the function. NI general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply to Park Event Permits. 2 SPECIAL EVENT PERMIT SECTION 3. APPLICATION, CONDITIONS AND FEES FOR SPECIAL EVENT PERMIT (more than 300 participants). In accordance with Section 74 -7, the following conditions apply to application for a Special Event: A. Application. Applications for Special Event permits shall be submitted to the Parks and Recreation Supervisor, on a form promulgated by the City Manager along with a $200 application /permit fee and a $200 security deposit; and include the following information: 1. Name and address of permittee. 2. Purpose of the event. 3. A list of all vendors and others that will participate in said Event and guarantee that they meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions, and duly promulgated rules and regulations governing use of the subject facility. 4. A schematic of any all structures to be erected or otherwise assembled as part of the Event and a site map showing placement and use of such structures within the park. B. Conditions. Applicants shall meet with the City Manager to discuss: 1. Provisions for traffic and parking, solid waste collection and removal, sanitary facilities, aR€I security, if it i; anticipated that Park E ,.ail b its nature impact on the use of the subject Recreation Facility by the public generally, and will-have any other implications for the public health, safety and welfare. 2. Need for and method of reimbursement if City resources are needed to adequately protect the public interest. C. Council Approval. The City Manager shall forward the permit application to the City Council with his recommendation as to whether said Event is in the best interests of the public, and if necessary, submit a proposed agreement governing mitigation measures, and financial responsibility therefore, of the public welfare issues raised by the Event. D. Alcoholic Beverages. Any request for alcoholic beverage use at a Special Event must be approved by the City Council and will only be allowed in a designated area as set out in the permit. E. Permit. Permits shall be issued following approval of the City Council and may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. GS. ENCLOSED PUBLIC -USE FACILITY PERMIT SECTION 4. APPLICATION, CONDITIONS, AND FEES FOR ENCLOSED PUBLIC USE FACILITY PERMIT. In addition to those provisions set out in the Code of Ordinances, the City Council hereby adopts the following rules, regulations and fees for the use of enclosed public use facilities (the Sebastian Community Center and the Sebastian Yacht Club): A. An application for a permit for an enclosed public -use facility must be submitted on a form, promulgated by the City Manager, to the Parks and Recreation Supervisor, along with the security deposit fee as set out in this Resolution. The application must be received at least two weeks prior to the date of the requested use, however, an application for a permit requiring City Council approval must be received at least two weeks before the next Regular City Council meeting date which is prior to the date of the requested use. B. In accordance with the Code of Ordinances, in the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Manager shall not issue a use permit until directed to do so by the City Council. In the event that gam activity is to be a part of the permitted uce, the City Council shall make a determination No alcoholic beverages of any type may be brought on to the premises, dispensed, or otherwise consumed without prior authorization of the City Council. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further a commercial purpose. C. The City Manager, or his designee, shall issue a use permit upon a determination that the requested use is permissible pursuant to this Resolution and upon payment of the appropriate rental fee as set out in this Resolution. It is the policy of the City of Sebastian that no waivers of the rental or security deposit will be permitted, except as otherwise provided for in this Resolution. D. A use permit for a group composed of minors shall be issued only to an adult who accepts the total responsibility for the supervision of each minor throughout the period covered by the permit. E. The applicant shall disclose the nature of the proposed activity and the anticipated need for extra work by City personnel. If it is determined that the permittee will cause extra work by City personnel as a result of the proposed use, an additional fee shall be charged in order to fully recoup such cost. F. No decoration of any type shall be permitted without prior approval. Any decoration utilized must be removed by the permittee. No nails or staples may be used to hang decorations. G. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from the facility. 