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HomeMy WebLinkAbout07142010CRY OF sEBAST11AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 14, 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 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. 10.096 A. Proclamation July 2010 Marine Debris Removal Month Captain Donald Voss 5 and Diana Voss 10.105 B. Proclamation July 2010 Parks and Recreation Month Chris McCarthy, Parks 7 Superintendent Brief Announcements 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. 9 -12 A. Approval of Minutes June 23, 2010 Workshop 13 -19 B. Approval of Minutes June 23, 2010 Regular Meeting 10.106 C. Resolution No. R -10 -19 Calling November 2, 2010 General Election (City Clerk 21 -24 Transmittal, R- 10 -19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A GENERAL ELECTION IN THE CITY OF SEBASTIAN FOR NOVEMBER 2, 2009; STATING WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN ACCORDANCE WITH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR 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. 10.001 A. Planning and Zoning Commission 25 -36 Interview Unless Waived and Submit Nomination for One Vacant Alternate Member Position (City Clerk Transmittal, Application, Ad, List) 9. PUBLIC HEARINGS Procedures for public hearings: Mayor opens hearing Attomey reads ordinance or resolution Staff presentation Public Input Staff summation Mayor closes hearing Council action Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record. 10.048 A. Conduct Public Hearing for Transmittal of 2010 Draft Evaluation and Appraisal 37 -38 Report (EAR) to Department of Community Affairs (DCA) (Growth Management Transmittal) (Draft Report Under Separate Cover) 10. UNFINISHED BUSINESS 10.089 A. REVISED RESOLUTION NO. R -10 -15 Park Use Regulations and Fees (City 39 -60 Manager Transmittal, Revised R- 10 -15, Code Chapter 74, 5/26/10 Minutes Excerpt) 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. 10.083 B. Approve 50% Reduction of All Applicable Fees for Craft Club of Sebastian Craft 61 -66 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 10.084 C. Approve 50% Reduction of All Applicable Fees for Sebastian River Art Club's 67 71 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 11. PUBLIC INPUT 12. NEW BUSINESS 10.107 A. Discussion of Flagship Marina Parking (City Manager Transmittal, Draft 73 -82 Agreement, GMD Parking Report) 13. CITY ATTORNEY MATTERS 10.087 A. Pain Clinic Notices (oral report) 2 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A Vice Mayor Hill B Council Member Coy C. Council Member Wolff D. Council Member Wright E. Mayor Gillmor 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: July 28, 2010 Regular Meeting 6:30 pm August 11, 2010 Regular Meeting 6:30 pm August 23, 2010 Budget Workshop 5:30 pm August 25, 2010 Regular Meeting 6:30 pm 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business 1 Public Input Public Input is NOT ALLOWED under the headings: 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 -1 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. 4 WHEREAS, Marine Cleanup Initiative, Inc. has worked tirelessly for nine years to save our wildlife and our waterways; and 'WHEREAS, fishing line, six -pack rings, and other marine debris kills birds, sea turtles, crustaceans, and marine animals. In addition, debris fouls boat propellers and causes engines to overheat; and WHEREAS, scuba divers, boaters, paddlers and others participating in aquatic activities remove nets and fishing line from ship wrecks, reefs, jetties and wherever such debris is spotted; and WHEREAS, everyone participating in aquatic activities is asked to look for and remove fishing line, nets, packing bands, six -pack rings and all other debris that is hazardous to marine and other wildlife; and WHEREAS, municipalities and counties provide support when possible by hauling collected debris to appropriate locations; recycling fishing line and other debris when possible or securing it in bags so that birds will not use it for nesting; and WHEREAS, ropes, nets and large debris can be dragged up and beyond the ocean and gulf tide line until permanent removal; NOW THEREFORE, I, Richard H. Gillmor, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby proclaim the month of July 2010, as "Marine Debris Removal Month" Richard H. Gillmor, Mayor JO, Q7 and encourage the citizens of Florida to participate with debris removal along our shores. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 14th day of July 2010. HOME OF PELICAN ISLAND "July 2010 Parks and Recreation Month" WHEREAS, public parks and lands provide for the critical "green" infrastructure that collectively enhance both community spaces and wild places making the great State of Florida the best place to live in the country; WHEREAS, parks and recreation programs, tournaments and events boost the economy, enhance property values, attract new business, increase tourism, and reduce crime; and WHEREAS, opportunity for recreation builds family unity, strengthens neighborhood involvement, provides for social interaction, enhances education, develops creativity, and promotes cultural diversity; and WHEREAS, participation in recreation and outdoor activities provides education and therapy for stress relief, improved health and are essential to the rehabilitation of individuals who have been ill or disabled; and 'WHEREAS, Sebastian recognizes the benefits derived from quality public and private parks and natural land resources at the local and regional level; and WHEREAS, the National Recreation and Park Association and the Florida Recreation and Park Association has designated July as Parks and Recreation Month; NOW THEREFORE, I, Richard H. Gillmor, Mayor of the City of Sebastian do hereby proclaim the month of July 2010, as "Parks and Recreation Month" and encourage the citizens of Florida to enjoy using the parks, trails, programs, and special places that enhance the quality of life of our community IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 14th day of July 2010. Ir Richard H. Gillmor, Mayor City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Don Wright Absent: Council Member Eugene Wolff CTN OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES WORKSHOP WEDNESDAY, JUNE 23, 2010 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Workshop to order at 5:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart MIS Senior Systems Analyst, Barbara Brooke -Reese MIS Systems Analyst, Robb Messersmith City Council Workshop June 23, 2010 Page Two 4. WORKSHOP ITEM 10.103 A. Paperless Agenda Packets 3 -9 i Discuss Pros and Cons of Various Methods (Clerk/MIS List) The City Clerk gave a brief presentation on using PDF agenda packets in an effort to go paperless for those who wish to, and explained various hardware systems that could be utilized to view the packets at home and at meetings. She reiterated staff recommendation that Council utilize City provided hardware to provide ease of uploading software and ability to download public records stored on the hardware, though she stated it is just a recommendation and staff would provide whatever hardware each member requested within reason subject to available funds in the current budget. She said the City Attorney would give a brief update on electronic records law, and then staff would assist Council with viewing the hardware setups at the dais prepared by MIS staff. She asked that Council discuss and provide some direction to staff following the demonstration, and in keeping with that direction staff will attempt to make it ready for the July 14 agenda. 11 -43 ii. City Attorney Brief Update on Electronic Records Issues E -Mail, Text, Social Networks (State Electronic Recordkeepinq Strategic Plan, City Internet/E -Mail Policy, City of Venice Documents, AGO) 5:13 pm The City Attorney gave a brief update on electronic records law. He said public meetings have to be in compliance with the law, and though laws haven't changed, the way we communicate has changed, and technology has really out scripted with how laws apply to us. He said there have been all kinds of laws and opinions determined and he provided copies of information he received at a conference. (attached) He said he didn't want anyone to inadvertently violate the sunshine law by pressing the delete button. He said the Sunshine Law applies in very strange ways and gave a recent example where a judge became "friends" with someone on facebook and discussed a case with litigants. He said in addition to state law; there are federal laws, in particular the Digital Millennium Copyright Act, Communications Decency Act, Rights of Privacy, Communications Act, and the Americans with Disability Act which obligates the City to provide electronic information to those who don't have computers. He asked Council to keep in mind it is possible to trip themselves up with the simple use of technology and to be aware the laws prohibit things that people like to do everyday like e- mailing one another. He cited the Attorney General Opinion identifying public records which he had previously distributed and closed with saying that depending on the route Council decides to go, he would advise them further. City Council Workshop June 23, 2010 Page Three Mr. Wright said he planned to view the agenda packet electronically and make private comments within the file or he could make written comments but since he isn't transmitting the comments to anyone, he asked if he would be violating any sunshine laws. The City Attorney said as an example, if he made notes on things he wanted to change, had car trouble on his way to the meeting, and forwarded the changes to the Mayor so he could request the changes for him, that would not be acceptable. Mr. Wright said he would relay his changes to the City Manager. The City Attorney said moving the files around so easily to other people is what concerns him. Mr. Hill suggested having the City Attorney meet individually with Council Members. Ms. Coy cautioned that anything written down becomes a public record. Mayor Gillmor said he liked the storage capabilities of a netbook or flash drive. iii. View and Test Various Methods at Dais w /Assistance of MIS Staff Laptop, CPU and Netbook Mr. Wright demonstrated the fixed CPU that had been installed at his seat with a switch to toggle between viewing the meeting and viewing the agenda packet PDF. He said he preferred to use this method and suggested members can download their packets from home with comments to a flash drive and then load it up at the meeting. He said the flash drives can also be provided to the City Clerk for public records requests. Mr. Messersmith outlined the cost for a CPU under the dais would be $50 -100 each for the switch, $10 -15 for the flash drives, and the City already has five used CPU's. Mr. Hill said he would prefer to use his own laptop; he has collected a month of packets on his laptop and provides them to the City Clerk monthly with his personal notes. He displayed his laptop to the other Council Members and suggested all of them use the same software format. iv. Council Guidance to Staff The City Clerk stated she does have monies available for individual laptops if that is what is chosen; which would be City property and supplied to them during their terms. Approved at the July 14 regular City Council meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk City Council Workshop June 23, 2010 Page Four She noted the definition of a public record is any written communication that conveys information by a public official and said she would look to the City Attorney for advice. Ms. Reese