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HomeMy WebLinkAbout09082010Brief Announcements CITY OF SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 8, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Rev. Ian Crawshaw, Fellsmere Community Church 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. 10.126 A. Proclamation Sickle Cell Anemia Awareness Accepted by Alfredo Miranda, 5 Treasure Coast Sickle Cell Case Manager 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. 7 -12 A. Approval of Minutes August 23, 2010 Budget Workshop 13 -21 B. Approval of Minutes August 25, 2010 Regular Meeting 10.127 C. Approve Police Department Digital Camera and Accessories Purchase in the 23 -33 Amount of $5,881.00 from Jiffy Photo aka Lawmen's Photo, Fort Pierce from Forfeiture Fund (PD Transmittal, 3 Quotes) 10.128 D. Award Nuisance Abatement/Lot Mowing Contracts to Listed Contractor for 35 -52 Specific Categories (City Manager Transmittal, Price Forms, Insurance Certificates) 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. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 10.084 A. Use Agreements Insurance Update (City Manager Transmittal, Leasehold 53 -61 Chart, Agreement) 10.084 B. Sebastian Art Club Use Agreement 11. PUBLIC INPUT (see back of agenda for procedures) 12. NEW BUSINESS 10.129 A. Resolution No. R -10 -27 Supporting Maintaining Lifeguards at Treasure Shores 63 -70 Beach (City Clerk Transmittal, R- 10 -27, Bilotta Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS TO MAINTAIN FUNDING FOR LIFEGUARD SERVICES AT TREASURE SHORES BEACH PARK IN THE FISCAL YEAR 2010 -2011 INDIAN RIVER COUNTY BUDGET; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10.107 B. First Reading Ordinance No. 0 -10 -05 CRA Parking Requirements Set Public 71 -80 Hearing for September 22 2010 (Growth Management Transmittal, 0- 10 -05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54 -3 -15 REGARDING PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10.122 C. Discussion Economic Development Funding (City Manager Transmittal) 81 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Gillmor B. Vice Mayor Hill C. Council Member Coy D. Council Member Wolff E. Council Member Wright 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: September 13, 2010 Special Meeting 1 st Budget Hearing 5:30 pm September 22, 2010 CRA Budget Hearing 5:30 pm September 22, 2010 Regular Meeting 2 "d Budget Hearing 6:30 pm October 13, 2010 Regular Meeting 6:30 pm October 27, 2010 Regular Meeting 6:30 pm November 8, 2010 Special Meeting Election Results and Swearing In 6:30 pm November 17, 2010 Regular Meeting 6:30 pm December 1, 2010 Regular Meeting 6:30 pm December 15, 2010 Regular Meeting 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: J Consent Agenda Public Hearings Unfinished Business New Business 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 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. cIIroF SEBASTIAN HOME Of PELICAN ISLAND National Sickle Cell Awareness Month September 2010 WHEREAS, sickle cell anemia is a blood disorder that causes shortages of oxygen to organs and tissues leading to episodes of severe pain and organ damage; and WHEREAS, in the United States it is estimated that over 70,000 people have the disease, and about 1,000 babies are born with the disease each year; and WHEREAS, this year marks the 100th anniversary of Dr. James B. Herrick important medical discovery of the disease; and 'WHEREAS, the Sickle Cell Foundation of Palm Beach and the Treasure Coast was incorporated in 1980, marking 3o years of service to the community; and WHEREAS, citizens seeking a screening test, counseling, or education materials on sickle cell anemia or the sickle cell trait may contact the Foundation at (561) 8 33 3 11 3 or www.sicklecellpalmbeach.org; and NOW THEREFORE, I, Richard H. Gillmor, Mayor of the City of Sebastian do hereby proclaim the month of September 2010, as "National Sickle Cell Awareness Month" and urge our citizens to join in support of the Sickle Cell Foundation's' mission by participating in upcoming walkathons, health fairs and conferences scheduled during the month of September. More information on these events may be obtained from their website. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 8th day of September, 2010. Richard H. Gillmor Mayor CITY OF SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL FY2010/2011 BUDGET WORKSHOP MONDAY, AUGUST 23, 2010 5:30 PM AGENDA CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Workshop to order at 5:33 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Richard H. Gillmor Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright City Council Absent: Vice -Mayor Jim Hill (excused contacted after meeting) Staff Present: City Manager, Al Minner City Clerk, Sally Maio Administrative Services Director, Debra Krueger Airport Director, Joe Griffin Building Director, Wayne Eseltine Finance Director, Ken Killgore Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall MIS Director, Frank Losardo Police Chief, Michelle Morris Deputy Chief, Greg Witt Public Works Director, Jerry Converse Public Works Administrative Supervisor, Linda Kinchen Parks Superintendent, Chris McCarthy MIS Systems Analyst, Rob Messersmith 4. FY2010/2011 PROPOSED BUDGET A. Budget Presentation /Overview City Manager The City Manager gave a thirty minute power point presentation on the proposed FY 10 -11 Budget currently set at $22,463,859, and announced the first public hearing on the budget and millage will take place on September 13, 2010. The power point presentation is attached in its entirety to these minutes. City Council Budget Workshop August 23, 2010 Page Two The City Manager asked how Council wished to proceed at this point of the workshop. Mr. Wolff asked the City Manager to elaborate on his comments about sustainability issues and the City Manager responded that we need to look at personnel costs in general, that we cannot expect to continue with furlough days and no increases into the future, though the current economy lets us get away with it for now and for a couple more years. He said without future growth we will have to keep a keen eye on where we are in regard to raises, compensation and public safety employees, though in the short term for FY 2011 -2012 we are okay. Mayor Gillmor asked Ed Herlihy, Chairman of the Citizens Budget Review Advisory Board if he wanted to speak. Mr. Herlihy spoke on behalf of the Board, citing the recommendation for the higher tax rate to raise the $230,000 needed to get the City's maintenance situation under control. He said a long term concern is the police retirement situation regulated by FS 185, noting in 2020 the cost to the City to support it could be over $2M per year and we can't afford it. He said this year the City will receive just under $4M in property taxes and the pension could be close to half of the City's tax revenue. He noted the pension is an unfunded mandate from the State and it will take legislation to change it. Mr. Herlihy reiterated the Budget Board thought it important to raise the $230,000, then cited a trip to Virginia with his son who was seeking a home, comparing an 895 square foot house they looked at with an asking price of $525,000 and annual tax of $5100 with the City's low taxes and said, though we want to keep taxes low, we have to operate the City. He commended the City Manager and staff for a great job on the budget. Mayor Gillmor said he was not a fan of going through the budget line by line but it was up to Council. He said he had some questions, but most have been answered. Ms. Coy agreed line by line was not necessary, and said we will have two hearings. Mr. Wright suggested simply following the agenda, and said he had general comments but would hold until the end of the agenda under Council Comments item 6. Mayor Gillmor then called for public comment unless anyone on Council wanted to go line by line. It was the consensus of Council they did not want to do that. None. B. Department Questions (See Proposed Annual Budget Document) 5. PUBLIC COMMENTS Damien Gilliams, 1623 US 1, said he came prepared to address the agenda as it was advertised in the paper and on the City website and now Council is changing it, and asked if this is a new policy of the Mayor or was it the consensus of the board. Mayor Gillmor said it was the consensus of the Board. Ms. Coy said she supported it and Mr. Wright said he did not need additional input from Department heads because their information was in the packet, and the process had his support. The City Manager said the Department questions item was for questions from Council. 2 City Council Budget Workshop August 23, 2010 Page Three Mr. Gilliams said then as he understands it we are done with the Department heads for the evening and they can go home. Mr. Wright explained the item says "Department questions" and it is for questions to the Department Heads from Council members and Council had no questions so they followed the agenda and moved on to Public Comment. Mr. Gilliams said then why don't we put off the whole agenda and stated we don't put it on TV anymore. He said he knew Council was going to raise taxes, that when property taxes go down Council looks for a reason to raise the millage rate and asked them to leave it alone and let people recoup. He said it is because they can't find any place to cut the budget, suggested contracting out the Planning and Zoning Department, said Council is not getting the job done and is cutting into reserves, that people are losing jobs and the process is not fair the way they are doing it. He said he can go through line by line and find cuts, said Council needs to get creative and find additional revenues like the State and other counties are doing. 6. COUNCIL COMMENTS /DIRECTION Mayor Gillmor asked if this budget, they are looking at, was put together before the last CIP Workshop, and the City Manager said it was. Mayor Gillmor said, for the record, on page 142, under Roads and Special Projects, the City hall parking /landscaping in the amount of $50,000 should not be there. The City Manager said the CIP projects within the budget will be modified prior to final CIP approval and the budget hearings. Mayor Gillmor asked for clarification that the money for the dog park is for creation of a new park within the grounds next to the dog park. The City Manager said the money is slated for other improvements in and around the dog park area. Mayor Gillmor said there has been concern we are putting more money into the dog park and is just for people with dogs, and that is not the case. The City Manager said it could be interpreted that way but was not the case, and the purpose is to improve the entire Keene Terrace Park with more amenities. Mr. Wright noted Keene Terrace Park is a seven acre park and the dog park is located only on one acre and the remainder of the park is not getting enough use. Mr. Wolff asked what generates building a restroom in a park, whether a formula or was it that three or four people called. The City Manager said there is no magic formula and in this circumstance it is based on public input and a request from the Parks and Recreation Committee. Mr. Wolff asked if the park is underused, why are we installing a restroom. Mr. Wright said he meant the other area doesn't get the use it would if we improved it. Mr. Wolff asked if there has been any communication with the community and people in adjacent homes, noting restrooms in parks have advantages and disadvantages. The City Manager responded staff will go through design and location phases, then to Parks and Recreation and Planning and Zoning, if needed, and then to City Council. Mr. Wolff said we may want to consider keeping the restroom near the dog park area for public safety. Ms. Coy asked if there had been any complaints about the dog park from the community, and the City Manager responded he had one. Ms. Coy noted that people who use the dog park point out their homes to her when she is there. 3 L City Council Budget Workshop August 23, 2010 Page Four Mr. Wright asked about the budget for MIS broadcast equipment in relation to broadcasting over ATT UVerse. He expressed concern about the 3 to 5 year planning for data processing equipment, noting in economic times we can only rely on one year in a budget. He said we need to find out what equipment we need to tie into ATT for broadcasts through UVerse, so that before we make a final decision on computer and broadcast equipment we know their requirements. The City Manager said ATT sent a package with ten questions for staff to answer and staff had submitted answers back to them, and he will provide information to Council prior to the September 13 budget hearing. Mr. Wright noted ATT is picking up Tots of new customers in the community and we will not be able to reach everyone. Mr. Wright cited page 160, the current airport budget, asking that since fuel sales recently changed, why was the proposed budget the same as the 2009 airport budget. The City Manager responded that Council has not officially transferred the fuel sales yet, therefore we budgeted for the airport as normal. He said FDOT has requested more information and justification on the leasing out the fuel sales and Sebastian Aero notified the City today that they do not want to move forward with that process right now, so fuel sales is on hold. The City Manager said Sebastian Aero does want to move on the t- hangar proposal which will come back to Council but should not affect the budget. Mr. Wright cited page 15, local option gas tax and asked what caused the spike, and the City Manager responded it was the bond payoff and bond refinancing. Mr. Wright said the graph in the presentation depicts to him that the Building Department is no longer an enterprise fund and we should look at a way to re- categorize it because it is a service we provide and not an enterprise fund. He further said it is always tough to not provide raises to employees, but we need to be cognizant of the fact that average wages in IRC in private employment are $30,000 to $35,000 and there are many schools, cities and hospitals, semi government groups we support with taxes who are making the highest salaries in the County, higher than private employees and the balance has gotten out of control and needs to be looked at carefully. He said he does not expect to see a turn around in the next couple of years. Mr. Wolff said this needs to be qualified because a teacher with a Masters earns about $33,000, and Ms. Coy responded only if one is lucky enough to get one of the full -time positions. Mr. Wolff said to say County institutions such as hospitals, school board positions make higher salaries needs to be qualified. Mr. Wright said you need to look at average salaries overall, for teachers, County Commissioners, municipal employees with substantial salaries, that starting salaries have gone up in the past few years and if we look at police salaries and retirement benefits we have to have a new reality and look at the ability