4 H. The permittee shall bear the responsibility for the control of the lights, thermostats (specifically turning off after events), and other equipment in the facility. Further, the permittee shall bear responsibility for the unlocking and subsequent securing of the doors of the facility. In the event that an applicant anticipates any special needs with regard to heating, air conditioning, or lighting, he shall disclose the details of such necessities at the time of application. The permittee is solely responsible and answerable to the City for damages and to any injured person for any and all accidents or injuries to persons or properties resulting from the use of the facility during the permitted period. The permittee shall ensure that the facility is left in the same condition as it was in prior to the permitted use. Any facility equipment utilized must be replaced in the facility's storage room after use. J. Use permits are not transferable. K. The permittee for any function at which 76 or more attendees are anticipated. shall be required to hire one or more Sebastian Police Officers to attend the function for security purposes at the rate established by the City Manager for City officers hired for private duty. unless waived by City Council. The ratio of the number of attendees to required officers is attached hereto as Exhibit "A Verification of the agreement with the Sebastian Police Department shall be obtained by the Parks and Recreation Supervisor prior to issuinq a key to the permittee. If the Police Department verifies that a sufficient number of School Resource Officers will be used to handle security for a teen dance /function, hiring of police officers is not required. Private duty police officers shall be available for qroups of any size if requested by the permittee. L. A minimum deposit of Two Hundred Fifty Dollars ($250.04) must accompany each application for use of the Community Center and Yacht Club. This deposit is refundable if a facility is left in a clean and undamaged condition by the permittee. In the event that the City, in its sole discretion, determines that cleaning or repairs are necessary after the permitted use, the deposit shall be forfeited. In the event that cleaning or repairs are not necessary, the City Clerk shall refund the deposit to the permittee within two (2) weeks after the completion of the permitted use. Rates for Community Center and Yacht Club are as follows: Public Use Facility Community Center Yacht Club Resident Rates Four (4) hr flat rate 200.00 Each Additional hr 30.00 Four (4) hr flat rate 100.00 Each Additional hr 25.00 Non Resident Rates Four (4) hr flat rate 300.00 Each Additional hr 50.00 Four (4) hr flat rate 150.00 Each Additional hr 30.00 Exemption from Rates: The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetings per month at the Yacht Club based on a prior agreement with General Development Corporation relative to this facility. Not- for profit Organizations: In the event that the applicant is a school, church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the Sebastian Community Center or the Sebastian Yacht Club shall be one -half (1/2) the regular rate. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. adoption. SECTION 5. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 6. This Resolution shall become effective immediately upon The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: The Mayor thereupon declared the Resolution dully passed and adopted this day of 2010. Sally A. Maio, City Clerk MMC City Clerk (SEAL) Mayor Richard H. Gilimor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright CITY OF SEBASTIAN, FLORIDA By: Richard H. Gilimor, Mayor Approved as to form and legality for ATTEST: reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Adult Function With: NUMBER OF GUESTS 0 -75 76 -250 251 300* High School or Jr. High School Dances /Function: NUMBER OF GUESTS 0 -99 100 -199 200 -300* EXHIBIT "A" All City Facilities reach Maximum Capacity after 300 persons. POLICE OFFICER REQUIREMENT 0 1 2 POLICE OFFICER REQUIREMENT 0 1 2 Chapter 74 PARKS AND RECREATION* Article I. In General Sec. 74-1. Definitions. Sec. 74 -2. Designation by resolution. Sec. 74 -3. Regulations; promulgation and approval by resolution. Sec. 74 -4. General regulations for recreational facilities. Sec. 74 -5. Additional regulations affecting waterway facilities. Sec. 74 -6. Park event permits. Sec. 74-7. Special event permits. Sec. 74 -8. Enclosed public -use facility permit. Sec. 74 -9. Claims against security deposit. Sec. 74 -10. Permit rescission. Secs. 74- 11- 74 -30. Reserved. Article II. Golf Course Sec. 74 -31. Municipal golf course; objectives; management. Sec. 74 -32. Manager; duties. Sec. 74 -33. Rates. Sec. 74 -34. Operating fund. Sec. 74 -35. Vehicle restrictions. Secs. 74- 36- 74 -49. Reserved. Sec. 74 -50. Sec. 74 -51. Sec. 74 -52. Sec. 74 -53. Sec. 74 -54. Sec. 74 -55. Article III. Recreational Impact Fees. Fee required. Credit for parcels vested under 1992 Bankruptcy Court Order. Credit for the dedication of land for active recreation uses. Time of payment. Establishment of recreation zones. Use of fees paid. *Cross references Streets, sidewalks and other public places, ch. 90; waterways, ch. 110. Supp. No. 29 CD74:1 Sec. 74 -1. Definitions. PARKS AND RECREATION 74 -2 ARTICLE I. IN GENERAL* The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Enclosed public -use facilities means those city properties such as the yacht club and community center, which by their very nature, are generally best utilized by designated groups for meetings, events and private parties. Open -air public use facilities means those city properties such as the ball fields of the Barber Street Sports Complex, the skatepark