said it would be possible to supply the software program PDF Exchange to each member. The City Clerk asked that each Council Member inform her or the MIS Department of their preference and they would try to have it available for them at the July 14 meeting. Damien Gilliams, 1623 US Hwy 1, said the debate sounded sinful that Council would make notes and people would make a public records request which shouldn't matter because what they are doing is in the best interest of the community. He asked if anyone checked into what the other cities are doing. The City Clerk said she had. 5. Being no further business, Mayor Gillmor adjourned the workshop at 5:52 p.m. City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright 5. AGENDA MODIFICATIONS None. «v or HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 23, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:40 p.m. 2. Rev. Richard Jones, Sebastian United Methodist Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Administrative Services Director, Deb Krueger Building Director, Wayne Eseltine Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris Police Captain, Mike Beyer Public Works Director, Jerry Converse MIS Systems Analyst, Rob Messersmith 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 Plaque Employee of the 1 Quarter Susan Lorusso Mayor Gillmor read Ms. Lorusso's plaque and presented it to her with a savings bond. 10.096 B. Proclamation Treasure Coast Waterway Cleanup Week Week of July 19 Mayor Gillmor read the proclamation and presented it to Steve Haigis, President, Marine Industries Association of the Treasure Coast who invited interested citizens to meet at, the Main Street boat ramp on July 19 to assist with the clean up efforts. Regular City Council Meeting June 23, 2010 Page Two 10.097 C. Presentation of Plaque Letter to Blue Ribbon Boarding and Grooming "Yappy Hour" Fundraiser for Local Police Doq Ballistic Vests and Related Equipment Mayor Gillmor read a letter of gratitude to Martin Lavender, Owner, Blue Ribbon Boarding and Grooming and along with Sebastian Officers Cole and Antosia with their K9's Yoda and Armor, presented him with a plaque. 10.098 D. Presentation and Update on Deepwater Gulf Oil Issue Martin Smithson, Administrator, Sebastian Inlet District Beth Mitchell, Commissioner, Sebastian Inlet District, explained the chain of command for the inlet, who keeps in touch regarding the status of the oil spill. Martin Smithson, Administrator, presented a PowerPoint (see attached), stated the oil spill is the largest catastrophic environmental event in nation's history that will last decades and it is difficult to make statements on the status when problems are so severe. He said the District has held task force meetings with the Brevard County Emergency Management Office, the Indian River County Emergency Management Office, and the Florida Wildlife Conservation which has vessels and airplanes watching for the oil sheen. He said the oil's dense molecules will coagulate and in time come to our area as non- toxic tar balls; and with NOAH's assistance, they have identified that the south side of the jetty and in the nooks and crannies along the shoreline is where the debris might collect. He said the sargassum weed might carry some in but the tide will take it right back out. Ms. Mitchell said Visit Florida has set aside $11M for an overall marketing plan for the entire state including a website called Florida Live, which are state -wide live webcams to show people what is happening on the beaches, one being at Sebastian Inlet. She said they are also inviting citizens to submit beach photos for their website. Brief Announcements Ms. Coy invited the public to the Little League District playoffs to be held Saturday, 9:30 a.m. in Sebastian. 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. A. Approval of Minutes June 9, 2010 Regular Meeting 10.099 B. Waiver Bid and Authorize Staff to Negotiate One Year Contract Renewal with Florida League of Cities for Property, Casualty, Liability Workers' Compensation Insurance Renewal (Administrative Services Transmittal, FLC E -Mail, Preliminary Renewal Savings Table) Mayor Gillmor pulled item B. 2 Regular City Council Meeting June 23, 2010 Page Three MOTION by Mr. Hill and SECOND by Ms. Coy to approve item A passed with a voice vote of 5 -0. Item B Damien Gilliams, 1623 US Hwy 1, said he had asked the Mayor to pull this item, the property, casualty, liability, and workers' compensation insurance should have been bid out to try to receive a savings noting the City will receive $28,789 kickback if the coverage is renewed. The Administrative Services Director explained the City went out to RFP for FY06, '07, and '08 and received bids and great service from FLC and in 2008, they asked to renew with a reduction of $82,000. She noted staff has been reduced, proactively reducing workers compensation claims and the $28,789 is called a dividend. Mr. Wright said the FLC claims department works closely with City staff and found the losses which have been substantially reduced. He said he has worked 30 years in the property casualty business and finds this a very good proposal and it would be waste of time to take it out to bid. Dale Simchick, 766 Easy Street, cautioned Council to check with the City Attorney to see if the insurance should have gone out to bid. MOTION by Mr. Hill and SECOND by Ms. Coy to authorize staff to negotiate contract renewals with the Florida League of Cities for Property, Casualty, Liability Workers' Compensation Insurance. In response to Mr. Wolff, the City Manager said we do not have an advocate for this insurance as it will increase the cost. The City Attorney said we are in compliance with Florida Statutes, the Charter and Code; that the City has the right to go out to bid for this insurance but it was not required and there was not a dollar amount to trigger bidding for this as there are in other areas. Result of the roll call vote: AYES: Coy, Wolff, Wright, Gillmor, Hill NAYS: 0 Motion carried. 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. Ms. Coy said the Economic Development Committee met and recommended tax abatement referendum wording which includes job creation, for the County Commission's referendum. She suggested assisting the County in educating the public. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None CYD,0 Regular City Council Meeting June 23, 2010 Page Four 12. NEW BUSINESS Public 11. PUBLIC INPUT Damien Gilliams, 1623 US Hwy 1, said he still has $1,000 available to assist underprivileged kids to play golf and gave his phone number for further information. He also said that he missed the Airport fuel discussion at the last meeting, and asked why the City isn't putting the fuel facility out to bid. Mr. Gilliams also asked Council to set a good example and use their expense accounts to pay for the Florida League of Cities conference. Dale Simchick, 766 Easy Street, commended the City on the kiosks. She said a couple of Councils ago, the Council decided to go into the municipal fuel business at the Airport and when she served on Council, a proposed Airport tenant requested to take over the fuel operation but it was denied. She said at the last meeting Council should have first voted on giving away the fuel operation and then granting the lease. She suggested they read the 2009 Airport Compliance Update 5190.6b. 10.100 A. Award Employee Group Health to Blue Cross /Blue Shield of Florida Inc. Dental, Life, and Long Term Disability to Florida Combined Life Group Vision to Humana Employee Assistance Program to MH Net (Admin Services Transmittal, RFP Analysis, RFP) Christian Bergstrom, Director of Analytical Services, Gehring Group, said it was decided to go out to bid for the entire employee package, reviewed the responses with staff, and said he had negotiated a savings with the Blue Cross Blue Shield Alternate Three plan. MOTION by Mayor Gillmor and SECOND by Mr. Hill to approve the insurance services as recommended by staff. In response to Mr. Wright, the City Manager said the collective bargaining agreement only requests coverage, not a certain plan. Damien Gilliams, 1623 US Hwy 1, asked what the Gehring Group's fee was. The City Manager said it was 2% of the premium. Mr. Gilliams suggested bidding out the consultant, and said employee out of pocket has increased, and they are getting Tess money. Mayor Gillmor said the total out of pocket hasn't changed. Mr. Gilliams responded it's the principle, and suggested putting the broker out to bid. In response to Mr. Wolff, the City Manager said the term was for 14 months as they started the process earlier. Mr. Wolff asked Mr. Bergstrom if he anticipated the national healthcare legislation making health care more favorable for the employees. Mr. Bergstrom said beginning October 1, lifetime benefits will be removed, there will be no co -pay for preventive care visits, there is dependent coverage till 26, and there is no pre- existing condition for children under 19. 4 Regular City Council Meeting June 23, 2010 Page Five Result of the roll call vote: AYES: Wolff, Wright, Gillmor, Hill, Coy NAYS: 0 Motion carried. 10.101 B. Old School House /City Hall Use Agreement Retired Seniors Volunteer Program (City Manager Transmittal, Agreement) The City Manager said the Retired Seniors Volunteer Program requested 100 square feet for their north County operations and staff recommended the old Finance offices in the school house for $500, the cost of utilities. MOTION by Mr. Hill and SECOND by Ms. Coy to grant the City Manager the authority to execute a use agreement between the program and the City. Sarah Bumgardner, Director, Retired Senior Volunteer Program, thanked City Council on behalf of the program. Mr. Wolff asked how the $500 will impact their budget. Ms. Bumgardner said they had just received funds from the Edward Kennedy Service Act so they would not be impacted at all. Damien Gilliams, 1623 US Hwy 1, said this is great and asked if the $500 could be waived. Mr. Wolff pointed out that he questioned if the organization would be impacted and they said they would not. Result of the roll call vote: AYES: Wright, Gillmor, Hill, Coy, Wolff NAYS: 0 Motion carried. 10.092 C. Florida League of Cities Conference Issues (City Clerk Transmittal, FLC Letter and Forms) i. Select Voting Delegate for FLC Conference Ms. Coy nominated Mayor Gillmor and being no other nominations; he was appointed the voting delegate. ii. Consider Any Resolutions Council Wishes to Propose to FLC Membership for Consideration at Conference Re: Commemorative, Constitutional or Federal Issues Council did not have any resolutions to submit. Mr. Hill said he would sit with the resolutions committee on the Thursday prior to the conference to go over submitted resolutions. 5 Regular City Council Meeting June 23, 2010 Page Six 13. CITY ATTORNEY MATTERS 10.102 A. Report on Legislative Issues Re: Council's Ability to Take a Stance on Ballot Issues (Florida Department of State Opinion DE10 -07) 8:00 pm The City Attorney said he wanted Council to see the Department of State's opinion in regard to ballot issues noting the Legislature split the prohibition in two and public monies could now be spent for issues on the ballot. He noted the Federal Court has enjoined the enforcement of those restrictions in any event by entering a permanent injunction from State officials enforcing them. He advised they may wish to consider the upcoming ballot issues with Amendment 4 being the most controversial issue. 