of people to pay. He said people are having a tough time and we can't go back to giving out high salaries and benefits, that he doesn't see continued increases going forward, and that in many areas of the country constant increases are bankrupting cities. Mayor Gillmor cited page 152, Golf Course expenditures, and asked about promotions in the amount of $250 and advertisements in the amount of $5,000. The Golf Course Director responded promotions was for items such as hats and towels, and shirts for fundraiser give 4 City Council Budget Workshop August 23, 2010 Page Five aways, and $3000 of the advertising was for phone books, and the remainder for 7 or 8 coupon books, local hotel guides, radio ads, etc. Mayor Gillmor said we are one of the only public golf courses in Indian River County and it makes sense we would want to advertise to pump up attendance. Mr. Wolff asked the Golf Course Director if he had goals or new programs to get to 70,000 rounds, noting that is a challenge in this economy, and stating the Golf Director operates one of the finest golf courses in the County. The Golf Course Director said rounds will improve if we have good weather and if the economy improves a little bit, noting people tell him they are reducing play due to the economy. He said they have partnered with the non profit Indian River Golf Foundation and other programs to bring in new golfers on a local basis. Mr. Wolff suggested a live webcam on the course. Ms. Coy thanked the Citizens Review Advisory Board and all City directors involved in the budget process. She commented on the Go -Line, that as much as she wanted this service, she found out that Fellsmere and Sebastian are the only municipalities that provide funding for the County -wide service, and she was unsure as to why other cities are not paying. Mayor Gillmor asked the City Manager to display pg 190 of the proposed budget on the overhead, which shows millage rates have continuously decreased since the 1990s when the millage was 6.90 mills and now has been at 3.3456 mills for the last three years. He said for those who say we are raising taxes they should look at this, and said Council is not talking about increasing the millage. Ms. Coy said while talking to ATT why not ask them their plans for their ugly building on US 1. Mr. Wright said the Art Festival group is going to contact them to improve the appearance of the building, however, Ms. Coy said she was not merely thinking of a sculpture because the building is just ugly and it would not hurt to get ATT to contribute. Mr. Wolff questioned the MIS Director about vendor mandated software upgrades and the MIS Director responded that occasionally vendors require upgrades to their software, though not frequently, and there is no way around it because they are sole source. Mr. Wolff asked about the $75,000 for broadcast upgrade and the MIS Director responded that it is planned for automation for servers and converters for broadcast communication and programming, and will have a shelf life of approximately five years. Mr. Wolff asked about the increase in Police Department Detective Division internet services and Chief Morris responded it is an upgrade of air cards for mobile laptops. Mr. Wolff cited page 52, and said City Council proposed budget shows an increase, and the City Manager responded that the proposed FY 11 budget is actually down from the current FY 10 budget, but up $25 from projected for FY 10. Mr. Wolff asked what City Council is doing as a Board to show unity with fellow City workers who are taking furloughs, and how Council could overhead and spending. He said he had asked the Finance Director to extrapolate on what effect a furlough would have on City Council pay and had been told it would amount to one of Council's paychecks. He asked Council to offer up a paycheck and put it back in the City coffers, and then offered his most recent paycheck back to the City. City Council Budget Workshop August 23, 2010 Page Six ATTEST: Ms. Coy said that was very nice of Mr. Wolff, but she would have to think about it, noting she attends several additional committee meetings which costs money and sometimes she has to lose time at work, as do other members of Council, and asked what meetings Mr. Wolff has attended other than Council meetings. Mr. Wolff said any meeting he has been asked to attend he attends. Ms. Coy listed the meetings attends that are mandated. Mr. Wolff said he would like to see that in writing, and that she was trying to put him on the spot and she could simply ask the constituents if he was doing his job. Ms. Coy said this has been on her mind for years and she cannot remember any boards for which he was a primary member. Mr. Wolff said he did not recall her nominating him for anything. Mr. Wright asked that they both get back to topic. Mayor Gillmor said if we want to mirror what is done with City employees, a furlough day would amount to $15 out of a Council paycheck and if $15 will help the City he would be glad to donate his $15 back to the City. He said if members all throw in $15, we can buy the chili for the chili cook -off, which they put in themselves last year. Ms. Coy said this Council has not had a raise in a long time, and has not been reaping benefits of 3 or 5% increases and with what she is required to do, she is not throwing in a whole paycheck. She said it was commendable of Mr. Wolff to offer his paycheck, but she is not returning her paycheck because the little they receive in compensation barely covers what they are required to do. 7. Being no further comment, Mayor Gillmor adjourned the Budget Workshop 7 p.m. Approved at the September 8, 2010 Regular City Council meeting. Richard H. Gillmor, Mayor Sally A. Maio, MMC City Clerk 6 None. ON OF SEBAsTiAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 25, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. Father John Morrissey, St. Sebastian Catholic Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Administrative Services Director, Debra Krueger Finance Director, Ken Killgore Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart MIS Systems Analyst, Rob Messersmith 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. 10.122 A. Indian River County Chamber of Commerce Presentation Economic 5 Development Activity Report (City Manager Transmittal) Bill Penney, Chairman of the Economic Development Division of the Indian River County Chamber of Commerce, gave a brief overview of the Division and introduced Helene Caseltine. 13� Regular City Council Meeting August 25, 2009 Page Two Helene Caseltine, Economic Development Director of the Indian River County Chamber of Commerce gave an update on the Chamber's efforts through a PowerPoint presentation. (see attached). She displayed a packet of information which is sent to businesses that express an interest in relocation Indian River County. She stated that funding comes in part from Indian River County and the rest from private donations. Ms. Caseltine responded to questions from Council in regard to direct marketing, such as attendance at trade shows; how the average Indian River County salary of $35,879 is determined by the Agency for Workforce Development, noting the current average is based on 2008 figures for private employment. She noted that Indian River County, Fellsmere and Vero Beach will all have questions on their November ballots for tax abatement. Ms. Caseltine was commended for the work of the Indian River Chamber of Commerce. Mayor Gillmor noted that the Indian River County Economic Division receives only $119,000 from Indian River County, comparing that to Martin County which funds $800,000, St. Lucie County $650,000, Brevard County $1.2 M and the City of Okeechobee $150,000. 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. 7 -17 A. Approval of Minutes August 11, 2010 10.080 B. Approve Sebastian Property Owners Association Use of Chambers and 19 Broadcast Services for Candidate Forum on 10/218/10 7 pm to 9 pm (City Clerk Transmittal) 10.123 C. Award Contract for Monitoring Services for Debris Clean -up Contract to Neel 21-23 Schaffer Based on Formal Bid Prices (City Manager Transmittal, Bid Tab) 09.125 D. Airport Transfer of Utility Installation to Indian River County (Airport Transmittal, 25 -31 Bill of Sale, Warranty Memo) MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve the Consent Agenda. The City Clerk noted for the record that item C, the SPOA candidate forum will be 10/18/10 and not 10/28/10. Result of the roll call vote: Ayes: All Nays: None Passed 5 -0 2 Regular City Council Meeting August 25, 2009 Page Three 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. None. 9. PUBLIC HEARINGS 10.111 A. 2 Reading and Final Adoption Ordinance No. 0 -10 -04 Police Pension Chapter 33 -21 185 Plan Changes in State and Federal Regulations (Administrative Services Transmittal, 0- 10 -04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE AND CONFLICTS. (PJ 8/1110) The City Attorney read Ordinance No. 0 -10 -04 by title and Mayor Gillmor opened the public hearing at 6:58 p.m. MOTION by Mr. Hill and SECOND by Ms. Coy to enact Ordinance No. 0- 10 -04. There was no public comment. Mr. Wright said as they read this over, he asked if the pension plan is being modified to comply with IRS rules, and there is no change in benefit level. Lee Dehner, Attorney for Police Officers Pension Fund, explained this was to ensure IRS co- compliance and to extend Board terms to four years and extend the maximum to invest in equities up to 70% of their value which is based upon the recommendation of their consultant. Result of the roll call vote: Ayes: All Nays: None Passed 5 -0 10. UNFINISHED BUSINESS 10.084 A. Art Club Use Agreement (City Manager Transmittal, Proposed Agreement) 57 -60 Mayor Gillmor turned the gavel over to Vice Mayor Hill and recused himself from this matter due to his membership with the Art Club. (see form attached) The City Manager explained generic facility use and said this use agreement formalizes the Art Club use of the facility at 1245 Main Street. MOTION by Ms. Coy and SECOND by Mr. Wright. There was no public input on the matter. Regular City Council Meeting August 25, 2009 Page Four Mr. Wright noted the indemnity clause in the agreement, and said they need evidence that they maintain liability insurance. The City Manager said the City is accepting liability on this, and Mr. Wright said that is a major problem for an organization using City property which will be open to the public for sales. He said typically cities would look for indemnification so the entire contract has very little meaning if we are not holding them to that. Mr. Wolff asked how this compares to the Historical Society or Indian River State College and if they carried liability insurance. The City Manager said he didn't think they did, but he didn't have a clear answer. Discussion followed on different types of uses at City facilities; and whether or not they are required to provide liability insurance. Mr. Wolff asked what Exhibit A referred to and the City Manager said it was a map of the facility which did not make it into the packet that needed to be drawn up. Ms. Coy suggested if they approve, per Council's directive to keep the facilities at Main Street for the time being, that down the road Council can change the use of facility and highlighted that the Club's use is not forever. Mr. Wright suggested finding out what practices the City has for other non profits, noting this is a little bit different because there will be sales. Mr. Hill said Council was not prepared to make a decision, and cited what is needed to get this done: insurance and exhibit A. The City Manager said there is no emergency and he had moved at Council's directive, noting groups such as sea scouts, quilters use the City's facilities and part of that is the City's responsibility, that when you open doors you do accept some risk. Ms. Coy formally withdrew her motion. Mr. Hill stated the item was deferred until the City Manager brings the item back with further information. Mayor Gillmor returned to his seat at the dais. 10.085 B. Powerline Road Presentation Update by John M. Boyer, P.E., Masteller Moler, 61 Inc. (City Manager Transmittal) The City Manager introduced Steve Moler of Masteller Moler to update City Council on the Powerline Road project. Steve Moler, Vice President, Masteller Moler, gave a brief update on their contract to design the Powerline Road project. John Boyer, Project Engineer, Masteller Moler, said they have been working on design and permitting, have the St. Johns River Water Management District and Army Corps of Engineers permits in hand, are missing State permits but the project is time critical so 4 Regular City Council Meeting August 25, 2009 Page Five construction is slated to begin right at the end of the school year, bids will go out a the end of February/March and the plan is to start at CR 512 and work north to have that complete by the time kids start back to school in the fall. Mr. Moler said he worked with the School Board and wanted to thank them for dedicating land to the City for this project in exchange for improvements along the rights -of -way. Ms. Coy asked if the City is still getting the escrowed Ashbury money. The City Manager said it has not been used but they have until 2014. Mr. Wolff noted the Barber Street improvement project has proven to be tedious and slow, and asked how this project will differ in getting done on time. Mr. Boyer said he was not familiar with that project but he will be very up front about working on school time, will speak to the Manager about penalties, noted the scope is limited, and he anticipated moving the project along in a timely manner. The City Manager said this is new road and not an improvement and differs from Barber Street, the concerns will be dust and debris to surrounding residences; and once opened we will see traffic patterns changed. Mr. Wolff said he appreciated the attention to the school time frame and penalty. Mayor Gillmor asked the City Manager to check with the State and contractor on the Barber Street project to see if there is any penalty clause to get them moving. The City Manager said he believed the State was doing everything they could to keep the project on track, there are penalty clauses available, but said whether they meet the December 24 deadline is yet to be seen but the contractor will have liquidated damages and be down ranked on future bids. 11. PUBLIC INPUT Frank Bilotta, 994 South Easy Street, said he learned that the Indian River County Administrator is recommending eliminating life guard services at Treasure Shores Beach, noting Treasure Shores is the only ADA certified beach site, is the third most attended beach in the County, was named number two beach in the State in a magazine. He cited the County's mission statement in regard to public safety and quality of life, said lifeguards have made numerous rescues, and Sebastian reaps economic benefit from the beach being attended. He said he had a petition with 1500 signatures with a goal of 3000 and urged Council to help join Commissioners Flescher and O'Bryan who approved of keeping the life guards, and asked them to write letters, and issue a resolution to the Commission. In response to Mr. Wolff, Mr. Bilotta said the other Commissioners have done nothing and his attempts to contact them have been unsuccessful. Norman Meyers, Lions Club of Sebastian, thanked City Council for its continued support for the Fourth of July Festival; noting people come from all around to attend, and commended all the City employees who keep everyone safe and the area clean during the event. Regular City Council Meeting August 25, 2009 Page Six He said the Lions purchased a triple tier fountain they want to install in the park with $3300 from the proceeds of the event. Dr. Meyers said the Lions Club is in a Mark of Distinction contest to fund improvements to Barber Street Sports Complex and asked for community support. Mr. Hill thanked Dr. Meyers and the Lions for all they do for the City, stating that is a day that everyone looks forward to. Harvey Wheeler said he was compelled to come forward as he thought Mr. Wolff's offer to return his paycheck was worth a plug, noting little offerings fill the gaps of disconnect between government and the people. Joe McManus, 13450 77 Street, Indian River County, said Treasure Shores Beach was built twenty years ago and that this is a change in policy that could lead to a drowning. He said last year the Indian River Shores City Council convinced the County Commission to keep lifeguards at the Tracking Station Beach and soon after there was a dramatic two person rescue. He urged Council to get involved in keeping guards at Treasure Shores. 