facility, that by their very nature, are generally best utilized by either the general public or designated groups for sporting events, and may be leased on a long -term basis to specific organizations. Park areas means any and all outdoor and covered grounds and facilities owned, operated or designed by the city for the purposes of recreational or leisure activities, except those facilities designated as waterway facilities or public -use facilities. Park Event means utilization of a recreation facility, other than an enclosed public -use facility, or any portion thereof for any planned or organized event, other than a city- sponsored event, at which the city manager reasonably believes between 50 and 300 persons will attend. Recreation facilities means any and all real property owned or maintained by the city for the purposes of active or passive recreation, community and civic gatherings, open space and such other traditionally related activities. However, these provisions shall specifically not apply to the Sebastian Municipal Golf Course. Special event means utilization of a recreation facility, other than an enclosed public -use facility, or any portion thereof for any planned or organized event, other than a city- sponsored event, at which the city manager reasonably believes more than 300 persons will attend. Waterway facilities means any structure constructed on or over the waterways of the city such as a public dock, boat ramp, seawall or boardwalk, as well any pedestrian walkway constructed or maintained by the city running over or along its waterways. (Ord. No. 0- 00 -20, 1, 9- 13 -00; Ord. No. 0- 02 -15, 1, 11- 13 -02) Sec. 74 -2. Designation by resolution. The city council shall, by resolution, designate the classification, and the fees, where applicable, for use of each recreation facility in the city. (Ord. No. 0- 00 -20, 2, 9- 13 -00; Ord. No. 0- 02 -15, 2, 11- 13 -02) *Editor's note —Ord. No. 0- 00 -20, 1 -10, adopted Sept. 13, 2000, amended Art. I, 74- 1- 74 -10, to read as herein set out. Formerly, Art. I, 74- 1 -74 -5, pertained to hours of operation, prohibited animals and alcoholic beverages, and restricted use of vehicles in parks and prohibited swimming in Swim Lake. Such sections were derived from the 1980 Code, 18- 1 -18 -4, 26 -7; and Ord. No. 0- 92 -11, 1, adopted July 8, 1992. Supp. No. 45 CD74:3 74 -3 SEBASTIAN CODE Sec. 74 -3. Regulations; promulgation and approval by resolution. (a) The city manager is hereby empowered and authorized to adopt, promulgate and enforce reasonable rules and regulations which shall apply to city recreational facilities. (b) All rules and regulations promulgated and adopted pursuant to this article shall, in order to be effective, be posted in a conspicuous place in the area where they are intended to be effective. The existence of such signs at any place within the city shall be prima facie evidence such signs were erected or placed with the authority of the city manager. (c) Any person violating any such rule or regulation promulgated and posted pursuant to this article shall be subject to a fine of up to $500.00. (d) The city council may by resolution, remove or modify any regulation promulgated pursuant to this section. (Ord. No. 0- 00 -20, 3, 9- 13 -00; Ord. No. 0- 02 -15, 3, 11- 13 -02) Sec. 74 -4. General regulations for recreational facilities. (a) Prohibited conduct; unlawful acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the recreational facility by others. (2) Smoke in buildings or other areas except where designated by signs posted by the city manager or his designee. (3) Knowingly interfere with, encumber, obstruct or render dangerous any part of a facility. (4) Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction equipment of any kind at such a high volume level as to unreasonably interfere with the use and enjoyment by others of the facility. (6) Build or set fires except on cooking grills or self contained cooking units in specified areas or upon written approval of the city manager. (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless authorized by city council through a permit for a function held at said facility. (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of F.S. 413.08, to enter the area unless such pet is maintained on a leash of six feet or less. No dogs or other domestic animals shall be brought into any enclosed public use facility except in accordance with the aforementioned statute. This subsection does not apply to city designated dog parks where activities are conducted in accordance with posted rules and regulations. Supp. No. 45 CD74 :4 PARKS AND RECREATION 74 -5 (9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in or contiguous to, the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (10) Drive or park any unauthorized motor vehicle on any area within any park or recreational area except designated park roads or parking areas; park any motor vehicle that is not authorized by the city manager in any area other than an established or designated parking area; or park any motor vehicle that is not authorized by the city manager within any recreational facility during the established hours that said area is closed to the public. (11) Ride a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle in any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. (12) Post public notices except in designated areas and in accordance with time and place restrictions established by the city manager. (13) Operate a concession; sell, peddle, or solicit sell in any park without written prior approval of the city manager or his designee. (14) Bed down or sleep in parks or recreational areas including any parking area except upon written approval of the city manager; nor shall camper trucks, buses or trailers be permitted to remain in such parking area between the hours of 12:00 midnight and 6:00 a.m. except boat trailers may remain in areas designated for the parking thereof during the time between launch and return of the watercraft it has transported. (b) Signage. The city manager is hereby empowered and authorized to regulate the use of recreational facilities within the context of this article by erecting or placing of signs regulating such use and hours of use. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. (Ord. No. 0- 00 -20, 4, 9- 13 -00; Ord. No. 0- 02 -15, 4, 11- 13 -02; Ord. No. 0- 04 -06, 1, 5- 12 -04; Ord. No. 0- 09 -04, 1, 5- 13 -09) Sec. 74 -5. Additional regulations affecting waterway facilities. (a) Prohibited conduct; unlawful acts. In addition to the restrictions set -forth elsewhere in this chapter, no person shall within or upon waterway facilities: (1) Dive or jump into the water from such facility. (2) Use railings or benches on piers or riverwalks for cleaning or cutting bait or fish. Supp. No. 45 CD74:5 74 -5 SEBASTIAN CODE (3) Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks. (4) Fish with more than two lines or poles at one time on piers or riverwalks (5) Park or dock watercraft utilized for a commercial purposes, including rental to the public, longer than reasonably necessary to launch or retrieve the same. (b) Signage. The city manager is empowered and authorized to further regulate waterway facilities within the context of this article by erecting or placing of signs governing their use. The existence of such signs at any place within the city shall be prima facie evidence that such signs were erected or placed with the authority of the city manager. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. (Ord. No. 0- 00 -20, 5, 9 -13 -001; Ord. No. 0- 02 -15, 5, 11- 13 -02) Sec. 74 -6. Park event permits. No person shall conduct a park event without the prior approval of the city manager. Any person desiring to conduct a park event shall submit a written application to the recreation department on forms promulgated by the city manager and shall pay fees as established by resolution of the city council. Further conditions for park event permit approval may be set out by resolution of the city council. (Ord. No. 0- 00 -20, 6, 9- 13 -00; Ord. No. 0- 02 -15, 6, 11- 13 -02) Sec. 74 -7. Special event permits. (a) No person shall conduct a special event without the prior approval of the city council. Any person desiring to conduct a special event shall submit a written permit application to the recreation department on forms promulgated by the city manager. The amount of the permit fee and conditions for special event permit approval shall be established by resolution of the city council. (b) The city council shall deny an application if the special event will unreasonably conflict with public policy or adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the city council to deny, or to grant with conditions, an application made pursuant to this section shall be final. (Ord. No. 0- 00 -20, 7, 9- 13 -00; Ord. No. 0- 02 -15, 7, 11- 13 -02) Sec. 74 -8. Enclosed public -use facility permit. (a) No person shall utilize an enclosed public -use facility without the prior approval of the city manager, except that certain uses shall require city council approval as set out in paragraph (c) below. Anyone desiring to utilize an enclosed public -use facility shall submit a written application to the recreation department on forms promulgated by the city manager and shall pay fees as established by resolution of the city council. Further conditions may be set out by resolution of the city council. Supp. No. 45 CD74:6 (b) No permit shall be granted for the commercial use of an enclosed public -use facility, although fund- raising for non -profit organizations shall be allowed subject to council approval as set forth below. In the event that gambling activity is to be a part of the permitted use, the city council shall make a determination that such activity is not in conflict with the general law of the State of Florida. (c) In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the permit can only be issued upon approval of the city council. (Ord. No. 0- 00 -20, 8, 9- 13 -00; Ord. No. 0- 02 -15, 8, 11- 13 -02) Sec. 74 -9. Claims against security deposit. All or part of the security deposit for any permit issued under this article shall be forfeited to the city if it is determined by the city manager that non compliance with the terms of this article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The city manager is authorized to pro -rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific clean-up attributable to the applicant. Any decision of the city manager may be appealed to the city