10.103 B. Litigation Update (Memo) The City Attorney reported the City has resolved most of the cases that were active on his last report and there is one active case with a former police officer that will be replaced with a State lawsuit. Mr. Wolff asked on Item A, if something is legal, is it necessarily ethical. The City Attorney said no, ethics and the law —in theory— should be partners and the best laws are ethical, but there is a divergence many times. He said when the legislature prohibited the spending of public monies on an issue it seemed unbalanced and as the elected officials, they should be able to explain where they stand on things, especially with the Supreme Court saying corporations can be treated as individuals for election purposes. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS 10.024 A. Charter Officer Evaluations (Transmittal, R- 10 -05) Ms. Coy said she turned in the evaluations and thanked staff for their work. Mr. Wright said he is very satisfied with the Charter Officers' work, he is not recommending raises due to budgetary restraints and he did not write these up but he continues to work with the City Manager on specific objectives. Mr. Hill said he met with the officers and turned in the evaluations. Mr. Wolff said he handed in written evaluations, and did not recommend an increase. 6 Regular City Council Meeting June 23, 2010 Page Seven Richard H. Gillmor, Mayor ATTEST: Mayor Gillmor said he also handed in evaluations and did recommend increases for the Manager and Clerk and he noted the City is in a budget crisis but in any business, executives are compensated even in down times. He said the City is blessed to have the charter officers to help run the City. B. Mayor Gillmor Sally A. Maio, MMC City Clerk Mayor Gillmor said there is a Florida Boating Improvement Grant available and suggested applying for a finger pier at the Main Street boat ramp which would be a benefit to boaters. Mr. Hill said he would be happy to consider it. Mr. Wright said he would like to reinitiate discussion on mooring field to enhance the CRA district with possible funding from recreation impact fees. There appeared to be general consensus to proceed. In response to Mr. Wolff, Mayor Gillmor said there is $300,000 available statewide but the Yacht Club finger pier cost was $10- 15,000. There appeared to be general consensus to proceed. C. Vice Mayor Hill none D. Council Member Coy none E. Council Member Wolff none F. Council Member Wright Mr. Wright said this past week the leaf spring broke on his boat trailer and he went to the Alpha Hardware on Cleveland Street and for two days they provided excellent advice on how to fix his trailer. He gave kudos to Dave Humphrey and John Devoe and highly recommended them to anyone that might need hardware for their boat or home. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:19 p.m. Approved at the July 14 2010 Regular City Council meeting. Resolution No. R -10 -19 Calling November 2, 2010 General Election City Manager City Attorney: Expenditure Required: I9OME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: AGENDA NO: 10 f O(© DEPT. ORIGIN: City Clerk 9 DATE SUBMITTED: 6/30/10 MEETING DATE: 7/14/10 APPROVED FO S ITTAL: EXHIBITS: Resolution R 09 19 Estimate 8,000 Amount Budgeted: FY 11 Not Yet Adopted Appropriation Required: N/A Costs estimated to be charged at .50 per registered voter per Supervisor of Elections for Indian River County. SUMMARY STATEMENT Provisions of the City Charter require specific actions of the City Council in regard to the general election conducted each year in the City of Sebastian. Charter Section 4.07 requires City Council to adopt a resolution stating where the election will be held, offices to be filled and questions to be decided. Section 4.07 also provides for the City Council to authorize the City Clerk to advertise the election in accordance with Florida Law. The resolution also contains a provision authorizing the Supervisor of Elections to administer the election and approves payment furred Florida Statutes 100.021 requires advertisement twice in the thirty -day period prior to the beginning of qualifying. By Charter Section 4.02, the City's qualifying period runs from August 19, 2010 through September 3, 2010 (no more than 75 nor less than 60 days prior to the election). Following adoption of this resolution, ads will run on July 23 and August 6, 2010. In accordance with the Charter, since Indian River County is conducting an election on November 2, 2010, the Indian River County Canvassing Board will canvass this year's election. RECOMMENDATION Move to adopt Resolution No. R -09 -19 calling the November 2, 2010 City of Sebastian General Election, designating polling places, offices to be filled, directing ads to be noticed, authorizing the Supervisor of Elections to administer the election relative to voting, voting methods and canvassing and approve payment for SOE expenses. RESOLUTION NO. R -10 -19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A GENERAL ELECTION IN THE CITY OF SEBASTIAN FOR NOVEMBER 2, 2009; STATING WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN ACCORDANCE WITH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 2.03 of the Charter of the City of Sebastian, Florida, a General Election is held in the City of Sebastian on the first Tuesday following the first Monday in November of each even numbered year for election of two (2) council members and of each odd numbered year for election of three (3) council members; and WHEREAS, in accordance with Section 4.07 of the Charter of the City of Sebastian, Florida, the City Council in conjunction with the City Clerk shall make all necessary arrangements for all City elections and declare the results thereof, including the adoption of a resolution calling any such election, stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law; and WHEREAS, in accordance with Section 4.08 of the Charter of the City of Sebastian, Florida, since the City is conducting its election as a part of the election for Indian River County, the Canvassing Board for Indian River County as designated by State Statutes, will canvass the City's returns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: ON7The City Council of the City of Sebastian, hereby calls a General Election to be held in the City of Sebastian on Tuesday, November 2, 2010. Section 2. POLLING PLACES. The November 2, 2010 General Election shall be held at Indian River County Precincts 103, 104, 105, 106, 107, 109, 201, 203 and 204 with locations as designated by the Indian River County Supervisor of Elections and are subject to change. Section 3. OFFICES TO BE FILLED. The two (2) council member positions expiring in November 2010, shall be filled at said General Election for two (2) year terms. Section 4. NOTICE. The City Clerk is hereby directed to cause notice of this election to be published in accordance with Florida Law. Section 5. ADMINISTRATION. City Council hereby requests that the Indian River County Supervisor of Elections administer said election in matters relating to registration of Z3 electors and voting methods and procedures and Canvassing as set out in Section 4.08 of the City Charter and in accordance with Florida law, and hereby delegates the conduct of such election to said officer and further authorizes payment to the Supervisor of Elections to reimburse the costs thereof. All other matters relating to candidate qualifying and advertising will be administered by the City Clerk for the November 2, 2010 General Election in accordance with Section 4.08 of the City Charter. Section 6. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 7. EFFECTIVE DATE. This Resolution shall take effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill Councilmember Andrea S. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Resolution duly passed and adopted this 14 day of July, 2010. ATTEST: CITY OF SEBASTIAN, FLORIDA Richard H. Gillmor, Mayor Approved as to Form and Content for Sally A. Maio, MMC Reliance by the City of Sebastian Only: City Clerk Robert A. Ginsburg, City Attorney 2 a'ycf SEBASTIAN HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 Subject: Unexpired Alternate Position on the Planning Zoning Commission Ap ro for Submittal by: J i it. Member Agenda No: Department Origin: City Attorney: For Agenda of: /O 0 0 1 City Clerk's Office ,J %f 7/14/10 Cit a ager Exhibits: application, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: Mr. Neuberger resigned approximately four months and current Construction If appointed, Mr. Reyes City Council has the ability and add an additional three past when there was only Interview, unless waived position, term to expire November OR Interview, unless waived Position and add an additional SUMMARY STATEMENT in May leaving has been advertised the only interested applicant. from the Construction Board. four months on the term so. This has been done in the term vacancy. unexpired alternate member unexpired alternate member November 1, 2013. from the Planning and Zoning Commission left of his term vacant. The position Board Member David Reyes is acknowledges that he must resign to appoint someone to the remaining year term if it chooses to do a shorftime It in an unexpired RECOMMENDED ACTION and submit nomination to fill the 1, 2010. and submit nomination to fill the three years, term to expire NA ..�3g c o,J, 8 �S HOME ADDRESS: L i 5S Qc c. eA HOME PHONE: 1 HOME FAX: E -MAIL: cVf-c \ies BUSINESS: k e_ r e.� BUSINESS ADDRESS: 7 r \I 7 \1 c...r <L,s04... So I l-¢. \®c) CaC) ;'D BUSINESS PHONE: w -bS9, IIN BUSINESS FAX: 5o, t 9, O t MAIL: A rcte5 0 tvii Wtf‘, ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? U0 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) 3 CONSTRU- e e e e •e a HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) 1' E PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* 2. PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable)'r�nsa fir o n cAeiv`0or' (WRITE M COMMITTEE NAME) Filing of financial disclosure is required following appointment HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) l24 1--ce—Ct ‘a I cam. 's, C. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? armod/ o,-•. r•- /a..`-%Park4r;.o fin I ,ra,cc.k gun 1 h -G1.� b -cy w o r \J `i k rt. -,-5 S e t. L `a 0- t c i LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: 3 'C (t OM g e O r o ,sue r Cs S 4 —c.. c- IA -e. a fr--‘ �,/i. k_ f.4iS ,J HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? J c HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? r CI WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? G.: \,C I hereby certify that 1 am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. 