12. NEW BUSINESS 10.038 A. Approve Resolution No. R -10 -25 3rd Quarter Budget Amendment (Admin. 63 -88 Services Transmittal, R- 10 -25, Comparison, Status Reports, Schedule, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R- 10 -25. The City Manager said this is the third quarter budget report and the Finance Director could answer questions. Mr. Wolff asked for a better understanding of how the FDIC covers a certificate of deposit in excess of $300,000 and if the City is covered in case of default. The Finance Director said this particular CD was purchased without collateral and FDIC coverage, and National City was purchased by PNC. Mr. Wright said we should spread the CDs around to have FDIC coverage. The Finance Director said there are different types that can be purchased and these rates can be obtained because they didn't have that coverage. He added they were competitively secured. Mr. Hill added the 3% return on the bonds was pretty good. The City Manager said the City has a financial investment policy, with an advisor to mitigate those risks and if Council would like staff to shake that up, he would take that directive. Mr. Wright said considering the current bank situation Council might want to do that; and he would like an opportunity to review the policy on short term investments. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve Resolution No. R- 10 -25. 6 Regular City Council Meeting August 25, 2009 Page Seven Mr. Hill stated the budget amendment was well done and he appreciated the work done. Result of the roll call vote: Ayes: All Nays: None Passed 5 -0. 10.124 B. Consider Approval of Resolution No. R -10 -26 Supporting Prohibition of 89 -91 Chumming on Local Beaches Requested by Mayor Gillmor (City Clerk Transmittal, R- 10 -26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE PROHIBITION OF "CHUMMING" OR "BLOODBAITING" FROM INDIAN RIVER COUNTY BEACHES; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Gillmor said this had been discussed at the Mayors' meeting and he noted Vero Beach and Indian River Shores had adopted ordinances preventing chumming; and Orchid was set to adopt an ordinance September 1 He said he witnessed fishermen in February who were chumming for sharks from a kayak, 100 yards from shore where people were bathing, and caught a seven foot reef shark and a nine foot lemon shark. He suggested sending the resolution to Indian River County Commission which had considered a ban but it did not pass. The City Attorney read the title of Resolution No. R- 10 -26. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R- 10 -26. All members of City Council strongly supported this resolution in addition to a resolution urging the County Commission to keep the lifeguards at Treasure Shores Beach. Mr. Wolff asked if there was a recently passed County ordinance that allowed shark fishing at unguarded beaches. The City Attorney responded there was a proposed substitute ordinance talking about chumming within several hundred feet from people or lifeguards but nothing came of it. Harvey Wheeler said he was not in favor of the resolution and although he was in agreement with ethical fishing, people should be able to fish where they want to. Frank Bilotta said he constantly thinks about tourists who don't know the marine environment and commended Council for their consideration. Result of the roll call vote: Ayes: All Nays: Nays Passed 5 -0 Mayor Gillmor asked the City Manager to bring back a resolution at the next meeting regarding the lifeguards. Regular City Council Meeting August 25, 2009 Page Eight 10.125 C. Adjust November and December Council Meeting Schedules (City Manager /City 93 Clerk Transmittal) MOTION by Mr. Hill and SECOND by Ms. Coy to move recommendation of staff. There was no public comment. Result of roll call vote: Ayes: All Nays: Nays Passed 5 -0 13. CITY ATTORNEY MATTERS none 14. CITY MANAGER MATTERS none 15. CITY CLERK MATTERS The Clerk announced the election qualifying period is continuing and ends on September 3rd at 4:30 p.m. 16. CITY COUNCIL MATTERS A. Council Member Wright Mr. Wright said Council has heard many economic development presentations and the Sebastian Chamber should be invited to speak on what they can do for us and look at some kind of funding towards economic development. B. Mayor Gillmor Mayor Gillmor said he would like to have the contribution to the Chamber be a discussion item on the agenda because the amounts of money are under the purview of the City Manager and Council might be able to find $10,000 to $12,000 to come up with a program to put jobs in the northern part of the County. Ms. Coy said she couldn't agree more, but they need to focus on the north county, and quite possibly consider Fellsmere to partner because of their similarities. The City Manager said the Airport fund might have some money. C. Vice Mayor Hill Mr. Hill reminded everyone that school is back in session, and asked everyone to observe the school zones. 8 ATTEST: Regular City Council Meeting August 25, 2009 Page Nine 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 7:59 p.m. Approved at the September eh, 2010 Regular City Council meeting. Richard H. Gillmor, Mayor Sally A. Maio, MMC City Clerk D. Council Member Coy Ms. Coy thanked everyone for the opportunity to go to the Florida League of Cities conference as it turned out to be phenomenal conference. E. Council Member Wolff Mr. Wolff said he was dismayed that Indian River County loaned $1 M of taxpayers dollars to expand a commerce park which was lost; this goes to the need of really getting to know the people who come to Council for money and as they go forward they need to be prudent, do our homework and make sure it doesn't happen again. 9 Subject: Camera and Accessories Agenda No. 10 l 27 Poli .Cs�1v^ A fro for Submittal by: City i General Manager Department Origin: Services: Finance Dept.: City Clerk: i P inner Date Submitted: August 18, 2010 For Agenda of: Sept. 8, 2010 •ibert A. Ginsburg Exhibits: Three Price Quotes EXPENDITURE REQUIRED: Forfeiture Acct. $5,881.00 AMOUNT BUDGETED: Forfeiture Account APPROPRIATION REQUIRED: -0- SUMMARY Due to the age and condition of our existing camera equipment it has become necessary to replace it. This camera will be used by the Evidence/ Crime Scene Technician for the processing of crime scenes and the gathering of photographic evidence. It is imperative to have a good quality camera for photographing crime scenes, so that pictorial evidence presented in court depicts a true representation of the crime scenes. The existing camera has become outdated and does not take the quality pictures necessary to assure criminal convictions. Jiffy Photo is a local area business, whom we have made equipment purchases from in the past and found to be a reliable vendor. This purchase is an allowable use of the forfeiture fund. RECOMMENDED ACTION Move to authorize the purchase of camera equipment from Jiffy Photo in the amount of $5,881.00 from the forfeiture account. H CITY OF SEBASTIAN PURCHASING TELEPHONE PRICE UOTATIONS Southern Photo Rick Gaskins 125 E. NASA Blvd Melbourne, FL. 32901 Gra z LA O U o a- 6 0° C=1 a a 0\ o0 co .o Camumet Photographic James Mielke 890 Supreme Drive Bensenville, IL. 60138 V] z z W 0 U 0 y o -Y O N N 1 OA 0 Y 0. a E c" b 0 0 a OD 0.1 "0 E �-0 w g a c c•i o \o Jiffy Photo Center a/k/a Lawmen's Photo 940 South Federal Highway Fort Pierce, FL. 34950 772 461 -0872 08 -11 -10 z w 0 L) a. .=0 1- 'w°o O N at a.`" o cd w a a. o 00 ai G cd o z a, po U rn o a as C Z b 0 a 0. C va z E11, O 0 o C] cd 0 cd U v, a> iv c c u o q U ,f) 0 o x z H CITY OF SEBASTIAN PURCHASING TELEPHONE PRICE UOTATIONS z� Phone Fax E -mail Web Site 772 461 -0872 772 -460 -9318 JiffyPhotoCenter @aol.com www.e Phototronics.com Kralhinkle Photography Group, Inc. Jiffy Photo Center a/k/a Lawmen's Photo 940 South Federal Highway Fort Pierce, FL. 34950 -5189 SKYPE I.D.: Mokosantis NAME /ADDRESS SEBASTIAN POLICE DEPARTMENT Captain Beyer 1201 Main Street Sebastian, Florida 32958 772 -589 -5233 X 8514 SIGNATURE PRODUCT QUOTE DATE 8/11/2010 ESTIMATE NO. 406 Ship To SEBASTIAN POLICE DEPARTMENT Captain Beyer Main Street Sebastian, Florida 32958 589 -5233 X 8514 PROJECT ITEM DESCRIPTION QTY COST TOTAL D300s Nikon D300s Digital SLR gtr 1,498.00 1,498.00T MC -36 Nikon MC -36 Remote Control 128.00 128.00T GP -1 Nikon GP -1 GPS Module 192.00 192.00T SC -29 Nikon SC -29 Flash Sync Cord 75.00 75.00T 4803 Nikon RIC1 Remote Commander Kit (USA 712.00 712.00T Model/Warranty) MB -D10 Nikon MB -D10 Battery Grip for D300 229.00 229.00T EN -EL3e Nikon EN -EL3e Battery 36.00 36.00T 1755 Nikon 17 -55 2.8 VR G ED Lens 1,382.00 1,382.00T Micro Nikon 60MM Micro 2.8 G Lens 535.00 535.00T SB -900 Nikon SB -900 Electronic Flash Unit (USA 449.00 449.00T Model/Warranty) 055XPROB Manfrotto Pro Black Tripos, 055XPROB 175.00 175.00T 229 Bogen 229 Super Pro Head (replaces 3039) 239.00 239.00T GS202 Avenger AW GS202 Sand Bag 34.00 34.00T 337 Manfrotto Level 32.00 32.00T ALXCF24GB Lexar Platinum II Compact Flash Card, 4GB 41.25 165.00T $5,881.00 (0.0 $0.00 TOTAL $5,881.00 Kralhinkle Photography Group, Inc. Jiffy Photo Center a/k/a Lawmen's Photo 940 South Federal Highway Fort Pierce, FL. 34950 -5189 SKYPE I.D.: Mokosantis NAME /ADDRESS SEBASTIAN POLICE DEPARTMENT Captain Beyer 1201 Main Street Sebastian, Florida 32958 772 -589 -5233 X 8514 SIGNATURE PRODUCT QUOTE DATE 8/11/2010 ESTIMATE NO. 406 Ship To SEBASTIAN POLICE DEPARTMENT Captain Beyer Main Street Sebastian, Florida 32958 589 -5233 X 8514 z�, CALUMET PHOTOGRAPHIC 890 Supreme Drive Bensenville, IL 60106 800 CALUMET 225 -8638 S 0 L D T O TELEPHONE: 772 589 -5233 x -8530 SHIP VIA TERMS UPS GRND QTY PART NUMBER 1 NZ1305 1 NT3062 1 NZ24036 1 NT2630 1 NT25135 1 NZ1310 1 NZ11152 CUST. 517886 SEBASTIAN POLICE DEPT. BENJAMIN ALLISON 1201 MAIN ST SEBASTIAN, FL 32958 DESCRIPTION QUOTE QUOTATION NOTE: LEXAR GOLD 4GB CF CARD IS NOT AVAILABLE. WE HAVE PRICED THE SANDISK 4BG CF CARD IN ITS PLACE. SD MEMORY CARDS ARE ALSO USABLE IN THE D300S. D300S BODY 12.3MP SD CF MC -36 REMOTE CORD (33.5IN) GP -1 GPS ADAPTER F /D3X SC -29 TTL COILED REMOTE CORD R1C1 WIRELESS CLOSE -UP FLASH MB -D10 MULTI POWER BATT PACK EN -EL3E LI -ION BATT (Continued on Page 2) S SEBASTIAN POLICE DEPT. H BENJAMIN ALLISON I 1201 MAIN ST P SEBASTIAN, FL 32958 T O FAX SALESMAN NET ON RECEIPT JAMES MIELKE UNIT PRC DS 1529.99 139.99 219.99 89.99 729.99 244.99 49.99 QUOTE NUMBER 7387886 QUOTE DATE 08/11/10 EXPIRATION DATE 00 /00 /00 EXT PRC 1529.99 139.99 219.99 89.99 729.99 244.99 49.99 CALUMET PHOTOGRAPHIC 890 Supreme Drive Bensenville, IL 60106 800 CALUMET 225 -8638 T O TELEPHONE: 772 589 -5233 x -8530 UPS GRND BY: JAMES MIELKE THIS QUOTE DOES NOT INCLUDE INSTALLATION APPLICABLE TAXES UNLESS OTHERWISE NOTED. AVAILABLE, ASK YOUR REPRESENTATIVE. CUST. 517886 S SEBASTIAN POLICE DEPT. O BENJAMIN ALLISON L 1201 MAIN ST D SEBASTIAN, FL 32958 SHIP VIA TERMS QTY PART NUMBER 4 IM18612 1 NT21374 1 NT21165 1 NT2619 1 BG12163 1 BG1325 1 AV3324 1 BG39931 QUOTE VALID FOR 30 DAYS Q U O T E S H I P T 0 SEBASTIAN POLICE DEPT. BENJAMIN ALLISON 1201 MAIN ST SEBASTIAN, FL 32958 FAX SALESMAN NET ON RECEIPT JAMES MIELKE DESCRIPTION QUOTATION (Page 2) SNDSK ULTRA 200X 4GB CF 17 -55MM DX F /2.8G IF -ED AF -S 60MM F2.8G ED MICRO AF -S SB -900 SPEEDLIGHT 055XPROB LEGS /HORIZ CTR COLUMN 3039 SUPER PRO HEAD W /QR CORDURA SAND BAG 25LB HOT SHOE DBL AXIS BUBBL LEVEL DATE: 08/11/10 DELIVERY CHARGES OR INSIDE DELIVERY UNIT PRC DS 23.99 1399.99 544.99 464.99 179.99 244.99 39.99 37.99 SUBTOTAL DISCOUNTS FREIGHT /HANDLING MISCELLANEOUS TAX TOTAL QUOTE NUMBER 7387886 QUOTE DATE 08/11/10 EXPIRATION DATE 00 /00 /00 EXT PRC 95.96 1399.99 544.99 464.99 179.99 244.99 39.99 37.99 6,013.82 .00 .00 .00 .00 6,013.82 Aug. 17, 2010 From: Southern Photo 125 E. NASA Blvd. Melbourne, Florida 32901 To: Sebastian Police Department 1201 Main St. Sebastian, Florida 32958 The following items are quoted as requested: Item Price Nikon D300S 1,699.95 Nikon MC -36 Remote 149.00 Nikon GP -1 229.95 SC -29 TTL Cord 99.95 Nikon R1C1 Commander Kit 4803 774.95 MBD -10 Battery Pack 259.95 EN -EL3e Battery 59.95 (4) Lexar Gold 4GB CF card ALXCF24GB (substitute Delkin UDMA 6 8 GB 624X speed) 99.99 (ea) Nikon 17 -55 mm f/2.8 lens 1,539.95 Nikon 60mm f/2.8 AF -S Micro Lens 599.95 Nikon SB -900 499.99 Manfrotto 055xprob Tripod 055XPROB 189.99 Manfrotto 229 3 -D Super Pro Head 245.00 Avenger AW GS202 39.95 Manfrotto /Bogen 337 Shoe Mount Level (substitute Dot Line Shoe Mount Double Level) 29.99 4.8/73 Ng For any question concerning the above quote please contact the undersigned. Rick Gaskins Sales Manager Southern Photo 321 254 -4224 QUOTE The following is information on the Delkin Memory Card quoted Delkin debuts ruggedized Combat Flash CF cards PMA: Compact Flash card is protected against extreme environments New process said to protect card from extreme temperatures, unerwater, humidity, rain, shock, dust, fungus, rust, more. Poway, Calif., February 20, 2010 Delkin Devices, Inc. launches CombatFlash, a new line of ruggedized, waterproof and exceedingly fast CompactFlash memory cards. CombatFlash memory is built tough to excel in situations and environments that exceed a normal memory card's durability and performance. Each US manufactured card is subjected to rigorous quality testing, then put through a patent pending Tekta® infusion process that protects the card and its contents from extreme