council. The city council may affirm, reverse or modify the decision of the city manager after considering the facts as presented by both the applicant and the city manager. (Ord. No. 0- 00 -20, 9, 9- 13 -00; Ord. No. 0- 02 -15, 9, 11- 13 -02) Sec. 74 -10. Permit rescission. The city manager is authorized to rescind any permit found in violation of provisions of this article when it is deemed in the best interest of the public. Violations of any provisions of this article may result in the forfeiture of the security deposit as provided above. The decision of the city manager may be appealed to the city council. The city council may affirm, reverse or modify the decision of the city manager after considering the facts as presented by both the applicant and the city manager. (Ord. No. 0- 00 -20, 10, 9- 13 -00; Ord. No. 0- 02 -15, 10, 11- 13 -02) Secs. 74- 11- 74 -30. Reserved. Supp. No. 29 CD74:7 PARKS AND RECREATION 74 -31 ARTICLE II. GOLF COURSE* Sec. 74 -31. Municipal golf course; objectives; management. The Sebastian Municipal Golf Course has been established to promote and encourage persons to learn and play golf, swimming, tennis and other recreational sports at the *Charter reference Powers of city relative to golf course, 1.02(8). Cross reference Streets, sidewalks and other public places, ch. 90. 74-31 SEBASTIAN CODE municipal golf course and its premises. The affairs of the golf course shall be managed by an administrative department head whose title shall be the golf course manager. Such office shall be occupied by a person appointed by the city manager and shall have such duties and powers as are from time to time prescribed by the city council by resolution. (Code 1980, 12.5 -1) Sec. 74 -32. Manager; duties. The affairs of the golf course shall be managed by the course manager, who shall generally be supervised by the city manager. The course manager shall, however, have general supervisory responsibility over the operations of the golf course, including promotion, supervision, and discipline of the staff. (Code 1980, 12.5 -2) Cross reference— Officers and employees, 2 -56 et seq. Sec. 74 -33. Rates. Golf course rates shall be established by the city council by resolution after one public hearing thereon. Modifications of such rates shall require a resolution of the city council after one public hearing thereon each time any such rates are modified. (Code 1980, 12.5 -3) Sec. 74 -34. Operating fund. (a) There is hereby created the municipal golf course operating fund which shall be composed of all funds received for the construction and from the operation of the municipal golf course and related facilities from whatever sources. (b) All moneys received and expended shall be maintained by the finance director in a separate and distinct fund from all other city funds. However, such funds may be invested in the local government surplus trust fund, as established by Florida law, or such other prudent investments as otherwise provided by law or ordinance. (Code 1980, 12.5 -6) Cross reference Finance, 2 -86 et seq. Sec. 74 -35. Vehicle restrictions. No person shall ride, drive or park any motor vehicle except golf carts on the municipal golf course or greens. Other vehicles are permitted on the roads and parking areas at the golf course except as may be prohibited by signs. (Code 1980, 26 -8) Cross reference Traffic and vehicles, ch. 98. Secs. 74- 36- 74 -49. Reserved. Supp. No. 29 CD74:8 RESOLUTION NO. R -02 -47 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, establishment of a new City Recreation Division and a review of recreational facility permit fees and administrative procedures by City staff has resulted in a need for amendment to certain provisions and fees; and WHEREAS, City Council concurs with staff recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. CLASSIFICATION OF RECREATIONAL FACILITY. In accordance with Section 74 -2, the following classifications are designated: Recreational Facility Community Center Yacht Club Barber Street Sports Complex (includes Skateboard Park) Schumann Park Riverview Park Complex Easy Street Park Blossom Park Hardee Park Garden Club Park Indian River Drive Boardwalk Yacht Club Pier Main Street Pier Parking Area Rotary Club Pier Classification Enclosed Public -Use Facility Enclosed Public -Use Facility Open Air Public -Use Facility Open Air Public -Use Facility Park Area Park Area Park Area Park Area Park Area Waterway Facility Waterway Facility Waterway Facility Waterway Facility 22 PARK EVENT PERMIT Section 2. APPLICATION. CONDITIONS AND FEES FOR PARK EVENT PERMIT as 300 Participants). In accordance with Section 74 -6, the following conditions apply to application for a Park Event Permit: A. Application. Applications for Park Event permits shall be submitted to the Parks and Recreation Supervisor, on a form promulgated by the City Manager, along with a $50 application/permit fee. The application shall list the name and address of the permittee and the purpose of the event. B. Conditions. Applicants shall meet with the City Manager to discuss: a. Provisions for traffic and parking, solid waste collection and removal, sanitary facilities, and security, if it is anticipated that a Park Event will by its nature impact the use of the subject Recreation Facility by the public generally, and will have other implications for the public health, safety and welfare. b. Need for and method of reimbursement if City resources are needed to adequately protect the public interest. C. City Manager Approval. The City Manager shall approve the permit if it he has determined that said Event will not adversely affect the interest of the public, and has worked out an agreement goveming mitigation measures, and financial responsibility therefor, of the public welfare issues raised by the Event. D. Permit. Permits shall be issued by the City Manager and may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply to Park Event Permits. 