1 have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or committee is available if requested. Subscribed sworn to before me this CX day of who is personally known to me, or has produced as identification. Z O o- 42.4 -c'/ -Og(„ p tate of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 \wp- form\applicat.wpd rev. 7/2007 ,PRY. Wd'. Sally A. Maio VI. Commission DD595269 g;: Expires October 5, 2010 i ii h Bonded Tro fain Into shoe. inn 899 =345.7019 Years of Experience: 17 Years W ith the Firm: 17 Registrations Certifications: 11-.744.11-16 rti c.de AFL an Continuing Education: FITT Irterre:ide V i1c Zre Trdfic CZrtrd Ffre# 216 FEET forte cf Trd c artifiatian Professional Civic Activities: I1,4Iiia; MI:Elias Gap Maims, Ra CbSlim Gap Mate Raider Lad ties Gap Madidicn cbmthty &play Ffaida Sx e)rg f rg 3y Barad arty ape Mite. Raider Sneirg fprg Suety Irdai F arty alder 3IB MILLER`' LEGG David Reyes, CST 111 liar 9.ney &eaialist Professional Experience: Mr. Reyes is an Associate of the firm with significant surveying and mapping experience in Rorida induding consulting to Florida Deportment of Transportation (FDOT) in multiple distrids He has extensive private and public sector project experience induding design, construction engneering inspection (CB), construction, global positioning systems (GPS, geographic information systems (GIST, right -of -way control, right -of -way mapping, design surveys, aid many mixellaieous specific- purpose surveys for FDOT. Mr. Reyes is also proficient with may soft applications specifically used by the FDOT induding Micro&ation, GBOPAK, CAICE, E 3, EFBP, CBS, and Hector the Vector. Having performed fieldwork aid eventually moving to mep preparation aid quality assuranoe/quaity control, Mr. Reyes ha; extensive knowledge of FDOT methods and procedures. In addition, Mr. Reyes has extensive knowledge of digtal terran modeling aid has prepaed numerous digtal terran modeling models used in roadway design and for quantity calculations Relevant Project Experience: Publix at Orange Avenue and .bnkins Due diligence assistance was provided to determine the viability of a new Publix shopping center for this location. In addition to research of the status of proposed and future residential developments in the vicinity, Miller Legg provided boundary aid topographical surveying services for this 21.6+ acre site aid the roadways immediately surrounding the ate. Glades Cut -Off Road and Selvitz Road Intersection The intersection of Glades Cut -Off Road and a4vitz Road is an intersection improvement project loomed in rural a Lucie County, Florida In addition to widening the roadway to indude turn lanes, the project will add sidewalk and bicyde lanes cervices being provided indude roadway design, associated drainage, traffic engneering analysis, traffic signal design to follow FDOT criteria, nitigation analysis aid design, intersection improvements, signaizEtion, pavement making utility adjustment, cost estimeting, permitting, aid coordination with Florida test Coast Ralroad. The vaious agency interests for this project induded the South Florida Water Management District, North Sti nt Lucie River Water Control District, Florida East Coast Railroad, aid mint Lucie County Engneering Florida Department of Transportation (FDOT) Florida Department of Transportation (FDOT) District 4 SR 5 /US 1 Hillsboro Boulevard to SE 5th Street 3R Miller Legg provided la achitecture aid surveying services for this 3R project along a three -mile segment of SR 5/US 1 from Hillsboro Boulevard in Browad County north to 5th Street in Palm Beach County. A desigi survey, induding cross sections of the Hillsboro Cain and US 1, a preliminay right -of -way map, as well as landscape achitecture design were provided. The firm was a subconsultait to R,1 Behar aid Compaiy, Inc. Florida Department of Transportation (FDOT) District 4 SR 15 /Belle Glade 3R SR 17 to North of SR 80 For this four -mile sag of SR 15 from 9R 717 to north of 9R 80 in Belle Glade, Miller Legg is providing both Iaidscape architecture and surveying services induding roadway cross sections, right -of- -way, horizontal and vertical project network control, topogaphic surveys and minor digta terran modeling. In addition to latdscape architecture desigi, we ae also providing irrigation aid hardscape design, as well asconstruction services. Miller Legg is a subconsultait to ABCOM Transportation. Florida Department of Transportation (FDOT) District 4 SR 5/US 1 in Hobe Sound SUE Services- 9absurface Utility Engineering (9JE) services provided indude subsurface utility mapping (horizontal location) within the right -of -way of SR 5 (350 foot section). Utility conflicts were determined in the field by correlating design information to field findings, Miller Legg performed utility test holes at identified conflict areas Utility information included elevation, size, material, depth aid ownership. Florida Department of Transportation (FDOT) District 4 SR 7 /US 441 /Glades Road Survey A six -mile control survey from Glades Road to Atlaitic Avenue in Palm Beach County to re- establish and monument the historic baseline, monument the right -of -way, revise the right -of -war maps to show monuments, new plats and right -of -way, and record the plats Florida Department of Transportation (FDOT) District 4 SR 70 .lknkins Road to SR 5/US 1 SUE Services For this improvement project along SR 70 /.1enkins Road to S2 5/US 1 in 3. Lucie County, Miller Legg has performed surveys including historic baseline of survey and right -of -way lines secondary control points and establish vertical control network, cross sections aid Digtal Terrain Modeling (DTM) for 10 signalized intersections and utility designations Florida Department of Transportation (FDOT) District 4 SR 70 Kings H ighway SUE Services For this improvement project along 9� 70/Kings Highway from Jenkins Road to US 1 in 3. Lucie County, Miller Legg has performed undergound utility desigiationsfor new sigialization at ten intersections 4.iecific survey services provided induded computing and establishing the historic baseline of survey and right -of -way lines for the entire limits, set secondary control points aid established vertical control for al points as well as cross sections at every 500 feet were collected. Florida Department of Transportation (FDOT) District 4 SR 76 /Kanner Highway MP 14.7 to 23.5 For this rural section of roadway west of the Beeline Expressway in Indian River County, Miller Legg provided miscellaieous surveying services induding cross sections and recovery of the historic baseline. Florida Department of Transportation (FDOT) District 4 SR 76 /Kanner Highway MP 9.8 to 12.5 For this rural section of roadway west of the Beeline Expressway in Indian River County, Miller Legg provided misoellaieous surveying services induding cross sections and recovery of the historic Mine. Florida Department of Transportation (FDOT) District 4 SR A1A Roadway Improvement Boynton Beach Inlet/Lake W orth Road This project entailed mulling and resurfacing as well as draina improvements to alleviate roadway flooding on this five -mule segnent in Maelapai and South Palm Beach. Unavoidable m aig impacts and compensatory mitigation were associated with this project. Our responsibilities induded: surveying, landscape architecture, aborist services, wetland delineation, environmental permitting regulatory agency coordination and off-site mitigation design. Certified Arborist and landscape architecture services induded tree removal aid protection, as well as landscape design plans for the Town of South Palm Beads. A full design survey induded topogaphy baseline alignment, primary aid seconday gobs' positioning system (GP5) control, digtal terran modeling, and bridge and dranage surveys, as well as post design construction services Environmental services included mitigating mangrove impacts with the creation of mangoves at Phipps Pak and the use of existing wetland mitigation credits from the FDOTs C -18 project. Miller Legg was a subconsultant to RJ Behar and Company, Inc. Davie Surveying Services- Vaious surveys on a continuing basis for the Town of Davie, induding right -of -way, David Reyes, CSI" III topogaphic, as- built, and boundary surveys Florida Department of Transportation (FDOT) District 5 SR 35/US 301 Miller Legg provided GPSmonumentation for advaiced right of -way surveying and mapping for S2 35/US 301. We were a subconsultant to Lochrane Engineering Riverbend Park Phase One This 850 -acre Palm Beach County Regona Park is located in the Town of .Lpiter. Services provided indude: wetland delineation, tree survey, environmental resource permitting, mitigation assesrnent and design, infrastructure engineering and design, planning, and survey. This project included extensive coordination with the USArmy Corps of Engineers, USRsh and Wildlife Service, National Maine Rsineries Service, US Environmental Protection Agency, So uth Rorida Water Management District, Rorida Department of Environments' Protection, and Palm Beads County Environmental Resources Management. Traditions Golf Course Survey Miller Legg performed overall bounday and topogwhic surveys for this 175 acre property in the Vlkge of Royal Palm Beads, Rorida Lake boundaies were also located, aid soundings were used to determine lake depths From the topogaphic surveys, Miller Legg developed a digtal terrain model which was used for earthwork calculations Environmental services provided for the property included a Phase 1 environmental assessment, a; well as a wetland delineation survey. 3zrvices provided indude boundary survey, topogaphic survey, digtal terran modeling, wetland delineation, and Phase 1 environments' assessment. Lucero Drive Culvert Replacement Sirvey, engineering aid construction period services were required for the replacement of the culvert along Lucero Drive. Miller Legg provided topographic aid control surveying services, subsurface utility engineering, base mapping, preparation of conceptual dvil engineering design. Project management responsibilities included coordination of our subconsultants for geotechnical engineering and structural design. The project included coordination with the City of Fbrt a. Lucie, South Florida Water Management District, and Florida Department of Environmental for expedited construction to be allowed to take place to replace the culvert. Anal design, traffic control plans, permitting and construction observation was performed in conjunction with the Verada Ditch Restoration Project construction. David Reyes, CST" 111 Midway Road/Turnpike East to South 25th Street Surveying For Midway Road, also known as St. Lucie County Road 712, Miller Legg was on the survey tear with Lochraie Engneering, Inc., for this three -mile survey induding right -of -way mapping control, desigi and digtal terrain modeling surveys from the Florida Turnpike east to South 25th greet. HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian is accepting applications for a vacant unexpired Planning Zoning alternate member position. Interested individuals must have resided in Sebastian one year prior to application. This position is set to expire November 1', 2010. 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 ON VVWW.CJTYOFSEBASTIAN.ORO APPLICATIONS WILL BE ACCEPTED UNTIL JUNE 2` 2010. FILLED. Position open on Sebastian Planning Gomng hoard tcpalm.com Applicants must have lived in Sebastian at least one year. Applications will be accepted until June 2. 2010 Scripps Newspaper Group Online Position open on Sebastian Planning Zoning Board SEBASTIAN The City of Sebastian is accepting applications for a vacant Planning Zoning alternate member position that is set to expire Nov. 1. Applications are available 8 a.m. to 4:30 p.m. weekdays in the city clerk's office at City Hall, 1225 Main St., Sebastian or at www.Cityofsebastian.Org. Page 1of http: /www.tcpalm.com/news /2010 /may/ 13 /sebastian- position open -on- planning- zonin... 