temperatures, underwater submersion, humidity, rain, shock, dust, impact, fungus, vibration, rust and more. Delkin's CombatFlash memory cards offer the only completely ruggedized and high -speed solution for professional photographers. With patent pending technology and design, CombatFlash memory cards are the only consumer card built to comply with MIL STD -810, the extreme environmental testing conditions approved by the US Department of Defense. This military standard addresses a broad range of environmental conditions that include: low pressure for altitude testing; exposure to high and low temperatures plus temperature shock (both operating and in storage); rain (including wind blown and freezing rain); humidity; fungus; salt fog for rust testing; sand and dust exposure; explosive atmosphere; leakage; acceleration; shock and transport shock; gunfire vibration; and random vibration. "We developed our TektaTM infusion process to achieve the most ruggedized, waterproof CF card possible," said Martin Wood, Delkin's CEO. "We know the abuse photographers put their gear through and we're innovating to meet that demand; whether they're shooting in the Arctic or documenting a story in the Sahara, our CombatFlash cards are built to endure." In addition to extreme durability and unmatched reliability, CombatFlash attains exceedingly high speeds, up to 91MB /s 625X. Every memory card is manufactured with high grade NAND flash, advanced controller design, and quality control guidelines based on ISO:9001 standards. Additionally, built -in ECC (Error Correction Code) automatically detects and corrects any errors that might occur during data transfer. Delkin's CombatFlash CF cards are fully compliant with current CompactFlash specifications with support for Ultra DMA (UDMA) mode 6. Users can take advantage of industry leading high speeds to capture high resolution RAW images and full HD video, making recording faster and easier than ever. aloof HOME OF PELICAN ISLAND Subject: Nuisance Abatement/Lot Mowing A..rove+ or Submittal by: City Manager Agenda No. 0 I Z k Department Origin: City Manager Department Head: Date Submitted: 8/26/10 For Agenda of: 9/08/10 5-411r- Exhibits: Price Proposal Forms and Required Insurance Certificates EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The City currently uses a variety of mowing contractors, on an as needed basis, to provide mowing services for Code Enforcement abatement actions. Last year, in order to reduce operational costs and to create a standard rotating abatement vendor listing, the City conducted a formal procurement process to hire different contractors. As a result of that process, the City was able to hire several contractors to provide the needed mowing services and realize a substantial savings. After reviewing those bids further, it was determined that there was some disparity in workers' compensation insurance requirements. Therefore, the City came to the conclusion that workers' compensation coverage exemption does not mitigate risk to a degree that the City believes is appropriate, so staff felt it was proper to rebid these services. The bid listed four (4) typical work items based on the services most required. Those services included: Category #1- '/4 Acre lot mowing; Category #2 Y2 Acre lot mowing; Category #3 5 ft. Undeveloped Lot "Cut- Back and Category #4 Debris Clean-up. Six (6) contractors provided proposals as follows: NUISANCE ABATEMENT LOT MOWING SERVICES RESPONSE/PROPOSALS CATEGORY 1 CATEGORY 2 CATEGORY 3 CATEGORY 4 Up to 1/4 acre Up to 1/2 acre 5' Cut Back Junk Debris Clean -up Sunshine Land Design 60.00 80.00 55.00 40.00 Stuart, FL 34997 Micco Land and Tree Service 65.00 80.00 80.00 50.00 Roseland, FL 32957 Buena Vista Lawn Service 85.00 150.00 60.00 50.00 Sebastian, FL 32958 Suncoast Lawn/ Landscape 60.00 90.00 75.00 50.00 Sebastian, FL 32958 J. D. Sunny Isle, Inc. 150.00 200.00 125.00 140.00 NE Palm Bay, FL 32905 DGC Environmental Services 55.00 75.00 60.00 45.00 Ft. Pierce, FL 34945 aloof HOME OF PELICAN ISLAND Subject: Nuisance Abatement/Lot Mowing A..rove+ or Submittal by: City Manager Agenda No. 0 I Z k Department Origin: City Manager Department Head: Date Submitted: 8/26/10 For Agenda of: 9/08/10 5-411r- Exhibits: Price Proposal Forms and Required Insurance Certificates EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The City currently uses a variety of mowing contractors, on an as needed basis, to provide mowing services for Code Enforcement abatement actions. Last year, in order to reduce operational costs and to create a standard rotating abatement vendor listing, the City conducted a formal procurement process to hire different contractors. As a result of that process, the City was able to hire several contractors to provide the needed mowing services and realize a substantial savings. After reviewing those bids further, it was determined that there was some disparity in workers' compensation insurance requirements. Therefore, the City came to the conclusion that workers' compensation coverage exemption does not mitigate risk to a degree that the City believes is appropriate, so staff felt it was proper to rebid these services. The bid listed four (4) typical work items based on the services most required. Those services included: Category #1- '/4 Acre lot mowing; Category #2 Y2 Acre lot mowing; Category #3 5 ft. Undeveloped Lot "Cut- Back and Category #4 Debris Clean-up. Six (6) contractors provided proposals as follows: NUISANCE ABATEMENT LOT MOWING SERVICES RESPONSE/PROPOSALS After a review of all bids received, fees were averaged and it's staff' s recommendation to award the following contractors the categories of service listed below. All of the recommended contractors are in compliance with insurance requirements. Sunshine Land Design Micco Land And Tree Buena Vista Lawn Service Suncoast Lawn and Landscape DGC Environmental Services RECOMMENDED ACTION Award Categories 1, 2, 3, 4 Award Categories 1, 2, 3, 4 Award Categories 3, 4 Award Categories 1, 2, 3, 4 Award Categories 1, 2, 3, 4 Move to award the Nuisance Abatement Lot Mowing Bid to the contractors listed above for the specific categories of service and authorize the City Manger to execute a contract for these services. ITEM ITEM DESCRIPTION PRICE PER CUT #1 Improved Real Property up to 1/4 acre in size s Up to 1/4 Acre eC Up to 1/2 Acre #2 Improved Real Property 1/2 acre in size PRICE PER HOUR #3 Unimproved Real Property Five (5) foot cut back of nuisance overgrowth. Per Per Hour #4 Junk Debris Clean-Up Items not included in Items #1 and Item #2 SC, Per Hour After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Request for Proposal, I the undersigned hereby propose to furnish and mowing services in accordance with strict conformity to all requirements and specifications. The following proposal meets and or exceeds specifications as set forth herein. By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute /enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. Authorized Signature 11- IV E. Mcre Printed Name Title Company 1.0 Date PRICE PROPOSAL FORM r.e. L.iry 1 V\r c cc, Lclt.snct c t b1(S0 t-41, Email Address net O.Ilk 36 Address use■( .CL 3 22q City, State, Zip Code (yi7_ 3 -(QtL 1- elephone Number -7 2) c Lv 4 3c 2 F Number L 7 3 1 +'1 C 4 r722) Phone Number CI TYSEB City of Sebastian Bldg. Dept. Fax 772 -589 -2566 1225 Main St. Sebastian FL 32958 SHOULD ANY OF Tile ABOVE DOOMED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT1GE WILL Be DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Pamela Durfee %6 -JTY INSURANCE OP ID PD D Dmno 08 2 26 10 II OW V. v yy a „r T r n, line rUWIto Ur oN*I HAIVVt ubTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOrrION OF ANY CONTRACT OR OTHER DOCUMENT WFTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR TYPE OF INSURANCE INS(R POLICY NUMBER mum 1 LIMITS GENERAL LtAtALRY EACH OCCURRENCE 1,000,000 A X COMMERCIAL GENERAL UABILITY LBA06988500 02/11/10 0Z /11/11 PREM I SE5 E e `"l oCs cu ao) $100, j CLAIMS•MADE El OCCUR MED EXP (My one person) s 5 000 PERSONAL I ADV INJURY 1,000,000 GENERALAGGREGATE s 2,000,000 GENL AGGREGATE tort APPLES PER: PRODUCTS COMP /OP AGG 1, 000 000 POLICY n JECT ri LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EN ecdtle l) $30Q,000 BODILY INJURY (Peterson) S X ALL OWNED AUTOS BODILY INJURY (Per eodtlent) X SCHEDULED AUTOS 07589862 -0 08/19/10 08/19/11 PROPERTY HIRED AUTOS (Peraccide,I) S NON-OWNED AUTOS s UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LAB CLAIMS -MADE AGGREGATE 9 DEDUCTIOLE s RETENTION 1 1 C WORKERS COMmEN$ATION WSAx7TEC122i36402 06 /10 /i0 06/10/3.1 Xi VJCSTATIF oTH AND EMPLOYERS' LABIUM YIN ITORY LIMBS I ER ANY PROPRIETOR/PARTNER/EXECUTIVID ES.. EACH ACCIDENT 1,000/000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory N NH) E.L DISEASE EA EMPLOYEE s 1,000,000 If Yea, describe under DESCRIPTION OF OPERATIONS belm/ E.L. DISEASE POLICY UMIT s 1 000, 000 DESatlPTION OF OPERATIONS/ LOCATIONS! VEHCLEB (Mach ACORD 101, Adedenal Remarks $uhsdule, I more space is required) Landscaping, tree work, grading of land and clearing. L Au; 26 2010 1:22PM ATLASS INSURANCE GRO l► rrc I (FICA I t uw LIAE3I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADD NSUR tRe pc the terms and condfions 0f tits Policy, certain policies may require an en certificate holder in lieu of such endorsement(s). PRODUCER R SURER Atlass- Merritt Island 26 Oleander Street Cocoa FL 32922 Phone:321- 459 -9905 Fax:321 -459 -3699 COVERAGES CERTIFICATE HOLDER 3 RD 25 (2009109) Mieco Land Services LLC Alvin �M�oore Roseland 32957 CERTIFICATE NUMBER: The ACORD name and logo are registered marks of ACORD CANCELLATION REVISION NUMBER: ®1988 -2009 ACORD CORPORATION. All rldlTts reserved. L Au; 26 2010 1:22PM ATLASS INSURANCE GRO l► rrc I (FICA I t uw LIAE3I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADD NSUR tRe pc the terms and condfions 0f tits Policy, certain policies may require an en certificate holder in lieu of such endorsement(s). PRODUCER R SURER Atlass- Merritt Island 26 Oleander Street Cocoa FL 32922 Phone:321- 459 -9905 Fax:321 -459 -3699 COVERAGES CERTIFICATE HOLDER 3 RD 25 (2009109) Mieco Land Services LLC Alvin �M�oore Roseland 32957 CERTIFICATE NUMBER: The ACORD name and logo are registered marks of ACORD CANCELLATION REVISION NUMBER: ®1988 -2009 ACORD CORPORATION. All rldlTts reserved. After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Request for Proposal, I the undersigned hereby propose to furnish and mowing services in accordance with strict conformity to all requirements and specifications. The following proposal meets and or exceeds specifications as set forth herein. ITEM #2 #3 #4 ITEM DESCRIPTION Improved Real Property up to 1/4 acre in size Improved Real Property 1/2 acre in size Unimproved Real Property Five (5) foot cut back of nuisance overgrowth. Junk Debris Clean -Up Items not included in Items #1 and Item #2 PRICE PER CUT Up to 1/4 Acre Up to %2 Acre PRICE PER HOUR 70 77 Per Hour X Per Hour By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute /enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City o, Se ►astian, for the above stipulated price. Authorized ignature 6 4J 0,6 P Name Title f4 r C, of.,J „6-04: ertej,tj jJ Company X010 Date PRICE PROPOSAL FORM A ZCZZAex i s t r Email Address /1/1‘ e 0 Address City, State, Zip Code „cam XYe Telephone Number 05 75 Fax Number )Pg CY Cell Phone Number THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITIONS OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMCCS SHOWN MAY HAVE BEEN REDUCED BY PAiO CLAIMS. ittS TYPE OP INSURANCE DISR AND roucY NyINER (pNOIDONTYY1 DOryYYYn UNITS A GENERAL X X UABILITY COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE X OCCUR $500 PD DEDUCTIBLE 8090012037 03/03/2010 03/03/2011 EACH OCCURRENCE 5 1000000 P SSES(Ea oatau w ience) 5 100900 M®IXP (Any one person) S 5000 PERSONAL &ASV INJURY 1000000 GENERAL ancREent s 2000000 GEM_ ADORE3ATE LIMIT APPLIES PER 7 eoLicy n p n LOC PRODUCTS COMP/OP AGO s INCL x{XJCX7oKXXXXX 5 XXXXXXXX AUTOMOBILE UA®IflY ANY AUTO D AUTOS HIRED AUTOS AUTO ED AUTO 1NEO AUTOS 1 NONE THIS CERTIFICATE ED 6O01LY INJURY (Per parson) 5 BODILY INIURY(PBraccident) PRAY DAMAGE (Per accident) 8 UMBRELLA UAB EXCESS LAB i mam 1AIMS -MADEE NONE THIS CERTIFICATE EACH OCCURRENCE 8 AGGREGATE DED 1 RETENTIONS S B WORKERS COMPENSATION ANDEMPLOYERS' LlAak/YY V/N OPPIC51MEMBE EXCI.UDBD CIm Y (Mandatory in NIL) I1ya& dawlbs under OF.G(.RIPTION OF OPERATIONS belay/ N Ja AW 1004094 10/17/2009 10/17/2011 VAC &TATII 1 OTH- X tS2HY 11 I 1 FR EL EA 100000 EL. DISEASE- EA EMPLOYEE 500000 E.L. DISEASE POLICY LIMIT 100000 r NO OTHER THIS CERTIFICAT DESCRIPTOR OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Add$bnal Ranmlta Saimadels. A mo.N space its requiibd) LAWN CARE AND LANDSCAPE SERVICES CONTRACTOR NOTE: CERTIFICATE HOLDER IS AN ADDITIONAL INSURED (GENERAL LIABILITY POLICY ONLY) PER FORM CG 20 10 07 04 THIS COVERAGE IS PRIMARY AND NON CONTRIBUTING FOR ADDITIONAL INSUREDS WHEN REQUIRED BY CONTRACT AS PER FORM NP 14 09 CORRECTED CERTIFICATE; WC COVERAGE ADDED TO FORM FAX TO: 772 589 -2566 CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN I FL 32958 SHOULD ANY OF 111E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. EP TIVE 6 EPR PAUL A MATTFELD LICE A168361 RX Date /Time 09/01/2010 10:34 772 571 0815 Sep. 1. 