2 SPECIAL EVENT PERMIT Section 3. APPLICATION. CONDITIONS AND FEES FOR SPECIAL EVENT PERMIT (more than 300 participants). In accordance with Section 74 -7, the following conditions apply to application for a Special Event: A. Application. Applications for Special Event permits shall be submitted to the Parks and Recreation Supervisor, on a form promulgated by the City Manager along with a $100 application /permit fee and include the following information: 1. A list of all vendors and others that will participate in said Event and guarantee that they meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions, and duly promulgated rules and regulations governing use of the subject facility. 2. A schematic of any structure to be erected or otherwise assembled as part of the Event. B. Conditions. Applicants shall meet with the City Manager to discuss: 1. Provisions made for traffic and parking, solid waste collection and removal, sanitary facilities, and security, if it is anticipated that a Special Event will by its nature impact the use of the subject Recreation Facility by the public generally, and will have other implications for the public health, safety and welfare. 2. Method of reimbursement if City resources are needed to adequately protect the public interest. C. Council Approval. The City Manager shall forward the permit application to the City Council with his recommendation as to whether said Event is in the best interests of the public, and if necessary, submit a proposed agreement governing mitigation measures, and financial responsibility therefor, of the public welfare issues raised by the Event. D. Permit. Permits shall be issued following approval of the City Council and may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. ENCLOSED PUBLIC -USE FACILITY PERMIT Section 4. APPLICATION, CONDITIONS, AND FEES FOR ENCLOSED PUBLIC USE FACILITY PERMIT. In addition to those provisions set out in the Code of Ordinances, the City Council hereby adopts the following rules, regulations and fees for the use of enclosed public use facilities (the Sebastian Community Center and the Sebastian Yacht Club): A. An application for a permit for an enclosed public -use facility must be submitted on a form, promulgated by the City Manager, to the Parks and Recreation Supervisor, along with the security deposit fee as set out in this Resolution. The application must be received at least two weeks prior to the date of the requested use, however, an application for a permit requiring City Council approval must be received at least two weeks before the next Regular City Council meeting date which is prior to the date of the requested use B. In accordance with the Code of Ordinances, in the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Manager shall not issue a use permit until directed to do so by the City Council. In the event that gambling activity is to be a part of the permitted use, the City Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. No alcoholic beverages of any type may be brought on to the premises, dispensed, or otherwise consumed without prior authorization of the City Council. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further a commercial purpose. C. The City Manager, or his designee, shall issue a use permit upon a determination that the requested use is permissible pursuant to this Resolution and upon payment of the appropriate rental fee as set out in this Resolution. It is the policy of the City of Sebastian that no waivers of the rental or security deposit will be permitted, except as otherwise provided for in this Resolution. D. A use permit for a group composed of minors shall be issued only to an adult who accepts the total responsibility for the supervision of each minor throughout the period covered by the permit. E. The applicant shall disclose the nature of the proposed activity and the anticipated need for extra work by City personnel. If it is determined that the permittee will cause extra work by City personnel as a result of the proposed use, an additional fee shall be charged in order to fully recoup such cost. F. No decoration of any type shall be permitted without prior approval. Any decoration utilized must be removed by the permittee. G. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from the facility. 