5/14/2010 MEMBER NAME AND ADDRESS APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST] CURREN T STATUS TERM S COMP LETE D Greg Hepler 1291 Barber Street Sebastian, FL 32958 413 -8768 Took Blais' unexpired regular member position 12/16/09 Appointed Alternate 6/25/08 Term to expire 11/1/2011 Charles Cardinale 474 Thomas Street Sebastian, FL 32958 918 -8629 Reappointed 4/9/08 Took Celli's regular member position on 4/26/06 Term to expire 4/1/2011 Larry Paul Chair 1701 Sunset Lane Sebastian, Florida 32958 LPau12552 @aol.com 388 -0937 Reappointed 5/14/08 Reappointed 5/11/05 Took Blessing's unexpired regular member position 4/28/04 Term to expire 5/1/2011 Keith Srinivasan 1024 Landsdowne Sebastian, FL 32958 KeithSrinivasan @bellsouth.net 532 -0695 Took Mahoney's unexpired regular member position 5/14/08 Term to expire 2/1/2011 William Simmons 509 Drawdy Way Sebastian, FL 32958 589 -9826 Reappointed regular pp re g member position 5/27/09 Took Mr. Smith's unexpired regular member positions 2/22/06 Reappointed alternate member position 1/12/05 Took Seeley's Unexpired Alternate Member Positions 1/28/04 Term to expire 6/1/2012 1 term PLANNING ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH 7:00 P.M. Revised 5 -17 -2010 Joel Roth 1984 E. Lakeview Drive Sebastian, FL 32958 joelroth @msn.com Re- appointed 5/12/10 Took Buchanan's unexpired regular member position 1/27/10 Term to expire 5/1/2013 589 -6894 Ed Dodd Vice Chair 906 Fleming Street Sebastian, FL 32958 eddodd @aol.com 388 -5440 Took Allocco's unexpired regular member position 12/12/07 Term to expire 11/1/2010 Vacant Term to xQi „_,_e 11/1/2010 Domenic Durr 542 Quarry Lane Sebastian, FL 32958 ddomf @hotmail.com (412) 381 -1701 Appointed 12/16/09 Term to expire 1/1/2011 CG Staff Liaison Growth Management Director Revised 5 -17 -2010 Subject: Approval of Draft EAR for transmittal DCA for informal review Ap roe d for Submittal by: to Agenda No. Department Finance: 0, 0448 Origin: G City Attorney: City Clerk: Date Submitted: For: Meeting July 7, 2010 AI'f''nner, City Manager of July 14, 2010 Exhibits: City of Sebastian 2010 Draft Evaluation and Appraisal Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: OTY OF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Every seven years, the Department of Community Affairs (DCA) requires the City to evaluate the effectiveness of the City's Comprehensive Plan. This evaluation is known as the "EAR the Evaluation and Appraisal Report. A draft of the City's Comprehensive Plan EAR has been compiled by our consultant, outlier Planning. The document has •een workshops, scoping meetings, individual interviews, input from City committees, comments from neighboring jurisdictions, data research and map updates. Previously, the City Council established major issues to be addressed in the EAR as follows: Connectivity of arterial /collector roadways alternative transportation modes. Economic development and job creation Balancing sustainable growth with community character Future development and funding of the park and recreation system Annexation and service delivery On July 1, 2010, the Sebastian Local Planning Agency (Planning and Zoning Commission) held a public hearing to review the report and make a recommendation to City Council. Their comments have been incorporated into the attached draft EAR for your review. Please review the draft EAR and conduct a public hearing. The draft EAR will then be transmitted to the Department of Community Affairs for review. Following receipt of their comments, the EAR will be modified, again reviewed by the Local Planning Agency for a recommendation, and presented to the City Council for adoption. RECOMMENDATION Conduct a public hearing on the draft EAR, and authorize staff to transmit the draft to the Department Community Affairs for review. HOME Of PWCP.N ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Revise Resolution R -10 -15 Park Use Re ul. ions City nager Agenda No: O City Attorney: .4 Date Submitted: For Agenda of: C2 Exhibits: Revised R- 10 -15, Code Chapter 74, 5/26/10 Minutes Excerpt SUMMARY STATEMENT City Council, at its May 26, 2010 Regular Meeting, considered Resolution R- 10 -15. The resolution would have amended Resolution No. R- 02 -47, park use regulations. Adoption of a resolution to designate the classifications and fees for recreational facilities in the City, and to establish fees and conditions for special event permits, is required by Section 74 -2 and 74 -7 of the Code of Ordinances. Following discussion, City Council passed a motion to send R -10 -15 to the Parks and Recreation Committee for a recommendation, but in the motion, Council approved the rate increases set out in the resolution effective immediately. Parks and Recreation Committee met on June 28 to consider R- 10 -15. The Committee's motions were as follows: MOTION by Chairman White and SECOND by Mr. Simpson putting in the wording that a park event permit that is denied by the City Manager can be appealed to the City Council was approved with a voice vote of 4 to 0. MOTION by Mr. Simpson and SECOND by Mr. Tenerowicz to forward R -10 -15 as amended to the City Council and recommend their approval was approved with a voice vote of 4 of 0. Revised Resolution R -10 -15 includes: rate increases that Council agreed to on May 26th, updated list of City recreational facilities as required by Section 74 -3 of the Code, requirement for police officer(s) for park events for which 151 -300 (1 officer) or over 301 (2 officers) attendees are anticipated, and Parks and Recreation Committee recommended appeal provision. RECOMMENDED ACTION Staff recommends approval of Resolution No. R -10 -15 as revised. rtt 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/Soulheast 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. ICATION Enclosed Public -Use Facility Enclosed 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 Wale wa'y Facibty Waterway Facility Waterway Facility Waterway Facility Wa rway Facility Waterway Facility PERMIT RE 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 Dark event, special event or facility use permit(s) is prohibited, without the approval of City Council. 4t PARK EVENT PERMIT SECTION 2. APPLICATION, CONDITIONS AND FEES FOR PARK EVENT PERMIT (75 300 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 $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 form promulgated by the City Manager, along with a $50 applicationlpermit 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, and security, if it is anticipated ite naturc 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. 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. In the event the City Manager denies the permit, the applicant may appeal the determination to the City Council. 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 Sebastian Police Officer 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 between 151 300 attendees anticipated, it shall be required to hire two Sebastian Police Officers to attend the function. 2 All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply to Park Event Permits. 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 Dermittee. 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, and security, if it is anticipated that a Park Event w in b itc naturo impact on the use of the subject Recreation Facility by the public generally, and will -have anv 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. 3 43 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. 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. No nails or staples may be used to hang decorations. 4 G. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from the facility. 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 Sebastian Police Officer 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 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. 5 45 adoption. All general provisions for use of City Recreational Facilities as set out in the Code of Ordinances shall apply. 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: Mayor Richard H. Gilt Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared the Resolution dully passed and adopted this day of 2010. Approved as to form and legality for ATTEST: reliance by the City of Sebastian only: Sally A. Maio, City Clerk MMC City Clerk (SEAL) CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor Robert A. Ginsburg, City Attorney 6 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 C� 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) !i *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. PARKS AND RECREATION 74 -31 (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. 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, sidewalkq and other public places, ch. 90. Supp. No. 29 CD74:7 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 rteguiar city councu Meeting May 26, 2010 Page Nine M JNuTES EYC.ER P T The City Attorney read Ordinance No. 0 -10 -03 by title and described a scrivener error on circle page 60, where he asked that "or" be deleted and add °No local business tax receipt shall be issued, duplicated, transferred, or renewed fof certain pain clinics or pain management clinics as defined herein” as Paragraph (1) under Section 30 -83. Prohibition. MOTION by Mr. Coy and SECOND by Mr. Wright approve Ordinance No. 0 -10 -03 with the two amendments as proposed by the City Attorney. The City Attorney announced the public hearing will be June 9th The City Attorney said this is a national problem, there are several ways to do this, he has talked to the Police Department, and this was written for enforcement. He said the State has enacted '6 bill but portions won't be in effect for years, there are a number of issues involved and they may be revisiting this from time to time. Result of the roll call vote: AYES: All NAYS: None Motion carried. 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. 8:17 pm The City Manager said this is a resolution with modifications for Council's consideration. He said the modifications include: >delineate of type events regulated at the City >facility uses occurring at Community Center and Yacht Club >park events at any outdoor parks with 300 or less >special events with 300 people or greater, generally co- sponsored by the City He said staff wants to keep parks open and not over regulate the fees noting the resolution does increase the fees slightly. He suggested a discussion on where they want to have park use and special uses. Mayor Gillmor clarified the fees are double than what they were before, and institutes a deposit where there wasn't one before. Ms. Coy thanked the City Manager for expediting this but at the same time she asked why this was not put before the Parks Recreation Advisory Committee. She clarified that they are not attempting to limit Christian events and she stated categorically that this is not before them to be anti anybody, but to be fair to everyone. She said of late we have administratively given use of parks, public facilities, and the stage at discounted rates or free which can get us in a lot of trouble. She said if we give to one, we have to give to everyone for free. She said Riverview Park is the City's crown jewel and when people drive by and see a large Keguiar city council Meeting May 26, 2010 Page Ten gathering there, 99% of the time the gathering is City sponsored. She said when the door is open for one, it's open for all. She passed out a letter from a Vero Beach woman who cites the use of the Park inappropriately. (attached) She said she would like public input and have Council provide more spaces for functions. She cited some of Vero Beach's amenities to rent and noted the east side of Riverview Park could be a covered or fenced for private functions by everyone and anyone which would be separate from Riverview Park. She said the resolution should be sent to Parks and Recreation Advisory Committee so they may identify parts of the Park to hold events and have parts identified as being rented. Mayor Gillmor said we have that now when someone rents the pavilion. Ms. Coy said the problem is people are renting the whole park. Mayor Gillmor said that was not the case, as the Craft Club rents the whole park. The Park Superintendent confirmed the whole park is rented out for various events and amenities such as the splash pad add to events. He said for