2010 10:40AM INDIAN RIVER AGENCY GROUP INC AC RLI THIS CERT iS ISSUZ-D AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the po/icyfies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INDIAN RIVER INSURANCE AGENCY 1 NORTH ORANGE ST. PO BOX A 100 FELLSMERE FL 32948 INSURED COVERAGES FICA H ACORD 25 (2010/95) CERTIFICATE OF LIABILITY INSURANCE M T CROWE INC DBA "SUNCOAST LAWN LANDSCAPE' 118 MILLER DRIVE SEBASTIAN FL 32958 CERTIFICATE NUMBER: IMRE: PAUL A IAATFF ELD PRONE (Ay JI. 6* 774.571.1SSS rAlc,Nok 772- S71.AA/ ADDRESS, PMATTFFI D44@A0t_ COM PIOURER D INSURER E INSURER F CANCELLATION tNSURENSi AFFORDING COVERAGE INSURER A NORTH POINTE INS CO swum 8: ASSOCIATED INDUSTRIES INS CO II/SURER C No. 4004 P. 1 REVISION NUMBER: P.001 DATE (MMIDOIYYYY) 07123/2010 NAIC A ®1968 -2010 ACORD CORPORATION. AN rights reserved. The ACORD name and Logo are registered marks of ACORD ITEM ITEM DESCRIPTION PRICE PER CUT #1 Improved Real Property up to 1 /4 acre in size v ce Up to 1 /4 Acre #2 Improved Real Property 1/2 acre in size ''56 Up to %2 Acre PRICE PER HOUR #3 Unimproved Real Property Five (5) foot cut back of nuisance overgrowth. $t Per Hour #4 Junk Debris Clean -Up Items not included in Items 1 and Item #2 50 Per Hour Atter having examined all specifications, Contract/Agreement Documents, and other documents relative to the Request for Proposal, I the undersigned hereby propose to furnish and mowing services in accordance with strict conformity to all requirements and specifications. The following proposal meets and or exceeds specifications as set forth herein. By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute /enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. Authorized Sign ture Address c-t-c-x ck c J c c ,ne r Se be S i o,f\ Printed Name Title City, State, Zip Code X i)ee V■FA -r3 Seyi3 \CCU. Company Date ft IL iD Email Address Telephone Number Fax Number Cell Phone Number THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO H CH °THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR. LTR TYPE OF INSURANCE ADOL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM1DDfYYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR INSURER A :Travelers Home Marine Company 660- 6481P924 2/1/2010 2/1/2011 EACH OCCURRENCE 1,000,000 DAMAGE TO REN TED PREMISES (Ea occurrence) 100 000 INSURER CLAIMS -MADE MED EXP (Any one person) 5,000 PERSONAL &AQV INJURY 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG 2,000,000 POLICY TRO- JFCT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED P,UTOS HIRED AUTOS NON- OVvNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Peracadent) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, desaibe under DESCRIPTION OF OPERATIONS Y N N /A WC STATU- OTH- TORY I IMITS FR E.L. EACH ACCIDENT 1 I E.L. DISEASE EA EMPLOYEE below E.L. DISEASE POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks. Schedule, if more space Is required) Landscaping CERTIFICATE OF LIABILITY INSURANCE DATE`MMIDD`YYYY) 7/14/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Highmark Insurance 1801 South Patrick Dr Indian Harbour Beac FL 32937 CONTACT vi Hwy NAME: Y PHONE (321) 253 -6011 (A1G, No, Eta I {AIC, No): (321)253 -2869 E -MAIL liz fhmii.com ADDRESS: PRODUCER 00006154 CUSTOMER ID R. INSURER(S) AFFORDING COVERAGE NAIC INSURED Hector Hurtado, DBA: Buena Vista Lawn Service 155 Chaloupe Terr Sebastian FL 32958 INSURER A :Travelers Home Marine Company INSURER 0 INSURERC: INSURER D INSURER E INSURER CERTIFICATE HOLDER City of Sebastian 1225 Main Street Sebastian, FL 32958 ACORD 25 (20091 1NS025 (200909) CERTIFICATE NUMBER :CL1071400074 The ACORD name and logo a CANCELLATION -Cl/l ni nlilnnO eo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ad c 1 reg tired marks of AC RD ©1988 -2009 ACORD CORPORATION. All rights reserved. FL HIWAY MARINE 1701 0*0n1 #9 SEBASTIAN, FL 32958 772-589-8922 Certificate of Insurance Certificate Holde Insured Agent CITY OF SEBAST)AN HECTOR HURTADO H'HKWAY&MARINE 1225 MAIN ST BUENAVISTA LAWN SERVICE 1701 US HWY 1 #9 SEBASTIAN, FL]Z958 155 CHALOUPE TERRACE SEBASTIAN, FL]Z958 SEBASTIAN, FL 32958 This document certifies that insurance po identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, after, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Poicy Effective Date: Aug 13. 2080 Pohcy Expiration Date: Aug 13, 2010 Insurance coverage(s) Limits Bodiy Injury/Property Damage $1.O0lOOO Combined Single Limit Uninsured Motorist $10,000/$20,000 Non-Stacked Personal Injury Protection $10,000 w/$0 Ded Named |nsd&Relative Description of Location/Vehicles/Special Items Scheduled autos only Certificate number 10510RV|085 Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. Form 5241 (10/02) Policy number: 04304985'0 Underwritten by: Progressive Express Ins Company July 14, 2010 Page 1 of 1 #3 PRICE PROPOSAL FORM After having eXarained alt-specifiCations, Cohttaet/Agreement Documents, and other documents relative to the ReqUest for PropDsab I, the undersigned hereby propose to furnish and mowing services in accordance with strict conformity to all requirements and specifications. The following prOposal met s and ot exceed s specifications as set forth herein. ITEM ITEM DESCRIPTION Improved Real ProPetty tci 1/4 acre in size #2 Improved: Real Property 112 acre. in size, 'Unimproved Re& Property—Five (.5) foot cut back ol nuisance' oVerigovvt1L #4 Junk Clean4.145 Items ,..11tepas1-1 ankUteindi2:„:„., 55 0 0 Per liPlAr 40.013 pe R our By the signatur e aftked below the vendor agrecs that this bid is made without any Other understanding;.agreement, or coniiectjbn with any person, torpota4oN or firm ‘iibrnifting, a bid f� t the S'. anchbat the bid is in all respectS fair an. collusion or Traud. If awarded this hia; I agree toi execute/enter into said agreement within (15) consecutive calendar- days notice Cit:4, and a tO- all the terms ata conditions of all documents stated herein, with f '.0 stipulated ptice:. IL* ,....4 Ara 3291 SE LIONEL TERRACE Atiflioti' zgia.-. re Address' MARGARET FENTON, VICE PRESIDENT STUART FL 34997 Printed Name Title, City, State ZiO, COde: SUNSHINE LAND DESIGN, INC. 7727_283-2648 Company `TelePlioneNnmber ,o7/2.6419 Date enton@su,nshinelanddesign cora Email Addre$S 772-283-8944 Nuniber 772-260-0598 C N Ce ll one u rn er P 60.00 80.00 R CUT Jo '4 Acre U to Yz Acre PRICE PER frOUR rt[ ASRIADD'l. INSRC TYPE OF INSURANCE PDUCY NUMBER POUCY EFFECTIVE DATE (MMIDDI YT► POLICY EXPIRATION DOTE (MM /DD/FYI LIMITS .TR GENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE PR M SF occu eneol 1 CLAIMS MADE t l OCCUR MED EXP (Any one parson) S PERSONA(, MW INJURY GENERAL AGGREGATE 5 GENII AGGREGATE LIMIT APPUES PER; POLICY T1 JECT El LOC PRODUCTS COMPIOP AGG 7 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (FA accident) 5 BODILY INJURY (Par parson) BODILY INJURY War occident) 5 PROPERTY DAMAGE (Per ecCldent) 5 GARAGE LIABIUTY ANY AUTO AUTO ONLY EA ACCIOENT 0 EA ACC f AUTO ONLY: AGG S EXCESS/UMBRELLA LIABIUTY OCCUR CLAIMS MADE EACH OCCURRENCE 5 AGGREGATE S —'1 I DEDUCTIBLE 1 I RETENTION 5 S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 11 yes, ddacrOD° uN;NY SPECIAL PROVISIONS below WCV7047275 11/01/09 11/01/10 X J f flRY f 1MtrR 1 1 R i E.L. EACH ACCIDENT S100 000 E,L. DISEASE EA EMPLOYEE 5100,000 $500,000 E.L. DISEASE POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES 1 EXCLUEION8 ADDED sr ENDORSEMENT SPECIAL PROVISIONS RX Date /Time 07/28/2010 09 :30 JUL -28 -2010 09 45 SUNSHINE LAND DESIGN ACORD. CERTIFICATE OF LIABILITY INu THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A! Employers Preferred Insurance Compan INSURER B: INSURER C; INSURER 0: INSURER E: NAIC 10348 +RODUCER Neils Fargo Ins Spry USA- TA,FL X600 W. Cypress St, Suite 200 Box 25277 (Zip 33622) apa, FL 33607 NSURED CERTIFICATE HOLDER Sunshine Land Design, inc. Frankie Taylor 3291 Lionel Terrace Stuart, FL 34997 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. City of Sebastian 1225 Main Street Sebastian, FL 32958 ACORD 25 (2001/08) 1 of 2 #M1528160 CANCELLATION AU HORLZED REPRESENTATIVE RI<R P.001 P.01 /01 11/06/2009 SHOULD ANY OF THE ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO /RAIL "10 DAYS WNITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. TAL01 O ACORD CORPORATION 1988 RX Date /Time 08/31/2010 15 :25 AUG -31 -2010 15:41 SUNSHINE LAND DESIGN (�VIC/J I.CK i into/A 1 C VP LIMDIL 1 1 1 111%/V11Pttrvl..• P,001 P.01/01 07/21/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ORTANT: If the cert)fl holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. IUSUEROGAT1ON 1S WAIVED, subject to me terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorlsement(s). PRODUCER R.V. Johnson Insurance 2041 SE Ocean Blvd Stuart FL 34996 Phone:772 -287 -3366 Fax:772-287-4439 INSURED A A B GENERAL LIABILITY X X ACORES 26 (2009/09) Sunshine Land Design, Inc. PO Box 559 Port Salerno FL 34992 TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS•MADE C OCCUR Contractual Liab GENT. AGGREGATE LIMIT APPLIES PER I POLICY rXl PRO. ri LOC ;p AUTOMOBILE LIABILITY X ANY AUTO AI,t.OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON -OWNED AUTOS X PIP $10,000 UMBRELLA LIAO EXCESS UAH CLAIMS -MADE X OCCUR DEDUCTIBLE X RETENTION 5 10,000 W6RKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECIJTN OFFICER/MEMBER EXCLUDED'? (Mandetery In NH) Ir yes, describe under DESCRIPTION OF OPERATIONS bebw Equipment Floater CERTIFICATE HOLDER Y/N AWL INSR NIA City of Sebastian 1225 Main St. t Sebastian FL 32959 -0000 SunN WvD POUCY NUMBER GL00089072 CA00140022 UMB00092122 NOT COVERED WITH RVJ C (00047392 CITSE03 LUN in NAME: PHONE A (NC No, Ext): DDRE SS: PRODUl. l4 CUSTOMER ID e: SUNSH -6 INSURER/S) AFFORDING COVERAGE INSURER A: National 'rivet Insurance Co INSURER FCCI Insurance Company INSURER C: INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 7)-1181S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMEYS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRSR LTR POWGY Err (MWOD/YVYY) 07/30/10 07/30/10 07/30/10 07/30/10 CANCELLATION 07/30/11 07/30/11 07/30/11 07/30/11 C rtific Holder list d as additio al insured p En CGL084 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES aE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WR.L BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE (MM /PDT) AIC, No): LIMITS EACH OCCURRENCE PREMISES o R ene) MED EXP (Any ens person) PERSONAL R ADV INJURY GENERAL AGGREGATE PRODUCTS• COMP /OP AGO SINGLELIMIf =went) S 1,000, 000 00DILY INJURY (Per porcon) S BODILY INJURY (Par ecc dent) 5 5 EACH OCCURRENCE s 1 000, 000 AGGREGATE s 1 000_000 S PROPERTY DAMAGE (Per accident) WCL 1 A N• TORY S LIMITS I I E.L. EACH ACCIDENT S E,L. DISEASE EA EMPLOYEE S El, DISEASE POLICY LIMIT s Limit: $1,837,094. 41 811-2008 A D CORPORATION.`All rights reserved. The ACORD name and logo are registered marks of ACORD $1 000,000 6200,000 55,000 51,000,000 52 52,000 S TrITl11 o M4 NAIL 0 20141 ITENI ITE:I DESCRIP7'IOOON PRICE PER CUT l Improved Real Pro up to 1/4 acre in size 55.00 Up to 1'4 Acres Improved Real Property 1/2 acre in size S 75.00 Up to '2 Acn PRICE PER HOUR Unimproved Real Property Five (5') foot cut back of nuisance overgrow. th. 5 60.00 Per Hour #4 Junk Debris Clean -Up Items not included in Items #1 and Item #2 5 45.00 Per Hour After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Request for Proposal, 1 the undersigned hereby propose to furnish and mowing services in accordance with strict conformity to all requirements and specifications. The following proposal meets and or exceeds specifications as set forth herein. By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement. or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid. I agree to execute /enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with t 'its of Sebastian, for the above stipulated price. Autho e'+l Signature David G Clarius Printed Name Title DGC Environmental Services, Inc. Company July 21St, 2010 Date office@dgcenvironmental.com Email Address PRICE PROPOSAL FORM 853 South Kings Highway Address Fort Pierce, FL 34945 City, State, Zip Code (772) 467 9224 Telephone Number (772) 467 9226 Fax Number (561) 827 6650 Cell Phone Number 91 CERTIFICATE OF LIABILITY INSURANCE DATE IMlwoom) D' ""D Certificate ID; 237960 PRODUCER Aun Rkrk Sululitsm, Inv, urFL 1001 Reldt4r Buy Drive, Ruda N111M Miami, FL 3,'11 31.4937 Phone: 000443-9130 Fax: 000- 622 -/514 THIS CERTIFICATE L5 ISSUED ASA MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED ADP To ISoumoe NH XXVIII, Inc. 10200 SunsetDnve Miami, FL 33173 ALTERNATE EMPLOYER DGC enjt nrentl& CONiW, kit: DOA Currrrn(n Areas Mainlerurme 053 S King's Highway Fewl PawAA, Ft 7494% It•GURER Knees NeliondInsuranceCo 238,7 INSURER R. INSURER C It tlraFR D INSURER F.: �.1�A1/'•.i1�...t 11 >{„k6� ,d :i' .t }4 rr,•,)'t['a;. :TYS° N;• ;.^.i:••.^>::: s Z•..S^ 1�'i?;°^•.!'! es• >�i: •ln,.. a 1 e. 1 iH2 e ,f +1. 4 t i g r •.w "Y r; r /i., ',Y.f ..z...: y nit: yt p.dr�.. �x i 1 �Y✓ r• r? f' f I. y�i'£ w Y y 4 f 7�' S r` •.�i i: I f "dTf •T ±'`•Ti�lil THE POLICIES OF INSURANCE LISTED BELOW KAVE BEEN ISSUlU '10 IHE INSURED NAMED] ABOVE KM 1HE I'OLICY PERIOD INDICAIEO, NOTWITHSTANDING ANY REQUIREMENT, PERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUCD OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN LS SUBJECT TO AU. THE TERMS, EXCLUSIONS, AND CONDITtONs OF SUCH POLICIES. AGGREGATE LIM/TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SI[ONN ARE AN II EQIHSTHD. LIR LTR A00'.. INBfID me Or rwlWrrANICC racy wyycw PQICY EFFECTIVE DATE 11eeDDIWW) ►QtGY EXPIRATION GATE ■rDOrYVYY) Lours CL.NERAL LIARILDY 0 COMM'NCML CFNFItAL LIANA me O CLAM MADE 0 OCCUR GENL AGGREGATE mart N'HL IEt:PER. OPQICY O PRO.6C1 0 LOC EACH OCCURRPNCF 5 DAMAGE TO RENTED PREMISEb IEJocrurronreI MED FXP (My one Per on) 5 PFRSCNAI It ATN INJURY GENERAL ACCRE CATE 5 PRODUCTS COUP /OP ACC 0 AUTOMOBILE LIABILITY 0 ANY AU 0 AI,I rIN n 1Unn5 0Pat:t%Ahuwutos 0 utREO M1FOS D NON OMB D AU?OS GDMeIWFO MO F I HOC IEa atejIonO 8t70 INJURY IPA/ pnr tm) RCOIIc INJURY (Per ttccidenl) PROPERTY DAMAGE (Pet atcldont) 0 OA 4 Qg IUT O ANY ALPO AUTO ONLY EA ACCIDENT OTHER THAN ACC AUTO r1NI V. ACC EXCESS /UMORI:LLA UAOILITY OOCW 0 MAIMS MAOe Da- rurTIRt F ORVIENTIQI EACH OCC•LIRRF S ACtxtFGATF 5 5 5 A WORKERS' CLOMriFNfiATiCN ANp F V IC MFRS' Y/N WC 050339950 FL 07/01110 07/01111 ®WC WAIU• 0 TunY LIMI! a•• •Ir.�,. -e;, P. V4 A M• In1t101na) M/ VAN INMM C I/Mr.1111VM Os. hICF:HAILMLIM :XCLUDtu7 iMra./.ry WNW) n Yet. E mint onto NPFr.IM PROVISI04%I.r> E.L. EACH ACCIDENT 52.000,000 EL. DISEASE EA EMPLOYEE 52,000.0On EL. DISEASE- POLICY UMIT s 52,000,000 DINER DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENY r SPECIAL PROVISIONS AN warksite employees working for the above named client cnmpeny, paid under ADP TOTALSOuRCE, INO, a phyrtlll. Ann raiment! urulrr 941 jibnun nIzalrrl poky. The :ttrt,u,, named client is an alternate employer under this party. KO. �1rpf �(�i }�yt� of '$;1�S.�wf�q:'. <`'�tS.o+ta e::T` �4di�itS Irn,:T;°(I i/ `.r' ,7 .i:'2:; :1J,jS11 r l f(, r. �r 410 t:. •,i.: ^r!'t :t• •i'. r ..1.. `9i: ,,:_g:g.:.. -'F iwF4ihaw:•!w �.i e::.,r .!fln n. I i. lik: ek' M n; i4l::. GY.... ia.`.' �v1; L�: wY:. I` yI` ii, �C: t��1' i': N'' is�V7 :ilTSt°G't)�'1:..,1SF..u�.w: 1r�41,1r W.1"!4: A•..r.�3!.'%� Qty or sob t 1 r SHOULD ANY OF THE ABOvF. UT,°.CRIRF.D POLICIES RF. CANCELLED BEFORE THE FXPRATI(N DATE 1225 Main Mm Hg IY,.1 THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I./Ail 9n DAYS WRITTEN NOME TO THE Sebastian. FL 32056 IiS CERTIFICATE HOLDER NAMED TO THE LEFT, RUT FA LURF TO DO SO SHALL L IMPOSE NO ORLIGATION Y3.1 CR L IARILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 0 AUTHORIZED REPRESENTATIVE r:-..;, eon. ask 'o ion.6, Rae- o f f %tt'a :..e a,u,.o,..:,•.e.w rr r <a a :ry n r sr.� t M y r .s`N A.•T.CO:. rr `,�1 t Y i ..wr ts np�����'/ pry 41 Y m _�r-�1 1. t,., iA. 7f-` wY P. '.`)<_......��.'S.:��'iY.L�''r 4"•�i.'::., i rf.• .::b., �M /`.r i�. N/! S�V/rVVlA4l.NY.t�4�/l{r� \'>M tfRlaQf�P!