4 H. The permittee shall bear the responsibility for the control of the lights, thermostats (specifically turning off after events), and other equipment in the facility. Further, the permittee shall bear responsibility for the unlocking and subsequent securing of the doors of the facility. In the event that an applicant anticipates any special needs with regard to heating, air conditioning, or lighting, he shall disclose the details of such necessities at the time of application. I. The permittee is solely responsible and answerable to the City for damages and to any injured person for any and all accidents or injuries to persons or properties resulting from the use of the facility during the permitted period. The permittee shall ensure that the facility is left in the same condition as it was in prior to the permitted use. Any facility equipment utilized must be replaced in the facility's storage room after use. J. Use permits are not transferable. K. The permittee for any function at which 76 or more attendees are anticipated, shall be required to hire one or more Sebastian Police Officers to attend the function for security purposes at the rate established by the City Manager for City officers hired for private duty, unless waived by City Council. The ratio of the number of attendees to required officers is attached hereto as Exhibit "A Verification of the agreement with the Sebastian Police Department shall be obtained by the Parks and Recreation Supervisor prior to issuing a key to the permittee. If the Police Department verifies that a sufficient number of School Resource Officers will be used to handle security for a teen dance /function, hiring of police officers is not required. Private duty police officers shall be available for groups of any size if requested by the permittee. L. A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompany each application for use of the Community Center and Yacht Club. This deposit is refundable if a facility is left in a clean and undamaged condition by the permittee. In the event that the City, in its sole discretion, determines that cleaning or repairs are necessary after the permitted use, the deposit shall be forfeited. In the event that cleaning or repairs are not necessary, the City Clerk shall refund the deposit to the permittee within two (2) weeks after the completion of the permitted use. Rates for Community Center and Yacht Club are as follows: Public Use Facility Community Center Resident Rates Four (4) hr flat rate 150.00 Each Additional hr 25.00 Yacht Club Four (4) hr flat rate 75.00 Each Additional hr 15.00 Non Resident Rates Four (4) hr flat rate 225.00 Each Additional hr 37.50 Four (4) hr flat rate 110.00 Each Additional hr 20.00 Exemption from Rates: The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetings per month at the Yacht Club based on a prior agreement with General Development Corporation relative to this facility. Not- for profit Organizations: In the event that the applicant is a school, church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for ATT Sally A. Ma' City Clerk (SEAL) use of the Sebastian Community Center or the Sebastian Yacht Club shall be one -half (1/2) the regular rate. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. Section 5. repealed. Maj cher Section 6. The foregoing Resolution was moved for adoption by Councilmember Barczyk The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: The Mayor thereupon declared the Resolution dully passed and adopted this 23 r dday of October 2002. Approved as to form and legality for reli ty of Sebastian only: Rich Stringer, City Mayor Walter Barnes Vice Mayor James Hill Councilmember Joe Barczyk Councilmember Ray Coniglio Councilmember Edward Majcher rney All Resolutions or parts of Resolutions in conflict herewith are hereby This Resolution shall become effective immediately upon adoption. aye aye aye aye aye CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor 6 EXHIBIT "A" 1. Adult functions with: •Up to 75 guests No Officer Required 76 to 25D guests 1 Officer Required 251 to 300* guests 2 Officers Required 2. 'High School or Jr. High Dances/Functions with Up to 99 students No Officer Required 100 to 199 students 1 Officer Required 200 to 300* students 2 Officers Required *Maximum Occupancy Limits 8/16/99 Captain Diggs, Fire Inspector of I. R. County 7 Please check the appropriate Box: Time of Use: From: To: Office Use Only: HOME OF PELICAN OSEAND 1225 Main Street, Sebastian, Fl 32958 Telephone (772)589 -5330 Fax (772)589 -5570 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Date: Name of Permittee: Permits May Only be issued in the Name of an Adult or Legally Organized Organization Address.: Mailing Address: Telephone: Name of Organization or Group: Reason for Use: Requested Date(s) Rain Date: Will there be any sale of goods? Yes No If yes, please describe type of goods on back. Food or other types of vendors? Yes No If yes, please list name, address and type of vendors and schematic of any structures to be erected or otherwise assembled on back.' I, the undersigned, acknowledge that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the permit. Perinii Fee Paid Date Initials Park Event 50 to 300 Attendees $50.00 Application/PermitFee PLvcS 1 7b TA.; 4 53,So or Special Event 301 or More Attendees $100.00 Application Fee el..5 1 v TAY Applicant /Agent Signature 1 0"1 00 List any vendor information and /or schematics on this page. '4C0 Park Application Continued If Required NAME ADDRESS TYPE Schematic: OFFICE USE ONLY: Special Conditions of Permit as Requested by City Manager