the big events they can't rent only the pavilion because it is used for the event. Ms. Coy said because of our long history with the Craft Club, the Art Club, and Rotary Club, they should be considered an accepted use. She said you could rent our park for $50, and if you talk to the right person you get the stage for free. Mr. Hill said he didn't see what the problem is, Riverfront Park was built for events, and he has not one time received one single complaint about events in our Park. Mr. Wright asked him to recollect the clambake. Mr. Hill said the voters took care of that issue. Mr. Hill said there is a fee, and as long as we are covering our expenses, we shouldn't make a profit on a public park. Mr. Wright asked the Superintendent how many Park's staff were cut. The Superintendent said none were cut but some were not filled. Mr. Wright said services are increasing but staff is being reduced. Mr. Hill said this is fixing a problem that doesn't exist, people love the events, they draw people driving by, and he is pleased with what has been going on. MOTION by Ms. Coy and SECOND by Mr. Wright to send the resolution back to the Parks and Recreation Advisory Committee for review and public input. Mr. Wolff noted the Rotary Garden Show was not a City sponsored event and asked who cleans up after the event. The Superintendent replied they do their own clean -up. The City Manager added that staff works for three hours every Saturday and Sunday doing sweeps of the parks. Mr. Wolff said he didn't understand if there is the same amount of people working no matter if there is an event or not. Keguiar city Uouncii Meeting May 26, 2010 Page Eleven The Superintendent said the biggest event is the clambake, then maybe the 4 of July, and there are a lot more people working and the City Manager has the ability to charge more. Ms. Coy asked who brings the bleachers to the park. The Superintendent said they are left at the Park because there is a ceremony this weekend. Mayor Gillmor said he was not in favor of this going back to the Parks and Recreation Advisory Committee but the fees do need to go up and he saw the resolution as simply an update of what has already worked for 10 years and he agreed with Mr. Hill that if it isn't broken, don't fix it. He said when you send something to a committee things get messed up although committees do a good job. Mr. Wolff said he would have liked to have seen use of the stage and bleachers addressed in the packet as there isn't a fluid understanding of how permission is given, and he was concerned whether the stage deposit was enough. Ms. Coy said that brings up equipment and asked the City Manager if he looked at Vero Beach's policy. The City Manager said it was not material, he was familiar with what the City has and what works. Ms. Coy said Vero Beach requires a separate insurance liability for bounce houses and they may not be set up for more than four hours. The City Manager said they look at that when they approve it administratively. Ms. Coy said those items are not on a check list so it would be fair to everybody. She asked if we charged tax for the parks. The Superintendent said tax has been charged on the Yacht Club and Community Center and we recently started charging for the Park. The City Manager said he could provide the written policy for the stage. He said the LoPresti grand opening and all other non profit events, other governments and Chamber have received the stage for free. Ms. Coy said that needs to be in writing and she heard the stage went to Brevard County. The Superintendent said staff did switch with Brevard County for a Movie on the Green. Public Input Seth Goldsmith, Pastor, Coastal Community Church, said his church hosts multiple events in the Park such as a block party, family game night, hog roast, Christmas Eve event, Back -to- School Bash and he feels the community depends on these events, they invest in the community, they pay full price and the Park would not be a jewel if you can't use it. Louise Kautenburg, Sebastian, said she agreed and has enjoyed all events. She said the reason we are looking at this is because things change from time to time, there are more and more requests to use the Park, and they should make sure the public asset is protected. Bruce Lea, Sebastian, said he appreciated Ms. Coy's words and the resolution did not speak to the same thing. He said having the City Manager make the decision as to what adversely affects the public with no appeal is a slippery slope. He said he may not want to see particular group but he will fight for their right to be there and hoped they would fight for his right to be there. Regular City Council Meeting May 26, 2010 Page Twelve Michael Lyle, Pastor, Crossroad Christian Fellowship, said he agreed with Mr. Lea and didn't believe in limiting any organization and if they are going to make exceptions for one, there needs to be exceptions for everyone, if a group pays the fee and lives by guidelines then they should use it as they pay the taxes. Deana DeLuca, Sebastian, said if we want to see that Park used, let's bring the community together, as to making a spot to rent, she suggested putting a fence around the green area for another dog park. She said let's use it and put an end to this. Jim Sunnycalb, said the Parks and Recreation Advisory Committee needs respect as a City committee and asked how the fees will affect his train display. Mayor Gillmor said if everything had to come to Council, nothing would get done, he wasn't disrespecting the Advisory Committee, they are supposed to give vision for new parks, and it will take another month for them to meet and discuss the resolution. Ms. Coy said if staff allows trains, she appreciated Mr. Lea's comments, that if they don't define what is okay they will go down a slippery slope. Mr. Wolff said that will be the City Manager's administrative prerogative to accommodate all those that want to use the park and he was sure he would come to an amenable decision. Erin Sarong, Sebastian, said we all love the park and if someone is using the park for something she doesn't like, she won't go. She said to allow the City Manager discretion for those that want to use it for the good of the community. Mayor Gillmor asked the City Attorney if he reviewed section two, circle page 66, referencing City Manager approval. The City Attorney said he did and noted the City Manager is also constrained by the constitution, if a group came in and said we are the Beacon Society and we want to set the pavilion on fire to make a great lighthouse photograph, the City Manager can say he appreciates the concern but we are not going to allow destruction of property. He said they are going to make a public asset unavailable to others and wouldn't be allowed. He said he didn't view it as a license to be arbitrary with respect to one group or other but Council and the Administration have a duty to protect the public assets and that is what the City Manager will be doing. Mr. Wolff clarified that we are allowing use as long as the group is not destructive. The City Attorney said that is correct. Mr. Wright said he wondered if it is appropriate to use the facility for events that aren't City sponsored events on holidays because of the amount of traffic, and asked would it be allowed that we don't allow an event because there is too much going on. The City Attorney said yes, the legal phrase used is "time, place, and manner" and part of what they're getting is the notice of what is being proposed and you have opportunity to decide if the event should have closed streets, different parking arrangements and different accesses. Regular City Council Meeting May 26, 2010 Page Thirteen Mr. Wright asked what the prohibition was as far as bringing in a boat show, and if it makes sense to refuse something like that. The City Attorney there is a boat show in Vero Beach and they could look at issues involving flea markets, farmers markets, other boat shows, essentially commercial uses, not everything should be the basis of a legal decision. Mr. Wright asked how a boat show adversely affects the public. Mr. Wolff said that was important as there is no appeal process. The City Attorney explained most governments don't invite the public to speak on every issue, but as a tradition this Council does, Sebastian doesn't have a concern about being inaccessible to the public on any issue. Ms. Coy said this opens another door because if there is a boat show it shouldn't be in a park but across the street and there should be input from the Parks and Recreation Advisory Committee and the public. Mr. Wright asked if they could adopt a fee increase and send the rest of the resolution back to the Advisory Committee, and let the public come to Council. Mr. Hill said there is very little changed in the resolution. Mr. Wright said the Advisory Committee should review things on a regular basis. Mr. Wolff suggested taking the City Manager out of it and ask what they are sanctioning him to allow and not allow. Mr. Hill said the Parks and Recreation Advisory Committee could recommend changes at any time. Ms. Coy asked if the City Manager has the discretion to say no to a group. The City Attorney advised that assuming all is in order, he does not. Ms. Coy said there is a train wreck coming, we can include everyone and not embarrass ourselves, and there are a lot of people using that Park everyday. She said Mr. Stringer wrote an ordinance that never came back to Council and the City Manager said it was the resolution before them tonight with a chart. Ms. Coy said the resolution was written five years ago, they didn't have public input, it was slapped together without the Advisory Committee, and she expected Council discussion to direct staff to write the resolution. The City Manager said the request was to place park use on the agenda and he saw his job as to react and prep this for Council so Council could deliberate on the matter, not send it to the Parks and Recreation Advisory Committee. He said he respected her belief that there could be an event that goes wild, but that has not happened to date, he has administered the park and stage fairly, and he will let Council judge him accordingly. He added that he does plan to be more participatory with the Parks Committee. Ms. Coy said if a commercial activity wanted to rent the Park and met the qualifications, would that obligate staff to rent the Park. Regular City Council Meeting May 26, 2010 Page Fourteen The City Attorney said he didn't think so but Council should decide that when it comes up. He advised Council would have to make a distinction such when the Art Show comes up, people want to sell their art. Mayor Gillmor called for a recess at 9:32 p.m. and reconvened the meeting at 9:42 p.m. All members were present. Mayor Gillmor asked Ms. Coy to consider amending her motion to send the resolution back to Parks and Recreation Advisory Committee for review but increase the fees now. Ms. Coy said yes, but a lot still needs to be cut and dry so the City Manager is not in an awkward position. Mr. Hill reminded them of the two organizations that are waiting on the resolution, and he would not support the motion directing the resolution be sent to the Parks and Recreation Advisory Committee. AMENDED MOTION by Ms. Coy and SECOND by Mr. Wright to send the resolution back to the Parks and Recreation Advisory Committee with the increase effective tomorrow. Result of the roll call vote: AYES: Coy, Wolff, Wright NAYS: Gillmor, Hill Motion carried 3 -2. Subject: Approval of Craft Club of Sebastian Craft Show Dates for 2010 2011 at Riverview Park. Ap i rove f for Submittal by: City Manager Agenda No. 10 OS 3 Department Origin: Finance Director: City Attorney: City Clerk: C.9...,.;0 r Date Submitted: May 05, 2010 For Agenda of: P►la f +0 .3 I t1 i 11.1 1 d inner Exhibits: Park Use Permit Application and letter from Craft Club President. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: None OW 01 HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Craft Club of Sebastian is seeking Council approval for its Craft Show Schedule for 2010 2011 at Riverview Park. The Craft Club of Sebastian has had shows at Riverview Park for many years and has worked well with the City. The Craft Club has donated to many worthy causes in the community. The Club has offered to donate $500.00 to the City this year for Riverview Park improvements. In light of all the community activities the Club is involved with, the Club is requesting cutting all applicable fees by 50 They requested November 6, 2010 but I switched that date to November 13, 2010 to save November 5, 6 7, 2010 for the Clambake. This year's show dates are October 2, 2010, November 13, 2010, December 4 5, 2010, January 8, 2011, February 5, 2011, March 5, 2011, April 2, 2011 and May 7, 2011. Shows are from 9AM until 3 PM at Riverview Park. Rain dates for this year's shows are October 3, 2010, November 14, 2010, January 9, 2011, February 6, 2011, March 6, 2011, April 3, 2011 and May 8, 2011. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Craft Club of Sebastian Craft Shows at Riverview Park from 9 AM until 3 PM on 10/2/10, 11/13/10, 12/4 5/10, 01/8/11, 02/5/11, 03/5/11, 04/2/11 and 05/7/11. Move to approve rain dates for Craft Club of Sebastian Craft Shows at Riverview Park on 10/3/10, 11/14/10, 1/9/11, 2/6/11, 03/6/11, 04/3/11 and 5/8/11. 0 Date: 6 Ai/ 6 Name of Permittee: Address.: Mailing Address: cs Office Use Only: Please check the appropriate Box: crr Of 6$OTMIE OF 'PELICAN ISLAND 1225 Main Street, Sebastian, F1 32958 Telephone (772)589 -5330 Fax (772)589 -5570 Permits May Only be issued in j he Name of an t lcL-foil w Telephone: 7Y)- 3 0? 56 74z7 1 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION fl Name of Organization or Group: Reason for Use: 77i%fe Y eit Ql La her /AO VZ Requested Date(s) Rain Date: ///lLf 7'Z /lou.)i Time of User From: To: t� n,� Will there be any sale of goods? Yes X Permit Fee Paid Date Initials Park Event 50 to 300 Attendees $50.00 Application/Permit Fee or Special Event 301 or More Attendees $100.00 Application Fee rn /i2S dult or Lega y Organized Organization 0 r %,-f-eLha No If yes, please describe type of goods on back. Food or other types of vendors? Yes X No If yes, please list 'ame, address and type of vendors and struct, r- o be rected or otherwise assembled on back the undersigned, acknowledge that I am the horized agent of the applicant. I further acknowledge t I 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. ?Age ►t Signature »on 2 i 17 46 Ven schema c of any NAME Lill ADDRESS Na6e. TYPE -4 %f�f ,1�� Ow0, -o /d .Cid -74- Park Application Continued If Required Schematic: List any vendor in OFFICE USE ONLY: Special Conditions of Permit as Requested by City Manager ai ou 3 qp. no Mend Or Fo ecl V o �2 To: Chris McCarthy Supervisor of Parks of Sebastian Sebastian, FL 32958 From: Karen Lampiasi, President of the Craft Club of Sebastian 942 Fulton Way Sebastian, FL 32958 -8204 Dear Chris McCarthy and City Council, This letter is to request the use of the Riverview Park for our Craft Shows for the year 2010 -2011. We are continually grateful for your permission to use the park so that our vendors may sell their crafts. We are also willing to contribute the sum of $500 for upgrading the park however you deem fit. We hope we will be able to use the park for many years to come. Sincerely Yours, aren Lampiasi, President of the Craft of Sebastian April 19, 2010 zae Craft Club of Sebastian 2010 -2011 Show Dates Riverview Park, Sebastian US1 SHOW RAIN Oct. 2 Nov. l3 Dec. 4 Jan. 8 Feb. 5 Mar. 5 Apr. 2 May 7 Oct. 3 Nov. d 14 Dec. 5 Jan. 9 Feb. 6 Mar. 6 Apr. 3 May 8 Tues. Sept. 21 Oct. 19 Nov. 16 Dec. 21 Christmas Party Jan. 18 Feb. 15 Mar. 15 Apr. 19 2010 2011 Meeting dates The Sebastian Methodist Church, Main St. Time: 1 -2 p.m. ti Subject: Approval of Sebastian River Art Club's Art Show Dates for 2010 2011 at Riverview Park. Approved for Submittal by: City Manager I 1 4/ Agenda No. 0 0 84 Department Origin: Finance Director: City Attorney: City Clerk: C `i C Date Submitted: May 5, 2010 For Agenda of: -1 ay- 010 JL (,1 y `e) A e nner Exhibits: Application and Letter from Club. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: None era HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Sebastian River Art Club is seeking Council approval for its Art Show Schedule for 2010 2011 at Riverview Park. The Sebastian River Art Club has had shows at Riverview Park for many years and has worked well with the City. The attached information brochure details the Club's activities in the community. In light of all the community activities the Club is involved with, staff is again recommending cutting all applicable fees by 50 This year's show dates are November 20, 2010, December 11, 2010, January 15, 2011, February 12, 2011, March 12 13, 2011 and April 9, 2011. Shows are from 10 AM until 4 PM at Riverview Park Rain dates for this year's shows are the immediate Sunday after each show Rain date shows are from Noon until 4:30 PM. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Sebastian River Art Club's Shows at Riverview Park from 10 AM until 4 PM on 11/20/10, 12/11/10, 01/15/11, 02/12/11, 03/12 13/11 and 04/9/11. Move to approve rain dates for Sebastian River Art Club's Shows at Riverview Park from Noon until 4:30 PM on 11/21/10 12/12/10, 01/16/11, 2/13/11 and 04/10/11. Please check the appropriate Box: Address.: Name of Organization or Group: Reason for Use: Office Use Only: HOME OF V PELICAN 05IAND 1225 Bain Street, Sebastian, Fl 32958 Telephone (772)589 -5330 Fax (772)589 -5570 Telephone: 77,2 C38f Z.53/7 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Mailing Address: PC 00")e 70. Permit Fee Paid Date Initials Park Event 50 to 300 Attendees $50.00 Application/Permit Fee or Special Event 301 or More Attendees $100.00 Application Fee Date /o? Z,e9/D Name o f Permit tee :.5 ST/# J J L Q, t' Permits May Only be issued in the Name of an Adult or Legally Organized Organization t6 /5711 kf 141e- /er G�c -4c.s /VT 4%,/ /6/T.f /Al 1/L Requested Date(s)///0/20 /a //O /�/.9/ 2 /Z --i4/44 9/9/ 4//1 Rain Date: //z///o /z //e Time of User From: /0 /9"y To: ,L Will there be any sale of goods? Yes No u// If yes, please describe type of goods on back. /q -,2.7 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 b f 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. Appli t Agent Signatu Park Application Continued If Required List any vendor information and /or schematics on this NAME ADDRESS TYPE Schematic: page. OFFICE USE ONLY: Special Conditions of Permit as Requested by City Manager Sebastian River Art Club April 19, 2010 1'4r. Chris McCarthy, Director Sebastian City Public Works Department Airport t Administration Building 300 W. Airport Drive Sebastian, Florida 32058 Dear Chris: Richard Giilmor, President Mary E. Rahmig, Secretary Beve Bruffey, Vice President Terry Pate, Treasurer Alice Russell, Publicity Please be advised that the Sebastian River Art Club wishes to apply for monthly permits to hold the Club's art exhibits on the following dates: All dates are on Saturdays with the exception of March which will be Saturday and Sunday. All shows are held between 10:000 AM and 4:00 PM, with the rain date being on Sunday. We will continue to use the West side of the Park along the pathway, and.have no objections to another small group using the opposite end of the Park. We ask that you put our request on the Consent Agenda along with our request for the 50% reduction in the monthly fee in consideration for the Club's charitable and community contributions. Again, thank you for placing this request before the Council at a forthcoming meeting, and for your help and cooperation over the past years. Sincerely, November 20, 2010 December 11, 2010 January 15, 2011 Mary E R.ahrnig Secretary P0. Box 780534, Sebastian, FL 32958 www.sebastianriverartclub.org February 12, 2011 March 12/13, 2011 April 9, 2011 Subject: 806 Ind': n River Drive Draft Parking A r•� for Submittal by: Agreement Agenda No. 1 7 Department Origin City Attorney: Cit Mana er City Clerk: Date Submitted: 7 JULY 10 I ne City Manager Exhibits: Draft Agreement, GMD Parking Report EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 air or HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY On June 23, 2010, I was requested to attend a meeting concerning the restaurant/marina located at 806 Indian River Drive (commonly known as the former Flagship Marina). At the meeting were Mayor Gillmor, George Wilson, George Hart and myself. The purpose of the meeting was to discuss outstanding code compliance issues associated with the facility. The primary area of concern was compliance with the City's parking regulations. Mr. Wilson expressed a desire to expand the seating capability of the facility in order to meet his financial goals. As a result options were presented by City staff which could lead to parking compliance. First, Mr. Wilson could seek a variance from the Board of Adjustments (Council) on parking requirements. This option, however, is not recommended by City staff. Second, Mr. Wilson could seek a private parking agreement whereby his parking requirements could be met off -site. Third, an agreement between the City and Mr. Wilson could be negotiated for off -site public parking. Upon conclusion of the meeting, I instructed Rebecca Grohall to research fair market value for public parking uses and draft an agreement. Rebecca completed that task and a draft agreement was submitted to the City Attorney, as well as Mr. Wilson. Since that time the draft has continued to receive subtle changes. However, it is staff opinion that to move forward with such a concept, Council discussion /direction, as well as public input should be received. Therefore, the purpose of placing this item on the agenda is to receive direction from Council in whether to move forward with the concept of a public /private parking use agreement. In so doing, outlined below are (1) regulatory and administrative matters associated with the concept; and, (2) concept pros and cons. REGULATORY AND ADMINISTRATIVE MATTERS For the purpose of making a determination, below are some of the regulatory and administrative matters considered by staff. R -97 -27 Currently many LDRs govern 806 Indian River Drive by Resolution R- 97 -27. Essentially, this resolution permits the operation of a (1) 105 seat restaurant; (2) 15 slip marina; and, (3) one unit residential dwelling with 42 parking places. To provide any other regulation, including applying newer code to the site, R -97 -27 must be rescinded. PARKING REQUIREMENTS Article XV of the LDR speaks to parking requirements. Per the table in Section 54 -3 -15.2 Growth Management staff has indicated that if Mr. Wilson operates a (1) 47 slip marina; (2) a 4,800 square foot sit -down restaurant (excluding food preparation area); and, (3) an upstairs apartment, 90 off street parking spaces would be required. Based on the site plan on file for 806 Indian River Drive, there are 42 existing spaces. Per Mr. Wilson's concept, a shortage of 48 spaces would be created. LDR Section 54 -3- 15.4(4) allows the off street parking requirement to be met on property other than the immediate site, as long as the parking spaces