� FOS Daterrime 08/26/2010 16:51 772 467 9226 Rug 26 10 04:57p DGC Environmental b/26/Z010 10:b5:42 AM F''axserver The ACORD name end lotto are registered marks of ACORD (7721 467 -3226 X300 -b22 -1514 P, p.1 Page 2 ANY REQUIREMENT, TERM OR CONDITION F G oCCPI IJJVC V IV MC INUUKLD NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTA NDING MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE MS, EXCLUSIONS AN C ND BE ISSD TIONS OF OR SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, GANCFI 1 AIDS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED seFoRe THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 PAYS WRITTEN NOTICE TO THE CErrrIFIr City of Sebastian 1225 Main Street Sebastian, FL 32958 :ATE HOLDER NAMED TO THE LEFT, OUT FAILURE TO MAIL SUCH NOTICE SHAU. IMPOSE NO OBUCATION OR LIABILITY of ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATNE S. AUTHORLZEDRCF'RCSENTATNE Sean Thomas /LOKERB Armen •S /DAM /AM ANY REQUIREMENT, TERM OR CONDITION F G oCCPI IJJVC V IV MC INUUKLD NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTA NDING MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE MS, EXCLUSIONS AN C ND BE ISSD TIONS OF OR SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRIZo`L I trQN TYPE OF INSURANCE POLICY NUMBER ESB1881130901 POLICY EFFECTIVE 1 POLICY EXPIRATION LIMITS I CENERAL LIABILITY A X X X 1.t1MM1 hi :1A1 f)I.NI,FRAL LIADILIT" CLw, MACH: I X I MCI Di Professional Liab Contractors Poll 10/13/2009 10/13/2010 EACH`xcuoRr..Ncr 1, 000,000 t 50,000 5,000 CrrWAI.0 TO hi NII I I'TEMI ��d1Ll1F"l prrmr nj M,'I: 1 XI (Any ono IT1rSiu1) prk: x ALw INJUNY s 1,000,000 s 2 000 000 i 2 1 000, 000 Gr.NI:RAI t,k! ON '.At;CuL AWL LIMITA.'PLCS PER 1LN 1 Pci It:Y 1 ..:1 I iv., rror�K:TI'; Y:t>fw+,ui N AUTOMORILF.LIARMITV XJ ANY AIJr' v uwN 1 0) AZ34104396 C) ADJ6488503 10/13/2009 10/13/2009 2009 10/13/2010 10 10/13/2010 "Nt;INLUSINUELIMIT U _n a..:M nt; 1,000,000 X .I IU ht) C IA. 1,117 II N.U•':; Hid O AUTOS NnnuowF ;['N.Ii� (L'1 HL', MARY (I-,x !vrr:M 9• _X. rd1 H;,WI)ILY INJURY {I' ,r n(•Gi it PROPFATY r)tv w n' (Po m:cidnrnl GARAGE LIANII.17Y ANY AIUT ;,111 r1 ONLY •r -A ACCIDENT ,jlH FAArr AUIUU r NLY: A. S A EXCESSIUMBRELLA LIABILITY C4:1_uie r CLAIM:. MADE r'X'CAJ i 1'i If NrIQN ES01881200901 10/13/2009 10/13/2010 (:A1:H!x cIJKO NCC Z 9,000, 000 3 9,000,000 A'.iGRFW�Tr A T. 0 WORKERS COMPENSATION AND EMPLOYERS• LIABILITY 'WY H HOIN I VIOR/PARTNI'RfrXII:1N Iv, .:1 I ICU +MIL•MULI: EXCLIJ.II IN It v. y.. ai.ci s V UI II1v F•k1IVD:Arr..I>r,1nw I WI' :,TAT11 111• ItniY LRAI:L I __L ..kJ C L. EACI•lN '.1171'N1 v y F 1 1. ;1:A_ 1. VA CNF�LO` /r r Ii L.DIZEN;- poLMJY LiMIi 3 Leasc d,Rented or Borrowed Contractors Equipment 45464395 10/15/2009 10/15/2010 Limit 5100,000 Deductible 1,000 DESCRI ON Of OPERATIONS f LOCATIONS I vFHICLES /.EXCLUSIONS ADDEO BY ENO DRS I CPCCIAI PROVISIONS 2erti holder is additional insured with respects to general liability as required by written contract per form ESBCOM1108279 and auto liability per form CA00010306. rDTIrIr A'r 1.1"1 ncn RX Date /Time 08/27/2010 12 :40 772 467 9226 Rug 27 10 12:47p DGC Environmental ACORQ CERTIFICATE OF LIABILITY INSURANCE PRODUCER 561 77 6 -0660 FAX (561)776 -0670 Insurance Office of America, Inc. Abacoa Town Center 1200 University Blvd_, Ste 200 Jupiter, FL 33458 INSUNLU DGC Envlronlnentel Services, Inc. Common Areas Maintenance 853 S. Kings Highway Ft. Pierce, FL 34945 COVERAGES THE P OLICIE S O F IN (7721 467 9226 I MTE (MMIDDA'I 08/16/2010 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE IN: ;LIII-.):A: Hudson Specialty Ins Co INr,LIRrRr1 Hanover Ameri Ins Co 11.1!:1.11.t1“; MASS BAY ins Co IN:a.ITY:ro: Federal Insurance Company W :Aun 111 NAIC u 37079 36064 36064 P,003 p.3 ©ACORD CORPORATION 1999 Itn ua tef I i me W/27/2010 12:40 772 467 9226 Rug 27 10 12:47p DGC Environmental Z ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, tho policy(ios) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing inSUrer(s), authorized representative or producer, and the certificate holder, does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. P,004 (772) 467 -9226 p. 4 Subject: Insurance Update A Club Agreement Consideration A. r ro a r Submittal by: Agenda No. CD. Department Origin: City Attorney: City Manager City Clerk: Date Submitted: 2 SEP 10 i ne City Manager EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At the August 25 Regular Meeting, Council was asked to consider a use agreement with the Art Club for exclusive use of the office facility located at 1245 Main Street (see exhibit in attached agreement). Council tabled the issue in order to receive more information about insurance requirements for city facility uses. This item has been placed on the agenda in order to (1) provide Council an update on insurance requirements; and, (2) reconsider /direct staff on the Art Club use request. INSURANCE REQUIREMENT UPDATE The City of Sebastian does not have a formal insurance policy for the use or lease of City facilities. In an effort to provide information on this matter, the City has on record a number of leases /agreements that pertain to the use of public facilities. These agreements can be divided into the following categories (1) leases at the Airport; (2) use agreements at the City Hall Complex, which include Boys Girls Club and uses at the "old school house (3) Park Uses, for major events; (4) Barber Street Sports Complex; and, (5) other miscellaneous agreements. For the most part, all the leases /agreements are somewhat similar in that they require general liability insurance and indemnity statements. Some agreements only provide for indemnity statements. Research found that many of the certificates of insurance on file were expired. As of this writing, staff is currently working to receive updated certificates. In moving forward, staff does not recommend changing any of the existing agreements. Staff recommends that each lease /agreement should be examined to determine public purpose and liability exposure in order to determine what type of insurance or indemnity requirements should be provided. Council should also be informed that many of the standard (minor events) Park Use Agreements do not require certificates of insurance or indemnity statements. For example, when the Community Center is leased or when parks are used for a private function, the City has not required certificates of insurance or indemnity statements. However, the City's general liability insurance does mitigate these risks. Attached for your review is a list of agreements or leases on file in the City Clerk's Office. These leases account for the major exposures at City facilities. ART CLUB LEASE RECONSIDERATION As this issue relates to the Art Club request, Council should be informed that there are a number of informal agreements with civic groups that use City facilities. These groups are the Quilters Club, Art Club, Card Club, SPOA, AA, Sea Scouts, and the Power Squadron. These groups generally use the Yacht Club or the Old City Hall Council Chambers at 1245 Main Street without any formal agreement. This process has worked without incident. However, because the Art Club issue (1) sought exclusive use of the office facility at 1245 Main Street; and, (2) came at a time after Council had considered new facility /park use requirements, I felt it important to discuss this matter with the full Council publicly. Hence the nature of the informal use agreement Council tabled at the last meeting. With the insurance information now reviewed, several use options exist for the Art Club use proposal. The options are as follows: 1. Art Club can organize formally and execute a formal use agreement with the City, providing for certificates of insurance and liability. 2. Execute an informal written agreement with the Art Club, which is attached hereto. 3. Provide the City Manager authority to execute an informal verbal agreement with the Art Club for use of the facility. Staff recommends option 2 or 3. RECOMMENDATION k t U) w 0 oA 6 0 CNI 0 0 P 0 E 0 8� Ia. V G J 2 0) stS a) o) 2 q 75 Y ea 0 0 as m� 0_ e U) m cc _J (0 1 2 3 k q 0 2 m w 0 CO CO CO CO CO CO 0 0 0 v 0. 0 0 0 E a 0. 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The CITY shall repair air conditioning. I. USE OF PREMISES The ART CLUB seeks use of the Premises for display and sale of art work. Attached hereto, marked Exhibit A, is a diagram showing the area which the ART CLUB shall occupy. II. MAINTENANCE, REPAIRS AND RENT In exchange for the use of the facility, ART CLUB shall perform interior painting/wall repair, repair of interior plumbing fixtures, replacement of lights and light fixtures and routine cleaning. III. POSSESSION AND ACCESS The rights granted ART CLUB herein related to use of the public facility do not in any way constitute possession of the Premises by ART CLUB. At all times CITY retains all rights of control and access to facilities subject to this agreement. IV. CONTENTS The CITY shall not be responsible for any personal property of ART CLUB that may be lost, stolen or damaged during the use of the facility. V. ART CLUB RESPONSIBILITY ART CLUB shall not commit or permit the commission of any acts on the Premises that: a. Violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Premises; or b. Constitutes the commission of waste on the premises or the commission or maintenance of a nuisance, or damage. VI. ASSIGNMENT ART CLUB may not assign, or otherwise transfer any right or interest in this Agreement. VII. DESTRUCTION OF PREMISES In the event the building and /or other improvements erected on the Premises are destroyed or damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditure toward the repair and /or replacement of the building and other improvements on the Premises. CITY, at its option, shall either cause said building and /or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY and ART CLUB shall have no claims against any insurance proceeds paid on account of such damage. VII. ALTERATIONS Accept as provided in Section II, ART CLUB shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises by ART CLUB shall be made at the sole cost and expense of ART CLUB, but shall be the property of CITY. 59 IX. TERMINATION Either party may terminate this Agreement with 30 days written notice. X. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given shall be directed to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney ATTEST: By: ART CLUB: XI. WHOLE AGREEMENT Sebastian River Art Club PO Box 780534 Sebastian, FL 32978 Attn: Toni Hill This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. EXECUTED on this day of 2010, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN Sally A. Maio, MMC Al Minner, City Manager City Clerk SEBASTIAN ART CLUB By: Its: A td w 1 OD 0 0 4 z. N t. ARC, H b7 H HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R -10 -27 Urging IRC to Maintain Funding for Lifeguard Services at Treasure Shores Beach Park A pro d for Submittal by: 1 n er, City Manager Agenda No: /0.1 Z Department Origin: City Cl as Directed by City Council� City Attorney: Date Submitted: 8/31/2010 For Agenda of: 9/8/2010 Exhibits: R- 10 -27, Letter to IRC Commission from Frank Bilotta SUMMARY STATEMENT City Council, at its August 25, 2010, after hearing input and a request for assistance from City resident Frank Bilotta regarding Indian River County's plan to remove funding for lifeguards and leave Treasure Shores Beach Park as an unguarded park, directed staff to prepare an agenda urging the County to continue lifeguard services for the next regular Council meeting. At City Council's discretion: Move to adopt Resolution No. R- 10 -27. RECOMMENDED ACTION RESOLUTION NO. R -10 -27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS TO MAINTAIN FUNDING FOR LIFEGUARD SERVICES AT TREASURE SHORES BEACH PARK IN THE FISCAL YEAR 2010 -2011 INDIAN RIVER COUNTY BUDGET; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners will consider the FY 2010 -2011 Budget at its budget hearings on September 8 and 15, 2010; and WHEREAS, Indian River County staff has recommended a savings of $119,000 in the FY 2010 -2011 County Budget by eliminating seven lifeguard positions and leaving Treasure Shores Beach Park unguarded; and WHEREAS, City and County residents and visitors have signed petitions urging the Board of County Commissioners to maintain lifeguard services at Treasure Shores Park based on public safety, quality of life and handicapped access issues; and WHEREAS, Treasure Shores Beach Park, according to the County's website is designated as the Americans with Disabilities Act (ADA) beach access park for Indian River County and according to the FY 2008 -2009 County budget, had 39,100 visitors; and WHEREAS, rip currents continue to be a safety concern for beach goers, which have been the primary a factor in drowning accidents and lifeguards help mitigate this life safety issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The City Council of the City of Sebastian, Indian River County, Florida, strongly urges the Indian River County Board of County Commissioners to maintain funding for lifeguard services at Treasure Shores Beach Park for the safety of its residents and visitors. ATTEST: SECTION 2. This resolution shall become effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright The Resolution was duly passed and adopted this day of 2010. Sally A. Maio, MMC, City Clerk Approved As to Form and Legality For Reliance by the City Of Sebastian Only: By: Robert A. Ginsburg, City Attorney C� J August 30, 2010 Commissioner Indian River County Administration Complex 1801 27th Street Vero Beach FL 32960 -3388 Dear Commissioner, J f SEBAS I rii4 OFFICE OF CITY CLERK 2010 RUG 30 PM 4 07 Thank you in advance for the opportunity to reintroduce myself. I had the opportunity to address the commission during its budget workshop. It was only a few days after I surprisingly learned of the plan to, as it was published in the Press Journal, close Treasure Shores Beach Park. It was clarified at that meeting that the beach would be left unguarded instead. As my wife and I have used that beach since shortly after our arrival here as permanent residents in 2004, this causes me great concern. After leaving that meeting and contemplating the events of that day, I felt I owed it to myself to learn more about this issue so I could better understand it and discuss it. In the ensuing weeks, I did indeed learn things I didn't know. And, in the interest of the betterment of this place my wife and I are so proud to call our home, I would like to share them with you. In this light, you can make the decision to keep our beaches safe, as they have been since long before we arrived here. What I learned: Treasure Shores Beach Park is Indian River County's official ADA beach. It is the only North County beach park with "at- grade" access. Lately, I have opened my eyes and actually noticed people with wheelchairs and canes using this beach! In the August 2010 copy of Florida Travel and Life magazine, guess which beach was named the Number two beach in Florida? Treasure Shores Beach Park! (See copy included) Public Opinion. Shortly after that meeting, other individuals and I began a petition drive to judge support in the community for keeping our beaches guarded. If enough people ignored us, I figured we would just forget about it and let life go on as it would. However, from then until now, over 1,800 people have engaged and signed this petition. In fact, most people I spoke with are in disbelief that this could even be a consideration. Earlier this month, as Palm Beach considered a similar move, WFLX -TV conducted a survey as part of its Ten O'Clock Newscast. In that survey, 88% of respondents felt removing lifeguards to be a "bad idea Our results here are more convincing as out of everyone I have had contact with, no one has refused to sign or