are within 300 feet of the site and do not exceed twenty -five percent (25 of the total parking requirement. With respect to the proposal for 806 Indian River Drive, the 25% rule would require a variance even if a parking agreement were reached (publicly or privately). OFF STREET PARKING AT CAVCORP AND INDIAN RIVER DRIVE CavCorp and Indian River Drive meet the basic requirements for the off street exception, but as noted above would still require a variance. Staff has researched the 1996 grant agreement where CDBG Funds were used to make improvements to Indian River Drive and the CavCorp Lot. Per Attachment K(5) of the agreement, which references adherence to federal regulations, an exception allows revenue collection of less than $25,000 annually. BUILDING OCCUPANCY Under the latest approval issued by the Indian River County Fire Department in March 2003, the maximum occupancy level of 806 Indian River Drive was 208 persons. SITE PLAN Per Section 54 -4 -18 of the LDR, staff will require that the site plan be updated as part of the redevelopment process. BUILDING REQUIREMENT In redeveloping the site, all building, health and fire codes will need to be met. The process of making renovations to the facility will require permitting and regulatory review. DEVELOPER USE As expressed in our meeting on June 23, Mr. Wilson anticipates a facility use to include a 47 slip marina and a 200 seat restaurant. He anticipates that the facility will be leased and would create 50 jobs, with an opening date of December 2011. PARKING AGREEMENT FAIR MARKET VALUE In the initial draft of the parking agreement between the City and Mr. Wilson, an amount of $500 per month was estimated. This amount was based on research conducted by the Growth Management Department (see attached report). In short, it was found that private /public parking agreement values have a wide range from $9.00 $45.00 per space, per month. Staff has withdrawn our original estimate and the current draft agreement leaves this amount to the consensus of Council. PROS AND CONS For the purpose of considering a parking use agreement, below is a list of pros and cons Council may want to consider. PROS AVOID BLIGHT By entering into a parking agreement, the City may avoid a property from becoming blight. Help "prime" the redevelopment pump. JOB CREATION A new business brings jobs to the community. SALES TAX REVENUE A commercial venture would provide a slight increase in sale and property tax revenues. Seek Council direction. RECOMMENDATION CONS INTERFERENCE IN MARKET PLACE A parking agreement may artificially increase and subsidize the value of the facility at the taxpayers' expense. PRECEDENT If a parking agreement is created, future agreements may need to be considered, even if the City may not want shared parking. OVERUSE OF PUBLIC PARKING SPACES The CavCorp and Indian River Drive Parking places are highly used by boaters, residents and festivals. These areas may not be available for a full -scale restaurant as well as public use. Use 44k Amours Formula Required Parking No. Units 4 Spaces Per Measyi re Restaurant (includes use of outside 4800 sq. feet ;.:4 X11:5 100 sq. feet 72.00 seating areas on deck) =x. w" Boat Slips slips 1 3 slips 15.67 Second floor apartment units 2 1 unit 2.00 THIS AGREEMENT is between the City of Sebastian, a Florida municipal corporation, as "City" and Lincolnshire Sebastian Marina, LLC, who is in the process of becoming the owner /operator of the Marina and Restaurant at 806 Indian River Drive, as "Operator WHEREAS, City Council finds that providing public parking to assist private businesses meet their parking needs is an economic benefit to the entire community; and WHEREAS, the requirements for parking are outlined in Sec. 54 -3 -15 of the City's Land Development Code. forty-two (42) spaces. OFF SITE PARKING AGREEMENT EXHIBIT A WHEREAS, for the Operator to obtain at least two hundred. 00) restaurant seats, to fully utilize the forty-seven (47) slip marina, and to utilize the second floor as dock master quarters, the site needs a total of ninety (90) parking WHEREAS, the property at 806 Indian Rive rive has parking capar din site of rtequirea Provided Shortage 42.00 48.00 WHE1,EAS, the Lan J lop Code allows for off site parking agreements and the Cit} a ias, ublic parking s 'apes av i1an1e both on Indian River Drive and surface parking lots all of ch are showfhp Exhibit 1, attached hereto and made a part hereof. NOW THEREQ ir of the mutual promises and obligation stated herein, the City ant Qrator do hereby incorporate all terms and conditions in this Agreement mutually' aree as follows: 1. PURPOSE. The purpose of this agreement is to provide Operator with the non- exclusive use of up to fifty (50) parking spaces as shown in Exhibit 1. 2. TERM. This agreement shall be in full force and effect for a period of ten (10) years, from its effective date, unless terminated earlier in accordance with the terms of this agreement. The agreement may be extended for one additional period of ten (10) years upon mutual agreement of the parties. 3. OFF SITE PARKING FEE. Operator agrees to pay the City, as an off site parking fee, the sum of per month, payable each upon the first of each month during the term hereof. Said amount may be prepaid annually. 4. NON EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non- exclusive use by Operator and the City shall retain fee ownership of the parking delineated in Exhibit 1. 5. LIMITS OF USE. This agreement confers no rights upon the Operator to place any advertisement, notices or signage upon the property delineated on Exhibit 1. The City restaurant expressly retains all such rights. The and marina c qsr`n's shall make no use of the parking spaces except as specifically authorized in thus. eement. 6. LIABIILITY. Operator will indemnify, defend anoldtty harmless for any loss, damage, cost, charge or expense to which the .Ci rn y be pub reason of any act or omission of Operator, its employees, agents and licenses on or to ublic property delineated in Exhibit 1. Sebas 7. SUCCESSORS AND ASSIGNS. This a g eiit acid each of b its terms and conditions shall be binding upon the and their r pective successors and assigns. Neither party shall have the right i‘40,gn this agree i t or any of its rights and obligations without the advance writteri*e Is,of the other 8. NOTICES. All notices required by thi aeem all be in writing and delivered either by registered or ce ed :mail to the O ':e party at)rhe address given below: CITY: er Operate t olnsh`ire cbastian Marina, LLC George Wils' S4 13 Seagate Boulevard b Key`.rgo, FL 33037 Any party may change i ad ress or designee by giving written notice of such change to the other party. 9. TERMINATION. The City may terminate this agreement upon thirty (30) days written notice. The Operator may terminate this agreement only if such termination does not place the Operator in non conformity with the parking requirements within the Land Development Code in Sec. 54 -3 -15. 10. REMEDIES, OTHER THAN TERMINATION OF AGREEMENT, FOR DEFAULT AND BREACH; ATTORNEYS' FEES AND JURISDICTION. If Operator fails to perform to any term or condition of this agreement, the City may, after giving ninety (90) days written notice to correct said default, terminate this agreement. If the City shall fail to perform any term or condition of this agreement, Operator may, after giving ninety (90) days written notice to correct said default, terminate this agreement. If after notice and the cure period, the default has not been remedied, the City will consider Operator in breach. In the event of breach of this Agreement by either party, the other party shall have such administrative, contractual, or legal remedies as provided by this Agreement, the Code of Ordinances of the City of Sebastian, and the laws of the State of Florida. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorneys' fees and costs, and that jurisdiction for any court action filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River County, Florida. 11. GOVERNING LAW. This Agreement shall be .gov'erned by and construed in accordance with the laws of the State of Florida. 12. EXECUTION. When the Operator acquires ownership or the ri to operate the property at 806 Indian River Drive, he will time be authorized to e cecute this agreement. ATTEST: Sally' A City Cler ATTEST: Witness Operator 13. EFFECTIVE DATE. This agreement shall be effective upon the execution by both parties. CITY OFEBASTIAN, FLORIDA l Minner, City Manager Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney By: George Wilson, President/CEO m W r 1 M g awc ROME OF PELICAN ISEANC City of Sebastian Growth Management Department 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 MEMORANDUM DA'Z'E: July 7, 2010 TO: Al Minner, City Manager FROM: Rebecca Grohall, Director SUBJECT: Parking fees for private businesses Pursuant to your request, I researched parking fees for private businesses utilizing public parking to assist in meeting their parking requirements. I spoke to Florida Redevelopment Association (FRA, the professional organization for all CRAs), American Planning Association, and several cities. Most confirmed responses indicated that there are not many examples of private businesses utilizing public land to satisfy their parking needs. Also, there is a clear distinction for rates for parking garages (two or more stories of parking) than for surface lots, a reflection of the development costs. The City of Myrtle Beach, South Carolina, determined that there are three tiers of lease rates based on fair market rates (determined from parking meter income ranging from $55 to $220 per year depending on space location) and the percentage of the parking space that consists of public property. The spaces located closed to the beach were valued the highest, at $220 per year (or a monthly rate of $18.33 per space). In Needham, Massachusetts, the fair market value was determined to be $327 per year (or a monthly rate of $27.25 per space). In Norfolk Beach, Virginia, rates vary widely, from $20 per space monthly rate to $85 per space monthly rate with the higher rates charged for parking garage. In the City of Hollywood, Florida, businesses are limited to leasing two spaces per merchant at a cost of $106.00 annually per space (or a monthly rate that fluctuates based on "in season" winter months of November through April and "off season" summer months of May through October). The City of Tampa, Florida, offers private businesses public parking in three pricing tiers. For suburban surface lots the fee is $24 per month per space; for urban surface lots within the central business district, the fee escalates to $45 per month per space; and for urban (central business district) parking garages the fee increases to $97 per month per space. CD? I Hollywood, FL $8.83 Myrtle Beach, SC $18.33 Norfolk, VA $20.00 Tampa (suburban) $24.00 Needham, MA $27.25 Tampa (urban) $45.00 Page 2 The City of Titusville, Florida, has proposed an "in lieu of" fund that allows private business to buy into public parking. Those costs are based upon acquisitions costs of the land plus the costs of any improvement costs. The City of Titusville has determined that for a surface lot, the buy in price per space is $5,600. It should be noted that Titusville ultimately has not yet adopted the program. Table 1: Comparative Rates In summary, fair market value runs between $8.83 per space per month and $45.00 per space per month, and a mathematical average of $23.90. Additionally, some cities tack on an annual administrative fee between $100 and $500 that covers billing, tracking, and collecting.