asked me to go away. Tourism drives our area. The Indian River County Chamber of Commerce calls agriculture and tourism our two largest industries. It points out that our population, currently at 141,667 grows approximately two percent annually. This quote from Karl Zimmerman, president of the Indian River County Realtors Association appeared a few weeks ago in the Press Journal. He said: "People here have friends, and they invite them here then they become attracted to the ambiance here, the quality of life we have to offer. It is a word of mouth kind of thing, but more people know about Vero Beach than we realize." We personally can relate, as a friend of ours from Western New York who has visited us for the past few years will be renting here during her winter break for the first time. Guess which beach she was taken to during each of her previous visits? Treasure Shores. As a side -note, while the Gulf situation has been alleviated, we must remember there remain 9,000+ more opportunities every day for the same thing to happen there all over again. This keeps us in a great tourism situation for the future. Safety. In the past two weeks, my wife and I along with other swimmers were warned to leave the water because of sharks. We were warned about dangerous sea life and rip currents this weekend because of the wave activity. Over time, residents learn more and more about the perils of our ocean environment. But, how does this play out for tourists who are our economic bread and butter? Many are here for the first time. Many are handicapped visitors. I was comforted to learn that Indian River County requires its lifeguards to be Emergency Medical Technicians. I also learned that in addition to being first- responders for emergencies, many were utilized in shelters during the hurricanes of 2004. This means, they bring county residents additional benefits as potentially they could be utilized to back -up our Fire- Rescue personnel in the event of an extensive emergency situation. This past weekend and this week are prime examples of the beginning of the peak of this year's hurricane season. We have this experienced staff prepared and ready to go. Concerning Treasure Shores Beach Park, a few people who were rescued by our lifeguards identified themselves. They are examples of this concern for public safety in our county. Front -line defense benefit. Just a few days ago, I saw pictures of a yacht that dropped off illegal immigrants along the shore near West Palm Beach, the community I cannot remember. Our five county beach parks are actually active daytime lookouts for undesirables. (Examples: illegal immigrants, drugs and drug smugglers, those who would present a threat to our homeland security, etc.) Perhaps part of the funding for our lifeguard positions could be offset with homeland security grants, etc. which may be available from state or federal authorities. Economic benefit. Those who utilize our North County beaches spend money in our area. If they are coming from Sebastian, Vero Lake Estates, Fellsmere or Brevard (as many do), they are patronizing our North County area businesses on their way to the beaches. On another note, I am a bit confused. I must admit, as I watched my taxes go down and down, I never thought of the mechanics of how they work. After attending and actively listening during your workshop and studying a copy of the budget workbook afterward I noticed something that confused me. I can understand that the unincorporated county might be assessed at a different rate for let's say, requiring our Sheriff's Department for its prime source of law enforcement compared to our cities, as in my case, Sebastian which has its own police department. And since county beaches are available to all county residents, it would seem to make sense that we all share in that benefit as well as expense. Perhaps in this way, concerns of a recurring budget problem could be alleviated. I remember reading our county's Mission Statement. The two items I remember are Public Safety and Quality of Life. Treasure Shores Beach Park and the personnel that keep it safe for all of us are emblematic of both of these attributes. These are the things that those who came before us had the foresight to know make us great. I have met many of those who are trying to understand why anyone would tamper with the things that make us great and will keep us a great place to live into the future. Grown -ups understand that a "free- lunch" does not exist. They also understand there are things worth paying for. Perhaps, their own safety, the safety of their family as well as their quality of life and community pride are among those things With this in mind, I hope you will find a way to retain one of our county's finest attributes. Please, keep our beaches open and safe. Thank you for your time and consideration. Sincerely, Frank Bilotta 994 S. Easy St. Sebastian FL 32958 AUGUST 2010 U.S. $4.9' 1101 111 1 1111 08 11111 nurture a robust gallery circuit and a nonstop calendar of film, music and art festivals as well as a thriving foodie scene. A trim fellow in his late 40s with the cut of a triathlete, Rauschkolb originally came here to surf "When it's good, it's great," he says of the occasional swells) and stayed to become a true believer in the power of positive plan ning. Toasting sunset with a beer at Bud Alley's Roof Deck Bar, he says of his beloved 30A, "It's a beautiful place of gathering, shelter and nourishment." Somehow, his statement doesn't sound chamber -of- commerce corny. Not once you've visited the place, which indeed feels like a uto- pia built on a foundation of Appalachian sand and Gulf Coast waters. See the sites: beachesofsouthwalton.corn; 30a.com; sowal.com timeless treasures SEBASTIAN INLET TO VERO BEACH Ft EST FOR THOSE WHO LOVE THE ATLANTIC OCEAN Wisconsin, Ontario, Kentucky, Maine, Indiana, Michigan, New York, Quebec —on a sunny spring afternoon in the parking lot at Treasure Shores Beach Park, these out -of -state plates are running at better than 6-to-1. Out on the beach, a healthy stretch of sand with no end in sight in either direction, most of the grown -up spring- breakers remain clustered with their lounge chairs facing southwest, the best direction for soaking up the rays. It's as if these snowbirds are endowed with the finely calibrated migratory instincts of their avian counterparts, flocking here because they've alighted precisely in the climate zone where the tropics begin. On this hospitable stretch of Central Florida's east coast from Sebastian Inlet south to Vero Beach, nature is encouraged to flour- ish in the midst of a barrier island that's a patchwork of protected habitats, public beaches and gated communities. 'As a paddler and a naturalist, this is paradise to me," says Kristen Beck of Kayaks Etc., a local outfitter, as she navigates a tandem kayak through the shallows of the Indian River Lagoon, just across A1A from Treasure Shores. Central Florida's beaches are the most important nesting grounds in the country for sea turtles, and Beck estimates that the lagoon and its mangrove- fringed islands are home to several hundred species of fish, 300 species of birds and myriad other creatures. "Yesterday, I was on the water for two hours and saw otters, manatees and dolphins," she says, even as her boat slips silently over small stingrays feeding in the sea grasses and beneath agnificent white pelicans whirling in thermals overhead. BEST BEACHES 2010 HOT SPOTS The lagoon meets the ocean at Sebastian Inlet, one of the premier surfing sites in the eastern United States. As a state park, the extra -wide beach and its extensive dune system are natural beau- ties with a raw, unspoiled feel; the huge jetty on the north side accounts for the superior surf conditions. The waves ricochet off it and create swells that have groomed generations of surfers. "Surf culture is part of who we are," says 47- year -old Mitch Varnes while overseeing the Surf Fest competition he puts on annually. As some of the top junior pros take turns riding smallish waves that make them work hard for their tricks, Varnes underlines Sebastian's claim to fame: "The great- est surfer in the history of mankind —Kelly Slater, nine -time world :��ruuu urur champion —grew up in Cocoa. This was his spot." Drop -in visitors are welcome as long as they observe the pecking order. "The best surfers get the best waves," Varnes says. "Novices can get in, but they won't get the first peak; they'll be down the beach." Things are decidedly more accommodating 20 minutes down the coast in Vero Beach, a town whose nickname among the young and restless —Zero Beach —is a backhanded tribute to its prevailing quietude. Restrictive signage rules help reinforce its low- wattage ambience, and a four -story building limit prevents the beach from becoming overbuilt and overcrowded; its main drag, Ocean Drive, doesn't even have stop lights. Several excellent hotels engage in friendly competition by offering a diversity of environments and fine dining in different modes. If the beachfront luxury boutique is your style, proceed directly to the Vero Beach Hotel Club and its New American restaurant, Cobalt. For the Miami vibe, check out Gloria Estefan's snazzy Costa d'Este and its Cuban- fusion eatery Oriente. Down in South Beach, Caribbean Court is a romantic inn with eclectic vintage Indian decor, and the floridatravellife.com july/august 41 Subject: First Reading of Ordinance 0 -10- 05 modifying the Parking Requirements in the Land Development Code section 54 -3 -15. A r! ed for Submittal by: City Manager Agenda No. i L'. (t✓ Department Origin: City Manager: City Attorney: City Clerk: Growth Management I Date Submitted: August 31, 2010 For Agenda of: September 8, 2010 er Exhibits: Ordinance No. 0 -10 -05 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: CRY OF HOME OF PELICAN ISLAND Ordinance 0 -10 -05 is attached for your consideration and is proposed to modify the City's parking requirements (Sec. 54 -3 -15 of the Land Development Code). At their meeting on July 14 City Council directed staff to propose changes to the development regulations that would provide a broader range of options and encourage redevelopment in the City's riverfront district. City Council has requested that these changes be made in ninety (90) days. These changes were provided first to the Local Planning Agency (the Planning and Zoning Commission) for their review on Thursday, August 19, 2010. The LPA forwards a favorable recommendation on the document and recommended several modifications to the text that are incorporated into this version presented for City Council review. Proposed changes to the code are shown in underlined text for additions, while deletions are shown in strikethrough format. The changes are primarily: SUMMARY 1) Modification to the existing off site parking requirements. Off-site parking spaces are utilized to create parking on adjacent property to assist a business in meeting their parking needs. Several businesses utilize this tool, and the Code currently limits the amount of off site parking to 25% and within 300 feet. Staff is recommending these limits be increased from 25% to 50% and 300 feet to 500 feet. These proposed numbers reflect the code requirements for the City of Vero Beach and Indian River County. The LPA discussed how the 500 feet is measured and recommended that the distance be measured from property li to property line. 2) Creation of a Parking -In- Lieu -Of Fund. The purpose of the fund is to provide developers with an alternative to providing on site parking by allowing developers to pay into a fund that will be earmarked for public parking improvements. The Parking -In- Lieu -Of Fund would be an option for any business or developer that is required to provide parking due to new construction, changes in use that require additional parking, or an addition to the building that would expand the existing parking needs. It should be noted that any existing business that is currently operating will not be required to provide or purchase additional parking. This program will provide an alternative to on site parking for developers and business owners that accomplish the following: Provide the developer or business owner with greater flexibility in site design and layout by reducing the need for on site parking; Aesthetic improvements to the overall street design and pedestrian view by replacing surface parking Tots with buildings and landscaping; Provide a funding source to complete public parking projects and to provide maintenance and informational materials. This option is available to commercial properties within the Commercial Riverfront (CR) and Commercial Waterfront Residential (CWR) districts only. This program cannot be utilized to meet the parking requirements of residential properties. Cities with active commercial, waterfront business districts have adopted similar programs. In summary: Allow up to 50% (with a cap of 30 spaces) of the required parking spaces to be provided through on street parking and parking in City owned parking lots within the Riverfront district (FEC RR to the River); together with and tied to a public parking space fund. Apply to all commercial uses, not residential uses This would provide equity to all existing or proposed businesses /sites. Provides opportunity for smaller existing (pre -code) buildings with virtually no parking and little remaining land area for parking to redevelop or change use (ie: from residential to retail, or office to retail, or retail to restaurant) Existing code compliant business —this proposed change would permit a existing conforming business to pay for public spaces, allowing it to expand building area, or change all or a portion of its uses to a more intense use (office to retail, retail to restaurant). Any existing business that is currently operating as a conforming business and meets their parking needs will not be required to pay a fee. The public parking that a business has chosen to pay for is not assigned or reserved, it is non exclusive. The Parking In Lieu of Fund would be set up as a segregated account and any funds collected are to be utilized for actual costs of parking: land acquisition or acquisition of parking facilities, construction, public information (wayfinding or directional signage), and planning and engineering. The cost per space is determined by dividing the costs of recent parking lot construction by the amount of spaces provided yielding a cost of $3,200 per space. This figure reflects costs the City has expended recently for Main Street parking improvements and estimated costs for improving the C.A.V. Corp. lot. Procedurally, following the recommendation for approval from the Local Planning Agency (LPA), the City Council will review the proposed Ordinance at two meetings (known as first and second reading). At the second reading, conduct a public hearing to gather input from residents and businesses. The associated fee will be established by Resolution of the City Council at second reading, coincidental with the adoption of the ordinance. RECOMMENDED ACTION Approve Ordinance 0 -10 -05 on first reading; and set second reading and public hearing on this item for September 22, 2010. Use Required Parking Auto sales. One space per 500 square feet of showroom and office space plus one space per 2,500 square feet of outdoor display area. Auto repair. Two spaces for each bay, grease rack or similar facility, plus one space per 400 square feet of office and /or sale area. No such bay, rack or similar facility shall be counted as a parking space for ORDINANCE NO. 0-10-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54 -3 -15 REGARDING PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify certain provisions of the off street parking code; and WHEREAS, the Local Planning Agency held a public hearing on August 19, 2010, and made a recommendation to City Council to approve Ordinance 0- 10 -05. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: 1 ARTICLE XV. OFF STREET PARKING REQUIREMENTS Sec. 54 -3 -15.1. Applicability. Parking shall be provided and maintained in all districts at all times. Perking and loading shall be reviewed at the time any building or structure is erected or enlarged or increased in capacity by a change of use or the addition of dwelling units, floor area, seats, employees or other factors determinative of parking or loading demand as stated in this article. Sec. 54 3 15.2. Parking spaces required by use. The following uses shall have such parking spaces as designated by this section: TABLE INSET: Formatted: Strikethrough f Deleted: The off- street p meeting the parking requirements of this article. Bar and lounges One space for each three persons based on the maximum capacity. Bowling lanes. Four spaces per lane plus the spaces otherwise required for accessory uses (restaurant and meeting rooms). Business and professional offices (excluding medical offices). One space for each 200 square feet of office space. Child care. One for each five children based on licensed capacity. Churches, temples, places of worship. One space for every four seats figuring maximum seating capacity. Convenience stores. One space per 150 square feet of retail area. Flea markets. Three spaces per booth Funeral homes. One space for every three seats within the chapel(s) plus one space per 300 square feet of all other building areas. Furniture and appliance stores and furniture repair shops. One space per 400 square feet of display area. Health clubs. One space per 200 square feet. Hospitals. Two spaces for each bed intended for patients, excluding bassinets. Hotels, motels One space for each unit plus one space for each 400 square feet of accessory meeting room(s). Kennels and animal hospitals. One space per 750 square feet. Libraries One space for each 300 square feet of gross building area. Manufacturing, and wholesale. One space for each 500 square feet of gross building area or one space for each employee of the shift of employees that employs the greatest number of employees, whichever is greater, plus one space for each vehicle operating from the premises. Marinas. One space for each 300 square feet of principal building; plus one parking space for each transient live aboard vessel slip, one space for every two wet slips, and one space for every four dry slips; plus Charter and party boats shall have one (1) parking space for every three occupants based on the maximum capacity of each such boat in accordance with the Coast Guard License issued to each such boat (This does not include "six- pack' boats which shall be calculated at two spaces per boat; plus Rental facilities for vessels, kayaks, canoes, rowboats, paddle boats, sailboat and sailboards of any kind, (hereinafter collectively referred to as "water transports shall maintain one space for every water transport. Medical offices, dental offices and outpatient clinics. One space for each 175 square feet. Mini storage. One space plus one per 3,000 square feet. Model home Five spaces. Museums. One space for each 300 square feet of gross building area. Nursing homes and assisted care facilities. 0.6 spaces per bed based on the maximum capacity of the building; plus one space per 200 square feet of medical offices within the facility. Plant nurseries One space per 250 square feet of indoor retail sales area plus one space per 1,000 square feet of greenhouse area plus one space per five thousand 5,000 square feet of exterior sales area. Areas of public assembly, theaters, auditoriums, public or private clubs or lodges. One space for every three persons figuring maximum occupancy. Public Parks and recreation Parks two spaces per acre. Athletic fields 20 spaces per field. Stadiums one space for each four seats; one seat is equal to two feet of bench length. Golf courses five spaces per hole plus the spaces otherwise required for accessory uses (restaurant and meeting rooms). Swimming pools one space per 100 square feet of pool surface area. Tennis two spaces per court. Residential, single family Two spaces for each single- family dwelling. Residential, duplex Two spaces for each dwelling unit. Residential, multifamily Two spaces for each dwelling unit. Residential, mobile home Two spaces for each single family dwelling. Residential, commercial resort One space per unit. Residential, mobile home parks or courts. Two spaces per unit; one must be at lot site. Restaurants (sit down). One and one -half spaces for each 100 square feet of gross floor area (excluding food preparation area) ,including outside customer service areas. Restaurants (take out only) Three parking spaces plus one additional space for each 200 square feet of gross building area. Restaurants (food service delivery only, no on -site consumption) One parking space for each 200 square feet of gross building area. Retail sales stores. One space per 150 square feet for buildings 5,000 square feet. One space per 200 square feet for buildings 5,000 and 10,000 square feet. One space per 250 square feet for buildings 10,000 square feet. Schools, junior high and elementary schools. One space for each ten students. Schools, high schools. One space for each four students. Transportation terminals. One space for each 200 square feet of floor space. Warehousing. One space for every 1,000 square feet of gross floor area up to 10,000 square feet, and one additional space for each 2,000 square feet above 10,000 square feet. Sec. 54 3 15.3. Computation of parking spaces. In computing the number of required parking spaces the following rules shall govern: (a) Floor area calculation. Floor area means the gross floor area of a particular use. Retail area means that floor area accessible by the public. (b) Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shall be construed to be the next whole number. (c) Requirements for uses not identified. The parking requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of their profession and such standard shall be approved by the planning and zoning commission. (d) Requirements for mixed uses. In the case of mixed uses, the parking spaces shall be equal to the sum of the several uses computed separately. (e) Applicability of standards to expanding uses. Whenever a building or use is enlarged in floor area, number of dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this article. Sec. 54 3 15.4. p Mod+gsatien of ,parking requirements. (a) Location of off -street parking spaces. Deleted: p (1) Residential. The required parking for single family and duplex units shall be located on the lot where the structure is located. The garage shall not be counted toward the parking requirement. Deleted: area (2) Multifamily. Parking for multifamily residential uses shall be located on -site. Spaces shall be within 150 feet of the door of the unit that the spaces are intended for. (3) Model homes. The required parking for a model home shall be located on the same lot as the model, or on a contiguous lot, owned by the contractor or developer, or may be located in the adjacent right -of -way if approved by the city engineer. All parking shall meet the following requirements: a. Any parking located on a corner lot shall be designed so as not to obstruct the view of approaching traffic. b. Ingress and egress to the parking area shall be a minimum of 30 feet from any corner and a minimum of 10 feet from any property line. c. The driveway may be counted for two parking spaces. (4) Commercial,tnstitutional, industrial zoning districts. ,Off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is located. For buildings or uses located in a per ersial non residential district, parking spaces may be located on another site, provided such site is not more than pAB 500 feet kern—the if the full amount of the required facilities cannot be provided on the same parcel of land. This shall be measured from the property line of the development to the property line of the off site parking area. No more than 25% 50% of the total required spaces may be located in the off -site facility. Such parking spaces shall be within a sernmercially non residentially zoned district. Such sites can not be separated by streets of a major collector„er roadways with more than two lanes or by a railroad right -of- way. Parking sites located across public streets may require safeguards as determined by the Planning and Zgning Cgmmission. continued Any sites utilizing off -site parking shall execute a cross access agreement by all parties having a legal interest in the property(s) covered. Said agreement shall be provided at the time of site plan application for the properties affected. The easement agreement shall provide for the perpetual access and use of the adjacent property's parking spaces and driving aisles. The easement agreement must be approved as to legal form and sufficiency by the City Attorney. The easement agreement must be recorded in the public records prior to the approval of the project site plan or in cases where no site plan approval is necessary (applicable), prior to issuance of a building permit. (5) Within the Commercial Waterfront Residential and Commercial Riverfront zoning districts the following shall apply: a. Increases to the floor area of an existing building, construction of a new building having greater floor area or a change to the approved uses in an existing building, the parking requirements of this section are in effect. In lieu of meeting these requirements, owners or developers in the Community Redevelopment Area (CRA) shall be allowed to pay a fee reflecting the actual cost of providing parking. 0) Establishment of Riverfront Parking Trust Fund. The Riverfront Parking Trust Fund is- hereby established to receive the fee paid by developers in lieu of providing on -site parking necessary for a project and shall be used only to develop and maintain public Formatted: Indent: Left: 1" Deleted: Deleted: i Deleted: i Deleted: Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Deleted: as the structure because the existing structure(s) consume space that would otherwise be available for parking. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Deleted: p Deleted: zo Deleted: co Formatted: Strikethrough Deleted: f Formatted: Indent: Left: 0.38" parking within the Community Redevelopment Area east of the Florida East Coast railroad tracks. This program is available to commercial uses and properties within the Commercial Riverfront (CR) and Commercial Waterfront Residential (CWR) districts only. (ii) Establishment and Calculation of Trust Fund Spaces. The fee amount shall be calculated on a "per space" standard. Fees shall be determined by the City based upon the cost of design and construction per parking space. If the City purchases additional land to be utilized as public parking, then the costs shall include the acquisition costs. These fees will be adopted by the City Council and may be amended from time to time by resolution. (iii) Maximum Quantity Established. A maximum of fifty (50 per cent of the parking- required by the city code for development located within the CRA must be provided on site or meet the criteria for off -site parking. The maximum number of spaces that may be purchased in this program is 30 per development. Formatted: Indent: Left: 0.38" (iv) Non Exclusive Use. Any public parking utilized in this program is not assigned to a business or to be reserved in any manner. Participating in this program confers no rights upon the business. to place any advertisement, notices or signage upon the parking Formatted: Font: Arial spaces. The City expressly retains all such rights. Formatted: Font: Arial (v) Residential and Multi Family uses are excluded from utilizing the Parking Trust Fund to. meet their parking requirements. (b) Joint use. A single parking area may be used to service more than one establishment if the normal hours of operation of the establishments do not overlap. If a single parking area is so used, additional parking may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to run during any concurrent period. Any joint use of parking spaces on a prorated basis must have a document of joint use signed by all parties concemed and approved as binding by the city attorney. (c) Historical structures. When the parking standards are applied to an historic structure and such requirements would detrimentally affect the historic character of the property, the planning and zoning commission may reduce the parking requirement. A maximum reduction of 1 space or ten percent of the total parking spaces required, which ever is greater, may be permitted. The planning and zoning commission shall find that a reduction in parking will not create a hazardous condition or detrimentally affect traffic movement. (d) Specimen or historic trees. A maximum reduction of one space or ten percent of the total number of parking spaces required, whichever is greater, may be permitted to save specimen or historic trees. Sec. 54 -3 -15.5. Parking areas not to be reduced in area. Areas designated for off street parking or loading in accordance with the requirements of this code shall not be reduced in area or changed to any other use unless the permitted use which it served is discontinued or modified, except where equivalent parking or loading space is provided and approved pursuant to article XVIII, Site Plan Review. Formatted: Indent: Left: 0.38" Subject: Economic Development Funding A�r•� d for Submittal by: Agenda No. /0. 12 Z Department Origin: City Attorney: City Manager City Clerk: Date Submitted: 2 SEP 10 I n r, City Manager EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 Staff will act as directed. tarw SL TIC HOME OF PELICAN SID AGENDA TRANSMITTAL SUMMARY At the last Regular Meeting, City Council requested that a discussion be added to the agenda in order to consider a special funding allocation for economic development funding. In preparation for the discussion item, staff has researched a funding source and recommends that an amount of approximately up to $10,000 can be earmarked for this expense from the non department accounts in the General Fund. RECOMMENDATION